Housekeeping #17City Initiated Housekeeping Changes

PAC File Z-03-12Mary C. Joyce Smith, MCIP, RPP – Senior Planner

PAC Meeting – Tuesday, May 22nd, 2012

OverviewThis is the latest in a series of periodic Housekeeping

Reports over the past several yearsThe last Housekeeping exercise took place in 2010The Planning Division staff has been collecting comments

and suggestions from various City staff who documented particular concerns to the Planning Division, reviewed the various issues, and discussed any changes that may be required

Through discussions and review, it is a general consensus that the modifications further strengthen and refine the Comprehensive Zoning By-law

Housekeeping ItemsItem Section/Heading or

ZoneIssues (Identified by Department) Suggested Modification(s)

1 01-2-7 GENERAL Exceptions page 4

Currently there is a provision in this section that stipulates that Federal Government, a utility company providing public utilities to the city, a transportation service operated by the City, a Health Unit or any facility that enjoys general exemption must be in substantial compliance of the regulations for the zone in which it is located (defined as within 10%)

Remove reference to the 10% and require that the municipality work with the particular exempted entity to try to try to approach/achieve compliance, but let individual circumstances dictate substantial compliance.

Housekeeping ItemsItem Section/

Heading or ZoneIssues (Identified by Department Suggested Modification(s)

2 Section 02-1A-3 Residential 10, Section 02-1A-3 Residential 15Section 02-2-3 Residential 20 Section 02-3-3 Residential 30 Section 03-6-6 Commercial 51 Lot Occupancy requirements

The requirements of Lot Occupancy in some zones state 33% and in other residential zones, it is indicated as 30%. There should be built-in consistency with the standard and recognition of a slightly more dense percentage being built today. This supports “intensification” approaches.

Change all lot occupancy requirements for single family dwelling in Residential 10, Residential 15, Residential 20, and Commercial 51 to 35% (all main buildings).

Housekeeping ItemsItem Section/Heading or

ZoneIssues (Identified by Department Suggested Modification(s)

3 Section 02-1A-3 Residential 10, Section 02-1A-3 Residential 15Section 02-2-3 Residential 20 Section 02-3-3 Residential 30 Section 03-6-6 Commercial 51 Residential zones Rear Yard requirements

There are provisions in the Zoning By-law identifying “rear yard dimension requirements” Currently, these range from 10.5 to 10.0 metres

Change all rear yards requirements for single family dwellings to be consistent at 10 metres.

Housekeeping ItemsItem Section/Heading

or ZoneIssues (Identified by Department) Suggestion

Modification(s)4 Section 03-7-2

- Commercial 70 page1

Many residential properties are zoned Commercial 70 in this zone causing a problem for homeowners trying to obtain financing from some banks.

Introduce the following into the Permitted Uses section:“Existing residential dwellings in Commercial 70 (COM 70) zone at the time of passing of this By-law are permitted.”

Housekeeping ItemsItem Section/Heading

or ZoneIssues (Identified by Department) Suggested Modification(s)

5 Section 03-6-2- Commercial 51 Combined Residential and Commercial uses

Currently residential uses may be combined in the same building as a commercial use, however, in Commercial 51 it is not specified where the residential unit may be located.

Add the following to the Permitted Uses to clarify where residential units are to be located:i) residential dwelling

units may be located over any non-residential use in this zone and may be located on main floors, in the rear of a business but not constituting more than 50% of the Gross Floor Area.

Housekeeping ItemsItem Section/Heading

or ZoneIssues (Identified by Department) Suggested Modification(s)

6. 01-4-5SETBACKSPermitted Encroachment into Yards

Provide more relief for handicap ramps such that they are able to encroach up to eight feet into any yard (typically front yards). There have been a number of applications to the Committee of Adjustment recently seeking greater relief. All were approved, hence the suggestion

Change reference to 6 feet and replace with 8 feet.

Housekeeping ItemsItem Section/Heading

or ZoneIssues (Identified by Department) Suggested Modification(s)

7. 01-2-16 GENERALSeasonal Stationary Food Premises Standards page 9

Chip stands presently are required to be established under the provisions of the Ontario Building Code (O.B.C.)

In the following section, change the wording as follows:a) Change the word

“Building” to “structure/vehicle” and remove reference to the O.B.C.

d) Remove reference to private services.

e) Change the word “building” to “structure/vehicle”.

Housekeeping ItemsItem Section/Heading

or ZoneIssues (Identified by Department)

Suggested Modification(s)

g) Change the word “building” to “structure/vehicle”.

h) Add: where seating is provided on-site, appropriate washroom facilities are required and to the satisfaction of the municipality. In the case of a building, with available washrooms, being on the same site as the stationary food facility, then an “Agreement of Use”, will be required to be registered on title and maintained in good standing.

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or ZoneIssues (Identified by Department) Suggested Modification(s)

8. Section 02-2-3 Residential 20

In the Blackburn Gardens subdivision a number of lots do not have the required frontages and lot area, as per By-law 200-2004

Add a section referencing By-law 200-2004 to read: Those lots as shown on the Draft Plan of Subdivision dated May 11, 2009by K.L Stidwill, O.L.S., within the Blackburn Gardens subdivision, shall be recognized as compliant with respect to frontage and lot area

Housekeeping ItemsMapping Changes

Item Section/Headingor Zone

Issues (Identified by Department) Suggested Modification(s)

9. Change to Schedule Plate 24

The schedule attached to By-law 200-2004 will be applied to the mapping so as to include these provisions for the Blackburn Subdivision which apply to the total amount of the area and frontage.

See Appendix 1

Housekeeping ItemsMapping Change

Item Section/Headingor Zone

Issues (Identified by Department) Suggested Modification(s)

10. Change to Schedule Plate 15

Two specific properties, being 343-345 Belmont Street and 1205 First Street East identified in By-law 108-1993 are shown incorrectly on the mapping schedule. They were inadvertently flipped during the G.I.S. mapping initiative in 2005under By-law 026-2006. The owners have been notified of the situation and no objections to the mapping corrections have been made.

See Appendix 2 and 3Rezone 343-345 Belmont Street from Residential 20 (RES 20) to Commercial 11 (COM 11).Rezone 1205 First Street East from Commercial 11 (COM 11) to Residential 20 (RES 20).

Housekeeping ItemsItem Section/Heading

or ZoneIssues (Identified by Department) Suggested Modification(s)

11. Changes to Schedule Plate 15

Correct the split zoning on 440 Water Street East to reflect the legal non-conforming status of the building to legal commercial. This is a longstanding commercial site.

See Appendix 4Rezone the complete building at 440 Water Street East to Commercial 70 (COM 70). This will extend to approximately 30 feet behind the building.

Proposed Zone Change

Proposed Zone Change

Proposed Zone Change

Proposed Zone Change