Planning Primer Legislative Background, Policy Documents and Development Review Processes. Presented by: Planning Services Date: April 6, 2017

Transcription

1 Planning Primer Legislative Background, Policy Documents and Development Review Processes Presented by: Planning Services Date: April 6, 2017

2 Agenda Legislative Background 7:30 to 8:00 pm Questions 8:00 to 8:15 pm Development Review 8:15 to 8:45 pm Questions 8:45 to 9:00 pm

3 Land Use Planning involves Managing change; Managing land and resources; Determining where land uses belong within a community; Helping a community to set goals for growth; Working out ways of reaching those goals while keeping important social, economic and environmental concerns in mind; Balancing the interests of a property owner with the wider interests and objectives of the whole community.

4 LAND USE POLICY: PRIMER I Non-statutory Master Plans Transportation Infrastructure Greenspace Cycling Pedestrian Ontario Planning Act { }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)

5 The Planning Act

6 The Planning Act is the Province s primary vehicle to: Section 1.1 The purposes of this Act are, (a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act; (b) to provide for a land use planning system led by provincial policy; (c) to integrate matters of provincial interest in provincial and municipal planning decisions; (d) to provide for planning processes that are fair by making them open, accessible, timely and efficient; (e) to encourage co-operation and co-ordination among various interests; (f) to recognize the decision-making authority and accountability of municipal councils in planning.

7 Establishes the Provincial lead by: Identifying areas of Provincial Interest (Section 2) Authorizing Provincial Policy Statements (Section 3) Providing explicit direction to municipalities regarding Official Plans, Zoning By-laws, Site Plan Control, Plan of Subdivision, severances (consents), minor variances (remaining Sections of the Act)

8 Authorizes municipalities to: Adopt Official Plans Implement plans through land use controls zoning by-law, site plan, and other tools (e.g., parkland dedication, community benefits in exchange for height or density) Create legal parcels of land through subdivision or severance Adopt community improvement plans for physical, social and environmental change in defined areas

9 Land use is also regulated through: Building Code Act City of Ottawa Act, 1999 Conservation Authorities Act Condominium Act, 1998 Development Charges Act Drainage Act Endangered Species Act Environmental Assessment Act Environmental Protection Act Fisheries Act Municipal Act Ontario Heritage Act Ontario Water Resources Act

10 The Provincial Policy Statement

11 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)

12 Provincial Policy Statement (PPS) Municipal decisions made under the Planning Act shall be consistent with the direction of the PPS The PPS establishes broad provincial directions for planning and provides consistency across the province Section 3. (1) The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest.

13 Divided into three sections Building Strong, Healthy Communities Wise Use and Management of Resources Protecting Public Health and Safety

14

15 Building Strong Healthy Communities Healthy, liveable and safe communities are sustained by... efficient development and land use patterns... In rural areas, rural settlement areas shall be the focus of growth... Planning authorities shall plan for and protect corridors and rights-of-way for infrastructure...

16 Wise Use and Management of Resources Development and site alteration shall not be permitted in significant wetlands... The creation of new residential lots in prime agriculture areas shall not be permitted, except for (surplus farm residences)

17 Protecting Public Health and Safety Development shall generally be directed to areas outside of...hazardous lands adjacent to river, stream and small inland lake systems... Planning authorities shall consider the potential impacts of climate change that may increase the risk associated with natural hazards.

18 The Official Plan And other municipal planning tools

19 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)

20 Purpose of an Official Plan An Official Plan shall contain: Goals, Objectives and Policies to manage and direct physical change and the effects on the social, economic, built and natural environment measures and procedures for informing and obtaining the views of the public 20

21 City Growth Projections ,200 new people 123,000 new dwellings 157,500 new jobs

22 Volume 1: Official Plan Section 1: Introduction Section 2: Strategic Directions Section 3: Designations and Land Use Section 4: Review of Development Applications Section 5: Implementation Schedules Annexes

23 Section 1: Introduction Sections 1 and 2 Context and goals for a sustainable city Section 2: Strategic Directions Establishes how: Urban and rural growth will be managed Infrastructure will be provided Environmental integrity will be maintained Liveable communities will be created

24 Section 3 Identifies Section 3 : Designations Areas of land use (designations) linked to maps The purpose of the designation Use / development that is permitted The conditions under which use /development will be permitted

25

26

27 Sections 4 and 5 Section 4: Review of Development Applications What needs to be considered and what information is required to support development proposals Section 5: Implementation Tools required to be identified in the Plan if they are to be used by the City i.e. Site Plan City required procedures for Information and Consultation

28 We are online ottawa.ca/officialplan

29 Secondary Plans Part of the Official Plan same legal status More detail and usually area or subject specific Same processes to amend as Official Plan Where significant growth and change is anticipated! LRT Station Areas: Transit-Oriented Development (TOD) Studies Mainstreets Mixed-use Centres Town Centres Villages Developing Communities

30

31

32 Also online

33 How are changes to an OP initiated? By the City in response to: Changes in legislation Major Study Direction of Council Comprehensive review (every 5 years) By an external application By the Minister of Municipal Affairs and Housing

34 Comprehensive Review Required by Planning Act Periodic review within five years of the Plan coming into effect Guided by Provincial Policy Statement Review projections (up to 20 years) Population, housing, jobs, land, etc. Official Plan sets other requirements

35 Implementation Tools Community Design Plans (CDPs) Council-approved non statutory planning exercise translates the policies of the Official Plan for specific areas Development review process Development charges Planning Act, Section 37 Land acquisition and dedication Council-approved documents Design guidelines, Urban Design Review Panel Engineering Standards etc. Zoning By-law

36 Zoning Comprehensive Zoning By-law

37 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)

38 Zoning By-law A set of regulations that controls development in a specific geographic area Enabled by the Ontario Planning Act (Section 34) Carries out the policies in the Official Plan, as approved by Council

39 Zoning By-laws Regulate The use of land Location of buildings and structures Building height Setbacks from lot lines Parking requirements

40 Zoning By-laws CANNOT Prevent the use of any building that was lawfully used and continues to be used for such purpose on the day the by-law is passed (non-conformity/non-compliance) Distinguish between persons who are related and unrelated Distinguish on the basis of ownership or occupancy, race, religion, economic status, etc. Prohibit access to communications and utilities Regulate architectural design, landscaping materials or construction materials (done through site planning) Regulate development on public rights-of-way or lands under the authority of other levels of government

41 How it works Zoning by-laws are constructed around a framework of zones, such as Residential, Commercial, Institutional, Industrial, Environmental, Agricultural etc. These zones implement policies in the OP for the various land use designations shown in Schedules A and B of the OP Each zone contains provisions specifying where the building may be located on the lot and the maximum size of the building The By-law also regulates the location and number of parking spaces required and includes special provisions for certain uses

42 Photo : Guylaine Chartier

43 Property Lines Corner Triangle Photo : Guylaine Chartier

44 Building Envelope Uses Detached Dwelling Secondary Dwelling Unit Bed & Breakfast Group Home Permitted projections into required yards Maximum Building Height Photo : Guylaine Chartier

45 What if you can t comply with the Zoning By-law? Apply for a minor variance through the Committee of Adjustment; or Apply to amend the zoning of the property. NB: both minor variances and zoning by-law amendments must comply with the policies of the Official Plan and can be refused, or appealed to the Ontario Municipal Board.

46 Key Messages The planning process is established by the province. A hierarchy of planning exists in Ontario: The Official Plan must be consistent with the PPS The Zoning By-law must conform to the OP YOU are an important player in the planning process