Planning Council - Minutes Tuesday, August 22, 2017

Those in attendance were:

Members of Council Staff Mayor Donaldson S. Lucas Director of Development Services Councillor Colhoun K. Thibeault Director of Legislative Services / Clerk Councillor Eiter K. Kirton Manager of Planning Services Councillor Jorgensen J. Montreuil Deputy Clerk / Committee Coordinator Councillor Kelly J. Rand Planner II Councillor Lorenz Councillor Pilger Councillor Watson

Regrets: Councillor Cairns

A Closed Session

Staff in Closed Session included the Chief Administrative Officer, Director of Development Services, Director of Legislative Services / Clerk and Deputy Clerk / Committee Coordinator.

Moved by Councillor Colhoun Seconded by Councillor Pilger

#162 BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider:

(X) litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board

pursuant to Clause 239(2) of the Municipal Act, 2001 C.25.

CARRIED

Moved by Councillor Colhoun, seconded by Councillor Watson, Council reconvened in Open Session at 4:46 p.m.

B Adoption of Agenda

Moved by Councillor Colhoun Seconded by Councillor Eiter

Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

#163 BE IT RESOLVED THAT the Council agenda as presented on August 22, 2017 be approved as circulated.

CARRIED

C Disclosure of Pecuniary Interest

Councillor Pilger declared a conflict of interest with Public Meeting Item No. 3 ZA 24-2017 (Hooshley - Frank Cooper Trail) and the associated by-law for business reasons.

Mayor Donaldson declared a conflict of interest with Public Meeting Item No. 6 ZA 30-2017 (Camick - Sparrow Route D) and the associated by-law for personal reasons.

D Public Meetings

1. ZA 02-2017 (Fulton - Turtle Lake) Report No. DEV 2017-81

The Planner provided a review of the application.

Comments were received from the Town’s Building and Emergency Services Departments, and the District Municipality of Muskoka.

Steve Fahner from Northern Vision Planning, agent for the applicant, provided a presentation regarding the proposed application including planning analysis and policy framework, previous site approvals and zoning history, site characteristics and photographs. He supported the recommended approval of the application.

Council requested and received information regarding minimum setbacks and the long-term intent of the property's composition.

Staff recommended approval of the application.

2. ZA 23-2017 (2427031 Inc. - Sophers Landing Road) Report No. DEV 2017-82

The Planner provided a review of the application.

Comments were received from the Town’s Building and Emergency Services Departments, and Septic Inspector.

The District Municipality of Muskoka recommended deferral pending confirmation that the build would not affect the Provincially Significant Wetland (PWS) adjacent to the subject lands and located on Sparrow Lake.

A letter of support was received by Bryan and Susan Graham, however, requested the Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

inspection of the culvert placement on Sophers Landing Road.

Josh Morgan from Morgan Planning & Development Inc., agent for the applicant, provided a synopsis of the proposed development, and circulated an aerial photo to demonstrate the presence of the relative and proposed structure(s) indicating there is no impact to the PSW. Council engaged in a discussion regarding site visits, sustaining and fostering economic development and the District's deferral recommendation.

Staff recommended approval of the application.

3. ZA 24-2017 (Hooshley - Frank Cooper Trail) Report No. DEV 2017-83

Having declared a pecuniary interest, Councillor Pilger left the Chamber at 5:34 p.m.

The Planner provided a review of the application.

Comments were received from the Town’s Building and Emergency Services Departments, and Septic Inspector.

A letter of objection was received by Douglas Bush, abutting owner, who indicated trespassing and safety concerns surrounding the allowance of a hunt camp encroaching onto his property.

Greg Corbett from Planscapes, agent for the applicant, provided comments regarding the intended use of the property, and provided clarification on the request for zoning change due setback restrictions. Mr. Corbett advised that the applicant is prepared to append signage for "No Hunting" on the property if trespassing is an issue.

Douglas Bush, neighboring property owner, provided comments regarding his letter of objection, addressing specific concerns surrounding the designation of the new structure as a "Hunt Camp" for security reasons as his family including small children use the property.

Council requested and received clarification on compliance and impacts of the current and proposed zoning setback requirements including financial impacts to the applicants.

Council engaged in a lengthy discussion surrounding the term "Hunt Camp" including the definitions within the Zoning By-Law once the Official Plan Amendments have been approved, and the potential impacts of approving the rezoning request if a transfer of ownership occurred.

Staff recommended approval of the application.

Council directed staff to bring forward a minor amendment to the proposed By-law to change the words "Hunt Camp" to "Camp" and append to its definition.

Councillor Pilger returned to the Chamber at 6:10 p.m. Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

4. ZA 25-2017 (Sterling - Lake Muskoka) Report No. DEV 2017-84

The Planner provided a review of the application.

Comments were received from the Town’s Building and Fire and Emergency Services Departments, Union Gas and the District Municipality of Muskoka.

Council requested and received clarification concerning a previous application relating to the property.

Staff recommended approval of the application.

5. ZA 26-2017 (McIntyre - Severn River) Report No. DEV 2017-85

The Planner provided a review of the application.

Comments were received from the Town’s Building & Fire Departments, Septic Inspector, the Emergency Management Coordinator, Hydro One, and the District Municipality of Muskoka.

Graham McIntyre, applicant, was available for questions.

Yu Meizi, neighbouring property owner, indicated an error in property identification on the staff report. Ms. Meizi requested and received information on current / future uses of the applicants' property, the Town's complaint process, and the proposed land severance.

Staff recommended approval of the application.

6. ZA 30-2017(Camick - Sparrow Lake Route D) Report No. DEV 2017-86

Having declared a pecuniary interest, Mayor Donaldson left the Chamber at 6:25 p.m.; Deputy Mayor Watson presided as Chair.

The Planner provided a review of the application.

Comments were received from the Town's Fire Department and Septic Inspector, the Emergency Management Coordinator, Hydro One, Trans and the District Municipality of Muskoka.

Rick McCann, agent for the applicant, provided a summary of intended property usage and was available for questions.

Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

Staff recommended approval of the application.

Mayor Donaldson returned to the Chamber and resumed as Chair at 6:31 p.m.

7. SRC 14-2016 (Kemper / Giles et al. - Riley Lake) Report No. DEV 2017-87

There were no comments from the applicant, members of the public or Council.

E Deputations

1. M. Wayling, Gravenhurst Municipal Heritage Committee - Intent to Designate Holy Manger Church

Mr. Wayling, the Vice Chair of Gravenhurst Municipal Heritage Committee (MHC), provided a brief historical review of the Holy Manger Church, its unique features. He provided details surrounding the public notice process in accordance with the Ontario Heritage Act. The MHC requested that Council direct staff to prepare a report and by-law for the intent to designate the property.

Council requested and received clarifications on the legislated public notice process, and information on the impacts of the designation.

F Minor Amendment Resolutions

ZA 24-2017 (Hooshley - Frank Cooper Trail)

Moved by Colhoun Seconded by Watson

#163 WHEREAS a Public Meeting has been held under Section 34 of the Planning Act (HOOSHLEY, Application No. ZA 24-2017)

AND WHEREAS further amendments have been made to the Proposed By-law as follows:

a. The word " Hunt Camp" shall be changed to "Camp"; and

b. The addition of the words, " For the purpose of this by-law, a Camp shall be defined as a Building occupied not more than 10 days in any month and not more than 60 days in any 12 month period and used for the purpose of recreation, excluding hunting.".

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 Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

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.

CARRIED

G Unfinished Business

H New Business

1. DB 05-2017 (Dorn - Loon Lake) Report No. DEV 2017-88

The Director of Development Services noted that the By-law was required for the proposed development.

2. Heritage Designation of Narrows Lighthouse 2016-01 (Lighthouse Island - Lake Muskoka) Report No. DEV 2017-89

The Planner provided a review of the report.

Council requested and received information from Staff and the Coast Guard representative regarding the recovery of structural content from the existing lighthouse for historical significance.

3. Updates to the Municipal Register of Cultural Heritage Properties Report No. DEV 2017-90

Moved by Councillor Colhoun Seconded by Councillor Eiter

#164 WHEREAS Section 27 of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, requires that the Clerk, or designate, of every municipality keep a publically accessible register of properties that are of cultural heritage value or interest situated in the municipality;

AND WHEREAS the Municipal Heritage Committee has reviewed and updated the Gravenhurst Municipal Register of Cultural Heritage Properties as per the Committee's 2017 Workplan approved by Council;

AND WHEREAS these updates include the removal of the White/Augustine house that is no longer designated, and the addition of the Narrows Lighthouse on Lighthouse Island on Lake Muskoka designated by Council;

AND WHEREAS these updates also include updated general information and textural corrections; and

BE IT RESOLVED THAT Council approve the updates as presented in Report No. DEV Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

2017-90 to the Municipal Register of Cultural Heritage Properties as consulted with the Municipal Heritage Committee.

CARRIED

4. Noise Exemption - TransCanada Report No. LEG 2017-09

Moved by Councillor Watson Seconded by Councillor Lorenz

#165 BE IT RESOLVED THAT TransCanada be exempt from the Town of Gravenhurst Noise By- law, 2005-29. Section 4, Schedule 1 (b) from September 1, 2017 to November 30, 2017 to allow for night time and weekend construction work at the following location:

• Line 100-1 and Line 100-2, Severn River

CARRIED

I By-laws

Having declared a conflict of interest, Councillor Pilger did not vote on By-law No. 2017-98 Zoning (Hooshley - Frank Cooper Trail).

Having declared a conflict of interest, Mayor Donaldson did not vote on By-law No. 2017-101 Zoning (Camick - Sparrow Lake Route D).

Moved by Councillor Watson Moved by Councillor Kelly

#166 BE IT RESOLVED THAT the following by-laws be read a first time:

Bill No. 97 Zoning (Fulton - Turtle Lake) Bill No. 98 Zoning (2427031 Ontario Inc. - Sophers Landing Road) Bill No. 99 Zoning (Hooshley - Frank Cooper Trail) - voted separately CARRIED Bill No. 100 Zoning (Sterling - Lake Muskoka) Bill No. 101 Zoning (McIntyre - Severn River) Bill No. 102 Zoning (Camick - Sparrow Lake Route D) -voted separately CARRIED Bill No. 103 SRC (Kemper / Giles et al. - Riley Lake) Bill No. 104 Deeming (Dorn - Loon Lake) Bill No. 105 Heritage Designation of Narrows Lighthouse (Lighthouse Island - Lake Muskoka)

CARRIED

Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

Moved by Councillor Lorenz Seconded by Councillor Kelly

#167 BE IT RESOLVED THAT the following by-laws be read a second time:

Bill No. 97 Zoning (Fulton - Turtle Lake) Bill No. 98 Zoning (2427031 Ontario Inc. - Sophers Landing Road) Bill No. 99 Zoning (Hooshley - Frank Cooper Trail) -voted separately CARRIED Bill No. 100 Zoning (Sterling - Lake Muskoka) Bill No. 101 Zoning (McIntyre - Severn River) Bill No. 102 Zoning (Camick - Sparrow Lake Route D) -voted separately CARRIED Bill No. 103 SRC (Kemper / Giles et al. - Riley Lake) Bill No. 104 Deeming (Dorn - Loon Lake) Bill No. 105 Heritage Designation of Narrows Lighthouse (Lighthouse Island - Lake Muskoka)

CARRIED

Moved by Councillor Colhoun Seconded by Councillor Eiter

#168 BE IT RESOLVED THAT the following by-laws be read a third and final time and engrossed into the By-law Book:

By-law No. 2017-96 Zoning (Fulton - Turtle Lake) By-law No. 2017-97 Zoning (2427031 Ontario Inc. - Sophers Landing Road) By-law No. 2017-98 Zoning (Hooshley - Frank Cooper Trail) -voted separately CARRIED By-law No. 2017-99 Zoning (Sterling - Lake Muskoka) By-law No. 2017-100 Zoning (McIntyre - Severn River) By-law No. 2017-101 Zoning (Camick - Sparrow Lake Route D) -voted separately CARRIED By-law No. 2017-102 SRC (Kemper / Giles et al. - Riley Lake) By-law No. 2017-103 Deeming (Dorn - Loon Lake) By-law No. 2017-104 Heritage Designation of Narrows Lighthouse (Lighthouse Island Lake Muskoka)

CARRIED

J Adoption of Minutes

1. Planning Council Minutes - July 25, 2017

Moved by Councillor Colhoun Seconded by Councillor Watson

Town of Gravenhurst - Planning Council Meeting Minutes Date: August 22, 2017

#169 BE IT RESOLVED THAT the minutes of the Council meeting dated July 25, 2017 be approved as circulated.

CARRIED

K Closed Session

L Report from Closed Session

M Confirming By-law

Moved by Councillor Pilger Seconded by Councillor Lorenz

#170 BE IT RESOLVED THAT Bill No. 106 to confirm the Council Meetings held on August 22, 2017 be passed and numbered By-law No. 2017-105.

CARRIED

N Adjournment

Moved by Councillor Watson, seconded by Councillor Pilger, the meeting adjourned at 7:08 p.m.

Clerk Mayor