Changes to Processing Rezoning & Rezoning/Subdivision Applications

As part of ongoing efforts to improve the efficiency of processing applications, the City of Brandon Development Services Division will now be processing rezoning and rezoning/subdivision applications differently, where development agreements are required, to ensure fewer delays between second and third readings.
 
Old Method

• All rezoning applications requiring development agreements must pause between second and third readings for applicants to execute those development agreements
• Though most applicants promptly execute the agreements, enabling Council to give third reading (and subdivision approval where applicable) fairly promptly, there have been instances where lack of progress on the applicant’s side resulted in rezoning applications expiring or nearing expiration two years after first reading
• Council sometimes became confused when addressing long-delayed third readings, questioning why they were revisiting older rezoning applications, believing all outstanding matters were already addressed

 
New Method
Rezoning with Subdivision

• All development agreements to be tied to subdivision applications
• Unless there are sufficient objectors to a rezoning in accordance with The Planning Act, Council may consider second and third readings concurrently with the following conditions:
  • The by-law doesn’t come into force (zone change doesn’t occur) until registration of the associated subdivision application in the Brandon Land Titles Office
  • The by-law will be automatically repealed (rezoning dies) if subdivision is not registered within three years, unless the applicant applies for a deadline extension
• Applicants objecting to development agreements, or conditions in them, may still file an appeal under subdivision to the Municipal Board

Rezoning Only

• No change in process if applicant objects at a public hearing to a development agreement or conditions in the agreement, or there are sufficient objectors to a rezoning in accordance with The Planning Act
  • Council and City administration will wait after second reading in case applicant files an appeal to the Municipal Board, or there are sufficient second objections to refer the application to the Municipal Board
• Otherwise, Council may consider second and third readings concurrently with the following conditions:
  • The by-law doesn’t come into force (zone change doesn’t occur) until registration of the executed development agreement in the Brandon Land Titles Office
  • The by-law will be automatically repealed (rezoning dies) if the development agreement is not registered within one year

 
Anyone with questions on the new process may contact
Senior Planner Andrew Mok at 204-729-2115 or a.mok@brandon.ca.