PLANNING AND DEVELOPMENT COMMITTEE AGENDA Wednesday October 25, :00 p.m. Town Council Chambers Page 1

Transcription

1 PLANNING AND DEVELOPMENT 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 D14-14/17 Leonard and Audrey Golding 4. DELEGATIONS AND PRESENTATIONS Nil. 5. MINUTES FROM ADVISORY COMMITTEES 5.1. Accessibility Advisory Committee Minutes October 10, NEW BUSINESS That the minutes from the Accessibility Advisory Committee Meeting of October 10, 2017 be received Rezoning Application D14-14/17 Leonard and Audrey Golding (PD052-17) That the property described as Part of Lot 26, Concession 6, Oakley Ward of the Town of Bracebridge be rezoned from Rural (RU) to Rural Residential Special - 28 (RR-28) as attached in Appendix A to Staff Report PD Canyon Court Business Park Update (PD053-17) That Staff Report PD outlining the current development status of the Canyon Court Business Park be received for information purposes Delegated Authority Special Events (PD054-17) 7. ONGOING BUSINESS 1. That the Director of Planning and Development, in consultation with the Director of Corporate Services/Clerk and the Manager of Economic Development, be granted the authority to approve agreements that pertain to the production of special events coordinated and organized by a department within the corporation of the Town of Bracebridge or other special events for which the Town is specifically identified as a sponsoring partner. 2. That the Mayor and Director of Corporate Services/Clerk be authorized to execute agreements approved under the delegated authority granted to the Director of Planning and Development Health and Safety Update 8. CORRESPONDENCE Nil. 1

2 PLANNING AND DEVELOPMENT COMMITTEE AGENDA Wednesday 7:00 p.m. Town Council Chambers Page 2 9. CLOSED SESSION Nil. 10. RESOLUTIONS ARISING FROM CLOSED SESSION 11. ADJOURNMENT That Committee adjourn until the next regular meeting or any special meeting called by the Chair. This meeting will be Webcast and Audio and Video recorded. A copy of this agenda is available in alternative formats upon request. For your convenience, assistive listening devices are available from staff in the Council Chambers. 2

3 ACCESSIBILITY ADVISORY COMMITTEE MINUTES Tuesday, October 10, :00 p.m. Council Chambers Page 1 1. CALL TO ORDER Committee Chair Councillor S. Clement called the meeting to order at 2:07 p.m. and the following were recorded as being present: Committee Members: Regrets: Staff: Councillor, S. Clement (Chair) R. Fudge D. Lloyd M. Young Councillor, A. Buie J. Caughey Director of Planning and Development, C. Kelley Economic Development Programmer, J. Harris 2. DECLARATIONS OF PECUNIARY INTEREST Nil. 3. DELEGATIONS AND PRESENTATIONS Nil. 4. NEW BUSINESS The Committee reviewed the webinar entitled Design for Public Spaces. A copy of the slides are included in Appendix A. C. Kelley indicated that she shared the webinar link with members of the Management Team. Committee requested that staff contact the webinar presenter to suggest closed captioning be added. 5. ONGOING BUSINESS 5.1 David C. Onley Leadership Award Submission A variety of local organizations/individuals will be approached to request letters of support for the nomination of Don and Joyce MacKay. Included were: Lions Club Foundation, Bracebridge Muskoka Lakes Rotary Club, Bracebridge Lions Club, and R. Fudge Kirby s Beach Park Upgrades R. Fudge indicated that the grade approaching the new accessible washrooms was adequate, but that better signage needs to be installed at the base of the pathway to identify which path accesses the accessible washroom. Also noted was that the soap dispenser was not working, or was empty, and the paper towel dispenser did not work correctly. He also suggested more regular maintenance of the mobi mat during the summer months as it was overblown with sand. C. Kelley indicated that Public Works was planning to budget for paving the pathway to the washrooms to eliminate rutting caused by run off. They also hope to make improvements to the overflow parking lot. 3

4 ACCESSIBILITY ADVISORY COMMITTEE MINUTES Tuesday, October 10, :00 p.m. Council Chambers Page Bracebridge Fall Fair Committee members agreed that the location of this year s booth was not ideal and that while attendance to the fair was great, people typically don t come to the fair to learn about accessibility. It was suggested that maybe the Committee could participate next year by assisting with directing people to accessible parking spaces and educate the public about the importance of having accessible parking spaces. Hammond Transportation reported that only 10 people visited the transit bus on Sunday while it was on display and they did not feel it was an effective place to promote transit ridership. No decision was made regarding participation in future fairs, but it was suggested that if the Committee chose not to participate, then it might make sense to schedule regular speaking engagements at local service club meetings to continue to educate and advocate for accessibility improvements. 5.4 Transit Committee Update The next meeting is scheduled for October 23 at 3:00 pm. 5.5 Report from District of Muskoka Accessibility Committee Representative The next meeting of this Committee is not scheduled until November 20 th Roundtable Discussions Items for Future Meetings C. Kelley indicated that staff from the District Municipality of Muskoka would be making a presentation at the next General Committee meeting, asking for a recommendation from the Town regarding Santa s Village Road improvements. S. Clement indicated that it appears that a 1.5 meter paved shoulder is the minimum change that will be recommended. Guard rails and rumble strips are still being considered. C. Kelley indicated that staff would be ready to chat about shopping centre parking spaces and curb cuts at the next meeting. C. Kelley indicated that she had discussed accessibility concerns at the Three Amigos Dog Park with the Directors of Recreation and Public Works. Recreation staff indicated that they would welcome recommendations on how to improve accessibility from this Committee. A site visit will be scheduled in the next couple of weeks for the Committee to come together to develop these recommendations. With regards to the presence of fleas and ticks at the park, the Director of Recreation indicated that the grass will be cut and all litter picked up to reduce the spread of these pests. It was expected that conscientious pet owners would take responsibility by treating their own pets for these insects. 4

5 ACCESSIBILITY ADVISORY COMMITTEE MINUTES Tuesday, October 10, :00 p.m. Council Chambers Page 3 6. CORRESPONDENCE S. Clement indicated that a letter of appreciation acknowledging the work the Agricultural Society has done to date to improve accessibility at the fairgrounds has been sent. Clement also indicated that he and A. Buie would follow up with District of Muskoka staff regarding upcoming audible traffic installations in the Town of Bracebridge. D. Lloyd confirmed that she has asked that Audible Traffic Signals installations be added to the next District of Muskoka Accessibility Committee meeting. M. Young shared an article from the Toronto Star that featured a condo designer in Toronto who was incorporating accessibility improvements in his buildings that were over and above the current building code. 6.1 Accessibility Advisory Committee Minutes September 11, CLOSED SESSION Nil. 8. RESOLUTIONS ARISING FROM CLOSED SESSION Nil. 9. ADJOURNMENT 17-AA-015 Moved by: Seconded by: D. Lloyd R. Fudge That Committee adjourn until the next regular meeting or any special meeting called by the Chair. The meeting adjourned at 3:27 p.m. A copy of this document in alternative formats is available upon request. CARRIED 5

6 ACCESSIBILITY ADVISORY COMMITTEE MINUTES Tuesday, October 10, :00 p.m. Council Chambers Page 4 APPENDIX A 6

7 Agenda Accessibility for Ontarians with Disabilities Act (AODA): Understanding the Design of Public Spaces Standard (DOPS) 1. Welcome & housekeeping 2. DOPS overview including: I. Compliance timelines II. Design specifications III. Consultation requirements 3. Helpful resources 4. Q&A August 15, Compliance with DOPS: Who and When Organization Type Compliance Date Large public sector (50+ employees) January 1, 2016 Small public sector (1-49 employees) January 1, 2016 Large businesses and non-profit organizations (50+ employees) January 1, 2017 Small businesses and non-profit organizations (1-49 employees) January 1, 2018 Myth: Everyone has to renovate their building The AODA does not apply to a building s physical structure. The Ontario Building Code was amended to enhance accessibility requirements. The effective date of the amendment was January 1, Ontario s Building Code is administered by the Ministry of Municipal Affairs:

8 Accessible parking Exterior paths of travel Accessibility Standard for the Design of Public Spaces Areas covered Service-related elements Outdoor public-use eating areas Go-Forward Nature You DO NOT have to retrofit. DOPS applies to new public spaces or major changes to existing public spaces Maintenance Recreational trails and beach access routes Outdoor play spaces 5 6 Recreational trails Outdoor play spaces Consultation Lease Holders Applies to the organization that has authority or approval to build or make planned significant alterations to the public space Rest areas on exterior paths of travel On-street accessible parking (Public Sector) 7 8 8

9 What does Redevelopment Mean? Redevelopment means any significant planned changes to a public space. Accessible Parking Definition: On-street parking (Public Sector organizations) includes parking spaces located on a highway, street, avenue, parkway, bridge or similar type of road. Off-street parking includes open area parking lots and structures intended for the temporary parking of vehicles by the public, and includes visitor parking in these lots/structures Exterior Paths of Travel Service-related elements Accessible fixed queuing guides Sidewalks and walkways that link us between places to work, travel, shop and play Includes requirements for: Ramps Stairs Curb ramps Depressed curbs Accessible pedestrian signals Accessible service counters Rest areas Accessible waiting areas

10 Outdoor Public Use Eating Areas Maintenance People with disabilities will be able to use accessible tables in a variety of public spaces, such as: Hospitals University campuses Parks Requirements address: Document routine maintenance procedures for accessibility features, such as: stairs sidewalks trails Number of tables Design of eating areas Surface area Recreational trails Design of Public Spaces regulates recreational trails and beach access routes Public pedestrian trails intended for recreational and leisure purposes Beach Access Routes For pedestrian use Provide access to public beaches from: off-street parking facilities recreational trails exterior paths of travel amenities Beach access routes can be permanent or temporary

11 Outdoor Play Spaces More integrated play experiences for children and caregivers. DOPS Resources GAATES Illustrated Technical Guide to the Accessibility Standard for the Design of Public Spaces Design guidebook for the recreation and parks sector DOPS: Policy Guidelines Consultation Guides Step by step guidance on: designing accessible public engagement processes Available HERE organizing and running meetings of all sizes that are accessible to all participants

12 Contact Us How did we do? ontario.ca\accessibility Toll-Free: TTY: / Take the evaluation survey: Facebook.com/ ONAccessibility AccessOntario accessibility@ontario.ca 22 12

13 Staff Report PD Page: 1 TO: FROM: SUBJECT: Councillor M. Quemby, Chair and Members of Planning and Development Committee M. Holmes, Manager of Planning Services A. Ghikadis, Senior Planner Rezoning Application D14-14/17 Leonard and Audrey Golding RECOMMENDATION 1. That the property described as Part of Lot 26, Concession 6, Oakley Ward of the Town of Bracebridge be rezoned from Rural (RU) to Rural Residential Special - 28 (RR-28) as attached in Appendix A to Staff Report PD ORIGIN 2. An application for a zoning amendment has been received from Planscape Inc. as agent for Leonard and Audrey Golding, the owners of property located at 1024 Conway Crescent and legally described as Part of Lots 26 and 27, Concession 6 and 7, Oakley Ward of the Town of Bracebridge. 3. The zoning amendment application is required as a condition of approval for severance application D10-10/17. Conditional severance approval was granted in September of 2017 for the creation of one lot located at the corner of Oakley Crescent and Caribou Road. One of the conditions of severance is that a rezoning application be approved to address zoning on the severed lands. 4. A map showing the location of the subject lands is attached as Appendix B. 5. An aerial photograph of the subject lands is attached as Appendix C. 6. The severed parcel, which is subject to the zoning amendment, is vacant with approximately 2.6 hectares (6.5 acres), approximately 268 metres (881 feet) of frontage on Caribou Road and 84 metres (277 feet) of frontage on Oakley Crescent. 7. The retained parcel is approximately 30 hectares (75 acres) with approximately 295 metres (968 feet) of frontage on Conway Crescent and 77 metres (254 feet) of frontage on Fox Point Road. The zoning of the retained lands will not change as a result of this zoning amendment application. 8. The severed parcel is fairly flat at the road and suitable building and septic sites appear to exist. According to District of Muskoka Natural Constraint website mapping, a slope of 20-40% bisects the property in a north-south direction. 9. Surrounding properties contain permanent and seasonal dwellings with accessory structures. There is also some vacant land. Surrounding Rural Residential lots on Oakley Crescent and Caribou Road average in size to be just over 0.8 hectares (2 acres). 10. A map showing the current surrounding zoning can be found in Appendix D. 13

14 Staff Report PD Page: 2 ANALYSIS 11. The following table provides a summary of the Official Plan designation and zoning of the property and the action requested or required to be taken: Policy/Regulation Current Status Requested/Required Zoning By-law Rural (RU) To rezone the severed parcel to Rural Residential Special - 28 (RR-28). Town Official Plan Designated Rural Area Countryside Conforms no action required Muskoka Official Plan Designated Rural Conforms no action required 12. The severed parcel is currently zoned Rural (RU) according to Comprehensive Zoning By-law , which permits the following uses: Agricultural Uses; Bed and Breakfast; Boarding Kennels; Detached Dwelling; Second Dwelling Unit; Forestry Operations; Group Home A; Backyard Hens; Hobby Farm; Home Industry; Home Occupation; Hunt Camp; Market Garden; Reforestation Activities/Tree Nursery; Veterinary Clinic and Woodland Retreat. 13. The proposed zoning by-law would amend Comprehensive Zoning By-law by rezoning the severed parcel from Rural (RU) to Rural Residential Special - 28 (RR-28). 14. The Rural Residential Special - 28 (RR-28) zone would permit all uses in the Rural Residential (RR) zone as follows: Detached Dwelling; Second Dwelling Unit; Group Home A ; Bed & Breakfast; Backyard Hens; Home Occupation; Home Industry and Hobby Farm, and, include an additional provision to recognize the lot frontage. 15. Under the Comprehensive Zoning By-law, the Rural Residential (RR) zone requires a minimum lot frontage of 90 metres (295 feet) and a minimum lot area of 2.0 hectares (4.9 acres). 16. The proposed severed lot is a corner lot with frontage on both Oakley Crescent and Caribou Road. By definition, the shorter frontage (Oakley Crescent) is the front lot line, even though there is an existing entrance from Caribou Road. The frontage on Oakley Crescent is approximately 84 metres (275 feet) and must therefore be recognized. 17. The zoning of the remainder of the property (retained lot) will not change as a result of this application. 18. There are no environmental features or constraints identified for the property on the Town of Bracebridge s Official Plan Appendix A Environmental Features and Constraints Mapping. In reviewing the District of Muskoka Constraint Web Mapping, a slope of 20-40% bisects the severed parcel property in a north-south direction. 19. The subject lands are located within the Rural Area Countryside Designation in the Town of Bracebridge Official Plan. 14

15 Staff Report PD Page: Under the Land Use Concept in Section A3.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: In Section A3.3, the Rural Area designation includes lands outside of the Urban Centre, Waterfront Area and Muskoka Falls Community designations. The Rural Area designation contains expansive undeveloped areas which provide opportunities for space extensive resource, recreational uses, small scale commercial and industrial uses and low density residential development. Many significant natural, environmentally sensitive and wildlife habitat areas exist within this designation. 21. Under the Principles in Section A6.0 of the Town of Bracebridge Official Plan, the following principles would be relevant to the application: In Section A6.2.2, Bracebridge has historically been a community with urban, rural, and waterfront development areas that cater to people who wish to live in a small community or in a rural or waterfront environment. This trend will be supported to satisfy the lifestyle demands of a wide variety of individuals, however to ensure efficient and cost effective use of municipal services there will be an emphasis on directing growth to the Urban Centre; In Section A6.3.1, permanent residential and Employment Area growth will generally be directed to the Urban Centre on full municipal services. Limited development in the Waterfront, Rural Areas and Muskoka Falls Community designations will be permitted that maintains the character of those areas of the Town; and In Section A6.3.5, the Rural Area will continue to support a mix of natural areas, resource production opportunities, low density residential uses, small scale commercial, industrial and community facility or space extensive uses that are compatible with the rural land uses and by their nature are required to be located in the Rural Area. 22. Under the Goals and Objectives in Section A7.0 of the Town of Bracebridge Official Plan, the following goals and objectives would be relevant to the application: In Section A , it is an objective to allow a limited amount of permanent residential and Employment Area growth in the Muskoka Falls Community and the Rural Area that maintains the character of the area; In Section A , it is the goal of this Plan to protect and maintain the character of the Rural Area; In Section A , it is an objective to permit development that would not negatively impact natural areas in the Rural Area; and In Section A , it is an objective to limit development that would adversely impact existing rural land uses. 23. Under the General Development Policies in Section B of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: In Section B9.4.1, development shall be limited on steep slopes, or areas of erosion; In Section B9.4.2, development should be setback at least 15 metres from the top of a defined bank. A greater or lesser setback from the top of the bank may be permitted where recommended in a site evaluation or a technical report; 15

16 Staff Report PD Page: In Section B9.4.3, the implementing Zoning By-law may contain setback requirements for buildings and structures from the top of steep slopes; and In Section B9.4.4, where development is proposed on slopes over 20%, vegetation must be substantially retained on slopes, before and after construction, particularly those adjacent to a shoreline, ridgeline, in areas where there is minimal soil or areas of unstable soils or potential erosion. Where vegetation cannot be substantially retained, a Site Evaluation Report shall be required. 24. Under the Rural Area policies in Section E1.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: In Section E1.1.1, the Rural Area designation consists of all lands in the Town that are not in the Urban Centre, Waterfront Area or Muskoka Falls Community designations; and In Section E1.1.2, the Rural Area designation contains expansive undeveloped areas which provide opportunities for space extensive resource, recreational use, small scale commercial and industrial uses and low density residential development. The rural areas are characterized by large lots, low density well separated development patterns and modest infrastructure. Remnants of the historic settlement pattern including clusters of houses and small scale schools and places of worship may still be seen in the rural area. Together these elements define the rural character of Bracebridge. 25. Under the Rural Area Countryside Designation policies in Section E2.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: In Section E2.1.1, the purpose of the Rural Area Countryside designation is to permit development that recognizes the rural character of the Town and has minimal negative impacts on the natural environment; In Section E2.2.1, to ensure that development is sustainable and has minimal negative impacts on the existing environment; In Section E2.2.2, to encourage the preservation of existing agricultural lands and promote agricultural activities; In Section E2.2.3, to minimize the impacts of new development on existing agricultural, forestry and aggregate operations and their ability to expand; In Section E.2.3.2, permitted uses in the Rural Area Countryside designation include traditional resource based uses such as forestry, agriculture, and small scale (Class B) pits and accessory uses. Limited low density residential development, bed and breakfast establishments, and home businesses shall also be permitted. Small scale community facilities, rural industrial and commercial uses, recreational camps, wilderness tourist facilities and hunt camps shall also be permitted subject to the policies of this plan; and In Section E2.4.1, limited residential uses, small scale industrial, commercial and community facility and space extensive development, which by their nature are required to be located in the Rural Area Countryside designation, may be permitted that is in conformity with this Plan by protecting and maintaining the natural environment and the character of the Town. 16

17 Staff Report PD Page: In Section E.2.4.9, development may occur through the development of existing vacant building lots, and through limited rural lot creation subject to the following: the new lot conforms to the Subdivision of Land policies of this Plan; the severed and retained lots shall have a minimum frontage of 90 metres and a minimum area of 2.0 hectares; additional lot frontage may be required to meet minimum frontage standards of Muskoka Roads or Provincial Highways; the new lot line does not divide a natural feature including a stream or wetland and is situated an appropriate distance from such natural features; and the new lots shall have frontage on a year round municipally maintained road In Section A8.0, where this Plan indicates specific numerical figures, minor variations from those numerical requirements in this Plan may be permitted without an Official Plan amendment, provided the principles and intent of the Plan are maintained. 26. The District of Muskoka Official Plan designates the subject properties as Rural. Low density development is a permitted use and rural lots should be of sufficient size to accommodate the use proposed, related structural requirements and private individual services. Rural lots should be sized and designed to facilitate resource management practices or other environmental constraints. Rural residential development is to consist of single unit dwellings and accessory buildings on individual lots in proximity to existing rural residential uses to create a sense of community in areas that do not preclude the use of resources and in areas that do not have a significant detrimental effect on natural systems. 27. The Provincial Policy Statement (PPS) recognizes that rural areas are important to the economic success of the Province and our quality of life. Section of the PPS confirms that permitted uses on rural lands include limited residential development and notes that development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 28. It is staff s opinion that the zoning amendment conforms to the Official Plan of the Town of Bracebridge, conforms to the Official Plan of the District of Muskoka, is consistent with the Provincial Policy Statement, is appropriate and represents good planning. 29. Comments from other Town Departments and outside agencies are as follows: Department/Agency Comment Chief Building Official No concerns with the application Public Works Department No concerns with the application Fire Chief No concerns with the application Manager of Economic Development No concerns with the application District of Muskoka No concerns with the application. 17

18 Staff Report PD Page: 6 Department/Agency Comment Lakeland Power No concerns with the application Other Agencies No comments have been received from Canada Post, Hydro One, Union Gas, the Ministry of Municipal Affairs and Housing, Ministry of Transportation, Infrastructure Ontario, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, Bell Canada, CN Rail, TransCanada Pipeline Ltd. or MPAC. 30. Staff are recommending approval of the zoning amendment application for the following reasons: The proposed zoning amendment will allow the creation of one new lot in the rural area for residential purposes and low density residential development is permitted within the Rural Area Countryside Designation in the Town s Official Plan; The proposed zoning amendment will facilitate the creation of a rural residential lot that is in character with the area and exceeds the average lot size for the area; The proposed lot is suitable for rural residential development; and The total road frontage is much greater that the frontage required for a new lot in the Rural Area Countryside Designation and the exception for lot frontage in this application is only required as a result of the corner lot definition in the Comprehensive Zoning Bylaw. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 31. The zoning amendment is well aligned with the community-based strategic plan objectives: An Engaged, Healthy and Socially Sustainable Community 32. The zoning amendment is in keeping with the Community Based Strategic Plan as it will aid in creating an engaged, healthy and socially sustainable community by providing a diversified range of housing. LINKAGE TO COUNCIL PRIORITIES 33. The zoning amendment supports an Engaged, Healthy and Socially Sustainable Community which has been identified by Council as a priority area. The zoning amendment helps to support this priority by offering a diversified range of housing. ALTERNATIVE 34. The following alternative is available for Committee s consideration: Alternative #1 The Committee could decide that the zoning amendment application is not appropriate. This alternative is not recommended as the proposal conforms to the policies of the Town of Bracebridge Official Plan. 18

19 Staff Report PD Page: 7 EXISTING POLICY 35. Town of Bracebridge Official Plan, Town of Bracebridge Comprehensive Zoning By-law FINANCIAL IMPLICATIONS 37. Approval of the zoning amendment will facilitate building permit and development charge revenue for the Town in the future. COMMUNICATIONS 38. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. 39. Notice of the public meeting for the proposed zoning by-law amendment was sent on October 5th, 2017 by first class mail to the respective owners and assessed persons within 120 metres (400 feet) of the property and to the prescribed agencies in accordance with the regulations under the Planning Act. 40. The notice included the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. The notice was provided at least 20 days prior to this evening s meeting in accordance with the Planning Act. 41. A sign providing Notice of the Public Meeting was posted on the property on October 5 th, The sign was located to be clearly visible in accordance with the regulations under the Planning Act. The sign included information regarding the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. 42. If the zoning amendment is approved by Council on November 1 st, a Notice of Passing will be mailed within 15 days (by November 16 th ) by first class mail to anyone who requests notice and to the owner, agent and prescribed agencies in accordance with the regulations under the Planning Act. Within 20 days of the mailing of the Notice of Passing, the by-law can be appealed to the Ontario Municipal Board. Prepared By: Approved by: Approved for Submission to Planning and Development Committee By: M. Holmes Manager of Planning Services Ext. 258 A. Ghikadis MCIP, RPP Senior Planner Ext. 254 C. Kelley, MCIP, RPP, Director of Planning and Development Ext. 253 J. Sisson Chief Administrative Officer Ext

20 Staff Report PD Page: 8 APPENDIX A Draft By-law 20

21 Staff Report PD Page: 9 21

22 Staff Report PD Page: 10 APPENDIX B Location of Subject Property 22

23 Staff Report PD Page: 11 APPENDIX C Aerial Photography 23

24 Staff Report PD Page: 12 APPENDIX D Surrounding Zoning 24

25 Staff Report PD Page: 1 TO: FROM: SUBJECT: Councillor M. Quemby, Chair and Members of the Planning and Development Committee R. Mattice, Manager of Economic Development Canyon Court Business Park Update RECOMMENDATION 1. That Staff Report PD outlining the current development status of the Canyon Court Business Park be received for information purposes. ORIGIN 2. The availability of industrial land in Bracebridge is an issue that was identified a number of years ago. The Town s 2002 Economic Development Strategic Plan identified the need for more serviced industrial land in Bracebridge. The Town s Business Retention and Expansion Action Plan (2004) also identified the need for steps to be taken to increase the amount of available industrial land. More recently, the Town s Community-Based Strategic Plan and the Community Adjustment Plan have supported initiatives to increase the supply of serviced industrial land. 3. Discussions with Fowler Construction Company Limited regarding the construction of an industrial park began in early Fowler was approached by the Town to determine if and how they would consider developing an industrial park. It was through these discussions, that the concept of a partnership with Fowler was first developed. 4. Research conducted by staff in 2006 identified limited examples of business parks that were developed by way of a public-private partnership. The legal team engaged by the Town (Stikeman Elliott) at the time, presented this loan option under section 110 of the Municipal Act. This section of the Act would provide a municipality the ability to make agreements to ensure the development of needed infrastructure, i.e. a Municipal Capital Facility MCF. 5. At the direction of the Town, Stikeman Elliott also undertook additional background research that included contact with the Ministry of Municipal Affairs and Housing to ensure that the concept of servicing an industrial park was an appropriate application of MCF legislation. 6. On August 26, 2006 Town Council adopted a resolution authorizing an agreement with Fowler Construction Company Limited for the development of the Canyon Court Business Park under Section 110 of the Municipal Act based on the following principles and parameters: 6.1. The project would include the creation of 18 lots on approximately 64 acres of land; 6.2. Fowler would provide the land and soft costs (engineering, planning, etc.); 6.3. Town funds would assist with the construction of services for the new industrial park, primarily road and water/sewer infrastructure; 6.4. The Town and Fowler would work together to promote and market the site; 6.5. The Town s advance of funds would not exceed $2 million on an estimated servicing cost of $1.8 million; and 25

26 Staff Report PD Page: The Town expected that full recovery (including interest) on the Town s advance would be achieved through the sale of lots within a sunset timeframe of five (5) years. 7. On September 6, 2006, Town Council passed By-law authorizing the agreement with Fowler Construction Company Limited respecting the Canyon Court Business Park. 8. On June 27, 2007, the Mayor and Chief Administrative Officer signed a Letter of Commitment regarding the loan from the Town for the construction of services for the business park. It was specified in the Letter of Commitment that the term of the agreement was for the period ending July 1, In March 2009, the District of Muskoka granted the Draft Plan Approval to Fowler for Subdivision (S2007-9) for the Canyon Court Business Park. As well, the Town granted a re-zoning on the lands in February See Appendix A for the location of the Business Park. 10. As a result of a changed timeline, the original Letter of Commitment was updated in 2010 through resolution from General Committee on March 2, 2010 as follows: That the Letter of Commitment with Fowler Construction Company Limited for the construction of municipal services in the Canyon Court Business Park be updated in accordance with the details contained in Staff Report ED and the following parameters: Project: Term Ending: Loan Amount: Repayment Amount: Construction of various municipal capital facilities as defined by Ontario Regulation 46/94 pursuant to section 110 of the Municipal Act; July 1, 2016 (maximum); Maximum $2 Million; Loan amount plus all applicable interest and carrying charges; and Initial Advance: Maximum $200,000. That the final form and content of the Letter of Understanding and any other required documents be to the satisfaction of the Town s solicitor, the Municipal Treasurer and the Chief Administrative Officer. That By-law be repealed. 11. Town staff and District staff have worked closely with Fowler s planning consultants to finalize the Subdivision Agreement in accordance with the approvals provided by Town Council. 12. The Town has worked closely with Fowler and other organizations including Hydro One, Lakeland Power, the District of Muskoka and the Town s solicitors to explore ways to reduce the cost of development. Through staff s work with Fowler and with the assistance of all parties involved, the costs have been reduced from an estimated $3.5 million in 2010 to a current estimated cost of $2.8 million. Reductions have been found primarily in site servicing (i.e. a reduction in the number of lots) as well as through efficiencies with hydro servicing. 26

27 Staff Report PD Page: The Town s interests with respect to the provision of securities are sufficiently covered through the collateral mortgage and through the MCF certification process (an Engineer s verification) for the release of the loan funds to Fowler during construction. 14. The principles and parameters of the final agreement executed between the Town and Fowler are in accordance with the direction originally outlined in Full cost recovery (including both principal and interest) of the Town s advance will be achieved through either the sale of lots within the subdivision or through direct repayment by Fowler of any outstanding amount within a sunset period of five (5) years. The specific process for repayment of both principal and interest has been specified in the loan agreements consistent with Council s authorization, the Letter of Commitment and as determined by staff through consultation with Fowler and the Town s solicitor. 16. In late 2012, FedNor approved support for the subdivision works, specifically for the installation of the required turning lane from Ecclestone Drive to Kirkhill Drive. FedNor provided the Town a grant of $152,000 with the balance of the costs paid through a loan draw and ultimately to be repaid to the Town by Fowler as part of the subdivision development costs. These costs were valued in total of $455,000 with $152,000 coming from FedNor, which included works on or adjacent to Ecclestone Drive to install the turn lane including: Clearing; Utility relocation including water and sanitary service lines, hydro and gas lines; Re-ditching; Road bed construction/reconstruction; Placing of asphalt; Line Repainting; and Guard Rail Installation. 17. Fowler utilized the loan to finance the difference between the value of works at $455,000 and $152,000 from FedNor. 18. Again, as a result of delays, the Letter of Commitment was further updated in 2012 through resolution from General Committee. All terms and conditions remained unchanged in the Letter of Commitment except the end date which was extended to a term ending date of July 1, In January 2013, the Town of Bracebridge and Fowler Construction executed an amending agreement to amend and clarify the terms of the Commitment and, as necessary, the Loan Agreement to reflect changes in timing with respect to the registration and development of the proposed subdivision to which the Commitment and Loan Agreement relate. 20. Later in 2013, Fowler undertook works within the business park lands, primarily to relocate utilities along the new proposed road right-of-way/kirkhill Drive. This included movement and replacement of Hydro One services, Union Gas and Agilis (telecommunications). This work also opened up access to the rear lots on the property. These works were valued at $417,000 which represented the amount of Draw #2 on the loan facility. 27

28 Staff Report PD Page: In April 2014, Council supported Fowler s request to the District to extend the conditions of Draft Plan Approval for a two year period from the date that the District granted the extension approval. 22. In November 2016, the Plan of Subdivision was registered in the Land Registry Office as Plan 35M In June 2017, Fowler Construction began construction of a temporary road in the business park to allow potential purchasers the ability to drive into the park to examine lots. The construction consisted of relocating some hydro poles and installing some temporary ditching and culverts to minimize washouts. This road is a single lane offset to allow for future servicing. Fowler did not draw any funds from the loan to complete this work. 24. Also in June 2017, Fowler hired a new Director of Business Development with one of his responsibilities being the marketing and sale of lots in the business park. 25. Todd Willford of Royal LePage has also been engaged by Fowler to market some of the lots in the Business Park. 26. The Business Park is marketed by the Town as well through activities of the Economic Development Branch. This includes the provision of information approved by Fowler to potential investors that inquire about available lands in the Town of Bracebridge. 27. The Town s corporate website has a webpage dedicated to the Canyon Court Business Park. 28. In July 2017, the President and the Director of Business Development for Fowler Construction met with the Director of Planning and Development and the Manager of Economic Development to discuss potential options for maximizing interest in the business park. Potential options include changing the park s road network to create smaller attractive lots and to apply for a zoning variance to allow for a higher percentage of a potential building being used for accessory uses. Fowler Construction indicated that they will do more evaluation of the potential options with their Planning Consultant before submitting applications to the Town. 29. The purpose of this report is to provide with an update regarding the current status of the Canyon Court Business Park development and the Letter of Commitment between the Town and Fowler Construction. ANALYSIS 30. In order to ensure that Bracebridge is Investment Ready and able to accept new investment within most private sector timelines, it is imperative that the community have in its inventory a variety of sized and zoned available lands. 31. Available lands are defined as lands that are designated, zoned and serviced. This supply is considered to be a basic step within a successful Economic Development Program. 32. The Town has previously undertaken steps to address this issue. The development of the Taylor Court Business Park (Barron Drive, 2002) and the sale of lots in that business park, by the Town, have helped to address the shortage of industrial development sites in Town. 33. New businesses or expanded businesses benefit the Town through increased job opportunities and an increased tax base. 28

29 Staff Report PD Page: There is no doubt that a new Canyon Court Business Park would help to alleviate the lack of serviced industrial lots and would increase the attractiveness of the community for commercial and light-industrial investment. 35. Having serviced industrial lots that are ready-to-go would help Bracebridge gain another advantage over other areas of central Ontario that may be under consideration for investment from outside investors. 36. Currently, no other industrial subdivision is under development in Muskoka. Activity at the Muskoka Airport development is generally limited to uses related to the aviation industry. 37. Fowler Construction has indicated to Town staff that they have six lots (1, 2, 3, 20, 21, 22) conditionally sold. Lots 1 and 2 have a final condition to be waived by the end of October. Appendix B contains a plan of the Canyon Court Business Park. 38. The Town of Bracebridge has received notification from a company that has applied for a medical marijuana producing licence and they have identified their location as lots 20, 21, and 22 in the Canyon Court Business Park. 39. As a result of the sales activity, Fowler is planning to install site services to facilitate construction in early Fowler plans to install water and sanitary services to the first section of the road. This will facilitate full services to all the lots currently sold conditionally. The road will be completed in the spring of Fowler will be accessing funds under the loan agreement to finance this next phase of construction. 40. Two million dollars is the maximum loan amount contained in the Letter of Commitment with Fowler Construction. To date, Fowler Construction has accessed $717,000 of the maximum loan amount. Fowler Construction is invoiced monthly for interest repayment calculated at an annual interest rate of prime minus 0.75%. 41. Borrowed amounts to-date relate to the following development activities: Draw #1 - $300,000 for the installation of the turn lane and associated costs; and Draw #2 - $417,000 for the relocation of utility services in the Business Park. 42. The Letter of Commitment also requires that Fowler provide a total sum of $100,000 payable in semi-annual installments of $10,000 to support Economic Development initiatives undertaken by the Town. The first payment was made in January 2013 with the last payment due in To date Fowler has contributed $80,000 with the remaining installment expected by 2017 year end. The revenue is allocated in budget line in the Economic Development Branch s budget. 43. According to all local economic indicators, Economic Development staff believe that Bracebridge s economy has improved significantly since the international crisis in 2009 as noted below: Downtown commercial vacancy rates are at a 5-year low; Appropriately-priced commercial properties that become available are selling within two months or less; The supply of vacant industrial buildings between 5,000 and 10,000 square feet is negligible; 29

30 Staff Report PD Page: Inquiries about vacant buildings, both industrial and commercial, are steady; New industrial development include: Medical marijuana facility on Keith Road; Expansion (20,000 square feet) of Wood s Clothing on Highway 118; New 10,000 square foot office/industrial facility on Gray Road; and Expansion (36,000 square feet) of Aces Waste Management on Rosewarne Drive; and Staff has been providing information to potential investors about the lands in the Canyon Court Business Park. 44. Generally speaking, most of our industrial spaces are full and therefore there is demand that needs to be met. Staff anticipates that once construction activity begins in the Business Park it will pique the public s curiosity and will generate more interest in the Business Park from other investors. 45. Staff believe that this project supports local economic development and the overall sustainability of the community. Fowler has been, and continues to be, a strong and effective partner with the Town on a wide variety of economic development-related initiatives. The support and assistance of Fowler s senior leadership team has been greatly appreciated by the Town of Bracebridge. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 46. The creation of the Canyon Court Business Park is well aligned with the community-based strategic plan objectives: A Vibrant, Prosperous and Economically Sustainable Community. 47. The Canyon Court Business Park will aid in creating a vibrant, prosperous and economically sustainable community by continuing efforts in business retention and expansion of the existing industry base and attract enterprising people who will in turn establish businesses and create jobs. LINKAGE TO COUNCIL PRIORITIES 48. The Canyon Court Business Park supports job creation which has been identified by Council as a priority area. The Business Park provides development opportunities for new businesses looking to locate in Bracebridge and for existing businesses considering expansion possibilities. ALTERNATIVE 49. As this report is for information purposes only, no alternatives are presented. EXISTING POLICY 50. Existing Loan Agreements and related Amending Agreements between the Town of Bracebridge and Fowler Construction Company Ltd. 30

31 Staff Report PD Page: 7 FINANCIAL IMPLICATIONS 51. The Director of Finance/Treasurer has confirmed that to-date financing of the MCF in Canyon Court Business Park has been funded through a borrowing facility established by the Town. The agreement with Fowler ensures that the Town will receive incremental payments toward the loan principal up to $2 million. 52. The borrowing facility, which is a prime minus 0.75% revolving loan that is completely open with interest-only payment requirements on a monthly basis, is in place with the Town s financial institution. Fowler has been making the monthly payments which directly offset interest costs. 53. To date, Fowler Construction has accessed $717,000 of the maximum loan amount. Fowler Construction is invoiced monthly for interest repayment calculated at an annual interest rate of prime minus 0.75%. 54. A collateral mortgage has been placed on the property s title in the Town s favour. 55. Fowler is required to pay the amount of outstanding principal and interest by July 1, COMMUNICATIONS 56. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. Prepared By: Approved By: Approved for Submission to Planning and Development Committee By: R. Mattice C. Kelley J. Sisson Manager of Economic Development Director of Planning and Development Ext. 282 Ext. 253 Ext. 229 Chief Administrative Officer 31

32 Staff Report PD Page: 8 APPENDIX A LOCATION MAP CANYON COURT BUSINESS PARK 32

33 Staff Report PD Page: 9 APPENDIX B PLAN OF CANYON COURT BUSINESS PARK 33

34 Staff Report PD Page: 1 TO: FROM: SUBJECT: Councillor M. Quemby, Chair and Members of Planning and Development Committee R. Mattice, Manager of Economic Development Delegated Authority Special Events RECOMMENDATION 1. That the Director of Planning and Development, in consultation with the Director of Corporate Services/Clerk and the Manager of Economic Development, be granted the authority to approve agreements that pertain to the production of special events coordinated and organized by a department within the corporation of the Town of Bracebridge or other special events for which the Town is specifically identified as a sponsoring partner. 2. That the Mayor and Director of Corporate Services/Clerk be authorized to execute agreements approved under the delegated authority granted to the Director of Planning and Development. ORIGIN 3. The Town s Festival and Event Strategy was approved in 2007 with the following goals: 3.1. Build a stronger downtown; 3.2. Create a vibrant and diverse arts community; 3.3. Create partnerships within the community; 3.4. Increase spending in the community; 3.5. Expand our season (both high and low season events); 3.6. Encourage return visits to the community; 3.7. Encourage development of volunteers/staff (i.e. event planning courses); 3.8. Develop resources to assist those planning events in the community (permit process reviews, handbook, insurance issues); and 3.9. Keep municipal and other facilities full/utilized. 4. The roles identified for the Town in the Festival and Event Strategy would be multi-faceted including: 4.1. Facilitate permit approvals (delegation to staff was suggested); 4.2. Host/manage/coordinate a Festival or Event; 4.3. Support the events through provision of in-kind services (website promotion, banner hanging on bridge, etc); 4.4. Provide financial support for events; 34

35 Staff Report PD Page: Examine opportunities to make things easier for event organizers (e.g. securing insurance, event permits, etc.); and 4.6. Undertake activities in the community designed to build capacity for hosting events (e.g. volunteer training). 5. The Planning and Development Department administers the Festival and Event Strategy for the Corporation and coordinates (including hosting or managing) various annual events or unique/one-off events including but not limited to the following: Bandshell Concert Series Festival of Lights What s Cooking Bracebridge 2014 Ontario Winter Games Pan Am Torch Relay Canada 150 Celebration 6. Generally, the Town-coordinated and organized events are approved by Council as part of the operational budget for the Department during the Municipal Budget and Business Plan deliberations and unique events/one-off event will receive Council approval through consideration of a staff report that outlines the goals, objectives and anticipated budget for that particular event. 7. As part of coordinating events, there are situations in which agreements need to be made to produce these events. Some of these agreements are: Road use indemnity agreements; Sponsorship or partnership agreements; Special Occasion permits; Service agreements such as security, building trades, event set-up, marketing, promotional material; Securing talent or entertainment; Equipment rental agreements (e.g. tables, stages, sound systems); and Venue rental agreements. 8. The purpose of this staff report is to request delegated authority to approve agreements for execution by the Mayor and Director of Corporate Services/Clerk in an effort to streamline administrative activities associated with Town-coordinated and organized events or other special events for which the Town is specifically identified as a sponsoring partner. ANALYSIS 9. The Town of Bracebridge is heavily involved with events in the community. Whether it is: 9.1. supporting other event organizers, (e.g. grants, information, contacts, manpower, or the lending of event equipment); 9.2. partnering in producing events (e.g. Downtown BIA, Chamber of Commerce, Muskoka Futures, YWCA, etc.); or 9.3. coordinating events and festivals (e.g. Bandshell Concert Series). 35

36 Staff Report PD Page: As part of event management, staff utilizes the Town s purchasing policies to secure goods and services as well as making various commitments with respect to road closures, sponsorships, partnerships, entertainment, venue rental and event set-up. However, sometimes there is a requirement for the Town to be bound to a contractual obligation that requires a formal agreement which is beyond staff s authority to execute. 11. The Town s Purchasing Policy provides the authority for a Department Head to set the criteria and process for a Request for Proposal, Request for Quotations and Expressions of Interest. 12. Similarly, the Town s Purchasing Policy sets a spending limit of up to $50,000 for a Department Head to allocate. 13. However, the Policy does not specifically permit the execution of agreements for purchases under $50,000 or for the execution of agreements resulting from Request for Proposals. 14. The Mayor and the Director of Corporate Services/Clerk have authority to bind the Town (Corporation) to contractual obligations. 15. As noted there are a number of agreements that may be required in order for staff to produce an event. Staff believe that providing this delegated authority for the Director of Planning and Development to approve agreements for execution by the Mayor and Director of Corporate Services/Clerk will provide administrative efficiencies and provide staff that are producing approved events with certainty in moving projects forward. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 16. Special Events are well aligned with the community-based strategic plan objectives: A Vibrant, Prosperous and Economically Sustainable Community 17. Special events assist the community in growing its tourism and retail/commercial sectors. LINKAGE TO COUNCIL PRIORITIES 18. Annual events support Arts and Culture development which has been identified by Council as a priority area. ALTERNATIVE(S) 19. The following alternative is available for Committee consideration: Alternative #1 The Committee could recommend that Council not approve delegated authority for the Director of Planning and Development to approve special event agreements. This alternative is not recommended as Town Staff believe that delegated authority will streamline the administrative activities associated with event planning and will provide staff with quicker confirmation that a special event can proceed without any delays. EXISTING POLICY 20. Town of Bracebridge Festival and Event Strategy. 36

37 Staff Report PD Page: 3 FINANCIAL IMPLICATIONS 21. There are no financial implications since delegated authority would only be granted to those special events approved in the Municipal Budget and Business Plan or by other Council approved direction. COMMUNICATIONS 22. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. Prepared By: Approved By: Approved for Submission to General Committee By: R. Mattice C. Kelley J. Sisson Manager of Economic Director of Planning and Chief Administrative Officer Development Development Ext. 282 Ext. 253 Ext