2016 Year in Review: Planning reform dominates news
NRU
Dec. 21, 2016
Reforming the planning system in Ontario continued to dominate NRU’s news in 2016. A number of provincial reviews began, some concluded and others are anticipated to be completed in 2017, with lots of speculation about potential changes to the Ontario Municipal Board.
The year began with changes to the Development Charges Act coming into effect, through the enactment of regulations for the Smart Growth for Our Communities Act. These were followed by amendments to the Planning Act on July 1.
In May the province proposed changes to the Growth Plan, Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan, as part of its coordinated review process. This was followed by a flurry of responses from municipalities about the proposed intensification rates and greenfield density targets. Within the context of its 2041 population forecast, York Region chief planner called the new numbers—60 per cent intensification and 80 people and jobs per hectare—too high, too soon. Both Friends of the Greenbelt Foundation and Neptis Foundation weighed into the ensuing discussion.
Seeking to present a unified voice to the province concerning the proposed scope of the OMB’s mandate, a group of municipal councillors from across the Greater Golden Horseshoe got together before the OMB review was launched. Its recommendation: appeals of council decisions should be strictly limited.
The OMB review was finally announced in late June with few details. The consultation paper was released and town hall meetings scheduled in the fall, following a cabinet shuffle with the new municipal affairs minister Bill Mauro and attorney general Yasir Naqvi together leading the review. Regional Planning Commissioners of Ontario affirmed the need for the OMB and suggested changes that would emphasize mediation and curtail the amount of litigation before the board.
Working toward an updated regional transportation plan, Metrolinx released a discussion paper in August. Planning and transportation experts were cautiously optimistic about its directions, citing a lack of clarity about the relationship between the transportation plan and the Growth Plan.
The consultation period on the provincial review of the Conservation Authorities Act ended in September with municipalities calling on the province for predictable and sustainable funding for Ontario’s 36 conservation authorities.
The Premier’s September mandate letters to her cabinet set out an aggressive agenda for 2017.
Consultation on the future of the GTA West Corridor began in the fall, following the appointment of an advisory panel, led by former deputy minister Gail Beggs, to assist in the review. Transportation minister Steven Del Duca’s mandate letter indicates a decision may be imminent.
January
York Region is concerned that connecting the missing rail link could increase the amount of freight rail traffic travelling through Markham and Vaughan on the east-west CN line. Brampton prioritizes attracting highly-skilled professional staff as the complexity of planning issues increases. Motion from Aurora councillor Tom Mrakas asks the province to limit the jurisdiction of the OMB to questions of law and process. Vaughan’s planning budget makes development of the Vaughan Metropolitan Centre a priority. Durham Region council composition review committee recommends maintaining the size of council at 28 seats by removing two seats from Oshawa and adding one each to Ajax and Whitby to reflect population changes. Burlington mayor Rick Goldring says the city can’t have lower tax increases at the expense of not dealing with its infrastructure deficit.
Development and OMB News—OMB dismisses an appeal of Vaughan’s approval of an OPA for the Block 40/47 Secondary Plan. Settlement is reached among Riteland Development, Caledon and TRCA over Riteland’s application for an estate residential subdivision at 15877 Mount Wolfe Road. Markham staff recommends approval of The Remington Groups’ site plan application for the proposed Remington Centre. Whitby staff recommends approval of a site plan application from Whitby (Brock & Rossland) Developments for 48 condominium townhouses at Civic Centre Drive and Kenneth Hobbes Avenue.
February
Report from The City Institute at York University calls on Metrolinx to address issues of equity, affordability and access to improve fairness in all aspects of transit service. Richmond Hill planners anticipate the end of greenfield development. Oakville approves its active transportation capital program adding 28 km of cycling and pedestrian paths to its 185-km network. Durham Region increases funding to foreign direct investment to improve opportunities for economic growth.
Development and OMB News—Burlington strengthens its focus on intensification to maintain the city’s rural-urban balance. Richmond Hill staff recommends approval of two draft plans of condominium by Torview Properties at 9471 Yonge Street. Settlements are reached on 24 appeals of Oakville’s employment policies in its growth plan conformity OPA and ZBA. Neptis launches a mapping and information platform to facilitate dialogue on planning issues at community, municipal and regional scales. Mississauga and Southlawn Developments reach a settlement on OPA and ZBA applications for a proposed development at Eglinton Avenue West and Mavis Road.
March
York Region says an expanded freeway network is an essential component of the region’s transportation master plan and urges the province to resume the currently suspended EA for the GTA West corridor. Greater Toronto Airports Authority reports concerns that traffic congestion will threaten the future growth of airport operations. Whitby approves a pilot to livestream council and standing committee meetings to enhance transparency and accessibility. Peel Region considers a new long-term way to pay for development in response to concerns about the costs of funding growth-related infrastructure. Provincial government launches consultation on proposed inclusionary zoning legislation. York Region assesses its cemetery needs. Newmarket develops a framework for addressing the changing recreational needs of the community. Hamilton considers revisions to its downtown CIP to maximize redevelopment opportunities. Caledon reorganizes by eliminating all director positions.
Development and OMB News—Burlington staff and the local councillor are on board with a proposal from ADI Development Group for 248 residential units comprising rear-lane, back-to-back, stacked townhouse and condo apartments in six-storey buildings adjacent to the Aldershot GO station. Ajax councillors delay adopting development permit system until June. York Region council allows Times Group to transfer density from a site zoned for high-density residential development at 4002 and 4022 Highway 7 in Markham to land owned by the developer on the south side of Highway 7. Halton Hills ICBL restricts change in established neighbourhoods until the completion of its Mature Neighbourhoods Character Study.
April
Mississauga undertakes a community visioning process for Malton in advance of OP review. Provincial amendments proposed for the Municipal Election Act would allow municipalities to use ranked ballots. Barrie considers updating its Downtown Barrie and Allandale Centre CIPs to emphasize the need for more affordable housing. Lake Simcoe Conservation Authority works to shift away from centralized water management systems for rainwater capture in urban areas to a decentralized approach with on-site interventions. Peel Region updates its goods movement strategic plan to 2022. Oshawa economic impact analysis shows the GO train extension to Bowmanville could spur significant new investment and job growth. Mississauga studies whether it should leave Peel Region and become a single-tier municipality.
Development and OMB News—OMB dismisses an appeal against Hamilton’s approval of an OPA to add the Ancaster Wilson Street Secondary Plan to the Urban Hamilton OP. Ontario Superior Court rules that Richmond Hill may appeal the OMB’s ruling on its parkland dedication by-law at the Ontario Divisional Court. Georgina council approves a new OP that maintains the existing town and villages designations for a provincially significant wetland. OMB dismisses an appeal of Halton Region’s OP by TSI International to have its property at 9603 Twiss Road included in the urban boundary and to permit an estate residential subdivision.
May
Mississauga studies the policy tools needed to encourage the development of affordable housing. Provincial government launches an EA and awards Steer Davies Gleave the contract to develop a business case for a high-speed rail link between Toronto and Windsor. York Region highlights an expanded cycling network. Vaughan launches its ward boundary review. Hamilton approves $50-million in funding for poverty reduction initiatives over the next decade. Province proposes amendments to its land use planning policies and launches the next phase of consultation on the coordinated review of the Growth Plan, Greenbelt Plan, Oak Ridge Moraine Conservation Plan and Niagara Escarpment Plan. Transportation experts say autonomous vehicles could change the dynamics of land use planning in the GTHA. OPPI announces Etobicoke-Lakeshore MPP Peter Milczyn will pursue public legislation to regulate the planning profession in Ontario. Mississauga’s unveils its first public art master plan.
Development and OMB review—Mississauga considers a report on phase one of the Ninth Lands Study, a joint land use review with Peel Region to guide future growth and development of the 350ha area bounded by Highway 407 to the west, Ninth Line to the east, Highway 401 to the north and the Highway 403/407 interchange to the south. OMB dismisses an appeal by Ame-Son Holdings of Richmond Hill’s new OP seeking to convert a property from employment to non-employment uses, including residential. Pickering considers a ZBL proposed for its city centre, which permits a broad range of uses and identifies minimum and maximum density provisions. OMB approves a draft plan of condominium by Sagio Investments for two largely occupied buildings at 70 Stewart Avenue and 73 Washington Avenue in Oakville.
June
Ontario Environment and Climate Change minister Glenn Murray asks York Region and Durham Region to answer additional questions about cladophora algae along Ajax’s shoreline. Province announces GTA West Advisory Panel to assist in the review of the GTA West Corridor. Caledon approves a CIP to help revitalize its six villages. Ontario Municipal Affairs and Housing minister Ted McMeekin resigns from cabinet and Premier Kathleen Wynne shuffles cabinet. Ontario Heritage Trust consults with the public on the Cheltenham Badlands. York Region says it needs the Yonge subway extension to reach provincial growth targets. Hamilton votes to keep Auchmar Estate, the former house of one of its most influential citizens, public. Peel Region municipalities are at odds about the composition of regional council. Milton votes to reduce the size of its council from 11 to nine members.
Development and OMB news—OMB allows ZBA and draft of subdivision applications from Long Body Homes, Dickson 48 Property, Sedgewick Property and Centerfi eld, facilitating the creation of a 103 ha community within Richmond Hill’s West Gormley Secondary Plan area. Mississauga planning and development committee approves Canada Lands Company’s master plan for 1 Port Street East, which includes a vibrant mixed-use area with public spaces that allow access to the water’s edge. OMB approves a draft plan of subdivision by Home-Land Development Group for 28 single-detached dwellings at 1642 King Street in Scugog. Final appeal of Whitby’s growth conformity OPA is resolved at the OMB. The OMB approves a settlement among appellants Tavco Realty Holdings, Criterion Development Corporation, Ontario Restaurant Hotel & Motel Association, TDL Group, McDonald’s Restaurants of Canada and A&W Food Services of Canada and Newmarket concerning the town’s adoption of an OPA to its Urban Centres Secondary Plan. Newmarket staff is draft ing the town’s fi rst parkland dedication by-law, which sets diff erent rates for lands inside and outside of the town’s urban centres. Ontario Divisional Court upholds the OMB’s decision ruling that Halton Region’s DC by-law is unfairly causing one type of housing form to subsidize another.
July
Toronto Global, the new foreign investment attraction agency for the GTA, prepares to merge the operations of the Greater Toronto Marketing Alliance and Invest Toronto. Georgina refocuses its economic development efforts to better support its small businesses and encourage job creation. Hamilton staff anticipate that the city’s infrastructure will decline without a sustainable level of capital reinvestment. Province releases draft legislation on inclusionary zoning which suggests it wants inclusionary zoning to be a distinct category in municipal OPs. The Building Industry and Land Development Association raises concerns about the implications of proposed changes to the Growth Plan, including increased intensification rates and greenfield density targets. Burlington approves a pilot project to educate residents on how to reduce the risk of home flooding. Peel Region debates how much it should invest in the infrastructure needed to service the Bolton expansion area.
Development and OMB News—Hamilton staff raise concerns about a Planning Act amendment that puts a two-year ban on minor variance applications following an owner-initiated ZBA. Board allows appeals of Oakville ZBL concerning the largest residential lots in the town. Settlement reached at OMB over proposal to develop 37 townhouses at 370 Big Bay Point Road in Barrie. King staff recommend approval of ZBLA for Nobleton urban area. Markham considers a by-law that would permit secondary suites on a city-wide basis. Settlement is reached between Dunbury Developments (Regional) and Clarington at OMB over proposal for a residential subdivision comprising between 237 and 301 units at 2278, 2318 and 2360 Regional Road 57 in Bowmanville.
August
Ontario’s conservation authorities ask the province to clarify the role of CAs and update their funding model in the Conversation Authorities Act review. Caledon raises concerns about the greenfield density and intensification targets in the proposed Growth Plan amendments. Friends of the Greenbelt Foundation report recommends a freeze on boundary expansion until the 2016 census data is available. Hamilton food strategy seeks to grow the agricultural and food processing industries, spur employment and address food insecurity. Metrolinx releases a discussion paper for the 10- year review of the Big Move. Oshawa says the increased Growth Plan targets will put too much pressure on future greenfield development. A pilot project in Oakville and four other Canadian municipalities seeks to create a toolkit to guide the inclusion of natural capital in assessment management plans.
Development and OMB News—Mississauga leverages development activity to increase public access to its waterfront. OMB approves an application by Grand Communities (Pickering) for 28 three-storey common-element townhouse condos at 356 and 364 Kingston Road in Pickering. Whitchurch-Stouffville staff recommends that the town begin accepting ZBA applications to allow sensitive institutional uses within its business park despite the potential for land use conflicts. A group of Ontario councillors ask that the OMB be required to uphold municipal council decisions when OPs are appealed unless the decision is found to be contrary to legislation.
September
Municipalities ask the province to commit predictable and sustainable funding to Ontario’s conservation authorities. Mississauga’s new creative industries strategy seeks to drive growth and development in the city’s creative sectors. York Region suggests the province move away from prescriptive numbers in the Growth Plan and focus instead on policy directions. Burlington discusses new transportation vision and policy directions as it shift s its planning paradigm from growing out to growing up. Scugog realigns its corporate structure to more effectively align its service areas. Newmarket develops a strategy to leverage innovation, urbanization and collaboration to attract new businesses and workers to the town. Hamilton is concerned about how the province’s new intensification and greenfield density targets will affect the city’s housing mix. Regional Planning Commissioners of Ontario suggest changes to OMB should emphasize mediation and curtail the amount of litigation before the board.
Development and OMB News—Aurora settlement with 2419059 Ontario at the OMB swaps 22 townhouses for 11 detached houses at 479 Wellington Street West. Ontario Divisional Court decision says OMB does not have the jurisdiction to cap Richmond Hill’s OP parkland dedication policies. Brampton staff call proposed employment land protection policy amendments overly prescriptive. Update to Hamilton’s downtown secondary plan includes tall building guidelines. OMB allows three motions by Vaughan to approve part of its new OP that had been under appeal. Richmond Hill council gives a greenlight to plans to build a new civic centre and create a central gathering space.
October
Hamilton creates a framework that tracks progress on city initiatives and uses data to improve operations. York Region asks the province to give municipalities the flexibility to determine inclusionary zoning policies. The provincial government launches a consultation on the GTA West corridor. Halton Region’s new rural agricultural strategy focuses on creating a permanent agricultural system and developing rural-bases policies to support the industry. Whitby develops an action plan to encourage development downtown. Municipal lawyers express concern that limits to the OMB’s ability to override municipal planning decisions may not be in the public interest. Municipalities raise concern about policy gaps and missing pieces of key infrastructure in Metrolinx’s Big Move review. Mississauga staff recommend incentives to encourage office developers to invest downtown.
Development and OMB News—Newmarket raises concern about how Growth Plan density targets applied in neighbouring municipalities may impact development in its downtown. Provincial government launches a comprehensive review of the OMB. Board approves a settlement between Loblaw Properties and Oakville over a portion of the town’s new comprehensive ZBL and its implementing OPA. Neptis bulletin seeks to debunk the argument that a shortage of serviced land is causing housing prices to increase in the GTA. Settlement is reached at OMB over appeal from Yonge- Kingston Centre and Criterion Development of Newmarket’s adoption of an OPA to implement its urban centres secondary plan. Caledon’s Bolton Village HCD by-law is appealed by a group of local residents and corporations.
November
Mississauga launches a digital portal enabling users to search through planning-related data and to track planning decisions online. Newmarket’s new streetscape master plan focuses the town’s attention to the public realm conditions along it major corridors. Hamilton develops a framework for the sale of its Pier 8 lands for private mixed-use development. Mississauga considers incentives to encourage the construction of affordable housing. The electricity sector anticipates significant growth in York Region as it addresses future electricity needs. Brampton staff develops a work plan to lay the groundwork for the development of a new post-secondary facility. Hamilton proposes new sites for public art.
Development and OMB News—Burlington halts its OP review process to create a brand new OP that is more in tune with its future as a modern, mid-sized city. Innisfil OP review seeks to rewrite the plan using a placemaking lens. Settlement is reached at OMB between 237351 Ontario and Uxbridge allowing a modified site plan proposal for 27 dwellings at 62 Mill Street and retention of the Gould Estate. Halton Region recommends that the province scope appeals, limit de novo hearings and improve mediation at the OMB. Board allows an appeal, in part, by Nobleton North Holdings of King’s adoption of an OPA to implement the Nobleton Community Plan. St. Marys Cement proposes to expand its operations in Clarington into Lake Ontario to extract limestone from an underground mine about 150 m below the lake bottom.
December
Hamilton councillors are enthusiastic about the potential to expand laneway housing in the city. The Greater Toronto Area Agricultural Action Committee is dissolved, with its work set to continue through the Golden Horseshoe Food and Farming Alliance. The provincial government passes legislation to allow municipalities to implement inclusionary zoning.
Development and OMB News—Residents adjacent to a proposed community centre in Richmond Hill are concerned about congestion, insufficient parking and a lack of privacy. Clarington approves Courtice Main Street CIP, which seeks to ensure intensification goes in the right plan and to improve the public realm.
