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Task 4A: Review & Assessment

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Task 4A: Review & Assessment City of MARKHAM Task 4A: Review & Assessment - Site Specific Zoning Amendments Comprehensive Zoning By-law Project Markham Zoning By-law Consultant Team Gladki Planning Associates, R. E. Millward and Associates, Woodfield Consulting, Clarion Associates and Anthony Usher Planning Consultant August 17, 2015 (Revised February 12, 2016) Contents 1. INTRODUCTION 1 1.1 Purpose 1 1.2 The Types of Amending By-laws 1 1.3 By-laws that Amend Multiple Parent Zoning By-laws 4 1.4 The Infill Area and Heritage Zoning By-laws 5 1.5 Site Specific Zoning By-laws 5 1.6 Types of Amendments 7 2. CASE STUDIES 8 2.1 City of Toronto Zoning By-law 569-2013 8 2.2 City of Ottawa By-law 2008-250 10 2.3 City of Mississauga Zoning By-law 0225-2007 10 2.4 Town of Oakville Zoning By-law 2014-014 12 2.5 City of Hamilton Zoning By-law 05-200 13 3. CONSIDERATIONS AND CONCLUSIONS 14 APPENDIX A: List of Amendments (other than By-law 177-96) 17 B: List of Amendments to By-law 177-96 183 C: Sample Site Specific By-laws 243 Task 4a. Site Specific Amendments 1. INTRODUCTION 1.1 Purpose The purpose of this report is to review and assess the complete inventory of zoning by-law amendments to Markham’s current 46 zoning by-laws. The analysis is designed to identify the issues and types of by-law amendments that have occurred overtime in an attempt to recognize any trends that may warrant consideration in developing a new comprehensive zoning by-law. Chapter 1 will review the background of the “amending by-laws” in terms of the type and number of amending by-laws per parent by-law, the different ways that amending by-laws have been structured, and identification of trends and issues that were identified as part of the review. Chapter 2 will provide a brief review of “case studies” on five other jurisdictions (Toronto, Ottawa, Mississauga, Oakville, and Hamilton) in terms of how they dealt with and recognized site specific and city wide zoning by-law amendments in their new city-wide zoning by-laws. Chapter 3 will provide considerations and conclusions as to how Markham’s new city-wide zoning by-law can best recognize existing site specific zoning permissions, matters that may need to be not recognized moving forward, and the possible use of transition or grandfathering provisions in the new by-law. This report will be included as part of public and stakeholder consultation on the new comprehensive zoning by-law scheduled for the Fall of 2015. 1.2 The Types of Amending By-laws As noted in the Task 3 Report- Review & Assessment of Existing City Parent Zoning By-laws, Markham’s 46 zoning by-laws have been and continue to be amended numerous times. These amendments can involve many issues or one issue across many zoning by-laws (referred to as ‘omnibus by-laws’), can involve particular issues or an issue in one particular zoning by-law (e.g., the infill area by-laws), or can involve a particular development on a parcel of land, most commonly referred to as a ‘site specific zoning by-law’. We have reviewed 2,798 zoning by-law amendments, which break down as follows: Comprehensive Zoning By-law Project 1 Task 4a. Site Specific Amendments i. Number of By-law amendments approved and in place: 2,562 ii. Number of By-law amendments rescinded, replaced, repealed, or deleted: 235 iii. Number of By-law amendments that apply to more than one parent by-law: 104 iv. Number of By-law amendments that apply to only one parent by-law: 2,694 Table 1 indicates the breakdown of the number of amending by-laws by each parent by-law, showing both the total number amendments that have been made to each parent by-law and the total number of amending by-laws that are in effect to date to each parent by-law. This listing would include omnibus by- laws, the infill area by-laws, as well as the site specific zoning by-laws. The parent by-law with the most in place zoning by-law amendments is By-law 177-96 with 451 by-law amendments. Of the 104 by-law amendments that apply to more than one parent by-law, 25 are associated with city- wide zoning issues, while the majority of the other by-laws deal with properties that are to be “removed” from one by-law area and “placed” in another zoning by-law area. A vast majority of the zoning by-law amendments are application driven, involving new developments on specific sites, as well as developing new zones and definitions that are either introduced to the parent zoning by-law or apply to a specific site only within the parent zoning by-law. TABLE 1: Number of Amending By-laws by Parent By-law # of Amending By-laws in Parent By-law Number # of Amending By-laws effect 1229 268 232 1442 36 34 1507 34 28 1767 107 93 1914 18 18 2053 24 22 2150 79 71 2237 108 100 2402 17 16 2489 38 35 2551 58 54 2571 39 36 2612 49 46 2284-68 51 51 11-72 48 45 122-72 244 234 77-73 35 35 83-73 34 31 119-73 69 28 151-75 57 54 88-76 50 47 2 City of Markham Task 4a. Site Specific Amendments # of Amending By-laws in Parent By-law Number # of Amending By-laws effect 127-76 48 45 250-77 33 30 145-78 26 24 162-78 29 26 163-78 46 43 184-78 44 41 72-79 39 35 91-79 33 30 118-79 77 73 134-79 75 72 153-80 60 57 165-80 209 208 72-81 39 36 90-81 208 194 108-81 168 166 193-81 69 68 221-81 29 27 28-82 59 58 194-82 30 28 196-82 24 22 47-85 40 36 304-87 350 343 19-94 13 13 177-96 259 230 2004-196 40 40 The inventory and analysis of the amending by-laws has been organized into two groups. Appendix ‘A’ outlines each of the amending by-laws for all zoning by-laws except By-law 177-96. Appendix ‘B’ are the amendments to By-law 177-96 only.1 1 By-law 177-96 organizes amendments completely differently from the other 45 parent zoning by-laws, that it was necessary to create two different appendices. This is explained further in the review. Comprehensive Zoning By-law Project 3 Task 4a. Site Specific Amendments 1.3 By-laws that Amend Multiple Parent Zoning By-laws These types of by-laws amend specific regulations around a particular planning issue or sets of issues. Examples include by- laws concerning changing regulations to parking standards (By- law 28-97), home occupation (By-law 53-94), a new definition of ‘adult entertainment parlour’ (By-law 73-86), the deck provisions (By-law 142-95), prohibiting casinos (By-law 247-98), and redefining the land use term ‘public authority’ (By-law 2009-96). Up until 2014, there were 20 in effect city-wide zoning by-law amendments. In 2014, an additional four city-wide zoning by-law amendments were passed, as well as a further amendment to the city-wide parking standards by-law (By-law 28-97). These ‘omnibus by-laws’ list the parent zoning by-laws to which the amending by-law apply, such as the example below pertaining to By-law 247-98. These omnibus by-laws in many cases introduce or amend existing definitions in the parent by- laws, outline which section or sections are amended and explain how the amending regulations are to be applied in the parent zoning by-law. One parent by-law, By-law 177-96, is frequently updated and incorporates amendments in a different manner than the other 45 parent zoning by-laws. For example, the application of By- law 247-98 to By-law 177-96 originally amended “Section 6” of By-law 177-96, which was the definition section in By-law 177-96 at that time. In 2005, By-law 177-96 was restructured to move the definitions section to “Section 3”. Based on a review of the current updated version of By- law 177-96, the definitions for “Recreational Establishment” and “Place of Entertainment” are found in the definitions section (now Section 3 of By-law 177-96), but without reference to the amending by- law which introduced those definitions originally. By contrast, By-law 1229 simply has reference to the amending by-law definitions and the amending by-law is also attached to the parent by-law for further understanding of how it applies to that particular parent zoning by-law. This latter system creates a “patchwork” of amendments, that show their amending by-law origins, but which over time create a very confused legislative document. Another interesting question is how do parent by-laws that were established after an omnibus by-law was passed deal with such amendments? A case in point is By-law 73-86 which was passed by Council in 1986, which in part, established a new definition for “Adult Entertainment Parlour”. All parent by-laws passed prior to 1986 were subject to the amendments established in By-law 73-86. The “rural area by- law” (By-law 304-87) was passed subsequently in 1987 and it incorporated the same definition for “Adult Entertainment Parlour” as By-law 73-86.
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