New Zoning By-law Release of First Draft. October 27, 2016

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1 New Zoning By-law Release of First Draft October 27,

2 Welcome & Introductions City of Kingston Greg Newman, RPP, MCIP Manager Laura MacCormick, RPP, MCIP Project Manager Zoning Advisors Rory Baksh, RPP, MCIP Dillon Consulting Limited Lloyd Phillips, RPP, MCIP Lloyd Phillips & Associates 2

3 Tonight s Activities Presentation General Question & Answer Session What s My Zoning? Ask Staff & Consultants Your Questions 3

4 ZONING IN KINGSTON A SHORT PRIMER 4

5 What Is It? Why Do We Need It? Land use regulation To implement the policies of our Official Plan Development control Manage land use [conflicts] and development Built form control Regulate lot size, building height, setbacks, etc. Good design and sustainability Car parking, bike parking, landscaped area, etc. 5

6 What Is It? Why Do We Need It? Images Source: Duany-Plater-Zyberg Architects 6

7 How Does Zoning Help Me? Owner: Describes the land use permissions on my property and my neighbour s property Developer: Provides certainty so that I can build with confidence City: Implements our Official Plan and is a benchmark for evaluating when change is proposed 7

8 Why Do We Need New Zoning? Five principal Zoning By-laws 8

9 Why Do We Need New Zoning? Inconsistent Out-Dated NEW Difficult to Use Difficult to Manage Introduce New Tools 9

10 What Does New Mean? Guiding Philosophies Effectively Guides Development Reduce Non- Conformity Recognize Existing Approvals Well Organized Concise & Understandable Web-Enabled & User- Friendly 10

11 What Else Does New Mean? Current zoning will be repealed New zoning will be approved Specific Technicality The date of passing will change Important for those landowners affected by zoning provisions tied to the date of the Zoning By-law 11

12 Rules For Zoning Zoning must: Follow the Planning Act legislation Conform with the City s Official Plan Zoning cannot: Be discriminatory (infringe on human rights) Control colour, building materials, or interior layout Control cell phone towers or green energy projects Regulate on-street parking or design of public streets 12

13 What Does First Draft Mean? Restructuring Stakeholder Feedback Successive Drafts Rewriting Stakeholder Feedback New Mapping Statutory Open House & Public Meeting Council Approval 13

14 Guiding Philosophies: Harmonizing The new zoning inherits the good work in the current Zoning By-laws A major component of writing the new zoning was harmonizing across the current Zoning By-laws Tried to reduce problems arising simply because of change Defined Term Cataraqui North By-law No City of Kingston By-law No Pittsburgh Township By-law No Downtown Harbour By-law No Township of Kingston By-law No Recommended Definition Street Line Street Line means the boundary between a public street and a lot. Street Line means the division line between a street and the abutting property. Street Line means the limit of the street allowance and is the dividing line between a lot and a street. Street Line means the limit of the road allowance and is the dividing line between a lot and a street. Street Line means the limit of the road or street allowance, and is the dividing line between a lot and a street. Street Line means the boundary between a public street and a lot. 14

15 Guiding Philosophies: Harmonizing 15

16 Visualizing Zoning: Traditional Map 16

17 New Zoning: New Tools in 3D! 17

18 Visualizing Zoning But 40% Coverage Software Limitations Basic setbacks and height OK OR? OR? 18

19 Visualizing Zoning 19

20 Visualizing Zoning Portsmouth Ave 20 Fairview Road

21 Visualizing Zoning 21

22 Visualizing Zoning 22

23 Visualizing Zoning 23

24 How To Read the Zoning By-law (1/3) 1 Locate your property on the Zoning Maps in Section 21 to determine your zone. 2 3 Turn to the relevant zone category in Sections 8 to 18 for the land use provisions and building regulations applicable to your zone. If your property is subject to a site specific exception (i.e., a number in square brackets), turn to the relevant exception in Section 19 or

25 How To Read the Zoning By-law (2/3) 4 Check the Overlay Schedules to see if overlay provisions apply (Schedule A, B, C, D, E, and/or F). 5 If Overlay Schedules apply, turn to the relevant provisions in Section 6. 6 Turn to the General Provisions in Section 4 to see the additional provisions that apply. 25

26 How To Read the Zoning By-law (3/3) 7 Check the Specific Use Provisions in Section 6 to see if there are additional provisions for your land use. 8 Turn to the Parking, Loading and Bicycle Parking Standards in Section 7 for additional provisions. 9 Don t forget to refer to the Administration and Interpretation provisions, along with the Definitions in Sections 1, 2, and 3. 26

27 I m Concerned: Zoning Changes Why did my zone change (residential)? Why did my zone change (nonresidential)? Harmonizing many zones into a common group 27

28 I m Concerned: Zoning Changes Some of my activities are permitted but not all of them; is my property legally non-conforming? The list of permitted land uses has been generalized and your specific activity may fit within a broad land use 28 Table Permitted Uses in the Downtown Zones Use CD CMS HB Residential Uses community home community support house dwelling unit in a mixed use building 1 1 housing crisis shelter recovery home residential care facility Automotive Uses automobile sales establishment automobile service station parking lot transportation depot transportation terminal Commercial Uses adult entertainment establishment adult entertainment store animal care bed and breakfast building supply store We ll be pleased to help you further during the one-onone sessions to answer these questions

29 I m Concerned: Zoning Changes Table CG Provisions Land Use or Building Type Provisions Min. Lot Area (square metres) Min. Lot Frontage (metres) Max. Height (metres) Min. Front Setback (metres) Min. Rear Setback (metres) Min. Exterior Side Setback (metres) Min. Interior Side Setback (metres) All Specific dwelling unit automobile service station I don t think my property fits with the criteria; am I legally non-compliant? We ve tried to reduce these issues You might not have found all the criteria that apply We ll be pleased to help you further during the one-onone sessions to answer these questions 29

30 I m Concerned: Zoning Changes What s the risk to my development in progress? Section 1.6 has transition provisions for complete building permits and complete planning applications to continue forward under the former zoning What s the risk to my plans for a future renovation? All future renovations needing a building permit will have to meet the new Zoning By-law once it comes into force 30

31 I m Concerned: Zoning Changes Where s my sitespecific zoning exception? The numbering of exceptions has changed but they have been carried forward; please check the Maps and refer to Section 19 and Section 20 How are we protecting the Ribbon of Life? The Official Plan s EPA designation for the Ribbon of Life is matched in the Zoning s mapping and provisions 31

32 I m Concerned: Zoning Changes How are we protecting historic areas? Zoning does not override protection in the Heritage Act; those neighbourhoods and specific properties are still protected How are we managing intensification? Every new high rise apartment building with a Residential zoning will be individually assessed In Williamsville, the CM zone continues to guide (re)development as intended; similarly for CD and CMS zones in the downtown 32

33 I m Concerned: Zoning Changes How are we managing community design? Tools such as the Design Guidelines for Communities work together with zoning to achieve good design 33

34 As a First Draft The new Zoning is not finalized yet We encourage your review and comments Second Draft 34

35 Next Steps Comments Winter 2016 Second Draft Spring 2017 Comments Spring/ Summer 2017 Third Draft Summer 2017 Public Meeting Autumn 2017 Adoption / Approval Winter

36 QUESTIONS / COMMENTS 36

37 WHAT S MY ZONING? ONE-ON-ONE STATIONS TEAM AVAILABLE TO HELP YOU: Laura MacCormick Greg Newman Rory Baksh Lloyd Phillips 37

38 Please Keep In Touch!

39 New Zoning By-law Release of First Draft October 27,