Council Planning · July 11, 2023 · Item 3.3
City-initiated Official Plan Amendment No. 91 be received and approved in accordance with Attachment-1 of Report 2023-294, dated July 11, 2023. That the By-law…
Vote on the amended motion under the agenda item Delegation of Authority Update - Minor Zoning By-law Amendments - 2023-294
Carried (13 to 0)
13 in favour, 0 against — unanimous
What was voted on
The motion in its exact words, as recorded in the minutes.
That the City-initiated Official Plan Amendment No. 91 be received and approved in accordance with Attachment-1 of Report 2023-294, dated July 11, 2023. That the By-law, included as Attachment-2, Draft Delegation of Authority Amending By-law, be approved to amend the Delegation of Authority By-law (2023)-20794, as amended.
Moved by Councillor Richardson, seconded by Councillor Caton.
How the room voted
In favour (13)
- Allt
- Billings
- Busuttil
- Caron
- Caton
- Chew
- Downer
- Gibson
- Goller
- Guthrie
- Klassen
- O'Rourke
- Richardson
Who spoke to it
Lucas Mollame, Policy Planner summarized the delegation of authority update - minor Zoning By-law amendments and provided details on Bill 13, delegation of authority, holding provisions, temporary uses, other minor Zoning By-law amendments, proposed approval process and staff recommendations.
What council was given
The staff reports and correspondence attached to this item. The summaries are written automatically, so you can tell what a document is without opening a ninety-page PDF.
- Delegation of Authority Update - Minor Zoning By-law Amendments - 2023-294.pdf
Combines a public meeting with a decision, asking Council to approve Official Plan Amendment No. 91 and changes to the Delegation of Authority By-law so that the General Manager of Planning and Building Services can handle certain routine matters: removing holding provisions, passing temporary use by-laws, and making minor technical zoning corrections. Staff say this responds to provincial Bill 13 and shortens processing times, and does not change public notice or public meeting requirements.
- Attachment-1 Draft Official Plan Amendment No. 91.pdf
- Attachment-2 Draft Delegation of Authority Amending By-law.pdf
- Attachment-3 DoA Minor ZBL Amendments Council Presentation.pdf
A summary is this site’s description of a document, not the City’s. Open the document before relying on one.
What was said
2,008 words from the meeting recording, transcribed automatically. Times are from the start of the recording.
Read the debate(click to open)
1:46:06and we are going to normally,
1:46:10we would have taken a little bit of a break here,
1:46:12but I think we've only got this one extra thing
1:46:14or we're going to get through that.
1:46:15This is important too.
1:46:16And then we'll head into a quick break before our workshop.
1:46:20This is a delegation of a,
1:46:22I'm sorry, can Councillor Downer or,
1:46:26can you make sure Councillor Caron knows
1:46:27that she could come back or someone gone?
1:46:29Oh, perfect.
1:46:32So we're heading into delegation of authority update
1:46:35and we got Lucas Malam, am I saying that right?
1:46:39Malami.
1:46:40Malami, I'm sorry.
1:46:42Lucas, this is also your first time delegating to us.
1:46:46So welcome, we're looking forward to what you have
1:46:48to present to us in regards to this issue.
1:46:51So I'll turn it over to you.
1:46:52Go ahead.
1:46:53Thank you, Mayor Guthrie.
1:46:54Good evening, Mayor and members of council.
1:46:57This is the statutory public meeting
1:46:59and decision meeting for a proposed official plan amendment
1:47:03to delegate authority to the general manager of planning
1:47:05and building services as the city of Guelph's head planner
1:47:08for minor zoning bylaw amendments.
1:47:11Bill 13, supporting people and businesses act, 2021,
1:47:17added a new section 39.2 to the planning act
1:47:29to permit municipal councils to delegate the authority
1:47:32to staff to pass minor zoning bylaw amendments
1:47:35as stipulated by the planning act.
1:47:37Minor zoning bylaw amendments
1:47:38include lifting a holding provision,
1:47:40temporary use bylaws
1:47:41and other minor zoning bylaw amendments.
1:47:44Prior to bill 13,
1:47:45the planning act allowed council
1:47:46to only delegate decisions with respect to site plans,
1:47:49plans of subdivision and consents
1:47:51to either a municipal committee or staff.
1:47:54In order to delegate this authority to staff,
1:47:56municipalities must establish official plan policies
1:48:00related to these minor zoning bylaw amendments.
1:48:02While the city of Guelph official plan has policies
1:48:04related to most of these minor zoning bylaw amendments,
1:48:07these sections must be modified
1:48:09to delegate this authority to staff.
1:48:12Staff are supportive of the changes made by bill 13.
1:48:15These changes will improve service delivery
1:48:18and create additional capacity for staff and council
1:48:21so there can be more focus on substantive issues.
1:48:24Despite the many technical differences
1:48:25in these applications, including staff review time,
1:48:28all zoning bylaw amendments currently require council approval.
1:48:32Several municipalities in Ontario
1:48:34have added delegation of authority
1:48:35for minor zoning bylaw amendments.
1:48:53Delegation of authority for minor zoning bylaw amendments
1:48:56includes three types of zoning bylaw amendments,
1:48:58holding provisions, temporary uses
1:49:00and other minor zoning bylaw amendments as defined.
1:49:14Holding provisions are each symbols
1:49:16that are applied to lands through the zoning bylaw.
1:49:18In this instance, land is zoned
1:49:20but development is considered premature
1:49:22until specific conditions can be met.
1:49:24Section 10.5 of the city's official plan
1:49:27sets out the circumstances
1:49:29when a holding provision may be appropriate.
1:49:31For example, the city's comprehensive zoning bylaw
1:49:33which is currently under appeal
1:49:35has applied a holding symbol on lands that were up zoned
1:49:38for additional height and residential density
1:49:41to ensure that municipal services are adequate and available
1:49:44to the satisfaction of the city prior to the construction
1:49:47of new buildings
1:49:48and or additional residential development of the lands.
1:49:51Public notice of removing a holding provision is required
1:49:54as normally posted in the newspaper
1:49:56and on the city's website.
1:50:00A temporary use zoning bylaw is a zoning bylaw
1:50:03that permits the temporary use of land, buildings
1:50:05or structures for any purpose
1:50:07that is not prohibited by the zoning bylaw.
1:50:10Section 10.6 of the city's official plan
1:50:12sets out the conditions that shall be satisfied
1:50:15prior to the approval of a temporary use zoning bylaw.
1:50:18Temporary use zoning bylaws are renewable annually
1:50:21for up to three years.
1:50:23Once the temporary use zoning bylaw expires,
1:50:25the temporary zone is removed
1:50:27and the property reverts back to the original zone
1:50:29and the use is permitted.
1:50:34The city's official plan does not currently have policies
1:50:36regarding other minor zoning bylaw amendments.
1:50:39Through this official plan amendment,
1:50:40staff are proposing a new policy in section 10.4
1:50:44so that council may delegate approval authority to staff
1:50:47for minor zoning bylaw amendments.
1:50:49A minor zoning bylaw amendment delegated to staff
1:50:51would only address errors and emissions
1:50:54that are not consistent with the regulations
1:50:56of the zoning bylaw.
1:50:58As proposed to be defined,
1:50:59minor zoning bylaw amendments shall only include
1:51:02correction of grammatical formatting
1:51:04and or administrative errors and emissions,
1:51:06mapping errors and updates, text amendments
1:51:10to add clarity for the intent of regulations,
1:51:12housekeeping updates to reflect changes to job titles,
1:51:15city departments, external agencies and organizations
1:51:19or other policy documents and legislation
1:51:22and removal of site-specific zones
1:51:24that are more restrictive than the parent zone.
1:51:26Specific to number five of this list,
1:51:28removal of site-specific zoning will only occur
1:51:31in instances where the parent zone
1:51:33already permits additional uses and regulation flexibility
1:51:37over and above the site-specific.
1:51:40The comprehensive zoning bylaw introduce new use permissions,
1:51:43regulations and the mixed use zone category.
1:51:46Providing staff with this authority
1:51:48will ensure that development proposals
1:51:50that already meet the parent zone requirements
1:51:52of the comprehensive zoning bylaw
1:51:54do not have to go to council
1:51:55and can proceed directly to site plan.
1:51:57Staff's opinion is that minor zoning bylaw amendments
1:52:00of these types will not change the intent
1:52:02or outcome of the zoning bylaw.
1:52:05Minor zoning bylaw amendments will not include land use changes
1:52:08and will not replace the minor variance process.
1:52:24Though the proposed approval process
1:52:26would replace council approval,
1:52:27which would include a council decision meeting
1:52:29and bylaw approval with a recommendation memo
1:52:32to the general manager of planning and building services.
1:52:35City staff have developed a standard operating procedure
1:52:38to describe the approval process in full detail.
1:52:41Applicant-initiated minor zoning bylaw amendments
1:52:44are still required to follow the pre-consultation process,
1:52:47which can include a development review committee meeting
1:52:49where staff will identify any high-level issues
1:52:52and confirm study and supporting document requirements.
1:52:55Applicants will be required
1:52:57to follow appropriate guidance material provided by the city.
1:53:00Removal of a holding provision
1:53:01and passing a temporary use bylaw
1:53:03have existing development application fees
1:53:06through the development application fee bylaw.
1:53:08These fees will continue to be applicable.
1:53:11Once clearance has been received,
1:53:13staff may draft the recommendation memo
1:53:15and zoning bylaw amendment.
1:53:17The memo will describe the development proposal
1:53:19if applicable, how the conditions have been met,
1:53:22if applicable, and if there are any further conditions.
1:53:25It should also include a location map, an air photo,
1:53:28and proposed plans, again, if applicable.
1:53:30For minor zoning bylaw amendments
1:53:32that provide corrections to errors or omissions,
1:53:34the memo would outline what the correction is
1:53:37and how the correction will provide clarity to users.
1:53:40As proposed by staff,
1:53:42a statutory public meeting shall not be required
1:53:44for a minor amendment to the zoning bylaw
1:53:47unless written concerns have been submitted
1:53:50during the commenting period described in the public notice.
1:53:53Note that most minor zoning bylaw amendments
1:53:56are not appealable to the Ontario Land Tribunal,
1:53:59with the exception being that applicants
1:54:00retain their appeal rights.
1:54:03If the general manager of planning and building services
1:54:05refuses the application,
1:54:07the applicant can request a final decision from council.
1:54:15And these are the recommendations before you.
1:54:17I'm happy to take any questions.
1:54:19Thanks a lot, Lucas,
1:54:20and thanks for your first presentation to us.
1:54:22We really appreciate it.
1:54:24Let me just see if there's someone willing
1:54:25to move the recommendations.
1:54:27Richardson and I'll go,
1:54:29Kate, as well, nice to see you.
1:54:32And then now any questions for clarity
1:54:34on this one before I call the vote?
1:54:35Gawler, please.
1:54:38Thank you through your worship to staff.
1:54:40Thank you for the presentation.
1:54:42With regards to the public notice,
1:54:43so currently those things would be coming
1:54:45to a council meeting and we would see them in the agenda.
1:54:47So what is the new process so that the public knows
1:54:50that these changes are happening?
1:54:58So the public notice would still be posted
1:55:00to the city's website
1:55:01and would still be circulated on newspaper as well.
1:55:05So that information would still be provided to the public.
1:55:07And if comments are then received,
1:55:09then staff could address those comments
1:55:11either through the recommendation memo
1:55:14or if needed would then come to a decision from council.
1:55:18Perfect.
1:55:19And in terms of how we are notified,
1:55:22is it with information items that come out every Friday
1:55:25or like how do we actually get those notices?
1:55:36To the mayor, to the councillor Goller.
1:55:37So currently we do circulate when an application comes in
1:55:41and through our clerk in our planning department,
1:55:44all of council does receive those notices
1:55:46or if there's an update to an application.
1:55:47So you would receive those similar mail outs
1:55:51when an application comes in
1:55:53or to lift a holding provision as well.
1:55:56And that does have to be advertised in the paper as well.
1:55:58It's applying that requirement.
1:55:59So we'll go through the normal process.
1:56:01Okay. And just for clarity.
1:56:02So that's an individual emails per change.
1:56:06That is correct.
1:56:06Okay.
1:56:07Thank you very much.
1:56:08And is anything being taken away
1:56:10from a committee of adjustment
1:56:12or just from council decisions?
1:56:17No, nothing is being taken away
1:56:18from the committee of adjustment.
1:56:20Okay. Thank you very much.
1:56:21Thanks for your worship.
1:56:22Great. Thank you.
1:56:23Seeing nothing.
1:56:24Oh, sorry.
1:56:25Councillor Rock has a question.
1:56:27Thank you, Mayor Guthrie.
1:56:28So through you to staff there,
1:56:30the language really talks about streamlining
1:56:32and efficiencies, et cetera.
1:56:35So will this actually help like a small business owner
1:56:38who's trying to open something in them all
1:56:40and maybe it doesn't quite fit.
1:56:41And so he's told, or she's told,
1:56:43well, you have to go to committee of adjustment
1:56:44or you need to seek his owning change.
1:56:46Will this help those people?
1:56:50Through the matter to the councillor.
1:56:52No. So it has to, like it's a minor zoning amendment.
1:56:55So if we have a, a texture or a minor area,
1:56:58but not to add an additional use
1:57:00unless it's already in the parent's zone.
1:57:01So if they, they still want to add something new,
1:57:05they have to go to the committee of adjustment
1:57:06or to council for that.
1:57:07So it's, it's minor, minor changes.
1:57:10Okay. Thanks.
1:57:13Great. Thank you.
1:57:15All right. I think I can call the vote.
1:57:17Yeah. All right.
1:57:20Thank you very much.
1:57:20Just before I call the vote to staff
1:57:22and to you, Lucas and all those that worked on this,
1:57:24I really appreciate it.
1:57:26It does lend itself to our workshop
1:57:29that's coming up pretty soon to show that we are, you know,
1:57:32making changes to help streamline
1:57:34and make efficiencies here for things like that.
1:57:36So I think it's great.
1:57:38Okay. Is anyone against this?
1:57:40And I think I should just read that out
1:57:42that the city initiated official plan amendment
1:57:45number 91 be received and approved in accordance
1:57:47with attachment one of the report 2023 294 dated July 11th, 2023.
1:57:53And that the bylaw included as attachment to the draft
1:57:56delegation of authority amending bylaw
1:57:58be approved to amend the delegation of authority bylaw 2023
1:58:02dash 20794 as amended.
1:58:04So again, I'll call the vote is anyone against seeing none.
1:58:08That's unanimous.
1:58:09So thank you so much.
1:58:10Thanks, Lucas and thanks to the staff.
1:58:13And councillor, a Katon,
1:58:16would you be willing to move the bylaws for us please?
1:58:23Absolutely.
1:58:24Through you.
1:58:25I'd like to move that bylaws number 2023 dash 20806
1:58:3120810 20812 and 20813 are hereby passed.
1:58:38Thanks. And seconded by, I'll go with alt there for me.
1:58:41Thank you.
1:58:42Is there anything on those bylaws?
1:58:45Hearing and seeing none.
1:58:46I'll call the vote anyone against those.
1:58:49Hearing and seeing none.
1:58:50That's unanimous.
1:58:51So thank you.
1:58:51And now there's no mayor's announcements.
1:58:56Adjournment please.
1:58:58Koran, thank you.
1:59:00Klausen, anyone against adjournment?
1:59:03Seeing none.
1:59:04That's unanimous.
1:59:05We're done this meeting.
1:59:06So we're just a little bit behind, but not bad.
1:59:10And that's okay.
1:59:12We can work things out as we move into the workshop,
1:59:14but we are going to take a dedicated break
1:59:16just to clear our mind.
1:59:18And so.
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The motion, the vote and the debate come from the City of Guelph’s published record, reproduced rather than interpreted. The document summaries above are the exception: those words were written for this site.