Planning Act – Schedule 3…

Planning Act – Schedule 3 and 7 (ERO 025-0461)
Minor variances
Summary: Minister would have authority to allow certain variations as of right if a proposal is within a prescribed percentage of the required setback (e.g., 10%) in specified lands (e.g., urban residential lands).
Comments: There are some concerns with as-of-right variance where development may not be adequately accommodated on sites such as in older built up areas where structures were built prior to zoning bylaws and in new areas where setbacks are minimal.
Rather than moving to an as-of-right regulation, the Province could consider amendments to Section 39.2 of the Planning Act to provide delegated authority for minor variance applications. This could allow for an improved, faster process where the variance is within a prescribed percentage. In this instance, municipalities could ensure that the proposed development satisfies Building Code requirements ahead of permit submissions.
Should the proposal be enacted, the legislation should be clear that if the setback variance impacts other regulations that it not be permitted as-of-right (for example, side yards that are also a legal parking space or access to a parking space or side yard areas required for drainage swales).

Study Requirements and certified professionals
Summary: The proposed changes would limit municipal complete application requirements to what is currently identified in official plans. Any new or revised requirements would have to be approved by the Minister. Also propose to create regulatory authority to list topics that cannot be required, list the only studies that could be required and specify certified professionals. Studies that are proposed to not be required include sun/shadow, wind, urban design, lighting.
Comments: The type of studies required varies depending on the form of development proposed. Limiting the ability to require studies could result in poorly executed development that impacts livability. Many of the concerns heard through public meetings on development proposals related to sun/shadow, wind, urban design and lighting which are all impacts on existing and future residents. Good design considers these elements. Further consultation with municipalities is recommended to ensure that limitations on studies does not result in negative long-term impacts. Generally limited concern about certified professionals, as the standard is already to require certified professionals to prepare studies in support of development applications.

Streamlining approval for Schools
Summary: Propose to exempt the placement of all portable classrooms from site plan control where currently only schools built prior to January 1, 2007 are exempt. Amend the Planning Act to provide as-of-right permission for Kindergarten to Grade 12 public schools and ancillary uses on urban land zoned for residential uses.
Comments: The City agrees with the extension of exemptions to all schools. With respect to as-of-right zoning permissions for schools on residential lands, the City of Cambridge permits schools within lands designated residential in the Official Plan and within lands zoned residential. Generally, there are concerns with potential impacts of large-scale secondary schools locating within neighbourhoods. Regulations could be introduced to restrict the locations of large-scale secondary school’s locations along collector or arterial roads. While property size requirements may limit new secondary schools from being built in an infill situation, the inclusion of regulations for larger schools would alleviate impacts within neighbourhoods.

Minister’s Zoning Order
Summary: Allow the Minister to impose conditions on Minister’s Zoning Orders that must be met before a use is permitted.
Comments: The City agrees that conditions should be imposed on Minister’s Zoning Orders. Typically, a Minister’s zoning order permits a range of uses as-of-right without consideration for matters such as servicing, traffic improvements, environmental protection, etc. The implications of development should be understood prior to approving an order. Where that is not possible, conditions will protect the public interest by allowing for review and approval prior to development.