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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?