Town of Gravenhurst - Planning Council Agenda January 24, 2017 at 5:00 PM

Transcription

1 Town of Gravenhurst - Planning Council Agenda January 24, 2017 at 5:00 PM Agenda Item Page No. A. Closed Session B. Adoption of Agenda Recommendation: BE IT RESOLVED THAT the Council agenda as presented on January 24, 2017 be approved as circulated/amended. C. Disclosure of Pecuniary Interest D. Public Meetings 5:00 p.m. 1. ZA (Pollard - Kahshe River) Report No. DEV ZA (Brigadoon Resort Inc. - Sparrow Lake) Report No. DEV ZA (Shrott & Shrott-McKinnon - Lake Muskoka) Report No. DEV ZA (Stanhope Investments Ltd - Reay Road) Report No. DEV ZA (Lague - North Muldrew Lake) Report No. DEV ZA (Goldenberg - Lake Muskoka) Report No SRC (Kudlak, Robert - Riley Lake) Report No. DEV E. Deputations F. Minor Amendment Resolutions G. Unfinished Business

2 1. ZA (Hopper - Sparrow Lake) Report No. DEV Town of Gravenhurst - Planning Council Date: January 24, H. New Business 1. Muskoka Airport - Governance Review Comments Report No. DEV Recommendation: WHEREAS InterVISTAS Consulting has been retained to undertake a governance review of the Muskoka Airport and have reached out to the Town of Gravenhurst for formal comments; AND WHEREAS one of the purposes of a twotiered system of government is to ensure that large ticket services, including the Muskoka Airport, are attainable and affordable; NOW BE IT RESOLVED THAT Council recommend that the Muskoka Airport remain in the ownership of the District Municipality of Muskoka; AND THAT a separate decision-making board be established to operate the airport based on a defined vision and business strategy. 2. Single Source Selection - MRC Real Estate Services Report No. DEV Recommendation: BE IT RESOLVED THAT Council authorize a Single Source Selection of Deloitte for real estate advisory services relating to the acquisition/disposition of the Muskoka Regional Centre for the Town of Gravenhurst I. By-laws 1. By-law No Zoning (Pollard - Kahshe River) By-law No Zoning (Brigadoon Resort Inc. - Sparrow Lake) By-law No Zoning (Shrott and Shrott-McKinnon - Lake Muskoka) By-law No Zoning (Stanhope Investors Ltd. - Reay Road) By-law No Zoning (Lague - North Muldrew Lake Road) By-law No Zoning (Goldenberg - Lake Muskoka) By-law No Zoning (Hopper - Sparrow Lake) Page 2 of 103

3 Town of Gravenhurst - Planning Council Date: January 24, By-law No OMB Order PL By-law No Shore Road Closing (Kudlak - Riley Lake) By-law No Municipal Enforcement Officer (Public Works) 97 J. Adoption of Minutes 1. Planning Council Minutes - November 22, K. Closed Session Recommendation: L. Report from Closed Session BE IT RESOLVED THAT the minutes of the Council meeting dated November 22, 2016 be approved as circulated. M. Confirming By-law Recommendation: BE IT RESOLVED THAT Bill No. 15 to confirm the Council Meeting held on January 24, 2017 be passed and numbered By-law No N. Adjournment Page 3 of 103

4 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Katie Kirton, Manager of Planning Services Date: January 24, 2017 Subject: B/02/2016/GR & ZA ; POLLARD, Gloria Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT application ZA be approved. The purpose of this report is to provide background information and recommendations related to Consent application B/02/2016/GR and Zoning By-law Amendment Application No. ZA The Consent application was submitted to permit a lot addition to the benefitting lands to the west. The lot addition would add adequate land to the benefitting lands to allow for a development envelope. A Right-of-way will also be reserved across the severed lands in favour of the retained lands to maintain driveway access. No new lots will be created as a result of this application. The Zoning Amendment would change the Rural (RU) Zone to a Residential Waterfront (RW- 6) Zone on the severed and retained lands in order to bring the lands into conformity with the Waterfront Area designation under the Town Official Plan. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Retained Severed Benefitting Lot Area: 1.6 hectares 1.3 hectares 0.2 hectares Lot Frontage: metres 60.0 metres 40.0 metres Page 4 of 103

5 Report to: Planning Council Report Title: B/02/2016/GR & ZA Date: January 24, 2017 b) Servicing: Private water supply and private sewage system. c) Access: Privately maintained road: Unnamed private road accessed from Highway 11 d) Fish Habitat: The property is located adjacent to Type 1 fish habitat and unidentified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. e) Site Inspection and Characteristics: A site inspection was conducted on July 29 th, 2016 by Jeremy Rand. f) Surrounding Land Uses: The surrounding uses are residential waterfront. g) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area and Natural Heritage Area, as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. Page 5 of 103

6 Report to: Planning Council Report Title: B/02/2016/GR & ZA Date: January 24, 2017 Section D contains policies for the Waterfront Area. The proposal would meet the policies of Section D related to character and preservation of vegetation and natural features and any future proposed development would meet all requirements of the Residential Waterfront (RW- 6) Zone. Sections G & I of the Official Plan contain policies related to Natural Heritage Areas and other environmental features including Fish Habitat, Species at Risk and Significant Wildlife Habitat. An Environmental Impact Statement (EIS), including a Peer Review at the discretion of the applicant was submitted in support of the application. The EIS confirmed that the proposal and proposed future development of the resultant severed and benefitting lot would not have a negative impact on any significant environmental features. Furthermore, the entire shoreline is zoned Environmental Protection (EP) and therefore no buildings or structures would be permitted within this zone. Zoning By-law Current Zoning: Residential Waterfront (RW-6), Rural (RU) and Environmental Protection (EP) Proposed Zoning: Residential Waterfront (RW-6) and Environmental Protection (EP) The proposed amending Zoning By-law would have the effect of zoning the lands currently zoned Rural (RU) to Residential Waterfront (RW-6) to bring the zoning into conformity with the Waterfront Area Official Plan designation. The shoreline will remain Environmental Protection (EP) with no proposed changes to the EP zone boundary. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. Page 6 of 103

7 Report to: Planning Council Report Title: B/02/2016/GR & ZA Date: January 24, 2017 ATTACHMENTS 1. Key Map 2. Sketch RESPECTFULLY SUBMITTED BY: Author: Katie Kirton, Manager of Planning Services Approved by: Scott Lucas, Director of Development Services KK:sf Page 7 of 103

8 KEY MAP 11N-11S OVER-PASS SOUTH KAHSHE LAKE Subject Properties SOUTH BAY KAHSHE LAKE KAHSHE RIVER :7,000 Metres Proposed Concurrent Consent Application B/02/2016/GR and Zoning Amendment Application ZA# POLLARD, Gloria Part of Lot 18, Range EMR in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 5 to 8, Plan 35R and Parts 2 and 3, Plan 35R Municipally known as 1708 Highway 11 North Roll Nos & Page 8 of 103

9 - 2 r - C 3. 3,. ; Z 0 r 1 c:. F 2: Page 9 of 103 S C H E D U L E Proposed Concurrent Consent and Zoning Amendment Application Nos. B/02/2016/GR and ZA POLLARD, Gloria Part of Lot 18, Range EMR (Kahshe Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 5 to 8, Plan 35R And Parts 2 and 3, Plan 35R municipally known as 1708 Highway 11 North Roll Nos & Date: January 3, 2017 C S 1

10 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Katie Kirton, Manager of Planning Services Date: January 24 th, 2017 Subject: ZA ; BRIGADOON RESORT INC. Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Council defer application ZA pending additional consultation with the applicant s agent and to address concerns raised through comments received. The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA The application was submitted in order to remove Special Provision 303 (S303) from the Commercial Waterfront Zone (CW-8) and to apply Special Provision 1097 (S1097) in order to clarify the wording of the existing Special Provision as it applies to the subject lands. The new Special Provision would clarify that the existing Lot Coverage is applicable to both new construction and additions to existing Buildings and Structures. The wording would further clarify that the Sparrow Lake Flood Elevation is not applicable to the existing Lot Coverage permission. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 1.7 hectares Lot Frontage: 68.5 metres b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Kilworthy Road Page 10 of 103

11 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 d) Fish Habitat: The property is located adjacent to Type 1 fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. The applicant submitted an Environmental Impact Statement (EIS) in support of the application with mitigation measures including revegetation along the creek and vegetation retention along the shoreline. e) Site Inspection and Characteristics: A site inspection was conducted on September 29, 2016 by Katie Kirton and Jeremy Rand. The property is developed with 13 modest sized Dwellings and some accessory structures. While natural areas exist on the property, the property is mainly cleared with a creek bisecting the property and a beach at the shoreline. f) Surrounding Land Uses: The surrounding land uses are a mix of residential, commercial and institutional. g) Shore Road Allowance: Owned. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement Additional review of the application is warranted to determine consistency with the Provincial Policy Statement (PPS). Notwithstanding the above, the following sections are considered most notable in the review of this application: On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) limited residential development; d) home occupations and home industries; e) cemeteries; and f) other rural land uses. Page 11 of 103

12 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 Under the Provincial Policy Statement the subject lands are considered to be Rural Lands. Resourcebased recreational uses, which include recreational dwellings, are permitted on Rural Lands Recreational, tourism and other economic opportunities should be promoted. The property is a resort development which provides recreational and tourism opportunities Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. No additional municipal services or expansion to existing infrastructure is required for the application. A review of the private sewage system and approval through the Ministry of Environment and Climate Change would likely be required, depending on the nature of proposed expansion Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions Development and site alteration shall not be permitted in: a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands. The entire shoreline is considered a Provincially Significant Wetland (PSW), as Identified by the Ministry of Natural Resources and Forestry. An Environmental Impact Statement (EIS) has been submitted in support of the application. The report recommends additional revegetation of the site along the creek and the retention of existing vegetation along the shoreline Development and site alteration shall not be permitted within: a) the dynamic beach hazard; b) defined portions of the flooding hazard along connecting channels (the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers); c) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. Page 12 of 103

13 Report to: Planning Council Report Title: ZA Date: January 24 th, Despite policy 3.1.2, development and site alteration may be permitted in certain areas associated with the flooding hazard along river, stream and small inland lake systems: a) in those exceptional situations where a Special Policy Area has been approved. The designation of a Special Policy Area, and any change or modification to the official plan policies, land use designations or boundaries applying to Special Policy Area lands, must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources prior to the approval authority approving such changes or modifications; or b) where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive nonstructural uses which do not affect flood flows. The majority of the property is located below the identified Flood Elevation of metres. The applicant has submitted a report in support of the application from Duke Engineering. The report outlines how building additions or new buildings will be required to be constructed as per the Ontario Building Code. It further outlines how to offset the displaced water volume as a result of new construction through flood plain balancing. Staff would recommend additional consultation on how the proposed development rights would be consistent with the PPS, specifically in relation to permitting additional development rights below the regulatory Flood Elevation, where minor additions may be permitted (policy (b)). As proposed, relieving the subject lands from the Flood Elevation requirement would potentially permit an additional square metres (8,508.8 square feet) of additional Lot Coverage. This would represent an increase of approximately 83% in potential additional Lot Coverage, subject to all other requirements including vegetation requirements and septic suitability. Staff are of the opinion that such an increase would not constitute a minor addition and would recommend that the application be deferred to allow additional consultation with the applicant s agent. Official Plan Policies The property is designated Waterfront Area, as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. D1.6 TOURIST COMMERCIAL DEVELOPMENT Tourist commercial development generally includes resorts, inns, camping and cottage rental establishments, and lodges. New tourist commercial developments will require an Amendment to this Plan and the Zoning By-law. Site Plan Control shall apply to new tourist commercial development and redevelopment or expansions of existing tourist commercial developments. New recreational vehicle or travel trailer parks shall not be permitted. Page 13 of 103

14 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 Resort developments that combine accommodation and other commercial uses shall require an Amendment to this Plan and the Zoning By-law. Innovative forms of registration shall be promoted. These uses shall generally include on-site management, and may also include recreational amenities, dining facilities, retail uses and have accommodation units available for lease or rent to the public. The property is currently a tourist commercial use which is not proposed to change. The effect of the by-law would be to allow an expansion of the existing use. Servicing of such developments shall comply with Section J5 of this Plan and the requirements of the Official Plan of the Muskoka District Area. Existing tourist commercial uses shall be supported and encouraged to expand their operations and facilities in order to adapt to changing conditions and provide year-round services. The implementing Zoning By-law will zone existing commercial uses to permit a reasonable degree of expansion prior to requiring an Amendment to the Zoning By-law. Major expansions to existing tourist commercial uses shall require an Amendment to the Zoning By-law. Conversion of existing tourist commercial uses to residential uses is discouraged. Prior to considering an application to amend the Zoning By- law to permit redevelopment of the lands for residential uses, Council shall be satisfied that a report has been prepared by the applicant and approved by the Town which demonstrates that the change in use has a positive long-term impact on the economy and the environment and does not negatively impact the availability of tourist accommodation in the Town and District. Tourist commercial development may be permitted on the basis of 6.0 metres per unit frontage on the waterbody and a maximum density that does not exceed 10 units per hectare where a unit is defined as a rental cottage or a camp site, or room in a hotel, motel, lodge or similar arrangement of units. Densities up to 25 percent in excess of these requirements on a single property may be permitted through an Amendment to the Zoning By-law subject to the developer entering into a Site Plan Agreement with the Municipality that requires the development of additional facilities such as a golf course, swimming pools or other significant land based recreational facilities. New tourist commercial uses shall not be permitted on lakes that have a surface area of less than 20.0 hectares unless the development plan includes the entire shoreline of the lake, excluding Crown land. No additional units are proposed. The application is to clarify the existing Special Provision on the site, allowing for some expansion of the use. Staff would recommend additional consultation to determine how much expansion would be appropriate for the site. Page 14 of 103

15 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 D2.1 PRESERVATION OF VEGETATION New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and litteral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline. An EIS was submitted in support of the application. The recommendations contained in the report, including revegetation and vegetation retention would be implemented through Site Plan Control. D2.2 CHARACTER OF THE SHORELINE ENVIRONMENT Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area. Council will adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies. The Zoning By-law implementing this Official Plan will include regulations that will: a) limit lot coverage within 20.0 metres of the shoreline; b) require the shoreline area and 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area; c) limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line; d) limit the size of marine related structures relative to the amount of shoreline frontage of the lot; e) limit the size of boathouses relative to the lot area within 20.0 metres of the shoreline and the height of boathouses to one storey; and, f) prevent the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock. These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area by 50 percent or more. Council may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration. Page 15 of 103

16 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 All proposed development would be located a minimum of 23.0 metres (existing) from the shoreline. No additional shoreline development is proposed at this time. I1.4.1 Wetlands It is the policy of this Plan to protect all wetlands whether Provincially significant, regionally significant, locally significant or otherwise. All wetlands shall be protected and maintained in a natural state. Wetland re-establishment at the expense of those responsible for the loss of wetland will be encouraged if loss or degradation occurs. An Environmental Impact Statement shall be required where development is proposed within metres of any Provincially significant wetland or within 30.0 metres of any other wetland, as identified on Schedule B. Development adjacent to wetlands shall only be permitted if it can be demonstrated that it will not result in a negative impact on the wetland. No development or site alteration shall be permitted in Provincially significant wetlands. With the concurrence of MNR, wetland boundaries can change, and boundary verification or reevaluation may be necessary from time to time. Existing agricultural uses are permitted within wetlands except identified Provincially significant wetlands. Where agricultural uses are permitted, best management practices should be employed to protect and enhance the wetland features. The entire shoreline is identified as a Provincially Significant Wetland. An EIS was submitted in support of the application as the proposed development is located on adjacent lands. No development is proposed in the PSW. I1.4.4 Fish Habitat Water resources and vegetation abutting watercourses will be maintained in a clean and healthy condition in order to protect aquatic life, habitat, and functions. Development and site alteration may be permitted adjacent to fish habitat areas only if it has been demonstrated through an EIS that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. Development adjacent to fish habitat areas shall demonstrate the following to the satisfaction of Council: a) net gain or no net loss of productive capacity of fish habitat; b) maintenance of minimum base flow of watercourses; c) maintenance of existing watercourses in a healthy natural state; d) best available construction and management practices shall be used to protect water quality and quantity, both during and after construction. Treatment of surface run-off to maintain Page 16 of 103

17 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 water quality and hydrological characteristics in receiving watercourses shall meet the standards established by the authorities having jurisdiction; e) new waterfront lots shall have a minimum of 5.0 metres of shoreline access that is not adjacent to Type 1 Fish Habitat; f) development proposed within 30.0 metres of a Type 1 or unknown Fish Habitat shall be accompanied by a supporting study (Aquatic Impact Statement) which examine the potential negative impact of the development on the Fish Habitat and potential mitigation measures available to limit the impact of the development on the Fish Habitat; g) all waterfront lots are encouraged to maintain a natural shoreline buffer; and, h) lots located adjacent to Type 1 Fish Habitat Areas shall be subject to Site Plan Control. The supporting EIS reviewed fish habitat along the shoreline and the creek. Mitigation measures including vegetation retention and replanting will be implemented through Site Plan Control to ensure there will be minimal impact to Fish Habitat. I1.4.8 Flood Plains The following development criteria shall apply to development proposed within the flood plain area. The flood plain is defined by the most up to date mapping or other information provided by the Provincial or Federal government or other technical studies undertaken by a qualified professional. The delineation of flood plains will, where possible, be incorporated into the implementing zoning bylaw. a) Within the Town of Gravenhurst, Flood Plain Areas along the Severn River have been determined and identified. It shall be the policy of this Plan to prevent further habitable development within the Flood Plain Areas floodway and to minimize development in flood fringe areas. b) Flood elevations have been defined by MNR for certain lakes as follows: Sparrow Lake metres above sea level Kahshe Lake metres above sea level Doe Lake metres above sea level Lake Muskoka metres above sea level Areas below these flood elevations shall be subject to the Flood Plains policies of this plan. c) The further delineation of additional Flood Plain and floodway areas will be encouraged and not subject to Amendment to this Plan, subject to the appropriate supporting studies. d) No new habitable building or structure shall be permitted in any area susceptible to flooding and any floodway, except watershed management and flood and erosion control projects and non-habitable accessory buildings, structures, and facilities designed to be flood-proof, and site modifications carried out or supervised by a public agency. Page 17 of 103

18 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 e) Renovation of existing buildings located in these areas may be permitted provided the structure is flood-proofed to the highest practical extent to the satisfaction of the Municipality and erosion control mechanisms have been instituted on the property. The majority of the subject lands are located below the Flood Elevation. A report in support of the application was submitted by Dan Duke, a certified Engineer. Flood plain balancing and flood proofing were recommended to ensure that there are no negative onsite or off site impacts. Although an engineering report was submitted in support of the application, staff would suggest that additional consideration should be given to the impact of the proposed expansion and would recommend a deferral. Zoning By-law Current Zoning: Commercial Waterfront (CW-8) subject to Special Provision 303 (S303) Proposed Zoning: Commercial Waterfront (CW-8), subject to Special Provision 1097 (S1097) The proposed amending Zoning By-law would have the effect of removing Special Provision 303 (S303) from the Commercial Waterfront Zone (CW-8) and applying Special Provision 1097 (S1097) in order to clarify the wording of the existing Special Provision as it applies to the subject lands. The new Special Provision would clarify that the existing Lot Coverage is applicable to both new construction and additions to existing Buildings and Structures. The wording would further remove the Sparrow Lake Flood Elevation requirement, allowing for a potential expansion of square metres. Staff would suggest that further consideration should be given to the appropriate development of the site. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule Page 18 of 103

19 Report to: Planning Council Report Title: ZA Date: January 24 th, 2017 RESPECTFULLY SUBMITTED BY: Author: Katie Kirton, Manager of Planning Services Approved by: Scott Lucas, Director of Development Services KK:sf Page 19 of 103

20 KEY MAP McLEAN BAY SOUTHWOOD Subject Property KILWORTHY MCCORMICK JOY SPARROW LAKE DELMONTE Metres 1:8,000 Zoning Amendment Application ZA# BRIGADOON RESORT INC. Part of Lot 28, Concession 8 (Sparrow Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Text Being Parts 1 to 4, Plan 35R and Parts 1 and Text 4, Plan 35R Municipally known as 1617 Kilworthy Road Roll No Page 20 of 103

21 S C H E D U L E Proposed Zoning Amendment Application No. ZA BRIGADOON RESORT INC. Part of Lot 28, Concession 8 (Sparrow Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 1 to 4, Plan 35R And Parts 1 and 4, Plan 35R Municipally known as 1617 Kilworthy Rd Roll No Not to Scale Date: January 3, 2017 ' /,.., 8:!'1fle.., '. './ I I I I I I I I \, I o\\3,'t\ I 0"' , r---, G,ass I I I Play I,' Structu18/ \ y - " ( \ \ SPARROW LAKE WA1UI D. YA11CN 27. 2Dt CWD2& I I I I I I I I / \ \ \ /\ / Page 21 of 103

22 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Jeremy Rand, Planner II Date: January 24, 2017 Subject: ZA ; SHROTT, Sydney & Diane and SHROTT-McKINNON, Renee Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT application no. ZA be approved. The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA The application was submitted in order to facilitate the conversion of a Garage into a Dwelling Unit as well as the extension of a Dock. If approved, the application would permit the following: - A Detached Accessory Dwelling Unit shall be a Permitted Use - A Detached Accessory Dwelling Unit shall have a maximum Height of 1.5 storeys; and - One (1) Dock shall have a maximum Projection of 15.0 metres. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 1.4 hectares Lot Frontage: 27.0 metres b) Servicing: Municipal water supply and municipal sewage system. c) Access: District maintained road: Muskoka Road North Page 22 of 103

23 Report to: Planning Council ZA January 24, 2017 d) Fish Habitat: The property is located adjacent to Type 2 fish habitat. e) Site Inspection and Characteristics: A site inspection was conducted on October 28, 2016 by Jeremy Rand and Katie Kirton. The subject property contains a Dwelling with Decking, a Garage, and Docking facilities. The area between the Dwelling and the Optimal Summer Water Level is well treed with mature vegetation. The Garage is located behind the Dwelling. The area between the Garage and the roadway are naturalized with a mixture of vegetation. f) Surrounding Land Uses: Surrounding land uses are residential waterfront in nature consisting of varied and irregular sized lots. The property is located in a small embayment which 3 other properties front onto. Both of the neighbouring properties contain Boathouses which are located at the front of the bay at the opening into the lake. g) Shore Road Allowance: Owned. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area Serviced as identified in Schedule A-1 of the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. Section C1.6.2 b) of the Plan outlines policies related to the Waterfront Area Serviced designation and states the intent of this designation it to recognize waterfront development that was historically developed on private services and is not on full municipal services. This Page 23 of 103

24 Report to: Planning Council ZA January 24, 2017 designation will ensure that the existing built form and character is maintained and not intensified beyond the existing character of the Waterfront Area Serviced (designation). It should be noted that the subject lands are currently zoned Residential Two Zone (R-2). This zone already permits an Accessory Dwelling Unit within the existing Dwelling. As the Accessory Dwelling Use is being located within an existing Garage, staff are of the opinion that the application would conform with this section of the Official Plan. Section I of the Official Plan outlines policies related to boat Channel Protection Areas and states that: The following development criteria shall apply to lands as identified on Schedule B as boat Channel Protection Area: a) For the purposes of this Plan, areas on Waterbodies where the distance from shoreline to shoreline is less than metres or where the distance from shoreline to shoreline on a river is less than 30.0 metres shall be considered Boat Channel Protection Areas. b) Boat Channel Protection Areas include narrow channels, bays, inlets and outlets and other areas where development of the shoreline might create a hazard to water travel. Within Boat Channel Protection Areas, the development of docks, boathouses, boat ports or any other shoreline-oriented structure may be restricted to ensure the safe navigation of the waterway. The Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. c) Where new lot creation is proposed adjacent to a boat Channel Protection Area, lot frontages may be increased to ensure that the density, water quality, navigation, aesthetics, channel congestion and views are not negatively affected. In addition to increasing the frontage requirements for development, the Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. The applicant has submitted a Zoning Amendment Application Report which does not appear to be from a qualified boat traffic specialist. That being said, staff would concur with the report which indicated that the reason for the increased Projection is due to water Depth at the end of the Dock. In addition, the Dock would be located at the end of the private inlet, would comply with the required Side Yard setbacks of the By-law and would appear to not affect boat traffic on adjacent properties. It should be noted that the existing Dock is located too close to the northerly Lot Line. The application would bring the proposed Dock into compliance with Side Yard requirements. Considering the foregoing, staff are of the opinion that the application would be in conformity with the policies of the Town of Gravenhurst Official Plan. Page 24 of 103

25 Report to: Planning Council ZA January 24, 2017 Zoning By-law Current Zoning: Residential Two Zone (R-2) Proposed Zoning: Residential Two Zone (R-2) subject to Special Provision 1099 (S1099) The proposed amending Zoning By-law would have the effect of permitting the following: - A Detached Accessory Dwelling unit shall be a permitted Use; - A Detached Accessory Dwelling Unit shall have a maximum Height of 1.5 stories; and - One (1) Dock with a maximum Projection of 15.0 metres shall be permitted. Staff are of the opinion that the application meets the general intent of Zoning By-law CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services JR:ws Page 25 of 103

26 KEY MAP MCKENZIE Subject Property TIFFANY EVANS CHAMBERLAIN KNISTER MUSKOKA ISLAND 5MB LAKE MUSKOKA LAKEVIEW ROBINSON VINCENT HENRY ISLAND ISLAND 4MB Metres 1:8,000 Zoning Amendment Application ZA # SHROTT, Sydney and SHROTT, Diane and SHROTT-MCKINNON, Renee Part of Lot 22, Concession 6 (Lake Muskoka) in the former Township of Muskoka Text now in the Town of Gravenhurst District Municipality of Muskoka Being Lot 6, Plan Text M-565 Municipally known as 1625 Muskoka Road N. Roll No Page 26 of 103

27 I Page 27 of 103 (o Date: January 3, 2017 Roll No District Municipality of Muskoka Municipally known as 1625 Muskoka Road N Application No. ZA SHROTT-MCKINNON, Renee now in the Town of Gravenhurst Being Lot 6, Plan M-565 in the former Township of Muskoka Part of Lot 22, Concession 6 (Lake Muskoka) SHROTT, Sydney; SHROTT, Diane; Proposed Zoning Amendment SCHEDULE PccS S SP.. 4 cp1t l Y\N,i_ -( rcc1 CNVL4 5.çcS

28 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: January 24, 2017 Subject: B/13/2016/GR & ZA ; STANHOPE INVESTORS LIMITED Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Council approve Zoning Amendment Application ZA The purpose of this report is to provide background information and recommendations related to Zoning Amendment Application No. ZA The property is legally described as Part of Lot 7, Concession 6, in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. The application was submitted concurrently with consent Application B/13/2016/GR which was considered by the Committee of Adjustment on Wednesday, January 18, A zoning amendment application is required as a recommended condition of approval for the consent, which proposes to create one new lot for residential purposes only. The application would also rezone a portion of the lands in order to implement the recommendations of an Environmental Impact Statement from RiverStone Environmental Solutions Inc. dated March The report defines the precise boundaries of significant environmental features on the property which will be implemented through the proposed by-law. The consent application was submitted in order to create one new rural residential lot. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Severed Retained Lot Area: hectares hectares Lot Frontage: metres Irregular Page 28 of 103

29 b) Servicing: Report to: Planning Council ZA January 24, 2017 Private water supply and private sewage system. c) Access: Municipally maintained road: Reay Road d) Site Inspection and Characteristics: A site inspection was conducted on December 9, 2016 by Jeremy Rand and Katie Kirton. The severed lands contain a single detached dwelling and decking. The property is mainly vegetated outside of development areas. There is a large wetland to the rear of the severed lands. The retained lands contain mainly naturalized forest and wetlands, trails for Buckwallow Cycling Centre, as well as, cross country skiing trails for the KOA Campground. e) Surrounding Land Uses: Surrounding land uses are rural in nature. The KOA Campground is located across from the subject lands on Reay Road. f) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement As the natural heritage features of the property have been evaluated and are proposed to be excluded from development as per the Environmental Impact Statement (EIS) prepared by RiverStone Environmental Solutions Inc. and through Environmental Protection (EP) Zoning, the application, as submitted, would appear to be consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Rural Area, in part and Natural Heritage Area, in part as identified in the Town of Gravenhurst Official Plan. Schedule B of the Official Plan identifies Wetlands, as well as, a Muskoka Heritage Area on the subject lands. Section E1.6 states that new lots shall be of a size suitable for the sustainable operation of private water and sewage disposal systems. New lots for residential purposes shall be at least 1.0 hectare in area unless it is demonstrated by a hydro-geological study, completed to the Page 29 of 103

30 Report to: Planning Council ZA January 24, 2017 satisfaction of the approval authority, that a smaller lot size is sustainable and will not adversely impact the water quality or quantity on adjacent lands. The minimum lot size shall be 0.4 hectares. Unless specified elsewhere in the Plan, new lots shall have frontage on a year round publicly maintained road. In order to implement the Growth Management policies of this Plan it is anticipated that approximately five new lots will be created in the Rural Area annually, reviewed within the time horizon of this Plan. New rural residential lots shall be limited to a maximum of 3 lots per original 40.0 hectare lot. Consideration for additional lots may be given where the proposed lot is located between two existing dwellings that are less than metres apart or within an existing rural cluster of houses where there are more than 6 dwellings within a distance of metres. Where new lots are created for uses that require setbacks and buffers from adjacent land uses, the setbacks and buffers shall be provided on the lot on which the use is located. Residential development, other than development on existing lots or draft plan approved lots and other forms of development that may be incompatible with the aggregate operation will not be permitted to establish within metres of approved extractive locations. New lots shall not result in increased demands on municipal services such as roads, snowplowing, fire and police protection or community services such as schools and recreational services. The purpose of the consent application is to create on new lot for residential use. The consent zoning amendment application would limit the uses on the proposed lot to residential uses only as well as defining the precise boundaries of the wetland identified in the Riverstone Environmental Solutions Inc. report. Section G of the Plan relates to Natural Heritage Areas and states that the alteration of the physical and/or biological features of lands designated Natural Heritage Area shall be prevented wherever possible. In those cases where the alteration to any Natural Heritage Area is proposed, it shall be supported by appropriate justification in the form of an Environmental Impact Statement as described in Section I (Environmental Impact Statement) of this Plan and shall first be justified in terms of need and an examination of possible alternatives to the alteration. Development is not permitted in Provincially Significant wetlands. The precise boundary of any Natural Heritage Area shall be determined as a component of an Environmental Impact Statement or Site Evaluation Report. Until such an evaluation is complete, no development shall be undertaken within a Natural Heritage Area or on the adjacent lands. Adjacent lands are the lands adjacent to a Natural Heritage Area where the potential impacts of a development proposal must consider Policies regarding adjacent lands found in Section I Not all of the natural heritage features in the Town have been designated Natural Heritage Area or incorporated on the Land Use Schedules at the date of the adoption of this Plan. As new information becomes available, additional lands may be incorporated into the Natural Heritage Page 30 of 103

31 Report to: Planning Council ZA January 24, 2017 Area designation as part of the five-year review or as an Amendment to the Official Plan required by the Planning Act. Any application for the redesignation of an area of private lands designated Natural Heritage Area may only be given due consideration where it is established to the satisfaction of Council through an Environmental Impact Statement that the lands are not part of an environmental feature and any development will not have negative impacts on the environmental features or function of the area. The scale and the content of the required studies shall be determined at the time the development is proposed. The extent of the adjacent lands may be increased or decreased depending on the feature and the nature of the proposed development. Nothing in this Official Plan shall be construed to imply that Natural Heritage Area lands are free and open to the general public or that such areas will be purchased by the Town or any other public agency. Lands designated Natural Heritage Area shall not be accepted as parkland dedication in the development process. However, the Town will encourage the transfer of Natural Heritage lands to a public authority, a Heritage Foundation, or members of the Ontario Land Trust Alliance or other similar organization. The boundaries of the Natural Heritage Area designation are delineated in a conceptual manner on Schedules A and A-1 to this Plan. The exact location of the boundaries are intended to be delineated in the implementing Zoning By-law in accordance with detailed mapping provided by the Province or as produced by the Town, and will not require an Amendment to this Plan. The Zoning By-law shall incorporate general setbacks for lot lines, buildings, structures, parking areas and other similar facilities from lands designated Natural Heritage Area in relation to the extent and severity of the natural environmental features and ecological functions of the area. The Town will evaluate this general setback for specific development applications, as established in the Zoning By-law to provide the appropriate setback required to protect the area from the impacts of construction. A greater setback may be required to reflect site specific circumstances. The creation of new lots that would fragment Natural Heritage Areas or potentially reduce connectivity between areas shall not be permitted. The applicant has submitted an Environmental Impact Study (EIS) prepared by RiverStone Environmental Solutions Inc. dated March, The report sets out the precise location of the biophysical features. While the lands are currently developed with a Dwelling, the report recommends that the Environmental Protection Zone (EP) boundaries be updated to exclude the sensitive features from development. In consideration of the foregoing, Staff is of the opinion that the application meets the intent and policies of the Town of Gravenhurst Official Plan. Zoning By-law Current Zoning: Environmental Protection Zone (EP), in part, Open Space Zone (OS) in part and Residential Rural Zone (RR-5) subject to Special Provision 773 (S773). Page 31 of 103

32 Report to: Planning Council ZA January 24, 2017 Proposed Zoning: Residential Rural Zone (RR-5), in part and Environmental Protection Zone (EP), in part. The proposed amending Zoning By-law would have the effect of rezoning the severed lands for their intended use, as well as, accurately defining the wetland boundaries as per the Scoped Environmental Impact Study (EIS) prepared by RiverStone Environmental Solutions Inc. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services JR:cw Page 32 of 103

33 IV 18 V V V IV II 4 KEY MAP IX 14 IX 13 MATTS VIII 12 VIII 11 VIII 10 VIII 9 WINHARA VIII 8 VIII 7 11 GRAVENHURST VII 5 VII 4 AIRPORT VII 3 VII 2 VII 1 BEAVER CREEK VIII 14 VIII 13 VII 9 VII 8 VII 7 VII 6 BEAVER CREEK VI 1 VI 2 VII 15 VII 13 VII 12 VII 11 SUBJECT PROPERTY VII 10 VI 5 VI 4 VI 3 VII 14 REAY REAY VI 12 VI 11 VI 10 VI 9 VI 8 VI 7 VI 6 REAY LAKE REAY LAKE V 2 VI 13 V 4 V 3 16 VI 15 VI 14 V 6 V 5 V 8 V 7 JONES INDUSTRIAL V 16 V 14 V 15 BETHUNE V 13 EXIT DOE LAKE 12 THEATRE 11 IV 11 V 10 IV 10 V 9 IV 9 BEAVER CREEK IV 8 IV 7 IV 6 IV 5 4 IV 3 III 3 IV 2 17 IV 12 III 4 IV 15 IV 14 IV 13 LAYCOX III 8 III 7 III 6 III 5 MAPLE COVE IV 17 IV ,180 1,770 2,360 Metres III III 14 1:30,000 III 13 III 12 III 11 III 10 III 9 TOMINGAS Proposed Concurrent Consent Application B/13/2016/GR and Zoning Amendment Application ZA STANHOPE INVESTORS LIMITED Part of Lots 9 to 10, Concession 5 and Parts of Lots 7 to 11, Concession 6 Text in the former Township of Muskoka now in the Town of Gravenhurst District Municipality Textof Muskoka Being Parts 2 to 5, Plan 35R Municipally known as 1096 Reay Road Roll No DOE LAKE Page 33 of 103

34 I : ) \ Severed Lands BI IGR * 0 * I \\\\\\\\, :_.-,/ Aç%%\%\\\\\\\ /A\\\\\\\\\\\ I \\\\\\\ Retained Lands SCHEDULE (1 of 21 Proposed Concurrent Consent and Zoning Amendment Application Nos. B GR and ZA STANHOPE INVESTORS LIMITED Part of Lots 9 to 10, Concession 5 and Part of Lots 7 to 11, Concession 6 in the former Township of Muskoka now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 2 to 5, Plan 35R municipally known as 1096 Reay Road Roll No ii II : I II I I, Disclaimers: I I the scale text on this figure (e.g., 1:1000) is based this figure has been printed on a different page size bar is accurate. should not be used in place of a I Date: January 3, 2016 Page 34 of 103

35 5coJei75O Page 35 of 103 RoIL t )o. 3Ic OO5O94.OOOO 1?wLy Gr eiqkltrsfr, c3t Rr( f,pio..v1 6R-)43I3 -rn of rcwqv1hllr5+, Ds1tcfr Mw. F - of j4 r Date: January 3, 2016 Roll No now in the Town of Gravenhurst Being Parts 2 to 5, Plan 35R District Municipality of Muskoka in the former Township of Muskoka Part of Lots 9 to 10, Concession 5 STANHOPE INVESTORS LIMITED and ZA and Part of Lots 7 to 11, Concession 6 Application Nos. B /GR municipally known as 1096 Reay Road Proposed Concurrent Consent and Zoning Amendment I re 0/ coad -f i?c,czd 77t e/k,

36 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Katie Kirton, Manager of Planning Services Date: January 24 th, 2016 Subject: ZA ; LAGUE, Robert & Wendy Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT the application be deferred pending the submission of a Planning Justification Report from a Registered Professional Planner. The Report should address current policies and assess alternative locations for the proposed addition. The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA The application was submitted to add Special Provision 1100 (S1100) to the Residential Waterfront (RW-6B) in order to permit an addition to an existing Dwelling below an existing Deck. The Zoning Amendment would permit a reduced setback from the Optimal Summer Water Level of 10.9 metres instead of the required 30.0 metres and to permit an increase in Dwelling Width from the permitted 14.4 metres to 16.5 metres at the 13.4 metre setback from the Optimal Summer Water Level. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 1.7 hectares Lot Frontage: 76.2 metres b) Servicing: Private water supply and private sewage system. c) Access: Privately maintained road: North Muldrew Lake Road Page 36 of 103

37 Report to: Planning Council Report Title: ZA Date: January 24, 2017 d) Fish Habitat: The property is located adjacent to unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. Site Inspection and Characteristics: A site inspection was conducted in December 2016 by Katie Kirton and Jeremy Rand. The property is well vegetated with mature vegetation. The lot slopes steeply from the front of the Dwelling to the lake. e) Surrounding Land Uses: The surrounding uses are residential waterfront. f) Shore Road Allowance: Not applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies The property is designated Waterfront Area, as identified in the Town of Gravenhurst Official Plan. More specifically, the following Sections are considered to be the most notable in the review of this application. D2.1 PRESERVATION OF VEGETATION New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and littoral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. Page 37 of 103

38 Report to: Planning Council Report Title: ZA Date: January 24, 2017 As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline. D2.2 CHARACTER OF THE SHORELINE ENVIRONMENT Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area. Council will adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies. The Zoning By-law implementing this Official Plan will include regulations that will: a) limit lot coverage within 20.0 metres of the shoreline; b) require the shoreline area and 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area; c) limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line; d) limit the size of marine related structures relative to the amount of shoreline frontage of the lot; e) limit the size of boathouses relative to the lot area within 20.0 metres of the shoreline and the height of boathouses to one storey; and, f) prevent the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock. These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area by 50 percent or more. Council may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration. It appears that there may be an opportunity to add the proposed screen room to the side or rear of the Dwelling. Staff have requested additional information from the applicant on alternative locations for the addition and planning rationale for the location of the proposed addition. Although the existing Dwelling currently has a non-complying setback of 13.4 metres, there may be an opportunity for the addition to be setback further than the proposed 10.9 metres. Zoning By-law Current Zoning: Residential Waterfront (RW-6B) Proposed Zoning: Residential Waterfront (RW-6B), subject to Special Provision 1100 (S1100) Page 38 of 103

39 Report to: Planning Council Report Title: ZA Date: January 24, 2017 The proposed amending Zoning By-law would have the effect of permitting an addition to an existing Dwelling below an existing Deck. The Zoning Amendment would permit a reduced setback from the Optimal Summer Water Level of 10.9 metres instead of the required 30.0 metres and to permit an increase in Dwelling Width from the permitted 14.4 metres to 16.5 metres at the 13.4 metre setback from the Optimal Summer Water Level. CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Katie Kirton, Manager of Planning Services Approved by: Scott Lucas, Director of Development Services KK:sf Page 39 of 103

40 KEY MAP LOON LAKE TURTLE LAKE TURTLE LAKE Subject Property NORTH MULDREW LAKE NORTH MULDREW LAKE JUNIPER PENINSULA BROWNS MIDDLE MULDREW LAKE UPPER EAGLE LAKE MIDDLE MULDREW LAKE DEWDROP Metres 1:12,000 Zoning Amendment Application ZA# LAGUE, Robert and Wendy Part of Lot B, Concession 14 (Muldrew Lake) in the former Township of Wood now in the Town of Gravenhurst Text District Municipality of Muskoka Being Parts 1 to 3, Plan 35R Text Municipally known as 1855 N. Muldrew Lake Rd. Roll No Page 40 of 103

41 SCALE Y.." = 12' S C H E D U L E Proposed Zoning Amendment Application No. ZA LAGUE, Robert and Wendy Part of Lot B, Concession 14 (Muldrew Lake) in the former Township of Wood now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 1 to 3, Plan 35R Municipally known as 1855 N. Muldrew Lake Rd. Roll No Date: January 3, 2017 EXISTING SEPTIC BED EXISTING SEPTIC TANK LOCATION OF NEW COTTAGE NOTE: FORMER COTTAGE REMOVED AS PER PERMIT# EXISTING GUEST COTTAGE...,. HABITABLE SPACE PROPOSED UNDER EXISTING DECK -._ SHORE ALLOWANCE CLOSED AS PER BY-LAW# 914 REGISTERED AS NO. D 114 EXISTING BOATHOUSE Page 41 of 103

42 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Jeremy Rand, Planner II Date: January 24, 2017 Subject: ZA ; GOLDENBERG, Hilary J. Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Application no. ZA be approved. The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA The application was submitted in order to facilitate a Dwelling addition. If approved, the application would permit a Lot Coverage of 16.9% instead of the permitted 13.0%, as well as, a minimum Side Yard of 5.0 metres instead of the permitted 6.0 metres. A location map and sketch are attached. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: square metres Lot Frontage: 32.0 metres b) Servicing: Private water supply and private sewage system. c) Access: Municipally maintained road: Whitehead Road d) Fish Habitat: The property is located adjacent to Type 1 fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. Page 42 of 103

43 e) Site Inspection and Characteristics: Report to: Planning Council ZA January 24, 2017 A site inspection was conducted on December 9, 2016 by Jeremy Rand and Katie Kirton. The property contains a Dwelling with Decking, Docking facilities and a Garage. The Dwelling is approximately 15.0 metres from the Optimal Summer Water Level. This area slopes steeply toward the water but is well treed and mainly naturalized. f) Surrounding Land Uses: Surrounding land uses are waterfront residential in nature of varying sizes. Surrounding Dwellings are setback a similar distance to the Optimal Summer Water Level as the existing Dwelling. g) Shore Road Allowance: Owned. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The application, as submitted, is consistent with the Provincial Policy Statement. Official Plan Policies Section D2.1 of the plan indicates that: New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and litteral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake The proposed addition is located to the easterly side of the Dwelling. The addition would not be located closer to the Optimal Summer Water Level than the existing. The side yard is well vegetated and only a small portion of the addition would be located closer to the side lot line than the permitted 6.0 metres. Significant vegetation removal is not anticipated as a result of the addition. Page 43 of 103

44 Report to: Planning Council ZA January 24, 2017 Section D2.2 of the Plan states that Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area. Council will adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies. The Zoning By-law implementing this Official Plan will include regulations that will: a) limit lot coverage within 20.0 metres of the shoreline; b) require the shoreline area and 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area; c) limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line; d) limit the size of marine related structures relative to the amount of shoreline frontage of the lot; e) limit the size of boathouses relative to the lot area within 20.0 metres of the shoreline and the height of boathouses to one storey; and, f) prevent the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock. These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area by 50 percent or more. Council may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration. As the shoreline is well vegetated and the Dwelling would not be coming closer to the water than the existing setback, Staff are of the opinion that the visual impact when viewed from the water would be minimal. In consideration of the foregoing, staff are of the opinion that the application meets the intent of the Town of Gravenhurst Official Plan. Zoning By-law Current Zoning: Residential Waterfront Zone (RW-6D) Proposed Zoning: Residential Waterfront Zone (RW-6D) subject to Special Provision 1098 (S1098). The proposed special provision would permit a Dwelling with a minimum Side Yard of 5.0 metres instead of the permitted 6.0 metres, as well as, lot Coverage of 16.9% instead of the permitted 13.0%. Page 44 of 103

45 Report to: Planning Council ZA January 24, 2017 CONSULTATION The subject property has been posted. Additionally, all neighbouring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services JR:cw Page 45 of 103

46 WHITEHEAD KEY MAP ROAD 2900 SUBJECT PROPERTY LAKE MUSKOKA ROAD 3600 ROAD 3500 LAKE MUSKOKA Metres 1:4,000 Proposed Zoning Amendment Application ZA GOLDENBERG, Hilary J. Part of Lot 26, Concession 7 (Lake Muskoka) in the former Township of Muskoka now in the Town of Gravenhurst Text District Municipality of Muskoka Being Part 1, Plan Text 35R-5315 Municipally known as 1061 Whitehead Road, #2 Roll No Page 46 of 103

47 -/ E.OMET8 1 EDAREAt if I SITE STATISTICS REGULATION EXISTING PROPOSED LOT AREA as existing sm (16,500 xl) am LOT FRONTAGE 32.0 m (105 lest) 32.0 m (105 lest) SUMMER WATER LEVEL SETBACK 30.Om 15.24m 15.24m SIDE YARD SETBACK 6.Om mm. 5.3 WEST/ 8.9 EAST 8.3 WESTJ 5Dm EAST REAR YARD SETBACK ls.dm mm. 9Dm 9Dm LOT COVERAGE (13 % max) Sm max Sm (14.1%) Sm (16.9%) SHORELINE 0EV. SETBACK 20GM 20Dm 20.Om SHORELINE 0EV. AREA Sm max SM SM HEIGHT OF BUILDING 7.SOm max. 6.0Dm 6.0Dm RW ED RESIDENTIAL WATERFRDN T CDTTAGE NUMBER OF BEDROOMS NUMBER OF WASHROOMS 2 3 GRAVEL DRIVEWAY/ STEPS FILTER 4 EXIST. / PE EXIST.> H DECK> / o? L I!HI]ao i u7 7 / / E I 1.D 18.66M(61).5SM\PROPOSED\ ADDITION / SLOPE L / &0 MSETSACK - L RW ED C RESIDENTIAL WATERFRONT COTTAGE ac ci U) o..<o / GRAVEL DRIVEWAY J / 33.4 SM Page 47 of 103 / 5/ K RESIDENTIAL ZONE RW 6D (MUskoko Loke) COVERAGE AREAS GARAGE 33.4 (2.2%) NORTH DECK 39.7 (2.6%) MISC STEPS 12.5 (0.8%) EXISTING COITAGE (8.5%) TOTAL EXISTING M (14.1%) 0 z xj r PROPOSED AOOITION 43.5 (2.8%) TOTAL PROPOSED SM (16.9%) 14.66m (48.10 ).L 0 z 0 a 99 B o Da.0 s.aj

48 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Wanda Speicher, Planning Administrator II Date: January 24, 2017 Subject: SRC KUDLAK, Robert Report No. DEV RECOMMENDATIONS The Director of Development Services, in consultation with Management staff recommends: THAT the attached By-law be passed by Council. ECONOMIC IMPACT The application fee for an Original Shore Road Allowance closure at the time of receipt was $ The purchase price or consideration fee (rate per running foot of shoreline) at the time of receipt was $ The consideration fee is in a reserve fund account. COMMUNICATIONS PLAN The application has been circulated to internal agencies and the comments received to date do not identify any major concerns. The Notice of the proposed By-law to close, stop up and sell the original shore road allowance was advertised in the Gravenhurst Banner for 2 weeks, commencing December 1, PURPOSE The purpose of this report is to advise Council of the original shore road allowance closure application and to seek Council s approval of the By-law. BACKGROUND ANALYSIS AND OPTIONS The application pertains to the proposed sale of real property as outlined above. The closure is required to allow the registered owner of the abutting lands to acquire ownership of a portion of the original shore road allowance for development purposes. CONSULTATION Members of the Senior Management Team. CONCLUSION Staff is recommending that Council approve the attached By-law in order for the applicant to proceed with the purchase of the Original Shore Road Allowance. Page 48 of 103

49 ATTACHMENTS Report to: Planning Council Report Title: SRC KUDLAK Date: January 24, Draft By-law; 2. GIS Map; and, 3. Survey. RESPECTFULLY SUBMITTED BY: Author: Wanda Speicher, Planning Administrator II Approved by: Scott Lucas, Director of Development Services :ws Page 49 of 103

50 KEY MAP FITCHETT RILEY LAKE Subject Property RILEY LAKE Metres 1:3,157 Proposed Original Shore Road Allowance Closure Application No. SRC Proposed Temporary Licence of Occupation Application No. LO KUDLAK, Robert Part of Lot 26, Concession 4 (Riley Lake) in the former Township of Ryde now in the Town of Gravenhurst District Municipality of Muskoka municipally known as 1032 Fitchett Lane Roll No Page 50 of 103

51 ( I ;,I I Roll No. District Municipality of Muskojç - Municipai,y known as 1032 Pitcheft Lane now in the Town of Graveflhi.,rst Part of Lot 26, Concession 4 (Riley Lake) in the former Township of Rycle I 4 Ok I Ok 9 -S l6(4i (N I Sl I - - a C), l_ I, I - o --I-- _.r_ ( A) KUKL4K, Robert Page 51 of 103 ProposO be CloSed Portion of Shore Road Allownnce -tv rcc; k I%J),I%1L._%,J, Y Applicant Lands curienny Owned L). 2 c) t-., I Application to Close Original Shore Road Allowanc Application No. SRC Application for Temp Licence of Occupation Application No. LO

52 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Jeremy Rand, Planner II Date: January 24, 2017 Subject: ZA ; HOPPER, Stephen Report No. DEV RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: PURPOSE THAT Council approve Zoning Amendment Application No The purpose of this report is to provide additional information and recommendations related to Zoning By-law Amendment Application No. ZA The application was originally heard in September of 2015 but was deferred pending confirmation that the subject lands are located outside of Provincially Significant Wetland (PSW) as well as the completion of an archaeological assessment of the property. Since that time, confirmation of the lands being located outside of the PSW was received by the Ministry of Natural Resources and Forestry (MNRF). In addition, a satisfactory archaeological assessment has since been received and an amendment has been made to the proposed by-law in order to exclude areas for development as per the report. An application was received to rezone lands located at 1 Island 8SL (Fitton Island). The subject property is currently zoned Environmental Protection Zone (EP). The proposed amending By-law would rezone a portion of the lands to add Special Provision No (S1054) in order to permit a 51.0 square metre Deck attached to a Dwelling. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 0.6 hectares Lot Frontage: metres b) Servicing: Private water supply and private sewage system. Page 52 of 103

53 Report to: Planning Council Report Title: ZA Date: January 24, 2017 c) Access: Water Access only via Sparrow Lake d) Fish Habitat: The property is located adjacent to an unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. e) Site Inspection and Characteristics A site inspection was conducted on July 28, 2015 by Jeremy Rand and Katie Kirton. The subject property contains a Dwelling with Decking as well as a Shed. Along the westerly side of the property, a Boat Port with an upper level habitable space and a Boat Shed exist. f) Surrounding Land Uses: Surrounding land uses can generally be described as waterfront residential in nature. g) Shore Road Allowance: Not Applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The following sections are considered most notable in the review of this application: Section of the Provincial Policy Statement (PPS) indicates that, Development and site alteration shall not be permitted in: a) Significant wetlands in Ecoregions 5E, 6E and 7E; and b) Significant coastal wetlands. Section of the Provincial Policy Statement (PPS) indicates that Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, and unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. An Environmental Impact Statement (EIS) by Savanta Inc. has been submitted by the applicant. The EIS concludes that the expanded Deck Area (approx square metres) would not affect ecological Page 53 of 103

54 Report to: Planning Council Report Title: ZA Date: January 24, 2017 functions within the Environmental Protection Zone. Further, the report indicated that the island does not contain Species at Risk Habitat. Despite Official Plan mapping indicating Provincially Significant Wetland (PSW) on the site, comments received by the Ministry of Natural Resources and Forestry (MNRF) indicate that there are no areas of mapped PSW on the island itself. The MNRF has indicated that they will be altering their mapping to remove the island from the PSW boundary. Official Plan Policies The property is designated Waterfront Area in part and Natural Heritage Area, in part, as identified in the Town of Gravenhurst Official Plan. Schedule B of the Official Plan identifies part of the property as Provincially Significant Wetland. The District of Muskoka has also identified a registered archaeological site on the island. Specifically, the following Sections are considered to be the most notable in the review of this application. Section B4 of the Plan outlines policies related to Cultural Heritage and states that the goal of the Plan is to identify, conserve and enhance the Town s cultural heritage resources whenever practical and to ensure that all new development and redevelopment occurs in a manner that respects and preserves the Town s publicly-owned cultural heritage and is universally accessible to all residents and visitors. a) To encourage the development of a comprehensive inventory of the Town s built heritage and cultural heritage landscape resources. b) To use cultural heritage resources to attract additional economic development, increase tourism opportunities and enhance the character of the Town. c) To ensure that the nature and location of cultural heritage and archaeological resources are known and considered before land use decisions are made. d) To protect and, where possible, preserve to the greatest degree possible, the Town s cultural and built heritage resources. e) To encourage development that is adjacent to significant cultural heritage resources to be of an appropriate and compatible scale and character. The applicant has submitted a Stage 1 and 2 Archaeological Assessment for the specific area subject to development. The report concludes that no further assessment is required as part of the subject application. If any future developments are considered within the assessed area, the report indicates that an additional assessment would be required prior to any soil disturbing activities. Section D2 of the Plan outlines policies related to Waterfront Development and states that new development shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological Page 54 of 103

55 Report to: Planning Council Report Title: ZA Date: January 24, 2017 functions of the shoreline and littoral zone environment. Primary development shall be setback a minimum of 30.0 metres from the highwater mark. Site alteration and disturbance of vegetation within 20.0 metres of the shoreline shall be limited to minor alterations to accommodate trails, marine related structures, water pumping equipment or restoration work and limited limbing of trees. As a condition of development or redevelopment, restoration of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the lake shall be used as an example of how to regulate a disturbed shoreline. The Deck subject to the application is located outside of the Shoreline Development Area and no significant vegetation was removed in the construction of the Deck. Section G1 details policies related to the Natural Heritage Area. The Natural Heritage Area represents identified wetland features, identified sensitive and significant environmental features, areas exhibiting significant biodiversity and lands that act as buffers and connections between these areas. In addition, Natural Heritage Areas may include natural hazard lands such as flood plains, steep slopes and organic soils within the Town of Gravenhurst. Section G1.6 indicates that lands adjacent to a Natural Heritage Area should be used for natural buffer areas in order to protect the integrity of the features and ecological functions of the Natural Heritage Area. Section G1.5 covers General Development Policies. This Section states that, Any application for the redesignation of an area of private lands designated Natural Heritage Area may only be given due consideration where it is established to the satisfaction of Council through an Environmental Impact Statement that the lands are not part of the environmental feature and that any development proposed will have no negative impact on the environmental features or function of the area. Section G1.5 also states that, Development is not permitted in Provincially Significant wetlands. While Schedule B of the Official Plan indicates that a Provincially Significant Wetland exists on the property, discussions with the MNRF indicate that there is a mapping error. While the property is surrounded by Provincially Significant Wetland (PSW), there are no identified environmental features located on the property. Section I of the Official Plan defines adjacent lands of a Provincially Significant Wetland as all lands within metres of the Provincially Significant Wetland boundary. Section I1.4.1 of the Plan states that an Environmental Impact Statement shall be required where development is proposed within metres of a Provincially Significant Wetland or within 30.0 metres of any other wetland, as identified on Schedule B. Development adjacent to Page 55 of 103

56 Report to: Planning Council Report Title: ZA Date: January 24, 2017 wetlands shall only be permitted if it can be demonstrated that it will not result in a negative impact on the wetland. In consideration of the Environmental Impact Statement as well as comments from MNRF, staff are of the opinion that the proposal meets the intent and policies of the Official Plan. Zoning By-law The subject property is currently zoned Environmental Protection Zone (EP). The proposed amending By-law would change the zoning of a portion of the lands to add Special Provision 1054 (S1054) to a portion of the lands in order to permit a 51.0 square metre Deck attached to a Dwelling. CONSULTATION The subject property has been posted. Additionally, all neighboring property owners within metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved By: Katie Kirton, Manager of Planning Services JR:ws Page 56 of 103

57 MCCORMICK KEY MAP Subject Property ISLAND 11SL SPARROW LAKE ISLAND 8SL ISLAND 9SL :5,000 Metres Proposed Zoning Amendment ZA# HOPPER, Stephen Fitton Island (Sparrow Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Municipally known as 1 Island 8SL Roll No Page 57 of 103

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59 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Glen B. Davies, C.A.O. Date: January 24, 2017 Subject: Muskoka Airport Governance Review Report No. DEV RECOMMENDATIONS The Chief Administrative Officer, in consultation with the Senior Management Team, recommends the following: WHEREAS InterVISTAS Consulting has been retained to undertake a governance review of the Muskoka Airport and have reached out to the Town of Gravenhurst for formal comments; AND WHEREAS one of the purposes of a two-tiered system of government is to ensure that large ticket services, including the Muskoka Airport, are attainable and affordable; NOW BE IT RESOLVED THAT Council recommend that the Muskoka Airport remain in the ownership of the District Municipality of Muskoka; AND THAT a separate decision-making board be established to operate the airport based on a defined vision and business strategy. PURPOSE This Report is to provide Committee with an update on the status of the governance review at the Muskoka Airport and to inform a recommendation from Committee to be shared with InterVISTAS as input to their consultation. The recommendation would comment on how the District of Muskoka might structure the ownership and decision-making model for the airport. BACKGROUND AND ANALYSIS As Committee may be aware, InterVISTAS Consulting was retained by the District of Muskoka in order to conduct a governance review for Muskoka Airport. As a first step in the process, InterVISTAS engaged municipalities and other stakeholders through in-person meetings to describe the nature of their retainer, the process, and to receive initial comments. Further to these introductory meetings, staff recently had the opportunity to discuss potential alternatives with InterVISTAS and to provide some initial administrative thoughts on how the airport might best be governed. More specifically, when the more detailed conversations were scheduled, they revolved around the following questions/themes: 1. Funding a. How will operating and capital expenditures be funded? 2. Ownership a. Should the District continue to own and operate the airport? b. Or should governance be with a subset of some communities only? c. Or should there be some other ownership and governance format? Page 59 of 103

60 Report to: Planning Council Report Title: Muskoka Airport Governance Review Date: January 24, Decision Making a. Are there currently too many layers of administrative control to be effective? b. Would some level of delegation for decision-making be more appropriate? c. Are you aware of any specific examples of decision or investment delays that occurred as a result of the current multi-layered model? 4. Overall Effectiveness of Current Governance Model a. With the current governance model, District Council is called upon to make strategic decisions (for example, key land sales). b. Does the current governance structure effectively help Council with these decisions? c. Or does the process result in Council lacking adequate information? d. Or is Council unduly influenced by individuals in the community? Fundamentally there are a couple of key points that the Town should emphasize as part of this consultation. The first is that we believe that part of the intention behind forming an upper tier government is to allow services that work better at a certain scale to be affordable for the residents of the area. The airport is prime example of a service that would benefit from an upper tier municipality. Collectively the residents of the District can benefit from the close proximity of a functioning airport by contributing at the larger District scale. Which leads to the second fundamental point and that is that any one individual area municipality would not be able to afford the costs associated with that airport on their own. The operating and capital subsidy required to have the airport in place approaches $1million annually and by example that would require a tax increase of approximately 9% in order for Gravenhurst to operate the airport for example. Any single municipality taking over the responsibilities of the airport would not be sustainable, particularly of there is a vision towards growth. These two points have been shared with the consultants. An additional consideration to do with a possible governance model was also shared and is summarized here. It is believed that there is opportunity to improve the effectiveness of the airport through modification of the governance structure, adjustments to the current operational decision-making (government body) to have an arms-length board consisting of expertise and/or informed knowledge in airport operations. Such realignment would allow for decision-making to take place based on informed business principles as the airport strives to achieve defined goals. Of course, based on the need for financial subsidy and other support for the forseeable future, boundaries to the role of the board would need to be well established with a clear terms of reference. There are further details to be set out in such a model that requires more analysis and conversation but this concept is worth putting forth for consideration. Notwithstanding the decision-making entity, based on the economies of scale and wide-reaching benefits to the entire District of Muskoka, staff would recommend that the ownership of the Muskoka Airport, and therefore risk abider and subsidy provider, should remain with the District Municipality of Muskoka. CONSULTATION In preparation of this report and throughout the project the following parties have been consulted: InterVISTAS Director of Development Services Manager of Economic Development COMMUNICATIONS PLAN Should Committee reach a decision/recommendation on the matter, that resolution would be sent to the District of Muskoka representing the formal comments of the Town. Page 60 of 103

61 CONCLUSIONS Report to: Planning Council Report Title: Muskoka Airport Governance Review Date: January 24, 2017 Given the economies of scale in operating the Muskoka Airport, staff would recommend that the ownership of the airport remain with the District Municipality of Muskoka, and that an evaluation take place with an eye to establishing an arms-length board for its operation and future business planning. RELATION TO OTHER FORMAL PLANS OR GUIDING LEGISLATION Municipal Strategic Plan o Goal 1 Build Economic and Employment Opportunities Working with the District of Muskoka and partners to promote the enhanced use of the Muskoka Airport. o Goal 3 Build Our Partnerships, Connection & Connectivity Economic Development Strategic Plan RESPECTFULLY SUBMITTED BY: Author: Glen B. Davies, Chief Administrative Officer Page 61 of 103

62 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Glen Davies, C.A.O. Date: January 24, 2017 Subject: Single Source Selection MRC Real Estate Services Report No. DEV RECOMMENDATIONS The Chief Administrative Officer, in consultation with the Senior Management Team, recommends: PURPOSE - That Council authorize a Single Source Selection of Deloitte for real estate advisory services relating to the acquisition/disposition of the Muskoka Regional Centre for the Town of Gravenhurst The purpose of this Report is to fulfill a requirement of the Town s Procurement Policy. Specifically, when a single source selection of a vendor for services exceeding $15,000 is recommended, a Report must be prepared to Council that details the reasons for the approach to selection. ANALYSIS & OPTIONS As indicated in previous staff reports, throughout the negotiation process respecting the Muskoka Regional Centre, it was envisioned that external expertise may be necessary along the way. In fact, this was formally acknowledged through the following Council resolution excerpt: THAT staff be authorized to allocate funds as necessary to obtain appropriate advice (legal, economic, and otherwise) as part of the consideration and negotiations with proponents and Infrastructure Ontario. The negotiations have now come to a point where external expertise would be of assistance from an appraisal, negotiation and real estate advice perspective. In that vein, and given that time is of the essence, of note is that the C.A.O. does have a historic professional relationship with a renowned firm in this field, being Deloitte. Deloitte also has extensive experience in working with Infrastructure Ontario on acquisition and significant development projects. Given the past positive relationship amongst other benefits, staff would like to proceed with retaining this firm as soon as possible. From a policy context, and to further assist in understanding the purpose of this report, the following excerpt from the Town s Procurement Policy is applicable: Page 62 of 103

63 Report to: Planning Council Report Title: Single Source Selection MRC Real Estate Services Date: January 24, 2017 Where a Single Source is proposed, a written report indicating the rationale for a noncompetitive selection shall be submitted to Council for approval prior to the award of any contract. CONCLUSIONS In accordance with the Town s Procurement Policy, given the C.A.O. s positive working history with Deloitte amongst other benefits, staff is recommending that Council authorize proceeding with a single source selection of Deloitte for real estate advisory services. ECONOMIC IMPACT While a contract has yet to be finalized, and the precise extent of work required to complete the process is yet to be determined, staff believed that it was appropriate to prepare this Report to Council given the potential for costs to exceed the $15,000 threshold in the Procurement Policy. RELATION TO OTHER FORMAL PLANS OR GUIDING LEGISLATION Municipal Strategic Plan: ATTACHMENTS N/A - Goal 1 Build Economic and Employment Opportunities - More specifically, one of the key Objectives (or actions in this case) is to Lobby for the expedited redevelopment and optimal use of key Gravenhurst properties. RESPECTFULLY SUBMITTED BY: Authored by: Glen B. Davies, Chief Administrative Officer Page 63 of 103

64 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (POLLARD) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule I08 of Appendix "A" of By-law of the Town of Gravenhurst, as amended, is hereby further amended by changing the Rural Zone (RU) to a Residential Waterfront Zone (RW-6), on Part of Lot 18, Range EMR, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 5 to 8 on Plan 35R-12814, and as shown on Schedule "A-1" affixed hereto. 2. Schedule "A-1" is hereby declared to form part of this By-law. 3. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, 2017 MAYOR CLERK Page 64 of 103

65 This is Schedule A-1 to By-law of the Town of Gravenhurst, passed this day of, NTS Mayor Clerk Lands zoned Residential Waterfront (RW-6) on Part of Lot 18, Range EMR, in the former Township of Morrison, now in the Town of Gravenhurst District Municipality of Muskoka; being Parts 5 to 8, Plan 35R Roll No Page 65 of 103

66 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (BRIGADOON RESORT INC.) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule I06 of Appendix "A" of By-law of the Town of Gravenhurst, as amended, is hereby further amended by the deletion of Special Provision 303 (S303) from the subject lands only and the addition of Special Provision 1097 (S1097) to the Commercial Waterfront Zone (CW-8), on Part of Lot 28, Concession 8, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 4, Plan 35R and Parts 1 and 4, Plan 35R-21709, as shown on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: 1097.Notwithstanding any provisions to the contrary of Sections or 24 of this Bylaw, within the lands zoned Commercial Waterfront (CW-8) on Schedule I06 of Appendix "A", described as Part of Lot 28, Concession 8, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 4, Plan 35R and Parts 1 and 4, Plan 35R-21709, the following special provisions shall apply: (i) Regulations: Section shall not apply; The minimum sill elevation of all openings in a Habitable Building shall be metres; and The construction of buildings and/or additions shall be permitted, provided that the total lot coverage added does not exceed square metres for each 0.4 hectare in lot area of the subject lands. All other provisions of By-law as applicable to a Commercial Waterfront Zone (CW- 8) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. Page 66 of 103

67 By-law Page 2 (BRIGADOON RESORT INC.) 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK Page 67 of 103

68 This is Schedule A-1 to By-law of the Town of Gravenhurst, passed this day of, Mayor Clerk NTS Lands zoned Commercial Waterfront (CW-8), subject to Special Provision 1097 (1097), on Part of Lot 28, Concession 8, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 4, Plan 35R and Parts 1 and 4, Plan 35R Roll No Page 68 of 103

69 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (SHROTT and SHROTT-MCKINNON) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule D-05 of Appendix "A" of By-law of the Town of Gravenhurst, as amended, are hereby further amended by the addition of Special Provision 1099 (S1099) to the lands zoned Residential Two Zone (R-2) on Part of Lot 22, Concession 6, in the former Township of Muskoka, now in the Town of Gravenhurst District Municipality of Muskoka, being Lot 6, Plan M-565 and as shown on Schedule A-1 affixed hereto. 2. Appendix "C" to By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following provisions to Special Provision 1099 (S1099): (i) (ii) Additional Permitted Uses: Detached Accessory Dwelling Unit. Additional Regulations: A Detached Accessory Dwelling Unit shall have a maximum height of 1.5 stories; and One (1) Dock shall have a maximum Projection of 15.0 metres. All other provisions of By-law as applicable to a Residential Two (R-2) shall apply. 4. Schedule "A-1" is hereby declared to form part of this By-law. 5. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK Page 69 of 103

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71 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (STANHOPE INVESTORS LIMITED) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedules C-07 of Appendix "A" of By-law of the Town of Gravenhurst, as amended, is hereby further amended by changing a portion of the lands zoned Environmental Protection Zone (EP) and Open Space Zone (OS) and Rural Residential Zone (RR-5) subject to Special Provision 773 (S773) to Rural Residential Zone (RR-5), as shown blackened on Schedule A-1 affixed hereto and a portion of the Open Space Zone (OS) and the Rural Residential Zone (RR-5) subject to Special Provision 773 (S773) to Environmental Protection Zone (EP) as shown hatched on Schedule A-1 on part of Lot 7, Concession 6 in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka and as shown on Schedule A-1 affixed hereto. 2. Schedule "A-1" is hereby declared to form part of this By-law. 3. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK Page 71 of 103

72 This is Schedule A-1 to By-law of the Town of Gravenhurst, passed this day of, Mayor Clerk NTS Lands zoned Residential Rural Zone (RR-5) on Part of Lot 7, Concession 6, in the former township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. Lands zoned Environmental Protection Zone (EP) on Part of Lot 7, Concession 6, in the former township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. Roll No Page 72 of 103

73 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (LAGUE) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule E03 of Appendix "A" of By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of Special Provision 1100 (S1100) to the Residential Waterfront Zone (RW-6B), on Part of Lot B, Concession 14, in the former Township of Wood, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 3, Plan 35R-15609, and as shown on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: 1100.Notwithstanding any provisions to the contrary of Section 14 or Section (iii) (c) of this By-law, within the lands zoned Residential Waterfront (RW-6B) on Schedule E03 of Appendix "A", described as Part of Lot B, Concession 14, in the former Township of Wood, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 3, Plan 35R-15609, the following special provisions shall apply: (i) Regulations: a) The setback from the Optimal Summer Water Level shall be 10.9 metres for a Dwelling only; and b) The maximum Dwelling Width at 13.4 metres from the Optimal Summer Water Level shall be 16.5 metres. All other provisions of By-law as applicable to a Residential Waterfront Zone (RW- 6B) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. Page 73 of 103

74 By-law Page 2 (LAGUE) 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, 2017 MAYOR CLERK Page 74 of 103

75 This is Schedule A-1 to By-law of the Town of Gravenhurst, passed this day of, Mayor Clerk NTS Lands zoned Residential Waterfront (RW-6B), subject to Special Provision 1100 (S1100), on Part of Lot B, Concession 14, in the former Township of Wood, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 3, Plan 35R Roll No Page 75 of 103

76 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (GOLDENBERG) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule D-05 of Appendix "A of By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of Special Provision 1098 (S1098) to the Residential Waterfront Zone (RW-6D) on Part of Lot 26, Concession 7, in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka, being Part 1, Plan 35R-5315 and as shown blackened on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: Notwithstanding any provisions to the contrary of any Section of By-law 10-04, as amended, the following special provisions shall apply to the subject lands: (i) Additional Regulations: A Dwelling shall have a minimum Side Yard of 5.0 metres; and The maximum Lot Coverage shall be 16.9%. All other provisions of By-law as applicable to the Residential Waterfront Zone (RW-6D) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK Page 76 of 103

77 This is Schedule A-1 to By-law of the Town of Gravenhurst, passed this day of, Mayor Clerk NTS Lands zoned Residential Waterfront Zone (RW-6D), subject to Special Provision 1098 (S1098) on Part of Lot 26, Concession 7, in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka, being Part 1, Plan 35R-5315 Roll No Page 77 of 103

78 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW Being a By-law to amend Zoning By-law as amended (HOPPER) WHEREAS By-law of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule I-05 of Appendix "A of By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of Special Provision 1054 (S1054) to the Environmental Protection Zone (EP) on Fitton Island (Sparrow Lake), in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka, and as shown on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: Notwithstanding any provisions to the contrary of any Section of By-law 10-04, as amended, the following special provisions shall apply to the subject lands: (i) Additional Regulations: A Dwelling with a Deck shall be permitted within the Environmental Protection Zone (EP). All other provisions of By-law as applicable to the Environmental Protection Zone (EP) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. Page 78 of 103

79 By-law HOPPER Page 2 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST TIME this 22 nd Day of September, 2015 MAYOR CLERK SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK Page 79 of 103

80 !" #"$% &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& '() NTS " # * + &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& '(), -." / 0 1./2 $3 #/%*1%*2! 4 1#,)2 " # ' 5'#')) Page 80 of 103

81 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW A By-law to adopt a Ontario Municipal Board Order for Zoning By-law Application (ZA ) (OMB Case No. PL110213) WHEREAS a Zoning Amendment Application (ZA ) was considered by Council on January 25 th, 2011; AND WHEREAS the By-law was defeated on the same date and appealed by the applicant; AND WHEREAS a settlement was subsequently reached between the Town and applicant/appellant, the approval of which occurred on July 3 rd, 2012; AND WHEREAS the settlement was considered by the Ontario Municipal Board at a hearing held on July 18 th,2012, resulting in the approval of that settlement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. The Council of the Town of Gravenhurst hereby adopts the Order from Ontario Municipal Board Order No. PL (Loon Call Muskoka Inc.) issued in writing on October 26 th, 2012 and the zoning by-law attached thereto incorporating the required changes. 2. Schedule "A-1" is hereby declared to form part of this By-law. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK Page 81 of 103

82 Commissiondes affaires municipales de l Ontario Ontario Municipal Board PL October 26, 2012 os rl 1.jc3I ISSUE DATE: IN THE MATTER OF subsection 51(43) of the PlanningAct, R.S.O. 1990, c. Page 82 of 103 the Town of Gravenhurst to enact an amendment to Zoning By-law and Zoning [1] This is an appeal by Loon Call (Muskoka) Inc. (Appellant) against the refusal of INTRODUCTION DECISION DELIVERED BY C. CONTI AND ORDER OF THE BOARD Loon Call (Muskoka) Inc. N. Macos Town of Gravenhurst J. Cruickshank Parties Counsel APPEARANCES: Property 0MB Case No.: 0MB File No.: Municipal File No.: Municipality: Subject: Address/Description: Appellant: Conditions of approval of draft plan of subdivision Part Lot 19, Conc 5 (Now Lot 9, Plan RCP 5) i PL PL S Town of Gravenhurst Loon Call (Muskoka) Inc. P.13, as amended 0MB Case No.: PL MB File No.: PL permit a range of housing unit types. By-law of the Town of Gravenhurst to rezone lands known municipally Part Lot 19, Conc 5 (Now Lot 9, Plan RCP 548) from Residential (R-1) and Open Space (OS) to subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Loon Call (Muskoka) Inc. has appealed to the Ontario Municipal Board under Council s refusal to enact a proposed amendment to Zoning By-law and Zoning C)L Ob-)D

83 By-law 10-04, and with regard to proposed conditions for an approved plan of subdivision, for a property at Part Lot 19, Concession 5, in the Town of Gravenhurst. townhouse units. The Appellant proposed a redline revision to the draft plan which [2] The p1an of subdivision on the subject lands was draft approved in 2008 to permit twenty-five single family lots. In 2011, the Appellant submitted an amended plan to the Town which included a mix of single detached dwellings, semi-detached dwellings and would have been implemented through a revised condition 1 of the draft plan approval which refers to the specific plan to which the approval applies. The Town refused the [31 The subject property consists of 2.52 hectares located at the west limit of Pine to the north of the subject property is a residential development known as the Kingbrook Subdivision. Lands to the south are being developed as a new phase of the Kingbrook [4] At the commencement of the hearing the Board was informed that a settlement Municipality of Muskoka and Minutes of Settlement (Exhibit 1, Tab 23) were filed. EVIDENCE [5) The Board heard evidence on behalf of the settlement from Robert List, more than thirty years of experience. He was qualified by the Board as an expert in land [6] The Board also heard evidence on behalf of the settlement from Derrick Hammond, Director of Planning Services with the District of Muskoka. Mr. Hammond is Page 83 of 103 use planning. President of List Planning Ltd. Mr. List is a Registered Professional Planner who has had been reached among the Appellant, the Town of Gravenhurst and the District development. Street in Gravenhurst. Residential lands are located along Pine Street to the east, and intended to implement the changes to the draft plan of subdivision. proposed amendments to the plan. The proposed amendment to the Zoning By-laws is -2- PL110213

84 -3- PL a Registered Professional Planner who has more than twenty years of experience. He was qualified by the Board as an expert in land use planning. In addition, the Board heard evidence from Heather Moore, Director of Programs for the District of Muskoka. [7] A number of individuals attended the hearing to express concern about the proposal. R. Patton, S. Fraser and A. Kunst, representing Kingbrook, sought and were granted participant status in the hearing and provided evidence in opposition to the proposal. ISSUES, ANALYSIS AND FINDINGS [8] The Board has carefully considered the evidence of the parties and the testimony of the participants. The participants raised concern about locating a more intense form of housing in an area characterised by single-detached homes, many of which have larger lots. The participants issues mainly involved the compatibility of the proposal with the character of the area. [9] The parties maintain that the proposal is desirable, it is compatible with the area and measures have been incorporated to mitigate impact on the surrounding area. Detailed planning evidence was provided by Mr. List. [101 Mr. List explained that redline revisions have been undertaken to the previous plan of subdivision in order to achieve the settlement. In the revised plan (Exhibit 1, Tab 26), the proposed townhouses have been eliminated and replaced with semi-detached units. The revised plan still proposes fourteen single-detached lots along the north boundary of the site. These lots abut large single family lots to the north. Sixteen blocks are set out in the revised plan for semi-detached dwellings. The majority of the semi detached blocks abut the Kingbrook lands to the south. The revised plan also contains an open space block, a parkland block, and a stormwater block. The extension of Pine Page 84 of 103

85 property. Street through the site will be a public road and municipal services are available for the Page 85 of 103 Town of Gravenhurst Official Plan. He noted that the subject property is within the [15] Mr. List also indicated that the proposal complies with the requirements of the component only adds to its value. stated that the proposal meets all of the planning tests and that the affordable housing in section D of the Official Plan which deal with settlement pattern and policy. Mr. List unit in Muskoka. Mr. List indicated that the proposal complies with the relevant policies at least 10 per cent below the average purchase price of a permanent residential resale complies with policy C.37 which requires that the purchase price affordable housing be housing that is affordable. He indicated that the proposal helps fulfill this objective and Muskoka Official Plan (Exhibit 1, Tab 35). He noted that objective B.1 1 (Exhibit 1, Tab 35, p. 35-5) encourages the provision of a wide array of housing opportunities including [14] Mr. List stated that the proposal complies with the requirements of the District of use of land and infrastructure. He stated that the proposal is consistent with the PPS. promote intensification, provision of a variety of housing types, and the more efficient Exhibit 3, is consistent with sections of the Provincial Policy Statement (PPS) which [13] In Mr. List s opinion, the proposal, with the revisions included in Exhibit 2 and communities. The Appellant has undertaken a number of these types of projects in other [12] Mr. List indicated that the intent of the proposal is to provide attainable housing. that it deals with some of the concerns of area residents. indicated that this requirement has been incorporated into condition 12 of Exhibit 3 and prior to the construction of the first dwelling in the subject plan of subdivision. Mr. List be constructed at the rear of the fourteen single family lots on the north limit of the site [11] The parties filed a revised By-law Amendment (Exhibit 2) and revised conditions of draft plan approval (Exhibit 3). Mr. List noted that as part of the settlement a fence will -4- PL110213

86 -5- PL Urban Centre of Gravenhurst and it is designated as Urban Residential Area (Exhibit 1, Tab 36, P ). This area is identified in the Official Plan as a growth area for the Town. The policies of the plan promote efficient use of land and compact forms of development. Mr. List stated that the proposal meets the objectives in section Cl.3 of the Official Plan by ensuring that development is integrated into the community in a compact manner, by providing a variety of housing options and by encouraging connectivity in the Town through provision of an open space and trail system (Exhibit 1, Tab 36, p. 36-6). Mr. List also noted that the proposal complies with policies in the Official Plan which permit the types of housing being proposed and encourage affàrdáblel,ousing. He indicated that the proposal meets the density provisions in section Cl of the plan (Exhibit 1, Tab 36, p. 36-8). [1.6] Mr. List s opinion is that the proposal complies with all relevant requirements of the Town of Gravenhurst Official Plan. He indicated that the proposal provides an opportunity to meet the goals and objectives of the Official Plan regarding affordable housing. [17] Mr. List indicated that the revised plan of subdivision complies with the provisions of s. 51(24) of the Planning Act. It has regard for matters of provincial interest, it represents orderly development, it provides for a variety of housing forms, it is not premature, it conforms to the Official Plans, the shape and dimension of the proposed lots is appropriate, and it is in the public interest. Mr. List s expert opinion is that the proposed plan meets all of the applicable requirements of s. 51(24). [18] Mr. List indicated that the property is zoned Ri which permits the single detached use. A portion of the property is rezoned in the revised By-law Amendment (Exhibit 2) to Residential Multiple Zone 1 (RM-1) in order to permit the semi-detached use. Mr. List indicated that no alterations to the Zoning By-law s standards are required to accommodate either the single residential or the semi-detached lots. Mr. List s opinion is that the revised By-law amendment complies with the Gravenhurt Official Plan. Page 86 of 103

87 [191 With regard to revised conditions of draft plan approval (Exhibit 3), Mr. List stated Page 87 of 103 Order is provided below. conditions of draft plan approval and the revised By-law amendment. The appropriate the terms of the Minutes of Settlement (Exhibit 1, Tab 23) and approve the revised [24] In consideration of the above, the Board will allow the appeal in part based upon requirements. [23] The Board accepts and agrees with the opinion evidence provided in support of with the requirements of the Gravenhurst Official Plan and meets all other relevant 51(24) of the Planning Act. Furthermore, the proposed By-law Amendment complies Amendment. Based upon the evidence, the Board finds that the revised conditions of approval which reflect the redlined draft plan of subdivision meet the requirements of s. the settlement and the revised conditions of draft plan approval and the revised By-law the proposal to mitigate potential impact. desirability of the proposal and that appropriate measures have been incorporated into uncontradicted and comprehensive. Furthermore, the evidenced demonstrates the law Amendment (Exhibit 2). The expert planning opinion provided by the parties is terms of the settlement and the revised conditions of draft approval (Exhibit 3) and By [22] The Board has considered the submissions of the parties and participants, the for attainable housing in the area. [21] Ms. Moore s testimony emphasized the importance of the project and the need Official Plan. stated that in his opinion the proposed plan complies with the District of Muskoka [20] The evidence of Mr. Hammond supported the conclusions of Mr. List and he opinion is that the revised plan of subdivision with the proposed conditions meets all the vegetative buffer and 12 (c) which requires the installation of the fence. Mr. List s requirements of s. 51(24) of the Planning Act. that all conditions are standard, except for 12 (b) which requires maintaining a -6- PL110213

88 -7- PL ORDER [25] The Board orders that the appeal is allowed in part and Zoning By-law and Zoning By-law of the Town of Gravenhurst are amended as set out in Attachment 1 [26] And furthermore conditions of draft plan approval are amended as set out in Attachment 2 and are approved as amended. [27] In all other respects the appeal is dismissed. C. Conti C. CONTI MEMBER Page 88 of 103

89 ATTACHMENT I amended, is hereby further amended by the addition of the following Page 89 of , as amended, the following special provisions shall apply: 831. NotwIthstanding any provisions to the contrary Zoning By-Law 10- land use In the Town of Gravenhurst; provisions of the Planning Act, R.S.O. 1990, Chapter P13 and Ontario Speciai Provision: 3., Appendix C to By-law of the Town of Gravenhurst, as has been passed to constitute the Comprehensive Zoning By-law regulating 548 and as shown oil Schedule A-i affixed heret&. Part of Lot 19, ConcessIOn 5, In the former Township of Muslka, now 2. Schedules D06 and D06-01 of Appendix A of By-law of the Gravenhurst, District Municipality of Muskoka; being Lot 9, Plan RCP TOWN OF GRAVENHURST ENACTS AS FOLLOWS: Town of Gravenhurst, as amended, are hereby further amended by Concession 5, in the former Township of Muskoka, now In the Town of (RM-1) subject to Special Provision 831 (S831), on Part of Lot 19, changing part of the Residential One Zone (R-1) to a Residential changing part of the Open Space Zone (OS) to Residential Multiple Zone In the Town of Graverihurst, DistrIct Municipality of Muskoka; being Lot 1. Schedules D06 and D of Appendix A of By-law, of the NOW THEREFORE BY-LAW OF THE CORPORATION OF THE Town of Gravenhurst, as amended, are hereby further amended by Municipal Board Act; WHEREAS By-laW of the Corporetion of the Town of Gravenhuret as amended (LOON CALL MUSKOKA INC.) Being a By-law to amend Zoning By-law AND WHEREAS Zoning By-laws may be amended In accordance with the : ;.: ; BY-LAW ,i. Multiple One Zone (RM-1) subject to Special Provision 831 (S831), an THE CORPORATION OF THE TOWN OF GRAVENHURST - - Plan RCP 548 and as shown on Schedule A-i affixed hereto. -8- PL110213

90 Page 90 of 103 Issuance of an Order by the Ontario Municipal Board. 5. This By-law shall come into full force and, effect upon approval of and 4. Schedule A-i Is hereby declared to form part of this By-law. Dwelling, Steet Townhouse Dwelling, Multiple be permitted uses with the exception of: All those uses listed In Section 10 of By-law shall (I) Permitted Uses In the Residential Multiple Zone (RM-1): (LOON CALL MUSKOKA) Page 2 By-law PL110213

91 -10- PL NTS W B Page 91 of 103 Roil No being LotS, Plan ROP 548. now in the Town of Gravenhuret, District Municipality of Muskoka, on Part of Lot 19, Concession 5, In the former Township of Muskoka, Multiple One Zone (RM-1), subject to Special Provision 831 (8831) Lands rezoned from Open Space One Zone (OS) to Residential being Lot 9, Plan RQP 548. now In the Town of Gravenhuret, District Municipality of Muskoka, on Part of Lot 19, Concession 5, in the former Township of Muskoka, Multiple One Zone (RM-1), subject to Special Provision 831 (5831) Lands rezoned from Residential One Zone (R-1) to Residential This is Schedule A-t to By-law of thetown of

92 -11- PL ATTACHMENT 2 CONSOLIDATION OF SCHEDULE A PLAN OF SUBDIVISION FILE NO. S Pine Street Subdivision Part A Approval Plan of Subdivision File No. S (Pine Street Subdivision) is approved subject to Parts B, C, and D herein. Part B Conditions General Conditions Amended by 1. This approval applies to the Pine Street Plan of Subdivision, File No. S , 0MB, July 18, prepared by T.A Bunker Surveying Ltd. dated May 29, 2012, being a revision to the plan 2012 dated September 21, 2006 and redllned May 5, 2008, showing a total of lots and 20 Blocks on Part of Lot 19, Concession 5, Muskoka, Town of Gravenhurst The District Municipality of Muskoka. 2. Prior to final approval being granted, The District MunicIpality of Muskoka shall be provided with a copy of the final plan In digital format, Including road centrelines, in accordance with The District Municipality of Muskoka Digital Draft and Final Plan of Subdivision Submission Requirements. 3. Prior to final approval being granted and prior to the submission of the proposed Internal road names to the Town of Gravenhurst for approval purposes, the Owner shall submit names to The District Municipality of Muskoka for 911 verification. 4. Prior to final approval being granted, and to the execution or the Area Municipal Council s endorsement thereol The District Municipality of Muskoka shall be circulated a draft Area Municipal subdivision agreement for review and comment and shall be In receipt of a registered copy thereot Amended by 5. PrIor to final approval of Phase 2 being granted, Block 2 34 shall be dedicated to the 0MB, July 18, Town of Gravenhurst for future road access purposes; Conveyances 6. Easements as may be required for access, pedestrian walkways, utilities, drainage, or other purposes shall be granted to the District of Muskoka, the Town of Gravenhu rat and any other authority or party as may be required. Parkiand Amended by 0MB, July 18, 7. Prior to final approval of Phase I being granted, the owner shall convey Blocks 2631 and to the Town of Gravenhuret for parkland purposes. Zoning 8. Prior to final approval being granted, the property included in this plan of subdivision shall be zoned for its intended residential and open space uses. Environmental 9. Prior to final approval being granted, the owner shall provide The District Municipality of Muskoka with four copies of a detailed storm water management and construction mitigation plan prepared by a professional engineer. The plans shall be reviewed and approved by Muskoka and circulated by Muskoka to the Town of Gravenhurst. if Page 92 of 103

93 Page 93 of ict-eveiopment-aharges-are-to-be-pai4e uiesricr Dcvciepment-Gharges satisfaction. satisfied that conditions 1, 2, 3, 4, 6, 9, 13 and 14 have been complied with to their 16. Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied. satisfaction with a brief and concise statement detailing how each condition has been writing that conditions 4, 5, 5 7, , 11 and 12 have been compiled with to their 15. Prior to final approval being granted, the Town of Graven hurst shall advise the District in Clearance Letters and register on title, supplemental subdivision agreements with The District Municipality assumption and operation of same. to the installation of municipal water and sewer services and shall provide for municipal of Muskoka for each of those phases and the agreements shall include, but not be limited confirmation of available water and sanitary sewage capacity, the owner shall enter into 14. Prior to final approval being granted for any subsequent phase and subject to and otherwise, of The District Municipality of Muskoka, including but not limited to the assumption and operation of same. installation of municipal water and sewer services and shall provide for municipal amended, with The District MunIcipality of Muskoka. The agreement shall be registered subdivision agreement authorized by Section 51(26) of the Planning Act, R.SO. 1990, as on title and shall provide that the owner agrees to satisfy all the requirements, financial 13. Prior to final approval of Phase I being granted, the owner shall enter Into a master District MunIcipal Agreement Amended by entire fence shall be constructed at one time prior to the completion of the C) Require the installation of a fence In the rear yard in each of Lots I to 14. The b) Require the retention of vegetative buffers; 0MB, July construction of the first dwelling in this plan of subdivision. 18, 2012 supervision and to the satisfaction, of a certified professional engineer; and a) Require the implementation of the plans required in Condition 9 under the to The Town of Gravenhurst which wll 12. The subdivision agreement shall contain a provision or provisions In wording acceptable Gravenhurst concerning the provision of roads, sidewalks, street lighting, utilities, landscaping and lot grading amongst other matters. the owner agrees to satisfy all the requirements, financial and otherwise, of the Town of Town of Gravenhurst. The agreement shall be registered on title and shall provide that authorized by Section 51 (26) of The Planning Act R,S , as amended, with the 11. Prior to final approval being granted, the owner shall enter into a subdivision agreement Area Municipal Agreement purposes shall be conveyed to the Town of Gravenhurst. 10. Prior to final approval being granted, any lands required for stormwater management required, a Certificate of Approval for the plan shall be obtained from the Ministry of the Environment prior to construction of the works PL110213

94 -13- PL Final Plan 18. The final plan must be in registerable form together with all necessary instruments or plans describing an interest in the land. 19. Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan. Part C - Lapsing ProvIsIon Amended by In the event that the owner fails to fulfill the conditions of draft approval on or before date June 0MB, July 18, 11, 2013, July 18,2014, the approval herein granted shall be deemed to have lapsed pursuant to 2012 the Planning Act, R.S , as amended. in the event that the owner falls to fulfill the conditions of approval for the subsequent phases within twenty-four (24) months from the date of registration of the preceding phase, the approval herein granted may be withdrawn pursuant to the Planning Act R.S Part D Timing of Work The owner Is advised that any site alteration or the installation of any works or matters that may be the subject of any agreements required by this schedule shall not be permitted prior to the execution of such agreements. Where any such works, alterations or matters are undertaken in violation of this clause, approval of this plan may be withdrawn as authorized under Section 51(44) of the Planning Act, R.S.O Page 94 of 103