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HomeMy WebLinkAboutPLN 09-22Report to Planning & Development Committee Report Number: PLN 09-22 Date: February 7, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Ministry of Municipal Affairs and Housing - Site Plan Control Guide - File: D-3900 Recommendation: 1. That Report PLN 09-22 of the Director, City Development & CBO, providing a review of the Site Plan Control Guide distributed by the Ministry of Municipal Affairs and Housing, be received for information. Executive Summary: On October 4, 2022, City Council, through Resolution #672/21, requested that City Development staff review the Site Plan Control Guide, prepared by the Ministry of Municipal Affairs and Housing (MMAH) (see Attachment #1), and report back with any recommendations to the City’s site plan review process. The MMAH site plan control guide was published to provide information on the site plan control process and to provide information to municipalities on efficiencies that are available to streamline the review process. The MMAH Site Plan Control Guide was reviewed with the members of the Site Plan Committee. Through those discussions, it was determined that the City's Site Plan Control review process would benefit from greater clarity on what is involved in this process, and to provide greater access to the public on submitted applications. While not a specific recommendation in the MMAH Site Plan Control Guide, staff agree with the committee that increased access to information on submitted applications would assist residents in understanding what is proposed within their community. City staff will be reporting back to the Site Plan Committee on recommended platforms to display this information. City Development staff have reviewed the Site Plan Control Guide and are pleased to confirm that City’s current Site Plan Control review process utilizes most of the tools recommended in the MMAH site plan control guide, save and except the online tracking portal and community permit system. Staff are in the early stages of creating an online portal system, starting with building permit applications. Staff will consult with the Site Plan Committee on the development of the online platform for site plan applications. Financial Implications: The recommendations of this report do not present any financial implications. Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 2 1. Background On October 21, 2021, Council passed Resolution #672/21 directing the following: 1. That Corr. 42-21, from Steve Clark, Minister of Municipal Affairs and Housing, dated September 9, 2021, regarding the Site Plan Control Guide, be received; and 2. That Corr. 42-21 be referred to the Site Plan Control Committee and relevant Planning staff, with direction to review the Site Plan Control Guide and report back to Council with recommendations pertaining to any changes/enhancements that may be required in the Site Plan Review process, no later than the January meeting of Council. 2. Ministry of Municipal Affairs and Housing (MMAH) – Site Plan Control Guide In September 2021, the Ministry prepared and distributed a Site Plan Control Guide (see MMAH Site Plan Control Guide Attachment #1) to provide an overview of the site plan control process, and to provide municipalities guidance on administrative improvements to make the site plan process more efficient and to minimize delays. The City Development Department has reviewed the Site Plan Control Guide with the intent to examine the suggested improvements, to review them against our current practices, and to provide recommendations. The Site Plan Control Guide contains explanatory information and recommendations on early consultation, guidance materials, a delegation of authority, electronic submissions/permitting, and a review of the Community Planning Permit System as an alternative process to site plan control. This report is intended to address each of these areas concerning current City practice, and to identify staff recommendations for any improvements the City should consider exploring. 3. What is site plan approval? Site plan control is a planning tool provided to municipalities under the Planning Act. The site plan control process allows municipal staff to review and approve the following development details to the satisfaction of the City, the Region, and other commenting agencies: • Building siting and site design; • Building massing; • Vehicular access location; • Driveways, curbing, and traffic direction signs; • Loading and parking facilities; • Emergency vehicle routes; • All pedestrian access such as walkways and ramps; • Refuse and other waste facilities; • Site lighting requirements; • Grading, drainage and servicing components; Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 3 • Site landscaping requirements; • Accessibility requirements; • Sustainability design matters; and • Need for municipal and/or regional road widening. Site plan control is regulated by Section 41 of the Planning Act. Municipalities may pass a by-law to designate the whole, or any part, of the municipality as a site plan control area. The City’s current Site Plan Control Area By-law came into effect on January 21, 1980, which designated all of Pickering as a site plan control area. Subsequently, in December 2009, Council amended the Site Plan Control Area By-law to add a provision that all buildings or structures requiring a building permit located within 120 metres of any key natural feature or hydrologically sensitive feature on the Oak Ridges Moraine, as identified in the Pickering Official Plan schedules, shall be subject to site plan control. Since 2009, the Province has made further amendments to the Planning Act (Bill 51 and Bill 73), and updates to various provincial policy documents (i.e., Growth Plan, the Oak Ridges Moraine, and the Greenbelt Plan) that have introduced new tools to assist municipalities in the review of detailed development proposals. In 2016, the Ontario Land Tribunal, known then as the Ontario Municipal Board (OMB), approved Amendment 23 (OPA 23) to the Pickering Official Plan. OPA 23 was prepared in response to changes to the Planning Act in 2007 (Bill 51), which provided municipalities with the authority to address the following: • matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design; and • sustainable design elements on any adjoining highway under a municipality's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground covers, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities. 4. City’s Current Site Plan Control Review Process Upon submission of a site plan application, the City Development Department conducts a preliminary review of the submission for completeness before circulating for comments. If the submission is complete, the application is circulated with comments requested within 30 business days. The circulation process includes various City departments; external agencies; the Accessibility Advisory Committee; the Heritage Advisory Committee (for properties containing a heritage building or structure), and the City’s urban design review consultant. Immediately following the circulation of a site plan application, City Development staff present the site plan application to the Site Plan Advisory Committee for their information, and to obtain any preliminary comments and feedback on local matters that they may raise about the proposal. Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 4 A site plan application will progress towards approvals when the applicant has satisfied various comments provided during circulations. Due to the complexity of the majority of submitted applications, it is typical that applications will require at least two to three resubmissions before they may proceed towards site plan approval. When a majority of the comments have been addressed by the applicant, staff will schedule the application to be presented at a meeting of the Site Plan Committee. The applicant is invited to these meetings to discuss their current proposal and to respond to any feedback provided by Committee members. Final Site Plan approval is issued once the Director, City Development & CBO is satisfied all comments have been addressed (including any feedback from the Site Plan Advisory Committee), all fees have been paid, parkland dedication has been addressed, all securities have been provided, and a Site Plan Control Agreement has been registered on title. The flowchart below illustrates the City’s current Site Plan Control Process: Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 5 5. Pre-Consultation for Site Plan Applications is required The Site Plan Control Guide recommends that municipalities use the authority granted to them under the Planning Act to establish a mandatory early consultation process for site plans similar to other planning applications. The early consultation process will allow the applicant, the City, and external agencies to discuss the proposal to resolve differences early on, and provide clarity on the submission requirements. Section 16.2 of the City’s Official Plan requires all applicants intending to submit an application for official plan amendment, zoning by-law amendment, draft plan of subdivisions, draft plan of condominium and site plan approval to attend a mandatory pre-consultation with the City before submitting an application. The City Development Department has established a formal application process for pre-consultation. A pre-consultation meeting allows applicants and/or their authorized representative/consultants to present and discuss a development proposal with relevant staff and external agencies. This meeting enables staff and agencies to provide preliminary feedback on the development proposal, identify any key issues, comment on the approval that will be required, and confirm the supporting information/materials/studies that must be submitted with the site plan application. This process intends to lead to a quicker review process with reduced modification being required. Following the pre-consultation meeting, the applicant receives a written summary of the minutes, and a list of required studies and reports, to ensure a complete submission is received. City Development staff have observed that the majority of the site plan applications, received since the formal pre-consultation process has been implemented, have improved the quality of submissions and allowed for a more efficient and expedited review and approval process. 6. A new Site Plan Control Manual is being prepared The Ministry’s Site Plan Control Guide encourages municipalities to prepare local guidelines to assist applicants in the submission of site plan applications. The guidelines are intended to set out the requirements for various types of developments along with specific design standards. The City Development Department is preparing a new Site Plan Control Manual. Similar to the above Ministry recommendations, the City site plan manual assists applicants in understanding the site plan application process, site design standards and technical requirements. City Development staff are presently meeting with the other City Departments and external agencies for their input. The new manual will provide updated standards, references, and process information for the public and applicants, which is anticipated to assist in the preparation of site plan submissions and to improve the quality of the submitted plans and reports. Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 6 It is anticipated that this new Site Plan Control manual will be completed by Spring 2022 for endorsement by City Council. Upon approval, the new manual will subsequently be published on the City’s website. 7. City Development has moved to Electronic submissions and review The MMAH Site Plan Control Guide encourages municipalities to utilize technology in the processing of site plan applications, such as electronic submissions and the establishment of online application portals, to track the progress of the applications. Since the onset of the COVID-19 pandemic, the City Development Department has been accepting pre-consultation and site plan applications electronically. The switch to electronic submissions and subsequent electronic circulations has improved circulation processing and response times for site plan applications. With the change to electronic submission for site plan applications, Planning staff have been able to use the same electronic markup software (Bluebeam – Revu) that Building Services staff use to review building permits. The ability to review and mark up, and share electronic submissions, has improved our ability to provide timely responses to submissions. The City does not currently have an online portal system for applicants to track their applications submitted to the City. Staff are in the early stages of creating an online portal system for building permit applications and are currently exploring opportunities to expand this online platform to inform members of the public of active site plan applications under review by the City. Staff will report back to the Site Plan Advisory Committee for comments and feedback. 8. Community Planning Permit System The MMAH Site Plan Control Guide provides information on the Community Planning Permit System (CPPS) as an alternative land use planning tool available to municipalities when planning their communities. The CPSS combines zoning by-law, site plan control, and minor variance processes into one application process, with the potential for shorter approval timelines, and shorter dates for the applicant to appeal the application. This CPPS can help to make development approval processes more streamlined and efficient, get housing to market quicker, support local priorities (such as community building, developments that support public transit, and greenspace protection), and create certainty and transparency for the community, landowners, and developers. To use a community planning permit system, a municipality must adopt an official plan amendment for the CPPS area, and pass a “community planning permit by-law”. There have been several municipalities that have adopted this process to address specific areas of concern, such as heritage preservation, environmental protection in waterfront areas, and preservation of neighbourhood character. Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 7 Discussion and recommendations on the CPPS are beyond the scope of this report. The adoption of a CPPS process would be a significant change to the current planning process in the City of Pickering, and would require the adoption of appropriate Official Plan policies and a CPPS By-law. 9. Site Plan Advisory Committee Although Council delegated the approval authority to staff, the Site Plan Committee was established to ensure that local issues are taken into consideration in the review of Site Plan Applications. The Site Plan Advisory Committee provides a forum for City Development staff to engage the three City Councillors about current development proposals. Specifically, it enables the local Councillors to provide feedback, and to identify any potential adverse impacts a proposal may have on the surrounding community, for staff to consider in the review of the site plan application. Additionally, the Committee members are able to discuss the proposal with the applicant to either express their concerns, or to obtain additional information. Since the inception of the Site Plan Committee, the Committee has been a valuable resource in assisting planning staff in the review of site plan applications and sign variances. Based on our review of other GTA municipalities, no other municipality has an advisory committee providing input on site plan matters. Section 11 below outlines staff’s suggested changes to the Site Plan Advisory Committee starting the next term of Council. 10. Site Plan Approval is Delegated to the Director, City Development & CBO The Site Plan Control Guide encourages municipalities to utilize the authority in the Planning Act to allow Council to delegate site plan approvals to municipal staff (the Director, City Development & CBO for Pickering). Delegating the approval authority to staff can save time for the applicant as the site plan process is very technical in nature, and amendments to the plans occur quickly, and are usually very time-sensitive as it relates to the issuance of the related building permits. The City of Pickering has been approving site plan applications with this authority in the Planning Act since 1980. Council delegated the approval authority for site plan application to the Director through the passing of By-law 1080/80. 11. Feedback from the Site Plan Advisory Committee Comments On January 7, 2022, City Development staff reviewed the MMHA Site Plan Control Guide with the Site Plan Advisory Committee, including staff's recommended improvements to the City's Site Plan approval process. The table below is a summary of the Committees' comments and staff's responses. Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 8 Comments from the Site Plan Advisory Committee Staff’s Response The Committee discussed opportunities to increase public transparency in the site plan review process. The Committee commented that members of the public typically are not aware of current site plan applications that are under review within their neighbourhoods. The Committee requested staff to look into the best method to provide an online tool for the public to be able to view proposed developments that are subject to site plan applications. Although the Planning Act does not require public consultation as part of the site plan review process, staff will look into the best option to post submitted applications online for the public to be aware of current site plan proposals. Staff will explore opportunities to create a map-based online platform to allow the public to view active site plan applications in the City. Staff will report back to the Site Plan Advisory Committee to present options. The Committee asked whether there is an opportunity to engage the public in the review of a site plan application. As noted above, Site Plan Control is a technical review process to review matters related to engineering details, building siting and massing, architectural details, landscaping, parking and loading, vehicular access, pedestrian pathways and accessibility. In the past, in consultation with the local and regional Councillors and with the Site Plan Advisory Committee, City Development staff have hosted open house meetings to obtain comments and feedback from the immediate properties owners who may be impacted by the development. The Planning Act does not require municipalities to host a statutory public meeting or a public open house for site plan applications. However, the City's current process does allow the opportunity for City staff to host an open house meeting where warranted without delaying the review of a site plan application. Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 9 Comments from the Site Plan Advisory Committee Staff’s Response The Committee members indicated that this “committee” does not function in the same manner as other Committees of Council. This Committee is intended to provide the Director, City Development with advice on site plan applications and does not undertake public engagement like other Committees of Council. It was recommended that City staff review the structure of the Site Plan Advisory Committee and update the terms of reference before the next term of City Council. City staff will undertake a review of the Site Plan Advisory Committee and update the existing terms of reference before the next term of City Council. The name of the committee will be changed to “Site Plan Review Panel” to reflect its advisory role and to ensure there is no confusion with the public regarding the function of the committee. City staff will ensure the function of the committee is further outlined in the new site plan manual, which will be presented to City Council for adoption. The Committee requested staff to provide details of the comments received from other Committees of Council, particularly the Accessibility Advisory Committee, and how the applicant addressed those comments. Moving forward, City Development staff will ensure to provide an overview of the key comments received by the Site Plan Advisory Committee; an overview of key comments received through the site plan review process; and any comments from Accessibility Advisory Committee and Heritage Advisory Committee prior to the Site Plan Advisory Committee considering the application. 12. Recommended Improvements to the City’s Site Plan Approval Process The City Development Department is not recommending the adoption of any changes to the Site Plan Approval process at this time. City Development staff are working on completing the draft of the new site plan approval manual, which will be presented to the Site Plan Advisory Committee for review and comment. City staff will also continue to work with the Site Plan Advisory Committee to explore options for community notification of submitted site plans. Attachment: 1. Ministry of Municipal Affairs and Housing (MMAH) Site Plan Control Guide Report PLN 09-22 February 7, 2022 Subject: Site Plan Control Guide Page 10 Prepared By: Original Signed By Tyler Barnett Principal Planner, Site Planning Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO TB:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report #PLN 09-22