HomeMy WebLinkAboutBy-law 8033/23The Corporation of the City of Pickering
By-law No. 8033/23
Being a By-law to adopt Amendment 49 to the Official
Plan for the City of Pickering (OPA 23-002/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 49 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 49 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 25th day of September, 2023.
___________________________________ Original Signed By
Kevin Ashe, Mayor
___________________________________ Original Signed By
Susan Cassel, City Clerk
Exhibit “A” to By-law 8033/23
Amendment 49
to the City of Pickering Official Plan
Amendment 49 to the Pickering Official Plan
Purpose: The purpose of Amendment 49 is to bring the Pickering Official Plan into
conformity with the Planning Act, R.S.O. 1990, c. P.13. for policies that permit
additional dwelling units.
Location: The Amendment contains policies that apply City-wide including urban and
rural areas.
Basis: Bill 108, More Homes, More Choice: Ontario’s Housing Supply Action Plan,
included changes to the Planning Act to support the construction of additional
dwelling units (ADUs) on a lot.
These changes included:
•allowing municipalities to effectively allow up to three residential units on a
single lot, being one additional unit in the single detached, semi-detached,
block townhouse dwelling unit, or street townhouse dwelling unit; or one
additional unit in an accessory structure on the lot supporting the single
detached, semi-detached, block townhouse dwelling unit or street townhouse
dwelling unit; or two additional units in the single, semi-detached, block
townhouse dwelling unit or street townhouse dwelling unit; or one additional
unit in the existing dwelling and one additional unit on the lot;
•prohibiting municipalities from applying a development charge for ADUs
(subject to restrictions);
•prohibiting municipalities from setting a minimum floor area for ADUs; and
•prohibiting municipalities from requiring more than one additional parking
space for each ADU.
Bill 23, More Homes Built Faster, extended the permissions provided by
Bill 108. Where Bill 108 allowed municipalities to permit up to two ADUs on a
lot, Bill 23 now requires municipalities to permit up to two ADUs on a serviced
lot. In addition, those two ADUs may now both be located within a detached
dwelling, semi-detached dwelling, block townhouse unit, or street townhouse
unit.
Actual
Amendment: The City of Pickering Official Plan is hereby amended by:
(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 3.4, Land Use Definitions, in Chapter 3 – Land Use, as follows:
“3.4 For the purpose of this Plan, City Council shall define:
(a)“net residential density” as the total number of dwellings per hectare
of net residential site area, and shall not consider accessory
additional dwelling units as dwelling units for the purpose of
calculating density;”
Amendment 49 to the Pickering Official Plan Page 2
2.Revising City Policy 3.9, Urban Residential Areas, in Chapter 3 – Land Use, by deleting
the word “and” at the end of policy 3.9 (d); and adding the word “and” at the end of
policy 3.9 (e); and adding new subsection (f) as follows:
“(d) …; and
(e)….; and
(f)shall not count additional dwelling units towards the density
calculations contained in Table 9.”
3.Revising City Policy 6.3, Housing Mix and Supply, in Chapter 6 – Housing, by deleting
the word “and” at the end of policy 6.3 (c); and adding the word “and” at the end of
policy 6.3 (d) (iv); and adding new subsection (e) as follows:
“(c) …; and
(d)….; and
(e)permitting additional dwelling units on any property that contains a
single detached dwelling, semi-detached dwelling, block townhouse
dwelling unit or street townhouse dwelling unit, in conformity with
Provincial policy and any other applicable legislation.”
4.Revising City Policy 6.4 (e), Affordable and Special Needs Housing, in Chapter 6 –
Housing, as follows:
“(e) zone to permit accessory apartments, garden suites, additional dwelling
units in all residential areas, and rooming homes where appropriate; and”
5.Adding new City Policy 6.7 to Chapter 6 – Housing, as follows:
“6.7 Additional Dwelling Units
City Council shall:
(a)permit one additional dwelling unit in a single detached dwelling,
semi-detached dwelling, block townhouse dwelling unit or street
townhouse dwelling unit and one additional dwelling unit within a
building accessory to a single detached dwelling, semi-detached
dwelling, block townhouse dwelling unit or street townhouse
dwelling unit, on the same lot. The additional dwelling unit within an
accessory building shall not be located within a Key Natural
Heritage Feature, Key Hydrological Feature, or hazardous lands;
(b)permit two additional dwelling units in a single detached dwelling,
semi-detached dwelling, block townhouse dwelling unit or street
townhouse dwelling unit provided that no additional dwelling unit
exists within a building accessory to a single detached dwelling,
semi-detached dwelling, block townhouse dwelling unit or street
townhouse dwelling unit, on the same lot. The additional dwelling
units shall not be permitted where the existing dwelling, is located
within hazardous lands;
Amendment 49 to the Pickering Official Plan Page 3
(c)notwithstanding Sections 6.7 (a) and 6.7 (b), within the Oak Ridges
Moraine, as shown on Schedule I of this Plan:
(i)permit a maximum of one additional dwelling unit within the
Prime Agricultural Area, Rural, and Hamlet designations, on a
lot, within a single detached dwelling; and
(ii)not permit additional dwelling units within the Natural Core
Area and Natural Linkage Area designations;
(d)notwithstanding 6.7 (b), within the Protected Countryside of the
Greenbelt Plan, an additional dwelling unit is permitted within an
existing accessory building that was constructed on or before (or
where building permits were issued prior to) July 1, 2017;
(e)require all additional dwelling units to be registered with the City;
and
(f)not permit an accessory building containing an additional dwelling
unit to be severed from the lot accommodating the principal
dwelling. In no case shall an additional dwelling unit be considered
a residence surplus to a farm operation.”
6.Revising City Policy 8.2, Cultural Heritage Objectives, in Chapter 8 – Cultural Heritage,
by deleting the word “and” at the end of policy 8.2 (e); and adding the word “and” at
the end of policy 8.2 (f); and adding new subsection (g) as follows:
“(e) where possible, ensure development, infrastructure, capital works and
other private and public projects conserve, protect and enhance important
cultural heritage resources; and
(f)involve the public, business-people, landowners, local heritage experts,
heritage committees, relevant public agencies, and other interested groups
and individuals in cultural heritage decisions affecting the City.; and
(g)not limit the creation of additional dwelling units, within a building and/or
property containing, or adjacent to, cultural heritage resources.
7.Revising City Policy 11.48, Affordable Housing Strategy, in Chapter 11 – Seaton
Urban Area, as follows:
“11.48 City Council shall require the Seaton Urban Area be planned to achieve
25 percent of new residential units in housing forms considered
affordable to low and moderate-income households based on the
definition in the Provincial Policy Statement. This target shall be
achieved primarily through home ownership in multiple unit, ground
related housing and in small apartment units. Rental housing will be
provided through the rental of condominium apartment units, secondary
suites additional dwelling units and purpose-built rental housing. It is
anticipated that the majority of this affordable housing will be developed
in the Medium Density and Mixed Corridor designations.”
Amendment 49 to the Pickering Official Plan Page 4
8.Revising City Policy 11.49 (e), Affordable Strategies for Lower Income Tenants and
Owners, in Chapter 11 – Seaton Urban Area, as follows:
“(e) encouraging builders to construct single detached, and semi-detached,
block townhouse units and street townhouse units that containing
accessory additional dwelling units within the principal building and/or on
the property;”
9.Revising City Policy 15.15, Glossary, in Chapter 15 – Implementation, by adding in
alphabetical order a new definition as follows:
“Additional Dwelling Unit means a self-contained unit in a detached dwelling,
semi-detached dwelling, block townhouse dwelling unit, street townhouse
dwelling unit, or within a building accessory to a detached dwelling, semi-
detached dwelling, block townhouse dwelling unit, or street townhouse dwelling
unit on the same lot. The additional dwelling unit shall consist of one or more
rooms that are designed, occupied or intended for residential occupancy, by
one or more persons as an independent and separate residence in which
cooking facilities, sleeping facilities and sanitary facilities are provided for the
exclusive use of such person or persons.”
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.
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, except as revised by this amendment.
OPA 23-002/P
City Initiated