Amending An Official Plan
QUESTIONS:
What is an Official Plan amendment?
How is an Official Plan amended?
How long does it take to amend an Official Plan?
ANSWERS:
What is an Official Plan amendment?
A: Sometimes due to new conditions in the community or a proposed development, an Official Plan may need to be changed or 'amended'. An Official Plan amendment is a By-Law passed by City Council. An amendment may seek to change the land use designation of a property and/or apply new policies to that property as part of a proposed development or expansion to an existing use that is not allowed under the existing Official Plan. An Official Plan amendment may also require other approvals before the development can take place such as a Zoning By-Law amendment. Although Official Plans must be approved by the Provincial Ministry of Municipal Affairs and Housing, City Council has been granted authority to approve Official Plan amendments. With Official Plan amendments, the applicant must be able to show City Council that the proposed development meets the City's long-term plans for the area and is compatible with surrounding land uses.
How is an Official Plan amended?
A: The process for amending an Official Plan is made up of the following 11 steps:
Step 1 - Consult with Planning & Development Staff:
You should discuss your plans with city planning staff at the planning & development
department before you submit the application. A planner will:
- Confirm whether an Official Plan amendment is necessary
- Provide initial comments on your proposed development
- Outline information that will be needed to support your application
- Confirm whether other approvals will also be required
The planner may also suggest that other city departments such as the engineering department and/or Utilities Kingston be consulted before you submit the application to determine if there are any development issues or concerns.
Step 2 - Submit the Application:
After you have consulted with city staff, you will need to submit the following to the
planning & development department:
- A completed 'Basic Application Form' and 'Application for Official Plan Amendment'
- A planning rationale that describes and justifies your proposed development (note that with major or complex developments, it is recommended that a professional planner be retained to prepare the planning rationale on your behalf)
- Application fee
Applications will not be accepted if incomplete or inaccurate information is provided. Once the application has been received, you will be sent a letter advising you of the planner who will be responsible for your application.
Step 3 - Application Review:
The planner will send out a notice to interested parties requesting to receive
notification that your application has been received. The application will also be
provided to other city departments and outside agencies for review and comment.
Step 4 - Public Meeting Report to the Planning Committee:
Once the application review is completed, it will be considered by the planning committee,
which is one of the standing committees of City Council. A public meeting report to the
planning committee will be prepared by the planner. This report will include a description
of the subject lands, a summary of the proposed development and an outline of the
regulations and policies that relate to the application such as those in the Official Plan
and the Provincial Policy Statement.
Step 5 - Notice of Public Meeting:
Once the public meeting report has been prepared, a statutory public meeting at the
planning committee needs to be scheduled to consider your application. This public meeting
will also consider other development approval requirements for your application, such as Zoning
By-Law amendments, should they be required. A 'Notice of Public Meeting' will be
posted on the City's website, published in the Kingston Whig Standard and Kingston This
Week as well as mailed to all property owners within 120 metres of the subject lands and
to other interested parties requesting to receive notification at least 20 days before the
meeting date. In addition to these notices and depending on the nature of your application,
you may also be required to install
signage on the subject lands that notifies the public about this meeting.
Step 6 - Public Meeting:
The planning committee typically meets on the third Thursday of every month. Public
meetings generally start at 6:30 p.m. and are held prior to the regular meeting of the
planning committee. At the public meeting, you or someone on your behalf will make a
presentation describing your proposed development and the reasons for the Official Plan
amendment. The planner will supply any additional information required as well as a brief
summary of the public meeting report. At this point any interested party may make written
submissions to the planning committee or appear before the committee to comment on your
application. Once all public input has been received, you will have an opportunity to
respond to the comments. After this, the public meeting will be closed.
Step 7 - Comprehensive Report to the Planning Committee:
The planner will collect all of the comments made at the public meeting and prepare a
comprehensive report. This report will include an analysis of the proposed development, a
discussion of the issues raised at the public meeting and a recommendation on whether your
application should be approved or rejected. If the comprehensive report recommends
approval of your application, a draft of the proposed By-Law to amend the Official Plan
will also be included.
Step 8 - Regular Meeting of the Planning Committee:
Based on the planner's comprehensive report and the comments made at the public meeting,
your application will be considered during a future regular meeting of the planning
committee. The planning committee will then prepare its recommendation to City Council to
approve your application with or without changes, reject your application or defer its
decision until additional information is received.
Step 9 - City Council Meeting:
During a City Council meeting, Council may adopt the planning committee's recommendation,
amend it, reject it or refer it back to the planning committee for further information. If
your application is approved by City Council, the By-Law to adopt the Official Plan
amendment will be given three readings at that City Council meeting.
Step 10 - Notice of Adoption:
After City Council approves an Official Plan amendment, a 'Notice of Adoption' will be
sent by the City Clerk within 15 days of Council's decision to all property owners within
120 metres of the subject lands and to any other interested parties requesting to receive
notification. This notice will include information on the By-Law to adopt the Official
Plan amendment and will provide a 20 day period within which an appeal of the By-Law may
be made to the Ontario Municipal Board. Any person with an interest in the matter may
appeal the decision of City Council to the Ontario Municipal Board.
Step 11 - Approval:
If no appeals to the By-Law are received, the city clerk will issue a declaration that no
appeals were filed and that the Official Plan amendment has come into effect. If the By-Law
is appealed to the Ontario Municipal Board, the final decision regarding approval or
rejection of your application will be made by the Board following a Municipal Board
Hearing.
How long does it take to amend an Official Plan?
A: After your application has been submitted, it will normally take between three and four months to process the application to the stage where a decision can be made by City Council. The approval process may be longer for applications that propose major developments, deal with complex supporting information or extensive public input or require additional development approvals such as a Zoning By-Law Amendment (note that if a Zoning By-Law Amendment is also required, there may be an opportunity for the City to deal with both the Official Plan Amendment and Zoning By-Law Amendment applications at the same time). If an application is appealed to the Ontario Municipal Board, the Municipal Board Hearing process may add four to six months to the approval procedure as well.
