Loading...
01 16 2019 SpCouncil AgendaPage 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda, and shall be conducted as follows: • Open Forum shall last no longer than 20 minutes; • Each speaker shall be required to identify the agenda item they are speaking to and provide their name and address, which may become part of the public record; • A speaker shall be limited to 2 minutes per agenda item; • No response shall be provided to any question posed during Open Forum; • No discussion, debate or decisions will occur during Open Forum; • Each speaker is permitted to speak only once per agenda item; • A speaker may provide comment on one agenda item and then shall step aside to enable another to provide comment on an agenda item; • No speaker shall speak to a second agenda item until other individuals have had an opportunity to speak once; • Speakers providing comment on the same agenda item, shall be requested to limit their comments so as to provide additional information and not repeat the same information provided by a previous speaker; • Comments made during Open Forum will not form part of the minutes of the meeting; • The following matters will not be permitted during Open Forum: o Comments/complaints against Members of Council or Page 1 of 18 The Township of Oro-Medonte Special Council Meeting Agenda Council Chambers /O Township of Wednesday, January 16, 2019 8:45 a.m. - Crime Stoppers Flag Raising Proud Heritage, Exc;rinkq Futuve 9:00 a.m. - Open Session Closed Session following Open Session 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda, and shall be conducted as follows: • Open Forum shall last no longer than 20 minutes; • Each speaker shall be required to identify the agenda item they are speaking to and provide their name and address, which may become part of the public record; • A speaker shall be limited to 2 minutes per agenda item; • No response shall be provided to any question posed during Open Forum; • No discussion, debate or decisions will occur during Open Forum; • Each speaker is permitted to speak only once per agenda item; • A speaker may provide comment on one agenda item and then shall step aside to enable another to provide comment on an agenda item; • No speaker shall speak to a second agenda item until other individuals have had an opportunity to speak once; • Speakers providing comment on the same agenda item, shall be requested to limit their comments so as to provide additional information and not repeat the same information provided by a previous speaker; • Comments made during Open Forum will not form part of the minutes of the meeting; • The following matters will not be permitted during Open Forum: o Comments/complaints against Members of Council or Page 1 of 18 Council Meeting Agenda - January 16, 2019 Township staff; o Matters beyond the jurisdiction of Council or the Township; o Closed Session agenda items, including current or pending litigation, or Insurance claims and/or pending claims by or against the Township; o Comments with respect to Minutes of Council and Committees; o Comments that are contrary to the Municipal Freedom of Information and Protection of Privacy Act; o Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of comment related to a recommendation contained within the Staff Report. • The Chair may conclude Open Forum prior to the 20 minute maximum time limit, for non-compliance with the Open Forum parameters, Conduct of Members of the Public, or any other reason. 5. Consent Agenda: 4 - 6 a) Correspondence dated December 18, 2018 from Horseshoe Valley Property Owners Association (HVPOA) re: Implications of Bill 66 Restoring Ontario's Competitiveness Act. Staff Recommendation: Receive and Consider in Conjunction with Item 6a) Report No. DS2019-3. 7 - 9 b) Correspondence dated December 19, 2018 from Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition and Margaret Prophet, Executive Director, Simcoe County Greenbelt Coalition re: Bill 66, Restoring Ontario's Competitiveness Act. Staff Recommendation: Receive and Consider in Conjunction with Item 6a) Report No. DS2019-3. 6. Reports of Municipal Officers: 10-17 a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and Andy Karaiskakis, Senior Planner re: Bill 66, Restoring Ontario's Competitiveness Act and Proposed Open -for -Business Planning By-law (OFB-ZBL). 7. Closed Session Items: a) Motion to go in Closed Session. b) Motion to Rise and Report. C) Robin Dunn, CAO re: Labour relations/employee negotiations (Compensation). 8. Confirmation By -Law: 18 a) By -Law No. 2019-008: Being a by-law to confirm the proceedings of the Special Council meeting held on Wednesday, January 16, 2019. Page 2 of 18 Council Meeting Agenda - January 16, 2019 9. Questions from the Public Clarifying an Agenda Item: Questions from the Public Clarifying an Agenda Item provides an opportunity for the members of the public to seek clarification with respect to the decision which was made on an agenda item, the meaning of the decision and the next steps as a result of the decision. • Questions from the Public Clarifying an Agenda Item shall last no longer than 10 minutes; • Responses provided to questions posed during Questions from the Public Clarifying an Agenda Item shall be included within the 10 minute maximum time limit; • Each speaker shall be required to identify the agenda item they are seeking clarification on and provide their name and address, which may become part of the public record; • A speaker shall be limited to 1 minute per question; • A speaker may pose a question and then shall step aside to enable another to pose a question; • The Chair may conclude Questions from the Public Clarifying an Agenda Item prior to the 10 minute maximum time limit, for non- compliance with the above parameters, Conduct of Members of the Public, or any other reason. 10. Adjournment: a) Motion to Adjourn. Page 3 of 18 5.a) Correspondence dated December 18, 2018 from Horseshoe Valley Proper... HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION ,dAt Helping to make Horseshoe Valley an even better place to live HVPOA Board of Directors Position on Bill 66 December 18, 2018 IMPLICATIONS OF BILL 66 RESTORING ONTARIO'S COMPETITIVENESS ACT WELL INTENTIONED, BUT COULD WEAKEN ENVIRONMENTAL PROTECTIONS AND LIMIT PUBLIC INVOVLEMENT On the final day of the fall session of the Government of Ontario Bill 66 (also known as "Restoring Ontario's Competitiveness Act, 2018"), a controversial piece of legislation passed first reading. If this Bill becomes law, it will amend or repeal a wide variety of existing statutes including the Planning Act, and Clean Water Act, put in place to avoid public health disasters such as Walkerton. We are encouraging all HVPOA members to become familiar with the potential impact Bill 66 could have on planning and responsible development in Oro-Medonte and the province. In the view of the Canadian Environmental Law Association (CELA) "Bill 66 constitutes the biggest and most significant environmental rollback to occur in a generation in Ontario." It will grant municipalities the ability to obtain provincial approval to use a new tool called "open for -business" zoning bylaw that bypasses some existing environmental and planning regulations. The bylaw would only be available if the municipality could prove a development creates 50 jobs for places with populations under 250,000 — or 100 jobs in larger municipalities. Bill 66 reduces the need for public consultation in the development process and could lead to land uses that put the Greenbelt, Oak Ridges Moraine, source water protection areas and the Simcoe watershed at risk. The Province has rationalized it on the basis that it will eliminate red tape and burdensome regulations, and will enable businesses to create "good jobs". It will amend the Planning Act to enable municipalities to pass "open -for -business" zoning by laws that may not comply with prescribed provisions in the Clean Water Act, Greenbelt Act, 2005, Great Lakes Protection Act, Lake Simcoe Protection Act, 2008, Oak Ridges Moraine Conservation Act, 2001, Resource Recovery and Circular Economy Act, 2016 and other provincial statutes. A number of Municipalities and Mayors have added their names to a growing list who are expressing concern about the implications of this Bill. Jeff Lehman, Mayor of Barrie, says this bill goes "Way, way, way too far". Page 4 of 18 5.a) Correspondence dated December 18, 2018 from Horseshoe Valley Proper... HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION ,dAt Helping to make Horseshoe Valley an even better place to live Orillia's mayor, Steve Clarke, says there needs to be a delicate balance. "Anything to cut red tape is great, but not at the expense of the character that is our city, or the quality of life we are able to enjoy." Marianne Meed Ward, Mayor of the City of Burlington, stated "We stand firm in our commitment to protecting our greenbelt from development and protecting our farm families and rural agricultural economy. We will also ensure our residents benefit from the protections in all the other pieces of legislation referred to in Bill 66. We will not be comprising their safety or quality of life for speed. I do not see Burlington using this legislation, if it is passed. At the same time, we'll do everything we can to ensure Burlington is open for business." Oakville's Mayor Rob Burton stated " the Open for Business zoning bylaw removes the ability for the local residents or councillors to influence planning decisions. Specifically, if adopted, the bylaw would allow development to go forward with no public notice, no consultation and no appeal. Additionally, the bylaw would override a "hold" or "H" placed on land by the local councillor or council body and would exempt developers from their obligation under Section 37 of the Planning Act. This bill is bad for municipalities and bad for constituents. As local representatives, we know that managing development is one of the top responsibilities our residents' task us with. It is not in their interest, or ours to see "Open for Business zoning put in place." HVPOA Board of Directors Position Our position is balanced. We support economic growth and agree with the intention of this bill to encourage business growth in Ontario. However, using even an improved, heavy-handed "Open for Business" zoning by-law in and around growth settlement areas like Horseshoe Valley, sensitive areas like the Oro Moraine, Lake Simcoe, and prime agricultural lands is unacceptable. Only a site-specific application of such an "Open for Business zoning bylaw", that is tailored to include all environmental protections and is applied in limited areas, such as in intensive industrial/commercial zones, away from residential and sensitive areas should be considered for use in Oro-Medonte. Bill 66 is complex and impacts a wide range of existing Acts. If you want to read the bill click the following link however we urge you to search the internet for various reports and other townships' perspectives on this Bill 66 proposal. https://www.ola.org/en/legislative-business/bills/parliament-42/session-1 /bill -66 The provincial government is moving quickly on passing Bill 66. As a result, we fully expect Bill 66 will be on the January 9, 2019 Oro-Medonte Council agenda and that Township staff are currently preparing their recommendation for Council. Page 5 of 18 5.a) Correspondence dated December 18, 2018 from Horseshoe Valley Proper... HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION ,dAt Helping to make Horseshoe Valley an even better place to live Next Steps We encourage residents of Horseshoe Valley and Oro-Medonte to do the research, find out as much as you can. Let the Mayor, Town Council and the province know your opinion and concerns Email Oro-Medonte (before January 9, 2019) Town Clerk: kway@oro-medonte.ca Oro-Medonte Town Councillors: council@oro-medonte.ca Mayor Hughes: harry. hughes@oro-medonte.ca Email the Provincial Government (before January 20, 20191 Ministry of Economic Development: https://www.ontario.ca/feedback/contact- us?id=24865&nid=72712 Ministry of Municipal Affairs: http://www.mah.gov.on.ca/Page703O.aspx Environmental Registry at https://ero.ontario.ca/ 3 Page 6 of 18 5.b) Correspondence dated December 19, 2018 from Claire Malcolmson, Exec... 1 A.NU RRHx&LUFATE AGI :t+E III It rUTURZ Simcoe County Greenbelt Coalition December 19, 2018 Mayor Hughes and Council Township of Oro Medonte 148 Line 7 South Oro Medonte LOL2EO Dear Mayor Hughes and Council, RE: Bill 66, Restoring Ontario's Competitiveness Act The Rescue Lake Simcoe Coalition represents 17 local groups of citizens who are concerned about the health of Lake Simcoe. The Simcoe County Greenbelt Coalition represents 35 groups from across Simcoe County and the province including ratepayers, naturalists, indigenous communities and climate advocates who want to create a more prosperous Simcoe County through protection of our water, green spaces and sustainable development. Recently, the provincial government tabled Bill 66, Restoring Ontario's Competitiveness Act. This bill would enable municipalities to pass an Open for Business Bylaw which would remove key protective policies for our water, farmland and green spaces in favour of expediently processing development applications which may create employment opportunities. These policies which are under attack are not small, insignificant pieces of legislation. Rather they are keystone policies that keep our water clean and safe to drink, including the Clean Water Act, the Lake Simcoe Protection Plan and the Great Lakes Protection Act. Our coalitions stand behind these protective policies and their implementation because we know that local economies and the public's health rely on them. For example, Lake Simcoe contributes $200 M per year to its regional economy. The Clean Water Act, which was a direct to the tragedies in Walkerton, ensures that drinking water sources for Ontarians are free from contamination. We appreciate the need for economic opportunities, but we strongly believe that economic opportunities do not have to come at the expense of our drinking water, lakes or green spaces. And some of your fellow mayors agree with us on that point. On Thursday December 13th, the Mayor of Barrie, Jeff Lehman, added his name to the growing list of Mayors who have criticized Bill 66. The Mayors of Hamilton. Burlington, Halton Hills, Milton, Aurora, Oakville and Guelph Page 7 of 18 5.b) Correspondence dated December 19, 2018 from Claire Malcolmson, Exec... have also come out against Bill 66. These mayors appreciate the need to protect public health and understand their economies depend on a healthy environment. Many citizens are very concerned about Bill 66. They want to hear that their councils believe community development and protection of our environment can coexist and be mutually supportive. To learn more about Bill 66 see the Canadian Environmental Law Association's briefing document at : http://www.cela.ca/sites/cela.ca/files/CELABriefin.eNote-Bi1166andCWA.pdf Today, we are calling on all municipal councils in the Lake Simcoe watershed, and in Simcoe County, to reassure those citizens that their water and green spaces won't be sacrificed. We respectfully ask that your council put safety and good regulation first and publicly commit not to use Bill 66. To that end, we enclose an example motion which could be considered by your council. We would appreciate notification of any actions taken by Council regarding Bill 66. Sincerely, Claire Malcolmson Executive Director, Rescue Lake Simcoe Coalition rescuelakesimcoecoaIition@gmail.com Margaret Prophet Executive Director, Simcoe County Greenbelt Coalition margaret@simcoecountygreenbelt.ca Page 8 of 18 5.b) Correspondence dated December 19, 2018 from Claire Malcolmson, Exec... Keeping XX open for business without jeopardizing safe drinking water and other environmental protections. WHEREAS, the Government of Ontario has introduced Bill 66, An Act to restore Ontario's competitiveness by amending or repealing certain Acts; and WHEREAS, Schedule 10 of Bill 66 would amend the Planning Act to allow municipalities to pass "open -for -business planning by-laws"; and WHEREAS Bill 66 would allow open -for -business planning by-laws to override important planning, drinking water, agricultural and other environmental protections contained in the Clean Water Act, 2006, the Provincial Policy Statement, and other provincial policies, plans, and legislation; and WHEREAS, the content Bill 66 was never discussed with XX residents in either the recent provincial or municipal elections; and WHEREAS no notice or public hearing is required prior to the passing of an open -for -business planning by-law nor any appeals rights thereafter; and WHEREAS, protections included in the Clean Water Act, 2006 and in the corresponding approved XX Source Protection Plan are critical to the health of XX residents; THEREFORE BE IT RESOLVED, THAT the Town/City of XX opposes Schedule 10 of Bill 66, An Act to restore Ontario's competitiveness by amending or repealing certain Acts and calls for its removal from the Bill; and THAT notwithstanding the future adoption of Bill 66, the Town/City of xx will not exercise the powers granted to it in Schedule 10 or any successor sections or schedules to pass open -for -business planning by-laws for the duration of this term of office; THAT this resolution be distributed to: the leaders of all parties represented in the Legislature; the Minister of Municipal Affairs and Housing; the Minister of the Environment, Conservation and Parks; and the Association of Municipalities of Ontario. THAT Bill 66 does not represent how the people of XX want to do business Page 9 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... Township of Report Proud Heritage, Exciting Future Report No. To: Special Council Prepared By: DS2019-003 Andy Karaiskakis, Senior Planner and Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # January 16, 2019 Bill 66, Restoring Ontario's Competitiveness Act and Proposed Open -for -Business Planning By-law (OFB-ZBL) Roll #: nla R.M.S. File #: Li 1 56153 Recommendation(s): Requires Action For Information Only I It is recommended: 1. That Report No. DS2019-003 be received and adopted; 2. That Council authorize Planning staff to submit the comments as outlined in Report DS2019-003 through the Environmental Registry (013-4125) as the Township's submission on the Provincial Consultation on the proposed Open - For -Business Planning Tool; and 3. That Staff be directed to prepare for the Development Services Committee's consideration a protocol for consideration of development in context to an OFB- ZBL. Background/Analysis: Background On December 6, 2018, the Province announced that Bill 66, Restoring Ontario's Competitiveness Act, 2018, had undergone first reading by the Legislature. If it becomes law, Bill 66 will introduce numerous amendments to a wide variety of statutes, including the Planning Act, Clean Water Act, Lake Simcoe Protection Act and other provincial statutes. Among the most notable changes are those proposed in Schedule 10 of the Bill, which would introduce significant amendments to the Planning Act to create a new economic development tool, caller{ an "open -for -business planning by-law" (OFB-ZBL). The government is proposing this too[ to be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites by allowing a new major employment use to be permitted in a location where Township, County, or Provincial planning policies and by-laws would not otherwise Development Services January 16, 2019 Report No. DS2019-003 Page 1 of 8 Page 10 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... permit the employment use. This OFB-ZBL represents a new zoning power for municipalities. The by-law would only be available to the municipality if a proposed development qualifies as a new major employment use which creates 50 or more jobs for those municipalities with populations under 250,000 (which would be applicable to Oro-Medonte) or 100 or more jobs in larger municipalities. It appears that the Province's proposed open -for -business planning tool is not intended to allow a municipality to pass a single, blanket by-law to permit all eligible employment uses. Rather, it appears that the tool is intended to be applied on a case-by-case basis to allow municipalities to consider and pass individual OFB-ZBLs for individual new major employment development proposals. The Ministry of Municipal Affairs and Housing (MMAH) has posted to the Environmental Registry a notice for a proposed amendment to the Planning Act and a proposed regulation under the Planning Act related to the proposed open -for -business planning tool, a copy of which is appended to this report as Attachment #1. The comment period for this proposal closes on January 20, 2019. Process In order to pass an OFB-ZBL, a municipal Council must first pass a resolution requesting that the Minister of Municipal Affairs and Housing approve the OFB-ZBL. A municipality's request to the Minister would need to be accompanied by information such as a description of the subject lands, land use planning information, details about the proposed new major employment use and presumably a justification for the request, including evidence that the proposal would meet the minimum job creation threshold. The tool also replaces the requirement for site plan approval, with a seemingly streamlined approach to approval of the detailed development plans. No public consultation is required for the by-law and no appeals to the Local Planning Appeal Tribunal are permitted. Certain provisions of the Planning Act and other Acts that would ordinarily apply to a by- law passed under Section 34 would not apply to an open -for -business planning by-law. If a request is endorsed, the municipality could pass an open -for -business planning by- law through a streamlined process. This process would: • allow municipalities to permit the use (i.e., zone the lands) without having to strictly adhere to existing local requirements (e.g., official plan and zoning); • remove the application of a separate approval process for site plan control; • remove the ability to use density bonusing (community benefits in exchange for height or density) and holding by-law provisions; • allow the municipality to impose limited planning -related conditions that may help to facilitate the proposal [e.g., approval of plans and drawings that show site plan matters (transportation access, lighting, parking, etc.)] and enter into agreements to ensure development conditions are secured; • allow public consultation at the discretion of the municipality, while requiring public notice after the by-law is passed (at a minimum); Development Services January 16, 2019 Report No. DS2019-003 Page 2 of 8 Page 11 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... provide that decisions are final and cannot be appealed to the Local Planning Appeal Tribunal (but allow the Minister of Municipal Affairs and Housing to intervene before the by-law comes into effect, 20 days after its passing); and, remove the requirement for decisions to strictly adhere to provincial policies and provincial plans (but allow the Minister of Municipal Affairs and Housing to impose conditions to protect matters like public health and safety when endorsing the use of the tool). An open -for -business planning by-law comes into effect 20 days after it is passed, or alternatively, on such later day as may be specified by the Minister. Unlike other zoning by-laws, a municipality is not required to give notice of or hold a public meeting prior to passing an open -for -business planning by-law. After passing an open -for -business planning by-law, the municipality must give notice of the passing of the open -for - business planning by-law to the Minister within three days, and to "any persons or public bodies the municipality considers proper" within 30 days. The proposed legislative changes would create regulation -making authority to provide criteria for the use of the proposed new tool. Planning Considerations Bill 66 is unique as it would provide municipalities with unprecedented and sweeping powers to pass by-laws (subject to Provincial approval) to permit new employment uses, without having to be consistent with/comply with/conform to the Provincial Policy Statement, Provincial Plans (e.g. Growth Plan for the Greater Golden Horseshoe 2017, Lake Simcoe Protection Plan), the County of Simcoe Official Plan, the Township of Oro- Medonte Official Plan, or the Township of Oro-Medonte Zoning By-law and certain sections of Provincial legislation (e.g. Clean Water Act 2006). Bill 66 also does not require public consultation in the development process and does not allow a decision to be appealed. The proposed tool seems similar to a Minister's Zoning Order which is a tool that is currently available in the Planning Act that allows the province to pass a by-law to restrict the use of land at the Minister's discretion. However, the difference is that the proposed tool would be passed by a local municipality (with Provincial approval) and would gather a site-specific zoning by-law amendment and detailed site plan application into one open -for -business planning by-law approval. The process for application and implementation of the proposed open -for -business planning by-law tool is not clear at this time. Bill 66 would provide for a more flexible and timely local decision-making by eliminating the requirements for potentially lengthy consultation and appeal processes. While this may provide near -future economic benefits to the Township, it is Planning Staffs recommendation that any development proposal that might be considered by the Township under an OFB-ZBL should still be subjected to due diligence and technical review as it would under a regular planning application process, in order to ensure that the long-term health and prosperity of the Township is maintained. In other words, it is Planning Staff's view that a proposal should still be required to be accompanied up front by technical reports and information to support the development being proposed at a Development Services January 16, 2019 Report No. DS2019-003 Page 3 of 8 Page 12 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... specific location (e.g. functional servicing, stormwater management, traffic and transportation, environmental impacts (natural features, surface and ground water), hazards (flooding and erosion, slope/soil stability), archaeological resources, land use (compatibility with surrounding land uses, impacts on agriculture and economic impact analysis) for review by the Township. However, not every development proposal may require all such studies. It is through the due diligence process where an applicant is advised of the nature and scope of any study, report or plan dependent on the size of the proposal and its relationship to adjacent land uses and features. Planning Staff would also encourage the Township to undertake some level of public and agency consultation before passing a OFB-ZBL. Planning Staff's position is that failure to undertake due diligence or consider the public's concerns in context to a proposed new major employment use could lead to land uses that put the Township's quality of life, prime agricultural lands, key hydrologic features and key natural heritage features including the Oro Moraine, source water protection areas and the Lake Simcoe watershed at risk. At this time, it is unclear how the proposed tool could balance the interest of economic development and long-term environmental and water protection in the Province. It is also unclear at this time how the Province will define a "major employment use" although it is assumed that this will follow the definitions of Employment Use found in the Provincial Policy Statement (2014) and the Growth Plan (2017) which follow traditional business and economic activities (manufacturing, offices, and warehousing) but would not provide for more tourism focused employment use that may be of benefit to the Township of Oro-Medonte. It is Planning Staff's opinion that there may be limited opportunities where Council may choose to use this new planning process as proposed. As currently proposed, a development proposal would be required to meet a minimum job creation threshold of 50 jobs for a municipality of less than 250,000 people. This puts Oro-Medonte in the same category as larger, more urban municipalities such as Town of Richmond Hill, City of Burlington and the Town of Oakville. The Province has not provided a category scaled to smaller, more rural municipalities, such as Oro- Medonte. It is Planning Staff's opinion that in the event that Bill 66 and its regulations come into effect, the Township would benefit from having its own, locally -developed protocol and procedures in place for the consideration of development in context to an OFB-ZBL. This would include details regarding the type of information and technical documents to be submitted to the Township for review as well as the type of public consultation process that would be undertaken by the Township. Financial / Legal Implications / Risk Management: There are no current implications as a result of adopting this report. There may be future implications (financial and legal) that would result from the implementation required to be completed by the Township of any of the legislated changes made by the Province. Development Services January 16, 2019 Report No. D52019-003 Page 4 of 8 Page 13 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Places to Grow Act, 2005 • Lake Simcoe Protection Act, 2015 • Clean Water Act, 2006 Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to the proposed legislated changes: Enhanced Communications & Customer Service — We demonstrate a culture of open communication and engagement that delivers on `customer come first'. Balanced Growth — We support business and job creation while protecting our natural environment. Inclusive, Healthy Community — We are a community that is safe, accessible and inclusive. Consultations: Director, Development Services Attachments: Attachment #1 — EBR Posting 013-4125 -- Proposed Open -Far -Business Planning Tool Conclusion: This report provides an information update for Council and staff in regard to Bill 66, Restoring Ontario's Competitiveness Act and a related proposed regulation under the Planning Act to permit "Open -far -Business Planning By-laws (OFB-ZBL)". Township Planning Staff remain supportive of planning decisions that promote economic growth, that protect agriculture, our water resources, natural heritage features and that provide a voice for the Township's residents in the development review process. As identified in this report, staff are of the opinion that use of the proposed by- law could lead to land uses that could put quality of life, agriculture, key natural heritage features and hey hydrologic features, including the Oro Moraine, source water protection areas and the Lake Simcoe watershed at risk without a locally -developed protocol being established. Development Services January 16, 2019 Report No. DS2019-003 Page 5 of 8 Page 14 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... On this basis, staff are recommending to Council that Planning Staff be authorized to submit comments on behalf of the Township through the EBR posting, and that these comments reflect the following: • Concerns that the proposal would not allow for consideration by a local municipality for tourism -based employment uses that are not the more traditionally defined employment uses; • Concerns that Bill 66 potentially puts quality of life, agriculture, source protection areas, key natural heritage features and hey hydrologic features at risk; and • Intent of the Township to develop its own municipal protocol for the consideration of an OFB-ZBL to ensure that the communities' interests remain protected in the context of good planning. Respectfully submitted: 4a Andy Karaiskakis, RPP Senior Planner Derek Witlib, RPP Manager, Planning Services SMT Approval / Comments: C.A.0. Approval / Comments: F(Z Development Services Report No. DS2019-003 January 16, 2019 Page 6 of 8 Page 15 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... Attachment #1 Environmental Registry Registre environnemental About the Registry Search How do I ...? MyEBR Act Proposal Notice: Title: Proposed Open -For -Business Planning Tool Proposal summary EBR Registry Number: 013- 4125 Ministry: Ministry of Municipal Affairs and Housing Date Proposal loaded to the Registry: December 06, 2018 The government is proposing to make changes to the Planning Act to create a new economic development tool, the open -for - business planning by-law. The tool would be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites. This notice Is available an the new EnyirgnMentalgig y of Ontario. Read this proposal and submit your comments on the new site. Keyword(s).- Land use planning Related Acts : Plan nin2 Act, R.S.O. 1990 45 days: submissions may be made between December 06, 2018 and Januay 20, 2019. Description of Act: The government is proposing to make changes to the Planning Act to create a new economic development tool, the open -for -business planning by-law. The tool would be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites. In circumstances where there are major employment and economic growth opportunities, municipalities could request to use an open -for -business planning by-law, provided certain criteria was satisfied. The tool would support the government's 1 -year service standard for provincial approvals related to these land use planning proposals. If a request is endorsed, the municipality could pass an open -for -business planning by-law through a streamlined process. This process would: . Allow municipalities to permit the use (i.e., zone the lands) without having to strictly adhere to existing local requirements (e.g., official plan and zoning); . Remove the application of a separate approval process for site plan control; • Remove ability to use density bonusing (community benefits in exchange for height or density) and holding by-law provisions; . Allow the municipality to impose limited planning -related conditions that may help to facilitate the proposal [e.g., approval of plans and drawings that show site plan matters (transportation access, fighting, parking, etc.)] and enter Into agreements to ensure development conditions are secured; . Allow public consultation at the discretion of the municipality, while requiring public notice after the by-law is passed (at a minimum); • Provide that decisions are final and cannot be appealed to the Local Planning Appeal Tribunal (but allow the Minister of Municipal Affairs and Housing to Intervene before the by-law comes into effect, 20 days after its passing); . Remove the requirement for decisions to strictly adhere to provincial policies and provincial plans (but allow the Minister of Municipal Affairs and Housing to impose conditions to protect matters like public health and safety when endorsing the use of the tool). Development Services Report No. DS2019-003 Contact: Ken Petersen Manager Ministry of Municipal Affairs and Housing Local Government and Planning Policy Division Provincial Planning Policy Branch 777 Bay Street Floor 13 Toronto ON M5G 2E5 Phone: (855) 776-8011 Additional Information: The following government offices have additional information regarding this Proposal. To arrange a viewing of these documents please call the Ministry Contact or the Office listed below. Provincial Planning Policy Branch 777 Bay Street Floor 13 Toronto ON M5G 2E5 Phone: (877) 711-8208 The documents linked below are provided for the purposes of January 16, 2019 Page 7 of 8 Page 16 of 18 f r.y Ontario :• Government of Ontario Sit© Map i rangai FAQs Links Contact Us Home EBR Registry Number: 013- 4125 Ministry: Ministry of Municipal Affairs and Housing Date Proposal loaded to the Registry: December 06, 2018 The government is proposing to make changes to the Planning Act to create a new economic development tool, the open -for - business planning by-law. The tool would be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites. This notice Is available an the new EnyirgnMentalgig y of Ontario. Read this proposal and submit your comments on the new site. Keyword(s).- Land use planning Related Acts : Plan nin2 Act, R.S.O. 1990 45 days: submissions may be made between December 06, 2018 and Januay 20, 2019. Description of Act: The government is proposing to make changes to the Planning Act to create a new economic development tool, the open -for -business planning by-law. The tool would be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites. In circumstances where there are major employment and economic growth opportunities, municipalities could request to use an open -for -business planning by-law, provided certain criteria was satisfied. The tool would support the government's 1 -year service standard for provincial approvals related to these land use planning proposals. If a request is endorsed, the municipality could pass an open -for -business planning by-law through a streamlined process. This process would: . Allow municipalities to permit the use (i.e., zone the lands) without having to strictly adhere to existing local requirements (e.g., official plan and zoning); . Remove the application of a separate approval process for site plan control; • Remove ability to use density bonusing (community benefits in exchange for height or density) and holding by-law provisions; . Allow the municipality to impose limited planning -related conditions that may help to facilitate the proposal [e.g., approval of plans and drawings that show site plan matters (transportation access, fighting, parking, etc.)] and enter Into agreements to ensure development conditions are secured; . Allow public consultation at the discretion of the municipality, while requiring public notice after the by-law is passed (at a minimum); • Provide that decisions are final and cannot be appealed to the Local Planning Appeal Tribunal (but allow the Minister of Municipal Affairs and Housing to Intervene before the by-law comes into effect, 20 days after its passing); . Remove the requirement for decisions to strictly adhere to provincial policies and provincial plans (but allow the Minister of Municipal Affairs and Housing to impose conditions to protect matters like public health and safety when endorsing the use of the tool). Development Services Report No. DS2019-003 Contact: Ken Petersen Manager Ministry of Municipal Affairs and Housing Local Government and Planning Policy Division Provincial Planning Policy Branch 777 Bay Street Floor 13 Toronto ON M5G 2E5 Phone: (855) 776-8011 Additional Information: The following government offices have additional information regarding this Proposal. To arrange a viewing of these documents please call the Ministry Contact or the Office listed below. Provincial Planning Policy Branch 777 Bay Street Floor 13 Toronto ON M5G 2E5 Phone: (877) 711-8208 The documents linked below are provided for the purposes of January 16, 2019 Page 7 of 8 Page 16 of 18 6.a) Report No. DS2019-3, Derek Witlib, Manager, Planning Services and A... The proposed legislative changes would create regulation -making authority to provide criteria for the use of the proposed new tool. Overall, the proposed changes would help ensure municipalities are equipped with the tools they need to quickly respond to emerging job creation opportunities. Purpose of Act: The proposed legislative changes would create regulation -making authority to provide criteria for the use of the proposed new tool. Overall, the proposed changes would help ensure municipalities are equipped with the tools they need to quickly respond to emerging job creation opportunities. Public Consultation: This proposal has been posted for a 45 day public review and comment period starting December 06, 2018. If you have any questions, or would like to submit your comments, please do so by January 20, 2019 to the individual listed under "Contact". On-line submission of comments on this proposal is not permitted. This notice is available on the new Environmental Registry of Ontario. Read this proposal and submit your comments on the new site. All comments received prior to January 20, 2019 will be considered as part of the decision- making process by the Ministry if they are submitted in writing and reference EBR Registry number 413-4125. Please Note: All comments and submissions received will become part of the public record. Comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal. Your personal information may be used in the decision making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario Ministries for use in the decision making process. Questions about this collection should be directed to the contact mentioned on the Proposal Notice page. Add Notice into My Watch List enhancing public consultation. All links will open in a new window 1. Planning Act 2. 013.4239 New Regulation under the Planni Jug__ Act for Qpen-for-Business Planning To of 3. Bill 66, Restoring Ontario's (Io nr ti iv ness Act, 2018 4. 013-4293 Bill 66, Restoring Ontario's Co mpelitiyepesrz Act, 22$ The materials on this web site are protected by Crown copyright. You may copy and re -distribute any of the Environmental Bill of Rights information on this web site provided that the contents remain unchanged and the source of the contents is clearly referenced. You are not permitted to alter or add to the contents. ONTARIOH!2ME I CONTACTS I HELP I SITE,��MAP j ERANQAa Ontario This site is maintained by the Government of Ontario, Canada. PRIVACY I IMPORTANT NOTICES Copyright information: ueen's_Printer ,fnf Ontario, 1994-2019 Development Services January 16, 2019 Report No. DS2019-003 Page 8 of 8 Page 17 of 18 8.a) By -Law No. 2019-008: Being a by-law to confirm the proceedings of t... The Corporation of the Township of Oro-Medonte By -Law No. 2019-008 Being a By -Law to Confirm the Proceedings of the Special Council Meeting held on Wednesday, January 16, 2019 Whereas Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; And Whereas The Council of The Corporation of the Township of Oro-Medonte deems it expedient that the proceedings at this Special Council Meeting be confirmed and adopted by By -Law; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the actions of the Council at its Special Council Meeting held on Wednesday, January 16, 2019, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. 3. That the Mayor/Chair and Clerk/Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by-law shall come into force and take effect on the final passing thereof. IMLBy-Law Read a First, Second and Third time, and Passed this 16th day of January, 2019. W 111W The Corporation of the Township of Oro-Medonte EN Mayor, H.S. Hughes Clerk, Karen Way Page 18 of 18