OUR SHORE Development Permit System Study for Shoreline Management on Lake Simcoe Report 2: Technical Discussion DATE: June 2016 AUTHOR: Town of Innisfil OUR SHORE: Technical Discussion Report 2: DRAFT Page 1 of 28 Contents 1.0 INTRODUCTION ....................................................................................................................................... 2 2.0 AREAS FOR DISCUSSION .................................................................................................................... 2 2.1 Area Subject to the proposed DPS ................................................................................................... 3 2.2 Property Zoning...................................................................................................................................... 5 2.3 Built Form Types and Site Alterations .............................................................................................. 7 2.3.1 Built Form......................................................................................................................................... 7 2.3.2 Site Alterations ............................................................................................................................. 14 2.3.3 Town of Innisfil Council Input on Technical Discussion ...................................................... 15 2.3.4 Permitted and Discretionary Uses ........................................................................................... 16 2.4 Setbacks ................................................................................................................................................ 18 2.5 Variations ............................................................................................................................................... 19 2.6 Criteria for variations ........................................................................................................................... 19 2.7 Conditions of Approval ....................................................................................................................... 20 2.8 Provision of Specified Community Shoreline Benefits for Proposed Development ............. 22 3.0 The Perfect Application .......................................................................................................................... 24 4.0 CONCLUSIONS AND NEXT STEPS .................................................................................................. 27 OUR SHORE: Technical Discussion Report 2: DRAFT Page 2 of 28 1.0 INTRODUCTION The OUR SHORE study is exploring the use of a Development Permit System (DPS) for shoreline management along Lake Simcoe. This is the second report prepared to provide information for consideration as the Town of Innisfil (hereinafter referred to as the “Town”) completes this study. This study is based upon a partnership between the Town, the Lake Simcoe Region Conservation Authority (LSRCA) and the Province of Ontario, specifically the Ministry of the Environment and Climate Change (MOECC). The research and project work is intended to be a resource for other Lake Simcoe shoreline municipalities to reduce the duplication efforts in policy development and to provide a consistent approach to shoreline management and development. Report 1: Background and Jurisdictional Analysis highlighted several key characteristics about the benefits of the use of a DPS for shoreline management. One key feature was that of flexibility. Flexibility in terms of land uses, building setbacks as well as criteria to consider variations to the standards and conditions associated with approvals. These are the building blocks for the Official Plan document and Development Permit By-law that would initiate a DPS for the use along the Town’s Lake Simcoe shoreline. Along with the flexibility, comes the need to make informed decisions. Report 2: Technical Discussion looks at topics for discussion and will provide information on each, including input from Technical Stakeholder Committee, as these options are being considered and presented to the community for feedback and input. In addition to the consideration of the use of a DPS, discussion continues with the Technical Stakeholder Committee about “the perfect application” process for development along the Lake Simcoe shoreline. Exploring the opportunities to streamline and coordinate approvals from several agencies into one development permit is a key component of this study. 2.0 AREAS FOR DISCUSSION This portion of the report compiles information that will begin to inform policy development. As a Technical Discussion paper, this information is provided for discussion purposes only. The technical information will be used to form the basis for conversations, engagement and outreach with property owners, residents and members of the public. This technical information will be OUR SHORE: Technical Discussion Report 2: DRAFT Page 3 of 28 tested as the policies are formulated. This information was considered by the Technical Stakeholder Committee and the input is woven into this report. 2.1 Area Subject to the proposed DPS One of the first elements of any implementing planning document (Official Plan Amendment and Development Permit By-law) for a DPS is to identify the study area. There is no question that the study area will include shoreline properties within the Town, the question is the depth of the study area. Currently there are 1,295 properties with Lake Simcoe shoreline frontage. The depths of the individual properties along the shoreline range from 30 m to over 240 m. The extent of the study area was discussed with the Technical Stakeholder Committee, as well as the consideration of including settlement areas. The establishment of the study area is an important first step. Several options were considered for the study area that included: the entire LSPP watershed, all of the properties 120m from the shoreline and the entire shoreline frontage to a depth of one single lot. Staff and the Technical Stakeholder Committee preferred the final option. Study area recommendation: It is recommended that the study area be established as the entire shoreline frontage to a depth of one single lot. This will result in a study area boundary that covers the entire property of any lot with shoreline frontage (from the shoreline to the rear property line, wherever that may be). OUR SHORE: Technical Discussion Report 2: DRAFT Page 4 of 28 Maps 1 and 2 below, showing the minimum and maximum ranges of the depths of lots. Map 1: Depicts the minimum lot depth (of a single lot) showing properties at depths of 30 m in the Chrystal Beach Road area of Alcona Map 2: Depicts the maximum lot depth (of a single lot) showing properties at depths of 240 m in the Shoreline Drive area at the northern end of Innisfil OUR SHORE: Technical Discussion Report 2: DRAFT Page 5 of 28 Points of discussion that frame the recommendation include: · Easy to establish, identify and implement; · Our Shore is a project that is meant to address the health of the shoreline and shoreline development and development within this area has a high impact on the health of the lake; · Based on the recommended study area size 1,295 properties will be subject to the DPS By-law, extending the study area further would, obviously, increase the number of impacted properties; · Purpose of the study is to establish the built character of the shoreline · Including all of the immediate shoreline is a good place to start and allows us to “walk before we run”; · There will be opportunities to expand the area subject to the DPS at a later date based on the success of this first stage; · Using the entire shoreline as the study area provides a consistent policy approach that includes the settlement areas; · The Technical Stakeholder Committee agrees with this approach and emphasizes the importance of encompassing the entire shoreline, including the settlement areas; and, · As the shoreline lots vary in depth, so will the Study Area. The Study Area will be a point of discussion during the public engagement and outreach on this project. Comments and feedback received from the public on this topic will be provided to Council prior to their consideration of implementing planning documents. 2.2 Property Zoning Once the study area is defined, how to zone each property in the study area must be explored. The zoning bylaw in place is the Town of Innisfil By-Law 080-13 adopted by Council July 10, 2013, with the most recent version including amendments up until August 12, 2015. A DPS by- law will replace the zoning for the lands subject to the DPS. The Town of Innisfil Zoning By-law currently uses a “-W” suffix to any Residential Zone symbol to waterfront properties to indicate additional provisions apply to these properties. The underlying Residential zoning remains, but specific policies apply to all residential properties with frontage on Lake Simcoe. Map 2 below is an excerpt of zoning map from the Town of OUR SHORE: Technical Discussion Report 2: DRAFT Page 6 of 28 Innisfil Zoning By-law 080-13 that shows the” –W” suffix as well as other parameters for properties that front onto Lake Simcoe, such as Hazard Lands (Regulated Area). Figure 1: Town of Innisfil Zoning By-law Map Excerpt Property Zoning recommendation: It is recommended that the zoning of properties within the development permit area maintain the existing zoning classification, but amend the “-W” Waterfront suffix to “-PA” Permit Area suffix. Points of discussion