A G E N D A. Application by the City of Orillia - 50 Westmount Drive North (Mount Slaven Public School Site)

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1 CTY OF ORLLA Public Meeting re Planning Matters Monday, March 5, :00 p.m. Council Chamber, Orillia City Centre Page A G E N D A nfrared hearing aids are available in the Council Chamber courtesy of the Orillia Quota Club. They are located on the east wall at the back of the Chamber. Call to Order Approval of Agenda Disclosure of nterest Purpose of Meeting - Mayor Orsi To present the following: - Application #1 for a Zoning By-law Amendment - And concurrent applicatons (Application #2) for a Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Application #1 Application by the City of Orillia - 50 Westmount Drive North (Mount Slaven Public School Site) Correspondence Staff Report PD Application #2 Application by Titan Homes (Lawrence Saltzman) - 9 Ferguson Road (former Atlas Block site) Correspondence Staff Report PD Letter dated December 29, 2011 from Saytar Development Corp. 3. Letter dated January 2, 2012 from Alexander Droder. Explanation of Appeal Procedures - an Sugden, Director of Planning and Development Page 1 of 100

2 Page Motions Adjournment Page 2 of 100

3 REPORT TO: FROM: REPORT NO.: DATE: SUBJECT: Mayor and Members of Council (Public Planning Meeting of March 5th, 2012) Jill Lewis, Senior Planner PD February 27, 2012 Application for Zoning By-law Amendment Applicant: City of Orillia 50 Westmount Drive North (Mount Slaven Public School Site) FLE NO: D OPTONS Option 1: THAT the Draft Zoning By-law Amendment for Application No. D (City of Orillia - 50 Westmount Drive North) be presented to Council for their consideration at the next available meeting. Option 2: THAT the Draft Zoning By-law Amendment for Application No. D (City of Orillia - 50 Westmount Drive North) be deferred until staff provide Council with the following additional information or modifications prior to a decision by Council: Option 3: THAT the Draft Zoning By-law Amendment for Application No. D (City of Orillia - 50 Westmount Drive North) be deferred and another Public Meeting of Council be held, in accordance with the minimum notice requirements set out in the Planning Act, to review the following additional information or modifications to be provided: BACKGROUND: (Attachment 1: Location Map) Location: Official Plan Designation: Present Zoning: Proposed Zoning: Other Related Applications: The subject property is located on Westmount Drive North between John Street and Mary Street and is municipally known as 50 Westmount Drive North. Living Area - Stable Neighbourhood Community Facility (CF) Zone First Density Multiple Residential Exception Thirty Three-- Holding Exception Four [RM1-33(H-4)] None H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 3 of 100

4 Site Characteristics, Existing Uses & Development History: 2 Currently, there is a two-storey building located on the property that was formerly used as an elementary school by the Simcoe County District School Board. The site is referred to as the Mount Slaven Public School site. The building was constructed in 1950, with additions in 1954 and The building is 2,731 m 2 (29,400sq.ft.) in size. Figure 1: Excerpt from Plan of Survey The property is approximately 1.1 ha (2.7 acres) in size with frontage on three streets: Mary Street: 1OOm (328 feet) John Street: 108m (356 feet) Westmount Drive North: 105m (345 feet) The City of Orillia took possession of the property on November 1, At its meeting held on November 14, 2011, Council adopted the following recommendation: {(THAT as recommended in a report dated October 12, 2011 from the Deputy CA 0CFO, Council declares the property at 50 Westmount Drive (Mount Slaven Public School) to be surplus and authorizes the Clerk to solicit offers on the property, subject to the use being zoned residential consistent with the Citys Official Plan." H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT _50 Westmount Dr N_Mount Slaven School.doc Page 4 of 100

5 3 Surrounding Land Uses: The subject property is located within an existing built-up, mixed use area in the Citys west end. The property abuts three City streets: Westmount Drive North -Arterial Road with an approximate 20m ROW. Mary Street & John Street- Local Roads with an approximate 15m ROW. There are existing sidewalks along Westmount Drive North and Mary Street frontages of the subject property. Near the property there is a bus stop along Westmount Drive North serviced by the Georgian Route. Properties to north and east of the site are characterized by a mix of 1 to 2 storey low. density residential dwellings. Properties to the south and west of the site are a mix of residential and neighbourhood commercialinstitutional uses (such as medical offices, restaurant, church, convenience store, etc.). To the northwest of the property along Westmount Drive North, the neighbourhood is characterized by medium density residential. To the southeast of the property along Mary Street, the neighbourhood is primarily 1 to 2 storey low-density residential dwellings. Figure 2: Aerial Photograph of Mount Slaven Public School Site & Surrounding Neighbourhood (Taken from Simcoe County GS Maps) Proposed Development: The City of Orillia is proposing to rezone the subject property to permit a range of residential uses in conformity with the Official Plans "Living Area - Stable H:014 Zoning2011D14-785_Mount Slaven School Site_50Westmount DriveRPT_50Westmount Dr N_Mount Slaven School.doc Page 5 of 100

6 4 Neighbourhood" designation, with proposed development being subject to the preparation of plans and studies to ensure the development conforms to the Citys Official Plan. n order to achieve Councils directive and implement the policies of the Citys Official Plan, a Draft Zoning By-law Amendment has been written that would permit the following residential uses be permitted on the site: Single-Detached Dwellings; Semi-Detached Dwellings; Duplex Dwellings; Secondary Dwelling Units; Multiple Dwellings; Converted Dwellings; Townhouses; Communal Housing (i.e. Nursing Homes, Retirement Homes, Homes for the Aged; Boarding Houses); Home Occupations; and Bed & Breakfast Establishments. To ensure the proposed development will conform to the Citys Official Plan, the Draft Zoning By-law Amendment also includes a Holding (H) Symbol on the property to restrict the sites development until the following plans and studies (if deemed necessary) have been submitted to the Citys satisfaction: Comprehensive Development Plan; Archaeological Assessment and Conservation Plan (if archaeology resources are identified; Streetscape Plan, including lighting, landscaping and building elevations; Traffic mpact Study and Entrance Analysis; and Stormwater Management Plan. t is also recommended that the Holding (H) Symbol be placed on the property to provide an opportunity for the Citys Public Works Department to ensure that there is adequate municipal servicing capacity, and to acquire land for road widening purposes along Westmount Drive North, Mary Street and John Street depending on the nature and extent of the proposed development. Council has directed that the property be sold. There is no development proposed at this time. No Site Plan has been prepared in support of this Zoning By-law Amendment application. H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 6 of 100

7 5 ANALYSS & OPTONS The Provincial Policy Statement 2005 The Provincial Policy Statement 2005 (PPS) encourages development to reflect the future needs of the community while achieving efficient land use patterns. All planning decisions shall be consistent with the Provincial Policy Statement, The policies encourage efficient, compact development, intensification and redevelopment, together with a range of housing types and densities. The policies are intended to encourage a more efficient use of land, resources and existing infrastructure by encouraging development, where feasible, to utilize suitable existing buildings, infrastructure and public service facilities. The application, to permit a range of residential uses, conforms to the definition of "redevelopment" and it promotes opportunities for infill and "intensification" as it encourages the subject property to be redeveloped at a higher density than currently exists. The application is consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, 2006, as amended The Growth Plan is a 25-year plan to direct and manage growth for the purposes of building complete communities that are well-designed; offer a mix of housing, jobs and transportation choices; and have easy access to stores and services to meet daily needs. On January 19, 2012 the Growth Plan was amended to include new policies which specifically apply to development within the County of Simcoe. The City of Orillia has been identified as one of the Primary Settlement Areas in Simcoe County and is required to plan for intensification areas; to create complete communities; and to ensure development is high quality urban form. All planning decisions in the City of Orillia must conform to the Growth Plan. The Growth Plan establishes targets for growth and development, including directing a significant portion of new growth to existing built-up areas where infrastructure and public services exist to accommodate expected population and employment growth. n order to obtain these goals municipalities must look towards the redevelopment of existing sites at a higher density than currently exists, which may occur by expansion or conversion of existing buildings. The subject property is municipally serviced and located within the Citys existing builtup area. The application conforms to the Growth Plans definition of redevelopment. ntensification of this site is encouraged by recommending that a range of low and medium density residential uses be permitted. Development on this site is expected to employ high quality urban design as a Streetscape Plan is recommended to ensure conformity with the Citys urban design guidelines contained in the Citys Official Plan. This application conforms to the Growth Plan for the Greater Golden Horseshoe, H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 7 of 100

8 Official Plan of the City of Orillia (Attachment 2: Conditions for Removal of Holding (H) Symbol) Stable Neighbourhood De-signation (Section 3.3.4) 6 The subject lands are designated "Living Area - Stable Neighbourhood" in the City of Orillia Official Plan, which was approved, with modifications, by the Ministry of Municipal Affairs and Housing on March 17, Portions of this Plan are currently under appeal to the Ontario Municipal Board (OMB). Most of the policies that relate to the subject property are not under appeal, save and except for some of the urban design policies. Therefore, in accordance with Subsection 17 (38) of the Planning Act, the specific policies not under appeal came into effect on April 8, 2011 (the day after the last day for filing a notice of appeal). Comprehensive Development Plan (Section f) and g)) The Citys Official Plan requires that any development of an existing school site must be supported by a Comprehensive Development Plan that encompasses the entire landholding and addresses a range of planning considerations. To ensure the proposed development on this surplus school site conforms to the Official Plans requirement to complete a Comprehensive Development Plan, it is recommended that a Holding (H) Symbol be included in the implementing, site-specific Zoning By-law to require the submission of a Comprehensive Development Plan to the Citys satisfaction. ntent of Stable Neighbourhood Designation (Section ) t is the intent of the "Living Area - Stable Neighbouhood" designation to protect these areas from incompatible forms of development, but at the same time, these areas are permitted to evolve and to be enhanced over time. Compatible is defined in the Citys Official Plan as development that enhances an established community and co-exists with existing development without causing adverse impact on the surrounding properties. To ensure the future development of this site will conform to the Citys design policies, which were established to promote compatibility, it is recommended that a Holding (H) Symbol be included in the implementing, site-specific Zoning By-law to require the preparation of a Streetscape Plan to the Citys satisfaction. Permitted Uses (Section ), Prohibited Uses (Section ) & Development Policies ( ) of the Stable Neighbourhood Designation The "Living Area - Stable Neighbourhood" designation permits a range of low and medium density residential uses (including Retirement Homes and Boarding Houses), but prohibits Apartment Buildings. n this designation, height cannot exceed three storeys. The restriction on permitted uses and height are addressed in the recommended Zoning By-law Amendment (Attachment 3). H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 8 of 100

9 7 General Living Area Policies re: Forms of Development (Sections , , & ) n the Citys Official Plan, Single Detached, Semi-Detached and Duplex Dwellings will not have direct access tofrom Arterial Roads (i.e. Westmount Drive North), where possible. Multiple-Unit Buildings and Townhouses may only have direct access tofrom Local Roads (i.e. Mary and John Streets) subject to the provision of sufficient evidence demonstrating that the road is capable of handling the additional dwellings. t is recommended that a Holding (H) Symbol be utilized to ensure these entrance restrictions will be addressed in a Traffic mpact Study and Entrance Analysis, to the Citys satisfaction, prior to allowing development to occur on the site. Communal Housing may be located in the "Living Area - Stable Neighbourhood" designation provided that adequate buffering, parking and amenity areas can be provided. Communal Housing may include Nursing Homes, Retirement Homes, Boarding Houses, etc. but cannot include independent dwelling units. Communal Housing should also be located within 250 metres of an existing or planned transit route and should be developed in proximity to community and commercial facilities. The subject property satisfies the Official Plans locational criteria for Communal Housing, but the required buffering, parking and amenity areas must be addressed during the preparation of the recommended Comprehensive Development Plan andor the Streetscape Plan if Communal Housing is proposed. Bed and Breakfast Establishments may also be located in the "Living Area - Stable Neighbourhood" designation provided that the proposed use will not have a negative impact on the privacy of neighbouring properties, adequate parking is provided, and the building is compatible with the character of the neighbourhood. f a Bed and Breakfast Establishment is proposed, these design requirements must be addressed in the Comprehensive Development Plan andor the Streetscape Plan. Design Policies for Living Area (Section ) Citys Official Plan contains extensive urban design policies for development located in the Citys "Living Area" designation. t is recommended that a Holding (H) Symbol be utilized to require the preparation and submission of a Streetscape Plan, to the Citys satisfaction, to ensure the proposed development will conform to the Citys Official Plan. Wellhead Protection Overlay (Schedule C & Section 4.5) The subject property is located within the 1 0-year travel time capture zone of the Citys Wellhead Protection Area as shown on Schedule C - Overlay of the Citys Official Plan. Since the property is proposed to be rezoned to only permit residential uses, no further restrictions need to be addressed in the Zoning By-law Amendment to ensure the Citys Wellhead Protection policies are adhered to. H:014 Zoning2011D14-785_Mount Slaven School Site_ 50 Westmount DriveRPT _50 Westmount Dr N_Mount Slaven School. doc Page 9 of 100

10 8 Lake Simcoe Watershed & Stormwater Management (Schedule C & Sections 4. 7 & 6.2.2) The subject property is located within the Lake Simcoe Watershed boundary as shown on Schedule C - Overlay of the Citys Official Plan. f the proposed development warrants a Stormwater Management Plan, then this Plan must conform to the Lake Simcoe Protection Plan. t is recommended that a Holding (H) Symbol be utilized to ensure the appropriate Stormwater Management Plan is prepared. Also, if a stormwater management pond is required to accommodate the proposed development, then it is recommended that the pond be designed in accordance with the policies of the Citys Official Plan. Archaeology (Section 5.4) The Citys Official Plan also requires the City to use the Provinces Checklist For Determining Archaeological Potential to determine the potential for impacts to archaeological resources from any new development. Where potential is determined to exist, an archaeological assessment is required to be undertaken prior to any development (including demolition, grading or other soil disturbance). Since the subject property is located near a known former native village and burial ground, it is recommended that a Holding (H) Symbol be utilized to ensure an Archaeological Assessment and Conservation Plan (if archaeology resources are identified) is prepared to the satisfaction of the Ministry of Tourism, Culture and Sport. Policies for Roads & Public Transit (Sections & 6.1.6) t is also recommended that the Traffic mpact Study and Streetscape Plan address the applicable Official Plan policies and design guidelines for roads and public transit to ensure the appropriate road widening(s) and transit bus bay is incorporated into the proposed development. To ensure the proposed development will conform to the Citys Official Plan, it is recommended that a Holding (H) Symbol be utilized to ensure the submission of the required plans and studies to the Citys satisfaction as set out in Attachment 2. Zoning By-law , as amended (Attachment 3: Amendment) Draft Zoning By-law The subject property is currently zoned "Community Facility" (CF), which permits a range of institutional uses. Council has directed that the property be rezoned to permit residential uses consistent with the Citys Official Plan. t is recommended that the property be rezoned "First Density Multiple Residential Exception Thirty-Three (Holding Exception Four)" or RM1-33(H-4) to: Permit the uses set out in the Citys Fourth Density Residential (R4) Zone in accordance with the R4 zone provisions; H:014 Zoning2011D14-785_Mount Slaven School Site_ 50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 10 of 100

11 9 Permit the uses set out in the First Density Multiple Residential (RM1) Zone in accordance with the RM1 zone provisions; Permit Secondary Dwelling Units subject to the provision of 1 additional parking space with Secondary Dwelling Unit defined as "one separate dwelling unit, which is contained in a single-detached or semi-detached dwelling for a total of no more than two dwelling units located within the dwelling and may also comply with the definition of duplex". Permit Nursing Homes, Homes for the Aged, Retirement Homes, and Retirement Lodges in accordance with the CF zone provisions save and except for the following recommended zone exceptions: 1. Building Height cannot exceed 11m (i.e. 3 storeys) to ensure Official Plan conformity. 2. Parking is recommended to be provided at a minimum of parking spaces per bed. Of the total parking provided, 20oo is recommended to be allocated to visitor parking and 5%> to be allocated for persons with disabilities. Given the parking problems experienced at other Nursing Homes and Retirement Homes in the City, it is recommended that the City increase its parking requirements for these uses. The Citys current parking requirement is 0.3 per bed or 0.5 per dwelling unit. Research conducted by Planning Staff supports the requirement to provide a minimum of 0.75 parking spaces per bed to provide sufficient parking for residents, employees and visitors. To ensure the proposed development will conform to the Citys Official Plan, it is also recommended that a Holding (H). Symbol be utilized to ensure the appropriate plans and studies are prepared to the Citys satisfaction prior to allowing development to proceed on this site as detailed in Attachment 2. Attachment 3 is the Draft Zoning By-law Amendment. OTHER PLANNNG MATTERS Public Open House: n accordance with City Policy , the City of Orillia hosted an Open House on February 1, Landowners within 125m of the subject property were circulated Notices, as well Notices were advertised in the City Hall Bulletin on January 12th, 2012 and January 26th, Eleven (11) citizens attended the Open House on February 1, Concerns about the proposed density of the future development and ensuring that the proposed development provides adequate parking were discussed. H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 11 of 100

12 10 Site Plan Approval: Under the Citys current Site Plan Control By-law, any proposed development that requires a Stormwater Management Plan, requires the dedication of land for road widening purposes, or requires municipal easements will trigger the requirement to undertake Site Plan Approval. Otherwise, Single Detached Dwellings, Semi-Detached Dwellings, Duplexes, Triplexes, Converted Dwellings, Double-Duplexes are exempt from the Citys current Site Plan Control By-law. Depending on the type and nature of uses proposed, it will be determined at that time whether or not Site Plan Approval will be required. Parkland Dedication By-law: The Citys Parkland Dedication By-law requires the payment of cash-in-lieu for increases to residential density at a value of 5% of the land. The amount owing will depend on the nature and extent of the uses proposed and is payable at the time of Building Permit(s). Tree Conservation By-law: Since the property is larger than 0.5 hectare, the Citys Tree Conservation By-law is applicable. COMMENTS FROM OTHER DEPARTMENTSAGENCES The application was circulated to potentially affected City Departments and outside agencies. The following is a summary of the comments received: Orillia Power Distribution Corporation No objection. Note: The full cost of electrical servicing and any relocation of any OPDC owned poles, wires, or other equipment that may be required will be the sole responsibility of the property ownerdeveloper. Director of Public Works Approximate 3m road widening is required along Westmount Drive North frontage to increase the width of the road allowance to 26m (after the remaining widening on the other side of the road is taken). f the existing building is to remain, this could be secured through an easement for the duration of the buildings life. John Street and Mary Street are approximately 15m wide. A 20m right-of-way is desired. A 2.5m road widening along both streets is recommended. Planning Staff Comment: These requests are consistent with the Official Plans policies set out in Section H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 12 of 100

13 11 To address Public Works request to widen all three streets abutting the subject property, it is recommended that a Holding (H) Symbol be utilized to ensure that an opportunity will exist (prior to development) to satisfy Public Works land dedication requirements. The City may wish to secure this land prior to selling the property. A bus bay will ultimately be required at the southeast corner of John Street and Westmount Drive North (northwest corner of the property). t will likely be developer driven (and paid for) due to the anticipated density of the future development. Planning Staff Comment: This request for land to be dedicated for a transit routestop is consistent with the Official Plans policies set out in Section To address Public Works request for a bus bay along Westmount Drive North, it is recommended that a Holding (H) Symbol be utilized to ensure that an opportunity will exist (prior to development) to satisfy Public Works land dedication requirements. John Street to Mary Street along Westmount Drive North is a short block, as such, it may be appropriate to prohibit or limit entrances on Westmount Drive North (perhaps to one at mid-block). Planning Staff Comment: This request to limit entrances on Westmount Drive North is consistent with the Official Plans policies set out in Section d) ii) regarding form and function of Arterial Roads. To address Public Works request, it is recommended that a Holding (H) Symbol be utilized to require the submission of a Streetscape Plan, Traffic mpact Study and Entrance Analysis that satisfactorily addresses the applicable Official Plan policies. t is likely that a Traffic mpact Study will be needed. A limited scope may be appropriate to address the impact on John Street and Mary Street, entrance issues, and turns out of Mary Street and John Street. Planning Staff Comment: To address Public Works request, it is recommended that a Holding (H) Symbol be utilized to require the submission of a Traffic mpact Study and Entrance Analysis, to the Citys satisfaction. The scope of the Study can be determined H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 13 of 100

14 12 once the proposed development is known through consultations with City staff. Be advised that there is a large storm sewer on the south side of John Street that may affect sanitary services for the site. But it is noted that this is not a rezoning issue. Planning Staff Comment: To address Public Works comment, it is recommended that a Holding (H) Symbol be utilized to ensure that the Public Works Department is satisfied that there are adequate municipal services to accommodate the proposed development. Manager of Development The following comments are very preliminary. Once the intended land use(s) are known, then the following comments can be further elaborated and defined in detail: A site servicing study prepared by a Consulting Engineer for water supply and sanitary sewage disposal may be required to determine the requirements of the proposed development, service methods and the impact on the City system. Confirmation is required from the Consulting Engineer that the existing municipal system can accommodate the proposed developments service requirements. f system improvements are necessary to accommodate the development, improvements will be undertaken by the City at the applicants expense. Planning Staff Comment: As stated above, it is recommended that a Holding (H) Symbol be utilized to ensure that the Public Works Department is satisfied that there are adequate municipal services to accommodate the proposed development. M.O.E Approval may be required if municipal services i.e. (sanitary, water, and storm) are required to be extended to facilitate a development. All Utility Easements and Right-of-Ways must be secured at the Developers expense, to be assumed by the City, subject to approval by the City. Signed and Sealed Engineering "Certificates of Completion" from the Consulting Engineers will be required. A storm water management study and report by a Consulting Engineer knowledgeable in such matters may be required. Planning Staff Comment: t is recommended that a Holding (H) Symbol be utilized to require the submission of a Stormwater Management Plan, if deemed warranted. f a Stormwater Management Plan is H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 14 of 100

15 13 required, then it must comply with the Lake Simcoe Protection Plan. Simcoe County District School Board No objection. Elementary students may attend Lions Oval Public School and secondary students may attend Park Street Collegiate nstitute. Bell Canada No conditionsobjections. f there are any conflicts with existing Bell Canada facilities or easements, the OwnerDeveloper shall be responsible for re-arrangements or relocations. Rogers Communications nc. Rogers services in the former Mount Slaven Public School were disconnected in April However, Rogers feed to the building is still active. While Rogers has no concerns regarding this proposed Amendment, they wish to be notified of this Amendment if it is approved. Rogers also wishes to be notified if there is any demolition andor construction activity on this property. Prior notification of any activity will allow Rogers the opportunity to remove our feed from the existing building. The following Departments and Agencies responded and had no comments, concerns or objections to the requested amendment: Parks and Recreation Department Economic Development Office Chief Building Official Fire Department No responses were received from: City Clerk Housing Committee Simcoe Muskoka Catholic District School Board Ministry of Culture, Tourism and Sport Union Gas Police Policy mpact No policy impacts have been identified. Provided that a Holding (H) Symbol is utilized to require the preparation and satisfactory submission of the plans and studies, as outlined in Attachment 2, the Draft Zoning By-law Amendment will conform to, and will be consistent with all applicable policies. H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 15 of 100

16 14 Financial mpact f this Zoning By-law Amendment is approved and the property is sold, the purchaser will be required to pay all applicable fees and charges prior to the issuance of a building permit. Summary The purpose of the Zoning By-law Amendment application is to permit a range of residential uses in conformity with the Official Plans "Living Area - Stable Neighbourhood" designation. The application is consistent with the Provincial Policy Statement, 2005 and conforms to Growth Plan for the Greater Golden Horseshoe, 2006, as amended. To ensure the future development of this property will conform to the Citys Official Plan, it is recommended that a Holding (H) Symbol be utilized to require the preparation and satisfactory submission of the required plans and studies as detailed in Attachment 2. The future land uses, density, and urban form are unknown at this point in time. This will be solidified during the development of a Comprehensive Development Plan for the entire landholdings, as required by the Citys Official Plan. Prepared by: Respectfully submitted by: it_21 t lan Sugden, rjc1p, RPP Director of Planning and Development Attachments: 1. Location Map 2. Conditions for Removal of Holding (H) Symbol 3. Draft Zoning By-law Amendment H:014 Zoning2011D14-785_Mount Slaven School Site_50 Westmount DriveRPT_50 Westmount Dr N_Mount Slaven School.doc Page 16 of 100

17 ~ Subject Property Attachment 1: Location Map 50 WESTMOUNT DRVE NORTH City of Orillia Scale 30m Page 17 of 100

18 Attachment 2: Conditions for Removal of Holding (H) Symbol General Development Policies for Multiple-unit Buildings and Townhouses Traffic mpact Study and Entrance Analysis and Streetscape Plan are required to ensure that the Local Roads of John Street and Mary Street are capable of handling direct access from townhouses and multiple-unit buildings, if these uses are proposed General Development Policies for Bed and Breakfast Establishments Streetscape Plan is required to address this policy requirement to ensure adequate parking and buffering is provided and the building is compatible with the neighbourhood, if Bed & Breakfast Establishments are proposed. Page 18 of 100

19 Section 5.4- Policies for Archaeological Sites n reviewing the Provincial Checklist, it is recommended that an Archaeological Assessment be undertaken prior to any development given the local knowledge that there was a burial ground and a former native village near the property. f the Archaeological Assessment reveals to archaeological resources, then a Conservation Plan will need to be prepared and a clearance letter from the Ministry of Culture, Tourism and Sport will be required prior to any site alteration Page 19 of 100

20 or development occurs on the property. Section Design Policies for Roads f a private road is proposed to accommodate the development, then the Streetscape Plan is required to address the applicable design policies for private roads Design Policies for Transit The required Traffic mpact Study and Streetscape Plan must address the applicable design policies for public transit prior to development General Policies for Municipal Services The proposed development must provide adequate of municipal water and sanitary sewage dis al services. Page 20 of 100

21 Attachment 3: Draft Zoning By-law Amendment BY-LAW NUMBER 2012-XX OF THE CTY OF ORLLA AMENDMENT NUMBER XXX TO BY-LAW NUMBER , THE ZONNG BY-LAW FOR THE CTY OF ORLLA (CTY OF ORLLA- 50 WESTMOUNT DRVE NORTH) WHEREAS the Council of the Corporation of the City of Orillia may pass by-laws pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS the Council of the Corporation of the City of Orillia identified a need to rezone the parcel of land known municipally as 50 Westmount Drive North; AND WHEREAS the Council of the Corporation of the City of Orillia deems the said application to be in conformity with the Official Plan of the City of Orillia, as amended, and deems it advisable to amend By-law , as amended. NOW THEREFORE THE COUNCL OF THE CORPORATON OF THE CTY OF ORLLA HEREBY ENACTS AS FOLLOWS: 1. THAT Schedule "A" to By-law Number , as amended, is hereby further amended by zoning the lands identified on Schedule "A-1" attached as "First Density Multiple Residential Exception Thirty-Three - Holding Exception Four" [RM1-33(H-4)]; 2. THAT the following Section is hereby added to Section 13.3 of Bylaw Number , as amended: " FRST DENSTY MULTPLE RESDENTAL EXCEPTON THRTY-THREE n addition to the uses permitted in Section , a Secondary Dwelling Unit may be permitted to be located within a Single Detached Dwelling or Semi-Detached Dwelling with the provision of 1 additional parking space. For the purposes of "RM1-33", Secondary Dwelling Unit shall be defined as "one separate dwelling unit, which is contained in a single-detached or semi-detached dwelling for a total of no more than two dwelling units located within the dwelling and may also comply with the definition of duplex." Page 21 of 100

22 n addition to the uses permitted in Section and notwithstanding Sections and , the lands zoned "RM 1-33" may also be used for a Nursing Home, Home for the Aged, Retirement Home or Retirement Lodge in accordance with the provisions of the "CF" zone subject to the following exceptions: (a) Parking shall be supplied in a minimum ratio of 0.75 per bed of which 20 o shall be for visitor parking and 5 o shall be for persons with disabilities. (b) Building Height (max.) 11m" n addition to the uses permitted in Section , the lands zoned "RM 1-33" may also be used for a use permitted in the "R4" zone in accordance with the provisions of the "R4" zone. 3. THAT the following Section is hereby added to Section 27.2 of Bylaw Number , as amended: " HOLDNG EXCEPTON FOUR (H-4) ZONE The removal of Holding Exception Four (H-4) is conditional upon: i. Submission of a Comprehensive Development Plan in accordance with Policy g) of the Citys Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended) to the satisfaction of the City. ii. iii. iv. Submission of an Archaeological Assessment and Conservation Plan (if archaeology resources are identified) in accordance with the applicable policies of 5.4 as set out in the Citys Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended) to the satisfaction of the Ministry of Tourism, Culture and Sport or its successor. Submission of a Streetscape Plan, including lighting, landscaping and detailed building elevations, demonstrating conformity to the applicable Policies as set out in , , , and c); Design Policies For Living Area as set out in Policy ; Design Policies for Roads" as set out in Policy , and policies for Public Transit set out in of the Citys Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended) to the satisfaction of the City. Submission of a Traffic mpact Study and Entrance Analysis demonstrating conformity to the applicable policies of , b), and of the Citys Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended), if the applicable uses andor roads are proposed, to the Citys satisfaction. Page 22 of 100

23 v. Submission of a Stormwater Management Plan, if the preparation of such a Plan is deemed to be warranted by the City, which demonstrates conformity to the applicable policies of 4. 7 v), w) and x) and Policy 6.2 of the Citys Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended) and as set out in the Lake Simcoe Protection Plan, as amended, to the satisfaction of the City. vi. vii. Satisfy the requirements of the Citys Public Works Department relative to the provision and adequacy of municipal water and sanitary sewage disposal services. Satisfy the requirements of the Citys Public Works Department with respect to the dedication of land (or easement, if deemed appropriate by the City) for road widening purposes along Westmount Drive North, Mary Street and John Street frontages, as well as the dedication of land for a transit bus bay at the northwest corner of the property along the Westmount Drive North frontage, in accordance with applicable policies set out in and of the Citys Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended), to the satisfaction of the City THAT Schedule "A-1" attached forms part of this By-law. THAT this By-law shall take effect as of the date of passing, subject to the provisions of the Planning Act, R.S.O. 1990, Chap. P.13 as amended. BY-LAW read a first, second and third time and finally passed on this 2nd day of April, A. D MAYOR CLERK Page 23 of 100

24 66,.,.-.,, 340 City of Orillia Schedule A-1 to By-law No _ enacted and passed the _ day in, Westmount Drive North AAAJ Lands to be rezoned from the Community Facility (CF) Zone... ~..._.., to the First Density Multiple Residential Exception Thirty-Three-Holding Exception Four (RM 1-33(H-4)) Zone. Page 24 of 100

25 REPORT TO: FROM: REPORT NO.: Mayor and Members of Council (Public Meeting of March 5 th, 2012) Andrea Woodrow, Senior Planner PD DATE: February 28, 2012 SUBJECT: Concurrent Applications for a: Zoning By-law Amendment Draft Plan of Subdivision Draft Plan of Condominium Applicant: Atlas Block Company Ltd. Agent: RUDY & Associates Ltd. (Mrs. Angela Rudy) Developer: Titan Homes (Mr. Lawrence Saltzman) 9 Ferguson Road (former Atlas Block Site) FLE NOS.: D14-784, 43T and 43CD OPTONS Option 1: THAT the Draft Zoning By-law Amendment for Application No. D14-784, the Draft Plan of Subdivision for Application No. 43T and the Draft Plan of Condominium for Application No. 43CD (Atlas Block Company Ltd. 9 Ferguson Road) be presented to Council for their consideration at the next available meeting. Option 2: THAT the Draft Zoning By-law Amendment for Application No. D14-784, the Draft Plan of Subdivision for Application No. 43T and the Draft Plan of Condominium for Application No. 43CD (Atlas Block Company Ltd. 9 Ferguson Road) be deferred until staff provide Council with the following additional information or modifications prior to a decision by Council: Option 3: THAT the Draft Zoning By-law Amendment for Application No. D14-784, the Draft Plan of Subdivision for Application No. 43T and the Draft Plan of Condominium for Application No. 43CD (Atlas Block Company Ltd. 9 Ferguson Road) be deferred and another Public Meeting of Council be held, in accordance with the minimum notice requirements set out in the Planning Act, to review the following additional information or modifications to be provided: BACKGROUND: (Attachment 1 - Location Map) Location: The subject property is bounded by Laclie Street to the west, Highway 11 to the north, Huronia Road to the east and Ferguson Road to the south and is known municipally as 9 Ferguson Road. H:D14 Zoning2011D Atlas Block Company Limited_9 Ferguson RoadPublic Meeting - March 5, 2012Planning Report.doc Page 25 of 100

26 2 Official Plan Designation: Present Zoning: Living Area ntensification Area Restricted ndustrial (M2) Zone General ndustrial (M3) Zone Proposed Zoning: First Density Multiple Residential Exception Thirty-Four -- Holding Exception Three [RM1-34(H-3)] Second Density Multiple Residential Exception Twenty-Seven Holding Exception Three [RM2-27(H-3)] Special Purpose Commercial Exception Twenty- Seven Holding Exception Three [C3-27(H-3)] Other Related Applications: None at this time Site Characteristics, Existing Uses & Development History: HGHWAY 11 n 1985, Atlas Block Company Ltd. commenced operation of their Orillia plant for manufacturing of concrete products and operated in this location until early The business then relocated to Hillsdale in Springwater Township leaving two vacant industrial buildings and a dwelling on the 9.6 hectare (24 acre) site. The majority of the other related outdoor storage containers and materials have been removed and the site is unoccupied at this time. SUNDAL DR LACLE ST The northern portion of the property is well treed. There are steep slopes in the interchange area of Laclie Street and Highway 11. There is also elevated topography along Huronia Road in the area of the former CN Rail Line. Figure 1: Excerpt from Topographic Plan (Taken from the Simcoe County GS Maps) Page 26 of 100

27 3 As shown in Figure 2, the central and southern portions of the site have been disturbed as a result of the former industrial operation and related outdoor storage of materials. The property has frontage on three (3) municipal roads as well as Highway 11, as follows: 430 metres (1,411 feet) along Laclie Street (approx.) 18 metres (59 feet) along Sundial Drive (approx.) 195 metres (640 feet) along Ferguson Road (approx.), and, 500 metres (1,640 feet) along the Laclie Street Highway 11 area under the Ministry of Transportation (MTO) jurisdiction (approx.) The municipal roads in the area of the subject lands presently have no sidewalks. Township of Severn Township of Severn HGHWAY 11 Sundial Dr Laclie St Figure 2: Aerial Photograph (excerpt) of the former Atlas Block Company Ltd. property & Surrounding Neighbourhood (Taken from the Simcoe County GS Maps) Surrounding Land Uses (Attachment 1 Location Map): The subject property is located at the City s northerly limits within an existing built-up area, including a mixture of commercial, industrial and residential uses. Page 27 of 100

28 4 The site is bounded by the following: North-west Highway 11 North-east - existing single detached dwellings, the majority of which are located within the Township of Severn East the City s trail system runs north to approximately Wilson Point, and the Drinkwater ndustrial Park is on the opposite side of Huronia Road South - existing residential directly abuts the subject lands West existing residential dwellings and commercial uses closer to Highway 11. There are also vacant lands to the west on the opposite side of Laclie Street, which was formerly the Sundial nn. There is a transit stop with shelter located on the north-east corner of Laclie Street and Sundial Drive. This stop is on the Laclie Route with half-hourly service. Proposed Development (Attachment 2 Draft Plan of Subdivision and Attachment 3 Draft Plan of Condominium): The proposed Draft Plan of Subdivision divides the property into blocks to accommodate the various facets of the proposed development. The northern portion of the property is proposed to accommodate up to 120 future Apartment Dwelling Units in the form of eight (8) Storey Apartment Buildings. The central portion of the property is proposed to accommodate up to 178 Townhouse Dwelling Units as well as two (2) stormwater management ponds that would serve the overall development. The third, or most southerly portion, is proposed for future Commercial Uses. The proposed Draft Plan of Common Elements Condominium would then facilitate the shared ownership of the Common Elements by future residents of the subject land. The proposed Common Elements include a private internal roadway, stormwater management ponds, open space and amenity areas, snow storage areas and visitor parking spaces. There are three (3) access points proposed to the subject lands. Two (2) entrances are proposed to the Townhouse Blocks - one from Laclie Street and the second from Huronia Road. The third proposed access is to the proposed future Commercial Block via a signalized intersection at Sundial Drive and the proposed entrance on Laclie Street. The proposed future Apartment Block would be accessed via the private, internal road that would be accessible from all three (3) proposed access points. Timeline of Proposed Development Titan Homes has indicated that this proposal, depending on market conditions, could require between six (6) and ten (10) years to complete. The first sixty (60) Townhouse Dwelling Units and the first stormwater management pond would likely be built within the first two (2) years at thirty (30) units per year. The next one hundred (100) Townhouse Dwelling Units would likely be constructed within three (3) to four (4) years from the date of approval, depending on market demand. The Commercial Block would also likely be completed within 3 to 4 years from the date of approval, but would be dependent on the uptake of the Townhouse Dwelling Units. Finally, the proposed Page 28 of 100

29 5 future, eight (8) storey Apartment Dwellings would be constructed within seven (7) to eight (8) years from the date of approval. The Planning Act re: Criteria in Considering Draft Plans of Subdivision (and Condominium) Subsection 51(24) of the Planning Act stipulates than when considering a Draft Plan of Subdivision, regard shall be had to the health safety convenience and accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to: (a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in Section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; (j) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (l) the extent to which the plans design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m)the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under Subsection 41 (2) of the Act. The following Analysis & Options Section of this Report, together with the appended Draft Plans of Subdivision and Condominium and related Conditions of Approval provide a detailed analysis of each of these considerations. ANALYSS & OPTONS The Provincial Policy Statement 2005 The Provincial Policy Statement 2005 (PPS) encourages development to reflect the future needs of the community while achieving efficient land use patterns. All planning decisions shall be consistent with the Provincial Policy Statement, Page 29 of 100

30 6 The policies encourage efficient, compact development through intensification and redevelopment, together with a range of housing types and densities. The policies are intended to encourage a more efficient use of land, resources and existing infrastructure by encouraging development, where feasible, to utilize suitable existing buildings, infrastructure and public service facilities and away from significant or sensitive resources and areas which may pose a risk to public health and safety. ntensification includes the development of a property at a higher density than currently exists through the development of vacant andor underutilized lots within previously developed areas as well as the expansion or conversion of existing buildings. Redevelopment means the creation of new units, uses or lots on previously developed land (including brownfield sites) within existing communities. The applications, to permit a range of residential and commercial uses, conform to the definition of redevelopment and promote opportunities for intensification as the proposal encourages the subject property to be redeveloped at a higher density than currently exists. The proposal, together with the recommended regulations in the proposed Zoning Bylaw Amendment and the proposed Conditions of Approval for the Subdivision and Condominium, will also address the protection of natural resources, archaeological resources, compatibility between proposed sensitive residential land uses, existing industrial uses (i.e. Drinkwater ndustrial Park) and existing transportation corridors (i.e. Highway 11), as well as the redevelopment of a former industrial site for more sensitive (i.e. residential) land uses. These matters are touched upon in more detail under the Official Plan subsection that follows within this Report. These applications address consistency with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, 2006, as amended The Growth Plan is a 25-year plan to direct and manage growth for the purposes of building complete communities that are well-designed; offer a mix of housing, jobs and transportation choices; and have easy access to stores and services to meet daily needs. On January 19, 2012 the Growth Plan was amended to include new policies which specifically apply to development within the Simcoe County. The City of Orillia has been identified as one of the Primary Settlement Areas in Simcoe County and is required to plan for intensification areas; to create complete communities; and to ensure development is high quality urban form. All planning decisions in the City of Orillia must conform to the Growth Plan. The Growth Plan establishes targets for growth and development, including directing a significant portion of new growth to existing built-up areas where infrastructure and public services exist to accommodate expected population and employment growth. n order to obtain these goals municipalities must look towards the redevelopment of Page 30 of 100

31 7 existing sites at a higher density than currently exists, which may occur by expansion or conversion of existing buildings. The subject property is municipally serviced and located within the City s existing builtup area. The application conforms to the Growth Plan s definitions of intensification and redevelopment, which are to be encouraged and promoted, especially within the City s existing built-up area. These applications conform to the Growth Plan for the Greater Golden Horseshoe, Lake Simcoe Protection Plan (2009) The subject lands fall outside of the Lake Simcoe watershed and are therefore the subject applications are not subject to the Plan. Official Plan of the City of Orillia (2011) The Official Plan was approved, with modifications, by the Ministry of Municipal Affairs and Housing on March 17, Portions of the Plan are currently under appeal to the Ontario Municipal Board (OMB). Therefore, in accordance with Subsection 17(38) of the Planning Act, the specific policies not under appeal came into effect on April 8, 2011 (the day after the last day for filing a notice of appeal). Some policies that relate directly to the subject property and the associated development proposal are subject to appeals and are therefore not in effect at this time. The appeals relate to clarification of some of the Permitted Uses, as well as the Urban Design policies. However, these specific policies are the subject of ongoing potential settlement discussions between the City and the appellants. To date, policy options have been discussed in a very positive manner that will likely result in a presentation of Minutes of Settlement to Council for approval in the near future and negate the need to proceed to a full Ontario Municipal Board (OMB) hearing. Subsection 24(2) of the Planning Act allows Council to pass a Zoning By-law Amendment that does not conform to the Official Plan, but will conform with it when the applicable Sections (i.e. the policies currently under appeal) of the Official Plan come into effect, either through Minutes of Settlement or an OMB HearingDecision. Therefore it is recommended that if the subject Zoning By-law Amendment is passed by Council, that it be passed in accordance with the provisions of Subsection 24(2) and Sections 34 and 36 of the Planning Act. This has been explained to representatives from Titan Homes and RUDY & Associates Ltd. The following is a summary of the policies applicable to the subject applications, which are located within the Living Area ntensification Area designation on Schedule A Land Use: Page 31 of 100

32 General Living Area Policies (Section 3.3) 8 The Living Area provides the main location for housing in Orillia outside of the Downtown Area. The policies also aim to protect and enhance the existing character of neighbourhoods, while at the same time permitting some forms of new development that are compatible with existing development. Compatible (as defined in the City s Official Plan) development may not necessarily be the same or similar to existing buildings, but enhances an established community and coexists with existing development without causing any undue adverse impact on surrounding properties. ncluded in the policies is the direction to have sufficient land available through intensification and redevelopment opportunities to accommodate an appropriate range and mix of employment opportunities, housing types and other land uses to meet the City s projected needs for a time horizon of up to 20 years. Through the Official Plan, Orillia encourages the development of housing that is affordable for low and moderate income households or individuals as a housing option. The Official Plan requires that a minimum of 25 percent of all new development within the ntensification Area, calculated on a City-wide basis, meet the definition of Affordable. The current Affordable Housing price for Orillia is $220,871.31; however, since the detailed design of the proposed Townhouse and Apartment Dwelling Units has not been finalized, it is difficult to determine whether the City s definition of Affordable can be achieved, in part, at this time. The policies also address, infill housing, as well as specific requirements for multiple unit buildings and townhouses, and apartment buildings including the requirement for traffic studies for proposals on local roads and demonstration of proximity to existing or planned public transit routes. n this case, a Traffic mpact Assessment has been prepared in support of the development and the subject lands are within the required 250 metres of the existing Laclie Street route. ntent of the Living Area ntensification Area Designation (Section ) These are the specific areas within the Living Area that have been identified for higher density development including a mixture of residential, office retail and service commercial uses that take advantage of their location on roads that can accommodate public transit routes. The subject proposal meets the intent of the designation. Permitted Uses (Section ) and Prohibited Uses (Section ) The ntensification Area designation permits mixed-use retailofficecommercialresidential buildings, tourist accommodations, stand-alone retail, restaurants and service commercial uses. Other permitted uses including stand-alone, multiple-unit buildings, townhouses and apartment buildings are currently under appeal, but are the subject of ongoing potential settlement discussions between the City and the appellants for the purposes of providing further clarification of the permitted uses and can be addressed under Subsection 24(2) of the Planning Act as noted previously. Page 32 of 100

33 9 Prohibited uses include new single-detached, semi-detached and duplex dwelling units and stand-alone parking lots as they are more land consumptive while at the same time offering less density and opportunity for intensification. Development Policies for the ntensification Area (Section ) All buildings within the ntensification Area designation shall be between 2 storeys, or equivalent, and 8 storeys in height to achieve the goal of higher densities and meet the Provincial intensification objectives and targets. These requirements are reflected in the draft Zoning By-law Amendment. n terms of urban design, the subject lands do not trigger the requirement for providing angular planes as part of the building design since the lands do not directly abut properties located within the Stable Neighbourhood designation. Other urban design requirements, such as build-within-zones, have been addressed in the draft Zoning By-law Amendment through the implementation of maximum front yard setbacks. Since parking lots shall not be located in front yards, (i.e. for the commercial and apartment buildings), they must be located to the side andor rear of buildings. The intent is to keep the front of buildings oriented to the street to create an environment that is safe for, and encourages, pedestrian movement. This will be addressed further through detailed Site Plan Approval. The requirement for and location of centralized access points to the development, including an internal, shared private condominium road, has already been addressed comprehensively on the draft Plans of Subdivision and Condominium as identified through the completion of a Traffic mpact Assessment. Centralized access points also minimize the number of vehicle crossings of the Millenium Trail and entrances out onto municipal roads. Design Policies for the Living Area (Section 3.3.7) The City s Official Plan contains extensive urban design policies for development located in the City s Living Area designation to enhance the livability and physical appeal of the community. As previously noted, some of these policies are currently under appeal and the subject of ongoing potential settlement discussions. Therefore, it is recommended that the subject lands be zoned in a manner that includes a Holding (H) Symbol and that the Conditions of Approval for the Plan of Subdivision and Condominium all address the requirements of the Design Policies at the detailed Site Plan Approval stage, which will include the submission of a Streetscape Plan, to the City s satisfaction, to ensure the proposed development will conform to the City s Official Plan. Human Made Hazards (Section 4.9) The City s Official Plan stipulates the requirement for the submission of a Record of Site Condition (RSC) to be filed in the Environmental Site Registry when a development proposes a transition from a use which may have produced a contamination (i.e. an industrial use) to a more sensitive use (i.e. residential). An underground fuel storage Page 33 of 100

34 10 tank on the subject lands was removed in Testing of surrounding soils determined that the applicable Ministry of the Environment standards had been met. Record of Site Condition # was submitted on June 23, 2011, in accordance with the provisions of the Environmental Protection Act. Archaeology (Section 5.4) An Archaeological Assessment is required by both the Planning Act and the City s Official Plan as part of all applications for subdivision and condominium approval in areas where there is known archaeological resources or archaeological potential. Titan Homes has submitted both Stage 1 and Stage 2 Archaeological Assessment Reports. The Stage 1 Assessment found that the northern portion of the subject property had archaeological potential because it is relatively undisturbed, it is located in an area which was intensively occupied by aboriginal groups in the past and was settled by early Euro-Canadian pioneers in the 1830 s. A Stage 2 Assessment was therefore recommended and undertaken and included shovel test pits in the potentially undisturbed, northern portion of the site. The results of the Stage 2 Assessment indicate that there are no significant archaeological resources present on the subject lands, and that the development of the property will not impact any archaeological resources. When all matters relating to archaeological sites within the project area of a development proposal have been addressed to the satisfaction of the Ministry of Tourism, Culture and Sport, a letter will be issued by the Ministry stating that there are no further concerns as a result of the proposed development. t is therefore recommended that the subject lands be zoned in a manner that includes a Holding (H) Symbol and that the Conditions of Approval for the Plans of Subdivision and Condominium all address the requirement for a Clearance Letter from the Ministry of Tourism, Culture and Sport, to the City s satisfaction, to ensure the proposed development will conform to the City s Official Plan. Policies for Roads (Section 6.1.4) A Traffic mpact Assessment was submitted in support of the development proposal and included an analysis of existing and future traffic volumes, resulting traffic impacts, road system improvements as well as sight lines and access points to the site. The study included a recommendation that there will be a need for future signalization at the intersection of the proposed commercial entrance on the east side of Laclie Street where it intersects with Sundial Drive. The City will therefore require the installation of the traffic signals, together with any associated road improvements, as part of the Site Plan Approval for the future commercial block. The Ministry of Transportation (MTO) has commented that the development of the site will not adversely impact on Highway 11 operations. The City s Official Plan policies require that the proposed internal, private condominium road to have a minimum 9 metre wide right-of way; 6 metres of which will be a paved road surface, and a sidewalk will be required on one side. The right-of-way will provide Page 34 of 100

35 11 vehicular and pedestrian connections between the future apartment block, the townhouse blocks and the future commercial block. Arterial roads such as Laclie Street are required to have sidewalks on both sides. Therefore, a sidewalk extending from the Laclie Street access to the townhouse blocks south to the existing bus stop will be required as part of the development of the subject lands. t is therefore recommended that the subject lands be zoned in a manner that includes a Holding (H) Symbol and that the Conditions of Approval for the Plans of Subdivision and Condominium all address the requirement for signalization, related road improvements and sidewalks at the applicable phase of the development, to the City s satisfaction, to ensure the proposed development will conform to the City s Official Plan. Stormwater Management Facilities (Section 6.2) The Preliminary Stormwater Management Report submitted in support of the overall development identifies that two (2) stormwater management ponds are required. The MTO has indicated that based upon the preliminary findings, it does not appear that the development of the site will adversely impact on Highway 11 drainage. n addition to performing their engineered quality and quantity control functions, stormwater management ponds are also to be key features within the community and an integral part of the parks system. t is therefore recommended that the subject lands be zoned in a manner that includes a Holding (H) Symbol and that the Conditions of Approval for the Plans of Subdivision and Condominium all address the requirements related to detailed design, including drainage directed to lands within the Township of Severn, together with landscaping and connections to the City s trail system, and examined in more detail during the Site Plan Approval and final design stage. This shall be completed to the City s satisfaction, to ensure the proposed development will conform to the City s Official Plan. Municipal Services (Section 6.3) The Functional Servicing Report submitted in support of the development identifies that overall, there is adequate sewer and water capacity to service the subject lands. More detailed design requirements will be undertaken through the Site Plan Approval. t is recommended that the subject lands be zoned in a manner that includes Holding (H) Symbol to address the appropriate timing and related requirements based upon the phasing of the proposed development. Land Use Compatibility (Section ) The Environmental Noise Feasibility Study submitted in support of the development addresses mitigation measures for surrounding noise impacts (i.e. industrial uses, Laclie Street and Highway 11) on the sensitive residential uses proposed for the subject lands. Page 35 of 100

36 12 t is therefore recommended that the subject lands be zoned in a manner that includes a Holding (H) Symbol and that the Conditions of Approval for the Plans of Subdivision and Condominium all address the recommendations of the study including sound barriers, and the installation of, or the provisions for the installation of, central air conditioning within individual Dwelling Units. This shall be completed to the City s satisfaction to ensure the proposed development will conform to the City s Official Plan. Holding (H) Provisions (Section 7.1.3) n accordance with the Planning Act, Council may pass a Zoning By-law Amendment which identifies a use of land, but places limitations on the actual development of the land until a later date when identified conditions have been met. As such, matters summarized in this report including archaeological potential, known or suspected contamination, environmental sensitivity, servicing capacity and phasing can adequately be addressed using a Holding or H Symbol, as proposed. Other Endangered Species Act New development applications trigger the requirement to ensure consistency with the Provincial Policy Statement. Although the northern portion of the property is relatively undisturbed and well-treed, it is not designated as an Environmental Protection Area in the City s Official Plan. However, given the treed area on the site, the lands must still be analyzed as potential habitat of Threatened and Endangered Species under Section of the PPS, and potential significant wildlife habitat for Species of Concern as Potential Significant Wildlife Habitat under Section of the PPS. t is therefore recommended that the subject lands be zoned in a manner that includes a Holding (H) Symbol and that the Conditions of Approval for the Plans of Subdivision and Condominium all address the requirement for a Preliminary Ecological Site Assessment undertaken by a qualified person to determine whether the subject lands contain Significant Habitat of an Endangered or a Threatened species, or potential Significant Wildlife Habitat of a Special Concern species. Zoning By-law , as amended (Attachment 4: Draft Zoning By-law Amendment) The subject lands are currently zoned Restricted ndustrial (M2) Zone, in part, and General ndustrial (M3) Zone, in part. A Zoning By-law Amendment is required to permit up to 178 Townhouse Dwelling Units, 120 Apartment Dwelling Units in eight (8) storey buildings, and the proposed Commercial Uses. t is proposed that the subject lands be rezoned to First Density Multiple Residential Exception Thirty-Four - Holding Exception Three [RM1-34(H-3)], in part, Second Density Multiple Residential Exception Twenty-Seven Holding Exception Three [RM2-27(H-3)], in part, and Special Purpose Commercial Exception Twenty- Seven Holding Exception Three [C3-27(H-3)], in part. Page 36 of 100

37 13 f the proposed Zoning By-law Amendment is approved to facilitate the proposed uses, then the following site-specific exceptions to the City s Zoning By-law , as amended, are required by the Titan Homes as follows: Subsection Description Zoning By-law Requirement Proposed General Provisions 3.5 Fence Height 2 metres (max.) 2.2 metres (max.) RM1-34 Zone 13.1 Permitted Uses (a) Front Yard Setback (d) Rear Yard Setback and Outdoor Living Area and associated Privacy Fence RM Permitted Uses Townhouses Up to 178 Townhouses and to also permit Stormwater Management Ponds 6 metres (min.) 6.5 metres (min.) 7.5 metres (min.) 12m 2 area with 1.8 metre high fence Townhouses (per RM1 provisions) Apartments Lot Frontage 30 metres (min.) (d) nterior Side Yard Setback Building Height Half of Building Height (14 metres) (min.) 12.5 metres (max.) Comments Required for Sound Barriers as a result of Noise Study Ponds required to facilitate all lands within the development proposal. ncreased standard to ensure vehicles do not overhang onto private road 7 metres (min.) Decreased standard to accommodate increased Front Yard Setback as noted above. None This is a typical requirement for rental units. Proposed units are to be freehold with their own private lot, including backyard. Up to 120 Apartment Dwelling Units Sets a maximum number of dwelling units for the subject lands. 9 m (min.) Although some frontage is provided along Hwy. 11, access will only be from the proposed internal private condominium road and must be recognized. 8 metres (min.) This easterly yard abuts the former CN Rail bed and then Huronia Road and should still be adequate as a setback to adjacent residential uses while providing flexibility for building location on this 28 metres (max.) irregularly shaped parcel. Official Plan permits up to 8 storeys in this area to Page 37 of 100

38 14 C Permitted Uses (a) Front Yard Setback (b) nterior Side Yard Setback and Lot Coverage for Buildings and Structures and Outdoor Display Areas Landscaped Open Space Broad range of uses including motor vehicle service station, restaurants, retail establishments, offices etc. 12 metres (min.) 7.5 metres (min.) Hotel, Motel 35% Other uses 40% All uses including Outdoor Display Areas 50% Additional commercial uses added to those in the C3 Zone that still conform to the Official Plan 4.5 metres (min.) support intensification. Additional permitted uses not only conform to the Official Plan, but will offer more flexibility for potential businesses to locate here. The Official Plan stipulates that parking lots shall not be located in the front yard. Therefore, there should be some flexibility to locate buildings closer to the street where they are desired for pedestrianfriendly development. 6 metres (min.) Similar to that noted above, a decreased side yard setback will provide flexibility as parking cannot be located in the front yard. 55% (max.) for all uses including Outdoor Display Areas Detailed design plans must demonstrate that the parking (min.) and landscaped open space (min.) requirements are also met. 20% (min.) 15% (min.) 15% is a standard minimum requirement in some of the larger format commercial zones. The Zoning By-law Amendment also proposes some minor modifications to definitions as they relate specifically to the subject lands for the purposes of providing clarity only. The Official Plan also requires that maximum front yard setbacks be imposed to require parking lots in the side and rear yards, and have been incorporated into the proposed Zoning By-law Amendment. A copy of the Draft Zoning By-law Amendment is included as Attachment 4. OTHER PLANNNG MATTERS Public Open House: n accordance with City Policy , Titan Homes and their agents hosted an Open House on January 11 th, 2012, at Couchiching Heights Public School. Landowners within 120 metres of the subject property were circulated Notice of the Open House. Page 38 of 100

39 15 There were a total of eight (8) citizens in attendance. Questions were mainly related to the proposed stormwater management ponds and associated drainage matters, as well as the potential impact of the development on private wells. Site Plan Approval: The City s current Site Plan Control By-law is applicable to multiple residential development, including townhouses and apartment buildings, as well as commercial development, as they require detailed review of plans and studies such as Stormwater Management and Landscaping. Draft Plans of Subdivision and Condominium and Conditions of Approval: As part of the approval of a Draft Plan of Subdivision and Condominium, a minimum three (3) year lapsing date can be imposed under the Planning Act. The window between an approval date and a lapsing date provides an opportunity for the proponent to satisfy all of the conditions imposed by Council in order to achieve Final Approval and registration. The proposed Conditions of Approval are included as Attachments 5 (Subdivision) and 6 (Condominium) to this Report. Site Plan Approval is one of the Conditions of Final Approval of the Plans of Subdivision and Condominium. During Site Plan Approval, it may become evident that there is a need to amend or red line the Draft Plans of Subdivision andor Condominium in order to satisfy a Condition or Conditions. Changes to Conditions can be made subject to the applicable provisions of the Planning Act and the City s Municipal Code. Cash-in-lieu of Parkland: The Parks and Recreation Department has not requested the dedication of lands to the municipality for public park purposes as a result of the subject applications. nstead, a payment in lieu of the dedication of parkland will be required. The Official Plan still requires private condominium amenity areas to be provided for the townhouse blocks and the apartment block, which is a separate and additional requirement from cash-in-lieu of parkland. Tree Conservation By-law: Since the property is larger than 0.5 hectare, the City s Tree Conservation By-law is applicable. COMMENTS FROM OTHER DEPARTMENTSAGENCES The application was circulated to potentially affected City Departments and outside agencies. The comments received were summarized and provided to Titan Homes and their agents as follows: Page 39 of 100

40 nterim Comment Summary 1 (January 24, 2012) included as Attachment 7. nterim Comment Summary 2 (February 1, 2012) included as Attachment 8. nterim Comment Summary 3 ( February 7, 2012) included as Attachment n response to the comments from the City, Titan Homes and their agents have responded to each comment, by corresponding number, as shown in the table included as Attachment 10. The majority of the comments have been addressed through revisions to the Draft Plans of Subdivision (Attachment 11) and Condominium (Attachment 12). Some of the key changes include: The creation of additional open space; The removal of smaller snow storage areas and instead consolidating them with larger, more functional snow storage areas; and The identification of site triangles where they are applicable. During the review of the revised Plans, a potential 1.5 metre wide pedestrian connection opportunity was identified between the 5 metre wide Passive Open Space (Block 29) and the private internal road (Block 3) to provide a loop as opposed to a dead end. Titan Homes and their agent responded favorably to this request and, as a result, a Condition of Approval for the Plans of Subdivision and Condominium has been added to require a 1.5 metre wide extension of Block 29 to Block 3. The balance of the comments can be addressed through Site Plan Approval, including detailed urban design requirements including landscaping, lighting and building elevations. PUBLC COMMENTS Two letters from members of the public were received as of the date of this Report. The letter dated December 29, 2011, from Mr. Saytar, addresses concerns with the commercial development component being proposed on the subject lands. The Growth Plan directs Primary Settlement Areas such as Orillia to create complete communities that meet people s daily living needs by providing convenient access to jobs, local services, a range of housing options and convenient access to public transportation. Commercial uses in this area will be of service and benefit to future residents of the new townhouse and apartment dwelling units as well as to the existing, surrounding community. The letter dated January 2, 2012, from Mr. and Mrs. Droder, addresses current drainage patterns on the subject lands and related off-site impacts. This letter was forwarded to the Ministry of Transportation (MTO) as well as Titan Homes and their agents for their consideration. The Conditions of Approval for the Subdivision and Condominium presently address that stormwater management facilities must be designed to the satisfaction of the City, the Township of Severn and the Ministry of Transportation. Page 40 of 100

41 17 POLCY MPACT No policy impacts have been identified. Provided the property is zoned in a manner that includes a Holding (H) Symbol subject to the preparation of the plans and studies, to the City s satisfaction, the application will conform to and is consistent with all applicable policies, save and except for those policies currently under appeal to the Ontario Municipal Board. Therefore, it is recommended that if Council is in favour of the draft Zoning By- Amendment, that it be passed pursuant to Subsection 24(2) and Sections 34 and 36 of the Planning Act such that the Amendment will take effect and conform with the Official Plan once the applicable Sections of the Official Plan currently under appeal come into effect, either through Minutes of Settlement or an OMB HearingDecision. FNANCAL MPACT f the subject applications are approved, Titan Homes will be required to pay all applicable fees, charges, and securities as Part of Site Plan Approval and prior to the issuance of Building Permits. SUMMARY All of the applications are consistent with the Provincial Policy Statement, 2005 and conform to the Growth Plan for the Greater Golden Horseshoe, 2006, as amended. The applications for approval of the Draft Plans of Subdivision and Condominium address the applicable Planning Act criteria. The purpose of the Zoning By-law Amendment application is to permit a mixeduse, multiple residential and commercial development that is in conformity with the general intent and purpose of the Official Plan s Living Area ntensification Area designation. f passed, it should also be pursuant to subsection 24(2) of the Planning Act given the outstanding directly related matters in the Official Plan presently under appeal to the Ontario Municipal Board. t is recommended that the property also be zoned in a manner that includes a Holding (H) Symbol to ensure that such matters summarized in this Report, including archaeological potential, environmental sensitivity, servicing capacity and phasing are adequately addressed to the satisfaction of the City. The purpose of the proposed Draft Plan of Subdivision is to divide the property into blocks to accommodate the various facets of the proposed development. n order to achieve Final Approval and registration, all of the Conditions of Approval that address City and agency requirements, must be met to the satisfaction of the City. The purpose of the proposed Draft Plan of Common Elements Condominium would be to facilitate the shared ownership of the Common Elements by future residents of the subject land, which include a private internal roadway, Page 41 of 100

42 18 stormwater management ponds, open space areas, snow storage areas and visitor parking spaces. n order to achieve Final Approval and registration, all of the Conditions of Approval that address City and agency requirements must be met to the satisfaction of the City. Prepared by: Respectfully submitted by: Andrea Woodrow, MCP, RPP Senior Planner an Sugden, MCP, RPP Director of Planning and Development Attachments: 1. Location Map 2. Draft Plan of Subdivision dated October 17, 2011 (superceded) 3. Draft Plan of Common Elements Condominium dated October 17, 2011 (superceded) 4. Draft Zoning By-law Amendment 5. Conditions of Approval - dated February 27, 2012 Subdivision Application No. 43T Conditions of Approval - dated February 27, 2012 Common Elements Condominium Application No. 43CD nterim Comment Summary No. 1 - dated January 14, nterim Comment Summary No. 2 - dated February 1, nterim Comment Summary No. 3 - dated February 7, RUDY & Associates Ltd. table of responses to nterim Comment Summaries - dated February 21, Revised Draft Plan of Subdivision dated February 14, Revised Draft Plan of Condominium dated February 14, 2012 Page 42 of 100

43 1382 TOWNSHP OF SEVERN HGHWAY EXSTNG RESDENTAL TOWNSHP OF SEVERN EXSTNG RESDENTAL VACANT LAND (FORMER SUNDAL NN) 9 MLLENUM TRAL WLSON PONT RD EXSTNG NDUSTRAL EXSTNG COMMERCAL EXSTNG RESDENTAL EXSTNG NDUSTRAL EXSTNG RESDENTAL SUNDAL DR Attachment 1: Location Map 9 FERGUSON ROAD Subject Property Existing Transit Stop with Shelter 0 City of Orillia Scale Page 43 of m

44 PD-12-07: ATTACHMENT 2 - Draft Plan of Subdivision dated October 17, 2011 (superceded) SUPERCEDED Page 44 of 100

45 PD-12-07: ATTACHMENT 3 - Draft Plan of Common Elements Condominium dated October 17, 2011 (superceded) SUPERCEDED Page 45 of 100

46 PD-12-07: ATTACHMENT 4 Draft Zoning By-law Amendment BY-LAW NUMBER 2012-XXX OF THE CTY OF ORLLA AMENDMENT NUMBER XX TO BY-LAW NUMBER , THE ZONNG BY-LAW FOR THE CTY OF ORLLA (Atlas Block Company Ltd. 9 Ferguson Road) WHEREAS the Council of the Corporation of the City of Orillia may pass by-laws pursuant to Sections 24(2), 34 and 36 of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS the Council of the Corporation of the City of Orillia has received an application to rezone a parcel of land known municipally as 9 Ferguson Road; AND WHEREAS Section 24(2) of the Planning Act, R.S.O., as amended, permits Council to pass a by-law that does not conform with the Official Plan, but will conform with it when Section comes into effect; AND WHEREAS the Council of the Corporation of the City of Orillia deems it advisable to amend By-law , NOW THEREFORE THE COUNCL OF THE CORPORATON OF THE CTY OF ORLLA HEREBY ENACTS AS FOLLOWS: 1. THAT Schedule A to By-law Number , as amended, is hereby further amended by zoning the land so identified on Schedule A-1 attached as First Density Multiple Residential Exception Thirty-Four Holding Exception Three [RM1-34(H-3)], in part, Second Density Multiple Residential Exception Twenty-Seven Holding Exception Three RM2-27(H- 3)], in part, and Special Purpose Commercial Exception Twenty-Seven Holding Exception Three [C3-27(H-3)], in part. 2. THAT the following new subsection is hereby added to Section 13.3 of By-law , as amended: FRST DENSTY MULTPLE RESDENTAL EXCEPTON THRTY-FOUR (RM1-34) ZONE Notwithstanding the definitions of LANDSCAPED OPEN SPACE, LOT, CORNER, LOT COVERAGE, LOT FRONTAGE and LOT LNE, EXTEROR, and for the purposes of the RM1-34 Zone only: Page 46 of 100

47 PD-12-07: ATTACHMENT 4 Draft Zoning By-law Amendment LANDSCAPED OPEN SPACE means the open space at grade on the total area of lands zoned RM1-34 used exclusively for landscaping and includes any surfaced walk, patio or similar area but does not include any driveway or ramp, any curb, retaining wall, parking space or any open space contained within or upon any building or structure. LOT, CORNER means a lot situated at the intersection of two streets, two private roads, or at the intersection of a street and a private road. LOT COVERAGE means the percentage of the total area of lands zoned RM1-34 that are covered by all buildings or structures or portions thereof above ground level. LOT FRONTAGE means the horizontal distance along and abutting Laclie Street prior to any subdivision of the subject lands into separate units and associated lots as permitted under subsection Following any subdivision of the subject lands under subsection , the Lot Frontage for each newly created separate unit and associated lot means the shortest lot line along and abutting a private road. LOT LNE, EXTEROR means a side lot line which abuts a street or a private road on a corner lot. SALES OFFCE, TEMPORARY means a building or structure utilized temporarily to support the promotion and sales of residential Dwelling Units Notwithstanding any provisions to the contrary of subsections 3.5.1, (a), (d), , and , lands zoned RM1-34 may also be used for a maximum of 178 Townhouse Dwelling Units, as well as stormwater management facilities and related infrastructure to accommodate the subject lands as well as the lands zoned RM2-27 and C3-27, subject to the following exceptions: (a) Fence Height (max.) 2.2 m (b) Front Yard (min.) 6.5 m (c) Rear Yard (min.) 7.0 m (d) Setback from Provincial Highway (min.) 14.0 m (e) Building Height (min.) 2 storeys or equivalent For the purposes of the RM1-34 Zone only, a building with a minimum height of 6 metres shall be deemed to be the equivalent of 2 storeys. Notwithstanding any other provisions of the Zoning By-law, as amended, Lot Frontage and Yard Requirements, shall not apply to the blocks on which stormwater management facilities are located. 3. THAT the following new subsection is hereby added to Section 14.3 of By-law , as amended: SECOND DENSTY MULTPLE RESDENTAL EXCEPTON TWENTY-SEVEN (RM2-27) ZONE Notwithstanding the definition of LOT and LOT FRONTAGE, and for the purpose of the RM2-27 Zone only: Page 47 of 100

48 PD-12-07: ATTACHMENT 4 Draft Zoning By-law Amendment LOT means the whole of the area zoned RM2-27 despite any future division thereof as a result of an approval under the Condominium Act, The provisions of the By-law, as amended, shall continue to apply to the whole of the area zoned RM2-27 as if no such division occurred. LOT FRONTAGE means the horizontal distance along and abutting a private road providing vehicular access to the lands zoned RM Notwithstanding any provisions to the contrary of subsections 3.5.1, , (c) (d), (f), , the lands zoned RM2-27 may also be used for a maximum of 120 Apartment Dwelling Units, subject to the following exceptions: (a) Fence Height (max.) 2.2 m (b) Lot Frontage (min.) 9.0 m (b) Southerly Yard (Setback from RM1-34 Zone) (min.) 7.5 m (c) Southerly Yard (Setback from RM1-34 Zone) (max.) 15.0 m (b) Westerly Yard (min.) 14.0 m (c) Northerly Yard (min.) 14.0 m (d) Easterly Yard (min.) 8.0 m (e) Building Height (max.) 28.0 m 4. THAT the following new subsection is hereby added to Section 18.3 of By-law , as amended: SPECAL PURPOSE COMMERCAL EXCEPTON TWENTY- SEVEN (C3-27) ZONE Notwithstanding the definition of LOT FRONTAGE, and for the purposes of the C3-27 zone only: LOT FRONTAGE means the horizontal distance along and abutting Laclie Street and Sundial Drive Notwithstanding any provisions to the contrary of subsections 3.5.1, (a), (b), (d), , , , and in addition to the uses permitted in Section , the lands zoned C3-27 may also be used for the following: Bank or Financial nstitution Club, Charitable, Service or Private Commercial School Community Centre Convenience Store Day Nursery Dry Cleaning or Laundry Establishment Funeral Parlour Hotel Apartment Medical Clinic Museum, Library Park Personal Service Shop Place of Worship Printer or Publisher Retail Store Retail Trade or Custom Workshop in Enclosed Building Service or Repair Shop Page 48 of 100

49 PD-12-07: ATTACHMENT 4 Draft Zoning By-law Amendment Dwelling units as part of a building containing a permitted nonresidential use on the ground floor subject to the following exceptions: (a) Fence Height (max.) 2.2 m (b) Westerly Yard (Setback from Laclie Street) (min.) 4.5 m (c) Westerly Yard (Setback from Laclie Street) (max.) 15.0 m (d) South-westerly Yard (Setback from Sundial Drive) (min.) 7.5 m (e) Southerly Yard (Setback from M2 Zone) (min.) 6.0 m (f) Northerly Yard (Setback from RM1-34 Zone) (min.) 6.0 m (g) Easterly Yard (Setback from Ferguson Road) (min.) 7.5 m (h) Building Height (min.) 2 storeys or equivalent (i) Building Height (max.) 12.5 m (j) Landscaped Open Space (min.) 15% (k) Lot Coverage including Outdoor Storage and 55% Display Areas (max.) (l) A minimum 1.5 m landscaped buffer is also required along both the easterly property boundary and the southerly property boundary of the C3-27 zone. A 1.8 m high opaque fence shall also be placed along the southerly boundary of the C3-27 zone. For the purposes of the C3-34 Zone only, a building with a minimum height of 5 metres shall be deemed to be the equivalent of 2 storeys. 5. THAT the following new subsection is hereby added to Section 27.2 of By-law , as amended: HOLDNG EXCEPTON THREE (H-3) ZONE THAT the removal of the H-3 symbol is conditional upon the City being satisfied or an agreement has been entered into satisfying the requirements of the City relative to: i. Submission of a Clearance Letter from the Ministry of Tourism, Culture and Sport, or its successor, in accordance with the applicable policies of Section 5.4 of the City s Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended). ii. iii. iv. Submission of a current Ecological Site Assessment, or equivalent study, to address any potential Species at Risk to the satisfaction of the City, and if necessary, the Ministry of Natural Resources, or its successor. Submission of a Streetscape Plan and or other applicable Plans that address lighting, landscaping and detailed building elevations, demonstrating conformity with the applicable Policies as set out in Sections (General Living Area Policies), (ntensification Area Designation), (Design Policies for the Living Area), 6.1 (Transportation) and 6.3 (Stormwater Management) in the City s Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended) to the satisfaction of the City. Submission of a detailed Stormwater Management Report to the satisfaction of the City, the Township of Severn and the Ministry of Transportation, or its successor, in accordance with Section 6.3 Page 49 of 100

50 PD-12-07: ATTACHMENT 4 Draft Zoning By-law Amendment (Stormwater Management) of the City s Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended), including Level 1 (Enhanced) Stormwater Protection, to the satisfaction of the City, and if necessary, the Ministry of the Environment, or its successor. v. Submission of a Traffic mpact Study and Entrance Analysis demonstrating conformity to the applicable policies of , , 6.1.4, of the City s Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended), to the satisfaction of the City and the Ministry of Transportation, or its successor. vi. vii. viii. Submission of a Noise Study to demonstrate conformity with policy (Land Use Compatibility) of the City s Official Plan (approved by the Ministry of Municipal Affairs and Housing on March 17, 2011 and as amended), to the satisfaction of the City Satisfaction of the requirements of the City s Public Works Department relative to the provision and adequacy of municipal water, sanitary sewage disposal services, site access and any necessary improvements to municipal roads and rights-of-way, including the provision of sidewalks, where deemed necessary. For the purposes of the development of the C3-27 Zone, or where the demand is warranted prior to the development of the C3-27 Zone, the provisions for the installation of traffic lights, and any related improvements to municipal roads and rights-of way, at the intersection of Sundial Drive and access point to the lands zoned C THAT Schedule A-1 attached forms part of this By-law. 5. THAT until such time as the H-3 symbol is lifted, lands zoned [RM1-34(H-3)] shall be limited to existing uses and a Temporary Sales Office. 6. THAT this By-law shall take effect as of the date of passing, subject to the provisions of the Planning Act, R.S.O. 1990, Chap. P.13 as amended. BY-LAW read a first, second and third time and finally passed on this XX th day of XXXXXXX, A. D MAYOR CLERK Page 50 of 100

51 TOWNSHP OF SEVERN HGHWAY 11 TOWNSHP OF SEVERN MLLENUM TRAL 4387 WLSON PONT RD GOLDE DR SUNDAL DR City of Orillia Schedule A-1 to By-law No enacted and passed the day in, Ferguson Road Lands to be rezoned from the Restricted ndustrial (M2) Zone and the General ndustrial (M3) Zone to the First Density Multiple Residential Exception Thirty-Four-Holding Exception Three (RM1-34(H-3)) Zone. Lands to be rezoned from the Restricted ndustrial (M2) Zone to the Second Density Multiple Residential Exception Twenty-Seven-Holding Exception Three (RM2-27(H-3)) Zone. Lands to be rezoned from the General ndustrial (M3) Zone to the Special Purpose Commercial Exception Twenty-Seven-Holding Exception Three (C3-27(H-3)) Zone. Page 51 of

52 PD-12-07: ATTACHMENT 5 Conditions for Final Approval (Subdivision) City of Orillia - File No. 43T The Councils Conditions and amendments to Final Plan Approval for registration of this Subdivision, File No. 43T are as follows: CONDTONS 1. That this approval applies to the Draft Plan of Subdivision of Part of Lot 3 and Part of Lot 4, Concession 6, (Geographic Township of South Orillia), City of Orillia, County of Simcoe, prepared by C.T Strongman Surveying Ltd., dated February 14, 2012, which provides for a total of 37 Blocks to accommodate: 178 Townhouse Dwelling Units (Blocks 20 to 28 inclusive) as a Common Elements Condominium, sharing common elements comprised of a private road (Block 3), open space areas (Blcoks 29 and 30), Ministry of Transportation (MTO) setback areas (Blocks 4 and 5), stormwater management ponds (Blocks 6 and 7), landscaped buffer snow storage areas (Blocks 8 to 10 inclusive), visitor parking snow storage areas (Blocks 12 to 16 inclusive), and snow storage areas (Blocks 17 to 19 inclusive); a Block for future Apartment Dwelling Units (Block 1); a Block for future commercial uses (Block 2); and 0.3m reserves (Blocks 11, and 31 to 37 inclusive). The 0.3 metre reserves exclude the proposed entrance location to Block 2 at Laclie Street, and exclude the two proposed entrance locations to Block 3 at Laclie Street and Huronia Road. 2. That a Noise Study, Archaeological Assessment, Environmental Site Assessment, Site Servicing Summary, Traffic Study, Stormwater Management Study and Report (addressing Level 1 Enhanced Protection), Erosions and Sediment Control Plan, Geotechnical Soils Report and Measure of Available Fire Flow be prepared by a Consulting Engineer to the satisfaction of the City prior to Final Approval of the Plan of Subdivision. 3. That the owner be required to pay cash-in-lieu of the conveyance of 5% of the value of the land included in the Plans to the City for park purposes pursuant to the provisions of Section 51.1(3) of the Planning Act. 4. That any dead ends and open sides of road allowances created by this Plan of Subdivision may be terminated in 0.3 metre reserves, to be conveyed to the City and held in trust by the City until required for future road allowances of the development of adjacent lands and that suitable access is available to each phase of development. 5. That the owner shall enter into a Development Agreement with the City to satisfy all conditions, financial or otherwise, of the City concerning the provision of roads, sidewalks, trails, easements, rights-of-way, entrances, installation of services, drainage, waste collection (garbage, recycling, organics), construction of the development, landscaping, urban design, lighting, parking facilities and access for fire protection. 6. That the Development Agreement shall include the requirement for a Development Phasing Plan to the satisfaction of the City. February 27, 2012 Page 52 of 100

53 PD-12-07: ATTACHMENT 5 Conditions for Final Approval (Subdivision) City of Orillia - File No. 43T That prior to Final Approval of any phases of the Draft Plan of Subdivision, the owner shall satisfy the City that a means of access to a public or private road allowance for that phase has been provided. 8. That prior or Final Approval of any phases of the Draft Plan of Subdivision, the owner shall identify a location for access for construction vehicles and equipment for that phase to the satisfaction of the City. 9. That the Development Agreement address that all internal services and driveways will remain private and will not be assumed by the City at any time in the future. 10. That the Development Agreement address the installation of Fire Route and Barrier Free Parking Signage to the satisfaction of the City. 11. That the Development Agreement address snow storage and removal so that snow accumulated in the designated snow storage areas is trucked off site as required in order to ensure that snow does not encroach on City property or adjacent lands or become a visual barrier to vehicles or physical barrier impeding traffic flows or emergency service vehicle movement on the said lands or adjacent lands. 12. That the Development Agreement address the requirement for architectural control, including the requirement for a Streetscape Plan(s) (including lighting, landscaping and fencing) and detailed Building Elevations, to ensure that all development is undertaken and completed in accordance with the applicable urban design policies and to demonstrate compatibility with surrounding land uses, including Shadow Studies where necessary, as stipulated in the general Living Area policies, the Living Area ntensification Area policies, the Design Policies for the Living Area policies, the Transportation policies, and the Stormwater Management Facilities policies contained within the City s Official Plan, to the satisfaction of the City. 13. That the Development Agreement require that pedestrian scale, Dark Skies friendly lighting shall be provided adjacent to roads, walkways, pedestrian routes and within amenity areas. 14. That any easements andor rights-of-way as may be required for access, utility or drainage purposes shall be granted to the appropriate body andor granted in favour of, andor reciprocal to, abutting private lands where such access, utilities or drainage is to be shared. 15. That access easements benefiting adjacent landowners be provided to protect the abutting landowners access to the rear yards of the units. 16. Prior to the Final Approval, the City shall be satisfied that the proposed subdivision conforms to the Citys Zoning By-law and the Development Agreement(s). 17. Prior to Final Approval, a 1.5 metre wide extension of Block 29 to connect to Block 3 is required for the purposes of facilitating a pedestrian connection between passive open space and the private road. 18. Prior to Final Approval, the Developer shall submit an Undertaking to provide a lot coverage summary for the overall site and the lot coverage for each Parcel of Tied Land (POTL) prior to the issuance of Building Permits. February 27, 2012 Page 53 of 100

54 PD-12-07: ATTACHMENT 5 Conditions for Final Approval (Subdivision) City of Orillia - File No. 43T Prior to Final Approval, a Record of Site Condition (RSC) shall be submitted to the City for the subject lands. 20. Prior to Final Approval, Canada Post shall confirm that suitable provisions have been made for the location of community mailboxes. 21. Prior to Final Approval, the owner shall confirm that the appropriate arrangements have been made with Orillia Power Corporation and other utility providers to provide services and utilities for the proposed development. 22. Prior to Final Approval, the owner shall submit to the Ministry of Transportation for review and approval a detailed stormwater management report, in accordance with MTO Stormwater Management Requirements for Land Development Proposals ( 23. Prior to Final Approval, the owner shall submit to the Ministry of Transportation for their review and approval a traffic impact study to assess site impacts on Highway 11, and ensure that appropriate mitigation, if required, is provide for by the owner. 24. Prior to Final Approval, the owner shall carry out an Archaeological Assessment of the entire development property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbance shall take place on the subject property prior to the owner submitting to the City of Orillia written approval andor clearance from the Ministry of Culture. 25. Prior to Final Approval, the owner agrees to have a Well Study undertaken by a Consulting Professional Engineer to assess any potential impacts of the development on local wells. The Development Agreement with the City shall include provisions whereby the owner shall be responsible for monitoring and replacement of any well-based individual lot water supply adversely affected in terms of water quality andor quantity by the subject development. No demolition, grading or other any other soil disturbance shall take place on the subject property prior to the completion of the Study to the satisfaction of the City. 26. Prior to Final Approval, the owner agrees to have a Preliminary Ecological Site Assessment undertaken by a qualified person to determine whether the subject lands contain Significant Habitat of an Endangered or a Threatened species, or potential Significant Wildlife Habitat of a Special Concern species. No demolition, grading or other any other soil disturbance shall take place on the subject property prior to the completion of the Study to the satisfaction of the City. 27. Prior to Final Approval, the owner agrees to provide Rogers Cable with a utility markup request prior to any construction andor excavation. 28. Prior to Final Approval, the Township of Severn be satisfied in writing that they do not have not outstanding concerns with respect to the development. 29. That the Owner shall agree in the Development Agreement, in words satisfactory to the applicable telecommunications provider, to grant any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. n the event of any conflict with existing facilities or February 27, 2012 Page 54 of 100

55 PD-12-07: ATTACHMENT 5 Conditions for Final Approval (Subdivision) City of Orillia - File No. 43T easements, the ownerdeveloper shall be responsible for the relocation of such facilities and easements. 30. The applicable telecommunications provider may require one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunications facilities are situated and one or more conduits from the rooms in which telecommunication facilities are located to the street line. 31. That the owner agrees to include in all Offers of Purchase and Sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported to accommodated in temporary facilities out of the neighbourhood school s area. 32. That the owner agrees to include in all Offers of Purchase and Sale a clause advising prospective purchasers that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities andor be directed to schools outside the area. 33. That the owner agrees to include in all Offers of Purchase and Sale any applicable warning clauses resulting from the Environmental Noise Feasibility Study by Valcoustics Canada Ltd. (November 17, 2011) in terms of noise control features within the overall development area (i.e. sound barrier fencing) and within individual lotsunits (i.e. central air conditioning or future provisions for it) due to proximity to Highway 11, Laclie Street and the Drinkwater ndustrial Park. Occasional detection of odour from the Drinkwater ndustrial Park should also be included in the warning clause. 34. Prior to Final Approval, the Environmental Noise Feasibility Study by Valcoustics Canada Ltd. (November 17, 2011) shall be updated to finalize the exact location of sound barrier fencing, more specifically for Blocks 22, 27, 28, 29 and That all property taxes be paid in full to the satisfaction of the City Treasurer. 36. That any Development Agreement(s) shall be registered by the City against the land to which it applies. 37. That prior to final approval by the City conditions No. 1 through 36 shall be satisfied. NOTES TO DRAFT APPROVAL 1. We suggest that you make yourself aware of the following subsections of the Land Titles Act. a.) Subsection 144(1) requires that all new plans be registered in a Land Titles system if the land is situated in a Land Titles Division; b.) Exceptions to this provision are set out in subsection 144(2). 2. All measurements in Final Plans must be presented in metric units. February 27, 2012 Page 55 of 100

56 PD-12-07: ATTACHMENT 5 Conditions for Final Approval (Subdivision) City of Orillia - File No. 43T Holding - land within this registered plan of subdivision is subject to a H Holding Provision, as provided for under Section 36 of the Planning Act and the City s Official Plan. The H Holding Provision will be lifted subject to the satisfaction of the conditions listed herein and may be phased if provided for in the Development Agreement. 4. MTO Building & Land Use permits are required for all lots within 45 metres of Highway 11 property limits and within a 395 metre radius of any intersection with Highway 11. MTO permits are also required prior to site grading servicing internal road construction, and for site signs; and MTO Encroachment Permit is required if any works are proposed within Highway 11 limits. Permit inquiries applications should be submitted to Ms. Janice Hendrix, Permits Officer, at (416) All structures (above and below ground), including land uses considered integral to site operations must be setback a minimum of 14 metres from Highway 11 limits. Noise walls berms, if required by the City, may be setback 0.3 metres from Highway 11 limits. 6. The City s Tree Conservation By-law must be complied with. 7. t is the applicant s responsibility to fulfill the conditions of Draft Approval and to ensure that the required clearance letters are forwarded by the appropriate agencies and utilities to the City of Orillia, quoting the File Nos. 43T and 43CD f Final Approval is not given to these Plans, within three years of the Draft Approval date, and no extensions have been granted, Draft Approval shall lapse under Subsection 51(32) of the Planning Act, as amended. 9. The final plan approved by the City must be registered within 30 days or the City may withdraw its approval under subsection 51(44) of the Planning Act, 1990,as amended. 10. All buildings must comply with the Ontario Building Code. February 27, 2012 Page 56 of 100

57 PD-12-07: ATTACHMENT 6 Conditions for Final Approval (Condominium) City of Orillia - File No. 43CD The Councils Conditions and amendments to Final Plan Approval for registration of this Common Elements Condominium, File No. 43CD are as follows: CONDTONS 1. That this approval applies to the Draft Plan of Common Elements Condominium of Part of Lot 3 and Part of Lot 4, Concession 6, (Geographic Township of South Orillia), City of Orillia, County of Simcoe, prepared by C.T Strongman Surveying Ltd., dated February 14, 2012, which provides for a total of 17 Common Element Blocks (Blocks 3, 4, 6 to 8, 11 to 19 and 29 to 31) to accommodate 178 Townhouse Dwelling Units as a Common Elements Condominium, a future Block for 120 Apartment Dwelling Units and a future Block for a Commercial site as follows: a private road (Block 3), Ministry of Transportation (MTO) setback area (Block 4), stormwater management ponds (Blocks 6 and 7), landscaped snow storage areas (Block 8), 0.3 metre reserves (Block 11 and 31), visitor parking snow storage areas (Blocks 12 to 16 inclusive), and snow storage areas (Blocks 17 to 19 inclusive). 2. That all 36 of the Conditions for Final Plan Approval for registration of the related Plan of Subdivision, File No. 43T-11601, have been met. 3. That prior to final approval by the City conditions No. 1 and 2 shall be satisfied. NOTES TO DRAFT APPROVAL 1. We suggest that you make yourself aware of the following subsections of the Land Titles Act. a.) Subsection 144(1) requires that all new plans be registered in a Land Titles system if the land is situated in a Land Titles Division; b.) Exceptions to this provision are set out in subsection 144(2). 2. All measurements in Final Plans must be presented in metric units. 3. Holding - land within this registered plan of subdivision is subject to a H Holding Provision, as provided for under Section 36 of the Planning Act and the City s Official Plan. The H Holding Provision will be lifted subject to the satisfaction of the conditions listed herein and may be phased if provided for in the Development Agreement. 4. MTO Building & Land Use permits are required for all lots within 45 metres of Highway 11 property limits and within a 395 metre radius of any intersection with Highway 11. MTO permits are also required prior to site grading servicing internal road construction, and for site signs; and MTO Encroachment Permit is required if any works are proposed within Highway 11 limits. Permit inquiries applications should be submitted to Ms. Janice Hendrix, Permits Officer, at (416) February 27, 2012 Page 57 of 100

58 PD-12-07: ATTACHMENT 6 Conditions for Final Approval (Condominium) City of Orillia - File No. 43CD All structures (above and below ground), including land uses considered integral to site operations must be setback a minimum of 14 metres from Highway 11 limits. Noise walls berms, if required by the City, may be setback 0.3 metres from Highway 11 limits. 6. The City s Tree Conservation By-law must be complied with. 7. t is the applicant s responsibility to fulfill the conditions of Draft Approval and to ensure that the required clearance letters are forwarded by the appropriate agencies and utilities to the City of Orillia, quoting the File Nos. 43T and 43CD f Final Approval is not given to these Plans, within three years of the Draft Approval date, and no extensions have been granted, Draft Approval shall lapse under Subsection 51(32) of the Planning Act, as amended. 9. The final plan approved by the City must be registered within 30 days or the City may withdraw its approval under subsection 51(44) of the Planning Act, 1990, as amended. 10. All buildings must comply with the Ontario Building Code. February 27, 2012 Page 58 of 100

59 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 ORLLA CTY CENTRE 50 ANDREW ST. S., SUTE 300 ORLLA, ON. L3V 7T5 DEPARTMENT OF PLANNNG & DEVELOPMENT TELEPHONE (705) FACSMLE (705) awoodrow@orillia.ca January 24, 2012 VA E-MAL ONLY RUDY & Associates Ltd Fairgrounds Road, R.R. 2 Orillia, ON L3V 6H2 Attention: Mrs. Angela Rudy, MCP, RPP Dear Mrs. Rudy: RE: nterim Comment Summary - Proposed Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Atlas Block Company Ltd. Agent: RUDY & Associates Ltd. Developer: Titan Homes 9 Ferguson Road, City of Orillia File Nos.: D14-784, 43T and 43CD At the request of Titan Homes, please find an interim summary of the comments received on the above-noted applications. The comments included in this letter reflect only those received as of Friday, January 20 th, Please note that as of the date of this letter, there are still outstanding comments from City departments and external agencies. The outstanding comments may have the potential to impact existing comments or add new comments to those presently contained herein. The concurrent applications propose a large intensification and redevelopment of a significant land holding at the northern limits of the City within the Living Area ntensification Area designation in the City s Official Plan. The proposal includes 177 Townhouse Dwelling Units, as well as a block for 120 future Apartment Dwelling Units and a block for future Commercial development. The following comments have been received during the circulation of the revised application materials listed below, as received in November and December 2011: Land Use Planning Report by Rudy & Associates Ltd. (November 2011) Building Envelope Drawings (Apartment Block December 2, 2011, Townhouse Block December 8, 2011 and Commercial Block December 14, 2011) Page 59 of 100

60 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 Draft Plan of Proposed Common Elements Condominium by C.T. Strongman Surveying Ltd. (revision 2 October 17, 2011) Draft Plan of Subdivision by C.T. Strongman Surveying Ltd. (revision 2 October 17, 2011) Functional Servicing & Preliminary Stormwater Management Report (including Traffic mpact Assessment) by C.C. Tatham & Associates Ltd. (November 2011) Environmental Noise Feasibility Study by Valcoustics Canada Ltd. (November 17, 2011) Phase 2 Environmental Site Assessment by Terraprobe nc. (June 8, 2011) Record of Site Condition # Stage 1 Archaeological Assessment by Archaeological Assessments Ltd. (July 21, 2011) Stage 2 Archaeological Assessment by Archaeological Assessments Ltd. (September 12, 2011) Comments from the Department of Planning and Development Official Plan The subject lands are designated as Living Area ntensification Area on Schedule A of the City s Official Plan. The subject lands also abut the City s Lightfoot Trail as shown on Schedule E of the City s Official Plan. A review of the materials has been undertaken under the City s Official Plan. The following is a summary of the review: 1. Generally, the Living Area designation has regard for the protection and enhancement of the existing character of Orillia s neighbourhoods, while still permitting some forms of new development that is compatible with existing development. This will be detailed further in subsequent comments. 2. The development of Affordable Housing is encouraged by the City. Under Policy (b), a minimum of 25% of all new development within the ntensification Area must meet the definition of affordable housing. Affordable Housing may be achieved by: i) promoting higher density housing forms, where housing is more affordable due to reduced per unit land costs; ii) building smaller units, where housing is more affordable due to lower development costs; iii) applying government grants andor subsidies, including land dedication, that will reduce overall development costs; and, iv) encouraging the development of secondary dwelling units. 3. All buildings, including commercial buildings, must be a minimum height of 2 storeys or equivalent and a maximum of 8 storeys. 4. Please note that reverse frontage development is prohibited adjacent to any Arterial Roads such as Laclie Street. Currently, some of the lots proposed within Block 22 appear to be configured for reverse frontage whereby the rear yards will abut Laclie Street. Page 60 of 100

61 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No Where Townhouses and Apartment buildings are part of private complexes and or condominium projects, parkettes or other outdoor amenity areas shall be provided. While some landscaped areas are proposed in Blocks 8, 9 and 10, Block 8 is also proposed as a snow storage area making its use very limited in the winter. Although Blocks 9 and 10 could potentially accommodate a private internal trail, there is a pinch point where Blocks 8 and 9 abut that may cause it to be discontinuous. Overall, these blocks appear limited in size for other amenity uses such as a parkette, gazebopavilion or play equipment. Please see related comments from the Department of Parks and Recreation. 6. Sidewalks are typically required on both sides of an Arterial Road such as Laclie Street. A sidewalk connection to the bus shelter at Sundial Drive and or other sidewalk connections may be required. 7. Trail connections and linkages to adjacent municipalities within the County, such as Severn Township, may be required as a part of this development proposal per subsection 51(25)(b) of the Planning Act. 8. Stormwater management facilities are to be key features within the community to contribute to both appearance and ambience, as well as to achieve functional objectives related to flow moderation and water quality. Ponds are not to be fenced, but should be designed with trails, overlooks and interpretive signage so that they are an integral part of the parks or open space system. They are to be designed with natural shapes and gradients. There is a great opportunity here to have them not only function as an integral part of the subject development proposal as amenity areas, but to also provide future residents of the development with a connection to the City s Lightfoot Trail and overall parks system. Please see additional detailed comments from the Manager of Development and the Department of Parks and Recreation. 9. Detailed Urban Design policies will apply at the Site Plan Approval stage. nfill development is to be designed with heights, massing and scale that is compatible with the surrounding context (e.g. through shadow studies). Other applicable Urban Design policies include, but are not limited to, the requirement for a sidewalk on at least one side of private roads (min. 9 metre ROW), street tree plantings required on both sides of private roads, special landscaping and buffering for rearexterior lot line or rearside building facades that abut public roads and public open spaces and pedestrian-scale, Dark Skies friendly lighting shall be provided adjacent to roads, walkways, pedestrian routes and within amenity areas. 10. Please note that the Ministry of Municipal Affairs and Housing approved the City s new Official Plan on March 17, The Ministry subsequently received several appeals to the Ontario Municipal Board (OMB), one of which was to s (a) some of the permitted uses in the Living Area ntensification Area including townhouses and apartment buildings. This appeal continues to be the subject of ongoing negotiations between the appellant and the City. n the event that the appeal has not been settled before the OMB by the time Council considers the proposed Zoning By-law Amendment (ZBA), including proposed townhouses and apartment buildings within the Living Area ntensification Area designation, Staff would propose to Council that if they are in favour of approving the ZBA, that it be approved under s. 24(2) of the Planning Act such that it would take effect immediately once the OP appeal is addressed. Please note that an OMB Pre-hearing has been scheduled for March 6, 2012, so the process of addressing the appeals is well underway. Page 61 of 100

62 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 Zoning By-law A review of the proposal has been undertaken under the City s Zoning By-law. For the purposes of the review, we will be deeming Laclie Street as the frontage of the subject lands. The following is a summary of the review: Townhouse Block 11. As the Noise Study identifies that some of the sound barrier fencing must be 2.2 metres in height, a site-specific exception will be required as the City s Zoning By-law currently permits a maximum fence height of 2 metres. 12. The minimum individual driveway length required will be 6.5 metres to ensure that vehicles do not overhang onto the private condominium road. The Developer has accommodated such a request in other Townhouse developments within the City. 13. Each Townhouse Dwelling Unit must have a 12m 2 Outdoor Living Area defined by wooden stub privacy fences of which are a minimum of 1.8 metres in height. These were not included in the matrix contained on the typical Townhouse Block with Setbacks drawing submitted on December 8, Sight triangles at the intersection of two private roads, as well as the intersection of a private road and private driveway, must be a minimum of 3 metres. There must not be anything greater than 1 metre in height within these areas. Block 12 (visitor parking spaces 1 and 10), and Blocks 18 and 19 (snow storage) appear to be partially located within the applicable sight triangles. 15. A total of 67 separately designated visitor parking spaces are required based upon the number of proposed units; however, only 65 are provided. Please confirm whether or not your Zoning By-law Amendment application includes a request for a site-specific exception to the visitor parking space ratio? 16. s the snow storage area adjacent to the parallel visitor parking spaces in Block 15 to be utilized in tandem with the Storm Water Management area in Block 6? f not, it is appears quite narrow to function for snow storage on its own (i.e. 0.3m or 1 foot in width). Future Apartment Block 17. Reduced Lot Frontage (9 metres on a private condominium road) and increased maximum Building Height (25 metres) exceptions are required. Future Commercial Block 18. Buffering requirements for the existing residences to the south, as well as the City s trail to the east, will be incorporated into the Zoning By-law Amendment. 19. Please note that all uses, including Commercial uses, must be a minimum of 2 stories or equivalent. Page 62 of 100

63 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No Reduced Front Yard (min. 7.5 metres) and nterior Side Yard (min. 6 metres) setback exceptions are required. 21. ncreased Building Height (max. 25 metres) and Lot Coverage (max. 55%) exceptions are required. 22. A reduced Landscaped Open Space (10% min.) exception is requested. Staff has a concern with this exception request in the absence of a detailed Site Plan as it would reduce the standard requirement of 20% by half and may result in the development having an insufficient amount of outdoor amenity space. General 23. Holding provisions will be utilized due to the site s attributes (i.e. Archaeological and Species at Risk potential) and to ensure appropriate phasing of the development. 24. The Draft Plans of Subdivision and Condominium identify a 0.3 metre reserve, Block 11, at the entrance to the future Apartment Block from the Townhouse Blocks. Please advise why there is not a 0.3 metre reserve at the entrance to the Commercial Block from the Townhouse Blocks. Manager of Development re: Site Servicing 25. A Development Control Fee of $ is applicable to this application based on City Policy No , based on staging of Agreements. M.O.E. approval will be required. M.T.O. approval will be required. All Utility Easements and Right-of-Ways must be secured at the Developers expense, to be assumed by the City, subject to approval by the City. Signed and Sealed Engineering "Certificates of Completion" will be necessary from the Consulting Engineers providing all engineering services approved for this Development. A Geotechnical Soils Report is required to be submitted by a Consulting Engineer along with recommendations for the purpose of constructing services, including the storm water management ponds. A Development Control Fee in an amount equivalent to 1½% to 3½% of the total value of municipal works may be applicable to this application. ROADS Driveway entrance standards are to be in compliance with O.P.S.D (please see Attachment 1) Page 63 of 100

64 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 STORM WATER MANAGEMENT A. External Drainage Drawing (DP-1) PrePost Development Drainage Plan, dated November 10, 2011, as submitted by C.C. Tatham and Associates identifies an area (EXT-1, 1.42ha) contributing external overland storm water flows from the Laclie Street R.O.W. into the proposed private site area. am recommending that these external flows be retained to City Lands. The requirements for ditching andor downstream culvert upgrades are to be evaluated by the consulting engineer along with recommendations. All related costs to facilitate the above, will be at the applicants expense. B. Proposed S.W.M. Pond No. 1 and No. 2 With the elimination of the external municipal overland flows, it is assumed that both proposed Pond No. 1 and No.2 will be of private ownership. Pond No.1 will be accepting storm water generated from the proposed Commercial Blk No.6 A Designated uses permit includes variations of fuel storage andor vehicle repair shop which would be necessitate the need to obtain and M.O.E. Certificate of Approval for the S.W.M. facility. Ponds No. 1 and No. 2 are located within the City of Orillia and both outfall through Severn Township lands, thru existing residential lots and discharges to Lake Couchiching approximately 650m East of the subject property. For the purposes of simplicity and continuity, am recommending that the applicant apply and obtain an M.O.E. Certificate of Approval for the proposed Private S.W.M. Facility for both Ponds. POND DESGN A. As in accordance with the City of Orillia s Official Plan the following General Policies are applicable: Storm water management facilities will be key features within the community contributing to the appearance e and ambience, while achieving functional objectives related to flow moderation and water quality. Native species and flood tolerant water s edge plants, including a mixture of herbaceous and woody vegetation, shall be planted to stabilize banks of ponds. The perimeter of the permanent pool shall be planted with emergent, strand and submergent species to improve the aesthetics and enhance the performance of the facility. Ponds are envisioned to blend with the natural landscape, therefore, geometric forms and standard slope gradients will be avoided in favour of organic shapes Page 64 of 100

65 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 and land form grading designed to replicate natural land forms in the area. nlet and outlet structures will be concealed using a combination of planting, grading and natural stone. Where there is a need to discourage public access to areas around the perimeter of the ponds, living fences and barrier plantings will be utilized in place of fencing. Barrier plantings will be installed along the crest of steep slopes, adjacent deep-water areas and around inlet and outlet structures. Ponds will not be fenced, but rather will be designed with trails, overlooks and interpretive signage so that they are an integral part of the parks system (if applicable). B. The size of the water quality control components of the proposed wet ponds are to be determined based on established imperviousness values. C. For reasons of pre-cautionary safety measures, the allowable slope permitted around a pond perimeter to the bottom of the pond is a maximum of 5:1 slope. Upon issuance of your next submission, please provide the following: 1. Summary of your review and revisions made to address the above comments. 2. Clearly label; Ferguson Road, Wilson Point Road and the City of Orillia and Severn Township boundary lines on all related servicing and lot grading plans. 3. Silt Erosion control Plan (Staged, if applicable) 4. Details Plan; showing internal road cross-sections, entrance details, pond crosssections and outlet details etc. 5. Materials Specifications Plan Other Comments Received Department of Parks and Recreation 26. While the park area shown in the initial plan has been removed the amenity spaces shown are insufficient. A dedicated amenity space (not shared with snow storage or buffer space) should be provided for use of the development s residents. 27. Driveway crossing the trail has been eliminated, however initial comment of no driveways accessing Huronia Road should be considered due to the steep grades and potential future development of the trail on the Township of Severn lands. 28. The initial comments included; The development should include an internal trail to link to the municipal trail. This comment has not been addressed. Also, the Storm Water Management areas should have trail connections as per the Official Plan. Page 65 of 100

66 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 Fire Department 29. Please be advised this Department has reviewed the circulated applications and expresses no objection to the proposed use of the identified property. This Department will be looking at site grading and water supplies for fire protection services as the project progresses. Chief Building Official 30. The layout appears to comply for Fire Department Access, but more detailed plans would be appreciated once available. Geotechnical soils report should be forwarded once available. Ministry of Natural Resources (MNR) 31. The MNR has advised that given the forested area on the subject lands, this area could provide habitat or support potential Species at Risk (SAR) including: - Butternut (Endangered) - Milksnake (Special Concern) - Golden-winged Warbler (Special Concern) Species which are found within, or have the potential to be found within, the City of Orillia include but are not limited to: - Chimney Swift (Threatened) - Bobolink (Threatened) - Red-headed Woodpecker (Special Concern) - Snapping Turtle (Special Concern) - Monarch (Special Concern) Orillia Power Distribution Corporation 32. No objection to the application. OPDC may require easements for electrical services, overhead or underground on any of the private roadways. Note: The full cost of electrical servicing and any relocation of any OPDC owned poles, wires, or other equipment that may be required will be the sole responsibility of the property ownerdeveloper. City note: Early consultation with OPDC is highly encouraged. Simcoe County District School Board 33. Elementary pupils may attend Couchiching Heights Public School and secondary pupils may attend Orillia District Collegiate & Vocational nstitute. Requested the following condition be included: That the owner agrees to include in all offers of purchase and sale a statement that advised the prospective purchase that the public schools on designated sites in the community are not guaranteed. Attendance at Page 66 of 100

67 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities andor be directed to schools outside the area. Bell Canada 34. Provided some conditions of approval, but Planning Staff have requested some clarification from them, which is still outstanding. Rogers Cable 35. Rogers has an active plant within close proximity of the lands associated with the proposed development. f the proposed development moves forward, a utility mark-up request must be submitted to our office prior to any construction andor excavation of the site. To that end they wish to be notified of the approval or denial of the concurrent applications. The following Departments and Agencies have no comments or concerns at this time: Economic Development Office Hydro One No comments have been received to date, but may still be received, from: Ministry of Transportation* Ministry of Culture City of Orillia Department of Public Works* Township of Severn* City of Orillia Housing Committee City of Orillia Trails for Life Committee OPP Union Gas Simcoe Muskoka Catholic District School Board Canada Post County of Simcoe *Planning Staff have confirmed that comments are forthcoming. Due to the magnitude of the proposal, Staff have undertaken a thorough review and made best efforts to address as many matters as possible at this time. However, we do reserve the right to make additional, reasonable comments or requests in the future as the project progresses. Next Steps The balance of the outstanding comments will be provided as soon as they become available to Planning Staff. Once the balance of the outstanding comments have been provided, Planning Staff are available to meet to discuss and review the comments with you, if desired. Upon re-submission, please include a written summary of how each comment provided, and referenced by number, has been addressed. Page 67 of 100

68 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 We will require confirmation as to whether you still desire to move forward to a Public Meeting of Council on March 5, Written confirmation will be required by Friday, February 3, Should you have any questions, please contact me at (705) Sincerely, Andrea Woodrow, MCP, RPP Senior Planner Attachments: 1. O.P.S.D Draft Conditions Subdivision 3. Draft Conditions Condominium cc: an Sugden, Director of Planning & Development Glen Harriss, Manager of Development Lawrence Saltzman, Titan Homes Clayton Cameron, Township of Severn Jeff Marshall, Dearden and Stanton Ltd. Page 68 of 100

69 PD-12-07: ATTACHMENT 7 - nterim Comment Summary No. 1 DRVEWAY DMENSONS k 00-o 0 w land USE fi)!e ~ 0 Light ndustrial, - w " a_ Commercial, and Apartment eli Dropped curb mm min DETAL A Dropped curb i Heavy ndustrial f----see Table---- l; -1 Left turn lane l-3.0m min, if required WDTH m RADUS One-Way Two-Wa m min max min max min max Boulevard Concrete curb or curb with gutter. For entrance without curb or curb with gutter see Detail A PLAN See table for driveway radius NOTES: Subdraln A All dimensions ore in millimetres unless otherwise shown. URBAN NDUSTRAL, COMMERCAL, AND APARTMENT ENTRANCES OPSD Page 69 of 100

70 PD-12-07: ATTACHMENT 8 - nterim Comment Summary No. 2 ORLLA CTY CENTRE 50 ANDREW ST. S., SUTE 300 ORLLA, ON. L3V 7T5 DEPARTMENT OF PLANNNG & DEVELOPMENT TELEPHONE (705) FACSMLE (705) awoodrow@orillia.ca February 1, 2012 VA E-MAL ONLY RUDY & Associates Ltd Fairgrounds Road, R.R. 2 Orillia, ON L3V 6H2 Attention: Mrs. Angela Rudy, MCP, RPP Dear Mrs. Rudy: RE: nterim Comment Summary No. 2 - Proposed Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Atlas Block Company Ltd. Agent: RUDY & Associates Ltd. Developer: Titan Homes 9 Ferguson Road, City of Orillia File Nos.: D14-784, 43T and 43CD Further to the nterim Comment Summary dated January 24, 2012, please find additional comments received on the above-noted applications as of the date of this letter. There continues to be outstanding comments that may have the potential to impact existing comments or add new comments to those presently contained herein. The comments have been numbered such that they continue from the January 24, 2012, letter. General 36. The City s Tree Conservation By-law applies to the subject lands as they are greater than 0.5 hectares (1.2 acres). 37. A common collection area may be required for garbage, recycling and organics, possibly on an interim basis, for the dead end sections of the Plans (i.e. for the townhouses prior to the construction of the private road connections to the future apartment and future commercial blocks). Page 70 of 100

71 PD-12-07: ATTACHMENT 8 - nterim Comment Summary No. 2 Transportation 38. The transportation study reduced the trip generation calculated for the gas station and Tim Horton s assuming most trips were already in place and were then only an entrance issue. n this location a new gas station and Tim Horton s would attract a lot of trips that would otherwise end up on West Street. However, this is not likely to affect the recommended solutions. 39. The queue for the Tim Horton s drive-through will be a significant issue to address at the Site Plan Approval stage. There are currently three (3) existing Tim Horton s within the City that experience problems in this regard. 40. The issue of Laclie Street improvements will have to be addressed prior to the City s future reconstruction of Laclie Street. City projects on Laclie are only scheduled (pending funding) north to Murray Street and even that will not occur until 2021 at the earliest. The next section to include this area would be many years after that. 41. While the development will be responsible for all the improvements (signals, one left-turn lane and two right-turn lanes) it may be that these could be phased or delayed until the project has been partially built. All must be in place, however, prior to the commercial block proceeding. 42. Although Laclie Street has been shown with a future configuration to three lanes right to Highway 11, the pressure for random left turns ends at Murray Street. A two lane approach with individual turning movements at the few major intersectionsdriveways may be a more appropriate solution. 43. When the detail design is completed for the Huronia Road entrance the internal walkway must connect to the trail and the trail may need to be reconfigured slightly. Consideration must also be given to a trail extension to the north on the former CN right-of-way andor along Huronia Road. 44. Since the development does not abut Huronia Road an easement over City lands will be required for that entrance. 45. The previously requested 6.5 metre setback for the garage from the internal right-of-way may potentially be reduced to 6 metres on condition that there is at least 0.5 metre before the edge of the road or the sidewalk. This will be examined further at the Site Plan Approval stage. 46. As per the transportation study, the two residential entrances must be 7.2m. The commercial entrance will be considered in detail at Site Plan Review. 47. A 300mm reserve is needed along the Ferguson Road frontage. 48. Sidewalk will be required on Laclie Street from the residential entrance south to Hughes Road (and hence the bus stop). Page 71 of 100

72 PD-12-07: ATTACHMENT 8 - nterim Comment Summary No. 2 Noise Land Use Compatibility 49. While Leadbetter s was noted as a noise source, the 24-hour operation of refrigerated transport trailers was not noted. These units have their own motors which start and stop periodically. This may warrant consideration of extending the proposed sound barrier to the north. 50. Although the sound barriers are needed to convert this former industrial site to residential there are some challenges related to aesthetics. Landscaping treatments will be key for mitigation. 51. Please provide an explanation as to why the proposed future condominium apartment block to the north end of the site is excluded from the Study. 52. The application materials do not address any other potential land use compatibility issues with Leadbetter Foods beyond noise, such as odour. This should also be addressed. Stormwater 53. t appears that the proposed development falls within the ntake Protection Zone (PZ) identified for the Source Water Protection Plan. As such, activities related to the commercial development must address all risks and enhanced management or risk management plans may be required. (i.e. Level 1 (Enhanced) Protection and MOE Approval required). 54. While the servicing report was cautious about whether the wooden culvert should be replaced, it should be assumed that this will be required. Water 55. The servicing report has demonstrated that water service can be provided. However, the area would normally fall within our Zone 1 based on mapping and elevation. There have also been some system improvements completed since the 2008 data used for the report. At the Site Plan Approval stage, the water servicing will be revisited to confirm which zone is the most appropriate. Servicing from Zone 1 would eliminate the need for the Pressure Reduction Valve (PRV). 56. f the PRV is required it will be located on the development lands and maintained by the condominium corporation(s). 57. t is not City practice to take an easement and potential ownership of the water pipes within the private property limits. 58. Backflow and water meters may be required dependent on servicing of buildings and internal plumbing configurations. Drawings should note John Hoos for contact (meter and backflow). 59. The proposed 250mm watermain through the entire site may be too big. (There is a loop in the site.) 60. Fire hydrant locations will have to be addressed at the Site Plan stage. Page 72 of 100

73 PD-12-07: ATTACHMENT 8 - nterim Comment Summary No A water sample station will be required toward the north end of the project, and should be shown on the next submission. Please contact Ken VanWyck at (705) to discuss an appropriate location. Housing Committee 62. The Housing Committee passed the following motion at their January 25, 2012 meeting: THAT this committee supports, in principle, the concurrent applications pertaining to the proposed development at 9 Ferguson Road. No comments have been received to date, but may still be received, from: Ministry of Transportation* Township of Severn* Ministry of Culture City of Orillia Trails for Life Committee OPP Union Gas Simcoe Muskoka Catholic District School Board Canada Post *Planning Staff have confirmed that comments are forthcoming. Any additional comments received will be forwarded to you as soon as possible. Should you have any questions, please contact me at (705) Sincerely, Andrea Woodrow, MCP, RPP Senior Planner cc: an Sugden, Director of Planning & Development Glen Harriss, Manager of Development Lawrence Saltzman, Titan Homes Clayton Cameron, Township of Severn Jeff Marshall, Dearden and Stanton Ltd. Page 73 of 100

74 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 ORLLA CTY CENTRE 50 ANDREW ST. S., SUTE 300 ORLLA, ON. L3V 7T5 DEPARTMENT OF PLANNNG & DEVELOPMENT TELEPHONE (705) FACSMLE (705) awoodrow@orillia.ca February 7, 2012 VA E-MAL ONLY RUDY & Associates Ltd Fairgrounds Road, R.R. 2 Orillia, ON L3V 6H2 Attention: Mrs. Angela Rudy, MCP, RPP Dear Mrs. Rudy: RE: nterim Comment Summary No. 3 - Proposed Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Atlas Block Company Ltd. Agent: RUDY & Associates Ltd. Developer: Titan Homes 9 Ferguson Road, City of Orillia File Nos.: D14-784, 43T and 43CD Further to the nterim Comment Summaries dated January 24 and February 1, 2012, and our meeting of February 2, 2012, please find below the City s responses to five (5) specific matters raised at the meeting as well as a copy of the comments received from the Township of Severn, the Ministry of Transportation (MTO) and the City s Trails for Life Committee: Matters Raised at the Meeting of February 2, 2012 Stormwater Management Staff revisited Section 6.2 (Stormwater Management Facilities) of the City s Official Plan, which addresses overall pond design, as well as related landscaping and planting policies. A copy of this section has been attached to this letter for your reference. Please note that subsection (f) stipulates that ponds will not be fenced. Other municipalities such as the City of London and the City of Ottawa also stipulate that stormwater management ponds shall not be fenced. n subsection (e), alternatives to fencing such as living fences and barrier plantings are suggested as alternative methods for discouraging direct public access to the perimeter of the ponds. nformation on living fences can be found at Finally, some Page 74 of 100

75 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 municipalities such as the City of Guelph permit a combination of 5:1 and 3:1 slopes within the same pond. Representatives from the City, C.C. Tatham and Associates Ltd. (on behalf of Titan Homes) and Dearden and Stanton Ltd. (on behalf of the Township of Severn) are scheduled to meet to discuss matters related to Stormwater Management on Wednesday, February 8 th at 9:00am in the Everitt 30 Boardroom located on the 2nd floor of City Hall. Staff anticipates continued discussion at the meeting on these matters and potentially a revision(s) to the stormwater management submission as a result. Rear Yard Setback Requirement The current minimum rear yard setback requirement for the RM1 zone is 7.5 metres. n order to facilitate a sufficient driveway length to allow for practical access to private garages while at the same time preventing vehicles from overhanging into the private condominium roadway, Staff is currently considering making a recommendation to Council in support of your request to reduce the minimum rear yard setback from 7.5 metres to 7.0 metres in order to accommodate the increased front yard parking setback. Parallel Parking Spaces The City s Zoning By-law requirement for parallel parking spaces is 2.4 metres in width by 7 metres in length. Block 15 is shown as 3 metres in width and is proposed to accommodate both parallel parking spaces and snow storage. Therefore, when the 2.4 metres required for the parallel parking spaces is removed, you are left with only 0.6 metres (or 2 feet) for snow storage, which is not feasible. Landscaped Open Space Requirement for Future Commercial Block A site-specific request has been made to reduce the minimum Landscaped Open Space requirement from 20% to 10%. Staff had been requested to provide the Landscaped Open Space provided at the Shopper s Drug Mart located within the City s Downtown. Within the City s Downtown, there is no requirement to provide Landscaped Open Space, however in this instance the minimum requirement was exceeded and 6% was provided. The Shopper s Drug Mart located on Westmount Drive required 20%, whereas the minimum requirement was again exceeded and 27% was provided. Please be aware that under the City s Zoning By-law , as amended, the definition of Landscaping includes any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening, fencing or other architectural elements, all of which are designed to enhance the visual amenity of a property or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land Therefore, Staff cannot support 10% Landscaped Open Space on this site in the absence of a detailed Site Plan. Page 75 of 100

76 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 Endangered Species Act Based upon our review, the Endangered Species Act does not appear to be contained in the list of Applicable Law as detailed in the Ontario Building Code. The subject applications do require consistency with the PPS per s. 3(5) of the Planning Act. The habitat of Threatened and Endangered Species is protected under Section of the PPS, and potential significant wildlife for Species of Concern could be considered as Potential Significant Wildlife Habitat under Section of the PPS. Township of Severn (re: Functional Servicing & Preliminary Stormwater Management Report) 63. Please see February 6, 2012 letter attached. Ministry of Transportation 64. Please see February 6, 2012, letter attached. City of Orillia Trails for Life Committee 65. The Trails for Life Committee passed the following motion at their February 1, 2012, meeting: THAT The Trails for Life Committee supports the Parks and Recreation s recommendation as per the December 20, 2011, memo with regards to the planning of trails and trail connections in the development of Atlas Block subdivision and THAT the potential future development of the trail on Township lands be pursued by the developer. f any additional comments are received, they will be forwarded to you as soon as possible. Should you have any questions, please contact me at (705) Sincerely, Andrea Woodrow, MCP, RPP Senior Planner Attachments: 1. Official Plan Section 6.2 Stormwater Management Facilities 2. February 6, 2012 letter from the Township of Severn 3. February 6, 2012 letter from the Ministry of Transportation (MTO) cc: an Sugden, Director of Planning & Development Glen Harriss, Manager of Development Lawrence Saltzman, Titan Homes Clayton Cameron, Township of Severn Jeff Marshall, Dearden and Stanton Ltd. Page 76 of 100

77 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 d) Trails will be designed to accommodate a range of users and abilities. Slopes, where possible, should be under 5 percent. Curbcuts must be provided to improve access at road crossings. The use of permeable materials may be considered for trail development in areas where sufficient drainage exists. Trails with asphalt surfaces may be incorporated into the trails system to address accessibility and active transportation needs. e) Trails and bicycle routes shall be clearly signed regarding permitted use and speed. Wayfinding signage shall be provided throughout the trail network. f) Benches, waste and recycling receptacles, lighting, bicycle racks and natural or built shade structures should be provided at trail heads and at regular intervals along the route. g) Trails located in proximity to significant natural heritage features and areas, or adjacent to storm water management facilities should incorporate interpretive signage at various locations to promote stewardship initiatives that will protect and enhance the features and functions of the natural environment. h) Trails and bicycle routes may be located within the right-of-way of the municipal road system, but, where possible, shall be separated from the asphalt by a landscaped buffer. Trails and bicycle routes shall not be located within the right-of-way of provincial highways, except as permitted by the Ministry of Transportation. i) Where trails intersect with motorized vehicle infrastructure or roads, clear signage and safety features will be provided for the safety of both the trail user and motorized vehicle user j) On-street parking should not be permitted where there are road surface bike lanes. 6.2 STORMWATER MANAGEMENT FACLTES NTENT a) The intent of this section of the Plan is to manage development impacts on streams and the lake system in order to maintain and Page 77 of 100

78 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No GENERAL POLCES enhance water quality, protect fish and wildlife habitat and prevent erosion. a) Stormwater management facilities shall be permitted in all land use designations except for the Environmental Protection Area designation. Stormwater management facilities may be permitted in an Environmental Protection Area designation, subject to the policy direction provided in Section c) of this Plan. b) Stormwater management facilities will be key features within the community contributing to the appearance and ambience, while achieving functional objectives related to flow moderation and water quality. c) Native species and flood tolerant water s edge plants, including a mixture of herbaceous and woody vegetation, shall be planted to stabilize banks of ponds. The perimeter of the permanent pool shall be planted with emergent, strand and submergent species to improve the aesthetics and enhance the performance of the facility. d) Ponds are envisioned to blend with the natural landscape, therefore, geometric forms and standard slope gradients will be avoided in favour of organic shapes and land form grading designed to replicate natural land forms in the area. nlet and outlet structures will be concealed using a combination of planting, grading and natural stone. e) Where there is a need to discourage public access to areas around the perimeter of the ponds, living fences and barrier plantings will be utilized in place of fencing. Barrier plantings will be installed along the crest of steep slopes, adjacent deep-water areas and around inlet and outlet structures. f) Ponds will not be fenced, but rather will be designed with trails, overlooks and interpretive signage so that they are an integral part of the parks system. Page 78 of 100

79 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 TOWNSHP OF SEVERN THE CORPORATON OF THE TOWNSHP OF SEVERN P.O. Box 159, Orillia, Ontario, L3V 6J3 February 6, 2012 VA EMAL TO awoodrow@orillia.ca City of Orillia Orillia City Centre 50 Andrew StreetS., Suite 300 Orillia, Ontario L3V 7T5 Attention: Andrea Woodrow, Senior Planner Dear Ms. Woodrow: Re: Zoning By-law Amendment Application No Draft Plan of Subdivision Application No. 43T-1601 Draft Plan of Common Elements Condominium No. 43CD (9 Ferguson Road) Thank you for circulating us with the Notice of Applications regarding the abovereferenced matters. The Township has some concerns with respect to drainage and stormwater management and potential impact on Huronia Road and Severn Township property owners in the vicinity of the development. Accordingly, the Townships engineers have reviewed the Functional Servicing and Preliminary Stormwater Management Report prepared by C.C. Tatham & Associates Ltd. dated November, Attached is a letter of comment from Jeff Marshall of Dearden and Stanton Limited. Please consider Mr. Marshalls comments as representing the Townships concerns. f you have any questions, please do not hesitate to contact the undersigned. Yours truly, ~~ Clayton Cameron, CRS-S Director of Public Works CC:sv Encl. Municipal Office: 1024 Hurlwood Lane Telephone: (705) Fax: (705) severn@encode.com Web Site: Page 79 of 100

80 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No Coldwater Street East Orillia ON L3V 1W8 Telephone (705) Fax(705)3~241 DEARDEN AND SfANTON LMlTBD d.!i@encode.com Ontario land SurveyorsConsulting Engineers Canada Lands Surveyors Visit us online at: deardenandstanton.com February 1, 2012 File No VA EMAL Township of Severn P.O. Box 159 Orillla, ONT L3V 6J3 Attention: Mr. Clavton Cameron. Director of Public WorJss Re: Review of Functional Servicing and Preliminary Stonn Water Management Report, 600 Lac lie Street (Atlas Block Company Ltd. Property), Cltv of Orillla Dear Mr. Cameron: Further to our recent discussion, have reviewed the Functional Servicing and Preliminary Storm Water Management Report submitted to the City of Orillia by C. C. Tatham & Associates ltd. on behalf of a prospective developer of the former Atlas Block property. The development proposal includes approximately 177 townhouse dwelling units, as well as 120 future apartment dwelling units and a future commercial block. The intention is to collect drainage from the site to two storm water management basins to be constructed with the development using existing drainage outlets crossing under Huronia Road. Huronia Road happens to be the division between the Township of Severn and City of Orillia. Therefore, outlet drainage would be passing onto Township of Severn property. Based on the consultants report, the intention is to maintain pre-development flow levels for the two outlets crossing under Huronia Road. These culverts release to intermittent water courses crossing private single family home lots on the Township of Severn side of Huronia Road. Runoff then collects further to the east towards Lake Couchiching, first passing through some significant low lying areas and wet lands. e Consulting Engineers of Ontario ~ r-lcl.s ARTC A~O( :J tio~t )J(.atoldi LJnd~ unt)of~.,.,_.....,...,... c.-... Notes and Recordo of: Covana and Wat>oo O.LS.. C. Frtton,O.l.S. F.W. Armotrong, P.L.S., P.B. Bum<t. P.L.S. ;M. Wa110n. O.L.S., E.l.. CavaN!, O.LS.. C.P. ODolc. O.LS., ODale and Pottage Ltd. LM. MeN ieee, O.L.S.. McNi..,.,, Harvey, DAm reo Surveyol"l Page 80 of 100

81 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 Although am in general agreement with the storm water controls proposed by the developers cons~ltant, am concerned with the increased quantity of water that would be crossing Huronia Road onto the private properties. am also concerned with the capacities of the two drainage outlets on the east side of Huronia Road. t is also not clear whether or not there are easements for these existing drainage outlets. At the very least, would recommend that the consultant perform review of the outlet systems on the east side of Huronia Road and make any recommendations for improvements or modifications to those systems. Any improvements would require the full written cooperation of any affected private lot owners. Quality of released drainage is also an issue as it relates to possible impacts to downstream wells. t may also be advisable to over restrict drainage below the theoretical pre-development rates crossing Huronia Road. At the time of my site inspection, during a significant melt, there was no noticeable drainage crossing at Outlet #1 as identified on the C.C. Tatham & Associates Ltd. Plan DP-1. Conversely, there was measurable flow crossing at Outlet #2. Photographs were taken to document my observations. f you have any further questions or comments with respect to this development, please contact me. Otherwise, would invite you to forward my concerns to the City of Orillia for inclusion in their comment summary. Yours truly, JJM:km Cameronlet253e51eb Jeff Marshall, M.A.Sc., P.Eng Chief Engineer Dearden and Stanton Limited Page 81 of 100

82 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 Ministry of Transportation Central Region Corridor Management Section ih Floor, Bldg. D 1201 Wilson Avenue Downsview, ON M3M 1 J8 Tel.: Fax.: peter.dorton@ontario.ca MinistCre des Transports Region du Centre Section de gestion des couloirs routiers 7 etage, edifice D 1201, avenue Wilson Downsview, ON M3M 1 J8 Tel.: Telec.: ):..-:: t > vr Ontario Via Only Andrea Woodrow Senior Planner City of Orillia 50 Andrew St. S., Suite 300 Orillia, ON L3V 7T5 Dear Ms. Woodrow: February 6, 2012 Re: Titan Homes Draft Plan of Subdivision Condominium and ZBA Lots 3 & 4, Cone. 6, City of Orillia Files 43T CD D Highway 11 Laclie St. This is to advise that MTO has completed its review of the above noted applications, including the associated reports, and we offer the following comments: Please include the following Conditions of Draft Approval:. That prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a detailed storm water management report, in accordance with MTO Stormwater Management Requirements for Land Development Proposals ( 2. That prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a traffic impact study to assess site impacts on Highway 11, and ensure that appropriate mitigation, if required, is provided for by the owner. Please include the following Notes to Draft Approval:. MTO Building & Land Use permits are required for all lots within 45m of Highway property limits and within a 395m radius of any intersection with Highway 11. MTO permits are also required prior to site grading servicing internal road construction, and for site signs; an MTO Encroachment permit is required if any works are proposed within Highway limits. Permit inquiries applications should be submitted to Ms. Janice Hendrix, Permits Officer in this office ( ). Page 82 of 100

83 PD-12-07: ATTACHMENT 9 - nterim Comment Summary No All structures (above and below ground), including land uses considered integral to site operations must be setback a minimum of 14m from Highway 11 limits. Noise walls berms, if required by the City, may be setback 0.3m from Highway 11 limits. Please note that the draft plans include Setback Blocks 4 and 5 adjacent to Highway 11. MTO does not require a dedication of these blocks; rather all that is needed is that future development plans drawings show that a 14m setback is being provided for in these areas. Furthermore, we have reviewed the MTO jurisdictional limit on Laclie St., and advise that our limit is as per the attached Transfer Plan P (MTO limit is not at line between lots 3 and 4, as previously suggested to applicant, rather it is approximately where curb n gutter begins on Laclie St., just north of the entrance to the old Sundial nn). MTO 14m setback can be applied in relation to this revised limit; municipal setbacks can be applied to the south of this point. Please advise the applicant that we have identified a potential surplus piece of MTO property between Block 10 and the former CNR railway lands (area labelled on draft plans as "MTO Plan P "). The applicant should contact us if interested in acquiring this land, assuming that the City has no interest in it. While we are requesting that a traffic impact study be included as a draft condition, we have reviewed the November 0, 2011 CC Tatham Preliminary Traffic Review (included as Appendix A in the FSR Prelim. SWMR), and conclude that development of the site will not adversely impact on Highway operations. n addition, while a final SWMR is requested as a draft condition, the findings of the preliminary SWMR confirm that Highway drainage is not adversely impacted by site development (ie. prelim. SWMR is acceptable to MTO). The developer and City should ensure that no adverse drainage impacts are experienced downstream of the site. MTO has no concerns with the proposed rezoning of this site. Please submit Councils decision on these applications, including a copy of draft approval conditions. Please feel free to contact me if you have any questions. cc. L. Saltzman F. Siddiqui J. van Voorst A. Janice D. Sgro J. Hendrix Sincerely, f&:: Peter Dorton Project Manager Page 83 of 100

84 RECORD SERVCES CERTFCATE (GEOGRAPC-11C TOWNSHP or:- ORLLA SOUH) CTY OF ORLLA COUNTY OF SMCOE SCHEDULE THE PART ENUMERATED HEREUNDER REFERS TO A PORTON OF HGHWAY TRANSFERRED TO THE CORPORATON OF THE CTY OF ORLLA BY THE LEUTENANT GOVERNOR N COUNCL, PURSUANT TC PROVSONS OF THE PUBLC TRANSPORTATON AND HGHWAY MPROVEMENT ACT. METRC DSTANCES SHOWN ON THS PLAN ARE N METRES AND CAN BE CONVERTED TO FEET BY DVDNG BY HEREBY CERTFY THAT THS PLAN P HAS BEEN FLED WTH THE RECORD SERVCES UNT, SOUTHWESTERN REGO", OF THE MNSTRY OF TRANSPORTATON AT LONDON ON THE... DAY OF A PPi Rffol,;E~V~CLERK PART LOCATON TO~SHP 1 PART OF LOTS 3 & 4, CONCESSON 6. GEOGRAPHC TOWNSHP OF ORLLA SOUTH SEVERN NOW N THE DESGNATED AS THE KNGS HGHWAY BY ORDER N COUNCL OC , AS AUENDEO BY ORDER N COUNCL OC , NST , PlAN (P ) PART 1 TRANSFERRED BY ORDER N COUNCL OC , NST AND LT , (P ) - CTY OF ORLLA - Page 84 of 100 LflCLE STREEl LOT 4 CONCESSON 5 1 TRANSFERRED TO THE CTY OF ORLLA BY ORDER N COUNCL OC , NST (PlAN P ) LOT 4 CONCESSON 6 LOT (FORMER,-(lNGS HGHWAY PLAN (P ) 6 LOT 3 CONCESSON ) LOT 3 CCNCESSON 6 1 DESGNATED AS CONTROLLED-ACCESS HGYWAY BY ORDER,N COUNCil OC , 1NST No (PLAN P ) THE KNGS HGHWAY 11 0 SCALE DATE 1: 100,000 2 COUNTY ROAD TRANSFER PLAN OF PART OF A HGHWAY N THE CTY OF ORLLA COUNTY OF SMCOE LAKE COUCHCHNG SCALE :=1~0~===5~0~==== 1 "jo~o=====:::o160 METRES PREPARED BY ~cnece. HARVEY, DAMCO SURVE.YORS LTD., ORLLA, ONTARO. FLE TUBE: MTO USE ONLY PART 1 WAS TRANSFERRED TO THE CORPORATON OF THE CTY OF ORLLA BY ORDER N COUNCL OC EFFECTVE JANUARY 1, 1998 AND REGSTERED N THE LAND REGSTRY OFFCE FOR THE REGSTRY DVSON OF SMCOE ON MAY 5, 1998 AS NUMBER AND REGSTERED N THE LAND REGSTRY OFFCE FOR THE LAND TTLES DVSON OF SMCOE (51) PD-12-07: ATTACHMENT 9 - nterim Comment Summary No. 3 (GEOGRAPHC TOWNSHP Or ORLLA SOUTH) CTY or:- OR LLA COUNTY OF SMCOE ON MAY 5, 1998 AS NUMBER LT PART 1 ON THS PlAN ATACHED TO ORDER N COUNCL oc-:zs f EFFECTVE ~. ijf1l AND REGSTERED N THE LAND REGSTRY OFFCE FOR THE REGSTRY DVSON OF SMCOE (51) ON THE j,,1 DAY OF ~,,r A ON PREVOUS ORDER N COUNCL OC HGHWAY 7183 DSTRCT 3.3 OWEN SOUND DSTANCE 0.6 KhJ.~AS NUMBER 0f) V 7f REPlACES ALL OF SCHEDULE W.O TRANS PLAN AGREES WTH NSTRUCTONS AND APPROVALS TRANSFER PLAN TYPE R P NDEXED UNDER TWP. OF ORLLA S.W. REGON

85 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments RUDY &AssociATEs LTD. Comprehensive Land Usc Plnnning Me<hation Services Comment Summary Chart- Updated February 21, Ferguson Road, Orillia nterim Comments dated January 24, 2012 & Comments dated February 1, 2012 Comments dated February 6, 2012 & Meeting with City & Severn Staff February 2, 2012 reb Page 85 of 100 City and Agency Comments Official Plan ResponsesRevisions Proposed to the LayoutDesi11:n, Living Area Designation No action required. 2. Affordable Housing No action required. 3, Building min, height of 2 storeys Bungalows to be 2 storey equivalent with lofts & roof design, 4. Reverse frontage is prohibited- Rear of Block 22- create 5 m deep passive open space (Block 29) across the rear of rear of Block 22 the lots. Creates a continuous open space link to new park block (Block 30) 5. Concern with some block sizes Enlarge Block 8 at rear of Jots in Block 28 & create a park on a new block (Block being too limited for open space 30) to create a continuous open space linkage. 6. Sidewalks external to A sidewalk connection to the bus shelter at Sundial Drive andor other sidewalk development site connections may be required. Could be an asphalt sidewalk up front with an upgrade later with Commercial development. 7. Trail connections Trail connections and linkages to adjacent municipalities within the County, such as Severn Township, may be required. 8. Stormwater management Steep slope from SWMP. Opportunity to link internal road with a sidewalk to facilities and ability to link to trail existing trail. and park systems. Tim Collingwood has advised that a trailmaintenance access can be provided in conjunction with the proposed maintenance access. A culvert will be required to accommodate ditch flows adjacent to the former rail track and steps may be required to provide safe access. A full topographic survey of the area will be required to determine the extent of grade differential between the property and former rail track as well as the drainage boundary contributing to the ditch at each trail link. Designing the pond with 5: 1 side slopes will require an additional 8 meters in width to accommodate the required storage volume for each pond, at the expense of condominium lots. To be reviewed at detail design stage. 9. Urban Design Policies will apply Sidewalks required throughout the development on 1 side of 9 m road, street at the Site Plan Approval stage. plantingslandscaping, etc. at Site Plan stage. 10. Appeal concerning permitted Timing a concern for closing on the site. yses in intensification area OMB pre-hearing scheduled for March 6, 2012 to address appeals. Staff supports the use of Section 24 (2) ofthe Planning Act so that zoning would

86 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 86 of 100 Zonin~?; By-law take effect immediately once the OP appeal is addressed. 11. Sound barrier 2.2 m Add a 2.2 m fence to site specific zoning by-law exception. 12. Min. driveway length= 6.5 m to Reduce rear yard setback to 7.0 m from current 7.5 m to create front yard at 6.5 m. ensure vehicles do not overhang 13. Townhouse dwelling unit must Add to site specific zoning exception to remove 1. 8 m stub privacy fence behind have a 12 m outdoor living area each unit. with 1. 8 m high wood fencing. 14. Sight triangles =minimum of 3 Revise plan. Block 12- remove parking space #1 0 and add triangle to snow area. m, and nothing greater than 1 m in Blocks 18 & 19 - create site triangles, reduce snow storage areas. height within these area. Add 3 m site triangles where required throughout the site and along external streets visitor parking spaces Add 5 parallel parking spaces to Block 8 to obtain 68 spaces. required Parallel parking spaces to be 2.4 m x 7.0 m. 16. Snow storage area adjacent to Tim Collingwood has advised that it is unlikely that the snow storage area proposed Block 15 appears narrow for Block 15 and the SWM pond can be utilized in tandem at its current design. Due to the 3: 1 slope of the pond, a fence will be required for safety reasons and will limit the ability to push snow into the SWM pond. ncreased area of Block 17 to accommodate additional snow storage for the site. Future Apartment Block 17. Reduced lot frontage and OK with 9 m internal road frontage and 8 storeys (28 metres) in height. increased max. building height exceptions are required Future Commercial Block 18. Buffering requirements to be OK with zoning by-law as proposed. incorporated into the Zoning Bylaw amendment 19. Minimum of2 storeys or Use different rooflines to accomplish a 2 storey equivalent at the Site Plan stage. equivalent for all uses 20. Reduced front yard and interior OK with 4.5 m front yard and minimum 6 m interior side yard exceptions. side yard setback exceptions reqd 2

87 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 87 of ncreased building height and Ok with 8 storeys and maximum height of 28 metres and lot coverage maximum lot coverage exceptions are required 55% exceptions. 22. Concern with reduced 15% landscaped open space agreed. landscaped open space request General 23, Holding provisions will be OK with the use of Holding Provisions. utilized due to the sites attributes 24. Why is there not a 0.3 m reserve Revise plan. Add 0.3 m reserve where required throughout the plan, around the site at the entrance to the commercial along Ferguson Road and Laclie Street. block from the townhouse blocks? Manager of Development re: Site Servicin~~; 25. Development control fee of $ applies to the site. - M.O.E approval required C of A for SWMP typically not required for private ownership, but may be required - M.T.O approval required for the pond associated with the Commercial land uses. - Utility easements and right of ~ To be reviewed at detail design stage. ways must be secured at the developers expense -"Certificates of Completion" -Geotechnical Soils Report - A development control fee equivalent to 1.5 to 3.5% of the total value of municipal works may be applicable. Roads Driveway entrance to be in Entrances will be in compliance with City standards. compliance with O.P.S.D Storm Water Mana!!ement A. External Drainage Tim Collingwood has advised that this is likely _possible. A topogrlol}j_hic surv~ 3

88 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 88 of 100 Recommended that the external would be required to determine the extent of ditching and storm works required to flows be retained to City Lands direct flows to the intersection of Laclie Street and Sundial Drive. Detail Design Stage. B. Proposed S.W.M Pond No. 1 Tim Collingwood has advised that since the SWM ponds will be constructed and and No.2 maintained on private ownership, a C of A is typically not required. This will be Recommended that the applicant dependent on the proposed use of the commercial block and confirmation of the apply and obtain M.O.E Certificate final ownership structure, and can be discussed during the final design stage. of Approval for the private S.W.M Could benefit future Condo Corporations by providing guidelines for maintenance facility for both ponds. and ownership. Tim Collingwood to review MOE C of A options for the site. Pond Desi!m A. General policies of the Citys Tim Collingwood has advised that the shape of the ponds is governed by the Official Plan proposed lot fabric and cannot be adjusted to a more "natural" shape without revisions to the overall site layout. n addition, the drastic elevation differential from west to east limits the ability to provide decreased sloping. B. Size of water quality control Future detailed design process. components of the wet ponds are to be determined based on established imperviousness values. C. For safety measures, the Tim has advised yes, however, area currently proposed for condominium lots allowable slope permitted around a would be required to accommodate the additional land needed to provide adequate pond perimeter to the bottom of the storage volume. pond is a max. of 5: 1 slope Pond to be fenced with a liveable fence and barrier plantings as per OP. Could be a combo of 5: 1 and 3: slope. Detail design stage. Other Comments Received Department of Parks and Recreation 26. A dedicated amenity space, not A new park space Block 30 at the rear of Block 28 provides a larger dedicated shared with snow storage or buffer amenity space for the residents. Creates a continuous link with other open space space should be provided areas for future residents. 27. No driveways accessing One access point off Huronia road is Ok as per engineers and traffic report. 4

89 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 89 of 100 Huronia Road should be considered due to steep grades and trail development in future 28. The development and SWM Redesign SWMP to include a trail connection and the details for connection will be areas should have trail connections determined based on a topographic survey of the site and surrounding area. Detail design stage. Fire Department Ok. Detailed Plans will be circulated and reviewed. 29. No objections Chief Building Official 30. Layout appears to comply for fire department access. Ministry of Natural Resources Ok. Detailed Plans will be circulated and reviewed. Property is not identified as natural heritage in City OP and currently zoned for (MNR) commercial and industrial land uses. 31. This area could provide habitat Site requires an ES to ensure conformity with Section and of the PPS. or support potential species at risk Will be identified as a Draft Condition to be cleared prior to registration. Orillia Power Distribution Ok Corporation 32. No objection to application. City note: early consultation with OPDC is highly encouraged Simcoe County District School Ok Board A statement in offers of purchase and sale, that the public schools are not 33. Request that the owner agrees to guaranteed nor is the construction of schools in the area guaranteed. include statement in offers of purchase and sale Bell Canada Ok 34. Provided conditions of approval Rogers Cable Ok 35. A utility mark-up request must be submitted prior to any 5

90 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 90 of 100 construction or excavation Economic Development Office No comment Hydro One No comment General 36. City Tree Conservation By-law Site greater than 0.5 ha (1.2 acres) applies Tree inventory required by an Arborist prior to site works. 37. Common collection area may be Garbage collection requires a full turnaround. Depends of Phasing of development. required for garbage, etc. for "dead end" sections of the plan. Transportation 38. Transportation study reduced No comment trip generation for the gas station and Tim Hortons. However, not likely to affect the solutions. 39. Queue for Tim Hortons drive To be addressed at Site Plan approval stage. through. 40. Laclie St. improvements need to Traffic Report indicates need by 2021 horizon. Timing of upgrades should be be addressed prior to Citys future linked to the progress of development on the site. reconstruction of Laclie St. Commercial block drives upgrades to surrounding_roads. 41. Consider phasing improvements Timing to be considered for improvements based on progress of development. with development. 42. Consider a 2 lane approach with Unlikely to require a 3 lane approach. individual turning movements at Laclie St. & Hwy nternal walkway to connect to Detailed Design stage. mportant to ensure the entrance design works with any future existing trail. trail expansions to the east along former CN right-of-way. 44. An easement over City lands will be required to link Huronia Rd Create as a Draft Condition requirement to create an easement. 6

91 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 91 of 100 with proposed entrance. 45. Could reduce the 6.5 m setback Sidewalk on 1 side only. from the garage with a 0.5 m edge Zoning By-law exception proposes a reduced rear yard setback to 7.0 m to obtain from the road or sidewalk. the 6.5 m frontyard setback. 46. Residential entrances must be No comment required. All entrances will be designed to City standards. 7.2 m. The commercial entrance to be considered at Site Plan Review. 47. A 300 mm reserve is needed Revise draft plan accordingly. along Ferguson Rd. frontage. 48. Sidewalk required on Lac lie St. Timing should be linked with progress of development of commercial site. from the residential entrance south to Hughes Rd (bus stop) NoiseLand Use Compatibility 49. The 24 hr operation of Report used MOE noise guidelines (LU-131) to obtain requirements. Noise refrigerated transport trailers should engineer visited the site at night and indicated no change in noise at Leadbetters. be noted. Recent memo dated Feb confirms the refrigerated transport trailers sound exposures are below the MOE guideline limits for the site. 50. The use oflandscaping Site Plan will determine the required landscaping treatments. treatments a key to mitigate site. 51. Condo block excluded from the Recent memo dated Feb confirms the location of the future residential study. building is important in determining the extent of the noise study and mitigation. More detail at the Site Plan stage is required to complete a noise stucly. 52. Other potential land use Noise Engineer used MOE noise guidelines. Recent memo dated Feb 1712 compatibility issues should be confirms there are no vibration sources in the area with the potential to adversely considered i.e. vibrationodour. impact the site. Stormwater 53. Within ntake Protection Zone Detailed design data will determine requirements. Source Water Protection Plan for Source Water Protection Plan. more relevant for Commercial site. Enhanced MOE protection required. 7

92 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments Page 92 of Wooden culvert should be Engineer to confirm at detailed design stage regarding the status of the existing replaced. culvert. Water 55. Water servicing to be revisited Detailed design stage. at Site Plan stage to confirm appropriate zone. 56. fprv required it will be Detailed design will determine ifprv needed and exact location to be determined located on the development lands. on the site. 57. Not City practice to take an Ownership and maintenance to be private. easement and ownership of water pipes within private ownership. 58. Backflow and water meters may To be determined at more detailed design stage. be required. 59. Proposed 250 mm watermain To be confirmed at more detailed design stage and with discussion with Engineers. through the site may be too big. 60. Fire hydrant locations need to Site Plan stage. be addressed at Site Plan. 61. A water sample station will be To be identified at next stage - more detailed design stage. required toward the north end of the project. Housinl!: Committee 62. Housing Committee supports in No comment required. principle the applications. Severn Township 63. Concerns with drainage and Stormwater impact downstream. Severn concern with maintenance of facilities in the future or could provide securities for the maintenance. One outlet historically drains onto a private lot in Severn Township. Represents an historical drainage route through the private lot. The Surveyor has confirmed there is no existing easement through the private lot for stormwater or surface drainage. 8

93 PD-12-07: ATTACHMENT 10 - Summary of Responses to nterim Comments There is an existing easement for the private lot to drain into the adjacent lot to the north. MTO 64. MTO limit to be reduced. Draft Revise plan to reduce the limit and the extent of Block 4 as per MTO comments. conditions provided. City of Orillia Trails for Life 65. Committee supports the No comment. recommendation of planning of trails and connections. Page 93 of 100 9

94 PD-12-07: ATTACHMENT - 11 Revised Draft Plan of Subdivision dated February 14, 2012 DRAFT PLAN OF SUBDVSON OF PART OF LOT 3 AND PART OF LOT 4, CONCESSON 6 (GEOGRAPHC TOWNSHP OF SOUTH ORLLA) CTY OF ORLLA COUNTY OF SMCOE --! 70 0 ~ _, i - C,T. STRONGMAN O.L.S.. _.. _ l 20 ). ). i OWNERS AUTHORZATON ~... --~ , ~ ~ (X, : DON ~ ~,n KEY PLAN SCALE j J. LAND USE SCHEDULE, ;) : r- r- ~ ~r--~ D HEREBY CERTFY THAT THE BOUNDARES OF THE LANDS-.BE!NS-- -. SUBDVDED AND THE RELATONSHP TO THE ADJACENT LANDS ARE ACCURATELY AND CORRECTl.Y SHOWN ON THE PLAN. BLOCK ho COMMERCAL STE ho ho. 4 & ho. MANAGEMENT POND ho. STORMWATER MANAGEMENT POND ho. 8, 9, ho. STREET MTO 14m SETBACK STORMWATER _,. <,,.,, LANDSCAPED BUFFER, SNOW STORAGE PASSVE OPEN SPACE ho. OPEN ho , 33, 34, 35, 36, ho. 12, 13, 14, 15, ho. 17, 18, ho. 8 TOWNHOUSE UNTS 20 D. 18 ho. 28 TOWNHOUSE UNTS ho. C. T. STRONGMAN O.l.S. SPACE (PARK) 0.3m RESERVES --.,,,, J DAYMONTHYEAR : SNOW SfORAGE & PARKNG (68 PARKNG SPACES) SNOW STORAGE. AREA (ha.) FUTURE CONDOMNUM APARTMENT BULDNGS NTERNAL CONDOMNUM ROADWAYS 1"1o:2.1a., 1: 10,000,! SURVEYORS CERTFCATE, ~r i, ; ( HAVE. i {! ~ f-:! : 32 TOWNHOUSE UNTS 6 TOWNHOUSE UNTS TOWNHOUSE UNTS j : : ".u.j ~, ~,_ ha. 24 TOWNHOUSE UNTS ho. 16 TOWNHOUSE UNTS ho. 27 0:8 ha he. TOTAL. UNTS ) ho. - 4 TOWNHOUSE UNTS ; --~ TOTAL STE AREA 1.04 ho TOWNHOUSE UNTS (, ha.., r A. )iii[.;iii ;. r ii 1 : 1 j l ; ) i, i,, 1,._,..", :,,! (! i i. i,.,. i,. " ;, i! : " ~) i : : i CT )! : : : i! i~ no :z <( ~. ~~ ~~ -, ( Q ) - i,...!-- ;, r.::: T 10, " -:, :!,- : p <f, 2 ~ <!; " :!! ( ) A Cil.!. 17,, (!J v l.1 :o... rc::l ~,lj i {.) "" :.. ~.1 : J!:c.:: E-i!J., 1 ) -. q -;~ i :,fy QJ ~ 1 f i, lj).-r,. lid., i,, rc,: t ) 11"J ll! i (! :! 1 11,,,n!- i!! ( ",1 i (i i ( " (,, r i. i --+-,,- :1 (, ) i,! --~---< : -- i, (..! :f:o, ill,.,,. J.- :: li u : j : 1 ( : 1 1,.i ( : i. : 1 1 J ( ( V ;. i,1. v; i : ( i: ; 1 ~, ), (; ; ;.o : 1,,, ; :. U. " 1--,, ~.L :,Y:,.,, :,,,, f "! J!j Pel ~ -- l...jl(. v " c:. i :... - ) --- (,, ; 1.45 ha. -,,. ) ;: ,,, EXSTNG STRUCTURES TO BE DEMOLSHED AND REMOVED.,,, <, 1, 1,1 ",,. "! l r,., 1-._ :,,, ~----- " " > r, 1 ", r < X.,, : -- ~ < "",..,_ NOTE >- ~ i ADDTONAL NFORMATON AS REQURED UNDER SECTON 51 ( 17) OF THE PLANNNG ACT: a) AS SHOWN b) AS SHOWN c) AS SHOWN r d) SEE LAND USE SCHEDULE e) AS SHOWN - RESDENTAL COMMERCAL, f) AS SHOWN, ~l AS SHOWN MUNCPAL WATER AND SANTARY SERVCES ) SANDY LOAM j) AS SHOWN k) PUBLC TRANST, MUNCPAL WATER & SANTARY SEWERS () NL i ( Page 94 of 100 RUDY (6_ AssociATES LTD. Cornprehe11sive Lo11d Use Pla11ning Med1atiorJ Services.3595 Fairgrounds Rd., RR#2 ORLLA, ON L3V 6H2 - rudy.assoc ates@sympat,co.ca Telephone (705) 327~2070 Fax (705) C. T. STRONGMAN SURVEYNG LTD. Ontario Land Surveyors 4145 Burnside Line R R. No. 4, Orillio, L3V-6H4 Telephor~e (705) Fax (705) emoil- nfo@ctssurveys.ca 0 RLLA AC11 file:8068 DRAFT PLAN REV 2 FEB NT ARlO

95 PD-12-07: ATTACHMENT 12 - Revised Draft Plan of Common Elements Condominium dated February 14, 2012 DRAFT PLAN OF PROPOSED COMMON ELEMENTS CONDOMNUM!) ~" OF PART OF LOT 3 AND PART OF LOT 4, CONCESSON 6 i i ":- i 1!, ~ ) ( ;, 10 srale 1 i -, c J j, t,,, : { i"- -- : (GEOGRAPHC TOWNSHP OF SOUTH OR~A) CTY 0 F 0 RLLlA~ COUNTY OF SMCOE 1000 C.T. STRONGMAN O.L.S. -,, -, 2011!, - OWNER~~~~~A~U~T~H~O~R~Z~A~T~O~N~ -,1 :, DON GORDON OF ATLAS BLOCK COMPANY LMTED ----,_ -,_ :-, KEY PLAN SCALE BLOCK 1: 10,000 i 9 (--;,,l <;;:;" 0~ SURVEYORS CERTFCATE i i: HEREBY CERTFY THAT THE BOUNDARES OF THE LANDS BENG SUBDVDED AND THE RELATONSHP TO THE ADJACENT_ LANDS ARE ACCURATELY AND CORRECTLY SHOWN ON THE PLAN "!.. C. T. STRONGMAN O.L S. --,. ~~ ( -- ( ", ~- ) LAND USE SCHEDULE ----, TOTAL STE AREA OF COMMON ELEMENTS CONDOMNUM, 1 : NOTE: -- _ COMMON ELEMENTS CONDOMNUM NCLUDES BLOCKS 3, 4, 6 TO 8 AND 11 TO 19 AND 29 TO 31,_ :,_ ) r " i J,, _ :, - -- _: ha, (SEE ACCOMPANYNG DRAFT PLAN OF SUBDVSON) : ( ( --, - :: i!! ; i.h "!,-To:,, ( ~~!!! i -,, > ---! -t: " l~_ i - [,_ ;:, t- v-- ( 2c1_ 1, p..,~j<-- i :, i,- ) (! : >.. - c - j J --- : ",~ - " ), :,, -!! ~ 1 < i i (,r-.~dt --,,,, ",-!J " 1",,..: 1-1, : i i!! c- l)~ Z 0,,, - - o::;_ l T 1[_,:-: --:; : 1 L--- ~ r <f, ;2; ~~ _) (_ " ~ ~ ( [o_, : ~ u «D ~1 ~ v -"" ~~ "t ~,. r- L J;-~ 1,- r r ""u ~ _,[<. - J _- " i NOTE ) 1 EXSTNG STRUCTURES rfj BE 1 DEMOLSHED AND REMOVED, i -ADDTONAL NFORMATON, AS REO;di,{p:J UNDER SECTON 51(17) OF THE : : PLANNNG ACT: - a) b) c) d) e) ::0 "" 0 (J1 AS SHOWN! : l AS SHOWN -, AS SHOWN SEE LAND USE SCHEDULE AS SHOWN - RESDENTAL COMMERCiAL f) AS SHOWN g) AS SHOWN, h) MUNCPAL WATER AND SANTARY SERVCES i) SANDY LOAM j) AS SHOWN k) PUBLC TRANST, MUNCPAL WATER & SANTARY SEWERS () NL ) REVSONS~-----~. ELEVATONS SHOWN HEREON ARE GEODETC PROV10EO BY OB~ MAPPNG RUDY (6_ c~~~2s~,~~~c~ u~!~:;cclcg Mediatior-. Ssrvices 3595 Fairgrounds Rd., RR#2 ORLLA, ON L.3V 6H2 CT. STRONGMAN SURVEYNG LTD, Ontario Land Surveyors 4145 Burns1de Line R.R. No. 4, Orilli<:J. L3V-6H4 Telephone (705) Fax (705) ir-.fo@dssurveys ca - rudy.ossociates@sympatico.ca Telephone (705) ORii.LA Fax (705) file:8068 OP OF CONDO REV 2 FEB 2Q12 ONTARO : Page 95 of 100

96 Page 96 of 100

97 Saytar Development Corp. 184 Glenview Dr. Mississauga, Ontario L5G2N6 Tel: Fax: RECEVED JAN 0 4 Z012 ClERKS DEPT. December 29, City of Orillia co Gayle Jackson, Clerk 50 Andrew St. S. Suite# 300 Orillia, Ontario L3V 7T5 Subject: Zoning By-law Amendment Application No. Dl4-784 Draft Plan of Subdivision Application No. 43T Draft Plan of Condominium Application No. 43Cd Application submitted by Atlas Block Company Ltd. We are referring to the 600 Laclie St., we do not have any objection of developing the said property to mixed residential development, but we do object to commercial development of 1.46 HA, about 3 acres. The reason of our objection to commercial development, we are owner of 1114 AC at 570 Laclie St. Comer of Sundial, for the last 24 years, the property is zoned for the general commercial development, we tried to develop the site, but there is no interest, because there is not enough traffic in the area to support any more of commercial. We would appreciate it if you would support our concern regarding any more of commercial zoning in the area. Sincerely, Saytar Development Corp. ~ Andrew Saytar Page 97 of 100

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99 Alexander & Monika Droder 4337 Huronia Road Orillia, Ontario L3V 6H ) Attention Mr. an Sugden, Director of Planning and Development City of Orillia January 2, 2012 JAN 0 5 ZOTZ Re: Zoning By-Law amendment Application No. D Atlas Block Company land Dear Mr. Sugden, We are the owners of Lot 16 Plan 1027, Huronia Road. We and our neighbors are concerned about possible flooding problem caused by the proposed development. n the early 60s we lived on Lot 15. At that time we had a washout about 8 feet deep and consequent flooding on Lot 14 and 15 due to Highway construction. After contacting the Department of Highways about the problem they installed about 150 feet of culvert between Lot 14 and 15. There is still flooding at the back part of Lot 14. As you can see on the accompanying sketch the water from the highway presently drains onto the Atlas Block land and from there through the culvert under the former railway dam, a short way through the ditch, then through a culvert under the street and finally through the culvert to the back of the lots on Huronia Road. The plan shows a block for storm water management. Our concern is, will this prevent further flooding of the properties on Huronia Road? Page 99 of 100

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