HomeMy WebLinkAboutPD-156-85 TOWN OF NEWCASTLE
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REPORT File # � F, di')_
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: November 4, 1985
REPORT #: PD-156-85 FILE #: 85-42/D
SURJECT: PROPOSED AMENDMENT
DURHAM REGIONAL OFFICIAL PLAN
SITE PLAN CONTROL POLICIES
RECOMMENDATIONS:
1. THAT Report PD-156-85 be received; and
2. THAT the Region of Durham be advised that the Town of
Newcastle objects to the proposed amendment to the
Durham Regional Official Plan in respect of Site Plan
Control , as contained in Commissioner's Report 85-146;
and
3. THAT the Region of Durham be advised that the Town
would have no objection to an amendment which is
limited to encouraging the use of Site Plan Control and
identifying right-of-way and sight triangle dedication
requirements.
REPORT NO. : PD-156-85 Page 2
BACKGROUND AND COMMENT:
On September 3, 1985, the Regional Planning Committee considered
Commissioner's Report 85-146 in respect of Site Plan Control .
Said report recommended an amendment to the Durham Regional
Official Plan to incorporate Site Plan Control Policies. This
report has been circulated to area municipalities for input.
Staff have reviewed the proposed amendment and have the following
comments.
Site Plan Control is a regulatory tool , provided by the Planning
Act, which permits a local municipality to review and regulate
site specific development proposals. It is a tool that is under
the jurisdiction of local municipalities only, Section 40(2) of
the Planning Act, and can only be used if an Official Plan
illustrates or describes a site plan control area. An upper tier
municipality and it's authority, related to site plan control , is
limited to areas abutting Regional roads. In such instances a
local municipality may not approve a development until the
regional municipality has been afforded a reasonable opportunity
to secure, by agreement or otherwise, any road widenings, access
controls or parking facilities.
Guideline 9 of the Ministry of Municipal Affairs and Housing
provides guidance to municipalities considering the use of Site
Plan Control . This guideline states in part:
"The authority to pass site plan control by-laws is an
exclusive local power. Therefore, in most cases, the local
official plan can most reasonably show or describe the
proposed site plan control area. This would ensure the
most straight forward public notice. However, where there
is no local official plan, the proposed site plan control
area can appropriately be shown or described in the upper
tier official plan."
. . .3
REPORT NO. : PD-156-85 Page 3
It would appear obvious that the Province intended site plan
control policies to be contained within local official plans
wherever such plans exist. Given the fact that each of the area
municipalities have Official Plans in effect or under
consideration, and the fact that, at least five (5) of these plans
contain site plan control policies or amendments are being
proceeded with, contrary to statements contained in the Regional
Staff Report, Staff question the rationale for including policies
related to a local function within the Regional Official Plan.
In consideration of the foregoing and inasmuch as Regional Staff
have stated that the proposed policies are an interim measure
only, it would seem more prudent to encourage a more permanent
solution by recommending the amendment of local plans which do not
yet have the necessary policies in place.
If Regional Staff feel that a policy statement is necessary within
the Regional Plan, it should be limited in scope and reflect
concerns of a Regional nature only. Anything else, in Staff's
opinion, would reduce local planning autonomy and authority.
* With respect to the proposed Regional amendment, copy attached,
Staff have the following comments.
Section 16.15.1 - This section contains a general encouragement
supporting use of Site Plan Controls. Staff
have no objection to this wording and would
suggest that similar wording is presently found
in Section 16.7.1 in respect of Development
Agreements. This is, perhaps, a more
appropriate location for a Site Plan Control
Policy given the existing format of the plan.
. . .4
i
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REPORT NO. : PD-156-85 Page 4
Section 16.15.2 - This section attempts to define proposed site
plan control areas. Staff have no objection to
the use of the first sentence of this section.
The remainder of the policy should be deleted.
If a local municipality chooses or expects to
use site plan control , a local responsibility,
then it is incumbent upon that municipality to
initiate the necessary amendment to their
Official Plan.
Section 16.15.3 - This section relates to definition of site plan
control exemptions and Staff, again, feel that
this should be a matter determined by each local
municipality based upon their own expectations
for site plan control .
Section 16.15.4 - This section merely repeats the provisions of
Section 40(2) of the Planning Act and is,
therefore, redundant.
Section 16.15.5 - This section identifies roads for which road
widenings may be required and specifies maximum
right-of-way widths and the means of acquiring
same. Staff feel that this can be achieved
through the local plans. In any event this
section and Section 16.15.6, in respect of sight
triangles is more appropriately included within
Section 13 - Transportation Network, of the
Regional Plan where right-of-way widths are
already specified.
Section 16.15.7 - This section merely reinforces the provisions of
Section 40(8) of the Planning Act and is,
therefore, redundant since local municipalities
are obligated, by legislation, to consult with
the upper tier municipalities.
. . .5
REPORT NO. : PD-156-85 Page 5
Section 16.15.8 - This section repeats the authority presently
contained in Section 40(7)(c) and 40(8)(b) of
the Planning Act. Inclusion of this policy is,
therefore, redundant.
Section 16.15.9 - This section deals with a matter of local
concern which can be provided for through the
implementing site plan control by-law. The
authority to do so already exists in the
Planning Act.
Based on the foregoing, Staff cannot recommend support for the
amendment as proposed by Regional Planning Staff. It is Staff's
opinion that substantial portions of the amendment are repetitive
of existing legislative authority or address matters of a purely
local nature. Staff are, therefore, recommending that the Region
of Durham be advised that the Town of Newcastle objects to the
proposed amendment.
Respect ' ted,
T.T. Edwards, M.C.I .P.
Director of Planning
TTE*j i p
*Attach.
October 17, 1985
Uh
DURHAM PI anni ng Department
Commissioner' s Report to Planning Committee
Report No. 85146
Date: September 3, 1985
SUBJECT
SITE PLAN CONTROL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40 OF THE PLANNING
ACT, FILE: O.P.A. GENERAL
RECOMMENDATIONS
1. THAT the Planning Committee authorize staff to advertise in the appropriate
newspapers that the Planning Committee and Regional Council will be
considering an amendment to the Durham Regional Official Plan in accordance
with Appendix I to Commissioner' s Report No. 85-146; and
2. THAT Commissioner's Report No. 85-146 be forwarded to the area municipalities
for input.
REPORT
1. Background
1 .1 On March 5, 1985, Planning Committee received for information correspondence
from the Assistant Deputy Minister of Municipal Affairs and Housing advising
that site plan control as provided in the Planning Act, 1983, will come into
force on January 1, 1986. At the time, staff indicated that the need for
inclusion of policies relative to site plan control in the Durham Regional
Official Plan was under investigation .
1 .2 Site plan control allows a local municipality (a Regional municipality is
discussed in Section 1 .3 below) to require that development proposals within
designated areas be submitted to the municipality for approval and
construction be carried out in accordance with approved plans . It provides a
means for controlling certain aspects of building and site design and
landscaping; it provides for the conveyance of road widenings and easements
for services; and it provides for an agreement(s) which will ensure the
development will proceed in accordance with the plans that are approved.
This supercedes provisions contained in the previous Planning Act for site
plan control .
1 .3 Site plan control also provides for Regional involvement in the process. For
developments that are Linder site plan control on land abutting Regional
roads, the Region may require road widenings, access ramps, curbing, traffic
8
1uCd�
Commissioner' s Report No. 85-146 Page 2
4
signals, and other specified facilities. In addition, the Region may require
that the owner enter into one or more agreements in regard to these matters.
The Planning Act requires that the local municipalities, prior to the
approval of plans and drawings, advise the Region to allow a reasonable
opportunity for its involvement.
1.4 The Planning Act requires 'that proposed site plan control areas be described
in an official plan before a local municipality can designate by by-law site
plan control areas. The site plan control areas can be described in either
the Regional or local official plans or both. In addition, where either the
local municipality or the Region wishes to take road widenings in accordance
1 with the site plan control provisions, the relevant official plans must
contain appropriate policies related to the extent of such widening.
2. Comments
2.1 It is appropriate to include provisions in the Durham Regional Official Plan
for site plan control in order to:
A
i ) encourage the use of site plan control for appropriate developments;
ii ) designate proposed site plan control areas to allow the use of site
plan control in municipalities not having policies in the local
official plans;
iii ) to enable the Region to take road widenings where development under
vsite plan control is contemplated abutting Regional roads; and
iv) establish the procedure for Regional involvement.
2 .2 Site plan control can be an extremely useful tool to both the local
municipalities and the Region. It is a means by which the policies of
applicable official plans can be implemented, design aspects of development
can be managed, and impacts of new development can be diminished.
2 .3 At the time of preparation of this Report, only Whitby had initiated an
amendment to the local official plan to enable the designation of site plan
control areas. In order to facilitate its use in the other local
z� municipalities in the interim, it is appropriate to include provisions in the
Durham Regional Official Plan which would identify the whole Region as a
proposed site plan control area. Such provision would not apply to:
residential development of one or two dwelling units per lot as it is
generally considered that the subdivision and zoning processes sufficiently
provide for such development; or, buildings and structures on farm operations
where the existing official plans, zoning by-laws and the Agriculture Code of
Practice provide sufficient control . Site plan control , however, could still
be applied to farm related uses such as implement dealerships, feed mills,
abbatoirs or produce outlets.
� b
l� Ch).
Commissioner' s Report No. 85-146 Page 3
The provisions in the Durham Regional Official Plan will not preclude
detailing and expanding of the policies in the respective local official
plans.
2.4 A primary reason for including provisions related to site plan control in an
official plan is to make landowners aware of the proposed use of site plan
control in their municipality. It is appropriate, therefore, that the
policies indicate that the local municipalities and the Region will consider
these matters in site plan control . These include passing by-laws to
designate site plan control areas or uses; the requirement of agreements , and
the requirement of road widenings and other related works .
2.5 Of significance to the Region is the manner in which each local municipality
will advise the Region of development proceeding under site plan control .
The Planning Act requires that the local municipalities advise the Region
prior to the approval of plans and drawings and afford a reasonable
opportunity to exercise its authority under Section 40 of the Act. Local
official plans should also include a provision indicating the Region's
involvement in the process.
2.6 A proposed amendment is attached as Appendix I . This proposed amendment will
be circulated to the area municipalities for their 'input prior to the
amendment being considered by Planning Commit-tee and Council .
Dr. M. Michael , M.C. I .P
NC/L1( Commissioner of Planning
Attachment: Appendix I - Amendment document
RECOMMENDED FOR PRESENTATION TO COMMITTEE
D. R. Evans, P. Eng. ,
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APPENDIX I TO COMMISSIONER'S REPORT NO. 85- 146
PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN
PURPOSE: To address the provisions of Section 40 of the Planning Act to
establish the use of site plan control in the Region.
a BASIS: To notify the public regarding the use of site plan control .
ACTUAL The Durham Regional Official Plan is hereby amended by adding a
`«- AMENDMENT: new Section 16.15 as follows:
16.15 Site Plan Control
16.15.1 The Region shall encourage the local municipalities to
utilize the site plan control provisions of the
Planning Act to implement the policies and provisions
of this Plan and the local Official Plans and to
coordinate and enhance the physical development of the
Municipality.
16.15.2 Proposed site plan control areas will be detailed in
the local official Plans. In the 'interim, until such
provisions are included in the local official plans ,
the entire Regional Municipality of Durham is hereby
declared to be a proposed site plan control area.
Once such details have been included within a local
Official Plan, this section ,is deemed to have been
amended to the extent of any conflict.
s
16.15.3 Notwithstanding the provisions of Section 16.15.2, and
until provisions for site plan control have been
detailed in the local Official Plans, the following
shall be exempted:
i ) residential development of one or two dwelling
units per lot; and
ii ) agricultural and farm related buildings or
structures that are utilized in farming
operations .
16.15.4 Local Council may, by by-law, designate the whole or
part of the proposed site plan control area within its
jurisdiction as a site plan control area.
16.15 .5 For lands developed under site plan control , abutting
roads under local or Regional jurisdiction , the
Council having jurisdiction may require dedication of
lands for widenings to the extent of the maximum
planned rights-of-way indicated in the respective
Official Plan. The maximum extent of widening of
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Type A and Type B arterial roads designated in this
Plan shall be 150 feet for a Type A arterial road and
120 feet for a Type B arterial road in accordance with
Sections 13.2.8 and 13.2.9. Generally such widenings
shall be taken equally from both sides of the road.
However, where topographical , design or other
limitations would not allow the taking of widening
equally from both sides, the Council having
jurisdiction may take the widening in the proportions
required under the circumstances in order to achieve
the maximum road width.
16.15.6 At any Type A or Type B arterial road intersection the
Council having jurisdiction may require road widenings
in addition to the maximum road allowance width for
sight triangles in order to provide sufficient sight
distance and cut and fill operations in situations of
topographical constraints. Sight triangles shall be a
maximum of 165 ft. x 50 ft. (50 m x 15 m) .
16.15.7 Where development subject to site plan control abuts a
road under the jurisdiction of the Region, the local
municipality, upon application for site plan approval ,
shall advise the Region to enable - the implementation
of Section 40(8) of the Planning Act.
16.15.8 Local Council and/or Regional Council may require the
owner of lands proposed for development under site
plan control to enter into one or more agreements
under Section 40 of the Planning Act to address all
the matters contained therein.
16.15.9 Unless otherwise specified in the local Official
Plans, drawings showing the plans and elevations of
each building to be erected may be required for
apartments and other multiple family type dwellings of
less than 25 units . This shall not include dwellings
exempted in Section 16.15.3. "
IMPLEMENTATION: The provisions set forth in the Durham Regional Official Plan,
as amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
INTERPRETATION: The provisions set forth in the Durham Regional Official Plan,
as amended, regarding the interpretation of the Plan shall apply
in regard to this amendment.
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