HomeMy WebLinkAboutInformation Report 21-08INFORMATION REPORT NO. 21-08
FOR OPEN HOUSE ON
October 21, 2008
AND
PUBLIC INFORMATION MEETING OF
November 3,.2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF
THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT: City Initiated Amendment to the Pickering Official Plan
File: OPA 08-002/P
Requirements for Complete Applications and Pre -Submission Consultations
City of Pickering
(Pickering Official Plan Review)
1.0 BACKGROUND
• The Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill
51) introduced a number of changes to the Planning Act including a number
of additional planning and development control tools for municipalities.
• One objective of the current Pickering Official Plan Review is to introduce new
policies to use the additional planning and development control tools for
municipalities made available by Bill 51.
• �� . C1i�_ A11 .11011'
• Among the new powers provided by Bill 51 is the ability of a municipality to
require studies to be submitted at the time that applications are submitted and
to refuse consideration of applications if these studies are not submitted: in
other words, if applications are not 'complete'. This complete application
provision applies to official plan amendments, zoning by-law amendments,
consents, plans of subdivision and plans of condominium. However, since
the Region of Durham is responsible for consents, policies for consents will
not be proposed by the City.
• To avail itself of these powers, the City must include in its Official Plan the
requirements for 'complete' applications. These provisions should document
the information that the City will need to review an application.
01
Information Report No. 21-08
Page 2
02* Although not specifically enabled by the Planning Act (Bill 51), other
municipalities have extended provisions for complete applications in their
official plans to include site plan applications.
Pre -submission Consultations:
• The Act also provides a municipality the ability to require applicants to consult
with it prior to submitting applications for official plan amendments, zoning
by-law amendments, site plan approval, consents, plans of subdivision and
plans of condominium.
• In order to require such pre -consultation, a municipality must pass a by-law to
do so. The Act does not require a municipality to include such provisions in
its Official Plan, nor, does the Act prevent such provisions.
Official Plan Review:
• The Official Plan Review draft workplan sets out a three-year study process to
amend the Pickering Official Plan through a series of seven amendments.
The first amendment listed in that workplan will implement Bill 51 and the
2005 Provincial Policy Statement (PPS, 2005).
• Staff now proposes to take earlier advantage of those Bill 51 powers for
complete applications and mandatory pre -submission consultations by
proceeding with an amendment for this purpose first. The amendment to
implement the remainder of the new powers introduced by Bill 51 and
requirements of the PPS, 2005 will be forwarded using the Council approved
consultation process for the rest of the Official Plan Review once Council has
approved the revised workplan and consultation program.
• Staff is currently reconsidering aspects of the consultation and visioning
aspects of the Official Plan Review program, prior to forwarding a revised
workplan for Council approval.
• Since this amendment is part of the Official Plan Review, the Planning Act
requires that an Open House be held in .addition to the requirement for a
Public Meeting. It also requires that notification of these consultation
meetings include the proposed amendment to the official plan.
• Accordingly, an Open House is scheduled to be held October 21, 2008,
commencing at 7:30 pm, a Public Meeting is scheduled for November 3, 2008,
commencing at 7:30 pm, and a copy of the proposed draft Official Plan
Amendment has been included in the notices mailed to everyone who
requested to be advised of Official Plan Review meetings.
Information Report No. 21-08 Page 3
03
2.0 OFFICIAL PLANS AND ZONING BY-LAW
2.1 Durham Regional Official Plan
• Although the Region of Durham adopted Amendment #114 (ROPA #114) as
a major part of its recent Official Plan Review, the Regional Official Plan does
not provide policy directives for lower -tier municipalities to implement
'complete application' requirements in their Official Plan, or require
'pre -submission consultations'.
• The Region has recently adopted its own official plan amendment and by-law
to require planning applications submitted to the Region (i.e.: Regional official
plan amendments, consents, etc.) to be complete and to require mandatory
pre -submission consultations before applications for Regional approval are
submitted.
2.2 Pickering Official Plan
• Although the current City of Pickering Official Plan provides criteria for
specific studies required to be provided during the consideration of different
types of planning applications, it does not specify that such studies must be
submitted at the time that the applications are submitted to the City. It also
does not currently require a pre -submission consultation for planning
applications.
• Chapter 15 of the current Pickering Official Plan lists various studies that are
required and, in many cases, the specific study requirements.
• In some cases these study requirements need to be revised to conform with
the Greenbelt Plan or ROPA #114: For instance, ROPA #114 applies stricter
permissions `regarding uses in Prime Agricultural Areas. These restrictions
affect issues that should be addressed in required studies that support
applications in Agricultural Areas in the City of Pickering.
2.3 Pickering Zoning By-laws
• The subject Amendment will not have any implications for the Zoning By-law.
2.4 Other Pickering By-laws
The City adopted By-law No. 6763/07 in May, 2007 to delegate to the
Director, Planning &. Development; the authority to deem applications for
approval under the Planning Act as 'complete'.
• A draft by-law to require applicants to consult with the municipality prior to
submission of planning applications is attached to this Information Report as
Attachment #3. Staff will recommend that Pickering City Council adopt such.
a by-law to come into effect at the same time as the proposed official plan
amendment to require complete applications and mandatory pre -consultation
prior to submission of planning applications.
Information Report No. 21-08 Page 4
3.0 DISCUSSION
3.1 Advantages of New Policy Directions
Complete Application
• Requiring specific studies to be submitted as part of a development
application is a tool to strengthen implementation of Provincial policies and
municipal priorities.
• Including such provisions in the Official Plan will offer greater certainty for the
applicants.
• It will also allow City staff to have adequate information and time to
comprehensively assess the merits of an application.
• Requiring studies to be submitted early in the process also contributes to
greater transparency and accessibility to information for stakeholders, as all
documents submitted to the municipality will be available to the public.
• It also front -loads the planning process in that necessary information is
provided up -front, leading more certainty during the process.
• An application would be deemed to be complete when all required information
has been submitted to the City.
• The time periods in which an applicant can appeal to the OMB would not
begin to run until the application is deemed complete by the municipality.
• However, an applicant can bring a motion to the OMB to dispute whether a
notice from the municipality that an application is not complete or whether a
notice has not been received within 30 days of submission of an application is
reasonable.
• In addition, new provisions in the Planning Act restrict evidence before the
OMB to only the information and material that was previously provided to the
municipality with the application. This places the onus on applicants to
ensure that municipalities have all relevant material and expert reports in
support of development applications when submitted. If new information is
still introduced at the OMB, the Board must refer the application back to the
municipal Council to reconsider the application.
Pre -submission Consultation
• Requiring consultation with City staff prior to submission of a planning
application will require earlier engagement with City staff and with agency
staff such as Conservation Authority, the Region of Durham or other
interested agencies, thus allowing staff more time to understand the possible
impact of a proposed development on a. range of possible public policy
concerns.
• It offers an opportunity for City and agency staff and other stakeholders to
identify concerns and issues earlier in the process.
• It also provides City staff with flexibility to scope or add to the standard list of
required studies for a complete application depending on the complexity of
the application and to scale the extent of required studies to the anticipated
impacts of each particular application.
Information Report No. 21-08
3.2 Review of Approaches of Other Municipalities
Page 5
• As Attachment #1 (Table 1 — Complete Applications and Pre -Consultation
Provisions of other municipalities) illustrates, there are a number of interesting
similarities amongst the approaches of other municipalities to complete
application requirements.
• Most municipalities have chosen to include pre -submission meeting
requirements. in their official plans even though it is not required by the
Planning Act. In many cases they have linked that requirement with the
complete application requirements.
• As well, many municipalities have used the pre -submission requirements to
both scope the list of required studies as well as add to the list of studies.
This approach has a great deal of merit, as the scale, impacts and complexity
of each application varies and as such the number and type'of studies will
vary as well.
• In terms of the studies required as part of a complete application, most
municipalities list those studies in their Official Plan, while a few include them
in separate schedules or appendices.
• There are generally two different approaches to the list of studies themselves:
one is to use a standard list of studies for all applications and rely on the
scoping provisions to tailor the study requirements; and the other is to have
separate lists for each type of application. Staff recommends the former
approach for Pickering.
• Not discussed in Table #1, but a requirement of many of the municipal official
plan amendments is the requirement that applicants agree to pay for peer
reviews of the applicant studies and legal support of an applicant's case at
court or the OMB. This is becoming a standard practice throughout Ontario,
and there is merit in clarifying the intent of the City of Pickering in this regard
in the Official Plan.
3.3 The Proposed Pickering Official Plan Amendment
• The proposed amendment is attached to the written notices of the Open
House and Statutory Public Meeting sent to City Councillors and staff,
agencies and utilities and anyone who requested notice of any Official Plan
Review matters. The proposed amendment, including informational revisions
and policy changes to the Pickering Official Plan is attached to Information
Report No. 21-08 as Attachment #3.
• The purpose, location and basis of the proposed Amendment and
Informational Revision explain that changes are proposed in order to
implement new powers provided by Bill 51 to require that planning
applications be complete when submitted and include all required information
and studies as determined at a mandatory pre -submission consultation
meeting with City staff and interested agencies. This applies to applications
to amend the official plan or zoning by-law and for plans of subdivision and
condominium and site plan approval. This provides a standard list for all
applications to be scoped at the pre -submission consultation meeting.
05
Information Report No. 21-08
Page 6
• Items 1 and 2 of the proposed amendment include revisions to several
informational paragraphs that precede the policy sections. Informational side
notes are proposed to be amended for most of the policy sections.
• Although the Planning Act does not require a municipality to include
provisions to require a pre -submission consultation in the Official Plan, a
number of municipalities have done so, largely to make it clear to applicants
of the municipalities requirements. Including it in the Official Plan also gives
the municipality the ability to scope the studies that are required under the
complete application provision. This has been added as section 15.2 as
shown in Attachment #2 (also see Attachment #3 for the draft by-law to
require pre -submission consultations).
• Item 3 requires that applicants pre -consult with City staff to establish which
studies must be submitted with their planning applications and that additional
studies may also be required later, during the processing of applications.
• Item 4 lists the types of information that must be submitted with the
application, including a completed application form, record of the
pre -submission consultation meeting, all required fees, a peer review and
legal fees agreement and all required studies.
• Item 5 specifies that applications will be deemed complete once all required
items are submitted to the satisfaction of the City.
• Item 6 lists up to 30 possible types of studies that may be required to
accompany applications, with the studies required for each specific
application determined and scoped in the mandatory pre -submission
consultation meeting with staff.
• Some existing policy sections that address agricultural reports and rural
servicing studies refer to applications for settlement expansions (Sections
15.6 and 15.7) that are no longer permitted by the Growth Plan for the
Greater Golden Horseshoe. Other sections need to be brought into
conformity with the Greenbelt Plan, Provincial policy and Regional policy in
terms of their wording and scope. Items 7 and 8 of the proposed amendment
address these conformity issues.
• Item 7 provides the criteria/objectives for required agricultural reports; while
Item 8 provides the objectives required for site suitability studies required for
proposals for non-agricultural uses in rural areas.
• The Greenbelt Plan provides a minimum distance for development or site
alteration adjacent to key hydrologic and key natural heritage features that
are located within the Natural Heritage System of the Greenbelt Plan. In such
instances, a natural heritage evaluation and hydrological evaluation is
required. Policy change is required to add these studies in addition to an
Environmental Report. Items 9 to 13 of the proposed amendment addresses
these conformity issues.
• Items 9, 10 and 11 explain the criteria for environmental reports while Item 12
introduces requirements for natural heritage and hydrological evaluations for
features within Natural Heritage System lands designated in the Greenbelt
Plan. Item 13 provides a minor exception for farm related buildings.
Information Report No. 21-08 Page 7
07
• Item 14 continues existing required elements to be addressed in an
environmental report.
• Item 15 revises technical wording for studies that would assess the impact of
lands close to known waste disposal sites.
• Item 16 introduces minor technical revisions to current provisions for
environmental site assessments of lands suspected of being contaminated.
• Items 17 and 18 revise wording to add light and safety studies to current
requirements for impact studies whenever noise, vibration, dust and odour
are generated or new or expanded uses are proposed within the impact areas
of such nuisances. Item 19 proposes the inclusion, in an earlier section of the
official plan, of light, as a matter that can impact the enjoyment of people's
properties.
• Finally, Item 20 clarifies that the need for retail impact studies will also be
determined through the pre -submission consultation meeting with City staff.
3.4 Other Implications
• The City should prepare standard terms of reference for studies not currently
addressed in the Official Plan. Such terms of reference lead to products that
meet the requirements of City and agency staff and address an appropriate
level of technical analysis. This can lead to more responsive applications and
quicker application review times.
• It is also recommended that the City prepare a standard fees agreement to
require that the costs of any necessary peer reviews of required studies or
legal and related consulting costs for City support of an application at a court
or the Ontario Municipal Board are paid by the applicant.
• The peer review cost agreement may be triggered for many of the studies that
may be submitted since the City does not have the expertise to review studies
such as environmental, hydrogeology and some other types of studies.
Outside consulting assistance may be required to review such studies. The
application fees however are not sufficient to cover the costs of retaining
outside consulting assistance.
• Requiring an applicant to enter into a fees agreement to cover peer review
costs as part of the complete application requirements provides the City with
resources necessary to undertake a thorough and complete review of each
and ever application.
• Staff will consider whether a fee should be charged for the pre -submission
consultation meetings and protocol established for scheduling and other
administrative aspects of such meetings.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
None received to date;
Information Report No. 21-08
4.2 Agency Comments
None received to date;
4.3 City Department Comments
None received to date;
5.0 PROCEDURAL INFORMATION
5.1 Official Plan Amendment Approval Authority
Page 8
Region of Durham approval of this City initiated amendment will be required,
as this is part of an official plan review.
5.2 General
• Written comments regarding this proposal should be directed to the Planning
& Development Department;
• Oral comments may be made at the Public Information Meeting;
• All comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a. subsequent
meeting of Council or a Committee of Council;
• If you wish to reserve the option to appeal the decision on this Amendment,
you must provide comments to the City before Council adopts any by-law for
this proposal;
• If you wish to be notified of Council's adoption of any official plan amendment,
you must request such in writing to the City Clerk.
6.0 OTHER INFORMATION
6.1 Attachments
1. Table 1: Complete Applications and Pre -submission Consultation
approaches of other municipalities
2. Draft Informational Revision and Official Plan Amendment
3. Draft By-law to require pre -consultation
Steve Gaunt, MCIP, RPP Catherine Rose, MCIP, RPP
Principal Planner—Policy Manager, Policy
SG:jf
Attachments
Copy: Director, Planning & Development
ATTAGHME I i1.I.T6
TABLE 1
COMPLETE APPLICATION
.►I
PRE -SUBMISSION CONSULTATION
APPROACHES OF OTHER
MUNICIPALITIES
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1 4 ATTACHMENT# ATO
INFORMATION REPORT# Q21-05?
DRAFT AMENDMENT
AND
INFORMATIONAL REVISION
TO THE
CITY OF PICKERING
OFFICIAL PLAN
ATTACHMENT #2 TO INFORMATION REPORT # 21-00
Draft Amendment & Informational Revision to the City of Pickering Official Plan
15
PURPOSE: The purpose of this Amendment and Informational
Revision is to change policies and informational text
of the Pickering Official Plan to set out the
requirements. for complete applications and for
mandatory pre -consultation before submission of
applications for Official Plan amendments, Zoning By-
law amendments, plans of subdivision and plans of
condominium, in accordance with Sections 22(5),
34(10.2), and 51(18) of the Planning Act, R.S.O. 1990
c. P.13.
The amendment also sets out requirements for
complete applications and mandatory pre -
consultations for site plan applications.
LOCATION: This amendment applies to all lands within the City of
Pickering.
BASIS: On January 1, 2007, the Planning Act was amended
by Bill 51, the Planning and Conservation Land
Statute Law Amendment Act, 2006 to provide a
numberof additional planning and development
control tools for municipalities.
Among these is the ability of a municipality to require
studies to be submitted at the time of application and
to refuse consideration of an application if these
studies are not submitted; in other words, if the
application is not 'complete'. However, in order to
avail itself of these powers, the municipality must
include provisions in the Official Plan relating to the
requirements of a 'complete application'. These
provisions are to document the information or material
that the municipality considers it may need in order to
review the full range of matters relevant to an
application. This complete application provision
applies to Official Plan Amendments, Zoning by-law
amendments, plans of subdivision and plans of
condominium. This amendment also requires a
complete application provision for site plan
applications.
1
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
h
In addition, Bill 51 introduced provisions permitting a
municipal council, by by-law, to require applicants to
consult with the municipality prior to submission of a
planning application. City Council has passed such a
by-law, and this Amendment proposes to add a policy
to the Official Plan to provide for mandatory pre -
consultation for planning applications for Official Plan
amendments, Zoning by-law amendments, plans of
subdivision, plans of condominium and site plan
approvals.
UNDERLINED = NEW TEXT
STRIKEOUT =DELETED TEXT
UNCHANGED = RETAINED TEXT
PROPOSED
AMENDMENT AND
INFORMATIONAL
REVISION:
Chapter Fifteen — Development Review, of the Pickering
Official Plan be amended by:
1.. On page 287, by Informational Revision, amending
paragraph three by adding the words "to constitute a
complete application" to the end of the first sentence,
deleting and replacing the remainder of the
paragraph, as follows:
"This Chapter outlines the various reports that are required
to be submitted in conjunction 'with a development
application
ef matter -9 depending of the "e of proposal and its le
planning aealysis of the benefits and impaeo of the propesa-1,
st retail market analysis, ft gretindwater study-, a noise i .
to
constitute a complete application. An application would be
deemed to be complete when all required information as set
out in this Chapter has been submitted to the, City. A
standard list of required studies is provided for all
development applications. However, during the pre-
submission consultation with the applicant, staff may advise
of studies from the standard list that would not be required
or may be scoped in extent, or may request additional
information dependent on the complexity of the application."
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
17
On Page 289, by Informational Revision, deleting
paragraph one of "Supporting Reports' in its entirety
and replacing it with the following:
• . Deleting the existing Informational paragraph:
• Adding the following new- Informational
paragraph:
"An application is deemed complete when all of the
teouired. items and supporting reports provided in
sections 15.2 to 15.14 are submitted. The policies in
this section detail specific requirements for the
submission of various supporting reports. Other
reports may be required by other sections of this
Plan."
Deleting policy section 15.2 in its entirety, including
the Informational side note and replacing with new
Informational side note and new policy section 15.2
as follows:
Deleting the existing Informational side note:
"GI Ty nr •ry
--crrrrnvrnv:-
Deleting existing section 15.2:
"Gotta—of
eenjunefien with development appheadens,
teperts asseeiated with one
sueh as transportation, noise, ,
tee"
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
• Adding the following new Informational side
note:
"CITY POLICY
Pre-mbmission Consultation"
• Adding the following new policy section 15.2:
"15.2 City Council shall require applicants to re-
consult with the municipality prior to
submitting an application for an official plan
amendment, zoning by-law amendment- draft
plan of subdivision, draft plan of condominium
or site plan approval. The pre -submission
consultation meeting will be held with the
applicant City staff and any other government
agency or public authority that the City
determines appropriate. At the pre -submission
consultation meeting;
(a) the list of required studies set out in sections
15.5A or 15.513 may be scoped depending on
the nature of the application. The City, in
consultation with applicable agencies may
also prepare terms of reference for any of the
required studies which would set out the
required study information, analysis and
recommendations; and
(b) additional studies may be determined
necessary for submission with the
application based on the nature of the
application."
4. Deleting policy section 15.3 in its entirety, including
the Informational side note, and replacing with the
new Informational side note and new policy section
15.3, as follows:
• Deleting existing Informational side. note:
0
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
19
Deleting existing policy section 15.3:
Adding the following as an Informational side
note:
"CITY POLICY
Co&ipfeie Application"
Adding the following new policy section 15.3:
1(15.3 Citv Council shall not accent an aoplicati_on_for
an official plan amendment, zoning by-law
amendment draft plan of subdivision draft plan
of condominium, or site plan approval until the
following has been submitted to the City:
(a) a complete application form;
(b) any information or materials prescribed by
statute and regulation;
(c) a record of pre -submission consultation;
(d) the prescribed application fee(s).
(e) a fees agreement with the City to cover all
required peer review costs as referred to in
Section 15.4 as well as legal and consulting
costs incurred by the City where the Citv
appears at the Ontario Municipal Board or
in Court in support of the application;
(f) all studies set out in Section 15.5 for an
official plan amendment, zoning by-law
amendment, draft plan of subdivision and
draft plan of condominium application; and
(g) all studies set out in Section 15.6 for a site
plan application."
5. Renumbering policy section 15.4, in its entirety, and
moving it to appear in the new policy section 15.5C,
below, and deleting the Informational side note to
existing policy section 15.4. Replacing policy section
15.4 with the following new policy section 15.4,
including a new Informational side note, as follows:
20
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
Deleting existing Informational side note to
policy section 15.4:
"GiTy POUG
sg Reoordfawd'Ahaw f -
Add the following new Informational side note:
"CITY POLICY
Peer Review of Required Studies"
Adding the following new policy section 15.4:
"15.4 City Council shall require all of the matters set
out in Sections 15.3 15.5A and/or 15.5B to be
completed to the satisfaction of the City prior to
the City accepting the application as complete.
Once an application is deemed complete City
Council a) may require a peer review by a
qualified consultant of any of the studies
required in sections 15.5A and 15.513• and b) will
retain the peer reviewer at the applicant's
expense in accordance with a fees agreement as
provided for in Section 15.3 (e) and c) will retain
appropriate professionals to support the
municipal decision at the Ontario Municipal
Board, or in Court."
6. Deleting policy section 15.5, in its entirety, along with
its Informational side note, and replacing it with a new
Informational side note and a new .policy section
renumbered as policy section 15.5A. Introducing a
new Informational side note and a new policy section
15.56. Renumbering existing policy section 15.4 as
new policy section 15.5C, as follows:
Deleting existing Informational side note, as
follows:
ATTACHMENT 92 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
Deleting existing section 15.5, as follows:
21
"15.5 When considering appliestions to amend this
Plan, in _dant:,._ to other deyel,..._ ent
requirements, City "Gouneil shall eon idef--the
accordingly,overall benefit to -the eaminunity ef the prepesal-,
Goutteil shall,
Adding the following new Informational side
note:
"CITY POLICY
Rice wired Studies for an O6ricial Plan Amendment, Zoning By-law
Anrendnreni DraLl Plan of Subdivision and Draft Plan of
CondominiumAompal"
Adding the following new policy section 15.5A:
"15.5A Citv Council shall require the follo_win
materials and studies prepared by qualified
experts, as scoped or expanded as a result of the
pre -submission consultation required by
section 15.2, to be submitted at the time of
application for an official plan amendment
zoning by-law amendment, draft plan of
subdivision, and draft plan of condominium
approval:
(i) a planning rationale report" which
considers the overall benefit to the
community and evaluates the proposal
against the relevant goals, objectives,
policies and general purpose and intent of
this Plan, the Regional Official Plan, the
Provincial Policy Statement, the Growth
Plan for the Greater Golden Horseshoe,
the Oak Ridges Moraine Conservation
Plan and the Greenbelt Plan where
applicable;
(ii) a transportation study
(iii) a shadow study;
fv)v) a wind study
WA
idments
Lnd
that are eentrary to
the goals, objectives,
and general purpose
and intent of this
n
Adding the following new Informational side
note:
"CITY POLICY
Rice wired Studies for an O6ricial Plan Amendment, Zoning By-law
Anrendnreni DraLl Plan of Subdivision and Draft Plan of
CondominiumAompal"
Adding the following new policy section 15.5A:
"15.5A Citv Council shall require the follo_win
materials and studies prepared by qualified
experts, as scoped or expanded as a result of the
pre -submission consultation required by
section 15.2, to be submitted at the time of
application for an official plan amendment
zoning by-law amendment, draft plan of
subdivision, and draft plan of condominium
approval:
(i) a planning rationale report" which
considers the overall benefit to the
community and evaluates the proposal
against the relevant goals, objectives,
policies and general purpose and intent of
this Plan, the Regional Official Plan, the
Provincial Policy Statement, the Growth
Plan for the Greater Golden Horseshoe,
the Oak Ridges Moraine Conservation
Plan and the Greenbelt Plan where
applicable;
(ii) a transportation study
(iii) a shadow study;
fv)v) a wind study
WA
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City. of Pickering Official Plan
v) a statement of compliance with heritage
conservation designation or conservation
district policies;
(A) an archaeology assessment;
(vii) a functional servicing study addressing
municipal water and wastewater servicing.
For smaller site-specific applications a
site servicing study may be required in
lieu of a functional servicing study,
(viii) a drainage and stormwater management
study, including preliminary grading
(ix) a flood plain impact engineering study as
referred to in subsection 15.31(tl)
(x) an agricultural report as referred to in
section 15.6;
(xi). a site suitability study as referred to in
section 15.7;
(xii) an environmental report as referred to in
section &%
(xiii) a natural heritage evaluation as referred to
in subsection 15.9%
(xiv) a hydrological evaluation as referred to in
subsection 15.9;
(x a hydrogeology and water budget study
(xvi) an impact study on potential aggregate
extraction as referred to in subsection
10.8(b)
(xvii) an aggregate extraction assessment study
as referred to in subsection 10.8(b) and
sections 15.33 and 15.35
(xviii)an assessment of lands within 500 metres
of a Known Waste Disposal Site as
referred to in section 15.12A
(xix) a Phase I environmental site assessment
and a Phase II environmental site
assessment if the Phase I environmental
site assessment shows potential for
contamination, as referred to in section
15.12B-
(xx) a_�aste disposal community impact study
as referred to in section 15.36;
(xxi) a noise study as referred to in subsection
15.13(a);
(xxii) a vibration study as referred to in
subsection 15.13(c);
(xxiii)a dust and/or odour study as referred to in
subsection 15.13(b);
(xxiv) a .lighting study as referred to in section
1513•
(xxv) a retail impact study as referred to in
section 15At
(xxvi) a sustainable development report;
ATTACHMENT #2 TO INFORMATION REPORT # 21.08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
23
(xxvii) an urban design brief which indicates
how relevant development and/or urban
design guidelines and related policies of
this Plan are proposed to be
im lementedt
(xxviii) a financial impact study;
(xxix) an architectural design study, and
(xxx) a railway corridor safety study."
Adding the following as a view Informational
side note:
"CITY POLICY
Required Studies for Sile Plait AarovaP'
Adding the new policy section 15.513, as
follows:
"15.513 Citv Council shall require the followin
materials and studies prepared by qualified
experts, as scoped or expanded as a result of the
pre -submission consultation provided for by
section 15.2 to be submitted at the time of
application for site plan approval:
(i) a transportation study;
(ii) a shadow study;
(iii) a wind study
(Tv) a statement of compliance with heritage
conservation designation or conservation
district policies;
(_v) an archaeology assessment;
(vi) a site servicing study addressing
municipal water and wastewater servicing;
(vii)_, a drainage and stormwater management
study, including preliminary grading:
(viii) a floodplain impact engineering study as
referred to in subsection 15.31(fl:
(ix) a grading planz
(x) a landscape plan
xi an agricultural report as referred to in
section 15.6
(xii) a site suitability study as referred to in
section 15.7
(xiii) an environmental report as referred to in
Section 15.8;
(xiv) a report demonstrating compliance with
the Oak Ridges Moraine Conservation
P1
(xv) an assessment of lands within 500 metres
of a Known Waste Disposal Site as
referred to in section 15.12A;
ATTACHMENT #2 TO INFORMATION REPORT it 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
(xvi) a Phase I environmental site assessment,
and a Phase II environmental site
assessment if the Phase I environmental
site assessment shows potential for
contamination as referred to in section
15.12B and if warranted a record of site
conditions
(xvii) a waste disposal community impact study
as referred to in subsection 15.36•
(xviii)a noise study as referred to in section
15.13(a)
(xix) a vibration study as referred to in section
15.13(c);
(xx) a dust and/or odour study as referred to in
section 15.13(b);
(xxi) a lighting study as referred to in section
15.13(b);
(xxii) a sustainable development report;
(xxiii)an urban design brief which indicates how
relevant development and/or urban
design guidelines and related policies of
this Plan are proposed to be implemented;
(xxiv)an architectural design study.
(xxv) a construction management plan; and
(xxvi) a railway corridor safety study."
• Renumbering existing policy section 15.4 as
policy section 15.5C, inserting here, and
amending as follows:
"15.5C City Council, in considering any supporting
report or management plan, shall consult
with the relevant conservation authority,
provincial ministry, regional department, and
other relevant group or agency on the
appropriateness and approval of the report or
plan"
7. Deleting .existing policy section 15.6, in its entirety,
including the informational side note and replacing
with the following new policy section 15.6 and new
Informational side note, as follows:
• Deleting existing Informational side note to
section 15.6, as follows:
WN NONFUMM.
10
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
25
• Deleting existing policy section 15.6 as follows:
"15.6 1n.aeeordanee with seetiefts 2.26 and 2.30 of this
the rueal area and expansions to e3dstift
settlements, and may designate ne
settlemen this Plan; when
by the ,'
,_,_ a_-._,_
aPP}i�—�.�.o
seedeft 55
(a)
(b) an Environments!
the
proposed use ot
settlement,the
(0 will net a&versely
funetion of
affeet
natutal
the quality,
features
e
and
apptepiiate itt terms
ef
its form,
water
usage and sewage
disposal."
Adding a new Informational side note:
"CITY POLICY
Agricultural Areas: Sorting Information to Permit Non-
AWatltural Uses'
I
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
• Adding a new policy section 15.6, as follows:
1115.6 When considering applications for non-
agricultural uses on lands designated
Agricultural Areas, Open Space System or Oak
Ridges Moraine Countryside Areas by this Plan
or for the expansion of livestock facilities, City
Council shall require an Agricultural. Report
prepared by a qualified expert. The Agricultural.
Report shall demonstrate, to the City's
satisfaction, that the proposed use or lot
(a) complies with the minimum distance
separation policy
(b) minimizes impacts on surrounding
agricultural operations and lands to the
extent feasible:
(c) a need for additional lands to be designated
to accommodate the proposed use•
(d) that the use or lot is not located on lands
which comprise specialty crop areas,
(e) that there are no reasonable alternatives
which avoid agricultural areas, and
(f) that there are no reasonable 'alternative
locations in agricultural areas with lower
priority gricultural lands."
8. Amending policy section 15.7, including its
Informational side note, as follows:
• Amending Informational side note to policy
section 15.7, as follows:
ar�mv nnr rnv
�z
Rural - °W,is Anat
Supporting Injormation jo
Non Agricultuml Uses"
12
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
27
Amending policy section 15.7, as follows:
Greenwood,"IS.? in aeeerd%nee with seetiens 2.32 and 14.2(h) e
this Plan, Gity council may permit mine
te the hamlets of
K—in-qnle and Balsam without amendment te the
Gouneil shall require, in addition te any ethe
appheations to be aeeempanie
When considering the approval of non-
agricultural uses in the Rural Area City Council
shall require a site suitability study prepared by
qualified experts. The site suitability study shall
demonstrate to the satisfaction of the City, in
consultation with other relevant agencies, that:
(a) the development will have an adequate
supply of potable water and soil conditions
are satisfactory for the effective operation of
a private waste sewage system on each
proposed lot; and
(b) there will not be any adverse impacts on the
supply of water or the soil and groundwater
conditions of adjacent properties."
Deleting the Informational side notes to existing policy
sections 15.8 and 15.9 and replacing with a new
Informational side note to. revised policy section 15.8,
as follows:
Deleting Informational side note of policy 15.8,
as follows:
Deleting Informational side note of policy 15.9,
as follows:
Adding a new Informational side note for the
revised policy section 15.8, as follows:
"CITY POLICY
13
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
Environmental Reports Required"
10. Renumbering policy section. 15.9 as section 15.8 (a)
and amending new policy section 15.8 (a) as follows:
"15.8 City Council,
(a) using Appendix II to this Plan as a guide,
shall for major development, and may for
minor development, as determined through
a pre -submission consultation in Section
15.2, require the submission and approval of
an Environmental Report as part of the
consideration of a development application
or a public infrastructure project; and,"
11. Renumbering policy section 15.8 as section 15.8 (b)
and amending as follows:
(b) despite s«non. 15.91 the Guidelines in
Appendix II, may, through the pre-
submission consultation in Section 15.2,
require the submission and approval of an
Environmental Report as part of its
consideration of any other development
application or public infrastructure project.
12. Adding new policy section 15.9, as follows:
"15.9 City Council,
for development or site alteration within 120
metres of a key ydrologic feature or within 120
metres of a key natural heritage feature located
within the Natural Heritage System of the
Greenbelt Plan shall require a natural heritage
evaluation and hydrological evaluation to be
prepared by qualified experts. For development
adjacent to a key natural heritage features
located outside of the Natural Heritage System
but within the Protected Countryside of the
Greenbelt Plan, the policies of section 15.8 (a)
shall apply."
13. Amending policy section 15.10 and amending its
Informational side note such that the Informational
side note and policy section 15.10 reads as follows:
14.
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan 29
• Amending Information side note, as follows:
"CITY POLICY
Environmental Reports: Exeeption Exem tion for Agricultural Uses"
Amending policy section 15.10, as follows:
15.10 Despite Section 15.8 (a), agricultural uses
including the construction of farm related
buildings are exempted from the requirements
of sections 15.8 (b) and 15.9, except for uses
adjacent to Known Waste Disposal Sites, and
subject to the policies of sections 15.8 (b) and
15.12A."
14. Amending line 3 of the first paragraph of policy
section 15.11 to remove reference to policy section
15.9, as follows:
15.11 City Council shall require that the
Environmental Report submitted in accordance
with sections 15.8 and 15.9 include at least the
following:
15. Renumbering subsection (i) of policy 15.11 as new
policy section 15.12A, amending policy section
15.12A and adding a new Informational side note, as
follows:
Adding as an Informational side note for section
15.12A, the following:
"CITY POLICY
Supporting Information for Lands within 500 metres of a Known.
Waste Disposal Site"
• Amending the renumbered policy section 15.12A
as follows:
Council shall require, for lands on or within 500
metres of a Known Was to Disposal Site, City
Goufteil shall require an the assessment should
of risks from landfill gases and leachate, to the
satisfaction of the City, that:
15
ATTACHMENT 82 TO INFORMATION REPORT # 21.08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
(i)(a)be is carried out by a qualified engineer;
(ii)(b)examines the potential affects of the
waste disposal site on the proposed
development; and
(iii)(c)makes recommendations on the
construction and phasing of development to
ensure the implementation of the Report's
recommendations including monitoring for
lands on or within 500 metres of a Known
Waste Disposal Site.".
16. Renumbering policy section 15.12 as section 15.12B,
deleting the existing Informational side note for
existing policy section 15.12 and replacing with a new
side note for new policy section 15.12B, as follows:
• Deleting existing Informational side note for
section 15. 12, as follows:
1 GITpeLIGY
r;...,.._.._...._, 4. ,,....
• Adding as an Informational side note for
section 15.12B, the following:
"CITY POLICY
Envimrrmental Site Assessment"
• Amending renumbered policy section 15.128,
as follows:
"15.12B On lands suspected of being contaminated (for
example: sites where filling has occurred; lands
used for industrial, transportation or utility
purposes; certain commercial properties such as
gas stations, auto repair garages and dry
cleaning plants), City Council shall,
16
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan 31
(a) require the proponents of development to
complete prior to any approvals for the site
an - - -�-' -audit a Phase I
environmental site assessment and a Phase
II environmental site assessment if the
Phase I environmental site assessment
shows potential for contamination, in
accordance with provincial guidelines and
legislation as may be amended from time to
time, to identify any on-site contamination,
and following completion of the audit
assessment, should contamination be found,
requite the restoration of the site to a
condition suitable for the intended uses,
before permitting the establishment of the
uses; and
(b) prohibit residential uses on lands previously
used for automobile repairs, for service
stations, for fuel storage, or for the disposal
of construction waste or debris unless • the .
site is first restored in accordance with
provincial guidelines and legislation as may
be amended from time to time.
17. Revising the Informational side note to policy section
15.13, as follows:
"CITY POLICY
Noise, Vibration, Dust, Li ht Sa a and Odour Studies"
18. Revising policy section 15.13 as follows:
15.13 On lands affected by noise, vibration, dust,
light, safety concerns and/or odours, City
Council, shall require a the proponent of
sensitive land uses to complete a an noise.
impaet appropriate study, prepared by a
qualified evert as specified in subsections al,
b), and c) below to the satisfaction of the City in
consultation with relevant agencies, as follows:
(i) {a) on lands affected by noise, if the
proposed development is for proposals
for new sensitive land uses within 300
metres of a railway right-of-way or an
arterial road and for proposals for new
land uses (including, but not limited to,
commercial and industrial uses) that
may introduce new sources of noise
adjacent to sensitive land uses Citv
Council shall require the proponent to
complete a noise study, and
17
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
(i) shall require appropriate measures
to mitigate any adverse effects from
the noise identified by the study,
and
(ii) shall only permit development if
attenuation measures satisfactory to
the City are undertaken to prevent
or mitigate adverse impacts, which
measures may include, but not be
limited to berming, fencing and the
imposition of building setbacks to
be undertaken as a .condition of
approval.
(b) for proposals for new sensitive land uses in
proximity to sources of dust, light, and/or
odours, and for proposals for new land
uses that may introduce or increase existing
light, dust or odours City Council shall
require the proponent to complete .an
appropriate dust, light, and/or odour
analysis and
(i) shall require appropriate measures to
mitigate anv adverse effects from the
dust, light, and/or odours identified by
the study, and
(ii) shall only - permit development if
attenuation measures satisfactory to the
City are undertaken to prevent or
mitigate adverse impacts, which
measures may include but are not
limited to: buffering or imposition of
separation distances between the
respective land uses to be undertaken as
as condition of approval.
approval.
18
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
33
(c) shag require the propeneht ef development
proposed ent is for proposals that
would introduce new sensitive uses on lands
within 75 metres of a railway right-of-way,
asd City Council shall require the proponent
of development to complete
(i) a vibration impact study, and shall
require appropriate measures to
mitigate any adverse effects from the
vibration identified by the study, and
(ii) a railway corridor safety study and shall
require that all proposed development
adjacent to railways, provides
appropriate safety measures such as
setbacks, berms and security fencing to
the satisfaction of the City, in
consultation with the appropriate
railway.
19. ' Amending Information side note and policy section
10.22 (page 140) to add the effect of light as a
concern, as follows:
• Amending Informational side note as follows:
CITY POLICY
Noise, Vibration, Dud, Light and Odour
• Amending policy section 10.22 as follows:
"10.22 City Council recognizes that people's normal use
and enjoyment of property may be affected by
unacceptable levels of noise, vibration, dust, fight
and/or odours; accordingly, Council shall require
proponents of affected developments to
adequately address noise, vibration, dust, light
and/or odours, and where necessary, to
incorporate into such developments, appropriate
mitigation measures as may be specified in a
required analysis (see section 15.13).
20. Revising policy section 15.14 to introduce the need
for a pre -submission consultation and to separate the
required issues that a retail impact study is to address
into subsections i) and ii), as follows:
19
3
ATTACHMENT #2 TO INFORMATION REPORT # 21-08
Draft Amendment & Informational Revision to the City of Pickering Official Plan
15.14 Outside of the Downtown Core, City Council, in
the review of development proposals for new or
expanded gross leasable floor space for the
retailing of goods and services, (a) shall for the
development of 2,500 square metres or greater of
floor space, and (b) may for the development of
less than 2,500 square metres of floor space, as
determined through a pre -submission
consultation in Section 15.2, require a retail
impact study,
(i) to justify the proposed floor space for the
retailing of goods and services, and
(ii) to demonstrate that such additional floor
space will not unduly 'affect the viability of
any lands designated or developed for the
retailing of goods and services.
IMPLEMENTATION: The provisions set forth .in the Pickering Official Plan,
as amended; regarding the implementation of the
Plan shall apply in regard to this Amendment.
INTERPRETATION: The provisions set forth in the Pickering Official Plan,
as amended; regarding the interpretation of the Plan
shall apply in regard to this Amendment.
20
ATTACHMENT#___�_To
WORPAMON REPGaT# a_ I -62 35
DRAFT BY-LAW
TO REQUIRE
PRE -SUBMISSION
CONSULTATION
ATTACHMENT#-2—TO
36 INFOR.n��'MOMMFPORT# —6
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO XXX/08
Being a by-law to require consultation with the City prior to submission of
applications for official plan amendments, zoning by-law amendments, site plans
and plans of subdivision.
WHEREAS Subsections 22(3.1), 34(10.0.1), 41(3.1) and 51(16.1) of the Planning Act,
R.S.O. 1990 c.P.13 authorize municipalities to pass by-laws to require land use
planning applicants to consult with the municipality before submitting applications for
official plan amendments, zoning by-law amendments, site plans and plans of
subdivision;
WHEREAS Council wishes to have applicants discuss the merits of planning
applications with City staff before the applications are submitted to the City, to ensure
that the appropriate studies and other requirements are completed to the satisfaction of
the City, prior to final submission;
AND WHEREAS Council wishes to provide City staff with an opportunity to determine
and provide advice about City submission requirements, and identify to the applicant
which agencies and senior levels of government will need to be consulted before an
Application is deemed complete;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. Applicants shall consult with the City's Planning & Development Department prior
to submitting requests to amend the City's Official Plan or zoning by-laws, and
prior to submitting applications for site plans and plans of subdivision approval.
2. Planning. applications submitted to the City prior to a required consultation
meeting will not be accepted as Planning Act applications or processed by the
City until after the consultation meeting.
3. If an applicant is proposing to, or is required to, submit more than one
application for planning approval in support of a single development proposal, a
single meeting with Planning & Development staff can satisfy the requirement to
consult.
ATTACHMEdTo _To
INFORMATION r,2Fi}TTO ^7 f Q
-2-
37
BY-LAW reada first, second, and third time and finally passed this day of
2008.
David Ryan, Mayor
P
Debi A. Wilcox, City Clerk