CITY OF ORILLIA Public Meeting of Council re Planning Matters Thursday, August 20, :30 p.m. Council Chamber, Orillia City Centre A G E N D A

Transcription

1 CITY OF ORILLIA Public Meeting of Council re Planning Matters Thursday, August 20, :30 p.m. Council Chamber, Orillia City Centre A G E N D A Page Call to Order Approval of Agenda Disclosure of Interest Purpose of Meeting - Mayor S. Clarke To present two proposed Zoning By-law Amendments. Application #1 Charter Construction Limited - Stone Ridge Subdivision - Phase 4 Correspondence Development Services Department - re Staff Report DS Application for a Zoning By-law Amendment - Charter Construction Limited - Stone Ridge Subdivision - Phase 4. File: C THAT as recommended in the report dated August 11, 2015 from the Development Services Department, Council exempt Zoning Amendment Application No. D (Charter Construction Limited - Stone Ridge Subdivision - Phase 4) from City of Orillia Policy Public Meetings, thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendment for Application No. D (Charter Construction Limited - Stone Ridge Subdivision - Phase 4) be presented to Council for consideration at the August 20, 2015 meeting. Application #2 Saytar Development Corporation Laclie Street Correspondence Page 1 of 80

2 Page Development Services Department - re Staff Report DS Application for a Zoning By-law Amendment - Saytar Development Corporation Laclie Street. File: C THAT as recommended in the report dated July 25, 2015 from the Development Services Department, Council exempt Zoning Amendment Application No. D (Saytar Development Corporation Laclie Street) from City of Orillia Policy Public Meetings, thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendment for Application No. D (Saytar Development Corporation Laclie Street) be presented to Council for consideration at the August 20, 2015 meeting. Explanation of Appeal Procedures - Ian Sugden, Director of Development Services Adjournment Page 2 of 80

3 CITY OF ORILLIA TO: Council (August 20 th, 2015) FROM: Department of Development Services DATE: August 11, 2015 REPORT NO: DS SUBJECT: Application for a Zoning By-law Amendment Recommended Motions OPTION 1 Applicant: Charter Construction Limited Agent: Mitchinson Planning Consultants Property: Phase 4 - Stone Ridge Subdivision File No: D THAT Council exempt Zoning Amendment Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application. AND THAT the Draft Zoning By-law Amendment for Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) be presented to Council for their consideration at the August 20th, 2015 meeting. Purpose The purpose of this Report is to present Zoning By-law Amendment Application D to Council for consideration, together with an analysis of relevant land use planning related policies and comments from City Departments and external agencies. The applicant is seeking Council s approval to rezone a portion of their lands that are outside of Draft Plan of Subdivision 43T in order to allow the subject lands to be used in the same manner as the adjacent Draft Plan of Subdivision 43T The proposed rezoning would (together with an associated Red Line Revision to the Draft Plan permit the further development of nine (9) additional Residential Lots. Please see Figure 1 below for overview of lands. Page 3 of 80

4 2 Figure 1: LOCATION MAP Portion of Property (6,156 sq.m.) subject to Application D Source: Orillia MiTown GIS Mapping Background and Key Facts o The subject property is designated Living Area Neighbourhood Greenfield, in part and The Environment - Environmental Protection Area, in part in the City s Official Plan (Figure 3). Page 4 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

5 3 o The subject property is currently zoned Rural, (Holding Thirteen) (RU(H-13)) under Zoning By-law , as amended (Figure 4). o The subject property is part of a larger parcel that has a lot area of approximately hectares (99.27 acres). o The portion of the subject property subject to this rezoning has a lot area of approximately 6,156 sq.m (1.5 acres). o The subject property will front onto a local municipal road (Annalyse Drive) to be constructed as part of Phase 4 of the Stone Ridge Subdivision (Figure 4). o The proposed neighbourhood (Phase 4 Stone Ridge Subdivision) will consist of residential lots (Figure 5). o The lots are all proposed for single detached dwelling units and will be zoned WRR1, WRR2 and WRR3; o The property is bounded to the south by an existing woodlot and to the west by existing undeveloped rural lands. o The rural lands to the west are owned by Charter Construction Limited and are proposed for future expansion of residential lands, subject to future development approvals by the City. Figure 3 Excerpt from the City of Orillia Official Plan, Schedule B Living Area Neighbourhood Greenfield, in part and Environmental Protection Area, in part. Subject Lands Portion of lands subject to ZBA Application D Page 5 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

6 4 Figure 4 Excerpt from City of Orillia Zoning By-law , Map 19 Subject Lands Proposed Phase 4 Stone Ridge Subdivision. Portion of lands subject to ZBA Application D Figure 5 - Excerpt of proposed Draft Plan for Phase 4 - Stone Ridge Subdivision Proposed 9 residential Lots, with 12 metre frontages Proposed Street Stone Ridge Blvd Page 6 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

7 5 Holding Zone Thirteen (H13): o The Subject Property is currently subject to the conditions of the Holding Thirteen (H13)Symbol. o The conditions required to remove the Holding Symbol are in keeping with requiring an approved Draft Plan of Subdivision and include: 1. An Environmental Impact Study has been completed to identify any significant natural heritage features and functions, and if so, address the boundaries, buffers and setbacks for any significant natural heritage features and functions; 2. A Scoped Environmental Impact Study has been completed to identify any Potential Environmental Linkages, and if so, address the boundaries, buffers and setbacks to any environmental linkages; and 3. An appropriate Development Agreement has been executed that addresses: a Neighbourhood Plan; and archaeological potential; and/or environmental sensitivity; and/or servicing availability; and/or phasing Section 15.1 of Zoning By-law authorized the removal of the Holding Symbol (H) further to satisfactorily demonstrating that the above conditions have been addressed. The above conditions have been satisfied as outlined below. 1. At the time of Draft Plan Approval for the Stone Ridge Subdivision an Environmental Impact Study (EIS) was completed by Azimuth Environmental Consulting Inc. in March of That study identified potential significant natural heritage features and functions, not only for the draft approved subdivision lands, but also for the immediately adjacent rural lands. The lands subject to this application were in proximity and features were identified on these lands. A grouping of Butternut trees was identified in the adjacent woodlot (located behind the proposed 9 lots). Please see Figure 6. This woodlot is to remain as a wooded area and will be conveyed to the City in time, as a natural space therefore any Butternuts in this location will be protected from development. 2. A further Scoped Environmental Impact Study was completed by Azimuth in June 2015 with regards to this proposed development being within close proximity (25m) to a known Butternut tree location. The report examined two (2) Butternut trees within that 25m radius. Please see Figure 6. A certified Butternut Evaluator undertook a Health Assessment of the two trees and found one to be dead and the second to be in declining health with approximately 30% of the crown alive. The report confirmed that the Butternuts within close proximity were deemed to be non-retainable and as such are not required to be protected under the Endangered Species Act. Page 7 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

8 6 Figure 6 Excerpt from Azimuth Environmental Consulting Inc. Butternut Reassessment - June 2015 Lands subject to ZBA Application D Location of (2) Butternut Trees 3. An appropriate Development Agreement has been executed that addresses: a Neighbourhood Plan; and archaeological potential; and/or environmental sensitivity; and/or servicing availability; and/or phasing Section 15.1 of Zoning By-law authorized the removal of the Holding Symbol (H) further to satisfactorily demonstrating that the above conditions have been addressed. A Draft Development Agreement has begun that will provide direction for the development of Phase 4 Stone Ridge Subdivision. Below is a review of the items above and how they have been addressed. a Neighbourhood Plan; The Phase 4 Stone Ridge Subdivision submission, has incorporated the nine (9) as proposed residential lots. archaeological potential; and/or An Archaeological Report was completed by Amick Consultants Ltd. in 2004 and a clearance letter was received from the Ministry of Culture in 2004 and The Report and Clearances Letters refer to the Draft Approved lands and the outer future development lands, to the limits of the City of Orillia. Therefore all lands have been assessed and cleared for archaeological potential. Page 8 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

9 7 environmental sensitivity; and/or The environmental sensitivity has been assessed and addressed through the initial EIS (2004) and the scooped EIS (2015). servicing availability; and/or The Engineering and Servicing Plans drafted for Phase 4 Stone Ridge Subdivision has included the proposed nine (9) residential lots. A review of those Plans has shown no issues for services along this portion of Annalyse Drive. phasing Section 15.1 of Zoning By-law authorized the removal of the Holding Symbol (H) further to satisfactorily demonstrating that the above conditions have been addressed. All of the above-noted conditions have been addressed and it is therefore acceptable that Council proceed with the request to lift the Holding Symbol (H13) concurrently with the Zoning By-law Amendment. Policy Impact The City of Orillia has implemented a Policy to require a mandatory cooling off period for a minimum of fourteen (14) days for all Official Plan and Zoning By-law Amendment applications. This policy was enacted at the request of Council to allow for extra time to consider the input received at a Public Meeting prior to making a decision. The City s Policy (3) is not prescribed by the Planning Act. Normally, the minimum fourteen (14) day cooling off period would be followed by a scheduled Council Meeting within two weeks (14 days). However, as a result of Council s summer meeting schedule, the next available Council Meeting is not until September 28 th, The summer meeting schedule could therefore extend the cooling off period to 39 days, which would be seen as an unduly delay for the applicant. In an effort to facilitate timely development approvals, Development Services Staff have provided Council with an Option which would waive the mandatory cooling off period. Council would then be afforded the opportunity to make a decision on the application immediately following the August 20 th, 2015 Public Meeting of Council. In order to proceed with this option Council must first consider a motion to waive the provisions of Section (3) of the City of Orillia policy for the fourteen (14) day cooling off period as it applies to this application. If Council grants relief from policy (3), they could then proceed with consideration of the proposed Zoning By-law Amendment. This application has been considered for this motion for the following reasons: Due to summer session, the fourteen(14) day cooling off period will be much longer (39 days) than the normal procedure. With the limited construction season it would be a benefit to the applicant to start their project sooner, rather than later. Page 9 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

10 8 The findings from the City s participation in the Business Retention and Expansion program included a recommendation to reduce perceived red tape barriers to development. Options & Analysis There are four options available for consideration by Council at this Public Meeting. OPTION 1 - Recommended option THAT Council exempt Zoning Amendment Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application. AND THAT the Draft Zoning By-law Amendment for Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) be presented to Council for their consideration at the August 20th, 2015 meeting. This option is recommended for the proposed Zoning By-law Amendment application: For the reasons outlined under Policy Impacts of this report. The lands comply with O. Reg 196/96 Plans of Subdivision in the Planning Act It is consistent with the Provincial Policy Statement (PPS) It conforms with the Growth Plan for the Greater Golden Horseshoe (Growth Plan) 2006, as amended. It conforms with the applicable policies of the City of Orillia Official Plan. It complies with the general purpose and intent of the City of Orillia Comprehensive Zoning By-law It has been considered by the Director of Development Services and the City of Orillia s Legal Counsel as a minor redline revision to Draft Plan of Subdivision 43T It meets the general intent of the area (residential lots), and it will have no negative effects to the overall development of the Phase 4 Stone Ridge Subdivision. It is a logical competition of the development and will round out the development for both sides of the newly created road. A more detailed analysis of how the intent of each of the above-noted planning documents has been met is contained within Schedules B, C and D of this report. It should be noted that the Lake Simcoe Protection Plan 2009 is not applicable to the subject property as it is located outside of the Lake Simcoe watershed. OPTION 2 (incorporating the cooling off period ) THAT the Draft Zoning By-law Amendment for Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) be presented to Council for their consideration on September 28, This option would have the effect of maintaining compliance with City Policy and would result in the application being deferred until the cooling off period is complete. Page 10 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

11 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc 9 This option is not recommended due to the additional time required before Council would make a decision (39 days) or alternatively would require a special meeting of Council to be scheduled in the interim. OPTION 3 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) for reasons to be determined by Council. This option would have the effect of the application being deferred until such time as the applicant addresses any requests or concerns that may be identified by Council as a result of the input gathered at the Public Meeting. In this option, minor amendments to the proposal or application are anticipated, and a further public meeting would not likely be required. This option is not recommended, as there were no concerns expressed by circulated Municipal Departments or external Agencies but may be deemed appropriate subject to specific comments received at the Public Planning Meeting. OPTION 4 THAT Council defer its decision with respect to Draft Zoning By-law Amendment Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) for reasons to be determined by Council. AND THAT another Public Meeting be scheduled. This option would have the effect of deferring Council s consideration of the application until such time as significant changes have been made to the proposal or the application. The changes envisioned in this option would be large enough in scope to likely require an additional public meeting. This option is not recommended, as there were no major concerns expressed by circulated Municipal Departments or external Agencies, but may be deemed appropriate subject to specific comments received at the Public Planning Meeting. Financial Impact Should the Zoning By-law Amendment Application be approved, the applicant will be required to pay all fees and charges applicable to the Draft Plan of Subdivision Application Phase 4 Stone Ridge Subdivision. Additionally, once registered as a Plan of Subdivision, between residential lots will be added to the assessment base. Comments from Departments/Agencies Notice of this application has been circulated to all Departments and agencies as prescribed under O. Reg. 545/06 of the Planning Act. Comments were received from the following Departments: 1. Ministry of Transportation Corridor Management Planner Page 11 of 80

12 10 No concerns or comments to offer as the subject lands are beyond the Ministry Permit Control Area and MTO permits will not be required. 2. Orillia Power Distribution Corporation (OPDC) As a part of the finalization of the Phase 4 Subdivision Agreement, Orillia Power will need the following revised: electrical plans; cost estimates to install electrical plant; confirmation on the total number of residential lots. This is to ensure that the proposed design will meet OPDC s technical and operational requirements for safety and reliability of the system and any future additions will not impact existing customers. OPDC has no additional comments subject to a review of the updated electrical plans requested. The following Departments and agencies have advised that they have no objection or concerns with respect to the subject application: 1. Public Works Director of Public Works 2. Development Services Site Services Division 3. Development Services Building Division 4. Environmental Services Director of Environmental Services 5. Fire Department Fire Prevention Officer 6. Simcoe County District School Boards 7. Rogers Communications 8. Union Gas 9. Bell Canada Comments from Committees Comments were neither solicited nor obtained from any Committees. Communications o A joint Notice of Application and Notice of Public Meeting was advertised in the City Bulletin section of the Orillia Packet & Times newspaper on July 30, 2015, and sent via first class mail to all agencies and bodies as prescribed by the Planning Act and to all property owners within 120 metres of the subject property. Link to Strategic Plan The recommendation included in this report supports the following goals identified in Council s Strategic Plan: Page 12 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

13 11 o Environmental Stewardship Managing Growth and Using Land Wisely Conclusion Staff recommends that Council proceed with Option 1, and that Council exempt Zoning Amendment application file number D from City of Orillia Policy thereby eliminating the minimum fourteen (14) day cooling off period so that Council may make a decision on the Draft Zoning By-law Amendment for Application No. D (Charter Construction Limited Stone Ridge Subdivision - Phase 4) at the August 20 th, 2015 meeting of Council. Prepared by & Key Contact: Approved by: Ali Chapple, MCIP, RPP, Intermediate Planner Ian Sugden, MCIP, RPP, Director of Development Services Schedules Schedule A - Site Plan Schedule B - Planning Policies Review Schedule C - Official Plan (2010) review Schedule D - Review of Zoning By-law , as amended Schedule E - Draft Zoning By-law Page 13 of 80 H:\PLANNING\D14 Zoning\2015\D Charter Construction Ltd._Phase 4_Stone Ridge Blvd\Reports\DS_15_25.doc

14 Schedule A: PHASE 4 STONE RIDGE SUBDIVISION proposed nine (9) new residential lots with 12m frontages Page 14 of 80

15 Schedule B to Report DS Review of Applicable Legislation and Policy Provincial Policy Statement, 2014 The new Provincial Policy Statement 2014 (PPS) came into effect on April 30, 2014 and applies to all planning decisions made on or after that date. The PPS provides policy direction on matters of provincial interest and establishes the policy foundation for regulating the development and use of land in Ontario. All planning decisions shall be consistent with the PPS [PPS 4.2]. The PPS focuses on three key areas: building strong healthy communities, wise use and management of resources, and protecting public health and safety. The objectives of the PPS are to promote strong, livable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. These objectives are achieved through the efficient use of land, resources, infrastructure and public service facilities; sound environmental and ecological management; protection and enhancement of natural heritage and cultural heritage resources; promotion of energy efficiency and minimizing impacts on climate change; and, protecting public health and safety. As a settlement area, municipalities such as Orillia are encouraged by the PPS to promote standards of development that enable intensification, redevelopment and compact form [PPS ]. Such settlement areas are directed to be the focus of growth and development with land use patterns within these areas that: efficiently use land and resources; are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; minimize negative impacts to air quality and climate change, and promote energy efficiency; support active participation; and are transit and freight supportive. [PPS ] The PPS directs planning authorities to identify appropriate locations and promote opportunities for intensification and redevelopment [PPS ). This Provincial direction is reflected through the City s Official Plan. Comprehensive, integrated and long-term planning is achieved though Official Plans as they identify and incorporate Provincial direction and set out appropriate land use designations and policies. As it relates to this proposed amendment to the City s Zoning By-law, the PPS encourages growth within settlement areas through intensification and redevelopment which makes efficient use of land and resources and optimizes existing public infrastructure and facilities. The proposed amendment is consistent with the applicable provisions of the PPS through the development and intensified use of an existing, unutilized site that offers full municipal services; accessibility to parks, trails and public transit; and furthers the PPS directive of increased residential intensification within the Settlement Area. 1 of 2 Page 15 of 80

16 Schedule B to Report DS Review of Applicable Legislation and Policy Growth Plan for the Greater Golden Horseshoe, 2006, as amended When it came into effect in 2006, the Growth Plan was established as a 25-year plan outlining the Government of Ontario s vision for building complete communities with a planning horizon through to the year This Growth Plan is intended to guide decisions related to population and employment growth in order for such development to be achieved while building compact, vibrant and prosperous communities that make optimal use of existing and new infrastructure. In January 2012 and June 2013, the Growth Plan was amended to firstly include new policies specifically applying the Simcoe Sub-Area, which includes the City of Orillia as a Primary Settlement Area (2012 consolidation), and to secondly include population and employment forecasts through to the year 2041, in addition to other refinements (2013 consolidation). As a Primary Settlement Area, the City is expected to accommodate a concentration of development with a diverse mixture of land uses, employment and housing types, and access to amenities. This Growth Plan, and amendments thereto, are in effect pursuant to the Places to Grow Act, and municipal planning decisions are required to conform to its provisions. The proposed amendment to the City s Zoning By-law conforms to the applicable provisions of the Growth Plan, as amended. The Growth Plan directs all municipalities to develop and implement through their Official Plans, a strategy and policies to achieve intensification. This proposal will further the City s efforts in meeting its intensification target. Downtown Tomorrow Plan, 2012 The subject property is outside of the Downtown Tomorrow Plan s boundary and is therefore not subject to the plan s provisions. Active Transportation Plan (2012) The City s Active Transportation Plan identifies Stone Ridge Boulevard as a Multi-Use Trail corridor, during the pre-consultation for Phase 4 Stone Ridge Subdivision, it was agreed that a Multi-use trail would be located through the existing woodlot behind these residential lots and would connect back up with a future extension of Stoneridge Boulevard. Direction on such trails will be detailed in the Subdivision Agreement for this stage, as well through Engineered Plan submissions. 2 of 2 Page 16 of 80

17 Schedule C to Report DS OFFICIAL PLAN REVIEW Phase 4 Stone Ridge Subdivision - Zoning By-law Amendment Section 2.0 PRINCIPLES Section 2.2 PRINCIPLE 1: Manage Growth in a Responsible and Efficient Manner b) New residential growth will be accommodated within the Neighbourhood Greenfield designation, as well as through intensification in appropriate locations throughout the City. Over the lifespan of this Plan, a minimum of 40 percent of all new residential development shall be accommodated through intensification initiatives on lands within the Built Boundary identified on Schedule A. d) New Development in the Neighbourhood Greenfield areas outside of the built boundary will achieve a minimum gross density of 42 person and/or jobs per hectare e) All new development shall be designed to improve the character of the existing community without causing undue, adverse impacts on adjacent properties. Section 2.3 PRINCIPLE 2: Promote a Complete Community that Supports a Healthy, Safe and Diverse Population b) This Plan provides for an appropriate range of housing types and densities for the current and future residents of Orillia. Section 2.4 PRINCIPLE 3: Ensure the Sustainability and Integrity of the Environment Planning Comments Proposal is consistent with Official Plan in that the development is the Neighbourhood Greenfield designation. The addition of the nine (9) residential lots to the Draft Approved Stone Ridge Subdivision lands, will not have a large impact on adding to or taking away from these numbers, as the nine (9) additional lots only represent 1% of the overall residential growth potential of these Draft Approved Lands. Therefore the impacts of these nine (9) lots is negligible. Nine (9) lots will be in keeping with the surrounding WRR2 zone and will be a compatible addition to this development. Planning Comments Proposed lots will continue add to the new housing stock for Orillia. Planning Comments h) Development throughout the City will have long-term implications for the environment including the water quality of Lake Couchiching and Lake Simcoe and potentially for public health and safety. The following are considered key elements to be considered in a comprehensive strategy to promote sustainable development, and are to be implemented by the policies of this Plan: i) In order to reduce energy consumption, reasonably compact forms of development shall be maintained in conjunction with efficient pedestrian, bicycle, public transit and vehicular transportation networks. The Draft Approved Stone Ridge Lands, have already provided a number of studies and reports, supporting the future development of residential lands within Orillia. Furthermore, each proposed Phase, i.e. Phase 4 is re-evaluated at the time of registration, in order to ensure that guidelines are being implemented and followed. Page 17 of 80 ii) Neighbourhood services and facilities shall be provided close to residential development to help reduce automobile trips. iii) When considering building forms, development which results in extensive loss of sunlight to adjacent land uses shall be discouraged. iv) Energy efficient building design including passive solar energy gain, increased insulation, Energy Star appliances, alternative energy systems, and conformity with LEED certification shall be encouraged in all new buildings. v) New commercial, institutional, industrial and apartment buildings shall be encouraged to incorporate a green-roof into the design of the building.

18 Schedule C to Report DS OFFICIAL PLAN REVIEW Phase 4 Stone Ridge Subdivision - Zoning By-law Amendment Section 3.3 LIVING AREA Planning Comments INTENT b) It is the intent of this Plan that these designations protect and enhance the existing character of Orillia s neighbourhoods while, at the same time permitting some forms of new development that is compatible with the existing development. Section OBJECTIVES The following objectives and policies establish the framework for development decisions in the 'Living Area' designations: a) To protect and enhance the character and identity of existing residential neighbourhoods, such that the health, well-being and prosperity of the community is enhanced and preserved. The proposed nine (9) lots will be developed in accordance to all other new residential lots in the Phase 4 Stone Ridge Subdivision Plan Planning Comments New development may be considered an enhancement to the character of the area. c) To encourage and facilitate the production of an appropriate range of housing forms and tenures in all neighbourhoods. d) To encourage high quality design that is environmentally sustainable and consistent with the policies of this Plan. The addition of nine (9) residential lots will help promote increased housing options for Orillia Urban Design Guidelines (UDG) were established, at the time of Draft Plan Approval (2005). The UDG s describe suitable housing designs and types for the area, so that a range of different housing types will be developed over time and within the same neighbourhoods. e) To ensure that new development is compatible with the character of the adjacent buildings. Compatible is defined as development that may not necessarily be the same or similar to the existing buildings in the vicinity, but, nonetheless, enhances an established community and coexists with existing development without causing undue adverse impact on surrounding properties. Although not the same as the existing buildings, the proposed development may be considered an enhancement of the neighbourhood and is not immediately adjacent to existing residential properties.. Page 18 of 80 Section GENERAL LIVING AREA POLICIES Section Housing Demand a) The City recognizes that within the 'Living Area' designations, the number of residential dwelling units required to meet the long-term needs of the City's population could vary over time. Accordingly, this Official Plan shall not prescribe the mix of housing types within the 'Living Area' designations, providing the other policies of this Plan are attained. Section Built Form/Density a) An array of housing and building types is encouraged throughout the 'Living Area' designations. It is the intent of this Plan that built form be the determining factor for the types of development permitted in each land use designation. Planning Comments Proposed development will contribute to meeting the City s long term housing demand. Planning Comments The addition of nine (9) residential lots will help promote increased housing

19 Schedule C to Report DS OFFICIAL PLAN REVIEW Phase 4 Stone Ridge Subdivision - Zoning By-law Amendment options for Orillia Section NEIGHBOURHOOD GREENFEILD AREA DESIGNATION Section Permitted Uses Planning Comments Permitted Uses a) Permitted uses on lands identified as Neighbourhood Greenfield on Schedule A include: Residential lots are permitted to be created to support a range of the permitted uses i) single-detached, semi-detached and duplex dwellings; ii) multiple-unit buildings, townhouses and apartment buildings; iii) communal housing, which may be developed in conjunction with on-site, related, and ancillary service commercial uses; iv) home occupations; v) bed and breakfast establishments; vi) elementary and secondary schools; Page 19 of 80 vii) places of worship; viii) child care facilities; ix) local convenience/service retail; x) community gardens; xi) parks and recreation facilities;

20 Schedule C to Report DS OFFICIAL PLAN REVIEW Phase 4 Stone Ridge Subdivision - Zoning By-law Amendment xii) xiii) public uses and public and private utilities; and, secondary dwelling units. Section Development Policies Planning Comments Schedule A does not designate specific sites as locations for the various permitted residential building types or other supporting land uses. Rather, it is the intent of this Plan that new development on lands greater than 20 hectares shall proceed on the basis of a detailed Neighbourhood Plan, that will also form the basis of a Council approved Official Plan Amendment. Stone Ridge Subdivision was Draft Plan Approved in 2005, to create 998 new residential lots and a mix of high and medium density blocks. A large scale Neighbourhood Plan was presented at this, and with each sub sequential phase these neighbourhood plan are reevaluated so that they continue to reflect the design standards of the City. A Neighbourhood Plan shall be prepared based upon the policies of this Plan. It shall include all undeveloped lands within the 'Neighbourhood Greenfield' designation, and shall form the basis for all subsequent planning approvals. The Neighbourhood Plan may also form the basis for any cost sharing or other agreements among the proponents of development. Please see above A Neighbourhood Plan shall include the following components: i) detailed road, block and land use plan Refer to Draft Approved Stone Ridge Plans The road, block and land use plan will identify the conceptual layout of the neighbourhood and will provide enough detail to ensure that the minimum overall density of 50 persons and/or jobs per gross hectare has been achieved; ii) comprehensive streetscape, open space and trails plan Page 20 of 80 The comprehensive streetscape and open space plan will identify the function, design and treatment of all the road types. It will identify the trails network and the location of all public sidewalks. This component of the Neighbourhood Plan will also include a detailed layout that identifies the linkages between proposed parks, parkettes/urban squares and storm water management facilities; iii) urban design and architectural control guidelines The urban design and architectural control guidelines will provide more detail and implement the Design Policies for Living Area, and any other applicable policies of this Plan. The urban design and architectural control guidelines will articulate building height, massing and form, building setbacks, the arrangement of buildings on lots and the treatment of on-site parking. In addition, the urban and architectural control guidelines will identify the location and design treatment of landmark architectural features, priority lots and architectural design requirements for all buildings, including

21 Schedule C to Report DS OFFICIAL PLAN REVIEW Phase 4 Stone Ridge Subdivision - Zoning By-law Amendment landscape elements; and, iv) servicing plan, including, but not limited to the provision of water, wastewater and/or utilities. Each development lot in a block will: i) have frontage on a public road, or private road if the development is part of a plan of condominium; and, The proposed 9 lots will have frontage on a Municipal Road, they are all of sufficient sixe for the proposed WRR2 Zone and they conform with the policies of this Plan. ii) be of sufficient size and appropriate configuration to accommodate development that conforms with the Design Policies for Living Area, and any other applicable policies in this Plan. Page 21 of 80

22 Schedule D to Report DS_15_25 Zoning By-law ( ) Review ZONING BY-LAW COMPLIANCE REVIEW Phase 4 Stone Ridge Subdivision Rural Holding Exception Thirteen RU(H13) to West Ridge Residential Two (WRR2) SECTION 8 WEST RIDGE RESIDENTIAL ZONES (WRR2) Table 8.1 Permitted Uses in West Ridge Residential Zones Permitted Uses Apartment Dwelling Four Unit Dwelling Home Occupation Group Home Type 1 Legally Existing Uses Multiple Unit Dwelling Public Use Retirement Home Secondary Dwelling Unit Semi Detached Dwelling Single Detached Dwelling Townhouse Dwelling WRR2 Table 8.2 Zone Provisions for West Ridge Residential Zones ZONE PROVISIONS WRR2 Lot Area (Minimum) 400 m 2 Lot Frontage (Minimum) (4) 12.0 m Lot Coverage (Maximum) 45% Front Main Building Garage 4.5 m 6.0 m Interior Side 1.2 m Exterior Side 3.0 m Rear 7.0 m Building Height (Maximum) 11.0 m Landscaped Open Space (Minimum) N/A Driveway Width (Maximum) 50% of Lot Frontage Footnotes for Table 8.2: (1) All Development shall be set back a minimum of 10.0 m from the TransCanada Pipeline Right-of-Way. (4) On Lots Zoned WRR1, WRR2, WRR3, WRR4, WRR5 and WRR6, where the front Lot Line is not a straight line or the side Lot Lines are not parallel, the Lot Frontage shall be calculated 7.5 m back from the front Lot Line. Page 22 of 80

23 Schedule E to Report No. DS Zoning By-law Amendment BY-LAW NUMBER OF THE CITY OF ORILLIA AMENDMENT NUMBER 14 TO BY-LAW NUMBER , THE ZONING BY-LAW FOR THE CITY OF ORILLIA (CHARTER CONSTRUCTION LIMITED PHASE 4 STONE RIDGE SUBDIVISION) WHEREAS the Council of the Corporation of the City of Orillia may pass by-laws pursuant to Section 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 the parcel of land and to remove the Holding provision with respect to the lands shown in Schedule A- 1 of this by-law; 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. AND WHEREAS all conditions imposed in connection with the removal of the holding symbol have been satisfied; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ORILLIA HEREBY ENACTS AS FOLLOWS: 1. THAT Map Number 19 of Schedule A to By-law Number , as amended, is hereby further amended by changing the zoning of the lands identified on Schedule A-1 attached from the Rural (Holding Thirteen) (RU(H13)) to the West Ridge Residential Two (WRR2) Zone. 2. THAT Map 19 of Schedule A to By-law Number , be amended by removing the H13 symbol from the lands shown on Schedule A-1 to this By-law. 5. THAT Schedule A-1 attached forms part of this By-law. 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 20 th day of August, A. D MAYOR CAO/ CLERK Page 23 of 80

24 74 City of Orillia Schedule A-1 to By-Jaw enacted and passed the 20th day of August, L.ine 15 N (Part of L.ot 7, Con. 2, South Orillia) ~ Property to be rezoned from the "Rural (Holding Thirteen)" (RU(H1 3)) Zone to the "West Ridge Residential Two" (WRR2) Zone. Page 24 of 80

25 CITY OF ORILLIA TO: Council Public Planning Meeting of August 20, 2015 FROM: Department of Development Services DATE: July 25, 2015 REPORT NO: DS SUBJECT: Application for a Zoning By-law Amendment Applicant: Saytar Development Corporation Agent: Upper Canada Consultants Property: 570 Laclie Street File No.: D Recommended Motion THAT Council exempt Zoning Amendment application No. D (Saytar Development Corporation) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application. AND THAT the Draft Zoning By-law Amendment for Application No. D (Saytar Development Corporation) be presented to Council for their consideration at the August 20 th, 2015 meeting. Purpose The purpose of this Report is to present Zoning By-law Amendment Application D to Council for consideration, together with an analysis of relevant land use planning policies and comments from City Departments and external agencies. The applicant is seeking Council s approval to rezone the subject property to permit the development of a new condominium apartment building. The proposed building features the following characteristics: A footprint area of 1,191.3 square metres (12,823 square feet); A height of 25.7 metres (84.3 feet) (8 storeys); 96 Parking Spaces including 5 barrier free and 24 visitor spaces; 24 of the 96 Parking Spaces (including the 5 barrier free) will be located under the building; 70 Dwelling Units which will range in size from 87 square metres (937 square feet) to square meters ( square feet); In addition to the specific use (Apartment Dwelling) proposed for the subject property, the Zoning By-law Amendment also proposes six site-specific exceptions to the Zoning By-law: Reduction in the minimum required westerly exterior side yard (from 2.5 metre to 1.5 metres); H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc - File: A09 Page 25 of 80

26 2 Reduction in the minimum required northerly exterior side yard (from 2.5 metre to 2.1 metres); Reduction in the minimum required balcony encroachment into the northerly exterior side yard (from 1.2 metres to 0.2 meters); Increase in the maximum building Height (from 12.5 metres to 25.7 metres); Reduction in the minimum Landscaped Open Space (from 40% to 32%) Reduction in the required parking from 1.5 parking spaces per suite (105 parking spaces) to 1.3 parking spaces per Dwelling Unit (96 parking spaces). Please see Schedule A for renderings and a Site Plan of the proposed development. Background and Key Facts The subject property is located at the south east corner of Laclie Street and Hughes Road (Figure 1). The Lot Area is approximately 0.5 hectares (1.3 acres), with 53 metres (17.8 feet) of frontage abutting Hughes Road and approximately 167 meters 548 feet) abutting Laclie Street. The subject property is currently vacant of any buildings or structures and is characterized by regenerative or successive growth vegetation which predominantly includes Sumac, Poplar and Manitoba Maple. (Figure 2). Figure 2 also depicts the surrounding land uses. The west and south is predominantly residential while the east is commercial/industrial. The north can be characterized as transitional (new, mixed-use development). Figures 3, 4 and 5 views the subject property from the adjacent Laclie Street and Hughes Road. The subject property is designated Living Area - Intensification Area in the City s Official Plan as shown in Figure 6. The subject property is currently zoned Mixed Use Intensification Intensification Area (Holding Two) (C4i(H2)), on Map 3 of Zoning By-law , as amended and shown in Figure 7. The Intake Protection Zone 2 Overlay Zone is also applicable to the subject property as shown in Figure 7. The subject property is adjacent to a proposed Active Transportation (AT) Facility route. A Bike Lane is proposed along Laclie Street and a Signed Route is proposed along Hughes Road as shown in Figure 8. H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 26 of 80

27 3 Figure 1 Location Map of Subject Lands Figure 2 Aerial Photo Transitional Residential Single Detached Dwellings Industrial Class 1 Light Industrial Commercial Subject Property Residential Single Detached Dwellings Source: Orillia MiTown GIS Mapping H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 27 of 80

28 4 Figure 3 Street View of Subject Property looking North on Laclie Street Source: Google Street View (image capture June 2015) Figure 4 - Street View of Subject Property looking South West from Hughes Road Source: Google Street View (image capture June, 2015) Figure 5 - Street View of Subject Property looking South on Laclie Street Source: Google Street View (image capture June, 2015) H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 28 of 80

29 5 Figure 6 Excerpt from the City of Orillia Official Plan, Schedule A Intensification Area Figure 7 Excerpt from City of Orillia Zoning By-law , Map 3 Figure 8 Excerpt from City of Orillia Zoning Active Transportation Plan H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 29 of 80

30 6 Holding Zone (H2): o The Subject Property is currently subject to the conditions of the H2 Holding Zone. o The conditions required to remove the Holding Symbol (H) include: 1. availability of servicing capacity; 2. Site Plan Approval; 3. the submission and approval of acceptable Environmental and Archaeological studies, if deemed necessary by the City; and, 4. remediation of the site to address and mitigate any known or suspected human made hazards. o Section 14.1 of Zoning By-law authorizes the removal of the Holding Symbol (H) further to satisfactorily demonstrating that the above conditions have been addressed. o The above conditions have been satisfied as noted below. 1. A Servicing Feasibility Study prepared by Dearden and Stanton Limited has been reviewed and accepted by the Manager of Development and the Director of Environmental Services. An updated Servicing Feasibility Study will be required prior to Site Plan approval. 2. The proposed development is subject to Site Plan control as per Chapter 363 Site Plan Control Area, of the City of Orillia Municipal Code. 3. (a) A memorandum prepared by Mark Powell, Certified Arborist, has been submitted and accepted by the City which indicates that there are no species at risk (i.e. Butternut trees), or any other identified species (of trees) at risk on the property. (b) An Environmental Impact Study was not undertaken as the subject property is not within the Environmental Protection Area designation identified on Schedule A and/or on lands adjacent to a designated Environmental Protection Area as set out in Sections d), e) and f) and Section of the Official Plan. Further, the subject property is not considered a significant woodland, wetland or valleyland as per the Ministry of Natural Resources and Forestry s Natural Heritage Reference Manual; has been previously cleared for agricultural purposes and is characterized by successive growth vegetation; is bounded by roadways and urban development; is small in area; and, is not part of an environmental linkage system. (c) A Stage 1-2 Archaeological Assessment, prepared by Amick Consultants Limited, was completed and accepted by the Ontario Ministry of Tourism and Culture which concluded that no archaeological sites or resources were encountered on the site and that no further Stage 2 archaeological assessment be required. 4. A Phase I Environmental Site Assessment, prepared by Azimuth Environmental Consulting Inc., has been submitted and accepted by the Director of Environmental Services. No further assessment (Phase II) is required. o As the conditions associated with the Hold (H2) have been met, it is proposed that the Holding Symbol (H) be lifted concurrent with this Zoning By-law Amendment. H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 30 of 80

31 7 Policy Impact City of Orillia Policy requires a mandatory, fourteen (14) day cooling off period following a Public Planning Meeting for all Official Plan and Zoning By-law Amendment applications. Although not required under the Planning Act, this Policy was enacted to provide Council with additional time to consider the input received at a Public Meeting prior to making a decision. Typically, the next scheduled Council meeting provides for the 14 day cooling off period. However, as a result of Council s summer meeting schedule, the next available Council Meeting is not until September 28 th, 2015 which would extend the cooling off period to 39 days. In an effort to facilitate timely development approvals, Development Services Staff have provided Council with an additional Option which would exempt the applicant from the mandatory cooling off period. Council would then be afforded the opportunity to make a decision on the application immediately following the August 20 th, 2015 Public Meeting of Council. In order to proceed with this Option, Council must first pass a motion to exempt the application from City of Orillia Policy Council may then proceed with consideration of the proposed Zoning By-law Amendment. It is proposed that this application be considered for this motion for the following reasons: Due to summer session, the fourteen (14) day cooling off period will be much longer (39 days) than the normal procedure. The Zoning By-law Amendment application was deemed complete on April 24 th, Waiting an additional 39 days will put the application in a position of appeal for a non-decision to the Ontario Municipal Board (OMB). As per Subsection 34 (11) of the Planning Act, an application for a Zoning By-law Amendment becomes appealable to the OMB after 120 days from the date the application is deemed complete should no decision be made with respect to the application. The August 20 th Public Planning Meeting is 118 days from the date the application was deemed complete. The findings from the City s participation in the Business Retention and Expansion program included a recommendation to reduce perceived red tape barriers to development Options & Analysis There are four options available for consideration by Council. Option 1 (Recommended option) THAT Council exempt Zoning Amendment application No. D (Saytar Development Corporation) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application. H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 31 of 80

32 8 AND THAT the Draft Zoning By-law Amendment for Application No. D (Saytar Development Corporation) be presented to Council for their consideration at the August 20 th, 2015 meeting. This option is recommended because the proposed Zoning By-law Amendment application: is consistent with the Provincial Policy Statement (PPS) 2014; conforms with the Growth Plan for the Greater Golden Horseshoe (Growth Plan) 2006, as amended; conforms with the applicable policies of the City of Orillia Official Plan (August 2013); complies with the general purpose and intent of the City of Orillia Comprehensive Zoning By-law ; and, for the reasons outlined under Policy Impacts of this report. A more detailed analysis of how the intent of each of the above-noted planning documents has been met is contained within Schedules B, C and D. OPTION 2 THAT the Draft Zoning By-law Amendment for Application No. D (Saytar Development Corporation) be presented to Council for their consideration on September 28, 2015 (i.e. following the minimum 14-day cooling off period ). This option would have the effect of maintaining compliance with City Policy and would result in the application being deferred until the cooling off period is complete. This option is not recommended due to the additional time required before Council would make a decision on the application (39 days) or alternatively would require the scheduling of a Special Meeting of Council. OPTION 3 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment Application No. D (Saytar Development Corporation) for reasons to be determined by Council. This option would have the effect of the application being deferred until such time as the applicant addresses any requests or concerns that may be identified by Council as a result of the input gathered at the Public Meeting. In this option, minor amendments to the proposal or application are anticipated, and a further public meeting would not likely be required. This option is not recommended, but may be deemed appropriate further to comments received at the Public Planning Meeting. OPTION 4 THAT Council defer its decision with respect to Draft Zoning By-law Amendment Application No. D (Saytar Development Corporation) for reasons to be determined by Council. AND THAT another Public Meeting be scheduled. H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 32 of 80

33 9 This option would have the effect of deferring Council s consideration of the application until such time as significant changes have been made to the proposal or the application. The changes envisioned in this option would be large enough in scope to likely require an additional public meeting. This option is not recommended but may be deemed appropriate further to comments received at the Public Planning Meeting. Financial Impact If the Zoning By-law Amendment Application is approved, the applicant will be required to pay all fees, charges, and securities applicable to the development as part of the Condominium and Site Plan approval process and prior to the issuance of Building Permits. Comments from Departments/Agencies Please see Schedule E for a summary of comments received from City Departments and External Agencies Comments from Committees A Supplementary Memo will be provided in addition to this report as comments from the Housing Committee were not available at the time of the writing of this report. Communications A sign outlining the details of the proposed Zoning By-law Amendment was posted on the subject property on April 23, A Notice of Application was advertised in the City Bulletin City section of the Orillia Packet & Times newspaper on April 30 th, 2015 and sent via first class mail to all agencies and bodies as prescribed by the Planning Act. The applicant hosted an Open House at the Couchiching Heights Public School on May 27 th, 2015 at 6:00 p.m. Notice of the Open House was also sent via first class mail to all property owners within 120 metres of the subject property. Approximately 10 members of the public were in attendance. A Notice of Public Meeting was advertised in the City Bulletin City section of the Orillia Packet & Times newspaper, and sent via first class mail to all property owners within 120 metres of the subject property, on July 30, The Public Meeting is scheduled for August 20 th, Link to Strategic Plan The recommendation included in this report supports the following goals identified in Council s Strategic Plan: o Environmental Stewardship Managing Growth and Using Land Wisely H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 33 of 80

34 o Healthy Communities Enhancing the wellness of the community Promoting a Broad Range of Housing Choices within the Community. Conclusion 10 Staff recommend that Council proceed with Option 1, that Council exempt Zoning Amendment application file number D from City of Orillia Policy thereby eliminating the minimum fourteen (14) day cooling off period so that Council may make a decision on the Draft Zoning By-law Amendment for Application No. D (Saytar Development Corporation) at the August 20 th, 2015 meeting of Council. Schedules Schedule A Renderings of the proposed development and Site Plan Schedule B Review of applicable legislation and policy (PPS, Growth Plan) Schedule C Review of conformity with the City s Official Plan Policies Schedule D Review of conformity with the City s Zoning By-law ( , as amended) Schedule E Summary of comments received from Departments/Agencies and Committees Schedule F List of names of residents who signed petitions objecting to Applications (petitions received prior to Notice of Public Meeting) Schedule G - Draft Zoning By-law Amendment to Zoning By-law , as amended Prepared by & Key Contact: Approved by: Jeff Duggan, MCIP, RPP Senior Planner Ian Sugden, MCIP, RPP Director of Development Services H:\PLANNING\C11 Council Reports\REPORTS_2015\RPT_DS_15_22_570 Laclie Street_ZBA.doc Page 34 of 80

35 Schedule A to Report DS Renderings and Site Plan Page 35 of 80

36 Schedule A to Report DS Renderings and Site Plan Page 36 of 80

37 Schedule B to Report DS Review of Applicable Legislation and Policy Provincial Policy Statement, 2014 The new Provincial Policy Statement 2014 (PPS) came into effect on April 30, 2014 and applies to all planning decisions made on or after that date. The PPS provides policy direction on matters of provincial interest and establishes the policy foundation for regulating the development and use of land in Ontario. All planning decisions shall be consistent with the PPS [PPS 4.2]. The PPS focuses on three key areas: building strong healthy communities, wise use and management of resources, and protecting public health and safety. The objectives of the PPS are to promote strong, livable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. These objectives are achieved through the efficient use of land, resources, infrastructure and public service facilities; sound environmental and ecological management; protection and enhancement of natural heritage and cultural heritage resources; promotion of energy efficiency and minimizing impacts on climate change; and, protecting public health and safety. As a settlement area, municipalities such as Orillia are directed by the PPS to promote standards of development that enable intensification, redevelopment and compact form [PPS ]. Such settlement areas are directed to be the focus of growth and development with land use patterns within these areas that: efficiently use land and resources; are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; minimize negative impacts to air quality and climate change, and promote energy efficiency; support active participation; and are transit and freight supportive. [PPS ] The PPS directs planning authorities to identify appropriate locations and promote opportunities for intensification and redevelopment [PPS ). This Provincial direction is reflected through the City s Official Plan. Comprehensive, integrated and long-term planning is achieved though Official Plans as they identify and incorporate Provincial direction and set out appropriate land use designations and policies. The PPS encourages growth within settlement areas through intensification and redevelopment which makes efficient use of land and resources and optimizes existing public infrastructure and facilities. The proposed amendment is consistent with the applicable provisions of the PPS through the development and intensified use of an existing, unutilized site that offers full municipal services; accessibility to parks, trails and public transit; and furthers the PPS directive of increased residential intensification within the Settlement Area Page 37 of 80

38 Schedule B to Report DS Review of Applicable Legislation and Policy Growth Plan for the Greater Golden Horseshoe, 2006, as amended When it came into effect in 2006, the Growth Plan was established as a 25-year strategy which outlined the Government of Ontario s vision for building complete communities with a planning horizon through to the year The Growth Plan is intended to guide decisions related to population and employment growth and that new development to be achieved while building compact, vibrant and prosperous communities that make optimal use of existing and new infrastructure. In January 2012 and June 2013, the Growth Plan was amended to include new policies specifically applying to the Simcoe Sub-Area which includes the City of Orillia as a Primary Settlement Area (2012 consolidation). Further, in addition to other refinements, the Growth Plan was amended to include population and employment forecasts through to the year 2041, (2013 consolidation). As a Primary Settlement Area, the City is expected to accommodate a concentration of development with a diverse mixture of land uses, employment and housing types, and access to amenities. The Growth Plan, and amendments thereto, are in effect pursuant to the Places to Grow Act, and municipal planning decisions are required to conform to its provisions. The proposed amendment to the City s Zoning By-law conforms to the applicable provisions of the Growth Plan, as amended. More particularly with respect to Section General Intensification, which requires a minimum of 40 percent of all new residential development to be directed to the built-up area. Further, the Growth Plan directs all municipalities to develop and implement through their Official Plans, a strategy and policies to achieve intensification. This higher density proposal will further the City s efforts in meeting its intensification target. Lake Simcoe Protection Plan, 2009 The subject property is outside of the Simcoe Watershed boundary and is therefore not subject to the plan s provisions. Downtown Tomorrow Plan, 2012 The subject property is outside of the Downtown Tomorrow Plan s boundary and is therefore not subject to the plan s provisions. Active Transportation Plan (2012) The City s Active Transportation Plan identifies Laclie Street from North Street to Hughes Road / Goldie Drive, as the City s primary North / South Active Transportation Page 38 of 80

39 Schedule B to Report DS Review of Applicable Legislation and Policy corridor. The Laclie Street Bike Lane route is proposed to terminate at Hughes Road / Goldie Drive and will then become a Signed Route which will direct AT traffic to the multi-use trail located immediately east of Ferguson Road / Sundial Drive. (Source: City of Orillia Active Transportation Plan: 2012) The City s Transportation Master Plan (2011) identifies the Laclie Street Corridor as scheduled for upgrading within the next 9 to 12 years. This upgrading is proposed to include the widening of Laclie Street to three lanes, sidewalks and Active Transportation facilities (bike lanes). From an Active Transportation perspective, the location of a higher density development directly on an AT route is enviable. This location provides the opportunity for a large number of people to access the safe and conveniently located Active Transportation facilities (multi-use trail located immediately to the east and bike lanes along Laclie Street. Page 39 of 80

40 Schedule C to Report DS Official Plan Review Section 2.0 PRINCIPLES Section 2.2 PRINCIPLE 1: Manage Growth in a Responsible and Efficient Manner b) New residential growth will be accommodated within the Neighbourhood Greenfield designation, as well as through intensification in appropriate locations throughout the City. Over the lifespan of this Plan, a minimum of 40 percent of all new residential development shall be accommodated through intensification initiatives on lands within the Built Boundary identified on Schedule A. c) Planning for new development will be carried out in a manner that makes efficient use of existing infrastructure, vacant and underutilized lands and buildings and existing as well as planned municipal services. e) The achievement of sustainability objectives and a high quality of urban design for new buildings and development projects will be expected. f) All new development shall be designed to improve the character of the existing community without causing undue, adverse impacts on adjacent properties. g) Development achieved through intensification, particularly within the Downtown Area, shall foster a pedestrian environment which promotes social interaction and easy access to community amenities. Planning Comments Proposal is consistent with Official Plan in that the development is an intensified residential use located in an appropriate location (Intensification Area). Proposal will use existing municipal infrastructure (sewer, water, roads) Property is currently vacant and unutilized The building has been designed by a Professional Architectural firm. The final design of the building will include Ontario Building Code requirements for energy efficiency. Subject property is currently vacant and unutilized. Proposed development not adjacent to residential properties. Proposed development is located in close proximity (approximately 130 metres) from the City s recreational trail. Approximately 200 metres to sidewalk on Laclie Street Approximately 1 kilometer to grocery store and other amenities Neighbourhood services and facilities are proposed within the adjacent North Lake Subdivision. Page 40 of 80 Section 2.3 PRINCIPLE 2: Promote a Complete Community that Supports a Healthy, Safe and Diverse Population b) This Plan provides for an appropriate range of housing types and densities for the current and future residents of Orillia. Section 2.4 PRINCIPLE 3: Ensure the Sustainability and Integrity of the Environment Planning Comments The proposed development is appropriate in that it is consistent with the objectives of the Intensification Area Designation. The development will provide a new form of housing not currently available in the immediate area. Planning Comments h) Development throughout the City will have long-term implications for the environment including the water quality of Lake Couchiching and Lake Simcoe and potentially for public health and safety. The following are considered key elements to be considered in a comprehensive strategy to promote sustainable

41 Schedule C to Report DS Official Plan Review development, and are to be implemented by the policies of this Plan: i) In order to reduce energy consumption, reasonably compact forms of development shall be maintained in conjunction with efficient pedestrian, bicycle, public transit and vehicular transportation networks. ii) Neighbourhood services and facilities shall be provided close to residential development to help reduce automobile trips. iii) When considering building forms, development which results in extensive loss of sunlight to adjacent land uses shall be discouraged. iv) Energy efficient building design including passive solar energy gain, increased insulation, Energy Star appliances, alternative energy systems, and conformity with LEED certification shall be encouraged in all new buildings. v) New commercial, institutional, industrial and apartment buildings shall be encouraged to incorporate a green-roof into the design of the building. Section 3.3 LIVING AREA Higher density, compact development in close proximity to recreational trail Public Transit route (Laclie Route) immediately in front of development. Bus Shelter at corner of Laclie Street and Hughes Road Approximately 1 kilometer to grocery store and other amenities Neighbourhood services and facilities are proposed within the adjacent North Lake Subdivision. The final design of the building will include Ontario Building Code requirements for energy efficiency. Applicant has determined that a green roof is not feasible from a maintenance perspective. Planning Comments INTENT b) It is the intent of this Plan that these designations protect and enhance the existing character of Orillia s neighbourhoods while, at the same time permitting some forms of new development that is compatible with the existing development. The proposed development is located within the Intensification Area designation which encourages higher density development New development may be considered an enhancement to the character of the area. The proposed development may be considered compatible with existing development due to its setback (approximately 44 metres) from residential properties. Section OBJECTIVES Planning Comments Page 41 of 80 The following objectives and policies establish the framework for development decisions in the 'Living Area' designations: a) To protect and enhance the character and identity of existing residential neighbourhoods, such that the health, well-being and prosperity of the community is enhanced and preserved. New development may be considered an enhancement to the character of the area. b) To promote higher density, transit supportive and mixed-use development in appropriate locations. Proposed development is higher density (55 units per acres), transit supportive (transit stop opposite proposed development on Hughes Road) in an appropriate location (Intensification Area). c) To encourage and facilitate the production of an appropriate range of housing forms and tenures in all May be considered to be an enhancement of the range of housing forms within

42 Schedule C to Report DS Official Plan Review neighbourhoods. d) To encourage high quality design that is environmentally sustainable and consistent with the policies of this Plan. the immediate neighborhood. Designed by Professional Architectural Firm e) To ensure that new development is compatible with the character of the adjacent buildings. There are no buildings adjacent to the subject property. Section GENERAL LIVING AREA POLICIES See discussion on compatibility within (c). Page 42 of 80 Section Housing Demand a) The City recognizes that within the 'Living Area' designations, the number of residential dwelling units required to meet the long-term needs of the City's population could vary over time. Accordingly, this Official Plan shall not prescribe the mix of housing types within the 'Living Area' designations, providing the other policies of this Plan are attained. Section Affordable Housing a) The City will encourage the development of housing that is affordable for low and moderate income households. In order to provide opportunities for affordable housing units, Council may consider relief from municipal permit fees, taxes and/or development fees. b) It is the requirement of this Plan that a minimum of 25 percent of all new development within the 'Intensification Area' designation, 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 and/or subsidies, including land dedication, that will reduce overall development costs; and, iv) encouraging the development of secondary dwelling units. d) Affordable housing will be encouraged to locate in proximity to local community facilities and existing or potential public transit routes and active transportation facilities. Planning Comments Proposed development will contribute to meeting the City s long term housing demand. Planning Comments The applicant has explained within the Planning Impact Analysis that: The proposed development meets the affordable housing policies of the City s Official Plan as it offers options for smaller housing forms, such as condominiums. The units are smaller than a single detached, semi-detached and even townhouse making the units more affordable, appealing to low and moderate income households. The applicant has explained within the Planning Impact Analysis that: The proposed development contributes to the City in reaching the target of 25% affordable housing. The development represents a higher density producing housing that is more affordable due to the reduced per unit land costs. The units are smaller units than what is currently available in the immediate neighbourhood, providing for more affordable options within the neighbourhood meeting the affordable housing policies. The proposed development is approximately 700 metres from a Public School Is directly on a Public Transit Route Close proximity to a Recreational Trail

43 Schedule C to Report DS Official Plan Review Section Built Form/Density Planning Comments a) An array of housing and building types is encouraged throughout the 'Living Area' designations. It is the intent of this Plan that built form be the determining factor for the types of development permitted in each land use designation. An apartment building will contribute to the range of housing and building types within this area Infill Housing Planning Comments a) Infill development on properties that vary from the existing development pattern in terms of lot size, configuration and/or orientation in the 'Living Area' designations shall be designed with heights, massing and scale which is compatible with the surrounding context. All infill proposals shall be subject to Site Plan Control. There is very little development pattern currently within the immediate Intensification Area Designation from which to compare. Subject property is not directly adjacent to any residential properties. Residential properties to the west are buffered by Laclie Street (40 metres) Land uses to the east are industrial. Lands to the north is in transition and are part of the North Lake Subdivision Apartment Buildings Planning Comments a) Where permitted, apartment buildings may be considered on a Local Road provided sufficient evidence indicates that the road is capable of handling additional dwellings and that the development is deemed acceptable to the City. b) Where permitted, apartment buildings shall be located at highly accessible locations, ideally within 250 metres of an existing or planned public transit route within the Intensification Area designation and within 400 metres of a planned transit route within the Neighbourhood Greenfield designation. It is also desirable that apartment buildings be developed in proximity to community facilities and commercial facilities. The proposed development is located on a Collector Road (Hughes Road) and adjacent to an Arterial Road (Laclie Street). A Traffic Impact Analysis has been submitted and accepted by the City as per Public Works Comments dated July 27, The subject property is: o o Located directly on a public transit route Located within 30 meters of a Public Transit Bus Shelter o Is not considered to be located in proximity to any community facilities. Page 43 of 80 c) All apartment building developments within the 'Living Area' shall be compatible with the character of the surrounding community. o Is approximately 205 meters from Mariposa Park and 500 metres to Canwell Park o Approximately 1 kilometer from commercial facilities although commercial development is anticipated immediately north in the North Lake subdivision. Compatible is defined as development that may not necessarily be the same or similar to the existing buildings in the vicinity, but, nonetheless, enhances an established community and coexists with existing development without causing undue adverse impact on surrounding properties.

44 Schedule C to Report DS Official Plan Review The subject property is: Not adjacent to any buildings or functioning uses. Is within an area of significant transition (North Lake Subdivision) under development to the north of the subject property. The North Lake subdivision, currently under development, is proposed to have 178 Townhouses, a.5 hectare (1.45 acres) Commercial parcel and a.3 hectare (.9 acre) parcel designated for condominium apartment buildings. Zoning for the apartment building s is in place and provides for 120 Apartment Dwelling Units and a building height of 28 metres. The project is designed to fit well on the site and due to the municipal right-ofway, extensive landscape buffering is provided along the westerly lot line opposite the single family houses to the west and south. There is approximately 20 meters of Municipal Right-of-way on the west side of the building and 40 meters of Landscaped Buffer Area at the south end of the building. Discussion on Compatibility The subject property is unique in that it is not part of any one established community. The Subject Property is located in an area characterized by mixed uses. The neighbourhood to the west, opposite Laclie Street is predominantly residential, characterized by single family dwellings. Similarly, the area to the south is predominantly residential single family dwellings but is buffered by the rear yard of a commercial property. To the west is an M1 Industrial One (Light Industry) industrial park. To the north is the Lake View Subdivision. This subdivision is currently under development and is proposed to have 178 Townhouses on a parcel approximately 7 hectares (17 acres) in area, a 0.5 hectare (1.45 acres) commercial parcel and a 0.3 hectare (.9 acre) parcel designated for condominium apartment buildings. Page 44 of 80 With regard to separation distances between uses, the setback from the residential neighbourhood to the west is substantial at approximately 45 metres (147 feet) between property lines. When the setbacks of the existing dwellings from Laclie street are taken into consideration, the separation distances between the dwellings and the proposed apartment building range between 78 meters (256 feet) and 113 metres (370 feet). Similarly, the closest existing dwelling to the south benefits from a separation distance between property lines of approximately 39 metres 128 feet). However, as the building is located at the north end of the property, the separation distance between buildings increases considerably to approximately 156 metres (512 feet). Separation distances from the westerly Light Industrial area are approximately 43 metres (141 feet) between property lines at the closes point. As a M1 Light Industrial area, the existing industrial facilities would be considered Class 1 under the Ministry

45 Schedule C to Report DS Official Plan Review of Environment s D6 compatibility guidelines. The minimum separation distance between a more sensitive land use such as residential and a Class 1 industrial land use is 20 metres (65 feet). d) All apartment building developments within the 'Living Area' shall be subject to Site Plan Control and may be subject to a Zoning By-law Amendment. Site Plan Control and Zoning Amendment required Section INTENSIFICATION AREA DESIGNATION Section Intent a) The 'Intensification Area' designation shown on Schedule A, represents identified locations that have been targeted for intensified development. These lands are locations that have the potential to accommodate a mixture of residential, office, retail and service commercial uses. Planning Comments Subject lands are within the Intensification Designation as shown of schedule A. b) It is the intent of this Plan to promote the development of the lands designated as 'Intensification Area' for higher density, transit supportive and mixed-use proposals that take advantage of their location on roads that accommodate public transit routes. All new development shall conform with the Design Policies for Living Area and any other applicable policies of this Plan. Proposed development constitutes higher density (54 units per acres) Is directly on a public transit route Section Permitted Uses a) Permitted uses on lands identified as Intensification Area on Schedule A include: i) stand-alone multiple-unit buildings, all forms of townhouses (including, but not limited to, link stack and back-to-back), and apartment buildings; ii) mixed-use buildings with retail/service commercial and/or office uses in combination with residential dwelling units; Planning Comments Apartment Buildings are considered a permitted use. Definition of Apartment Dwelling as per Zoning By-law means a Building containing five or more Dwelling Units that share a common external access to the outside through a common vestibule and a common corridor system or a combination thereof. iii) tourist accommodations; Page 45 of 80 iv) live-work units; v) communal housing, which may be developed in conjunction with on-site, related, and ancillary service commercial uses; vi) home occupations; vii) elementary and secondary schools; viii) places of worship;

46 Schedule C to Report DS Official Plan Review ix) child care facilities; x) stand-alone retail, restaurants, service commercial and/or offices; xi) secondary dwellings in existing residential dwellings; xii) parks and recreation facilities; and, xiii) public uses and public and private utilities Section Prohibited Uses a) Prohibited Uses on lands identified as Intensification Area on Schedule A include: No prohibited uses are proposed. Planning Comments i) new single-detached, semi-detached and duplex dwelling units; and, b) ii) stand-alone parking lots.ii) new single-detached and semi-detached dwelling units. Page 46 of 80 Section Development Policies a) All permitted uses within the 'Intensification Area' designation shall be subject to Site Plan Control, and shall conform to the Design policies for Living Area, and all other applicable policies of this Plan. The Site Plan Control provisions may include detailed design, colour, materials and sustainable building practices. b) All new development must be compatible with its surrounding context, in consideration of the height permissions and restrictions that follow. c) Buildings within the 'Intensification Area' designation shall be between 2, or equivalent, and 8 storeys in height, subject to the following angular plane provisions: i) where a new development is abutting a property line within the 'Stable Neighbourhood' or 'Downtown Shoulder' designations, an angular plane shall be implemented to establish an appropriate interface with abutting lower built forms as a result of stepping back upper floors of the building. Property lines that abut a public road allowance are not subject to the angular plane provisions; and, ii) where a site abuts any property line within the 'Stable Neighbourhood' or 'Downtown Shoulder' designation, a 45 degree angular plane shall be established at a point 7.5 metres directly above the abutting property line. d) Where a rear or exterior lot line or the rear or side building façade abuts a public road, public open space, and/or a residential lot, special landscaping/building treatments shall be required to ensure that building façades and servicing areas are attractive and/or appropriately screened from view. e) Garage access/service facilities shall not dominate the view of the streetscape within the 'Intensification Area' designation. The implementing Zoning By-law shall include details with respect to build-within-zones for front and exterior side yards, for the various anticipated development types and forms. Planning Comments Development will be subject to Site Plan Control See detailed discussion regarding height within the Zoning Compliance Review. Proposed development is 8 storeys in height Angular Plane provisions do not apply as follows: o o Subject to Site Plan Control The Subject Property does not abut a property line within the Stable Neighbourhood or Downtown Shoulder designation Subject property abuts a public road allowance Buffering required as per implementing Zoning By-law and lower lever / 1st storey will be screened from view.

47 Schedule C to Report DS Official Plan Review f) Centralized access points shall be required and shared access between adjacent uses is encouraged. Parking lots shall not be located in the front yard. Where retail uses are anticipated, on-street parking shall be promoted, where possible. g) Any additions to the existing Intensification Area designation, whether an expansion to an existing Intensification Area, or the creation of a new Intensification Area may only be considered where such lands front onto an Arterial Road, public transit route, or Highway. Further, any consideration for any addition to the 'Intensification Area' designation must only include lands that are located at highly accessible locations within 250 metres of existing public transit routes, parks, community facilities and local commercial facilities. Additions to the 'Intensification Area' designation shall require an Official Plan Amendment. Parking is not located within the front yard. N/A DESIGN POLICIES FOR THE LIVING AREA Objectives Planning Comments The following design policies apply to all new development within the 'Living Area' designations. The City s objectives for design within 'Living Area' designations are: a) To enhance the livability and physical appeal of the community through the quality, layout and attractiveness of its public and private spaces and buildings to enhance the well-being, health and prosperity of the citizens. b) To provide development proponents with an understanding of the design intent of the City. The fundamental basis of these Urban Design policies is to create a built environment, which provides: i) visual diversity, interest and beauty; ii) a well-defined public realm, including an interconnected open space network that encourages walking and cycling; iii) sensitive integration of new development with existing development; Discussion related to these points are dispersed throughout the Official Plan review. Specifically, please see: o Discussion on Active Transportation in Schedule B Review of Applicable Legislation and Policy. iv) a transit supportive and pedestrian/cycling-oriented development pattern; o Discussion on Compatibility (Section (c) Page 47 of 80 v) an attractive and distinctive, pedestrian-oriented community, with connections to the waterfront; and, vi) a road system which recognizes and preserves the historic character of the City s neighbourhoods. c) In order to reduce energy consumption, reasonably compact forms of development shall be maintained in conjunction with efficient pedestrian, bicycle and vehicular transportation networks. d) Neighbourhood services and facilities shall be provided close to residential development to help reduce automobile trips. Higher density (compact) development proposed Close proximity to multi-purpose recreational trail Directly adjacent to Public Transit Route Neighbourhood services and facilities are proposed within the adjacent North Lake Subdivision.

48 Schedule C to Report DS Official Plan Review Design Policies for Roads Planning Comments a) All roads shall conform with the policies of Section 6.1 of this Plan. In addition, all Highways, Arterial Roads and Collector Roads, with the exception of Highway 11, shall be designed to accommodate vehicles as well as to support transit, pedestrians and cyclists. Sidewalks and street trees shall be provided on both sides of all Highways, Arterial Roads and Collector Roads, with the exception of Highway 11. b) All Local Roads and Private Roads, where they are developed, shall provide a sidewalk on at least one side of the Road, and shall include street tree planting on both sides of the Road. There are no new roads being proposed to facilitate this development There are no new roads being proposed to facilitate this development Design Policies for Greening Planning Comments a) All new development shall provide a public parkland dedication in accordance with the policies of the Planning Act, to the satisfaction of the City. The City may, at their discretion, accept cash-in-lieu of a required parkland dedication. Parkland dedication contribution will be required as part of Site Plan Control Design Policies for Buildings Planning Comments a) An appropriate range of housing types and tenures should be provided to make a variety of housing options available to the community. b) The design of built form shall incorporate principles of sustainable development, energy and resource efficiency. The proposed development provides for a type of housing not currently available in the immediate neighbourhood area thereby adding to the variety of housing options available to the community. Design details will be will be finalized during the Site Plan Control stage of the development. The building and site will meet all City requirements and Building Code requirements for energy efficiency. c) When considering building forms, development which results in extensive loss of sunlight to adjacent land uses shall be discouraged. The site is disconnected from adjacent residential land uses and is buffered by Laclie Street to the west. Page 48 of 80 d) For the purpose of enhancing the pedestrian scale of buildings and providing safe, well-shaded resting places for pedestrians, architectural features such as awnings, canopies, and building cantilevers/overhangs should be incorporated into the design of the building's façade. e) New commercial, institutional, industrial and apartment buildings shall be encouraged to incorporate a green-roof into the design of the building f) Architectural styles of individual units and blocks should be sensitive to and complement each other. N/A The proposed building is stepped back A 199 square meter Amenity Space is being provided at the north end of the property. The applicant has indicated that he does not wish to incorporate a green roof into the design due to maintenance issues. g) New development will be compatible with adjacent and neighbouring development by ensuring that the siting and massing of new buildings does not result in undue, adverse impacts on adjacent properties particularly in regard to adequate privacy conditions for residential buildings and their outdoor amenity areas. Subject property is not directly adjacent to any residential properties. Residential properties to the west are buffered by Laclie Street (40 metres)

49 Schedule C to Report DS Official Plan Review Land uses to the east are industrial Lands to the north are in transition and are part of the North Lake Subdivision. h) Development should be designed to support public transit and, for reasons of public safety and convenience, primary building entrances to principal buildings should be clearly visible, direct, with minimum changes in grade and located on a road or onto public open spaces. i) To enhance the quality and safety of the public streetscapes, the development of parking lots/structures which occupy significant proportions of the at-grade frontage of public roads shall not be permitted. j) For multiple-unit buildings, townhouses and apartment buildings, in order to reduce the impact of surface parking and to provide at-grade amenity areas, the provision of structured or underground parking shall be encouraged for higher density forms of development. Where it is not feasible to locate parking in structures either below or above grade, parking shall be encouraged to be located to the rear of principal buildings. Section Apartment Buildings Proposed development is directly on a public Transit Route Development will be subject to Site Plan Control which will deal with entrance considerations Parking is located in the Exterior Side and Rear Yards and underneath the building at grade. Parking is provided beneath the building. Planning Comments a) Apartment buildings should be oriented to front the road, with a minimum setback. The building is oriented as close as possible to Hughes Road. b) Permanent parking, loading and service areas shall be located in side or rear yards and set back from the front facade of the building. Parking is located in the Exterior Side and Rear Yards and beneath the building at grade. c) A visitor drop-off area should be located at the front of the building. Main entrance is at the front of the building. Architectural details will be finalized through Site Plan Control. a) Rooftop mechanical equipment should be screened from view with materials that are complementary to the building or through architectural features. The rooftop mechanical equipment area is proposed to be enclosed with complimentary architectural materials to provide a positive streetscape. Page 49 of 80 b) Where an apartment building is part of a private complex and/or condominium project, parkettes or other outdoor amenity areas shall be provided Policies for Development Siting Architectural details will be finalized through Site Plan Control. A 119 square meter Outdoor Amenity Area with pergola and sitting area has been incorporated in the Site Plan design General Residential Siting Policies Planning Comments For the purpose of these policies a block is defined as being composed of contiguous lots surrounded by roads. Each block shall contain a mix of unit types with a variety of elevations and setbacks to encourage diversity. b) Placement of buildings with identical elevations, setbacks and colour treatment next to each other is not permitted. Identical unit elevations shall be separated by a minimum of two dwellings. Identical exterior colour packages shall be separated by a minimum of three dwellings. These policies are specific to multi-building / multi-unit developments The proposed development is a stand-alone building

50 Schedule C to Report DS Official Plan Review c) The front facade wall should be sited close to the front lot line where possible, in keeping with permitted zoning. Entry doors should be visible from the road. d) When siting different unit types on a road, appropriate transition should be considered to avoid substantial changes in height. d) Site design shall minimize disruptions to traffic flow and to maximize safety and the attractiveness of Arterial/Collector Roads, individual direct vehicular access shall be minimized, and, in some cases prohibited. Section Priority Lots Planning Comments Policies specific to multi-building, multi-unit developments The proposed development is a stand-alone building Section Policies for Fencing/Walls Section Privacy Fencing Guidelines Planning Comments a) Hedges and garden walls are encouraged. They should be limited in height and visually permeable to allow To be considered during Site Plan Control stage overview from publicly accessible spaces. b) Rear and side yard fences, where required, shall be consistent in design, colour, and materials and in To be considered during Site Plan Control stage accordance with any applicable City standards. c) Fences may be subject to review by the City. Subject to Site Plan Control Corner Lot Fencing / Buffering for New Development a) Corner lot fencing or buffering shall be provided for screening of rear yard amenity area on all flankage lots where the rear yard is exposed to the road. Planning Comments Policies specific to multi-building, multi-unit developments The proposed development is a stand-alone building b) The exact location of corner lot fencing will be determined in a subdivision agreement. Policies specific to multi-building, multi-unit developments Page 50 of Noise Attenuation Fences and Walls a) Acoustic fences along Arterial/Collector Roads shall provide adequate visual and physical buffer to the residences without creating an uninviting wall. b) If masonry piers are used on acoustic walls they shall be of a colour and material which is complementary to the walls and to all other common entry features within the development. The proposed development is a stand-alone building Planning Comments Specifics to be determined at Site Plan Control Stage Specifics to be determined at Site Plan Control Stage Policies for Lighting Planning Comments

51 Schedule C to Report DS Official Plan Review a) Lighting is an essential consideration to ensure safe pedestrian and transportation movement. The following guidelines shall apply to the 'Living Area' designations: Specifics to be determined at Site Plan Control Stage i) exterior lighting shall be designed to promote pedestrian comfort, safety and provide a high quality ambiance; ii) only Dark Skies friendly lighting will be permitted in the Living Area. In addition, accent lighting is encouraged where it can emphasize built form and landscape elements; and, iii) pedestrian scale lighting shall be provided adjacent to roads, walkways, urban squares, pedestrian routes and within parks and courtyards. Section 4.3 Waste Disposal Sites Planning Comments The subject lands are not located within the Waste Disposal Assessment Area and are therefore not subject to the policies in Section 4.3. Section 4.4 Neighbourhood Surrounding the Hospital Planning Comments The subject lands are not located within the neighbourhood Surrounding the Hospital and are therefore not subject to the policies in Section 4.3. Section 4.5 Wellhead Protection Overlay Planning Comments The subject property is located within the Intake Protection Zone 2 and is subject to the provisions of the Source Water Protection Act. Section 4.6 Aggregate Resources Overlay Planning Comments The subject lands are not located within the Aggregate Resources Overlay and are therefore not subject to the policies of 4.6. Section 4.7 Policies for the Lake Simcoe Watershed Planning Comments Page 51 of 80 Section 4.8 Natural Hazard Lands Section 4.9 Human Made Hazards The subject lands are not located within the Aggregate Resources Overlay and are therefore not subject to the policies of 4.7. Planning Comments The subject lands are not considered natural hazard lands and are therefore not subject to the policies of 4.8. Planning Comments Stage I Environmental Assessment has been completed and accepted by the City. The conclusion of the Assessment was that no further work (Phase II) was

52 Schedule C to Report DS Official Plan Review required and that the subject property could be used for a residential use. Section 5.4 Policies for Archaeological Sites A Stage 1-2 Archaeological Assessment of the subject property has been completed and accepted by the Ministry of Tourism, Culture and Sport Page 52 of 80

53 Schedule D to Report DS Zoning By-Law Review and Discussion Page 53 of 80 C4i(H2) to Residential 5 Intensification Exception (R513i) Provision Required Proposed Comment SECTION 5 - GENERAL PROVISIONS Section 5.1 Accessory Buildings and Structures Minimum Required Yard Minimum for applicable Zone 2.5m 3m OK Section 5.2 Angular Plane Zone 45 degrees 7.5m above abutting property line Section 5.3 Bed and Breakfast N/A N/A N/A Section Building Permit Issued N/A N/A N/A Section Decks N/A N/A N/A none Property is not in or adjacent to a C1, DS1, DS2, or R1, R2, or R3 or is in the Downtown Overlay Zone. Also Angular Planes do not apply to a property line abutting a Public Road allowance. Section 5.6 Established Building N/A N/A N/A Line Section Fences N/A N/A Fencing required Section 5.8 Frontage on a public Frontage on a public Frontage on a public road OK road or navigable waterway road Section 5.9 Height Exception N/A N/A Mechanical Penthouse required (mechanical penthouse, antenna etc.) Section Home Industry N/A N/A N/A Section 5.11 Home Occupation N/A N/A N/A Section 5.12 Landscaping Requirements Landscaped Buffer Area abutting an Improved 1.5m proposed OK - Screening strip not required as property does not abut a residential zone. Public Street 1.5m Section 5.13 Motor Vehicle Sales N/A N/A N/A Establishment 5.14 Motor Vehicle Fuel Bars N/A N/A N/A 5.15 Multiple Uses on a Lot N/A N/A N/A 5.16 Multiple Zones on a Lot N/A N/A N/A 5.17 Municipal Services Connection to City Connection to City OK services required services proposed 5.18 Non-Compliance as a result N/A N/A N/A of expropriation 5.19 Non-Complying Buildings and Structures N/A N/A N/A

54 Schedule D to Report DS Zoning By-Law Review and Discussion 5.20 Non-Complying Lots N/A N/A N/A 5.21 Non-Complying Parking and Loading Facilities and Entrances 5.22 Non-Conforming Uses N/A N/A N/A 5.23 Number of Dwelling Units per N/A N/A N/A Lot 5.24 Outdoor Display and Sales N/A N/A N/A 5.25 Outdoor Storage N/A N/A N/A 5.26 Parking and Storage of N/A N/A N/A Commercial Motor Vehicles 5.27 Permitted Yard Encroachments For balconies etc. Balconies permitted to encroach up to 2.5 metres, but not closer than 1.2 metres to front, rear or exterior property line Phased Condos N/A N/A N/A 5.29 Prohibited Uses Certain uses prohibited No prohibited uses N/A proposed 5.30 Public Uses N/A N/A N/A 5.31 Setback from Sensitive Land Uses OK Applies to Industrial Uses being established adjacent to a more sensitive land use More Sensitive Land Use being established adjacent to an industrial use 5.32 Setback from TCPL N/A N/A N/A 5.33 Setback from Waterbodies N/A N/A N/A and Environmental Protection 5.34 Shipping Containers N/A N/A N/A 5.35 Sight Triangles 7.5 metres for 2 intersecting streets Met OK Exception required for North Balconies 0.25m. Page 54 of metres for street and private driveway 5.36 Snow Storage Areas 2% of parking, loading, Met OK private streets etc Swimming Pools N/A N/A N/A 5.38 Temporary Land Uses N/A N/A N/A

55 Schedule D to Report DS Zoning By-Law Review and Discussion Page 55 of 80 SECTION 6 - PARKING AND LOADING parking in Downtown N/A N/A N/A 6.22 Residential Parking Requirements Residential building containing more than 3 dwelling units = 1.5 spaces /unit of which 25% shall be dedicated visitor parking 70x1.5=105 25% of 105=27 96 Parking Spaces of which 5 Accessible and 24 Visitor Bicycle Parking - residential 1 for every 10 regular 11 required OK parking spaces Parking Based on N/A N/A N/A Occupancy More than one use per lot N/A N/A N/A Barrier Free Parking Required when 10 or more spaces are required 5 proposed OK (4%) 4% of 100 = 4 plus 1% of 5 = Exclusive Use of a parking or Unobstructed and Appears to be fine at this OK loading space available at all times time Location of parking and N/A N/A N/A loading spaces Cash-in-lieu of parking N/A N/A N/A Parking required for outdoor N/A N/A N/A patios Location of parking on a lot used for residential purposes OK Only permitted in a parking structure, garage, parking area, parking lot, etc. Parking proposed on site as surface parking and in a parking structure Size of parking spaces Stndrd 2.7 x 6 m 5 Spaces Provided OK BF 4.1 x Width of aisle Two-way 6.0 m 6.0 m OK width of access ramps and Residential 7.2 min. OK 7.9m proposed driveways (apartment) Location of driveways On a corner lot driveway must be a 31 m OK 1.37 per Dwelling Unit (rounded to 1 decimal place)

56 Schedule D to Report DS Zoning By-Law Review and Discussion minimum of 15.0 metres from the travelled portion of a local road Surface treatment Must be cement or asphaltic binder and parking spaces must be marked Parking Garages Portions above grade applicable zone requirements Hard surface proposed. Parking spaces to be marked. OK OK. Portions below grade 1.0 m Illumination Onto parking lot and Site Plan N/A away from abutting properties Queuing Lanes N/A N/A N/A 6.3 Parking Area Location on a Lot Apartment Buildings Parking proposed OK side or rear yard only Exterior Side and internally to site (i.e. under building) 6.4 Motor vehicle storage and N/A N/A N/A display 6.5 Loading Space Requirements N/A N/A N/A Page 56 of 80 SECTION 7 RESIDENTIAL ZONES (R5 Exception) Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 RESIDENTIAL ZONES Permitted Uses R1 R2 R3 R4 R5 R6 Residential Uses Accessory Dwelling Unit i i i i Apartment Dwelling i i i Bed and Breakfast Establishment Boarding, Lodging or Rooming House Converted Dwelling (legally Existing only) Four-Unit Dwelling i Group Home Type 1

57 Schedule D to Report DS Zoning By-Law Review and Discussion Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 RESIDENTIAL ZONES Permitted Uses R1 R2 R3 R4 R5 R6 Home Occupation Legally Existing Uses Mobile Home Park (legally Existing only) Multiple Dwelling i i Public Use Secondary Dwelling Unit (1) (1) Single Detached Dwelling (2) (2) Stacked Townhouse Dwelling i Three-Unit Dwelling i Townhouse Dwelling i i Two-Unit Dwelling (3) (3) Non-Residential Uses Business, Professional or Administrative Office (4) i i i i Day Nursery i i i i Convenience Store (4) i i i i Financial Institution (4) i i i i Hotel i i i i Live-Work Units i i i i Motel i i i i Personal Service Shop (4) i i i i Place of Worship i i i i Restaurant (4) i i i i Retail Store (4) i i i i Retirement Home i i i Page 57 of 80 Uses Proposed: 70 Suite Condominium Apartment Building Definition Dwelling, Apartment means a Building containing five or more Dwelling Units that share a common external access to the outside through a common vestibule and a common corridor system or a combination thereof.

58 Schedule D to Report DS Zoning By-Law Review and Discussion Page 58 of 80 Table 7.2 Zone Provisions for Residential Zones Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 ZONE ZONE REQUIREMENTS Lot Area (Minimum) Semi-Detached Dwellings Townhouse Dwellings For all other Residential units Non-Residential Uses Lot Frontage (Minimum) Semi-Detached Dwellings Townhouse Dwellings For all other Residential units Non-Residential Uses R1 Residential One R2 Residential Two R3 Residential Three R4 Residential Four R5 Residential Five R6 Residential Six m 2 per unit (1) m 2 per unit (1) m 2 per unit (1) n/a n/a n/a n/a m m m m 2 n/a per unit (1) per unit (1) per unit (1) per unit (1) m m m m 2 per m ha (for the first unit (1) Dwelling 5228 m 2 Unit, plus 90.0 m 2 for each additional unit) (1) N/A (7) (7) (7) (7) N/A 7.5 m per unit (1) 7.0 m per unit (1) 6.5 m per unit (1) n/a 6.0 m per 6.0 m per unit (1) (2) unit (1) (2) 15.0 m 15.0 m 12.0 m (for the first Dwelling Unit, plus 2.0 m for each additional Dwelling Unit) (1) n/a n/a n/a 6.0 m per 6.0 m per unit (1) (2) unit (1) (2) 20.0 m 30.0 m 53m n/a m N/A (7) (7) (7) (7) N/A

59 Schedule D to Report DS Zoning By-Law Review and Discussion Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 ZONE ZONE R1 R2 R3 R4 R5 R6 REQUIREMENTS Residential Residential Residential Residential Residential Residential Lot Coverage (Maximum) One Two Three Four Five 35% 45% 45% 45% 45% 22.7% Six 50% Required Yards: Front (minimum) 6.0 m 6.0 m 6.0 m 6.0 m 5.0 m 15.0 m Front (maximum) Interior Side (minimum) Exterior Side (minimum) N/A see footnote #3 N/A (3) (3) (3) (3) N/A 1.2 m 1.2 m 1.5 m 1.8 m 6.0 m 7.5 m (0 m between shared Main Wall or foundation of units that are Attached) 4.5 m 4.5 m 4.5 m 3.0 m N/A see 15.0 m footnote #3 Page 59 of 80 Exterior Side N./A (3) (3) (3) (3) N/A (maximum) Rear (minimum) 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m (0 m between shared Main Wall or foundation of units that are Attached) Building Height n/a 6.0 m 6.0 m 6.0 m 6.0 m n/a (Minimum) (4) Building Height 11.0 m 11.0 m 11.0 m 11.0 m 12.5 m 11.0 m (Maximum)(5) 25.7m Landscaped Open Space (Minimum)(6) 30% 30% 30% 30% 40% 32% 45% Footnotes For Table 7.2: (1) The per unit Requirement does not apply to a Secondary Dwelling Unit.

60 Schedule D to Report DS Zoning By-Law Review and Discussion (2) End Townhouse Dwelling Units shall have a Minimum Lot Frontage of 8.0 m. (3) For all Buildings and Structures located within the Downtown Area Overlay Zones as shown on Schedule C, or located within the Intensification Area as identified with an i on Schedule A, the Required Front and Exterior Side Yards shall be as follows: Zone Minimum Front Maximum Front Minimum Maximum Exterior Side Exterior Side R2 and R3 2.5 m 6.0 m 2.5 m 4.5 m R4 2.5 m 6.0 m 2.5 m 3.0 m R5 2.5 m 5.0 m 2.5 m 5.0 m PROPOSED PROPOSED 3.8m - OK 2.1m (North) 1.5m (West) 14.2m East (4) Minimum Building Height applies only in an Intensification Area, as identified with an i on Schedule A. (5) Angular Plane provisions apply in the Intensification Areas, as identified with an i on Schedule A. (6) i) No Outdoor Living Area shall be Required for freehold Townhouse Dwelling Units. All other Townhouse Dwelling Units shall have an Outdoor Living Area of 12.0 m2 (min) per unit. ii) Common Outdoor Amenity Areas are Required for Townhouse Dwellings that are part of a private complex and/or condominium project and Apartment Dwellings located outside of the Downtown Area on Schedule C. (7) Non-Residential Uses are permitted in accordance with the Zone Requirements of the C4 Zone outlined in Table 9.2. The Intensification Area Requirements continue to apply. Page 60 of 80 PROPOSED R5-X ZONE Lot Area 5228m 2 (meets R5 requirement of 1000m 2 ) Lot Frontage 53m (meets R5 requirement of 30m) Lot Coverage (max.) 22.7% (meets R5 requirement of 45%) Front (min.) 2.5m (meets R5 requirement with 3.8m) Front (max.) 5.0m (meets R5 requirement with 3.8m)) Interior 14.2 (meeting R5 requirement of 6m)

61 Schedule D to Report DS Zoning By-Law Review and Discussion NORTH Exterior (min.) 2.5m 2.1m Exterior (max.) 5m WEST Exterior (min.) 2.5m 1.5m Exterior (max.) 5m Building Height (min.) 6 m Building Height (max). 12.5m 25.7m OTHER EXCEPTIONS North Balconies 0.25m setback 1.3 per Parking Spaces per Dwelling Unit Landscaped Open Space 32% OVERLAY Intake Protection Zone 2 The Environmental Services Department has advised that the proposed use is not considered a significant threat and that they have no concerns Page 61 of 80

62 Schedule D to Report DS Zoning By-Law Review and Discussion Discussion Regarding Requested Exceptions The below discussion reviews the Zoning By-law Exceptions requested as part of the development proposal for an 8 storey, 70 unit condominium apartment building. Northerly and Westerly Side Yard Setback (Footnotes For Table 7.2) Three of the six requested exceptions are with regard to setbacks or, the distance of the proposed building from the property line. The Zoning By-law prescribes setbacks for all uses in all zones which serve as a baseline for which the location of all new development must be considered. As each new development situation is unique, the appropriateness of each setback may differ from situation to situation. For example, minimum setbacks are essential in the more concentrated and urbanized areas of the City as without minimum separation distances, issues such as congestion would result. Conversely, buildings adjacent to roads, open space, or well set back from neighbours, may not require the minimum setback due to the negligible impact to the adjacent land uses. The purpose of requiring minimum setbacks is to establish minimum separation distance between uses. These minimum distances are, however, highly contextual and the appropriateness of each setback may be reviewed on a site specific basis. For buildings located within the Downtown Area and Intensification Area Overlay Zones, a build-within zone is required. This build-within zone is based on the requisite front and exterior side yards. These yards are as follows: Footnotes For Table 7.2 (3) Zone Minimum Front Maximum Front Minimum Exterior Side R2 and R3 2.5 m 6.0 m 2.5 m 4.5 m R4 2.5 m 6.0 m 2.5 m 3.0 m R5 2.5 m 5.0 m 2.5 m 5.0 m PROPOSED 3.8m PROPOSED Maximum Exterior Side 2.1m (North) 1.5m (West) Generally, the Zoning By-law only provides for a minimum setback. In the Downtown Area and Intensification Area Overlay Zones, a maximum setback is also prescribed. The intent of the maximum setback is to encourage buildings to be located closer to the road, with parking situated at the side or the rear of the property. This is an urban design principle and attempts to reorient apartment buildings, commercial and institutional development toward the road thereby reducing the traditional sea of parking located between the road and the building. With regard to the subject property, the setback requests are appropriate in that the building is located in the front yard with the parking located in the interior side and rear yards. As such, the intent of the build within zone is maintained. With regard to the Page 62 of 80

63 Schedule D to Report DS Zoning By-Law Review and Discussion setback deficiency, the requests appear minor, both numerically and with regard to impact. The northerly side yard exception requests 2.1 meters whereas 2.5 meters is required. The 0.4 meter reduction in the exterior side yard setback will be undetectable from any vantage as the subject property is already well set back from both Laclie Street and Hughes Road due to the extraordinarily large municipal road allowance. The setback of the proposed building from the travelled portion of Laclie Street is approximately 21 meters (69 feet) whereas the setback of the proposed building from the travelled portion of Hughes Road is approximately 32 metres (105 feet). As a result of these considerable distances from the travelled portion of the road, a 40 centimeter reduction in the exterior side yard setback will have no noticeable impacts off site. Further to this, the requested reduction in setback for the balcony located at the northwest corner of the building would benefit from the above rationale which is that a 0.95 metre (3.1 feet) encroachment into the exterior side yard would not be noticeable or have any negative impacts off-site. Similarly, the westerly side yard exception requests 1.5 meters whereas 2.5 meters is required. A 1.0 meter reduction in the exterior side yard setback will also be undetectable from any vantage as the subject property is well set back from Laclie Street due to the wide municipal right of way. As noted, the setback of the proposed building from the travelled portion of Laclie Street is approximately 21 meters (69 feet). Further, there are no abutting properties that could potentially be impacted by the setback reduction. As may be seen from Figure 1 below, the Single Detached Dwellings directly opposite the proposed apartment building also benefit from exceptionally large setbacks (from Laclie Street). These setbacks range from approximately 33 metres (108 feet) to 68 metres (223 feet). Combined with the 45 meter 147 feet) municipal road allowance, these dwellings benefit from considerable separation distances which range between 78 meters (256 feet) and 113 metres (370 feet). As a result of these considerable distances from both the travelled portion of the road and the adjacent residential homes, a 1 metre (3.3 feet) reduction in the exterior side yard setback will have no noticeable impacts off site. Building Height and Compatibility The Zoning By-law provides a maximum building height of 12.5 metres (41 feet) as-ofright without benefit of a Zoning By-law Amendment. The intent of limiting the as-ofright permission for building height is to ensure that buildings proposed to be higher than that prescribed in the Zoning By-law, are vetted within the public domain and reviewed in light of the applicable Official Plan policies, particularly those related to compatibility with the surrounding environment. The Zoning Amendment Application requests a height of 25.7 metres (84.3 feet). The addition of the mechanical penthouse raises the total height of the building to 31.2 metres (102.5 feet). The exception is specific to 25.7 metres as the Zoning By-law Page 63 of 80

64 Schedule D to Report DS Zoning By-Law Review and Discussion exempts a mechanical penthouse (among other structures) from the maximum height provision provided to the Principal Use. FIGURE 1 Distance of Residential Detached Dwellings West Side of Laclie Street Compatibility with the Established Community The Official Plan defines compatible as: development that may not necessarily be the same or similar to the existing buildings in the vicinity, but, nonetheless, enhances an established community and coexists with existing development without causing undue adverse impact on surrounding properties. The subject property is unique in that it is not part of any one established community. As may be seen from Figure 2 below, the subject property is located in an area characterized by mixed uses. The neighbourhood to the west, opposite Laclie Street is predominantly residential, characterized by Single Detached Dwellings. Similarly, the area to the south is predominantly residential Single Detached Dwellings but is buffered Page 64 of 80

65 Schedule D to Report DS Zoning By-Law Review and Discussion by the rear yard of a commercial property. To the west is an M1 Industrial One (Light Industry) industrial park. To the north is the Lake View Subdivision. This subdivision is currently under development and is proposed to have 178 Townhouses on a parcel approximately 7 hectares (17 acres) in area, a 0.5 hectare (1.45 acres) commercial parcel and a 0.3 hectare (.9 acre) parcel designated for condominium apartment buildings. As noted above, the setback from the residential neighbourhood to the west is substantial at approximately 45 metres (147 feet) between property lines. When the setbacks of the existing dwellings from Laclie street are taken into consideration, the separation distances between the dwellings and the proposed apartment building range between 78 meters (256 feet) and 113 metres (370 feet). Similarly, the closest existing dwelling to the south benefits from a separation distance between property lines of approximately 39 metres 128 feet). However, as the building is located at the north end of the property, the separation distance between buildings increases considerably to approximately 156 metres (512 feet). Separation distances from the westerly Light Industrial area are approximately 43 metres (141 feet) between property lines at the closes point. As a M1 Light Industrial area, the existing industrial facilities would be considered Class 1 under the Ministry of Environment s (MOE s) D6 compatibility guidelines. The minimum separation distance between a more sensitive land use such as residential development and a Class 1 industrial land use is 20 metres (65 feet). Loss of Existing View Generally new development raises concern from residents as to the potential impact of the new development on their existing views. Neither the Zoning By-law nor Official Plan provide policies with regard to preserving resident s existing views other that the policies related to Viewscapes identified in the Official Plan s Downtown Area designation. The subject property is not within the Downtown Area. It is suggested that the Official Plan is deliberate in this silence as policies that would prohibit any new development that could potentially impede an existing view would essentially sterilize the City from the prospect any new development. It should be noted that a petition was received in July, 2015 with approximately 70 signatures which identify a number of reasons for objecting to this proposal. A primary concern identified from existing residents was the prospect of losing an existing easterly view towards the lake. Page 65 of 80

66 Schedule D to Report DS Zoning By-Law Review and Discussion Figure 2 Surrounding Land Uses Parking and Landscaped Open Space As surface parking consumes a considerable amount of land area, meeting the required parking ratio is often a challenge in new infill development as available land area is finite. Finding a compromise between parking requirements and Landscaped Open Space is generally looked to as a means to achieve the optimum amount of both. This development proposal requests both a parking exception and a Landscaped Open Space exception further to exploring options as to how to achieve efficiencies for both requirements. Parking located under the building has been utilized which provides for 24 weather-protected spaces including 5 accessible spaces. In total, 96 parking spaces have been provided whereas 105 spaces are prescribed by the Zoning By-law. This represents an 8.6 percent reduction in parking spaces. It is important to note that all required accessible parking spaces and visitor parking spaces have been accommodated. The reduction in Landscaped Open space is a result of attempts to find the optimum balance between the two on-site requirements. A reduction in Landscaped Open Space has been requested for 32 percent whereas the Zoning By-law requires 40 percent. This 8 percent reduction represents square meters (1,489 square feet) of Page 66 of 80