(1 SUBJECT I VACANT LAND PLAN OF CONDOMINIUM and by mvm76083

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									                                          Agendaitem#       Pa@#

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       TO:                                                      -
                                   CHAIR AND MEMBERS PLANNING COMMllTEE
                                                 MEETING ON
                                               February 8,2010
                                                  D.AILLES
      FROM:
                                                            -
(1              I
                                 MANAGING DIRECTOR DEVELOPMENT APPROVALS
     SUBJECT:              VACANT LAND PLAN OF CONDOMINIUM and SITE PLAN
                                        APPROVALPROCESS



1                                          RECOMMENDATION                                        I
                                                                                                 1
That on the recommendation of the Managing Director of Development Approvals, this report
BE RECEIVED for information. A subsequent report outlining a combined application will be
submitted in June 2010 which will include combined application fees and by-law amendments.


I
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                                          PURPOSE OF REPORT

To advise Planning Committee and Council of a new proposed combined Plan of Condominium
approval process and the Site Plan approval process.


                        PREVIOUS REPORTS PERTINENT TO THIS MATTER

On January 21, 2007, the Planning and Development Department, the City Solicitor and the
City Clerk submitted a general report on the coming into force of Bill 51 - "An Act to Amend the
Planning Act" and the procedural implications on the conduct of Planning Committee meetings.
That report included a complete list of other reports tabled with Planning Committee between
January, 2004 and the present.

The addition of a requirement for public meetings for certain types of condominium corporations
was a recent addition through the Regulations of the Act, and was not discussed in any previous
reports.

March 19, 2007- Information Report. 'Bill 51            -   Impact of Planning Act Changes to the
Condominium Process'.


1                                           BACKGROUND

On January 1, 2007, amendments to the Planning Act came into force, along with the relevant
Regulations. The new Ontario Regulation 544/06,     Section 7, requires notice of application and
the holding of a public meeting for the approval of a vacant land condominium description or a
common elements condominium description. The process for these two types of condominiums
has in the City been changed to comply with the Act. All other condominium types will continue
to be processed administratively by the Council delegated Approval Authority under By-law
C.P.-17 and its predecessors.

Condominium Twes:

The purpose of registering a condominium description is to enable individual units within a multi-
unit development to be sold (this includes industrial and commercial units) while establishing
areas of common elements shared by all unit owners. Changes to the Condominium Act in

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  2001 created 4 new condominium types in additions to the pre-existing Standard condominiurn.

  Standard
  Standard condominium corporations include units, common elements, and sometimes,
  exclusive use common elements areas. The units are usually the inside space of a structure to
  be occupied by the unit owner, but may also include land. Often, multiple condominium
  corporations are registered within one development. Standard condominiums must be entirely
  constructed before the condominium corporation may be registered.

  Amalgamated
  Two or more standard condominium corporations of the same type may amalgamate into one
  corporation. Among other requirements of the Condominium Act, 1998, the owners of at least
  90% of the units in each corporation must consent to the registration of a new condominium
  declaration and description.

 Phased
 A phased condominium corporation is a form of standard condominium in which units and
 common elements are added in phases to the initial registered plan of condominium as
 additional areas within the development are completed. The end result is one Condominium
 Corporation rather than several small corporations within one development.

  Common Elements*
  A common elements condominium corporation is composed of common elements only with no
  condominium units. The owners of related freehold properties own interests in a common
  elements condominium corporation. These are called Parcels of Tied Land (POTL's) and must
  exist in law prior to the registration of the common elements condominium corporation. The
  Condominium Act, 1998 creates lien rights against the freehold interest to ensure the payment
  of common expenses. Changes to the process have been made as a result of revisions to the
  Condominium Act.

d-L
  Units and common elements are developed by a developer on land that is leased from the
  owner of the property. The units can then be sold to other individuals. At the end of the lease
  period, which may range from 40 to 99 years and may be renewed, the land and buildings revert
  back to the owner of the entire parcel of land that was developed.

 Vacant Land*
 Vacant land condominium corporations include units and common elements. The "unit" is a
 Parcel of land on which a building or structure will be constructed by the developer, a builder or
 an individual owner after the condominium corporation is registered. Private services and
 amenities are constructed to private development standards, included as common elements and
 subject to common expenses. The City's Official Plan policies adopted in 2003 limit vacant land
 condominiums to a cluster single detached dwelling form of development only.

  Denotes Plans of Condominium that require Notice of Application and the holding of a public
 meeting.


      1   UNITS
                                    Vacant Land Condominium(zOO3-zOOa)
                                       Aaenda Item #       Pam #




                                        2004      2005         2006    2007    2008
                  Accepted                 1         6            9       6       3
                  Draft Approved           1         4            7       6       2
                  Registered               1           a           2      0       6




I 1.   PURPOSE OF THIS REPORT                                                                          1
 All Vacant Land Condominium applications now require a public meeting to be held under the
 Planning Act. All Vacant Land Condominium applications are within parcels zoned to permit
 cluster housing which also require Site Plan Approval. However, not all Site Plan applications
 require a public meeting. In the case where the site plan requires a public meeting, a
 neighbourhood meeting will be held before the public meeting for the site plan and vacant land
 condo are held. In preparing a consolidation of the Vacant Land Condo application and the Site
 Plan approval process, Staff are of the opinion that there is more value to all parties (applicant,
 the public and City Staff) to consolidate the processes under one application and one process
 stream.

       To iprovide an outline for iprocessina and to combine aipiplications for Vacant Land
                       Condominium aiporoval and the Site Plan aipproval.

 Typically, vacant land condominium applications are submitted during the later stages of the site
 plan process, after the physical layout of development has been established. Depending on the
 circumstances, a site plan public meeting may, or may not have been held. In addition, a
 development agreement between the City and the developer may already have been entered
 into and registered on title.

 Holding a public meeting on the request to change the tenure of the development (Vacant Land
 Condominium Application), after the site plan has already been approved, has little value for
 area residents. Public concerns surrounding development proposals often relate to the built
 form such as fencing, lighting, tree retention, access location, impact of the public realm, etc.
 While the Approval Authority has been able to affect physical outcomes post site plan approval
 to some degree (eg. noise attenuation), most conditions of draft approval for the condominium
 relate to how the land is to be divided into units and common elements, and ensure that proper
 legal relationships and obligations between the Condominium Corporation, the unit owners and
 other adjacent properties are established. As one can anticipate, there is a significant
 disconnect between the expectations of the public and what the Approval Authority can do if a
 final Site Plan has been approved.

 To ensure the public is allowed an opportunity to provide meaningful input at the appropriate
 time in the process continuum, it is recommended the Vacant Land Plan of Condominium and
 Site Plan Approval Processes be combined into one. The benefits of combining the processes
 include one application, one consultation, one circulation, one agreement and one security.

 Other benefits to a coordinated process include one individual managing the development and
 consistency in implementing the vision outlined during the plan of subdivision process, such as
 building orientation, access and noise attenuation. In a combined process, regard can be had
 at the public meeting for land ownership design and site plan issues at the same time. The
 process change may entail changes to City documents such as the Public Participation and
 Condominium Sections of the Official Plan, the Site Plan Control By-law, the Council Policy
 Manual, and the Condominium Submission, Review and Approval Guidelines.

 At this time separate applications will be used. Once application forms have been
 merged notice will be given to all effected parties regarding the newly combined process.

 Puroose of the Public Meetinq
 The value of a combined public meeting is clear; however, it should be held when appropriate
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detailed information is available and has been reviewed by staff. Holding the public meeting too
early in the process would allow for the identification of issues early, identify the general location
of buildings, parking areas, landscaped open space but, answers to many questions such as
drainage, tree preservation, site servicing etc, would not normally be available as the applicant
may not have undertaken such detailed studies until the general location of buildings is set. To
require the applicant to undertake stormwater management and detailed engineering drawings
prior to establishing the general location of the building could lead to significant costs to the
applicant. Holding the public meeting too early in the process may also result in the need to
hold an additional public meeting before the Planning committee to debate issues when this
information becomes available.

Holding the Public Meeting after the general location of the building, parking areas, access
locations and landscaped open space are established, provides opportunity for public input on
site specific issues on the plan of condominium. Supporting information such as stormwater
management and site servicing reports would be completed and allow the Planning Committee
and public to provide input based on a comprehensive Planning Report into the final plan with
the knowledge the background reports support the recommendations.

It is recommended the Public Meeting be held after the general location of the building has been
set and the supporting reports submitted. Council would have established the building envelope
when it considered the zoning and there is no need to duplicate this action when the site plan
and vacant land condo are being considered. Notice to the public after the combined
application is submitted by both a letter to property owners within 120 m (400 ft) of the property
and notice in the Living in the City will provide the public an opportunity to provide input early in
the process. Holding the public meeting at this point in the process is considered a more
efficient use of the Planning Committee’s time and should provide a greater degree of certainty
for the public.

Public Site Plan Process:

Site plan approvals are generally delegated to City Staff, however, some approvals are
considered by City Council after a public participation meeting at Planning Committee. The
City’s role in effective site planning involves the contribution of representatives of various
departments as members of the Site Plan Review Group. Effective site planning benefits both
the property owner and the entire City. The Site Plan Review Group represents the public
interest by ensuring Council guidelines are regarded. Functional and aesthetic concerns
respecting matters such as traffic circulation, public safety, night lighting, pedestrian walkways,
municipal services, drainage, flood protection, environmental quality, waste management, noise
abatement, privacy screening and landscape design are considered. The Site Plan Review
Group contributes to the process by:
    a) identifying issues influencing design decisions at an early stage;
    b) helping property owners identify the physical opportunities and constraints of their
        property;
    c) providing guidance in the most efficient use of the property to meet the functional needs
        of the owner;
    d) ensuring future compatibility of the development within the context of the neighbouring
        properties;
    e) coordinating the requirements of other agencies and departments that have jurisdiction
        and;
    9 providing a forum for sharing information and negotiating a “winlwin” resolution of site
        planning issues.




Until the application forms are combined, it will be a requirement that the condominium
applications are submitted as a complete application and filed concurrently with the site plan
application. The submission of complete packages allows staff to focus on applications
containing the necessary materials to be processed without disruption and resubmission. If the
required documentation is not received together with the fees required under subsection 69(1)
of the Planning Act and the information and material required under subsections 51(17) and

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                                                                                                                Agenda Item #                        Page #




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      51(18) of the Act, the application will be deemed Incomplete, the time period referred to in
      subsection 51(34) of the Act will not begin and the application will be returned to the
      applicant. (See Appendix 'A' for complete application requirements). If an application
      requires a Zoning By-law amendment, the Condominium Application and the Zoning By-Law
      amendment application can be submitted concurrently, although final registration can not be
      granted until the zoning is in place.

    I 2.                 NEW VACANT LAND CONDO AND SITE PLAN PROCESS FLOW                                                                                                                                                                 I
                                                                                                               STEPS IN THE PROCESS

Step 1                              Pre-consultation with Clty of London Development Planning Stalf. Applicants are encouraged tc
                                    meet with a City Planning staff member prior to submitting an application (6th floor, City Hall, 519-661.
                                    2500 ext.4980). This process will be managed by the Planner with involvement from Site Plan Staff.

Step 2                              Preliminary Review Meeting. Meeting with Development Planning staff only to discuss application
                                    (Optional - Greenfieldsituations or complex applications).

Step 3                              Internal Proposal Review Meeting. Meeting with various City Departments to discuss requirement5
                                    for a complete application. (SEE APPENDlX 'A'J

Step 4                              Proposal Review Meeting. Meeting with Applicant and City Staff to discuss complete applicatior
                                    requirements.
                          .                                                                                                         .....
                                                                                                                                   .....                                           ~                         ~.                          ..........
Step 5                              Submit complete application package. This includes information and material identified at a pre.
                                    consultation meeting, a complete application form, required fees, digital file tied to NAD83UTN
                                    horizontal control, authorization letter (with dated, original signature), requested zoning overlay (l
                                    applicable), a reduced copy of the draft plan, elevations, preliminary landscape plan, preliminar)
                                    servicing plan, and 24 rolled copies of the proposed plan of condominium and site plan.

Step 6                              Complete application accepted. The file is opened and timelines for processing are established.
                                                                            __.____                                                                                                                      .____.

Step 7                              Application I Liaison circulated. The notice of receipt of combined application is circulated tc
                                    property owners within 120 M (400 ft) of the parcel, agencies and departments and Notice 01
                                    Application is published in Living in the City.

Step 8                              Planning Committee Report prepared.
.
.
.             ~~                                                                                                    ~ _ _ _ _ _ _ .                                                                                           -
Step 9                              Notice of Public Meeting circulated to property owners within 120 M (400 ft) of the parcel, agencies
                                    and departments and Notice of Public Meeting is published in Living in the City

Step 10                             Public Meeting of Planning Committee. Responses to Notice of Application include and issues
                                    identified.

Step I 1                            Planning Committee reports issues to be addressed by the Approval Authority to Council
                                    Recommendationof Council to Approval Authority
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                                                                                                                                                                      ~ . . ~. . . . .            .......
                                                                                                                                                                                                   ......

Step 12                             Council resolves Issues to be addressed by the Approval Authority
         ~~                                             ....                               .
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                                                                                           .
                                                                                           .                                                            ..................                           .       .                .

Step 13                             Draft approval of Condominium with conditions or Letter o Understanding
                                                                                            f                                                                                                                         - Site Plan
                                    Approvals by Approval Authority.
              ._              .....                                                                         -...
                                                                                                              ...                                 .................      .-        ~             .                                     ....
                                                                                                                                                                                                                                        ...

Step 14                             Notice of draft approval or refusal Circulated                                                                                                                                    ................
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                                                                                                                                                          .................

Step 15                             Preparation of Joint Agreement lSecurity                                                                                                                             .
                                                ~                   . . . . . .

Step 16                             Final Approval of Site Plan                                                                                                                                                                    .
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Step I 7                             Flnal Approval of Plan of Condominium
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Step 18         Registration of Condominium Appeal period

     It is expected the Public Meeting will be held 8-10 weeks after a complete application has been
     received

    I/ 3.   MODIFICATION OF DOCUMENTS                                                                           I/
     Combining the processes will require amendments to the Plan of Condominium delegation by-
     law, the Site Plan delegation by-law, the fees by-law and may require an amendment to the
     Official Plan. At this time, it is recommended staff administratively combine the two processes
     where possible. Over the next 6 months the combined process will be evaluated to review
     opportunities for elimination of duplicate steps. After the trial period a report recommending how
     the process will be combined together with the necessary by-law amendments will be submitted
     to Planning Committee for consideration.



      The benefits of the combined process will include one principle contact person on the file, one
      application, one consultation, one circulation, a joint agreement and security. Other benefits to
      a more coordinated process include better control over the implementation of development
      criteria established on blocks in plans of subdivision, such as building orientation, and noise
      attenuation issues. Land ownership and site plan issues can be presented at the same time.
      This newly combined process will be managed by the Planner with involvement from the Site
      Plan Officer. The combined process provides for a single point of contact which will make the
      process more efficient.

      Until the combined process is finalized, Staff will administratively combine the process and
      eliminate duplicate steps. In June 2010, a report outlining the new process together with the
      necessary by-law amendments will be submitted to the Planning Committee for consideration.




      January 20,2010 NMlnm
      Y:\Shared\SubBSpec\CONDOiZOO9\SilePlan and VLC Report (NM)\Report VLC and Site Plan-January 20 2010.doc

      Attach -Appendix 'A




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                                                                  VLC and SITE PLAN PROCESSIN. Musicco
                                                      Appendix ‘A’

                                  REQUIREMENTS FOR A COMPLETE APPLICATION

\late: If the information below is not received together with the fees required under subsection 69(1) of the PlanningAci
md the information and material required under subsections 51(17) and 51(18) of the Act, the application will be
jeemed incomplete, the time period referred to In subsection 51(34) of the Act will not begin and the appllcatlon
M i l l be returned to the applicant.


     2 copies of each completed applicationform and declarations, completed as required under subsection 51(17) of
     the Plannina Act
     24 rolled copies of the draft plan, completed as required under Section 51(17) of the PlanningAct, INCLUDING a
     Site Data Table and current zoning.
     Icopy of the draft plan on an 8-1/2“ by 14“ or 11” by 17” reduction;
     6 copies of Landscape Plans and Details;
     6 copies Preliminary Servicing Drawings (2 out of the 8 sheets required)
     Icopy of a bibliographyldocument list of all documents you used to support the submission of your application to
     meet the requirements of subsection 51(52.3) and 51(52.4) of the Planning Act, in the event of an Ontario
     Municipal Board Hearing.
     General Format: Author, A. A (Year of Publlcatlon). Title of Document. Clty of Publication: Publlshlng Company.
     Application Fee(s) made payable to the City Treasurer (Refer to Schedule APP-5);
     A Letter of Authorizationfrom the owner (with dated, original signature) OR completion of the Owner’s
     Authorization if the owner Is not filing the application;
     Required studies identied at pre-consultation [Conceptual Drainage Plan, Conceptual Servicing Plan, Tree
     Preservation, Urban Design Brief, Noise Study] ( i applicable) and;

      The file must be tied lo the Cify‘s geographic NAD83 UTM horizontal control (refer to fhe City’s Plans and
     Submission Standards available on-line). The file must contain the plan of condominium in AutoCAD native
     format (.dwg) stored as a single file, with all of the classes of features separated into different layers (eg. Lot lines,
     Lot numbers, Street names, etc.). Please send djgital files to LondonPlanSubmit@ondon.ca. A CD containing
     the plan of condominium in AutoCAD format is also acceptable.




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