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HomeMy WebLinkAboutPD-12-83 G cc) 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. Tp1 ' 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, i 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 . i i i 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 i 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. i c�) 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 ,act 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. vt 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 I i i I Iii APPLICANT/AGENTJ INSUFFICIENT -A INFORMATION PRELIMINARY DISCUSSIONS SUBMITTED- WITH STAFF APPLICATION SUBMITTED] I CIRCULATION OUTSIDE � TOWN AGENCIES DEPARTMENTS CHANGE STAFF TO SITE PLAN APPROVAL REQUIRED REVIEW PROPOSAL OF"PLANS ONLY" 'M S -NO AGREEMENT j PROBLEMS NECESSARY RESOLVED PROPOS=AL I 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 CG) F EPLI'EANT/AGLNJT INSUFFICIENT PRELIMINARY I DISCUSSIONS INFORMATION SUBMITTED WITH STAFF APPLICATION SUBMITTED CIRCULATION j I 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