Public engagement and beachfront redevelopment

Public engagement and beachfront redevelopment

Some in the community have been stating there is a need for public consultation on the beachfront redevelopment proposal by Bayloc. 

Council’s position is that the public has already been extensively consulted in the creation of the Downtown Master Plan, Official Plan policies, urban design guidelines and zoning amendments for the beachfront area. This was done during the period 2016-2021.  The documents that flowed from that consultation are available on the town’s website for review by clicking the Build Wasaga Portal and then the Beachfront Development tab. Available documents include the Downtown Master Plan, Design Guidelines and Official Plan amendments. 

The public consultation phase of the re-development is now complete and the town is in the implementation phase, beginning with negotiating an Agreement of Purchase and Sale (APS) with a preferred developer.  The developer is required to propose concepts that adhere to the requirements of the council approved polices. Council in reviewing the concepts is required to ensure that the policies are upheld.  The negotiations are confidential, which is normal for this type of transaction and permitted under the Ontario Municipal Act.

The signing of the APS will lead to the preparation of a master development agreement that will govern how the development will unfold and then site plan agreements for Block 1 and the other blocks of land.

Site Plans and Site Plan Agreements do not require public consultation under the Planning Act.  The developer has indicated their desire to share his concepts after the APS is signed, but is not required to do so.

Redevelopment history

In March of 2015, the 2014-2018 council purchased beachfront property without any public notice for $13.5-million. Since then Wasaga Beach taxpayers have been carrying the cost of the purchase at approximately $800,000 per year ($5.9-million in principle and interest from May 2015 to May 2022) and $5.1-million net in operating costs for a total of $11.0-million over the last seven years.

This council made the decision early in the term to sell the property to a developer with specific requirements on how the property is to be developed for the benefit of taxpayers.  The sale and redevelopment of these lands would rejuvenate the main beach area, relieve annual carrying costs, and would generate future property tax revenue.

They did this by going through a proper land sale and development process.  Council initiated a Request for Expression of Interest process (RFEOI) to identify interested developers and then invited those shortlisted developers to submit proposals through a Request for Proposals process (RFP). The selected developer is required to meet the development requirements as outlined in the Official Plan, Design Guidelines and Zoning By-law. All submissions were reviewed against set criteria based on the aforementioned documents.

Bayloc finished fifth out of nine of companies that expressed interest in redeveloping the beachfront. They were then invited to submit a proposal, where they finished second.

The Town negotiated with the first place finisher, Slate Asset Management until it was determined that an agreement on the value of the town owned lands could not be reached.  The town negotiating team started negotiating with Bayloc in February 2022.

The Town of Wasaga Beach, like any other municipality in Ontario, must follow the Planning Act in dealing with land use planning matters.  The act specifies when the public are to be engaged in the creation of land use policies through the various steps in preparing land for development.  The Town of Wasaga Beach is following the provincial requirements. Public involvement is not required for the approval of site plans.

The following outlines the town’s planning framework and the public processes that took place to prepare the beachfront for redevelopment.

Town of Wasaga Beach planning framework

The Town of Wasaga Beach administers the land use planning process outlined in the Ontario Planning Act:

• it makes local planning decisions that will determine the future of the town
• prepares planning documents, such as:
• an official plan, which sets out the municipality's general planning goals and policies that will guide future land use
• zoning bylaws, which set the rules and regulations that control development as it occurs
• administers site plan control over development
• ensures planning decisions and planning documents are consistent with the Provincial Policy Statement and conform or do not conflict with provincial plans
• puts approval processes in place that help make planning work clearer and faster, where it is possible and appropriate.

Official Plan

The central activity in planning a community is creating an official plan. This is the critical document that guides future development in the best interest of the community as a whole.

Council must give the public as much information as possible when preparing its official plan or amendments and, in some cases, must hold a public open house to let the public review, ask questions, and provide suggestions or comments about the plan. Before it adopts the plan or amendment, council must hold at least one public meeting where the public can formally give its opinion.

The act encourages early upfront public involvement in the Official Plan creation process. The Planning Act contains similar procedures for changes to the official plan, for zoning bylaw amendments, and approval of plans of subdivision. 

Once an official plan is in effect, it guides all of the municipality's planning decisions. It means that:

• the local council and municipal officials must follow the plan
• all new services, sewer or watermains, for example, must conform to the plan
• all bylaws, including zoning and related bylaws, must conform with the official plan
• all developments must follow the official plan

The Town of Wasaga Beach’s official plan contains detailed policies on how land at the beachfront should be used.  An official plan is not set forever. The plan can be changed or amended as the community's needs change.

The Official Plan also contains policies to guide council on public participation:

PUBLIC PARTICIPATION

19.15.1 The Planning Act, as amended, provides that an Official Plan may contain a

description of the measures and procedures for informing and securing the views of the public in respect of a proposed Amendment to, or a proposed revision of, the Plan, or in respect of a proposed zoning by-law.

19.15.2 The provisions of the Planning Act, as amended, regarding public participation,

and the regulations passed thereunder, continue to apply except where alternative procedures are specified in this section.

19.15.3 Public Open Houses and Public Meetings

19.15.3.1 Council shall have the option of requiring that an open house be advertised

and held a minimum of 7 days prior to a public meeting. An open house is required in the following circumstances:

a) Official Plan five-year review updates;

b) Official Plan Amendments that implement a development permit system;

c) Zoning by-law updates as a result of a Official Plan five-year review; or

d) Zoning by-laws that implement a development permit system.

19.15.3.2 Council, or a Committee of Council to which Council has delegated the

authority, shall hold a public meeting prior to the adoption of an Amendment to

this Plan or the passage of a zoning by-law or zoning by-law Amendment.”

Zoning bylaw

A zoning bylaw:

• requires public input before it is adopted
• implements the objectives and policies of a municipality’s official plan provides a legal and precise way of managing land use and future development
• in addition to the official plan, protects you from conflicting and possibly dangerous land uses in your community

Site Plan Control

Site Plan Control is a planning tool provided to municipalities under Section 41 of The Planning Act (RSO 1990) and does not require public input.

Under Site Plan Control the town exercises control over detailed site-specific matters to ensure that a development proposal meets the requirements of the Official Plan, Design Guidelines, Zoning By-law, is well designed, fits in with the surrounding uses and minimizes any negative impacts.

The town is able to control or influence matters such as:

• the massing and conceptual design of buildings;
• the relationship of proposed buildings to their surroundings;
• vehicular and pedestrian access and walkways;
• exterior design (character, scale and appearance of buildings) and their sustainable design;
• sustainable design elements (plantings, street furniture, bicycle parking facilities, waste and recycling enclosures);
• facilities designed for accessibility;
• traffic direction signs;
• road widenings;
• loading and parking facilities and their surface treatment;
• emergency vehicle access;
• lighting; landscaping (trees and plantings); easements to the municipality for the construction,
• maintenance or improvement of drainage and municipal services and utilities and stormwater management.

 Site plan control is also used to ensure that:

• new developments are built and maintained in the way that council approved
• new developments meet certain standards of quality and appearance
• there is safe and easy access for pedestrians and vehicles
• the appearance and design features of buildings, and their sustainable design, are satisfactory
• there is adequate landscaping and drainage
• nearby properties are protected from incompatible development
• control the “exterior design” of a building, which can include “character, scale, appearance and design features of buildings”.

Reviewing and approving a site plan application can be very technical with information and considerations specific to the proposed development site, including building design, landscaping or other detailed features. The information required is often prepared by professionals such as architects, engineers or landscape architects and may include landscape plans, barrier-free access features, and servicing plans.

Municipal staff review site plan applications and, subject to Council approvals, create agreements that developers enter into to ensure the property is developed in accordance with council’s policies.

History of public participation in the development of policies to guide development of the beachfront

Creation of Downtown Master Plan, including Beachfront area

1. Public Presentations
   1. Kick-Off Meeting and Presentation - August 22, 2016;
   2. Starter Ideas Presentation – August 25, 2016;
   3. Design Presentation – September 28, 2016.
   4. Documentation Presentation - November 30, 2016
2. Open House Drop-In Sessions
   1. August 24, 2016;
   2. September 29, 2016.
   3. December 1, 2016
3. Stakeholder Interviews
   1. Week of August 22, 2016
   2. Week of September 26, 2016

In addition to the above engagement, a letter seeking feedback on the direction of the DDMP was sent to every business owner in town.

Official Plan amendments implementing the Downtown Master Plan

Public meeting held on May 29, 2018

Implemented the land use framework outlined in the Downtown Master Plan for the beach area with new detailed policies, including built form policies and special policy provisions for Festival Square.

Downtown Wasaga Beach Urban Design Guidelines

Approved on June 26, 2018.

Public meeting held on May 29, 2018

The purpose of the Downtown Urban Design Guidelines is to provide urban design direction and guidance for proposed developments at the site plan application stage in order to assess, promote and fulfill the intent of the town’s Official Plan policies, Downtown Master Plan vision and Zoning By-law. All work together to influence the overall urban structure and quality of the downtown public realm, with the intent to promote high standards of urban design for both public realm and private realm development and spaces.

Amendment to the Official Plan to introduce development flexibility

Approved on April 27, 2021.  No appeals to Ontario Lands Tribunal were filed.

Public meeting held on March 2, 2021

This amendment introduced flexibility in the planning policy framework under the Official Plan and updated policies for road network improvements based on Town’s Environmental Assessment for Main Street and Beach Areas 1 & 2.  The amendments focused on Private Property Development Standards: including building height, development density, built form, and mixed-use development; and Public Realm Improvements: including public squares, community hub, roundabouts, arterial road widths, and public road improvements.  General conformity to the Downtown Master Plan and Urban Design Guidelines were maintained.

Zoning Bylaw amendments

i.        Zoning By-law Amendment No. 2014-92, enacted October 2014 under the 2010-2014 Cal Patterson council.

Rezoned the majority of the properties at Beach Areas 1 and 2, between Spruce Street and 5^th Street North and Mosley Street north to the beach to CTH-18 – Tourist Commercial Exception 18 with a Hold.  A public meeting was held under the authority of the Planning Act to obtain public input on the proposed zoning change.

The Tourist Commercial Exception 18 Zone (CT-18) was a new Zoning category and it permitted:

• Residential town houses and apartments, with a commercial component (non-tourist) with a minimum height of 2 stories
• An maximum height of 6 metres (20 feet) with a provision to allow a maximum of 18 metres (59 feet) in return for community benefit features under Section 37 of the Planning Act
• Non-residential building permitted to be a maximum of 18 metres in height. An additional 6 metres (20 feet) in height permitted to a height of 24 metres (79 feet) in exchange for community benefits
• Non-residential uses including hotel, amusement park, arena, art gallery, theatre, etc.
• Hotel would have a minimum of 60 units with a provision to allow condominium occupancy for up to 40% of the building.

 ii.        Zoning By-law Amendment No. 2018-92, enacted June 2018 under the Brian Smith 2014-2018 council

Rezoned the majority of properties at Beach Area 1 and 2, between Spruce Street and the centre of Playland Park/Festival Square parking lot, Beach Mixed-Use Zone with a Hold (B1H).  The area from the centre of Playland Park/Festival Square parking lot to 3^rd Street was zoned Beach Transition Zone with a Hold (B2H).

The Beach Area 2 area between 3^rd Street and 5^th Street was zoned B1H as well. Angular plane provisions for apartment structures added as well.  The two zoning categories cover most of the properties north of Mosley Street to the beach.  Public meetings were held under the authority of the Planning Act to obtain public input on the proposed zoning change.

The Beach Mixed-Use Zone (B1) is a new Zoning category and it permits:

• Apartment dwellings, town houses, duplex & tri-plexes, apartment dwellings as part of a mixed use development
• Non-residential uses including arcade, hotel, amusement park, commercial recreation establishment, gaming facility grocery store, restaurants, arena, art gallery, theatre, etc.
• Minimum building height - 3 storeys.
• Maximum building height - 6 storeys.

The Beach Transition Zone (B2) is also a new Zoning Category and it permits the same uses as the B1 Zone:

• Apartment dwellings, town houses, duplex & tri-plexes, apartment dwellings as    part of a mixed use development
• Non-residential uses including arcade, hotel, amusement park, commercial recreation establishment, gaming facility grocery store, restaurants, arena, art gallery, theatre, etc.
• Minimum Building Height – no minimum
• Maximum Building Height – 4 storeys

 iii.        Zoning By-law Amendment No. 2021-37, enacted April 2021 under the current council

Rezoned properties previously zoned Beach Transition Zone with a Hold (B2H), (the area from the centre of Playland Park/Festival Square parking lot to 3rd Street) to Beach Mixed-Use Zone with a Hold (B1H).

Added a new definition for Restaurant, Take-out (Food Vehicle) and added the use as a permitted use under the B1 and B2 zones.  Public meetings were held under the authority of the Planning Act to obtain public input on the proposed zoning change.

The impact of this rezoning was to establish consistency in zoning for the town owned  properties at Beach Area 1, from Spruce Street to 3^rd Street, north of Mosley Street to the beach.  They are all now zoned Beach Mixed-Use Zone with a Hold (B1H), which permits buildings up to six stories across the beachfront.  Prior, the height alternated across the beachfront between four and six storeys.

What is the current state of development approvals for the Beachfront

• Downtown Master Plan Vision for the Beachfront is still in effect
•  Beachfront Official Policies that guide development at the beachfront are still in effect
•  Zoning provisions that outline detailed requirements for each property are still in effect
•  Urban Design Guidelines that the beachfront developer is to follow are still in effect
•  Proponent has submitted development concepts that are being evaluated against these planning requirements.
•  Master Development Agreement is being drafted that we cover the main requirements of the Official Plan across all the properties being sold

Proponent has indicated that if he is able to come to an agreement with the town and sign a Purchase and Sale Agreement he will share his concepts with the public.

When negotiations are complete, the town will share information with the public.