HomeMy WebLinkAboutPD-34-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD- 34.97
REPORT
Meeting: General Purpose and Administration Committee File # 1_
Date: Monday, March 17, 1997 Res. #� -` l " ( S D 7
Report #: PD -34 -97 File #: PLN 5.2
Subject: PREPARATION
FILE: PLN 5.2
Recommendations:
By -law #
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -34 -97 be received;
2. THAT Council authorize the preparation of a new comprehensive zoning by -law
for the Municipality.
1. INTRODUCTION:
1.1 The Municipality's comprehensive zoning y -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 13 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.
1.2 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
REPORT NO. PD -34 -97 PAGE 2
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. GOALS AND OBJECTIVES
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. In addition, it is
also our goal to develop a user - friendly by -law and to provide flexibility in the
standards /regulations that would reduce the number of rezoning and minor
variance applications.
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 fundamental to the task as it is an information system designed to
manipulate map related information accurately. Since two of the basic
determining factors in preparation of a zoning by -law are property lines and land
REPORT NO. PD -34 -97 PAGE 3
use. GIS would be an integral component of the work plan. The G.I.S.
technology would be a tremendous help given the large geographical area of the
Municipality.
Attachment #1 to this report is the 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:
At this stage, staff will be investigating innovative zoning techniques, review
standards, identify problem areas, carrying out site inspections and gather all
necessary data and information.
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, we will determine the zone
categories and map the limits of each zone category.
4.3 Drafting the he By -law:
This stage involves the actual drafting of the zoning provisions and regulations.
The draft mapping prepared in Stage 2 will be reviewed in detail. Staff anticipate
that this stage will take substantial time. The primary reason is the large
geographical area that staff have to deal with.
4.4 Public Consultation:
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
REPORT NO. PD -34 -97 PAGE 4
communities. This stage will also include 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 2 to 2.5 years. The
review and preparation of the new by -law will be completed using in -house staff
resources. This time frame has taken into account of the 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.
The approach described above has been discussed and reviewed by the
Municipality's Solicitor.
REPORT NO. PD -34 -97 PAGE 5
7. CONCLUSION:
7.1 During the various stages of the process of preparing the new comprehensive
zoning by -law, staff will provide periodic status reports on the progress of our
works. From time to time, we may need to approach Council to address some
strategic issues.
7.2 Preparation of a new comprehensive zoning by -law to cover a large geographical
area is a major undertaking and experience builder for all planning staff. Staff are
looking forward to the challenge and have already commenced Stage 1 works.
Prior to taking the task further, it would be prudent for Council to officially endorse
the preparation of a new comprehensive zoning by -law.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
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Attachment #1 - Work Plan
March 4, 1997
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Chief Administrative
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WORK PLAN
BACKGROUND
FORMULATION
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THE BY -LAW
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