AGENDA - PLANNING COMMITTEE OF THE WHOLE APRIL 20, 2015 · 2016-01-17 · DRAFT Special Planning Committee of the Whole Minutes – March 12, 2015 - Page 1 of 5 THE CORPORATION OF

A Regular Meeting of the Planning Committee of the Whole will be held on April 20, 2015 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.

AGENDA - PLANNING COMMITTEE OF THE WHOLE

APRIL 20, 2015

Page

1. Call to Order

2. Adoption of Agenda

a. Consideration of a resolution to adopt the agenda.

3. Disclosure of Interest

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Special Planning Committee of the Whole Meeting minutes held on March 12, 2015.

5. Planning

a. Delegations and Petitions

1. Rebecca Willison, Watershed Planning Technician, District Municipality of Muskoka, to attend Re: Annual Update on the District of Muskoka's Water Quality Monitoring Program

2. Jim Dyment, to attend, Re: Skeleton Lake, Lake Plan

3. Ron Brent, to attend Re: item 5.c.1., Release of Site Plan Agreement, SPA-15/03

b. Zoning By-law / Official Plan Amendments

c. Site Plans / Plans of Subdivision and Condominium

1. Report from the Director of Planning, Re: Release of Site Plan Agreement, SPA-15/03, Brent Ullswater Pit, Roll # 2-23-097

2. Report from the Senior Planner, Re: Return of Securities, SPA-29/2000, (1108827 Ontario Ltd.), The Rock Golf Club

3-7

8-27

28-42

43-47

48-50

Page 1 of 55

Page

d. Long Range Planning / Special Projects

1. Report from the Director of Planning, Re: Ontario Municipal Board Appeals to Comprehensive Zoning By-law 2014-14

e. Heritage

f. Other Business

6. New and Unfinished Business

7. Committee in Closed Session

8. Adjournment

a. Consideration of a resolution to adjourn.

51-55

Page 2 of 55

DRAFT

Special Planning Committee of the Whole Minutes – March 12, 2015 - Page 1 of 5

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES – SPECIAL PLANNING COMMITTEE OF THE WHOLE

THURSDAY, MARCH 12TH, 2015

A Special Meeting of the Planning Committee of the Whole was held on Thursday, March 12th, 2015 at 9:00 a.m. in the Council Chambers, Municipal Office, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Don Furniss C. Mortimer - Clerk D. Pink - Director of Planning COUNCILLORS: R. Allen - Senior Planner Ruth Nishikawa L. Forbes - Planning Assistant Allen Edwards - Chair N. Donald - Development Services Coordinator Jean-Ann Baranik Gault McTaggart Linda Barrick-Spearn Phil Harding Sandy Currie REGRETS: Donelda Kruckel Terry Ledger 1. Call to Order

a. Chair Edwards 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: SPCOW-1-12/03/15 Councillor Barrick-Spearn – Councillor Baranik: Be it resolved that the Special Planning Committee of the Whole agenda dated March 12, 2015, be adopted. Carried.

3. Disclosures of Interest

a. None.

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Planning Committee of the Whole minutes held January 19, 2015.

Resolution Number SPCOW-2-12/03/15 Councillor Barrick-Spearn – Councillor Baranik: Be it resolved that the Planning Committee of the Whole Meeting minutes held on January 19, 2015 be adopted. Carried.

Consideration of a resolution to adopt the Special

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DRAFT



5. Planning

a. Delegations and Petitions

1. Margaret Walton, agent, Planscape, attended at 9:05 a.m., Re: item 5.c.1., SPA-01/15,

Ferndale Fun Inc. (Refer to item 5.c.1., Report)

2. Lisa Noonan, General Manager, Muskoka Lakes Association, attended at 9:17 a.m., Re: Results of 2014 Water Quality Testing Ms. Noonan reviewed the attached PowerPoint presentation regarding the MLA’s 2014 water quality testing results. In response to Committee’s questions, Ms. Anne McCauley, Muskoka Lakes Association (MLA), who was in attendance, reviewed the difference between the MLA and Ministry of Environment’s water testing protocol. Ms. McCauley indicated that regardless of the method of testing, there are areas of concern. Committee requested Ms. Margaret Walton, agent for Ken Fowler Enterprises, who was in attendance, to comment. Ms. Walton indicated she was not a water quality expert, but addressed Committee on water quality testing protocols. She noted that water quality is of great importance to her clients and would work to address any issues.

3. Anne McCauley, Muskoka Lakes Association, attended at 9:41 a.m., Re: Setbacks for Sewage Disposal Systems. (Refer to item 5.d.2., Report)

b. Zoning By-law / Official Plan Amendments

1. None.

c. Site Plans / Plans of Subdivision and Condominium

1. SPA-01/15, Ferndale Fun Inc., Part of Lots 28 & 29, Concession 6, Part of Lots 29 & 30, Concession 6, Parts 5 & 6 on Plan 35R-6021, Parts 1, 16, 17, 23, 24, 26, 31, 35 on Plan 35R-8837, (Medora), Roll # 5-4-092. A copy of the report is attached. Mr. Allen 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 that due to insufficient water depth the boathouse may need to be moved an additional five feet further from shore. Ms. Walton requested the resolution be enacted at the March 13, 2015 Council meeting as it is easier to begin construction while the ice is still on the lake. She noted there are also timelines that need to be followed to protect fish spawning habitat. In response to Committee’s question, Ms. Walton indicated fish spawning occurs between May and July, and noted there is Type 1 fish habitat on the point of land to the north of the proposed boathouse. Council held a brief discussion and it was the consensus to move the item forward to the March 13, 2015 Council meeting for consideration of enactment.


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Resolution Number SPCOW-3-12/03/15 Councillor Baranik – Councillor Barrick-Spearn: Be it resolved that Planning Committee of the Whole recommend to Council that Site Plan Agreement application, SPA-01/15 (Ferndale Fun Inc., Roll # 5-4-092) be approved. This approval will expire on October 16, 2015 unless the corresponding Site Plan Agreement has been registered on title of the lands. Carried.

2. Report from the Senior Planner, Re, Return of Securities for SPA-20/13, Bruce Wilson

Holdings. A copy of the report is attached. Mr. Allen explained the history, nature, and location of the application/property. In response to Council’s questions, Mr. Pink indicated a substantial amount of securities would still be held by the Municipality. There are a number of provisions in the site plan agreement to ensure the completed works will perform. Committee noted that the resolution will not be enacted until the April 17, 2015 meeting of Council which will provide time to review the performance of stormwater management works.

Resolution Number PCOW-5-12/03/15 Councillor Baranik – Councillor Barrick-Spearn: Be it resolved that Planning Committee of the Whole recommend to Council that $56,726 of the securities held in relation to SPA 20/13 (Bruce Wilson Holdings, Roll # 5-3-071-10) be returned in recognition of the completed works on site. Carried.

d. Long Range Planning / Special Projects

1. Report from the Director of Planning, Re: Rooming House Licensing By-law 2014-35.

A copy of the report is attached. Mr. Pink reviewed his report for Committee. Mr. Pink answered questions from Committee and indicated the responsibility of compliance of a rooming house would ultimately be the responsibility of the landowner. Mr. Pink indicated enforcement of the by-law would be complaint driven and does pose challenges. Committee held a brief discussion regarding by-law enforcement and privacy concerns and requested two changes to the definition. Committee also requested a future Committee of the Whole report with respect to by-law enforcement operations.

Resolution Number SPCOW-6-12/03/15 Councillor Baranik – Councillor Barrick-Spearn: Be it resolved that Rooming House Licensing By-law 2014-35 be brought to a future Council meeting for consideration. And further that the Tariff of Fee By-law be updated and a Committee be appointed and delegated to deal with Rooming House Licensing Matters. Carried.


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2. Report from the Director of Planning, Re: Setbacks for Sewage Disposal Systems. A copy of the report is attached. Mr. Pink reviewed his report for Committee. Mr. Pink explained that since writing the report he was in receipt of a legal opinion that indicated a zoning by-law could include greater setbacks than what is required for sewage disposal systems under the Ontario Building Code. Ms. Anne McCauley, Muskoka Lakes Association (MLA), attended the meeting. Ms. McCauley indicated that water quality is very important to the MLA. She felt the zoning by-law could include a provision for sewage disposal systems setbacks over and above what is required under the Ontario Building Code. Ms. McCauley stated the MLA would be submitting an appeal to Comprehensive Zoning By-law 2014-14. She noted the front yard setback for sewage disposal systems in the Township’s Official Plan is 100 feet. In response to Committee’s questions, Mr. Pink reviewed different scenarios if the proposed setback is included in the zoning by-law, whether Council passes a by-law or the Ontario Municipal Board makes a ruling on the matter. Mr. Pink noted the inclusion of a provision in the zoning by-law regarding sewage disposal systems could have significant administrative implications. Committee held a lengthy discussion regarding the proposed setback for sewage disposal systems and agreed a Public Meeting should be held sometime after the May long weekend to include seasonal residents. Notification is to include the Township website and emails to known lake associations.

Resolution Number SPCOW-4-12/03/15

Councillor Baranik – Councillor Barrick-Spearn: Be it resolved that a Public Meeting be held on the proposed amendments to By-law 2014-14 to impose setbacks from the high water mark for sewage disposal systems. Carried.

e. Heritage

1. None.

f. Other Business

1. Verbal Report from the Director of Planning, Re: Appendices to Comprehensive Zoning By-law

2014-14. Mr. Pink indicated appendices were included in the new by-law provided by the Consultant. Staff has made improved drawings to demonstrate various situations to assist the public in understanding the by-law. Mr. Pink reviewed the drawings, copies of which are attached. In response to Committee’s question, Mr. Pink indicated the height of a boathouse is measured from the top of the dock. He noted Committee could consider amending the By-law in the future if there was concern.

2. Verbal Report from the Director of Planning, Re: Planning Notices on the Township Website Mr. Pink indicated inter-active web-based mapping with Comprehensive Zoning By-law 2014-14 zoning schedules would soon be available on the Township website. Mr. Pink explained the Township has had a number of requests from lake associations regarding notification of


Page 6 of 55

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planning applications on specific lakes. Administratively this can be difficult, as such all notices of upcoming Public Meetings will be placed on the website and will be continuously updated. Council requested a link to the Notices be placed on the home page of the Township website and to include the lake name to be easily identified by lake associations.

6. New and Unfinished Business

a. None.

7. Committee in Closed Session

a. None. 8. Adjournment

a. Consideration of a resolution to adjourn.

Resolution Number: SPCOW-7-12/03/15 Councillor Baranik – Councillor Barrick-Spearn: Be it resolved that this meeting adjourn at 11:16 a.m., and the next regular meeting of the Planning Committee of the Whole will be held on April 20, 2015 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling. Carried.

Allen Edwards, Chair Cheryl Mortimer, Clerk


Page 7 of 55

Monitoring Muskoka’s Water

Lake System Health Water Quality Monitoring Program 2014 Results

Township of Muskoka Lakes

20 April 2015

Rebecca Willison, BSc.

Watershed Planning Technician

Rebecca W

illison, W

atershed Planning

Page 8 of 55

164 Lakes

Rebecca W

illison, W

atershed Planning

Page 9 of 55

164 Lakes

193 Sites

Rebecca W

illison, W

atershed Planning

Page 10 of 55

Monitoring Activities • Total Phosphorus & Other Parameters

• Water Clarity

• Dissolved Oxygen & Temperature Profiles

• Biweekly Monitoring – Lake Joseph

• Shoreline Land Use Surveys

• Love Your Lake Assessments & Renaturalizations

• Benthic Macroinvertebrate Monitoring

• Terrestrial Plot Monitoring

• Presentations & Workshops

Rebecca W

illison, W

atershed Planning

Page 11 of 55

Chemical

Huntsville 11 Sites on 8 Lakes

Gravenhurst 5 Sites on 5 Lakes

Bracebridge 7 Sites on 7 Lakes

Georgian Bay 12 Sites on 11 Lakes Lake of Bays

18 Sites on 18 Lakes

Muskoka Lakes 26 Sites on 18 Lakes

Seguin * 4 Sites on 1 Lake

2014: 83 Sites

67 Lakes

Rebecca W

illison, W

atershed Planning

Page 12 of 55

Muskoka Lakes

2014:

• 26 Sites

• 18 Lakes

Rebecca W

illison, W

atershed Planning

Page 13 of 55

Other Chemical Parameters • ALKALINITY; GRAN

• ALKALINITY; TFE 4.5

• ALUMINUM

• ANIONS

• ANTIMONY

• ARSENIC

• BARIUM

• BERYLLIUM

• BORON

• CADMIUM

• CALCIUM

• CARBON; DISSOLVED

INORGANIC

• CARBON; DISSOLVED

ORGANIC

• CATIONS

• CHLORIDE

• CHROMIUM

• COBALT

• COLOUR; TRUE

• CONDUCTIVITY

• CONDUCTIVITY ESTIMATED

• COPPER

• ION BALANCE CALCULATION

• IRON

• LEAD

• MAGNESIUM

• MANGANESE

• MOLYBDENUM

• NICKEL

• NITROGEN;

AMMONIA+AMMONIUM

• NITROGEN; NITRATE+NITRITE

• NITROGEN; TOTAL KJELDAHL

• PH

• PHOSPHORUS; TOTAL

• POTASSIUM

• SELENIUM

• SILICON; REACTIVE SILICATE

• SILVER

• SODIUM

• SOLIDS; DISSOLVED

ESTIMATED

• STRONTIUM

• SULPHATE

• THALLIUM

• TITANIUM

• URANIUM

• VANADIUM

• ZINC

46 Total

Rebecca W

illison, W

atershed Planning

Page 14 of 55

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Rebecca W

illison, W

atershed Planning

Page 15 of 55

Lake Data Sheets www.muskokawaterweb.ca

Rebecca W

illison, W

atershed Planning

Page 16 of 55

Other

Monitoring

Terrestrial 1 Site Resurveyed Shoreline Surveys

9 Lakes Updated

Love Your Lake • 3 Lakes Assessed

• Renaturalizations

on 2 Lakes

Benthic 26 Sites on 23 Lakes & 1 River

Rebecca W

illison, W

atershed Planning

Page 17 of 55

Shoreline Land Use Surveys

• Program began in 2002.

• 62 waterbodies have been surveyed to date.

• 14 of these have been resurveyed.

• What we look at: • Built structures on the shoreline

• Condition of the shoreline

• General land uses adjacent to the lake

Rebecca W

illison, W

atershed Planning

Page 18 of 55

Shoreline Land Use Surveys

• 9 waterbodies originally surveyed between 2002 and 2005 were resurveyed in 2014.

Loon Lake (GR) Six Mile Lake (GB)

Muldrew Lake (GR) Turtle Lake (GR)

Rebecca Lake (LOB) Twelve Mile Bay (GB)

Ril Lake (LOB) Lake Waseosa (HT)

Riley Lake (GR)

• Average changes: Shoreline: 0.3% less natural Adjacent: 7% less natural

Structures: 25% more

Rebecca W

illison, W

atershed Planning

Page 19 of 55

Benthic & Terrestrial Monitoring


• 46 waterbodies have been monitored to date, many have multiple sites and several years of data.

• Benthic monitoring (bugs in the mud) in 2014: 26 sites on 23 lakes and 1 river.

• Most sampling occurs in conjunction with the lake association and volunteers.

Rebecca W

illison, W

atershed Planning

Page 20 of 55

Love Your Lake Assessments


• 6 waterbodies have been surveyed to date.

• Developed and partially funded by WC and CWF.

• MWC is the delivery agent for Muskoka with the assistance of DMM.

• 3 lakes participated in 2014: North Bay, South Bay (with GBBR) and a portion of Lake of Bays (with LOBA).

Rebecca W

illison, W

atershed Planning

Page 21 of 55

Love Your Lake Assessments

• Evaluates the shoreline area of all properties on a lake using a standard protocol.

• Property owners receive a personalized property report and information package as well as suggested actions for shoreline enhancement.

Rebecca W

illison, W

atershed Planning

Page 22 of 55

Love Your Lake Plantings

• New component in 2014.

• Subsidized shoreline renaturalization program funded through DFO’s Recreational Fisheries Conservation Partnerships Program.

• 5 properties were renaturalized on lakes that were assessed in 2013 through LYL: 2 on Peninsula Lake and 3 on Leonard Lake.

Rebecca W

illison, W

atershed Planning

Page 23 of 55

Rebecca W

illison, W

atershed Planning

Page 24 of 55

Access to Data

• Annual Water Quality Monitoring Report

• Muskoka Water Web • Lake Data Sheets

• Shoreline Land Use Survey Maps

• Aquatic Data Sheets

• MNR Fisheries Fact Sheets

• Stewardship Resources & Information

www.muskokawaterweb.ca

Rebecca W

illison, W

atershed Planning

Page 25 of 55

2015 Schedule

• 84 sites on 70 lakes are scheduled to be sampled for chemical parameters, including 16 sites in Muskoka Lakes.

• Complete LYL assessments on Lake of Bays and renaturalize 5 properties.

• At least 35 organizations will participate in the 2015 Biological Monitoring program through the collection of benthic macro-invertebrate data, terrestrial monitoring data, or attending a presentation or workshop.

Rebecca W

illison, W

atershed Planning

Page 26 of 55

Thank you. Questions?

Rebecca W

illison, W

atershed Planning

Page 27 of 55

Jim D

yment, to attend, R

e: S

keleton Lake, Lake Plan

Page 28 of 55

Skeleton Lake Co,agers Organiza3on (SLCO) undertook this planning effort to: •  provide itself with a Lake Plan for the achievement of its mission;

•  provide municipal planning authori3es with documenta8on iden8fying the values and the features that the property owners of the Skeleton Lake watershed have a common interest in preserving;

•  iden8fy specific stewardship ac3ons Skeleton Lake stakeholders, and the SLCO, can take in implemen8ng the plan’s mission.

Jim D

yment, to attend, R

e: S


Page 29 of 55

DEVELOPMENT OF THE PLAN Jim D

yment, to attend, R

e: S


Page 30 of 55

Skeleton Lake Plan A Two-‐Part Stewardship Program A. Watershed B. Community Culture

TWO STRATEGIC INITIATIVES

Jim D

yment, to attend, R

e: S


Page 31 of 55

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Jim D

yment, to attend, R

e: S


Page 32 of 55

THE PLAN’S MISSION

To ensure the preserva.on and stewardship of Skeleton Lake and its surrounding watershed by ensuring that the Lake maintains all of its many unique quali.es for genera.ons to come.

Jim D

yment, to attend, R

e: S


Page 33 of 55

MUSKOKA LAKESMUSKOKA LAKES

HUNTSVILLEHUNTSVILLE

Portage

Old Mill

Aerodrome

Rock Face

Long Point

Short Point

Devils Face

Public Beach

Jumping Rock

Fish Hatchery

Tomlin BluffsTomlin Bluffs

Pinnacle Point

Briese Sawmill

Bailey's Point

Newport Shallows

Natural Spawning Bed

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B a y

L o n g

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H o r t ' s B a y

M o o r e ' s

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B a y

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B a y

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B a y

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Camp Ramah

Camp Kewasin

Salvation Army Camp

Rob Roy

Island M

Island N

Gull Rock

Lee Island

Hog's Back

Duck Island

Opal Island

Burnt Island

Aslee Island

Minett Island

Shanty Island

Hymer's Island Clifton Island

Rosebud Island

Anderson Island

Dinosaur Island

One Tree Island

Blueberry Island

Kelly Twin Islands

Pickeral Spawning Bed



Lake Trout Spawning Bed

Lake Trout Spawning Bed

Woodland's Marina

Reef For Diving

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High Lake

Barnes Lake

Fraser Lake

Parker Lake

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RD

BERT SIM

S RD

BIL

LS

RD

BUTTLER MIL

L RD

SKELETO

N LK

5 RD

SKELETO

N LK

4 RD

STROUD BEACH R

D

SK

EL

ET

ON

LK

2 R

D

CA

MP

NE

WP

OR

T R

D

LAKEVIEW RD

THE CUT

HWY 141

Skeleton LakeNatural Heritage

FeaturesLegend

Skeleton Lake ANSI, Earth Science

ESA - Beaumont Bay Carbonates

Rainbow Smelt Spawning Area

Wooded Area

Municipal Boundary

Lake

Wetland Area

Provincial Highway

Arterial Road

Local Road

0 500 1,000 1,500

Metres

µData Source:All data provided by the Ministry of Natural Resources throughLand Information Ontario (LIO) and the Ontario Geospatial DataExchange (OGDE)

Projection: UTMDatum: NAD 83, Zone 17N

July 2, 2013

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STEWARDSHIP OBJECTIVES AND ACTIONS FOR CULTURE

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SKELETON LAKE PLAN 1.  Formally request that local municipali8es provide to the SLCO, no3ce of

planning applica3ons affec8ng land use within the Skeleton Lake watershed pursuant to the provisions for No8ce under the Planning Act.

2.  Provide informa3on regarding planning applica3ons on the SLCO website. 3.  Formally request that the lot crea8on policies requiring 90 m frontage for new

lots be implemented in the Town of Huntsville Official Plan. 4.  Formally request that the yard, setback and lot coverage provisions for

shoreline development contained in the Township of Muskoka Lakes Zoning By-‐law be incorporated into the Town of Huntsville Zoning By-‐law for that part of Skeleton Lake located in the Town of Huntsville.

5.  Seek recogni8on of the Lake as a Source Water under the Clean Water Act. 6.  Provide copies of this Plan to the area municipali8es for inclusion in their

Official Plans. This informa8on includes more detailed natural features mapping, for iden8fica8on of significant cultural and geologic landscapes that should be provided a higher level of protec8on.

7.  Request recogni8on of the features as an Earth Science ANSI by the Province and District.

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SKELETON LAKE PLAN 8.  Request that the steep rock cliffs on the Lake, such as the Devil’s Face, be

recognized as Significant Cultural Landscapes in local planning policy. 9.  Encourage greater limita3ons on lot crea3on and land uses such as aggregate

extrac8on within the watershed. 10.  Provide more detailed wetland mapping to the Provincial, District and local

governments. 11.  Request policies and legisla8on to protect all wetlands in the watershed. 12.  Monitor both municipal agendas for maeers of common interest to watershed

residents as expressed in this Plan, and no8fy the membership. 13.  Aeend mee8ngs and communicate with municipal authori3es as required to

represent the common interests expressed in this Plan. 14.  Request that our poli8cal representa8ves on the municipal councils

communicate with the SLCO with respect to decisions that impact Skeleton Lake and, in the case where decisions are made that deviate from the Official Plan, describe the Council’s ra8onale for devia8ng from approved policies.

15.  Track Council decisions and inform members of the SLCO on how council candidates voted on issues and views on Skeleton Lake planning issues so that SLCO members may hold them accountable at elec8on 8me.

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Establish Stewardship Programs Watershed Stewardship

1.  On a regular basis, inform coeagers/residents on results of the SLCO water quality monitoring program, including trends in data and any remedial ac8ons that should be taken in response to water quality concerns.

2.  Make available to coeagers/residents, via newsleeers, pamphlets, website and workshops a range of informa8on on lake stewardship ac3ons that can be taken by individuals, or by the Lake community ac8ng together.

3.  Develop and provide to those who rent co,ages a poster that can be displayed in a prominent place and clearly iden8fies “do and don’ts” for renters who may have liele knowledge of appropriate, or inappropriate, ac8ons with respect to water quality, noise, boa8ng prac8ces, etc..

4.  Ini8ate a regular dialogue with municipali8es on the results of the SLCO water quality monitoring program.

5.  Provide stewardship informa3on pamphlets at key water access points and marinas.

6.  Encourage and sponsor community involvement in remedial efforts to preserve the valued aspects of the Lake.

7.  Encourage educa8onal ins8tu8ons to undertake further analysis of wetlands and water quality in the watershed.

8.  Appoint a SLCO Director of Stewardship to establish programs, including a volunteer commieee, with an appropriate budget.

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Establish Stewardship Programs Community Culture Stewardship

1.  Undertake and publish a detailed history of Skeleton Lake. 2.  Create and market a map showing the significant features of the lake. 3.  Develop a greater sense of a community culture of stewardship through

on-‐going educa8onal programming and distribu8on of informa8on. 4.  Strengthen the SLCO through increased membership and recruitment of

volunteers. 5.  Build a stronger watershed iden3ty by beeer publicizing, and

coordina8ng events, improving communica8ons through the use of technology, and providing addi8onal opportuni8es for social interac8on amongst members.

6.  Discourage the use of fireworks except for civic holidays. 7.  Promote a culture that respects the right to peace and quiet. 8.  Encourage residents to shop locally and support local businesses. 9.  Encourage local property maintenance businesses to consider low

impact landscaping, avoiding invasive species and use of high nutrient soils and fer8lizers

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WHERE DO WE GO FROM HERE

•  Submit to Town of Huntsville, Township of Muskoka Lakes and District of Muskoka

•  Hard copies available at cost to produce •  Ini8ate Stewardship Ac8ons and Programs •  Work with Muskoka Lakes to recognize and implement the Plan in the next Official Plan Update

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RELEASE OF SITE PLAN AGREEMENT

SPA-15/03

BRENT ULLSWATER

PIT

Report from the Director of Planning, Re: Release of

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Page 1 of 3

PLANNING

COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Chair Edwards and Members of the Planning Committee of the Whole MEETING DATE: April 20, 2015 SUBJECT: SPA-15/03, (W.D. BRENT RENTALS LTD.), Part of Lots 37 & 38, Concession

A, Part 1, Plan 35R-19752, (Watt), Roll # 2-23-097 RECOMMENDATION: That SPA-15/03 (W.D. BRENT RENTALS LTD.) be released, that By-law

87-105 (Pits and Quarries) be brought to a future Council meeting and repealed, and that staff be delegated authority to release Site Plan Agreements related to Pits and Quarries as they arise.

APPROVALS: Date Signature

Submitted By: D. Pink, Director of Planning 14/04/15 Original signed by D. Pink

Acknowledged: C. Harris, Interim CAO 14/04/15 Original signed by C. Harris

ORIGIN Site Plan Agreement (SPA) 15/2003 was registered on title of the above referenced lands in March 2005. The property is known as the Brent Ullswater Pit and the Site Plan was entered into when the Pit commenced operation. At the time, the municipality was not regulated by the Aggregate Resources Act (ARA), which has since changed. The property owner is in the process of placing a Solar Farm on the property and has requested that the Site Plan be released. PLANNING CONSIDERATIONS: Brent Ullswater Pit Zoning of the property and Site Plan approval for the subject Pit in the early 2000’s were very contentious matters. Numerous meetings were held, extensive discussions with the proponent occurred and considerable input from the public received. Council ultimately approved the Site Plan Agreement. As a result, release of the Agreement should also be as a result of Council direction. Solar Farm A contract with the Province has been awarded to operate a Solar Farm on a portion of the property. During preparations it was discovered that the Site Plan Agreement remains on title and does not include a Solar Farm, upon which it was requested that the Agreement be released. Council did pass a support resolution for the Solar Farm on October 30, 2013.


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Aggregate Resources Act As stated above, the municipality is now regulated by the ARA. Section 66 (1) of the Act states: This Act, the regulations and the provisions of licences and site plans apply despite any municipal by-law, official plan or development agreement and, to the extent that a municipal by-law, official plan or development agreement deals with the same subject-matter as this Act, the regulations or the provisions of a licence or site plan, the by-law, official plan or development agreement is inoperative. It is clear that where the Site Plan deals with the operation, rehabilitation, etc. of the Pit, it is inoperative and therefore not enforceable by the municipality. This has been confirmed with the Ministry of Natural Resources and Forestry (MNRF). The same can be said for the Pits and Quarries By-law (87-105). Site Plan Agreement 15/03 Although the ARA renders the Site Plan inoperative it is still an Agreement or contract between two parties. Where the Pit Plan administered by the Province does not cover matters or portions of the site, it could be argued that the Agreement is still valid and binding. Accordingly staff have conducted a review of discrepancies.

Setbacks: A minimum 30 m (100 ft.) setback from any public street or adjoining property is required in the SPA for all operations, whereas the MNRF plan permits a 15 m (50 ft.) setback for extraction on the majority of the site.

Dewatering: No dewatering is to occur as per the SPA. The property owner indicated dewatering has never been done and there is no need to dewater.

Noise: The SPA contains detailed provisions regarding noise, including monitoring, timing and frequency of blasts. Blasting shall not occur between 8:30 am to 4:00 pm, during July and August, and not more than 12 times a year. Conversely, the MNRF plan does not permit blasting on holidays and limits operational hours to 7 am to 7 pm Monday to Saturday. According to the owner they have blasted 3 times in 10 years.

Aesthetics: The SPA requires 30 m (100 ft.) buffers consisting of planted berms and includes a 100 m (330 ft.) setback for stockpiles. The MNRF plan appears to only lay out setbacks as per above (mainly 15 m (50 ft.)). The site is generally well screened.

Traffic: The SPA outlines requirements for traffic signage which is not included in the MNRF plan.

Lighting: The SPA does not permit lighting on the property while the MNRF plan appears to be silent on this matter. According to the owner there is no lighting on site. A Dark Sky By-law has since been passed by the municipality.

Signage: A requirement for warning signs was included in the SPA and do not appear to be included in the MNRF plan.

Although there does appear to be a number of specific details agreed to by the owner in the SPA that are not included in the MNRF plan, it is a detailed and comprehensive agreement with the Province that covers most matters in the SPA. The Ministry also regularly conducts site inspections of operations which has not been done by the Township. Regardless of any discrepancies, as stated above, where the SPA deals with the operation of the Pit, it is now inoperative. There may also be areas of properties that are not subject to an MNRF license, which would then default to the SPA, as it covers the entire property. In this case, it appears the extractable area in the operational plan with MNRF covers virtually the entire site. It should also be noted that other rural properties are not typically subject to site plan control. Please note that it could also be argued that the municipality would expose itself to some liability by being a party to Agreements and regulating Pits and Quarries through a By-law, when there has been no oversight or enforcement of the regulations.


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Pits and Quarries By-law By-law 87-105, the ‘Pits and Quarries By-law’ was passed in June 1987 and outlines regulations surrounding the operation of Pits and Quarries (setbacks, berms, lighting, signage, rehabilitation, etc.). Given the section of the ARA outlined above, the By-law is inoperative and should be repealed. Staff can bring this By-law forward to a future Council meeting. Other Pits and Quarries There are likely a number of Site Plan Agreements in place on other Pits and Quarries in operation in the Township. In an effort of streamlining the process, staff has recommended that Council delegate the authority to staff to release said Agreements if owners were to approach the municipality.


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RETURN OF SECURITIES

SPA-29/2000

1108827 ONTARIO LTD.

THE ROCK GOLF CLUB

Report from the Senior Planner, Re: Return of

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PLANNING COMMITTEE OF THE WHOLE

AGENDA REPORT TO: Chair Edwards and Members of the Planning Committee of the Whole MEETING DATE: April 20, 2015 SUBJECT: Return of Securities, SPA 29/2000 (1108827 ONTARIO LTD.), The Rock Golf

Club, Paignton House Road, Minett

RECOMMENDATION: That $25,000 of the securities held in relation to SPA 29/00 (1108827

ONTARIO LTD.) be returned in recognition of the completed environmental monitoring program.

APPROVALS: Date Signature

Submitted By: R. Allen, Senior Planner 14/04/15 Original signed by R. Allen

Approved By: D. Pink, Director of Planning 14/04/15 Original signed by D. Pink

As a result of an Ontario Municipal Board decision in 1999, a comprehensive environmental management and monitoring program was required for the construction of an 18 hole golf course and redevelopment of the existing resort located on Paignton House Road in Minett. The water quality monitoring program was implemented through a site plan agreement. A Site Plan Agreement (application SPA 29/2000), approved April 5, 2002, required the owner to collect and review water quality data to measure concentrations of total phosphorous and sediment. The program required 5 years of monitoring and 2008 was the final year. To ensure the required work is carried out as specified in the Site Plan Agreement (SPA 29/2000) securities in the amount of $100,000.00 was held by the Township. For projects with numerous components that are completed over longer time lines portions of the securities may be released as work is completed or monitoring is no longer needed. In September 2009 the Township returned $75,000 of securities after the water quality monitoring report was submitted and peer reviewed by the Township. The remaining $25,000 was held until a further review of abbreviated monitoring was done in 12 months. Subsequently, Hutchinson Environmental Sciences Ltd. has provided a letter that indicates on the basis of excellent results it is unnecessary to continue monitoring phosphorous concentrations on the site. A letter was also received from Michalski Neilsen Associates Ltd. on behalf of the owner requesting the return of $25,000.00 of securities given that no further water quality monitoring is required. Staff recommend that the remaining securities in the amount of $25,000.00 be returned.


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OMB APPEALS TO COMPREHENSIVE ZONING BY-LAW

2014-14

Report from the Director of Planning, Re: Ontario

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PLANNING COMMITTEE OF THE WHOLE

AGENDA REPORT TO: Chair Edwards and Members of Planning Committee of the Whole MEETING DATE: April 20, 2015 SUBJECT: Ontario Municipal Board Appeals to Comprehensive Zoning By-law 2014-14

RECOMMENDATION: None. For informational purposes only. APPROVALS: Date Signature

Submitted By: D. Pink, Director of Planning 14/04/15 Original signed by D. Pink

Acknowledged: C. Harris, Interim CAO 14/04/15 Original signed by C. Harris

ORIGIN Council passed Comprehensive Zoning By-law on February 13, 2015. Notice of Passing was provided for and 18 appeals to the Ontario Municipal Board (OMB) were received. The following report is a brief outline of the nature of appeals received for informational purposes of Committee members. ANALYSIS Al Moran The appeal is as a result of not including a 30 m (100 ft.) setback from the high water mark for leaching beds. A number of detailed submissions were made to Council by the appellant on this subject. It should be noted that a staff report was recently prepared for Planning Committee of the Whole and direction received to advertise for a spring 2015 Public Meeting on inclusion of a provision to require setbacks from the high water mark for leaching beds. Greg Knight The appeal is related to revised development rights in Waterfront Commercial (WC1) zones and site specific zoning provisions on the Clear Lake Resort property. More specifically, a maximum gross floor area limitation of 500 sq. ft. per acre in a WC1 zone was added to the by-law, which in the opinion of the appellant takes the most permissive Waterfront Commercial zone to the most restrictive. Staff prepared reports on this topic/provision during the By-law Review process.


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With respect to the Clear Lake Resort property, the appellant is of the opinion that site specific provisions are not in conformity with site specific Official Plan policies. Muskoka Lakes Association The appeal is as a result of not including a 30 m (100 ft.) setback from the high water mark for leaching beds and not including the same shoreline buffer provisions in all waterfront areas (Communities, Waterfront Commercial, etc.) as in Waterfront Residential zones. Steve Black, Michael Bonisteel, Edward Britton, & BMO Trust All of the above appellants have submitted individual appeals over the Rural Commercial (RuC1) zoning of a property on the corner of Windermere and Rostrevor Roads just outside of the Community of Windermere. They have requested that it be rezoned to Rural – Agriculture (Ru3). They are not the owners of the property. Committee members may recall this property from a recent rezoning application to permit mini storage facilities on the lands. Council defeated the By-law, however, the commercial zoning remained on the lands. The zoning did not change as a result of By-law 2014-14, the RuC1 zoning in place since the inception of By-law 87-87. Frank Jaglowitz, Paul Richards A large portion of the Resort Village of Minett is subject to a Holding provision in By-law 2014-14, as Official Plan policies envision municipal water and sewer facilities to service development, but they have yet to be constructed. The Holding provision does permit limited development (additions, reconstructions and restorations not exceeding 20% of the existing) in the interim. The above appellants have each appealed the permission of any development in the interim. Cynthia Wood The appellant is a registered owner of a vacant property in Walkers Point which contains two separate frontages on the same street, cumulatively meeting the existing lot of record criteria, but not individually. The Zoning By-law stipulates that frontage shall be the longer of the two, not the combined frontage and, therefore, the appeal objects to the definition of lot frontage, as it prevents obtaining a Building Permit. It should be noted that the definition of lot frontage remains unchanged from By-law 87-87. David Nash The appellant is a registered owner of a vacant property in Walkers Point which contains over 27 acres in lot area and nearly 1,800 feet of lot frontage on Lake Muskoka. The property is zoned Waterfront Residential (WR1-7) and Open Space (OS2) in By-law 2014-14. The appeal is in relation to the -7 suffix and OS2 zoning on the property, which the appellant is of the opinion there is no planning justification for. The appellant also feels the zoning schedules and waterfront zone designations are too complex and difficult to interpret and has therefore appealed the Zoning By-law in its entirety.


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David Nash and Gerald Nash The appellants are registered owners of a property in Walkers Point which contains over 32 acres in lot area and nearly 4,500 feet of lot frontage on Lake Muskoka. The property is subject to eight different zones and the appellants do not agree with a number of them or feel it is appropriate to have that many zones on a lot. The appellants also feel the zoning schedules and waterfront zone designations are too complex and difficult to interpret and have therefore appealed the Zoning By-law in its entirety. John Sterne, Pride Marine Group The Waterfront Commercial structures over water Section (4.2.8) has been appealed by two individuals on the basis that the maximum permitted dock length in a Marina (WC2) zone is too restrictive, at 80 feet. Dan Johnson The owner of the former Gull Rock Trailer Park has appealed Section 4.2.13 (Waterfront Commercial – Tent and Trailer Park) which imposes a 30.5 metre setback from any lot line. A setback of 9.1 metres is felt to be more appropriate where not abutting a residential zone. The appeal also objects to the same Section which states new tent and trailer parks shall not be permitted on Lake Joseph, Lake Rosseau, and Lake Muskoka, on the basis that it is misleading and not appropriate in a Zoning By-law. Ken Fowler Enterprises The appellant has appealed Sections 3.38 and 11.180 of By-law 2014-14 related to tourist resorts, specifically the clause that requires “on-site” management. Evelyn Ceschia The appeal objects to the increased front yard setback of 20.1 m (66 ft.) from the previous 25 feet from the high water mark in the new Community Residential (R4) zone. The second aspect of the appeal relates to the removal of the permitted use of Converted Dwelling in R4 zones. Bernie Still The owner of property on the Moon River has appealed By-law 2014-14 to ensure that a dock will be permitted on the subject property given the unique configuration of its side lot lines. It should be noted that side yard provisions in Waterfront Residential zones have not changed in By-law 2014-14 and it does not appear that the appellant provided written or oral submissions during the By-law Review process. NEXT STEPS Although 18 appeals have been submitted to the new Zoning By-law it is fortunate that a number of appeals are related and the number of issues under appeal is less than this amount. All of the appeals with the exception of those by Wood, Nash, and Nash have taken exception to specific properties, sections, provisions or lack thereof in the By-law. Unfortunately the appeals of Wood, Nash, and Nash are also objecting to the Zoning By-law in its entirety. The package of materials has been forwarded to the Ontario Municipal Board who have acknowledged receipt of the file and assigned a case coordinator. They are in the midst of scheduling a Pre-Hearing Conference, where it is hoped that remaining sections of the Zoning By-law can be rendered in effect.


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This will help with administration, as currently staff have to refer to two Zoning By-laws when assisting the public, reviewing Building Permits, Planning Applications, etc. Staff is pleased that all but those appeals related to the Rural Commercial zoning of a property just outside the Community of Windermere have stated on their forms that they feel mediation would be beneficial, an indication that they are open to discussion and possible settlement.


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Documents

AGENDA - PLANNING COMMITTEE OF THE WHOLE APRIL 20, 2015 · 2016-01-17 · DRAFT Special Planning Committee of the Whole Minutes – March 12, 2015 - Page 1 of 5 THE CORPORATION OF