AGENDA - COMMITTEE OF THE WHOLE MEETING Wednesday April 27, 2011

Transcription

1 AGENDA - COMMITTEE OF THE WHOLE MEETING Wednesday April 27, 2011 Page A Regular Meeting of Committee of the Whole will be held on Wednesday April 27, 2011, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. 1. Call to Order 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. 3. Disclosure of Interest 4. Adoption of Minutes 5-19 a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Planning and Visioning a. Delegations and Petitions - 9:00 a.m Kailey Luker, Event & Tourism Consultant, Muskoka Lakes Chamber of Commerce to attend Re: Request for permanent signage Bala and Port Carling Farmer's Markets. 2. Bill Hennessey, Hennessey events to attend Re: Proposal to host an outdoor, all ages Music Festival - Bush's Sports Centre - July 30, July 31, Mr. Nick Roche, agent, to attend Re: Item 5.c.1.a., ZBA-11/11, Wang 4. Mr. Peter Higgins, agent, to attend Re: Item 5.c.1.b., ZBA-12/11, Love b. Visioning Chair Murphy and Vice Chair Harding Review of Town Hall Meeting comments. To be provided at the meeting. 2. Report from the Clerk Re: Strategic Plan Update. 3. Discussion Re: Visioning. Page 1 of 107

2 Page c. Planning Chair Nishikawa and Vice Chair Murphy 1. Zoning By-law / Official Plan Amendments a. ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & b. ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R- 4914, Parts 1-3 on Plan 35R-8829, Part 2 on Plan 35R-17651, Part 5 on Plan 35R-17886, (Monck), Roll # Site Plans / Plans of Subdivision and Condominium 3. Long Range Planning / Special Projects a. Report from the Director of Planning, Re: Zoning By-law Review, By-law , District Municipality of Muskoka Comments b. Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision 4. Other Business d. Economic Development and Communications Chair Harding and Vice Chair Burgess 6. Public Works a. Delegations and Petitions - 11:00 a.m. b. Roads and Infrastructure Chair Brent and Vice Chair Edwards 7. Corporate Services a. Delegations and Petitions - 1:00 p.m. Page 2 of 107

3 Page b. Finance Chair Burgess and Vice Chair Furniss c. Administration Chair Furniss and Vice Chair McTavish Report from the Clerk Re: Road Closing and License Agreement Fees. 2. Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis ( ). 3. Report from the Clerk Re: Declaration of surplus lands, Donaldson ( ). 4. Report from the CAO Re: Clean yards By-law. 8. Community a. Delegations and Petitions - 2:00 p.m. 1. Larrie MacRae Re: Port Carling Memorial Community Centre. 2. Sheila Durand, Chief Librarian, Muskoka Lakes Public Library Re: Library Satellite operations. 3. Milford Bay Community Centre Hall Board representatives, and other interested persons to attend Re: Milford Bay Library operations. b. Community Chair McTavish and Vice Chair Brent c. Emergency Management and Volunteerism Chair Baranik and Vice Chair McTaggart d. Parks, Trails and Libraries Chair McTaggart and Vice Chair Nishikawa 1. Discussion Re: Muskoka Lakes Public Library Satellite Operations. 2. Report from the Manager of Parks, Recreation and Facilities Re: Request for proposal - flowers for bridge boxes and Township Office in Port Carling. To be provided at the meeting. 9. New and Unfinished Business 10. Committee in Closed Session Page 3 of 107

4 Page 11. Adjournment a. Consideration of a resolution to adjourn. Page 4 of 107

5 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING Tuesday, April 5, 2011 A Regular Meeting of the Committee of the Whole was held on Tuesday, April 5, 2011, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy, Chair W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: L. Forbes - Planning Assistant R. Jeffries - Clerk s Assistant Ruth Nishikawa S. Fahner - Director of Planning Brad Burgess L. Saumur - Manager of Parks, Recreation and Facilities Bob McTavish J. Stevens - Treasurer Don Furniss D. Pink - Senior Planner Gault McTaggart R. Hayes - Fire Chief Phil Harding Jean-Ann Baranik Ron Brent REGRETS: Allen Edwards 1. Call to Order a. Mayor Murphy called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number COW-1-5/04/11 Councillor Brent Councillor Harding: Be it resolved that the Committee of the Whole agenda dated April 5, 2011 be adopted as amended to add items: 5.a.2. Planning Application Delegations 5.d.1. Consideration of resolution Re: New FM Radio Station Township of Muskoka Lakes 5.d.2. Discussion Re: Peer Review of Economic Impact Study Bala Falls Project. Draft Committee of the Whole Minutes Carried. COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 1 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 5 of 107

6 3. Disclosure of Interest a. Councillor Furniss disclosed an indirect pecuniary interest with respect to item 5.d.2. regarding the Bala Falls Project Peer Review of Economic Impact Study, based on his directorship with a company that has done business with the proponent of the project. b. Councillor Furniss had disclosed an indirect pecuniary interest at the April 4, 2011 Council in Closed Session meeting (advice that is subject to solicitor client privilege). 4. Receipt/Adoption of Minutes a. Consideration of a resolution to adopt the Special Committee of the Whole Meeting minutes held on March 11, Resolution Number COW-2-5/04/11 Councillor Brent Councillor Harding: Be it resolved that the Special Committee of the Whole Meeting minutes held on March 11, 2011 be adopted. Carried. b. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on March 15, Resolution Number COW-3-5/04/11 Councillor Brent Councillor Harding: Be it resolved that the Committee of the Whole Meeting minutes held on March 15, 2011 be adopted. Carried. 5. Planning and Visioning a. Delegations and Petitions 9:00 a.m. 1. Chair Rob Milligan and Judi Brouse, Director of Watershed Programs, Muskoka Watershed Council attended at 9:05 am Re: Muskoka Watershed Council Annual Update. Chair Milligan distributed the 2010 Muskoka Watershed Council Report Card and Championing Watershed Health brochure, copies of which are attached. Mr. Milligan reviewed his PowerPoint presentation outlining the background, goals and objectives and projects of the Watershed Council, a copy of which is attached. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 2 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 6 of 107

7 In response to Committee s question, Ms. Brouse indicated that all municipalities within the District of Muskoka have developed salt management plans. She noted the Township of Muskoka Lakes has taken a first step in implementation by purchasing a dome to cover the salt. The next step would be to pre-wet salt so that it remains on the road however noted that this is an expensive process. Committee questioned why a lake would be classified as over threshold. Ms. Brouse indicated water quality is under the purview of the District of Muskoka. She indicated she could provide a presentation regarding water quality at a future meeting. Chair Nishikawa invited Ms. Brouse to return to Committee in this regard. Ms. Brouse also extended an invitation to attend the Muskoka Forest Biodiversity Festival at Brooklands Farm in Milford Bay on May 22, Planning Application Delegations attended as follows: - Greg Corbett, Item 5.c.1.a., ZBA-07/11,RJT Investment Corp. - Savas Varadas, Item 5.c.1.b., ZBA-08/11, Durante - Christie Hamilton, Item 5.c.1.c., ZBA-09/11, Falbo - Greg Corbett, Item 5.c.1.d., ZBA-10/11, Rogers and Hull - Margaret Walton, Item 5.c.2.a., SPA-07/11, Wallace Marine Limited b. Visioning Chair Murphy and Vice Chair Harding 1. None. c. Planning Chair Nishikawa and Vice Chair Murphy 1. Zoning By-law / Official Plan Amendments a. Report from Senior Planner, Re: ZBA-07/11,RJT Investment Corp., Part of Lots 16 and 17, Concessions 9 and 10, Lot 1 on Plan M-630, (Medora), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 3 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 7 of 107

8 Mr. Greg Corbett, agent, Planscape, 104 Kimberley Ave., Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett indicated the lack of vegetation is a major concern and noted that much of the removal was done prior to the new owner s possession. A number of trees were removed near the dwelling for insurance reasons. Mr. Corbett indicated if plantings are required, he would like to meet with staff on site and review the lot together. He was unsure why a two storey boathouse was prohibited but felt it was likely due to fish habitat. He explained a Fish Habitat Study has now been completed. There are no concerns where the existing boat port and dock are located. Mr. Corbett indicated the applicants wish to bring the structure closer to compliance with the zoning by-law. They propose to remove the existing wet bar and reduce the size of the laundry area. They wish to retain the sauna. Mr. Corbett indicated he was available to answer questions. In response to Committee s question, Mr. Corbett indicated the original owners had discovered the dwelling was located too close to the water and applied for a minor variance. A condition of approval was tree plantings. Committee questioned how site plans are enforced. Mr. Pink indicated staff periodically contacts the owners with letters. He noted most property owners are cooperative. Mr. Pink explained he has been to the site and spoken with the owner as a result of complaints that more trees had been removed. In response to Committee s question, Mr. Pink explained the options available to Committee. He noted the applicants were willing to remove the wet bar and complete the plantings. After a lengthy discussion Committee deferred the application to allow the applicants to complete the tree plantings. Committee also requested that staff review the status of the building permit. b. Report from Senior Planner, Re: ZBA-08/11, Durante, Lot 5 on Plan M-98, Parts 1 & 2 on Plan 35R-22217, (Medora), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 4 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 8 of 107

9 Mr. Savas Varadas, agent, Wayne Simpson and Associates, 11 Centre St., Ste. 102, Huntsville, ON, P1H 1W4, attended the meeting. Mr. Varadas indicated he did not agree with staff s recommendation and felt the application had merit. Mr. Varadas explained the sleeping cabin above the boathouse has historically functioned as a dwelling. Mr. Varadas indicated that with the aid of the aerial mapping program available on the District of Muskoka s website he was able to obtain approximate setbacks of structures on neighbouring properties. The front yard setback for these properties averaged approximately 41 feet and lot coverage approximately 11% to 12%. They are requesting 10.8% lot coverage. He felt the requested relief from the front yard setback and lot coverage was in keeping with the surrounding properties. He noted the approval of the application would initiate site plan control and would provide an opportunity to re-vegetate the shoreline buffer area as well as other areas on the lot. Mr. Varadas felt the proposal would be an overall improvement to the lot. Committee had no questions. Resolution Number COW-4-5/04/11 Councillor Harding Councillor Brent: Be it resolved that Zoning By-law Amendment Application ZBA-08/11, Durante, Roll # , be approved for circulation. Carried. c. Report from the Senior Planner, Re: ZBA-09/11, Falbo, Part Lots 26 & 27, Concession 11, (Monck), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Ms. Christie Hamilton, agent, MPS, 63 Joseph St., Port Carling, ON, P0B 1J0, attended the meeting. Ms. Hamilton provided a detailed account of the request and noted they wish to maintain the Commercial designation to enable the property to be converted back to a hotel/motel in the future. Ms. Hamilton explained that a septic designer and Building Inspector, Sandy Bos were consulted and found no issues with the relocation of the septic system and the decommissioning of the old system. Ms. Hamilton indicated she was available to answer questions. Draft Committee of the Whole Minutes Committee had no questions. COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 5 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 9 of 107

10 Resolution Number COW-5-5/04/11 Councillor Harding Councillor Brent: Be it resolved that Zoning By-law Amendment Application ZBA-09/11, Falbo, Roll # , be approved for circulation. Carried. d. Report from the Senior Planner, ZBA-10/11, Rogers and Hull, Lot 8, Concession A, Parts 1 & 2 on Plan 35R-6069, Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Mr. Greg Corbett, agent, Planscape, 104 Kimberley Ave., Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Corbett provided a brief review of the proposed application and noted the current lot coverage is approximately 2.4%. With the proposed addition it would result in approximately 3% lot coverage. Mr. Corbett explained the lot could be subdivided into three waterfront lots and noted he felt the request was in the spirit of the Official Plan and zoning by-law. In response to Committee s question, Mr. Pink indicated the lot is not subject to site plan control. He noted a separate by-law could be passed by Council for enhanced site plan control which would ensure vegetation is maintained. Resolution Number COW-6-5/04/11 Councillor Baranik Councillor McTavish: Be it resolved that Zoning By-law Amendment Application ZBA-10/11, Rogers and Hull, Roll # , be approved for circulation. Carried. 2. Site Plans / Plans of Subdivision and Condominium a. Report from the Senior Planner, Re: SPA-07/11, Wallace Marine Limited, Part Lots 24 & 25, Concession 11, Parts 2 and 3 on Plan 35R-20257, Part 1 on Plan 35R-19477, (Medora), Roll # A copy of the report is attached. Draft Committee of the Whole Minutes Mr. Pink explained the history, nature, and location of the application/property. COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 6 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 10 of 107

11 Ms. Margaret Walton, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Walton provided a brief review of the request and noted the Friends of Minett were contacted and had no issues with the proposal. Mayor Murphy felt more public input from the community was necessary regarding this application. In response to Committee s question, Mr. Pink indicated he had contacted those whom had requested notification. There were no concerns from those notified. Mr. Fahner provided a brief history of the subject lands and surrounding lands which are zoned commercial. Mayor Murphy requested a recorded vote. Resolution Number COW-7-5/04/11 Councillor Baranik Councillor McTavish: Be it resolved that Committee of the Whole recommend to Council that SPA-07/11, (Wallace Marine Ltd.) be approved, subject to the receipt of securities. Recorded Vote: NAYS YEAS Councillor Baranik X Councillor Brent X Councillor Burgess X Councillor Edwards-Regrets Councillor Furniss X Councillor Harding X Councillor McTaggart X Councillor McTavish X Councillor Nishikawa X Mayor Murphy X TOTALS 1 8 Carried. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 7 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 11 of 107

12 3. Long Range Planning / Special Projects a. Report from the Director of Planning, Re: Comprehensive Zoning By-law Review, 100 foot Setback on Lake Joseph. A copy of the report is attached. (This report was originally presented at the March 15, 2011 Committee of the Whole). Mr. Fahner highlighted his report and sought direction from Committee. Resolution Number COW-8-5/04/11 Councillor Baranik Councillor McTavish: Be it resolved that the Committee of the Whole recommend to Council that the front yard setback for all lakes be 66 ft. (20m) and be incorporated into the new Comprehensive Zoning By-law Carried. b. Report from the Director of Planning, Re: Comprehensive Zoning By-law (formerly By-law ), Comments from July, 2010 Public Meeting. A copy of the report is attached. (This report was originally presented at the March 15, 2011 Committee of the Whole). 4. Other Business Mr. Fahner highlighted his report for Committee. Committee held a lengthy discussion regarding items 1 to 10 in the staff report. Committee felt the size of dwellings located on remote lakes (item #6 in the staff report) should not be limited. Committee requested a further review regarding front yard setbacks (item #9 in the staff report). Committee agreed a restriction of height to be less than 35 feet on small lots was too onerous and indicated it should remain at 35 feet (item #10 in the staff report). After a lengthy discussion Committee agreed to hold a Special Committee of the Whole meeting to discuss planning matters related to the Comprehensive Zoning By-law review, on Monday, April 18, 2011 at 9:00 a.m. a. None. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 8 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 12 of 107

13 d. Economic Development and Communication Chair Harding and Vice Chair Burgess 1. Consideration of a resolution Re: New FM Radio Station Township of Muskoka Lakes. This item was referred from the April 4, 2011 Council meeting. The Clerk distributed letters submitted by Haliburton Broadcasting Group and Evanov Radio Group highlighting their presentations from the April 4 th, 2011 Council meeting, copies of which are attached. Committee supported the application submitted by Evanov Radio Group for a new local radio station in the Township of Muskoka Lakes. Due to time constraints, Committee directed the Clerk to prepare a letter of support for Evanov Radio Group to meet the deadline. Resolution Number COW-12-5/04/11 Councillor Nishikawa Councillor McTaggart: Be it resolved that the Township of Muskoka Lakes supports CRTC Application # submitted by the Evanov Radio Group for a new local radio station in the Township of Muskoka Lakes. Carried. 2. Report from the CAO Re: Peer Review of Economic Impact Study Bala Falls Project. A copy of the report is attached. Councillor Furniss had disclosed an indirect pecuniary interest regarding this matter (refer to item 3.a.) based on his directorship with a company that has done business with the proponent of the project. He left the Council table at 1:55 p.m. and did not participate in the discussion. The CAO reviewed the report for Committee. Councillor McTavish expressed concerns regarding taxation and the impact on local merchants. He requested these issues be highlighted separately. Councillor Furniss returned to the Council table at 2:04 p.m. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 9 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 13 of 107

14 6. Public Works a. Delegations and Petitions 11:00 a.m. 1. Don Sherk, CEO, Highpoint Servicing Ltd. attended at 11:20 a.m. Re: Request for use of Township land for a staging area Concession 7, Lots 22 and 23 (Watt) Roll # Mr. Don Sherk, 325 Estate Court, Midland, ON, circulated copies of his presentation, a copy of which is attached. He indicated his company is rebuilding a portion of Brackenrig Road. He is requesting the use of the closed dump site owned by the Township for staging the blasted rock and for crushing purposes. The former dump site is level, buffered by trees and has access to Brackenrig Road. The lands are also well buffered from area residents. He provided a certificate of liability insurance naming the Township on the policy. Committee had many questions and concerns regarding environmental issues, site disturbance, noise restrictions, operating hours and truck traffic. It was the consensus of Committee to deny the request. b. Roads and Infrastructure Chair Brent and Vice Chair Edwards 1. None. 7. Corporate Services a. Delegations and Petitions 1:00 p.m. 1. Anne Newberry attended at 1:05 p.m. Re: Road Closing Application, Huddle ( ). Report item 7.c.1. A copy of the presentation is attached. Ms. Newberry reviewed her request for the purchase of a portion of the Township Road Allowances with Committee. She indicated that a mutual agreement has now been reached with her neighbours, Dave and Jane Low. Refer to item 7.c Michael Bunn, Grant Thornton attended at 1:15 p.m. Re: Audit Planning. A copy of the presentation is attached. Mr. Bunn highlighted his report for Committee and answered questions regarding community centre funds, contracts, audit fees, audit schedule and audit completion. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 10 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 14 of 107

15 The Treasurer indicated the audit fieldwork would be completed during the weeks of April 18 th and April 25 th The complete financial statements and auditor s report will be available by the end of June b. Finance Chair Burgess and Vice Chair Furniss 1. None. c. Administration Chair Furniss and Vice Chair McTavish 1. Report from the Public Works Superintendent Re: Application to purchase a portion of road allowance, Lot 16, Concession C, (Medora) Huddle, Roll # , Dudley Road. A copy of the report is attached. The Clerk highlighted the report. Further to the Huddle and Low delegations on February 22, 2011, calculations were submitted by Mrs. Huddle s agent for the proposed garage addition and have been reviewed by Township planning staff. She noted staffs report reflects the area required to comply with Comprehensive Zoning By-law As a result of Mrs. Huddle s presentation, Committee approved the sale of land that both parties have agreed to. Resolution Number COW-9-5/04/11 Councillor McTavish Councillor Baranik: Be it resolved that the Committee of the Whole recommend to Council that the applicant, Huddle, provide the Township with a revised survey indicating the road allowance to be purchased based on the March 23, 2011 agreement between the applicant and the neighbours, Dave and Jane Low. Carried. 2. Report from the CAO Re: Indemnity and Liability. A copy of the report is attached. The CAO highlighted his report for Committee. Committee directed the CAO to investigate Indemnity and Liability for Community Centre custodians and report back on this matter. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 11 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 15 of 107

16 Resolution Number COW-10-5/04/11 Councillor Nishikawa Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Council that: the Staff report regarding Council Indemnity and Liability be received, and further that the draft by-law being a by-law respecting the protection of the members of Council of the Corporation of the Township of Muskoka Lakes, Council Nominees and Township Employees, against liability incurred while acting on behalf of the Township, be forwarded to Council for approval. Carried. 3. Report from the Clerk Re: Renewal of License Agreement East Bay Cottagers Association, Concession 3 and 4, Part Lot 24 (Wood) Roll# A copy of the report is attached. The Clerk reviewed the application for Committee. Resolution Number COW-11-05/04/11 Councillor Nishikawa Councillor McTaggart: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be granted for a License Agreement between East Bay Cottagers Association and the Township of Muskoka Lakes for the encroachment of a frame dwelling on an Original Road Allowance leading to water, ( ), lying in between Concessions 3 and 4, Part of Lot 24, Lake Muskoka, (Wood) subject to the following conditions: 1. That the applicant agrees to the terms of the Municipality s standard License Agreement. 2. That all legal and survey fees be the responsibility of the applicant. 3. That the license agreement be for a term of 20 years with a yearly fee of $ per year for the first five years and determined thereafter by Council and be non-transferable. 4. That unless a copy of registered 35R Plan, Part 1 survey for the subject license agreement is filed in the Municipal Offices by April 5, 2012, the approval for the license agreement will be considered null and void, and the encroachment must be removed from the Township property at the applicant s expense. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 12 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 16 of 107

17 8. Community 5. That approval is deemed final when Council approves the appropriate Bylaw and License Agreement. Carried. a. Delegations and Petitions 3:00 p.m. 1. None. b. Community Chair McTavish and Vice Chair Brent 1. Report from the Manager of Parks, Recreation & Facilities, Re: Ali Hunter Cuisine. A copy of the report is attached. The Manager of Parks, Recreation and Facilities reviewed the proposal submitted by Ali Hunter Cuisine. The proposal was taken to the Milford Bay Community Hall Board and has met their conditions. Committee noted a few items of concern regarding the draft agreement. Committee had a discussion regarding long term commercial use agreements for community centres. Resolution Number COW-13-5/04/11 Councillor Nishikawa Councillor Furniss: Be it resolved that the Committee of the Whole recommend Council enact a By-law to enter into a Lease Agreement between the Township of Muskoka Lakes and Ali Hunter Ali Hunter Cuisine as recommended by the Milford Bay Community Centre Board subject to review and minor modifications between Councillor Furniss and the Milford Bay Hall Board. Carried. 2. Report from the Manager of Parks, Recreation and Facilities, Re: Paradigm Education Academy of Creative Enlightenment (PEACE) Forum. A copy of the report is attached. The Manager of Parks, Recreation and Facilities reviewed her report Committee. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 13 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 17 of 107

18 Resolution Number COW-14-5/04/11 Councillor Nishikawa Councillor Furniss: Be it resolved that the Committee of the Whole recommends to Township Council that the fees associated with Paradigm Education Academy of Creative Enlightenment (PEACE) Forum to be held at the Port Carling Memorial Community Centre on Saturday June 11, 2011 be waived. Defeated. 3. Bala Community Centre Meeting Minutes January 18, A copy of the minutes is attached for information purposes. c. Emergency Management and Volunteerism Chair Baranik and Vice Chair McTaggart 1. Minutes of the Joint Health and Safety Meeting held on January 20, A copy of the minutes is attached for information purposes. 2. Report from the Fire Chief Re: Sequin Automatic Aid Agreement for the Hekkla area. A copy of the report is attached. The Fire Chief reviewed his report for Committee. Resolution Number COW-15-5/04/11 Councillor McTaggart Councillor Nishikawa: Be it resolved that the Committee of the Whole recommend to Township Council to direct the Fire Chief to enter into discussions with the Township of Seguin to review and amend as required the Automatic Aid Agreement to provide First Call Fire Protection for the Hekkla area up to the boundary with the Town of Huntsville and that said agreement be brought back to Committee of the Whole for review and approval. Carried. Fire Chief Hayes advised of the following training workshops to be held at the District Municipality of Muskoka Office: April 8, 2011 at 1:30 p.m., Senior Elected Officials Workshop for Emergency Management. May 5, 2011 from 9:00 a.m. to 4:30 p.m., Essentials of Municipal Fire Protection Workshop. Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 14 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 18 of 107

19 d. Parks, Trails and Libraries Chair McTaggart and Vice Chair Nishikawa 1. Township of Muskoka Lakes Public Library Board Minutes February 8, A copy of the minutes is attached for information purposes. Councillor McTaggart highlighted the minutes and commented on future operational plans for some of the satellite library branches. 9. New and Unfinished Business a. None. 10. Committee in Closed Session a. None. 11. Adjournment a. Consideration of a resolution to adjourn. Resolution Number COW-16-5/04/11 Councillor McTaggart Councillor Nishikawa: Be it resolved that this meeting adjourn at 3:09 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday April 26, 2011 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling. Carried. Mayor Alice Murphy Cheryl Mortimer - Clerk Draft Committee of the Whole Minutes COMMITTEE OF THE WHOLE MINUTES April 5, 2011 PAGE # 15 Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on April 5, Page 19 of 107

20 April 12, 2011 Mayor Alice Murphy & Councillors Township of Muskoka Lakes Via Dear Mayor Alice Murphy & Councillors, Muskoka Lakes Chamber of Commerce is thrilled about the upcoming Port Carling Farmer s Market. We know this will have a very positive economic impact on Township, and specifically Port Carling. MLCC is happy to announce the contribution of $4, from Muskoka Futures to assist with advertising and website development costs. This funding guarantees that MLCC will have the economic resources to support and market our event. One product that MLCC would like to create for the promotion of PCFM is a permanent sign indicating the market location, date and time. We are requesting permission to locate our signs on Township property facing both traffic directions and at Hanna Park. Gravenhurst Farmer s Market exemplifies how useful a tool such as this can be as they promote their event year round. If MLCC had the opportunity to maintain a permanent Home of Port Carling Farmer s Market sign, it would be so beneficial in our marketing efforts for 2011 and years to come. As we strive to create PCFM as the most professional and high-end market in Muskoka, any signage or advertising we display will be extremely attractive, appropriate and will represent the chamber and Township in a positive manner. MLCC is requesting that Township of Muskoka Lakes permits a permanent Port Carling Farmer s Market sign to be placed on the front of Township office property, as shown in the photo below. We also request permission to place a permanent sign of the same nature at Hanna Park and at Muskoka Lakes Sports Park for additional promotion of Bala Summer Market. This expense will be covered by MLCC s marketing budget. We sincerely appreciate your consideration of our request. Thank you for your time and I look forward to hearing back from you. Sincerely, Kailey Luker, Event & Tourism Consultant Kailey Luker, Event & Tourism Consultant, Muskoka Lakes Chamber of Commerce to attend Re: Request for Page 20 of 107

21 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: April 27, 2011 SUBJECT: ANNUAL REVIEW OF TOWNSHIP STRATEGIC PLAN RECOMMENDATION: For review and direction. APPROVALS: Date Signature Submitted By: C. Mortimer, Clerk 20/04/11 Original signed by C. Mortimer Acknowledged: W. Schmid, CAO 20/04/11 Original signed by W. Schmid EXECUTIVE SUMMARY: ORIGIN: BACKGROUND: Pursuant to Township Council Policy C-GG-01 (Township Council Vision, Mission and Commitment Policy), an annual review of the Township s Strategic Plan shall be carried out. Senior Management reviewed the goals, objectives and achievements for Council s review and consideration. Township Council Policy C-GG-01 (Township Council Vision, Mission and Commitment Policy) stipulates that an annual review of the Township Strategic Plan be carried out. The Strategic Plan serves as the framework for goals and objectives and shapes the actions of Township Council and staff. Senior Management have reviewed the goals, objectives and achievements of the Township s Strategic Plan. The status of the 2010 initiative targets have been indicated in the far right column of the attached Plan. Many of the goals outlined in the 2010 plan were achieved including several additional projects not included as part of the original Strategic Plan drafted in Council members are requested to review the contents of the document and provide input and direction at the April 27, 2011 Committee meeting. FINANCIAL: The Strategic Plan is a tool to set framework and guidance during the annual budget process. Report from the Clerk Re: Strategic Plan Update. Page 21 of 107

22 4 YEAR - STRATEGIC PLAN January 1, 2007 through December 31, 2010 (as amended on January 22, 2008, February 3, 2009 and March 9, 2010) Policy C-GG-01 Report from the Clerk Re: Strategic Plan Update. Page 22 of 107

23 TOWNSHIP COUNCIL OUR MISSION Through a strong belief in community involvement and leadership we will: Maintain a strong sense of community while embracing economic enhancement and growth opportunities that respect the environment, contribute to a year round sustainable economy and enhance the quality of life of all citizens, Nurture and preserve pride in our heritage, Provide excellent service and value through good governance. OUR COMMITMENT A Framework for Council Action The Council of the Township of Muskoka Lakes will utilize its powers to create a positive framework within which boards, committees and administration may pursue the Vision to better serve our community. As a body we will: Create enabling by-laws, policies and resolutions that challenge our staff to provide Quality of Life services to our residents and businesses in the most effective and efficient manner possible. Work through our Chief Administrative Officer (CAO) and hold the CAO accountable to energize and motivate our staff to strive for excellence and continual improvement within the realistic parameters of the resources we provide through annual operating budgets and capital improvement programs. Allocate resources in our budgeting process aimed at assuring that our community remains an attractive and desirable place for all to live, work and participate in recreation activities while, at the same time, provides a balanced and thoughtful array of public services within our mandate. Report from the Clerk Re: Strategic Plan Update. Page 23 of 107

24 -2- Work together as a team to demonstrate to the public the strength of our commitment to our Township as a whole, to our staff and to our Mission. Remain focused on quality. Initiate and develop concepts that strive toward our Mission and accept the responsibility of explaining those concepts to the public. Work jointly with our administration to develop sound plans for furthering our concepts and bringing them into focus. Support the efforts of our CAO to see our plans implemented by the Township organization. Work together, through our CAO, to modify those actions that do not meet our objectives and privately and publicly applaud those which do so. Actively support our Administrative Statement of Purpose and Values and take pride in our staff for having them. We will gladly share our pride with the public. With a view to our Vision, focused on our Mission and following the framework of our Commitments, we have established strategic goals and objectives to guide our administration as follows: Report from the Clerk Re: Strategic Plan Update. Page 24 of 107

25 Township of Muskoka Lakes Goals and Objectives Summary Page 3 Report from the Clerk Re: Strategic Plan Update. Page 25 of 107 DEPENDABLE ACCESSIBILITY SUSTAINABLE MANAGEABLE RELIABLE FINANCIAL WORKABLE ENHANCED ENVIRONMENTAL ROADS ECONOMY DEVELOPMENT PUBLIC SAFETY MANAGEMENT POLICIES/BY-LAWS COMMUNICATIONS STEWARDSHIP * Continue * Review and * Develop *Complete the *Continue to provide * Continue *Ensure by-laws *Continue lobbying * Consider benchmark monitor Accessibility a strategy for Official Plan excellent fire service sound meet current efforts Provincially, the environment funding for roads. Plan as part of affordable review. financial legislative Federally and with in all service Capital Investment housing *Monitor and management. requirements and the District. areas. * Review service Plan * Complete the practice public expectation. levels for *Implement the Zoning By-law Emergency * Assure fair *Continue to develop operations. *Complete Bala Streetscape review. Preparedness. taxation. *Carry out the effectiveness of renovation of Plan organizational electronic schedules, * Provide municipal office *Preserve * Review review. agendas and minutes. comments to to enhance service. *Implement the shorelines Development District on Port Carling Charges. * Ensure fair and *Increase public service levels. *Improve Streetscape Plan *Review standards equitable education community for circulation of compensation for efforts * Improve parking facilities *Continue Corporate notices for planning employees in urban areas Identity Signage purposes. *Improve * Improve Program. *Continue to Township accessible parking *Improve public develop new website *Provide access to lakes. policies as needed PARKS AND REC snowmobile to improve all FACILITIES bridges CULTURAL processes. HERITAGE * Review *Build on the *Enhance parks service tourism potential *Protect and maintain effectiveness levels. for the area. heritage within the of by-law Township. enforcement. *Renaturalize *Support shorelines in partnership with parks. Muskoka Lakes Chamber of * Examine Commerce parks organization. *Support enhancements to *Improve water communiciations access facilities technology.

26 DEPENDABLE ROADS Page 4 Report from the Clerk Re: Strategic Plan Update. Initiative Action Deliverable Target Date Was Target Met Continue benchmark Review and approve the 5 Year Annual Capital Investment Annually with the adoption Achieved in 2010 funding for roads. Roads and Road Equipment Program to contain 5 % increase of the budget Program for in funding as per the approved 5 Year Program. Review inflation impacts. Public Works Sup't to prepare a Achieved 2008 na report for Council. Review service levels Determine adequacy of Public Works Sup't to prepare Achieved 2009 na for operations. levels of service on various a report for Council Township roads. outlining options and costs for service level enhancements to Paignton House Road. Public Works Sup't to write a 2010 Achieved in 2010 report suitable for public education outlining procedures regarding maintenance of seasonal and unassumed roads Determine adequacies of Public Works Sup't to prepare Achieved 2008 na sidewalks a report for Council Provide comments to Determine adequacy of Public Works Sup't to prepare a 2010 Deferred District on service levels of service on various report for Council outlining levels. District roads. options to be presented to District for DR 169 from Foot's Bay to Glen Orchard. Improve parking in urban areas. Explore potential for new parking Increase available urban area Ongoing Ongoing areas in conjunction with parking. 5 Year Capital Investment streetscape projects Program Page 26 of 107

27 Parks and Recreation Facilities Page 5 Report from the Clerk Re: Strategic Plan Update. Page 27 of 107 Initiative Action Deliverable Target Date Was Target Met Review parks service levels. Establish a comprehensive Management team to prepare a 2011 na parks, docks and cemeteries report for future operating maintenance program. and capital planning. Review service levels and Torrance cemetery expansion Achievements in 2009 Achievements in 2010 expansion requirements for Completion 2010 Completion 2011 municipal cemeteries. Port Carling cemetery Achievements in 2009 Achieved in 2010 improvements Completion 2010 Establish a comprehensive Manager of Parks, Recreation 2011 na trails program. and Facilities to recommend trails program Trail Signage 2010 Achievements in 2010 Complete 2011 Renaturalize shorelines Establish a plan for ongoing Carry out parks projects as per Ongoing Ongoing in parks renaturalization program and Capital Investment Program. include projects in 5-year Capital Investment Program. Archedekin Park Subject to funding Subject to funding Examine parks organization. CAO review of the need for CAO report for budget Achieved 2007 na a separate Parks consideration. and Recreation Department. Review staffing levels. Fill budgeted manager position. Achieved 2007 na Improve water access facilities Enhance access and improve Church Dock Achieved 2007 na quality of docks and landings. Skeleton Bay, Appian Way, Achieved 2008 na Adam's Bay Engineer's Report on Beaumaris Achieved 2008 na

28 ACCESSIBILITY Page 6 Report from the Clerk Re: Strategic Plan Update. Initiative Action Deliverable Target Date Was Target Met Review and monitor Management team to review Updated Accessibility Plan. Achieved 2009 na Accessibility Plan as part of Accessibility Plan. Capital Investment Program. Incorporate compliance with Achieved 2009 na Customer Service Standards Ensure that elements of Accessible streetscape Achieved 2008 na accessibility are addressed projects. in the streetscape initiatives. Complete renovation of Upgrade offices and Renovate space. Achieved 2008 na municipal office to enhance enhance service delivery. service. Improve community facilities Enhance access of Renovations and upgrades at Achieved 2007 na of community halls. Raymond Hall, Milford Bay Hall Peninsula Hall Walker's Point Hall, Foots Bay Achieved 2008 na Hall, Windermere Hall Improve accessible parking. Review Parking By-law. Identify all handicapped Achieved 2008 na parking areas. Mark all handicapped parking 2010 Complete 2011 areas Page 28 of 107

29 SUSTAINABLE ECONOMY Page 7 Report from the Clerk Re: Strategic Plan Update. Page 29 of 107 Initiative Action Deliverable Target Date Was Target Met Develop a strategy for affordable Define affordable housing for CAO to prepare a report with Achieved 2009 na housing. purposes of incentives and recommended action plan. establish a workable plan to promote construction. Assure revisions to Official Include in Revised Official Plan. Achieved 2008 na Plan and Zoning By-law accommodate affordable housing. Include in Revised Zoning By-law Achievements in 2010 Complete 2011 Implement the Bala Finalize plan and priorities for Comprehensive urban community Achievements in 2008 and 2009 na Streetscape Plan. construction. enhancement to promote tourism and year round economy. Ongoing Ongoing Remainder to be considered in 5 year capital investment program Implement the Port Carling Finalize plan and priorities for Comprehensive urban community Acheivements in 2007 and 2009 Achievements in 2010 Streetscape Plan. construction. enhancement to promote tourism and year round economy. Ongoing Ongoing Remainder to be considered in 5 year capital investment program Continue Corporate Identity 5-Year Capital Investment Program Port Carling signs erected. Achieved 2008 na Signage Program. Bala signs erected Achieved in 2010 Signs at major municipal Achieved 2009 na boundaries erected. Continuation of signage program Ongoing Ongoing Provide snowmobile bridges. Construct the Port Carling 2007 Capital Investment Program. Achieved 2008 na snowmobile bridge. Determine location for Bala Provide funds for studies in 2008 Achieved 2008 na snowmobile bridge with input from snowmobile groups. Construct the Bala snowmobile Design 2010 Subject to funding Subject to funding bridge. Construction 2010 Subject to funding Subject to funding Build on the tourism potential Enhance promotion efforts. Municipal Tourism attraction Achieved 2008 na for the area. information added to Township website. Create a steering committee to Achieved 2008 na determine content of website. Production of new Township map. Achieved 2008 na Staff support for Visitor Centre. Annually Achieved in 2010 Support partnership Allocate appropriate financial Annual budget allocation. Annually Achieved in 2010 with the Muskoka Lakes Chamber resources for fee for service. of Commerce. Support enhancements Encourage affordable and Lobby for more reliable and Ongoing Ongoing to communications technology. accessible services. broader bandwidth access to encourage new business and medical services.

30 MANAGEABLE DEVELOPMENT Page 8 Initiative Action Deliverable Target Date Was Target Met Report from the Clerk Re: Strategic Plan Update. Page 30 of 107 Complete Official Plan Engage consultant and complete Passage of Revised Official Plan. Achieved 2009 na Review. review. Complete Zoning By-law Engage consultant and complete Passage of Revised Zoning By-law Achievements in 2010 Review. review. Completion 2011 Revised Zoning By-law provisions 2010 Completion 2011 for Rooming Houses Revised Zoning By-law provisions 2010 Achieved in 2010 for boathouses Preserve shorelines. Establish a Site Alteration By-law Director of Planning to provide Achieved 2008 na by-law for Council. Establish a Tree Preservation Director of Planning to provide Achieved 2008 na By-law by-law for Council. Review standards for Review to determine the need Director of Planning to provide Achieved 2008 na circulation of notices for for expansion of the area for report and recommendations. planning purposes circulation of notice. Implement expansion of the area 2010 Achieved review in for circulation of notice 2010 with no change Improve public access to lakes. Examine opportunities to Management team to prepare Ongoing Ongoing enhance public access points. report for Council when when opprotunities arise. CULTURAL HERITAGE Initiative Action Deliverable Target Date Was Target Met Protect and maintain Township Council to Designate all Township-owned Two designations achieved in 2009 Achievements in 2010 heritage within designate Heritage Properties Heritage properties. Two designations in 2010 Deferred to 2011 the Township in the Township. Township Council to review Heritage consultant to review Achievements in 2009 Achievements in 2010 inventory of heritage properties and make recommendations. Completion in 2010 Completion 2011 Following completion of review staff to notify all owners of 2010 Completion 2011 properties on the heritage inventory of requirements regarding demolition permits.

31 Report from the Clerk Re: Strategic Plan Update. RELIABLE PUBLIC SAFETY Page 9 Initiative Action Deliverable Target Date Was Target Met Continue to provide excellent Fire personnel research Achieve Superior Tanker Achieved 2007 na fire service. and prepare for accreditation. Shuttle Certification Conduct a master fire plan. Results from plan presented 2011 na to Council. Review and update New fire stations in Achieved 2008 na 10-Year Capital Investment Walker's Point, Port Program to enhance Carling. public safety. Renovations to Bala Fire Station Achieved in 2009 na New Minett Fire Station 2010 (subject to funding) Subject to funding Expansion to Windermere fire station 2010 (subject to funding) Subject to funding Replacement of equipment Ongoing Ongoing as necessary. Monitor and practice Update Emergency Response Emergency Control Group Annually Achieved in 2010 emergency preparedness. Plan annually. to hold emergency simulation. Ensure public is aware of Council to adopt a procedure for Achieved in 2009 na Emergency Preparedness implementing and supervising measures. Reception Centres during power outages. Page 31 of 107

32 Report from the Clerk Re: Strategic Plan Update. Page 32 of 107 FINANCIAL MANAGEMENT Page 10 Initiative Action Deliverable Target Date Was Target Met Continue sound Examine the need for CAO report as Achieved 2007 na financial management. filling the vacant Treasurer part of the 2007 position. Budget process. Monitor financial policies for Treasurer to review and make Achieved 2009 na reserves, investments, recommendations regarding budgeting and debt investment policy management. Treasurer to review and make 2010 Complete 2011 recommendations regarding reserve by-laws. Review policies on budget Treasurer to review and Achieved 2009 na oversight. make recommendations. Transition to Tangible Asset Complete inventory of assets Achieved 2008 na Accounting System as mandated for transition to Tangible Asset by the Province. Accounting System. Implement Tangible Asset 2010 for 2009 Financial Completed in 2011 Accounting for 2009 Statements Financial Statements Implement new financial General ledger/accounts payable Achieved in 2009 na accounting software software Taxes/payroll software 2010 Complete 2011 Public Works software 2010/2011 Complete 2011/2012 Assure fair taxation. Set an annual Taxation Township Council adoption Annually Achieved in 2010 guideline providing for an of budget guideline. actual tax rate to fairly meet the needs of the Township. Monitor MPAC implications. Continued lobbying efforts. Ongoing Ongoing Review Development Enact revised Dev'p Charges Engage consultant to Achieved 2008 na Charges. By-law with incentives for perform review. affordable housing Enact new Dev'p Charges Achieved 2009 na By-law

33 WORKABLE POLICIES AND BY-LAWS Page 11 Initiative Action Deliverable Target Date Was Target Met Report from the Clerk Re: Strategic Plan Update. Page 33 of 107 Ensure by-laws meet Review by-laws as needed. Revised Dock By-law Achieved 2008 na current legislative requirements and public expectation. Remove Friday exemption Achieved 2009 na in Dock By-law as per Council's 2008 directive. Revised Parking By-law 2010 Complete 2011 Revised Trailer Park By-law Achievements in 2009 Achieved in 2010 Completion in 2010 Revised Business Licensing By-law 2010 Achievements in 2010 Complete 2011 Revised Discharge of Firearms Achieved 2009 na By-law Implement Exotic Animal By-law 2011 na Implement Rooming House By-law 2010 Complete 2011 Implement Clean-Yards By-law Achievements in 2009 Completion 2010 Complete 2011 Carry out organizational Review current organization CAO to prepare a report and 2010 Achieved in 2010 review. to assure effectiveness. recommendations including succession planning. Ensure fair and equitable Engage consultant to conduct Council to receive consultant's Achievements in 2009 Achieved in 2010 compensation for employees compensation review for report and make Completion in 2010 non-union staff. recommendations. Continue to develop new policies Explore new methods Township Council and CAO Ongoing Ongoing as needed to improve and capitalize on the best to work together to assure all processes. experience of others. options are explored to enhance all aspects of service. Review good governance Township Council and CAO Achieved 2008 na and CAO policies to review policies together. Implement recommendations Achievements 2009 Achievements in 2010 resulting from Health and Safety Completion in 2010 Complete 2011 review Enhance effectiveness of Review and enhance Ensure staffing complement Achieved 2008 na by-law enforcement by-law enforcement. to meet needs.

34 ENHANCED COMMUNICATIONS Page 12 Report from the Clerk Re: Strategic Plan Update. Initiative Action Deliverable Target Date Was Target Met Continue lobbying efforts Management, Council and Letters, backgrounders, Ongoing Ongoing Provincially, Federally and with the Mayor to ensure appropriate position papers and the District. messages to senior government delegations, as needed. on issues of importance. Continue to develop the Refine computerized meeting Provide on-going budget Ongoing Ongoing effectiveness of electronic agendas and materials to support and stay ahead of schedules, agendas, and enhance business process technological trends. minutes. for Council and the public. Increase public education Examine opportunities to CAO to provide advice Ongoing Ongoing efforts. enhance public awareness. as opportunities arise. Implementation of a public Achievements in 2009 Complete 2011 education effort to ensure Completion in 2010 knowledge of availability of Reception Centres in the event of power outages. Improve Township website. Improve the website as a IT Department to implement Achieved 2007 na tool for enhancing public improvements in design and awareness of Township content. policies, services and attractions. Continued website Ongoing Ongoing enhancements. Ensure Committee of Adjustment Achieved in 2009 na information is included on website Page 34 of 107

35 ENVIRONMENTAL STEWARDSHIP Page 13 Initiative Action Deliverable Target Date Was Target Met Report from the Clerk Re: Strategic Plan Update. Consider the environment in Support innovative strategies Management team reports to Ongoing Ongoing all service areas. for energy conservation and highlight how energy is waste reduction. being conserved where applicable. Replacement of inefficient fixtures Ongoing Ongoing and units with energy efficent models whenever renovations are undertaken. Support low-impact development Staff to review subdivision plans Ongoing Ongoing and make recommendations regarding low-impact stormwater management Page 35 of 107

36 ADDITIONAL 2009 / 2010 ACHIEVEMENTS Page 14 Initiative Approvals Project Status Report from the Clerk Re: Strategic Plan Update. Page 36 of 107 GRANT APPLICATIONS G8 Legacy Infrastructure Fund 3 of 14 submissions successful Paignton House Road Completed 2009 Corporate Signage Completed 2010 Bala Falls Road Streetscape Completed 2009 Building Canada Fund (Intake 1) submission successful Port Carling Streetscape - Maple Completed 2010 Medora and Joseph Streets Building Canada Fund (Intake 2) submission not sucessful Raymond Community Centre N/A Infrastructure Stimulus Fund 1 of 3 submissions successful Bala Fire Hall Renovations Completed 2009 Recreation Infrastructure 9 of 10 submissions successful Port Carling Arena Board System Completed 2009 Canada Program Bala Arena Board System Completed 2009 Windsor Park Boardwalk Completed 2010 Reconstruction Port Carling Arena Dehumidifier Completed 2009 Port Carling Arena Time Clock Completed 2009 Walker's Point Community Centre Completed 2009 Playground Equipment Bala Community Centre Completed 2009 Playground Equipment Milford Bay Community Centre Completed 2009 Playground Equipment Torrance Sunset Beach Completed 2009 Playground Equipment Community Adjustment Fund 1 of 7 submissions successful Reconstruction of Dawson Road Completed 2010 FedNor Youth Internship Program Submission successful Health and Safety Intern Position In Progress/ends July 2011 MNR Bearwise Program Submission successful Bear proof waste containers Completed 2009 OTHER INITIATIVES Construction and Administration Projects As per the above successful grant applications Filling of Two Council Vacancies Completed 2009 Implementation of new financial software Phase 1 Completed 2009 Phase 2 In progress Phase 3 Fall Muskoka G8 Summit Completed 2010 planning and participation 2010 Ontario Youth Winter Games Completed 2010 planning and participation 2010 Municipal Election Completed 2010

37 ZBA-11/11 WANG ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 37 of 107

38 ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 38 of 107

39 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: April 27 th 2011 SUBJECT: ZBA-11/11, Wang, Part of Lot 4, Concession E, (Medora), Roll # , RECOMMENDATION: That ZBA-11/11 (Wang) be denied circulation. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 20/04/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 27/04/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 27/04/11 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Proposed Rezoning: Lot Frontage 1450 ft. (Camp Jackson Road) Lot Area 61 acres Open Space (OS2) and Environmental Protection (EP1) to Waterfront Residential (WR) BACKGROUND PLANNING DATA Official Plan Designation: By-law Zoning: Rural (Area 1: Open Space) Open Space (OS2), Environmental Protection (EP1) Schedule No.: 40 Access: Neighbouring Uses: Camp Jackson Road Open Space, Waterfront Residential Page 1 of 4 ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 39 of 107

40 Original Shore Road Allowance: Fisheries Resource: Civic Address: Not Applicable Not Applicable 1160 Camp Jackson Road PLANNING CONSIDERATIONS 1. Background The applicants have, on numerous occasions, attempted to permit development on the subject lands. In 1988 a Zoning By-law Amendment Application attempting to rezone the property to residential was denied by Council. This was appealed to the Ontario Municipal Board (OMB) and Council s decision was upheld. An Application for Consent to subdivide the property into two lots was defeated circa In 1992, Official Plan Amendment and Zoning By-law Amendment Applications for a rural estate subdivision were denied. A cemetery was proposed on the lands in 1995 and was not supported. A farm was proposed in Official Plan The subject property falls within the Rural (Area 1: Open Space) Designation. In the Township of Muskoka Lakes, rural character is a mix of natural landscape and low density, randomly located development in a predominantly natural setting. 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. Section E states that land which does not have adequate direct access and frontage onto a public, year round maintained road that has the capacity to handle the traffic generated, shall not be subdivided or developed for any purpose. Section E states that development should be directed to the existing municipal road network. Expansion to the road network should not occur unless it is appropriate to the development form. The subject property falls within character Area 1, Open Space. This area is characterized by large undeveloped tracts of land with no public road access. The predominant uses both on crown land and private land are conservation, open space recreation and resource based uses. The land classified as Open Space area is in a natural state. Its pristine nature is of value to the Township in providing a reserve of natural areas and a land base for land extensive recreation activities. The uses permitted in the Open Space area will be restricted to resource related, agricultural, conservation and open space recreational uses. Hunt camps will be allowed. The municipality will not extend services to the undeveloped areas. No new lot creation is permitted in the Open Space area designation except for resource related uses other than agriculture. Section F states that in considering applications, the potential impact of similar approvals will be considered. The cumulative impact of amendments on this and other lands will be considered to have greater weight than site specific considerations. Page 2 of 4 ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 40 of 107

41 Section F lists which matters Council shall consider when reviewing exemptions to the zoning by-law, including amongst others, the impact of decisions on future development in the Township. 3. Zoning By-law The subject property is currently zoned Open Space (OS2) and Environmental Protection (EP1). The applicant proposes to rezone the property to Waterfront Residential (WR). The OS2 zone permits the uses of agriculture, conservation, forestry, hunt camp, open space recreation, and wayside pit or quarry. The EP1 zone permits the production of cranberries and structures related to flood control, erosion control, and provision of pedestrian access. The WR zoning is proposed in order to construct a residence on the lot. Although this zone does allow residential uses, Section 7.5 of the Zoning By-law still requires frontage on either a street, maintained year-round by a Public Authority, or a navigable waterway in order to construct a building. This property contains neither. 4. Site Characteristics Staff inspected the subject property on April 13 th The property contains generally undulating topography and is well treed throughout together with scattered low lying areas and wetlands. 5. Existing and Proposed Development The property currently contains a hunt camp. A two storey dwelling of 2,000 sq. ft. is proposed. Although no plan has been submitted depicting the location of the proposed dwelling, the application form states it will be located 200 feet from all lot lines. 6. Rezoning The application, as submitted, proposes to rezone the property from OS2 and EP1 to WR. Although staff is not supportive of the application, if Camp Jackson Road was maintained yearround by the municipality, the correct zoning would be Rural (Ru2), as the property is located in the Rural designation, not the Waterfront designation. If Camp Jackson Road was maintained year-round by the municipality, staff would also not be supportive of rezoning those areas zoned EP1. 7. Access Camp Jackson Road is seasonally maintained by the municipality. The municipality may be liable if anyone required emergency assistance and access was not possible. The distance from the subject property to the nearest public year-round maintained road and permanent residents is approximately 1.5 km. Upgrading the road could be a large cost to the municipality. There are adequate lands fronting on public year round maintained roads to accommodate residential development in the Rural area. 8. Two Lots The application is subject to two parcels of land, each owned by the applicants, separated by Camp Jackson Road. The parcel to the north of the road is approximately 10 acres in size and Page 3 of 4 ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 41 of 107

42 contains the hunt camp. The parcel to the south of the road is approximately 51 acres in size and is vacant. If the application was to be approved and development permitted, two residences would be possible. 9. By-law Administration Official Plan policies clearly state that lands designated Open Space or that which do not front on publicly owned year round maintained streets shall not be developed for residential purposes. The uneconomical expansion of the road network shall also be avoided. Staff cannot support the application and recommends denial of circulation. 10. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch drawn to scale. A report providing justification to the rezoning or road network expansion would be of assistance. Page 4 of 4 ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 42 of 107

43 CAMP JACKSON ROAD SUBJECT PROPERTY SOUTH OF ROAD NORTH OF ROAD ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 43 of 107

44 HUNT CAMP ON PROPERTY NORTH OF CAMP JACKSON ROAD ZBA-11/11, Wang, Part Lot 4, Concession E, (Medora), Roll # & Page 44 of 107

45 ZBA-12/11 LOVE ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 45 of 107

46 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 46 of 107

47 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: April 27 th 2011 SUBJECT: ZBA-12/11, Love, Part of Lot 28, Concession 12, (Monck), Parts 1 & 2, Plan 35R-4914, Parts 1 to 3, Plan 35R-8829, Part 2, Plan 35R-17651, Part 5, Plan 35R-17886, Roll # RECOMMENDATION: That ZBA-12/11 (Love) be approved for circulation, subject to the prohibition of further lot creation. APPROVALS: Date Signature Submitted By: D. Pink, Senior Planner 20/04/11 Original signed by D. Pink Approved By: S. Fahner, Director of Planning 20/04/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 27/04/11 Original signed by W. Schmid ORIGIN BACKGROUND Particulars of Property: Lot Frontage 580 ft. (by-law) Lot Area 7.45 acres Proposed Exemption: i) Exemption from Sections d.i) and 7.28.B being that only one sleeping cabin is permitted per lot. The property contains a dwelling and sleeping cabin. The applicants wish to construct an additional sleeping cabin. BACKGROUND PLANNING DATA Official Plan Designation: By-law Zoning: Waterfront Waterfront Residential (WR1) Schedule No.: 37 Page 1 of 4 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 47 of 107

48 Access: Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Private Laneway off Muskoka Road 118W Waterfront Residential Closed Type II General Fish Habitat Civic Address: 2631 Muskoka Road 118W, Unit # 2 PLANNING CONSIDERATIONS 1. Official Plan The subject property falls within the Waterfront Designation. The Waterfront setting consists of open space and low density residential land uses on mainland and island shorelines amongst a predominantly forested landscape. One of the main objectives of the Official Plan policies for the Waterfront designation is to ensure that built form does not dominate the natural shoreline. Section B.5.10 outlines minimum lot requirements of one acre of lot area and 200 feet of lot frontage. Section B.5.18 relates to the redevelopment of existing properties and the following of current development standards as closely as possible. Section B.10.1 states that development on the waterfront must be carefully controlled and monitored to maintain the character of the Waterfront area. Character of the waterfront is not only a result of built size and form but also the number of habitable buildings, setbacks, shoreline vegetation cover, height, shoreline structures, and historical lake development. Section B.10.3 states that one dwelling and one sleeping cabin shall be permitted per residential property, where the lot dimensions are appropriate. 2. Zoning By-law The subject property is zoned Waterfront Residential (WR1). The zoning by-law implements the Official Plan Policies by limiting waterfront residential properties to one dwelling and one sleeping cabin per lot. 3. Site Characteristics Staff inspected the subject property on April 13 th The property gently slopes up from the lake and is located along an open expanse of Lake Muskoka. The shoreline buffer is well treed along the majority of shoreline, with some large rock outcroppings. The proposed sleeping cabin will be very well to completely screened from the lake and abutting property owners by thick vegetative cover. 4. Existing and Proposed Development The subject property currently contains a two storey approximately 2,142 sq. ft. footprint (3,409 sq. ft. gross floor area) dwelling and a two storey boathouse with a 955 sq. ft. sleeping cabin above. Page 2 of 4 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 48 of 107

49 A 650 sq. ft. sleeping cabin with attached garage and covered deck totalling 1,322 sq. ft. is proposed on the lot. The resultant lot coverage is well within compliance of zoning by-law provisions. 5. Development Potential The zoning by-law requires a minimum lot frontage of 200 feet and lot area of one acre in a WR1 zone to be subdivided. The property is large at over seven acres and 1,185 feet of assessed frontage. Using the above criterion, the subject property could be subdivided to create a total of three lots. This could potentially result in a total of three dwellings and three sleeping cabins on the subject property. Staff relies a great deal on this development potential when weighing the merits of more than two habitable structures on a lot. As a condition of the approval of the additional sleeping cabin, staff recommends that the creation of three lots be prohibited. Any future lot creation application would require a concurrent Zoning By-law Amendment for closer scrutiny. 6. Proposed Sleeping Cabin Sleeping cabins are limited to a maximum floor area of 650 sq. ft. Floor area by definition excludes attached garages and porches. The proposed sleeping cabin has a floor area of 650 sq. ft., together with a 380 sq. ft. attached garage and 292 sq. ft. covered deck, totalling 1,322 sq. ft. of roofed area. The sleeping cabin is proposed at a height of 20 feet. 7. Existing Boathouse Sleeping Cabin A two storey boathouse exists on the property that previously contained a 1,050 sq. ft. dwelling unit in the second storey. According to assessment information the structure was built in 1920 and was, therefore, considered legal non-complying. In 2002, a Zoning By-law Amendment Application was denied that proposed to increase the size of the second storey to 1,100 sq. ft., at 28 feet in height. Subsequently, a Minor Variance was approved in 2004 to reduce the size of the rebuilt second storey to 955 sq. ft. as a sleeping cabin, in compliance with the height limitation of 25 feet. 8. Site Plan Control Properties zoned WR1 on Lake Muskoka are not automatically subject to site plan control. A Site Plan Agreement would be beneficial to ensure retention of the existing shoreline vegetative buffer. 9. By-law Administration As per Official Plan policies, staff does not typically support more than two habitable buildings per lot. There is added concern when one of the existing sleeping cabins is 955 sq. ft. in size. Consideration should be given to subdividing the property. Staff is able to support this application because the property could potentially be subdivided to result in three dwellings and three sleeping cabins on the lot. What is proposed is one dwelling and two sleeping cabins. Prohibiting the creation of three lots and a Site Plan Agreement to ensure vegetation retention, dark sky lighting, etc., are also beneficial. Any expansions/reconstructions of the habitable buildings will require further Council approval. Page 3 of 4 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 49 of 107

50 10. Completed Application Bill 51 amended the Planning Act and requires planning approval authorities to determine if an application is complete. For an application such as this, little accompanying information is required except a clear sketch drawn to scale. This application is, therefore, complete. Page 4 of 4 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 50 of 107

51 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 51 of 107

52 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 52 of 107

53 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 53 of 107

54 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 54 of 107

55 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 55 of 107

56 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 56 of 107

57 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 57 of 107

58 ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 58 of 107

59 BOATHOUSE WITH SLEEPING CABIN ABOVE DWELLING SHORELINE BUFFER ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 59 of 107

60 PROPOSED LOCATION OF SLEEPING CABIN ZBA-12/11, Love, Part Lot 28, Concession 12, parts 1 & 2 on Plan 35R-4914, Parts 1-3 on Plan 35R-8829, Part 2 on Page 60 of 107

61 ZONING BY-LAW REVIEW COMMENTS FROM DISTRICT MUNICIPALITY OF MUSKOKA Report from the Director of Planning, Re: Zoning By-law Review, By-law , District Municipality of Muskoka Page 61 of 107

62 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: April 27, 2011 SUBJECT: New Comprehensive By-law (formerly By-law ), District of Muskoka Comments RECOMMENDATION: That the Recommended Actions in the staff report on District of Muskoka Comments presented to Committee of the Whole on April 27, 2011 be incorporated in the new Comprehensive Zoning By-law (formerly By-law ). APPROVALS: Date Signature Approved By: S. Fahner, Director of Planning 27/04/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 27/04/11 Original signed by W. Schmid BACKGROUND Staff has divided up the comments on the new Comprehensive Zoning By-law into: General Comments, Site Specific Comments, District of Muskoka Comments and staff comments. This report represents the District of Muskoka matters. Page 1 of 1 Report from the Director of Planning, Re: Zoning By-law Review, By-law , District Municipality of Muskoka Page 62 of 107

63 NEW COMPREHENSIVE ZONING BYLAW (BY-LAW ) REVIEW OF DISTRICT OF MUSKOKA COMMENTS Report from the Director of Planning, Re: Zoning By-law Review, By-law , District Municipality of Muskoka ISSUE BACKGROUND STAFF COMMENTS RECOMMENDED ACTION 1. Waterfront Residential (WR4) Should be Titled Lakes with Development Limits 2. Vacant Lots Zoned WR4 Should Also Have Holding Zone on Them 3. Shoreline Vegetation Buffers Need To Be in Waterfront Commercial and Community Commercial Zones and WL Zones 4. Setback Requirement for Septic Systems in Official Plan Is Not Implemented In By-law Waterfront Residential (WR4) was termed Special Lake which directly correlated to Over Capacity. Lake are now either Over Threshold or Highly Sensitive. A Holding Zone can be placed on a property where certain approvals are required prior to the issuance of a Zoning By-law. This is usually done for service capacity but can be done for Site Plan Control. The Lake System Health Program, as implemented in the O.P. requires a shoreline vegetative buffer. In the case of Waterfront designation, it is 50 ft., Urban Centres 25 ft. See previous report (included in the 100 ft. setback report). Both categories of Lakes were put into one zone. Title to WR4 Zone should be changed. Although this would ensure a Water Quality Impact Assessment would be done, so does the Township s Site Plan Control By-law. A Holding Zone is unnecessary. The policy also reads where existed lots are developed, or targets cannot be met, a net improvement should be obtained. See previous report. Change title to WR4 to Lakes With Development Limits. No Action Required. Amend By-law to incorporate Shoreline Buffer in zones with water frontage other than Waterfront Residential. No Action Required. Page 63 of Lake Trout Lake Lot Creation Needs To Be Restricted. Lake Trout Lakes are given special consideration similar to Lakes With Development Limits. Lot sizes should be very large. As with Lakes with Development Limits, the appropriate zone for Lake Trout Lakes would be WR4. The lot sizes can only be determined after a Site Evaluation Report. Zone lands around Lake Trout Lakes Waterfront Residential (WR4).

64 NEW COMPREHENSIVE ZONING BYLAW (BY-LAW ) REVIEW OF DISTRICT OF MUSKOKA COMMENTS Report from the Director of Planning, Re: Zoning By-law Review, By-law , District Municipality of Muskoka ISSUE BACKGROUND STAFF COMMENTS RECOMMENDED ACTION 6. Residential (R4) and (R5) Require Connection to Full Services 7. Require a Definition for Secondary Dwelling Units 8. A Provision Is Required To Ensure Commercial Precedes Residential In Mixed Use (C5) Zone 9. Connection To Water and Sewer Services Is Required for Residential on Resort Commercial Properties Both of the zones are in Urban Centres in Urban Centres should be required to be on full services. The Official Plan permits Secondary Dwelling Units in all Community Residential Zones and Rural Zones. The Mixed Use Zone implements the Mixed Use designation of the Official Plan. The O.P. requires the commercial use to preceed the residential use. Residential units are permitted on resort properties on full services. Section C of the O.P. permits this. Section 7.38 of the zoning by-law currently requires that a building with a Habitable Room be on full services where within an Urban Service Area. A definition for Secondary Dwelling Units is needed. Staff agrees a provision is required where in the commercial use must be present prior to the residential use. The by-law currently lists the Residential use as an Accessory Use. The Commercial use must be there first. See comment #7. No Action Required. Add a definition for Secondary Dwelling Unit. No Action Required. No Action Required. Page 64 of Services For Light Industrial (M1) Zone Within the Urban Centre boundary, all development should be on full services. Building that do not require services (eg. Storage buildings) should not be required to be on services. Amend Section to include provisions related to services.

65 NEW COMPREHENSIVE ZONING BYLAW (BY-LAW ) REVIEW OF DISTRICT OF MUSKOKA COMMENTS Report from the Director of Planning, Re: Zoning By-law Review, By-law , District Municipality of Muskoka ISSUE BACKGROUND STAFF COMMENTS RECOMMENDED ACTION 11. Rural Commercial (RUC6) Permitted Uses Should Be Limited 12. General Provisions Should Reflect District Road Frontages 13. Known Areas of Fish Habitat Not Shown On Schedules 14. Zones in Bala and Port Carling Need To Correspond With Municipal Services District has long been concerned with permitted uses in the Rural area. District Road frontage requirements for new lots is reflected in the Rural Section of the by-law and not in the Community Section. Fish habitat has been shown as Environmental Protection (EP2) Zone. This only includes Lake Trout Fish Habitat. Zoning for development on full services, single service, and no service should correspond to the location of these services. The RUC6 zone permitted uses are similar to the RUC5 permitted uses with Light Industry, Marina, Service Shop and Warehousing. Only two areas in the Twp. have this zoning. Except for Bala, Port Carling, and Windermere, the road frontages can be the same as in the Rural Zones. See Separate Report. (Coming in the future). Staff agrees and the Zoning Schedules should be reviewed. No Action Required. A provision relating to District road frontages can be inserted in the by-law in the Community Section. See Separate Report. (Coming in the future). Staff to review Zone Schedules for Bala and Port Carling. Page 65 of Residential Should Not Be Permitted In Rural Commercial / Industrial Areas 16. Minett In a Rural Commercial / Industrial Zone, residential lots should not be permitted as the uses would be incompatable. This only affects one lot on Eveleigh Road. Zoning the property RUC6 would make the existing residence a legal non-conforming use. Amend Schedule 35 to rezone the one residential property to RUC6.

66 ONTARIO MUNICIPAL BOARD DECISION ROSE & BINELLI Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision Page 66 of 107

67 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: April 27, 2011 SUBJECT: Ontario Municipal Board Decision Rose / Binelli, ZBA-25/10, Lake Joseph, RECOMMENDATION: For Committee s information only. APPROVALS: Date Signature Approved By: S. Fahner, Director of Planning 27/04/11 Original signed by S. Fahner Acknowledged: W. Schmid, CAO 27/04/11 Original signed by W. Schmid BACKGROUND An application for an exemption to Comprehensive By-law was made in August The exemption was to lengthen a dock to permit a dock 88 feet in length where 66 feet is permitted. The dock addition was already in place and an Order to Comply was issued by the Building Department. Planning Committee denied the application as it constituted a deck over water. It also did not appear to be required to gain necessary water depth. The applicant appealed this decision to the Ontario Municipal Board. The Hearing was held on February 17, ANALYSIS Attached is a copy of the O.M.B. Decision rendered on March 17, Ordinarily staff would not bring an O.M.B. decision to Committee of the Whole but given the newness of Committee members and the significance of some subtleties in the Decision, it was felt wise to at this time. The decision supported the Township s position and dismissed the appeal. The Board s decision (although brief) is important to the Township for the following reasons: 1. The applicant / appellant case was supported by a consulting Planner. 2. The Board accepted the depth of water for mooring a boat (2.5 feet). 3. The Board cited Official Plan sections related to large docks (used as decks), and cumulative impact of amendments having greater weight than site specific considerations. 4. Once an application is considered complete, the Township cannot go back on it. 5. The Board stated the dock extension appeared to be for purposes other than boat docking. Page 1 of 1 Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision Page 67 of 107

68 Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision Page 68 of 107

69 Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision Page 69 of 107

70 Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision Page 70 of 107

71 Report from the Director of Planning, Re: Rose & Binelli Ontario Municipal Board Decision Page 71 of 107

72 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: April 27, 2011 SUBJECT: ROAD CLOSING AND LICENSE AGREEMENT FEES RECOMMENDATION: That the Committee of the Whole recommend to Township Council that the following policies be amended to reflect the fee increases as presented in the staff report dated April 27, 2011: - Policy C-LS-07 - License Agreement - Policy C-LS-08 Sale of Original Shore Road Allowances and Original Road Allowances - Policy C-LS-09 - Sale of Flooded Land APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk 20/04/11 Original signed by C. Mortimer Acknowledged: Walt Schmid, CAO 20/04/11 Original signed by W. Schmid EXECUTIVE SUMMARY: ORIGIN: BACKGROUND: Based on a review of the Shore Road Allowance / Road Allowance and License Agreement policies, rates and application fees, it is recommended that the rates and fees be increased by apply the consumer price index from the previous increase, that a minimum fee be implemented for the sale of road allowances, and further that an application fee be implemented for the sale of flooded land. At the January 19, 2011 Committee of the Whole meeting, Committee requested that the rates for the sale of Road Allowances be reviewed and brought back to Committee for consideration of increases. Following the January 19, 2011 Committee of the Whole meeting, staff completed a review of the Shore Road Allowance / Road Allowance and License Agreement rates and application fees charged by area municipalities. Staff also applied the consumer price index (CPI) from the last time rates and fees were increased in this regard. Attached for your review are the following three charts; - ORA/OSRA/Flooded Land Comparison Chart (This chart provides a comparison of application fees and rate of road allowances with seven other municipalities.) Report from the Clerk Re: Road Closing and License Agreement Fees. Page 72 of 107

73 Page 2 Report Re: Road Closing and License Agreement Fees - License Agreement Comparison Chart (This chart provides a comparison of application fees and agreement fees with seven other municipalities.) - Shore Road Allowance/Road Allowance/License Agreement Fees (This chart provides the road closing and license agreement application fees and rates including the addition of CPI to reflect proposed fees and rates as highlighted in yellow.) With regard to the sale of road allowances, including flooded lands, we are recommending that a minimum sale price be implemented at $ This would be applied when the calculation for the sale of the road allowance is below this amount. We are also recommending that the Sale of Flooded Land policy be amended to include and application form and an application fee of $ This policy was new in September It was developed to accommodate the sale of crown lakebed under two storey boathouses by the Ministry of Natural Resources. At the time, an application form and fee was not included in the policy, however, after processing several applications since that time, we have determined that a fee should be charged to cover administration costs. If the above recommended fees are approved, the following Township Policies will require amendment accordingly. - Policy C-LS-07 - License Agreement - Policy C-LS-08 Sale of Original Shore Road Allowances and Original Road Allowances - Policy C-LS-09 Sale of Flooded Land Pursuant to the Municipal Act, 2011, as amended, notice of increasing these fees is not required. If approved, the fees will come into effect upon ratification by Council on May 16, 2011 for any new applications. FINANCIAL: Increases in non-tax revenues will be achieved through the recommended increases as noted above. Report from the Clerk Re: Road Closing and License Agreement Fees. Page 73 of 107

74 Report from the Clerk Re: Road Closing and License Agreement Fees. Application Fees Shore Road Flooded Shore Road ORA/OSRA/FLOODED COMPARISON CHART Gravenhurst Bracebridge Huntsville Georgian Bay Seguin Severn Lake of Bays Muskoka Lakes $ non-refundable $46.20 per running foot N/A $675 % refundable Class 1 $0.75 Class 2 $0.55 Class 3 $0.44 per sq. ft $0.10 per sq. ft. $550 % refundable $9.75 sq. mtr (Minimum $200 for area purchased) $400 plus $100/add. property (max 5) % refundable $600 plus $100/add. property (max 4) $4.00 sq. mtr Large Lakes $90/m Small Lakes $60/m Land Value Costs determined as to distance along the chord N/A N/A Large Lakes $90/m Small Lakes $60/m Land Value Costs determined as to distance along the chord $250 (included in the required deposit of $2,500) Opinion of Value from Realater ($2,500 deposit including $250 admin fee nonrefundable) Council Determines $400 % refundable Large Lakes $0.90 Medium Lakes $0.60 Small Lakes $0.30 per sq. ft $500 % refundable (Purchase of flooded lands included) Class 1 $0.90 Class 2 $0.60 Class 3 $0.30 per sq. ft N/A N/A Class 1 $0.90 Class 2 $0.60 Class 3 $0.30 per sq. ft Page 74 of 107 Original Road $7.40 per square metre Market Value based on appraisal 1 acre = sq.foot 1 sq. metre = sq. foot 1 metre = feet 1 running foot = 1 linear foot = 1 foot $5.50 sq. mtr (Minimum $200 for area purchased) $4.00 sq. mtr Based on appraisal Opinion of Value from Realater ($2,500 deposit including $250 admin fee nonrefundable) Council Determines $0.40 sq. ft $5000 per acre 1 running metre = 1 linear metre = 1 metre

75 Report from the Clerk Re: Road Closing and License Agreement Fees. Application Fees Renewal Fees LICENSE AGREEMENT / LICENSE OF OCCUPATION Gravenhurst Bracebridge Huntsville Georgian Bay Seguin Severn Lake of Bays Muskoka Lakes $ N/A (Prefer to Sell Land) $ (if no changes) Yearly Fees $ per 10 years Legal and Survey Insurance N/A $ N/A $ $ Initial fee + $ at time of signing of By-law $ N/A N/A $50.00 N/A N/A TBD $ N/A N/A $ $500 (until the removal of the encroachment) N/A $ $ Applicant Pays N/A N/A Applicant Pays Applicant Pays Applicant Pays Applicant Pays Applicant Pays Provide public liability insurance N/A N/A N/A Provide public liability insurance of $2,000,000 in Twp. name Provide public liability insurance of $2,000,000 in Twp. name N/A Provide public liability insurance of $2,000,000 in Twp. name Page 75 of 107

76 SHORE ROAD ALLOWANCE / ROAD ALLOWANCE AND LICENSE AGREEMENT FEES 2001 Rates CPI 2001 CPI Rate 2011 Rounded Incr Shore Road Allowance Class 1 from $0.60 to $ Class 2 from $0.40 to $ Class 3 from $0.20 to $ Rates CPI 1995 CPI Rate 2011 Rounded Incr Road Allowance 5, , , , Application Fees 2002 Rates CPI 2002 CPI Rate 2011 Rounded Incr OSRA/ORA Application fees OSRA/ORA Refund if denied Licence Agreement: Per initial application Licence Agreement: Per application to renew an existing agreement Report from the Clerk Re: Road Closing and License Agreement Fees. Page 76 of 107

77 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: April 27, 2011 SUBJECT: Declaration of Surplus Lands JENNINGS ( ), BALL ( ) and TROMPOUKIS ( ). RECOMMENDATION: That the Township of Muskoka Lakes declares the following Township owned lands to be surplus: A portion of Original Shore Road Allowance lying in front of Lot 27, Concession 5 (Watt) Lake Rosseau designated as Part 2 on Reference Plan 35R-23401, JENNINGS, A portion of Original Shore Road Allowance lying in front of Lot 14, Concession 7 (Watt) Three Mile Lake designated as Parts 3 & 4 on Reference Plan 35R-23436, BALL, A portion of Original Shore Road Allowance lying in front of Lot 21, Concession 6 (Monck) Lake Muskoka designated as Part 2 on Reference Plan 35R-23416, TROMPOUKIS, And further that the Clerk is hereby instructed to dispose of the said properties pursuant to Section 8, 9 and 11 of the Municipal Act, APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 15/04/11 Original Signed by R. Jeffries Approved By: Cheryl Mortimer, Clerk 15/04/11 Original Signed by C. Mortimer Acknowledged: W. Schmid, CAO 15/04/11 Original Signed by W. Schmid EXECUTIVE SUMMARY: ORIGIN: Based on Standard 1. of Township Policy C-LS-01 (Sale and Other Disposition of Land) and the Standards of Township Policy C-LS-08 (Sale of Original Shore Road Allowances) it is recommended that the Township declare the above referenced lands to be surplus. Copies of the relevant maps are attached for your information. Prior to passing Original Shore Road Closing By-laws (Jennings), (Ball), and (Trompoukis) scheduled for Council on May 16, 2011, the Township must declare the lands to be Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 77 of 107

78 surplus pursuant to Township Policy C-LS-01. BACKGROUND: The Jennings application to purchase the Original Shore Road Allowance was approved at the August 25, 2010 Committee of the Whole meeting. The Ball application to purchase the Original Shore Road Allowance was approved at the August 25, 2010 Committee of the Whole meeting. The Trompoukis application to purchase the Original Shore Road Allowance was approved at the September 15, 2010 Committee of the Whole meeting. FINANCIAL: Consideration for the Jennings Original Shore Road Allowance will be $9, ($0.90 x 10,656 sq. ft.). Consideration for the Ball Original Shore Road Allowance will be $4, ($0.60 x 6,670 sq. ft.) for Part 3 and $4, ($0.60 x 6,770 sq. ft.) for Part 4. Consideration for the Trompoukis Original Shore Road Allowance will be $10, ($0.90 x 11,193 sq. ft.). Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 78 of 107

79 Bay I. (R11) ESLEY I. (R11) East Portage Bay LAKE ROSSEAU FLORENCE I. (R12) JENNINGS PROPERTY LOT 27 BRACKENRIG ROAD LOT 26 LOT 25 LOT 28 MONTGOMERY ROAD JOSEPHINE I. (R13) S SOUCI I. ) JACKSON I. Long Bay CONCESSION 5 CONCESSION 4 ) LAKE ROSSEAU JENNINGS PROPERTY OSRA Requested for purchase by JENNINGS LOT 28 LOT 27 BRACKENRIG ROAD CONCESSION 5 Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 79 of 107

80 Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 80 of 107

81 Hammel Bay NORTH SHORE ROAD INVERNESS ROAD CUTLER ROAD HUMMINGBIRD LANE CONCESSION 7 SANDWOOD ROAD BALL PROPERTY LOT 16 LOT 15 OSRA Requested for purchase by BALL ELLA I. (TM2) Three Mile Lake HUMMINGBIRD LANE CONCESSION 7 SANDWOOD ROAD BALL PROPERTY LOT 15 LOT 16 OSRA Requested for purchase by BALL THREE MILE LAKE Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 81 of 107

82 Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 82 of 107

83 MR 118 W LAKE ROAD 2 'E' I. (L6) LEONARD LAKE ROAD 1 ZISKA RO CO I. (M78) IRHOLM I. (M79) M77) THE BROTHERS (M80) CONCESSION 7 CONCESSION 6 Lot 21 Lot 20 MUSKOKA RD 118 KERRIE GLEN ROAD ON I. (M82) Lake Muskoka OSRA Requested for purchase by TROMPOUKIS TROMPOUKIS PROPERTY PINE I. (M81) S I. (M83) Lake Muskoka Lot 21 Lot 20 CONCESSION 6 OSRA Requested for purchase by TROMPOUKIS TROMPOUKIS PROPERTY LAKE MUSKOKA Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 83 of 107

84 Report from the Clerk Re: Declaration of Surplus Lands, Jennings ( ), Ball ( ) and Trompoukis (9-4- Page 84 of 107

85 COMMITTEE OF THE WHOLE AGENDA REPORT TO: Mayor Murphy and Members of the Committee of the Whole MEETING DATE: April 27, 2011 SUBJECT: Declaration of Surplus Land Donaldson ( ). RECOMMENDATION: That the Township of Muskoka Lakes declares the following Township owned land to be surplus: A portion of flooded Original Shore Road Allowance lying in front of Lot 28, Concession 5 (Watt) Lake Rosseau designated as Part 2 on Reference Plan 35R-22809, DONALDSON, And further that the Clerk is hereby instructed to dispose of the said property pursuant to Section 8, 9 and 11 of the Municipal Act, APPROVALS: Date Signature Submitted By: Rochelle Jeffries, Clerk s Assistant 15/04/11 Original Signed By R. Jeffries Approved By: Cheryl Mortimer, Clerk 15/04/11 Original Signed By C. Mortimer Acknowledged: W. Schmid, CAO 15/04/11 Original Signed By W. Schmid EXECUTIVE SUMMARY: ORIGIN: Based on Standard 1. of Township Policy C-LS-01 (Sale and Other Disposition of Land) and the Standards of Township Policy C-LS-09 (Sale of Flooded Land) it is recommended that the Township declare the above referenced flooded land to be surplus. Copies of the relevant maps are attached for your information. Prior to passing Shore Road Closing By-law (Donaldson) scheduled for Council on May 16, 2011, the Township must declare the land to be surplus pursuant to Township Policy C-LS-01. BACKGROUND: DONALDSON ROLL # LAKE MUSKOKA Shore Road Closing By-law was passed on June 24, 1985 to stop up, close and convey the Original Shore Road Allowance (Unflooded portions). The current property owner, Nenone Barbara Donaldson, is purchasing the Crown Report from the Clerk Re: Declaration of surplus lands, Donaldson ( ). Page 85 of 107