6.2.2 Planning Act Tools The Planning Act provides several tools for municipalities to shape the character and design of urban form. These tools include establishing Minimum and Maximum Standards in the Zoning By-Law, Height and Density Bonusing, incentives in Community Improvement Plans, Site Plan Controls (with exterior design controls), reduction in cash-in-lieu or land dedication and the possible integration of a Development Permit System. Outlined below are summaries of the tools that best address the needs of the Town of Tillsonburg. Minimum / Maximum Height Standards in Zoning (Section 34) This would include determining minimum and maximum building heights for those areas as recommended in the Central Area Design Study. The establishment of minimum and maximum heights in the Town’s Zoning By-Law will be essential for maintaining and enhancing the character of the Central Area as well as encouraging increased density in appropriate areas. Height and Density Bonusing (Section 37) The addition of height and density to development needs to be considered on a site-by-site basis as any such increases would typically exceed the prescribed zoning regulations. If a development proposal requires additional density, then the application should be accompanied by a planning rationale report and an urban design study/brief to rationalize the additional height and/or density. These studies should demonstrate that: • the proposed development will establish a positive precedent for the Central Area; • shadow impacts on adjacent properties are minimized; • the building design and character fits with the future vision for the Central Area; and • the proposed development contributes positively to the public realm.
The studies should, at a minimum, contain the following: • a detailed description of the proposed development including materials, building massing, interfaces between public and private areas, etc.; • a review of the existing policy framework; • parking impacts will be minimally affected in the immediate area; • pedestrian and vehicular movements, flows and impacts on the surrounding precinct will not be hampered, especially for those who require accessibility provisions; • landscaping and street illustrations of the site; • a review of existing and future land uses; • a review of surrounding heritage character buildings; • a shadow study illustrating the effects of the proposed development on its surroundings; and • 3D modeling of the development within the context of existing development in the area. Height and Density Bonusing affords additional development rights in exchange for the construction or installation of public realm improvements (e.g. public art, sidewalk improvements, etc.) and/or new community facilities (e.g. parks, daycare, community centres, etc.). This is a demand drive tool where the demand for development is sufficient to support an environment where the added community amenity is covered by the added value of having additional development rights. In instances where publicly accessible spaces are established on private property, such spaces shall be constructed to the same standards as municipal sidewalks. Bonusing can have community benefits but the impacts of the proposed additional height or density will need to be reviewed and justified from an urban design approach. In addition, Height and Density Bonusing presents a challenge when applied from within “form-based” zoning areas or possible Development Permit Areas, as these processes already incorporate flexibility.
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Brook McIlroy Inc. / McCormick Rankin Co.
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