Corporate Report Report from Planning and Building Services, Planning Services Date of Report: November 23,2016 Date of Meeting: December 5, 2016 Report Number: PBS-330-2016 File: 60.35.2.1 Subject: Interim Control By-law to support Residential Infill and Intensification Development Review Recommendation 1. That Council pass an Interim Control By-law, pursuant to Section 38 of the Planning Act, for a period of up to one year, prohibiting multi-unit development and new lot creation on all properties zoned Low Density Residential Suburban Neighbourhood (R1) in the City s Zoning By-law 2013-283, to the date of adoption of the Interim Control By-law to enable the Council directed review of residential infill and intensification development policy, zone standards and implementation procedures and mechanisms. 2. That the Interim Control By-law prohibit within the Low Density Residential Suburban Neighbourhood (R1) zone, the following: a) All new development, save and except the following: i) A new detached dwelling on a lot of record existing at the date of adoption of the interim control by-law, providing it is in accordance with By-law 2013-283, including any approved minor variances to By-law 2013-283;, ii) A new interior accessory dwelling unit, providing it is in accordance with By-law 2013-283, including any approved minor variances to Bylaw 2013-283; iii) A new addition to any legally existing residential dwelling at the date of adoption of the interim control by-law, providing it is in accordance with By-law 2013-283, including any approved minor variances to Bylaw 2013-283, and providing it does not create an additional dwelling unit (except for an interior accessory dwelling unit); iv) A new accessory structure or additions to an accessory structure, provided it is in accordance with By-law 2013-283, including any approved minor variances to By-law 2013-283. Report Page 1 of 5
b) Creation of any new vacant lot. 3. That any planning application or building permit application submitted prior to the adoption of the Interim Control By-law, and deemed to be a complete application prior to the date of adoption of the Interim Control By-law, shall not be subject to the Interim Control By-law 4. That the City Solicitor be directed to prepare the necessary By-law; and That the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council s decision; and That the Notice of Decision required by the Planning Act, R.S.O. 1990, as amended, be processed by staff; and That upon expiration of the appeal period, staff be directed to forward any appeals to the Ontario Municipal Board for consideration and final decision; and Further, that the Clerk be directed to make all necessary notifications. FORTHWITH Background Concern with the current policy framework respecting infill and intensification development in established residential neighbourhoods has been identified by Council. On September 12, 2016, Council passed a resolution directing staff to review Official Plan policy, Zoning By-law standards, and development review procedures as it applies to residential infill and intensification development. The resolution is as follows: Whereas intensification is a desirable principle which reduces urban sprawl and more efficient use of infrastructure; and Whereas intensification should not be used by developers as the sole rationale for every development proposal, but instead be used only if the development is compatible with the neighbourhood; and Whereas some proposed severances may result in incompatible development within neighbourhoods; and Whereas some neighbourhoods are being targeted for severances that are not compatible with their neighbourhoods, and Whereas we have examples of severances whereby housing is being constructed to the detriment of neighbourhoods; Therefore Be It Resolved that the City s Official Plan policy and Zoning by-law standards for infill development within neighbourhoods be reviewed and that staff Report Page 2 of 5
consider criteria to evaluate severance applications including, but not limited to, the following: site layout including building footprint, parking area location, landscaped areas architectural elevations proposed building material similar design criteria which contribute to infill development that is sensitive to the established neighbourhood; and compatibility with neighbouring properties Be It Further Resolved that staff examine the merits of establishing a design review committee consisting of staff and knowledgeable volunteers to provide input into the review of development applications using Council approved planning policy and design guidelines as the basis for review, and Be It Further Resolved that the review of the severance procedures be such that there will be an opportunity for citizens to give their input into the process; and Be It Further Resolved that staff be directed to report back to Council regarding the items in this motion, and the possibility of immediately applying the urban design policies that are already in place for developments of over four (4) units to properties less than four (4) units including single lot severances to ensure compatibility with the neighbourhood. To allow sufficient time to undertake the review, and in the interim to preclude any new development or creation of new lots that may otherwise not be permitted as a result of review findings and recommendations, staff recommend that an interim control by-law be placed on all properties in the municipality that are zoned Low Density Residential Suburban Neighbourhood (R1) in the City s Zoning By-law 2013-283. The interim control by-law will prohibit (with limited exceptions) any new multi-unit development (semi-detached, townhouse, quadruplex, and private road development) and any new vacant lot creation in the Low Density Residential Suburban Neighbourhood (R1) zone until such time as the staff review, as directed by Council, is completed. Report The City s Official Plan (Garden City Plan) was formally adopted by the Region of Niagara in July, 2012. In keeping with the direction of the Provincial Policy Statement (PPS) and the Provincial Places to Grow (P2G) Plan, the Garden City Plan (GCP) establishes a policy framework supporting intensification and infill development within residential neighbourhoods to accommodate future housing growth. This policy direction is balanced by a number of GCP policies that emphasize design principles for infill and intensification development in a manner to support compatible and context sensitive building, site, streetscape and neighbourhood design. The City s new Zoning By-law 2013-283, adopted in December, 2013, builds upon GCP policies, and establishes lot and building standards that allow a greater mix of housing Report Page 3 of 5
types, more compact development and built form, and smaller lot creation in residential neighbourhoods. Through a continuous monitoring program of the Official Plan and Zoning By-law since their adoption, staff have identified that in a number of residential neighborhoods, current policy and development standards may not be appropriate to ensure compatible and context sensitive infill and intensification development in all instances. The area of concern is most relevant to neighbourhoods zoned Low Density Residential Suburban Neighbourhood (R1) in the City s Zoning By-law 2013-283, and which are generally characterized by larger parcel fabrics and predominately single detached dwellings. Interim Control Section 38 of the Planning Act permits a municipality to pass an interim control by-law prohibiting the use of lands, buildings, or structures for such purposes as set out in the by-law for a period of one year, with the right to extend the by-law for a further one year. Part F, Section 16.5 of the GCP enables the City to enact an interim control by-law pursuant to the Planning Act to limit the use of certain lands until such time as a review or study of the subject lands, as directed by Council, has been undertaken. In respect of the Council resolution as set out above, staff are recommending that interim control be placed on all residential properties zoned Low Density Residential- Suburban Neighbourhood (R1). Staff recognize that infill and intensification developments often, although not always, generates significant public concerns. This public concern warrants a further review of the existing policies, zoning and implementation procedures to ensure infill and intensification is achieved with the upmost regard for existing neighbourhoods. The purpose of the interim control by-law is to prohibit any new multi-unit development (semi-detached, townhouses, quadruplexs, and private road developments), and any new vacant lot creation in the Low Density Residential- Suburban Neighbourhood (R1) zone, until such time as the staff review, as directed by Council, is complete. It would not preclude development of new detached dwellings on existing lots of record, building additions, interior accessory apartments, or accessory structures providing these are in accordance with the zoning by-law, or the zoning by-law as amended by minor variance approvals by the Committee of Adjustment. Any planning application (including but not limited to site plan approval, minor variance, severance, draft plan of subdivision/condominium, zoning amendment, official plan amendment, subdivision agreement, part lot control by-law etc) or building permit application submitted prior to the adoption of the interim control by-law and deemed to be a complete application prior to the adoption of the interim control by-law shall not be subject to the interim control by-law. Similarly, lots created to recognize new lots for existing developments or dwellings under construction, shall not be subject to the interim control by-law. Report Page 4 of 5
The interim control by-law will affect a significant number of properties currently zoned, or partially zoned Low Density Residential Suburban Neighbourhood (R1) in the municipality. Appendix 1 identifies the properties zoned Low Density Residential Suburban Neighbourhood (R1). The interim control by-law will afford staff sufficient time to undertake the review, and in the interim, restrict any new development or lot creation that may otherwise not be permitted pending recommendations for land use policy or zoning changes as a result of the study. Staff anticipate that the review will take approximately three additional months to complete, and a staff report on review findings and recommendations brought before Council for consideration in the 1 st quarter of 2017. Financial Implications Not applicable. Relationship to Strategic Plan The interim control by-law is a mechanism to support the review of residential infill and intensification policies, development standards and procedures with the goal to ensure compatible and context sensitive building, site, streetscape and neighbourhood design. In this respect, this report supports: Strategic Plan Goal 4 to strive for the highest quality of life for all citizens; and Goal 5 to connect people, places and neighbourhoods, specifically as it relates to Action 5.2 to establish a complete neighbourhoods matrix to ensure that redevelopment of properties enhance the livability of neighbourhoods Notification Notification of the passing of the interim control by-law will be provided in the local newspaper (St. Catharines Standard) as required pursuant to the Planning Act, and will also be placed on the City s website. Prepared by: Bruce Bellows, Policy Planner Submitted by: Judy Pihach, MCIP, RPP Manager of Planning Services Approved by: James Riddell, M.PL., MCIP, RPP Director of Planning and Building Services Report Page 5 of 5
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