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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JANUARY 17, 1983
REPORT NO. : PD-12-83
SUBJECT: DEPARTMENTAL PROCEDURES
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-12-83 be received; and
* 2. That the attached Development Procedures and
Application Forms be approved; and
3. That the attached By-laws be forwarded to
* Council for approval .
BACKGROUND:
In an ongoing effort to simplify Departmental Procedures and
streamline approvals, the Planning Department has undertaken
a major review of the development applications presently
required by the Town .
From an operational point of view, these procedures can be
broken down into three categories; subdivisions, zoning and
site plan. The following is a summary of each; wherein
staff have attempted to outline the present procedure, to
describe any shortcomings and to make recommendations on
changes.
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Report No: PD-12-83 . . ./2 d-
Subdivisions
The Town of Newcastle presently requires that an application
be made through the Town prior to approval of plans of
subdivision. Applicants are presently required to complete
the application in triplicate, to pay the minimum $250
application fee and to provide twenty (20) copies of the
draft plan for the Town 's review. The present application
form is relatively complex and generally requires the same
type of information being required by the Region on a
subdivision application.
Planning staff believe that it is unnecessary for the Town
to require a separate application for subdivision approval .
Subdivisions are processed through the Region of Durham
instead of the Ministry of Housing, and the Region provides
the Town with sufficient copies of a draft plan to circulate
to internal departments. Should staff require additional
copies of the plan; a request of Regional staff for same
would be warranted. Staff feel that because the Region of
Durham has been delegated subdivision approval powers, there
is little for the Town to gain in requiring separate
subdivision applications. We are recommending, therefore,
that the subdivision application be eliminated, and that the
Town act as a commenting agency on the circulation of draft
subdivisions by the Region of Durham. Our position for
processing subdivisions would then be very similar to what
it is when Official Plan amendments are considered.
Staff do not feel this proposed change would limit the
Town 's ability to address local concerns and it would,
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without a doubt, simplify the process for prospective
applicants. We do note, this change will result in a loss
of revenue; however, any administrative costs can be
recovered through the subdivision agreement .
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Report No: PD-12-83 . . ./3
Zoning
Under our present legislative framework, the local or area
municipalites across the Province have the responsibility
for implementing planning documents through the approval of
restricted area, or zoning, by-laws. As such, zoning is a
major responsibility of the Town of Newcastle. Under the
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present system, the Town requires that application forms be
completed and that a $250 fee, payable to the Town, be
required before the Town considers a change in zoning. Our
standard procedures for dealing with rezoning applications
includes a circulation to affected agencies prior to
reporting to Committee and Council , as well as the recently
added requirement that a notification be posted on the site
in order to inform area residents of the proposed change.
Given the rather strict legislative framework that the Town
works within on zoning and the processing of zoning by-law
amendments, the system functions relatively well .
Indications are that the information sign , which has been
posted on several recent rezoning proposals, has been
effective in allowing the public to become aware of
applications in their neighbourhoods. Staff are therefore
not recommending major changes to the rezoning application
and processing procedures, except as outlined below under
the general heading of "Site Plan".
Site Plan
Site plan control , pursuant to Section 40 of The Planning
Act, is presently required for most types of commercial ,
industrial and high density residential development within
the Town.
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Report No: PD-12-83 . . ./4
By-law 79-151 of the Town of Newcastle is a by-law which
designates the entire Town as a site plan control area,
pursuant to The Planning Act. The by-law defines
development, outlines the requirements for site plan and
site plan agreement approval , and exempts certain uses from
the requirements therein. In order to implement the
provisions of this by-law, the Planning Department uses an
application form which contains a staggered fee schedule.
For new uses , the fee is $250. For extensions or
enlargements of existing uses, the fee is $175, and for
parking lots, the fee is $100. The application form itself
is relatively concise, and operationally there have been no
major problems from staff's point of view. Staff notes,
where an applicant requires both a rezoning and a site plan
agreement, a duplication of the required information and
materials as a result of the two (2) separate application
forms is created. As such, staff are recommending that the
applications for rezoning and site plan be combined. This
would allow the commenting agencies to review one file or
one submission, rather than two (2) as is presently the
case, and would considerably reduce the requirements where
the applications involve both zoning and site plan approval .
The following fee schedule is suggested:
1 ) Rezoning - $250.00
2) Rezoning and Site Plan Agreement - $250.00
3) Site Plan Agreement - $100.00
Aside from the question of application forms noted above,
staff feel there is an avenue available in our site plan
control procedure which is not being utilized. Under the
present system, an application for site plan approval must
ultimately be implemented by an agreement executed by the
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Report No: PD-12-83 . . ./5
Town. This procedure requires that the application be
circulated, a report prepared for Committee's consideration ,
and subsequently followed by Council approving a by-law to
authorize the Mayor and Clerk to sign on behalf of the Town ,
thereby entering into an agreement with the applicant to
deal with site plan matters. The Planning Act does provide
an opportunity to stream-line this process for applications
where agreements may not be necessary in order to achieve
effective site plan control . Section 40, Subsection 4 does
permit the approval of one or both, as the Council may
determine, of the following:
"l ) plans showing the location of all buildings and
structures to be erected and showing the location of all
facilities and works to be provided in conjunction therewith
and of all facilities and works required under clause 6(a).
2) drawings showing plan, elevation, and cross-section use
for each industrial and commercial building to be erected
and for each residential building containing twenty-five
(25) or more dwelling units to be erected which are
sufficient to display:
a) the massing and conceptual design of the proposed
building ;
b) the relationship of the proposed building to adjacent
buildings, streets and exterior areas to which members
of the public have access; and
c) the provision of interior walkways, stairs and
escalators to which members of the public have access
from streets, open space and interior walkways in
adjacent buildings,
Report No: PD-12-83 . . ./6
but which exclude the layout of interior area, other than
the interior walkways, stairs and escalator referred to in
clause c) , the colour, texture and type of materials, window
detail , constuction details, architectural detail and
interior design."
Where the scale/level of detail would not appear to warrant
the need for a "completed standard agreement", the approval
of plans as noted above in Section 40.4.1 . would more than
suffice. Staff are proposing that when an application for
site plan approval is received, the circulation process
would determine if any concerns exist, and if such concerns
warrant a site plan agreement, or whether development could
be allowed to proceed simply on the basis of plans. A
simple letter of credit/undertaking would be supplied as
* security for the development. Accordingly, a draft By-law
amending By-law 79-151 , to implement this procedural change
is attached to said Report.
In addition to the possibilities pertaining to Section 40,
Subsection 4; staff would recommend the implementation of
Section 40.10(b) as a further step in reducing the amount of
"red tape" - time required for the processing of not only
applications where an agreement could be deemed unnecessary,
but to include all site plan agreement development
applications. Section 40, Subsection 10(b) allows the
Council of a municipality to delegate to either a Committee
of the Council , or to an appointed officer of the
municipality identified in the by-law, any of Council 's
powers or authorities under this Section. Staff are
recommending, therefore, that the power of approval under
Section 40 of The Planning Act be delegated to staff, and
more particularly, the Director of Planning and the Director
of Public Works.
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Report No: PD-12-83 . . ./7
* The attached site plan procedure would briefly illustrate
the steps required to complete a site plan agreement. Staff
presently attempt to have an agreement signed by the
applicant/owner and included with the report for Committee's
consideration. Through the delegating of approval to staff,,
the time required to prepare the report for Committee could
be used in the finalizing of the agreement and other office
related requirements. Should the applicant or Town staff,
for that matter, not agree with the proposal or
recommendation, the opportunity to discuss the matter at a
Committee or Council level is always available, as shown on
* the attached chart. It is staff's opinion that in a
majority of cases, a site plan agreement mutually agreed
upon between both parties, taking into account Town concerns
and policies, can be completed and finalized under this new
procedure. In consideration of the above, it is staff's
intention to submit for Committee's information and action
periodically a status report containing a description and an
account of all site plan applications presently being
reviewed by staff.
In order to implement the suggested changes in procedures,
staff are recommending, therefore, that the draft by-laws be
forwarded to Council for approval and that the zoning/site
plan application form be accepted as operating procedure for
the Planning Department.
Respectfu "submitted,
(. T. Edwards, M.C. I.P.
Director of Planning
DT*TTE*mjc
ecember 30, 1982
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APPLICANT/AGENTJ
INSUFFICIENT -A
INFORMATION PRELIMINARY DISCUSSIONS
SUBMITTED- WITH STAFF
APPLICATION SUBMITTED]
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CIRCULATION
OUTSIDE
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TOWN
AGENCIES DEPARTMENTS
CHANGE STAFF TO SITE PLAN APPROVAL
REQUIRED REVIEW PROPOSAL OF"PLANS ONLY"
'M S -NO AGREEMENT
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PROBLEMS NECESSARY
RESOLVED PROPOS=AL
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STAFF MEETS WITH
APPLICANT - RECOMMENDATION ]
A P PEAL-COU NCIL APPLICANT APPLICANT
COUNCIL -I
DECISIONI DISAGREES AGREES j
0,M.B. DECISION
DRAFT AGREEMENT
AGREEMENT FINALIZED
SIGNATURES AND
LETTERS OF CREDIT
[REGISTERED ON TITLE
SITE PLAN
PROCEDURE
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F EPLI'EANT/AGLNJT
INSUFFICIENT PRELIMINARY I DISCUSSIONS
INFORMATION
SUBMITTED WITH STAFF
APPLICATION SUBMITTED
CIRCULATION j
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OUTSIDE
] TOWN
AGENCIES
DEPARTMENTS
REPORT PREPARED]
FOR G. PA.
COMMITTEE
APPLICANT NOTIFIED
OF MEETING AND
GIVEN COPY OF REPORT
G.PA. COMMITTEE
RECOMMENDATION
FORWARDED TO COUNCIL
COUNCIL DECISION
DEN IALt APPROVAL,
APPLICANT NOTIFIED APPLICANT NOTIFIED
OF DECISION AND AND ADVISED OF
OPTIONS AVAILABLE PROCEDURE FOR THE
NOTICE OF THE
AMENDING BY-LAW
ZONING
BY- LAW AMENDMENT
PROCEDURE