Chapter 9Major Utility

Comprehensive Zoning Bylaw Review

Discussion PaperOctober 2019

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9.0 Major utility

9.1 Introduction

This chapter provides an overview of the planning policy framework (provincial and

local) for the major utility properties owned or operated by the City. Zoning bylaws in other municipalities are reviewed to understand emerging trends. Options and recommendations for a new zoning bylaw are explored.

In this chapter we are seeking your thoughts on:

Whether there should be a separate major utility zone that applies to properties

designated Major Utility in the Official Plan, and If there should be a separate major utility zone, in consideration of the Official

Plan major utility policies, the types of major utility uses that should be permitted in a major utility zone.

Specific questions related to these topics can be found in section 9.6 as well as

instructions for how to share your comments.

9.2 Current land use planning policies and zoning bylaw rules

Provincial policies

Provincial Policy Statement (2014)

The Provincial Policy Statement requires that infrastructure, electricity generation

facilities and transmission and distribution systems be provided in a coordinated, efficient and cost effective manner.

A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019)

Similar to the Provincial Policy Statement, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) requires that land use planning,

infrastructure planning, and infrastructure investment be coordinated. Efficient use of existing infrastructure is prioritized.

Guelph Official Plan

The Major Utility Official Plan land use applies to City owned or operated properties that contain major utilities including Guelph’s public works yard, waste water

treatment plant, water services, and waste resources innovation centre. There are approximately seven properties that are designated, either in whole or in part,

Major Utility.

The purpose of the Major Utility land use designation is to recognize the City’s existing major utilities. The permitted uses within the Major Utility land use include:

Water and wastewater treatment facilities Transfer stations

Electrical transformer stations and associated facilities

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Facilities for waste reuse, recycling, reclamation, recovery, composting or anaerobic digestion, and

Municipal works yards.

Guelph’s Zoning Bylaw

Guelph’s existing zoning bylaw does not include a major utility zone. The properties

that are identified as Major Utility within the Official Plan area currently zoned either industrial or park.

9.3 Review of municipal zoning trends

Methodology

When examining zoning trends in this chapter, we were looking to understand how

other municipalities zoned major utility properties, what types of uses they permit in these zones, and the types of rules they have. To answer these questions,

municipalities that met the following criteria were examined:

The municipality must be an Ontario municipality either with a new zoning bylaw that was approved between 2013 and 2019 or one with a new zoning bylaw in

progress that has proceeded to a statutory public meeting between 2016 and 2019. A municipality with a zoning bylaw that is older than 2013 but where an

amendment that dealt comprehensively with the topic of major utility could also be considered

Although not required, priority was placed on municipalities that were on Guelph’s municipal comparison list which also met the above criteria, and

The municipality must have a comparable major utility land use. A comparable

major utility framework is based on a review of their Official Plan land use categories and range of permitted uses to determine whether there are

similarities.

The zoning bylaws that met this criteria and were reviewed were:

The City of Kitchener, and

The Town of Oakville.

Summary of zoning trends

Approaches for zoning major utility properties and permitted uses

Kitchener and Oakville have one major utility or utility zone that applies to lands that are identified in their Official Plans as major utility. Kitchener’s major utility

zone provides a clear link between the zone and the major utility Official Plan land use.

Oakville’s utility zone doesn’t permit the full range of uses permitted by their Official Plan. Oakville’s Official Plan permits pumping stations, water and sewage treatment plants, electrical transformer and distributing stations, reservoirs, and

cogeneration facilities and other power generation facilities on their major utility properties. Oakville’s zoning bylaw applies the utility zone to all of their major

utility properties but only permits conservation use, stormwater management

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facilities, and major transit stations. It isn’t clear whether the major utility uses on these properties are permitted by the uses within the major utility zone. There also

isn’t a clear connection between Oakville’s major utility zone and its major utility land use designation. Oakville uses a general rule within their zoning bylaw to permit infrastructure uses broadly across the municipality. It may be that between

their major utility zone and this general rule that the town’s major utility uses are permitted.

Table 59 summarizes the uses permitted within Kitchener and Oakville’s major utility zones.

Table 59: Uses permitted in Kitchener and Oakville’s major utility zones

Permitted uses Kitchener Oakville

Conservation use N Y

Electrical transformer station Y N

Major transit station N Y

Public works yard Y N

Stormwater management facility N Y

Transportation facility Y N

Waste management facility Y N

Water and wastewater treatment facility Y N

Rules

Kitchener and Oakville’s major utility zones include rules for building setbacks from property lines.

9.4 Phase 1 community engagement –what we heard

As part of phase 1 community engagement there were no comments received about major utility uses, or rules. Appendix A contains a summary of all comments from

the phase 1 community engagement, including staff responses.

9.5 Analysis, options, and recommendations

This section outlines options and preliminary recommendations for a new zoning

bylaw about:

The types of zones that should apply to major utility properties and uses that

should be allowed, and The types of rules for major utility uses.

Zone structure and permitted uses

Providing a clear connection between the major utility zone(s) and the Official Plan Major Utility land use is important. It helps users of the zoning bylaw understand

why certain uses are permitted. It is the Official Plan that broadly determines what is permitted on major utility properties. The following are options and preliminary recommendations for the number and types of zones that will help make this

connection and that will minimize the number of zones making a new zoning bylaw simpler.

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Preliminary recommendation: To implement the Major Utility Official Plan land use it is recommended that a new zone be created that would permit major utility

uses. Generally, the properties are currently zoned either industrial or park. These existing zones don’t reflect the existing use of the properties and don’t reflect the permitted uses in the major utility Official Plan land use designation. A new major

utility zone would provide a connection between the zoning and the Official Plan providing a clear intent of the existing and future use of these properties.

Additionally, to conform with the uses allowed in the Major Utility Official Plan land use designation, it is recommended that a new major utility zone permit:

Electrical transformer stations

Municipal works yards Waste management facilities, and

Water and wastewater treatment facilities.

Rules

It is recommended that rules for minimum setbacks, including larger setbacks and

visual barriers when adjacent to residential areas, and rules for outdoor storage be included in a new major utility zone. These rules will be similar to the rules

recommended for the employment zones.

9.6 Questions for You

1. Staff has recommended that a major utility zone be created that would apply toproperties identified as major utility in the Official Plan. What are your thoughtson this approach?

2. In consideration of the Major Utility land use in the Official Plan, certain majorutility uses are recommended to be allowed. Do you agree or disagree with the

types of uses proposed to be allowed? Why or why not? Are there uses that areallowed by the Official Plan that were missed that should be considered?

3. Do you agree or disagree with the recommended rules? Why or why not? Are

there other rules that should be considered?4. What other comments do you have about the major utility zones that should

be considered?

You can share your comments with us in person at an upcoming workshop in November 2019. A full listing of workshop events and information about how to

register will be available on our website in early November 2019. As of November you can also share your comments online through our online engagement platform

or via email.