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[2:10]
All right.
[2:14]
I started the meeting 2 minutes late
yesterday and then ended it up 2 minutes
[2:18]
late. So, we're not doing that again.
I call the meeting to order at 9:00 a.m.
[2:24]
and welcome everybody to this special
planning committee meeting.
[2:28]
I can confirm that we have a quorum and
all of our council are in the chamber.
[2:33]
And we have senior staff and and
planning staff are present. Public input
[2:38]
on this application was
uh
[2:43]
was invited
at the
[2:46]
normal
email address, which is planning at
[2:48]
Muskoka Lakes. Today's meeting is being
live streamed and recorded on the
[2:53]
Township of Muskoka Lakes website and
YouTube channel. By participating in
[2:57]
this open public meeting today, you are
consenting to your image, voice, and
[3:01]
comments being recorded and posted
online.
[3:06]
Uh we have had
supplementary agenda and
[3:12]
for uh
the Bala Legion, the returning case of
[3:17]
the Bala Legion. We have Nick Jensen
speaking
[3:21]
on the interest of the Bala Legion and
Lisa Gorgon Green is speaking on behalf
[3:26]
of the resort Village Minett.
Uh committee, do we have any members who
[3:32]
have a uh
uh disclosure of pecuniary interest?
[3:37]
There's got to be another word for that.
Um
[3:43]
» [laughter]
>> Right. So, we'll move on to the agenda
[3:46]
now and we're going to start with our
three delegations. First one being Mr.
[3:50]
Jaglowitz.
Then we will have Lisa Grogan Green and
[3:54]
Mr. Jensen.
Good morning, Mr. Jaglowitz.
[4:00]
I think you're familiar with our
protocol here, 5 minutes.
[4:04]
» Yep.
>> Does that work?
[4:06]
» And I see I've got a a big sign here
that says name and address, so
[4:10]
» Yeah.
>> I'll I'll I'll follow the rules. Good
[4:14]
morning. My name is Frank Jaglowitz, 14
Indian Crescent, Port Carling.
[4:19]
Um
I'm here this morning to speak to you
[4:22]
about the Cleveland's House proposal,
which I'm sure you're all quite quite
[4:26]
familiar with.
And I'd like to give a great thank you
[4:30]
to staff
for the very detailed 58-page report,
[4:34]
which I think might be a record that
which outlines many aspects of the
[4:38]
development and the staff's position on
many of the issues.
[4:42]
So, if I might might ask staff to
display the first page. They're doing it
[4:46]
already. Great.
So, this is the first page of your
[4:50]
report, which are which are the which
are the recommendations. And as you
[4:53]
know, this was prepared by Emily
Crowder,
[4:55]
who's the senior planner, was approved
by Steve Stone, the manager of planning,
[5:00]
and acknowledged by David Clink, the
CEO.
[5:03]
So, I understand this would be the
official
[5:06]
position of the township.
Um under the heading recommendations,
[5:10]
you'll see in paragraph one
that recommends that the OPA submitted
[5:15]
by the Goldhar Group
be revised
[5:19]
to retain section C1.5.3.7
of OPA 56, which essentially prohibits
[5:26]
the development of new habitable
buildings within the flood plain.
[5:31]
In other words, staff is recommending
there be no new habitable buildings in
[5:37]
the flood plain.
And this would essentially make the
[5:40]
current proposal, in my view, not
viable.
[5:44]
» I request putting the light on
for the people back there, on.
[5:56]
Can people Can people hear? I apologize.
Do you want me to start over?
[6:01]
No. No. No. Please go on. Okay.
Thanks, Paul.
[6:08]
So, what I said was I I believe that I I
I now can hear the difference. Thank
[6:12]
you.
In other words,
[6:15]
the first paragraph of the
recommendation
[6:18]
is to recommend no new habitable
buildings in the flood plain.
[6:24]
And paragraph two then recommends
adoption of the OPA after it's revised
[6:29]
to not permit any new habitable
buildings. Therefore, they're
[6:32]
recommending approval of the proposal as
long as there's no habitable
[6:38]
buildings in the flood plain.
However, paragraph three
[6:42]
presents conditions to be added.
And I'll quote, "Should committee adopt
[6:47]
the amendments permitting new
development within the flood plain, then
[6:53]
there should be schedules to define
specific locations
[6:56]
where buildings are located, setbacks,
and so on." So, in my view in this
[7:00]
paragraph, staff are providing committee
an option
[7:04]
to move this application forward under
certain conditions. And I seriously
[7:09]
suggest that you consider this approach,
the approach in paragraph three,
[7:13]
which is to allow buildings in the flood
plain and schedules be added to define
[7:18]
the location, setbacks, and so on. So,
it's not unlimited, but it's a it's a
[7:22]
limited thing.
But, the recommendation then goes on to
[7:27]
deal in paragraph four with the zoning
bylaw, which would be required, and it
[7:34]
once again recommends approval of it in
part
[7:37]
subject to a number of conditions and
suggests that staff not use the one
[7:42]
submitted but prepare an implementing
zoning bylaw amendment to implement the
[7:48]
conditions at a future council meeting.
And that there be a holding provision
[7:53]
put on the land subject
to a number of conditions.
[7:58]
So in my opinion
the course is
[8:01]
is the committee should first deal with
the official plan amendment because if
[8:05]
that fails and there's no sense dealing
with the zoning.
[8:09]
And if it but if it's if the proposal is
substantially approved as submitted then
[8:14]
consider the zoning bylaw
a second. That that's the way I see it.
[8:20]
So then let's turn now to the district.
I I ask you to go to page 49 of the
[8:25]
staff report. And this contains the
District of Muskoka's comments.
[8:31]
Um
So firstly paragraph one of the district
[8:35]
comment district
indicates district staff are unable to
[8:39]
recommend approval of the applications
as they do not conform with the
[8:43]
district's MOP municipal
Muskoka official plan or comply with the
[8:49]
PPS. Mr. Jagger, you are coming up to 5
minutes.
[8:53]
But please continue.
I asked your indulgence. It's it's very
[8:57]
brief.
Um I had and I had an interruption.
[9:00]
Basically because once again same reason
buildings in the floodway.
[9:06]
Also paragraph two provides an option
should committee wish to approve the
[9:10]
application and apply a holding symbol
that can only be moved afterwards. So in
[9:13]
other words the district have also
provided that option. So in summary
[9:18]
here's something to think about when the
vote is called. Considering the past
[9:22]
history of this site Cleveland's
Cleveland's house is this
[9:27]
proposal better than any other options
that are available for this site? I
[9:31]
believe it is and strongly encourage you
support it. Also remember the district
[9:36]
is the final decision-maker and a split
vote at the at the Township Council will
[9:42]
give district counselors the opening to
turn it down for the reason that even
[9:46]
the Township's not fully supportive.
So, if you are not fully in support of
[9:50]
this application, I ask you reconsider
and move this forward to the district
[9:55]
with a strong vote. Thank you
for your time. I'm happy to answer any
[9:59]
questions.
>> Minnie, do we have any questions for Mr.
[10:02]
Jaglowitz?
>> Thank you.
[10:05]
» Thank you very much.
Our next delegate is Ms. Grogan-Green.
[10:12]
Is she in the waiting room? If we could
If we could bring her in. Thank you.
[10:36]
» Hello.
Uh thank you. Sorry about that. Uh
[10:39]
» Good morning.
>> Good morning.
[10:41]
» If you could start with your name and
address and you have 5 minutes.
[10:44]
» Okay, thank you. Uh my name is Lisa
Grogan-Green.
[10:48]
My permanent residence is at 133 Muldrew
Lake Road, North York, I'm 4N3H4.
[10:56]
Our family cottage on Campbell's Road
has made Minett a second home for a lot
[11:01]
of us.
Over the years, I've been a frequent
[11:03]
patron of Cleves, the Rock,
uh the local marinas, the Minett Mall,
[11:08]
and the Rosso Hotel. I've watched Cleves
evolve since I was a child. From the
[11:13]
addition of the golf course along
Juddhaven to the various expansions
[11:17]
required to accommodate a growing resort
population.
[11:21]
In preparation for today, I reviewed the
Township's report, the Azimuth EIS and
[11:26]
peer review, the wetland compensation
plans,
[11:29]
and the SLR peer review.
I recognize the immense time,
[11:34]
professional analysis, and financial
investment that have gone into these
[11:38]
documents. I also want to acknowledge
the dedicated effort of various councils
[11:43]
since 2018 to ensure this development
and others are responsible and
[11:48]
successful.
There appears to be a consensus among
[11:52]
the consultants that the proposed open
water marsh and compensatory measures
[11:57]
are a net benefit.
By enhancing adjacent wetlands and
[12:01]
improving connection points, the
developer is creating a landscape that
[12:05]
is ecologically superior to what exists
today.
[12:09]
Improving water quality for Wallace Bay
and providing an improved habitat for
[12:14]
local floral flora and fauna.
There's consideration paid to the
[12:19]
careful treatment of endangered or
threatened species.
[12:23]
I'm here today to ask the planning
committee to adopt the proposed
[12:27]
amendments to section C1.5.3.7.
Very specifically, I support permitting
[12:34]
the five micro cabins suspended over the
proposed open water marsh.
[12:39]
It's important to note that development
within these fringes is not a new
[12:43]
concept. Many existing cabins, such as
the Bayview Suites cabins 260 to 62, 280
[12:51]
to 82, currently set at a near zero
setback from the thicket swamp. If you
[12:57]
look behind them today, as I did last
week, there's either standing water
[13:01]
behind some or a small rivulet adjacent
to others which had directly into Lake
[13:06]
Rossell. Similarly, the yoga studio at
the marina is already suspended over the
[13:11]
water, as is a well-trafficked boardwalk
at the western outlet.
[13:17]
The current proposal does not introduce
development into a pristine untouched
[13:21]
landscape. Rather, it thoughtfully
replaces aging infrastructure with a
[13:27]
design that respects the modern flood
plane.
[13:31]
The applicant Mitch Goldhar has
consistently demonstrated a willingness
[13:35]
to work with the Minett Steering
Committee and other stakeholders.
[13:39]
He's already made significant
concessions to address community
[13:42]
concerns.
In fact, he bought the resort in 2019 to
[13:46]
save us from the density granted to
Fowler and the development plans of
[13:50]
Peter Freed.
Important facts should be taken into
[13:54]
consideration today.
Mitch has already demonstrated a
[13:58]
commitment to responsible development by
reducing the overall program from
[14:02]
approximately 4,000 units to just under
2,000.
[14:06]
He stated there's no current intention
to pursue any time share development. He
[14:11]
has no current intention of severing and
selling portions of the land for forms
[14:15]
of intensification.
Nor does he have a current intention of
[14:18]
developing mid-rise condos on the
property.
[14:22]
The above are all things that are
permitted as of right and could be in
[14:26]
front of this planning committee today.
Instead, we are discussing a boutique
[14:30]
48-cabin village with an adjoining
amphitheater.
[14:34]
The site has been designed by a
world-renowned architect with a
[14:37]
thoughtful and intentional design
approach focused on craftsmanship,
[14:42]
natural materials, and placemaking.
The application utilizes only 10% of the
[14:48]
permitted density for the site. It
respects the height, servicing, and
[14:52]
architectural principles established by
the steering committee
[14:56]
while revitalizing an historic property
that has contributed to the character of
[15:01]
Muskoka for decades.
The alternative to this proposal is
[15:05]
uncertainty.
We have an opportunity to secure the
[15:09]
long-term success of Cleves as a
world-class resort while enhancing its
[15:15]
environmental condition.
Currently, a generation of young people
[15:20]
has missed the opportunity to work at
Cleves and its restaurants, shops, and
[15:25]
athletic facilities.
The success of the Rock Golf Course,
[15:29]
Abby's Bake House, the Marina shops, and
the new addition of Pie
[15:34]
give us a glimpse of the vibrancy that
awaits us in Minett.
[15:38]
It is time to embrace a vision that
honors our history while investing in
[15:43]
our future.
I urge the committee to say yes today
[15:47]
and allow this project to move forward.
We've already lost yet another year.
[15:53]
Thank you.
>> Thank you very much, Ms. Grogan Green.
[15:57]
Committee, do we have any questions for
Ms. Grogan Green?
[16:02]
All right. Thank you very much.
>> Thank you.
[16:05]
» And you were right on at 5 minutes.
[16:09]
All right. Our next uh delegate is Mr.
Jensen.
[16:17]
» Uh Nick Jensen, uh 1003 Maple Avenue in
Bala, Ontario.
[16:23]
Uh P0C 1A0.
[16:27]
» Thank you very much. And and uh you have
5 minutes.
[16:29]
» Cool. Uh and uh this comes to like
exactly 5 minutes, so sorry about that.
[16:34]
Okay.
Uh my wife and I own Birch Park, a gift
[16:38]
shop on the corner of Maple Avenue and
Highway 169 in Bala. Some might say I'm
[16:43]
foolish to question 106 units of
potential customers just steps away.
[16:48]
However, I would like to voice my
thoughts on the Legacy Manor in the most
[16:51]
recent forms I've seen.
I've lived [snorts] in various downtown
[16:54]
Toronto locations for 17 years, and I'm
no stranger to development. Frankly, I
[16:59]
don't care what the building looks like,
how tall it is, or where the trees are
[17:02]
planted. I only care if it functionally
makes sense in its location. What are
[17:06]
the effects beyond its property lines? A
few numbers to consider. There are
[17:10]
approximately 1,400 combined full-time
residents in Bala, Acton Island, most of
[17:15]
Torrance, and surrounding as of 2021
according to Stats Canada. Bala proper
[17:20]
certainly has less than under 1,000
full-time residents. Legion Manor will
[17:24]
have 215 occupants, a number calculated
based on the proponents values of 1.8
[17:29]
persons in a one-bedroom and three
persons in a two-bedroom. However, 81 of
[17:34]
the 106 units have an office of 6 by 9
minimum size, which will realistically
[17:39]
be used by some residents as a second or
third bedroom. The number of occupants
[17:43]
will likely be significantly higher than
215 in addition to visitors coming and
[17:48]
going.
There are 121 dedicated on-site parking
[17:51]
spots. How are 121 parking spots
sufficient for a bare minimum of 215
[17:57]
people in a town with no public transit
system? Bala is 20 minutes from
[18:01]
Gravenhurst and 35 minutes from
Bracebridge, where the submission where
[18:04]
the greatest concentrations of employers
and services in South Muskoka are
[18:07]
located.
Previous submissions assumed parking for
[18:11]
only 56 vehicles. Given this figure has
more than doubled, can we expect revised
[18:15]
parking and transportation briefs?
Public parking will be an issue,
[18:19]
especially during the events at the
arena community center and new Legion.
[18:22]
Already during tournaments or special
events, every public and private lot
[18:26]
will often fill for most of the day.
Vehicles routinely line the street top
[18:30]
to bottom and along River Street and
Victoria Street. And whether
[18:32]
acknowledged or not, Legion Manor would
require some amount of public parking.
[18:37]
Please note the traffic at Maple Avenue
and Highway 169 was measured in April
[18:41]
during off-season. In the absence of
further data, estimates were made using
[18:46]
Grey Street summer volumes. However,
Maple and Grey are not comparable. The
[18:50]
high traffic destinations are on Maple
Avenue. I also suggest there is no
[18:53]
normal traffic volume on Maple Avenue as
events do not happen on a regular
[18:58]
schedule.
[19:01]
Possible left turn lanes onto River
Street and Maple Avenue from Highway 169
[19:04]
were considered, and it was found that
traffic 5 years beyond build-out does
[19:08]
not warrant a left turn lane at either
intersection. However, the predicted
[19:12]
weekday PM values for both intersections
come very close. So, what are the values
[19:17]
10 years beyond build out? What are the
values given the parking has doubled
[19:20]
since the April report? I am also
concerned about jamming up the
[19:24]
intersection on Maple Avenue blocking
off vehicle access to our business. The
[19:28]
proponents counts indicate this is not
an issue. However, this is already
[19:32]
sometimes a problem during the summer
months. Even three or four cars waiting
[19:35]
at the intersection blocks the parking
in front of our shop and dissuades
[19:38]
customers. Small changes in traffic have
huge impacts for businesses.
[19:42]
Those concerns aside, we should consider
Bala as a whole. Placing minimum 215
[19:47]
people plus visitors into a town of less
than a thousand residents, a generous
[19:51]
estimate, within a few short years will
have consequences. The township's
[19:55]
population grew by 1.3% per year between
2011 and 2021. Even using my numbers,
[20:02]
Legion Manor would increase Bala's
population by 21% in a few short years,
[20:06]
realistically higher. That's nowhere
near reasonable organic growth in a
[20:10]
semi-rural town with no public transit
and limited employment opportunities.
[20:15]
One important point, if the plan is
still to prioritize seniors in the units
[20:18]
that are not affordable housing,
research from the Canadian Journal of
[20:21]
Emergency Medicine states that people
65+ need the greatest share of paramedic
[20:26]
transports at 44%. With our strained
emergency services and distance from
[20:31]
hospitals, that may put these seniors at
risk.
[20:33]
In the parking study, the proponents
used proxy sites from Lindsay, Orillia,
[20:37]
and Barrie for comparison. In Lindsay,
population 22,000, and Orillia,
[20:42]
population 33,000, it's interesting that
seven of the nine proxy sites selected
[20:47]
contained fewer units than Legion Manor,
despite those towns having 20 to 30
[20:52]
times the population and their own
municipal transit systems. It seems like
[20:56]
Legion Manor is too large for the tiny
town of Bala. Crushing its size bit by
[21:01]
bit is an indication that it just
doesn't belong here at this scale. Other
[21:05]
Legion housing projects in Sault Ste.
Marie and Coburg are not comparable for
[21:08]
reasons similar to Lindsay, Orillia, and
Barrie. I say respectfully to those who
[21:13]
support this project in its current
form. This is an experiment that has the
[21:18]
potential to permanently change the
character of the town. For better or
[21:21]
worse, once it's done, it's done.
Thank you.
[21:26]
» Thank you very much, Mr. Jensen, and you
are right. Um committee, do we have any
[21:31]
questions for Mr. Jensen?
Mr. Jensen, we will take your comments
[21:37]
to heart when we get to the application,
which may not be until sometime this
[21:42]
afternoon, but thank you very much.
[21:46]
You can you exactly probably if you've
got things to do
[21:50]
watch on YouTube.
>> All right.
[21:56]
» All right, committee, we are moving on
to
[21:59]
uh the
next item of business, which is
[22:03]
OPA 62
uh
[22:07]
and uh or the adjustment of OPA 62 with
the OP 64 and zoning bylaw amendment
[22:12]
22/23.
And I will ask Ms. Crowder to come up
[22:17]
and give us her report.
[22:29]
» All right. Uh good morning, uh Chair
Bosma and members of committee.
[22:34]
The applications before you today are
for consideration of amendment 64 to the
[22:39]
Township of Muskoka Lakes official plan,
as well as zoning bylaw amendment
[22:42]
application ZBA 22/23,
respecting updates to the resort village
[22:48]
of Minett.
The subject lands are known municipally
[22:51]
as 1048 and 1112 Juddhaven Road, and a
portion of the lands do not have a
[22:56]
municipally assigned address.
The lands are most commonly referred to
[23:01]
as the lands associated with the
Cleveland's House Resort within the
[23:04]
resort village of Minett.
As committee may recall, reports on
[23:08]
these applications were previously
brought forward to committee on November
[23:11]
25th, 2025 and March 12th, 2026, which
was a joint public meeting held with the
[23:17]
District of Muskoka.
Further, as the members of committee and
[23:21]
the public may know, Minett has an
extensive planning history that is
[23:24]
detailed in the previous staff reports
that are linked in the report before you
[23:28]
today.
Next slide, please.
[23:32]
The subject lands are currently
developed with cabins associated with
[23:36]
Cleveland's House Resort, a marina,
commercial areas including a yoga
[23:40]
studio, and have frontage on Lake
Rosseau.
[23:43]
The site has an undulating topography,
beach areas, and is vegetated with
[23:47]
mature trees amongst the developed
areas.
[23:50]
The subject lands contain a wetland,
which is situated at the northern reach
[23:54]
of Wallace Bay.
Muskoka Road 28, known as Juddhaven
[23:57]
Road, is a Class B District Road and is
located to the west of the site, and a
[24:02]
privately owned section of Juddhaven
Road bisects the lot east to west.
[24:07]
This area The area around the site
contains tourism, residential,
[24:11]
commercial, and recreational uses.
More specifically, fire station five, a
[24:16]
golf course, and residential uses are
located to the north of the subject
[24:19]
lands. The JW Marriott and residential
uses are located to the east of the
[24:24]
subject lands.
Other ands Other lands owned by the
[24:27]
applicant, residential uses as well as
an unrelated draft approved phased
[24:32]
standard condominium containing 43
resort commercial accommodation units,
[24:37]
are located to the south of the subject
lands.
[24:39]
Next slide, please.
The applicant is proposing a resort
[24:43]
development consisting of a wellness
center including three in indoor sport
[24:47]
courts, a gym, a spa, a yoga studio,
exhibition rooms, eight retail spaces,
[24:54]
restaurant food and beverage facilities,
and five office spaces, a marina, 17
[25:00]
outdoor sport courts, a tennis pavilion,
a viewing tower, 48 rental cabins,
[25:06]
private beaches, stormwater facilities,
and a water and wastewater treatment
[25:10]
plant. Though staff would note that the
lands where the treatment plant is
[25:14]
proposed is not currently included in
this phase of the development.
[25:18]
Next slide, please.
The requests to amend OPA 56 are
[25:22]
detailed in the staff report for today's
meeting, the previous staff reports, and
[25:27]
are summarized as shown on the screen.
This is a substantial application for
[25:31]
the township, and for the sake of time,
I'm going to focus my presentation on
[25:35]
the key components that require careful
consideration by committee today.
[25:39]
These items include, next slide, please.
Development within the flood plain,
[25:44]
development within and adjacent to the
wetland, front yard setbacks and
[25:48]
vegetative buffers, development
concurrent with the water and wastewater
[25:52]
treatment plant, and the master
development agreement.
[25:56]
Next slide, please.
As part of the proposal, accommodation
[26:00]
units with accessory structures, a spa,
sport courts, an amphitheater, and
[26:06]
buildings associated with the wellness
center are located in part or in whole
[26:10]
within the flood plain of Lake Rosso.
Further, the proposal also seeks to
[26:14]
introduce approximately 10,000 cubic
meters of fill into the identified flood
[26:19]
plain.
The applicant has applied to amend the
[26:22]
section of OPA 56, which states that new
habitable buildings are not permitted
[26:27]
within the flood plain.
The provincial planning statement
[26:30]
includes policy, which states that
development shall be directed away from
[26:34]
areas of natural or human-made hazards
where there is an unacceptable risk to
[26:38]
public health and safety, or of property
damage, and not creating new or
[26:43]
aggravating existing hazards.
Staff have carefully considered section
[26:47]
5 of the PPS in its entirety.
Ultimately, the PPS states that
[26:51]
development and site alteration shall
not be permitted within a floodway
[26:55]
regardless of whether the area of
inundation contains high points of land
[26:59]
not subject to flooding.
Where a one-zone concept applies, such
[27:03]
as Lake Rosso, the floodway is the
entire contiguous floodplain.
[27:08]
The exception criteria included within
the PPS do not apply at to the situation
[27:13]
at hand.
Staff have consulted our legal
[27:15]
solicitor, other professional planners
in the area, and the District of
[27:19]
Muskoka, all of whom share staff's
conclusion on this matter.
[27:23]
Next slide, please.
[27:26]
The provincial policy direction has been
carried forward into the Muskoka
[27:30]
official plan and the Township's
official plan. Given this very clear
[27:34]
policy direction, staff are unable to
support approval of development and site
[27:38]
alteration within the floodplain.
Staff are concerned that approval of
[27:42]
development within the floodplain would
exacerbate the increasing concerns
[27:45]
associated with flooding in the
Township, and would set a precedent for
[27:49]
applications to develop within the
floodplain moving forward.
[27:53]
Site-specific approvals can cumulatively
have a significant impact, and as stated
[27:57]
in the Township's official plan, the
cumulative impact of amendments on this
[28:01]
and other lands will be considered to
have greater weight than a site-specific
[28:05]
considerations.
For these reasons, it is staff's opinion
[28:09]
that approving the amendment to permit
development within the floodplain does
[28:12]
not represent good planning.
Committee's decision to either approve
[28:17]
or prohibit development within the
floodplain will have significant impacts
[28:21]
on the remainder of the proposal,
such as the requested development within
[28:25]
and adjacent to the wetland, and the
requested reduced front yard setbacks
[28:29]
and vegetative buffers, as all of these
requests would place development and
[28:33]
site alteration within the floodplain.
Accordingly, it makes sense to deal with
[28:37]
the matter of flooding first.
Next slide, please.
[28:41]
The application also seeks to permit
development and site alteration within
[28:45]
and adjacent to an identified wetland.
The proposal seeks to permit the
[28:49]
development of resort commercial
accommodation uses, recreation uses,
[28:53]
resort commercial uses, including sport
courts, and trails and boardwalks within
[28:58]
the identified wetland feature.
As previously indicated, staff are
[29:02]
unable to support development within the
flood plain, which encompasses the
[29:06]
entirety of the wetland feature.
With that in mind, staff have carefully
[29:10]
considered the request to develop within
and adjacent to the wetland based on the
[29:14]
remaining applicable policies,
acknowledging that committee may
[29:17]
recommend approval of development within
the flood plain.
[29:20]
Section 4.1 of the provincial planning
statement speaks to natural heritage,
[29:25]
stating that natural features and areas
shall be protected for the long term.
[29:29]
Further, the PPS states that development
and site alteration shall not be
[29:33]
permitted within significant wildlife
habitat, which has been identified
[29:36]
within this wetland, unless it has been
demonstrated that there will be no
[29:40]
negative impacts on the natural features
or their ecological functions.
[29:44]
This policy is carried forward through
the Muskoka official plan and the
[29:47]
Township's official plan.
As committee is aware, a peer review
[29:51]
process has been ongoing involving an
environmental impact study and more
[29:55]
recently a wetland compensation and net
environmental benefit and enhancement
[29:59]
report. It was the request of the agent
applicant that the peer review process
[30:03]
be brought to a close.
Accordingly, SLR, the consultant who
[30:07]
conducted the peer review, provided a
final review of these documents. SLR
[30:12]
concluded that they continue to raise
concerns with the extent of the proposed
[30:15]
alteration of the existing natural swamp
communities.
[30:19]
SLR recommends that a number of measures
be taken to ensure that the proposal
[30:23]
results in a net enhancement.
If these recommendations are
[30:26]
implemented, SLR states that the
proposal may be environmentally
[30:30]
feasible, subject to consultation and
approval with federal and provincial
[30:34]
agencies.
Accordingly, staff's recommendation that
[30:38]
the proposal may be consistent with the
PPS, the MOP, and the TMLOP is
[30:43]
contingent upon the implementation of
the recommendations put forward by SLR.
[30:48]
Further, the compensation plan includes
utilization of ponds five, six, and
[30:52]
seven for compensation purposes.
However, the submitted engineering
[30:56]
documents speak to these ponds being
utilized for stormwater purposes.
[31:00]
Clarification on which is correct is
required, and if used for stormwater,
[31:04]
additional compensation will be needed
will need to be explored as stated by
[31:09]
SLR.
The recommendations put forward by SLR
[31:12]
include
first, maximize coverage of the western
[31:16]
shallow inlet by shallow wetland
communities, meaning less than 2 m in
[31:20]
depth, rather than open water. This will
support the aquatic plant establishment
[31:25]
and enhance ecological function.
To demonstrate a net benefit,
[31:29]
compensatory wetland creation should
exceed the 86,800,
[31:35]
sorry, 618 square feet that is proposed
to be dredged.
[31:39]
Second, a riparian restoration plan
should be implemented to ensure a strong
[31:43]
riparian area is established.
Third, for compensatory critical fish
[31:48]
habitat, meaning habitat that provides
spawning, rearing, and nursing
[31:52]
functions, new critical fish habitat
should exceed the identified 88,264
[31:59]
square feet currently providing spawning
function as identified by Azimuth.
[32:05]
And fourth, restrict guest access to the
new wetland area to ensure disturbance
[32:09]
to this area is minimized. To this end,
no motorized access should be allowed,
[32:14]
and fishing activity in the new wetland
area needs to be strictly controlled
[32:18]
during all times of the year.
Staff are aware that a request was sent
[32:22]
to the members of committee from the
agent requesting that the resolution be
[32:26]
amended to reflect the permission of an
open water marsh and dredging up to 3 m
[32:31]
in depth.
Staff do not support this request based
[32:34]
on SLR's peer review, which stresses the
importance of a shallow marsh approach
[32:39]
rather than an open water approach, and
a maximum dredging depth of 2 m to
[32:43]
support aquatic plant establishment.
Staff would also caution that approval
[32:47]
of development within a wetland,
particularly if it does not result in a
[32:51]
net improvement, would set a precedent
for development moving forward.
[32:56]
Next slide, please.
As stated previously, staff are unable
[33:00]
to support development and site
alteration within the floodplain.
[33:03]
The request to permit a reduced front
yard setback would place buildings and
[33:06]
structures within the floodplain.
Accordingly, if committee is not
[33:09]
supportive of development within the
floodplain, these requests become moot.
[33:13]
However, if committee is considering
approval of development and site
[33:16]
alteration within the floodplain, staff
have conducted an an analysis on the
[33:20]
basis of the remaining applicable
policies.
[33:23]
In the photo shown on the screen, the
required 66-ft setback is shown hatched
[33:28]
in pink, and the required at 50-ft
vegetative buffer is shown hatched in
[33:32]
green.
The submitted environmental reports have
[33:36]
considered the proposed setbacks of
development and include recommendations
[33:40]
to attempt to mitigate impacts of
deficient setbacks and buffers, namely
[33:44]
that a robust robust revegetation plan
be implemented.
[33:49]
Further, the District of Muskoka
official plan requires that vegetative
[33:52]
buffers be present 50 ft in depth for
75% of the subject land's shoreline,
[33:57]
which differs from the township's
official plan.
[34:00]
It is important to note that the
township's policy, which dictates the
[34:03]
extent of vegetative buffers being 50 ft
in depth and 100% of the shoreline, is
[34:08]
absent from OPA 56.
Accordingly, staff rely on the district
[34:12]
policy, which specifies 75%.
Staff have further considered existing
[34:16]
development within the required setbacks
and buffers, and legal non-complying
[34:21]
rights.
Staff would note that the proposed
[34:23]
amphitheater was not included in the
applicant's request for relief. However,
[34:27]
it would require such.
Next slide, please.
[34:32]
Next is development concurrent with
treatment plant construction, and the
[34:36]
applicant agent has requested that the
construction of the water and sewer
[34:39]
treatment plant be permitted to occur
concurrently with the overall site. The
[34:44]
District of Muskoka has recommended a
holding provision be included in the
[34:47]
zoning bylaw where provincial
environmental compliance approvals for
[34:51]
all water treatment, water distribution,
wastewater treatment, and wastewater
[34:56]
collection infrastructure be obtained
and agreements with the district be
[34:59]
entered into amongst other conditions
prior to its lifting.
[35:04]
While this would allow construction of
servicing infrastructure concurrently
[35:07]
with development
with multiple safeguards in place
[35:10]
committee should be aware of the
potential human health and environmental
[35:14]
risks in the case develop development is
finalized and services are not completed
[35:19]
or operational.
Although occupancy of units would be
[35:23]
prohibited, enforcement thereof can pose
challenges.
[35:26]
Township staff defer to the district for
consideration of water and sewer
[35:30]
services and their appropriate
build-out.
[35:33]
Next slide, please.
Per section C172 through to C177 of OPA
[35:39]
56
it is intended that development shall
[35:42]
occur in accordance with the provisions
of a master development agreement that
[35:46]
shall be supported to the satisfaction
of the Township and district.
[35:51]
Section C172 of OPA 56 states in part
that approval of a master development
[35:56]
agreement by council shall only be
Sorry, shall only occur after all of the
[36:02]
requirements of section C17 have been
met and shall occur before any lands in
[36:06]
the Minett Resort Village are zoned to
implement this plan.
[36:10]
The master development agreement is
intended to include a development
[36:13]
phasing plan, a master heights plan, a
master servicing plan, a master parks
[36:18]
plan, an integrated transportation plan,
a traffic impact study, a financial
[36:23]
impact assessment, urban design and
architectural guidelines, a fire safety
[36:28]
plan or life safety plan,
and other matters as deemed appropriate
[36:31]
by the Township and the district as it
relates to the services it provides in
[36:35]
order to ensure identification and
integration of uses, facilities, and
[36:39]
infrastructure.
While an MDA
[36:43]
master development agreement has been
drafted and discussions with the
[36:46]
applicant are ongoing, it has not yet
been finalized. Therefore, staff
[36:50]
recommend that the lands be subject to a
hold until this item is completed to the
[36:54]
satisfaction of the Township and the
district.
[36:58]
As noted in the staff report, several
specific items should be addressed and
[37:01]
included in the MDA such as emergency
services comments,
[37:06]
a provision to restrict activities
within the wetland,
[37:10]
a provision wherein the applicant agent
commits to advancing plans for a
[37:14]
permanent staff facility to be submitted
for consideration at a further date, and
[37:19]
a provision wherein the owner agrees to
compensate in some capacity for the
[37:23]
deficiency of parking by providing
parking on their adjacent lands.
[37:28]
Next slide, please.
[37:34]
The staff have prepared a detailed
report for committee's consideration
[37:37]
today. Um staff have broken the
recommendations down into the official
[37:42]
plan amendment and the zoning bylaw
amendment. Staff um
[37:46]
well, Mr. Jaglowitz went through the
recommendation earlier, but I'll just
[37:49]
summarize briefly. Um that official plan
amendment OPA 64 be revised to retain
[37:55]
section C1537 which prohibits the
development of new habitable buildings
[37:59]
in the flood plain, and that any
affected proposed amendments be retained
[38:03]
or revised accordingly. And that the
revised OPA be adopted by the Township
[38:07]
and the record forwarded to the District
of Muskoka for approval.
[38:11]
And that should committee adopt proposed
amendments to section C1537 permitting
[38:16]
new development within the flood plain,
that a schedule to sections C1543,
[38:21]
1544, and 1545
be added, which demonstrates this is
[38:26]
specific location and extent where
buildings and structures are permitted
[38:30]
within the front yard setback, and where
the required 15-m
[38:34]
shoreline vegetation buffer be permitted
to be reduced.
[38:40]
Staff also recommend that the zoning
bylaw amendment application be approved
[38:44]
in part, subject to approval of the
official plan amendment, approval of the
[38:48]
submitted amendment to the District of
Muskoka official plan, and subject to
[38:52]
the following: that a draft zoning bylaw
submitted by the applicant not be
[38:57]
adopted, and instead be replaced with a
bylaw drafted by staff,
[39:02]
which would contain the recommendations
contained within the staff report before
[39:06]
you today.
That a holding provision be placed on
[39:09]
the subject lands for a developer's
group agreement,
[39:12]
a master development agreement,
issuance of provincial environmental
[39:17]
compliance approvals,
an agreement with the District of
[39:20]
Muskoka respecting the water and
wastewater treatment plant,
[39:24]
the submission of wetland compensation
and net benefit and environment
[39:27]
enhancement report response memo to
address the comments of the peer review
[39:31]
prepared by SLR
to the satisfaction of the Township and
[39:35]
the District.
That the subject lands be required to
[39:38]
obtain site plan approval, and that a
satisfactory site plan agreement is
[39:42]
entered to into and registered on title
along with securities
[39:46]
for matters limit not limited, but
including um the EIS and peer review
[39:52]
responses and recommendations contained
therein.
[39:56]
And the submission of an updated traffic
impact brief or stamped letter from
[40:00]
professional engineer, which confirms
that the proposed 0-m setback from
[40:03]
Juddhaven Road will not present any
operational or functional concerns from
[40:07]
a transportation perspective, and
confirms that the existing right-of-way
[40:11]
along Juddhaven Road is 26 m in width,
consistent with the requirements of the
[40:15]
District of Muskoka official plan. I've
no further comments, but I'm happy to
[40:19]
answer any questions from committee.
Thank you.
[40:22]
» Uh thank you very much, Ms. Crowder.
Ms. Bustard.
[40:30]
» The sign?
Thank you very much.
[40:33]
» Ms. Bustard, um
there was no time limit on you today.
[40:37]
» Well, I will still try to be brief, but
I appreciate that.
[40:40]
» No.
>> Uh thank you very much, and thank you to
[40:42]
Emily for that very thorough
presentation.
[40:44]
Um
uh Paula Bustard with Cleveland House
[40:47]
Resort, and I thank you for your
indulgence in hearing from me again. Um
[40:50]
and we're really excited to be here
today, and uh hopefully uh bring the
[40:54]
zoning in the OP portion uh to
conclusion. Uh presentation, if you
[40:58]
don't mind, just going to the next
slide. I will try to keep my comments
[41:01]
brief, but uh I am here obviously to
answer any questions that you may have.
[41:04]
I have with me two of my colleagues,
including Andrew Seymour, who heads up
[41:07]
our construction team, and who will be
overseeing construction of this should
[41:11]
it be approved. Uh we also have online
Aaz Smith, uh from our environmental
[41:15]
engineers are online and able to answer
any questions.
[41:18]
Um
I will not repeat what I have presented
[41:21]
to you on numerous occasions, other than
to say that uh the vision that we
[41:25]
brought before you is something that we
are fully committed to, but it is
[41:28]
contingent on the plan as proposed being
approved. Uh some of the modifications
[41:33]
that would be necessitated by Sazer uh
recommendations just make this unviable,
[41:37]
and uh something that we could not
proceed with. Next slide, please.
[41:42]
Uh phase one, as you know, encompasses
what is predominantly the Cleveland
[41:47]
House Resort as it stands today, uh
including some of the cabins, the old
[41:50]
tennis, and the old golf course. As you
can see from this aerial, this land, as
[41:55]
has uh been stated by previous
deputants, is not pristine. It is land
[41:59]
that has been modified and altered many,
many times in many different ways over
[42:03]
the last 100 years. Cleveland House has
a long, rich history going back 150
[42:07]
years. This site has been altered by man
and modified many times. What we are
[42:12]
proposing to do today is to clean it up,
to modify it, to restore it, and bring
[42:17]
it back to life in a way that we think
is viable and something that will make
[42:21]
all of us proud in Muskoka. Next slide.
[42:26]
Uh just some more imaging of obviously
the site which many of you are familiar
[42:30]
with. Next slide, please.
[42:34]
Uh this is the marina. Next slide.
This is our overall master plan. Uh what
[42:40]
is here before you today is phase one.
Uh even with the totality of the plan
[42:45]
that we have proposed, it is quite
modest in comparison to the density that
[42:48]
was approved um through the OPA that we
settled with the town and the district
[42:52]
and the steering committee. Uh but phase
one is what we're here to discuss today,
[42:56]
so I'd like to get in a little bit more
detail. Next slide, please.
[43:00]
Uh and that obviously is phase one. Uh
the total square footage that we're
[43:04]
proposing is just under 200,000 square
feet, 199,000.
[43:08]
There's 48 cabins, a wellness center,
tennis facility, uh retail uses,
[43:13]
amphitheater,
uh and a marina. Next slide.
[43:22]
Uh just looking at phase one in a little
bit more detail and what I'd like to
[43:24]
focus on now is the flood plain and the
I guess more contentious uses that have
[43:29]
been identified by staff. Next slide.
Uh this is just an aerial view. Before I
[43:35]
go to the next slide, I just want to
explain uh one last time why it is so
[43:39]
important to us that the wetlands be
restored. As it is right now, it is a
[43:44]
very very dense thicket swamp as has
been obviously discussed numerous times
[43:48]
before you.
Our hope and desire here is to create a
[43:52]
place that the traveling public and the
community adore. That people want to be
[43:55]
there, that there's great porosity,
there's great pedestrian access, that it
[43:59]
is somewhere that people can take their
boat and go do shopping, have dinner, go
[44:04]
for a walk on the trails, explore the
site. Someone rents a cabin with their
[44:08]
family, the kids are playing, they go to
the tennis academy, they go and play the
[44:12]
wellness center. We want there to be a
lot of flow, we want there to be a lot
[44:15]
of beauty. We also want access to
nature, and part of that is providing
[44:19]
access to these wetlands. I need to say
it one more time, we are not trying to
[44:24]
take away any wetlands. We want to
modify the wetlands from a dense thicket
[44:27]
swamp to an open water marsh. We want
there to be life, and aquatic life, and
[44:32]
habitat, and environment sustainability,
but we want it to be done in such a way
[44:36]
that it's accessible to people. I've
said this before, but when you walk
[44:40]
about 80% of that wetland right now, you
can't actually get down to the waterline
[44:45]
unless you are crawling through the
dense thicket. Your legs would be cut
[44:48]
up, the ground is unstable, there there
is such thick muck in there that if
[44:53]
anyone fell in, I really do genuinely
believe it would be a dangerous
[44:56]
condition. That is not conducive to
renting out to families and to
[45:00]
facilitating an environment that people
want to be.
[45:03]
Uh so what we are proposing is to
enhance, not to destroy, and I think
[45:07]
that's a very, very important
distinction. Next slide, please.
[45:13]
Uh what I just want to show you right
now quickly, which I haven't shown you
[45:15]
previously, is a slide that before you
right now every that is the existing
[45:19]
aerial. That is Cleveland's house that
has existed for 100 years. And what you
[45:23]
see there, everything in yellow, is in
the flood plain.
[45:27]
So, that is over
30,000 square feet of built form that
[45:31]
exists today in the flood plain.
Uh next slide, please.
[45:37]
So, what is on the right now is our
proposed phase one. Everything in orange
[45:42]
is what we're proposing to replace it
with. It's almost identical, but in
[45:45]
actual fact, it's less square footage.
The proposed GFA in the flood plain is
[45:50]
around 18,000 square feet. We are
building less than what exists today.
[45:55]
Furthermore, we are proposing to build
everything above the static flood
[45:58]
elevation. One thing that was just said
in staff's presentation is that when you
[46:02]
look at the PPS, it the intent of it is
to life safety and making sure that
[46:07]
you're not creating dangerous
situations. And one of the disagreements
[46:10]
that we have and I I appreciate that
there's professional disagreements on
[46:14]
some interpretations of policies. I
agree that there's some singular
[46:17]
policies in the PPS when read in
isolation, absolutely indicate that you
[46:22]
can't do what we're proposing. But the
intent of the PPS is to read in its
[46:25]
entirety and look at the intent of the
policies and look at the totality of the
[46:29]
policies. We've provided legal opinions
that when read in totality, that there
[46:33]
absolutely is policy justification for
this. Nonetheless, the decision is for
[46:37]
council and council will have the
ability to make that decision
[46:39]
themselves. But we believe that the
design is environmentally sound. We
[46:44]
believe the design has obviously a lot
of merits to it. And on top of that,
[46:48]
there is absolutely no life or safety
impact. Every single building will be
[46:53]
above the static flood elevation, either
through the grading of the site or
[46:56]
through the cabins are stilted. The
access and egress to all of these
[47:00]
buildings are also outside of the static
flood elevation. There is absolutely no
[47:04]
life and safety issue here.
Um
[47:08]
so I just want us to look at this one
more time in terms of what we are
[47:11]
proposing versus what exists today. This
is not a new condition. And I spoke at
[47:14]
length about the wetland and why we want
to clean it up and we want to remove
[47:18]
obviously a lot of the
thicket that is there now. Next slide.
[47:24]
We've talked at length about the various
studies that's been done. Asmith has
[47:27]
been the consultant on this site
for almost 20 years. We hired them
[47:32]
and they have a long long history, but
for us they started in 2018 and these
[47:36]
are all the different studies they've
done. Uh in my letter to you, although I
[47:40]
highly respect the the peer review that
was done by SLR, we do disagree with
[47:45]
some of their analysis and some of their
findings. I detailed it in my letter.
[47:48]
I'm happy to go through it. We believe
the largest one is the fish habitat
[47:52]
8,000 cubic meters has been overstated.
That was uh the entire area of the
[47:57]
thicket, but as as per MNR, only 1,500
has been identified as a fish habitat,
[48:03]
although there is potential for more.
So, the 8,000 per replacement we think
[48:07]
is overstated. That being said, this
process is not over, and as as uh staff
[48:11]
have presented to you, if this is
approved, we're going to be going
[48:14]
through detailed design, and there'll be
a litany of agreements facilitating the
[48:18]
redevelopment of these lands, and the
consultants continue to work through
[48:21]
those design matters. There's a few
other items that I stipulated in there
[48:25]
that we think were um our consultant's
report was not properly interpreted by
[48:29]
the peer reviewer, but nonetheless, I'm
not here to debate that other than to
[48:32]
say that when we get into detailed
design, they will be in the room, and
[48:35]
we'll work through all those matters
collaboratively.
[48:38]
Next slide.
Again, just showing you what the
[48:42]
existing condition is and what we are
trying to obviously uh
[48:45]
improve upon. Uh I just want to touch
very briefly on the depth, cuz I know
[48:49]
that is a big issue.
For the most part, we believe through
[48:54]
our design we will be adhering roughly
to the 2 m, but our consultants have
[48:58]
consistently said, and we did respond to
the SLR peer review that came out, uh
[49:03]
which has not been identified in the
staff report, but we did respond uh in
[49:06]
June to that.
There are a couple areas where it will
[49:10]
be necessary to go up to 3 m. For us to
achieve what we're trying to do here and
[49:14]
to make sure that the overall vision is
achieved, there's a couple areas that
[49:17]
need to be a little bit deeper up to 3
m. Me asking for uh your endorsement to
[49:22]
go up to 3 m is not us saying that the
entirety of the thing is going to be
[49:26]
dredged to 3 m, but if it's a hard fast
2 m, we are concerned that we're not
[49:30]
going to be able to achieve this uh
vision. The restoration of these
[49:34]
wetlands alone are going to be in the
range of $3 million. That's a huge
[49:37]
investment uh in terms of dollars and
and activities. We don't want to do it
[49:42]
if we're it's not going to obviously uh
do it properly. If it's not going to
[49:46]
achieve the vision that we have, and
that's why I ask for your consideration
[49:49]
to stipulate that there will be portions
open water up to 3 m. Again, that's not
[49:54]
a blank check that we're just going to
do everything to 3 m. We do believe the
[49:57]
general range will be two, but it's
important that we have the ability
[50:00]
between two and three. Next slide,
please.
[50:05]
Uh next slide. And then just showing the
vision of what we're trying to achieve
[50:08]
in terms of the open water marsh with
the cabins on stilts. Uh this is from
[50:12]
the pedestrian bridge as you enter the
village. Next slide.
[50:16]
And this would be the view from the
village looking across the wetland to
[50:19]
the cabins.
Next slide.
[50:24]
Uh this is our restoration plan. So, the
last thing I'll say about the wetlands
[50:28]
uh is that there is obviously a lot of
compensatory measures that we have put
[50:31]
forward. Restoration, rehabilitation of
habitat, replacement, enhancements, all
[50:37]
of those are stipulated in our net
benefit report, and we are uh fully
[50:40]
committed to that. I know staff
indicated that the ponds that are
[50:44]
currently attached to the lagoons should
not be considered. Ultimately, it's a
[50:48]
multi-stage development for the
wastewater facility, so those will be
[50:51]
decommissioned at some point. Uh and we
do believe it's still appropriate to
[50:54]
consider them for compensation, but that
is a matter that can be detailed through
[50:58]
our agreements with staff, and there can
be further discussion of whether that is
[51:01]
appropriate.
I don't think it has to be settled
[51:03]
today. Next slide.
[51:07]
Uh and these are obviously the further
uh wetland restoration matters, not just
[51:11]
among the pond. There's naturalization
of the channel. Uh there's
[51:14]
naturalization of other components and
replantings on the other side of Jed
[51:18]
Haven that will be occurring. I just
want to very uh briefly touch upon the
[51:22]
commentary too about the timing of
development. The reason that we have
[51:25]
asked staff both at the town and the
district to allow development to happen
[51:28]
to concurrently is just the the
construction of the wastewater facility
[51:33]
and the servicing associated with it
will be significant. Uh if that was to
[51:37]
happen and all of the commissioning had
to happen before any building permits
[51:40]
could be pulled, it would be the most
inefficient construction on Earth. Uh
[51:45]
Uh, we want to build simultaneously,
obviously having full legal obligations
[51:49]
and the the agreement with the district
will hold our feet to the fire to make
[51:52]
sure that we can't operate or do
anything until such time that that plan
[51:55]
is operating, but it would be completely
inefficient both financially and just
[52:00]
logically to build the entire facility
and have the entire site sitting
[52:05]
stagnant, nothing happening while that's
happening. So, that is the reason for
[52:08]
it, but we are not opposed to, you know,
obviously the agreement and the legal
[52:13]
maneuvers that would obviously make sure
that that has to be completed before the
[52:16]
site could be used in any way, shape or
form.
[52:18]
Uh, next slide, please.
[52:21]
And lastly, you can just go through
these next uh, six slides uh, just one
[52:25]
at a time if you don't mind. Just the
pretty pictures. I just want to remind
[52:28]
everyone obviously what we're trying to
achieve here, the craftsmanship, the
[52:32]
respect for privacy, separation, tree
preservation is a big thing of what
[52:36]
we're proposing. We've meticulously
mapped out all the trees through phase
[52:39]
one uh, to ensure that we've actually
moved cabins to to preserve as many
[52:43]
trees as possible. The village we really
see as being the heart and soul for the
[52:47]
community both the traveling public and
for the community at large. Uh, the
[52:51]
bottom right picture or actually if you
don't mind staying here, too. The tower
[52:54]
feature was one thing that was
identified as a potential concern from
[52:56]
staff. It is 5 m by 5 m. It is very
modest in size. So, although it does go
[53:02]
up to uh, a higher elevation, uh, the
OPA that was stipula- that was approved
[53:07]
has the provisions to have moments that
exceed heights for architectural
[53:10]
moments. Uh, we do think that that tower
feature is important. Obviously the
[53:15]
lighting will be dealt with different
uh, appropriately. And in my response
[53:19]
letter, we also asked that uh, the
measurement of that gets from
[53:22]
established grade. It's the typical way
of measuring height. The definition
[53:26]
that's being proposed would be a bit
more uh, difficult to kind of interpret
[53:31]
and to implement because there's such
grade changes on the site. So, uh,
[53:34]
measuring height from established grade
is is standard in the industry.
[53:39]
Uh, next slide, please.
[53:44]
Next slide.
I'll do That's just a height map just
[53:47]
showing you again uh the tower feature.
Uh that one is the chimney and then the
[53:51]
next slide if you go to you'll see the
tower feature.
[53:54]
Uh and so those are the three points
that exceed the heights but again it is
[53:57]
permitted as per the OPA if it meets
kind of architectural standards.
[54:05]
I think I think I've covered all my
talking points. I apologize but uh if
[54:10]
there's any questions you have I'm happy
to answer it. I would just like to
[54:13]
specify the three modest modifications
we are recommending to the
[54:17]
recommendations and to the conditions.
Staff did uh show us the conditions
[54:20]
beforehand and we are generally
supportive of all the holding
[54:23]
provisions. We believe that they are
fair and equitable and give obviously um
[54:27]
comfort to both the city staff and to
the district that these things will be
[54:30]
done before the lit the H is lifted.
However, there's three clarifications
[54:35]
that I would ask. One, uh the timing for
bringing the bylaw forward was very
[54:39]
ambiguous. It said at some future
council date. Obviously, this process is
[54:43]
over 3 years at this point so we'd like
some assurances that the bylaw is going
[54:47]
to be brought forward um immediately
upon uh the ability of staff to do so at
[54:52]
the next council meeting. I know there's
a district component to it but we are
[54:56]
asking for a commitment that the bylaw
be brought forward immediately. Um I
[54:59]
know staff also spoke about modifying
the zoning bylaw. We're absolutely fine
[55:03]
with that. I think that's more of an
administrative um the draft of the bylaw
[55:07]
that we did was not using the zones that
staff prefer which is absolutely fine.
[55:11]
We've already seen a new version of it
and we are working with staff on that so
[55:14]
I have no issue with that but I don't
like the ambiguity that it's just some
[55:17]
future council date. I would hate to
have endorsement today but the bylaw not
[55:22]
be enacted for another 6 months.
The more contentious one but I think
[55:26]
it's important is we are asking in the
condition pertaining to a planning site
[55:29]
plan approval that a clarification that
uh for the wetlands uh it's in state to
[55:35]
stipulate that in order to create an
open water wetland adapt of up to 3 m be
[55:40]
permitted. That is an important um
uh distinction for us and we're asking
[55:44]
you to consider that. And lastly, this
is not contentious at all. Uh
[55:48]
uh Judd Haven, the condition that speaks
to Judd Haven says uh confirming that
[55:52]
it's at a width of 26 m. It's currently
only at 20 m, so we just want to change
[55:56]
the language to say confirming that it
will uh be protected up to 26 m. It's
[56:01]
only built to 20, so we'll protect for
the 26, but we can't confirm something
[56:05]
that doesn't exist right now. So with
that, I thank you for your indulgence in
[56:09]
listening to me, and me and my team are
here to answer any questions you have.
[56:12]
And thank you very much to staff. This
has been a very, very long process, very
[56:16]
technical process, and I commend them
for all the work that they have done.
[56:19]
Thank you.
[56:24]
» Thank you very much, Ms. Bustard.
Committee, we now begin the heavy work.
[56:30]
We have questions for
uh
[56:33]
Ms. Bustard or Ms. Crowder.
[56:37]
» I just have a quick question for Ms.
Bus- Ms. Bustard if she could come back.
[56:42]
Uh I just need a little help on one
thing that you just mentioned and have
[56:46]
mentioned earlier. The 3 m versus 2 m,
uh you
[56:51]
kind of vaguely call out that you're
only going to need it in certain
[56:55]
locations or certain circumstances. Can
you identify those or approximately
[56:59]
identify those so that we know that
they're where they are and perhaps why
[57:03]
they are necessary?
>> There's obviously various depths through
[57:08]
the the the restoration that's going to
occur. We We haven't got into detail
[57:11]
design, so we have rough estimations.
There's extensive plantings. We've done
[57:15]
the island. It really will be through
the center of the channel, just making
[57:19]
sure flow and water is happening. We
don't want this to be stagnant. We don't
[57:22]
want this to quickly grow back into the
thicket that it was.
[57:25]
Um I can't say with absolute certainty
right now exactly where it'd be three,
[57:29]
where it'd be two, but we just don't
want to be in a situation where the
[57:32]
approval caps it hard fast at two and
that there's no there's no flexibility
[57:38]
on that matter. That being said,
everything that we are going to be doing
[57:42]
with Azimuth and with our team is to the
absolute highest standard. We are
[57:47]
motivated more than anyone to make sure
that this is beautiful and the habitat
[57:51]
is thriving and it's an environment that
people want to be.
[57:54]
So you can be sure that we are
absolutely aligned on that. So I can't
[57:57]
tell you definitively where it would be,
but we just need the ability in some
[58:00]
locations for it to come up to three or
to go down to three meters.
[58:03]
» Thank you.
>> You're welcome.
[58:05]
» Mitty, just before we go to the next
question, I just I'd like to outline how
[58:09]
we will go through this. It's really not
much different than we normally do. Uh
[58:13]
so we will have questions so that we
fully understand in our minds what what
[58:18]
we're facing. Then I will read the
resolution and then then we are going to
[58:23]
go through the various items that there
are differences and we will start with
[58:28]
the flood plain.
And if we require, we will have an
[58:31]
amendment and adjust it as we have as we
normally do. Then we will do uh
[58:37]
development with the adjacent wetlands.
Uh
[58:40]
after that we can deal with front yard
setbacks and vegetative buffer and we
[58:44]
can go on through those things. So those
are the items that are generally where
[58:47]
there are differences in opinion and we
need to make that decision. So that will
[58:51]
be the process, but right now let's make
sure we understand and have all of our
[58:54]
questions answered.
Councilor Nishikawa.
[58:59]
» Thank you. Through you to um
Mr. Pink.
[59:04]
I am
It's just sort of a general question
[59:08]
about I think that the community would
appreciate
[59:12]
when um
the Marriott was being built. Um
[59:18]
we
from my recollection
[59:22]
a bylaw officer was designated that that
was
[59:26]
you know, they that was their only
focus. They didn't have other projects.
[59:30]
That was their only focus.
From one of some of these conversations
[59:35]
about the wetlands and things about how
deep and how, you know, how much
[59:38]
destruction or what all that.
[59:43]
Who who checks? Like who, you know, how
how how how are we knowing
[59:49]
um
you know,
[59:51]
what happens on a job site for for
instance within the wetlands?
[59:55]
» CEO Pick,
thank you uh through you the chair and
[59:58]
good morning committee. Uh my
recollection of the JW Marriott, I think
[1:00:02]
you may have misspoke. I believe uh a
dedicated building inspector, yes,
[1:00:07]
uh was actually housed on site I think
on a trailer and was dedicated
[1:00:10]
exclusively to reviewing uh construction
and various inspections under the
[1:00:15]
building code for that entire
development. At the time I believe uh we
[1:00:19]
would have likely had one part-time
bylaw officer. So, I think to answer
[1:00:23]
your question uh council's put a lot of
additional resources to bylaw
[1:00:27]
enforcement. Uh we now have uh more of a
robust bylaw enforcement team.
[1:00:31]
Um I'm not I wouldn't commit uh right
now to saying we're going to dedicate
[1:00:36]
one of those bylaw officers exclusively
to this development, but I think we
[1:00:39]
certainly have the
uh the resources and the capacity to
[1:00:43]
address any issues
uh should it arise through this
[1:00:45]
construction
similar to any other development in the
[1:00:49]
municipality.
[1:00:52]
» Thank you.
[1:00:56]
» Committee, no further questions.
Councillor Mason.
[1:00:59]
» Uh thank you and through you. I think
this was just one fact I was trying to
[1:01:02]
capture because there's a lot of
information.
[1:01:05]
» Mhm.
>> Uh so, I suspect it's probably in
[1:01:07]
somebody's report somewhere.
Uh the square footage that currently
[1:01:12]
exists, I think Ms. Bustard put up a
slide of what's currently in the flood
[1:01:18]
plain versus what is being recommended.
I think I said it I captured it right.
[1:01:22]
but is it 30,000? Maybe you could just
answer that question and then I
[1:01:25]
» Miss Buskirk.
>> Uh thank you. It's roughly 30,000. We
[1:01:29]
don't have kind of detailed surveys of
those buildings due to the age. So we've
[1:01:32]
we've taken the area off. Our internal
architect has kind of taken off the
[1:01:36]
satellite images. So it's roughly 30,000
square feet and what we're proposing to
[1:01:39]
replace it with is roughly 18,000 square
feet.
[1:01:44]
Okay, thank you.
[1:01:49]
» Councillor Edwards.
>> Yes, thank you. This would be to
[1:01:55]
Miss
Miss Buskirk.
[1:01:57]
Uh
Is there a bridge across there?
[1:02:04]
» Uh yes, there's currently a pedestrian
bridge that runs from the cabins, like
[1:02:08]
the baby suites, across the wetlands to
where the yoga studio is and that exists
[1:02:12]
today.
>> And it will be the same. So like
[1:02:15]
» Yeah, we're proposing to obviously
improve upon it, but yes, we are
[1:02:18]
proposing that same kind of pedestrian
linkage there.
[1:02:21]
» I guess what my my question is so large
boats couldn't go in there. I thought
[1:02:25]
you had said before it was just for
canoe, paddle boards and
[1:02:29]
» Yes, absolutely. We are in other than
the depth matter, which I know is a
[1:02:33]
disagreement, we are we are in full
agreement with the other recommendations
[1:02:37]
of SLR, including no motorized vehicles
in there whatsoever. Absolutely. And
[1:02:41]
restricting access.
Yeah.
[1:02:44]
» I've seen and I think it was just an
artist
[1:02:47]
rendition of the uh
cabins on stilts where they had stairs
[1:02:51]
going down to the ground
in the flood plane. I thought you had to
[1:02:55]
have it so that you could get
>> No, they actually the access and egress
[1:02:59]
stays above it. So they're actually
raised and you don't drop down until
[1:03:03]
you're outside of the
the elevation limit. Yeah, that's
[1:03:06]
correct.
[1:03:09]
» Councillor Zaps.
>> Um thank you and through you to Paul if
[1:03:13]
you would.
So the word contentious, I mean I I find
[1:03:18]
that disturbing after all these years,
uh but thank you for that use. Uh I
[1:03:22]
guess I would ask you the question,
um
[1:03:26]
if I could, uh other than that, other
than the water depth issue, which is
[1:03:31]
whether it's 2 m or 3 m, is there
anything else, could you phrase to us
[1:03:36]
any any other concerns you have that uh
are to that level of uh contentious as a
[1:03:43]
contentious issue, or is that is that
the main niggling point now? Is that
[1:03:47]
where we are with everything else, all
the conditions and the H's and
[1:03:50]
everything else, is that where
where you are, where we are with that
[1:03:54]
right now?
>> I I think it's Cherry.
[1:03:56]
I don't even like using the word
contentious. I shouldn't have used that.
[1:03:58]
I apologize. I I think there's been a
really, really great collaborative
[1:04:01]
approach. I think we just on the
floodplain issue are agreeing to
[1:04:04]
disagree. There's different ways of
interpreting policy. We also are looking
[1:04:08]
at kind of the the holistic and the
broader view. And uh obviously, as the
[1:04:14]
people who are going to own and operate
these these lands, we feel really
[1:04:18]
passionately that this is such a
critical issue to the enjoyment of the
[1:04:22]
site for for the public uh and for the
community. Um so, it's that's why it's
[1:04:27]
so absolutely essential to us and that
we just don't feel that there's a path
[1:04:30]
forward without it. Um but for the most
part, the application, I think we are
[1:04:34]
all fully aligned. Um I remember going
back way back to 2018 when I had the
[1:04:39]
pleasure of sitting on the Minut
Steering Committee and hearing all the
[1:04:41]
aspirations of the community. And you
know, we really took that to heart and I
[1:04:45]
think the plan does showcase that. I
think the uh there's a couple comments
[1:04:49]
in there about parking. I don't totally
understand the notion of compensation
[1:04:53]
for parking. We think the parking supply
we've proposed is absolutely sufficient.
[1:04:56]
We do have lots of land around there
that if there's need for overflow, but
[1:05:00]
that being said, our our our traffic
consultant is very confident with the
[1:05:03]
numbers we put forward at 171 stalls. Um
so, I I think that was identified and
[1:05:07]
the height was identified, but I think
those are things that can get worked
[1:05:10]
through at site plan. So, I don't think
there's any fundamental issues other
[1:05:13]
than the wetland Uh issue, which I
understand the staff's position and and
[1:05:17]
why they've taken it, and we're asking
for your consideration.
[1:05:22]
» Supplemental.
>> Thank you, and through you, Paula.
[1:05:25]
Another question then,
as it relates to flood planning, I mean,
[1:05:28]
we're
we as a people are struggling with flood
[1:05:31]
planning right now, given the most
recent flood and and the ones prior.
[1:05:36]
Um
how committed are you to working with us
[1:05:40]
on that?
>> In what
[1:05:43]
» Well, I guess, sorry, in in in the
capacity that
[1:05:47]
um
I think it's just going to be a bit of a
[1:05:49]
struggle to get to where we're all in
agreement with the flood plain piece.
[1:05:54]
And I just wonder, you know, what your
uh overarching uh theory is on that, I
[1:05:59]
suppose.
>> Well, the the proposal we've put
[1:06:02]
together, and obviously the technical
studies that we've put forward, uh we
[1:06:06]
think that there is a very very strong
justification for what we've proposed,
[1:06:09]
which is that 80,000 that does encroach
into the flood plain, which really does
[1:06:13]
replicate and to a lesser extent than
what exists today. They will be built at
[1:06:17]
a higher elevation. All life safety will
be dealt with. Um without that
[1:06:21]
component, we are not prepared to
proceed with this this application.
[1:06:26]
» Mayor Kelly.
[1:06:29]
Uh thank you very much, and uh through
you, not a question to anyone. In fact,
[1:06:33]
I might talk a lot, so you may sit down.
Um
[1:06:37]
I I I just want to talk uh primarily to
council. We or to council, to the
[1:06:42]
committee. Um this you know, the
counselor Zabitsky's questions raise
[1:06:47]
some issues that we run into every once
in a while.
[1:06:50]
We seem to think we have to
reach unanimity. We seem to think that
[1:06:54]
we have to
uh not offend. Um
[1:06:59]
and frankly, there shouldn't be this
notion that it's we're pitting one
[1:07:02]
against the other here.
Uh quite frankly, I I think both
[1:07:07]
submissions uh are very very strong,
exemplary. Um uh as as apologetic said,
[1:07:15]
one outlines the sort of terms and
conditions under which they're they're
[1:07:19]
uh willing to proceed with an
application. Uh our position, which is a
[1:07:23]
very thorough uh review of the uh
planning matters. Um and and I will say
[1:07:29]
right now because we always forget till
the end, uh our staff have done just an
[1:07:34]
a remarkable job. They've done it under
incredible time pressures. We have a uh
[1:07:39]
small uh
group back in the planning department.
[1:07:44]
I won't say it, but thank goodness one
of them is Emily.
[1:07:48]
» [laughter]
>> Uh it it is really really well done and
[1:07:51]
represents the planning interest
in a phenomenal way. I think we've heard
[1:07:56]
from a couple of the uh
uh comments that came in and I was going
[1:08:00]
to repeat the comment as well. There's a
path forward that is highlighted
[1:08:05]
uh if count if committee I'm going to
say council 100 times. If committee
[1:08:09]
chooses
uh a different path.
[1:08:13]
I will not countenance anyone saying
that we're going against planning. We're
[1:08:18]
not going against planning. Planning is
absolutely a huge factor in our
[1:08:22]
consideration. Environmental impact is a
huge factor in our uh consideration.
[1:08:28]
But quite frankly, we have an obligation
to the constituents of this township to
[1:08:32]
step back three paces and consider a lot
more than just the planning
[1:08:38]
justification or the planning issues. We
have to consider the economic
[1:08:41]
development issues. We have to consider
the uh we have to consider the uh the
[1:08:46]
local impact issues. Uh we have to
consider quite frankly, and this is one
[1:08:50]
of those cases where I don't do this I
don't bet. But we have to sometimes bet
[1:08:55]
on the jockey, not the horse. Uh we have
a we have a situation that's been lying
[1:09:00]
dormant for so long. It's uh I was going
to speak to Paul about cleaning the
[1:09:05]
place up, please. It's a mess over
there.
[1:09:08]
We're It's time that we put, you know,
we get somebody who's able to show, you
[1:09:13]
know, a track record of of success in in
closing on big
[1:09:17]
uh construction projects and has a
commitment to the community.
[1:09:22]
Um that has to factor into the kinds of
things that we're going to be putting in
[1:09:26]
the front of our mind. Not to minimize
any of the effort or impact or input
[1:09:31]
from our planners, from CAO Pink, from
the rest of the advisors we work from
[1:09:36]
with, including our outside advisors and
frankly including Azimuth and some of
[1:09:40]
the other
parties who participated in this as
[1:09:43]
well.
There's a There's a path forward or
[1:09:47]
there isn't. No one need be offended.
Our job is to represent to the best of
[1:09:53]
our abilities the interests of the
entire township, everyone who resides,
[1:09:57]
who who travels here, who is a part-time
or full-time resident,
[1:10:01]
to consider all of the implications
of this project. And frankly, I think
[1:10:07]
all of the implications of turning down
this project. Um I'm going to have more
[1:10:11]
to say as we go through what sounds like
a three- or four-day exercise, but when
[1:10:16]
we get to the various issues, I will
have more to say. But I think it's
[1:10:19]
important that we go at this the right
way. We have tremendous documentation,
[1:10:23]
probably too much,
to consider. We've read it, we've asked
[1:10:28]
questions, we've highlighted it, we've
asked for for um
[1:10:33]
amendments to it. Um and we're at that
day when it might have all been easier
[1:10:38]
just to get to call in sick. But we have
to stand up and we have to do this
[1:10:43]
review and we have to make sure that we
are putting all of the interests
[1:10:47]
into the formula that decides how we're
going to vote. And again,
[1:10:51]
Emily, you've done a remarkable job as
we are accustomed to. Thank you for your
[1:10:55]
for standing up for all of this in such
an articulate manner. Um I appreciate it
[1:11:00]
very much.
And um I'm going to go back to the
[1:11:04]
chair. Thank you.
[1:11:07]
» Councilor Roberts.
>> Thank you, Chair, and through you to Ms.
[1:11:11]
Crowder.
Um
[1:11:14]
is my understanding correct that the
some of the current buildings are at
[1:11:19]
zero level of of water level or are
Ms. Crowder?
[1:11:25]
» Through you, Chair, um to Councilor
Roberts. Um well, first of all, thank
[1:11:28]
you, Mayor Kelly. Um but through you to
Councilor Roberts, um there are some
[1:11:33]
existing buildings that are within the
flood plain on these lands. Um the
[1:11:38]
document prepared by Ms. Bustard um that
was shown on the screen today, I haven't
[1:11:43]
seen that until this morning. The
comparative of um existing buildings
[1:11:47]
versus proposed, so I cannot verify
you know, the the number specifically,
[1:11:54]
but yes, there is existing development
within the flood plain. Um and that was
[1:11:59]
part of staff's analysis um in that
buildings that are considered to be
[1:12:06]
legal non-complying within the flood
plain could be replaced one for one.
[1:12:10]
Um the applications before us today look
to alter those locations um and size and
[1:12:17]
extent, so
a bit different, but to answer your
[1:12:20]
question, yes.
>> All right, thank you. So, I don't know
[1:12:22]
who to ask the question to, but it's
more for my clarity on Lake Rosseau. I
[1:12:26]
don't get on Lake Rosseau a lot. Um I
can see flooding
[1:12:30]
the the spring flooding on Lake Muskoka,
the evidence and what happens,
[1:12:35]
but
historically
[1:12:38]
what happens in the spring
on Lake Rosseau? Is it going up 2 or 3
[1:12:43]
ft like it does in Lake Muskoka or is it
Ms. Crowder?
[1:12:48]
» Through you, Chair, um to Councilor
Roberts. I
[1:12:52]
admittedly am not an expert on the
flooding levels
[1:12:55]
in the Township and on the specific
lakes. I don't know if Mr. Pink knows
[1:12:59]
the
change in elevation on Lake Rosso. What
[1:13:03]
I can say is we did do a site visit for
this property
[1:13:07]
in the spring and there is some photos
in the staff report that show that site
[1:13:11]
visit and the flooding on site
particularly near the Wetland area
[1:13:16]
and the area between the Wetland and
Judhaven Road. You can see that it it
[1:13:21]
does flood in that in that location.
[1:13:28]
» Other questions committee?
Let me read the
[1:13:31]
» Councilor Mazan.
>> Councilor Mazan.
[1:13:34]
» Thank you and through you.
And I again
[1:13:39]
the quality of all of these inputs I'm
just repeating is just so significant
[1:13:43]
and there's a lot of information that
all of us are trying to mine through.
[1:13:48]
I think that both of you have isolated
where this most I won't use the word
[1:13:53]
contentious but most significant thing
seems to be around the 2 m 3 m. I did
[1:13:58]
note though in the conclusion of the
I need to put my glasses on again.
[1:14:05]
The um
SLR recommendations there was a few
[1:14:09]
other pieces.
Number
[1:14:12]
So I'll not talk about the 2 m but a
riparian restoration plan
[1:14:17]
a compensatory critical fish habitat
and then I think the fourth one was
[1:14:22]
about restricting guest access to the
new Wetland area which I think
[1:14:27]
it's probably difficult to actually
manage but I think I'm hearing isn't
[1:14:30]
really as significant but perhaps those
other two you could just expand upon a
[1:14:34]
little bit.
>> I'm happy to. Thank you very much. Yeah
[1:14:37]
generally those conditions and we
responded when SLR sent those. We're
[1:14:41]
generally in agreement. There's a slight
disagreement on the extent of the fish
[1:14:44]
habitat replacement and that's going
back to my commentary in my presentation
[1:14:48]
that the the total thicket is the 8500
but MNR has only identified 1500 of fish
[1:14:54]
habitat and our and and through our
surveying. So, that can be detailed more
[1:14:58]
through obviously the discussions that
we'll have through detailed design. So,
[1:15:01]
there's a there's a potential that it's
larger than the 1500 but they don't our
[1:15:05]
consultants don't believe it's anywhere
close to the 8500 that was stipulated by
[1:15:08]
SLR.
Um so, that I'd say is a clarification
[1:15:11]
that we need to work through and and
there's absolutely no real contention on
[1:15:14]
that. It's just a matter of of the
environmentalists kind of getting
[1:15:17]
together and reviewing that. And the
repair and restoration plan fully in
[1:15:21]
agreement and a restoration plan
actually shows that. Uh and if it
[1:15:24]
enhancements needed on that, no problem
whatsoever. And yes, 100% we've agreed
[1:15:28]
no motorized vehicles in there. So,
generally we are completely aligned with
[1:15:32]
the exception of the depth.
>> Thank you.
[1:15:34]
» You're welcome.
>> I could just ask members of the public
[1:15:36]
to not talk during the meeting, please.
Next question.
[1:15:44]
No talking, please.
Councilor Mazin.
[1:15:49]
» Uh thank you and through you and just uh
one other I just want confirmation
[1:15:53]
perhaps from staff about the concurrent
the request for the concurrent uh
[1:15:59]
treatment plant that is going to be
handled through the district. If I can
[1:16:02]
just have assurance or if you can just
explain how that works. Thanks.
[1:16:06]
» Ms. Grater.
>> Thank you. Through you, Chair, uh to
[1:16:09]
Councilor Mazin. Yes, so the district
did provide comment on the application
[1:16:13]
and did speak to um the request for the
um wastewater treatment plant to run
[1:16:19]
concurrently with development on site.
So, in the recommendation
[1:16:25]
one of the points um to be included
within the holding provision is an
[1:16:29]
agreement with the district um be
entered into and registered on title
[1:16:33]
regarding um the design and construction
for the wastewater treatment plant and
[1:16:39]
it is to include the provision of
financial securities,
[1:16:43]
um the requirement for the developer to
obtain at their sole expense all
[1:16:47]
required provincial approvals,
um and it details those provincial
[1:16:51]
approvals that are required.
Um before start of operation.
[1:16:58]
Um
requirement for the developer to ensure
[1:17:01]
that any rental arrangements made and or
any lease or rental agreements to
[1:17:06]
include terms identifying that occupancy
will be contingent upon
[1:17:11]
um those provincial approvals and
construction of the necessary water and
[1:17:15]
sewer infrastructure.
And the requirement for the developer to
[1:17:19]
obtain the necessary connection permits
from the district prior to connection um
[1:17:24]
to the municipal water and sewer
infrastructure. So they have put in
[1:17:28]
their conditions that they feel satisfy
um this requirement. And I do know that
[1:17:34]
um Curtis Severight, who is manager for
the planning department at the district,
[1:17:37]
is online today and available to answer
any questions um
[1:17:42]
regarding the water and sewer or any
district interest really.
[1:17:46]
» Mayor Kelly.
Thank you for that. I just have a a
[1:17:49]
follow-up,
if I may. I I'm a little confused about
[1:17:53]
whether this is an issue of the need to
construct water and sewer or the timing
[1:17:57]
of the construction.
And so and that's what I thought it was.
[1:18:02]
If it's timing, I understand that the
risk is of
[1:18:06]
of non-completion, never gets done. Is
that the real risk? And and I have to
[1:18:10]
ask my question and then I'll turn the
mic off. Is that not something that
[1:18:14]
could be covered off with a performance
bond of some sort? Ms. Crowder.
[1:18:17]
» Through you, Chair, um to Mayor Kelly.
So the question is timing. That is the
[1:18:22]
the component that we're debating or or
just that is um being proposed. And they
[1:18:27]
do want to construct the wastewater
treatment plant at the same time as the
[1:18:31]
rest of the development is being built
out. Um
[1:18:35]
there is a requirement for financial
security, so that does protect the
[1:18:39]
township to a certain extent. The risk
is that,
[1:18:43]
um, you know, the treatment plant not be
built and that people potentially occupy
[1:18:48]
these buildings before occupancy is
granted, which is always an enforcement
[1:18:53]
challenge.
[1:18:58]
» Councilor Edwards.
And then Councilor Mazin.
[1:19:01]
» Uh, yes. Um,
I can see the
[1:19:05]
necessity of building the houses as well
as the sewer and water at the same time.
[1:19:11]
I believe it was asked
and that we can withhold occupancy
[1:19:16]
permits and who's going to move in if
they don't have water and sewer?
[1:19:23]
» Committee, I'm
>> I'm going to answer that one.
[1:19:24]
» Seeing a slow down in the questions. Oh,
sorry, Councilor Mazin.
[1:19:29]
» Uh, thank you. Through you, this is just
again a clarification because there's
[1:19:32]
some new terms here about one zone one
zone flooding versus two zone. I think,
[1:19:38]
uh, Ms. Crowder, you had mentioned that
and I know that it was in the report
[1:19:41]
from, uh, Ms. Buster as well. Could you
just for committee's sake explain the
[1:19:45]
difference between the two, please?
>> Ms. Crowder.
[1:19:48]
» Through you, Chair. Uh, to Councilor
Mazin, absolutely. So, a one zone
[1:19:51]
concept is applied for, um, lakes
typically, larger, um, bodies of water,
[1:19:58]
not to be mixed up with a large inland
versus small inland, but lakes in
[1:20:02]
general.
Um, and a two zone concept is applied
[1:20:05]
more so for rivers, um, where the change
in flooding elevation is more drastic
[1:20:11]
than on a lake concept. So, in the
provincial planning statement, the, um,
[1:20:17]
two terms are defined and applied to
specific situations. One zone concept,
[1:20:23]
the entirety of the flood plain is
considered to be the floodway.
[1:20:28]
And so, that's a very important
distinction when reading the provincial
[1:20:31]
planning policies. In a two-zone
concept, you have the floodway and the
[1:20:37]
flood fringe together, which create the
flood plain. So, it you know, very
[1:20:42]
technical defined terms.
Um and in this case, Lake Rosso is a
[1:20:47]
one-zone. The entirety of the flood
plain is the floodway.
[1:20:52]
» Quick supplemental, Chair.
>> Yes.
[1:20:54]
» Okay. Just so
putting in this into layman's terms,
[1:20:58]
using the distinction between a river
and now a one-zone floodway,
[1:21:04]
the difference would be the variability
one could assume on a river
[1:21:09]
uh because of the fringe.
So, there's like a static line and then
[1:21:13]
an up and down. That's probably a lot
more variable on a two-zone. Is that
[1:21:17]
correct?
>> Ms. Crowder.
[1:21:19]
» Through you, Chair, to Councilman Zand.
That is my understanding that the
[1:21:22]
variability in water level differs more
greatly when you are talking about a
[1:21:27]
river stream
river um scenario versus a lake. So, the
[1:21:32]
policies that are applicable differ a
bit. Um and I think maybe CAO Pink wants
[1:21:37]
to add.
>> CAO Pink.
[1:21:40]
Thank you. Just quickly, yes. I think
the variability in height, uh but also I
[1:21:43]
think the variability in flow. And
that's a large part of the distinction
[1:21:47]
too in a riverine environment. You're
going to have greater flow in that
[1:21:50]
floodway, while the flood fringe may and
that could directly impact health and
[1:21:54]
safety
at those at those flows.
[1:21:57]
Uh and that's why it's a two-zone
concept in in rivers as well. So,
[1:22:00]
height, uh but also flow levels. Thank
you.
[1:22:08]
All right, Committee. Let me
[1:22:23]
» Sorry, Councillor Bosworth, your mic's
not on. There you sorry. Thank you.
[1:22:28]
Um
Before I read the resolution, which
[1:22:31]
changes the nature of the discussion and
some of the rules around how we have to
[1:22:34]
behave.
Um
[1:22:38]
Um we're going to take a 15-minute break
and be back at
[1:22:44]
and
10 10 35.
[1:22:51]
And I will remind committee
and the people in the room that there
[1:22:55]
should be no discussion of this
either between committee members or
[1:22:59]
between committee and the public.
[1:23:03]
» All right.
[1:30:09]
» Mhm.
[1:38:29]
» I'm going to read the resolution so that
we can have
[1:38:32]
open to full discussion and continuing
questions as required. Moved by
[1:38:36]
Councillor Edwards, seconded by
Councillor Kent.
[1:38:39]
Be it resolved that the official plan
amendment application OPA
[1:38:45]
-64
2666940
[1:38:50]
Ontario Inc. and 2665556
[1:38:54]
Ontario Inc.
be revised to
[1:38:58]
retain section C1.5.3.7
which prohibits the development of new
[1:39:04]
habitable buildings within the flood
plain and that any affected proposed
[1:39:09]
amendments be retained or revised
accordingly and that the proposed OPA be
[1:39:14]
adopted by the Township
and the record be forwarded to the
[1:39:18]
district municipality of Muskoka for
approval and that should committee
[1:39:23]
adopt proposed amendments to section
C1.5.3.7
[1:39:29]
permitting new development within the
flood plain that is scheduled to section
[1:39:33]
C1.5.4.3
C1.5.4.4
[1:39:38]
and C1.5.4.5
[1:39:42]
be added which demonstrates the specific
location and extent wherein buildings
[1:39:48]
structures are permitted within the
front yard setback and where the
[1:39:51]
required 15 m shoreline vegetative
buffer is per-
[1:39:55]
is permitted to be reduced.
So, this effectively deals with the
[1:40:00]
first item that we had on our agenda,
which is the flood plain.
[1:40:04]
So, I open it up to committee for
questions and discussions.
[1:40:18]
Media, are we ready to vote?
[1:40:23]
Yes.
[1:40:31]
» Just uh
I'm I'm trying to to understand the flow
[1:40:35]
of these things again if
that third paragraph Sorry, I'm just
[1:40:39]
going back to what Mr. Chinks was saying
earlier and I just want to make sure I
[1:40:42]
haven't lost any thread here. Are we
proposing amendments?
[1:40:45]
» Well, we have to decide.
>> So, this is the moment that you wanted
[1:40:50]
to
>> read through this, it's saying
[1:40:53]
the recommendation is to not accept the
flood plain.
[1:40:57]
But, should we do consider it, then we
will have some specific position some uh
[1:41:04]
schedule
that demonstrates the specific location
[1:41:08]
and extent of the buildings. So, we have
to decide which one it is.
[1:41:13]
Is that fair to say, Ms. Scouter?
>> Through you, Chair. Um
[1:41:18]
so, what's before you is the question of
whether um you are going to approve or
[1:41:25]
prohibit development within the flood
plain. Essentially, that question um
[1:41:29]
would need to be answered at this stage.
And if the decision was to permit
[1:41:33]
development with the within the flood
plain, then it would be that third
[1:41:36]
paragraph that we are um recommending be
implemented. But if you were
[1:41:42]
recommending development not be
permitted within the flood plain, it
[1:41:45]
would be those first two within the
resolution.
[1:41:48]
» Councilor Madison.
>> So, probably just needing a bit of
[1:41:51]
guidance here then because I think this
is the key point.
[1:41:55]
Which is if we don't actually agree at
this Like we actually have to make a
[1:41:59]
decision on this.
And so then
[1:42:04]
maybe some assistance if we were to
suggest that paragraph three is the
[1:42:08]
approach we
want to suggest. I just don't know
[1:42:11]
process-wise how to go about this. What
specific
[1:42:15]
amendments would we be including? I just
want to be sure I'm clear.
[1:42:19]
Uh
>> Mr. Crowder, guide us on how
[1:42:23]
you would like us to get make
recraft recraft this resolution.
[1:42:29]
» Through you, Chair. Um I think that
either way you decide whether to approve
[1:42:34]
or deny, the
the resolution should be amended to
[1:42:39]
reflect that. So, I think the first two
items here um so, staff's recommendation
[1:42:44]
was that the OPA be revised to retain
section the section that prohibits
[1:42:51]
development within the flood plain and
that the revised OPA be adopted by the
[1:42:55]
township and that record sent to the
district. However, should committee wish
[1:43:00]
to um adopt the proposed amendments to
section C1 um 537, which is development
[1:43:07]
within the flood plain, then we would
um
[1:43:11]
Essentially, we're looking for direction
on you at this point. But I see CAO Pink
[1:43:15]
wants to add some comments.
>> Councilor Madison then Councilor Burke.
[1:43:18]
» I think maybe CAO Pink could help guide
here first and
[1:43:21]
» CAO Pink.
>> We almost voted on something and didn't
[1:43:24]
have an answer.
No, thank you. Uh through you, maybe to
[1:43:28]
help uh with the process. This is a
little unusual and I apologize maybe for
[1:43:31]
missing it, but the resolution before
you, I would suggest not calling or
[1:43:35]
voting on that because it's it's two
separate things.
[1:43:38]
» Yes.
>> Um I think what it really forces is an
[1:43:41]
amendment to that resolution and to sort
of pick your path. So, I would suggest
[1:43:46]
to you perhaps the way if there's a
mover and a seconder to either support
[1:43:49]
development in a flood plain,
then it would consider the third
[1:43:52]
paragraph, and committee can vote on
that. Uh should a mover and seconder
[1:43:56]
want to advance not permitting
development in a flood plain, it would
[1:44:00]
advance the first two um
uh paragraphs in that, and I think that
[1:44:03]
might be the best way to sort of manage
this process and have a formal uh vote
[1:44:08]
uh on those two paths. But, the again,
the resolution before you has sort of
[1:44:12]
two options. If you passed it, I think
it would be a little confusing uh
[1:44:18]
» Uh Counselor Berry, then Counselor Kent.
>> Uh thank you and through you. Uh I think
[1:44:21]
I'm going to try and make a a point that
may help some of the the lay people
[1:44:27]
around all. When we're talking about
development in in the flood plain,
[1:44:32]
we're talking about redevelopment in the
flood plain. There's there's structure
[1:44:36]
already there here.
And what we're doing is remediating
[1:44:41]
what's there
and fixing it and taking 30,000 square
[1:44:46]
feet down to 18,000 square feet. So, I
mean, development to me sounds like it's
[1:44:51]
new. It's all brand new. We're coming
here and we're just putting in new.
[1:44:55]
Where in fact, this specific proposal is
talking about redevelopment of what's
[1:45:00]
already there
in a in a
[1:45:03]
much more uh holistic and and thoughtful
way.
[1:45:09]
» Counselor Kent.
>> I would be happy to uh
[1:45:14]
first or second uh second proposal,
which is to support
[1:45:19]
redevelopment in the flood plains. So,
if somebody wants to second it, I'd go
[1:45:24]
for that route.
[1:45:28]
» Uh Counselor sorry, counselor Mazen has
>> Put her hand up.
[1:45:31]
» Thank you. I I think the question the I
think
[1:45:34]
I think you had asked the question is
anybody willing to put forward a motion
[1:45:36]
which it's I think what counselor Kent
is also and I think we had been
[1:45:39]
discussing. I think that is the next
step so I'd be happy to
[1:45:44]
shape I don't know if staff have already
pulled something together to allow
[1:45:49]
redevelopment or development.
>> I want to give counselor Nishikawa
[1:45:53]
» Okay, but
>> Go ahead with the problem.
[1:45:55]
» on this. Okay. Oh, okay.
>> Counselor Nishikawa
[1:46:01]
» I I would like to request staff
whatever we're coming up with
[1:46:07]
to be able to put it up on the screen
and both have have a very clear vision
[1:46:13]
of what we're voting on.
>> Excellent idea. We had We had given that
[1:46:16]
some consideration.
Uh all right, so we have a mover
[1:46:21]
» Mover.
>> and a seconder.
[1:46:26]
» And so I want time.
[1:46:30]
» Oh, I'm sorry. Sorry. No, no, Sally
moved it.
[1:46:33]
And counselor Mazen seconded. Yes, I'm
sorry.
[1:46:37]
Got it. Thank you.
>> So we need strike so
[1:46:39]
» All right, let's take just a few minute
break.
[1:46:42]
» Hopefully.
>> We'll break for however long it takes.
[1:46:46]
No discussion, please.
Counselor Kent, no discussion.
[1:46:51]
» So are you going to
mandatorily or something? Are you able
[1:46:55]
to back it?
>> Or assistant
[1:46:57]
» This is my best friend over here.
>> Hm?
[1:47:00]
» He's writing it, my best friend.
>> This is not allowed.
[1:47:06]
» Oh.
>> I was trying to draw it.
[1:47:08]
» I can't read your handwriting.
[1:47:11]
» I think
[1:47:14]
He's writing.
[1:47:20]
» So
I guess
[1:47:28]
» Councilor Adams.
>> If I may, through you, just to confuse
[1:47:30]
the issue.
I I guess I
[1:47:33]
Councilor I I'm just trying to look at
>> I please?
[1:47:36]
» at this and understand the word
development
[1:47:40]
which you know, sort of denotes new and
redevelopment which means to essentially
[1:47:46]
» let's just hold this till we got a
resolution in front of us. It's a good
[1:47:49]
point, but let's just hold it.
>> Yeah, okay.
[1:47:54]
But it's all right.
[2:00:27]
» We like to be procedurally pure here.
So,
[2:00:32]
um, the first thing we are going to do
is table the resolution that we just
[2:00:36]
read
and leave it aside.
[2:00:39]
And then we will have a second
resolution that reflects what uh
[2:00:44]
counselor Kent and counselor Mazin have
have tabled.
[2:00:49]
So, the first one is
Uh and we're bringing them up on the
[2:00:53]
screen. I'm not going to bring this one
up on the screen because it just says
[2:00:55]
we're going to table it.
But, if we could bring the other one up
[2:00:59]
on the screen.
[2:01:01]
CEO Pink, I got that correctly.
All right.
[2:01:05]
Moved by Councillor Kent, seconded by
Councillor Mazin. Be it resolved that
[2:01:09]
the motion be tabled.
Any discussion?
[2:01:15]
All right. All those in favor?
All right.
[2:01:19]
The next one up as you can see on the
screen is moved by Councillor Kent,
[2:01:23]
seconded by Councillor Mazin. Be it
resolved that committee adopt proposed
[2:01:28]
amendments to section C 1.5.3.7
permitting development within the flood
[2:01:34]
plain.
[2:01:52]
So, there's there's the question.
Committee,
[2:01:56]
what debate do we have around this?
[2:02:03]
Councillor Zavitz.
>> Thank you through you to the earlier
[2:02:07]
point. Um pretty this uh
the difference in it interpretation
[2:02:11]
between the word development and
redevelopment. I see that we've used the
[2:02:16]
word development here and yet
previously was discussed that you know,
[2:02:21]
we just we're re-allowing the
redevelopment within a a space. And I
[2:02:26]
just wondered if I mean, is that a
a commonly held
[2:02:30]
um
belief or is this new development? I'm
[2:02:34]
clearly the
>> Ms. Crowder.
[2:02:36]
» Thank you through you, Chair, uh to
Councillor Zavitz.
[2:02:39]
So, the provincial planning statement
doesn't differentiate between the terms
[2:02:43]
development and redevelopment. It
doesn't actually use the term
[2:02:46]
redevelopment. It only has development.
Um so strictly from a planning
[2:02:50]
standpoint the terms could be
synonymous.
[2:02:54]
Um what I would say is just for the sake
of clarity, this is not just replacement
[2:02:59]
of existing buildings. This is
construction of new buildings in the
[2:03:04]
flood plain in new locations and extents
and sport courts and fill within the
[2:03:12]
flood plain. So
consideration of this resolution should
[2:03:16]
just make sure you have the whole
picture. We are talking about buildings,
[2:03:19]
structures, the amphitheater, sport
courts, and the fill within the flood
[2:03:23]
plain.
[2:03:27]
» Councillor Nishikawa and then Councillor
Roberts.
[2:03:31]
» Um
I'm I'm sure others have the same
[2:03:33]
concern, but I I feel that I should
present my concerns at this time.
[2:03:38]
Um
and I do have a district council
[2:03:44]
um hat on at the moment as well
knowing that we've looked at
[2:03:49]
um
other applications um
[2:03:53]
within the flood plain.
Um
[2:03:58]
I can't um
I can't vote for this today.
[2:04:02]
Um I'm very very concerned about the
precedent setting.
[2:04:06]
And I would love to see this redeveloped
if I wasn't concerned about some other
[2:04:11]
huge
two other very very large projects that
[2:04:16]
would
[2:04:18]
I feel like I'm creating a path for them
to
[2:04:22]
come and
be quite frankly very destructive.
[2:04:26]
I'm not saying that this particular
property is, but it it it just
[2:04:31]
so I can't vote for it today.
[2:04:36]
» Any any other
question to make? Oh, sorry. Councilor
[2:04:41]
uh
[2:04:45]
Councilor
Councilor Robertson and Councilor
[2:04:47]
Edwards.
>> Thank you.
[2:04:51]
I too may share what Councilor Nishikawa
said, but then I'm thinking about the
[2:04:56]
history of in the path we have followed
with this from day one.
[2:05:02]
I think about
some of the other applications
[2:05:06]
big applications we've had. Let's see,
particularly the one in Milford Bay
[2:05:11]
that the township ended up owning the
property.
[2:05:14]
Um I think about what we went through
with some
[2:05:19]
with Red Leaves.
And I think that
[2:05:22]
we have in front of us an opportunity to
say, "Yeah, that's There are There are
[2:05:26]
risks with this." Don't get me wrong,
but
[2:05:30]
we have a partner and I'm going to call
it a partner because this is how this
[2:05:33]
applicant has come across.
That
[2:05:38]
they have demonstrated us they're
willing to work with the township.
[2:05:43]
They have a vision to have
a world-class
[2:05:49]
resort that draws people in. And the key
part to that is there the the re- the
[2:05:55]
the rebuilding of or the reestablishment
of the the wetland and building on it.
[2:06:00]
And you just think about it. That was a
wetland at one time and then men
[2:06:04]
destroyed it.
You know, the our biggest invasive
[2:06:07]
species in the world went in and said,
"Hey, I want a golf or I want to do
[2:06:10]
this. I want to build a parking lot."
And at that time there was no thought to
[2:06:13]
it. And what we're doing is we're taking
it back
[2:06:17]
to to before
settlers.
[2:06:21]
And we're And then we're going to
respectfully build on it. So, I'm in
[2:06:27]
full support at this time knowing that
there are risks, but also knowing that
[2:06:31]
we can work those out. Now, the district
is another another
[2:06:37]
group that's going to they're the they
have to approve this mostly, but I think
[2:06:41]
again we the three groups the applicant,
the township, and the and the district
[2:06:47]
can work together
and iron out the issues. So, that's my
[2:06:51]
thoughts.
>> Councilor Edwards.
[2:06:55]
» Thank you. I was going to basically echo
that.
[2:06:59]
I could see if they were taking a
wetland and want to fill it and build.
[2:07:03]
But when they're enhancing it and that
and putting an island in and everything
[2:07:08]
else like that, I can support it. It is
unique. It's something different. I look
[2:07:13]
at the alternative what was there before
and I wasn't happy with that. So, I
[2:07:18]
think everybody has to be a little bit
unhappy and then everybody should be
[2:07:22]
satisfied. So, I will be supporting
this. Thank you.
[2:07:27]
» Councilor Kent.
>> I was just going to say that I thought
[2:07:30]
that
Miss Grogan Green's comments this
[2:07:33]
morning captured my thoughts really
really well and that
[2:07:38]
we've been at this I will haven't been
at this for 8 years cuz I've only been
[2:07:41]
on council for 3 and 1/2.
But
[2:07:46]
this is a very good applicant who's been
done a very professional job
[2:07:51]
of meeting and communicating with the
township and the planning staff.
[2:07:57]
I think that the product that comes out
is a environmentally
[2:08:01]
product. I think it's beautiful. Will
add to the community. And I think for me
[2:08:05]
the most surprising thing was in the
last meeting where we had the public
[2:08:08]
meeting. It was in
March.
[2:08:11]
Where we had tons of people here.
I expected
[2:08:16]
pushback from the community and what I
heard was
[2:08:19]
I did not hear one person who pushed
back on the Minett development. To me,
[2:08:25]
we're supposed to listen to the
constituents and the community. And I
[2:08:28]
realize there's building code and I
realize there's
[2:08:30]
provincial planning statements, but
the community is in full support of
[2:08:34]
getting this done as fast as possible.
And I think that we need to listen to
[2:08:38]
them. And the combination of Sherry's
comment I Sherry comment
[2:08:43]
Miss Green's comments and the community
feedback pushed me over the edge which
[2:08:48]
without any issue and I think it's
that's an important reminder. I think
[2:08:51]
it's a good a good builder
an honest
[2:08:56]
team of people working with the
community and I think that's the best
[2:08:59]
you're going to get. We should be very
thankful that that person is here.
[2:09:02]
Um anyway, that's my views. Thank you.
[2:09:07]
» Okay, any more
discussion comments?
[2:09:11]
Are we ready to vote?
All those in favor.
[2:09:16]
Any opposed?
Thank you. That carries.
[2:09:26]
All right. So, the next topic
[2:09:32]
And Miss Crowder, the development with
the adjacent wetlands is included in the
[2:09:37]
first resolution. Am I correct?
[2:09:44]
» For you, Jared. Just one moment, please.
[2:09:53]
So, the um item that was just voted on
is the development within the flood
[2:09:58]
plain. So, the next item would be
development within the wetland and
[2:10:01]
adjacent to the wetland.
>> And is that part of the requirement to
[2:10:05]
amend the OP or is that just the bylaw?
>> That is a requirement to amend the
[2:10:09]
official plan.
>> Okay.
[2:10:14]
So, we have a proposal
and we have some comments from our staff
[2:10:19]
on
the wetland.
[2:10:21]
The main issue I think is whether we are
to allow
[2:10:27]
depths up to 3 m. But there may be
others, Ms. Crowder, if you just maybe
[2:10:31]
tell us what the key top points are on
that topic.
[2:10:34]
» Through you, Chair. Um so, staff's
recommendation that now that we've dealt
[2:10:39]
with the flooding issue, so we're
setting that aside, um
[2:10:43]
staff's recommendation is that the
proposal to um
[2:10:47]
build within and adjacent to the wetland
could be consistent with the provincial
[2:10:51]
planning statement provided the
recommendations put forth by SLR be
[2:10:55]
implemented. And there were four main
recommendations. One has to do with the
[2:11:00]
depth of the wetland itself.
Another has to do with the riparian
[2:11:06]
restoration plan.
The third is
[2:11:10]
um
compensatory measures for critical fish
[2:11:13]
habitat. And the fourth is restricting
guest access to the new wetland area. Um
[2:11:21]
so, I believe we've heard concurrence
from
[2:11:25]
um the proponent. At least, you know,
there's some items that they think
[2:11:29]
have differing opinions on when it comes
to the environmental professional's
[2:11:33]
findings, which can be worked out
through the site plan control stage.
[2:11:37]
However, I think the main ask from them
today is to permit um depths for
[2:11:42]
dredging up to 3 m. Um staff's position
is that dredging should be restricted to
[2:11:49]
2 m or less um in accordance with the
peer review
[2:11:54]
um done by SLR. Uh the peer review
document speaks to the significant
[2:11:58]
difference in aquatic vegetation that
can survive in the different depth
[2:12:04]
measurements.
Um and a big part of their determination
[2:12:07]
that this could be consistent with PPS
is on that basis. So, ultimately the
[2:12:12]
question falls to committee on what uh
what water depth you would be
[2:12:16]
comfortable with.
>> Thank you very much. That was very
[2:12:19]
clear. Counselor Zavitz.
>> Thank you. It's for you too, I guess,
[2:12:22]
Mrs. Bustard, if I may.
Um
[2:12:25]
the uh
if I may, Chair.
[2:12:28]
» Yes.
>> Thank you. Um
[2:12:32]
this notion of 3 m
and that seems to be a hard stop for
[2:12:36]
you.
Um can you explain the difference in
[2:12:39]
your minds between 2 and 3 m in terms of
your uh goal, your mission
[2:12:46]
there?
[2:12:48]
» The Our goal there is to obviously
deliver the vision that we have shown
[2:12:52]
you in terms of creating a very robust,
diverse habitat within the wetlands. Um
[2:12:58]
I I think all those different components
that we've discussed, the riparian
[2:13:01]
restoration along the shoreline, the
expansion of the fish habitat, there's
[2:13:04]
naturalization of the channel, there's
uh introduction of new habitat for
[2:13:08]
turtles, there's bat boxes, there's a
very, very detailed and thorough
[2:13:12]
restoration and rehabilitation plan that
has been brought forward. Part of that
[2:13:16]
is uh requiring that there is some
deeper area, specifically on the central
[2:13:21]
uh around the island and opening to the
channel that would bring it down to
[2:13:24]
roughly 3 m. But as I said to you
earlier, the the bulk of the area will
[2:13:28]
probably be in that 2-m range. That is
going to have different kind of growth
[2:13:32]
and along the shoreline. Um but to have
that diversity in what we're trying to
[2:13:36]
achieve and to have that uh environment
uh obviously not grow back immediately
[2:13:41]
back into like a dense thicket like
you've seen before and obviously to
[2:13:44]
justify the very, very significant
investment. I mean, when I said earlier
[2:13:48]
2 to 3 million dollars here, the
totality of the investment on this
[2:13:51]
property is being north of 200 million
dollars. Um for us to do that, we have
[2:13:54]
to make sure that the wetland is
restored to the vision that we have and
[2:13:58]
we think it is very, very important and
our engineers and our environmental
[2:14:01]
engineers believe that is totally
justifiable. Um so what we're asking for
[2:14:05]
is your approval to proceed uh up to the
3 m. Uh but again, that won't be
[2:14:09]
universally 3 m across the totality of
the wetland.
[2:14:13]
» Councilor Zavitz.
>> Mayor, please. Thank you.
[2:14:15]
» Uh
again to you, Paul. Um
[2:14:18]
so, the 3 m isn't as I understand it
from your description recreational. It's
[2:14:25]
It's not recreational. It's
environmental.
[2:14:27]
» Yeah.
>> Okay.
[2:14:29]
» yes. But there There's going to be no
motorized vehicles or boats in this at
[2:14:32]
all. Uh there might be canoes um and and
all that, but no, it's been not being
[2:14:36]
driven. It's really from obviously
creating the the diversity of habitat
[2:14:40]
that we're trying to achieve in that
area.
[2:14:46]
» Councilor Mazin.
>> Uh thank you. Answer you. And again, I
[2:14:50]
think I'm just trying to get the process
in my mind. If we've just done step one,
[2:14:54]
the flood plain, step two is the
wetland, just confirming that the other
[2:14:59]
three
um items that were recommended by the
[2:15:04]
environmental study would be handled
through site plan. I think I heard that.
[2:15:08]
And then I want to come back to the
question I have on
[2:15:11]
the the depth.
>> Through you, Chair. Um so, the other
[2:15:16]
three items to Council Mazin, um
the riparian restoration plan would be
[2:15:21]
dealt with through site plan control.
The compensatory critical fish habitat
[2:15:26]
um would also be dealt with through site
plan control. We kind of see a need for
[2:15:31]
the
process between the environmental
[2:15:33]
consultants to continue because there
are still some disagreements between the
[2:15:37]
two sides. So, that does need to be
worked out. The fourth item, restricting
[2:15:42]
guest guest access, would be a provision
that we would want included in the site
[2:15:46]
plan agreement, but also the master
development agreement. I do wonder about
[2:15:53]
that item because we're kind of hearing
that part of the use is going to be
[2:15:57]
recreational of the wetland feature, and
this sort of says
[2:16:01]
that they will restrict that access.
So,
[2:16:05]
um
maybe the proponent can speak to that.
[2:16:08]
» Ms. Buster.
[2:16:13]
» Uh, what had been discussed with us
through the discussion points had been
[2:16:16]
restricting motorized vehicles and
motorized boats, excuse me, and we are
[2:16:20]
absolutely okay with that.
Um, obviously this is going to be in the
[2:16:23]
heart and soul of the development. It's
going to be one of the the main
[2:16:25]
locations stitching together the
village, the amphitheater, the tennis,
[2:16:29]
the cabins. So, yes, there will be some
human activity, but I think it's also an
[2:16:33]
opportunity. As I said before, one of
our aspirations that we have is
[2:16:36]
education. You know, children and
families accessing the wetlands,
[2:16:40]
learning about aquatic life, actually
experiencing it. There's amazing, um,
[2:16:45]
obviously wetland restoration programs
throughout the world. You know,
[2:16:47]
Brickworks in Toronto is an example
where it's it's an educational hub and
[2:16:51]
it's used so that people can actually
learn about the environment as opposed
[2:16:53]
to it being kind of a theoretical. That
is what we want it to be. So, if the
[2:16:57]
interpretation that staff has that
restricting use means that we do this
[2:17:01]
restoration, but nobody can go near it,
then we don't agree with that. But
[2:17:05]
absolutely we agree that this is not
going to be a place for motorized boats.
[2:17:09]
Um,
but I'm not sure where that distinction
[2:17:12]
is and and that's certainly not how we
read the SLR comments.
[2:17:15]
Um, but nonetheless, we we'll work on
the appropriate, obviously, measures to
[2:17:20]
ensure that the environment is protected
throughout the life of the project.
[2:17:25]
» Um, sorry, can I just say
>> Ms. Councillor Mast.
[2:17:27]
» Sorry, I just wanted to thank you very
much and through you. Um, coming back
[2:17:30]
then to this 2 m 3 m thing. Um,
seems to be the the piece and given it
[2:17:37]
seems like it's very, um, localized in
some cases. It's not this broad number.
[2:17:43]
I'm asking, how do we capture that
appropriately in whatever we prove to
[2:17:49]
help kind of move this one forward so
that instead of it having to be this
[2:17:54]
broad statement.
>> Ms. Buster.
[2:17:58]
» If I may, the, uh, in our letter that I
submitted to you, we proposed the
[2:18:02]
wording um
and I go go to here. In order to create
[2:18:07]
an open water wetland feature to a depth
of up to 3 m. And that would obviously
[2:18:11]
give uh a lot of leeway for us to have
those uh detailed discussions with staff
[2:18:15]
through the detailed design
um and obviously find the appropriate
[2:18:18]
measure. So, it's an acknowledgement
that it will kind of in some uh it'll go
[2:18:22]
up to that depth, but it's certainly is
not a universal. So, uh that's the
[2:18:25]
wording that we proposed and we thought
was a balanced approach.
[2:18:29]
» Councillor Saunders.
So, through you again um
[2:18:34]
not so much a question as a statement,
but I I think if you look and again is
[2:18:37]
it a a parable, I guess.
If you look at Blue Mountain Village and
[2:18:41]
there's a lake there. This isn't a lake.
This is a As I understand it, it's a
[2:18:45]
watercourse. It's part of
actually part of Lake Rousseau. So, it's
[2:18:50]
it's fed by
and it's it's part of as opposed to a a
[2:18:55]
free-standing lake. And in that lake in
at Blue Mountain, there's paddle boats
[2:18:59]
and there's paddle boards. People aren't
swimming, but they're recreating.
[2:19:04]
And I know for a fact that that is more
than 2 m
[2:19:07]
to 3 m deep. And I guess just just uh as
an analogy, there's there's the water
[2:19:11]
being used recreationally, but people
aren't swimming in it, but to the point
[2:19:15]
of this particular project um
there's a replenishment piece, I guess.
[2:19:21]
Is that through you? You know,
environmentally, is that not correct
[2:19:25]
that the water is being
um
[2:19:28]
infused with new water as flows and
everything goes. So, this is not
[2:19:32]
stagnant a stagnant lake. This is part
of Lake Rousseau.
[2:19:36]
I just wanted to that extent. Maybe it's
a question more than a statement. Can
[2:19:40]
you comment on that?
>> Through you, Chair. Um the water is
[2:19:44]
connected, the waterway. So, this um
does flow
[2:19:48]
um
as one with Lake Rousseau.
[2:19:51]
Um I would say the wetland does that
today. The water flows through one into
[2:19:55]
the other. And um this would continue
that process. Yes, um
[2:20:00]
Yeah.
[2:20:03]
» I think Counselor Kents Counselor
Edwards Counselor Robert.
[2:20:07]
» Counselor Kent.
>> Uh, thank you. Just a quick question on
[2:20:10]
that water. I was thinking as you were
all talking about
[2:20:16]
both the fact that it rises in the
spring and it goes down. I mean, my dock
[2:20:20]
on Lake Joe, for example, shifts by at
least a meter
[2:20:25]
between
you know,
[2:20:28]
July 1st and August 31st. And it's
already shifted almost that full meter
[2:20:33]
this season. If it shifts, do we have
any data that shows does that mean that
[2:20:37]
the 3 m is going to be now 1 and 1/2 and
the 1 m is going to be dry?
[2:20:42]
Or 2 m stuff is going to be dry? Do we
have any data on what happens to that
[2:20:47]
depth of depth of water in the
marshy area,
[2:20:51]
um, as the waters rise and fall in the
season?
[2:20:54]
» This cluster.
[2:20:57]
» Uh, the wetland has historically always
stayed uh,
[2:21:01]
it never goes dry even in different
things, but there is it can be very
[2:21:05]
shallow in some sections right now cuz
it's been obviously years of a lot of
[2:21:09]
sediment in there.
Um, something that you touched upon too,
[2:21:12]
there's improvements happening well
beyond just the restoration of the
[2:21:14]
wetlands. We're doing the naturalization
of the channel and the water that's
[2:21:17]
coming from the other side of Judd Haven
down through. So, we're improving the
[2:21:21]
flow of the water that's going to come
through. Obviously, the improvements to
[2:21:24]
the wastewater facility is going to be
changing the nutrient load that's going
[2:21:28]
into the wetland which is going to be a
net positive to the environment as well.
[2:21:31]
Um, and one of the reasons for the depth
as well is making sure that we are
[2:21:34]
continuing that flow through the wetland
into the lake so that the water doesn't
[2:21:38]
become stagnant which again will have a
domino effect of improving the aquatic
[2:21:41]
health in there. Uh, right now with the
there's it's overloaded quite with the
[2:21:45]
nutrient load and with the and with the
the thicket that a lot of it is being
[2:21:49]
stifled. A lot of the environmental
benefits in there are being stifled.
[2:21:52]
Um so it never goes dry. With our depth
there will be some fluctuation um
[2:21:56]
absolutely um but it has not
historically been a dry wetland.
[2:22:01]
» Councillor Edwards.
>> Yes uh is that too too too much of a
[2:22:06]
burden?
Uh
[2:22:09]
I can envision this being tapered. It's
not just going to go in and drop down.
[2:22:14]
So it it's going to be
>> Absolutely.
[2:22:16]
» approximately what percentage that you
would be using? Like
[2:22:21]
I've seen where where where they'll
they'll put a building envelope on it.
[2:22:24]
Could you maybe lay it out for staff
that this is what your your your plan
[2:22:28]
is?
>> In terms of the locations of the the
[2:22:31]
deepest portions?
Uh I don't want to make a number up
[2:22:35]
right now so I don't have it cuz the
detailed design has not been done but
[2:22:38]
you are correct there'll be varying
depths throughout the wetland and
[2:22:41]
that'll be detailed through the
restoration plan into the detailed
[2:22:44]
design. Um
>> Yeah I was going to say
[2:22:48]
» Uh can I ask our head of construction?
[2:22:53]
» So just echo what Paulo was saying as
well with the flow and to get the right
[2:22:56]
flows through the detailed design there
will be an analysis done of the channels
[2:23:00]
and where it actually implements the
best flow for the water moving through
[2:23:04]
it. So there will be deeper sections
which will inhabit and and accelerate
[2:23:07]
some of the flow and then the shallower
sections which won't which all ties back
[2:23:11]
to the environmental impact.
>> We'll just add the the aspirations to
[2:23:16]
obviously facilitate the different plant
growths within the wetlands are being
[2:23:20]
achieved um in different sections of the
wetland and that has been a big part of
[2:23:24]
our restoration plan and it's in the net
benefit as part as well. So it's not
[2:23:29]
I would just like to say it's not an
either or. You know permitting the
[2:23:32]
depths up to 3 m isn't negating the the
plant and aquatic life that's being
[2:23:36]
asked for by by the SLR and by staff.
We're asking for basically a combination
[2:23:41]
to obviously see the vision that we're
bringing forward. So uh we we think the
[2:23:44]
vision can be uh successfully
implemented with the ability to have
[2:23:48]
some leeway to go up to 3 m in some
locations.
[2:23:51]
» Thank you.
>> Thank you.
[2:23:52]
» Councillor Roberts.
[2:23:57]
» Thank you, Chair, and through to you
with a comment.
[2:24:00]
Um
the word recreation is not appropriate
[2:24:03]
in this case.
It's educational.
[2:24:06]
And it's experience.
And you're not going to have uh people I
[2:24:12]
I believe, correct me if I'm wrong,
we're not going to have people with
[2:24:15]
floaties or
out there trying to swim in the swamp.
[2:24:21]
Sorry for that word.
We're going to have something that I see
[2:24:25]
my
see my grandchildren.
[2:24:28]
You know, they're after like my my
8-year-old grandchild wants a a pair of
[2:24:32]
microscope.
So, she can look at the bugs and that
[2:24:36]
that are and I see that type of habitat.
So, I'm thinking that
[2:24:40]
that um
we could maybe put a a little definition
[2:24:46]
around
what recreation means within this area.
[2:24:51]
And what the
the the applicant or would would would
[2:24:57]
try to enforce or monitor, ensure that
it happens. They talk they talk about it
[2:25:01]
being educational. And I think it's a
great educational thing for the people
[2:25:05]
that have never seen this.
So, there's my comments.
[2:25:10]
» Councillor Zavitz and Councillor
>> Thank you, Chair, and you to again to
[2:25:14]
Paul. I guess in terms of the word
recreation, um
[2:25:18]
why do I envision this skating in the
winter months? Is that something that
[2:25:23]
you will do on here? Will that it will
freeze and become
[2:25:27]
I do see it being recreational to quite
honest, it's a centerpiece. Am I
[2:25:32]
wrong?
>> Uh we see it being obviously a
[2:25:35]
centerpiece of of I think education and
aesthetics and and functionality. I I've
[2:25:40]
never had a discussion about a skating
rink. I don't know if the flows if it
[2:25:43]
would freeze over. I'm happy to take
that back and if there was an
[2:25:46]
aspiration, we will absolutely look at
that.
[2:25:48]
Um but we I can honestly say we haven't
had that discussion yet. I will just add
[2:25:52]
one thing in terms of kind of debating
the depth. There's There's What we're
[2:25:57]
trying to do here is obviously create a
new
[2:26:00]
a new and improved situation that has a
diversity of aquatic life as I said and
[2:26:04]
plant life. The deeper dredging in some
locations actually facilitate the
[2:26:07]
ability for larger fish as well. So it's
a trade-off. You might have in some
[2:26:11]
locations not as much plant but you have
more fish habitat. So again, I don't
[2:26:15]
ever want this to be seen as an either
or. It's just a trade-off the type of
[2:26:18]
life that you're creating in there in
terms of the environment.
[2:26:21]
But we will absolutely take that back
and if there's an opportunity for winter
[2:26:25]
activations, we would certainly look at
that.
[2:26:31]
» Councillor McIntyre and then Councillor
Mazin.
[2:26:34]
» Okay. Um
this is close to my heart because
[2:26:40]
I really like and appreciate swamps.
Swamps are the most productive ecosystem
[2:26:46]
we have in our world because energy is
just constantly moving and constantly
[2:26:52]
creating.
What we're doing here is we're taking a
[2:26:56]
swamp and we're making it into a
wetland. And as long as we're clear that
[2:27:01]
that's what we're doing, okay.
But we are losing what we had as a swamp
[2:27:07]
and we're losing that ecosystem and
we're losing the energy that goes with
[2:27:10]
that ecosystem.
I really
[2:27:15]
appreciated um
the analysis that was done in the report
[2:27:20]
from SLR about the difference between a
swamp and a wetland and what we would
[2:27:25]
have to do if we're going to go ahead
with this, how how we would have to
[2:27:30]
amend the process so that we can retain
the aspects of the swamp.
[2:27:36]
» Councillor Mazin.
>> Okay, thank you. It turned
[2:27:40]
» You have one comment and then kind of a
question as to process just to get I
[2:27:44]
think the discussion focused again on
the one the three meter piece.
[2:27:49]
I'm just going back to
Ms. Crowder's report, page 11 of the
[2:27:54]
report where it talks about the four
pieces of or four recommendations that
[2:28:02]
came from the SR SLR
recommendations and the fourth one
[2:28:07]
specifically says, "Restrict guest
access to the new wetland area to ensure
[2:28:11]
disturbance to this area is minimized.
To this end, no motorized access should
[2:28:17]
be allowed and fishing activity in the
new wetland area needs to be strictly
[2:28:21]
controlled during all times of the
year." So, I think there's some already
[2:28:25]
some guided by
the environmental expert. They've
[2:28:29]
already
given some guidance as to what that
[2:28:32]
would look like and feel like. So, I'm
somewhat satisfied with that piece.
[2:28:37]
I think what I'd like to know is how do
we advance the discussion and get some
[2:28:41]
conclusion on the
the the
[2:28:45]
the number one piece, which is that
three meters. Do we need to have a
[2:28:49]
another motion put forward or is this an
amendment or how do we get
[2:28:54]
that to be the conversation?
Ms. Crowder.
[2:28:58]
» Through you, Chair, to Council Mazin.
So, the way that
[2:29:03]
the
report or or the recommendation the
[2:29:06]
resolution was read was to require the
implementation of SLR's recommendations,
[2:29:13]
which stipulates the two meter depth.
So, if this committee wishes to permit a
[2:29:18]
depth greater than two meters, we would
need a revised
[2:29:22]
resolution.
[2:29:26]
» CEO Pink.
>> Thank you. Just for clarity though, that
[2:29:30]
that is the zoning amendment resolution
that coming next. Right now, we're
[2:29:33]
still, I think, considering the official
plan amendment. That's the tabled
[2:29:37]
resolution to amend the official plan.
As we heard from both the, uh, delegate,
[2:29:41]
Miss Crowder,
um, these matters could be dealt with
[2:29:43]
through site plan and the holding
provision. Um, and that, uh, revision
[2:29:47]
could be considered when we consider the
next zoning amendment resolution.
[2:29:52]
» So, is it fair to say then that we don't
need a reser- resolution at this point?
[2:29:58]
» Not at this point. I think, again, if we
could provide, uh, clear direction to
[2:30:01]
staff, we can have the resolution
prepared if that's the, uh,
[2:30:04]
when we get to the resolution, at the
zoning amendment resolution.
[2:30:11]
» So, should we should hold We should hold
the vote until we get to the bylaw?
[2:30:17]
CAO Pink?
>> Yeah.
[2:30:20]
» Right.
[2:30:22]
Councillor Mazin?
>> Perhaps I'm getting confused, but now,
[2:30:27]
um, I understand, uh, what staff CAO
Pink was just walking us through, but
[2:30:31]
I'm just not not clear as to what our
next step needs to be as it relates to
[2:30:35]
the wetland on the OP then.
What
[2:30:37]
» Let me ask Miss Crowder a question. Of
the other items that we have on the list
[2:30:41]
that you sent me,
[2:30:45]
are they to be addressed
in the OP or in the bylaw?
[2:30:51]
» Through you, Chair. Um,
I'm also slightly confused, so I'm going
[2:30:55]
to defer to CAO Pink, but there are,
like, the the flood plain, the wetland
[2:31:00]
piece, and the front yard setback. Those
are all amendments to the official plan,
[2:31:04]
but it sounds like we have tabled the
official plan amendment piece, but I'm
[2:31:09]
going to defer to
>> CAO Pink, can you help us here?
[2:31:13]
» Sorry, I think I might have caused more
confusion than I apologize. It's perhaps
[2:31:16]
just the old planning principles that we
deal with official plan first, then
[2:31:20]
zoning. So, I was strictly speaking just
from a procedural process of the
[2:31:24]
resolutions before you. Right now, the
resolution that's been tabled is an
[2:31:27]
official plan amendment. As you heard
from Ms. Crowder and Ms. Bustard, uh the
[2:31:31]
change I think that's being requested uh
would be in the next resolution uh to
[2:31:35]
consider with respect to the zoning. So,
it'll be dealt with at the site plan
[2:31:37]
stage.
Uh again, um if committee could give us
[2:31:41]
some indication of whether uh
we're comfortable with the revised
[2:31:45]
wording that's been requested, then
staff can prepare the amended resolution
[2:31:49]
when it comes to that point in the
meeting.
[2:31:51]
So, I think that's really the decision
before you.
[2:31:53]
Um sorry to confuse it. Um
again, we can make the necessary changes
[2:31:58]
if we get an indication from committee.
>> Uh I think Does that Does that mean that
[2:32:04]
we should be moving on to the bylaw now?
[2:32:10]
» No.
[2:32:13]
No,
and again, sorry to confuse. I think
[2:32:15]
you're going through sort of six main
issues. I think we continue to work
[2:32:19]
through those, uh get indication on each
of those, and then staff will prepare
[2:32:22]
the resolutions as necessary depending
on what you decide on each.
[2:32:27]
» How do we do it without having a
resolution?
[2:32:31]
» We can do formal resolutions on each if
you if you wish. We can do that as well.
[2:32:35]
» So, we could have a formal resolution on
whether we accept uh up to 3 ft.
[2:32:40]
meters
[2:32:46]
» Through you, chair, if I may.
>> Yeah.
[2:32:49]
» I think I understand the the
recommendation to implement the
[2:32:52]
recommendations of SLR is as part of the
holding provision under the zoning
[2:32:58]
application. So, that is why Ms. CAO
Pink rightfully pointed out that we'll
[2:33:04]
deal with that amendment at that time.
But, what we are looking for from
[2:33:08]
committee right now is whether you are
supportive of amending the official plan
[2:33:13]
to permit development within and
adjacent to the flood plain, and then we
[2:33:17]
would deal or sorry, the wetland, and
then we'll deal with the depth amendment
[2:33:21]
at a later time, but it would be good if
you could give us an indication on your
[2:33:25]
supporter or not.
[2:33:28]
» So, that would mean Councilor Masson.
[2:33:35]
So, that I think
Can you suggest if we were in favor
[2:33:42]
of
3 m versus 2, what would the what would
[2:33:47]
the resolution be at this moment?
[2:33:51]
» Through you, Chair. The resolution at
this moment is whether to permit the
[2:33:55]
development in the flood in the wetland
or adjacent to the wetland
[2:34:00]
as a whole.
And then we would deal with the depth
[2:34:03]
through the zoning component of the
application. Or, if committee wanted to
[2:34:08]
be clear and deal with it all right now,
we could have a resolution drawn up that
[2:34:13]
states that
committee in endorse or not development
[2:34:18]
within and adjacent to the wetland
provided this be the depth.
[2:34:22]
» All right. I think that sounds very
good. Thank you. Councilor Masson.
[2:34:25]
» I would put forward the motion to
capture whatever
[2:34:29]
was just said there if somebody would
second. Well, that's what this is a
[2:34:33]
logical flow. We have to make that
decision.
[2:34:36]
» All right.
>> Thank you.
[2:34:38]
» All right. So, we will let the brain
trust write this up for us.
[2:34:44]
So, another give us another probably
minimum 5 minutes.
[2:44:05]
» Committee, if we could uh sit down.
[2:44:16]
I'm going to blame Robert's Rules of
Order for this.
[2:44:19]
Um
if the committee
[2:44:23]
so we're dealing with development in the
wetland. If the committee
[2:44:28]
is happy with allowing development in
the wetland
[2:44:32]
then we don't have to do anything
because that's what
[2:44:36]
the applicant has applied to do. If we
don't want to have development in the
[2:44:41]
wetland, then we need a resolution to
say so.
[2:44:46]
With respect to the 3 m, we will deal
with that in the bylaw.
[2:44:52]
All right? So So there So the debate
right now is anybody on committee want
[2:44:58]
to propose a resolution to not allow
development in the wetland.
[2:45:05]
Okay.
No, we don't need anything. There's no
[2:45:08]
resolution.
All right, so there's no
[2:45:12]
Right.
[2:45:17]
» Um
Uh
[2:45:20]
Ms. Crowder,
uh front yard setbacks and vegetative
[2:45:24]
buffer.
That also is part of the OP.
[2:45:30]
And I think it's the same sort of
position, I would think. If we
[2:45:37]
I'll let you explain it.
>> Through you, Chair. Yes, so the official
[2:45:41]
plan OPA 56 includes provisions that
speak to required front yard setbacks
[2:45:46]
and requirement for vegetative buffers.
So the applicant has applied to amend
[2:45:51]
those sections of the official plan.
Staff, flood plain issues aside, I'm
[2:45:57]
just put that caveat, are um
supportive of the proposed amendment
[2:46:02]
provided the um
provided a site-specific schedule is
[2:46:06]
added to the amendment that specifies
the exact extent location and extent of
[2:46:12]
buildings and structures that are within
that required setback, so it wouldn't be
[2:46:15]
a blanket permission for a zero-foot
setback. And also vegetative buffers
[2:46:20]
would only be permitted to be reduced in
specific extents and locations.
[2:46:24]
Um this is already written into staff's
recommendation. So if committee is on
[2:46:30]
board with that approach, we don't need
to do any kind of resolutions right now.
[2:46:34]
However, if committee disagrees and
would like to see something different,
[2:46:38]
then we would look to you to put a
motion on the on the floor.
[2:46:42]
Thank you very much. All right,
committee, was it was Did everybody
[2:46:45]
understand that?
Good. So, is there any desire
[2:46:51]
to have things other than what Ms.
Crowder has told us about having a
[2:46:56]
specific um uh attachment that says
where
[2:47:02]
where the setback can be minimized and
how much setback there can be.
[2:47:09]
All right.
[2:47:12]
So, I think
we've agreed with that. All right.
[2:47:18]
The next item is timing of construction
and sequencing of relative to the
[2:47:23]
wastewater treatment.
Ms. Crowder, walk us through that.
[2:47:28]
» Through you, Chair. Um this is more so
just a It's not an official plan
[2:47:33]
amendment, um but it is sort of a big
component of the proposal and an ask of
[2:47:38]
the applicant that the development of
the treatment plant be permitted to
[2:47:42]
occur concurrently with development of
buildings and structures. We have gone
[2:47:46]
over um the risks that are involved with
that and the precautionary measures that
[2:47:51]
are being taken in the form of the
conditions put into the resolution
[2:47:54]
before you. Um so, this is just sort of
an opportunity for committee to voice
[2:48:00]
their opinions on this matter, and if
anybody were to have concerns, um you
[2:48:04]
could propose um
any kind of amendments at this point.
[2:48:08]
» So, again, as as with the previous two,
if committee
[2:48:13]
wanted the treatment plant built ahead
of the development, we would have to
[2:48:17]
have a resolution
>> That's right.
[2:48:19]
» changing that. Otherwise, we leave it as
it is.
[2:48:21]
» That's right.
>> Mayor Kelly.
[2:48:24]
» Thank [clears throat] you, and through
you. I I um
[2:48:27]
just one quick comment first. You said
ahead of the development. I think it's
[2:48:31]
concurrent, isn't it, really?
>> No, what I was saying that is that if we
[2:48:34]
didn't
we didn't like them being concurrent and
[2:48:39]
wanted to go back to
uh the process where the has to be built
[2:48:43]
first, then we would need a resolution.
>> Okay.
[2:48:46]
» Fair enough.
>> Fair enough.
[2:48:47]
» Uh that's fine, yeah.
>> Okay.
[2:48:55]
All right, so I don't see any at
um appetite for a resolution.
[2:49:01]
The next item on our list is staff
housing, Ms. Crowder.
[2:49:06]
» Uh through you, Chair. So, staff housing
is a component that is listed within OPA
[2:49:11]
56 as being required um in the initial
phase of of development to support um
[2:49:19]
the
um employment opportunities that would
[2:49:22]
be um
produced from the wellness center and
[2:49:25]
the other restaurants and buildings that
are proposed. Um the applicant is
[2:49:31]
proposing that instead of staff housing
being built in the phase one lands that
[2:49:36]
they utilize the existing Cleveland's
House buildings and facilities to house
[2:49:41]
staff until such time as they um do
build specific staff housing buildings
[2:49:47]
as part of a future phase.
Um staff have recommended that within
[2:49:52]
the master development agreement, a
provision be included which um states
[2:49:56]
that the owner agrees and um
a well, agrees to develop staff housing
[2:50:02]
in future phase um plans.
And
[2:50:07]
they we've um discussed this with the
proponent and they have agreed to that.
[2:50:11]
So, um
the resolution as written before you
[2:50:14]
today includes all of that
recommendation. So, if you are all in
[2:50:18]
agreement, um you don't need to do
anything, but if anybody has any
[2:50:21]
concerns, you could raise those now.
[2:50:25]
» Committee?
[2:50:30]
Next item is the height of proposed
buildings.
[2:50:35]
» Through you, Chair. Um so, there within
OPA 56, it does stipulate um that height
[2:50:41]
of building should not exceed 16 m.
I think it's 16. Um, and however, that
[2:50:49]
there is some leeway for prominent um
buildings or structures
[2:50:54]
to create a sense of um
I don't remember the exact words. I
[2:50:58]
don't want to get it wrong.
>> [laughter]
[2:51:01]
» Um, but there are um four buildings and
structures proposed as part of the
[2:51:06]
development which do exceed that height.
Um, staff acknowledge that the official
[2:51:12]
plan amendment OPA 56 is largely
supportive of this. Um, there is one
[2:51:17]
building that we did just want to get
committee's um
[2:51:20]
temperature on is which is the viewing
tower. It is proposed to be 121 ft in
[2:51:27]
height. Um, and just for reference, uh
the typical mono pine that you see in
[2:51:32]
the community is 100 ft. So this is this
would be the most prominent building on
[2:51:37]
the lake. So we did just want to
um flag this for committee, and if you
[2:51:42]
do wish to see a reduction in that
height, now would be the time to
[2:51:47]
um
to let us know that.
[2:51:50]
» Scrader, can you
um
[2:51:53]
tell us what the the dimensions of it
are other than the height of
[2:51:58]
I think it was
[2:52:01]
So 15 by 15 ft roughly.
[2:52:07]
» And could we just find out
are there stairs inside to take that
[2:52:11]
walk?
>> Kent.
[2:52:13]
» Are there stairs inside?
[2:52:17]
» Obviously.
>> I mean, this is an architectural feature
[2:52:20]
as is I'm Manuela McLaughlin in terms of
creating the topography of the village.
[2:52:23]
Uh there will be some stairs inside.
Whether it's access to the general
[2:52:27]
public, I I don't know if that's been
determined. I will just say on the
[2:52:30]
height, please also remember the very,
very substantial grade differences
[2:52:34]
between us and the JW Marriott that sits
up on the hill. So, when you talk about
[2:52:38]
the height as being the highest on the
lake, you also have to consider the
[2:52:41]
established grade. It'll be dwarfed
compared to when you turn into the bay
[2:52:44]
and you see the JW Marriott up on the
hill. So, from a from an aesthetics
[2:52:48]
point of view, it's going to be quite
modest and and it's a very, very small
[2:52:51]
feature that's just going to add to the
architectural language of the village.
[2:52:55]
Thank you.
>> [laughter]
[2:52:58]
» All right, uh Counselor Kent.
>> I guess just to follow up, I was
[2:53:01]
wondering if if it isn't for
people to walk in and see the view,
[2:53:07]
what's the point of it?
[2:53:11]
» Uh thank you very much.
>> Mr.
[2:53:13]
» Uh if you look at the totality of the
renderings, I don't think we brought
[2:53:15]
them back up. You can just see it. See
the architectural language up there of
[2:53:18]
creating some visual points. Obviously,
one of the starting points when uh our
[2:53:22]
architect Neil uh McLaughlin was looking
at it was that view. I know when I sat
[2:53:26]
on the steering committee, we talked
about the view from the canoe. So, the
[2:53:28]
uh the intent for the cabins was really
to nestle them in the into the trees.
[2:53:33]
They really disappear. And then you have
that one moment when you turn into the
[2:53:36]
bay and you see the village and a lot of
natural materials. And obviously, Abby's
[2:53:40]
Bakery that sits there now, we want to
replace the uh the steeple. And so, we
[2:53:44]
saw the steeple, the chimney, and the
tower feature just creating these three
[2:53:47]
vertical elements that kind of create uh
articulation uh on that view corridor
[2:53:52]
with obviously the sloped roofs and the
natural materials there. So, it's an
[2:53:56]
it's a decision from an architectural
point of view. Um and we think that it
[2:54:00]
adds to kind of the uh creating a
placemaking. Thank you.
[2:54:08]
» Committee, any other questions?
[2:54:14]
Um it's kind of remind me if we are
happy with the
[2:54:18]
151 ft we
>> Through you, Chair. Um 121 ft.
[2:54:24]
» Sorry, 121, yeah.
>> Um so, if committee is okay with that
[2:54:29]
number,
um, then we don't need to do anything.
[2:54:33]
If committee wanted to change that
number, that would be an item to deal
[2:54:37]
with at the zoning bylaw stage of of
things.
[2:54:42]
» We could leave that or we can get a
general sense, um, here.
[2:54:46]
Would anybody be wanting to make a
amendment to not allow 121 feet?
[2:54:53]
Counselor Zavitz.
>> If I might just a question picking up on
[2:54:56]
the mono pine comment. Is that is a mono
pine 100 feet self-induced? I mean, is
[2:55:02]
that the height of the mechanical piece
of this whole thing or is that a height
[2:55:06]
that has been decided by us that that's
where
[2:55:10]
we won't see or is that a tree line? So,
I'm I'm just interested in the
[2:55:14]
juxtaposition of that.
>> Ms. Crowder.
[2:55:18]
» Through you chair.
Mono pines, they typically build them in
[2:55:25]
two or three specific heights and it's
because they provide different functions
[2:55:29]
at those different heights. In Muskoka
Lakes, we've typically seen 100 feet one
[2:55:35]
ones. They do go higher, but the ones
that we have seen come forward are
[2:55:38]
typically that 100 feet. It is above the
tree line. You can see them poking up.
[2:55:43]
» Okay.
[2:55:47]
Any other comments?
[2:55:50]
All right.
The last one on our list is the parking.
[2:55:58]
Ms. Crowder.
>> Through you chair.
[2:56:02]
So, the proposal before committee,
when compared to our zoning bylaw
[2:56:08]
requirements for parking, the proposed
parking supply is deficient
[2:56:13]
um
by a significant amount.
[2:56:17]
The
traffic impact assessment originally
[2:56:21]
contemplated all just under 400 spaces.
However, at as things progressed, the
[2:56:28]
design changed to provide 171 spaces
on-site,
[2:56:34]
um which the traffic engineer still says
is acceptable, um
[2:56:38]
keeping in mind that the peer review
process of that is still ongoing. But, I
[2:56:43]
think staff acknowledged that the
particular property owner owns many of
[2:56:48]
the surrounding lands. So, we're not
concerned with that parking supply not
[2:56:53]
being provided on the subject lands, so
long as parking is provided as this
[2:56:59]
develops.
Um so, we are recommending that a
[2:57:02]
provision be included within the master
development agreement that they owner
[2:57:06]
agrees to provide that parking as
development progresses. Um so, if
[2:57:13]
committee is comfortable with that
approach,
[2:57:15]
um we don't need to do anything right
now, but if committee is concerned, then
[2:57:21]
you know, let us know.
>> Chair Kelly.
[2:57:23]
Thank you and through you. Just uh for
clarification, uh Ms. Crowder, on that
[2:57:27]
last one, the parking that that is
provided that's not on the subject lands
[2:57:32]
has to be on land
co-owned or or owned by the same
[2:57:36]
uh owner? And you can't you can't rent
land? I There's a reason I'm asking this
[2:57:41]
question, and it's not here
[clears throat] now, but it will be. Ms.
[2:57:44]
Crowder.
>> Yeah.
[2:57:45]
Through you, Chair. Um yes, it would
need to be owned by the proponent um to
[2:57:51]
be attributed to this situation, and
there is a provision in the zoning bylaw
[2:57:55]
that stipulates that the lands have to
be within a certain distance of of the
[2:58:00]
property.
Um so, that would be an expectation as
[2:58:03]
well.
[2:58:06]
» Right, Committee.
Uh Councillor Berry.
[2:58:09]
» Uh thank you and through you. I'm just
going to make a a comment to the
[2:58:12]
planners because this is not like
everywhere else. Um there's a huge
[2:58:17]
proportion of the
the the uh habitants
[2:58:23]
um, of of the the uh the township that
would likely come if they're day
[2:58:29]
tripping to the community come by boat.
Um, and they're not parking their car,
[2:58:35]
they're going to park their boat. So,
I'm I'm just want to make sure that the
[2:58:40]
the planners have thought about this is
a little different
[2:58:43]
um, and it it's it's not going to have
the same kinds of requirements. There
[2:58:48]
are many people that come for the you
know, that are here seasonally
[2:58:53]
um, that avoid their car at all costs.
Hop in a boat to go anywhere. And so, I
[2:58:59]
think we need to make sure that that's
that's taken into account especially for
[2:59:02]
the the the village where we're we're
apt to see some fairly, you know, local
[2:59:06]
traffic.
>> Ms. Crowder.
[2:59:09]
» Sorry, through you chair, I might to
counselor Berry. Yes, that is definitely
[2:59:14]
um, a consideration that we have and the
zoning bylaw actually allows us to
[2:59:20]
account for boat parking from the
required parking calculations. In this
[2:59:25]
case, the number of boat slips is not
solidly known at this point because the
[2:59:32]
detailed design hasn't been carried out.
So, the exact number that can be
[2:59:36]
accounted for isn't um, isn't known at
this time. However, as those details
[2:59:42]
come out, if we'll have a greater sense
for how many spaces are being provided
[2:59:46]
on the water versus how many on land and
um,
[2:59:50]
we can proceed from that point.
>> Counselor Roberts.
[2:59:55]
I recall the
the rights that were given a few years
[2:59:59]
ago to the bay that that parking slips
were significant.
[3:00:05]
And I am I'm guessing that they're going
to be much less than that of right.
[3:00:11]
Ms. Crowder.
>> Through you chair, uh to counselor
[3:00:14]
Berry.
>> So, there is a site-specific bylaw on
[3:00:17]
the lands that permits a certain length
and width of dock.
[3:00:22]
It doesn't have a specific boat slip
number in it, but it does have that
[3:00:27]
length and width, which, you know, when
you do the math, you can get an idea of
[3:00:30]
how many slips can be incorporated into
there. So, when staff bring the bylaw
[3:00:37]
forward to
committee or council for consideration,
[3:00:42]
that's when you will see those details
of length, width,
[3:00:47]
shoreline structure permissions. And if
I may just speak to Ms. Bustard's
[3:00:53]
comment earlier about
concern for when the bylaw would come
[3:00:57]
forward, it is staff's intention to
bring the bylaw forward as soon as
[3:01:01]
possible following this meeting. It's
not our intent to bring it 6 months
[3:01:05]
later, so yeah.
[3:01:09]
» Councillor Edwards.
>> Concerning the the boat dockage,
[3:01:16]
I think there was a guarantee that
islanders that are using it for island
[3:01:21]
access were were guaranteed to
keep their spots. Is that right?
[3:01:25]
» Ms. Bustard.
[3:01:29]
» Thank you very much. Yes, we have
continued to provide spaces and rent to
[3:01:34]
the islanders, and we will continue to
do so.
[3:01:37]
And I believe Ms. Craddock can correct
to me, but some of those arrangements
[3:01:40]
will be stipulated through the master
development agreement. May I add
[3:01:44]
something on the parking?
The one thing that I'm just a little bit
[3:01:47]
confused with this motion is we did put
forward a site-specific zoning bylaw
[3:01:51]
that obviously was proposing a reduced
parking rate. So, one thing I'd like
[3:01:55]
just to clarify, your your bylaw does
not take into consideration a lot of the
[3:01:59]
shared ratios that other jurisdictions
do. And I think you're speaking to it. A
[3:02:03]
lot of people who are going to be
parking on this site are going to be
[3:02:05]
using a multitude of the facilities.
Someone renting a cabin will then walk
[3:02:09]
to the village and walk to the wellness
center. Someone will take their boat and
[3:02:12]
go there and use the trails. Uh so, we
had proposed to reduce parking supply.
[3:02:16]
Ms. Crowder is correct that the the
first submission was in the range of 360
[3:02:20]
spaces. Uh the reason it got reduced to
171
[3:02:23]
uh predominantly was tree preservation.
We went back after our first submission
[3:02:27]
and really looked at how we can maintain
more trees throughout the site and be a
[3:02:30]
bit more selective on where we were
actually paving. Um and then we went
[3:02:35]
back to our traffic consultant BA Group
and they did a robust analysis and said
[3:02:39]
this is actually justified at the 171
with all the shared trips. So, we've put
[3:02:43]
that forward and we're proposing to
enshrine that in policy
[3:02:47]
um understanding that there will be
further discussions through the master
[3:02:50]
development agreement and site plan. The
only thing I'm asking for clarification
[3:02:53]
on is I don't want to be in a situation
where something gets passed today that
[3:02:57]
requires us to build the amount of
parking as per your bylaw and we're just
[3:03:02]
basically utilizing more paving when we
could be obviously having open space and
[3:03:05]
tree preservation if it's not needed.
So, understand that this might be a
[3:03:09]
future discussion point, but I want to
make sure there's leeway for that. Thank
[3:03:12]
you.
>> Ms. Crowder, can you comment on that?
[3:03:16]
» Yes, through you, Chair. I'm just
getting to that section of my report.
[3:03:19]
Just one moment.
[3:03:25]
Thank you. Um yes, so
acknowledging the request to um permit
[3:03:32]
a reduction in parking spaces, staff um
are recommending that that component be
[3:03:37]
approved provided a clause is
incorporated into the master development
[3:03:41]
agreement, which states that the parking
will be compensated for on the
[3:03:46]
surrounding lands in some capacity. So,
it doesn't stipulate that every single
[3:03:51]
space must be accounted for, but I think
the hope and expectation is that on the
[3:03:56]
surrounding lands if at as this
progresses, we realize there is a need
[3:04:00]
for parking, that the proponent would
agree to provide for that parking on
[3:04:05]
their surrounding lands.
>> And does it does it require that it has
[3:04:08]
to meet our bylaw or we needs to do
studies to figure out what is the
[3:04:13]
appropriate level?
>> Through you, Chair. So, the way it's
[3:04:16]
written, my understanding is that it
would not need to meet the requirements
[3:04:20]
of our bylaw. It's more so as we move
through the site plan control stage and
[3:04:25]
see how things are developing out, if
there is a deficiency in parking and
[3:04:29]
it's proving to be a problem, then the
owner agrees through that master
[3:04:32]
development agreement that they will
look at providing parking on the
[3:04:35]
abutting lands.
>> Ms. Busker, is that the clarification
[3:04:39]
you were looking for?
>> Uh yes, that's okay with us. Thank you.
[3:04:42]
» Thank you.
[3:04:46]
And so, just to summarize,
if we agree with
[3:04:51]
if we don't have any changes to what's
been said about parking, we don't have
[3:04:54]
to do anything at the moment. All right.
>> That's right. Thank you.
[3:05:01]
» Scarlett, let's come to the end of our
list.
[3:05:05]
I think it's time to come back to the
original resolution.
[3:05:11]
And
Deputy Clerk, could you tell us
[3:05:14]
just walk us through that process?
I think I know it, but
[3:05:19]
let you do it.
>> Thank you, uh
[3:05:22]
Chair Bosma.
[3:05:25]
I I'm happy to screen share and uh any
in particular the second resolution. The
[3:05:30]
first resolution is basically a motion
to bring the
[3:05:34]
the motion we originally tabled to
remove that from the table, so it can
[3:05:38]
now be presented onto the floor. And
then from there, there will be a
[3:05:43]
resolution which I will screen share
that will substitute the original main
[3:05:46]
motion with the second one.
So, just give me a moment and with any
[3:05:50]
luck, I'm printing and will be ready to
go.
[3:05:59]
So,
>> We were told nobody.
[3:06:21]
» This is the first one.
>> Yeah. Thank you.
[3:06:24]
» And I'm going to read it, right?
>> Yes, please.
[3:06:27]
» All right. So, the first one is quite
simple and we're not going to put it on
[3:06:30]
this on the screen.
>> No, in my opinion, it's not necessary.
[3:06:34]
» I agree, too.
Yeah. Uh moved by Councillor Bury,
[3:06:37]
seconded by Councillor Edwards. Be it
resolved that the motion regarding
[3:06:41]
official plan amendment application
OPA-64
[3:06:46]
it be taken from the table.
Any debate?
[3:06:51]
Those in favor?
Thank you.
[3:06:53]
Next one we are going to put it up on
the screen.
[3:07:03]
All right, can we zoom in a little so
people can see it?
[3:07:05]
» Thank you.
>> All right.
[3:07:07]
Um moved by Councillor Mazin, seconded
by Councillor Zavitz.
[3:07:11]
Be it resolved that the main motion
regarding official plan amendment
[3:07:15]
application
[3:07:18]
number or the com- number of companies,
two
[3:07:21]
6666940
Ontario Inc. land and 266
[3:07:26]
5556
Ontario Inc. be substituted with the
[3:07:31]
following. Be it resolved that the
official plan application amendment,
[3:07:35]
those company numbers,
be revised to include a schedule to
[3:07:40]
sections C1.5.4.3,
C1.5.4.4,
[3:07:46]
and C1.5
[3:07:49]
.4.5, which demonstrates the specific
location and extent where building
[3:07:54]
struct- building {slash} structures are
permitted within the front yard setback,
[3:07:59]
and where we where the required 15 m
shoreline vegetative buffer is permitted
[3:08:03]
to be reduced, and that the revised OPA
be adopted by the township, and the
[3:08:10]
record be forwarded to the District
Municipality of Muskoka for approval.
[3:08:17]
» Ms. Gradauer, could you just walk us
through what that middle paragraph just
[3:08:21]
meant? Just to be sure that everybody
understands.
[3:08:24]
» Absolutely, through you, Chair. Um so,
that middle paragraph there essentially
[3:08:29]
states that um we you would be approving
the amendment, um and that schedules
[3:08:36]
would be attached to that amendment,
which specify the exact location and
[3:08:40]
extent where development within the
flood plain and adjacent Sorry,
[3:08:45]
development within the wetland and
adjacent to the wetland would be
[3:08:49]
permitted, um the proposed front yard
setbacks, and the proposed vegetative
[3:08:55]
buffer. So, these would be site-specific
um schedules attached to the amendment
[3:09:00]
that would specify those locations and
extents, rather than permitting blanket
[3:09:04]
permissions across the whole lands.
[3:09:08]
» Committee,
is there any misunderstanding there?
[3:09:12]
Do we have any debate on that? Any
further debate, I should say.
[3:09:17]
Seeing none, I call the question. All
those
[3:09:20]
» in favor.
[3:09:23]
» Any opposed?
[3:09:26]
That carries.
[3:09:30]
And I think it's safe to say we're done
with the official plan.
[3:09:34]
We will take a break for lunch, and
we'll be back at 1:00 and discuss the
[3:09:38]
bylaw.
[3:09:47]
It's pretty short and sweet.
Do you want to do the bylaw now?
[3:09:50]
» David
>> Well
[3:09:52]
» I'm sorry.
>> Go.
[3:09:53]
» No, no. I think you can have lunch.
>> Yeah, okay. That's good.
[3:09:56]
» So, why would we do this?
>> I knew we were too.
[3:10:00]
» I I don't know. I just thought
It's fine.
[3:10:34]
» Just like to remind everybody we should
not be discussing this.
[3:10:37]
» Okay.
[3:10:41]
» I understand it.
[3:15:34]
» Mhm.
[3:44:19]
» Mhm.
[3:59:39]
» Mhm.
[4:02:32]
» Back to order at 1:00.
[4:02:37]
Committee.
The next on the agenda is to go through
[4:02:41]
the bylaw
related to this application.
[4:02:47]
Um it is a two-page bylaw, but it covers
a lot and I think it's worth reading
[4:02:53]
rather than assuming everybody has read
it in detail. And it covers
[4:02:58]
a number of the things that we've
already covered.
[4:03:01]
After that, I will ask Emily just to
have a
[4:03:04]
real brief run through of it what it
means to from a staff point of view and
[4:03:09]
and its relationship or or their
discussions with the applicant. Then
[4:03:15]
we'll open it up for discussion.
[4:03:18]
It's long, but pay attention.
Um
[4:03:24]
can we put it up on the screen?
We will work on that while I'm reading
[4:03:27]
it.
>> Third and fourth piece of the
[4:03:28]
resolution.
[4:03:32]
» Moved by Mayor Kelly, seconded by
Councillor Zavitz, be it resolved that
[4:03:35]
zoning by-law application amendment ZBA
22/23
[4:03:41]
to company names be approved in part
subject to the approval of OPA 64,
[4:03:47]
approval of the submitted amendment to
the District Official the District
[4:03:50]
Muskoka Official Plan and subject to the
following.
[4:03:54]
The draft zoning by-law amendment be
submitted by the applicant not
[4:03:59]
Sorry, let me start that again. That the
draft
[4:04:03]
zoning by-law amendment submitted by the
applicant not be adopted and that staff
[4:04:09]
be directed to prepare an implementing
zoning by-law amendment for
[4:04:13]
considerations at a future council
meeting that incorporates the holding
[4:04:17]
provisions, {comma} floodplain related
and other applicable recommendations
[4:04:22]
contained in
plan uh report plan 2026-092
[4:04:28]
as modified by any direction of the
planning committee.
[4:04:33]
That a holding H provision
be placed on the subject lands for the
[4:04:37]
following.
That A developers group agreements
[4:04:43]
is/are entered into wherein one or more
proponents within the full service area
[4:04:49]
shown on
schedule on a schedule to the by-law
[4:04:53]
contribute equitably towards the
provisions
[4:04:56]
of the municipal sewage services and
municipal water services to the
[4:05:01]
satisfaction of the District
Municipality of Muskoka and the Township
[4:05:05]
of Muskoka Lakes.
That a satisfactory master development
[4:05:09]
agreement in accordance with section C-
C1.7.2-
[4:05:18]
Got two Yeah, sorry, I'm not quite sure.
Is that ongoing number?
[4:05:24]
» I don't think so.
>> C- C1.7.2-
[4:05:28]
C
>> Okay, all right.
[4:05:30]
With section C 1.7.2-C
[4:05:34]
1.7.7
of OPA 56 and matters detailed within
[4:05:40]
the staff report plan 2026-092
be entered into between between the
[4:05:45]
Township of Muskoka Lakes
just and
[4:05:49]
Sorry, I'm having a
hard time this afternoon. The District
[4:05:53]
Municipality of Muskoka and the owner
company two company numbers.
[4:05:58]
Issuance of required provincial
environmental compliance approvals for
[4:06:02]
all water treatment, water distribution,
waste water treatment and waste water
[4:06:07]
collection infrastructure by the
Ministry of the Environment,
[4:06:11]
Conservation and Parks for the
construction
[4:06:14]
of the required municipal water and
sanitary sewage sewer infrastructure for
[4:06:18]
the Minett
special policy area.
[4:06:23]
An agreement with the District
Municipality of Muskoka has been entered
[4:06:27]
into and registered on that title
pertaining to the design and
[4:06:30]
construction for the municipal water and
sanitary sewer infrastructure required
[4:06:35]
to support the development including but
not limited to the following:
[4:06:39]
the provincial the provision of
financial securities,
[4:06:44]
the requirement of the developer
to obtain at their sole expense all
[4:06:48]
required provincial approvals including
but not limited to the following:
[4:06:53]
municipal drinking water works permit,
municipal drinking water license and a
[4:06:58]
permit to take Wait.
to take water for all water treatment,
[4:07:03]
water distribution, waste water
treatment and waste water collection
[4:07:07]
infrastructure by the Ministry of the
Environment, Conservation and Parks for
[4:07:11]
the operation of the required municipal
water and sanitary sewer infrastructure
[4:07:15]
structure for the Minett special policy
area before start of operation or
[4:07:20]
results through
connection permits
[4:07:24]
to connect to municipal water and
sanitary sewer infrastructure are made.
[4:07:29]
That's a really long sentence.
The requirement for the developer to
[4:07:33]
ensure that any rental agreements made
and or any lease or rental agreements to
[4:07:38]
include terms identifying the occupancy
will be contingent upon the fall
[4:07:44]
following the developer obtaining the
required provincial approvals,
[4:07:47]
construction of the necessary water and
sanitary sewer infrastructure, and
[4:07:52]
the requirement for the developer to
obtain the necessary connection permits
[4:07:57]
for the dis-
district municipality of Muskoka prior
[4:08:00]
to connection to the municipal water and
sanitary sewer infrastructure.
[4:08:04]
The submission of a wetland compensation
and net benefit and enhancement report
[4:08:09]
response memo to address the comments of
the peer review prepared by SLR
[4:08:14]
Consulting Limited dated June 17th, 2026
to the satisfaction of the Township of
[4:08:19]
Muskoka Lakes and the District
Municipality of Muskoka.
[4:08:23]
The subject's land be required to obtain
site plan approval and that a sat-
[4:08:27]
satisfactory site plan agreement be
entered into the
[4:08:31]
into and registered on title along with
securities for matters including but not
[4:08:35]
limited to implementation of the
recommendations made
[4:08:39]
within the EIS and peer review responses
prepared by Azimuth Environmental
[4:08:44]
Consulting Inc.
wetland compensation and net benefit and
[4:08:48]
enhancement report prepared
Oh, I'm sorry. Just read that. Uh uh
[4:08:53]
uh
[4:08:56]
Sorry, guys.
Wetland compensation and net benefit and
[4:09:00]
enhancement report prepared by Azimuth
Environmental Consulting and associated
[4:09:04]
peer reviews prepared by SLR Consulting
pertaining to the protection,
[4:09:09]
compensation, and net benefit of
significant natural features on and
[4:09:12]
adjacent to the subject lands and other
matters as detailed in staff report plan
[4:09:17]
2026-092
and OPA 56. And finally,
[4:09:22]
the submission of an identified traffic
impact brief or stamped letter from
[4:09:27]
a professional engineer which confirms
that the opposed 0 m setback from
[4:09:33]
Juddhaven Road bracket District Road 28
will not represent will not present any
[4:09:39]
operation or functional concerns from a
transportation per
[4:09:42]
perspective. And confirms that the
existing right-of-way along Juddhaven
[4:09:47]
Road is 26 m in width consistent with
the requirements of the District of
[4:09:52]
Muskoka.
Ms. Crowder,
[4:09:56]
could you net that out for us?
[4:10:00]
But seriously, too, you know, what what
what is before us and and where are we
[4:10:04]
agreement and what are the actual
decisions are before us?
[4:10:09]
» Through you, Chair. Um yes, so lengthy
um resolution, but essentially this
[4:10:15]
incorporates um that
staff bring forward a bylaw for
[4:10:22]
council's consideration um that will be
drafted by staff over the next few
[4:10:27]
weeks. I would like to bring it forward
to the special council meeting in July
[4:10:32]
um if all works out that way, that would
be wonderful. And you would have that
[4:10:37]
bylaw for your review and consideration.
Um and then ultimately would be making a
[4:10:43]
decision on that bylaw at that council
meeting. So, that's the first component
[4:10:48]
of that resolution.
And the bylaw would be drafted um to
[4:10:53]
reflect the decisions made here today as
it pertains to the floodplain, the
[4:10:57]
wetland, and other matters that we've
discussed.
[4:11:00]
And the second part of this bylaw or
this sorry, this resolution is the
[4:11:04]
incorporation of holding provisions. Um
and what would be included within those
[4:11:09]
holding, um, provisions. So, we have the
developers group agreement and the
[4:11:13]
master development agreement, both of
which are laid out in the, um, OPA 56.
[4:11:18]
And, uh, the master development
agreement is currently under works with
[4:11:22]
the proponent, um, in the draft stage.
Provincial approvals, the district's,
[4:11:27]
um, requirements have been incorporated
in here as it relates to the water and
[4:11:31]
waste water treatment plant.
Um, and then essentially that site plan
[4:11:37]
approval be, um,
that that process be implemented and the
[4:11:43]
consultants continue working together,
the environmental consultants,
[4:11:47]
um, and that essentially the, the
measures set forth would be implemented
[4:11:52]
through the site plan control process.
Um,
[4:11:56]
and then there's also another district
condition about the traffic impact
[4:11:59]
brief. The items that have been
requested or that we have heard may want
[4:12:05]
to be amended would include, um, the
depth of dredging.
[4:12:10]
So, if that is a matter that, um, this
committee wishes to amend, cuz as of
[4:12:15]
right now,
um, the motion reads that the
[4:12:19]
recommendations put forth by SLR be
implemented. So, that would be the 2 m
[4:12:23]
depth. So, if that's something that
committee wants to change, um, there is
[4:12:27]
a resolution prepared to reflect that.
And the second is the traffic impact
[4:12:33]
brief, um, and the right of way along
Jud Haven Road.
[4:12:37]
The district and the proponent have
discussed this item and have agreed to
[4:12:42]
wording,
um, that has also been put in a
[4:12:45]
resolution for you. Um,
to discuss. So, that's sort of a summary
[4:12:51]
here. Um, we can also go through exactly
what the wording of the, those
[4:12:55]
amendments are should committee be
interested in doing so.
[4:12:58]
» And, um,
there wasn't a mention, I think, of uh,
[4:13:03]
the 26 m versus the 20 m. Is it
>> Through you
[4:13:07]
» need to correct for that as well?
>> Through you, Chair. So, that's the item
[4:13:11]
about the right of way with Judhaven
Road that I mentioned. So, it is in the
[4:13:15]
in the resolution there.
>> Ms. Bustard, um
[4:13:18]
do you have any
anything you'd like to say about
[4:13:23]
what we have in this resolution?
>> Uh thank you very much for the
[4:13:27]
opportunity. I I mean, we've talked at
length about it. Our our request just
[4:13:31]
remains that there would be the
opportunity to dredge up to 3 m
[4:13:34]
with the extent and and details being
defined through detailed design. And Ms.
[4:13:39]
Crowder just specified that Judhaven is
more just administrative. It just right
[4:13:43]
now says that the right of way is 26
when it's currently only 20. So, the
[4:13:47]
confirmation is that it can be widened
up to 26. So, it's more just a language
[4:13:51]
correction more than anything else.
>> That's very well.
[4:13:53]
» Thank you very much. But all other
conditions we're in full agreement with.
[4:13:56]
Thank you.
>> Thank you.
[4:13:58]
Councillor Adams.
>> Uh thank you and through you.
[4:14:01]
How do we table the motion of the
2 m to 3 m?
[4:14:06]
Thank you.
>> We have We have a draft.
[4:14:09]
» a mover and a seconder.
>> Well, we
[4:14:12]
» Yeah, are we
>> First of all, before we get to that
[4:14:15]
are there any questions?
>> Chair,
[4:14:19]
pardon me. Um I did see Curtis Zefritz
on the screen, manager of planning. So,
[4:14:23]
I don't know if he wanted to speak to
the district condition.
[4:14:27]
» Good afternoon, sir.
>> Good afternoon, Mr. Chair, uh through
[4:14:31]
you. No, I would just want to be
available should the committee have any
[4:14:34]
questions about any of the district
conditions. So, I just had my my video
[4:14:39]
camera on just to be available.
>> All right. Thank you very much.
[4:14:42]
» Thank you.
>> All right. So, where were we We were at
[4:14:46]
Does anybody have any questions?
All right. Now we can have the debate.
[4:14:50]
Is there any debate
other than we need a resolution passed?
[4:14:56]
Right?
We have a draft resolution.
[4:15:00]
» Yeah.
Technically, I should have a mover and a
[4:15:02]
seconder.
On that resolution, I preferably
[4:15:07]
» I think I saw this hand up and then that
hand. So,
[4:15:10]
um
moved by Councillor Mezen, seconded by
[4:15:13]
Councillor Zavitz.
[4:15:16]
» So, that's the wording now.
People will write on this.
[4:15:19]
» Pardon?
>> Sorry.
[4:15:20]
» That's wording. I'll give you the
correct wording to sign.
[4:15:57]
» Okay, committee, let me
let me read this
[4:16:00]
resolution.
[4:16:03]
Moved by Councillor Edwards, seconded by
[4:16:08]
Sorry.
[4:16:11]
» Okay.
[4:16:18]
» Be it resolved that
Sorry, moved by Councillor Mezen,
[4:16:22]
seconded by Councillor Zavitz.
Be it resolved that the resolution as
[4:16:25]
amended be amended as follows:
to add
[4:16:31]
in order
to create an open water and shallow
[4:16:35]
marsh wetland feature not exceeding 3 m
in depth
[4:16:39]
after the words wetland compensation and
net benefit and enhancement report
[4:16:44]
prepared by Azimuth Environmental
Consulting Inc. in the second last
[4:16:48]
bullet.
And that the words
[4:16:51]
quote, that existing right of way along
Juddhaven Road is 26 m in width,
[4:16:57]
consistent with the requirements of the
District of Muskoka official plan, end
[4:17:01]
quote, in the last bullet be replaced
with, quote, that the right of way is or
[4:17:08]
allows for the future expansion to 26 m
consistent with the requirements of the
[4:17:13]
District of Muskoka official plan.
[4:17:17]
That's the resolution. Do we have any
[4:17:22]
Any questions or debate?
Going to call the question. All those in
[4:17:26]
favor.
Okay. Carries. Any opposed?
[4:17:31]
Okay.
[4:17:42]
All right. We move on to the next item
agenda.
[4:17:45]
Agenda item.
Um first of all, thank you to staff on
[4:17:51]
this file.
Thank you for the applicants.
[4:17:55]
And uh
thank you to committee
[4:17:59]
for being such a obedient committee.
[4:18:05]
There we go.
A cooperative and understanding
[4:18:08]
committee. All right. So, the our next
item
[4:18:13]
Mayor Mayor Kelly.
Thank you very much. And uh I just want
[4:18:17]
to say one quick thing. This, you know,
it's a huge day
[4:18:21]
uh for us and I think it's a huge uh
vote of confidence in the future of our
[4:18:26]
township and particularly up in Minett.
Um I spoke earlier about uh stepping
[4:18:31]
back two or three paces and addressing
more than the very well-documented
[4:18:36]
planning issues. And I'm really, really
pleased with how this thing was dealt
[4:18:40]
with. There There was great questions,
great debate and discussion.
[4:18:45]
Um and so I couldn't be more proud.
I know there will be some negative
[4:18:49]
blowback on some of the issues. Some
people are going to disagree with us,
[4:18:53]
but I can tell you at the foundation of
every good decision is process, and
[4:18:58]
we've we I think executed well against a
really good process, good plan. So,
[4:19:03]
thank you all on behalf of the rest of
the constituents of this township.
[4:19:12]
» Actually, committee, we have
We have one more thing to do, and that
[4:19:16]
is we need to approve the main motion as
amended. Everybody All those in favor?
[4:19:23]
Thank you. All right.
[4:19:33]
All right, so
[4:19:39]
Without further ado, we move on to
the Bala Legion file.
[4:19:52]
» Okay, thank you, Chair Bosworth.
The next applications to be heard today
[4:19:57]
are concurrent zoning bylaw amendment
application ZBA 2226
[4:20:02]
and official plan amendment application
OPA 67 in the name of the Royal Canadian
[4:20:07]
Legion. The subject lands are known
municipally as 1011 Maple Avenue.
[4:20:12]
Next slide, please.
[4:20:16]
As committee may recall, these
applications were originally heard last
[4:20:19]
month on June 11th, where the
applications were deferred by planning
[4:20:23]
committee for staff to undertake a
review and analysis of submissions
[4:20:26]
received in response to the
applications.
[4:20:29]
As part of the deferral, a revised
proposal was requested, which
[4:20:33]
demonstrates a reduction in height and
density and provides a satisfactory
[4:20:37]
parking solution before approval can be
considered.
[4:20:40]
Next slide, please.
[4:20:43]
The amended proposal has removed a story
from the proposed multi-use building.
[4:20:48]
This results in a reduction in height
from 72.2 ft to 54 ft.
[4:20:53]
This change in height largely addresses
staff's concern as it relates to height,
[4:20:57]
noting that the existing site-specific
bylaw on the lands permits a building
[4:21:01]
height of 55 ft.
Next slide, please.
[4:21:06]
The amended proposal has reduced the
number of units from 128 to 106.
[4:21:12]
This changes the unit per hectare ratio
from 170 units per hectare to 137 units
[4:21:18]
per hectare.
Staff acknowledge that this is still a
[4:21:21]
significant numerical variation from the
existing policy, which permits 70 units
[4:21:26]
per gross hectare.
The remaining policies within the
[4:21:29]
official plan speak to the character of
the area. Considering that the parking,
[4:21:33]
lot coverage, height, and other
attributes are now supportable by staff,
[4:21:38]
staff are of the opinion that the number
of units within the building would not
[4:21:41]
change the character from a built form
perspective.
[4:21:45]
From an intensity of use perspective,
staff refer to the technical studies
[4:21:49]
which provide justification for the
development and are subject peer review
[4:21:52]
through the utilization of a holding
provision.
[4:21:56]
Staff do note, however, that the built
form of the site, meaning the building
[4:22:00]
plus the parking, will occupy most of
the subject lands, leaving minimal green
[4:22:04]
space or ability to revegetate.
Any available area will be required to
[4:22:09]
be revegetated through the site plan
control process.
[4:22:13]
Next slide, please.
The amended proposal increased the
[4:22:17]
amount of on-site parking from 56 spaces
to 121 spaces.
[4:22:22]
43 of these spaces will be underground,
and 78 will be at grade.
[4:22:27]
This is a significant improvement over
the previous iteration of the proposal,
[4:22:31]
which would provide for one space per
residential unit plus 15 spaces for
[4:22:36]
visitors, the Legion, medical clinic,
etc.
[4:22:39]
Staff acknowledge that there are
surrounding public parking areas, which
[4:22:43]
could aid in the need for parking during
the day.
[4:22:46]
However, staff remain of the opinion
that the parking justification report
[4:22:50]
leaves unresolved concerns.
These concerns need to be addressed
[4:22:54]
prior to lifting of the holding
provision.
[4:22:57]
The proposal seeks to provide five
barrier-free parking spaces, where 12
[4:23:01]
accessible units are proposed.
Staff question the adequacy of the
[4:23:05]
proposed amount of barrier-free spaces
when these numbers don't align.
[4:23:10]
Further, the proposed Legion facilities,
by nature of their use, draw users to
[4:23:14]
the establishment who may who may
require barrier-free spaces.
[4:23:19]
The Township's comprehensive zoning
bylaw requires a minimum of 13 13
[4:23:23]
barrier-free spaces,
and staff recommend that this number be
[4:23:27]
upheld.
Next slide, please.
[4:23:31]
Since the time of the original public
meeting, one letter of support and two
[4:23:35]
letters of opposition have been
received. These comments were forwarded
[4:23:38]
to committee prior to today's meeting,
one of which was forwarded this morning.
[4:23:43]
As it was received this morning.
It is staff's opinion that the concerns
[4:23:47]
noted in the original letter of
opposition, the one forwarded to you
[4:23:52]
earlier on,
um is addressed through revisions to the
[4:23:55]
applications to reduce density and that
the parking justification study be
[4:23:59]
revised to address staff's concerns as
noted in the original staff report.
[4:24:06]
Staff have prepared a detailed report
for committee's consideration and
[4:24:09]
recommend the following:
that official plan amendment 67, as
[4:24:13]
amended, be revised to reflect the
amended applications as detailed in the
[4:24:17]
staff report, and that the revised OPA
be adopted by the Township and the
[4:24:21]
record forwarded to the District
Municipality of Muskoka for approval.
[4:24:25]
Staff further recommend that zoning
bylaw amendment application ZBA 2226, as
[4:24:30]
amended, be approved subject to the
following.
[4:24:34]
That the draft bylaw and associated
schedules be revised to reflect the
[4:24:38]
amended applications as detailed in the
staff report.
[4:24:42]
That the draft bylaw be revised to
require that 13 of the proposed parking
[4:24:46]
spaces be barrier-free spaces in
accordance with the requirements of the
[4:24:50]
Township's comprehensive zoning bylaw as
amended.
[4:24:53]
And that revisions be made to the draft
bylaw to first amend section 2D to state
[4:24:59]
that the parking justification report be
to satisfactorily address staff comments
[4:25:03]
instead of being peer-reviewed.
And second, remove section 2G being that
[4:25:09]
the lands receive site plan approval
prior to the lifting of the holding
[4:25:12]
provision.
Staff have no further comments at this
[4:25:15]
time. They're happy to answer any
questions from committee. Thank you.
[4:25:19]
» Thank you very much.
Mr. Hunter.
[4:25:24]
You have the floor.
[4:25:29]
» Thank you, Chair, and good afternoon. Uh
my name is James Hunter, the planner and
[4:25:33]
project manager for the applicant on
behalf of Morgan Planning and
[4:25:36]
Development. Um we talked about
>> James, I I will be uh I'll be generous
[4:25:41]
with the 5 minutes today.
>> Oh, no, I don't need 5 minutes. I
[4:25:43]
appreciate it.
Um I'm just jumping up to say that we
[4:25:47]
would like to thank staff uh first and
foremost for everything that they've
[4:25:49]
worked uh with us on this proposal. It's
been uh quite a process to get to this
[4:25:53]
stage, and the applicant really
appreciates that. And second, thank you
[4:25:56]
to you, Council Committee, for hearing
us uh in the previous meeting and this
[4:26:00]
meeting. Um we brought forward a
application and a proposed development
[4:26:04]
that we're very excited about. Uh with
our second submission, we made some
[4:26:07]
pretty substantial changes to get to
this point. Um in addition to that, the
[4:26:11]
parking uh landscape comments that were
provided in the report, um we do
[4:26:15]
support, and we can address that through
the holding provision. So, um in
[4:26:18]
summary, uh thank you for the
recommendation, and I'm happy to answer
[4:26:21]
any questions directed my way.
>> Thank you very much.
[4:26:26]
Committee, what questions do we have for
the applicant and Ms. Crowder?
[4:26:32]
Councilor Roberts.
>> Hey, I I I clarity on the parking.
[4:26:39]
So, there's 137
units
[4:26:42]
in in in that that's just the units. The
No, 102.
[4:26:47]
So, you must
The
[4:26:49]
100 Go ahead.
>> Through you, Chair, if I may, to
[4:26:52]
Councilor Roberts, there are 106 units
proposed. The density ratio
[4:26:59]
is 170 Sorry, 137 units per gross
hectare.
[4:27:05]
The lands are less than a hectare, which
is why there's
[4:27:08]
those numbers are different, but it's
106 units proposed.
[4:27:11]
» 106, okay. So, I thank you for for
clarifying that for me. I made a
[4:27:14]
mistake. So, there's 106
residential units.
[4:27:20]
But, there's also
the Legion um
[4:27:24]
facility that the traditionally is
have had on spot.
[4:27:31]
And that will require more parking
when the events happen.
[4:27:36]
And then we have um 13 barrier-free
um
[4:27:42]
uh spots.
[4:27:44]
Are the 13
the that 13 barriers speed uh
[4:27:49]
places which could be used 24 hours a
day by people that
[4:27:54]
live in the [clears throat] complex
and
[4:27:58]
require parking.
>> Ms. Crowder.
[4:28:00]
» Through you, Chair, uh to Councilor
Roberts, so
[4:28:04]
of the proposed parking supply, which is
121 spaces, 13 of those staff are
[4:28:10]
recommending be barrier-free. Now, the
township's
[4:28:15]
um
jurisdiction over this would be This is
[4:28:18]
the number of parking spaces required,
this is the number that have to be
[4:28:21]
barrier-free. Um
potentially through site plan
[4:28:25]
agreements, we could stipulate that
those those spaces need to be for the
[4:28:29]
residents of the of the um residential
component.
[4:28:35]
Um
we've done something similar in the past
[4:28:38]
with um cash in lieu of parking
applications,
[4:28:41]
but as of right now, we have not worked
that into our recommendation. So, if
[4:28:45]
that's something that committee would
like to see happen, that those spaces be
[4:28:48]
dedicated to the residents, um then that
could be something that's brought
[4:28:53]
forward. But as of right now, the way
the resolution is is written, that would
[4:28:57]
not be a requirement.
So, those spaces would be available to
[4:29:01]
the public, essentially.
>> Mhm.
[4:29:04]
Thank you.
[4:29:06]
Councillor Nishikawa.
>> Thank you. I just wanted to comment on
[4:29:11]
the
three buildings I've been involved with
[4:29:14]
through the district and accessible
parking,
[4:29:18]
that it wasn't
[4:29:21]
um
it wasn't just for
[4:29:25]
the residents when we did the accessible
parking numbers. It was
[4:29:29]
quite frankly visitors as well. So, I
just didn't want to get
[4:29:33]
hung up on trying to manage
the users of the
[4:29:39]
Legion itself as opposed to the
residents.
[4:29:44]
» It's still a little still a little
a little unclear in my mind. First First
[4:29:48]
of all,
does the 121 include the 13?
[4:29:54]
» Through you, Chair. As currently
proposed, they are proposing five
[4:29:58]
barrier-free spaces,
>> Right.
[4:30:00]
» which would be five of the 121. What
staff are recommending is that
[4:30:06]
13 of the 121 be barrier-free.
>> And were you also suggesting that we
[4:30:12]
could make those barrier-free
available only to the residents?
[4:30:18]
» Through you, Chair. I think the question
was raised as to whether they would be
[4:30:22]
dedicated to the residential units. We
have not written that that needs to
[4:30:27]
happen in our staff report. We have just
noted that the zoning bylaw requires
[4:30:32]
this number of barrier-free units based
on the number of units and the gross
[4:30:36]
floor area of the other uses proposed.
If committee wants to see those
[4:30:41]
dedicated to the residential units,
that's something that could be
[4:30:44]
discussed. But as of right now, we're
not recommending that, no.
[4:30:47]
» And and what do we have with respect to
visitor parking? No visitor parking?
[4:30:53]
» Through you.
Um the proposal as currently drafted,
[4:30:57]
there would be 15 spaces that would be
associated with visitor parking. And
[4:31:04]
that is if
every unit had a space that was
[4:31:08]
occupied, it would leave 15 spaces left
over for visitors, but that would also
[4:31:12]
be for the Legion itself, the medical
clinic, and um the office spaces.
[4:31:19]
» Mr. Under.
>> Yeah, thank you. And through the Chair,
[4:31:21]
just to help uh Ms. Crowder out. So,
once we get the official plan amendment
[4:31:25]
and zoning bylaw amendment in place
after this, we're going to work with
[4:31:27]
staff on the site plan approval site
plan control process. Um something we
[4:31:31]
haven't highlighted enough through our
application is that a percentage of
[4:31:34]
these units are going to be accessible.
So, when we design this building for
[4:31:37]
site plan approval, to uh Counselor
Roberts' point, um we will allocate
[4:31:42]
accessible spaces to those units in
addition to visitor and residents. So,
[4:31:47]
um we're essentially setting uh minimum
of five. We would like to get to the 13
[4:31:52]
that staff suggested. If we can, we will
exceed that number. Um it just depends
[4:31:56]
on how the the site design goes at the
site plan approval. And then the number
[4:32:00]
of accessible units cuz we would
obviously want to target a one-to-one
[4:32:03]
ratio for those units for those
accessible spaces. So, ultimately the
[4:32:07]
current 121 um would provide for that,
but we do hope to expand the parking. I
[4:32:11]
just want to make that clear that we do
plan to increase these numbers uh
[4:32:14]
through our site plan control.
[4:32:17]
» Committee, any other questions do we
have?
[4:32:22]
Councilor Mazan.
[4:32:25]
» Thank you and through you and just again
on the parking piece
[4:32:29]
confirming that the
process will allow for
[4:32:34]
um
parking all to be within their
[4:32:39]
uh
their property footprint.
[4:32:42]
And that of the public space would
remain
[4:32:45]
for transient use, meaning
for events. Like I think somebody
[4:32:50]
brought up events and things like it
like it's being used today but not for
[4:32:53]
overnight parking.
>> Schroeder.
[4:32:56]
» Through you, Chair. Um am I correct that
Councilor Mazan, you're referring to the
[4:33:01]
lot across the across the way?
>> Thank you and through you. I think what
[4:33:05]
I'm just I think a concern that has been
brought up and we've experienced before
[4:33:09]
in other areas of the township is um
public lands are used as overnight
[4:33:14]
parking spots. It can create real
conflict within the community and I'm
[4:33:18]
just I'm actually picking up on the the
question Mayor Kelly had asked earlier
[4:33:22]
on. Just making sure that
the parking will be satisfied in this
[4:33:26]
process for this particular
um development on its own lands or
[4:33:32]
versus relying on public lands. We just
don't want to create a conflict. We've
[4:33:37]
already lived through this conflict
many times.
[4:33:40]
» Ms. Schroeder.
>> Through you, Chair. Um to Councilor
[4:33:43]
Mazan. So the main um thing that staff
were looking at when it came to the
[4:33:48]
residential component is that each
residence have at least one space and
[4:33:52]
that has been resolved. The question of
whether there are enough spaces on the
[4:33:56]
lands to satisfy the more public use
being the Legion facilities and any
[4:34:01]
events they may have um is a bit more
sub
[4:34:06]
uh
I always get subjective and objective
[4:34:08]
mixed up. But, um the parking plans that
we have before us say that the parking
[4:34:14]
supply is satisfactory for that.
However, we are recommending that that
[4:34:19]
be peer-reviewed because staff do have
significant questions and concerns with
[4:34:23]
that parking plan. So, provided it is
peer-reviewed and those questions
[4:34:28]
answered to the satisfaction of staff,
and we would be in a position to lift
[4:34:32]
the hold. However, if those questions
were not satisfactorily addressed,
[4:34:37]
then we would not lift the hold.
>> Okay, Kelly.
[4:34:43]
Thank you, and through you. I I just
have a couple of concerns I want to hear
[4:34:46]
some answers to. And one of them is the
parking concern, and one of them is the
[4:34:50]
use of a hold as a tool to remedy
a perceived shortage of of parking.
[4:34:56]
Simply because
I
[4:34:59]
you know,
I don't know how you can just
[4:35:02]
I guess we don't allow anything to
happen until they get resolved.
[4:35:05]
Otherwise, you're going to wind up with
a building with a deficiency of parking.
[4:35:08]
And the real issue for me
is not the deficiency of the parking,
[4:35:11]
it's what that does to the surrounding
neighborhood and the residents. We had a
[4:35:15]
uh
young gentleman in here earlier this
[4:35:18]
morning who was a store owner in the
near near area. He's counting on people
[4:35:21]
being able to park in or near
uh
[4:35:24]
proximity to his store and walk in and
buy stuff and get out. And we can't uh
[4:35:30]
in good conscience saddle him with the
responsibility of looking out at the
[4:35:35]
cars that have nowhere else to park and
have to sit there all the time. So,
[4:35:38]
that's a big issue. Uh I don't know once
the cat's out of the bag how you solve
[4:35:42]
that one. I'll throw out the other
question, and whoever wants to answer it
[4:35:46]
can answer it. Um I was in attendance
[clears throat] when the first
[4:35:50]
announcement was made, and and I don't
see um Mr. Mills here right now, but uh
[4:35:56]
there was certainly a lot of buzz and a
lot of interest. And I think there were
[4:35:59]
a lot of people who put funds up uh to
secure some right of first refusal or
[4:36:05]
whatever it is to get a spot in the new
building. I want to understand whether
[4:36:10]
or not the nature of the building has
stayed consistent throughout.
[4:36:14]
Is [clears throat] it still uh what
people thought they were buying into?
[4:36:18]
Has it changed either by financing or
other commitments that may have been
[4:36:22]
made? Uh has the nature of the uh
the building changed so that there's any
[4:36:28]
concern but that
there's still a big demand for this uh
[4:36:32]
product in the market.
>> So, there's two questions. I'll let
[4:36:36]
counselor or sorry,
Ms. Crowder um
[4:36:39]
answer the first one.
>> Thank you through you, Chair.
[4:36:42]
» Back to holding effectiveness for
>> Yeah. Yeah, so when staff read the
[4:36:48]
traffic study, which also speaks to
parking,
[4:36:51]
um there were major
concerns that were noted. Um namely that
[4:36:56]
the areas used as comparators simply
aren't comparative to our area. You
[4:37:01]
know, we Bella doesn't have any public
transit. So, to compare against only
[4:37:06]
areas with public transit
doesn't make a lot of sense. So, we have
[4:37:12]
posed, I think, four or five very big
questions that need to be addressed
[4:37:17]
before we would ever be in a position
where we would lift that hold. So, yeah,
[4:37:22]
you cannot apply for your building
permits until the hold is lifted. Um so,
[4:37:27]
we would not be in a position where this
building is built and then we're not
[4:37:31]
satisfied.
>> Ms. Crowder, the second question about
[4:37:34]
the nature of the building.
>> Yeah, so through the chair to to Mayor.
[4:37:39]
Um the nature of the building has
remained the same. For a second
[4:37:41]
submission, there's been a slight
internal redesign to drop the number of
[4:37:44]
units and also to increase the parking.
Um but the original commitments and
[4:37:48]
trust is all actually grow and our
remain. So,
[4:37:51]
um
also it's very important, sorry, just on
[4:37:53]
the first topic for the parking. So, the
the parking study we did that was
[4:37:56]
provided in support of the first
application, uh that specifically looked
[4:38:01]
at the 56 on-site parking spaces and
then our proposals for off-site or
[4:38:05]
shared parking spaces. Since that time
we've more than doubled the parking on
[4:38:08]
the site. We also have access to uh
approximately 81 across the street and
[4:38:12]
then we have adjacent owners agreements
for about 40 spaces.
[4:38:16]
So, the parking study originally um said
that our site was efficient. Now,
[4:38:22]
speaking with consultants, we haven't
had time to update that, so that's what
[4:38:24]
this on hold is on the zoning. And that
is a standard process, so as as Ms.
[4:38:29]
Crowder said, uh we have to update that
study and provide it to staff for
[4:38:33]
confirmation before we can lift that
zone.
[4:38:37]
» Follow up, Mr. Kelly.
>> Just a quick follow up and thank you for
[4:38:39]
that. Thank you for the information.
Uh [clears throat] the the adjacent and
[4:38:43]
across the street parking
um is part of my concern and you
[4:38:48]
probably heard my
uh focus on parking uh this morning. Um
[4:38:54]
my understanding, uh Ms. Crowder,
correct me if I'm wrong or I should
[4:38:58]
go ahead and correct me now. I'm
probably going to be wrong. Uh but uh
[4:39:01]
» [laughter]
>> is that
[4:39:03]
my understanding [clears throat] is that
the parking really has to be on land
[4:39:08]
owned by the same uh uh owner as the
building and I don't know that you I
[4:39:12]
know in the adjacent spaces you're
looking at, I think it's leased facility
[4:39:15]
uh leased land and I don't know what you
have across the street.
[4:39:18]
» Mr. Honor.
>> Yes, Mr. Chair, today Mr. Kelly. So,
[4:39:22]
to clarify, there's 121 parking spaces
on site and 43 of those are underground,
[4:39:27]
78 are at grade. So, all of the parking
is accommodated on site. The way that
[4:39:31]
the Legion has historically operated is
street parking, minimal on site and then
[4:39:36]
the 81 spaces across the street. All of
that will be maintained and actually
[4:39:39]
increased on our site. Um something that
we discussed in last meeting that we'd
[4:39:43]
like to work with the township on is
improved street parking in the area. So,
[4:39:47]
if we're a development working with the
municipality um along Maple and
[4:39:50]
surrounding areas to improve those spots
so that it's not only for us for
[4:39:54]
festivals, etc. that it's improved for
everyone. So, that's a large component
[4:39:58]
of our project. Um so, when we look at
the rough numbers, I mean, we're we're
[4:40:01]
looking at a total between the residents
and the visitors, we're probably in the
[4:40:05]
250 to 270 parking spaces with events,
which is significant considering we
[4:40:11]
started at about 100. So, across our
site between the shared agreements and
[4:40:15]
offsite, we've almost tripled the
parking or exceeded triple the parking.
[4:40:19]
Um and our parking space originally
supported that. So, as Ms. Crowder said,
[4:40:22]
um the increase hasn't been addressed
through the parking justification
[4:40:26]
justification study. Um that is going to
be done to remove the zone hold.
[4:40:34]
» Councillor Kent.
>> Can I make a call it's question. I I
[4:40:39]
guess my biggest concern
I have other concerns, but
[4:40:44]
is the sustainability of Bala
being able to deal with this 25%
[4:40:49]
increase in population head count. This
combined with the the prior that was
[4:40:53]
noted by the gentleman this morning.
It's a tiny town. It's not set up to
[4:40:57]
service people properly for year-round
at that level. That number of people on
[4:41:03]
a year-round basis. And I was wondering
what we as a township or what
[4:41:08]
what can be done to to support the
growth if that's what the committee
[4:41:14]
decides to do, but just sort of plopping
it in and doing nothing to help them
[4:41:18]
with maybe
a nurse practitioner's office, a
[4:41:22]
whatever is needed, additional grocery
store, you know, put the LCBO back, you
[4:41:27]
know, things that need to be done to
support this community. How do we make
[4:41:30]
that happen and who evaluates that?
>> Ms. Crowder, could you talk to that from
[4:41:35]
a planning point of view?
>> Through you, Chair. Um to Councillor
[4:41:38]
Kent, it's a great question. Um I can
answer it from
[4:41:43]
the planning side of things.
We are relying on the professional
[4:41:48]
guidance of provided to us by the
district and the consultant. So, the
[4:41:53]
district is saying that there is
capacity to service this facility.
[4:41:59]
Um
Yes.
[4:42:01]
And as far as the transportation goes,
it is recommended it be peer reviewed,
[4:42:06]
but provided that checks out as the as
the
[4:42:09]
um
study says, it it is able to support the
[4:42:12]
proposal. We do rely on those findings.
Um
[4:42:16]
as far as providing facilities, this
specific proposal does propose a medical
[4:42:22]
clinic within the building, um which
they're saying would have one
[4:42:25]
practitioner. Um
so, something to think about, but I do
[4:42:29]
appreciate your comments that as a whole
community,
[4:42:33]
you know, what will this impact be?
I don't know that I have the answer
[4:42:37]
specifically for you, but it is a
consideration.
[4:42:40]
» Councillor Nishikawa.
[4:42:45]
Councillor Nishikawa.
>> Oh, sorry. I just wanted to clarify, um
[4:42:49]
what um Ms. Crowder mentioned
from the district's perspective,
[4:42:55]
they were I believe I understood it to
be that the district was has room for
[4:43:01]
servicing, as in sewer and water,
but nothing else. Like, they're not
[4:43:06]
bringing transportation
to the area, ever, to Muskoka Lakes,
[4:43:11]
quite frankly, but I'm just saying that
that it's not on the table for that we
[4:43:15]
would ever get the district to And so, I
wanted just clarify that
[4:43:19]
from you. Thank you.
>> Ms. Crowder.
[4:43:20]
» Thank you. Thank you. Through you,
Chair, to Councillor Nishikawa. Yes, to
[4:43:23]
clarify, I'm speaking solely to water
and sewer infrastructure.
[4:43:28]
Thank you.
>> Councillor Zavitz.
[4:43:31]
Thank you, and through you. So, I'm
happy to answer uh my good friend over
[4:43:35]
there. Um you know, it it's interesting.
Uh we talk about seasonal and we talk
[4:43:40]
about, you know, year-round, Um
Bala swells in those summer those peak
[4:43:46]
summer months to a, you know, quite a
size.
[4:43:50]
And the people that are there are
accommodated and I you know, I I as the
[4:43:54]
district has identified this as a
development node as has we um with with
[4:43:59]
water and sewer as some of the services.
Yes, there we're lacking in some others,
[4:44:05]
but you know, I wonder if that's not a
sort of a natural growth piece as well.
[4:44:09]
So, I I don't want to get too far ahead
of myself, but you know, in terms of the
[4:44:13]
parking is probably my only concern if I
might and the parking in terms of the
[4:44:19]
lot that we own that anyone the public
can use
[4:44:25]
is that are we going to come down to
that discussion around this table? I
[4:44:29]
guess in terms of, you know, if you're
including it if they're including it in
[4:44:33]
their number, I mean, that's
our parking lot, right? So, that's
[4:44:38]
anybody's parking lot all day and not at
night. So, I I'd like some clarification
[4:44:43]
on that if I might. Screw you, chair.
>> Ms. Corriveau, I
[4:44:48]
I think that question if I've got it the
counselor is having is, you know, how
[4:44:52]
will the site plan
process will it involve us? I think you
[4:44:58]
would like to know that and
um
[4:45:03]
you how how will we know the ultimate
outcome of the parking?
[4:45:07]
Is that fair, Counselor Zavitz?
>> Well, screw you. Sorry, I I thank you
[4:45:11]
for that clarification.
What I'm saying is it's everyone's
[4:45:14]
parking lot. So,
for them to include it in their numbers
[4:45:18]
I find that a little worrisome and I
maybe that might have been a slip. Um
[4:45:22]
but if if he's if you're including that
as part of the 280 whatever, that
[4:45:27]
parking lot could be used for a birthday
party down the street and there could be
[4:45:31]
48 cars there. So, that's not dependable
parking is what I'm saying, 12 hours of
[4:45:36]
the day.
>> Understood.
[4:45:37]
» Mr. Hunter.
>> Yeah, through the chair to councilor so
[4:45:41]
that's not included in any of our
parking calculations anymore just to be
[4:45:45]
clear. Everything is provided on site
which was the recommendation for the
[4:45:48]
reason we had the original deferral.
We're saying that if there's peak events
[4:45:52]
and then we do have that 81 parking
spaces across the street. We're looking
[4:45:56]
to work with the township for on site
parking improvements along the streets.
[4:45:59]
There's other means that we have
available to us but as far as our
[4:46:02]
development and servicing the legion
goes our transportation and our
[4:46:06]
professional engineers say that we is
supported. We have reviewed that with
[4:46:09]
the district and they have the same
opinion. It's just a matter of us
[4:46:12]
updating that wholly into the
comprehensive revised report and getting
[4:46:16]
it back to staff for our submission so.
>> If I may supplemental thank you. Chair.
[4:46:21]
» Yes.
>> Thank you.
[4:46:23]
Yeah, because it's also the legion's
parking lot to use right and and you
[4:46:28]
have used it for
80 years.
[4:46:31]
» Yeah, so
>> since the legion was built so
[4:46:33]
» Yeah, through the chair.
That's Sorry. Um,
[4:46:36]
the legion has used that parking spot
and surrounding since it's open so the
[4:46:40]
function will remain the same. We've
added it additional spaces and we're
[4:46:44]
recommending further improvements for
any concerns.
[4:46:47]
Um, but you're right it's a public
parking space.
[4:46:50]
» Ms. Crowder.
>> Thank you, chair. Um,
[4:46:53]
just to touch on that the one of the
questions or comments that staff raised
[4:46:57]
about the transit study is that those
public parking spaces were being
[4:47:03]
included in the justification and so we
have said
[4:47:07]
no.
You know, these are public spaces. They
[4:47:11]
this this your findings your
professional opinion should not be on
[4:47:14]
the basis of public spaces. So that is
something that we have asked them to
[4:47:18]
address.
Um, and also I did want to correct cuz I
[4:47:22]
did misspeak earlier. I said that the
district has confirmed capacity.
[4:47:26]
We have included in the bylaw that is
part of the hold that confirmation of
[4:47:31]
capacity be received. So I just wanted
to correct myself. Thank you.
[4:47:35]
» You too.
[4:47:37]
Councillor Robertson and Councillor
Edwards.
[4:47:40]
Okay, so
all parking is going to be within the
[4:47:44]
footprint of the of the property.
And
[4:47:48]
um
my concern is from the gentleman who who
[4:47:51]
was at Birch retailing or whatever that
has there.
[4:47:56]
When people come to visit that
establishment where there'll be a lot of
[4:47:59]
visitors, they're not going to know
that
[4:48:03]
there's a retail business. Oh, I got
right one right in front. I'm just going
[4:48:06]
to park there and it'll choke this
gentleman's business off.
[4:48:10]
How are you going to protect that?
[4:48:15]
Ms. Crowder?
[4:48:17]
» For you, Chair.
Um
[4:48:19]
when public when spaces are public, they
are available
[4:48:24]
for anyone to use um within the
specified hours within the bylaw. So,
[4:48:30]
however, when spaces are
on private property,
[4:48:35]
those can be reserved for certain uses.
I don't know that the applicant is
[4:48:40]
proposing to do that, to specify certain
spaces for what, but for the spaces in
[4:48:44]
front of the gentleman's um business, if
we're talking about spaces along the
[4:48:49]
public road, those would be public and
available to anyone to park there.
[4:48:56]
So, that is a consideration that, you
know, committee should be aware of.
[4:49:00]
» Councillor Edwards.
Uh
[4:49:03]
thank you, Mr. Chair. I I have a few.
Looking at there's uh a miscalculation,
[4:49:09]
so now there's 322 spaces, so we're
deficient 201 spaces
[4:49:15]
and eight eight barrier-free spaces. Is
that correct?
[4:49:19]
» Ms. Crowder.
>> For you, Chair.
[4:49:21]
Um to Councillor Edwards, yes, so
I made a math error in the first report
[4:49:28]
and um the correct number of spaces been
included in this revised report. So, the
[4:49:34]
required number of spaces based on the
uses and everything proposed is 322
[4:49:40]
spaces per the township's zoning bylaw.
They are proposing 121 spaces,
[4:49:46]
which means a deficiency of 201 spaces.
>> Right.
[4:49:50]
Now,
I I heard mention on-street parking.
[4:49:55]
I And I believe from from the uh the uh
agent.
[4:50:01]
What about winter parking when we have
to plow roads and everything else like
[4:50:04]
that? You hear that?
And then,
[4:50:07]
do we have a parking bylaw where you can
only only uh park for so many hours?
[4:50:12]
No overnight parking?
>> Ms. Croner.
[4:50:15]
» Can you correct that?
>> Yeah, through you, Chair, to Councillor
[4:50:17]
Edwards. Another one of the great
questions that we have asked the
[4:50:20]
transportation people to look at because
that was not spoken to in the study is
[4:50:25]
snow and snow removal and how that
impacts their analysis. So, that is
[4:50:31]
something that we are looking for them
to address as part of the process where
[4:50:36]
the hold is is invoked for the review of
the study.
[4:50:39]
Um as far as the road uh parking bylaws,
I know that the lot across from the
[4:50:45]
Legion is day parking only. Please
correct me if I'm wrong. Um I don't
[4:50:51]
specifically know about Maple Street. Um
I imagine somebody around the table
[4:50:55]
probably does. Um but we can certainly
look into it if you'd like.
[4:50:59]
» Okay. And let me ask one more. There was
an approval
[4:51:03]
for uh a uh senior's building there. How
many units were in there and what
[4:51:07]
parking was in there? Like, it fit the
site at that time, did it not?
[4:51:12]
» Ms. Croner.
>> Through you, Chair, uh to Councillor
[4:51:14]
Edwards. Yes, there was an approval for
a retirement home. It was for 128 units,
[4:51:20]
which was the previously proposed number
of units of this application.
[4:51:25]
Um at our previous meeting we did go
into some depth about the differences in
[4:51:29]
the uses a retirement home versus um
you know, the multi-use apartment
[4:51:34]
building that we're talking about today.
And the number of parking spaces
[4:51:38]
required for retirement home is
significantly less than the the number
[4:51:43]
of required parking spaces for today's
proposal because of the use. Um so we do
[4:51:49]
have those numbers, they're in the
previous staff report and I'd be happy
[4:51:52]
to pull them up for you. Um but I don't
have them off the top of my head.
[4:51:56]
» you. I just wonder why the the change
like they had approval for something
[4:52:00]
they could put 128
people in it. Why not use what they have
[4:52:05]
because I I I could myself I can't
see
[4:52:09]
supplying 201 spaces somewhere else
unless they own the land, but
[4:52:15]
» Committee, we're getting someone into
discussion. So when I need to read the
[4:52:18]
resolution, we can continue with
questions as well.
[4:52:23]
» So moved by anybody in the council
second is
[4:52:27]
» I I guess it's an oversight.
[4:52:38]
» Moved by Mayor Kelly, seconded by
Councillor Kent. Be it resolved that
[4:52:42]
official plan amendment OPA-67
amended bracket bracket Royal Canadian
[4:52:48]
Legion be revised to reflect the amended
application as detailed in staff report
[4:52:53]
plan 20-26-102
[4:52:58]
and that the revised OPA be adopted
by the Township and that the record
[4:53:04]
forwarded to the District Municipality
of Muskoka for approval.
[4:53:09]
Uh where was I? I think Mayor Kelly.
>> Thank you and through you two questions.
[4:53:15]
Uh the first to uh Ms. Crowder.
Um
[4:53:19]
Uh uh uh uh uh uh I actually don't know
whether the hold is something that has
[4:53:23]
to come back to committee to be relieved
or lifted or whether it is an
[4:53:26]
administrative act just looked after by
staff.
[4:53:29]
I'm assuming it's a staff function, but
I don't Oh, it's not. It actually comes
[4:53:32]
here. I'm going to ask then, if it were
your call, how many I just want to focus
[4:53:38]
specifically on the number of available
parking spaces, um, on the property
[4:53:44]
itself or on contiguous land owned by
the same, uh, owner. How many spaces
[4:53:49]
would you need to, uh, see,
uh, before you would recommend waving or
[4:53:55]
lifting that hold?
Ms. Crowder.
[4:53:58]
Through you, Chair, to Mayor Kelly. Um,
it's not a specific number I would be
[4:54:02]
looking for. It is the justification,
having answered our questions. So, I I
[4:54:09]
don't have a specific number before you,
but when, um, we do receive a study that
[4:54:14]
satisfies our questions, we would then
be come back to Council for the lifting
[4:54:20]
of the hold, and we'd be able to update
you at that time, and provided everybody
[4:54:25]
was comfortable with those findings,
then you would be in a position to, um,
[4:54:28]
lift the hold. But, it is like a it's a
bylaw of itself to lift the hold. That's
[4:54:33]
good. Thank you very much. Second
question, and it relates I don't want to
[4:54:37]
get into the, uh,
uh,
[4:54:41]
I really don't want to get into the
viability of the project itself. That's
[4:54:44]
not where I'm going with this, and I
certainly am not making any any judgment
[4:54:48]
based on whether it's attainable or
affordable.
[4:54:51]
Um,
I think I've said it before, but just to
[4:54:54]
be for the record, I believe any
addition to the housing stock is
[4:54:58]
valuable and is
I don't particularly care, uh, whether
[4:55:02]
they're attainable, affordable, or
otherwise, as long as they are new
[4:55:05]
places for people to live. Um,
is there an element of this project that
[4:55:12]
will be affordable. Uh that will be
under you know, rent control to the
[4:55:16]
extent that it'll
maybe be something with the District of
[4:55:20]
Muskoka is engaged in. And if so, I'm
just curious what proportion of that
[4:55:24]
would be.
Uh Mr. Hunter.
[4:55:26]
» Yes, thank you to the chair to the
mayor. Um
[4:55:29]
our proposal includes a a target towards
seniors. So, to your earlier question,
[4:55:34]
we're not removing the seniors
component. There's still a significant
[4:55:37]
interest and a target towards those uh
residents who rent these units cuz it is
[4:55:42]
a rental building.
Out of that, uh we are targeting a
[4:55:45]
percentage, at least 20% to be
accessible units. So, that includes
[4:55:50]
people with special needs or seniors
with needs. And then, I believe we're
[4:55:53]
33% right now for actual affordable
criteria. And I didn't bring it today,
[4:55:58]
but I got a thick document through CMHC
that you have to meet all this criteria,
[4:56:03]
certain kinds of rents, and very
specific targets. So, um instead of
[4:56:07]
leaving this at purely a retirement
community, the 120 units, we dropped it
[4:56:11]
to 106. And then, we're trying to
actually meet the needs of uh more
[4:56:14]
members of the community. So,
Uh perfect. And and thank you through
[4:56:18]
you. And have you had discussions at all
with the the District uh housing group?
[4:56:23]
You have? Okay. Uh and
to my knowledge, and I have some
[4:56:28]
knowledge of the affordable housing,
um the District reserves the right when
[4:56:34]
they're engaged on a file to provide the
tenant. And those tenants may not be
[4:56:39]
from Bala, they may be moved in from
elsewhere within the District. We we're
[4:56:44]
aware of that. Is that a possibility?
Okay. Thank you.
[4:56:47]
» Yeah, so through the chair, the the
District is involved. I mean, this uh
[4:56:51]
this development, we're lucky the
clients are pretty well connected. This
[4:56:54]
has gone through the province through
CMHC, through the pro- uh through the
[4:56:57]
District. Um it's gone through all
levels. So, as as you mentioned, we do
[4:57:01]
have the ability to not only bring in
residents from this area, but other
[4:57:04]
surrounding areas who um are really in
need of affordable housing projects.
[4:57:08]
Our firm works throughout the whole
district of Muskoka. There's really not
[4:57:12]
a lot of availability, so there's quite
a lot of interest in this project. And
[4:57:16]
also from the adult standpoint, you
know, we're we're hearing demand for
[4:57:19]
this, so
yeah, it provides quite a accessibility.
[4:57:25]
» Do we have any other questions?
[4:57:29]
Councillor Roberts.
>> To the gentleman in the back, this is
[4:57:32]
not a public meeting, so I'm afraid you
can't make comments or questions.
[4:57:37]
No.
[4:57:39]
» Thank you, Chair.
The The other concern I have
[4:57:44]
is access to 169
and possibly the traffic jams that occur
[4:57:51]
in during our peak months.
[4:57:54]
What are
staff's thoughts on that?
[4:57:58]
» Ms. Crowder.
>> Through you, Chair, to Councillor
[4:58:02]
Roberts. So, the traffic impact brief
has been submitted, which states that
[4:58:08]
there won't be an impact.
One of the requirements of the hold is
[4:58:13]
that it be peer reviewed.
So, we would be looking to have that
[4:58:16]
document peer reviewed and
go from there. That's right. Thank you.
[4:58:22]
» Councillor Zavitz.
>> Thank you, and through you, just to
[4:58:24]
speak to that to the Councillor.
There are five access egress ingress
[4:58:29]
points
from there
[4:58:32]
to get in and out. So, I mean, I think I
guess I counted
[4:58:35]
» There's five between River Street and
other accesses, so lots of access.
[4:58:45]
» Any other uh Councillor Ishikawa.
>> Well, I just wanted to One of the
[4:58:49]
concerns from um the the gentleman from
Birch Park this morning was that in fact
[4:58:55]
cars would be lined up in front of his
business and no one would be able to
[4:59:00]
have access to his business because
waiting to make and it's the left-hand
[4:59:04]
turn. We all that have that problem on
118 when we try to leave this office.
[4:59:09]
Um and it's about the one eight that
that left-hand turn. So, it's a big
[4:59:14]
bigger issue than this pic particular
development that the district should
[4:59:18]
start addressing.
But, it is a concern of that business
[4:59:22]
owner that people will be lined up
waiting to make that left-hand turn in
[4:59:27]
in summer and not people won't have
access to his building. So, that's But,
[4:59:31]
I don't know that
[4:59:34]
we can control that through this
application.
[4:59:39]
» Committee, any other questions?
Ms. Crowder, I have a question. Does uh
[4:59:44]
if it has
affordable housing
[4:59:48]
does that are there different parking
requirements for affordable housing?
[4:59:55]
» Through you, Chair. It's a great
question. Um
[4:59:59]
as of right now
we don't have any guarantee that these
[5:00:03]
will be affordable units. Yes, the
intent has been stated very clearly. Um
[5:00:09]
but, the township doesn't have any way
to regulate that. Um sec- the second
[5:00:15]
point I would say is that our bylaw
doesn't currently account for any kind
[5:00:21]
of parking differentiation between
affordable and not. I know that in um
[5:00:26]
cities, there's been a big provincial
movement to lessen the parking
[5:00:30]
requirements um across the board, but
particularly for situations like
[5:00:34]
apartment buildings. However, I would
say those are very city specific or or
[5:00:40]
larger area specific because of public
transit, which really isn't a
[5:00:44]
consideration here.
>> Councillor Robert Edwards.
[5:00:51]
Uh
I'm concerned about the holding.
[5:00:55]
And that's simply because if they can't
do it, it just going to fall apart.
[5:00:59]
If we deferred this again, could they do
some some
[5:01:04]
more work on how they're going to solve
it because like I say, we pass it with a
[5:01:09]
holding and they can't do it, it's going
to fall apart. But if we deferred it and
[5:01:14]
they they they talked to the district
and everything else that they they may
[5:01:18]
have to reduce it a little bit or do
some some some tweaking on it. Would
[5:01:23]
that not be better than than a holding?
Ms. Croner?
[5:01:28]
» Through you, Chair, to Councillor
Edwards. Um this project's been a little
[5:01:32]
bit unique in that we have been asked to
asked to address many of these items
[5:01:38]
through utilization of a hold as opposed
to deferring, specifically because it's
[5:01:44]
been communicated to me by the applicant
and agent that
[5:01:49]
their need for funding for this project
is dependent on a bylaw or an approval
[5:01:55]
being given.
Um if the applications are deferred,
[5:01:59]
they would not have that approval, so
they have requested that these be
[5:02:03]
addressed via a hold provision. However,
it is committee's right to
[5:02:08]
um change that direction and defer
should they wish to do so.
[5:02:12]
Um
I think ultimately you would be able to
[5:02:15]
accomplish either way. So um we have
been amenable to their request.
[5:02:20]
» Okay, yeah.
Supplemental then?
[5:02:23]
» Yes.
>> So if they're getting funding on on
[5:02:28]
these units, they may not ever be
approved if they can't meet the holding.
[5:02:34]
» They won't get the
[5:02:38]
» Fair comment. Um Mayor Kelly.
>> Thank you and through you, I just want
[5:02:43]
to address that last issue. I I really
think in this circumstance uh sticking
[5:02:47]
with the hold uh we're in a really um
well, hopefully opportunistic market for
[5:02:53]
people who are building uh attainable
and affordable housing and housing of
[5:02:57]
any kind. There is uh I think it's a
theory so far, but tons of money
[5:03:01]
available through CMHC and other
sources. And it's really uh imperative
[5:03:05]
that the we get this far with the
project so that the applications can be
[5:03:10]
made, the funding's process can start,
it probably takes some time while we
[5:03:15]
sort out the hold on on the other side.
I frankly don't see uh the difference
[5:03:20]
nothing's going to happen on the premise
until the hold is lifted. And in the
[5:03:23]
meantime, because we've chosen to hold
rather than defer, um the uh
[5:03:28]
organization can start the process of of
application for the funding that's
[5:03:32]
available.
>> Councillor Nishikawa.
[5:03:36]
» Thank you. Through um you and I
I almost I'm going to ask if we have an
[5:03:42]
opinion from the district at this point.
I have
[5:03:46]
been on district council where
we have approved projects we thought
[5:03:51]
with with other holds on
and in fact um
[5:03:57]
it CMHC actually didn't give them the
funding because the hold wasn't a
[5:04:01]
guarantee that this thing was going to
get built.
[5:04:04]
So, I don't know where what that looks
like, but I would love to have
[5:04:07]
district's opinion uh cuz they're on the
call.
[5:04:13]
» Um
[5:04:16]
Mr. Hunter.
>> Yes.
[5:04:18]
» We'll come to
>> I'll I'll be quick on that. So, two two
[5:04:21]
important components here, like we we
need the the zoning and OPA passed with
[5:04:25]
the hold. The hold gives us the freedom
and the power of the township to control
[5:04:30]
matters such as traffic.
But, speaking plainly, our applicant and
[5:04:34]
our owner cannot be spending any more
money, like have the traffic report
[5:04:38]
updated, archaeological or sorry,
architectural. Like these are very
[5:04:41]
expensive
studies and and engineers that we're
[5:04:45]
paying. So,
to progress and get to point where we
[5:04:48]
can do more detailed design and address
these concerns, like we need that
[5:04:51]
financing and frankly though with the
promise it's just waiting to press the
[5:04:54]
button. Um
so there is a commitment to that and we
[5:04:59]
were I guess we're we're really
requesting that we need to have this
[5:05:02]
brought forward to a motion. We we can't
have a deferral and we accept the hold
[5:05:06]
and it gives staff and council the
ability to have that control before it
[5:05:10]
is removed.
>> Um do we have the district was he the
[5:05:15]
district planner?
>> No.
[5:05:17]
» Through through you chair, um the
district is no longer online I've been
[5:05:21]
told. Um all I can say is they provided
comment on the applications saying they
[5:05:28]
are not opposed, but they did not
provide anything further than that.
[5:05:32]
» [clears throat]
>> Mayor Kelly.
[5:05:35]
Thank you and through you. I I just want
to make sure we we we know what we're
[5:05:38]
voting for here. The
there's no guarantee that anybody's
[5:05:41]
going to step up and fund,
but there is a guarantee that if we
[5:05:44]
don't approve this with a hold, we'll
never find out. So, at least this way we
[5:05:50]
can put a stake in the ground, we can
give the necessary support, the township
[5:05:55]
can give the necessary support to the
owner of the building or the developer
[5:05:59]
uh to start the application process
while we work through those other issues
[5:06:03]
that are still going to be subject to
the hold.
[5:06:12]
» All right committee, any other debate on
this?
[5:06:15]
» Councillor
Edwards.
[5:06:18]
» The only thing I I I'm concerned about
is we heard the business owner today say
[5:06:23]
it's a problem
for him.
[5:06:26]
So, if
if we're starting to lose this and that
[5:06:30]
I say like we can go ahead with it. It's
not a good situation.
[5:06:35]
I think we all know that. That's why
we're asking all these these questions.
[5:06:40]
It was approved for
for a seniors building they could put
[5:06:43]
that in they would do the housing that
that that is required and everything
[5:06:47]
else say that it's the changes that's
that's what I'm concerned about.
[5:06:55]
» Thank you and through you I I'm going to
stay on this one because I have a very
[5:07:01]
keen interest in seeing some housing get
built around here.
[5:07:04]
Um
I I think you can pick any intersection
[5:07:08]
anywhere in this Township and say we're
going to build something here and people
[5:07:11]
would pop out of the woodwork and say
not in my yard not near me. I don't like
[5:07:15]
this. It's a it's a fact of life. There
was a very articulate I I gather that
[5:07:19]
the email we all got yesterday was the
same person that spoke today. I didn't
[5:07:23]
make the link.
Oh it wasn't. Oh.
[5:07:26]
There was a very articulate email that
that came out yesterday late late
[5:07:30]
yesterday.
You know, you you have to pay attention
[5:07:34]
to these things and there was some very
good issues raised. The simple fact of
[5:07:37]
the matter is at some point in time we
have to make a value judgment. Do we
[5:07:41]
value the opportunity to grow the
community to to stop the aging and
[5:07:46]
shrinking population base to revitalize
the economy to put people back in you
[5:07:51]
know, I heard Miss
Buster this morning say or something it
[5:07:56]
was actually Miss Grogan Green say
nobody has had an opportunity to work at
[5:08:00]
Cleaves for
a decade or something.
[5:08:04]
We got to turn this around and it's got
to start somewhere. It's got to start
[5:08:07]
with a stake in the ground that says we
will build here and we will find people
[5:08:11]
to live here and they will be consumers
in this marketplace and they will be
[5:08:16]
workers in this marketplace and
hopefully someday they'll grow kids in
[5:08:20]
this marketplace and they'll fill hockey
leagues and and
[5:08:24]
church groups and so on. It's it's a
difficult thing but you're not going to
[5:08:28]
find zero opposition anywhere. So
I we've had one or two. They were both
[5:08:35]
well done. I thought the presentation
this morning was well-done. But I you
[5:08:40]
know,
maybe help them understand that we just
[5:08:43]
imported 130 new people who are going to
be
[5:08:47]
buying in your store.
That may be worth losing a few parking
[5:08:51]
spaces. I don't know. But by the way,
I'm not going to be too pleased if the
[5:08:55]
parking is reliant on public space or
roadside space. That's
[5:09:00]
This is we're not here to subsidize the
development of this thing with parking.
[5:09:04]
They've got to come back under the hold.
We'll come back and we'll look. That's
[5:09:09]
why I was trying to get a sense from Ms.
Crowder if there was a hard number. We
[5:09:14]
will have an opportunity to decide
whether this moves ahead, whether
[5:09:18]
there's sufficient parking on site that
the people who actually operate and live
[5:09:23]
around the space have much less to worry
about than they think they do.
[5:09:29]
» Uh Counselor Davidson, Counselor Massin.
>> Uh thank you. I would say here, here to
[5:09:32]
the mayor on those comments and I would
ask for the vote, please. Thank you.
[5:09:37]
» Director Crowder.
>> Okay.
[5:09:41]
It's a point of order. I I think the
group has to agree to that.
[5:09:45]
» You have to sort of, you know, orally
decide to ask.
[5:09:49]
» Right. Um
The group has to
[5:09:53]
being told by
>> There are two
[5:09:56]
» We need We need two-thirds agreement to
call a vote.
[5:10:00]
All those in favor of calling the vote
right now.
[5:10:06]
Okay, we didn't get two-thirds.
Counselor Massin.
[5:10:09]
» I would have called the vote.
>> [laughter]
[5:10:12]
» I just wanted to um add and remind that
it was 2 days ago. I was trying to
[5:10:16]
remind myself as I was listening when we
all sat and listened to our economic
[5:10:20]
development strategy and the direct link
with and importance of adding. They
[5:10:25]
focused on attainable housing within our
township. And I just think some of the
[5:10:30]
questions I mean it's day egg and the
what's it called? The chicken or the egg
[5:10:34]
scenario, but you know, certainly would
think that by adding housing into a a
[5:10:39]
town or a community, then we are going
to start seeing some of the other
[5:10:43]
businesses kind of growing and
flourishing in that area simply because
[5:10:47]
you have more people
walking around and shopping. So, you
[5:10:51]
know, I think it becomes these things
are all very much linked and I think to
[5:10:55]
echo the comments, my my biggest focus
is to ensure that we've got the right
[5:11:00]
parking to support whatever the density
and it sounds to me like we've got a
[5:11:04]
very good plan in place with staff
through this holding provision to allow
[5:11:08]
for that and to help the applicant get
this project financed if they can.
[5:11:15]
And then I would call the vote but
>> [laughter]
[5:11:20]
» Uh committee, any more questions or
comments?
[5:11:24]
Are we ready to vote now?
[5:11:29]
» No, I'm good.
>> I need short. I don't know if I can put
[5:11:33]
it on the screen.
>> I'll read the resolution again we've
[5:11:36]
requested. Moved by Mayor Kelly,
seconded by Councillor Cain.
[5:11:41]
Be it resolved that the official plan
amendment OPA-67
[5:11:45]
and it
is - amended bracket Royal Canadian
[5:11:48]
Legion be revised to reflect the amended
application as detailed in staff report
[5:11:54]
plan 2026-102
[5:11:58]
and that the revised OPA be adopted by
the township and the record forwarded to
[5:12:03]
the District Municipality of Muskoka for
approval.
[5:12:09]
All those in favor.
[5:12:12]
Any opposed?
That carries.
[5:12:20]
» This is the bylaw?
>> Yes, it is.
[5:12:24]
» And who's the bylaw?
All right, so now we have the That was
[5:12:28]
the OP. This is the bylaw.
Uh moved by Councillor Edwards, seconded
[5:12:34]
by Councillor McIntyre.
Be it resolved that zoning
[5:12:38]
bylaw application amendment ZBA-22/26
amended Royal Canadian Legion be
[5:12:45]
approved subject to the following:
that the draft bylaw and associated
[5:12:49]
schedules be revised to reflect the
amended applications as detailed in the
[5:12:53]
staff report plan 2026-102.
That the draft bylaw be revised to
[5:12:59]
require that 13 of the proposed parking
spaces be required to be barrier for
[5:13:05]
free spaces in accordance with the
requirement of the township's
[5:13:08]
comprehensive zoning bylaw 2014-14
as amended and that revisions be made to
[5:13:14]
the draft bylaw to
A, amend section two bracket or 2D to
[5:13:20]
state that the parking justification
report be updated to satisfactorily
[5:13:25]
address
staff's comments instead of being period
[5:13:29]
reviewed and B, remove section 2G
being that the lands received site plan
[5:13:35]
approval prior to the lifting of the
holding
[5:13:37]
of holding H provision.
Any debate?
[5:13:43]
All those in favor.
Any opposed?
[5:13:48]
That carries.
[5:13:51]
Where the hell
[5:14:01]
Committee, we have one final
resolution here.
[5:14:06]
Moved by
[5:14:10]
Councillor Kent,
seconded by Mayor Kelly.
[5:14:17]
Be it resolved that the special planning
committee meeting adjourn at
[5:14:22]
2:12 p.m.
The next regular planning committee
[5:14:25]
meeting will be held on Thursday,
September the 17th, 2023 2026 at 9:00
[5:14:32]
a.m. via an electronically and in-person
hybrid format from the council members
[5:14:36]
council chambers municipality
municipal offices in beautiful downtown
[5:14:42]
Port Carling, Ontario. All those in
favor?
[5:14:46]
Thank you.