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. Clare’s Church

7. Laurentian Club Ornate House- 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. Property Evaluation And Staff Report Conservation Review Board Hearing City Council Reviews CRB Report and votes again 1. Council passes Bylaw 2. Council withdraws Notice of Intention Reviewed by MHC & Committee City Council Votes to designate Notice of Intention To Designate Issued 30 day appeal period Bylaw passed after 30 day appeal period 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 City’s 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, cont’d • 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?