3. PROPOSED AMENDMENT TO THE TOWN OF INNISFIL'S OFFICIAL PLAN AND SITE PLAN CONTROL BY-LAW (Site Plan Control for Lake Simcoe Shoreline Areas)

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1 TOWN OF INNISFIL PUBLIC MEETING AGENDA WEDNESDAY, SEPTEMBER 2, :00 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 3. PROPOSED AMENDMENT TO THE TOWN OF INNISFIL'S OFFICIAL PLAN AND SITE PLAN CONTROL BY-LAW (Site Plan Control for Lake Simcoe Shoreline Areas) A. Opening Statement by the Mayor B. Statement of Public Notice (B.1) Notice of Public Meeting dated August 5, 2015 C. Statement of Correspondence Received by the Town 1. Lake Simcoe Region Conservation Authority (LSRCA) dated August 28, 2015 advising they support the Town in its efforts to establish Site Plan Control for shoreline areas and the immediate adoption of this Official Plan Amendment in order to help protect Lake Simcoe through appropriate development control. 2. Jones Consulting Group Ltd, dated September 2, 2015 on behalf of D.D. Innisfil Land Ltd., Part of Lots 21 & 22, Concession 13 advising they oppose the adoption of the proposed Official Plan Amendment and Site Plan Control By-law. D. Presentation(s) by: (D.1) Tim Cane, Manager of Land Use Planning (Staff Report DSR ) Refer to Item E.1 on the Council Agenda for September 2, E. Speakers from the Public (Questions of Clarification and/or Comments in Support or Opposition)

2 September 2, 2015 Town of Innisfil Planning Public Meeting Agenda F. Questions from Council 4. ADJOURNMENT

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4 Lake Simcoe Region conservation authority A Watershed for Life August 28, 2015 Tim Cane, MCIP, RPP Town of lnnisfil lnnisfil, Ontario L98 1A1 *By only* Dear Mr. Cane: Subject: Official Plan Amendment Site Plan Control for Lake Simcoe Shoreline Areas Town of lnnisfil, County of Simcoe The Lake Simcoe Region Conservation Authority (LSRCA) has received your Notice of Public Meeting with regard to a proposed Amendment to the Official Plan (OP). We understand that the purpose and effect of this Amendment willupdate the Site Plan Control section of the OP by identifying all shoreline residential areas in the Town as a Site Plan Control Area in accordance with Section 41 of the Planning Act. The Site Plan Control By-Law willalso be changed in order to adequately implement the purpose and intent of the Official Plan Amendment. The LSRCA has reviewed the proposed Amendment to the Official Plan in the context of the Provincial Policy Statement, Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Given the proposed Amendment will help implement provincial policy and Regulations related to the protection of Lake Simcoe, we support the Town in its effort to establish Site Plan Control for shoreline areas. In particular, the establishment of Site Plan Control for the Lake Simcoe shoreline will: Ensure that development willoccur in a comprehensive and integrated manner Help protect key natural heritage and hydrologic features Provide a means to maintain vegetation protection zones along Lake Simcoe Allow for the establishment of Site Plan Agreements to be registered on title Act as an interim means of development control prior to the establishment of a Shoreline Management Plan and associated Development Permit System Augment other development controls including Ontario Regulation 179/06. In summary, we support the Town in the immediate adoption of this Official Plan Amendment in order to help protect Lake Simcoe through appropriate development control. Copy: Town f lnnisfil, Paul Pentikainen LSRCA, Lisa BethBulford, Taylor Stevenson, Rob Baldwin 120 Bayview Parkway, Box 282 Tel: Web: Newmarket, Ontario L3Y 4X1 Fax: E Mail:Info@LSRCA.on.ca Proud winner of the International Thiess Riverprize l Member of Conservation Ontario

5 September 2, 2015 Via Ms. Karen Fraser Deputy Clerk Town of Innisfil 2101 Innisfil Beach Road Innisfil, ON, L9S 1A1 Dear Ms. Fraser: Re: Site Plan Control for Lake Simcoe Shoreline Areas Draft OPA No. 16 (099-15) & Draft Site Plan Control By-law Comments on behalf of D.D. Innisfil Land Ltd., Part of Lots 21 & 22, Concession 13 Town File: D Our File: Dri We are writing on behalf of D.D. Innisfil Land Ltd., (hereafter referred to as D.D. Innisfil) to provide comments on the Town s proposal to enact site plan control for Lake Simcoe shoreline areas. Background D.D. Innisfil owns a 9.98 hectare shoreline property in the Town with frontage on Fairview Road, which is a municipal road, and Robinson Place, which is a private road. Following preconsultation with the Town s Planning Department and the Lake Simcoe Region Conservation Authority, an application for Zoning By-law Amendment was submitted in January of this year. That application was deemed complete by Town Planning Staff under the Planning Act on March 10, In July 2015, D.D. Innisfil submitted an application for a building permit to construct a single detached dwelling and access road. The Building Department has indicated that they will not issue a building permit prior to the Planning Department s approval of the zoning review. The Planning Department has indicated that the zoning review will not be completed while Interim Control By-law is in effect. We note that Interim Control By-law is not yet in effect because D.D. Innisfil has appealed the By-law to the Ontario Municipal Board. Proposed Site Plan Control for Lake Simcoe Shoreline Areas D.D. Innisfil opposes to the adoption of the proposed Official Plan Amendment and Site Plan Control By-law on the following grounds: 1. The Official Plan Amendment and Site Plan Control By-law should not apply to the construction of a single detached dwelling and accessory structures. In our opinion, this is an unnecessary level of control for a form of development that is located throughout the shoreline areas of the Town. 2. The Official Plan Amendment and Site Plan Control By-law should exempt any property where a building permit for a principal residence has been submitted. 3. The Official Plan Amendment and Site Plan Control By-law appear not to recognize that Section 6.45-DP b. of the Lake Simcoe Protection Plan permits the construction of a building on an existing lot of record. The full text of Section b. is provided below: Head Office: Barrie 229 Mapleview Drive, Unit 1 Barrie, ON L4N 0W fax Form 11 Rev 2

6 6.45-DP b. The construction of a building on an existing lot of record is permitted, provided it was zoned for such as of the date the Plan comes into effect, or where an application for an amendment to a zoning by-law is required as a condition of a severance granted prior the date this Plan comes into effect. 4. If the intent of the Official Plan Amendment and Site Plan Control By-law is to protect the environment, then they should apply equally to all parcels of land in the Town. We request that you forward these comments to the Mayor and Members of Council prior to any decision being made. We also request notification of any decisions made. Sincerely, Ray Duhamel, M.C.P., MCIP, RPP Partner c. Lee Parkin, Manager of Legal & Clerk Services Tim Cane, Manager of Planning Daniel Drimmer Marshall Green Bud Hart Stuart Watson Head Office: Barrie 229 Mapleview Drive, Unit 1 Barrie, ON L4N 0W fax Form 11 Rev 2

7 TOWN OF INNISFIL STAFF REPORT STAFF REPORT NO: DSR DATE: September 2, 2015 To: From: Mayor, Deputy Mayor and Members of Council Tim Cane, Manager of Land Use Planning Subject: Lake Simcoe Shoreline Development Site Plan Control - Proposed Amendments to Official Plan and Site Plan Control By-Law RECOMMENDATION: That Council adopt By-Law No to amend the Town s Official Plan to provide the Town with the option to apply site plan control to all properties abutting the Lake Simcoe shoreline; That Council receive comments on By-Law No to amend the Town s Site Plan Control By-Law to apply site plan control to the properties currently subject to the Shoreline Development Interim Control By-Law (078-15); That Council direct Staff to prepare a by-law that would repeal the Shoreline Development Interim Control By-Law (078-15) upon County of Simcoe approval of the Official Plan Amendment and Town approval of revised Site Plan Control By-law ; and That Council direct staff to investigate a test case for site plan control on a property affected by Shoreline Development Interim Control By-law BACKGROUND: Shoreline development has been an area of interest for many years for both the Town and Lake Simcoe Region Conservation Authority as development along the shoreline creates physical and environmental pressures. At the same time, there is recognition that various jurisdictions and approvals along the shoreline create greater uncertainty and less chance for a comprehensive and holistic review of development. The process outlined in this report represents one preliminary step in the wider Shoreline Management Plan process that the Town has initiated. The purpose of this Staff Report is to summarize and provide a rationale for the proposed amendments to the Town s Official Plan (Attachment 1 By-Law No ) and Site Plan Control By-Law (Attachment 2 By-Law No ) that would provide the Town with the option to apply Site Plan Control to properties abutting the Lake Simcoe shoreline. This

8 Staff Report DSR Lake Simcoe Shoreline Development Site Plan Control September 2, 2015 Amendment will not prevent any uses already permitted along the Lake Simcoe shoreline (i.e. no down zoning ). The ability to apply site plan control to the handful of properties subject to the current Interim Control By-law would allow for the policies of the Lake Simcoe Protection Plan to be applied in an effort to have development that better reflects key natural heritage features while a wider Shoreline Management Plan is developed. While changes to the Official Plan will give the Town the option of applying site plan control to shoreline properties, actual changes are required to the current Site Plan Control By-law (098-14) in order that it apply to the approximately 30 vacant shoreline properties subject to the Town s Shoreline Development Interim Control By-Law. The proposed Site Plan Control By-Law would not take effect until County of Simcoe approval of the Official Plan Amendment and the subsequent repeal of the Interim Control By-Law (078-15) that is currently restricting development on certain properties. A separate report will be required for Council s consideration regarding this matter at a later date. Staff is also proposing that a test case for site plan control on one of the properties subject to the Interim Control By-law be investigated. Application of the Lake Simcoe Protection Plan policies on the test site will help identify opportunities and challenges associated with reflecting key natural heritage features as part of the development process. Lessons learned from a test case would assist and input into the ongoing Shoreline Management Plan process. ANALYSIS/CONSIDERATION: Policy Context / Basis for Proposed Amendments The basis of the proposed amendments are to support this overall goal and the implementation of the Lake Simcoe Protection Plan in the Town of Innisfil by recognizing key natural heritage features along the Lake Simcoe shoreline through the application of Site Plan Control. This will help ensure that shoreline development is undertaken in a more comprehensive and integrated manner until such time as the Shoreline Development Permit System is implemented. As such, the policies of this Amendment are supported by numerous pieces of legislation such as the Planning Act, Provincial Policy Statement, Lake Simcoe Protection Plan, County of Simcoe Official Plan and Town of Innisfil Official Plan. The Planning Act identifies matters of provincial interest that planning authorities must have regard for in undertaking their planning responsibilities. Specifically, the protection of ecological systems, including natural areas, features and functions is listed as a matter of provincial interest and provides an overarching basis for this Amendment. The Provincial Policy Statement 2014 also reflects this basis, particularly in Section 2.1 ( Natural Heritage) where it states that the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved. The Lake Simcoe Protection Plan specifies one of its central objectives is to protect, improve or restore the elements that contribute to the ecological health of the Lake Simcoe watershed, including, water quality, hydrology, key natural heritage features and their functions, and key hydrologic features and their functions. To further support the basis of this Amendment, the Plan also contains specific policies for development and site alteration along the Lake Simcoe shoreline. Page 2 of 23

9 Staff Report DSR Lake Simcoe Shoreline Development Site Plan Control September 2, 2015 Policies of the County and Town Official Plans are required to reflect the policies of the Lake Simcoe Protection Plan. Though the Town has adopted provisions into its Comprehensive Zoning By-Law (#080-13) to protect the ecological health of the Lake Simcoe shoreline, it has faced challenges in regulating development along the shoreline on a site-specific basis. For example, although the Town s Zoning By-Law specifies that 50% of the waterfront yard of a property abutting Lake Simcoe must be maintained as a natural vegetation area, the Town has faced challenges in enforcing this provision, particularly in the absence of a formal site plan agreement between the property owner and the Town. Furthermore, while the proposed Site Plan Control By-Law specifies that site plan control will only be applied to the properties currently subject to the Town s Shoreline Development Interim Control By-Law, the policies of the Official Plan Amendment support the overall basis of protecting, restoring and enhancing the ecological integrity of the shoreline of Lake Simcoe through increased naturalization of altered shorelines and preservation of existing natural areas. This approach is a reflection of the Town s strategic plan Inspiring Innisfil 2020, which includes the objective to promote and protect Lake Simcoe for its critical ecological, heritage and tourism benefits. Details of Proposed Amendments The details of the proposed amendments to the Town s Official Plan and Site Plan Control By- Law are specifically identified by tracked changes in Attachment s 1 and 2 to this Staff Report. Based on the discussion and land use planning rationale contained in the previous section, the detailed amendments to the Town s Official Plan and Site Plan Control By-Law are summarized and outlined in the following tables (Table 1 Proposed Amendments to Town s Official Plan and Table 2 Proposed Amendments to Site Plan Control By-Law). The tables summarize the changes that would allow for the Town to apply site plan control to new development along the Lake Simcoe shoreline. Page 3 of 23

10 Staff Report DSR Lake Simcoe Shoreline Development Site Plan Control September 2, 2015 Page 4 of 23

11 Staff Report DSR Lake Simcoe Shoreline Development Site Plan Control September 2, 2015 OPTIONS/ALTERNATIVES: Council can adopt the proposed amendments to the Town s Official Plan (Attachment 1) or can refer the matter back to Staff to conduct further study or make additional modifications. FINANCIAL CONSIDERATION: There are no direct financial impacts associated with adopting the recommendations of this report. Staff time to process the policy amendments is being covered through the approved capital budget. The costs to process any future site plan applications for shoreline properties will be borne by the applicant on a cost recovery basis. CONCLUSION: Page 5 of 23

12 Staff Report DSR Lake Simcoe Shoreline Development Site Plan Control September 2, 2015 The ability to apply site plan control will assist the Town in implementing the Lake Simcoe Protection Plan by helping reflect key natural heritage features along the Lake Simcoe shoreline during the development approval process. This approach will better ensure that shoreline development is undertaken in a comprehensive and integrated manner. PREPARED BY: Tim Cane, Manager of Land Use Planning Paul Pentikainen, Policy Planner APPROVED BY: Tim Cane, Manager of Land Use Planning Attachments: 1. By-Law No Proposed Amendments to Town s Official Plan Tracked Changes (Recommended for Council s adoption Sept 2, 2015) 2. By-Law No Proposed Amendments to Town s Site Plan Control By-Law Tracked Changes (Will be presented for Council s adoption in a future report) Page 6 of 23

13 THE CORPORATION OF THE TOWN OF INNISFIL DRAFT BY-LAW NO (tracked changes version) A By-law of The Corporation of the Town of Innisfil to Adopt Amendment No. 16 to the Town of Innisfil Official Plan with Policies for Site Plan Control in Shoreline Areas WHEREAS Section 21 of the Planning Act, R.S.O. 1990, c.p.13 as amended provides that Council may amend its Official Plan; AND WHEREAS Section 41(2) of the Planning Act, R.S.O. 1990, establishes that the council of a local municipality may show or describe an area as a site plan control area in an official plan; AND WHEREAS Council passed a Shoreline Development Interim Control By-Law (078-15) on June 3, 2015 directing the review and study of shoreline development approval processes by the Town of Innisfil, including but not limited to the application of site plan control, a development permit system or other appropriate process to ensure that shoreline development is undertaken in a comprehensive and integrated manner with the applicable policies and provisions of other approval authorities; AND WHEREAS the proposed implementing Site Plan Control By-Law (100-15) will take effect upon County of Simcoe approval of this proposed Official Plan Amendment No. 16; AND WHEREAS Site Plan Control By-Law (100-15) will apply to those properties affected by the Shoreline Development Interim Control By-Law (078-15) and allow development to proceed through site plan approval prior to the adoption of a development permit system for the Lake Simcoe shoreline area; AND WHEREAS the Council of The Corporation of the Town of Innisfil deems it desirable to amend the Town of Innisfil Official Plan with policies to apply site plan control in shoreline areas; NOW THEREFORE the Council of The Corporation of the Town of Innisfil enacts as follows: 1. THAT the attached explanatory text and policies which constitute Amendment No. 16 to the Official Plan of the Town of Innisfil are hereby adopted. 2. THAT the Corporation of the Town of Innisfil makes application to the County of Simcoe for approval of said Amendment. 3. THAT the Clerk is hereby authorized, and directed to make such application on behalf of the Corporation, and to execute under the Corporate Seal such documents as may be required for the above purposes. PASSED THIS 2 nd DAY OF September, Gord Wauchope, Mayor Lee Parkin, Clerk 1 Page 7 of 23

14 AMENDMENT NO. 16 TO THE OFFICIAL PLAN FOR THE TOWN OF INNISFIL The attached explanatory text constitutes Amendment No. 16 to the Official Plan of the Town of Innisfil which was adopted by the Council of The Corporation of the Town of Innisfil by By-law No in accordance with Sections 41(2), and 17 and 21 of the Planning Act, R.S.O. 1990, c.p. 13, as amended, on the 2 nd day of September, Gord Wauchope, Mayor Lee Parkin, Clerk 2 Page 8 of 23

15 AMENDMENT NO. 16 TO THE OFFICIAL PLAN FOR THE TOWN OF INNISFIL THE CONSTITUTIONAL STATEMENT The following Amendment to the Official Plan for the Town of Innisfil consists of three (3) parts: PART A THE PREAMBLE - Consists of the purpose, location and basis for the Amendment, and does not constitute part of the actual Amendment. PART B THE AMENDMENT - Which sets out the actual Amendment consisting of the text which constitutes Amendment No. 16 to the Official Plan for the Town of Innisfil. PART C THE APPENDICES - Consists of a list of information pertinent to this Amendment in the form of background information. This Section does not constitute part of the actual Amendment. 3 Page 9 of 23

16 AMENDMENT NO. 16 TO THE OFFICIAL PLAN FOR THE TOWN OF INNISFIL INDEX PAGE The Constitutional Statement... 3 PART A - THE PREAMBLE 1. PURPOSE LOCATION BASIS... 5 PART B - THE AMENDMENT 1. INTRODUCTION DETAILS OF AMENDMENT IMPLEMENTATION INTERPRETATION... 8 PART C - THE APPENDICES (to be included in final OPA submission to County) Appendix A Appendix B Appendix C Public Meeting Minutes 1. September 2, 2015 Reports to Council 1. Staff Report DSR , dated September 2, 2015 Agency and Public Comments 4 Page 10 of 23

17 PART A PREAMBLE 1.0 PURPOSE The purpose of the Amendment is to update the Site Plan Control section of the Town s Official Plan for greater consistency with the provisions of Section 41 of the Planning Act and to identify all shoreline residential areas in the Town as a Site Plan Control Area. The ability to apply site plan control will assist the Town in implementing the Lake Simcoe Protection Plan by helping protect environmental features along the Lake Simcoe shoreline and ensuring that shoreline development is undertaken in a comprehensive and integrated manner. Furthermore, the proposed Amendment will enable updates to the Town s current Site Plan Control By-law (098-14). The proposed changes to the Site Plan Control By-Law indicate that the properties currently subject to the Town s Shoreline Development Interim Control By-Law (078-15) will require site plan approval prior to development. The proposed Site Plan Control By-Law will take effect upon County of Simcoe approval of the Official Plan Amendment and will then permit Council to repeal Interim Control By-Law (078-15) passed by Council on June 3, 2015 that is currently restricting development on these properties. This Amendment will not prevent uses already permitted along the Lake Simcoe shoreline. 2.0 LOCATION This Amendment will generally apply to all properties in the Town abutting the Lake Simcoe shoreline in the Town of Innisfil, which will become subject to Site Plan Control. However, updates to the Town s implementing Site Plan Control By-Law only apply to the shoreline properties that are currently subject to the Town s Shoreline Development Interim Control By- Law and these approximately 30 properties may be affected by the specific policies of this Amendment. 3.0 BASIS It is recognized that a healthy shoreline is critical to the overall health of Lake Simcoe, and on a larger scale is important to foster a resilient, adaptable and sustainable watershed. The overall goal of numerous provincial and local planning policies, particularly the Lake Simcoe Protection Plan, is to protect, restore and enhance the ecological integrity of the shoreline of Lake Simcoe and improve water quality. The basis of the proposed amendments are to support this overall goal and the implementation of the Lake Simcoe Protection Plan in the Town of Innisfil by recognizing key natural heritage features along the Lake Simcoe shoreline through the application of Site Plan Control. This will help ensure that shoreline development is undertaken in a more comprehensive and integrated manner until such time as the Shoreline Development Permit System is implemented. As such, the policies of this Amendment are supported by numerous pieces of legislation such as the Planning Act, Provincial Policy Statement, Lake Simcoe Protection Plan, County of Simcoe Official Plan and Town of Innisfil Official Plan. The Planning Act identifies matters of provincial interest that planning authorities must have regard for in undertaking their planning responsibilities. Specifically, the protection of ecological systems, including natural areas, features and functions is listed as a matter of provincial interest and provides an overarching basis for this Amendment. 5 Page 11 of 23

18 The Provincial Policy Statement 2014 also reflects this basis, particularly in Section 2.1 ( Natural Heritage) where it states that the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved. The Lake Simcoe Protection Plan specifies one of its central objectives is to protect, improve or restore the elements that contribute to the ecological health of the Lake Simcoe watershed, including, water quality, hydrology, key natural heritage features and their functions, and key hydrologic features and their functions. To further support the basis of this Amendment, the Plan also contains specific policies for development and site alteration along the Lake Simcoe shoreline. Policies of the County and Town Official Plans are required to reflect the policies of the Lake Simcoe Protection Plan. Though the Town has adopted provisions into its Comprehensive Zoning By-Law (#080-13) to protect the ecological health of the Lake Simcoe shoreline, it has faced challenges in regulating development along the shoreline on a site-specific basis. For example, although the Town s Zoning By-Law specifies that 50% of the waterfront yard of a property abutting Lake Simcoe must be maintained as a natural vegetation area, the Town has faced challenges in enforcing this provision, particularly in the absence of a formal site plan agreement between the property owner and the Town. Furthermore, while the proposed Site Plan Control By-Law specifies that site plan control will only be applied to the properties currently subject to the Town s Shoreline Development Interim Control By-Law, the policies of the Official Plan Amendment support the overall basis of protecting, restoring and enhancing the ecological integrity of the shoreline of Lake Simcoe through increased naturalization of altered shorelines and preservation of existing natural areas. This approach is a reflection of the Town s strategic plan Inspiring Innisfil 2020, which includes the objective to promote and protect Lake Simcoe for its critical ecological, heritage and tourism benefits. 6 Page 12 of 23

19 PART B THE AMENDMENT 1.0 INTRODUCTION All of this part of the document entitled Part B The Amendment consisting of the following text constitutes Amendment Number 16 to the Official Plan of the Town of Innisfil. 2.0 DETAILS OF THE AMENDMENT The Official Plan of the Town of Innisfil is amended as follows: 2.1 The existing Site Plan Control policies and sub-policies in section 9.4 of the Official Plan are hereby repealed and replaced with the following: 9.4 SITE PLAN CONTROL All lands within the Town are identified as a Site Plan Control Area with the exception of single detached and semi-detached dwelling areas that are not abutting the Lake Simcoe shoreline and agricultural buildings and structures associated with a typical farming operation. One or more by-laws may be adopted by Council to designate specific areas and provisions of Site Plan Control, with reference to properties and zoning designations contained in the Comprehensive Zoning By-law The overall goals of the Town in exercising Site Plan Control are to: i) enhance visual attractiveness by an appropriate use of landscaping, lighting, etc; ii) iii) iv) secure road widenings sufficient to achieve the planned right-ofway width for the Town and County road and transportation allowances as indicated on Schedule C; ensure proper grading and secure easements necessary to provide for public utilities, servicing and site drainage; control the placement and provision of required services and facilities such as driveways, parking, loading facilities, garbage collection and snow storage or removal; v) ensure that the conceptual design of a proposed development is compatible with the character or the intended character of the area; vi) minimize land use incompatibility or conflict between new and existing uses; 7 Page 13 of 23

20 vii) viii) ix) minimize the impacts of proposed development on the natural environment, such as through low impact development and sustainable design features; control the character, scale, appearance and exterior design features of buildings, including and sustainabletheir sustainable design, of the exterior buildings as per the Urban Design and Architectural Control policies of Section 5.0 and the provisions under Section 41(4)(d) of the Planning Act; control the streetscape design within the municipal right-of way including matters such as landscaping, paving materials, sidewalk features, street furniture, waste and recycling containers, bicycle parking facilities and other similar matters as per the Urban Design policies of Section 5.0 and the provisions under Section 41(4)(e) of the Planning Act; and 3.0 IMPLEMENTATION x) ensure that appropriate access, egress and the safe entry design of facilities is safe and appropriate for persons with disabilities As provided under Section 41(5) RS of the Planning Act, the Town may require drawings to be submitted for approval showing plan, elevation and cross-section views for any multiple residential dwelling containing three (3) or more dwelling unitsless than twenty-five (25) dwelling units Any expansions of buildings, subject to Site Plan Control as per Section 9.4.1, involving an increase in floor area of at least 20 per cent shall be subject to the site plan control provisions of Section 9.4. This Amendment to the Official Plan for the Town of Innisfil shall be implemented by an Amendment to the Town s Site Plan Control By-law (No ), passed pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.p.13, as amended. Upon approval of this Official Plan Amendment No. 16, the Town s Site Plan Control By-law (No ) shall take effect to implement the policies of this Amendment. 4.0 INTERPRETATION The provisions set forth in the Official Plan of the Town of Innisfil, as amended from time to time regarding the interpretation of that Plan, shall apply in regard to this Amendment, and as may more specifically be set out or implied within the policies contained herein. PASSED THIS 2 nd DAY OF September, Gord Wauchope, Mayor Lee Parkin, Clerk 8 Page 14 of 23

21 THE CORPORATION OF THE TOWN OF INNISFIL DRAFT BY-LAW NO (tracked changes version) A By-law of The Corporation of the Town of Innisfil to designate certain lands, within the Town as site plan control areas, including lots abutting Lake Simcoe to delegate authority for approval, and to repeal and replace By-law No WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. P.13 as amended, provides that where an area is shown or described as a proposed site plan control area in an Official Plan, Council may, by by-law, designate the whole or any part of the area as a site plan control area; and, WHEREAS Section 41 of the Act provides for the entering into of agreements between the municipality and those persons undertaking developments as defined therein, for the purpose of controlling certain matters specifically set out in the statute; and, WHEREAS Section 41 of the Act provides that Council may require applicants to consult with the municipality prior to application submission; and, WHEREAS Section 41 of the Act provides for the delegation of the powers of the Council in exercising its authority over said agreements, to such official of the municipality as Council may deem proper; and, WHEREAS Official Plan Amendment No. 16 for The Corporation of the Town ( Town ) of Innisfil identifies all lands within the Town as a site plan control area, save and except single detached and semi-detached dwelling areas not abutting the Lake Simcoe shoreline, and agricultural buildings and structures associated with a typical farming operation; and WHEREAS the Official Plan states that any expansions of buildings subject to site plan control involving an increase in floor area of at least 20 per cent shall be subject to the site plan control provisions of the Official Plan; WHEREAS Council passed a Shoreline Development Interim Control By-Law (#078-15) on June 3, 2015 directing the review and study of shoreline development approval processes by the Town of Innisfil, including but not limited to the application of site plan control, a development permit system or other appropriate process to ensure that shoreline development is undertaken in a comprehensive and integrated manner with the applicable policies and provisions of other approval authorities; and WHEREAS this Site Plan Control By-Law will take effect upon County of Simcoe approval of Official Plan Amendment No. 16 which will then allow for the repeal of the Shoreline Development Interim Control By-Law by requiring the affected properties to receive site plan approval prior to any development until such time as a more comprehensive planning framework such as a Shoreline Development Permit System is adopted to help guide shoreline development and recognize environmental features along the shoreline. NOW THEREFORE the Council of The Corporation of the Town of Innisfil enacts the following: Page 15 of 23

22 Page 2 of 9 By-law No DEFINITIONS Act shall mean the Planning Act, R.S.O. 1990, c. P.13, as amended, or successor legislation Agricultural Uses shall mean agricultural uses as defined in the current Official Plan. Application shall include a Full Site Plan Application, a Minor Site Plan Application and a Site Plan Amendment Application. Application, Full Site Plan shall mean an application for development that requires site plan approval under this by-law, as amended, on a property without an existing site plan agreement registered on title, which will significantly alter the current use of the property, or affect off-site uses, or impact municipal facilities or works, or significantly alter site imperviousness or stormwater runoff potential. Application, Minor Site Plan shall mean an application for development that requires site plan approval under this by-law, as amended, on a property without an existing site plan agreement registered on title where many site plan requirements have already been met, which will not impact municipal facilities and works, alter site imperviousness or change stormwater runoff potential. Application, Site Plan Amendment shall mean an application for development that requires site plan approval under this by-law, as amended, on a property that has an existing site plan agreement registered on title. Development shall mean the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the Planning Act, R.S.O. 1990, c.p.13. Dwelling, Duplex shall mean a building that is divided horizontally into two dwelling units, each of which has an independent entrance either directly or through a common vestibule. Dwelling, Semi-detached shall mean a building that is divided vertically into two dwelling units, each of which has independent entrances to the front and rear or side yard either directly or through a common vestibule. Dwelling, Single Detached shall mean a separate building designed and intended to be occupied as a single dwelling unit for one household. Dwelling, Townhouse shall mean a residential dwelling unit attached to other units by a common sidewall, where the number of attached units is no less than three and no greater than eight, or any other types of townhouse dwellings defined in the Town s Zoning By-law, including block/cluster townhouse dwellings, stacked townhouse dwellings and street townhouse dwellings. Official Plan shall mean the Town s Official Plan, as amended. Town Official shall mean the Manager of Land Use Planning, or his or her designate. Zoning By-law shall mean the Town s Comprehensive Zoning By-law , as amended, or successor by-laws. Page 16 of 23

23 Page 3 of 9 By-law No LANDS AFFECTED 2.1 That all lands within the Town of Innisfil within the land use Zones including any site specific Exceptions, as listed on Schedule A which shall form part of this Bylaw are hereby designated as site plan control areas. 2.2 Notwithstanding the areas designated under Section 2 of this By-law, site plan control areas may be designated as deemed necessary by the Council the Town in accordance with the provisions of the Official Plan. 3.0 APPROVAL AUTHORITY 3.1 The authority to review and approve an Application for site plan control approval is hereby delegated to the Town Official. 4.0 PRECONSULTATION 4.1 All applicants shall consult with the Town Official prior to the submission of an Application for site plan control approval to ensure that submission requirements are identified and to determine whether the Application shall be considered a Full Site Plan Application, Minor Site Plan Application or Site Plan Amendment. 5.0 APPLICATION 5.1 During pre-consultation with the applicant the Town Official will determine the submission requirements for an Application for site plan control approval, including but not limited to the requirements for plans, drawings, studies and reports. The Town Official will prepare a record of the submission requirements identified during pre-consultation that will be provided to the applicant and will be valid for one year from the date of issuance. 5.2 Upon review of the submission of an Application for site plan control approval by the Town Official, the applicant will be advised in writing that a complete submission has been received. A complete submission of an Application for site plan control Approval for the purposes of Section 41(12) of the Planning Act, may include but is not limited to the following: (a) (b) (c) (d) (e) a completed Application form; a copy of the record of submission requirements provided during preconsultation; payment to the Town of all fees, and deposits; the provision of plans as follows: plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required, including facilities designed to have regard for accessibility for persons with disabilities; The provision of drawings, as may be required in consultation with the Town Official, including but not limited to drawings showing plan, elevation and cross-section views for each building to be erected, which drawings are sufficient to display: (i) (ii) the massing, and conceptual design of the proposed building; the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have Page 17 of 23

24 Page 4 of 9 By-law No (f) (g) (iii) (iv) (v) (vi) access; the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings; matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings (architectural control and urban design), and their sustainable design, but only to the extent that it is a matter of exterior design; the sustainable design elements of any adjoining highway under the Town s jurisdiction, including without limitation, trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities; facilities designed to have regard for accessibility for persons with disabilities. The provision of studies, and reports, as may be required in consultation with the Town Official, including but not limited to the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Functional Servicing Study; Ministry of the Environment Guideline D-4 Land Use On or Near Landfills, and Dumps; Noise, and Vibration Study; Stormwater Management Report; Salt Management Plan; Traffic Impact Study; Urban Design Brief; Tree Inventory Study; Tree Preservation Plan; Environmental Impact Study; and (xi) In the case of a Brownfield development, a Brownfields Phase 1 Site Plan Condition Report; (xii) (xiii) (xiv) In the case the development is subject to Section 59 of the Clean Water Act, a Notice from the Risk Management Official; Soil Study; and Hydrogeological Study. A legal survey and transfer certificate showing ownership. 6.0 CIRCULATION AND CONSULTATION 6.1 The applicant shall be required to post an on-site notice of the Application for site plan control approval once they have been advised in writing that a complete Page 18 of 23

25 Page 5 of 9 By-law No submission has been received. Such notice shall be removed once site plan approval has been granted. 6.2 The Application shall be circulated to Council, any applicable external commenting agencies, and any appropriate Town staff and committees for review and commenting. 6.3 Any Application for site plan control approval may be subject to public consultation, at the discretion of the Town Official, or his or her designate. 7.0 LAPSED APPLICATIONS 7.1 An Application for site plan control approval shall lapse and be closed if the applicant has not responded to comments issued under Section 6.2 of this By-law within one year from the date the Application is deemed complete. If an Application lapses, then the applicant may be required to submit a new Application for Site Plan Control Approval. 8.0 CONDITIONS OF APPROVAL 8.1 Authority to impose conditions under Section 41 of the Planning Act is hereby delegated to the Town Official. 8.2 In accordance with the Planning Act, as a condition to the approval of the Plans and Drawings referred to in Section 5.2(d) and 5.2(e) of this by-law, the Town may require the owner of the land to: (a) provide to the satisfaction of and at no expense to the municipality, any or all of the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) widenings of highways that abut on the land, if the highway to be widened is shown on or described in the Official Plan or Town Transportation Master Plan as a highway to be widened and the extent of the proposed widening is likewise shown or described; subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs; off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access; facilities designed to have regard for accessibility for persons with disabilities; facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon; walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; easements conveyed to the municipality for the construction, Page 19 of 23

26 Page 6 of 9 By-law No (b) (c) (d) (e) (f) (x) maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land; and grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon. maintain to the satisfaction of the Town and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix) and (x) of Section 8.2(a), including the removal of snow from access ramps and driveways, parking and loading areas and walkways; enter into one or more agreements with the Town dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in Section 8.2(a) or 8.2(f) of this by-law, and the maintenance thereof as mentioned in Section 8.2(b) or with the provision and approval of the plans and drawings referred to in Section 5.2(d) and 5.2(e) of this bylaw; enter into one or more agreements with the Town ensuring that development proceeds in accordance with the approved plans and drawings referred to in Section 5.2(d) and 5.2(e) of this by-law; enter into one or more agreements with the Town for the collection of cashin-lieu of parking; and convey part of the land to the Town to the satisfaction of and at no expense to the Town for a public transit right of way, if it the public transit right of way to be provided is shown on or described in the Official Plan. 8.3 For lands that are subject to site plan control pursuant to items (xxviii) to (xlii) inclusive in Schedule A of this By-law, site plan approval shall be required on a block-by-block basis in conjunction with a plan of condominium, where appropriate. 9.0 EXECUTION OF AGREEMENTS 9.1 The authority to execute agreements authorized under Section 41 of the Planning Act is hereby delegated to the Town Official, or his or her designate EXEMPTIONS FROM SITE PLAN CONTROL APPROVAL 10.1 Exemptions to this By-law may be granted under the following circumstances: (a) (b) (c) development of single detached, semi-detached, duplex and townhouse dwellings within approved developments, where architectural control guidelines are in place, unless otherwise indicated in Schedule A of this By-law; on-farm buildings and structures associated with agricultural uses; by the Town Official as a one-time exemption from site plan control to any property within the site plan control area proposing alterations to an existing development, provided that: (i) it does not change the nature of the use of the building or premises; Page 20 of 23

27 Page 7 of 9 By-law No (d) (e) (ii) (iii) (iv) (v) (vi) it is consistent with, and complies with the Town s Zoning By-law; it does not increase the size of the total area of buildings, structures and parking lots by 20%; it does not increase the site imperviousness or stormwater runoff potential by more than 20%; it does not require any alterations to external works, roads or drainage infrastructure; and the property has an existing site plan control agreement with the Town that has been executed and registered on title. by resolution of Council where circumstances warrant an exemption due to the nature of the proposed development; and municipal projects One-time exemptions from site plan control granted under Section 10.1(c) of this By-law may be made in writing without an amendment to the existing site plan control agreement registered on title EXISTING AGREEMENTS IN FORMER MUNICIPALITIES 11.1 Every agreement entered into by the former municipalities of the Township of Innisfil, Village of Cookstown, Township of West Gwillimbury, Township of Essa or the Township of Tecumseth, shall be deemed to continue to have force and effect as if entered into under this By-law REPEAL OF PREVIOUS BY-LAW 12.1 That By-law No , as amended, is hereby repealed DATE OF EFFECT 13.1 This by-law shall come into force and take effect on and from the date of Official Plan Amendment 16 coming into full forces and effect. it passing by the Council. PASSED THIS DAY OF, Gord Wauchope Mayor Lee Parkin Clerk Page 21 of 23

28 Page 8 of 9 By-law No SCHEDULE A The following land use zones, lots and areas, including any site specific exceptions are designated as site plan control areas: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) Residential Apartment (RA) Zone; Residential Special Community (RSC) Zone; Commercial Neighbourhood (CN) Zone; Commercial Village (CV) Zone; Commercial Highway (CH) Zone; Commercial Tourist (CT) Zone; Commercial Business Park (CBP) Zone; Community Service (CS) Zone; Mixed Use 1 (MU1) Zone; Mixed Use 2 (MU2) Zone; Mixed Use 3 (MU3) Zone; Mixed Use 4 (MU4) Zone; Mixed Use 5 (MU5) Zone; Open Space (OS) Zone; Environmental Protection (EP) Zone; Industrial General (IG) Zone; Industrial Business Park (IBP) Zone; Industrial Extractive (IE) Zone; Agricultural General (AG) Zone, save and except for on-farm buildings and structures associated with agricultural uses; Agricultural Speciality Crop (ASC) Zone, save and except for on-farm buildings and structures associated with agricultural uses; Agricultural Rural (AR) Zone, save and except for on-farm buildings and structures associated with agricultural uses; Future Development (FD) Zone; Each residential lot on lands zoned Residential 1 Exception (R1-2), (R1-2a) and Residential 1 Exception Waterfront (R1-2-W) and Environmental Protection Exception (EP-8) referred to as South Shore Woods Development, and located on Registered Plan 51M-788 (specifically Plans of Subdivision 43T-89051, and 43T-94009); Land in Part of Lot 18, Concession 8, Town of Innisfil zoned as Residential Rural (RR) Exception (RR-9) (municipally known as 1792 Innisfil Beach Road); All lots with a Home Occupation or Home Industry when a Building Permit is required or additional parking or landscaping is required, regardless of the zone; All lots with a commercial water taking development, regardless of the zone; Page 22 of 23