AGENDA - COUNCIL MEETING Friday, July 12, 2013

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1 AGENDA - COUNCIL MEETING Friday, July 12, 2013 Page A Regular Meeting of Council will be held on Friday, July 12, 2013 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. Receipt / Adoption of Minutes a. Consideration of a resolution to adopt the Council Meeting minutes held on June 14, b. Consideration of a resolution to receive the draft Planning Committee of the Whole Meeting minutes held on June 17, c. Consideration of a resolution to receive the draft Committee of the Whole Meeting minutes held on June 18, Delegations and Petitions 6. Business Arising from the Minutes a. Report from the Clerk Re: Action Items from Committee of the Whole Meetings. 7. Public Meetings a. Other Public Meetings b. Zoning Amendment Applications (in conjunction with Previously Heard Consent Application) Page 1 of 87

2 Page c. Zoning Amendment Applications By-law , ZBA-11/13, Weatherill, Part of Lot 22, Concession 1, Part 1 on Plan 35R-8253, (Medora), Roll # By-laws a. By-law , Weatherill, Part of Lot 22, Concession 1, Part 1 on Plan 35R-8253, (Medora), Roll # b. By-law , being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, to implement Official Plan Policies Re: Rooming Houses. (Refer to item 10.a., Report.) c. By-law being a by-law to stop up, close and convey a portion of Original Shore Road Allowance lying in front of Concession 1, Lots 33, Lake Rosseau (Cardwell) designated as Parts 1, 3, 4, 5 and 10 on Registered Plan 35R-24103, WESSENGER/WESSENGER, /05 By-law being a by-law to stop up, close and convey a portion of Original Shore Road Allowance lying in front of Concession 20, Lot 12, Severn River (Wood) designated as Part 1 on Registered Plan 35R O HANDLEY, These items were recommended at the June 18, 2013 Committee of the Whole meeting. d. By-law , being a by-law to appoint a Deputy Clerk for the Township of Muskoka Lakes. e. By-law , being a by-law to authorize the civil marriage solemnization service in the Township of Muskoka Lakes. 9. Senior Management Team Reports and Tenders a. Senior Management Team Reports Report from the CAO Re: Fogler Rubinoff Services Direction. 2. Report from the Clerk Re: Civil Marriage Ceremonies. b. Tenders Report from the Development Services Coordinator Re: Tender results for the Ullswater Community Centre renovations, Port Carling Memorial Community Centre siding replacement and renovations to the Township Offices. Page 2 of 87

3 Page 10. New and Unfinished Business a. Report from the Director of Planning, Re: By-law , Rooming Houses b. District Municipality of Muskoka Update. c. Discussion Re: Town Hall Meeting. 11. Future Meeting Schedule a. Planning Committee of the Whole - A meeting will be held on Monday, July 15, 2013 at 9:00 a.m. b. Committee of the Whole - A meeting will be held on Tuesday, July 16, 2013 at 9:00 a.m. c. Committee of Adjustment - A meeting will be held on Thursday, August 15, 2013 at 9:00 a.m. d. Planning Committee of the Whole - A meeting will be held on Thursday, August 15, 2013 at 1:00 p.m. e. Council - A meeting will be held on Friday, August 16 at 9:00 a.m. f. Committee of the Whole - A meeting will be held on Friday, August 16, 2013 at 1:00 p.m. 12. Council in Closed Session a. Council in Closed Session will be held for a proposed or pending acquisition or disposition of land by the municipality or local board, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, advice that is subject to solicitor-client priviledge, including communications necessary for that purpose and personal matters about an identifiable individual, including municipal or local board employees, pursuant to Section 239(2) of the Municipal Act, Confirming By-law a. Consideration of a by-law to confirm the proceedings of Council. 14. Adjournment a. Consideration of a resolution to adjourn. Page 3 of 87

4 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COUNCIL MEETING Friday, June 14, 2013 A Regular Meeting of Council was held on Friday, June 14, 2013, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy C. Mortimer - Clerk D. Pink - Director of Planning COUNCILLORS: T. Guthrie - Clerk s Assistant M. Ellis - Planner Ruth-Ellen Nishikawa L. Forbes - Planning Assistant Brad Burgess J. Krynicki - Director of Public Work Gault McTaggart L. McMurray - Community Economic Development Officer Phil Harding R. Hayes - Fire Chief Don Furniss C. Hollows - Clerk Receptionist Allen Edwards Jean-Ann Baranik Ron Brent REGRETS: Donelda Kruckel 1. Call to Order a. Mayor Murphy called the meeting to order at 9:03 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Draft Council Minutes Resolution Number C-1-14/06/13 Councillor Baranik Councillor McTaggart: Be it resolved that the Council Meeting agenda dated June 14, 2013 be adopted as amended to remove proposed or pending acquisition or disposition of land from item 12.a. Council in Closed Session. Carried. COUNCIL MINUTES June 14, 2013 PAGE # 1 Consideration of a resolution to adopt the Council Meeting Page 4 of 87

5 3. Disclosure of Interest a. Councillor Nishikawa disclosed a pecuniary interest in Items 5.a. and 10.a., Proposed Rogers Cell Towers, as she is employed by Rogers Communications for site maintenance. 4. Receipt / Adoption of Minutes a. Consideration of a resolution to adopt the Council Meeting minutes held on May 17, Resolution Number C-2-14/06/13 Councillor Furniss Councillor Harding: Be it resolved that the Council Meeting minutes dated May 17, 2013 be adopted. Carried. b. Consideration of a resolution to receive the draft Planning Committee of the Whole Meeting minutes held on May 21, Resolution Number C-3-14/06/13 Councillor Harding Councillor Burgess: Be it resolved that the draft Planning Committee of the Whole Meeting minutes held on May 21, 2013 be received. Carried. c. Consideration of a resolution to receive the draft Committee of the Whole Meeting minutes held on May 21, Resolution Number C-4-14/06/13 Councillor McTaggart Councillor Harding: Be it resolved that the draft Committee of the Whole Meeting minutes held on May 21, 2013 be received. Draft Council Minutes Carried. 5. Delegations and Petitions a. Michelle Vivar, Rogers Communications Inc., attended at 9:27 a.m., Re: Item 10.a., Proposed Rogers Cell Towers. Refer to Item 10.a., Report. COUNCIL MINUTES June 14, 2013 PAGE # 2 Consideration of a resolution to adopt the Council Meeting Page 5 of 87

6 6. Business Arising from the Minutes a. Report from the Clerk Re: Action Items from Committee of the Whole meetings. A copy of the report is attached. Resolution Number C-5-14/06/13 Councillor Brent Councillor Harding: Be it resolved that the following recommendations be enacted for action: 7. Public Meetings - May 21, 2013 Planning Committee of the Whole meeting recommendations 2, 4 and 5. - May 21, 2013 Committee of the Whole meeting recommendations 2 to 12 and 14 to 16. Carried. Mayor Murphy left the Council Chambers at 9:07 a.m. and Deputy Mayor Edwards took the Chair. a. Other Public Meetings 1. None b. Zoning Amendment Applications (in conjunction with Previously Heard Consent Applications) 1. By-law , ZBA-13/13, Robertson, Part of Faireyland Island, Parts 3 and 4 on Plan 35R-11890, Parts 1 to 3 on Plan 35R-23346, (Medora), Roll # A copy of the report is attached. Concurrent with Consent Application B/27/13ML Draft Council Minutes Mr. Ellis explained the history, nature, and location of the application/property. Mr. Ellis noted the Consent Application had been adjourned at the June 13, 2013 Committee of Adjustment, therefore recommended deferral of By-law at this time. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. ii) Report from Building Inspector, Sandy Bos. Mr. Ellis reviewed the report, a copy of which is attached. COUNCIL MINUTES June 14, 2013 PAGE # 3 Consideration of a resolution to adopt the Council Meeting Page 6 of 87

7 No one attended in support of or in opposition to the application. In response to Council s questions, Mr. Pink reviewed the proposed property sizes and frontages of the subject lands. c. Zoning Amendment Applications 8. By-laws 1. None a. By-law , Robertson, Part of Faireyland Island, Parts 3 and 4 on Plan 35R-11890, Parts 1 to 3 on Plan 35R-23346, (Medora), Roll # Refer to item 7.b.1. Report. It was the consensus of Council to defer By-law at this time. b. By-law , being a by-law to deem Blocks B, C, E, H, & J on Plan M-121 (Medora) not to be lots on a plan of subdivision. (Mills, Roll # ) Redevelopment of Lot. Refer to item 9.a.1. Report. Resolution Number C-6-14/06/13 Councillor Baranik Councillor Furniss: Be it resolved that By-law , being a by-law to deem Blocks B, C, E, H & J, not to be lots on a plan of subdivision, (Mills, Roll # ) be read a first, second and third time and finally passed. Carried. c. By-law , being a by-law to deem lots 83, 84, 85, and 86 on Plan 28, (Medora) not to be lots on a plan of subdivision. (Gedge/Dosen, Roll # ). Condition of Consent B/14/13/ML. Refer to item 9.a.2., Report. Draft Council Minutes Resolution Number C-7-14/06/13 Councillor Harding Councillor Brent: Be it resolved that By-law , being a by-law to deem lots 83,84,85 and 86 on Plan 28, (Medora) not to be lots on a plan of subdivision (Gedge/Dosen, Roll # ), be read a first, second and third time and finally passed. Carried. COUNCIL MINUTES June 14, 2013 PAGE # 4 Consideration of a resolution to adopt the Council Meeting Page 7 of 87

8 d. By-law , being a by-law to amend By-law , to designate lands described as Part of Lot 7, Concession A, Lots 83, 84, 85 and 86 on Plan 28 (Medora) as being subject to site plan control (Gedge/Dosen, Roll # ). Condition of Consent B/14/13/ML. Resolution Number C-8-14/06/13 Councillor Brent Councillor Harding: Be it resolved that By-law , being a by-law to amend By-law to designate lands as being subject to site plan control, (Gedge/Dosen, Roll # ), be read a first, second and third time and finally passed. Carried. e. By-law , Original Shore Road Allowance, STONOS, /021 / By-law , Original Shore Road Allowance, NOLEVSKI, / By-law , Original Shore Road Allowance, KESHEN, These items were recommended at the May 21, 2013 Committee of the Whole meeting. Resolution Number C-9-14/06/13 Councillor McTaggart Councillor Harding: Be it resolved that the following bylaws be read a first, second and third time and finally passed. By-law , a by-law to stop up, close and convey portions of Original Shore Road Allowance lying in front of Lot 6, Concession 7, Three Mile Lake (Watt) designated as Parts 1 and 2 on Registered Plan 35R-24069, STONOS, /021. By-law , a by-law to stop up, close and convey a portion of Original Shore Road Allowance lying in front of Lot 21, Concession 8, Three Mile Lake (Watt) designated as Part 1 on Registered Plan 35R-24068, NOLEVSKI, Draft Council Minutes By-law , a by-law to stop up, close and convey a portion of Original Shore Road Allowance lying in front of Concession 8, Lot 26, Lake Muskoka (Monck) designated as Part 3 on Registered Plan 35R KESHEN, Carried. f. By-law , a by-law to exempt Bala Craft and Gift Fair and Bala Antique and Nostalgia Show and Sale from By-law 91-67, being a by-law to regulate and control parking in the Corporation of the Township of Muskoka Lakes. Refer to item 9.a.4., Report. COUNCIL MINUTES June 14, 2013 PAGE # 5 Consideration of a resolution to adopt the Council Meeting Page 8 of 87

9 Resolution Number C-10-14/06/13 Councillor Burgess Councillor Baranik: Be it resolved that By-law , a by-law to exempt Bala Craft and Gift Fair and Bala Antique and Nostalgia Show and Sale from By-law 91-67, being a by-law to regulate and control parking in the Corporation of the Township of Muskoka Lakes be read a first, second and third time and finally passed. Carried. 9. Senior Management Team Reports and Tenders a. Senior Management Team Reports 1. Report from the Director of Planning Re: Deeming By-law , (Mills, Roll # ). A copy of the report is attached. Mr. Pink reviewed his report for Council and answered questions regarding the survey of the lands that was circulated. 2. Report from the Director of Planning Re: Deeming By-law , (Gedge/Dosen, Roll # ). A copy of the report is attached. Mr. Pink reviewed his report for Council. 3. Joint Report from the Director of Public Works and the Fire Chief Re: Request to the District of Muskoka for safety improvements on Muskoka Road 118 and Muskoka Road 169. A copy of the report is attached. This item was referred from the May 21, 2013 Committee of the Whole meeting. Mayor Murphy returned to the Council Chambers at 9:57 a.m. and resumed the Chair. The Director of Public Works outlined the report recommendations for safety improvements at three locations in Port Carling and Bala. Draft Council Minutes Resolution Number C-12-14/06/13 Councillor Harding Councillor Brent: Be it resolved that the Council of the Township of Muskoka Lakes, request that the District of Muskoka accommodate two (2) Small Car Parking Only stalls fronting 109 Maple Street in Port Carling; AND THAT staff are hereby directed to install a seat rock immediately west of the entrance of 115 Medora Street in Port Carling; COUNCIL MINUTES June 14, 2013 PAGE # 6 Consideration of a resolution to adopt the Council Meeting Page 9 of 87

10 AND FURTHER THAT staff are hereby directed to install 8 flower barrels and one bicycle rack in front of 3119 M.R. #169 in Bala in consultation with the building owners, and consider and install a further planter or rock in and around 109 Maple Street as determined to be appropriate. Carried. In response to Council, the Director of Public Works was requested to review the parking signage at the Precambrian Shield Parking Lot in Bala with respect to overnight parking. The Director of Public Works was also requested to correspondence with the business located at 109 Maple Street with respect to parking issues at this location. 4. Report from the Community Economic Development Officer Re: Request for exemption to Parking By-law. A copy of the report is attached. Refer to item 8.f., By-law b. Tenders 1. None 10. New and Unfinished Business The Community Economic Development Officer reviewed the request for Council. a. Report from the Director of Planning, Re: Proposed Rogers Cell Towers. A copy of the report is attached. Refer to Item 5.a., Delegations and Petitions. Councillor Nishikawa left the Council table at 9:30 a.m. She had disclosed a pecuniary interest in items 5.a. and 10.a., Proposed Rogers Cell Towers, as she is employed by Rogers Communications for site maintenance. She did not participate in this matter. Draft Council Minutes Mr. Pink reviewed his report for Council. Ms. Michelle Vivar, Municipal Relations, Rogers Communications, 8200 Dixie Road, Brampton, ON, L6T 0C1, attended the meeting. Ms. Vivar submitted and reviewed a concept drawing for the proposed Port Sandfield communication tower which provided two screening options for Council s consideration. In response to Council s questions, Mr. Pink reviewed the length and orientation of the driveway to the proposed Port Sandfield tower. COUNCIL MINUTES June 14, 2013 PAGE # 7 Consideration of a resolution to adopt the Council Meeting Page 10 of 87

11 Council held a brief discussion and requested trees be planted around the base of the proposed Port Sandfield tower to provide a buffer from the travelled road. Resolution Number C-11-14/06/13 Councillor Baranik Councillor Burgess: Be it resolved that Council has no objection to the erection of disguised Monopine (Pine-Tree style) cell towers less than 100 feet in height by Rogers Communications Inc. in the following locations: 1. Part of Lot 19, Concession 7 (Medora), Roll # , (Port Sandfield) 2. Part of Lot 29, Concession 4, (Watt), Roll # , (Brackenrig) 3. Lot 17, Concession 2, (Wood), Roll # , (Breezy Point) Subject to improved screening from Hemlock Point Road for the base of the tower at the Port Sandfield location. Carried. Councillor Nishikawa returned to the Council table at 9:40 a.m. b. District Municipality of Muskoka Update. The following District updates were provided: - Councillor Edwards Muskoka Airport Advisory Committee. Councillor Edwards advised that the Muskoka Airport Advisory Committee will be examining the consultant s report regarding the Airport Business and Master Plan at the June 17, 2013, 1:30 p.m., Muskoka Airport Advisory Committee Meeting. - Councillor Harding - District Engineering and Public Works Committee. Councillor Harding advised of the potential for paved shoulders and on the Active Transportation (AT) Strategy with respect to the development of an AT route around Muskoka. He also reported on the amendments to the capital budget resulting from flood related damages. Draft Council Minutes The Director of Public Works was requested to provide a presentation on the District s Active Transportation Strategy at a future Committee of the Whole meeting. - Councillor Nishikawa - District Community Services Committee and Muskoka Watershed Council. Councillor Nishikawa updated Council regarding health care, housing and social assistance with respect to Community Services. She also advised of the forthcoming report resulting from the recent flood event and the upcoming Muskoka Watershed Council meeting to be held on June 21, 2013 at 1:00 p.m. at the Torrance Community Centre. COUNCIL MINUTES June 14, 2013 PAGE # 8 Consideration of a resolution to adopt the Council Meeting Page 11 of 87

12 - Mayor Murphy - District Corporate and Emergency Services Mayor Murphy provided an update regarding the Solid Waste Financial Review Committee and the Special Task Group to review Affordable Housing options. Council discussed waste disposal and recycling options. c. Consideration of a resolution in support of the Seguin Township request Re: Billboards. This item was referred from the May 21, 2013 Committee of the Whole meeting. Resolution Number C-13-14/06/13 Councillor Edwards Councillor Furniss: Be it resolved that the Council of the Township of Muskoka Lakes support Resolution # passed by the Council of the Township of Seguin on April 15, 2013 regarding Billboard Signage. And further that Highway 141 be included in this support. Carried. 11. Future Meeting Schedule a. Planning Committee of the Whole - A meeting will be held on Monday, June 17, 2013 at 9:00 a.m. b. Committee of the Whole A meeting will be held on Tuesday, June 18, 2013 at 9:00 a.m. c. Committee of Adjustment - A meeting will be held on Thursday, July 11, 2013 at 9:00 a.m. d. Council - A meeting will be held on Friday, July 12, 2013 at 9:00 a.m. e. Planning Committee of the Whole A meeting will be held on Monday, July 15, 2013 at 9:00 a.m. Draft Council Minutes f. Committee of the Whole - A meeting will be held on Tuesday, July 16, 2013 at 9:00 a.m. 12. Council in Closed Session a. Council in Closed Session was held for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and proposed or pending acquisition or disposition of land by the municipality pursuant to Section 239(2) of the Municipal Act, The proposed or pending acquisition or disposition of land matter was removed from the agenda during item 2.a., Adoption of Agenda. COUNCIL MINUTES June 14, 2013 PAGE # 9 Consideration of a resolution to adopt the Council Meeting Page 12 of 87

13 Resolution Number C-14-14/06/13 Councillor Baranik Councillor Furniss: Be it resolved that Closed Session convene at 10:47 a.m. for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality pursuant to section 239(2) of the Municipal Act, Carried. Resolution Number C-15-14/06/13 Councillor Furniss Councillor McTaggart: Be it resolved that Council reconvene at 10:59 a.m. to report on matters arising from Closed Session. Carried. 13. Confirming By-law There was no report to Council arising from Council in Closed Session. a. Consideration of a by-law to confirm the proceedings of Council. 14. Adjournment Resolution Number C-16-14/06/13 Councillor Furniss Councillor McTaggart: Be it resolved that By-law to confirm the proceedings of Council be read a first, second and third time and finally passed. Carried. a. Consideration of a resolution to adjourn. Draft Council Minutes Resolution Number C-17-14/06/13 Councillor Baranik Councillor Furniss: Be it resolved that Council adjourn at 11:00 a.m. and the next regular meeting of Council will be held on Friday, July 12, 2013 at 9:00 a.m. in the Council Chambers, Municipal Offices in Port Carling, Ontario. Carried. Mayor Alice Murphy Cheryl Mortimer - Clerk COUNCIL MINUTES June 14, 2013 PAGE # 10 Consideration of a resolution to adopt the Council Meeting Page 13 of 87

14 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES PLANNING COMMITTEE OF THE WHOLE MEETING MONDAY, JUNE 17 TH, 2013 A Regular Meeting of the Planning Committee of the Whole was held on Monday, June 17 th, 2013 at 9:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Councillor Brad Burgess Chair C. Mortimer - Clerk Mayor Alice Murphy Vice Chair C. Wray - CAO Councillor Ruth Nishikawa D. Pink - Director of Planning Councillor Don Furniss A. Lusty - Planning Consultant Councillor Jean-Ann Baranik L. Forbes - Planning Assistant Councillor Phil Harding M. Ellis - Planner Councillor Ron Brent C. Hollows - Clerk Receptionist Councillor McTaggart Councillor Edwards REGRETS; Councillor Kruckel 1. Call to Order a. Mayor Murphy called the meeting to order at 9:02 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: PCOW-1-17/06/13 Councillor Baranik Councillor Harding: Be it resolved that the Planning Committee of the Whole Meeting agenda dated June 17, 2013, be adopted. Carried. 3. Disclosures of Interest a. Councillor Nishikawa disclosed a pecuniary interest with items 5.a.1. and 5.b.1., ZBA-12/13, Estate of Lawrence, for employment reasons. 4. Adoption of Minutes Draft Planning Committee of the Whole Minutes a. Consideration of a resolution to adopt the Planning Committee of the Whole Meeting minutes held May 21, Resolution Number PCOW-2-17/06/13 Councillor Brent Councillor Nishikawa: Be it resolved that the Planning Committee of the Whole meeting minutes held on May 21, 2013 be adopted. Carried. Consideration of a resolution Page 14 of 87 Planning Committee of the Whole Minutes June 17, 2013 Page #1 to receive the draft Planning

15 Planning Committee of the Whole Minutes June 17, 2013 Page #2 5. Planning Chair Burgess and Vice Chair Murphy a. Delegations and Petitions 1. Angela Ghikadis, agent, Planscape attended at 9:05 a.m., Re: item 5.b.1., ZBA-12/13, Estate of Lawrence. Refer to item 5.b.1., Report. 2. Simon Hirsh, applicant, attended at 9:15 a.m., Re: item 5.b.2., ZBA-14/13, Hirsh Resort Developments. Refer to item 5.b.2., Report. 3. Rick Hunter, agent, Planscape, attended at 10:36 a.m., Re: item 6.a., OPA-47 and ZBA- 36/12, Hayes. Refer to item 6.a., Report. b. Zoning By-law / Official Plan Amendments Councillor Nishikawa left the Council Table at 9:04 a.m. as she had disclosed a pecuniary interest with this item for employment reasons. She did not participate in the matter. 1. ZBA-12/13, Estate of Lawrence, Part of Lot 26, Concession 5, (Wood), Roll # A copy of the report is attached. Mr. Ellis explained the history, nature, and location of the application/property. Ms. Angela Ghikadis, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis explained she represented prospective purchasers of the property, the O Malley s. Ms. Ghikadis reviewed the purpose of the application and indicated she was available to answer questions. In response to Committee s questions, Ms. Ghikadis reviewed the outstanding conditions of consent application B/07/13/ML. Mr. Pink indicated that if Committee agreed to circulate, staff would recommend to Council at the Public Meeting, that third reading of the by-law be withheld until the severance is complete. Resolution Number: PCOW-3-17/06/13 Councillor McTaggart Councillor Brent: Be it resolved that Zoning By-law Amendment Application ZBA-12/13, Estate of Lawrence, Roll # , be approved for circulation. Carried. Draft Planning Committee of the Whole Minutes It was the consensus of Committee that site plan control be imposed on the subject property. Councillor Nishikawa returned to the Council Table at 9:10 a.m. Consideration of Planning a resolution Committee of the Whole Minutes June 17, 2013 #2 Page 15 of 87 to receive the draft Planning

16 Planning Committee of the Whole Minutes June 17, 2013 Page #3 2. ZBA-14/13, Hirsh Resort Developments, Lots 39 & 40, Part of Lots 41 & 114 on Plan 1, (Port Carling), Parts 2,3 & Part of Part 1 on Plan 35R-8570, Part 2 on Plan 35R-8941, Part 1 on Plan 35R-15179, Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Simon Hirsh, agent, 8 Glen Abbey Lane, Rosseau, ON, P0C 1H0, attended the meeting. Mr. Hirsh reviewed the differences between the present application and what the current approvals permitted. Mr. Hirsh indicated he had been unaware the approved site plan had an expiration date and requested an extension of the site plan. Staff and the applicant answered questions for Committee regarding the number of units proposed, required and proposed number of parking spaces, public space, green space and number of boathouses. In response to Committee s question, Mr. Pink confirmed that the zoning by-law does not permit a mobile unit on the lands until such time as a Building Permit is issued. Mr. Pink explained the current process and the request by the applicant to extend the previous site plan approval. If the previously approved site plan is extended and securities are received, a Building Permit would be available based on previous approvals. Committee held a lengthy discussion regarding the zoning by-law amendment and the potential to extend the previously approved site plan. Committee requested consideration be given to extending the existing site plan approval. Mayor Murphy requested that this item be considered separately from the zoning by-law amendment application. Resolution Number: PCOW-4-17/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Zoning By-law Amendment Application ZBA-14/13, Hirsh Resort Developments, Roll # , be approved for circulation, subject to the receipt of concept drawings in compliance with the site plan, dated June 6, Carried. As consideration of the site plan was not included as an agenda item, the following motion to suspend the rules of Procedure was passed. Resolution Number: PCOW-5-17/06/13 Councillor McTaggart Councillor Furniss: Be it resolved that pursuant to Section 2(c) of the Township s Procedural By-law , the Rules of Procedure are suspended. Carried. Draft Planning Committee of the Whole Minutes Resolution Number: PCOW-6-17/06/13 Councillor Furniss Councillor Baranik: Be it resolved that the previous approval for Site Plan Application SPA-40/12 be extended until the date of July 31, 2013, subject to all previously required conditions. Carried. Consideration of Planning a resolution Committee of the Whole Minutes June 17, 2013 #3 Page 16 of 87 to receive the draft Planning

17 Planning Committee of the Whole Minutes June 17, 2013 Page #4 Resolution Number: PCOW-7-17/06/13 Councillor Baranik Councillor Harding: Be it resolved that the Rules of Procedure are hereby no longer suspended. Carried. c. Site Plans / Plans of Subdivision and Condominium 1. None. d. Long Range Planning / Special Projects e. Heritage 1. Report from the Director of Planning, Re: Dark Sky Lighting. A copy of the report is attached. Mr. Pink reviewed his report for Committee. Committee held a brief discussion and requested that the CAO and the Director of Public Works work together with the Chairs and Vice Chairs of Public Works and Administration, with the goal of drafting a dark sky lighting by-law and policy, including an educational component, for Council s consideration. 2. Report from the Director of Planning, Re: Rooming Houses. A copy of the report is attached. Mr. Pink reviewed his report for Committee. Committee held a lengthy discussion and requested staff to bring forward a zoning by-law amendment regarding Rooming Houses as per draft By-law for Council s consideration at the July Council meeting, as two Public Meetings have been held. They also requested that upon approval, the Rooming House steering committee meet to begin drafting a Rooming House Licensing by-law pursuant to the Municipal Act. 3. Report from the Director of Planning, Re: Comprehensive Zoning By-law Review Issues Report. A copy of the report is attached. Mr. Pink reviewed his report and answered questions for Committee. 1. Heritage Committee Minutes - May 8, 2013 and June 5, Copies of the minutes are attached. Draft Planning Committee of the Whole Minutes In response to Committee s questions, Mr. Pink indicated the Request for Proposal to undertake a Heritage District study in Bala would be overseen by the Heritage Committee. Mr. Pink explained he had corresponded with Canadian Pacific Railway regarding the Cenotaph s location on their lands. He indicated they would consider declaring those lands surplus, but it would take some time to complete the process. Consideration of Planning a resolution Committee of the Whole Minutes June 17, 2013 #4 Page 17 of 87 to receive the draft Planning

18 Planning Committee of the Whole Minutes June 17, 2013 Page #5 f. Other Business 1. Report from the Director of Planning, Re: Proposed Official Plan Amendment to the Muskoka Official Plan (Condominiums in Urban Areas). A copy of the report is attached. Mr. Pink reviewed his report for Committee. Resolution Number: PCOW-9-17/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Planning Committee of the Whole recommend to Council that the comments within the staff report dated June 17, 2013 be forwarded to the District Municipality of Muskoka regarding proposed Official Plan Amendment 36 to the Muskoka Official Plan (Condominiums in Urban Areas). Carried. 6. New and Unfinished Business a. OPA-47, ZBA-36/12, Hayes, Part of Lots 16, 17 & 18, Concession 1, (Wood), Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Rick Hunter, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Hunter reviewed the purpose of the applications and the process for Committee. He explained he had met with staff to craft the wording for the Official Plan Amendment. Mr. Hunter felt the approval of these applications would not set a precedent. In response to Committee s question, Mr. Hunter indicated they could use the distance from the seasonal road to the dwelling to further define the amendment. Committee held a brief discussion and agreed to include that the distance of the seasonal roadway from the residential use/building be a maximum of 200 metres. Resolution Number: PCOW-8-17/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Official Plan Amendment application, OPA-47 and Zoning By-law Amendment application ZBA-36/12, Hayes, Roll # be approved for circulation, subject to an additional policy requiring a maximum distance of 200 m for the residential use from the seasonally maintained road. Carried. Draft Planning Committee of the Whole Minutes b. Verbal Report from the Director of Planning, Re: Bear Cave Stone Ltd. Mr. Pink reviewed the attached documents received from the Ministry of Natural Resources for Committee with respect to the aggregate permit issued pursuant to the Aggregate Resources Act. Consideration of Planning a resolution Committee of the Whole Minutes June 17, 2013 #5 Page 18 of 87 to receive the draft Planning

19 Planning Committee of the Whole Minutes June 17, 2013 Page #6 c. Verbal Report from the Director of Planning, Re: Zoning By-law Review, Open House Mr. Pink reported to Committee on the two Open Houses held on Friday, June 14, 2013, from 6:30 p.m. to 8:30 p.m., and Saturday, June 15, 2013, from 10 a.m. until noon. The Issues Report prepared by Jones Consulting was broken down and presented on boards for the public to view. A brief presentation was given on Saturday. Mr. Pink indicated comment sheets were provided at the Open House. The sheet would be made available on the Township website to provide an opportunity for additional comments. 7. Committee in Closed Session a. Committee in Closed Session was not held. 8. Adjournment a. Consideration of a resolution to adjourn. Resolution Number: PCOW-10-17/06/13 Councillor Furniss Councillor Edwards: Be it resolved that this meeting adjourn at 12:18 p.m., and the next regular meeting of the Planning Committee of the Whole will be held on July 15, 2013 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling, Ontario. Carried. Brad Burgess, Chair Cheryl Mortimer, Clerk Draft Planning Committee of the Whole Minutes Consideration of Planning a resolution Committee of the Whole Minutes June 17, 2013 #6 Page 19 of 87 to receive the draft Planning

20 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING Tuesday, June 18, 2013 A Regular Meeting of the Committee of the Whole was held on Tuesday, June 18, 2013, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling Ontario. PRESENT: OFFICIALS PRESENT: Mayor Murphy, Chair C. Wray - CAO C. Mortimer - Clerk COUNCILLORS: T. Guthrie - Clerk s Assistant S. Walker - Corporate Assistant Ruth Nishikawa R. Hayes - Fire Chief Brad Burgess S. Rettie - Treasurer Gault McTaggart J. Krynicki - Director of Public Works Jean-Ann Baranik C. Hollows - Clerk Receptionist Allen Edwards Phil Harding Don Furniss left at 2:31 p.m. Ron Brent left at 2:04 p.m. REGRETS: Donelda Kruckel 1. Call to Order a. Mayor 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-1-18/06/13 Councillor Edwards Councillor Furniss: Be it resolved that the Committee of the Whole agenda dated June 18, 2013 be adopted as amended to add advice that is subject to solicitor - client privilege to item 10.a. Committee of the Whole in Closed Session and item 9.a. Discussion Re: Temporary Tent issue. Carried 3. Disclosure of Interest DRAFT COMMITTEE OF THE WHOLE MINUTES a. Councillor Brent disclosed that he may have a pecuniary interest in item 10.a. Committee of the Whole in Closed Session. COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 1 Consideration of a resolution to receive the draft Page 20 of 87

21 4. Adoption of Minutes a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 21, Public Works Resolution Number COW-2-18/06/13 Councillor Edwards Councillor Furniss: Be it resolved that the Committee of the Whole Meeting minutes held on May 21, 2013 be adopted. Carried a. Delegations and Petitions Chair Brent 1. Delegations to be received at 9:00 a.m. Re: Clear Lake Road Allowance Boat Ramp, as follows: 1. Charlie Wilkins made a presentation in regard to the Clerk Lake Wilderness Reserve along the north side of Clear Lake, of which he is a trustee. This reserve borders the Original Road Allowance where the potential public boat launch could be developed. He expressed concern regarding the proposed ramp and asked that Committee consider the conservation made on the lands in the area. 2. Mike Silver advised that he has offered his property to develop a boat launch to be used by the Clear Lake Community. He indicated that this property is well suited for a boat launch, and he wanted Committee to be aware of this private option. 3. Paul Trayes indicated that a long term solution to this issue is required. He felt that a public boat launch at the Original Road Allowance site would have little impact on the lake as it would replace the current location. 4. Steve Ramsay, Clear Lake Ramp Association reviewed the history of this issue and indicated that the Clear Lake Ramp Association is asking the Township for assistance to find a solution. DRAFT COMMITTEE OF THE WHOLE MINUTES 5. Brian Ternoway, Vice President, Clear Lake Property Owners Association, provided a PowerPoint presentation regarding the Association. He indicated that the Association has been actively seeking a solution to the boat launch COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 2 Consideration of a resolution to receive the draft Page 21 of 87

22 issue. He advised that the Association supports a controlled in in the spring and out in the fall approach for the ramp. 6. John Thomas indicated he was delegating on behalf of his family as well as the Monkman family who also own property on the lake. Mr. Thomas advised that they are supportive of a public boat launch on Clear Lake as a long term solution. 7. Greg Knight was unable to attend the meeting. John Thomas read his submission for Committee seeking a sustainable solution to the current issue. 8. Dennis Cartwright suggested that the Township consider creating a public boat launch for Clear Lake and options for payment of developing the launch. 9. Michael McLennan was in support of Mike Silver s offer for a boat launch to be situated on his property rather than a public boat launch on the lake. He expressed concerns with increased road traffic and environmental issues which could arise with a public boat launch. Refer to item 5.b.1., Report b. Road and Infrastructure Chair Brent and Vice Chair Nishikawa 1. Report from the Director of Public Works Re: Clear Lake Public Boat Launch (Proposed). A copy of the report is attached. The Director of Public Works highlighted the report and answered questions for Committee in regard to developing a public boat launch on Clear Lake. He reviewed options available to the Township and residents including costs, environmental assessment requirements, private options and legislative requirements. It was the consensus of Committee to have staff bring forward a further report examining the options, costs associated with the options, cost sharing avenues for such a project and legal compliance. As well, the Director of Public Works was requested to conduct a site inspection of Mr. Silver s property to assess its potential for a launch site on Clear Lake. Resolution Number COW-3-18/06/13 DRAFT COMMITTEE OF THE WHOLE MINUTES Councillor McTaggart Councillor Harding: Be it resolved that the Committee of the Whole recommend to Township Council to receive the COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 3 Consideration of a resolution to receive the draft Page 22 of 87

23 6. Corporate Services report dated June 18, 2013 regarding a proposed public boat launch on Clear Lake for information purposes. And that staff explore further the use of the public right-of-way and this analysis should include further costing and cost sharing alternatives, and the extent of public works, limited access, legal compliance. Carried 2. Report from the Chief Administrative Officer Re: Port Carling Wall Repair. A copy of the report is attached. A copy of the report is attached. The CAO highlighted his report for Committee and recommended that Toronto Digital Imaging be retained for the required repairs to the Wall. He answered questions in regard to project timeline and costing, life span of the new material and circulated a sample wall panel for Committee s review. Committee suggested the potential for retaining the existing panels of the Wall for possible fundraising initiatives. Resolution Number COW-4-18/06/13 Councillor McTaggart Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that relief of Policy C-CAO-13, Procurement be approved and that Toronto Digital Imaging be retained to repair the Port Carling Wall at an amount that is not to exceed that which was set aside in the 2013 Capital Budget as approved by Mayor and Council. Carried a. Delegations and Petitions Vice Chair McTaggart 1. Brett McRoberts and Brian McRae, Ontario Federation of Anglers & Hunters, to attend at 11:00 a.m. Re: Sunday Hunting. DRAFT COMMITTEE OF THE WHOLE MINUTES Brett McRoberts requested that the Township of Muskoka Lakes consider passing a resolution to support gun hunting on Sundays during existing hunting seasons. He submitted a list of points and a petition in support of the request. COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 4 Consideration of a resolution to receive the draft Page 23 of 87

24 Brian McRae addressed Committee seeking support of Sunday gun hunting in the Township of Muskoka Lakes. Mr. McRae outlined the benefits including wildlife management, crop and livestock predation, public safety and economics. Staff was directed to investigate and bring forward a report in this regard including information on areas that require signage notifying the public of no hunting areas. b. Finance Chair Furniss and Vice Chair Burgess 1. Report from the Treasurer Re: Nursing Station Reserve. A copy of the report is attached. The Treasurer highlighted the report and answered questions for Committee. Staff was directed to bring forward a report on the structure/governance model and a budget framework for the project, including the $5, allocation. Resolution Number COW-10-18/06/13 Councillor Baranik Councillor McTaggart: Be it resolved that the Committee of the Whole recommend to Township Council: 1) That a reserve fund be established for the Brock & Willa Wellness Centre and; 2) That the Port Carling Nursing Station Committee and the Brock & Willa Wellness Centre Committee be provided access to the respective reserve funds for their projects with a Township allocation of $5, to support initial cost of fund raising activities, specific to the Nursing Station, including the Township s one-third contribution towards fund raising activities for the Brock & Willa Wellness Centre; subject to the Township of Muskoka Lakes Procurement Policy C- CAO-13. Carried Committee approved the Township distributing an upcoming press release on behalf of the Port Carling Nursing Station and the Brock and Willa Wellness Centre. DRAFT COMMITTEE OF THE WHOLE MINUTES COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 5 Consideration of a resolution to receive the draft Page 24 of 87

25 c. Administration Chair Kruckel and Vice Chair McTaggart 1. Report from the Clerk Re: Original Shore Allowance Road Closing Application lying in front of Concession 3, Lot 8, (Watt) Camel Lake, EVANS, A copy of the report is attached. The Clerk reviewed the application for Committee. Resolution Number COW-5-18/06/13 Councillor Baranik Councillor Edwards: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Gordon and Laureen Evans ( ) lying in front of Concession 3, Lot 8 (Watt) Camel Lake pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances. Carried 2. Report from the Clerk Re: Original Shore Road Allowance Closing Application lying in front of Concession 2, Lot 35 (Watt) Lake Rosseau, HORROCKS, A copy of the report is attached. The Clerk highlighted the report for Committee. Resolution Number COW-6-18/06/13 Councillor Furniss Councillor Edwards: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Jennifer Elizabeth Horrocks ( ) lying in front of Concession 2, Lot 35 (Watt) Lake Rosseau pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances. Carried DRAFT COMMITTEE OF THE WHOLE MINUTES COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 6 Consideration of a resolution to receive the draft Page 25 of 87

26 7. Community 3. Report from the Clerk Re: Declaration of Surplus Lands on Lake Rosseau (Wessenger /05) and the Severn River (O'Handley ). A copy of the report is attached. The Clerk reviewed the declaration of surplus lands and noted that the By-laws for the subject properties will be considered at the July 12, 2013 Council meeting. Resolution Number COW-7-18/06/13 Councillor Furniss Councillor Edwards: Be it resolved that the Committee of the Whole recommend to Township Council to declare the following lands surplus: Portions of Original Shore Road Allowance lying in front of Concession 1, Lot 33, Lake Rosseau (Cardwell) designated as Parts 1, 3, 4, 5 and 10 on Registered Plan 35R-24103, WESSENGER/WESSENGER, /05; and A portion of Original Shore Road Allowance lying in front of Concession 20, Lot 12, Severn River (Wood) designated as Part 1 on Registered Plan 35R O HANDLEY, ; and And further that the Clerk is hereby instructed to dispose of the said properties pursuant to Sections 8, 9 and 11 of the Municipal Act, Carried 4. Report from the CAO Re: Monthly Activity Report. A copy of the report is attached. The CAO reviewed the monthly activity report and answered questions for Committee. a. Delegations and Petitions Chair Baranik DRAFT COMMITTEE OF THE WHOLE MINUTES 1. Gord Haugh, Board Chair, Community Living South Muskoka to attend at 11:30 a.m. Re: Community Living South Muskoka update. COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 7 Consideration of a resolution to receive the draft Page 26 of 87

27 Gord Haugh attended the meeting along with Amanda Brown and Laura Wilson to highlight the initiatives of Community Living South Muskoka. He invited Committee members to visit their offices in Bracebridge when they are in the area. Chair Nishikawa 2. Adele Fairfield and Pat Young, Walker s Point Volunteer Community Library, to attend at 12:00 p.m. Re: Walker s Point Volunteer Community Library update. Adele Fairfield and Pat Young provided Committee with an update of the Walker s Point Volunteer Community Library s programs, activities and statistics. They requested that the Township continue to match fundraising contributions. Committee supported the continuation of matching fundraising contributions. Ms. Fairfield answered questions for Committee and expressed appreciation for the Township s support. The Library will hold an Open House on Saturday July 27, b. Community and Volunteerism Chair Baranik and Vice Chair Kruckel 1. Community Events Update Committee members reported on recently attended and upcoming community events held in the Township of Muskoka Lakes. 2. Minutes from the Hekkla Community Centre Hall Board dated March 26, A copy of the minutes is attached for information purposes. 3. Minutes from the Bala Community Centre Hall Board dated May 21, A copy of the minutes is attached for information purposes. c. Emergency Management Chair McTaggart and Vice Chair Edwards 1. Report from the Fire Chief Re: Emergency Services Monthly Activity Report. A copy of the report is attached. The Fire Chief reviewed the monthly activity report and answered Committee s questions. DRAFT COMMITTEE OF THE WHOLE MINUTES COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 8 Consideration of a resolution to receive the draft Page 27 of 87

28 Resolution Number COW-11-18/06/13 Councillor Burgess Councillor Edwards: Be it resolved that Committee of the Whole recommend to Township Council that the Township By-law Officers also be named as District By-law Officers for the By-laws such as, Signage, Parking, Garbage and others that may prove to be mutually beneficial. Carried d. Parks, Trails and Libraries Chair Nishikawa and Vice Chair Brent 1. Minutes of the Muskoka Lakes Public Library Board meetings held on April 11, A copy of the minutes is attached for information purposes. Councillor Furniss left the Council Chambers at 12:20 p.m. 8. Visioning and Economic Development a. Delegations and Petitions 1. None b. Visioning Chair Murphy and Vice Chair Harding 1. None c. Economic Development and Communications Chair Harding and Vice Chair Baranik 1. None 9. New and Unfinished Business a. Discussion Re: Temporary Tent Issue DRAFT COMMITTEE OF THE WHOLE MINUTES Committee held a brief discussion regarding rules and regulations with respect to temporary event tents in the Township. COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 9 Consideration of a resolution to receive the draft Page 28 of 87

29 10. Committee in Closed Session a. Committee of the Whole in Closed Session was held for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, proposed or pending acquisition or disposition of land by the municipality and advice that is subject to solicitor-client privilege, pursuant to Section 239(2) of the Municipal Act, Resolution Number COW-8-18/06/13 Councillor McTaggart Councillor Brent: Be it resolved that Committee of the Whole convene in Closed Session at 12:35 p.m. for litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, proposed or pending acquisition or disposition of land by the municipality and advice that is subject to solicitor-client privilege, pursuant to Section 239(2) of the Municipal Act, Carried Councillor Furniss returned to the Council Chambers at 1:10 p.m. Councillor Baranik left the Council Chambers at 1:45 p.m. and returned at 1:50 p.m. Councillor Baranik left the Council Chambers at 2:01 p.m. and returned at 2:04 p.m. Councillor Brent left the meeting at 2:04 p.m. Resolution Number COW-9-18/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Committee of the Whole reconvene at 2:30 p.m. to report on matters arising from Closed Session. Carried There was no report to Committee arising from Closed Session. Councillor Furniss left the meeting at 2:31 p.m. DRAFT COMMITTEE OF THE WHOLE MINUTES 11. Adjournment a. Consideration of a resolution to adjourn. COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 10 Consideration of a resolution to receive the draft Page 29 of 87

30 Resolution Number COW-12-18/06/13 Councillor Edwards Councillor Nishikawa: Be it resolved that this meeting adjourn at 3:35 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday, July 16, 2013 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling. Carried Mayor Alice Murphy, Chair Cheryl Mortimer, Clerk DRAFT COMMITTEE OF THE WHOLE MINUTES COMMITTEE OF THE WHOLE MINUTES June 18, 2013 PAGE # 11 Consideration of a resolution to receive the draft Page 30 of 87

31 COUNCIL AGENDA REPORT TO: Mayor Murphy and Members of Council MEETING DATE: July 12, 2013 SUBJECT: ACTION ITEMS FROM COMMITTEE OF THE WHOLE RECOMMENDATION: That the following recommendations be enacted for action: - June 17, 2013 Planning Committee of the Whole meeting recommendations 2, 6, 8 and 9. - June 18, 2013 Committee of the Whole meeting recommendations 2 to 7, 10 and 11. APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk 27/06/13 Original signed by C. Mortimer Acknowledged: Chris Wray, CAO 27/06/13 Original signed by C. Wray SUMMARY: Based on the requirement of 8.e) of Township Procedural By-law , as amended, it is recommended items 2, 6, 8 and 9 from the June 17, 2013 Planning Committee of the Whole and items 2 to 7, 10 and 11 from the June 18, 2013 Committee of the Whole meeting be enacted for action. ORIGIN: The Planning Committee of the Whole passed the following action resolutions on June 17, 2013 and they are recommended for approval by Council: PCOW-2-17/06/13 Approval of the May 21, 2013 Planning Committee of the Whole meeting minutes PCOW-6-17/06/13 Extension of the Site Plan Application 40/12 until July 31, 2013 subject to all previously required conditions PCOW-8-17/06/13 Approval for circulation of Official Plan Amendment Application (OPA 47) and ZBA-36/12 for Hayes, subject to an additional policy requiring a maximum distance of 200m for the residential use from the seasonally maintained road PCOW-9-17/06/13 Report from the Clerk Re: Action Items from Direction to forward the comments within the Staff report dated June 17, 2013 to the District Municipality of Muskoka regarding proposed Official Plan Amendment 36 (Condominiums in Urban Areas) Page 31 of 87

32 Action Items Report July 12, 2013 The Committee of the Whole passed the following action resolutions on June 18, 2013 and they are recommended for approval by Council: COW-2-18/06/13 COW-3-18/06/13 Adoption of the May 21, 2013 Committee of the Whole meeting minutes Receipt of a report regarding a proposed public boat launch on Clear Lake and direction to examine further use of the public right of way including development costs, cost sharing options, extent of public works, limited access and legal compliance COW-4-18/06/13 Approval for relief of Township Policy C-CAO-13 (Procurement) and that Toronto Digital Imaging be retained to repair the Port Carling Wall COW-5-18/06/13 COW-6-18/06/13 COW-7-18/06/13 COW-10-18/06/13 COW-11-18/06/13 Approval for the Original Shore Road Allowance application lying in front of Concession 3, Lot 8, Watt, Camel Lake, Evans ( ) Approval for the Original Shore Road Allowance application lying in front of Concession 2, Lot 35, Watt, Lake Rosseau, Horrocks ( ) Declaration of surplus lands for Original Shore Road Allowances on Lake Rosseau Wessenger/Wessenger ( /05) and on the Severn River O Handley ( ) Establishment of a reserve fund for the Brock & Willa Wellness Centre; allowance of the Port Carling Nursing Station Committee and the Brock & Willa Wellness Centre Committee to access respective reserve funds for their projects with a Township allocation of $5, to support initial cost of fundraising activities specific to the Nursing Station Direction for the Township By-law Officers to also be named as District By-law Officers for by-laws such as signage, parking, garbage and others that may prove to be mutually beneficial BACKGROUND: We are recommending that the above referenced resolutions be enacted for action. This process is required under the Township s Procedural By-law. At the beginning of each term of Township Council, a resolution is passed to authorize the circulation of zoning by-law amendments, including concurrent consent applications, prior to Council s approval, therefore, they do not require action. FINANCIAL: NA Report from the Clerk Re: Action Items from Page 32 of 87

33 BY-LAW WEATHERILL By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 33 of 87

34 EXPLANATION OF THE PURPOSE AND EFFECT OF ZONING BY-LAW AMENDMENT ZBA-11/13, BY-LAW , WEATHERILL, ROLL # The lands affected are described as Part of Lot 22, Concession 1, (in the former Township of Medora), now in the Township of Muskoka Lakes, being Part 1, Plan 35R8253. The lands are presently in the ownership of Ernest Weatherill and Pearl Preiss. The purpose of this by-law is to rezone the subject lands from Waterfront Residential Backlot (WR2) to Waterfront Residential (WR1). There is no change in permitted uses. Please note that all future development must comply with Zoning By-law and site specific Zoning Bylaw in all regards. Please note that there are two lots which are deemed to be one residential lot in accordance with site specific Zoning By-law This by-law will have the effect of rezoning the property from Waterfront Residential Backlot (WR2) to Waterfront Residential (WR1). KEY PLAN By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 34 of 87

35 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 35 of 87

36 COUNCIL AGENDA REPORT TO: Mayor Murphy and Members of Council MEETING DATE: July 12 th 2013 SUBJECT: By-law , ZBA-11/13 (Weatherill), Part of Lot 22, Concession 1, (Medora), Part 1, Plan 35R8253, Roll# RECOMMENDATION: That By-law (Weatherill) be given three readings. APPROVALS: Date Signature Submitted By: A. Lusty, Planning Consultant 04/07/13 Original signed by A. Lusty Approved By: D. Pink, Director of Planning 04/07/13 Original signed by D. Pink Acknowledged: C. Wray, CAO 05/07/13 Original signed by C. Wray ORIGIN BACKGROUND Particulars of Property: Lot Frontage 62 feet (deemed compliance per BL ) Lot Area 1.18 acres Proposed Rezoning: Existing Zoning Proposed Zoning Permitted Uses in Proposed Zone Waterfront Backlot Waterfront Residential, Home Residential (WR2) Residential (WR1) Occupation, Accessory Zone Zone Uses. Proposal Rezone to allow a lot coverage of 10% compared to the currently permitted 5%. By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 1 of 7 Page 36 of 87

37 BACKGROUND PLANNING DATA Official Plan Designation: By-law Zoning: Waterfront Waterfront Residential (WR2) Schedule No.: 35 Access: Neighbouring Uses: Original Shore Road Allowance: Fisheries Resource: Civic Address: Mortimer s Point Road Waterfront Residential Not Applicable Type II General 1239 Mortimer s Point Road PLANNING CONSIDERATIONS 1. Background The lot is bisected by Mortimer s Point Road. It appears that during the review of zone mapping for By-law the lot was zoned Waterfront Residential Backlot (WR2), most likely as it was bisected. The WR2 zoning applies to parts of the lot on each side of the roadway. The lot was previously subject to a site specific Zoning By-law Amendment, By-law , which: 1) Deemed the two parts of the lot to be one residential lot; 2) Deemed the lot frontage (62 feet) to comply with the requirements of the Zoning Bylaw; and, 3) Restricted the structures on the portion closest to the high water mark to a dock only. The lot is currently developed with a dock and an existing 480 square foot ground floor area (840 square feet gross floor area) dwelling unit. Three accessory structures are also present on the property. During the site visit, the three accessory structures were measured, and are described as: Structure Ground Floor Area Tent-Like Structure 240 square feet Outhouse 16 square feet Shed square feet Total Accessory Total All square feet square feet By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 2 of 7 Page 37 of 87

38 The current lot coverage is 1.5%. Planning Staff have confirmed that all of the existing accessory structures will be removed except for the outhouse during the development of the property. The proposal is to add several structures to those already on the property. The proposed structures are all located on the portion of the lot behind the roadway and can be summarized as follows: Structure Proposed Dwelling Proposed Breezeway Proposed Garage Future Storage Building Proposed Ground Floor Area Total Ground Floor Area (Including Cabin) Ground Floor Area 1,792 square feet 120 square feet 784 square feet 1,536 square feet 4,232 square feet 4,712 square feet The proposed development would result in a lot coverage of 9.17% over the entire lot and 9.10% over the area of the lot within 200 feet of the high water mark. The current permitted lot coverage within the Waterfront Residential (WR2) Zone is 5%. An application has been made to rezone the subject property to the Waterfront Residential (WR1) Zone, where the maximum lot coverage for the whole lot and within 200 feet of the high water mark is 10%. 2. Provincial Policy Statement The Provincial Policy Statement, 2005 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. This application has been reviewed against the PPS, and is consistent with it. 3. District of Muskoka Official Plan The subject site is designated Waterfront in the District Official Plan. Generally within the Waterfront Area recreation and the protection and enhancement of the environment are important policy issues. Lake Muskoka is identified as a lake with moderate sensitivity to phosphorous in Schedule F of the District Official Plan. What follows are some policy excerpts from the District Official Plan that relate to the application. D.20 The maintenance of the shoreline of lakes and rivers is key to preserving the quality of the natural and cultural heritage of Muskoka within the Waterfront designation. Tree cover, vegetation and other natural features are encouraged to be retained to uphold the visual and environmental integrity of the Waterfront. Where development is proposed, a natural, substantially undisturbed buffer is recommended at the water s edge to generally meet a target of 8 metres (26 feet) in width for three-quarters of the water frontage. D.24 Shoreline development consists of single unit dwellings and accessory buildings and structures located on individual lots which are situated in a linear fashion along the shoreline. D.25 Back lot development consists of single unit dwellings on individual lots which are physically separated from the shoreline by a legally conveyable parcel of patent land which has development potential. Back lots are usually located in a linear fashion along a road which generally runs parallel to the shoreline, but back lots may also be located on a road which runs perpendicular to the shore. By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 3 of 7 Page 38 of 87

39 D.28 New residential back lots will have substantially increased lot sizes with respect to frontage and area on a publicly open and maintained road. F.25 In order to ensure no negative impact on recreational water quality, all substantial development on a lot within the waterfront designation (including backlots), and on shoreline lots in the urban centre and community designations, of moderate and high sensitivity and Over Threshold waterbodies will be subject to site plan control or development permitting. 4. Township of Muskoka Lakes Official Plan The subject site is designated Waterfront in the Official Plan. Generally the policies of this Section encourage the protection of waterfront character, and the environment. One of the main objectives of the Waterfront designation is to ensure built form does not dominate the natural shoreline. Section B.2.4 of the Official Plan states that: Limiting density of buildings and structures in the Waterfront area is important in protecting the character of the Waterfront area. Many factors affect Waterfront character such as number of structures, setbacks, shoreline vegetative buffers, height, built size, built form, shoreline structures and the historical lake development. Strict adherence to policies limiting density related to these factors is paramount. Section B.4.4 of the Official Plan states that it is an objective of the Waterfront policies: To recognize and protect the character of waterbodies within a single tier of development around the shoreline with limited, low density backlot development where access permits. Section B.5.2 of the Official Plan states that: Natural form should dominate the character of the Waterfront. Natural shorelines may visually screen development viewed from the water and buffer uses. Shorelines shall be encouraged to be maintained in a predominantly natural state with tree cover and ground vegetation retained as development occurs. Section B.5.18 of the Official Plan states: Redevelopment of existing properties shall be encouraged to follow current development standards, as closely as possible, to be compatible with and consistent with sound planning principles including environmental considerations. In addition, encouragement shall be given to restoring and preserving natural shorelines. Section B.10.1 of the Official Plan 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 vegetative cover, height, shoreline structures, and historical lake development. Sections B.10.5 to B of the Official Plan all address residential development in the Waterfront Area and read as follows: 10.5 In recognition of the built character of a waterbody, the density of development on lots shall be limited based on a lot frontage and lot area criteria, as detailed in an implementing comprehensive zoning by-law More specifically, the density shall be controlled by limiting lot coverage to a maximum percentage of that portion of the lot area within 60 metres (200 feet) of the normal water s edge The maximum gross floor area of a dwelling shall be 696 square metres (7500 square feet). By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 4 of 7 Page 39 of 87

40 10.8 The maximum permitted development on the lakes depends on the category of lake and must comply with Sections B.9.2 to B The policies and implementing zoning by-law provisions regarding density shall be strictly adhered to in accordance with Section F.1.6 of the Official Plan Residential development shall generally take one of two forms: a) linear development, consisting of individual dwellings situated along the shoreline which constitutes traditional development form; and, b) backlot development, consisting of individual dwellings within the Waterfront designation, separated from a waterbody by a legally separate developable piece of patented land. Sections B to B of the Official Plan contain policy applicable to backlots, and read as follows, Where a public road passes through the Waterfront designation approximately parallel to a shoreline, not more than a single-tier of building lots may be permitted between the shoreline and such road. Similarly, not more than a single-tier of building lots shall be permitted beyond such road Where a public road passes through the Rural designation just outside the Waterfront designation and runs approximately parallel to the shoreline, no more than a single tier of lots may be permitted between the shoreline and the road Access to a waterbody by means of a right-of-way shall not be permitted for backlot development. However, easements may be considered for the purpose of private water supply Backlot development shall meet the following minimum lot requirements: a) a lot area of 2 hectares (5 acres); and, b) frontage on a year-round maintained public road of 200 metres (660 feet). Section F of the Official Plan states: Due to carefully planned origins of certain provisions of the zoning by-law, exemptions may not be granted for lot coverage, oversized sleeping cabins, additions to second dwellings/sleeping cabins, front yard setback for non-complying structures, reduced side yard setbacks for two storey boathouses or sundecks on a boathouse, and shoreline structure widths. These origins must be considered in relation to any such application. 5. Zoning By-law An application has been made to rezone the subject property to the Waterfront Residential (WR1) Zone. The rezoning would accommodate a lot coverage of 9.17% over the entire lot and 9.10% over the area of the lot within 200 feet of the high water mark. The maximum permitted lot coverage for the whole lot and within 200 feet of the high water mark is 10% in the Waterfront Residential (WR1) Zone on a Category 1 Lake. By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 5 of 7 Page 40 of 87

41 6. Site Characteristics The site visit was conducted on May 7, The property is characterized as having a level lawn with a few trees dispersed through-out. Though a cedar hedge has recently been planted, the shoreline is poorly treed. During the site visit the three structures that are currently on the property, but not shown in the planning application were measured, and are described in the background section of this report. 7. Lot Size The minimum lot area requirement in the WR2 zone is 5 acres, which is consistent with Section B10.15 of the Official Plan which provides the same criterion. The minimum lot area requirement in the WR1 zone is 1 acre. The area of the subject lot is 1.18 acres, which is more consistent with the WR1 zone than the WR2 zone. The maximum lot coverage in the WR2 zone is 5%. The maximum lot coverage in the WR1 zone is 10%. The difference is partially a function of the relative sizes of the different lot sizes. The general intent of a smaller lot coverage on a larger lot is to avoid potential overdevelopment. 8. Single Tier of Development There is no development either existing or proposed on the area between the high water mark and the roadway. Development potential of the area between the high water mark and the roadway is severely restricted by By-law which states, in part, Despite the permitted uses of Section 8.1 of By-law 65-7, the lot shown cross hatched on Schedule I to By-law , being Part of Lot 22, Concession I, (Medora) now in the Township of Muskoka Lakes, shall permit a dock only. Section B10.10 of the Official Plan provides this test of a backlot consisting of individual dwellings within the Waterfront designation, separated from a waterbody by a legally separate developable piece of patented land. Though the main development is separated from a waterbody by what may be a legally separate piece of patented land, the potentially legally separate piece of patent land is not developable. The lot fails another similar test provided in Section D.25 of the District Official Plan. The lot therefore can be appropriately categorized as being a single tier of development. 9. Consistency With Current Development Standards Aside from the rezone request, there has been no other requested exemption from the Zoning By-law. The proposed development follows the current development standards consistent with Section B.5.18 of the Official Plan, albeit for a different lot area and coverage requirement. It should be noted that a building permit for the proposed dwelling could not be issued while the existing dwelling (840 gross floor area) remains at its current size. The existing dwelling will need to be altered such that it has a maximum floor area of 650 square feet to be considered a sleeping cabin, and therefore permitted in addition to a dwelling. The passage addressing this issue from the applicants Planning Justification Report has been extracted from page 14 for ease of reference. Due to the type of structure and the barn roof, reducing the outside dimensions is not easily accomplished. It is proposed that the interior be modified by removing the stairs and converting By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 6 of 7 Page 41 of 87

42 the upper floor to storage only. This storage area will only be accessed by way of an exterior door, which currently exists at the rear of the structure. The stove and heavy duty wiring will also be removed. Alternatively, the lower floor could be converted to a garage. The Zoning By-law definition of floor area does not include basements solely used for the purpose of storage. Converting the lower storey into storage and restricting access to the upper storey could bring the structure into compliance with the Zoning By-law. Converting only the upper floor to storage would not bring the structure into compliance. 10. Future Storage Building Size It is acknowledged that the ground floor area of 1,536 square feet for the future storage building rivals the size of the proposed dwelling which has a ground floor area of 1,792 square feet. Planning Staff have confirmed that the structure is intended to house personal items. Planning Staff also note that the future storage building is set well back from the roadway, behind the proposed dwelling. Accordingly from a visual perspective, the future storage building will be secondary to the more prominent proposed dwelling unit. 11. Zoning As noted in the planning justification report submitted in support of this application, there are other areas in the municipality where a road divides a waterfront property. The most common approach is a WR1 or WR5 zoning. The subject property does not exhibit natural constraints that would warrant a WR5 Zone. 12. Site Plan Control The development is not currently subject to site plan control. Based on the report submitted in support of the application a buffer of trees and various shrubs will be planted between the dwelling and the road (page 14). Council could implement Site Plan Control to ensure those plantings are completed, although Planning Committee of the Whole opted not to. By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 7 of 7 Page 42 of 87

43 DRAFT By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 43 of 87

44 DRAFT By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 44 of 87

45 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 45 of 87

46 WEATHERILL REZONING 1239 Mortimer s Point Rd. Township of Muskoka Lakes By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 46 of 87

47 REPORT TO: FROM: Township of Muskoka Lakes Stephen Fahner, Northern Vision Planning DATE: April 29, 2013 REFERENCE: Proposed Rezoning (Weatherill) Part Lot, Concession (in the former Township of Medora) 1239 Mortimer s Point Road, Roll# PROPOSAL Particulars of Property: Lot Frontage: Deemed to comply (Bylaw ) Lot Area: 1.18 ac. Nature of Application: Rezoning of subject lands from Waterfront Residential Backlot (WR2) to Waterfront Residential (WR1) PLANNING DATA Official Plan Designation: Existing Zoning: Access: Existing Use: Neighbouring Uses: Civic Address: Waterfront Waterfront Residential Backlot (WR2) Mortimer s Point Road Residential Residential, Open Space 1239 Mortimer s Point Road PLANNING CONSIDERATIONS 1. Provincial Policy Statement The Provincial Policy Statement was issued under the authority of Section 3 of the Planning Act R.S.O. 1990, c. P.13. Section 3 of the Planning Act permits the Minister to issue policy statements on matters relating to municipal planning that in the opinion of the Minister are of Provincial interest. Under Section 5 of the Act, a decision of a municipal Council shall be consistent with the policy statements issued under the Act. Page 1 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 47 of 87

48 The Provincial Policy Statement does not provide direct policies related to shoreline development in Cottage Country. Section 2.2.2, however, does state that development and site alteration shall be restricted in or near sensitive surface water features. Lake Muskoka is not a sensitive water feature in the context of the Provincial Policy Statement. It is important to note that under the Implementation section of the Provincial Policy Statement municipal Official Plans are cited as the most important vehicle for implementing the P.P.S. In a discussion with Provincial staff in the past, municipalities are permitted to tailor the policies to the municipality s situation. 2. District of Muskoka Official Plan Within the District of Muskoka, a two tier planning system exists wherein there is an upper tier Official Plan and a lower tier Official Plan. The upper tier Plan is a strategic plan for the overall development of the District as a whole. The lower tier Plan must conform to the upper tier Plan and provides greater policy detail applicable to that particular municipality. Generally speaking, the District Official Plan defines the Waterfront area as any area within 500 feet (150 m.) of a waterbody. The Waterfront designation is permitted to have residential development and limited commercial development. Retention of the natural shoreline and allowing development which is compatible to existing development are of utmost importance. The natural shoreline is to dominate the built form. Section D.24 states shoreline development consists of single unit dwellings and accessory building located on individual lots situated in a linear fashion along the shoreline. Backlot development consists of single unit dwellings on individual lots which are physically separated from the shoreline by legally conveyable land having development potential. They are generally located in a linear fashion along a road which generally runs parallel to the shoreline. 3. Township of Muskoka Lakes Official Plan The subject lands are located in the Waterfront designation. As noted in Section B 1.1: 1.1 The Waterfront designation shall generally be defined as those lands extending inland 150 metres (500 feet) from any standing waterbody greater than 8 hectares (20 acres) in area or the substantive rivers within the Township: Indian, Joseph, Moon, Musquash, and Severn. a) Lands which physically or functionally relate to the waterfront area, although extending beyond 150 metres (500 feet) from the waterbody, shall Page 2 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 48 of 87

49 be deemed to be within the Waterfront designation. b) Lands which do not physically or functionally relate to the waterfront area, although within 150 metres (500 feet) of the waterbody, shall be deemed not to be within the Waterfront designation. As noted in Section B 1.3 the precise limits of the Waterfront designation shall be defined in an implementing Comprehensive Zoning Bylaw. Very important to the development in the Waterfront designation is Section B 5.2: 5.2 Natural form should dominate the character of the Waterfront. Natural shorelines may visually screen development viewed from the water and buffer uses. Shorelines shall be encouraged to be maintained in a predominantly natural state with tree cover and ground vegetation retained as development occurs. On Waterfront lots, the density of development is a cornerstone of the policies in the Township of Muskoka Lakes. This is emphasized in the following policies: 10.5 In recognition of the built character of a waterbody, the density of development on lots shall be limited based on a lot frontage and lot area criteria, as detailed in an implementing comprehensive zoning by-law More specifically, the density shall be controlled by limiting lot coverage to a maximum percentage of that portion of the lot area within 60 metres (200 feet) of the normal water s edge The maximum gross floor area of a dwelling shall be 696 square metres (7500 square feet) The maximum permitted development on the lakes depends on the category of lake and must comply with Sections B.9.2 to B The policies and implementing zoning by-law provisions regarding density shall be strictly adhered to in accordance with Section F.1.6 of the Official Plan. In addition, under Lake Character (Section 9): 9.6 Coverage is a means by which density is controlled, therefore, strict compliance is required. However, no Official Plan Amendment is required for: a) variation not exceeding 1/10 of the permitted coverage; or, b) variation to recognize coverage of existing structures. Page 3 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 49 of 87

50 Development within the Township shall occur within a single tier of development surrounding a waterbody. This can either be in linear development or backlot development as noted in Section B10.10: Residential development shall generally take one of two forms: a) linear development, consisting of individual dwellings situated along the shoreline which constitutes traditional development form; and, b) backlot development, consisting of individual dwellings within the Waterfront designation, separated from a waterbody by a legally separate developable piece of patented land. Backlot development is permitted and is governed by the following policies: Where a public road passes through the Waterfront designation approximately parallel to a shoreline, not more than a single-tier of building lots may be permitted between the shoreline and such road. Similarly, not more than a single-tier of building lots shall be permitted beyond such road Where a public road passes through the Rural designation just outside the Waterfront designation and runs approximately parallel to the shoreline, no more than a single tier of lots may be permitted between the shoreline and the road Access to a waterbody by means of a right-of-way shall not be permitted for backlot development. However, easements may be considered for the purpose of private water supply. It should be noted, the Official Plan for the Township of Muskoka Lakes was recently updated. A decision of the Ontario Municipal Board was rendered in early The Official Plan is consistent with the Provincial Policy Statement and conforms to the District of Muskoka Official Plan. After reviewing the policy and the characteristics of the subject land, it is the author s opinion that the subject lands are not a backlot as defined in the Official Plan. There are no waterfront lots between this lot and the lake. As well the lot physically and functional relates directly to the waterfront. The proposed rezoning, therefore, conforms to the Township of Muskoka Lakes Official Plan. Page 4 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 50 of 87

51 4. Township of Muskoka Lakes Comprehensive Zoning Bylaw The subject lands are zoned Waterfront Residential Backlot (WR2). The permitted uses are as follows: residential, home occupation and accessory uses. This is the same as the other Waterfront Residential zones. The minimum front yard setback is 66 feet. A dwelling and sleeping cabin are permitted. The maximum permitted lot coverage is 5%. The subject lands are subject to a site specific zoning bylaw amendment in 1987 (Bylaw ). The site specific stipulations prevail over the standard provisions of the Comprehensive Zoning Bylaw by virtue of Section 7.33 and the assigned Exemption No. 87-ZZ. The provisions of this bylaw include: deeming the two parcels of land (one on each side of the road) to be one residential lot, that the minimum lot frontage is deemed to comply with the bylaw, and that a dock only is permitted on the waterfront parcel. Based on a lot coverage of 5%, a total of 2570 sq. ft. ground floor area can be built as of right. After reviewing the policy and the characteristics of the subject land, it is the author s opinion that the subject lands should not have been zoned Waterfront Residential (WR2). There are no waterfront lots between this lot and the lake, it physically and functional relates to the waterfront. The appropriate zoning should have been Waterfront residential (WR1). The site specific bylaw in 1987 had also rezoned the property Residential (R) which was the comparable zone in Restricted Area Bylaw 65-7 to Waterfront Residential (WR1). 5. Proposal Although the application is for a rezoning of the property which can be supported entirely on conformity to the Official Plan and how other similar areas have been zoned in the Township (discussed later in this report), it is felt that full disclosure of the proposal is beneficial to the Township when reviewing this proposal. It is the applicants intention to construct a 1792 sq. ft. (56 X 32 ft.) one and a half storey home on the property. This will be located approx. 160 feet from the high water mark. In addition, there will be a breezeway and attached garage (28 X 28 ft.). A future storage building is proposed at the rear of the lot approx. 275 feet from the high water mark. It is proposed to be 1536 sq. ft. in floor area. There is an existing dwelling which is to be converted to a sleeping cabin and storage (discussed later in the report). The building is 480 sq. ft. ground floor area. The proposal results in a lot coverage of 9.1% within 200 feet of the high water mark and 9.17% over the entire lot. As seen in the following photos of the property, the lot is open in front of the proposed dwelling. The applicants intend on planting trees to soften the visual impact from the road and enhance the property. Page 5 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 51 of 87

52 Page 6 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 52 of 87

53 6. Site Characteristics The subject lands were visited on April 2, The property on the opposite side of the District Road from Lake Muskoka is largely open for a distance of approximately 300 feet back from the lake. The edges of the property contain a wooded buffer along each lot line. This buffer is made up primarily of deciduous trees with a few coniferous trees (white pine). The waterfront parcel is open with a sitting area and a single finger dock. The property is level except a slope up along the easterly boundary and at the very rear of the property. There is a creek which runs down the westerly lot line. According to the applicants, this creek dries up most summers. Another small creek traverses the property approximately 250 feet from the lake. It flows from east to west and flows into the aforementioned creek. This small creek dries up every summer. A small dwelling (ground floor area of 480 sq. ft., gross floor area of 840 sq. ft.) exists along the easterly boundary just beyond 200 ft. from the high water mark. It complies with the minimum side yard setback of 15 feet and is nestled in amongst the trees at the location. It cannot be seen from the lake. A small existing storage building and an outhouse complete the existing buildings on the property. A temporary canopy type structure, used for storage, is located near the rear of the property. A number of personal items are stored outside. Subject Land Looking North Page 7 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 53 of 87

54 Westerly Lot Line Viewed From Road Easterly Lot Line Viewed From Road Page 8 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 54 of 87

55 Proposed Building Site Existing Dwelling Page 9 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 55 of 87

56 Personal Items For Storage Existing Shed and Outhouse Page 10 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 56 of 87

57 7. Other Development in the Area There are a number of other lots in the area which are similar in character (road splits property near shoreline). They contain dwellings (one per lot) at a variety of setbacks from the road. The proposed dwelling will have less of a visual impact on the road or the lake than other dwellings in the area as seen in the following photos Mortimer s Point Road Page 11 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 57 of 87

58 1233 Mortimer s Point Road 1241 Mortimer s Point Road Page 12 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 58 of 87

59 8. Appropriate Zoning of Subject Lands When first evaluating this proposal, there was more than one approach which could be taken with the zoning of the subject lands. These options were as follows: Apply for a minor variance for lot coverage: it was felt going to 9% may not be considered minor by the Committee of Adjustment. Keep the zoning intact (WR2) and obtain an exemption to lot coverage to permit 9% where a maximum 5% is permitted. Rezone the property to WR1 (which appropriately implements the Official Plan) wherein the proposal will fit within the lot coverage provisions of the zone. After viewing the site, and with the experience of the author, the property is more befitting of a Waterfront residential (WR1) zone. It has direct access to the lake in that there is no other lot between it and the water s edge. The lot is also level and does not have the development constraints of steep sloped or a narrow waterbody which would justify a Waterfront Residential Natural Constraints (WR5) zone. In addition, if one were to read the Official Plan policies (noted previously) related to backlots carefully, one would see that it is designed to apply to lots on the opposite side of the road from the lake where lots exist directly along the lake. Supplementary to this, an examination of how this matter is addressed through zoning was undertaken by the author. There were no other similar areas where a road divides property, the ownership is the same on both sides of the road but there is a single tier of development around the lake, and the assigned zoning was Waterfront Commercial Backlot (WR2). Similar areas where a road divides properties and there is a single tier of lots around the lake and the assigned zoning was Waterfront Residential (WR1 or WR5) include: a) Skeleton Lake Road 2 Skeleton Lake b) Roberts Bay Lake Joseph c) Skeleton Lake Road 3 Skeleton Lake d) Inverness Park Road Three Mile Lake e) Hall s Road Lake Rosseau f) Whiteside Road Lake Muskoka. In some cases both zones were used as in Wonder Beach Three Mile Lake, Bert Sims Road Three Mile Lake, Coates Road Three Mile Lake. In the case of Cowan Park Drive, a Waterfront Residential zone was used for the waterfront portions of the lots and a Rural (RU1) zone was used for the back parcels. Page 13 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 59 of 87

60 Although one can only surmise why the zoning was done the way it was in certain circumstances, the point to be made it that the zoning was not consistent in its application. The most common zoning used was either Waterfront Residential (WR1) or (WR5). 9. Conversion of the Existing Dwelling As noted above, an 840 sq. ft. dwelling currently exists on the property. The original building was constructed under Building Permit 80/168. As the zoning bylaw requires that the only two habitable buildings that can exist on the property are a dwelling and a sleeping cabin, the applicants will be converting the existing dwelling to a sleeping cabin. The maximum permitted floor area of a sleeping cabin is 650 sq. ft. Due to the type of structure and the barn roof, reducing the outside dimensions is not easily accomplished. It is proposed that the interior be modified by removing the stairs and converting the upper floor to storage only. This storage area will only be accessed by way of an exterior door, which currently exists at the rear of the structure. The stove and heavy duty wiring will also be removed. Alternatively, the lower floor could be converted to a garage. 10. Conclusions Based on the foregoing, the proposal represents good planning for the following reasons: a) The zoning will be consistent with other areas of the Township, b) The proposed dwelling will be located approx. 160 feet from the high water mark. All other development on the lot will be more than 200 feet back, c) Lot coverage of 10% of the lot area within 200 feet of the high water mark and of the entire lot will be adhered to. d) The dwelling will be a one and a half storey home structure maintaining a relatively low profile and modest footprint. e) A buffer of trees and various shrubs will be planted between the dwelling and the road. Page 14 of 15 By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 60 of 87

61 PANORAMIC OF REAR OF PROPERTY PANORAMIC OF MIDDLE OF PROPERTY PANORAMIC OF FRONT OF PROPERTY By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 61 of 87

62 CLOSE VIEW OF WATERFRONT SHOWING RECENT PLANTINGS FRONT VIEW OF EXISTING DWELLING TO BE CONVERTED By-law , ZBA-11/13, Weatherill, Part of Lot 22, Page 62 of 87

63 COUNCIL AGENDA REPORT TO: Mayor Murphy and Members of Council MEETING DATE: Friday, July 12, 2013 SUBJECT: Fogler Rubinoff Services Direction REPORT #: Wray RECOMMENDATION(S) That Mayor and Council approve the Chief Administrative Officer to sign, on behalf of the Corporation of the Township of Muskoka Lakes, the Direction, Authorization and Acknowledgement moving the following Fogler Rubinoff files to Gowling Lafleur Henderson effective June 26, 2013: Bala Falls Project Matter No Green Energy Act Matter No General Matters Matter No Cell Phone Tower Negotiations Matter No APPROVALS Date Signature Submitted By: Chris Wray, CAO 27/06/2013 Original signed by C. Wray ORIGIN The origin of this report is an from Mr. Rod Northey 1 of Fogler Rubinoff that he along with several key members of his team, familiar to the TML would be moving to Gowling Lafleur Henderson effective June 30, The provides our options for continued service to the TML. 1 dated June 20, 2013 attached Report from the CAO Re: Fogler Rubinoff Services Page 63 of 87

64 BACKGROUND Fogler was engaged by Council in 2010 to manage files related to Bala Falls and the Green Energy Act with matters related to Cell Tower Negotiations etc. added later. Specific legal counsel assigned included Mr. Rod Northey and Mr. Konstatine Stavrakos. In order to provide a continuation of service, if it was required, I signed a conditional 2 Direction, Authorization and Acknowledgment on June 27, 2013 to ensure that the TML was covered should the services of either counsel be required prior to the July 12, 2013 Council Meeting. The conditional document expires July 12, FINANCIAL Obviously by employing any law firm or bringing forth a new matter, set up costs are incurred. These costs for the subject matters have already been incurred by the TML. The use of solicitors not familiar with the subject files will incur increased costs for this purpose. POLICIES AFFECTING THE DECISION None OPTIONS / RECOMMENDATION Option 1 The TML has the option of leaving the subject files with Fogler. This will require new counsel at Fogler and will no doubt incur some new setup costs. For this reason, Option 1 is not recommended. Option 2 The TML has the option of moving the subject files to another law firm. The acceptance of this option would also incur additional set-up costs while also requiring the time on the part of staff to inquire with such a firm. For these reasons, Option 2 is not recommended. Option 3 The TML could allow for the transfer of the subject files to Gowling. The TML has invested two and half years in building a relationship with both Mr. Northey and Mr. Stavrakos. Funds have obviously been expended in the set up costs require to build this relationship and there is value in the knowledge that both lawyers have about the TML. For this reason, Option 3 is recommended. END 2 Conditional document attached. Report from the CAO Re: Fogler Rubinoff Services Page 64 of 87

65 Report from the CAO Re: Fogler Rubinoff Services Page 65 of 87

66 Report from the CAO Re: Fogler Rubinoff Services Page 66 of 87

67 COUNCIL AGENDA REPORT TO: Mayor Murphy and Members of Council MEETING DATE: July 12, 2013 SUBJECT: CIVIL MARRIAGE CEREMONIES RECOMMENDATION 1: RECOMMENDATION 2: RECOMMENDATION 3: That By-law , being a by-law to appoint a Deputy Clerk for the Township of Muskoka Lakes, be given three readings. That By-law , being a by-law to authorize the civil marriage solemnization service in the Township of Muskoka Lakes, be given three readings. That Township Council direct staff to apply to the Province of Ontario for a marriage register for civil marriage solemnization pursuant to Section 29 (1) of the Marriage Act. APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk 09/07/13 Original signed by C. Mortimer Acknowledged: Chris Wray, CAO 09/07/13 Original signed by C. Wray SUMMARY: ORIGIN: BACKGROUND: That Council provide direction to staff with respect to civil marriage ceremonies. Office of the CAO. Pursuant to the Marriage Act, there are two types of marriage ceremonies performed in Ontario; religious and civil marriages. Section 11 (1) of the Marriage Act provides that marriage licences may be issued by the clerk of every local municipality except a township, therefore the Township of Muskoka Lakes does not issue marriage licences. Pursuant to Section 20 of the Marriage Act, a recognized religious official may perform religious marriage ceremonies. Section 24 provides that a judge, a justice of the peace or any other person of a class designated by regulation may perform civil marriage ceremonies. Section 1.1 of Ontario Regulation 285/04 (under the Marriage Act) provides that the clerk of a local municipality is authorized to solemnize civil marriages. Report from the Clerk Re: Civil Marriage Ceremonies. Page 67 of 87

68 Page 2 Report Re: CIVIL MARRIAGE CEREMONIES If a municipality chooses to implement civil marriage services, a marriage register must be applied for through the Province of Ontario. The purpose of the register is to record the particulars and to authenticate the marriage. In order to perform civil marriage ceremonies, training is required on the relevant legislative requirements and obligations, document and register completion and on performing civil marriage solemnization. Currently, the CAO has this training, has past experience in his former employment and is willing to provide this service for the Township of Muskoka Lakes. Through Section 228 (4) of the Municipal Act, the clerk has the authority to delegate in writing, any of the clerk s powers and duties under the Municipal Act or any other Act, to any person other than a member of council. Section 228 (2) of the Municipal Act also provides that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under the Municipal Act and any other Act. In light of this, it is recommended that Township Council appoint the CAO as deputy clerk for the Township of Muskoka Lakes to implement civil marriage services and that staff apply to the Province for a marriage register in this regard. Staff would also be required to follow up with a policy on process at a future meeting. The decision to provide this type of service is ultimately a decision of Council. If it is to proceed, a Council by-law would be necessary to provide for authorization. Once passed, the by-law would be filed with the Office of the Registrar General so that they are aware of such authority. Within the District of Muskoka, the Towns of Bracebridge, Gravenhurst and Huntsville issue marriage licenses. The Town of Gravenhurst and the Township of Lake of Bays provide for civil marriage ceremonies. FINANCIAL: Of the municipalities surveyed the fee for civil marriage ceremonies range from $ to $ plus applicable taxes as a cost recovery fee for the service. This fee does not include the cost of the required marriage license which would have to be obtained at an issuing office. Some municipalities also retain an administration fee between $ up to the full application fee upon the cancellation of a ceremony. This service will hopefully have economic development benefits. ATTACHMENTS: Applicable Legislation Civil Marriages Draft By-law To appoint CAO Chris Wray as Deputy Clerk for the Township of Muskoka Lakes Draft By-law To authorize civil marriage solemnization services in the Township of Muskoka Lakes Report from the Clerk Re: Civil Marriage Ceremonies. Page 68 of 87

69 Applicable Legislation Civil Marriages Marriage Act, R.S.O. 1990, CHAPTER M.3 Issuers 11. (1) Marriage licences may be issued by the clerk of every local municipality except a township. Who may solemnize marriage 20. (1) No person shall solemnize a marriage unless he or she is authorized by or under section 24 or is registered under this section as a person authorized to solemnize marriage. Application for registration (2) Upon application the Minister may, subject to subsection (3), register any person as a person authorized to solemnize marriage. Who may be registered (3) No person shall be registered unless it appears to the Minister, (a) that the person has been ordained or appointed according to the rites and usages of the religious body to which he or she belongs, or is, by the rules of that religious body, deemed ordained or appointed; (b) that the person is duly recognized by the religious body to which he or she belongs as entitled to solemnize marriage according to its rites and usages; (c) that the religious body to which the person belongs is permanently established both as to the continuity of its existence and as to its rites and ceremonies; and (d) that the person is resident in Ontario or has his or her parish or pastoral charge in whole or in part in Ontario; provided that in the case of a person who is in Ontario temporarily and who, if resident in Ontario, might be registered under this section, the Minister may register him or her as authorized to solemnize marriage during a period to be fixed by the Minister. Civil marriage 24. (1) A judge, a justice of the peace or any other person of a class designated by the regulations may solemnize marriages under the authority of a licence. Entry in marriage register 28. (1) Every person shall immediately after he or she has solemnized a marriage, (a) where the marriage was solemnized in a church, enter in the church register kept for the purpose; or (b) where the marriage was solemnized elsewhere than in the church, enter in a register kept by him or her for the purpose, the particulars prescribed by the regulations, and the entry shall be authenticated by his or her signature and those of the parties and witnesses. Record of marriage (2) Every person who solemnizes a marriage shall, at the time of the marriage, if required by either of the parties, give a record of solemnization of the marriage specifying the names of the parties, the date of the marriage, the names of the witnesses, and whether the marriage was solemnized under the authority of a licence or publication of banns. Supply of marriage registers 29. (1) Every person or religious body authorized to solemnize marriages may apply to the Minister for a marriage register, and the Minister shall thereupon supply the register. Property of Crown (2) Every register supplied by the Minister is the property of the Crown. Report from the Clerk Re: Civil Marriage Ceremonies. Page 69 of 87

70 Marriage Act, R.R.O. 1990, REGULATION For the purposes of subsection 24 (1) of the Act, the clerk of a local municipality is authorized to solemnize marriages under the authority of a licence. Municipal Act, 2001, S.O. 2001, CHAPTER 25 Deputy clerks 228. (2) A municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act. Delegation 228. (4) The clerk may delegate in writing to any person, other than a member of council, any of the clerk s powers and duties under this and any other Act. Report from the Clerk Re: Civil Marriage Ceremonies. Page 70 of 87

71 CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES BY-LAW NUMBER Being a by-law to appoint a Deputy Clerk for The Corporation of The Township of Muskoka Lakes. WHEREAS Section 228 (2) of the Municipal Act, 2001, as amended, provides that a municipality may appoint a deputy clerks who have all the powers and duties of the clerk under the Municipal Act and any other Act; AND WHEREAS it is deemed expedient to appoint a Deputy Clerk for The Corporation of The Township of Muskoka Lakes; NOW THEREFORE the Council for The Corporation of The Township of Muskoka Lakes enacts as follows: 1. That Christopher David Wray is hereby appointed Deputy Clerk for The Corporation of The Township of Muskoka Lakes. 2. That the appointment of Christopher David Wray as Deputy Clerk shall be effective upon the 12 th day of July, Read a first, second and third time and finally passed this 12th day of July, Mayor Alice Murphy Cheryl Mortimer, Clerk Draft THE Report from the Clerk Re: Civil Marriage Ceremonies. Page 71 of 87

72 CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES BY-LAW NUMBER Being a by-law to authorize the civil marriage solemnization service in The Corporation of The Township of Muskoka Lakes. WHEREAS Section 24 (1) of the Marriage Act, RSO 1990, Chamber M.3, as amended, provides that a judge, a justice of the peace or any other person of a class designated by the regulations may solemnize marriages under the authority of a licence; AND WHEREAS Section 1.1 of Ontario Regulation 285/04 made under the Marriage Act, provides that for the purposes of subsection 24 (1) of the Marriage Act, the clerk of a local municipality is authorized to solemnize marriages under the authority of a licence; AND WHEREAS Section 228 (4) of the Municipal Act, 2001, as amended, provides that the municipal clerk may delegate in writing to any person, other than a member of council, any of the clerk s powers and duties under the Municipal Act and any other Act; AND WHEREAS the Council of the Corporation of the Township of Muskoka Lakes considers it desirable to provide for civil marriage solemnization services in the Township of Muskoka Lakes; NOW THEREFORE the Council for the Corporation of The Township of Muskoka Lakes enacts as follows: 1. That the Council of the Corporation of the Township of Muskoka Lakes does hereby direct that civil marriage solemnization services be implemented in the Township of Muskoka Lakes. 2. That the Council of the Corporation of the Township of Muskoka Lakes recognizes that the municipal clerk is authorized to solemnize marriages in the Township of Muskoka Lakes. Draft THE 3. That the Council of the Corporation of the Township of Muskoka Lakes does hereby support the municipal clerk delegating the authority to provide civil marriage solemnization services to the deputy clerk for the Township of Muskoka Lakes, at times and locations which are agreeable to both parties. 4. That the fee for conducting civil marriage solemnization services in the Township of Muskoka Lakes shall be $300.00, with a $ administration fee being retained by the Township of Muskoka Lakes should a scheduled civil marriage solemnization service be cancelled. 5. That this By-law shall come into force and take effect on the date of passage. Read a first, second and third time and finally passed this 12th day of July, Mayor Alice Murphy Cheryl Mortimer, Clerk Report from the Clerk Re: Civil Marriage Ceremonies. Page 72 of 87

73 COUNCIL AGENDA REPORT TO: Mayor Murphy and Members of Council MEETING DATE: July 12 th, 2013 SUBJECT: ULLSWATER COMMUNITY CENTRE RENOVATIONS, PORT CARLLING COMMUNITY CENTRE SIDING REPLACEMENT AND RENOVATIONS TO THE TOWNSHIP OFFICES RECOMMENDATION: That the Contract for the Ullswater Community Centre Renovations, Port Carling Community Centre Siding Replacement and Renovations to the Township Offices be awarded to DaviCor Construction for the bid price of $169, plus H.S.T. APPROVALS: Date Signature Approved By: Neil Donald, DSC July 9, 2013 Original Signed by N. Donald Acknowledged: Chris Wray, CAO July 9, 2013 Original Signed by C. Wray ORIGIN: The work generally comprises the renovation and addition to the washrooms and paving of one parking space at the Ullswater Community Centre, the removal and replacement of the siding and accessories and wood slats including reworking the metal slat brackets at the Port Carling Community Centre and renovations to the CAO s office, Planning Office and work/storage room in the Township Offices. The tender documents were prepared and sent out to firms that have shown an interest in the past. As well as being advertized in the local newspapers and posted on the Township s website. The Bids closed on Monday, July 8 th, 2013 at 12:00 p.m. and were opened at 1:00 p.m. in the Municipal Office, Port Carling. In attendance were Mayor Murphy, Councillor Baranik, Duncan Ross, Neil Donald and Steve Rettie. Report from the Development Services Page 73 of 87

74 BACKGROUND: Please refer to the attached report prepared by Duncan Ross Architect. FINANCIAL: The 2013 Budget indicates a total expenditure of $199, I recommend that DaviCor Construction be awarded the contract for the amount of $169, plus H.S.T. The remainder of the budgeted amount to be applied to architecture, contingency and non-refundable HST. Report from the Development Services Page 74 of 87

75 Duncan Ross Architect MEMORANDUM FROM: Duncan Ross DATE: July 9, 2013 TO: Township of Muskoka Lakes / Mr. Neil Donald, CBO ndonald@muskokalakes.ca PROJECT: Port Carling CC, Ullswater CC, Township Offices PROJECT NO: Dear Neil, I am pleased to present the following analysis of the Bids received for the above project for the Township. A public advertisement was placed in local papers, and the ad was on the Township website. DRA invited some respected bidders as well. More than 15 companies expressed interest, took bid documents, and a total of four Bids were received They are listed below. Bidder Amount Bid Security Port Carling CC Ullswater CC Planning Balance Davicor Const. $ 169, yes $84, $60, $10, $14, TBM + Assoc. $ 181, yes $112, $41, $9, $9, Bradanick Const. $ 192, yes $93, $79, $6, $13, K. Knight Contr. $ 247, yes $130, $82, $18, $16, The difference between the two lowest Bids is $11,995.00, or 7% (difference divided by low bid), and that is a reasonable separation. The difference between the lowest and third lowest Bids is 13%. This tends to indicate that the low bidder did not make a mistake in his Bid, as others were reasonably close to him. I have contacted Davicor Construction / Dave Cork and discussed his Bid with him. He feels he has made no mistake in the quotation. For the balance of this analysis, I will focus on the two lowest Bids. Davicor s overhead and profit margins on potential change orders is the same as TBM s. Both Bids agreed to the timetable presented in the specifications. The lists of subtrades provided in these Bids contained some names not known to this reviewer, but none are objectionable among those known. It was my recommendation to the Township that all work be awarded to one contractor. I felt that a volume discount would come into play. Four itemized prices were requested by the Township for internal accounting purposes. There were significant differences in the itemized prices that were requested but since the contractors have been told to expect that the winner will take all, these prices are moot for them. (If the Township wishes to award the work piecemeal, then the contractors must be allowed to provide supplementary bids based on this new criterion.) TBM s itemized price for the Port Carling CC work was significantly higher than Davicor s. Knowing that the upper-tier government is providing funding for the Port Carling CC component, a comparison was made between the lowest two Bids to see if government funding would make up the difference or even advance TBM to the winning position. The comparison showed that the increased funding would still leave TBM between $5,000 and $6,000 more expensive than Davicor s Bid. TBM s Bid indicated a reduction in price of $2, if the Township were to choose vinyl siding instead of wood for the Port carling CC. Davicor s reduction in price was significantly better; offering a credit of $11, Main Street West, Suite 10, Huntsville, Ontario P1H 1X1 Phone: Fax: duncanross@bellnet.ca Report from the Development Services Page 75 of 87

76 At Port Carling CC, it is possible that the existing strapping under the siding has deteriorated to the point where it too must be replaced, and both TBM and Davicor priced replacement of the strapping in its entirety, if necessary. TBM offered an extra of $3, for replacement and Davicor offered an extra of $6, The difference is not enough to overcome the difference in overall Bid Prices. I have worked with Dave Cork on a number of projects and know that he is capable performing this work to a high quality level. He is presently the Township choice for the Computer Room renovations downstairs. I recommend that Council accept Davicor Construction s Bid for the performance of the contract. Upon your decision, I will issue a letter of award to Davicor, and announce the decision to the other Bidders. I will also have Davicor submit the WSIB and insurance requirements. There are other issues that Council should consider. 1). These projects are mostly renovation and unforeseen conditions do crop up. As such, the Township should maintain a 10% contingence allowance. This money would be held in your hands until expended by Change Order. This should be considered when approving this project. 2). I recommend that Council appoint a person to represent the Township s interests during construction and that the person be given the right to approve change orders of up to a certain value before having to ask Council for approval. This will streamline the approvals process, and the person can still keep Council informed at your regular meetings. 3) For a building of this significance, I highly recommend that vinyl not be used as the siding of choice. I trust that this meets your present requirements. If there are any questions or concerns I will do my best to address them before or during the Council meeting. Best regards, Duncan Ross B. Arch. O.A.A. Duncan Ross Architect 75 Main Street West, Suite 10, Huntsville, Ontario P1H 1X1 Phone: Fax: duncanross@bellnet.ca Report from the Development Services Page 76 of 87

77 BY-LAW ROOMING HOUSES Report from the Director of Planning, Re: By-law Page 77 of 87

78 COUNCIL AGENDA REPORT TO: Mayor Murphy and Members of Council MEETING DATE: July SUBJECT: By-law , Rooming Houses RECOMMENDATION: That By-law be given three readings, subject to the minor amendments noted in the staff report dated July APPROVALS: Date Signature Approved By: D. Pink, Director of Planning 08/07/13 Original signed by D. Pink Acknowledged: C. Wray, CAO 08/07/13 Original signed by C. Wray ORIGIN At the May Committee of the Whole meeting, members requested that a Rooming House Licensing By-law be placed on the following Planning Committee of the Whole meeting agenda. The staff report for the June Planning Committee of the Whole meeting provided background on Rooming Houses, an analysis of possible controls, and the recommendation that changes to the Zoning By-law occur prior to consideration of a Licensing By-law. At the meeting, proposed changes to Comprehensive Zoning By-law with respect to Rooming Houses were requested at the next available Council meeting. ANALYSIS Background Rooming Houses The issue of Rooming Houses came to the forefront in late 2007/early 2008 when several were proposed in Bala and Port Carling. Considerable concerns were raised by area residents, including impacts related to noise, parking, buffering, property standards, safety, and property values, to name a few. To investigate and better control their development, the municipality passed an Interim Control By-law on July which applied to all new buildings on a lot serviced by municipal water and sewer services. The By-law limited a Dwelling Unit to five bedrooms with a gross floor area less than 50% of the gross floor area for the entire Dwelling Unit. The by-law also defined a bedroom as any room containing or being used as sleeping accommodation by one or more persons. On June the Interim Control By-law was extended for another year. Report from the Director of Planning, Re: By-law Page 1 of 5 Page 78 of 87

79 Upon expiration of the Interim Control By-law (July ), the intent was to amend Zoning By-law through the Comprehensive Zoning By-law Review process to include related provisions to Rooming Houses as a result of the study conducted. The Comprehensive Zoning By-law Review process has yet to culminate in the passing of a revised Zoning By-law. Background Comprehensive Zoning By-law Review Process The ongoing Comprehensive Zoning By-law Review process commenced in early 2009 (first draft Bylaw , second draft By-law ). Draft provisions providing performance standards and a definition of Rooming House were prepared and included in the first two drafts of the proposed new Zoning By-law. These changes have been considered as part of two Public Meetings to date. As the proposed changes have gone through the required public process, the municipality could consider enacting the draft provisions at this time. No further public circulation is required. If Council is considering approval, Notice of Passing will be required. A draft by-law including minor amendments is attached to the current agenda. Need for Rooming Houses As businesses become more successful in the Township, some are in need of extensive staff accommodations. This is particularly true in the tourism industry. To be able to provide quality service means a high level of staffing. Due to relatively low wages, affordable accommodation becomes an issue. Although numerous concerns are raised with respect to Rooming Houses, prohibiting such uses or establishing a complicated system may hinder the tourism sector in the Township. Accordingly, the Official Plan was recently updated to include policies recognizing the use and providing general development standards. Licensing By-law Upon inclusion in the Zoning By-law, a Licensing By-law further regulating Rooming Houses should be considered. Planning Committee of the Whole members indicated this desire. Such licensing can address a number of issues including: Compliance with Ontario Fire Code, Compliance with Property Standards By-law, Compliance with Electrical Safety Code, Compliance with the Building Code, Requirements of the Health Unit, and Extent of fencing. Licenses can be required on a yearly basis and inspections can occur at times as stipulated in the Bylaw with permission of the owner / occupier. Land Use versus Ownership Are Rooming Houses an ownership issue or is it also a matter of land use? Court cases in recent years have prevented municipalities from defining families. The documentation is well known and led to the Planning Act being revised to state the authority to pass a by-law under Section 34 does not include the authority to pass a by-law distinguishing between persons who are related and persons who are unrelated in respect to the occupancy or use of a building or structure (Section 35 (2)). Report from the Director of Planning, Re: By-law Page 2 of 5 Page 79 of 87

80 In addition, the operation of a Rooming House is important. The courts have held that a number of people living together who make collective decisions on the operation of the household can be termed as residential. In contrast, a number of people living together who are using supplied furniture, pay individual rents, pay for utilities individually, and who may not be able to use all of the facilities or rooms, would be termed a Rooming House. Staff raises the above two concerns to illustrate the difficulty in implementing any new zoning provisions or Licensing By-law. Regardless of whether or not controls are in place, it will be difficult to prove at the time of a Building Permit the potential future use. The courts have cited a number of characteristics associated with a Rooming House. Very few of these will be apparent at the time of the issuance of a Building Permit. The municipality may have to require a declaration signed by the applicant as to the proposed use of the building. Minor Amendments The current wording of Rooming House provisions in draft By-laws and require some minor amendments. These become somewhat complicated as they were written presuming other changes to the by-law were occurring concurrently. For example, the drafts reference metric measurements, although By-law remains imperial. 1) Official Plan policies clearly state that small (3 bedrooms or less) and large (4 or 5 bedrooms) Rooming Houses shall be permitted in all zones which permit residential dwellings. The draft by-laws did not fully conform to this statement and further, a different zoning scheme was envisioned for Urban Centres/Communities that has yet to be implemented. A minor amendment, therefore, is needed to include Rooming Houses as a permitted use in all current Community Residential and Rural zones which permit residential dwellings. 2) Parking requirements state one space required per bedroom and one space for an accessory dwelling. An accessory dwelling is not a defined term in the Zoning By-law, nor is staff aware of any Community Residential or Rural zones which permit this use. The terminology should be changed to state 1.5 parking spaces for any additional dwelling unit on the property. This would only apply in multiple residential zones (RM1, RM2). 3) Draft provisions state a minimum lot area of sq. m. (15,000 sq. ft.). An area of sq. m. equates to 7,500 sq. ft. As certain zones are being amended and lot frontage and area requirements changing in the proposed new Zoning By-law, for the purposes of the current by-law, staff has amended minimum lot and site requirements to comply with existing lot of record criteria. 4) All metric references should be amended to solely imperial. This can change when all of By-law is amended to metric (if approved). 5) Draft provisions state a minimum bedroom size of 9.3 sq. m. (100 sq. ft.) twice. One can be deleted. 6) Further to above, the Ontario Building Code permits bedroom sizes of no less than 7 sq. m. (75 sq. ft.). For consistency, requirements should be the same. 7) A minimum separation distance of m. (500 ft.) is required between Rooming Houses, yet there is no method of measurement described. This should be clarified to state no two properties which contain a Rooming House shall be situated within 500 ft. of each other, measured from any point of their respective lot lines. Although this is the main provision controlling the number of Rooming Houses, staff has some concerns that the method will encourage property owners to pursue Rooming Houses, akin to a race, in the fear one may be Report from the Director of Planning, Re: By-law Page 3 of 5 Page 80 of 87

81 built prior within 500 feet. Further, this poses considerable difficulty administratively. As discussed above, proving proposed (or existing) Rooming Houses will be difficult, as will ascertaining precise measurements over neighbouring lots. 8) Although zone provisions control an overall building height, to ensure compliance with the Ontario Building Code and Fire Code, a provision should be added that a Rooming House cannot exceed three storeys. 9) Minimum lot frontages and areas are outlined in Urban Centres and Communities. Communities are individually listed (as opposed to Urban Centres), and exclude Windermere. Windermere needs to be added. 10) The setup of draft provisions would permit both a Rooming House and Dwelling Unit on a lot (2 separate structures). There is concern with this ability, as the use of Rooming House may commonly cease over time, with the result of potentially two dwellings on a lot. Staff would recommend a minor amendment to state that where a Dwelling Unit and Rooming House are permitted uses, only one structure is permitted on a lot, with the exception of RM1 and RM2 zones. 11) Official Plan policies state that Rooming Houses shall be subject to increased/enhanced setbacks from property lines. This is properly implemented for Urban Centres and Communities. In the proposed Rural provisions, proposed setbacks are less than what is required for a single family dwelling. The minimum required front yard setback should be increased to 66 feet and interior side yard and rear yard setbacks to 50 feet. 12) Council previously indicated the desire to limit large Rooming Houses to Provincial Highways and District Roads only. Direction is needed as to whether or not this applied solely to Urban Centres/Communities. Landscaped Area Draft provisions included a clause that a minimum Landscaped Area of 35% must exist, with Landscaped Area defined. This definition, however, is not currently in By-law 87-87; it was a new proposed definition. This definition must, therefore, also be brought into By-law at this time. A minor amendment should also be included as the term Landscape Area is used in Section 8. Site Plan Control Official Plan policies require that Rooming Houses be subject to Site Plan Control. The Site Plan Control By-law does not exempt such a structure from approval, and therefore no changes are required to implement this requirement. Going Forward If By-law is passed, Notice of Passing must be advertised. This will be subject to a potential appeal to the Ontario Municipal Board. As stated above, a Licensing By-law should be considered shortly thereafter to address further issues under the Building Code, Fire Code, etc. It should also be noted that this is the Township s first attempt at regulating Rooming Houses. Various other municipalities have done so prior, including Barrie, London, Waterloo, Kingston, and it is staff s understanding that it has been met with considerable difficulty with respect to implementation and enforcement. Future amendments to the Zoning By-law to address inconsistencies, loopholes, etc. may very well be necessary. As a new Comprehensive Zoning By-law is intended to be considered in early 2014, this intervening period may beneficially be seen as somewhat of a trial run. Report from the Director of Planning, Re: By-law Page 4 of 5 Page 81 of 87

82 Report from the Director of Planning, Re: By-law Page 5 of 5 Page 82 of 87

83 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES BY-LAW Being a By-law to amend Comprehensive Zoning By-law 87-87, as amended, in the Township of Muskoka Lakes WHEREAS the authority to pass this by-law is provided by Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13 and amendments thereto; AND WHEREAS Comprehensive Zoning By-law was enacted by the Corporation of the Township of Muskoka Lakes to regulate land use within the Municipality; AND WHEREAS the Official Plan for the Corporation of the Township of Muskoka Lakes was updated and adopted by Township Council on April 17, 2009, approved by the District of Muskoka on November 2009, followed by an Order of the Ontario Municipal Board dated December 14, 2011; AND WHEREAS the Council of the Corporation of the Township of Muskoka Lakes deems it advisable to enact a new Comprehensive Zoning By-law to implement the policies of the Official Plan and address other matters; AND WHEREAS Public Meetings on a new Comprehensive Zoning By-law have been held on July 24, 2010 and July 23, 2011; AND WHEREAS the Council of the Corporation of the Township of Muskoka Lakes deems it advisable to enact certain provisions of the proposed by-law as an amendment to Comprehensive Zoning By-law at this time; NOW THEREFORE the Council of the Corporation of the Township of Muskoka Lakes enacts as follows: SECTION IV COMMUNITY 1. Section 4.1.1, table titled Permitted Uses, is amended by adding/permitting the use of ROOMING HOUSE under the columns titled RESIDENTIAL R1, R2, R3, R4, R5, R6 and MULTIPLE RESIDENTIAL - RM1, RM2. DRAFT 2. Section e. shall be added and read; ROOMING HOUSES A ROOMING HOUSE exceeding three bedrooms shall be subject to the following specific provisions: i) A minimum LOT FRONTAGE and a minimum LOT AREA in compliance with the Lot and Site Requirements of Section a. in the Urban Centres (R1, R2, R5, RM1, and RM2 zones); ii) A minimum LOT FRONTAGE and a minimum LOT AREA in compliance with the Lot and Site Requirements of Section a. for the Communities of Foots Bay, Glen Orchard, Milford Bay, Windermere, and Torrance (R3, R4, R5, and R6 zones); iii) No person shall ERECT a ROOMING HOUSE unless the LOT upon which such ROOMING HOUSE is to be ERECTED fronts, for a distance equal to the minimum FRONTAGE requirement, a Provincial Highway or District Road; iv) A maximum GROSS FLOOR AREA of 3000 square feet; Report from the Director of Planning, Re: By-law Page 83 of 87

84 v) A maximum of 5 bedrooms; vi) A minimum bedroom size of 75 square feet; vii) A maximum bedroom size of 300 square feet; viii) A minimum of 1 parking space per bedroom used for the ROOMING HOUSE and a minimum of 1.5 parking spaces for any DWELLING UNIT on the property; ix) A minimum FRONT YARD SETBACK of 35 feet; x) A minimum INTERIOR SIDE YARD SETBACK of 15 feet in the Urban Centres and 25 feet in the Communities; xi) A minimum EXTERIOR SIDE YARD SETBACK of 25 feet; xii) A HEIGHT not exceeding 3 STOREYS; xiii) A minimum LANDSCAPED AREA of 35%; xiv) A minimum distance separation between ROOMING HOUSES of 500 feet, measured from any and all points of their respective LOT LINES; and xv) The cumulative FLOOR AREA of bedrooms shall be limited to 50% of the GROSS FLOOR AREA of the ROOMING HOUSE. 3. Section f. shall be added and read; Where a DWELLING UNIT and ROOMING HOUSE are permitted uses, only one BUILDING containing these uses is permitted on a LOT, excluding RM1 and RM2 zones. SECTION V RURAL 4. Section 5.1.1, table titled Permitted Uses, is amended by adding/permitting the use of ROOMING HOUSE under the columns titled RURAL Ru1, Ru2, RURAL AGRICULTURE - Ru3, RURAL LAND EXTENSIVE - Ru4, RURAL RESIDENTIAL - RuR, RURAL RESIDENTIAL HAMLET RuRH, RURAL ESTATE RESIDENTIAL RuER and RURAL SPECIAL - RuSp. DRAFT 5. Section e. shall be added and read; Special Provisions: ROOMING HOUSES ROOMING HOUSES exceeding three bedrooms shall be subject to the following specific provisions: i) A minimum LOT FRONTAGE of 100 feet and a minimum LOT AREA of 0.5 acres. In the case of a lot zoned Rural Special (RuSp) a minimum LOT FRONTAGE and a minimum LOT AREA in compliance with the Lot and Site Requirements of Section a.; ii) A maximum GROSS FLOOR AREA of 3000 square feet; iii) A maximum of 5 bedrooms; iv) A minimum bedroom size of 75 square feet; v) A maximum bedroom size of 300 square feet; Report from the Director of Planning, Re: By-law Page 84 of 87

85 vi) A minimum of 1 parking space per bedroom used for the ROOMING HOUSE; vii) A minimum FRONT YARD SETBACK of 66 feet, a minimum INTERIOR SIDE YARD SETBACK of 50 feet and a minimum REAR YARD SETBACK of 50 feet; viii) A HEIGHT not exceeding 3 STOREYS; ix) A minimum LANDSCAPED AREA of 35%; and, x) A minimum distance separation between ROOMING HOUSES of 500 feet, measured from any and all points of their respective LOT LINES. 6. Section f. shall be added and read; Where a DWELLING UNIT and ROOMING HOUSE are permitted uses, only one BUILDING containing these uses is permitted on a LOT. SECTION VIII DEFINITIONS 7. Section 8.63A shall be added and read; LANDSCAPED AREA: means a landscaped or natural area on a LOT outside of all BUILDINGS and STRUCTURES which is not used for parking, a sundeck, or a patio. 8. Section 8.115A shall be added and read; ROOMING HOUSE: means a BUILDING in which lodging is provided in no more than five bedrooms in return for remuneration or the provision of services or both, per each bedroom where sanitary facilities and one kitchen are provided for the inclusive use of the Roomers. A ROOMING HOUSE shall not include a GROUP HOME, HOTEL, MOTEL, senior citizen home, BED AND BREAKFAST, or other similar establishment. DRAFT All other provisions of By-law apply. READ A FIRST AND SECOND TIME this 12 th day of July, READ A THIRD TIME AND FINALLY PASSED this 12 th day of July, Mayor, Alice Murphy Cheryl Mortimer, Clerk Report from the Director of Planning, Re: By-law Page 85 of 87

86 Report from the Director of Planning, Re: By-law Page 86 of 87

87 Report from the Director of Planning, Re: By-law Page 87 of 87