THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - PLANNING COMMITTEE OF THE WHOLE MEETING Monday, March 18, 2013

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1 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - PLANNING COMMITTEE OF THE WHOLE MEETING Monday, March 18, 2013 A Regular Meeting of the Planning Committee of the Whole was held on Monday, March 18 th, 2013 at 10:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Councillor Brad Burgess Chair C. Mortimer - Clerk Mayor Alice Murphy Vice Chair C. Wray - CAO Councillor Ruth Nishikawa D. Pink - Director of Planning Councillor Don Furniss A. Lusty - Planning Consultant Councillor Jean-Ann Baranik L. Forbes - Planning Assistant Councillor Donelda Kruckel C. Hollows - Clerk/Receptionist Councillor Phil Harding Councillor Ron Brent REGRETS: Councillor Allen Edwards Councillor Gault McTaggart 1. Call to Order a. Mayor Murphy called the meeting to order at 10:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number: PCOW-01-18/03/2013 Councillor Baranik Councillor Harding: Be it resolved that the Planning Committee of the Whole Meeting agenda dated March 18, 2013, be adopted as amended to add item 5.e.1., Discussion, Re: Conservation Review Board Decision. 3. Disclosures of Interest a. None. 4. Adoption of Minutes a. None. Planning Committee of the Whole Minutes March 18, 2013 Page #1

2 5. Planning Chair Burgess and Vice Chair Murphy a. Delegations and Petitions 1. Brian McConnell, agent, attended at 10:10 a.m. Re: item 5.b.1., ZBA-05/13, McConnell & Tappenden (Refer to item 5.b.1.) 2. Chris Umphrey and Scott Reid, agents, attended at 10:45 a.m. Re: item 5.b.2., ZBA-06/13, Dell (Refer to item 5.b.2.) 3. Presentation from Samantha Hastings, Director of Policy and Programs, District Municipality of Muskoka and Brian Stanford, PKF Consulting, at 11:00 a.m. Re: Resorts and Tourism Interim Options Report. Mr. Brian Stanford, Director, PKF Consulting, attended the meeting. Mr. Stanford submitted and reviewed a PowerPoint presentation, a copy of which is attached. In response to Committee s questions, Mr. Stanford explained their expertise is in tourism and developing tourism master plans, and that he was cognizant of the financial burden of by-law enforcement. The interim options report prepared to date does not provide any recommendations, but provides an overview of potential implications. Mr. Stanford indicated the dynamics and demographics surrounding tourism have changed. Mr. Stanford stated that marketing plays a large role as resorts are no longer competing solely with each other but against casinos and other entertainment destinations. Committee members also questioned the need to potentially license private cottage rentals citing concerns with liability. Ms. Hastings explained the report would be discussed at the District of Muskoka and other area municipalities. She noted that the more restrictions that are placed on development, the more by-law enforcement is required. Committee discussed the presentation and felt resorts were a necessary component of the economic success of the municipality. Questions from the audience were taken. Ms. Anne McCauley, Muskoka Lakes Association, attended the meeting. Ms. McCauley indicated there are 55 resorts in the Township of Muskoka Lakes, of which 5 or 6 are large. How are the others defined? Mr. Stanford indicated most resorts in Muskoka are smaller housekeeping cottages. Mr. Brock Napier, Box 77, Minett, ON, P0B 1G0, attended the meeting. Mr. Napier felt the report seemed to have concerns with existing rules and suggested that the background of why policies are in place should be taken into account. Ms. Gunta Towsley, Utterson, ON, P0C 1M0, attended the meeting. Ms. Towsley felt that private cottage rentals can result in overuse of septic systems and cause water quality concerns. Planning Committee of the Whole Minutes March 18, 2013 Page #2

3 Councillor Nishikawa requested that a discussion regarding visioning be placed on a future agenda. b. Zoning By-law / Official Plan Amendments 1. ZBA-05/13, McConnell & Tappenden, Part of Lot 7, Concession 7, Lot 52 on Plan M-377, (Medora), Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Lusty noted the applicant confirmed that the actual boathouse height measurement is 26 feet 1 inch. Mr. Brian McConnell, agent, 101 Kildonan Drive, Toronto, ON, M1N 3B9, attended the meeting. Mr. McConnell indicated his wife, the property owner, Cindy was also present. Mr. McConnell submitted and reviewed a PowerPoint presentation, a copy of which is attached. In response to Committee s questions, Mr. Pink indicated the dry land boathouse could be labeled as a garage with living accommodations above. Mr. Pink reviewed the zoning provisions for a garage with a sleeping cabin versus a boathouse with a sleeping cabin. He indicated Official Plan Policies and Zoning By-law provisions do not support two storey boathouses on lots with less than 300 feet of by-law frontage on Category 2 Lakes. Committee held a lengthy discussion regarding the height and lot coverage. Committee felt the request for 26 feet in height was excessive for an accessory structure and would have a negative impact on the small lake. Committee also indicated they would not support any additional lot coverage over what already exists. Resolution Number: PCOW-02-18/03/2013 Councillor Baranik Councillor Harding: Be it resolved that Zoning Bylaw Amendment Application ZBA-05/13, McConnell & Tappenden, Roll # , be approved for circulation, subject to the removal of exemptions related to height and the proposed expansion at the rear of the boathouse. 2. ZBA-06/13, Dell, Part of Lot 5, Concession 9, Parts 10 to 15 on Plan 35R-7682, (Medora), Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Scott Reid, agent, 6765 Wellington Road #34, Cambridge, ON, N3C 2V4, attended the meeting. Mr. Reid indicated his father is the property owner. Mr. Reid provided a brief history of the property and current redevelopment plan. Mr. Chris Umphrey, agent, 8224 Highway 69, Lake Joseph Road, Mactier, ON, P0C 1H0, attended the meeting. Mr. Umphrey explained that by removing the finger docks, the side yard setback of docks would be 16.5 feet. He indicated Planning Committee of the Whole Minutes March 18, 2013 Page #3

4 they are trying to reduce the impact and be closer to compliance with the zoning by-law. Committee held a lengthy discussion. It was the consensus of Committee that site plan control be imposed on the property to re-vegetate the shoreline area and to ensure dark sky lighting on the boathouse. Resolution Number: PCOW-03-18/03/2013 Councillor Furniss Councillor Kruckel: Be it resolved that Zoning By-law Amendment Application ZBA-06/13, Dell, Roll # , be approved for circulation. c. Site Plans / Plans of Subdivision and Condominium 1. None. d. Long Range Planning / Special Projects 1. None. e. Heritage 1. Discussion, Re: Conservation Review Board (CRB) Decision The CAO reviewed the recent CRB decision with respect to the designation of the Bala properties under the Heritage Act. Committee discussed next steps in the process for designation. It was the consensus of Committee for the Heritage Committee to draft the by-laws for the properties with the by-laws moving forward directly to Council on April 12, f. Other Business 1. None. 6. New and Unfinished Business a. None. 7. Committee in Closed Session a. Committee in Closed Session was not held. Planning Committee of the Whole Minutes March 18, 2013 Page #4

5 8. Adjournment a. Consideration of a resolution to adjourn. Resolution Number: PCOW-04-18/03/2013 Councillor Kruckel Councillor Furniss: Be it resolved that this meeting adjourn at 12:10 p.m., and the next regular meeting of the Planning Committee of the Whole will be held on April 15, 2013 at 10:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling, Ontario. Councillor Brad Burgess, Chair Cheryl Mortimer, Clerk Planning Committee of the Whole Minutes March 18, 2013 Page #5

6 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - PLANNING COMMITTEE OF THE WHOLE MEETING Monday, April 15, 2013 A Regular Meeting of the Planning Committee of the Whole was held on Monday, April 15 th, 2013 at 10:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Councillor Brad Burgess Chair C. Mortimer - Clerk Mayor Alice Murphy Vice Chair C. Wray - CAO Councillor Ruth Nishikawa D. Pink - Director of Planning Councillor Don Furniss L. Forbes - Planning Assistant Councillor Jean-Ann Baranik C. Hollows - Clerk/Receptionist Councillor Donelda Kruckel Councillor Phil Harding Councillor Ron Brent Councillor McTaggart Regrets: Councillor Edwards 1. Call to Order a. Mayor Murphy called the meeting to order at 10:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number: PCOW-1-15/04/13 Councillor Baranik Councillor Harding: Be it resolved that the Planning Committee of the Whole agenda dated April 15, 2013, be adopted as amended to add item 5.a.8., Delegation, Bill Van Ryn, agent, to attend Re: item 5.c.1., SPA-12/13, Lawrason Bay Foundation, (Muskoka Woods). 3. Disclosures of Interest a. None. 4. Adoption of Minutes a. Consideration of a resolution to adopt the Planning Committee of the Whole meeting minutes held March 18, Resolution Number PCOW-2-15/04/13 Councillor Baranik Councillor Harding: Be it resolved that the Planning Committee of the Whole Meeting minutes dated March 18, 2013 be adopted. Planning Committee of the Whole Minutes April 15, 2013 Page #1

7 5. Planning Chair Burgess and Vice Chair Murphy a. Delegations and Petitions 1. Rebecca Willison, District Municipality of Muskoka, attended at 10:00 am Re: District of Muskoka s Lake System Health Monitoring Program Ms. Willison submitted and reviewed a PowerPoint presentation for Committee, a copy of which is attached. Committee questioned if any studies were being conducted regarding steel docks and the effects of bubblers on the lakes. Ms. Willison indicated some general research has been conducted but nothing specific. She noted the Watershed Council has been working with various colleges and universities on various studies and indicated that this issue could be included. 2. Margaret Walton, agent, Planscape, attended at 10:25 a.m. Re: item 5.c.1., Site Plans, SPA-12/13, Lawrason Bay Foundation, (Muskoka Woods) (Refer to item 5.c.1.), and attended at 11:50 a.m. Re: item 6.a., New and Unfinished Business, SPA-35/12, Ontario Inc. (Lakeside Lodge) (Refer to item 6.a.) 3. Paul White, Lake Rosseau North Association, Past President, attended at 10:35 a.m. Re: item 5.c.1., Site Plans, SPA-12/13, Lawrason Bay Foundation, (Muskoka Woods) (Refer to item 5.c.1.) 4. Bob List, agent, and Margaret-Anne Jones, applicant did not attend Re: item 6.b., New and Unfinished Business, ZBA-27/12, Jones 5. Frank Jaglowitz attended at 12:00 noon Re: item 6.a., New and Unfinished Business, SPA- 35/12, Ontario Inc. (Lakeside Lodge) (Refer to item 6.a.) 6. Paul Richards attended at 12:07 p.m. Re: item 6.a., New and Unfinished Business, SPA- 35/12, Ontario Inc. (Lakeside Lodge) (Refer to item 6.a.) 7. Anne McCauley, Muskoka Lakes Association, attended at 12:13 p.m. Re: item 6.a., New and Unfinished Business, SPA-35/12, Ontario Inc. (Lakeside Lodge) (Refer to item 6.a.) 8. Bill VanRyn, agent, C.C. Tatham & Associates, attended at 10:45 a.m., Re: item 5.c.1., Site Plans, SPA-12/13, Lawrason Bay Foundation, (Muskoka Woods) (Refer to item 5.c.1.) b. Zoning By-law / Official Plan Amendments 1. None. c. Site Plans / Plans of Subdivision and Condominium 1. SPA-12/13, Lawrason Bay Foundation, (Muskoka Woods), Lots 34 & 35, Concessions 4 & 5, Part 6 on Plan 35R-3003, Part of Part 9 on Plan 35R-3002, Part 2 on Plan 35R-3001, Parts 1 & 2 on Plan 35R-4950, (Cardwell), Roll # A copy of the report is attached. Planning Committee of the Whole Minutes April 15, 2013 Page #2

8 Mr. Pink explained the history, nature, and location of the application/property. Ms. Margaret Walton, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Walton indicated John McCauley, Chris Evans, and Bill VanRyn were also present. Ms. Walton provided a brief review of the history of the property and the proposed waterslide. Ms. Walton explained the camp has always responded to neighbours concerns and the proposed location of the waterslide was well thought out to reduce noise and visual impacts. She indicated no lights would be placed on the structure. The water would be supplied through the camp s water system and would not be discharged into the lake. Ms. Walton noted the proposed would be in compliance with the zoning by-law. Mr. John McCauley, 20 Bamburgh Circle, Scarborough, ON, M1W 3Y5, attended the meeting and was permitted to address Committee. Mr. McCauley explained the camp is operated as a non-profit private charitable foundation. He indicated the growth of city day camps and other commercial operations have impacted the camp. In order to remain sustainable, they have to be able to offer a variety of amenities to campers. Mr. McCauley explained they wanted to offer a water experience without impacting the waterfront. He noted they have strict policies regarding noise at the camp. His personal cottage is on the water at the site and he is able to monitor noise levels personally. Mr. McCauley indicated the proposed water slide was designed to be enclosed to minimize any noise. He stated they would work closely with the North Lake Rosseau Association to address their concerns. He indicated they have a tree planting plan they intend to implement to replace trees that were removed when the highway was reconstructed. Mr. Paul White, Past President, North Lake Rosseau Association, 3 Stratheden Road, Toronto, ON, M4N 1E2, attended the meeting. Mr. White submitted and reviewed a PowerPoint presentation, a copy of which is attached. Mr. White circulated an from Doug Gammage, a copy of which is attached. Mr. Bill VanRyn, agent, CC Tatham, 8 Barron Drive, Bracebridge, ON, P1L 1W9, attended the meeting. Mr. VanRyn indicated the proposed slide would be positioned below the tree line and would have minimal physical impact on the site. The existing sewage disposal system is sufficient and the slide uses minimal water. Mr. VanRyn indicated appropriate construction practices would be used to mitigate any adverse impacts to the environment. In response to Committee s questions, Mr. McCauley indicated they are working with a professional arborist with a tree planting plan. They intend to plant 300 coniferous trees per year. He noted they do not want to be visible from the road as it is a safety concern for the children. Committee held a lengthy discussion regarding noise, colour of the slide, lighting and buffering. Ms. Anita Wood, 110 Bloor Street West, Toronto, ON, M5S 2W7, attended the meeting and was permitted to address Committee. Ms. Wood questioned if amplified sound would be used for the slide. In response, Mr. McCauley stated no amplified sound would be used for the slide. Ms. Mary Wood, 236 Forest Hill Road, Toronto, ON, M5P 2N5, attended the meeting and was permitted to address Committee. Ms. Wood stated noise emanating from the camp is a problem for all of the neighbours. Planning Committee of the Whole Minutes April 15, 2013 Page #3

9 Resolution Number: PCOW-3-15/04/13 Councillor Harding Councillor Baranik: Be it resolved that Planning Committee of the Whole recommend to Council that Site Plan Agreement Application, SPA-12/13, Lawrason Bay Foundation (Muskoka Woods), Roll # be approved, subject to conifer vegetation plantings to the south of the proposed slide, the absence of lighting and amplified sound on or from the proposed structure, an appropriate colouring scheme and the receipt of securities. This approval will expire on November 18, 2013 unless the corresponding Site Plan Agreement has been registered on title of the lands. d. Long Range Planning / Special Projects 1. None. e. Heritage 1. Minutes from the January 30, 2013 (4:50 p.m.) Heritage Committee Meeting. A copy of the minutes is attached. 2. Minutes from the April 3, 2013 (10:30 a.m.) Heritage Committee Meeting. A copy of the minutes is attached. In response to Committee s questions, Mayor Murphy clarified that various items contained in the minutes would be circulated and included in future minutes. Committee requested the financial update discussed in the Heritage Committee s minutes be provided. 3. Consideration of resolutions arising from the Heritage Committee Minutes Mr. Pink reviewed the proposed resolutions from the Heritage Committee. Resolution Number: PCOW-4-15/04/13 Councillor Brent Councillor Baranik: Be it resolved that Planning Committee of the Whole recommend to Council that the Municipal dock on the Moon Rover be named Tooke s Landing, and the Municipal lands referred to as the Portage Landing be so named. Committee held a brief discussion and felt that plaquing initiatives are not the mandate of the Heritage Committee. Planning Committee of the Whole Minutes April 15, 2013 Page #4

10 f. Other Business Resolution Number: PCOW-5-15/04/13 Councillor Baranik Councillor Brent: Be it resolved that Planning Committee of the Whole recommend to Council that a plaquing initiative be referred to a future Committee meeting. Committee requested staff to provide more information regarding plaquing at a future Committee meeting. 1. None. 6. New and Unfinished Business a. SPA-35/12, Ontario Inc. (Lakeside Lodge), Part of Lots 22 & 23, Concession 10, Parts 2 to 6, Parts 10 to 13, and Part 9 on Plan 35R-10326, (Medora), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Mr. Pink indicated two letters were received, one from the MLA and one from neighbour, Andrew Tkach. In response to Committee s request, Mr. Pink read aloud the letter from Andrew Tkach, a copy of which is attached. Ms. Margaret Walton, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Walton indicated Mr. Stephen Kaiser was also present. Ms. Walton provided a detailed review of the history of the application which was submitted in July, Ms. Walton noted they have been working closely with Mr. Paul Richards to address his concerns. Ms. Walton indicated she was available to answer questions. In response to Committee s questions, Ms. Walton explained the Lakeside Lodge property is permitted to be on a private sewage disposal system. The District Official Plan requires amenities as part of a Tourist Resort. The applicants are contemplating time-share/ fractional ownership, but no decision has been made to date. Mr. Frank Jaglowitz, 1805 Peninsula Road, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Jaglowitz submitted and reviewed his presentation, a copy of which is attached. Mr. Paul Richards, 2050 Peninsula Road, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Richards explained he is the immediate neighbour of the subject property and indicated he felt the proposed would be a dramatic improvement from what currently exists on the subject lot. He noted he also represented other neighbours in the area. Mr. Richards questioned if the gatehouse shown on the site plan would adequately serve as an on-site management office as the proposal is a four season resort. He also questioned the commercial use of the property, what would be available to the travelling public, and the lack of amenities to be offered such as facilities for serving food and drink. Mr. Richards indicated no staff quarters or maintenance and storage buildings were shown on the site plan. He also felt Ministry of the Environment approvals should be in place prior to the approval of the site plan. Planning Committee of the Whole Minutes April 15, 2013 Page #5

11 Ms. Anne McCauley, professional planner, Muskoka Lakes Association, Port Carling, ON, P0B 1J0, attended the meeting. Ms. McCauley indicated she had submitted a letter to the Township, a copy of which is attached. Ms. McCauley reviewed her letter for Committee. In response to Committee s question, Mr. Pink reviewed the definition of Tourist Resort. Mr. Stephen Kaiser, 1541 Haist Street, Fonthill, ON, L0S 1E0, attended the meeting and was permitted to address Committee. In response to Committee s question, Mr. Kaiser indicated they have not determined how many of each model would be built, only that the development would be a mixture of the three models. Mr. Pink reviewed applicable zoning by-law provisions, Official Plan policies, and the provisions of the Site Plan Control By-law for Committee in response to their questions. Committee held a lengthy discussion regarding the proposed number of units, size of the units, servicing, number of bedrooms, size of the on-site management office, ownership, amenities, and common areas. It was the consensus of Committee to defer the application until the following information could be provided: An increase in recreational facilities/amenities on the site; Increased detail of site statistics labeled on the site plan, including dimensions of building envelopes and percentage breakdown of proposed model types; Details on the proposed strategy for housing staff required to operate the development, including plans resulting from the displacement of staff housing currently occupying the site; Phasing provisions, including details on timing; A floor plan and details on the hours of operation of the proposed on-site management office; A larger garbage enclosure; Drafting of a use agreement, or provisions ensuring the continued commercial use of the subject property; Conversion of one of the proposed Housekeeping Units to a Recreational Centre/storage facility; and That the potential incompatibility of the proposed boathouse with neighbouring property owners be addressed. Mr. Brock Napier, Box 77 Minett, ON, P0B 1G0, attended the meeting and was permitted to address Committee. Mr. Napier explained he had spoken with the Ministry of Environment in Barrie and they had indicated to him that along with compliance of approval, the municipality should have a secure agreement to complete the sewage treatment facility. b. ZBA-27/12, Jones, Part Lot 23, Concession 5, (Medora), Roll # A copy of the report is attached. Mr. Pink indicated the application was withdrawn. 7. Committee in Closed Session a. Committee in Closed Session was not held. Planning Committee of the Whole Minutes April 15, 2013 Page #6

12 8. Adjournment a. Consideration of a resolution to adjourn. Resolution Number: PCOW-6-15/04/13 Councillor Kruckel Councillor Brent: Be it resolved that this meeting adjourn at 2:20 p.m. and the next regular meeting of the Planning Committee of the Whole will be held on May 21, 2013 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling, Ontario. Brad Burgess, Chair Cheryl Mortimer, Clerk Planning Committee of the Whole Minutes April 15, 2013 Page #7

13 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES PLANNING COMMITTEE OF THE WHOLE TUESDAY, MAY 21 st, 2013 A Regular Meeting of the Planning Committee of the Whole was held on Tuesday, May 21 st, 2013 at 9:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Councillor Brad Burgess Chair C. Mortimer - Clerk Mayor Alice Murphy Vice Chair C. Wray - CAO Councillor Ruth Nishikawa D. Pink - Director of Planning Councillor Don Furniss A. Lusty - Planning Consultant Councillor Jean-Ann Baranik L. Forbes - Planning Assistant Councillor Donelda Kruckel C. Hollows - Clerk Receptionist Councillor Phil Harding Councillor Ron Brent, Arrived at 9:04 a.m. Councillor McTaggart Councillor Edwards 1. Call to Order a. Mayor Murphy called the meeting to order at 9:00 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: PCOW-1-21/05/13 Councillor Kruckel Councillor Edwards: Be it resolved that the Planning Committee of the Whole agenda dated May 21, 2013, be adopted. 3. Disclosures of Interest a. Councillor Kruckel disclosed a pecuniary interest with items 5.a.5. and 6.a., ZBA-36/12, Hayes, as her spouse owns the subject property, and also a pecuniary interest with items 5.a.7. and 5.f.2., Proposed Rogers Cell Towers, as one of the proposed towers is adjacent to property owned by her spouse. 4. Adoption of Minutes a. Consideration of a resolution to adopt the Planning Committee of the Whole minutes held April 15, Resolution Number PCOW-2-21/05/13 Councillor Edwards Councillor Kruckel: Be it resolved that the Planning Committee of the Whole Meeting minutes held on April 15, 2013 be adopted. Councillor Brent arrived to the meeting at 9:04 a.m. Planning Committee of the Whole Minutes May 21, 2013 Page #1

14 Planning Committee of the Whole Minutes May 21, 2013 Page #2 5. Planning Chair Burgess and Vice Chair Murphy a. Delegations and Petitions 1. Margaret Walton, agent, Planscape attended at 9:07 a.m. Re: item 5.b.1., ZBA-10/13, Hanna's Landing (Refer to item 5.b.1., Report) 2. Sandy Tozer-Spence and Rick Spence attended at 9:12 a.m. Re: item 5.b.1., ZBA-10/13, Hanna's Landing (Refer to item 5.b.1., Report) 3. Anne McCauley, Muskoka Lakes Association, attended at 9:23 a.m. Re: item 5.b.1., ZBA- 10/13, Hanna's Landing (Refer to item 5.b.1., Report) 4. Stephen Fahner, agent, Northern Vision Planning, attended at 10:33 a.m. Re: item 5.b.2., ZBA-11/13, Weatherill (Refer to item 5.b.2., Report) 5. Rick Hunter, agent, Planscape, attended at 10:49 a.m. Re: item 6.a., ZBA-36/12, Hayes (Refer to item 6.a., Report) 6. Terry Ledger, agent, attended at 11:23 a.m. Re: item 5.f.1., Windermere Marina, Cash in Lieu of Parking (Refer to item 5.f.1., Report) 7. Michelle Vivar and Associates, Rogers Communications Inc., attended at 11:38 a.m. Re: item 5.f.2., Proposed Rogers Cell Towers (Refer to item 5.f.2., Report) b. Zoning By-law / Official Plan Amendments 1. ZBA-10/13, Hanna's Landing, Part of Lot 32, Concession 2, Part Lot 6 on Plan M-153, Parts 7 to 9 on Plan 35R-22659, (Medora), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Ms. Margaret Walton, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Walton indicated the proponents of Hanna s Landing, Jerald Silverberg, Len Barkin and Jeff Goldman were also present. Ms. Walton explained the purpose of the application is to bring the zoning by-law into line with recently adopted Official Plan Policies and requested circulation. Ms. Walton indicated they are willing to work with neighbours and have considered comments from Council and the Community. A public road to the waterfront and attainable housing would be included in the development. She noted they would prefer to address docking provisions with text instead of a schedule. Ms. Walton reviewed the various studies and reports that had been prepared regarding water quality, servicing, shoreline protection, and noted all safety concerns would be addressed. Mr. Rick Spence, President of the Friends of Port Carling, 1003 Omnica Road, Unit 3, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Spence felt the proposed 250 houses presented by the proponents in 2007 were too large of a development for the area to support. The growth report from Planscape indicated there would be a demand for housing. Mr. Spence indicated they want to ensure Hanna s Landing will make the least impact to the area, and noted they believe the application is premature. He felt it is not indicated how many units or what is proposed. Mr. Spence stated the knoll is a landmark and should be protected and preserved as parkland. He felt there were too many unanswered questions as to what the proposed density is, plans for docks and boat ramps, retail, and to whom it would be marketed to. Planning Committee of the Whole Minutes May 21, 2013 Page #2

15 Planning Committee of the Whole Minutes May 21, 2013 Page #3 Ms. Anne McCauley, Muskoka Lakes Association (MLA), Box 298, Port Carling, ON, P0B 1J0, attended the meeting. Ms. McCauley indicated the Hanna s Landing proposal would double the population of Port Carling. She explained the MLA appealed the Township s Official Plan to ensure there were more policies that would protect the lands. The Chair of the Ontario Municipal Board (OMB) felt there were sufficient policies. Ms. McCauley questioned how this application could be approved without a concept plan. She felt a concept plan should include the 100 foot wide Open Space area, where the public park area would be, location of retail stores, locations and sizes of attainable housing, and the public street. Ms. McCauley indicated if the application was circulated to the District Municipality of Muskoka (DMM) they would request a phasing plan. Ms. McCauley felt more details should be required before the application is circulated. Ms. Walton indicated the Township did not rely on the growth report provided by Planscape, they relied on the Watson Growth Report. She explained the OMB s Decision determined the density to be permitted on the property. The Township would determine parkland areas and matters such as public roads, and servicing, etc., would be closely scrutinized at the time a plan of condominium or subdivision application was submitted to DMM. Ms. Walton stated the zoning amendment process is appropriate for this stage of the development. She noted there are strict detailed policies in the Township s Official Plan that must be adhered to. In response to Committee s questions, Mr. Pink indicated the Official Plan policies approved by the Ontario Municipal Board are quite specific and detailed, leaving little flexibility to formulate zoning provisions. He reviewed the stages of the approval processes for Committee. Ms. Walton indicated that they did not want to be too specific at this point, as slight modifications that could occur throughout the process, would trigger further amendments. Committee questioned locations and types of commercial uses proposed. Ms. Walton indicated the neighbourhood commercial use is limited to approximately 5000 square feet over the entire property, and the uses are specifically defined in the proposed by-law. Committee held a lengthy discussion regarding phasing, vegetation, attainable housing, building heights, and docking. It was the consensus of Committee to defer the application to clarify issues and to obtain a concept plan and revised draft by-law inclusive of all of staff s recommendations. 2. ZBA-11/13, Weatherill, part of Lot 22, Concession 1, Part 1 on Plan 35R-8253, (Medora), Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Stephen Fahner, agent, Northern Vision Planning, Meadow Heights, Bracebridge, ON, P1L 1A4, attended the meeting and indicated the applicants were present. Mr. Fahner reviewed his PowerPoint presentation for Committee, a copy of which is attached. He circulated an elevation drawing for the proposal, a copy of which is attached. Mr. Fahner indicated he was available to answer questions. In response to Committee s questions, Mr. Pink reviewed applicable zoning by-law provisions. Planning Committee of the Whole Minutes May 21, 2013 Page #3

16 Planning Committee of the Whole Minutes May 21, 2013 Page #4 Resolution Number: PCOW-3-21/05/13 Councillor Kruckel Councillor Furniss: Be it resolved that Zoning Amendment Application ZBA-11/13, Roll # be approved for circulation. c. Site Plans / Plans of Subdivision and Condominium 1. None. d. Long Range Planning / Special Projects 1. None. e. Heritage 1. Heritage Committee Minutes April 3, 2013 and May 8, Copies of the minutes are attached. In response to Committee s questions, Councillor Burgess indicated the Heritage Committee is working on developing policies and procedures to establish best practices for Committee to follow. He explained that the Moon River Property Owners Association will be bringing forth suggestions regarding plantings along Highway # 169 in Bala between the water and the highway. The CAO indicated the Public Works Department have also brought forward suggestions. In response to Committee, Councillor Nishikawa reported on the status of the Historical Village signs initiative. Committee held a lengthy discussion regarding the proposed Bala Heritage Conservation District; the status of municipally owned properties listed on the Municipal Heritage Register and public notification requirements for notice of designations under the Heritage Act and Notice of Committee meetings. 2. Consideration of a resolution resulting from the Heritage Committee Minutes. A copy of the report is attached. f. Other Business This resolution was not considered at this time. 1. Report from the Planning Consultant, Re: Windermere Marina Limited, Cash in Lieu of Parking A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Ms. Terry Ledger, agent, 167 Medora Street, Port Carling, ON, P0B 1J0, attended the meeting. Ms. Ledger circulated a parking assessment she had prepared, a copy of which is attached. Ms. Ledger indicated a letter was sent to the Township from Wayne Moore, Cottage Country Environmental, to confirm compliance with sewage disposal requirements. Ms. Ledger requested boat parking be taken into consideration for parking as most of the patrons are boaters. Ms. Ledger indicated she was available to answer questions. Planning Committee of the Whole Minutes May 21, 2013 Page #4

17 Planning Committee of the Whole Minutes May 21, 2013 Page #5 In response to Committee s question, Ms. Ledger indicated the owner of the Marina assisted with the adjacent Township dock expansion. She noted those docks are not included in what is presented. In response to Committee s questions, Mr. Pink reviewed the provisions of the zoning by-law regarding parking requirements and how the calculation of required parking spaces is determined. Resolution Number: PCOW-4-21/05/13 Councillor McTaggart Councillor Harding: Be it resolved that Cash-in-Lieu of parking be taken for three parking spaces at 1001 Fife Avenue, Windermere subject to: 1. Compliance with the Ontario Building Code with respect to servicing, and; 2. Confirmation of the intended use of a patio/sundeck area as part of the restaurant. 2. Report from the Director of Planning, Re: Proposed Rogers Cell Towers. A copy of the report is attached. Councillor Kruckel left the Council Chambers at 11:35 a.m. as she had disclosed a pecuniary interest with this item. Councillor Nishikawa disclosed a pecuniary interest in this item as she works for Rogers providing site maintenance. She left the Council Chambers at 11:35 a.m. Mr. Pink explained the history, nature, and location of the application/properties. Ms. Michelle Vivar, Municipal Relations, 8200 Dixie Road, Brampton, ON, L6T 0C1, attended the meeting. Ms. Vivar submitted and reviewed a PowerPoint presentation, a copy of which is attached. Ms. Vivar indicated she was available to answer questions as well as her associates that were also present. In response to Committee s questions, Ms. Vivar indicated they attempt to co-locate services with other providers wherever possible. She thought the base of the proposed tower in Port Sandfield may be visible from the road. Committee requested Ms. Vivar to examine the possibility of additional camouflage to the base of the proposed Port Sandfield tower to better blend into the landscape. Committee indicated this matter could be brought directly to the next Council Meeting with any submissions from the neighbours. Resolution Number: PCOW-5-21/05/13 Councillor McTaggart Councillor Harding: Be it resolved that the proposal from Rogers Communications Inc. be circulated to property owners located within 90 metres (300 feet) of the proposed communication towers (Breezy Point and Port Sandfield). Councillors Kruckel and Nishikawa returned to the Council Chambers at 11:56 a.m. Planning Committee of the Whole Minutes May 21, 2013 Page #5

18 Planning Committee of the Whole Minutes May 21, 2013 Page #6 3. Stills Bay OMB Decision. A copy of the decision is attached. Mr. Pink provided a review of the OMB decision. Committee held a brief discussion regarding the site plan for the property. It was the consensus of Committee that staff proceeds with approval of the site plan. 6. New and Unfinished Business Councillor Kruckel left the Council Chambers at 10:46 a.m. as she had disclosed a pecuniary interest with this item. a. ZBA-36/12, Hayes, Part of Lots 16, 17 & 18, Concession 1, (Wood), Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Rick Hunter, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Hunter reviewed the recent history of the property. Mr. Hunter indicated they have submitted an Official Plan Amendment application, however, he felt it was not required. Mr. Hunter requested Committee to approve both applications for circulation. Committee held a lengthy discussion regarding the recent submission of an Official Plan amendment application in conjunction with the zoning amendment. It was the consensus of Committee to defer the matter until Committee could review both applications simultaneously. Councillor Kruckel returned to the Council Chambers at 11:15 a.m. 7. Committee in Closed Session a. Committee in Closed Session was not held. 8. Adjournment a. Consideration of a resolution to adjourn. Resolution Number: PCOW-6-21/05/13 Councillor Harding Councillor Baranik: Be it resolved that this meeting adjourn at 12:45 p.m., and the next regular meeting of the Planning Committee of the Whole will be held on June 17, 2013 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling, Ontario. Brad Burgess, Chair Cheryl Mortimer, Clerk Planning Committee of the Whole Minutes May 21, 2013 Page #6

19 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES PLANNING COMMITTEE OF THE WHOLE MEETING MONDAY, JUNE 17 TH, 2013 A Regular Meeting of the Planning Committee of the Whole was held on Monday, June 17 th, 2013 at 9:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Councillor Brad Burgess Chair C. Mortimer - Clerk Mayor Alice Murphy Vice Chair C. Wray - CAO Councillor Ruth Nishikawa D. Pink - Director of Planning Councillor Don Furniss A. Lusty - Planning Consultant Councillor Jean-Ann Baranik L. Forbes - Planning Assistant Councillor Phil Harding M. Ellis - Planner Councillor Ron Brent C. Hollows - Clerk Receptionist Councillor McTaggart Councillor Edwards REGRETS; Councillor Kruckel 1. Call to Order a. Mayor Murphy called the meeting to order at 9:02 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number: PCOW-1-17/06/13 Councillor Baranik Councillor Harding: Be it resolved that the Planning Committee of the Whole Meeting agenda dated June 17, 2013, be adopted. 3. Disclosures of Interest a. Councillor Nishikawa disclosed a pecuniary interest with items 5.a.1. and 5.b.1., ZBA-12/13, Estate of Lawrence, for employment reasons. 4. Adoption of Minutes a. Consideration of a resolution to adopt the Planning Committee of the Whole Meeting minutes held May 21, Resolution Number PCOW-2-17/06/13 Councillor Brent Councillor Nishikawa: Be it resolved that the Planning Committee of the Whole meeting minutes held on May 21, 2013 be adopted. Planning Committee of the Whole Minutes June 17, 2013 Page #1

20 Planning Committee of the Whole Minutes June 17, 2013 Page #2 5. Planning Chair Burgess and Vice Chair Murphy a. Delegations and Petitions 1. Angela Ghikadis, agent, Planscape attended at 9:05 a.m., Re: item 5.b.1., ZBA-12/13, Estate of Lawrence. Refer to item 5.b.1., Report. 2. Simon Hirsh, applicant, attended at 9:15 a.m., Re: item 5.b.2., ZBA-14/13, Hirsh Resort Developments. Refer to item 5.b.2., Report. 3. Rick Hunter, agent, Planscape, attended at 10:36 a.m., Re: item 6.a., OPA-47 and ZBA- 36/12, Hayes. Refer to item 6.a., Report. b. Zoning By-law / Official Plan Amendments Councillor Nishikawa left the Council Table at 9:04 a.m. as she had disclosed a pecuniary interest with this item for employment reasons. She did not participate in the matter. 1. ZBA-12/13, Estate of Lawrence, Part of Lot 26, Concession 5, (Wood), Roll # A copy of the report is attached. Mr. Ellis explained the history, nature, and location of the application/property. Ms. Angela Ghikadis, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis explained she represented prospective purchasers of the property, the O Malley s. Ms. Ghikadis reviewed the purpose of the application and indicated she was available to answer questions. In response to Committee s questions, Ms. Ghikadis reviewed the outstanding conditions of consent application B/07/13/ML. Mr. Pink indicated that if Committee agreed to circulate, staff would recommend to Council at the Public Meeting, that third reading of the by-law be withheld until the severance is complete. Resolution Number: PCOW-3-17/06/13 Councillor McTaggart Councillor Brent: Be it resolved that Zoning By-law Amendment Application ZBA-12/13, Estate of Lawrence, Roll # , be approved for circulation. It was the consensus of Committee that site plan control be imposed on the subject property. Councillor Nishikawa returned to the Council Table at 9:10 a.m. Planning Committee of the Whole Minutes June 17, 2013 Page #2

21 Planning Committee of the Whole Minutes June 17, 2013 Page #3 2. ZBA-14/13, Hirsh Resort Developments, Lots 39 & 40, Part of Lots 41 & 114 on Plan 1, (Port Carling), Parts 2,3 & Part of Part 1 on Plan 35R-8570, Part 2 on Plan 35R-8941, Part 1 on Plan 35R-15179, Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Simon Hirsh, agent, 8 Glen Abbey Lane, Rosseau, ON, P0C 1H0, attended the meeting. Mr. Hirsh reviewed the differences between the present application and what the current approvals permitted. Mr. Hirsh indicated he had been unaware the approved site plan had an expiration date and requested an extension of the site plan. Staff and the applicant answered questions for Committee regarding the number of units proposed, required and proposed number of parking spaces, public space, green space and number of boathouses. In response to Committee s question, Mr. Pink confirmed that the zoning by-law does not permit a mobile unit on the lands until such time as a Building Permit is issued. Mr. Pink explained the current process and the request by the applicant to extend the previous site plan approval. If the previously approved site plan is extended and securities are received, a Building Permit would be available based on previous approvals. Committee held a lengthy discussion regarding the zoning by-law amendment and the potential to extend the previously approved site plan. Committee requested consideration be given to extending the existing site plan approval. Mayor Murphy requested that this item be considered separately from the zoning by-law amendment application. Resolution Number: PCOW-4-17/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Zoning By-law Amendment Application ZBA-14/13, Hirsh Resort Developments, Roll # , be approved for circulation, subject to the receipt of concept drawings in compliance with the site plan, dated June 6, As consideration of the site plan was not included as an agenda item, the following motion to suspend the rules of Procedure was passed. Resolution Number: PCOW-5-17/06/13 Councillor McTaggart Councillor Furniss: Be it resolved that pursuant to Section 2(c) of the Township s Procedural By-law , the Rules of Procedure are suspended. Resolution Number: PCOW-6-17/06/13 Councillor Furniss Councillor Baranik: Be it resolved that the previous approval for Site Plan Application SPA-40/12 be extended until the date of July 31, 2013, subject to all previously required conditions. Planning Committee of the Whole Minutes June 17, 2013 Page #3

22 Planning Committee of the Whole Minutes June 17, 2013 Page #4 Resolution Number: PCOW-7-17/06/13 Councillor Baranik Councillor Harding: Be it resolved that the Rules of Procedure are hereby no longer suspended. c. Site Plans / Plans of Subdivision and Condominium 1. None. d. Long Range Planning / Special Projects e. Heritage 1. Report from the Director of Planning, Re: Dark Sky Lighting. A copy of the report is attached. Mr. Pink reviewed his report for Committee. Committee held a brief discussion and requested that the CAO and the Director of Public Works work together with the Chairs and Vice Chairs of Public Works and Administration, with the goal of drafting a dark sky lighting by-law and policy, including an educational component, for Council s consideration. 2. Report from the Director of Planning, Re: Rooming Houses. A copy of the report is attached. Mr. Pink reviewed his report for Committee. Committee held a lengthy discussion and requested staff to bring forward a zoning by-law amendment regarding Rooming Houses as per draft By-law for Council s consideration at the July Council meeting, as two Public Meetings have been held. They also requested that upon approval, the Rooming House steering committee meet to begin drafting a Rooming House Licensing by-law pursuant to the Municipal Act. 3. Report from the Director of Planning, Re: Comprehensive Zoning By-law Review Issues Report. A copy of the report is attached. Mr. Pink reviewed his report and answered questions for Committee. 1. Heritage Committee Minutes - May 8, 2013 and June 5, Copies of the minutes are attached. In response to Committee s questions, Mr. Pink indicated the Request for Proposal to undertake a Heritage District study in Bala would be overseen by the Heritage Committee. Mr. Pink explained he had corresponded with Canadian Pacific Railway regarding the Cenotaph s location on their lands. He indicated they would consider declaring those lands surplus, but it would take some time to complete the process. Planning Committee of the Whole Minutes June 17, 2013 Page #4

23 Planning Committee of the Whole Minutes June 17, 2013 Page #5 f. Other Business 1. Report from the Director of Planning, Re: Proposed Official Plan Amendment to the Muskoka Official Plan (Condominiums in Urban Areas). A copy of the report is attached. Mr. Pink reviewed his report for Committee. Resolution Number: PCOW-9-17/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Planning Committee of the Whole recommend to Council that the comments within the staff report dated June 17, 2013 be forwarded to the District Municipality of Muskoka regarding proposed Official Plan Amendment 36 to the Muskoka Official Plan (Condominiums in Urban Areas). 6. New and Unfinished Business a. OPA-47, ZBA-36/12, Hayes, Part of Lots 16, 17 & 18, Concession 1, (Wood), Roll # A copy of the report is attached. Mr. Lusty explained the history, nature, and location of the application/property. Mr. Rick Hunter, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Mr. Hunter reviewed the purpose of the applications and the process for Committee. He explained he had met with staff to craft the wording for the Official Plan Amendment. Mr. Hunter felt the approval of these applications would not set a precedent. In response to Committee s question, Mr. Hunter indicated they could use the distance from the seasonal road to the dwelling to further define the amendment. Committee held a brief discussion and agreed to include that the distance of the seasonal roadway from the residential use/building be a maximum of 200 metres. Resolution Number: PCOW-8-17/06/13 Councillor Edwards Councillor Furniss: Be it resolved that Official Plan Amendment application, OPA-47 and Zoning By-law Amendment application ZBA-36/12, Hayes, Roll # be approved for circulation, subject to an additional policy requiring a maximum distance of 200 m for the residential use from the seasonally maintained road. b. Verbal Report from the Director of Planning, Re: Bear Cave Stone Ltd. Mr. Pink reviewed the attached documents received from the Ministry of Natural Resources for Committee with respect to the aggregate permit issued pursuant to the Aggregate Resources Act. Planning Committee of the Whole Minutes June 17, 2013 Page #5

24 Planning Committee of the Whole Minutes June 17, 2013 Page #6 c. Verbal Report from the Director of Planning, Re: Zoning By-law Review, Open House Mr. Pink reported to Committee on the two Open Houses held on Friday, June 14, 2013, from 6:30 p.m. to 8:30 p.m., and Saturday, June 15, 2013, from 10 a.m. until noon. The Issues Report prepared by Jones Consulting was broken down and presented on boards for the public to view. A brief presentation was given on Saturday. Mr. Pink indicated comment sheets were provided at the Open House. The sheet would be made available on the Township website to provide an opportunity for additional comments. 7. Committee in Closed Session a. Committee in Closed Session was not held. 8. Adjournment a. Consideration of a resolution to adjourn. Resolution Number: PCOW-10-17/06/13 Councillor Furniss Councillor Edwards: Be it resolved that this meeting adjourn at 12:18 p.m., and the next regular meeting of the Planning Committee of the Whole will be held on July 15, 2013 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling, Ontario. Brad Burgess, Chair Cheryl Mortimer, Clerk Planning Committee of the Whole Minutes June 17, 2013 Page #6