HomeMy WebLinkAboutFCS-14-128 - Amendment to Execution of Conditional Permit Agreements
REPORT TO: Committee of the Whole
DATE OF MEETING: June 30, 2014
SUBMITTED BY: Lesley MacDonald, City Solicitor and
Director of Legal Services 519-741-2200 Ext. # 7267
PREPARED BY: Lesley MacDonald, City Solicitor and
Director of Legal Services 519-741-2200 Ext # 7267
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 30, 2014
REPORT NO.: FCS-14-128
SUBJECT: Authorization To Execute Conditional Permit Agreements Be
Amended
___________________________________________________________________________
RECOMMENDATION:
That Council delegated approval authority to the Chief Building Official for the approval of
conditional permit agreements be amended to delete in subsection a) the words ”registered on
title” and replace with the word “executed” as outline in Report FCS-14-128.
BACKGROUND:
A procedural issue has come to light regarding authority for conditional permits. Back in
November, 1995 when Council passed its resolution authorizing the Chief Building Official to
approve conditional building permit agreements, the site plan process was quite different – the
section 41 agreement was signed and registered requiring certain things to be done
subsequently. Under the current process, the section 41 agreement is done in stages with the
agreement signed in advance of the prerequisites being performed but not actually registered,
until the prerequisites on the Schedule C are completed. The language in the original resolution
adopted by Council regarding conditional building permits states as follows:
“That City Council delegate approval authority to the Chief Building Official for the approval of
conditional permit agreements except in the following cases:
a)where site plan approval is required but the Section 41 Development Agreement
has not been registered on title;
b)when there is any disagreement by the applicant to any condition of the standard form
conditional permit agreement;
c)where the standard form conditional permit agreement approved by Council is not
appropriate in the opinion of the Chief Building Official;
d)where the Chief Building Official deems a review by City Council is necessary or
beneficial;
e)where a Standard Subdivision Agreement has not been registered on title in the case
where a conditional permit is being sought for lands which are included within a draft
plan of subdivision which has not been registered.
That the Mayor and Clerk be authorized to execute all conditional permit agreements required as
a result of the exercising of authority delegated to the Chief Building Official.”
Subsection a) above is the subsection in issue.
REPORT:
With the change in site plan process this language is problematic as each and every conditional
building permit for a project that does not have a registered site plan agreement would have to go
to Council. It was never intended that Council consider each conditional building permit as these
types of permits are usually required quickly as without them they could cause the developer
significant time delays, costs, etc. This issue has come to light as a result of a particular project
seeking a conditional permit for a project requiring a section 41 agreement. Staff proposes that
subsection a) be adjusted to reflect the requirement that the section 41 agreement be executed,
rather than registered.
Amendment proposed to subsection a) is to delete the words “registered on title” and replace
with the word “executed”:
a)Where site plan approval is required but the Section 41 Development Agreement has
executed;
not been
This assures that the Developer has committed to the site plan for the development, having
executed the agreement, with the responsibility to then follow through with the prerequisites
identified on Schedule C.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Not applicable.
CONCLUSION:
Staff proposes this change to Council delegated approval authority to the Chief Building Official
for the approval of conditional permit agreements as it is in keeping with the intent of the
legislation and the current section 41 process.
ACKNOWLEDGED BY:
Dan Chapman, DCAO