planning and development committee minutes …

PLANNING AND DEVELOPMENT COMMITTEE MINUTES Wednesday March 13, 2019

6:00 p.m. Town Council Chambers

1. CALL TO ORDER

Committee Chair, B. McMurray called the meeting to order at 7:00 p.m. and the following were recorded as being present.

Committee Members: Councillor, B. McMurray (Committee Chair) Deputy Mayor, R. Maloney Councillor, A. Buie Councillor, S. Clement Councillor, M. Quemby

Councillor, D. Smith Councillor, A. Struthers Councillor, C. Wilson

Regrets; Mayor, G. Smith

Staff: Chief Administrative Officer, J. Sisson Director of Corporate Services/Clerk, L. McDonald Director of Planning and Development, C. Kelley

Manager of Planning Services, M. Holmes Manager of Economic Development, R. Mattice (arrived at 8:45 p.m.) Senior Planner, J. Rand Planning Administrator, S. McCormick (arrived at 7:00 p.m.)

2. DECLARATIONS OF PECUNIARY INTEREST

Nil.

3. PUBLIC MEETINGS

3.1. Rezoning Application D14-04/19 – 2435420 Ontario Ltd. (Goodfellow)

19-PD-035

(Section A)

Committee Chair, B. McMurray called the meeting to order at 7:00 p.m.

The Clerk, L. McDonald, confirmed Notice was issued in accordance with the Planning Act and the Senior Planner, J. Rand, presented the Statement of Purpose & Effect of the proposed zoning amendment and advised how the proposed by-law will accomplish the purpose required.

Statement of Purpose and Effect of the Proposed Zoning By-law

1. The subject property is currently zoned Residential Type 3 (R3) according to Comprehensive Zoning By-law 2016-088. The Residential Type 3 (R3) zone permits the following uses: Detached Dwelling, Semi-Detached Dwelling, Duplex Dwelling, Row Dwelling, Triplex Dwelling, Home Occupation, Bed and Breakfast and Second Dwelling Unit.

2. The proposed zoning by-law would amend Comprehensive Zoning By-law 2016-088 by rezoning the subject lands from Residential Type 3 (R3) to Residential Type 3 Special – 25 (R3-25). The Residential Type 3 Special – 25 (R3-25) zone would add the additional use of a Temporary Construction Site Office/Sales Presentation Centre for a maximum of three (3) years from the date of passing of this by-law. The purpose of the Temporary Construction Site Office/Sales Presentation Centre is only to support sales and future construction of the site located at 200 Anglo Street and legally described as Lots 1 and 2, Plan 31, Bracebridge Ward of the Town of Bracebridge.



3. Staff are recommending a definition be included in the amending Zoning By-law for a Temporary Construction Site Office/Sales Presentation Centre to provide clarification of the use. The definition would be as follows:

“Shall mean the use of a building for the public to view plans and other materials pertaining to a development proposal located at 200 Anglo Street and legally described as Lots 1 and 2 of Plan 31, Bracebridge Ward of the Town of Bracebridge and conducting business associated with sales of any units of that development. In addition the building may be also used for an office use for construction personnel associated with development at 200 Anglo Street, which includes examination of plans and general conducting of business with some incidental storage of tools and equipment.”

4. Staff are also recommending that the amending Zoning By-law prohibit the outside storage of tools and equipment or the placement of any construction trailers or shipping containers on the subject lands associated with development at 200 Anglo Street and legally described as Lots 1 and 2 of Plan 31, Bracebridge Ward of the Town of Bracebridge.

5. A previous Zoning Amendment and Site Plan application for a 24-unit multiple dwelling at 200 Anglo Street was subject to an Ontario Municipal Board (now Local Planning Appeal Tribunal and also known as LPAT) Hearing in March of 2018. The applications at the time proposed a 24-unit Apartment Building with reduced parking requirements of 1.2 spaces per unit instead of the required 1.5 spaces per unit.

6. The LPAT’s decision dated February 4, 2019 upheld the appeal for the ratio of 1.2 spaces per unit on the subject lands and also approved the proposed site plan with added conditions related to tree protection and the dedication of lands and construction of an extension of the Trans Canada Trail along the Muskoka River frontage of 200 Anglo Street. The amount of fill being brought onto the site and resulting height were also identified as an issue for the site plan, however the LPAT’s decision indicated that the Town could not dictate fill to control height.

7. As per LPAT’s decision and Council’s direction, staff are working with the applicant to finalize a Site Plan Agreement for 200 Anglo Street and it is anticipated that construction will be occurring on this site in the spring.

8. The lands subject to this application contain a Detached Dwelling under construction that is proposed to contain a Second Dwelling Unit with attached Garage. The Dwelling will have a total footprint of 122 square metres (1,315 square feet). It was noted by the applicant’s agent that only one of the dwelling units would be occupied at the same time as the Construction Site Office/Sales Presentation Centre is in operation.

9. Section 4.2.4 of Comprehensive Zoning By-law 2016-088 permits temporary construction uses such as a building or structure on a lot where construction is taking place provided that a building permit has been issued and remains valid. Since the construction is proposed on 200 Anglo Street and the proposed Construction Site Office/Sales Presentation Centre is proposed at 191 Anglo Street, a Zoning Amendment is required. If the Construction Site Office/Sales Presentation Centre were to be located at 200 Anglo Street, once a building permit is issued for development of this site, then a Zoning Amendment would not be required.



10. The Comprehensive Zoning By-law does not require additional parking be created for temporary construction uses, including a Sales Office or a Construction Office. The concept plan attached in Appendix “E” shows parking of six (6) vehicles outside and (1) vehicle in the attached garage. A Detached Dwelling with a Second Dwelling Unit requires a minimum of two (2) parking spaces total for both units.

11. While the concept plan shows parking for seven (7) vehicles, there is no indication of the size of these vehicles. During a site visit of the property, staff observed a large flatbed truck with a crane located on the driveway for construction underway on the site. Based on the observations of the site visit, it is staff’s opinion that the detached garage could fit one medium size car and the driveway could accommodate a minimum of three (3) large size vehicles, such as pickup trucks with potential room for more vehicles.

12. The subject lands are subject to a Site Plan Agreement for the construction of Detached Dwelling and Second Dwelling Unit. As there are no changes to the building or site as a result of the Construction Site Office/Sales Presentation Centre then no amendment to the current Site Plan Agreement is required if the Zoning Amendment is approved.

Correspondence from Agencies

14. Departmental and agency comments are as follows:

Department/Agency Comment

14.1. Public Works Department No concerns with the application.

14.2. Fire Chief No concerns with the application.

14.3. Manager of Economic Development

No concerns with the application.

14.4. District of Muskoka No concerns with the application.

14.5. Chief Building Official Comments received from the Chief Building Official note that the area of the dwelling utilized by the public will require the submission of a Change of Use Permit to the Building Branch in order to obtain Occupancy “D” (Business & Personal) rather than Occupancy “C” (Residential). Walls and ceilings separating the Residential space from the Business & Personal space will require 1 hour fire separation.

If the intent is to convert the entire dwelling from Residential (“C” Occupancy) to Business & Personal (“D” Occupancy), a Change of Use Permit is then required for the entire building.

14.6. Lakeland Power No concerns with the application.

14.7. CN Rail

14.8. Union Gas


No objections, however it is noted that there is an easement in favour of Union Gas on this property.



14.9. Other Agencies No comments have been received from Canada Post, Hydro One, Veridian Connections, Bell Canada, the Ministry of Municipal Affairs and Housing, Ministry of Transportation, Infrastructure Ontario, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, TransCanada Pipeline Ltd. or MPAC.

Correspondence from the Public

15. A letter was received from the neighbours on Anglo Street dated March 13, 2019 expressing their concerns with the proposed zoning change to allow for a construction of a site office and sales office, that use should occur on the property at 200 Anglo Street, parking issues, traffic concerns and the closing of the road. The correspondence is attached as Appendix “A” to the Minutes dated March 13, 2019.

Comments from the Owner/Agent

16. Wayne Simpson of Wayne Simpson and Associates, agent on behalf of the applicants, addressed the Committee. The owner, Mr. Goodfellow, was also in attendance.

17. Mr. Simpson stated that they feel the staff report was comprehensive and appreciate the positive recommendation of support.

18. Mr. Simpson noted that the 24 unit apartment style condominium building at 200 Anglo Street will be proceeding shortly. The site plan will be completed shortly and LPAT has favourably approved the development with parking and the height of the building and the developer is required to provide a trail along the front of the building.

19. Mr. Simpson noted that the sales office could be located at 200 Anglo Street, however, 191 Anglo Street has the benefit of keeping people away from the construction site and there will be no requirement for a sales trailer. He noted it is advantageous for people on the construction site from a safety perspective.

20. Mr. Simpson noted that they can supplement any parking to 191 Anglo Street instead of at 200 Anglo Street where it will be quite busy with construction. All impacts are going to be the same instead of concentrated in another area. This will ensure safety at 191 Anglo Street for sales presentations.

21. Mr. Simpson noted that when construction starts for a block of townhouses adjacent to the subject lands, that developer will be permitted a sales office on their site and the only thing trigging the need for the sales office is it will be across the road from the development. He noted this does not change the overall impacts for the area.

22. Mr. Simpson noted that the need for a sales office for three years will be more than enough time as they anticipate to be open for 12 to 18 months as there is only 24 units to sell in a highly attractive area which should not take the full time. Mr. Simpson stated that the owner does not have an expectation to request a further extension although permitted under the Planning Act.

23. Mr. Simpson advised that the By-law has been crafted to tie the sales office to the activity at 200 Anglo Street so the sales office cannot be used by any other developers.



24. Mr. Simpson advised the two units were purposely built for housing. This property became surplus for the developer which could be occupied by two tenants for a long term use. Mr. Simpson stated they appreciate the concerns of the neighbours, however, feels the use can take place across the road, adds additional safety and ensures all of the activity is not at one location, being 200 Anglo Street.

Comments from the Public

25. Kenneth Gellar, of 184 Anglo Street addressed the Committee and has provided copies of their presentation from the neighbours to all of the Committee members. The correspondence is attached as Appendix “A” to the Minutes dated March 13, 2019.

26. Mr. Gellar indicated their objections are set out in their letter which are zoning, traffic and parking concerns, all of which are set out in their letter.

27. In addition to those complaints, Mr. Gellar questioned what compelling reason exists to change the zoning of the residential property and they feel this is solely because the developer wants it. He noted that this is not a compelling reason to allow their neighborhood to be a commercial zone for up to three years.

28. Mr. Gellar noted the last page of the letter is a list of all of the residents in support of the presentation that has been made.

Comments from the Committee

29. Committee questioned the number of people that would be working out of this office, the time the office would be open and the number of anticipated vehicles. Mr. Simpson indicated a maximum number of employees would be three at any particular time. There would be a sales representative, persons entering into agreements and making selections for carpet, tile, etc. through appointments. The office would be open throughout the day.

30. Committee questioned how the proposed zoning would permit parking for construction workers across the road as the parking would be used with employees and clients. Mr. Simpson indicated the additional parking would be for Mr. Goodfellow or his son and would not be used for construction personnel specifically. The idea is to let 191 Anglo Street function to give it every appearance as a residential property used by personnel. No one would be there for 8 hours of continuous parking and it is providing parking for the sales office.

31. Committee questioned if the other unit is to be used as a residence at this time. Mr. Simpson noted that the sales area would be in one unit plus the basement and possibly one unit would be used as a residence at some time. He indicated likely not at the beginning of the sales as this would be disruptive to a tenant. The idea is in long term the property would be two residential units and likely will occur when the sales function is winding down and then likely sold for full time residential use.

32. Committee questioned if there has been any thought put in on the timeline of the use on this lot versus 200 Anglo Street and the impact on the neighbourhood. Mr. Simpson advised the building will be constructed in the next few months and likely completed in 12 to 18 months. In order to have the the sales office at 200 Anglo Street would be more time consuming as have to make arrangements for a trailer, bring in hydro and a building permit. The preference is the sales presentation happen at 191 Anglo Street and 200 Anglo Street can be simply the construction site. Mr. Simpson indicated they could close the sales office when the building is nearing completion and show the apartments first hand at 200 Anglo Street.



33. Committee requested clarification of R3 zone to R3 special and noted in the Appendix shows an R4 zone. Staff advised the map was labeled incorrectly and the property is an R3 zone. Staff further advised the property would be zoned R3-25. Staff advised the use for the sales office can only occur for three years and the special zone would remain.

34. Committee questioned the concern with the parking situation that the neighbours have brought up and if there was any long term plan to allow for parking at 200 Anglo Street. Mr. Simpson advised there is no opportunity for this parking and it is a typical construction site similar for Amigos development. There is a small area on the site, however, this would be for heavier equipment but is much more constrained. Mr. Simpson advised there will be parking on the roadway which will be an inconvenience for the time being.

35. Committee questioned if there are any parallels to what this request is versus what we might see with a model home in a subdivision. Staff advised that Mattamy homes has model homes on Clearbrook and the sales centre for the Waterways project. Staff advised this is the first time we have a zoning for a sales office on a separate piece of property. Mattamy does not require as it was all part of the same lands.

36. Committee questioned the comments of the Chief Building Official regarding the change of use permit and firewalls. Staff advised that they will not be able to occupy until the CBO’s comments have been satisfied. Staff advised that the walls would have to be changed for firewalls if the residential use was next to the sales office.

37. Committee noted the neighbours indicated that they have found the construction particularly disruptive with parking problems. The neighbours have made note of the road closures and Committee would like to know if this is considered normal practice. Staff advised that they were not aware of any road closure as they received the package today and were unable to speak with Public Works Department in time for the meeting.

38. Committee noted the comments that there will be one or two persons attending, approximately three staff on site, the owner and possibly a renter as well as the owner’s son. The parking spaces used by 8 to 9 people on any given day. Committee questioned if the zoning could be amended to reduce the impact during the three year period to ensure no residential use. Staff advised that the Committee could make a motion to state that the sales office couldn’t occur at the same time as the residential use.

39. Committee questioned if there is any other time when a sales office has been used in a residence. Staff advised there are circumstances such as Mr. Goodfellow’s previous building where residences and sales office existing together, however, cannot recall a two unit building where one unit was a sales office.

40. Committee requested confirmation on the storage of tools and equipment around the property as this has been noted as a concern. Staff advised that they are recommending that there is no outside storage of tools or equipment or placement of trailers in connection with the construction at 200 Anglo Street. This would be a contravention of the By-law and residents could contact the Town office.

41. Committee questioned if the three year sales office use could be extended after that point and does it terminate after three years. Staff advised if the use went beyond the three years then it would be in contravention of the zoning by-law. Any further use would require a new zoning application.



42. Committee questioned the location of the parking on the sketch and requested clarification and staff advised that there are two cars partially on driveway portion of the road allowance.

43. Committee asked if parking is permitted where the area of the lawn is proposed if both buildings are under construction. Staff advised that they are only able to park in areas that are the driveways.

44. Committee questioned the requirement for parking for this type of use and does it take the parking requirement of what the zoning is proposed or is there something special with the commercial zoning. Staff advised there is no minimum requirement for a sales office as it is treated as to what the long term use is to be. Staff advised that there was a semi-detached in the Loon Call subdivision with one unit as a sales office with a standard driveway for semi-detached. Staff further advised that there is no requirement for extra parking based on what is proposed.

45. Committee asked if there are any plans to extend the sidewalk outside of 191 Anglo Street and were advised that a cash contribution was taken at the site plan stage for the extension of the sidewalk along the south side.

46. Committee questioned if the three year requirement for the use is a statutory requirement and if this could be reduced. Staff advised that the Planning Act can grant the use for up to three years and if Committee wishes to reduce this they can do so by an amending motion.

47. Committee wanted clarification of what the parking limitations are on the street and whether parking can occur on both sides of the street and if overnight parking is permitted. Staff advised that this is through the By-law Branch. Staff also advised that if there is a contravention of the By-law, a resident can call the Town office and the By-law Branch will respond.

48. Committee requested information on the limitations on the parking on the road and whether a closing of the road can occur.

49. Committee questioned Mr. Simpson if his client would be acceptable to a two year term versus a three year plan. Mr. Simpson advised that they hope to have the building commenced in the next couple of months and the 24 month window would be fine.

50. Committee asked if there was a permit taken out for the road closing. Mr. Simpson advised he does not know the particulars of that circumstance, however, the road may have been closed to cross services over the road.

51. Committee stated they had received a call about the closure, however, Public Works advised Medleys had left one lane open at all times.

52. Committee questioned if all of parking on the street could be taken up for the construction at both sites and do the residents have the opportunity to use it. Staff advised it would be a first come and first serve basis.

53. Committee questioned the time that work can occur on the sites and how late into the evening. Staff advised that they believe there is no overnight parking in the winter and no other restrictions on time with respect to parking and if any concerns on noise, there is a noise by-law.



54. The following persons requested further notice should this Rezoning Amendment be passed by the Municipal Council:

• District Municipality of Muskoka, 70 Pine Street, Bracebridge, ON P1L 1N3

• Ken Geller on behalf of the residents on Anglo Street as noted by addresses on Appendix “A”

No other submissions were made with respect to this proposal. The meeting adjourned at 7:09 p.m.

3.2. Rezoning Application D14-08/19 – Touchstone Overlay Systems Inc.

19-PD-036

(Section A)




1. The subject property is currently zoned Tourist Commercial One Special – 3 (CT1-3) according to Comprehensive Zoning By-law 2016-088. The Tourist Commercial One Special – 3 (CT1-3) zone permits all those uses in the Tourist Commercial One (CT1) zone in addition to a Home Industry. The Tourist Commercial One (CT1) zone permits a Tourist Establishment in addition to uses that would be complementary to a Tourist Establishment such as an Assembly Hall, Recreational Facilities, Restaurant and Convenience Store.

2. The current Tourist Commercial One Special – 3 (CT1-3) zone contains the following provisions:

2.1. The minimum lot frontage is 30.0 metres (98.4 feet) on Kirst Road and 75.0 metres (246.0 feet) on flooded land;

2.2. The minimum lot area shall be 0.8 hectares;

2.3. The total gross floor area of an accessory building used for a Home Industry shall not exceed 140.0 square metres (1,506 square feet);

2.4. Accessory buildings used for a Home Industry shall not be located within the front yard;

2.5. Accessory buildings used for a Home Industry shall have a minimum 4.5 metre side yard setback;

2.6. Accessory buildings used for Home Industry shall have a minimum 4.5 metre rear yard setback; and

2.7. All other applicable provisions of the Tourist Commercial One (CT1) Zone shall continue to apply in respect to the lands located within the Tourist Commercial One Special - 3 (CT1-3) Zone.



3. The proposed zoning by-law would amend Comprehensive Zoning By-law 2016-088 by rezoning the subject lands from Tourist Commercial One Special – 3 (CT1-3) to Tourist Commercial One Special – 5 (CT1-5).

4. The Tourist Commercial One Special – 5 (CT1-5) zone as requested would carry forward all special provisions and permitted uses from the Tourist Commercial One Special – 3 (CT1-3) zone in addition to the following provision:

4.1. A maximum of one (1) Travel Trailer is permitted on the subject lands.

5. Following a review of the application by staff, it was determined that there is not an accurate record of the amount on frontage on Kirst Road or on flooded land. Therefore staff are recommending that the Tourist Commercial One Special – 5 (CT1-5) zone replace the existing provision requiring 30.0 metres (98.4 feet) of frontage on Kirst Road and 75.0 metres (246.0 feet) of frontage on flooded land with the following provision:

5.1. The lot frontage on the date of passing of this by-law is deemed to comply.

6. After circulation of the application, and following a discussion with the applicants, it was determined that there are general provisions in Comprehensive Zoning By-law 2016-088 that would impact how the Travel Trailer is currently utilized on the subject lands. In particular, Section 5.14.4 of Comprehensive Zoning By-law 2016-088 states that a Travel Trailer parked in any Zone, except a RU or RR Zone, is not permitted to be used for human habitation unless located within a Camping Establishment. Additionally, Section 5.14.7 of Comprehensive Zoning By-law 2016-088 states that the Travel Trailer cannot be hooked up to hydro or a septic system unless it is part of a Camping Establishment. Therefore, staff are recommending that the Tourist Commercial One Special – 5 (CT1-5) zone contain the following provisions:

6.1. Notwithstanding any provision to the contrary, the Travel Trailer may be connected to a hydro service; and

6.2. Notwithstanding any provision to the contrary, the Travel Trailer may be use for human habitation.

7. It should be noted that the Travel Trailer would be subject to building setbacks as required by the Comprehensive Zoning By-law which require a 9.0 metre (29.5 foot) interior side yard setback. A concept plan submitted by the applicant indicates that the Travel Trailer would be located at least 9.0 metres (29.5 feet) from the southerly side lot line.




8.1. Chief Building Official No concerns with the proposal

8.2. Public Works Department No concerns with the proposal

8.3. Fire Chief No concerns with the proposal



8.4. District of Muskoka No concerns with the proposal

8.5. CN Rail No concerns with the proposal

8.6. Union Gas No concerns with the proposal

8.7. Other Agencies No comments have been received from Canada Post, CN Rail, Ministry of Municipal Affairs and Housing, Ministry of Transportation, Infrastructure Ontario, Manager of Economic Development, Lakeland Power, Hydro One, Veridian Connections, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, Muskoka Lakes Association, Bell Canada, TransCanada Pipeline Ltd. or MPAC.


9. No correspondence received.


10. Mr. Boyes, President of Touchstone Overlay Systems, thanked Committee for their consideration.

11. Mr. Boyes noted that the main business is renting the main buildings and he and his wife stay in the trailer which is a critical element that this trailer remains as they would have nowhere to stay if everything is booked up. Mr. Boyes indicated that this type of commercial tourist business has been in existence since the 1970’s.


12. Leslie Talbot, adjacent property owner, addressed the Committee and advised she owns the property jointly with her husband, David Mann. Ms. Talbot referenced the photos shown by staff and noted where her shed is in relation to the location of the trailer that is too close to her property.

13. Ms. Talbot submitted her correspondence to Committee attached as Appendix “B” to the Minutes.

14. Ms. Talbot asked why the placement of the trailer could not be elsewhere. She indicated there is a building on the property occupied in the summer months that was erected without a building permit and has its own driveway.

15. Ms. Talbot emphasized some items in the staff report. In paragraph 13 it references tourist camp or seasonal camp. She noted that in other agencies under paragraph 46, the Electrical Safety Association nor the Ontario One Call Before You Dig are not noted.

16. Ms. Talbot stated under paragraph 47.2 it makes reference to adequate buffering between the proposed trail and the lands to the south. She questioned what about the lands to the north which is her property. Ms. Talbot would also like to know what adequate buffering is referring to.



17. Ms. Talbot noted that paragraph 58 references the site being posted for public hearing purposes. The sign is posted on a dead end street that three other people use so she does not feel this is really a public notice.

18. Ms. Talbot referred Committee to the additional photos in her Affidavit to the report.


19. Committee asked if the previous trailer had been in a different location and then moved to the new area. Mr. Boyes advised that historically the previous owner had owned the neighbouring lands as well and the trailer was located in this area from the mid-70s to the 90s and was located just a few feet from where the trailer is now. The previous owner had located the trailer at the water and the Boyes have now put it back to the original location.

20. Committee questioned how many buildings could be on the property under the proposed zoning. Staff advised the property is subject to lot coverage and there is no maximum number of buildings although parking requirements are based on the number of cabins.

21. Committee noted that under the existing and proposed zoning there could be a number of buildings added through site plan. Staff advised that based on the lot coverage per cabin they could have quite a bit more structures than what is on the property now.

22. Committee asked if the zoning is site specific for the trailer or for the property and could they move the trailer. Staff advised the zoning allows for a travel trailer on the site as long as located within the appropriate setbacks.

23. Committee questioned the location of the neighbouring property and the adequate buffering to the south. Staff advised that from their assessment on site, the property line is well buffered. Staff advised that the By-law does not have a buffer area for a tourist establishment, however, where a buffer is required it can be a fence or unpierced vegetation. Staff advised that because there is one trailer this will not trigger site plan requirements.

24. Committee questioned how they could ensure buffering imposed. Staff advised Committee could amend the by-law to ensure that the buffer is in accordance with the Zoning By-law.

25. Committee asked if the zoning change gives the right to have the trailer or is the right already there. Staff advised there had been a right to have trailer before the passing of the current by-law, however, this application would allow for a travel trailer on the subject lands under the proposal. Staff clarified that there is no right to have the trailer.

26. Committee questioned if trailers were permitted on waterfront and use of the trailers. Staff advised that prior to 2016 all trailers were treated the same permitting one trailer with a principal dwelling. Staff further advised the different zones for the trailer. In the shoreline zone the parking of two trailers is permitted, however, cannot be lived in. Staff advised they cannot have the trailer under the current zoning as this is a Tourist Commercial zone.

27. Committee requested clarification of the front yard and it was confirmed the trailer in the back yard.



28. Committee questioned if the access was shared. Mr. Boyes advised that at one time both properties were owned by the same person and there was a shared driveway. Ms. Talbot has a new driveway to her place and is no longer a shared driveway.

29. Committee requested further clarification on the purchase of the trailer in 2016 and the timeline since the purchase of the property and when there was no trailer on the property. Mr. Boyes advised the previous owner passed away in 2015 and the daughter disposed of the travel trailer that was on the property. Mr. Boyes purchased the same trailer to bring back to the property and then sold the trailer and bought a new trailer. Mr. Boyes confirmed that when he bought the property there was no trailer located on the property.

30. Committee asked if another building could be built on the property and staff confirmed they could if they meet lot coverage.

31. Committee questioned the commenting agencies and asked if insurance is required. Staff advised that we require the name of mortgagees, however, not insurance and we likely do not have the authority under the Planning Act.

32. Committee questioned when is a travel trailer not a travel trailer. Staff read the definition of a travel trailer and confirmed that a travel trailer can be pulled and lived in. Staff advised a park model trailer has a CSA certification and is not considered a travel trailer.

33. Committee questioned how a trailer is dealt with if it is delinquent and no longer road worthy and staff advised this would be dealt with through enforcement under the Property Standards By-law.

34. Committee asked about septic privileges and what happens to empty the tanks and access to the water. Staff advised that the By-law prohibits the hooking up of hydro and septic and the applicant has requested for a hydro hook-up. It would be up the applicant to have the septic tanks emptied.

35. Mr. Boyes advised that they do have potable water. He was unaware that they were applying for utilities to the trailer and advised he has water and electricity and are looking for sewage hook up as well. He has a sewage company come and pumps of the trailer.



• Leslie Talbot




3.3. Official Plan Amendment D09-10/19 and Rezoning Application D14-07/19 – Lions Club of Bracebridge and Trustees Edmund Rynard, Oleh Wozniuk and Charles Readman

19-PD-037

(Section A)




1. The existing Institutional Special - 3 (I-3) zone permits only an existing Assembly Hall until such time as the building is connected to both municipal water supply and sanitary sewage services, at which time, the permitted uses will include an Assembly Hall, Day Nursery, Public Office, Place of Worship and a Public Park.

2. The proposed Institutional Special -18 (I-18) zone would limit uses to Assembly Hall, conducted within the existing building only, in addition to an Indoor Storage Facility and accessory uses until such time as the property is connected to both municipal water supply and sanitary sewage services. Once the site is connected to both a municipal water supply and municipal sanitary sewage service then the permitted uses are an Assembly Hall, Indoor Storage Facility, Day Nursery, Public Office, Place of Worship and a Public Park.

3. The proposed Institutional Special -18 (I-18) would have the following provisions:

3.1. The minimum rear yard for an Indoor Storage Facility shall be 1.5 metres;

3.2. The minimum interior east side yard for an Indoor Storage Facility shall be 4.6 metres; and

3.3. A visual barrier is required adjacent to any residential uses in accordance with Section 4.23 of Comprehensive Zoning by-law 2016-088.

4. Under the Town’s Site Plan Control By-law 2013-042, construction of the Indoor Storage Facility requires site plan approval. Any site plan application will need to address items such as:

4.1. Façade design;

4.2. Vegetation retention and the planting of additional vegetation;

4.3. Storm water management;

4.4. Buffering from residential uses;

4.5. Lighting;

4.6. Parking layout and surfacing; and

4.7. Snow storage.



5. As the subject lands are comprised of two separately conveyable parcels, the two parcels will be required to be merged into one lot prior to a Site Plan Agreement being registered for the property. The parcels are required to be merge to meet zoning requirements for parking.




6.1. Chief Building Official No concerns with the application.





6.5. District of Muskoka The District would not be opposed to the approval of the applications.

The subject lands have frontage on Muskoka Road 14 (Fraserburg Road), a Class “C” District Road. Although the property has an existing entrance onto the District road, a commercial entrance permit may be required from the District of Muskoka prior to the approval of a site plan and the existing entrance may need to be upgraded to commercial standards, at the cost of the applicant.

The applicant should also be advised that a stormwater management report may be required prior to the approval of a site plan and that a 3 metre (10 foot) road widening across the frontage of the lands may also be required for road widening purposes at that time.

6.6. Lakeland Power No concerns with the applications.

6.7. Union Gas No concerns with the applications.

6.8. Other Agencies No comments have been received from Canada Post, Ministry of Municipal Affairs and Housing, Ministry of Transportation, Infrastructure Ontario, Hydro One, Veridian Connections, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, Bell Canada, TransCanada Pipeline Ltd., CN Rail or MPAC.




7. None.


8. Greg Corbett of Planscape, agent on behalf of the applications made a presentation to the Committee attached as Appendix “C”.


9. No Comments from the Public.


10. Committee questioned what would initiate merging of the property. Staff advised the property is subject to site plan agreement and at that time the properties will need to merge.

11. Committee questioned what the reduced setback is in the requested by-law. Staff advised that there is a minimum requirement of 7.5 metres for the side and rear yards and the reduced setback is 1.5 at the rear yard and 4.6 metres to the side yard

12. Committee questioned if there was any comments from the Fairgrounds on this application and staff advised they would have been circulated and there were no comments.




3.4. Rezoning Application D14-09/19 – David and Lara Lee Oosthuzien

19-PD-038

(Section A)




1. The subject lands are currently zoned Residential Type 4 - Holding (R4-H) according to Comprehensive Zoning By-law 2016-088. The Residential Type 4 Holding (R4-H) zone limits uses to the existing uses only until such time as a Site Plan Agreement has been entered into with the Town of Bracebridge and a Servicing Agreement has been entered into with the District of Muskoka. Once the Holding (H) Symbol is removed, the permitted uses include all those uses in the Residential Type 4 (R4) zone including Row Dwelling, Triplex Dwelling, Fourplex Dwelling, Group Housing including in the form of Semi-Detached Dwellings and Duplex Dwellings, and Home Occupation.



2. The proposed zoning by-law would amend Comprehensive Zoning By-law 2016-088 by rezoning the subject lands from Residential Type 4 - Holding (R4-H) to Residential Type 4 Special – 32 Holding (R4-32H). The Residential Type 4 Special – 32 Holding (R4-32H) would carry forward all of the same provisions and uses as the current zoning but would permit a Home Occupation prior to the removal of the Holding (H) Symbol.

3. The Residential Type 4 Special – 32 Holding (R4-32H) also proposes to contain the provision that a Home Occupation is permitted to have a maximum of three (3) employees that are not residents of the dwelling, if the Home Occupation use falls under the definition of a Personal Services Shop.

4. Under Comprehensive Zoning By-law 2016-088, a Personal Service Shop is defined as:

“Means a building or part of a building wherein a personal service is performed including, but not necessarily restricted to, a barber shop, a beauty salon, a shore repair shop, a tailor or dressmaking shop, an arts and crafts shop, photographic studio, or registered massage therapist, but does not include any other uses defined in this By-law.”

5. Section 4.14 of the Comprehensive Zoning By-law 2016-088 contains a number of provisions that apply to Home Occupations including:

5.1. There is no external advertising other than a sign erected in accordance with any by-laws of the Town of Bracebridge or District regulating signs;

5.2. Only residents of the dwelling in which the home occupation is located, are engaged in the business and working from the dwelling;

5.3. The use is restricted to the dwelling unit and may not be conducted in whole or in part in any accessory building;

5.4. Not more than 25% of the total floor area of the dwelling unit is used for the purposes of home occupation;

5.5. There is no accessory outside storage;

5.6. Only the sale of goods produced on the premises is permitted;

5.7. The use does not interfere with television or radio reception of others in adjacent buildings or structures;

5.8. The use is clearly secondary to the main residential use and does not change the residential character of the dwelling unit nor create a nuisance, in particular, in regards to noise, traffic, parking or vibration;

5.9. The use shall not include the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 under the Environmental Protection Act RSO;

5.10. The home occupation cannot operate between the hours of 9:00pm and 7:00am; and

5.11. Notwithstanding any provisions to the contrary, a home occupation for temporary care and guidance of children must meet the following criteria:



5.11.1. A maximum of 6 children are permitted including those of the residents;

5.11.2. Not more than one employee, in addition to the residents of the dwelling are engaged in the business and working from the lot; and

5.11.3. The hours of operation for a home occupation shall only apply to the care and guidance of children occurring outside the dwelling.

6. If the zoning amendment is approved, all the above provisions would continue to apply to the subject lands, with the exception that not more than three (3) employees that were not residents of the dwelling would be permitted if the Home Occupation was utilized as a Personal Service Shop.

7. Giving the historic nature of the site as a convenience store, there is a circular driveway on the site with two entrances onto Manitoba Street along with parking for at least eight (8) vehicles on-site.




8.1. Chief Building Official No concerns with the application.





8.5. District of Muskoka No concerns with the application.

8.6. Lakeland Power No concerns with the application.

8.7. CN Rail

8.8. Union Gas



8.9. Other Agencies No comments have been received from Canada Post, Hydro One, Veridian Connections, Bell Canada, the Ministry of Municipal Affairs and Housing, Ministry of Transportation, Infrastructure Ontario, Simcoe Muskoka Catholic District School Board, Trillium Lakelands District School Board, TransCanada Pipeline Ltd. or MPAC.


9. None.




10. The owner was not in attendance.


11. No comments from the Public.


12. Committee questioned if they are looking to close one of the two entrances to the property. Staff advised that the owners wish to maintain both entrances.




4. DELEGATIONS AND PRESENTATIONS

Nil.

5. MINUTES FROM ADVISORY COMMITTEES

Nil.

6. NEW BUSINESS

6.1. Rezoning Application D14-04/19 – 2435420 Ontario Ltd. (Goodfellow)

19-PD-039 Moved by: Seconded by:

Councillor, A. Struthers Councillor, D. Smith

(Section A) 1. That the property described as part of Lot 9, Plan 31, Bracebridge Ward, Town of Bracebridge being Parts 1 to 7, Plan 35R-22940 be rezoned from the current zone of Residential Type 3 (R3) to Residential Type 3 Special – 25 (R3-25) as attached in Appendix “A” to Staff Report PD 016-19.

2. That further notice is not required pursuant to Section 34(17) of the Planning Act. (PD016-19)



AMENDMENT #1

19-PD-040

(Section A)

Moved by: Seconded by:

Deputy Mayor, R. Maloney Councillor, A. Struthers

That the preceding motion be amended by inserting the words “a maximum of two (2) years” in place of a “maximum of three (3) years” in item 2 in Appendix “A” to Staff Report PD016-19.

CARRIED

AMENDMENT #2

19-PD-041

(Section A)


Councillor, A. Buie Councillor, S. Clement

That Appendix “A” to Staff Report PD016-19 be amended to insert a new item 2 iii) as follows:

2. iii) Residential uses shall not be permitted at the same time as the Temporary Construction Site Office/Sales Presentation Centre use.

CARRIED

Upon the question of the adoption of the original motion as moved by Councillor, A. Struthers and seconded by Councillor, D. Smith, it was CARRIED AS AMENDED BY AMENDMENT #1 AND AMENDMENT #2.

6.2. Rezoning Application D14-08/19 – Touchstone Overlay Systems Inc.


Councillor, D. Smith Councillor, A. Struthers

(Section A) 1. That the property described as part of Lot 1, Concession 9, Draper Ward, Town of Bracebridge being Parts 5 to 8 and 11 of Registered Plan 35R-20974 be rezoned from Tourist Commercial One Special - 3 (CT1-3) to Tourist Commercial One Special - 5 (CT1-5) as attached in Appendix “A” to Staff Report PD017-19.

2. That further notice is not required pursuant to Section 34(17) of the Planning Act. (PD0017-19)



AMENDMENT #1

19-PD-043

(Section A)


Deputy Mayor, R. Maloney Councillor, C. Wilson

That the preceding motion be amended to refer the matter back to staff in the Planning and Development Department to review the feasibility of implementing visual barriers and the connection of services to the trailer, and report back to the Planning and Development Committee.

CARRIED

Upon the question of the adoption of the original motion as moved by Councillor, D. Smith and seconded by Councillor, A. Struthers, it was CARRIED AS AMENDED BY AMENDMENT #1.

6.3. Official Plan Amendment D09-10/19 and Rezoning Application D14-07/19 – Lions Club of Bracebridge and Trustees Edmund Rynard, Oleh Wozniuk and Charles Readman



(Section A) 1. That the Official Plan Amendment for the properties described as part of Lot 5, Concession 1, Macaulay Ward, Town of Bracebridge, being Parts 1 and 2, Plan RD1870 be adopted as attached in Appendix “A” to Staff Report PD018-19.

2. That the properties described as part of Lot 5, Concession 1, Macaulay Ward, Town of Bracebridge, being Parts 1 and 2, Plan RD1870 be rezoned from the current zone of Institutional Special – 3 (I-3) to Institutional Special – 18 (I-18) as attached in Appendix “B” to Staff Report PD018-19. (PD018-19)

CARRIED

6.4. Rezoning Application D14-09/19 – David and Lara Lee Oosthuzien



(Section A) That the property described a part of Lot 1, Concession 4, Macaulay Ward, Town of Bracebridge be rezoned from the current zone of Residential Type 4 - Holding (R4-H) to Residential Type 4 Special – 32 Holding (R4-32H) as attached in Appendix “A” to Staff Report PD019-19. (PD019-19)

CARRIED



6.5. Application Projects using Main Street Revitalization Funding



(Section A) 1. That the recommended projects as outlined in Staff Report PD020-19 utilizing the Main Street Revitalization Initiative Funding be approved.

2. That the Mayor and Director of Corporate Services/Clerk be authorized to execute future agreements that are required to facilitate the completion of the projects outlined in Staff Report PD020-19.

3. That the final form and content of any such agreement be to the satisfaction of the Director of Planning and Development, the Director of Corporate Services/Clerk and the Manager of Economic Development. (PD020-19)

CARRIED

7. ONGOING BUSINESS

7.1. Health and Safety Update

Nil.

8. CORRESPONDENCE

Nil.

9. CLOSED SESSION

Nil.

10. RESOLUTIONS ARISING FROM CLOSED SESSION

Nil.

11. ADJOURN

19-PD-047



That Committee adjourn until the next regular meeting or any special meeting called by the Chair.

CARRIED

The meeting adjourned at 9:19 p.m.



APPENDIX “A”

Letter from Residents of Anglo Street



Page 23

APPENDIX “B”

Letter from Leslie Talbot in opposition of Touchstone Overlay

And, with respect, it is my opinion that the proposed changes are too broad and leave room

for a wide range of unintended use(s). I therefore ask Council to consider Alternative #2 - re

defining the provision for the allowance of a travel trailer. Perhaps some consideration could

be made for the distance of a trailer to an adjacent property owner, other than just the

building setbacks.

It is not my intention to hinder their business in any way, nor limit their ability to increase their

revenue through additional rentals. The ability to have a travel trailer during the tourist

season achieves this, whereas a permanently parked travel trailer throughout the off-season is

merely granting the owner somewhere to park it.

In closing, I ask each of you to consider, would you want to look at a trailer, mere feet from

your property line, every time you exit your home, or when you relax on your deck to enjoy

what was originally a beautiful view of the natural environment?

If it's acceptable, Madam Chair, I'd like Council to pass around a couple of pictures that I

printed that really exemplify the close proximity of the trailer to my yard.

Thank you for your consideration.

Presented to Council by: Leslie Talbot (adjacent property owner)

1033 Kirst Rd, Bracebridge ON Pll lXl



Page 24

APPENDIX “C”

Presentation by Greg Corbett on behalf of the Lions Club

15/03/2019

1

LIONS CLUB OF BRACEBRIDGEOFFICIAL PLAN AMENDMENT AND

REZONING APPLICATIONSD09‐10/19 AND D14‐07/19

March 13, 2019

2

PROPERTY LOCATION

• 325 FraserburgRoad

• Eastern edge of Urban Centre, just west of Highway 11 overpass

15/03/2019

2

3

AERIAL LOCATION

• 2 separate properties that function as one.

• 0.42 acres in size with 57 metres of road frontage

• Existing 154 sqm clubhouse with attached deck and storage shed

• Municipal water and private septic

• Relatively level with some mature trees

4

SURROUNDING USES

North: Fairgrounds parking lot

South: Fraserburg Road, Rural farm

East: Entrance to Fairgrounds, Highway 11 Overpass

West: Residential

15/03/2019

3

5

PROPOSED SITE PLAN

Indoor Storage Facility

• Approx. 170 sqm (20 m by 8.5 m)

• 3.3 m in height• 14 storage units• Access via

internal hallway• Located at rear

of property behind Clubhouse

• Existing parking and entrances

6

• Existing vegetation to be retained.

• Existing entrances to be maintained and may need to be upgraded

• Existing municipal water and private septic

15/03/2019

4

7

OFFICIAL PLAN AMENDMENT• Redesignate

Lands from “Residential” to “Fraserburg Road Institutional Area”

• In keeping with the Vision, Goals and Objectives

• Use appropriate given proximity to Highway, Extractive Industrial and single municipal service.

8

ZONING BY‐LAW AMENDMENT

• Rezone Lands from “Institutional Special 3 (I‐3)” to “Institutional Special 18 (I‐18)”

• Add Indoor Storage Facility as permitted use and reduce rear yard and side yard setback.

15/03/2019

5

LIONS CLUB OF BRACEBRIDGEOFFICIAL PLAN AMENDMENT AND

REZONING APPLICATIONSD09‐10/19 AND D14‐07/19

March 13, 2019

planning and development committee minutes …

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