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Planning Council Agenda Tuesday, May 28, 2019 at 5:00 PM

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Planning Council Agenda Tuesday, May 28, 2019 at 5:00 PM Town of Gravenhurst - Planning Council Agenda Tuesday, May 28, 2019 at 5:00 PM Agenda Item Page No. NOTE: CLOSED SESSION TO START AT 4:45 A. Adoption of Agenda Recommendation: BE IT RESOLVED THAT the Council agenda as presented on May 28, 2019 be approved as circulated / amended. B. Land Acknowledgment Statement C. Disclosure of Pecuniary Interest D. Closed Session 4:45 PM 1. Litigation / Potential Litigation - LPAT Update E. Public Meetings 5:00 p.m. F. Deputations 1. Margaret Kish re: ZA 04-2019 (Edmunds & Couwenberg - ZA 04- 2019) G. Minor Amendment Resolutions 1. ZA 04-2019 (Edmunds and Couwenberg – Lake Muskoka) 5 - 16 Report No. DEV 2019-41 Recommendation: WHEREAS a Public Meeting has been held under Section 34 of the Planning Act (EDMUNDS and COUWENBERG, Application No. ZA 04-2019) AND WHEREAS further amendments have been made to the Proposed By-law as follows: a) The maximum area of the Covered Deck is 25.0 square metres measured to the outside the supporting posts; and Town of Gravenhurst - Planning Council Date: May 28, 2019 b) The maximum height of a Boathouse is 6.0 metres to the midpoint of the Covered Deck Roof, and 6.2 metres to the peak of the Covered Deck Roof Projection. AND WHEREAS Section 34(17) of the Planning Act, provides that Council may determine whether further notice is to be given where a change is made to a Proposed By-law; NOW THEREFORE BE IT RESOLVED THAT Council, after due consideration of the Proposed By-law and amendments thereto, concludes that the amendments are of such minor nature that no further notice need be given with respect to the Proposed By-law. H. Unfinished Business 1. ZA 01-2019 (2668213 Ontario Inc. – Loon Lake) 17 - 25 Report No. DEV 2019-37 Recommendation: THAT Report No. DEV 2019-37 re: ZA 01- 2019 (2668213 Ontario Inc. – Loon Lake) be received for information; AND THAT Council approve the application. I. New Business 1. Aerospace Sector Analysis and Action Plan 26 - 135 Report No. DEV 2019-38 Recommendation: THAT Report No. DEV 2019-38 re: Aerospace Sector Analysis and Action Plan Report be received for information; AND THAT Council endorses the Plan, which would inform the Economic Development Division’s work plan going forward and/or inform Town of Gravenhurst recommendations to the District of Muskoka on the future of the Muskoka Airport. 2. Rural Economic Development – Funding Authorization 136 - 138 Report No. DEV 2019-39 Recommendation: THAT Report No. DEV 2019-39 re: Rural Economic Development – Funding Authorization be received for information; Page 2 of 188 Town of Gravenhurst - Planning Council Date: May 28, 2019 AND THAT Council authorize the Mayor and Clerk to execute the Funding Agreement. 3. Visitor Information Collection Program – 2018 Survey Summary 139 - 156 Report No. DEV 2019-40 Recommendation: THAT Report No. DEV 2019-40 re: Visitor Information Collection Program – 2018 Survey Summary be received for information. J. Closed Session K. Reports from Closed Session 1. Minutes of Settlement - Wrightman & Kuzniak - Minor Variance 157 - 168 Report No. DEV 2019-42 Recommendation: BE IT RESOLVED THAT Report No. DEV 2019-42 re: Minutes of Settlement for Appeal to Minor Variance A/04/2019/GR; Wrightman & Kuzniak be received for information; AND THAT Council approve the Minutes of Settlement and that the Mayor and Clerk execute the Minutes of Settlement. L. By-laws 1. By-law No. 2019-34 Zoning (Edmunds & Couwenberg - Lake 169 - 171 Muskoka) 2. By-law No. 2019-35 Removal of Holding Provision (Loon Lake) 172 - 173 3. By-law No. 2019-36 Zoning (2668213 Ontario Inc - Loon Lake) 174 - 176 4. By-law No. 2019-37 Authorize Mayor and Clerk to Enter into RED 177 Funding Agreement M. Adoption of Minutes 1. Planning Council - April 30, 2019 178 - 188 Recommendation: BE IT RESOLVED THAT the Minutes of the Council meeting dated April 30, 2019 be approved as circulated / amended. N. Confirming By-law Recommendation: BE IT RESOLVED THAT Bill No. 41 to confirm the Council Meeting held on May 28, 2019 be passed and numbered By-law No. 2019-38. Page 3 of 188 Town of Gravenhurst - Planning Council Date: May 28, 2019 O. Adjournment DISCLAIMER: PUBLIC MEETINGS MAY BE SUBJECT TO BEING AUDIO /VIDEO RECORDED Page 4 of 188 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Melissa Halford, Manager of Planning Services Date: May 28, 2019 ZA 04-2019 (Edmunds and Couwenberg – Lake Subject: Muskoka) Report No. DEV 2019-41 RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT Report No. DEV 2019-41 re: ZA 04-2019 (Edmunds and Couwenberg – Lake Muskoka) be received for information; AND THAT Council approve the By-law. PURPOSE The purpose of this Report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA 04-2019. The application was submitted in order to permit the construction of new Docks and a Boathouse with Covered Deck. A location map and sketch are attached. The Public Meeting for this application was held on April 30th, 2019. One neighbour spoke in opposition and provided a written submission. Three additional written submissions were received from neighbours representing five properties in opposition prior to the Public Meeting. In accordance with Staff’s recommendation at that time, Council deferred making a decision in order for an amended proposal to be provided and evaluated. Supporting Information A Planning Justification Report prepared by Greg Corbett of Planscape Inc. was submitted in support of the application. Following the Public Meeting, additional information was received from Stefan Szczerbak of Planscape Inc. that included a photo taken from Camp Shalom as part of illustrating the minimal impact to navigation the boathouse would present. Subsequent to that, an additional Page 5 of 188 Report to: Planning Council Report Title: ZA 04-2019 (Edmunds and Couwenberg – Lake Muskoka) Date: May 28th, 2019 submission was provided showing a further reduced covered deck area equivalent to 25 square metres, and a reduced boathouse height. PROPERTY INFORMATION a) Lot Dimensions Lot Area: +/- 8,580 square metres Lot Frontage: +/- 72.9 metres (straight line) b) Servicing Private water supply and private sewage system. c) Access Municipally maintained road: Brydons Bay Road d) Fish Habitat The property is located adjacent to Type 1 fish habitat (significant) and Type 2 fish habitat (general). The proposed new shoreline structures are located within Type 2 fish habitat, away from the significant fish habitat. e) Site Inspection and Characteristics A site inspection was conducted on April 10th, 2019 by Angela Ghikadis and on May 21st by Melissa Halford. Existing structures on the property include the Dwelling with Decks, a detached Garage and Docks. The property is well vegetated with mature trees, and fronts on to a bay, which is an arm of Muskoka Bay of Lake Muskoka. In addition to fronting on a bay, this property also has its own small cove with a shallow beach and gentle slopes to the water in front of the Dwelling. The area where the proposed Dock and Boathouse is to be located is at the end of the property adjacent to a rock outcropping that drops off to deep water. The existing Dock is to be removed. A portion of the property fronts on a narrow waterway, which by definition is, where the distance from shoreline to shoreline on a lake is less than 150 metres. In this case, given the property shape and the shape of the bay, it is a somewhat subjective determination if the proposed Dock and Boathouse will front on to a narrow waterway. Staff therefore took the “worst case scenario” approach to evaluate the application assuming that the proposed Dock and Boathouse will front on a narrow waterway, though it could be argued the Page 6 of 188 Report to: Planning Council Report Title: ZA 04-2019 (Edmunds and Couwenberg – Lake Muskoka) Date: May 28th, 2019 location of the proposed dock and boathouse is not on a narrow waterway when considering a perpendicular (or 90 degree) measurement. f) Surrounding Land Uses The property is located in a bay across from the Muskoka Regional Centre property. There are two developed residential properties in the same bay as well as a vacant lot and a children’s camp at the end of the bay. Properties in the bay are well vegetated with mature vegetation. To the west are additional residential waterfront properties. g) Shore Road Allowance Owned ANALYSIS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. a) Provincial Policy Statement For the purposes of the Provincial Policy Statement (PPS), waterfront areas such as this are considered Rural Areas and Sections 1.1.4 and 1.1.5 describe how rural areas are important to the economic success of the Province and our quality of life, and note that permitted uses include resource based uses that include recreational dwellings. The proposed shoreline structures are associated with the recreational dwelling use. Section 2.1 of the PPS addresses Natural Heritage though the only identified Natural Heritage feature is significant fish habitat and the proposed shoreline structures are located outside of the significant fish habitat. It is staff’s opinion the application is consistent with the Provincial Policy Statement. b) Official Plan Policies The property is designated Waterfront Area in the Town of Gravenhurst Official Plan. Schedule B of the Official Plan identifies steep slopes on portions of the property, and identifies Lake Muskoka as being a Lake Trout Lake and a Coldwater Lake. Page 7 of 188 Report to: Planning Council Report Title: ZA 04-2019 (Edmunds and Couwenberg – Lake Muskoka) Date: May 28th, 2019 As stated in Section D2.1, the Goal of the Waterfront Area is to ensure sustainable development practices and maintain and enhance where possible water quality, protect the ecological, natural, visual and aesthetic character of the lake and shoreline and protect the recreational, social, accessible and environmental qualities of the lakes and rivers.
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