Chair and Members Planning and Economic Development Committee

TO: FROM: Chair and Members Planning and Economic Development Committee Melissa Halford Manager of Planning DATE: June 23, 2016 SUBJECT: Amendment No. 6 to Draft Approval Subdivision File No. S2006-3 (Loon Call (Muskoka) Inc.) Town of Bracebridge REPORT NO: PED-7-2016-4 RECOMMENDATION (Delegated Decision) THAT the draft plan of subdivision and Schedule A to Resolution No. 29/2006 being the draft approval conditions for Draft Plan of Subdivision File No. S2006-3 (Loon Call (Muskoka) Inc.), as amended, BE FURTHER AMENDED as detailed in Schedule A attached hereto. ORIGIN An application for a major amendment to the above noted draft plan of subdivision was originally submitted on August 18, 2015 by the applicant s agent Mr. Bob List of List Planning Ltd. Since that time, the applicant has revised the development proposal a number of times, with the most recent proposal being submitted on May 9, 2016. ANALYSIS Location and Description The subject property fronts onto Douglas Drive and is located with the urban centre of the Town of Bracebridge. More specifically these lands are located on Part of Lot 3, Concession 5, Macaulay, Town of Bracebridge, and are approximately 7.1 hectares (17.6 acres) in size. A location map is attached as Appendix I. Site Characteristics and Surrounding Land Uses A number of townhome units are currently under construction on a portion of the lands subject to the proposed major amendment, while the remaining lands have recently been graded and are sparsely vegetated. The subject lands directly abut the previously registered phases of the subdivision, at the end of the temporary cul-de-sac known as Little Ryan s Way. Page 1

The lands to the north and west of the subdivision consist of single detached residential development of varying densities. A senior s residence, Bracebridge and Muskoka Lakes Secondary School, and the Bracebridge Sportsplex are located to the south of the lands. Abutting the subject property to the east is a Canadian National Railway (CN Rail) right-of-way. Background The original draft plan of subdivision was draft approved on August 10, 2006 for a total of 15 single detached residential lots and a large retained parcel, a portion of which was to be used for stormwater management purposes. Access was proposed from an internal public road originating from Douglas Drive for ten of the lots, and directly from Douglas Drive for the remaining five. Each of the lots were proposed to be serviced with municipal water and sewer services. Since that time, the property has changed ownership and has been amended a total of five times to increase the number of residential units on the lands to 45, 41 of which were to be townhomes and four were proposed as semi-detached residential dwelling units. A copy of the current draft approved plan of subdivision is located in Appendix II. Proposed Amendments to the Draft Plan This proposed major amendment will have the effect of replacing the current Phase 3A (including four townhouse residential lots and two semi-detached residential lots, as well as Block G Parkland Dedication) with a new phase to be known as Phase 4. Phase 4 is proposed to consist of a total of 11 townhouse residential lots, one parkland block (Block G) and a new block (Block H), which is intended to be developed with one single detached residential dwelling. This represents a net increase of seven additional residential lots. All proposed townhomes will be set back 75 metres from the rail line right-of-way, as required by CN Rail. The proposed amendment also removes land from the draft approved plan along Douglas Drive between the Phase 1 lands and the proposed Block H. The applicant intends to create four additional lots in this location through the consent process with the Town of Bracebridge. The consents were conditionally approved by the Town of Bracebridge on May 17, 2016. A copy of the proposed amended plan is located in Appendix III. Supporting Documentation A preliminary stormwater management report completed by TSH Engineering Ltd., was submitted in support of the original application. The report recommended the use of drainage swales, roadside ditches, and a wet pond stormwater management facility to achieve the necessary stormwater quantity and quality controls to ensure the existing drainage on the property is either maintained or improved. The applicant has also engaged Pinestone Engineering Ltd., who has provided two updates and an addendum letter to the original report to determine if the proposed major amendment to the draft plan of subdivision would have an impact upon the stormwater management facility, as it has already received a Certificate of Approval from the Ministry of the Environment. The updates conclude that all stormwater can be effectively managed through the existing stormwater management facility and associated conveyance measures noted above. A Noise and Vibration Study and subsequent updates were submitted in support of the original application as the subdivision abuts a CN Rail right-of-way. These studies recommended numerous lot-specific measures in order to mitigate any potential impacts due to the proximity of the residential development to the rail right-of-way (e.g. warning clauses, mandatory air Page 2

conditioning, special vibration foundations, brick veneer from foundation to rafters). The recommendations were ultimately incorporated into the conditions of draft approval. As part of our review, the amendment application was circulated to CN Rail for their review and comment. Circulation Section 51(44) of the Planning Act allows an approval authority (i.e. The District of Muskoka) to change the conditions of draft approval. Section 51(23) of the Planning Act also enables the District to confer with persons or public bodies that it considers may have an interest in the approval of the revised conditions. The proposed amendment was circulated to the Town of Bracebridge and CN Rail for their review. The Town of Bracebridge has advised that they recommend approval of the proposed amendment provided that an amending development agreement is entered into with the Town to address the revised phasing, parkland dedication and the necessary reconstruction of a portion of Douglas Drive. CN Rail confirmed that the applicant has entered into an agreement as well as a subsequent amending agreement with the Town that requires the applicant to address potential railway proximity issues. As these agreements satisfactorily address CN Rail s requirements, they have no outstanding concerns with the proposed major amendment. An amending agreement will be required with the District to address the provision of municipal services and the disposal of solid waste. The conditions have been amended to reflect these requirements. Planning Documents Provincial Policy Statement (PPS) The 2014 Provincial Policy Statement (PPS) would apply to this application. Sections 1.1.1 and 1.1.3.2 of the PPS recognizes the importance of accommodating an appropriate range and mix of residential uses, including affordable housing units, and promotes land use patterns within settlement areas that make efficient use of land, resources, infrastructure, and public services. Further, Section 1.4.3 requires the provision of an appropriate range of housing types and densities to meet projected requirements of current and future residents. In this regard, the overall development proposal contains a mix of densities and housing forms which are intended to provide affordable housing options within the urban centre, which would make efficient use of public services, including municipal water and sanitary sewer services. As such, the proposed major amendment would be consistent with the PPS. District of Muskoka Official Plan The subject lands are located within the Urban Centre designation of the Muskoka Official Plan. Urban settlement areas are envisioned to be the focus of growth and the appropriate location for large scale residential based proposals, with development occurring on full municipal water and sewer services. The Muskoka Official Plan also promotes the provision of a full range of housing forms to meet projected demands and encourage affordable housing. As the proposed development represents a mix of residential densities and are intended to provide affordable Page 3

housing options, the proposal would generally conform to the Muskoka Official Plan, subject to the conditions of draft approval. Town of Bracebridge Official Plan The subject lands are designated Residential within the Urban Centre designation of the Town of Bracebridge Official Plan which encourages a broad range of residential dwelling types at varying densities within Urban Centres. As such, District staff concur with Town staff that the application would continue to conform to this and other relevant policies of this document. Town of Bracebridge Zoning By-law The subject lands were recently re-zoned in order to facilitate the revised development concept. Recommended Conditions Staff have reviewed the Provincial Policy Statement, Muskoka Official Plan, and the Town of Bracebridge Official Plan, and are of the opinion that, subject to the conditions of approval set out in the Schedule A attached hereto, the proposal is consistent with and conforms to all relevant provincial and municipal planning policies. A consolidated version of the conditions of draft approval is attached in Schedule B. FINANCIAL CONSIDERATIONS No impacts on the 2016 Tax Supported Operating Budget and Capital Budget and Forecast are anticipated as a result of this proposal. COMMUNICATIONS The notice of Committee s decision will be circulated in accordance with the Planning Act, R.S.0., 1990. STRATEGIC PRIORITIES The approval of Amendment No. 6 (Loon Call (Muskoka) Inc.) supports the following goal (in part) as outlined in the District of Muskoka s Strategic Priorities: 1. Manage development and growth in a sustainable manner balancing environmental, economic, social and cultural elements. Respectfully submitted, Original signed by Melissa Halford, B.A.(Hons), MCIP, RPP Manager of Planning Original signed by Samantha Hastings, MCIP, RPP Commissioner of Planning and Economic Development S:\DEVELOPMENT\Sub Condo\2006\S2006-03 Cutters Quest Meadows_Loon Call Muskoka Inc\(11) Amendments\Amendment No. 6 (Major)\2016 05 09 Loon Call PED Committee Report - Major Amendment.Doc Page 4

SCHEDULE A AMENDMENT NO. 6 TO PLAN OF SUBDIVISION FILE NO. S2006-3 "Loon Call (Muskoka) Inc." That Schedule A to Resolution D29/2006, as amended, is hereby further amended as follows: 1. That Condition 1(a) be deleted and replaced with the following: This approval applies to Plan of Subdivision File No. S2006-3 (Loon Call (Muskoka) Inc.) prepared by T.A. Bunker Surveying Ltd., dated May 9, 2016, showing a total of 11 lots and 2 blocks, on Part of Lot 3, Concession 5, Geographic Township of Macaulay, Town of Bracebridge, District of Muskoka. 2. That Condition 5 be amended to replace: Phase 3A: Lots 20-23 and 24-25 and Block G With Phase 4: Lots 1 to 11, Blocks G and H. 3. That Condition 6 be amended to delete reference to Phase 3A and replace it with Phase 4. 4. That the following be added immediately after Condition 12: 12(a) The owner shall enter into an amending agreement with the Town of Bracebridge authorized by Section 51(26) of the Planning Act, R.S.O. 1990, as amended. This agreement shall satisfy all the requirements, financial and otherwise, of the Town of Bracebridge, including but not limited to revised phasing, parkland dedication and the reconstruction of Douglas Drive. 5. That Condition 13(a) be amended to include the words the disposal of solid waste, after the words but not limited to. 6. That Condition 14 be amended to include reference to Condition 12(a). 7. That the second paragraph of the Lapsing Provision be deleted. Page 5

Appendix I Page 6

Appendix II Page 7

Appendix III Page 8

SCHEDULE B Consolidation of Schedule A PLAN OF SUBDIVISION FILE NO. S2006-3 "Loon Call (Muskoka) Inc. Subdivision" Part A Plan of Subdivision File No. S 2006-3 (Loon Call (Muskoka) Inc.) is approved subject to Part B herein. Part B General Conditions 1(a) This approval applies to Plan of Subdivision File No. S2006-3 (Loon Call (Muskoka) Inc.) prepared by T.A. Bunker Surveying Ltd., dated May 9, 2016, showing a total of 11 lots and 2 blocks, on Part of Lot 3, Concession 5, Geographic Township of Macaulay, Town of Bracebridge, District of Muskoka. 1. Easements as may be required for access, pedestrian walkways, utilities, drainage, noise attenuation or other purposes shall be granted to the District of Muskoka, Town of Bracebridge, CN Rail and any other authority or party as may be required. 2. Prior to final approval being granted and prior to the submission of the proposed internal road names to the Town of Bracebridge for approval purposes, the Owner shall submit names to The District Municipality of Muskoka for 911 verification 3. Prior to final approval being granted, The District Municipality of Muskoka shall be provided with a copy of the final plan in digital format in accordance with The District Municipality of Muskoka Digital Draft and Final Plan of Subdivision Submission Requirements 4. Prior to final approval being granted, The District Municipality of Muskoka shall be circulated a draft Area Municipal subdivision agreement for review and comment and shall be in receipt of a registered copy of the Area Municipal subdivision agreement. Phasing 5. The plan of subdivision be finalized in phases as set out on the draft approved plan and detailed below, with each preceding phase being registered and substantially complete prior to the final approval if the subsequent phase and subject to confirmation of water and sewer capacity: Phase 1: Lots 1-2 Phase 2: Blocks A, B, C, D, E and F Phase 2A: Lot 1 Phase 3: Lots 1-13 and 14-19 Phase 4: Lots 1 to 11, Blocks G and H 6. Prior to the approval being granted to phases 2, 2A, 3 and 3A 4 the District of Muskoka and the Town of Bracebridge shall be satisfied that the previously registered phases have been serviced with municipal water and sewer services and that any required infrastructure has been installed. Zoning By-law 7. Prior to final approval being granted, the property included in this plan of subdivision shall be zoned for its intended use. Environmental 8. Prior to final approval being granted, the owner shall provide The District Municipality of Muskoka with four copies of a detailed storm water management and construction mitigation plan for the ultimate development, which is prepared by a certified professional engineer. Page 9

This plan shall incorporate the recommendations of the memorandum from the Town of Bracebridge Director of Public Works, dated May 17, 2013. The plans shall be circulated by The District Municipality of Muskoka to The Town of Bracebridge. If required, a Certificate of Approval for the plan shall be obtained from the Ministry of the Environment prior to construction of the works. 9. Prior to final approval being granted, the owner shall enter into an agreement with CN Rail respecting rail noise and vibration mitigation and other related matters. Area Municipal Subdivision Agreement 10. Prior to final approval being granted, the owner shall enter into a subdivision agreement authorized by the Section 51(26) of The Planning Act, R.S.O.. 1990, as amended, with the Town of Bracebridge. The agreement shall be registered on title and shall provide that the owner agrees to satisfy all the requirements, financial and otherwise, of The Town of Bracebridge concerning the provision of roads, sidewalks, street lighting, utilities, landscaping, lot grading and storm drainage amongst other matters; 11. The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Bracebridge which will: a) Require the implementation of the plans required in Conditions 6 8 under the supervision and to the satisfaction of a certified professional engineer; b) Provide for conveyance to the municipality of any facilities and for the long-term maintenance of such facilities or works constructed in accordance with the plans; 12. The subdivision agreement shall contain, if necessary, a provision or provisions in wording acceptable to the Town of Bracebridge and CN which: a) Implements the recommendations contained in the "Environmental Noise and Vibration Study: 73 Douglas Drive Proposed Residential Plan of Subdivision " dated April 12, 2011 and the Aercoustics Engineering Limited, Acoustical Site Plan review, dated December 5, 2012, including the following; b) Contains the following warning clause: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the lands the subject hereof. There may be alteration to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way." 12(a) The owner shall enter into an amending agreement with the Town of Bracebridge authorized by Section 51(26) of the Planning Act, R.S.O. 1990, as amended. This agreement shall satisfy all the requirements, financial and otherwise, of the Town of Bracebridge, including but not limited to revised phasing, parkland dedication and the reconstruction of Douglas Drive. District Municipal Subdivision Agreement 13. Prior to final approval being granted for Phase 1, the owner shall enter into a master subdivision agreement authorized by Section 51(26) of the Planning Act, R.S.O. 1990, as amended, with The District Municipality of Muskoka. The agreement shall be registered on title and shall provide that the owner agrees to satisfy all the requirements, financial and otherwise, of The District Municipality of Muskoka, including but not limited to the installation of municipal water and sewer services and shall provide for municipal assumption and operation of same. 13(a). Prior to final approval being granted for any subsequent Phase, the owner shall enter into a supplemental subdivision agreement authorized by Section 51(26) of the Planning Act, R.S.O. 1990, as amended, with The District Municipality of Muskoka. The agreement shall be registered on title and shall provide that the owner agrees to satisfy all the requirements, financial and otherwise, of The District Municipality of Muskoka, including but not limited to the disposal of solid waste, the installation of municipal water and sewer services and shall provide for municipal assumption and operation of same. Page 10

Clearance Letters 14. Prior to final approval being granted, the Town of Bracebridge shall advise the District in writing that conditions 1(a), 1, 4, 5, 6, 7, 8, 10, 11, and 12 and 12(a) have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied. 15. Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied that conditions 1(a), 1, 2, 3, 4, 5, 6, 13, 13(a) have been complied with to their satisfaction. 16. Prior to final approval being granted, CN Rail shall be satisfied that conditions 1, 9 and 12 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied Final Plan 17. The final plan must be in registerable form together with all necessary instruments or plans describing an interest in the land. 18. Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan Lapsing Provision In the event that the owner fails to register the conditions of draft approval on or before September 9, 2016, the approval herein granted shall be deemed to have lapsed pursuant to the Planning Act, R.S.O. 1990, as amended. In the event that a phase is registered prior to the original lapsing date, the owner must fulfill the conditions of approval for subsequent phases within 24 months from the date of the registration of the preceding phase or prior to the original lapsing date, whichever is later. If registration does not occur within these timeframes, the approval may be withdrawn pursuant to the Planning Act, R.S.0.1990. Page 11