Development Review and Implementation

Transcription

1 Development Review and Implementation

2 In this second half of the presentation we will talk about: Development Applications Pre-consultation and Submission Consultation and Review Issue Resolution and Report Preparation Urban Design Panel Approval Authority

3 LAND USE POLICY: PRIMER I Ontario Planning Act Non-statutory Master Plans Transportation Infrastructure Greenspace Cycling Pedestrian } { City of Ottawa Official Plan Provincial Policy Statement (2014) Secondary Plans Secondary Planning Design Guidelines Community Design Plans Urban Design Review Panel Transit-Oriented Development Plans Interim Control By-law Zoning By-law IMPLEMENTATION: PRIMER II Development Review City Council: Land Use (Zoning, Official Plan) Lot Creation (Subdivision, Condominium) Site Development (Site Plan) Committee of Adjustment: Land Use (Legal Non-Conforming Use) Lot Creation (Consent to Sever) Site Development (Minor Variance)

4 What are Development Applications?

5 Land Use Lot Creation Lot Development Application Type Official Plan Amendment Zoning By-law Amendment Plan of Subdivision Consent to Sever Minor Variance Site Plan Control Public Meeting Planning / Agriculture and Rural Affairs Committee ALWAYS If delegated authority is withdrawn: PC / ARAC Committee of Adjustment ONLY If delegated authority is withdrawn: PC / ARAC Approval Authority City Council Delegated to Director or Staff, Council if delegated authority removed Committee of Adjustment Delegated to Director or Staff, Council if delegated authority removed Appeal Ontario Municipal Board (OMB) OMB, by owner only

6 Development Applications received 191 Site Plan Control 22 Plan of Condominium 14 Official Plan Amendment 95 Zoning By-law Amendment 38 Draft Plan of Subdivision

7 Land Use Change Official Plan Amendment: An application to permit the development of land in a manner that differs from the Official Plan Application Requires: Planning Rationale, plans, studies Pre-application consultation and public consultation Approval authority: City Council Timeline: 120 days for a decision Mandatory 20 day appeal period ottawa.ca: search development highlight sheets

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9 Purpose: Land Use Change Official Plan Amendment Application to re-designate from Significant Wetland to Urban Natural Feature Background: A previous decision on a subdivision to the north had identified that the wetland was not provincially significant Application supported by study from environmental consultant MNR agreed that the wetland boundary had changed from the original evaluation Consultant and MNR refined the wetland boundary in the field

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12 Land Use Change Zoning By-law Amendment: Application to change permitted uses, or performance standards Application Requires: Planning Rationale, plans, studies Pre-application consultation and public consultation Approval authority: City Council Timeline: 120 days for a decision Mandatory 20 day appeal period

13 Purpose: Land Use Change Zoning By-Law Amendment Rezone from R1D to R1Q (and consent applications to create four conveyable parcels of land) To replace the existing detached dwelling with four detached dwellings Comments: Original proposal was to construct three semi-detached dwellings and one detached dwelling, however due to concerns of the community the proposal was amended to request four detached dwellings No concerns from technical agencies Outcome: Staff recommended approval PC/Council gave approval No appeals received

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15 8 Hobin Street

16 Plan of Subdivision: Lot Creation Application to divide land into multiple lots for development Typically involves creation of new streets and municipal services Application Requires: Draft plan of subdivision, supporting studies, and plans Public consultation Approval authority: General Manager, PGM (or ARAC/PC if delegated authority withdrawn) Timeline: Mandatory 20 day appeal period

17 Lot Creation Plan of Subdivision Location: north of Fernbank, between Stittsville Main Street and Shea Road Purpose: Create a residential subdivision including single-detached, semidetached, neighbourhood park, linear park, public streets Public Consultation: Statutory public meeting held Some changes made to layout of plan regarding location of linear park and grading, to address concerns of neighbours Outcome: Draft approval with conditions by staff on December 18, 2014 No appeal Post approval process and registration

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19 A total of 546 dwelling units: 264 detached dwellings; 282 semi-detached dwellings, and; a linear park (12 metres wide along the western edge of the subdivision) and a neighbourhood park

20 Consent to Sever: Lot Creation Divide (sever) land into new lots Add land to an abutting lot Establish easements or rights-of-way Lease or register mortgage over 21 yrs Application Requires: Draft reference plan, Elevations (if necessary) Subject to public notification Approval authority: Committee of Adjustment Timeline: Mandatory 20 day appeal period Conditions to be cleared: 1 year

21 Lot Creation Consent to Sever 8 Hobin Street Purpose: To divide property into four lots to permit four single detached dwellings Public Consultation: Consultations with neighbours resulted in a reduction of the number of lots created from 7 to 4 Outcome: Departmental comment: no objection Department requested standard conditions Committee of Adjustment: approved No appeals received

22 Lot Creation Consent to Sever

23 Lot Development Minor Variance: Application to make minor changes to provisions of the Zoning By-law Application Requires: Rationale, site plan, survey, elevations Subject to public notification Approval authority: Committee of Adjustment Timeline: Approx weeks including mandatory 20 day appeal period

24 What is minor? Not a defined term Lot Development Minor Variance Four tests in ss. 45(1) of Planning Act Intent & purpose of the OP is maintained Intent & purpose of the ZBL is maintained Desirable for the appropriate development of the land Minor in nature Variances to performance standards: lot size, building height, yard setbacks, etc. Not intended to permit new land uses Subjective Based on perceived impact

25 Lot Development Minor Variance 1, 3 Brae Crescent: Application to construct a single detached dwelling Variance for reduced rear yard setback from 9.0 to 6.0 metres Other Approvals Required: Consent for severance Outcome: Application approved

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27 Lot Development Site Plan Control: Process to regulate various features of development including: building location, landscaping, drainage, parking and access Application Requires: Planning rationale, plans, studies Subject to public notification Approval authority: Staff or PC/ARAC if delegated authority withdrawn Only applicant may appeal decision

28 Purpose: Lot Development Site Plan Control Application to construct a commercial development Public Consultation: Community information session held Public concern Plan amended to respond to circulation comments including public comments Other Approvals Required: Zoning By-law Amendment Outcome: Zoning Amendment approved; Site Plan Control being finalized

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34 The Pre-Consultation and Application Submission

35 Pre-Application Consultation Application Submission Application Deemed Complete Community Heads Up Technical Public Circulation Community Info and Comment Session Posting of On-site Sign Issue Resolution and Report Preparation Notice of Decision if delegated to staff Notice of Public Meeting Notice of Decision by Committee or Council Post Approval Process

36 1. Pre-Application Consultation What is it? A meeting between the applicant and Planning staff to discuss a development proposal prior to a formal application What is the purpose? Outline process, timelines and fees Outline all plans, studies and reports required for a complete application Anticipate and identify potential issues

37 1. Pre-Application Consultation Is it mandatory? Yes, for certain development applications Who is involved? Planner, Engineer, other staff with various areas of expertise Applicant encouraged to meet with Councillor, community association, neighbours, technical agencies (e.g., Hydro Ottawa, conservation authority)

38 2. Submission Application What is submitted with an application? Planning Rationale Plans and studies: site plan, landscape plan, servicing plan, elevations etc. Multiple copies required for circulation and digital copies to be uploaded online List of plans and studies can be found on the application form

39 2. Submission Application What are the associated costs? Vary depending on type of application Additional Conservation Authority fee Initial Engineering Design Review and Inspection fee applies Application may require subsequent applications (e.g. zoning bylaw amendment and site plan control) Costs of plans and studies are incurred by applicant

40 2. Submission Application What does the process involve? Application form, plans, studies, reports and fees are submitted to a Client Service Centre Applications are forwarded to Planning Services for review File Lead and Project Manager are assigned to each application

41 3. Application Deemed Complete How is an application deemed complete? Assessed by File Lead and Project Manager Check to see if all required plans and studies were submitted, including required copies Applicant is notified when application is deemed complete, or incomplete if information is missing Application timelines and online posting commence when application is deemed complete

42 4. Community Head s Up What is a heads up? Early notification to the Ward Councillor and registered community groups Why provide a heads up? Not a legislative requirement Brings awareness to the community that an application has been made

43 The Consultation and Review

44 Pre-Application Consultation Application Submission Application Deemed Complete Community Heads Up Technical Public Circulation Community Info and Comment Session Posting of On-site Sign Issue Resolution and Report Preparation Notice of Decision if delegated to staff Notice of Public Meeting Notice of Decision by Committee or Council Post Approval Process

45 5. Technical and Public Circulation Legislative requirement (Planning Act) Official Plan policy Ensure interested parties are aware Two categories of circulation: Technical circulation Public consultation Major applications are subject to public consultation (i.e., notification/circulation) Minor applications do not require public consultation All applications have some level of notification/circulation

46 5. Technical and Public Circulation For all planning applications and Committee of Adjustment applications Technical agencies: Utility companies: Bell, Hydro Ottawa, Enbridge, etc. Public bodies: Airport Authority, conservation authorities, NCC, etc. Internal departments: Forestry Services, Right-of-Ways, Transit Services, Park Planners Management Ward Councillor

47 5. Technical and Public Circulation Circulation package Application Summary Brief description of proposal and context Location map Comment sheet Timelines and contact info 28-day circulation period if subject to public consultation 14-day circulation period if not subject to public consultation 10-day circulation period for Committee of Adjustment applications

48 6. Posting of On-site Sign

49 Land Use Lot Creation Lot Development Application Type Official Plan Amendment Zoning By-law Amendment Plan of Subdivision Consent to Sever Minor Variance Site Plan Control Public Meeting Planning / Agriculture and Rural Affairs Committee ALWAYS If delegated authority is withdrawn: PC / ARAC Committee of Adjustment ONLY If delegated authority is withdrawn: PC / ARAC Approval Authority City Council Delegated to Director or Staff, Council if delegated authority removed Committee of Adjustment Delegated to Director or Staff, Council if delegated authority removed Appeal Ontario Municipal Board (OMB) OMB, by owner only

50 7. Community Info and Comment Session Optional: not a legislative requirement Initiated by Councillor, community, or applicant Statutory public meeting still required in addition to community meeting for certain applications Purpose: Complicated applications Present application to public within the community Explain the approval process Provide technical clarifications Hear comments

51 7. Community Info and Comment Session Statutory Public Meeting Legislative requirement Planning Act Only required for certain applications Public meeting held either: In community during consultation process (Subdivision and certain Condominium) At Planning or Agriculture and Rural Affairs Committee (Zoning, Official Plan) Committee of Adjustment hearings

52 7. Community Info and Comment Session What to expect at PC/ARAC/C of A: Staff presents Public presents (5 minutes) Applicant presents Committee may ask questions of all presenters What to expect at a Community Info and Comment Session: Visual and oral presentation Q & A Submit comments or send them later Comments incorporated into staff report Give address for notification of decision

53 The Issue Resolution and Report Preparation

54 Pre-Application Consultation Application Submission Application Deemed Complete Community Heads Up Technical Public Circulation Community Info and Comment Session Posting of On-site Sign Issue Resolution and Report Preparation Notice of Decision if delegated to staff Notice of Public Meeting Notice of Decision by Committee or Council Post Approval Process

55 8. Issue Resolution and Report Preparation Application Review Considerations Provincial legislation Provincial Policy Statement, Planning Act City policies Official Plan, master plans, community design plans, secondary plans, Zoning By-law, design guidelines... Technical Agency concerns Airport, conservation authorities, utilities Technical studies Transportation, servicing, stormwater management, environmental protection

56 Issue Resolution Objective: To resolve as many issues as possible among various stakeholders Applicant Public and community associations Technical agencies Councillor Planning & Growth Management The goal is to achieve consensus!

57 Issue Resolution Process: Planner reviews all information, as well technical/public comments provided Discusses outstanding issues with the applicant in order to resolve them May include: Requiring additional technical studies Revising plans to address concerns Developing specific conditions of site plan or subdivision approval Follow up communication/community meeting

58 Issue Resolution Issues occasionally resolved: Despite best efforts, planner may arrive at an impasse, unable to resolve issues with one or more of the stakeholders Example: Applicant does not support changes in building location/height, or adjacent neighbourhood feels impacts have not been adequately addressed Staff formulate decision based on policies and guidelines in effect Move forward with report containing staff recommendation

59 Report Preparation Report preparation by Planning staff takes place after issues are resolved Different types of staff reports are prepared, depending upon the approval authority for the application Subdivision and Site Plan applications are approved by Manager under delegated authority Reports for Official Plan and Zoning By-law amendments are considered at Committee and Council

60 9. Notice of Decision Delegated Authority Reports Approval authority is generally the Manager of Development Review Brief report lays out background, the conditions of approval and includes subdivision or site plans for signing Includes a brief summary of public comments and staff response Requires concurrence from applicant and Councillor with conditions of approval prior to approval

61 9. Notice of Decision Delegated Authority Reports Manager of Development Review is the approval authority for site plan and subdivision applications Planner mails Notice of Decision to technical agencies and public For site plan applications, Notice of Decision to agencies/public is for information only: only owner may file an appeal For subdivison applications, Notice of Decision are provided to agencies / public, with 20 day period for appeal

62 10. Notice of Public Meeting Committee/Council Reports Report finalized 6 weeks before meeting Includes background, discussion of issues, synopsis of comments from the public, and planning rationale Makes a professional, independent recommendation from the Planning Branch. Recommendation is made in accordance with relevant legislation. Notice of meeting/report is mailed to public 10 days before the meeting Members of the public can speak at the Committee meeting

63 11. Notice of Decision by Committee or Council Committee/Council Reports Staff report is considered by Committee Decision made for approval or refusal and Committee s recommendation is forwarded to Council for final decision Next step: implementing by-law is enacted by Council Planner sends Notice of By-law Passing to owners within 120 m and those who commented. There is a 20 day period for appeal.

64 Pre-Application Consultation Application Submission Application Deemed Complete Community Heads Up Technical Public Circulation Community Info and Comment Session Posting of On-site Sign Issue Resolution and Report Preparation Notice of Decision if delegated to staff Notice of Public Meeting Notice of Decision by Committee or Council Post Approval Process

65 The Approval Authority

66 Land Use Lot Creation Lot Development Application Type Official Plan Amendment Zoning By-law Amendment Plan of Subdivision Consent to Sever Minor Variance Site Plan Control Public Meeting Planning / Agriculture and Rural Affairs Committee ALWAYS If delegated authority is withdrawn: PC / ARAC Committee of Adjustment ONLY If delegated authority is withdrawn: PC / ARAC Approval Authority City Council Delegated to Director or Staff, Council if delegated authority removed Committee of Adjustment Delegated to Director or Staff, Council if delegated authority removed Appeal Ontario Municipal Board (OMB) OMB, by owner only

67 City Council Planning Act: MMA Council Under delegated authority from the Minister, City Council is the approval authority for a variety of applications. Types of applications: Official Plan Amendment Zoning By-law Amendment When Delegated Authority withdrawn (Site Plan, Plan of Subdivision)

68 City Council Public Meetings: Planning Committee (PC) Urban Areas Agriculture and Rural Affairs Committee (ARAC) Standing Committee Comprised of City Councillors Provide a venue for statutory public meetings required by the Planning Act Result in recommendations to City Council

69 City Council Role of Participants at Planning Committee/ARAC: Committee: Reviews applications in advance, asks questions, makes recommendation to Council Planning Staff: Prepares report, attends PC/ARAC, makes presentation, provides background info in question period Applicant: Attends PC/ARAC, makes presentation, responds to questions Public Delegations: Attend PC/ARAC, present only new information, respond to questions

70 City Council City Council Meetings Meetings held in Council Chamber Wednesdays at 10:00 a.m. Debate among Councillors, with information provided by staff No Public Delegations Planning Committee and ARAC Reports considered

71 Delegated Authority Planning Act: MMA Council Delegated Authority Types of applications: Plan of Subdivision Site Plan Control Plan of Condominium Street closing/opening Other minor applications Delegated Authority can be withdrawn by Ward Councillor

72 Committee of Adjustment Planning Act: Quasi-judicial, independent, administrative tribunal appointed by City Council. The Committee is comprised of 3 panels, 5 members each, in the City of Ottawa. Types of applications: Minor variance Consent to sever Permission to change/expand a legal non-conforming use

73 Committee of Adjustment 3 Panels of 5 members each Panel 1 (urban area): 1:00 pm - Wards 12, 13, 14, 15, 17, 18 (excluding the former Village of Rockcliffe Park) Panel 2 (suburban area): 6:30 pm Wards 1,2,3,4,7,8, 9,10,11,16, 22,23 (including the Village of Rockcliffe) Panel 3 (rural area): 9:00 am Wards 5, 6, 19, 20, 21 Hearings held in Ben Franklin Place Council Chambers on first and third Wednesday of every month

74 Committee of Adjustment Role of participants: Committee: Appointed by Council, independent from the Planning Branch, reviews applications in advance Planning staff: Provides comments, attends hearings, provides background info in question period Applicant: Attends hearings, makes presentation, responds to questions Public delegations: Attends hearings, appoint a spokesperson and present only new information Technical agencies: Provides comments, attends hearings if needed

75 The Urban Design Review Panel

76 Urban Design Review Panel Independent, volunteer advisory panel of professionals Design Priority Areas: Downtown Precincts defined by Downtown Ottawa Urban Design Strategy (DOUDS) Traditional and Arterial Mainstreets Town and Mixed Use Centres Village Cores Other areas with special design needs, as identified by Council Certain applications subject to review

77 Urban Design Review Panel

78 Urban Design Review Panel Two-step process Pre-consultation with Panel prior to application being submitted Panel provides design recommendations Not open to the public Formal review once an application is submitted Panel provides design recommendations Open to the public (observation only) Panel may recommend further refinement and a third meeting

79 The Appeal

80 Land Use Lot Creation Lot Development Application Type Official Plan Amendment Zoning By-law Amendment Plan of Subdivision Consent to Sever Minor Variance Site Plan Control Public Meeting Planning / Agriculture and Rural Affairs Committee ALWAYS If delegated authority is withdrawn: PC / ARAC Committee of Adjustment ONLY If delegated authority is withdrawn: PC / ARAC Approval Authority City Council Delegated to Director or Staff, Council if delegated authority removed Committee of Adjustment Delegated to Director or Staff, Council if delegated authority removed Appeal Ontario Municipal Board (OMB) OMB, by owner only

81 Ontario Municipal Board (OMB) Ontario Municipal Board Act: Quasi-judicial administrative tribunal appointed by the province to hear appeals and make decisions on contentious planning matters Staff Decisions by: C of A Appeals OMB City Council 20-day appeal period Types of applications: Site Plan (by Owner), Subdivision Consent to Sever, Minor Variance/Permission Official Plan/Zoning By-law Amendment

82 Ontario Municipal Board (OMB) OMB Hearings Hearings held locally Professional assistance is not mandatory, but is recommended A hearing is a new consideration of the issues The OMB shall have regard to Council s recommendation The OMB will consider all of the evidence that the decision maker considered All parties must present their evidence and arguments to the OMB

83 More information Visit the Community Involvement section of ottawa.ca/planning

84 Councillor Shad Qadri Key contacts -> Register for weekly e-newsletter under Contact Development Information Officer In-person at a Client Service Centre diokanata@ottawa.ca , ext File lead for a development application is listed on the on-site sign(s) and DevApps