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Land Development and Development Review Process 2

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Land Development and Development Review Process 2. Planning and Growth Management Department . Presentation to Planning Committee. February . 14. th, 2011 – PowerPoint PPT presentation

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Title: Land Development and Development Review Process 2


1
Land Development and Development Review Process 2
Planning and Growth Management Department
Presentation to Planning Committee February
14th, 2011
2
Heritage Designation under the Ontario Heritage
Act
  • Most of the designated heritage properties in
    Ottawa are located in 16 heritage conservation
    districts designated under Part V of the Ontario
    Heritage Act. There are approximately 3500
    properties in those districts.
  • Approximately 350 properties are designated
    individually under Part IV of the Ontario
    Heritage Act.

3
  Heritage Designation under the Ontario Heritage
Act
  • Reports to Council arising from authority
    vested in the City of Ottawa under the Ontario
    Heritage Act (OHA). 
  • Designation of individual heritage properties
    under Part IV of OHA
  • Applications to alter or demolish properties
    designated under Part IV of OHA
  • Recommendations to study and designate heritage
    conservation districts under Part V of OHA
  • Applications to alter or demolish properties
    under Part V of OHA
  • Applications for new construction in areas
    designated as heritage districts under Part V of
    OHA

4
How do applications flow through the system ?
  • Application
  • Heritage Unit
  • Planning and Growth Management Department
  • Ottawa Built Heritage Advisory Committee (OBHAC)
     
  • Planning Committee or
  • Agriculture and Rural Affairs Committee
  • City Council ( within 90 days of application or
    deemed approved)

5
What is OBHAC?
  • Formerly known as the Local Architectural
    Conservation Advisory Committee
  • OBHAC is a Council-appointed advisory committee
    established under the authority of the Ontario
    Heritage Act.
  • OBHAC comments on all heritage applications
    before they proceed to Planning Committee and
    Council.

6
St. Clares Church
7
Ornate House- Laurentian Club?
Laurentian Club
8
Fraser Schoolhouse
9
Minto Bridges
10
What criteria are used in designating a property
individually under the OHA ?
  • Ontario Regulation 09/06
  • Enacted in 2006 after amendments to the Ontario
    Heritage Act in 2005.
  • Meant to standardize evaluation process across
    the province
  • Regulation requires that a property may be
    designated under the OHA if one of three criteria
    is met
  • Design or physical value
  • Historical or associative value
  • Contextual Value

11
Statement of Reason
  • Statement of Reason for Designation/Statement of
    Cultural Heritage Value or Interest
  • A document used to identify the key heritage
    values of an historic place
  • Three key elements
  • Description of historic place
  • Statement of heritage value
  • Character Defining Elements/Heritage Attributes

12
Statement of Reason continued
  • Exterior
  • Cross gambrel roof, decorative brickwork, Leaded
    glass double door, Use of materials
  • Interior
  • Plaster decoration, eight fireplaces with
    mantles, wood panelling, newel posts and
    balustrades
  • Carriage House
  • Corner towers, decorative brickwork, hipped Roof

13
Process to designate under Part IV
14
Applications under the Ontario Heritage Act
  • Demolition or alteration to a designated building
    require a heritage permit under the authority of
    the Ontario Heritage Act (OHA).
  • Proponent works with staff to come up with a
    sensitive solution
  • Must be processed through OBHAC, Planning
    Committee or Agriculture and Rural Affairs
    Committee and Council for approval

15
Appeals under Part IV
  • Appeal of designation by any member of the public
  • Appeal of alteration/demolition only by the owner
    of the property
  • All appeals under Part IV referred to the
    Conservation Review Board

16
Conservation Review Board (CRB)
  • Quasi-judicial board appointed by the province to
    hold hearings on matters related to cultural
    heritage
  • Makes recommendations to municipal Councils about
    heritage disputes
  • Decision of CRB is not binding

17
Part V Designation Heritage Conservation
Districts
  • Designation of a Heritage Conservation District
    (HCD) through Municipal Bylaw
  • Can be a few houses (Stewart/Wilbrod) or a whole
    neighbourhood (New Edinburgh)
  • 16 districts in Ottawa (3500 properties)

18
Heritage Conservation Districts
19
New Construction in Heritage Conservation
Districts
  • General guidelines
  • Contemporary architecture, not historic
  • Respect character and scale of the district
  • Setbacks and height should be respected

20
279-283 Dalhousie Street
21
Use of materials
Strong, Modern Cornice
Clerestory Windows
Sign Band
Small storefront bays
Tyndal stone pilasters
22
Alterations/Additions in Heritage Conservation
Districts
  • General guidelines
  • Contemporary and distinguishable from original
  • Complement, not copy the original
  • Be located at the rear of the building
  • Respect height, scale and massing

23
217-221 Laurier Avenue
24
Planning Tools to Protect Heritage
  • Provincial Policy Statement (2005)
  • Official Plan
  • Heritage zoning/overlay
  • Performance Securities
  • Relationship to Ontario Building Code
  • Heritage Grants
  • Integration with the municipal development review
    process

25
Standards and Guidelines for the Conservation of
Historic Places in Canada
  • Adopted by Council in 2008
  • National standard for conservation
  • Developed in 2003 by Parks Canada as part of the
    Historic Places Initiative

26
After Approvals Development Inspections and
Building Inspections
27
Preparing to construct / demolish
  • Planning approvals obtained
  • MOE and other approvals obtained
  • Tree permit(s) obtained
  • Development agreement executed, securities
    submitted, early servicing approval granted
  • Building permit issued
  • Construction commences

28
Development Inspections
  • Installation of infrastructure, services and
    amenities
  • Ensure the site is developed consistent with
    development agreements, while allowing the
    developer to do what they do
  • Timing for various phases and installations of
    infrastructure, services and amenities is
    complex, interdependent and is mostly market
    driven

29
Development Inspections
  • Need to consider when the agreements were
    executed (different clauses reflect the different
    approaches adopted over time)
  • Securities motivate the developer to complete the
    construction of services and amenities in
    accordance with the development agreements

30
Development Inspections
  • Development Inspectors review
  • Infrastructure installations and connections
    (sewers, ponds, water, roadways, curbs, parks,
    trees, streetlights, etc), grading and drainage
  • Various components rely on information provided
    by consulting engineers

31
Development Inspections
  • Enforcement through securities and/or court
    action for breach of contract
  • Infrastructure work must be accepted by City per
    agreement before partial and full release of
    securities

32
Development Inspections
  • Issues
  • Poor construction/project management
  • Developer oversells and is overextended
  • No control over timing of development
  • Construction debris, noise, ponding, etc.

33
Development Inspections
  • Issues
  • High expectations by new resident that all
    amenities will be installed at outset.
  • Impatience with developer not completing the
    development fast enough.

34
Development Inspections
  • Solutions subject of a report to Planning
    Committee February 22nd
  • New mandatory and enforceable targets for the
    installation of asphalt, installation and
    illumination of streetlighting, curbs, sidewalks,
    paved driveways, lot sodding, and tree planting,
    noise mitigation measures

35
Building Construction
  • Building Code Act establishes province-wide
    building construction regulatory scheme
  • Purpose promote public safety through the
    application of uniform building standards
  • Legislation regulates construction, not the
    builders or the trades involved

36
Building Construction
  • Responsibility is first and foremost that of the
    property owner/permit holder/builder to build in
    compliance with the Building Code
  • The City is tasked to enforce the Act and Code
  • The City does this via permitting and inspections
    program

37
Building Construction
  • Building construction / renovation/ demolition
    cannot proceed without a Building Permit (must
    have picked it up and be on display)
  • Site preparation can proceed before Code permit
    is issued
  • Excavation for shoring and foundation
    construction

38
Building Construction
  • Permit is only issued if all applicable law will
    be complied with once constructed
  • Heritage Act
  • Planning Act (zoning, Demolition Control By-law)
  • Decision only of OMB and Committee of Adjustment
  • 25 other legislations
  • BUT not Tree Conservation By-law, Drainage
    By-law, by-laws in general

39
Building Construction
  • Issues
  • Poor workmanship Ontario Building Code does not
    regulate
  • Each permit application and permit must be
    evaluated on own merit, ie., poor performance at
    one site is not basis for refusing permit for
    another
  • Inspections of building construction by Building
    Officials at specific completed stages -- we do
    not revisit what was previously passed

40
Building Construction
  • Issues
  • Community / neighbour opposed to construction a
    building permit can only be issued once it has
    been determined that there is intent to comply,
    that the building as constructed will meet OBC
    and applicable law requirements
  • No notification requirements

41
Building Construction
  • Issues
  • It is not possible for all aspects of the
    building to be inspected, nor is the City present
    at all times
  • Violations do occur. When observed, these are
    captured in Inspection Reports (deficiencies) or
    in Orders to Comply
  • Act promotes compliance, ie., tools are provided
    to obtain compliance. Act is not punitive

42
Building Construction
  • Occupancy Permits
  • An occupancy permit confirms to the permit holder
    that any deficiencies noted in the Citys
    Inspection Reports have been resolved and that
    the minimum requirements for occupancy have been
    met
  • City does not control when actual occupancy of a
    new dwelling occurs
  • If occupancy occurs prior to occupancy permit
    being issued, the builder and homeowner must work
    together to resolve outstanding deficiencies

43
Building Construction
  • Occupancy Permits, contd
  • Issuance of final occupancy permit signals to the
    permit holder that their responsibilities related
    to the permit have been met. The permit file is
    closed.
  • There is no longer any legal basis for the
    Inspector to require the permit holder to
    undertake any additional work.

44
Post occupancy permit
  • Deficiencies, if any, may be covered under terms
    of the purchase and sale agreement (contract law)
  • City is not involved in civil disputes between
    vendor and purchaser

45
Post occupancy permit
  • Deficiencies may be covered under New Home
    Warranty program (TARION)
  • www.tarion.ca outlines the program in detail
  • Tarion only applies to new construction
  • Detailed processes and strict timelines for
    submitting claims
  • Not all deficiencies covered

46
Quick recap Role of the City
  • The Planning Act sets out general parameters and
    processes for development.
  • Other limited interferences imposed by
    legislations Heritage Act, Environmental
    Protection Act, Building Code Act, etc.
  • The legislations do not regulate the building
    industry/owner, rather, these inject order and
    minimum safety standards into development.

47
Ontario Building Code Act
  • The Ontario Building Code prescribes minimum
    standards.
  • Minimum building standards for health (e.g.,
    plumbing), fire protection (e.g., exit facility
    and smoke detector), and structural sufficiency
    of buildings.

48
  • Questions?
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