Town of Gravenhurst - Planning Council Agenda January 24, 2017 at 5:00 PM
Agenda Item Page No.
A. Closed Session
B. Adoption of Agenda Recommendation: BE IT RESOLVED THAT the Council agenda as presented on January 24, 2017 be approved as circulated/amended.
C. Disclosure of Pecuniary Interest
D. Public Meetings 5:00 p.m. 1. ZA 03-2016 (Pollard - Kahshe River) 4 - 9 Report No. DEV 2017-03
2. ZA 27-2016 (Brigadoon Resort Inc. - Sparrow Lake) 10 - 21 Report No. DEV 2017-04
3. ZA 32-2016 (Shrott & Shrott-McKinnon - Lake Muskoka) 22 - 27 Report No. DEV 2017-05
4. ZA 35-2016 (Stanhope Investments Ltd - Reay Road) 28 - 35 Report No. DEV 2017-06
5. ZA 36-2016 (Lague - North Muldrew Lake) 36 - 41 Report No. DEV 2017-07
6. ZA 38-2016 (Goldenberg - Lake Muskoka) 42 - 47 Report No. 2017-08
7. SRC 06-2014 (Kudlak, Robert - Riley Lake) 48 - 51 Report No. DEV 2017-12
E. Deputations
F. Minor Amendment Resolutions
G. Unfinished Business Town of Gravenhurst - Planning Council Date: January 24, 2017 1. ZA 32-2015 (Hopper - Sparrow Lake) 52 - 58 Report No. DEV 2017-09
H. New Business 1. Muskoka Airport - Governance Review Comments 59 - 61 Report No. DEV 2017-10
Recommendation: WHEREAS InterVISTAS Consulting has been retained to undertake a governance review of the Muskoka Airport and have reached out to the Town of Gravenhurst for formal comments; AND WHEREAS one of the purposes of a two- tiered system of government is to ensure that large ticket services, including the Muskoka Airport, are attainable and affordable; NOW BE IT RESOLVED THAT Council recommend that the Muskoka Airport remain in the ownership of the District Municipality of Muskoka; AND THAT a separate decision-making board be established to operate the airport based on a defined vision and business strategy.
2. Single Source Selection - MRC Real Estate Services 62 - 63 Report No. DEV 2017-11
Recommendation: BE IT RESOLVED THAT Council authorize a Single Source Selection of Deloitte for real estate advisory services relating to the acquisition/disposition of the Muskoka Regional Centre for the Town of Gravenhurst.
I. By-laws 1. By-law No. 2017-06 Zoning (Pollard - Kahshe River) 64 - 65
2. By-law No. 2017-07 Zoning (Brigadoon Resort Inc. - Sparrow Lake) 66 - 68
3. By-law No. 2017-08 Zoning (Shrott and Shrott-McKinnon - Lake 69 - 70 Muskoka)
4. By-law No. 2017-09 Zoning (Stanhope Investors Ltd. - Reay Road) 71 - 72
5. By-law No. 2017-10 Zoning (Lague - North Muldrew Lake Road) 73 - 75
6. By-law No. 2017-11 Zoning (Goldenberg - Lake Muskoka) 76 - 77
7. By-law No. 2017-12 Zoning (Hopper - Sparrow Lake) 78 - 80
Page 2 of 103 Town of Gravenhurst - Planning Council Date: January 24, 2017
8. By-law No. 2017-13 OMB Order PL110213 81 - 94
9. By-law No. 2017-14 Shore Road Closing (Kudlak - Riley Lake) 95 - 96
10. By-law No. 2017-15 Municipal Enforcement Officer (Public Works) 97
J. Adoption of Minutes 1. Planning Council Minutes - November 22, 2016 98 - 103
Recommendation: BE IT RESOLVED THAT the minutes of the Council meeting dated November 22, 2016 be approved as circulated.
K. Closed Session
L. Report from Closed Session
M. Confirming By-law Recommendation: BE IT RESOLVED THAT Bill No. 15 to confirm the Council Meeting held on January 24, 2017 be passed and numbered By-law No. 2017-16.
N. Adjournment
Page 3 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Katie Kirton, Manager of Planning Services Date: January 24, 2017
B/02/2016/GR & ZA 03-2016; POLLARD, Gloria Subject: Report No. DEV 2017-03
RECOMMENDATIONS
Based on the analysis contained below, Development Services staff recommends:
THAT application ZA 03-2016 be approved.
PURPOSE
The purpose of this report is to provide background information and recommendations related to Consent application B/02/2016/GR and Zoning By-law Amendment Application No. ZA 03- 2016.
The Consent application was submitted to permit a lot addition to the benefitting lands to the west. The lot addition would add adequate land to the benefitting lands to allow for a development envelope. A Right-of-way will also be reserved across the severed lands in favour of the retained lands to maintain driveway access. No new lots will be created as a result of this application.
The Zoning Amendment would change the Rural (RU) Zone to a Residential Waterfront (RW- 6) Zone on the severed and retained lands in order to bring the lands into conformity with the Waterfront Area designation under the Town Official Plan. A location map and sketch are attached.
PROPERTY INFORMATION a) Lot Dimensions:
Retained Severed Benefitting Lot Area: 1.6 hectares 1.3 hectares 0.2 hectares Lot Frontage: 200.0 metres 60.0 metres 40.0 metres
Page 4 of 103 Report to: Planning Council Report Title: B/02/2016/GR & ZA 03-2016 Date: January 24, 2017 b) Servicing:
Private water supply and private sewage system. c) Access:
Privately maintained road: Unnamed private road accessed from Highway 11 d) Fish Habitat:
The property is located adjacent to Type 1 fish habitat and unidentified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. e) Site Inspection and Characteristics:
A site inspection was conducted on July 29th, 2016 by Jeremy Rand. f) Surrounding Land Uses:
The surrounding uses are residential waterfront. g) Shore Road Allowance:
Not applicable.
ANALYSIS & OPTIONS
Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.
Provincial Policy Statement
The application, as submitted, is consistent with the Provincial Policy Statement.
Official Plan Policies
The property is designated Waterfront Area and Natural Heritage Area, as identified in the Town of Gravenhurst Official Plan.
More specifically, the following Sections are considered to be the most notable in the review of this application.
Page 5 of 103 Report to: Planning Council Report Title: B/02/2016/GR & ZA 03-2016 Date: January 24, 2017
Section D contains policies for the Waterfront Area. The proposal would meet the policies of Section D related to character and preservation of vegetation and natural features and any future proposed development would meet all requirements of the Residential Waterfront (RW- 6) Zone.
Sections G & I of the Official Plan contain policies related to Natural Heritage Areas and other environmental features including Fish Habitat, Species at Risk and Significant Wildlife Habitat. An Environmental Impact Statement (EIS), including a Peer Review at the discretion of the applicant was submitted in support of the application. The EIS confirmed that the proposal and proposed future development of the resultant severed and benefitting lot would not have a negative impact on any significant environmental features. Furthermore, the entire shoreline is zoned Environmental Protection (EP) and therefore no buildings or structures would be permitted within this zone.
Zoning By-law 10-04
Current Zoning: Residential Waterfront (RW-6), Rural (RU) and Environmental Protection (EP)
Proposed Zoning: Residential Waterfront (RW-6) and Environmental Protection (EP)
The proposed amending Zoning By-law would have the effect of zoning the lands currently zoned Rural (RU) to Residential Waterfront (RW-6) to bring the zoning into conformity with the Waterfront Area Official Plan designation. The shoreline will remain Environmental Protection (EP) with no proposed changes to the EP zone boundary.
CONSULTATION
The subject property has been posted. Additionally, all neighbouring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended.
COMMUNICATIONS PLAN
Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended.
Page 6 of 103 Report to: Planning Council Report Title: B/02/2016/GR & ZA 03-2016 Date: January 24, 2017
ATTACHMENTS
1. Key Map 2. Sketch
RESPECTFULLY SUBMITTED BY:
Author: Katie Kirton, Manager of Planning Services Approved by: Scott Lucas, Director of Development Services
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Page 7 of 103 KEY MAP
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KAHSHE RIVER
Proposed Concurrent Consent Application B/02/2016/GR and Zoning Amendment Application ZA#03-2016 POLLARD, Gloria Part of Lot 18, Range EMR in the former Township of Morrison ® now in the Town of Gravenhurst District Municipality of Muskoka 0 60 120 240 360 480 Metres Being Parts 5 to 8, Plan 35R-12814 and Parts 2 and 3, Plan 35R-14859 11:7:7,0,000 Municipally known as 1708 Highway 11 North Roll Nos. 030-004-01402 & 030-004-01500
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Page 9 of 103 S C H E D U L E Proposed Concurrent Consent and Zoning Amendment
Application Nos. B/02/2016/GR - and ZA 03-2016 POLLARD, Gloria Part of Lot 18, Range EMR (Kahshe Lake)
in the former Township of Morrison now in the Town of Gravenhurst F District Municipality of Muskoka Being Parts 5 to 8, Plan 35R-12814 And Parts 2 and 3, Plan 35R-14859
municipally known as 1708 Highway 11 North 0 Roll Nos. 030-004-01402 & 030-004-01500
Date: January 3, 2017
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3, . THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Katie Kirton, Manager of Planning Services Date: January 24th, 2017
ZA 27-2016; BRIGADOON RESORT INC. Subject: Report No. DEV 2017-04
RECOMMENDATIONS
Based on the analysis contained below, Development Services staff recommends:
THAT Council defer application ZA 27-2016 pending additional consultation with the applicant’s agent and to address concerns raised through comments received.
PURPOSE
The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA 27-2016.
The application was submitted in order to remove Special Provision 303 (S303) from the Commercial Waterfront Zone (CW-8) and to apply Special Provision 1097 (S1097) in order to clarify the wording of the existing Special Provision as it applies to the subject lands. The new Special Provision would clarify that the existing Lot Coverage is applicable to both new construction and additions to existing Buildings and Structures. The wording would further clarify that the Sparrow Lake Flood Elevation is not applicable to the existing Lot Coverage permission.
PROPERTY INFORMATION a) Lot Dimensions:
Lot Area: 1.7 hectares Lot Frontage: 68.5 metres b) Servicing:
Private water supply and private sewage system. c) Access:
Municipally maintained road: Kilworthy Road
Page 10 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
d) Fish Habitat:
The property is located adjacent to Type 1 fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands.
The applicant submitted an Environmental Impact Statement (EIS) in support of the application with mitigation measures including revegetation along the creek and vegetation retention along the shoreline. e) Site Inspection and Characteristics:
A site inspection was conducted on September 29, 2016 by Katie Kirton and Jeremy Rand.
The property is developed with 13 modest sized Dwellings and some accessory structures. While natural areas exist on the property, the property is mainly cleared with a creek bisecting the property and a beach at the shoreline. f) Surrounding Land Uses:
The surrounding land uses are a mix of residential, commercial and institutional. g) Shore Road Allowance:
Owned.
ANALYSIS & OPTIONS
Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.
Provincial Policy Statement
Additional review of the application is warranted to determine consistency with the Provincial Policy Statement (PPS).
Notwithstanding the above, the following sections are considered most notable in the review of this application:
1.1.5.2 On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) limited residential development; d) home occupations and home industries; e) cemeteries; and f) other rural land uses.
Page 11 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
Under the Provincial Policy Statement the subject lands are considered to be Rural Lands. Resource- based recreational uses, which include recreational dwellings, are permitted on Rural Lands.
1.1.5.3 Recreational, tourism and other economic opportunities should be promoted.
The property is a resort development which provides recreational and tourism opportunities.
1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted.
1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure.
No additional municipal services or expansion to existing infrastructure is required for the application. A review of the private sewage system and approval through the Ministry of Environment and Climate Change would likely be required, depending on the nature of proposed expansion.
2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.
2.1.4 Development and site alteration shall not be permitted in: a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands.
The entire shoreline is considered a Provincially Significant Wetland (PSW), as Identified by the Ministry of Natural Resources and Forestry. An Environmental Impact Statement (EIS) has been submitted in support of the application. The report recommends additional revegetation of the site along the creek and the retention of existing vegetation along the shoreline.
3.1.2 Development and site alteration shall not be permitted within: a) the dynamic beach hazard; b) defined portions of the flooding hazard along connecting channels (the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers); c) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding.
Page 12 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
3.1.4 Despite policy 3.1.2, development and site alteration may be permitted in certain areas associated with the flooding hazard along river, stream and small inland lake systems:
a) in those exceptional situations where a Special Policy Area has been approved. The designation of a Special Policy Area, and any change or modification to the official plan policies, land use designations or boundaries applying to Special Policy Area lands, must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources prior to the approval authority approving such changes or modifications; or b) where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non- structural uses which do not affect flood flows.
The majority of the property is located below the identified Flood Elevation of 215.0 metres. The applicant has submitted a report in support of the application from Duke Engineering. The report outlines how building additions or new buildings will be required to be constructed as per the Ontario Building Code. It further outlines how to offset the displaced water volume as a result of new construction through flood plain balancing.
Staff would recommend additional consultation on how the proposed development rights would be consistent with the PPS, specifically in relation to permitting additional development rights below the regulatory Flood Elevation, where minor additions may be permitted (policy 3.1.4 (b)). As proposed, relieving the subject lands from the Flood Elevation requirement would potentially permit an additional 790.5 square metres (8,508.8 square feet) of additional Lot Coverage. This would represent an increase of approximately 83% in potential additional Lot Coverage, subject to all other requirements including vegetation requirements and septic suitability. Staff are of the opinion that such an increase would not constitute a “minor addition” and would recommend that the application be deferred to allow additional consultation with the applicant’s agent.
Official Plan Policies
The property is designated Waterfront Area, as identified in the Town of Gravenhurst Official Plan.
More specifically, the following Sections are considered to be the most notable in the review of this application.
D1.6 TOURIST COMMERCIAL DEVELOPMENT
Tourist commercial development generally includes resorts, inns, camping and cottage rental establishments, and lodges. New tourist commercial developments will require an Amendment to this Plan and the Zoning By-law. Site Plan Control shall apply to new tourist commercial development and redevelopment or expansions of existing tourist commercial developments. New recreational vehicle or travel trailer parks shall not be permitted.
Page 13 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
Resort developments that combine accommodation and other commercial uses shall require an Amendment to this Plan and the Zoning By-law. Innovative forms of registration shall be promoted. These uses shall generally include on-site management, and may also include recreational amenities, dining facilities, retail uses and have accommodation units available for lease or rent to the public.
The property is currently a tourist commercial use which is not proposed to change. The effect of the by-law would be to allow an expansion of the existing use.
Servicing of such developments shall comply with Section J5 of this Plan and the requirements of the Official Plan of the Muskoka District Area.
Existing tourist commercial uses shall be supported and encouraged to expand their operations and facilities in order to adapt to changing conditions and provide year-round services. The implementing Zoning By-law will zone existing commercial uses to permit a reasonable degree of expansion prior to requiring an Amendment to the Zoning By-law. Major expansions to existing tourist commercial uses shall require an Amendment to the Zoning By-law.
Conversion of existing tourist commercial uses to residential uses is discouraged. Prior to considering an application to amend the Zoning By- law to permit redevelopment of the lands for residential uses, Council shall be satisfied that a report has been prepared by the applicant and approved by the Town which demonstrates that the change in use has a positive long-term impact on the economy and the environment and does not negatively impact the availability of tourist accommodation in the Town and District.
Tourist commercial development may be permitted on the basis of 6.0 metres per unit frontage on the waterbody and a maximum density that does not exceed 10 units per hectare where a unit is defined as a rental cottage or a camp site, or room in a hotel, motel, lodge or similar arrangement of units.
Densities up to 25 percent in excess of these requirements on a single property may be permitted through an Amendment to the Zoning By-law subject to the developer entering into a Site Plan Agreement with the Municipality that requires the development of additional facilities such as a golf course, swimming pools or other significant land based recreational facilities. New tourist commercial uses shall not be permitted on lakes that have a surface area of less than 20.0 hectares unless the development plan includes the entire shoreline of the lake, excluding Crown land.
No additional units are proposed. The application is to clarify the existing Special Provision on the site, allowing for some expansion of the use. Staff would recommend additional consultation to determine how much expansion would be appropriate for the site.
Page 14 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
D2.1 PRESERVATION OF VEGETATION
New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and litteral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees.
As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline.
An EIS was submitted in support of the application. The recommendations contained in the report, including revegetation and vegetation retention would be implemented through Site Plan Control.
D2.2 CHARACTER OF THE SHORELINE ENVIRONMENT
Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area. Council will adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies. The Zoning By-law implementing this Official Plan will include regulations that will:
a) limit lot coverage within 20.0 metres of the shoreline; b) require the shoreline area and 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area; c) limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line; d) limit the size of marine related structures relative to the amount of shoreline frontage of the lot; e) limit the size of boathouses relative to the lot area within 20.0 metres of the shoreline and the height of boathouses to one storey; and, f) prevent the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock.
These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area by 50 percent or more.
Council may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration.
Page 15 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
All proposed development would be located a minimum of 23.0 metres (existing) from the shoreline. No additional shoreline development is proposed at this time.
I1.4.1 Wetlands
It is the policy of this Plan to protect all wetlands whether Provincially significant, regionally significant, locally significant or otherwise. All wetlands shall be protected and maintained in a natural state. Wetland re-establishment at the expense of those responsible for the loss of wetland will be encouraged if loss or degradation occurs.
An Environmental Impact Statement shall be required where development is proposed within 120.0 metres of any Provincially significant wetland or within 30.0 metres of any other wetland, as identified on Schedule B. Development adjacent to wetlands shall only be permitted if it can be demonstrated that it will not result in a negative impact on the wetland.
No development or site alteration shall be permitted in Provincially significant wetlands.
With the concurrence of MNR, wetland boundaries can change, and boundary verification or re- evaluation may be necessary from time to time.
Existing agricultural uses are permitted within wetlands except identified Provincially significant wetlands. Where agricultural uses are permitted, best management practices should be employed to protect and enhance the wetland features.
The entire shoreline is identified as a Provincially Significant Wetland. An EIS was submitted in support of the application as the proposed development is located on adjacent lands. No development is proposed in the PSW.
I1.4.4 Fish Habitat
Water resources and vegetation abutting watercourses will be maintained in a clean and healthy condition in order to protect aquatic life, habitat, and functions. Development and site alteration may be permitted adjacent to fish habitat areas only if it has been demonstrated through an EIS that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. Development adjacent to fish habitat areas shall demonstrate the following to the satisfaction of Council:
a) net gain or no net loss of productive capacity of fish habitat; b) maintenance of minimum base flow of watercourses; c) maintenance of existing watercourses in a healthy natural state; d) best available construction and management practices shall be used to protect water quality and quantity, both during and after construction. Treatment of surface run-off to maintain
Page 16 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
water quality and hydrological characteristics in receiving watercourses shall meet the standards established by the authorities having jurisdiction; e) new waterfront lots shall have a minimum of 5.0 metres of shoreline access that is not adjacent to Type 1 Fish Habitat; f) development proposed within 30.0 metres of a Type 1 or unknown Fish Habitat shall be accompanied by a supporting study (Aquatic Impact Statement) which examine the potential negative impact of the development on the Fish Habitat and potential mitigation measures available to limit the impact of the development on the Fish Habitat; g) all waterfront lots are encouraged to maintain a natural shoreline buffer; and, h) lots located adjacent to Type 1 Fish Habitat Areas shall be subject to Site Plan Control.
The supporting EIS reviewed fish habitat along the shoreline and the creek. Mitigation measures including vegetation retention and replanting will be implemented through Site Plan Control to ensure there will be minimal impact to Fish Habitat.
I1.4.8 Flood Plains
The following development criteria shall apply to development proposed within the flood plain area. The flood plain is defined by the most up to date mapping or other information provided by the Provincial or Federal government or other technical studies undertaken by a qualified professional. The delineation of flood plains will, where possible, be incorporated into the implementing zoning by- law.
a) Within the Town of Gravenhurst, Flood Plain Areas along the Severn River have been determined and identified. It shall be the policy of this Plan to prevent further habitable development within the Flood Plain Areas floodway and to minimize development in flood fringe areas. b) Flood elevations have been defined by MNR for certain lakes as follows:
Sparrow Lake 215.0 metres above sea level Kahshe Lake 242.8 metres above sea level Doe Lake 258.5 metres above sea level Lake Muskoka 226.9 metres above sea level
Areas below these flood elevations shall be subject to the Flood Plains policies of this plan. c) The further delineation of additional Flood Plain and floodway areas will be encouraged and not subject to Amendment to this Plan, subject to the appropriate supporting studies. d) No new habitable building or structure shall be permitted in any area susceptible to flooding and any floodway, except watershed management and flood and erosion control projects and non-habitable accessory buildings, structures, and facilities designed to be flood-proof, and site modifications carried out or supervised by a public agency.
Page 17 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
e) Renovation of existing buildings located in these areas may be permitted provided the structure is flood-proofed to the highest practical extent to the satisfaction of the Municipality and erosion control mechanisms have been instituted on the property.
The majority of the subject lands are located below the Flood Elevation. A report in support of the application was submitted by Dan Duke, a certified Engineer. Flood plain balancing and flood proofing were recommended to ensure that there are no negative onsite or off site impacts. Although an engineering report was submitted in support of the application, staff would suggest that additional consideration should be given to the impact of the proposed expansion and would recommend a deferral.
Zoning By-law 10-04
Current Zoning: Commercial Waterfront (CW-8) subject to Special Provision 303 (S303)
Proposed Zoning: Commercial Waterfront (CW-8), subject to Special Provision 1097 (S1097)
The proposed amending Zoning By-law would have the effect of removing Special Provision 303 (S303) from the Commercial Waterfront Zone (CW-8) and applying Special Provision 1097 (S1097) in order to clarify the wording of the existing Special Provision as it applies to the subject lands. The new Special Provision would clarify that the existing Lot Coverage is applicable to both new construction and additions to existing Buildings and Structures. The wording would further remove the Sparrow Lake Flood Elevation requirement, allowing for a potential expansion of 790.5 square metres. Staff would suggest that further consideration should be given to the appropriate development of the site.
CONSULTATION
The subject property has been posted. Additionally, all neighbouring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended.
COMMUNICATIONS PLAN
Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended.
ATTACHMENTS
1. Key Map 2. Schedule
Page 18 of 103 Report to: Planning Council Report Title: ZA 27-2016 Date: January 24th, 2017
RESPECTFULLY SUBMITTED BY:
Author: Katie Kirton, Manager of Planning Services Approved by: Scott Lucas, Director of Development Services
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Page 19 of 103 KEY MAP
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SPARROW LAKE
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Zoning Amendment Application ZA#27-2016 BRIGADOON RESORT INC. Part of Lot 28, Concession 8 (Sparrow Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of MuTsekxotka ¬ Being Parts 1 to 4, Plan 35R-16553 0 75 150 300 450 600 and Parts 1 andT 4e,x Pt lan 35R-21709 Metres Municipally known as 1617 Kilworthy Road 1:8,000 Roll No. 030 014 02900
Page 20 of 103 S C H E D U L E Proposed Zoning Amendment Application No. ZA 27-2016 BRIGADOON RESORT INC. Part of Lot 28, Concession 8 (Sparrow Lake) in the former Township of Morrison now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 1 to 4, Plan 35R-16553 And Parts 1 and 4, Plan 35R-21709 Municipally known as 1617 Kilworthy Rd Roll No. 030 014 02900 Not to Scale Date: January 3, 2017
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Page 21 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Jeremy Rand, Planner II Date: January 24, 2017 ZA 31-2016; SHROTT, Sydney & Diane and Subject: SHROTT-McKINNON, Renee Report No. DEV 2017-05
RECOMMENDATIONS
Based on the analysis contained below, Development Services staff recommends:
THAT application no. ZA 31-2016 be approved.
PURPOSE
The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA 31-2016.
The application was submitted in order to facilitate the conversion of a Garage into a Dwelling Unit as well as the extension of a Dock. If approved, the application would permit the following:
- A Detached Accessory Dwelling Unit shall be a Permitted Use - A Detached Accessory Dwelling Unit shall have a maximum Height of 1.5 storeys; and - One (1) Dock shall have a maximum Projection of 15.0 metres.
A location map and sketch are attached.
PROPERTY INFORMATION a) Lot Dimensions:
Lot Area: 1.4 hectares Lot Frontage: 27.0 metres b) Servicing:
Municipal water supply and municipal sewage system. c) Access:
District maintained road: Muskoka Road North
Page 22 of 103 Report to: Planning Council ZA 31-2016 January 24, 2017
d) Fish Habitat:
The property is located adjacent to Type 2 fish habitat. e) Site Inspection and Characteristics:
A site inspection was conducted on October 28, 2016 by Jeremy Rand and Katie Kirton.
The subject property contains a Dwelling with Decking, a Garage, and Docking facilities. The area between the Dwelling and the Optimal Summer Water Level is well treed with mature vegetation. The Garage is located behind the Dwelling. The area between the Garage and the roadway are naturalized with a mixture of vegetation. f) Surrounding Land Uses:
Surrounding land uses are residential waterfront in nature consisting of varied and irregular sized lots. The property is located in a small embayment which 3 other properties front onto. Both of the neighbouring properties contain Boathouses which are located at the front of the bay at the opening into the lake. g) Shore Road Allowance:
Owned.
ANALYSIS & OPTIONS
Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.
Provincial Policy Statement
The application, as submitted, is consistent with the Provincial Policy Statement.
Official Plan Policies
The property is designated Waterfront Area – Serviced as identified in Schedule A-1 of the Town of Gravenhurst Official Plan.
More specifically, the following Sections are considered to be the most notable in the review of this application.
Section C1.6.2 b) of the Plan outlines policies related to the Waterfront Area – Serviced designation and states the intent of this designation it to recognize waterfront development that was historically developed on private services and is not on full municipal services. This
Page 23 of 103 Report to: Planning Council ZA 31-2016 January 24, 2017
designation will ensure that the existing built form and character is maintained and not intensified beyond the existing character of the Waterfront Area – Serviced (designation).
It should be noted that the subject lands are currently zoned Residential Two Zone (R-2). This zone already permits an Accessory Dwelling Unit within the existing Dwelling. As the Accessory Dwelling Use is being located within an existing Garage, staff are of the opinion that the application would conform with this section of the Official Plan.
Section I 1.4.10 of the Official Plan outlines policies related to boat Channel Protection Areas and states that:
The following development criteria shall apply to lands as identified on Schedule B as boat Channel Protection Area:
a) For the purposes of this Plan, areas on Waterbodies where the distance from shoreline to shoreline is less than 150.0 metres or where the distance from shoreline to shoreline on a river is less than 30.0 metres shall be considered Boat Channel Protection Areas.
b) Boat Channel Protection Areas include narrow channels, bays, inlets and outlets and other areas where development of the shoreline might create a hazard to water travel. Within Boat Channel Protection Areas, the development of docks, boathouses, boat ports or any other shoreline-oriented structure may be restricted to ensure the safe navigation of the waterway. The Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report.
c) Where new lot creation is proposed adjacent to a boat Channel Protection Area, lot frontages may be increased to ensure that the density, water quality, navigation, aesthetics, channel congestion and views are not negatively affected. In addition to increasing the frontage requirements for development, the Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report.
The applicant has submitted a Zoning Amendment Application Report which does not appear to be from a qualified boat traffic specialist. That being said, staff would concur with the report which indicated that the reason for the increased Projection is due to water Depth at the end of the Dock. In addition, the Dock would be located at the end of the private inlet, would comply with the required Side Yard setbacks of the By-law and would appear to not affect boat traffic on adjacent properties. It should be noted that the existing Dock is located too close to the northerly Lot Line. The application would bring the proposed Dock into compliance with Side Yard requirements.
Considering the foregoing, staff are of the opinion that the application would be in conformity with the policies of the Town of Gravenhurst Official Plan.
Page 24 of 103 Report to: Planning Council ZA 31-2016 January 24, 2017
Zoning By-law 10-04
Current Zoning: Residential Two Zone (R-2)
Proposed Zoning: Residential Two Zone (R-2) subject to Special Provision 1099 (S1099)
The proposed amending Zoning By-law would have the effect of permitting the following:
- A Detached Accessory Dwelling unit shall be a permitted Use; - A Detached Accessory Dwelling Unit shall have a maximum Height of 1.5 stories; and - One (1) Dock with a maximum Projection of 15.0 metres shall be permitted.
Staff are of the opinion that the application meets the general intent of Zoning By-law 10-04.
CONSULTATION
The subject property has been posted. Additionally, all neighbouring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended.
COMMUNICATIONS PLAN
Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended.
ATTACHMENTS
1. Key Map 2. Schedule
RESPECTFULLY SUBMITTED BY:
Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services
JR:ws
Page 25 of 103 KEY MAP
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.çcS —5 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Committee of Adjustment From: Jeremy Rand, Planner II Date: January 24, 2017 B/13/2016/GR & ZA 35-2016; STANHOPE Subject: INVESTORS LIMITED Report No. DEV 2017-06
RECOMMENDATIONS
Based on the analysis contained below, Development Services staff recommends:
THAT Council approve Zoning Amendment Application ZA 35-2016.
PURPOSE
The purpose of this report is to provide background information and recommendations related to Zoning Amendment Application No. ZA 35-2016. The property is legally described as Part of Lot 7, Concession 6, in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka.
The application was submitted concurrently with consent Application B/13/2016/GR which was considered by the Committee of Adjustment on Wednesday, January 18, 2017. A zoning amendment application is required as a recommended condition of approval for the consent, which proposes to create one new lot for residential purposes only.
The application would also rezone a portion of the lands in order to implement the recommendations of an Environmental Impact Statement from RiverStone Environmental Solutions Inc. dated March 2014. The report defines the precise boundaries of significant environmental features on the property which will be implemented through the proposed by-law.
The consent application was submitted in order to create one new rural residential lot. A location map and sketch are attached.
PROPERTY INFORMATION a) Lot Dimensions: Severed Retained Lot Area: 1.159 hectares 217.04 hectares Lot Frontage: 147.0 metres Irregular
Page 28 of 103 Report to: Planning Council ZA 35-2016 January 24, 2017 b) Servicing:
Private water supply and private sewage system. c) Access:
Municipally maintained road: Reay Road d) Site Inspection and Characteristics:
A site inspection was conducted on December 9, 2016 by Jeremy Rand and Katie Kirton.
The severed lands contain a single detached dwelling and decking. The property is mainly vegetated outside of development areas. There is a large wetland to the rear of the severed lands.
The retained lands contain mainly naturalized forest and wetlands, trails for Buckwallow Cycling Centre, as well as, cross country skiing trails for the KOA Campground. e) Surrounding Land Uses:
Surrounding land uses are rural in nature. The KOA Campground is located across from the subject lands on Reay Road. f) Shore Road Allowance:
Not applicable.
ANALYSIS & OPTIONS
Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.
Provincial Policy Statement
As the natural heritage features of the property have been evaluated and are proposed to be excluded from development as per the Environmental Impact Statement (EIS) prepared by RiverStone Environmental Solutions Inc. and through Environmental Protection (EP) Zoning, the application, as submitted, would appear to be consistent with the Provincial Policy Statement.
Official Plan Policies
The property is designated Rural Area, in part and Natural Heritage Area, in part as identified in the Town of Gravenhurst Official Plan. Schedule B of the Official Plan identifies Wetlands, as well as, a Muskoka Heritage Area on the subject lands.
Section E1.6 states that new lots shall be of a size suitable for the sustainable operation of private water and sewage disposal systems. New lots for residential purposes shall be at least 1.0 hectare in area unless it is demonstrated by a hydro-geological study, completed to the
Page 29 of 103 Report to: Planning Council ZA 35-2016 January 24, 2017 satisfaction of the approval authority, that a smaller lot size is sustainable and will not adversely impact the water quality or quantity on adjacent lands. The minimum lot size shall be 0.4 hectares. Unless specified elsewhere in the Plan, new lots shall have frontage on a year round publicly maintained road.
In order to implement the Growth Management policies of this Plan it is anticipated that approximately five new lots will be created in the Rural Area annually, reviewed within the time horizon of this Plan.
New rural residential lots shall be limited to a maximum of 3 lots per original 40.0 hectare lot. Consideration for additional lots may be given where the proposed lot is located between two existing dwellings that are less than 100.0 metres apart or within an existing rural cluster of houses where there are more than 6 dwellings within a distance of 400.0 metres.
Where new lots are created for uses that require setbacks and buffers from adjacent land uses, the setbacks and buffers shall be provided on the lot on which the use is located.
Residential development, other than development on existing lots or draft plan approved lots and other forms of development that may be incompatible with the aggregate operation will not be permitted to establish within 120.0 metres of approved extractive locations.
New lots shall not result in increased demands on municipal services such as roads, snowplowing, fire and police protection or community services such as schools and recreational services.
The purpose of the consent application is to create on new lot for residential use. The consent zoning amendment application would limit the uses on the proposed lot to residential uses only as well as defining the precise boundaries of the wetland identified in the Riverstone Environmental Solutions Inc. report.
Section G of the Plan relates to Natural Heritage Areas and states that the alteration of the physical and/or biological features of lands designated Natural Heritage Area shall be prevented wherever possible. In those cases where the alteration to any Natural Heritage Area is proposed, it shall be supported by appropriate justification in the form of an Environmental Impact Statement as described in Section I1.4.29 (Environmental Impact Statement) of this Plan and shall first be justified in terms of need and an examination of possible alternatives to the alteration. Development is not permitted in Provincially Significant wetlands.
The precise boundary of any Natural Heritage Area shall be determined as a component of an Environmental Impact Statement or Site Evaluation Report. Until such an evaluation is complete, no development shall be undertaken within a Natural Heritage Area or on the adjacent lands. Adjacent lands are the lands adjacent to a Natural Heritage Area where the potential impacts of a development proposal must consider Policies regarding adjacent lands found in Section I1.4.31.
Not all of the natural heritage features in the Town have been designated Natural Heritage Area or incorporated on the Land Use Schedules at the date of the adoption of this Plan. As new information becomes available, additional lands may be incorporated into the Natural Heritage
Page 30 of 103 Report to: Planning Council ZA 35-2016 January 24, 2017 Area designation as part of the five-year review or as an Amendment to the Official Plan required by the Planning Act.
Any application for the redesignation of an area of private lands designated Natural Heritage Area may only be given due consideration where it is established to the satisfaction of Council through an Environmental Impact Statement that the lands are not part of an environmental feature and any development will not have negative impacts on the environmental features or function of the area. The scale and the content of the required studies shall be determined at the time the development is proposed. The extent of the adjacent lands may be increased or decreased depending on the feature and the nature of the proposed development.
Nothing in this Official Plan shall be construed to imply that Natural Heritage Area lands are free and open to the general public or that such areas will be purchased by the Town or any other public agency. Lands designated Natural Heritage Area shall not be accepted as parkland dedication in the development process. However, the Town will encourage the transfer of Natural Heritage lands to a public authority, a Heritage Foundation, or members of the Ontario Land Trust Alliance or other similar organization.
The boundaries of the Natural Heritage Area designation are delineated in a conceptual manner on Schedules A and A-1 to this Plan. The exact location of the boundaries are intended to be delineated in the implementing Zoning By-law in accordance with detailed mapping provided by the Province or as produced by the Town, and will not require an Amendment to this Plan.
The Zoning By-law shall incorporate general setbacks for lot lines, buildings, structures, parking areas and other similar facilities from lands designated Natural Heritage Area in relation to the extent and severity of the natural environmental features and ecological functions of the area. The Town will evaluate this general setback for specific development applications, as established in the Zoning By-law to provide the appropriate setback required to protect the area from the impacts of construction. A greater setback may be required to reflect site specific circumstances.
The creation of new lots that would fragment Natural Heritage Areas or potentially reduce connectivity between areas shall not be permitted.
The applicant has submitted an Environmental Impact Study (EIS) prepared by RiverStone Environmental Solutions Inc. dated March, 2014. The report sets out the precise location of the biophysical features. While the lands are currently developed with a Dwelling, the report recommends that the Environmental Protection Zone (EP) boundaries be updated to exclude the sensitive features from development.
In consideration of the foregoing, Staff is of the opinion that the application meets the intent and policies of the Town of Gravenhurst Official Plan.
Zoning By-law 10-04
Current Zoning: Environmental Protection Zone (EP), in part, Open Space Zone (OS) in part and Residential Rural Zone (RR-5) subject to Special Provision 773 (S773).
Page 31 of 103 Report to: Planning Council ZA 35-2016 January 24, 2017 Proposed Zoning: Residential Rural Zone (RR-5), in part and Environmental Protection Zone (EP), in part.
The proposed amending Zoning By-law would have the effect of rezoning the severed lands for their intended use, as well as, accurately defining the wetland boundaries as per the Scoped Environmental Impact Study (EIS) prepared by RiverStone Environmental Solutions Inc.
CONSULTATION
The subject property has been posted. Additionally, all neighbouring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended.
COMMUNICATIONS PLAN
Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended.
ATTACHMENTS
1. Key map 2. Schedule
RESPECTFULLY SUBMITTED BY:
Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services
JR:cw
Page 32 of 103 KEY MAP
VII 1 VIII IX 9 13 TS A T R VIII VII A 4 IX M A 7 4 A 1 H VII II I N VI R 2 I 8 VII III P BEAVER CREEK V 3 10 W T RS O VIII HU R 11 N E II T 1 V V III A 5 V 1 R 12 G
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T IV IV I 7 I 18 1 I II O 4 11 IV III 16 I M II 10 2 1 III I 9 N III G MAPLE COVE 13 A III 14 S III DOE LAKE Proposed Concurrent Consent Application B/13/2016/GR and Zoning Amendment Application ZA 35-2016 STANHOPE INVESTORS LIMITED Part of Lots 9 to 10, Concession 5 and Parts of Lots 7 to 11, Concession 6 Text ¬ in the former Township of Muskoka now in the Town of Gravenhurst 0 295 590 1,180 1,770 2,360 District MunicipaTleitxyt of Muskoka Metres Being Parts 2 to 5, Plan 35R-19680 1:30,000 Municipally known as 1096 Reay Road Roll No. 020 005 02500
Page 33 of 103 --
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Proposed Concurrent Consent and Zoning Amendment ii Application Nos. B113120161GR II and ZA 35-2016 : STANHOPE INVESTORS LIMITED Part of Lots 9 to 10, Concession 5 I I I II I and Part of Lots 7 to 11, Concession 6 • I in the former Township of Muskoka I, now in the Town of Gravenhurst Disclaimers:
District Municipalityof Muskoka •the scale text on this figure (e.g., 1:1000) is based Being Parts 2 to 5, Plan 35R-19680 this figure has been printed on a different page sizE municipally known as 1096 Reay Road bar is accurate. Roll No. 020 005 02500 should not be used in place of a
Date: January 3, 2016
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, 5coJei75O THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Katie Kirton, Manager of Planning Services Date: January 24th, 2016
ZA 36-2016; LAGUE, Robert & Wendy Subject: Report No. DEV 2017-07
RECOMMENDATIONS
Based on the analysis contained below, Development Services staff recommends:
THAT the application be deferred pending the submission of a Planning Justification Report from a Registered Professional Planner. The Report should address current policies and assess alternative locations for the proposed addition.
PURPOSE
The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA 36-2016.
The application was submitted to add Special Provision 1100 (S1100) to the Residential Waterfront (RW-6B) in order to permit an addition to an existing Dwelling below an existing Deck. The Zoning Amendment would permit a reduced setback from the Optimal Summer Water Level of 10.9 metres instead of the required 30.0 metres and to permit an increase in Dwelling Width from the permitted 14.4 metres to 16.5 metres at the 13.4 metre setback from the Optimal Summer Water Level.
PROPERTY INFORMATION a) Lot Dimensions:
Lot Area: 1.7 hectares Lot Frontage: 76.2 metres b) Servicing:
Private water supply and private sewage system. c) Access:
Privately maintained road: North Muldrew Lake Road
Page 36 of 103 Report to: Planning Council Report Title: ZA 36-2016 Date: January 24, 2017 d) Fish Habitat:
The property is located adjacent to unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands.
Site Inspection and Characteristics:
A site inspection was conducted in December 2016 by Katie Kirton and Jeremy Rand.
The property is well vegetated with mature vegetation. The lot slopes steeply from the front of the Dwelling to the lake. e) Surrounding Land Uses:
The surrounding uses are residential waterfront. f) Shore Road Allowance:
Not applicable.
ANALYSIS & OPTIONS
Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.
Provincial Policy Statement
The application, as submitted, is consistent with the Provincial Policy Statement.
Official Plan Policies
The property is designated Waterfront Area, as identified in the Town of Gravenhurst Official Plan.
More specifically, the following Sections are considered to be the most notable in the review of this application.
D2.1 PRESERVATION OF VEGETATION New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and littoral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees.
Page 37 of 103 Report to: Planning Council Report Title: ZA 36-2016 Date: January 24, 2017
As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake shall be used as an example of how to regulate a disturbed shoreline.
D2.2 CHARACTER OF THE SHORELINE ENVIRONMENT Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area. Council will adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies. The Zoning By-law implementing this Official Plan will include regulations that will: a) limit lot coverage within 20.0 metres of the shoreline; b) require the shoreline area and 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area; c) limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line; d) limit the size of marine related structures relative to the amount of shoreline frontage of the lot; e) limit the size of boathouses relative to the lot area within 20.0 metres of the shoreline and the height of boathouses to one storey; and, f) prevent the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock.
These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area by 50 percent or more.
Council may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration.
It appears that there may be an opportunity to add the proposed screen room to the side or rear of the Dwelling. Staff have requested additional information from the applicant on alternative locations for the addition and planning rationale for the location of the proposed addition. Although the existing Dwelling currently has a non-complying setback of 13.4 metres, there may be an opportunity for the addition to be setback further than the proposed 10.9 metres.
Zoning By-law 10-04
Current Zoning: Residential Waterfront (RW-6B)
Proposed Zoning: Residential Waterfront (RW-6B), subject to Special Provision 1100 (S1100)
Page 38 of 103 Report to: Planning Council Report Title: ZA 36-2016 Date: January 24, 2017
The proposed amending Zoning By-law would have the effect of permitting an addition to an existing Dwelling below an existing Deck. The Zoning Amendment would permit a reduced setback from the Optimal Summer Water Level of 10.9 metres instead of the required 30.0 metres and to permit an increase in Dwelling Width from the permitted 14.4 metres to 16.5 metres at the 13.4 metre setback from the Optimal Summer Water Level.
CONSULTATION
The subject property has been posted. Additionally, all neighbouring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended.
COMMUNICATIONS PLAN
Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended.
ATTACHMENTS
1. Key Map 2. Schedule
RESPECTFULLY SUBMITTED BY:
Author: Katie Kirton, Manager of Planning Services Approved by: Scott Lucas, Director of Development Services
KK:sf
Page 39 of 103 KEY MAP
LOON LAKE
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Zoning Amendment Application ZA#36-2016 LAGUE, Robert and Wendy Part of Lot B, Concession 14 (Muldrew Lake) in the former Township of Wood now in the Town of GravenTheuxrtst ¬ District Municipality of Muskoka Being Parts 1 to 3, Plan 35R-15609 Text 0 115 230 460 690 920 Municipally known as 1855 N. Muldrew Lake Rd. Metres Roll No. 020 043 04200 1:12,000
Page 40 of 103 SCALE Y.."= 12'
S C H E D U L E Proposed Zoning Amendment Application No. ZA 36-2016 LAGUE, Robert and Wendy Part of Lot B, Concession 14 (Muldrew Lake) in the former Township of Wood now in the Town of Gravenhurst District Municipality of Muskoka Being Parts 1 to 3, Plan 35R-15609 Municipally known as 1855 N. Muldrew Lake Rd. Roll No. 020 043 04200 Date: January 3, 2017
LOCATION OF NEW COTTAGE EXISTINGSEPTIC BED NOTE: FORMER COTTAGE EXISTINGSEPTIC TANK REMOVED AS PER PERMIT# 05-347
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EXISTING BOATHOUSE
Page 41 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Jeremy Rand, Planner II Date: January 24, 2017
ZA 38-2016; GOLDENBERG, Hilary J. Subject: Report No. DEV 2017-08
RECOMMENDATIONS
Based on the analysis contained below, Development Services staff recommends:
THAT Application no. ZA 38-2016 be approved.
PURPOSE
The purpose of this report is to provide background information and recommendations related to Zoning By-law Amendment Application No. ZA 38-2016.
The application was submitted in order to facilitate a Dwelling addition. If approved, the application would permit a Lot Coverage of 16.9% instead of the permitted 13.0%, as well as, a minimum Side Yard of 5.0 metres instead of the permitted 6.0 metres.
A location map and sketch are attached.
PROPERTY INFORMATION a) Lot Dimensions:
Lot Area: 1532.8 square metres Lot Frontage: 32.0 metres b) Servicing:
Private water supply and private sewage system. c) Access:
Municipally maintained road: Whitehead Road d) Fish Habitat:
The property is located adjacent to Type 1 fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands.
Page 42 of 103 Report to: Planning Council ZA 38-2016 January 24, 2017 e) Site Inspection and Characteristics:
A site inspection was conducted on December 9, 2016 by Jeremy Rand and Katie Kirton.
The property contains a Dwelling with Decking, Docking facilities and a Garage. The Dwelling is approximately 15.0 metres from the Optimal Summer Water Level. This area slopes steeply toward the water but is well treed and mainly naturalized. f) Surrounding Land Uses:
Surrounding land uses are waterfront residential in nature of varying sizes. Surrounding Dwellings are setback a similar distance to the Optimal Summer Water Level as the existing Dwelling. g) Shore Road Allowance:
Owned.
ANALYSIS & OPTIONS
Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation.
Provincial Policy Statement
The application, as submitted, is consistent with the Provincial Policy Statement.
Official Plan Policies
Section D2.1 of the plan indicates that:
New development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and litteral zone environment. Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees.
As a condition of development or redevelopment restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the Lake
The proposed addition is located to the easterly side of the Dwelling. The addition would not be located closer to the Optimal Summer Water Level than the existing. The side yard is well vegetated and only a small portion of the addition would be located closer to the side lot line than the permitted 6.0 metres. Significant vegetation removal is not anticipated as a result of the addition.
Page 43 of 103 Report to: Planning Council ZA 38-2016 January 24, 2017
Section D2.2 of the Plan states that Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area. Council will adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies. The Zoning By-law implementing this Official Plan will include regulations that will:
a) limit lot coverage within 20.0 metres of the shoreline; b) require the shoreline area and 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area; c) limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line; d) limit the size of marine related structures relative to the amount of shoreline frontage of the lot; e) limit the size of boathouses relative to the lot area within 20.0 metres of the shoreline and the height of boathouses to one storey; and, f) prevent the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock.
These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area by 50 percent or more.
Council may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration.
As the shoreline is well vegetated and the Dwelling would not be coming closer to the water than the existing setback, Staff are of the opinion that the visual impact when viewed from the water would be minimal.
In consideration of the foregoing, staff are of the opinion that the application meets the intent of the Town of Gravenhurst Official Plan.
Zoning By-law 10-04
Current Zoning: Residential Waterfront Zone (RW-6D)
Proposed Zoning: Residential Waterfront Zone (RW-6D) subject to Special Provision 1098 (S1098).
The proposed special provision would permit a Dwelling with a minimum Side Yard of 5.0 metres instead of the permitted 6.0 metres, as well as, lot Coverage of 16.9% instead of the permitted 13.0%.
Page 44 of 103 Report to: Planning Council ZA 38-2016 January 24, 2017
CONSULTATION
The subject property has been posted. Additionally, all neighbouring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended.
COMMUNICATIONS PLAN
Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended.
ATTACHMENTS
1. Key Map 2. Schedule
RESPECTFULLY SUBMITTED BY:
Author: Jeremy Rand, Planner II Approved by: Katie Kirton, Manager of Planning Services
JR:cw
Page 45 of 103 KEY MAP
R O A D 2 9 0 0
SUBJECT PROPERTY
LAKE MUSKOKA
R O A D 3 6 0 0
WH ITEH EAD
R O A D
35 00 LAKE MUSKOKA
Proposed Zoning Amendment Application ZA 38-2016 GOLDENBERG, Hilary J. Part of Lot 26, Concession 7 (Lake Muskoka) in the former Township of Muskoka now in the Town of GravenhTuersxtt ¬ District Municipality of Muskoka Being Part 1, Plan 35R-5315 0 37.5 75 150 225 300 Text Metres Municipally known as 1061 Whitehead Road, #2 Roll No. 020 030 02700 1:4,000
Page 46 of 103 ____
RESIDENTIAL ZONE RW—6D (MUskoko Loke)
COVERAGE AREAS SITE STATISTICS REGULATION EXISTING PROPOSED GARAGE 33.4 (2.2%) LOT AREA as existing 1532.85sm (16,500 xl) 1532.85 am 39.7 NORTH DECK (2.6%) LOT FRONTAGE 32.0 m (105 lest) 32.0 m (105 lest) MISC STEPS 12.5 (0.8%) SUMMER WATER LEVEL SETBACK 30.Om 15.24m 15.24m EXISTING COITAGE 130.7 (8.5%) SIDE YARD SETBACK 6.Om mm. 5.3 WEST/ 8.9 EAST 8.3 WESTJ 5Dm EAST z0 TOTAL EXISTING 216.3 50 M (14.1%) REAR YARD SETBACK lS.Dm mm. 9Dm 9Dm xJ LOT COVERAGE (13 % max) 199.3 Sm max. 216.3 Sm (14.1%) 259.8 Sm (16.9%) r PROPOSED AOOITION 43.5 (2.8%) SHORELINE 0EV. SETBACK 20GM 20Dm 20.Om TOTAL PROPOSED 259.8 SM (16.9%) SHORELINE 0EV. AREA 138.0 Sm max. 133.5 SM 133.5 SM HEIGHT OF BUILDING 7.SOm max. 6.0Dm 6.0Dm
RW ED NUMBER OF BEDROOMS 4 3 4 RESIDENTIAL WATERFRDN T— CDTTAGE NUMBER OF WASHROOMS 2 3
I if 14.66m (48.10’) .L
0 z 0 / PE a 99 B / 5/’ K o Da.0 s.aJ GRAVEL DRIVEWAY/ -/ E.OMET8 1 0 STEPS FILTER 4 EXIST. Page 47 of 103
EXIST.> EDAREAt H DECK>
. J 33.4 SM 7 / / u7 E I o? / / 1.D 18.66M(61) / / GRAVEL DRIVEWAY 43.5SM\PROPOSED\ L ADDITION SLOPE
/ &0 MSETSACK —- L L RW ED C RESIDENTIAL WATERFRONT COTTAGE I!HI]ao i ci U) o.. SRC 06-2014 – KUDLAK, Robert Subject: Report No. DEV 2017-12 RECOMMENDATIONS The Director of Development Services, in consultation with Management staff recommends: THAT the attached By-law be passed by Council. ECONOMIC IMPACT The application fee for an Original Shore Road Allowance closure at the time of receipt was $619.00. The purchase price or consideration fee (rate per running foot of shoreline) at the time of receipt was $52.00. The consideration fee is in a reserve fund account. COMMUNICATIONS PLAN The application has been circulated to internal agencies and the comments received to date do not identify any major concerns. The Notice of the proposed By-law to close, stop up and sell the original shore road allowance was advertised in the Gravenhurst Banner for 2 weeks, commencing December 1, 2016. PURPOSE The purpose of this report is to advise Council of the original shore road allowance closure application and to seek Council’s approval of the By-law. BACKGROUND – ANALYSIS AND OPTIONS The application pertains to the proposed sale of real property as outlined above. The closure is required to allow the registered owner of the abutting lands to acquire ownership of a portion of the original shore road allowance for development purposes. CONSULTATION Members of the Senior Management Team. CONCLUSION Staff is recommending that Council approve the attached By-law in order for the applicant to proceed with the purchase of the Original Shore Road Allowance. Page 48 of 103 Report to: Planning Council Report Title: SRC 06-2014 - KUDLAK Date: January 24, 2017 ATTACHMENTS 1. Draft By-law; 2. GIS Map; and, 3. Survey. RESPECTFULLY SUBMITTED BY: Author: Wanda Speicher, Planning Administrator II Approved by: Scott Lucas, Director of Development Services :ws Page 49 of 103 KEY MAP F I T C H R IL E EY T L T A KE Subject Property RILEY LAKE Proposed Original Shore Road Allowance Closure Application No. SRC 06-2014 Proposed Temporary Licence of Occupation Application No. LO 08-2014 à KUDLAK, Robert Part of Lot 26, Concession 4 (Riley Lake) 0 25 50 100 150 200 in the former Township of Ryde Metres now in the Town of Gravenhurst 11:3:3,1,15757 District Municipality of Muskoka municipally known as 1032 Fitchett Lane Roll No. 040-003-05200 Page 50 of 103 A) I C) • , I’-’ l_ I •Sl I’—, —-—a -S (‘I l6(4i Ok9 Ok4 Lands Y Applicant curienny 2 ‘-tv’rcc; o I%J) c) Page 51 of 103 Owned ProposO Portion ,I%1L._%”,J, of L). Shore be _.r_ CloSed --I-- Road I ‘k - - ( Allownnce Roll Municipai,y District now in Part KUKL4K, Application Application Application Application the No. in of former the Lot Municipality Robert Town 26, known No. for No. to Township Close Concession Temp LO SRC of as Graveflhi.,rst 08-2014 of Original 06-2014 1032 Muskojç of Rycle Licence 4 Pitcheft ;,I ‘‘I Shore I (Riley • of Lane Lake) Road Occupation Allowanc t- ,‘ ‘ I’ . — (N’ THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Jeremy Rand, Planner II Date: January 24, 2017 ZA 32-2015; HOPPER, Stephen Subject: Report No. DEV 2017-09 RECOMMENDATIONS Based on the analysis contained below, Development Services staff recommends: THAT Council approve Zoning Amendment Application No. 32-2015 PURPOSE The purpose of this report is to provide additional information and recommendations related to Zoning By-law Amendment Application No. ZA 32-2015. The application was originally heard in September of 2015 but was deferred pending confirmation that the subject lands are located outside of Provincially Significant Wetland (PSW) as well as the completion of an archaeological assessment of the property. Since that time, confirmation of the lands being located outside of the PSW was received by the Ministry of Natural Resources and Forestry (MNRF). In addition, a satisfactory archaeological assessment has since been received and an amendment has been made to the proposed by-law in order to exclude areas for development as per the report. An application was received to rezone lands located at 1 Island 8SL (Fitton Island). The subject property is currently zoned Environmental Protection Zone (EP). The proposed amending By-law would rezone a portion of the lands to add Special Provision No. 1054 (S1054) in order to permit a 51.0 square metre Deck attached to a Dwelling. PROPERTY INFORMATION a) Lot Dimensions: Lot Area: 0.6 hectares Lot Frontage: 122.4 metres b) Servicing: Private water supply and private sewage system. Page 52 of 103 Report to: Planning Council Report Title: ZA 32-2015 Date: January 24, 2017 c) Access: Water Access only via Sparrow Lake d) Fish Habitat: The property is located adjacent to an unclassified fish habitat. This may affect the availability of a building permit for any shoreline work on the subject lands. e) Site Inspection and Characteristics A site inspection was conducted on July 28, 2015 by Jeremy Rand and Katie Kirton. The subject property contains a Dwelling with Decking as well as a Shed. Along the westerly side of the property, a Boat Port with an upper level habitable space and a Boat Shed exist. f) Surrounding Land Uses: Surrounding land uses can generally be described as waterfront residential in nature. g) Shore Road Allowance: Not Applicable. ANALYSIS & OPTIONS Staff has reviewed and analyzed the application against the following planning documentation, policies and regulations in preparing a recommendation. Provincial Policy Statement The following sections are considered most notable in the review of this application: Section 2.1.4 of the Provincial Policy Statement (PPS) indicates that, Development and site alteration shall not be permitted in: a) Significant wetlands in Ecoregions 5E, 6E and 7E; and b) Significant coastal wetlands. Section 2.1.8 of the Provincial Policy Statement (PPS) indicates that Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5 and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. An Environmental Impact Statement (EIS) by Savanta Inc. has been submitted by the applicant. The EIS concludes that the expanded Deck Area (approx. 28.0 square metres) would not affect ecological Page 53 of 103 Report to: Planning Council Report Title: ZA 32-2015 Date: January 24, 2017 functions within the Environmental Protection Zone. Further, the report indicated that the island does not contain Species at Risk Habitat. Despite Official Plan mapping indicating Provincially Significant Wetland (PSW) on the site, comments received by the Ministry of Natural Resources and Forestry (MNRF) indicate that there are no areas of mapped PSW on the island itself. The MNRF has indicated that they will be altering their mapping to remove the island from the PSW boundary. Official Plan Policies The property is designated Waterfront Area in part and Natural Heritage Area, in part, as identified in the Town of Gravenhurst Official Plan. Schedule B of the Official Plan identifies part of the property as Provincially Significant Wetland. The District of Muskoka has also identified a registered archaeological site on the island. Specifically, the following Sections are considered to be the most notable in the review of this application. Section B4 of the Plan outlines policies related to Cultural Heritage and states that the goal of the Plan is to identify, conserve and enhance the Town’s cultural heritage resources whenever practical and to ensure that all new development and redevelopment occurs in a manner that respects and preserves the Town’s publicly-owned cultural heritage and is universally accessible to all residents and visitors. a) To encourage the development of a comprehensive inventory of the Town’s built heritage and cultural heritage landscape resources. b) To use cultural heritage resources to attract additional economic development, increase tourism opportunities and enhance the character of the Town. c) To ensure that the nature and location of cultural heritage and archaeological resources are known and considered before land use decisions are made. d) To protect and, where possible, preserve to the greatest degree possible, the Town’s cultural and built heritage resources. e) To encourage development that is adjacent to significant cultural heritage resources to be of an appropriate and compatible scale and character. The applicant has submitted a Stage 1 and 2 Archaeological Assessment for the specific area subject to development. The report concludes that no further assessment is required as part of the subject application. If any future developments are considered within the assessed area, the report indicates that an additional assessment would be required prior to any soil disturbing activities. Section D2 of the Plan outlines policies related to Waterfront Development and states that new development shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological Page 54 of 103 Report to: Planning Council Report Title: ZA 32-2015 Date: January 24, 2017 functions of the shoreline and littoral zone environment. Primary development shall be setback a minimum of 30.0 metres from the highwater mark. Site alteration and disturbance of vegetation within 20.0 metres of the shoreline shall be limited to minor alterations to accommodate trails, marine related structures, water pumping equipment or restoration work and limited limbing of trees. As a condition of development or redevelopment, restoration of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the lake shall be used as an example of how to regulate a disturbed shoreline. The Deck subject to the application is located outside of the Shoreline Development Area and no significant vegetation was removed in the construction of the Deck. Section G1 details policies related to the Natural Heritage Area. The Natural Heritage Area represents identified wetland features, identified sensitive and significant environmental features, areas exhibiting significant biodiversity and lands that act as buffers and connections between these areas. In addition, Natural Heritage Areas may include natural hazard lands such as flood plains, steep slopes and organic soils within the Town of Gravenhurst. Section G1.6 indicates that lands adjacent to a Natural Heritage Area should be used for natural buffer areas in order to protect the integrity of the features and ecological functions of the Natural Heritage Area. Section G1.5 covers General Development Policies. This Section states that, Any application for the redesignation of an area of private lands designated Natural Heritage Area may only be given due consideration where it is established to the satisfaction of Council through an Environmental Impact Statement that the lands are not part of the environmental feature and that any development proposed will have no negative impact on the environmental features or function of the area. Section G1.5 also states that, Development is not permitted in Provincially Significant wetlands. While Schedule B of the Official Plan indicates that a Provincially Significant Wetland exists on the property, discussions with the MNRF indicate that there is a mapping error. While the property is surrounded by Provincially Significant Wetland (PSW), there are no identified environmental features located on the property. Section I1.4.31 of the Official Plan defines adjacent lands of a Provincially Significant Wetland as all lands within 120.0 metres of the Provincially Significant Wetland boundary. Section I1.4.1 of the Plan states that an Environmental Impact Statement shall be required where development is proposed within 120.0 metres of a Provincially Significant Wetland or within 30.0 metres of any other wetland, as identified on Schedule B. Development adjacent to Page 55 of 103 Report to: Planning Council Report Title: ZA 32-2015 Date: January 24, 2017 wetlands shall only be permitted if it can be demonstrated that it will not result in a negative impact on the wetland. In consideration of the Environmental Impact Statement as well as comments from MNRF, staff are of the opinion that the proposal meets the intent and policies of the Official Plan. Zoning By-law 10-04 The subject property is currently zoned Environmental Protection Zone (EP). The proposed amending By-law would change the zoning of a portion of the lands to add Special Provision 1054 (S1054) to a portion of the lands in order to permit a 51.0 square metre Deck attached to a Dwelling. CONSULTATION The subject property has been posted. Additionally, all neighboring property owners within 120.0 metres of the subject lands and appropriate agencies have been circulated for comment, as per the requirements of the Planning Act, R.S.O. 1990 as amended. COMMUNICATIONS PLAN Notification has been provided and a Public Hearing has been scheduled in accordance with the Planning Act, R.S.O. 1990, as amended. ATTACHMENTS 1. Key Map 2. Schedule RESPECTFULLY SUBMITTED BY: Author: Jeremy Rand, Planner II Approved By: Katie Kirton, Manager of Planning Services JR:ws Page 56 of 103 KEY MAP K IC M R O C C M L S 1 1 D N A L S Subject Property I SPARROW LAKE L L S S 9 8 D D N N A A L L IS IS Proposed Zoning Amendment ZA#32-2015 HOPPER, Stephen Fitton Island (Sparrow Lake) in the former Township of Morrison à now in the Town of Gravenhurst 0 40 80 160 240 320 District Municipality of Muskoka Metres Municipally known as 1 Island 8SL 11:5:5,0,000 Roll No. 030-012-09700 Page 57 of 103 THIS RLPORT WAS PREPAREDFOR STEPHEN HOPPER SURVEYOR'SREAL PROPERTY REPORT AND ALL OTHER PARTIES TO THE TRANSACTION. " ms unnznsscnsoACCEPTS no ncsponsnauuw ran »v PART 1 us: av ovum PARTIES m rumn: mmsacnons. PLAN OF FITTONISLANDIN SPARROWLAKE J PART 2 9 GEOGRAPHIC TOWNSHIP OF MORRISON ~WWE mwm?mw.1 NCTION wnH su om’ om-:0 JUNE 20. 2013 TOWN OF GRAVENHURST COUNTY OF SIMCOE " 0 5 on 15 20 25 minus *_~"—‘*‘;"'_‘_';j;“' _ m-4;»: 745;. S9l‘I!'I SCALERZSD J.C. STANTON."§.LS.. O.L.|.P. 2013 (L T) 0344 -99 Page 58 of 103 "74:. m.."e"u€.:.*:°.=,°§‘E!35"gI -‘ rxmn nasrAuc£ssHovIu%—:§E5-—a O'u_go013° [;z';:',j %,>PmBEWNETETO “Zn -s.m=_U(—,-O: mssuovnunz 0.5-Q-?auammm r A $3 ????EbE§=*sm38“ H.219 |Iluc°€g‘Dg=- =5] _?_ nm“"'”“o:un."‘a-u‘ 'lur||«E2Ar'1:g:m 1:‘;-1*roN ISLAND ‘ c §C,’:__-55-5'wQ _. "‘C‘-$23 : 3-A =u~m”'”'“':;’‘,n;’-3-’,gj 5- I‘ 1 ALSO KNOWN AS INDIANISLAND %" ‘, 403 § 5';>g9 us °°""m.....""...=...-'.°§=°§n>¢p§‘°|1'| . _.‘ ~ O 2 : = " (0 - uuuauunc -51 O CD93 O 0) gguugus 00 (uusrmnzws) lpm W 1 -3 °a§59.5 anM: ?w=gc’§ 013 Imnrzgjnimn :§3'o\.z (D :§3'E§§-_._-.- 9-;-rEq 3 7 '~‘-'- nauxnans con>5gg- lm n?l?ll?l {re g UHLIA Dln? JIIIIE 20. 20!! DEARDENAND STANTON LTD ONTARIO LAND SURVEYORS CANADA LANDS SURVEYORS CONSULTINGENGINEERS 3 086 89 COLDWATERSTREETEST LSV IWB vnouz(705)325-9521 FAX (705)315-0241 ORILLIA — ONTARIO AND STANTONLTD. 0.1.5. No PERSON mv cow. REPRODUCE.unsmaurzon Anni. ©DEARDEN ru: mus PLAN m wuou:on IN PART wrmourms wnmm PERMISSIONor DEARDENAND SIANTONLTD. 0.1.5. mans C—7761 Tedd. om A - eaaaaaama::a%aaaaaaaaaaaaaaeaa%£aae&aaaaaaaa’ Eat;5 E aaaaaaaangiaaaaaaaaaaaamnnaaaaa THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Glen B. Davies, C.A.O. Date: January 24, 2017 Muskoka Airport – Governance Review Subject: Report No. DEV 2017-10 RECOMMENDATIONS The Chief Administrative Officer, in consultation with the Senior Management Team, recommends the following: WHEREAS InterVISTAS Consulting has been retained to undertake a governance review of the Muskoka Airport and have reached out to the Town of Gravenhurst for formal comments; AND WHEREAS one of the purposes of a two-tiered system of government is to ensure that large ticket services, including the Muskoka Airport, are attainable and affordable; NOW BE IT RESOLVED THAT Council recommend that the Muskoka Airport remain in the ownership of the District Municipality of Muskoka; AND THAT a separate decision-making board be established to operate the airport based on a defined vision and business strategy. PURPOSE This Report is to provide Committee with an update on the status of the governance review at the Muskoka Airport and to inform a recommendation from Committee to be shared with InterVISTAS as input to their consultation. The recommendation would comment on how the District of Muskoka might structure the ownership and decision-making model for the airport. BACKGROUND AND ANALYSIS As Committee may be aware, InterVISTAS Consulting was retained by the District of Muskoka in order to conduct a governance review for Muskoka Airport. As a first step in the process, InterVISTAS engaged municipalities and other stakeholders through in-person meetings to describe the nature of their retainer, the process, and to receive initial comments. Further to these introductory meetings, staff recently had the opportunity to discuss potential alternatives with InterVISTAS and to provide some initial administrative thoughts on how the airport might best be governed. More specifically, when the more detailed conversations were scheduled, they revolved around the following questions/themes: 1. Funding a. How will operating and capital expenditures be funded? 2. Ownership a. Should the District continue to own and operate the airport? b. Or should governance be with a subset of some communities only? c. Or should there be some other ownership and governance format? Page 59 of 103 Report to: Planning Council Report Title: Muskoka Airport – Governance Review Date: January 24, 2017 3. Decision Making a. Are there currently too many layers of administrative control to be effective? b. Would some level of delegation for decision-making be more appropriate? c. Are you aware of any specific examples of decision or investment delays that occurred as a result of the current multi-layered model? 4. Overall Effectiveness of Current Governance Model a. With the current governance model, District Council is called upon to make strategic decisions (for example, key land sales). b. Does the current governance structure effectively help Council with these decisions? c. Or does the process result in Council lacking adequate information? d. Or is Council unduly influenced by individuals in the community? Fundamentally there are a couple of key points that the Town should emphasize as part of this consultation. The first is that we believe that part of the intention behind forming an upper tier government is to allow services that work better at a certain scale to be affordable for the residents of the area. The airport is prime example of a service that would benefit from an upper tier municipality. Collectively the residents of the District can benefit from the close proximity of a functioning airport by contributing at the larger District scale. Which leads to the second fundamental point and that is that any one individual area municipality would not be able to afford the costs associated with that airport on their own. The operating and capital subsidy required to have the airport in place approaches $1million annually and by example that would require a tax increase of approximately 9% in order for Gravenhurst to operate the airport for example. Any single municipality taking over the responsibilities of the airport would not be sustainable, particularly of there is a vision towards growth. These two points have been shared with the consultants. An additional consideration to do with a possible governance model was also shared and is summarized here. It is believed that there is opportunity to improve the effectiveness of the airport through modification of the governance structure, adjustments to the current operational decision-making (government body) to have an “arms-length” board consisting of expertise and/or informed knowledge in airport operations. Such realignment would allow for decision-making to take place based on informed business principles as the airport strives to achieve defined goals. Of course, based on the need for financial subsidy and other support for the forseeable future, boundaries to the role of the “board” would need to be well established with a clear terms of reference. There are further details to be set out in such a model that requires more analysis and conversation but this concept is worth putting forth for consideration. Notwithstanding the decision-making entity, based on the economies of scale and wide-reaching benefits to the entire District of Muskoka, staff would recommend that the ownership of the Muskoka Airport, and therefore risk abider and subsidy provider, should remain with the District Municipality of Muskoka. CONSULTATION In preparation of this report and throughout the project the following parties have been consulted: InterVISTAS Director of Development Services Manager of Economic Development COMMUNICATIONS PLAN Should Committee reach a decision/recommendation on the matter, that resolution would be sent to the District of Muskoka representing the formal comments of the Town. Page 60 of 103 Report to: Planning Council Report Title: Muskoka Airport – Governance Review Date: January 24, 2017 CONCLUSIONS Given the economies of scale in operating the Muskoka Airport, staff would recommend that the ownership of the airport remain with the District Municipality of Muskoka, and that an evaluation take place with an eye to establishing an “arms-length” board for its operation and future business planning. RELATION TO OTHER FORMAL PLANS OR GUIDING LEGISLATION Municipal Strategic Plan o Goal 1 – Build Economic and Employment Opportunities . Working with the District of Muskoka and partners to promote the enhanced use of the Muskoka Airport. o Goal 3 – Build Our Partnerships, Connection & Connectivity Economic Development Strategic Plan RESPECTFULLY SUBMITTED BY: Author: Glen B. Davies, Chief Administrative Officer Page 61 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST To: Planning Council From: Glen Davies, C.A.O. Date: January 24, 2017 Single Source Selection – MRC Real Estate Subject: Services Report No. DEV 2017-11 RECOMMENDATIONS The Chief Administrative Officer, in consultation with the Senior Management Team, recommends: - That Council authorize a Single Source Selection of Deloitte for real estate advisory services relating to the acquisition/disposition of the Muskoka Regional Centre for the Town of Gravenhurst PURPOSE The purpose of this Report is to fulfill a requirement of the Town’s Procurement Policy. Specifically, when a single source selection of a vendor for services exceeding $15,000 is recommended, a Report must be prepared to Council that details the reasons for the approach to selection. ANALYSIS & OPTIONS As indicated in previous staff reports, throughout the negotiation process respecting the Muskoka Regional Centre, it was envisioned that external expertise may be necessary along the way. In fact, this was formally acknowledged through the following Council resolution excerpt: “THAT staff be authorized to allocate funds as necessary to obtain appropriate advice (legal, economic, and otherwise) as part of the consideration and negotiations with proponents and Infrastructure Ontario.” The negotiations have now come to a point where external expertise would be of assistance from an appraisal, negotiation and real estate advice perspective. In that vein, and given that time is of the essence, of note is that the C.A.O. does have a historic professional relationship with a renowned firm in this field, being Deloitte. Deloitte also has extensive experience in working with Infrastructure Ontario on acquisition and significant development projects. Given the past positive relationship amongst other benefits, staff would like to proceed with retaining this firm as soon as possible. From a policy context, and to further assist in understanding the purpose of this report, the following excerpt from the Town’s Procurement Policy is applicable: Page 62 of 103 Report to: Planning Council Report Title: Single Source Selection – MRC Real Estate Services Date: January 24, 2017 “Where a Single Source is proposed, a written report indicating the rationale for a non- competitive selection shall be submitted to Council for approval prior to the award of any contract.” CONCLUSIONS In accordance with the Town’s Procurement Policy, given the C.A.O.’s positive working history with Deloitte amongst other benefits, staff is recommending that Council authorize proceeding with a single source selection of Deloitte for real estate advisory services. ECONOMIC IMPACT While a contract has yet to be finalized, and the precise extent of work required to complete the process is yet to be determined, staff believed that it was appropriate to prepare this Report to Council given the potential for costs to exceed the $15,000 threshold in the Procurement Policy. RELATION TO OTHER FORMAL PLANS OR GUIDING LEGISLATION Municipal Strategic Plan: - Goal 1 “Build Economic and Employment Opportunities” - More specifically, one of the key Objectives (or actions in this case) is to “Lobby for the expedited redevelopment and optimal use of key Gravenhurst properties”. ATTACHMENTS N/A RESPECTFULLY SUBMITTED BY: Authored by: Glen B. Davies, Chief Administrative Officer Page 63 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (POLLARD) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule I08 of Appendix "A" of By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by changing the Rural Zone (RU) to a Residential Waterfront Zone (RW-6), on Part of Lot 18, Range EMR, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 5 to 8 on Plan 35R-12814, and as shown on Schedule "A-1" affixed hereto. 2. Schedule "A-1" is hereby declared to form part of this By-law. 3. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017 MAYOR CLERK Page 64 of 103 This is Schedule “A-1” to By-law 2017 - of the Town of Gravenhurst, passed this day of , 2017. ______NTS Mayor Clerk Lands zoned Residential Waterfront (RW-6) on Part of Lot 18, Range EMR, in the former Township of Morrison, now in the Town of Gravenhurst District Municipality of Muskoka; being Parts 5 to 8, Plan 35R-12814. Roll No. 030-004-01500 Page 65 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (BRIGADOON RESORT INC.) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule I06 of Appendix "A" of By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the deletion of Special Provision 303 (S303) from the subject lands only and the addition of Special Provision 1097 (S1097) to the Commercial Waterfront Zone (CW-8), on Part of Lot 28, Concession 8, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 4, Plan 35R-16553 and Parts 1 and 4, Plan 35R-21709, as shown on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: 1097.Notwithstanding any provisions to the contrary of Sections 5.9.2.5 or 24 of this By- law, within the lands zoned Commercial Waterfront (CW-8) on Schedule I06 of Appendix "A", described as Part of Lot 28, Concession 8, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 4, Plan 35R-16553 and Parts 1 and 4, Plan 35R-21709, the following special provisions shall apply: (i) Regulations: • Section 5.9.2.5 shall not apply; • The minimum sill elevation of all openings in a Habitable Building shall be 215.0 metres; and • The construction of buildings and/or additions shall be permitted, provided that the total lot coverage added does not exceed 186.0 square metres for each 0.4 hectare in lot area of the subject lands. All other provisions of By-law 10-04 as applicable to a Commercial Waterfront Zone (CW- 8) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. Page 66 of 103 By-law 2017- Page 2 (BRIGADOON RESORT INC.) 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017. MAYOR CLERK Page 67 of 103 This is Schedule “A-1” to By-law 2017 - of the Town of Gravenhurst, passed this day of , 2017. ______Mayor Clerk NTS Lands zoned Commercial Waterfront (CW-8), subject to Special Provision 1097 (1097), on Part of Lot 28, Concession 8, in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 4, Plan 35R- 16553 and Parts 1 and 4, Plan 35R-21709. Roll No. 030-014-02900 Page 68 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (SHROTT and SHROTT-MCKINNON) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule D-05 of Appendix "A" of By-law 10-04 of the Town of Gravenhurst, as amended, are hereby further amended by the addition of Special Provision 1099 (S1099) to the lands zoned Residential Two Zone (R-2) on Part of Lot 22, Concession 6, in the former Township of Muskoka, now in the Town of Gravenhurst District Municipality of Muskoka, being Lot 6, Plan M-565 and as shown on Schedule A-1 affixed hereto. 2. Appendix "C" to By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following provisions to Special Provision 1099 (S1099): (i) Additional Permitted Uses: • Detached Accessory Dwelling Unit. (ii) Additional Regulations: • A Detached Accessory Dwelling Unit shall have a maximum height of 1.5 stories; and • One (1) Dock shall have a maximum Projection of 15.0 metres. All other provisions of By-law 10-04 as applicable to a Residential Two (R-2) shall apply. 4. Schedule "A-1" is hereby declared to form part of this By-law. 5. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017. MAYOR CLERK Page 69 of 103 This is Schedule —A-1“ to By-law 2017 - of the Town of Gravenhurst, passed this day of , 2017. ______Mayor Clerk NTS Lands zoned Residential TwoZone (R-2) onPartofLot22, Concession6, inthe formerTownshipofMuskoka,nowinthe TownofGravenhurst,DistrictMunicipalityofMuskoka,beingLot 6, planM-565. Roll No.020-021-04605 Page 70 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (STANHOPE INVESTORS LIMITED) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedules C-07 of Appendix "A" of By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by changing a portion of the lands zoned Environmental Protection Zone (EP) and Open Space Zone (OS) and Rural Residential Zone (RR-5) subject to Special Provision 773 (S773) to Rural Residential Zone (RR-5), as shown blackened on Schedule “A-1” affixed hereto and a portion of the Open Space Zone (OS) and the Rural Residential Zone (RR-5) subject to Special Provision 773 (S773) to Environmental Protection Zone (EP) as shown hatched on Schedule “A-1” on part of Lot 7, Concession 6 in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka and as shown on Schedule “A-1” affixed hereto. 2. Schedule "A-1" is hereby declared to form part of this By-law. 3. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017. MAYOR CLERK Page 71 of 103 This is Schedule “A-1” to By-law 2017 - of the Town of Gravenhurst, passed this day of , 2017. ______Mayor Clerk Lands zoned Residential Rural Zone (RR-5) on Part of Lot 7, NTS Concession 6, in the former township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. Lands zoned Environmental Protection Zone (EP) on Part of Lot 7, Concession 6, in the former township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka. Roll No. 020-005-02500 Page 72 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (LAGUE) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule E03 of Appendix "A" of By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of Special Provision 1100 (S1100) to the Residential Waterfront Zone (RW-6B), on Part of Lot B, Concession 14, in the former Township of Wood, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 3, Plan 35R-15609, and as shown on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: 1100.Notwithstanding any provisions to the contrary of Section 14 or Section 5.7.2.1 (iii) (c) of this By-law, within the lands zoned Residential Waterfront (RW-6B) on Schedule E03 of Appendix "A", described as Part of Lot B, Concession 14, in the former Township of Wood, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 3, Plan 35R-15609, the following special provisions shall apply: (i) Regulations: a) The setback from the Optimal Summer Water Level shall be 10.9 metres for a Dwelling only; and b) The maximum Dwelling Width at 13.4 metres from the Optimal Summer Water Level shall be 16.5 metres. All other provisions of By-law 10-04 as applicable to a Residential Waterfront Zone (RW- 6B) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. Page 73 of 103 By-law 2017- Page 2 (LAGUE) 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017 MAYOR CLERK Page 74 of 103 This is Schedule “A-1” to By-law 2017 - of the Town of Gravenhurst, passed this day of , 2017. ______Mayor Clerk NTS Lands zoned Residential Waterfront (RW-6B), subject to Special Provision 1100 (S1100), on Part of Lot B, Concession 14, in the former Township of Wood, now in the Town of Gravenhurst, District Municipality of Muskoka; being Parts 1 to 3, Plan 35R- 15609. Roll No. 020-043-04200 Page 75 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (GOLDENBERG) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule D-05 of Appendix "A” of By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of Special Provision 1098 (S1098) to the Residential Waterfront Zone (RW-6D) on Part of Lot 26, Concession 7, in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka, being Part 1, Plan 35R-5315 and as shown blackened on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: 1098. Notwithstanding any provisions to the contrary of any Section of By-law 10-04, as amended, the following special provisions shall apply to the subject lands: (i) Additional Regulations: • A Dwelling shall have a minimum Side Yard of 5.0 metres; and • The maximum Lot Coverage shall be 16.9%. All other provisions of By-law 10-04 as applicable to the Residential Waterfront Zone (RW-6D) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017. MAYOR CLERK Page 76 of 103 This is Schedule “A-1” to By-law 2017 - of the Town of Gravenhurst, passed this day of , 2017. ______Mayor Clerk NTS Lands zoned Residential Waterfront Zone (RW-6D), subject to Special Provision 1098 (S1098) on Part of Lot 26, Concession 7, in the former Township of Muskoka, now in the Town of Gravenhurst, District Municipality of Muskoka, being Part 1, Plan 35R-5315 Roll No. 020-030-02700 Page 77 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a By-law to amend Zoning By-law 10-04 as amended (HOPPER) WHEREAS By-law 10-04 of the Corporation of the Town of Gravenhurst has been passed to constitute the Comprehensive Zoning By-law regulating land use in the Town of Gravenhurst; AND WHEREAS the Council of the Municipality may amend such Zoning By-law in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS the Council of the Town of Gravenhurst has received an application to amend such By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. Schedule I-05 of Appendix "A” of By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of Special Provision 1054 (S1054) to the Environmental Protection Zone (EP) on Fitton Island (Sparrow Lake), in the former Township of Morrison, now in the Town of Gravenhurst, District Municipality of Muskoka, and as shown on Schedule "A-1" affixed hereto. 2. Appendix "C" to By-law 10-04 of the Town of Gravenhurst, as amended, is hereby further amended by the addition of the following Special Provision: 1054. Notwithstanding any provisions to the contrary of any Section of By-law 10-04, as amended, the following special provisions shall apply to the subject lands: (i) Additional Regulations: • A Dwelling with a Deck shall be permitted within the Environmental Protection Zone (EP). All other provisions of By-law 10-04 as applicable to the Environmental Protection Zone (EP) shall apply. 3. Schedule "A-1" is hereby declared to form part of this By-law. Page 78 of 103 By-law 2017- HOPPER Page 2 4. This By-law shall take effect on the date of passage and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13. READ A FIRST TIME this 22nd Day of September, 2015 MAYOR CLERK SECOND AND THIRD TIME and finally passed this 24th day of January, 2017. MAYOR CLERK Page 79 of 103 This is Schedule —A-1“ to By-law 2017 - of the Town of Gravenhurst, Read a First time this 22nd day of September, 2015 ______Mayor Clerk NTS Read a Second and Third time and finally passed this 24th day of January, 2017 ______Mayor Clerk Lands zoned Environmental Protection Zone (EP) subjectto Special Provision1054(S1054) onFittonIsland (Sparrow Lake) in the formerTownship ofMorrison,now in the Town of Gravenhurst,DistrictMunicipalityofMuskoka. Roll No. 030-012-09700 Page 80 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- A By-law to adopt a Ontario Municipal Board Order for Zoning By-law Application (ZA 48-2010) (OMB Case No. PL110213) WHEREAS a Zoning Amendment Application (ZA 48-2010) was considered by Council on January 25th, 2011; AND WHEREAS the By-law was defeated on the same date and appealed by the applicant; AND WHEREAS a settlement was subsequently reached between the Town and applicant/appellant, the approval of which occurred on July 3rd, 2012; AND WHEREAS the settlement was considered by the Ontario Municipal Board at a hearing held on July 18th,2012, resulting in the approval of that settlement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. The Council of the Town of Gravenhurst hereby adopts the Order from Ontario Municipal Board Order No. PL110213 (Loon Call Muskoka Inc.) issued in writing on October 26th, 2012 and the zoning by-law attached thereto incorporating the required changes. 2. Schedule "A-1" is hereby declared to form part of this By-law. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January, 2017. MAYOR CLERK Page 81 of 103 the Town [1] INTRODUCTION 0MB Appellant: DECISION APPEARANCES: Address/Description: Loon 0MB 0MB Parties Municipal 0MB Council’s Municipality: Subject: subsection Property P.13, By-law permit Loon IN 19, ISSUE October THE Town Conc Call Case File Case File as of This Call a DATE: 10-04 MATTER Gravenhurst range amended of 5 No.: (Muskoka) No.: refusal File 26, DELIVERED is No.: No.: (Now Gravenhurst 34(11) (Muskoka) an of No.: 2012 of appeal the to housing Lot OF Commissiondes of enact Town Inc. 9, subsection the Plan by Inc. BY to unit a Loon of enact Planning C. proposed RCP has Gravenhurst types. Ontario Town S2006-1 Conditions PL120216 Loon PL110213 Part PL1 CONTI PL110213 Call 51(43) an Page 82 of 103 548) appealed 20213 affaires Lot amendment Call (Muskoka) of Act, Municipal amendment AND from 0 Gravenhurst 19, of (Muskoka) the of R.S.O. to Conc municipales ORDER approval Residential to rezone PlanningAct, Inc. Board the to 5 (Now 1990, to Zoning J. N. Inc. (Appellant) Counsel OF lands Ontario of Zoning Cruickshank Macos de draft (R-1) THE Lot c. l’Ontario By-law known R.S.O. 9, P.13, plan By-law BOARD and Municipal Plan against 94-54 of Open municipally 1990, as RCP subdivision 94-54 amended, the and rl’ Space os 1 c. 5) Board C)L refusal and .j PL110213 Zoning i Part (OS) Zoning under c 3 I from of Ob-)D Lot to Town twenty-five which townhouse to would subdivision, [6] Hammond, proposed [2] By-law use development. more President Subdivision. [31 [5) [4] intended had Street EVIDENCE Municipality the planning. been than which north refers The have The The At The in 10-04, Gravenhurst. to the amendments of reached thirty Board subject Board p1 single Director units. implement of been for of included List to Lands an commencement the and Muskoka the a years of Planning The property implemented also heard family subject subdivision among with property specific to of a the Appellant of heard Planning the Residential mix to regard evidence lots. and experience. south property Ltd. the the at changes plan of consists evidence Minutes Part In of Appellant, plan. single Mr. on to through 2011, are Services to proposed the proposed the Lot on Page 83 of 103 List lands which is The to being hearing detached of behalf a He subject of 19, the the on is residential 2.52 a Settlement proposed are was the a the with Concession revised Appellant behalf developed draft a Registered conditions of redline hectares the Town located approval lands qualified -2- the the dwellings, plan Board of condition District development settlement amendment of the was (Exhibit revision submitted of along as Gravenhurst located 5, for applies. Professional by subdivision. settlement was draft a in of semi-detached the an new Pine the 1 informed Muskoka. 1, to approved of from approved Board at Tab an Town the The to phase the Street known the the amended from and draft Robert 23) Town draft Planner west as of that Zoning of Mr. to were the plan as an Derrick in Gravenhurst. plan the plan dwellings the limit a refused 2008 the List, Hammond expert District settlement of plan who Kingbrook filed. which By-laws east, approval Kingbrook of PL110213 to Pine to has in the permit and and the land is is was a proposal. granted [7] the In proposal. District of [8] ISSUES, of larger [9] 26), and [101 an boundary Detailed are plan detached units. Registered addition, the housing open character set qualified the measures of The participants. lots. A The The Mr. of subdivision out participant proposed number space planning ANALYSIS R. Muskoka. blocks of revised List in The Board parties the in the Patton, Professional an by the of explained have Board block, participants’ the the site. area of abut revised has evidence townhouses plan maintain The status in individuals area. Board S. been These AND characterised order heard the a carefully Fraser still participants parkland that plan in Kingbrook incorporated Planner as FINDINGS proposes to that was the lots evidence issues redline an achieve and for attended considered have hearing the abut provided expert block, semi-detached Page 84 of 103 who A. mainly raised by proposal been lands revisions fourteen large Kunst, from the single-detached to has and in the and by mitigate land settlement. eliminated concern involved the to single Heather more hearing a representing provided Mr. -3- the is stormwater single-detached have evidence use desirable, List. south. dwellings. than family impact about the planning. Moore, to been and evidence In twenty express compatibility homes, The lots of the locating on Kingbrook, replaced undertaken block. it the Director The is to revised revised the years compatible parties the lots concern many in majority The surrounding a opposition north. with along more of of of plan plan extension sought of to and experience. Programs the semi-detached about the which of Sixteen the (Exhibit also intense with the proposal the previous and to north area. PL110213 the contains testimony the have semi the of for were blocks form 1, Pine area He Tab with the Town [15] component stated in unit at complies housing 35, [14] Muskoka The use promote [13] communities. Exhibit that [12] indicated prior be of [11] property. Street section least draft constructed p. in of Appellant it to of 35-5) Mr. that Muskoka. deals Mr. land In Mr. through The 3, 10 the plan Gravenhurst that intensification, with Mr. Official that D is List List the per List only and construction parties encourages of consistent with is approval List’s policy this also the proposal cent stated has affordable. indicated the at adds infrastructure. Mr. some Plan the Official requirement opinion, undertaken indicated filed site below C.37 List Official that to rear (Exhibit (Exhibit with of will meets provision a its the of that indicated the which the revised Plan the He of value. the be the sections provision that Plan. the the concerns proposal average indicated a 3). 1, He all first which a has proposal, public requires Tab number intent fourteen the of of Mr. By-law Page 85 of 103 stated that He dwelling been the a of proposal deal 35). List variety noted of the purchase road complies the of of that planning a that that Amendment of incorporated with the noted area single He wide with proposal Provincial these the in and that the of the proposal noted the -4- complies the settlement residents. array proposal housing that municipal family with the price tests proposal purchase types revisions subject that complies as subject the Policy of (Exhibit of and into is lots part with of housing objective types, a to helps requirements plan pattern is projects services permanent condition that price on included provide Statement of property the consistent with 2) the the of fulfill and the requirements opportunities affordable and subdivision. and B.1 the north settlement affordable in the attainable are this in 12 is 1 other revised relevant residential policy. Exhibit of (PPS) (Exhibit more available with of within limit objective the Exhibit housing the of efficient conditions District Mr. a which housing the Mr. housing. of 2 including policies PL110213 the fence 1, PPS. and the for resale List 3 List Tab and site and be the of will -5- PL110213 Urban Centre of Gravenhurst and it is designated as Urban Residential Area (Exhibit 1, Tab 36, P. 36-16). This area is identified in the Official Plan as a growth area for the Town. The policies of the plan promote efficient use of land and compact forms of development. Mr. List stated that the proposal meets the objectives in section Cl .3 of the OfficialPlan by ensuring that development is integrated into the community in a compact manner, by providing a variety of housing options and by encouraging connectivity in the Town through provision of an open space and trail system (Exhibit 1, Tab 36, p. 36-6). Mr. List also noted that the proposal complies with policies in the Official Plan which permit the types of housing being proposed and encourage affàrdáblel,ousing. He indicated that the proposal meets the density provisions in section Cl .6.3.1 of the plan (Exhibit 1, Tab 36, p. 36-8). [1.6] Mr. List’s opinion is that the proposal complies with all relevant requirements of the Town of Gravenhurst OfficialPlan. He indicated that the proposal provides an opportunity to meet the goals and objectives of the Official Plan regarding affordable housing. [17] Mr. List indicated that the revised plan of subdivision complies with the provisions of s. 51(24) of the Planning Act. It has regard for matters of provincial interest, it represents orderly development, it provides for a variety of housing forms, it is not premature, it conforms to the OfficialPlans, the shape and dimension of the proposed lots is appropriate, and it is in the public interest. Mr. List’s expert opinion is that the proposed plan meets all of the applicable requirements of s. 51(24). [18] Mr. List indicated that the property is zoned Ri which permits the single detached use. A portion of the property is rezoned in the revised By-law Amendment (Exhibit 2) to Residential MultipleZone 1 (RM-1) in order to permit the semi-detached use. Mr. List indicated that no alterations to the Zoning By-law’s standards are required to accommodate either the single residential or the semi-detached lots. Mr. List’s opinion is that the revised By-law amendment complies with the Gravenhurt Official Plan. Page 86 of 103 the Order conditions [24] with the 51(24) requirements. Amendment. approval the terms desirability [23] for law uncontradicted [21] [22] stated Official [20] vegetative that opinion requirements [191 attainable terms settlement proposal Amendment the all is of In The The that The Ms. of With conditions Plan. is requirements provided the consideration which the of that of Moore’s buffer of Board Board in evidence the regard settlement to draft Planning Based the his housing of and the and mitigate reflect Minutes s. (Exhibit opinion proposal below. and accepts has plan are revised the 51(24) to testimony comprehensive. upon of of revised 12 the considered standard, in Act. revised approval of and Mr. potential the of the 2). the (c) the the redlined of and plan and Settlement Furthermore, Hammond the The Gravenhurst which area. the proposed above, evidence, conditions emphasized agrees conditions that of revised and except Planning expert impact. the subdivision Page 87 of 103 draft requires appropriate Furthermore, the the submissions with (Exhibit supported plan for planning conditions plan the revised Board of the Official of Act. the the 12 draft the Board complies draft proposed of with -6- (b) opinion 1, importance will subdivision installation measures By-law plan opinion Plan Tab plan the which the finds the of of allow draft conclusions the approval with 23) evidenced and approval proposed evidence By-law amendment. that requires the provided parties and the approval have meets of of meet the appeal the the approve Amendment District (Exhibit and been revised provided conditions and the maintaining demonstrates project fence. all of by (Exhibit the in Mr. other requirements participants, The the of incorporated part 3), the revised Mr. conditions List Muskoka and parties appropriate in relevant Mr. revised based complies meets 3) List’s support and the a List PL110213 and the By-law is need he the upon all stated of into By of of the s. -7- PL110213 ORDER [25] The Board orders that the appeal is allowed in part and Zoning By-law 94-54 and Zoning By-law 10-04 of the Town of Gravenhurst are amended as set out in Attachment “1” [26] And furthermore conditions of draft plan approval are amended as set out in Attachment “2”and are approved as amended. [27] In all other respects the appeal is dismissed. “C. Conti” C. CONTI MEMBER Page 88 of 103 TOWN NOW AND Municipal provisions land WHEREAS 2. has 3., 1. • 831. Town 548 Speciai Appendix Gravenhurst, amended, Concession (RM-1) changing Schedules Town In Part Multiple changing Schedules been use WHEREAS the Plan THEREFORE 9, OF and THE 04, of NotwIthstanding In Board passed Town of of Provision: RCP of Lot GRAVENHURST the subject as as One By-laW CORPORATION part Gravenhurst, Gravenhurst, “C” is part the D06 amended, shown D06 Town Being 19, 5, 548 Act; of hereby as District Zone to of in Zoning Planning ConcessIOn to Graverihurst, of to and amended and and the 10-04 constitute the a BY-LAW of oil the By-law Special By-law (RM-1) Gravenhurst; Page 89 of 103 Open as further former D06-01 D06-01. Schedule the Municipality any By-laws ATTACHMENT of shown as as Residential Act, following ENACTS (LOON provIsions the BY-LAW Space to the amended, OF 5, amended, subject 10-04 Provision 10-04 Township amended DistrIct amend of of In R.S.O. may Corporetion on THE Comprehensive “A-i” Appendix the Appendix Zone CALL Schedule of special of AS to OF be TOWN 201.2- One -8- former to Zoning Municipality affixed Muskoka; 1990, 831 are Special are of the (OS) by FOLLOWS: amended MUSKOKA the THE I Muskoka, Zone the provisions hereby • hereby “A” (S831), of “A” contrary Town “A-i” OF Township to By-law heret&. Chapter CORPORATION the Provision addition Residential Zoning of of GRAVENHURST being (R-1) In of affixed INC.) Town By-law further By-law, of further now on accordance 10-04 Muskoka; Zoning shall P13 Gravenhurst, of to Lot By-law of Part 831 In hereto. of Muslka, apply: the Multiple a 10-04 amended 10-04 amended 9, the and By-Law Gravenhuret of (S831), Residential Plan regulating being following Town OF with Lot Ontario of of Zone THE RCP now 10- the 19, the Lot the an as by by of ,i. PL110213 - - ;.:•; .. : 4. 5. (LOON Page By-law This Schedule Issuance 2 2012- CALL By-law of “A-i” MUSKOKA) (I) an shall Order Is All Permitted be hereby come • • those permitted by Page 90 of 103 Dwelling, Dwelling, the into declared uses Uses Ontario full uses listed Steet Multiple In force to the with Municipal •9.. form In Townhouse and, Residential Section the part effect exception Board. of 10 this upon Multiple of By-law. By-law of: approval Zone 10-04 (RM-1): of shall and PL110213 W’B NTS on on now being Roil being Lands Multiple now Multiple Lands Part Part This Page 91 of 103 No. in In Lot LotS, rezoned rezoned the is the of of One 020-014-06801 One Schedule 9, Lot Lot Town Town Plan Plan Zone Zone 19, 19, from from RQP ROP Concession Concession of of ‘A-t” (RM-1), (RM-1), -10- Gravenhuret, Gravenhuret, Open 548. 548. Residential to By-law subject subject Space 5, 5, in In 2011- the District the District One to to One Special Special former former Zone Zone Municipality Municipality of Township Township theTown Provision Provision (R-1) (OS) to to of of of of of 831 831 Residential Residential Muskoka, Muskoka, Muskoka, Muskoka, (5831) (8831) PL110213 -11- PL110213 ATTACHMENT2 CONSOLIDATIONOF SCHEDULE“A” PLANOF SUBDIVISIONFILENO. S2006.10 “Pine Street Subdivision” Part A — Approval Plan of Subdivision File No. S2006-1 0 (Pine Street Subdivision)is approved subject to Parts B, C, and D herein. Part B — Conditions General Conditions Amended by 1. This approvalapplies to the ‘Pine Street” Plan of Subdivision,File No. S2006-10, 0MB, July 18, prepared by T.A Bunker Surveying Ltd. dated May29, 2012, being a revIsionto the plan 2012 dated September 21, 2006 and redllned May5, 2008, showing a total of 25 14 lots and 20 Blocks on Part of Lot 19, Concession 5, Muskoka,Townof Gravenhurst The District Municipalityof Muskoka. 2. Prior to finalapproval being granted, The DistrictMunicIpalityof Muskoka shall be provided witha copy of the final plan In digitalformat, Includingroad centrelines, in accordance withThe DistrictMunicipalityof Muskoka DigitalDraftand Final Plan of Subdivision Submission Requirements. 3. Prior to finalapproval being granted and priorto the submission of the proposed Internal road names to the Town of Gravenhurst for approval purposes, the Owner shall submit names to The DistrictMunicipalityof Muskokafor 911 verification. 4. Prior to finalapproval being granted, and to the execution or the Area MunicipalCouncil’s endorsement thereoL The DistrictMunicipalityof Muskoka shall be circulated a draft Area Municipalsubdivision agreement for review and comment and shall be Inreceipt of a registered copy thereot Amended by 5. PrIorto finalapproval of Phase 2 being granted, Block2 34 shall be dedicated to the 0MB, July 18, Town of Gravenhurst for future road access purposes; Conveyances 6. Easements as may be required for access, pedestrian walkways, utilitIes,drainage, or other purposes shall be granted to the Districtof Muskoka,the Town of Gravenhurat and any other authorityor party as may be required. Parkiand Amended by 0MB, July 18, 7. Prior to finalapproval of Phase I being granted, the owner shall convey Blocks2631 and 2012 32 to the Town of Gravenhuret for parkland purposes. Zoning 8. Prior to finalapproval being granted, the property included inthis plan of subdivisionshall be zoned for its intended residential and open space uses. Environmental 9. Prior to finalapproval being granted, the owner shall provideThe DistrictMunicipalityof Muskoka withfour copies of a detailed storm water management and construction mitigationplan prepared by a professional engineer. The plans shall be reviewed and approved by Muskoka and circulated by Muskoka to the Town of Gravenhurst. if Page 92 of 103 2012 018 Amended 0MB, 18, 2012 July by uiesricr Clearance District Area 4ict-eveiopment-aharges-are-to-be-pai4e 16. 15. 14. 13. 12. 11. 10. Municipal satisfied writing Prior satisfaction. satisfaction satisfied. to of on assumption and Prior confirmation assumption and subdivision Dcvciepment-Gharges Prior installation amended, Prior The to landscaping Gravenhurst Town authorized the MunIcipal Prior purposes Environment Prior required, the Muskoka The Letters title owner b) C) a) otherwise, register subdivision to to to to to to installation of that and Town final final final final construction entire Require final supervision Require Require final that Agreement Gravenhurst. a shall with agrees of conditions Agreement by shall with agreement Certificate for and and approval approval on approval approval of and approval approval conditions concerning of prior municipal fence Section The of available each be title, Gravenhurst a agreement operation operation the the the provide lot of The brief to conveyed to District municipal and grading supplemental retention installation implementation shall satisfy of of construction being being of being 4, being District being 51 of authorized The and those the water 1, Phase to Page 93 of 103 5, water the that (26) Approval be 2, of of the 5 first MunIcipality concise agreement all granted, shall granted, granted amongst granted, granted, provision which 3, constructed same. same. to the phases 7, of of Municipality water and the satisfaction, and 4, dwelling the I of The 8 vegetative owner contain being 6, of a by sewer subdivision requirements, 9 for Town wll sanitary statement fence and for of 9, the The Planning the Section the 10, any and other the of the 13 shall granted, any of agrees in works. Town sewer roads, services owner a 11 at District of lands the plan and of Muskoka. In this plans provision -12- buffers; of matters. one subsequent Gravenhurst. sewage and be the Muskoka, 51(26) agreements a Act agreements detailing 14 shall of plan services to registered sidewalks, shall required certified time the rear 12 required financial Municipality Graven have satisfy and R,S.0. of have be owner capacity, or of yard The prior enter subdivIsIon. shall obtained including the been provisions how phase and professional for hurst all been in agreement and shall in to on 1990, with street shall into Planning provide the stormwater Condition each each shall the complied title of the otherwise, shall compiled and a The include, requirements, Muskoka enter from as completion but subdivision lighting, and owner condition provide In of subject amended, advise for District Act, wording not Lots shall engineer; the shall Into 9 with municipal management but under limited with shall R.SO. of Ministry I utilities, shall for a be the to provide to to Municipality the has not of master agreement acceptable to municipal registered their enter 14. financial with the the District be to and Town be their been 1990, of the The limited the that into the of in as PL110213 -13- PL110213 Final Plan 18. The finalplan must be in registerable form together with all necessary instruments or plans describing an interest in the land. 19. Prior to finalapproval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformitywith the draft plan. Part C - Lapsing ProvIsIon Amended by In the event that the owner fails to fulfillthe conditions of draft approval on or before date June 0MB, July 18, 11, 2013, July 18,2014, the approval herein granted shall be deemed to have lapsed pursuant to 2012 the Planning Act, R.S.0 1990, as amended. in the event that the owner falls to fulfillthe conditions of approval for the subsequent phases withintwenty-four(24) months from the date of registration of the preceding phase, the approval herein granted may be withdrawn pursuant to the Planning Act R.S.0. 1990. Part D — Timing of Work The owner Is advised that any site alteration or the installationof any works or matters that may be the subject of any agreements required bythis schedule shall not be permitted priorto the execution of such agreements. Where any such works, alterations or matters are undertaken in violationof this clause, approval of this plan may be withdrawn as authorized under Section 51(44) of the Planning Act, R.S.O. 1990. Page 94 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW NO. 2017- BEING A By-Law to close, stop up and sell: That part of the original shore road allowance in front of Lot 26, Concession 4, Township of Ryde, now Town of Gravenhurst, District Municipality of Muskoka, designated as Part 1 on 35R-25229 (Kudlak) WHEREAS it is deemed expedient in the interest of The Corporation of the Town of Gravenhurst, hereinafter called the ‘Corporation’, that those lands hereinafter mentioned be closed and stopped up and such portion as hereinafter mentioned be sold to the adjoining owner or owners of them; AND WHEREAS Notice of this By-Law has been published once a week for two consecutive weeks in the Gravenhurst Banner, a newspaper published in the Town of Gravenhurst; AND WHEREAS the Council for the said Corporation has heard in person, or by his Counsel, Solicitor or Agent, all persons claiming that their land will be prejudicially affected by this By-Law and who applied to be heard; NOW THEREFORE the Council of The Corporation of the Town of Gravenhurst enacts as follows: 1. That upon and after the passing of this By-Law, all those lands as set out and described in Schedule “A” attached hereto, be and the same are hereby closed and stopped up. 2. That part of the original shore road allowance designated as Part 1 on 35R- 25229 and as hereinbefore described and stopped up shall be sold to the adjoining owner or owners of them. 3. The Mayor and Clerk of The Corporation of the Town of Gravenhurst are hereby authorized to sign or execute such documents as may be necessary to effect conveyance of those lands as hereinbefore described and which have been stopped up and closed. READ A FIRST, SECOND and THIRD TIME and finally passed this 24th day of January, 2017 Paisley Donaldson - Mayor Kayla Thibeault – Clerk Page 95 of 103 By-Law No. 2017- 2 (Kudlak) SCHEDULE “A” to By-Law No. 2017- That part of the original shore road allowance in front of Lot 26, Concession 4, Township of Ryde, now Town of Gravenhurst, District Municipality of Muskoka, designated as Part 1 on 35R-25229 Page 96 of 103 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017- Being a by-law to appoint Municipal Law Officers for the Corporation of the Town of Gravenhurst Pursuant to the provisions of The Police Services Act, R.S.O. 1990, c.P.15, s. 15, (1), the Council may appoint Municipal Law Officers. WHEREAS Section 170 (15) of the Highway Traffic Act, R.S.O. 1990, grants a Municipal Law Enforcement Officer the authority to remove, place or store any vehicle found parked on a highway which interferes with the clearing of snow from the highway. And further, all costs and charges for removing, care and storage, thereof, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. 2005, c. 26, Sched. A, s. 28 (2); AND WHEREAS it is deemed expedient to appoint Municipal Law Officers for the Town of Gravenhurst for snow removal purposes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. That the following positions are hereby appointed as Officers for the purposes of removing vehicles interfering with snow removal operation. I. Public Works & Operations Foreman II. Municipal Operator Lead Hand – Public Works III. Roads Patroller/Inspector IV. Director of Infrastructure 2. That this By-law shall come into force and take effect upon the date of final passing thereof. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24th day of January 2017. MAYOR CLERK Page 97 of 103 Planning Council - Minutes Tuesday, November 22, 2016 at 5:00 PM Those in attendance were: Members of Council Staff Mayor Donaldson S. Lucas Director of Development Services Councillor Colhoun K. Kirton Manager of Planning Services Councillor Cairns C. Thwaites Deputy Clerk Councillor Eiter Councillor Jorgensen Councillor Lorenz Councillor Pilger Councillor Watson Regrets: Councillor Kelly B Closed Session - Nil C Adoption of Agenda 1. Mayor Donaldson advised of two changes to the agenda: the Zoning Amendment Application 48-2015 (Kaszanits) was moved to Unfinished Business as the public meeting had been held in 2015; the addition of Loon Call Subdivision - Amendment to Agreement was added under Unfinished Business. Moved by Councillor Colhoun Seconded by Councillor Cairns #210 BE IT RESOLVED THAT the Council agenda as presented on November 22, 2016 be approved as amended. CARRIED D Disclosure of Pecuniary Interest - Nil E Public Meetings 1. Official Plan Review - 3:00 p.m. The Director of Development Services provided highlights of the process, number of meetings held and the members of the Review Committee. He further advised that this was the last formal meeting being held for public input and that Council would consider the new Official Plan on December 20th, 2016. Page 98 of 103 Town of Gravenhurst - Planning Council Meeting Minutes Date: November 22, 2016 Mr. Rick Hunter, consultant for the review, provided an overview through a power point presentation of the changes made since the last meeting, the basis for the changes and highlighted the changes to the mapping. Mr. Hunter further advised that a number of comments had been received since the October 31st deadline and that those comments would be reviewed and provided for Council consideration prior to the December 20th, 2016 meeting. He explained that any further written comments should be received by December 9th in order to be included. Mr. Stan Stein advised that he was representing the South Muskoka Lake Cottagers Association. Mr. Stein suggested that the new Official Plan does not include historical data specifically as it relates to the Taboo property. Mr. Keith Duncan advised that he was opposed to the installation of sanitary facilities in one storey boathouses for environmental reasons and explained that he was not concerned with such facilities in two storey boathouses. Mr. John Armstrong, of MasonryWorx, explained that his comments were focused on permanent residences rather than seasonal. He suggested that the entire municipality should be subject to site plan control with the exception of agriculture and recreational properties and suggested that the predominant building materials should be of masonry products. Ms. Ann Guiot, Senior Planner with Skelton Brumwell and Associates, advised that she was present on behalf of Miller Paving and explained that she has been involved in the process from very early on and thanked Council for the opportunity to be engaged throughout the process. Mr. John Vail advised that he was speaking specifically about his family properties located on Kahshe Lake and suggested that the setbacks, projection of boathouses and allowance for two storey boathouses should be permitted on Kahshe Lake in order to be consistent with the other areas of Gravenhurst. Comments and questions from Council included clarification on the Taboo property and previous decisions of the Ontario Municipal Board, two storey boathouses in Muskoka Bay and the number of properties that would be affected if a change was implemented, clarification on streamlining of the document to eliminate repetitive wording and consolidate into separate policies, and sanitation facilities in one storey boathouses and requirements of the Ontario Building Code. Moved by Councillor Lorenz Seconded by Councillor Watson #211 WHEREAS Council is considering the adoption of a new Official Plan for the Town of Gravenhurst; NOW THEREFORE BE IT RESOLVED THAT Council of the Town of Gravenhurst hereby requests the following changes to the new Official Plan prior to adoption: Page 99 of 103 Town of Gravenhurst - Planning Council Meeting Minutes Date: November 22, 2016 1. Section D5.5.2 (a) be amended to prohibit two-storey boathouses on Muskoka Bay. LOST On verbal motion of Councillors Watson and Pilger the meeting adjourned at 4:11 p.m. Council reconvened at 5:00 p.m. 2. ZA 33-2016 (Kauffman - Sparrow Lake) - 5:00 p.m. The Manager of Planning Services provided a review of the application. Comments were received from Building, Infrastructure, Emergency Management, District of Muskoka, the Sparrow Lake Association as well as two letters of support. The applicant, Mr. Kauffman, provided the history and purpose of the application. There were no comments from members of the public or Council. 3. ZA 34-2016 (Kado Worton Winter - Kahshe Lake) Report No. DEV 2016-86 The Manager of Planning Services provided a review of the application. Comments were received from Building, Emergency Management, the District of Muskoka and the Kahshe Lake Ratepayers' Association. Mr. Rick McCann, agent for the application, explained the purpose of the application and advised that he was available to answer any questions. There were no questions from members of the public. Questions from Council included whether a railing would be required and the type of material to be used. F Deputations G Minor Amendment Resolutions H Unfinished Business 1. ZA 48-2015 (Wilf Kaszanits Enterprises Inc - Coopers Falls Rd) Matter to be considered at the By-law stage. 2. Loon Call Subdivision - Amendment to Agreement A brief discussion ensued with regard to access to the subdivision and whether this subdivision would be connected to the Kingbrook subdivision. Page 100 of 103 Town of Gravenhurst - Planning Council Meeting Minutes Date: November 22, 2016 Moved by Councillor Watson Seconded by Pilger #212 WHEREAS An application has been received for an amendment to Plan of Subdivision File No. S2006-10 (Loon Call Muskoka) to reduce the number of lots to 37 by replacing semi- detached units with single detached units; AND WHEREAS an updated Plan has been received; AND WHEREAS an updated Site Servicing, Stormwater Management and Lighting Plan has been received; AND WHEREAS the information received has been integrated into an Amending Subdivision Agreement; BE IT RESOLVED: 1. That Schedule “A” being the updated Plan dated November 22, 2016 replace the original Plan; 2. That Schedule “E” to the original agreement be updated by replacing the Servicing Design and Storm Water Management Report with the report dated February 5, 2013 by Pinestone Engineering Ltd. 3. That all other aspects of the Agreement for Plan 35M-734 continue in full force and effect. CARRIED I New Business 1. 2017 Committee of Adjustment Appointment Report No. DEV 2016-87 The Manager of Planning Services provided an explanation of the legislative requirement to pass a by-law annually to appoint members to the Committee of Adjustment. 2. Kingbrook Subdivision - Extension Request Report No. DEV 2016-89 A lengthy discussion ensued with regard to the condition of the development and the roads within the development, whether sufficient securities were available for the Town to draw on. The Director of Development Services was requested to report back to Council on this subdivision as well as others in Gravenhurst in the same situation. Moved by Councillor Watson Seconded by Councillor Eiter #213 BE IT RESOLVED THAT the Town of Gravenhurst recommends that The District Page 101 of 103 Town of Gravenhurst - Planning Council Meeting Minutes Date: November 22, 2016 Municipality of Muskoka approve a two (2) year extension to Draft Subdivision Approval Application No. 44T-90012, 149337 Ontario Limited (Kingbrook) provided the following condition is imposed: - Prior to final approval of Phase 2, the owner shall undertake to assess and remedy deficiencies to any and all infrastructure within Phase 1 to the satisfaction of the Town of Gravenhurst, and the subdivision agreement for Phase 2 shall contain wording to that effect, inclusive of corresponding securities. CARRIED J By-laws Moved by Councillor Watson Seconded by Councillor Jorgensen #214 BE IT RESOLVED THAT the following by-laws be read a first time: Bill No. 107 Zoning (Kauffman - Sparrow Lake) Bill No. 108 Zoning (Kado Worton Winter - Kahshe Lake) Bill No. 109 2017 Appointment of Committee of Adjustment CARRIED Councillor Lorenz requested that Bill No. 124 (2015) for Kaszanits be pulled and read separately and expressed her opposition. Moved by Councillor Eiter Seconded by Councillor Colhoun #215 BE IT RESOLVED THAT the following by-laws be read a second time: Bill No. 124 (2015) Zoning (Wilf Kaszanits Enterprises Inc - Coopers Falls Rd) [read separately] CARRIED Bill No. 107 Zoning (Kauffman - Sparrow Lake) Bill No. 108 Zoning (Kado Worton Winter - Kahshe Lake) Bill No. 109 2017 Appointment of Committee of Adjustment CARRIED Moved by Councillor Watson Seconded by Councillor Pilger #216 BE IT RESOLVED THAT the following by-laws be read and third and final time and engrossed into the By-law Book: Page 102 of 103 Town of Gravenhurst - Planning Council Meeting Minutes Date: November 22, 2016 By-law No. 2016-108 Zoning (Wilf Kaszanits Enterprises Inc - Coopers Falls Rd) By-law No. 2016-109 Zoning (Kauffman - Sparrow Lake) By-law No. 2016-110 Zoning (Kado Worton Winter - Kahshe Lake) By-law No. 2016-111 2017 Appointment of Committee of Adjustment CARRIED K Adoption of Minutes 1. Planning Council Minutes - October 25, 2016 Moved by Councillor Lorenz Seconded by Councillor Eiter #217 BE IT RESOLVED THAT the minutes of the Council meeting dated October 25, 2016 be approved as circulated. CARRIED L Closed Session M Report from Closed Session N Confirming By-law Moved by Councillor Cairns Seconded by Councillor Colhoun #218 BE IT RESOLVED THAT Bill No. 110 to confirm the Council Meeting held on November 22, 2016 be passed and numbered By-law No. 2016-112. CARRIED O Adjournment Deputy Clerk Mayor Page 103 of 103