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