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HomeMy WebLinkAboutCSD-14-027 - Comprehensive Review of the Zoning By-law (CRoZBy) REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: May 12, 2014 SUBMITTED BY: Alain Pinard, Director of Planning - 519-741-2200 ext. 7319 PREPARED BY: Natalie Goss, Senior Planner 519-741-2200 ext. 7067 WARD(S) INVOLVED: ALL DATE OF REPORT: April 17, 2014 REPORT NO.: CSD-14-027 SUBJECT: COMPREHENSIVE REVIEW OF THE ZONING BY-LAW (CRoZBy) WORK PROGRAM ___________________________________________________________________ RECOMMENDATION: -law 85-1 generally in accordance with the process outlined in report CSD-14-027. BACKGROUND: -law 85-1 was adopted through several amendments beginning in - The Planning Act requires that municipalities amend their Zoning By-laws within three (3) years new draft Official Plan was the subject of a Public Meeting in March 2014 (CSD-14-011)and will be considered for adoption by Council in June 2014. As per the requirements of the Planning Act adopted, will be forwarded to the Region of Waterloo for their approval. The Region of Waterloo is required to make a decision with respect to the Official Plan within 180 days (approximately 6 the earliest new Official Plan would be in effect is January 2015. In June 2013 staff recommended a three-phase process to update the Zoning By-law (CSD-13- 067). Phase 1 consisted of an annual amendment to the by-law to deal with technical adjustments (CSD-13-087 in October 2013). Phase 2 was comprised of an interim update to the Zoning By-law and associated Official Plan Amendment which included clarification of some definitions; modifications to certain standards and rates; introduction of new regulations; removing some institutional uses from employment areas, and; permitting religious institutions within lands designated and zoned Planned Commercial Campus/C-8 (CSD-13-091 in October 2013). Phase 3 is comprised of the Comprehensive Review of the Zoning By-law (CRoZBy) which is the subject of this report. 1 - 1 REPORT: Scope of the Comprehensive Review of the Zoning By-law (CRoZBy) program to comprehensively review the existing Zoning By-law as it is perhaps the most important tool to implement the Official Plan. This review will include an investigation of all components of the Zoning By-law including a detailed assessment of all zoning categories. The primary objective of this review will be to ensure that it is consistent with the new Official Plan. This review will also ensure that the Zoning By-law is reflective of current standards and best practices. Key deliverables will include a first and final draft of the new Zoning By-law as well as the assignment of appropriate zoning categories to lands within the City. The zoning of lands within PARTS Station Study Areas; the Downtown; central neighbourhood Secondary Plans, and; the Bridgeport, Hidden Valley and, Lower and Upper Doon Community Plans will be determined through appropriate parallel land use planning processes and as such are not within the scope of this project. With the exception of potential comprehensive studies in the areas of parking standards,residential zoning and commercial zoning (specifically for lands located along the west side of King Street East in the vicinity of Deer Ridge Drive and Pioneer Tower Road), no additional comprehensive studies on specific topics or specific geographic areas are anticipated at this time. The Planning Act provides the authority for municipalities to pass Zoning By-laws and sets out what can be regulated. Zoning By-laws may: Restrict the use of land and the location and use of buildings or structures; Prohibit the location of buildings or structures on lands for a multitude of reasons (e.g. flooding, contaminated sites, significant wetlands); Regulate the height, bulk, location, size, floor area, spacing, character and, use of buildings or structures; Regulate the frontage and depth of a lot and the proportion of area of a lot that may be occupied by buildings or structures, Require owners and occupants of buildings or structures to provide and maintain loading or parking facilities, and; Include holding, temporary use, cash-in-lieu of parking and bonus provisions. Zoning By-laws cannot regulate the users of buildings or structures. Issues which are not related to what a Zoning By-law can regulate will not be dealt with through the CRoZBy. Finally, the CRoZBy will not be the appropriate mechanism to deal with individual requests to change zoning parameters on specific properties. Applications for Zoning By-law amendments or minor variances may be made during the CRoZBy process in accordance with the Planning Act and will be considered on their own merits under the provisions of existing Zoning By-law 85-1. Project Management Structure The CRoZBy is currently in the 2014-2016 Corporate Business Plan under the Planning Divisional Projects. A formal project management structure will be utilized to conduct the CRoZBy over the next three years. The project management structure is comprised of an internal Zoning Coordination Committee, Core Project Team and several Working Teams. Council will be updated at key milestones throughout the process. WardCouncillors will also be involved in specific topics and consultation in their wards. External stakeholder involvement is outlined in the Community Engagement section of this report. 1 - 2 Work Program and Timing Zoning By-law by December 2015. A canvass of other municipalities in Ontario, including the Cities of Cambridge and Waterloo, revealed that comprehensive reviews of Zoning By-laws can take anywhere from 2.5 to upwards of 10 years depending on the scope of the review and timing of any related projects (i.e. implementation of new Official Plans). These timeframes are exclusive of any time which may be required to be spent at the Ontario Municipal Board. Considering this research, the scope of this project and, other on-going projects which are a priority for staff (i.e. PARTS, Secondary Plan review, KGMS/KGMP updates), staff are recommending the following work program and associated timing for the CRoZBy. Phase 1 (January to May 2014) Project Planning This phase included the development of a work program and public/stakeholder engagement. The project was launched to internal staff involved with the CRoZBy. The Zoning Coordination Committee, Core Project Team and several Working Teams have had initial meetings. This phase concludes with this report. Phase 2 (June to August 2014) Project Launch and Issue Identification This phase will include a public launch of CRoZBy in June with public and stakeholder consultation from June through to August.Staff has prepared a preliminary issues list (see Appendix A) based on a high level review of the existing Zoning By-law. This preliminary issues list will be used to initiate discussions with the public and stakeholders so that staff may better understand what additional questions or issues there are with the existing Zoning By-law. Phase 3 (September 2014 to August 2015) Research, Analysis and First Draft Zoning By-law This phase will include an assessment of issues identified in Phase 2 to determine appropriate ways in which they may be resolved in the new Zoning By-law. A review of the existing Zoning By-law as it relates to the new Official Plan will be done and an analysis of current standards, changes in planning policies and best practices elsewhere in Ontario (primarily in the Greater Golden Horseshoe) will be completed. This work will culminate in the first draft(s) of a new Zoning By-law which will be available for public and stakeholder review and comment. The new Zoning By-lay may occur in a series of related by-laws or stages. Phase 4 (September 2015 to October 2016) Final Draft Zoning By-law A final draft of the Zoning By-law(s) (and technical Official Plan Amendment if required) will be prepared taking into consideration comments received in Phase 3. The public and stakeholders will have an opportunity to provide comments on this final draft at a Statutory Public Meeting(s) as per the requirements of the Planning Act. A final Zoning By-law(s) will be prepared for Phase 5 (2016+) Implementation This phase implements of the new Zoning By-law and will include a user guide and support and training for staff. As the primary purpose of the CRoZBy is to implement the new Official Plan, portions of the new Zoning By-law dealing with Official Plan conformity will not be able to be adopted until such time as the new Official Plan is in force and effect. The timing outlined above should allow for the new Official Zoning By-law. A summary of the work program, timing and public/stakeholder consultation is in Appendix B. 1 - 3 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The CRoZBy Strategic Plan. FINANCIAL IMPLICATIONS: The CRoZBy project will save money and have a lower cost than many other municipalities by utilizing staff resources as much as possible. Often municipalities retain consultants and additional resources for all or a significant portion of their Zoning By-law reviews which could have a full cost between $100,000 to $1M. Although staff will conduct most of the CRoZBy work and prepare the Zoning By-law(s) ourselves, it is anticipated that throughout the duration of this large project there are certain studies and consultations that will have some cost. A preliminary budget of approximately $110,000 (not including staff time or resource requirements) has been identified for the project to be utilized over the next 2-3 years. This includes the public/stakeholder engagement outlined in this report; a comprehensive study of Section 6 Parking and; potential zone specific studies and/or consultation. This funding will be available within the Planning Studies account (Development Charge/Current Capital funded), provided the Capital forecast and Development Charges Study remains intact. COMMUNITY ENGAGEMENT: The CRoZBy public/stakeholder engagement Through the new Official Plan there were multiple opportunities for public and stakeholder input. These included extensive involvement during the preparation of the master plans/studies that formed the basis for the new Official Plan as well as numerous public and industry sessions, Council strategy sessions and the required Planning Act statutory public meetings. The public/stakeholder engagement that will occur as part of the CRoZBy project will build upon the consultation that occurred throughout the preparation of the new Official Plan. The general public and stakeholders will be consulted at key milestones throughout the project. Stakeholders include landowners, Departments/Agencies, Council, Resident Associations, the Development Industry (planning and other consultants, Homebuilders Association, developers) and, others. Staff is also meeting with the Cities of Waterloo and Cambridge to keep apprised of their ongoing Zoning By-law Reviews. A dedicated webpage is in the progress of being created that will host all information related to the CRoZBy. Staff is recommending that three rounds of public/stakeholder engagement occur coincident with Phases 2, 3 and 4 of the project. Timing of the public/stakeholder consultation related to the overall work program is shown in Appendix B. Phase 2 (June to August 2014) Project Launch and Issue Identification Phase 2 includes the first of three (3) rounds of public and stakeholder engagement. The intent of this phase of engagement is to gather input into what improvements can be made to the content and framework of the existing Zoning By-law. No recommendations on an approach for a new Zoning By-law will be made at this time. Phase 2, will include the launch of CRoZBy through advertisements in the Record and Kitchener Post as well as through social media. Two (2) public consultation sessions will occur in June. During June, July and August staff will set aside a total of three (3) weeks to conduct interviews to gather input on issues through one-on- one discussions with any interested stakeholder. Opportunities to identify issues through on- line methods will also be provided. Engagement during this timeframe: 1 - 4 Is limited to identifying issues with the existing Zoning By-law and will not include any recommendations on a new Zoning By-law framework or content; Will include multiple opportunities for providing input through a variety of methods, and; Allows for the project to be completed in the timeframe outlined in this report. Phase 3 (September 2014 to August 2015) Research, Analysis and First Draft Zoning By-law The Planning Act stipulates that public consultation occur at specific milestones through a comprehensive review of a Zoning By-law. One of these requirements is to consult the public during the preparation of the new Zoning By-law. The public engagement recommended during Phase 3 will meet this requirement. Once a first draft(s) of the new Zoning By-law is prepared public/stakeholder engagement will occur. This engagement may be topic or geographic specific and the topics explored and methods utilized will be determined upon the conclusion of Phase 2. Methods may include roundtable discussions, on-line surveys, open houses with presentations and, stakeholder interviews. Phase 4 (September 2015 to October 2016) Final Draft Zoning By-law Once a final draft(s) of the new Zoning By-law is prepared members of the public and stakeholders will be invited to provide comments at a public meeting(s) held at a Planning and Strategic Initiatives Meeting or Council Meeting in accordance with the provisions of the Planning Act. Comments received at this public meeting will be considered in the preparation of the final Zoning By-law that will be presented to Council for adoption. CONCLUSION: with a review of its Zoning By-law to ensure that the review is completed within the three (3) year timeframe set out in the Planning Act. Staff is recommending that the work program, timing and public/stakeholder engagement outlined in this report be utilized to comprehensively review the existing Zoning By-law. REVIEWED BY: Tina Malone-Wright, Senior Planner Janine Oosterveld, Manager, Site Development and Customer Service Della Ross, Manager, Development Review Brandon Sloan, Manager, Long Range and Policy Planning ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) : Attachments Appendix A: Zoning By-law 85-1 Preliminary Issues List Appendix B: Comprehensive Review of the Zoning By-law (CRoZBy) Work Program and Timeline 1 - 5 Zoning By-law 85-1 Preliminary Issues List Appendix A Other/Miscellaneous Parking Regulations Institutional Zones ZonesCommercial Residential Zones Mixed Use Zones Zones Natural Heritage Employment Zones 1 - 6 Other/Miscellaneous Parking Regulations Institutional Zones ZonesCommercial Residential Zones Mixed Use Zones Zones Natural Heritage Employment Zones 1 - 7 Appendix B Comprehensive Review of the Zoning By-law (CRoZBy) Work Program and Timeline 1 - 8