Report to: DEVELOPMENT SERVICES Date of Meeting: May 2, 2006

COMMITTEE

SUBJECT: Council Direction on Ontario Municipal Board appeals

PREPARED BY: Bob Boxma, Assistant Town Solicitor

RECOMMENDATION:

That Council direct Legal and other staff members to attend Ontario Municipal Board appeals in the following circumstances:

a) Council has adopted an Official Plan Amendment and it is appealed;

b) Council has passed a zoning by-law amendment and it is appealed;

c) Council has refused to adopt an OPA or pass a zoning by-law amendment and the refusal is appealed;

d) the Town has appealed a decision of the Committee of Adjustment and the matter settles but a hearing is still required in order that new conditions can be added;

e) a Heritage designation by-law is appealed;

f) draft plan approval or site plan conditions are appealed.

In all other circumstances, staff will report to Council to obtain Council’s authorization to attend any other matter scheduled for hearing by the OMB.

The purpose of this report is to eliminate the necessity for staff to bring forward a Report to Council seeking authorization to attend the Ontario Municipal Board hearing each time an appeal is filed with the OMB in relation to the matters outlined above.

BACKGROUND:

Staff recommend that when Council makes a decision on Planning Act matters, as outlined above, it should be unnecessary to require Council to have to consider a further Report from staff requesting authorization to attend on the appeal each and every time appeals are taken on such matters. Council has “spoken” by the action it has taken on the Planning Act matter and the Town should always attend and be represented at the OMB on any such appeals that go to the Board. It will also save staff time and resources

OPTIONS/ DISCUSSION:

The adoption of this direction by Council is a time saver for both Council and staff. It also allows staff to start its preparation for the hearing as soon as the appeal is filed. This could entail working with other parties who support the position taken by Council and staff would have the necessary authorization to do that from the day that the appeal is filed. Council has “spoken” on the Planning Act matters by the action it has taken on them and it should be unnecessary to re-visit the issue once again when an appeal is taken to the OMB.

In circumstances where Council has not made a decision to refuse or adopt an OPA or zoning by-law amendment and that is appealed based on the passage of 180 days, staff would still prepare a report to obtain instructions on attendance at the OMB. This will also be the case on other matters which are scheduled for an OMB hearing and which have not been addressed by Council. Actions by or in adjacent municipalities for which Markham receives a Notice of Hearing would require a report to Council to seek its direction.

RECOMMENDED

BY: ________________________ ________________________

John Livey Catherine Conrad

CAO Town Solicitor

________________________

Commissioner of Development Services

FINANCIAL TEMPLATE (Separate Attachment):

ENVIRONMENTAL CONSIDERATIONS:

ACCESSIBILITY CONSIDERATIONS:

ENGAGE 21^ST CONSIDERATIONS:

BUSINESS UNITS CONSULTED AND AFFECTED:

Those who are recommending this direction by Council are those who are affected.

ATTACHMENTS: