As-of-Right Minor Variances…

As-of-Right Minor Variances

Adding to the changes recommended through Bill 17, as-of-right variances will be permitted for up to a yet to be determined percentage of existing zoning standards, minimizing the need for minor variance applications. Bill 17 put a structure in place for as-of-right variances of up to 10% of setback requirements but a regulation implementing that change is not yet in force through Royal Assent.

Staff Response: Similar to staff’s response on Bill 17, staff are not supportive of this proposed change as multiple as-of-right variances may have unforeseen cumulative impacts on drainage, fires separation, emergency access, etc. For example, a 10% automatic reduction to a side yard setback may create building code issues with respect to fire separation. Should the Province approve this change, it should only apply to the provisions in the parent zoning by-law and not apply to site specific amendments or variances.

Provincial Policy Tests

Decisions affecting a land use planning matter are required to be consistent with the Provincial Planning Statement (PPS). Minister’s decisions on ministerial zoning orders (MZOs) will not be required to be consistent with the PPS, except for decisions that apply to Greenbelt lands. This proposed change is to apply retroactively even to Minster’s decisions made prior to Bill 60.

Staff Response: Staff are not in favour of this potential change as decisions made on planning matters should represent good planning and therefore be consistent with the PPS. Staff understand that some matters of significant economic importance may not be able to comply with all matters of the PPS. Ideally however, the PPS does support good land use planning and if changes are needed to the PPS then there should be changes to specific policies for specific instances rather than open ended Ministerial change.

Streamlining Official Plans

Currently each municipality develops and structures its own official plan, in accordance with provincial policies and plans. The Ministry of Municipal Affairs and Housing (MMAH) will work with municipalities, key stakeholders and the public to establish simplified and standardized official plans that are more predictable and streamlined to speed the development of homes and infrastructure. To reduce the length and complexity of official plans, the Province is establishing mandatory land use sections, designations and schedules, and restricting official plans to a maximum of 250 pages. The Province is also proposing a mandated structure for chapter titles and their sequence, along with uniform land use designations and permissions. Further, the Province is considering relocating secondary plans to be incorporated elsewhere, most likely zoning by-laws.

Staff Response: Staff agree that official plans should be simplified and staff are taking into consideration the changes proposed by the Province and modifying our draft Official Plan currently under development accordingly. Staff note that the Province does not identify any tourist related uses within their proposed list of mandatory land use designations. The City's current Official Plan has a
Tourist Commercial designation that is not contemplated by the Province. Accordingly, Staff request that there should be flexibility for municipalities to add designations for uses like tourism where it is specific and important to a municipality's individual character and economy.

Staff would not be supportive of secondary plans being incorporated elsewhere. Informed by a comprehensive planning process, secondary plans are a tool used to implement municipal, regional and provincial plans within a specific geographic area of the municipality while providing detailed direction to support the development of complete communities. Secondary plans allow for a more detailed examination of land uses in a specific neighbourhood informed by a high level of consultation with targeted stakeholders. Finally, the secondary plan process helps with capital planning for
infrastructure and the long-term financing of upgrading various core infrastructure and services such as water, wastewater, storm water management and transportation related services.

Niagara Falls has invested heavily in its secondary plan program over the years and uses secondary plans as a key tool to plan our greenfield areas as well as a mechanism to promote urban renewal within our existing neighbourhoods. With four plans currently underway, this Provincial proposal may undermine the process and investment already made in developing these plans thereby,
compromising the City's long term planning objectives.