Corporation of the Town of Huntsville PLANNING ADVISORY COMMITTEE Special Meeting held on Monday, August 20, 2012 at 1:00 p.m. in the Huntsville Civic Centre, Municipal Council Chambers Attendance Chair: Members: Also Present: Absent: Councillor Fran Coleman Deputy Mayor Scott Aitchison Councillor John Davis Councillor Karin Terziano Mayor Claude Doughty (Ex Officio) District Councillor Shane Baker Kate Austin Staff: Christopher Brown Senior Planner Dianne Conwath Deputy Clerk Mike Gooch Executive Director of Development Services Chris Marshall Director of Planning and Sustainability Kelly Pender Chief Administrative Officer District Staff: Melissa Halford Planner 1. CONVENE Moved by Karin Terziano PAC-62-12 IT IS RECOMMENDED THAT: We do now convene as a Planning Advisory Committee at 1:00 p.m. Carried. 2. ADOPTION OF AGENDA Moved by Karin Terziano PAC-63-12 IT IS RECOMMENDED THAT: The Special Planning Advisory Committee Agenda dated August 20, 2012 be adopted as printed and circulated. 3. DISCLOSURE OF CONFLICT OF INTEREST - Nil - 4. PUBLIC HEARINGS Carried. Chair Coleman provided a brief overview of the purpose and procedure of the Hearings and declared the Hearings to be joint public meetings of the Town of Huntsville, Planning Advisory Committee and the District Municipality of Muskoka Planning and Economic Development Committee to deal with concurrent proposed Muskoka Official Plan Amendment, Draft Vacant Land Condominium Description, Town of Huntsville Official Plan Amendment and proposed Zoning By-law Amendment. Chair Coleman provided a brief overview with respect to the Planning process/procedures. 1
Planning Advisory Committee Special Meeting Minutes August 20, 2012-2 - Councillor Aitchison reviewed the purpose of the District Public Meeting and summarized the procedures applicable to the District Official Plan Amendment application as well as the vacant land condominium description application. Councillor Aitchison explained to Committee that Representatives of the District Planning and Economic Development Committee are here this afternoon to receive input on the proposed District Official Plan amendment and vacant land condominium description. Councillor Aitchison also noted that the decision on the District Official Plan amendment will be made at a future Muskoka District Council Meeting and the decision on the vacant land condominium application will be made at a future Muskoka Planning and Economic Development Committee. a) Muskoka OPA No. 38 and Condominium File C2011-3 Gryffin Bluff/Gang of Five Melissa Halford, Planner, District Municipality of Muskoka advised as to how notice was given for this public meeting, provided a brief overview of the proposed District Official Plan Amendment and the proposed vacant land condominium description and advised of any correspondence received to date. Ms. Halford made a verbal presentation to the Committee which provided an overview of the proposals, location, proposed uses, and supporting documentation together with agency and public submissions received to date. (Schedule A attached) Ms. Halford provided clarification that the vacant land condominium units would contain only one single family dwelling. b) OPA/04/2011 and Z/09/2011/HTE (The Gang of Five Inc.) Report PL-2012-92 Chris Marshall provided a detailed summary of the purpose of the applications (Schedule B attached) for the Town Official Plan amendment and zoning amendment, reviewing his Report, in detail and noted all correspondence received to date. Comments received to date: The District Municipality of Muskoka is recommending deferral of the application until matters raised at the public hearing are addressed. Huntsville Town Staff have no concerns. A letter received from Raymond C. Vaughan, being a waterfront lot owner, is concerned with emergency access to his and neighbouring waterfront properties; pedestrian access when the lake is impassable; full right of access via the private road; suggestion the Town use the proceeds from the sale of the right-of-way to purchase right-of-way to access his property. Letters from Dan and Karen Nichol and Melanie and Marten Collins expressing similar concerns including: - high density development out of character for the area - not in keeping with the Official Plan, - negative impact on the environment, - extensive blasting for the road and building sites, - impact of high density multi-user shoreline access, - does not meet large lot single family character of the area, - concerned housing will be rental housing, - impact on views, - limiting height of buildings to two storeys, - restrict the development to five free hold units. 2
Planning Advisory Committee Special Meeting Minutes August 20, 2012-3 - The Mary Lake Association sent a letter to the Applicant stating the Association unanimously supports the projects for the following reasons: - the development takes into consideration the Huntsville Official Plan and the Mary Lake Plan which considers Gryffin Bluff a prominent property on the Lake, - the shoreline will be maintained in its current condition, - the current docking on the shoreline will remain as is. Chair Coleman called upon the applicant or their representative to provide additional comments. Lanny Dennis, Wayne Simpson and Associates representing the Applicant further outlined, in detail, every aspect of the applications. Mr. Dennis said that the Town had not included the gazebo, requested inclusion of the gazebo. Mr. Dennis requested moving forward with the approval of the applications. Chair Coleman asked if there was anyone present that wished to provide comments or ask questions regarding the application Mr. Marten Collins, Owner of 199 Gall Trail, further highlighted the objections outlined in his letter dated August 10 th which was sent to the District and the Town. As well, Mr. Collins was concerned with the policing of the docks. Councillor Coleman asked if there were any questions from the District Committee or the Town Planning Advisory Committee. Councillor Davis questioned the number of boat slips and if the applicant, in the future would be asking for additional slips. Mr. Paul Myer, one of the applicants said that the proposal is for docking and slips for the 26 lots which is restricted to a maximum of eight boats with no more than 25 horse power motors and they would not be requesting any additional A discussion took place regarding the properties with water access only and the possible provision of seasonal access. District Councillor Shane Baker questioned why the road allowance had to be purchased rather than just an exchange of lands. Mr. Paul Myer, representing the The Gang of Five Inc. noted to the west the road allowance is already closed to Gryffin Lodge and having the applicant close and purchase the road allowance made for an easier legal transition. Chair Coleman enquired if the inclusion of the gazebo can be addressed through an amendment to the proposal? Mayor Doughty asked Staff if the gazebo was included in the original application and was just missed. Chris Marshall said the gazebo was part of the original application and was inadvertently excluded by Staff and that Staff can have the gazebo included. Chair Coleman asked Councillor Aitchison if there was anything further he would like to add. Councillor Aitchison thanked everyone for attending these Meetings. Noting that the District Committee will be considering all of the comments made prior to making a recommendation on the District Official Plan amendment or decision on the vacant land condominium description. Councillor Aitchison further noted that wishing notice of decision on these proposal should provide written request to the District Clerk. 3
Planning Advisory Committee Special Meeting Minutes August 20, 2012-4 - Chair Coleman said anyone wishing to receive adoption of the proposed Town of Huntsville Official Plan amendment or notice of the passing of the Zoning By-law amendment must make written request to Town Clerk. Councillor Coleman declared the Public Meeting to be concluded. Report PL-2012-92 - Official Plan Amendment Application OPA/04/2011 and Zoning Amendment Application Z/09/2011 Gang of Five Inc. Moved by John Davis PAC-64-12 IT IS RECOMMENDED THAT: Planning Report No. PL-2012-92, prepared by Chris Marshall, regarding Official Plan Amendment application OPA/04/2011 and Zoning Amendment application Z/09/2011 be received; AND FURTHER THAT: The Planning Advisory Committee recommend to Council that Official Plan Amendment Application OPA/04/2011 be approved changing the Official Plan by incorporating a new Waterfront Special Policy Area Number 2 and incorporating a new Rural Special Policy Area Number 1, as amended; AND FURTHER THAT: The Planning Advisory Committee recommend to Council that Zoning Amendment Application Z/09/2011 be approved changing the Zoning on Part of Lots 1 and 2 and all of Lot 3, Concession 11 and Part of Lots 3 and 4 Concession 10, Geographic Township of Brunel, Town of Huntsville, from Zones RR, C, RU1-H, SR4, and SR1-1556 to zones RR, C, O2, RU1, and SR2, with exceptions as described in Schedule B, as amended, and as delineated on Schedule C, as amended, of Planning Report No. PL-2012-92. Carried. 5. ADJOURNMENT Moved by John Davis PAC-65-12 IT IS RECOMMENDED THAT: We do hereby adjourn at 2:03 p.m. to meet again on Wednesday, September 5, 2012 at 9:00 a.m., or at the call of the Chair. Carried. Chair Fran Coleman 4
Planning Advisory Committee Special Meeting Minutes August 20, 2012-5 - Corporation of the Town of Huntsville PLANNING ADVISORY COMMITTEE Special Meeting held on Monday, August 20, 2012 at 1:00 p.m. in the Huntsville Municipal Council Chambers RECOMMENDATIONS 1. Report PL-2012-92 - Official Plan Amendment Application OPA/04/2011 and Zoning Amendment Application Z/09/2011 Gang of Five Inc. Moved by John Davis PAC-64-12 IT IS RECOMMENDED THAT: Planning Report No. PL-2012-92, prepared by Chris Marshall, regarding Official Plan Amendment application OPA/04/2011 and Zoning Amendment application Z/09/2011 be received; AND FURTHER THAT: The Planning Advisory Committee recommend to Council that Official Plan Amendment Application OPA/04/2011 be approved changing the Official Plan by incorporating a new Waterfront Special Policy Area Number 2 and incorporating a new Rural Special Policy Area Number 1, as amended; AND FURTHER THAT: The Planning Advisory Committee recommend to Council that Zoning Amendment Application Z/09/2011 be approved changing the Zoning on Part of Lots 1 and 2 and all of Lot 3, Concession 11 and Part of Lots 3 and 4 Concession 10, Geographic Township of Brunel, Town of Huntsville, from zones RR, C, RU1-H, SR4, and SR1-1556 to zones RR, C, O2, RU1, and SR2, with exceptions as described in Schedule B, as amended, and as delineated on Schedule C, as amended, of Planning Report No. PL-2012-92. Carried. 5
District Municipality of Muskoka Gryffin Bluff /Gang of Five (Amendment No. 38 to the Muskoka Official Plan and Condominium File No. C2011-3) Town of Huntsville 6
Gryffin Lodge Road Open Space Owlet Lake Open Space Private Road Open Space Open Space Open Space Open Space 1 shoreline activity area 1 shoreline activity area 7
Circulation Comments received: District Engineering and Public Works Department Mary Lake Association Neighbouring property owner 8
Summary of Official Plan Amendment Application OPA/04/2011 and Zoning Amendment Z/09/2011 Site and Surrounding Uses - Northwest side of Mary Lake (see first slide - 5 lots making up about 107 ha (265 Acres) - Accessed from Griffin Lodge Road with 1425 feet of waterfront on Mary Lake - Currently well vegetated with mixed forest cover has Owlet Lake and number of creek - Topography on the site drops from Griffin Lodge Road to the water with the last several hundred feet dropping quite dramatically - Private Road has been constructed from Griffin Lodge Road to Mary Lake where there is an existing dock - Two Municipal Right of Ways - Surrounding Land uses consist of: o Griffin Lodge and 29 lot cluster development to the west o 4 waterfront lots to the south o and east of the site is undeveloped large lots - The official Plan designation for the Subject property is Waterfront and Rural - Zoning on the site consists of mainly Shoreline Residential zones along the shoreline and Rural and Rural Residential Zoning for the lands inland from the water. Proposal To create 26 lot single family condo subdivision consisting of - Private Road - Two docks on Mary Lake - Gazebo - 60 ha (150 acres) of natural open space with trails - 2.85 Photovoltaic field to produce electricity - Lots are large lots ranging in size from.5 ha to 3.3 ha building sites have been identified to minimize disturbance of the natural environment and maximize solar gain - Lots serviced by well and septic fields - 30 m setback from all lakes and streams - 450 m (1475 ft) of waterfront this amount of frontage would permit 5 watefront lots with five homes, five dock, five boathouses and 75 m of disturbed shoreline - Proposal entire waterfront to a minimum depth of 300 ft except for two docks is kept in its natural state - Maximum 8 boats no more than 25 horsepower Right of Ways Supporting Documentation 9
- Duke Engineering for Stormwater and Access - Hydrogeological Study by Geo-Logic Inc- peered reviewed sufficient area on each lot wells and septic - Stage 1 Archeological Assessment by Woodland Heritage Services Limited - Environmental Study done by Riverstone Environmental peered reviewed Provincial Policy Statement Section 1.1.4.1d) Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted Proposed development retains the rural character with large lots in which the majority of the tree cover is retained. The majority of the Mary Lake shorefront will be kept in its natural state. Development will be setback 300-600 ft back from Mary Lake ensuring that there is no impact on the water quality of the lake. Town OP - Subject property is designated a combination of rural and waterfront - Waterfront is defined as being within 150 m of a lake or river but this distance can be increased if it can be demonstrated that the land is physically and functionally related to the shoreline - Can be argued that the Rural lots are physically connected to the water by the private road and functionally connected with the shared waterfront - Development can be described as a cluster development and as such meets the majority of the criteria including o Requires a minimum 150 m of waterfrontage o Natural features maintained o Retains substantial open space o Natural open space surrounds perimeter of development o Waterfront preserved to a depth of 30 m o Minimum 10 m of waterfront per lot o Each lot holds an equal interest in the shoreline open space - There are three criteria this development does not meet and they are: o Minimum 25 lots o No lots behind linear shoreline development o Mary Lake Plan states that any new Multiuser waterfront landing facilities require an OP amendment - Mary Lake Plan o Preserve natural character and beauty of the scenic panorama from the water o Preserve the natural rock face in prominent locations 10
OP Amendment In order to achieve this hybrid style of development with the waterfront and rural characteristics of this development, staff are recommending the creation of two new Special Policy Areas in the Waterfront and Rural Sections of the OP. Waterfront SPA - Reduce disturbance of the shoreline to 20 m (vs 75m) - Retaining the scenic beauty and natural vegetation - Stormwater mitigation plan - Explains relationship to rural lots and shared private drive Rural SPA - Maximum 20 vacant land units with minimum 1.08 ha size and 80% of land base must stay in natural state - Design guidelines to protect natural setting - Restrict disturbance of the lots to specific building envelopes and septic fields - Permit a 4 ha (10 acre) solar panel Area - Owlet Lake and creeks protected except for pedestrian trails - Stormwater mitigation criteria Zoning Proposed Zoning was specifically created to enable the proposed Condo development Waterfront Zoning - Conservation (C) along east shoreline - Conservation (C-0150) permits only septic and road - Open Space 2 (O2 0152) with exception to permit existing dock and proposed dock on western shorelines - Open Space 2 (O2 0151) Open space with no docks - Shoreline Residential 2 (SR2 0146) site homes and limit clearing to 20% Rural Lots - Rural Residential (RR-0148) only disturb 20% of the lot - Conservation (C) Owlet Lake and Creeks 30 m setback - Open Space (02 0151) restricts tree clearing trails - Rural 1 (RU1 0147) Solar field with storage Sustainability Criteria Environmental 11
- Large lot enable homes to be tucked into the trees - OP Amendment restricts amount of trees that can be cleared - Drainage and septic handled on site no impact on water quality - Protection of waterfront, owlet lake and creeks - 60 ha of land preserved in its natural state - Proposal reduces disturbance of waterfront to a depth of 300-600 ft to two docks as opposed to 5 cottages, five docks, five boathouses etc - Limits number of boats to 8 - Photovoltaic field produce clean energy reducing ghg s and environmental footprint of the development - Strict design guidelines for homes ensuring they maximize solar gain and minimize tree cutting - All homes required to meet R2000 guidelines and net zero in terms of their GHG emissions Social - Provide more people with access to the water - Trails will improve residents health Economic - Construction of 26 homes Comments - The application was circulated to Town and District Staff as well as relevant agencies - Town staff have no concerns - District Staff are recommending deferral of the application until matters raised at the public hearing are addressed. Public Comments Town received 3 letters in relation to the application First letter Attached to agenda From Raymond Vaughan - waterfront lot owner who is concerned with emergency access to his property and neighbouring waterfront properties - Pedestrian access when lake impassable - Full right of access via the private road - Suggests Town use proceeds from the sale of the Right of way to purchase right of way to access his property Second and third letter from Dan and Karen Nichol and Marten and Melanie Collins (Circulated via email) - Both letters expressed similar concerns including 12
o o o o o o o o o High density development out of character for the area not in keeping with the OP Negative impact on the environment, pollution Extensive blasting for the Road and building sites Impact of high density multi-user shoreline access Doesn t meet large lot single family character of the area Concerned housing will be rental housing Impact on views Limit height of buildings to two storeys Restrict the development to five free hold units Mary Lake Association - Did not respond to Towns referral but sent letter to applicant stating: Following meetings with you and also the Huntsville Town Planner over the past 14 months, I am pleased to report that the Mary Lake Association (MLA ) Board of Directors unanimously supports the abovementioned project for the following reasons o The development takes into consideration the Huntsville Official Plan and the Mary Lake Plan which considers Gryffin Bluff a prominent property on the Lake o The shoreline will be maintained in its current condition o The current docking on the shoreline will remain as is 13
Official Plan Amendment Application OPA/04/2011 and Zoning Amendment Application Z/09/2011 August 20, 2012 14
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