The Regina Zoning Bylaw, 2019-19 (Zoning Bylaw) came into effect on December 21, 2019 after receiving ministerial approval. Through regular usage of the Zoning Bylaw, certain housekeeping corrections and other critical/time sensitive amendments have been identified as outlined in Appendix A and B of this report for approval.
Policy/Strategic Impact
The recommendations of this report are consistent with the following Official Community Plan policy:
12.1 Minimize regulatory barriers to economic growth to the greatest possible extent while balancing the needs and aspirations of all Regina residents, fee-and-tax-payers, and the sustainability of the city.
The proposed amendments aim to remove inconsistencies in the bylaw that will improve the City’s ability to administer the bylaw and remove barriers to new development proposals.
Alternative options include:
1. Approving the amendments in part by removing individual proposed amendments from the bylaw (amendments numbered separately in Appendix A to allow for this and ease of reference).
2. Referring the report back to Administration.
3. Denying the proposed amendments. This would impact Administration’s ability to apply and interpret the bylaw for the affected sections, which could result in unnecessary delays in development application processes.
Public notice of the proposed bylaw amendments will be given in accordance with The Planning and Development Act, 2007. The proposed amendments and associated City Council meeting will be advertised on CityPage in the Regina Leader-Post and online at Regina.ca.
Given the comprehensive and complex nature of the Zoning Bylaw it is common practice to identify housekeeping amendments in the subsequent months and years following comprehensive reviews and adoption as minor errors are discovered and emerging developments are tested under the new regulations the Administration has addressed and categorized these amendments as follows:
· Most of the proposed amendments outlined in Appendix A and B are very minor in nature such as typos, incorrect references, or other errors that occurred in preparing the new bylaw.
· Instances where the regulations need wording changes to clarify the intent are also included in the amendments.
· Errors in zoning designations on the maps (Chapter 9) are captured in the amendments.
· Many of the amendments presented in Appendix A are related to the same change or correction and may appear to be a duplication in the document, however they are needed for each zone/chapter due to the format of the bylaw.
Beyond housekeeping amendments other proposed amendments worth noting include:
· Development agreements – An amendment gives the Development Officer the authority to enter into development agreements for any type of application. (Amendments 1 & 2)
· Cannabis grow operations – Amendments clarify that cannabis grow operations fall under ‘cannabis, agriculture’ as a separate land use from ‘agriculture, indoor’ and located in specific industrial zones consistent with the former Regina Zoning Bylaw 9250. (Amendments 13, 14, 69 & 73)
· Consistent streetscapes – An amendment to the Residential Urban (RU) Zone allows new houses on a block to match the front yard setbacks of the existing houses that were built under the former DCD-12 standards from the former Regina Zoning Bylaw 9250 to have a consistent streetscape. This is only applicable to RU zoned properties located in suburban neighbourhoods outside of the Residential Infill Overlay and intends to address consistency in design conditions. (Amendment 25)
· Interim parking – Amendment to allow for development of surface parking as an interim use in the Mixed Large-Market Zone (MLM) Zone in accordance with the Yards Neighbourhood Plan. (Amendment 55).
· Height Overlay Airport – This amendment clarifies that there is some flexibility in how the City applies this regulation in consultation with the appropriate authorities and agencies. This amendment is more in keeping with the language under the former Regina Zoning Bylaw 9250. (Amendment 127)
· Lane Access Overlay – An amendment removes the requirement that the overlay be identified at the secondary plan or concept plan stage. Proposals to apply the Lane Access Overlay (and both front and rear lane access are permitted) will be addressed on a case-by-case through zoning amendments applications considering utilization of infrastructure, surrounding land uses, safety or other factors. (Amendment 132)
On August 26, 2019, City Council adopted The Regina Zoning Bylaw, 2019-19 to replace the former Regina Zoning Bylaw 9250. The Ministry of Government Relations subsequently approved The Regina Zoning Bylaw, 2019-19 effective December 21, 2019.
City Council’s approval of the proposed amendments is required pursuant to Part V of The Planning and Development Act, 2007.
Respectfully Submitted, Respectfully Submitted,
{Signature} {Signature}
Prepared by: Michael Cotcher, Senior City Planner