City of MARKHAM Task 12: Infill Zoning Standards and Interface Between Residential and Non-Residential Uses Comprehensive Zoning By-Law Project

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City of MARKHAM Task 12: Infill Zoning Standards and Interface Between Residential and Non-Residential Uses Comprehensive Zoning By-Law Project City of MARKHAM Task 12: Infill Zoning Standards and Interface between Residential and Non-Residential Uses Comprehensive Zoning By-law Project Draft 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 Draft CONTENTS 1. Introduction 1 2. Infill Zoning 2 2.1 Markham Official Plan 3 2.2 Existing Markham By-laws 5 2.3 Other Municipal Infill Zoning By-laws 8 2.4 Recent Markham Studies on Infill Development 10 2.5 Conclusions and Options Regarding Infill Zoning 11 3. Interface Between Residential and Non-Residential Uses 14 3.1 Ministry of the Environment D1 and D6 Guidelines—Land use Compatibility 14 3.2 Provincial Policy Statement 2014 15 3.3 Markham Official Plan Policies Regarding Residential and Non-Residential Interface 15 3.4 Markham Existing Zoning By-laws Regarding Standards for Compatibility Between Residential and Non-Residential Uses 17 3.5 Other Municipal Zoning By-law Standards Regarding the Interface Between Non-Residential and Residential Uses 19 3.6 Conclusions Regarding the Interface Between Residential and Non-Residential Uses 22 APPENDIX 1. Markham Official Plan Policies Regarding Infill Development 27 2. Markham Infill Zoning By-law Provisions 31 3. Infill Zoning By-law ProvisionsDraft from other Ontario Municipalities 34 4. Ministry of the Environment D1 and D6 Guidelines—Land use Compatibility 42 5. Markham Official Plan Policies Relating to Interface between Residential and Non-Residential Uses 44 6. Existing Markham Zoning By-law Provisions Relating to Interface Between Residential and Non-Residential Uses 48 7. Other Ontario Municipal Zoning By-law Provisions Regarding Interface issues Between Residential and Non-Residential Uses 51 Draft Task 12: Infill Zoning Standards and Interface Between Uses 1. INTRODUCTION This paper addresses infill zoning standards and the interface between residential and non- residential uses as part of a series of discussion papers prepared for Phase 1 of Markham’s New Comprehensive Zoning By-law Project. The intent of this paper is to provide guidance for the overall strategy to inform the drafting of the new comprehensive zoning by-law. Markham Council has approved several infill zoning by-laws over the years to address issues relating to the compatibility of redeveloped houses and new lot creation in established residential areas and to protect the existing character of these neighbourhoods. The by-laws are reviewed in this paper and compared to approaches in other municipalities. The interface between residential and non-residential uses is intended to address land use compatibility. At one time this concern was at the foundation of modern zoning which resulted in zones with distinct land use categories.Draft Over the past number of years many municipalities have moved away from strictly segregating all zoning categories by use towards more zones with a rich blend of uses, instead focussing zoning regulations in these areas on built form issues. Nevertheless, mitigating the impact of incompatibility between certain non-residential uses and residential uses continues to be an important challenge for modern zoning. The paper will explore how current Markham zoning by-laws address this issue and compare this with a number of approaches by other municipalities to draw lessons and options for the new zoning by-law. A list of reference documents that were consulted as part of this review is provided at the conclusion of the paper. This paper will be included as part of the public consultation for Phase 1, scheduled for the Fall of 2015. Comprehensive Zoning By-law Project 1 Task 12: Infill Zoning Standards and Interface Between Uses 2. INFILL ZONING The intent of this part of the report is to provide guidance for the new comprehensive zoning by- law to regulate redevelopment in established neighbourhoods in order to ensure compatibility with the pattern of existing development in the area. It builds on previous work completed by the City in 2010 and 2012 reviewing the implications of infill housing on a number of parent by-laws, as well as regarding specific neighbourhoods such as Sabiston/Oakcrest/Riverbend, Hughson Drive and Varley Village. For the most part, the infill standards examined in this report will address the redevelopment of individual properties within established neighbourhoods. However, these standards would also apply to larger lots which could be subdivided and require a plan of subdivision for redevelopment to occur within established neighbourhoods. This paper does not address infill developments that are outside of established residentialDraft neighbourhoods. The redevelopment of houses within established residential neighbourhoods, is a trend that the City of Markham has been increasingly experiencing for approximately the past two decades or so. Typically, older, established neighbourhoods are characterized by generous lot sizes with an original and predominant building form from the 1950’s and 1960’s that is much more modest than today’s standards. Houses in these established neighbourhoods have been demolished and rebuilt, or altered, and in many cases, have resulted in an increase in the total gross floor area. This has raised local resident concerns with respect to the compatibility of these larger houses within established neighbourhoods and the impact of these homes on the existing character of the area. In addition, in some instances severances of larger lots in established neighbourhoods have also raised concerns with the compatibility of the newly created smaller lots and the predominant pattern of existing lot sizes in the area. 2 City of Markham Task 12: Infill Zoning Standards and Interface Between Uses The redevelopment of established residential neighbourhoods, as described above, was largely made possible because the zoning by-laws enacted at the time that these earlier neighbourhoods were created, did not include a full range of regulations to control new development to adequately fit in with the then established pattern of development. Markham Council responded in the early 1990’s with a series of amending infill overlay by-laws for certain established neighbourhoods, identified based on public input and Council direction, to ensure compatibility of redevelopment and to help maintain the character of neighbourhoods experiencing development pressures. More recent by-laws for low rise residential areas developed after the 1990’s, have incorporated regulations that fit these areas better, directly into the body of the zoning by-laws. It is clear that Markham’s original neighbourhoods have evolved and undergone some change over the years. In some cases what was once an area of one storey houses has evolved to become a mix of one and two storey houses that coexist quite well together. In other areas some lots have been severed and built on to create a greater variety of lot sizes and building conditions. Markham’s zoning and infill standards have also evolved to address these changes and will need to be reflected in the new zoning by-law. Some of these changes are echoed in studies on lot severances and infill standards that have recently been completed for a number of areas. The amending by-laws affecting pre 1990 residential neighbourhoods will be reviewed and compared to similar by-laws passed around the same time in other Ontario municipalities, to determine options for addressing infill development as part of the new comprehensive zoning by- law. The more recent Markham infill studies will also be reviewed to assess how standards have evolved to fit particular circumstances. An important consideration in addressing infill standards for the new comprehensive by-law is that these regulations and standards need to be as simple as possible in order to make them easily understood by residents of Markham’s neighbourhoods who will be most directly affected by them. 2.1 Markham Official Plan Section 8.2.3.5 of the new Official Plan contains policies relating to infill development that directly affect development approvals for redevelopment within existing residential neighbourhoods. They can also be used to help guide regulations that are incorporated into the new comprehensive zoning by-law. The Section is reproduced below in full. “In considering an application for developmentDraft approval on lands designated ‘Residential Low Rise’, Council shall ensure infill development respects and reflects the existing pattern and character of adja- cent development, by adhering to the development criteria outlined below, in addition to the criteria in Section 8.2.1.3 and the area and site specific policies of Sections 9.3.3, 9.13.2, 9.14.2, 9.18.5, 9.19.2, unless otherwise specified in aheritage conservation districtplan: a. the lot frontage(s) and lot area(s) of the proposed new lot(s) shall be consistent with the sizes of existing lots on both sides of the street on which the property is located; b. the proposed new building(s) shall have heights, massing and scale appropriate for the site and generally consistent with that permitted by the zoning for adjacent properties and properties on the same street; c. front and rear yard setbacks for the new building(s) shall be consistent with the front and rear yards that exist on the same side of the street; Comprehensive Zoning By-law Project 3 Task 12: Infill Zoning Standards and Interface Between Uses d. the setback between new building(s) and the interior side lot line shall increase as the lot frontage increases; e. the new building(s) shall have a complementary relationship with existing buildings, while accommodating a diversity of building styles, materials and colours; f. existing trees and vegetation shall be retained and enhanced through new street tree planting and additional on-site landscaping; g. the width of the garage(s) and driveway(s) at the front of new building(s) shall be limited to ensure that the streetscape is not dominated by garages and driveways; h.
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