Belleville Planning Advisory Committee recommends council enable the delegation of minor rezonings

APPLICANT: City of Belleville

File No.: PLOZA20250138

The City of Belleville currently delegates some planning matters directly to Staff, such as site plan approval, certain elements of subdivision and condominium approval, and signing of consent (severance) certificates.

The Supporting People and Businesses Act or Bill 13 received royal assent on December 2, 2021, which included amendments to the Planning Act that broadened the scope of the delegation of powers. These Provincial changes to legislation aimed to reduce red tape and help streamline the planning process by providing new discretionary authority to delegate planning decisions for minor rezonings, subject to local Official Plan policies that define eligible matters.

Delegation does not alter any pubic notice, appeal rights, or any other statutory requirements. Furthermore, decisions of delegated matters must be consistent with the Provincial Planning Statement and conform (or not conflict) with provincial plans.

Initiative 7 of the HAP aims to streamline and enhance development approvals processes by expanding the permissions of delegated authority to include minor rezonings and minor variances.

In addition to matters that have already been delegated, and the proposed Official Plan Amendment to enable delegation of minor re-zonings, it is also possible for Council to enable the delegation of other matters such as minor variances, consents, final approval of subdivisions, condominium exemptions, pre-servicing, pre-grading and/or model home agreements, exemptions to part-lot control, and development agreements that may be necessary in relation to these delegated elements.

Staff prepared an application to amend the City’s Official Plan to establish enabling policy to allow delegation of authority for minor rezonings, in accordance with the requirements of the Planning Act. These amendments would modernize the Official Plan policies and enable greater efficiency in land use decisions.

Council may, by by-law, delegate its authority to make decisions with respect to the following types of zoning by-law amendments in
accordance with the provisions of the Planning Act:

• Removal of a holding “H” symbol to the satisfaction of the Chief Administrative Officer, Director of Engineering and Development Services, and/or their designate that provisions of the holding status have been met.
• authorizing the temporary use of land buildings or structures.
• amendments for the purposes of housekeeping the zoning by-law for the purpose of making clerical or other changes to assist in the interpretation of the Zoning By-law.
• amendments to the Zoning By-law which are minor in nature in accordance with the criteria set out in section 45(1) or
• 45(2)(a) of the Planning Act.
• removal of site-specific and area-wide Holding Overlays where the City is satisfied that there are no longer constraints or technical requirements;
• creation of new site-specific and area-wide Holding Overlays where a new constraint or technical requirement is identified;
• amendments to the zoning boundaries relating to environmental protection or hazards when updated information becomes available;
• amendments related to the severance of surplus farm dwellings;
• amendments required to bring site specific zones from former zoning by-laws that conform with this Plan into the new zoning bylaw; and
• for any site-specific exception that is carried forward into the new zoning by-law during its appeal period, amendments required to delete site specific exceptions in the event of an appeal under the former zoning by-law.