May 12, 1998

To:North York Community Council

From:Bryan Tuckey

Acting Commissioner of Planning

Subject:Notice Provisions for Official Plan Amendments

UD03-HOP

ALL WARDS

Purpose:

The purpose of this report is to recommend that a minimum of twenty days notice be given for all public meetings to consider official plan amendments. The alternative notice procedure in the Official Plan should be amended to permit a notice period of twenty days for Aold@ Planning Act applications, and to permit current applications submitted under Bill 20 to proceed with the statutory twenty day notice period.

Recommendations:

It is recommended that:

(1)that notice be given for a statutory public meeting to consider an amendment to the Official Plan to revise the Alternative Notice Procedure as described in this report.

 Discussion:

 The minimum notice period for public meetings to consider official plan amendments has been shortened from thirty days to twenty days under the new Planning Act (the Land Use Planning and Protection Act, 1996, or Bill 20). This change in the legislation allows official plan amendments and associated zoning by-laws to be dealt with concurrently with twenty days notice.

 The number of active applications on file for official plan amendments, and the minimum notice periods under the three versions of the Planning Act are shown in the following table:

Table 1Minimum Notice Periods for North York Official Plan Amendment Applications

 The Aold@ Planning Act required a minimum of thirty days notice for public meetings to consider official plan amendments. North York adopted an Alternative Notice Procedure under the Aold@ Act, requiring (a) a minimum of twenty-eight days notice for most applications, and (b) a minimum of thirty days notice in the case of secondary plans, major amendments or applications, and Downtown/Uptown applications (refer to Appendix 1).

 A number of changes in recent years support revising the alternative notice procedure to allow for twenty days notice as set out in the new Planning Act. There have been significant changes in the way we do our business. Preconsultation, community consultation meetings and preliminary evaluation reports have become the norm for processing amendments. This provides ample opportunity for the public to be notified and to participate in the review of an application before a statutory public meeting is held.

 The North York Planning Committee met every two weeks. The present Community Council operates on a four week meeting cycle which does not work well with a thirty day notice requirement. A twenty day notice period, consistent with the new Planning Act, meshes well with the new meeting cycle and contributes to on-going streamlining efforts.

 Three of the former cities in Toronto have alternative notice provisions in their official plans (refer to Appendix 2). The North York and Etobicoke policies require more notice than the twenty days prescribed by the current Planning Act; East York requires twenty days notice. The other three former cities give notice in accordance with the applicable version of the Planning Act. Amending the Alternative Notice Procedure in the North York Official Plan to permit a notice period of twenty days in accordance with the current Planning Act will allow us to harmonize our normal practice for new applications with that used by four of the other five former cities.

 Conclusions:

 Extensive preconsultation takes place before public meetings are held to consider official plan amendments. It is recommended that Part A, Section 5, Alternative Notice Procedure, of the North York Official Plan be amended to permit a twenty day notice period for public meetings for all official plan amendments regardless of which Planning Act governs their processing (refer to Appendix 3). This notice period reflects the statutory requirement in the new Planning Act, complements the meeting cycle of the Community Council, and is consistent with the general practice throughout the rest of the new City of Toronto. The establishment of a consistent twenty day Alternative Notice Procedure in no way limits the Community Council=s ability to require an extended notice period under special circumstances where this is warranted.

Contact Name:Ruth Lambe, Senior Planner

Phone:395-7110

Fax:395-7155

Bryan Tuckey

ACTING COMMISSIONER OF PLANNING

  \reports\noticeop.2

Appendix 1

EXTRACT FROM THE NORTH YORK OFFICIAL PLAN

PART A, Section 5, ALTERNATIVE NOTICE PROCEDURE

APublic meetings to consider amendments to this Official Plan shall be held by Council not sooner than twenty-eight days after the giving of notice.

 In those instances where a Part D Secondary Plan is in effect, for major official plan amendments, all Downtown/Uptown development applications or for any other major development applications identified in staff reports to the Planning Advisory Committee, public meetings to consider amendments to this Official Plan shall be held by Council not sooner than thirty days after the giving of notice.@

 Appendix 2

 Table 2Notice Provisions of the Former Cities for Official Plan Amendments

 Appendix 3

 AMENDMENT NO. 462

TO THE OFFICIAL PLAN FOR THE

CITY OF NORTH YORK

PART ONE -- PREAMBLE

INTRODUCTION

This amendment consists of one item which is as follows:

ITEM 1amendment to Part A - THE CONCEPT PLAN

EFFECT OF THE AMENDMENT

The effect of this amendment is to amend Part A, Section 5, Alternative Notice Procedure. Notice of public meetings to consider official plan amendments will be a minimum of twenty days in accordance with the provisions of the Planning Act, 1996, even if the application were filed under the previous Planning Acts which required a thirty day notice.

PUBLIC MEETINGS

A public meeting was held by the North York Community Council on , 1998.

Council at its meeting on 1998, enacted By-law which authorized the submission of this Official Plan Amendment to the Minister of Municipal Affairs and Housing for approval.

PART TWO -- THE AMENDMENT

The following text constitutes Amendment No. 462 to the Official Plan of the City of North York.

ITEM 1:PART A - THE CONCEPT PLAN is hereby amended as follows:

Clause 1Section 5, ALTERNATIVE NOTICE PROCEDURE, is hereby amended to read as follows:

APublic meetings to consider amendments to this Official Plan shall be held by Council not sooner than twenty days after the giving of notice.@