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HomeMy WebLinkAboutPLN 23-24Report to Council Report Number: PLN 23-24 Date: June 24, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Amendment to General Municipal Fees – Planning Applications Changes to development application review procedures and fees in response to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 - File: L-1100-065 Recommendation: 1. That, in response to legislated changes arising from the enactment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, the revised City Development Department – Planning Fees be approved, effective June 25, 2024; 2. That an amendment made to Schedule “I” to By-law 6191/03, the General Municipal Fees and Charges By-law, as amended, by: • deleting the pages for City Development Department – Planning; and • substituting the updated pages for City Development Department – Planning, as set out in Schedule “I” to the Draft By-law provided as Appendix I to Report PLN 23-24, be approved; and 3. That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03, as set out in Appendix I to Report PLN 23-24, be enacted, to be effective the date of the passing of the By-law. Executive Summary: The purpose of this report is to advise Council of changes to the City Development Department’s planning application review procedures, and to revise certain Planning Application Fees, in response to changes arising from Bill 185. Bill 185 received Royal Assent on June 6, 2024. Among other matters, this Act amended the Planning Act to remove the requirement for municipalities to refund Zoning By-law Amendment and Site Plan Approval application fees, if no decision is made or no approval is issued within the legislative timelines. These changes took effect immediately. As a result, a two-stage submission process and a two-stage fee collection is no longer necessary. The proposed fee change is revenue neutral and will not result in an increase in the total fees. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 2 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Financial Implications: Revising the City Development – Planning Fee Schedule will ensure that the City continues to collect all required development application fees. Failing to do so would result in lost revenue. Discussion: The purpose of this report is to advise Council of changes to the City Development Department’s planning application review procedures, and to revise certain Planning Application Fees, in response to changes arising from Bill 185. The collection of application fees in two stages has now been collapsed into a single-stage collection. 1. Revised Development Review Procedures In 2022, the Province passed Bill 109, the More Homes For Everyone Act, 2022. This legislation required municipalities to refund certain application fees, if no decision was made, or no approval was issued within the legislative timelines. In response to Bill 109, the City revised its development review procedures, and the structure of its planning fees to minimize paying refunds (Report PLN 12-23 and Report PLN 26-23). The City split the review process into two stages and split the application fee into two parts. The City established a “Pre-submission” stage for review, with part of the application fee collected at that initial time, and the “Application” stage, with the remainder of the application fee collected at this final step (see Attachment 1). These fee changes took effect on July 1, 2023. As reported in PLN 13-24, one of the changes to the Planning Act proposed by Bill 185 was the removal of Planning application fee refunds. This change was supported by staff in the City’s comments to the Provincial ERO posting. On June 6, 2024, Bill 185 received Royal Assent. With the removal of the requirement for Planning application refunds, and in consideration of the development community’s concern with the two-stage process, staff are of the opinion that the pre-submission stage for development review is no longer necessary or desirable. Consequently, the City will return to the development review procedures used prior to Bill 109 (see Attachment 1). Going forward, all development applications received will have an Information Report prepared and a Statutory Public Meeting held at a Planning & Development Committee meeting, and a Recommendation Report prepared and presented at a subsequent Planning & Development Committee meeting. 2. Revised Development Application Fees To align with the revised development review procedures, the City must update its Planning Fee Schedule. There will be no change to the total amount of development application fees paid by applicants. The proposed change will simply align the fees with the development review stages used prior to Bill 109 (see Illustration of Fee Collection, Table 1). PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 3 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Illustration of Fee Collection Under Bill 109 (effective July 1, 2023) Under Bill 185 (effective the date of Council passing the by-law enacting the revised fees) Pre-submission Fee $6 Application Fee $4 Total Fees $10 Application Fee $10 Total Fees: $10 Table 1: Procedures and Fees Comparison 3. Transitional matters New applications submitted on or after Council’s passing of the By-law enacting the revised fees, will be subject to the consolidated application fee. Applications that have gone through the Pre-submissions stage, which are then submitted as an Application, will pay the difference between the revised application fee and the pre-submission fee previously paid. 4. Outstanding Appeal In response to Bill 109, the Official Plan was amended to reflect development review procedures that would reduce the risk of paying application fee refunds (Official Plan Amendment 46 or OPA 46). This amendment was appealed to the Ontario Land Tribunal (OLT) and is scheduled for a hearing in early 2025. Now that application fee refunds have been removed from the Planning Act, the basis for the amendment no longer exists. City Staff will assist the City’s external counsel, as necessary, to resolve this OLT matter. 5. Other Changes in Bill 185 Report PLN 13-24 described the changes proposed by Bill 185. With one minor exception, all of the changes proposed by Bill 185 came into effect when it received Royal Assent. The one change relates to third-party appeals. The public can no longer appeal privately-initiated official plan amendment and zoning by-law amendment applications. However, Bill 185 was modified to still permit the public to appeal official plan amendment and zoning by-law amendment applications that apply to their property. In other words, City-initiated applications that apply to a broad area (i.e. City Centre), or the entire City, may still be appealed by the public. PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 4 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 As described in Report PLN 13-24, pre-consultation meetings, held with Proponents before submitting their applications will now be voluntary. Proponents can choose to submit applications directly to the City without first consulting with City staff and outside agencies. However, staff will be strongly encouraging applicants to continue requesting pre-consultations. 6. Conclusion The Province of Ontario has made changes to the Planning Act that eliminate application fee refunds. In response, City Development staff are recommending reverting our development review process to its pre-Bill 109 process and consolidating the corresponding application fees accordingly. The proposed fee changes are revenue neutral and will realign to the revised development review process. To avoid any potential loss of revenue, it is recommended that these fee changes be implemented as soon as possible. Appendix: Appendix I Draft By-law to Amend By-law 6191/03 General Municipal Fees Attachment: 1. Planning Application Review Scenarios PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 5 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Nilesh Surti, MCIP, RPP Division Head, 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 PW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 23-24 Draft By-law to Amend By-law 6191/03 General Municipal Fees The Corporation of the City of Pickering By-law No. XXXX/24 Being a by-law to Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees Whereas the Council of The Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04, By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law 6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14, By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18; By-law 7679/19; By-law 7740/20, By-law 7823/21, By-law 7918/22, By-law 7983/23, By-law 8017/23, By-law 8022/23, By-law 8065/23 and By-law 8074/24; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule “I” to By-law Number 6191/03, as amended, is hereby deleted and Schedule “I” attached hereto is substituted therefore. By-law passed this 24th day of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Schedule “I” to By-law XXXX/24 Updated Application Fees for City Development – Planning User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date These fees are imposed under the authority of the Planning Act, R.S.O. 1990, c.P.13 Planning DocumentsPickering Official Plan $225.00 $225.00 Y No Increase Official Plan Compendium $50.00 $50.00 Y No Increase Seaton Sustainable Placemaking Guidelines $50.00 $50.00 Y No Increase City Centre Urban Design Guidelines $50.00 $50.00 Y No Increase Kingston Mixed Corridor & Brock Mixed Node Design Guidelines $50.00 $50.00 Y No Increase Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No Increase Special Studies $10.00-$20.00 $10.00-$20.00 Y No Increase Zoning By-laws 3036 - Set 13 Volume $110.00 $110.00 Y No Increase3036 - By Volume $15.00 $15.00 Y No Increase 2511, 2520, 3037, 7364/14 (Seaton), 7553/17 (City Centre)$50.00 $50.00 Y No Increase Zoning By-laws Digital (each)$15.00 $15.00 Y No Increase 20 Year Household & Population Projections $30.00 $30.00 Y No Increase Mapping $5.00-$25.00 $5.00-$25.00 Y No IncreaseAddress Booklet $25.00-$50.00 $25.00-$50.00 Y No Increase Fiche Prints Price Varies Price Varies Y No Increase Special Mapping Requests $64.30 $64.30 Y No IncreasePhotocopies - 6 or more pages $0.50/ea $0.50/ea Y No Increase CD Copies of Documents $10.00/document $10.00/document Y No Increase Telecommunications Tower Approval $9,635.00 $9,635.00 N No Increase Committee of Adjustment/Land Division Minor Variance Applications to recognize an "as built condition" Double the regular fee Double the regular fee N No Increase Accessory buildings, structures, decks, platforms & driveway widening $830.00 $830.00 N No Increase Residential Minor (a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit) Single Variance $1,110.00 $1,110.00 N No IncreaseMultiple Variances $1,410.00 $1,410.00 N No Increase Residential Major (all other residential and mixed use buildings)Single Variance $2,520.00 $2,520.00 N No Increase Multiple Variances $2,740.00 $2,740.00 N No Increase Institutional, Commercial & Industrial Single Variance $3,070.00 $3,070.00 N No Increase Multiple Variances $3,590.00 $3,590.00 N No IncreaseTabling Fee & Recirculation (applicant initiated) $770.00 $770.00 N No Increase Special Meeting $4,880.00 $4,880.00 N No Increase Consent Application for severance (creation of new lots) $4,350.00 $4,350.00 N No Increase Application for Title Validation, Long Term Lease, Easement, and Lot Line Adjustment $1,980.00 $1,980.00 N No Increase Stamping Fee $1,110.00 $1,110.00 N No Increase Restamping Fee $280.00 $280.00 N No Increase City Development - Planning User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Cash-in-Lieu of Parkland Conveyance For the creation of up to 3 additional lots (price per lot created)$7,635.00 $7,635.00 N No Increase For the creation of more than 3 additional lots See Parkland By-law See Parkland By-law N No Increase Council authorization to proceed by land division instead of draft plan of subdivision14 $9,550.00 $9,550.00 N No Increase Application for Pre-Consultation Simple2 $350.00 $350.00 N No Increase Complex $3,500.00 $3,500.00 N No Increase Zoning By-law Amendment - Application Zoning By-law Amendment - Major 3 - Base Fee $10,400.00 $21,400.00 N No Increase Plus Fee per Residential UnitFirst 25 units (1-25)$250.00 $520.00 N No Increase Next 75 units (26-100)$190.00 $390.00 N No Increase Next 100 units (101-200)$150.00 $320.00 N No IncreaseAll additional units (201+)$65.00 $135.00 N No Increase Plus Fee per Non-Residential Ha (or part thereof) Land Area 4 $500.00 $1,450.00 N No Increase Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $325.00 $675.00 N No Increase Zoning By-law Amendment - Minor 6 $6,700.00 $13,600.00 N No Increase Zoning By-law - Recirculation 7 $2,060.00 $2,060.00 N No Increase Additional fee if within Oak Ridges Moraine or Greenbelt $1,290.00 $2,650.00 N No Increase Zoning By-law - Removal of Holding $1,885.00 $3,925.00 N No Increase Zoning By-law - Removal of Holding (Complex/Block Plan Required) $10,400.00 $20,300.00 N No Increase Zoning By-law - Extension of Temporary Use By-law $10,400.00 $20,300.00 N No Increase Zoning By-law - Reconsideration 8 $5,390.00 $5,390.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Minister Zoning Order Minister Zoning Order Amendment - Major 9 $3,000.00 $3,000.00 N No Increase Minister Zoning Order Amendment - Minor 10 $2,500.00 $2,500.00 N No Increase Official Plan Amendment -Application Pickering Official Plan Amendment - Major 11 $48,000.00 $106,000.00 N No Increase Pickering Official Plan Amendment - Minor 12 $22,000.00 $52,000.00 N No Increase Pickering Official Plan Amendment - Recirculation 7 $2,060.00 $2,060.00 N No Increase Additional fee if within Oak Ridges Moraine or Greenbelt $3,100.00 $6,500.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Regional Official Plan - Amendment (not part of a Pickering OPA) $40,000.00 $40,000.00 N No Increase Neighbourhood Development Guideline Amendment 13 $4,430.00 $4,430.00 N No Increase Draft Plan of Subdivision -Application Base Fee $36,000.00 $74,000.00 N No Increase Plus Fee per Residential UnitFirst 25 units (1-25)$600.00 $1,085.00 N No IncreaseNext 75 units (26-100)$480.00 $875.00 N No Increase Next 100 units (101-200)$380.00 $690.00 N No IncreaseAll additional units (201+)$240.00 $440.00 N No IncreasePlus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $190.00 $345.00 N No Increase Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $120.00 $220.00 N No Increase Draft Plan of Subdivision - Recirculation 7 $2,060.00 $2,060.00 N No Increase Additional fee if within Oak Ridges Moraine or Greenbelt $2,575.00 $3,605.00 N No Increase Applicant-Initiated Major Revisions (prior to Draft Plan Approval)$23,000.00 $23,000.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Revisions to Draft Approved Plan - (redline revisions) - Application Base Fee $15,000.00 $28,400.00 N No IncreasePlus Fee per Additional Residential First 25 units (1-25)$600.00 $1,100.00 N No Increase Next 75 units (26-100)$500.00 $900.00 N No IncreaseNext 100 units (101-200)$400.00 $710.00 N No IncreaseAll additional units (201+)$250.00 $450.00 N No Increase Plus Fee per additional Non- Residential Ha (or part thereof) of Land $200.00 $355.00 N No Increase Plus Fee per additional Development Block Ha (or part thereof) of Land Area $120.00 $220.00 N No Increase Revision to Draft Approved Plan - Recirculation 7 $2,060.00 $2,060.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Release of Draft Plan of Subdivision/Clearance Fee $2,100.00 $2,100.00 N No Increase Plan of Condominium -Application Draft Plan of Condominium $14,000.00 $19,575.00 N No Increase Common Element Condominium $20,000.00 $28,200.00 N No Increase Plan of Condominium Recirculation 7 $2,060.00 $2,060.00 N No Increase Condominium Conversion $25,000.00 $35,000.00 N No Increase Revisions to a Draft Approved Plan - (redline revisions)$3,200.00 $3,200.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Release of Draft Plan of Condominium/Clearance Fee $2,100.00 $2,100.00 N No Increase Site Plan - Application Review Residential See "All Uses (Residential, Non-Residential, See "All Uses (Residential, Non-Residential, N No Increase Commercial See "All Uses (Residential, Non-Residential, See "All Uses (Residential, Non-Residential, N No Increase Industrial See "All Uses (Residential, Non-Residential, See "All Uses (Residential, Non-Residential, N No Increase All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $6,600.00 $18,600.00 N No Increase Plus Fee per Residential Unit First 25 units (1-25)$190.00 $650.00 N No IncreaseNext 75 units (26-100)$140.00 $500.00 N No Increase Next 100 Units (101-200)$95.00 $355.00 N No Increase All additional units (201+)$20.00 $80.00 N No IncreasePlus Fee per 2,000 m2 of Non- Residential GFA $1,750.00 $6,300.00 N No Increase Site Plan Recirculation 7 $2,060.00 $2,060.00 N No Increase Minor Revision to approved Site Plan 18 $830.00 $2,505.00 N No Increase Major Revision to approved Site Plan Application base fee plus additional units and additional non-residential GFA Application base fee plus additional units and additional non-residential GFA N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Site Plan Agreement and Clearance of Conditions $0.00 $0.00 N No Increase Compliance Inspections/LC Release Report (includes 2 inspections)$1,000.00 $1,000.00 N No Increase Additional Compliance Inspections $450.00 $450.00 N No Increase User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Other Fees Request for Zoning Information $60.00 $60.00 N No Increase Zoning Certificate - Residential (single, semi, townhouse, accessory structure) initial review + 1 revision $160.00 $160.00 N No Increase Zoning Certificate - Development (within infill precincts, ORM, or requiring MDS calculation) initial review + 1 revision $590.00 $590.00 N No Increase Zoning Certificate - Mixed-use/Multi Residential/Non-Residential (industrial, commercial, institutional) initial review + 1 revision $700.00 $700.00 N No Increase Peer Reviews 15 Full recovery of City costs + 10% admin. fee Full recovery of City costs + 10% admin. fee Y No Increase Minor Revision to Approved Condo Site Plan (by unit owner) i.e., decks, sheds, fences $120.00 $120.00 N No Increase File Reactivation 16 $5,390.00 $5,390.00 N No Increase Opinion Letter for Complex Inquiries $1,240.00 $1,240.00 N No Increase Add Street Name to Approved List $1,105.00 $1,105.00 Y No IncreaseRequest to Change Municipal Address $1,105.00 $1,105.00 Y No Increase Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $6,225.00 $6,225.00 N No Increase Refund of Application Fees 17 $0 $0 Y No Increase Any other matter requiring a Report to Committee or Council $6,225.00 $6,225.00 N No Increase 1. Fee applicable after Council adoption. - an application relating to more than one property - a site specific application, if considered to represent a large scale redevelopment - any change in use and/or zone category, except as identified under a minor amendment - an application involving significant changes to the development standards or general provisions of the by-law - an application which requires major technical studies and extensive consultation 4. Applies to blocks intended to be developed for commercial, industrial, and institutional uses (including school blocks). 5. Excludes lands to be conveyed for roads, parkland, natural hazards, and stormwater or other public infrastructure. - request for additional permitted use, within an existing building with no significant impact on existing development standards - changes in development standards or zone to accommodate a residential severance to create one additional lot - application for Temporary Use - an application involving significant changes to the policies of the Official Plan 8. An Application may apply for reconsideration provided that the resolution of the issue of concern: - does not change the nature of the proposal; - is minor and technical in nature and not expected to result in fundamental changes to the layout and design of the proposal; - does not involve re-engagement with the public; and - does not require recirculation of the application to external agencies. 9. A major Minister's Zoning Order application is where the proposed use or standards do not comply with the City's zoning by-law and a Report to Council is required. 10. A minor Minister's Zoning Order application is where the proposed use or standards comply with the City's zoning by-law. 11. An application that is more significant in scale and scope than a minor amendment and which may have greater impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one or more of the following conditions: - an application which requires major technical studies and extensive consultation - an application relating to more than one property - a site specific application if considered to represent large scale redevelopment or significant change to the designations and permitted 7. Application fees include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission and every submission thereafter. 2. Applications for severance (creation of new lots), Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area) and inclusion of related uses. 3. An application for an amendment that is more significant in scale and scope than a minor zoning amendment, and which may have greater impact beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one or more of the following conditions: 6. An application for minor or small scale zoning amendment having no significant impact on adjoining lands, as determined by the Director, City Development or designate. Minor applications must be site specific and meet one or more of the following conditions: User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning 18. Minor revisions to approved Site Plans include, but are not limited to: - accessory structures - façade changes - minor parking lot expansions (not to exceed 25% of the existing parking supply) - development of detached dwellings and accessory structures on the Oak Ridges Moraine - garden centres - restaurant patios - additions to existing buildings not exceeding, the lesser of, 1,000 square metres and 25% of the existing GFA 12. An application for a minor, site specific and small scale amendment or exception to Official Plan policies and designations, having limited impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate. 13. An application to amend a Neighbourhood Development Guideline when the development proposal would necessitate an amendment to the Guideline or there is no other planning application being processed by Council. 14. Charged only if no other planning applications are being processed by Council.15. The applicant is responsible for the City's full costs of undertaking the peer review of any studies or drawings submitted in support of the application. This requirement applies to matters such as, but not limited to, the peer review of traffic, marketing, environmental, noise, engineering drawings and reports, and architectural drawings. 16. Fee applies to planning applications that have been inactive over 1 year but less than 2 years. If the file has been inactive 2 or more years, the file will be closed without notice and a new application will be required with current application fees being applied. 17. Also subject to deduction of credit card fee if paid by credit card. Attachment 1 to Report PLN 23-24 Planning Application Review Scenarios 1.Development application process prior to Bill 109 and the introduction of application fee refunds. 2.Development application process post-Bill 109 when the pre-submission stage was introduced to avoid application fee refunds. 3.Development application process post-Bill 185 with the removal of application fee refunds and making pre-consultation meetings voluntary.