Module 6: Urban Rezoning and Subdivision Process Flashcards
Explain the general requirements and steps in the process of rezoning an urban site
If you want to change the zoning for a given site, a local council needs to approve a new bylaw (Section 903 Local Government Act)
- applicant initiates discussion with Planning Division
- applicant submits rezoning application
- Planning Division Reviews
- Planning Division prepares report to Council
- Council reviews report; authorizes preparation of amending bylaw; contacts outside agencies
rejected? revisisions required?
- approved? Council gives first reading to bylaw
- Municipality holds Public Hearing
- Council gives Second Reading to bylaw
Rejected or revisions required?
- approved? 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 all information and recommends to Council to proceed
- Council gives Final Adoption to bylaw
List and explain the procedural steps for the passing of a municipal bylaw
- Application for the rezoning of a property is made to approving agency
Should be informative and complete
Concerns to:
Engineering
Planning
Outside agencies
Technical issues and problems should be referred to the engineering and building departments - Report is prepared and submitted to the Planning Committee of Council, who will review application
- Does it comply with requirements? (Planning Division prepares report)
Recommendation sent to council maybe - At council meeting (Council Review)
Agenda set forth by Clerk, matters dealt with
Introduction, consideration, reconsideration of bylaws is announced
Every bylaw gets 4 readings before council
Council may grant an approval
Clerk then prepares proposed bylaw which is included on the agenda for the next council meeting - Council Gives First reading
- Municipal Public Hearing
- Second Reading to bylaw
Will it continue? If not, applicant may appeal - Applicant discusses prerequisites with Planning Division
- Applicant makes prerequisite submissions
- Planning Division review information and recommends Council to proceed
- Third Reading to bylaw
Outside agency review and conditions - Applicant completes all prerequisites
- Planning Division reviews all information and recommends to Council to proceed
- Final Adoption to bylaw by council
Municipal Bylaw definition and implications
Bylaws are laws that formalize rules made by a council or board
(A law passed by a local government)
Used by local governments for various purposes to regulate, prohibit or impose requirements
Executes statutory authority
Various purposes
Establishing meeting procedures
Regulating services
Prohibiting an activity
Requiring certain actions
List and explain the requirements for the holding of a public hearing and its relationship to the rezoning process and the passing of a bylaw
Public hearing
What it does
Addresses potential conflicts between developers and residents
Those for and against may state their case
Council may decide after hearing closure
Requirements
Must be notification in 2 consecutive issues of local paper (3-10 days from hearing)
Each individual must be able to state concerns
Developer has a presentation
Must be held after first reading and before the third
Define and explain the three primary considerations in the approval process from initial application to the “approval in principle to proceed” stage
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 proposed open space/park dedications are compatible with the overall objectives for the area
Tree preservation?
Engineering
Proposed development should know what municipal services exist in the vicinity of subject site
Urban development? Will require
Storm sewer
Sanitary sewers
Water mains
Hydro power
Gas
Communications
Must show proximity and adequacy of nearest available facility
Check to see if you need extensions and upgrades of mains
Identify off site services, if required, and who would provide them
Cost sharing with 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
List and describe the general functions of the planner, engineer, council and other agencies in the approval process
Planner
Coordinating, processing subdivision applications
Checks for compliance with subdivision and zoning bylaws
Advise applicant that an application for rezoning is required
Check proposal against community plan
Any preliminary road or lot layout patterns been established?
Are current road dedications sufficient?
Establish additional widening dedications, if any
Establish fees and charges to be levied against the project
Engineer
Establish services in the area
Detailed record of any existing roads, sewers (storm, sanitary), water mains and street lighting
Do facilities have sufficient capacity?
Will request additional info if needed from outside experts
Advice applicant of required services
Supply copies of plans showing location of existing facilities
Any requirements for storm water strategies?
Elevation and location of survey monuments for bench marks
Legal plans of ROWs and easements
Advise approving officer of requirements and availability of local services adjacent to the property
Council
Only involved when proposed land use is not compatible with the existing land use
Like if it requires rezoning
If its straightforward subdivision, only approving officer must be satisfied
Must comply with the necessary acts, regulations and council policies
Others
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
Items addressed by Planner in approval process?
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?
Explain the role of the Ministry of Transportation in conjunction with the Highway Act and its relationship to the approval process under varying jurisdictions
Responsibilities of approving officer falls with MoTI in rural, unorganized territory
They must be satisfied with the planning, engineering, and other related agencies concerns
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
What do Official Zoning Plan and Zoning Bylaw within urban areas do?
Identify specific land use and set regulations that govern their use
Where the Official Community Plan shows long term objectives, the Official Zoning Plan shows current land uses
Indicates land use designations that have been approved by council, based on existing conditions
Rezoning is used to change an existing land use to one that is compatible with the long-term objectives
In Official Zoning Plan, the proposed and existing land use must be identified
Official Zoning Plan must have a zoning bylaw that identifies the permitted land use for each of the zoning categories
Agricultural
Residential
Recreational
Institutional
Commercial
Industrial
What does the Official Community Plan do? Rate of change in community depends on?
Illustrates the long term objectives and land use within a particular area
Long range policies
Rate of change depends on economic factors
Local residents have a say in how their neighbourhood will develop over the long term
Official Community Plan is not specific and affords the developer a small choice of zoning alternatives, so developer can comply with plan
Can be source of conflict though
A statement of objectives and policies to guide decisions on planning and land use management within area covered by the plan
Implications of rezoning
Impacts on local residents
Land use designation (from current zoning) does not represent appropriate zoning is in place (as it needs rezoning)
One the land is designated for a particular use, then rezoning to that designated use can proceed subject to the approvals process of the municipality
When the land was given its initial land use designation, or zoning, the procedures needed at the time required a bylaw be prepared outlining all such zoning
what must be identified in an Official Zoning Plan? What must be included?
proposed and existing land use
a Zoning bylaw that identifies the permitted land use for each of the zoning categories
agricultural
residential
recreational
industrial
institutional
commercial
What does Local Government Act do in relation to rezoning?
Ensures that nearby residents have the opportunity to comment on the changes
Has sections, each has rules governing bylaws
Makes provision for anyone with a vested interest in property, in the immediate vicinity of land under consideration of rezoning, to have opportunity to voice approval or disapproval to the proposed change
Pretty much, its the source of laws relating to the creation of local governments and the delegation of powers from provincial government to local governments
Under Local Government Act:
Local government means the council of a municipality or
Board of regional district
How to outline initial zoning?
A bylaw must be prepared outlining all such zoning
Requires local council to approve new bylaw (in accordance with Section 903 of Local Government Act)
What does Section 897 of Local Government Act contain?
Local council has to adopt a ‘procedures bylaw’ outlining specific procedures that council must follow at its meetings
What do council meetings deal with?
Many aspects of municipal affairs
Process of rezoning land is one of them
What does Section 890 of Local Government Act contain?
Every rezoning bylaw must have a public hearing prior to completion of readings
At 2nd reading, council will establish time and location for public hearing
Helps to address potential conflicts between developer and residents
Public hearing(s) must be held before a rezoning bylaw is adopted
What happens in public hearings? 2nd/3rd Reading of bylaw?
There is notification of public hearing in 2 consecutive issues of local newspaper (3-10 days of actual hearing)
Has information on land affected, intent of bylaw, where bylaw can be viewed
Council conducts hearing
Allows each individual to state their concerns on each rezoning bylaw
Establishes local concerns
Council may decide if project will proceed after hearing closure
Developer makes presentation, oitlines intent of development
By 2nd or 3rd reading
Council will vote if rezoning should proceed
If denied, applicant may appeal to council to have issue reconsidered
Hearing is not a open debate; you only voice your concerns
Decisions are not concluded at public hearing