Title
AMENDMENT TO THE ZONING BY-LAW - 582 ESSA ROAD (2858098 ONTARIO INC.) (WARD 7)
1. That the Zoning By-law Amendment Application submitted by Pilon Abbs Inc. on behalf of 2858098 Ontario Inc. to rezone lands legally known as Lot 16, Plan 1101, being Lot 3, Concession 11 in the Geographic Township of Innisfil, City of Barrie, and known municipally as 582 Essa Road from ‘General Commercial’ (C4) to ‘Mixed Use Corridor with Special Provisions, Hold’ (MU2)(SP-XXX)(H-XXX) be approved.
2. That the following site specific standards be referenced in the implementing Zoning By-law Amendment for the subject lands, as described and illustrated in Appendix “A” attached to Staff Report DEV060-23:
a) A maximum front yard setback of 6.72 metres shall be permitted along Essa Road, whereas 5.0 metres is required;
b) The front yard setback may be a combination of paved and landscaped area which is seamlessly connected with the abutting sidewalk, whereas the setback is required to be fully paved;
c) A maximum side yard setback of 3.41 metres shall be permitted along the southern property limit, whereas 3.0 metres is required;
d) A maximum building height of 27.2 metres shall be permitted, whereas 25.5 metres is permitted;
e) That commercial parking spaces may be provided at a ratio of 1 space per 28 square metres of commercial ground floor area (15 spaces), whereas a ratio of 1 space per 24 square metres of commercial ground floor area (17 spaces) is required;
f) That outdoor amenity area may be provided as unconsolidated at a ratio of 5.8 square metres per residential unit, whereas a ratio of 12 square metres per residential dwelling unit is required;
g) That the front yard façade step-back shall be measured as a 47 degree angular plane at height above 80% equivalent right-of-way using 3.0 metre step-backs, whereas a 45 degree angular plane at height above 80% equivalent right-of-way using 3.0 metre step-backs is required; and
h) That the rear yard façade step-back shall be measured as a 47 degree angular plane above 7.5 metres using 3.0 metre step-backs, whereas a 45 degree angular plane above 7.5 metres using 3.0 metre step-backs is required.
3. That the Hold (H-XXX) be removed from Mixed Use with Special Provisions (MU2)(SP-XXX) zone when the following is completed to the satisfaction of the City:
a) That the owner/applicant undertake and/or agree to satisfy the requirements of a Certificate of Property Use and/or Record of Site Condition under the Environmental Protection Act prior to any site works or issuance of a Building Permit;
b) That the owner/applicant undertake a fire flow test to confirm sufficient infrastructure capacity for the proposed development, completed to the satisfaction of Development Services - Approvals;
c) That the owner/applicant amend the Site Plan Concept to incorporate landscape strips and protection for boundary trees or consent to harm boundary trees from adjacent landowners to the satisfaction of Development Service - Parks Planning; and
d) Approval of a Site Plan Control application and execution of a Site Plan Agreement including details on the privacy of adjacent residential units due to openings, glazing and the rooftop amenity space and if any private trees are removed, replacement trees should be a minimum of 60mm caliper size along the north east property line adjacent to existing residential uses.
4. That the written and oral submissions received relating to this application have been, on balance, taken into consideration as part of the deliberations and final decision related to the approval of the application as amended, including matters raised in those submissions and identified within Staff Report DEV060-23.
5. That pursuant to Section 34 (17) of the Planning Act, no further public notification is required prior to the passing of the by-law. (DEV060-23) (File: D30-018-2023)