WSP Consultant Team (Practice Lead, Nadia De Santi and Senior Planner, Anita Sott) took turns in providing an overview of the Second Draft Zoning By-law and Zoning Map. The documents were prepared in accordance with the recommendations set out in the Zoning Strategy Report (September 2020), and presented to the PAC on September 21, 2020, as well as comments on the First Draft Zoning By-law (January 2021) received from members of the public though a virtual Public Open House and online survey held from February 1 through February 14, 2021, and from a PAC meeting held on February 16, 2021.
The consultants addressed further revisions and improvements made to the documents' format and structure. They described key changes such as: colour coded sections, zone icons, a preamble for each zone, simplified and alphabetized permitted uses, and organized zone standards using tables and metric measurements. They explained how site-specific exceptions have also been organized under each Zone and numbered on the Zoning Map. The Map illustrates the proposed zoning for all properties within the city, and boundaries are outlined in red. The Legend lists the Zone acronyms used on the Map and indicates the applicable zone. The Definitions section sets out the precise meaning of a permitted use, or other zoning terms, and the General Provisions section sets out provisions that may apply to all zones or multiple zones, depending on the proposed use. New general provisions have been added to guide the development of boathouses as an accessory use on waterfront properties. New provisions have also been added to direct how to apply angular planes to building heights, and to permit the use of small-scale urban horticulture uses in the Highway Commercial Zone and in Employment zones. Key changes to the general provisions with respect to maximum driveway size requirements, minimum parking space and barrier-free parking requirements were also addressed. They described how the Second Draft By-law document contains a total of 26 zones and that some zone acronyms have changed. Permitted uses in some zones have been revised, such as zospices permitted in all zones where hospitals are permitted, and Day Care Centres permitted in Residential zones. They described how the maximum lot occupancy and landscaping requirements are now consistent across all Zones for triplexes, quadruplexes, and apartment dwellings. The minimum rear yard setbacks for residential uses have decreased to 8 m across all zones, and the minimum interior side yard setbacks are clarified for single detached, semi-detached, and duplex dwellings. Each Zone has been updated with a maximum building height standard for all permitted uses. They advised that the concept of a Floodplain Overlay described in the First Draft Zoning By-law was removed and that the City's existing Environmental Constraint - Floodplain zone and current floodplain boundaries will be maintained. The boundaries of the EC-F Zone will be reviewed by the City at a future date separate from the Zoning By-law Review project, and upon completion of a Comprehensive Watershed Floodplain Modelling and Mapping Study. The consultants reiterated that community engagement continues to be ongoing, and that a Statutory Public Open House is set to take place virtually from August 30th to September 10th, 2021. The Final Draft Zoning By-law is anticipated to be prepared in October 2021, and will be published on the City's website 20 days before the Statutory Public Meeting to be held in the Fall of 2021. The Final Zoning By-law and Council adoption is expected for December 2021.
Chair Elaine MacDonald asked if there were any questions and/or comments from PAC members.
Councillor Dean Hollingsworth had concerns regarding the new angular planes provision and asked whether a builder who proposes to construct in a Central Business District Zone for example, would have to apply the 60-degree angular plane and step their building back, even if the building is located next to another tall building.
Planning's Division Manager, Mary Joyce-Smith replied that the provision of angular planes already exists in the City’s current Zoning By-law, therefore, it is not new and is simply being introduced to direct staff and public on how to apply angular planes to building heights.
Senior Planner, Anita Sott clarified that a building being proposed adjacent to an existing tall building (over 13.5 m in height/not a low rise), would not need to have an angular plane to the side lot line. The angular plane would only be required to the centreline of the abutting street, to prevent buildings that are out of proportion with a human scale ad that could create shadowing and tunneling effects on the street corridor. The building would potentially be stepped back or terraced from the street centre line but not to the side lot line.
Lay Member Ron Symington questioned the carport definition in the Second Draft document. He stated that since there are different setback requirements for carports versus garages, he suggested not changing the carport definition in the City's current Zoning By-law. He also questioned the maximum building height of 13.5 meters in the Prime Agricultural and Rural zones and suggested that silos be exempt from this new building height requirement.
Senior Planner, Anita Sott, replied that the maximum building height requirement in the Prime Agricultural and Rural Area zones is for main buildings. She added that there is a section in the general provisions entitled “Permitted Projections Above the Height Limit” which specifically exempts silos and other building features such as church towers, mechanical penthouses on office buildings, etc., from the maximum building height in a Zone, to allow that extra building height for those specific building features.
Practice Lead, Nadia De Santi added that the carport definition will be reviewed and discussed with City staff.
Councillor Todd Bennett asked whether existing businesses would be required to adjust their existing parking spaces to address the new provision of 1.5 meters access-aisle between spaces for barrier-free parking space, or whether this change is from present going forward.
Practice Lead, Nadia De Santi replied that the new Barrier-Free access aisle parking requirement provision of 1.5 meters in width between spaces is for all new developments, re-developments, or property expansions.
Chair Elaine MacDonald asked if a property owner wished to convert their rental units into an Airbnb, does it become a commercial enterprise as opposed to a residential. She added that some renters have been moved out of their homes because the owners decided to convert their rental units into Airbnbs.
Senior Planner Anita Sott replied that the Zoning By-law does not specifically address what is generally referred to as short term accommodations or short-term rentals such as Airbnbs. Many municipalities are electing to regulate the introduction of an Airbnb, whether it is a room or the entire house, through other means like a Licensing Bylaw. This By-law would require property owners to apply for a license or a permit to rent out their spaces. Through that mechanism, some municipalities are also introducing other provisions such as: maximum number of people that can rent the space, and maximum duration for that space. The Airbnb topic was explored through the Zoning Strategy Report and some previous public engagement opportunities, and it was decided that the Zoning By-law is not the best tool to regulate Airbnbs at this time. The City already has research information through some background reports which can be considered if this becomes an issue in the future that Council would like to address through a Licensing By-law or other means.
Chair Elaine MacDonald also asked whether Tiny Homes came up in the Second Draft revisions and discussions.
Senior Planner Anita Sott replied that Tiny Homes are already permitted in the City's current Zoning By-Law because there are no minimum dwelling unit size requirements. She added that the Zoning By-law does not explicitly address Tiny Homes, but there are no prohibitions on them through any of the provisions that have been revised or introduced.
Following a further brief discussion, Chair Elaine MacDonald called for a vote, and it was moved that the recommendation be approved as listed in the report.