5. AMENDMENT TO
PLANNING APPLICATION FEES BY-LAW AND CONDOMINIUM APPLICATION TIMELINES MODIFICATION DU
RÈGLEMENT FIXANT LES DROITS RELATIFS AUX DEMANDES D'AMÉNAGEMENT et délais des
demandes relatives aux coppropriétés |
agriculturE
and rural affairs committee and Planning and environment Committee
recommendations as amended
That
Council:
1. Approve the establishment of new fees
for Common Elements and Vacant Land Plans of Condominium, as detailed in
Document 1 as amended to correct legal fees, and amend the Planning Fees
By-law accordingly, effective 1 February 2009; and
2. Approve the establishment of a revised
timeline for Common Elements and Vacant Land Plans of Condominium applications,
as detailed in Document 2.
3. Replace reference in Document 1 of
“1,606.50 Legal Fee + GST” with
“1,530.00 Legal Fee + GST” and correct reference to “687.75 Legal Fee +
GST” with “655.00 Legal Fee + GST”.
RecommandationS modifiÉeS DU Comité de l’agriculture et des questions
rurales et DU Comité de l’urbanisme et de l’environnement
Que le Conseil :
3. remplace
dans le document 1 la référence de « 1 606,50 de frais judiciaires +
TPS » par « 1 530,00 de frais judiciaires + TPS » et de
corriger la référence de « 687,75 de frais judiciaires + TPS » par
« 655,00 de frais judiciaires + TPS ».
Documentation
1.
Deputy
City Manager's report, Infrastructure Services and Community Sustainability,
dated 18 December 2008 (ACS2009-ICS-PLA-0013).
2. Extract
of Draft Minutes, 13 January 2009.
Report to/Rapport au :
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
18 December 2008 / le 18 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 : Grant Lindsay, Manager/Gestionnaire,
Development Approvals/Approbation des demandes d'aménagement, Planning and
Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
REPORT RECOMMENDATIONS
That the Agricultural and Rural Affairs Committee and the Planning
and Environment Committee recommend Council:
1. Approve the establishment of new fees
for Common Elements and Vacant Land Plans of Condominium, as detailed in
Document 1, and amend the Planning Fees By-law accordingly, effective 1
February 2009; and
2.
Approve the establishment of a
revised timeline for Common Elements and Vacant Land Plans of Condominium
applications, as detailed in Document 2.
Que le Comité de l'agriculture et des questions rurales et le Comité de
l'urbanisme et de l'environnement recommandent au Conseil :
BACKGROUND
The Province made significant revisions to the Planning Act through Bill 51, which resulted in several new or changed planning requirements. One of the new requirements is for a more involved public process for certain types of condominium applications, specifically Vacant Land and Common Elements condominiums.
These two types of
condominiums are different from other types of condominiums in that they do not
involve vertically stacked units that are commonly found in a high-rise
building. Instead, Vacant Land and
Common Elements condominiums involve the laying out of a common element such as
a private street, and in the case of Vacant Land condominiums, horizontal units
with no building or structure. In this
sense, these two types of condominiums are similar to a subdivision. Furthermore, unlike most other types of
condominium applications, these two types of condominiums are not always
accompanied by another public planning application process, such as a subdivision
or site plan application.
DISCUSSION
The revised Planning Act requirements are now the same for processing applications for Vacant Land and Common Elements condominiums as for subdivisions. Specifically, this includes notification of additional public bodies and adjacent residents, posting of an on-site sign, and a statutory public meeting. Staff recommend that these types of condominiums also be aligned with the City’s public notification and consultation policy. Other types of condominiums would still not be subject to public consultation.
The additional steps in the revised planning process for Vacant Land and Common Elements condominium applications will have the effect of lengthening the process, which means changes to the Council-approved application timelines are required. The change would be an increase of 35 days to the point in the process where a decision is rendered. It is proposed that the additional time be added as follows:
· Public circulation—14 additional days (28 days versus 14 days)
· Public meeting—21 additional days
Further details of the revised process timeline are included in Document 2.
The level of effort required to process Vacant Land and Common Elements condominium applications is greater than for other types of condominiums as they require more detailed level of review. This is because Vacant Land and Common Elements condominiums often will have additional considerations usually reviewed during a subdivision or site plan process. As a result of this, the cost of reviewing these types of condominium applications is expected to increase. Staff recommend increasing the fees for Vacant Land and Common Elements condominiums as set out in Document 1. This sum is required to contribute to cost recovery of notice to the Public, technical agencies, and the additional staff time and effort to process the application.
This fee increase represents approximately the same fee as the current condominium and site plan application fees combined, or the equivalent fee of a typical subdivision application. The condominium application fee will not increase in situations where a Site Plan application is submitted concurrently with a condominium, so as to avoid redundant fees.
Note that the existing condominium process and fees will still apply to all other types of condominium applications, including Standard, Phased, and Leasehold condominiums.
CONSULTATION
Staff have been in contact with select representatives of the development community for the proposed changes for condominiums. Since the condominium process revisions are administrative in nature, no formal public consultation is required.
N/A
The average volume of Vacant Land and Common Elements Condominium
applications is five per year, or approximately 20 per cent of all Condominium
applications. The intent of the
increase in application fee for the Vacant Land and Common Elements
Condominiums is to contribute toward cost recovery of the increased processing
costs associated with the additional requirements under Bill 51.
Document 1 Proposed Condominium Fee Schedule
Document 2 Proposed Condominium Process Timelines
DISPOSITION
Legal Services to prepare the amendment to the Fees By-law
1. Vacant
Land and Common Elements Condominiums:
Draft Plan
Approval Fees Required at Application Submission: |
|
Planning Fee: |
|
New Vacant Land or Common Elements Condominium fee: |
$26,335.00* (includes $1,606.50 Legal Fee + GST) |
Plus |
|
Initial Engineering Design Review and
Inspection Fee: |
$5,000 (includes GST) (value of Hard and Soft Servicing
<$300,000) or $10,000 (includes
GST) (value of Hard and Soft Servicing >$300,000) |
|
|
New Vacant Land or Common Elements
Condominium fee if an associated Site Plan is submitted concurrently for the
entire lands: |
$11,516.50* (includes $1,606.50 Legal Fee + GST) |
|
|
Revisions/Extensions to Draft Plan Approval Fee: |
$2,422.75 (includes $687.75 Legal Fee + GST) |
Plus |
|
Conservation Authority Fee: |
2. Standard, Phased, and Leasehold
Condominiums:
New Draft Plan Approval and Registration Fee: |
$11,116.50 (includes $1,606.50 Legal Fee + GST) |
Revisions/Extensions to Draft Plan Approval Fee: |
$2,422.75 (includes $687.75 Legal Fee + GST) |
Plus |
|
Conservation Authority Fee: |
Conservation Authority will invoice separately as required. |
CONDOMINIUM PROCESS (VACANT
LAND/COMMON ELEMENTS) (Calendar Days/Weeks
Elapsed) |
||
Milestone Step
|
Delegated Authority
|
Authority Withdrawn
|
Prior to Filing Application |
|
|
Application Submission |
Day 1 |
|
Application
Deemed Complete |
Day 6 |
|
Community
“Heads Up” |
Day 9 |
|
Technical
Circulation |
Day 14 (Week 2) |
|
Notice to Community Groups/ Posting of
On-site Sign |
Day 14 (Week 2) |
|
End of
Comment Period |
Day 42 (Week 6) |
Day 42 (Week 6) Last date to
withdraw delegated authority |
Statutory
Notice of Application and Public Meeting to Public |
Day 49 (Week 7) |
N/A |
Statutory
Public Meeting (in community) |
Day 63 (Week 9) |
N/A |
End of Issue
Resolution/Delegated Authority Memo Preparation |
Day 77 (Week 11) |
N/A |
Concurrence by Ward Councillor/ Draft
Approval by Manager |
Day 87 (Week 12.5) |
N/A |
End of Issue Resolution/Committee Report
Preparation |
N/A |
Day 63 (Week 9) |
Report Sign off |
N/A |
Day 70 (Week 10) |
Financial Comment/Deadline for Committee Report to
City Clerk |
N/A |
Day 77 (Week 11) |
Statutory
Notice of Application and Committee Meeting (mail out to property owners +
on-site sign update) |
N/A |
Day 83
(Week 12) |
Committee Public
Meeting |
N/A |
Day 98 (Week 14) |
Draft
Approval by Committee |
N/A |
Day 98 (Week 14) |
Notice of
Decision |
Day 102 (Week 14.5) |
Day 113 (Week 16) |
End of
Appeal Period |
Day 123
(Week 18) |
Day 134 (Week 19) |
Clearance of
Conditions/Signing of Agreement/Posting of Securities |
No time
limit |
No time
limit |
Final
Approval by General Manager/Registration of Plan |
One month |
One month |
AMENDMENT TO PLANNING APPLICATION FEES BY-LAW AND CONDOMINIUM APPLICATION
TIMELINES
MODIFICATION
DU RÈGLEMENT FIXANT LES DROITS RELATIFS AUX DEMANDES D'AMÉNAGEMENT ET DÉLAIS
DES DEMANDES RELATIVES AUX COPPROPRIÉTÉS
ACS2009-ICS-PLA-0013 CITY
WIDE/À L'ÉCHELLE DE LA VILLE
Moved by
P. Feltmate:
WHEREAS the Report Recommendation of Planning and Environment Committee
Report ACS2009-ICS-APR-0013 contains a minor error in Document 1;
AND WHEREAS, within said document, reference is made to “1,606.50 Legal
Fee + GST” while reference should be made to “1,530.00 Legal Fee + GST”;
AND WHEREAS, in said document, reference is made to “687.75 Legal Fee +
GST”, while reference should be made to “655.00 Legal Fee + GST”;
THEREFORE BE IT RESOLVED THAT Committee approve the required correction.
CARRIED
That the Agricultural and
Rural Affairs Committee and the Planning and Environment Committee recommend
Council:
1. Approve the establishment of new fees
for Common Elements and Vacant Land Plans of Condominium, as detailed in
Document 1, as amended to correct legal fees, and amend the Planning
Fees By-law accordingly, effective 1 February 2009; and
2. Approve the establishment of a revised
timeline for Common Elements and Vacant Land Plans of Condominium applications,
as detailed in Document 2.
3. Replace reference in Document 1 of
“1,606.50 Legal Fee + GST” with
“1,530.00 Legal Fee + GST” and correct reference to “687.75 Legal Fee +
GST” with “655.00 Legal Fee + GST”.
CARRIED
as amended