SPECIAL DEVELOPMENT SERVICES COMMITTEE MINUTES Wednesday October 17, :00 p.m. Town Council Chambers Page 1

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1 Page 1 1. CALL TO ORDER Committee Chair L. Cragg called the meeting to order at 7:00 p.m. and the following were recorded as being present. Committee Members: Regrets: Staff: Consultant: Councillor, L. Cragg (Committee Chair) Mayor, G. Smith (left at 8:20 p.m.) Deputy Mayor, R. Maloney Councillor, S. Clement Councillor, B. McMurray Councillor, M. Quemby Councillor, L. Giaschi-Pacini Councillor, G. Tryon Councillor, S. Young Chief Administrative Officer, J. Sisson Director of Public Works, W. Schmid Assistant Director of Development Services, D. Rahkola Planner III, M. Holmes Planner, Terry Sararas Planning Technician, S. McCormick Jim Dyment, MHBC 2. DECLARATIONS OF PECUNIARY INTEREST 3. PUBLIC MEETINGS 3.1 Statutory Public Meeting for the Official Plan Update for the Town of Bracebridge 12-DS-092 (Section A) Committee Chair, L. Cragg called the meeting to order at 7:02 p.m. Municipal Planner, Dana Rahkola, confirmed Notice was issued in accordance with the Planning Act, R.S.O and confirmed proper notice was given in the Bracebridge Examiner on September 26 th, October 3 rd, October 10 th and October 17 th, 2012 and by first class mail on September 26, The Town s planning consultant, Jim Dyment of MHBC, provided an introduction to the Town of Bracebridge Draft Official Plan. Mr. Dyment presented an overview of the amendments to the Official Plan that have been addressed to date. Official Plan Presentation: Website Link John Campion, counsel for the Bangor Ratepayers Association Inc. and a resident of the Town of Bracebridge addressed the Committee with his concerns. Mr. Campion noted that he feels that the Bangor Lodge property has been mis-designated and is not in accordance with the District of Muskoka Official Plan.

2 Page 2 Mr. Campion further noted his opinion that the current and proposed Official Plans are illegal under s. 27 of the Planning Act which states that the lower-tier municipality shall amend every official plan to conform with a plan that comes into effect as the official plan of the upper tier municipality. Mr. Campion also noted that the association is involved in an Ontario Municipal Board Hearing regarding severances of a portion of the former Bangor Lodge lands which has led to extensive costs to his clients. Mr. Campion reiterated his opinion that no development can occur without a secondary plan and his understanding that no secondary plan came forward when an application was made for three proposed severed lots. He noted that this property cannot be developed piece by piece and a decision was made without a secondary plan in place. Mr. Campion noted that it is his opinion that to exclude this one private property from designation in the draft Official Plan was inappropriate and contrary to the Planning Act and the Official Plan must take into account all lands within the Municipality. Mr. Campion further stated that he would like these lands to be reviewed by the Committee and included in the draft Official Plan, having regard to the District Official Plan. Robert List, Planner, addressed the Committee and advised that he felt the meetings held with local, private sector area planners was very useful to review the draft Official Plan and feels that Committee should consider further meetings to finalize some of the comments. Mr. List indicated that the terminology and language works, however, feels the Natural Heritage System Designation is inappropriate and to require certain studies by property owners such as an environmental study when, in his opinion, the mapping is inaccurate should not be imposed. Mr. List indicated adjacent lands are not protected by statute. When showing Natural Heritage designations, staff should possibly look at an overlay designation. In connection with comments regarding the former Bangor Lodge property made by an earlier speaker, Mr. List agreed with the general thread of the comments by Mr. Campion and stated that he feels the review of the lands development should be a comprehensive exercise and not piece meal. The Town should have wording in the Implementation Section defining conform to, consistent with and in regard to. He agrees of the importance of protecting the environment, however should have wording about ownership rights. Doug Cross asked the Committee when he would be allowed to send comments in and was advised that the purpose of the evening s statutory public meeting, with notice, was to ensure comments were received by the Town. However, given the comments received this evening, staff agreed to an extension to October 31, Wayne Simpson, of Wayne Simpson & Associates, Planner, addressed the Committee and agreed that the meetings held with local, private sector area planners and the Town were productive and that there should be another meeting with staff to further review the Official Plan.

3 Page 3 Mr. Simpson, advised that he was commenting on behalf of three property owners, Fowler Construction, Inveraray Glen and Evanco. Mr. Simpson also provided his written comments on each property in question.mr. Simpson indicated his concern that only part of Fowler s property along Bonnie Lake Road is designated Aggregate Extraction. Mr. Simpson advised that it was inappropriate to leave the Muskoka Heritage Area on the Fowler lands as the Official Plans of both the District and the Town are intended to protect the potential extraction of significant aggregate resources. Mr. Simpson further advised that the lands lying east of Monica Lane and owned by Fowler are designated Special Purpose Area and is indicated on Schedule E as Stage Two which significantly restricts development and amounts to expropriation without compensation, in his opinion. The lands should also not be categorized as Greenfield Area as that again limits Fowler s development and how development occurs in the Town. Mr. Simpson also advised that the Inveraray Glen Lands are also affected by Schedules E and F which freezes development on the lands for an indeterminate period of time. The lands have been designated as residential for more than 20 years. In connection with the Evanco property, two lots are owned by Evanco on the north side of Hwy 118 and the owners would like them designated Residential and removed from the Special Policy Area portion. Angela Ghikadis, Planner for Planscape, advised the Committee of a number of property owners that have retained Planscape for planning advice and noted her office is appreciative of the opportunity to be part of the process. Ms. Ghikadis provided three letters to staff on behalf of some of her clients. Carey Anne Oke-Cook, property owner, advised that she feels letters and comments have not been noted by staff which has entailed countless hours of work for the ratepayers. The document in question is a constant working document with policies brought forward by the Steering Committee and Council. She feels that Committee should look at meeting with the local, private sector area planners who are donating their time to ensure accuracy and consideration to be made with the wording of the document. Ms. Oke-Cook requested further information on the trail system and has concerns with the designations of these trail systems. Ms. Oke-Cook is of the opinion that this is a public designation without compensation. Mr. Dyment indicated the plan designates the trail, which can be acquired through a land use planning process. For example, by way of dedication of parkland through a plan of subdivision. Staff are to provide clarification to Ms. Oke-Cook of any trails on her property and any wetlands adjacent to her lands which would restrict the primary use of agriculture by October 31, She indicated she supports the different overlays and feels the Natural Heritage is an inaccurate designation. Ms. Oke-Cook asked who at the District Municipality of Muskoka was responsible for the Resort and Tourism Study.

4 Page 4 Mr. Derrick Hammond from the District advised that Samantha Hastings, Director of Policy and Programs, was the contact person at the District office pertaining to the Resort and Tourism Study. Ms. Oke-Cook noted that remembering the public in this process is essential and allows for a balanced successful community. Ms. Oke-Cook asked the Committee when she would be allowed to send comments in and was advised that the purpose of the evening s statutory public meeting, with notice, was to ensure comments were received by the Town. However, given the comments received this evening, staff agreed to an extension to October 31, Mr. Sid Aldred, Land Conveyancer, noted that there is no inventory of inactive waste disposal sites and the active ones are noted by the District. The 500 metre setback is significant and should have a list of all sites for property owners. Mr. Steve Fahner, Planner, Northern Vision Planners, advised that he will make a written submission by October 31, He noted there is no by-law administration provision in the Implementation section of the Official Plan. He noted there should be peer review implementation, long term site monitoring, scenic corridor signage and waterfront visual policies ie, how much vegetative buffer remains. The following persons requested further notice should this Community Improvement Plan be passed by the Municipal Council: - The District Municipality of Muskoka, 70 Pine Street, Bracebridge, ON P1L 1N3 - Robert List, 103 Southbank Drive, Bracebridge, ON P1L 1G3 - Roy Mason, Planning Partners Inc., 64 Jardin Drive, Concord, ON L4K 3P3 - John W. Mercer, President, Bangor Ratepayers Association Inc., 70 Abbeywood Trail, Toronto, ON M3B 3B5 - John Campion, Fasken Martineau, 333 Bay Street, Suite 2400, Bay Adelaide Centre, Box 20, Toronto, ON M5H 2T6 - Ron Goltz and Lynda Lynn, 66 Kimberley Avenue, Bracebridge, ON P1L 2A3 - Alan and Queenie Reville, 60 Kimberley Avenue, Bracebridge, ON P1L 2A3 - Robert J. Smith, 78 Snowdon Avenue, Toronto, ON M4N 2A9 - Sandy Tozer-Spence, 46 Anglesey Blvd., Etobicoke, ON M9A 3B5 - John and Jennifer Wood, 66 Brofoco Drive, Bracebridge, ON P1L 1C9 - Doug Cross, 28 Brofoco Drive, Bracebridge, ON P1L 1C8 - Wayne Simpson of Wayne Simpson & Associates, 11 Centre Street South, Suite 102, Huntsville, ON P1H 1W4

5 Page 5 - Angela Ghikadis, Planscape, 104 Kimberley Ave., Bracebridge, ON P1L 1Z8 - Sid Aldred, Box 31, Bracebridge, ON P1L 1T5 - Steve Fahner, Northern Vision Planners, 109 Meadow Heights Drive, Bracebridge, ON P1L 1A4 - Carey Anne Oke-Cook, 1200 Campbells Road, Bracebridge, ON P1L 0A1 No other submissions were made with respect to this proposal. Committee took a brief recess at 9:06 p.m. and adjourned the meeting at 9:15 p.m. 4. DELEGATIONS AND PRESENTATIONS 5. MINUTES FROM ADVISORY COMMITTEES 6. NEW BUSINESS 6.1 Official Plan Review and Update 12-DS-093 (Section A) Moved by: Seconded by: Deputy Mayor, R. Maloney Councillor, B. McMurray That the draft Official Plan, attached as Appendix A to Staff Report DS042-12, be received for information. (DS042-12) CARRIED 7. ONGOING BUSINESS 7.1 Health and Safety Update 8. CORRESPONDENCE 9. CLOSED SESSION 10. RESOLUTIONS ARISING FROM CLOSED SESSION

6 Page ADJOURN 12-DS-094 Moved by: Seconded by: Councillor, B. McMurray Deputy Mayor, R. Maloney That Committee adjourn until the next regular meeting or any special meeting called by the Chair. The meeting adjourned at 9:20 p.m. CARRIED