HomeMy WebLinkAboutPLN 21-18DICKERING
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Report to
Planning & Development Committee
Report Number: PLN 21-18
Date: June 18, 2018
From: Kyle Bentley
Director, City Development & CBO
Subject: Revised Site Plan Control Area By-law
File: L-2000-023
Recommendation:
1. That Council approve and enact the revised Site Plan Control Area By-law as set out in
Appendix I to Report PLN 21-18;
2. That Council repeal By-laws 1079/80 and 7009/09, and replace them with the attached
revised Site Plan Control Area By-law to designate the entire City of Pickering as a Site Plan
Control Area; and
3. That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: The purpose of this report is to obtain Council's approval to repeal
By-laws 1079/80 and 7009/09 and replace it with a new site plan control area by-law. A revised
site plan control area by-law is required to implement the new site plan policies contained in
Official Plan Amendment 23, be consistent with the requirements of Section of 41 of the Planning
Act and other provincial planning documents, and create a single document that would simplify
referencing to and documenting of information relating to site plan control area in the City.
The draft by-law is attached as Appendix I and is recommended to be forwarded to Council for
enactment.
Financial Implications: The recommendations of this report do not present any financial
implications.
1. Discussion
Site plan control is a planning tool provided to municipalities under the Planning Act. Site
plan control allows the City to review and approve development details for a property such
as building location; massing and exterior design of buildings; loading and parking facilities;
landscaping; grading and servicing; and accessibility and sustainable design matters in
order to ensure that the City's, the Region's and other agency requirements are satisfied.
Site plan control is regulated by Section 41 of the Planning Act. Municipalities may pass a
by-law to designate the whole or any part of the municipality as a site plan control area.
Report PLN 21-18 June 18, 2018
Subject: Revised Site Plan Control Area By-law Page 2
The City's current Site Plan Control Area By-law came into effect on January 21, 1980,
which designated' the entire Town of Pickering as a site plan control area. Subsequently, in
December 2009, Council amended the Site Plan Control Area By-law to add a provision
that all buildings or structures requiring a building permit located within 120 metres of any
key natural feature or hydrologically sensitive feature on the Oak Ridges Moraine, as
identified in the Pickering Official Plan schedules, shall be subject to site plan control.
Since 2009, the Province has made further amendments to the Planning Act (Bill 51 and
Bill 73) and updates to various provincial policy documents (i.e., Growth Plan, the Oak
Ridges Moraine, and the Greenbelt Plan) that have introduced new tools to assist
municipalities in the review of detailed development proposals. In 2016, the Ontario
Municipal Board (OMB) approved Amendment 23 to the Pickering Official Plan.
Amendment 23 was prepared in response to changes to the Planning Act in 2007 (Bill 51),
which provided municipalities with the authority to address the following:
• matters relating to exterior design, including without limitation the character, scale,
appearance and design features of buildings, and their sustainable design, but only to
the extent that it is a matter of exterior design, and
• sustainable design elements on any adjoining highway under a municipality's
jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground
cover, permeable paving materials, street furniture, curb ramps, waste and recycling
containers and bicycle parking facilities
In order to be consistent with the requirements of Section 41 of the Planning Act, an update
to the City's Site Plan Control Area By-law is required.
2. Proposed changes to the Site Plan Control Area By-law
The revised site plan control area by-law also includes several changes to ensure
consistency with the Planning Act, the City's Official Plan policies, and other matters that
are of key interest to the City. The proposed revisions to the Site Plan Control Area By-law
already reflects what staff have been doing in practice. Creating a single by-law simplifies
referencing to and documenting information relating to site plan control in the City The
following is a summary of the various changes that have been included in the revised site
plan control area by-law.
• Drawings/plans showing the location of all buildings and structures to be erected and
the required works are to be submitted. The required drawings shall sufficiently
display:
• the massing and conceptual design of proposed building(s)
• the relationship of proposed building(s) to adjacent buildings, streets and other
public spaces
• pedestrian walkways, stairs, elevators, and escalators to which members of the
public have access from streets, open spaces and interior walkways
• matters relating to exterior building design, including without limitation, the
character, scale, appearance, and design of buildings, and their sustainable
design, but only to the extent that is a matter of exterior design
Report PLN 21-18 June 18, 2018
Subject: Revised Site Plan Control Area By-law Page 3
• sustainable design elements on any adjoining highway under the City's
jurisdiction, including without limitation, trees, shrubs, hedges, planting or other
ground cover, permeable paving materials, street furniture, curbs ramps, waste
and recycling containers and bicycle parking facilities, and
• facilities designed to have regard for accessibility for person with disabilities
• As a condition of site plan approval, the City may require the owner of the lands being
developed to provide the following:
• widening of public roads
• facilities to provide access to and from the lands such as access ramps, curbing
and traffic direction signs
• off-street vehicular loading and parking facilities
• walkways and walkway ramps, including the surfacing thereof, and all other
means of pedestrian access
• facilities designed to have regard for accessibility for persons with disabilities
• facilities for the lighting, including floodlighting, of the land or of any buildings or
structures
• walls, fences, hedges, trees, shrubs or other ground cover or facilities for the
landscaping of the land or the protection of adjoining lands
• vaults, central storage and collection areas and other facilities and enclosures for
the storage of garbage and other waste or recyclable material
• easements conveyed to the City for the construction, maintenance or
improvement of water courses, ditches, land drainage works and sanitary sewage
facilities and other public utilities on the lands
• grading or alteration of the land and provisions for the disposal of storm, surface
and waste waters from the lands and from any buildings or structure thereon, and
• reports and/or studies demonstrating conformity with the policies of the City's
Official Plan, requirements of any applicable approved urban design guidelines
and provisions of the City's Zoning By-law
• The following class or classes of development are exempt from site plan approval:
• residential development of 1 or 2 dwelling units per lot
• agricultural and farm related buildings or structures that are used in farming
operations, including new buildings or structured use for agricultural purposes
within the Natural Heritage System of the Greenbelt Plan (provided that the new
buildings or structures are located outside of the 30.0 metres minimum vegetation
protection zone from a key natural heritage or key hydrologic feature identified in
the Pickering Official Plan)
• tents and similar structures to be erected for a temporary period not exceeding
12 weeks
• accessory buildings or structures not exceeding a total gross floor area of
50 square metres
• any expansion or enlargement of a building or structure that is less than 20 square
metres or less than 10 percent of the total floor area of the building, whichever is
less
Report PLN 21-18 June 18, 2018
Subject: Revised Site Plan Control Area By-law Page 4
• any building or structure owned or operated by the City, the Region of Durham, a
conservation authority, the Government of Ontario, or of Canada
• any building or structure being re -built that were destroyed by fire, explosion or
flood or other similar causes, subject to conditions, and
• development of sales offices and model homes
3. Site plan control for new development and lot creation on lands within the Oak
Ridges Moraine
On December 21, 2009, following the Minister of Municipal Affairs and Housing approval
of Amendment 15 to the Pickering Official Plan to implement the Oak Ridges Moraine
Conservation Plan, the Council of the Corporation of the City of Pickering enacted
By-law 7009/09, being a by-law to amend the City of Pickering's site plan control area
by-law, by adding a section stipulating that all buildings or structures requiring a building
permit that are located within 120 metres of any key natural feature or hydrologically
sensitive feature on the Oak Ridges Moraine as identified in the Pickering Official Plan
schedules, shall be subject to site plan control.
In addition to the above, following recent discussions with staff from the Ministry of
Municipal Affairs (MMA) regarding the definition of "development" and the policies on lot
creation in the Oak Ridges Moraine Conservation Plan, MMA has confirmed that the
creation of a new lot on lands within the Oak Ridges Moraine also requires site plan
approval. Under these circumstances, the site plan approval process will determine
whether there would be enough net developable area on both the severed and retained lot
to accommodate proposed uses, buildings and structures without encroachment on key
natural heritage features or key hydrologic features.
Following the approval of Amendment 23 by the Ontario Municipal Board on July 22, 2016,
and in view of the above-mentioned matter regarding lot creation on the Oak Ridges
Moraine, the revised site plan control has been updated to be consistent with the Oak
Ridges Moraine Conservation Plan. The revised by-law now includes a provision requiring
site plan approval for all development and lot creation proposed within 120 metres of any
key natural heritage feature or hydrologically sensitive feature on the Oak Ridges Moraine.
4. Staff recommend that the revised site plan control area by-law be enacted by Council
Staff consulted with internal departments including Building Services and Corporate
Services (Legal Services) throughout the drafting the revised Site Plan Control Area By-law.
Comments from the respective departments have been incorporated in the new By-law.
Staff have also consulted with the Site Plan Advisory Committee.
The revised Site Plan Control Area By-law will assist in implementing the new site plan
policies contained in Amendment 23 to the Official Plan, be consistent with the
requirements of Section of 41 of the Planning Act and other provincial planning documents,
and will create a single document that would simplify referencing to and documenting of
information relating to site plan control in the City.
Report PLN 21-18 June 18, 2018
Subject: Revised Site Plan Control Area By-law Page 5
Appendix
Appendix I Draft By-law to designate the City of Pickering as a Site Plan Control Area
Prepared By: Approved/Endorsed By:
Tyle
4e0,
Catherine Rose, MCIP, RPP
Prin +a ' fanner, Site Planning Chief Planner
Nilesh urti,\jMCIP, RPP
Manager, Development Review &
Urban Design
NS:Id
A-14-
Kyre Bentley, P. Eng.
Director, City Development & CBO
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
ivizt 41 Zoic9
Appendix I to
Report No. PLN 21-18
Draft By-law to designate the
City of Pickering as a
Site Plan Control Area
The Corporation of th ' �' of Pickering
XX
Being a By-law tesignate the City of Pickering
as a Site Plan Control Area.
Whereas, Section 41(2) of the Planning Act, R.S.O. 1990, c. P.13, as amended, permits
the Council of The Corporation of the City of Pickering to designate the whole or any
part of the municipality as a site plan control area provided provisions are included in
the Official Plan;
And whereas, the Council of The Corporation of the City of Pickering considers it
desirable to pass such a by-law;
Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as
follows;
1.0 Definitions
In this By-law,
(1) "Act" means the Planning Act (Ontario), R.S.O. 1990, c. P.13, as amended.
(2) "City" means The Corporation of the City of Pickering.
(3) "Development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of substantially increasing the size or
usability thereof, or the laying out and establishment of a commercial
parking lot or of sites for the location of three or more trailers as defined in
clause 164(4)(a) of the Municipal Act, 2001, as amended, or of sites for the
location of three or more mobile homes as defined in subsection 46(1) of
the Act;
Under Section 414(1.1) of the Act, the definition of development does not
include the placement of a portable classroom on a school site of a district
school board if the school was in existence on January 1, 2007.
Notwithstanding the foregoing, within the Oak Ridges Moraine, as
established by Ontario Regulation 01/02, "Development" shall also include
the creation of a new lot, a change in land use, or the construction of
buildings and structures, any of which require approval under the Act.
2.0 Interpretation
2.1 All lands within the corporate limits of the City of Pickering are hereby designated
as a site plan control area pursuant to section 41(2) of the Planning Act, R.S.O.
1990, as amended.
By-law No. XXFT
RA
3.0 General
Page 2
3.1 No person shall undertake any development in the site plan control area
designated by this By-law unless the Council of the City or, where a referral has
been made under subsection 41(12) of the Act, the Local Planning Tribunal has
approved,
(a)
plans showing the location of all buildings and structures to be erected and
showing the location of all facilities and works to be provided in conjunction
therewith including those facilities and works referred to in subsection 3.2 of
this By-law and, including facilities designed to have regard for accessibility
for persons with disabilities;
(b) drawings showing plan, elevation and cross section views for each building
to be erected which drawings are sufficient to display,
(i)
the massing and conceptual design of the proposed building;
(ii) the relationship of the proposed building to adjacent buildings, streets,
and exterior areas to which members of the public have access;
(iii) the provision of interior walkways, stairs, elevators and escalators to
which members of the public have access from streets, open spaces
and interior walkways in adjacent buildings;
(iv) matters relating to exterior building design, including without limitation
the character, scale, appearance and design of buildings, and their
sustainable design, but only to the extent that it is a matter of exterior
design;
(v) sustainable design elements on any adjoining highway under the
City's jurisdiction, including without limitation, trees, shrubs, hedges,
plantings or other ground cover, permeable paving materials, street
furniture, curb ramps, waste and recycling containers and bicycle
parking facilities; and
(vi) facilities designed to have regard for accessibility for persons with
disabilities.
3.2. As a condition of approval of the plans and drawings referred to in subsection 3.1
of this By-law, the City may require the owner of lands being developed to,
(a) provide to the satisfaction of and at no expense to the City any or all of the
following:
(1) widenings of highways that abut on the land;
(ii) subject to the Public Transportation and Highway Improvement Act,
as amended, facilities to provide access to and from the lands such
as access ramps, curbing and traffic direction signs;
By -I
• 4XX Page 3
(iii) off-street vehicular loading and parking facilities, either covered or
uncovered, access driveways, including driveways for emergency
vehicles, and the surfacing of such areas and driveways;
(iv) walkways and walkway ramps, including the surfacing thereof, and
all other means of pedestrian access;
(v) facilities designed to have regard for accessibility for persons with
disabilities;
(vi) facilities for the lighting, including floodlighting, of the land or of any
buildings or structures thereon;
(vii) walls, fences, hedges, trees, shrubs or other ground cover or
facilities for the landscaping of the land or the protection of adjoining
land;
(viii) vaults, central storage and collection areas and other facilities and
enclosures for the storage of garbage and other waste material;
(ix) easements conveyed to the City for the construction, maintenance,
or improvement of water courses, ditches, land drainage works and
sanitary sewage facilities and other public utilities on the land;
(x) grading or alteration in elevation or contour of the land and provisions
for the disposal of storm, surface and waste water from the land and
from any buildings or structures thereon;
(xi) reports andfor studies demonstrating conformity with the policies of
the City's Official Plan, requirements of any applicable approved
urban design guidelines and provisions of the City's Zoning Bylaw,
as amended.
(b) maintain to the satisfaction of the City and at the sole risk and expense of
the owner any or all of the facilities or works mentioned in paragraphs (ii)
to (x), inclusive, of clause 3.2 (a) of this By-law including the removal of
snow and ice from access ramps and driveways, parking and loading
areas and walkways;
(c) enter into one or more agreements with the City dealing with and ensuring
the provisions of the facilities, works or matters to be provided in
accordance with clause 3.2 (a) or (e) of this By-law and the maintenance
thereof as mentioned in clause 3.2 (b) of this By-law or with the provision
and approval of the plans and drawings referred to in subsection 3.1 of this
By-law;
(d) enter into one or more agreements with the City ensuring that development
proceeds in accordance with the plans and drawings approved under
subsection 3.1 of this By-law;
o XXX/XX Page 4
(e) convey part of the land to the municipality to the satisfaction of and at no
expense to the City or the Region of Durham for a public transit right-of-way.
4.0. Exemptions
The following class ar classes of development are exempt from the approval of
plans and drawings otherwise required under subsection 3,0 of this By-law:
(a) residential development of one or two dwelling units per lot;
(b) agricultural and farm related buildings or structures that are used in
farming operations, including new buildings or structures used for
agricultural purposes within the Natural Heritage System of the Greenbelt
Plan, which are located outside of the 30.0 metre minimum vegetation
protection zone from a key natural heritage or key hydrologic feature
identified in the Pickering Official Plan;
tents and similar structures to be erected for a temporary period not
exceeding 12 weeks;
(c)
(d) accessory buildings or structures not exceeding a total gross floor area of
50 square metres;
(e) any expansion or enlargement of a building ar structure that is less than
20 square metres or less than 10 percent of the total floor area of the
building, whichever is less;
(f)
(g)
any building or structure owned or operated by the City, the Region of
Durham, a conservation authority, the Government of Ontario or of
Canada;
any building or structure destroyed by fire, explosion or flood or other
similar cause, provided that:
(1)
the reconstructed building ar structure is used for the same purpose
as the former building or structure;
(ii) the gross floor area and height of the reconstructed building or
structure generally do not exceed those of the former building or
structure; and,
(iii) the reconstructed building ar structure is generally not closer to any
lot lines than the former building or structure; and
(h) development of residential sales offices and model homes.
5.0 Oak Ridges Moraine -- Site Plan Control Area
Despite the provisions of section 4.0 of this By-law, the lands located within the
boundary of the Oak Ridges Moraine as shown on Schedule 1 (Sheets 2 and 3)
of the Pickering Official Plan, the approval of plans and drawings under section
41(4) and (5) of the Act shall be required for all development and lot creation
proposed within 120 metres of any key natural heritage feature or hydrologically
sensitive feature an the Oak Ridges Moraine.
By-law No. XXXX/XX Page 5
6.0 Site Plan Agreement
The Mayor and Clerk of the City are hereby authorized to execute any agreement
with the City dealing with the provision of any or all of the facilities, works or
matters referred to in section 41(7)(a) and the maintenance thereof referred to in
section 41(7)(b) of the Act, or with the provision and approval of the pians and
drawings pursuant to section 41(4) of the Act, as may be required to be made by
the owner of the land with the City, as a condition of the approval of the plans and
drawings referred to in section 41(4) of the Act.
7.0 Repeal of Existing By-laws
By-laws 1079/80 and 7009/09 are hereby repealed.
8.0 Effective Date
This By-law shall come into force on the day of its passing.
By-law passed this XX day of XXXX, 2018.
David Ryan, Mayor
Debbie Shields, City Clerk