HomeMy WebLinkAboutCSD-17-051 - CRoZBy - Council Strategy SessionREPORT TO: Council Strategy Session
DATE OF MEETING: November 6, 2017
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 Wards
DATE OF REPORT: October 31, 2017
REPORT NO.: CSD-17-051
SUBJECT: Comprehensive Review of the Zoning By-law (CRoZBy)
Next Steps - Council Strategy Session
______________________________________________________________________
RECOMMENDATION:
For discussion.
BACKGROUND:
The Planning Act requires that municipalities amend their Zoning By-laws to conform to
by Council in 2014.
Portions of the new Official Plan are in effect.
-law was adopted through several amendments beginning
in 1985. Generally, a Zoning By-law can control the way land is used (e.g. for houses,
industrial buildings, parks) and can set out rules regarding the location and shape of
buildings (e.g. how far a building should be from the street, and how tall and big the
building can be). Zoning By-laws can also require a property to be a certain size (e.g.
how wide, how long and how much area), and can require that parking spaces be
provided on a lot.
The preparation of a new Zoning By-law is a major endeavour and closely related to the
-law was outlined in 2013
(CSD-13-067). In May 2014, the Comprehensive Review of the Zoning By-law
(CRoZBy) was officially launched (CSD-14-027). Between 2015 and 2017 various
reports tabled different sections of the first draft zoning by-law for public review (CSD-
15-012, CSD-16-022, CSD-16-070, CSD-17-024, CSD-17-045). A complete first draft
has now been tabled.
Staff has been consulting with the community on the first draft zoning by-law since
March 2015. Consultation has included:
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3,557 individualized letters to property owners notifying them of proposed changes
in zoning;
9 open houses (including presentations, Q&A and, drop-in) attended by
approximately 415 persons;
56 individual stakeholder and property owner meetings;
5 presentations to/discussion sessions with City of Kitchener Advisory
Committees/Downtown Kitchener BIA;
6 presentations/discussion sessions with the Waterloo Region Homebuilders
Association Kitchener Liaison Committee/CRoZBy Subcommittee, and;
2 presentations to the Kitchener Waterloo Association of Realtors.
To date staff has received approximately 560 individual submissions containing
approximately 1,400 individual comments. Staff continues to review all comments
received on the first draft zoning by-law, provide responses to these comments and
have further dialogue with the community regarding them. At this time it is anticipated
that this initial round of consultation will be completed in early 2018. A final draft zoning
by-law will be tabled at a statutory public meeting in spring 2018.
This report provides an overview of what will be included in the final draft zoning by-law
and regarding items that are
anticipated to be raised at the statutory public meeting.
REPORT:
In the spring of 2018 staff will be tabling a final draft zoning by-law of most components
at a statutory public meeting. The following table provides a summary of what, at this
time, will (and as a result what will not) be included in the 2018 final draft zoning by-law.
Included in Spring 2018 Final DraftNot Included in Spring 2018 Final Draft
Section 1 General Scope and AdministrationSection 7 -Residential zones
Section 2 InterpretationSection 3 -Definitions related only to residential
zones
Section 3 Definitions
Section 4 -General regulationsrelated only to
Section 4 General Regulations(+bonusing)
residential zones
Section 5 Parking, Loading, and Stacking
Section 5 -Certain parking/loading/stacking
Section6Urban Growth Centre Zones
provisions related to residential zones (e.g.
Section 8 Mixed Use Zones
driveway and garage regulations)
Section 9 Commercial Zones
The application of new zones in specific areas as
Section 10 Employment Zones
follows:
Section 11 Institutional Zones
Bridgeport East Community Plan Area
Section 12 Agriculture Zones
North Ward Secondary Plan area
Section 13 Natural Heritage Zones
Lands within the central neighbourhood
Section 14 Existing Use Floodplain Zone
Secondary Plan areas
Section 15 Recreation Zone
Lands within Planning Around Rapid Transit
Section 16 Major Infrastructure and Utility Zone
Stationareas
Section 17 Stormwater Management Zone
Hidden Valley Community Plan areas
Section 18 Overlays
Upper and Lower Doon areas
Section 19 Transition Provisions
Rosenberg Secondary Plan area
Appendices -Showswhere zones apply,
Lands with an Official Plan land use that
including special provisions; showsth
remains under appeal
regulated area and PARTS areas
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Next Steps Non 2018 Final Draft Zoning By-law Content
In early 2018, staff will commence with the property specific application and consultation
of the draft residential zones to properties. At this time it is anticipated that this will be
done on a ward by ward basis with priority placed on lands within Planning Around
Rapid Transit Station (PARTS) areas and lands within the Residential Intensification in
Established Neighbourhoods Study (RIENS) area. This includes the evaluation of
existing zoning, application of new/updated base residential zoning and consideration of
property specific RIENS related zoning regulations to approximately 13,500 properties.
To complete this work and continue with public consultation in a similar fashion that that
which has been done to date through CRoZBy, this will not be able to be completed in a
timeframe to be considered as part of the 2018 final draft zoning by-law.
In addition to this ongoing work, staff has commenced conversations with the Waterloo
Region Homebuilders Association Kitchener Liaison Subcommittee regarding the
residential zones and this dialogue will continue over the coming months. Staff will also
continue with and/or commence specific land use studies (and other topic specific
studies where required) for the geographies outlined above in accordance with the
Additional statutory public meetings will be held for
the content and geographies not included in the 2018 final draft zoning by-law.
First Draft Consultation
Comments received on the first draft zoning by-law centred on several major themes.
These included the following:
Support for the reduction in minimum parking space requirements and the principle
of parking maximums, shared parking and bicycle parking requirements;
Support for the proposed new commercial zones including the range of permitted
uses;
General support for the principle of bonusing regulations for an increase in floor
space ratio in the downtown;
Concerns with and questions surrounding legal non-conforming;
Support for the principle the natural heritage conservation (NHC-1) zone but
concerns with it applying to private properties;
Concerns with and questions surrounding the purpose of the existing use floodplain
(EUF-1) zone;
Concerns with the proposed range of permitted uses in the industrial employment
zones (EMP)
In advance of the spring 2018 statutory public meeting it is important to begin dialogue
with Council onkey issues that may be raised at the statutory public meeting. Appendix
A contains three discussion questions related to these key issues. At this time it is not
anticipated that Council will make a decision on the 2018 final draft zoning by-law at the
statutory public meeting. It is possible that Council could make a decision on the 2018
final draft zoning by-law prior to summer 2018. This will depend on a number of factors
including the nature and number of items raised at the statutory public meeting and the
time needed for staff to continue to work with commenters to try to resolve concerns.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority 1 Open Government
Strategic Priority 2 Strong and Resilient Economy
Strategic Priority 3 Safe and Thriving Neighbourhoods
Strategy 3.3 - Manage growth, curb urban sprawl, and foster more mixed-use
development, ensuring new development is integrated with the diversity and character
of the surrounding community.
Strategic Priority 4 Sustainable Environment and Infrastructure
Corporate Business Plan Strategic Action #NB11 Comprehensive Zoning By-law
Review.
FINANCIAL IMPLICATIONS:
This multi-year project is currently within the existing committed project budget.
COMMUNITY ENGAGEMENT:
beyond the typical requirements of the Planning Act.A description on CRoZBy
consultation to date is provided in the background section of this report.
CONCLUSION:
A new zoning by-law provides an opportunity to solidify the visions of several of the
and the Official Plan and move forward on several action items from
the Neighbourhood Strategy. A new zoning by-law after more than 30 years working
-law means change. Change can be challenging
however changes in zoning rules can help the City move towards its vision. As the new
zoning by-law advances to a statutory public meeting, staff will continue to resolve as
many concerns as possible. However, staff may not be able to provide solutions that will
be satisfactory to everyone. This report highlights some of the major concerns that may
continue to be raised at or after a spring 2018 statuary public meeting and provides an
opportunity for discussion between Council and staff in advance of that meeting.
REVIEWED BY:
Brandon Sloan, Manager, Long Range and Policy Planning
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Appendix A Discussion Questions
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Appendix A Discussion Questions
Question 1 What are your questions/thoughts on certain properties becoming legal
non-conforming to help achieve the new directions/objectives of Provincial/Regional and
City policies?
Context
What is legal non-conforming?
In some instances, the new zoning by-law will change the way that property owners
may use their property. If the current way that a property owner is using their property
(e.g. for a single detached home or a retail business) is no longer permitted, the use will
become legal non-conforming (LNC). To be LNC the use must:
Have been legally in existence under the old zoning by-law on the effective date of
the new zoning by-law;
Must be continuous. To retain the legal non-conforming status, the legally existing
use under the old zoning by-law must not cease to exist at any time after the new
zoning by-law comes into effect. The legally existing use must continue to be used
for the purpose that it was used before the new zoning by-law comes into effect
What happens to properties that are LNC?
The new zoning by-law has no effect on the continued use of any property. Because
zoning by-laws are forward thinking, that is they regulate the future use of land, property
owners can continue to use their properties without any implications. The new zoning
by-law will only apply when there is a proposed change in use to the property or new
buildings are built on the property. Should a person wish to expand/enlarge an existing
building containing a legal non-conforming use, the Planning Act provides a process for
these situations to be considered through Committee of Adjustment.
Additionally, LNC applies to the land/building/use, not the owner. If a current owner
were to sell the property/business, the LNC status would extend to subsequent owners.
Why is LNC necessary?
In the long term, the intent is that all LNC uses will convert to the uses permitted in the
zoning by-l
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An example
Certain properties on Manitou Drive (shown on the map below) currently contain
commercial uses (e.g. car sales, commercial schools). The existing zoning (Heavy
Industrial M-4) currently permits these types of uses.
; that is to
preserve these lands for a variety of industrial and industrial related purposes. It does
this for a variety of reasons, one of which is to comply with Provincial direction on
setting aside and protecting industrial areas for industrial users. To ensure that
competitive, many of these commercial
uses will no longer be appropriate on certain lands in these areas resulting in any legally
existing commercial uses becoming LNC.
Existing Zoning
Proposed Zoning
First draft zoning by-law - LNC
Several property owners and consultants on behalf of property owners do not wish to
have the current use of their properties become legal non-conforming. They suggest
that it will be challenging to securing financing or make it more difficult to sell. Others,
specifically those with proposed EMP zoning, do not want to become legal non-
conforming as they do not agree that their property should be part of an industrial
employment area.
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Question 2 The draft zoning by-law is proposing a zone to protect/conserve/manage
environmental features. In some cases this zone will apply on privately owned property.
How can the City communicate the importance of protecting these features through
zoning to private property owners?
Context
Provincial, Regional and City Policies
(KNHS) which is comprised of local, regional and provincial natural features that support
viable populations of indigenous species
Natural Heritage System policies aim to strike a balance between protection of the
natural heritage system, while providing for growth and development. Features that
comprise the KNHS include significant wetlands, woodlands, valleylands, and habitat of
endangered or threatened species. These features have been designated
heritage conservatiin the Official Plan which provides for conservation and
management of these features as well as passive recreational uses. The designation
also provides for the recognition of existing legal uses within these areas. The Official
Plan natural heritage conservation land use designation provides a broad policy basis
for the conservation and management of the above-mentioned features. This land use
designation is conceptual and its boundaries are meant to be further refined through
zoning.
What does this mean for zoning?
To implement the natural heritage conservation land use designation, as part of the first
draft zoning by-law, staff included a natural heritage conservation (NHC-1) zone which
ermitted use. The
application of this zone is meant to provide specific boundaries to the natural heritage
conservation land use designation in the Official Plan. No new development would be
permitted within this zone. This zone is intended to apply to both publicly and privately
owned properties.
An Example
In the late 1980s subdivision (shown on the next page) was
approved in the Brigadoon community. The subdivision was proposed to intrude into a
regionally designated Environmentally Sensitive Policy Area (ESPA). Under the regional
policy at that time this was permitted provided that environmental studies were
submitted demonstrating that the development could occur without adverse impact to
the ESPA. The Ci
zone (in this case R-3) even if a portion of that lot was within the ESPA. The ESPA had
no effect on the zoning of properties within its boundary. The protection of the ESPA
would have been secured through a subdivision agreement which is typically registered
as an encumbrance on the title of the properties.
Although this is a legal mechanism to secure protection of environmental features, it is
not as transparent as zoning. The CRoZBy process proposes to translate these existing
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legal mechanisms into a zoning by-law. This would occur through the application of the
NHC-1 zone on these properties in to conserve the ESPA as was the original intent.
The proposed NHC-1 zone boundary is based on the development limits that were
secured at the time of subdivision approval.
Proposed NHC-1 Zone
Existing Zoning and location of ESPA
First draft zoning by-law - and
what we are doing about it
As part of the first draft zoning by-law several property owners and consultants on
behalf of property owners provided comments on the first draft zoning by-law
suggesting that they do not agree with the application of the NHC-1 zone on their
property as it was not there when they purchased the property. In some cases they do
not agree that a natural feature is present on the property.
Staff has been reviewing all comments received on the first draft NHC-1 zone. This
review has included coordination with Region of Waterloo (Region) and Grand River
Conservation Authority (GRCA) staff as the majority of natural features proposed to be
zoned NHC-1 are under their respective jurisdictions. In certain circumstances, City
staff, together with Region and GRCA staff, has conducted site visits with property
owners to verify the presence of natural features on private property.
In order to comply with the Official Plan (see discussion under context above), and in
most cases Region and Provincial policy, zoning regulations are necessary to protect
natural features. Through the CRoZBy process staff will continue to review the
proposed boundaries of the NHC-1 zone on these properties which may result in the
NHC-1 zone applying to fewer properties or applying to portions of properties based on
more accurate information.
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Question 3 The 2018 final draft zoning by-law is anticipated to include most of the
content tabled as part of the first draft zoning by-law (see detailed list below). What
questions do you have about the 2018 final draft zoning by-law?
Context
At this time it is anticipated that the 2018 final draft zoning by-law will include the
following:
Zoning By-law SectionDescription
1General Scope and Administration This section includes items such as the effective date,
contraventions, penalties and, zoning (occupancy)
certificates.
2Interpretation, Classification and This section explains how to read the zoning by-law
Limits of Zones and what certain symbols and references mean.
3DefinitionsThis section defines all permitted uses in the zoning
by-law as well as other terms used throughout.
4General RegulationsThis section includes specific regulations for certain
uses permitted in multiple zones. It includes topics
such as accessory buildings, bonusing, condominiums,
home occupations, legal non-conformity, location of
certain uses, permitted projections into yards/above
height restrictions and porches.
5Parking, Loading, and StackingThis section includes minimum and maximum motor
vehicle parking rates, bicycle parking rates, electric
vehicle parking rates, shared parking space reductions
and, location regulations.
6Urban Growth Centre Zones
8Mixed Use Zones
9Commercial Zones
10Employment Zones
11Institutional Zones
12Agriculture Zones
13Natural Heritage Conservation Zone
14Existing Use Floodplain Zone
15Recreation Zone
16Major Infrastructure and Utility Zone
17Stormwater Management Zone
18Overlays
19Transition ProvisionsThis section provides for certain types of in-progress
development applications to continue to be considered
under the existing zoning by-law.
AppendicesThese will show where the new zones will apply, will
include any special provisions and will also show the
.
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