CITY OF ORILLIA Public Meeting of Council re Planning Matter Thursday, July 20, :00 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 Matter Thursday, July 20, :00 p.m. Council Chamber, Orillia City Centre A G E N D A Page Call to Order Infrared hearing aids are available on the east wall at the back of the Council Chamber. Approval of Agenda Disclosure of Interest Purpose of Meeting - Mayor S. Clarke To present Housekeeping Amendments to City of Orillia Zoning By-law Number Application #1 City of Orillia - Housekeeping Amendment No. 3 to City of Orillia Zoning By-law Number Correspondence Development Services Department - re Staff Report DSE Proposed Amendments to Zoning By-law , Housekeeping Amendment No. 3. File: C , and THAT as recommended in Report DSE dated July 10, 2017 from the Development Services and Engineering Department, Council exempt Zoning By-law Amendment Application No. D (City of Orillia Housekeeping Amendment No. 3) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendments (By-law Numbers , and ) for Application No. D (City of Orillia Housekeeping Amendment No. 3) be presented to Council for its consideration at the July 20, 2017 meeting. Explanation of Appeal Procedures - Ian Sugden, Director of Development Services and Engineering Page 1 of 30

2 Page Adjournment Page 2 of 30

3 CITY OF ORILLIA TO: Council - July 20, 2017 FROM: Development Services and Engineering Department DATE: July 10, 2017 REPORT NO: DSE SUBJECT: Proposed Amendments to Zoning By-law Housekeeping Amendment No. 3 File No. D Recommended Motion THAT Council exempt Zoning By-law Amendment Application No. D (City of Orillia Housekeeping Amendment No. 3) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendments (By-law Numbers , and ) for Application No. D (City of Orillia Housekeeping Amendment No. 3) be presented to Council for its consideration at the July 20, 2017 meeting. Purpose The purpose of this report is to provide background with respect to proposed Housekeeping Amendments to the City s Zoning By-law Background & Key Facts Zoning By-law Zoning By-law was passed by Council on June 2, Four appeals were received to the by-law. The Ontario Municipal Board ordered Zoning By-law into effect on February 20, 2015, retroactive to June 2, 2014; with the exception of one property having an outstanding appeal. Since the date of passage of Zoning By-law , 52 site-specific amendments and two general Housekeeping Amendments have been passed by Council. Waste Disposal Assessment Overlay Holding Zone Zoning By-law contains a Waste Disposal Assessment Overlay Holding Zone (WDAOHZ) which was placed on all properties within a 500 metre radius of existing or former landfill sites, based on the Former Waste Disposal Sites (inactive) and the Waste Disposal Assessment Area mapping shown on Schedule C to the City s Official Plan. H:\PLANNING\D14 Zoning\2017\D Waste Disposal Overlay & Houskeeping Amendment No. 3\7. Planning Report\Staff Report D FINAL Janet and Dougall Canal changes.doc - File: Page 3 of 30

4 2 As part of the 2011 Capital Budget, Council approved funds to retain a consultant to undertake a D4 Assessment Area Scoping Study with the goal of reducing the number of properties impacted by the Waste Disposal Assessment policies of the Official Plan. The City retained a consultant to conduct soils and other appropriate testing in order to scope the area of concern regarding potential contamination from landfill sites. Development Services Report No. DS provided Council with the results of that testing and recommended that the City request a further Decision from the Ministry of Municipal Affairs (MMA) with respect to the areas mapped on Schedule C to the City s Official Plan. The consultant recommended that the Waste Disposal Assessment Area be reduced to apply to only 145 properties, where it had formerly applied to 1,895 properties in the City. At its meeting on October 3, 2016, Council directed that staff: o request a further decision from MMA with respect to Schedule C - Overlay of the City s Official Plan related to the identification of Former Waste Disposal Sites (inactive) and Waste Disposal Assessment Areas as shown in Schedule C to Report DS-16-40; and o process the necessary Zoning By-law Amendment to implement the decision from MMA to remove the WDAOHZ from the applicable properties. Staff have been working with Ministry of Municipal Affairs to obtain a Decision from that Ministry having the effect of amending Schedule C to the City s Official Plan to reduce the properties impacted by the Waste Disposal Assessment Area. On June 14, 2017, the City received Notice of the Decision of the Ministry of Municipal Affairs (Schedule A ) approving the scoped Waste Disposal Assessment Area as identified in Report DS The Decision of the Ministry was subject to appeal until July 4, On July 6, 2017, the Ministry of Municipal Affairs advised the City that no appeals had been received to the Decision. General Housekeeping Amendments Zoning By-law is a living document that requires amendment from time to time to clarify certain provisions, in order to make interpretation of the By-law more consistent, and to facilitate development within the City. Staff are proposing general housekeeping amendments to the provisions of Zoning By-law as set out in Schedule B. Dougall Canal As part of the provisions of a municipal subdivision agreement, the City assumed ownership of the Dougall Canal, in October of The subdivision agreement establishes the City s right to permit certain encroachments onto its canal lands up to a maximum of 15 feet and to require the abutting owner to maintain these permitted encroachment in a safe and presentable condition. The shoreline encroachments are located on City-owned lands and many of the encroachments are in disrepair. H:\PLANNING\D14 Zoning\2017\D Waste Disposal Overlay & Houskeeping Amendment No. 3\7. Planning Report\Staff Report D FINAL Janet and Dougall Canal changes.doc - File: Page 4 of 30

5 3 The City established a Dougall Canal Working Group in 2015 to evaluate options for preserving the health of the canal and for governance/management of the canal. The Dougall Canal Working Group submitted a Report to Council Committee in February of The report of the Dougall Canal Working Group contained recommendations with respect to how to manage the shoreline encroachments in a manner that would allow them to be repaired or replaced by the owners in the most expeditious manner. Options & Analysis Option 1 Recommended THAT Council exempt Zoning By-law Amendment Application No. D (City of Orillia Housekeeping Amendment No. 3) from City of Orillia Policy thereby eliminating the minimum 14 day cooling off period prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendments (By-law Numbers , and ) for Application No. D (City of Orillia Housekeeping Amendment No. 3) be presented to Council for its consideration at the July 20, 2017 meeting. This option is recommended for the following reasons: Housekeeping Amendment (Amendment No. 57) - WDAOHZ The proposed reduction of the area of the City affected by the WDAOHZ (By-law ) is appropriate in order to implement Council s previous direction to staff and MMA s Decision with respect to the related mapping on Schedule C of the City s Official Plan. This proposed change will bring the City s Zoning By-law into conformity with the City s Official Plan, which is a requirement of the Planning Act. The proposed changes will remove approximately 1750 properties from the current restrictions, which requires a property owner to Remove the Holding (H) Symbol when constructing or expanding a habitable building at a cost of $ and one to two month administrative delay to remove the Hold prior to issuance of a Building Permit. In a practical sense, reduction of the WDAOHZ removes a restriction on development from a large portion of the City and provides a more developmentfriendly atmosphere. General Housekeeping Amendments (Amendment No. 58) The proposed general housekeeping amendments to Zoning By-law (Bylaw ) will make improvements and clarifications to the provisions of the Zoning By-law for ease of interpretation and implementation. Specific reasons for the various proposed amendments are set out on Schedule B to this report. H:\PLANNING\D14 Zoning\2017\D Waste Disposal Overlay & Houskeeping Amendment No. 3\7. Planning Report\Staff Report D FINAL Janet and Dougall Canal changes.doc - File: Page 5 of 30

6 4 Dougall Canal Overlay Zone (Amendment No. 59) The proposed Dougall Canal Overlay Zone (By-law ) is appropriate in order to allow the maintenance and repair of existing shoreline encroachments in the Dougall Canal in the short term, and is appropriate in order to provide a regulatory structure for the shoreline of the Dougall Canal in the long term. There is a need to include an area-specific amendment for the Dougall Canal area to recognize that all of the canal-adjacent lot owners have shore wall structures, decks, docks, boathouses etc. that are constructed along the entire width of their property where they abut the canal. As many owners need to, or want to, repair or replace these structures, and none of them comply with the regulations of Section (and subsections thereunder), this issue should be addressed. Council has provided general direction in this regard as a by-product of the Dougall Canal Working Group Report that was considered by Council. The proposed regulations regarding the Dougall Canal are based on the existing subdivision agreement and restrictive covenant as well as on input from the Dougall Canal Committee, and may be modified in a future housekeeping amendment, if necessary, to ensure that the provisions are appropriate and reasonable. Many of the proposed changes to the Zoning By-law will facilitate economic development and several property owners are awaiting these changes to allow them to proceed with their proposed developments. For these reasons, staff is recommending the 14-day cooling off period be waived. This option would result in the Housekeeping Amendments to the Zoning By-law being in effect by August 10, 2017 (assuming that no appeals were received prior to that date). Option 2 THAT the Draft Zoning By-law Amendments (By-law Numbers , and ) for Application No. D (City of Orillia Housekeeping Amendment No. 3) be presented to Council for its consideration at the next available Council meeting. This option is not recommended since the failure to waive the 14-day cooling off period would result in a delay of the passage of the Housekeeping Amendments to the Zoning Bylaw until at least August 24, 2017, which would be followed by the statutory 20 day appeal period as set out in the Planning Act. The amendments to the by-law would not be in effect until September 14, 2017 at the earliest. As Council had provided clear direction to staff in October of 2016 with respect to the reduction of the WDAOHZ, it is unclear what benefit would be had by a delay of the passage of the by-law reducing the impacted area. The balance of the proposed amendments are generally technical in nature. The proposed amendments represent items identified by staff, and are largely for the purpose of assisting staff in implementing the by-law provisions. As such it is desirable to have the by-law amended as early as possible so that the benefits of the amendments may be applied during the summer and fall development window. H:\PLANNING\D14 Zoning\2017\D Waste Disposal Overlay & Houskeeping Amendment No. 3\7. Planning Report\Staff Report D FINAL Janet and Dougall Canal changes.doc - File: Page 6 of 30

7 5 Option 3 THAT the Draft Zoning By-law Amendments (By-law Numbers , and ) for Application No. D (City of Orillia Housekeeping Amendment No. 3) be deferred for future consideration. This option is not recommended because: Council has previously provided direction to staff to amend the Zoning By-law to reduce the area of the Waste Disposal Assessment Area Overlay Zone; and Other housekeeping amendments identified by staff are required at this time in order to improve the effectiveness of the by-law. Financial Impact To date staff have processed ten (10) applications for removal of the WDAOHZ on properties which had been determined through the City s consultant to be outside of the area of concern. The fee for an application to remove a Holding Provision is currently $760. Going forward, removal of the WDAOHZ from 1,750 properties may result in a loss of some application fees; however, these applications consume staff time that can be more appropriately spent on other types of development application. In addition, only some types of development applications trigger the requirement to remove the WDAOHZ and therefore it cannot be assumed that there is a potential revenue loss that is mathematically related to the number of properties being removed from the WDAOHZ. Consultation Notice of the Public Meeting regarding proposed amendments to Zoning By-law was given by publication in the City Bulletin Board of the Orillia Packet & Times on June 29, 2017 and was posted to the City s website on the same date. Notice was provided to the required agencies in accordance with O. Reg. 545/06 on June 29, 2017 and was also circulated to City Departments on June 23, Members of the public may provide comments during the Statutory Public Meeting on July 20, Economic Development Impact The housekeeping amendments proposed will assist in promoting development within the City by removing the requirement to remove the Waste Disposal Assessment Overlay Zone from approximately 1,750 properties in the City s core; and by clarifying and streamlining the provisions of the by-law to assist in interpretation and application. Communications Plan A Notice of Passing of the Zoning By-law Amendments will be advertised in the City Bulletin Board (even though this is not required by the Planning Act) of a future edition of the Orillia Packet & Times and will be posted on the City s website. H:\PLANNING\D14 Zoning\2017\D Waste Disposal Overlay & Houskeeping Amendment No. 3\7. Planning Report\Staff Report D FINAL Janet and Dougall Canal changes.doc - File: Page 7 of 30

8 6 Following adoption of the by-laws, staff will communicate the key changes to the Economic Development Department so they can advise developers accordingly. Relation to Formal Plans, City of Orillia Policy Manual and/or Guiding Legislation The recommendation included in this report supports the following projects/goals identified in Council s Corporate Plan: Excel in Corporate Governance and Administration o 4.1 Review and update Council Procedure policies and by-laws The recommendation included in this report supports Economic Development however, it is not a goal or project specifically identified in the Corporate Plan. With respect to the reduction of the Waste Disposal Assessment Overlay Zone in Zoning By-law , the Planning Act contains a requirement for Zoning By-laws to be brought into conformity with Official Plans within specified time frames. In this case, it is appropriate to amend the Zoning By-law as soon as possible following the effective date of the MMA Decision on the Official Plan in order to remove a restriction on development in the City. Conclusion Staff recommends approval of Option 1 for the reasons set out in this report. Schedules Schedule A Notice of Decision of the Ministry of Consumer and Corporate Affairs dated June 14, 2017 Schedule B Table of Proposed Housekeeping Amendments to Zoning By-law Schedule C Draft By-law reducing the WDAOHZ Schedule D Draft By-law with general housekeeping amendments Schedule E Draft By-law to establish a Dougall Canal Overlay Zone Prepared by & Key Contact: Susan Votour, CPT, ACST Planning Coordinator/Secretary-Treasurer Jill Lewis, MCIP, RPP Senior Planner Approved by: Ian Sugden, MCIP, RPP Director of Development Services & Engineering H:\PLANNING\D14 Zoning\2017\D Waste Disposal Overlay & Houskeeping Amendment No. 3\7. Planning Report\Staff Report D FINAL Janet and Dougall Canal changes.doc - File: Page 8 of 30

9 Schedule A Notice of Decision of the Ministry of Consumer and Corporate Affairs dated June 14, 2017 Page 9 of 30

10 Schedule A Notice of Decision of the Ministry of Consumer and Corporate Affairs dated June 14, 2017 Page 10 of 30

11 Schedule A Notice of Decision of the Ministry of Consumer and Corporate Affairs dated June 14, 2017 Page 11 of 30

12 Schedule B Proposed Housekeeping Amendments to Zoning By-law Page 12 of 30 Section Amendment Reason/Explanation Definitions Amend definition of Architectural Feature to remove cantilevered floor area. The definition of Architectural Feature currently includes a cantilevered floor area. Permitted Yard Encroachments allows a 0.5 m encroachment for Architectural Features into any required yard, however, the definition of Main Wall indicates that the exterior wall of a cantilevered floor area constitutes a Main Wall. These provisions conflict and require clarification in order to determine the appropriate setback for structures with cantilevered floor area. Definitions Add Definition of Child Care Centre The Day Nurseries Act has been repealed and replaced with the Child Care and Early Years Act. The By-law had previously referred to a Day Nursery to describe a licenced child care facility, however that terminology is no longer accurate since the new legislation uses the term Child Care Centre. Definitions Add Definitions of Community Park and Neighbourhood Park Staff has identified that Community Park is a permitted use in some zones but no definition of Community Park was contained in the By-law. In accordance with direction in the Official Plan, staff propose to remove Community Park as a permitted use in the Open Space One and Open Space Two Zones. Public Park remains as a permitted use in those zones, and since Community Park and Neighbourhood Park are both defined as a Public Park, both types of park would be permitted. Definitions Remove Definition of Day Nursery The Day Nurseries Act has been repealed and replaced with the Child Care and Early Years Act. The By-law had previously referred to a Day Nursery to describe a licenced child care facility, however that terminology is no longer accurate since the new legislation uses the term Child Care Centre. Note also the general amendment to which replaces every occurrence of the term Day Nursery in the By-law with Child Care Centre. Definitions Add Definition of Home Child Care Home Child Care is regulated in the Child Care and Early Years Act. Defining Home Child Care as a form of Home Occupation clarifies that this Use is a valid Home Occupation Use, provided that the requirements of the provincial statute are met. Definitions General Provisions Section 5.26 General Provisions Footnote (3) Amend definition of Medical Clinic to refer to more than one Medical Practitioner Change heading to 5.26 to Parking and Storage of Commercial Vehicles, Recreational Equipment and Trailers and amend first paragraph to include Trailers Amend to read The setback from a watercourse NOT in an Environmental Protection Zone The existing definition of Medical Clinic refers to one or more Medical Practitioners. There are numerous Medical Practitioners who wish to operate as sole practitioners on a Home Occupation basis, however, the Home Occupation provisions of the Zoning By-law specifically prohibit a Medical Clinic. Redefining Medical Clinic to refer to more than one Medical Practitioner has the effect of permitting a Medical Practitioner who is in sole practice to operate as a Home Occupation, provided that all other Home Occupation provisions are met. Direction is required in the By-law with respect to where utility trailers can be parked and stored on a property. These amendments will provide appropriate direction to City staff. This amendment corrects an omission in the original By-law in order to provide clarification.

13 Schedule B Proposed Housekeeping Amendments to Zoning By-law Page 13 of 30 Section Amendment Reason/Explanation General Provisions Remove this Section Setback from Environmental Protection Zone Boundary The original 15.0 m setback from the boundary of an Environmental Protection (EP) Zone is not scientifically defensible, and is problematic given that the few EP Zones that are located within the City are largely already bounded by properties that have been fully developed for many years. Appropriate buffering General Provisions Section 5.38 Temporary Land Uses Parking & Loading Section Parking & Loading Section Loading Spaces Residential Zones Site Specific Exception R4-9i Commercial Zones Site Specific Exception C4-2i (North Lake Village Commercial Phase) Industrial Zones Amend to clarify provisions regarding Temporary Uses for Construction purposes, including permitting Shipping Containers as construction storage on temporary basis. Amend Temporary Sales and Rental Office provisions for clarification. Define Seasonal Sales Outlet and provide appropriate provisions. Amend Section title to Length and Width of Queuing Lane, make existing text (a) and new (b) The minimum width of a Queuing Lane shall be 3.0 m Amend to require loading spaces only for those uses that require them. Also delete Leaseable & refer to Net Floor Area Stipulate exterior side yard facing Laclie Street may be 2.7 m for Unit 1 and 2.65 m for Unit 35 Change Permitted Uses to Additional Permitted Uses. Change reference to H3 to H6. Table 12.1 Permitted Uses, add footnote to Motor Vehicle Washing Establishment to require sufficient water/sewer capacity for Use as in other zones. from new EP Zones can be established through the rezoning process. Currently the By-law deals with Temporary Uses during construction and Temporary or Seasonal Sales Uses in the same provision. These uses are different from one another and require further clarification. The City has recently received an inquiry with respect to the use of Shipping Containers for storage of construction materials on a construction site during the term of an active building permit. These provisions will allow that use and will provide clarification regarding the timing for removal of Structures and Shipping Containers. A new section entitled Seasonal Sales Outlets provides direction with respect to temporary, movable outlets such as vegetable stands. Seasonal Sales Outlets are proposed to be permitted in the Open Space One Zone (publicly owned parkland) provided that all other City regulations and by-laws are complied with. There is currently no required width for a queuing lane specified in the By-law. A 3.0 m width is consistent with the width of a laneway for one-way traffic. Currently the By-law requires Loading Spaces to be provided in all Commercial and Industrial Zones, regardless of whether the use of the property warrants this. The City s previous Zoning By-law contained provisions that required Loading Spaces only for the uses requiring them. This is preferable from a staff perspective. In addition, the By-law does not contain a definition of Net Leaseable Floor Area but does contain a definition of Net Floor Area and it is therefore recommended that the word Leaseable be omitted. This is a site-specific adjustment relating to Phase 1 of the North Lake Village Subdivision, arising due to a one-foot reserve along Laclie Street being transferred to the City. Staff have identified that the current exception zone is not entirely consistent with the original rezoning (to Bylaw) Correction is required for clarification purposes. This corrects an oversight in original by-law. In all other occurrences in the Bylaw, the establishment of a Motor Vehicle Washing Establishment is subject to the City s confirmation that sufficient water and sewer capacity exists to service the use.

14 Schedule B Proposed Housekeeping Amendments to Zoning By-law Section Amendment Reason/Explanation Holding Zones (Sections 3.7 and 14) Mapping (Map 19) Mapping (Maps 8 & 14) Amend Holding Zones that reference the potential of human made hazards to include wording that permits a change of use to another use that is permitted in the zone and which is not a Sensitive Land Use. Correct split zoning on lots where Stone Ridge and West Ridge subdivisions meet. Affects properties at 3148, 3150 & 3152 Emperor Drive, 3143 Monarch Drive and Block 115, Plan 51M-613 Trail lands should be OS1 shown as part of municipal roadway Where a property is in a Holding Zone because of known or suspected contamination, it is City staff s interpretation of Sections 3.7 and 14.1 that any of the non-sensitive land uses, as set out in the Environmental Protection Act, that are permitted uses in the principal zone are permitted without Removal of the Holding Symbol. The rationale for this approach is to retain the Holding Symbol on the property as a flag to future staff that the property has known or suspected contamination, while not prohibiting non-sensitive permitted land uses from locating on the property. This approach supports economic development and is consistent with the Environmental Protection Act. This amendment is required to correct multiple zoning on several lots in order to facilitate ease of application of the Zoning By-law provisions on these properties. Amendment to correct a cartographical error in original mapping. Page 14 of 30

15 Schedule C Draft By-law reducing the WDAOHZ BY-LAW NUMBER OF THE CITY OF ORILLIA AMENDMENT NUMBER 57 TO BY-LAW NUMBER , THE ZONING BY-LAW FOR THE CITY OF ORILLIA (REDUCTION OF WASTE DISPOSAL ASSESSMENT OVERLAY HOLDING ZONE) WHEREAS pursuant to Section 36 of the Planning Act, R.S.O. 1990, as amended, Council is empowered to impose a holding provision and to remove such holding provision upon the satisfaction of conditions imposed in connection therewith; AND WHEREAS the City of Orillia has conducted the necessary studies as set out in Policy 4.3 e) of the City of Orillia Official Plan, in order to confirm that the area covered by the Waste Disposal Assessment Area may be reduced; AND WHEREAS the Ministry of Municipal Affairs has approved an amendment to the City s Official Plan to reduce the area covered by the Waste Disposal Assessment Area; AND WHEREAS Council deems it appropriate to now bring Zoning By-law , as amended, into conformity with the Official Plan with respect to the reduced area of the Waste Disposal Assessment Overlay Holding Zone. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ORILLIA HEREBY ENACTS AS FOLLOWS: 1. THAT Schedules A and B to By-law Number , be amended by reducing the area covered by the Waste Disposal Assessment Overlay Holding Zone to the area shown as Area to remain within the Waste Disposal Assessment Overlay Holding Zone on Schedule A-1 to this by-law. 2. THAT Section 15.2 of Zoning By-law Number , Subsection entitled Properties Removed from the Waste Disposal Assessment Overlay Zone, Table 15.3 shall be amended to include only those properties within the boundary of the reduced Waste Disposal Assessment Overlay Holding Zone from which the Holding Provision has previously been removed, as follows: Table Properties Removed from the Waste Disposal Assessment Overlay Zone Column 1 Column 2 Property Address By-law Removing H 9 James Court & 298/300 Memorial Avenue Kitchener Street (part of property) Kitchener Street (part of property) Page 15 of 30

16 3. THAT this by-law shall come into effect as of the date of passing, subject to the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended. By-law read a first, second and third time and finally passed this 20 th day of July, A.D MAYOR CAO/CITY CLERK Page 16 of 30

17 Schedule C Draft By-law reducing the WDAOHZ Page 17 of 30

18 Schedule D Draft By-law with General Housekeeping Amendments BY-LAW NUMBER OF THE CITY OF ORILLIA AMENDMENT NUMBER 58 TO BY-LAW NUMBER , THE ZONING BY-LAW FOR THE CITY OF ORILLIA TO INCORPORATE HOUSEKEEPING AMENDMENTS THAT AFFECT LANDS WITHIN THE CITY OF ORILLIA 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 determined a need to revise Zoning By-law Number , as amended, in a manner that would clarify the provisions of the Zoning By-law in order to facilitate appropriate development and redevelopment and improve the implementation of the Zoning By-law; AND WHEREAS the City of Orillia Official Plan provides for the adoption of zoning regulations as set forth in this by-law 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 By-law Number , as amended, is hereby further amended as follows: i) SECTION 4 DEFINITIONS is amended as follows: (1) The following new definitions are added, in alphabetical order, with all other definitions renumbered accordingly: Child Care Centre means Premises operated by a Person licensed under the Child Care and Early Years Act, 2014, S.O. 2016, as amended, to operate a child care centre at the Premises. Child Care Provider means any Person who provides child care in accordance with the Child Care and Early Years Act, 2014, S.O Community Park means a Public Park that is intended to serve the entire community and visitors to the City which may incorporate, but which is not limited to, the following facilities: major playgrounds, major athletic fields, multiple tennis and multi-purpose courts, skateboard parks, indoor and outdoor ice facilities, seating areas, walkways, community centres and indoor and/or outdoor swimming facilities, leash-free dog zones, water play facilities, beaches, picnic areas, trails and walkways, boat launching and mooring facilities, boardwalks, observation areas, interpretive/educational centres, pavilions, museums, horticultural facilities, amphitheatres and/or visitor service centres. Home Child Care means a Home Occupation whereby a Child Care Provider provides care to children within a Dwelling in accordance with the Child Care and Early Years Act, 2014, S.O Neighbourhood Park means a Public Park that is intended to serve the recreation and open space needs of the immediate surrounding residential area and may include facilities such as playgrounds, athletic fields, tennis and multi-purpose courts, outdoor skating rinks, seating areas, trails and walkways, water play features, interpretive areas, leash-free dog zones, washrooms, concessions, picnic areas, equipment storage buildings and parking. Seasonal Sales Outlet means a Retail Store that is temporary and moveable and that is located on a Lot on a seasonal basis including, but not limited to, a vegetable stand, a refreshment stand and a mobile food cart. Page 18 of 30

19 Schedule D Draft By-law with General Housekeeping Amendments Shore Wall means a Retaining Wall constructed for the purpose of preventing the erosion or collapse of a Shoreline. (2) The definition of Architectural Features is amended to remove cantilevered floor areas. (3) The definition of Day Nursery is deleted. (4) The definition of High Water Mark is amended by deleting the last sentence: For the purpose of this by-law the elevations for the High Water Mark of Lake Simcoe and Lake Couchiching is G.S.C. Datum. (5) The definition of Medical Clinic is amended to read as follows: Medical Clinic means Premises used by more than one Medical Practitioner for the purpose of consultation, diagnosis, or treatment of patients and which may include administrative offices, waiting rooms, or treatment rooms, but shall not include accommodation for in-patient care or facilities for major surgical practice. Uses such as Scientific or Medical Laboratories, dispensaries or Pharmacies may be permitted as Accessory Uses to a Medical Clinic subject to satisfying any additional requirements herein including parking. A Veterinary Clinic is not a Medical Clinic. ii) SECTION 5 GENERAL PROVISIONS is amended as follows: (1) Subsection 5.26 PARKING AND STORAGE OF COMMERCIAL AND RECREATIONAL EQUIPMENT is hereby amended by: i. Changing the heading of the Subsection to Parking and Storage of Commercial Vehicles, Trailers and Recreational Equipment ; ii. Amending the first paragraph to read: No Person shall in any Residential Zone, use any Lot for parking or storage of any Commercial Motor Vehicle, Trailer or Recreational Equipment, except as provided below: (2) Subsection 5.33 SETBACK FROM WATERBODIES AND ENVIRONMENTAL PROTECTION LANDS is amended by: i. Changing the name of this Subsection to SETBACK FROM WATERBODIES ; ii. Deleting the subheading Setback from Waterbodies ; iii. Amending Footnote (3) to Table 5.3 to read: The setback from a Watercourse not in an Environmental Protection Zone shall be measured from top of bank as established by an Ontario Land Surveyor or other qualified party. ; and iv. Deleting Subsection Setback from Environmental Protection Zone Boundary in its entirety. (3) Subsection 5.38 TEMPORARY LAND USES is amended as follows: i. Subsection Hen Coops is renumbered as Subsection ; ii. Subsection Temporary Sales/Rental Offices and Seasonal Sales Uses is hereby deleted and replaced with the following: Page 19 of 30

20 Schedule D Draft By-law with General Housekeeping Amendments Temporary Structures During Construction a) Notwithstanding any other provision of this by-law, Temporary Buildings or Structures that are incidental to construction in progress may be located on a Lot for which a Building Permit has been obtained provided that such Temporary Buildings or Structures are located in compliance with the setback provisions of the Zone. For further clarity, a Temporary Building or Structure may include a construction office or storage building, and for the purposes of this provision, may include Shipping Container(s) for the storage of construction materials; b) The Temporary Structure as described in Subsection a) may remain on a Lot during the term of an active building permit, and shall be removed within 60 days of the date that occupancy is issued by the City for the construction, or in the case of a subdivision, within 60 days following the date that occupancy is issued by the City for the last unit within the Development. In the event that construction is discontinued, the Temporary Structure shall be removed within 60 days of the date the last work is done under the Building Permit; and c) Model Homes may only be located on a Lot or Lots where the City has permitted Model Homes through a Development Agreement Temporary Sales/Rental Offices a) Notwithstanding any other provision of this by-law, temporary sales and/or rental offices may be located on a Lot provided that: i. The sales or rental Use is permitted in the Zone; ii. An agreement has been entered into, to the satisfaction of the City, setting out the duration of the Temporary Use and any other requirements of the City; iii. Parking shall be provided for the Use in accordance with the requirements of this by-law; and iv. The minimum Setback from a Street Line for a Temporary Sales and/or Rental Office shall be 3.0 m, except where the Street Line is Abutting a Provincial Highway, in which case the Setback shall be 14.0 m, and v. The Minimum Setback for a Temporary Sales and/or Rental Office from any Lot Line shall be 1.5 m Seasonal Sales Outlets a) Notwithstanding any other provision of this by-law, a Seasonal Sales Outlet may be located on a Lot provided that: i. The seasonal sales Use is a Permitted Use in the Zone; ii. The Seasonal Sales Outlet meets the Setback provisions of the Zone; and iii. The Seasonal Sales Outlet does not occupy a Required Parking Space. iii) SECTION 6 PARKING AND LOADING STANDARDS is amended as follows: Page 20 of 30

21 Schedule D Draft By-law with General Housekeeping Amendments (1) Subsection Length of Queuing Lane is renamed as Length and Width of Queuing Lane ; the existing text shall be numbered as a) and a new subsection b) is added as follows: b) The Minimum Width of a Queuing Lane shall be 3.0 m. (2) Subsection Off-Street Loading Spaces, is hereby amended by: (a) replacing the paragraph preceding Table 6.8 with the following paragraph: All Commercial and Industrial Uses involving shipping, loading or unloading shall provide and maintain fully accessible and functional on- Premise loading facilities according to the Net Floor Area of the Building or Structure as follows: ; and (b) Changing the Heading of Column 1 in Table 6.8 Loading Space Requirements to Total Net Floor Area. iv) SECTION 7 RESIDENTIAL ZONES is amended as follows: (1) Table 7.6 Residential Four (R4) Zone Exceptions, R4-9i Exception Zone is amended by: (a) adding the following additional Zone Provision: Exterior Yard facing Laclie Street (min.)(units 1 and 35) 2.65 m; and (b) Changing the reference to Holding Zone H3 to Holding Zone H6. (2) Table 7.7 Residential Five (R5) Zone Exceptions, R5-10i Exception Zone is amended by changing the reference to Holding Zone H3 to Holding Zone H6. v) Section 9 COMMERCIAL ZONES is amended as follows: (1) Table 9.6 Mixed Use Intensification (C4) Zone Exceptions, C4-2i Zone Exception is amended by: (a) Changing the heading Permitted Uses to Additional Permitted Uses and (b) Changing the reference to Holding Zone H3 to Holding Zone H6. vi) Section 12, INDUSTRIAL ZONES is amended as follows: (1) Subsection 12.3 PERMITTED USES, Table 12.1 Permitted Uses in Industrial Zones is amended by adding the number (1) in Column 1 beside Motor Vehicle Washing Establishment in association with Motor Vehicle Sales and Service. vii) Section 13, OPEN SPACE, RURAL AND ENVIRONMENTAL PROTECTION ZONES is amended as follows: (1) Subsection 13.3 PERMITTED USES, Table 13.1 Permitted Uses in Open Space, Rural and Environmental Protection Zones is amended by: (a) deleting the row entitled Community Park from the table; (b) adding a new row entitled Seasonal Sales Outlet to Column One, to apply only within the Open Space One (OS1) Zone; Page 21 of 30

22 Schedule D Draft By-law with General Housekeeping Amendments (c) adding the symbol (1) beside the heading Seasonal Sales Outlet ; and (d) adding a new Footnote (1) to Table 13.1 as follows: A Seasonal Sales Outlet shall only be permitted if all other applicable municipal by-laws and regulations are complied with. viii) Section 14 HOLDING ZONES, TEMPORARY USE ZONES AND INTERIM CONTROL ZONES, Table 14.1 Holding Zones is amended by adding the following sentence to Column 3 Conditions of Hold Removal before the existing text for the Holding One (H1), Holding Two (H2), Holding Fifteen (15) and Holding Seventeen (H17) Holding Zones: With respect to the requirement to remediate the site to address and mitigate any known or suspected human made hazard, this Holding Provision shall not apply to prohibit a change of Use of the property to another Permitted Use in the Zone, provided that the proposed Use is not a Sensitive Land Use. ix) General Amendments to Zoning By-law Number The term Day Nursery is replaced throughout the by-law with the term Child Care Centre. x) Schedule A (zone maps) to Zoning By-law Number is amended as follows: By-law Schedule A-1 Property Address 3148, 3150 & 3152 Emperor Dr., 3143 Monarch Dr. & Block 115, Plan 51M-613 Changed from Zone R2 & WRR2 Changed to Zone R2 & WRR Map Schedule Maps 10 & 19 A-2 n/a No Zone OS1 Map 8 2. 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, c. P.13 as amended. day of July, A. D BY-LAW read a first, second and third time and finally passed this 20 th MAYOR CAO/CITY CLERK Page 22 of 30

23 Schedule D Draft By-law with General Housekeeping Amendments Page 23 of 30

24 Schedule D Draft By-law with General Housekeeping Amendments Page 24 of 30

25 Schedule E Draft By-law to establish a Dougall Canal Overlay Zone BY-LAW NUMBER OF THE CITY OF ORILLIA AMENDMENT NUMBER 59 TO BY-LAW NUMBER , THE ZONING BY-LAW FOR THE CITY OF ORILLIA TO INCORPORATE HOUSEKEEPING AMENDMENTS THAT AFFECT LANDS WITHIN THE CITY OF ORILLIA (DOUGALL CANAL OVERLAY ZONE) 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 determined a need to revise Zoning By-law Number , as amended, in a manner that would clarify the provisions of the Zoning By-law in order to facilitate appropriate development and redevelopment and improve the implementation of the Zoning By-law; AND WHEREAS the City of Orillia Official Plan provides for the adoption of zoning regulations as set forth in this by-law 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 By-law Number , as amended, is hereby further amended as follows: i) Section 15, OVERLAY ZONES is amended by adding a new Subsection 15.6 DOUGALL CANAL OVERLAY ZONE as follows: 15.6 DOUGALL CANAL OVERLAY ZONE Notwithstanding Subsections and 15.1 of this By-law, the following provisions shall apply to the Dougall Canal Overlay Zone as shown on Schedules A and B : Shoreline or In-Water Works a) A Building Permit, a Shoreline Development Agreement and/or a Licence of Occupation shall be required at the discretion of the City for all shoreline or in-water works, including Shoreline Structures and Shore Walls, within the Dougall Canal Overlay Zone; b) A 5.0 m Shoreline Buffer Zone shall be established along the shoreline of the Dougall Canal; and c) In-water works in the Dougall Canal shall comply with all applicable municipal by-laws and all applicable provincial or federal legislation Reconstruction of Existing Shoreline Structures Improvements and Structures, including Shore Walls, located on property on the shore of or on the bed of the Dougall Canal as of the date of Page 25 of 30

26 Schedule E Draft By-law to establish a Dougall Canal Overlay Zone passage of this By-law shall be considered as Existing for the purposes of Section 5.19 of this By-law and may be restored to a safe condition or reconstructed subject to the provisions of this Subsection Prohibited Structures and Uses Notwithstanding any other provision of this By-law, in addition to the Prohibited Uses as set out in Subsection 5.29 of this By-law, the following Structures and Uses are specifically prohibited within the Dougall Canal Overlay Zone: a) Boathouses; b) wet boat slips, c) dry boat slips having a permanent roof supported by walls or pillars; d) the use and/or mooring of aircraft; e) marine railways; f) any Structure or combination of Structures which extend perpendicularly more than 5.0 m into the canal, measured from the High Water Mark; g) the mooring of any Watercraft by the use of a free floating anchored structure or an anchored mooring ball; h) any Structure or object that presents an obstacle to navigation; i) the use of mechanical equipment designed to circulate, restrict or prevent the formation of lake ice from November 1 st through March 30 th ; j) the storage or use of Watercraft in the waters of the Dougall Canal between November 15 th and spring ice out; and k) with the exception of the Shoreline Structures specifically permitted in Subsection , there shall be no placement of Buildings, Structures, Landscaping, fences or any other visual impediment, (including stored items), either on a dock or within the Shoreline Buffer Zone, unless such visual impediment is less than 1.0 m in height above the surface of the dock or above the average grade, as applicable Docks One Dock per Lot may be constructed in the Dougall Canal Overlay Zone, provided that: a) the Dock shall be constructed parallel to the shoreline; b) the perpendicular width of a Dock measured from the High Water Mark, shall not exceed 4.0 m; c) a Dock shall be supported only by: i) floatation; and/or ii) cantilevering from the Shore Wall; and/or iii) posts having diameter of less than 16 cm, spaced no less than 1.5 m apart; and d) any boatlift attached to a Dock shall not have walls Access Ramps/Dry Slips One access ramp or dry slip may be constructed per Lot to facilitate access to the Dougall Canal for persons and/or small Watercraft, provided that: Page 26 of 30

27 Schedule E Draft By-law to establish a Dougall Canal Overlay Zone a) the depth of the access ramp or dry slip measured inward from the High Water Mark shall not exceed 7.5 m; b) the access ramp or dry slip shall be set back a minimum of 2.0 m from a Side Lot Line; c) the width of the access ramp or dry slip shall not exceed 3.5 m; and d) the walls of the access ramp or dry slip shall be considered to be Shore Walls for the purposes of this Section and shall be constructed and maintained in a stable manner to prevent erosion or collapse Other Shoreline Structures No other Shoreline Structure shall be constructed in the Dougall Canal Overlay Zone except in accordance with the provisions of Table 15.4: Table 15.4 Shoreline Structure Provisions for Dougall Canal Overlay Zone Column 1 Column 2 Column 3 Column 4 Column 5 Setback Setback Shoreline Structure (1) G.F.A./Size from from Side Height (max.) shoreline Lot Line (max.) (min.) (min.) Detached Deck 30.0 m 2 (2) 4.0 m 2.0 m 0.6 m Gazebo 10.0 m m 2.0 m 3.0 m Other Accessory 10.0 m m 2.0 m 3.0 m Structure Pumphouse 2.0 m m 1.0 m 1.2 m Stairs and Ramps (3) 30.0 m 2 (2) n/a 2.0 m n/a Footnotes for Table 15.4: (1) A maximum of three (3) Accessory Structures, including Shoreline Structures, shall be permitted on a Lot. For the purposes of this provision, a Pumphouse is not an Accessory Structure. (2) The combined area of all Decks, stairs and ramps shall not exceed 30.0 m. (3) The maximum width of stairs and/or ramps shall not exceed 3.0 m Stabilization of Shoreline/Shore Walls The shoreline of the Dougall Canal shall at all times be maintained in a stable state by the use of Shore Walls or other suitable means in order to prevent erosion or collapse of the canal banks. The materials used for stabilization of the shoreline shall include stone, steel or other materials that are not harmful or detrimental to the ecosystem or water quality of the Canal, and shall specifically exclude creosote-coated or pressure treated timber and railway ties No Restriction of Water Flow No Structure or object that has the effect of restricting the natural flow of water shall be placed on or in the bed of the Dougall Canal. ii) Schedules A (Zone Maps) and B (Overlay Zones) to Zoning By-law Number are amended by: i. Deleting the Shoreline Buffer Overlay Zone from the area as shown on Schedule A-1 to this by-law; and Page 27 of 30

28 Schedule E Draft By-law to establish a Dougall Canal Overlay Zone ii. Adding a new Dougall Canal Overlay Zone as shown on Schedule A-1 to this by-law. iii) iv) Schedule A (Zone Maps) is amended by changing the Zone Symbol for the property known municipally as 420 Dale Drive from the Residential One (R1) Zone to the Residential One Exception Eight (R1-8) Zone as shown on Schedule A2 to this by-law. Section 7, RESIDENTIAL ZONES, Section 7.5, Table 7.3, Residential One (R1) Zone Exceptions, is amended by adding the following additional Exception Number to the end of the table: Column 1 Column 2 Exception Number Exception R1 EXCEPTIONS R1-8 Zone Provisions: Notwithstanding Subsection f), the combined width of permitted Structures or a combination of permitted Structures may extend perpendicularly a maximum of 6.5 m into the Dougall Canal, measured from the High Water Mark. 2. 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, c. P.13 as amended. day of July, A. D BY-LAW read a first, second and third time and finally passed this 20 th MAYOR CAO/CITY CLERK Page 28 of 30

29 Schedule E Draft By-law to establish a Dougall Canal Overlay Zone Page 29 of 30

30 Schedule E Draft By-law to establish a Dougall Canal Overlay Zone Page 30 of 30