HomeMy WebLinkAboutPLN 24-23Report to
Planning & Development Committee
Report Number: PLN 24-23
Date: June 5, 2023
From: Kyle Bentley
Director, City Development & CBO
Subject: Consolidated Zoning By-law Review
Phase 2, Status Update on Public Consultation
File: D-1100-101
Recommendation:
1. That Report PLN 24-23, providing an update on the status of the City of Pickering
Consolidated Zoning By-law Review, be received for information.
Executive Summary: The purpose of the Consolidated Zoning By-law Review is to
consolidate, and update, the City’s existing six parent Zoning By-laws 2511, 2520, 3036, 3037,
7364/14 and 7553/17, into one Zoning By-law, to reflect updated performance standards, and
current development and building practices. As part of Phase 2 of the Zoning Review, the first
City wide draft Zoning By-law, including the text and sample interactive zoning map, was
released in June 2022, and posted on the Let’s Talk Pickering site. Approximately
90 comments were received from the public consultation. No predominant City wide issues
emerged from the public comments.
A second draft of the new City wide Zoning By-law will reflect revisions resulting from a review
of the comments submitted on the first draft. The second draft, scheduled to be posted on the
Let’s Talk Pickering site in June, will also contain a full interactive zoning map, and site-specific
zoning exceptions. Comments received from the public consultation on the second draft
Zoning By-law will be reviewed, and where appropriate, reflected in the third draft Zoning
By-law. The third, and final, draft is anticipated to be presented to the Planning & Development
Committee in the late fall/winter 2023 for consideration.
In parallel with the Consolidated Zoning By-law Review, staff is reviewing several issues that
would affect the new Zoning By-law. These include: driveway widenings to permit additional
off-street parking; permissions and regulations for additional dwelling units; and permissions
and regulations for short term rentals. Depending on the timing, the new zoning provisions for
these matters may be included in the Consolidated Zoning By-law. Alternatively, the provisions
will be added as amendments to the new By-law.
Financial Implications: The recommendation of this report does not present any financial
implication to the City.
PLN 24-23 June 5, 2023
Subject: Consolidated Zoning By-law Review Page 2
Phase 2, Status Update on Public Consultation
Discussion:
1. Background
The purpose of the Zoning Review is to consolidate and update the City’s existing six
parent Zoning By-laws 2511, 2520, 3036, 3037, 7364/14 and 7553/17 into one Zoning
By-law. When completed, the new City wide consolidated By-law will implement recent
planning legislation; reflect updated definitions, performance standards and building
practices; and amalgamate site-specific zoning provisions. Phase 1 of the Zoning
Review was outlined in Report PLN 03-22 (see Attachment #1). That Report also
described the proposed approach and structure of the draft Zoning By-law.
2. Discussion
2.1 Comments received on the first draft Zoning By-law were primarily site-specific or
technical in nature
Between June 2022 and March 2023, the draft Zoning By-law was presented at a series
of consultation events. Public consultation included in-person, and electronic open
houses, posting of the draft Zoning By-law, sample zoning mapping, and information
about the Zoning Review on the Let’s Talk Pickering. There has been approximately
2,000 views of the Zoning Review information on the City’s website. Advertising, and
outreach for open houses, included mobile boulevard signage, newspaper notices, the
City website, and emails to City website subscribers. Open houses were held on the
evenings of January 26, 2023 (in-person), and February 15, 2023 (virtual). These
events were attended by 92 people in total (either in person, electronically or
livestreamed).
Approximately 90 comments on the draft Zoning By-law have been received from the
public, stakeholders and City staff. The majority of the comments are site-specific or
technical in nature. No predominant City wide issues emerged from the public
comments. The second draft of the Zoning By-law will reflect revisions resulting from a
review of the comments.
2.2 The second draft Zoning By-law will contain site-specific exceptions, and public
consultation will continue
A site-specific exception is a zoning by-law amendment where a new section is created
with requirements including permitted uses, lot and building requirements and
definitions that are only applicable to an individual site or development. The number of
existing exceptions varies for each existing parent Zoning By-law.
There are approximately 700 site-specific exceptions contained in the existing six parent
Zoning By-laws. In preparing the second draft of the Zoning By-law, these site specific
zoning exceptions were reviewed to determine which exceptions are no longer needed,
and which ones will be carried forward. Site specific exceptions will be deleted where it
is determined that they are no longer relevant, and that the new zoning categories and
provisions allow the uses and development permitted by the exceptions. Other
exceptions will be carried forward into the second draft Zoning By-law, as needed, to
continue to permit the uses and development permitted by the exception.
PLN 24-23 June 5, 2023
Subject: Consolidated Zoning By-law Review Page 3
Phase 2, Status Update on Public Consultation
Public consultation will continue on the second draft Zoning By-law. To assist the public
review of the second draft Zoning By-law, a table identifying how each submission from
the first draft was addressed will be posted on the Let’s Talk Pickering site. The
Frequently Asked Questions section of Let’s Talk Pickering is updated regularly.
2.3 The second draft Zoning By-law will be informed by the on-going review of
several issues the City is experiencing
In parallel with the Zoning By-law Review, City staff has been reviewing issues related
to driveway widening, additional dwelling units, and short term rental. A description of
the research to date is discussed below.
2.3.1 The draft Zoning By-law is under review to consider where, and to what extent,
driveway widenings may be considered across the City
The City is facing a challenge in many parts of the urban area to accommodate the
parking of privately-owned vehicles in the front yards of residential lots. Part of the
solution, where the lot width permits, is to allow the driveway to be paved from side lot
line to side lot line. This, however, may not look attractive. But more importantly, the
amount of hard surface (pavement) directly affects the amount and rate of stormwater
runoff from developments. Particularly in the new development areas, the amount of
soft/permeable surfaces is an integral part of the stormwater management for the area.
And on-street parking is operationally unacceptable for snow plowing.
The City recognizes competing interests of the City departments, and the challenges of
residents that do not have sufficient space to park their vehicles. A City working group,
comprising staff from the Office of the CAO, City Development, Engineering Services,
Municipal Law Enforcement Services, and Operations, is reviewing approaches to
accommodate more off-street parking in the neighbourhoods. This may include
removing restrictions on widening driveways in certain areas, reducing minimum front
yard landscape requirements, and/or permitting a car to park parallel to the street on the
driveway apron as a legal parking spot. Other approaches being examined in newer
areas is to provide public parking within neighbourhood parks and allow paid overnight
resident parking.
It is anticipated that there will be different approaches in different neighbourhoods, or
parts of neighbourhoods. This work will continue concurrent with the next phase of the
Zoning Review, and will include public consultation. Subject to the timing of this
outcome, the results of the review of driveway widenings will either be incorporated into
the final consolidated by-law, or will be an amendment to the by-law adopted by Council
at a subsequent date.
2.3.2 Zoning provisions for Additional Dwelling Units is currently under study
An additional dwelling unit (ADU) is a self-contained residential unit in a house, or
building accessory to a principal dwelling. Provincial Bills 109 and 23 have implemented
changes to the Planning Act to further support the construction of additional dwelling
units. Changes include: requiring municipalities to permit ADUs in a detached,
PLN 24-23 June 5, 2023
Subject: Consolidated Zoning By-law Review Page 4
Phase 2, Status Update on Public Consultation
semi-detached, and row house dwelling; requiring municipalities to permit up to two
ADUs on a lot for a total of three units per lot; allowing municipalities to permit one ADU
in an accessory building; prohibiting municipalities from setting a minimum floor area for
ADUs; and prohibiting municipalities from requiring more than one additional parking
space for each ADU.
Currently, the draft Zoning By-law permits a maximum of two ADUs in a detached,
semi-detached and street townhouse dwelling, subject to certain zoning provisions.
These permissions and provisions were based on best practices, and the legislation in
place at the time. In response to the Planning Act changes, staff recently reported to the
Planning & Development Committee (Information Report 05-23) on City initiated
applications for changes to Official Plan policy and Zoning By-law regulations for
additional dwelling units. Zoning permissions and provisions for ADUs that emerge from
this recent work will be integrated into the third draft Zoning By-law, or a subsequent
amendment to the future Council adopted by-law.
2.3.3 A licensing and zoning strategy for Short Term Rentals is being considered
Report LEG 03-23 informed Council of the need for a comprehensive approach to
regulating short term rentals (STRs) using both zoning by-law provisions and a new
licensing by-law.
The current draft of the Consolidated Zoning By-law uses the term “short term rental”
but does not define the term. It also identifies short term rental as a permitted use in a
Mixed Use General zone. No comments were made on short term rentals during the
consultation on the first draft Consolidated By-law.
The second draft of the By-law will provide a definition of a short term rental and will be
part of the consultation on the By-law. Additional consultation focused on STRs will also
take place. Elements under consideration for inclusion in the definition and zoning
provisions are:
• a short term rental is located in a dwelling unit that is a principal residence of the
person/persons operating and residing in the short term rental;
• limits on the length of rental period; and maximum combined days per calendar year;
the short term rental can be used to provide temporary accommodation;
• appropriate zoning categories where a short term rental is a permitted use; and
• the operation of a short term rental cannot change the external appearance of a
dwelling unit or contribute to adverse effects from excessive traffic, parking, noise
and hours of operation.
Recently, Municipal Law Enforcement Services (MLES) updated fines under the Noise
Control By-law and created a special fine which may exceed $100,000 for violations
resulting from an income generating property or use. The Nuisance By-law has also
been updated, creating numerous new offences that can be used to regulate issues that
may be caused by problem STRs. MLES will continue to monitor the effect of these
stronger by-laws, while investigating further a licensing By-law for STRs.
PLN 24-23 June 5, 2023
Subject: Consolidated Zoning By-law Review Page 5
Phase 2, Status Update on Public Consultation
The final zoning provisions for STRs will be incorporated in the third draft of the
Consolidated By-law when it is forwarded to Council for consideration, or they will be an
amendment to the Council adopted zoning by-law. STRs must be a permitted use in the
zoning by-law, prior to a licensing by-law and other necessary administrative controls
can be brought forward.
3.Next steps
The second draft Consolidated Zoning By-law is scheduled to be available through the
Let’s Talk Pickering site in June. Staff will continue to engage the public and
stakeholders through providing information on the City’s website, scheduling open
houses, and meeting with specific stakeholders as requested. Comments received
during this time will inform the preparation of a third, and final, draft Consolidated
Zoning By-law. The third draft Zoning By-law and a staff recommendation report is
scheduled to be presented to Planning & Development Committee in fall/winter 2023.
Attachment:
1. Report PLN 03-22, January 10, 2022, Comprehensive Zoning By-law Review, Phase 2 –
Status Update and First Draft of the Zoning By-law
Prepared By:
Mimi Lau
Senior Planner
Deborah Wylie, MCIP, RPP
Manager, Zoning & Administration
Approved/Endorsed By:
Catherine Rose, MCIP, RPP
Chief Planner
Kyle Bentley, P. Eng.
Director, City Development & CBO
ML:DW :ld
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By
Original Signed By
Original Signed By
Original Signed By
Original Signed By
Attachment #1 to Report PLN 24-23
Report to
Planning & Development Committee
Report Number: PLN 03-22
Date: January 10, 2022
From: Kyle Bentley
Director, City Development & CBO
Subject: Comprehensive Zoning By-law Review
Phase 2, Status Update and First Draft of the Zoning By-law
-File: D-1100-101
Recommendation:
1.That Report PLN 03-22 of the Director, City Development & CBO, providing an update on
the status of the City of Pickering Comprehensive Zoning By-law Review, be received for
information.
Executive Summary: The first draft of the new City wide Zoning By-law, along with a
sample interactive zoning map, will be available in the first quarter of 2022 for review and
comment on the City’s Let’s Talk digital platform. This first draft will be the parent part of the
By-law containing definitions, general regulations, establishment of zoning categories and their
regulations, and parking regulations. Site specific exceptions and a full interactive map will be
available through later drafts of the By-law.
To assist in reviewing and commenting on the first draft Zoning By-law, there will be brief
explanations of how certain matters are addressed by the By-law and how to determine the
zoning of properties. Also through Let’s Talk, staff will provide answers to submitted questions,
continue targeted community engagement and consultation, and provide updates on the
Zoning Review. The draft Zoning By-law text and zoning schedules will be compliant with the
Accessibility for Ontarians with Disabilities Act.
Staff is recommending that Council receive for information Report PLN 03-22 providing an
update on the status of the City of Pickering Comprehensive Zoning By-law Review.
Financial Implications: There are no financial implications applicable to this report.
1. Discussion:
1.1 Guiding principles developed in Phase 1 of the Zoning Review were used to
prepare the first draft of the City wide Zoning By-law
In early 2021, staff reported to Council on comments received from the public and
stakeholders, and on the details of the findings of the discussion papers prepared as
part of Phase 1 of the Comprehensive Zoning By-law Review (the Zoning Review). The
purpose of the Zoning Review is to consolidate and update Pickering’s existing 6 parent
Report PLN 03-22 January 10, 2022
Subject: Comprehensive Zoning By-law Review Page 2
Zoning By-laws 2511, 2520, 3036, 3037, 7364/14 and 7553/17. The discussion papers
provided an overview of the following: the relevant provisions in each of the existing
parent Zoning By-laws; an analysis of how the existing zoning relates to planning
policies and legislation at the local, regional, and provincial levels; and a discussion of
recent best practices in other Ontario municipalities. Each paper concludes with the
identification and assessment of key policy gaps and issues, and proposes a general
structure of zoning categories and provisions.
1.2 A draft Zoning By-law for the City is available for review and comment
Through the Let’s Talk Pickering platform, the community will be able to view the first
draft of the Zoning By-law text and the sample interactive mapping tool, and submit
comments. To assist, there will be brief explanations of how certain matters are
addressed by the By-law and how to determine the zoning of properties. Also through
Let’s Talk, staff will provide answers to submitted questions, continue targeted
community engagement and consultation, and provide updates on the Zoning Review.
The draft Zoning By-law text and zoning schedules will meet the accessibility
requirements of the Accessibility for Ontarians with Disabilities Act.
When completed, the new City wide draft By-law will implement Official Plan policy,
replace and update definitions and provisions, amalgamate site specific provisions,
contain explanatory illustrations and notations, and allow more consistent interpretations
of zoning provisions. The new City wide Zoning By-law and interactive mapping will be
available on the City’s website and will be updated as new by-law amendments are
adopted by City Council.
1.3 The formats of the more recently written Seaton and City Centre Zoning By-laws
were used for the preparation of the first draft of the City wide Zoning By-law
Zoning by-laws typically contain a number of main sections that apply to all zone
categories, including administration, general regulation, definitions, and parking
regulation. By-laws also include sections for specific zone categories, including
residential, mixed use, employment, community use, utility, and natural heritage. Also
included in zoning by-laws is a visual representation of the various zoning categories
and how they apply to properties within the municipality. These maps are referred to as
zoning schedules. The format of the new consolidated Zoning By-law will contain similar
sections and mapping.
Currently, there are 6 parent Zoning By-laws that govern the zoning of specific areas of
the City. The existing Zoning By-laws include:
• Zoning By-law 2511 – Frenchman’s Bay Area;
• Zoning By-law 2520 – Bay Ridges Area;
• Zoning By-law 3037 – Rural Area;
• Zoning By-law 7364/14 – Seaton Urban Area;
• Zoning By-law 7553/17 – City Centre; and
• Zoning By-law 3036 – covers the remaining urban area.
Report PLN 03-22 January 10, 2022
Subject: Comprehensive Zoning By-law Review Page 3
The purpose of the Zoning Review is to consolidate, harmonize, and update the
administration, general regulations, definitions, parking regulations and zoning
categories and their regulations sections from the six parent By-laws and create one
zoning document that covers the entire City.
The residential, commercial, mixed-use, employment, environmental, open space, rural,
and institutional zoning categories and regulations from the existing parent By-laws
have been consolidated, renamed, and updated in the draft By-law. The City Centre
zoning categories have been carried forward into the draft By-law and appear in a
separate section. The Seaton Zoning By-law, along with recent Council adopted
amendments, has also been carried forward into the draft By-law in its entirety.
The sections of the first draft Zoning By-law are as follows:
• Administration;
• Establishment of Zones and Schedules;
• Definitions;
• General Regulations;
• Parking, Stacking, and Loading Regulations;
• Residential Zone Regulations;
• Commercial and Mixed-Use Zone Regulations;
• Employment Zone Regulations;
• City Centre Zone Regulations;
• Environmental Protection and Open Space Zone Regulations;
• Rural and Oak Ridges Moraine Zone Regulations;
• Institutional and Other (Urban Reserve and Utility Zones) Zone Regulations;
• Seaton Urban Area;
• Exceptions Zone; and
• Zoning Schedules.
1.4 Existing conditions and transition provisions are addressed in the Administration
section
New structures and uses will be required to conform to the new City wide Zoning By-law
once it is adopted by City Council, subject to the resolution of any appeals of the new
By-law. However, as the intent of the new Zoning By-law is to consolidate existing
zoning categories and provisions, the Administration section contains provisions
allowing any existing use or structure, that is in conformity with the previous in-force
parent Zoning By-laws, to continue.
The Administration section also contains transition provisions that allow minor variance,
site plan, and building permit applications that were submitted prior to the passing of the
new City wide Zoning By-law (and that comply with all zoning by-laws in force at the
time of application submission), to continue to be processed. The intent is to recognize
previous planning approvals obtained in accordance with the existing Zoning By-laws,
and to allow for the issuance of a building permit without further amendment to the new
City wide Zoning By-law.
Report PLN 03-22 January 10, 2022
Subject: Comprehensive Zoning By-law Review Page 4
1.5 Definitions and general provisions are harmonized across the City
Definitions, definition names, and zoning provisions have been consolidated and
updated to reflect contemporary planning practice, and market and development trends.
A few of the updated and new definitions included in the new draft Zoning By-law
include active recreational use, agri-tourism, cannabis cultivation, grade or average
grade, group home, and seasonal farm help dwelling.
1.6 The first draft of the new draft Zoning By-law includes updated definitions and
provisions addressing matters such as secondary suites, and agricultural related
uses
Bill 108, the More Homes, More Choices Act, allows secondary suites in detached,
semi-detached, and row houses, within primary dwellings and ancillary buildings, or
structures such as coach houses and laneway houses. The different names and
definitions used in the existing parent By-laws have been harmonized in the draft
Zoning By-law to ensure conformity with the Planning Act, consistency throughout the
draft By-law, and to encourage a greater range of housing options within the City.
Provincial policies and guidelines encouraging expansion to the range of uses permitted
in the agricultural areas are reflected in the draft By-law through new and updated
definitions and regulations for agricultural uses.
1.7 While existing zoning categories were collapsed into new zoning categories, the
intent is to maintain existing zoning permissions
A review of each of the existing parent By-laws found that the By-laws did not use the
same zones to categorize uses and development standards, presenting a challenge in
consolidating the parent By-laws. A detailed analysis was undertaken of the existing
zoning categories for each type of use, the minor variances approved, and the
numerous site specific by-law amendments adopted over the years, to identify the
similarities and differences between zones within the various land uses. The discussion
papers discussed how the zones could be collapsed or eliminated, while maintaining the
existing zoning permissions.
The draft By-law contains streamlined zoning categories that conform with the Official
Plan, while providing consistency across the City and continuity for residents and the
development proponents. An objective of the Zoning Review was to retain the general
intent of the existing parent By-laws, while ensuring that current zoning permissions
were maintained. In many zone categories, the zoning permissions were expanded. A
concordance table identifying how the existing zone categories are collapsed into new
zone categories will be available on the Let’s Talk Pickering project site.
Report PLN 03-22 January 10, 2022
Subject: Comprehensive Zoning By-law Review Page 5
1.8 Parking provisions have been updated using a consolidation of Seaton and City
Centre provisions and best practices
The parking and loading provisions of the draft By-law have been updated to incorporate
the modern aspects of the City Centre and Seaton By-laws, and best practices. This
effectively introduces a zoning approach that better aligns with City, Regional, and
Provincial policy for reducing automobile dependence, and increasing transit use. This
approach includes aligning parking requirements across land uses, providing parking
requirements where missing, applying consistent visitor parking requirements,
expanding minimum dimensions for interior garage space, and implementing shared
parking City wide.
1.9 The existing Seaton Zoning By-law 7364/14 is consolidated in the draft By-law as
its own chapter
The Seaton Zoning By-law is its own chapter, with its own definitions and general
provisions. It remains mostly unchanged, with the exception of reflecting recent
amendments adopted by City Council, and the removal of the administration section,
which has been harmonized with the administration section for the overall draft By-law.
1.10 The by-law implementing the Kingston Road Corridor and Specialty Retailing
Node and Intensification Study will be reflected in a future draft of the By-law
The first draft of the draft By-law does not reflect the Kingston Road Corridor and
Specialty Retailing Node and Intensification Study. However, the Council adopted
implementing by-law will be reflected in a future draft of the By-law.
1.11 The second draft of the draft By-law will incorporate a review of all existing
site-specific zoning by-law amendments
A detailed review of the numerous site specific amendments is ongoing. Any existing
site specific amendments, which will be permitted as of right (as a result of the new
provisions and zoning categories of the draft By-law), will be deleted. For those site
specific amendments that will not be permitted as of right, the site specific provisions
will be carried forward into the new By-law.
1.12 Mapping is designed to be interactive, user friendly, and accessible
An important outcome of the Zoning Review will be that both the new By-law text and
mapping will be available through the City’s website for staff and the public to access.
Paper copies of the By-law will also be available. The sample mapping that will be
available on the Let’s Talk site, along with the first draft of the By-law, will allow the
public and stakeholders to try out and comment on interactive mapping. The final
By-law will contain mapping that includes an overall index map and coloured zone
maps. Overlays will be used to identify other information that may affect what can
happen on a property such as Oak Ridges Moraine, Minister’s Zoning Orders, and
conservation authority regulated areas.
Report PLN 03-22 January 10, 2022
Subject: Comprehensive Zoning By-law Review Page 6
The intention is also to make the new Zoning By-law more visually appealing with the
addition of graphics and illustrations, which will be included in the second draft of the
draft By-law.
2. Next steps
The first draft of the By-law will be available through Let’s Talk Pickering on the City’s
website for the first quarter of 2022. During this time, staff will engage with the public
and other stakeholders through open houses and meetings with specific stakeholders.
Comments received during this time will inform the preparation of a second draft By-law.
The second draft By-law will also be made available on the Let’s Talk Pickering site for
further comment and will contain site specific exceptions and full interactive mapping.
Prepared By:
Original Signed By
Deborah Wylie, MCIP, RPP
Manager, Zoning & Administration
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
DW :ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer