Loading...
HomeMy WebLinkAboutPSD-132-05 ClWilJgton REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, November 14, 2005 Subject: ~-Iaw #:.-!x6 Q~' ~/(? f- S f:I h PA. 4:-QD1J!:J AMENDING THE FEES FOR MINOR VARIANCE APPLICATIONS PSD-132-05 File #: PLN 20.5 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-132-05 be received; 2. THAT the attached By-law amendment to the Fees By-law be approved exempting minor variance applications from payment for applications involving setback reductions for structures required to provide an accessibility devise for persons with physical disabilities to an individual residence; and 3. THAT the Clarington Accessibility Committee be advised of Councils decision. Submitted by: Reviewed bY() ~~ Franklin Wu, Chief Administrative Officer avi J. Crome, M.C.I.P., R.P.P. Director of Planning Services BMR/CP/DC/df 8 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-132-05 PAGE 2 1.0 BACKGROUND 1.1 A recent inquiry to construct a wheelchair ramp providing accessibility to the front door of a house could not comply with the setback requirements of the Zoning By-law. 1.2 Under the General Provision of Clarington's Zoning By-law, structures such as stairs, unenclosed porches, and ramps are permitted to encroach into any required setback up to 1.5 metres, but in no instance is the required setback to be reduced below 1.2 metres. When a home, which meet the minimum zone setbacks, or is legally non- conforming, requires the addition of an accessibility structure such as a ramp or elevating device, and the structure cannot meet the setbacks outlined in the zoning by- law, a minor variance is required. 1.3 Section 69 of the Planning Act allows the Municipality to pass a by-law to set out the fee structure for development applications to offset the anticipated cost to the Municipality in processing each type of application. At the current time, the fee for a minor variance is $425. This covers the cost of mailing, notice to individuals within 60 metres circulating the application to departments and agencies and Staff time and resources for managing the file, preparing reports and attending a meeting. 1.4 Staff has reviewed the Zoning By-law requirements for a wheel chair ramp with the Accessibility Committee at their regular meeting on October 13, 2005 and indicated why a minor variance would be required for ramps and lifts that do not conform with the required setbacks. Staff do not believe a zoning by-law amendment can adequately deal with this issue without causing interpretation issues for other forms of encroachments into the required setback. 2.0 STAFF COMMENTS 2.1 In keeping with the Municipality's goal of making Clarington more accessible to persons with disabilities, the cost a minor variance, in addition to the cost of installing a device, is not desirable. Staff reviewed the fees for minor variance applications, and recommend that fees be waived. Staff do not anticipate this will impact more than 1 or 2 applications per year. 2.2 An amendment to the fee schedule is intended to provide relief for those individuals living in or relocating to a single detached, semi-detached/link, and/or townhouse residential units, where wheelchair access is not required under any other by-law but it is needed to provide access to the dwelling by an occupant of the residence. As stated in section 1.3 of this report, the Municipality is entitled to pass a by-law to offset the cost of processing applications. Commercial, industrial, or apartment developments requiring a structure for accessibility is not considered appropriate. 2.3 As accessibility is gained through a variety of means depending on individual circumstances, the waiving of fees for the construction of structures such as elevating REPORT NO.: PSD-132-05 PAGE 3 devices and/or ramp for an individual residence is appropriate. Where an application for minor variance includes, in addition to a ramp, or elevating devise, an expansion to a deck or to the residence, a waiving of fees is not considered appropriate. It is anticipated that most of the ramps and lifts required for access will comply with the zoning by-law, and that the number of structures requiring minor variances will be limited. This by-law will have an insignificant impact on the value of application fees received. 3.0 CONCLUSION 3.1 It is respectfully recommended that By-law 96-032, as amended, be further amended as contained in the By-law attached hereto, identified as Attachment 2. Attachments: Attachment 1 - Amending By-law Attachment 1 To PSD-132-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-212 being a By-law to waive the payment of fees for minor variance applications to permit the construction of ramps, lifts and elevators for the purpose of gaining wheelchair accessibility to homes and to amend By-law 96-032, as amended WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, c.P13, provides that by-laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of "....,applications made in respect of planning matters; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 96-032, as amended to prescribe a Fee Schedule to meet the anticipated cost to the Municipality in respect of the processing of each type of application provided for in the Schedule of Fees; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Schedule "C" to By-law 96-03. as amended, is hereby further amended by deleting said Schedule "C" and replacing it with Schedule "B" attached hereto. 2. That the fee schedule attached hereto and forming part of this by-law shall apply for the specified documents, services, applications and inspections. BY-LAW read a first time this 14th day of November 2005 BY-LAW read a second time this 14th day of November 2005 lII""' BY-LAW read a third time and finally passed this 14th day of November 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE liB" TO BY-LAW 2005-212 FEES PRESECRIBED BY THE DIRECTOR OF PLANNING SERVICES The effective date for the following fees is November 14, 2005 to December 31, 2006 PLANNING SERVICES Official Plan Amendment: Official Plan Amendment - Minor Application Official Plan Amendment - Major Application (Note 1) Adoption of Official Plan Amendment Regional Official Plan Amendment Neighbourhood Design Plan Review Rezoning Amendment Removal of Holding (H) Symbol Draft Plan of Subdivision - Residential -,~..., Draft Plan of Subdivision - Non Residential Draft Plan of Condominium Draft Plan of Subdivision - fee for clearing and releasing any phase of a Plan of Subdivision or a Plan of Condominium delegated to the Municipality of Clarington Draft Plan of Subdivision - redline revisions and/or amendments to draft approval (applicant initiated) Extension of Draft Plan Approval Part Lot Control By-law Preparation of Subdivision Agreement Preparation of Amendment to Subdivision Agreement Site Plan Approval - Residential Site Plan Approval - Commercial Site Plan Approval - Other Non Residential Site Plan Approval - Minor Site Plan or Minor Site Plan Amendment (Note 2) ~ ...Site Plan Approval. Plans for Approval Only Site Plan Approval - Sales Trailer Site Plan Approval - Model Home(s) Site Plan Approval - Refreshment Vehicle Site Plan Amendment - Residential Site Plan Amendment - Commercial Site Plan Amendment - Other Non-Residential FEES $3,500.00 $5,000.00 $1,350.00 $1,200.00 $10,000.00 $1,700.00 $475.00 $5,000 base fee $50 per unit for single-detached, semi- detached, duplex and townhouse up to a maximum of $15,000.00 $5,000.00 $1,500.00 plus $25.00 per unit to a maximum of plus legal fees plus legal fees plus $25.00 per unit to a maximum of plus $10.00 per 100m2 to a maximum of plus $10.00 per 100m2 to a maximum of $1,500.00 $3,000.00 $1,000.00 $500.00 $2500.00 $1,200.00 $600.00 $900.00 $5000.00 $3000.00 $9,000.00 $900.00 $5,000.00 $500.00 $900.00 $1000.00 $1000.00 Included in licencing fee $600.00 plus $10.00 per unit to a maximum of plus $10.00 per 100m2 to a maximum of plus $10.00 per unit or 100m2 to a maximum of $3,000.00 $1000.00 $4,400.00 $600.00 $4,4000.00 SCHEDULE "B-2" TO BY.LAW FEES PRESECRIBED BY THE DIRECTOR OF PLANNING SERVICES The effective date for the following fees is January 1, 2005 to December 31,2005 Official Plan Amendment - Minor Application (see Note 1) Official Plan Amendment - Major Application (see Note 1) Adoption of Official Plan Amendment Regional Official Plan Amendment Neighbourhood Plan Rezoning Removal of Holding (H) Symbol Draft Plan of Subdivision - Residential Draft Plan of Subdivision -Non Residential Draft Plan of condominium Draft Plan of Subdivision - fee for clearing and releasing any phase of a Plan of Subdivision or a Plan of Condominium delegated to the Municipality of Clarington Draft Plan of Subdivision - redline revisions and/or amendments to draft approval (applicant initiated) Part Lot Control By-law Preparation of Subdivision Agreement (not including legal fees) Preparation of Amendment to Subdivision Agreement (not including legal fees) Site Plan Approval-'Residential Site Plan Approval - Non Residential Commercial Site Plan Approval - Other Non Residential Plans for approval only Site Plan Approval - Sales Trailer Site Plan Amendment Minor Variance Application (see Note 2) Minor Variance Tabling Fee (applicant initiated) Minor Variance Re-circulation Fee (applicant initiated) Subdivision Clearance Letter Zoning Clearance Letter Miscellaneous Clearance Letter (including outstanding work orders, building compliance) Application requiring additional Public Meeting (additional fee for each subsequent public meeting) Application requiring additional Public Meeting (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Land Division Committee Development Agreement Land Division Committee Clearance Letter Application involving review under EPA and/or EAA process (additional fee) Street Name Change request Maps - small mid-sized Large Official Plan Coloured Maps (each) Clarington Official Plan Clarington Zoning By-law Clarington Street Name Index Studies under 40 pages 40 to 1 00 pages 100 to 200 pages over 200 pages $3,000.00 $5,000.00 $1,300.00 $1,000.00 $1,100.00 $1,600.00 $45000 $25.00 per dwelling with a minimum of $4,500.00 and a maximum of $9,000.00 $4,500.00 $1,40000 $1,400.00 $2,500.00 $475.00 $1,100.00 $550.00 $850.00 plus $25 per unit to a maximum of $5000 $2500 plus $10 per 100 m2 to a maximum of $8500 $850 plus $10 per 100 m2 of gross floor area to a maximum of $5000 $850.00 $65000 $550 plus $10 per unit to a maximum of $4200 $400.00 $75.00 $75.00 $100.00 $10500 $100.00 $525.00 $725.00 $300.00 $85.00 $10,000.00 $1,500.00 $3.00 $7.00 $12.00 $3.00 $75.00 $75.00 54500 $10.00 $2000 535.00 550.00 Note 1: The following are criteria for determining what constitutes a major Official Plan application: . New aggregate extraction areas or expansion to existing aggregate extraction areas; . New golf courses or expansion to existing golf courses; . New waste facility or expansion to existing waste facility; Expansion to urban boundary or redesignation of Future Urban Residential Lands; . Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2500 m2; Deletion or addition of arterial or collector road; Any application that due to the broader policy implications for the Municipality that would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services Note 2: Minor variance applications for the construction or placement of an accessibility device to provide access to a single detached, semi-detached/link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. SCHEDULE "B-3" TO BY-LAW FEES PRESECRIBED BY THE DIRECTOR OF PLANNING SERVICES The effective date for the following fees is January 1, 2006 to December 31,2006 Official Plan Amendment - Minor Application (see Note 1) Official Plan Amendment - Major Application (see Note 1) Adoption of Official Plan Amendment Regional Official Plan Amendment Neighbourhood Plan Rezoning Application Removal of Holding (H) Symbol Draft Plan of Subdivision - Residential Draft Plan of Subdivision -Non Residential Draft Plan of Condominium Draft Plan of Subdivision - fee for clearing and releasing any phase of a Plan of Subdivision or a Plan of Condominium delegated to the Municipality of Clarington Draft Plan of Subdivision - redline revisions and/or amendments to draft approval (applicant initiated) Part Lot Control By-law Preparation of Subdivision Agreement (not including legal fees) Preparation of Amendment to Subdivision Agreement (not including legal fees) Site Plan Approval - Residential Site Plan Approval - Non Residential Commercial Site Plan Approval - Other Non Residential Plans for approval only Site Plan Approval - Sales Trailer Site Plan Amendment Minor Variance Application (see Note 2) Minor Variance Tabling Fee (applicant initiated) Minor Variance Re-circulation Fee (applicant initiated) Subdivision Clearance Letter Zoning Clearance Letter Miscellaneous Clearance Letter (including outstanding work orders, building compliance) Application requiring additional Public Meeting (additional fee for each subsequent public meeting) Application requiring additional Public Meeting (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Land Division Committee Development Agreement Land Division Committee Clearance Letter Application involving review under EPA and/or EAA process (additional fee) Street Name Change request Maps - small mid-sized Large Official Plan Coloured Maps (each) Clarington Official Plan Clarington Zoning By-law Clarington Street Name Index Studies under 40 pages 40 to 100 pages 100 to 200 pages over 200 pages $3,500.00 $5,000.00 $1,350.00 $1,200.00 $1050.00 $1,700.00 $475.00 $25.00 per dwelling with a minimum of $5,000.00 and a maximum of $12,000.00 $5,000.00 $1,500.00 $1,500.00 $3,000.00 $500.00 $1,200.00 $600.00 $900.00 plus $25 per unit to a maximum of $5000 $3000 plus $10 per 100 m2 to a maximum of $9000 $900 plus $10 per 100 m2 of gross floor area to a maximum of $5000 $900.00 $700.00 $600.00 plus $10 per unit to a maximum of $4400 $425.00 $75.00 $80.00 $105.00 $105.00 $105.00 $550.00 $750.00 $32500 $90.00 $10,000.00 $1,500.00 $3.00 $7.00 $12.00 $3.00 $75.00 $7500 $45.00 $10.00 $20.00 $35.00 $50.00 Note 1: The following are criteria for determining what constitutes a major Official Plan application: New aggregate extraction areas or expansion to existing aggregate extraction areas; New golf courses or expansion to existing golf courses; . New waste facility or expansion to existing waste facility; . Expansion to urban boundary or redesignation of Future Urban Residential Lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2500 m2; Deletion or addition of arterial or collector road; Any application that due to the broader policy implications for the Municipality that would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services Note 2: Minor variance applications for the construction or placement of an accessibility device to provide access to a single detached, semi-detached/link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit.