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Planning 101 - Council Oi t ti Orientation Planning in Burlington and Planning in Burlington and Ontario Bruce Krushelnicki, Director of Planning and Building May 6, 2011

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Page 1: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Planning 101 - Council O i t tiOrientation

Planning in Burlington andPlanning in Burlington and Ontario

Bruce Krushelnicki,

Director of Planning and Building

May 6, 2011

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Planning in Burlington:g gPresentation Agenda

Q i k i f th th Pl i D t t• Quick review of the the Planning Department • The role and relationship of the Province of Ontario • Planning Profession• The Planning Act – Planning 101

– The “Front End”– The “Middle”

• The Official Plan and Zoning By-Law• Types of development approvals• Development process including public engagement• Development process including public engagement • Appeals and the OMB

– The “Back pages” of the Act

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The Planning SectiongOrganization of the Planning Department • Policy and Long Term Planning

– Research and Information Service– The Burlington Official Plan and OPA’s– Special Studies and Staff Directions

Relationship with Region and Province– Relationship with Region and Province• Development Service: Processing and Approvals

– Zoning Process and Land Use Regulations– Development ApprovalsDevelopment Approvals

• OPA’s and Zoning By-law Amendments• Subdivision of Lands• Site Plan Approval• Minor Variances and Consents to Sever• Provincial Plan Approvals PBWP and NEC

Page 4: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Other Planning Section Duties

• Heritage Review• Condominium approvals and conversions• Committees:

– Community Development CommitteeCommunity Development Committee– Committee of Adjustment– Heritage Burlington (LACAC)

S i bl l C i– Sustainable Development Committee– Waterfront Access Advisory Committee– Accessibility Committee

• Planning advice to other departments and agencies • Neighbourhood Meetings and Community Consultation

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The Planning Professiong

• Canadian Institute of Planners (CIP MCIP)Canadian Institute of Planners (CIP MCIP)• Ontario Professional Planners Institute (OPPI

RPP designation)RPP designation)– Code of conduct – discipline

B i– Best practices – Professional accreditation (schools and members)– Professional training – Conferences

Page 6: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

The Role and Relationship of the Province

Fi P i i lFirst Principles:

M i i li i d f hMunicipalities are not an order of government they are creatures of the Province

Municipalities have no “inherent powers” – only those granted to it by the Province in statue, regulation, policy and guidelines

Page 7: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

The Role and Relationship of the Province• In some cases the Province uses municipal staff

to do the work of the Province – “Statutory officers” – eg., CBO– Mandatory compliance with policies and

l PPSplans - eg., PPS– Adjudicative subservience – eg. OMB

• Nature of municipal democracy

Page 8: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

The Role and Relationship of the Province• Legal Framework

– Planning Act – Municipal Act– Condominium Act– Ontario Heritage ActOntario Heritage Act – Other legislation (Endangered Species Act, Growth Plan Act, Greenbelt

Act)

Pro incial Interests• Provincial Interests• Ontario Municipal Board (OMB)• Ultimate Approval function (delegated)Ultimate Approval function (delegated)• Mandated minimum standards of public engagement and

participation

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Ontario’s Planning FrameworkPrinciples

• Policy based - led by o cy based ed byprovincial policy (not arbitrary)

• A system of locallyA system of locally initiated planning and land use regulation

• Citizen consultationCitizen consultation and notification

• Opportunities for appeal of localappeal of local decisions and indecision

Page 10: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Planning 101

The Planning Act

Page 11: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

The “Front End” of the Planning Act

• “Purposes” of the Act • Defining Provincial Interest and Authority• Provincial Policy Statements (PPS) and y ( )

Provincial Plans • The Structure of Local PlanningThe Structure of Local Planning

Page 12: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

The “Front End”: Purposes of the Act• to promote sustainable economic development in a healthy

natural environment within the policy and by the means provided under this Act;p ;

• to provide for a land use planning system led by provincial policy;to integrate matters of pro incial interest in pro incial and• to integrate matters of provincial interest in provincial and municipal planning decisions;

• to provide for planning processes that are fair by making them open, accessible, timely and efficient;

• to encourage co-operation and co-ordination among various interests;;

• to recognize the decision-making authority and accountability of municipal councils in planning.

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The “Front End”: Provincial InterestThe Front End : Provincial Interest

The Minister, the council of aThe Minister, the council of a municipality, a local board, a planning board and the Municipal Board, in carrying out their responsibilities under this Act, shall have regard toshall have regard to, among

th tt tt f i i ltt f i i lother matters, matters of provincial matters of provincial interestinterest such as,

Page 14: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

The “Front End”: Provincial Interest

• the protection of ecological systems, ecological systems, including natural areas, features and functions;

• the protection of the agricultural resources agricultural resources of the Province;p gg ;• the conservation and management of natural resources and the natural resources and the

mineral resource basemineral resource base;• the conservation of features of significant architectural, architectural,

cultural historical archaeological or scientific interestcultural historical archaeological or scientific interest;cultural, historical, archaeological or scientific interestcultural, historical, archaeological or scientific interest;• the supply, efficient use and conservation of energy and water;• the adequate provision and efficient use of communication,

transportation, sewage and water services and waste p gmanagement systems;

• the minimization of waste;• the orderly development of safe and healthy communities;safe and healthy communities;• the accessibility for persons with disabilitiesaccessibility for persons with disabilities to all facilities• the accessibility for persons with disabilities accessibility for persons with disabilities to all facilities,

services and matters to which this Act applies;

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The “Front End”: Provincial Interest

• the adequate provision and distribution of educational, health, social, cultural and recreational facilities;h d i i f f ll f h if ll f h i• the adequate provision of a full range of housinga full range of housing

• the adequate provision of employment opportunities;employment opportunities;• the protection of the financial and economic wellfinancial and economic well--being being of the

Province and its municipalities;Province and its municipalities;• the co-ordination of planning activities of public bodies;• the resolution of planning conflicts involving public and private

interests;interests;• the protection of public health and safetypublic health and safety;• the appropriate location of growth and development.• the promotion of development that is designed to be sustainable, p p g ,

to support public transit and to be oriented to pedestrians.

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Provincial Policy Statement (PPS) and P i i l PlProvincial Plans

A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a oa d, espect o t e e e c se o a y aut o ty t at a ects aplanning matter,

(a) shall be consistent with the (provincial) policy statements issued under subsection (1) that are in effect on the date of the decision; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

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Provincial Policy Statement –“PPS”

Vision Statement and Policies Wise Use and Management of Building Strong Communities

Efficient land use patternsEmployment areas

ResourcesNatural heritageWaterp y

HousingPublic spacesInfrastructure

AgricultureMinerals and Petroleum and Mineral Aggregate ResourcesC l l H i d

Long term Economic ProsperityEnergy and Air Quality

Cultural Heritage and Archeology

Protecting Public Health and SafetyNatural and Man Made HazardsNatural and Man Made Hazards

Implementation Figures and Definitions

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Provincial Plans

• Greenbelt Plan • “Where we cannotGreenbelt Plan– Niagara Escarpment Plan– Oak Ridges Moraine

Where we cannot grow”

gConservation Plan

– Parkway Belt West Plan• “Where and how we• Provincial Growth Plan

– “Places to Grow”R i l T i

Where and how we should grow”

• Regional Transportation Plan (RTP) - Metrolinx • “How we get around”

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Greenbelt Plan• Niagara Escarpment Plan• Oak Ridges Moraine

Conservation Plan• Parkway Belt West Plan • Protected Countryside y

• Agricultural System• Natural System• Parkland open Spaces and• Parkland open Spaces and

Trails• Settlement Areas

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Page 21: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Growth Management PlanPlaces to Grow

• Where and How to GrowWhere and How to Grow• Growth forecasts• General intensification• Urban Growth Centres• Major Transit Areas• Employment Lands• Designated Greenfield

AreasAreas• Settlement Area Boundary

Expansions

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Page 23: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Growth Management PlanPlaces to Grow

Guiding PrinciplesGuiding Principles• Build compact ,vibrant and complete

communities• Plan and manage growth for a strong andPlan and manage growth for a strong and

competitive economy• Protect, conserve enhance and wisely use

the valuable resources of land, air and water for current and future generations

• Optimize the use of existing and new infrastructureP ll b i ll• Promote collaboration among all sectors –government private and non-profit – and residents to achieve a vision

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Growth Management PlanPlaces to Grow

Growth Projection• Population growth of 3.7 million from 7.8

million to 11.5 million Greater Golden Horseshoe “S h d l 3” H l R i• “Schedule 3” – Halton Region

Population Employment – 2001 390,000 190,000– 2011 520,000 280,0002011 520,000 280,000– 2021 590,000 340,000– 2031 780,000 300,000

• Burlington BPE– 2006 165,000 88,350– 2011 174,000 96,158– 2021 180,000 103551– 2031 185,000 105,854

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Growth Management PlanPlaces to Grow

Infrastructure and Implementation• Infrastructure planningp g• Transportation

– Moving people– Moving goods

• Water and wastewater • Protecting what is valuable

– Natural systemsPrime agricultural areas– Prime agricultural areas

– Mineral aggregate resources– “Culture of conservation’

• WaterE• Energy

• Air• Waste management • Cultural heritage

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Metrolinx – Regional Transportation Plan

M dif OP li i d• Modify OP policies and by-laws to promote optimum mixed use development opportunities

• “Metrolinx” – style Mobility HubMobility Hub opportunities

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The “Middle” of the Planning Act

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The “Middle” of the Planning Actg

• Burlington Official Plan (OP) - PolicyBurlington Official Plan (OP) - Policy• Zoning By-law – Land use and Development

RegulationsRegulations• Minor Variances• Site Plan Control – Urban Design Guidelines• Subdivision, Severance and Condominium,

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The Official Plan

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Principles applicable to Official Plans and the OP Amendment Processes (OPA)OP Amendment Processes (OPA)

• Consistent with PPS and conform to Provincial Plans*• Lower Tier Plans must conform to Upper Tier Plans• Subordinate Plans must conform to the parent plan • Amendments may be initiated by the municipality or by other partiesAmendments may be initiated by the municipality or by other parties• Fees• Appeals – private and public appeals

l i A A d li i i l *• Planning Act Amendments – limiting appeals*– Employment areas– Settlement areas– Second Suites

• Appeals affected by a Provincial Interest – Review by Cabinet**Recent AmendmentsRecent Amendments

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Official Plans: Local and Upper TierAn official plan shall contain . . .

l bj i d• goals, objectives and policies established primarily to manage and p y gdirect physical change and the effects on the social, economic and naturaleconomic and natural environment of the municipality or part of it, or

th t i ith tan area that is without municipal organization

Page 33: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Burlington’s Official Plan: Functional PoliciesPreamble Part VI ImplementationPreamble

Process and backgroundPart I: Policy Framework

Part VI ImplementationLand Use controls and Implementation ToolsI t t tiMission statement

Guiding principlesLand use vision

InterpretationCommittee of Adjustment

Part VII: Schedules

Part II: Functional PoliciesSustainable development Transportation

Part VIII: DefinitionsPart IX: Appendices

Transit and BikewaysTransportationInstitutional UsesDesign

Transit and BikewaysDesign GuidelinesSecondary PlansC il d d l tHeritage Council approved development protocols

Page 34: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Burlington’s Official Plan: Land Use PoliciesPart III: Land Use :Urban AreaPart III: Land Use :Urban Area

Residential Areas Employment Lands Major Retail AreasMixed Use AreasNatural Features and Open Space

Part IV: Land Use Policies - Rural AreaRural LandsRural Lands Rural Settlement areas

Part V – Land Use Policies –North AldershotResidential areasNorth Aldershot Office AreaEnvironmental Protection AreaParkway Belt WestyMineral Resource ExtractionRecreation Open SpaceSub Areas: Central, East and West

Page 35: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Mixed Use Centre - Urban Growth Centre

Precinct System• St Luke’s and Emerald• St. Luke s and Emerald

Neighbourhoods• Waterfront West/Public Lands

Precinct• Downtown Medium and High

Density Residential• Old Lakeshore Road Mixed

Use• Downtown Core Precinct• Wellington Square Mixed Use• Downtown Major Institutional

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Urban Growth Centre

• Distinct district • “Vibrant people place”• Centre for public activities • Mixed use• Entertainment and cultural activities• High quality of urban design• Redevelopment – infill of parking

areas• Waterfront • Transportation challenges• Inclusiveness• Tourism

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Old Lakeshore Road

Page 38: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Heritage

Page 39: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation
Page 40: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Development Option 1

10 St I Th W t 6 St I Th E t C t P d10 Storeys In The West; 6 Storeys In The East; Centre Preserved

Page 41: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Development Option 2

15 Storeys In The West; 8 Storeys In The East

Page 42: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Official Plan Review

• Planning Act now requires a review of an OP take place no later than five years from adoption

• A review can be a major overhaul or a simple “tweaking”• Usually involves a re-assessment of major policy areas;y j p y ;

– Urban service areas– Natural heritage– Transportation update– Land budgeting (employment lands, retail lands, greenspace)

• Significant opportunity for public engagement• In Burlington the next OP review is due to commence in 2012• We will be beginning the process in Fall, 2011 for completion in early

2013

Page 43: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

City of BurlingtonProcess for an Official Plan Review May, 2011

Council CouncilCouncil

Determine Scope

Develop Work Plan

Prepare Official Plan Amendment

Statutory Consultation

Prepare Directions Reports

Adoption

Agency Liaison Protocol

Internal Scan

Protocol

Engagement Plan

External Scan

Engagement Strategy

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The Zoning By-Law

Page 45: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Land Use Control and Regulation - ZoningLand Use Control and Regulation Zoning

• Prohibiting• The use of land• The use of land• Erection of buildings• Land uses or buildings where services do not exist

• RegulatingRegulating• Type of construction, height, bulk, location size floor area character

and use of buildings• Minimum frontage or depth of a parcelg p p• Minimum elevation of doors and windows• Loading and parking facilities• Density of development, minimum and maximum heighte s ty o deve op e t, u a d a u e g t

Page 46: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Principles of Zoning By-Law Amendment andPrinciples of Zoning By Law Amendment and Interpretation

• Zoning can only prohibit and regulate as prescribedZoning can only prohibit and regulate as prescribed• Zoning restricts rights in use and construction, but also it

confers rights. What is not prohibited or regulated must be itt dpermitted

• Zoning must conform to the Official Plan (local and regional) and all zoning decisions must be consistent with the PPS and conform to provincial plans

• Zoning vs Policy vs Guideline: as a by-law regulation zoning is more strictly interpreted than Official Plan policies and, y p p ,unlike guidelines, there is no discretion in their application.

Page 47: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Principles of Zoning and Zoning By-LawPrinciples of Zoning and Zoning By Law Amendments

• Zoning is applicable law for the purposes of issuing (or withholding) a building permitZ i d t b i iti t d b th i i lit• Zoning amendments can be initiated by the municipality or other parties (fees involved)

• Planning Act amendments – limits on appeals to alteration of an urban boundary, second suites and employment areas.

• Zoning is not social policy - cannot distinguish on the basis of family relationshipof family relationship

Page 48: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Burlington’s Zoning By-lawg g yPrinciples of Zoning Practice

C d i f• Create and map categories of use – expressed as symbols

• Establish for each zone a legal use and regulate the use inside ause and regulate the use inside a zone ‘envelope’

• Zones should follow “real” lines

• Must be interpreted strictly• No exceptions – only variances

and amendments• Permitted to discriminate in

land ‘uses’ not ‘users’

Page 49: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Burlington’s Zoning By-law - ContentBurlington s Zoning By-law - Content• General Provisions• Rural Area• North Aldershot• Urban Area

– Residential, employment and commercial– Mixed use corridors

Mixed use centres (downtown and uptown)– Mixed use centres (downtown and uptown)• Parks and Open space Zones• Holding Zones and Interim Control By-laws• Exceptions and site specific provisions• Maps and Definitions

Page 50: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Other Forms of Land Use RegulationOther Forms of Land Use Regulation Associated with Zoning

• “Holding” by-laws• Interim Control By-lawsInterim Control By laws• Temporary Use by-laws – garden suites

Mi i ’ d• Minister’s orders• S. 37 - “Community Benefits”

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Minor Variances – Committee of Adjustment

Page 52: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Minor VariancesMinor Variances• Section 45 permits:

– Section 45(1) minor variances– Section 45(2)(i) extensions/enlargements of legal non-

conforming usesconforming uses– Section 45(2)(ii) permission for “like” uses

• Committee of adjustment j– conditional permissions– no “private appeals” of variance decisions

• Local Appeal Board**recent amendment

Page 53: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Minor VariancesMinor Variances The Four Tests

The Four Tests• Must be “minor” (impact)Must be minor (impact)• Must maintain the intent of the Official Plan• Must maintain the intent of the By-law• Is desirable for the appropriate development or use of

the land

Page 54: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Minor VariancesMinor Variances The Four Tests

Not the Four TestsH d hi d• Hardship or need

• Cumulative impact• Numerical size• Numerical size• Popularity or acceptability by the neighbors

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Site Plan Approval

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Section 41: Site Plan Approval

What it is:• Detailed organization

of uses on the siteF ti l i• Functional review

• Design review• Agreement securingAgreement securing

the details• Conditional

permission

Page 57: Oi ttiOrientation Planning in Burlington andPlanning in ... · RPP designation)RPP designation) – Code of conduct – discipline – BiBest practices – Professional accreditation

Section 41: Site Plan Approval

Details can include• Grading• Vegetation• Architectural elevations• Urban design• Drainage• Tree preservation • Site contamination • Road widenings• Fire and emergency access• Parking• Pedestrian movement• Integration of Transit

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Section 41: Site Plan Approval

What it is NOT:• Not a building permit• Not a prohibition of

use that’s zoninguse – that s zoning (can’t control height)

• Not normally a subject of citizen consultation

• Not appealable by• Not appealable by the public

• Cannot secure off-site benefits

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Section 41: Site Plan Approval

• Site Plan Approval is a council decision

• Council has delegated this

th it t t ffauthority to staff• Can be undelegated

by council resolutionby cou c eso ut o

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Dividing Land S bdi i i S dSubdivision, Severance and

Condominium

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Division of Land: Subdivision, Severance and C d i iCondominium

• The only legal ways to divide land for sale or i b bdi i iconveyance is by subdivision or severance

• Subdivision or severance? A subdivision is required for the creation of many “lots” where internal roadsfor the creation of many lots where internal roads and servicing are required.

• A severance of a “lot” (or a small number of lots) may be permitted where a subdivision is not required (no internal roads or services)

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Division of Land: Subdivision, Severance and C d i iCondominium

• A condominium does not divide land; it divides the interest in property• A condominium creates “parcels” and “units” and POTL’s (parcels of

tied land, not “lots”) that may be conveyed along with shared facilities and amenities

• Not a Planning Act approval – but subject to the same considerations and process as a subdivision

• Council decision – conditional approval• Condominium types

– Standard Condominium– Common element condominiumCommon element condominium– Vacant lot condominium– “Condo” conversions (delegated authority)

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Division of Land: Subdivision, Severance and C d i iCondominium

• Approval for any form land division may be conditional• Approval for any form land division may be conditional. May be subject to an agreement and may invoke the taking of land for parks, roads, creek blocks and public facilities

• Not just for residential uses – all can be used for any type of land use residential employment and retailof land use – residential, employment and retail

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Subdivision: Council ApprovalI id i d ft l f bdi i i d h ll b h d thIn considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and toand to,

• the effect of development of the proposed subdivision on matters of provincial interest as referred to in

• the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or theprovincial interest as referred to in

section 2;• whether the proposed subdivision is

premature or in the public interest;

proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

• whether the plan conforms to the official plan and adjacent plans of subdivision, if any;h di i d h f h

• the adequacy of school sites;• the extent to which the plan’s design

optimizes the available supply, means of supplying efficient use and• the dimensions and shapes of the

proposed lots;• conservation of natural resources and

flood control;

of supplying, efficient use and conservation of energy.

flood control;

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Severances: Approval by Committee ofSeverances: Approval by Committee of Adjustment or Delegated to Staff

• Permitted where a subdivision is not requiredA d l d h i (Di f Pl i ) h h• A delegated authority (Director of Planning) where there are no objections or comments. Otherwise approval is by the Committee of Adjustment in a hearingj g

• Virtually prohibited in the rural area, areas subject to the Escarpment Plan or the Green Belt Plan, or by the PPS.

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Summary: Planning Act Approvals

A “development approval” is some combinationA development approval is some combination of one or more of the following:

• Official Plan Amendment (OPA) (change of policy)Official Plan Amendment (OPA) (change of policy)• Zoning By-law Amendment (change of regulation)• Minor Variance (“vary” the by-law regulation)( y y g )• Site Plan (set the details of the site; design and organize the

site)• Subdivision (divide the interest in land - severance,

subdivision, condominium)

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The “Middle” of the Planning Actg

• The Development Review/Approval ProcessThe Development Review/Approval Process– Early Days– Pre-consultationPre consultation– Development review and analysis

• Application• Processing the application

– Public engagement– Planning report – recommendation and decision-making– Appeal - Ontario Municipal Board (OMB)

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Development Process Simplified

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Development process simplified

A “Early days”A. Early days1. Land becomes available and enquiries are made by

prospective buyers2. Conceptual investigation by someone who has “tied up the

land” – contract to purchase subject to conditions3 D fi i i i d l d b i3. Definite interest in development expressed by prospective

owner accompanied by a conceptual plan4. Staff explain what applications will be required4. Staff explain what applications will be required5. Staff advise council members in periodic “Update”

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Development process simplifiedB. Pre-consultation

1. One window approach: pre-consultation meeting conducted by city staff, attended by applicant (and technical consultants) and staff of circulated agencies) g

2. Conceptual application agreeable in principle (no approval) as to what applications are required

3. Discussion of requirements for application (forms, studies, fees)

4 Description of process and responsibilities going forward4. Description of process and responsibilities going forward (public meetings, CDC and Council process)

5. Pre-consultation is required by by-law

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Development process simplifiedC. Application

1 A li ti b itt d ith i iti l f k l d t1. Application submitted with initial fees - acknowledgement2. Application documents are reviewed and determined if they

are completep3. Application “complete” – notification to applicant and the

“clock begins”4. Initial requirements

1. Sign on site2. Notification of neighbouring property owners (depending on public2. Notification of neighbouring property owners (depending on public

participation requirements)3. Circulation to agencies for technical review

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Development process simplifiedD. Processing the Application

St ff l i f th l• Staff analysis of the proposal • Review of the studies (peer reviews as necessary)• Receipt of comments/conditions from technical agenciesReceipt of comments/conditions from technical agencies• Public engagement

– Neighbourhood meeting(s)– Statutory public meeting(s)– Receipt of comments, calls and visits

• Revisions to proposal and ongoing discussions with• Revisions to proposal and ongoing discussions with proponent

• Staff position and advice are formulated

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Development process simplifiedE. Decision-making process

St t t bli ti t CDC ith ti• Statutory public meeting to CDC with notice • Report issued including staff recommendation • CDC debate and dispositionCDC debate and disposition

– Approve– Not approve– Revise – No action (table, refer back to staff, no decision)

• Decision by CDC transmitted to Councilec s o by C C t a s tted to Cou c• Opportunities for appeal to the Ontario Municipal Board

(OMB)

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Development process simplified

F. Appeal - The Ontario Municipal Board• Quasi-judicial administrative tribunal• Provincially appointed members

d i l i b d• Adversarial interest-based process• Less rigid court-like proceedings - principles of natural justice

fairnessfairness• Evidence and expert oriented• Provides final decisions and orders

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Why do we even consider changing theWhy do we even consider changing the OP and By-law?

Why don’t we simply say no when a change is requested?change is requested?

People rely on the by-law – why shouldPeople rely on the by law why should we change it to accommodate an application by a developer?application by a developer?

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Why do we consider changes to the OP and zoning?

• First of all we do say “no” – a lot. There is a significant y gprocess that takes place before it ever becomes public or comes before council.

I iti l i– Initial enquiry– Pre-consultation– Discussions even after an application is made– Discussions even after an application is made

• At all these stages we commonly say “no”• Secondly - we cannot refuse an application that is complete.y pp p

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Why do we consider changes to the OP and zoning?

• When the plan and the by-law are written, either no change is p y , gexpected or if change is expected, we do not have an application and cannot asses the detailed impacts of the development so we write policies and rulesdevelopment – so we write policies and rules conservatively/restrictively.

• First to be protective and secondly – where an acceptable change is proposed, we can apply more control through the planning approval process.

• When a major proposal is made and changes to the by law and• When a major proposal is made and changes to the by-law and plan are made we can invoke a process – public notice – public engagement – studies – additional approval authority.

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Why do we consider changes to the OP and zoning?

• If the OP and zoning are set exactly to accommodate only the g y ydevelopment desired, then no further approvals are required and the matter need only receive a site plan and building permitpermit.

• This does not guarantee public involvement or further studies and analysis.

• The Planning Act and the process acknowledge this and provide statutory process requirements.

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Why do we consider changes to the OP and zoning?

• Cities evolve and change in ways that are not predictableg y p• Planning policy and regulation are an inexact science. It is not

possible or practical to create in advance a set of policies an l ti th t b li d ith t dj t t f thregulations that can be applied without adjustment for the

foreseeable future. • Planning is not “prediction” – it is policy made in a g s ot p ed ct o t s po cy ade

“anticipation” of change designed to manage change.

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Why do we consider changes to the OP and zoning?

• The planning process acknowledges this with opportunities p g p g ppand a rigorous process for managing change

• Change can be . . . – Initiated by municipality– Initiated by private individuals– Required periodically by statutory review (5 years)

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The Back Pages of the Planning Act: E f t d I l t tiEnforcement and Implementation

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The “Back Pages” of the Planning Act –The Back Pages of the Planning Act Making it all Work

D l t A li ti (DAAP) F i d• Development Application (DAAP) Fees – waiver and appeal

• Offences• Regulations by the minister

– Notice requirements, forms and information– Timing of events and consultation

• Rules for the conduct of committees and boards• Alternative methods of development approval Regulations

for the establishment of a “Development Permit System”

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End