Council Workshop on Intensification and Official Plan

Transcription

1 Council Workshop on Intensification and Official Plan Amendments

2 Council Workshop on Intensification and Official Plan Amendments The Staff Direction

3 Staff Direction SD Direct the General Manager of Development and Infrastructure and Director of Planning and Building: to convene a council workshop to establish a clear set of principles with respect to the deployment of intensificationin the City of Burlington.

4 Staff Direction SD The workshop will include a report on the number, circumstances, rationale, process, and general suitability Of amending plans in the period between comprehensive Official Plan Reviews.

5 Staff Direction SD It should also: address other considerations as deemed important by staff; and such principles should be defined within the context of all applicable laws and statutes and will lead to the development of a set of guidelines to be presented to and approved by Council for incorporation into the current comprehensive Official Plan Review.

6 Council Workshop on Intensification and Official Plan Amendments The Official Plan

7 The Planning Act The Official Plan An official plan shall contain, (a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and (b) such other matters as may be prescribed. Mandate A policy document directed at achieving goals and objectives Subject matter is broad but is directed towards the management of physical development (change)

8 The Planning Act The Official Plan An official plan may contain, (a) a description of the measures and procedures proposed to attain the objectives of the plan; (b) a description of the measures and procedures for informing and obtaining the views of the public in respect of a proposed amendment to the official plan or proposed revision of the plan or in respect of a proposed zoning by-law; and (c) such other matters as may be prescribed. Permissive how the objectives of the plan will be implemented may include a public engagement process for amendments of the plan and it implementing zoning bylaw

9 Council Workshop on Intensification and Official Plan Amendments Amending the Official Plan

10 The Planning Act: Enacting and Amending an Official Plan City initiated Official Plan and OPA s The process is the same whether for an OP or an OPA Process starts with public notice and consultation Draft Official Plan is prepared by staff and consultants as advice to council Presented to the public Revised as necessary and presented to council Council alters and/or approves Plan Provided to the Approval authority (unless exempt) Notice of approval Opportunity for appeals

11 The Planning Act: Enacting and Amending an Official Privately initiated Official Plan Amendments Application to amend the OP is made by person or public body Notice and public meeting required (unless council refuses to adopt) Complete application and fee Council approves or refuses either decision can be appealed If no decision is made by the approval authority within 180 days of receipt of a complete application, an appeal may be made

12 The Planning Act: Enacting and Amending an Official Appeals process Ontario Municipal Board (OMB) is the appeal body (CHB) Appeal may be initiated by person or public body or minister OMB manages the appeal and may use any combination of prehearing management, arbitration, adjudication, mediation Province may formally identify an interest in the hearing Issues are resolved by consent(withdrawal perhaps based on mediation) or by order of the Board (following adjudication) Decision of the Board is final subject to: Appeal of legal issues to courts No appeal of factual findings or other non-legal conclusions (unless the Minister has indicated an interest uncommon, but cabinet can essentially alter the decision)

13 Typical process Private application The Application Enquiry by proponent - Pre-consultation takes place Application is prepared or revised, completed and submitted with a fee The application is processed Circulated to other departments and agencies Notice (sign on property, newspaper and mailing) Neighborhood meeting public information session Commence review by staff (consultants, peer reviews, etc) The application Circulation, notice and initial public engagement Staff review, analysis, negotiation and report Council decision and approval authority decision Appeal opportunities

14 Typical process Private application Circulation, Notice and Initial engagement Circulated to agencies, departments technical reviewers Discussions with proponent based on comments by agencies, departments, the public and staff review If staff cannot support it, proponent has the opportunity to revise it Statutory public meeting and information report The application Circulation, notice and initial public engagement Staff review, analysis, negotiation and report Council decision and approval authority decision Appeal opportunities

15 Typical process Private application Staff review Report to Council Next steps - possible staff outcomes: Recommend approval - staff support the application Discussions take place that lead to an acceptable proposal Recommend refusal -no acceptable result Report accordingly to council in a recommendation report The application Circulation, notice and initial public engagement Staff review, analysis, negotiation and report Council decision and approval authority decision Appeal opportunities

16 Typical process Private application Council and Approval Authority Decision Council approves, amends, rejects advice of staff and makes a decision accordingly If council approves the proposed amendment to the OP, it proceeds to the approval authority (unless exempted) Decision by approval authority to confirm, alter or reject decision of council The application Circulation, notice and initial public engagement Staff review, analysis, negotiation and report Council decision and approval authority decision Appeal opportunities

17 Typical process Private application Appeal Opportunities of Approval Authority Decision Appeal by applicant of the rejection Appeal by applicant if no decision is made in 120 days Appeal by applicant or person or public body of the decision by the approval authority The application Circulation, notice and initial public engagement Staff review, analysis, negotiation and report Council decision and approval authority decision Appeal opportunities

18 Typical process Private application Matters that cannot be appealed No Appeal of the following private applications: Employment land conversion/re-designation Urban boundary expansions Second suite policies The application Circulation, notice and initial public engagement Staff review, analysis, negotiation and report Council decision and approval authority decision Appeal opportunities and final decision

19 Roles and Relationships Council and Staff Council Decision-makers for the municipal corporation; act on the advice of staff Exercise power (authority) within the limits of the law Represents the public will and defines the public interest Accountable to constituents and to conscience Decisions are subject to appeal Decision-maker of first instance to the OMB ( must have regard ) Staff Advisory: provides informed advice to council based on professional experience and judgment Role is one of influence rather than power Observes the public will and discerns the public interest Accountable to professional values and ethics provide independent professional advice Qualified expert to the OMB Evidence/policy based

20 Council Workshop on Intensification and Official Plan Amendments The Role of the Province

21 The Role of the Province The Planning Act Municipalities (and others) when dealing with their responsibilities under the Planning Act shall have regard to matters of provincial interest. All Planning decisions by council (or others), and all comments, submissions or advice affecting a planning matter : o Shall be consistentwith the Provincial Policy Statement (PPS) o Shall conformwith provincial plans (Greenbelt Plan, NEC, Places to Grow, Metrolinx Regional Transportation Plan)

22 The Provincial Policy Statement Principles Land is a finite non-renewable resource Sustainability requires that finite non-renewable resources be used efficiently (minimally) Efficient use of land resources requires: Infill of unused vacant spaces Redevelopment of underutilized and obsolete land uses Intensification greater density of use (more units of use per unit of space) Intensification : Makes more efficient use of infrastructure Reduces impacts (spatial footprint, energy use, impacts on green space/natural heritage/ rural/agricultural uses) Aligns with active transportation and supports transit

23 The Provincial Policy Statement Intensification: Policy Directions Based on efficient use of land as finite resource Promoted and encouraged Requires targets for intensification in new and redeveloped areas Must be accommodated and aligned with efficient use of utilities and services/infrastructure Aligned with transit as a supporting land use pattern Should take priority over low density, less efficient uses Must be included in housing policies, mixed use policies Must be aligned with urban and environmental design

24 The Provincial Policy Statement Definition: Intensification means the development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings.

25 The Provincial Policy Statement Residential intensification means intensification of a property, site or area which results in a net increase in residential units or accommodation and includes: a) redevelopment, including the redevelopment of brownfield sites; b) the development of vacant or underutilized lots within previously developed areas; c) infill development; d) the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and e) the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, second units and rooming houses.

26 The Provincial Growth Management Plan: Places to Grow

27 Places to Grow: The Provincial Growth Management Plan Applies to the Greater Golden Horseshoe Where and How to Grow smart growth Infrastructure to Support Growth Protecting What is Valuable Implementation and Interpretation

28 Places to Grow: The Provincial Growth Management Plan Principles and Policy Directions Intensification Smart Growth Compact urban form Efficient use of existing and planned infrastructure Investment in community infrastructure Affordability Integration of land use and transit Complete communities Protection of natural and cultural heritage Monitoring and Public Engagement

29 Places to Grow: The Provincial Growth Management Plan Where and How to Grow - Intensification Intensification as defined by the PPS Growth forecasts (Schedule 3, Halton ,000 people and 390,000 jobs) General intensification % of growth with the built boundary Urban Growth Centres (Burlington UGC target: 200 persons or job/hectare) Major Transit Station Areas and Intensification Corridors Designated Greenfield areas (50 residents/jobs per hectare) Settlement area expansions and employment land conversion (municipal comprehensive review)

30 Halton Region Intensification Policies 72(2) Support a form of growth that is compact, transit supportive, makes efficient use of spaces and services 72(6) Urban structure that supports the development of intensification areas 72(9) Facilitate and promote intensification and increased densities 77(2.1) Direct a minimum of 40 percent of new development to the built-up area 77(2.2) Annual intensification monitoring report 77(5) Prepare local plans for major growth areas including intensification areas

31 Official Plan Amendments in Burlington (see additional handouts)

32 Intensification, the City of Burlington Official Plan and Official Plan Amendments Summary findings Analysis of Official Plan Amendments since 1996 (total 94*) City initiated (28-30%) vs privately initiated (66 70%) Number of city initiated residential intensification projects privately initiated residential intensifications 2 residential de-intensifications 24 re-designations to commercial uses or additions of commercial uses Miscellaneous (housekeeping) amendments 6

33 Intensification, the City of Burlington Official Plan and Official Plan Amendments Summary findings Privately Initiated (n=66): 2 Residential de-intensifications 24 Re-designations to or additions of commercial uses 5 Re-designations from employment 6 Miscellaneous/technical amendments 29 (31%) Residential intensifications

34 Intensification, the City of Burlington Official Plan and Official Plan Amendments Summary findings WARD TOTAL PRIVATELY INITIATED AMENDMENTS TOTALPRIVATELY INITIATED RESIDENTIAL INTENSIFICATION AMENDMENTS TOTAL 66 29

35 Intensification, the Official Plan and Official Plan Amendments Residential OPA s Approved Refused Revised Staff Council Supported Staff Council 28 1 Opposed Staff Appealed Approved Refused Revised Withdrawn OMB

36 Why do we change the OP between OP Reviews? Staff understands that the public regards an Official Plan as a promise and when we change it we appear to break a promise Changing the Official Plan frequently or capriciously may seem like it is not a serious or meaningful document the official suggestion How can you trust what the plan says if it is open to amendments? How can you trust the planners who don t stand by their plans? Is the process corrupted?

37 Why do we change the OP between OP Reviews? Why do we even accept the applications? Why can t we just say we won t? We can t prohibit applications or fail to accept them or simply ignore them These are all forms of indecision Indecision is effectively a refusal A refusal is appealable

38 Why do we change the OP between OP Reviews? Why don t we have a policy that says we won t change the plan between comprehensive reviews? An OP policy that prohibits OPA s can itself be appealed or it can be amended (by private application) and if we refuse the amendment, the refusal can be appealed

39 Why do we change the OP between OP Reviews? We don t write perfect plans -the necessity for course correction We cannot foresee every eventuality if a proposal is as good or better should we mechanically say no to any change to the Official Plan? The OPA provides us with the discretion to do good The OPA provides us with the discretion to do good or to do as good as the policy would have achieved

40 Why do we change the OP between OP Reviews? Unwise to tie your hands without an escape or to fetter the discretion of council Need the opportunity to add refinement that could not be done when the initial policy designation was established

41 Why do we change the OP between OP Reviews? Responding to unknowns We don t own the land land owners and developer pursue land use changes that are in their interest We don t know the details of a proposal until those details are revealed in an application So... we make conservative or protective designations that are expected to be revised

42 Why do we change the OP between OP Reviews? The Planning Act and common practice encourages the use of OPA s and zoning amendments as a means of development control: Ensuring a higher level of scrutiny -studies and details can be required Creating the opportunity for meaningful public engagement Changing the OP requires due process and is done in a transparent context of rules and policies it is not arbitrary and, in the context of the city as a whole, it is not frequent

43 ... to establish a clear set of principles with respect to the deployment of intensificationin the City of Burlington...

44 Existing OP Intensification Criteria/Guidelines The City of Burlington has had principles for judging intensification as Official Plan policy since OPA 55 (2006) Objectives Encourage intensification to increase housing stock Identify areas for intensification at the periphery of existing residential neighbourhoods for non-ground oriented housing

45 Existing OP Intensification Criteria/Guidelines Intensification Criteria (i) adequate municipal services to accommodate the increased demands are provided, including such services as water, wastewater and storm sewers, school accommodation and parkland; (ii) off-street parking is adequate; (iii) the capacity of the municipal transportation system can accommodate any increased traffic flows, and the orientation of ingress and egress and potential increased traffic volumes to multi-purpose, minor and major arterial roads and collector streets rather than local residential streets

46 Existing OP Intensification Criteria/Guidelines Intensification Criteria (iv) the proposal is in proximity to existing or future transit facilities; (v) compatibilityis achieved with the existing neighbourhood character in terms of scale, massing, height, siting, setbacks, coverage, parking and amenity area so that a transition between existing and proposed buildings is provided; (vi) effects on existing vegetation are minimized, and appropriate compensation is provided for significant loss of vegetation, if necessary to assist in maintaining neighbourhood character;

47 Existing OP Intensification Criteria/Guidelines Intensification Criteria (vii) significant sun-shadowingfor extended periods on adjacent properties, particularly outdoor amenity areas, is at an acceptable level; (viii) accessibility exists to community services and other neighbourhood conveniences such as community centres, neighbourhood shopping centres and health care; (ix)significant sun-shadowingfor extended periods on adjacent properties, (ix) capability exists to provide adequate buffering and other measures to minimize any identified impacts;

48 Existing OP Intensification Criteria/Guidelines Intensification Criteria (x) where intensification potential exists on more than one adjacent property, any re-development proposals on an individual property shall demonstrate that future re-development on adjacent properties will not be compromised, and this may require the submission of a tertiary plan, where appropriate; (xi) natural and cultural heritage features and areas of natural hazard are protected; (xii) where applicable, there is consideration of the policies of Part II, Subsection , g) and m); and

49 Existing OP Intensification Criteria/Guidelines Intensification Criteria (xiii) proposals for non-ground oriented housing intensification shall be permitted only at the periphery of existing residential neighbourhoods on properties abutting, and having direct vehicular access to, major arterial, minor arterial or multi-purpose arterial roads and only provided that the built form, scale and profile of development is well integrated with the existing neighbourhood so that a transition between existing and proposed residential buildings is provided.

50 Existing OP Intensification Criteria/Guidelines Hard services (water and sanitary) Off-street parking Transportation system Existing or future transit Compatibility Vegetation impacts Sun-shadowing Community services and neighbourhood conveniences Buffering to minimize impacts Accommodating future development Natural and cultural heritage features and natural hazards Storm drainage, conservation authority setbacks Periphery of existing neighbourhoods Access to arterial roads

51 Existing OP Intensification Criteria/Guidelines Further Requirements for Intensification Planning justification report addressing compatibility and proposing any further criteria or considerations and any further study and mitigation beyond the existing criteria Expanded consultation additional public engagement as deemed necessary Adoption of height guidelines to ensure the proposed height is compatible with existing buildings in the neighbourhood

52 Compatibility Does not mean the same as... My dictionary: consistent; able to coexist; mutually tolerant

53 Compatibility City of Burlington Official Plan Development or re-development that is capable of co-existing in harmony with, and that will not have an undue physical (including form) or functional adverse impact on, existing or proposed development in the area or pose an unacceptable risk to environmental and/or human health. Compatibility should be evaluated in accordance with measurable/objective standards where they exist, based on criteria such as aesthetics, noise, vibration, dust, odours, traffic, safety and sun-shadowing, and the potential for serious adverse health impacts on humans or animals.

54 Compatibility City of Burlington Official Plan co-existing in harmony will not have an undue adverse impact on existing or proposed development in the area physical (including form) impact functional impact or pose an unacceptable risk to environmental and/or human health

55 Discussion