Loading...
HomeMy WebLinkAboutBy-law 6941/09 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6941/09 Being a By-law to adopt Amendment 17 to the Official Plan for the City of Pickering (OPA 08-002/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; AND 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; AND 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; AND WHERERAS the Region has advised that Amendment 17 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 17 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 for Amendment 17. 3. This By-law shall come into force and take effect on the day of the final passing hereof. BY-LAW read a first, second and third time and finally passed this 20th day of April, 2009. David Rya v, or Debi A. Wilcox, City Clerk Exhibit "A" to By-law AMENDMENT 17 TO THE . PICKERING OFFICIAL PLAN - i Amendment 17 to the Pickering Official Plan PURPOSE: The purpose of this Amendment is to change policies of the Pickering Official Plan to set out the requirements for complete applications and for mandatory consultation before submission of applications for Official Plan amendments, Zoning By-law amendments, plans of subdivision and plans of condominium, in, accordance with Sections 22(5), 34(10.2), and 51(18) of the Planning Act, R.S.O. 1990 c.P.13. The amendment also sets out requirements for complete applications and mandatory pre-submission consultations for site plan applications. LOCATION: This amendment applies to all lands within the City of Pickering. BASIS: On January 1, 2007, the Planning Act was amended by Bill • 51, the Planning and Conservation Land Statute Law Amendment Act, 2006 to provide a number of additional planning and development control tools for municipalities. Among these is the ability, of a municipality to require studies to be submitted at the time of application and to refuse consideration of an application if these studies are not submitted-, in other words, if the application is not 'complete'. However, in order to avail itself of these powers, the municipality must include provisions in the Official Plan relating to the requirements of a 'complete application'. These provisions are to document the information or material that the municipality considers it may need in order to review the full range of matters relevant to an application. This complete application provision applies to Official Plan Amendments, Zoning by-law amendments, plans of subdivision and plans of condominium. This amendment also requires a complete application provision for site plan applications. In addition, Bill 51 introduced provisions permitting a municipal council, by by-law, to require applicants to consult with the municipality prior to submission of a planning application. Concurrent with adoption of this Amendment, City Council will pass such a by-law, and this Amendment proposes to add a policy to the Official Plan to provide for mandatory pre-submission consultation for planning applications for Official Plan amendments, Zoning By-law amendments, plans of subdivision, plans of condominium and site plan approvals. 1 Amendment 17 to the Pickering Official Plan ACTUAL AMENDMENT: The Pickering Official Plan be. amended by: (NEW TEXT SHOWN AS UNDERLINED TEXT, DELETED. TEXT SHOWN AS STRIKEOUT TEXT, RETAINED TEXT SHOWN AS UNCHANGED TEXT) Chapter Fifteen - Development Review 1. Amending policy section 15.2 as follows: • Deleting policy section 15.2 in its entirety "15.2 City Ceun eil may require the prepenentg of developTent, to submit for re..*-- reports asseeiated 1, eeenemie or al idera~ft shi ind, natural hazards and ilTfr L{JTCCfe~TT'C- • Adding the following new policy section 15.2: "15.2 City Council shall require applicants to consult with the municipality prior to submitting an application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, draft plan of condominium or site plan approval. The pre-submission consultation meeting will be held with the applicant, City staff and any other government agency or public authority that the City determines appropriate. At the pre-submission consultation meeting; (a) the list of required studies set out in sections 15.5A or 15.5B will be scoped to only require studies related to the application. The City, in consultation with applicable agencies, may also prepare .terms of reference/guidelines for any of the required studies which would set out the required study information, analvsis and recommendations necessary to address the scope and complexity of the application; and (b) additional studies may be determined necessary for submission with the application based on the nature of the application." 2 Amendment 17 to the Pickering Official Plan V 2. Amending policy section 15.3 as follows. • Deleting existing policy section 15.3: "15.3 City Cou.neil ...-j the proponents e development f- and devele,p management r! eentralling ifnpaet§ 0. , tagemen plan, edge b „ aft, • Adding the following new policy section 15.3: . . "15.3 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 15.4; (b) any information or materials prescribed by statute and regulation; (c) a record of pre-submission consultation; (d) the prescribed application fee(sl; (e) payment, or proof of payment of application . review fees charged by commenting agencies (f) all required studies set out in Section 15.5 for an official plan amendment, zoning by-law amendment, draft plan of subdivision and draft plan of condominium application; and (g) all required studies set out in Section 15.6 for a site plan application." 3. Moving existing policy section 15.4, in its entirety, to appear as new policy section 15.5C. Adding new policy section 15.4, as follows. . Adding the following new policy section 15.4: 3 Amendment 17 to the Pickering Official Plan "15.4 City Council shall require all of the matters set out in Sections 15.3 15.5A and/or 15.5B to be completed to the satisfaction of the City respecting the scope and complexes appropriate to the application prior to the City deeming the application complete Once an application is deemed complete, the City. may retain a -qualified consultant to conduct a peer review of any of the studies required in sections 15.5A and/or 15.5B at the applicant's expense as acknowledged on the application form and as provided for in Section 15.3(aand 4. Deleting policy section 15.5, in its entirety and replacing it with a new policy section renumbered as policy section 15.5A. Introducing a new policy section 15.56. Renumbering. existing policy section 15.4 as new policy section 15.5C, as follows: • Deleting existing section 15.5, as follows: "15.5 When eensidering appheatiorts to amend this Plan, in addition to other &Velepment review reqttirements, City Couneil shall consider the overall benefit to the eammunity of the proposal; (a). require all v~~ be aeeornpartied proposal against the . relevant , goals, objectives, and general purpose and- intent of this Plan, and (b) diseourage amendments that are eontrary to the, objeetiyes, and' generM " purpose and intent of this • Adding the following new policy section 15.5A: "15.5A City Council shall require the follow-in~ materials and studies prepared by qualified experts as scoped'or expanded as a result of the pre-submission consultation required b~ section 15.2, to be submitted at the time of . application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, and draft plan of condominium approval: (i) a planning rationale report which considers the overall benefit to the community and evaluates the proposal against the relevant goals, objectives, 4 Amendment 17 to the Pickering Official Plan policies and general purpose and intent of this Plan, the Regional Official Plan, the Provincial Policv Statement, the Growth Plan for the Greater Golden _ Horseshoe, the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan, where applicable; (ii) a transportation study; (iii) a shadow study; (iv) a grind study; (v) a statement of compliance with heritage conservation designation or conservation district policies; vi) an archaeology assessment; (vii) a functional servicing study addressing municipal water and wastewater servicing. For smaller site-specific applications, a site servicing study may be required in lieu of a functional servicing study, (viii) a drainage and stormwater management study, including preliminary grading; (ix) a flood plain impact engineering stud as referred to in subsection 15.31(0; U an agricultural report as referred to in section 15.6; (xi) a site suitability study as referred to in section 15.7; (xii) an environmental report as referred to in section 15.8; (xiii) a natural heritage evaluation as referred to in subsection 15.9; (xiv) a hydrological evaluation as referred to in subsection 15.9; (xv) a hdro_geology and water budget study; .(xvi) a watershed/subwatershed study for major development as determined.on a _ case by case basis; . (xvii) an impact study on potential aggregate extraction as referred to in subsection 10.8(b); (xviii) an aggregate extraction assessment study as referred to in subsection 10.8(b) and sections 15.33 and 15.35; (xix) an assessment of lands within 500 metres of a Known Waste Disposal Site as referred to in section 15.12A• (xx) a Phase I environmental site assessment, and a Phase if environmental site assessment and a Record of Site Condition if the Phase I environmental site assessment shows potential for contamination as referred to in section 15.12B; 5 ' Amendment 17 to the Pickering Official Plan (xxi) a contamination management plan for development in high acquifer vulnerable areas; (xxii) a containment management plan for development in proximity to a wellhead protection area (xxiii a waste disposal communi impact study as referred to in section 1536; (xxiv) a noise study as referred to in subsection 15.13(a); ~xxv) a vibration study as referred to in subsection 15.13(c); .(xxvi)_ a dust and/or odour study as referred to in subsection 15.13(b); (xxvii) a lighting study as referred to in section 15.13; (xxviii) a retail impact study as referred to in . section 15.14; (xxix) a sustainable development report; . (xxx) a rental housing conversion study for the conversion of rental units to condominium tenure; (xxxi) an urban design brief which indicates how relevant development and/or urban design guidelines and related'policies of this Plan are proposed to be implemented; (xxxii) a financial impact study; (xxxiii) an architectural design study; and (xxxiv) a railway corridor safety study." • Adding the new policy section 15.5B, as follows: "15.5B City Council shallrequire the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation provided for b) section 15.2, to be submitted at the time of application for site plan approval.: (i) a transportation study- (ii) a shadow study;. (iii) a wind study; (iv) a statement of compliance with heritage conservation designation or conservation district policies, (vv) an archaeology assessment; (vi) a site servicing study addressing municipal water and wastewater servicing (vii) a drainage and stormwater management study, including preliminary gradipZ 6 Amendment 17 to the Pickering Official Plan (viii) a tloodplain impact engineering study as referred to in subsection 15.31(8; (ix) a grading plan; W a landscape plan; (xi) an agricultural report as referred to in section 15.6; (xii) a site. suitability study as referred to in section 15.7; (xiii)• an environmental report as referred to in Section 15.8; (xiv a report demonstrating compliance with the Oak Ridges Moraine Conservation Plan; (xv) an assessment of lands within . 500 metres of a Known Waste Disposal Site as referred to in section 15.12A; (xvi) a Phase I environmental site assessment and a Phase II environmental site assessment and a Record of Site Condition if the Phase I environmental site assessment shows potential for contamination as referred to in section 15.12B• (xNji) a waste disposal community impact study as referred to in subsection 15.36; (-viii) a noise study as referred to in section 15.13(a); (xix) a vibration study as referred to in section 15.13(c); (xx) a dust and/or odour study as referred to in section 15.13(b); (xxi) a lighting study as referred to in section 15.13 (xxii) a sustainable development report; (xxiii) an urban design brief which indicates how relevant development and/or urban design guidelines and related policies of this Plan are proposed to be implemented; (xxiv) an architectural design study; (xxv) a construction management plan; and (xxvi) a railway corridor safety study." • Amending former policy section 15.4 as policy section 15.5C, as follows- "15.5C City Council, in considering any supporting report or management plan, &ty-42-o l shall consult with the relevant conservation authority, provincial ministry, regional department, and other relevant group or agency on the appropriateness and approval of the report or plan." 7 Amendment 17 to the Pickering Official. Plan 5. Deleting existing policy section 15.6, in its entirety, and replacing with the following new, policy section 15.6 as follows. • Deleting existing policy section 15.6 as follows: "15.6 in fteeerdanee with -Qp--P*iF-; n Q_ -2.26 and 2.30 of this 'I may permit eertaitt settlements, and may designate ne settlements, by amendment to this Platt; vAe appheable development re"e~v requirements, inelud-ing--the My- seetion 15.5, (a) settlement, use or (t) will net signifieantly adversely affeet the amount or quehty-ef 'rieultural land-, (ii) Distanee Separation Formulae as amended frent time to time-, and- (iii) eannet be ",d"_ted'o less rural settlement, or in the uiban area; and (b) ts of seetion .15.9 demonstrating to the City's satisfiteden tha the proposed use or settleme" groundwater; (ii) is energy effleient and emimnmentally i terms of its form, water usage and sewage disResal." • Adding a new policy section 15.6, as follows: "15.6 When considering applications for non- agdcultural uses on lands designated Agricultural Areas, Open Space System or Oak Ridges Moraine Countryside Areas by this Plan, City Council shall require an Agricultural Report prepared by a qualified expert. The Agricultural Report shall demonstrate, to the City's satisfaction, that: 8 Amendment 17 to the Pickering Official Plan (a) (i) the proposal complies with the minimum distance separation policy; (ii) the proposal minimizes impacts on surrounding agricultural operations and lands to the extent feasible (iii) the proposal requires additional lands to be designated to accommodate the proposed use; (iv) the proposal is not located on lands which comprise specialty crop areas; (v) there are no reasonable alternatives to accommodate the proposal which avoid agricultural areas; and (vi) there are no reasonable alternative locations to accommodate the proposal in agricultural areas with lower priority agricultural lands; and (b) for proposal respecting livestock facilities, that the proposal complies with Minimum Distance Separation Formula as addressed in policy 15.39 of this Plan." 6. Amending policy section 15.7, as follows: "15.7 in aeeardaftee with seetions 2.32 and . this Plan, P` fnity Perfm +o- the hamlets of , Kinsale and Balsam -without afnendment. to the , Council shall require, in addition to any other applieable development re-Aew requirements, all dernor~strating to the satisfaetion.of the City in. consultation v~rith other relevant agenetes, that, When considering applications for non- agricultural uses in the Rural Area, City Council shall require a site suitability study prepared by qualified experts. The site suitability study shall demonstrate to the satisfaction of the City, in consultation with other relevant agencies, that: (a) the development will have an adequate supply of potable water and soil conditions are satisfactory for the effective operation of a private waste sewage system on each proposed lot; and (b) there will not be any adverse impacts on the supply of water or the soil and. groundwater conditions of adjacent properties." 7. Renumbering existing policy section 15.9 as section 15.8 (a) and amending new policy section 15.8 (a) as follows. 15.8 City Council, 9 I Amendment 17 to the Pickering Official Plan (a) using Appendix II to this Plan as a guide, City Cetine-H shall for major development, and may for minor development, as determined through a pre-submission consultation in Section 15.2, require the submission and approval of an Environmental Report as part of the consideration of a development application or a public infrastructure project; and," 8. Renumbering policy section 15.8 as section 15.8 (b) and amending as follows: despite the seeti- 1-9, City Cou Guidelines in Appendix 11, may, through the pre-submission consultation. in Section 15 require the submission and approval of an Environmental Report as part of its consideration of any other . development application or. public infrastructure project. 9. Adding new policy section 15.9, as follows: "15.9 City Council, for development or site alteration within 120 metres of a key hydrologic feature or within 120 metres of a key natural heritage feature located within the Natural Heritage System of the Greenbelt Plan, shall require a natural heritage evaluation and hydrological evaluation to be prepared by qualified experts.- For development adjacent to a key natural heritage feature located outside of the Natural Heritage System but within the Protected Countryside of the Greenbelt Plan, the policies of section 15.8 (a) shall apply." 10. Amending policy section 15.10 as follows: 15.10 Despite Section X9;15.8 a agricultural uses including the construction of farm related buildings are exempted from the requirements of sections 15.8 (b) and 15.9, except for uses adjacent to Known Waste Disposal Sites, and subject to the policies of sections 15.8 (b) and 15.12A." 11. Amending line ,3 of the first paragraph of policy section 15.11 to remove reference. to policy section 15.9, as follows: 15.11 City Council shall require that the Environmental Report submitted in accordance with sections 15.8 and 15. include at least the following, 10 Amendment 17 to the Pickering Official Plan 12. Renumbering subsection (i) of policy 15.11 as new policy section 15.12A, amending policy section 15.12A, as follows: {i) 15.12A City Council shall require, for lands on or within 500 metres of a Known Waste Disposal Site, Gry Couneil shall require an the assessment should of risks from landfill gases and leachate, to the satisfaction of the City, that: "a) he is carried out by a qualified engineer; Oi}(b) examines the potential affects of the waste disposal site on the proposed development; and Oii- (c) makes recommendations on the construction and phasing of development to ensure the implementation of the Report's recommendations including monitoring • for lands on or within 500 metres of a Known Waste Disposal Site. 13. Renumbering policy section 15.12 as section 15.126, and amending as follows: «1542 15.1213 On lands suspected of being contaminated (for example: sites where filling has occurred; lands used for industrial, transportation or utility purposes; certain commercial properties such as gas stations, auto repair garages and dry cleaning plants), City Council shall, (a) require the proponents of development to complete prior to any approvals for the site fetal audi a Phase I environmental site assessment, and a Phase II environmental site assessment and a Record of Site Condition if the Phase I environmental site assessment shows potential for contamination, in accordance with provincial guidelines and legislation as may be amended from time to time, to identify any on-site contamination, and following completion of the audit assessment, should contamination be found, require the restoration of the site to a condition suitable for the intended uses, before permitting the establishment of the uses; and 11 I • Amendment 17 to the Pickering Official Plan (b) prohibit residential uses on lands previously used for automobile repairs, for service stations, for fuel storage, or for the disposal of construction waste or debris unless the site is first restored in accordance with provincial guidelines and legislation as may be amended from time to time. 14. Amending policy section 15.13 as follows: 15.13 On lands affeet~d b For applications with impacts from noise, vibration, dust, fight spillage and~or odours, or which may raise safety concerns, City Council, (a) shall require 'a the proponent `sensitive land use to complete a an . appropriate study, prepared by a -qualified expert as specified in subsections a), b) and c) below to the satisfaction of the City in consultation with relevant agencies, if the proposed development is within 300 metres of railroad right , and as follows: f a~ on lands affected by noise, for proposals for new sensitive land uses within 300 metres of a railway right-of-way or adjacent to an arterial road, and for proposals for new land uses (including, but not limited to, commercial and industrial uses) that may introduce new sources of noise adjacent to sensitive land uses, City Council shall require the proponent to complete a noise study, and, (i) shall require appropriate measures to mitigate any adverse effects from the noise identified by. the study, and (ii) shall only permit development if attenuation measures satisfactory to the City are undertaken to prevent or mitigate adverse impacts, which. measures may include, but not be limited to berming, fencing and the imposition of building setbacks to be undertaken as a condition of approval. where, (e) shall require the proponent a development to eamplete aft appre. noise, -Abratieft5' dust or odettr analysis with rele s, , -Abram, dust a-odeur levels aee 1 to be unaeeeptable. 12 Amendment 17 to the Pickering Official Plan i for proposals for new sensitive land uses in proximity to sources of dust light §pillage, and/or odours, and for proposals for new land uses that may introduce or increase existing light spillage, dust or odours, City Council shall require the proponent to complete an appropriate dust, light, and/or odour analysis, and (i) shall require appropriate measures to mitigate any adverse effects from the dust, light, and/or odours identified by the studv, and (ii) shall only permit development if attenuation measures satisfactory to the City, are undertaken to prevent or mitigate adverse impacts, which measures may include, but are not limited to: buffering or imposition of separation distances between the respective land uses to be undertaken • as a condition of approval. (c) shall require the proponent of My, prepared to the satiskene if the proposed' develepme for proposals that would introduce new sensitive uses on lands within 75 metres of a railway right-of-way, *nd City Council shall require the proponent of development to complete, (i) a vibration impact study, and shall require appropriate measures to mitigate any adverse effects from the vibration identified by the study; and (ii) a railway corridor safety study and shall require that all proposed development adjacent to railways provides appropriate health and safety measures such as setbacks, berms and security fencing to the satisfaction of the City, in consultation with the appropriate rail)yay. 15. Revising policy section 15.14 as follows: 15.14 Outside of the Downtown Core, City Council, in the review of development proposals for new or expanded gross leasable floor space for the retailing of goods and services, shall for the development of 2,500 square metres or greater of floor space, and 13 j Amendment 17 to the Pickering Official Plan ( may for the development of less than 2,500 square metres of floor space, as determined through a pre-submission consultation in Section 15.2 f i3 require a retail impact study, f?) to justify the proposed floor space for the retailing of , goods and services, and ii to demonstrate that such additional floor space will not unduly affect the viability of any lands designated or developed for the retailing of goods and services. Chapter Ten Resource Management 16. Amending policy section 10.22 as follows: "10.22 City Council recognizes that people's-normal use and enjoyment of property may be affected by unacceptable levels of noise, vibration, dust, and/o fight spillage, odours or safe1y concerns in proximity to railway lines; accordingly, Council shall require proponents of ' affected developments to adequately address noise, vibration, dust, and/o light, odours or safety concerns, and where necessary, to incorporate into such developments, appropriate mitigation measures as may be specified in a required analysis (see section 15.13)." IMPLEMENTATION: The provisions set forth in the Pickering Official Plan, as amended, regarding the implementation of the Plan, shall apply to this Amendment: Numerous section number cross references will be required with , the next consolidation of the Plan. INTERPRETATION:. The provisions set forth in the Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 14