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The Distrig Municipality of Muskoka

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The Distrig Municipality of Muskoka THE DISTRIG MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1 L 1N3 Telephone (705) 645-2231 OR 1-800-461-4210 (705 area code) Fax (705) 646-2207 www.muskoka.on.ca TO: Chair and Members Planning and Economic Development Committee FROM: Derrick A. Hammond Director of Planning Services DATE: March 20, 2009 SUBJECT: Official Plan Amendment No. 39 (Muskoka Condominium Corporation No. 45 - Township of Muskoka Lakes) REPORT NO: PED-6-2009-3 RECOMMENDATION THAT Amendment No. 39 to the Official Plan of the Township of Muskoka Lakes, as adopted by Township By-law 2008-135, be modified as detailed in Schedule "A" attached hereto, and approved as modified. ORIGIN The Township of Muskoka Lakes has adopted Amendment No. 39 to the Official Plan of the Township of Muskoka Lakes by By-law No. 2008-135 and has submitted it for approval by Muskoka District Council. A copy of the amendment is attached in Appendix "I". ANALYSIS Location The lands subject to Official Plan Amendment No. 39 (OPA No. 39) are located in the core of Port Carling and front onto the Indian River as well as Armstrong Point Road. More specifically, these lands are located on Lot 6 and Part of Lots 7 and 8, Plan 1, (Port Carling), Parts 7, 8, 11 to 13, 15 to 17, 20, Plan 35R-18319. A location map is attached as Appendix "II". Proposal and Purpose of Official Plan Amendment Current Township Official Plan policy permits a mix of multiple residential and resort commercial uses on this property. An existing building containing 20 condominium units is located on the subject lands. The implementing zoning by-law requires that four of the units within this building be used for resort commercial purposes. The remaining 16 units may be used for residential purposes. The owners of the 4 resort commercial units wish to convert them to residential use. The purpose of Amendment No. 39 is to amend the Township of Muskoka Lakes Official Plan in order to redesignate the subject lands from "Core Commercial- Resort" to "Residential", This will permit four resort commercial units within the existing building to be used for residential purposes. Managing Our Legacy Together Background Historically, the subject lands and the "Green Slate Inn" property (the northerly abutting parcel) were one contiguous piece of property. With the registration of Condominium Corporation No. 45, the subject property was separated from the Green Slate Inn lands and a twenty unit mixed use condominium description was established. Context and Surrounding Uses The subject property contains an existing building, a related parking structure and docking facilities. The portion of the property that fronts onto the Indian River contains sparse vegetation. The surrounding uses are generally commercial in nature and are interspersed by limited residential uses. Circulation and Public Meeting Prior to the adoption of OPA 39, the Township of Muskoka Lakes circulated the proposal to agencies and the public. A public meeting was held on December 2, 2008. No comments were received and no questions or concerns were expressed by members of the public attending this meeting. Planning Documents Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) was considered and taken into account in the preparation of Amendment No. 39. Section 1.1.3.1 of the PPS indicates that settlement areas, such as Port Carling shall be the focus of growth and their vitality and regeneration shall be promoted. Accordingly, this proposal would be consistent with the PPS. Muskoka Official Plan The subject properties are located within the "Urban Centre" designation of the Muskoka Official Plan. Section C.29 of the Muskoka Official Plan states that the down zoning of resort commercial properties with significant land holdings and frontage on water will not generally be supported. As the subject property is less than one acre in size with approximately 84 feet of water frontage, it would not constitute a significant holding. In addition, this would only affect four (4) units. As a result, the proposal would generally conform to the Muskoka Official Plan. Local Official Plan The property is located within the Urban Centre designation, which encourages intensification of eXisting development which maintains the essential character of the urban centre. The down zoning policies of the Township's Official Plan are applicable only to the Waterfront designation. As a result, the proposed amendment generally conforms to the Township Official Plan. Township of Muskoka Lakes Zoning By-law Township Council recently passed a zoning by-law amendment which would implement the proposed policies of the Official Plan Amendment. The by-law amendment will take effect once the official plan amendment comes into effect. Modifications A number of technical modifications are required to the format and phrasing of the Amendment. These modifications will serve to clearly define the lands to which the Amendment applies and to clarify the intent of the policies. Township staff have concurred with the changes proposed. Respectfully Submitted, Derrick A. Hammond, MA, MCIP, RPP, CMMII Director of Planning Services Pu\N\DEV APPLICATIONS\MUL\OPA\OPA39 Condominium Corp. No.45\Staff Report\PED Report SCHEDULE "A" - (Township of Muskoka Lakes - OPA No. 39) 1. That the words "Section 5.1 DEFINITION" are hereby deleted. 2. That Section 5.1.1 is hereby deleted and replaced with the following: 5.1 Section C 13.16 ofthe Official Plan ofthe Township of Muskoka Lakes is hereby amended by deleting the words "Lots 6, 7, and 8, Plan 1 (Port Carling)" and replacing them with "Part of Lots 7 and 8, Plan 1, (Port Carling), Parts 1 to 6, 9, 10, 14,18,19,21, and 22, Plan 35R-18319". 3. Section 5.1.2 is hereby renumbered to 5.2. 4. That Section 5.2 "Development Policies" be renumbered to 5.3. 5. That renumbered Section 5.3 is hereby amended by deleting the words "DEVELOPMENT POLICIES". 6. That the following new subsection shall be added immediately after subsection C 13.16 of the Township of Muskoka Lakes Official Plan: "13.17 For the lands described as Lot 6 and Part of Lots 7 and 8, Plan 1, (Port Carling), Parts 7,8,11 to 13, 15 to 17, 20, Plan 35R-18319, the following policies shall apply." 7. That Section 5.2.1 be amended to replace "5.2.1" with "i"; 8. That Section 5.2.2 be amended to replace "5.2.2" with "ii"; 9. That Section 5.2.3 be amended to replace "5.2.3" with "iii"; 10. That Section 5.2.4 be amended to replace "5.2.4" with "iv"; 11. That Section 5.2.5 be amended to replace "5.2.5" with "v"; 12. That Section 5.2.6 be deleted. 13. That Section 5.3 and related subsection of the amendment is hereby renumbered accordingly. 14. That all remaining subsections of Section C 13 shall be renumbered accordingly. 15. Schedule "A" is hereby amended by replacing the letter "A" with the letter "I". Appendix "I" AMENDMENT NO. 39 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF MUSKOKA LAKES PART OF LOT 32, CONCESSION 4, (PORT CARLING) MUSKOKA CONDOMINIUM CORPORA·nON NO. 45 Prepared by Township of Muskoka Lakes Planning Department Second Draft December, 2008 AMENDMENT NUMBER 39 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF MUSKOKA LAKES SECTION 1 TITLE AND COMPONENTS OF THE AMENDMENT 1.1 Section 5 herein and Schedule I attached hereto shall constitute Amendment 39 to the Official Plan of the Township of Muskoka Lakes. 1.2 Sections 1, 2, 3, 4, and 6 herein do not constitute part of the formal amendment, but provide more detailed information respecting the amendment. SECTION 2 LANDS SUBJECT TO THIS AMENDMENT 2.1 The lands subject to this amendment include Part of Lot 32, Concession 4, in the former Village of Port Carling, now in the Township of Muskoka Lakes, more particularly described as Lots 6, 7, and 8, Plan 1, and Parts 7, 8, 11 to 13, 15 to 17, and 20, Plan 35R-18319. SECTION 3 PURPOSE OF THE AMENDMENT 3.1 This amendment has been prepared in response to an application to permit an additional four residential units in the existing condominium building that are to be commercial accommodation units. SECTION 4 BACKGROUND AND BASIS OF THE AMENDMENT 4.1 The property, located on the Indian River and Armstrong Point Road near the intersection with District Road 118 in the Urban Centre of Port Carling, currently contains a building with16 residential and four commercial accommodation units. It is located within the Core Commercial - Resort designation, and near the Core Commercial designation of Port Carling, an area of existing built-up commercial development. The property is also located adjacent to a tourist resort/hotel currently undergoing redevelopment. 4.2 The applicant has submitted an application to permit the property to contain solely residential units. The proposal would allow up to 20 residential units. Official Plan Amendment Number 39, Page #1 4.3 In 1997, the Township of Muskoka Lakes issued a Building Permit for a 20-unit resort. At this time the property also included the adjacent lot occupied by a tourist resort/hotel. 4.4 In 1999, Township Council passed By-law 99-17, which permits multiple residential as a permitted use on the property, up to a maximum of 16 dwelling units, provided there is at least one tourist accommodation unit for every one residential unit. 4.5 Condominium Application 44CDM-95002 was approved by the District Municipality of Muskoka, creating 20 condominium units and separating the subject property from the adjacent tourist resort/hotel property.
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