HomeMy WebLinkAboutInformation Report 12-13 ei o0 fit` Information Report to
Planning & Development Committee
ICKERING
•
Report Number:1.2-13
Date: December 2, 2013
From: Catherine Rose
Chief Planner
Subject: Official Plan Amendment Application OPA 13-002/P
Amendment 23 to the Pickering Official Plan
Informational Revision 23 to the Pickering Official Plan
City - Initiated
Official Plan Review:, Planning Tools for Sustainable Placemaking
1. Purpose of this Report
The purpose of this report is to provide preliminary information on a City initiated
official plan amendment application. This report contains background information
on the existing Official Plan and the rationale for the proposed amendment.
This report is intended to assist members of the public and other interested
stakeholders to understand the proposal. Planning & Development Committee
will hear public delegations on the application, ask questions of clarification and
identify any planning matters. This report is to be received and no decision is to
be made at this time. Staff will bring forward a recommendation report for
consideration by the Planning & Development Committee upon completion of a
review of the comments received and revisions to the amendment where
appropriate.
2. What is "Sustainable Placemaking"?
As one of the five corporate priorities of the City of Pickering, Sustainable
Placemaking is described as a process to improve the long-term social/cultural,
environmental and economic health of the City and it involves two interrelated
components:
• building a sustainable city, and
• living and working in a sustainable city
A"place" in the context of this report and the associated Official Plan Amendment
can refer to the entire City, or one or more elements of the City, such as a main
street, a building, a public park or square, a forest, a valley, or a hilltop.
A"sustainable" place is typically characterized by the followin g q ualities:
resilience, adaptability, functionality, attractiveness and environmentally friendly.
• resilience speaks to durability
• adaptability refers to the ability to adjust or adapt to changing demands
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Information Report No.12-13 Page 2
• functionality captures aspects such as usability (practicality), connectivity,
access and convenience of space
• attractiveness speaks to aesthetics, spaces that appeal to the eye and
senses, and to places that are well maintained
• environmentally friendly talks about spaces with a reduced carbon footprint
whether by low impact development techniques or environmental friendly
design, such as increased tree canopy and green roofs
The creation of sustainable places requires the participation of the City, public
agencies, the community and the private sector—they are all active participants
in building a sustainable city.
The City's role in Sustainable Placemaking requires the creation of a planning
policy environment that promotes and requires planning decisions and
implementation in support of Sustainable Placemaking.
3. What is the City proposing?
The City is proposing to change its Official Plan by introducing new policies, and
changing existing policies to strengthen the Plan's policy foundation for
Sustainable Placemaking. The new policies will apply to the entire City.
The proposed policy changes are identified in Appendix I: Proposed
Amendment 23 to the Pickering Official Plan.
Related changes to the informational text are identified in Appendix II: Proposed
Informational Revision 20 to the Pickering Official Plan.
' 4. What does the Amendment do?
About 20 different policy sections of the Plan are proposed to be amended to add
enabling policies for Sustainable Placemaking that allow the City to use new
planning and development controls. The changes primarily affect the Chapters
of the Plan dealing with Community Design, Detailed Design Considerations,
Implementation and Development Review.
More specifically, these changes introduce or revise policies as follows:
• better describing the broad scope and role of site plan control in shaping the
City's image
• enabling the City to request and consider, through the site plan control
process, matters related to exterior design, such as building articulation,
materials and massing, sustainable design, as well as sustainable design
elements on any boulevard of an adjoining public road
• enabling the City, through the plan of subdivision approval process, to
consider the extent to which the plan's design optimizes the available supply,
efficient use and conservation of energy
• promoting development that is designed to be sustainable, supportive of
public transit and pedestrian friendly
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Information Report No.12-13 Page 3
• adding "facilities designed to have regard for accessibility for persons with
disabilities" to the list of matters that may be considered through site plan
control
• adding definitions for the following terms: Adaptation, Climate Change, Green
Development, Green Technologies, Heat Island, Placemaking, Renewable
Energy Systems, Sustainable Design and Urban Forest
• promoting the use of green technologies in the design of community facilities
and infrastructure
• encouraging the central production and distribution of energy and the use or
renewable energy systems
• protecting, maintaining and expanding the Urban Forest
• emphasizing the importance of energy conservation and efficiency, adaptation
of buildings and infrastructure, and the reduction of greenhouse gas
emissions to address the adverse impacts of climate change
• enabling the City to authorize an increase in the height of a building than
would otherwise be permitted, in return for the provision specified facilities or
services
• providing more development review criteria in considering the eligibility of a
project for a density or height bonus
• adding a "place-holder" policy should the City wish to consider establishing a
Development Permit System for a specific area
• expanding the scope of Community Improvement Plans
• • enabling upper tier municipalities to participate in area municipal Community
Improvement Plans and vice versa
• updating the timing and scope for official plan reviews
• updating the requirement for planning decisions to "be consistent with" the
Provincial Policy Statement(PPS), 2005 whereas previously, decisions had to
"have regard to" the PPS
5. What does the Informational Revision do?
The informational revision provides new sections or changes existing sections of
the informational text. The informational text helps the reader better understand
the policy context.
The changes to existing informational text consist of the following:
• expanding the scope of the Principles for Growth and Development
(Chapter 1) and the City's Land Use Strategy (Chapter 3) to include aspects
such as the promotion of a mixture of land uses and development that is
designed to be sustainable, transit supportive, pedestrian friendly and
accessible to persons with disabilities
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Information Report No.12-13 Page 4
• adding sidebars for the new City policies on Climate Change and
Development Permit System
• adding an informational text box that elaborates on the term "adaptation" in
relation to the new City policy on climate change
• adding an informational text box `regarding the achievement of.the minimum
rating level of the City's Draft Sustainable Development Guidelines as it
relates to the City's revised policy on development and subdivision design;
and
• adding an informational text box to emphasize the relationship between the
design policies and guidelines in the Official Plan and the exterior design and
sustainable design features of a development
6. Why is the amendment being done now?
"Sustainability" was identified as one of a number of topics to be addressed
through the City's work program for the Pickering Official Plan Review. An
overview of the status of the Review is provided as Attachment#1 to Information
Report Number 12-13.
At the same time as the City was commencing its Sustainable Journey, the
Province:
• released a new Provincial Policy Statement (PPS) in 2005, which contained a
more robust set of policies on matters such as building stronger and healthier
communities, protecting employment lands, energy conservation, air quality
and the wise use and management of resources
• enacted The Planning and Conservation Land Statute Law Amendment Act,
2006 (Bill 51), which introduced changes to the Planning Act including
additional planning and development control tools for municipalities related to
site plan control, sustainable development, energy conservation and
efficiency and climate change
Staff has had challenges completing the official plan review against other high
priority matters such as Seaton. However, the time elapsed has helped provide
experience to staff and Council in working with the development industry and
other agencies to achieve sustainable development. Staff has also had the
benefits of working with its Sustainable Development Guidelines, the Seaton
Sustainable Placemaking Guidelines and the City's Measuring Sustainability
Report. This experience has been used in the preparation of the proposed policy
changes.
As background to the Amendment, staff prepared a detailed policy discussion on
the existing Official Plan policy and analyzed it against the Planning Act changes.
Staff also researched the policies of other municipalities and their experience in
implementing the,Planning Act changes. These documents are provided as
Appendices III and IV to this Information Report (see Appendix III: Discussion
and Rationale for Proposed.Amendment 23; and Appendix IV: Research on
Policy Experience of Other Municipalities).
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Information Report No.12-13 Page 5
Staff presented the key components of the proposed Amendment to the
Sustainable Pickering Advisory Committee in July 2013. The Committee was
generally satisfied with the recommendations of Staff. Accordingly, staff finalized
the proposed Amendment and are now releasing it for comment.
7. What notice was given?
In addition to the standard departments and agencies, written notice of both the
Open House and the Statutory Public Meeting was provided to all those
individuals or organizations that asked to be notified of matters related to the
Pickering Official Plan Review.
In addition, the notice was posted on the City's website, and an advertisement
appeared in the local newspaper. To date, no comments have been received.
8. Planning & Design Comments
The proposed policies would be implemented through other planning processes
and instruments such as zoning, site plan control, and subdivision approval.
These planning tools, if properly implemented, should improve built form, make
development more sustainable, create a stronger city identity, and make
Pickering a more resilient and healthier place to live, work and enjoy.
The proposed official plan policies complement and augment the corporate vision
of Sustainable Placemaking —to transform the municipality from a suburban
community to a sustainable city.
The new Planning Act provisions for Site Plan Control require not only the
enabling policies to be added to the Official Plan, but also to the Site Plan Control
By-law. Staff will propose revisions to the Site Plan Control By-law with the
recommendation on Amendment 23.
9. Procedural Information
•9.1 General
• written comments regarding this proposal should be directed to the City
Development Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report
prepared by the City Development Department for a subsequent meeting of
Council or a Committee of Council
• any member of the public who wishes to reserve the option to appeal
Council's decision must provide comments to the City before Council adopts
any by-law for this proposal
• any member of the public who wishes to be notified of Council's decision
regarding this proposal must request such in writing to the City Clerk
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Information Report No.12-13 Page 6
9.2 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 riot exhibit matters of Regional and/or Provincial interest
• at this time, the Region has not yet determined whether this official plan
amendment application is exempt from Regional Approval
Appendices
Appendix I Proposed Amendment 23 to the Pickering Official Plan
Appendix II Proposed Informational Revision 20 to the Pickering Official Plan
Appendix III Discussion and Rationale for Proposed Amendment 23
Appendix IV Research on Policy Experience of Other Municipalities
Attachment
1. Update on the Pickering Official Plan Review Process
Prepared By: Approved/Endorsed By:
Dean Jacobs Catherine Rose, MCIP, RPP
Principal Planner- Policy Chief Planner
DJ:jf .
Attachments
Date of Report: November 13, 2013
Copy: Director, City Development
21
Appendix Ito
Information Report Number 12-13.
Proposed Amendment 23 to the Pickering Official Plan
•
22
*Proposed Amendment 23 to the Pickering Official Plan
•
Purpose: The City is proposing to change its Official Plan by
introducing new policies and changing existing policies that
will strengthen the Plan's policy foundation for sustainable
placemaking on aspects such as Site Plan Control;
sustainable development; energy conservation and
efficiency; the Urban Forest; climate change; Community.
Improvement Plans; height and density zoning; and other
housekeeping items.
The amendment also includes the introduction of definitions
for the terms "Adaptation", "Climate Change", "Green
Development", "Green Technologies", "Heat Island",
"Placemaking", "Renewable Energy Systems", "Sustainable
Design" and "Urban Forest".
Location: This amendment is to apply to all lands within the •
municipality of the City of Pickering.
Basis: On January 1, 2007 the Planning and Conservation Land
Statute Law Amendment Act, 2006 (Bill 51) came into effect,
amending the Planning Act. The amendments to the
Planning Act provide area municipalities in Ontario with
additional planning and development control tools to use in
the land use planning process, and to help create more
environmentally sustainable, vibrant, and healthy
communities.
The current Provincial Policy Statement (PPS) that came into
effect on March 1, 2005 strengthened policies on energy
conservation, air quality, and the wise use and management
of resources. The PPS provided a proper foundation for the
introduction and implementation of Bill 51.
•
•
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Proposed Amendment 23 to the Pickering Official Plan Page 2
Proposed The City of Pickering Official Plan is hereby amended by:
Amendment: (New Text Shown as Underlined Text, Deleted Text Shown
as Strikeout Text, Retained Text Shown as Unchanged Text)
1.0 Amending the text of the Official Plan by:
1.1 Revising policy 1.1, Provincial Policy Statement, in
Chapter One—The Guiding Principles, to read as
follows:
"City Council shall, in making decisions and
undertaking actions on land use planning, have-regard
to be consistent with the Provincial Policy Statement on
, as amended from time to time.
1.2 Revising policy 3.2, Land Use Objectives, in Chapter
Three—Land Use by adding a new sub-section (d)
as follows and re-numberin g subsequent subse uent sub-
sections:
"(d) promote a land use pattern in urban areas in
support of compact urban form, active
transportation, placemaking, public transit and
energy conservation;"
1.3 Revising policy 7.2, Community Services Objectives,
in Chapter Seven—Community Services, by deleting
the word `and'at the end of sub-section (e), by adding
a new sub-section(e) as follows, and re-numbering
the subsequent sub-sections:
"(ea promote the use of green technologies and
renewable energy systems in the design of
community facilities and associated
infrastructure, including the retrofit of facilities to
reduce greenhouse gas emissions and to assist in
addressing the potential adverse environmental
impacts of climate change;"
1.4 Revising policy 7.10, Infrastructure, in Chapter Seven
—Community services, by deleting the word "and" at
the end of sub-section (e) (ii), and adding a new sub-
. section (iii) to read as follows:
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Proposed Amendment 23 to The Pickering Official Plan Page 3
"(iii) encourages the use of green technologies in
support of energy.efficiency, waste 'reduction and
improved air quality; and,"
1.5 Revising policy 10.9, Water and Energy
Conservation, in Chapter Ten— Resource
Management, by deleting the word "and"at the end
of sub-section (c), revising sub-section (b), a nd
• adding new sub-sections (e) and (f) as follows:
"(b) encourage the maintenance or establishment of
tree cover which provides winter shelter and
summer shading, reduces the heat island effect,
and reduces stormwater run-off;
(c)
• (d)
(e) encourage the central production and
distribution of heating or cooling, such as
district energy, in order to reduce greenhouse gas
emissions and to improve the efficiency of energy
generation and transportation;and
. o encourage the use of renewable energy systems
in accordance with federal and provincial
• requirements and in a manner that is compatible
with the natural environment and surrounding
land uses.
1.6 Adding a new policy 10.13, Urban Forest, in Chapter
Ten — Resource Management as follows, and
re-numbering the subsequent sections:
"10.13 City Council recognizes the importance of the
urban forest in maintaining a healthy ecosystem,
managing stormwater, providing wildlife habitat
and community aesthetics, reducing the urban
heat island effect and improving air quality;.
accordingly Council shall,
(a) develop and implement an Urban Forest
Management Plan to protect, restore,
manage, and expand the urban forest,
which Plan shall contain goals and
• • strategies that include as a minimum the
following:
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Proposed Amendment 23 to the Pickering Official Plan Page 4
• al develop and implement. in
collaboration with conservation
authorities, an invasive species
management strategy to address
threats posed by invasive pests,
diseases and plants;
(ii) identify where tree planting efforts
should be prioritized by conducting
a thermal mapping analysis of
"hot-spots";
(iii) require the planting of native or non-
• native non-invasive tree species and
vegetation that are resilient to
climate change and provide high
levels of carbon sequestration;
(iv) protect against the removal of
mature and undamaged trees that
are worthy of preservation;and
(v) require compensation in the form of
on-site or off-site tree planting or
alternative methods of
compensation, where trees are
removed."
. 1.7 Adding a new policy 10.23, Climate Change, in
Chapter Ten— Resource Management, as follows:
"10.23 City Council recognizes that energy conservation
and efficiency efforts, the adaptation of buildings,
infrastructure and site development to be more
resilient to severe weather, and the reduction of
greenhouse gas emissions will assist in addressing
potential adverse environmental impacts of climate.
change; accordingly, Council shall identify and
introduce mitigation and adaptation strategies to
reduce the environmental, social and economic
effects of predicted climate change and severe
weather events on the community, which may
include the preparation of a Climate Change
Management Plan."
1.8 Revising policy 13.2, Community Image, in Chapter
Thirteen— Detailed Design Considerations, by
deleting the word "and" at the end of sub-section (d),
adding the word "and" at the end of sub-section (e),
and adding a new sub-section (f) to read as follows:
•
I •
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Proposed Amendment 23 to The Pickering Official Plan Page 5
"(f) require all new public and private sector
development at the Highway 401 and 407
interchanges to exhibit a high standard of
architecture and urban design, in order to
provide attractive gateways into and exits from
the City and to take advantage of these locations
with high visibility;"
1.9 Revising policy 13.3, Corporate Initiatives, in Chapter
Thirteen— Detailed Design Considerations, by
• deleting the word "and"at the end of sub-section (c),
and adding new sub-sections (e) and (f) to read as
follows:. •
"(e) in the design of city owned properties and
facilities, 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;and
.a collaborate with other levels of government, other
municipalities, institutions, community groups,
and local businesses to develop programs to
improve air quality, to reduce greenhouse gas
• emissions and use energy more efficiently."
1.10 Revise policy 13.5, Development and Subdivision
Design, in Chapter 13— Detailed Design
Considerations by deleting the word "and"at the end
of sub-section (g), and adding a new sub-section (i)
to read as follows:
"al require the implementation of green development
standards in development and subdivision design, .
including but not limited to the following:
e incorporating Low Impact Development
(LID) techniques such as bio-swales,rain
barrels,and perforated pipe systems;
e orienting lots and homes to maximize
• energy efficiency and conservation;and
•
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Proposed Amendment 23 to The Pickering Official Plan Page 6
• increasing the tree canopy through tree
planting programs to promote bio-
diversity, improve air quality, and reduce
• the urban heat island effect."
• 1.11 Revising policy 13.8, Streetscapes, in Chapter
Thirteen—Detailed Design Considerations, by revising
sub-sections (e), (g), (i), (k), and (m) so that they
•read as follows:
"(e) require encourage the partial vertical screening of
surface parking lots through the use of low
•
fences,walls and or landscape elements;
• (g) require support the provision of adequate weather
protection, seating, visibility and lighting at
transit stops on major roads;
• (i) require eeeeur$ge the provision of secure bicycle
parking facilities on public City streets, at bus
• terminals, transit stations, GO stations and near
building entrances to buildings that are
important destinations,such as retail commercial
buildings, and community or cultural facilities;
(k) require encourage the planning and design of
roads such that the placement of underground'
utilities supports the planting of trees and other
large scale planting material;
(m) require encourage the design of streetscaping
elements to support on-street parking in certain
areas of the City that,are characterized by high
pedestrian and commercial activity, to reduce
vehicle speeds and to serve as a protective buffer
between pedestrians and moving vehicles;"
1.12 Revising policy 13.10, Design of Buildings, in
Chapter Thirteen —Detailed Design Considerations,
by revising sub-sections (b), (c), (d), (f), (h) and (j) so
that they read as follows:
•
"(b) where groupings of buildings are proposed,
require eneeurage built forms, massing and
architectural details treatments that create
cohesive and unified developments, and are
architecturally compatible with each other and
surrounding areas;
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Proposed Amendment 23 to The Pickering Official Plan Page 7
(c) where new development is proposed within an
existing neighbourhood or established area,
require eneourage building designs that reinforce
and complement existing built patterns such as
form, massing, height, proportion, position
relative to street, and building area to site area
ratios;
(d) require encourage designs that present
continuous building facades along major streets
and express design elements such as floor and
ceiling levels, window heights, columns and
internal divisions, to assist in defining human
scale and providing visual interest;
• (f) require encourage the orientation of the main
front entrances" to commercial, industrial,
apartment and public buildings towards the street
whenever possible, and to be visible from main
pedestrian routes and vehicular approaches;
(h) require encourage the height, form, massing and
• articulation of the facade of new buildings to
reflect its "position" or significance on the street
(for example; designing a commercial building
that capitalizes on special opportunities provided
at street corners or at the end of a view corridor);
(j) require encourage—the incorporation of bicycle
storage areas in high density residential,
commercial and major industrial buildings and
• • sites;"
1.13 Revising policy 13.10, Design of Buildings, in
Chapter Thirteen — Detailed Design Considerations,
by adding new sub-sections (o) and (p) to read as
follows:
"Co). encourage the implementation of green
development standards in the design of
buildings,including but not limited to the
following:
• incorporating energy efficiency and
alternative or renewable energy resources
(such as solar panels) to reduce energy
• demand;
• installing green or white roofs to improve
energy efficiency in buildings,
stormwater absorption and quality,and to
reduce urban heat island effects;
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Proposed Amendment 23 to The Pickering Official.Plan Page 8
• • installing bird-friendly glazing to prevent
potentially fatal collisions with windows;
• using non-toxic and recycled content
building products;and
• orienting buildings to maximize the use
of natural sunlight;and
•
(p) encourage development to design and certify
new buildings to LEED® Silver, Gold or
Platinum standards,or alternative equivalent."
1.14 Revising policy 13.15, Signage, in Chapter Thirteen —
Detailed Design Considerations, by revising sub-
section (a) so that it reads as follows:
"(a) require eneourage the design of signs to be used
to add colour and enhance the appeal of -
developments,and to integrate with the
architectural design of buildings,business
in order to contribute
to the overall visual quality of the built
environment;"
1.15 Revising policy 14.8, Official Plan Management, in
Chapter Fourteen— Implementation, by revising sub-
. section (a) so that it reads as follows:
"(a) . . - - - . . at
least every five years, review its official plan as
required ,to ensure that it
conforms with Provincial Plans, has regard to
matters of Provincial interest and is consistent
with the Provincial Policy statement, and may
do so at any time earlier if warranted;"
1.16 - Adding definitions for the terms "Adaptation
"Climate Change", "Green Development", "Green
Technologies", "Heat Island", "Placemaking",
"Renewable Energy Systems", "Sustainable Design
and "Urban Forest" in alphabetic order to a-new
policy 14.15, Glossary, in Chapter Fourteen —
Implementation, as follows:
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Proposed Amendment 23 to The Pickering Official Plan Page 9
"Adaptation means adjustment to actual or predicted
climatic changes in a manner that reduces harm.
Adaptation can be proactive (take place before impacts
are observed), spontaneous (triggered by ecological
changes), and planned (deliberate decisions based on
awareness that conditions have changed or are about to
change and that action is required).
Climate Change refers to any change in climate over
time whether due to natural variability or as a result of
human activity.
Green Development refers to development that reduces
growth's dependence on resource use, carbon
emissions and environmental damage, and includes the
incorporation of technologies and practices that
maximize the natural infiltration and retention of
storm-
tor water through site development:
Green Technologies means technology that is
considered environmentally friendly, and often involve
energy efficiency, recycling, safety and health concerns
and renewable energy resources.
Heat Island means an area, such as a city or industrial
site, having consistently higher temperatures than
surrounding areas because of a greater retention of
heat, as by buildings,concrete,and asphalt.
Placemaking is an urban design process aimed at
creating communities that offer a distinct character, a
strong sense of community, a context for healthy
lifestyles and a high quality of life.
Renewable Energy Systems means the production of
electrical power from an energy source that is renewed
by natural processes including,but not limited to,wind,
water, a biomass resource•or product, or solar and
geothermal energy.
Sustainable Design involves the practices, processes
and principles of designing, constructing and operating
buildings, objects, sites and, areas incorporating the
values of ecological, social, cultural and economic
sustainability.
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Proposed Amendment 23 to The Pickering Official Plan • Page 10
•
Urban Forest refers to the total collection of trees and
associated vegetation within the urban boundary of the
City of Pickering."
1.17 Revising policy 15.5A, Required Studies for an
Official Plan Amendment, Zoning By-law
• Amendment, Draft Plan of Subdivision, and Draft
Plan of Condominium Approval, in Chapter Fifteen —
• Development Review, by revising sub-section (xxix)
so that it reads as follows:
"(xxix) a sustainable development report, describing the
sustainable measures being implemented in the
development, including but not limited to
initiatives related to energy efficiency, water
efficiency, building materials, indoor air quality,
landscaping, stormwater management and
construction waste:"
1.18 Revising policy 15.5B, Required Studies for Site Plan
Approval, in Chapter Fifteen —Development Review,
by revising sub-section (xxii) so that it reads as
follows:
"(xxii),a sustainable development report, describing the
sustainable measures being implemented in the
development, including but not limited to
initiatives related to energy efficiency, water
efficiency, building materials, indoor air quality,
landscaping, stonnwater management and
construction waste;"
1.19 Revising policy 15.17, Bonus Zoning, in Chapter
Fifteen — Development Review, so that it reads as
follows:
•
"15.17 As provided for in the Planning Act, City
Council 'may pass by-laws that grant an
increase in density of development not
exceeding. 25% of the density that would
• otherwise be permitted by this Plan, or an
increase in the height of a building providing;
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Proposed Amendment 23 to The Pickering Official Plan _ Page 11
(a) the density or height bonus is given only in
return for the provision of specific services,
facilities or matters as specified in the by-
law, such as but not limited to, additional
open space or community facilities,assisted
or special needs housing, the preservation
• of heritage buildings or structures, or the
preservation of natural heritage features and
functions;
(b)when considering an increase in density or
height, and allowing the provision of
benefits off-site, the positive impacts of the
exchange should benefit the surrounding
areas experiencing the increased height
and/or density;
(c) the effects of the density or height bonus
have been reviewed and determined by
Council to be in conformity with the
general intent of this Plan, by considering
matters such as:
(i) the suitability of the site for the
proposed increase in density and/or
height in terms of parking, landscaping,
and other site-specific requirements;
(ii) the compatibility of any increase in
density and/or height with the character
of the surrounding neighbourhood;and
(d) as a condition of granting a density or
• height bonus, the City requires the
benefiting landowner(s) to enter into one or
more agreements, registered against the
title of the lands,dealing with the provision
and timing of specific facilities, services or
matters to be provided in return for the
bonus;
1.20 Revising policy 15.23, Site Plan Control, in Chapter
Fifteen— Development Review as follows, and
re-numbering the subsequent sub-sections:
• i
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Proposed Amendment 23 to The Pickering Official Plan Page 12
"15.23 City Council shall implement site plan control as
a means of achieving well-designed, functional,
attractive, safe, sustainable and accessible
development in the City of Pickering;
accordingly, the City Council's approach to site
plan control will not be limited to the review of
individual buildings, structures and exterior open
spaces on a site, but to also include aspects such
as.the relationship of the location, massing and
exterior design of buildings, structures and
exterior open spaces on a site with surrounding
properties and the public realm to ensure the new
development is compatible and functionally
integrated with the existing and/or planned
context. Further, City Council recognizes the
whole of the City as proposed'site plan control
area and,
(a) .. .;
(b)
(c)
(d) shall, as part of the site plan approval
process, consider matters related to
exterior architectural design, including
• • without limitation the character, scale,
materials, colours, articulation and
design features of all building exteriors
and their sustainable design, inclusive of
wall-mounted signage and lighting
fixtures;
(el may, as a condition of site plan approval,
require the inclusion of sustainable
design elements on any adjoining right of
way under the City's jurisdiction,
including without limitation trees,
shrubs,hedges,plantings or other ground
cover, permeable paving material, street
furniture, curb ramps, waste and
recycling containers and bicycle parking
facilities;
(f) shall, as a condition of site plan approval,
require the provision of facilities designed
for accessibility for persons with
disabilities;
34 -
•
Proposed Amendment 23 to The Pickering Official Plan Page 13
(g) shall implement urban design and
architectural design. guidelines and
policies approved through this Plan,
through site plan control;
i
( 1 i
(g)1
1.22 Adding a new policy 15.28, Development Permit
System, in Chapter,Fifteen — Development Review,
as follows and renumbering the subsequent sections:
"15.28 City Council •may establish a development
permit system by passing a Development Permit
By-law pursuant to the provisions of the
Planning Act; and designate defined areas as
Development Permit Areas."
1.23 Revising polic 15.32, Community Improvement
• Areas, in Chapter Fifteen —Development Review, by
revising sub-sections (a), (b) and (e) and
renumbering the subsequent sub-sections so that it
reads as follows:
1.5.32 City Council,
"(a) shall, where warranted, provide for the replanning,
redesign, re-subdivision, clearance, maintenance,
rehabilitation and development or redevelopment of
• selected residential, commercial and industrial
areas, by identifying Community Improvement
Plans, and implementing Community Improvement
Projects pursuant to the provisions of the Planning
Act.; For greater clarity, community improvement
may also include the provision of such public,
recreational, institutional, religious, charitable or
other uses, buildings, structures, works,
improvements or facilities or spaces therefore as
may be appropriate or necessary;
(b) may, in undertaking Community Improvement
Plans and Projects,
(i). support the provision of energy efficient uses
buildings, structures, works, improvements or
facilities;
(ii) support the provision of affordable housing;
35
•
Proposed Amendment 23 to The Pickering Official Plan Page 14
•
• (ii)-44..;
• {v} vii ---;
(vi) v.041 ...;
(c) ;
(d) ;
(e) shall implement Community Improvement Plans
• • through various measures including,
,(i). participation in funding programs with other
• levels of government., which may include the
• . provision of grants or loans to the Regional
- Municipality of Durham for carrying out a
Regional community improvement plan in the
• City, or the receipt of grants or loans from the
Regional Municipality of Durham for carrying
out a local community improvement plan that
• has come into effect;
• (ii) the making of grants and loans to registered
owners and tenants of lands and buildings, in
• conformity with the community improvement
plan, of which the eligible costs may include
costs related to environmental site assessment
-and environmental remediation;
(iv) (v)... » . •
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. In light of the numerous
components of the Official Plan that are being revised
through concurrent amendments, the final numbering of the
_ policy sections in this amendment is subject to change in
accordance with-the sequencing of approvals.
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. • •
J:{Dowments\Developmem10.3100 Official Plan Amendments(OPA Apptications)20131OPA 13002 City tnhiateo10ouncd ReponsUnfo Report AmachmentsiDralt OPA final formal-revisions aecepted).doot
36 .. •
Appendix II to
Information Report Number 12-13
Proposed Informational Revision 20
To the Pickering Official Plan
•
II
37
i
Proposed Informational Revision 20 to the Pickering Official Plan
Purpose: The purpose of this revision is to change the informational
text contained within the Pickering Official Plan in order to
provide clarity to the policies implemented as part of
Amendment 23, which is intended to add new planning
powers and tools that will strengthen the Plan's policy
P 9 P Y
foundation for sustainable la m k'
p ce a ing.
Location: The changes apply City wide.
Basis: In reviewing the informational text contained in the Official
Plan, various technical revisions have been determined to be
necessary and appropriate to assist users with
understanding the changes to the Official Plan policy
implemented through Amendment 23. '
Proposed The City of Pickering Official Plan is hereby revised by: .
Revision:
1. On page 14, under"Principles for Growth and
Development" in Part One, Chapter One -The Guiding
Principles, revising the 5th information paragraph by
adding the following item, after the second bullet point,
to the list of requirements to meet the people's needs
and aspirations in environmentally responsible ways:
• "promoting a mixture of land uses, and urban design in
support of development that is sustainable, transit
supportive, pedestrian-oriented, and accessible to persons
with disabilities";
2. On page 53, within Part Two, Chapter Three— Land
Use, revising the 2"d sentence of the 4th informational
paragraph so that it reads as follows:
"This strategy is intended to promote land and resource
conservation; enhance community, diversity; minimize long-
term infrastructure, transportation, energy and servicing
costs, promote development that is designed to be
sustainable, and improve the overall quality of life in the
community";
3. Add "CITY POLICY Urban Forest"within the informational
sidebar'adjacent to the new section 10.13;
•
. 38
•
Proposed Informational Revision 20 to the Pickering Official Plan Page 2
4. Add "CITY POLICY Climate Change" within the
informational sidebar adjacent to the new section 10.23;
5. Add the following informational sidebar, which relates to
the adaptation of buildings, infrastructure and
development referred to in new_section 10.23:
Adaptation will increase the City's
ability to reduce,and effectively
manage disruptions to critical
community infrastructure and
minimize risks to public health and
safety over time.
6. Add the following informational sidebar, which relates to
• the implementation of green development standards in
development and subdivision design referred to in
revised subsection 13.5: • •
City Council shall require new plans of •
subdivision,official plan amendments,zoning .
by-law amendments,and site plan control
applications considered by the Site Plan Advisory
Committee to achieve a minimum rating level of
1 in terms of the City's Draft Sustainable
Development Guidelines,except where
circumstances preclude the minimum criteria
from being achieved.
7. Add the following informational sidebar, which relates to
the exterior design and sustainable design features of a
development proposal.referred to in new subsection
15.23 (d):
Exterior design and sustainable
design features of a development.
proposal shall be consistent with
any applicable design policies
and guidelines approved through
this Plan.
8. Add "CITY POLICY Development Permit System"within the
informational sidebar adjacent to new section 15.28.
.1:DDocuments\Development\03100 Official Plan Amendments(OPA Applications)\20131OPA 13-002 City Initiated OPA 23\Draft Informational Revision.docx
•
39
•
•
Appendix III to
Information Report Number 12-13
•
•
Discussion and Rationale for Proposed Amendment 23
•
•
•
•
•
40
•
Discussion and Rationale for Proposed Amendment 23
Introduction
The following discussion contains an explanation of the new planning tools and
powers made available through the Planning Act, and the planning
rationale/justification for each of the associated amendments to the Official Plan.
1.0 Several of the new planning tools to realize the vision of Sustainable
Placemaking can be are categorized as Green Development
1.1 Promotion of Sustainable Development
Provincial Legislation: The promotion of development that is designed to be
sustainable, to support public transit and to be pedestrian
oriented is added to the list of matters of provincial interest in
section 2.0 of the Planning Act.
The addition of this item to the list of provincial interests is,
amongst other things, a result of the ongoing efforts and
influence of the "Smart Growth" initiative on the city building
process and changes to the 2005 Provincial Policy Statement
which put greater emphasis on intensification, climate
change, the promotion of energy efficiency and the use of
renewable energy systems.
More recent research by the Ontario Professional Planning
Institute in association with the Heart and Stroke Foundation
on the relationship between the design of cities and human
health identified the need to make our neighbourhoods more .
walkable, to introduce mixed uses, and to improve
connectivity to transit ways and stops. The promotion of
sustainable development would appear to also build on and.
complement these findings,,and strengthen the case for
designing healthier and more resilient communities.
Existing OP Policy: Many of the matters of provincial interest listed in the
Planning Act are referenced in several sections throughout
the Official Plan. Many of them touch on the theme of, or
strengthen the case for development that is sustainable,
transit supportive and pedestrian oriented. FOE example, the
Introduction to the Official Plan (page 7) emphasizes the
need to embrace and unite the principles of sustainability,
and one of the guiding principles under"Principles for Growth
and Development" (section 1.3) is to meet people's needs
while ensuring environmentally appropriate actions.
41
•
Discussion and Rationale for Proposed Amendment 23 Page 2 -
Analysis: Sustainable development or development that is designed to
be sustainable is an evolving theme which, apart from the
generic definition of"sustainable development", the term
typically also embodies the objectives of transit supportive
and pedestrian oriented development.
The City•has current and ongoing initiatives in support of the
corporate vision of Sustainable Placemaking, and the
implementation of Council policy (adopted in terms of
resolution#255/09 on October 19, 2009) requires all
development applications to achieve a minimum rating level
of 1 in terms of the City's Draft Sustainable Development
Guidelines. However, the existing Official Plan lacks a
proper planning policy to augment and expand the promotion
of sustainable development through the planning process.
The Seaton Amendment contains comprehensive policies on
sustainable development, but these policies do not apply
city-wide and have been tailored specifically to Seaton.
Based on an analysis of the current Official Plan, the
introduction of certain minor amendments to strengthen the
policy basis to attain or promote sustainable development
through the planning process and corporate initiatives,
seems appropriate.
Experience of others: Other local municipalities have included a number of
sustainable development related themes and supporting
policies in their Official Plans. For more information please
see the chart in Appendix IV to Information Report Number
12-13.
Recommendation: A number of selective Official Plan policies could create
better achievement of a more sustainable and healthier
community, including consideration of adding sustainability
as a guiding principle in Chapter 1of the Plan.
Accordingly, a number of new policies and definitions for
. matters such as "green development"; "green technologies", •
"heat island", "sustainable design" and "placemaking" are
being included in the accompanying proposed official plan
amendment. For more information see sections 1.2 to 1.5
and 1.16 in the proposed Official Plan Amendment
(Appendix Ito Information Report Number 12-13).
New and expanded official plan policies on matters that are
intrinsic to sustainable development are also proposed and
include aspects such as:
• the promotion of the use of green technologies in the
design of community.facilities and infrastructure
42. •
Discussion and Rationale for Proposed Amendment 23 Page 3
• encouraging the central production and distribution of
energy and the use of renewable energy systems
• the protection, maintenance and expansion of the 'Urban
Forest'; and
• emphasizing the importance of energy conservation and
efficiency, adaptation of buildings and infrastructure and
the reduction of greenhouse gas emissions to address
the adverse impacts of climate change
For more information see sections 1.6, 1.7, 1.9, 1.10 and
1.13 in the proposed Official Plan Amendment
(Appendix I).
These new and expanded policies will also form a firmer
policy platform to launch corporate sustainability initiatives
and programs and require certain performance standards
through the formal planning process.
- 1.2. Site Plan Control—Sustainable Design on Adjoining Roads
Provincial Legislation: Added to the matters to be considered through site plan
control are sustainable design elements on the boulevards of
any adjoining road under the 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.
Existing OP Policy: Section 15.23 of the Official Plan addresses site plan control,
but does not speak to sustainable design elements on
adjoining road boulevards, as this is a new tool.
Analysis: The greater part of the public realm consists of public roads.
The design features within a public right of way and how they
relate to adjacent land uses and buildings results in a .
streetscape that can either contribute towards the character,
safety and walkability of a neighbourhood, or be to its
detriment.
To date, site plan control has largely been limited only to the
area of the lot under application, other than for the widening
of roadways and sight triangles. This new provision allows
municipalities to require sustainable design elements, such
as street furniture, trees, and bicycle storage facilities, on any
adjoining roads under a municipality's jurisdiction, through
site plan control. This new tool could assist the City in
developing 'complete' streets—streets that are greener,
• walkable, and safer and provide improved transitions to the
adjacent built form and uses. The introduction of this new
tool through site plan control necessitates provisions in the
Official Plan. An appropriate location to add these provisions
is section 15.23.
43
Discussion and Rationale for Proposed Amendment 23 Page 4
For clarification, the inclusion of sustainable design elements
by means of site plan control applies to both local and
upper-tier municipal right of ways. Therefore, if the City
proposes to impose a condition in a site plan agreement
requiring the provision of certain sustainable elements in a
public right of way (e.g. Kingston Road) owned by the upper
tier municipality (Region of Durham), the consent of the
Region will be required.
Experience of others: Most municipalities are at a minimum repeating the words of
the Planning Act and for the most part, have not gone
beyond it with more detailed policy guidance or prescription.
Recommendation: Add additional criteria, reflecting the above-noted items
mentioned in subsection 41(3)2(e) of the Planning Act, under
site plan control in section 15.23 of the Official Plan. For
more information see section 1.20 in the proposed Official
Plan Amendment (Appendix I).
1.3 Plans of Subdivision and energy conservation and efficiency
Provincial Legislation: A new item to be reviewed in the consideration of a draft
plan of subdivision is the extent to which the plan's design
optimizes the available supply, means of supplying, efficient
use and conservation of energy.
Existing OP Policy: Section 13.5 of the City's Official Plan provides items for
considering the design and development of plans of
subdivision, but does not speak to aspects such as energy
conservation and efficiency.
Analysis: Although it is not necessary for conformity, this new criteria
regarding energy efficiency and conservation should be
added to the Subdivision and Development Design section
13.5 of the Official Plan, so that applicants know that the City
will be considering this matter through the review of plans of
subdivision.
Experience of others: Most local municipalities that were researched did not
include the new criteria to their subdivision approval policies,
with the exception of Barrie and Ajax. For more information
please see the chart in Appendix IV.
Recommendation: Adding the above criteria to the list of matters in the Official
Plan to be considered by the City when reviewing proposed
plans of subdivision will augment the implementation of the
City's Draft Sustainable Development Guidelines and put
greater emphasis on the corporate objective to save and
conserve energy. Please see section 1.10 in the proposed
Official Plan Amendment (Appendix I).
44
Discussion and Rationale for Proposed Amendment 23 Page 5
2.0 Several of the new planning tools to realize the vision of Sustainable
Placemaking can be categorized as Architectural Control.
2:1 Site Plan Control —Appearance and Design
Provincial Legislation: Subsection 41(4)2. (d) of the Planning Act provides that the
municipality may, through site plan control, also consider the
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, if an official plan and a
site plan by=law passed under subsection (2) that both
contain provisions relating to such matters, are in effect in
the municipality.
Existing OP Policy: Section 15.23 of the Official Plan addresses site plan control,
but does not speak to matters of exterior design, as this is a
new.tool. The Official Plan (Chapter Thirteen) contains
detailed design "considerations"on matters such as views
and vistas, design of public open spaces, design of buildings,
lighting and human scale, which are all building blocks for
creating an attractive community, but these design policies
are worded primarily to"encourage"the attainment of certain
design standards and they don't contain strong policy
direction on exterior design of buildings, because the
Planning Act previously did not allow for such powers.
The Compendium Document to the Official Plan contains
development guidelines for the urban neighbourhoods in the
city and could only be used as a 'guideline' in the review of
development applications and not be enforced as policy. •
Analysis: Being unable to control the exterior appearance and design
of buildings through the site plan process has been a key
concern of municipalities and the public for many years. Built
form and architectural details such as building articulations,
fenestration and materials do not only influence a project's
scale, appearance and character, but they also play an
important role in the City's efforts to foster a sense of place
and civic pride, to promote a positive image of the community
and create a built environment that celebrates the character,
culture, history and creativity of a community. In the absence
of this tool the City's ability to do this, is limited.
The ability to review and require certain exterior design
standards, inclusive of their sustainable design, through site
• plan control necessitates stronger direction in terms of
certain Detailed Design "Considerations" in Chapter 13 in
support of these new provisions, and also require enabling
policies in section 15.23 (Site Plan Control) of the Official
Plan.
45
Discussion and Rationale for Proposed Amendment 23 Page 6
Experience of others: Many municipalities revised their Official Plans to include, at
a minimum, similar wording of the Planning Act and have
made amendments to their site plan by-laws to contain
provisions relating to such matters. For more information
please see the chart in Appendix IV.
Few municipalities expanded their official plan policies on
site plan control to elaborate on the matter of sustainable
-design in relation to design features of buildings, but the
Cities of Toronto and Newmarket do have official plan
policies to such effect.
Recommendation: Introduce "stronger"wording/direction, where practical, in
Chapter 13 (Detail Design Considerations) on matters related
to exterior design; expand the site plan control section 15.23
by providing a proper preamble on the function of site plan
control and include the above-noted items mentioned in
subsection 41(3)2(d) of the Planning Act. For more
information please see sections 1.8, 1.11; 1.12, 1.14 and
1.20 in the proposed Official Plan Amendment (Appendix I).
Also revise the Site Plan Control By-law to also address
these new architectural controls.
2.2 Site Plan Control—accessibility for persons with disabilities
Provincial Legislation: • A new design criteria, "facilities designed to have regard for
accessibility for persons with disabilities", are added to the.
list of matters to be considered through site plan control.
The addition of this item is consistent with the Provincial
Policy Statement which contains a policy stipulating that
healthy, livable and safe .communities are sustained by
improving accessibility for persons with disabilities and the
elderly by removing and/or preventing land use barriers
which restrict their full participation in society.
Existing OP Policy: Section 13.12 of the Official Plan contains policies on the
provision of barrier-free access, but the topic is not
addressed under the site plan control section.
Analysis: The existing policies on barrier-free access stipulate that the
City Council shall `endeavour to ensure' the provision of
barrier-free access to all public buildings and transportation
facilities and that they are well integrated with.the functional
and aesthetic design of developments. However, the
• addition of criteria on facilities designed to have regard for
accessibility to Site Plan Control allow municipalities to now
explicitly require plans/drawings of such facilities; and
provides an extra and stronger tool to review the design and
location of such facilities before construction.
46
•
Discussion and Rationale for Proposed Amendment 23 Page 7
Experience of others: Although most municipal official plans were found to be
silent on this matter, the Cities of Toronto and Burlington
included policies in their Official Plans that require plans
showing the design and location of facilities that have regard
for accessibility for persons with disabilities through the site
plan control process.
Recommendation: Add the above-noted item mentioned in subsection 41(4)1.
of the Planning Act, to Site Plan Control in section 15.23 of
. the Official Plan. Please see section 1.20 in the proposed
Official Plan Amendment(Appendix I).
Also revise the Site Plan Control By-law to'reference this
new planning tool.
3.0 Several of the new planning tools to realize the vision of Sustainable
Placemaking can be categorized as Financial Tools
3.1 Community Improvement Plans (CIP's) —expanding the scope
Provincial Legislation: The definition of"community improvement" in the
Planning Act is expanded to include construction,
improvements of energy efficiency, and affordable housing;
and a new subsection 28 (7.1) is added that stipulates that
"..., the eligible costs of a community improvement plan may
include costs related to environmental site assessment,
environmental remediation, development, redevelopment,
construction and reconstruction of lands and buildings for
rehabilitation purposes or for the provision of energy efficient
uses, buildings, structures, works, improvements or
facilities."
In addition,.a new subsection 28 (7.2) includes the provision
that"council of an upper tier municipality may make grants
and loans to the council of a lower tier municipality (and vice
versa) for the purpose of carrying out a community
improvement plan..., but only if the official plan of the
municipality making the grant or loan contains provisions
relating to the making of such grants or loans."
Regional OP Policy: Regional Official Plan Amendment.125 (ROPA 125), adopted
in November 2008, introduced new policies to allow the
Region to assist in the implementation of, and to participate
financially in area municipal CIP's. ROPA 125 also
expanded the powers of the Region to adopt Regional CIP's
for:
• infrastructure under their jurisdiction
• land and buildings within and adjacent to existing or
planned transit corridors that have the potential for higher
density mixed-use development/ redevelopment; and
• affordable h4u o ing:
-- I
Discussion and Rationale for Proposed Amendment 23 Page 8
Existing OP Policy: Section 15.32 of the Official Plan addresses Community
Improvement Areas and focuses on residential, commercial,
and industrial areas, and on rehabilitation, maintenance, and
redevelopment in the context of improving efficiency of use
and.redevelopment: The Official Plan also contains a
statement that CIP's shall be implemented through
participation in funding programs•with other levels of
government.
However, the existing policies in Section 15.32 do not reflect
the broader list of eligible criteria and scope of participation in
community improvement plans.
Analysis: Most Community Improvement Plans were, until recently,
framed around derelict downtown commercial districts. CIP
grants would typically be issued for minor improvements to
building facades, outdoor lighting and building entrances.
The Province, through the above changes to the
9 9
PlanningAct, re-affirms the important role of CIP's in
community building and heritage preservation, and also
acknowledges the inter-relationship that exists between the
environment, the economy and the community. No longer
are CIP's seen as an incentive to merely beautify or
remediate historic districts, but their function is expanded and
strengthen by giving upper tier municipalities the opportunity
to play a more active role in CIP's, and by expanding the list
• of criteria eligible for grants to include aspects such as
infrastructure provision, site remediation, provision of energy
efficiency and affordable housing. The wider scope of, and
participation in CIP's has the potential of creating more
synergy between public and private sector efforts to create a
sustainable community.
The participation of the Region of Durham in local CIP
projects or the ability of the Region to adopt and implement
Regional CIP's for matters such as infrastructure and
residential development along major transit corridors could
be a major benefit to the City of Pickering, particularly when
revitalization and residential intensification projects are
• proposed within the downtown and along Kingston Road
over the next 25 years.
To include all of the broader objectives of community
improvement in the City's Official Plan is not explicitly
• required, but it would be beneficial to recognize the wider
scope of CIP's in the Official Plan and to also include a policy
enabling the upper-tier municipality's participation in a City
initiated CIP through loans and grants, and vice versa.
48
•
Discussion and Rationale for Proposed Amendment 23 Page 9
It remains each area municipality's prerogative to determine
the focus of every CIP within its community. Items that are
eligible for grants would typically be reviewed and approved
through each area specific CIP.
Experience of others: Several municipalities have expanded the list of criteria that
are eligible for community improvement grants, while others
have simply referred back to the Planning Act. The Town of
Scugog and the City of Waterloo included policies that speak
to the Region's new powers and ability to participate in
locally initiated CIP's through loans and grants. For more
information please see the chart in Appendix IV.
'Recommendation: Update section 15.32 to reflect the broader scope of CIP's as
set out in the Planning Act. As well, update the criteria
contained in subsection 15.32(e) to enable the Region of
Durham to carry out a regional CIP in the City, or to receive
• grants or loans from the Region for carrying out a local CIP,
and vice versa. For more information please see section
1.23 in the proposed Official Plan Amendment (Appendix I).
3.2 Density and Height Bonusing
Provincial Legislation: Section 37 of the Planning Act states that the Council of a
municipality may, in a by-law passed under section 34,
authorize increases in the height and density of development
otherwise permitted by the by-law that will be permitted in
return for the provision of such facilities, services or matters
as are set out in the by-law.
It furthermore states that a by-law shall not contain the
provisions mentioned in subsection (1) unless there is an
official plan in effect in the local municipality that contains
provisions relating to the authorization of increases in height
and density of development.
Existing OP Policy: Section 15.17 of the Official Plan stipulates that the City may
pass by-laws that grant an increase in density of
development not exceeding 25% of the density that would
otherwise be permitted by the Official Plan, subject to the
provision of certain uses/facilities and other requirements.
Section 15.17 does not however speak to the matter of
height bonusing.
•
49
•
1
Discussion and Rationale for Proposed Amendment 23 Page 10
Analysis: Density refers to the number of dwelling units per hectare on
a site. Building height addresses the form of the building,
and while increased height may include a development with
increased density, it does not necessarily mean higher
density. Higher buildings with a smaller massing may
. provide the same (or fewer) units than a shorter, bulkier
buildings. The different building forms allow alternative
design responses to various locations.
Height bonusing becomes particularly useful in mixed use
and intensification projects, as it permits higher buildings in
appropriate locations in exchange for the provision of needed
community facilities or services.
The addition of the term `height' to the bonusing provisions in
the Official Plan would be consistent with the Planning Act
and could become a very useful tool when the City considers
intensification proposals in areas such as the downtown.
Since the context of each proposal's surroundings and the
design and scale of a development proposal differ from site
to site, it would be preferable to contain any caps or
limitations on height bonusing within the site-specific zoning
by-law and not in the Official Plan.
Staffs review of Section 15.17 of the Official Plan also
revealed the need to provide more guidance on the
development review criteria to be met before a project
qualifies for a density or height bonus. The criteria to be
considered include matters such as:
• the suitability of the site for the density or height increase
in terms of parking, landscaping, etc.
• compatibility with the surrounding neighbourhood; and )
• whether the provision of benefits off-site in exchange for
the increased density or height would benefit the area
that is experiencing the increased height or density.
The latter criterion is particularly important because, in the
absence of proper policy direction, certain off-site benefits
could be provided in other geographic areas of a city while
the community that are experiencing the density or height•
increase are not enjoying any direct or indirect benefit from
the exchange.
Experience of others: Most municipalities contain policies on both density and
height bonusing. For more information please see the chart
in Appendix IV.
.50 •
Discussion and Rationale for Proposed Amendment 23 Page 11
Recommendation: To be consistent with section 37 of the Planning Act, add
'height' to the bonusing policies (section 15.17) of the Official
• Plan, and provide more context to the development review
criteria to consider the eligibility of a project for a density or
height bonus. Please see section 1.19 in the proposed
Official Plan Amendment(Appendix I).
•
3.3 Development Permit System
Provincial Legislation: The Planning Act(section 70.2) allows the establishment of
a Development Permit System (DPS) to control land use
development. This system can combine the zoning, site
plan and minor variance processes into one application and
approval process. A DPS would also allow Council to
address matters relating to the provision of facilities and
services in exchange for height and density; minimum and
maximum standards for development. Also, agreements can
be entered into for any of the permitted conditions and these
may be registered against the title of the lands.
Policies must be contained in the Official Plan before a
development permit system can be adopted. The required
contents in the Official Plan are outlined in O.Reg. 608/06
section 3(1), and include aspects such as the following:
• identify an area as a proposed Development Permit(DP)
area (it may be the entire municipality, or special areas
such as a historic downtown);
• the ability to delegate certain decisions to municipal staff;
• describing municipality's goals, objectives, policies in
proposing a DPS for each identified DP area;
• the type of criteria that may be included in the DP By-law
for evaluating discretionary uses/variations from
permitted uses of the zoning by-law.
Existing OP Policy: This is a new tool, so there is currently no policy for this.
Analysis: Adding policies on Development Permits are not required for
• conformity. It is voluntary. However, enabling policies in the
Official Plan are required if Council wishes to implement a
DPS. The required Official Plan policies are detailed to the
nature of the Development Permit being applied. As such,
the policies should only be included in the Official Plan when
the City decides to apply it to a specific area.
The introduction of a DPS holds significant promise,
particularly for the purposes of fast-tracking the development.
review process for planning applications within a specific
area of the city. However, the establishment of a DPS
requires substantial public education and participation, legal
scrutiny and in-house training,and resources in order to be
effectively implemented.
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Discussion and Rationale for Proposed Amendment 23 Page 12.
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Experience of others: The implementation of DPS's is still in its early stages. Few
municipalities included policies on DPS's in their Official
Plans. The.Cities of Brampton and Hamilton are some of the
few municipalities to have implemented a DPS.
Recommendation: Introduce a new'place-holder' policy in the Implementation
Chapter of the Official Plan to enable the Council to establish
a DPS and to adopt a DP by-law in terms under section 70.2
of the Planning Act.
.Should an area be identified that would benefit from the use
of DPS at a later date, conduct further research into their
implementation (including best practices)to ensure the
successful application of this hew tool. Please see section
1.22 in the proposed Official Plan Amendment(Appendix I).
4.0 Other minor amendments to the Planning Act were also introduced through
Bill 51
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4.1 Official Plan Review mandated at least every 5 years
Provincial Legislation: The Planning Act previously stipulated that a municipality
shall, not less frequently than every 5 years hold a special
meeting to determine the need for a revision of its official
plan. It now stipulates that an Official Plan review is required ■
to occur at least every 5 years, to ensure conformity with
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provincial plans, consistency with policy statements and have
regard to provincial interests.
Existing OP Policy: Subsection 14.8(a) of the City's Official Plan provides that
City Council shall "consider the need to review its official
plan at least every five years, and may do so at any time
earlier if warranted...".
Analysis: The current policy is not fully consistent with the
Planning Act as it says the City shall "consider"the need for-
an Official Plan review, whereas the Planning Act requires
the City to revise.the Official Plan as required to conform to
provincial plans and to be consistent with provincial policy
statements.
It is no longer a prerogative for the council of a municipality
to consider whether it needs to review its official plan, it is
now mandated by the Act and the addition of the legislative
context (reasons) for reviewing the official plan provides the
basis for this directive.
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Discussion and Rationale for Proposed Amendment 23 Page 13
Experience of others: Local municipalities have employed various approaches to
this legislative requirement, but most official plans have
wording that are consistent with section 26 of the
Planning Act. For more information please see the chart in
Appendix IV.
Recommendation: Expand section 14.8(a) to specify that an Official Plan review
is to occur every five years to ensure that the Official Plan
conforms to provincial plans, has regard to matters of
provincial interest, and is consistent-with provincial policy
statements. Please see section 1.15 in the proposed Official
Plan Amendment (Appendix I).
4.2 Planning decisions to be consistent with PPS and in conformity with
provincial plans
Provincial Legislation: Section 3.(5) of the Planning Act requires that decisions
affecting a planning matter shall be consistent with the policy
statements issued under subsection (1)that are in effect on
the date of the decision; and shall conform with the provincial
plans that are in effect on that date, or shall not conflict with
• them, as the case may be.
Prior to the issuance of the 2005 PPS, decisions on planning
matters were required to "have regard to" policy statements
issued under the Planning Act.
Existing OP Policy: City Policy 1.1 of the Official Plan states that the City Council
"shall have regard to"the PPS on land use planning, as
amended from time to time, in making decisions and
undertaking actions.
The information paragraph preceding this policy statement
also states that the Official Plan has been prepared having
regard to the PPS.
Analysis: There is a subtle yet important difference between the words
"shall have regard to" and "shall be consistent with". The
prior means "shall give consideration to" and does not
necessarily require "agreement" or"compatibility with". The
latter means "in agreement" or"compatible with", or"not
contradictory with".
The shift to "shall be consistent with" sets a higher policy
implementation standard or stronger test for planning
decisions. This does not mean that decisions on planning
matters leaves municipal decision makers with no ability to
address local circumstances. It merely means that decisions
may not be in conflict with the intent or spirit of the PPS.
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Discussion and Rationale for Proposed Amendment 23 Page 14
The PPS focuses predominantly on desired outcomes, rather •
than specifically prescribing the process that must be
followed —this provides some discretion on the ways to
achieve the desired outcomes. The type oflanguage in local
planning policy documents may be different to the language
in provincial policy statements or plans, as long as it
achieves the same outcome.
Experience of others: Most municipalities have.included wording in the introductory
chapters of their Official Plans to the effect that policies and
decisions have to be consistent with the PPS and conform to
Provincial Plans. For more information please see the chart
in Appendix IV.
Recommendation: Revise section 1.1 in the Official Plan to be consistent with
the above-quoted changes that were made to section 3.
(5)(a) of the Planning Act. For more information please see
section 1.1 in the proposed Official Plan Amendment
(Appendix I).
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Appendix IV to
Information Report Number 12-13
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Research on Policy Experience of Other Municipalities
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Research on Policy Experience of Other Municipalities
Promotion of Sustainable Barrie's Official Plan (.OP) contains a section on Energy Conservation and
Development- Renewable Energy Systems within its general policies with goals to reduce
greenhouse gas emissions. The Energy Conservation policies promote compact
urban form in support of active transportation, transit use, and trip reduction.
Waterloo's OP contains specific goals to attain sustainability through goals on
water resources, energy efficiency, quality and managing climate change, and
, gY Y, q tY 9 9 9
it also defines the term "sustainable design". it also contains a policy which
stipulates that applications for Official Plan Amendment, Zoning By-law
Amendment, Plan of Subdivision, and Site Plan will be encouraged, and where
• appropriate, required to include a Sustainable Development Report.
The Ajax OP was amended by the addition of policies requiring an eco-system
approach to planning, linking transportation, public health,.wildlife, food
production; new policies were added on "Climate Change Protection", "Air Quality
and Urban Heat", "Tree canopy" and "Health Impact Assessment" (which links the
• design and development of communities to their health and wellbeing).
. Site Plan Control —Sustainable Most municipalities are at a minimum repeating the words of the Planning Act.
Design on Adjoining Roads
Ajax's OP stipulates that matters relating to sustainable design elements on
adjoining municipal boulevards shall be determined by the Town, and such
matters shall be incorporated into site plan agreements. Ajax's OP also provides
an expanded list of sustainability element examples including pedestrian scale
lighting, canopies and awnings.
Plans of Subdivision and City of Barrie's OP added a criterion for the review of plans of subdivisions that
Energy Conservation and encourages the layout of new plans of subdivision to orient lots to maximize
Efficiency energy efficiency (e.g., solar).
Ajax's OP incorporated policies that promote street, lot and building orientation
with optimum southerly exposures to maximize passive solar energy gain.
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Site Plan Control —Appearance • Barrie has largely repeated subsection 41(4) of the Planning Act, but has added
and Design more detail on building elements which may be considered, such as roof pitch,
materials and screening of rooftop mechanical and electrical equipment, and
sustainable exterior design of buildings:
The section on built form in the City of Toronto's OP was augmented by policy
requirements regarding the design of exterior facades and its relationship and
relevance to the built context. The City of Toronto also revised its site plan
control policies in the official plan to better explain the broader scope and role of
site plan control in shaping the city's image and character.
As for matters of sustainable design in relation to design features of buildings, the
City of Toronto added a new policy to site plan control that speaks to the inclusion
of certain sustainable design features such as the provision of green and cool
roofs, and energy efficient exterior cladding and window treatments.
Newmarket's official plan provides "Sustainability in Design" policies that
encourage sustainability features in building renovation and redevelopment
through the site plan process. •
Waterloo's OP stipulates that, for the purpose of site plan control, matters of
exterior design shall include the design, shape and coordination of architectural
features such as building materials, balconies, cornices, banding, colour,
parapets, and windows.
Site Plan Control — The City of Toronto's OP contains site plan policy stipulating that the City may
Accessibility for Persons with request that facilities be designed to accommodate accessibility for persons with
Disabilities disabilities.
The City of Burlington's OP stipulates that an application for site plan approval
shall include matters that include plans that show the design and location of
facilities that have regard for accessibility for persons with disabilities.
• Clarington's Bill 51 conformity amendment, although not adopted yet, contains a
similar policy in their proposed official plan amendment.
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Community Improvement Scugog's OP includes energy efficiency improvements as a community
Plans — Expanding the Scope improvement objective and provides that partnerships with the Region will be
created for CIP's and funding.
The City of Waterloo OP contains an expanded list of items that are eligible for
CIP grants that includes matters such as energy efficiency improvements,
opportunities to facilitate,intensification or transit oriented development within the
built boundary, and insufficient or deteriorating parking facilities. The Waterloo OP
also introduced a new policy stipulating that the City may provide grants or loans
to the Regional Municipality of Waterloo far carrying out a Regional community
improvement plan that has come into effect.
Density and Height Bonusing The majority of municipalities contain policies on both density and height
. bonusing. Certain municipalities have expanded the list of matters that can be
considered in exchange for the bonusing while others stated that such matters
would be set out in a by-law, as per the Planning Act.
The City of Waterloo's OP contains policies regarding the development review
criteria to be met before a project qualifies for the density or height exchange.
Development Permit System City of Waterloo's OP is one of the few official plans that contain a comprehensive
set of policies on Development Permit Systems (DPS) and
conditions/requirements that may be contained in a DPS by-law. The Ajax OP
only contains an enabling policy to permit the use of a DPS. Mississauga included
a single sentence in its OP stating that consideration will be given to the
enactment of a Development Permit System as authorized by the Planning Act.
Brampton and the City of Hamilton are one of a few known municipalities to have
implemented a DPS.
Official Plan Review Mandated The City of Ajax OP stipulates that their plan shall be reviewed at least every five
at Least Every 5 Years years to ensure it meets the environmental, social and economic needs of the
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community.
Aurora and Clarington provide a broader explanation as to the reasons for the
review, similar or consistent with the Planning Act.
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Planning Decisions to be Burlington's OP states that it must conform to Provincial land use plans and
Consistent with the Provincial regulations and to the Region of Halton Official Plan and must also be consistent
Policy Statement and in with Provincial Policy Statements and Guidelines.
Conformity with Provincial Barrie's OP also states that their Official Plan must be "consistent with the PPPS
Plans
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Attachment#_/_to
Information Report# /a-l3
Pickering's Official Plan Review process
The Official Plan Review work plan sets out a study process to amend the
Pickering Official Plan through a series of amendments on various topics and
geographical areas, as illustrated in the diagram below.
Complete Applications
Duffin Heights •
Seaton
Sustainability
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• Environment&Countryside
Growth Plan Conformity&
( Downtown Vision
General Matters/Houskeeping
The initial work plan set out a multi-year study process to amend the Pickering
Official Plan, but the original time frame had to be adjusted a number of times
due to the complex relationship between City, Regional and Provincial initiatives,
delays in the approval of the Region's Growth Plan conformity amendment,
Regional Official Plari Amendment 128 (ROPA 128), and competing priorities.
• The first amendment of the Review(Amendment 17) was adopted by
Council in April 2009. It dealt with powers made available through Bill 51
for complete applications and mandatory pre-submission consultations.
• The second amendment of the Review (Amendment 18) revised the land
use policies and designations for the Duffin Heights Neighbourhood. It
was approved by the Ontario Municipal Board (OMB) in November 2009.
• , The third amendment of the Review (Amendment 22)was to implement
the Central Pickering Development Plan within the Seaton area. It was
approved by the OMB in 2013, and is awaiting approval by Provincial
Cabinet.
• The Growth Plan Implementation process commenced in 2008 but was
put on hold awaiting the approval of the ROPA 128 by the OMB.
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Attachment
Information Report# /a-/3 _
• The Urban Growth Centre conformity process was advanced on its own,
and an Amendment to implement the Downtown Vision is currently being
prepared for Council's consideration in 2014. The remainder of the
Growth Plan Implementation will be restarted in 2014.
• Work on the Environment& Countryside Amendment was undertaken in
2010/2011 but has been delayed due to other priorities, but will now be
completed in 2014.
• Sustainability (Planning Tools for Sustainable Placemaking) is the sixth
main topic of the Official Plan Review, and is the focus of Information
Report 12-13.
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