Module 6: Urban Rezoning and Subdivision Process Flashcards

Question

What are the 6 basic zoning categories of land uses? What do they regulate

Answer 1

Categories Agricultural Residential Recreational Institutional Commercial Industrial Each can be then broken down into as many as 10 subsections Regulate Lot and building size Use of the structure and land Specify parking/loading requirements

Answer 2

Rural Acreage residential Half acre residential Urban Single family Duplex Floodplain Compact Mobile home Townhouse Multiple residential Zone 1 (2 storey low rise apartment) Zone 2 (4 storey low rise apartment) Zone 3 (high rise towers)

Answer 3

Requirements Permitted use Height of building Lot area and width Lot coverage Building and accessory building setbacks Parking requirements Density Servicing requirements Landscaping (commercial, industrial, multi family) Define standard terms used in text of the bylaw; an appendix or glossary May involve a minor change in land use from what is already there. It could also be significant

Answer 4

The proposed land use, after subdivision, must comply with required land use, prior to subdivision If intended land use is not approved, then rezoning of the land is required Applicant may initiate a subdivision application provided the required reasoning application is being processed They can be processed concurrently (to speed things up) However, rezoning bylaw has to be adopted before the subdivision application receives final approval

Answer 5

MoTI has jurisdiction as the approving agency Implications Rezoning must be adopted prior to subdivision preliminary layout approval is granted Applicant should proceed cautiously with subdivision application until the full requirements and impact of reasoning application have been established Approving agency, even a municipality, does not have to accept a subdivision application until the correct rezoning if in place

Answer 6

Once subject property has the correct zoning

Answer 7

Planning Overall plan showing proposed layout of lots and roads Show relationship to adjacent roads and properties Lot sizes Check compliance with zoning requirements and that propose open space/park dedications are compatible with the overall objectives for the area Tree preservation plan if mature trees exist on property Engineering Plan of proposed development should also know what municipal services exist in the vicinity of subject site Urban development? Site will require Storm sewers Sanitary sewers Water mains Hydro power Gas Communications Must show proximity and adequacy of nearest available facility Need to upgrade existing mains? Extensions to site? Identify off site services, if required, and who would provide them Cost sharing with local municipality? Outside agency approval Approving authority must advise applicant of external approvals required before application can be fully considered A Ministry? Applicant must file to them too A preliminary proposal may be granted, subject to the submission of more detailed information prior to final approval by approving agency The more detailed aspects of the proposal must be formally addressed by approving agency to applicant

Answer 8

The requirements of the three areas of concern in general terms (planning, engineering, outside agencies) The bylaws that have to be satisfied Engineering and servicing requirements needed Ministry approvals required Also, the terms and conditions for the payment of taxes, fees and charges to be levied against the project Also include Sketch plan of proposed layout specifically identifying agreed requirements

Answer 9

It gives the approval in principle to proceed Subject to the attached conditions Other names Tentative approval Preliminary approval Preliminary layout approval (PLA) Implies: The approval is only preliminary; not a commitment by the approving agency to accept the application unless the required conditions have been adhered to Approval valid for s specified time frame (90, 180 days) Extension may be granted if time frame is inadequate, otherwise a new application will be required A preliminary approval may be wanted by a developer because they will want to make sure their subdivision will actually have a chance to get approval before they commit to grant the development covenant (some sorts of agreements between them and municipality or whoever)

Answer 10

see page 20 https://docs.google.com/document/d/1X2SalmI_iRWmIr4wES-LNslouPj1Hq0aQJdCZK2I9ZM/edit

Answer 11

Responsibilities Coordinating and processing subdivision applications Checks the proposal for compliance with the Subdivision and Zoning Bylaws If rezoning is required, they will advise applicant that an application for this purpose is required Check the proposal against the Community Plan Have any preliminary road or lot layout patterns been established? Check to see if existing road dedications are sufficient, establish additional widening dedications are required, if any Establish the fees and charges to be levied against the project Items addressed Official community plan Overall compliances? Zoning plan Is rezoning required? Concept plans Compatible with local area layouts? Lot size Lot size, buildings, envelopes, etc comply with the details of the zoning bylaw Access Legal and proper access to each of the proposed lots Widenings Are additional road allowances needed? Charges Fees, municipal charges levied against the project?

Answer 12

Responsibilities Establish the services available in the area Detailed record of all existing roads, sewers (storm and sanitary), water mains and street lighting Establish if facilities have sufficient capacity to suit the proposed development Any doubt, will require additional information or reports to confirm the adequacy of these facilities Advice applicant of services required in accordance with the Subdivision Bylaw Supplies copies of plans showing the location of existing facilities Outline requirements for stormwater management policies Elevation and location of survey monuments for bench marks together with limited legal plans of ROWs and easements May have to go to LTO as well Advise the approving officer in detail of the requirements and availability of local services adjacent to the property Approval may be subject to the extension of, or upgrading of, any or all the required services The costs incurred by municipal staff in connecting new services

Answer 13

Stipulates and regulates what services are required for which zones and road classifications

Answer 14

Councils are democratically elected to make decisions on behalf of the community Accountable for those decisions to their electorate 4 year term Only involved when the proposed land use is not compatible with the existing land use (Requires rezoning) If the project is just a straightforward subdivision of land, then it is the approving officer that has to be satisfied Must comply with the necessary acts, regulations and council policies

Answer 15

Many government agencies responsible for various acts and regulations Ministry of Health Services Water supply and septic waste disposal Ministry of Water, Land and Air Protection Fish and wildlife preservation Water management branch Dyking authority Fisheries and Oceans Canada Protection of salmonoid environment Ministry of Transportation and Infrastructure Proximity to provincial highways School Board School site selection and existing school capacity Land Reserve Commission Agricultural land reserve Approving officer must ensure that these agencies have been notified and incorporate their approval or requirements for approval, as part of the final project

Answer 16

Where the Deputy Minister acts as the approving officer in unorganized territory Under the LTA, the Deputy Minister may act as Approving Officer in rural areas not under the jurisdiction of a municipal or regional district approving officer So, responsibilities of Approving Officer falls with MoTI MoTI must be satisfied with the planning, engineering, and other related agencies concerns have been fulfilled Approval of subdivision layouts abutting a controlled access highway, or a rezoning within 800m of a provincial highway where the property is within the jurisdiction of an appointed apoproving officer MoTI must analyse the impact of the proposed development on the current and long term objectives of the highway under their jurisdiction

Answer 17

Rezoning Applicant initiates discussion with Planning Division Applicant submits rezoning application Planning Division Reviews application Planning Division prepares report to Council Does it comply with requirements? Recommendations to Council Council reviews report and authorizes preparation of amending bylaw Introduction, consideration, reconsideration of bylaws is announced Outside agency consultation If accepted, Council gives First Reading to bylaw Municipality holds Public Hearing Council gives Second Reading to bylaw May issue revisions Applicant discusses prerequisites with Planning Division Applicant makes prerequisite submissions Planning Division reviews information and recommends to Council to proceed Council gives Third Reading to bylaw Outside agency review and conditions Applicant completes all prerequisites Planning Division reviews and information and recommends to Council to proceed Council gives Final Adoption to Bylaw (It is more site specific Application is done by individual Specific use requested Specific density requested) Community plan (Taken from Official COmmunity Plans for Local Governments Research) Infrastructure lifecycle costing can be used to help evaluate the costs of different development scenarios Technical analysis Preparation of draft bylaw Decisions about which persons, organizations and authorities to consult One or more opportunities for consultation and engagement Possible revisions to the bylaw A series of formal bylaw readings After first reading, local government must consider the community plan in conjuncture with its financial plan and any relevant waste management plan Refer the plan to ALR Commission if any land is in ALR A public hearing A 4th reading of the bylaw (optional) (It is a ‘global’ plan Amendment may be requested by local community General land use considerations General area densities) Both Both must account for current and proposed land uses (industrial, commercial, residential, agricultural, recreational, institutional) Differences Community plan must make decisions over who the outside consulting agencies are. Who to consult Community plan must do a financial analysis Part of rezoning process is dealing with compliance with Community plan; it references the OFC Rezoning may fall outside of a OFC (unorganized rural area) so it would fall to MoTI Why public hearings are required Get the opinion of local residents What sort of community do they want to build To balance the broad powers of council Get a shared view Local concerns Council may decide if project will proceed after hearing closure (not at public hearing)

Answer 18

Hearings are almost “an act of listening to evidence” Decisions are not made at the public hearing A report is written, summarizing the nature of the representations respecting the bylaw, made a public record Local Government Act doesnt allow for judicial review of the merits of the local government’s decision (judges cannot rule on whether the bylaw is right or wrong, argue on the merits on how the decision was made) However, if council are elected, maybe they want to keep their constituents happy? Municipal councils are elected; 4 year term Regional districts partially elected The only remedy the people opposing the substance of the bylaw have is at the ballot box Remember, the members of a public hearing may be a well organized minority of the community

Answer 19

Councils must show some evidence that their minds are not completely made up before the hearing process begins. Hard to prove or disprove, may have to swear under oath. Must listen with a mind capable of being persuaded by them (some sense of impartiality) Provides a forum at which ALL aspects of the bylaw might be reviewed Community can become fully aware of the bylaws purpose and effect They encourage the local community to engage in ‘fact finding’ or information gathering Provides insight into public attitudes Can enhance the quality of decision that local governments make on land use bylaws They dispel perceptions of arbitrariness, bias, other impropriety on the part of local government in decision making process An educative process for the public, on the understanding of their city\’s growth and change, their contribution Eliminate alienation! Most likely Local road system is inadequate Proposed density is too high Inadequacy of local utilities Safety of children Anything to do with compatibility with future development layouts and long term objectives Public safety Traffic concern Impact on facilities Impact on taxes Least likely Noise Loss of natural environment Property devaluation Negative impact on existing stores Anything that doesnt have much to do with matters of technical or planning nature Emotional opposition Racial or class distinction arguments Unfounded statements

Answer 20

Requires the most lobbying Planning aspect generally requires the most judgement, negotiation and personal opinion In initial informal approval process,all three aspects are of equal importance

Answer 21

Planner Coordinating and processing subdivision applications Compliance with Subdivision and Zoning bylaws? Advise if rezoning application is needed Check compliance with Official Community Plan Are existing roads ok? Need more? Additional widening? Charges, fees levied against project Items: Official Community Plan compliance Zoning plan compliance Is concept compatible with local area layouts? Lot size Access Widening Charges Engineering Establish services to the area Detailed record of all roads, sewers (storm, sanitary), water mains and street lighting Is capacity sufficient? Or upgrades needed? Supply plans showing current services and facilities Outline requirements for stormwater management policies Elevation and location of survey monuments for bench marks Legal plans of ROWs and easements Adjacent property facilities Costs of municipal staff in connecting new services Council Involved if proposed land use is not compatible with existing land use (REQUIRES REZONING) Potential for conflict Decisions in best interest of community, not in council members own best re election interest

Answer 22

Why when not having direct access onto the highway? Impact of developments on highways in terms of access to and from the highway is provided in a safe and effective manner Optimal provision for parking, circulatory roads and access to the public road system is just as important as building location and configuration on the site for ensuring a successful development Developers must make appropriate provision to mitigate their developments direct impact on the transportation system, facilitate the mitigation of overall regional impacts Redevelopment will occur! The potential traffic impact of the development Adjacent roadway functional classification Adjacent roadway traffic volumes

Module 6: Urban Rezoning and Subdivision Process Flashcards

(46 cards)