4. OFFICIAL PLAN AMENDMENT FOR
COMPLETE APPLICATION AND PRE-APPLICATION CONSULTATION AND INFORMATION ON
MANDATORY PRE-APPLICATION CONSULTATION MODIFICATION AU
PLAN OFFICIEL EN VUE DES CONSULTATIONS INTÉGRALES ET DES RENSEIGNEMENTS
CONCERNANT LES DEMANDES ET LES
PRÉ-DEMANDES RELATIVEMENT AUX CONSULTATIONS OBLIGATOIRES DE PRÉ-DEMANDE |
agriculturE
and rural affairs committee and Planning and environment Committee
recommendations
(This
matter is subject to Bill 51)
That
Council:
1. Approve Official Plan
Amendment xx, to implement recent changes to the Planning Act regarding
complete applications and pre-application consultation, as detailed in Document
1.
2. Receive the
information contained in this report regarding the process for pre-application
consultation.
Recommandations DU Comité de l’agriculture et des questions rurales et
DU Comité
de l’urbanisme et de l’environnement
(Cette question
est assujettie au Règlement 51)
Que le Conseil :
1. approuve
la modification xx au Plan officiel afin de mettre en œuvre les récents
changements à la Loi sur l’aménagement du territoire concernant les
consultations intégrales relatives aux demandes et aux pré-demandes, comme il
est expliqué en détail dans le Document 1.
2. prenne
connaissance des renseignements contenus dans le présent rapport concernant le
processus de consultation de pré-demande.
Documentation
1.
Deputy
City Manager's report, Infrastructure Services and Community Sustainability,
dated 19 December 2008 (ACS2009-ICS-PLA-0015).
2. Extract
of Draft Minutes, 13 January 2009.
Agriculture
and Rural Affairs Committee
Comité de l'agriculture et des questions rurales
and / et
Planning
and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
19 December 2008 / le 19 décembre
2008
Submitted
by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Infrastructure Services and Community
Sustainability
Services d’infrastructure et
Viabilité des collectivités
Contact Person/Personne ressource : Karen Currie, Planning and Growth
Management/ Urbanisme et Gestion de la croissance
(613)
580-2424 x 28310, karen.currie@ottawa.ca
That
Planning and Environment Committee and Agriculture and Rural Affairs Committee
recommend that Council:
1. Approve Official Plan Amendment xx, to implement recent changes to the Planning Act regarding complete applications and pre-application consultation, as detailed in Document 1.
2. Receive the information contained in this report regarding the process for pre-application consultation.
Que le Comité de
l’urbanisme et de l’environnement et le Comité de l’agriculture et des affaires
rurales recommandent au Conseil :
1. d’approuver la modification
xx au Plan officiel afin de mettre en œuvre les récents changements à la Loi
sur l’aménagement du territoire concernant les consultations intégrales
relatives aux demandes et aux pré-demandes, comme il est expliqué en détail
dans le Document 1.
2. de prendre connaissance
des renseignements contenus dans le présent rapport concernant le processus de
consultation de pré-demande.
The Ontario Planning Act has been amended, through The Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill 51). The Planning Act now permits municipalities to require additional information or material, where there are Official Plan policies related to this information or material, as part of a complete application. The Act also now requires municipalities to permit applicants to consult with the municipality before submitting plans and drawings for approval, and allows municipalities to, by by-law, require applicants to consult with the municipality prior to submitting applications for Official Plan amendments, Zoning By‑law amendments, Plans of Subdivision and Condominium, and Site Plan applications.
This report addresses these changes to the Planning Act. The first section of the report includes the requirements for a “complete” application. The second sets out the approach to consultation with the municipality prior to submitting an application. These two matters require that the Official Plan be amended.
In a recent decision by the Ontario Municipal Board [PL070814] it was found that the Official Plan must include a “post-January 1, 2007 Official Plan policy setting out the type of requirements needed in particularized circumstances.” It is not sufficient to say that the Official Plan already identifies the studies that are required in various circumstances. A municipality cannot demand a study for the purposes of a “complete” application on the strength of the Official Plan saying that it may be required in the course of an evaluation of an application. The municipality must specifically identify those studies that may be required at the time an application is submitted.
Below is an extract from Section 22 of the Planning Act pertaining to Official Plan amendment applications. The same provision exists for Zoning By-law amendment applications (ss.34(10.2)), Plans of Subdivision (ss.51(18)) and Condominium, and Consents to Sever (ss.53(3)):
“Prescribed information”
(4) A person or public body that requests an amendment to the official plan [same provision for other applications] of a municipality or planning board shall provide the prescribed information and material to the council or planning board. 1996, c. 4, s. 13.
Other information
(5) A council or a planning board may require that a person or public body that requests an amendment to its official plan provide any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 11 (4).
Refusal and timing
(6) Until the council or planning board has received the information and material required under subsections (4) and (5), if any, and any fee under section 69,
(a) the council or planning board may refuse to accept or further consider the request for an amendment to its official plan; and
(b) the time periods referred to in paragraphs 1 and 2 of subsection (7.0.2) do not begin. 2006, c. 23, s. 11 (4).”
In accordance with these provisions, if an application were considered to be incomplete, it would not be granted further consideration by the City. More importantly, unlike the situation prior to Bill 51, the statutory appeal period to the Ontario Municipal Board (OMB), for failure to make a decision, will not commence.
In the case of a dispute regarding application requirements, the applicant or Council may make a “motion for directions” to have the OMB determine if the information and material required by Council has been adequately provided and whether the requirement is reasonable.
In addition to the prescribed requirements of the Planning Act, the following additional information will be required to properly evaluate an application, unless it is determined through pre-consultation that it is not applicable. This list applies to the following applications: Official Plan amendment, Zoning By-law amendment, Plan of Subdivision, Plan of Condominium and Site Plan.
i. Assessment of Adequacy of Public Services/Conceptual Site Servicing Study
ii. Servicing Options Report
iii. Hydrogeological and Terrain Analysis
iv. Erosion and Sediment Control Plan
v. Geotechnical Study/Slope Stability
vi. Impact Assessment of Adjacent Waste Disposal / Former Landfill Site
vii. Mineral Resource Impact Assessment
viii. Noise Control Study (Airport)
ix. Obstacle Limitation Surfaces (Airport Zoning Regulations)
x. Noise/Vibration Study
xi. Transportation Impact Study or Brief or Community Traffic Study
xii. Cultural Heritage Impact Statement
xiii. Minimum Distance Separation
xiv. Planning Rationale
xv. Environmental Impact Statement
xvi. Agrology and Soil Capability Study
xvii. Integrated Environmental Review Statement
xviii. Phase 1 Environmental Site Assessment (ESA)
xix. Phase 2 Environmental Site Assessment
(ESA)
xx. Record of Site Condition
xxi. Wellhead Protection Plan
xxii. Reasonable Use Study
xxiii. Groundwater Impact Assessment
xxiv. Stormwater Site Management Plan
xxv. Archaeological Resource Assessment
xxvi. Tree Preservation and Protection Plan
xxvii. Assessment of Landform Feature
xxviii. Mine Hazard Study / Abandoned Pit or Quarry
xxix. Concept Plan showing ultimate use of land
xxx. Statement of achievement of the Design Objectives and the Design and Compatibility Principles of this Plan
In addition to this list, applications with City-wide significance will be required to submit an analysis including the impacts that the proposed change will have across the city.
Twenty-nine of the 30 items on this list have been derived from the information that is currently noted as "potentially required at application submission" on the City's development review applications. Number 30 was added to the list to highlight the Official Plan's emphasis on urban design and compatibility.
Additional information and studies may be added to this list through the course of the ongoing overall Official Plan Review. Any additional information will be clearly indicated in the Official Plan.
Early Consultation with Planning Staff
Section 22 of the Planning Act states, in part:
“Consultation”
(3.1) The council,
(a) shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4); and
(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).”
This is a new provision that allows a municipality to require an applicant to pre-consult with the City for Official Plan amendments. Similar language is included in the Act with regard to Zoning By-law amendments (ss.34(10.0.1)), Plans of Subdivision (ss. 51(16.1)), and Site Plan applications (ss.41(3.1)). There is no similar mechanism to require an applicant to pre-consult with the community.
In Ottawa, approximately 85 per cent to 90 per cent of proponents voluntarily consult with the municipality before submitting an Official Plan amendment, a Plan of Subdivision, a Plan of Condominium or a Zoning By-law amendment. With respect to Site Plan approval, approximately 60 per cent consult with staff.
The goal of pre-consultation is to provide applicants with a clear understanding of their obligations to the City, while also providing applicants with an opportunity to discuss a proposal and obtain initial feedback from staff, before investing time and money on a planning application. As a result of mandatory pre-consultation, the City will receive fewer incomplete application packages, helping to reduce processing delays.
While the legislation does not address pre-consultation with individuals outside of the City, staff will use pre-consultation to recommend that applicants consult with the Ward Councillor, community groups, and key external stakeholders. Applicants will be provided with a copy of the Branch’s Public Notification List that includes all registered community associations, condominium corporations, and churches in the immediate area. The application forms will be amended to request more detailed information regarding the community consultation that has taken place.
This amendment implements the requirement for applicants to consult with City staff prior to submitting an application for an Official Plan amendment, a Zoning By-law amendment, a Plan of Subdivision or Condominium, or a Site Plan application subject to public consultation. Applicants are also strongly encouraged to consult with City staff prior to submitting a Site Plan application that is not subject to public consultation. It is possible, for Site Plan applications with minimal anticipated impact on the community, that a telephone call may be a sufficient amount of early consultation. The application forms will be amended to document the date of the consultation with staff and clarify that it is a requirement.
In order to optimize the benefits of pre-consultation for both the City and applicants, the Department proposes an implementation strategy to be followed for all pre-consultation meetings. Adopting an official implementation strategy will ensure that a transparent and consistent approach is applied to pre-consultation; both applicants and staff will benefit from a standard set of rules. The proposed strategy will require the applicant to:
a) complete and submit a general questionnaire, available online, explaining key aspects of the development proposal; and
b) attend a pre-consultation meeting at City Hall with team members and appropriate staff, seven to 10 business days following submission of the questionnaire.
During pre-consultation, staff will explain the City’s development review process, and answer questions put forward by the applicant. Examples of items that may be discussed during pre-consultation include, but are not limited to:
Staff are targeting that within three business days following the pre-consultation meeting, the applicant would be provided with:
a) a listing of the studies and plans required in support of the required planning application(s); and
b) an indication of the proposal’s overall suitability in relation to the City’s land use policy framework.
The proposed implementation strategy to be adopted is outlined below:
Prior to requesting a pre-consultation meeting, the applicant must complete and submit a pre-application form to the City for review (Document 2). The form, which will be available online, requests general information about the site and its surroundings, current and proposed policy designations and zoning, as well as specifics about the environmental, and infrastructure requirements. The information supplied by the applicant will help staff identify potential site design and engineering requirements, as well as the appropriateness of the proposal given policy and zoning considerations. The information obtained through the form will also help staff to identify the plans and studies required in support of the application.
When the form is completed to the best of the applicant’s ability, it should be submitted to the appropriate Program Manager by e-mail, together with electronic copies of the proposed concept plan. Written versions of the form can be scanned and emailed, or sent using regular mail.
When the completed form is received, staff will perform a preliminary review of the applicant’s responses. The planner assigned to the project will contact the applicant to arrange a pre-consultation meeting. The meeting will occur approximately seven to 10 business days after the pre-application form is submitted, provided the applicant’s team is able to meet within this proposed timeframe. It should be recognized that the City requires seven to 10 business days to properly review and analyse the contents of the form, and to arrange for a meeting with key staff and external stakeholders (such as the Conservation Authority).
Step 3: Preparing for and
Attending the Pre-Consultation Meeting
The applicant should bring a copy of the completed pre-application form, a concept plan, and any additional information about the proposal that may be useful, to the meeting. Each pre‑consultation meeting will be unique, as proposals and sites vary considerably. A planner, infrastructure engineer, transportation specialist, and staff representing other areas of speciality such as Parks, Area Design, Heritage, Environment as well as staff from the Conservation Authority may attend the pre-consultation meeting. It is highly recommended that the applicant’s team, including developer, owner, architect, and engineer also attend the meeting.
Staff will target to provide the applicant with an outcome form, known as the “Study and Plan Identification List” (Document 3), within three days of the pre-consultation meeting. This form will identify the plans and studies that will be required at application submission, as determined through the pre-consultation meeting. The outcome form will also indicate the proposal’s overall appropriateness, given current land use policies, design guidelines and engineering standards. The assessment will be communicated as a numeric value ranging between one and five; one suggesting that the proposal does not meet the City policy framework, and five indicating conformity with most or all of the City’s land use principles. This indicator speaks to policy conformity, and is intended to help signal the suitability of the proposal and the degree of fine-tuning and effort needed to obtain application approval. The indicator should not be seen as a decision by staff to support the application, but simply as a statement of its potential acceptability.
Step 5: Prepare for
Application Submission
The applicant should review the information provided in the outcome form and ensure that all of the indicated plans and studies are submitted with the formal application. Once the new pre-consultation strategy is enacted, applications for Official Plan and major Zoning By-law amendments, Plan of Subdivision, and Site Plan Control subject to public consultation will not be accepted until the applicant has pre-consulted with the City.
While it is the City’s intent to provide complete responses through pre-consultation, new or varied requirements may be identified after an application is submitted, just as the review of studies and plans submitted in support of an application may warrant the need to request additional information. In addition, taking part in mandatory pre-consultation will not necessarily shorten the City’s standard processing timelines, or guarantee that an application will be approved. The pre-consultation meeting is intended to help educate and inform the applicant about submission requirements as well as municipal processes, policies, key issues, and key contacts prior to the submission of a formal planning application.
Notice of this Official Plan amendment was carried
out in accordance with the City’s Public Notification and Consultation
Policy. The Public and Technical
Circulation of the proposed amendment occurred between September 16 and October
14, 2008. At the time of circulation,
the proposed amendment had a table that differentiated between types of
planning applications and potential required studies. In response to various comments during circulation, the table was
replaced with a list.
Two community associations raised concerns that the Province does
not require developers to consult early with the community.
One community association suggested that there should be more direction on what constitutes a “meeting” with the community. The City is not able to mandate pre-consultation with the community, and will not detail what form of community consultation would be adequate. The application form, however, will be amended to request details of any community pre-consultation that has been held.
Mandatory pre-consultation will be implemented in the first quarter of 2009. The Pre-Application Form (Document 2) and Study and Plan Identification List (Document 3) were circulated internally, as well as to representatives of the development industry, for review and comment. Representatives of the development industry have indicated support for this procedure.
N/A
N/A
Document 1 Proposed Official Plan Amendmentx xx - Complete Applications
and Pre‑Application Consultation
Document 2 Draft
Pre-Application Form
Document 3 Draft Study and Plan Identification List
Infrastructure Services and Community Sustainability Department staff to prepare a by-law adopting the Official Plan Amendment xx, forward the by-law to Legal Services Branch and undertake the statutory notification when all relevant official plan amendments have been adopted by City Council. Staff to amend the planning application forms to include early consultation requirements.
IMPLEMENTATION
Following Council’s adoption of the Official Plan Amendment and corresponding implementation By-law, the complete application requirements will apply to all Official Plan amendment, Zoning By-law amendment, Plan or Subdivision or Condominium, and Site Plan applications, and the formal pre-consultation process will become mandatory for Official Plan amendments, major Zoning By-law amendments, Plans of Subdivision, and Site Plan applications subject to public consultation.
PROPOSED OFFICIAL PLAN AMENDMENT
DOCUMENT 1
|
To the Official Plan for the City of Ottawa
Utilisation du sol
Purpose
Basis
Introduction
Details of the Amendment
Implementation and Interpretation
PART A – THE PREAMBLE
The purpose of this Amendment is twofold:
· It addresses the requirements for prescribed information to be submitted by a proponent to support an application for an Official Plan Amendment, a Zoning By-law Amendment, a Plan of Subdivision a Plan of Condominium or a Site Plan Application.
· It requires that applicants consult with the City before submitting an Official Plan Amendment, a Zoning By-law Amendment, a Plan of Subdivision, a Plan of Condominium or a Site Plan Application subject to public consultation and recommends that applicants consult with the community prior to finalizing applications.
Location
The Amendment applies city-wide.
Basis
This Amendment will implement recent changes to the Planning Act through Bill 51.
The Planning Act requires municipalities to have a policy in their Official Plan setting out the type of submissions that may be required for the purposes of a “complete” application. This amendment implements that requirement.
The Planning Act requires municipalities to allow proponents to consult with staff prior to submitting an application and also allows municipalities to require early consultation. This amendment includes a policy to require early consultation with staff and to recommend consultation with the community.
1. Introduction
All of this part constitutes Amendment No. xx to the Official Plan for the City of Ottawa.
2. Details
The Official Plan for the City of Ottawa is amended by the addition of a new Section 5.2.7 – Pre-Application Consultation and Prescribed Information for Planning Applications
5.2.7 Pre-Application Consultation and Prescribed Information for Planning Applications
The Planning Act permits the City to require applicants to consult with the City prior to formal submission of their application. During this consultation, the City will determine which studies and information are required by Council to evaluate the application. Furthermore, staff will identify those studies that must be submitted at the time of application submission. While the Planning Act does not require it, proponents are strongly encouraged to consult with the affected community prior to finalizing their application in order to identify potential issues and opportunities.
Policy 2 outlines the studies that the City may require for complete applications. In addition to the prescribed requirements of the Planning Act, the City may require additional information to allow it to properly evaluate an application. In addition to the requirements prescribed in this section, applicants should also refer to the entire Official Plan, which outlines the circumstances under which specific studies are required when seeking development approvals from the City. The City will consider an application to be complete if it is accompanied by the prescribed requirements identified in the Planning Act, and by the required studies and information listed in the policies below and discussed during pre-application consultation.
1. Prior to submitting an application for an Official Plan Amendment, a Zoning By-law Amendment, a Plan of Subdivision, a Plan of Condominium or a Site Plan Application subject to public consultation, applicants are required to meet with the staff of the Planning and Growth Management Branch of the City to identify the information that will be required at the time of application submission. Applicants are also strongly encouraged to consult with Planning and Growth Management staff prior to submitting a Site Plan application that is not subject to public consultation. Staff have the authority to waive the requirement for an in-person meeting after being contacted by an applicant. Applicants are strongly advised to meet with the affected community prior to finalizing plans.
2. Applications to amend the Official Plan, the Zoning By-law, or a Plan of Subdivision, a Plan of Condominium, or a Site Plan Application, will comply with the complete application submission requirements of the Planning Act. The City requires other information and/or reports as listed below, to support the application at the time of submission unless otherwise indicated in writing after pre-consultation.
i. Assessment of Adequacy of Public Services/Conceptual Site Servicing Study
ii. Servicing Options Report
iii. Hydrogeological and Terrain Analysis
iv. Erosion and Sediment Control Plan
v. Geotechnical Study/Slope Stability
vi. Impact Assessment of Adjacent Waste Disposal / Former Landfill Site
vii. Mineral Resource Impact Assessment
viii. Noise Control Study (Airport)
ix. Obstacle Limitation Surfaces (Airport Zoning Regulations)
x. Noise/Vibration Study
xi. Transportation Impact Study or Brief or Community Traffic Study
xii. Cultural Heritage Impact Statement
xiii. Minimum Distance Separation
xiv. Planning Rationale
xv. Environmental Impact Statement
xvi. Agrology and Soil Capability Study
xvii. Integrated Environmental Review Statement
xviii. Phase 1 Environmental Site Assessment (ESA)
xix. Phase 2 Environmental Site Assessment (ESA)
xx. Record of Site Condition
xxi. Wellhead Protection Plan
xxii. Reasonable Use Study
xxiii. Groundwater Impact Assessment
xxiv. Stormwater Site Management Plan
xxv. Archaeological Resource Assessment
xxvi. Tree Preservation and Protection Plan
xxvii. Assessment of Landform Feature
xxviii. Mine Hazard Study / Abandoned Pit or Quarry
xxix. Concept Plan showing ultimate use of land
xxx. Statement of achievement of the Design Objectives and the Design and Compatibility Principles of this Plan
3. Applications for Official Plan amendments of city-wide significance will be considered providing the following criteria are met:
a) The applicable policies in Section 4;
b) The applicable information and reports listed in Policy 2 i. through xxx. above have been submitted; and
c) Additional information regarding the appropriateness of the proposed amendment, including a city-wide analysis and evaluation of all alternatives, has been submitted.
DRAFT PRE-APPLICATION FORM DOCUMENT 2
DRAFT STUDY AND PLAN IDENTIFICATION
LIST DOCUMENT
3