THE DISTRICT MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA

Transcription

1 THE DISTRICT MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA Meeting No. PED Thursday, September 16, :00 a.m. Council Chamber, District Administration Building Pages 1. CALL TO ORDER 2. DECLARATIONS OF PECUNIARY INTERESTS ASSIGNED FUNCTIONS a) Granting of Draft Approval Subdivision File No, S (Beechwood Forest and Beechwood North Corporations) Recommendation THAT Plan of Subdivision File No" S (Beechwood Forest and Beechwood North Corporations), in the Town of Gravenhurst, be approved as detailed in Schedule "A" to the staff report dated September 1, b) Granting of Draft Approval Subdivision File No" S (Muskoka Bay Development Corporation) Recommendation THAT Plan of Subdivision File No.. S (Muskoka Bay Development Corporation) in the Town of Gravenhurst, be approved as detailed in Schedule "A" to the staff report dated September 1, c) Granting of Draft Approval Subdivision File No" S (Muskoka Bay Development Corporation) Recommendation THAT Plan of Subdivision File No, S (Muskoka Bay Development Corporation) in the Town of Gravenhurst, be approved as detailed in Schedule "A" to the staff report dated September 1, 2004., ONTARIO ROAD NETWORK (ORN) DATA EXCHANGE AGREEMENT Recommendation THAT the District Chair and Clerk be authorized to sign the ORN Data Exchange Agreement with the Ministry of Natural Resources (MNR) subject to the clearance of the District Solicitor and the Commissioner of Planning and Economic Development

2 ECONOMIC DEVELOPMENT a) Muskoka Airport Recommendation THAT the minutes of Muskoka Airport Committee meetings March 30, 2004 and May 11, 2004 be confirmed. INFORMATION AND OTHER ITEMS a) Development Activity Report Recommendation Submitted for information only.. b) Extensions to Draft Approval i) Subdivision File No.. 44T-90001, Glenwood Estates - Phase IV, Town of Huntsville was granted a two year extension to September 1, ii) Condominium File No.. 44CDM , Legends Development Corporation Phase III, Town of Huntsville was granted a two year extension to September 3, NEW BUSINESS 8. ADJOURNMENT Recommendation THAT the Planning and Economic Development Committee adjourns to meet again October 7, 2004 at 900 a.m. or at the call of the Chair.

3 ~T_HE_DISTRla MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO Pi L 1N3 Telephone (705) OR (705 area code) Fax (705) 646, TO: FROM: DATE: SUBJECT: Chair and Members Planning and Economic Development Committee Trevor Hawkins Planner September 1, 2004 Granting of Draft Approval Subdivision File No" S (Muskoka Bay Development Corporation) Part of Lots 24 and 25, Concession 3 Muskoka, Town of Gravenhurst RECOMMENDATION THAT Plan of Subdivision File No. S in the Town of Gravenhurst, be approved, as detailed in Schedule "Anto the staff report dated September 1, ORIGIN An application for the above noted plan of subdivision was submitted in conjunction with subdivision application S on May 20, 2004 and accepted as a complete application on June 15, ANALYSIS Proponent The application was submitted by List Planning Limited on behalf of Muskoka Bay Development Corporation. Location The subject property is located on the south side of North Muldrew Lake Road, south of Muskoka Road 169 in the Town of Gravenhurst. The subject lands are described as Part of Lots 24 and 25, Concession 3 in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. A location plan for the proposed development is attached. Background Portions of the site are part of a previously approved Official Plan Amendment (OPA No.6) and draft approved plan of subdivision (44T-93004), which proposed two hundred and thirty (230) residential units; including two hundred and five (205) single detached lots and one multiple residential development block with twenty-five (25) units. In addition, the previous draft approved plan incorporated a nine-hole golf course into the design of the subdivision. Combined, the two new Managing Our Legac!1 Together 90

4 subdivision applications (S and S2004-4) will consist of three hundred and thirty-nine (339) residential units.. The current proposal no longer includes the golf course.. The course is proposed to be expanded to eighteen (18) holes and located on a separate piece of land, south of the two subdivision applications. Proposal Subdivision File No. S is located at the north end of the property and proposes seventytwo (72) lots and two (2) multiple residential blocks (Blocks 75 and 76) that are proposed to include a total of fifty-three (53) units.. The average lot frontage proposed is approximately 18 metres (59 ft..) with a corresponding average lot area of 972 square metres (10,463 sq.. ft.). The proposed lots are to be accessed from four (4) internal roads, one of which intersects with North Muldrew Lake Road. Each of the lots is proposed on municipal water and sewer services.. There are six (6) Blocks proposed for Open Space.. Blocks 73 and 74 will provide buffering for the subdivision from North Muldrew Lake Road.. Block 73 will also contain one of the storm water management ponds. Block Ti, which will be zoned Environmental Protection, contains a drainage feature and has been redlined to include the second storm water management pond. Blocks will provide access for residents within the subdivision to the proposed trail/walkway network.. Official Plan Amendment No.. 6, which is still applicable to this property, includes a phasing provision, and as a result, the draft has been redlined into phases.. A temporary turning circle will be constructed in the vicinity of proposed L.ots 36 and 37.. The proposal, as submitted, only contained one entrance and exit from the subdlvision. In order to ensure a secondary access is available for emergency purposes, a construction road from John Street will be retained and used as an emergency access route, until such time as future development provides an alternate access route.. Site Characteristics and Surrounding Uses The site is characterized by mixed topography including rock outcroppings and low-lying areas, some of which are wetlands.. The majority of lands to the south and southwest are vacant. Residential uses are to the west and northeast. There is a former landfill site to the south of the subject lands that is owned by the Town of Gravenhurst. The surrounding lands are zoned Open Space (OS) and will form part of the proposed golf course. The golf course is a more compatible land use and provides a significant buffer between the landfill site and the residential uses.. Supporting Documentation In support of the applications, the applicant has submitted a Preliminary Storm Water Management and Construction Mitigation Plan, an Existing Environmental Conditions and Master Environmental Impact Evaluation, an Environinentallmpact Statement, a Site Servicing Evaluation, a Traffic and Transportation Operations Review and Stage 1 and Stage 2 Archaeological Assessments. The Storm Water Management Plan proposes to use three retention ponds within the two subdivisions: two wetponds and one hybrid wetpond/wetland. The two wetponds will be located on lands within subdivision file no. S and the wetpond/wetland hybrid will be located on lands within subdivision file no. S The subdivision proposes to use storm sewers to transport storm water through the residential areas to the retention ponds. All three of the ponds will be conveyed to the Town of Gravenhurst. The Environmental Impact Statement for the proposed subdivisions indicates that the development is located outside of the sensitive areas. However, to accommodate the proposed layout and all of the servicing requirements of the proposed subdivisions, portions of the sensitive areas were located in the rear yards of some of the lots.. As such, the report recommends: 91

5 "The boundaries of the constraint area occurring southwest of file S be staked out by a biologist to determine more precisely, the nature of its relationship to lots and as well as the proposed storm water management facility; and Throughout both subdivisions, grading limits be staked in relation to rear yard areas, in order to identify opportunities to retain existing vegetation." In addition, the report recommends that detailed plans for the sequencing of work within each phase be developed as part of the sedimentation and erosion control plan and that the work be sequenced so as to generally avoid major earthworks during the early spring when the potential for runoff is greater" These recommendations will be implemented through the Area Municipal subdivision agreement. Circulation and Public Meeting The application has been circulated to the Town of Gravenhurst and the required agencies for comment. A public meeting was held on August s" at the Town of Gravenhurst Municipal Offices. Issues raised by area residents at the public meeting with respect to the proposed plans of subdivision were primarily related to access to and from the site" In order to resolve this issue, the applicant will be providing a second, emergency access, via the construction road" Planning Documents Provincial Policy Statement The Provincial Policy Statement (PPS) has been considered and taken into account in the review of the proposed plan of subdivision. The proposed plan of subdivision would not conflict with the PPS., Muskoka Official Plan As indicated in the Information Report to Committee, dated July 27, 2004, the Town of Gravenhurst Council passed a resolution, which provided an interpretation of the urban boundary to coincide with the boundary of this subdivision in accordance with Section A 7.,1 of the Town of Gravenhurst Official Plan and Section 7.,2 of Official Plan Amendment NO.6. As a result, Subdivision S is located within the "Urban Centre" designation of the Muskoka Official Plan" Section 0,,5 states that substantial development will proceed on the basis of municipal sewer and water facilities. In this regard, both subdivisions are proposed on municipal water and sanitary sewer services" Since the subject lands are located within the Primary Urban Area there is an expectation that development may involve some site alteration. In this case, portions of the site contain areas of steep slopes and some site alteration, including blasting is proposed" In accordance with Sections F,,55 and F.56 of the Muskoka Plan and Official Plan Amendment No.6 to the Gravenhurst Official Plan, a site evaluation may be required on individual lots where vegetation cannot be retained or where the location of a suitable building envelope requires identification" In this regard, Site Plan Control will apply to all of the proposed lots, and a site evaluation report will be required for individual lots with slopes greater than 20%.. The proposal would appear to generally conform to the Muskoka Official Plan. Area Municipal Official Plan As a result of the interpretation of the urban boundary, the proposal would be located in the "Primary Urban Area" designation and would therefore appearto generally conform to the Gravenhurst Official Plan, as amended" 92

6 Town of Gravenhurst Zoning By-law The applicant has submitted concurrent zoning amendment applications, which will rezone portions of the lands and redefine the boundaries of the single detached and multiple residential areas. In addition, the open space blocks and storm water managementfacilities will be zoned Open Space or Environmental Protection to reflect their intended use and to protectsensitive features, Redlining The draft plan of subdivision has been redlined to show the phasing and to include the storm water management pond, (currently located on Block 75) with Block 77" This will facilitate the dedication of the pond to the Town of Gravenhurst for maintenance purposes and will prevent the pond from being located within a Block intended for multiple residential use, Respectfully submitted, ~~ Trevor Hawkins, M,PI Planner 93

7 SCHEDULE 'A' PLAN OF SUBDIVISION FILE NO. S "Muskoka Bay Development Corporation" Part A The "Muskoka Bay Development Corporation" plan of subdivision, File No" S2004-3, Town of Gravenhurst, prepared by John Hiley, dated March 2004 and redlined September 1, 2004 showing a total of seventy-two (72) lots and eight (8) blocks, is approved subject to Part B herein. Part B: Conditions of Approval General Conditions 1. The plan of subdivision shall be finalized in two (2) phases, as set out on the draft approved plan, with each preceeding phase being registered and substantially completed to the satisfaction of the Town of Gravenhurst, prior to final approval of the subsequent phase The road allowances included in this plan of subdivision shall be dedicated as public highways, and the roads shall be designed, constructed and named to the satisfaction of the Town of Gravenhurst. 3.. Easements as may be required for access, pedestrian walkways, utilities, drainage, or other purposes shall be granted to the Town of Gravenhurst, Hydro One and any other authority or party as may be required. 4. Prior to final approval being granted and prior to the submission of the proposed internal road names to the Town of Gravenhurst for approval purposes, the Owner shall submit names to The District Municipality of Muskoka for 911 verification. 5.. Prior to final approval being granted, The District Municipality of Muskoka shall be provided with a copy of the final plan in digital format in accordance with The District Municipality of Muskoka Digital Draft and Final Plan of Subdivision Submission Requirements.. 6. Prior to final approval being granted, The District Municipality of Muskoka shall be circulated a draft Area Municipal subdivision agreement for review and comment and prior to execution shall be in receipt of a fully executed Area Municipal subdivision agreement. 7. Prior to final approval being granted, subdivision application no. 44T shall be withdrawn. Zoning By-law 8.. Prior to final approval being granted, the property included in this plan of subdivision shall be zoned for its intended residential, environmental protection and open space uses. Parkland 9.. The owner shall convey lands in an amount equal to five (5) percent of the land included in the plan to the Town of Gravenhurstfor park or other recreational purposes pursuant to Section 51(1) of the Planning Act, R.S.. O. 1990, as amended. Alternatively, the Town of Gravenhurst may require cash-in-iieu of all or a portion of the parkland dedication in accordance with Section 51(3) of the Planning Act, RS.O. 1990, as amended. Schedule 'A' to the StaffReport dated September 1, 2004 approved by Resolution No.. of the Planning and Economic Development Committee on September 16,

8 Environmental 10.. Prior to final approval being granted, the owner shall provide The District Municipality of Muskoka with four copies of a detailed storm water management and construction mitigation plan prepared by a certified professional engineer. The plans shall be circulated by The District Municipality of Muskoka to the Town of Gravenhurst.. If required, a Certificate of Approval for the plan shall be obtained from the Ministry of the Environment prior to construction of the works Prior to final approval being granted, the owner shall submit a lot grading and street lighting design prepared by a certified professional engineer and satisfactory to the Town of Gravenhurst.. Area Municipal Subdivision Agreement 12. Prior to final approval being granted, the owner shall enter into a subdivision agreement authorized by the Section 51(26) of The Planning Act, RS.O , as amended, with the Town of Gravenhurst. The agreement shall be registered on title and shall provide that the owner agrees to satisfy all the requirements, financial and otherwise, of the Town of Gravenhurst concerning the provision of roads and sidewalks, street lighting, drainage and utilities easements, amongst other matters. 13. The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Gravenhurst and The District Municipality of Muskoka which will.: a) Require the implementation of the plans required in Condition 10 under the supervision and to the satisfaction of a certified professional engineer; b) Provide for conveyance to the municipality of any facilities and for the long-term maintenance of such facilities or works constructed in accordance with the plans; 14. The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Gravenhurst and The District Municipality of Muskoka which will:: a) Require the implementation of the recommendations of the Michalski Nielson Environment Impact Statement dated May b) Require the submission of a site evaluation report for lots with slopes greater than 20%, where vegetation can not be substantially retained and to implement any recommendations of such report through Site Plan Control, where appropriate.. District Municipal Subdivision Agreement 15.. Prior to final approval being granted, the owner shall enter into a subdivision agreement.. authorized by Section 51(26) of the Planning Act, R.S..O. 1990, as amended, with The District Municipality of Muskoka.. The agreement shall be registered on title and provide, amongst other matters, that the owner agrees to satisfy all the requirements, financial and otherwise, of The District Municipality of Muskoka concerning the installation of municipal water and sewer services, to the satisfaction of The District Municipality of Muskoka and shall provide for municipal assumption and operation of same.. Clearance Letters 16. Prior to final approval being granted, the Town of Gravenhurst shall advise the District in writing that conditions 1, 2, 3, 8, 9, 10, 11, 12, 13, and 14 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied. Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. Planning and Economic Development Committee on September 16, of the

9 17., Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied that conditions 3, 4, 5, 6, 7,10,13,14, and 15 have been complied with to their satisfaction" District Development Charges 18. District Development charges are required to be paid in accordance with By-law , as amended from time to time" Final Plan 19. The final plan must be in registerable form together with all necessary instruments or plans describing an interest in the land. 20" Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan" Lapsing Provision 21, In the event that the owner fails to fulfill the conditions of draft approval on or before September 16, 2007, the approval herein granted shall be deemed to have lapsed pursuant to the Planning Act, RS"O 1990, as amended" 22" In the event that the owner fails to fulfill the conditions ofapproval for the subsequent phases within twenty-four (24) months from the date of registration of the preceding phase, the approval herein granted may be withdrawn pursuant to the Planning Act, RS.O Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. of the Planning and Economic Development Committee on September 16, 2004, 96

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12 fv\ _llil.distriq MUNIC1Et\LITY OF MUSKOKA -W- PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR (705 area code) Fax (705) TO: FROM: DATE: SUBJECT: Chair and Members Planning and Economic Development Committee Trevor Hawkins Planner September 1, 2004 Granting of Draft Approval Subdivision File No.. S (Muskoka Bay Development Corporation) Part of Lots 23 and 24, Concessions 3, Muskoka, Town of Gravenhurst RECOMMENDATION THAT Plan of Subdivision File No.. S in the Town of Gravenhurst, be approved, as detailed in Schedule "A" to the staff report dated September 1, ORIGIN An application for the above noted plan of subdivision was submitted in conjunction with subdivision application S on May 20, 2004 and accepted as a complete application on June 15, ANALYSIS Proponent The application was submitted by List Planning Limited on behalf of Muskoka Bay Development Corporation.. Location The subject property is located on the south side of North Muldrew Lake Road, south of Muskoka Road 169 in the Town of Gravenhurst The subject lands are described as Part of Lots 23 and 24, Concession 3 in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka.. A location plan for the proposed development is attached. Background Portions of the site are part of a previously approved Official Plan Amendment (OPA No.6) and draft approved plan of subdivision (44T-93004), which proposed two hundred and thirty (230) residential units; including two hundred and five (205) single detached lots and one multiple residential development block with twenty-five (25) units.. In addition, the previous draft approved plan incorporated a nine-hole golf course into the design of the subdivision. Combined, the two new Managing Our Legacy Together 99

13 subdivision applications (S and S2004-4) will consist of three hundred and thirty-nine (339) residential units.. The current proposal no longer includes the golf course. The course is proposed to be expanded to eighteen (18) holes and located on a separate piece of land, south of the two subdivision applications. Proposal Subdivision File No.. S is located to the southeast of and adjoins subdivision file S This plan proposes seventy-one (71) lots and three (3) multiple residential blocks (Blocks 72, 73 and 74) that are proposed to include a total of one hundred and forty three (143) units. The average lot frontage proposed is approximately metres (48 ft.) with a corresponding average lot area of 603 square metres (6,491 sq. ft.), The proposed lots are to be accessed from an internal road, which also extends through the adjacent proposed plan of subdivision (S2004-3). Each of the lots is proposed on municipal water and sewer services. There is one (1) Block proposed for Open Space as part of the future trail network. The plan has been red lined to create Block 76, for one of the storm water management ponds Official Plan Amendment No.. 6, which is still applicable to this property, includes a phasing provision, and as a result, the draft has been redlined into phases.. Two temporary turning circles will be constructed in the vicinity of proposed Lots 35 and 36 and Lots 48 and 49. The proposal, as submitted, only contained one entrance and exit from the subdivision.. In order to ensure a secondary access is available for emergency purposes, a construction road from John Street will be retained and used as an emergency access route, until such time as future development provides an alternate access route.. Site Characteristics and Surrounding Uses The site is characterized by mixed topography including rock outcroppings and low-lying areas, some of which are wetlands. The majority of lands to the south and southwest are vacant Residential uses are to the west and northeast There is a former landfill site to the south of the subject lands that is owned by the Town of Gravenhurst. The surrounding lands are zoned Open Space (OS) and will form part of the proposed golf course. The golf course is a more compatible land use and provides a significant buffer between the landfill site and the residential uses. Supporting Documentation In support ofthe applications, the applicant has submitted a Preliminary Storm Water Management and Construction Mitigation Plan, an Existing Environmental Conditions and Master Environmental Impact Evaluation, an Environmental Impact Statement, a Site Servicing Evaluation, a Traffic and Transportation Operations Review and Stage 1 and Stage 2 Archaeological Assessments. The Storm Water Management Plan proposes to use three retention ponds within the two subdivisions: two wetponds and one hybrid wetpond/wetland. The two wetponds will be located on lands within subdivision file no. S and the wetpond/wetland hybrid will be located on lands within subdivision file no. S The subdivision proposes to use storm sewers to transport storm water through the residential areas to the retention ponds. All three of the ponds will be conveyed to the Town of Gravenhurst The Environmental Impact Statement for the proposed subdivisions indicates that the development is located outside of the sensitive areas. However, to accommodate the proposed layout and all of the servicing requirements of the proposed subdivisions, portions of the sensitive areas were located in the rear yards of some of the lots. As such, the report recommends:: "Throughout both SUbdivisions, grading limits be staked in relation to rear yard areas, in order to identify opportunities to retain existing vegetation" 100

14 In addition, the report recommends that detailed plans for the sequencing of work within each phase be developed as part of the sedimentation and erosion control plan and that the work be sequenced so as to generally avoid major earthworks during the early spring when the potential for runoff is greater.. These recommendations will be implemented through the Area Municipal subdivision agreement. Circulation and Public Meeting The application has been circulated to the Town of Gravenhurst and the required agencies for comment. A public meeting was held on August 5 th at the Town of Gravenhurst Municipal Offices Issues raised by area residents at the public meeting with respect to the proposed plans of subdivision were primarily related to access to and from the site. In order to resolve this issue, the applicant will be providing a second, emergency access, via the construction road" Planning Documents Provincial Policy Statement The Provincial Policy Statement (PPS) has been considered and taken into account in the review of the proposed plan of subdivision.. The proposed plan of subdivision would not conflict with the PPS. Muskoka Official Plan As indicated in the Information Report to Committee, dated July 27, 2004, the Town of Gravenhurst Council passed a resolution, which provided an interpretation of the urban boundary to coincide with the boundary of this subdivision in accordance with Section A of the Town of Gravenhurst Official Plan and Section 7..2 of Official Plan Amendment No.. 6. As a result, Subdivision S is located within the "Urban Centre" designation of the Muskoka Official Plan. Section 0.5 states that substantial development will proceed on the basis of municipal sewer and water facilities. In this regard, both subdivisions are proposed on municipal water and sanitary sewer services. Since the subject lands are located within the Primary Urban Area there is an expectation that development may involve some site alteration" In this case, portions of the site contain areas of steep slopes and some site alteration, including blasting is proposed" In accordance with Sections F.SS and F.S6 of the Muskoka Plan and Official Plan Amendment No.6 to the Gravenhurst Official Plan, a site evaluation may be required on individual lots where vegetation cannot be retained or where the location of a suitable buildinq envelope requires identification. In this regard, Site Plan Control will apply to all of the proposed lots, and a site evaluation report will be required for individual lots with slopes greater than 20%.. The proposal would appear to generally conform to the Muskoka Official Plan. Area Municipal Official Plan As a result of the interpretation of the urban boundary, the proposal would be located in the "Primary Urban Area" designation and would therefore appear to generally conform to the Gravenhurst Official Plan, as amended" Town of GravenhurstZoning By-law The applicant has submitted concurrent zoning amendment applications, which will rezone portions of the lands and redefine the boundaries of the single detached and multiple residential areas. In 101

15 addition, the open space blocks and storm water management facilities will be zoned Open Space or Environmental Protection to reflect their intended use and protect sensitive features.. Redlining The draft plan of subdivision has been redlined to indicate the phasing and to create a new block, Block 76, which will include the proposed storm water management pond in its entirety.. This will facilitate the conveyance of the pond to the Town of Gravenhurst for maintenance purposes.. Respectfully submitted, ~F Trevor Hawkins, M..PI Planner 102

16 SCHEDULE 'A' PLAN OF SUBDIVISION FILE NO. S "Muskoka Bay Development Corporation" Part A The "Muskoka Bay Development Corporation" plan of subdivision, File No. S2004-4, Town of Gravenhurst, prepared by John Hiley, dated March 2004 and redlined September 1, 2004, showing a total of seventy one (71) lots-and five (5) blocks, is approved subject to Part B herein.. Part B: Conditions of Approval General Conditions 1, The plan of subdivision shall be finalized in two (2) phases, as set out on the draft approved plan, with each proceeding phase being registered "and substantially completed to the satisfaction of the Town of Gravenhurst, prior to final approval of the subsequent phase. 2" The road allowances included in this plan of subdivision shall be dedicated as public highways, and the roads shall be designed, constructed and named to the satisfaction of the Town of Gravenhurst 3. Easements as may be required for access, pedestrian walkways, utilities, drainage, or other purposes shall be granted to the Town of Gravenhurst, Hydro One and any other authority or party as may be required" 4.. Prior to final approval being granted and prior to the submission of the proposed internal road names to the Town of Gravenhurst for approval purposes, the Owner shall submit names to The District Municipality of Muskoka for 911 verification.. 5. Prior to final approval being granted, The District Municipality of Muskoka shall be provided with a copy of the final plan in digital format in accordance with The District Municipality of Muskoka Digital Draft and Final Plan of Subdivision Submission Requirements" 6. Prior to final approval being granted, The District Municipality of Muskoka shall be circulated a draft Area Municipal subdivision agreement for review and comment and prior to execution shall be in receipt of a fully executed Area Municipal subdivision agreement 7., Prior to final approval being granted, subdivision application no. 441',93004 shall be withdrawn" Zoning By-law 8" Prior to final approval being granted, the property included in this plan of subdivision shall be zoned for its intended residential, environmental protection and open space uses. Parkland 9" The owner shall convey lands in an amount equal to five (5) percent of the land included in the plan to the Town of Gravenhurst for park or other recreational purposes pursuant to Section 51(1) of the Planning Act, RS,O. 1990, as amended" Alternatively, the Town of Gravenhurst may require cash-in-lieu of all or a portion of the parkland dedication in accordance with Section 51(3) of the Planning Act, RS"o., 1990, as amended, Schedule 'A' to the StaffReport dated September 1, 2004 approved by Resolution No. Planning and Economic Development Committee on September 16, 2004, 103 of the

17 Environmental 10.. Prior to final approval being granted, the owner shall provide The District Municipality of Muskoka with four copies of a detailed storm water management and construction mitigation plan prepared by a certified professional engineer.. The plans shall be circulated by The District Municipality of Muskoka to the Town of Gravenhurst. If required, a Certificate of Approval for the plan shall be obtained from the Ministry of the Environment prior to construction of the works Prior to final approval being granted, the owner shall submit a lot grading and street lighting design prepared by a certified professional engineer and satisfactory to the Town of Gravenhurst. Area Municipal Subdivision Agreement 12.. Prior to final approval being granted, the owner shall enter into a subdivision agreement authorized by the Section 51(26) of The Planning Act, RS.. O. 1990, as amended, with the Town of Gravenhurst. The agreement shall be registered on title and shall provide that the owner agrees to satisfy all the requirements, financial and otherwise, ofthe Town of Gravenhurst concerning the provision of roads and sidewalks, street lighting, drainage and utilities easements, amongst other matters The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Gravenhurst and The District Municipality of Muskoka which will: a) Require the implementation of the plans required in Condition 10 under the supervision and to the satisfaction of a certified professional engineer; b) Provide for conveyance to the municipality of any facilities and for the long-term maintenance of such facilities or works constructed in accordance with the plans; 14.. The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Gravenhurst and The District Municipality of Muskoka which will: a) Require the implementation of the recommendations of the Michalski Nielson Environment Impact Statement dated May b) Require the submission of a site evaluation report for lots with slopes greater than 20%, where vegetation can not be substantially retained and to implement any recommendations of such report through Site Plan Control, where appropriate. District Municipal Subdivision Agreement 15.. Prior to final approval being granted, the owner shall enter into a subdivision agreement authorized by Section 51(26) of the Planning Act, RS..O. 1990, as amended, with The District Municipality of Muskoka. The agreement shall be registered on title and provide, amongst other matters, that the owner agrees to satisfy all the requirements, financial and otherwise, of The District Municipality of Muskoka concerning the installation of municipal water and sewer services, to the satisfaction of The District Municipality of Muskoka and shall provide for municipal assumption and operation of same. Clearance Letters 16. Prior to final approval being granted, the Town of Gravenhurst shall advise the District in writing that conditions 1, 2, 3, 8, 9, 10, 11, 12, 13, and 14 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied.. Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. of the Planning and Economic Development Committee on September 16,

18 17., Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied that conditions 3, 4, 5, 6, 7, 10, 13, 14 and 15 have been complied with to their satisfaction" District Development Charges 18. District Development charges are required to be paid in accordance with By-law , as amended from time to time" Final Plan 19" The final plan must be in registerable form together with all necessary instruments or plans describing an interest in the land" 20" Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan" Lapsing Provision 21, In the event that the owner fails to fulfill the conditions of draft approval on or before September 16,2007, the approval herein granted shall be deemed to have lapsed pursuant to the Planning Act, RSO 1990, as amended. 22. In the event that the owner fails to fulfill the conditions of approval for the subsequent phases within twenty-four (24) months from the date of registration of the preceding phase, the approval herein granted may be withdrawn pursuant to the Planning Act, RS"O. 1990" Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. Planning and Economic Development Committee on September 16, of the

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21 THE DISTRIG MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO Pi L 1N3 Telephone (705) OR (705 area code) Fax (705) TO: FROM: DATE: SUBJECT: Chair and Members Planning and Economic Development Committee Trevor Hawkins Planner September 1, 2004 Granting of Draft Approval Subdivision File No" S (Beechwood Forest and Beechwood North Corporations) Part Lot 18, Concession 6 Muskoka, Town of Gravenhurst RECOMMENDATION That Plan of Subdivision File No" S (Beechwood Forest and Beechwood North Corporations), in the Town of Gravenhurst, be approved, as detailed in Schedule "A" to the staff report dated September 1, ORIGIN An application for the above plan of subdivision was submitted and accepted as a complete application on December 16,2002. ANALYSIS Proponent The application was submitted by Johan Carnell on behalf of Beechwood Forest Corporation and Beechwood North Corporation. Location The subject property is located on the east side of Wellington Street, opposite Evans Avenue. The subject lands are described as Part of Lot 18, Concession 6 in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. A location plan for the proposed development is attached. Background A draft approved plan currently exists for the northern half of the subject property under the name of Beechwood Forest, (SUbdivision file no. 44T formerly Mary Tompsett) for a total of eight (8) blocks. A maximum of thirty (30) residential lots were to be subsequently created through part lot control. Should draft approval be granted to subdivision file no. S2002-8, the previous file will be closed and the existing approval abandoned, Managing Our Legac!} Together 108

22 Proposal The draft plan proposes 17 blocks, 13 of which are proposed to be further divided in the future through the lifting of part lot control for both detached and multiple dwellings.. The current concept plan proposed a maximum of forty-eight (48) detached dwellings and forty-one (41) multiple dwellings. Revisions to these numbers may occur once the zoning is finalized.. The proposed lots and blocks are to be accessed from new internal roads, which connect with Wellington Street opposite Evans Avenue. Two additional access connections to the north and south are provided for on the plan should those areas develop in the future. The applicant is proposing to develop the subdivision in four (4) phases.. The Preliminary Storm Water Management Report, prepared by TSH Engineers recommends that the storm water management pond (then Block E, now Block J) be included in the first phase of development to mitigate any potential runoff and siltation from the ongoing construction. As a result, the plan of subdivision has been redlined to include Blocks I and J in the first phase of development Site Characteristics and Surrounding Uses The site is generally flat and is characterized by well-treed areas and open fields, as well as some areas of exposed rock, The subject property contains an existing building that will be removed prior to development An established residential neighbourhood consisting of single detached dwellings is located to the west, while the lands to the north and south are vacant To the east of the subject lands is the Coon Brothers aggregate operation. Supporting Documentation A Preliminary Storm Water Management Design Brief has been submitted in support of the application for draft plan approval. The study indicates that the SUbject property is divided into two drainage areas. A portion of the property drains east toward the Hoc Roc River while the remaining property drains to the west toward Wellington Street. The study proposes to drain all new roadway ditches within the subdivision toward the proposed storm water management pond located at the northeast corner of the property (Block J). This proposal should reduce the drainage impacts of the proposed development on Wellington Street In addition, Aercoustics Engineering prepared an Environmental Noise Study, dated February 5, 2003, to address the potential impacts of noise emanating from the adjacent Coon Brothers aggregate operation, The report was subsequently peer reviewed and supplementary reports were submitted, dated April 4, 2003, September 11, 2003, and December 3, 2003 to address the comments submitted by the peer reviewer. As a result of the noise study, a berm and fence will be required to mitigate noise emanating from the aggregate operation. The berm and fence will be located on an existing easement, on lands owned by the aggregate operation, along the eastern edge of the subject lands, Prior to final approval, the applicant will be required to obtain formal permission from the abutting landowner to construct the berm and fence on their lands. In accordance with the peer reviewer's comments, a berm should be constructed prior to Phases 1 and 2, and a fence should be constructed prior to Phases 3 and 4. Furthermore, the noise study indicates that noise levels could exceed Ministry of the Environment (MOE) guidelines if Phases 3 and 4 al e filial apploved befm e tile pit opel ation reaches tile plojected elevation of metres. As a result, a condition of draft approval has been included that prevents Phases 3 or 4 from proceeding to final approval until the pit operation has reached an elevation equal to, or lower than metres, Alternatively, a supplementary noise study may be submitted that demonstrates that noise levels will not exceed MOE guidelines at whatever elevation the pit is at when Phases 3 or 4 are proposed for final approval, Circulation and Public Meeting The application has been circulated to the Town of Gravenhurst and the required agencies for comment None of the agencies responding had any concerns. 109

23 A joint public meeting, in accordance with Section 51(20) of the Planning Act, was held on January 28, 2003 at the Gravenhurst Municipal Offices to receive public input on the proposed subdivision and zoning by-law amendment applications.. Since that time, issues relating to storm water management, parkland dedication and sidewalks have been resolved. There is a storm water management block proposed that will manage the flow of storm water from the site, a parkland block will be dedicated to the Town and sidewalks are proposed on one side of the internal streets. Planning Documents Provincial Policy Statement The Provincial Policy Statement (PPS) has been considered and taken into account in the review of the proposed plan of subdivision. The proposed plan of subdivision would not conflict with the PPS. Muskoka Official Plan The property is located within the "Urban Centre" designation of the Muskoka Official Plan.. Section D..5 states that substantial development will proceed on the basis of municipal sewer and water facilities. The proposed subdivision will be fully serviced with municipal sewer and water facilities.. Section G..9 of the Muskoka Plan states that new uses or interests in land will be compatible with other legally existinq land uses in the vicinity so as to ensure the continued operation of such uses and to allow for expansion where feasible and appropriate. Furthermore, Section E.10 states that mineral and aggregate extraction is generally considered to be incompatible with sensitive land uses such as residential. Where a sensitive land use and a mineral or aggregate operation is proposed in close proximity to each other, measures to mitigate any conflict should be employed, As mentioned previously, the applicant has submitted an Environmental Noise Study that addresses issues of land use compatibility with the adjacent aggregate operation, As a result, measures are proposed to mitigate the noise emanating from the aggregate operation that will allow for the continued and future operation of the pit adjacent to the proposed subdivision. Area Municipal Official Plan The subject lands are located within the "Primary Urban Area" designation of the Town of Gravenhurst Official Plan and are designated as Residential. Within residential designations, Section C (d) (i) and (ii) of the Official Plan of the Town of Gravenhurst permits fully serviced, low density development to have a maximum density of 20 dwelling units per gross hectare (8 units/acre) and medium density to have a maximum density of 40 units per gross hectare (16 units/acre). The density of the proposed development, in this case, would be 10 units per gross hectare ( units/acre). Town of Gravenhurst Zoning By-law The property is currently zoned "Residential One" (R-1) with a holding symbol, in part and Open Space (OS) with a holding symbol, in part, This zoning permits detached dwellings and requires the provision of water and sewer services prior to development. A rezoning will be required in order to remove the holding provision and permit multiple residential dwellings.. Parkland Block Q will be dedicated to the Town of Gravenhurst for parkland purposes, which represents a portion of the required 5% dedication required under the Planning Act The remainder of the parkland dedication will be either cash-in-lieu or additional lands, determined by Gravenhurst Council. 110

24 Redlining The draft plan of subdivision has been redlined to include Blocks I and J in Phase 1 in order to implement the recommendations of the Preliminary Storm Water Management Report. Respectfully submitted, ~~ Trevor Hawkins, M.PI Planner 111

25 SCHEDULE 'A' PLAN OF SUBDIVISiON FILE NO. S "Beechwood Forest and Beechwood North Corporations" Part A The "Beechwood Forest and Beechwood North Corporations" plan of subdivision, File No.. S2002 8, Town of Gravenhurst, prepared by TA Bunker, revised and dated July 22, 2004 and redlined September 1, 2004 showing a total of seventeen (17) blocks is approved subject to Part B herein.. Part B: Conditions of Approval General Conditions 1. The plan of subdivision shall be finalized in four (4) phases, as set out on the draft approved plan, with each proceeding phase being registered and substantially completed to the satisfaction of the Town of Gravenhurst, prior to final approval of the subsequent phase.. 2. The road allowances included in this plan of subdivision shall be dedicated as public highways, and the roads shall be designed, constructed and named to the satisfaction of the Town of Gravenhurst. 3. Easements as may be required for access, pedestrian walkways, utilities, drainage, noise attenuation berms or other purposes shall be granted to the District of Muskoka, Town of Gravenhurst, Hydro One and any other authority or party as may be required" 4.. Prior to final approval being granted and prior to the submission of the proposed internal road names to the Town of Gravenhurst for approval purposes, the Owner shall submit names to The District Munidpality of Muskoka for 911 verlficatlon. 5. Prior to final approval being granted, The District Municipality of Muskoka shall be provided with a copy of the final plan in digital format in accordance with The District Municipality of Muskoka Digital Draft and Final Plan of Subdivision Submission Requirements" 6" Prior to final approval being granted, The District Municipality of Muskoka shall be circulated a draft Area Municipal subdivision agreement for review and comment and prior to execution shall be in receipt of a fully executed Area Municipal subdivision agreement. 7.. Prior to final approval being granted, subdivision application No.. 441' shall be withdrawn" Zoning By-law 8,. Prior to final approval being granted, the property included in this plan of subdivision shall be zoned for its intended residential and open space uses" Parkland 9., The owner shall convey lands in an amount equal to five (5) percent of the land included in the plan to the Town of Gravenhurst for park or other recreational purposes pursuant to Section 51(1) of the Planning Act, RS.,o , as amended. Alternatively, the Town of Gravenhurst may require cash-in-iieu of all or a portion of the parkland dedication in accordance with Section 51(3) of the Planning Act, RS,O, 1990, as amended. Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. of the Planning and Economic Development Committee on September 16,

26 Environmental 10.. Prior to final approval being granted, the owner shall provide The District Municipality of Muskoka with four copies of a detailed storm water management and construction mitigation plan prepared by a certified professional engineer.. The plans shall be circulated by The District Municipality of Muskoka to the Town of Gravenhurst. If required, a Certificate of Approval for the plan shall be obtained from the Ministry of the Environment prior to construction of the works Prior to final approval being granted, the owner shall submit a lot grading and street lighting design prepared by a certified professional engineer to the satisfaction of the Town of Gravenhurst 12. Prior to final approval being granted, the owner shall secure an easement in favour of the Town of Gravenhurst to locate the noise attenuation berm and fence on property owned by Ontario Limited, directly abutting Blocks J, L, Nand P Prior to final approval being granted for Phases 1 or 2, the owner shall construct a berm in accordance with the Environmental Noise Study prepared by Aercoustics Engineering Limited, dated December 3, 2003 and the drawing titled Typical Section Acoustical Barrier prepared by Pinestone Engineering Limited. 14 Prior to final approval being granted for Phases 3 or 4, the owner shall construct an acoustic fence in accordance with the Environmental Noise Study prepared by Aercoustics Engineering Limited, dated December 3, 2003 and the drawinq titled Typical Section Acoustical Barrier prepared by Pinestone Engineering Limited Prior to final approval being granted for Phases 3 or 4, the owner shall demonstrate that the Coon Brothers aggregate operation is operating at an elevation of metres or lower, Alternatively, a supplementary Environmental Noise Study that demonstrates that the Ministry of the Environment noise guidelines can be satisfied with existing or additional mitigation measures may be submitted.. Area Municipal Subdivision Agreement 16.. Prior to final approval being granted, the owner shall enter into a subdivision agreement authorized by the Section 51(26) of The Planning Act, RS.O , as amended, with the Town of Gravenhurst The agreement shall be registered on title and shall provide that the owner agrees to satisfy all the requirements, financial and otherwise, of the Town of Gravenhurstconcerning the provision ofroads, sidewalks, street lighting, drainage and utilities easements, amongst other matters The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Gravenhurst and The District Municipality of Muskoka which will:: i) Require the implementation of the plans required in Condition 10 under the supervision and to the satisfaction of a certified professional engineer; ii) iii) Provide securities or other guarantees for the implementation of the plans, if necessary; and Provide for the conveyance of any facilities for the long-term maintenance of any facilities or works constructed in accordance with the plans The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Gravenhurst and The District Municipality of Muskoka, which will: i) Implement the recommendations of the Environmental Noise Study, dated December 3, 2003; and ii) Provide for the long-term maintenance of the noise attenuation berm and fence. Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. of the Planning and Economic Development Committee on September 16,

27 District Municipal Subdivision Agreement 19.. Prior to final approval being granted, the owner shall enter into a subdivision agreement authorized by Section 51(26) of the Planning Act, R.S.o , as amended, with The District Municipality of Muskoka. The agreement shall be registered on title and provide, amongst other matters, that: i) the owner agrees to satisfy all the requirements, financial and otherwise, of The District Municipality of Muskoka concerning the installation of municipal water and sewer services, and shall provide for the municipal assumption and operation of same; and ii) Clearance Letters the location of the berm and fence in relation to the Muskoka easement is satisfactory to Muskoka's Engineering and Public Works Department Prior to final approval being granted, the Town of Gravenhurst shall advise the District in writing that conditions 1,2,3,8,9,10,11,12,13,14,15,16,17 and 18 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied that conditions 3, 4, 5, 6, 7,10,13, 14, 15, 17, 18 and 19 have been complied with to their satisfaction. District Development Charges 22. District Development charges are required to be paid in accordance with By-law , as amended from time to time.. Final Plan 23.. The final plan must be in registerable form together with all necessary instruments or plans describing an interest in the land Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan. Lapsing Provision 25.. In the event that the owner fails to fulfill the conditions of draft approval on or before September 16,2007, the approval herein granted shall be deemed to have lapsed pursuant to the Planning Act, R.S.O 1990, as amended. 26. In the event that the owner fails to fulfill the conditions of approval for Phases 2 through 4 within twenty-four (24) months from the date of registration of the preceding phase, the approval herein granted may be withdrawn pursuant to the Planning Act, R.S..O Schedule 'A' to the Staff Report dated September 1, 2004 approved by Resolution No. Planning and Economic Development Committee on September 16, of the

28 Beechwood Forest and Beechwood North Corps.. Subdivision File No.. S Part of Lot 18, Concession 6 Muskoka, Town of Gravenhurst Location Map