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HomeMy WebLinkAboutInformation Report 08-25 Statutory Public Meeting Information Report Report Number: 08-25 Date: September 8, 2025 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Official Plan Amendment OPA 25-002/P Proposed Amendment 52: Planning Act Conformity Amendments City Initiated 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding a City Initiated Official Plan Amendment application. The proposed amendment will update certain policies of the Pickering Official Plan so that they are in conformity with the Planning Act. This report is intended to help the public and stakeholders understand the proposal. This Amendment is applicable to all lands across the City of Pickering. This report is for information purposes only, and no decision on this application will be made at this time. A recommendation report will be presented to an upcoming meeting of the Planning & Development Committee for their consideration. 2. Background The proposed official plan amendment responds to four different pieces of Provincial legislation that changed the land use planning system and or amended the Planning Act: • Bill 23, More Homes Built Faster Act, 2022 • Bill 185, Cutting Red Tape to Build More Homes Act, 2024 • Bill 109, More homes for Everyone Act, 2022, and • Bill 197, COVID 19 Economic Recovery Act, 2020 2.1 Bill 23: In 2022, Bill 23 introduced several changes to the land use planning system in Ontario and made legislative amendments to the Planning Act and other pieces of legislation, including the reclassification of the Region of Durham, and six other regional governments in Ontario, as “Upper-Tier Municipalities without Planning Responsibilities. On October 25, 2023, Durham Regional Council passed By-law 61-2023, a By-law to delegate Regional Council’s land division responsibilities and authority to grant consents, under the Planning Act, to each of the Region’s area municipalities, including the City of Pickering, effective January 1, 2024. Information Report 08-25 Page 2 On December 15, 2023, Council passed Resolution #362/23 and directed staff to initiate an amendment to the Pickering Official Plan, to amend policies to: • expand the role of the Committee of Adjustment to include consent for land severance applications; and • to recognize the delegation of authority to the Director, City Development & CBO, or a designate, to grant approval of technical consent applications. 2.2 Bill 185: In 2024, Bill 185 introduced changes to the Planning Act, the Development Charges Act, and other related legislation in an effort to streamline the planning process and increase housing supply. One of the changes to the Planning Act was to no longer require pre-consultations between the City and applicant, but to make it voluntary and at the discretion of the applicant. Accordingly, the relevant policy language in the Pickering Official Plan related to mandatory pre-consultation meetings needs updating. 2.3 Bill 109: In 2022, Bill 109 amended various other statutes related to housing, development and other matters, including changes to Sections 42 and 51.1 of the Planning Act which reduced the parkland dedication rate for high density and mixed-use areas as well as the cash-in-lieu of parkland rate for all development. Although the City updated its Parkland By-law to conform to the revised legislation, the parkland policies in the Official Plan need updating. 2.4 Bill 197: In 2020, Bill 197 amended and repealed various provincial statutes, which included the removal of Section 37, Density Bonusing entirely from the Planning Act. Since the Pickering Official Plan still contains policies on density bonusing and transfers, the text dealing with bonusing needs to be deleted to conform to the Planning Act. 3. Proposed Amendment 52 (OPA 52) to the Pickering Official Plan The purpose of the Official Plan Amendment is to: • Recognize the delegated authority from the Region to the City to hear consent applications; this will permit the City’s Committee of Adjustment to hear consent applications for all lands across the City. • Replace the requirement for mandatory pre-consultation meetings between the Applicant and City staff prior to the formal submission of a development application with policy language that encourages pre-consultation meetings, making it voluntary. Although the revised policy is less restrictive, encouraging pre-consultations will provide staff with the opportunity to provide preliminary comments to the Applicant, resulting in a more streamlined development review process and complete applications. • Add revised Parkland Dedication policies, to conform to revised provisions regarding parkland dedication in the Planning Act; this ensures that the City of Pickering Official Plan has the most up-to-date parkland policies. • Remove policies pertaining to Density Bonusing entirely from the OP, to conform to revisions made to the Planning Act; this ensures that the City’s OP complies with provincial legislation (see Appendix I). Information Report 08-25 Page 3 4.Proposed Informational Revision 29 to the Pickering Official Plan Informational text in the Official Plan is intended to provide context to associated policies in the Official Plan. Where changes are being made to policies, changes may also be needed to the Informational text. The purpose of the Proposed Informational Revision is to update the informational text referencing ‘mandatory’ pre-consultation meetings with the City whereas the meetings are now non-mandatory (see Appendix II). 5.Public Engagement 5.1 Public Open House Meeting On September 3, 2025, the City Development Department hosted a Public Open House Meeting to inform residents and stakeholders about proposed OPA 52, and the proposed Informational Revision to the Official Plan. The City has advertised the meeting by posting the notice on the City’s social media pages, and on the corporate website of the City. 6.Procedural Information 6.1 General •written comments regarding this Amendment should be directed to the City Development Department •all comments received will be noted and used as input in a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council, and •any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk 7.Owner/Applicant Information The Applicant is the City of Pickering. Appendices Appendix I Proposed Amendment 52 to the City of Pickering Official Plan Appendix II Proposed Informational Revision 29 to the City of Pickering Official Plan Information Report 08-25 Page 4 Prepared By: Original Signed By Déan Jacobs For Waqas Ahmad, H.B.A. Planner II Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner WA:DJ:ld Original Signed By Appendix I to Information Report 08-25 Proposed Amendment 52 to the City of Pickering Official Plan Proposed Amendment 52 to the Pickering Official Plan Purpose: The purpose of this Amendment is fourfold. The first revises policies in the Official Plan to recognize the delegation of land division responsibilities, and the approval authority to grant consents, from the Region of Durham to the City of Pickering. This is provisioned under section 53 of the Planning Act. The second replaces the policies in the Official Plan mandating pre-consultation meetings, between an applicant and City staff, prior to submission of a development application, with policies encouraging such pre-consultation meetings, making them voluntary and at the discretion of the applicant. The third revises Parkland Dedication policies. This is provisioned under Section 42 and Section 51.1 of the Planning Act which reduced the parkland dedication rate for high density and mixed-use areas and the cash-in-lieu of parkland rate for all development. The fourth removes the Density Bonusing policies. Location: The Amendment applies to all lands within the City of Pickering. Basis: The basis for the City-initiated Official Plan Amendment is as follows: The revised policies, recognizing the delegation of land division responsibilities and the approval authority to grant consents from the Region to the City of Pickering, stems from revisions to the Planning Act through Bill 23, More Homes Built Faster Act, 2022. Among other matters, this Act reclassified the Region of Durham, including six other regional municipalities in Ontario, as “Upper Tier Municipalities without Planning Responsibilities”. The replacement of the policies ‘requiring’ pre-consultation meetings between the City and the applicant, with policies ‘encouraging’ pre-consultation meetings, is based on revisions to the Planning Act through Bill 185, Cutting Red Tape to Build More Homes Act, 2024. The revised policies regarding Parkland Dedication result from revisions to the Planning Act through Bill 109, More homes for Everyone Act, 2022. The removal of policies pertaining to Density Bonusing is based on revisions to the Planning Act through Bill 197, COVID 19 Economic Recovery Act, 2020. Actual Amendment: The City of Pickering Official Plan is hereby amended by: New text is shown as underlined text, deleted text is shown as strikeout text, and retained is shown as unchanged text Proposed Amendment 52 to the Pickering Official Plan Page 2 1. Revising City Policy 5.8, in Chapter 5 – Economic Development, so that it reads as follows: City Policy Financial Incentives 5.8 City Council shall consider an incentive program to encourage green building design in any new development in the City Centre, which may include density bonuses, loans, development charge reduction, Community Improvement Plan grants or an expedited development application review process. 2. Revising City Policy 11.49, in Chapter 11 – Seaton Urban Area by deleting subsection (b) so that it reads as follows, and renumbering the subsequent subsections: City Policy Affordable Strategies for Lower Income Tenants and Owners 11.49 City Council recognizes that most new affordable rental housing and some new affordable ownership housing directed at larger owner households in the bottom 30th percentile of owner households, will require some type of subsidy or incentive to reach required ownership or rent levels affordable to low income households. Such assistance could include: (a) …; (b) using density bonusing at selected sites where a builder provides a certain proportion of rental or subsidized ownership units as affordable; (cb) providing…; (dc) using…; etc. 3. Revising City Policy 12.15(c)(ii), in Chapter 12 – Urban Neighbourhoods so that it reads as follows: City Policy Brock Ridge Neighbourhood Policies 12.15 City Council shall: (c) …: (i) …; and (ii) acknowledge the landowners’ interest in developing higher density development and to this end, shall consider the use of density bonuses to achieve community design and other municipal objectives (in accordance with Section 16.17 of this Plan), in addition to density transfers as set out in Section (12.15)(a) above. Proposed Amendment 52 to the Pickering Official Plan Page 3 4. Revising City Policy 12.16(a)(iv), in Chapter 12 – Urban Neighbourhoods so that it reads as follows: City Policy Rouge Park Neighbourhood Polices 12.16 City Council shall: (a) …: (i) …; (ii) …; (iii) …; (iv) in accordance with Sections 16.17 and 16.18, permit the use of density transfers and bonuses, as further detailed in the Rouge Park Neighbourhood Development Guidelines; (v) …; etc. 5. Revising City Policy 16.2, in Chapter 16 – Development Review, so that it reads as follows: City Policy Pre-submission Consultation 16.2 City Council shall require encourages applicants to 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, consent 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: 6. Revising City Policy 16.3, in Chapter 16 – Development Review, by adding the word “consent” in the policy pretext as well as in subsection (f), deleting subsection (c), and renumbering the subsequent subsections, so that it reads as follows: City Policy Complete Application 16.3 City Council shall not accept an application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, draft plan of condominium, consent, or site plan approval until the following has been submitted to the City: (a) a complete application form, including an acknowledgement by the applicant of the obligation to pay required peer review costs, as referred to in Section 16.4; Proposed Amendment 52 to the Pickering Official Plan Page 4 (b) any information or materials prescribed by statute and regulation; (c) a record of pre-submission consultation; (dc) the prescribed application fee(s); (ed) payment, or proof of payment of application review fees charged by commenting agencies; (fe) all required studies set out in Section 16.5A for an official plan amendment, zoning by-law amendment, consent, draft plan of subdivision and draft plan of condominium application; and (gf) all required studies set out in Section 16.5B for a site plan application. 7. Revising the subtext to City Policy 16.4, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Consent, Draft Plan of Subdivision, and Draft Plan of Condominium Approval 8. Revising City Policy 16.5A, in Chapter 16 – Development Review, so that it reads as follows: 16.5A City Council shall require the following materials and studies prepared by qualified experts, which may be as scoped or expanded as a result of the non-mandatory pre-submission consultation required by as provided for in Section 16.2, to be submitted at the time of application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, consent and draft plan of condominium approval: 9. Revising City Policy 16.5B, in Chapter 16 – Development Review, so that it reads as follows: 16.5B City Council shall require the following materials and studies prepared by qualified experts, which may be as scoped or expanded as a result of the non-mandatory pre-submission consultation as provided for by in Section 16.2, to be submitted at the time of application for site plan approval:”… 10. Revising City Policy 16.8 in Chapter 16 – Development Review so that it reads as follows: 16.8 City Council: (a) as determined may determine through a non-mandatory pre- submission consultation as provided for as determined through a presubmission consultation in Section 16.2, to require the submission and approval of an Environmental Report as part of the consideration of a development application or a public infrastructure Proposed Amendment 52 to the Pickering Official Plan Page 5 project for major development within 120 metres of the Natural Heritage System or within the minimum area of influence prescribed in Table 18 of this Plan; and (b) despite Section 16.8(a), may, through the non-mandatory pre- submission consultation as provided for in Section 16.2, require the submission and approval of an Environmental Report as part of its consideration of any other development application or public infrastructure project. 11. Revising City Policy 16.13, in Chapter 16 – Development Review, so that it reads as follows: City Policy Retail Impact Study 16.13 Outside the City Centre, 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 non-mandatory pre-submission consultation as provided for in Section 16.2, 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. 12. Deleting City Policy 16.17 (Bonus Zoning) in Chapter 16 – Development Review in its entirety and replacing it with the following: City Policy Bonus Zoning 16.17 Section Revoked by Amendment 52As provided for in the Planning Act, City Council may pass by-laws that grant an increase in density of development not exceeding 25 percent of the density that would otherwise be permitted by this Plan, or an increase in the height of a building providing: (a) the density or height bonus is given only in return for the provision of specific services, facilities or matters as specified in the by-law, such as but not limited to, additional open space or community Proposed Amendment 52 to the Pickering Official Plan Page 6 facilities, assisted or special needs housing, the preservation of heritage buildings or structures, or the preservation of natural heritage features and functions; (b) when considering an increase in density or height, and allowing the provision of benefits off-site, the positive impacts of the exchange should benefit the social/cultural, environmental and economic health of surrounding areas experiencing the increased height and/or density; (c) the effects of the density or height bonus have been reviewed and determined by Council to be in conformity with the general intent of this Plan, by considering matters such as: (i) the suitability of the site for the proposed increase in density and/or height in terms of parking, landscaping, and other site- specific requirements; (ii) and the compatibility of any increase in density and/or height with the character of the surrounding neighbourhood; and (d) as a condition of granting a density or height bonus, the City requires the benefiting landowner(s) to enter into one or more agreements, registered against the title of the lands, dealing with the provision and timing of specific facilities, services or matters to be provided in return for the bonus. 13. Revising City Policy 16.25, in Chapter 16 – Development Review, so that it reads as follows: City Policy Committee of Adjustment 16.25 City Council shall encourage its Committee of Adjustment to apply the goals, objectives and policies of this Plan, and maintain the purpose and intent of the City’s zoning by-laws in making decisions regarding the granting of minor variances and consent applications pursuant to the Planning Act. 14. Revising City Policy 16.26, in Chapter 16 – Development Review, so that it reads as follows: City Policy Land Severance 16.26 City Council, in commenting to the Regional Land Division Committee regarding the consideration of land severances pursuant to the Planning Act or the Committee of Adjustment to whom the authority is delegated, to grant consents pursuant to the Planning Act: Proposed Amendment 52 to the Pickering Official Plan Page 7 15. Revising City Policy 16.29, in Chapter 16 – Development Review, so that it reads as follows: City Policy Parkland: Conveyance of Land for Park or Other Public Recreational Purposes 16.29 City Council: (a) shall as a condition of residential development, and may as a condition of other development, except for the uses described in Subsection (b): (i) require the conveyance of land to the municipality for park or other public recreational purposes in an amount not exceeding 5 percent of the proposed land to be developed; (ii) may or, as an alternative to requiring conveyance of land as provided for in (i) above, in the High Density Residential Areas and Mixed Use Areas, require land to be conveyed for park or other public recreational purposes at a rate of up to one hectare for each 300 600 dwelling units proposed, whichever is greater, (iii) may or, in lieu of a portion or all of the land conveyance stipulated by (i) or (ii) above, require the payment of money to the value of the land that would otherwise be required to be conveyed for park purposes at a rate of up to one hectare for each 1,000 net dwelling units proposed; (iv) provided that, for the alternative rate, the City shall not require a conveyance or payment in lieu that is greater than: (1) in the case of land proposed for development or redevelopment that is five hectares or less in area, 10 per cent of the land or the value of the land, as the case may be; and (2) in the case of land proposed for development or redevelopment that is greater than five hectares in area, 15 per cent of the land or the value of the land, as the case may be; and (b) may, as a condition of commercial or industrial development: (i) require the conveyance of land to the municipality for park or other public recreational purposes in an amount not exceeding 2 percent of the proposed land to be developed; and (ii) may, in lieu of a portion or all of the land conveyance stipulated by (i) above, require the payment of money to the value of the Proposed Amendment 52 to the Pickering Official Plan Page 8 land that would otherwise be required to be conveyed for park purposes; and (c) shall not accept as parkland conveyance lands required for drainage; valley and stream corridor or shoreline protection purposes; lands susceptible to flooding; steep valley slopes; hazard lands; lands required to be conveyed to a public agency other than the City of Pickering; and other lands unsuitable for park development. Implementation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. Cross Reference: OPA 25-002/P Appendix II to Information Report 08-25 Proposed Information Revision 29 to the City of Pickering Official Plan Proposed Informational Revision 29 to the Pickering Official Plan Purpose: The purpose of this Revision is to change the informational text contained within the Pickering Official Plan to update informational text on pre- consultations from mandatory to advisory to match policy changes made through Amendment 52. Location: Not applicable. Basis: The informational Text should support, not conflict with the policy language of the Pickering Official Plan. Proposed The City of Pickering Official Plan is hereby revised by: Revision: (New text shown as underlined text, deleted text shown as strikeout text, retained text shown as unchanged text) 1. Revising the third informational paragraph in Chapter 16 – Development Review, to read as follows: This Chapter also outlines the various reports that are required to be submitted in conjunction with a development application 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, City staff strongly recommend that applicants continue to request pre-submission consultation meetings with City and agency staff, despite their non-mandatory nature. At those meetings, staff and agency representatives will identify the studies from the standard list that will not be required, or may be scoped in extent, or may request additional information depending on the complexity of the application. Cross Reference: OPA 25-002/P