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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird, Commissioner of
Development Services Valerie Shuttleworth, Director Of
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PREPARED BY: |
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DATE OF MEETING: |
2004-03-02 |
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SUBJECT: |
New |
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RECOMMENDATION:
THAT the staff report entitled “New
THAT Council support the establishment of
public and stakeholder consultations on the proposed legislation, and
specifically request the provincial government and the Greenbelt Task Force to invite the Town of
·
proposed planning and Ontario Municipal Board reforms;
·
the scope, content and implementation of a proposed future greenbelt;
·
the growth management strategy and implementation framework for the
Central Ontario Zone; and
·
the five year review of the Provincial Policy
Statement.
THAT Council request the provincial government and the Greenbelt Task
Force to support an exemption for OPA No. 113 on the basis that Markham has
been practicing comprehensive settlement planning, including specific attention
to environmental issues, consistent with the current Provincial Policy
Statement and the requirements of the Region of York Official Plan;
THAT
Council reiterate its request to the provincial
government for comments on the Eastern Markham Strategic Review within the
context of the Greenbelt Study;
THAT
Council urge the provincial government to expedite an integrated
provincial growth management strategy for the Central Ontario Zone including
its approach to Greenbelt Protection in the Golden Horseshoe and related
revisions to the Provincial Policy Statement.
THAT
Council urge the provincial government to address the following municipal
issues as they relate to the proposed legislation and the new growth management
vision:
(a) to provide a stronger
Provincial Policy Statement with greater clarity in policy integration and
prioritization and more guidance on interpretation;
(b)
to further amend the
(c)
to include provisions in the
legislation to determine when a provincial interest is affected in order to
avoid uncertainty relating to the application/interpretation of matters of
provincial interest;
(d)
to further restrict the
powers of the Ontario Municipal Board to
only review local decisions based on a prescribed standard of review and/or a
failure of process, or matters that
involve a clear provincial interest;
(e)
to achieve consistency in
the definition of “Urban Settlement Area” as it applies to Bill 26, Bill 27 and
the Provincial Policy Statement;
(f) to amend Bill 124 to delete
the proposed amendment to Section 41 of the
(g) to further amend the
(i) introducing authority under Subsection (4) for a council of a municipality to approve plans and drawings addressing the colour, texture and type of material, window treatment, and construction and architectural details of a proposed development; and
(ii) eliminating the current OMB appeal mechanism;
(h) to further amend the
THAT
Council endorse the attached report and submit it to the Province as the Town
of
THAT the Clerk forward a copy of this report to the Premier, the Minister of Municipal Affairs, the Minister of Public Infrastructure Renewal, York Region MPPs, the Association of Municipalities of Ontario, the Region of York and the Chair of the GTA Task Force on OMB Reform.
PURPOSE:
The
purpose of this report is to outline two new pieces of provincial legislation
introduced by the
Minister of Municipal Affairs respecting new planning reforms and
greenbelt protection and identify appropriate actions/responses from the Town
to the provincial government as a formal submission in response to
Environmental Bill Rights Registry Nos. AF03E0001 and
AF03E002.
EXECUTIVE SUMMARY:
In
principle, the Town of
·
concurrent revisions to the Provincial Policy Statement (PPS); and
·
further reforms to the Ontario Municipal Board (OMB);and
·
and further amendments to the
Municipalities
must be given the authority and legislative tools necessary to manage growth
and establish good urban design at the community level reflecting local needs
and interests.
The Town
also supports, in principle, the introduction of a study area for greenbelt
protection contained in Bill 27, provided that efforts to achieve natural
heritage system and agricultural lands protection are set within the context of
a broader provincial growth management vision for the Central Ontario Zone.
Given that the entire Town of
·
specific matters of interest
to
·
policy and growth management
studies initiated by the Town complementary to greenbelt protection such as the
Rouge Park Official Plan Amendment, the Eastern Markham Strategic Review, and
the Environmental Policy Review and Consolidation particularly as they relate
to rural and agricultural lands; and
·
specific requests related to lands affected by the moratorium and the Minister’s
Zoning Order – Golden Horseshoe such as the future disposition of
In this
regard, it is recommended that Council specifically request the provincial
government and the Greenbelt Task Force to invite the Town of
It is
also recommended that Council urge the provincial government to expedite an
integrated provincial growth management strategy for the Central Ontario Zone
including its approach to Greenbelt Protection in the Golden Horseshoe and
related revisions to the PPS. This will
support the Town’s efforts in growth management and environmental protection,
and guide the ongoing review and maintenance of the Town’s Official Plan.
BACKGROUND:On Dec. 15th, Provincial
Government introduced Bill 26, to strengthen the
DISCUSSION:
Proposed Strong Communities (
·
Strengthen the implementation provisions of the
·
Increase the time
decision-makers have to review planning applications
·
Restrict certain powers of
the OMB
RECOMMENDATION:
In addition to expressing
support for the proposed wording change, it is recommended that Council urge
the provincial government to provide a stronger PPS with greater clarity in
policy integration and prioritization and guidance on interpretation.
2. Increase the time decision-makers have to
review planning applications
The Bill increases the time
municipalities have to review and make decisions on specific planning
applications before appeals may be made to the OMB.
The time periods are increased as follows:
·
from
90 to 180 days for Official Plans, Official Plan Amendments and
Subdivisions/Condominiums
·
from
90 to 120 days for Zoning By-law Amendments and Holding By-laws, and
·
from 60 to 90 days for Consents.
Also, municipalities will no longer be required
to hold a public meeting on a private Official Plan Amendment within 65 days of
receipt of the application.
The stated intent is to give the public a
stronger voice in the planning decisions that affect their communities by
increasing the time available for municipalities to review planning
applications and consult with stakeholders before a proponent may appeal to the
OMB.
The previous time frames were too
restrictive. In many cases it was not
practical for Town staff to complete a comprehensive review and adequately
advise Council in making a decision on a complex application . The increased time frames will allow Town
staff more time to study and consider the full implications of development
applications, and consult with the public.
However, the Province should also include amendments to the
RECOMMENDATION:
In addition to expressing support for the increased
time frames, it is recommended that Council urge the provincial government to
further amend the
3. Restrict certain powers
of the OMB
The Bill restricts the powers of the OMB to
make an order or decision in an appeal respecting an Official Plan, Official
Plan Amendment, Zoning By-law or Holding by-law if the Minister gives notice to
the Board that he is of the opinion that a matter of provincial interest is, or
is likely to be, adversely affected by all or part of the proposed planning
approval. In such cases, the decision of
the Board would be determined? by
the Lieutenant Governor of of Council
with the power to confirm, vary or rescind the decision of the Board.
The stated intent is to protect broader public
interests by enabling the Minister to declare a provincial interest in any OMB
appeal for an Official Plan, zoning by-law or related amendments and permit the
Provincial Cabinet to determine a final decision on such matters of provincial
interest. However, the Minister should
be required to identify which provincial interest may be adversely affected and
how, in order to avoid uncertainty relating to the application/interpretation
of matters of provincial interest.
The proposed legislation is also seen by the provincial government as a “strong step” towards reforming the OMB and restricting the powers of the Board and the ability of the Board to substitute as decision maker on matters of provincial and local interest. In recent years, there has been increasing concern that OMB decisions are overriding municipal government planning decisions and threatening legitimate community based planning. There is the perception that the current scope of work for the OMB is too broad with too many “de novo” hearings on local land use planning and urban design matters that have been legally and reasonably dealt with by a municipal council. The role of the OMB should be articulated more clearly by the Province to be restricted to that of a review court, rather than a trial court. Under this scenario, the Board would only hear appeals from municipal planning decisions based on a prescribed standard of review (i.e. acting unreasonably) and/or a failure of process (i.e. acting in bad faith) or matters of provincial interest.
RECOMMENDATION:
In addition to expressing support for the
proposed legislative changes, it is recommended that Council urge the
provincial government to include provisions in the
It is also recommended that the provincial
government further restrict the powers of the OMB to only review local
decisions based on a prescribed standard of review and/or failure of process,
or matters that involve a clear provincial interest.
4. Eliminate appeals to the OMB relating to
private proposals for Urban Boundary Expansions
The Bill introduces a new definition of “Urban Settlement
Area” as an area of land designated in an official plan for urban uses
including urban areas, urban policy areas, towns, villages, hamlets, rural
clusters, rural settlement areas, urban systems, rural service centres or
future urban use areas, or as otherwise permitted by regulation. The Bill
eliminates the right to appeal to the OMB if a municipality refuses to alter
the boundary of an Urban Settlement Area.
The stated intent is to eliminate the current OMB appeal
mechanism for private applications to expand the urban boundary of a
municipality and restrict the Board from overruling or pre-empting a
municipality’s ability to implement local growth management. This will provide greater assurance that the
Town’s growth management strategies related to compact urban form, mixed land
uses, higher densities, improved transit and transportation infrastructure,
environmental and heritage protection, and good urban design will be upheld and
reflect local needs and interests.
There is a confusing inconsistency in the definition of
“Urban Settlement Area” in Bill 26, Bill 27 and the Minister’s Zoning Order –
Golden Horseshoe and no definition provided in the current PPS.
RECOMMENDATION:
In addition to expressing support for the proposed
legislation, it is recommended that Council urge the provincial government to
achieve consistency in the definition of “Urban Settlement Area” as it applies
to Bill 26, Bill 27 and the PPS.
5. Introduce new powers for the Minister to
deal with “in process” applications and appeals
The Bill introduces new powers for the
Minister to make regulations to deal with applications and appeals that were
already in the planning approval process when the Bill becomes law – these
regulations can be retroactive.
The effect is that the Minister can apply the
new standard of Bill 26 retroactively to “in process” planning approvals and
can do so on a case by case basis.
Other Matters Related to Bill 26
From the Town of
The recent success of
Section 41 currently restricts the ability of a municipal council to
uphold its own community design standard. Bill 124 (BRAGG) proposes changes to
Section 41 of the
RECOMMENDATION:
It is
recommended that Council urge the provincial government to amend Bill 124 to
delete the proposed amendment to Section 41 of the
(i) introducing authority under Subsection (4) for a council of a municipality to approve plans and drawings addressing the colour, texture and type of material, window treatment, and construction and architectural details of a proposed development; and
(ii) eliminating the current OMB appeal mechanism;
An additional matter is the objective of ensuring that cultural heritage resources in a municipality are managed in a manner which perpetuates their functional use while maintaining their heritage value and benefit to the community. In the area of subdivision development, the conservation and incorporation of, or the mitigation of adverse effect to, significant cultural heritage resources should be addressed and implemented through a condition of any consent or subdivision approval or agreement.
RECOMMENDATION:
It is
recommended that Council urge the provincial government to broaden the powers
of Section 51 of the
Proposed Greenbelt Protection Act, 2003 (Bill 27)
·
Establish a Greenbelt Study Area and consult broadly on Greenbelt Study
issues
·
Establish a one-year
moratorium on urban development of Greenbelt Study Area
·
Stay certain proceedings in
the Greenbelt Study Area
·
Strengthen protection of the
Oak Ridges Moraine
1. Establish a Greenbelt Study Area and consult
broadly on Greenbelt Study issues
The greenbelt study area comprises the Regions of
Durham, Halton, Peel and York and the Cities of
Hamilton and Toronto as well as lands within the Niagara Escarpment Plan, the
Oak Ridges Moraine area, and the tender fruit area of the Region of Niagara.
The Bill establishes the grounds for a comprehensive
consultation process to gather public and stakeholder input on key greenbelt
issues. Once the Bill is passed, it is
the stated intent of the provincial government to
authorize a Greenbelt Task Force to:
·
shape and lead the
consultation with the public and stakeholders;
·
provide recommendations to
the government on the scope, content and implementation of a proposed future
greenbelt within a specified time frame; and
·
develop a clear and transparent
process for dealing with requests related to lands affected by the Minister’s
Zoning Order – Golden Horseshoe and lands that would be affected by the
moratorium that would take effect under the proposed greenbelt protection act.
The activities of the
Greenbelt Task Force will include, among other things, a series of public
meetings with residents of the Golden Horseshoe and workshops representing
municipal, development industry, recreational, environmental and agricultural
sectors in the Golden Horseshoe. Initial
greenbelt consultations are expected to run for 60 days between April and June
2004 with follow-up consultations on the proposed approach to greenbelt
protection expected in the Fall of 2004. The Task Force was appointed by the
Minister on February 16, 2004. A list of
the Greenbelt Task Force Members is attached to this report in Appendix A.
Given that the entire
Town of Markham is located in the greenbelt study area, it is important that
the Town be invited to actively participate in the Task Force workshops to
identify:
·
specific matters of interest
to Markham including balancing strategic growth management with protecting the
environment and other greenbelt study area issues;
·
policy and growth management
studies initiated by the Town complementary to greenbelt protection such as the
Rouge Park Official Plan Amendment, the Eastern Markham Strategic Review, and
the Environmental Policy Review and Consolidation particularly as they relate
to rural and agricultural lands; and
·
specific requests related to
lands affected by the moratorium and the Minister’s Zoning Order – Golden
Horseshoe as outlined in Section 2 below.
RECOMMENDATION:
It is recommended
that Council support the establishment of a greenbelt study area for the Golden
Horseshoe and specifically request the provincial government and the Greenbelt
Task Force to invite the Town of Markham to actively participate in the
stakeholder workshops on the scope, content and implementation of a proposed
future greenbelt.
2.
Establish a one-year moratorium on urban development of Greenbelt Study
Area
The Bill establishes
a one-year moratorium on urban development of rural and agricultural lands in
the Golden Horseshoe to prevent urban expansions and enable the government to
conduct a study of the greenbelt area.
Prohibitions on
development in the greenbelt study area include:
·
municipalities are not
permitted to approve urban uses on lands outside designated Urban Settlement
Areas;
·
landowners are not permitted
to apply for planning approvals on lands outside of designated Urban Settlement
Areas; and
·
all applications and
proceedings before the OMB for lands outside of designated Urban Settlement
Areas are stayed.
The development
prohibitions do not apply to lands already subject to provincial legislation
such as the Niagara Escarpment Plan or lands in the Oak Ridges Moraine area or
the City of Toronto.
The Province has imposed a Minister’s Zoning Order –
Golden Horseshoe on the greenbelt study area to provide immediate protection
while the legislation is in the house. Ontario Regulation 432/03 is a zoning
order to prohibit the use of land that is not located in an Urban Settlement
Area for any use not in existence or permitted as of December 16, 2003. The Order applies to lands shown as shaded
on Map No. 215 (See Appendix B)
The Order does not apply to the City of Toronto or
lands in the Niagara Escarpment Plan area or the Oak Ridges Moraine area which
are already subject to planning regulations.
It also does not apply to certain lands in Markham and Pickering which
are the subject of other pre-existing Minister’s zoning orders (ie. MZO – Airport as shaded on Map No. 216, and MZO –
Former Agricultural Preserve Lands Pickering as shaded on Map. No 210) (See
Appendix C and D.)
The moratorium for the
greenbelt study and the MZOs (Golden Horseshoe and
Airport) apply to all lands located outside of the designated Urban Settlement
Area in the Region’s and Town’s Official Plan and prohibits any use of the
lands, other than existing legal use, and any other permitted uses by existing
zoning. This is similar to the Interim
Control By-laws Council has introduced to control land use while local planning
studies are completed.
On this basis, it
appears that the one year moratorium on land use approvals applies to:
·
OPA/ZBA application – Al Hussain Foundation – no OPA/ZBA adopted
·
OPA No. 113 – 404 North
It
is anticipated that the Al Hussain Foundation will be
filing a request with the Province to permit exemption for an urban use in the
rural area. This would allow Markham
Council to continue to consider approval for conversion of the existing prayer
chapel to a place of worship.
OPA
No. 113 was adopted by Council in July 2003, but the Region cannot amend its
urban settlement boundary in the Official Plan in support of OPA No. 113 or
approve OPA No. 113 during the moratorium.
RECOMMENDATION:
It
is recommended that Council request the provincial government and the Greenbelt
Task Force to support an exemption for OPA No. 113 on the basis that Markham
has been practicing comprehensive settlement planning, including specific
attention to environmental issues, consistent with the current PPS and the
requirements of the Region of York Official Plan.
3. Stay
certain proceedings in the Greenbelt Study Area
Bill
27 has a substantial impact on the Board’s authority and jurisdiction but is
limited to a specific geographic area and a one year time period while the Bill
is in force. The proposed legislation stays Board hearings only with respect to
designated areas within the greenbelt study area. The Greenbelt Protection Act
is repealed on December 16, 2004.
4. Strengthen
protection of the Oak Ridges Moraine
The Bill strengthens
protection of the Oak Ridges Moraine by amending the Oak Ridges Moraine
Conservation Act, 2001 (ORMCA) to clarify transition provisions as follows:
·
clarifies that uses that
exist may continue regardless of conformity with the ORMCA zoning amendments;
·
clarifies further approvals
applying to decisions on draft plans of subdivisions, consents and draft plans
of condominiums under the ORMCA; and
·
clarifies procedures
following a Minister’s notice to defer an OMB hearing under the ORMCA.
The
proposed amendments to the ORMCA are supportable.
The
stated intent of the proposed Greenbelt legislation is to enhance strategic
growth management by providing for a Golden Horseshoe greenbelt. In principle, the Town of Markham supports
this growth management initiative provided that efforts to achieve natural
heritage system and agricultural lands protection are set within the context of
a provincial growth management vision for the Central Ontario Zone.
Complementary
to the Greenbelt Study Area, the Province must commit to providing:
·
a provincial growth management strategy and implementation framework for
the Central Ontario Zone;
·
revisions to the PPS;
·
further reforms to the OMB mandate and process;
·
concurrent changes in other legislation and policies that impact
municipal authority to manage growth, eg. financial
tools and policies;
·
guidance on land and infrastructure requirements necessary to manage
future urban growth;
·
further research, mapping and analysis of natural heritage, agricultural
and other resource lands for greenbelt protection; and
·
specific policies to address growth management and the potential impact
of urban development beyond the Greenbelt Study Area.
As one of
several initiatives in the Town’s Strategic Plan, Council has identified its
wish to proceed with the preparation of a review of the Official Plan. In doing so, Markham must reflect and have
regard to senior government legislation and policies including those of the
provincial government.
RECOMMENDATION:
In order
to support Council in growth management and environmental protection, it is
recommended that Council urge the provincial government to expedite an
integrated provincial growth management strategy for the Central Ontario Zone
including its approach to Greenbelt Protection in the Golden Horseshoe and
related revisions to the Provincial Policy Statement.
FINANCIAL CONSIDERATIONS:
There are no financial considerations at this time resulting from the
proposed provincial legislation.
ENVIRONMENTAL CONSIDERATIONS:
The
creation of Greenbelt Study Area under Bill 27 has the potential to create a
complementary provincial policy that will result in improved protection of
Markham’s natural features and green spaces as a component of a natural
heritage system.
ENGAGE 21ST CONSIDERATIONS:
It
is anticipated that the new provincial legislation will assist Markham in
achieving its 20-year vision with a concerted focus on strategic plan
initiatives and projects. It is also
anticipated that the new legislation will assist Council in guiding growth
management, environmental protection and Official Plan policy.
BUSINESS UNITS CONSULTED AND AFFECTED:
Staff from the Legal Department were consulted on the recommendations/actions outlined.
ATTACHMENTS:
Appendix ‘C’ -
MZO - Airport (Map No. 216)
Appendix ‘D’ -
MZO - Former
Agricultural Preserve Lands Pickering (Map No. 210)
Appendix
‘E’ - January 27, 2004 Letter to
Minister of Municipal Affairs
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Valerie
Shuttleworth, M.C.I.P., R.P.P Director
of |
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Jim
Baird, M.C.I.P.,R.P.P Commissioner
of Development Services |
