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Infill ZoningBy-lawSTAFF RESPONSE TO
OMB INTERIM ORDERPublic InformationSession, June 17th 2013
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SUMMARY
Recap and current situation
OMB Interim Order
Staff response
Next steps
Questions
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RECAP
Study of Small Scale Residential Infi llHousing, 2010
Findings related to:
Loss of green front yards to pavedsurfaces
Loss of existing trees and poor growing
conditions for new trees Impact of front garages on the
relationship of the design of the houseand relationship of house to street
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RECAP
After considering all input from thecommunity and industry, Counciladopted Infil l By-law 2012-147 in May2012.
Zoning changes include:
New definition of grade
New calculations for front yard setbacks andfront yard projections
Limits on projections above maximum height
New parking regulations
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RECAP
New parking regulations:
Purpose: to limit the instances wheremethod of car storage becomes the
dominant feature of the lot, house andstreetscape
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RECAP
Motion by Council lor Chernushenkoto re-evaluate front yard parkingpermission for Ward 17
Minor amendments in September2012, also before the OMB as part ofsame appeal
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RECAP
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RECAP
Consultation revealed high interest inaddressing infi ll-related issues
Second Infil l Study (Infil l II) underway,to address issues of height, mass, andsetbacks from side and rear [email protected]
Interim Control By-law on ConvertedDwellings [email protected]
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RECAP
Infi ll I:
Grade
Parking
Relationship of buildings to streets
Front yard hard/soft landscape
Character
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RECAP
Zoning By-law 2012-147 was appealed
Citys jurisdiction challenged
Design or aesthetics cant be
zoned site plan
What is in effect?
When by-laws are appealed, what islegally in effect is the most restrictive ofthe Council-approved by-laws betweenthe previous one and the appealed one
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OMB Interim Order
Within City zoning jurisdiction:
Character
Averaging formula for setbacks
Direction and location of parking Balconies and projections
Treatment of architectural elements, as long asthey are part of streetscape pattern
Driveways, walkways, hard surfaces, landscape
No authority for zoning: Whether doors have direct access to a dwelling
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OMB Interim Order
To be discussed at the hearing on theappeal:
Min. amount of glazing on ground floor faades
Zoning provisions that may bejustifiableif attached to character :
Direction of carports and garage doors
Setbacks of garage in relation to faade Garage door width
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OMB Interim Order
Do the rules apply to all properties orjust to new construction?
Five months to consider and clarify Council to approve new draft by-law by
Resolution, as extension of the existingAppeal file before the Board
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STAFF REPONSE
Original intent of Study and By-law was toreinforce characterof mature neighbourhoods
Staff proposes to recommend that Council: Adopt Zoning Strategy to link zoning
regulations with character
Then, adopt a draft By-law by resolution
Consider possible changes to PrivateApproach By-law and Permit Parking systemto support Strategy
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ZONING STRATEGY
PROPOSED: By-law will apply to:
all properties, not just infill all zones where ground-oriented residential
uses are permitted
New provisions to replace the ones originally
adopted, to: Link zoning to character;
Simplify the rules.
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ZONING STRATEGY
1. Identify the key attr ibutes thatconstitute character
2. Require documentation of character
for all development3. Dominant attributes, and those
consistent with, will be what zoningpermits
4. Parking not required; permitted if itmaintains/reinforces character
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ZONING STRATEGY
Key attributes of character: Front yard setbacks
Access patterns
On-site parking pattern Orientation of garages and carports
Location, width and use of walkways
Treatment of front and corner side yards
Dwelling and main entrance orientation
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ZONING STRATEGY
Key attributes of character: Location and setback of main entrance from
front or corner side lot line
Setback of garage or carport from front orcorner side lot line
Proportion of front wall used for attachedgarage or carport relative to remainder of frontwall used for entrance and habitable space
Location of dwellings ground floor as measuredfrom average grade
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ZONING STRATEGY
For any lot on which infi ll,redevelopment or addition to existingdwelling is proposed:
Applicant required to documentdominant patterns (i.e. 5+5+1+5+5)
The dominant patterns, and thoseconsistent with them, will be what is
permitted. Dominant and consistent with will be
described in the draft By-law
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ZONING STRATEGY
Documenting dominant patterns:
+5
+5+5
+5
+1
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ZONING STRATEGY
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ZONING STRATEGY
The by-law will account forinstances where:
There are fewer than 5 lots on one or
both sides; There are non-residential land uses
across the street
Etc.
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DESCRIBING PATTERNS
in the Zoning By-law
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DESCRIBING PATTERNS
in the Zoning By-law
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DESCRIBING PATTERNS
in the Zoning By-law
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DESCRIBING PATTERNS
in the Zoning By-law
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DESCRIBING PATTERNS
in the Zoning By-law
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TERMS THAT THE BY-LAW WILL
DESCRIBE
Dominant character
Attributes that form a pattern by beingpresent in the highest percentage of the 21surrounding lots
There may be more than one pattern, and in
that case, one may choose between theequally-present patterns
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TERMS THAT THE BY-LAW WILL
DESCRIBE
Consistent withThose patterns that maintain the nature and
proportional relationship of key attributesthat form the dominant pattern
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RELATED BY-LAWS ANDPROGRAMSPrivate Approach By-law
Authorizes new private approaches for eachnew individual dwelling provided that theaccess is only to a parking space that is not
contrary to any City by-law
Staff will work with Transportation Planning andBuilding Services to align Private Approach by-
law with Infill By-law
RELATED BY LAWS AND
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RELATED BY-LAWS ANDPROGRAMS
Residential street parking permitprogram
Introduced in 1980 in response to risingnumber of front yard parking applications
The area to which it applied was relatively
stable for 25 years (1980-2005) With the rise in infill activity, a similar
condition now exists to the one that gave riseto the program originally
The creation of the permit system by the Cityacknowledges a link between neighbourhoodcharacter and parking patterns.
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RELATED BY-LAWS ANDPROGRAMS
Residential street parking permitprogram
Staff will work with Transportation Planning,
Traffic Management and Operation Supportbranches to:
Align programs Guiding Principles with InfillBy-law
Make it easier to establish new zones or
enlarge existing ones Investigate options to improve time
management of curbside parking to balanceresident and other needs
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Next Steps
OMB appeal process is in effect
Updating residents, development industry ofproposed changes due to interest in this landuse issue
The Planning Act, 1990 requires that onlyappellants and any approved parties to anappeal may continue to be consulted andnotified of any matter pertaining to the appeal
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The draft zoning strategy will be presented toPlanning Committee (J une 25th) and to Council(J une 26th), with a recommendation that they
approve the strategy
A zoning by-law amendment will be drafted, asrequested by the OMB
The Board has instructed that the draftamendment be endorsed by Council Resolutionand forwarded to the OMB
The planning report detailing the recommendedzoning strategy will also be forwarded to theOMB
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Next Steps
The Ontario Municipal Board will hold a hearingon the merits of the By-law 2012-147, asamended, and as requested by Council, befurther amended by the Board to bring intoeffect a revised Infill By-law, based on the
Council-approved zoning strategy
The OMB Hearing on the merits of the appealexpected by end 2013.
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Questions?