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HomeMy WebLinkAboutMay 1, 2023Planning & Development Committee Meeting Agenda May 1, 2023 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Pickles For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person, or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1.Roll Call 2.Disclosure of Interest 3.Statutory Public Meetings Statutory Public Meetings are held to receive input and feedback on certain types ofplanning applications. Members of the public looking to provide a verbal delegation toMembers of the Planning & Development Committee may do so either in person orthrough a virtual audio telephone connection into the meeting. For more information, andto register as a delegate, visit www.pickering.ca/delegation, and complete the on-linedelegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by theChair in the order in which they have registered. A maximum of 10 minutes shall beallotted for each delegation. Please be advised that your name will appear in the public record and will be posted onthe City’s website as part of the meeting minutes. 3.1 Information Report No. 04-23 1 Zoning By-law Amendment Application A 01/23 Pickering Valley Developments Limited 1525 Pickering Parkway 3.2 Information Report No. 05-23 22 City Initiated Official Plan Amendment 49 Changes to additional dwelling unit policies and regulations in response to Bill 108, the More Homes, More Choice Act, 2019: Ontario’s Housing Supply Action Plan, and Bill 23, More Homes Built Faster Act, 2022 Files: OPA 23-002/P and A 04/23 4.Delegations Planning & Development Committee Meeting Agenda May 1, 2023 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Pickles For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee may do so either in person or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 5.Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 12-23 94 City Initiated Official Plan Amendment 46 Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022 File: OPA 22-003/P Recommendation: 1.That Official Plan Amendment Application OPA 22-003/P, initiated bythe City of Pickering, to amend existing policies and introduce newpolicies related to the review of Planning Act applications, as set outin Exhibit ‘A’ to Appendix I to Report PLN 12-23 be approved; 2.That the Draft By-law to adopt Amendment 46 to the PickeringOfficial Plan, to amend existing policies and introduce new policiesto the Pickering Official Plan with regard to the review of Planning Act applications under Bill 109, the More Homes For Everyone Act,2022, as set out in Appendix I to Report PLN 12-23, be enacted; 3.That the revised Draft Pre-consultation By-law, as set out inAppendix II to Report PLN 12-23, be enacted; 4.That, in response to legislated changes arising from the enactmentof Bill 109, the More Homes For Everyone Act, 2022, the City Planning & Development Committee Meeting Agenda May 1, 2023 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Pickles For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Development Department – Planning Fees be approved, effective July 1, 2023; 5. That an amendment 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 III to Report PLN 12-23, be approved; and, 6. 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 III to Report PLN 12-23, be enacted. 6. Other Business 7. Adjournment Information Report to Planning & Development Committee Report Number: 04-23 Date: May 1, 2023 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 01/23 Pickering Valley Developments Limited 1525 Pickering Parkway 1.Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, submitted by Pickering Valley Developments Limited, to facilitate the construction of a high-density residential condominium building. This report contains general information on the applicable Official Plan and other related policies and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the application, ask questions for clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2.Property Location and Description The subject property is located at the southeast corner of the intersection of Pickering Parkway and Valley Farm Road, north of Highway 401, within the City Centre (see Location Map, Attachment #1). The site has an area of approximately 0.51 of a hectare, with frontage along Pickering Parkway. The property is currently vacant. The site has an existing driveway which is accessed from Pickering Parkway. There are two existing sanitary sewer easements in favour of the Region of Durham that run along the western lot line and along the southern lot line, parallel to Highway 401. In addition, there is an existing easement in favour of Bell Canada along the southern lot, also parallel to Highway 401. The surrounding land uses are as follows (see Air Photo Map, Attachment #2): West: The property immediately to the west is owned by the City, but is subject to a long-term lease agreement with Elexicon. The site currently contains an electrical substation operated by Elexicon. Further west is a 3-storey office building. - 1 - Information Report 04-23 Page 2 North: To the north, across Pickering Parkway on the east side of Valley Farm Road, is a residential condominium development consisting of 3-storey townhouse units and 4 condominium apartment buildings, ranging between 5 and 6 storeys. On the west side of Valley Farm Road are lands owned by Canadian Apartment Properties Real Estate Investment Trust (“CAPREIT”) containing 5 rental apartment buildings, ranging between 5 and 6-storeys. South: Immediately to the south is Highway 401. East: Immediately to the east is a self-storage facility. 3. Applicant’s Proposal The applicant has submitted applications for Zoning By-law Amendment and Site Plan Approval to facilitate the construction of a 40-storey residential condominium building, with a podium ranging between 4 and 6 storeys (see Submitted Site Plan, Attachment #3, and Submitted Conceptual Renderings, Attachments #4 and #5). The total number of dwelling units proposed is 514, of which 79 units (15 percent) are accessible. The accessible units will provide a barrier-free path of travel to the bedrooms for a wheelchair, barrier-free light switches with regards to the height of the switches, barrier-free washrooms and a barrier-free entrance/foyer. The table below summarizes the key details of the proposal: Provision Proposal Net Floor Area (NFA) 29,551 square metres Floor Space Index (FSI) 5.75 Number of Storeys and Building Height 40 storeys Approximately 132 metres Number and Type of Residential Units • 1 Bedroom: 249 units • 1 Bedroom Plus Den: 127 units • 2 Bedroom: 81 units • 2 Bedroom Plus Den: 29 units • 3 Bedroom: 28 units Total: 514 residential units, of which 79 are accessible units Tower Floor Plate Size Approximately 850 square metres Private Amenity Area • Indoor: 1,031 square metres • Outdoor: 1,050 square metres Total: 2,081 square metres - 2 - Information Report 04-23 Page 3 Provision Proposal Vehicular Parking • Resident – 362 spaces (located within Levels 1 to 3 of the underground parking garage and Floors 2 to 4 of the podium) • Visitor – 51 spaces (28 located on the ground floor of the podium and 23 located on Floor 2 of the podium) Total: 413 parking spaces Bicycle Parking 257 bicycle spaces located on the ground floor of the podium Vehicular access to the site and the underground parking garage is proposed from a driveway located at the northeast corner of the site, accessed from Pickering Parkway. The Ministry of Transportation requires a 14.0 metre setback between any building or structure on the subject property and Highway 401. Landscaping is permitted within the required setback. As such, the applicant is proposing to provide a dog run, a walking path, and two berms within the 14.0 metre setback. Indoor amenity space is proposed on the ground floor of the podium fronting Pickering Parkway, including a co-working lounge, bike repair area, crafting area, gym/fitness area and a children's sports area. A pet washing station is also proposed in the lobby. Additional indoor and outdoor amenity space is proposed on Floors 5 and 7 of the podium, including an outdoor kitchen, seating areas, a community garden and green roofs. To facilitate the proposed development, the applicant is requesting site-specific exceptions to the City Centre Zoning By-law. The requested amendments are outlined in Section 4.4 of this report. An application for Site Plan Approval has been submitted, and is currently under review. The proposed development will also be subject to a future application for a draft plan of condominium. 4. Policy Framework 4.1 Durham Regional Official Plan 4.1.1 The subject property is within an Urban Growth Centre The Durham Regional Official Plan (DROP) identifies the subject property as being with an Urban Growth Centre. Urban Growth Centres (UGCs) are focal points for intensive urban development and the main concentrations for institutional, public services, major office, commercial, recreational, residential, entertainment and cultural uses. UGCs serve as major employment centres and shall accommodate a minimum density target of 200 persons and jobs per gross hectare and a minimum floor space index (FSI) of 3.0. The built form in UGCs should be a mix of predominantly high-rise with some mid-rise development. - 3 - Information Report 04-23 Page 4 4.1.2 The subject property is within a Major Transit Station Area The draft Regional Official Plan Amendment for Major Transit Station Areas identifies the subject property as being within a Major Transit Station Area (MTSA) for the Pickering GO Station. This amendment is a component of Envision Durham, which is the municipal comprehensive review being undertaken for the Regional Official Plan. MTSAs are primary locations for mixed-use and transit-oriented development, providing a variety of housing opportunities (including affordable housing), office uses, street-oriented commercial uses, institutional uses, recreational uses and public amenities. The highest densities within MTSAs are intended to be concentrated near GO Stations to integrate the station with development. New development with MTSAs should consider reduced parking standards and structured and shared parking. In support of existing and future transit services, developments adjacent to transportation hubs shall provide for: • complementary higher-order density and mixed uses, at an appropriate scale and context; • buildings oriented toward the street, to reduce walking distances to transit facilities; • facilities which support non-auto modes including: drop off facilities, bus bays, bus loops, bus shelters, walkways, trails, and other pedestrian and cycling facilities; and • limited surface parking and the potential redevelopment of existing surface parking. The applicant’s proposal will be assessed against the policies of the Durham Regional Official Plan during further processing of this application. 4.2 Pickering Official Plan The subject property is designated “Mixed Use Areas – City Centre” within the Pickering Official Plan. This designation permits high-density residential uses, retailing of goods and services, offices and restaurants, hotels, convention centres, community, cultural and recreational uses, community gardens, and farmers’ market. The designation permits a minimum net residential density of 80 units per hectare and no maximum density; a maximum gross leasable floor space for the retailing of goods and services of up to and including 300,000 square metres; and a maximum floor space index (FSI) of over 0.75 and up to and including 5.75. The City Centre Neighbourhood also includes specific policies with respect to enhancements to the public realm; active uses at grade; performance criteria for tall buildings to minimize adverse impacts concerning shadowing, sky view, privacy and transition to established low-density development; and pedestrian network and mobility. The key policies within the City Centre Neighbourhood, as it relates to the proposal, are summarized in Attachment #6 to this report. Pickering Parkway is identified as a Type C Arterial road in the Official Plan. Type C Arterial roads are designed to carry lower volumes of traffic at slower speeds, provide access to properties, and generally have a right-of-way width ranging from 26 to 30 metres. - 4 - Information Report 04-23 Page 5 4.2.1 Affordable Housing Section 6.4 of the Pickering Official Plan states that City Council shall require a minimum of 25 percent of new residential construction, on a City-wide basis, to be of forms that would be affordable to households of low or moderate incomes. Under the Official Plan, affordable is defined as annual housing costs (rent or mortgage payments) that do not exceed 30 percent of gross household income. No affordable housing units are proposed as part of this development. The applicant’s proposal will be assessed against the policies of the Pickering Official Plan during further processing of this application. 4.3 Pickering City Centre Urban Design Guidelines The City Centre Urban Design Guidelines (UDG) provide design direction for intensification, to guide buildings and private development, as well as investments in public infrastructure in the City Centre. Some of the key guiding principles of the UDG include: • make the City Centre highly walkable, with new streets and pathways, a compact block pattern, traffic calming measures, and visually interesting streetscapes; • encourage a mix of land uses to create vitality at all times of the day, by enhancing the range of activities, amenities and uses that will attract and serve all ages for all seasons; and • offer distinct living options, urban in format, and near shopping, entertainment, culture, and work. The key urban design objectives with respect to built form, site design, landscaping, building design, and pedestrian connections as it relates to the proposal are summarized in Attachment #7 to this report. 4.4 City Centre Zoning By-law 7553/17 The subject property is zoned “City Centre One – CC1” within the City Centre By-law 7553/17, as amended. Permitted uses include a broad range of residential and non-residential uses, such as apartment, townhouse, commercial, office, retail, community, recreational, and institutional uses. To facilitate the proposed development, the applicant is requesting the following site-specific amendments: • increase the maximum building height from 77 metres (approximately 25 storeys) to 133 metres (40 storeys); • reduce the minimum residential parking ratio from 0.8 parking spaces per dwelling unit to 0.65 spaces; • reduce the minimum visitor parking ratio from 0.15 of a parking space per dwelling unit to 0.10 of a space; - 5 - Information Report 04-23 Page 6 • add a provision to permit stacked bicycle parking (see Figure 1 below), whereas the by-law only includes minimum parking space dimensions for horizontal and vertical bicycle parking spaces; • increase the maximum permitted podium height from 20 metres to 22 metres; • permit structures (such as mechanical equipment, architectural features, landscape features and wind/noise attenuation structures) on the podium to project beyond the maximum podium height; and • remove the minimum main wall stepback requirement, whereas the by-law requires a minimum main wall stepback of 3.0 metres between the top 6.0 and 18.0 metres of a point tower. Figure 1: Example of stacked bicycle parking 5. Comments Received 5.1 Comments Received from the Public Open House and Written Submissions On March 29, 2023, the City Development Department hosted a Public Open House meeting to inform area residents about the proposed development. Notice of the open house meeting was provided through a mailing to all properties within 150 metres of the subject property (in total, notice was mailed to 364 property owners). In addition, an open house meeting notice sign was erected at the property on March 9, 2023. Approximately 10 residents attended the open house meeting. In addition, before the open house meeting, written comments were received from 4 neighbouring landowners. Notice of this Statutory Public Meeting was provided through a mailing to all properties within 150 metres of the subject property and those who have provided written or verbal comments and/or requested to be notified of all future meetings. A public meeting notice sign was erected at the property on March 30, 2023. The following is a list of key comments and concerns expressed by area residents at the open house meeting and through written submissions: - 6 - Information Report 04-23 Page 7 • concerns related to increased traffic on Pickering Parkway as a result of the proposed development; • objects to the proposed reduction to the minimum residential and visitor parking ratios, as future residents of the development may park in fire routes or on neighbouring properties; • objects to the request to add a provision to permit stacked bicycle parking; • objects to the request to permit noise attenuation structures on the podium to project beyond the maximum podium height, as the applicant has not provided data regarding the true type and source of noise to be attenuated; • concerns related to the proposed increase in building height due to shadowing impacts on neighbouring properties; • concerns related to existing wind conditions in the area and the potential for increased wind impacts on neighbouring properties caused by the proposed development; • concerns related to the loss of views from neighbouring balconies as a result of the proposed development; • concerns related to the speed at which vehicles travel along Pickering Parkway and the need for a signalized intersection at Pickering Parkway and Glenanna Road; and • questions related to why the applicant’s submitted Traffic Impact Study did not refer to the Region of Durham’s 2017 Transportation Master Plan. 5.2 Agency Comments As of the date of this report, comments have been received from the following external agencies: 5.2.1 Durham Regional Police, Radio Systems • Construction of a 40-storey tower on the subject property will pose no immediate obstruction issue for the Region’s NextGen radio system and associated microwave links. 5.2.2 Ministry of Transportation (MTO) • MTO has no objections to the zoning by-law amendment application. • No feature, amenity or operational arrangement (such as, but not limited to, fire routes, emergency accesses/exits, parking, etc.) that is required by the by-law or is essential to the viability of the site shall be located within the required 14.0 metre setback from Highway 401. • MTO is satisfied with the submitted Traffic Impact Statement. 5.2.3 Durham District School Board (DDSB) • DDSB has reviewed the application and has no objections to the proposed amendments. • Students generated from this development will attend neighbouring schools. - 7 - Information Report 04-23 Page 8 5.3 City Department Comments As of the date of this report, no comments have been received from internal City Departments. 6. Planning & Design Section Comments The following is a summary of key concerns or matters of importance raised to date. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant before a final recommendation report to the Planning & Development Committee: • ensure conformity with the City of Pickering Official Plan and the City Centre Urban Design Guidelines; • assess the suitability and appropriateness of the site for the proposed increase in building height; • review the proposed resident and visitor parking standards and ensure that sufficient parking is provided to support the proposal; • review the requested site-specific exceptions to ensure the proposed design of the building maintains the general intent and purpose of the City Centre Zoning By-law and the City Centre Urban Design Guidelines; • require the applicant to explore opportunities to provide affordable housing units within the development, as required by the Pickering Official Plan; • given the site’s close proximity to high-order transit, request the applicant to explore opportunities to provide a greater mix of uses, such as office space and commercial/retail uses; • ensure the traffic generated by the proposal can be accommodated by the existing road network; • ensure the applicant’s proposed sustainable design features are consistent with the City’s new Integrated Sustainable Design Standards; and • ensure the architectural treatments of the building are enhanced (e.g., architectural projections, use of high-quality building materials, glazing, interesting roofline, etc.) since the building will have significant prominence and visual presence along the Highway 401 frontage. Further issues may be identified following receipt and review of comments from the circulated departments, agencies and the public. The City Development Department will conclude its position on the application after it has received and assessed comments from the circulated department, agencies and the public. 7. Information Received Copies of the plans and studies submitted in support of the application are listed below and available for viewing on the City’s website at pickering.ca/devapp, or at the offices of the City of Pickering, City Development Department: • Arborist Report, prepared by The MBTW Group, dated December 20, 2022; • Architectural Drawings, prepared by IBI Group Architects, dated December 21, 2022; • Construction Management Plan, prepared by WSP Canada, dated December 15, 2022; - 8 - Information Report 04-23 Page 9 • Site Servicing Plan, prepared by GHD Inc., dated December 2, 2022; • Grading Plan, prepared by GHD Inc., dated December 2, 2022; • Erosion & Sediment Control Plan, prepared by GHD Inc., dated December 2, 2022; • Functional Servicing and Stormwater Management Report, prepared by GHD Inc., dated December 22, 2022; • Landscape Plans, prepared by The MBTW Group, dated December 21, 2022; • Noise and Vibration Study, prepared by Howe Gastmeier Chapnik Limited (HGC Engineering), dated December 21, 2022; • Phase I Environmental Site Assessment, prepared by B.I.G. Consulting Inc., dated December 21, 2022; • Phase II Environmental Site Assessment, prepared by prepared by B.I.G. Consulting Inc., dated December 21, 2022; • Photometric Plan, prepared by Trace Engineering Ltd., dated December 21, 2022; • Planning Rationale Report and Urban Design Brief, prepared by The Biglieri Group Ltd., dated December 2022; • Preliminary Geotechnical Investigation, prepared by B.I.G. Consulting Inc., dated December 21, 2022; • Preliminary Hydrogeological Investigation, prepared by B.I.G. Consulting Inc., dated December 21, 2022; • Stages 1 and 2 Archaeological Report, prepared by ASI, dated October 17, 2019; • Information and Communication Technologies Implementation Plan, prepared by T2 Utility Engineers, dated December 14, 2022; • Survey, prepared by R. Avis Surveying Inc., dated July 5, 2022; • Sustainability Report, prepared by EQ Building Performance, dated December 21, 2022; • Traffic Impact Study, prepared by WSP Canada, dated December 21, 2022; • Tree Protection Plan, prepared by The MBTW Group, dated December 21, 2022; and • Wind Study, prepared by Gradient Wind Engineers & Scientists, dated December 21, 2022. 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Hybrid Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; 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. - 9 - Information Report 04-23 Page 10 9. Owner/Applicant Information The owner of this property is Pickering Valley Developments Limited, who is represented by The Biglieri Group. Attachments: 1. Location Map 2. Air Photo Map 3. Submitted Site Plan 4. Submitted Conceptual Rendering – Facing Southeast 5. Submitted Conceptual Rendering – Facing Northwest 6. City Centre Neighbourhood Policies Related to the Proposal 7. City Centre Urban Design Guidelines Related to the Proposal Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner IL:ld Date of Report: April 17, 2023 - 10 - Attachment #1 to Information Report 04-23 Sa n d y B e a c h R o a d Va l l e y F a r m R o a d Pickering Park w a y Gl e n a n n a R o a d Celebration Drive Diefenbaker Court The Esplanade S The Esplanade N Allianc e Road Highway 401 EsplanadePark Diana PrincessOf Wales Park RecreationComplex 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 01/23 THIS IS NOT A PLAN OF SURVEY. Date: Jan. 05, 2023 ¯ E Pickering Valley Developments Limited1525 Pickering Parkway HydroLands SubjectLands L:\PLANNING\01-MapFiles\A\2023\A 01-23 The Biglieri Group\A01_23_LocationMap.mxd HydroLands - 11 - Attachment #2 to Information Report 04-23 Kingsto n R o a d Sa n d y B e a c h R o a d Gl e n a n n a R o a d V a l l e y F a r m R o a d Pickering Park w a y Celebration Drive Diefenbaker Court The Esplanade S The Esplanade N Alliance Road Highway 401 Air Photo MapFile:Applicant:Municipal Address: A01/23 Date: Mar. 16, 2023 ¯ E Pickering Valley Developments Limited1525 Pickering Parkway SubjectLands 1:5,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroCorridor Diana PrincessOf Wales Park HydroCorridor - 12 - Attachment #3 to Information Report 04-23 Submitted Site Plan City Development Department March 21, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 01/23 Pickering Valley Developments LimitedApplicant: Municipal Address: DATE: File No: 1525 Pickering Parkway L:\Planning\01-MapFiles\A\2023 N - 13 - Attachment #4 to Information Report 04-23 City Development Department March 21, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 01/23 Pickering Valley Developments LimitedApplicant: Municipal Address: DATE: File No: 1525 Pickering Parkway L:\Planning\01-MapFiles\A\2023 Submitted Conceptual Rendering - Facing Southeast - 14 - Attachment #5 to Information Report 04-23 City Development Department March 21, 2023FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 01/23 Pickering Valley Developments LimitedApplicant: Municipal Address: DATE: File No: 1525 Pickering Parkway L:\Planning\01-MapFiles\A\2023 Submitted Conceptual Rendering - Facing Northwest - 15 - Attachment #6 to Information Report 04-23 City Centre Neighbourhood Policies Related to the Proposal •Encourage the highest mix and intensity of uses and activities in the City to be in this neighbourhood. •Encourage the transformation of the City Centre into a more liveable, walkable and human-scaled neighbourhood with inviting public spaces such as parks, squares and streets. •Encourage the development of streetscapes, public spaces, and pedestrian routes that are safe and comfortable for all genders and ages, accessible, and easy to navigate regardless of physical ability. •Encourage street-facing façades to have adequate entrances and windows facing the street. •Encourage publicly accessible outdoor and indoor spaces where people can gather. •Encourage new development to be designed, located and massed in such a way that it limits any shadowing on the public realm, parks, and public spaces in order to achieve adequate sunlight, and comfort in the public realm through all four seasons. •Locate either a park or square within a 5 minute walk of all residences and places to work located within the City Centre. •Encourage opportunities for public art contributions and/or the integration of public art with development and infrastructure. •Encourage the development of buildings with active frontages at grade, in appropriate locations, to promote a vibrant and safe street life. •Require new development, in close proximity to established low density residential areas, to be gradually transitioned in height. •Promote the highest buildings to locate on sites along or in proximity to Highway 401, or in proximity to higher order transit stations. •Consider, in review of development applications for buildings taller than 5-storeys, the following performance criteria: •that buildings be massed in response to the scale of surrounding buildings, nearby streets and public open spaces; •that upper levels of buildings be set back, or a podium and point tower form, be introduced to help create a human scale at street level; •that shadowing impacts on surrounding development, publicly accessible open spaces, and sidewalks, be mitigated/minimized to the extent feasible; •that sufficient spacing be provided between the building face of building towers to provide views, privacy for residents, and to minimize any shadowing and wind tunnel impacts on surrounding development, streets and public spaces; •that buildings be oriented to optimize sunlight and amenity for dwellings, private open spaces, adjoining open spaces and sidewalks; •that living areas, windows, and private open spaces, be located to minimize the potential for overshadowing adjoining residential properties; - 16 - • that informal or passive surveillance of streets and other public open spaces, be maximized, by providing windows to overlook street and public spaces and using level changes, floor and balcony spaces elevated above the street level to allow views from residential units into adjacent public spaces whilst controlling views into these units; and • that protection be provided for pedestrians in public and private spaces from wind down drafts. • Require all new buildings in the City Centre to be at least 3 functional storeys. • Consider in the review of development applications, the following performance criteria with regard to on-site parking and access drives/aisles: • that parking be situated either in parking areas located at the rear or side of the building, or on-street, where the development fronts on a collector or local road; • that the parking format be structured, or below grade parking; • that parking structures be treated architecturally as building fronts with no blank walls; • that shared parking be encouraged in mixed use areas to minimize land devoted to parking; • that surface parking areas be well landscaped and lit, to provide a safe and comfortable pedestrian environment; and • that access driveways, and to side and rear parking areas, be consolidated where practical, and be accessible by a public laneway or drive aisle. • Consider a reduction in the number of required car parking spaces where bicycle parking facilities or transportation demand management measures are provided. • Consider Council’s objective to achieve a balance of opportunities to live, work and play in the City Centre by adopting a resident to job ratio of 1:1. - 17 - Attachment #7 to Information Report 04-23 City Centre Urban Design Guidelines Related to the Proposal Site Design •The design of sites and buildings shall seek to create and enhance view portals and vistas of parks and signature buildings within the City Centre. •Site grades shall be matched to the street grade and surrounding properties, where possible. •The placement and orientation of buildings should define and augment the public realm (streets and open spaces), and places on properties where routes intersect and people congregate, such as private squares. The coordination of building location along a street edge, and the placement of buildings on prominent corners, help create an active and attractive streetscape. •Buildings shall be aligned to contribute to a consistent street wall with minimal gaps or courts between buildings, except to allow for pedestrian access to internal lanes, walkways. •Throughout the City Centre, the building face shall be articulated through recessions, projections, and change of materials. •The installation of awnings or canopies is encouraged to provide weather protection and to animate storefronts. These elements may project over the sidewalk, subject to the following criteria: •that safe unobstructed clearance be provided for pedestrians; •that retractable awnings be considered because they provide greater flexibility and control for business over sun and shadow impacts and during storm events or heavy snow falls; and •that encroachment agreements be entered into with the Region of Durham or the City of Pickering where canopies or awnings extend over the sidewalk or public right-of-way. •Building setbacks may vary between 1.0 metre and 4.0 metres to maintain a visually consistent streets edge. Building setbacks could be increased to create public accessible open spaces such as court yards or plazas along a streetline. •For buildings 8 storeys in height or greater, a minimum building separation of 18.0 metres is required, but it may be reduced if there are no primary windows in the wall facing an abutting building. •Tower portions of a building, (those over 12 storeys),, are subject to a minimum tower separation distance of 25.0 metres, to provide outlook, daylight access, and privacy for residents. •The design of pedestrian walkways on-site shall seek direct connectivity to adjacent public spaces, transit stops and amenities. •Primary entrances of buildings along the street edge shall be encouraged to face the streets. Entrances at grade should be highly visible, accentuated through design, and of appropriate scale to their function and frequency of use. •Pedestrian walkways between building entrances and the street shall have a minimum width of 1.8 metres, be barrier-free, and provide curb ramps at grade changes with minimum cross gradient. - 18 - • Distinctive paving material or coloured markings shall be used for pedestrian walkways to ease way finding and identify pedestrian routes. • Pedestrian-scaled lighting shall be encouraged along pedestrian walkways to improve security and visibility. • Landscaping elements, such as planters or benches, shall be encouraged along pedestrian walkways to define the paths, and to create an attractive and pleasant pedestrian realm. • Outdoor waiting areas in front of residential or office towers should be weather protected to make waiting and access to and from the site more comfortable. This may include awnings, building projections or covered waiting areas. • Structured, above grade parking, with high quality architectural and landscape treatment that is visually and physically designed to be part of a larger development is acceptable. • Large scale residential developments, such as condominium apartment blocks and office towers, shall be encouraged to include adequate, secure indoor bicycle storage for residents or employees, and charging stations for electric vehicles. • The exterior vehicular ramps and entrances to structured parking below or above grade shall be located at the rear or side of buildings, and avoid locations in close proximity of streets and street corners. • Well defined, safe pedestrian entrances to structured parking will be provided from streets. • Any surface parking areas, drive-aisle and accesses will be located at the rear and sides of development, and shall generally not exceed 30 percent of the total width of any street frontage of a lot. • Access to parking, and automobile drop-off areas, will be designed to minimize pedestrian/vehicular conflict. The number of vehicular access points will be kept to a minimum to reduce potential conflict between pedestrians, cyclists, and motor vehicles. • Adequate short-term bicycle parking should be provided at grade for larger developments. At grade, short-term bicycle parking should be located close to building entrances (residential lobbies, retail store entrances and office entrances). • Loading areas shall be located at the side or the rear of buildings, or below grade or within the building, where feasible. Where loading areas are located to the side of a building, it should be screened from public view. • Waste and recycling facilities shall be fully enclosed, and encouraged to be integrated with the principal building on a site. • Internal routes, to loading areas and waste and recycling facilities, are encouraged to be designed to avoid crossing primary vehicular circulation routes and walkways. • Transformer vaults, utility meters, and other services shall be located within the building and/or internal to the site, and away from public view. - 19 - • Service and utility areas shall be concealed with fencing, screens, and landscaping, and use materials that coordinate or blend with the main structure. Cluster or group utilities to minimize the visual and other impacts on the streetscape and public spaces. • Building exhaust, and other service intake or output vents, shall be located and concealed to avoid impact on public sidewalks, outdoor spaces, and adjacent development. Service intake vents shall generally not project 1.2 metres above finished grade and no closer than 4.0 metres to a street line. • At least 10 percent of each lot shall be landscaped. • A landscape buffer of at least 3.0 metres wide shall be encouraged along surface parking lots situated adjacent to a street, to limit its visual impact on the public realm, to ensure a safe and comfortable pedestrian realm, and to mitigate stormwater runoff from paved areas. • Landscape buffers or landscaping within properties shall include a combination of indigenous deciduous and evergreen trees and shrubs that are hardy, tolerant to de-icing agents; and adaptable to urban conditions. • Soft landscaping elements, such as trees and shrubs, and hard landscaping elements such as rockery and water features, should be used to enhance the visual image of a site, and to define pedestrian routes, and private open spaces, on a property. • Foundation planting may be incorporated to soften the visual impact of continuous building mass along the street edge. • Pedestrian scaled lighting shall be used to illuminate pedestrian connections and private open spaces. • Accent lighting may be used to accentuate landmark buildings, prominent building façades, landscape features and public art. • Building entrances should be accentuated through exterior lighting to provide a safe pedestrian environment and to assist with wayfinding. Building Design • The shadow impacts of buildings on public open spaces, and private amenity areas, shall be minimized. • Design buildings with a defined base, middle and top section, to emphasize human scale dimensions, reduce appearance of bulk, and to create an interesting skyline. • The base component (podium) of a building generally establishes the height of the street wall along a street, and establishes human scale at the street level. The building podium should be at least 3 storeys before any building step-backs are introduced. The base shall have a minimum floor-to-ceiling height of 4.5 metres along active at grade frontage, to accommodate a range of uses over time. • The middle component of a building generally constitutes the bulk of the building, and typically consists of office or residential uses. The floor plate above the podium shall not exceed 850 square metres. Continuous blank walls are generally not permitted on tower faces. - 20 - • The top of a building is where the building wall meets the roof. The top of towers should be attractively designed using setbacks, articulation and other means to contribute positively to the skyline. The tower tops should screen rooftop mechanical equipment through roof parapets, or by incorporating mechanical penthouses and elevator cores into the design of the building top, to contribute to an attractive skyline profile. • All buildings should be built with high quality, enduring materials such as brick, stone, and glass. Materials that do not age well, such as stucco, vinyl, and highly reflective glass will be discouraged. • Variation in façade treatment, building materials and colours shall be sought along the street edge in order to create an appealing and interesting streetscape. • Large expanses of blank walls should be avoided by façade articulation (i.e., recessions or projections), fenestration, cornices, vertical pillars, and prominent entrances that respond to the massing and architectural style of the building. • Service meters and connections, vents and building utilities on façades facing public streets shall be minimized by concealment (i.e., landscape screening or sensitively integrating them within the building design). • Development within the City Centre shall be encouraged to incorporate sustainable development practices such as optimizing energy efficiency of buildings, Leadership in Energy and Environmental Design (LEED) certification or alternative equivalent for new private and public buildings, providing vehicle charging stations, and low impact development practices (i.e., the use of grey water systems). • Roof tops are encouraged to include green roof spaces for environmental sustainability, amenity space for residents, or urban agriculture. • Bird-friendly glazing should be installed on tall buildings in locations that are within known migratory routes. • Landscape opportunities should be maximized within the City Centre in order to increase the tree canopy, improve air quality, and groundwater infiltration. • The roofs of mid-rise, tall buildings, and podiums, shall be encouraged to have green or vegetated roofs to improve environmental performance of the building and provide amenity space where appropriate. • The design and orientation of buildings shall consider aspects such as passive solar gain, minimizing the adverse shadow impacts on adjacent buildings, streets and open spaces, and minimizing adverse wind impacts on the public realm. - 21 - Information Report to Planning & Development Committee Report Number: 05-23 Date: May 1, 2023 From: Catherine Rose Chief Planner Subject: City Initiated Official Plan Amendment 49 Changes to additional dwelling unit policies and regulations in response to Bill 108, the More Homes, More Choice Act, 2019: Ontario’s Housing Supply Action Plan, and Bill 23, More Homes Built Faster Act, 2022 Files: OPA 23-002/P and A 04/23 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding City initiated applications for proposed changes to Official Plan policy and Zoning By-law regulations for additional dwelling units. This report contains general information on the applicable Official Plan and other related policies and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification and identify any planning issues. This report is for information and no decision is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Background 2.1 Provincial Legislation In 2019, the Province introduced More Homes, More Choice: Ontario’s Housing Supply Action Plan through Bill 108, which included changes to the Planning Act to further support the construction of additional dwelling units (ADUs). Some of the changes introduced included: • allowing municipalities to permit one ADU in detached, semi-detached, and row houses, and one ADU within an accessory buildings, effectively allowing up to three residential units on a single lot; • prohibiting municipalities from applying a development charge for ADUs (subject to restrictions); • prohibiting municipalities from setting a minimum floor area for ADUs; and • prohibiting municipalities from requiring more than one additional parking space for each ADU. - 22 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 2 In October 2022, the Province introduced Bill 23, the More Homes Built Faster Act, which extended the permissions provided by Bill 108. Where Bill 108 allowed municipalities to permit up to two ADUs on a lot, Bill 23 now requires municipalities to permit up to two ADUs on a lot. In addition, those two ADUs may now both be located within a detached, semi-detached, and row house. 2.2 Provincial Policy Statement The priorities of the Provincial Policy Statement (PPS) include efficient land use patterns that support sustainability, and accommodate appropriate forms of affordable housing. Municipalities are to permit a broad range of housing options, including ADUs. Constructing ADUs within existing neighbourhoods (also known as gentle density) provides cost-effective development that maximizes existing municipal servicing. While new residential development is largely directed to settlement areas, the PPS also encourages the redevelopment of existing housing stock in the rural area. 2.3 A Place to Grow: Growth Plan for the Greater Golden Horseshoe The policies of the A Place to Grow plan promote a range and mix of housing options, including ADUs, and affordable housing, to serve all household incomes and ages. While the A Place to Grow plan’s primary goal is to direct residential development to settlement areas, it recognizes the benefit of limited rural development so long as it is compatible with the rural landscape, is supported by existing services, and will not adversely affect agricultural and aggregate operations. 2.4 Greenbelt Plan Within the Greenbelt Plan, outside of Villages and Hamlets, ADUs are permitted in detached dwellings, or existing accessory buildings, on the same lot, so long as they are not within the Greenbelt Natural Heritage System (NHS). Within Villages or Hamlets, ADUs are not permitted in the NHS. Otherwise, subject to servicing capacity, there is the potential for two ADUs on a lot. These permissions apply to the Hamlets of Greenwood, Balsam, and portions of Claremont that are within the Greenbelt Plan Area. The portions of Claremont within the Oak Ridges Moraine (ORM) are subject to more restrictive policies. 2.5 Oak Ridges Moraine Conservation Plan Within the Oak Ridges Moraine Conservation Plan, (ORMCP), the definition of “single dwelling” contains policy direction on where ADUs can be permitted within the ORM. For lands within the ORM, only one ADU is permitted on a lot, and it must be within a detached dwelling and only within the Countryside Area (which includes Rural Settlement Areas). This means that ADUs are not permitted in Natural Core or Natural Linkage areas, nor are they permitted in accessory buildings anywhere within the ORM. - 23 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 3 2.6 Minister’s Zoning Orders There are two Minister’s Zoning Orders that regulate land use in the north part of Pickering. Lots within these areas will not be permitted to have ADUs unless first being granted an amendment to the Zoning Order from the Ministry of Municipal Affairs and Housing. 3. Additional Dwelling Units (ADUs) 3.1 What is an ADU? An ADU is a self-contained unit in a house, or building accessory to a principal dwelling, that consists of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons, as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. ADUs may either be located within a house, or within an accessory building. They are often referred to as basement apartments, coach houses, garden suites, granny flats, in-law apartments, or nanny suites. ADUs provide an alternative housing option for extended families, elderly parents, or live-in caregivers. They help create mixed-income communities and gently densify existing neighbourhoods, by making efficient use of existing municipal services. 3.2 What is NOT an ADU? ADUs are not rooming or boarding houses, which are homes containing individual rooms for rent that provide communal facilities, such as washrooms and cooking facilities. Historically, duplexes and triplexes resulted in a built form that is often identical to what is now permitted for ADUs (two and three dwelling units on the same lot). 3.3 Experience of ADUs in Pickering ADUs, in the form of in-house apartments, have been permitted in Pickering for many years. Pickering first passed a two-unit registration by-law in 2004. Since that time, over 850 ADUs have been constructed and registered in Pickering. Over the last five years, almost 50 new ADUs have registered on an annual basis. It is assumed that a number of unregistered ADUs also exist within Pickering. 4. New regulations for ADUs 4.1 Authority for ADU Regulation Over and above the requirements for ADUs provided in the Planning Act, municipalities have the authority to regulate various aspects of ADUs to help them fit into the context of their communities. - 24 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 4 The following table lists a variety of regulations that can apply to ADUs, and identifies which approval authority is responsible for each regulation. Table 1: Authority for ADU Regulations Province of Ontario City of Pickering Number of ADUs on a lot Yes No Minimum floor area Yes No Maximum floor area No Yes Minimum parking spaces No Yes Maximum parking spaces Yes No Height No Yes Setbacks No Yes Landscaped Open Space in Front Yard No Yes Access width to ADU No Yes Other (if applicable) No Yes 4.2 Pickering Official Plan Policies The Official Plan contains only general policies that promote ADUs (secondary suites) as one part of an overall affordable housing strategy. The policies in the Official Plan will need to be revised to more explicitly permit ADUs, as directed by Provincial legislation. This includes creating a new policy section for ADUs in the Housing Chapter, clarifying where ADUs are permitted, and amending the definition. A copy of the proposed official plan amendment is provided in Appendix I to this Report. 4.3 Zoning Regulations The zoning regulations for ADUs in the City’s six current zoning by-laws do not conform with changes to the Planning Act, and therefore, need to be updated. The number and type of changes that need to be made are beyond the scope of the consolidated zoning by-law project. However, all changes approved through this amendment will be incorporated into the final draft of the consolidated zoning by-law. A copy of the proposed zoning by-law amendments are provided in Appendices II to VII. 4.3.1 Proposed Requirements for ADUs in Accessory Buildings – Maximum size The proposed zoning regulations for accessory buildings that contain an ADU are meant to facilitate an appropriate sized ADU, while also ensuring that these buildings respect the character of the neighbourhoods where they will be built. - 25 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 5 The size, (net floor area), of accessory buildings with an ADU is proposed to be regulated using the lesser of the following three criteria: • the existing lot coverage; • 50% of the net floor area of the house on the lot; and • a maximum net floor area of 150 square metres (1,614 square feet). Whichever limit is reached first will determine the maximum net floor area of the ADU. Table 2: Maximum ADU Size Example Existing Conditions Lot area 464 square metres 5,000 square feet Lot coverage maximum 33% (153 square metres) 33% (1,646 square feet) Net floor area of the house • Bungalow = 100 square metres • Finished basement = 85 square metres 185 square metres 2,000 square feet Lot coverage of bungalow 21.5% (100 square metres) 21.5% (1,076 square feet) ADU Size Limits Remaining lot coverage for ADU in an accessory building 53 square metres (11.5%) 570 square feet 50% of the net floor area of the house 92.5 square metres 995 square feet Maximum net floor area 150 square metres 1,614 square feet On most urban lots, it is expected that the existing lot coverage will limit the size of ADUs in accessory buildings. On larger lots, it is expected that the size of the existing house will determine the maximum size of ADUs in accessory buildings. On estate and rural lots with very large houses, the maximum net floor area requirement will limit the size of ADUs in accessory buildings. 4.3.2 Proposed requirements for ADUs in Accessory Buildings – Maximum height If renovations are made to the principal dwelling or attached garage to construct an ADU, the height limits for the principal dwelling apply. If an ADU is constructed in an accessory building, either on its own, or in combination with another use, such as a coach house overtop of a garage, then the height limits for an ADU will apply. In the case of ADUs within accessory buildings, the proposed height and setback requirements are shown in Table 3. - 26 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 6 Table 3: Maximum Height of an ADU in an Accessory Building Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to 6.5 Front Yard Setback min. (metres) Zone requirement Zone requirement Zone requirement Exterior Side Yard Setback min. (metres) Zone requirement Zone requirement Zone requirement Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 Based on the proposed requirements listed in Table 3, the maximum height of a detached ADU would be determined by the size of the lot. Larger lots (greater than 2,000 square metres in area) would be permitted to have ADUs to a maximum height of 6.5 metres. All other lots would only be permitted to have ADUs with a maximum height of 4.5 metres. This may restrict the construction of ADUs above detached garages on lots of 2,000 square metres or less. These height limitations are intended to keep ADUs in character with their neighbourhood context. Larger properties have greater room to locate taller accessory buildings than properties provided in compact urban neighbourhoods. It is also proposed that the height of the ADU correspond with the setbacks from the rear and interior side lot lines. ADUs within taller accessory buildings would be required to locate further from the property line. These setbacks are also intended to provide appropriate room within the lot for maintenance of the ADU and any property fence, while also providing room for effective stormwater drainage. Ontario Building Code requirements will determine the of amount of window space that may be permitted along any wall that faces a neighbouring lot. 4.3.3 Proposed Requirements for ADUs in Accessory Buildings – Setbacks from lot lines In addition to the setbacks to rear and interior side lot lines referenced above, it is also proposed that ADUs be subject to the front and exterior side yard setbacks that apply to the principal dwelling. In rare cases, where the principal dwelling is located far back on the lot and away from the street, it is possible that an ADU could be located between the principal dwelling and the street without the need of a minor variance. - 27 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 7 4.3.4 Proposed Requirements for all ADUs – Access to the public street Whether an ADU is constructed within the principal dwelling, or within an accessory building on the lot, one of the primary concerns is to ensure that there is safe access to and from the unit for emergency personnel. The proposed zoning amendment includes a requirement that the access to all ADUs include a 1.2 metre unobstructed path of travel to the public street. This ensures that emergency personnel are not blocked from providing aid and assistance to the residents of the ADU (i.e., bringing out an ill resident on a stretcher). 4.3.5 Proposed Requirements for all ADUs – Parking The Planning Act prohibits municipalities from requiring more than one parking space for each ADU. However, municipalities may also choose to reduce parking requirements where it is found to be appropriate. The current ADU regulations in Pickering require an ADU to provide one parking space. The draft zoning regulations propose to maintain the current parking requirement of one parking space for each ADU for the majority of the City. However, providing one parking space for each ADU may not always be necessary in areas that are served by higher-order transit. In general, reducing parking requirements supports public transit initiatives; sustainable and multi-modal travel choices; pedestrian oriented spaces; and compact urban form appropriate to optimize land and municipal infrastructure. Therefore, the draft zoning regulations propose to reduce the parking requirements for ADUs in the following circumstances: Table 4: Proposed Parking Exemptions for ADUs First Additional Dwelling Unit Second Additional Dwelling Unit Lot within the City Centre 0 parking spaces 0 parking spaces Lot within a 500 metres walking distance of Kingston Road or within 500 metres walking distance of the Pickering GO Station 1 parking space 0 parking spaces Parking for the existing house and the ADUs must be provided within the private property. This may include within the garage (if the garage is sized appropriately to qualify as a parking space) and on the driveway. Parking spaces for different dwelling units may be provided in tandem on the property. It will be up to the owner and tenants on the property to coordinate their access into and out of the driveway with one another. 4.3.6 Proposed Requirements for all ADUs – Landscape area / maximum driveway width The ability to provide off-street parking is expected to be a constraint in some neighbourhoods, where smaller lots cannot accommodate additional cars on the lot. One response to that property owners may take is to widen their driveways to make room for more cars. In some instances, driveway widenings may be appropriate. However, it is not - 28 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 8 the intent of these provisions that the yards between the house and the street be fully converted into parking areas. As a result, the proposed zoning regulations include a provision that a minimum of 30% of the front yard (and exterior side yard in the case of corner lots) must be maintained as landscaped area, and not be used for parking. This will help to preserve the residential-look of the lot from the street, prevent the creation of excessive stormwater drainage from the lot onto the street, and allow for landscaping and tree planting. This requirement will only apply to applications for new ADUs. It will not be retroactive to lots containing existing, registered ADUs. 4.3.7 Proposed Requirements for all ADUs – Home-based businesses Currently, home-based businesses are prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. It is proposed that this restriction be lifted. 4.3.8 Requirements for all ADUs – Ontario Building Code compliance and registration All ADUs, regardless if they are in the principal dwelling or in an accessory building, must comply with the Ontario Building Code and Ontario Fire Code. In addition, all ADUs will still be required to be registered with the City to help ensure conformity to zoning and other regulations. 4.4 Infill and Replacement Housing in Established Neighbourhoods In October 2021, Council passed Official Plan and zoning amendments to implement the recommendations of the Infill and Replacement Housing in Established Neighbourhoods study (Infill Study). This study gave direction on how to facilitate a sensitive transition between existing houses and new construction occurring in identified established neighbourhood precincts of the City. These amendments were subsequently appealed to the Ontario Land Tribunal. This appeal is still ongoing. The proposed amendments for ADUs would apply to all residential lots in the City that meet the established criteria, including lots located within the identified established neighbourhood precincts. 4.5 Servicing connections ADUs will be permitted on both urban properties, with full municipal services (water and sewer), and on rural properties, with private well and septic services. All ADUs, regardless of their size, will be required to comply with all requirements of the Ontario Building Code for servicing. In the case of ADUs on urban properties, all residential uses within a site are required to be serviced through one water main from the street to the Regional water metre installed in principal dwelling unit. New water connections can be made from that point to serve the additional dwelling units. Similarly, only one sanitary sewer connection will be permitted from the street to the principal dwelling. This will ensure that all water use is tracked under a single water bill. - 29 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 9 5. ADU Registration By-law In addition to revising the Official Plan policies and zoning regulations for ADUs, the City will also need to replace its Registration By-law to conform to the new permissions granted by the Planning Act. A draft of the new ADU By-law is attached as Appendix VIII. The draft ADU By-law has been reviewed by staff from the City Development (Building Division) and Corporate Services (Municipal Law Enforcement Services). 6. Public Notice and Engagement 6.1 Public Notice In accordance with the Planning Act, notice was given in the Pickering News Advertiser at least 20 days prior to the Statutory Public Meeting on April 6, 2023 and April 20, 2023. 6.2 ADU Open House A drop-in style open house was held on April 4, 2023, to provide the opportunity for the public to learn and ask questions about the Planning Act changes for ADUs, and to provide comments on how those changes are proposed to be implemented in Pickering (see Open House Slides, Attachment #1). This event was advertised in the Pickering News Advertiser on March 23, 2023 and March 30, 2023. It was also featured on the front page of the City’s website, and was promoted through the City’s social media channels, and digital signage in the community. In addition, a project web page was created (www.pickering.ca/ADU) where residents can learn about the proposed changes as well as the process for constructing and registering an ADU. 6.3 Public Comments Due to the broad media coverage that was given to Bill 23 in the Fall of 2022, staff have received several inquiries over the last several months from the public asking when ADU requirements would be updated in Pickering to accommodate the new provisions in the Planning Act. 60 people attended the Open House for ADUs held on April 4, 2023. Of those who attended, at least 10 indicated on survey forms that they were interested in constructing ADUs in the future. During the Open House, staff had the opportunity to hear a variety of comments and questions from the public. Many people wanted to understand how the proposed requirements would apply to their specific property. A few of the common questions received included: • How big can an ADU be within an accessory building? (see 4.3.1) • Can ADUs be located in the front yard if the existing house is set far back from the street? (see 4.3.3) • Can driveways be widened to accommodate additional parking for ADUs? (see 4.3.6) - 30 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 10 The majority of the Open House participants indicated that they would support ADUs in their neighbourhood provided that: • On-street parking is not impacted; • They are energy efficient and constructed to meet Ontario Building Code; • They are not too tall / an eye sore; • They are not used for short-term rentals; and • No change in property values. Some participants indicated that they still have concerns about ADUs because of: • Impacts to stormwater from widened driveways; and • Adding density to areas that cannot support it. Aside from costs, participants identified that the greatest barriers to constructing ADUs were: • Navigating the permit process; • Connections to municipal or private services; and • Increased property taxes. Since the Notice of the Public Meeting was advertised in the newspaper on April 6, 2023. As of the writing of this report, staff have received no further comments from the public. 7. Procedural Information 7.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Hybrid Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; 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. 7.2 Official Plan Amendment Approval Authority The Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest. At this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional Approval. - 31 - Information Report 05-23 May 1, 2023 Subject: City Initiated (OPA 23-002/P and A 04/23) Page 11 Appendices: Appendix I Draft Official Plan Amendment Appendix II Draft Amendment to Zoning By-law 2511 Appendix III Draft Amendment to Zoning By-law 2520 Appendix IV Draft Amendment to Zoning By-law 3036 Appendix V Draft Amendment to Zoning By-law 3037 Appendix VI Draft Amendment to Zoning By-law 7364/14 Appendix VII Draft Amendment to Zoning By-law 7553/17 Appendix VIII Draft Additional Dwelling Unit By-law Attachment: 1.ADU Open House Display Panels Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Paul Wirch, RPP Catherine Rose, MCIP, RPP Principal Planner, Policy Chief Planner Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics PW :ld Date of Report: April 17, 2023 - 32 - Appendix I to Information Report 05-23 Proposed Amendment 49 to the City of Pickering Official Plan - 33 - Proposed Amendment 49 to the Pickering Official Plan Purpose: The purpose of Amendment 49 is to bring the Pickering Official Plan into conformity with the Planning Act, R.S.O. 1990, c. P.13. for policies that permit additional dwelling units. Location: The Amendment contains policies that apply city-wide including urban and rural areas. Basis: Bill 108, More Homes, More Choice: Ontario’s Housing Supply Action Plan, included changes to the Planning Act to support the construction of additional dwelling units (ADUs). These changes included: •allowing municipalities to permit one ADU in detached, semi-detached, and row houses and one ADU within an accessory buildings, effectively allowing up to three residential units on a single lot; •prohibiting municipalities from applying a development charge for ADUs (subject to restrictions); •prohibiting municipalities from setting a minimum floor area for ADUs; and •prohibiting municipalities from requiring more than one additional parking space for each ADU. Bill 23, More Homes Built Faster, extended the permissions provided by Bill 108. Where Bill 108 allowed municipalities to permit up to two ADUs on a lot, Bill 23 now requires municipalities to permit up to two ADUs on a lot. In addition, those two ADUs may now both be located within a detached dwelling, semi-detached dwelling, block townhouse and street townhouse. 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 text is shown as unchanged text.) 1.Revising City Policy 3.4, Land Use Definitions, in Chapter 3 – Land Use, as follows: 3.4 For the purpose of this Plan, City Council shall define: (a)“net residential density” as the total number of dwellings per hectare of net residential site area, and shall not consider accessory additional dwelling units as dwelling units for the purpose of calculating density; - 34 - Proposed Amendment 49 to the Pickering Official Plan Page 2 2. Revising City Policy 3.9, Urban Residential Areas, in Chapter 3 – Land Use, by adding new subsection (f) as follows: (f) Shall not count additional dwelling units towards the density calculations contained in Table 9. 3. Revising City Policy 6.3, Housing Mix and Supply, in Chapter 6 – Housing, by adding new subsection (e) as follows: (e) Permitting additional dwelling units on any property that contains a single detached, semi-detached or townhouse dwelling, in conformity with Provincial policy and any other applicable legislation. 4. Adding new City Policy 6.7 to Chapter 6 – Housing, as follows: 6.7 Additional Dwelling Units City Council shall: (a) permit one additional dwelling unit in a detached dwelling, semi-detached dwelling, block townhouse or street townhouse and one additional dwelling unit within a building accessory to a detached dwelling, semi-detached dwelling, block townhouse or street townhouse on the same lot. (b) permit two additional dwelling units in a detached dwelling, semi- detached dwelling, block townhouse or street townhouse provided that no additional dwelling unit exists within a building accessory to a detached dwelling, semi-detached dwelling, block townhouse or street townhouse on the same lot. (c) notwithstanding Sections 6.7 (a) and 6.7 (b), within the Oak Ridges Moraine, as shown on Map A of this Plan: (i) permit a maximum of one additional dwelling unit within the Prime Agricultural Area, Rural, and Hamlet designations on a lot within a single detached dwelling; and (ii) not permit additional dwelling units within the Natural Core Area and Natural Linkage Area designations. (d) notwithstanding 6.7 (b), within the Protected Countryside of the Greenbelt Plan, an additional dwelling unit is permitted within an existing accessory building that was constructed on or before (or where building permits were issued prior to) July 1, 2017, provided that this building is located outside of Key Natural Heritage Features and/or Key Hydrological Features. (e) require all additional dwelling units to be registered with the City. - 35 - Proposed Amendment 49 to the Pickering Official Plan Page 3 (f) not permit an accessory building containing an additional dwelling unit to be severed from the lot accommodating the principal dwelling. In no case shall an additional dwelling unit be considered a residence surplus to a farm operation. 5. Revising City Policy 6.4 (e), Affordable and Special Needs Housing, in Chapter 6 – Housing, as follows: (e) zone to permit accessory apartments, garden suites, additional dwelling units in all residential areas, and rooming homes where appropriate; and 6. Revising City Policy 8.2, Cultural Heritage Objectives, in Chapter 8 – Cultural Heritage, by adding new subsection (g) as follows: (e) where possible, ensure development, infrastructure, capital works and other private and public projects conserve, protect and enhance important cultural heritage resources; and (f) involve the public, business-people, landowners, local heritage experts, heritage committees, relevant public agencies, and other interested groups and individuals in cultural heritage decisions affecting the City.; and (g) not limit the creation of additional dwelling units, within a building and/or property containing or adjacent to cultural heritage resources. 7. Revising City Policy 11.48, Affordable Housing Strategy, in Chapter 11 – Seaton Urban Area, as follows: 11.48 City Council shall require the Seaton Urban Area be planned to achieve 25 percent of new residential units in housing forms considered affordable to low and moderate-income households based on the definition in the Provincial Policy Statement. This target shall be achieved primarily through home ownership in multiple unit, ground related housing and in small apartment units. Rental housing will be provided through the rental of condominium apartment units, secondary suites additional dwelling units and purpose-built rental housing. It is anticipated that the majority of this affordable housing will be developed in the Medium Density and Mixed Corridor designations. 8. Revising City Policy 11.49 (e), Affordable Strategies for Lower Income Tenants and Owners, in Chapter 11 – Seaton Urban Area, as follows: (e) encouraging builders to construct single detachedand, semi-detached and townhouse units that containing accessory additional dwelling units within the principal building and/or on the property; - 36 - Proposed Amendment 49 to the Pickering Official Plan Page 4 9. Revising City Policy 15.15, Glossary, in Chapter 15 – Implementation, by adding a new definition as follows: Additional Dwelling Unit means a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or within a building accessory to a detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. - 37 - Appendix II to Information Report 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 38 - The Corporation of the City of Pickering Draft By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act , R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 2511, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 2 Definitions a.2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. 2.Section 5 – General Provisions For All Zones a.5.19 (f) is hereby amended as follows. 5.19 ACCESSORY BUILDINGS AND USES (f)Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. - 39 - By-law No. XXXX/23 Page 2 Draft b.5.21.1 is hereby amended by adding: 5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1.Residential detached dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood 0 spaces additional dwelling on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c.5.33 is hereby deleted and replaced with: 5.33 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a)a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b)the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c)a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. 5.33 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.19, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a)A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse and a maximum of one additional unit is permitted within an accessory building on the same lot. - 40 - By-law No. XXXX/23 Page 3 Draft (b)A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse provided there are no additional dwelling units contained within an accessory building on the same lot. (c)Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within Key Natural Heritage Features and/or Key Hydrological Features nor within the minimum vegetated protection zone as described in the Pickering Official Plan. (d)Where an additional dwelling unit is located within an accessory building the net floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a.Maximum lot coverage of all buildings on the lot; b.No more than 50% of the net floor area of the detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot; and c.A maximum net floor area of 150 square metres. (e)An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. Table 1 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (f)Notwithstanding Section 5.8, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public street. No encroachment is permitted to obstruct this path of travel. - 41 - By-law No. XXXX/23 Page 4 Draft (g)A home-based business is permitted within an additional dwelling unit. (h)The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below 30%. 3.By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 4.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft - 42 - Appendix III to Information Report 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 43 - The Corporation of the City of Pickering Draft By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 2520, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 2 Definitions a. 2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT “Accessory Dwelling Unit” shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. 2. Section 5 – General Provisions For All Zones a. 5.19 (f) is hereby amended as follows. 5.19 ACCESSORY BUILDINGS AND USES (f) Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. - 44 - By-law No. XXXX/23 Page 2 Draft b.5.21.1 is hereby amended by adding: 5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1.Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood 0 spaces additional dwelling on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c.5.33 is hereby deleted and replaced with: 5.33 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a)a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b)the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c)a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. 5.33 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.19, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a)A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse and a maximum of one additional unit is permitted within an accessory building on the same lot. - 45 - By-law No. XXXX/23 Page 3 Draft (b)A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse provided there are no additional dwelling units contained within an accessory building on the same lot. (c)Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within Key Natural Heritage Features and/or Key Hydrological Features nor within the minimum vegetated protection zone as described in the Pickering Official Plan. (d)Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a.Maximum lot coverage of all buildings on the lot; b.No more than 50% of the net floor area of the detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot; and c.A maximum net floor area of 150 square metres. (e)An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. Table 1 – Height and Setback Requirements Lots with area of 2,000 sq. m. or less Lots with area greater than 2,000 sq. m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (f)Notwithstanding Section 5.8, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public street. No encroachment is permitted to obstruct this path of travel. - 46 - By-law No. XXXX/23 Page 4 Draft (g) A home-based business is permitted within an additional dwelling unit. (h) The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below 30%. 3. By-law 2520 By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft - 47 - Appendix IV to Information Report 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 48 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 3036, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 2 Definitions a.2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT “Accessory Dwelling Unit” shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. 2.Section 5 – General Provisions For All Zones a.5.18 (f) is hereby amended as follows: 5.18 ACCESSORY BUILDINGS AND USES (f)Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. Draft - 49 - By-law No. XXXX/23 Page 2 Draft b.5.21.1 is hereby amended: 5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1.Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood 0 spaces additional dwelling unit on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c.5.28 is hereby amended: 5.28 TRUCK, BUS AND COACH BODIES No truck, bus, coach or streetcar body, or structure of any kind, other than a dwelling unit or an accessory dwelling unit additional dwelling unit, erected and used in accordance with this and all other By-laws of the Town, shall be used as a dwelling unit within the area affected by this By-law, whether or not the same is mounted on wheels. d.5.32 is hereby deleted and replaced with: 5.32 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a)a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b)the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c)a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. (d)an accessory dwelling uni is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. - 50 - By-law No. XXXX/23 Page 3 Draft 5.32 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.18, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted single detached, semi-detached, block townhouse, or street townhouse and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within Key Natural Heritage Features and/or Key Hydrological Features nor within the minimum vegetated protection zone as described in the Pickering Official Plan. (d) Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot; b. No more than 50% of the net floor area of the detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot; and c. A maximum net floor area of 150 square metres. (e) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. Table 1 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation - 51 - By-law No. XXXX/23 Page 4 Draft Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (f) Notwithstanding Section 5.7, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public street. No encroachment is permitted to obstruct this path of travel. (g) A home-based business is permitted within an additional dwelling unit. (h) The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below 30%. 3. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft - 52 - Appendix V to Information Report 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 53 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 3037, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 2 Definitions a. 2.2 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.2 ACCESSORY DWELLING UNIT Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling. 2.2 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. 2. Section 5 – General Provisions For All Zones a. 5.18 (f) is hereby amended as follows. 5.18 ACCESSORY BUILDINGS AND USES (f) Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. Draft - 54 - By-law No. XXXX/23 Page 2 Draft b.5.19.1 is hereby amended by adding: 5.19.1 MINIMUM OFF STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1.Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood 0 spaces additional dwelling on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c.5.19.2 is hereby revised: 5.19.2 SUPPLEMENTARY PARKING REGULATION These principles apply to parking for all zones except in the case of detached, semi-detached, additional dwelling units, and accessory dwellings. d.5.31 is hereby deleted and replaced with: 5.31 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a)a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b)the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c)a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit; (d)an accessory dwelling unit is not permitted within an accessory dwelling unit that is permitted in Rural Agricultural Zone. - 55 - By-law No. XXXX/23 Page 3 Draft 5.31 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.18, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a)A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse and a maximum of one additional unit is permitted within an accessory building on the same lot. (b)A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse provided there are no additional dwelling units contained within an accessory building on the same lot. (c)Notwithstanding 5.31 (a) and (b), additional dwelling units are not permitted within Key Natural Heritage Features and/or Key Hydrological Features nor within the minimum vegetated protection zone as described in the Pickering Official Plan. (d)Notwithstanding 5.31 (a) and (b), additional dwelling units are only permitted in the following locations. a.For lands within the Protected Countryside of the Greenbelt Plan: i.Within a detached dwelling, semi-detached dwelling, block townhouse, street townhouse; and/or ii.Within an existing accessory building that was constructed on or before (or where building permits were issued prior to) July 1, 2017, provided that these buildings are located outside of Key Natural Heritage Features and/or Key Hydrological Features. b.For lands within the Oak Ridges Moraine: i.Only one additional dwelling unit is permitted within a detached dwelling. (e)Where an additional dwelling unit is located within an accessory building the net floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a.Maximum lot coverage of all buildings on the lot; b.No more than 50% of the net floor area of the detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot; and - 56 - By-law No. XXXX/23 Page 4 Draft c. A maximum net floor area of 150 square metres. (f) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 2. Table 2 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone regulation Zone regulation Zone regulation Exterior Side Yard Setback min. (metres) Zone regulation Zone regulation Zone regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (g) Notwithstanding Section 5.7, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public street. No encroachment is permitted to obstruct this path of travel. (h) A home-based business is permitted within an additional dwelling unit. (i) The provision of on-site parking for additional dwelling units shall not reduce the landscaped area in the corresponding yard below 30 percent. 3. Section 6 – Rural Agricultural Zone a. 6.1.2.1 is hereby deleted. 6.1.2.1 ACCESSORY AGRICULTURAL RESIDENTIAL Notwithstanding the provisions of Section 6.2.2 hereof, a bona-fide agricultural user may be permitted to establish an accessory dwelling for the uses permitted under Section 6.1.2, only in accordance with the provisions of section 6.2.3. - 57 - By-law No. XXXX/23 Page 5 Draft b.6.2.3 is hereby deleted. 6.2.3 ACCESSORY DWELLING AS PERMITTED UNDER SECTION 6.1.2.1: Front Yard Minimum 15 metres Rear Yard Minimum 15 metres Side Yard Minimum 6 metres Floor Area Minimum 110 square metres Accessory Dwellings Per Lot Maximum 1 only No accessory dwelling shall be located in the front yard of an existing dwelling, or closer than 15 metres from any building, other than a garage. 4.Section 8.6 – OAK RIDGES MORAINE - HAMLET RESIDENTIAL SIX (ORM-R6) ZONE a.8.6.3.6 is hereby amended as follows: 8.6.3.6 ORM-R6-6 (a)Despite Section 5.18 and Section 5.31 of By-law 3037, where a detached dwelling exists on a lot, a maximum of one accessory additional dwelling unit may be permitted on the second floor of a detached garage located in any side or rear yard of any lot on the lands zoned “ORM-R6-6” in accordance with the following: (i)a detached garage, and any associated uncovered steps and platforms, may be erected in any side or rear yard, a minimum of 5.0 metres from any lot line; (ii)the maximum residential floor area of the accessory additional dwelling unit shall be 90 square metres; (iii)the maximum height of the detached garage shall be 9.0 metres; (iv)a minimum of one parking space shall be provided and maintained on the lot to serve the accessory additional dwelling unit. 5.Section 9.3 – OAK RIDGES MORAINE - GENERAL COMMERCIAL (ORM-C2) ZONE a.9.3.1 is hereby amended as follows: 9.3.1 PERMITTED USES (i)accessory dwelling unit - 58 - By-law No. XXXX/23 Page 6 Draft b. 9.3.2 is hereby amended as follows: 9.3.2 REGULATIONS FOR PERMITTED USES (vii) Accessory Dwelling Unit Regulations (a) A maximum of one accessory dwelling unit shall be permitted within a building or structure containing the principle use; (b) An accessory dwelling unit shall not be permitted within a building or structure containing an automobile service station use; (c) The maximum floor area of an accessory dwelling unit shall be 100 square metres. c. 9.3.3.2 (c) is hereby amended as follows. 9.3.3.2 ORM-C2-2 (c) Despite Section 9.3.1 (i), an accessory dwelling unit shall not be permitted on lands zoned “ORM-C2-2”. 6. By-law 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft - 59 - Appendix VI to Information Report 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 60 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act , R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 7364, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Table of Contents a. 2.13 Accessory Dwelling Unit is hereby amended: 2.13 Accessory Dwelling UnitAdditional Dwelling Unit 2. Section 2 General Regulation a. 2.13 Accessory Dwelling Unit is hereby deleted and replaced with: 2.13 Accessory Dwelling Unit a) Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling, semi-detached dwelling or a townhouse dwelling, an accessory dwelling unit is permitted within the detached dwelling, semi-detached dwelling or townhouse dwelling provided: i) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; ii) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; and iii) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. b) An accessory dwelling unit may be permitted within a coach house on a lot containing a detached dwelling, semi-detached dwelling or a street townhouse dwelling provided there is only one accessory dwelling unit on the lot and the requirements of Section 2.13 a) are met. Draft - 61 - By-law No. XXXX/23 Page 2 Draft 2.13 Accessory Dwelling Unit Notwithstanding the provisions of 2.15, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not permitted within Key Natural Heritage Features and/or Key Hydrological Features nor within the minimum vegetated protection zone as described in the Pickering Official Plan. (d) Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot; b. No more than 50% of the net floor area of the detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot; and c. A maximum net floor area of 150 square metres. (e) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 32. Table 32 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 to up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation - 62 - By-law No. XXXX/23 Page 3 Draft Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (f) Notwithstanding Section 2.6 and 2.10, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public street. No encroachment is permitted to obstruct this path of travel. (g) A home-based business is permitted within an additional dwelling unit. (h) The provision of on-site parking shall not reduce the landscaped open space in the corresponding yard below 30%. b. 22.15 (g) is hereby amended as follows: 2.15 ACCESSORY BUILDINGS AND USES (g) Human habitation is not permitted in an accessory building or accessory structure except for a coach house and accessory structures that meet the definition of an additional dwelling unit. c. 2.20 is hereby deleted: 2.20 Coach Houses A coach house shall be permitted on a corner lot with a lot frontage of 10.0 metres or greater where the corner lot has access to a rear lane or on a through lot with a lot frontage of 10.0 metres or greater provided there is not an accessory dwelling unit in the detached, semi-detached or street townhouse dwelling and provided the coach house: a) is located a minimum distance of 0.6 metres from the rear lot line; b) is located a minimum of 1.2 metres from the interior side lot line; c) is setback a minimum of 5.0 metres from the main building on the lot. The parking of motor vehicles is not permitted in the setback area; and d) has a maximum height of 8.0 metres. - 63 - By-law No. XXXX/23 Page 4 Draft 3. Section 3 Parking Regulations a. Section 3.1 is hereby amended as follows: 3.1 Parking Space Requirements Table 1: Minimum Parking Requirements Accessory Additional Dwelling Unit 4. Section 4 Permitted Uses and Zone Regulations a. Section 4.1 is hereby amended as follows: 4.1 Uses Permitted Table 2: Permitted Uses in Residential Zones Accessory Additional Dwelling Unit 5. Section 5 Mixed Use Zone Regulation a. Section 5.1 is hereby deleted and replaced with: 5.1 Uses Permitted Accessory Dwelling Unit Additional Dwelling Unit 6. Section 10 Definitions a. Section 10 is hereby amended as follows: “Accessory Dwelling Unit” means one self contained dwelling unit contained within a permitted detached dwelling, semi-detached dwelling, townhouse dwelling or coach house. “Additional Dwelling Unit” means a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. “Coach House” means a detached building containing a private garage on the ground floor and an accessory dwelling unitadditional dwelling unit on the second floor. - 64 - By-law No. XXXX/23 Page 5 Draft “Dwelling, Detached or Detached Dwelling” means a building containing only one primary dwelling unit but may also include an accessory dwelling unit additional dwelling units. 6. By-law 7364/14 By-law 7364/14, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft - 65 - Appendix VII to Information Report 05-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/23 - 66 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 7553, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Table of Contents a. 2.7 Accessory Dwelling Unit is hereby amended as follows: 2.7 Accessory Dwelling Unit 2.7 Additional Dwelling Unit 2. How to Read and Use This By-law a. Introductory text to Zoning By-law 7553, “How to Read and Use this By-law”, is hereby amended as follows: Section 2 sets out a number of general regulations, which apply to development in all zones. These general provisions address such matters as public uses, permitted encroachments, legal non-conforming uses, accessory additional dwelling units, home-based business, accessory buildings and structures, live work dwellings, patios and temporary sales offices among others. 3. Section 2 – General Regulations a. 2.7 Accessory Dwelling Unit is hereby deleted and replaced with: 2.7 Accessory Dwelling Unit Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling, semi-detached dwelling or a street townhouse dwelling, an accessory dwelling unit is permitted within the detached dwelling, semi-detached dwelling or street townhouse dwelling provided: Draft - 67 - By-law No. XXXX/23 Page 2 Draft a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located b) the maximum floor area of an accessory dwelling unit shall be 100 square metres c) a home-based business is prohibited in either dwelling unit or a dwelling containing an accessory dwelling unit 2.7 Additional Dwelling Unit Notwithstanding the provisions of 2.9, the following provisions shall apply to any accessory building containing an additional dwelling unit. (a) A maximum of one additional dwelling unit is permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse and a maximum of one additional unit is permitted within an accessory building on the same lot. (b) A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse, or street townhouse provided there are no additional dwelling units contained within an accessory building on the same lot. (c) Notwithstanding (section number above), additional dwelling units are not permitted within Key Natural Heritage Features and/or Key Hydrological Features nor within the minimum vegetated protection zone as described in the Pickering Official Plan. (d) Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a. Maximum lot coverage of all buildings on the lot; b. No more than 50% of the net floor area of the detached dwelling, semi-detached dwelling, block townhouse, or street townhouse on the same lot; and c. A maximum net floor area of 150 square metres. (e) An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 5. - 68 - By-law No. XXXX/23 Page 3 Draft Table 5 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (f) Notwithstanding Section 2.4, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public street. No encroachment is permitted to obstruct this path of travel. (g) A home-based business is permitted within an additional dwelling unit. (h) The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below 30%. b. Section 2.9 (f) is hereby amended as follows: 2.9 Accessory Buildings and Structures f) Human habitation is not permitted in an accessory building or structure, except for accessory structures that meet the definition of an additional dwelling unit. 4. Section 3 – Parking Regulations a. Section 3.1, Table 1 – Minimum Parking Requirements, is hereby amended as follows: Table 1 – Minimum Parking Requirements Residential Uses Accessory Additional dwelling unit in the City Centre Neighbourhood 0 spaces - 69 - By-law No. XXXX/23 Page 4 Draft Residential Uses Additional dwelling unit on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit 5. Section 4 – Permitted Uses and Zone Regulations a. Section 4.1 is hereby amended as follows: 4.1 Permitted Uses Accessory Additional Dwelling Unit 6. Section 5 – Definitions a. Section 5 is hereby amended as follows: “Dwelling” includes: a) “Accessory Dwelling Unit” means a separate dwelling unit subsidiary to and located in the same building as an associated principal dwelling unit; and its creation does not result in the creation of a semi-detached dwelling, duplex dwelling, three-unit dwelling or converted dwelling. Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. 7. Section 6 Exceptions a. Section 6.5.1 is hereby amended as follows: 6.5.1 Additional Permitted Uses b) Accessory Additional Dwelling Unit is permitted within an existing detached dwelling in accordance with Section 2.7 of this By-law 6. By-law 7553/17 By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. - 70 - By-law No. XXXX/23 Page 5 Draft 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. _______________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft - 71 - Appendix VIII to Information Report 05-23 Draft Additional Dwelling Unit By-law - 72 - The Corporation of the City of Pickering Draft By-law No. XXXX/23 Being a by-law to provide for the registration of additional dwelling units in the City of Pickering. Whereas Section 16(3) of the Planning Act, S.O., 1990, c. P.13, as amended, requires municipal official plans to not prohibit the use of up to two additional dwelling units on a lot; And whereas Section 35.1(1) of the Planning Act, S.O., 1990, c. P.13, as amended, requires that no by-laws passed under section 34 may prohibit the erection or location of up to two additional dwelling units on a lot; And whereas Section 8(1) of the Municipal Act, S.O. 2001, c. 25, as amended, (Municipal Act, 2001) provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; And whereas Section 11(2) (6) and (8) of the Municipal Act, 2001, authorizes municipalities to pass by-laws respecting the health, safety and well-being of persons and the protection of persons and property; And whereas the Council of the Corporation of the City of Pickering considers it important to enact a by-law to require the registration of additional dwelling units in the City of Pickering in order to protect persons, property and the health, safety and well-being of Pickering residents; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Definitions In this By-law, (1) “Accessory” means a use or building naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot as the principal use or building; (2) “Additional Dwelling Unit” means a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse, street townhouse, or in a building accessory to a detached dwelling, semi-detached dwelling, and block townhouse, street townhouse on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential use, including occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities and sanitary facilities are provided for the exclusive use of such person or persons. (3) “Applicant” means a person who applies for registration of an additional dwelling unit and includes any person authorized in writing by an owner to apply for a two-dwelling unit property registration certificate on the owner’s behalf; - 73 - By-law No. XXXX/23 Page 2 Draft (4) “Building” means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home; (5) “City” means The Corporation of the City of Pickering or the geographical area, whatever the context requires; (6) “Inspector” means a Building Inspector, Municipal Law Enforcement Officer or Fire Inspector employed by the City of Pickering; (7) “Owner” means the registered owner of the land on which the additional dwelling unit(s) is (are) situated; (8) “Registrar” means the Chief Building Official of the City of Pickering or their designate; 2. Prohibition No person shall occupy or permit the occupancy of an additional dwelling unit unless the owner registers the property as required by this By-law. 3. Registration Applications (1) To obtain registration, the owner or their applicant shall: (a) submit a completed application on a form provided by the City; (b) pay the prescribed fee in the amount as set out in Schedule “A” to this By-law, or as amended by the approved Summary of Fees and Charges By-law; (c) arrange for an inspection of the additional dwelling unit by an Inspector, and demonstrate compliance with all relevant standards set out in the Building Code Act, Ontario Building Code, Fire Protection and Prevention Act, Ontario Fire Code, as amended from time to time; and (d) provide bona-fide evidence that the use of the property for the purposes of more than one dwelling unit meets the applicable zoning provisions, or are exempt from such provisions under the terms of the Planning Act, 1990; (e) mount the address of the additional dwelling unit on the wall of the building that faces a public street. The address numbers should measure no less than 150mm in height. The mounted address should also identify the location of the door to the additional dwelling unit. (2) A property which has received approval for an additional dwelling unit through the issuance of a building permit or change of use permit under the Building Code Act and Ontario Building Code, is exempt from the requirements of (1)(c) and (d) of this section where such permit explicitly authorized such use and satisfactory final inspections have been completed. - 74 - By-law No. XXXX/23 Page 3 (3) The issuance of a building permit for structural or material alterations in accordance with the Fire Protection and Prevention Act and Ontario Fire Code, is applicable to the requirements of (1)(c) and (d) of this section. (4) The Registrar shall issue a registration certificate for an additional dwelling unit except where the additional dwelling unit proposed for registration does not comply with the requirements of 5(1) of this by-law or any other applicable law, as determined by the Registrar. 4. Register (1) The Registrar shall maintain a written or electronic record respecting each additional dwelling unit for which a registration certificate has been issued. Each record shall include, at a minimum, the following particulars: (a) the municipal address of the additional dwelling unit; (b) the location of the additional dwelling unit on the lot (i.e. in the principal dwelling or within an accessory building); and (c) the registration date of the additional dwelling unit. 5. Refusal and Revocation of Registration (1) The Registrar may refuse to register an additional dwelling unit unless the Registrar is satisfied that the following conditions have been met: (a) the application for registration has been prepared and submitted, including payment of registration fees; (b) the additional dwelling unit complies with all standards applicable at the time of registration, and which may be prescribed by any of the following: • the City’s Zoning By-law; • the City’s Property Standards By-law; • the Building Code Act, 1992, SO 1992, c 23; • the Ontario Building Code, O Reg. 332/12; • the Fire Protection and Prevention Act, 1997, SO 1997, c 4; and • the Ontario Fire Code, O Reg. 213/07: (2) The Registrar may revoke the registration of an additional dwelling unit which, at any time after registration, ceases to meet the requirements set out in this By-law or other applicable law, or where the Registrar determines that the registration certificate was issued based on false or misleading information. (3) Where the Registrar refuses or revokes the registration of an additional dwelling unit, notice stating the reason for the refusal or revocation shall be given to the owner of the property by regular mail. 6. Administration of this By-law The Registrar may designate such persons as are necessary to administer this By-law. - 75 - By-law No. XXXX/23 Page 4 Draft 7. Offences and Penalties (1) Any person, other than a corporation, who contravenes the provisions of this By- law is guilty of an offence, and upon conviction, is liable: ________________________________ ________________________________ (a) on a first conviction, to a fine of not more than $10,000.00; and (b) on any subsequent conviction, to a fine of not more than $25,000.00. (2) A corporation that contravenes any provision of this By-law, is guilty of an offence, and upon conviction, is liable: (a) on a first conviction, to a fine of not more than $25,000.00; and (b) on any subsequent conviction, to a fine of not more than $50,000.00. 8. Repeal (1) By-law 7579/17, as amended, is repealed. By-law passed this XXth day of XXXX, 2023. Draft Kevin Ashe, Mayor Draft Susan Cassel, City Clerk - 76 - Schedule “A” to By-law XXXX/23 Registration Fee of a Two-Dwelling Unit Property: $500.00 - 77 - Attachment #1 to Information Report 05-23 Additional Dwelling Units Open House April 4, 2023, 6-8 p.m. - 78 - Provincial Legislation The Planning Act was amended to increase the supply of housing options (Bill 108 and Bill 23). All municipalities must permit a maximum of two ADUs on a property. This means that each property can have up to three dwelling units: In addition to the main dwelling, homeowners can also have: 1. One ADU within the house; OR 2. Two ADUs within the house; OR 3. One detached ADU in the yard; OR 4. One ADU within the house and one detached ADU in the yard. - 79 - Provincial Legislation The following properties are permitted to have up to two ADUs: • Properties containing  A detached house,  A semi-detached house, or  A townhouse. AND • Properties that are serviced with  municipal water, and  municipal sewers. - 80 - ADUs in Rural Areas Rural Area Subject to Minister’s Zoning Orders Permits up to two ADUs ADUs permitted within the house and within an accessory building Within the Greenbelt Subject to Minister’s Zoning Orders Permits up to two ADUs ADUs permitted within the house and within an EXISTING accessory building Within the Oak Ridges Moraine Subject to Minister’s Zoning Orders ONE ADU permitted within the house - 81 - What are Additional Dwelling Units? • Small residences that are constructed inside a house, in the yard or over a garage. • An independent living space with its own kitchen, bathroom and sleeping area. • Cannot be severed off to be sold separately. - 82 - In-house Apartment Accessory Building - 83 - New Regulations for ADUs Already decided PROVINCIAL REGULATIONS • Where ADUs can locate • No minimum size • Maximum number of parking spaces (no more than one parking space per ADU) Yet to be decided MUNICIPAL REGULATIONS • Maximum size • Maximum height • Minimum distance to property line • Minimum number of parking spaces - 84 - Regulations for all ADUs Parking Spaces Existing house = Current zoning requirement ADU = Maximum 1 space per ADU - 85 - Regulations for all ADUs Driveway Area Driveway area = Max. 70% of front yard Landscaped area = Min. 30% of front yard Property Line Property Line Ma x i m u m 70 % - 86 - Regulations for detached ADUs Maximum Size The lesser of… Max. Lot Coverage 50% of Principal Building Max. Floor Area - 87 - Regulations for detached ADUs Maximum Size Lot = 5,000 sq.ft. House footprint = 1,000 sq.ft. ADU = 650 sq.ft. Max. Lot Coverage Percentage of buildings covering the lot Example • Lot = 5,000 sq.ft. • Lot coverage = 33%* (1,650 sq.ft.) • House footprint = 1,000 sq.ft. • Max. detached ADU = 650 sq.ft. * Lot coverage will differ by neighbourhood - 88 - Regulations for detached ADUs Maximum Size Living area = 2,000 sq.ft. ADU = 1,000 sq.ft. Size of Principal Building • No more than 50% of the living area of the house Example • House living area = 2,000 sq.ft. • Max. detached ADU = 1,000 sq.ft. - 89 - Regulations for detached ADUs Maximum Size ADU = 1,614 sq.ft. Max Floor Area • Not to exceed 150 sq.m. (1,614 sq.ft.) - 90 - Permitted within: •rear yard •interior side yard Ext. Int. 4’ 4’ 4’ (1.2m) 14’9” (4.5 m) Regulations for One-storey ADUs Location and Height on the property - 91 - Ext. 7’10” 7’10” (2.4m) 21’4” (6.5 m) Int. 7’10” Regulations for Two-storey ADUs Location and Height on the property Permitted within: • rear yard • interior side yard - 92 - Process to construct an ADU Building Permit  COST = Varies Construction  COST = Varies ($50-$300 sq.ft.) Registration  COST = $500 - 93 - Report to Planning & Development Committee Report Number: PLN 12-23 Date: May 1, 2023 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment 46 Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022 File: OPA 22-003/P Recommendation: 1. That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to the review of Planning Act applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 12-23 be approved; 2. That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to the review of Planning Act applications under Bill 109, the More Homes For Everyone Act, 2022, as set out in Appendix I to Report PLN 12-23, be enacted; 3. That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report PLN 12-23, be enacted; 4. That, in response to legislated changes arising from the enactment of Bill 109, the More Homes For Everyone Act, 2022, the City Development Department – Planning Fees be approved, effective July 1, 2023; 5. That an amendment 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 III to Report PLN 12-23, be approved; and 6. 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 III to Report PLN 12-23, be enacted. Executive Summary: This Report to Planning & Development Committee is a follow up to Report PLN 09-23 (see Attachment #1). Report PLN 09-23 addressed changes to the development application review process and changes to the application fees to address Bill 109, the More Homes For Everyone Act, 2022. Additional comments received from the Planning & Development Committee on April 3, 2023, are addressed in this report. - 94 - PLN 12-23 May 1, 2023 Subject: City Initiated Official Plan Amendment 46 Page 2 Based on discussions with the development community, a revised Official Plan Amendment has been is included in Appendix I to this report. Financial Implications: If no changes are made to the City’s development review process, the City is at risk of forfeiting most, or all, of the application fees collected for Zoning By-law Amendment and Site Plan Approval applications as per Bill 109. The precise amount associated with these applications will vary each year, based on the number of applications received. Using the last three years, the average amount of fees that could be at risk is approximately $1,000,000 per year. The proposed changes to the Schedule of Fees will be revenue neutral and have no impact on the draft City budget. 1. Background At the Planning & Development Committee on April 3, 2023, Report PLN 09-23 provided a summary of further research and engagement that took place on proposed changes to the City’s development review process, based on previous Council direction. In light of changes to the Planning Act made by Bill 109, the More Homes for Everyone Act, 2022, staff recommended a number of procedural changes that would continue to deliver efficient review of development proposals, while also avoiding the refund of application fees. Prior to the Planning & Development Committee on April 3, 2023, the City received correspondence on behalf of three different land owners, and one letter from the Building Industry and Land Development Association (BILD). Staff met with representatives of the three land owners on April 3, prior to the Planning & Development Committee meeting. A summary of these discussions is contained in Section 3 of Report PLN 12-23. During the Planning & Development Committee, members of the Committee raised two items that were not addressed within Report PLN 09-23. The items raised included: criteria for voluntary open houses and circulation range for public notice. A summary of these items is contained in Sections 2.1 and 2.2 of Report PLN 12-23. On April 6, 2023, the Province of Ontario tabled Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023, which includes provisions to postpone municipal application fee refund requirements to July 1, 2023. This extension does not alter the financial risk the City will face if changes are not made to the City’s development review procedures prior to July 1, 2023. 2. Response to Council Comments 2.1 Voluntary Open House Criteria As part of the proposed changes to the development review process, it is staff’s intent to preserve, and where possible enhance, the public engagement process. For all applications that require a statutory public meeting, a mandatory open house will first - 95 - PLN 12-23 May 1, 2023 Subject: City Initiated Official Plan Amendment 46 Page 3 be required as part of the Pre-Submission Stage. The circulation area for the notice of the mandatory open house will be determined in consultation with the area Ward Councillors. Following the mandatory open house, the proponent may make further revisions to their proposal before submitting a complete application. Once received, staff will review the application with the area Ward Councillors to determine if a subsequent, voluntary, open house would be of benefit to the public. The need for a voluntary open house will be determined by the scale of the proposal, the number and nature of revisions that have been made, and the amount of public interest that was generated by the earlier mandatory open house. Figure 1: Proposed Public Engagement and Reporting 2.2 Circulation range for public notice of a complete application The Planning Act directs that public notice for certain types of development applications require a mailed notice to all land owners within 120 metres. The City has previously chosen to extend that circulation radius to 150 metres in urban and hamlet areas and to 500 metres in the rural area (in accordance with Council Resolution 106/02). Currently, when new, major development applications are received, City Development staff will meet with the area Ward Councillors to review the proposal and the City’s standard circulation area. As part of that review, Ward Councillors have the prerogative of extending the circulation area if they believe that circumstances warrant an extension on a case-by-case basis. The additional cost of circulating public notice to any land owners beyond the 150 metres radius is expensed through the respective Ward Councillor’s budget. 3. Consultation with development community After the release of Report PLN 09-23, just prior to the Planning & Development Committee on April 3, 2023, staff met with the representatives of three different land owners to discuss their concerns with the proposed changes to the development review process. Some of their questions were matters of clarification about how the new development review process would work, and confirmation that agency partners (Region of Durham, Toronto Region Conservation Authority, etc.) have agreed to adapt to the proposed process. The land owner representatives understood that changes were needed to respond to the changes to the Planning Act, as it relates to application - 96 - PLN 12-23 May 1, 2023 Subject: City Initiated Official Plan Amendment 46 Page 4 fee refunds. Staff explained that the proposed changes reflect a “first attempt” to address the new requirements of the Planning Act. Over the course of the year, there will be lessons learned that may prompt the City to make further changes to build on the changes currently being proposed. Minor modifications to the proposed Official Plan Amendment were recommended by one of the land owner representatives to clarify and add a greater degree of flexibility to the interpretation of the proposed policy changes. Staff have reviewed the proposed changes and found them to be minor in nature, not detracting from the original intent of the proposed Official Plan Amendment, and in keeping with the City’s objectives of avoiding the refund of application fees. A copy of the revised Official Plan Amendment is included as Appendix I to Report PLN 12-23. 4. Conclusion The Province of Ontario has proposed changes to the Planning Act that will postpone implementation of application refunds for Zoning By-law Amendments and Site Plans, where a decision has not been made or an approval granted within the prescribed timeframe, until July 1, 2023. Unless the City makes changes to its development review process it will be at risk of refunding application fees received after this date. Staff recommends: a) That Council approve Recommended Amendment 46 to the Pickering Official Plan by passing the by-law to adopt Amendment 46, as set out in Appendix I to Report PLN 12-23; b) That Council approve an amendment to By-law 6942/09, Pre-consultation By-law, as set out in Appendix II to Report PLN 12-23; and c) That Council approve an amendment to By-law 6191/03, General Municipal Fee and Charges By-law, as set out in Appendix III to Report PLN 12-23. Appendices: Appendix I Draft By-law to adopt Amendment 46 to the Pickering Official Plan Appendix II Draft By-law to Amend By-law 6942/09 Pre-consultation By-law Appendix III Draft By-law to Amend By-law 6191/03 General Municipal Fees Attachment: 1. Report PLN 09-23, Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022 - 97 - PLN 12-23 May 1, 2023 Subject: City Initiated Official Plan Amendment 46 Page 5 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics 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 - 98 - Appendix I to Report PLN 12-23 Draft By-law to Adopt Amendment 46 to the City of Pickering Official Plan - 99 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to adopt Amendment 46 to the Official Plan for the City of Pickering (OPA 22-003/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; Whereas on February 23, 2000, Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; Whereas the Region has advised that Amendment 46 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Amendment 46 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this XXXX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 100 - Exhibit “A” to By-law XXXX/23 Amendment 46 to the City of Pickering Official Plan - 101 - Amendment 46 to the Pickering Official Plan Purpose: The purpose of this Amendment is to change existing policies for complete application requirements, pre-consultation, and peer review. The Amendment will also add new policies for pre-submission review. These new and revised policies will align the Pickering Official Plan with recent changes to the Planning Act (Bill 109) for the development review process. Location: This amendment applies to all lands within the City of Pickering. Basis: Through Bill 109, the Planning Act was amended to create graduated refunds for Zoning By-law Amendments decisions and Site Plan approvals that are not completed within the timelines prescribed by the Planning Act. In order to avoid paying refunds, revisions are needed to the manner in which the City of Pickering reviews and processes development applications. The proposed changes necessitate amendments to the Pickering Official Plan to create new review procedures and update the requirements of a complete application. Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising and renumbering, and updating all cross-references to City Policy 16.2, Pre-submission Consultation, in Chapter 16 – Development Review, so that it reads as follows: City Policy Pre-submission consultation 16.2A City Council shall require applicants to consult with the Mmunicipality 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 A 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:… 2. Adding a new City Policy 16.2B, Pre-submission Review, in Chapter 16 – Development Review, as follows: “City Policy Pre-submission Review 16.2B City Council shall require that all materials and fees listed at the pre-consultation meeting be submitted to the City for review by City staff. Except for matters that are the subject of an amendment application, submission materials must conform with all policies, guidelines, and regulations stipulated by the City of Pickering, the Region of Durham, the - 102 - Amendment 46 to the Pickering Official Plan Page 2 Province of Ontario, and all relevant commenting agencies to the satisfaction of the Director of City Development. The submission materials must also provide the rationale for all matters for which an amendment is being sought. This includes the completion and submission of any peer review of any materials that may be required. Once the City, and all commenting agencies, are satisfied that the submitted materials generally conform with the requirements listed at the pre-consultation meeting, the Proponent may submit the application.” 3. Revising City Policy 16.3, Complete Application, in Chapter 16 – Development Review, so that it reads as follows: 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, 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; (b) any information or materials prescribed by statute and regulation; (c) a record of pre-submission consultation; (d) the prescribed application fee(s); (e) payment, or proof of payment of all application review fees and any other fees charged by commenting agencies; (f) confirmation from internal departments and external agencies that the submitted studies and reports meet approved terms of reference and have addressed all technical comments to the satisfaction of the Director of City Development; (f) (g) all required studies set out in Section 16.5A for an official plan amendment, zoning by‑law amendment, draft plan of subdivision and draft plan of condominium application; and (h) all required studies set out in Section 16.5B for a site plan application. 4. Revising City Policy 16.4, Peer Review at Applicant’s Expense, in Chapter 16 – Development Review, so that it reads as follows: 16.4 City Council shall require all of the matters set out in Sections 16.3, 16.5A, and/or 16.5B to be completed to the satisfaction of the City respecting the scope and complexity appropriate to the application prior to the City deeming the application complete. Once an application is deemed complete, tThe City may retain a qualified consultant to conduct a peer review of any of the studies required in Sections 16.5A and/or 16.5B at the applicant’s expense as acknowledged on the application form and as provided for in Section 16.3 (a). All required peer reviews must be completed before the study can be deemed to be in conformity with the requirements listed at the pre- consultation meeting. - 103 - Amendment 46 to the Pickering Official Plan Page 3 5. Revising City Policy 16.5A, Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required Studies Requirements for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval 16.5A City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation required by Section 16.2A, to be submitted for review to ensure conformity with the requirements listed at the pre-consultation meeting 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 and Provincial policy, where applicable; (ii) a transportation study; … (xxxvii) an Information and Communication Technologies Implementation Plan, as referred to in Section 7.12 (b); and (xxxviii) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).; (xxxix) a public engagement report from a public engagement event that has been held within six months prior to the submission of the application. The public engagement report must demonstrate that the event followed the City’s notification and meeting format requirements; (xl) confirmation that Indigenous consultation has been held in accordance with the City’s requirements; (xli) confirmation of parkland requirements; and (xlii) an affordable housing brief. 6. Revising City Policy 16.5B, Required Studies for Site Plan Approval, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required Studies Requirements for Site Plan Approval 16.5B City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation provided for by Section 16.2A, to be submitted at the time of application for site plan approval: - 104 - Amendment 46 to the Pickering Official Plan Page 4 (i) a transportation study; … (xxviii) a water balance study, as referred to in Section 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and (xxix) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).; (xxx) confirmation of parkland requirements; (xxxi) a zoning certificate; (xxxii) approved cost estimates for all off-site and landscaping works; and (xxxiii) an affordable housing brief. 7. Revising City Policy 16.8, Environmental Reports Required, in Chapter 16 – Development Review, so that it reads as follows: 16.8 City Council: (a) as determined through a pre-submission consultation in Section 16.2A, require the submission and approval of an Environmental Report as part of the consideration of a development application or a public infrastructure 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 pre-submission consultation in Section 16.2A, require the submission and approval of an Environmental Report as part of its consideration of any other development application or public infrastructure project. - 105 - Appendix II to Report PLN 12-23 Draft By-law to Amend By-law 6942/09 Pre-consultation By-law - 106 - The Corporation of the City of Pickering By-law No. XXXX/23 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, plans of subdivision and plans of condominium Whereas the Planning Act, R.S.O. 1990 c. P13 authorizes 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, plans of subdivision and plans of condominium; Whereas Council wishes to have applicants discuss planning proposals 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 the submission of a complete application; And whereas Council wishes to have City staff complete a preliminary review of all proposals, at the pre-submission stage, to ensure that all materials conform with the requirements of the pre-consultation, have been revised in accordance with City and agency comments, and all major issues have been resolved to the City’s satisfaction, before the application is submitted; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Proponents shall attend a pre-consultation meeting with relevant City staff prior to submitting requests to amend the City's Official Plan or zoning by-laws, and prior to submitting applications for site plan, plan of subdivision or plan of condominium approval. 2. After the pre-consultation meeting, Proponents shall submit their development proposals to the City for review at the pre-submission stage. The pre-submission stage will be an integrative process allowing City departments and external agencies the appropriate time to review studies and drawings, and allow the Proponent to address key technical issues prior to the submission of an application. 3. At the conclusion of the pre-submission stage, all planning applications submitted to the City must conform with the requirements of the pre-consultation meeting to be considered a complete application under the Planning Act. 4. Planning applications submitted to the City prior to a pre-consultation meeting or prior to the pre-submission stage will not be accepted as complete applications under the Planning Act. 5. If more than one application is required for planning approval in support of a single development proposal, a single pre-consultation meeting with City staff can satisfy the requirement to consult. Despite the joint pre-consultation meeting, and following the conclusion of the pre-submission stage, development applications must be submitted consecutively and not concurrently unless otherwise determined by the Director of City Development. - 107 - By-law No. XXXX/23 Page 2 6. Following the required pre-consultation meeting, if the proposal which was the subject of the pre-consultation meeting has not been submitted for a pre-submission review within the time-frame determined by the Director of City Development, the Proponent may be required to attend a new pre-consultation meeting. 7. Transition By-law 6942/09 shall be repealed upon this By-law coming into effect. 8. Effective date This By-law shall come into full force and effect on the day of its passing. By-law passed this XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 108 - Appendix III to Report PLN 12-23 Draft By-law to Amend By-law 6191/03 General Municipal Fees - 109 - The Corporation of the City of Pickering By-law No. XXXX/23 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, 7918/22 and 7983/23; 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 XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 110 - Schedule “I” to By-law XXXX/23 Updated Application Fees for City Development – Planning - 111 - City Development Department - 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 Documents Pickering Official Plan $225.00 $225.00 Y No change Official Plan Compendium $50.00 $50.00 Y No change Seaton Sustainable Placemaking Guidelines 1 $50.00 $50.00 Y No change City Centre Urban Design Guidelines $50.00 $50.00 Y No change Kingston Mixed Corridor & Brock Mixed Node Design Guidelines $50.00 $50.00 Y No change Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No change Special Studies $10.00-$20.00 $10.00-$20.00 Y No change No change Zoning By-laws 3036 - Set 13 Volume $100.00 $100.00 Y No change 3036 - By Volume $10.00 $10.00 Y No change 2511, 2520, 3037, 7364/14 (Seaton), 7553/17 (City Centre) $40.00 $40.00 Y No change 20 Year Household & Population $30.00 $30.00 Y No change Mapping $5.00-$25.00 $5.00-$25.00 Y No change Address Booklet $25.00-$50.00 $25.00-$50.00 Y No change Fiche Prints Price Varies Price Varies Y No change Special Mapping Requests $54.15/hr $54.15/hr Y No change Photocopies - 6 or more pages $0.50/ea $0.50/ea Y No change CD Copies of Documents $10.00/document $10.00/document Y No change Telecommunications Tower Approval $9,355.00 $9,355.00 N No change Minor Variance Applications to recognize an "as built condition" Double the regular fee Double the regular fee N No change Accessory buildings, structures, decks, platforms & driveway widening $820.00 $820.00 N No change Residential Minor (a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit) Single Variance $1,100.00 $1,100.00 N No change Multiple Variances $1,390.00 $1,390.00 N No change Residential Major (all other residential and mixed use buildings) Single Variance $2,400.00 $2,400.00 N No change Multiple Variances $2,710.00 $2,710.00 N No change Institutional, Commercial & Industrial Single Variance $3,040.00 $3,040.00 N No change Multiple Variances $3,550.00 $3,550.00 N No change Tabling Fee & Recirculation (applicant initiated) $760.00 $760.00 N No change Special Meeting $4,830.00 $4,830.00 N No change Authorization to Apply for Variance Under Section 45 (1.4) of the Planning Act $6,906.00 $6,906.00 N No change Application for Pre-Consultation Simple2 $350.00 $350.00 N No change Complex $1,200.00 $1,200.00 N No change Zoning By-law Amendment - Pre-submission Review - 112 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Zoning By-law Amendment - Major 3 - Base Fee New $9,590.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)New $260.00 N June 1, 2023 Next 75 units (26-100)New $190.00 N June 1, 2023 Next 100 Units (101-200)New $160.00 N June 1, 2023 Next 800 Units (201-1,000)New $65.00 N June 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 New $910.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 New $330.00 N June 1, 2023 Zoning By-law Amendment - Minor 6 New $6,690.00 N June 1, 2023 Zoning By-law - Recirculation 7 $2,000.00 $2,000.00 N No change Additional fee if within Oak Ridges Moraine or Greenbelt New $1,320.00 N June 1, 2023 Zoning By-law - Removal of Holding New $1,980.00 N June 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) New $9,590.00 N June 1, 2023 Zoning By-law - Extension of Temporary Use By-law New $9,590.00 N June 1, 2023 Authorization to Apply for Variance Under Section 34 (10.0.0.2) of the Planning Act New $6,906.00 N June 1, 2023 Zoning By-law Amendment - Application Zoning By-law Amendment - Major 3 - Base Fee $19,690.00 $10,100.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$500.00 $240.00 N June 1, 2023 Next 75 units (26-100)$370.00 $180.00 N June 1, 2023 Next 100 Units (101-200)$305.00 $145.00 N June 1, 2023 Next 800 Units (201-1,000)$125.00 $60.00 N June 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 $1,395.00 $485.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area) 24 $635.00 $305.00 N June 1, 2023 Zoning By-law Amendment - Minor 6 $13,190.00 $6,500.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $2,570.00 $1,250.00 N June 1, 2023 Zoning By-law - Removal of Holding $3,810.00 $1,830.00 N June 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) $19,690.00 $10,100.00 N June 1, 2023 Zoning By-law - Extension of Temporary Use By-law $19,690.00 $10,100.00 N June 1, 2023 Zoning By-law - Reconsideration 8 $5,230.00 $5,230.00 N No change Minister Zoning Order Minister Zoning Order Amendment - Major 9 $3,000.00 $3,000.00 N No change Minister Zoning Order Amendment - Minor 10 $2,500.00 $2,500.00 N No change Official Plan Amendment - Pre-submission Review Pickering Official Plan Amendment - Major 11 New $45,500.00 N June 1, 2023 Pickering Official Plan Amendment - Minor 12 New $21,650.00 N June 1, 2023 - 113 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Pickering Official Plan Amendment - Recirculation 7 New $2,000.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt New $3,300.00 N June 1, 2023 Official Plan Amendment - Application Pickering Official Plan Amendment - Major 11 $89,000.00 $43,500.00 N June 1, 2023 Pickering Official Plan Amendment - Minor 12 $42,400.00 $20,750.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $6,300.00 $3,000.00 N June 1, 2023 Regional Official Plan - Amendment (not part of a Pickering OPA) $37,100.00 $37,100.00 N No change Neighbourhood Development Guideline Amendment 13 $4,300.00 $4,300.00 N No change Land Division Comments $2,600.00 $2,600.00 N No change Clearance of Conditions $1,300.00 $1,300.00 N No change Council authorization to proceed by land division instead of draft plan of subdivision 14 $8,670.00 $8,670.00 N No change Cash-in-Lieu of Parkland Conveyance For the creation of up to 3 additional lots (price per lot created) $6,940.00 $6,940.00 N No change For the creation of more than 3 additional lots See Parkland By-law See Parkland By-law N No change Draft Plan of Subdivision - Pre-submission Review Base Fee New $32,800.00 N June 1, 2023 Plus Fee per Residential Unit New First 25 units (1-25)New $470.00 N June 1, 2023 Next 75 units (26-100)New $380.00 N June 1, 2023 Next 100 Units (101-200)New $300.00 N June 1, 2023 Next 800 Units (201-1,000)New $190.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 New $150.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 New $95.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Additional fee if within Oak Ridges Moraine or Greenbelt New $1,000.00 N June 1, 2023 Applicant-Initiated Major Revisions (prior to Draft Plan Approval) New $22,200.00 N June 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Pre-submission Review Base Fee New $13,000.00 N June 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25)New $470.00 N June 1, 2023 Next 75 units (26-100)New $380.00 N June 1, 2023 Next 100 Units (101-200)New $300.00 N June 1, 2023 - 114 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Next 800 Units (201-1,000)New $190.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area New $150.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area New $95.00 N June 1, 2023 Draft Plan of Subdivision - Application Base Fee $67,400.00 $34,600.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023 Next 75 units (26-100)$845.00 $465.00 N June 1, 2023 Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023 Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $335.00 $185.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $210.00 $115.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $3,500.00 $2,500.00 N June 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Application Base Fee $26,600.00 $13,600.00 N June 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023 Next 75 units (26-100)$845.00 $465.00 N June 1, 2023 Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023 Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area $335.00 $185.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area $210.00 $115.00 N June 1, 2023 Release of Draft Plan of Subdivision/Clearance Fee $2,000.00 $2,000.00 N No change Plan of Condominium - Pre-submission Review Draft Plan of Condominium New $5,400.00 N June 1, 2023 Common Element Condominium New $7,900.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Condominium Conversion New $7,900.00 N June 1, 2023 Revisions to a Draft Approved Plan - (redline revisions) $3,100.00 $3,100.00 N No change Plan of Condominium - Application Draft Plan of Condominium $19,000.00 $13,600.00 N June 1, 2023 Common Element Condominium $27,200.00 $19,300.00 N June 1, 2023 Condominium Conversion $27,200.00 $19,300.00 N June 1, 2023 Release of Draft Plan of Condominium/Clearance Fee $2,000.00 $2,000.00 N No change Site Plan - Pre-submission Review Residential See "All Uses Residential, Non-Residential, Mixed- Use) N No change - 115 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Commercial See "All Uses Residential, Non-Residential, Mixed- Use) N No change Industrial See "All Uses Residential, Non-Residential, Mixed- Use) N No change All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee New $5,300.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)New $370.00 N June 1, 2023 Next 75 units (26-100)New $300.00 N June 1, 2023 Next 100 Units (101-200)New $225.00 N June 1, 2023 Next 800 Units (201-1,000)New $55.00 N June 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA New $4,405.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Applicant Initiated Revision Base Fee Base Fee N No change Site Plan - Application Review Residential See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change Commercial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change Industrial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $8,200.00 $2,900.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$515.00 $145.00 N June 1, 2023 Next 75 units (26-100)$415.00 $115.00 N June 1, 2023 Next 100 Units (101-200)$310.00 $85.00 N June 1, 2023 Next 800 Units (201-1,000)$75.00 $20.00 N June 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA $6,100.00 $1,695.00 N June 1, 2023 Site Plan Agreement and Clearance of Conditions $7,300.00 $7,300.00 N No change Compliance Inspections/LC Release Report (includes 2 inspections) $960.00 $960.00 N No change Additional Compliance Inspections $410.00 $410.00 N No change Other Fees Request for Zoning Information $55.00 $55.00 N No change Zoning Certificate - Residential (single, semi, townhouse, accessory structure) initial review + 1 revision $150.00 $150.00 N No change Zoning Certificate - Development (within infill precincts, ORM, or requiring MDS calculation) initial review + 1 revision $580.00 $580.00 N No change Zoning Certificate - Mixed-use/Multi Residential/Non-Residential (industrial, commercial, institutional) initial review + 1 revision $695.00 $695.00 N No change Peer Reviews 15 Full recovery of City costs + 10% admin. fee Full recovery of City costs + 10% admin. fee Y No change - 116 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Minor Revision to Approved Condo Site Plan (by unit owner) i.e., decks, sheds, fences $115.00 $115.00 N No change File Reactivation 16 $5,230.00 $5,230.00 N No change Opinion Letter for Complex Inquiries $1,200.00 $1,200.00 N No change Add Street Name to Approved List $1,070 $1,070 Y No change Request to Change Municipal Address $1,070 $1,070 Y No change Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $6,040.00 $6,040.00 N No change Refund of Application Fees 17 $0 $0 Y No change Film Location Permit $350.00 $350.00 Y No change Film Location Permit and Road Closure $500.00 $500.00 Y No change Any other matter requiring a Report to Committee or Council $6,040.00 $6,040.00 N No change 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 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. - an application involving significant changes to the policies of the Official Plan 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. 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 - 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 -does not change the nature of the proposal; -is minor and technical in nature and I 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. 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: 8. An Application may apply for reconsideration provided that the resolution of the issue of concern: 7. Application fees include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission and every submission thereafter. 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: 2. Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area) and inclusion of related - 117 - Attachment #1 to Report PLN 12-23 Report to Planning & Development Committee Report Number: PLN 09-23 Date: April 3, 2023 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment 46 Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022 File: OPA 22-003/P Recommendation: 1.That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to the review of Planning Act applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 09-23 be approved; 2.That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to the review of Planning Act applications under Bill 109, the More Homes For Everyone Act, 2022, as set out in Appendix I to Report PLN 09-23, be enacted; 3.That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report PLN 09-23, be enacted; 4.That, in response to legislated changes arising from the enactment of Bill 109, the More Homes For Everyone Act, 2022, the City Development Department – Planning Fees be approved, effective June 1, 2023; 5.That an amendment 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 III to Report PLN 09-23, be approved; and 6.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 III to Report PLN 09-23, be enacted. Executive Summary: This Report to Planning & Development Committee replaces Report to Council PLN 47-22 (see Text of Report PLN 47-22, Attachment #1) in its entirety. Report PLN 47-22 addressed changes to the development application review process and changes to the application fees to address Bill 109, the More Homes For Everyone Act, 2022. - 118 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 2 Bill 109 received Royal Assent on April 14, 2022. Among other matters, the Act amended the Planning Act to require 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. Zoning By-law Amendment Applications are required to have a decision made within 90 days (or 120 days if submitted together with an Official Plan Amendment), and site plan approval is required within 60 days, or else refunds of application fees are mandated. These changes came into effect on January 1, 2023, for new applications submitted after that date. To meet the legislated review timelines, and avoid having to pay refunds (that may put the corporation at financial risk), staff are proposing several changes to the development review process: • no longer permit development applications to be submitted concurrently; • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make hosting an open house a mandatory requirement for submitting a complete application; • hold voluntary open houses when deemed appropriate; • prepare a recommendation report for consideration by the Planning & Development Committee on the same day as the statutory public meeting; • to address minor issues that may arise during the formal Zoning By-law Amendment application stage, which cannot be resolved within the legislated timeframes, staff will recommend Council “refuse the application without prejudice”; and • permit reconsideration of Zoning By-law Amendment applications that are refused without prejudice in select circumstances. An amendment to the policies in the Pickering Official Plan is proposed to revise the City’s current pre-consultation requirements and introduce the new “pre-submission” review stage (see Appendices I and II to Report PLN 09-23). The proposed changes will require early collaboration between applicants, staff and other stakeholders (including the public) to review key concerns and issues of the proposal, before the submission of a formal application. The proposed amendment to the General Municipal Fees and Charges By-law reflects changes resulting from Bill 109. The amount of money collected for each application will remain the same. The proposed amendment shifts when fees are paid to more accurately reflect where in the process the corresponding amount of work is completed (see Appendix III to Report PLN 09-23). Financial Implications: If no changes are made to the City’s development review process, the City is at risk of forfeiting most, or all, of the application fees collected for Zoning By-law Amendment and Site Plan Approval applications as per Bill 109. The precise amount associated with these applications will vary each year, based on the number of applications received. Using the last three years, the average amount of fees that could be at risk is approximately $1,000,000 per year. As of March 1, 2023, $351,375 in application funds are currently at risk for refund. The proposed changes to the Schedule of Fees will be revenue neutral and have no impact on the draft City budget. - 119 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 3 1. Background On March 30, 2022, the Province introduced Bill 109, the More Homes for Everyone Act, 2022. Bill 109 amends various statutes, including the Planning Act, for items related to housing and development. City staff brought forward Report PLN 22-22 to the April 25, 2022, Council meeting, summarizing Bill 109 and its potential implications for the City. One of the changes made by Bill 109 was requiring municipalities to refund site plan control application fees and zoning by-law amendment application fees, on a graduated scale, if a decision on an application has not been made within the required timeframes. In response to the changes made by Bill 109, City staff presented Report PLN 47-22 on December 5, 2022 (see Text of Report PLN 47-22, Attachment #1). That report outlined proposed changes to development review procedures to avoid refunding application fees. On November 30, 2022, the Minister of Municipal Affairs and Housing, Steve Clark, sent a letter to the Association of Ontario Municipalities (AMO) stating an intent to defer the start of application refunds until July 1, 2023. Staff did not become aware of Minister Clark’s letter until after Report PLN 47-22 was completed, and were therefore unable to comment on it. In light of the commitment from Minister Clark to defer the start of application refunds, Council passed Resolution #07/22, which referred Report PLN 47-22 back to staff to: a. Review the best practices of other municipalities and ensure adequate public participation and engagement in the planning process; b. Review and clarify any potential financial risks to the Corporation as a result of Bill 109; c. Ensure that the Report back includes plain language to ensure that the public can understand the information being presented in the Report; and, d. Report back no later than the June 26, 2023 Council Meeting. 2. Response to Council concerns 2.1 Clarify any potential financial risks On December 22, 2022, Minster Clark wrote a letter to the Heads of Council, similar to the one sent to AMO, committing to introduce legislation to delay the effective date of refund provisions to July 1, 2023 (see Letter from Minister Clark, dated December 22, 2022, Attachment #4). At the time of writing this Report, no change had yet been made to Provincial legislation to extend application refund deadlines. As a result, the City is currently at risk for refunding fees for rezoning and site plan applications, received after January 1, 2023, that exceed the decision and approval timelines in the Planning Act. As of March 1, 2023, $351,375 in application funds are currently at risk for refund. Using a three-year range, the average amount of fees that could be at risk is approximately $1,000,000 per year. - 120 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 4 2.2 Research from other municipalities Staff reviewed the responses to Bill 109 being made by Markham and other Durham area municipalities to identify other potential options that could be considered. All municipalities surveyed recognized the challenge of fitting their current review practices into the new timeframes, and as a result, are revising their procedures to “front-end” their review of development proposals. This involves undertaking technical review of the proposals, circulating proposals to commenting agencies, and identifying changes required to Proponents before the formal application is received. Figure 1: Proposed Development Review Process After the complete applications are received (Stage 2), the “application decision clock” starts. A few of the revisions that other municipalities are making to their processes within the application decision timeline include: • Reducing the content of information reports at Statutory Public Meetings; • Reducing the content of staff presentations at Statutory Public Meetings; • Approving minor applications on the same night as the Statutory Public Meeting. Even municipalities that already have a more frequent Committee and Council schedule than Pickering are exploring ways to modify their current review procedures. The Public Notice requirements within the Planning Act, and the amount of time needed to prepare staff reports and public meeting presentations, continue to constrain municipalities from making or requiring major changes within the application decision timeframe. A number of municipalities are still undertaking studies to evaluate further changes needed to successfully shift their processes to align with recent revisions to the Planning Act. Since all municipalities are implementing new review procedures in 2023, there is no opportunity yet to compare different practices and approaches. It should be noted that Building Industry and Land Development Association (BILD) has appealed Official Plan Amendments for the municipalities of Ajax, Brampton, Burlington, and Oakville. - 121 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 5 2.3 Ensure adequate public participation The proposed changes to the application decision process include replacing the information report at the statutory public meeting with a recommendation report. This means that public comments received at the statutory public meeting will not be incorporated into the recommendation report. Members of Council have expressed their concern that this reduces the amount of public engagement. Figure 2: Current Public Engagement and Reporting To address this concern, a mandatory open house will be required for applications as part of the Pre-Submission Stage. Circulation of notice for the Open House will be provided in consultation with the area Ward Councillors. Staff will provide Proponents with a set of requirements for hosting and reporting on the Open House to ensure consistency. The public feedback gathered at that meeting will be summarized in a Public Engagement Report, which will be one of the requirements of a complete application. This Report will list the feedback that was received, and describe how it was addressed in the proposal. Figure 3: Proposed Public Engagement and Reporting In addition to the mandatory open house attended by the Proponent, a second open house may also be considered after the formal application has been received. City staff and Ward Councillors will evaluate each application received and determine which ones warrant a second open house. The second open house would provide the public an opportunity to review the formal application to learn about revisions and changes that were made during the technical review. The second open house would occur after the technical review has been completed and prior to the statutory public meeting. For further details, see Attachments #2 and #3. - 122 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 6 3. Public and development community comments The City received written comments from BILD and three developers. There was also one public delegation at the Statutory Public Meeting. The main comments received included: • Concern that there are no defined timelines within the pre-submission stage; • Recommend that the City not start the new procedures until the Provincial refund requirements take effect; • Delay making a decision on the proposed changes to allow for greater engagement with industry partners; and • Do not make public consultation mandatory at the pre-submission stage. 3.1 Online forum with development community On January 11, 2023, staff hosted an online forum for BILD and members of the development community. The purpose of this forum was to review the proposed changes to the development review process and address concerns. Questions raised at this forum included: • How will the proposed process save time in development review? • When will these changes be implemented? • Is it reasonable to make a Record of Site Condition a requirement for a complete application? • How will the City transition from its current process to the proposed process? 3.2 Response to development community The legislative changes from Bill 109 do not account for all factors that contribute to the length of development review (i.e., agency response time, Proponent response time, quality of Proponent submission). The City’s proposed changes to the development review process are intended to preserve the integrity of the City’s current review process while also protecting the City from financial risks from application fee refunds. It is expected that the proposed changes will maintain the City’s development review timeframes. Staff recommend that the proposed changes take effect on June 1, 2023. A Record of Site Condition is already required prior to application approval. 3.2.1 Proposed Transitional Provisions To assist Proponents with implementing the revised development review process, the following transitional provisions are being proposed: - 123 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 7 3.2.1.1 New Proposals As landowners contact the City Development Department to discuss a development proposal, staff will explain the new development review process, and provide directions on how to proceed to a complete application. 3.2.1.2 Pre-consultation Completed, but no Application Submitted Where complete application requirements have already been determined through a formal pre-consultation meeting prior to June 1, 2023, City staff will either: a. amend the formal pre-consultation requirements; or b. require a new pre-consultation meeting. 3.2.1.3 Existing Application, but no Statutory Public Meeting held yet These applications (submitted and deemed complete prior to June 1st, 2023) will follow the new development review process. An Open House will be held to provide information and gather public input. A subsequent Statutory Public Meeting will be held at the same time that a recommendation report is presented to Committee. 3.2.1.4 Existing Application and Statutory Public Meeting already held Since the statutory requirements of the Planning Act have already been met, a recommendation report will be presented to the Committee at the first opportunity. 4. Revise Fee Schedule The proposed amendment to the General Municipal Fees and Charges By-law reflects process changes resulting from Bill 109. The amount of money collected for each application will remain the same. The proposed amendment shifts the timing for when fees are paid to more accurately reflect where in the process the corresponding amount of work is completed (see Appendix III to Report PLN 09-23). 5. Notice of Proposed Official Plan Amendment 46 In accordance with the requirements of the Planning Act, a notice of this Report was provided to all individuals and organizations that had registered as an Interested Party with the City Development Department. This list includes BILD and members of the local development industry. 6. Conclusion Staff will continue to focus resources on effectively reviewing development proposals, while also meeting application decision timelines. A number of policy, procedure, and fee changes are needed in order for the City to avoid the refund requirements created by Bill 109: • no longer permit development applications (such as a rezoning application and a site plan application) to be submitted concurrently; - 124 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 8 • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make hosting an open house a mandatory requirement for submitting a complete application; • hold voluntary open houses when deemed appropriate; • provide recommendation reports for consideration by the Planning & Development Committee on the same day as the statutory public meeting; • recommend Council “refuse an application without prejudice”; to address minor issues that may arise during the formal Zoning By-law Amendment application stage, which cannot be resolved within the legislated timeframes; and • permit reconsideration of Zoning By-law Amendments in select circumstances. In addition to the procedural changes that will be instituted by staff, it is recommended that Council approve the corresponding changes. Staff recommends: a) That Council approve Recommended Amendment 46 to the Pickering Official Plan by passing the by-law to adopt Amendment 46, as set out in Appendix I to Report PLN 09-23 b) That Council approve an amendment to By-law 6942/09, Pre-consultation By-law; and c) That Council approve an amendment to By-law 6191/03, General Municipal Fee and Charges By-law. Appendices Appendix I Draft By-law to adopt Amendment 46 to the Pickering Official Plan Appendix II Draft By-law to Amend By-law 6942/09, Pre-consultation By-law Appendix III Draft By-law to Amend By-law 6191/03, General Municipal Fees Attachments 1. Text of Report PLN 47-22, Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022, and review of the City’s Planning Application Fees 2. Current Zoning By-law Amendment Process 3. Proposed Zoning By-law Amendment Process 4. Letter from Minister Clark, dated December 22, 2022 - 125 - PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 9 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy 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 - 126 - Appendix I to Report PLN 09-23 Draft By-law to Adopt Amendment 46 to the City of Pickering Official Plan - 127 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to adopt Amendment 46 to the Official Plan for the City of Pickering (OPA 22-003/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; Whereas on February 23, 2000, Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; Whereas the Region has advised that Amendment 46 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Amendment 46 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this XXXX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 128 - Exhibit “A” to By-law XXXX/23 Amendment 46 to the City of Pickering Official Plan - 129 - Amendment 46 to the Pickering Official Plan Purpose: The purpose of this Amendment is to change existing policies for complete application requirements, pre-consultation, and peer review. The Amendment will also add new policies for pre-submission review. These new and revised policies will align the Pickering Official Plan with recent changes to the Planning Act (Bill 109) for the development review process. Location: This amendment applies to all lands within the City of Pickering. Basis: Through Bill 109, the Planning Act was amended to create graduated refunds for Zoning By-law Amendments decisions and Site Plan approvals that are not completed within the timelines prescribed by the Planning Act. In order to avoid paying refunds, revisions are needed to the manner in which the City of Pickering reviews and processes development applications. The proposed changes necessitate amendments to the Pickering Official Plan to create new review procedures and update the requirements of a complete application. Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising and renumbering, and updating all cross-references to City Policy 16.2, Pre-submission Consultation, in Chapter 16 – Development Review, so that it reads as follows: City Policy Pre-submission consultation 16.2A City Council shall require applicants to consult with the Mmunicipality 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 A 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:… 2. Adding a new City Policy 16.2B, Pre-submission Review, in Chapter 16 – Development Review, as follows: “City Policy Pre-submission Review 16.2B City Council shall require that all materials and fees listed at the pre-consultation meeting be submitted to the City for review by City staff. Except for matters that are the subject of an amendment application, submission materials must conform with all policies, guidelines, and regulations stipulated by the City of Pickering, the Region of Durham, the Province of Ontario, and all relevant commenting agencies. The submission - 130 - Amendment 46 to the Pickering Official Plan Page 2 materials must also provide the rationale for all matters for which an amendment is being sought. This includes the completion and submission of any peer review of any materials that may be required. Once the City, and all commenting agencies, are satisfied that the submitted materials conform with the requirements listed at the pre-consultation meeting, the Proponent may submit the application.” 3. Revising City Policy 16.3, Complete Application, in Chapter 16 – Development Review, so that it reads as follows: 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, 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; (b) any information or materials prescribed by statute and regulation; (c) a record of pre-submission consultation; (d) the prescribed application fee(s); (e) payment, or proof of payment of all application review fees and any other fees charged by commenting agencies; (f) confirmation from internal departments and external agencies that the submitted studies and reports meet approved terms of reference and have addressed all technical comments; (f) (g) all required studies set out in Section 16.5A for an official plan amendment, zoning by‑law amendment, draft plan of subdivision and draft plan of condominium application; and (h) all required studies set out in Section 16.5B for a site plan application. 4. Revising City Policy 16.4, Peer Review at Applicant’s Expense, in Chapter 16 – Development Review, so that it reads as follows: 16.4 City Council shall require all of the matters set out in Sections 16.3, 16.5A, and/or 16.5B to be completed to the satisfaction of the City respecting the scope and complexity appropriate to the application prior to the City deeming the application complete. Once an application is deemed complete, tThe City may retain a qualified consultant to conduct a peer review of any of the studies required in Sections 16.5A and/or 16.5B at the applicant’s expense as acknowledged on the application form and as provided for in Section 16.3 (a). All peer reviews must be completed before the study can be deemed to be in conformity with the requirements listed at the pre-consultation meeting. - 131 - Amendment 46 to the Pickering Official Plan Page 3 5. Revising City Policy 16.5A, Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required Studies Requirements for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval 16.5A City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation required by Section 16.2A, to be submitted for review to ensure conformity with the requirements listed at the pre-consultation meeting 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 and Provincial policy, where applicable; (ii) a transportation study; … (xxxvii) an Information and Communication Technologies Implementation Plan, as referred to in Section 7.12 (b); and (xxxviii) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).; (xxxix) a public engagement report from a public engagement event that has been held within six months prior to the submission of the application. The public engagement report must demonstrate that the event followed the City’s notification and meeting format requirements; (xl) confirmation that Indigenous consultation has been held in accordance with the City’s requirements; (xli) confirmation of parkland requirements; (xlii) a record of site condition; and (xliii) an affordable housing brief. - 132 - Amendment 46 to the Pickering Official Plan Page 4 6. Revising City Policy 16.5B, Required Studies for Site Plan Approval, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required Studies Requirements for Site Plan Approval 16.5B City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation provided for by Section 16.2A, to be submitted at the time of application for site plan approval: (i) a transportation study; … (xxviii) a water balance study, as referred to in Section 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and (xxix) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).; (xxx) confirmation of parkland requirements; (xxxi) a record of site condition; (xxxii) a zoning certificate; (xxxiii) approved cost estimates for all off-site and landscaping works; and (xxxiv) an affordable housing brief. 7. Revising City Policy 16.8, Environmental Reports Required, in Chapter 16 – Development Review, so that it reads as follows: 16.8 City Council: (a) as determined through a pre-submission consultation in Section 16.2A, require the submission and approval of an Environmental Report as part of the consideration of a development application or a public infrastructure 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 pre-submission consultation in Section 16.2A, require the submission and approval of an Environmental Report as part of its consideration of any other development application or public infrastructure project. - 133 - Appendix II to Report PLN 09-23 Draft By-law to Amend By-law 6942/09 Pre-consultation By-law - 134 - The Corporation of the City of Pickering By-law No. XXXX/23 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, plans of subdivision and plans of condominium Whereas the Planning Act, R.S.O. 1990 c. P13 authorizes 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, plans of subdivision and plans of condominium; Whereas Council wishes to have applicants discuss planning proposals 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 the submission of a complete application; And whereas Council wishes to have City staff complete a preliminary review of all proposals, at the pre-submission stage, to ensure that all materials conform with the requirements of the pre-consultation, have been revised in accordance with City and agency comments, and all major issues have been resolved to the City’s satisfaction, before the application is submitted; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Proponents shall attend a pre-consultation meeting with relevant City staff prior to submitting requests to amend the City's Official Plan or zoning by-laws, and prior to submitting applications for site plan, plan of subdivision or plan of condominium approval. 2. After the pre-consultation meeting, Proponents shall submit their development proposals to the City for review at the pre-submission stage. The pre-submission stage will be an integrative process allowing City departments and external agencies the appropriate time to review studies and drawings, and allow the Proponent to address key technical issues prior to the submission of an application. 3. At the conclusion of the pre-submission stage, all planning applications submitted to the City must conform with the requirements of the pre-consultation meeting to be considered a complete application under the Planning Act. 4. Planning applications submitted to the City prior to a pre-consultation meeting or prior to the pre-submission stage will not be accepted as complete applications under the Planning Act. 5. If more than one application is required for planning approval in support of a single development proposal, a single pre-consultation meeting with City staff can satisfy the requirement to consult. Despite the joint pre-consultation meeting, and following the conclusion of the pre-submission stage, development applications must be submitted consecutively and not concurrently unless otherwise determined by the Director of City Development. - 135 - By-law No. XXXX/23 Page 2 6. Following the required pre-consultation meeting, if the proposal which was the subject of the pre-consultation meeting has not been submitted for a pre-submission review within the time-frame determined by the Director of City Development, the Proponent may be required to attend a new pre-consultation meeting. 7. Transition By-law 6942/09 shall be repealed upon this By-law coming into effect. 8. Effective date This By-law shall come into full force and effect on the day of its passing. By-law passed this XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 136 - Appendix III to Report PLN 09-23 Draft By-law to Amend By-law 6191/03 General Municipal Fees - 137 - The Corporation of the City of Pickering By-law No. XXXX/23 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, 7918/22 and 7983/23; 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 XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 138 - Schedule “I” to By-law XXXX/23 Updated Application Fees for City Development – Planning - 139 - City Development Department - 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 Documents Pickering Official Plan $225.00 $225.00 Y No change Official Plan Compendium $50.00 $50.00 Y No change Seaton Sustainable Placemaking Guidelines 1 $50.00 $50.00 Y No change City Centre Urban Design Guidelines $50.00 $50.00 Y No change Kingston Mixed Corridor & Brock Mixed Node Design Guidelines $50.00 $50.00 Y No change Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No change Special Studies $10.00-$20.00 $10.00-$20.00 Y No change No change Zoning By-laws 3036 - Set 13 Volume $100.00 $100.00 Y No change 3036 - By Volume $10.00 $10.00 Y No change 2511, 2520, 3037, 7364/14 (Seaton), 7553/17 (City Centre) $40.00 $40.00 Y No change 20 Year Household & Population $30.00 $30.00 Y No change Mapping $5.00-$25.00 $5.00-$25.00 Y No change Address Booklet $25.00-$50.00 $25.00-$50.00 Y No change Fiche Prints Price Varies Price Varies Y No change Special Mapping Requests $54.15/hr $54.15/hr Y No change Photocopies - 6 or more pages $0.50/ea $0.50/ea Y No change CD Copies of Documents $10.00/document $10.00/document Y No change Telecommunications Tower Approval $9,355.00 $9,355.00 N No change Minor Variance Applications to recognize an "as built condition" Double the regular fee Double the regular fee N No change Accessory buildings, structures, decks, platforms & driveway widening $820.00 $820.00 N No change Residential Minor (a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit) Single Variance $1,100.00 $1,100.00 N No change Multiple Variances $1,390.00 $1,390.00 N No change Residential Major (all other residential and mixed use buildings) Single Variance $2,400.00 $2,400.00 N No change Multiple Variances $2,710.00 $2,710.00 N No change Institutional, Commercial & Industrial Single Variance $3,040.00 $3,040.00 N No change Multiple Variances $3,550.00 $3,550.00 N No change Tabling Fee & Recirculation (applicant initiated) $760.00 $760.00 N No change Special Meeting $4,830.00 $4,830.00 N No change Authorization to Apply for Variance Under Section 45 (1.4) of the Planning Act $6,906.00 $6,906.00 N No change Application for Pre-Consultation Simple2 $350.00 $350.00 N No change Complex $1,200.00 $1,200.00 N No change Zoning By-law Amendment - Pre-submission Review - 140 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Zoning By-law Amendment - Major 3 - Base Fee New $9,590.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)New $260.00 N June 1, 2023 Next 75 units (26-100)New $190.00 N June 1, 2023 Next 100 Units (101-200)New $160.00 N June 1, 2023 Next 800 Units (201-1,000)New $65.00 N June 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 New $910.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 New $330.00 N June 1, 2023 Zoning By-law Amendment - Minor 6 New $6,690.00 N June 1, 2023 Zoning By-law - Recirculation 7 $2,000.00 $2,000.00 N No change Additional fee if within Oak Ridges Moraine or Greenbelt New $1,320.00 N June 1, 2023 Zoning By-law - Removal of Holding New $1,980.00 N June 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) New $9,590.00 N June 1, 2023 Zoning By-law - Extension of Temporary Use By-law New $9,590.00 N June 1, 2023 Authorization to Apply for Variance Under Section 34 (10.0.0.2) of the Planning Act New $6,906.00 N June 1, 2023 Zoning By-law Amendment - Application Zoning By-law Amendment - Major 3 - Base Fee $19,690.00 $10,100.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$500.00 $240.00 N June 1, 2023 Next 75 units (26-100)$370.00 $180.00 N June 1, 2023 Next 100 Units (101-200)$305.00 $145.00 N June 1, 2023 Next 800 Units (201-1,000)$125.00 $60.00 N June 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 $1,395.00 $485.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area) 24 $635.00 $305.00 N June 1, 2023 Zoning By-law Amendment - Minor 6 $13,190.00 $6,500.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $2,570.00 $1,250.00 N June 1, 2023 Zoning By-law - Removal of Holding $3,810.00 $1,830.00 N June 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) $19,690.00 $10,100.00 N June 1, 2023 Zoning By-law - Extension of Temporary Use By-law $19,690.00 $10,100.00 N June 1, 2023 Zoning By-law - Reconsideration 8 $5,230.00 $5,230.00 N No change Minister Zoning Order Minister Zoning Order Amendment - Major 9 $3,000.00 $3,000.00 N No change Minister Zoning Order Amendment - Minor 10 $2,500.00 $2,500.00 N No change Official Plan Amendment - Pre-submission Review Pickering Official Plan Amendment - Major 11 New $45,500.00 N June 1, 2023 Pickering Official Plan Amendment - Minor 12 New $21,650.00 N June 1, 2023 - 141 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Pickering Official Plan Amendment - Recirculation 7 New $2,000.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt New $3,300.00 N June 1, 2023 Official Plan Amendment - Application Pickering Official Plan Amendment - Major 11 $89,000.00 $43,500.00 N June 1, 2023 Pickering Official Plan Amendment - Minor 12 $42,400.00 $20,750.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $6,300.00 $3,000.00 N June 1, 2023 Regional Official Plan - Amendment (not part of a Pickering OPA) $37,100.00 $37,100.00 N No change Neighbourhood Development Guideline Amendment 13 $4,300.00 $4,300.00 N No change Land Division Comments $2,600.00 $2,600.00 N No change Clearance of Conditions $1,300.00 $1,300.00 N No change Council authorization to proceed by land division instead of draft plan of subdivision 14 $8,670.00 $8,670.00 N No change Cash-in-Lieu of Parkland Conveyance For the creation of up to 3 additional lots (price per lot created) $6,940.00 $6,940.00 N No change For the creation of more than 3 additional lots See Parkland By-law See Parkland By-law N No change Draft Plan of Subdivision - Pre-submission Review Base Fee New $32,800.00 N June 1, 2023 Plus Fee per Residential Unit New First 25 units (1-25)New $470.00 N June 1, 2023 Next 75 units (26-100)New $380.00 N June 1, 2023 Next 100 Units (101-200)New $300.00 N June 1, 2023 Next 800 Units (201-1,000)New $190.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 New $150.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 New $95.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Additional fee if within Oak Ridges Moraine or Greenbelt New $1,000.00 N June 1, 2023 Applicant-Initiated Major Revisions (prior to Draft Plan Approval) New $22,200.00 N June 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Pre-submission Review Base Fee New $13,000.00 N June 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25)New $470.00 N June 1, 2023 Next 75 units (26-100)New $380.00 N June 1, 2023 Next 100 Units (101-200)New $300.00 N June 1, 2023 - 142 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Next 800 Units (201-1,000)New $190.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area New $150.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area New $95.00 N June 1, 2023 Draft Plan of Subdivision - Application Base Fee $67,400.00 $34,600.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023 Next 75 units (26-100)$845.00 $465.00 N June 1, 2023 Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023 Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $335.00 $185.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $210.00 $115.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $3,500.00 $2,500.00 N June 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Application Base Fee $26,600.00 $13,600.00 N June 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023 Next 75 units (26-100)$845.00 $465.00 N June 1, 2023 Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023 Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area $335.00 $185.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area $210.00 $115.00 N June 1, 2023 Release of Draft Plan of Subdivision/Clearance Fee $2,000.00 $2,000.00 N No change Plan of Condominium - Pre-submission Review Draft Plan of Condominium New $5,400.00 N June 1, 2023 Common Element Condominium New $7,900.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Condominium Conversion New $7,900.00 N June 1, 2023 Revisions to a Draft Approved Plan - (redline revisions) $3,100.00 $3,100.00 N No change Plan of Condominium - Application Draft Plan of Condominium $19,000.00 $13,600.00 N June 1, 2023 Common Element Condominium $27,200.00 $19,300.00 N June 1, 2023 Condominium Conversion $27,200.00 $19,300.00 N June 1, 2023 Release of Draft Plan of Condominium/Clearance Fee $2,000.00 $2,000.00 N No change Site Plan - Pre-submission Review Residential See "All Uses Residential, Non-Residential, Mixed- Use) N No change - 143 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Commercial See "All Uses Residential, Non-Residential, Mixed- Use) N No change Industrial See "All Uses Residential, Non-Residential, Mixed- Use) N No change All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee New $5,300.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)New $370.00 N June 1, 2023 Next 75 units (26-100)New $300.00 N June 1, 2023 Next 100 Units (101-200)New $225.00 N June 1, 2023 Next 800 Units (201-1,000)New $55.00 N June 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA New $4,405.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Applicant Initiated Revision Base Fee Base Fee N No change Site Plan - Application Review Residential See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change Commercial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change Industrial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $8,200.00 $2,900.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$515.00 $145.00 N June 1, 2023 Next 75 units (26-100)$415.00 $115.00 N June 1, 2023 Next 100 Units (101-200)$310.00 $85.00 N June 1, 2023 Next 800 Units (201-1,000)$75.00 $20.00 N June 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA $6,100.00 $1,695.00 N June 1, 2023 Site Plan Agreement and Clearance of Conditions $7,300.00 $7,300.00 N No change Compliance Inspections/LC Release Report (includes 2 inspections) $960.00 $960.00 N No change Additional Compliance Inspections $410.00 $410.00 N No change Other Fees Request for Zoning Information $55.00 $55.00 N No change Zoning Certificate - Residential (single, semi, townhouse, accessory structure) initial review + 1 revision $150.00 $150.00 N No change Zoning Certificate - Development (within infill precincts, ORM, or requiring MDS calculation) initial review + 1 revision $580.00 $580.00 N No change Zoning Certificate - Mixed-use/Multi Residential/Non-Residential (industrial, commercial, institutional) initial review + 1 revision $695.00 $695.00 N No change Peer Reviews 15 Full recovery of City costs + 10% admin. fee Full recovery of City costs + 10% admin. fee Y No change - 144 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Minor Revision to Approved Condo Site Plan (by unit owner) i.e., decks, sheds, fences $115.00 $115.00 N No change File Reactivation 16 $5,230.00 $5,230.00 N No change Opinion Letter for Complex Inquiries $1,200.00 $1,200.00 N No change Add Street Name to Approved List $1,070 $1,070 Y No change Request to Change Municipal Address $1,070 $1,070 Y No change Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $6,040.00 $6,040.00 N No change Refund of Application Fees 17 $0 $0 Y No change Film Location Permit $350.00 $350.00 Y No change Film Location Permit and Road Closure $500.00 $500.00 Y No change Any other matter requiring a Report to Committee or Council $6,040.00 $6,040.00 N No change 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 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. - an application involving significant changes to the policies of the Official Plan 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. 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 - 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 -does not change the nature of the proposal; -is minor and technical in nature and I 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. 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: 8. An Application may apply for reconsideration provided that the resolution of the issue of concern: 7. Application fees include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission and every submission thereafter. 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: 2. Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area) and inclusion of related - 145 - Attachment #1 to Report PLN 09-23 Report to Council Report Number: PLN 47-22 Date: December 5, 2022 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment: Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022, and review of the City’s Planning Application Fees File: OPA 22-003/P Recommendations: 1. That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to the review of Planning Act applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 47-22 be approved; 2.That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to the review of Planning Act applications under Bill 109, the More Homes For Everyone Act, 2022, as set out in Appendix I to Report PLN 47-22, be enacted; 3.That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report PLN 47-22, be enacted; 4.That, in response to legislated changes arising from the enactment of Bill 109, the More Homes For Everyone Act, 2022, and to improve cost recovery of the processing of development applications, an increase to the City Development Department – Planning Fees be approved, effective January 1, 2023; 5.That an amendment 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 III to Report PLN 47-22, be approved; and 6.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 III to Report PLN 47-22, be enacted. Executive Summary: On April 14, 2022, Bill 109, the More Homes For Everyone Act, 2022, received Royal Assent. Among other matters, Bill 109 amended the Planning Act to require 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. Zoning By-law Amendment Applications are required to have a decision made within 90 days (or 120 days if concurrent with an official plan amendment) and site plan approval is required within 60 days or refunds of application fees are mandated. These changes will come into effect on January 1, 2023 for new applications submitted after that date. - 146 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 2 To meet the legislated review timelines and avoid having to pay refunds (that may put the corporation at financial risk), staff are proposing several changes to the development review process: • no longer permit development applications to be submitted concurrently; • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make public engagement, during the “pre-submission” review stage, a requirement for submitting a complete application; • prepare a recommendation report for consideration by the Planning & Development Committee on the same day as the statutory public meeting; • to address minor issues that may arise during the formal Zoning By-law Amendment application stage, which cannot be resolved within the legislated timeframes, staff will recommend Council “refuse the application without prejudice”; and • permit reconsideration of Zoning By-law Amendment applications that are refused without prejudice in select circumstances. An amendment to the policies in the Pickering Official Plan is proposed to revise the City’s current pre-consultation requirements and introduce the new “pre-submission” review stage (see Appendices I and II to Report PLN 47-22). The proposed changes will require early collaboration between applicants, staff and other stakeholders (including the public) to review key concerns and issues of the proposal, before the submission of a formal application. The proposed amendment to the General Municipal Fees and Charges By-law reflects two different reviews of the fees. The first is a result of Bill 109. It will identify new charges for the “pre-submission” stage and shift when fees are paid to more accurately reflect where in the process the corresponding amount of work is completed. The second, unrelated to Bill 109, is an increase in fees to ensure that development application fees better reflect the amount of effort required from City staff (see Appendix III to Report PLN 47-22). The recommended changes to development review procedures and fees reflect a response to Bill 109, and an update of the City’s application fees. Recently announced draft changes to the Planning Act (Bill 23, the More Homes Built Faster Act, 2022) may require further modifications in the future. As required, staff may bring additional changes for Council’s consideration if/when this new legislation is enacted. Financial Implications: If no changes are made to the City’s development review process, as outlined in Section 2 of this report, the City is at risk of forfeiting most, or all, of the application fees collected for Zoning By-law Amendment and Site Plan Approval applications. The precise amount associated with these applications will vary each year, based on the number of applications received. Using a three-year range, the average amount of fees that could be at risk is approximately $1,000,000 per year. The addition of new charges for the “pre-submission” application stage, and proposed increase in development review fees, will bring many (but not all) of these fees to full cost recovery. This will provide the City with the ability to continue to perform the required function of development review and approval, while minimizing reliance on increased tax revenue to meet demand. - 147 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 3 1. Background The Planning Act of Ontario is the provincial legislation that sets out the ground rules for land use planning in Ontario. Guided by the Planning Act, the City of Pickering receives, reviews, and approves development applications leading to the construction of new homes and businesses. On March 30, 2022, the Province introduced Bill 109, the More Homes for Everyone Act, 2022. Bill 109 amends various statutes, including the Planning Act, for items related to housing and development. City staff brought forward a report (PLN 22-22) to the April 25, 2022, Council meeting, summarizing Bill 109 and its potential implications for the City (see Attachment #1). During the consultation period, the Province gave Bill 109 Royal Assent on April 14, 2022. Among other matters, Bill 109 amended the Planning Act to require municipalities to refund Zoning By-law Amendment and Site Plan application fees, if a decision or approval is not made or issued respectively, within the legislative timelines. These changes come into effect on January 1, 2023. A summary of the fee refunds is provided in Figures 1, 2 and 3. Figure 1: Zoning By-law Amendment refund schedule Figure 2: Zoning By-law Amendment refund schedule if submitted with an Official Plan Amendment Figure 3: Site Plan refund schedule - 148 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 4 Prior to the release of Bill 109, staff were in the midst of a review and update of the City’s development application fees. Watson & Associates Economists Ltd. was retained to assist staff in the review of these fees (see Planning Application Fee Review – Update Study, Watson & Associates, Attachment #2,). A discussion of the findings from Watson & Associates is summarized in Section 2.3.5 of this report. 2. Discussion 2.1 Challenges created by Bill 109 The Province has stated that the intent of the changes made by Bill 109 is to accelerate development approvals, leading to the faster construction of new homes. The goal of fast and efficient development approvals is shared by City staff. In practice, the development review process is designed to be an iterative and collaborative exchange between the City, developers, and stakeholders. The Planning Act requires municipalities to be transparent, and to actively engage the public in the review process. Unfortunately, the changes brought forward by Bill 109 do not take into account the following items in the development review process: 2.1.1 There is no ability to “stop-the-clock” when an application is circulated to commenting agencies for review There are a number of external agencies (Ministry of Transportation, Region of Durham, Conservation Authorities, etc.) and internal departments involved in the review of applications. The external agencies that assist with application review rarely provide their comments within the requested one-month period. Municipalities do not have the ability to “stop-the-clock” while awaiting comments from external agencies. This review may include an analysis of complex studies and reports such as comprehensive traffic impact assessments, functional servicing reports, noise studies, planning justification reports, heritage impact assessments, and geotechnical reports, to list a few. Delays in receiving comments from these agencies significantly affect approval timelines. These delays are beyond the control of the City. 2.1.2 There is no ability to “stop-the-clock” after comments have been provided to the Applicant, and the City is waiting for the proposal to be revised Once the review of an application has been completed, there are usually several modifications that need to be made by the Owner and/or Applicant in order for the application to align with City policies, guidelines, and regulations. While Applicants are often highly motivated to provide timely revisions, the City has no control over how long it takes before the revised submission is received from the Applicant. Depending on the complexity of the project, the key issues to be resolved, and the availability of consulting resources, it can take an applicant several months to resubmit application materials. It is also common for Applicants to provide more than one revision of their application before City staff are prepared to issue Site Plan Approval or recommend approval of a Zoning By-law Amendment to Council. - 149 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 5 2.1.3 Statutory public engagement becomes perfunctory rather than collaborative For Zoning By-law Amendment applications, municipalities are required to include public consultation by holding a Statutory Public Meeting. Following the Statutory Public Meeting, the comments from the public are expected to inform staff’s review and Council’s decision. Effectively reviewing and addressing public comments can also contribute to applications exceeding the Planning Act timelines. The requirements imposed by Bill 109 will now require Council to expedite its decision. If no changes were made to the City’s practices and procedures for reviewing and making decisions on planning applications, staff would be required to prepare a report with a recommendation on the application before the Statutory Public Meeting is held, and likely without time to receive all City, agency, and public comments. This would reduce the transparency of the review process, reduce the opportunity to undertake meaningful engagement with stakeholders and members of the public, and reduce the ability to provide a comprehensive planning recommendation to Council. The Bill 109 timelines require the rapid review and consideration of development applications. These timelines do not consider the fact that Committee and Council meetings are not typically held in the months of July and August or during election periods. As required, it may become necessary for special meetings of Council to be called during the summer to consider applications. Taking into account the review requirements of all City departments and external agencies, along with the quality of submissions and the response time from Applicants, it is staff’s opinion that the prescribed timelines in the Planning Act are not achievable. Therefore, without any change to our current practices and procedures, the City is at risk of refunding a significant amount of the application fees that are collected for Zoning By-law Amendment and Site Plan Approval applications. The City’s average processing timelines over the last few years are as follows: All Zoning By-law Amendments: • Required decision timeline: 90 days • Average decision timeline: 400 days Residential Site Plans: • Required decision timeline: 60 days • Average decision timeline: 500 days Staff notes that there are various factors that contribute to these long decision timelines. In many instances, delays are caused by untimely responses from Applicants and external agencies. There are also procedural matters that artificially inflate decision timelines. For example, in the past when Site Plan applications were submitted concurrently with Zoning By-law Amendments, approval of the Site Plan could not occur before the Zoning had been approved by Council. This has implications on how project timelines are reported but does not directly impact how project review occurs. - 150 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 6 City staff remain committed to the prompt and efficient review of development applications to spur economic development and support the creation of more housing. Unfortunately, the punitive measures created by Bill 109 unfairly penalize municipalities for delays that are often outside of their control. To best support the continued review of development applications, and to avoid the financial penalties imposed by Bill 109, staff are proposing several changes to the development review process. 2.2 Proposed Changes to the Development Review Process The changes staff are proposing should allow the City to meet the legislated timelines and avoid the loss of development application revenue, while still ensuring a robust and thorough evaluation of the application. The goal of these proposed changes is for the City to: • continue to diligently review development applications in a timely manner; • continue to provide appropriate analysis leading to high-quality urban design and orderly development; • ensure that development application fees more accurately reflect the City’s cost for reviewing those applications and are collected at the appropriate time; and • continue to seek meaningful public participation despite a condensed timeline. 2.2.1 Development Review Process The development review process currently consists of three general stages: pre-consultation, application review, and decision (see Figure 4 below). Under the current process, the majority of time spent reviewing the proposal is during the application review stage. Figure 4: Current Development Review Process Due to the strict timeframes and refund penalties assigned to the application review stage, staff are proposing to shift the review portion of development proposals from the application stage to a new “pre-submission” stage (see Figure 5 below). Staff will continue to provide a prompt and thorough review, but will avoid “starting the clock” and avoid being at risk for application refunds. - 151 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 7 Figure 5: Proposed Development Review Process The City’s development review process will need to change to be more front-ended, requiring additional review and effort by all stakeholders prior to the formal submission of an application. This way, when an application is received, it will only be deemed complete after the review of the proposal has been completed by City staff and external agencies and the Proponent has made all necessary revisions. The following sections will provide a more detailed account of the proposed changes to each stage of the development review process. An illustrated summary of the development review stages is provided in Attachments #3 and #4 to this report. 2.2.2 Stage 1A – Pre-Consultation Stage The purpose of the pre-consultation stage is to review a development concept, confirm the appropriate planning and agency approvals that are needed, and provide a list of required materials that must be submitted as part of a complete application. Pre- consultation meetings are permitted by the Planning Act, but are not part of the legislated application review process, and therefore are not subject to the timeline refunds prescribed by Bill 109. 2.2.3 Stage 1B – The Pre-Submission Stage Following a pre-consultation meeting, Proponents will submit all required materials for review by staff and external agencies. The technical review of the proposal will occur during the pre-submission stage. During the pre-submission stage, “the clock” is not running. At the pre-submission stage, staff will circulate the development reports and drawings to all agencies and departments for technical review. A full review of all reports and studies will be completed to confirm accuracy and conformity with all requirements and standards. More detailed information, such as peer reviews, may also be required at this stage. The pre-submission stage will be an integrative process, allowing City Departments and external agencies the appropriate time to review complex studies and drawings, and allow the Proponent to address key technical issues prior to the submission of an application. This stage also requires consultation and engagement with the public. It is important to note that the prescribed timelines imposed by Bill 109 do not apply during the pre-submission review. - 152 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 8 2.2.3.1 Public Information Centre (Open House) The Planning Act requires that a Statutory Public Meeting be held before Council makes a decision on a variety of development applications, including Zoning By-law Amendments, but is not required for Site Plan Approvals. This allows the public to provide comments for Council to consider as part of their decision. In addition to the Statutory Public Meeting, it is not uncommon for a voluntary Public Information Centre (open house) to be held earlier in the process. These events are less formal and provide the public with the opportunity to directly engage with the Applicant, their consultants, and City staff. To meet the Planning Act timelines, all Applicants for Zoning By-law Amendment will now be required to host an open house prior to the submission of a formal application. One benefit to this early engagement is the identification of community concerns at the beginning of the process possibly leading to modifications of a proposal before it is formally submitted. For example, the Planning Rationale Report, traffic reports, and other supporting documents prepared by the Proponent will now be informed by public comments rather than exclusively relying on technical analysis that may not fully take into account the local context. Staff will be developing a set of procedures for Proponents to follow that outlines the requirements for open house events, which will include matters such as the type of venue/forum, how to give notice, how to record feedback, etc. In addition to requiring the applicant to host an open house meeting, City staff will ensure the information and materials submitted at the pre-submission stage are uploaded to the City’s website, allowing the public to review and offer comments on the proposal. 2.2.4 Stage 2 – Complete Application Submission Under the Planning Act, certain information or material is required to be provided as part of a complete application. The purpose of complete application requirements is to ensure that all the relevant and required information is available, at the time of formal submission, for staff to either issue an approval or provide a recommendation to Council. The complete application requirements are intended to make the review of an application faster and more efficient. To improve the review process, and manage the new legislated review timelines, staff propose to strengthen and expand the complete application requirements for planning applications. The Planning Act allows municipalities to request information or material if their Official Plan contains provisions relating to those requirements. In order to update the list of items that the City may request during a pre-consultation meeting, an amendment to the City’s Official Plan is required. The proposed amendments to the relevant policies in the Official Plan are contained in Appendix I. - 153 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 9 2.2.4.1 The Statutory Public Meeting The Planning Act outlines the required steps involved in reviewing an application. Certain applications, such as Zoning By-law Amendments, require that municipalities consult with the public at a Statutory Public Meeting (see Attachment #4). Once an application is received and deemed complete, a municipality will schedule a Statutory Public Meeting to be held at a Planning & Development Committee (Committee) meeting. Currently, an information report is provided to the Committee outlining the major elements of the development application, summarizing relevant land use policies and identifying key concerns to be addressed. After the first Committee meeting, staff continue to review the application and incorporate comments received from Council, the public, and external agencies. Once all information has been received and reviewed, a recommendation report is presented at a subsequent Committee meeting. It is at this meeting that Committee is requested to make a decision on the application, that is ratified at a subsequent Council meeting. As part of the revised strategy to meet the Planning Act timeline, City Development staff will no longer prepare an information report and host a Statutory Public Meeting on a separate evening, in advance of the Planning & Development Committee considering a recommendation report. The Committee will now have to make a decision on planning applications on the same night the Statutory Public Meeting is held. This reduces the ability for public comments, received in advance of the Statutory Public Meeting, to be incorporated into Committee’s decision. The public engagement, that is currently received at the Statutory Public Meeting stage, will now be captured earlier in the process, and in a different form, through the newly required Public Information Centre described in Section 2.2.3.1 of this report. The Public Information Centre will occur prior to the submission of the application. Bringing forward a recommendation report at the Statutory Public Meeting may require certain procedural changes to the format of that event that will be formulated in consultation with the City Clerk. 2.2.5 Proposed Transitional Provisions To assist the Proponents with implementing the revised development review process, the following transitional provisions are being proposed: 2.2.5.1 New Pre-consultation All applicants of future development proposals will be informed of the new development review process, and be provided with directions on how to proceed to a complete application. 2.2.5.2 Completed Pre-consultation, but no Application Where complete application requirements have already been determined through a formal pre-consultation meeting prior to January 1, 2023, City staff will either: - 154 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 10 a. amend the formal pre-consultation requirements; or b. require a new pre-consultation meeting. 2.2.5.3 Existing Application, but no Statutory Public Meeting These applications will follow the new development review process. An Open House will be held to provide information and gather public input. A subsequent Statutory Public Meeting will be held at the same time that a recommendation report is presented to Committee. 2.2.5.4 Existing Application and Statutory Public Meeting already held Since the statutory requirements of the Planning Act have already been met, a recommendation report will be presented to the Committee at the first opportunity. 2.2.6 Concurrent vs. Sequential Application Review Often development projects require more than one development approval (i.e., Official Plan Amendment, Zoning By-law Amendment and/or Site Plan applications). Currently, the City permits multiple applications to be submitted at the same time to benefit from the efficiency of circulating all materials once to external agencies and holding one joint Statutory Public Meeting. To respond to the strict requirements of Bill 109, certain applications will no longer be considered concurrently. Instead, Applicants will need to submit each application sequentially. For example, a Proponent requiring both a Zoning By-law Amendment and a Site Plan Approval will have to submit a Zoning By-law Amendment application first. Once the Zoning By-law Amendment has been approved and is in full force and effect, the Proponent may then submit a Site Plan Approval application. Staff regret that this will likely result in a lengthening of overall approval timelines for some projects. However, this is one of the unintended consequences of the changes brought forward by Bill 109. Reviewing applications sequentially will ensure that the City is not penalized with any refunds to site plan applications, while still finalizing prerequisite applications. 2.2.7 Application Denial and Re-Application Despite the benefits of a revised development review process, the City may still need to deny an application if all information is not provided within the prescribed timeline to avoid paying application fee refunds. In circumstances where denials are issued to “stop-the-clock”, Applicants may be able to submit their applications for reconsideration if the outstanding matters: • do not change the nature of the proposal; • are minor and technical in nature and are not expected to result in fundamental changes to the layout and design of the proposal; • do not involve re-engagement with the public; and • do not require recirculation of the application to external agencies. - 155 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 11 The decision on whether to accept an application for reconsideration will be at the discretion of the Director, City Development & CBO. A fee for the reconsideration of an application will be required. 2.2.8 Changes to the review of all development applications With minor differences, all development applications follow the same general pattern of development review. The recent changes to the Planning Act from Bill 109 only create potential refund scenarios for Zoning By-law Amendment and Site Plan applications. The changes to the development review process listed in this report are specifically needed for those two application types. However, there would be increased clarity for the public, the development industry, and Council if all development applications followed the same review and approval process. Therefore, staff propose to apply the new development review process to all applicable Planning applications. 2.3 Proposed Changes to the Development Review Fees In conjunction with the revised development review process that has been outlined in this report, staff are proposing to shift the development review fees to the appropriate stage of review where the corresponding amount of work is conducted. This will involve applying a fee at both the pre-submission stage, as well as a fee at the application stage. Prior to the introduction of Bill 109, the City retained Watson & Associates Economists Ltd. (Watson) to review the City’s current development application fees. The rationale for the proposed fee changes is contained in Attachment #2 and is further discussed in Section 2.3.5 of this report. 2.3.1 Stage 1A – Pre-consultation Currently, fees are collected by the City to review and comment on preliminary development concepts at the pre-consultation meeting. This fee represents only a small fraction of the staff time required to prepare and host this meeting. It is recommended that the current pre-consultation fee be maintained for the analysis of simple proposals (Pre-consultation Meeting Simple) and a new fee be created for the analysis of complex proposals (Pre-consultation Meeting Complex). It is intended that this new fee structure better reflect the amount of work completed by staff for this meeting. 2.3.2 Stage 1B – Pre-submission Under the new development review process, staff will spend a greater amount of time reviewing the development materials prior to the submission of the formal application. Therefore, review fees will be revised to reflect staff’s effort during each stage of review. A majority of the review fees will be collected at the new “pre-submission” stage, where staff will spend the largest portion of their time in the review and analysis of a proposal. The remaining part of the review fee will be collected at the submission of the complete application. Fees collected at the pre-submission stage are not subject to any refund requirements. - 156 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 12 The review of development proposals is a collaborative process that typically involves more than one submission by the Proponent to ensure that their proposal conforms with all policies, standards, and regulations of the City and the relevant commenting agencies. The pre-submission process presumes the original submission and two subsequent submissions by the Proponent. Each submission is thoroughly reviewed by staff and relevant agencies, and a list of missing or outstanding items is provided to the Proponent. The pre-submission fee is intended to cover the cost of the original submission and two resubmissions. In order to reflect the ongoing work required by staff, the fourth submission, and every submission thereafter, will be subject to a recirculation fee (see Table 1 below). Table 1: When Pre-submission and Recirculation Fees Apply Pre-submission Fee Recirculation Fee Original submission  N/A Submission Two N/A N/A Submission Three N/A N/A Submission Four, or more N/A  2.3.4 Stage 2 – Application After the pre-submission review has been completed, Proponents may then submit their complete application. An application review fee is payable at the time of application submission. This is when the legislated timelines in the Planning Act begin. If Council or staff are unable to reach a decision or provide approval within the legislated timeline, this is the fee that would be subject to any possible refund. 2.3.5 Overall Increase in Application Fees There is a general principle in Municipal planning and finance that development application fees should recover the City’s cost for reviewing those applications. The intent is to avoid having the existing tax base (residents and business owners) subsidize the costs to the City incurred from new development. Excluding City-initiated applications, Minor Variance, and Land Division applications, which are not intended to achieve cost recovery, the City’s current application fees only recover 78 percent of the costs of staff’s review of development application files. Watson was retained by the City to complete a comprehensive update to the development approval application process (D.A.A.P) fee reviews. One of the objectives of Watson’s review was to determine the fee increases necessary to achieve full cost recovery. The recommended fee increases included in Appendix III of this report will move the City’s fees for reviewing Planning Act applications closer to full cost recovery. Excluding Minor Variance, Land Division, and City-initiated applications, cost recovery performance will increase from 78 percent to almost 95 percent. For Official Plan Amendments, the move to full cost recovery was considered too great to be implemented through a one-time increase. Therefore, a more moderate fee increase is - 157 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 13 recommended at this time. Similarly, staff recommend not recovering the full cost for Minister Zoning Order Amendments, as these fees may be overly burdensome on residents that live in areas under these regulations. Details of the proposed fee increases are contained in Watson’s Planning Application Fee Review – Update Study, contained in Attachment #2 to this report, and summarized in Table 2. Table 2: Current and Proposed Cost Recovery by Application Type Application Type Current Cost Recovery Proposed Cost Recovery Subdivision 53% 100% Condominium 82% 100% Official Plan 37% 69% Zoning By-Law Amendment 89% 100% Site Plan 98% 100% Minor Variance and Land Division 11% 15% City Initiated Applications 0% 0% These fee increases are necessary if the City wants to ensure that the application and review fees better reflect the City’s costs for reviewing development applications. The alternative will be to shift a greater portion of the cost for reviewing development applications onto Municipal tax assessment revenue. 3. Notice of Proposed Official Plan Amendment 46 In accordance with the requirements of the Planning Act, a notice of the Statutory Public Meeting for proposed Amendment 46 to the Pickering Official Plan was provided in the Pickering News Advertiser. Notice of the Statutory Public Meeting was also posted on the City’s website and a separate notice was forwarded to the Building Industry and Land Development Association (BILD) and members of the local development industry. As of the date of this report, staff had received three public inquiries seeking clarity on the proposed amendment, or access to the background report, but no written or verbal comments have been received from the public. 4. Future Evaluation and Modification The proposed changes to the City’s development review process are intended to support the efficient review of development applications in light of recent changes to the Planning Act. Staff will track the result of the new processes and, as required, make necessary revisions to ensure that the intended outcomes are being achieved. Additional changes proposed by the Province under Bill 23 are still being evaluated and may also necessitate further modifications in the future. A summary of the changes from Bill 23 is contained in a separate report. It is recommended that a Council education session be held in the future to review all of the changes proposed to City processes as a consequence of current and forthcoming changes to the Planning Act. - 158 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 14 5. Conclusion Staff will continue to focus resources on effectively reviewing development proposals, while also meeting application timelines. A number of policy, procedure, and fee changes are needed in order for the City to avoid the refund requirements created by Bill 109: • no longer permit development applications to be submitted concurrently; • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make public engagement a requirement for submitting a complete application; • provide recommendation reports for consideration by the Planning & Development Committee on the same day as the statutory public meeting; • recommend Council “refuse an application without prejudice”; to address minor issues that may arise during the formal Zoning By-law Amendment application stage, which cannot be resolved within the legislated timeframes; and • permit reconsideration of Zoning By-law Amendments in select circumstances. In addition to the procedural changes that will be instituted by staff, it is recommended that Council approve the corresponding changes. Staff recommends: (a) That Council approve Recommended Amendment 46 to the Pickering Official Plan by passing the by-law to adopt Amendment 46, as set out in Appendix I to Report PLN 47-22; (b) That Council approve an amendment to By-law 6942/09, Pre-consultation By-law; and (c) That Council approve an amendment to By-law 7918/22, General Municipal Fee and Charges By-law. Appendices Appendix I Draft By-law to adopt Amendment 46 to the Pickering Official Plan Appendix II Draft By-law to Amend By-law 6942/09, Pre-consultation By-law Appendix III Draft By-law to Amend By-law 7918/22, General Municipal Fees Attachments 1. Report PLN 22-22, Comments on proposed Bill 109, More Homes For Everyone 2. Planning Application Fee Review – Update Study, Watson & Associates 3. Current and Proposed Site Plan Approval process 4. Current and Proposed Zoning By-law Amendment process - 159 - PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 15 Prepared By: Original Signed By Paul Wirch, MCIP, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics 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 PW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 160 - Attachment #2 to Report PLN 09-23 Current Zoning By-law Amendment Process Zoning By-law Amendment Application 90 D a y s Su b m i s s i o n Recommend ation Report Stat. Public Meeting Voluntary Open House P& D C o m m i t t e e Co u n c i l Complete Application Pr e - c o n s u l t a t i o n P& D C o m m i t t e e Information Report - 161 - Attachment #3 to Report PLN 09-23 Proposed Zoning By-law Amendment Process Zoning By-law Amendment Application Pr e - c o n s u l t a t i o n Pre-Submission Pr e - s u b m i s s i o n 90 D a y s Su b m i s s i o n Recommend ation Report Stat. Public Meeting Public Engage. Report Mandatory Open House Voluntary Open House P& D C o m m i t t e e Co u n c i l Complete Application - 162 - Attachment #4 to Report PLN 09-23 234-2022-6136 December 22, 2022 Dear Head of Council: Ontario’s housing supply crisis is a problem which has been decades in the making. It will take both short-term strategies and long-term commitment from all levels of government, the private sector, and not-for-profits to drive change. Each entity will have to do their part to be part of the solution. To help support this important priority, I am pleased to provide you with an update on recent legislative and regulatory changes our government has made to help get 1.5 million homes built over the next 10 years. Bill 109, the More Homes for Everyone Act, 2022 Bill 109, the More Homes for Everyone Act, 2022, was introduced on March 30, 2022 and received Royal Assent on April 14, 2022. As part of the government’s More Homes for Everyone Plan, Schedule 5 of Bill 109 made changes to the Planning Act. Consequential changes were also made to the City of Toronto Act, 2006. Most of the Planning Act changes are now in effect except for the zoning and site plan control fee refund provisions, which are due to come into force on January 1, 2023. However, I am committed to bringing forward legislation to delay the effective date of the fee refund changes from January 1, 2023 to July 1, 2023. These legislative changes would be introduced in the new year. In the event that any fee refunds become due to applicants before these legislative changes are made, municipalities might consider not issuing refunds in the interim given my express commitment to introduce legislation that, if passed, would retroactively cancel the requirement. You can find more information about Bill 109 on the Environmental Registry of Ontario (019-5284), and the Ontario Legislative Assembly website. …/2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000 - 163 - -2- Bill 23, More Homes Built Faster, 2022 Bill 23, the More Homes Built Faster Act, 2022, was introduced on October 25, 2022, and received Royal Assent on November 28, 2022. To support More Homes Built Faster: Ontario’s Housing Supply Action Plan: 2022– 2023, Schedule 9 of Bill 23 made changes to the Planning Act. Schedule 1 of Bill 23 also made similar changes to the City of Toronto Act, 2006 related to site plan provisions. Schedule 3 of Bill 23 made changes to the Development Charges Act. The planning-related and municipal development-related charges changes came into force on November 28, 2022, except for provisions related to removal of planning responsibilities from certain upper-tier municipalities, certain provisions related to parkland dedication, and exemptions from municipal development-related charges for affordable and attainable housing, which will come into force on a day in the future to be named by proclamation. Provisions related to Conservation Authorities will take effect January 1, 2023. Bill 23 also made changes to legislation led by other ministries. Please see Appendix A for an overview of the effective dates of the Bill 23 changes by schedule. You can find more information about Bill 23 on the Environmental Registry of Ontario (019-6163), and the Ontario Legislative Assembly website. Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better Municipal Governance Act, 2022 Bill 3, the Strong Mayors, Building Homes Act, 2022, was introduced on August 10, 2022, and received Royal Assent on September 8, 2022. Bill 3 and associated regulations (O. Reg. 529/22 and O. Reg. 530/22) came into force on November 23, 2022. Bill 39, the Better Municipal Governance Act, 2022, was introduced on November 16, 2022, and received Royal Assent on December 8, 2022. Bill 39, amendments to associated regulations (O. Reg. 581/22 and O. Reg. 583/22), and additional regulations to prescribe provincial priorities (O. Reg. 580/22 and O. Reg. 582/22) came into force on December 20, 2022. Additional details can be found in Appendix B and on the Ontario Legislative Assembly’s website (Bill 3 and Bill 39). Sincerely, Steve Clark Minister c: Chief Administrative Officer - 164 - Appendix A Effective Dates for Bill 23, the More Homes Built Faster Act, 2022 Schedule Effective Date Schedule 1: City of Toronto Act, 2006 All of the changes in Schedule 1 (City of Toronto Act) came into force on the day the bill received Royal Assent. Note: The legislative changes to the City of Toronto Act include amendments that give the Minister of Municipal Affairs and Housing authority to make regulations imposing limits and conditions on how municipalities can regulate the demolition and conversion of residential rental properties of six units or more. No regulations have been made at this time. Schedule 2: Conservation Authorities Act Changes in Schedule 2 (Conservation Authorities Act) came into force the day the bill received Royal Assent, except for: • On January 1, sections related to streamlining disposition of lands for CAs comes into force which would allow CAs to sell or lease land without Minister’s approval provided they follow rules around public consultation and notifications. • Also on January 1, sections that enable the Minister’s ability to issue direction to freeze fees and ability to scope CA commenting on development applications and land use planning policies through regulation, would come into force but only have effect when the Minister issues direction on fees or if a regulation prescribing Act under which CA commenting roles is restricted is made. • Changes related to CA permitting (including removal of “conservation of land” and “pollution”, adding “unstable soil and bedrock”, regulation making powers to exempt development from a CA permit where it has been authorized under the Planning Act, etc.) take effect on a later date (upon proclamation) once a new regulation under Section 28 of the CA Act is in effect. MNRF continues to consult on that regulation through the Environmental Registry (#019-2927). Schedule 3: Development Charges Act, 1997 All of the changes in Schedule 3 (Development Charges Act) came into force on the day the bill received Royal Assent, with the exception of provisions relating to development charge exemptions for affordable and attainable housing units, which would take effect upon proclamation. Schedule 4: Municipal Act, 2001 All of the changes in Schedule 4 (Municipal Act) came into force on the day the bill received Royal Assent. Note: The legislative changes to the Municipal Act give the Minister of Municipal Affairs and Housing authority to make regulations imposing limits and conditions on how municipalities can regulate the demolition and conversion of residential rental properties of six units or more. No regulations have been made at this time. Schedule 5: New Home Construction Licensing Act, 2017 Many of the amendments in Schedule 5 (New Home Construction Licensing Act) came into force on the day the bill received Royal Assent. The amendments regarding the maximum fine that a court may impose for a subsequent conviction, as well as most of the amendments related - 165 - Schedule Effective Date to administrative penalties, will come into force on February 1, 2023. Schedule 6: Ontario Heritage Act Most of the amendments to the Ontario Heritage Act (OHA) made through the bill will be proclaimed into force on January 1, 2023. These include: • The new authorities under Part III.1 of the Act that relate to the Standards and Guidelines for Conservation of Provincial Heritage Properties. • Most of the changes to procedures related to municipal registers, including the process and requirements around inclusion of non- designated properties on the municipal registers. However, the requirement for municipalities to make their municipal registers available on a publicly accessible website will not come into force until July 1, 2023 to provide municipalities with time to ensure compliance. • Limiting the ability to issue a Notice of Intention to Designate a property subject to a prescribed event to only those properties included on a municipal register. • The authority to prescribe criteria for determining cultural heritage value or interest for the purposes of including non-designated properties on the municipal register and designating a Heritage Conservation District (HCD). • The authority to set out processes to amend and repeal HCD bylaw in regulation. Note, the Ministry of Citizenship and Multiculturalism will consult on the development of these processes to be set out in regulation in 2023. Regulatory amendments to O.Reg. 9/06: Criteria for Determining Cultural Heritage Value or Interest will also come into force on January 1, 2023. These changes establish that non-designated properties included on a register must meet one or more of the criteria outlined in the regulation, and that individual properties and HCDs must meet two or more of the criteria included in the regulation in order to be designated. The regulation also includes transitionary provisions to address matters underway at the time of the changes coming into force. The outstanding amendments to the OHA made through Bill 108, the More Homes, More Choice Act, 2019, will also be proclaimed into force on January 1, 2023. The amendments speak specifically to the demolition or removal of an attribute that is not a building or structure within an HCD. Regulatory amendments to O.Reg. 358/21: General will come into force on January 1, 2023. These amendments include consequential housekeeping amendments and transition provisions related to the above legislative amendments coming into force. Bill 23 included some minor housekeeping amendments to the OHA that came into force upon Royal Assent. These included repealing the alternative definition of “alter”. Schedule 7: Ontario Land Tribunal Act, 2001 The changes in Schedule 7 (More Homes Built Faster Act, 2022) will come into force on proclamation. - 166 - Schedule Effective Date Schedule 8: Ontario Underground Infrastructure Notification System Act, 2012 The changes in Schedule 8 (Ontario Underground Infrastructure Notification System Act, 2012) came into force on the day the bill received Royal Assent. Schedule 9: Planning Act The changes in Schedule 9 (Planning Act) all came into force on the day the bill received Royal Assent, with the following exceptions: • provisions related to removal of planning responsibilities from certain upper-tier municipalities, which would come into force on a day to be named by proclamation. • provisions related to the exemption of community benefits charge and parkland dedication requirements for affordable and attainable housing units • provisions related encumbered land to be conveyed to municipalities by developers for park or other recreational purposes • provisions related to Conservation Authorities (linked to the changes in Schedule 2) will take effect January 1, 2023 Schedule 10: Supporting Growth and Housing in York and Durham Regions Act, 2022 Except as otherwise provided, the Act set out in Schedule 10 came into force on the day bill received Royal Assent. • Sections 7 to 10, subsection 11 (5) and section 14 come into force on a day to be named by proclamation of the Lieutenant Governor. Once in force, these sections will require a prescribed municipality to develop, construct, and operate the Lake Simcoe phosphorus reduction project and allow the Ontario Clean Water Agency to undertake some or all of that project if ordered to do so by the Lieutenant Governor in Council. The project will also be exempt from the Environmental Assessment Act. • Subsection 85 (1) comes into force on the later of the day subsection 44 (1) of this Act comes into force and the day section 2 of Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force. Subsection 85 (1) makes consequential changes to the Act arising out of changes to the Expropriations Act in respect of alternative hearings processes. • Subsection 85 (2) comes into force on the later of the day section 61 of this Act comes into force and the day section 42 of Schedule 4 to the Comprehensive Ontario Police Services Act, 2019 comes into force. Subsection 85 (2) makes consequential changes to the Act arising out of the Comprehensive Ontario Police Services Act, 2019 consistent with other Ministry of the Environment, Conservation and Parks legislation. The change would allow a person undertaking an inspection to obtain the assistance of the local police force rather than the Ontario Provincial Police Force. - 167 - Appendix B Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better Municipal Governance Act, 2022 As a result of Bills 3 and 39, changes were made to the Municipal Act, 2001, City of Toronto Act, 2006 and the Municipal Conflict of Interest Act, and regulations were established to give the mayors in Toronto and Ottawa strong mayor powers to help advance shared provincial-municipal priorities, including building new homes. These powers include: • Choosing to appoint the municipality’s chief administrative officer, • Hiring certain municipal department heads, and establish and re-organize departments, • Creating committees of council, assigning their functions and appointing the Chairs and Vice-Chairs of committees of council, and • Proposing the municipal budget, subject to council amendments and a head of council veto and council override process. The mayors of Toronto and Ottawa can also use strong mayor powers related to provincial priorities. These include: • Vetoing certain by-laws if the mayor is of the opinion that all or part of the by-law could potentially interfere with a provincial priority, • Bringing forward matters for council consideration if the mayor is of the opinion that considering the matter could potentially advance a provincial priority, and • Proposing certain municipal by-laws if the mayor is of the opinion that the proposed by- law could potentially advance a provincial priority. Council can pass these by-laws if more than one-third of council members vote in favour. The provincial priorities for the purposes of strong mayor powers are prescribed in O. Reg. 580/22 and O. Reg. 582/22 and they are: 1. Building 1.5 million new residential units by December 31, 2031. 2. Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing. - 168 -