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HomeMy WebLinkAboutPLN 34-23Report to Planning & Development Committee Report Number: PLN 34-23 Date: November 6, 2023 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment 50 Changes to policies to recognize and reinforce the new Pickering Integrated Sustainable Design Standards File: OPA 23-005/P Recommendation: 1.That Official Plan Amendment Application OPA 23-005/P, initiated by the City of Pickering, to amend existing policies related to the review of Planning Act applications to recognize and reinforce the new Pickering Integrated Sustainable Design Standards, as set out in Exhibit ‘A’ to Appendix I to Report PLN 34-23 be approved; and 2.That the Draft By-law to adopt Amendment 50 to the Pickering Official Plan, to amend existing policies to recognize and reinforce the new Pickering Integrated Sustainable Design Standards, as set out in Appendix I to Report PLN 34-23, be enacted. Executive Summary: In September 2022, Council approved the Pickering Integrated Sustainable Design Standards (ISDS). The ISDS were created to advance sustainability and resilience objectives in new development, and replaced the 2007 Sustainable Development Guidelines for new development applications. Concurrent with Council approval of the ISDS, Council directed staff to initiate a technical amendment to the Pickering Official Plan to add new policies that support the ISDS. Staff have prepared an amendment that supports the implementation of the ISDS during the review of new development applications (see recommended Amendment 50, Appendix I to Report PLN 34-23). Sustainability staff have reviewed and concur with the recommendations. As this Amendment is technical in nature, a Statutory Public Meeting is being held the same evening as this Recommendation Report is being considered by the Planning & Development Committee. Committee may either recommend to Council to approve the application as submitted, approve it with such modifications as deemed appropriate, refuse the application, or adjourn consideration until a later date. Staff recommend the application be approved and the by-law to adopt Amendment 50 be forwarded to Council for enactment. Financial Implications: This report has no direct financial implications to the City. PLN 34-23 Subject: City Initiated Official Plan Amendment 50 November 6, 2023 Page 2 Changes to policies to recognize and reinforce the new Pickering Integrated Sustainable Design Standards Discussion: 1.Background On September 20, 2022, Council adopted the new Pickering Integrated Sustainable Design Standards (ISDS), a tool that had been created to advance sustainability and resiliency in new development. Replacing the City’s previous Sustainable Development Guidelines (2007), the ISDS are intended to support Pickering’s goal of reducing greenhouse gas emissions, and encourage the construction of sustainable, and climate-resilient buildings and neighbourhoods. To support the implementation of the ISDS, Council directed staff to initiate an amendment to the Pickering Official Plan (see Resolution #982/22, Attachment #1). Similar to other municipalities, the ISDS consists of two tiers of performance criteria. Tier 1 criteria are required for all new developments arising from Site Plans and Subdivision applications deemed complete on or after January 1, 2023. Tier 2 performance criteria are optional and propose more advanced sustainability criteria to be considered for new developments. Identifying the ISDS as the City’s approved standard for new developments within the Official Plan will create an updated and stronger planning policy basis for implementing the new ISDS through the application review process. 2.The Recommended Official Plan Amendment Appendix I to Report PLN 34-23 is the Recommended Amendment 50 to the City of Pickering Official Plan. Amendment 50 revises existing policies that refer to sustainable development objectives and other Council adopted Sustainable Guidelines to now identify the ISDS as the applicable reference standard. More specifically, key proposed amendments to the Official Plan include: •providing a definition for the ISDS; •replacing the reference in the Duffin Heights Neighbourhood Policies to the former Sustainable Development Guidelines with a reference to the new ISDS; •establishing the ISDS as the standard for private development; •establishing either the ISDS or LEED Silver as the standard for municipal development; •clarifying how ISDS will apply to development of lands within Seaton and to all lands beyond Seaton; and •Sustainability staff have reviewed, and are in agreement with, the recommended official plan amendments. PLN 34-23 Subject: City Initiated Official Plan Amendment 50 November 6, 2023 Page 3 Changes to policies to recognize and reinforce the new Pickering Integrated Sustainable Design Standards 3.Public Notice The electronic Open House and electronic Statutory Public Meeting were advertised on the Community Page of the News Advertiser on September 14, 2023. It was also featured on the City’s Development Applications website and was promoted through the City’s social media channels. The electronic Open House was held on October 3, 2023, prior to the electronic Statutory Public Meeting, to provide the opportunity for the public to learn and ask questions about the proposed changes to the Official Plan, and to provide comments. As of the writing of this report, no comments have been received from the public. 4.Official Plan Amendment Approval Authority The Region of Durham may exempt certain local official plan amendments from Regional Approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest. The Region has advised that this amendment is exempt from Regional approval. 5.Conclusion Amendment 50 incorporates appropriate revisions that strengthen the City’s Official Plan policies in support of the new Pickering ISDS, in accordance with Council Resolution #982/22. Staff recommends: a)That Official Plan Amendment Application OPA 23-005/P, to amend existing policies related to the review of Planning Act applications to recognize and reinforce the new Pickering Integrated Sustainable Design Standards, as set out in Exhibit ‘A’ to Appendix I to Report PLN 34-23 be approved; and b)That the Draft By-law to adopt Amendment 50 to the Pickering Official Plan, to amend existing policies to recognize and reinforce the new Pickering Integrated Sustainable Design Standards, as set out in Appendix I to Report PLN 34-23, be enacted. Appendix Appendix I Draft By-law to adopt Amendment 50 to the Pickering Official Plan Attachment: 1.Council Resolution #982/22 PLN 34-23 Subject: City Initiated Official Plan Amendment 50 November 6, 2023 Page 4 Changes to policies to recognize and reinforce the new Pickering Integrated Sustainable Design Standards Prepared By: Original Signed By Ish Chowdhury Planner II, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng Director, City Development & CBO IC:PW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 34-23 Recommended Amendment 50 to the Pickering Official Plan The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to adopt Amendment 50 to the Official Plan for the City of Pickering (OPA 23-005/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; 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; 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; Whereas the Region has advised that Amendment 50 to the City of Pickering Official Plan is exempt from Regional approval; 1. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: That Amendment 50 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 XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Exhibit “A” to By-law XXXX/23 Amendment 50 to the City of Pickering Official Plan Recommended Amendment 50 to the Pickering Official Plan Purpose: The purpose of this Amendment is to recognize and reinforce the new Pickering Integrated Sustainable Design Standards (ISDS) with policy in the Pickering Official Plan and update references to the previous Sustainable Design Guidelines (2007). Location: This amendment applies to all lands within the City of Pickering. Basis: The City of Pickering has recently adopted ISDS for all new development in the City to replace the 2007 Sustainable Development Guidelines. The new ISDS is a set of standards that allows the City to review development applications through a “sustainability” lens, based on modern, green technology criteria and best practices. Although the ISDS have already been approved by Council, making reference to the ISDS within the Pickering Official Plan will provide added weight to their application in the review of draft plans of subdivision, site plans, and rezonings. Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising City Policy 12.17 (k)(vii), Duffin Heights Neighbourhood Policies, in Chapter 12 – Urban Neighbourhoods, so that it reads as follows: City Council shall: (k) in the consideration of development proposals within the neighbourhood: (vii) require the submission of a Sustainability Report that demonstrates how the proposal is consistent with the City’s Sustainable Development Guidelines Integrated Sustainable Design Standards; 2. Supplementing City Policy 14.3 (e), Corporate Initiatives, in Chapter 14 – Detailed Design Considerations, so that it reads as follows: City Council shall: (e) in the design of City owned properties and facilities, meet the Integrated Sustainable Design Standards, and/or 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; Recommended Amendment 50 to the Pickering Official Plan Page 2 3. Adding a definition of the term “Integrated Sustainable Design Standards” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, that reads as follows: “Integrated Sustainable Design Standards (ISDS) means a set of mandatory (Tier 1) and voluntary (Tier 2) standards that allows the City to review development applications through a lens that includes modern, green, best practices and technology. The ISDS replaces the 2007 Sustainable Development Guidelines.” 4. Revising City Policy 16.5A (xxix), Required Studies for an Official Plan Amendment, Zoning By‑law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval, in Chapter 16 – Development Review, so that it reads as follows: City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation required by Section 16.2, to be submitted at the time of application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, and draft plan of condominium approval: (xxix) a sustainable development report, or checklist, required within the Seaton Urban Area, and for all lands outside of the Seaton Urban Area, for development applications that were approved prior to the Council enactment of the Integrated Sustainable Design Standards (January 1, 2023), describing the sustainable measures being implemented in the development,. Measures includinged but were not limited to initiatives related to energy efficiency, water efficiency, building materials, indoor air quality, landscaping, stormwater management and construction waste. For development applications that were approved in the Seaton Urban Area, prior to the enactment of the Integrated Sustainable Design Standards, the sustainable development report, or checklist shall, at a minimum, be consistent with the Seaton Sustainable Place-Making Guidelines; On lands within the Seaton Urban Area, and for all lands outside the Seaton Urban Area, for which development applications have not been received or approved as of Council’s enactment of the Integrated Sustainable Design Standards (January 1, 2023), such development applications shall be accompanied by a sustainable development report, and checklist, describing the sustainable measures which at a minimum meet the Tier 1 requirements of the City of Pickering’s Integrated Sustainable Design Standards; 5. Revising City Policy 16.5B (xxii), Required Studies for Site Plan Approval, in Chapter 16 – Development Review, so that it reads as follows: City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation provided for by Section 16.2, to be submitted at the time of application for site plan approval: Recommended Amendment 50 to the Pickering Official Plan Page 3 (xxii) a sustainable development report, or checklist, required within the Seaton Urban Area, and for all lands outside of the Seaton Urban Area, for development applications that were approved prior to the Council enactment of the Integrated Sustainable Design Standards (January 1, 2023), describing the sustainable measures being implemented in the development,. Measures includinged but were not limited to initiatives related to energy efficiency, water efficiency, building materials, indoor air quality, landscaping, stormwater management and construction waste. For development applications that were approved in the Seaton Urban Area, prior to the enactment of the Integrated Sustainable Design Standards, the sustainable development report, or checklist shall, at a minimum, be consistent with the Seaton Sustainable Place-Making Guidelines; On lands within the Seaton Urban Area, and for all lands outside the Seaton Urban Area, for which development applications have not been received or approved as of Council’s enactment of the Integrated Sustainable Design Standards (January 1, 2023), such development applications shall be accompanied by a sustainable development report, and checklist, describing the sustainable measures which at a minimum meet the Tier 1 requirements of the City of Pickering’s Integrated Sustainable Design Standards; 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 Revision. 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 Revision. City Initiated: ISDS OPA 23-005/P Attachment #1 to PLN 34-23 Legislative Services Division Clerk’s Office Directive Memorandum September 28, 2022 To: Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on September 20, 2022 Director, City Development & CBO, Report PLN 38-22 Pickering Integrated Sustainable Design Standards City of Pickering Council Decision Resolution #982/22 1.That Council adopt the Pickering Integrated Sustainable Design Standards: Low-Rise Residential Checklist, dated August 2022, for Site Plan and Plan of Subdivision Applications for development of less than four storeys and a minimum of five dwelling units, as set out in Appendix I to Report PLN 38-22, save and except that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows: “Require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management systems (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces; or Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.” 2.That Council adopt the Pickering Integrated Sustainable Design Standards: Mid to High Rise Residential & Non-Residential Checklist, dated August 2022, for Site Plan and Plan of Subdivision Applications for development of residential buildings of four storeys and higher, and all Industrial, Commercial and Institutional buildings, as set out in Appendix II to Report PLN 38-22, save and except that Number LN7, Common Outdoor Amenity Space, Tier 1 Mandatory provision be amended to read as follows: “For residential buildings with 20 or more dwelling units, provide 4.0 square metres of common outdoor amenity space per dwelling unit (a minimum contiguous area of 40.0 square metres must be provided in a common location). Where lot areas are constrained in some cases, flexibility on providing the common outdoor amenity space requirement may be provided at the discretion of the Director, City Development.” Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer And, that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows: “For multi residential buildings, require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management syste ms (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces; or Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.” 3. That Council require all Site Plan and Plan of Subdivision Applications, for the type and scale of development referenced in Recommendations 1 and 2 above, that are deemed complete on or after January 1, 2023, to meet Tier 1 – Mandatory Performance Criteria as outlined in the Pickering Integrated Sustainable Design Standards Checklists; 4. That Council direct staff to: a. initiate an amendment to the Pickering Official Plan to add new policies that support the Pickering Integrated Sustainable Design Standards; b. add provisions to the City’s Draft Comprehensive Zoning By-law that support the Pickering Integrated Sustainable Design Standards; c. identify any additional staff resources, and cost recovery mechanisms, necessary to implement and enforce the ISDS, for inclusion within the proposed 2023 budget; d. review the Pickering Integrated Sustainable Design Standards every four years to reflect Ontario Building Code revisions, updated industry standards and climate science, and changing market demands; and, e. report back to Council on a proposed non-financial incentive strategy that supports the Pickering Integrated Sustainable Design Standards by the end of 2023; 5. That Report PLN 38-22 of the Director, City Development & CBO, which responds to Council Resolution #914/22 regarding a green roof by-law, be received for information; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report.