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Report # 2021-024 To: Mayor and Council For Direction

From: Karl Grenke, Senior Planner For Information

Date: March 4, 2021 For Adoption

Committee of the Whole Date: March 8, 2021 Attachment – 12 pages Title: Site Plan Control By-law and Checklist

Recommendation: THAT Council of the Town of Smiths Falls adopts a new Site Plan Control By-law under Section 41 of the Planning Act, accompanied by a detailed submission checklist.

Purpose: To present for approval a new site plan control by-law to replace the 2007 by-law to more broadly reflect the scope of development occurring in the Town as well as confirm and update our established operating processes. Further, the new by-law proposes to include reference materials in a new Schedule “A” to assist applicants with their submissions and streamline the development approval process. Background: Section 41 of the Planning Act gives municipalities the ability to establish a site plan control area across all or part of the Town. Complementary to zoning, site plan control implements the various sections of the Official Plan that speak to design, compatibility, landscaping and safety and addresses matters that are not possible to deal with through zoning. The Official Plan (Sec. 7.1.5) outlines the matters to be addressed in a site plan application and establishes Council’s goals in undertaking this process. This section is implemented in a site plan control by-law that spells out in detail what development requires site plan approval, what is excluded and what are municipal expectations. Site plan approvals are administered in an agreement between the Town and property owner that spells out the developer’s obligations and outlines approval conditions. Agreements are normally registered on Title to the lands and binding on future property owners. Section 41(4) of the Planning Act spells out the aspects of a development that can be approved through site plan control. Interior design and materials used in construction are not normally addressed through site plan control.

The Planning Act does not require the municipality to consult with the public on matters relating to site plan control (although some do so, to varying degrees). A site plan process is intended as a technical exercise that can only be completed once the “rules for the land” are established through zoning, which is a fully public process.

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A previous draft of a new site plan by-law was presented to the Committee of the Whole for consideration in 2019. Direction was given to undertake modifications to the draft. Since that time, staff have updated the draft in consultation with the Planning Advisory Committee, and their feedback was obtained on the procedural matters and thresholds. The draft that is appended to this report was reviewed by the municipal solicitor T. Fleming and accommodates suggested edits.

The revised Draft Site Plan Control By-law, including “Schedule A – Submission Checklist”, is attached to this report.

Analysis and Options: Town staff initiated a review of the current Site Plan Control By-law to implement the policies and intent of the current Official Plan and achieve the following objectives:

• Make the process more efficient and faster, especially for smaller projects

• More clearly identify and codify municipal objectives to define when site plan control is required and what we need.

These objectives were identified through municipal practice (administering the by-law) and in ongoing consultation with the development community.

The following key changes to current practice are proposed in the draft by-law:

• Delegation of Approval (Sec. 5 and 6): By-law defines “minor” site plans and proposes to delegate approval authority for these to staff. This is intended to expedite the approval process for smaller scale projects. The same interdepartmental review process would occur. The key question for Council is on which forms of development do they wish to retain ultimate approval authority.

• Redline Revisions (Sec. 8): Allows for staff to “sign off” on very minor changes to a site plan without the need to initiate a formal amendment process. This defines and formalizes a good practice that staff have been undertaking for many years.

• Securities (Sec. 9): A standard part of a site plan process, this section outlines developer obligations to secure the completion of certain on-site improvements and connections on the municipal right-of-way to ensure no cost to the municipality, and also formalizes a good practice that has been undertaken for many years.

• Schedule “A” – Site Plan Application and Submission Checklist: This new schedule is proposed to provide detailed guidance to applicants at the outset of the process to clearly define what should be included in a submission, and would be handed out to applicants as part of the application package. The checklist acknowledges that project requirements are site specific and not every item would necessarily apply for every application. This schedule confirms what we would be looking for and would assist in the pre-consultation discussion that applicants have with Town staff prior to finalizing an application. This is presented as a living document meant to evolve as engineering or design guidelines are established or amended.

If supported by Committee of the Whole, staff can bring forward a new Site Plan Control by-law at the next available meeting of Council.

Previous site plan approvals that were granted pursuant to the 2007 by-law would remain in effect.

Budget/Financial Implications: None arising directly from the recommendations of this report. Legal costs have been incurred in the review of the draft by-law.

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Link to Strategic Plan: N/A Existing Policy: Official Plan 2034 (various sections); Ontario Planning Act (Sec. 41) Consultations: Director of Public Works and Utilities; Planning Advisory Committee; Legal Review (T. Fleming) Attachments: Draft Site Plan Control By-law and Schedule “A” – Submission Checklist Notes/Action (space for Council Member’s notes): Respectfully Submitted: Approved for agenda by CAO:

_________________ __________________ __________________ Karl Grenke RPP, MCIP Kerry Costello Malcolm Morris, CMO Senior Planner Director of Corporate Chief Administrative Officer

Services

SCHEDULE “A”- Site Plan Application and Submission Checklist

The following guidelines and standards, to the extent that they apply to specific properties or circumstances, shall generally be followed in the preparation and consideration of plans filed with Site Plan Control Applications:

1. Site Plan – All applications

• North Arrow;

• Common metric scale (e.g. 1:250, 1:500);

• Boundaries and dimensions of the subject lands;

• Location, size and type of all buildings on the subject lands, indicating the distances from all lot lines and watercourses;

• The approximate location of all natural and artificial features on the subject lands and on the land that is adjacent to the subject lands that, may affect the application (i.e. railways, transmission lines, roads, parking lots, buildings, watercourses, drainage ditches, wells and septic tanks);

• Location, width, and name of roads abutting or within the subject lands;

• The current and proposed use of the subject lands;

• The location and nature of any easements on the subject lands;

• Name of the individual or firm who prepared the drawings(s);

• Summary table that indicates the proposed zoning and the zoning requirements on the property (i.e. setbacks, parking, landscaping and height);

2. Access

• Proposed material, elevations and grading of driveways, ramps, walkways and curbs;

• Vehicular ingress/egress provided from service or secondary roads preferred, where possible;

• Maintenance of clear visibility and clear sight lines.

• Compliance with zoning provisions regarding driveway width and location.

• Fire lanes, where required by Building Code.

3. Streetscape

• Effective screening of transformers, while ensuring accessibility for maintenance;

• Required or existing sidewalks and boulevard features shall be shown;

• Where parking areas are proposed adjacent to a street, shrubs and trees shall be planted in proximity to the property line to enhance the streetscape and reduce the visual impact of the parking area (see Tree Canopy Preservation and Enhancement Policy, Sec. 5.2.2, as amended from time to time)

4. Building Design

• Except where exempted, professionally done scaled elevation drawings of all new buildings and accessory structures shall be provided;

• The plans and drawings submitted should be sufficient in detail to indicate the relationship of the proposed development to existing buildings on site and/or on abutting properties with respect to mass, form, line and roof line;

• Exterior treatment of buildings, in terms of mass, form, line, fenestration, roof line and exterior finishing should generally be comparable to and compatible with adjacent buildings.

• Further to the above, where the site plan application pertains to a property designated under the Ontario Heritage Act, or is adjacent to such a property, the design should follow the Standards & Guidelines for the Conservation of Historic Places in Canada found at https://www.historicplaces.ca/en/pages/standards-normes.aspx

• Qualified statement addressing wind, snow deposition and shadow impacts, if any proposed building is six storeys in height or greater.

5. Parking

• Plans shall show all existing parking areas and any new parking areas necessary to meet minimum zoning standards;

• Accessible parking spaces shall be shown with dimensions and located close to building entrances, as required through AODA standards;

• Poured-in-place curbing or portable curbs or parking bumpers shall be shown, to separate landscaped areas from parking areas;

• Snow storage areas shall be indicated on the plans, shall not obstruct the minimum number of parking spaces needed to meet zone requirements and shall be arranged so as not to obstruct vehicular/pedestrian movement or safe sight lines;

• Minimum landscaped buffer strips between parking areas and lot lines shall be shown as required by zoning.

6. Garbage and Loading Facilities

• Outdoor garbage and refuse storage will be located in a rear yard and shall be visually screened with plantings, opaque wooden fencing or walls constructed of materials similar to those used on the main building or any combination thereof;

• Loading facilities shall generally be located to the side or rear of the building, and, where visible from a road allowance or public space should be screened with plantings, opaque wooden fencing; or walls constructed of materials similar to those used on the main building or any combination thereof.

7. Landscaping and Planting Design

• Details of any walls, fences, walkways (including surfaces), hedges, trees, shrubs, lawn or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands;

• Screening in the form of plantings, fences, free-standing walls (of materials complimentary to main building) or berms should screen unsightly areas or otherwise incompatible development;

• A planting plan shall generally consist of native species outlined in Schedule “E” of the Tree Canopy Preservation and Enhancement Policy, or species approved by the Town in writing. Planting plans should avoid invasive species or a large massing of a single species;

• Site plans should show vegetation and mature trees. Mature trees proposed to be removed shall be replaced in accordance with the Tree Canopy Preservation and Enhancement Policy. Landscaping plans should show how retained trees will be protected from the impacts of development;

• Where feasible, 1 new tree per 10 m of road frontage indicated in front or exterior side yards;

• Shoreline areas or parts of the property not otherwise intended to be used for development should be managed on a minimal intervention basis with vegetation retained or enhanced where feasible;

• Plantings should generally be of the following sizes: o Deciduous trees – 50 mm diameter caliper at breast height o Coniferous trees – 1.8 m, minimum height o Deciduous shrubs – 0.6 m, minimum height o Coniferous shrubs – 0.6 m, minimum height

8. Site Lighting

• Lighting of vehicular parking, laneways and pedestrian paths be sufficient to ensure safe movement and access;

• Lighting of significant site features both architectural and landscaping;

• Lighting designed and placed in a manner that avoids off-site light spillage both horizontally and vertically – dark sky compliant where possible;

• Lighting fixtures of compatible size to scale of building;

• For new commercial development or any parking area requiring or proposing free standing light fixtures, a lighting plan shall be required.

9. Site Grading

• Except as otherwise specified in guidelines adopted by the Town from time to time, a grading plan shall be provided for all new building construction and for parking areas with capacity for more than four vehicles. A grading plan should show:

o Benchmarks used for survey control; o Existing and proposed spot elevations throughout the site, along the

property line and on abutting properties within 5m of the subject property boundary;

o Elevations of existing and proposed catchbasins, manholes and culverts on site, within adjacent road allowances and on abutting properties within 5m of the subject property;

o Proposed method of land drainage and storm water retention/disposal including soakaways, ponding areas and intended direction of surface flow;

o Location and detail of surface water flow and outlets (arrows showing the percentage of slope);

o Cross sectional details for curbs and pavement in parking and fire lane areas (light duty and heavy duty);

o Construction details for retaining walls or other similar features; o Finished floor elevation for all buildings including top of foundation

and underside of footing elevations;

• Grades for pedestrian areas are defined by AODA requirements and should be supplied and noted as a percentage.

10. Site Servicing

• A site Servicing Plan, as determined by the Town, should show: o Location, size, length, material, proposed grade and invert elevations

for all existing or proposed storm and sanitary sewer connections to the property;

o Location, size and material of all existing or proposed water service connections and hydrants providing service to the property;

o Location and details of all existing and proposed on-site servicing (water, sewer and drainage) and utility works (hydro, telecommunications and natural gas):

o Existing centreline of adjacent roadways and boulevard grades;

• Easements conveyed to the municipality, as required, for the construction and maintenance or improvement of watercourses, ditches, land drainage works and sanitary sewer facilities on the subject property.

11. Street Furniture and Amenities

• Publicly accessible street furniture, including benches, outdoor tables and waste receptacles associated generally with new commercial development.

• Bike racks associated with all multiple residential development, commercial, industrial and institutional development.

12. Signage

• All exterior signs, consistent with the requirements of the Sign By-law in effect at the time of submission.

13. Storm Water Management

• Storm water Management Plan/Report showing post-development flows not exceeding pre-development flows and that:

o Define all pre and post development drainage areas along with run-off coefficients;

o Show Proposed method of land drainage and storm water retention/disposal including soakaways, ponding areas and intended direction of surface flow;

o Show Proposed ponding elevations for 5 year and 100 year rainfall events;

o Show Details of any storm water control devices;

• Existing/natural hydrological characteristics should be maintained and, where possible and appropriate, shall be enhanced to protect the base flow of existing natural water courses;

• Existing/natural infiltration of water on the development of the site shall be maximized with techniques to include vegetated filtration strips, porous pavement, sediment traps, natural swales, etc.;

• Established standards of practice will be used to ensure development will not increase downstream flooding, erosion or adverse effects on receiving water courses;

• Separation of sanitary and storm sewers is to be assured in any new site development or during any substantive redevelopment projects.

• To the greatest extent possible, environmentally sustainable approaches are to be utilized to protect surface and ground water resources.

14. Application Form Requirements

• The dated signature of all owners and agents shall be witnessed;

• A copy of the transfer of deed of land (first page of deed) or accurate registerable legal description of the property;

• Submission of all planning fees in effect at the time of submission, including review fees as may be required by the Rideau Valley Conservation Authority;

• A covering letter or report describing how the plan complies with the requirements of this By-law and any site plan guidelines in effect in the Town;

• Submission of all required background studies and plans including, but not necessarily limited to, storm water management, landscape, site servicing and site grading.

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THE CORPORATION OF THE TOWN OF SMITHS FALLS

BY-LAW NO. 10___- ***DRAFT***

A BY-LAW TO IMPLEMENT SITE PLAN CONTROL *********************************************************

WHEREAS Section 41 of the Planning Act, authorizes the Council of a Municipality to pass a Site Plan Control By-law where an Official Plan is in effect; AND WHEREAS the Town of Smiths Falls (“the Town”) has adopted an Official Plan, which has come into full force and effect; AND WHEREAS Section 41(13) of the Planning Act, RSO 1990, Ch. P.13, as amended authorizes the Council of a municipality to delegate to an appointed officer of the municipality any of Council’s power or authority under Section 41; AND WHEREAS the Town may require the approval of certain plans and drawings as a condition of development in the Town, and may require the owner to enter a Site Plan Agreement with the Town, in accordance with Section 41 of the Planning Act: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF SMITHS FALLS ENACTS AS FOLLOWS:

1. Site Plan Control Area

All land within the limits of the Corporation of the Town of Smiths Falls is hereby designated as a Site Plan Control Area.

2. Definitions

In this, by-law, “Council” shall mean the Council of the Corporation of the Town of Smiths Falls; “Development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the Planning Act. “Owner” means an owner of land whose interest in the land is defined and whose name is specified in an instrument in the property Land

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Registry or Land Titles Office and includes a corporate owner or partnership; “Planning Act” means the Planning Act, R.S.O. 1990, c. P. 13, as amended. “Redline Revision” means alterations to an approved site plan that, at the sole discretion of the Town Clerk,

• does not substantively impact the visual appearance of a development; and

• does not impact the operational requirements of any Town or applicable regulatory agency.

“Subject Lands” means lands affected by an approval given pursuant to this By-law. “Town” means the Corporation of the Town of Smiths Falls; Other terms not specifically defined in this By-law may be defined in the Town’s Zoning By-law currently in effect, which definitions are hereby incorporated by reference into this By-law.

3. Requirement for Site Plan Control Approval

a) Unless otherwise exempted by Section 4, no person shall undertake development within the Town unless the Owner obtains site plan approval from the Town in accordance with this By-law and Section 41 of the Planning Act.

b) As a condition of site plan approval referred to in Section 3(a), the Town may require the owner of the land to:

i. Provide any or all of the items provided for in Sections 41(4)(1) and (2) of the Planning Act;

ii. Maintain to the satisfaction of the Town and at the sole risk and expense of the owner any or all of the applicable facilities or works mentioned in subsection 41(7)(a)(2-9) of the Planning Act, including without limitation the removal of snow from access ramps and driveways, parking and loading areas and walkways;

iii. Enter into one or more agreements with the Town dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in subsection 41(7)(a)(2-9) of the Planning Act and the maintenance thereof and ensuring that development proceeds in accordance with the approved drawings and plans;

iv. Convey part of the owner’s land as highway widening.

c) In addition to the provisions of subsections (a) and (b), the Site Plan Application and Submission Checklist in Schedule “A”, attached hereto and forming part of this By-law, shall be addressed, to the extent they are applicable to a specific application, when filing a Site Plan Control Application with the Town. The provisions of Schedule “A” may be modified by a Motion of the Planning Advisory Committee or

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augmented by additional technical guidelines established by Council from time to time.

4. Classes of Development Excluded

The following classes of Development are hereby exempted from Site Plan control and may be undertaken without the approval of plans and drawings otherwise required under Section 3 hereof:

a) Any residential development containing two (2) new dwelling units or less, and structures accessory thereto, unless the following circumstances apply, in which case Site Plan approval would be required:

i. The subject property abuts the Rideau Canal or any lock station or other lands associated thereof;

ii. The development is in an area identified as a natural hazard as per the Provincial Policy Statement;

iii. The development is within 30 metres of a waterbody or watercourse; or within 120 metres of a Provincially Significant Wetland, unless previously accommodated through an approval under Section 50 of the Planning Act.

b) Minor renovations and extensions to existing buildings in a residential development. For the purposes of this By-law, a minor extension means:

i. Additions to, or reconstruction of, a single-detached, duplex or triplex dwelling which adds the lesser of sixty (60) square metres or thirty percent (30%) to the total building footprint;

ii. Construction of accessory buildings or construction of an addition to an existing accessory building having the lesser of 60 square metres, or a total cumulative size of not more than ten (10%) of the lot area; or

iii. Redevelopment that results in an increase in the number of dwelling units on a lot whereon no additional parking area or servicing connections are required.

c) Minor renovations and extensions to existing buildings or structures in a non-residential development. For the purposes of this By-law, a minor extension means:

i. Development that increases the gross leasable floor area of that building by a total of less than fifty (50) square metres, increases the total number of parking spaces required by fewer than five (5) and the lot on which said building is located is less than 0.4 hectares in size; or

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ii. Development that increases the gross leasable floor area of that building by a total of less than one hundred (100) square metres, increases the total number of parking spaces required by fewer than twenty (20) and the lot on which the building is located is 0.4 hectares in size or greater.

d) Any development, buildings or structures erected on lands owned by the Corporation of the Town of Smiths Falls.

e) Any development that is on lands in which a by-law passed under Section 70.2 of the Planning Act applies.

5. Classes of Site Plan Agreements

a) For purposes of s. 6 of this By-law, Minor Site Plan means:

i. Residential development containing four (4) new dwelling units or less;

ii. New non-residential development resulting in an increase in the gross leasable floor area of a building that is less than two hundred (200) square metres or 20%;

iii. any temporary building or development in place for a period of 12 months or less;

iv. any change to the land use that requires the erection of a new building or building addition that requires less than 5 additional on-site parking spaces inclusive of loading and barrier-free spaces;

v. any change of land use to a site not involving the erection of a new building or building addition that requires additional on-site parking and loading facilities; and

vi. Amendments to previous site plan approvals that meet the foregoing definition.

6. Delegation of Site Plan Approval

The powers and authority given to Council under Section 41 of the Planning Act are hereby delegated to the Clerk or designate, where they relate to a Minor Site Plan Application. The Clerk, at their sole discretion, may forward for approval to Council any Site Plan Application deemed necessary for further corporate review.

7. Authorization

To give effect to a site plan approval given under subsection 6, the Mayor and the Clerk are hereby authorized to sign any agreements and ancillary documents which may be required to implement conditions of such approval.

8. Redline Revisions

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a) Notwithstanding any provisions of this By-law to the contrary, the Clerk is hereby authorized to approve redline revisions to approved site plans.

b) Section 7 of this By-law shall apply to Redline Revisions authorized by the Clerk.

c) Section 13 of this By-law shall not apply to redline revisions.

9. Securities and Completion of Works at Owners’ Expense

a) Where a Site Plan agreement has been entered into, the Town may require that the Owner provide financial security to ensure the satisfactory completion of facilities, works or other matters as provided for in Section 41(7)(a) of the Planning Act. The securities are assessed at 50% of the estimated costs for such works on the subject property and full value (100%) on Town owned land.

b) Securities shall be presented to the Town as an irrevocable letter of credit, cash or certified cheque to the satisfaction of the Town.

c) Where an owner is required to complete development in accordance with a Site Plan Agreement and is in default of the Agreement, the Town is hereby authorized to complete the requirements of the Agreement at the expense of the owner and the expense so incurred may be recovered from securities posted for the works, or, where such securities are insufficient to cover the works, in like manner as municipal taxes, or by action.

10. Rights of Entry

Unless prohibited by law, any site plan approval shall contain a provision whereby any applicable Town official may enter land subject to the agreement to inspect same for compliance with the Agreement. Nothing in this provision authorizes the entry of any room actually being used as a dwelling.

The right of entry described above is in addition to any statutory right of entry the Town may otherwise have.

11. Pre-Consultation

As provided in Section 41(3.1) of the Planning Act, applicants shall consult with Town staff prior to the submission of plans and drawing for approval. This consultation shall be considered part of a complete application submission.

12. Previous Site Plan Agreements

All site plan approvals previously given pursuant to Section 41 of the Planning Act will continue to be in full force and effect.

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13. Registration on Title

Any site plan approval, or amendment thereto made in accordance with the provisions of this By-law, shall be registered on title to the lands affected by the Agreement or Amendment, and the cost of such registration shall be borne by the owner or person undertaking the development.

14. Lapsing of Approval

A site plan approval lapses,

(a) where a building permit is required for the development:

i. at the expiration of one year from the date of approval if, within the one-year period, no building permit is issued for the development;

ii. where the owner has not started construction within one year of date of issuance of the building permit or the construction of the development has not been completed within two years of the date of issuance of the building permit; or

iii. upon the revocation at any time of any building permit issued for the development; or

(b) where no building permit is required but the owner has not started development within one year of date of site plan approval or the construction of the development has not been completed within two years of the date of site plan approval; or,

(c) where the Town has granted approval to the plans and drawings and a Site Plan Agreement is necessary to implement the development, but no Site Plan Agreement has been executed and Registered on Title within one year of the said approval; or

(d) where no agreement has been registered, upon the date of giving written notice by the Town to the owner by registered mail and/or posting notice on site, revoking the approval; or

(e) where an agreement has been registered, upon the registration of a notice that the approval is revoked and the agreement is terminated;

The owner may apply to the Town at any time prior to the expiry of the approval for an extension of the lapsing provision. The Town may agree in writing to an extension at its sole discretion.

15. By-laws 7730-03 and 8084-2007 of the Corporation of the Town of Smiths Falls are hereby repealed.

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THIS By-law shall come into force and take effect on the day it is finally passed.

READ A FIRST, SECOND AND THIRD TIME and finally past this xxx day of XXX, 2021

_______________________ ________________________

Mayor Clerk