Land Development and Development Review Process 2

Land Development

and Development

Review Process 2

Planning and Growth Management Department Presentation to Planning Committee

February 14th, 2011

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Heritage Designation under the Ontario Heritage Act

l 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.

l Approximately 350 properties are designated individually under Part IV of the Ontario Heritage Act.

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 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).

l Designation of individual heritage properties under Part IV of OHA;

l Applications to alter or demolish properties designated under Part IV of OHA;

l Recommendations to study and designate heritage conservation districts under Part V of OHA;

l Applications to alter or demolish properties under Part V of OHA:

l Applications for new construction in areas designated as heritage districts under Part V of OHA;

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How do applications flow through the system ?l Application l Heritage Unitl Planning and Growth Management

Departmentl Ottawa Built Heritage Advisory Committee

(OBHAC) l Planning Committee or l Agriculture and Rural Affairs Committeel City Council ( within 90 days of application

or deemed approved)

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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.

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St. Clare’s Church

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Ornate House- Laurentian Club?

Laurentian Club

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Fraser Schoolhouse

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Minto Bridges

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What criteria are used in designating a property individually under the OHA ?

Ontario Regulation 09/06l Enacted in 2006 after amendments to the

Ontario Heritage Act in 2005.l Meant to standardize evaluation process

across the provincel Regulation requires that a property may be

designated under the OHA if one of three criteria is met:l Design or physical valuel Historical or associative valuel Contextual Value

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Statement of Reason

Statement of Reason for Designation/Statement of Cultural Heritage Value or Interestl A document used to identify the key

heritage values of an historic placel Three key elements:

l Description of historic placel Statement of heritage valuel Character Defining Elements/Heritage

Attributes

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Statement of Reason continued

Exterior:l Cross gambrel roof,

decorative brickwork, Leaded glass double door, Use of materials

Interior:l Plaster decoration, eight

fireplaces with mantles, wood panelling, newel posts and balustrades

Carriage House:l Corner towers, decorative

brickwork, hipped Roof

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Process to designate under Part IV

Bylaw passed after 30 day appeal period

30 day appealperiod

Property EvaluationAnd Staff Report

Reviewed by MHC &Committee

City Council Votes todesignate

Notice of Intention

To Designate Issued

Conservation ReviewBoard

Hearing

City CouncilReviews CRB

Reportand

votes again

1. Council passesBylaw

2. Council withdraws

Notice of Intention

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Applications under the Ontario Heritage Actl Demolition or alteration to a

designated building require a heritage permit under the authority of the Ontario Heritage Act (OHA).

l Proponent works with staff to come up with a sensitive solution

l Must be processed through OBHAC, Planning Committee or Agriculture and Rural Affairs Committee and Council for approval

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Appeals under Part IV

l Appeal of designation by any member of the public

l Appeal of alteration/demolition only by the owner of the property

l All appeals under Part IV referred to the Conservation Review Board

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Conservation Review Board (CRB)

l Quasi-judicial board appointed by the province to hold hearings on matters related to cultural heritage

l Makes recommendations to municipal Councils about heritage disputes

l Decision of CRB is not binding

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Part V Designation Heritage Conservation Districts

l Designation of a Heritage Conservation District (HCD) through Municipal Bylaw

l Can be a few houses (Stewart/Wilbrod) or a whole neighbourhood (New Edinburgh)

l 16 districts in Ottawa (3500 properties)

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Heritage Conservation Districts

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New Construction in Heritage Conservation Districts

General guidelines:l Contemporary architecture, not

historicl Respect character and scale of the

districtl Setbacks and height should be

respected

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279-283 Dalhousie Street

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Strong, Modern Cornice

Small storefront bays

Clerestory Windows

Sign Band

Use of materials

Tyndal stone pilasters

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Alterations/Additions in Heritage Conservation Districts

l General guidelines:l Contemporary and distinguishable

from originall Complement, not copy the originall Be located at the rear of the buildingl Respect height, scale and massing

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217-221 Laurier Avenue

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Planning Tools to Protect Heritage

l Provincial Policy Statement (2005)l Official Planl Heritage zoning/overlayl Performance Securitiesl Relationship to Ontario Building Codel Heritage Grantsl Integration with the municipal development

review process

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Standards and Guidelines for the Conservation of Historic Places in Canada

l Adopted by Council in 2008l National standard for conservation l Developed in 2003 by Parks Canada as

part of the Historic Places Initiative

After Approvals – Development Inspections and

Building Inspections

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Preparing to construct / demolishl Planning approvals obtainedl MOE and other approvals obtainedl Tree permit(s) obtainedl Development agreement executed,

securities submitted, early servicing approval granted

l Building permit issuedl Construction commences

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Development Inspections

Installation of infrastructure, services and amenities:

l Ensure the site is developed consistent with development agreements, while allowing the developer to do what they do

l Timing for various phases and installations of infrastructure, services and amenities is complex, interdependent and is mostly market driven

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Development Inspections

l Need to consider when the agreements were executed (different clauses reflect the different approaches adopted over time)

l Securities motivate the developer to complete the construction of services and amenities in accordance with the development agreements

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Development Inspections

l 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

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Development Inspections

l Enforcement through securities and/or court action for breach of contract

l Infrastructure work must be accepted by City per agreement before partial and full release of securities

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Development Inspections

l Issues: Poor construction/project management; Developer oversells and is overextended; No control over timing of development; Construction debris, noise, ponding, etc.

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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.

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Development Inspections

l 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

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Building Constructionl Building Code Act establishes

province-wide building construction regulatory scheme

l Purpose: promote public safety through the application of uniform building standards

l Legislation regulates construction, not the builders or the trades involved

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Building Constructionl Responsibility is first and

foremost that of the property owner/permit holder/builder to build in compliance with the Building Code

l The City is tasked to enforce the Act and Code

l The City does this via permitting and inspections program

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Building Constructionl Building construction /

renovation/ demolition cannot proceed without a Building Permit (must have picked it up and be on display)

l Site preparation can proceed before Code permit is issued

l Excavation for shoring and foundation = construction

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Building Constructionl 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

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Building Constructionl 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

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Building Construction

l 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

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Building Constructionl 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

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Building ConstructionOccupancy Permits: l An occupancy permit confirms to the permit

holder that any deficiencies noted in the City’s Inspection Reports have been resolved and that the minimum requirements for occupancy have been met

l City does not control when actual occupancy of a new dwelling occurs

l If occupancy occurs prior to occupancy permit being issued, the builder and homeowner must work together to resolve outstanding deficiencies

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Building ConstructionOccupancy Permits, cont’dl 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.

l There is no longer any legal basis for the Inspector to require the permit holder to undertake any additional work.

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Post occupancy permit

l Deficiencies, if any, may be covered under terms of the purchase and sale agreement (contract law)

l City is not involved in civil disputes between vendor and purchaser

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Post occupancy permit

l Deficiencies may be covered under New Home Warranty program (TARION)

l www.tarion.ca – outlines the program in detail

l Tarion only applies to new constructionl Detailed processes and strict timelines for

submitting claimsl Not all deficiencies covered

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Quick recap – Role of the City

l The Planning Act sets out general parameters and processes for development.

l Other limited interferences imposed by legislations: Heritage Act, Environmental Protection Act, Building Code Act, etc.

l The legislations do not “regulate” the building industry/owner, rather, these inject order and minimum safety standards into development.

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Ontario Building Code Act

l The Ontario Building Code prescribes minimum standards.

l Minimum building standards for health (e.g., plumbing), fire protection (e.g., exit facility and smoke detector), and structural sufficiency of buildings.

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Questions?