Development Approvals

Transcription

1 Planning and Development Approvals Martin Rendl, MCIP, RPP 1

2 Overview What is planning? Why is planning relevant to architects? What planning instruments apply? Successfully navigating the municipal planning approvals process 2

3 Themes in Planning Historic Civic form and beauty Public health and services Living conditions Current Managing growth Regulating land use and development Transportation 3

4 What is Planning? Planning reaches into every aspect of daily life As communities develop, planning shapes: Where we live, work, shop, learn and play How we move How our communities look The quality of public & private spaces 4

5 Purpose of Planning in Ontario Private land and development is regulated in the public interest Planning balances the rights of property owners with wider community interests Ontario has a policy led planning system 5

6 Why is Planning Relevant to Architects? 1. You need planning approvals to get the project built 2. Planning legislation defines the development approval process 3. Some planning approvals are applicable law under the OBC Act 4. Influences the design of communities and buildings 5. Defines rules and context for buildings 6

7 Planning Legislation and Instruments 7

8 Roles and Responsibilities Province of Ontario 1. Enacts the legislation municipalities follow in their planning 2. Issues policy statements 3. Protects provincial interests 4. Ontario Municipal Board adjudicates planning disputes 8

9 Roles and Responsibilities Municipalities 1. Develop local planning policies and rules 2. Approve Official Plans, Zoning By-laws, Site Plans, Subdivisions, Design Guidelines, Heritage Conservation 3. Articulate local interests in planning 9

10 Main Planning Instruments Province of Ontario Provincial Policy Statement Growth Plans Municipalities Official Plans Zoning By-laws Plans of Subdivision Site Plan Control 10

11 Provincial Policy Statement Issued for land use planning matters considered of provincial interest Building strong communities, wise management of resources, public health and safety, sustainable design Municipal planning decisions must be consistent with PPS policies New PPS, April 30,

12 The Greenbelt Plan Oak Ridges Moraine, Niagara Escarpment plus other lands 1.8 million acres 160 km long Protects environmentally sensitive natural heritage & agricultural lands 12

13 Places to Grow Act 2006 Growth Plan for the Greater Golden Horseshoe Vision for million more people 1.8 million more jobs Where and how to grow Draft Growth Plan for Northern Ontario 13

14 Provincial Legislation Ontario Planning Act Authority for municipalities to plan and control development Requires local decisions to be consistent with provincial policies Sets the rules for municipal control of land use and development Sets out approval processes, time frames, and appeal provisions 14

15 Municipal Planning Instruments Under Planning Act Official Plan Zoning By-law Plan of Subdivision Site Plan Control Interim Control Demolition Control 15

16 The Planning Act Provincial Policy Statement Official Plan Zoning By-law Subdivision Site Plan Control Secondary Plan Comm. Imp. Area Minor Variance Special Zoning Consent Condominium Site Plan Agreement 16

17 Municipal Planning Instruments Condominium Act Condominium Plan Ontario Heritage Act Heritage Conservation District Designated Heritage Property 17

18 Official Plan 18

19 Official Plan Adopted by a local or regional municipality Local OP conforms with policies of regional OP Policy framework for its planning mandate Goals, objectives, and policies Growth management strategy Guides all municipal planning decisions Directs physical change Coordinates land use with infrastructure Needs to be updated at least every 5 years 19

20 Town of Grimsby Official Plan 20

21 Secondary Plan Part of an Official Plan More detailed policies and land use designations for specific areas in a municipality Address local issues and context Examples: King-Spadina, Downtown Hamilton, North Leslie 21

22 North Leslie Secondary Plan 22

23 Example: OP Policy Development adjacent to neighbourhoods will: a) Be compatible; b) Provide a gradual transition of scale and density through the stepping down of buildings towards and setbacks from those neighbourhoods; c) Maintain adequate light and privacy for residents; d) Attenuate traffic and parking impacts on adjacent streets. 23

24 Zoning 24

25 Zoning By-law Chief tool municipalities use to control development Separates land uses into zones Sets development standards for each zone 25

26 Zoning By-law G Park R Residential CR Mixed Use MCR Mixed Use 26

27 Zoning By-law Standards specify: Permitted use of land and buildings Building type, height, density, setbacks, massing Site coverage Required parking, loading area, landscaping, etc. As-of-right permission By-law permits exactly the use or building Amendment/Rezoning needed Proposed use and/or building not permitted Apply to Council for an amendment to the zoning by-law to permit 27

28 Zoning By-law 28

29 Example: Zoning By-law 29

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32 Zoning By-laws Often complex and cumbersome documents Numerous general and site specific amendments May be out of date or poorly written Issues of interpretation Blunt tool for matters of design 32

33 Example 33

34 Plan of Subdivision 34

35 Plan of Subdivision How a municipality controls the division of land into lots and blocks Prevents unplanned urban growth and growth without municipal services Key instrument in managing urban expansion 35

36 Plan of Subdivision Road and lot pattern Dedication of public lands (streets, parks, school sites, SWM ponds) Draft plan approval by municipality with conditions Plan is registered in Land Registry Office 36

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38 Example: Plan of Subdivision 38

39 Site Plan & Architectural Control 39

40 Site Plan & Architectural Control Addresses detailed site-specific matters of development Parking, walkways, lighting, fences, landscaping, building massing and elevations Conditions of development imposed Site plan agreement and securities ensure provision and maintenance of facilities Agreement registered on title 40

41 Site Plan & Architectural Control Site plan approval includes: Architectural control Matters relating to the exterior design including character and scale Sustainable design 41

42 Site Plan Approval 42

43 Example: Site Plan Approval 43

44 Example: Site Plan Approval 44

45 Site Plan & Sustainable Design Sustainable design addressed as a matter of the exterior design of buildings Solar panels, green roofs Also elements on road allowance Vegetation, street furniture, bicycle parking, permeable pavers 45

46 Applicable Law Building Code Act, 1992 ONTARIO REGULATION 350/06 BUILDING CODE 46

47 Applicable Law Ontario Regulation 350/06 (Building Code) under the Building Code Act identifies statutes and regulations that are applicable law Building permit application must comply with applicable law before the CBO can issue building permit Municipality can advise of current applicable laws 47

48 Applicable Planning Law Planning Act instruments that are applicable law: Zoning By-law S.34 Demolition Control Area S.33 Interim Control By-law S. 38 Site Plan Approval S.41 Payment of cash-in-lieu of parks S.42 Minor Variance S

49 Applicable Planning Law Development Permit By-law Mobile or land lease community homes S.46 Minister s Zoning Order S.47 Registration of plan or deed required for zoning compliance Part VI 49

50 Applicable Planning Law Ontario Heritage Act Heritage Conservation District Property designated by Minister of Culture Demolition of heritage property S. 34 City of Toronto Act Site Plan Control Fortification of land and application of protective elements to buildings 50

51 Questions 51

52 Success Navigating Planning Approvals 52

53 Planning Approvals Types of applications architects deal with most frequently: 1. Official Plan Amendment (site specific) 2. Rezoning (site specific) 3. Site Plan Control Approval 4. Minor Variance Approval 5. Consent 6. Heritage building 53

54 Role of the Architect Depending on project, acts alone or as part of a client s team Advises client on the development potential of land - risks, potential Researches and coordinates plans and information Designs the project 54

55 Role of the Architect Helps in the approval process Participates in meetings, negotiations, presentations to public Reviews draft zoning by-laws to ensure intended building can be built Gives expert evidence at OMB on matters within his/her expertise 55

56 Design and the Approval Process All projects should strive for design excellence Creative design can be a positive factor in processing planning applications Design with unique zoning standards for a site may be preferable to following general standards that would produce a less desirable or suitable design for the site 56

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59 Your First Question Do you design the best project for the site without regard for existing planning regulations and then determine what amendments are needed? or Do you review the planning regulations first and then design as of right, applying for amendments only if needed? 59

60 The Answer: It Depends! Deciding Factors: Client s objectives Municipal planning objectives Potential opposition/support Suitability of existing planning regulations Complexity and cost of approvals process Time carrying costs, market considerations 60

61 Role of Design Good architecture alone does not guarantee success of application Some innovative approaches can be a public benefit e.g., BCE Place Atrium = public art contribution 61

62 Planning Approval Process Each planning instrument has its own: Approval process Approval time frame Approval authority (Council, Committee, staff) All municipalities act under the same planning legislation - but implement it locally their way Approval practices and expectations vary across municipalities 62

63 Where to Start? Talk to the local planner first! Know the planning requirements and context before you start anything it saves time and wasted effort 63

64 Types of Planning Approvals 1. As-of-right permission (OP, Zoning) 2. Approval of an amendment needed (OP, Zoning) 3. Variance approval (Zoning) 4. Administrative & discretionary approvals (Site Plan) 5. Appeal of a municipal decision to the Ontario Municipal Board (All) 64

65 Approval Timeframes Timing to approval: months to years Factors: Nature of proposed development (e.g., use, height, density) Technical issues (e.g., traffic, servicing) Location in community Extent to which planning policies and staff support the application Public: neighbours, residents groups NIMBYism and politics Approvals can run in parallel or sequentially, depending on project 65

66 Typical Approval Process Submit Application Circulate for Comment Staff Report & Public Meeting Council Decision 66

67 Complete Application Regulations define what constitutes a complete planning application Plans, information, reports, etc. Municipality can further define requirements in its Official Plan Municipality can refuse to accept an incomplete application Affects OPA, ZBA, Plan of Subdivision, Consent Time period for appeal begins only when municipality confirms receipt of a complete application 67

68 Pre-Application Consultation Municipality can require applicant to consult with it before submitting an application OPA, ZBA, Site Plan Control, Plan of Subdivision Municipality cannot deny applicant s request to consult 68

69 1. Official Plan Amendment Usually site specific Change in use or increase in height and density Corresponding rezoning application 69

70 6 12 Months Submit Complete Application Official Plan Amendment Approval Process Amendment May be Appealed to OMB Staff Circulate Application to Departments & Agencies Preliminary Report to Planning Committee Notice Sign Posted on Property Notice Mailed to Owners Within 120 metres Recommendation Report to Planning Committee Committee Recommends to Council Council Passes Official Plan Amendment 70

71 2. Zoning By-law Amendment Rezoning of site Amendment to the zoning by-law to permit the proposed use and/or building Height, density, setbacks, parking, etc. 71

72 6 12 Months Submit Complete Application Zoning By-law Amendment Approval Process By-law May be Appealed to OMB Staff Circulate Application to Departments & Agencies Preliminary Report to Planning Committee Notice Sign Posted on Property Notice Mailed to Owners Within 120 metres Recommendation Report to Planning Committee Committee Recommends to Council Council Passes By-law Amendment 72

73 3. Site Plan Control Approval Zoning permits the proposed development Application submitted Applicant provided comments Resubmission to municipality No public meeting or notice for application Council can delegate approval of application to staff 73

74 2 6 Months Site Plan Approval Process Applicant May Appeal Conditions to OMB Submit Complete Application Staff Circulate Application to Departments & Agencies Report to Planning Committee Application Approved with Conditions Staff Approve with Conditions 74

75 4. Minor Variance Approval Minor relaxation from the strict application of a zoning standard, e.g., height, setback, floor area, use Common application for renovations, additions, infill construction 75

76 Example: Minor Variance 76

77 2 Months Minor Variance Approval Process Decision May be Appealed to OMB Submit Complete Application Internal and External Review Completed Notice Sign Posted on Property Notice Mailed to Owners Within 60 metres Committee of Adjustment Meeting Application Approved or Refused 77

78 5. Consent Creating one or more lots from an existing lot (small scale) No plan of subdivision considered necessary but same criteria applied Approved by the Committee of Adjustment or Land Division Committee Conditions of approval 78

79 3 12 Months Submit Complete Application Consent (Land Severance) Approval Process Decision May be Appealed to OMB Staff Circulate Application to Departments and Agencies Notice Sign Posted on Property Notice Mailed to Owners Within 60 metres Committee of Adjustment Meeting Application Approved or Refused 79

80 Heritage Conservation Ontario Heritage Act Designated buildings Buildings in Heritage Conservation Districts Regulates: alterations additions demolition new construction 80

81 4 6 Months Heritage Approval Process Refusal May be Appealed to OMB Submit Complete Application Staff Review Application Report to Heritage Committee Recommendation to Council Application Approved or Refused 81

82 Public Participation Most planning approvals require specific kinds of public participation e.g., Notice of Public Meeting on application Additional consultation often required by municipalities e.g., Open house, Charette, Community Meeting 82

83 Public Participation Up-front investment in consultation increases chances of success Enhanced public engagement outside the formal requirements helps greatly Share information in informal settings Discuss issues Explore mutually acceptable options 83

84 Design Tools in Planning 1. Design Panels (Peer Review) 2. Design Guidelines 84

85 1. Design Panels Used by several municipalities and public agencies Vancouver, Toronto, Ottawa, Waterfront Toronto, Mississauga Includes qualified professionals architects, planners, landscape architects, engineers Focus on urban design, public realm Objective, professional advice Advisory only do not approve 85

86 2. Design Guidelines Set out design criteria for the public realm and site designs Guidelines developed by: The municipality for types of development (e.g., drive-thrus, infill townhouses) or for specific areas Landowners for their specific projects Architectural control guidelines in subdivision design control 86

87 Example Street Definition Minimize the visibility of garages from the street Buildings designed with front porches and bay windows and other elements to provide interest along the street façade and passive overlook to the street Ensure a variety of building types, designs and lot widths throughout the neighbourhood to provide a varied and interesting streetscape. 87

88 This Not This 88

89 Appeals in Planning Approvals 89

90 Appeals in Planning Approvals Planning legislation and approval process includes appeal provisions for parties: Applicant, municipality, agency, public To appeal a council decision, a person or public body must have made a submission to the municipal council 90

91 Appeals in Planning Approvals Reasons for appeal: Disagree with the decision made by approval authority Failure to make a decision on an application Dispute about: Conditions of approval Complete application requirements Planning application fees 91

92 Ontario Municipal Board Ontario Municipal Board deals with all planning appeals OMB is a Provincial adjudicative tribunal Independent Members appointed by Provincial Cabinet Hearings held across Ontario 92

93 OMB Reform Calls for abolition by Toronto & Mississauga Local Appeal Body (LAB) Appeals of minor variances & consents (Committee of Adjustment decisions) Toronto LAB starts later in

94 OMB Process Mediation OMB Receives Appeal Appeal is Reviewed and Proceeds to One or More Processes Motion Pre- Hearing Hearing 94

95 OMB Hearing Appeal documents submitted to OMB by municipality OMB file is public Hearing conducted by one or more OMB members Court like procedure 95

96 OMB Hearing Witnesses sworn or affirmed to tell the truth Presentation of cases usually led by lawyers for parties Evidence by expert witnesses Planning, urban design, transportation, environment, other disciplines 96

97 OMB Hearing Residents and public heard as a party or participant Party may call witnesses and crossexamine other witnesses Decision based on evidence heard at hearing Planning evidence is critical to the merits of the case and the Board s decision 97

98 Considerations in OMB Decision Does proposal conform to planning policies? Does it represent good planning? E.g., compatible, cost efficient, compact form, preserves natural features, wise resource management Design can influence the decision Evaluates design based on urban design factors and adverse impact 98

99 Summary Province sets planning framework Municipalities plan based on local policies and expectations Application based approval process Planning approvals Planning policies and objectives Pre-consultation & context Complete application Public participation Appeals Planning approvals are applicable law 99

100 In Closing... Do your homework Follow the rules Be a team player Know when you need help Consult and engage the public Be a good neighbour Aim for excellence 100

101 Questions 101