MARKHAM BYLAW REVIEW URA MARKHAM BYLAW SUB-COMMITTEE

Transcription

1 URA MARKHAM BYLAW SUB-COMMITTEE

2 MARKHAM COMPREHENSIVE BYLAW REVIEW Markham is reviewing zoning bylaw which will re-align 46 existing zoning bylaws and 3,000 special zoning bylaw to become one comprehensive bylaw framework where user can navigate through GIS geographics information system of Markham to find related bylaw.

3 MARKHAM COMPREHENSIVE BYLAW REVIEW Presentation Contents Zoning Bylaw 101 Markham Bylaw Review Project Markham Bylaw Review Key Study Area Question(s) needs city clarification or solution Next Step

4 ZONING BYLAW a legal document that regulates the use of land and buildings and provides specific standards for how development and construction can occur on a property Zoning bylaw terminology for mix use Zoning bylaw terminology for residential

5 ZONING BYLAW 101 Land Use Planning decide where in our community should home, business, park, school, community facilities be built Official plan set out municipal s general policy for future land use Zoning bylaw allow city to legally enforce the official plan as to How land and building may be used Where building and other structure can be located type of building that are permitted and how may be built Lot sizes, building height, setback, gross floor area, density, parking requirement Zoning bylaw amendment allow owner of property to request change for new use of the land if permitted by official plan Minor variance allow property owner to request city exemption of deviation

6 ZONING AMENDMENT EXAMPLE 4301 Hwy 16 application for zoning amendment 5 acres 13 units executive houses build acres (43% - 49%) Bylaw (no infill bylaw) Heritage dwelling Other Consideration such as tree preservation buffer for the creek storm water management TRCA approval as on flood plan matching neighbourhood

7 NORTHWEST UNIONVILLE BYLAW Schedule A Cover Area West Warden East Kennedy North 16 th Ave South Carlton

8 NORTHWEST UNIONVILLE BYLAW Schedule B Development Standard : Min Lot Frontage, Min Lot Size, Min Setback, Max Height, Max Lot Coverage

9 MINOR VARIANCE APPLICATION EXAMPLE Minor variance is asking city to exempt from bylaw standard deviation minor variance approx 10,000 with percentage statistics 41% setback related 15% lot size related 14% building volume related 9% parking loading related 9% accessory related 6% yard related 4% used related 2% landscape related Why rebuild a house is minor vairance? Why Height is not in minor variance stats? Is 4-5 minor variances no longer minor?

10 TYPICAL QUESTIONS ON ZONING Monster home is popular in older resident area but might not match neighbourhood What is the process for approval of "Monster Homes" in older residential neighborhoods, with regard to square footage (size), set-back, height, overlook and impact on the local area. Who reviews and approves/declines the planning permissions? Majority zoning application is Minor Variance which is exemption from bylaw standard How are "Minor Variances" handled? What is the process and who reviews and approves/declines the variances. Many people works from home or have home business What is the existing Bylaws which allow or restrict home based businesses. How is enforcement applied if necessary? Many neighborhood is renting their room Describe the existing Bylaws which allow or restrict "Rooming Houses" or Multiple Occupancy Dwellings. How is enforcement applied if necessary? What should a resident do if a "Rooming House" or similar is suspected? Who should they contact? Fire, Bylaw Enforcement?? What plans is the City making to accommodate and house the new University students?

11 ZONING BYLAW ISSUE Issue resident seems development approval is random and arbitrary, with outcomes bearing little relationship to the perceived rules. For example OP 2014 max 15 storey but we see 31 storey Low rise max 3 storey Mid rise max 8 storey High rise max 15 storey Developer don t like endless negotiation with city on section 37 money for approving the rezoning New zoning bylaw intend do a comprehensive zoning review, with full community and stakeholder input, to make it appropriate for all Markham, including its physical character and the density it could reasonably support. ensure that new development can only be built if it strictly conforms to this new zoning.

12 ZONING BYLAW 101 Council will look at the followings when approving bylaw amendment conformity with the official plan and compatibility with adjacent uses of land suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created adequacy of vehicular access, water supply, sewage disposal and the risk of flooding. Markham zoning amendment consideration Building should enhance image of city Building should be consistent in build form that reinforce the public streetscape Landscape should be attractive, sustainable and respectful of existing environment Council decision on the bylaw change will also need to be in consistent with provincial policy statement on land use planning The Provincial Policy Statement focuses growth within settlement areas and protect Province s natural heritage resources, water, agricultural lands, mineral resources, and cultural heritage and archaeological resource

13 WHY MARKHAM BYLAW REVIEW Markham Official Plan was approved on June 2018 Zoning bylaw is required to be reviewed no lese than 3 years after the Official Plan Comprehensive bylaw review project wail Implement the official plan Review, consolidate, streamline, update existing and consolidate to one comprehensive bylaw 46 zoning bylaw adopted between apply to specific area of city Numerous site specific amendment and minor variance approval create confusion Inconsistent in format, structure, layout and difficult to navigate and understand Bylaw focus on use, density, height, setback, parking separate incompatible land use New bylaw focus on build type, how building fit to surrounding, built to boundary Develop innovative, user friendly & web based zoning bylaw

14 WHY MARKHAM BYLAW REVIEW Traditional Zoning (Euclidean model) District Based Segregation of Land Uses Uniformity in Neighbourhoods Limited Design Standard Setback Emphasis on Individual Uses of Property Focus on Site and Little on Right-of-Way New Zoning (form based) Neighbourhood / Street Based Mixed Use Diversity in Neighbourhood Focus on Building / Site Form Build to Lines Emphasis on Building Use & Building Relation Focus on Street & Streetscape

15 WHY MARKHAM BYLAW REVIEW Official Plan Mandate Maintain character of established neighborhood Protect natural Environment, agricultural land Promote Intensification to allow growth Transit build form from low rise to mid rise and high rise Provision for shared housing and second suite Protest employment area and expand opportunity for a range of employment use Incorporate standards to achieve sustainability and transportation objectives Address site specific issue such as drive thru, place for worship

16 PROJECT An open information session is required for bylaw change in conformity of Official Plan Review At least one public meeting with 20 days notice and allow all in meeting to speak After hearing from public, council might decide to proceed or revise bylaw change For revising bylaw change, council might hold another public meeting After bylaw passed by council, it must give notice of bylaw passing within 15 day Member of public may apply for OMB appeal within 20 days notice of bylaw passing City staff conducted zoning issue analysis between May 2014 thru Oct 2015 City staff is now working Strategic Direction report to guide drafting new the zoning bylaw since Sept 2015

17 PROJECT

18 Key Review Areas Key Issues New Bylaw Consideration Current City Regulation Official Plan able to protect undesirable change but not encourage change & growth Frame for sustainable growth protect greenway, shared housing & park, protect employment land, urban design corridor, green roof, white roof, automobile and bicycle parking Land use define for residential, mixed use, commercial, employment, greenway, hamlets, countryside, private open space, transportaion & utilities, parkway belt west and future urban area Encourage change and growth define uses, building types, heights and densities, development standards specific use on site specific convenience retail, day care, place of worship, auto related uses, funeral homes, outdoor display and storage, affordable and shared housing conform with heritage conservation district, secondary plan, section 37

19 Key Review Areas Key Issues New Bylaw Consideration 46 Existing Bylaws inconsistent definition, structure, format, layout create confusion Item need to bring forward or don t need or should go to standard Site Specific Zoning inconsistent between site with some allow new use new definition while other dont Need to decide what to become bylaw and how to deal with non-conform Need to deal with non comforming / compliant site specific bylaw

20 Key Review Areas Key Issues New Bylaw Consideration Minor Variance 41% setback related, 15% lot size related, 14% building volume related Need to decide what to become bylaw or treat as legal non-complying Infill Housing incompatibility of redevelopment or new lot in established neighbour Older bylaw and infill bylaw 1990 need update to control redevelopment Need existing bylaw be kept Need infill bylaw be kept consider control on height, no of storey, setback. Minimum lot frontage, depth, garage width, lot coverage, Floor area ratio

21 Key Review Areas Key Issues New bylaw consideration Interface between Resident & non resident incompatibility due to emission, noise, odour facilities such as airport, rail, industries, waste, energy generator, day care, education, health need to consider adverse effect to neighbourhood Official plan provides buffer and setback for major facilities, highway, rail, pipeline, commercial / employment area Prohibit use of propane gas, automobile related use, drive-thru near residential area Minimum distance from livestock facilities Residential Accessory Size, height, location, permitted use, privacy to neighbour overlook. impact on landscaped area Do not permit accessory for human habitation and consider if occupation should be permitted Consider whether to exempt such structures as retaining walls, statues, light standards, air conditioning units, children s play structures, solar panels

22 Key Review Areas Key Issues New bylaw consideration Residential Amenity Space Outdoor amenity space exist in some site specific zoning Outdoor and indoor common amenity space needs multi-unit residence Include private amenity space for townhouse and common amenity space for building with more than 20 unites Determine amenity space per unit Private indoor amenity space need for townhouse Determine if indoor and outdoor amenity space standard need Determine if balcony, porch considers amenity space

23 Key Review Areas Key Issues New bylaw consideration Home Occupation Bylaw and official plan permit home occupation, home business Must be operated by resident and no more than 1 employee define home occupation Can occupy up to 25% space No zoning standard to prevent negative impact to neighbour No outdoor storage Limited no. of student for instructional home occupation Required parking for customer, nonresident employee Do not permit manufacturing, animal care, food production, auto related service

24 Key Review Areas Key Issues New bylaw consideration Parking Standard 8 types of resident 46 types non-resident 25 parking ratio, parking design appropriate amount of parking needed for different uses right design of parking facilities (dimensions, location and access) Should bicycle parking requirements apply to new developments on a city-wide basis or only to selected areas? Should on-site loading facilities apply to large multi-unit residential buildings for garbage trucks? Consider varying parking ratios by area, blended parking ratios in mixed-use settings, maximum parking ratios, as in Markham Centre Revise parking ratios for apartment dwellings and Simplify parking calculation for places of worship prohibiting obstructions, parking in rear yards and provisions for rear lane parking Consider bicycle parking in appropriate location Consider a loading requirement for residential buildings with 30 or more dwelling units

25 Key Review Areas Key Issues New bylaw consideration Student Housing Need to determine housing suitable for student Zoning bylaw does not distinguish student from other occupant How to deal with rooming housing in bylaw Review zoning bylaw in Markham center to provide large housing type suitable for student Introduce university zone(s) for university related uses such as purpose built student housing public authorities that build and operate student housing can set restrictions on occupancy (not private operator) Develop a municipal student housing strategy

26 Key Review Areas Key Issues New bylaw consideration Affordable & Shared Housing province allow secondary suite, shared housing in detached, semi, townhouse definition of shared housing consistent with official plan, fire code, building code Province prohibits zoning by-laws prohibit distinguishing between related and unrelated persons with respect to occupancy of buildings Province recommend remove barrier for disabilities determine which zones allow shared housing, such as rooming houses Include secondary suite in new bylaw and determine number of secondary suite permit in same lot determine parking requirement for share housing, secondary suite explore licensing option

27 Key Review Areas Key Issues New bylaw consideration Rooming Housing Rooms in a rooming house are typically defined as having either washroom or kitchen facilities within the room, but not both A group of unrelated persons can live in dwelling, as a single housekeeping unit, sharing bathrooms and kitchen Planning act prohibits by-laws distinguishing between related and unrelated persons with respect to occupancy of buildings Placing a limit on the number of occupants of a dwelling would discriminate against related or unrelated large households Need to identify zones in Markham where rooming houses can be permitted Need to clarify maximum number of rooms in a rooming house Need to identify standards such as parking, building alteration for rooming houses Need to determine rooming house license Any building alterations must meet Building Code and Fire Code requirements (where applicable) and may require obtaining a building permit Need to ensure the Building Code and Fire Code are complied with if alterations made to the building

28 Key Review Areas Key Issues New bylaw consideration Medical Marihuana Production Medical marijuana is not addressed in official plan nor zoning bylaw Where should medical marihuana production facilities be permitted? Industrial zones? Agricultural zones? negative impacts on surrounding properties include odour, security and distribution Define medical marihuana production facility identify zones in industrial areas where medical marihuana production permitted Should medical marijuana permitted in agricultural area Consider medical marijuana facility only tenant in the building and restrict outdoor storage Consider distancing provisions from sensitive land uses (e.g. schools)

29 Key study areas Key Issues New Bylaw Consideration Greenway & Special Area restrict development in greenway development in hazard area regulated by TRAC Address Official Plan Greenway policies (including Oak Ridges Moraine and Greenbelt Plan areas) Create one Greenway zone permitting minimal development in consistent with official plan Create up to 5 greenway zone reflecting official plan policy Limited use permitted in greenway and no development in key natural and hydrologic area

30 Key study areas Key Issues New Bylaw Consideration Place of Worship Existing zoning by-laws define and regulate places of worship differently Determine appropriate zoning standards for sites with a place of worship Architectural elements associated with Places of Worship = some existing bylaws allow these features to go beyond the permitted height by a certain amount site specific zoning allow in residential, business, community for worship How to address parking and accessory uses appropriate parking rates and Architectural elements appropriate accessory or additional uses that may be associated with a place of worship appropriate floor space that should be dedicated to no worship, community type uses (accessory uses)

31 Key study areas Key Issues New Bylaw Consideration Automotive Uses Where should automobile used be located? What regulation is appropriate such as lot area need, setback, landscape, outside storage, sales of propane consideration Define all automotive uses Address propane sales (permitted locations & regulations) Consider specific zone for fuel stations & accessory uses Limited auto body shops to employment areas Consider how to deal with vehicular storage Establish appropriate setbacks and landscape buffers for auto uses adjacent to residential Consider maximum lot coverage for fuel stations

32 Key study areas Key Issues New Bylaw Consideration Drive Thru Land use conflict - noise, hour of operation, Site design - stacking lane, setback Principal use vs accessory use Prohibition vs regulation Incorporate locational criteria to restrict drivethrough in specific areas Apply minimum separation distances and setbacks Specify stacking lane requirements definition for double drive-through and provide restriction on them Regulate location of access driveways Require fencing and landscaping Define drive-through as accessory to a principal use

33 Key study areas Key Issues New Bylaw Consideration Adult entertainment Adult entertainment parlours are legal and operate under the laws of Ontario and Canada distinguish adult entertainment body rub parlour from massage therapy or therapeutic services Site specific zoning by-laws permit adult entertainment uses at two Markham locations, Zoning By-laws and Official Plan do not contain regulations or policies specific to body rub parlours municipal license regulate erotic rub parlours Ensure zoning bylaw is consistent with municipal license of erotic body parlour Repeal existing permission on adult entertainment Establish regulations (e.g. zone separation distances) for adult entertainment uses

34 Key study areas Key Issues New Bylaw Consideration Addiction & Recovery Centre Controversial Needle exchange and methadone maintenance treatment exist in York Region defining recovery and addiction clinics, in particular methadone clinics, as a distinct use in the new zoning by-law shall Markham define different than clinics or hospital? Consider establishing separation distances from sensitive land uses (e.g. schools)

35 WELCOME TO JOIN ZBL REVIEW COMMITTEE URA MARKHAM BYLAW SUB-COMMITTEE