planning and 2014 development approvals planning approvals ppt.pdf · planning and development...

Planning and Development Approvals

OAA Admission Course 1

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Planning and

Development Approvals

Martin Rendl, MCIP, RPP

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• What is planning?

• Why is planning relevant to

architects?

• What planning instruments

apply?

• Successfully navigating

the municipal planning

approvals process

Overview

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Historic

• Civic form and beauty

• Public health and services

• Living conditions

Current

• Managing growth

• Regulating land use and

development

• Transportation

Themes in Planning



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• 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

What is Planning?

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• 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

Purpose of Planning

in Ontario

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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

Why is Planning Relevant to

Architects?



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Planning Legislation

and Instruments

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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

Roles and Responsibilities

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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



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Province of Ontario

• Provincial Policy Statement

• Growth Plans

Municipalities

• Official Plans

• Zoning By-laws

• Plans of Subdivision

• Site Plan Control

Main Planning Instruments

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Provincial Policy Statement -

2005

• 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

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The Greenbelt Plan - 2005

• Oak Ridges Moraine,

Niagara Escarpment plus

other lands

• 1.8 million acres

• 160 km long

• Protects environmentally

sensitive natural heritage

& agricultural lands



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• 2006 Growth Plan for the Greater Golden Horseshoe

• Vision for 2031

• 3.7 million more people

• 1.8 million more jobs

• Where and how to grow

• 2009- Draft Growth Plan for Northern Ontario

Places to Grow Act

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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

Provincial Legislation

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Under Planning Act

• Official Plan

• Zoning By-law

• Plan of Subdivision


• Interim Control

• Demolition Control

Municipal Planning Instruments



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The Planning Act

Provincial

Policy

Statement

Secondary Plan

Comm. Imp. Area

Minor Variance

Special Zoning

Consent

Condominium

Site Plan

Agreement

Official Plan

Zoning By-law

Subdivision

Site Plan Control

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Condominium Act

• Condominium Plan

Ontario Heritage Act

• Heritage Conservation

District

• Designated Heritage

Property

Municipal Planning Instruments

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Official Plan



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• 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

Official Plan

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Town of Grimsby Official Plan

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• 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

Secondary Plan



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North Leslie Secondary Plan

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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.

Example: OP Policy

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Zoning



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• Chief tool municipalities use to control development

• Separates land uses into zones

• Sets development standards for each zone

Zoning By-law

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G – Park

R – Residential

CR – Mixed Use

MCR – Mixed Use

Zoning By-law

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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



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Zoning By-law

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Example: Zoning By-law

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Plan of Subdivision

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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



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Example

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• 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

Plan of Subdivision

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• 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

Plan of Subdivision



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Example: Plan of Subdivision

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Site Plan & Architectural Control



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• 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


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• Site plan approval includes:

• Architectural control

• Matters relating to the exterior design

including character and scale

• Sustainable design


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Site Plan Approval



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Example: Site Plan Approval

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Example: Site Plan Approval

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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



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Applicable Law

Building Code Act, 1992

ONTARIO REGULATION 350/06

BUILDING CODE

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• 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

• Ongoing review of applicable laws

• Latest additions September 2009, O.Reg 365/09

Applicable Law

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• 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. 45

Applicable Planning Law



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• 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


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• Ontario Heritage Act

• Heritage Conservation District

• Property designated by Minister of Culture

• Demolition of heritage property – S. 34

• City of Toronto Act


• Fortification of land and application of protective elements to buildings


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Questions



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Success Navigating

Planning Approvals

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• 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

Planning Approvals

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• 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

Role of the Architect



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• 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

Role of the Architect

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• 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

Design and the

Approval Process

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• 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?

Your First Question

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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

The Answer: It Depends!



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• 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

Role of Design

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• 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

Planning Approval Process

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• Talk to the local planner first!

Where to Start ?

• Know the planning requirements and context before you start anything … it saves time and wasted effort



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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)

Types of Planning Approvals

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• Timing to approval: months to years

• Factors: • Nature of proposed development (e.g., use,

height, density)

• Technical issues (e.g., traffic, services)

• 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

Approval Timeframes

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Typical Approval Process

Submit

Application

Circulate

for

Comment

Staff

Report &

Public

Meeting

Council

Decision



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• 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

Complete Application

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• 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

Pre-Application Consultation

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• Usually site specific

• Change in use or

increase in height

and density

• Corresponding

rezoning application

1. Official Plan Amendment



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Submit Complete Application

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

Amendment May be

Appealed to OMB

Official Plan

Amendment

Approval

Process

6 –

12

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• Rezoning of site

• Amendment to the

zoning by-law to

permit the proposed

use and/or building

• Height, density,

setbacks, parking, etc.

2. Zoning By-law Amendment

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Preliminary Report to Planning Committee



Recommendation Report to Planning Committee

Committee Recommends to Council

Council Passes By-law Amendment

By-law May be

Appealed to OMB

Zoning

By-law

Amendment

Approval

Process

6 –

12

Mo

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• 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

3. Site Plan Control Approval

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Report to Planning Committee

Application Approved with Conditions

Staff Approve with Conditions

Applicant May

Appeal

Conditions to

OMB

Site Plan

Approval

Process

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• Minor relaxation from

the strict application

of a zoning standard,

e.g., height, setback,

floor area, use

• Common application

for renovations,

additions, infill

construction

4. Minor Variance Approval



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Example: Minor Variance

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Internal and External Review Completed



Committee of Adjustment Meeting

Application Approved or Refused

Decision May be

Appealed to OMB

Minor

Variance

Approval

Process

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• 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

5. Consent



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Staff Circulate Application to Departments and Agencies



Committee of Adjustment Meeting


Decision May be

Appealed to OMB

Consent

(Land

Severance)

Approval

Process

3 –

12

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Heritage Conservation

• Ontario Heritage Act

• Designated buildings

• Buildings in Heritage Conservation Districts

• Regulates:

• alterations

• additions

• demolition

• new construction

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Staff Review Application

Report to Heritage Committee

Recommendation to Council


Refusal May be

Appealed to OMB

Heritage

Approval

Process

4 –

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• 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

Public Participation

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• 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

Public Participation

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1. Design Panels (Peer Review)

2. Design Guidelines

Design Tools in Planning



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• Used by several municipalities and public

agencies

• Vancouver, Toronto, Ottawa, TWRC

• Includes qualified professionals –

architects, planners, landscape architects,

engineers

• Focus on urban design, public realm

• Objective, professional advice

• Generally advisory only – do not approve

1. Design Panels

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• 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

2. Design Guidelines

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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.



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This … …Not This

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Appeals in Planning Approvals

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• 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




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• 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


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• Ontario Municipal Board deals with all planning appeals

• OMB is a Provincial adjudicative tribunal

• Independent

• Members appointed by Provincial Cabinet

• Hearings held across Ontario

Ontario Municipal Board

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OMB Process

OMB Receives Appeal

Appeal is Reviewed and Proceeds to One or More

Processes

Mediation Motion Pre-

Hearing Hearing



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• Appeal documents submitted to

OMB by municipality

• OMB file is public

• Hearing conducted by one or more

OMB members

• Court like procedure

OMB Hearing

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• 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

OMB Hearing

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• Residents and public heard as a party or

participant

• Party may call witnesses and cross-

examine other witnesses

• Decision based on evidence heard at

hearing

• Planning evidence is critical to the merits

of the case and the Board’s decision

OMB Hearing



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• 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

Considerations in OMB Decision

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• 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

Summary

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• 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

In Closing...



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Questions

planning and 2014 development approvals planning approvals ppt.pdf · planning and development...

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