CITY OF ORILLIA Public Meeting of Council re Planning Matters Monday, April 11, :30 p.m. Council Chamber, Orillia City Centre A G E N D A

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1 CITY OF ORILLIA Public Meeting of Council re Planning Matters Monday, April 11, :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 Lakowinn Enterprises Ltd Albert Street South Correspondence Development Services Department - re Staff Report DS Application for a Zoning By-law Amendment - Lakowinn Enterprises Ltd Albert Street South. File: C Application #2 a) Presentation by MORGAN Planning and Development Inc. THAT as recommended in the report dated April 5, 2016 from the Development Services Department, the Draft Zoning By-law Amendment for Application No. D (Lakowinn Enterprises Ltd Albert Street South), be presented to Council for its consideration at the next available meeting. Graham Brown Tecumseth Street Correspondence Page 1 of 47

2 Page Development Services Department - re Staff Report DS Application for a Zoning By-law Amendment - Graham Brown Tecumseth Street. File: C THAT as recommended in the report dated March 23, 2016 from the Development Services Department, the Draft Zoning By-law Amendment for Application No. D (Graham Brown Tecumseth Street), be presented to Council for its consideration at the next available meeting. Explanation of Appeal Procedures - Ian Sugden, Director of Development Services Adjournment Page 2 of 47

3 CITY OF ORILLIA TO: Council Public Planning Meeting of April 11, 2016 FROM: Development Services Department DATE: April 5, 2016 REPORT NO: DS SUBJECT: Application for Zoning By-law Amendment Applicant: Lakowinn Enterprises Ltd. Agent: Joshua Morgan, MCIP, RPP Property: 103 Albert Street South File No.: D Recommended Motion THAT the Draft Zoning By-law Amendment for Application No. D (Lakowinn Enterprises Ltd.) be presented to Council for consideration at the next available 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 a Four (4) Unit Multiple Dwelling on the property, subject to site specific performance standards. Background and Key Facts o The subject property is designated Downtown Area Downtown Shoulder in the City s Official Plan and is currently zoned Residential One (R1) under Zoning By-law , as amended. o The subject property was purchased by Lakowinn Enterprises Ltd. in August, o At the time of purchase, the dwelling was being used as a Boarding House that could accommodate up to four (4) tenants. o In accordance with the permitted uses of the R1 Zone, a Building Permit was submitted and approved for a Two (2) Unit Dwelling in December of o Renovations in accordance with Building Permit No are underway and the building is vacant. o The proposed configuration of the Four-Unit Dwelling is as follows: Three 1-bedroom units on the Main Floor One 1-bedroom unit on the Second Floor o No additions to the Dwelling are proposed. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 3 of 47

4 2 o A Zoning By-law Amendment is required in order to zone the property in a manner that will legally permit the proposed Four-Unit Dwelling. o The subject property has 15.2 metres (49.8 feet) of frontage along Albert Street South and a lot area of approximately 790 square meters 8,503.4 square feet). o The immediate neighbourhood consists of a mixture of Single Detached Dwellings, Multiple Unit Dwellings, small scale Apartment Buildings and interspersed commercial uses. o The Zoning By-law requires three (3) parking spaces for a Four (4) Unit Multiple Dwelling within the Downtown Area Designation. o There are four (4) proposed on-site parking spaces with driveway access to Albert Street South. o The City s Site Plan Control By-law requires an owner to enter into an Undertaking (Site Plan) Agreement with the City for the creation of a Multiple Dwelling. o Should Council approve this Zoning By-law Amendment Application, the applicant will be required to post securities and enter into an Undertaking Agreement. o A Building Permit to create the proposed Four-Unit Dwelling cannot be obtained prior to the execution of the Site Plan Agreement. Figure 1: Location Map of Subject Property Source: Mi TOWN GIS Mapping H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 4 of 47

5 3 Figure 2: Street View of Subject Property View of subject property looking southwest from Albert Street South Source: Morgan Planning and Development Inc. View of subject property looking west from Albert Street South Source: Morgan Planning and Development Inc. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 5 of 47

6 4 Figure 3: Aerial View of Subject Property Source: Simcoe County Interactive Mapping (image capture: 2012) Waste Disposal Assessment Area Overlay Holding Zone: o The Subject Property is currently located within the Waste Disposal Assessment Overlay Holding Zone. o Section 15.2 of Zoning By-law requires the removal of the Holding Symbol (H) further to satisfactorily demonstrating that there will be no adverse effects to persons or property from an active or closed Waste Disposal Site. o Since the passage of Zoning By-law , the City has retained Golder Associates to conduct further environmental assessment work within the Waste Disposal Assessment Overlay Zone area in order to more accurately determine the appropriate boundaries and size of the Holding Zone. o Expert soil and groundwater testing has been completed, and a revised map, which substantially reduces the areas of concern, has been produced and has been reviewed by the Ministry of the Environment and Climate Change (MOECC), and is now awaiting approval by the Ministry of Municipal Affairs and Housing (MMAH). o The subject property is located outside of any areas of concern as identified in the revised mapping. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 6 of 47

7 H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx 5 o As a result, no further environmental work on behalf of the applicant is required, prior to the lifting/removal of the Waste Disposal Assessment Area Overlay Holding Zone. o Schedule C of the Official Plan will be amended following the MMAH s decision on the scoped assessment area. o The request to lift the Holding Symbol (H) is concurrent with this Zoning By-law Amendment application. Options & Analysis OPTION 1 THAT the Draft Zoning By-law Amendment for Application No. D (Lakowinn Enterprises Ltd.) be presented to Council for consideration at the next available meeting. This option is recommended as the proposed Zoning By-law Amendment application is considered to be: consistent with the Provincial Policy Statement (PPS) 2014; in conformance with the Growth Plan for the Greater Golden Horseshoe (Growth Plan) 2006, as amended; in conformance with the applicable policies of the City of Orillia Official Plan (August 2013); and, in compliance with the general purpose and intent of the City of Orillia Comprehensive Zoning By-law ; and, A more detailed analysis of how the intent of each of the above-noted planning documents has been met is contained within Schedule C (attached hereto). Schedule D (also attached) is a copy of the Draft Amending Zoning By-law. OPTION 2 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment Application No. D (Lakowinn Enterprises Ltd.) 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 be required. This option is not recommended, but may be deemed appropriate further to comments received at the Public Planning Meeting. OPTION 3 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment Application No. D (Lakowinn Enterprises Ltd.) for reasons to be determined by Council. Page 7 of 47

8 AND THAT another Public Meeting be scheduled. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx 6 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 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 Should the Zoning By-law Amendment Application be approved, the applicant will be required to pay all fees and charges applicable to two (2) new Residential Dwelling Units including Parkland Dedication Fees ($750/unit), Building Permit Fees, Development Charges and an Undertaking (Site Plan) Agreement ($570) plus Securities. It is anticipated that there will also be additional tax revenues generated as a result of the reassessment of the property as a Four-Unit Dwelling. The property is currently assessed as Single Detached Dwelling. 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 Act. The following Departments and agencies have advised that they have no comments or concerns with respect to the application: 1. Development Services Manager of Development 2. Fire Department Fire Prevention Officer 3. Simcoe County District School Board 4. Orillia Power 5. Union Gas No additional comments were received with respect to this application. Comments from Committees The City of Orillia Housing Committee has indicated that the memo dated March 16, 2016 from the Senior Planner regarding an Application for Zoning By-law Amendment 103 Albert Street South be received as information without comment or concern. Communications o A sign outlining the details of the proposed Zoning By-law Amendment was posted on the subject property on March 18, o A Notice of Application was advertised in the City Bulletin City section of the Orillia Packet & Times newspaper on March 17, 2016 and sent via first class mail to all agencies and bodies as prescribed by the Planning Act. o A Notice of Public Meeting was advertised in the City Bulletin section of the Orillia Packet & Times newspaper on March 17, 2016, and sent via first class Page 8 of 47

9 7 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: o Environmental Stewardship Managing Growth and Using Land Wisely o Healthy Communities Enhancing the wellness of the community Promoting a Broad Range of Housing Choices within the Community. Conclusion Staff recommends that the Draft Zoning By-law Amendment for Zoning By-law Amendment Application No. D be presented to Council for consideration at the next available Council meeting (April 25, 2016). Prepared by & Key Contact: Jeff Duggan, MCIP, RPP, Senior Planner Approved by: Ian Sugden, MCIP, RPP, Director of Development Services Schedule A - Site Plan Schedule B - Floor Plans Schedule C - Review of Applicable Legislation and Policies Schedule D - Draft Zoning By-law Amendment to Zoning By-law H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 9 of 47

10 8 Schedule A Site Plan H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 10 of 47

11 9 Schedule B Floor Plans H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 11 of 47

12 H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 12 of 47 10

13 11 Schedule C Review of Applicable Legislation and Policies Provincial Policy Statement, 2014 ( PPS, 2014 ) The PPS, 2014 provides direction on matters related to land use planning and development that are considered to be of Provincial interest. The PPS, 2014 guides decisions on development applications in order to achieve appropriate patters of development and to protect cultural and natural resources. The Planning Act requires that municipal decisions on land use planning matters be consistent with the policies of the PPS, The City of Orillia is identified as a settlement area under provincial policies. The PPS, 2014 promotes such settlement areas to be the focus of growth while providing opportunities for intensification that allow land to be used efficiently, with such uses being serviced by existing infrastructure and facilities. (Policy 1.1.3) Municipalities are encouraged to promote standards of development that enable intensification, redevelopment and compact form. (Policy ) As it relates to this proposed amendment to the City s Zoning By-law, the PPS, 2014 encourages growth within settlement areas in a manner that makes efficient use of land and resources, while optimizing existing public infrastructure and facilities. The PPS, 2014 promotes such growth through intensification and redevelopment, while also encouraging a range of housing types and densities, all of which are to be reliant on existing water and sewage services. The subject property is serviced by the existing municipal water and sewage systems, and the proposed development would result in the increased intensification of the use of the property for residential purposes. The application adheres to and complies with the objectives of the PPS, Growth Plan for the Greater Golden Horseshoe, 2006, as amended (the Growth Plan ) The Growth Plan is established as a long-term plan outlining the Province s vision for building complete communities, and is intended to guide decisions relating to population and employment growth in order to, amongst other objectives, optimize the use of existing and future infrastructure. The Places to Grow Act requires that decisions on this form of development conform with the policies of the Growth Plan. The City of Orillia is identified as a Primary Settlement Area in the Growth Plan. The Growth Plan directs intensification and density targets to be met by promoting development to occur within settlement areas. The application adheres to and complies with the objectives of the Growth Plan. Lake Simcoe Protection Plan (the LSPP ) The subject property is located within the watershed, however, as no new development is proposed, the provisions of the LSPP are not triggered. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 13 of 47

14 12 City of Orillia Official Plan The subject property is designated Downtown Area Downtown Shoulder The Official Plan encourages an array of housing and building types throughout the Downtown Area. It is the intent of the Official Plan that built form be the key determining factor for the types of development permitted in each land use designation. (Section (a)) The intent of the Downtown Area Downtown Shoulder designation is to provide a transition between the more intense uses of the Historic Main Street and the existing or planned development forms in the Stable Neighbourhood and Hospital District designation. It is also the intent of the Official Plan to ensure that new development will be appropriately designed, and will be compatible with existing development within this designation, and with development within abutting designations. (Section (a). Permitted uses within the Downtown Area Downtown Shoulder include: multiple-unit buildings, and townhouses and apartment buildings. (Section (a)(ii)). Subject Property Multiple-unit buildings may include triplexes, fourplexes and other similar buildings that include multiple dwelling units. (Section (a)). Where permitted, multiple-unit buildings and townhouses may be considered on a Local Road provided the development is deemed acceptable to the City. (Section b). Multiple-unit buildings or townhouse developments within the Downtown Area must be compatible with the character of the surrounding community. (Section (c)). The application adheres to and complies with the objectives of the Official Plan. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 14 of 47

15 13 City of Orillia Zoning By-law , as amended The subject property is currently zoned Residential One (R1) under Zoning Bylaw , as amended. Residential One (R1) 103 Albert Street The R1 zoning currently permits a Two (2) Unit Dwelling but does not permit, as of right, a Four (4) Unit Dwelling. The applicant has requested that the zoning of the subject property be amended to Residential One - Exception Seven (R1-7). The Exception to the Residential One Zone is required in order to recognize the site specific Use as a Four Unit Dwelling and to recognize two (2) site specific deficiencies as identified in the Site Plan drawing provided by the applicant. Specifically, the deficiencies are as follows: o Front Yard Setback (3.9 metres existing whereas 6.0 metres is required in an R1 Zone). o Minimum Driveway width (4.2 metres existing whereas 6.0 metres is required for two-way access). The requested exceptions are existing situations of non-compliance and are not the result of the development. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 15 of 47

16 14 The existing 3.9 metre front yard is consistent and compatible with the front yards which predominate the Albert Street South. The 4.2 metre two-way driveway is considered appropriate due to unrestricted visibility into and from the subject property and low traffic volumes on Albert Street South. The conversion from a non-conforming Boarding, Lodging or Rooming House to a legal Four-Unit Dwelling will result in a new Four Unit Dwelling that will comply in all respects with the Fire Code, Building Code and Zoning By-law. Downtown Tomorrow Linking Orillia s Core to the Water The Subject Lands fall within the Elgin Precinct of the Downtown Tomorrow Study Area. The Elgin Precinct should accommodate a broad mix of uses, including institutional, residential, office and convenience commercial. This zoning amendment furthers the Downtown Tomorrow Goal of increasing the residential population Downtown. Public Open House City Policy requires that [for] applications [proposing] large-scale or infill developments, a Public Open House be held. A Public Open House was not held as this application is considered by Development Services Staff to be neither a Large-scale or infill development requiring additional public consultation. H:\PLANNING\C11 Council Reports\REPORTS_2016\RPT_DS_16_15_103 Albert Street South.docx Page 16 of 47

17 BY-LAW NUMBER 2016-XX OF THE CITY OF ORILLIA AMENDMENT NUMBER 30 TO BY-LAW NUMBER , THE ZONING BY-LAW FOR THE CITY OF ORILLIA (LAKOWINN ENTERPRISES LTD. 103 ALBERT STREET SOUTH) 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 property municipally known as 103 Albert Street South; 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 Number , as amended. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ORILLIA HEREBY ENACTS AS FOLLOWS: 1. THAT Map Number 22 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 Residential One (R1) Zone to the Residential One Exception Seven (R1-7) Zone. 2. THAT Section 7.5 Residential Zone Exceptions of By-law Number , as amended, shall be amended by adding the following Zone Exceptions to the end of Table 7.3 Residential One (R1) Zone Exceptions : Column 1 Column 2 Exception Number Exception R1-7 Additional Permitted Uses: Multiple Dwelling containing four Dwelling Units Zone Provisions: Front Yard (min) 3.9 m Driveway Width for Two-Way Access to Parking Area for Residential Use (min) 4.2 m 3. THAT Map Number 22 of Schedule A to By-law Number , and Schedule B to By-law Number be amended by removing the Waste Disposal Assessment Overlay Holding Zone symbol from the property known municipally as 103 Albert Street South. Page 17 of 47

18 4. THAT Section of Zoning By-law Number , Properties Removed from the Waste Disposal Assessment Overlay Zone, shall be amended by adding the following to the end of Table 15.3: Column 1 Column 2 Property Address By-law Removing H 103 Albert Street South 2016-XX 5. 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 this XX day of XX, A. D MAYOR CAO/CITY CLERK Page 18 of 47

19 xx, xx xx Page 19 of 47

20 Page 20 of 47

21 Page 21 of Albert Street South ZBA Application D (Peter Marinakos of Lakowinn Enterprises)

22 Location and Description Property Located on the west side of Albert St. S. between Victoria street and Barrie Road, the property has 15 metres of road frontage and a total lot area of 790 sq.m. The neighbouhood consists of a mixture of single detached dwellings, multiple unit dwellings, apartment buildings and sporadic commercial uses. The proposed multi-unit dwelling is consistent with the existing character of the neighbourhood. Surrounding Uses Page 22 of 47 North: The property is bound to the north by a single dwelling. East: On the east side of Albert St. S. is a multiple unit building and a place of worship. South: The property is bound to the south by a single dwelling. West: The property is bound to the west by a commercial use (J. Wares Aluminium.

23 Page 23 of 47 Property History The property was purchased by Lakowinn Enterprises Ltd. in August At that time the property was a boarding house with 4 individual units. In accordance with the permitted uses of the R1 Zone a building permit application was submitted by the City of Orillia in December 2015 to permit a two-unit residential dwelling. If this ZBA is approved, Lakowinn will submit a subsequent building permit application to convert from a two-unit building to a four-unit building. Purpose of Application The purpose of the application is to rezone the property from the R1 Zone to an R1 Exception Zone to permit a 4 unit dwelling. The application would also recognize an existing 4.2 metre wide driveway and the existing 3.9 metre front yard.

24 City of Orillia Official Plan (2010) The property is within the Downtown Area and designated Downtown Shoulder by Schedule B of the City of Orillia Official Plan. The Downtown Shoulder is a transitionary neighbourhood from the more intense uses of the Historic Main Street to the existing or planned development forms in the Stable Neighbourhood and Hospital District. Page 24 of 47 Multiple-unit buildings, such as the four-unit dwelling proposed on the subject property, are permitted in the Downtown Shoulder designation.

25 WHAT ARE THE TESTS? As the subject property is not currently zoned to permit a multiple-unit building attention must be paid to Official Plan policy (b) when considering a rezoning application. The policy is as follows: All development within the Downtown Shoulder designation shall be compatible with development on adjacent properties and shall be carried out in conformity with the Design Policies for the Downtown Area PLANNING JUSTIFICATION The existing dwelling is a modest two-storey structure that is very similar in form to the adjacent properties. The proposal to convert the dwelling from a multi-unit boarding house to a four-unit dwelling will be achieved through interior renovations. Page 25 of 47 Since purchasing the property Lakowinn Enterprises have made significant upgrades to the building exterior. The building footprint and building height will remain unchanged, therefore the proposed four-unit dwelling will remain compatible with the adjacent properties.

26 Page 26 of 47 The picture below depicts the streetscape of Albert St. S. looking south toward Barrie Road. The subject property is in the foreground, and is clearly compatible with the form, function and aesthetic of the neighbourhood, and therefore meets the test outlined in Official Plan policy (b).

27 Page 27 of 47

28 Request: That Council adopt Option 1 (Recommended Option) as listed in staff report DS and that the proposed zoning by-law amendment to permit a 4-unit dwelling be approved by Council at the next available meeting. THANK YOU Page 28 of 47

29 CITY OF ORILLIA TO: Council Public Planning Meeting of April 11, 2016 FROM: Development Services Department DATE: March 23, 2016 REPORT NO: DS SUBJECT: Application for Zoning By-law Amendment Applicant: Graham Brown Property: 144 Tecumseth Street File No.: D Recommended Motion THAT the Draft Zoning By-law Amendment for Application No. D (Graham Brown) be presented to Council for consideration at the next available 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 a Four (4) Unit Dwelling on the property, subject to site specific performance standards. Background and Key Facts The subject property is designated Living Area Stable Neighbourhood in the City s Official Plan and is currently zoned Residential One (R1) under Zoning By-law , as amended. MPAC records indicate that the house was originally constructed in The property had previously been used as a 7 room boarding house. MPAC currently assesses the property as a Rooming or Boarding House. The current owner, Graham Brown, purchased the property in July of 2011 with the intention of converting it to a Four-Unit Dwelling. The proposed configuration of the Four-Unit Dwelling is as follows: Two 1-bedroom units on the Main Floor One 1-bedroom unit and one bachelor unit on the Second Floor (See Schedule B for conceptual floor plans) A Building Permit was issued by the City in November of 2015 for foundation repairs. The property is currently undergoing major foundation repair and replacement work (refer to Figures 5 and 6), which is required to stabilize the building prior to the proposed conversion to rental units. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 29 of 47

30 2 Figure 1: Location Map of Subject Property Source: Google Street View (image capture: May 2015) Figure 2: Street View of Subject Property (May 2015) View of subject property looking north from Tecumseth Street H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 30 of 47

31 3 Source: Google Street View (image capture: May 2015) Figure 3: Street View of Subject Property View of subject property looking east from Parkview Avenue Source: Simcoe County Interactive Mapping (image capture: 2013) Figure 4: Aerial View of Subject Property H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 31 of 47

32 4 Source: Planning Division Staff Photo taken March 23, 2016 Figure 5: Current Foundation Repair Work View of subject property looking east from Parkview Avenue Source: Planning Division Staff Photo taken March 23, 2016 Figure 6: Current Foundation Repair Work View of subject property looking north from Tecumseth Street H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 32 of 47

33 5 The Residential One Zone does not permit a Four-Unit Dwelling. A Zoning Bylaw Amendment is required to zone the property in a manner that will legally permit the proposed Four-Unit Dwelling. The subject property is a corner lot with 19.5 metres (64.3 feet) of frontage along Tecumseth Street and 30.0 metres (98.5 feet) of frontage along Parkview Avenue. The subject property has a lot area of approximately square meters ( square feet). The Zoning By-law requires six parking spaces to accommodate a Four-Unit Dwelling. The proposed Site Plan (See Schedule A ), demonstrates that the parking requirements can be met utilizing two separate parking areas, one containing two spaces and one containing four spaces. As neither constitutes a Parking Area as defined in the Zoning By-law, the parking spaces are not required to be paved, but must be delineated in some manner, and treated to prevent the raising of dust or loose particles. Four of the proposed parking spaces are proposed to be arranged in Tandem. The Zoning By-law permits Tandem parking spaces only in conjunction with Residential buildings containing three or fewer Dwelling Units. The Tandem parking formation is requested to be approved as a part of the site-specific zoning. Both of the proposed driveway entrances have historically been in use. One of the driveways is located approximately 13.0 m from the travelled portion of Tecumseth Street. The Zoning By-law requires a driveway to be no closer than 15.0 m to the travelled portion of a local road. Although the Zoning By-law contains some discretion in this provision, the deficiency is proposed to be recognized as a part of the site specific zoning. The City s Site Plan Control By-law requires an owner to enter into a Site Plan Agreement with the City for the creation of a Multiple Dwelling. A Site Plan Agreement (Undertaking Agreement) would incorporate provisions and securities to ensure there would be no negative impacts on adjacent properties. A Building Permit to create the proposed Four-Unit Dwelling cannot be obtained prior to Council s approval of the requested Zoning By-law Amendment and the execution of the Undertaking Agreement. Options & Analysis OPTION 1 THAT the Draft Zoning By-law Amendment for Application No. D (Graham Brown) be presented to Council for consideration at the next available meeting. Staff recommends Option 1. If approved, prior to issue of a Building Permit for any further works, staff would have the authority to require the owner to enter into an Undertaking Agreement. An Undertaking Agreement would give the City a mechanism to ensure that the redevelopment of the property moves forward in an appropriate H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 33 of 47

34 6 manner and that the end result is in compliance with the Building Code, the Fire Code and all relevant City By-laws. The Undertaking Agreement would also provide the City with the following opportunities: 1. to establish a deadline date for completion of the works. This would be beneficial since the establishment of a time frame for completion is not an option currently available under the Building Permit; and 2. to require compliance with an engineered Lot Grading and Drainage Plan in order to ensure there are no negative impacts on adjacent properties as a result of the redevelopment. The proposed Zoning By-law Amendment application: is consistent with the Provincial Policy Statement (PPS) 2014; (in particular the provincial direction that municipalities make use of existing infrastructure and encourage intensification on previously developed sites); 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 A more detailed analysis of how the Zoning Amendment application satisfies the intent of each of the above-noted planning documents has been met is contained within Schedule C (attached hereto). Schedule D (also attached) is a copy of the Draft Amending Zoning By-law. OPTION 2 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment Application No. D (Graham Brown) 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 would be requested, but a further public meeting not required. This option is not recommended, but may be deemed appropriate further to comments received at the Public Planning Meeting. OPTION 3 THAT Council defer its decision with respect to Draft Zoning By-law Amendment Application No. D (Graham Brown) 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 H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 34 of 47

35 7 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 Should the Zoning By-law Amendment Application be approved, the applicant will be required to pay all fees and charges applicable to four new Residential Dwelling Units including Parkland Dedication Fees ($750/unit), potentially Development Charges for one unit,building Permit Fees and an Undertaking (Site Plan) Agreement ($570) plus securities. It is anticipated that there will also be additional tax revenues generated as a result of the reassessment of the property as a Four-Unit Dwelling. The property is currently assessed as a Boarding, Lodging or Rooming House. The current extensive foundation repair work has been undertaken by the owner in contemplation of the proposed redevelopment of the property as four rental units. The owner is relying on the future rental income to offset his restoration costs. Should the application for four units not be approved, the maximum number of units that could legally be established would be two. Two units may not be economically feasible for the owner, leaving the possibility of abandonment of the project. 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 Act. Comments were received from the following Departments: 1. Public Works Director of Public Works The proposed tandem parking should be verified as per Zoning compliance. The external sidewalk and roadway should be shown on the plan. The widths of each entrance driveway should be identified. All internal parking spaces should be dimensioned to ascertain their suitability. The driveway sight triangles should be dimensioned. A 1 metre offset from the northern property line to the proposed tandem parking should be identified. The driveway distance of 13 metres from the travelled road should be 15 metres for the new proposed driveway. 2. Manager of Development A detailed lot grading plan prepared by a Consulting Engineer or an Ontario Land Surveyor knowledgeable in such matters is to be submitted and approved by the City prior to issuance of a building permit. Erosion control devices (i.e. silt fence) are also required to be shown on the plan to prevent the migration of fines beyond the property limits. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 35 of 47

36 8 A lot grading deposit of $ per lot will be required and a lot grading processing fee of $ per lot applies. The following Departments and agencies have advised that they have no comments or concerns with respect to the application: 3. Fire Department 4. Environmental Services 5. Simcoe County District School Board Comments from Committees At its meeting held on March 21, 2016, the Housing Committee passed the following motion: THAT the memo dated March 14, 2016 from the Planning Coordinator regarding an Application for Zoning By-law Amendment Tecumseth Street be received as information without comment or concern. Public Comments Glen MacNeill of 139 Laclie Street provided correspondence indicating that he has no objections to the property being rezoned to permit a Four-Unit Dwelling. No additional comments were received with respect to this application. Communications o A sign outlining the details of the proposed Zoning By-law Amendment was posted on the subject property on February 29, o A combined Notice of Application/Notice of Public Meeting was advertised in the City Bulletin City section of the Orillia Packet & Times newspaper on March 17, 2016 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: o Environmental Stewardship Managing Growth and Using Land Wisely o Healthy Communities Enhancing the wellness of the community Promoting a Broad Range of Housing Choices within the Community. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 36 of 47

37 9 Conclusion Staff recommends that the Draft Zoning By-law Amendment for Zoning By-law Amendment Application No. D (Graham Brown) be presented to Council for consideration at the next available Council meeting (April 25, 2016). Prepared by & Key Contact: Approved by: Susan Votour, CPT, ACST, Planning Coordinator Ian Sugden, MCIP, RPP Director of Development Services Schedule A - Site Plan Schedule B - Conceptual Floor Plans Schedule C - Review of Applicable Legislation and Policies Schedule D - Draft Zoning By-law Amendment to Zoning By-law H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 37 of 47

38 10 Schedule A Proposed Site Plan Tree Hedge Parkview Avenue Driveway Driveway Proposed Tandem Parking 3 4 Deck Two Storey House Deck Existing Driveway 13.0 m from edge of travelled road Tree Tecumseth Street H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 38 of 47

39 11 Schedule B Conceptual Floor Plans Main Floor H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 39 of 47

40 12 Schedule B Conceptual Floor Plans Second Floor H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 40 of 47

41 13 Schedule C Review of Applicable Legislation and Policies Provincial Policy Statement, 2014 ( PPS, 2014 ) The PPS, 2014 provides direction on matters related to land use planning and development that are considered to be of Provincial interest. The PPS, 2014 guides decisions on development applications in order to achieve appropriate patterns of development and to protect cultural and natural resources. The Planning Act requires that municipal decisions on land use planning matters be consistent with the policies of the PPS, The City of Orillia is identified as a settlement area under provincial policies. The PPS, 2014 promotes such settlement areas to be the focus of growth while providing opportunities for intensification that allow land to be used efficiently, with such uses being serviced by existing infrastructure and facilities. (Policy 1.1.3) Municipalities are encouraged to promote standards of development that enable intensification, redevelopment and compact form. (Policy ) As it relates to this proposed amendment to the City s Zoning By-law, the PPS, 2014 encourages growth within settlement areas in a manner that makes efficient use of land and resources, while optimizing existing public infrastructure and facilities. The PPS, 2014 promotes such growth through intensification and redevelopment, while also encouraging a range of housing types and densities, all of which are to be reliant on existing water and sewage services. The subject property is serviced by the existing municipal water and sewage systems, and the proposed development would result in the increased intensification of the use of the property for residential purposes. The application is consistent with the policies, goals and objectives of the PPS, Growth Plan for the Greater Golden Horseshoe, 2006, as amended (the Growth Plan ) The Growth Plan is established as a long-term plan outlining the Province s vision for building complete communities, and is intended to guide decisions relating to population and employment growth in order to, amongst other objectives, optimize the use of existing and future 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), and to include population and employment forecasts through to the year 2014, in addition to other refinements (2013 consolidation). The Growth Plan directs intensification and density targets to be met by promoting development within settlement areas. The Growth Plan requires that at least 40% of all new residential growth in the Greater Golden Horseshoe is to be through intensification within the Built-up Areas by 2015 and annually thereafter. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 41 of 47

42 14 The application conforms to the objectives of the Growth Plan and will aid the City of Orillia in meeting its infill/intensification target. Lake Simcoe Protection Plan (the LSPP ) The subject property is not located within the Lake Simcoe watershed. City of Orillia Official Plan The subject property is designated Living Area Stable Neighbourhood The objectives of the Living Area designation include: to protect and enhance the character and identity of existing residential neighbourhoods ; to promote higher density ; to encourage and facilitate the production of an appropriate range of housing forms and tenures ; and to ensure that new development is compatible with the character of the adjacent buildings. (Section 3.3.2). Permitted uses within the Living Area Stable Neighbourhood Designation include: multiple-unit buildings and townhouses (Policy a) ii)). Multiple-unit buildings may include triplexes, fourplexes and other similar buildings that include multiple dwelling units. (Section a). Where permitted, multiple-unit buildings and townhouses may be considered on a Local Road provided the development is deemed acceptable to the City. (Section b). H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 42 of 47

43 15 Multiple-unit buildings are permitted in the Stable Neighbourhood designation subject to achieving the following criteria to the satisfaction of the City: o The development shall respect the existing character of the surrounding neighbourhood through compatible and complimentary building siting, massing, height and scale (Policy c) i)). o The exterior design of the building including materials, colours, architectural detail, landscaping and streetscaping elements are compatible with the proposal s immediate neighbours (Policy c) ii)). o The development shall be subject to Site Plan Control. (Policy c) iii)). o The existing building is considered compatible and complimentary to the surrounding neighbourhood. o The applicant will be required to post securities and enter into an Undertaking (Site Plan) Agreement with the City in order to complete the required Parking Area in accordance with the Site Plan submitted. The application conforms to the intent and policies of the City s Official Plan. City of Orillia Zoning By-law , as amended The subject property is currently zoned Residential One (R1) under Zoning Bylaw , as amended. The permitted uses in the Residential One Zone do not include Four-Unit Dwelling and therefore a site-specific zone is proposed to be created to add Four-Unit Dwelling as an additional permitted use on this property. A portion of the property is subject to the Wellhead Protection Overlay Zone. No prohibited uses as set out in Section 15.3 of the Zoning By-law are proposed for the subject property. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 43 of 47

44 16 The proposed site-specific zoning for the property would recognize the following existing deficiency which does not comply with the current zone requirements: o Setback of 13.0 metres for the existing driveway from the travelled portion of a local road (Tecumseth Street) (The Zoning By-law requirement is 15.0 metres) An additional site-specific exception being requested is that four of the proposed parking spaces be arranged in tandem; whereas the Zoning By-law does not permit tandem arrangement of parking spaces for residential buildings containing more than three (3) Dwelling Units. The property complies with the provisions of the Zoning By-law in all other respects. Public Open House City Policy requires that [for] applications [proposing] large-scale or infill developments, a Public Open House be held. A Public Open House was not held as this application is considered by Development Services Staff to be neither a Large-scale or infill development requiring additional public consultation. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 44 of 47

45 SCHEDULE D BY-LAW NUMBER 2016-xx OF THE CITY OF ORILLIA AMENDMENT NUMBER xx TO BY-LAW NUMBER , THE ZONING BY- LAW FOR THE CITY OF ORILLIA (144 TECUMSETH STREET) WHEREAS the Council of the Corporation of the City of Orillia may pass by-laws pursuant to Section 34 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 known municipally as 144 Tecumseth Street; AND WHEREAS the Council of the Corporation of the City of Orillia deems the said application to be in conformity with the Official Plan of the City of Orillia, as amended, and deems it advisable to amend By-law , as amended. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ORILLIA HEREBY ENACTS AS FOLLOWS: 1. THAT Map Number 14 of Schedule A to By-law Number , as amended, is hereby further amended by rezoning the lands identified on Schedule A-1 attached from the Residential One (R1) Zone to the Residential One Exception Six (R1-6) Zone. 2. THAT Section 7.5 Residential Zone Exceptions of By-law Number , as amended, shall be amended by adding the following Zone Exception to the end of Table 7.3 Residential One (R1) Zone Exceptions : Column 1 Column 2 Proposed Exception Number R1-6 Additional Permitted Uses: Dwelling, Four-Unit Zone Provisions: Location of Driveway on corner lot no closer than 13.0 m to the edge of the travelled portion of a local Road Four (4) of the required Six (6) Parking Spaces may be arranged in a tandem configuration 3. THAT Schedule A-1 attached forms part of this By-law. 4. 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. H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 45 of 47

46 SCHEDULE D BY-LAW read a first, second and third time and finally passed on this day of A. D MAYOR CAO/CLERK H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 46 of 47

47 SCHEDULE D H:\PLANNING\D14 Zoning\2016\D Brown_144 Tecumseth Street\Report\RPT_DS_16_ Tecumseth Street Rezoning.docx Page 47 of 47