DEVELOPMENT SERVICES COMMITTEE AGENDA Wednesday January 28, :00 p.m. Town Council Chambers Page 1

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1 1hc Ifeart 0{ M!15koka DEVELOPMENT SERVICES COMMITTEE AGENDA Wednesday - 7:00 p.m. Town Council Chambers Page 1 1. CALL TO ORDER 2. DECLARATIONS OF PECUNIARY INTEREST 3. PUBLIC MEETINGS 3.1 Rezoning Application ZA/34-08 (Richard Break and Carol Barr) 3.2 Rezoning Application ZA/35-08 (Muskoka Auto Service Ltd. And Ronald Ritchie) 3.3 Building By-law and Associated Fees 4. DELEGATIONS AND PRESENTATIONS Nil. 5. MINUTES FROM ADVISORY COMMITTEES Nil. 6. NEW BUSINESS 6.1. Rezoning Application ZA/34-08 (Richard Break and Carol Barr) ( ) 1. That the property described as Part of Lot 1, Concession 1, Draper Ward of the Town of Bracebridge, being Part 1 of Plan 35R from the present zone of Rural Residential Special - 21 (RR-21) to Rural Residential Special - 32 (RR-32) as shown in Appendix "A" to Staff Report DS That the applicant enter into a site plan agreement with the Town of Bracebridge. 6.2 Rezoning Application ZA/35-08 (Muskoka Auto Service Ltd. and Ronald Ritchie) ( ) That the Rezoning for the property described as Lots 31, 32, 34 and 36 of Registrar's Compiled Plan 510, Macaulay Ward of the Town of Bracebridge as shown in Appendix "A" to Staff Report DS be deferred to allow staff an opportunity to review the comments received and to consult with the applicant's agent. 6.3 Site Ptan Application DA/34-08 (Justinian Scott Creed) ( ) That consideration of Site Plan Application DA/34-08 be deferred pending the submission of a revised stormwater management report reflecting the most recent development proposal for review and comment by the Public Works Department. 6.4 Development Services Department Year End Summary of 2008 Activities ( ) That Staff Report DS from the Director of Development Services regarding the Development Services Department Year End Summary of 2008 Activities (Appendix "A") be received for information purposes.

2 DEVELOPMENT SERVICES COMMITTEE AGENDA Wednesday - 7:00 p.m. Town Council Chambers Page Oraft Site Alteration By-law ( ) 1. That the draft Site Alteration By-law, in the form set out in Appendix "A" to staff report DS011-09, be approved. 2. That By-law # , a by-law to establish and require payment of various fees and charges, be amended to incorporate new Site Alteration application fees, as follows: 2.1 New Permit on property greater than 0.5 hectares (1.24 acres) in area shall be calculated as follows: Application Fee: $250 per property + $100 per hectare ($40.50 per acre); and Environmental Protection Fee (Security): 100% of the estimated value of the works. 2.2 Renewal or Transfer of an existing Permit using a previously approved Control Plan, the fees shall be: Renewal or Transfer of Site Alteration Permit Aoolication Fee: For an application received at least 30 days prior to the expiry of the existing Permit: $ Renewal or Transfer of Site Alteration Permit Aoolication Fee: For an application received less than 30 days prior to the expiry of the existing Permit: $ Environmental Protection Fee (Security): This security fee is the fee that would be payable for a new Permit, less any amount still held by the Town, on account, of the environmental protection fee security for the existing Permit. As such, the securities determined for the existing Permit will be carried over to the renewal or transfer of a Perm it and may be reviewed and adjusted accordingly. 3. That staff in the Development Services Department undertake a review of the Site Alteration By-law and report back to the Development Services Committee by December 31, Building By-law and Associated Fees Update ( ) That the Building By-law in the form set out in Appendix "A" to Staff Report DS be approved. 6.7 Ontario Building Officials Association - 53'd Annual Meeting and Training Session ( ) That the Town of Bracebridge contribute $5, to the 53'd Annual Meeting and Training Session (AMTS) to be hosted by the Muskoka/Parry Sound Chapter of the Ontario Building Official Association.

3 Thll 'kml 0[ MuskokiJ. DEVELOPMENT SER.VICES COMMITTEE AGENDA Wednesday January 28,2009-7:00 p.m. Town Council Chambers Page 3 7. ONGOING BUSINESS 7.1. Health & Safety Update 8. CORRESPONDENCE S.1 Committee of Adjustment for Minor Variance - Notice of Decision - Application A126/08 - Hugh and Shelley Merritt 8.2 Committee of Adjustment for Minor Variance - Notice of Decision - Application A127/0S - Robert and Barbara Kerton 8.3 Committee of Adjustment for Minor Variance - Notice of Decision - Application A12S/OS - Alan Hrabinski S.4 Committee of Adjustment for Minor Variance - Notice of Decision - Application A129/08 - Springbok Sewing Machines Limited 9. CLOSED SESSION 9.1 Personal matters about an identifiable individual, including municipal or local board employees (DS010-09) 10. RESOLUTIONS ARISING FROM CLOSED SESSION 11. ADJOURN A copy of this agenda in large print format is available upon request.

4 t1sjxt2h BRACEBRlDGE Staff Report Page: 1 Development Services Committee File #: TO: FROM: SUBJECT: Councillor L. Giaschi-Pacini, Chair and Members of the Development Services Committee Director of Development Services, K. Horrigan Planning Technician, S. McCormick Rezoning Application ZA/34-08 (Richard Break and Carol Barr) RECOMMENDATION 1. That the property described as Part of Lot 1, Concession 1, Draper Ward of the Town of Bracebridge, being Part 1 of Plan 35R from the present zone of Rural Residential Special - 21 (RR-21) to Rural Residential Special - 32 (RR-32) as shown in Appendix "A" to Staff Report DS That the applicant enter into a site plan agreement with the Town of Bracebridge. ORIGIN 3. An application has been received from Richard Beak and Carol Barr for a zoning amendment of the subject lands described as Part of Lot 1 Concession 1, Draper Ward of the Town of Bracebridge being Part 1 of Plan 35R The subject property is located at 1758 Doe Lake Road. 5. The subject property is fairly fiat and clear of vegetation with more coniferous and deciduous trees to the south of the property. Buck Lake (Fawn Lake) is to the south of the subject lands. 6. The subject lands are surrounded mainly by vacant land with one single detached dwelling to the north of the subject lands. There are some dwellings to the east of the subject lands on the opposite side of Doe Lake Road. 7. A map showing the location, zoning, and surrounding zoning of the subject lands can be found in Appendix "A". ANALYSIS B. The subject property is currently zoned Rural Residential Special - 21 (RR-21) by By-law The Rural Residential Special - 21 (RR-21) Zone permits all those uses in the Rural Residential (RR) Zone with a minimum lot area of 1.45 ha. 9. The zoning amendment application ZA-34/0B would rezone the subject lands from Rural Residential Special - 21 (RR-21) to Rural Residential Special - 32 (RR-32). The Rural Residential Special 32 (RR-32) Zone would permit all those uses in the Rural Residential (RR) Zone with provisions, including a lot area of 1.45 ha, permitting a Sawmill, that the Sawmill may have one accessory structure, that the accessory structure for the sawmill may be located in the front yard, that the accessory structure for the Sawmill must have a minimum front yard setback of 30 metres and that no Sawmill operations can operate within 150 metres of a navigable waterway. 10. Comments from the Chief Building Official of the Town of Bracebridge indicate no concerns with this application. 11. Comments received from the District of Municipality of Muskoka indicate no concerns.

5 rfjxt:?h BRACEBRlDGE Staff Report DS Page: 2 Development Services Committee File #: 12. Comments received from the Town of Bracebridge Public Works Department indicate that the applicants should be required to enter into a Site Plan Agreement with the Town so that the details of the proposed development, and any further Municipal requirements that are appropriate for the proposed use, can be determined as follows: Lot grading, drainage and storm water management and construction mitigation; The location and standard of an entrance to the site from Doe Lake Road that is satisfactory to the District of Muskoka; and Parkland dedication. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 13. The rezoning is well aligned with the community-based strategic plan objectives: o o A Vibrant, Prosperous and Economically Sustainable Community A Green, Mindful and Environmentally Sustainable Community 14. The rezoning is in keeping with the Community Based Strategic Plan as it will aid creating a vibrant, prosperous and economically sustainable community by continuing efforts in business retention and expansion of the existing industry base. The rezoning is in keeping with the Community Based Strategic Plan as it will aid creating a green, mindful and environmentally sustainable community by improving the ratio of permanent population to seasonal population. EXISTING POLICY 15. The subject property is outside the Urban and Near Urban Area of the Town of Bracebridge Official Plan and is within the Rural designation of the Town of Bracebridge Official Plan. The Rural designation, as outlined in Section B.2.7, is defined as those lands not directly identified as being subject to any other land use designation. The uses permitted in the Rural designation include a mix of resource related activities, single detached residential dwellings, and other small scale of space extensive development. 16. Section A states that Environmental Goals are to enhance and protect the quality of the natural and man-made environment while providing for economic growth. 17. Section B states that all development shall be sympathetic with the natural environment. 18. Section B states that natural features, such as creeks, significant heights of land, rock faces or cliffs, waterfalls and wetlands should be preserved. 19. Section F. 71 of the Official Plan states that all areas within the corporate limits of the Town of Bracebridge area a Site Plan control area. 20. The application conforms to the intent of the Official Plan of the Town of Bracebridge.

6 Staff Report Page: 3 Development Services Committee File#: AL TERNATIVE(S) 21. The following alternative is available for Committee's consideration: Alternative #1 The Committee could recommend that the rezoning application is not appropriate. This alternative is not recommended as the proposal conforms with the policies of the Town of Bracebridge Official Plan and site plan control will be required to identify building locations as well as retention of vegetation, and all other related site plan matters. FINANCIAL IMPLICATIONS 22. The applicant will be responsible for the cost of entering into a Site Plan Agreement.

7 BRACEBRlDGE Staff Report Page: 4 Development Services Committee File #: January 28,2009 Appendix "An Location of Subject Property and Surrounding Zoning (rlj./ Lot A Lot 1 LOf.1 Lot 3 Lot 4 1 LuI 5 \ Lot \r"'- '\ t-"---'" -;\\,-----,:I ii " (r') ::'" ',.,/,. U '\ '.::\/' A, ""t/,\ff"'" L "'[7 /.,.., :'rj<{",, ",,,, :: :: :: :: ;:: '<".,, j! i,,,_

8 rfjx!?r\ Staff Report DS Page: 1 Development Services Committee File #: TO: FROM: SUBJECT: Councillor L. Giaschi Pacini, Chair and Members of the Development Services Committee Director of Development Services, K. Horrigan Planning Technician, S. McCormick Rezoning Application ZAl35 08 (Muskoka Auto Services Ltd. and Roriald Ritchie) RECPMMENDATION 1. That the Rezoning for the property described as Lots 31, 32, 34 and 36 of Registrar's Compiled Plan 510, Macaulay Ward of the Town of Bracebridge as shown in Appendix "A" to Staff Report DS be deferred to allow staff an opportunity to review the comments received and to consult with the applicant's agent. ORIGIN 2. An application has been received from Muskoka Auto Services Ltd. and Ronald Ritchie for a zoning amendment of the subject lands described as Lots 31, 32, 34 and 36 of RCP 510, Macaulay Ward of the Town of Bracebridge. 3. The subject property is located at 363 Manitoba Street. 4. The subject property is on a hill with a gradual rise to the top where the dwelling resides which is the eastern portion of the lands. There are several trees on the property, mainly coniferous. 5. The subject lands are surrounded by single detached dwellings to the north, south and west. To the east of the subject lands is the South Muskoka Golf Course which is zoned Open Space. 6. A map showing the location of the subject lands can be found in Appendix "A". 7. A map showing the zoning and surrounding zoning can be found in Appendix "B". 8. A conceptual site plan was submitted with the rezoning application on December 22,2008 by the applicant, as shown attached on Appendix "C". 9. The lands are subject to a consent application which propose to create one severed parcel and one retained parcel on Lots 31, 32, 34 and 36 of Registrar's Compiled Plan 510, Macaulay Ward, of the Town of Bracebridge. The proposed severed parcel is approximately 1,758 square metres (18,923 square feet) with 43.2 metres (141 feet) of frontage on Manitoba Street. The proposed severed parcel is currently vacant and row dwellings are being proposed on the parcel. The proposed retained parcel is 3,303 square metres (35,555 square feet) with approximately 18 metres (59 feet) of frontage on Manitoba Street. The proposed retained parcel currently contains a detached dwelling and is being proposed to be converted to a triplex. The proposed retained parcel also contains a private road known as Chestnut Hill Road. The application would also create a right-of-way over the western portion of Chestnut Hill Road for vehicular access to the proposed severed lands.

9 rklxl?t\ 'I T/", ife..-uto[ Mu,;k(,I(" Staff Report Page: 2 Development Services Committee File #: ANALYSIS 10. The subject property is currently zoned Residential Type 1 (R1) by By-law Zoning amendment application ZA-35/08 would rezone the subject lands from Residential Type 1 (R1) to Residential Type 3 - Holding (R3-H), in part, and Residential Type 3 Special - 17 Holding (R3-17H), in part. The Residential Type 3 - Holding (R3-H) Zone would permit only the existing uses until such time as the Holding (H) Symbol is removed by By-law, at which time the permitted uses will be all those uses in the Residential Type 3 (R3) Zone. The Residential Type 3 Special - 17 Holding (R3-17H) Zone would permit only the existing uses until such time as the Holding (H) Symbol is removed by By-law, at which time the permitted uses will be all those uses in the Residential Type 3 (R3) Zone including an Accessory Apartment Dwelling Unit with a minimum lot frontage of 18 metres. 12. The Holding (H) symbol may be removed by By-law once the applicant has entered into a servicing agreement with the District of Muskoka for matters under the jurisdiction of the District of Muskoka and a site plan agreement with the Town of Bracebridge and such agreements have been registered against the title of the lands. 13. Comments from the Town of Bracebridge Chief Building Official indicate with respect to the retained lands being used for a triplex, a change of use permit will be required from a single family dwelling to a triplex. Additionally, the Building Department will require confirmation if the property is on a septic system or sewers by the applicant confirming with the District of Muskoka. Confirmation from the Fire Department for access to the building will be required. 14. Comments from Lakeland Power Distribution Ltd. encourage the owner/developer to contact Lakeland's Engineering/Metering Department as soon as possible for cost estimates for work required if an additional residence is proposed or economic evaluation if multiple residences are proposed. 15. Comments from the Town of Bracebridge Public Works Department indicate the road labeled "Chestnut Hill Road" is not a public roadway and so any lots to be rezoned to provide additional development rights must have frontage on Manitoba Street. 16. The Public Works Department recommends that the applicants for the proposed future Residential Type 3 Special-17 (R3-17) development and associated uses be required to enter into a Site Plan agreement with the Town so that the details of the proposed development, and any further Municipal requirements that are appropriate for the proposed use can be determined as follows: Lot Grading, drainage and Storm Water Management and construction mitigation; The location and standard of an entrance to the site from Manitoba Street that is satisfactory to the District of Muskoka; Possible installation of sidewalks and street lighting; On site curbing and paving that are appropriate for the proposed use can be determined; Site lighting; Parkland dedication; The servicing requirements of the District of Muskoka related to the provision of water and sewer services; and

10 fls,lx\2!\ Staff Report Page: 3 Development Services Committee File #: Designation of snow storage areas on site. 17. Comments from the District of Muskoka staff indicate the subject property is located within the "Urban Centre" designation of the Muskoka Official Plan, as amended. It is their understanding that the above noted application would have the effect of rezoning the property from Residential Type 1 (R1) to Residential Type 3 Special-17 (R3-17). 18. Sections 0.5 and H.6 of the Muskoka Plan require that new development proposals connect to municipal water supply and sanitary sewage disposal services, except in limited circumstances. In order to ensure the provision of adequate sewer and water services, it is recommended that a holding (H) provision be included in the proposed zoning by-law amendment. 19. Muskoka staff would not be opposed to the approval of the above noted application, provided that the zoning by-law amendment is revised to include a holding (H) symbol. Removal of the (H) symbol would be considered provided the owner enter into a servicing agreement with the District of Muskoka for matters under the jurisdiction of the District of Muskoka and such agreement has been registered against the title of the lands. 20. Staff have revised the proposed zoning to include the Holding (H) symbol. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 21. The rezoning is well aligned with the community-based strategic plan objectives: Ii'! Ii'! A Green, Mindful and Environmentally Sustainable Community An Engaged, Healthy and Socially Sustainable Community 22. The rezoning is in keeping with the Community Based Strategic Plan as it will aid creating a green, mindful and environmentally sustainable community by improving the ratio of permanent population to seasonal population. The rezoning will assist in creating an engaged, healthy and socially sustainable community by encouraging the private sector to provide a diverse range of housing facilities. In addition, the development will be subject to site plan control, which will determine layout of the proposal, including vegetation retention. EXISTING POLICY 23. The subject lands are located within Residential designation of the Town of Bracebridge Official Plan. The Residential designation, as outlined in Section C.3.2 permits a broad range of residential dwellings types at varying densities along with compatible uses that are complementary to and serving the primary residential use. These compatible uses include community facilities, home occupations, convenience commercial and open space uses. 24. Section A of the Official Plan of the Town of Bracebridge states that the Urban Area should be the most intensely developed type of settlement. 25. Section A of the Official Plan of the Town of Bracebridge states the Urban Area shall be developed in a compact form, with the direction of grow1h generally oriented towards the north and west, based on topographic, transportation and servicing infrastructure constraints and opportunities. 26. Section A of the Official Plan of the Town of Bracebridge states the transportation system should be designed to accommodate a variety of forms of transport including walking, cycling, driving, and public transit.

11 rklxj2]) Staff Report DS Page: 4 Development Services Committee File #: 27. Section A of the Official Plan of the Town of Bracebridge states that development should be encouraged that supports and builds upon the visual, environmental, historic and functional aspects of Bracebridge, and that recognizes and supports the "small town" community atmosphere. 28. Section A of the Official Plan of the Town of Bracebridge states that intensive development should be directed to locations where municipal servicing infrastructure is available or can be provided in a cost effective manner. 29. Section A of the Official Plan of the Town of Bracebridge states that a transportation infrastructure will be developed that improves connectivity within and around the Urban and Near Urban Areas for all citizens. 30. Section A of the Official Plan of the Town of Bracebridge states that residential goals are to provide the present and future residents of Bracebridge a full range of housing types and densities to meet projected demographic and market requirements in a fashion that supports the overall goal of mixed uses, visual attractiveness and pedestrian scale. 31. Section A of the Official Plan of the Town of Bracebridge states that opportunities for residential intensification should be identified throughout the urban area. 32. Section B of the Official Plan of the Town of Bracebridge states that the following criteria shall be considered when evaluating proposals for housing intensification and infilling within established neighbourhoods: Availability of municipal services to accommodate the increased demand, including such services as water, sanitary sewers, storm drainage and parkland; Off-street parking is adequate; Compatibility with the existing neighbourhood character in terms of scale, massing, height, siting, setbacks, parking and amenity area so that a transition between the existing and proposed buildings are provided; Existing vegetation is maintained where possible; Community services and other neighbourhood conveniences are accessible; and Capability to provide adequate buffering and other measures to minimize any identified impacts. 33. Section B.10.1 of the Official Plan of the Town of Bracebridge states that new development shall be compatible with: Other legal land uses in the vicinity so as to ensure the continued operation of such uses and to allow expansion where feasible and appropriate to such uses; and The type and character of the community in which the use is being proposed. 34. Section B.10.2 of the Official Plan of the Town of Bracebridge states that development shall occur in such a manner as to ensure compatibility with surrounding areas and between uses. In determining compatibility, the following factors shall be considered:

12 rts1xi?t\ "!J Staff Report DS Page: 5 Development Services Committee File #: Off-street parking and loading areas shall be located in such a manner so as to minimize the impact on adjacent residential uses with respect to noise, traffic, emissions and visual appearance; Outdoor storage shall be appropriate for the site and may be required to be screened, fenced, and/or provide a vegetative buffer and where possible, located to the rear of the existing buildings; The exterior lighting of any building or parking area shall be designed to deflect glare away from adjacent properties and shall be sensitive lighting; Landscaping and vegetative buffers using native species should be used where appropriate to mitigate conflicts between uses; An adequate separation distance or other suitable mitigative measures shall be implemented to protect sensitive land uses; and The number and location of vehicular access points shall be limited to minimize disruption to traffic flow. 35. Section B.10.3 of the Official Plan of the Town of Bracebridge states development which requires parking areas shall meet the following criteria: Parking areas will be established at a rate that will adequately service the related facilities subject to the provisions of the Zoning By-law; Access points shall be limited in number and assigned in a manner which will minimize hazards to pedestrian and motor vehicle traffic in the immediate area; and Parking areas shall be adequately landscaped and where there are adjoining residential uses, should be screened from view. 36. Section B of the Official Plan of the Town of Bracebridge states that where new development, which includes accommodation, is proposed in close proximity to a provincial highway or arterial road, regard shall be given to traffic noise. The Town may require a noise feasibility study for development proposals situated within 300 metres (984 feet) of Highway 11 or 150 metres (492 feet) of any other provincial highway or arterial road. The feasibility study will determine if provincial guidelines can be achieved and recommend appropriate mitigative measures where necessary. 37. Section B of the Official Plan of the Town of Bracebridge states that the Town shall encourage the development and integration of a road network that ensures safe, convenient and efficient movement of people and goods having regard for the natural and physical features of the Town. 38. Section C.1.1 of the Official Plan of the Town of Bracebridge states that the function of the Urban Area is to accommodate a wide range of land uses that meet the needs of local residents, business and visitors. Residential development, commercial and industrial uses will be encouraged to locate in the Urban Area. Community uses such as schools, hospitals and public housing as well as intensive recreational, cultural and administrative facilities serving the local and areas residents will also be encouraged to locate in the Urban Area.

13 rf\jxl2r\ BRACEBRlDGE Staff Report Page: 6 Development Services Committee File #: 39. Section C.3.2 of the Official Plan of the Town of Bracebridge states that the Residential designation permits a broad range of residential dwelling types at varying densities ranging from single unit structures to multiple unit structures. Uses compatible with, complimentary to and servicing the primary residential use of the land such as community facilities, home occupations, convenience commercial and open space uses are permitted within the Residential designation. 40. Section C. 3.8 of the Official Plan of the Town of Bracebridge states that Residential developments are encouraged to provide affordable housing opportunities. 41. Section C.3.10 of the Official Plan of the Town of Bracebridge contains density ranges for residential development. Apartment style development requires a maximum density of 60 units per hectare (24 units per acre). Based on the lot size of the subject lands of a total of 0.58 hectares (1.45 acres), a maximum of 34 dwelling units would be permitted on this site. 42. Section C.3.11 of the Official Plan of the Town of Bracebridge contains criteria for multiple unit residential development. The development must be provided with municipally piped water and sewer services, the site must have appropriate access for both vehicular and pedestrian access and the development should be compatible with adjacent type and form or residential development. When apartment style development is proposed adjacent to single detached dwelling development, increased buffers and setbacks shall be utilized. 43. Section C.3.11 also states that the development should be in close proximity to open space and/or recreational facilities. Section 3.11 also requires the development be in close proximity to a collector or an arterial road and Manitoba Street is a collector road. 44. Section C.3.12 of the Official Plan of the Town of Bracebridge states that Residential intensification and infilling may be permitted within the existing residential neighbourhoods on full municipal water and sewer services as a means of increasing the amount of available housing stock. Intensification initiatives may include the provision of accessory units and the use of innovative lot configurations that would allow additional lots to be created in established areas. 45. Section F 7.0 of the Town of Bracebridge Official plan contains policies on Site Plan control, and indicates all areas within the corporate limits of the Town of Bracebridge are a Site Plan Control Area. AL TERNATIVE(S) 46. The following alternative is available for Committee's consideration: Alternative #1 The Committee could recommend that the rezoning application is appropriate and recommend approval. This alternative is not recommended as further clarification and consultation is required on this application due to matters that have arisen since circulation of the application. FINANCIAL IMPLICATIONS 47. The applicant will be responsible for the cost of entering into a Site Plan Agreement. Kim Hor an, irector of Development Services

14 rfj5<:i2r\ ""1 BRACEBRlDGE Staff Report Page: 7 Development Services Committee File #: Appendix" A" Location of Subject Property

15 BRACEBRfDGE Staff Report Page: 8 Development Services Committee File #: Appendix "8" Zoning of Subject Property and Surrounding Lands \ I Rl RI-6 II RIll I OS2-1 OS2

16 I1S1Xl2T\ 1'tf Staff Report Page: 9 Development Services Committee File #: Appendix "C" Site Plan COSGROVE: SEVERANCE PROPOSAL

17 a;:ixl2t\ -'''''He."trtoft>f(1sk.. Staff Report OS Page: 1 Development Services Committee File #: TO: FROM: SUBJECT: Councillor L. Giaschi-Pacini, Chair and Members of the Development Services Committee Director of Development Services, K. Horrigan Planning Technician, S. McCormick Site Plan Application DAl34-08 (Justinian Scott Creed) RECOMMENDATION 1. That consideration of Site Plan Application DAl34-0B be deferred pending the submission of a revised stormwater management report reflecting the most recent development proposal for review and comment by the Public Works Department. ORIGIN 2. A site plan application for an amendment has been submitted by Justinian Scott Creed for the property described as Lot 21, Concession 13, Draper Ward of the Town of Bracebridge. 3. Two site plan agreements have been registered on the property on October 12, 2000 and July 5, A site plan as submitted on December 22, 200B, is attached hereto as Appendix 'A'. The applicant is proposing to build a two storey residential structure for an additional 170 guests. 5. Elevations as submitted on December 22, 200B, are attached hereto as Appendix 'B'. Large plans are available, also, to review in the Development Services Department. ANALYSIS 6. The subject property is located at 1745 Fraserburg Road and is 42 hectares (104 acres) with a private access driveway off of Fraserburg Road. 7. The subject property is zoned Institutional Special 4 (1-4), in part, and Rural (RU) in part, under Comprehensive Zoning By-law , as amended. The Institutional Special 4 Zone limits the uses to a Children's Camp. The Rural Zone permits all uses within a Rural zone and building permits would be available provided the property has frontage on a year round maintained public road. B. Comments received from the Town of Bracebridge Chief Building Official indicate, at the building permit stage, information on occupant load of all buildings (old and new), fixtures for all buildings and the design and approval of septic will be required. 9. Comments received from the Town of Bracebridge Public Works Department indicate that the Stormwater Management Report submitted with the Site Plan Application does not correspond with the site plan concept plan provided for a new two storey residential structure with additional parking lot construction. It is recommended that the applicant revise and submit a new stormwater management report to reflect the most recent development proposal, for further review and comment by the Public Works Department. 10. Comments from the Town of Bracebridge Fire Department indicate that the dry hydrant indicated on the plans has to be installed according to the National Fire Protection Association Standadards - NFDA-1142.

18 rklx!2r\ BRACEBRlDGE Staff Report Page: 2 Development Services Committee File #: 11. The proposal meets all the setback and lot coverage requirements of Zoning By-law LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 12. The rezoning is well aligned with the community-based strategic plan objectives: o o A Green, Mindful and Environmentally Sustainable Community An Engaged, Healthy and Socially Sustainable Community 13. The site plan is in keeping with the Community Based Strategic Plan as it will aid creating a green, mindful and environmentally sustainable community by improving the ratio of permanent population to seasonal population. The site plan will assist in creating an engaged, healthy and socially sustainable community by promoting healthy lifestyles and wellness for all ages and abilities and support leadership programs with a focus on youth. In addition, the development will be subject to site plan control, which will determine layout of the proposal, including vegetation retention. EXISTING POLICY 14. The north portion of the subject lands are designated Restricted Tourist Commercial - Children's Camp as set out in Official Plan Amendment No.2 to the Town of Bracebridge Official Plan which was approved by the District of Muskoka on April 10, These lands are approximately 12 acres in area. 15. Section of OPA 2 defines the Children's Camp as a restricted commercial use in the form of a year round children's camp comprising of accommodation units, lodge facilities, and other accessory uses common to a children's camp. 16. Section of OPA 2 sets out the Density requirements that the number of cabins and accessory structures shall be suitable for the physical and biological abilities of the property. 17. Section of OPA 2 indicates that private sanitary sewage and water supply and distribution shall be provided in accordance with the regulations of the Ministry of Environment and the Town of Bracebridge. 18. Section of OPA 2 states that all roadways and services shall be subject and have regard for all Official Plan Policies of both the District of Muskoka and Town of Bracebridge. 19. Section 2.2.5,2.2.6 and of OPA 2 sets out shoreline policies, trail development and parking requirements. 20. Section F 7.0 of the Town of Bracebridge Official Plan contains policies on Site Plan control, and indicates all areas within the corporate limits of the Town of Bracebridge are a Site Plan Control Area. 21. The remaining lands are located within the Rural Designation of the Town of Bracebridge Official Plan. Section B.2.7 of the Town of Bracebridge Official Plan states that the Rural designation is defined as those lands not directly identified as being subject to any other land use designation. The uses permitted in the Rural designation include a mix of resource related activities, single detached dwellings and other small scale or space extensive developments.

19 rtsjx'i2d '!f The ffe;.uto{!vfi,15!<;r..lt" Staff Report Page: 3 Development Services Committee File #: AL TERNATIVE(S) 22. The following alternative is available for Committee's consideration: Alternative #1 The Committee could recommend that the site plan amendment be approved with a recommendation for an updated storm water management. This alternative is not recommended as the storm water management plan should be updated to coincide with the site plan application to ensure proper site plan control on the subject lands. FINANCIAL IMPLICATIONS 23. The applicant will be responsible for the cost of entering into a Site Plan Agreement.

20 rfs1xj2t\ 71w I-trur!<>! I'1uili';"", Staff Report Page: 4 Development Services Committee File #: Appendix "An Site Plan, J, J, I, I I j, I COUGAR LAK' '-""-"<':!?f:l't L < = SOt'U2!

21 rkjx:i?t\..,- Staff Report DS Page: 5 Development Services Committee File #: Appendix "8" Elevations

22 rtsix!2r\ BRACEBRlDGE The Hew! or MusJwka Staff Report OS Page: 1 Development Services Committee File #: TO: FROM: SUBJECT: Councilor L. Giaschi-Pacini Chair and Members of the Development Services Committee Director of Development Services, Kim Horrigan Development Services Department Year End Summary of 2008 Activities RECOMMENDATION 1. That Staff Report DS from the Director of Development Services regarding the Development Services Department Year End Summary of 2008 Activities (Appendix "A") be received for information purposes. ORIGIN 2. The Director of Development Services regularly reports to committee at year-end with a summary of the planning and building initiatives of the Department. The summary information contained in Appendix "A" attached provides this information over the period of January 2008 to December The summary attached, for comparative purposes, also provides the comparisons for the previous ten years. ANALYSIS 3. This report will provide Committee with information as to what planning and building matters the Town has dealt with during the 2008 year. It will also provide Committee with an update as to the revenue generated and any non-routine items dealt with by the Development Services Department for this reporting period. EXISTING POLICY 4. This report is presented in accordance with the past practice to provide a year-end summary of the information dealt with in the Development Services Department, and the status of the Corporation's planning and building initiatives. AL TERNATIVE!S) 5. As this report is for information purposes only, no alternatives are presented. FINANCIAL IMPLICATIONS 6. The receipt of this report has no financial implications for the Corporation. Kim orrigan, Director of Development Services

23 I1SJXI?r\ BRACEBRlDGE 1he Hei'lrt of 1'Vluskoka Staff Report Page: 2 Development Services Committee File #: APPENDIX "A" Summary of 2008 Activities The Planning and Building functions are important components in the overall development of our Municipality. Planning, through our Official Plan for example, provides for a framework to guide future land use and physical development in our Municipality. This in turn provides an additional tax base, employment and infrastructure to our Town. Since 1989, the Planning and Building functions for the Town have been operating under the Development Services Department and corresponding Committee, reporting to a Department Head. The primary purpose for this arrangement was to create a "one stop shopping" approach to development approvals, from initial contact through Planning approvals, Building approvals, completion and occupancy. The secondary benefit was a clear reporting and accountability structure to Committee and Council. The Development Services Department serves the citizens of the Town of Bracebridge by ensuring that current and future development is compatible with the physical, environmental and economic capacity of the Town of Bracebridge. This Department also ensures that new construction is carried out with properly issued building permits and that all new construction meets the standards of the Ontario Building Code Act and Regulations. For all the various planning and building functions of Department, the Department is responsible for inquiries, preparation, review, maintenance, monitoring, updating and amendment, interpretation and compliance comments, inspection and enforcement. The following provides a summary of the activities during 2008 in the Development Services Department, as compared to the previous ten years. Included in this report are statistics, shown in numerical and graphical format, revenue generating activities of the Building and Planning functions of the Department for the years 1998 to 2008 and the Building Permit Final Report. A summary of the Septic Re-inspection Program for the summer of 2008 is also included in this report. Building Permit Comparisons The total number of building permits issued, including septic systems, as shown in Tab/e 1 were 625, down from 632 in 2007, with a total value of $41,183,888.75, generating building permit fees of $389, compared to $48,922, and $413, in This represents $39, over what was budgeted ($350,000.00) for This included 162 permits for new residential units, as compared to 185 in 2007, and 132 residential additions/renovations in 2008 as compared to 146 in Table 2 & Chart 2 further illustrates residential permits over a ten year period. The Department collected $175, in Development Charges for the Town of Bracebridge and $1,121, for the District of Muskoka. For residential development, both the Town and District require a Development Charge to be paid. The Town of Bracebridge does not currently collect development charges for non residential (industrial, commercial, institutional) development. The District of Muskoka does require payment for non residential development. Septic system permits of 86 were a decrease from the previous year of 87 permits.

24 I'flXl2t\ The Heart of f'vju.:4roka Staff Report DS Development Services Committee Page: 3 File #: Table 1 Building Permit Comparison Permit Nos Permits Nos New Residential Construction 185 $29,031, $31,370, Addition/Renovation Residential 146 $3,531, $2,466, New Com/lnd/lnst 5 $11,310, $1,077, Addition/Renovation Com/lnd/lnst 24 $1,779, $2,152, Accessory Structure 104 $2,229, $3,075, Other 81 $285, $325, Septic 87 $754, $717, TOTAL 632 $48,922, $41,183, TOTAL BUILDING PERMIT FEES $413, $389, Table 2 & Chart 2 Building Permits for Residential Construction New Additions BUILDING PERMITS ISSUED (1998 to 2008) ,- There were a total of four (4) new commercial/institutional/industrial permits, including Loney (spa on Robert Dollar Drive), A&W, Mossrock Holdings (West Mall Road) and Dawson (Muskoka Beach Road), as compared to five (5) in 2007 (Tab/e 3 & Chart 3). During 2008, there were additions/renovations in this category including an addition to SI. Dominic's High School, renovations for Shoppers Drug Mart, demolition of the Pines and addition to the real estate office on West Mall Road(Table 4 & Chart 4).

25 IlSJ5<1?t\ The Heart of Muskoka Staff Report Page: 4 Development Services Committee File #: Table 3 & Chart 3 Building Permits for New Commercial, Institutional, Industrial Construction 1998 Commercial 5 Institutional 3 Industrial BUILDING PERMITS ISSUED COMMERCIAL, INSTITUTIONAL, INDUSTRIAL (1998 to 2008) 16t u, ,:-- rn CorTl!OOTcial New 14 t D Institutional- New,. D Industrial - New 12"" t :, I 8t TT- I

26 f'l$1x12r\ f BR/\CEBRlDGE 7 he Hearl of Muskoka Staff Report Page: 5 Development Services Committee File #: Table 4 & Chart 4 Building Permits for Additions/Renovations Commercial, Institutional, Industrial Construction Commercial Institutional Industrial COMMERCIAL/INDUSTRIAL/INSTITUTIONAL - ADDITIONS & RENOVATIONS ONLY (1998 to 2008) , , If 40 If I:'! D Com:nercialJAdd/Reno 30 III ndustrialladd/reno 20 r--'? 10 r--[i[\ 0 :0 1:.: -,, I' j, r " ri ', I' I'nil Ih llu Clm-J ; ",!h n j,r,ni I, i, i D nsuiulionalladd/reno, I Table 5 & Chart 5 illustrates the permit numbers with respect to accessory and other structures, Accessory structures include buildings such as private cabins, garages or docks. "Other" structures include permits for demolition permits, swimming pool or water and sewer hook up permits. Chart 6 below illustrates the comparison of septic permits issued over a ten year period. In 1998, septic systems were included as part of the Ontario Building Code, and thus the Town of Bracebridge assumed the role of septic permit review and issuance.

27 -"-' , n;jxi?r\ f The liearl or Muskoka Staff Report Page: 6 Development Services Committee File #: Table 5 & Chart 5 Building Permits Accessory & Other Structures Docks Boathouses Garages Pools (other) ACCESSORY & OTHER STRUCTURES (1998 to 2008) _., , 50t r--rr _,,_ ,, ! 0 COCks r-- to T: o [,b ! m Boathou8es >--.- rw r-- I-- f- --"tiogarages* l' 0 FI:Iols (Other), -. r-- c--', - I-- H l h ' m ]I hi '---- " n n,r; ,- --- PERMITS ISSUED - SEPTIC SYSTEMS (1998 to 2008) Chart 6 Septic System Permits Issued

28 11\!xvl\ The He.'lrt of"mll*oka Staff Report Page: 7 Development Services Committee File #: Septic Re-Inspection Program - Summary 2008 The septic re-inspection program began in the Town of Bracebridge in the summer of The purpose of this program is to gather information about the sewage system at each property and then to conduct a visual inspection of the sewage system. The systems may vary and any follow up deficiencies or required information is followed up with a letter to the property owner. Deficiencies with the sewage systems vary. They include an overgrown or eroded septic bed that needs to be maintained, signs of discharge, the requirement of a septic pumping receipt, a sketch of the on-site sewage system or the type and size of the existing septic tank. Each inspection consists of an on-site visit. Information such as sketches and the tank size and type are collected. The on-site inspections are done mainly to chart whether or not there is any evidence of dysfunctional systems. Reviewing the records of the septic system as well as an on-site visit helps to determine if there is a problem with the system. A booklet is left at each property at the time of inspection and follow up letters are sent to property owners where more information is required andlor there were deficiencies noted at the time of inspection. In the summer of 2000 and 2001, the inspector inspected eight lakes and the surrounding areas. In the summer of 2002 one lake and areas around it were inspected as well as follow up inspections of the previous two summers. In the summer of 2003 three lakes and the surrounding roads were inspected as well as follow up inspections to the previous two summers. In the summer of 2004, inspections of smaller road areas were conducted, as well as water access properties on Prospect Lake. In total, nineteen roads or part of roads were inspected. The inspections included initial searching for records and information, a visual on site inspection, a follow letter, responding to property owners and re-inspections if necessary. A large number of re-inspections were carried out on properties mainly from the 2003 season, on Bird, Bigwind and Prospect Lakes. Information was also provided to cottage associations including Bird and Bigwind Lakes Cottagers Associations. During the summer of 2005, a total of 276 inspections were conducted on Alpine Ranch Road, Fawn Lake (Macaulay Ward) area, Forrester Trail, Gilleach Lake Road, Holiday Park Road, Harmony Lane, and Springdale area, in addition to follow up inspections from previous summers. The summer of 2006 was the seventh summer of the Program with a total of 435 inspections on various properties on private roads abutting waterbodies. In addition, a number of areas of previous years were re-inspected. The summer of 2007 was the eighth summer of the Septic Re-Inspection Program, with a total of 410 inspections conducted at the following locations: Eilean Gown Island Browning Island Wilsons Falls Rd High Falls Rd Bonnell Rd Evergreen Court Caisses Island Trading Post Lane Hamilton Pt S. Ennis Bay Rd Waters Rd The areas which the Department followed up on included the following: Beaumont Drive Beaumont Farm Bailey Lane McVittie Rd Alport Bay Carls mount Rd Haven Road Hawn Road Bigwind Lake Alpine Ranch Rd Tough Lane Maplewood Marwood Dr Waldemere Rd Bowyers Beach Holiday Park Dr Pvt

29 rnxl2t\! Tne Henri of,',!uskoka Staff Report DS Page: 8 Development Services Committee File #: Matthiasville Rd Bird Lake Bangor Lodge Rd McVittie Island Golden Beach Rd Wilson Island Springdale Park Rd Springdale Shores Pvt Birch Island Santa's Village Rd In the summer of 2008, a total of 394 new properties were inspected. Of the inspections conducted this past summer, 129 properties contained no apparent problems with their septic systems, meaning a complete site inspection was conducted and all relevant information was available (I.e. septic use permit, sketch of property etc). This is a decrease compared to 248 properties that exhibited no apparent problems out of 410 new inspections for the summer of Of the inspections in the summer of 2008, 308 (new or re-inspected) properties require that further information be provided to complete the inspection to verify the system and to complete the records of that property that the Municipality may not have on file. Examples of additional information in this circumstance are a pump-out receipt issued by a sewage hauler, a septic approval issued by the Health Department, a Use Permit issued by the Ministry of the Environment, or a sketch of the on-site sewage system. Other cases of pending inspections may refer to the system being overgrown, subject to erosion or other such deficiencies. Given that many of these systems are dated and the records are old, the Municipality does not necessarily have all the septic system information for a piece of property prior to the time period that the Municipality began to look after septic systems. Therefore, a request is made to the prgflefty-ewaer-t& provide a copy of that information should it be available. Otherwise, many have their system pumped, and then provide that pump receipt to the Municipality. Once further information is received, it is assessed, and used to determine if additional information is required or additional measures to be taken. For example, it may be a simple matter where the system has some erosion or small trees growing on the system. The property owner is required to fix this minor problem, and report back to our office. A follow up visit is then conducted. Through the entire year, the Municipality receives follow up information from property owners who have been sent a letter. In the summer of 2008, this information was also reviewed and complied as necessary. Each summer, as noted, the inspector conducts follow up inspections from the previous summers and follows up from letters sent to property owners during previous summers. As of the end of August, there were 53 property owners who had not responded to letters of deficiencies or requests for further information. As of the end of August 2008, there were 76 properties where the sewage system has been upgraded or replaced due to rusted out steel tanks, no sewage system originally in place or to upgrade of the system to standards. In 2007, there were 22 new or upgraded septic systems. Septic systems, which were deemed as dysfunctional, are required to be repaired or replaced, and therefore have been. A system is deemed dysfunctional/failed if it is leaking/breaking out, or has a steel tank that is leaking. Dysfunctional systems can generally be seen right away, and therefore are required to be repaired or replaced subject to the Ontario Building Code. Over the nine years, there were 146 steel tanks from all the properties inspected, 21 holding tanks (this tracking started in 2005) and 178 replaced or upgraded septic systems from all the properties inspected. There are also further specific calculations for the roads/islands/lakes inspected throughout the program, and can be made available if you wish to review.

30 LJSJ><12T\ t BRACEBRlDGE The He.arl o{!\,fuskoka Staff Report DS Page: 9 Development Services Committee File #: To date, 3,225 properties have been inspected. Through this program we aim to educate people about the importance of a well functioning system by inspecting all existing private septic systems in the Town of Bracebridge and to bring those failed systems into compliance with the Ontario Building Code. This program has been well received by the community. The island properties inspected over the past summer proved to be slightly more difficult to inspect due to the weather restrictions and the travel time. Properties on Eilean Gowan were in need of immediate attention and leuers were sent to address these situations. Progress was made with these properties, however, follow up letters and inspections should continue in the summer of A number of property owners that had older steel tanks indicated they would look into having their tanks replaced at some point in the next summer, these should be followed up on to confirm that action is being taken to resolve potentially failing systems. Follow up letters should also be carried out for properties where there has been no response from the property owners. For the summer of 2009, we propose to continue with follow up from properties of previous years, finalize inspection on Lake Muskoka, and begin inland property inspections. Sign Variance & Permit Comparisons Statistics with respect to sign variances ( ) and sign permits ( ) are included below as Table 7 & Chart 7. In 2008, 18 variances were requested, and 40 sign permits were issued. This is compared to eighteen (18) sign variance applications, and twenty three (23) sign permits in The Development Services Department began tracking sign permits in more detail in 2000, and began tracking of sign variances in more detail in Table 7 below illustrates these comparisons. T a bl e7 &Ch art 7 S Ign V anances &S 19n P ermlts ssue d Sign Variance Sign Permits SIGN PERMITS (2001 to 2008) SIGN VARIANCES ( )

31 cklxi2t\ The H&:lrl 01,v{u8koJ.:a Staff Report Page: 10 Development Services Committee File #: Planning Application Comparisons There were no official plan amendment applications for There were 35 rezoning applications, the same number as last year, generating revenues of $23, in The comparison of these applications over the past ten years is illustrated below in Table 8 & Chart 8. T a bl e8 &Ch art 8 OPA & Zoning Amendment Applications OPA a 0 Rezoning a a a 1 a OFFICIAL PLAN AND ZONING AMENDMENTS (199B to 200B) DOPA El Zoning In 2008, the Department processed 39 consents, 21 minor variances and 34 site plan applications, generating revenues of $40,812.25, $12, and $13, respectively, as compared to 56 consents, 21 minor variances and 43 site plans generating revenues of $45,237.00, $8, and $19, respectively in Table 9 & Chart 9 illustrates the comparison of these applications over the past ten years.

32 I. h I-< rklx12r\ The Heart o( Muskoka Staff Report OS Page: 11 Development Services Committee File #: Table 9 & Chart 9 Consents, Minor Variances & Site Plan Applications Consents 37 MinorVar Site Plans CONSENTS, MINOR VARIANCES, SITE PLANS (1998 to 2008) OO Fc I-- 50 l- -'L_--l f----f"j i 1--+ r--(.' I--+I,f-----,rr-----i:, - r ' L_J,.. I--- b.-'--'.'----' L-"I-; 1---;.,,,---i 0 Co",en!,' :: " ',_' I--, :. ----, ""I-: II- I- I-- l-.ii I I-- I-- I, l- I- I-,, I-.'.' " I.' j 05U4L4I.u+L4 I:,!I m! E I-- I I- 1, 'll, I- I h I m Mnor Variances o Site Rans The Town of Bracebridge became the consent granting authority in 1999, at which time the Committee of Adjustment for Consents was created. The Committee of Adjustment is a judicial body, which makes decisions based solely on the information gathered at the committee meetings as a committee, meaning committee members are not to be contacted prior to the hearing to avoid a conflict of interest. Likewise the Committee of Adjustment for Minor Variances is a quasi judicial committee, which held thirteen (13) meetings during 2008 to consider twenty seven (27) minor variance applications. Committee members were remunerated a total of $1, based on a standard of $60.00 per meeting per committee member. The Committee of Adjustment for Minor Variances contains three (3) committee members, whom of which are lay people from the community. Staff attendance at the Committee of Adjustment for Minor Variance meetings were fourteen (14) meetings attended by Matthew Holmes, Secretary-Treasurer of the Committee of Adjustment for Minor Variances, and one (1) meeting attended by Sue McCormick, Planning Technician. Property compliance reports, dealing with building permits, septic, zoning, agreements and access, generated revenues of $23,619.49, less than budgeted for 2008 by $2, The Department processed 210 compliance reports as compared to 232 in Revenues generated in 2007 were $ 23, Although fees were increased in 2008 for this service, the Department is receiving fewer requests from purchaser's lawyers due to the increasing use of Title Insurance. It appears this trend is continuing. In addition, our Department comments on shore road and road closing application from a planning perspective (ie fish habitat), and in 2008, we commented on 13 applications.

33 rr;ixi2t\ 111e Heart 0( Muskoka Staff Report DS Page: 12 Development Services Committee File #: Community Improvement Plan In 2005, the Town of Bracebridge undertook to prepare and finalize a Community Improvement Plan under the Planning Act, and our Official Plan Policy (Section 11.0). It was finalized in June of 2005 with the purpose of maintaining, rehabilitating and redeveloping the existing physical environment, both public and private, to accommodate the social and economic priorities of the Town of Bracebridge, all within the context of the Planning Act. Our Community Improvement Plan relates to both building facades and associated signage, and the maintenance and rehabilitation of such within the Urban Area. In 2006 the Community Improvement Plan Committee dealt with ten (10) applications, five (5) for fa9ade and five (5) for signage. A total of $38, was allocated for this purpose out of a budget of $90, In 2007, the Community Improvement Plan Committee dealt with eight (8) applications, four (4) for fa9ade and four (4) for signage. At the start of 2007, there was a total of $51, in the budget from the original amount of $90, Upon the completion of the approved applications for 2007, a total of $34, will be distributed and there will be remaining $17, in the budget. At the end of 2007, two applications had not been paid out, one for Fa9ade application FIS (Pelican Bay) and Fa9ade application FIS (RCC Holdings Inc.). In 2008, the program continued with applications being handed out to people who inquired, however, no applications were received or processed in It is proposed that the program continue for Accessibility Advisory Committee The Development Services Department also administers and assists in the organization and functioning of the Accessibility Advisory Committee, which is a committee mandated by Provincial regulation under the Accessibility for Ontarians with Disabilities Act (AODA). The Accessibility Advisory Committee held twelve (12) regular meetings in 2008, with various other special meetings held to facilitate event planning. Committee members were remunerated a total of $400.00, based on $20.00 per meeting paid only to committee members with a disability. Staff attendance of the Accessibility Advisory Committee meetings were twelve (12) meetings attended by Dorothy Anne Leavens, Secretary-Treasurer for the Committee. Other staff attendance included Randy Gardner, Tom Hookings and Kim Horrigan. The MC meets to assist Council by reviewing plans, making comment and recommendations in the promotion of equal opportunity, independence and barrier free access for persons with disabilities. Legislation for Accessibility Standards for Customer Service came into force on January 1, As a provider of goods and services, our Municipality is required to comply with this regulation. Staff have and will continue to attend training sessions to gather the necessary information to ensure our Municipality makes a smooth transition where necessary to meet the requirements of this new regulation. The regulation relates to providing accessible customer service to people with various kinds of disabilities, and how this can be done. We are in the early stages of this process, and will ensure Committee and Council are provided regular updates as to the process and requirements through information to be provided. This new regulation will involve customer service training for Council and staff in the coming months. To bring awareness to Accessibility" a partnership was formed with the Rotary Club of Bracebridge. An Event was organized for August 8 h, 2008 to promote barrier free access and Polio Plus awareness by providing the opportunity for invited Guests, including His Honour David Onley, Lieutenant Governor of Ontario accompanied by Mrs. Ruth Ann Onley, Mayor Don Coates; Tony Clement, M.P., Norm Miller, M.P.P, Graeme Murray, World Champion Sledge Hockey Player and Angela LeMaitre, Rotarian for Polio Plus to speak about their experience and commitment in these important areas.

34 flsixi?r\ f The Hearl o{ Muskoka Staff Report DS Page: 13 Development Services Committee File #: On October 15, 2008, report DS was presented to Development Services Committee for the Joint Standards for site plans and facility accessibility design of municipal facilities. This report was accepted to receive the City of London's 2007 Facility Accessibility Design Standards, that in accordance with the proposal of the Accessibility Advisory Committees in the Towns of Huntsville, Gravenhurst and Bracebridge and representatives from the Townships of Muskoka Lakes and Lake of Bays, the City of London's Design Standards be used as the basis for a community consultation process to be undertaken by staff related to the development of a Muskoka-wide "Universal Design Guideline" for application to all municipally-owned, leased or operated facilities and staff report back to Development Services Committee with recommendations regarding implementation of a Muskoka-wide "Universal Design Guideline" for all new andlor renovated facilities in the District of Muskoka owned, leased or operated by the District or the lower-tier municipalities after completion of the community consultation process. This was ratified by Council on October 22,2008 by resolution 08-TC-193. In addition, as required under Legislation, an Accessibility Plan was produced which highlights the history of initiative to identify, remove and prevent barriers in the Town of Bracebridge. This was presented and approved by Development Services Committee on November 5, 2008 and ratified by Council on November 12, 2008 by resolution 08-TC-209. Staffing During the year of 2008, there were changes in staffing in the Development Services Department. Randy Gardner, CBO, retired after 25 years of service with the Town of Bracebridge, and was replaced by Tom Hookings being promoted to the position of Chief Building Official. Andy Jones was hired as the Deputy Building Official, while Darren Donnelly was hired as an Assistant Building Inspector. Kim Horrigan was promoted to the Director of Development Services, and Dana Rahkola returned in the position of Assistant Director of Development Services, Policy Planning. Planning Projects Proposed for 2009 Development Charges By-law - Our existing Development Charges By-law expires in June of 2009, and staff are reviewing our existing by-law in conjunction with Hemson, the consultant retained to aid in this process. It is anticipated this process will be complete by May Official Plan Update - This will include ensuring all provisions of the new Planning Act are incorporated into our Official Plan. Consideration may also be given to including Rural and Waterfront policies as part of our Official Plan. It is also important that the finalization of the environmental policies be completed. In addition, as with the zoning by-law, after use and implementation of the Official Plan, there are some areas that may require update and or amendment. Sign By-law - An early draft of this by-law has been prepared and is being reviewed by staff prior to presentation to a Public Meeting. Subdivision Process & Agreement Review - Staff in conjunction with the Public Works Department will be initiating a review and update of the subdivision process and agreement requirements. Site Plan Application & Agreement Review - Staff in conjunction with the Public Works Department have initiated a review and update of the site plan application process and agreement requirements, which will be present in early Tent & Trailer By-law - The review and update of this by-law is proposed to begin this year given the age of the existing by-law. Site Alteration By-law - The site alteration by-law is generally in its final state, and will be presented formally to the Development Services Committee and Council in January 2009.

35 f'l's1x12d The Heart of '''luskoke Staff Report DS Page: 14 Development Services Committee File #: Accessibility Standards Training, policy development & ongoing commitment to AAC Comprehensive review and update of GIS program, service delivery, fees etc Transportation planning (SmartCentres, road connection and sidewalks) with PW Downtown Master/Development Plan & any studies that may flow from this study Policy Development re: Communication Towers Fees Review fees If you have any questions, or require further clarification on any of these items contained within this report, please do not hesitate to contact the undersigned. Respectivted' Kn'M.E.s. Director Development Services Department

36 ctsjxi2r\ BRACEBRlDGE The Hearl of,'vtusko!w. Staff Report Development Services Committee Page: 1 File#: TO: FROM: SUBJECT: Councillor Lori-Lynn Giaschi-Pacini, Chair, and Members of the Development Services Committee Dana Rahkola, B.A., MCIP, RPP, Assistant Director, Development Services Department Draft Site Alteration By-law RECOMMENDATIONS 1. That the draft Site Alteration By-law, in the form set out in Appendix 'A" to staff report DS011-09, be approved. 2. That By-law # , a by-law to establish and require payment of various fees and charges, be amended to incorporate new Site Alteration application fees, as follows: 2.1. New Permit on property greater than 0.5 hectares (1.24 acres) in area shall be calculated as follows: Application Fee: $250 per property + $100 per hectare ($40.50 per acre); and Environmental Protection Fee (Security): 100% of the estimated value of the works. 2.2 Renewal or Transfer of an existing Permit using a previously approved Control Plan, the fees shall be: Renewal or Transfer of Site Alteration Permit Application Fee: For an application received at least 30 days prior to the expiry of the existing Permit: $ Renewal or Transfer of Site Alteration Permit Application Fee: For an application received less than 30 days prior to the expiry of the existing Permit: $ Environmental Protection Fee (Security): This security fee is the fee that would be payable for a new Permit, less any amount still held by the Town, on account, of the environmental protection fee security for the existing Permit. As such, the securities determined for the existing Permit will be carried over to the renewal or transfer of a Permit and may be reviewed and adjusted accordingly. 3. That staff in the Development Services Department undertake a review of the Site Alteration Bylaw and report back to the Development Services Committee by December 31, ORIGIN 4. Recent incidents of the clear cutting of trees in the urban area of Town in advance of Planning Act, 1990 approvals being in place solidified the expressed desires of the public to have Council consider the passage a tree cutting by-law as well as an accompanying site alteration by-law to prohibit or regulate tree cutting and site alteration in the municipality. Council subsequently passed the Tree Cutting By-law on December 22, 2008 as By-law # This Staff Report is recommending a site alteration by-law for the Town.

37 itslxl2d BRACEBRlDGE The Hea.rl of Muskokil Staff Report Development Services Committee Page: 2 File#: 5. The District Municipality of Muskoka passed Official Plan Amendment No. 32, Lake System Health, in Lake System Health is a comprehensive program to protect water resources in the District. As part of the program, the District's Official Plan amendment requires that local area municipalities in Muskoka implement tree cutting and site alteration by-laws in an effort to protect our water resources and environment. The District's long-term objective with its program is to continue to protect this key asset because water resources are critical to the District and the Town of Bracebridge's economy and lifestyle. 6. In response to the above, on September 6, 2007 Council met and received information from staff regarding draft proposals for a tree cutting by-law and site alteration by-law and adopted the following motions: 07-TC TC-054 "That the August 30, 2007 staff report from the Acting Director of Development Services and the Municipal Engineer regarding the draft Tree Conservation bylaw be received for information purposes." "That the August 30, 2007 staff report from the Acting Director of Development Services and the Municipal Engineer regarding the draft Site Alteration By-law be received for information purposes." 7. Subsequent to the September 6, 2007 directive from Council, staff began to prepare for consultation sessions with the public and stakeholders to present both draft by-laws and receive their comments and feedback. It was at about that time that the District made it known to Bracebridge Council and its staff that the District also had municipal authority with respect to tree cutting and site alteration matters and that the District also wanted to utilize the Municipal Act, 2001 to update its existing tree cutting by-law, passed in Town and District staff confirmed that both upper and lower tier municipalities had jurisdiction under the Municipal Act, 2001 for tree cutting by-laws and site alteration by-laws. 9. District staff advised that it's current tree-cutting by-law was passed under the Forestry Act, 1990 and staff felt the by-law lacked certain controls that are now available to municipalities under the authority of the Municipal Act, So, since September 2007, Muskoka staff received direction from its Planning and Economic Development Committee and Council to review and, eventually repeal, the Good Forestry Practices By-law # and bring Committee a contemporary tree cutting by-law in accordance with the authorities expressed in the Municipal Act, 2001; to reduce the area to which the District-wide by-law applies; to increase the minimum tree diameter limits; and to incorporate a permit system the District necessitating delays in the implementation of the Town's tree cutting by-law and site alteration by-law. 10. In a memorandum dated October 31, 2007, the Chief Administrative Officer of the Town advised Town Council of these matters and of the subsequent unavoidable delay in bringing the revised draft of the Town's tree cutting by-law and associated site alteration by-law back to Development Services Committee for its consideration.

38 t1:;ixi?r\ $ BRACEBRlDGE 7n.e Hear[ of Muslroka Staff Report Development Services Committee Page: 3 File #: ANALYSIS 1,1. In the spring of 2008, lower tier municipalities in Muskoka received a copy of the draft District tree cutting by-law and, on May 28, 2008, Town staff received the companion "model area by-law" from District legal counsel. The "model area by-law" offered a framework and common components in the by-law for consideration by the Town in the re-writing of its draft 2007 tree cutting by-law. The companion area tree cutting by-law would work in harmony with the proposed District and other lower tier municipalities' tree cutting by-laws and their associated permitting systems. 12. Upon receipt of the District's June 2008 draft by-law, Town staff re-worked the Town's draft tree cutting by-law and presented a revised draft along with a draft of the Site Alteration By-law to Bracebridge Council in July 2008 where it was received and staff was directed to proceed with public consultation. 13. In August 2008, the Town hosted a Focus Group meeting of invited arboricultural specialists and experts, as well as interested members of the public with expertise in the field and received comment and feedback on the July 2008 draft by-law. 14. Then, in October 2008, an advertised Public Consultation Session was held in the Town's municipal offices inviting the general public to attend a public meeting and provide any comment or feedback that they may have had on the July 2008 draft tree cutting and site alteration by-laws. 15. Upon receipt by Council, the July 2008 draft tree-cutting by-law and site alteration by-law was available for review at the Town's Municipal Offices as well as on-line through the Town's web site. Numerous inquiries and comments were also received, and documented, by , phone, fax or personal attendance at the Town's offices on one or both draft by-laws. 16. The culmination of the suggestions and comments of the two public input opportunities and online posting of the draft is seen in the draft November 2008 tree cutting by-law and draft November 2008 site alteration by-law which were presented at a third Public Meeting on November 17, 2008 along with a Memorandum outlining the tree cutting by-law and site alteration by-law with an accompanying Table of Concordance. 17. The Table of Concordance indicated the specific sections of the July 2008 draft by-law that were commented upon and the corresponding staff recommendation that is found in the November 2008 draft tree cutting by-law and site alteration by-law. 18. Additional comments and feedback from the Committee and the public were received at the November 17, 2008 Public Meeting of a special meeting of the Development Services Committee and additional information was provided to Committee in a staff report dated December 17, Once again, a Table of Concordance on both the tree cutting by-law and site alteration by-law, along with the minutes from the public meeting on November 17, 2008, were provided. 19. Appendix "B", the Comparison Table of Various Site Alteration By-laws, can be summarized as follows: Ten (10) site alteration by-laws were reviewed, all of which were lower-tier municipalities Of the Ten (10) site alteration by-laws reviewed, three (3) municipalities were located north of Highway # 7 - namely, the City of Barrie; the Township of Muskoka Lakes; and the Township of Seguin.

39 I1$IXl2r\ The Hea.rt of Mw;koka Staff Report Development Services Committee Page: 4 File#: Nine (9) of the ten (10) site alteration by-laws imposed permit fees of various forms. Some of the by-laws had a set fee per property/application. Others had a fee per hectare/acre based on area, while others charged lower fees for small properties and higher fees for larger holdings. Three (3) municipalities took securities of varying values as Environmental Protection Fee Securities (refundable). The lowest permit fee was $100 in Niagara Falls and the highest fee was in Barrie who charged $500 per hectare ($202/ac.) and a refundable Environmental Protection Security Fee. Given the aforementioned permit fee structures that vary from Town to Town, it is difficult to simply provide an average of the ten (10) municipalities' fees. The fees recommend by Staff in this report are felt to be on middle ground. Staff are also recommending the refundable security for the Site Alteration proposed based on 100% of the cost of the required Control Plan, similar to the 100% securities taken in subdivision agreements, etc. which is critical to ensure compliance on these important environmental matters Nine (9) of the ten (10) site alteration by-laws required permits for the site alteration. The Township of Seguin recently passed a site alteration by-law in A permit is not required so long as the property owner meets the provisions of the by-law. If an owner or their agent wants relief from the by-law, they must submit a written request to the Clerk identifying the nature and extent of the relief requested that will be submitted to Council. Council, in deciding whether to grant relief, may ask the owner to provide additional information and Council may impose such conditions it deems appropriate. In your staff's opinion, Seguin Township's site alteration by-law requirement to request the consideration of Council to relieve the owner of certain provisions in the by-law is tantamount to a permitting system, albeit without the administrative benefits associated with Council's delegation to staff to administer the site alteration by-law All ten (10) municipalities have various exemptions written into their site alteration bylaws. The by-laws written after the Municipal Act, 2001 came into effect would be mandated to have the eight statutory provincial exemptions (i.e. acts of municipalities; crown lands; surveyors' activities; pits and quarries; etc.). The ten (10) municipalities reviewed have varying exemptions in their by-laws and staff is recommending additional exemptions as noted in the Table of Concordance (Appendix "C") Lands affected by the site alteration by-laws ranged from the entire geographic area of the municipality, which were the majority, to site specific lands within the municipality that are cited in the site alteration by-law such as the Township of Seguin and the Township of Muskoka Lakes. To meet the Lake Health System O.PA No. 32, Bracebridge is recommending the entire geographic area of the Town be subject to the by-law. 19. Appendix "C", Table of Concordance, illustrates the changes made to the draft site alteration bylaw received in November 2008 and the current draft site alteration by-law, Appendix "A", drafted in January 2009 and the subject of this report. The staff recommendations for amendments to the previous draft are relatively few and self-explanatory, as described within the Table of Concordance, Appendix "C". OVERVIEW OF BY-LAW 20. The draft site alteration by-law (see Appendix "A" attached) will apply to the entire geographic area of the Town.