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HomeMy WebLinkAboutPD-042-01 ,- ,.. DN:.P042-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-042-0l FILE #: PLN 1.1. 7 File # ]) J <(pm//. 7 Res. #(PfJff~ :;2')ZJ -() J By-law # '}fb I/DlrO! Meeting: General Purpose and Administration Committee Date: Monday, April 23, 2001 Subject: DURHAM PLANNING SYSTEMS REVIEW DELEGATION OF APPROVAL FOR SUBDIVISIONS, CONDOMINIUMS AND PART LOT CONTROL EXEMPTIONS FOR THE MUNICIPALITY OF CLARINGTON FILE NO.: PLN 1.1.7 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-042-0l be received; 2. THAT the Region of Durham and Province be requested to delegate the approval authority for draft plans of subdivision, condominiums and part lot control exemption by- laws to the Municipality commencing October l't, 2001 in accordance with the Memorandum of Understanding! Agreement. 3. THAT the Director of Planning and Development be authorized to sign the Memorandum of Understanding/Agreement between the Region of Durham and the Municipality of Clarington setting out the roles for review and the process to implement the draft plan of subdivision, condominium and part lot control exemption by-law approval process. 4. THAT Council approve the attached by-law authorizing the Director of Planning and Development or designate, the administrative responsibilities currently delegated to the Regional Commissioner of Planning including authorization to sign final plans of subdivision and condominiums; 5. THAT the Region of Durham Planning Department and Durham Region Municipal Planning Directors be forwarded a copy of this report and Council's recommendation. 1. BACKGROUND 1.1 During 1998, a Planning System Review Team was established to undertake a comprehensive review of the planning system in the Region of Durham. Clarington was represented on the team by the Director of Planning and Development. 639 . REPORT NO.: PD-042-01 PAGE 2 1.2 The Durham Planning System Review Team produced a Phase 1 Report in February, 1999. The report primarily addressed the issue of development control applications, indicating that "willing host" municipalities should be delegated full approval responsibilities and authority for plans of subdivision, plans of condominium and part lot control exemption by-laws. 1.3 Durham Region Planning Committee received the Durham Planning System Review Team Phase 1 Report on March 16, 1999. Clarington Council received staff Report PD- 29-99 on April 12, 1999 endorsing the following recommendations: 1. . THAT Report PD-29-99 and the Durham Planning System Review: Phase I Report be received; 2. THAT the recommendations contained within the Durham Planning System Review: Phase I Report be endorsed; 3. THAT the Municipality ofClarington indicate to the Region ofDurharn that it is a "willing host" for the delegation of authority to approve plans of subdivision/condominium; 4. THAT the Region of Durham, the local area municipalities within Durham Region, the Urban Development Institute and the Durham Home Builders be advised of Council's decision. 1.4 In November, 1999, representatives .from the Region of Durham Planning Department and Planning Staff from the urban municipalities (City of Pickering, Town of Ajax, Municipality of Clarington, City of Oshawa and Town of Whitby) formed a Subdivision Delegation Working Group. This group was to develop a process to fulfil the recommendations of the Phase I Report pertaining to the transfer of full approval responsibility and authority for plans of subdivision, condominium and part lot control exemption by-laws from the Region of Durham and Province of Ontario to the local municipalities. 1.5 The work of the Subdivision Delegation Working Group has advanced to the point where implementation of the delegation responsibilities may now be undertaken by the Municipality, subject to appropriate documentation and authorization. 640 REPORT NO.: PD-042-01 PAGE 3 1.6 The Working Group has prepared a Memorandum of Understanding (MOU)/Agreement to be executed between the local municipalities and the Region prior to delegation of approval talking effect. 1.7 Attached to the MOU are three (3) sets of processing procedures for plans of subdivision, condominium and part lot control exemption by-laws for applications received prior to August I, 1983; between August 1, 1983 and March 27, 1995, and on or after March 28, 1999. These dates identifY periods when the provisions of the Planning Act were amended relating to the processing of plans of subdivision and condominium. 1.8 In addition, a common application form was developed for use by all municipalities. A copy of the MOU/ Agreement <Attachment 1) is attached to this report. The processing procedures and the common application form are not attached to this report due to their length. 2. SUBDIVISION DELEGATION WORKING GROUP 2.1 The Subdivision Delegation Working Group was established to fulfil recommendations of the Planning System Review Team Phase I Report dealing with the delegation of approval authority for plans of subdivision, condominium and part lot control exemption by-laws. 2.2 Approval authority for plans of subdivision, condominium and part lot control exemption by-laws currently rest with the Region of Durham. 2.3 The Working Group prepared a MOU/Agreement, processmg procedures, common element application form, conducted an agency consultation strategy, analysis of fees and review of other technical administrative matters to address the transfer of approval responsibility. The MOU/Agreement is required to define the roles and responsibilities of the Region of Durham and the local municipality following delegation and to establish the processing procedures to be used by the local municipality in exercising approval authority. The MOU/Agreement is signed independently by each participating 641 " , REPORT NO.: PD-042-01 PAGE 4 municipality. The timing for signature will vary depending on the preferred . implementation schedule for each municipality. 3. CURRENT PROCESS 3.1 All applications for plans of subdivision and condominium for lands in the Region of Durham are currently submitted to the Region for approval. Local area municipalities are required to hold a public meeting, in accordance with the provisions of the Planning Act, and maintain the public record of persons participating in the review of the application. As part of this process, area municipalities prepare draft conditions, if the application is being recommended for approval, and forward the conditions to the Region as local input to the decision making process. At present, the Municipality does not grant "draft approval" to a subdivision or condominium application. The Regional Planning Commissioner or designate has been delegated the authority, by Regional Council, to draft approve and give final approval to plans of subdivision and condominium. Only in rare cases where there is a major issue or dispute, does the Regional Planning Commissioner forward a draft plan to Regional Council for consideration. When Council passes a by-law to lift part lot control (ie. to establish lot lines in a townhouse block), the by-law is forwarded by the Municipality's Clerk to Regional staff. Regional staff review the by-law for its purpose and compliance to the relevant plan of subdivision if applicable. Regional staff approve the By-law by way of a letter. 3.2 A portion of the approval process has already been delegated to the local municipalities wherein they advertise and hold the required public meeting and maintain the public record of persons participating in the review. 4. NEW PROCESS 4.1 In accordance with the new process, the Municipality will be the approval authority and the Region will provide comments to the Municipality. In essence, the roles for commenting and processing are reversed. 642 REPORT NO.: PD-042-01 PAGE 5 4.2 The Region will comment to the Municipality regarding matters of Regional and Provincial interest, in addition to providing recommended conditions of approval. Municipal Staff will continue to forward reports and recommendations on draft plans of subdivision and condominium to Committee and Council, in accordance with the current reporting process. This process will ensure that Council continues to consider every draft plan and establish a Municipal position and conditions or approval. The Municipality will be responsible for both draft and final approval of plans of subdivision and condominium. The Municipality will also be responsible for providing the Region with an annual statistical report respecting development and approval activity. 4.3 The Municipality will no longer be required to forward a part lot control exemption by- law to the Region for approval. 5. DELEGATION OF AUTHORITY TO THE DIRECTOR OF PLANNING AND DEVELOPMENT 5.1 Upon receipt of delegated approval authority, the Planning Act allows Council to further delegate, by by-law, all or any part of the approval authority for draft plans of subdivision and condominium to a Committee of Councilor to an appointed officer of the Municipality. 5.2 Regional Council has delegated to the Regional Commissioner of Planning the authority to undertake many administrative matters related to subdivision/condominium approvals. To implement a streamlined and efficient process, staff recommends that the administrative responsibilities currently delegated to the Regional Commissioner of Planning be delegated to the Municipality's Director of Planning and Development and designate. These administrative duties would include: . giving formal draft plan approval to subdivision/condominium applications subject to conditions; amending conditions of draft approval, wherein significant changes to the Municipal position would be reported to Council for direction; and releasing final plans for registration. . . 643 REPORT NO.: PD-042-01 PAGE 6 As noted above, Council would still be required to take a position on every draft plan of subdivision application before the Director would be able to initiate the administrative approval process and any decision made by the Director in accordance with the Planning act would be required to be consistent with Council's position on the matter. Any further technical amendments to the MOU would be dealt with at a staff level to recognize any changes to the Planning Act. 6. DELEGATION DATE 6.1 The Region can delegate the approval of all plans received on or after March 28, 1995 by resolution and the adoption of a delegation by-law. The delegation of plans received prior to this date require the approval ofthe Minister of Municipal Affairs. 6.2 Staff recommends that the Region and the Province be requested to delegate the approval authority for draft plans of subdivision and condominium to the Municipal effective October 1",2001. Once the subdivision/condominium approval authority is delegated to the Town, the final approval authority for part lot control exemption by-laws will automatically follow. 6.3 On September 6, 2000, Regional Council authorized staff to forward notices to applicants having subdivision and condominium applications with the Region, and advertise in the local newspapers advising that the Region is intending to delegate subdivision and condominium approval authority to the Municipality. 6.4 In 1996 through the disposition of the Clarington Official Plan, nine (9) draft plans of subdivision were recommended by Clarington Council for denial to the Region of Durham. To date, these draft plans have not been dealt with by Regional staff. Prior to delegation taking place, Regional staff have been requested to finalize the administration of these draft plans. The Region has been advised that the Municipality does not want these files passed on through the delegation process as Council has a recommendation for each has been given to the Region previously. 644 , . REPORT NO.: PD-042-01 PAGE 7 7. FINANCIAL IMPLICATIONS 7.1 The Region currently charges a $4,000.00 processing fee for any new draft plan of subdivision or condominium application plus $1,000.00 for the clearance of any draft plan of subdivision or condominium for registration at the Registry Office. Once delegation takes place, the Municipality will be responsible for the clearance of draft plan applications and the $1,000.00 registration fee will be transferred to the Municipality. 7.2 Consequently, staff within Staff Report PD-041-02, in dealing with Planning Application fees recommended that the $1,000.00 fee be initiated when delegation takes place. It is staffs understanding the Region will be substantially reducing its $4,000.00 fee for the processing of a draft plan of subdivision/condominium, when delegation of approval is given to the local municipalities. 7.3 With the additional $1,000.00 registration clearance fee, it is recommended that the Municipality's current subdivision application fee remain at $25.00/lot but that the minimum collected be increased from $1,000.00 to $1,500.00. These changes are recommended not to account for additional work from delegation but to better reflect current administrative requirements. The Subdivision Delegation Working Group agreed that each municipality would monitor the new process to assess the impact on staff resources/costs and report back to their respective Council's should an increase in the Municipality's fees be warranted. 8. DELEGATION INDUSTRY AND AGENCY CONSULTATION 8.1 As part of the review process, the Working Team arranged information sessions with the various agencies which comment on subdivisions as well as representatives from the Urban Development Institute (UDI) and the Oshawa-Durham Home Builders Association. No major issues were raised by any of these groups. The development industry supports the delegation of the approval authority and the elimination of duplication within the planning process. 645 , - REPORT NO.: PD-042-01 PAGE 8 9. TRANSITIONAL ISSUES - TRAINING, DATA TRANSER, TROUBLE SHOOTING 9.1 One ofthe roles of the Region is to provide training and support to the local municipal staff. A training session was held on October 19, 2000 for all planning staff involved in the subdivision process. All municipalities participated in the session to ensure a consistent understanding and approach, as well as to share issues and concerns. 9.2 Standard form letters will be provided in digital form by the Region. These form letters will need to be revised to reflect the Municipality's information (i.e. crest, names, addresses etc.). There will be a learning curve and problems or concerns will arise. The Working Group have committed to meet on a continuing "as-need" basis to track progress and deal with any new issues that might arise. 9.3 Additional work will be required for maintaining accurate records, checking plans, checking conditions of approval and final approval, circulation of plans, notices and preparation of an annual report. Most of these tasks will be performed by Planning and Development staff, however, the Clerks Department may need to revise their respective department procedures. 9.4 It is anticipated that the additional steps and responsibility involved in the processing will be undertaken by the Planning and Development Department without additional staff at this time. However, the increased workload on staff to accommodate the new system will be monitored to determine the impact. 10. REGIONAL STEPS 10.1 It is anticipated that Regional Council will authorize staff to forward notices to applicants having subdivision and condominium applications with the Region, and advertise in the local newspapers advising that the Region is intending to delegate approval authority to the Municipality. Councils of the City of Os haw a, the Town of Whitby, Town of Ajax and City of Pickering have adopted resolutions requesting delegating of approval 646 REPORT NO.: PD-042-01 PAGE 9 authority. The October 1,2001, effective date for the Municipality ofClarington was chosen in order to provide the time necessary for staff to establish an efficient procedural system. Plans will continue be processed under the current system until October I, 2001. It is further expected that Regional Council will pass a by-law authorizing the delegation of subdivision and condominium approval to the Municipality effective October 1, 2001, and that the Ministry of Municipal Affairs and Housing will sign an order delegating the approval of applications received prior to March 28, 1995, to the Municipality, effective October I, 2001. 11. CONCLUSIONS 11.1 The delegation of subdivision and condominium approval authority from the Region and Province to the Municipality simplify the planning process, thereby improving customer service, as well as save time and money. By moving more of the development approval process to the local municipality, it assists with one-stop customer service. Rather than submitting an application both at the Region and the area municipality, it will be centralized at one point. It is recommended that the Region and the Province be requested to delegate approval authority for plans of subdivision and condominium, and part lot control exemption by- laws to the Municipality effective October I, 2001 in accordance with the Agreement. In addition, it is also recommended that the administrative matters set out in this report be approved. 647 . . REPORT NO.: PD-042-01 PAGE 10 Respectfully submitted, Davi . Crome, M.C.I.P., R.P.P. Director of Planning & Development L T*DC*df 17 April 2001 Attachment I - MOU/Agreement Attachment 2 - Delegation By-law 648 Reviewed by, ;/5 V7b<-~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. , . Attachment 1 THIS AGREEMENT is made as of the day of ,2000 Between: THE REGIONAL MUNICIPALITY OF DURHAM - and - THE CORPORATIONS OF THE TOWN OF AJAX, MUNICIPALITY OF CLARINGTON, CITY OF OSHAWA, CITY OF PICKERING, AND TOWN OF WHITBY 1. Interpretation In this Agreement, "area municipalities" means the corporations of the Town of Ajax, the Municipality of Clarington, City of Oshawa, the City of Pickering, and the Town of Whitby; "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended from time to time and the regulations thereunder; and "Region" means The Regional Municipality of Durham acting as a body corporate. 2. Purpose The purpose of this Agreement is to: a) establish a framework for the Region to delegate the approval authority for all plans of subdivisions, condominium descriptions, and part-lot control exemption by-laws to the area municipalities; and b) define the roles and responsibilities of the Region and area municipalities in relation to all matters delegated to the area municipalities for approval. 3. Goals The Region and area municipalities share the following goals in respect of the delegation of approval authority: a) to provide the area municipalities with the authority to make decisions respecting plans of subdivisions, condominium descriptions and part-lot 649 Dele_ Approval Authority- ~nt control exemption by-laws in recognition of the area municipalities' capabilities and familiarity with local circumstances; b) to provide a sufficient level of Regional support to the area municipalities, in order to ensure effective implementation of the approval process; c) to make more effective use of limited planning resources; and d) to clarify the roles and responsibilities of the Region and area municipalities in order to avoid duplication and to improve the quality and efficiency of service delivery to the public, development proponents and all agencies and public bodies. 4. Roles and Responsibilities 4.1 In order to implement this Agreement effectively, the Region shall, a) undertake all necessary steps to delegate approval authority for plans of subdivision, condominium descriptions and part-lot control exemption by- laws to the area municipalities within the timeframes set out in this Agreement; b) use its best efforts to obtain any required Provincial approval for the delegation of approval authority to the Area Municipalities for plans of subdivision and condominium descriptions submitted prior to March 28, 1995; c) provide the area municipalities with adequate training and advice respecting operational practices and regulatory requirements; d) provide the area municipalities with information in its possession that relates to matters delegated pursuant to this Agreement including, but not limited to, all files that are delegated, form letters, circulation lists and technical data; and e) provide comments, in a timely manner, to the Area Municipalities on matters of Regional and Provincial interest, and Policy Statements issued under Section 3 of the Planning Act in respect of all matters delegated pursuant to this Agreement. 4.2 In order to implement this Agreement effectively, the Area Municipalities shall, a) process all applications in accordance the procedures contained in APPENDICES 'A', 'B' and 'C' to this Agreement and the relevant provisions of the Planning Act; 650 Delegated Approval Authority - Agreement , . b) require applicants to submit an application form substantially in the form attached as APPENDIX '0' to this Agreement; c) collect and deliver to the Region all of the Region's application fees in a manner acceptable to the Region and area municipal staff; d) ensure that all matters of Regional and Provincial interest as identified by the Region's Commissioner of Planning are addressed in all decisions; e) ensure conformity with Regional Official Plan policies on the basis of the opinion of the Region's Commissioner of Planning; f) not impose conditions different from the Region's submitted conditions of draft approval that address Regional and Provincial planning review interests, without the consent of the Region. g) review and evaluate delegation at the end of one year of the delegation in conjunction with the Region; h) provide the Region with an annual statistical report by March of each year on the number and status of plans of subdivision and condominium descriptions, and the number and type of units approved in the previous calendar year; ') inform the Region if the authority to approve applications has been further delegated to a committee or an appointed officer; j) provide the Region with notice of all applications; k) circulate all applications together with copies of all supporting documents to the Region for review and comment; and I) provide the Region with all draftlfinal approval decisions and appeals/referrals on a timely basis. 5_ Applications Subject to Delegation 5.1 Provided the necessary Regional by-law has been passed, the authority for approving plans of subdivision and approving or exempting condominium descriptions submitted after March 27, 1995 shall be delegated to the area municipality in Column 1, effective on the date set out in Column 2, with respect to lands situated in such area municipality: Column 1 Column 2 City of Oshawa City of Pickering November 1, 2000 January 1 , 2001 651 Delegated Approval Authort1y - Agreement . . Town of Ajax Town of Whitby Municipality of Clarington January 1, 2001 January 1, 2001 July 1, 2001 5.2 The authority for approving plans of subdivision and approving or exempting condominium descriptions submitted prior to March 28, 1995 shall be delegated to the area municipalities effective on the date the Provincial regulation delegating such authority comes into force. 6. Miscellaneous 6.1 It is anticipated that circumstances pertaining to implementation of this Agreement may change from time to time for any number of reasons. Any party may at any time propose amendments to this Agreement for acceptance by the other parties. No amendments shall be binding unless all parties have agreed in writing to such amendment. 6.2 Notwithstanding Section 6.1, the Appendices attached to this Agreement may be revised at any time without amendment to this Agreement, to reflect changes in the Planning Act and/or the regulations thereunder. 6.3 This Agreement shall ensure to the benefit of and shall be binding upon the parties and their respective successors and assigns. 6.4 This Agreement may be executed in counterparts. Dated: ,2000. THE REGIONAL MUNICIPALITY OF DURHAM Per: A. L. Georgieff, M.C.I.P., R.P.P. Commissioner of Planning THE CORPORATION OF THE TOWN OF AJAX Per: Per: 652 Delegated Approval Authority - Agreement THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Per: THE CORPORATION OF THE CITY OF PICKERING Per: Per: THE CORPORATION OF THE CITY OF OSHAWA Per: Per: THE CORPORATION OF THE TOWN OF WHITBY Per: Per: Appendices: 'A' - Processing Procedures for Files Received On or After March 28,1995 '8' - Processing Procedures for Files Received Between August 1, 1983 & March 27,1995 'C' - Processing Procedures for Files Received Prior to August 1, 1983 'D' - Application Form N:\pim\tCldevapPIsUbdldelgashnlDelegaShnOocsllateslMOUlSubOelAgreemntdoc 653 Delegated Approval Authority _ Agreement THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- ATTACHMEINT 2 being a by-law to delegate certain authority under the Planning Act to the Director of Planning and Development WHEREAS Section 51.2 of the Planning Act, R.S,O. 1990, c,P,l3 as amended permits the Council of the Municipality of Clarington (the "Council") to delegate all or any part of the authority to approve plans of subdivision or condominium descriptions to an appa'inted officer where the authority to approve plans of subdivision or condominium descriptions has been delegated to the Conncil; WHEREAS by by-law the Regional Municipality of Durham has delegated the authority to approve applications for plans of subdivision and condominium descriptions submitted on or after March 28, 1995 to Council effective October I, 2001; WHEREAS it is anticipated that all authority of the Minister of Municipal Affairs and Housing respecting the approval of applications for plans of subdivision and condominium descriptions submitted prior to March 28, 1995 will be delegated to Council, in the future; 'WHEREAS in order to obtain greater efficiency in the administration of the approval authority for plans of subdivision or condominium descriptions it delegates certain authority to the Director of Planning and Development; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Director of Planning and Development is delegated all of the Council's authority under Section 51 of the Planning Act, R$,O, 1990, c.P.13 as amended. 2, The authority delegated to the Director of Planning and Development under Section I of this By-law may be assigned by the Director to a designate to cover periods of absence of the Director. 3. The authority delegated to the Director under Section 1 of this By-law extends only to these matters in respect of which Council adopted procedures which direct the Commissioner to make a decision. BY-LAW read a first time this day of 2001 BY-LAW read a second time this day of 2001 BY-LAW read a third time and finally passed this day of 2001. John Mutton, Mayor 654 Patti L. Barrie, Municipal Clerk