AGENDA - COMMITTEE OF THE WHOLE MEETING Tuesday June 7, 2011

Transcription

1 AGENDA - COMMITTEE OF THE WHOLE MEETING Tuesday June 7, 2011 Page A Regular Meeting of Committee of the Whole will be held on Tuesday June 7, 2011, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. 1. Call to Order 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. 3. Disclosure of Interest 4. Adoption of Minutes 5-16 a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Planning and Visioning a. Delegations and Petitions - 9:00 a.m. 1. Mr. Mark Cooper, agent, to attend Re: Item 5.c.1.a., ZBA-15/11, Mason 2. Mr. Charles Ross, agent, to attend Re: Item 5.c.1.b., ZBA-16/11, Ross 3. Ms. Terry Ledger, agent, to attend Re: Item 5.c.2.a., SPA-13/11, Field of Greens 4. Mr. Garth McNaughton to attend Re: Item 5.c.2.b., SPA-16/11, Muskoka World Peace Consulting Corporation / Bornstein 5. Mr. Dan Bornstein, applicant, and Mr. Tim Harvey, agent, Pinestone Engineering Ltd., to attend Re: Item 5.c.2.b., SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein b. Visioning Chair Murphy and Vice Chair Harding c. Planning Chair Nishikawa and Vice Chair Murphy Page 1 of 306

2 Page 1. Zoning By-law / Official Plan Amendments a. ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # b. ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Site Plans / Plans of Subdivision and Condominium a. SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Carling), Roll # b. SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, (Port Carling), Parts 1 & 2 on Plan RD- 452, Part of Lot 21 on Plan 1, Roll #'s & Long Range Planning / Special Projects a. Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units b. Report from the Director of Planning, Re: Zoning By-law Review, Rooming Houses 4. Other Business a. Report from the Senior Planner, Re: Return of Securities, Wallace Marine, Roll # b. Muskoka Lakes Heritage Committee Meeting Minutes - May 6, 2011 and May 15, d. Economic Development and Communications Chair Harding and Vice Chair Burgess Report from the CAO Re: Train Service to Muskoka, Green Energy Act and Municipal Conflict of Interest Act. 6. Public Works a. Delegations and Petitions b. Roads and Infrastructure Chair Brent and Vice Chair Edwards Page 2 of 306

3 Page b. Roads and Infrastructure Chair Brent and Vice Chair Edwards Report from the CAO Re: Burgess I Hydro Station, Request for Proposal. 7. Corporate Services a. Delegations and Petitions b. Finance Chair Burgess and Vice Chair Furniss Report from the Clerk Re: Correspondence from the Town of Bracebridge. 2. Report from the Clerk Re: Correspondence from the Township of North Stormont. c. Administration Chair Furniss and Vice Chair McTavish Report from the Clerk Re: Application to purchase a portion of the the Township Road Allowance (known as Ramsden Road) lying in Concession 5, Lot 9, (Wood) GREENIAUS, ( ). 2. Report from the Clerk Re: Declaration of Surplus Land - Relph ( ). 3. Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE INC./PERRY ( ). 4. Report from the Clerk Re: Applications to purchase Original Shore Road Allowance JOHNSON , (Skeleton Lake) and LUCAS (Leonard Lake). 5. Report from the Clerk Re: Application for a License Agreement for the encroachments of a dwelling unit and shed on the Township Road Allowance (known as Old Bridge Road ), Concession 9, Lot 19, (Medora) MORRISON, ( ). 6. Report from the Clerk Re: Request for exemption to Parking By-law. 7. Report from the Public Works Superintendent Re: Muskoka Lakes Chamber of Commerce, Farmers Market Signage. 8. Community a. Delegations and Petitions Page 3 of 306

4 Page b. Community Chair McTavish and Vice Chair Brent Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Minor Hockey Association - Sign Request - Follow-up Report. 2. Report from the Manager of Parks Recreation and Facilities Re: Community Centre Review Document. (To commence at 1:00 p.m.) 3. Walker's Point Community Centre - Meeting Minutes for April 26, 2011 c. Emergency Management and Volunteerism Chair Baranik and Vice Chair McTaggart Health and Safety Committee Meeting Minutes - March 17, d. Parks, Trails and Libraries Chair McTaggart and Vice Chair Nishikawa 9. New and Unfinished Business 10. Committee in Closed Session 11. Adjournment a. Consideration of a resolution to adjourn. Page 4 of 306

5 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING Tuesday, May 17, 2011 A Regular Meeting of the Committee of the Whole was held on Tuesday, May 17, 2011, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy, Chair W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: L. Forbes - Planning Assistant R. Jeffries - Clerk s Assistant Ruth Nishikawa S. Fahner - Director of Planning Brad Burgess L. Saumur - Manager of Parks, Recreation and Facilities Bob McTavish J. Stevens - Treasurer Don Furniss Gault McTaggart Phil Harding Jean-Ann Baranik Ron Brent Allen Edwards, arrived 9:05 am 1. Call to Order a. Mayor Murphy called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number COW-1-17/05/11 Councillor McTavish Councillor Baranik: Be it resolved that the Committee of the Whole agenda dated May 17, 2011 be adopted as amended to remove item 8.a.1. North Simcoe Muskoka Local Health Integration Network Delegation and to add item 8.d.2. Presentation from Councillor Burgess Re: Giant Hogweed. Carried. 3. Disclosure of Interest a. None. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 1 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 5 of 306

6 4. Receipt/Adoption of Minutes a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 27, Resolution Number COW-2-17/05/11 Councillor Baranik Councillor McTavish: Be it resolved that the Committee of the Whole Meeting minutes held on April 27, 2011 be adopted. Carried. 5. Planning and Visioning a. Delegations and Petitions 9:00 a.m. 1. Bill Hennessey Events and Rick Cowan, The Special Event Team attended at 9:05 a.m. Re: Presentation - All ages outdoor Music Festival proposal Bush s Sports Centre July 30 & July 31, Mr. Hennessey distributed his presentation for Committee, a copy of which is attached. Mr. Hennessey noted that they have incorporated suggestions into the proposal that were made at the previous Committee meeting. Mr. Hennessey and Mr. Cowan answered questions for Council regarding the completion of a site plan, transportation and parking concerns, under aged drinking, security and increased police presence. In order to address Committee s concerns, they requested that a detailed site plan be provided, that the event be a 19+ aged event and that there be supervision/security for the buses. Committee also requested that the delegation attend the next round of meetings along with the owners of Bush s Sports Centre. 2. Samantha Hastings, District Municipality of Muskoka attended at 9:15 a.m. Re: Attainable Housing. Ms. Hastings distributed Housing For Everyone brochures, and reviewed her PowerPoint presentation, copies of which are attached. She advised of the accomplishments to date, recommendations and next steps to achieving attainable housing in Muskoka. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 2 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 6 of 306

7 3. Mr. Dan Bornstein, applicant, and Mr. Tim Harvey agent, Pinestone Engineering Ltd., did not attend, Re: Item 5.c.1.a., ZBA-39/10, Muskoka World Peace Consulting Corporation / Bornstein. Refer to item 5.c.1.a. 4. Mr. Tony Robinson attended at 9:40 a.m. Re: Item 5.c.2.a., SPA-12/11, Moore Propane. Refer to Item 5.c.2.a. 5. Mr. Neil Smellie attended at 9:55 a.m. Re: Item 5.c.3.a., Proposed Core Broadband Communication Towers. Refer to Item 5.c.3.a. b. Visioning Chair Murphy and Vice Chair Harding 1. Strategic Plan Update. Committee deferred this item and scheduled a Special Council meeting for Strategic Planning on May 26, 2011 at 4:00 p.m. c. Planning Chair Nishikawa and Vice Chair Murphy 1. Zoning By-law / Official Plan Amendments a. Report from Director of Planning, Re: ZBA-39/10, Muskoka World Peace Consulting Corporation / Bornstein, Part of Lot 31, Concession 4, (Port Carling), Parts 1 & 2 on Plan RD-452, Part of Lot 21 on Plan 1, Roll #s & A copy of the report is attached. Mr. Fahner indicated he had received s from the applicant and agent regarding the zoning amendment. He noted they had indicated they would be submitting a site plan application that complied with the zoning by-law. Committee agreed to defer the application until the applicant and his agent could be present. 2. Site Plans / Plans of Subdivision and Condominium a. SPA-12/11, Moore Propane, Part of Lots 12 & 13, Concession A, Part 1 on Plan 35R-4095, (Watt), Roll # A copy of the report is attached. Mr. Fahner explained the history, nature, and location of the application/property. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 3 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 7 of 306

8 Mr. Tony Robinson, agent, Tony Robinson Construction Ltd. attended the meeting. Mr. Robinson indicated he was available to answer questions. Committee requested staff to increase the number of plantings to establish a meaningful vegetative buffer. Resolution Number COW-3-17/05/11 Councillor Harding Councillor Brent: Be it resolved that Committee of the Whole recommend to Council that Site Plan Agreement Application, SPA-12/11, (Moore Propane Ltd., Roll # ), be approved subject to additional plantings, to create an effective buffer. Carried. 3. Long Range Planning / Special Projects a. Report from the Director of Planning, Re: Proposed Core Broadband Communication Towers. A copy of the report is attached. 4. Other Business Mr. Fahner introduced the report for Committee. Mr. Smellie reviewed the history of Core Broadband and provided a brief review of the four proposed tower locations. He indicated the locations are proposed for under serviced areas. In response to Committee s question, Mr. Smellie explained that in order to consolidate towers, a tower of over 300 feet would be required and would not expand the range enough to justify. Committee requested that this matter be placed on a future agenda to consider agreement details to locate the proposed towers on municipal property. a. Verbal Report from Councilor Nishikawa Re: Muskoka Lakes Heritage Committee. Councillor Nishikawa indicated the Heritage Committee has held two meetings to date. The focus is on three locations to move forward, Windermere, Port Carling, and Bala. There are a number of properties in each of the three areas to include in designating Heritage Districts. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 4 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 8 of 306

9 Councillor Nishikawa also explained the Committee is developing a list of properties to be considered as additions to the Township s inventory list of properties with heritage value or interest. d. Economic Development and Communication Chari Harding and Vice Chair Burgess 1. None. 6. Public Works a. Delegations and Petitions 1. None. b. Roads and Infrastructure Chair Brent and Vice Chair Edwards 1. None. 7. Corporate Services a. Delegations and Petitions 11:10 a.m. 1. Inspector Ed Medved, OPP Bracebridge Detachment, and Bill Beardwood, The Kee to Bala, attended at 11:10 a.m. Re: The Kee to Bala Security Measures for Inspector Medved highlighted the Bracebridge Detachment operations, the OPP Strategic Plan for , and statistical analysis for the Township of Muskoka Lakes. He outlined new security measures for the 2011 season pertaining to The Kee to Bala which includes; the commitment of 2 additional paid duty members for community control, reintroducing bicycle patrol officers and approaching the bus companies with respect to logistics. In 2011, the OPP are introducing a new civilian data entry program that will assist officers. The Inspector suggested that the Township have a CPTED (crime prevention through environmental design) analysis completed to enhance security measures. He also suggested the future use of CCTV (closed circuit television). Inspector Medved answered questions for Committee regarding the Bala OPP detachment and the CP Rail lands. He thanked Bill Beardwood, The Kee to Bala, for his continued co-operation. In response to Committee, Inspector Medved and Mr. Beardwood confirmed that they would attend a community meeting to discuss resort nights. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 5 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 9 of 306

10 Committee directed staff to organize and invite the public to a community meeting on June 1 st, 2011 at 7:00 p.m. at the Bala Community Centre in this regard. b. Finance Chair Burgess and Vice Chair Furniss 1. Report from the Treasurer Re: Approval of 2010 Financial Reserve Transactions. A copy of the report is attached. The Treasurer reviewed the report for Committee noting the auditors are seeking approval for the 2010 financial reserve transactions. She noted that the 2010 surplus has been equally allocated to the Road and Fire reserves. Resolution Number COW-9-17/05/11 Councillor Brent Councillor Harding: Be it resolved that Committee of the Whole recommend to Township Council to approve the 2010 year end transactions for the Financial Reserves as outlined in the staff report dated May 17, 2011 and further accept the 2011 Projected reserves as updated on May 17, Carried. 2. Report from the Treasurer Re: Q1 Variance Report. A copy of the report is attached. The Treasurer reviewed the report for Committee advising that expenses are tracking on budget for the first quarter of c. Administration Chair Furniss and Vice Chair McTavish 1. Report from the Clerk Re: Road Closing and License Agreement Fees Additional Information. A copy of the report is attached. The Clerk reviewed the report for Committee including the additional information as requested by Committee at their April 27, 2011 meeting. Committee concurred with the recommendations outlined in the report, with the following amendment: implement a rate increase to $0.40 per square foot for the sale of Original Road Allowances. Committee also confirmed the following, with respect to the three policies: COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 6 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 10 of 306

11 implement a minimum sale price fee of $ for the Sale of Original Shore Road Allowances, Flooded Original Shore Road Allowances and Original Road Allowances. implement a new application form and fee of $ for the Sale of Flooded Land Policy. annual license agreement rates to remain at $ per year for the first five years. applications already submitted and prior to the effective policy changes on June 6, 2011, are applicable to the policy in which they applied under. Resolution Number COW-4-17/05/11 Councillor McTaggart Councillor Burgess: Be it resolved that Committee of the Whole recommend to Township Council that the following policies be amended to reflect the fee increases as presented in the staff report dated May 17, 2011 with amendments: Policy C-LS-07 - License Agreement Policy C-LS-08 - Sale of Original Shore Road Allowances and Original Road Allowances Policy C-LS-09 - Sale of Flooded Land Carried. Committee requested that staff review and report back on Cash in Lieu of Parkland fees. 2. Report from the Clerk Re: Application to purchase the Original Shore Road Allowance Lake Rosseau, Young ( ). A copy of the report is attached. The Clerk highlighted the report for Committee. Resolution Number COW-5-17/05/11 Councillor McTaggart Councillor Burgess: Be it resolved that Committee of the Whole recommend to Township Council that tentative approval be given to the Original Shore Road Allowance Application submitted by James Young ( ) lying in front of Concession 13, Lot 28, Lake Rosseau (Watt) pursuant to the conditions provided in the Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances. Carried. 3. Report from the Clerk Re: Declaration of Surplus Lands, Walker ( ). A copy of the report is attached. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 7 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 11 of 306

12 The Clerk reviewed the report for Committee. Resolution Number COW-6-17/05/11 Councillor McTaggart Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes declares the following Township owned land to be surplus: A portion of flooded Original Shore Road Allowance lying in front of Lot 15, Concession 6 (Monck) Lake Muskoka designated as Part 1 on Reference Plan 35R-22958, Walker, ( ). And further that the Clerk is hereby instructed to dispose of the said property pursuant to Sections 8, 9, and 11 of the Municipal Act, Carried. 4. Report from the Clerk Re: Amendments to the Procedural By-law and Good Governance Policy C-GG-14. A copy of the report is attached. The Clerk reviewed the report for Committee noting that the amendments are required to meet the change in the scheduling of Council meeting times to 9:00 a.m. Resolution Number COW-7-17/05/11 Councillor Baranik Councillor Harding: Be it resolved that Committee of the Whole recommend that Council pass a by-law to amend By-law , being a by-law to govern the proceedings of Council and Committee meetings at the June 6, 2011 meeting of Council as presented in the staff report dated May 17, Carried. Mayor Murphy commented that she would seek input from the public regarding meeting times through the June 2011 Mayor s Newsletter which will be circulated with the tax bills. Resolution Number COW-8-17/05/11 Councillor Baranik Councillor Harding: Be it resolved that Committee of the Whole recommend to Council that Township Council Policy C-GG-14 (Council and Standing Committee Meeting Schedule) be adopted as amended on May 17, COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 8 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 12 of 306

13 8. Community Carried. 5. Report from the CAO Re: Clean Properties By-law. A copy of the report is attached. The CAO reviewed the report and answered questions for Committee regarding enforcement of the by-law, setbacks and public input. Committee requested that language be added to the draft by-law regarding the requirement for setbacks visible from the road plus the addition of an appeal process. Committee directed staff to post the draft by-law on the Township website to seek public input. Committee asked that the Muskoka Ratepayers Association and the Muskoka Lakes Association communicate this information to their members. The bylaw will be scheduled for consideration at the June 27, 2011 Council meeting. 6. Report from the CAO Re: Property Ownership Bala Falls Area. A copy of the report is attached. The CAO reviewed the report and sketch for Committee s information. Councillor Furniss left the Council table at 3:15 pm due to an indirect pecuniary interest regarding the Bala Falls Project based on his directorship with a company that has done business with the proponent of the project. Councillor McTavish took the Chair at 3:15 p.m. Committee held a brief discussion regarding the application of Provincial property proposed to be used by Swift River Energy Limited. Committee directed the CAO to contact the Province regarding the lands known as Diver s Point Park, Shield Parking Lot and Margret Burgess Park. Councillor Furniss returned to the Council table at 3:25 pm a. Delegations and Petitions 1:00 p.m. 1. Bernie Blais, CEO and Ruben Rosen, Board Chair, North Simcoe Muskoka Local Health Integration Network did not attend Re: Information Presentation on Organization. This item has been rescheduled to a future meeting. 2. Sheila Durand, CEO/Chief Librarian, Muskoka Lakes Public Library attended at 1:00 p.m. Re: Library Services in Milford Bay and Walker s Point and 2011 Library Budget. A copy of the presentation is attached. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 9 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 13 of 306

14 The CEO/Chief Librarian made a presentation to Committee on the timeline for the discontinuation of Library Services in Milford Bay and Walker s Point and submitted the 2011Library Board Budget. She answered questions for Committee regarding volunteerism, marketing of library services, internet/computer services, grants and budgeting. Committee members expressed concern regarding the pending library service closures. Councillor McTaggart suggested that this matter move forward in a positive manner. He advised he would be attending the May 18 th, 2011 Library Board meeting with Walker s Point volunteers to discuss the proposed community book exchange. b. Community Chair McTavish and Vice Chair Brent 1. Report from the Manager of Parks, Recreation and Facilities Re: Community Centre Review Report Submission from the Community Centre Review Committee for Council review and consideration. A copy of the report is attached. The Manager of Parks, Recreation and Facilities highlighted the report for Committee. She noted that an analysis of financial impacts relating to fees for custodians will be presented at a future meeting. Committee members were asked to forward all questions or suggestions to the Manager of Parks, Recreation and Facilities by May 26, Further consideration of this item was deferred to the June 7 th 2011 Committee of the Whole meeting. Committee requested the Manager of Parks, Recreation and Facilities to present the follow-up report regarding the Port Carling Minor Hockey Association s signage at the Port Carling Arena at the June 7, 2011 Committee meeting. 2. Report from the CAO Re; Council, Council Nominee and Employee Indemnity and Liability, Community Hall Caretakers. A copy of the report is attached. The CAO reviewed the information report for Committee. 3. Peninsula Community Centre Meeting Minutes January 26, A copy of the minutes is attached. 4. Walker s Point Community Centre Meeting Minutes February 22, A copy of the minutes is attached. 5. Bala Community Centre Meeting Minutes March 8, A copy of the minutes is attached. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 10 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 14 of 306

15 6. Torrance Community Centre Meeting Minutes April 13, A copy of the minutes is attached. c. Emergency Management and Volunteerism Chair Baranik and Vice Chair McTaggart 1. Report from the Clerk Re: Accessibility Plan Review. A copy of the report is attached. The Clerk reviewed the report indicating that this is an annual requirement pursuant to the Ontarians With Disabilities Act, Resolution Number COW-10-17/05/11 Councillor Brent Councillor Furniss: Be it resolved that the Committee of the Whole recommend to Township Council that the 2011 Accessibility Plan as presented on May 17, 2011 be approved. Carried. d. Parks, Trails and Libraries Chair McTaggart and Vice Chair Nishikawa 1. Minutes from the Township of Muskoka Lakes Public Library board- March 8, 2011 and April 12, A copy of the minutes is attached. 2. Presentation from Councillor Burgess Re: Giant Hogweed. A copy of the presentation is attached. Councillor Burgess reviewed a PowerPoint presentation indicating the locations of Giant Hogweed in Bala noting that it is a noxious weed under the Weed Control Act. He read aloud a letter from Nancy Houghton who requested information on giant hogweed be posted on the Township website and in public buildings, that the giant hogweed be eradicated on Township property, and that this information be forwarded to the District of Muskoka. Mayor Murphy read aloud the Township s current policy for pesticide use (Policy C- ENV-03) wherein the application of pesticides on Township property requires Township Council approval. After a brief discussion Committee scheduled a Special Council Meeting on Friday, May 20 th 2011 at 10:00 a.m. to provide this approval. 9. New and Unfinished Business a. None. COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 11 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 15 of 306

16 10. Committee in Closed Session a. None. 11. Adjournment a. Consideration of a resolution to adjourn. Resolution Number COW-11-17/05/11 Councillor McTavish Councillor Furniss: Be it resolved that this meeting adjourn at 4:21 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday June 7, 2011 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling. Carried. Mayor Alice Murphy Cheryl Mortimer - Clerk COMMITTEE OF THE WHOLE MINUTES May 17, 2011 PAGE # 12 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 17, Page 16 of 306

17 ZBA-15/11 MASON ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 17 of 306

18 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 18 of 306

19 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7 th 2011 SUBJECT: ZBA-15/11, Mason, Part of Lot 33, Concession 2, (Watt), Parts 39, 44, & 45, Plan 35R-15907, Roll # RECOMMENDATION: That ZBA-15/11 (Mason) be approved for circulation as a rezoning to Waterfront Residential (WR2) and to restrict development to the defined building envelope as per the submitted plans. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 31/05/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 31/05/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 31/05/11 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Proposed Rezoning: Lot Frontage 920 ft. (Brackenrig Road) Lot Area 9.31 acres From Open Space (OS2) to Rural Residential (RuR) BACKGROUND PLANNING DATA Official Plan Designation: By-law Zoning: Waterfront Open Space (OS2) Schedule No.: 30 Access: El-Kee Point Lane Page 1 of 3 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 19 of 306

20 Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Civic Address: Waterfront Residential, Rural Residential Not Applicable Not Applicable 1034 El-Kee Point Lane PLANNING CONSIDERATIONS 1. Official Plan Schedule F of the Official Plan considers the entire property as within the Waterfront designation. The Official Plan definition of the Waterfront designation includes lands beyond 500 feet from a waterbody, where they physically or functionally relate to the waterfront area. When determining whether lands physically or functionally relate to the Waterfront, generally, small remnants of rural area surrounded by the Waterfront designation shall be included in the Waterfront designation. Although it is debateable which designation a portion of the lands fall, it is staff s opinion that the property is within the Waterfront designation. The Waterfront setting consists of open space and low density residential land uses on mainland and island shorelines; interspersed with some commercial development amongst a predominantly forested landscape. One of the main objectives of the Waterfront designation is to ensure that the natural form dominates over the built form. Residential development in the Waterfront shall generally take one of two forms: linear development situated along the shoreline, and backlot development, consisting of individual dwellings separated from a waterbody by a legally separate developable piece of patented land. Section B states that where a public road passes through the Waterfront designation approximately parallel to a shoreline, not more than a single-tier of building lots may be permitted between the shoreline and such road. Backlot development shall contain a minimum lot area of five acres and a minimum frontage along a year-round maintained public road of 200 metres (660 feet). The property more than exceeds these amounts. 2. Zoning By-law The subject property is currently zoned Open Space (OS2). The applicant proposes to rezone the lands to Rural Residential (RuR), permitting residential development and accessory structures thereto. 3. Site Characteristics Staff inspected the subject property on May 27 th The lot is vacant and well treed. Portions of the lot are elevated as several ridges run along the land, while portions of the lot are also low lying. The proposed building site is sandwiched between two of these elevated rock ridges, adequately screening the proposed development from waterfront development. 4. Backlot Staff does not support the creation of second tier development. As per Official Plan policy, backlot development should be separated from waterfront residential properties by a public road. All of the adjacent waterfront lots save for two are separated from the subject property by Page 2 of 3 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 20 of 306

21 a public road. The proposed building site is located a considerable distance (minimum of 350 feet) from these two properties (see section 7 below). 5. Rezoning The application proposes to rezone the property to Rural Residential (RuR). Based on the above noted determination that the property falls within the Waterfront designation, the more appropriate zoning is Waterfront Residential (WR2). Both zones permit residential development and accessory structures. The existing lot more than exceeds the minimum required lot frontage and lot area of both zones. 6. Access The subject property fronts onto both Brackenrig Road, a year round maintained public road, and El Kee Point Lane, a non-maintained public road. According to the applicant s agent, direct access from Brackenrig Road is not feasible without considerable cost. The site visit confirmed a large rock ridge and wetland fronting on Brackenrig Road. Although it would be preferable to have access from Brackenrig Road, Waterfront Official Plan policies do allow new lots on seasonal roads (less than five lots) and on private roads where a substantial increase in demand for additional municipal services would not be created. 7. Development Plan A development plan has been submitted depicting the proposed built layout of the site. Staff would have concerns with a residence located in close proximity to two waterfront residential lots (as noted above) which are not separated from the property by a public road, and where there is no ridge buffering the two. The proposed building site is the most suitable on the property and is located a minimum of 350 feet from these two properties. The proposed building site is approximately 560 feet from the lake at the closest point. Staff recommends that the application be circulated to include restricting the proposed building envelope to that shown on the development plan. 8. Site Plan Control The proposed zoning of WR2 is automatically subject to site plan control. 9. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch drawn to scale. This application is, therefore, complete. Page 3 of 3 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 21 of 306

22 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 22 of 306

23 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 23 of 306

24 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 24 of 306

25 ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 25 of 306

26 FRONTAGE ALONG BRACKENRIG ROAD ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 26 of 306

27 EL KEE POINT LANE DRIVEWAY/RIGHT-OF-WAY TO PROPOSED BUILDING SITE ZBA-15/11, Mason, Part of Lot 33, Concession 2, Parts 39, 44 & 45 on Plan 35R-15907, (Watt), Roll # Page 27 of 306

28 ZBA-16/11 ROSS ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 28 of 306

29 ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 29 of 306

30 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7 th 2011 SUBJECT: ZBA-16/11, Ross Trust, Part of Lots 27 & 28, Concession 10, (Medora), Part 1, Plan RD-928, Roll # RECOMMENDATION: That ZBA-16/11 (Ross Trust) be denied circulation. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 01/06/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 01/06/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 01/06/11 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Lot Frontage 147 ft. (by-law) Lot Area 0.91 acres Proposed Exemption: i) Exemption from Section e being the maximum permitted dock length of 66 feet on a Category 1 Lake (Lake Rosseau) in a Waterfront Residential (WR1) zone. BACKGROUND PLANNING DATA The applicants wish to permit dock additions at lengths of 138 feet. Official Plan Designation: By-law Zoning: Waterfront Waterfront Residential (WR1) Schedule No.: 21 Access: Private Laneway off Morinus Road Page 1 of 4 ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 30 of 306

31 Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Waterfront Residential, Rural Residential Not Applicable Type II General Fish Habitat Civic Address: 1166 Morinus Road, Unit # 8 PLANNING CONSIDERATIONS 1. Official Plan The subject property falls within the Waterfront Designation. The Waterfront setting consists of open space and low density residential land uses on mainland and island shorelines amongst a predominantly forested landscape. One of the main objectives of the Official Plan policies for the Waterfront designation is to ensure that built form does not dominate the natural shoreline. The Official Plan states that standards regulating shoreline structures shall be detailed in the implementing comprehensive zoning by-law. Section B.13.3 states that buildings, structures, or works extending beyond the normal or controlled high water mark or located at the shoreline shall be designed and located in a suitable manner so as to have regard for the following matters: a) Critical fish and wildlife habitat; b) The natural flow of water; c) Potential damage from flood and ice heaving; d) Privacy; and, e) Other shoreline, resource development, and environmental policies. Section B.13.5 states that shoreline structures shall not impede the immediate view of surrounding properties, as defined by the extension of property lines onto the water. Section F states that in considering applications, the potential impact of similar approvals will be considered. The cumulative impact of amendments on this and other lands will be considered to have greater weight than site specific considerations. 2. Zoning By-law The subject property is zoned Waterfront Residential (WR1). The zoning by-law implements the Official Plan Policies by limiting the maximum permitted dock length on a Category 1 Lake (Lake Rosseau) in a WR1 zone to 66 feet. The proposed dock additions are proposed at a maximum length of 138 feet. The proposed dock additions comply with all other zoning provisions. 3. Site Characteristics Staff inspected the subject property on May 27 th The property is gently sloping and contains a fairly open and grassed shoreline vegetative buffer, with some scattered mature vegetation. Page 2 of 4 ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 31 of 306

32 An L shaped dock is the sole shoreline structure along the frontage of the property, currently at a length of 102 feet. The shoreline has a sandy bottom and water depth is fairly shallow. Although fairly shallow, two boats were moored on the existing docks. A finger dock is located on the neighbouring lot to the east, approximately 150 feet away, while to the west a single storey boathouse is located also approximately 150 feet away from the subject dock. Due to the configuration of lots and that the subject property is located at the end of a small bay, the proposed dock addition will impact on the view of two properties on the east side of the bay, based upon the extension of property lines onto the water. The property is located along an open expanse of Lake Rosseau, and in staff s opinion, the additional length would not pose a navigational hazard. 4. Existing Dock By-law In March 1992, previous property owners went through the zoning by-law amendment process and obtained approval for a dock length of 100 feet (By-law 92-50). What was constructed is a dock at a length of 102 feet. 5. Proposed Dock Additions The applicants propose to extend three fingers from the end of the existing dock, each six feet in width and 36 feet in length, resulting in an overall dock length of 138 feet. Although in the past staff has been supportive of increased dock length where water depth warrants it, configurations have typically consisted of a finger dock, and in some instances an L shape. The proposed dock addition would provide docking for four boats at a length of 138 feet and, in staff s opinion, is excessive. 6. Dock Width Although the existing dock is currently 40 feet in width (27.2% of the lot frontage) and the zoning by-law only permits a dock width of 25% of the lot frontage (36.75 feet), it was constructed through Building Permit , issued April 7 th At the time, there was no restriction on dock width in the zoning by-law. The current zoning by-law does permit additions to shoreline structures that are legally over width, provided the addition does not increase the width and the addition complies with all other requirements (including compliance with width when viewed on its own). The proposed dock addition complies with current width limitations. 7. Water Depth As stated above, staff has supported waterfront residential dock lengths which exceed 66 feet where water depths warrant it. This is also dependant on other impacts (navigation, views, safe ingress and egress, etc.). Staff have utilized a minimum water depth necessary for docking an average boat to be 2.5 feet (30 inches). Staff took water depth measurements during the site visit on May 27 th 2011 and found depths ranging from 34 inches to 37 inches at 102 feet in length and 51 inches at 138 feet in length. In speaking with the Ministry of Natural Resources, the current level on Lake Rosseau on May 27 th 2011 was m. The target operating water level at the end of August/beginning of September is m, which is 0.18 m (7 inches) lower than the observed level on May 27 th Page 3 of 4 ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 32 of 306

33 2011. The depth at the end of the existing dock is, therefore, approximately at 2.5 feet which is sufficient depth for docking an average runabout. The depth at the end of the proposed dock would be over 3.5 feet. As stated above, at the time of the site visit two boats were moored on the existing docks. 8. By-law Administration Although the proposed dock addition would not appear to have an impact on navigation, the principal basis for permitting additional dock length has been a lack of water depth. According to staff s measurements, 2.5 feet of water depth is available at 102 feet in length. Boats were also moored on the existing docks during the site visit. Staff, therefore, recommends denial of circulation. The applicant s may wish to proceed with the current application to legalize the existing docks at a length of 102 feet. By-law permits a maximum dock length of 100 feet. 9. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch drawn to scale. This application is, therefore, complete. Page 4 of 4 ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 33 of 306

34 ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 34 of 306

35 SHORELINE STRUCTURES/NEIGHBOURING PROPERTIES: TO EAST TO WEST ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 35 of 306

36 SHORELINE OF SUBJECT PROPERTY/DWELLING EXISTING DOCK ZBA-16/11, Ross, Part of Lots 27 & 28, Concession 10, Part 1 on Plan RD-928, (Medora), Roll # Page 36 of 306

37 SPA 13/11 FIELD OF GREENS LIMITED SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 37 of 306

38 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 38 of 306

39 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7 th 2011 SUBJECT: SPA-13/11, Field of Greens Ltd., Part of Lot 30, Concession 4, (Port Carling), Parts 5 to 11 & 14, Plan 35R-10935, Roll # RECOMMENDATION: That SPA-13/11 (Field of Greens Ltd.) be approved, subject to additional landscaping, satisfactory District of Muskoka comments, and the receipt of securities. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 01/06/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 01/06/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 01/06/11 Original signed by W. Schmid ORIGIN PROPOSAL: To construct a 1,000 sq. ft. footprint commercial building. Particulars of Property: Lot Frontage: 89 feet Lot Area: 0.67 acres BACKGROUND: PLANNING DATA: Official Plan Designation: By-law Zoning: Urban Centre (Mixed Use) Community Commercial - Highway (C4) Schedule Number: 55 Access: Neighbouring Uses: Original Shore Road Allowance: Medora Street, Bruce Wilson Drive Community Commercial, Residential Not Applicable Page 1 of 4 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 39 of 306

40 Fisheries Resource: Civic Address: Not Applicable 151 Medora Street PLANNING CONSIDERATIONS: 1. Official Plan Policies The property falls within the Urban Centre (Mixed Use) Designation. Objectives include encouraging commercial development in order to provide economic and employment opportunities in the Township and encouraging the redevelopment of existing properties. Lands designated Mixed Use are intended to provide opportunities for affordable housing, intensification, and commercial activities in proximity to the Core Commercial area. Highway Commercial and Medium Density Residential uses are permitted in this area provided the commercial component proceeds prior to the residential component. Specific policies for Port Carling state that commercial redevelopment will reflect the character of the existing area. This can be accomplished by maintaining setbacks and landscaped front lawns between the road and the buildings, and ensuring that parking is located to the rear of buildings, or offsite. 2. Zoning By-law Provisions The subject property is zoned Community Commercial - Highway (C4). Proposed development complies with the zoning by-law. 3. Site Characteristics Staff inspected the subject property on April 28 th The property has been graded to result in two tiers. The more elevated portion along Medora Street where the proposed development is to occur is largely paved with asphalt. The land then slopes down to the existing Field of Greens store and garage. Although the property is largely devoid of vegetation, a row of conifer vegetation does provide a sufficient buffer between the proposed development and adjacent residential lot. The property is highly visible along Medora Street as one approaches the Commercial Core of Port Carling. 4. Development Proposal A 1,000 sq. ft. footprint, 25.5 foot high commercial building is proposed, with full basement for a total proposed gross floor area of 2,000 sq. ft. An existing retail building of similar size was located on the property and has been recently demolished. Orders had been placed by the Building Department to cease occupation of the building as it was considered unsafe. The proposed building is to be rented out to prospective tenants, so the future use of the building is unknown at this time. Any future use will have to comply with the zoning by-law, including parking requirements. According to the applicant s agent, the basement is most likely to be used as storage. 5. Stormwater Management Pinestone Engineering Ltd. has been retained to review the site plan and visited the property in order to review the existing drainage conditions and assess the likely impact of the proposal. It Page 2 of 4 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 40 of 306

41 is their opinion that as the new building will be located on an existing paved parking lot there will be a negligible affect on peak runoff volumes and flows generated on site as a result of the development. It is also their opinion that substituting roof generated run-off for runoff generated on a parking lot is an improvement with respect to quality control. Sedimentation and erosion control measures are also outlined. 6. Landscaping As stated above, the property and proposed development are/will be highly visible to passerby. It is currently mainly a paved asphalt parking lot. Any landscaping of the site will be a visual improvement. The applicant s agent has stated that flower boxes will be placed on the building. Staff recommends in addition, that at a minimum the two grassed areas (one along Medora Street the other along Bruce Wilson Drive) be planted with shrubs and flowers. Entrances could also be reduced in size to allow some additional plantings. This is a busy intersection, however, and plantings can not obstruct visibility. The former footprint of the demolished building would be a well suited location for some landscaping. 7. Easement An easement in favour of the District of Muskoka runs through the property. According to the applicant s agent, development is permitted over the easement, but if access is necessary buildings would have to be removed. This easement limits potential building locations on the site and the placement of parking areas behind the building, as encouraged through Official Plan policy. 8. Architectural Drawings Architectural drawings have been provided. The proposed structure is, in staff s opinion, a simple tasteful design with covered porch. 9. Parking Sufficient area is available on the site to provide required parking spaces depending on the use. One space is labelled as accessible on the elevated tier and one space on the lower tier of the site. The parking area is already treated with asphalt. 10. District of Muskoka The District of Muskoka Public Works and Engineering Department has been forwarded a copy of the site plan for comments regarding access, water and sewer, etc. We have not received comments as of yet. Staff recommends that approval be conditional on satisfactory comments from this agency. There are large existing entrances off both Medora Street and Bruce Wilson Drive. Municipal water and sewer services are available to the property. 11. Lighting The applicant s agent has indicated that lights will be a combination of pot lights on the building and barn lights for signage, similar to those recently installed on the Home Hardware in Port Page 3 of 4 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 41 of 306

42 Carling. These are dark sky compliant. Standard notation will also be included in the text of the Site Plan Agreement requiring dark sky friendly fixtures and practices. 12. Securities Securities to cover any proposed landscaping should be provided. The value will be minimal. Page 4 of 4 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 42 of 306

43 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 43 of 306

44 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 44 of 306

45 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 45 of 306

46 SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 46 of 306

47 EXISTING STORE MEDORA ST PROPOSED BUILDING SITE BRUCE WILSON DR SPA-13/11, Field of Greens Limited, Part of Lot 30, Concession 4, Parts 5 to 11, 14 on Plan 35R-10935, (Port Page 47 of 306

48 SPA-16/11 MUSKOKA WORLD PEACE CONSULTING CORPORATION / BORNSTEIN SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 48 of 306

49 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 49 of 306

50 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7 th 2011 SUBJECT: SPA-16/11, Muskoka Worldpeace Consulting Corporation/Bornstein, Part of Lot 31, Concession 4, (Port Carling), Parts 1 & 2, Plan RD-452, Part of Lot 21, Plan 1, Roll # s , RECOMMENDATION: That SPA-16/11 (Muskoka Worldpeace Consulting Corporation/Bornstein) be deferred for a Public Information Meeting. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 01/06/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 01/06/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 01/06/11 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Roll # PROPOSAL: Lot Frontage: 261 ft. (Ferndale Rd.), 97 ft. (Medora St.) Lot Area: 0.39 acres Roll # Lot Frontage: 102 ft. (Ferndale Rd.), 100 ft. (Medora St.) Lot Area: 0.55 acres To construct a 10,739 sq. ft. (footprint) mixed use commercial/residential plaza with associated parking. A larger building with a footprint of 9066 sq. ft. and five apartments in the second storey together with a smaller one storey building with a footprint of 1,673 sq. ft. are proposed. Page 1 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 50 of 306

51 BACKGROUND PLANNING DATA Official Plan Designation: By-law Zoning: Urban Centre Core Commercial Community Commercial (C3) Schedule No.: 55 Access: Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Civic Address: Medora Street Community Commercial, Community Residential Not Applicable Not Applicable 120 Medora Street, 122 Medora Street PLANNING CONSIDERATIONS 1. Background A Zoning By-law Amendment (ZBA-39/10) was recently submitted to provide exemptions from a number of provisions of the zoning by-law in order to permit development of the subject property to proceed. This matter went to a Committee of the Whole meeting on December 15 th 2010 and was adjourned for a number of matters, most notably a revised development plan to bring parking and loading spaces closer to compliance with the by-law. The applicant has chosen to submit a revised plan in full compliance with the zoning by-law. As such, the applicant has submitted a Site Plan Application. 2. Official Plan The subject property falls within the Urban Centre Designation, more specifically Core Commercial. Lands designated Core Commercial are intended to function as the primary retail and service commercial centre as well as the focus for administrative, cultural, and recreational activity for the community. The predominant use of land in this designation shall be for retail and general commercial activities, including offices, dining establishments, and places of entertainment. Goals and objectives for the Urban Centre designation include: i) To promote economic growth in Urban Centres, particularly in the downtown Core area, ii) To encourage intensification of existing development consistent with maintaining the essential character of the Urban Centres, iii) To encourage commercial development in order to provide economic and employment opportunities in the Township, iv) To encourage redevelopment of existing, underutilized properties, and the productive use of infill sites in order to promote intensification, v) To recognize the housing needs of both current and future residents, and permanent and seasonal residents, by encouraging alternative forms of housing and affordable housing choices, Page 2 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 51 of 306

52 vi) To foster economic growth by encouraging businesses to locate in Urban Centres and support the expansion of existing businesses, and vii) To maintain and where possible enhance, the vitality and viability of Core areas and main streets of the Urban Centres. Architectural considerations are outlined in Section C.4.3 and direct that streetscape and building facades shall enhance the architectural character of the Urban Centres and ensure the character of the Core area is preserved. Redevelopment of buildings in the Core shall have natural exterior finishes and facades, using materials in keeping with the surrounding natural landscape, and shall be compatible with existing buildings. Section F.7.5 of the Official Plan further outlines architectural guidelines, stating that exterior finishes shall be of a natural appearance, primarily of wood, stone, or materials resembling such. Brick facing will be limited and concrete block and steel finishes, will be discouraged. Architectural features such as dormers, covered porches, open rafter ends, and wooden shakes will be encouraged. Maintaining a low profile of buildings will also be encouraged. General development policies in the Urban Centre regarding access state that sidewalks shall be required on all major streets. With respect to parking, policies state that the adequacy of public parking in the Core Commercial areas shall be addressed during redevelopment. Section C states that natural vegetation will be retained as much as possible to control erosion, attenuate flows, promote infiltration and retain the natural beauty of the property. Section C provides policy on land use compatibility, stating that due to the character of the Urban Centres, a variety of land uses may occur in close proximity to each other provided such uses are, or can be made compatible. Spatial separation, screens and buffers may be used to ensure compatibility. Section C states that the Commercial designation may include residential uses provided they are secondary to a permitted commercial use, and are located either to the rear of the building or on upper storeys. Section C states that commercial uses shall provide adequate off street parking and loading facilities where feasible. Specific policies for Port Carling encourage continued intensification of commercial and residential uses and aim for private redevelopment in the Core to focus on improving and encouraging pedestrian access and travel. Section C.19.8 states that commercial redevelopment will reflect the character of the existing area. This can be accomplished by maintaining setbacks and landscaped front lawns between the road and the buildings, and ensuring that parking is located to the rear of buildings, or offsite. Section C states that upgraded private and public parking facilities are required throughout the Commercial Core. Redevelopment activities in Port Carling will address the need for adequate parking. Section C states that the focus of Port Carling will continue to be the Commercial Core along District Road #118. Retail commercial, in particular, will be encouraged within this area. Section F states that where a commercial property is undergoing significant redevelopment or increased development (e.g. removal and replacement of over ¼ of the Page 3 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 52 of 306

53 existing buildings or an increase in gross floor area of over ¼ of that which is existing) which does not require an amendment to the Official Plan and zoning by-law, Council may require that the public be notified of the proposal in a manner similar to a zoning by-law amendment. 3. Zoning By-law The subject properties are both zoned Community Commercial (C3) permitting the following uses: Clinic, Convenience Store, Multiple Residential, Office, Personal Service Shop, Place of Amusement, Restaurant, Retail Store, and Tavern. Accessory uses permitted include: Dwelling Unit, Multiple Residential, and Office. There are no minimum lot frontage or lot area requirements in a C3 zone, or a limit on lot coverage. Setbacks are 10 feet from all lot lines and the maximum height limitation is 30 feet. The proposed development complies with the zoning by-law in all respects except for the location of loading spaces (see section 10 below) and a staircase proposed over the lot line to connect to Medora Street. This staircase is to be removed. 4. Site Characteristics Staff inspected the subject properties on December 2 nd 2010 and May 10 th Both properties are relatively level along Medora Street, and drop down to a creek closer to Ferndale Road. Topography rises again to Ferndale Road, where the lots are very well treed/vegetated. Existing development consists of a retail store that was recently destroyed by fire and a residence located along Medora Street. Frontage along Medora Street and at the intersection with Ferndale Road is commercial in character, surrounded by numerous commercial establishments, mainly retail and restaurant uses. As one travels along Ferndale Road, the character quickly changes to residential, with residences along the east side of the road. 5. Existing and Proposed Development The property at 120 Medora Street used to contain the M1 retail store, which was approximately 1,445 sq. ft. in size but recently destroyed by fire. A residence, approximately 843 sq. ft. in size, is located at 122 Medora Street. The applicants have submitted a site plan depicting two main buildings; the larger building orientated perpendicular to Medora Street is to have a footprint of 9,065.7 sq. ft. with a full second storey, save and except for a deck of 406 sq. ft. A second smaller building orientated parallel to Medora Street is 1,673.2 sq. ft. in size, and is to have a deck above. The applicants have indicated the lower storeys are to house retail shops, office space, and a restaurant. The upper storey is to contain five apartments and the above mentioned 406 sq. ft. deck. Presuming all apartment units are of the same size, they would each be 1,732 sq. ft. 6. Two Lots The proposed development is situated over what is today two distinct parcels of land, each capable of being separately conveyed. If Committee is considering approval, these lots will have to be merged. According to municipal records, one of the lots is on a plan of subdivision and a deeming by-law will be required. The applicant has indicated a desire to merge the properties, upon a favourable review of the site plan. Page 4 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 53 of 306

54 7. Access The District of Muskoka Public Works and Engineering Department has no comments regarding roads or access. It should also be noted that Ferndale Road lies on a portion of one of the properties, and will need to be dedicated to the District. Pre-consultation has already occurred on these matters, and issues appear to be resolved. 8. Density/Affordable Housing The development proposes five dwelling units in the second storey of the larger building, each presumably 1,732 sq. ft. in size. The zoning by-law currently limits the maximum density of development to 12 units/acre. The proposed development, therefore, complies with density limitations. Official Plan policies encourage intensification and alternative forms of housing and affordable housing choices. Varied housing opportunities are a much needed resource in Port Carling and the Township of Muskoka Lakes. The applicant has in the past stated the intention of marketing the units as affordable housing. With an average size of 1,732 sq. ft., staff questions whether they would now be considered affordable. 9. Parking Parking is always a concern in the Commercial Core of Port Carling. Official Plan policies require that commercial uses provide adequate parking where feasible. According to the numbers submitted (use breakdown/restaurant seating arrangement/etc.), the proposed development meets the parking requirements of the zoning by-law. Staff questions whether a restaurant of the proposed size (5,439 sq. ft.) will only have 50 seats. Four accessible spaces have been designated on the plan. General guidelines look to provide one accessible space for the first 25 parking spaces, and an additional accessible space for every 25 parking spaces thereafter. The amount, therefore, should be sufficient, although staff would prefer if they were more spread out. Sidewalks are situated throughout the development as are ramps. The applicant is proposing to use Turf-Stone pavers in the parking lot instead of asphalt. These pavers facilitate infiltration through openings in the paver and result in a reduced imperviousness. From an environmental standpoint this may be beneficial. This property has, however, had concerns with property standards (grass length) in the past. 10. Loading Area Location The zoning by-law requires that loading areas may only be located in the side or rear yard. The zoning by-law is not completely clear as to whether the property is a corner lot or through lot, and as to which lot line is the front lot line. If Ferndale Road is considered the front lot line, the proposed loading spaces are in the front yard. If Medora Street is the front lot line, the proposed spaces comply with the zoning by-law. This matter has been referred to our solicitor. If found to be in the side or rear yard and in compliance with the by-law, this site plan can proceed. If found to be in the front yard, the applicant would have the ability to proceed with the ongoing zoning by-law amendment to address the matter, or submit a revised site plan showing compliance. If the applicant wishes to Page 5 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 54 of 306

55 proceed with the ongoing zoning by-law amendment application, Committee can pass a resolution to approve circulation of the application, if it so wishes. Realistically, the area along Ferndale Road will function more as a rear yard, and this is most likely the preferred location of loading spaces. However, staff would also prefer not to locate loading areas adjacent to residential uses, with little to no buffering. An area of plantings is shown on the plan. Fencing may also assist in screening activity. 11. Pedestrian Access/Streetscape Official Plan policies aim to improve pedestrian access and travel and enhance the vitality within the Commercial Core. A development of this nature will generate considerable foot traffic, and safe access is of importance. The current design of the development and sidewalk layout in Port Carling would force pedestrians to cross either Ferndale Road or Medora Street and cross a large parking lot to access the building. Staff can begin discussions with the District surrounding the feasibility of a crosswalk at Ferndale Road and/or sidewalks along Medora Street to connect to internal walkways. These can be required of the applicant as part of the development. Staff would also encourage the applicant to consider a building façade situated along Medora Street and Ferndale Road, with parking areas to the rear (and ideally screened from Ferndale Road). The current design presents a large asphalt parking lot to a highly visible and busy corridor. This alternative would, however, create more traffic along Ferndale Road. 12. Surrounding Uses/Compatibility Along Medora Street, compatibility with the proposed commercial uses should not be an issue. As stated above, however, staff does have concerns with potential compatibility issues along Ferndale Road and abutting residential uses. Seven trees and some shrubbery are proposed along Ferndale Road, which should assist with mitigating this concern. Although compatibility may be a concern, this property is located in the Commercial Core, where a high density of commercial development is encouraged and visibility expected. 13. Water and Sewer Municipal water and sewer services are available to the property. The District of Muskoka has stated an agreement respecting the provisions of municipal services between the District and owner will be required. The applicant s agent has acknowledged this requirement. Proposed infrastructure for sanitary sewer and water supply servicing are outlined in the Servicing Brief. 14. Stormwater Management Plan/Servicing Brief A Stormwater Management Plan/Servicing Brief has been submitted by Pinestone Engineering Ltd. in support of the mixed use development. The stormwater management concept for the site includes a combination of roof-top and underground tank storage for peak flow attenuation. All site drainage will be discharged to a proposed storm manhole at the existing storm sewer location along the eastern property limit. The creek which traverses the property is proposed to be intercepted by a storm sewer headwall and piped around the proposed building. Erosion and sediment control measures are also detailed. Page 6 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 55 of 306

56 15. Site Alteration A considerable amount of site alteration and earth moving will be required to proceed with the development. A retaining wall is proposed to be constructed along the west and south sides of the proposed building due to the proposed grade differential between the building finished floor elevation and existing grades along the property lines. According to the Stormwater Management Plan, the majority of trees on the site will be cleared, with the exception of a few along the property limits. 16. Landscaping The property is located in a highly visible location and landscaping and streetscape features are important to create an aesthetically pleasing development. According to the Stormwater Management Plan, the majority of trees on the site will be cleared, with the exception of a few along the property limits. Proposed plantings include 11 trees and shrubbery along Ferndale Road, although it is unclear whether these are new plantings or existing vegetation. The remainder of the site outside building envelopes and parking areas is labelled as landscaped, presumably grassed. A canopy and three benches are proposed at the northern portion of the development. Some additional pedestrian friendly features would be beneficial along Medora Street. As stated above, the current design presents a large asphalt parking lot to a highly visible and busy corridor, although one must take into account that the property is located in the Commercial Core, where a high density of commercial development is encouraged and visibility expected. With this in mind, some additional landscaping and streetscape features should be considered by Committee. 17. Architectural Drawings Architectural drawings have been submitted. The design contains a flat roof with solar panels above. Siding appears to be mainly wood with glass. A large elevated deck is to be situated along Medora Street. In staff s opinion, it would not be considered a design typical of Muskoka. It is debatable whether the design is keeping in character with existing development in the Commercial Core. 18. Lighting No details have been provided regarding lighting fixtures. The Agreement will contain clauses requiring dark sky friendly fixtures and practices. 19. Department Head Comments/Emergency Services The site plan was circulated to department heads for comments. The only concern received was from Richard Hayes, Fire Chief, who would like confirmation that adequate water supply can be provided for fire suppression. This will need to be addressed by the engineer. 20. Garbage Enclosure The garbage enclosure is proposed at the northwest corner of the site. This would appear to be a suitable location. Some fencing to surround the bin(s) would be beneficial. Page 7 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 56 of 306

57 21. Securities Securities will be required for the proposed stormwater management works, paving ( Turf- Stone pavers), and landscaping. No value has been submitted although it is most likely to be substantial. The Township has not collected performance bonds in the past. 22. Public Information Meeting As per Official Plan policy, Council may require that the public be notified of any significant redevelopment or expansion of commercial properties via a Public Information Meeting. This would be considered a significant redevelopment of a highly visible property. Staff recommends that the application be adjourned so that the applicant can host a Public Information Meeting. Page 8 of 8 SPA-16/11, Muskoka World Peace Consulting Corporation/ Bornstein, Part of Lot 31, Concession 4, Page 57 of 306

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66 ZONING BY-LAW REVIEW: RESORT COMMERCIAL UNITS Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 66 of 306

67 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Resort Commercial Units RECOMMENDATION: For Committee s information at this time. APPROVALS: Date Signature Approved By: S. Fahner, Director of Planning 02/06/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 02/06/11 Original signed by W. Schmid EXECUTIVE SUMMARY Resorts are part of the history of development in the Township. They were a precursor to cottage ownership for many people. Resorts are facing many new challenges including an aging population, a high Canadian dollar, difficult economy and increased costs of operations. The modern tourist is demanding larger units. Official Plan policies and the Provincial Policy Statement are supportive of resorts as Employment Areas. Many different forms of tenure are permitted including condominium ownership, fractional ownership, and timeshare. Ensuring the commercial use of resorts and providing units to the travelling public is a challenge. Many condominium unit owners are under the impression they can use the unit as the sole owner and it is only available to them thereby making it a residential use. Since multiple ownership cannot be permitted on a traditional private sewage system, public services systems or private systems with financial safeguards must be put in place. This presents further challenges to the resort and the requirement that the units be commercial. Further matters to be examined include defining commercial / available to the travelling public, further defining a resort commercial unit, evaluating enforcement methods to ensure commercial use while attempting to keep the remaining resorts viable. Page 1 of 6 Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 67 of 306

68 BACKGROUND At the April 18, 2011 Special Council meeting, Council requested staff review the issue of Resort Commercial Units primarily as they relate to size. Staff felt this was also an opportune time to note to Council a number of issues related to Resort Commercial Units such as ownership and zoning by-law provisions. ANALYSIS 1. History Resorts in the Township began in the 1880 s. Some of the early resorts included: the Stratton House (Port Carling), Prospect House (Port Sandfield), Beaumaris Hotel (Beaumaris), Cleveland s House (Minett), and Riverview House (Bala). At one time there were approximately 60 resorts in the Township on the three big lakes alone. Less than 20% of them are in operation today. Many resorts have been a precursor to cottage ownership for many people. Resorts offer a more affordable way to visit Muskoka without the high cost of ownership. Visitors to resorts provide economic spinoff to the area. Resorts are also a significant source for employment. 2. Resort Industry: Changing Demand There are a number of issues affecting the modern resort owner. Life cycle and today s aging population affects activity on resort properties. With fewer younger families there is less need for children s programs and water based activities. Units with a view are becoming even more desirable. Vacation time is becoming shorter. Rarely are resort units booked for two weeks by the same person, in fact, full one week stays are becoming less. Mini vacations are more in vogue. Fewer Americans are coming north of the border to visit. This is due largely to the high Canadian dollar and the poor economy in the U.S. Increased border security and requirements to entire/leave Canada have also contributed. There is an increased demand for new luxury accommodations. There is a significant amount of old infrastructure which is not acceptable for new tourists. Activities either on site or nearby are being sought. Occupancy rates are declining but operating costs generally are not. Obtaining financing can be very difficult. Some lending institutions will not lend money for a seasonal business. Other ways of raising capital are being persued such as condominium ownership or fractional ownership. At this point in time, it is difficult to ascertain the affects of gas prices. For some people, this will be a deterant while others will consider staying in the Province who may have otherwise gone elsewhere. It will, however, affect other costs of operations. 3. Official Plan Policies Township policies related to resorts have always been very supportive. Now with the Provincial Policy Statement, 2005, municipalities must identify Employment Areas and provide protection under planning policy. Under Section B 11.7, resorts are considered an Employment Area Page 2 of 6 Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 68 of 306

69 which cannot be converted except after a Comprehensive Review. Section 1.3 of the P.P.S. is attached along with Section B 11.7 of the Official Plan. At one time the Official Plan permitted resorts to have limited expansion within approved limited detailed in the implementing zoning by-law. The Official Plan now includes a policy permitting expansion beyond the approved limits provided that certain guidelines are followed (Section B 11.6). Various forms of tenure are permitted in the Official Plan. Additional provisions are made for resort commercial condominium units as well as fractional ownership units. Sections B of the Official Plan are attached. The District of Muskoka Official Plan is also very supportive of tourism and resort development. Section C.23 states The tourism sector will be strengthened, enhanced, expanded and diversified by encouraging the upgrading and expansion of existing facilities or operations and establishment of new uses.. Policy C.29 of the District O.P. further states all forms of tenure will be considered for new, expanded or redeveloped resorts within the principles, goals and objectives of this Plan. Regardless of the form of tenure, accommodation units within a resort development will be made available to the travelling public, be operated under central management on location for profit, and will provide ongoing services and recreational facilities normally provided in a commercial setting. A copy of the appropriate sections are attached. 4. Comprehensive Zoning By-law Comprehensive Zoning By-law was an amalgamation of five former zoning by-laws. The by-law also attempted to translate the Official Plan policies, as they related to resorts, and assign development rights. The Official Plan policies, at the time, permitted limited expansion. This term was open to interpretations and appeals to the Ontario Municipal Board were filed. The Board set aside an entire week on resort provisions alone. The first Board decision was rendered on December 29, The decision on the resorts was rendered on April 16, In the updated by-law, a criteria was developed and applied to all resort properties and private camps in the Township. Items taken into account included: existing development, site characteristics, lot size, existing developed area, adjacent uses, buffering, and access. This resulted in four basic categories of zones for resorts in the Waterfront designation. A gross floor area limit for each acre in the zone was established. The option of using gross floor area as opposed to maximum number of units, for example, was to permit flexibility in how the resort wished to develop. In addition, it addressed the massing of buildings where a unit number would not. A resort could utilize most of the gross floor area allotment in units or conference facilities or recreational amenities depending the type of customer they wished to serve. The gross floor area limitation is more restrictive than lot coverage even at 10% lot coverage. By way of example, WC1A4 zone would yield 4000 sq. ft. gross floor area on one acre while 10% lot coverage would yield 4356 sq. ft. ground floor. With a 45 ft. height limitation, this would be over 13,000 sq. ft. (for three storeys). The Ontario Municipal Board in a 41 page decision approved the Zoning scheme. Certain specific provisions were imposed on certain properties, in particular, those which were not operating. The Board s decision, however, did not delve into defining a Unit or limiting the size of a unit. It did, however, speak to the use of a unit and amended the definition of Tourist Resort by adding No Dwelling Unit is permitted within a Tourist Resort except as accessory to the principal permitted use, by way of living accommodation for the manager or owner of the resort and family, and staff quarters for the staff of the resort. Page 3 of 6 Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 69 of 306

70 5. Types of Ownership Ownership of resort units can take a number of forms. A single ownership resort is a traditional resort under one ownership. Members of the travelling public book units for a variety of lengths of time. There is no form of ownership conferred to any members of the travelling public in this case. Examples of this kind of resort includes: Shamrock Lodge and Cleveland s House. Condominium ownership involves a unit owner. The use of the unit must still comply with the requirements of the zoning by-law in which the unit must be available to the travelling public. The owner of the unit is usually entitled to a certain amount of time in the Unit. The question that has been asked for many years is what constitutes available to the travelling public? Condominium is a form of ownership only. It does not constitute the use of the property. Unfortunately, the condominium units are sometimes marketed similar to residential units and people purchasing them sometimes feel they are purchasing a residence. As has been stated by the Ontario Municipal Board, ownership is general not a planning issue. With units in a rental pool and available to the travelling public, the units have interval occupancy (or turnover ) just like a single owner traditional resort. Examples of these types of resorts include: Deerhurst, Grandview Resort, The Rosseau, Touchstone. The Township has attempted to define commercial use in Condominium Agreements. In the case of the Lake Joseph Club, the Registered Owner is limited to 75 days during the Prime Season (June, July, August), 20 days during the Shoulder Season (May, September, October) and 25 days during November, December, January, February, March and April. This mirrored the marketing of the units at the time and was not recommended by staff. In the case of the Rosseau (Red Leaves), the unit owner is limited to a maximum of 30 days in July and August. The remainder of the year is unrestricted. Fractional ownership has become a more popular form of ownership of a unit within the last five years. Fractional ownership involves more than one owner of a unit. Typically, 10 owners purchase five weeks occupancy of a unit. These five weeks are spread throughout the year with one of the weeks in the prime 10 weeks including July and August. The units then turnover every week, no different than a single ownership traditional resort. The purchase of these times leads to additional financial interest in the resort and higher occupancy rates either by the owner or making the unit available in a rental pool. Where ownership can become a land use issue is where someone purchases all of the fractions and comes the sole owner and exclusive user. Section B 11.4 of the Township s Official Plan addresses fractional ownership. A copy of a staff report on Fractional Ownership done in 2003 is attached. 6. Zoning By-law Definitions The definitions currently in Comprehensive Zoning By-law related to Resort Commercial Units include: Tourist Resort: means a commercial establishment under one management designed and used for the travelling or vacationing public, and that has facilities for accommodation and serving meals and drinks and furnishes equipment, supplies or services to persons for recreational purposes. No DWELLING UNIT is permitted within a TOURIST RESORT except as accessory to the principal permitted USE, by way of living accommodation for the manager or owner of the resort and family, and staff quarters for the staff of the resort. Page 4 of 6 Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 70 of 306

71 Accomodation Unit: means a room or suite of rooms used or maintained for the accommodation of the travelling or vacationing public and which does not contain a KITCHEN. Housekeeping Unit: means a room or a suite of rooms maintained for the accommodation of the travelling or vacationing public and equipped with a KITCHEN. Commercial is not a defined term in the zoning by-law neither is available to the travelling public. Although it may seem helpful to define these terms, it would be a challenge to do so. 7. Size of Units Over the years, the demand for larger units has prompted traditional resorts to enlarge their units. A 300 square foot unit with a shared washroom at the end of a hallway is no longer desirable. Such small units (hotel / motel rooms) have been demolished and replaced by larger units as has been seen at Aston Villa (now Touchstone), and Pinelands Lodge (now The Muskokan). Some resorts are renovating rooms by combining them and reducing the numbers, as seen at Windermere House. In recent years, there have been a number new units at various resort properties. These units have ranged considerably in terms of size. At Touchstone, for example, the units in the lodge are approximately sq. ft. while the units in the new buildings range from 1360 sq. ft. to 2250 sq. ft. The units at Red Leaves range from 430 sq. ft. to 1100 sq. ft. At the Muskokan Resort Club, the Phase I units were 2055 to 2835 sq. ft. Clear Lake Village Resort Units are 768 sq. ft. The new Windermere House units are 1620 sq. ft while the units in the lodge are considerably smaller. Under the Comprehensive Zoning By-law, size of units can be limited. If the Township wishes to see resorts flourish, care must be taken to not be too restrictive in size. With that said, smaller units would reduce the possibility of the unit from being used for residential purposes. To staff s knowledge, there are no zoning by-law in the Province that limits the size of a unit in a resort 8. Lock Out Units To assist in resorts being able to be flexible in their offerings to the travelled public, some have used the concept of Lock Out units. The entire unit would be comprised of a living area, kitchenette, washrooms and three bedrooms. One could, however, rent one or two individual resort rooms (bed/sitting room) or have a suite with one, two, or three bedrooms. How this works physically in the building is the entrance/vestibule would have a series of doors. Keys would be appropriately issued as per the type of room/suite that was reserved. Any definition of unit that staff is aware of, including the Township s Comprehensive By-law, refers to unit as a room or suite of rooms. Staff is not aware of Lockout Units used in a resort in the Township although Grandview Resort in Huntsville is a good example of one that does. Page 5 of 6 Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 71 of 306

72 9. Servicing In regards to servicing of resort properties, the District of Muskoka has detailed policies in their Official Plan. Single owner resorts (traditional resorts) are permitted to be serviced by a private system subject to approval from the Ministry of the Environment. Resorts which choose to use condominium registration are subject to a much more stringent set of requirements. Since this is a form of communal servicing, the municipality has a liability to ensure that the system remains operable and safe. As such District policy requires reserve funds and ongoing maintenance. Section H.28 of the District Official Plan is attached. The policies are very restrictive and have made it difficult for resorts to redevelop. Having a reserve fund for 100% of the value of the works in place within 10 years is a challenge. 10. Enforcement Enforcement of length of stay in a Resort Unit can be difficult. The municipality has attempted to require a registry of who occupies units but has been rebuffed with claims of contravention of privacy legislation. Section 49 of the Planning Act permits entry and inspection of property where it is believed there is a contravention to the zoning by-law. If a structure is being used as a dwelling, entry may only be made after obtaining consent of the occupier or under the authority of a search warrant. 11. Future Steps In addressing Resort Commercial Units, a number of items need to be reviewed in detail: Defining Commercial / Available To the Travelling Public. Clarifying Who the Travelling Public is. Defining a Resort Commercial Unit. Determining Enforcement Methods to Ensure Commerciality of Resorts. Providing flexibility to enhance resorts. Page 6 of 6 Report from the Director of Planning, Re: Zoning By-law Review, Resort Commercial Units Page 72 of 306

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93 ZONING BY-LAW REVIEW: ROOMING HOUSES Report from the Director of Planning, Re: Zoning By-law Review, Rooming Houses Page 93 of 306

94 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Rooming Houses RECOMMENDATION: For Committee s information at this time. APPROVALS: Date Signature Approved By: S. Fahner, Director of Planning 01/06/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 01/06/11 Original signed by W. Schmid BACKGROUND Rooming Houses have become an issue in the Township with the construction of three staff houses in in Bala and Port Carling, along with the purchase of residences for staff housing purposes. Running parallel to this is the issue of affordable housing and the provision of staff accommodation. In 2008, an Interim Control By-law was passed which was subsequently renewed in A Background Report was prepared by staff which led to policies being incorporated in the Official Plan. A copy of the Background Report and Official Plan policies is attached. Now a new Comprehensive Zoning By-law is being considered. The provisions affecting Rooming Houses have been initially proposed. A copy of the proposed provisions and definition is attached. ANALYSIS Without repeating the actual proposed provisions in the zoning by-law, the provisions address: Definition of Rooming House Zones to be Permitted Minimum Distance Separation Landscaped Open Space/Buffer Setbacks Lot Size Parking Maximum Size of Rooming Houses Size / Number of Rooms Page 1 of 2 Report from the Director of Planning, Re: Zoning By-law Review, Rooming Houses Page 94 of 306

95 These matters are all proposed in the zoning by-law although there is specific direction in the Official Plan. This direction relates to size of Rooming Houses. All other matters are general. Although the policy states Large Rooming Houses shall be permitted in all zones permitting residential dwellings, it further states this is subject to location criteria detailed in an implementing zoning by-law. There has been some discussion about limiting Large Rooming Houses to frontage on District Roads. This can be done in the implementing zoning by-law and is not limited by the zoning by-law. A copy of Section C 11.7 is attached. In addition, consideration in the future should be given to a Licensing By-law under the Municipal Act. This would address safety concerns for both the inhabitants and the neighbours. It would permit the municipality to also inspect the premises on a regular basis. Page 2 of 2 Report from the Director of Planning, Re: Zoning By-law Review, Rooming Houses Page 95 of 306

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155 WALLACE MARINE Report from the Senior Planner, Re: Return of Securities, Wallace Marine, Roll # Page 155 of 306

156 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7 th 2011 SUBJECT: Return of Securities, Wallace Marine Ltd., Roll # RECOMMENDATION: Be it resolved that the security for Wallace Marine Ltd. be reduced to $84, APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 31/05/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 31/05/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 31/05/11 Original signed by W. Schmid BACKGROUND As part of Site Plan SP-64/07 (Registered February 12 th 2008), a security in the amount of $208, was filed with the Township. This site plan approved the redevelopment of the site which included a new restaurant, marina workshop and showroom, and associated accessory structures (washroom, boardwalk, etc.). The security is held in the form of a Letter of Credit for the purposes of paving, stormwater management, and landscaping. More recently, SPA-07/11 was approved by Council and registered on May 11 th 2011 for further development on the site (burger shack, bakery, etc.). As part of this development, the large parking area on the site was no longer to be paved with asphalt. Not requiring asphalt has substantially reduced the required security. ANALYSIS As stated above, the Township holds $208, in order to ensure the completion of paving, stormwater management works, and landscaping. Due to the removal of asphalt paving, outstanding engineering work amounts to $45, Outstanding landscaping work amounts to $38, The total required security, therefore, is $84, The difference of $124, should be returned. These estimates have been provided by Pinestone Engineering Ltd. Page 1 of 1 Report from the Senior Planner, Re: Return of Securities, Wallace Marine, Roll # Page 156 of 306

157 MINUTES MUSKOKA LAKES HERITAGE COMMITTEE FRIDAY, MAY 6, 2011 The first meeting of the Muskoka Lakes Heritage Committee was held in Toronto on Friday, May 6, 2011 at 2:40 p.m. Present: Chair: Members: Others: Regrets: Councillor Ruth Nishikawa Tom Millar, Anne Polewski, Sandy Tozer Spence Bruno Polewski Councillor Allen Edwards 1. Call the meeting to order The meeting was called to order by Chair Ruth Nishikawa at 2:40 pm. 2. Board Positions The Chair and the Committee members discussed the need to have someone take on the duties of Treasurer and someone to become Secretary. Tom Millar agreed to become Treasurer and Sandy Tozer Spence agreed to become Secretary. 3. Terms of Reference All new members discussed how they appreciated being chosen to sit on this newly formed Heritage committee and how honoured they felt to be able to work on heritage issues. They agreed they are all energized and ready to make a meaningful contribution to the Muskoka Lakes area. The members look forward to developing a work program for this committee. 4. New Business a) History of the Heritage Committee Chair Nishikawa gave a brief history of the previous Heritage Committee at the Township level. The original committee was formed in 2003 as requested by then-mayor Susan Pryke. The committee consisted of 8 members. Unfortunately, it disbanded in 2004 (2005?) and the members formed the Muskoka branch of the Architectural Conservancy of Ontario. In 2011 the newly appointed council of the Township of Muskoka Lakes decided to re-establish this advisory committee. b) Selection of Sites to be Designated Chair Nishikawa led a discussion regarding sites that the committee might consider designating as heritage properties. The members discussed sites in Windermere, Port Carling and Bala. Chair Nishikawa showed the group previous correspondence to the Township, dating back to 2008, regarding Muskoka Lakes Heritage Committee Meeting Minutes - May 6, 2011 and May 15, Page 157 of 306

158 heritage designation requests in Bala. It was agreed that our focus should be to continue to work on the Bala sites first; then move on to Port Carling, Windermere, etc. All agreed that the following six Bala sites should have heritage designation: 1. Bala Township Dock (on the Lake Muskoka side) 2. Burgess Island 3. The Shield Parking Lot 4. The Cenotaph 5. Burgess Park 6. Town Dock at historic Tooke House (on Portage Street) Chair Nishikawa will draft a letter to Council asking these six sites be given heritage designation. She will then present this letter to the Committee of the Whole on Tuesday, May 17, c) Request From Council It was decided to ask the Township of Muskoka Lakes for their past Heritage Committee meeting minutes and a list of designated properties as well as future designated properties. 5. Fundraising Ideas It was discussed that the Heritage Committee would join the Muskoka Heritage Foundation at a fundraiser July 30 th in Bala. The Glenn Miller Band will be performing at the Kee to Bala. A percentage of the sales would benefit the committee. 6. Education Session Tom Millar suggested the committee hold an education session to help new members become informed and educated on heritage terms. Chair Nishikawa agreed and suggested we invite Ms. Liz Lundell of the Muskoka branch of the ACO to our next meeting. The committee welcomed the proposal. 7. Next Meeting The next meeting of the Muskoka Lakes Heritage Committee to be held on Sunday, May 15, 2011 at 11 a.m. in the Bala Community Centre. 8. Adjournment Consideration of a resolution to adjourn Moved by: Anne Polewski Seconded by: Sandy Tozer Spence The meeting adjourned at 4:10 p.m. Minutes Approved May 15, Moved by Tom Millar Seconded by Ruth Nishikawa Muskoka Lakes Heritage Committee Meeting Minutes - May 6, 2011 and May 15, Page 158 of 306

159 MINUTES MUSKOKA LAKES HERITAGE COMMITTEE SUNDAY, MAY 15 th, 2011 The second meeting of the Muskoka Lakes Heritage Committee was held in Bala on Sunday, May 15, 2011 at 10 a.m. Present: Chair: Vice Chair: Members: Others: Councillor Ruth Nishikawa Councillor Allen Edwards Tom Millar, Anne Polewski, Sandy Tozer Spence Rick Spence 1. Call the meeting to order The meeting was called to order by Chair Nishikawa at 11:40 a.m. after a walkabout in the town of Bala which began at 10 a.m. 2. Adoption of Minutes The minutes of our last meeting were approved on a motion by Tom Millar, seconded by Chair Nishikawa. 3. New Business a) Discussion about our tour of Bala Chair Nishikawa lead a walking tour of Bala. She gave background history of many of the buildings and interesting information about the town s overall history. The tour started across from Don s Bakery and proceeded to the Bala town dock and park, the cenotaph, Bala Falls Rd. and Walker Rd., circling back to Burgess Park. One of our stops was Purk s Place. The owner, Bill Purkis, provided a tour of his waterfront property and described the history of the building, its previous owners and interesting facts about his place. After touring the downtown area of Bala, all committee members agreed that the six sites the committee has proposed for heritage designation are all important sites to be protected. b) Process of Designating Heritage Sites Chair Nishikawa described how to have a site designated as a heritage site. This led to reviewing the letter drafted by Chair Nishikawa addressed to the Township asking for 6 sites in Bala to be designated. It was moved by Tom Millar that the letter be sent to the Township; seconded by Anne Polewski. c) Public Meeting Chair Nishikawa suggested that a public meeting be held this summer to inform the public of the existence and purpose of the heritage committee, and receive public input as to the historic sites/buildings they would like to see protected. It was agreed the Port Carling Community Centre would be a good location. Muskoka Lakes Heritage Committee Meeting Minutes - May 6, 2011 and May 15, Page 159 of 306

160 4. Education Update Chair Nishikawa is trying to set up a meeting for the committee with Catherine Nasmith and/or Liz Lundell. Both these individuals are actively involved in the Architectural Conservancy of Ontario and would be excellent presenters, and educators, for the committee. 5.Next Meeting The next meeting of the Muskoka Lakes Heritage Committee to be held Monday, May 30 th or Tuesday, May 31 st. To be confirmed at a later date. 6.Adjournment Consideration of a resolution to adjourn Moved by: Sandy Tozer Spence Seconded by: Vice Chair Allen Edwards The meeting adjourned at 12:15 p.m. Muskoka Lakes Heritage Committee Meeting Minutes - May 6, 2011 and May 15, Page 160 of 306

161 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 6, 2011 SUBJECT: Request to meet with Minister of Municipal Affairs and Housing Re: Train Service to Muskoka, Green Energy Act and Municipal Conflict of Interest Act. RECOMMENDATION: That Township Council support the Mayors request to meet with the Minister of Municipal Affairs and Housing, the Honourable Rick Bartolucci to discuss matters relating to passenger train service to Muskoka, the effect of the Green Energy Act on local municipal planning authority and the Municipal Conflict of Interest Act. APPROVALS: Date Signature Submitted By: Walt Schmid, CAO June 6, 2011 Original signed by W. Schmid ORIGIN: BACKGROUND: Office of the Mayor Mayor Murphy has expressed a desire to meet with the Minister of Municipal Affairs and Housing to discuss 1) Passenger train service to Muskoka, 2) The effect that the Green Energy Act has on local municipal planning authority and, 3) The Municipal Conflict of Interest Act. FINANCIAL N/A Report from the CAO Re: Train Service to Muskoka, Green Energy Act and Municipal Conflict of Interest Act. Page 161 of 306

162 COMMITTEE OF THE WHOLE REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7th, 2011 SUBJECT: Burgess 1 Hydro Station, RFP Proposal RECOMMENDATION: 1) That a working group comprised of the Mayor and the Chairs of Finance, Administration and Economic Development, as well as the CAO, be established to develop a Request for Proposal for the lease of the Burgess 1 Hydro Generating Facility in Bala. APPROVALS: Date Signature Submitted By: Walt Schmid, CAO 2011/07/06 Original signed by W. Schmid ORIGIN: BACKGROUND: Office of the CAO. Algonquin Power has indicated to the Township that they wish to end their lease of the Township owned, Burgess 1 Hydro Facility. The Township has been approached by CSC Electrique and Muskoka Community Energy div. of Bala Energy Cooperative Inc. Both parties have expressed interest in entering into a lease agreement with the Township for the Burgess 1 Plant. There may be other parties interested in the operation of the plant as well. Having reviewed the Township s Procurement Policy, it is recommended that a Request for Proposal be undertaken as the most appropriate means of advancing this issue. Algonquin Power has been contacted to confirm their continued position on this issue. At the time of writing this report Algonquin is preparing correspondence to the Township reaffirming its position. It is recommended that a working group be established to develop the RFP. It is suggested that the Mayor, Chairs of Finance, Administration and Economic Development together with the CAO comprise the working group. FINANCIAL: None at this time. Report from the CAO Re: Burgess I Hydro Station, Request for Proposal. Page 162 of 306

163 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: CORRESPONDENCE FROM THE TOWN OF BRACEBRIDGE RECOMMENDATION: That the Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes support the resolution passed by the Council of the Town of Bracebridge on May 4, 2011, requesting the Government of Ontario to create a new Infrastructure Investment Fund to provide predicable and sustainable funding to support construction and maintenance of municipal transportation infrastructure in the future; And further that the Government of Ontario give consideration to directing a portion of HST revenue derived from gasoline and diesel sales to support the new infrastructure funding mechanism for municipalities. APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk 01/06/11 Original signed by C. Mortimer Acknowledged: Walt Schmid, CAO 01/06/11 Original signed by W. Schmid EXECUTIVE SUMMARY: Based on the submission from the Town of Bracebridge regarding municipal transportation infrastructure funding, it is recommended that the Township of Muskoka Lakes support their May 4, 2011 resolution in this regard. ORIGIN: Correspondence has been received from the Town of Bracebridge regarding funding to support future construction and maintenance of municipal transportation infrastructure, a copy of which is attached. BACKGROUND: We have received correspondence from the Town of Bracebridge advising that a resolution was passed at their May 4, 2011 Council meeting regarding funding to support future construction and maintenance of municipal transportation infrastructure. Report from the Clerk Re: Correspondence from the Town of Bracebridge. Page 163 of 306

164 Page 2 Report Re: Town of Bracebridge Correspondence The Town is requesting the Government of Ontario to create a new Infrastructure Investment Fund to provide predicable and sustainable funding, accessible by all municipalities, to support construction and maintenance of municipal transportation infrastructure in the future. The Town is also requesting that the Government of Ontario consider directing a portion of HST revenue derived from gasoline and diesel sales to support the new infrastructure funding mechanism for municipalities. Mayor Murphy and Councillor McTavish have requested that this resolution be considered for support by the Township of Muskoka Lakes. FINANCIAL: NA Report from the Clerk Re: Correspondence from the Town of Bracebridge. Page 164 of 306

165 Report from the Clerk Re: Correspondence from the Town of Bracebridge. Page 165 of 306

166 Report from the Clerk Re: Correspondence from the Town of Bracebridge. Page 166 of 306

167 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: CORRESPONDENCE FROM THE TOWNSHIP OF NORTH STORMONT RECOMMENDATION: That the Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes support resolution #274 passed by the Council of the Township of North Stormont on May 24, 2011, by matching their donation of $ to the Town of Slave Lake, Alberta, to help rebuild their community that was recently ravaged by wildfires. APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk 01/06/11 Original signed by C. Mortimer Acknowledged: Walt Schmid, CAO 01/06/11 Original signed by W. Schmid EXECUTIVE SUMMARY: ORIGIN: BACKGROUND: Based on the submission from the Township of North Stormont regarding the wildfires that ravaged Slave Lake, Alberta, it is recommended that the Township of Muskoka Lakes support their May 24, 2011 resolution by donating $ to the Town of Slave Lake. Correspondence has been received from the Township of North Stormont regarding the wildfires that ravaged Slave Lake, Alberta, a copy of which is attached. We have received correspondence from the Township of North Stormont advising that resolution #274 was passed at their May 24, 2011 Council meeting regarding the wildfires that ravaged the community of Slave Lake, Alberta. The Township passed a resolution to authorize a donation of $ to the Town of Slave Lake to help compensate them in their recent fire. The Township has also requested that all other Ontario Municipalities match the donation. Mayor Murphy and Councillor Burgess have asked that this request be considered for support by the Township of Muskoka Lakes. FINANCIAL: $ To be allocated from Council Purchase of Goods and Services. Report from the Clerk Re: Correspondence from the Township of North Stormont. Page 167 of 306

168 Cheryl Mortimer From: Sent: To: Subject: Ginette Martin-Stephan Monday, May 30, :10 AM Baldwin, Township of; Addington Highlands, Township of; Barrie Island, Township of; Barrie, City of; Bayham, Municipality of; Berwith, Township of; Billings, Township of; Black River - Matheson, Township of; Blandford - Blenheim, Township of; Blind River, Town of; Bonfield, Township of; Bonnechere Valley, Township of; Bracebridge, Town of; Bradford West Gwillimbury, Town of; Brantford, City of; Brethour, Township of; Brighton, Municipality of; Brockton, Municipality of; Brockville, City of; Brooke-Alvinston, Township of; Bruce Mines, Town of; Bruce, County of; Brudenell, Lyndoch and Raglan, Township of; Burk's Falls, Village of; Burlington, City of; Burpee and Mills, Township of; Callander, Municipality of; Calvin, Township of; Cambridge, City of; Carling, Township of; Central Elgin, Municipality of; Central Frontenac, Township of; Central Manitoulin Waste Management Coordinator; Centre Wellington, Township of; Chamberlain, Township of; Chapleau, Township of; Chapple, Township of; Charlton and Dack, Municipality of; Chatsworth, Township of; Chisholm, Township of; Clarence - Rockland, City of; Clarington, Municipality of; Clearview, Township of; cmortimer@muskokalakes.ca; Cobalt, Town of; Cobourg, Town of; Cochrane, Town of; Cockburn Island, Township of; Collingwood, Town of; Conmee, Township of Township of North Stormont - Resolution TOWNSHIP OF NORTH STORMONT May 27, 2011 To All Ontario Municipalities: RE: Resolution on the wildfires that ravaged the community of Slave Lake, Alberta The Township of North Stormont passed Resolution # 274 at a recent meeting of Council, May 24, It was duly moved by Councillor Richard Neville and seconded by Councillor Tammy McRae that Council authorize donation of $ to Town of Slave Lake to help compensate Report from the Clerk Re: Correspondence from the Township of North Stormont. 1 Page 168 of 306

169 them in their recent fire and that this resolution be forwarded to all other Ontario Municipalities and that they be asked to match this donation. Thanking you all in advance for your donation. Yours truly, Ginette Martin-Stephan Deputy Clerk Tel: (613) Toll-Free: Fax: (613) Website: Ginette Martin-Stephan Deputy Clerk Township of North Stormont P.O.Box 99, 15 Union Street Berwick, ON K0C 1G0 Phone (613) Toll Free Fax (613) Ginette Martin-Stephan Deputy Clerk Township of North Stormont P.O.Box 99, 15 Union Street Berwick, ON K0C 1G0 Phone (613) Toll Free Fax (613) Report from the Clerk Re: Correspondence from the Township of North Stormont. 2 Page 169 of 306

170 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Request to purchase a portion of Township Road Allowance (known as Ramsden Road) lying in Concession 5, Lot 9 (Wood) GREENIAUS, RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the application by Kent and Kathryn Greeniaus ( ) to purchase a portion of the Township Road Allowance (known as Ramsden Road) lying in Concession 5, Lot 9, (Wood), subject to the conditions provided in Township Council Policy C-LS-08 for the Sale of Road Allowances and that the rate of $5, per acre be payable to the Township by the applicants. APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 31/05/11 Original Signed By R. Jeffries Approved By: Cheryl Mortimer, Clerk 31/05/11 Original Signed By C. Mortimer Acknowledged: W. Schmid, CAO 31/05/11 Original Signed By W. Schmid EXECUTIVE SUMMARY: Based on the submission of an application by Kent and Kathryn Greeniaus to purchase a portion of Township Road Allowance, and pursuant to Township Council Policy C-LS-08 for the Sale of Road Allowances, it is recommended that the application receive approval. ORIGIN: BACKGROUND: An application to purchase a portion of a Township Road Allowance (known as Ramsden Road), shown cross-hatched on the map attached, lying in Concession 5, Lot 9 (Wood) has been received from Kent and Kathryn Greeniaus. The applicants are required to install a new septic system. The existing system is currently encroaching on the Township Road Allowance known as Ramsden Road. The Septic System Building Inspector advises that the area of the lot is extremely restrictive and replacing the sewage system so it is wholly contained on the Greeniaus Property, to meet Ontario Building Code Regulation , may not be possible without acquiring additional lands (a portion of the existing road allowance) as shown on the attached Plan M-135. Alternatively, a license Report from the Clerk Re: Application to purchase a portion of the the Township Road Allowance (known as Page 170 of 306

171 agreement for the septic system encroachment could be entered into. The Public Works Superintendent advises that Ramsden Road is a Township Road that is 40 foot wide road and is privately maintained. At the end of this road it widens by 20 feet on either side giving it a width of 80 feet. We are recommending that the applicants request be granted for the following reasons: 1. The applicants own all the property directly abutting the portion of Township road allowance requested to be closed. 2. Closing the above noted road allowance does not prejudicially affect the property owner to either side of the applicants property. 3. The applicants are required to install a new septic system on their property. Access: Municipal Road privately maintained Civic Address: 1058 Ramsden Road Extent: Acreage pending a survey Property Unit Class: RDU Recreational Dwelling Unit Staff Comments: The Development Services Coordinator, Public Works Superintendent and Director of Planning have no objection to this application. The Director of Planning advises that a deeming by-law is required to join the portion of Township road allowance to the applicants property as it is on a registered plan of sub-division (Plan M135, Lot 16). FINANCIAL: Income based on the recommended charges is yet to be calculated. This application was submitted prior to the policy rates being amended. Report from the Clerk Re: Application to purchase a portion of the the Township Road Allowance (known as Page 171 of 306

172 Report from the Clerk Re: Application to purchase a portion of the the Township Road Allowance (known as Page 172 of 306

173 Report from the Clerk Re: Application to purchase a portion of the the Township Road Allowance (known as Page 173 of 306

174 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Declaration of Surplus Land Relph ( ). RECOMMENDATION: That Committee of the Whole recommend that the Township of Muskoka Lakes declare the following Township owned land to be surplus: A portion of flooded Closed Original Shore Road Allowance lying in front of Lot 34, Concession 2 (Watt) Lake Rosseau designated as Part 1 on Reference Plan 35R-23515, RELPH, And further that the Clerk is hereby instructed to dispose of the said property pursuant to Section 8, 9 and 11 of the Municipal Act, APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 31/05/11 Original Signed By R. Jeffries Approved By: Cheryl Mortimer, Clerk 31/05/11 Original Signed By C. Mortimer Acknowledged: W. Schmid, CAO 31/05/11 Original Signed By W. Schmid EXECUTIVE SUMMARY: ORIGIN: Based on Standard 1. of Township Policy C-LS-01 (Sale and Other Disposition of Land) and the Standards of Township Policy C-LS-09 (Sale of Flooded Land) it is recommended that the Township declare the above referenced flooded land to be surplus. Copies of the relevant maps are attached for your information. Prior to passing Shore Road Closing By-law (Relph) scheduled for Council on June 27, 2011, the Township must declare the land to be surplus pursuant to Township Policy C-LS-01. BACKGROUND: RELPH ROLL # LAKE ROSSEAU Shore Road Closing By-law was passed on May 8, 2000 to stop up, close and convey the Original Shore Road Allowance (conveyance of unflooded portions only). The current property owners, Brian and Ellen Relph, are Report from the Clerk Re: Declaration of Surplus Land - Relph ( ). Page 174 of 306

175 purchasing the Crown Lake Bed beneath the two storey boathouse from the Ministry of Natural Resources. They require a portion of flooded shore road allowance immediately abutting the Crown Lake Bed for the process to proceed. The sale of the flooded land is permitted pursuant to Township Policy C-LS-09 when property owners are purchasing the Crown Lake Bed where their 2 storey boathouse is situated. FINANCIAL: Consideration for the Relph Flooded portion of Original Shore Road Allowance will be $99.00 ($0.90 X 110 square feet). This application was submitted prior to the policy rate changes. Report from the Clerk Re: Declaration of Surplus Land - Relph ( ). Page 175 of 306

176 RMSTRONG RMSTRONG RMSTRONG RMSTRONG RMSTRONG RMSTRONG RMSTRONG RMSTRONG RMSTRONG PT PT PT PT PT PT PT PT PT RD RD RD RD RD RD RD RD RD MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD W RELPH PROPERTY Arthurlie Bay 1111 SHENNAMERE RD 1095 SHENNAMERE RD SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE RD RD RD RD RD RD RD RD RD 1110 SHENNAMERE RD SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE RD RD RD RD RD RD RD RD RD CRANBE Brac PROSPECT I. B (R18A) SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE RD PENNEY PENNEY PENNEY PENNEY PENNEY PENNEY PENNEY PENNEY PENNEY RD RD RD RD RD RD RD RD RD AVV VEE E 1 ST ST ST ST ST ST ST ST ST STST ST ST ST T MAN MAN MAN MAN MAN MAN MAN MAN MAN RD RD RD RD RD RD RD RD RD N RD RDRD RD RD RD RD RD ARMSTRONG POINT RD LOCK ST W. WEST WEST WEST WEST WEST WEST WEST WEST WEST ST ST ST ST ST ST ST ST ST P PELLETIER LANE CROUCHER LANE TODHOLM TODHOLM TODHOLM TODHOLM TODHOLM TODHOLM TODHOLM TODHOLM TODHOLM DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE 3164 MUSKOKA RD 118 W CONCESSION MEDORA ST SCOBIE DR DALTON DR BAILEY BAILEY BAILEY BAILEY BAILEY ST ST ST BAILEY BAILEY BAILEY BAILEY ST ST ST ST ST ST HARRIS HARRIS HARRIS HARRIS HARRIS HARRIS HARRIS HARRIS HARRIS ST ST ST ST ST ST ST ST ST Indian PINET REE LANE INDIAN INDIAN INDIAN INDIAN INDIAN INDIAN INDIAN INDIAN INDIAN CRES CRES CRES CRES CRES CRES CRES CRES CRES ISLAND PARK RD OAK ST JOSEP JOSEP JOSEPH JOSEP JOSEPH JOSEPH H H ST ST ST ST ST ST ST ST ST DUKE DUKE DUKE DUKE DUKE ST ST ST DUKE DUKE DUKE DUKE ST ST ST ST ST ST INDIAN POINT RD Indian Indian River Indian River River MEDORA ST MAPLE ST BAILEY BAILEY BAILEY BAILEY BAILEY BAILEY BAILEY BAILEY BAILEY ST ST ST ST ST ST ST ST ST INDIAN INDIAN CR CR CR INDIAN INDIAN CR CR CR LOCK ST E. 32 JOSEPH JOSEPH JOSEPH JOSEPH JOSEPH JOSEPH JOSEPH JOSEPH JOSEPH ST ST ST ST ST ST ST ST ST MIRROR MIRROR MIRROR MIRROR MIRROR MIRROR MIRROR MIRROR MIRROR LK DR MIRROR LAKE DR 33 OAK ST MASON MASON MASON MASON LANE LANE LANE MASON MASON MASON MASON LANE LANE MASON LANE LANE LANE LANE McMULLEN McMULLEN McMULLEN McMULLEN McMULLEN McMULLEN McMULLEN DR DR DR DR McMULLEN McMULLEN DR DR DR DR DR JOHNSTON JOHNSTON JOHNSTON JOHNSTON JOHNSTON JOHNSTON JOHNSTON JOHNSTON JOHNSTON ST ST ST ST ST ST ST ST ST SILVER ST 31 JOSEP JOSEPH JOSEPH JOSEP JOSEPH JOSEPH JOSEPH H H H ST ST ST ST ST ST ST ST ST Forman Narrows Mirror Lake Mirror Lak e LAKEVIEW PARK I. 35 DARLING DRIVE OMINECA ROAD HIAWATHA LANE STEPHEN STE RD SILVER SILVER LAKE LANE SILVER LAKE LAKE LANE LANE STEPHEN RD STEPHEN STEPHEN STEPHEN STEPHEN STEPHEN STEPHEN STEPHEN STEPHEN STEPHEN RD RD HARRIS ST FOREMAN FOREMAN FOREMAN FOREMAN FOREMAN FOREMAN FOREMAN FOREMAN FOREMAN RD RD RD RD RD RD RD RD RD MCMULLEN DR FO FO FO FO FO FO FO FO FO Silv er Lake 3164 Canoe Cut ISLAND ISLAND PARK PARK RD RD RD ISLAND PARK RD HIAWATHA LN JOSEPH ST Silver Lake OMINECA OMINECA OMINECA OMINECA OMINECA OMINECA OMINECA OMINECA OMINECA RD RD RD RD RD RD RD RD RD MR 118 W BONNET I. ONAWAY I. (R21) ISLE D'OR (R20) 1155 STEPHEN RD MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W NWOOD RD PENNWOOD PENNWOOD PENNWOOD PENNWOOD PENNWOOD PENNWOOD PENNWOOD PENNWOOD PENNWOOD RD RD RD RD RD RD RD RD RD MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W W W W W W W W W MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W RELPH PROPERTY Arthurlie Bay 35 4 LOT 34 BASS I. (R19) BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG RD RD RD RD RD RD RD RD RD BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG RD LOT 33 2 GUIDE I. (R17) SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE SHENNAMERE RD RD RD RD RD RD RD RD RD CONCESSION 2 EUPHEMIA I BRACKENRIG BRACKENRIG RD RD CRANBERRY I. 33 Brack enrig Bay 'E' I. PROSPECT I. (R18B) (R18A) ECHO I. (R18) 33 MUSKOKA RD 118 W RD BOYCE BOYCE BOYCE BOYCE BOYCE BOYCE BOYCE BOYCE BOYCE RD RD RD RD RD RD RD RD RD BOYCE 1413 BRACKENRIG RD BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG RD RD RD RD RD RD RD RD RD EL-KEE EL-KEE EL-KEE EL-KEE EL-KEE EL-KEE EL-KEE EL-KEE EL-KEE PT PT PT PT PT PT PT PT PT LN LN LN LN LN LN LN LN LN 32 BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG RD RD RD RD RD RD RD RD RD BRACKENRIG SCOUT TL BRANDY BRANDY BRANDY BRANDY BRANDY BRANDY BRANDY BRANDY BRANDY CREST CREST CREST CREST CREST CREST CREST CREST CREST RD RD RD RD RD BRACKENRIG RD Brandy Lake MUSKOKA RD 118 W 30 BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG BRACKENRIG RD RD RD RD RD RD RD RD RD 29 BRACKENRIG BRACKENRIG RD RD 32 BRACKENRIG RD ENRIG ENRIG ENRIG ENRIG ENRIG ENRIG ENRIG ENRIG ENRIG RD RD RD RD RD RD RD RD RD BRACKENRIG CENTRE RD S 28 FALKENBURG RD BUTTLER RD BUTTLER RD W MUSKOKA RD 118 W liff MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W 27 2 BROWN R MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD Report from the Clerk Re: Declaration of Surplus Land - Relph ( ). 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177 Report from the Clerk Re: Declaration of Surplus Land - Relph ( ). Page 177 of 306

178 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Declaration of Surplus Lands LAMERTON ( ) and TOTAL REAL ESTATE INC./PERRY ( ). RECOMMENDATION: That Committee of the Whole recommend that the Township of Muskoka Lakes declare the following Township owned lands to be surplus: A portion of Original Shore Road Allowance lying in front of Lots 11 & 12, Concession 8 (Watt) Three Mile Lake designated as Part 8 on Reference Plan 35R-23207, LAMERTON, A portion of Original Shore Road Allowance lying in front of Lot 29, Concession 13 (Monck) Lake Muskoka designated as Part 2 on Reference Plan 35R-23504, TOTAL REAL ESTATE INC./PERRY, And further that the Clerk is hereby instructed to dispose of the said properties pursuant to Section 8, 9 and 11 of the Municipal Act, APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 31/05/11 Original Signed By R. Jeffries Approved By: Cheryl Mortimer, Clerk 31/05/11 Original Signed By C. Mortimer Acknowledged: W. Schmid, CAO 31/05/11 Original Signed By W. Schmid EXECUTIVE SUMMARY: ORIGIN: Based on Standard 1. of Township Policy C-LS-01 (Sale and Other Disposition of Land) and the Standards of Township Policy C-LS-08 (Sale of Original Shore Road Allowances) it is recommended that the Township declare the above referenced lands to be surplus. Copies of the relevant maps are attached for your information. Prior to passing Original Shore Road Closing By-laws (Lamerton) and (Total Real Estate Inc./Perry) scheduled for Council on June 27, 2011, the Township must declare the lands to be surplus pursuant to Township Policy C-LS-01. Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE Page 178 of 306

179 BACKGROUND: The Lamerton application to purchase the Original Shore Road Allowance was approved at the December 15, 2010 Committee of the Whole meeting. The Total Real Estate Inc./Perry application to purchase the Original Shore Road Allowance was approved at the January 19, 2011 Committee of the Whole meeting. FINANCIAL: Consideration for the Lamerton Original Shore Road Allowance will be $11, ($0.60 x 19,960 sq. ft.). Consideration for the Total Real Estate Inc./Perry Original Shore Road Allowance will be $4, ($0.90 x 5,100 sq. ft.). Both applications were submitted prior to the policy rate changes. Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE Page 179 of 306

180 ROAD OSRA Requested for purchase by LAMERTON LOT 12 LOT 11 CONCESSION 9 CONCESSION 8 SUTTON RD THREE MILE LAKE LAMERTON PROPERTY ED ED ED ED ED ED ED ED ED BRIESE BRIESE BRIESE BRIESE BRIESE BRIESE BRIESE BRIESE BRIESE RD RD RD RD RD RD RD RD RD ED BRIESE R RUSS RUSS RUSS RUSS RUSS RUSS RUSS RUSS RUSS HAMMELL HAMMELL HAMMELL HAMMELL HAMMELL HAMMELL HAMMELL HAMMELL HAMMELL 1357 RUSS HAMMELL RD 1357 RUSS HAMMELL RD LOT 11 ECHO ECHO ECHO ECHO ECHO ECHO ECHO ECHO ECHO BEACH BEACH BEACH BEACH BEACH BEACH BEACH BEACH BEACH RD RD RD RD RD RD RD RD RD LOT 12 ammel Bay CONCESSION 9 CONCESSION 8 ECHO ECHO ECHO ECHO ECHO ECHO ECHO ECHO ECHO BEACH BEACH BEACH BEACH BEACH BEACH BEACH BEACH BEACH RD RD RD RD RD RD RD RD RD SUTTON RD THREE MILE LAKE LAMERTON PROPERTY OSRA Requested for purchase by LAMERTON Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE MCPHERSON PT RD H RD Page 180 of 306

181 Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE Page 181 of 306

182 MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W OSRA requested for purchase by Total Real Estate Inc Total Real Estate Inc. Property MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD W LAKE MUSKOKA CONCESSION 13 MUSKOKA RD 118 W MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W BROWN RD OSRA requested for purchase by Total Real Estate Inc MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W 2867 MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD 118 W MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W Scarcliffe Bay LAKE MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W MUSKOKA MUSKOKA MUSKOKA RD RD RD RD W MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W 2755 MUSKOKA RD 118 W BERYL I. (M49) LOT 29 LOT 28 MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W TOM TOM WROE WROE WROE WROE WROE WROE WROE WROE WROE RD CONCESSION 13 CONCESSION 12 MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE Page 182 of 306

183 Report from the Clerk Re: Declaration of Surplus Lands - LAMERTON ( ) and TOTAL REAL ESTATE Page 183 of 306

184 COMMITTEE OF THE WHOLE AGENDA REPORT TO: MEETING DATE: June 7, 2011 Mayor Murphy and Members of the Committee of the Whole SUBJECT: Applications to purchase Original Shore Road Allowances JOHNSON (Skeleton Lake) and LUCAS (Leonard Lake). RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the Original Shore Road Allowance Applications submitted by Sherril & Brian Johnson ( ) lying in front of Concession 12, Lot 6, Skeleton Lake (Watt) and Michelle & Scott Lucas ( ) lying in front of Concession 8, Lot 21, Leonard Lake (Monck) pursuant to the conditions provided in the Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances. APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 01/06/11 Original Signed By R. Jeffries Approved By: Cheryl Mortimer, Clerk 01/06/11 Original Signed By C. Mortimer Acknowledged: W. Schmid, CAO 01/06/11 Original Signed By W. Schmid EXECUTIVE SUMMARY: ORIGIN: Based on the standards of Township Policy C-LS-08 (Sale of Original Shore Road Allowance) it is recommended that the Township provide tentative approval for these applications. Applications to purchase the Original Shore Road Allowances are shown crosshatched on the maps attached. BACKGROUND: Original Shore Road Allowance JOHNSON Applicant: Sherril & Brian Johnson Legal Description: Concession 12, Lot 6, 35R-6132, Parts 1 to 3, Watt Fish Habitat Classification: Type 1 Fish Habitat (Most Significant Unassessed) Location: Skeleton Lake Access: 1119 Skeleton Lake Rd.2, Unit 6 Extent: Approximately 215 feet of frontage Property Unit Class: RDU (Recreational Dwelling Unit) Staff Comments: The Director of Planning, the Development Services Co- Report from the Clerk Re: Applications to purchase Original Shore Road Allowance JOHNSON , Page 184 of 306

185 ordinator, and the Public Works Superintendent have no objections to this application. We are recommending that the applicants request be granted for the following reasons: 1. The applicants own all the property directly to the rear of the road allowance requested to be closed. 2. Closing the above noted road allowance does not prejudicially affect the property owner to either side of the applicants property. 3. The applicants wish to obtain ownership of the crown lake bed under their existing boathouse. Original Shore Road Allowance LUCAS Applicant: Michelle & Scott Lucas Legal Description: Concession 8, Lot 21, Plan M165, Lot 26, Monck Fish Habitat Classification: Type 1 Fish Habitat (Most Significant Unassessed) Location: Leonard Lake Access: 1100 Leonard Lake Rd.2 Extent: Approximately 110 feet of frontage Property Unit Class: RU (Residential Unit) Staff Comments: The Director of Planning, the Development Services Coordinator, and the Public Works Superintendent have no objections to this application. The Director of Planning has noted that as the lands are on a plan of subdivision (M Plan) a deeming by-law maybe required to add the Original Shore Road Allowance to the abutting lot. We are recommending that the applicants request be granted for the following reasons: 1. The applicants own all the property directly to the rear of the road allowance requested to be closed. 2. Closing the above noted road allowance does not prejudicially affect the property owner to either side of the applicants property. FINANCIAL: The rate of $0.60 per square foot will be payable to the Township by the applicants pursuant to policy C-LS-08. These applications were both submitted prior to the policy rate changes. Report from the Clerk Re: Applications to purchase Original Shore Road Allowance JOHNSON , Page 185 of 306

186 OSRA Requested for purchase by Johnson SKELETON LAKE Johnson LOT 6 LOT CONCESSION 12 11) BRANT I. (SL7) OSRA Requested for purchase by Johnson Johnson SKELETON LAKE ASHLEY I (SL5) 1291 SKELTEON 1119 SKELETON LK 2 2 RD LOT 6 LOT 5 SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON LK LK LK LK LK LK LK LK LK 3 RD RD RD RD RD RD RD RD RD LAKEVIEW RD SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON SKELETON LK LK LK LK LK LK LK LK LK THE CUT CONCESSION 12 CONCESSION 11 Report from the Clerk Re: Applications to purchase Original Shore Road Allowance JOHNSON , Page 186 of 306

187 LEONARD LAKE OSRA Requested for purchase by LUCAS LUCAS PROPERTY LEONARD LK 2 RD LOT 21 CONCESSION 8 TTER TER & D BAY BAY BAY RD RD RD RD RD HWY. 118 MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W W W W W W W W W 25 BEAUMARIS BEAUMARIS BEAUMARIS RD RD RD BEAUMARIS BEAUMARIS BEAUMARIS BEAUMARIS BEAUMARIS BEAUMARIS BEAUMARIS BEAUMARIS BEAUMARIS RD RD RD RD RD RD RD RD RD 24 CONCESSION 9 CONCESSION 8 OSRA Requested for purchase by LUCAS LEONARD LAKE LEONARD LK 2 RD LOT 22 'C' I. (L3) LOT Lake 'N' I. (L1) 'O' I. (L2) 'A' I. (L4) PALMOS I. (L5) BEAUMARIS RD 1228 LEONARD LK 2 RD 1163 LEONARD LK 1 RD 1041 ALICE AV ALICE AV 1191 GLEN GORDON RD UMARIS UMARIS UMARIS RD RD RD RD RD RD RD RD RD MILLS ROAD MUSKOKA RD 118 W 'E' I. (L6) LEONARD LK 1 1 RD MARCO I. (M78) (M75) FERRIE I. FAIRHOLM I. (M79) BUCK I. (M77) VERNON I. (M76) LARIDAE I. OOD I (M74) Report from the Clerk Re: Applications to purchase Original Shore Road Allowance JOHNSON , 2143 MUSKOKA RD 118 W MUSKOKA RD 118 W 2075 MUSKOKA RD 118 W MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA R R R R R R MUSKOKA RD 118 W MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA MUSKOKA RD RD RD RD RD RD RD RD RD W Page 187 of 306

188 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Application for a License Agreement for the encroachments of a dwelling unit and shed on the Township Road Allowance (known as Old Bridge Road), Concession 9, Lot 19, (Medora) MORRISON, ( ) RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be granted for a License Agreement between Daniel and Erika Morrison ( ) and the Township of Muskoka Lakes for the encroachments of a dwelling unit and shed on the Township Road Allowance (known as Old Bridge Road), Concession 9, Lot 19, (Medora), subject to the conditions provided in Township Council PolicyC-LS-08 for License Agreements and that the license agreement be for a term of 20 years with a yearly fee of $ per year for the first five years. APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 31/05/11 Original Signed By R. Jeffries Approved By: Cheryl Mortimer, Clerk 31/05/11 Original Signed By C. Mortimer Acknowledged: W. Schmid, CAO 31/05/11 Original Signed By W. Schmid EXECUTIVE SUMMARY: Based on the submission of an application by Daniel and Erika Morrison to enter into a license agreement and pursuant to Township Council policy C-LS-07 (License Agreement), it is recommended that the application receive tentative approval. ORIGIN: An application to enter into a License Agreement has been received from Daniel and Erika Morrison to legalize the encroachments of a dwelling unit and shed (shown on the attached maps/sketch) situated on a Township Road Allowance known as Old Bridge Road. BACKGROUND: Through a Planning Department Application sketch, it was determined that there are encroachments of a dwelling unit and shed located on a Township Road Allowance known as Old Bridge Road. The Director of Planning and Public Works Superintendent have no objections to the license agreement application. Details of the proposed license agreement: Concession 9, Lot 19, (Medora) Encroachments of a dwelling unit and shed on a Township Road Allowance Report from the Clerk Re: Application for a License Agreement for the encroachments of a dwelling unit and Page 188 of 306

189 known as Old Bridge Road ( ). License agreement is non-transferable and will be for a term of 20 years Annual fee of $ for the first five years and determined thereafter by Council Civic Address Old Bridge Road, Unit 2 FINANCIAL: The annual license fee for the agreement will be $ for the first five years and will be determined thereafter by Council. This application was submitted prior to the policy rate changes. Report from the Clerk Re: Application for a License Agreement for the encroachments of a dwelling unit and Page 189 of 306

190 CONCESSION 10 CONCESSION 9 PENINSULA RD PENINSULA RD LOT 19 LOT 20 I. Morrison Property OLD OLD OLD OLD OLD OLD OLD OLD OLD BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE RD RD RD RD RD RD RD RD RD OLD BRIDGE RD OLD BRIDGE RD ) OLD OLD OLD OLD OLD OLD OLD OLD OLD BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE RD RD RD RD RD RD RD RD RD Approximate location of encroachment of dwelling and shed OLD BRIDG 01 PENINSULA RD eph 1901 PENINSULA RD LOT 19 LOT 20 D River PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA RD PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA RD RD RD RD RD RD RD RD RD LOOKOUT I. (JR1) RIVERDALE I. (JR2) 1805 PENINSULA RD PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA RD Morrison Property PENIN PENIN PENIN PENIN PENIN PENIN PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA PENINSULA RD Annie Lake OLD OLD OLD OLD OLD OLD OLD OLD OLD BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE BRIDGE RD RD RD RD RD RD RD RD RD CONCESSION 10 CONCESSION 9 PENINSULA RD KINGSETT KINGSETT KINGSETT KINGSETT KINGSETT KINGSETT KINGSETT KINGSETT KINGSETT RD RD RD RD RD RD RD RD RD OLD BRIDGE RD WOODINGTON WOODINGTON WOODINGTON WOODINGTON WOODINGTON WOODINGTON WOODINGTON WOODINGTON WOODINGTON RD RD RD RD RD RD RD RD RD Approximate location of encroachment of dwelling and shed WO Report from the Clerk Re: Application for a License Agreement for the encroachments of a dwelling unit and Page 190 of 306

191 Report from the Clerk Re: Application for a License Agreement for the encroachments of a dwelling unit and Page 191 of 306

192 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: REQUEST FOR EXEMPTIONS TO PARKING BY-LAW RECOMMENDATION: That the Committee of the Whole recommend to Township Council that a by-law be given three readings at the June 27, 2011 Council meeting for exemptions to the Parking By-law on June 30, July 1, July 2, September 30 and October 1, 2011 for the Bala Craft and Gift Fair and Bala Antique and Nostalgia Show and Sale. APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk 01/06/11 Original signed by C. Mortimer Acknowledged: Walt Schmid, CAO 01/06/11 Original signed by W. Schmid EXECUTIVE SUMMARY: ORIGIN: BACKGROUND: Based on the submission from Jane Templeton requesting exemptions to the Parking By-law for the Bala Craft and Gift Fair and the Bala Antique and Nostalgia Show and Sale, it is recommended that the Township of Muskoka Lakes pass a by-law to provide for the exemptions in Correspondence has been received from Jane Templeton requesting exemptions to the Township s Parking By-law, a copy of which is attached. We have received correspondence from Jane Templeton requesting exemptions to the Township s Parking By-law for the following events: - Bala Craft and Gift Fair held at the Bala Community Centre, and - Bala Antique and Nostalgia Show and Sale held at the Bala Arena. Both events are held twice annually on the same weekend. In order for the vendors to remain overnight with their vehicles at the Victoria Street Parking Lot in Bala, exemptions to the Parking By-law would be required on the following dates: - June 30, July 1 and July 2, 2011, and - September 30 and October 1, Report from the Clerk Re: Request for exemption to Parking By-law. Page 192 of 306

193 Page 2 Report Re: Request for Exemptions to Parking By-law Section 2(e) of Parking By-law 91-67, as amended, does not permit parking of vehicles in municipal parking lots between 2:00 am and 6:00 am. In order to accommodate the request, a by-law must be passed to exempt this section of the Parking By-law. Exemptions to the by-law for these events have previously been given. FINANCIAL: NA Report from the Clerk Re: Request for exemption to Parking By-law. Page 193 of 306

194 Jane Templeton Box 3, Bala, ON P0C 1A0 Tel: (home) May 26, 2011 Mayor Alice Murphy & Township Councilors Township of Muskoka Lakes Box 129 Port Carling, ON P0B 1J0 Dear Mayor Murphy & Councilors: I am writing on behalf of myself as organizer of Bala Craft and Gift Fair, and the family of the late Peter Sutton-Smith, who was the organizer of Bala Antique and Nostalgia Show and Sale, which is held twice yearly in the Bala Sports Arena. The Antique Show has been in existence for 40 years, while my Craft and Gift Fair which is held twice yearly in the Bala Community Centre, and on the same dates as the Antique Show, has been running for 31 years. Both shows bring hundreds of visitors to the area, who seek accommodation, dining, gasoline and services. As well, many vendors require lodging and food in restaurants as well as grocery stores. Upcoming dates for the shows are July 1, 2, and 3, and October 1 and 2, (The Antique Show includes Friday July 1, while the Craft and Gift Fair only runs on Saturday and Sunday. The dates that I am seeking exemption of parking by-laws are the following: Thursday June 30, Friday July 1 and Saturday July 2, Friday September 30, and Saturday October 1, At this time, we are requesting exemption of parking by-laws during the above time periods, in the parking lot across from Bala Legion, allowing some of our vendors to remain overnight with their vehicles. We appreciate your consideration of our request. Yours truly, Family of Peter A. Sutton-Smith Bala antique and Nostalgia Show & Sale Jane Templeton Bala Craft & Gift Fair Report from the Clerk Re: Request for exemption to Parking By-law. Page 194 of 306

195 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Chair Brent and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: Muskoka Lakes Chamber of Commerce, Farmers Market Signage RECOMMENDATION: That the Muskoka Lakes Chamber of Commerce be authorized to install Farmer s Market signage on the existing sign frames located at Hanna Park, Port Carling and at the Muskoka Lakes Sports Park, Bala. APPROVALS: Date Signature Submitted By: Len Troup, Superintendent of Public Works May 20, 2011 Original signed by L. Troup Acknowledged: Walt Schmid, C.A. O. May 20, 2011 Original signed by W. Schmid ORIGIN: BACKGROUND: FINANCIAL: Attached correspondence is self explanatory, however, I could not support the proposed sign located on the Township Office property. I have conferred with Jane Templeton regarding this matter; the Chamber will not be pursuing the placement of a sign at this location. The signs being proposed for the two parks will be mounted on the existing sign frames beneath the existing Park Identification signs; these are known as Banner Signs. The Chamber will forward a draft sign design for staff s review and modifications if required. N/A Report from the Public Works Superintendent Re: Muskoka Lakes Chamber of Commerce, Farmers Market Page 195 of 306

196 Report from the Public Works Superintendent Re: Muskoka Lakes Chamber of Commerce, Farmers Market Page 196 of 306

197 COMMITTEE OF THE WHOLE AGENDA REPORT TO: MEETING DATE: June 7, 2011 SUBJECT: RECOMMENDATION: Mayor Murphy and Members of Committee of the Whole Port Carling Minor Hockey Association Sign Request Follow-up Report That the Committee of the Whole recommends to Township Council that permission be granted to the Port Carling Minor Hockey Association to have their Thunder logo sign affixed to the exterior of the Port Carling Arena as per the recommendations outlined in this report. APPROVALS: Date Signature Submitted By: Lise Saumur June 1, 2011 original signed by Lise Saumur Manager of Parks, Recreation and Facilities Reviewed By: Neil Donald June 1, 2011 original signed by Neil Donald Development Services Coordinator Acknowledged: Walt Schmid, CAO June 1, 2011 original signed by Walt Schmid EXECUTIVE SUMMARY: Council requested assurance from other minor user groups of the Port Carling Arena that they did not oppose the location and installation of a logo sign by the Port Carling Minor Hockey Association on the outside of the Arena building. (attached) ORIGIN: BACKGROUND: FINANCIAL: Correspondence was received from Tom Wray, President, Port Carling Minor Hockey Association requesting permission to have a sign made and installed on the exterior of the Port Carling Arena. (attached) Following discussion of the original December 15, 2010 report, Council requested that the request from the Port Carling Minor Hockey Association be deferred for a follow-up report. Council wanted assurance that the Port Carling Figure Skating Club and North Muskoka Ringette Club were not opposed to the installation of Minor Hockey s logo sign. The follow up report was not presented to Council prior to the sign having been installed. The sign was not installed in the originally proposed location, however the current location does not pose any problems. The new location permits less restriction for the possibility of sign installation by other user groups. Neither the Port Carling Figure Skating Club nor the North Muskoka Ringette Club are opposed to the location and installation of the Port Carling Minor Hockey Association logo sign. (attached) n/a Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Minor Hockey Association - Page 197 of 306

198 Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Minor Hockey Association - Page 198 of 306

199 Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Minor Hockey Association - Page 199 of 306

200 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: June 7, 2011 SUBJECT: COMMUNITY CENTRE REVIEW DOCUMENT RECOMMENDATION: That Committee of the Whole recommends Council approve the Community Centre Review Document as contained in the June 7, 2011 staff report as amended. APPROVALS: Date Signature Approved By: Lise Saumur, June 1, 2011 original signed by Lise Saumur Manager of Parks, Recreation & Facilities Acknowledged: Walt Schmid, CAO June 1, 2011 original signed by Walt Schmid EXECUTIVE SUMMARY: The attached document represents the final recommendations of the Community Centre Review Committee which held their last meeting on April 20, Further Council recommendations are highlighted in the document for discussion. Supplementary analysis for budgetary impact to is attached at the end of the document. ORIGIN: The Community Centre Review Committee was formed to review Community Centre issues and practices in order to streamline the operations of the Township of Muskoka Lakes Community Centres. BACKGROUND: The original Community Centre Review Document was presented to Council in March of In September of 2009 a Community Centre Review Committee was formed to review the sections of the document and to provide Council with their recommendations for approval and implementation. This document represents the many months of meetings and hard work accomplished by the Review Committee. Once approved, work will begin for the implementation of the document. It is anticipated it will take several months to familiarize all the Boards with this information. It is recommended that consideration for fee implementation be made for the last quarter of 2011 at the earliest or for the start of the 2012 budget year. Report from the Manager of Parks Recreation and Facilities Re: Community Centre Review Document. (To Page 200 of 306

201 FINANCIAL: Little to no negative impact to the budget is anticipated with the implementation of the new fee structure. Some Community Centres will see a decrease in revenue while others will see an increase. An analysis of the 2010 Community Centre rentals was compiled and the recommended fee structure applied to determine the effect of the new fee structure on budge revenues. This analysis shows an overall increase in future revenues of $ 4, may be possible. Budgetary impacts are as outlined with respect to the Custodial section on pages For Community Centres, the estimated costs using the 2010 budget figures would have a budget increase of $ 13, if the Custodians were contracted employees and a budget increase of $ 8, if the Custodians were part-time employees. Report from the Manager of Parks Recreation and Facilities Re: Community Centre Review Document. (To Page 201 of 306

202 Walker's Point Community Centre - Meeting Minutes for April 26, 2011 Page 301 of 306

203 Walker's Point Community Centre - Meeting Minutes for April 26, 2011 Page 302 of 306