Services Our Focus: Your Future

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1 Town of Fort Erie Services Community & Development Our Focus: Your Future Prepared for Council-in-Committee Agenda Date November 5, 2007 File No Subject REQUEST FOR PROPOSAL STREAMLINED DEVELOPMENT PERMIT SYSTEM CRYSTAL BEACH NEIGHBOURHOOD Summary of Recommendation THAT Council authorize Staff to issue a Request For Proposal for the Development Permit System for the Crystal Beach Neighbourhood, including an implementing Official Plan Amendment and implementing By-law, Regulations, and public consultation. Relation to Council s Corporate Strategic Plan Priorities A - Development and Land Use B - Economic and Business Development Goals and Initiatives A5 Continue to develop Neighbourhood Plans A5.3 - Implement components of neighbourhood plans that have no funding requirements B1 Increase employment opportunities within Fort Erie B1.1 Streamline permit systems List of Stakeholders Town of Fort Erie Ratepayers Residents of Crystal Beach Potential developers Friends of Crystal Beach Crystal Beach Business Improvement Area

2 Page 2 of 6 Prepared by: Original signed Submitted by: Original signed Approved by: Original Signed Tom Villella, MCIP, RPP Neighbourhood Planner Rino Mostacci, MCIP, RPP Director, Community & Development Services Harry Schlange, MBA Chief Administrative Officer

3 Page 3 of 6 Purpose of Report The purpose of this report is to request authorization from Council to proceed with a Request for Proposal to develop a Development Permit System (DPS) for the Crystal Beach Neighbourhood. The intent of the DPS is to provide the framework for accelerated planning approvals in Crystal Beach, in order to streamline redevelopment efforts in the community and to provide regulations for urban design and character for private and public property. Background Council adopted the Crystal Beach Neighbourhood Plan in 2005, which outlined a number of recommendations for community improvement and enhanced development opportunities. A key recommendation is the preparation of urban design standards for both public and private properties in the neighbourhood, in order to enhance the character of the area and provide a blueprint for future investment. The best elements of the Crystal Beach theme will be catalogued and incorporated into a set of standards that developers will comply with, so that the features that make Crystal Beach unique (i.e. the narrow lanes, the cottage styles of architecture, the pocket parks, the walkable neighbourhood and sense of community) will be preserved, maintained and replicated over time. Staff is of the opinion that with the current level of interest in development in the neighbourhood, the timing is right for the creation and implementation of these regulations. In order to achieve efficiencies of scale, it is possible to incorporate the urban design regulations into a DPS, a new planning tool made available to municipalities through recent amendments to the Planning Act. The end result is one regulatory document that the Town and builders will follow when designing buildings and spaces, including single dwellings. The DPS has the added advantage of making the development process more streamlined, which is in keeping with Council s Corporate Strategic Plan. Analysis The Development Permit System - Background Ontario Regulation 608/06 came into effect January 1, 2007, enabling all local municipalities to use a new tool called the Development Permit System. The DPS is a land use planning tool that can assist in promoting development, enhancing environmental protection and facilitating key priorities such as community improvement, brownfield redevelopment, greenspace preservation and good urban design for public and private property.

4 Page 4 of 6 The DPS combines the zoning, site plan and minor variance processes into one simple application and approval process. The DPS does not replace the lot creation or building permit processes, which continue to be separate and distinct application and approval processes. The DPS benefits land owners, potential developers and the community-at-large by providing a system similar to traditional zoning, while also providing the added benefits of streamlining, flexibility, and the convenience of a one-stop source for planning approvals. The DPS also allows the municipality to consider exterior design of buildings and accessibility of development proposals, and to secure streetscape improvements such as landscaping, lighting, street furniture and bicycle parking facilities. The DPS results in a more streamlined, timely development process within the prescribed area: Faster Review Timelines - The DPS establishes faster timelines for review of applications than other approval processes. Review timelines for the consideration of applications for development permits are 45 days, as compared to 120 days for a decision on an application to amend a zoning bylaw or 30 days for site plan approval. After 45 days, an applicant has the right to appeal an application to the Ontario Municipal Board if a municipality fails to make a decision. One Approval and Application - Zoning, site plan, and minor variance are combined into one application/approval process. Front-end Appeals to the Ontario Municipal Board (OMB) - Any interested party that has participated in the public process associated with development of the DPS can make an appeal to the OMB once the by-laws are adopted. However, once the DPS is in effect, only the applicant of a development permit has a right to appeal a decision or non-decision on an application to the OMB where the application meets the requirements established through the official plan and development permit bylaw. To ensure that this provision is fair, the Town must hold mandatory open houses for DPS official plan policies and DPS bylaws to give the public an opportunity to review the information/material and ask questions. A public meeting is also required to give the public an opportunity to make a submission (written or oral) to Council. Delegation of Decisions Council may delegate decisions on development permit applications. This would expedite development since decisions on an application would not have to be tied to Council s meeting schedule. Permitted and Discretionary Uses - In addition to permitted uses, a development permit bylaw may also identify discretionary uses which may be permitted without a bylaw amendment, subject to meeting specified criteria. Flexible Development Standards - In addition to identifying minimum and maximum development standards, a development permit bylaw may also establish a specified

5 Page 5 of 6 range of variation from these standards that can be permitted without a bylaw amendment. The DPS will allow the Town to ensure the compatibility of new buildings with the existing community character through conditions related to the exterior design of buildings, and the securing of streetscape improvements such as landscaping, lighting, street furniture, etc. These tools can help protect the unique character of Crystal Beach. Financial and Staffing Implications The development of a DPS and Urban Design Regulations requires the assistance of a specialized planning consultant, who will work in conjunction with Town staff and key stakeholders to generate the required documents for consideration by the public and Council. It is anticipated that this will cost approximately $20,000. Funding is available in the 2007 Community and Development Services operating budget for the project. Once accepted and implemented, the DPS will be administered by Town Staff. As per the Town s Tendering Policy for projects is under $25,000, Staff will obtain three quotes (Requests for Proposal), and a selection committee will evaluate and select the consultant. Policies Affecting Recommendations There are no existing policies related to this proposal. The DPS is a new tool offered by the Province to assist municipalities in creating a streamlined permitting system. Staff is proposing that the DPS be implemented in the Crystal Beach Neighbourhood as a pilot project area, to be reviewed for effectiveness and suitability for implementation in other neighbourhoods in the future. Council s Corporate Strategic Plan speaks to the streamlining of permit systems (Initiative B1.1), and implementation of components of Neighbourhood Plans that have no funding requirements (Initiative A5.3). If implemented, the Development Permit System/Urban Design Standard has the ability to assist in achieving these stated goals and objectives. Comments from Relevant Departments/Community and Corporate Partners N/A Alternatives N/A

6 Page 6 of 6 Conclusion Urban Design Standards are a recommendation stemming from the Crystal Beach Neighbourhood Plan. Their purpose is to assist in the retention of the unique character of Crystal Beach, and the promotion of that character in future development. A Development Permit System is the suggested legislative tool to enable the Town to protect the character and style of the neighbourhood. The DPS also offers the advantage of a streamlined permitting system, which can assist in the continued development of Crystal Beach as a desirable location for residential, commercial and recreational investment. Attachments Appendix "1" Study Area Map

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