CITY OF ORILLIA A G E N D A - Document Center

CITY OF ORILLIA

Public Meeting of Council re Planning Matters Monday, July 18, 2016 - 6:00 p.m.

Council Chamber, Orillia City Centre

A G E N D A

Page Call to Order

Approval of Agenda

Disclosure of Interest

Purpose of Meeting - Mayor S. Clarke

To present two proposed Zoning By-law Amendments.

Application #1

Applicant Orillia Soldiers' Memorial Hospital - 152 Mississaga Street West

Correspondence

3 - 23 1. Development Services Department - re Staff Report DS-16-31 - Application for a Zoning By-law Amendment - Orillia Soldiers' Memorial Hospital - 152 Mississaga Street West. File: C01-2016-

THAT as recommended in the report dated June 30, 2016 from the Development Services Department, the Draft Zoning By-law Amendment for Application No. D14-847 (Orillia Soldiers’ Memorial Hospital - Temporary Use By-law - 152 Mississaga Street West) be presented to Council for its consideration at the next available meeting.

Application #2

Applicant The Lighthouse Soup Kitchen and Shelter - 75 Queen Street

Correspondence

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5 - 63 1. Development Services Department - re Staff Report DS-16-32 - Application

for a Zoning By-law Amendment - The Lighthouse Soup Kitchen and Shelter - 75 Queen Street. File: C01-2016-

THAT as recommended in the report dated July 12, 2016 from the Development Services Department, Council exempt Zoning By-law Amendment Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter - 75 Queen Street) from City of Orillia Policy 8.3.1.3 - Public Meetings, thereby eliminating the minimum 14 day “cooling off period” prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendment for Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter - 75 Queen Street) be presented to Council for its consideration at the July 18, 2016 meeting.

Explanation of Appeal Procedures - Jeff Duggan, Senior Planner

Adjournment

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CITY OF ORILLIA TO: Council - Public Planning Meeting of July 18, 2016

FROM: Development Services Department

DATE: June 30, 2016

REPORT NO: DS-16-31

SUBJECT: Application: Zoning By-law Amendment Applicant: Orillia Soldiers’ Memorial Hospital Property: 152 Mississaga Street West File No.: D14-847

Recommended Motion THAT the Draft Zoning By-law Amendment for Application No. D14-847 (Orillia Soldiers’ Memorial Hospital - Temporary Use By-law - 152 Mississaga Street West) be presented to Council for consideration at the next available meeting. Purpose The purpose of this Report is to present Zoning By-law Amendment Application D14-847 (Orillia Solders Memorial Hospital - 152 Mississaga Street West) to Council for consideration, together with an analysis of relevant land use planning policies and comments from City Departments and external agencies. The applicant is seeking Council’s approval to rezone the subject property under a Temporary Use By-law to permit a stand-alone parking lot, subject to site specific performance standards. The proposed term for the Temporary Use By-law would be three (3) years. Background and Key Facts

• The subject property is located at 152 Mississaga Street West and has a frontage of 42.7 m (140.2 ft) on Mississaga Street West, and an area of approximately 2104.4 m2 (0.52 acre).

• The property, purchased by the hospital in approximately 2008-2009, was previously the site of three separate buildings with separate addresses:

o 150 Mississaga Street West – formerly used as Orillia Soldiers’ Memorial Hospital (OSMH) Foundation office, building was demolished in 2010;

o 154 Mississaga Street West – formerly a residence, building was demolished in 2010; and

o 158 Mississaga Street West – formerly a residence, building was demolished in 2010.

• In 2009, OSMH applied for a site-specific Zoning By-law Amendment under City File D14-764 in order to permit a stand-alone parking lot. This application was approved and a site-specific zoning was applied to the property under the City’s former Zoning By-law 2005-72.

• Upon approval of the Zoning By-law Amendment, the properties were consolidated by way of a Deeming By-law and the current address of 152 Mississaga Street West was assigned.

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• A concurrent application for Site Plan Approval was made by OSMH under City File D11-177. The proposal submitted in the Site Plan Control Application was for a paved parking lot with appropriate stormwater management, landscaping and lighting (refer to Schedule “A”).

Figure 1: Location Map of Subject Property • In October of 2010, a draft Site Plan Agreement was provided to OSMH with a

letter outlining the conditions to be fulfilled prior to the execution of a Site Plan Agreement.

• No further action was taken by OSMH towards finalizing the Site Plan Agreement.

• Since approximately 2011, OSMH has continued to utilize the subject property as a gravel-surfaced parking lot, which is contrary to the City’s Zoning By-law. The City’s Zoning By-law requires any area utilized for the parking of more than four vehicles to be paved.

• During the development of the City’s current Zoning By-law 2014-44, a review was undertaken with respect to site-specific rezonings that had been completed under the City’s previous Zoning By-law. Generally speaking, on sites such as this where the works contemplated by the site-specific zoning were not progressing, the site-specific zoning was not carried forward into the new Zoning By-law.

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• The property is currently zoned “Health Care Two” (HC2) under Zoning By-law 2014-44. The Health Care Two (HC2) Zone does not permit a stand-alone parking lot.

• During several meetings with City staff since 2013, OSMH has advised that the reason that it does not wish to complete the originally proposed asphalt surfaced parking lot is that the overall “Master Plan” for the hospital has not been completed.

• The decision to make application for a Temporary Use By-law was arrived at through communications between City staff and OSMH in order to rectify what is currently a use of the subject property that is technically in contravention of the Zoning By-law.

Source: Google Street View (image capture: May 2015) Figure 2: Street View of Subject Property (May 2015) View of subject property looking north from Mississaga Street West

Source: Simcoe County Interactive Mapping (image capture: 2013)

Figure 4: Aerial View of Subject Property

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Options & Analysis OPTION 1 THAT the Draft Zoning By-law Amendment for Application No. D14-847 (Orillia Soldiers’ Memorial Hospital – Temporary Use By-law - 152 Mississaga Street West) be presented to Council for consideration at the next available meeting. This option is recommended for the following reasons:

• The use of the property as a stand-alone gravel-surfaced parking lot is currently in contravention of the City’s Zoning By-law.

• OSMH has represented to the City that the improvements on this property as contemplated in the previous site plan submission (including paving, landscaping, lighting, pedestrian walkways, etc.) may be an imprudent use of its resources at this time, since the ultimate future use of this property has not yet been determined.

• Potentially, the subject property may be the site of a future building associated with the hospital such as a clinic, and therefore to establish a formal paved parking lot with associated stormwater infrastructure, etc. would increase the cost (to OSMH) of a future redevelopment of the property since the infrastructure would likely need to be altered or replaced.

• A Temporary Use By-law would permit the existing use of the property to legally continue in the short term. The maximum term that can be allowed under the provisions of Section 39 of the Planning Act through a Temporary Use By-law is three (3) years. Extensions of the term of the By-law may be applied for pursuant to the provisions of the Planning Act. Under the provisions of the Planning Act, a use established under a Temporary Use By-law can never attain a “legal non-complying” status and therefore once the Temporary Use By-law finally expires, the use is required to cease.

• OSMH has agreed to enter into an Undertaking Agreement with the City (refer to Draft – Schedule “E”). The terms of the Undertaking Agreement would include replacement of the plastic construction fencing at the frontage of the property with a more permanent, commercial-grade black chain link fence, and a requirement for regular dust control measures on the gravel-surfaced lot. The Undertaking Agreement is proposed to incorporate the “as-built” plan of the lot (Schedule “B”). The agreement is also proposed to contain a condition that, should OSMH decide to pave the lot, a full rezoning application would be required and that stormwater management, buffering, landscaping, lighting and pedestrian walkways within the site would be in strict compliance with all legislative requirements. Staff propose to have the Undertaking Agreement signed and all required fees, deposits and securities in place prior to the return of this matter for Council’s consideration on August 22, 2016.

A more detailed analysis of how the Zoning Amendment application satisfies the intent of each of the relevant planning documents is contained within Schedule “C” (attached hereto). Schedule “D” (also attached) is a copy of the Draft Amending Zoning By-law.

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OPTION 2 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment Application No. D14-847 (Orillia Solders Memorial Hospital – Temporary Use By-law - 152 Mississaga Street West) for reasons to be determined by Council. This option is not recommended, as it would have the effect of the application being deferred until such time as the applicant addresses any requests or concerns that may be identified by Council as a result of the input gathered at the Public Meeting. In this option, minor amendments to the proposal or application would be requested, but a further public meeting not required. Although not recommended at the time of this report’s submission, it may be deemed appropriate to pursue Option 2 as a result of comments that may be received at the Public Planning Meeting. OPTION 3 THAT Council defer its decision with respect to Draft Zoning By-law Amendment Application No. D14-847 (Orillia Soldiers’ Memorial Hospital – Temporary Use By-law - 152 Mississaga Street West) for reasons to be determined by Council. AND THAT another Public Meeting be scheduled. This option would have the effect of deferring Council’s consideration of the application until such time as significant changes have been made to the proposal or the application. The changes envisioned in this option would be large enough in scope to require an additional public meeting. This option is not recommended. Financial Impact All costs of this application have been paid by the applicant. Comments from Departments/Agencies Notice of this application has been circulated to all Departments and agencies as prescribed under O. Reg. 545/06 of the Planning Act. The following Departments responded to the Departmental/Agency circulation:

• Building Department – No concerns • Environmental Services – No concerns • Fire Department – No concerns

No additional comments have been received. Comments from Committees No comments were solicited or obtained from any of the City’s Committees with respect to this application.

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Public Comments No public comments were received with respect to this application. Communications

o A sign outlining the details of the proposed Zoning By-law Amendment was posted on the subject property on June 23, 2016.

o A combined Notice of Application/Notice of Public Meeting was advertised in the City Bulletin City section of the Orillia Packet & Times newspaper on June 23, 2016 and sent via first class mail to all agencies and bodies as prescribed by the Planning Act and to all property owners within 120 metres of the subject property.

Link to Strategic Plan The recommendation included in this report supports the following goals identified in Council’s Strategic Plan:

• Support Business – o Supporting Existing Businesses and Industry

Conclusion Staff recommends that the Draft Zoning By-law Amendment for Zoning By-law Amendment Application No. D14-847 (Orillia Soldiers’ Memorial Hospital – Temporary Use By-law – 152 Mississaga Street West) be presented to Council for consideration at the next available Council meeting. Prepared by & Key Contact: Susan Votour, CPT, ACST, Planning Coordinator

Approved by: Ian Sugden, MCIP, RPP

Director of Development Services Schedule “A” - Previously Approved Site Plan (paved parking lot) Schedule “B” - Proposed “As Built” Site Plan (gravel-surfaced parking lot) Schedule “C” - Review of Applicable Legislation and Policies Schedule “D” - Draft Temporary Use By-law Schedule “E” - Draft Undertaking Agreement

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Schedule “A” – Previously Approved Site Plan (Paved Parking Lot)

H:\COUNSERV\AgendaC\July18\Planning\OSMH.docx

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Schedule “B” – Proposed “As Built” Site Plan (Gravel-Surfaced Parking Lot)

H:\COUNSERV\AgendaC\July18\Planning\OSMH.docx

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Schedule “C” – Review of Applicable Legislation and Policies Provincial Policy Statement, 2014 (“PPS, 2014”)

• The PPS, 2014 provides direction on matters related to land use planning and development that are considered to be of Provincial interest.

• The PPS, 2014 guides decisions on development applications in order to achieve appropriate patterns of development and to protect cultural and natural resources.

• The Planning Act requires that municipal decisions on land use planning matters be consistent with the policies of the PPS, 2014.

• The City of Orillia is identified as a “settlement area” under provincial policies. • Municipalities are encouraged to promote standards of development that enable

“intensification, redevelopment and compact form”. (Policy 1.1.3.4) • This application is consistent as it enables a functional use of the property while

preserving an opportunity for future redevelopment of this property. • The application is consistent with the policies, goals and objectives of the PPS,

2014. Growth Plan for the Greater Golden Horseshoe, 2006, as amended (the “Growth Plan”)

• The Growth Plan is established as a long-term plan outlining the Province’s vision for building complete communities, and is intended to guide decisions relating to population and employment growth in order to, amongst other objectives, optimize the use of existing and future infrastructure.

• While the Growth Plan does not contain specific policies around parking, one of the Guiding Principles (Section 1.2.2) is to “plan and manage growth to support a strong and competitive economy”.

• The application does not offend any policies of the Growth Plan. Lake Simcoe Protection Plan (the “LSPP”)

• The subject property is located within the Lake Simcoe watershed. As the proposed parking lot is not intended to be paved, no action with respect to stormwater control or phosphorus reduction is required to be taken at this time. The Undertaking Agreement will contain requirements to address the provisions of the Lake Simcoe Protection Plan if the parking lot is proposed to be paved in the future.

City of Orillia Official Plan • The subject property is designated “Downtown Area – Hospital District” • The objectives of the “Hospital District” designation include:

o “to provide opportunity for medical-related services, while ensuring that any new development is compatible with and/or well buffered from existing adjacent residential uses.”

o “it is also the intent of the City to recognize Orillia Soldiers’ Memorial Hospital as a major community stakeholder, which helps define the community identity while providing health care services and employment opportunities”.

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Schedule “C” – Review of Applicable Legislation and Policies

• Consideration of this application to accommodate a temporary use during the period while OSMH is developing its Master Plan is in compliance with the objectives of the Hospital District Designation.

• Permitted uses within the Hospital District Designation include: “parking facilities at-grade or in a structure”.

• The proposal to provide parking facilities at grade complies with the permitted uses in the Hospital District Designation..

• The Development Policies in the Hospital District Designation state as follows: o “Parking lots, as a stand-alone use, may only be permitted by way of an

amendment to the Zoning By-law. In considering an amendment to the Zoning By-law to permit the creation of a parking lot, Council shall consider the following criteria:

i) The proposed parking area will help satisfy an identified parking shortage in the area;

ii) The proposed parking area shall be adjacent to, or directly across from, an existing parking area and is well buffered from adjacent residential uses;

iii) The total parking area shall have a minimum of 30 parking spaces; iv) There is the opportunity to incorporate compatible landscaping and

vegetation in the parking area design; v) There is the opportunity to incorporate safe pedestrian linkages

between the public sidewalk and the proposed parking area; vi) Completion of a functional storm water management plan and a

traffic impact analysis completed to the satisfaction of the City; and vii) Conformity to the “Design Policies for the Downtown Area” of this

plan.” • The current application for an amendment to the Zoning By-law to permit a

stand-alone parking lot is in compliance with the Development Policies of the Hospital District Designation. Further, the parking lot:

o assists with alleviating a parking shortage associated with the hospital; o Is adjacent to and directly across from existing parking areas; o Has 61 parking spaces (exceeding the minimum of 30); o Contains a safe pedestrian linkage between the parking area and the

sidewalk (two of the three driveways associated with the property have been barricaded by a temporary fence, and will be blocked off by a new, more permanent fence).

o Landscaping, vegetation and stormwater management will be addressed in the Undertaking Agreement as issues to be considered should OSMH choose to eventually pave the Parking Lot.

• The “Design Policies for Parking and Loading” within the “Design Policies for the Downtown Area” indicate that “surface parking … shall be appropriately screened from view from the road”.

• The proposed fence will provide sufficient screening during the term of the Temporary Use By-law. The application conforms to the intent and policies of the City’s Official Plan.

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Schedule “C” – Review of Applicable Legislation and Policies City of Orillia Zoning By-law 2014-44, as amended

• The subject property is currently zoned “Health Care Two” (HC2) under Zoning By-law 2014-44, as amended.

• The permitted uses in the Health Care Two Zone do not include “Parking Lot” and therefore a site-specific zone is proposed to be created to add “Parking Lot” as an additional permitted use on this property.

• The proposed site-specific zoning for the property would recognize the following deficiencies with respect to the current zoning by-law requirements:

• Permitted Use - Parking Lot • Surface Treatment of Parking Area – stable surface treated to prevent

the raising of dust or loose particles • Concrete barrier curbs - not required • Marking of Parking Spaces - not required • Landscaped Buffer Area (Abutting Public Street) – 0 m • Landscaped Screening Strip (Abutting Public Street) – a fence having

height of no more than 2.0 m is required along frontage of property on Mississaga Street West with the exception of the easterly driveway entrance and associated 3.0 m Sight Triangles.

• Landscaped Screening Strip (abutting Residential Zone) – opaque fence having minimum height of 1.5 m

• The proposal complies with the provisions of the Zoning By-law in all other respects.

Public Open House

• City Policy 8.3.1.2 requires that “[for] applications [proposing] … large-scale or infill developments”, a Public Open House be held. A Public Open House was not held as this application is considered by Development Services Staff to be neither a large-scale or infill development requiring additional public consultation.

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Schedule “D” – Draft Temporary Use By-law

BY-LAW NUMBER 2016-XX OF THE CITY OF ORILLIA AMENDMENT NUMBER xx TO BY-LAW NUMBER 2014-44, THE ZONING BY-LAW FOR THE CITY OF ORILLIA (ORILLIA SOLDIERS’ MEMORIAL HOSPITAL – 152 MISSISSAGA STREET WEST)

WHEREAS the Council of the Corporation of the City of Orillia may pass

by-laws pursuant to Section 34 and 39 of the Planning Act, R.S.O. 1990, as amended;

AND WHEREAS the Council of the Corporation of the City of Orillia has

received an application for a Temporary Use By-law (Zoning By-law Amendment) with

respect to the property municipally known as 152 Mississaga Street West;

AND WHEREAS the Council of the Corporation of the City of Orillia

deems the said application to be in conformity with the Official Plan of the City of Orillia,

as amended, and deems it advisable to amend By-law Number 2014-44, as amended.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE

CITY OF ORILLIA HEREBY ENACTS AS FOLLOWS:

1. THAT Map Number xx of Schedule “A” to By-law Number 2014-44, as

amended, is hereby further amended by changing the zoning of the lands identified on

Schedule “A-1” attached from the “Health Care Two” (HC2) Zone to the “Health Care

Two Exception XX – Temporary Use One” (T1-HC2-XX) Zone.

2. THAT Section 11.5 “Institutional and Health Care Zone Exceptions” of By-

law Number 2014-44, as amended, shall be amended by adding the following Zone

Exception to the end of Table 11.7 “Health Care Two (HC2) Exceptions”:

Column 1 Column 2

Exception Number Exception

HC2-5 Additional Permitted Uses: • Parking Lot

Zone Provisions:

• Surface Treatment of Parking Area – stable surface treated to prevent the raising of dust or loose particles

• Concrete barrier curbs - not required • Marking of Parking Spaces - not required • Landscaped Buffer Area (Abutting Public Street) – 0

m • Landscaped Screening Strip (Abutting Public Street)

– a fence having height of no more than 2.0 m is Required along the Front Lot Line on Mississaga

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Street West with the exception of the easterly driveway entrance and associated 3.0 m Sight Triangles.

• Landscaped Screening Strip (abutting Residential Zone) – opaque fence having minimum height of 1.5 m

See Temporary Use Zone T1 in Table 14.2.1

3. THAT Section 14.1 “Holding Zones, Temporary Use Zones and Interim Control

Zones” of Zoning By-law Number 2014-44, as amended, shall be amended by

adding the following Temporary Use Zone to the end of Table 14.2.1:

Column 1 Column 2 Column 3 Column 4 Column 5 Municipal Address

Temporary Use Number

Temporary Uses Permitted Date Enacted

Date Expires

152 Mississaga Street West

T1 A stable-surfaced Parking Lot in accordance with the Zone Provisions listed in the Health Care Two Exception Five (HC2-5) Zone in Table 11.7 of this by-law.

xxx, 2016 xxx, 2019

4. THAT this by-law shall take effect as of the date of passing, subject to the

provisions of the Planning Act, R.S.O. 1990, Chap. P.13 as amended.

5. THAT this by-law shall expire three years from the date of passing

pursuant to Subsection 39(2) of the Planning Act.

BY-LAW read a first, second and third time and finally passed this XX day

of XX, A. D. 2016.

_____________________________________ MAYOR _____________________________________ CAO/CITY CLERK

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Schedule “E” – Draft Undertaking Agreement

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UNDERTAKING AGREEMENT

SUBJECT PROPERTY: 152 Mississaga Street West (Municipal Address)

THIS AGREEMENT made in triplicate this day of , 2016 BETWEEN:

ORILLIA SOLDIERS’ MEMORIAL HOSPITAL (Hereinafter referred to as the “Owner”)

- and –

THE CORPORATION OF THE CITY OF ORILLIA (Hereinafter referred to as the “City”)

WHEREAS the City of Orillia Site Plan Control Area By-law (Chapter 363 of the City of Orillia Municipal Code) requires that Site Plan Control shall apply to the laying out and establishment of a commercial parking lot; AND WHEREAS the Owner has established a commercial parking lot on the Owner’s lands municipally known as 152 Mississaga Street West, as more particularly described on Schedule “A” attached to and forming part of this Agreement (hereinafter referred to as the “Lands”); AND WHEREAS the Owner has made application to the City for a Temporary Use By-law under City File No. D14-847 to permit this Use of the subject property on a temporary basis; AND WHEREAS the City has agreed to permit the temporary use of the Lands as a commercial parking lot subject to site-specific zone provisions as set out in the Temporary Use By-law and subject to the Owner entering into this Agreement with the City; AND WHEREAS Section 41(10) of the Planning Act permits the registration of this Agreement against the Lands to which it applies; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT: IN CONSIDERATION of the premises and other good and valuable consideration, the receipt and sufficiency whereof the parties irrevocably acknowledge, the parties agree as follows: 1. Definitions

All italicized terms in this Agreement shall have the meaning as set out in Zoning By-law 2014-44, as amended, of the City of Orillia passed by Council on June 2, 2014.

2. Development in Accordance with Approved Plans

The Owner shall develop the Lands in accordance with the plans and drawings as set out in Schedule ‘B’ to this Agreement as approved by the Director of Development Services (hereinafter referred to as the “Approved Plans”), including all notations and depictions as noted thereon.

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3. Fees, Deposits and Securities 3.1 Prior to the execution of this Agreement by the City, the Owner shall provide the

fees, deposits and securities as set out on Schedule “C” to this Agreement in the form of a certified cheque payable to the City.

3.2 Deposits and securities taken in connection with this Agreement shall be released as follows:

i) Legal Deposit: Following registration of this Agreement against title to the Lands and payment of the invoice of the City’s solicitor for services rendered, any surplus of the Legal Deposit shall be refunded to the Owner.

ii) Development Deposit: Upon completion of the works as set out on the Approved Plans, the Owner(s) shall submit a request for refund of the Development Deposit. The Director of Development Services may permit the release of the Development Deposit provided that he or she, in his or her sole discretion, is satisfied that the works have been completed in accordance with the Approved Plans.

4. Future Use of Lands 4.1 Maintenance

The Owner shall maintain and keep in good repair all on-site works in accordance with the Approved Plans and specifications.

4.2 Snow Removal

The Owner shall, at the Owner’s expense, remove snow stored in the snow storage areas as required from time to time, to make certain that snow or meltwater will not encroach on the abutting properties.

4.3 Dust Control

The Owner shall, at the Owner’s expense, apply dust control measures on the Lands as follows: a) An application of a high performance dust control agent satisfactory to the City

shall be made in the spring of each year. For the purposes of this Agreement, “Spring” shall be defined as following complete snow melt and prior to July 1st.

b) A second application of the dust control agent shall be made during the month of August in each year.

c) Following each application of the dust control agent, the Owner shall advise the City of completion and the City shall have the opportunity to conduct an inspection.

d) The Owner agrees to make any additional application of a dust control agent as reasonably required by the City.

4.4 Paving

If the Owner intends to complete paving on the Lands, the Owner agrees to first make application to the City for a Zoning By-law Amendment to permit the Use of the property as a Parking Lot on a permanent basis. In the event that the said application is approved by Council and that a by-law under Section 34 of the Planning Act is passed to permit the Use, and no appeals to the Ontario Municipal Board are filed, the Owner may proceed with paving on the Lands provided that: a) the Owner has submitted a complete application to the City for an amendment to

this Agreement, which application shall include, but not be limited to:

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i. a site plan drawing satisfactory to the City demonstrating compliance with the provisions of the City’s Zoning By-law with respect to surfacing, curbing, pavement marking, pedestrian walkways, Landscape Buffer Areas, Landscaped Screening Strips and any other requirements of the Zoning By-law that are applicable to the development;

ii. an engineered lot grading and stormwater management plan satisfactory to the City which addresses, among other applicable requirements, the provisions of the Lake Simcoe Protection Act and the Lake Simcoe Protection Plan; and

iii. any other studies and reports as required by the City; b) all fees, securities and deposits required by the City in connection with the

amendment to this Agreement as set out in the preceding paragraph 4.4 a) have been paid, the amendment has been executed by all parties and registered on title.

4.5 Other Use At the City’s sole discretion, any changes to the Use and/or the configuration of the

Lands may require an Amendment to this Agreement.

5. Registration on Title This Agreement, and any Amendment thereto, shall be registered on title to the Lands at the expense of the Owner. The Owner consents to registration of this Agreement and any Amendment thereto, on title to the Lands. The City shall not require any postponement of existing encumbrances in favour of this Agreement.

6. Timing for Completion of Fence Construction The Owner shall complete the construction of the new chain link fence at the front lot line of the Lands (along Mississaga Street West) as shown on the Approved Plan within six (6) months of the date of signing this Agreement. The Owner may request extension(s) of the time for completion of the fence construction by submitting a letter to the Director of Development Services, with extension(s), if any, to be granted at the sole discretion of the Director of Development Services.

7. Remedies on Default If, in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the City to realize on its security or deposits, then the City (its servants, agents or sub-contractors) shall, if the City so elects, have the right and privilege at all times to enter upon the Lands for the purpose of repairing or completing any work required to be completed by the Owner under this Agreement or for taking any corrective measures to prevent negative impacts. In such event, the Owner hereby releases and indemnifies the City from and against all claims, demands, actions or causes of actions whatsoever arising as a result of the City or its servants or agents entering upon the lands for the purpose of repairing or completing such work.

Any cost of the repair or completion of the works which exceeds the amount of security held by the City shall be charged to the Owner.

8. Right to Enter The Owner hereby agrees to allow access to the Lands by City staff on mutually agreed upon days and times for the purposes of conducting site inspections in order that the City

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may confirm that any or all of the works or other requirements contemplated in this Agreement have been completed to the satisfaction of the Director of Development Services.

9. Notice to Purchasers The Owner hereby agrees to insert the following clause into any Agreement of Purchase and Sale relating to the Lands:

“The Purchaser acknowledges and agrees that title to the lands is subject to a Undertaking Agreement between the Owner and the Corporation of the City of Orillia which is binding on subsequent Owners.”

10. Successors and Assigns

This Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the parties hereto.

11. Execution IN WITNESS WHEREOF the parties hereto have set their hands and seals. Signed by the Owner on the ____ day of , 2016.

ORILLIA SOLDIERS’

MEMORIAL HOSPITAL _______________________________ Name Office _______________________________ Name Office “I/we have authority to bind the corporation.”

Signed by the City on the ____ day of , 2016.

THE CORPORATION OF THE CITY OF ORILLIA _______________________________ Ian Sugden, MCIP, RPP Director of Development Services “I have authority to bind the corporation.”

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SCHEDULE ‘A’

TO AN UNDERTAKING AGREEMENT BETWEEN ORILLIA SOLDIERS’ MEMORIAL HOSPITAL AND THE CORPORATION OF THE CITY OF ORILLIA

DESCRIPTION OF LANDS

Legal Description:

Firstly: Part of Lots 16 and 17, North side of Mississaga Street, Registered Plan 226, City of Orillia, County of Simcoe, save and except Part 3, Plan 51R-37517; being all of PIN 58649-0114 Secondly: Part of Lots 17 and 18, North side of Mississaga Street, Registered Plan 226, City of Orillia, County of Simcoe, save and except Part 2, Plan 51R-37517; being all of PIN 58649-0116 Thirdly: Part of Lot 18, North side of Mississaga Street, Registered Plan 226, City of Orillia, County of Simcoe, save and except Part 1, Plan 51R-37517; being all of PIN 58649-0118

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SCHEDULE ‘B’


APPROVED PLANS

1. Site Plan

Drawing Name: Site Plan – As Built Drawing No. OSM-09258-AB Prepared by: Jones Consulting Group Ltd. Dated: June 7, 2016 (Revised July 8, 2016)

The foregoing plan is hereby incorporated by reference and forms part of this Agreement. Copies of the Approved Plan may be viewed at Orillia City Centre, 50 Andrew Street South, Suite 300, Orillia during regular business hours.

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SCHEDULE ‘C’


FEES, DEPOSITS AND SECURITIES

Legal Deposit $ 500.00 Securities – Fencing Cost to erect 5 ft high commercial Chain link fence along lot line at Mississaga Street West exclusive of Entrances $3,598.00 13% HST 467.74 Total Cost $4,065.74 Securities – 10% $ 406.57 Total Deposits and Securities $ 906.57

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H:\PLANNING\D14 Zoning\2016\D14-845 New Path Foundation (Lighthouse Shelter)_75 Queen Street\5. Report\RPT_DS_16_32_Lighthouse.docx

CITY OF ORILLIA TO: Council – Public Planning Meeting of July 18, 2016

FROM: Development Services Department

DATE: July 12, 2016

REPORT NO: DS-16-32

SUBJECT: Application: Zoning By-law Amendment Applicant: The Lighthouse Soup Kitchen and Shelter Property: 75 Queen Street File No.: D14-845

Recommended Motion THAT Council exempt Zoning By-law Amendment application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) from City of Orillia Policy 8.3.1.3 thereby eliminating the minimum 14 day “cooling off period” prior to Council making a decision on the application; AND THAT the Draft Zoning By-law Amendment for Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) be presented to Council for consideration at the July 18th, 2016 meeting. Purpose The purpose of this Report is to present Zoning By-law Amendment Application D14-845 to Council for consideration, together with an analysis of relevant land use planning policies and comments from City Departments and external agencies. The applicant is seeking Council’s approval to re-zone the subject property to permit land uses with associated parking requirements in addition to the uses permitted within the Mixed Use Intensification (C4i) Zone. The additional proposed uses include: Community Food Centre; Emergency Shelter; Interim Residential Unit; and, Safe Bed Facility. Background and Key Facts

• The subject property is located on the south side of Queen Street between Front Street South and West Street South and is adjacent to the Matchedash Street South unopened road allowance. (Figure 1)

• The total area of land subject to the application is 9,600 m2 (approximately 2.3 acres), with 64 metres (201 feet) of frontage abutting Queen Street.

• The subject property is essentially vacant with one remaining metal storage building. • The surrounding land uses include:

• North: The property is bound to the north by Queen Street. The property north of Queen Street is vacant.

• East: The property is bound to the east by the unopened Matchedash Street road allowance. On the east side of the road allowance is the Common Roof Building which houses a variety of administrative offices for local not-for-profit organizations.

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• South: The property is bound to the south by a parking lot utilized by the Thor Motors dealership.

• The property is bound to the west by a primarily vacant lot which was once used for industrial purposes.

Figure 1: Location Map of Subject Property

• The subject property is designated “Downtown Area - Central Core Intensification Area” in the City’s Official Plan, as amended (Figure 2) and is currently zoned “Mixed Use Intensification – Intensification Area” (C4i) under Zoning By-law 2014-44, as amended. (Figure 3)

• In support of the application, a Stage 1 Archaeological Assessment prepared by Amick Consultants Limited and entered into the Ontario Public Register of Archaeological Reports on June 6, 2016 concluded that no archaeological sites or resources were encountered and that no further Stage 2 archaeological assessment was required.

• A Record of Site Condition (Registration Number 78915) as per Part XV.1 of the Environmental Protection Act, was been completed and accepted by the Ministry of the Environment and Climate Change on June 7, 2010.

• A Functional Servicing Brief has been prepared by PEL Pinestone Engineering Ltd. and submitted to the City.

• Due to a mapping error, Schedule “A” of Zoning By-law 2014-44, as amended, identifies the subject property as being subject to a Hold (H1).

• The Hold (H1) was previously removed by By-law 2010-95 and the Zoning By-law mapping will be updated accordingly to reflect this. (Schedule “A”)

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• The “Waste Disposal Assessment Area Overlay Holding Zone” applies to this property which is proposed to be removed as part of this application. (Schedule “B”)

• The subject property lies within the Intake Protection Zone 2 Overlay Zone. • The City’s Active Transportation Plan proposes a multi-use trail adjacent to the subject property

along the unopened Matchedash Street road allowance. (Figure 5) • There is an existing snowmobile trail opposite the site on the north side of Queen Street. • The purpose of the Zoning By-law Amendment application is to add the following uses, with

associated definitions and parking requirements to those currently permitted within the C4I Zone.

• Community Food Centre; • Emergency Shelter; • Interim Residential Unit; and, • Safe Bed Facility. (Schedule “C”)

• As the proposed additional uses are not currently defined within the City’s Zoning By-law, they are not considered to be permitted.

• There is no development concept proposed at this time. • The existing uses normally permitted within the C4i Zone are proposed to remain. • The applicant has requested that Council consider making a decision on the application at the

July 18, 2016 Council meeting. (Schedule “D”)

Figure 2: Aerial View (Source 2016 Google Map Data)

.

Unopened Matchedash Street Road Allowance

Subject Property

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Figure 3 – Excerpt from the Official Plan Figure 4 – Excerpt from Zoning By-law Schedule B (Downtown Area) 2014-44, Map 23

Figure 5: Active Transportation Facilities

Options & Analysis Option 1 – Recommended Option THAT Council exempt Zoning By-law Amendment application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) from City of Orillia Policy 8.3.1.3 thereby eliminating the minimum 14 day “cooling off period” prior to Council making a decision on the application;

Subject Property

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AND THAT the Draft Zoning By-law Amendment for Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) be presented to Council for consideration at the July 18th, 2016 meeting. In summary, this option is recommended as the proposed Zoning By-law Amendment Application: • is consistent with the Provincial Policy Statement (PPS) 2014; • conforms to the applicable policies of:

o the Growth Plan for the Greater Golden Horseshoe (Growth Plan) 2006, as amended; o the Lake Simcoe Protection Plan (2009), and o the City of Orillia Official Plan (August 2013)

• is generally in keeping with the Downtown Tomorrow Plan (2012). A more detailed analysis of how the intent of each of the above-noted planning documents has been met is contained within Schedule “E” (Official Plan and Zoning By-law) and Schedule “F” (other applicable legislation and policy). Option 2 THAT the Draft Zoning By-law Amendment for Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) be presented to Council for consideration at the August 22nd, 2016 meeting. This option would have the effect of maintaining compliance with City Policy 8.3.1.3 and would result in the application being deferred until the “cooling off” period was complete. This option is not recommended due to the additional time (35 days) required prior to Council making a decision. OPTION 3 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment for application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) for reasons to be determined by Council. This option would have the effect of the application being deferred until such time as the applicant addresses any requests or concerns that may be identified by Council as a result of the input gathered at the Public Meeting. In this option, minor amendments to the proposal or application are anticipated, and a further public meeting would not likely be required. This option is not recommended, but may be deemed appropriate further to comments received at the Public Planning Meeting. OPTION 4 THAT Council defer its decision with respect to the Draft Zoning By-law Amendment for Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) for reasons to be determined by Council. AND THAT another Public Meeting be scheduled. This option would have the effect of deferring Council’s consideration of the application until such time as significant changes have been made to the proposal or the application. The changes envisioned in this option would be large enough in scope to likely require an additional public

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meeting. This option is not recommended but may be deemed appropriate further to comments received at the Public Planning Meeting. Financial Impact If the Zoning By-law Amendment application is approved, the applicant will be required to pay all fees, charges, and securities applicable to the development of the subject property as part of the Site Plan approval process and prior to the issuance of Building Permits. Policy Impact City of Orillia Policy 8.3.1.3 requires a mandatory, fourteen (14) day “cooling off period” following a Public Planning Meeting for all Official Plan and Zoning By-law Amendment applications. Although not required under the Planning Act, this Policy was enacted to provide Council with additional time to consider the input received at a Public Meeting prior to making a decision. Typically, the next scheduled Council meeting provides for the 14 day “cooling off period”. However, as a result of Council’s summer meeting schedule, the next available Council Meeting is not until August 22nd, 2016 which would extend the “cooling off period” to 35 days. In an effort to facilitate timely development approvals, Development Services Staff have provided Council with an additional Option which would exempt the applicant from the mandatory “cooling off period”. Council would then be afforded the opportunity to make a decision on the application immediately following the July 18th, 2016 Public Planning Meeting of Council. In order to proceed with this Option, Council must first pass a motion to exempt the application from City of Orillia Policy 8.3.1.3. Council may then proceed with consideration of the proposed Zoning By-law Amendment.

Comments from Departments/Agencies Please see Schedule “G” for a summary of comments received from City Departments and External Agencies. Comments from Committees Please see Schedule “H” for a summary of comments received from Committees. Public Comments Please see Schedule “I” for a summary of comments received from the Public. Communications A sign outlining the details of the proposal was posted on the subject property on June 16th, 2016. The applicant hosted an Open House at the St. James Anglican Church on Tuesday, June 21st, 2016 from 5:30 p.m. until 6:30 p.m. Notice of the Open House was sent via first class mail to all property

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owners within 120 metres of the subject property. Twenty Five (25) members of the public were in attendance. A question and answer session followed a presentation by the applicants. A Notice of Application and Public Meeting was advertised in the City Bulletin of the Orillia Packet & Times newspaper, and sent via first class mail to all property owners within 120 metres of the subject property, on Thursday, June 23rd, 2016. Link to Strategic Plan The recommendation included in this report supports the following goal identified in Council’s Strategic Plan:

o Environmental Stewardship • Managing Growth and Using Land Wisely.

o Healthy Communities – Enhancing the wellness of the community

• Promoting a Broad Range of Housing Choices within the Community. Conclusion Staff recommends that Council proceed with Option 1, that Council exempt Zoning By-law Amendment application file number D14-845 from City of Orillia Policy 8.3.1.3 thereby eliminating the minimum fourteen (14) day “cooling off period” so that Council may make a decision on the Draft Zoning By-law Amendment for Application No. D14-845 (The Lighthouse Soup Kitchen and Shelter) at the July 18th, 2016 meeting of Council. Schedules Schedule “A” - By-law 2010-95 Schedule “B” - Waste Disposal Assessment Area Overlay Zone Schedule “C” - Proposed Definitions and Parking Provisions Schedule “D” - Letter Requesting Exemption to City Policy 8.3.1.3 Schedule “E” - Review of Official Plan Policies and Zoning By-law Provisions Schedule “F” - Review of Applicable Legislation and Policies Schedule “G” - Summary of Comments from Departments and Agencies Schedule “H” - Summary of Comments received from Committees Schedule “I” - Summary of Public Comments Schedule “J” - Draft Zoning By-law Amendment to Zoning By-law 2014-44

Prepared by & Key Contact: Jeff Duggan, MCIP, RPP

Senior Planner

Approved by: Ian Sugden, MCIP, RPP Director of Development Services

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Schedule “A” – By-law 2010-95 (Removal of the “H”)

City of Orillia Office of the City Clerk

Memo To: lan Sugden, Director of Planning and Development

Copy to: Ali Chapple, lmennediate Planner

From: Gayle Jackson, City Clerk /J.1- ptr' ~ ~ Date: June29, 2010

Re: Zoning Amendment-Now Palh Foundation (Common Roof)- 75 Queen Street East

This is to advise you that the following by-law was adopted by CouncB. at its meeting held on June 28, 2010:

2010.95 Amendment Number 105 to By-law Number 2005-72, the Zoning Bylaw for the City of Orillia (New Path Foundation (Common Roof), 75 Queen Street East).

A certified copy of the by-law Is attached for your file.

Please proceed with the appropriate notifications.

GJ:rc

~WIOkiC•Oard,&.mni~·C<Md.lti:IM.III.-ci~~CU..li·C'CCI~PID .. Anv~·r.laww.3~ Fk C01-201G8S

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Schedule “A” – By-law 2010-95 (Removal of the “H”)

BY·L.AW NUMBER 201o-95 OF THE CITY OF OBILUA

AMENDMENT NUMBER 105 TO BY-lAW NUMBER 201)5..72, THE ZONING BY-LAW FOR THE CITY OF ORILLIA - REMOVAL OF "H" (NEW PATH FOUNDATION (COMMON ROOF), 75 QUEEN STREET EASTI

WHEREAS tho Council of the Corporation of the City of Orillla may pass

~aws pursuant to Section 36 ot the Planning Act, RS.O. 1990, as amended to

remove a Holding provision on a zoning by..law;

AND WHEREAS tho Council of th& Corporation of the City of Orillia has

received a request to relll0\ll3 the Holding symbol from the land known municipally as 75

Q_,., Street East City of Orlllla.



1. THAT Schedule 'A' to B~w Number 2005-72, as amended, Is hereby

further amended by removing the 'H' Holding symbol from tho land known municipally

as 75 Queen Street East. City of Orillia. as sllown on Schedule "A·1" allached as

"Rezoned from 'M2 (HY to 'M2'".

2. THAT Schedule "A·1" et1a<:lled fonns part of.this By·law.

3. THAT this By-law shall lake elfe<;t es of the dote of passing, subject to the

provisions of tho Pronn/ng Ac::t, R.S.O. 1990, Cllap. P. f3 as amended.

BY -LAW readl a first seoonc1 end thiro time and finally passed

thl$ 28"' day of Juno. A. 0. 2010.

MAYOR

CERTlFJa) TO BEA TRUE ANOCOI!R£CT

~BY-<AWNUI.ISER ~010 'f;")

If"~

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Schedule “B” – Waste Disposal Assessment Area Overlay Holding Zone

Waste Disposal Assessment Area Overlay Holding Zone:

o The Subject Property is currently located within the Waste Disposal Assessment Overlay Holding Zone.

o Section 15.2 of Zoning By-law 2014-44 requires the removal of the Holding Symbol (H) further to satisfactorily demonstrating that there will be no adverse effects to persons or property from an active or closed Waste Disposal Site.

o Since the passage of Zoning By-law 2014-44, the City has retained Golder Associates to conduct further environmental assessment work within the Waste Disposal Assessment Overlay Zone area in order to more accurately determine the appropriate boundaries and size of the Holding Zone.

o Expert soil and groundwater testing has been completed, and a revised map, which substantially reduces the areas of concern, has been produced and has been reviewed by the Ministry of the Environment and Climate Change (MOECC), and has been approved by the Ministry of Municipal Affairs and Housing (MMAH).

o Staff will undertake a City initiated Official Plan Amendment in 2016 to replace the Waste Disposal Assessment Overlay Area from Schedule “C” of the Official Plan with the MOECC approved Scoped Assessment Area.

o The subject property is located outside of any areas of concern as identified in the revised mapping.

o As a result, no further environmental work on behalf of the applicant is required, prior to the lifting/removal of the Waste Disposal Assessment Area Overlay Holding Zone.

o The request to lift the Holding Symbol (H) is concurrent with this Zoning By-law Amendment application.

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Schedule “C” – Proposed Definitions and Parking Provisions Proposed Definition Parking Community Food Centre means Premises where: a) stocks of food, typically basic provisions and non-perishable items, are received and are subsequently distributed to members of the community free of charge; and/or b) free meals are served by a non-profit or charitable organization to those who are in need; and/or; c) meals are served to employees of the Community Food Centre and to members of the public for a fee; and/or d) food-related educational programs are provided.

Proposed: 1 Parking Space per 30.0 m2

Emergency Shelter means Premises where: short-term emergency accommodation and associated client support services are provided.

Proposed: 0.25 Parking Space per bed plus 1.0 Parking Space per 20 Bedrooms

Interim Residential Unit means a Habitable room which: a) does not contain cooking facilities; b) utilizes shared washroom and bathing facilities; c) is linked to client support services provided on

Proposed: 0.25 Parking Space per bed plus 1.0 Parking Space per 20 Bedrooms

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Schedule “C” – Proposed Definitions and Parking Provisions the Premises. Safe Bed Facility means Premises in which voluntary, non-medical, short-term residential rooms are provided with 24-hour staffing of crisis intervention and therapeutic counselling services.

1 Parking Space per bed

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Schedule “D” – Request for Exemption from Policy 8.3.1.3

~

MORGAN P L A N NING & DEVELOPMENT INC: • ...........

J une 28, 2016

City of Orillia SO Andrew Street Sout h, Suite 300 Orillia, Ontario, L3V 7TS

Attention: lan Sugden, Director of Development Services

Re: City of Orillia 75 Queen Street

•sent By Email

Request to Exempt ZBA App licat ion No. D14-845 from City Policy 8.3.1.3

On May 18, 2016 The Lighthouse Soup Kitchen and Shelter submitted a Zoning By-law Amendment (ZBA) application to the City of Orillia. The application was deemed complete by Planning Staff on June 8, 2016, and the Public Meeting has been scheduled for July 18'", 2016.

To this end, we understand that Cily of Orillia Policy 8.3.1.3 requires a mandatory 14 day ·cooling off period" following a Public Meeting for all Official Plan and Zoning By-law Amendment applications. Although not required under the Planning Act. this Policy was enacted to provide Council with addit ional time to consider the input received at Public Meetings prior to making a decision.

Typically the next scheduled Council meeting provides for a 14 day "cooling off period", hOwever, as a result of Council's summer meeting schedule the next available Council meeting is not until August 22"", 2016 which would extend the ·cooling off period" to 35 days.

Please accept this letter as a formal request for Council to exempt the applicant from the 14 day "cooling off period", t hus providing Council with the ability to make a decision on t he application immediately following the Ju ly 18'", 2016 Public Meeting of Council.

We respectfully request Council consideration for the following reasons:

1) Council's summer meeting schedule has the effect of extending the "cooling off period" from 14 days (as envisioned by the City of Orillia Policy 8.3.1.3) to 35 days.

2) City Policy 8.3.1.3 is not required by the Planning Act.

MORGAN Planning & Development Inc. (705) 327-1873

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Schedule “D” – Request for Exemption from Policy 8.3.1.3

3) The Lighthouse has entered into a Purchase and Sale Agreement which is set to close on September 15"', 2016. One of the conditions requires that suitable zoning be in place to pennit the proposed development and all cond~ions mus: be waived by August 31'', 2016.

If Council were to exempt the applicant from Policy 8.3.1.3 and approve ZBA D14-845 on July 18th, the appeal period would expire on August 9"'. thereby allowing The Lighthouse to waive the zoning cond~ion without further amending the Agreement.

If Council were to maintain the 35 day "cooling off period" and approve ZBA D'l4-845 on August 22"", the appeal period would expire on September 13'•. Which is 13 days after the condit ion must be waived. We note that the vendor has made it clear to The Lighthouse that they are not willing to further extend the Agreement.

4) Representatives from The Lighthouse appeared before Council eany in 2016 to explain the vision for the Building Hope Project, and to provide an overview of the uses proposed at 75 Queen Street. The City subsequently approved a loan for $450,000 provided the Lighthouse can get the land rezoned to permit the uses.

The uses being proposed in the ZBA application to be considered by Council en July 18th are all consistent with the discussions between The Lighthouse and the City eanier in 2016, therefore the in:onnation being presented to Council is not new.

Th:mk you for your r.on~ic1P.mlion of !hi~ rP.~IJP.~I

Respectfully submitted, MORGAN Planning & Development Inc.

JoShua Morgan, MCIP, RPP

c.c. Gayle Jackson, Chief Administrative Officer Jeff Duggan, Senior Planner Glenn Wagner, Board President, The Lighthouse Soup Kitchen and Shelter Linda Goodall, Executive Director, The Lighthouse Soup Kitchen and Shelter

M ORGAN Plannire & Development Inc.

(705) 327-1873 of 63

Schedule “E” – Review of Official Plan Policies and Zoning By-law Provisions

City of Orillia Official Plan • The subject property is designated “Downtown Area – Central Core

Intensification Area” • The objectives of the “Downtown Area” designation include:

o The protection and enhancement of the character and viability of the historic ‘Main Street’;

o the promotion of the 'Downtown Area' as a focal area for investment in commercial, institutional, cultural, entertainment and residential uses; and,

o ensuring that new development is compatible with existing development patterns both within the 'Downtown Area' and within adjacent 'Stable Neighbourhoods'. (Section 3.2.2 (b)).

• Housing that is affordable for low and moderate income households is encouraged in the Downtown Area.

• Affordable housing is encouraged to locate in proximity to local community facilities and existing or potential public transit routes and active transportation facilities.

• An array of housing and building types is encouraged throughout the 'Downtown Area'.

• Permitted uses within the “Downtown Area – Central Core Intensification Area” which may be relevant to this application include:

o Multiple-Unit Buildings, Townhouses and Apartment Buildings. o Communal Housing o Commercial Uses including Retail Stores, Offices, Restaurants, Personal

Services and Tourist Accommodations; o Office, Research and Data Processing Facilities; and, o Institutional Uses

• The application generally conforms to the intent and policies of the City of Orillia Official Plan, as amended.

City of Orillia Zoning By-law 2014-44, as amended

• The subject property is zoned “Mixed Use Intensification – Intensification Area” (C4i) under Zoning By-law 2014-44, as amended.

• The C4i zoning currently permits a wide variety of land Uses but does not expressly permit the Uses proposed.

• Permitted uses within the “Mixed Use Intensification – Intensification Area” which may be relevant to this application include:

o Business, Professional or Administrative Office o Medical Clinic o Personal Service Shop o Restaurant o Retail Store o Accessory Dwelling Unit o Apartment Dwelling o Four Unit Dwelling o Multiple Dwelling

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Schedule “E” – Review of Official Plan Policies and Zoning By-law Provisions

o Three Unit Dwelling o Townhouse Dwelling

• The applicant has requested that the zoning of the subject property be amended to “Mixed Use Intensification – Intensification Area” Exception (C4i-X).

• The “Exception” to the “Mixed Use Intensification – Intensification Area” (C4i) Zone is required in order to provide for the site specific Uses proposed which include:

o Community Food Centre; o Emergency Shelter o Interim Residential Unit; and, o Safe Bed Facility.

• There are currently no parking provisions associated with these proposed Uses. • The applicant has proposed parking requirements in association with the

proposed Uses. • As no development concept has been prepared, any future development would

be required to comply with the Zoning Performance Standards of the “Mixed Use Intensification – Intensification Area” Zone and General Provisions requirements of the Zoning By-law 2014-44,as amended.

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Schedule “F” – Review of Applicable Legislation and Policy

Provincial Policy Statement, 2014 The new Provincial Policy Statement 2014 (PPS) came into effect on April 30, 2014 and applies to all planning decisions made on or after that date. The PPS provides policy direction on matters of provincial interest and establishes the policy foundation for regulating the development and use of land in Ontario. All planning decisions “shall be consistent with” the PPS. The PPS focuses on three key areas: building strong healthy communities, wise use and management of resources, and protecting public health and safety. The overall objectives are: healthy, sustainable, complete communities characterized by a range of housing choices, opportunities for intensification, a diversified and thriving economy, a mix of cultural and recreational amenities, and a variety of transportation/active transportation options; careful management and the efficient use of land, resources, infrastructure and public service facilities; sound environmental and ecological management; protection and enhancement of natural heritage and cultural heritage resources; promotion of energy efficiency and minimizing impacts on climate change; and, protecting public health and safety. The proposed amendment to the City’s Zoning By-law is consistent with the applicable provisions of the Provincial Policy Statement, 2014 through the re-development and intensification of an existing, underutilized site that offers full municipal services; accessibility to parks, trails and public transit; and is within walking distance of local personal services and amenities. The proposal also offers additional housing options designed “to meet the social, health and well-being requirements of current and future residents, including special needs requirements”. (Provincial Policy Statement Section 1.4.3) Special needs: means any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living. Examples of special needs housing may include, but are not limited to, housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for older persons. Growth Plan for the Greater Golden Horseshoe, 2006, as amended When it came into effect in 2006, the Growth Plan was established as a 25-year plan outlining the Government of Ontario’s vision for building complete communities with a planning horizon through to the year 2031. This Growth Plan is intended to guide decisions related to population and employment growth in order for such development to be achieved while building compact, vibrant and prosperous communities that make optimal use of existing and new infrastructure. In January 2012 and June 2013, the Growth Plan was amended to firstly include new policies specifically applying the Simcoe Sub-Area, which includes the City of Orillia as a “Primary Settlement Area” (2012 consolidation), and to secondly include population and employment forecasts

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through to the year 2041, in addition to other refinements (2013 consolidation). As a “Primary Settlement Area”, the City is expected to accommodate a concentration of development with a diverse mixture of land uses, employment and housing types, and access to amenities. This Growth Plan, and amendments thereto, are in effect pursuant to the Places to Grow Act, and municipal planning decisions are required to conform to its provisions. The proposed amendment to the City’s Zoning By-law conforms to the applicable provisions of the Growth Plan, as amended. More particularly with respect to Section 2.2.3, which requires a minimum of 40 percent of all new residential development to be directed to the built-up area by the year 2015 and each year thereafter. This residential intensification proposal will aid the City of Orillia in meeting its intensification target, as well as provide an opportunity for residents to live in the City’s well-established and attractive downtown. Lake Simcoe Protection Plan (2009) The subject property is located within the Lake Simcoe Watershed and is subject to the Lake Simcoe Protection Plan, which is a comprehensive plan to protect and restore the ecological health of Lake Simcoe and its watershed. The Plan addresses long term environmental issues in Lake Simcoe and its watershed by: • promoting action to address threats to the ecosystem, such as excessive phosphorus • targeting new and emerging causes of stress such as invasive species and climate

change • protecting and restoring important natural areas such as shorelines and wetlands • restoring the health of the fish and other aquatic life. As a result of the City’s requirements for the use of the Phosphorus Budget Tool for stormwater management, coupled with Low Impact Development (LID) techniques as part of Site Plan Approval, conformity with the Lake Simcoe Protection Plan will be achieved through the Site Plan Approval Process. Downtown Tomorrow Plan, 2012 The Downtown Tomorrow Plan is a vision to strengthen the links between the downtown and the Lake Couchiching waterfront. The strategic initiatives of the Plan include: • Increase the residential population downtown; • Reinforce the downtown as a civic and institutional hub; • Celebrate downtown’s cultural heritage and activity; • Improve the shopping and dining experience downtown; • Improve connectivity and streetscapes downtown; • Create new spaces downtown for playing, gathering and relaxing; and, • Promote Orillia and enhance the visitor experience.

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The subject property is located within the Queen Street Neighbourhood area of the Plan, and is identified as part of an area containing former industrial sites which provide an opportunity for a new Downtown Neighbourhood with a mix of housing and potentially compatible employment uses. The subject property is located within the proposed Queen Street Greenway. The Downtown Tomorrow Plan recommends that a secondary plan be prepared to fully explore options and designs for the neighbourhood including the continuation and realignment of streets, building heights and massing and the Queen Street greenway. The envisioned greenway is currently constrained by existing developed sites on both the east and west end of Queen Street. Further, as the secondary plan has yet to be prepared for the neighbourhood, a determination of conflict cannot yet be made. In general, the proposal is supportive of Strategy 5.1, which seeks to increase the residential population of the City’s Downtown. As such, the proposed amendment to the City’s Zoning By-law is generally in keeping with the City’s Downtown Tomorrow Plan, 2012 and associated strategic initiatives. The proposal also generally supports Strategy 5.2 which seeks to reinforce the downtown as a civic and institutional hub. Although the “hub facility” proposed was not specifically envisioned at the time of the crafting of the Downtown Tomorrow Plan, the development concept aligns with the civic and institutional uses contemplated.

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Schedule “G” – Summary of Comments from Department/Agencies

Notice of this application has been circulated to all Departments and agencies as prescribed under O. Reg. 545/06 of the Planning Act. The following Departments and Agencies have indicated no comments or concerns:

• Parks, Recreation and Culture • Environmental Services • Fire Department • Simcoe County District School Board • Bell Canada • Union Gas

No additional comments have been received.

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Schedule “H” – Summary Comments from Committees

The following motion was passed at the Housing Committee meeting held on June 21, 2016: “THAT the Housing Committee support the additional zoning uses for 75 Queen Street as outlined in the memo dated June 17, 2016 from the Senior Planner regarding an Application for Zoning By-law Amendment ; AND THAT the following comment be provided:

• The community project slated for this site will provide a fundamental facility to help those in need move toward stable housing.”

Thank you for taking the time to present to the Committee members.

Nikki Brittain, B.A. Secretary – Committee Support Clerk’s Department City of Orillia 50 Andrew Street South, Suite 300 Orillia, ON L3V 7T5 [email protected] Phone: 705-325-2310

This message is intended for the individual to whom it is addressed and may contain information that is confidential and exempt from disclosure under the Municipal Freedom of Information and Protection Privacy Act. If you are not the intended recipient, please do not forward, copy or disclose this message to anyone and delete all copies and attachments received. If you have received this communication in error, please notify the sender immediately. Please consider the environment before printing this email.

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mailto:[email protected]

http://www.orillia.ca/

Schedule “I” – Summary of Public Comments

RECEJVED JUN 3 0 ZC16

MAYOR'S OFFICE

Wednesday June 27, 2016

Mayor and Council:

RE: Zon ing Amendment Appl ication No. 014-845 Application Submitted by Morgan Planning & Development 75 Queen St.

We understand the lighthouse Mission has made an offer to purchase The vacant land behind the Common Roof Facility located on Queen St. This land which once was industrial/rail land : is currently in an area that is in transition to upscale commercial.

Collectively, the Orillia Bakery, Home Hardware, Giant Tiger, the Common Roof, 129 Front, and Thor Motors have invested huge amounts of money to revitalize this area. As well, the sale of the GL and V building to Mclean and Dickey and Ao:utrac has added to this vision of what the downtown and the city's waterfront plan should be.

The goal of the city should be to revitalize the downtown; and attracting a community with disposable income. Creating a viable core commercia!Uy, has an end result of employment creation.

We understand the need for a mission/shelter and its purpose, however, we do not feel this is the right location for such.

We, Jerry Kostur and lisa Kostur will not be supportive of the zoning ch ange.

Jerry ~o~ ;t?~-/~

lisa Kostur

;1;,.-~i'--cc. ian Sugden

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July 6, 2016

Mayor and Counc~ Cijy of Orillia 50 Andrew Sl S., Orillia. ON L3V 7T5

Dear Mayor and Council,

Re: Community Support for Building Hopo

As a strong convnunijy supporter we have donated to The Lighthouse and realoze the need for BUilding Hope, a new hub fadtlly to aid the homeless, the hungl)l, and the hurting.

We look forward to having Building Hope as a neighbour and improving our community via the services offered.

Yours Sincerely, Mclean & Dlc·key Lid.

Md.Mft a Oidt.y ucL 11• W. >t t Qo ON, UY 6U

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J uly 11: 2016

Re: O rillia Chris tian Centte

DearSir/ !viadam.,

O n behalf o f the N ew Path f'o undation an d o ur Boa.td o fDiretton . I am plemd to write thh letter o f:.uppon for the O rillia Chrutian Centre and theirplam to purc.ha:.e an d de\elop the lot direc-tly adjacent to o ur common roofloc.ation at 196 f'ro ntStreet.

~-\:. an o rganization dedicated to :.upportingcommunity de\elopment an d innocatin approaches. \>.11: vrork alongside key community p anner:. :.uc-h a:. the O rillia Christian Centre in protiding es:.ential suppon:. to tho:.e o rganization:. best posi tioned to help o ur community. Onr the p a.st few yean . \>.1! ha\e been in di:.c-tm ion:. with them o n their plan:. to de\elop a multi-:.enic-e. multi· o rganization community hub an d feel that this ~:uld be a \i."Elcome addition to the community a.s a whole a:. u ll a:. an enhan c-ement to the c-urrent :.enic-e:. that \>.11: an d o ur 15 tenant o rganization:. protide. The c.reation o f an additional community hub next door to the common roofvrould en:.ure that Orillia has a \>.1!11 re:.ourc«l c-ampu:.o f c-are for tho:.e community resident:. needing suppon an d :.enic-e. f'urthennore. o ur experience ha:. sho'l:n that by integrating under a : hared :-pac-e appro ach. multiple o rganization:. vrould benefit from both the co:.t :artngs. an d collaboratin fnmevrorkthat an •'under the o ne ro-ofmodel" c.a:n protide. The greatm beneficiarie:.o f cour:.ewill remain the client:. an dc.ommunity that will be :.erred throogh the Orillia Chrutian C-entre and in p anner:.in thi:. enden-o ur.

The Orillia Chrutia:n C-entre know:. that it c-annot d o thi:. vrork alone an d has bro ught together a number o f o rganization:. who c-an vrork alongside in p artnership to en:.ure that this underu.king will be :.ucc-essful .. . both in the : hon an d longtenn. \Ve n an d together with them in this nnrure 6Wi, are proud to be able to vrorkwith them to m a.ke a difference in o ur community.

Sinc-erely.

JCU1'1eV~ Jame:. Thom:.on President an d CEO N ew Path f'o undation

Sillll«drrf'dd

''""'"

KtnE~Yll'l2 Wu &lrddmt of ,.,.,,

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Schedule J - Draft Zoning By-law Amendment

BY-LAW NUMBER 2016-XX OF THE CITY OF ORILLIA AMENDMENT NUMBER 36 TO BY-LAW NUMBER 2014-44, THE ZONING BY-LAW FOR THE CITY OF ORILLIA (LIGHTHOUSE SOUP KITCHEN AND SHELTER – 75 QUEEN STREET)

WHEREAS the Council of the Corporation of the City of Orillia may pass

by-laws pursuant to Section 34 and 36 of the Planning Act, R.S.O. 1990, as amended;

AND WHEREAS the Council of the Corporation of the City of Orillia has

received an application to rezone the parcel of land and to remove the Holding provision

with respect to the property municipally known as 75 Queen Street;

AND WHEREAS the Council of the Corporation of the City of Orillia

deems the said application to be in conformity with the Official Plan of the City of Orillia,

as amended, and deems it advisable to amend By-law Number 2014-44, as amended.



1. THAT By-law Number 2014-44, as amended, is hereby further amended

as follows:

i) “SECTION 4 – DEFINITIONS” is amended as follows:

(1) The following definition of “Community Food Centre” is added, in

alphabetical order, to Section 4, and all subsequent definitions

renumbered accordingly:

“Community Food Centre means Premises where:

a) stocks of food, typically basic provisions and non-perishable items,

are received and are subsequently distributed to members of the

community free of charge; and/or

b) free meals are served by a non-profit or charitable organization to

those who are in need; and/or;

c) meals are served to employees of the Community Food Centre and

to members of the public for a fee; and/or

d) food-related educational programs are provided.

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(2) The following definition of “Emergency Shelter” is added, in alphabetical

order, to Section 4, and all subsequent definitions renumbered

accordingly:

“Emergency Shelter means Premises where short-term emergency

accommodation and associated client support services are provided.”

(3) The following definition of “Interim Residential Unit” is added, in

alphabetical order, to Section 4, and all subsequent definitions

renumbered accordingly:

“Interim Residential Unit means a Habitable room which:

a) does not contain cooking facilities;

b) utilizes shared washroom and bathing faciilites;

c) is linked to client support services provided on the Premises.”

(4) The following definition of “Safe Bed Facility” is added, in alphabetical

order, to Section 4, and all subsequent definitions renumbered

accordingly:

“Safe Bed Facility means Premises in which voluntary, non-medical,

short-term residential rooms are provided with 24-hour staffing of crisis

intervention and therapeutic councelling services.”

ii) “SECTION 6 – PARKING AND LOADING STANDARDS” , Subsection

6.2.3 “Non-Residential Parking Requirements”, Table 6.2 “Parking

Requirements for Non-Residential Uses” is hereby amended by adding

the following additional items to the Table in alphabetical order:

Column 1 Column 2 Type or Nature of Use Minimum Off-Street Parking Requirements Community Food Centre 1 Parking Space per 30.0 m2 Emergency Shelter 0.25 Parking Space per bed plus 1.0 Parking

Space per 20 Bedrooms Interim Residential Unit 0.25 Parking Space per bed plus 1.0 Parking

Space per 20 Bedrooms Safe Bed Facility 1 Parking Space per bed

2. THAT Map Number 23 of Schedule “A” to By-law Number 2014-44, as

amended, is hereby further amended by changing the zoning of the lands identified on

Schedule “A-1” attached from the “Mixed Use Intensification – Intensification Area” (C4i)

Zone to the “Mixed Use Intensification – Intensification Area Exception Five” (C4-5i)

Zone.

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Schedule J - Draft Zoning By-law Amendment

3. THAT Section 9.5 “Commercial Zone Exceptions” of By-law Number 2014-

44, as amended, shall be amended by adding the following Zone Exception to the end

of Table 9.6 “Mixed Use Intensification (C4) Zone Exceptions”:

Column 1 Column 2

Exception Number Exception

C4-5i Additional Permitted Uses: • Community Food Centre • Emergency Shelter • Interim Residential Unit • Safe Bed Facility

Zone Provisions:

• Bicycle Parking Spaces (min) - 10

4. THAT Map Number 23 of Schedule “A” to By-law Number 2014-44, and

Schedule “B” to By-law Number 2014-44 be amended by removing the Waste Disposal

Assessment Overlay Holding Zone symbol from the property known municipally as 75

Queen Street as identified on Schedule “A-1” attached.

5. THAT Section 15.2.2 of Zoning By-law Number 2014-44, “Properties

Removed from the Waste Disposal Assessment Overlay Zone”, shall be amended by

adding the following to the end of Table 15.3:

Column 1 Column 2 Property Address By-law Removing “H”

75 Queen Street 2016-XX

6. THAT this by-law shall take effect as of the date of passing, subject to the

provisions of the Planning Act, R.S.O. 1990, Chap. P.13 as amended.

BY-LAW read a first, second and third time and finally passed this XX day

of XX, A. D. 2016.

_____________________________________ MAYOR _____________________________________ CAO/CITY CLERK

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City of Orillia Schedule A-1 to By-Jaw 201 6-enacted and passed the day of

' 201 6.

75 Queen Street ~Property to be rezoned from the "Mixed Use

Intensification - Intensification Area" (C4i) Zone to the "Mixed Use Intensification Exception Five - Intensification Area" (C4-5i) Zones and to be removed from the Waste Disposal Assessment Overlay Holding Zone.

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The Building Hope Project 75 Queen Street, Orillia

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Current Location and Service Delivery

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• Advisory Group • Work to date • Partnerships • Supporters

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Why 75 Queen Street? 2.3 acre (0.96 hectare) lot area Access to full municipal services Record of Site Condition filed in 2010 Centralized location Large site allows for a hub model and provides opportunities for a variety of community partners Despite a thorough search, no others sites compared.

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The Building Hope Vision

Building Hope is a hub facility that has a range of housing with supports available from emergency food and shelter, primary care,

mental health and addiction services for people who are experiencing a housing crisis.

Building Hope is promoting overall wellness for individuals and

families.

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The Bridges - Cambridge

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City of Orillia Official Plan (2010) The property is designated ‘Central Core Intensification Area’ by Schedule ‘B’ of the City of Orillia Official Plan.

Buildings and sites within the ‘Central Core Intensification Area’ are encouraged to accommodate an array of uses. This mixture of uses is encouraged not just within the designation in general, but also on individual development sites, and within individual buildings.

All proposed uses within the Building Hope Project are permitted in the Central Core Intensification Area.

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City of Orillia Zoning By-law 2014-44 The subject property is within the Mixed Use Intensification (C4i) Zone. Uses permitted in the C4i Zone include but are not limited to retail stores and retail outlets; business, professional and administrative offices; restaurants; multiple dwellings and apartment dwellings.

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Zoning By-law Amendment (ZBA) Application The following 4 uses are proposed as part of the Building Hope Project, but are not defined in the City’s ZBL: Emergency Shelter Community Food Centre Interim Residential Unit Safe Bed Facility The ZBA submitted to the City of Orillia proposed to permit the 4 above noted uses within a site specific C4i Exception Zone. Further it is proposed that the ZBA include definitions for each.

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Concluding Remarks • Building Hope will result in employment and residential intensification.

• Building Hope will spur economic growth in the neighbourhood and continue the revitalization of the Central Core Intensification Area.

• Building Hope will create synergies with the adjacent Common Roof building.

• Building Hope will be another significant and impactful new development in this rapidly revitalizing neighbourhood.

• Building Hope is presicely the type of mixed use development envisioned by the Central Core Intensification Area designation and the Mixed Use Intensification (C4i) Zone. of 63

Thank You

We Welcome Your Questions

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