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Official Plan Amendment and Zoning By-law Amendment (PLAN)

An Official Plan is a statutory document that sets out land use policies to guide future development and manage growth in the City of Markham. If an applicant proposes to develop a property differently than what the Official Plan prescribes, they must apply for an amendment to the Official Plan.

Zoning By-laws regulate land use (residential, commercial, industrial, etc.) and development standards for building on a property (lot size, height, frontage, etc.). If an applicant proposes to develop a property differently than what the Zoning By-law(s) prescribes, they must apply for an amendment to the Zoning By-law (Rezoning).

Applications for Official Plan Amendment and Zoning Amendment can be applied for together under one Planning Project (PLAN) application.

The timing for a Council decision to be rendered for combined Official Plan and Zoning Amendment applications will take 120 days. The timing for Zoning Amendments only will take 90 days.

 

 

Pre-Application Consultation Meeting

A Pre-Application Consultation Meeting is required prior to submission of an application. At the Pre-Application Consultation Meeting, staff will scope the issues associated with a specific development proposal, including a proposed land use change, and identify the submission requirements for a complete application. Following the meeting, Staff will issue a Checklist identifying submission requirements.

Application Submission

The applicant submits the application via ePLAN with all the plans and documents identified in the Checklist. When received, the Development Technician will conduct a preliminary ‘Prescreen Review’ of the application to ensure that the required plans and documents have been successfully uploaded. The Development Technician will also ensure all submitted plans and documents meet the City’s ePLAN Submission Standards and the application fees have been determined and confirmed.

Note: The submission does not become an application with the benefit of a review timeline until it passes the City’s ‘Prescreen Review’ process and the application fees are paid.

For more information on how to submit a PLAN application, please refer to the following documents:

Complete Application Decision

Staff will review the application within 30 days, in accordance with the Planning Act requirements, to determine if it meets the requirements for a complete application or if additional information is required.

If deemed incomplete, the review process will stop until the Applicant provides all of the required information.

Application Circulation

Once the application has passed the City's prescreen review process, the Development Technician will prepare the circulation for the assigned Planner, which will be forwarded to internal and external agencies for review.

Posting of Notice Sign and Mailing of Notices

Applicants must follow the Development Notice Sign Protocols instructions found below.

Prior to the Development Notice Sign production, the File Planner must sign-off on the content and details of the sign provided by the applicant.

Sign Protocols

Templates

Declarations:

Within 15 days of the City's written confirmation of receiving the "complete" application(s), the applicant must provide proof of the Development Notice Sign installation.

Once scheduled, the Statutory Public Meeting Decal must be installed at least 20 days prior to the statutory Public Meeting. The Development Notice Signs(s) must remain on the property until a decision has been made by the City or the Ontario Land Tribunal.

The City will also mail the Statutory Public Meeting Notices to properties within 200 m of the subject property.

Statutory Public Meeting

A Public Meeting Information Report will be posted on the Current Planning Applications & Agendas page prior to the Public Meeting.

In accordance with the Planning Act, applications for Official Plan and Zoning By-law amendments require a statutory Public Meeting(s). The local Councillor may elect to host a Community Information Meeting, prior to the statutory Public Meeting.

Recommendation Report to Development Services Committee (DSC) Report and Decision

Staff will prepare a Recommendation Report with the amending Official Plan and Zoning By-law Amendments.

The DSC reviews and decides on the application and the Recommendation Report, prepared by Staff. If approved, the recommendation will be forwarded to Council for final approval.

Council Decision

When Council renders a decision, the City must issue a Notice of Decision within 15 days. After the issuance of the Notice of Decision, a party can appeal Council’s decision to the Tribunal within the 20-day appeal period stipulated in the Planning Act. If Council has approved the application and no appeal is submitted within the appeal period, the approval is deemed to be in effect. A similar appeal procedure is applied if Council refuses an application.