FEBRUARY 1, 2010 REPORT NO. CD2010-021 TO

DATE:
FEBRUARY 1, 2010
TO:
Chair & Members of the Committee of the Whole
FROM:
Ted Salisbury, General Manager,
Community Development Services
1.0
TYPE OF REPORT
2.0
TOPIC
3.0
2.1
Application:
2.2
Applicant:
2.3
Subject:
REPORT NO. CD2010-021
CONSENT ITEM
ITEM FOR CONSIDERATION
PRIVATE AND CONFIDENTIAL ITEM
[ ]
[x]
[ ]
Official Plan Amendment OP-13-09
Zoning By-law Amendment PZ-26-09
Corporation of the City of Brantford
Housekeeping Amendment Affecting “Crown Land/ Reserve”
RECOMMENDATION
A. THAT Official Plan Amendment Application OP-13-09, initiated by the City of
Brantford to identify as “Six Nations of the Grand River Territory”, lands
currently shown on Official Plan mapping as “Crown Land”, and to amend
associated policies as identified in Planning Staff Report No. CD2010-021 BE
APPROVED.
B. THAT the “Residential Area - Low Density” designation be extended to
capture two privately owned properties located immediately adjacent to
“Crown Land” which are within the jurisdiction of the City of Brantford.
C. THAT Zoning By-law Amendment PZ-26-09, initiated by the City of Brantford,
proposing that By-law No.160-90 be amended to identify as ‘Six Nations of
the Grand River Territory’, lands that are currently shown on Schedules as
‘Crown Land’, and as identified in Planning Staff Report No. CD2010-021 BE
APPROVED.
Report No. CD2010-021
February 1, 2010
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PURPOSE
This technical amendment addresses a request by the Six Nations for the City to
modify the Official Plan to identify three specific parcels of land as “Six Nations of
the Grand River Territory” instead of “Crown Land” as currently shown on Official
Plan mapping. A Location Map included in this Report as Appendix “B”
identifies the locations of the subject lands.
5.0
BACKGROUND
On December 15th, 2008, after considering Report No. CD-2008-210, Council
passed the following resolution:
That Staff be directed TO COMMENCE a housekeeping Official Plan Amendment to
address a request by Six Nations to exclude Crown Lands/ reserve from Official Plan
schedules and mapping.
This Report has been prepared in response to the resolution above.
The request made by Six Nations originated from the Province’s ‘duty to consult’
process with respect to the City’s Official Plan Amendment No. 125 (OPA 125).
The City completed an Official Plan Review program in 2006 and subsequently
prepared OPA No.125 to implement the results of the review. The Ministry of
Municipal Affairs, the approval authority of such amendments, consulted with the
Six Nations and Mississaugas of the New Credit prior to rendering a decision on
OPA No. 125.
The Province advised the City of a request made by Six Nations for the City to
amend its Official Plan to exclude “Crown Land” from the mapping. The request
relates to three parcels of land identified in the City’s Official Plan and Zoning Bylaw as “Crown Land” and as illustrated on the Location Map attached to this
Report (Appendix “B”). Council directed Planning Staff to address the matter by
way of a housekeeping amendment.
In May 2009, Policy Planning staff met with the Six Nations who clarified that the
subject lands should be explicitly identified in City documents as lands owned by
Six Nations. In a follow up letter dated June 2009 and which is attached to this
Report as Appendix “A”, Six Nations proposed wording to replace the existing
terminology in the Official Plan.
6.0
STRATEGIC PLAN CONTEXT
N/A
7.0
INPUT FROM OTHER SOURCES
Report No. CD2010-021
February 1, 2010
7.1
Page 3
City Departments and other Circulated Agencies
The City’s Legal Department revised the wording that Six Nations proposed to
replace the terminology in the Official Plan. Additional comments received from
other circulated departments and agencies have been incorporated as
appropriate into this Report and copies of their comments are attached as
Appendices “G-M”.
7.2
Public Response
The public notice was conducted in accordance with the City’s Alternative Notice
Procedures for technical or housekeeping revisions to the Official Plan and
Zoning By-law. Public notice was provided in a local newspaper in advance of
the public meeting. There were no public comments received.
7.3
Grand River Notification Area Input
Six Nations was provided a draft of this Report for their review. They noted some
grammatical errors and expressed satisfaction with the Report. Subsequently
notice was issued as part of the Grand River Notification Agreement, with no
response received to date.
Based on comments from the City’s Legal Department, this final Report
incorporates changes to the terminology proposed by Six Nations to replace the
wording in the Official Plan. Six Nations has been advised of this revision and no
response had been received at the time this Report was being finalized.
7.4
Confederacy
Notice was issued to representatives of the Confederacy, with no response
received to date.
8.0
ANALYSIS
8.1
Official Plan Considerations
Existing Land Use Designation –
“Crown Land”
Proposed Land Use Designation –
“Six Nations of the Grand River
Territory”
Report No. CD2010-021
February 1, 2010
Page 4
Appendix “C” to this Report is an extract from Schedule 1 – Land Use Plan of
the City of Brantford Official Plan identifying the subject lands. The lands are
currently shown as “Crown Land” and the following are associated policies:
Section 7.7 Crown Lands
7.7.1 Crown Lands shown on Schedule 1 – Land Use Plan comprise lands owned by
the Native Indian Reserve in accordance with the Federal legislation, and none of the
provisions of this Official Plan shall apply to Crown Lands.
7.7.2 Development of Crown Lands for uses compatible with the surrounding area will
be encouraged.
The proposed amendment would replace Section 7.7 Crown Lands with the
following wording:
Section 7.7
Six Nations of the Grand River Territory
Six Nations of the Grand River Territory lands shown on Schedule 1 – Land Use Plan
comprise some of the lands owned by the Six Nations of the Grand River Territory, and
none of the provisions of this Official Plan shall apply to the lands shown on Schedule 1.
As the subject lands are outside the jurisdiction of the City of Brantford, Planning
Staff are satisfied that approval of this application will not offend, nor result in
non-conformity, with the policies of the Official Plan. Appendix “D” illustrates
proposed changes to Schedule 1 – Land Use Plan. It is intended that similar
changes will be made to all applicable Official Plan Schedules.
Further, the amendment would also extend the “Residential Area - Low Density”
designation to two privately owned properties located immediately adjacent to
“Crown Land” (see Appendices “C” and “C-1”). The properties are under single
ownership and are in the jurisdiction of the City of Brantford. There is a small
structure located on 230 Birkett Lane and a single detached dwelling on 234
Birkett Lane. No changes are proposed to the Zoning Bylaw as the properties are
appropriately zoned (Residential Type 1 C – F-R1C). The owner of the properties
has been notified of the proposed change.
8.2
Zoning Considerations
Existing Zoning:
A small parcel is zoned “General Industrial (F-M2)”. No
zoning on lands identified as “Crown Land”.
Proposed Zoning: None. Lands to be identified as “Six Nations of the
Grand River Territory”
Appendix “E” to this Report, an extract from Zoning By-law No. 160-90
identifies the subject lands which also appear on several other Schedules in the
Report No. CD2010-021
February 1, 2010
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Zoning By-law. The majority of the subject lands are identified as “Crown Land”
but are not zoned.
The lands include a Road identified on Appendix “B” – Location Map as Parts 3
and 4. The Zoning By-law accurately identifies Part 4 as “Crown Land” but due to
a technical error, Part 3 is currently zoned “General Industrial (F-M2)”. The “FM2” zone also applies to lands on either side of the Road, which are privately
owned industrial properties. It is proposed that this amendment address the
technical error by deleting the F-M2 zone from Part 3 and identifying the parcel
as “Six Nations of the Grand River Territory”. Further, there is a 12.19 m (39.99
ft) property gap between the railway crossing and Part 4 of the Road which is
presently not shown on the Schedules. It is intended that this amendment would
also address the property gap on the applicable Zoning Bylaw and Official Plan
Schedules.
Appendix “F” illustrates the proposed changes to the Zoning By-law. It is
intended that similar changes will be made to all applicable Schedules.
The proposed amendment would add administrative clarity to the Zoning By-law
without changing its intent and is appropriate in light of the subject lands being
outside the corporate boundaries of the City of Brantford.
8.3
Provincial Policy
The Provincial Policy Statement, 2005 is silent with respect to this type of
proposal. Notwithstanding, the Ministry of Municipal Affairs and Housing
reviewed a draft of this Report and commented positively at the City’s efforts to
engage Six Nations to ensure that the amendment would be satisfactory to them
as well. Further, as the Six Nations’ request came to the City through the
Province, which approved the request, the City is merely following a Provincial
directive.
8.4
Places to Grow
N/A
8.5
Development Considerations
N/A
9.0
FINANCIAL IMPLICATIONS
There are no financial impacts that arise as a result of the proposed Amendment.
Report No. CD2010-021
February 1, 2010
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CONCLUSION
This application would implement a Provincial directive to modify the Official Plan
by identifying as “Six Nations of the Grand River Territory” lands currently
referred to as “Crown Land” on Official Plan mapping. The action necessitates
replacement of associated policies specifically Section 7.7. with wording to
articulate that the City’s Official Plan policies do not apply to the Six Nations of
the Grand River Territory lands identified in the Plan.
Further, it is recommended that the “Residential Area – Low Density” designation
be extended to capture two private properties located immediately adjacent to
“Crown Land”. The properties are within the jurisdiction of the City of Brantford
(230 and 234 Birkett Lane). The change will maintain the intent of the Official
Plan.
In keeping with the spirit of the amendment, it is recommended that the Zoning
By-law Schedules also be amended where applicable to reflect the change made
to the Official Plan.
The proposed amendment would add administrative clarity to the two documents
without changing the intent. By virtue of the lands being located outside the
jurisdiction of the City of Brantford, the proposal is considered appropriate and
Planning Staff recommend approval of this application.
________________
Barbara Mugabe, MCIP, RPP
Policy Planner
Community Development Services
_____________
Ted Salisbury, MCIP, RPP,
General Manager
Community Development Services
_____________________
Matt Reniers, MCIP, RPP
Director Policy Planning
Community Development Services
Appendix A – Letter from Lonny C. Bomberry, Director Six Nations Lands and
Resources dated June 26, 2009
Appendix B – Location Map
Appendix C – Official Plan Excerpt
Appendix C –1 – Official Plan Excerpt
Appendix D – Proposed Official Plan Excerpt
Appendix E – Key Map Schedule 2 – Zoning By-law
Appendix F – Proposed Kay Map Schedule 2- Zoning By-law
Report No. CD2010-021
February 1, 2010
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Appendix G - City of Brantford Current Planning Department Comments
Appendix H – City of Brantford Parks and Recreation Department Comments
Appendix I – City of Brantford Building Department Comments
Appendix J – City of Brantford Engineering Department Comments
Appendix K – Ministry of Municipal Affairs Comments
Appendix K – County of Brant Comments
Appendix M - Six Nations Lands and Resources Comments
In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section.
By-law required
[ x ] yes
[
Agreement(s) or other documents to be signed by Mayor and/or City Clerk
[
[ x ] no
] yes
] no
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APPENDIX A
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APPENDIX B
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APPENDIX C
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APPENDIX C-1
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APPENDIX D
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APPENDIX E
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APPENDIX F
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APPENDIX G
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APPENDIX H
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APPENDIX I
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APPENDIX J
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APPENDIX K
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APPENDIX L
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APPENDIX M