Update: Interim Control By-Law February 2020
It’s important that you know what’s happening at City Hall.
This week marked the close of the appeal period for the planning policies that were approved by Council on January 30th for the lands in the Interim Control By-law (ICBL) boundaries. The ICBL (development freeze) will continue as a result of appeals which prevent the policies from going into effect. It is important that your Councillor provides clear and understandable information about the process. Many have keenly followed this year long process as City Hall sought to address issues of growth pressure and how transit designations affect growth. In addition to the City of Burlington Media Release, additional background information can be found HERE.
Why are we here today?
The community asked me to deliver on pushing the city for a more sensible approach to growth and accountability surrounding development. I have been steadfast in keeping residents up to date on the approach Council has undertaken to achieve this. We have made it clear there is no simple approach or ‘silver bullet’ to untangle the complex systems that support planning applications that are not compatible with the community vision. A technical process has delivered solid planning policy that tightens zoning controls which address height maximums and podiums, street line setbacks, active transportation elements (ie: bicycle parking, mid-block corridors, streetscaping elements), and community institutional use.
Through this process, areas within the ICBL boundaries were identified with no zoning designation, particularly near the Burlington GO. This means that the planning process everyone is familiar with through pre-consultation to statutory public meeting, and council decision do not apply to developments in these areas. The result is no public engagement, no community benefits, and no limits beyond the Building Code; applications go straight to technical Site Plan Approval. We have brought tighter zoning controls that the community supports in the land generally being downtown and at the Burlington GO.
What does this mean to Residents?
Burlington has committed to community responsive growth management that ensures growth respects council approved height and density for land use as set out in its planning instruments. For clarity, this includes the existing municipal planning policies, and any revisions from the Official Plan and Zoning Bylaw (ICBL) studies and recommendations. The resulting policies, that are now appealed, seek to deliver this for residents.
This means residents can be confident that their elected officials are working in their best interest using the resources and tools best available. We will continue to defend these policies that represent good planning created by independent consultants.
Was this rushed?
My answer is no. Here’s why: An interim control by-law is rarely enacted by a municipality because of the sheer magnitude of freezing development. Council voted to support Staff’s recommendation to enact this tool in the Planning Act as a response to:
Growth pressures that continue to emerge for the lands in the study area where multiple pending developments propose intensities that are significantly higher than those anticipated by the 2018 Adopted Official Plan
The role and function of the John Street Bus Terminal as a Major Transit Station Area (MTSA). Its designation as a MTSA was relied upon by the Ontario Municipal Board in its decision to allow a 26-storey development that was opposed by Council in 2016, citing that as a MTSA, the terminal could support intensities well in excess of those contained in the Official Plan.
My comment: I continue to stand by this decision and appreciate the strong position Staff bought forward for consideration. In the clearest terms, Staff would have been mandated to continue accepting and processing planning applications that vastly exceed in force planning permissions. Essentially, it would be difficult to ever conclude a planning application for final recommendation without creating a new planning precedent. This is not an effective way to manage our city’s growth intentions.
Were appeals expected? Did the City decide to extend the ICBL?
It is the right of any property owner or individual who has expressed interest in a land use matter to appeal any planning decision made by Council. The venue for this is exclusive to the Local Planning Appeal Tribunal (LPAT) for Planning Act appeal of land use decisions made by municipalities, including matters such as official plans and zoning by-laws.
This is a case of one for all and all for one. Two scenarios were possible at the close of the appeal period on February 26th, 2020. The first would see no appeals to either the official plan amendments (OPA#119) or the zoning by-law amendment (ZBA 2020.418) that was approved by Council bringing the new policies into effect, and the subsequent lapse of the ICBL on March 5th, 2020. At that time, all new planning applications would be reviewed against said policies, resulting in a planning recommendation report either supporting or refusing the development application.
Alternately, the second scenario has taken place. It would take only one single appeal to the zoning by-law amendment (ZBA 2020.418) approved by Council to extend the ICBL until such time the appeal(s) were dealt with by LPAT. The result is effectively extending the freeze on development for the entire land use study area.
City staff worked diligently to meet Council’s commitment to complete the work within one year and lift the freeze on the lands within the ICBL boundary. Any appeal has the effect of automatically extending the ICBL until hearings and a decision is made by LPAT, City Staff or Council have NOT made a decision to extend the ICBL.
We know there are property rights which include the right to submit an appeal to the LPAT. We do not speculate on appeals, what we do is vote on enacting sound planning policies based on evidence and independent consultant studies. This principled approach allows us to move the business of the city forward with our constituents as our priority.
Here’s what happens next:
The City Clerk will compile the appeal record for all of the appeals filed and send them to the Local Planning Appeal Tribunal in order to schedule a Case Management Conference (CMC) at a future date under the LPAT which adjudicates conflicts during the process of land use planning.
My comment: It is my understanding that the ICBL will continue in effect until all of the zoning by-law appeals are resolved. The Tribunal has recently increased adjudicators appointed to expedite the backlog of such cases. Therefore, it is anticipated that the appeal cases will be heard at the Tribunal in a prompt manner, however the scheduling of the hearings is up to the LPAT.
Transparency:
This council has committed to integrity and transparency on all issues, including the ICBL. Significant effort has been made to keep the public fully engaged and aware of each step of the process. On occasion there are legal matters that cannot be disclosed publicly. In all other cases, every step and decision was communicated through various channels, including social media, newsletters, and ward updates.
As this process unfolds and Council continues to assess and strategize the successful management of the appeals and LPAT, please stay tuned to City Media Releases as communication will be ongoing.
Approval of the Zoning By-law Notice was circulated in local news. This marked the appeal period beginning on February 6th for 20 days with the appeal window closing on February 26th, well in advance of the March 5th ICBL one-year anniversary.
Leading to the above, the formal public process received and considered comments in open public Council Meetings that are archived on the City website.
Additionally, my newsletter has brought the community along on each step of this process with monthly updates. I invite you to visit archived issues at the Burlington Ward 2 Page.
For the latest updates on the process and why it matters, I encourage you to keep up to date by subscribing to the Ward 2 Newsletter, please email Ward2@Burlington.ca
As always, please connect with me at Lisa.Kearns@Burlington.ca for any further questions.
Lisa