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Prepared for Council-in-Committee Report No. CDS-02-08 Agenda Date January 14, 2008 File No. 350313 Subject INTERIM CONTROL BYLAW FOR THE RIDGEWAY/THUNDERBAY NEIGHBOURHOOD Recommendations THAT an Interim Control By-law allowing Council to withhold new Draft Plan Approvals in the

Ridgeway/Thunderbay Neighbourhoods until a Neighbourhood Plan is completed and adopted be submitted to Council for consideration; and,

THAT the adoption of the above-noted Interim Control By-law be considered only in

conjunction with the securing of the appropriate staff resources as outlined in Report CDS-02-08 as part of the 2008 Budget Process.

Relation to Council’s 2007-2010 Corporate Strategic Plan Priority: Development and Land Use Goal: Development of Neighbourhood Plan Program Initiative: Insure Sound Development List of Stakeholders Residents of the Ridgeway/Thunderbay Neighbourhoods Potential Developers Prepared by: Original signed Joe Mrozek, Manager Development Approvals

Submitted by: Original signed R. Mostacci, MCIP, RPP Director, Community & Development Services

Approved by: Original signed Harry Schlange, MBA Chief Administrative Officer

Community & Development Services Page 2 of 5 Report No. CDS-02-08 Purpose of Report At the Council-in-Committee meeting of December 3rd, 2007 the following motion was approved:

“THAT staff be requested to prepare a report relative to the process of an Interim Control By-law to stop development in the Ridgeway/Thunderbay area until the Neighbourhood Plan is adopted”

This report outlines the process involved with respect to adopting an Interim Control By-law. Background The Interim Control provisions found in Section 38 of the Planning Act are intended to allow municipalities to control development in areas where they wish to review existing land use and development policies or where new policies are being developed. Sometimes municipalities may use an Interim Control By-law to deal with an emergent situation, however they are not restricted to this scenario. An Interim Control By-law essentially prevents or limits new development from taking place until such time as the completion of a planning study for the area to which it applies. The Bylaw must identify the purposes for which the lands affected by the Bylaw can be used in the interim and the provisions must conform to the Official Plan. Subsection 11(11)(e) of the Official Plan states that when Council has directed that a study or review of land use policies is to be undertaken in a defined area the Council may pass an Interim Control By-law pursuant to the provisions of Section 38 of the Planning Act to restrict the use of land, buildings or structures to those established by the Bylaw. The Interim Control By-law can regulate development for a period of up to one year from the passing of a By-law. The By-law can however be amended to allow for it to be extended by an additional year provided the total period does not extend beyond two years from the date of the passing of the original Interim Control By-law. Once the By-law ceases to be in effect, Council may not pass a further Interim Control By-law for the subject lands until a minimum period of 3 years has passed. Under Section 38 of the Planning Act no prior public notice or public hearing is required before to the passing of an Interim Control By-law. However, the Clerk must provide notice after the passing of the bylaw within 30 days as required by the regulations of the Planning Act. Any person or public body given notice can appeal the Interim Control By-law within 60 days of its passing. The Notice of Appeal must set out the objections to the By-law together with reasons to support the objection. Analysis

Community & Development Services Page 3 of 5 Report No. CDS-02-08 In response to concerns regarding the pace and nature of new development in the Ridgeway Neighbourhood expressed by residents in 2005, Council at its meeting of January 16th, 2006 passed the following motion: “THAT no new development applications received after the adoption of this

resolution associated with subdivisions in the Ridgeway/Thunderbay urban area be approved by Council as defined in Schedule A1 of the Draft Official Plan until the Ridgeway Thunderbay/ Neighbourhood Plan has been completed and approved by Council; and further

THAT the Ridgeway Thunderbay/ Neighbourhood Plan be embarked upon after the

completion of the Bridgeburg Neighbourhood Plan.” While this motion reflected Council’s intentions with respect to the approval of new development applications in the Ridgeway /Thunderbay Neighbourhood, the motion had no legislative basis pursuant to the Planning Act. When Council subsequently considered Report CDS-45-06 on June 12th, 2006 being an information report for Creekside Estates Draft Plan of Subdivision and Zoning By-law Amendment Applications, it approved the following motion: “THAT Staff be directed to accelerate immediately the completion of the Bridgeburg

Station Neighbourhood Plan and commencement of the Ridgeway/ Thunderbay Neighbourhood Plan despite recent staff shortages.”

At its meeting of August 14th, 2006, Council considered Report CDS-69-06 regarding the Town’s Neighbourhood Plan Program and approved the following recommendation: “THAT Report No. CDS-69-06 regarding the Neighbourhood Plan update – Crystal

Beach, Bridgeburg, Ridgeway /Thunderbay Neighbourhoods be received for information purposes and forwarded to the Bridgeburg Community Focus Group, the Bridgeburg BIA, and the Regional Planning and Development Department; and further

THAT Council hereby allocates the appropriate staff resources to immediately

commence with the Ridgeway /Thunderbay Plan as detailed in report CDS-69-06.”

Following the adoption of these recommendations, a contract position was filled to enable existing Planning Staff to work on the respective Neigbourhood Plans. As a result, work was initiated on the Ridgeway/Thunderbay Neighbourhood Plan with the commencement of Focus Group meetings and preliminary work on a background report. The Neighbourhood SWOT Analysis Report is attached as appendix to this Report. In order to meet budget challenges in 2007, Staff recommended and Council approved the elimination of this position. At that time, based on known workloads, Staff indicated that a very streamlined version (land use schedule with no policy or action items and limited

Community & Development Services Page 4 of 5 Report No. CDS-02-08 public input) of the Neighbourhood Plans could still be completed by year-end, 2007. This was not achievable in 2007 due to other unforeseen projects becoming priority such as; the length of Golf Course OMB Hearing, MNR & NPCA wetland and watershed regulation and issues, Regional Planning Review and substantial input on the Regional Growth Management Strategy, Input on the Provincial Growth Plan, Industrial Business Park Strategy coordination and industrial expansion opportunities, major proposals for the racetrack, Zooz and speedway, the volume of development approval applications and permits, a significant zoning housekeeping update, Bridgeburg Brownfield’s initiatives and Bay Beach/Crystal Beach projects including the Lobster House RFP, Parking Study and Development Permit System. In order to continue with the preparation of the Ridgeway/Thunderbay Neighbourhood Plan as well as the Town-wide Neighbourhood Planning Program, Planning Staff resources are needed to allow a Neighbourhood Planner to resume same. Neighbourhood Plans represent a proactive approach to addressing detailed development and design issues in advance of developer’s arrival and they promote efficient cost effective development of land use patterns. Neigbourhood Plans provide a venue for existing residents to be involved in the design of their community and give Council more control in implementing its land use objectives. Neighbourhood Planning is on going in nature and in order for the Town’s program to move forward in a meaningful and successful manner, it needs to be resourced appropriately. In this regard, the Director intends to bring present a full time staff requisition as part of the 2008 budget. Through an Interim Control By-law for Ridgeway/Thunderbay, Council could control a range of development approvals including new Draft Plan Approvals for Plans of Subdivision as well as others until such time as the Ridgeway/Thunderbay Neighbourhood Plan has been completed and approved by Council. These would have to be determined as part its terms. Staff cautions Council however, that the adoption of an Interim Control By-law for this purpose in the absence of the commensurate resource allocation to realize the completion of a Neighbourhood Plan in a timely fashion could be considered bad-faith and may be grounds for appeal. Financial/Staffing Implications As stated above, the Interim Control By-law to allow Council the power to defer new development approvals until a Neighbourhood Plan is completed should only be considered in conjunction with the establishment of staff resources. It is anticipated that the cost of a Planning Technician in the Community Planning and Development Services Department would be in the neighbourhood of $65,000 on an annual basis. Policies Affecting Proposal Section 38 of the Planning Act sets out the regulations and requirements for the passing of an Interim Control By-law. Section 11 of the Town’s current Official Plan as well as Section 13 of the Council Adopted Official Plan have policies relating to the preparation of

Community & Development Services Page 5 of 5 Report No. CDS-02-08 Neighbourhood Plans and criteria for the use of Interim Control By-laws. Both the current and new Official Plans support the use of an Interim Control By-law in this instance. Comments from Relevant Departments/Community and Corporate Partners The Director of Legal and Legislative Services has considered this matter and her comments are summarized as follows: The Planning Act provides for a 60-day appeal period of any Interim Control By-law. Developers in other municipalities have appealed the Interim Control By-laws to the OMB or proceeded through the Courts to quash all or part of a By-law in circumstances where they felt it was passed in bad faith or for improper purposes. The OMB has jurisdiction to hear appeals based on the merits of a municipality’s decision to pass an Interim Control By-law and whether it conforms to planning principles. With respect to the OMB review of Interim Control By-laws the following principles can be extracted. It is the Boards role on an appeal to determine whether the need for a bylaw is supported by legitimate planning rationale and is appropriate in the circumstances. The Board can balance the concerns of the public and the private developer in making that determination. The municipality must substantiate the planning rationale behind the By-law; it must conform to the Official Plan; and the authorized review must be carried out fairly and expeditiously. The OMB has allowed appeals against Interim Control By-laws where they concluded that the purpose was only to delay a proposed development. Alternatives None recommended. Conclusion As outlined in this Report staff support the implementation of the Interim Control Bylaw provisions of the Planning Act in this instance together with the necessary resources to ensure that the Neighbourhood Plan is completed in a timely manner. Attachments Appendix 1 - Location Map Appendix 2 - Ridgeway/Thunderbay SWOT Analysis

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-02-08 JANUARY 14, 2008