3. PROPOSED AMENDMENT TO ZONING BY-LAW NO , AS AMENDED FOR ALCONA DOWNS EXEMPTION PRIVATE GARAGE WIDTHS

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1 TOWN OF INNISFIL PUBLIC MEETING AGENDA WEDNESDAY, FEBRUARY 19, :30 P.M. PRIVACY STATEMENT Please note that personal information is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of your request to express your comments, to be notified of future meetings and is considered public information. Questions regarding this collection should be directed to the Planning Department, Town of Innisfil, 2101 Innisfil Beach Road, Innisfil, Ontario, L9S 1A1, (705) CALL TO ORDER 2. DISCLOSURE OF INTEREST AND NOTICE THEREOF 3. PROPOSED AMENDMENT TO ZONING BY-LAW NO , AS AMENDED FOR ALCONA DOWNS EXEMPTION PRIVATE GARAGE WIDTHS A. Opening Statement by Mayor B. Statement of Public Notice (B.1) Notice of Public Meeting dated January 30, C. Statement of Correspondence Received by the Town [None received.] D. Presentation(s) by: D.1 Tim Cane, Manager of Land Use Planning (DSR ) E. Speakers from the Public (Questions of Clarification and/or Comments in Support or Opposition) F. Questions from Council

2 February 19, 2014 Public Meeting Agenda Town of Innisfil Page 2 of 2 4. PROPOSED AMENDMENT TO ZONING BY-LAW NO , AS AMENDED REVISED DRAFT PLAN OF SUBDIVISION CHURCHILL DOWNS PART NORTH HALF LOT 15, CONCESSION 3 A. Opening Statement by Mayor B. Statement of Public Notice B.1 Notice of Receipt of an Application and Notice of Public Meeting for Revised Draft Plan of Subdivision Churchill Downs dated January 30, 2014 C. Statement of Correspondence Received by the Town C.1 Innisfil Hydro dated January 14, 2014 advising they have no objections. C.2 Simcoe County District School Board dated February 4, 2014 advising they have no objections. Elementary students will attend Innisfil Central Public School and Secondary students will attend Nantyr Shores Secondary School. They have requested conditions relating to schools and busses be included in the offers of purchase and sale. C.3 Keith D. Sinclair dated February 18, 2014 advising they do not object to the proposal however have two concerns they wish staff to address regarding a turn lane on the east side of County Road 4 and notification to potential property owner relating to their Livestock Protection Dogs. C.4 InfoPlan Research dated February 18, 2014 on behalf of Top Hill View Estates advising they object to the proposed revised draft plan as it relates to the reconfiguration of Broderick Way as this will significantly impact on the development of their client s lands. D. Presentation(s) by: D.1 Steven Montgomery, Senior Planner (DSR ) D.2 Nicola Mitchinson of Mitchinson Planning & Development Consulting Inc. E. Speakers from the Public (Questions of Clarification and/or Comments in Support or Opposition) F. Questions from Council 5. ADJOURNMENT Circulated on February 18, 2014

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5 TOWN OF INNISFIL STAFF REPORT STAFF REPORT NO: DSR DATE: February 19, 2014 TO: Mayor, Deputy Mayor and Members of Council FROM: Tim Cane, Manager of Land Use Planning SUBJECT: Alcona Downs Exemption Private Garage Widths CROSS REFERENCE: DSR , DSR , DSR , DSR , DSR RECOMMENDATION: That By-law No be approved to amend Comprehensive Zoning By-law No as amended for the purposes of establishing maximum private garage widths for the Alcona Downs development on the basis that no concerns were raised by the public or members of Council at the Statutory Public Meeting. 1.0 BACKGROUND Council adopted Comprehensive Zoning By-law in July There are a number of provisions contained within By-law which were not in the Town s previous comprehensive Zoning By-law Projects that may have been designed under the previous by-law are now seeking the issuance of building permits based on the new zoning bylaw, however, as a result of the changes proposed through By-law , various issues have been brought forward. The Alcona Downs development was designed to allow a maximum interior width for a private garage of 5.5 metres. Section b) of By-law , which applies to this development, only allows for a maximum width for a private garage of 5.0 metres. The development is now at the stage where units are being built and sited and they cannot comply with the aforementioned specific provision of By-law Due to staff oversight, this correction was not captured in the previous two housekeeping amendments. Staff have proposed the statutory public meeting and consideration of the amending By-law xxx- 14 on the same evening due to the administrative nature of the proposed changes and the need to make certain corrections in a timely manner. Staff understand that if concerns are expressed by the community or Council regarding the changes at the public meeting, that those concerns will be addressed through an amended staff report and by-law to be considered at a future Council meeting. /

6 Staff Report DSR February 19, 2014 Alcona Downs Garage Width Exemption Comprehensive Zoning By-Law Page 2 of ANALYSIS & CONSIDERATION This amendment would allow the Alcona Downs development to continue based on design parameters established under the Town s previous comprehensive Zoning By-law , specifically allowing maximum widths for private garages of 5.5 metres. While there is desire by staff to realize the improvements proposed by By-law sooner rather than later, this must be balanced with what is fair and equitable for those developments already underway which have made commitments to certain home designs. The changes are minor and administrative in nature and are considered consistent with applicable Provincial Policy, the County Official Plan, and with the Town s Official Plan. This is reflected by the absence of public and agency comments as a result of the proposed changes being circulated. 4.0 OPTIONS & ALTERNATIVES Council has the option of requesting Staff to do the following: 1. Request revisions be made to the proposed amending Zoning By-law Deferring this by-law is not recommended by staff due to potential delays that would have a negative impact on existing development. 5.0 FINANCIAL CONSIDERATIONS Staff time has been incurred in the preparation of this amendment. No external consulting has been required. Deferral of the proposed by-law would impact the issuance of building permits and have an economic development impact on the Town. 6.0 CONCLUSION Comprehensive Zoning By-law is a key document for providing guidance to community development and the day-to-day operation of the planning department. Amendments, such as By-law , represent an opportunity to more accurately reflect previous site specific zoning by-laws. PREPARED BY: Michael Eckstein, ACST Zoning Administrator PREPARED AND APPROVED FOR SUBMISSION BY: Tim Cane, M.E.S., RPP Manager of Land Use Planning Attachments: 1. Draft By-law

7 THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO A By-law of The Corporation of the Town of Innisfil to amend Zoning By-law No as amended by exempting Plan 51M-985 from the provisions of Section b) which limits the maximum interior width of a private garage to 5.0 metres. WHEREAS the Council of The Corporation of the Town of Innisfil deems it desirable to amend By-law to exempt Plan 51M-985 from the provisions of Section b), which limits the maximum interior width of a private garage to 5.0 metres; AND WHEREAS authority to pass this By-law is provided pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended. NOW THEREFORE the Council of The Corporation of the Town of Innisfil enacts as follows: 1. Section 3.16, Garages and Driveways, is hereby amended by adding the following after Section : Notwithstanding any other provisions of this By-law to the contrary, the provisions of Section b) shall not apply to Registered Plan of Subdivision 51M This By-law shall come into force, and take effect on the day it is passed subject to the appeal provisions set out in Section 34 of the Planning Act, R.S.O. 1990, c.p. 13, as amended. PASSED THIS 19th DAY OF FEBUARY, Barbara Baguley, Mayor Karen Fraser, Acting Clerk

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12 2073 Commerce Park Drive Innisfil ON L9S 4A2 (S/E Corner Hwy 400 & Innisfil Beach Road) Tel (705) Fax (705) Tel (705) Toll Free From 775 Exchange BY January 14, 2014 County of Simcoe 1110 Highway 26 Midhurst, Ontario L0L 1X0 Attention: Dan Kingsbury, Planner II Dear Sir: Re: Churchill Downs, Subdivision File No.: I-T Pt. North Half Lot 15, Concession 3, Town of Innisfil Revised Draft Plan of Subdivision We have reviewed the proposed draft plan of subdivision regarding the above noted and have no objections. Should you require any further information regarding the above noted please feel free to contact the undersigned. Yours Truly, Tony Mendicino per JB Tony Mendicino, C.E.T Engineering Technologist :jb c: Churchill Downs Subdivision K. Fraser, Town of Innisfil Doc: J/T/Plan of Subdivision Stnd.Reply

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16 InfoPlan Research 144 Marita Place Vaughan, Ontario, L4K 3J9 TEL: CELL: February 18, 2014 Ms. Karen Fraser Acting Clerk, Council of ed to: the Town of Innisfil Karen Fraser 2101 Innisfil Beach Rd. David Parks Innisfil, Ontario L9S 1A1 Dear Ms. Fraser: RE: Letter of Objection to the proposed development by the Applicant- Revised Draft Plan of Subdivision CHURCHILL DOWNS File # (l-t-90013) in the Town of Innisfil. With respect to the upcoming Public Hearing scheduled for February 19, 2014 for the above noted matter, and on behalf of our client, Top Hill View Estates Inc, owners of the property immediately abutting the subject site on the west side, please be advised that we objects to the proposed revised draft plan (i.e. l-t-90013) under the Planning Act. In reviewing the proposed revised development (as indicated in the materials provided in the Notice of Public Meeting) and in discussing the matter with our client, our concern is not with the proposed land use, the number of lots or the lot sizes but rather with the reconfiguration of the proposed road identified as Broderick Way. Whereas our client was in agreement with the original draft plan approved in October 2009, (which showed this road extending all the way to the plan s easterly boundary) the current revised draft plan seeking approval shows a realignment of this road ending with a turning circle well within the property limits of the subject lands. The realignment of Broderick Way (i.e. the most southerly road on the plan) raises serious concerns and in our opinion could significantly impact on the development potential of our client s lands. Our client objects to the revised road layout for Broderick Way because under this new configuration it essentially eliminates any opportunity of access to Yonge Street from our client s lands through the extension of Broderick Way. The impact to our client s property is that: 1. It will restrict access to our client s lands to only the 4 th Line thereby restricting the development potential of these lands; and

17 2. It will eliminate the potential for a 2 nd access point onto a major arterial road (i.e, Yonge St.) through a road linkage with Broderick Way. With this application before the Town of Innisfil, and the County of Simcoe, now would be the appropriate time to resolve this matter. The consequences of the proposed road re-configuration of Broderick Way to the future potential development of our client s lands cannot be understated. The fact that it could impact on the future development potential on our client s lands warrants an objection. We would suggest the extension of Broderick Way to the subject lands westerly boundary as originally approved in the 2009 draft plan. Should that occur our client would no longer have any objections We trust that this letter is clear in outlining the issues and that by way of this letter submitted (i.e. sent by ) prior to the Public Hearing the requirements under the Planning Act for lodging a formal objection have been undertaken. Should you have any questions please do not hesitate to call the undersigned. Sincerely, InfoPlan Al Ruggero Al Ruggero, MCIP, RPP, OLE cc. David Parks, Director of Planning Development & Tourism, County of Simcoe Top Hill View Estates Inc

18 STAFF REPORT NO: TOWN OF INNISFIL STAFF REPORT DSR DATE: February 19, 2014 TO: FROM: Mayor, Deputy Mayor and Members of Council Tim Cane, Manager of Land Use Planning SUBJECT: Redline Revised Draft Plan of Subdivision I-T Churchill Downs Public Meeting Report CROSS REF.: PDS , PDS , DSR , DSR , DSR RECOMMENDATION: That Report DSR be received for information. BACKGROUND: Mitchinson Planning & Development Consultants Inc., on behalf of Ontario Limited, the owner and developer of the subject lands, has submitted a redline revised plan of subdivision application to the County of Simcoe and Town of Innisfil for lands legally described as Part North Half Lot 15, Concession 3, in the Town of Innsifil. The purpose of this report and Public Meeting is to obtain public input on the proposed redline revised draft plan prior to any adoption or approval of the plan by the Town of Innisfil and County of Simcoe The subject lands are located west of Yonge Street (County Road 4) and south of Killarney Beach Road, immediately to the south of the existing built-up area of the community of Churchill. The majority of the lands are located within the settlement area boundary of Churchill in the Town Official Plan, with the exception of the southernmost portion, which is designated Natural Environmental Area and is not proposed to be developed. The total area of the subject lands is approximately ha. A key map showing the location of the subject lands is Attachment 1. The owner intends to develop a 21 lot single-detached estate residential subdivision on the subject lands. The original application, which proposed 20 lots with connected internal roads, was subsequently redesigned based on issues following a detailed evaluation of site grading, hydrogeology and tree preservation. The current draft approved design requires a substantial re-grading of the site and more significant tree removal when compared with the proposed redline plan. The original application for a residential plan of subdivision on the subject lands was filed with the Ministry of Municipal Affairs and Housing in January of 1990 by Patrician Homes. In June of 2006, Mitchinson Planning & Development Consultants Inc., on behalf of Patrician Homes, /

19 Staff Report DSR February 19, 2014 Churchill Downs Revised Plan of Subdivision I-T Page 2 of 6 submitted a revised Draft Plan of Subdivision application to the Town of Innisfil and County of Simcoe serviced by municipal well and private individual septic systems. Subsequently, in March of 2007, a revised 20-lot Draft Plan of Subdivision was submitted to the Town and County. Further revisions to the Draft Plan were also made due to a tree preservation study that was prepared for the site. A Public Information Meeting and Public Meeting was held in May of 2008 respecting the proposed 20 lot subdivision and associated zoning by-law amendment. The Draft Plan was subsequently Draft Approved by the County of Simcoe in October of 2009, subject to a number of Draft Approval Conditions. The current approved Draft Plan is Attachment 2 to this report. Approved Draft Plan conditions are Attachment 3. In support of the current Draft Approved plan of subdivision, the following studies were submitted: Stormwater Management Report, July 2006 Traffic Impact Study, July 2006 Nitrate Impact Study, November 2006 Geotechnical Investigation, March 2007 Detailed Engineering Drawings, March 2007 Since Draft Plan Approval in 2009, a Stage 1-2 Archaeological Study has been completed, the subject lands have been rezoned (By-law No ), a Traffic Impact Noise Study has been approved, street names have been approved, and two detailed engineering submissions have been provided for review to the Town, which included a stormwater management / erosion control plan, tree preservation plan and landscape plan. In support of the redline revised plan of subdivision, the applicant has submitted the following reports/studies: A Functional Servicing Report, prepared by CMG Engineering, dated October 2013; A Reasonable Use Policy Assessment, prepared by Azimuth Environmental Consulting Inc., dated October 2013; A planning brief, prepared by Mitchinson Planning & Development Consultants Inc., dated November 6, Notice for this Public Meeting was provided to agencies and to all landowners within 120m of the subject lands, in accordance with the Ontario Regulations. Signage was posted on the property, and notice was provided in the newspaper and on the website. ANALYSIS/CONSIDERATION: Details of the Plan of Subdivision A copy of the existing Draft Approved Plan of Subdivision is Attachment 2, and a copy of the proposed redline revised Draft Plan of Subdivision is Attachment 4 The following table provides a description of proposed land uses within the subdivision application.

20 Staff Report DSR February 19, 2014 Churchill Downs Revised Plan of Subdivision I-T Page 3 of 6 LAND USE COMPARISON CHURCHILL DOWNS (REDLINED PLAN) EXISTING PLAN PROPOSED REDLINE PLAN LAND USE AREA NO. OF UNITS/BLOCKS PROPOSED AREA PROPOSED NO. OF UNITS/BLOCKS Single-detached 7.42 ha 20 units 7.82 ha 21 units residential Stormwater 3.23 ha 1 block 3.25 ha 1 block management pond Stormwater 0.14 ha 1 block n/a n/a management pond access Servicing n/a n/a 0.16 ha 1 block County road widening 0.05 ha 1 block 0.05 ha 1 block Potential Right-of-way 0.02 ha 1 block 0.16 ha 1 block 0.3m reserves 0.01 ha 3 blocks ha 4 blocks Streets 1.37 ha 2 streets 0.78 ha 2 streets Total ha 20 units/ 7 blocks/2 streets ha 21 units/8 blocks/2 streets In summary, the proposed redline revised draft plan proposes one (1) additional singledetached lot, with two (2) independent cul-de-sacs connected by a servicing block. The proposed stormwater management pond access is now internal to the subdivision as opposed to flanking County Road 4, at the County of Simcoe s request. One additional lot was added to the subdivision because of the reduced area required for proposed streets, and less required re-grading, based on the new design. The Reasonable Use Policy Assessment report provided in support of the redline revisions states that the subject lands can support an additional lot. The proposed servicing block (Block 25 on the redlined plan), is intended to provide required municipal infrastructure connections between the two proposed cul-de-sacs including land for overland stormwater flows. It may be developed as a walkway block if it is determined it can meet Town standards in terms of accessibility and grading at the detailed design stage. The redesigned subdivision would reduce the amount of tree removal required on site because of less required re-grading. The individual cul-de-sac design is considered an improvement from the current layout with connects the internal streets, because of the slope of the lands and re-grading required to achieve this road connection. Inspiring Innisfil 2020 Inspiring Innisfil speaks to the importance of protecting the Nottawasaga River watershed for its ecological and heritage benefits, and the importance of economic development through infrastructure investment. The proposed redline revised subdivision supports the expansion of Churchill within its approved settlement boundary, and would provide external improvements to Allan Street, which abuts the subdivision to the west. The redline revised plan would require less tree removal, and has been designed in consultation with the Nottawasaga Valley

21 Staff Report DSR February 19, 2014 Churchill Downs Revised Plan of Subdivision I-T Page 4 of 6 Conservation Authority (NVCA) with an agreed to limit of construction, to maintain natural environmental areas to the south of the subject lands. Provincial Policy Statement, 2005 This Application predates the 2005 Provincial Policy Statement, but has regard for many of the policies of earlier Provincial Policy Statements, in that it directs growth inside of an existing settlement area, on residentially designated lands, while maintaining the scale and character of the surrounding neighbourhood through the layout of its lot fabric. While the density of the proposal is relatively low, the current 20 lot proposal has been intensified to 21 lots and is proposed on partial services, which necessitates larger lots. Places to Grow Provincial Growth Plan This Application predates the June 16, 2006 Growth Plan legislation and thus is not required to conform to the Growth Plan. Nevertheless, the proposed redlined plan of subdivision supports the Growth Plan policy of directing growth to settlement areas (Section 2.2.2) and protecting natural systems by maintaining appropriate development setbacks from natural environmental areas (Section 4.2.1). The density of development is limited by available servicing, however the proposed density meets Town Official Plan density policies for the area. County Official Plan The subject lands are designated Settlement in the County of Simcoe Official Plan (Schedule 5.1). The proposed subdivision would conform to the provisions of the County of Simcoe Official Plan. Official Plan Conformity With respect to the Town Official Plan, the subject lands are primarily designated Village Residential Area on Schedule B8. A portion of the subject lands are also designated Natural Environmental Area on Schedule B1, but this area is outside of the settlement area boundary of Churchill Downs and is not proposed to be developed, but to be retained in its natural state and dedicated to the municipality as the southernmost portion of the stormwater management block. The subdivision proposes single-detached residential lots on partial services, which is in keeping with the uses permitted in the Village Residential Area designation (Section ), and is also consistent with the scale and character of the existing community. The proposed net residential density (approximately 2.4 units per net hectare) is in keeping with the lot density of the Village Residential Area (between 1 and 2.5 units per net hectare) (Section ). The lands are also located within the Flood and Fill Regulated Area of the Nottawasaga Valley Conservation Authority (NVCA). The NVCA continues to review the subdivision in the context of their requirements. Zoning By-law Conformity The subject lands were rezoned from Future Development (FD) Zone to Residential Serviced (R1S) Zone and Open Space (OS) Zone to permit the current Draft Approved Subdivision in April of 2011, through By-law No The Town of Innisfil Zoning By-law No currently zones the subject lands R1 Zone and OS Zone, which reflects By-law No No rezoning would be required for the proposed redline revision because the proposed lots comply

22 Staff Report DSR February 19, 2014 Churchill Downs Revised Plan of Subdivision I-T Page 5 of 6 to the minimum lot area and lot frontage requirements of the By-law (1400m2 and 17m respectively), and the layout of the subdivision conforms to the existing zone boundaries. Section 51 (24) of the Planning Act Regard shall be had in evaluating plan of subdivision applications to Section 51 (24) of the Planning Act. The proposed subdivision conforms to the Town and County Official Plans and has been reviewed with respect to the Provincial Policy Statement and Provincial Growth Plan. It has been redesigned in order to reduce site grading and provide more tree preservation, and to meet the requirements of the NVCA. The subdivision has also been redesigned with respect to an evaluation the proposed and existing internal and external road system, and conformity to adjacent plans of subdivision. Staff will continue to review the application with respect Section 51(24). Additional Considerations The two internal streets are currently named Pemberton Drive and Broderick Boulevard (Staff Report DSR ). The suffix of the proposed internal streets would have to be renamed by resolution of Council to Court or Garden, to conform to the Town Street Naming Policy. Comments Received The following agency comments have been received on the proposed Churchill Downs redline revised draft plan of subdivision as of the writing of this report: Innisfil Hydro January 14, No objections. Simcoe County District School Board February 4, No objections. conditions. Standard Comments received are Attachment 5. OPTIONS/ALTERNATIVES: This report is for information purposes. Options and alternatives will be provided by staff at the time of Council consideration. FINANCIAL CONSIDERATION: As all costs incurred by the Town are recovered from the Applicant resulting in no net financial impact to the Municipality. CONCLUSION: This Report is being submitted for information purposes only. A subsequent report will be provided at a later date reviewing the comments received and providing recommendations as to whether the proposed draft plan of subdivision should be recommended for approval. Redline revisions are to be adopted by Council prior to approval by the County of Simcoe.

23 Staff Report DSR February 19, 2014 Churchill Downs Revised Plan of Subdivision I-T Page 6 of 6 PREPARED BY: Steven Montgomery, BURPl. (Hons.), MCIP, RPP Senior Planner REVIEWED AND APPROVED FOR SUBMISSION BY: Tim Cane, M.E.S., RPP Manager of Land Use Planning Attachments: 1. Key Map 2. Current Draft Approved Plan 3. Current Draft Approval Conditions 4. Proposed Redline Revised Plan 5. Agency Comments

24 Key Map - Churchill Downs Draft Plan of Subdivision I-T Cairns Gate Valley View Dr. Killarney Beach Rd. Sloan Circle Dr. 4th Line SUBJECT LANDS John St. Allan St. / Yonge St. SUBJECT LANDS

25 Staff Report DSR attachment 2

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