Report to/Rapport au :

 

Planning Committee

Comité de l’urbanisme

 

and / et

Council / au Conseil

 

26 October 2011 / le 26 octobre 2011

 

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 : John L. Moser, General Manager, Planning and Growth Management Department/Directeur général, Infrastructure et Viabilité des collectivités

(613) 580-2424 ext. 28869, john.moser@ottawa.ca

 

City-wide

Ref N°: ACS2011-ICS-PGM-0186

 

 

SUBJECT:

Development Review process – changes to Site plan control approval ProceDURES

 

 

OBJET :

Processus d’examen des demandes d’aménagement – Changements aux calendriers d’approbation de la réglementation du plan d’implantation

 

 

REPORT RECOMMENDATION

 

That Planning Committee recommend Council approve changes to the Site Plan Control approval procedures as detailed in Document 1.

 

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme recommande au Conseil d’approuver les changements au processus d’approbation de la réglementation du plan d’implantation, comme l’explique le document 1.

 

 

BACKGROUND

 

In 2001, the Development Services Department, established timelines for the approval of all planning applications. As part of the development of these timelines, staff took into consideration mandatory approval timelines as dictated by the Planning Act, as well as best practices in Ontario garnered through the Ontario Municipal Benchmarking Initiative (OMBI). As part of the development and establishment of approval timelines, the role of Ward Councillors in the approvals process was determined, and the necessary provisions were put into the Delegated Authority By-law.

 

The purpose of this report is to review the site plan control approval timelines and to make recommended changes to improve its efficiency as a Service Excellence initiative.

 

DISCUSSION

 

Authority for the City of Ottawa to regulate the design of construction is found in Section 41 of the Planning Act. Through the Site Plan Control By-law, the City directs that projects of a certain size must be reviewed by means of site plan control. Through this process the City is able to regulate:

The City of Ottawa has four types of site plan control approval - Two-Stage Site Plan Approval Process, Site Plan – Manager Approval – Public Consultation, Site Plan – Manager Approval – No Public Consultation, and Site Plan - Assigned Planner Approval – No Public Consultation. The four types have been developed with a mind to the complexity of the application, the technical nature of the application, and the need to ensure that there is appropriate public engagement in the development review process. Of the four types, all but the Assigned Planner Approval type of application require the concurrence of Members of Council for approval.

 

Site plan control is the component of the development review process where the Ward Councillor often wish to have the most input into the development proposal as the issues under review often create the most impact on the adjoining properties and neighbourhood. As such, when developing the development review process Council chose to require the concurrence of the Ward Councillor for site plan control.

In Canada and in Ontario, there is an inconsistent approach to the role of elected officials in site plan control with some municipalities requiring the concurrence of elected officials for an approved application, others providing the option of either Councillor or Committee approval, and other municipalities delegating the complete site plan control approval function to staff.

 

In Ottawa, the Council-approved target for site plan control approval for the most common form of site plan control, Site Plan Control – Manager approved – Public Consultation, is 74 days, extended by a further 14 days if a Community Information and Comment Session is required to total 88 days.

 

Providing notice to technical agencies, public bodies, registered community organizations, and consultation with the public occurs between Day 14 and Day 42. If the Ward Councillor wishes to lift delegated authority from staff and have the matter go to Planning Committee or Agricultural and Rural Affairs Committee following the circulation period and possibly an open house, they are to advise the File Lead at this point. The File Lead will then draft a Committee report and the site plan conditions and prepare them for Committee’s review.

 

Should delegated authority not be withdrawn, issues that arise from the circulation period are addressed by Day 57. From there, the delegated authority report and set of site plan conditions is prepared and sent to the applicant and the Ward Councillor by Day 64 and they are given seven working days to provide their concurrence (by Day 74).

 

As Figure 1 demonstrates, approval timelines consistently do not meet the Council-approved timelines for this type of application.

 

Figure 1

 

Year

 

On/Below Target

+ 30 Days from Target

+ 60 Days from Target

+ 90 Days from Target

Beyond 90 Days from Target

Total Number of Applications Processed

2010

32%

30%

20%

5%

13%

94

2009

43%

31%

10%

5%

11%

98

2008

39%

25%

14%

9%

13%

102

2007

29%

38%

13%

6%

14%

110

2006

24%

34%

18%

11%

13%

138

 

 

Planning and Growth Management staff have reviewed Site Plan Control approval procedures to determine how efficiencies could be made. One of the areas identified were the timelines with respect to delegated authority report concurrence. In an effort to improve approval timelines and provide certainty to the applicant while also providing the community adequate time to have input in the development review process, the following changes to the development process procedures are recommended.

 

 

Revised Site Plan Control Procedures

 

1.                  The draft delegated authority report and set of conditions is given to the Councillor and Applicant for approval by Day 64. The Councillor has seven business days to provide their concurrence to the File Lead.

 

2.                  If the Applicant is willing to sign off on the conditions but the Councillor is not, then the Councillor is informed by the Program Manager for the Development Review area that the draft delegated authority report and conditions are being scheduled for the next meeting of Planning Committee or Agricultural and Rural Affairs Committee that meets Council’s notice of public meeting provisions.

 

3.                  The File Lead prepares a 1-2 page covering report to Planning Committee or Agricultural and Rural Affairs Committee using a generic template and attaches the draft delegated authority report and conditions.

 

4.                  The Committee report and set of conditions is provided to respondents of the public consultation (at least 10 days prior to the Committee meeting) and the meeting is advertised accordingly.

 

5.                  The item is placed on the Planning Committee or Agricultural and Rural Affairs Committee agenda under a standing item at the end of the agenda called “Site Plan Control Applications”.

 

6.                  Once Committee deals with the matter it is referred back to staff and follows regular procedures.

 

It should be noted that this does not impact the ability for the public to provide their feedback on a site plan control application. The initial circulation period remains and should the Ward Councillor believe at the time that concurrence is required that the public requires further deliberation or an opportunity to comment on the application, then this can be achieved at Committee.

 

RURAL IMPLICATIONS

 

The procedural changes will affect Site Plan Control applications in the rural area.

 

CONSULTATION

 

As this report is administrative in nature public consultation was not undertaken.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

N/A

 

LEGAL IMPLICATIONS

 

Pursuant to the Planning Act, Section 41, an applicant may refer a site plan to the Ontario Municipal Board 30 days after the site plan application is submitted to the City.

 

RISK MANAGEMENT IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

TECHNOLOGY IMPLICATIONS

 

N/A

 

SUPPORTING DOCUMENTATION

 

Document 1    Revised Site Plan Control Procedures

 

CITY STRATEGIC PLAN

 

N/A

 

DISPOSITION

 

Staff in Planning and Growth Management will implement the procedural changes for all site plan applications in progress following approval of this report by Council.

 

 


Revised Site Plan Control procedures                                       Document 1

 

1.      The draft delegated authority report and set of conditions is given to the Councillor and Applicant for approval by Day 64. The Councillor has seven business days to provide their concurrence to the File Lead.

 

2.      If the Applicant is willing to sign off on the conditions but the Councillor is not then the Councillor is informed by the Program Manager for the Development Review area that the draft delegated authority report and conditions are being scheduled for the next meeting of Planning Committee or Agricultural and Rural Affairs Committee that meets Council’s notice of public meeting provisions.

 

3.      The File Lead prepares a 1-2 page covering report to Planning Committee or Agricultural and Rural Affairs Committee uses a generic template and attaches the draft delegated authority report and conditions.

 

4.      The Committee report and set of conditions is provided to respondents of the public consultation (at least 10 days prior to the Committee meeting) and the meeting is advertised accordingly.

 

5.      The item is placed on the Planning Committee or Agricultural and Rural Affairs Committee agenda under a standing item at the end of the agenda called “Site Plan Control Applications”

 

6.      Once Committee deals with the matter it is referred back to staff and follows regular procedures.