April 2017 Community Planning Permits Technical Report Town of Ajax Consultant Team Gladki Planning Associates
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Contents 1. Introduction 1 1.1 Why is the Town Looking at a Community Planning Permit System? 1 1.2 Structure of This Report 2 2. What is the Community Planning Permit System? 3 2.1 Steps to Implementing a Community Planning Permit System 7 2.1.1 Develop Official Plan Policies 7 2.1.2 Select an Area and Undertake a Visioning Exercise 7 2.1.3 Prepare a Community Planning Permit By-law 8 2.1.4 Consultation 10 2.1.5 Application Review, Approval and Notice Processes 10 2.1.6 Appeals to the Implementation of a Community Planning Permit System and Amendments to a Community Planning Permit By-law or Official Plan Policies 11 2.1.7 Administrative Processes 11 3. Use of the Community Planning Permit System in Other Municipalities 12 3.1 Lake of Bays 12 3.2 Carleton Place 13 3.3 Gananoque 14 3.4 Brampton 14 4. Approach to the Community Planning Permit System for Ajax 17 4.1 Benefits of Using the Community Planning Permit System 17 4.2 Approach to the Community Planning Permit System in Ajax 18 5. Draft Official Plan Policies 20 6. Conclusion 33 7. We Want to Hear From You 34 Appendix: Draft Official Plan Amendment 35
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1. Introduction The Community Planning Permit (CPP) system, formerly referred to as the Development Permit System, is a promising planning tool that offers improved certainty in the development approvals process. It provides for an alternative integrated approach to the existing development approval system, which often results in ad hoc approvals for applications of minor variances, zoning by-law amendments or site plans. The CPP system has the potential to streamline the planning application process by collapsing approval procedures from several steps (zoning by-law amendment, site plan or site plan amendment, and minor variances) into a single step. 1.1 Why is the Town Looking at a Community Planning Permit System? Town of Ajax Official Plan policy 7.1.10 that states the Town may implement the Official Plan, in part or in whole, through the use of a Development Permit regime. In addition, the Town s Economic Development and Tourism Strategy proposes that the Town explore the use of the Development Permit System as part of ongoing efforts to ensure an effective and efficient approvals process. Ajax is well situated to explore utilizing the CPP system because the Official Plan has a clearly defined urban structure and growth policies, the Town has demonstrated a progressive planning approach towards meeting growth and economic development priorities and objectives, and the Town has demonstrated experience in streamlined application review through programs like PriorityPath certified sites and through concurrent review of planning and building applications. A review of the Town s current approach to development approvals, assessment of the Provincial Community Planning Permit Regulation (Ontario Regulation 173/16), as well as the approaches taken by other Ontario municipalities who have implemented CPP policies and by-laws was undertaken and presented to the Town s Community Affairs and Planning Committee over two meetings in March and May of 2016. On May 16, 2016, Council endorsed the consideration of establishing a CPP system through the development of enabling Official Plan policies and public/stakeholder consultation. This phase of examining the CPP System will only address the establishment of Official Plan policies to enable the future identification of areas within the Town that would be subject to the CPP system and enable the future development of CPP by-laws for those areas. The identification of specific areas that could be subject to the CPP system and the development of CPP by-laws for those specific areas will be undertaken separately in future studies. Section 7 of this Technical Report outlines how you can get involved in the development of Official Plan policies that will enable the establishment of a CPP System in Ajax. Town of Ajax - Technical Report 1
1.2 Structure of This Report Section 2 provides an overview of the establishment and implementation of the CPP system and outlines the steps involved for municipalities to implement a CPP system. Section 3 reviews approaches taken by municipalities that have implemented CPP official plan policies and by-laws. Based on the review of Ontario Regulation 173/16 and the approaches taken in other municipalities, Section 4 provides a strategic approach for Ajax. Section 5 presents a draft of the CPP Official Plan policies with explanatory notes. The report concludes with recommended next steps in Section 6 and information on how to get involved in the process in Section 7. 2 Community Planning Permit System
2. What is the Community Planning Permit System? The Community Planning Permit (CPP) system, originally referred to as the Development Permit System, was initially introduced in Ontario as a pilot project in 2001 with five Ontario municipalities given the authority to study and enact a CPP system. Hamilton (downtown), Lake of Bays (environmental protection), Oakville (industrial), Toronto (central waterfront) and Waterloo (ground water protection) examined specific issues within their communities to determine if CPP policies, and accompanying bylaws, could prove a useful alternative for implementing the objectives. From these experiences, the Province revised the initial pilot project regulation and as of January 1, 2007, the CPP system was made available to all municipalities in Ontario through Ontario Regulation 608/06. To date, only four municipalities have implemented CPP by-laws. Lake of Bays was the first municipality to enact CPP policies and a by-law and did so under the 2001 pilot project regulation. Under revised Ontario Regulation 608/06, Carleton Place and Gananoque adopted CPP official plan policies and Town-wide CPP by-laws, and Brampton enacted CPP official plan policies and a CPP by-law for a part of their downtown area. Toronto has approved an official plan amendment that allows a CPP anywhere in the city. Innisfill and Niagara-on-the-Lake are also currently exploring the use of a CPP system. In 2016, the Province made further amendments to the Regulation by changing the name from the Development Permit System to the Community Planning Permit System and replaced Ontario Regulation 608/06 with Ontario Regulation 173/16. The CPP system is an alternative to zoning for regulating development on an area specific basis. However, it differs from zoning because it can allow for discretionary uses, conditional approvals, variations to standard requirements, control of exterior design elements, and restrictions on removal of vegetation. The CPP system has the potential to streamline the planning application process by collapsing approval procedures from several steps and types of applications (zoning, minor variance, site plan) into a single Community Planning Permit application. It can also incorporate design criteria typically addressed in urban design guidelines. Table 1 provides a snapshot that compares the processes and elements addressed by zoning, minor variance, site plan control and urban design guidelines versus the CPP system. The CPP system is premised on establishing a shared vision from the outset for a designated area based on studies, conceptual plans and extensive input from stakeholders. The shared vision is codified in a CPP by-law which provides a degree of flexibility for achieving the vision provided that development criteria and conditions are met to ensure that the proposed uses and built form are appropriate for the site and surrounding context. A CPP by-law can also replace a Site Alteration by-law and Tree Cutting by-law within the boundaries of the municipality. The flexibility of the CPP system can provide a degree of discretion to review development proposals and provide approvals without further amendments to the CPP by-law. Town of Ajax - Technical Report 3
Table 1: Current Planning System Versus the CPP System Current Planning System CPP System Zoning Legal tool to regulate land use and the intensity of development. Establishes permitted uses and development standards on a property. Legal tool to regulate land use and the intensity of development. Similar to zoning in that it establishes permitted uses and development standards on a property. Minor Variance Legal tool that allows minor changes from specific provisions of the zoning bylaw, such as building height or maximum lot coverage, or permits a minor change to the use of the property. Incorporates the variance process by establishing discretionary uses and variations to development standards (subject to meeting criteria) to allow a degree of flexibility in the type and form of development on a property to meet particular site specific conditions while still achieving the vision for development in the area. The by-law would incorporate the range and extent of the variances that can be considered to address site conditions as part of development approval. Site Plan Control Tool used to shape development through the review of design features to address issues such as landscaping, building elevations, site access and servicing, waste storage, pedestrian circulation, parking, and loading. Design elements subject to Site Plan Control are not subject to the same regulatory provisions of zoning and are usually negotiated with the applicant. Incorporates site plan control matters (landscaping, building elevations, site access and servicing, waste storage, pedestrian circulation, parking, loading, etc.) and urban design guidelines under one process. Provides more regulatory powers by giving site plan control the same level of legal enforceability as zoning. 4 Community Planning Permit System
Current Planning System CPP System Tool used to enhance the quality of development within a particular area by outlining specific design criteria that could, for instance, be related to the design of streets, parks, open spaces, landscaping, or the look and performance of buildings. Urban Design Guidelines can be incorporated into a CPP by-law giving the guidelines the strength of law while ensuring adherence to the purpose and intent of the by-law requirements. Urban Design Guidelines Urban design guidelines are typically implemented in conjunction with a site plan application. Even though guidelines are Council adopted documents, they do not have the legal enforceability that zoning bylaws possess. Planning Act Application Review Timeframes Zoning: 120 days Minor Variance: 30 days Site Plan: 30 days Community Planning Permit: 45 days Town of Ajax - Technical Report 5
Current Planning System CPP System Amendments to a zoning by-law can be made at any time to request a change to the permitted uses or development standards to accommodate a type of land use or size/configuration of building that is not currently permitted but that could be appropriate. Amendments to a CPP by-law are not permitted within the first 5 years of the by-law coming into effect. This affords some time to have development that reflects the planned vision in a CPP area realized. However, within the first 5 years, municipalities can initiate their own amendments or pass a resolution to allow a privately-initiated amendment application. Amendments An application to amend a zoning by-law would be open to public consultation and appeal by a third party. A decision of whether to approve an application to amend a zoning by-law would be made by Council. Applications to amend a CPP by-law will only be considered in a comprehensive manner within the overall context of the planned vision for the area to determine whether the vision should remain intact or be changed. Flexibility in applying CPP development standards should reduce the need for many amendments while providing a level of certainty regarding permissions and criteria. An application to amend a CPP by-law would be open to public consultation and appeal by a third party. A decision of whether to approve an application to amend a CPP By-law would be made by Council. 6 Community Planning Permit System
2.1 Steps to Implementing a Community Planning Permit System 2.1.1 Develop Official Plan Policies The first step, which is the subject of this Report, is to develop official plan policies. Enabling official plan policies are required by the Planning Act for Ontario municipalities to implement a CPP system, much in the same way official plan policies are needed to implement other sections of the Planning Act such as Site Plan Control and Community Improvement Plans. These required official plan policies represent a significant step in establishing a CPP framework, which distinguishes it from zoning where there is no requirement for such policies. Under Ontario Regulation 173/16, municipal councils must adopt a number of official plan policies prior to passing a CPP by-law. These policy requirements include: A statement of the municipality s goals, objectives and policies in proposing a community planning permit system; Setting out the type of criteria that may be included in a community planning permit by-law for determining whether any class of development or any use of land may be permitted by a community planning permit; Setting out the types of conditions that may be included in the community planning permit by-law; Identifying the area that may be proposed as a community planning permit area; and Setting out the scope of the authority that may be delegated (to a Committee or staff) and any limitations on the delegation. In addition to these required policy statements, the Regulation allows for optional policy statements related to the effective implementation of the CPP system. These include: Setting out the information and material required as part of a complete application; Exempting any particular class of development (e.g. single detached dwellings) from some or all of the requirements of a complete application; and Policies requiring that, as a condition of approval, the provision of specified facilities, services or matters (public benefits) are provided in exchange for attaining a specific height or density. Draft Official Plan policies, with commentary, to establish a CPP system in Ajax are provided in Section 5 of this Report. 2.1.2 Select an Area and Undertake a Visioning Exercise Having CPP official plan policies in effect provides the Town with the ability to study a specific area to determine whether implementing a CPP by-law in that area would be appropriate. If it is determined through a comprehensive land use and urban design study that an area would benefit from being Town of Ajax - Technical Report 7
subject to a CPP by-law, as part of that study the Town would undertake a visioning exercise and prepare supporting studies and reports. The visioning exercise is intended to create a shared, long-term vision and preferred future for the CPP area based on guiding official plan policies. Depending on the CPP area chosen, the vision may focus on matters including, but not limited to achieving integrated, mixed-use development, heritage conservation, or employment development. A vision for the CPP area, developed through public consultation, would be the basis for a plan that would translate the types of desired land uses and preferred form of future development into CPP by-law provisions. Goals and objectives that would outline how the vision is to be implemented would be supported by a series of background studies and reports. Depending on the area and its vision, the types of background studies and reports that may be undertaken include, but are not limited to: Urban Design/Built Form Guideline Study Sun/Shadow Study Public Realm Study Architectural Control Guideline Study Heritage Impact/Conservation Strategy Phase 1 Archaeological Assessment Community Services and Facilities Study Housing Study - range of housing requirements Environmental Impact Service Capacity Review Stormwater Management Study Transportation/Traffic Parking Study District-based Energy Study A visioning exercise and preparation of the various studies and reports for an area would entail extensive consultation with a range of stakeholders that includes, but is not limited to, residents, landowners, the development community and various municipal departments. 2.1.3 Prepare a Community Planning Permit By-law Establishing a vision for an area provides the framework needed to develop a CPP by-law that would provide detailed regulations for how development is to happen in an area. A CPP by-law is similar to a zoning by-law in that it would outline what types of uses and related development standards are permitted, but a CPP by-law can also include design criteria and guidelines that are not normally included in a traditional zoning by-law. These design guidelines can provide the framework for establishing the range within which variations to development standards could be considered. A CPP by-law would include provisions that address the following, some of which are familiar elements of a zoning by-law: Description of the geogrpahic area to which the By-law applies; 8 Community Planning Permit System
Permitted uses 1 ; Discretionary uses 2 ; Minimum and maximum development standards for height, setbacks to property lines, lot coverage, etc.; Variations from the development standards 3 ; Design criteria used for evaluating discretionary uses and variations from the minimum development standards 3 ; List of conditions of approval 4 ; and Formula for determining whether community benefits are to be provided. The level of effort and steps involved in preparing a CPP by-law will vary depending on the complexity and intensification of development, as well as the type and amount of background studies and work that may have already been undertaken for an area. A CPP by-law is also required to include administrative and general provisions such as: Internal review procedures regarding the review of Community Planning Permit applications; How notice of a decision on a Community Planning Permit application will be given to the applicant and each person or public body that requested to be informed of the decision; How a CPP by-law may be amended (CPP By-law Amendment application); How a Community Planning Permit agreement may be amended; If Council delegates the authority to issue a decision on a Community Planning Permit application, the scope of the authority and any limitations on the delegation; and Statement regarding the exemption of portable classrooms. 1 Similar to a zoning by-law, permitted uses in a CPP by-law are permitted as-of-right, subject to meeting the other provisions of the CPP by-law, such as parking. 2 Discretionary uses are uses that may be permitted if the criteria outlined in the CPP by-law are met. Discretionary uses often require the provision of further information to determine the potential impact of the use and its appropriateness in a given area. For example, a mixed-use zone may list a motor vehicle service station as a discretionary use subject to the submission of technical reports that address noise, odour and other criteria related to land use compatibility. 3 Allowing for variations to development standards such as minimum and maximum building heights incorporates the Minor Variance process into the CPP system. Possible variations could be expressed in percentage terms or as an absolute number. For example, for a particular area, the CPP by-law could establish that the minimum height is 9m and the maximum height is 20m, but also allow a variation of 10 percent subject to meeting certain criteria such as ensuring the building maintains a 45 degree angular plane to reduce shadowing on adjacent properties. 4 Conditions that may be imposed on development for the issuance of a Community Planning Permit can be related to, among other matters, meeting specific exterior architectural design (e.g. for a heritage area); the removal or restoration of vegetation; ongoing monitoring requirements considered necessary for the protection of public health and safety or the natural environment; or the provision of specified facilities, services or matters in exchange for density or height increases. Town of Ajax - Technical Report 9
A CPP by-law may also include the following administrative and general matters: Statement that development is prohibited unless a community planning permit is obtained; List of classes of development, including a definition/explanation for each class of development; these can be related to a level of approval authority (e.g. Director of Planning and Development Services versus Council) and/or to the complexity of a community planning permit application (e.g. small building addition versus development of new building or block), and/or the type of application (e.g. residential versus mixed use or employment); and List of exempt classes of development or uses of land (e.g. development of a detached dwelling may be exempt from requiring a Community Planning Permit). 2.1.4 Consultation The CPP is a front-ended system where the vision for an area is developed through detailed studies, conceptual plans, and extensive public and agency consultation in order to establish a joint vision and specific development standards for how an area is to develop or redevelop. Each stage in the development of a CPP system requires general and targeted consultation with residents, businesses, landowners, developers, builders, utilities, government agencies and all other stakeholders. The Planning Act outlines the following as minimum consultation requirements: Official Plan Amendment: The municipality is required to hold one public open house and one statutory public meeting. Visioning Exercise and CPP By-law: The municipality is required to hold one public open house and one statutory public meeting. A municipality may wish to go beyond these minimum requirements in the Planning Act by holding additional open houses, public meetings and workshops. For example, Carleton Place, discussed in Section 3.2 of this Report, undertook an extensive public consultation process that resulted in 18 public events (meetings and workshops). 2.1.5 Application Review, Approval and Notice Processes The CPP system front ends the land use compatibility, urban design and consultation process for an area in order to provide a streamlined application review and approval process. Once a CPP by-law is in effect, similar to other planning applications, the submission of a Community Planning Permit application is circulated and reviewed by municipal departments and external agencies. Since a vision is established and extensive consultation happens during the initial development of a CPP by-law, if the application fits within the limits of that vision, as stipulated by the CPP by-law, there is no requirement for public notice, public meeting or public consultation process in the review of a Community Planning Permit application. The application is reviewed, a decision is made by Council, or staff if approval is delegated, and a notice of decision is issued to the applicant and any registered person or public body. 10 Community Planning Permit System
However, a municipality may wish to establish a process where notice for all or select application types is circulated to adjacent landowners and posted in a local newspaper; such a notice would need to be clear that third party appeals to an application, as noted in Section 2.1.6 of this Report, are not permitted. The CPP approval process allows for discretion in how it is administered. For example, Carleton Place and Gananoque, discussed in Sections 3.2 and 3.3 of this Report, established classes of approval based on the complexity of an application; approval for straight forward applications (e.g. where development meets the permitted uses and development standards) is delegated to staff, and approval of more complex applications (e.g. where technical studies or reports are required and/or where discretionary uses and variations to development standards are being sought) is delegated to Council. Brampton, discussed in Section 3.4 of this Report, delegated approval authority for their Main Street North CPP area to staff. A municipality can also establish a process where certain applications, which have staff delegated approval authority, are referred back to Council for approval. The establishment of an appropriate application review, notice and approval processes for a CPP area will be undertaken as part of the development of a CPP by-law. 2.1.6 Appeals to the Implementation of a Community Planning Permit System and Amendments to a Community Planning Permit By-law or Official Plan Policies The CPP system provides upfront appeal rights and procedures. Official plan policies and by-laws to implement a CPP system can be appealed to the Ontario Municipal Board by anyone at the time they are adopted by Council. Once a CPP by-law is in effect, a decision on a Community Planning Permit application cannot be appealed by a third party; only the applicant can appeal a municipality s decision or non-decision of a Community Planning Permit application. In situations where a proposed development does not fit within the limits of a CPP by-law, a proponent would be required to submit a Community Planning Permit By-law Amendment application. This type of application would be open to public consultation and appeal by a third party. However, Ontario Regulation 173/16 stipulates that a proponent cannot apply to amend a Community Planning Permit by-law or official plan policies within the first 5-years of the by-law or official plan policies coming into effect. Even though privately-initiated amendments are not permitted within the first 5-years, a municipality can initiate its own amendment to a CPP by-law or official plan policies within this time frame. Additionally, municipalities have the authority to pass a resolution to allow a privately-initiated application during the 5-year period. 2.1.7 Administrative Processes Implementation of a CPP system will also require the development of new administrative procedures and documents, including work instructions, application form(s), a fee structure, and development agreements. The establishment of administrative processes will be undertaken as part of the development of a CPP by-law. Town of Ajax - Technical Report 11
3. Use of the Community Planning Permit System in Other Municipalities This section of the report compares Community Planning Permit official plan policies and by-law provisions in Ontario municipalities to identify best practices. Comparing official plan policies and by-law standards is challenging since the policies and certainly the development standards generally reflect local conditions. However, there are requirements in Ontario Regulation 173/16 for Official Plan policies and CPP by-laws that can be used as a template for comparing the different municipal approaches to enacting a CPP system. What follows is a summary of the key features of the official plan policies and the CPP by-laws for Lake of Bays, Carleton Place, Gananoque and Brampton. 3.1 Lake of Bays The Township of Lake of Bays is located in the Muskoka region of Ontario. It has a permanent population of 3,500 and a seasonal population of 18,000. The CPP system in Lake of Bays is rather unique in that it was enacted under the original 2001 Regulation that applied to only the 5 pilot areas. No other municipality, as part of the pilot exercise, went forward with a CPP policy and By-law. As a result, the Lake of Bays Official Plan policies and CPP By-law are somewhat different in approach as compared to the other municipalities. The CPP By-law was enacted in 2004. The Official Plan states that the entire Township may be a potential CPP area, but it then identifies only the Waterfront area as where the CPP approach may be applied at this time. The Official Plan allows for delegation of development permit approvals but the extent to which it may occur is left to the CPP Bylaw to determine. A single policy describes the objective of the CPP as preservation of the waterfront character including ecological and social values. There is a policy that allows for discretionary uses, subject to being compatible with surrounding land uses, and variations to development standards, subject to meeting the design principles found in the Official Plan. There is no mention of the types of conditions to be imposed. Another policy allows each individual CPP By-law to determine which types of development may be exempted. The CPP By-law includes eight land use districts (e.g. zones) with each listing the permitted uses and development standards that apply to each of the building types, much like a Zoning By-law. Discretionary uses are permitted in some zones but are subject to meeting the design criteria found in an attached schedule. Variations or variances to development standards are permitted but governed in two ways. In each land use district, each standard lists the percentage variation permitted by staff and by Council, with the latter usually being a larger amount. In addition, an attached schedule includes a listing of criteria that will be used to decide whether to grant the variation. 12 Community Planning Permit System
3.2 Carleton Place The Town of Carleton Place is located west of Ottawa along Highway 7. It has an estimated population of just over 10,000 people. The CPP Official Plan policies and By-law were enacted initially in 2008 and were revised in 2014 following a review of the Official Plan. A policy states that the entire Town shall be the subject of a Community Planning Permit By-law. A single policy allows Council to delegate to staff any approvals under the CPP system with the limits on and criteria for delegation being outlined in the CPP By-law. There is no specific reference to goals but the preamble to the CPP policies suggests that the Town is interested in greater flexibility in reviewing development so as to avoid site-specific amendments. There is a policy listing objectives of the CPP system as: preservation of existing small town character; improvement of the waterfront area; preservation and enhancement of neighbourhoods; promotion of rehabilitation of industrial properties; expansion of green spaces and park facilities and provide for their interconnectivity; increase diversity of arts, culture and recreation; and protect the natural environment. There is no separate policy listing the type of criteria to be used for evaluating development but there is a policy explaining the criteria that are used in determining whether to permit discretionary uses and variations to the development standards. The conditions imposed are the same as those listed for Site Plan Control in the Planning Act. The CPP By-law identifies nine land use districts with permitted uses and development standards. Discretionary uses are permitted in most districts subject to further review. Council may vary the development standards as much as 100% subject to compliance with the Built Form Criteria found in a separate section of the By-law. As a result of the Official Plan objectives that call for the preservation of its small town character, the Built Form Criteria are very detailed and specific as to the design of new development. The Carleton Place CPP By-law creates five classes of development for the purposes of determining the extent of the review process and the requirements of approval. These classes include: a residential development that generally meets the requirements; a non-residential proposal that generally meets the requirements; any development that requires variations from the standards; a development that requires Committee approval; and a development that requires conditional approval. Carlton Place staff reported that when compared to the zoning by-law, the CPP By-law is generally more efficient and effective at helping achieve design considerations. Over the last eight years, a few amendments to the CPP By-law have occurred. A 2016 amendment changed wording and schedules to ensure compliance with the County s Source Water Protection Policies. In 2015, three amendments focused on changes to schedules. An earlier amendment added a definition for stacked townhouse units. Town of Ajax - Technical Report 13
3.3 Gananoque The Town of Gananoque located off Hwy 401 is in the 1,000 Islands area of the Province. Its population in 2011 was 5,194. The Town adopted CPP policies in its Official Plan in 2009 and passed a CPP By-law in 2010. The policies and CPP By-law for Gananoque and Carleton Place are very similar. This section will only touch upon the differences between them. The Gananoque CPP By-law includes three classes of development for the purposes of determining the extent of the review process and the requirements of approval. These classes distinguish development by their complexity and scale as well as approval authority (staff, Committee or Council). The design criteria used to evaluate Community Planning Permit applications are found in each of the twelve land use districts as opposed to in a separate section appended to the By-law as is the case in Carleton Place and Lake of Bays. The design criteria cover a range of site and building specific matters such as: access and parking, landscaping materials, roof lines/slopes, facades, fenestration, building materials, paint colour in heritage significant areas, lighting, storefront design and glazing, fencing, awnings and signs, garbage enclosures, building setbacks, pedestrian walkways and landscaped buffers. The criteria feature illustrations and descriptive language that allow for interpretation of the intent as compared to the more prescriptive language of a zoning by-law. The conditions to be imposed are listed in the CPP By-law and include such things as: Buffering of adjacent properties; Provision of on-site works such as, servicing, road access, grading, fire routes, lighting details, parking facilities and landscape details; Provision of performance securities; Road widenings; Construction of access onto major roads and any upgrading of the roads, if necessary; Easements for access and servicing; Provision of children s play areas; and Cash in lieu of parking. A town-wide CPP By-law made more sense than a combination of zoning and area specific CPP bylaws, given its relatively small size. The Town receives only a handful of Community Planning Permit applications a year and the new process has been generally well received by the public. Some minor amendments have been made to the CPP By-law to clarify procedural issues. 3.4 Brampton Brampton has focused the use of the CPP system to the Main Street North Area of the Downtown, also referred to as the historic downtown. In 2007, a comprehensive urban design study was completed for the Main Street North area. The study incorporated a visioning exercise in which community members 14 Community Planning Permit System
and stakeholders were brought together to help establish a vision for the area. The study examined the character of the built form as well as open spaces and rights-of-ways. The existing character analysis and development policies were used to help create a future vision for the area. The study also examined how to achieve the vision. With a vision document in hand, a study was commissioned to examine the potential of using a CPP to implement the vision. Brampton s CPP Official Plan policies and its CPP By-law were passed by Council in 2012. The two documents were appealed, although these appeals were mainly site specific. A settlement hearing was held in November 2015 and the Ontario Municipal Board approved the CPP Official Plan policies and CPP By-law. Both are now in full force and effect. Although implementation of the CPP system has been focused on the Main Street North area, the Official Plan policies would allow a CPP By-law to be established elsewhere in the City without the need for an amendment. However, this approach does not preclude the need to augment the Official Plan or any Secondary Plan with respect to development policies applying to that area. The city-wide official plan policy objectives include: facilitating desired high-quality development or protection of areas and streamlining of application approval processes in an effort to implement the intent of the Official Plan. In the Central Area, the CPP system is intended to support the City s objectives: to serve as an incentive for development; to shorten review times; to add flexibility to simplify the regulatory environment; and to establish a comprehensive planning policy basis for the future development and protection of lands within the Central Area. In the Official Plan, criteria include such matters as: streetscape and public realm, provision of open space elements, building design, location and use of materials and colours, lot configuration and assembly, parking and access, site design and layout, landscaping, signage and display areas, site servicing and grading, sustainable site and building design elements, and heritage protection and conservation. Within the CPP By-law there is an extensive section on design criteria. Part 6 of the Main Street North chapter is devoted to the Design Guidelines which include: Streetscape Guidelines; Landscape Guidelines; Built Form Guidelines; Heritage Guidelines; Sustainable Design Guidelines; Signage Guidelines; and Engineering Guidelines. Town of Ajax - Technical Report 15
The Official Plan CPP policy includes an extensive list of conditions that may be imposed such as: Entering into a development agreement; Posting of securities; Provision of sustainable design elements; Carrying out improved landscaping elements; Carrying out drainage improvements; Providing cash in lieu of parkland; Use of particular building materials and colours; Satisfying a condition related to site alteration; Requiring the dedication of land for public right of way; Protection, maintenance and enhancement of trees; Monitoring the use of land for the protection of public health and safety; Providing facilities for people with disabilities; Providing easements to allow for shared parking; Facade enhancements that complement and are compatible with existing character; Provision of services or matters in exchange for a specified height or density; and Improve, enhance, restore or provide items which are not explicitly identified in Sections 34, 40, 41 and 42 of the Planning Act. Brampton does not provide any range or limitation on variations to the CPP By-law. Instead, the By-law establishes that any provision may be varied in accordance with five basic criteria. These criteria include the four tests for a variance currently found in the Planning Act: maintaining the general purpose and intent of the Official Plan; maintaining the general purpose and intent of the By-law; must be desirable and appropriate; and must be minor in nature. An additional criterion is that the Development Approval Criteria for the CPP area are achieved. The Brampton Official Plan also includes a policy for requiring the provision of community benefits in exchange for specified height or density increases. The public benefits include: i) the provision of parking for use by the public; ii) the provision of transit infrastructure above standard City requirements in relation to a development permit application; iii) the provision of public art or contribution to a City art program; iv) the dedication of lands to a public authority for active park purposes beyond standard City requirements for dedications or provision of cash-in-lieu; v) preservation and integration of any identified heritage resources beyond standard City requirements; and vi) provision of off-site community improvements to the streetscape, parks and open space and other elements of the public realm. 16 Community Planning Permit System
4. Approach to the Community Planning Permit System for Ajax 4.1 Benefits of Using the Community Planning Permit System Efficient - Eliminates Minor Variances The CPP system is a more efficient process than the current planning system because it not only pre-zones 5 lands to implement the established vision for an area, it also removes the need for minor variances to deal with variations regarding development details. This could translate into better application processing times and a more effective use of planning staff time and resources. Since the Town s Zoning By-law was adopted by Council in July 2003, approximately 800 Minor Variance applications have been approved by the Committee of Adjustment. A CPP by-law can provide flexibility through discretionary uses and variations to development standards, provided the intent of the CPP by-law is maintained, which translates into fewer delays and development being realized sooner. Effective Provides Regulatory Powers for Previously Negotiated Matters The CPP system is a process through which matters such as landscaping, building elevations, site access and servicing, waste storage, pedestrian circulation, parking, loading, etc. (i.e. matters that are typically addressed and negotiated as part of site plan control and refined in urban design guidelines) have the force of regulation. This provides the municipality with greater certainty in achieving the land use and urban design vision for a designated area. It can also help create a sense of place and character based on the community s vision. The CPP system requires extensive public engagement at the beginning of the process to formulate the CPP by-law. Public input is an essential part of developing a community vision. By specifying architectural and urban design requirements, the CPP system facilitates certainty and provides developers, the public and the municipality with clear, quantifiable parameters as to what the development outcomes for an area will be from the outset. Conversely, even if an area is pre-zoned in a zoning by-law, the ultimate architectural and urban design vision for the area is not known at the outset; these matters are negotiated through the site plan process where the ultimate built form and design of a site remains uncertain until the end of the approval process. Public Benefits Expanded Range of Conditions Can Be Achieved Through Development Unlike zoning, the CPP system allows conditions to be placed on approvals. Placing conditions on development approvals is not new, as conditions are regularly placed on approvals of site plan applications. However, the range of conditions that can be placed on a Community Planning Permit approval go beyond what the Planning Act currently permits as part of site plan approval. Additionally, conditions imposed through a Community Planning Permit would provide certainty as opposed to conditions imposed through site plan which are negotiated. 5 The intent of pre-zoning is to eliminate the need for zoning by-law amendments which means that a development would proceed directly to site plan and building permit. However, in many cases under this planning system it s determined that minor variances are needed to accommodate the development design part way through the site plan review process. Town of Ajax - Technical Report 17
Ontario Regulation 173/16 states that any condition imposed must be a type that is permitted in the Official Plan and must be reasonable and related to the appropriate use of land. As such, the Town could reasonably impose conditions on a Community Planning Permit related, but not limited, to the provision of affordable housing or cash-in-lieu, the provision of sustainability elements such as green roofs, or the provision of infrastructure upgrades or cash-in-lieu. 4.2 Approach to the Community Planning Permit System in Ajax The CPP system is an alternative to the zoning system. Where it is applied, it replaces and combines zoning by-law, minor variance and site plan approval application requirements. This means that the CPP system can be applied anywhere in the Town much like zoning. Since the Town s Zoning By-law 95-2003 came into effect, approximately 120 Zoning By-law Amendments stemming from development applications have been passed by Council and, as noted previously, nearly 800 Minor Variance applications have been approved by the Committee of Adjustment. The structure of the CPP system is intended to eliminate zoning by-law amendments and minor variances where a CPP by-law is in effect. In the review of existing CPP by-law areas, Carleton Place and Gananoque applied a CPP by-law to the entire town; but these are small centres with a very consistent form and character that they are protecting. Lake of Bays applied a CPP by-law to their Waterfront area and Brampton applied a CPP By-law to their old historic downtown. Toronto, although not having passed a CPP by-law, intends to apply the CPP system to particular sub areas to implement a community vision. As noted in the Introduction, Ajax is well situated to explore utilizing the CPP system because the Official Plan has a clearly defined urban structure and growth policies; the Town has demonstrated a progressive planning approach towards meeting growth and economic development priorities and objectives; and, the Town has demonstrated experience in streamlined application review through programs like PriorityPath certified sites and through concurrent review of planning and building applications. In Ajax, the form and character of development varies over the landscape. Consequently, CPP bylaws would be appropriate on an area specific basis and best suited for areas where detailed planning visioning has yet to occur such as the Uptown Regional Centre, Midtown Corridor, or GO Transit Station Mixed Use Area, Prestige Employment area or General Employment area. In fact, it is the Town s intention to initiate land use and urban design studies for the Go Transit Station Mixed Use Area/Central Ajax Employment Area, Midtown Corridor and Uptown Regional Centre that will examine whether it would be beneficial to implement a CPP system. The implementing Official Plan policies should be broad enough to allow for CPP by-laws to be passed anywhere in the Town separately without having to amend the CPP policies in the Official Plan. This was the approach taken by all the municipalities reviewed. This approach does not preclude the Town from introducing area specific Official Plan policies to complement and tailor the use of the CPP system in a given area which was the approach taken by Brampton. 18 Community Planning Permit System
The components that need to be addressed in a CPP by-law, if and when the Town decides to proceed with such a by-law for a particular area or areas, are outlined in sections 2.1.2, 2.1.3 and 2.1.4 of this Report. The Town has two options for formulating a CPP by-law. It can either prepare one comprehensive CPP by-law that has common administrative and general provisions (e.g. parking, accessory structures, definitions, etc.) and individual sections for specific geographic areas which would address specific permitted uses and development standards for each area. Alternatively, the Town could pass separate by-laws for each CPP area with the common administrative and general provisions repeated in each by-law. Town of Ajax - Technical Report 19
5. Draft Official Plan Policies The provisions in Ontario Regulation 173/16, outlined in Section 2 of this Report, have informed the formulation of the draft Official Plan policies provided within the text boxes below. The paragraphs preceding the text boxes provide an explanation for each policy section. Appendix 1 to this Report provides the policies in their entirety as a Draft Official Plan Amendment. Policy 7.1.10 - Community Planning Permit System and Community Planning Permits This introductory policy provides a description of the CPP system by comparing it to the current zoning by-law and site plan control systems of regulation. The community planning permit system is a planning approval process under the Planning Act intended as an alternative to zoning for the purpose of implementing the Official Plan. It provides for a greater degree of flexibility and scope in ensuring predictable outcomes that are consistent with the planned vision for the area to which it applies. It combines zoning, site plan and minor variance approvals into one process with the approval of a community planning permit. Where a community planning permit by-law applies, the Zoning By-law and Site Plan Control By-law do not apply. Approval of development under this process is dependent upon the issuance of a community planning permit. The regulations established in a community planning permit by-law must conform to the Official Plan land use designations and all its other policies. The use of the system is premised on Council passing community planning permit by-laws for parts of the Town which have been studied for this purpose. In addition to conforming with all the policies of the Official Plan, the enactment of community planning permit by-laws shall be consistent with the policies that follow. Policy 7.1.10.1 Goal The goal of the CPP system is the same as the zoning system, that is, to implement the policies of the Official Plan. The policy refers to the CPP system as an integrated regulatory framework alluding to the concept that the CPP system is a singular process combining and including the current processes of zoning, minor variance and site plan control. The goal of the community planning permit system is to provide an integrated regulatory framework for reviewing development that implements the Official Plan and achieves the objectives stated below. Policy 7.1.10.2 Objectives There are several objectives listed as part of this policy, seven in all. These objectives reference the strengths and advantages of the Community Planning Permit system, such as its flexibility and streamlined approval process, as well as some of the requirements of the Regulation. 20 Community Planning Permit System