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1 PAC - ORIENTATION JANUARY 19, 2015 2 LAND USE PLANNING • Concerns just about all facets of life. • Decides where homes, commercial development and places of employment should be built, for example. • Where schools and parks will be, and other services such as roads, water/sewers and other such utilities. • Provides for walkways and sidewalks helping to promote physical connectivity. 3 BACKGOUND ON LAND USE PLANNING Brief review of the following: ▫ Planning Act RSO ▫ Provincial Policy Statement (PPS) ▫ City of Cornwall’s Official Plan – available on line ▫ Zoning By-law 751, 1969, as amended – available on line ▫ Waterfront Plan ▫ Data Book 4 PLANNING ACT The Planning Act Requires a Municipality to pass an Official Plan. Provides for the Authority and structure of Municipalities to be involved in or pass Zoning ByLaws. Section 2 and 3.1 of the Planning Act for PPS. Section 8 of the Act provides for the establishment of the Planning Advisory and Hearing Committee (PAC). Section 45 and 53 outline the role of the Committee of Adjustment, Section 51 provides for Subdivisions, etc. 5 PLANNING ACT (cont’d) • Section 34 of the Act concerns the ability for Council to pass Zoning By-laws and Amendments to such. • Bill 51 came into effect in 2007 and changed some of the procedures and powers related to the Planning Act. ▫ Example: Land use planning process Notice time line extension Letters of complete application 6 ADDITIONAL REQUIREMENTS OF THE PLANNING ACT The Planning Act also asks that Council of Municipalities and others, be concerned about other key areas and to carry out its responsibilities under the Act… Some examples are: • The protection of ecological systems, including natural areas, features and functions (i.e. river courses). • The protection of the agricultural resources of the Province. 7 ADDITIONAL REQUIREMENTS OF THE PLANNING ACT (cont’d) • The supply, efficient use and conservation of energy and water. • The adequate provision and efficient use of communication, transportation, sewage, water services, and waste management systems. • The orderly development of safe and healthy Communities. 8 PROVINCIAL POLICY STATEMENT (PPS) Introduced in the mid 1990’s and became the Province’s “Official Plan” for Municipal Official Plans. Newest PPS 2014 recently revised. ▫ Municipalities must be consistent with these policies. ▫ Tries to ensure consistency across the Province in how provincial interests are handled by local governments. ▫ Examples of these are: Building Strong Communities by maintaining the well-being of downtowns and mainstreets. ▫ Ensure urban services are in place for urban development. 9 3 KEY ELEMENTS OF THE PPS 1. Manage and direct land uses to achieve efficient development and land use patterns. 2. Wise use and management of resources. 3. Protect public health and safety. 10 11 12 13 OFFICIAL PLAN • What is an official plan? • An Official Plan describes Council's policies on how land in a community should be used. • It is prepared with input from you and others in a community, and helps to ensure that future planning and development will meet the specific needs of the community. 14 15 OFFICIAL PLAN The Cornwall Official Plan (2002-2004), as adopted by City Council, is the City’s comprehensive policy document that outlines key directions and emphasis mainly on community planning and development issues: • Basis of the plan outlines Planning assumptions, Principles, and major goals. • Mandatory for all municipalities to have one. 16 OFFICIAL PLAN • 5-year reviews – ongoing for us. • Is a public document and serves as notice to the public on future development. Comprehensive in scope – 20-25 years. 17 OFFICIAL PLAN Cont’d • May be used as a basis for establishing the use of discretionary powers given to municipalities in the Planning Act. • All development matters must be consistent with it and, in turn the O.P must be consistent and promote the interest of the PPS. 18 OFFICIAL PLAN (cont’d) It provides strategic direction and a policy framework for Council, Administration, developers and citizens on: • Future long-term direction and form of the City’s growth • Land use policies i.e. Residential, Commercial Employment Lands , Rural Area, Institutional, Open Space, etc • Community redevelopment • Transportation planning • Sewer and water 19 OFFICIAL PLAN (cont’d) • Housing • Parks and recreation • Waterfront/Tourism planning • Heritage conservation • Brownfield's redevelopment 20 ZONING BY-LAW • Purpose of Zoning is to provide for current and future land uses in a Regulatory document. • Protect areas from incompatible development. • Implement the Official Plan. • In layman’s terms, the Planning Act, under Section 34 provides for municipalities to create zones which govern the land uses and/or buildings which may be located in the City. 21 ZONING BY-LAW(cont’d) In order to create consistency and compatibility of abutting land uses, the Zoning By-law regulates elements such as: • Range of permitted uses • Setbacks for structures • Height of buildings • How much parking is required 22 ZONING BY-LAW(cont’d) • Lot sizes • Minimum and Maximum densities • These are more recently being referred to as “ Performance Measures” – formerly Zoning standards. 23 ZONING BY-LAW, (cont’d) The City is divided into areas (zones) such as: • Residential – RES 10, 15, 20, 30 and 40 • Institutional – INS 10, and 20 • Industrial – MFR 10, 20 and 30 • Commercial – COM 11, 12, 51, 70 and CBD, CH, CC • Open Space – OPS 10, OPS Commercial • Rural Area and Prime Agricultural • Environmental Constraint (F - Floodplain) and (WP – Wetland Protection) 24 SSSTTT OS IO R RIIO R AAAR N NTTT O O ON AVVV LLL AAA H HEEE H C CH IC M M MIII M SSSTTT SSSTTT RRRCCC M M MAAA SSTTT EESS IIIEE U ULLL JJJJU R R C C CR AAYYY AA D DSSS N ND N LLLIIIN Y EEYYY N NEE D D DN D SSSYYY SSTTT SS C C CTTT N N NC N H HEEE C CH C TTTC R REEE R G G GR AAAVVV R R R G GEEE N NG IIIN LLLLLL G G GAAA G AAAVVV N IIIN IN U UBBB AAU AA AAVVV K AA R R RKKK W W WAAA N N NEEE VV AAAVV N N NA N M MAAA R RM O OR N N NO SSTTT SS RKKK IIIR IR N NKKK U UN D D DU SSSTTT EEYYY N NEE D DN YYD SSSYY R C CC CRR LLLLLLLL W WEEE W SSSW C CC CAAA R R R C CR LLLC ELLLL N NEEE N N NN FFFEEE SS SSTTT TTTTTT PPPIIIT PPEEE PP EEEPPP D D DIII SSSTTT D DS D N ND AAAN R RLLL R EEER M MBBB U UM C C CU SSSTTT SSTTT T SS O OTTT BBO BB AAABBB SSSTTT D DS D R RD R O OR FO D D DFFF BBEEE BB AA AAVVV LLLYYY D D DAAA AAAVVV R R EEER N NIIII R RN U UR O OU FFFO SS SSTTT LLLLLLL H HIIII C CH R RC R U UR H HU C C CH TT SSSTT R RYYY N N NR N H H HEEE SSTTT SS LDD AAALLL NNN DDDOOO AAACCC M M M IIINNN TTTAAA AAAPPP CCCA M MAAA TTTIIIIM FFFAAA SSSTTT R RS R U U UR U D DEEE D O OD R RO BBBR SS SSTTT M M MEEE M D D DAAA R R REEE R O OTTT N N NO SSSTTT D DS NDD AAANN R RLLL EEERR M MBBB U UM CC CUU W W W S STTT S H HS TT TTH N N N I I I N N N N RES RES 30 30 CC-SC E E E S STTT E H H HS H T T T I N N N N N NIII N N LLLN O OTTT BB BBO B B B AAA EEE STTT E H H HSSS T T T N N N N TTTEEE RES RES 10 10 W W W W SSSTTT H H HS T T T N N N N EEEEEE R RTTT IIIR H H H T TTT W W W W SSSTTT H H H T TTT N N N EEE EEEVVV EEELLL CC-SC CC-SC W W W W SSSTTT H H H T TTT F F F LLL W WEEE TTTW MFR MFR 10 10 EE EE SSSTTT H H H T T T N N EEEN EEEVVV EEELLLL SSSTTT NNNEEE N N N AAA COM COM 51 51 R R R D D DR N N NEEE O O O H H HLLL H AAATTT RES RES 20 20 W W EW VIIIEEE TTTVVV N N N EEE CC SSSCC REEE CCCRRR DD DDRRR VV VV YYYAAA T T T S S IIIS I R R R H H C C CH W W W TT SSSTT H H H T T T N N N N EEEEEE R R RTTT U U U O O O FFFO VVV EEEAAA LLLLLL C CEEE SSSC LLLLAAA AAVVV EE AA N NEE G G GN PAAA M MPPP AAM H HAA C C CH W W W TTTW H HSSS TTTH N N N EE EEEEE IF FFTTT FFFIIF AAAVVV M M MYYY I I I VVV RES RES 20 20 EE EE SSSTTT H H HS H T T T LLLFFF W WEEE TTTW LLLE E EE E ES S STTT AVVV SSSAAA D D DEEE R R R U U U O OU LLLO E E E S STTT S H H HS N N NTTT N E E E E EE R RTTTE R H HIIIR TTTH STTT YYYSSS M M MAAA M E E E LLL SSSTTT N N O O ON S S S L LLL N N NEEE AAAVVV DEEE IIID ID S S S N NYYY N N NN U UN SSSU 25 ZONING BY-LAW Principal regulatory tool of land use control that a Municipality has to implement O.P. policies. One of the principal activities of the PAC Committee is to review applications for amendments to the Zoning Bylaw and to make recommendations to Council, while facilitating and taking into account any Public process input. Basically, there are two types of Zoning Amendments: a) Amendment to the text, adding a Zoning district, a new definition or regulation. b) Rezone or change the Zoning Map or special area. 26 ZONING BY-LAW, (cont’d) • • • • • ZONING PROCESS Ideally, all new development and/or redevelopment must comply with the Zoning By-law. Should this not be possible, then an application for a Zoning By-law amendment may be made. Such an application is circulated to all affected property owners within a 400 foot radius. As well, the application is circulated to all listed agencies. If the zoning change is minor, it can be reviewed by the Committee of Adjustment. 27 ZONING BY-LAW, (cont’d) • Parts of the Zoning By-law date back to 1969, but many sections have been revised over the years. • Need to continuously update and revise the Zoning By-law to be in conformity with the Official Plan, and be reflective of contemporary development trends. 28 ZONING BY-LAW, (cont’d) • This was stressed even more under the new Bill 51 Regulations which called for all zoning documents to be in conformity with the Official Plan and, subsequently, for all Official Plans to be reviewed. • Important: Once the Official Plan Review is completed, resulting in an amended Plan, it is Mandatory (Under the Planning Act – Section 26 (9)) to conduct a Comprehensive Review of the Zoning to bring it into full conformity with the new Official Plan. 29 ZONING BY-LAW (cont’d) Legal Non-conforming – Under Section 34 (9) • Those land uses established prior to the 1969 By-law or any amendment on an area, may be allowed to remain. • Such a use may be enlarged and expanded through a Minor Variance application. 30 ZONING BY-LAW, (cont’d) ZONING TRENDS – RESIDENTIAL • Trends to semi detached and some small lot singles continues to be strong. • Infilling lots are being absorbed into residential development and densification becoming more accepted as a development option. (JC Godard projects, Pelda Cotton Mills). 31 ZONING BY-LAW, (cont’d) ZONING TRENDS - COMMERCIAL • Multi-use/tenant and multi-pad development is now predominant – Harden Group, Villarboit • Renewal of Downtown/LeVillage commercial buildings through HOTC CIP Programs. • Introduction of new Community Commercial – Shopping Centre (CC-SC) zone on over 30 Community properties a few years ago has helped to facilitate a number of redevelopment efforts. Greater flexibility in use mix and performance measures (zoning standard). 32 SUBDIVISON CONDOMINUM • Ongoing subdivision activity: • Charles Clément – McConnell Avenue • J.F. Markell – Subdivision North Pitt and Cornwall Centre • Doug Campbell – Camitzy Mackenzie north Pitt • Cartwave Realty Ltd. – North Riverdale Parkwood Estates 33 SUBDIVISON CONDOMINUM Cont’d • Cartwave - St. Michel / Lourdes • J.F. Markell - Condos along Water Street • JC Godard - Kings Landing • CH Clément - Third and York, First and Pitt as well as Fourth • Robert Pelda – Cotton Mills North and South of Race Street 34 35 COMMITTEE OF ADJUSTMENT • The Committee of Adjustment (COA) is a sister Committee to Planning Advisory Committee (PAC) and addresses delegated responsibilities on behalf of Council. • It is responsible for Minor Variance Applications (Section 45 of the Planning Act). • As well as Consents, Right of Ways, Long Term Leases, Easements (Section 53). 36 OTHER FUNCTIONS OF THE PLANNING DIVISION Subdivision/Condominium approval Site Plan approval Community Improvement Plans (CIP) Dana McLean to present more details under a separate power point) Secondary Plans (i.e. Waterfront Plan) Committee of Adjustment (variances and land division) 37 PLANNING DOCUMENTS • Official Plan - available on line • Comprehensive Zoning By law - available on line • Data Book • Waterfront Plan • Dillon's Official Plan Background Report Aug ‘14 • Watson’s Comprehensive Review ( MCR) dated May 12, 2014 • 2 CIP’s HOTC/Brownfields 38 Knox City Centre In Progress Thank you