WATERFRONT COMMERCIAL DEVELOPMENT PERMIT AREAS

Transcription

1 Official Plan Intent By-law Discussion Paper # 19 WATERFRONT COMMERCIAL DEVELOPMENT PERMIT AREAS Meeting Dates: March 7, March 20, April 3, April 4, April 16 April 25 and May 7, 2002 To recognize waterfront commercial uses for their contribution to the heritage, character and diversity of the waterfront area and their important role as economic generators in terms of employment and business assessment for the Township To strengthen and enhance waterfront commercial uses, while ensuring a balance with the preservation upon the resources upon which these uses depend, the natural environment and the character of the area. Applicable Policies Lake of Bays Official Plan Sections H.60 to H.63 Importance of waterfront commercial uses Section H.64 Appropriate limits for expansion to be established in zoning Section H.65 to H 66 New waterfront commercial uses to proceed by OPA Section H.67 to H.69 Site plan control and open space Section H.18 to H.20 Waterfront character Section H.21 to H.25 Shoreline Activity Areas Section H.28 to H.29 Access for resorts Section C.32 to C.33 Commercial uses with open space focus Section D.12 Water setbacks Section F.5 to F.12 Resort development and discouragement of downzoning Section H.36 to H.37 Boat impact assessments Background & Considerations Zoning requirements for Lake of Bays, Georgian Bay, Gravenhurst and Muskoka Lakes are attached. A summary of existing waterfront commercial uses in Township of Lake of Bays is attached. Draft waterfront commercial definitions are attached. May 9,

2 Discussion Papers # 1 (Shoreline Provisions), #4 (Waterfront Residential Zones) and #16 (Community Commercial) Background report for the Muskoka Lakes Zoning By-law entitled Criteria Used in Assigning Resort Commercial Zone Categories, prepared by Margaret Walton (1990). An excerpt is attached. Recommendation 1. The waterfront commercial development permit areas and permitted uses are set out in the attached chart. Rationale a) Waterfront Resort Commercial (WRC) would include uses which provide roofed accommodation for the vacationing and travelling public. Waterfront Resort Commercial - Backlot (WRC-B) would extend to the limit of the Waterfront designation and would include uses which provide accommodation for the vacationing and traveling public and freestanding accessory uses to a Waterfront Resort Commercial development permit area. Waterfront Resort Commercial Open Space (WRC-OS) would also extend to the limit of the waterfront designation, where appropriate, and would permit accessory open space uses and other accessory uses as discretionary uses to a resort commercial establishment. Waterfront Service Commercial (WSC) would primarily include establishments such as marinas and waterfront contractors which provide docking and mooring facilities, and construction and other services to the waterfront community. Waterfront Service Commercial Backlot (WSC-B) would extend to the limit of the Waterfront designation and would permit establishments which provide boat storage, construction and other services to the waterfront community. b) Accessory golf courses are permitted in the WRC, WRC-OS and WRC-B development permit areas in reflection of Official Plan policy which anticipates resort development with an open space focus. May 9,

3 Recommendation Rationale c) In recognition of the additional flexibility needed by existing resorts and in response to the direction of Planning Advisory Committee, housekeeping and accommodation units should be permitted on resort commercial backlots, but only as part of a resort with water frontage. d) There are no existing tourist camping establishments in the waterfront today, and provisions have not been developed for such a use. Any proposed new tourist camping establishment would be required to proceed by Amendment to the Official Plan and appropriate development would be reviewed through that process. 2. The provisions for waterfront commercial development permit areas are set out in the attached chart. a) The lot area and frontage standards for Waterfront Resort Commercial and Waterfront Service Commercial development permit areas will be based on existing situations in order to discourage severances and fragmentation of the tourist commercial land base. b) The Official Plan requires a water setback of 30 metres for tourist commercial uses. c) The Official Plan encourages the expansion and redevelopment of resorts, while maintaining a balance between the resort and the natural environment and waterfront character, and requires that expansion limits be set out in zoning. The rationale for the proposed expansion criteria is attached. d) It is recommended that lot coverage be approached in a similar manner as was recommended for waterfront residential lots. The approach outlined in the attached information increases the permitted coverage for waterfront commercial lots, and at the same time limits the concentration of development within 120 metres of the shoreline. The 120 metre criteria is twice that used for residential May 9,

4 Recommendation Rationale lots, and generally coincides with the extent of existing waterfront commercial zoning. e) It is recommended that Shoreline Activity Area coverage be increased from 40% for residential to 50% for resorts and 75% for marinas to reflect the nature of the use and to recognize the increased water setback required by the Official Plan. Sketches are attached which describe the implications for typical lots. f) All existing waterfront commercial operations are located on year round maintained public roads, and therefore provisions for commercial development on private roads are not required. 3. It is recommended that variations from standard provisions in the Resort Commercial and Service Commercial development permit areas require the approval of Council, with notice to neighbours within 120 metres. 4. It is recommended that discretionary uses in the Resort Commercial and Service Commercial development permit areas require the approval of Council, with notice to neighbours within 120 metres. 5. Properties that are currently zoned but not used for a commercial use will be reviewed on a site by site basis to determine the appropriate development permit area. May 9,

5 WATERFRONT COMMERCIAL PERMITTED AND DISCRETIONARY USES RESORT COMMERCIAL RESORT COMMERCIAL BACKLOT RESORT COMMERCIAL OPEN SPACE SERVICE COMMERCIAL SERVICE COMMERCIAL BACKLOT PERMITTED USES (a) DISCRETIONARY USES (a)(b) PERMITTED USES (a) DISCRETIONARY USES (a) (b) PERMITTED USES DISCRETIONARY USES PERMITTED USES (a) DISCRETIONARY USES (a) (b) PERMITTED USES (a) DISCRETIONARY USES (a) (b) B&B, Commercial Institutional tourist establishment Tourist establishment Motel Similar uses Accessory golf course Accessory driving range Accessory stables Uses accessory to Resort Commercial permitted uses Uses permitted in Resort Commercial, only as part of a shoreline Resort Commercial use Similar uses Accessory golf course Accessory open space uses Accessory golf course Accessory driving range Other accessory uses to Resort Commercial Accessory stables Similar uses Marina Waterfront Landing Boat storage Contractor s yard Outfitter Similar uses Uses accessory to Service Commercial permitted uses Boat storage Contractor s yard Similar uses Resort Accessory driving range Accessory stables (a) Permitted and Discretionary uses include accessory uses, unless specifically listed, but exclude shooting ranges, archery ranges or similar (b) It is recommended that waterfront commercial discretionary uses be subject to the approval of Council and be circulated to landowners within 120 m.

6 MINIMUM REQUIREMENTS EXISTING TOURIST COMMERCIAL RESORT COMMERCIAL WATERFRONT COMMERCIAL STANDARDS AND VARIATIONS RESORT COMMERCIAL BACKLOT RESORT COMMERCIAL OPEN SPACE SERVICE COMMERCIAL SERVICE COMMERCIAL BACKLOT STANDARD VARIATION STANDARD VARIATION STANDARD VARIATION STANDARD VARIATION STANDARD VARIATION LOT AREA Varies Existing N/A 4 ha 10% Existing N/A Existing N/A 4 ha 10% ROAD FRONTAGE 45.5 m Existing N/A 134 m 10% Existing N/A Existing N/A 134 m 10% (public road) WATER FRONTAGE 60 m Existing N/A N/A N/A Existing N/A Existing N/A N/A N/A 30 m 10% N/A N/A 20 m (30 m 30 m 10% N/A N/A SHORELINE YARD N/A abutting Type 1 habitat FRONT YARD 10 m 10 m 50% 10 m 50% 10 m 50% N/A N/A 10 m 50% REAR YARD 10.5 m 10 m 50% 10 m 50% 10 m 50% 10 m 50% 10 m 50% SIDE YARD 9 m 10 m 50% 10 m 50% 10 m 50% 10 m 50% 10 m 50% EXTERIOR SIDE 10 m 50% 10 m 50% 10 m 50% 10 m 50% 10 m 50% 10 m YARD MAXIMUM REQUIREMENTS HEIGHT (principal) 10.5 m 8.5 m 20% 8.5 m 20% 11 m 20% 8.5 m 20% 8.5 m 20% HEIGHT (shoreline 4.2 m 20% N/A N/A 4.2 m 20% 4.2 m 20% N/A N/A accessory) HEIGHT (other accessory) 7 m 20% 7 m 20% 11 m 20% 7 m 20% 7 m 20% LOT COVERAGE 50% N/A N/A 8%. 20%` (max of 10%) SAA 50% 10% (max of 55%) 30 m 120 m 30% 15% (max of 35%) Total Lot coverage (including all lands > 30 m from shoreline N/A 10% 25% (max of 12.5%) 5% 20% (max of 6%) N/A N/A N/A N/A 50% 10% (max of 82%) N/A N/A N/A N/A 30% 15% (max of 35%) N/A N/A N/A N/A 10% 25% (max of 12.5%) N/A N/A 8% 20% (max of 10%) N/A N/A N/A N/A N/A N/A GROSS FLOOR AREA 0.8 ha sq. m. for each unit >10 # DOCKING SPACES (also subject to Shoreline Activity Area provisions) 750 sq. m. per ha (3229 sq. ft. per acre) 1000 sq. m. per ha (4306 sq. ft. per acre) N/A 14 50% (subject to boat impact assessment) 750 sq. m. per ha (3229 sq. ft. per acre) 1000 sq. m. per ha (4306 sq. ft. per acre) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 14 50% (subject to boat impact assessment) N/A N/A

7 Other Muskoka By-laws MUSKOKA LAKES RESORT EXPANSION CONSIDERATIONS AND RATIONALE FOR DEVELOPMENT PERMIT PROVISIONS The approach is to link GFA to lot area, based on categorizing lots according to frontage and area and constraints. It has been generally been working well Zones range from 1000 sq. ft. per acre to 4000 sq. ft. per acre, with max lot coverage of 10% TC Zoning is currently limited for the most part to those lands within 500 ft. of the shoreline. GRAVENHURST Links GFA to lot area Zones range from 93 sq. m. (1000 sq. ft.) to 372 sq. m. (4000 sq. ft.) per 0.4 ha (1 acre) Doesn t appear to be a lot coverage provision CURRENT LAKE OF BAYS BY-LAW Requires a minimum 0.8 ha (2 acre) lot size plus 360 sq. m. (3875 sq. ft.) of lot area for each additional unit over 10 Translates to 5 units per acre for first 10 units, then 11 units per acre Assuming an average unit size of 800 sq. ft., this converts to over double the maximum allowance in Gravenhurst and Muskoka Lakes Has a maximum lot coverage of 50% DRAFT NEW LAKE OF BAYS BY-LAW Community Tourist Commercial zone permits 1 unit per 675 sq. m. (7265 sq. ft.) of lot area (or 6 units per acre, or if we assume a unit is 800 sq. ft., 4800 sq. ft. per acre) and a maximum of 15% coverage on private services The permitted density in the Waterfront should be somewhat lower than in the communities WHAT DO WE WANT TO ACHIEVE? Encourage resort expansion and redevelopment Ensure that appropriate limits are set as per the Official Plan Address # units, total GFA, lot coverage and impact on the waterfront Therefore we need an approach which factors all of this into the provisions LOB OP directs us to include as much of a property as possible within the Waterfront. Since we may end up with more lands shown as TC (beyond the 500 ft.) we may need to limit the are of the lot available for lot area calculations

8 # UNITS Assuming 1 unit = 74 sq. m. (800 sq. ft. or less) 1 unit per 1000 sq. m. (4 units per acre, or 296 sq. m. (3186 sq. ft) per acre) 1 unit per 800 sq. m. (5 units per acre, or 370 sq. m. (3982 sq. ft.) per acre) RECOMMENDATION: Use GFA to give resort owners flexibility STANDARD: 300 sq. m. (3229 sq. ft.) per 0.4 ha (1 acre) PERMITTED VARIATION: 400 sq. m. (4306 sq. ft.) per 0.4 ha (1 acre) AMENDMENT: Anything over 400 sq. m. EXCEPTIONS Narrow waterbodies Water frontage less than 400 ft. Category 3 lakes In these cases, it is recommended that development potential be limited to 50% of the above

9 LOT COVERAGE / IMPACTS ON WATERFRONT Approach we have taken for residential lots is to divide the lots into 3 parts For Waterfront Resort Commercial: 50% 30 m (100 ft.) 10% 30% 120 m (400 ft.) (twice what we used for residential) Therefore, on a lot with 400 ft. of frontage and 15 acres of lot area: Permitted GFA = 3229 sq. ft. per acre 3229 x 15 = sq. ft. In the area between 100 ft and 400 ft, the maximum coverage is 10% 400 ft x 300 ft = sq. ft. 30% of sq. ft. = sq. ft. Therefore, sq. ft. can be located in this area based on one storey The remaining permitted GFA would be required to be located further back on the lot, to minimize the impacts at the shoreline. 400 ft frontage Permitted GFA = sq. ft. 30 m setback Permitted GFA = Remaining to max of 10% coverage 120 m

10 Therefore, LOT COVERAGE PROVISIONS: STANDARDS: SAA 50% coverage 30 m to 120 m 30% coverage Overall lot coverage 10% coverage VARIATIONS: SAA up to 60% 30 m to 120 m up to a total of 35% Overall lot coverage up to a total of 12.5% AMENDMENT TO DP BY-LAW Anything over

11 SHORELINE ACTIVITY AREA RESORT COMMERCIAL 120 m SAA 30 m 40 m 40 m X 20 m = 800 sq. m. 40% of 800 sq. m. = 320 sq. m. (3445 sq. ft.) 50% of 800 sq. m. = 400 sq. m. (4305 sq. ft.)

12 SHORELINE ACTIVITY AREA SERVICE COMMERCIAL 120 m 30 m SAA 60 m 60 m X 20 m = 1200 sq. m sq. m. X 40% = 480 sq. m. (5187 sq. ft.) 1200 sq. m. X 50% = 600 sq. m. (6456 sq. ft.) 1200 sq. ft. X 60% = 720 sq. m. (7750 sq. ft.) 1200 sq. ft. X 75% = 900 sq. m. (9687 sq. ft.)

13 RESORT EXPANSION POTENTIAL COMPARISON EXISTING BY-LAW AND PROPOSED DEVELOPMENT PERMIT PROVISIONS RESORTS EXISTING # UNITS POTENTIAL TOTAL # UNITS (EXISTING BY- LAW) DEVELOPMENT POTENTIAL (SQ. FT. (# UNITS)) SHORELINE LOT (PROPOSED DP BY- LAW) DEVELOPMENT POTENTIAL (SQ. FT. (# UNITS)) BACKLOT BILLIE BEAR* *** * (49)* (120) * BIRKENDALE* (7) N/A BLUE WATER (50) * N/A ACRES* BONDI VILLAGE (96) (144) BUNNY HOLLO (11) N/A CAMP OLYMPIA*? (112) * N/A FOXWOOD (20) 22400(28) GLEN M HOR? (136) N/A GROVE PARK? (36) N/A IDYLWYLD** (13) N/A LONG LAKE* 6 6* 2880 (6)* 2880 (4) LUMINA 37 ( (37) 55500(69) lodge) MAHARISHI (640) N/A NORSEMAN* 10 44* (24)* N/A NORTH PORTAGE* 6 27* (17)* N/A OXBOW LODGE* ** 15 35* (20)* N/A PORT CUNNINGTON (exemption) Carry over exemption N/A * RESORT ON A LAKE AT CAPACITY Further development subject to septic system being located 1000 feet back from shoreline (only feasible for Oxbow Lodge) or approval to use new technology ** RESORT ON A NARROW WATERBODY *** RESORT ON A CATEGORY 3 LAKE It should be noted that the numbers in this chart are approximate only and are based on existing zoning and assessment information

14 ACCESSORY WATERFRONT COMMERCIAL - DEFINITIONS Means a use of land, building or structure that is subordinate, incidental and exclusively devoted to the principal use and is usually located on the same lot. ACCOMMODATION UNIT Means a room or a suite of rooms within a tourist establishment, institutional tourist establishment or a bed and breakfast establishment designed to provide accommodation, but does not include a kitchen. An accommodation unit does not mean a dwelling unit. BED AND BREAKFAST ESTABLISHMENT Means the use of an owner-occupied detached dwelling or accessory sleeping cabin for shortterm or transient accommodation for the travelling or vacationing public in which the maximum of 3 bedrooms are used for this purpose. A bed and breakfast establishment may include the provision of meals and use of common areas to those persons residing temporarily therein, which does not include a group home, boarding house, restaurant, tavern, or tourist establishment. BED AND BREAKFAST ESTABLISHMENT, COMMERCIAL Means a tourist establishment designed for the travelling or vacationing public by furnishing short-term or transient accommodation in an owner-occupied detached dwelling or accessory sleeping cabin, which has a minimum of 4 and a maximum of 10 bedrooms for this purpose. A commercial bed and breakfast establishment may provide meals and use of common areas to those persons residing temporarily at the establishment, but does not include a restaurant or tavern. BOATHOUSE Means an accessory building used for the purpose of berthing or sheltering and storing boats and related equipment that is enclosed by more than one wall and is built, founded or anchored near or at the ordinary water s edge of a navigable waterway either over water or on the land. BOATPORT Means an accessory building used for the purpose of berthing or sheltering and storing boats that is roofed, but not enclosed by more than one wall and is built, founded or anchored near or at the ordinary water s edge of a navigable waterway. CAMPSITE Means an area of land within a tourist camping establishment or an institutional tourist establishment that is designed to accommodate the short-term placement of tents or a recreational vehicle. A campsite shall not mean an area of land used to accommodate a park model trailer, a mobile home or include structures such as porches, decks or sheds, but may include a tent platform.

15 CLUB Means the use of land, buildings or structures by a non-profit, non-commercial organization, which carries on social, cultural, athletic or recreational activities, but shall not include a gun club, an archery club or similar use, or any use otherwise defined in this by-law. CONTRACTOR S ESTABLISHMENT Means the use of land, buildings or structures where mechanical, electrical, structural, plumbing or general contractors administer their businesses and may include office space and outdoor storage of heavy equipment and building materials. A contractor s establishment shall not include the wholesale or retail sale of building, construction or home improvement goods, merchandise, equipment and supplies. DOCK Means a structure built, founded or anchored near or at the ordinary water s edge extending over the water at which boats are berthed or secured. FRONTAGE, WATER Means the horizontal straight-line distance determined as follows: a) where the front lot line abuts a shore road allowance, is the shoreline or is within a navigable waterway, the distance measured along the shortest line joining the point where one side lot line or a projection thereof intersects the shoreline and the opposite side lot line; or b) where there are no side lot lines, such as in the case of a peninsula, the greatest distance between any point on the front lot line and any point on the rear lot line, or c) where there are no side or rear lot lines, such as in the case of an island, the greatest horizontal straight-line distance measured between any two points on the front lot line. GOLF COURSE Means a public or private area operated for the purpose of playing golf and, without limiting the generality of the foregoing, may include a par 3 golf course, driving range, and accessory clubhouse and recreational facilities, but does not include a miniature golf course. GOLF DRIVING RANGE Means an open-air recreation facility where golf is practiced from individual tees and which may include accessory structures for the management and operation of the range, and miniature golf courses, but not golf courses. HOUSEKEEPING UNIT Means a room or a suite of rooms within a tourist establishment that is designed to provide accommodation and is equipped with a kitchen. A housekeeping unit shall not mean a dwelling unit.

16 INSTITUTIONAL TOURIST ESTABLISHMENT Means the use of land, buildings or structures for an establishment operated by a private organization that provides recreational, educational, health, or spiritual programs; sleeping accommodation on a temporary and reserved basis, and centralized facilities associated with such accommodation or programs, or for the provision of administration or dining. An institutional tourist establishment may include accessory buildings, structures or facilities incidental to the principal use, such as common washrooms, recreational facilities, a convenience store. An institutional tourist establishment shall not include a dwelling unit other than an accessory dwelling for the owner or operator or staff quarters, or a use otherwise defined by this by-law. MARINA Means the use of land, buildings or structures located on a navigable waterway for the docking and servicing of boats, where boats are stored, repaired, or kept for sale or hire and may include the sale of fuel or goods related to the running of boats, or a convenience store. MINIATURE GOLF COURSE Means the use of land for the purpose of simulating the game of golf on a small scale for profit or gain, and may include accessory buildings or structures, but does not include a golf course or a driving range. MOTEL Means a tourist establishment with accommodation units that have independent entrances from the outside. A motel may include central facilities such as an office, a restaurant, or recreational facilities, but does not include a use otherwise defined by this by-law. ORDINARY WATER S EDGE Means: a) where water levels are not managed by an MNR control structure, the ordinary interface between land and water identified by a mark made by the action of water under natural conditions on the shore or bank of a water way, which action has been so common and usual that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation and soil on the other side of the mark, or; b) where water levels are managed by an MNR control structure, the location at which the horizontal plane of the regulated summer water level intersects with the land. For the purposes of this By-law, the elevation of the regulated summer water level (GSC) shall be: i) Lake of Bays metres ii) Camp Lake metres iii) Peninsula Lake metres iv) Tasso Lake metres

17 RECREATIONAL FACILITIES Means the use of land, buildings, structures for passive or active recreation in conjunction with a principal use and without limiting the generality of the foregoing shall include an ice rink, a curling rink, a swimming pool, a playground, or a racquet court. RESORT Means a tourist establishment operated under one management with accommodation units or housekeeping units and central facilities such as an office, restaurant, tavern, place of assembly or entertainment, convenience store, docks, boatports, boathouses, or recreational facilities. RESTAURANT Means the use of a building or structure or part of a building for the preparation and sale of food and beverages for immediate consumption within or outside of the building or structure and may include ancillary home delivery, catering or take out services. SHORE ROAD ALLOWANCE Means a 20.1 metre wide allowance for a road originally reserved by the Crown along the shore of a navigable waterway, but shall not include an allowance that has become a road or has been closed and conveyed. SHORELINE Means the ordinary water s edge. SHORELINE ACTIVITY AREA Means the area located on both sides of the ordinary water s edge of a navigable waterway where accessory shoreline structures and human activity, including access to the water, may be located. The shoreline activity area is comprised of either one or two generally square or rectangular areas where the total cumulative frontage shall not exceed the length of the permitted shoreline activity area frontage. The side dimensions shall be generally parallel lines extending on land from the ordinary water s edge to the shoreline yard setback with these lines being projected for a maximum straight line distance of 20 metres over the water. SHORELINE ACTIVITY AREA COVERAGE Means the area of all buildings or structures, excluding stairs, landings, legal non-complying dwellings and sleeping cabins, located within the shoreline activity area, expressed as a percentage of an area determined by multiplying the maximum permitted shoreline activity area frontage by 20. The product of such calculation shall be expressed in square metres. Shoreline activity area coverage shall be measured on a horizontal plane to the outside edge of walls, the posts of an unenclosed structure, or the furthest extent of a deck or dock. SHORELINE ACTIVITY AREA FRONTAGE Means the length of shoreline of a lot that may be used for a shoreline activity area or areas. The shoreline activity area frontage shall be limited to a percentage of the water frontage or a stated maximum length, and shall be measured as the cumulative length of a series of straight lines approximating the ordinary water s edge.

18 TOURIST CAMPING ESTABLISHMENT Means the use of land, buildings or structures for commercial camping on a short-term basis where campsites are rented to and used by the travelling public. A tourist camping establishment may include accessory buildings, structures or facilities incidental to the principal use, such as common washrooms, recreational facilities, a convenience store, or an accessory dwelling unit for the owner or operator. A tourist camping establishment shall not include the residential use of a campsite, off season storage of tents or recreational vehicles on campsites, or a use otherwise defined by this by-law. TOURIST ESTABLISHMENT Means the use of land, buildings or structures for the provision of commercial roofed accommodation where accommodation or housekeeping units are offered for rent on a short term or transient basis to the public who is travelling, vacationing, engaged in leisure or recreation, or participating in conventions or meetings. A tourist establishment may include accessory uses, services, equipment or facilities normally incidental to such accommodation. A tourist establishment shall not include a dwelling unit except for a dwelling unit for the owner or operator, or staff quarters that are accessory to the principal use. WATERFRONT LANDING Means the use of land as a docking and parking facility, which serves as a mainland access point for a commercial property or 4 or more residential properties that are accessible by water, but which shall not include vessel or vehicle sales or rental or service, or the sale of fuel. WILDLIFE CENTRE Means the use of land, buildings or structures for the keeping, raising, and providing care of or the alleviation of disease or injury to wild animals for the purpose of public education, conservation or recreation and may include facilities for the visiting public or for administration.