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HomeMy WebLinkAboutBy-law 7363/14 4 The Corporation of the City of Pickering By-law No.7363/14 Being a By-law to adopt Amendment 23 to the Official Plan for the City of Pickering (OPA13-002/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; And whereas on February 23, 2000 Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; And whereas the Region has advised that Amendment 23 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Amendment 23 to the Official Plan for the City of Pickering, attached hereto as Exhibit "A", is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this 16th day of June, 2014. David Ryan ayor Debbie Shields, City Clerk Exhibit"A" to By-law 7363/14 Recommended Amendment 23 • to the City of Pickering Official Plan • • • Recommended Amendment 23 to the Pickering Official Plan Purpose: The City is proposing to change its Official Plan by introducing new policies and changing existing policies that will strengthen the Plan's policy foundation for sustainable placemaking on aspects such as Site Plan Control; sustainable development; energy conservation and efficiency; the Urban Forest; climate change; Community Improvement Plans; height and density zoning; and other housekeeping items. The amendment also includes the introduction of definitions for the terms "Adaptation", "Climate Change", "Green Development", "Green Technologies", "Heat Island", "Placemaking", "Renewable Energy Systems", "Sustainable Design" and "Urban Forest". Location: This amendment is to apply to all lands within the municipality of the City of Pickering. Basis: On January 1, 2007 the Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill 51) came into effect, amending the Planning Act. The amendments to the Planning Act provide area municipalities in Ontario with additional planning and development control tools to use in the land use planning process, and to help create more environmentally sustainable, vibrant, and healthy communities. The current Provincial Policy Statement (PPS) that came into effect on April 30, 2014, strengthened policies on energy conservation, air quality, and the wise use and management of resources. The PPS provides a foundation for the implementation of Bill 51. Recommended Amendment 23 to the Pickering Official Plan Page 2 Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New Text Shown as Underlined Text, Deleted Text Shown as Strikeout Text, Retained Text Shown as Unchanged Text) 1.0 Amending the text of the Official Plan by: 1.1 Revising policy 1.1, Provincial Policy Statement, in Chapter One—The Guiding Principles, to read as follows: "City Council shall, in making decisions and undertaking actions on land use planning, have regard to be consistent with the Provincial Policy Statement on land use planning, as amended from time to time., - - - - . . . . - . - actions." 1.2 Revising policy 3.2, Land Use Objectives, in Chapter Three — Land Use by adding a new sub-section.(d) as follows and re-numbering the subsequent sub- sections: "(d) promote a land use pattern in urban areas in support of compact urban form, active transportation, placemaking, public transit and energy conservation;" 1.3 Revising policy 7.2, Community Services Objectives, in Chapter Seven — Community Services, by deleting the word `and' at the end of sub-section (e), by adding a new sub-section (e) as follows, and re- numbering the subsequent sub-sections: "(e) promote the use of green technologies and renewable energy systems in the design of community facilities and associated infrastructure, including the retrofit of facilities to reduce greenhouse gas emissions and to assist in addressing the potential adverse environmental impacts of climate change;" 1.4 Revising policy 7.10, Infrastructure, in Chapter Seven — Community services, by deleting the word "and" at the end of sub-section (e) (ii), and adding a new sub- section (iii) to read as follows: Recommended Amendment 23 to The Pickering Official Plan Page 3 "(iii) encourages the use of green technologies in support of energy efficiency, waste reduction and improved air quality; and," 1.5 Revising policy 10.9, Water and Energy Conservation, in Chapter Ten — Resource Management, by deleting the word "and" at the end of sub-section (c), revising sub-section (b), and adding new sub-sections (e) and (f) as follows: "(b) encourage the maintenance or establishment of tree cover which provides winter shelter and summer shading, reduces the heat island effect, and reduces stormwater run-off; (c) (d) Lel encourage the central production and distribution of heating or cooling, such as • district energy, in order to reduce greenhouse gas emissions and to improve the efficiency of energy generation and transportation; and (f) encourage the use of renewable energy systems in accordance with federal and provincial requirements and in a manner that is compatible with the natural environment and surrounding land uses. 1.6 Adding a new policy 10.13, Urban Forest, in Chapter Ten — Resource Management as follows, and re-numbering the subsequent sections: "10.13 City Council recognizes the importance of the urban forest in maintaining a healthy ecosystem, managing stormwater, providing wildlife habitat and community aesthetics, reducing the urban heat island effect and improving air quality; accordingly Council shall, (a) develop and implement an Urban Forest Management Plan to protect, restore, manage, and expand the urban forest, which Plan shall contain goals and strategies that include as a minimum the following: Recommended Amendment 23 to the Pickering Official Plan Page 4 develop and implement, in collaboration with conservation authorities, an invasive species management strategy to address threats posed by invasive pests, diseases and plants; (ii) identify where tree planting efforts should be prioritized by conducting a thermal mapping analysis of "hot-spots"; (iii) require the planting of native or non-native non-invasive tree species and vegetation that are resilient to climate change and provide high levels of carbon sequestration; (iv) protect against the removal of mature and undamaged trees that are worthy of preservation; and (v) require compensation in the form of on-site or off-site tree planting or alternative methods of compensation, where trees are removed." 1.7 Adding a new policy 10.23, Climate Change, in Chapter Ten — Resource Management, as follows: "10.23 City Council recognizes that energy conservation and efficiency efforts, the adaptation of buildings, infrastructure and site development to be more resilient to severe weather, and the reduction of greenhouse gas emissions will assist in addressing potential adverse environmental impacts of climate change; accordingly, Council shall identify and introduce mitigation and adaptation strategies to reduce the environmental, social and economic effects of predicted climate change and severe weather events on the community, which may include the preparation of a Climate Change Management Plan." Recommended Amendment 23 to The Pickering Official Plan Page 5 1.8 Revising policy 13.2, Community Image, in Chapter Thirteen Detailed Design Considerations, by deleting the word "and" at the end of sub-section (d), adding the word "and" at the end of sub-section (e), and adding a new sub-section(f) to read as follows: "(f) require all new public and private sector development at the Highway 401 and 407 interchanges to exhibit a high standard of architecture and urban design, in order to provide attractive gateways into and exits from the City and to take advantage of these locations with high visibility;" 1.9 Revising policy 13.3, Corporate Initiatives, in Chapter Thirteen — Detailed Design Considerations, by deleting the word "and" at the end of sub-section (c), and adding new sub-sections (e) and (f) to read as follows: "L in the design of city owned properties and facilities, achieve a minimum of LEED ® silver certified, or alternative equivalent through the implementation of sustainable design measures such as: the selection of energy conserving and energy efficient products for facilities; the salvaging and reuse of construction, demolition, and land clearing debris; and use of permeable surfaces and pervious pavement in areas such as parking lots and sidewalks; and (f) collaborate with other levels of government, other municipalities, institutions, community groups, and local businesses to develop programs to improve air quality, to reduce greenhouse gas emissions and use energy more efficiently." 1.10 Revise policy 13.5, Development and Subdivision Design, in Chapter 13 — Detailed Design Considerations by deleting the word "and" at the end of sub-section (g), and adding a new sub-section (i) to read as follows: ID require the implementation of green development standards in development and subdivision design, including but not limited to the following: Recommended Amendment 23 to The Pickering Official Plan Page 6 • incorporating Low Impact Development (LID) techniques such as bio-swales, rain barrels, and perforated pipe systems; • orienting lots and homes to maximize energy efficiency and conservation; and • •increasing the tree canopy through tree planting programs to promote bio- diversity, improve air quality, and • reduce the urban heat island effect." 1.11 Revising policy 13.8, Streetscapes, in Chapter Thirteen —Detailed Design Considerations, by revising sub-sections (e), (g), (i), (k), and (m) so that they read as follows: "(e) require encourage the partial vertical screening of surface parking lots through the use of low fences, walls,and or landscape elements; (g) require support the provision of adequate weather protection, seating, visibility, and lighting at transit stops on major'roads; (i) require encourage the provision of secure bicycle parking facilities on public Cry streets, at bus terminals, transit stations, GO stations and near building entrances to buildings that. are important destinations, such as retail commercial buildings, and community or cultural facilities; (k) require encourage the planning and design of roads such that the placement of underground utilities supports the planting of trees and other large scale planting material; (m) require encourage the design of streetscaping elements to support on-street parking in certain areas of the City that are characterized by high pedestrian and commercial"activity, to reduce vehicle speeds and to -serve as a protective buffer between pedestrians and. moving vehicles;" 1.12 Revising policy 13.10, Design of Buildings, in - Chapter Thirteen - Detailed.Design Considerations, by revising sub-sections (b), (c), (d), (f), (h) and 0) so that they read as follows: Recommended Amendment 23 to The Pickering Official Plan Page 7 "(b) where groupings of buildings are . proposed, require encourage built forms, massing and architectural details treatments that create cohesive and unified developments, and are architecturally compatible with each other and surrounding areas; (c) where new development is proposed within an existing neighbourhood or established area, encourage building designs that reinforce and complement existing built patterns such as form, massing, height, proportion, position relative to street, and building area to site area ratios; (d) require encourage designs that present continuous building facades along major streets and express design elements such as floor and ceiling levels, window heights, columns and internal divisions, to assist in defining human scale and providing visual interest; (f) require encourage the orientation of the main front entrances to commercial, industrial, apartment and public buildings towards the street whenever possible, and to be visible from main pedestrian routes and vehicular approaches; (h) require encourage the height, form, massing and articulation of the facade of new buildings to reflect its "position" or significance on the street (for example, designing a commercial building that capitalizes on special opportunities provided at street corners or at the end of a view corridor); (j) require encourage-the incorporation of bicycle storage areas in high density residential, commercial and major industrial buildings and sites;, 1.13 Revising policy 13.10, Design of Buildings, in Chapter Thirteen — Detailed Design Considerations, by adding new sub-sections (o) and (p) to read as follows: Recommended Amendment 23 to the Pickering Official Plan Page 8 "(91 encourage the implementation of green development standards in the design of III buildings, including but not limited to the following: • incorporating energy efficiency and alternative or renewable energy resources (such as solar panels) to reduce energy demand; •. installing green or white roofs to improve energy efficiency in buildings, stormwater absorption and quality, and to reduce urban heat island effects; • installing bird-friendly glazing, particularly on new tall buildings proposed within established migratory flights paths, to prevent potentially fatal collisions with windows; • using non-toxic and recycled content building products; and • orienting buildings to maximize the use of natural sunlight; and (p) encourage development to design and certify new buildings to LEED® Silver, Gold or Platinum standards, or alternative equivalent." 1.14 Revising policy 13.15, Signage, in Chapter Thirteen — Detailed Design Considerations, by revising sub- section (a) so that it reads as follows: "(a) require eneeufage the design of signs to be used to enhance the appeal of developments, and to integrate with the architectural design of buildings, business - . • - - - in order to contribute to the overall visual quality of the built.environment; 1.15 Revising policy 14.8, Official Plan Management, in Chapter Fourteen — Implementation, by revising sub- section (a) so that it reads as follows: Recommended Amendment 23 to The Pickering Official Plan Page 9 "(a) _ • . . . at least every five years, review its official plan as required at least every five years, to ensure that it conforms with, Provincial Plans, has regard to matters of Provincial interest and is consistent with the Provincial Policy statement, and may do so at any time earlier if warranted;" 1.16 Adding definitions for the terms "Adaptation", "Climate Change", "Green Development", "Green Technologies", "Heat Island", "Placemaking", "Renewable Energy Systems", "Sustainable Design" and "Urban Forest" in alphabetic order to a new policy 14.15, Glossary, in Chapter Fourteen - Implementation; as follows: "Adaptation means adjustment to actual or predicted climatic changes in a manner that reduces harm. Adaptation can be proactive (takes place before impacts are observed), spontaneous (triggered by ecological changes), and planned (deliberate decisions based on awareness that conditions have changed or are about to change and that action is required). Climate Change refers to any change in climate over time whether due to natural variability or as a result of human activity. Green Development refers to development that reduces growth's dependence on resource use, carbon emissions and environmental damage, and includes the incorporation of technologies and practices that maximize the natural infiltration and retention of stormwater through site development. Green Technologies refers to technology that mitigates the effects of the built environment on the natural environment, and often involve energy efficiency, recycling, safety and health concerns and renewable energy resources. Heat Island means an area, such as a city or industrial site, having consistently higher temperatures than surrounding areas because of a greater retention of heat, as by buildings, concrete, and asphalt. Recommended Amendment 23 to The Pickering Official Plan Page 10 Placemaking is an urban design process aimed at creating communities that offer a distinct character, a strong sense of community, a context for healthy lifestyles and a high quality of life. Renewable Energy Systems means the production of electrical power from an energy source that is renewed by natural processes including, but not limited to, wind, water, a biomass resource or product, or solar and geothermal energy. Sustainable Design involves the practices, processes and principles of designing, constructing and operating buildings, objects, sites and areas incorporating the values of ecological, social, cultural and economic sustainability. Urban Forest refers to the total collection of trees and associated vegetation within the urban boundary of the City of Pickering." 1.17 Revising policy 15.5A, Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval, in Chapter Fifteen — Development Review, by revising sub-section (xxix) so that it reads as follows: "(xxix) a sustainable development report, describing the sustainable measures being implemented in the development, including but not limited, to initiatives related to energy efficiency, water efficiency, building materials, indoor air quality, landscaping, stormwater management and construction waste;" 1.18 Revising policy 15.5B, Required Studies for Site Plan Approval, in Chapter Fifteen — Development Review, by revising sub-section(xxii) so that it reads as follows: Recommended Amendment 23 to The Pickering Official Plan Page 11 "(xxii) a sustainable development report, describing the sustainable measures being implemented in the development, including but not limited to, initiatives related to energy efficiency, water efficiency, building materials, indoor air quality, landscaping, stormwater management and construction waste;" • 1A9 Revising policy 15.17, Bonus Zoning, in Chapter Fifteen — Development Review, so that it reads as follows: "15.17 As provided for in the. Planning Act, City Council may pass by-laws that grant an increase in density of development not exceeding 25% of the density that would otherwise be permitted by this Plan, or an increase in the height of a building providing; (a) the density or height bonus is given only in return for the provision of specific services, facilities or matters as specified in the by-law, such as but not limited to, additional open space or community facilities, assisted or special needs housing, the preservation of heritage buildings or structures, or the preservation of natural heritage features and functions; (b) when considering an increase in density or height, and allowing the provision of benefits off-site, the positive impacts of the exchange should benefit the social/cultural, environmental and economic health of surrounding areas experiencing the increased height and/or density; . (c) the effects of the density or height bonus have been reviewed and determined by Council to be in conformity with the general intent of this Plan, by considering matters such as: 1 Recommended Amendment 23 to The Pickering Official Plan Page 12 (i) the suitability of the site for the proposed increase in density and/or height in terms of , parking, landscaping, and other site-specific requirements; (ii) the compatibility of any increase in density and/or height . with the character of the surrounding neighbourhood; and (d) as a condition of granting a density or height bonus,, the City requires the benefiting landowner(s) to enter into one or more agreements, registered against the title of the lands, dealing with the provision and timing of specific facilities, services or matters to be provided, in return for the bonus; 1.20 Revising policy 15.23, Site Plan Control, in Chapter Fifteen — Development Review as follows, and re-numbering the subsequent sub-sections: "15.23 City Council shall implement site plan control as a means of achieving well-designed, functional, attractive, safe, sustainable and accessible development in the City of Pickering; accordingly, the City Council's approach to site plan control will not be limited to the review of individual buildings, structures and exterior open spaces on a site, but to also include aspects such as the relationship of the location, massing and exterior design of buildings, structures and exterior open spaces on a site with surrounding properties and the public realm to ensure the new development is compatible and functionally integrated with the existing and/or planned context. Further, City Council recognizes the whole of the City as proposed site plan control area and, (a) (b) .. .; (c) ...; Recommended Amendment 23 to The Pickering Official Plan Page 13 (d) shall, as part of the site plan approval process, consider matters related to exterior architectural design, including without limitation, the character, scale, materials, colours, articulation and design features of all building exteriors and their sustainable design, inclusive of wall-mounted signage and lighting fixtures; Lel may, as a condition of site plan approval, require the inclusion of sustainable design elements on any adjoining right of way under the City's jurisdiction, including without limitation, trees, shrubs, hedges, plantings or other ground cover, permeable paving material, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities; (f) shall, as a condition of site plan approval, require the provision of facilities designed for accessibility for persons with disabilities; (g) shall implement urban design and architectural design guidelines and policies approved through this Plan, through site plan control; (d-)(h) ; (e) (g) (k) 1.22 Adding a new policy 15.28, Development Permit System, in Chapter Fifteen — Development Review, as follows and renumbering the subsequent sections: "15.28 City Council may establish a development permit system by passing a Development Permit By-law pursuant to the provisions of the Planning Act; and designate defined areas as Development Permit Areas." 1 Recommended Amendment 23 to The Pickering Official Plan Page 14 1.23 Revising policy.15.32, Community Improvement Areas, in Chapter Fifteen — Development.Review, by revising sub-sections (a), (b) and (e) and renumbering the subsequent sub-sections so that it reads as follows: 15.32 City Council, "(a) shall, where warranted, provide for the replanning, redesign, re-subdivision, clearance, maintenance, rehabilitation and development or redevelopment of selected residential, commercial and industrial areas, by identifying Community Improvement Plans, and implementing Community Improvement Projects pursuant to the provisions of the Planning Act:;— For greater clarity, community improvement may also include the provision of such public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities or spaces therefore as may be appropriate or necessary; (b) may, in undertaking Community Improvement Plans and Projects, (*II support,the provision of energy efficient uses, buildings, structures, works, improvements or facilities; (ii) support the provision of affordable housing; (i) (iii)...; (ii) (iv)...; (iii)(v)...; (v) (vii)...; ( i)(viii)...; (c) ; (d) ; (e) shall implement Community Improvement Plans through various measures including, Recommended Amendment 23 to The Pickering Official Plan Page 15 levels-ef-government, the making of grants and loans to registered owners and tenants of lands and buildings, in conformity with the community improvement plan, of which the eligible costs may include costs related to environmental site assessment and environmental remediation, (ii) participation in funding programs with other levels of government, which may include the provision of grants or loans to the Regional Municipality of Durham for carrying out a Regional community improvement plan in the City, or the receipt of grants or loans from the Regional Municipality of Durham for carrying out a local community improvement plan that has come into effect; (ii) (iii)...; (iv)...; (iv) (v)... ." Implementation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. In light of the numerous components of the Official Plan that are being revised through concurrent amendments, the final numbering of the policy sections in this amendment is subject to change in accordance with the sequencing of approvals. Interpretation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. •