Fort Erie worried about urban sprawl
‘Municipal zoning orders should be used as the exception, not the rule,’ says town’s planner
Combined, the documents could result in significant changes to how planning decisions are made and appealed
Just one day after Fort Erie council opted not to lend its support to a local developer’s request for a minister’s zoning order (MZO) to have his property included within the urban boundary, the province changed the rules of the game.
And now, the town — and every municipality in the province — is working out how best to respond.
On April 10, the minister of municipal affairs and housing announced Bill 185, Cutting Red Tape to Build More Homes Act. It also released for public comment the draft of a new provincial planning statement, which replaces the existing 2020 statement and the growth plan for the Greater Golden Horseshoe.
Combined, the documents could result in significant changes to how planning decisions are made and appealed, and on April 22, Fort Erie council discussed a report from senior community planner Aaron Hair on the town’s response.
The town found changes it supports and those it does not.
Among the changes it supports is restricting third party appeals of official plan and zoning amendments, meaning neighbours would no longer be able to appeal council decisions to the Ontario Land Tribunal.
Hair’s report notes residents will still be involved in the decisionmaking process, but it would be prior to council approval. The report states the number of vexatious appeals are increasing, which adds significant costs and delays to developers.
However, another change allows private sector applications for urban boundary expansion to be appealed directly to the tribunal. Hair
said this reversal of policy from 2006 will encourage urban sprawl.
“As we all know, urban sprawl eats up environmental land, agricultural land, as well as what is has with it, is very high costs to service,” he said.
Hair said the town supported charges surrounding development charges, including revoking Bill 23’s five-year phase-in requirement, as well as allowing the cost of development charge background studies to be included as a capital cost when calculating the charge.
“These are important studies that help municipalities plan for growth in a sustainable and responsible manner,” he said.
When developers submit applications, there is currently a requirement for pre-consultation to review it so the process can be expedited. This would be voluntary under the proposed changes, which staff do not support.
However, Hair said the town could support the new framework for considering MZO changes, which he noted came the “very next day” after council dealt with an application under the current framework.
Hair said the town can support it because it outlines the submission requirements and public consultation, and it requires justification about why the typical planning process cannot be followed.
However, Hair said the typical process should be followed most of the time.
“Municipal zoning orders should be used as the exception, not the rule,” he said.
Council voted to have the mayor formally submit a response to the ministry on the town’s behalf outlining its position.