PLANNING AND DEVELOPMENT COMMITTEE AGENDA Wednesday 7:00 p.m. Town Council Chambers Page 1 1. CALL TO ORDER 2. DECLARATIONS OF PECUNIARY INTEREST 3. PUBLIC MEETINGS 3.1. Rezoning Application D14-22/16 Robert James McCrank and Quirina Antoinette McCrank 3.2. Rezoning Application D14-02/17 Peter Stanley Cross, William Robert Cross and Mary Elizabeth Tell 3.3. Rezoning Application D14-03/17 Castle Peak Retirement Residence Inc. 4. DELEGATIONS AND PRESENTATIONS Nil. 5. MINUTES FROM ADVISORY COMMITTEES Nil. 6. NEW BUSINESS 6.1. Rezoning Application D14-22/16 Robert James McCrank and Quirina Antoinette McCrank (PD007-17) That the property described as Part of Lots 6, 7 and 8 Concession 4, Monck South Ward of the Town of Bracebridge, be rezoned from Rural (RU) to Rural Residential (RR) in part and to Rural Residential Special 26 (RR-26) in part as attached in Appendix A to Staff Report PD007-17. 6.2. Rezoning Application D14-02/17 Peter Stanley Cross, William Robert Cross and Mary Elizabeth Tell (PD008-17) That the property described as Part of Lot 6, Concession 13, Muskoka North Ward of the Town of Bracebridge be rezoned from Rural (RU) in part to Environmental Protection One (EP1) in part and to Rural Special 53 (RU-53) in part as attached to Appendix A in staff report PD008-17. 6.3. Rezoning Application D14-03/17 Castle Peak Retirement Residence Inc. (PD009-17) 1. That the property described as Part of Lot 2, Concession 4, Macaulay Ward, of the Town of Bracebridge, being Parts 2 to 4, Plan 35R-5308 be rezoned from Residential Type 1 (R1) to Institutional Holding (I-H) as attached in Appendix A to Staff Report PD009-17. 2. That further notice is not required pursuant to Section 34(17) of the Planning Act. 1
PLANNING AND DEVELOPMENT COMMITTEE AGENDA Wednesday 7:00 p.m. Town Council Chambers Page 2 6.4. Subdivision File No. S2000-1 Muskoka Highlands (PD010-17) That the District Municipality of Muskoka be advised that the Town of Bracebridge supports an extension to the conditions of draft approval for the Muskoka Highlands Subdivision File No. S2000-1 for a period of two years from the date the extension is granted by the District. 6.5. Subdivision File No. S2005-8 Inveraray (PD011-17) That the District Municipality of Muskoka be advised that the Town of Bracebridge supports an extension to the conditions of draft approval for Inveraray Subdivision File No. S2005-8 for a period of two years from the date the extension is granted by the District. 6.6. Planning and Development Department s 2016 Year-End Activity Summary (PD012-17) (Staff Report to be Distributed Separately) 7. ONGOING BUSINESS That the Planning and Development Department s 2016 Year-End Summary attached as Appendix A to Staff Report PD012-17 be received for information purposes. 7.1. Health and Safety Update 8. CORRESPONDENCE Nil. 9. CLOSED SESSION Nil. 10. RESOLUTIONS ARISING FROM CLOSED SESSION 11. ADJOURNMENT This meeting will be Webcast and Audio and Video recorded. A copy of this agenda is available in alternative formats upon request. For your convenience, assistive listening devices are available from staff in the Council Chambers. 2
Staff Report PD007-17 Page: 1 TO: FROM: SUBJECT: Councillor C. Wilson, Chair and Members of Planning and Development Committee M. Holmes, Manager of Planning Services A. Ghikadis, Senior Planner Rezoning Application D14-22/16 Robert James McCrank and Quirina Antoinette McCrank RECOMMENDATION 1. That the property described as Part of Lots 6, 7 and 8 Concession 4, Monck South Ward of the Town of Bracebridge, be rezoned from Rural (RU) to Rural Residential (RR) in part and to Rural Residential Special 26 (RR-26) in part as attached in Appendix A to Staff Report PD007-17. ORIGIN 2. An application for a zoning amendment has been received from Greg Corbett of Planscape Inc. on behalf of Robert James McCrank and Quirina Antoinette McCrank, the owners of property legally described as Part of Lots 6, 7 & 8, Concession 4, Monck South Ward of the Town of Bracebridge. 3. The zoning amendment application is required as a condition of severance. Conditional severance approval was granted by the Committee of Adjustment for Consents in December of 2016 to create three new lots in applications D10-22/23/24/16 with one of the conditions of severance requiring that a rezoning application be completed to address zoning on the severed lands. The three proposed severed lots are located on Partridge Lane. 4. A planning application is not required for the retained parcel which meets all of the required criteria for the Rural (RU) zone which is proposed to remain. 5. A map showing the location of the subject lands is attached as Appendix B. 6. An aerial photography map of the subject property is attached as Appendix C. 7. A map showing the three severed parcels and the retained parcel is attached as Appendix D 8. The total subject property is approximately 93 hectares (230 acres) with frontages on both South Monck Drive and Partridge Lane. The following chart provides the lot area and frontages of the retained and several parcels as a results of the conditionally approved consent applications: Item Retained Lot Severed Lot #1 D10-22/16 Severed Lot #2 D10-23/16 Severed Lot #3 D10-24/16 Lot Area 86 hectares (212.5 acres) 3.4 hectares (8.5 acres) 1.8 hectares (4.4 acres) 1.8 hectares (4.4 acres) Lot Frontage (South Monck Drive) Lot Frontage (Partridge Lane) 680 metres (2230 feet) -- 124 metres (409 feet) -- -- -- 90 metres (295 feet) 90 metres (295 feet) 3
Staff Report PD007-17 Page: 2 9. The severed lots are all vacant. Residential development is proposed and suitable building sites exist on each of the three severed lots. Severed lot #1 has mixed terrain sloping down from each side to the middle of the property, with the slopes being vegetated and the remainder of the lot being open. Severed lots # 2 & 3 are level and open. 10. The retained lot contains the existing dwelling, with a barn and accessory structures. The applicant s agent has advised that a portion of the property is farmed for hay by an off-site farm operator and there is currently no keeping of livestock on the property. 11. Surrounding uses on Partridge Lane include detached dwellings with accessory structures on similar sized lots. In the immediate area are also agricultural lands, a golf course and artist studios. 12. A map showing the current surrounding zoning can be found in Appendix E. ANALYSIS 13. The following table provides a summary of the Official Plan designation and zoning of the property and the action requested or required to be taken: Policy/Regulation Current Status Requested/Required Zoning By-law 2016-088 Town Official Plan Rural (RU) and Environmental Protection Wetland (EPW1) Designated Countryside within the Rural Area designation Rezone the severed lots from Rural (RU) to Rural Residential (RR) and Rural Residential Special - 26 (RR-26) Conforms no action required Muskoka Official Plan Designated Rural Conforms no action required 14. The property is currently zoned Rural (RU) according to Comprehensive Zoning By-law 2016-088 with an Environmental Protection Wetland (EPW1) zone reflecting an existing wetland on the retained parcel. The zoning is not proposed to change for the retained lot. 15. The Rural (RU) Zone permits: Agricultural Uses, Forestry Operations, Detached Dwelling Unit, Bed and Breakfast Establishment, Group Home A, Hens (Backyard), Hobby Farm, Home Industry, Home Occupation, Hunt Camp, Market Garden, Second Dwelling Unit, Boarding Kennels, Veterinary Clinic and Woodland Retreat. 16. The Environmental Protection Wetland (EPW1) zone does not permit any new structures and the Comprehensive Zoning By-law requires structures to be setback a minimum of 30 metres (98.4 feet) from the EPW1 zone. 17. The zoning amendment application would rezone the severed parcels as follows: 17.1. Severed lot #1, as identified on Appendix D, is proposed to be rezoned to Rural Residential (RR); and 17.2. Severed lots # 2 & 3, as identified on Appendix D, are proposed to be rezoned to Rural Residential Special - 26 (RR-26), which will permit all uses in the Rural Residential (RR) zone with a provision to permit the minimum lot area to be 1.8 hectares (4.4 acres). 4
Staff Report PD007-17 Page: 3 18. The Rural Residential (RR) zone permits: Detached Dwelling; Bed and Breakfast Establishment; Backyard Hens; Group Home A ; Hobby Farm; Home Industry; Home Occupation and Second Dwelling Unit. 19. The Rural Residential (RR) zone requires new lots to have a minimum lot frontage of 90 metres (295 feet) and a minimum lot area of 2 hectares (4.9 acres). 20. In reviewing the Town of Bracebridge s Official Plan Appendix A Environmental Features and Constraints Mapping and the District of Muskoka Constraint Web Mapping, there is an identified wetland on the property, as well as some slopes. 21. The subject lands are located within the Rural Area Countryside Designation in the Town of Bracebridge Official Plan. 22. Under the Land Use Concept in Section A3.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 22.1. In Section A3.3, the Rural Area designation includes lands outside of the Urban Centre, Waterfront Area and Muskoka Falls Community designations. The Rural Area designation contains expansive undeveloped areas which provide opportunities for space extensive resource, recreational uses, small scale commercial and industrial uses and low density residential development. Many significant natural, environmentally sensitive and wildlife habitat areas exist within this designation. 23. Under the Principles in Section A6.0 of the Town of Bracebridge Official Plan, the following principles would be relevant to the application: 23.1. In Section A6.2.2, Bracebridge has historically been a community with urban, rural, and waterfront development areas that cater to people who wish to live in a small community or in a rural or waterfront environment. This trend will be supported to satisfy the lifestyle demands of a wide variety of individuals, however to ensure efficient and cost effective use of municipal services there will be an emphasis on directing growth to the Urban Centre; 23.2. In Section A6.3.1, permanent residential and Employment Area growth will generally be directed to the Urban Centre on full municipal services. Limited development in the Waterfront, Rural Areas and Muskoka Falls Community designations will be permitted that maintains the character of those areas of the Town; and 23.3. In Section A6.3.5, the Rural area will continue to support a mix of natural areas, resource production opportunities, low density residential uses, small scale commercial, industrial and community facility or space extensive uses that are compatible with the rural land uses and by their nature are required to be located in the Rural Area. 24. Under the Goals and Objectives in Section A7.0 of the Town of Bracebridge Official Plan, the following goals and objectives would be relevant to the application: 24.1. In Section A7.2.2.6, it is an objective to provide the present and future residents of the Town a full range of housing types and densities to meet projected demographic and market requirements in a manner that supports the overall goal of mixed uses, visual attractiveness, and safe accessible active transportation connectivity; 24.2. In Section A7.2.2.9, it is an objective to allow a limited amount of permanent residential and Employment Area growth in the Muskoka Falls Community and the Rural Area that maintains the character of the area; 5
Staff Report PD007-17 Page: 4 24.3. In Section A7.9.1.1, it is the goal of this Plan to protect and maintain the character of the Rural Area; 24.4. In Section A7.9.2.1, it is an objective to permit development that would not negatively impact natural areas in the Rural Area; and 24.5. In Section A7.9.2.2, it is an objective to limit development that would adversely impact existing rural land uses. 25. Under the Steep Slopes policies in Section B9.4 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 25.1. Where development is proposed on slopes over 20%, vegetation must be substantially retained on slopes, before and after construction, particularly those adjacent to a shoreline, ridgeline, in areas where there is minimal soil or areas of unstable soils or potential erosion. Where vegetation cannot be substantially retained, a Site Evaluation Report shall be required. 26. Under the Land Use Compatibility policies in Section B15.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 26.1. In Section B15.1, new development or use of land shall be compatible with: 26.1.1. Other legal land uses in the vicinity so as to ensure the continued operation of such uses and to allow expansion where feasible and appropriate to such uses; and 26.1.2. The type and character of the area in which the use is being proposed. 27. Under the Minimum Distance Separation policies in Section B16.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 27.1. All new developments shall comply with the applicable Minimum Distance Separation (MDS I or MDS II) as established by the Province. 28. Under the Rural Area policies in Section E1.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 28.1. In Section E1.1.1, the Rural Area designation consists of all lands in the Town that are not in the Urban Centre, Waterfront Area or Muskoka Falls Community designations; and 28.2. In Section E1.1.2, the Rural Area designation contains expansive undeveloped areas which provide opportunities for space extensive resource, recreational use, small scale commercial and industrial uses and low density residential development. The rural areas are characterized by large lots, low density well separated development patterns and modest infrastructure. Remnants of the historic settlement pattern including clusters of houses and small scale schools and places of worship may still be seen in the rural area. Together these elements define the rural character of Bracebridge. 29. Under the Rural Area Countryside Designation policies in Section E2.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 29.1. In Section E2.1.1, the purpose of the Rural Area Countryside designation is to permit development that recognizes the rural character of the Town and has minimal negative impacts on the natural environment; 6
Staff Report PD007-17 Page: 5 29.2. In Section E2.2.1, to ensure that development is sustainable and has minimal negative impacts on the existing environment; 29.3. In Section E2.2.2, to encourage the preservation of existing agricultural lands and promote agricultural activities; 29.4. In Section E2.2.3, to minimize the impacts of new development on existing agricultural, forestry and aggregate operations and their ability to expand; 29.5. In Section E2.3.1, land uses permitted in the Rural Area Countryside designation are generally space extensive resource based activities; 29.6. In Section E.2.3.2, permitted uses in the Rural Area Countryside designation include traditional resource based uses such as forestry, agriculture, and small scale (Class B) pits and accessory uses. Limited low density residential development, bed and breakfast establishments, and home businesses shall also be permitted. Small scale community facilities, rural industrial and commercial uses, recreational camps, wilderness tourist facilities and hunt camps shall also be permitted subject to the policies of this plan; 29.7. In Section E2.4.1, limited residential uses, small scale industrial, commercial and community facility and space extensive development, which by their nature are required to be located in the Rural Area Countryside designation, may be permitted that is in conformity with this Plan by protecting and maintaining the natural environment and the character of the Town; 29.8. In Section E2.4.3, agricultural lands in Bracebridge present the opportunity to provide local agricultural products to consumers and are important components of the character and economy of rural Bracebridge. It is the policy of this Plan to encourage the continued production and preservation of agricultural lands and discourage land uses that would reduce the production capability of agricultural lands; 29.9. In Section E.2.4.9, development may occur through the development of existing vacant building lots, and through limited rural lot creation subject to the following: 29.9.1. the new lot conforms to the Subdivision of Land policies of this Plan; 29.9.2. the severed and retained lots shall have a minimum frontage of 90 metres and a minimum area of 2.0 hectares; 29.9.3. additional lot frontage may be required to meet minimum frontage standards of Muskoka Roads or Provincial Highways; 29.9.4. the new lot line does not divide a natural feature including a stream or wetland and is situated an appropriate distance from such natural features; and 29.9.5. the new lots shall have frontage on a year round municipally maintained road. 29.10. In Section A8.0, where this Plan indicates specific numerical figures, minor variations from those numerical requirements in this Plan may be permitted without an Official Plan amendment, provided the principles and intent of the Plan are maintained. 7
Staff Report PD007-17 Page: 6 30. Under the General Transportation policies in Section I3.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 30.1. In Section I3.2.1 regarding the West and North Transportation Corridors, Schedule C1, Transportation Plan, shows the future alignment for the Bracebridge West Transportation Corridor. The final alignment of the corridor will be established through an approved Class Environmental Assessment. The approved alignment will be deemed to comply with this Plan. While no specific time frame is proposed for the construction of the arterial road, the corridor will be protected from incompatible development and integrated into any development proposals along its route. 31. The District of Muskoka Official Plan designates the subject properties as Rural which permits low density development areas in addition to resource and wildlife management and recreation. Rural lots should be of sufficient size to accommodate the use proposed, related structural requirements and private individual services. 32. The Provincial Policy Statement (PPS) recognizes that rural areas are important to the economic success of the Province and our quality of life, and limited residential development is permitted that is compatible with the rural landscape and can be sustained by rural service levels. 33. It is staff s opinion that the zoning amendment conforms to the Official Plan of the Town of Bracebridge, conforms to the Official Plan of the District of Muskoka, is consistent with the Provincial Policy Statement, is appropriate and represents good planning. 34. Initial comments from other Town Departments and outside agencies based on current information are as follows: Department/Agency Comment 34.1. Chief Building Official No concerns with the application. 34.2. Public Works Department No concerns with the application. Road widenings were required as conditions of consent. 34.3. Fire Chief No concerns with the application. 34.4. Manager of Economic Development No concerns with the application. 34.5. District of Muskoka No concerns with the application. Recommend the Town request 5 metre road widening for the North End Corridor for Part of Lot 6, Concession 4, Monck South Ward. Town staff would note this was imposed as a condition of severance. 34.6. Lakeland Power No concerns with the application. 34.7. Ministry of Transportation No concerns with the application. 34.8. Other Agencies No comments have been received from Canada Post, Hydro One, the Ministry of Municipal Affairs and Housing, Infrastructure Ontario, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, Union Gas, TransCanada Pipeline Ltd. or MPAC. 8
Staff Report PD007-17 Page: 7 35. Staff are recommending the approval of the zoning amendment as recommended in Appendix A for the following reasons: 35.1. The proposed zoning amendment will allow the creation of three new lots in the rural area for residential purposes and low density residential development is permitted within the Rural Area Countryside Designation in the Town s Official Plan; 35.2. It is a condition of the severance approval granted by the Committee of Adjustment for Consents that the property be rezoned as proposed in this zoning amendment; 35.3. The Official Plan allows for minor variations in lot sizes which, in this case, permits the agricultural land on the larger retained parcel to remain intact; and 35.4. The proposed lots are suitable for rural residential development. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 36. The zoning amendment is well aligned with the community-based strategic plan objectives: An Engaged Healthy and Socially Sustainable Community 37. The zoning amendment is in keeping with the Community Based Strategic Plan as it will aid in creating an engaged healthy and socially sustainable community by offering a diversified range of housing. LINKAGE TO COUNCIL PRIORITIES 38. The zoning amendment supports an Engaged, Healthy and Socially Sustainable Community which has been identified by Council as a 2014-2018 priority area. The zoning amendment helps to support this priority by offering a diversified range of housing. ALTERNATIVE 39. The following alternative is available for Committee s consideration: Alternative #1 The Committee could decide that the zoning amendment is not appropriate. This alternative is not recommended as the proposal conforms to the policies of the Town of Bracebridge Official Plan. EXISTING POLICY 40. Town of Bracebridge Official Plan, 2013. 41. Town of Bracebridge Comprehensive Zoning By-law 2016-088, as amended. FINANCIAL IMPLICATIONS 42. The zoning amendment will facilitate building permit and development charge revenue for the Town in the future. 9
Staff Report PD007-17 Page: 8 COMMUNICATIONS 43. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. 44. Notice of the public meeting for the proposed zoning by-law amendment was sent on January 26 th, 2017 by first class mail to the respective owners and assessed persons within 120 metres (400 feet) of the property and to the prescribed agencies in accordance with the regulations under the Planning Act. 45. The notice included the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. The notice was provided at least 20 days prior to this evening s meeting in accordance with the Planning Act. 46. Two signs providing Notice of the Public Meeting were posted on the property on January 26 th, 2017. The signs were located to be clearly visible from a public road in accordance with the regulations under the Planning Act. The signs included information regarding the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. 47. If the zoning amendment is approved by Council on February 22 nd, a Notice of Passing will be mailed within 15 days (by March 9 th ) by first class mail to the respective owners and assessed persons within 120 metres (400 feet) of the property and to the prescribed agencies in accordance with the regulations under the Planning Act. Within 20 days of the mailing of the Notice of Passing, the by-law can be appealed to the Ontario Municipal Board. Prepared By: Approved by: Approved for Submission to Planning and Development Committee By: M. Holmes Manager of Planning Services Ext. 258 A. Ghikadis MCIP, RPP Senior Planner Ext. 254 C. Kelley, MCIP, RPP, Director of Planning and Development Ext. 253 J. Sisson Chief Administrative Officer Ext. 229 10
Staff Report PD007-17 Page: 9 APPENDIX A Draft By-law 11
Staff Report PD007-17 Page: 10 12
Staff Report PD007-17 Page: 11 APPENDIX B Location of Subject Property 13
Staff Report PD007-17 Page: 12 APPENDIX C Aerial Photography 14
Staff Report PD007-17 Page: 13 APPENDIX D Conditionally Approved Lot Configuration 15
Staff Report PD007-17 Page: 14 APPENDIX E Surrounding Zoning 16
Staff Report PD008-17 Page: 1 TO: FROM: SUBJECT: Councillor C. Wilson, Chair and Members of Planning and Development Committee M. Holmes, Manager of Planning Services A. Ghikadis, Senior Planner Rezoning Application D14-02/17 (Peter Stanley Cross, William Robert Cross & Mary Elizabeth Tell) RECOMMENDATION 1. That the property described as Part of Lot 6, Concession 13, Muskoka North Ward of the Town of Bracebridge be rezoned from Rural (RU) in part to Environmental Protection One (EP1) in part and to Rural Special 53 (RU-53) in part as attached to Appendix A in staff report PD008-17. ORIGIN 2. A zoning amendment application was received from the property owners of the subject lands which are legally described as Part of Lot 6, Concession 13, Muskoka North Ward of the Town of Bracebridge. 3. A map showing the location of the subject lands is attached as Appendix B. 4. An aerial photography map of the subject lands identifying the severed and retained parcels is attached as Appendix C. 5. Conditional severance approval was granted for Application D10-19/16 by the Committee of Adjustment for Consents in November of 2016. The purpose of the severance application was to create a 4 hectare (10 acre) parcel which is proposed to be donated to the Muskoka Conservancy. 6. One of the conditions of severance was that the severed lot be rezoned to Environmental Protection One (EP1) and the frontage of the retained lot be recognized. A zoning amendment application is required to rezone the property to address the condition of severance. 7. The subject property is a total of approximately 18 hectares (44.5 acres) with approximately 60 metres (200 feet) of frontage on Henry Road. 8. The severed parcel which is proposed to be donated to the Muskoka Conservancy is approximately 4 hectares (10 acres) with no road frontage however the parcel does front on an original road allowance along the east and south boundaries of the parcel. 9. The retained parcel is approximately 13.9 hectares (34.5 acres) with approximately 60 metres (200 feet) of frontage on the year round maintained portion of Henry Road. 10. The subject property is currently vacant. The retained lands are relatively level, are heavily vegetated with mature mixed forest and contain suitable building and septic sites. 11. The severed lands consist primarily of an open meadow with a watercourse that drains to the Muskoka River from the Henry Marsh located to the south of the property. There is also some upland mature forest at the north portion of the severed. 17
Staff Report PD008-17 Page: 2 12. The property is adjacent to the Strawberry Point Trail which runs along the southern boundary of the lot. There is also a connecting section of the trail which runs along the eastern boundary of the property to Henry Road. 13. Surrounding lands include shoreline residential dwellings fronting on Beaumont Drive, vacant rural parcels, and the Henry Marsh which is located on a parcel to the south that is part of the proposed Muskoka Royale development. 14. A map showing the current surrounding zoning can be found in Appendix D. ANALYSIS 15. The following table provides a summary of the Official Plan designation, the zoning of the property and the action requested or required to be taken: Policy/Regulation Current Status Requested/Required Zoning By-law 2016-088 Town Official Plan Zoned Rural (RU) in part and Environmental Protection Wetlands (EPW1) in part Designated Countryside within the Rural Area designation Rezone from Rural (RU) to Environmental Protection One (EP1) in part and Rural Special 53 (RU-53) in part Conforms no action required Muskoka Official Plan Designated Rural Conforms no action required 16. The property is currently zoned Rural (RU) with some Environmental Protection Wetland (EPW1) zoning in recognition of the existing wetlands on the property. The EPW1 zoning will not change as a result of this application. 17. A Rural (RU) zoned lot of this size is permitted resource related uses such as Agricultural Uses and Forestry Operations, as well as a Detached Dwelling Unit, Bed and Breakfast Establishment, Group Home A, Hobby Farm, Home Industry, Home Occupation, Boarding Kennels, Veterinary Clinic and Woodland Retreat. 18. The (EPW1) Zone only permits existing buildings or structures, of which there are none currently existing. The zoning by-law also contains a provision which requires all buildings or structures to be setback a minimum of 30 metres (98.4 feet) from any EPW1 zone. 19. The proposed zoning by-law, attached as Appendix A would amend Comprehensive Zoning Bylaw 2016-088 by rezoning the conditionally approved severed parcel to Environmental Protection One (EP1) and by rezoning the conditionally approved retained parcel to Rural Special 53 (RU- 53). 20. The Environmental Protection One (EP1) zone proposed for the severed lot permits structures for flood or erosion control. 21. The Rural Special 53 (RU-53) zone proposed for the retained lands recognizes the existing frontage of the property. The subject property, as it currently exists, is considered a building lot because the lot existed legally prior to the by-law enactment date even though it does not have the minimum frontage currently required in a Rural (RU) zone. However, as the lot dimensions are changing through the severance process, it is necessary to recognize the existing lot frontage. 18
Staff Report PD008-17 Page: 3 22. In reviewing the Town of Bracebridge s Official Plan Appendix A Environmental Features and Constraints Mapping and the District of Muskoka Constraint Web Mapping, there are some identified wetlands and watercourses on the property. 23. The subject lands are located within the Countryside Designation within the broader Rural Area Designation in the Town of Bracebridge Official Plan. 24. Under the Land Use Concept in Section A3.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 24.1 In Section A3.3, the Rural Area designation includes lands outside of the Urban Centre, Waterfront Area and Muskoka Falls Community designations. The Rural Area designation contains expansive undeveloped areas which provide opportunities for space extensive resource, recreational uses, small scale commercial and industrial uses and low density residential development. Many significant natural, environmentally sensitive and wildlife habitat areas exist within this designation. Public lands in the Rural Area designation are generally recognized by the Open Space designation. 25. Under the Principles in Section A6.0 of the Town of Bracebridge Official Plan, the following principles would be relevant to the application: 25.1 In Section A6.3.5, the Rural area will continue to support a mix of natural areas, resource production opportunities, low density residential uses, small scale commercial, industrial and community facility or space extensive uses that are compatible with the rural land uses and by their nature are required to be located in the Rural Area; 25.2 In Section A6.5.1, the health and integrity of the natural environment, which is one of the Town s most valuable resources, will be protected; and 25.3 In Section A6.6.1.2, a healthy natural environment will provide many ecological, social and economic benefits that will help to sustain the quality of life in the Town. The economic health of the Town depends upon the health of the natural environment, and recognizing that people live in and form part of this ecosystem. The community will sustain its urban/nonurban balance through managed growth and appropriate land uses; development of an intensified Urban Centre that is connected by active transportation corridors such as off-street bicycle paths and walking trails, and planning for future public transit; energy efficiency; and promoting the natural environment and healthy lifestyles. 26. Under the Goals and Objectives in Section A7.0 of the Town of Bracebridge Official Plan, the following goals and objectives would be relevant to the application: 26.1 In Section A7.2.2.9, an objective is to allow a limited amount of permanent residential and Employment Area growth in the Muskoka Falls Community and the Rural Area that maintains the character of the area; 26.2 In Section A7.3.2.3, an objective is to encourage the protection of the Town s natural attributes, such as its rural character, water quality of its lakes and rivers as well as other natural environmental features in order to ensure that the recreational and tourism uses that rely upon these attributes continue to thrive; 26.3 In Section A7.4.2.1, an objective is to preserve wetlands and protect adjacent lands to maintain the ecological function of the wetland, where appropriate; 26.4 In Section A7.4.2.2, an objective is to protect water quality and hydrogeological characteristics of watercourses, lakes, aquifers, wetlands and water recharge areas; 19
Staff Report PD008-17 Page: 4 26.5 In Section A7.9.1.1, it is the goal of this Plan to protect and maintain the character of the Rural Area; 26.6 In Section A7.9.2.1, an objective is to permit development that would not negatively impact natural areas in the Rural Area; and 26.7 In Section A7.9.2.2, an objective is to limit development that would adversely impact existing rural land uses. 27. Under Property Access in Section B 19.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 27.1 Development shall front on and have access from a year round publicly maintained road where approvals have been or may be obtained from the road authority having jurisdiction with the exception of the following: 27.1.1. Where development is in the Rural Area Countryside designation, lands that do not have frontage on such road shall be limited in use to resource management, extraction and harvesting uses. 28. Under the Rural Area policies in Section E1.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 28.1 In Section E1.1.1, the Rural Area designation consists of all lands in the Town that are not in the Urban Centre, Waterfront Area or Muskoka Falls Community designations; and 28.2 In Section E1.1.2, the Rural Area designation contains expansive undeveloped areas which provide opportunities for space extensive resource, recreational use, small scale commercial and industrial uses and low density residential development. The rural areas are characterized by large lots, low density well separated development patterns and modest infrastructure. Remnants of the historic settlement pattern including clusters of houses and small scale schools and places of worship may still be seen in the rural area. Together these elements define the rural character of Bracebridge. 29. Under the Rural Area Countryside Designation policies in Section E2.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 29.1 In Section E2.1.1, the purpose of the Rural Area Countryside designation is to permit development that recognizes the rural character of the Town and has minimal negative impacts on the natural environment; 29.2 In Section E2.2.1, an objective is to ensure that development is sustainable and has minimal negative impacts on the existing environment; 29.3 In Section E.2.2.6, an objective is to protect and promote resource based recreational and tourist uses and activities that are compatible with the environment and surrounding land uses; 29.4 In Section E2.3.1, land uses permitted in the Rural Area Countryside designation are generally space extensive resource based activities; and 20
Staff Report PD008-17 Page: 5 29.5 In Section E.2.3.2, permitted uses in the Rural Area Countryside designation include traditional resource based uses such as forestry, agriculture, and small scale (Class B) pits and accessory uses. Limited low density residential development, bed and breakfast establishments, and home businesses shall also be permitted. Small scale community facilities, rural industrial and commercial uses, recreational camps, wilderness tourist facilities and hunt camps shall also be permitted subject to the policies of this plan. 30. Under the Non-Complying Buildings, Structures or Lots policies in Section J9.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 30.1 In Section J9.4, a non-complying lot in existence prior to the effective date of the Implementing Zoning By-law that does not meet the lot area and/or lot frontage requirements contained within the Implementing Zoning By-law, may be used and buildings thereon may be erected, enlarged, repaired or renovated provided the use conforms with the applicable policies of this Plan and the Implementing Zoning By-law, and the buildings or structures comply with all of the other provisions of the Implementing Zoning By-law. 31. The District of Muskoka Official Plan designates the subject properties as Rural which permits resource management, wildlife management, recreation and low density development. Rural lots should be sized and designed where appropriate to facilitate resource management practices. 32. The Provincial Policy Statement (PPS) recognizes that rural areas are important to the economic success of the Province and our quality of life, and states the importance of leveraging rural assets and protecting the environment as a foundation for a sustainable economy. Limited residential development is permitted. 33. It is staff s opinion that the proposed zoning amendment conforms to the Official Plan of the Town of Bracebridge, conforms to the Official Plan of the District of Muskoka, is consistent with the Provincial Policy Statement, is appropriate and represents good planning 34. Initial comments from other Town Departments and outside agencies based on current information are as follows: Department/Agency Comment 34.1 Chief Building Official No concerns with the application. 34.2 Public Works Department No concerns with the application. Land owner will be required to obtain an entrance permit from the Public Works Department upon development of the lands. 34.3 Fire Chief No concerns with the application. 34.4 Manager of Economic Development No concerns with the application. 34.5 District of Muskoka No concerns with the application. 34.6 Ministry of Transportation No concerns with the application. 34.7 Lakeland Power No concerns with the application. 21
Staff Report PD008-17 Page: 6 Department/Agency Comment 34.8 Other Agencies No comments have been received from Canada Post, Hydro One, Ministry of Municipal Affairs, Infrastructure Ontario, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, TransCanada Pipeline Ltd., Union Gas or MPAC. 35. Staff are recommending the approval of the zoning amendment in Appendix A for the following reasons: 35.1 The zoning amendment will fulfill a condition of severance imposed by the Committee of Adjustment for Consents; 35.2 By rezoning the severed lands being donated to the Muskoka Conservancy, to Environmental Protection One (EP1), it confirms the intended use of the property; 35.3 By rezoning the retained lands and recognizing the existing road frontage, it confirms it as a building lot, as it currently is today; and 35.4 Existing identified wetlands on the property will continue to be protected and zoned through the existing Environmental Protection Wetland (EPW1) zone. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 36. The zoning amendment is well aligned with the community-based strategic plan objectives: A Green, Mindful and Environmentally Sustainable Community 37. The zoning amendment is in keeping with the Community Based Strategic Plan as it will aid in creating a Green, Mindful and Environmentally Sustainable Community by facilitating the transfer of an environmentally sensitive block of land. LINKAGE TO COUNCIL PRIORITIES 38. The zoning amendment supports A Green, Mindful and Environmentally Sustainable Community which has been identified by Council as a 2014-2018 priority area. The zoning amendment helps to support this priority through proactive environmental management and protection. ALTERNATIVE 39. The following alternative is available for Committee s consideration: Alternative #1 The Committee could decide that the zoning amendment application is not appropriate. This alternative is not recommended as the zoning amendment conforms to the Town of Bracebridge Official Plan. EXISTING POLICY 40. Town of Bracebridge Official Plan, 2013. 41. Town of Bracebridge Comprehensive Zoning By-law 2016-088. 22
Staff Report PD008-17 Page: 7 FINANCIAL IMPLICATIONS 42. The zoning amendment will facilitate building permit and development charge revenue for the retained lot in the future. COMMUNICATIONS 43. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. 44. Notice of the public meeting for the proposed zoning by-law amendment was sent January 26 th, 2017 by first class mail to the respective owners and assessed persons within 120 metres (400 feet) of the property in accordance with the regulations under the Planning Act. 45. The notice included the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. The notice was provided at least 20 days prior to this evening s meeting in accordance with the Planning Act. 46. A sign providing Notice of the Public Meeting was posted on the property on January 26 th, 2017. The sign was located to be clearly visible from a public road in accordance with the regulations under the Planning Act. The sign included information regarding the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. 47. If the zoning amendment is approved by Council on February 22 nd, a Notice of Passing will be mailed within 15 days (by March 9 th ) by first class mail to anyone who requests notice and to the owner, agent and prescribed agencies in accordance with the regulations under the Planning Act. Within 20 days of the mailing of the Notice of Passing, the by-law can be appealed to the Ontario Municipal Board. Prepared By: Approved by: Approved for Submission to Planning and Development Committee By: M. Holmes Manager of Planning Services Ext. 258 C. Kelley, MCIP, RPP, Director of Planning and Development Ext. 253 J. Sisson Chief Administrative Officer Ext. 229 A. Ghikadis MCIP, RPP Senior Planner Ext. 254 23
Staff Report PD008-17 Page: 8 APPENDIX A Draft Zoning By-law 24
Staff Report PD008-17 Page: 9 25
Staff Report PD008-17 Page: 10 APPENDIX B Location of Subject Lands 26
Staff Report PD008-17 Page: 11 APPENDIX C Aerial Photography 27
Staff Report PD008-17 Page: 12 APPENDIX D Surrounding Zoning 28
Staff Report PD009-17 Page: 1 TO: FROM: SUBJECT: Councillor C. Wilson, Chair and Members of Planning and Development Committee A. Ghikadis, Senior Planner M. Holmes, Manager of Planning Services Rezoning Application D14-03/17 Castle Peak Retirement Residence Inc. RECOMMENDATION 1. That the property described as Part of Lot 2, Concession 4, Macaulay Ward, of the Town of Bracebridge, being Parts 2 to 4, Plan 35R-5308 be rezoned from Residential Type 1 (R1) to Institutional Holding (I-H) as attached in Appendix A to Staff Report PD009-17. 2. That further notice is not required pursuant to Section 34(17) of the Planning Act. ORIGIN 3. A zoning amendment application has been received from Castle Peak Retirement Residence Inc., the owners of property located at 48 Douglas Drive, and legally described as Part of Lot 2, Concession 4, Macaulay Ward, of the Town of Bracebridge, being Parts 2 to 4, Plan 35R-5308. 4. A map showing the location of the subject lands is attached as Appendix B. 5. An aerial photograph of the subject property is attached as Appendix C. 6. A zoning amendment application is required to rezone the property to an Institutional zone which will permit the future expansion of the adjacent Castle Peak Retirement Residence to this property. 7. The subject property has a total lot area of approximately 0.8 hectares (2 acres) with approximately 60 metres (200 feet) of frontage on Douglas Drive. 8. The subject property currently contains a single detached dwelling and is level and open with some areas of mature trees around the edges of the property. There is a drainage course that runs along the side of the property. 9. Surrounding uses are detached dwellings to the west, north and east on Douglas Drive, and detached dwellings to the south and east within the Mattamy subdivision. Applications for 41 single detached dwellings are currently in progress two properties to the west. Across Douglas Drive are row dwellings located on Little Ryan s Way. On a broader scale, the Sportsplex, high school and theatre complex are located further east within the Mattamy subdivision. 10. A map showing the existing zoning and the current surrounding zoning is attached as Appendix D. 29
Staff Report PD009-17 Page: 2 ANALYSIS 11. The following table provides a summary of the Official Plan designation and zoning of the property and action requested or required to be taken: Policy/Regulation Current Status Requested/Required Zoning By-law 2016-088 Residential Type 1 (R1) To rezone the property to Institutional Holding (I-H) Town Official Plan Designated Residential within the Urban Centre Conforms no action required Muskoka Official Plan Designated Urban Conforms no action required 12. The subject property is currently zoned Residential Type 1 according to Comprehensive Zoning By-law 2016-088. The Residential Type 1 (R1) permits a Detached Dwelling, Group Home A, Home Occupation, Bed & Breakfast, Second Dwelling Unit and Backyard Hens. 13. The proposed zoning by-law would amend Comprehensive Zoning By-law 2016-088 by rezoning the subject lands to Institutional - Holding (I-H) which permits only the existing uses until the Holding Symbol is removed by By-law at which time the permitted uses are all those uses in the Institutional (I) zone including: Arena, Assembly Hall, Cemetery, Day Nursery, Dormitory, Emergency Service Depot, Fitness Centre (accessory use only), Hospital, Library, Long-Term Care Home, Place of Worship, Public Housing, Public Office, Public Works Yard, Recreational Facilities, Retirement Home and School. The Holding Symbol may be removed once a Servicing Agreement has been entered into with the District of Muskoka. 14. The Institutional (I) Zone requires a minimum setback of 7.5 metres (24.6 feet) from all lot lines, permits a maximum lot coverage of 50%, a maximum height of 10.5 metres (34.4 feet) and requires a minimum of 30% of the lot to be landscaped area. There has been no request for relief from any of the required zoning provisions. 15. A visual barrier is required to the abutting Residential zones located to the west and south and according to Section 4.23.1 of Comprehensive Zoning By-law 2016-088, such visual barrier shall act as a screen between uses and be constructed to a minimum height in accordance with the requirements of this Section of the By-law and shall consist of the following: 15.1. A free standing wall, fence; or 15.2. A continuous unpierced planting of suitable trees or shrubs, together with a reserved width of planting area appropriate for healthy plant growth; or 15.3. Any combination of the above. 16. In reviewing the Town of Bracebridge s Official Plan Appendix A Environmental Features and Constraints Mapping and the District of Muskoka Constraint Web Mapping, there are no identified constraints to development. 17. The subject lands are located within the Residential Designation within the broader Urban Centre Designation in the Town of Bracebridge Official Plan. 30
Staff Report PD009-17 Page: 3 18. Under the Land Use Concept in Section A3.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 18.1. In Section A3.1, the Urban Centre designation identifies the major settlement area in the Town. This area contains the necessary public infrastructure to enable it to be the major service centre for the surrounding waterfront and rural areas. To promote the efficient use of land and infrastructure as well as to reinforce the character and function of the Urban Centre, the majority of permanent residential and Employment Area growth shall be directed to this area, unless the use is more appropriate in another designation due to land requirements or the nature of the use. In the Urban Centre designation there are a series of more specific land use designations that recognize commercial, industrial, open space, natural heritage and residential land uses. 19. Under the Vision in Section A5.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: i) It is the vision of the Town to enrich the social, cultural, economic and natural environments and success in this vision will be achieved in Section A5.1vii) by increasing the non-residential tax base through business expansion and attraction. 20. Under the Principles in Section A6.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 20.1. In Section A6.3.4, within the Urban Centre, municipal water and waste water treatment services required for growth shall be provided on a cost effective basis minimizing capital, operating and maintenance costs while allowing for a diversity of development. On this basis, services will be directed to development which results in its efficient and cost effective use and has been identified as necessary to meet projected growth demands; 20.2. In Section A6.6.1.1, the creation and retention of a spectrum of jobs are a priority for the Town and will be based on growth that is managed and appropriate in order to protect the quality of life and the unique mix of amenities available to residents and visitors. Policies shall strike a balance between recruiting new businesses, retaining and growing existing businesses, and developing the required infrastructure and community amenities to attract growth while protecting the natural environment; and 20.3. In Section A6.6.1.3, health, wellness, healthcare and social services are important to all residents and they are also key determinants of the economic, social and environmental fabric of the Town. Building a healthier community is beyond the mandate of any individual or agency. Rather, it results from varied partners contributing to developing active transportation systems, safe workplaces, clean environments, innovative technologies and attracting additional professionals to the Town. The capacities and capabilities of health, wellness, healthcare and social services are essential building blocks to a healthy community for the benefit of those who live and work in the Town. Residents need access to these services. 21. Under the Goals and Objectives in Section A7.0 of the Town of Bracebridge Official Plan, the following goals and objectives would be relevant to the application: 21.1. In Section A7.3.1.1, it is the goal of this Plan to develop a vibrant, prosperous and economically sustainable community that will provide new and continuing employment growth and opportunities; 31
Staff Report PD009-17 Page: 4 21.2. In Section A7.3.2.7, to recognize the employment benefits associated with new and expanding institutional, medical and educational facilities in the Town; 21.3. In Section A7.3.2.9, to encourage appropriate employment opportunities in proximity to residential areas to support increased opportunities for interaction and active transportation connectivity; 21.4. In Section A7.3.2.10, to promote commercial, industrial and institutional development in a manner that will broaden, strengthen and diversify the economic base of the Town in a visually attractive and environmentally sound manner; 21.5. In Section A7.3.2.11, to maintain and strengthen the commercial, industrial and institutional bases of the Town, while ensuring a varied economy with appropriate flexibility to accommodate changes in these sectors to serve the needs of the residents of the Town, adjacent communities, and the traveling and vacationing public; 21.6. In Section A7.5.1, it is the goal of this Plan to make efficient use of, and improve access to, existing community facilities, and to appropriately site new facilities; 21.7. In Section A7.5.2.1, to maximize the use of, and provide a wide and varied range of accessible open space areas, recreational, institutional, educational and cultural facilities that are in close proximity to the population they serve; 21.8. In Section A7.8.2.3, to ensure that the character of established neighbourhoods and the Central Business District is maintained by requiring that new development and redevelopment is compatible with the character of existing areas; 21.9. In Section A7.8.2.5, to ensure that appropriate servicing is available to support new development in an efficient and effective manner; and 21.10. In Section A7.8.2.7, to promote the integration of institutional facilities into the existing community. 22. Under the Community Facilities policies in Section B7.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 22.1. In Section B7.1, Community Facilities are defined as uses with the primary purpose of serving the education, health and social needs of the community and shall include among other uses, Nursing homes and homes for the aged; 22.2. In Section B7.2, Community Facilities shall be permitted within all land use designations in the Urban Centre, subject to the provisions of the Zoning By-law, and provided the use is, or can be made, compatible with surrounding uses, adequate parking facilities are provided to accommodate the use, and the use is adequately buffered from any surrounding residential uses; 22.3. In Section B7.3, Community Facilities shall be encouraged, where appropriate, to be located where they can be accessed through an active transportation network; and 22.4. In Section B7.5, Community Facilities shall generally be located in proximity to arterial and collector roads, with Douglas Drive being a Municipal Year Round Road, Manitoba Street being an arterial road and Clearbrook Trail being a Collector Road. 32
Staff Report PD009-17 Page: 5 23. Under the Land Use Compatibility policies in Section B15.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 23.1. In Section B15.1, new development or use of land shall be compatible with: 23.1.1. Other legal land uses in the vicinity so as to ensure the continued operation of such uses and to allow expansion where feasible and appropriate to such uses; and 23.1.2. The type and character of the area in which the use is being proposed. 23.2. In Section B15.2, Development shall occur in such a manner as to ensure compatibility with surrounding areas and between uses. In determining compatibility, the following factors shall be considered: 23.2.1. Off-street parking and loading areas shall be located in such a manner so as to minimize the impact on adjacent residential uses with respect to noise, traffic, emissions and visual appearance; 23.2.2. Outdoor storage shall be appropriate for the site and may be required to be screened, fenced, and/or provide a vegetative buffer and where possible, located to the rear of existing buildings; 23.2.3. The exterior lighting of any building or parking area shall be designed to deflect glare away from adjacent properties and shall be sensitive lighting; 23.2.4. Landscaping and vegetative buffers using native species should be used where appropriate to mitigate conflicts between uses; 23.2.5. An adequate separation distance or other suitable mitigation measures shall be implemented to protect sensitive land uses; and 23.2.6. The number and location of vehicular access points shall be limited to minimize disruption to traffic flows. 23.3. In Section B15.3, Development which requires parking areas shall meet the following criteria: 23.3.1. Parking areas will be established at a rate that will adequately service the related facilities subject to the provisions of the Zoning By-law; 23.3.2. Access points shall be limited in number and assigned in a manner which will minimize hazards to pedestrian and motor vehicle traffic in the immediate area; 23.3.3. Parking areas shall be adequately landscaped and where adjoining lower density residential uses, should be screened from view; and 23.3.4. Parking areas may be required to provide infrastructure for active transportation, such as bicycle racks. 33
Staff Report PD009-17 Page: 6 24. Under the Urban Centre policies in Section C1.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 24.1. In Section C1.1.2, the function of the Urban Centre is to accommodate a wide range of land uses that meet the needs of local residents, businesses and visitors. The Urban Centre provides a nucleus for a full range of residential, commercial, industrial and community facility uses at a density that will make the most efficient use of municipal services and infrastructure; and 24.2. In Section C1.2.5, the Urban Centre shall provide a broad range of activities, goods and services to meet the diverse needs of the permanent and seasonal population, work force, business and community facilities sectors, as well as those in the surrounding area, and tourists and visitors. 25. Under the Residential Designation policies in Section C3.0 of the Town of Bracebridge Official Plan, the following policy would be relevant to the application: 25.1. In Section C3.2.1, in areas designated Residential, a broad range of residential dwelling types at varying densities are permitted ranging from single unit structures to multiple unit structures. Uses compatible with, complementary to, and serving the primary residential use of the land such as community facilities, home occupations, convenience commercial and open space uses are permitted within the Residential designations. 26. The Implementation Section, J3.0, of the Town s Official Plan provides the ability for the Town to pass a By-law incorporating the use of the Holding (H) symbol in conjunction with any zone. A zoning by-law with a Holding (H) symbol restricts future uses until conditions for removing the Holding (H) symbol are met. 26.1. Section J.3.3. of the Official Plan provides a number of objectives that Council may achieve through the use of the holding (H) symbol as follows: 26.1.1. To ensure that adequate provision is made for urban (water and sewer) services, stormwater management, utilities, road infrastructure and access; 26.1.2. To facilitate good site plan design; 26.1.3. To ensure proper phasing of development; 26.1.4. To reduce processing times of development applications in areas where land assembly is a requirement of development; and 26.1.5. To ensure that agreements respecting the proposed land use or development are entered into. 26.2. An application must be submitted by the applicant for Council to remove the Holding Symbol by by-law. 34
Staff Report PD009-17 Page: 7 27. Under the Site Plan Control policies in Section J6.0 of the Town of Bracebridge Official Plan, the following policies would be relevant to the application: 27.1. In Section J6.2, Site Plan Control and agreements shall be utilized by the Town to ensure: 27.1.1. Safe, orderly and functional development; 27.1.2. Safety and efficiency of vehicular and pedestrian access; 27.1.3. Land use compatibility between new and existing development; 27.1.4. The provision of functional and attractive on site amenities and facilities such as landscaping, fencing and lighting to enhance the urban design policies of this Plan; 27.1.5. The provision, appropriate placement, and construction elements of required services such as driveways, parking, loading facilities and garbage storage and collection; 27.1.6. The preservation and enhancement of shoreline vegetation; 27.1.7. The provision of easements or grading and site alterations necessary to provide for public utilities and site drainage; 27.1.8. The proposed development is built and maintained as approved; and 27.1.9. Appropriate dark sky lighting is implemented. 27.2. In Section J6.3, the Town shall not approve a site plan agreement until the District Municipality of Muskoka, has been advised by the Town and afforded a reasonable opportunity to require the owner of the land to meet the District Municipality of Muskoka requirements where the District Municipality of Muskoka interests would be affected pursuant to the provisions of the Planning Act with respect to sanitary sewer or water services, solid waste disposal or for Muskoka Roads. 28. The District of Muskoka Official Plan notes that housing required to meet an aging population shall generally be located within Urban Centres in proximity to appropriate community services and facilities. 29. The Provincial Policy Statement (PPS) states that healthy, liveable and safe communities are sustained by: accommodating an appropriate range and mix of residential, employment, institutional (including long-term care homes) recreation and open space to meet long term needs; and by promoting cost effective development patterns and standards to minimize land consumption and servicing costs. 30. It is staff s opinion that the zoning amendment conforms to the Official Plan of the Town of Bracebridge, conforms to the Official Plan of the District of Muskoka, is consistent with the Provincial Policy Statement, is appropriate and represents good planning. 35
Staff Report PD009-17 Page: 8 31. Initial comments from other Town Departments and outside agencies based on current information are as follows: Department/Agency 31.1. Chief Building Official 31.2. Public Works Department Comment No concerns with the application. The high water table may be an issue for the design of the foundation and will require engineering. Douglas Drive has a rural road cross section which is provided with open ditches for road drainage and the drainage of the lands to the north, east and west of the subject property. The road drainage system has a low point located at the north west corner of the subject property, and from that location surface water is drained via an existing drainage course, across the subject property to the southerly boundary line at a point roughly 25 metres (82 feet) from the west property line. In order to ensure proper drainage of Douglas Drive it is recommended that an easement of sufficient width, as determined by the Director of Public Works, be provided to the Town of Bracebridge. If it is the intention of the applicant to move the existing drainage course, the applicant is required to obtain the necessary agency approvals and pay for all costs with the relocation to the satisfaction of the Director of Public Works. These matters will be dealt with at the Site Plan approval stage. 31.3. Fire Chief No concerns with the application. The property is located in an area with adequate fire protection. 31.4. Manager of Economic Development 31.5. District of Muskoka No concerns with the application. Recommend the by-law be amended to include a Holding (H) Symbol requiring a servicing agreement be entered into with the District of Muskoka to address capacity allocation and other servicing matters. A review of the species occurrence data provided by the Natural Heritage Information Centre (NHIC) has confirmed that the subject property may contain habitat for species at risk. Therefore, it is recommended that the Ministry of Natural Resources and Forestry (MNRF) be consulted to ensure that development of the subject lands will not have any negative impacts on species at risk habitat. 31.6. Ministry of Transportation No concerns with the application. 31.7. Other Agencies No comments received from Canada Post, Ministry of Municipal Affairs and Housing, Lakeland Power, Hydro One, Infrastructure Ontario, Simcoe Muskoka Catholic District School Board, Trillium Lakeland District School Board, Union Gas, TransCanada Pipeline Ltd., and MPAC. 36
Staff Report PD009-17 Page: 9 32. If the zoning amendment application is approved by Council, the next step would be the Site Plan Approval process. A Site Plan Amendment application would need to be approved by Council and an amending Site Plan Agreement would be required. The site plan will need to address a number of items including: 32.1. Retention of vegetation and potential planting of additional vegetation; 32.2. Buffering; 32.3. On-site parking; 32.4. Entrance location and design; 32.5. Fire route; 32.6. Snow storage; 32.7. Solid waste collection and storage; 32.8. Storm water management; 32.9. Drainage Easement; 32.10. Site Lighting; and 32.11. Servicing Agreement with the District of Muskoka. 33. Staff are recommending the approval of the zoning amendment as recommended in Appendix A for the following reasons: 33.1. The proposed zoning amendment will allow the expansion of an existing business which provides housing and care for seniors which is an important service in the community; 33.2. The Official Plan allows for Community Facilities in all designations and recognizes the importance of healthcare facilities as key determinants of the economic, social and environmental fabric of the Town; and 33.3. The development will be subject to site plan control to address matters such as visual barriers. 33.4. The use of the Holding Symbol will ensure that the property is adequately serviced. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 34. The zoning amendment is well aligned with the community-based strategic plan objectives: A Vibrant, Prosperous and Economically Sustainable Community An Engaged, Healthy and Socially Sustainable Community 35. The zoning amendment is in keeping with the Community Based Strategic Plan as it will aid in creating a vibrant, prosperous and economically sustainable community by expanding the institutional business sector. The zoning amendment will also aid in creating an engaged, healthy and socially sustainable community by allowing the expansion of an institution which contributes to the provision of a diverse range of social, health care, and programs and services for seniors. 37
Staff Report PD009-17 Page: 10 LINKAGE TO COUNCIL PRIORITIES 36. The zoning amendment supports a Vibrant, Prosperous and Economically Sustainable Community and an Engaged, Healthy and Socially Sustainable Community which have both been identified by Council as a 2014-2018 priority area. The zoning amendment helps to support these priorities by supporting the expansion of a successful business which provides housing, health care and programming to seniors. ALTERNATIVE 37. The following alternative is available for Committee s consideration: Alternative #1 The Committee could decide that the zoning amendment application is not appropriate. This alternative is not recommended as the proposal conforms to the policies of the Town of Bracebridge Official Plan. EXISTING POLICY 38. Town of Bracebridge Official Plan, 2013. 39. Town of Bracebridge Comprehensive Zoning By-law 2016-088. FINANCIAL IMPLICATIONS 40. The zoning amendment will facilitate building permit and development charge revenue in the future. COMMUNICATIONS 41. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. 42. Notice of the public meeting for the proposed zoning by-law amendment was sent January 26 th, 2017 by first class mail to the respective owners and assessed persons within 120 metres (400 feet) of the property in accordance with the regulations under the Planning Act. 43. The notice included the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. The notice was provided at least 20 days prior to this evening s meeting in accordance with the Planning Act. 44. A sign providing Notice of the Public Meeting was posted on the property on January 26 th, 2017. The sign was located to be clearly visible from a public road in accordance with the regulations under the Planning Act. The sign included information regarding the time, date and location of the meeting and an explanation of the purpose of the meeting for the proposed Zoning By-law amendment. 38
Staff Report PD009-17 Page: 11 45. If the zoning amendment is approved by Council on February 22 nd, a Notice of Passing will be mailed within 15 days (by March 9 th ) by first class mail to anyone who requests notice and to the owner, agent and prescribed agencies in accordance with the regulations under the Planning Act. Within 20 days of the mailing of the Notice of Passing, the by-law can be appealed to the Ontario Municipal Board. Prepared By: Approved by: Approved for Submission to Planning and Development Committee By: M. Holmes Manager of Planning Services Ext. 258 C. Kelley, MCIP, RPP, Director of Planning and Development Ext. 253 J. Sisson Chief Administrative Officer Ext. 229 A. Ghikadis MCIP, RPP Senior Planner Ext. 254 39
Staff Report PD009-17 Page: 12 APPENDIX A Draft By-law 40
Staff Report PD009-17 Page: 13 41
Staff Report PD009-17 Page: 14 APPENDIX B Location of Subject Property 42
Staff Report PD009-17 Page: 15 APPENDIX C Aerial Photography 43
Staff Report PD009-17 Page: 16 APPENDIX D Existing Zoning and Surrounding Zoning 44
Staff Report PD010-17 Page: 1 TO: FROM: SUBJECT: Councillor C. Wilson, Chair and Members of Planning and Development Committee C. Kelley, Director of Planning and Development S. McCormick, Planning Administrator Subdivision File No. S2000-1 Muskoka Highlands RECOMMENDATION 1. That the District Municipality of Muskoka be advised that the Town of Bracebridge supports an extension to the conditions of draft approval for the Muskoka Highlands Subdivision File No. S2000-1 for a period of two years from the date the extension is granted by the District. ORIGIN 2. Correspondence has been received from the District Municipality of Muskoka advising they are in receipt of an Application for Extension of Time to Fulfill the Conditions of Draft Approval from Wayne Simpson & Associates for Application S2000-1 (Muskoka Highlands). 3. The District of Muskoka has requested comments from the Town of Bracebridge on the proposed extension. 4. A location map is attached hereto as Appendix A. 5. A Draft Plan of Subdivision is attached as Appendix B. ANALYSIS 6. Staff have reviewed the conditions of draft approval and would not recommend that any changes are required to those conditions. 7. The following table provides a summary of the Official Plan designation, the zoning of development and the action requested or required to be taken prior to approval of the extension: Policy/Regulation Current Status Requested/Required Zoning By-law 2016-088 Zoned Residential Type1 (R1), Residential Type 1 Special 8 (R1-8), Residential Type 1 Special - 20 (R1-20), Open Space One (OS1) and Open Space Two (OS2) Complies no action required Town Official Plan Designated Residential Conforms no action required Muskoka Official Plan Designated Urban Conforms no action required 45
Staff Report PD010-17 Page: 2 8. The Muskoka Highlands plan of subdivision, File No S2000-1, prepared by Wayne Simpson & Associates, draft approved on August 17, 2000 and redlined on November 23, 2005 on part of Covered Bridge Trail and Part of Lankin Avenue and part of Blocks 40, 44, 114, 162, 164 and 167, Registered Plan 35M-635, Part of Lankin Avenue and Lot 15 and Block 16, Registered Plan 35M-648, Town of Bracebridge and Part of Lots 4 and 5, Concession 3, and Part of Lots 3 and 4, Concession 4, Monck, Town of Bracebridge, in the District Municipality of Muskoka. 9. The plan of subdivision consists of 192 residential lots, which are to be developed in 7 phases. A majority of the lots within the plan of subdivision have frontages of approximately 25.9 metres (85 feet) and average lot areas of approximately 0.12 ha (0.3 acres). 10. The first 2 phases of the subdivision have been developed: 10.1. Phase 1 of the development located on Lankin Avenue (Plan 35M-686) received final approval and was registered in 2001; and 10.2. Phase 2 of the development located on Covered Bridge Trail (Plan 35M-703) received final approval and was registered in 2005. 11. Phases 3-7 have yet to receive final approval. 12. As per the conditions of draft approval, the owner was to fulfill the conditions of draft approval on or before February 14, 2017 or the draft subdivision approval granted on August 17, 2000 would be deemed to have lapsed. 13. Since approval of the last extension, the engineering for the next phase has been completed and certificates of approval have been secured for Phase 3 which include for the next sixteen (16) lots at the end of Covered Bridge Trail. The stormwater management pond situated on Block 23, 35M-703 has been constructed and assumed by the Town of Bracebridge. 14. The District of Muskoka can authorize a maximum further 24 month extension under the Conditions of Approval. 15. The following is an excerpt from the application as to why additional time is required to meet the conditions of draft approval as submitted by the owners to the District: The downturn in the economy and death of the principal of the company resulted in the development being temporarily stalled. The whole of the development has been discretely offered in the marketplace and new land appraisals recently completed. The developer feels that the current shortage of serviced lots in the Town of Bracebridge is generating new interest in the property and so the prospects of a sale to another developer or the partnering with a home builder looks promising. 16. Staff can confirm that the property is currently being marketed by Avison Young on behalf of the property owner as shown in the marketing brochure available online. 17. During the extension period, the developer will in due course request a subdivision agreement with the Town and a supplemental servicing agreement with the District of Muskoka. 18. Staff have confirmed with the District of Muskoka that adequate capacity exists in the current water and sewer system to support the build-out of the remaining phases of this subdivision. 46
Staff Report PD010-17 Page: 3 19. Staff are recommending support for the extension of the conditions of draft approval as follows: 19.1. The added time will allow the developer further time with their marketing efforts; 19.2. Staff agree with the owner s representative that there continues to be demand for residential lots in the community; 19.3. The process to obtain draft approval is expensive and time consuming. From the Town s perspective to bring these lots on-line would be relatively easy for the current or new land owner as opposed to having to go through the subdivision approval process again; and, 19.4. The project remains to be in conformity to the Town s Official Plan. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 20. The requested extension is well aligned with the community-based strategic plan objectives: An Engaged, Healthy and Socially Sustainable Community. 21. The extension is in keeping with the Community Based Strategic Plan as it works with community partners to offer a diversified range of housing. LINKAGE TO COUNCIL PRIORITIES 22. The requested extension supports An Engaged, Healthy and Social Sustainable Community which has been identified by Council as a 2014-2018 priority area. The requested extension helps to support this priority by supporting a diversified range of housing. ALTERNATIVE(S) 23. The following alternative is available for Committee s consideration: Alternative #1 The Committee could recommend that permission for the extension not be granted. This alternative is not recommended as the proposed subdivision conforms with the Official Plan and complies with the Zoning By-law and the extension will provide the owner more time to market the property for development. EXISTING POLICY 24. Town of Bracebridge Official Plan, 2013. 25. Town of Bracebridge Comprehensive Zoning By-laws 2016-088. FINANCIAL IMPLICATIONS 26. Approval of the extension of draft approval will have no direct financial impact on the Town s Municipal Budget and Business Plan nor will it create a financial liability for the Town in the future. 47
Staff Report PD010-17 Page: 4 COMMUNICATIONS 27. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. 28. There is no notice requirement or public process for the requested extension. 29. The District of Muskoka have requested comments from the Town of Bracebridge before approval of the extension. Prepared By: Approved by: Approved for Submission to Planning and Development Committee By: S. McCormick C. Kelley, MCIP, RPP, J. Sisson Planning Administrator Director of Planning and Development Chief Administrative Officer Ext. 233 Ext. 253 Ext. 229 48
Staff Report PD010-17 Page: 5 APPENDIX A Location Map 49
Staff Report PD010-17 Page: 6 APPENDIX B Draft Plan of Subdivision 50
Staff Report PD011-17 Page: 1 TO: FROM: SUBJECT: Councillor C. Wilson, Chair and Members of Planning and Development Committee C. Kelley, Director of Planning and Development S. McCormick, Planning Administrator Subdivision File No. S2005-8 Inveraray RECOMMENDATION 1. That the District Municipality of Muskoka be advised that the Town of Bracebridge supports an extension to the conditions of draft approval for Inveraray Subdivision File No. S2005-8 for a period of two years from the date the extension is granted by the District. ORIGIN 2. Correspondence has been received from the District Municipality of Muskoka advising they are in receipt of an Application for Extension of Time to Fulfill the Conditions of Draft Approval from Wayne Simpson & Associates for Application S2005-8 (Inveraray Highlands). 3. The District of Muskoka has requested comments from the Town of Bracebridge on the proposed extension. 4. A location map is attached hereto as Appendix A. 5. A draft plan of subdivision is attached as Appendix B. ANALYSIS 6. Staff have reviewed the conditions of draft approval and would not recommend that any changes are required to those conditions. 7. The following table provides a summary of the Official Plan designation, the zoning of development and the action requested or required to be taken prior to approval of the extension: Policy/Regulation Current Status Requested/Required Zoning By-law 2016-088 Zoned Residential Type 1 Special - 29 (R1-29), Residential Type 1 Special 39 (R1-39), Residential Type 1 Special - 45 (R1-45), Residential Type 1 Special 48 (R1-48), Residential Type 1 Special 49 (R1-49), Environmental Type 1 (EP1) and Open Space One (OS1) Complies no action required Town Official Plan Designated Residential Conforms no action required Muskoka Official Plan Designated Urban Conforms no action required 51
Staff Report PD011-17 Page: 2 8. The Inveraray Highlands plan of subdivision, File No S2005-8 prepared by Tom Bunker Surveying Ltd., dated January 31, 2008, and redlined February 27, 2008, was granted draft approval on October 12, 2006. 9. The first 2 phases of the subdivision have been developed: 9.1. Phase 1 of the development located on Gainsborough and Argyll Streets (Plan 35M-717) received final approval and was registered in 2008; and 9.2. Phase 2 of the development located on MacArthur Drive Covered Bridge Trail (Plan 35M- 736) received final approval and was registered in 2015. 10. Phases 3-7 have yet to receive final approval. 11. As per the conditions of draft approval, the owner was to fulfill the conditions of draft approval on or before February 14, 2017, or the approval granted would be deemed to have lapsed. 12. The District of Muskoka can authorize a maximum further 24 month extension under the Notice of Decision. 13. The plan of subdivision consists of 230 residential lots which is to be developed in seven (7) phases. The lots in the plan of subdivision have an average frontage of approximately nineteen (19) metres with lot areas ranging from 0.06 hectares to 0.29 hectares. 14. The developer owns a total of three (3) serviced single family residential lots in Phases 1 and 2, as well as the proposed vacant land condominium parcel described as Block 40 on Plan 35M- 717, which has been draft approved for fourteen (14) semi-detached dwelling units. 15. Shortly after the last extension in 2015, Phase 2 of the subdivision received final approval and was registered. 16. As indicated by the Developer s agent, due to financial constraints, the focus of the development over the past 18 months has been on the sale of the lots in the first two phases and on the completion of the works required under the present subdivision agreement with the Town. 17. Staff have been working with the Developer s agent on a number of issues, primarily with respect to subdivision agreements registered for Phase 1 and Phase 2 of the subdivision as follows: Phase Phase 1 Outstanding/Deficient Works Streetlighting which is partially finished and installation of the balance to be completed in Spring 2017; Final lift of asphalt on Argyll Court and Gainsborough road; Installation of a section of sidewalk; Replacement of damaged sidewalk panels; Repair and completion of concrete curbing; 52
Staff Report PD011-17 Page: 3 Phase Outstanding/Deficient Works Minor bridge repairs; and Reconstruction of a section of Gainsborough Road as a result of frost damage. Phase 2 Adjustments to the storm water management system that have been constructed as planned but are not operating as planned. The developer has engaged an engineer and has been working with staff on this; Street lighting; and Final lift of asphalt for MacArthur Drive. 18. The Town continues to hold securities in the amount of: 18.1. Phase 1 Subdivision Works: $175,859.92 18.2. Phase 1 Subdivision/Bridge Works: $217,250.90 18.3. Phase 2 Subdivision Works: $168,975.85 19. Staff in the Public Works Planning and Development Departments are in regular contact with the Developer s Agent with regards to the outstanding works and general subdivision matters. Staff has advised the Developer s Agent that the balance of the works in Phase 1 are required to be completed by September 15, 2017. Staff will be monitoring the progress over the summer to ensure that this deadline is met. 20. During the extension period, the developer will in due course request a subdivision agreement with the Town and a supplemental servicing agreement with the District of Muskoka. 21. Staff have confirmed with the District of Muskoka that adequate capacity exists in the current water and sewer system to support the build-out of the remaining phases of this subdivision. 22. Staff are recommending support for the extension of the conditions of draft approval as follows: 22.1. The added time will allow the developer to sell the lots or blocks that they still retain which includes 3 lots and the condominium block. Since January of 2015, the majority of the 20 lots registered in Phase 2 on MacArthur Drive have been sold and are developed or under development; 22.2. Staff believes that there continues to be demand for residential lots in the community; 22.3. The process to obtain draft approval is expensive and time consuming. From the Town s perspective to bring Phase 3 lots on-line would be relatively easy for the current owner as opposed to having to go through the subdivision approval process again; and, 22.4. The project remains to be in conformity to the Town s Official Plan. 53
Staff Report PD011-17 Page: 4 LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 23. The requested extension is well aligned with the community-based strategic plan objectives: An Engaged, Healthy and Socially Sustainable Community. 24. The extension is in keeping with the Community Based Strategic Plan as it works with community partners to offer a diversified range of housing. LINKAGE TO COUNCIL PRIORITIES 25. The requested extension supports An Engaged, Healthy and Social Sustainable Community which has been identified by Council as a 2014-2018 priority area. The requested extension helps to support this priority by supporting a diversified range of housing. ALTERNATIVE(S) 26. The following alternative is available for Committee s consideration: Alternative #1 The Committee could recommend that permission for the extension not be granted. This alternative is not recommended as the proposed subdivision conforms with the Official Plan and complies with the Zoning By-law and the extension will provide the owner more time to finalize the subdivision agreement. EXISTING POLICY 27. Town of Bracebridge Official Plan, 2013. 28. Town of Bracebridge Comprehensive Zoning By-laws 2016-088. FINANCIAL IMPLICATIONS 29. Approval of the extension of draft approval will have no direct financial impact on the Town s Municipal Budget and Business Plan nor will it create a financial liability for the Town in the future. COMMUNICATIONS 30. This staff report was distributed to Council, Media, and all Town staff and was published on the Town s website in accordance with the Town s Procedural By-law. 31. There is no notice requirement or public process for the requested extension. 54
Staff Report PD011-17 Page: 5 32. The District of Muskoka have requested comments from the Town of Bracebridge before approval of the extension. Prepared By: Approved by: Approved for Submission to Planning and Development Committee By: S. McCormick C. Kelley, MCIP, RPP, J. Sisson Planning Administrator Director of Planning and Chief Administrative Officer Development Ext. 233 Ext. 253 Ext. 229 55
Staff Report PD011-17 Page: 6 APPENDIX A Location Map. 56
Staff Report PD011-17 Page: 7 APPENDIX B Draft Plan of Subdivision 57