HomeMy WebLinkAboutPLN 09-22Report to
Planning & Development Committee
Report Number: PLN 09-22
Date: February 7, 2022
From: Kyle Bentley
Director, City Development & CBO
Subject: Ministry of Municipal Affairs and Housing - Site Plan Control Guide
- File: D-3900
Recommendation:
1. That Report PLN 09-22 of the Director, City Development & CBO, providing a review of
the Site Plan Control Guide distributed by the Ministry of Municipal Affairs and Housing,
be received for information.
Executive Summary: On October 4, 2022, City Council, through Resolution #672/21,
requested that City Development staff review the Site Plan Control Guide, prepared by the
Ministry of Municipal Affairs and Housing (MMAH) (see Attachment #1), and report back with
any recommendations to the City’s site plan review process. The MMAH site plan control guide
was published to provide information on the site plan control process and to provide
information to municipalities on efficiencies that are available to streamline the review process.
The MMAH Site Plan Control Guide was reviewed with the members of the Site Plan
Committee. Through those discussions, it was determined that the City's Site Plan Control
review process would benefit from greater clarity on what is involved in this process, and to
provide greater access to the public on submitted applications. While not a specific
recommendation in the MMAH Site Plan Control Guide, staff agree with the committee that
increased access to information on submitted applications would assist residents in
understanding what is proposed within their community. City staff will be reporting back to the
Site Plan Committee on recommended platforms to display this information.
City Development staff have reviewed the Site Plan Control Guide and are pleased to confirm
that City’s current Site Plan Control review process utilizes most of the tools recommended in
the MMAH site plan control guide, save and except the online tracking portal and community
permit system. Staff are in the early stages of creating an online portal system, starting with
building permit applications. Staff will consult with the Site Plan Committee on the development
of the online platform for site plan applications.
Financial Implications: The recommendations of this report do not present any financial
implications.
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 2
1. Background
On October 21, 2021, Council passed Resolution #672/21 directing the following:
1. That Corr. 42-21, from Steve Clark, Minister of Municipal Affairs and Housing,
dated September 9, 2021, regarding the Site Plan Control Guide, be received; and
2. That Corr. 42-21 be referred to the Site Plan Control Committee and relevant
Planning staff, with direction to review the Site Plan Control Guide and report back
to Council with recommendations pertaining to any changes/enhancements that
may be required in the Site Plan Review process, no later than the January
meeting of Council.
2. Ministry of Municipal Affairs and Housing (MMAH) – Site Plan Control Guide
In September 2021, the Ministry prepared and distributed a Site Plan Control Guide
(see MMAH Site Plan Control Guide Attachment #1) to provide an overview of the site
plan control process, and to provide municipalities guidance on administrative
improvements to make the site plan process more efficient and to minimize delays.
The City Development Department has reviewed the Site Plan Control Guide with the
intent to examine the suggested improvements, to review them against our current
practices, and to provide recommendations.
The Site Plan Control Guide contains explanatory information and recommendations on
early consultation, guidance materials, a delegation of authority, electronic
submissions/permitting, and a review of the Community Planning Permit System as an
alternative process to site plan control. This report is intended to address each of these
areas concerning current City practice, and to identify staff recommendations for any
improvements the City should consider exploring.
3. What is site plan approval?
Site plan control is a planning tool provided to municipalities under the Planning Act.
The site plan control process allows municipal staff to review and approve the following
development details to the satisfaction of the City, the Region, and other commenting
agencies:
• Building siting and site design;
• Building massing;
• Vehicular access location;
• Driveways, curbing, and traffic direction signs;
• Loading and parking facilities;
• Emergency vehicle routes;
• All pedestrian access such as walkways and ramps;
• Refuse and other waste facilities;
• Site lighting requirements;
• Grading, drainage and servicing components;
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 3
• Site landscaping requirements;
• Accessibility requirements;
• Sustainability design matters; and
• Need for municipal and/or regional road widening.
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.
The City’s current Site Plan Control Area By-law came into effect on January 21, 1980,
which designated all 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
Land Tribunal, known then as the Ontario Municipal Board (OMB), approved
Amendment 23 (OPA 23) to the Pickering Official Plan. OPA 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 covers, permeable paving materials, street furniture, curb ramps, waste and
recycling containers and bicycle parking facilities.
4. City’s Current Site Plan Control Review Process
Upon submission of a site plan application, the City Development Department conducts
a preliminary review of the submission for completeness before circulating for
comments. If the submission is complete, the application is circulated with comments
requested within 30 business days. The circulation process includes various City
departments; external agencies; the Accessibility Advisory Committee; the Heritage
Advisory Committee (for properties containing a heritage building or structure), and the
City’s urban design review consultant.
Immediately following the circulation of a site plan application, City Development staff
present the site plan application to the Site Plan Advisory Committee for their
information, and to obtain any preliminary comments and feedback on local matters that
they may raise about the proposal.
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 4
A site plan application will progress towards approvals when the applicant has
satisfied various comments provided during circulations. Due to the complexity of the
majority of submitted applications, it is typical that applications will require at least two to
three resubmissions before they may proceed towards site plan approval. When a
majority of the comments have been addressed by the applicant, staff will schedule the
application to be presented at a meeting of the Site Plan Committee. The applicant is
invited to these meetings to discuss their current proposal and to respond to any
feedback provided by Committee members. Final Site Plan approval is issued once the
Director, City Development & CBO is satisfied all comments have been addressed
(including any feedback from the Site Plan Advisory Committee), all fees have been
paid, parkland dedication has been addressed, all securities have been provided, and a
Site Plan Control Agreement has been registered on title.
The flowchart below illustrates the City’s current Site Plan Control Process:
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 5
5. Pre-Consultation for Site Plan Applications is required
The Site Plan Control Guide recommends that municipalities use the authority granted
to them under the Planning Act to establish a mandatory early consultation process for
site plans similar to other planning applications. The early consultation process will
allow the applicant, the City, and external agencies to discuss the proposal to resolve
differences early on, and provide clarity on the submission requirements.
Section 16.2 of the City’s Official Plan requires all applicants intending to submit an
application for official plan amendment, zoning by-law amendment, draft plan of
subdivisions, draft plan of condominium and site plan approval to attend a mandatory
pre-consultation with the City before submitting an application. The City Development
Department has established a formal application process for pre-consultation.
A pre-consultation meeting allows applicants and/or their authorized
representative/consultants to present and discuss a development proposal with relevant
staff and external agencies. This meeting enables staff and agencies to provide
preliminary feedback on the development proposal, identify any key issues, comment
on the approval that will be required, and confirm the supporting
information/materials/studies that must be submitted with the site plan application. This
process intends to lead to a quicker review process with reduced modification being
required. Following the pre-consultation meeting, the applicant receives a written
summary of the minutes, and a list of required studies and reports, to ensure a complete
submission is received.
City Development staff have observed that the majority of the site plan applications,
received since the formal pre-consultation process has been implemented, have
improved the quality of submissions and allowed for a more efficient and expedited
review and approval process.
6. A new Site Plan Control Manual is being prepared
The Ministry’s Site Plan Control Guide encourages municipalities to prepare local
guidelines to assist applicants in the submission of site plan applications. The guidelines
are intended to set out the requirements for various types of developments along with
specific design standards.
The City Development Department is preparing a new Site Plan Control Manual. Similar
to the above Ministry recommendations, the City site plan manual assists applicants in
understanding the site plan application process, site design standards and technical
requirements.
City Development staff are presently meeting with the other City Departments and
external agencies for their input. The new manual will provide updated standards,
references, and process information for the public and applicants, which is anticipated
to assist in the preparation of site plan submissions and to improve the quality of the
submitted plans and reports.
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 6
It is anticipated that this new Site Plan Control manual will be completed by Spring 2022
for endorsement by City Council. Upon approval, the new manual will subsequently be
published on the City’s website.
7. City Development has moved to Electronic submissions and review
The MMAH Site Plan Control Guide encourages municipalities to utilize technology in
the processing of site plan applications, such as electronic submissions and the
establishment of online application portals, to track the progress of the applications.
Since the onset of the COVID-19 pandemic, the City Development Department has
been accepting pre-consultation and site plan applications electronically. The switch to
electronic submissions and subsequent electronic circulations has improved circulation
processing and response times for site plan applications.
With the change to electronic submission for site plan applications, Planning staff have
been able to use the same electronic markup software (Bluebeam – Revu) that Building
Services staff use to review building permits. The ability to review and mark up, and
share electronic submissions, has improved our ability to provide timely responses to
submissions.
The City does not currently have an online portal system for applicants to track their
applications submitted to the City. Staff are in the early stages of creating an online
portal system for building permit applications and are currently exploring opportunities to
expand this online platform to inform members of the public of active site plan
applications under review by the City. Staff will report back to the Site Plan Advisory
Committee for comments and feedback.
8. Community Planning Permit System
The MMAH Site Plan Control Guide provides information on the Community Planning
Permit System (CPPS) as an alternative land use planning tool available to
municipalities when planning their communities. The CPSS combines zoning by-law,
site plan control, and minor variance processes into one application process, with the
potential for shorter approval timelines, and shorter dates for the applicant to appeal the
application.
This CPPS can help to make development approval processes more streamlined and
efficient, get housing to market quicker, support local priorities (such as community
building, developments that support public transit, and greenspace protection), and
create certainty and transparency for the community, landowners, and developers.
To use a community planning permit system, a municipality must adopt an official plan
amendment for the CPPS area, and pass a “community planning permit by-law”. There
have been several municipalities that have adopted this process to address specific
areas of concern, such as heritage preservation, environmental protection in waterfront
areas, and preservation of neighbourhood character.
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 7
Discussion and recommendations on the CPPS are beyond the scope of this report.
The adoption of a CPPS process would be a significant change to the current planning
process in the City of Pickering, and would require the adoption of appropriate Official
Plan policies and a CPPS By-law.
9. Site Plan Advisory Committee
Although Council delegated the approval authority to staff, the Site Plan Committee was
established to ensure that local issues are taken into consideration in the review of Site
Plan Applications. The Site Plan Advisory Committee provides a forum for City
Development staff to engage the three City Councillors about current development
proposals. Specifically, it enables the local Councillors to provide feedback, and to
identify any potential adverse impacts a proposal may have on the surrounding
community, for staff to consider in the review of the site plan application. Additionally,
the Committee members are able to discuss the proposal with the applicant to either
express their concerns, or to obtain additional information.
Since the inception of the Site Plan Committee, the Committee has been a valuable
resource in assisting planning staff in the review of site plan applications and sign
variances. Based on our review of other GTA municipalities, no other municipality has
an advisory committee providing input on site plan matters. Section 11 below outlines
staff’s suggested changes to the Site Plan Advisory Committee starting the next term of
Council.
10. Site Plan Approval is Delegated to the Director, City Development & CBO
The Site Plan Control Guide encourages municipalities to utilize the authority in the
Planning Act to allow Council to delegate site plan approvals to municipal staff (the
Director, City Development & CBO for Pickering). Delegating the approval authority to
staff can save time for the applicant as the site plan process is very technical in nature,
and amendments to the plans occur quickly, and are usually very time-sensitive as it
relates to the issuance of the related building permits. The City of Pickering has been
approving site plan applications with this authority in the Planning Act since 1980. Council
delegated the approval authority for site plan application to the Director through the
passing of By-law 1080/80.
11. Feedback from the Site Plan Advisory Committee Comments
On January 7, 2022, City Development staff reviewed the MMHA Site Plan Control
Guide with the Site Plan Advisory Committee, including staff's recommended
improvements to the City's Site Plan approval process. The table below is a summary of
the Committees' comments and staff's responses.
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 8
Comments from the
Site Plan Advisory Committee
Staff’s Response
The Committee discussed opportunities
to increase public transparency in the
site plan review process. The
Committee commented that members of
the public typically are not aware of
current site plan applications that are
under review within their
neighbourhoods. The Committee
requested staff to look into the best
method to provide an online tool for the
public to be able to view proposed
developments that are subject to site
plan applications.
Although the Planning Act does not require
public consultation as part of the site plan
review process, staff will look into the best
option to post submitted applications online
for the public to be aware of current site
plan proposals. Staff will explore
opportunities to create a map-based online
platform to allow the public to view active
site plan applications in the City. Staff will
report back to the Site Plan Advisory
Committee to present options.
The Committee asked whether there is
an opportunity to engage the public in
the review of a site plan application.
As noted above, Site Plan Control is a
technical review process to review matters
related to engineering details, building
siting and massing, architectural details,
landscaping, parking and loading, vehicular
access, pedestrian pathways and
accessibility.
In the past, in consultation with the local
and regional Councillors and with the Site
Plan Advisory Committee, City Development
staff have hosted open house meetings to
obtain comments and feedback from the
immediate properties owners who may be
impacted by the development.
The Planning Act does not require
municipalities to host a statutory public
meeting or a public open house for site
plan applications. However, the City's
current process does allow the opportunity
for City staff to host an open house meeting
where warranted without delaying the
review of a site plan application.
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 9
Comments from the
Site Plan Advisory Committee
Staff’s Response
The Committee members indicated that
this “committee” does not function in the
same manner as other Committees of
Council. This Committee is intended to
provide the Director, City Development
with advice on site plan applications and
does not undertake public engagement
like other Committees of Council. It was
recommended that City staff review the
structure of the Site Plan Advisory
Committee and update the terms of
reference before the next term of City
Council.
City staff will undertake a review of the Site
Plan Advisory Committee and update the
existing terms of reference before the next
term of City Council. The name of the
committee will be changed to “Site Plan
Review Panel” to reflect its advisory role
and to ensure there is no confusion with the
public regarding the function of the
committee. City staff will ensure the
function of the committee is further outlined
in the new site plan manual, which will be
presented to City Council for adoption.
The Committee requested staff to
provide details of the comments
received from other Committees of
Council, particularly the Accessibility
Advisory Committee, and how the
applicant addressed those comments.
Moving forward, City Development staff will
ensure to provide an overview of the key
comments received by the Site Plan
Advisory Committee; an overview of key
comments received through the site plan
review process; and any comments from
Accessibility Advisory Committee and
Heritage Advisory Committee prior to the
Site Plan Advisory Committee considering
the application.
12. Recommended Improvements to the City’s Site Plan Approval Process
The City Development Department is not recommending the adoption of any changes to
the Site Plan Approval process at this time. City Development staff are working on
completing the draft of the new site plan approval manual, which will be presented to
the Site Plan Advisory Committee for review and comment. City staff will also continue
to work with the Site Plan Advisory Committee to explore options for community
notification of submitted site plans.
Attachment:
1. Ministry of Municipal Affairs and Housing (MMAH) Site Plan Control Guide
Report PLN 09-22 February 7, 2022
Subject: Site Plan Control Guide Page 10
Prepared By:
Original Signed By
Tyler Barnett
Principal Planner, Site Planning
Original Signed By
Nilesh Surti, MCIP, RPP
Manager, Development Review
& Urban Design
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
TB:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report #PLN 09-22