Applications under s. 39.2 of the Planning Act
On November 11, FCA sent a letter to Mayor Sutcliffe and City Council concerning the proposed delegation of authority to staff for minor zoning amendments, which was on the agenda of the November 13 2024 Council meeting. You will find explained therein in greater detail the position of the FCA on the matter. In summary, FCA asked that Council:
(1) Exclude from the category of minor zoning amendments changes to performance regulations, including increases in building height, and changes in use to group homes;
(2) Exclude City-initiated minor zoning amendment applications from the accelerated process
(3) Provide quick notification of receipt of minor zoning amendment applications by means beyond signage on the property
(4) Allow public delegations as part of the accelerated process by holding the mandatory public meeting as part of Council meetings
(5) Avoid differential treatment of residents based on where they live due to the choice of process made by ward councillors; and
(6) Either add a delegation provision in Schedule I of the Delegated Authority By-law 224-265 to create a delegation framework – thereby delegating to Managers of Development Review the power to pass a minor zoning by-law under the Planning Act – OR avoid calling the proposed process “Delegation of authority to staff for minor zoning amendments”, because there is no delegation of enactment authority involved in the proposed process.
The FCA hoped that Council would take action on these concerns before voting on the matter on November 13.