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Home My WebLink AboutPD-8-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD-8.98 REPORT Meeting: General Purpose and Administration Committee File # ~E Date: Monday, January 5, 1998 Res. - l0- C~ Report #: PD-8-98 File #:PLN 5.2 By-law # Subject: NEW COMPREHENSIVE ZONING BY-LAW FILE: PLN 5.2 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-8-98 be received for information. 1. BACKGROUND: 1.1 At its meeting held on March 24, 1997, Council authorized planning staff to prepare a new comprehensive zoning by-law for the Municipality. 1.2 The Municipality's comprehensive zoning by-law is the fundamental document which regulates the nature and form of development within the Municipality. The existing Comprehensive Zoning By-law 84-63 is 14 years old and has been subject to almost 300 amendments. As a result of the recent approval of the Clarington Official Plan, many provisions and zones within the current comprehensive zoning by-law are in conflict with the Official Plan and must be amended. This can be done by specific amendments to deal with those immediate problem areas and/or by preparing a new comprehensive zoning by- law. ,. t ~ ;' REPORT NO. PD-8-98 PAGE 2 1.3 Legislatively, the Municipality is required to have a zoning by-law which conforms to its Official Plan. Section 24 of the Planning Act states that no by-law shall be passed for any purpose and no public works can be undertaken that does not conform with the Official Plan. In addition, policies exist within both the Durham Region Official Plan and the Clarington Official Plan which reiterate this point. Specifically, Section 20.4.1 of the Durham Region Official Plan states that: " ...every zoning by-law then in effect in the Region, affected thereby, shall be amended forthwith by the area municipalities to conform with this Plan pursuant to the Planning Act." Section 23.4.1 of the Clarington Official Plan states: "Council shall amend Zoning By-law 84-63, as amended, as soon as possible to conform with and to give effect to the provisions of this Plan." 2. PURPOSE 2.1 The main purpose of a comprehensive zoning by-law is to provide for detail regulations that implement the policies of the Official Plan. Once the by-law is in place, it becomes a legal instrument which is relied on by property owners and the general public. In this regard, the task of preparing the new comprehensive Zoning By-law must be comprehensive with attention to details. 3. GIS AND THE ZONING BY-LAW 3.1 Preparation of a new comprehensive zoning by-law for the Municipality of Clarington will be benefitted greatly upon the establishment and implementation of a Geographic Information System (G.I.S.). GIS has a number of features which will be useful to the task as it is an information system designed to manipulate map related information accurately. Since two of the basic elements of a zoning by-law are property lines and zone boundaries, mapping accuracy would be achieved through the G.I.S. technology. In addition, the G.I.S. would significantly ~ , '-1 REPORT NO. PD-8-98 PAGE 3 reduce the timing consuming task of mapping the various zones manually, particularly given the large geographical area of the Municipality. 4. THE WORK PLAN Attachment #1 to this report is a revised Work Plan for the preparation of a new comprehensive zoning by-law. The work plan is comprised of the following 5 stages. 4.1 Background Research: This stage involves the review of innovative zoning techniques, review standards, identify problem areas, carry out site inspections of various non-conforming uses and gather all necessary background data and information. This stage of works have been completed. 4.2 Formulation and Evaluation: Staff will examine Official Plan policies and any applicable Council policies that need to be elaborated in the zoning by-law. We will also generate possible solutions for problem areas. From this information, various zone categories will be identified. 4.3 Drafting the By-law: This is the most involved stage of the work plan. It involves firstly, drafting the text which includes the zoning provisions and regulations, and secondly mapping the various zones. Each property will be reviewed in terms of the appropriate zone to be assigned and will be field checked for accuracy where necessary. 4.4 Public Consultation: Prior to finalizing the draft by-law certain strategic issues will need to be reviewed and discussed with Council and changes will be made to the draft accordingly. C)~`J REPORT NO. PD-8-98 PAGE 4 Staff will take the draft by-law forward to various agencies and the general public to obtain their input. Information open houses will be held at various communities. This stage will also include further revising the draft by-law where necessary to reflect those changes warranted during the public agency consultation process. 4.5 Approval: This stage includes the statutory public meeting and adoption of the by-law by Council. 5. TIMING 5.1 Preparing a new comprehensive zoning by-law is a lengthy process and we estimate that the time frame to complete the process will be approximately 2 years. The review and preparation of the new by-law will be completed using in- house staff resources. This timeframe is based on normal Department work load. However, future increase in the volume of development applications and unforeseen Ontario Municipal Board hearings may impact the timetable. As such, staff note that the time frame set out in Attachment #1 to this report represents our best estimate at this time. 6. TRANSITIONAL ISSUES 6.1 As stated earlier, there are many provisions and/or zones in the current by-law that do not conform to the newly approved Clarington Official Plan. Until the new by-law is completed and approved, the current zoning by-law is still in effect. In areas where the current by-law is not in conformity to the Official Plan, staff will ensure the enquirer is aware that the preparation of a new zoning by-law is underway and that if and when the new by-law is approved, the uses and regulations under the current by-law may be changed. G '? ~ REPORT NO. PD-8-98 7. CONCLUSION: PAGE 5 Preparation of the new comprehensive zoning by-law is well underway. As staff proceed towards the next stage of work, we will provide periodic status reports to Committee and Council on the progress of our works. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development Reviewed by, W. H. 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