Official Plan Draft for Public Review - Town of Gravenhurst/ July 26, 2016

DRAFT OFFICIAL PLAN 2016

DRAFT for Public Review, July 26, 2016

GENERAL NOTES: 

Revisions to the 2006 official plan are shown in red-line/strikeout format. Existing provisions are shown in regular black font.



It is anticipated that further revisions and reorganization will occur following the public open house and public meeting.



Mapping revisions to be completed will include the following: o

Schedule A

o

Schedule A-1

o

Schedule B

o

(other schedules)

TOWN OF GRAVENHURST OFFICIAL PLAN

TABLE OF CONTENTS

SECTION A – INTRODUCTION...................................................................................... 1 A1 INTENT OF THE PLAN 1 A2 VISION 1 A3 BACKGROUND INFORMATION 3 A4 STRUCTURE OF THE PLAN 3 A4.1 The Basis ..................................................................................... 3 A4.2 Goals and Objectives.................................................................... 3 A4.3 Land Use Designations................................................................. 3 A4.4 Environment Policies .................................................................... 4 A4.5 Transportation and Utilities ........................................................... 4 A4.6 Implementation and Interpretation ................................................ 4 A5 COMMUNITY STRUCTURE 4 A6 SUSTAINABILITY AND HEALTHY COMMUNITIES 5 A6.1 Sustainability ................................................................................ 5 A6.2 Healthy Communities.................................................................... 6 SECTION B – GOALS AND OBJECTIVES .................................................................... 1 B1 GROWTH MANAGEMENT 1 B1.1 Goal.............................................................................................. 1 B1.2 Objectives..................................................................................... 1 B2 NATURAL ENVIRONMENT 2 B2.1 Goal.............................................................................................. 2 B2.2 Objectives..................................................................................... 2 B3 ECONOMIC DEVELOPMENT 3 B3.1 Goal.............................................................................................. 3 B3.2 Objectives..................................................................................... 4 B4 CULTURAL HERITAGE 5 B4.1 Goal.............................................................................................. 5 B4.2 Objectives..................................................................................... 5 B5 TRANSPORTATION, SERVICES AND INFRASTRUCUTRE 5 B5.1 Goal.............................................................................................. 5 B5.2 Objectives..................................................................................... 6 B6 MINERAL AGGREGATE RESOURCES 7 B6.1 Goal.............................................................................................. 7 B6.2 Objectives..................................................................................... 7 B7 ENERGY CONSERVATION 7 B7.1 Goal.............................................................................................. 7 B7.2 Objectives..................................................................................... 7 SECTION C – GRAVENHURST URBAN CENTRE ....................................................... 1 C1 IDENTIFICATION 1 C2 GOAL 1

C3 C4 C5 C6

OBJECTIVES 1 LAND USE DESIGNATIONS AND PERMITTED USES 2 GENERAL DEVELOPMENT POLICIES 2 URBAN RESIDENTIAL DESIGNATIONS 3 C6.1 Definition ...................................................................................... 3 C6.2 Identification and Designation ....................................................... 4 C6.3 General Residential Development Policies ................................... 4 C6.3.1 Medium and High Density Housing Location ............... 5 C6.3.2 Infill and Intensification ................................................ 5 C6.3.3 Affordable Housing ...................................................... 6 C6.3.4 Development Phasing ................................................. 6 C6.3.5 Special Needs Housing ............................................... 6 C6.3.6 Group Homes .............................................................. 7 C6.3.7 Residential Design ...................................................... 7 C6.3.8 Non-residential Uses ................................................... 7 C6.4 Muskoka Beach Area.................................................................... 9 C6.5 Urban Residential Area................................................................. 9 C6.6 Waterfront Area – Serviced......................................................... 10 C7 COMMERCIAL DESIGNATIONS 10 C7.1 Definition .................................................................................... 10 C7.2 Identification and Designation ..................................................... 10 C7.3 General Commercial Development Policies ................................ 11 C7.4 Central Business District Area .................................................... 14 C7.5 Gateway Commercial Area ......................................................... 16 C7.6 Highway Commercial Area ......................................................... 17 C7.7 Urban Mixed Use Waterfront Area .............................................. 18 C7.8 Urban Resort Commercial Area .................................................. 25 C7.8.1 General Policies ........................................................ 25 C7.8.2 Urban Resort Commercial Area – Muskoka Bay ....... 25 C7.8.3 Urban Resort Commercial Area – Taboo) Expansion 26 C8 EMPLOYMENT DESIGNATIONS 32 C8.1 Definition .................................................................................... 32 C8.2 Identification and Designation ..................................................... 32 C8.3 General Development Policies .................................................... 33 C8.4 Business Area ............................................................................ 34 C8.5 Industrial Area ............................................................................ 35 C9 INSTITUTIONAL DESIGNATIONS 36 C9.1 Definition .................................................................................... 36 C9.2 General Development Policies .................................................... 36 C9.3 Muskoka Centre ......................................................................... 37 C10 URBAN OPEN SPACE AREA DESIGNATIONS 38 C10.1 Definition .................................................................................... 38 C10.2 Identification and Designation ..................................................... 38 C.10.3 General Development Policies .................................................... 39 C11 NATURAL HERITAGE AREA 40 SECTION D – WATERFRONT ....................................................................................... 1 D1 IDENTIFICATION 1 D2 GOAL 1 D3 OBJECTIVES 2

D4 D5 D6 D7 D8 D9 D10 D11

PERMITTED USES 3 RESIDENTIAL DEVELOPMENT POLICIES 3 TOURIST COMMERCIAL DEVELOPMENT 5 SERVICE COMMERCIAL USES 6 PARKLAND AND NATURAL AREAS 6 NATURAL HERITAGE AND OPEN SPACE AREAS 7 TRENT SEVERN WATERWAY 7 PRESERVATION OF VEGETATION AND PROVISION OF SHORELINE SETBACKS 7 D12 CHARACTER OF THE SHORELINE ENVIRONMENT 8 D13 EXISTING UNDERSIZED LOTS 9 D14 LOT CREATION 9 D15 LAKE MANAGEMENT PLANS AND STRATEGIES 11 D16 LAKE STEWARDSHIP 12 D17 LAKE SPECIFIC POLICIES 12 D17.1 Kahshe Lake and Bass Lake ...................................................... 12 D17.1.21 Home Occupations .................................................... 16 D17.1.22 Site Plan .................................................................... 17 D17.2 Three Mile Lake .......................................................................... 18 D17.3 Muldrew Lake ............................................................................. 18 SECTION E – RURAL .................................................................................................... 1 E1 RURAL AREA 1 E1.1 Identification ................................................................................. 1 E1.2 Goal.............................................................................................. 1 E1.3 Objectives..................................................................................... 1 E1.4 Permitted uses.............................................................................. 2 E1.5 General Development Policies ...................................................... 2 E1.6 Land Division ................................................................................ 4 E2 RECREATION AREA 5 E2.1 Identification ................................................................................. 5 E2.2 Goal.............................................................................................. 5 E2.3 Objectives..................................................................................... 6 E2.4 Permitted Uses ............................................................................. 6 E2.5 General Development Policies ...................................................... 6 E2.6 Golf Courses ................................................................................ 6 E2.7 Campgrounds ............................................................................... 7 E3 HIGHWAY 11 SPECIAL CHARACTER AREA 7 E3.1 Identification ................................................................................. 7 E3.2 Goal.............................................................................................. 8 E3.3 Objectives..................................................................................... 8 E3.4 Permitted Uses ............................................................................. 8 E3.5 General Development Policies ...................................................... 9 E4 AIRPORT INDUSTRIAL AREA 10 E4.1 Identification ............................................................................... 10 E4.2 Permitted Uses ........................................................................... 10 E4.3 General Development Policies .................................................... 11 E5 NATURAL HERITAGE AND OPEN SPACE AREA 12 E6 NEAR COMMUNITY AREA 12

SECTION F – RURAL SETTLEMENT AREA ................................................................. 1 F1 IDENTIFICATION 1 F2 GOAL 1 F3 OBJECTIVES 1 F4 PERMITTED USES 1 F5 GENERAL DEVELOPMENT POLICIES 2 F6 NATURAL HERITAGE AND OPEN SPACE AREAS 3 SECTION G – NATURAL HERITAGE AREA ................................................................. 1 G1 IDENTIFICATION 1 SECTION H – OPEN SPACE AREA .............................................................................. 1 H1 IDENTIFICATION 1 H2 GOAL 1 H3 OBJECTIVES 1 H4 PERMITTED USES 1 H5 GENERAL DEVELOPMENT POLICIES 1 SECTION I – NATURAL HERITAGE AND ENVIRONMENT .......................................... 1 I1 IDENTIFICATION 1 I2 GOAL 1 I3 OBJECTIVES 1 I4 APPLICATION 2 I5 PERMITTED USES 4 I6 SPECIFIC ENVIRONMENTAL FEATURES 4 I6.1 Wetlands ...................................................................................... 4 I6.2 Deer Wintering Areas ................................................................... 7 I6.3 Fish Habitat .................................................................................. 8 I6.4 Habitat of threatened and endangered species .......................... 11 I6.5 significant wildlife habitat ............................................................ 12 I6.6 Significant Forest Areas .............................................................. 13 I6.7 Other Forested Areas ................................................................. 14 I6.8 Flood Plains ................................................................................ 14 I6.9 Steep Slopes and Ravines ......................................................... 15 I6.10 Boat Channel Protection Areas ................................................... 15 I6.11 Lake Capacity ............................................................................. 16 I6.12 Water Quality .............................................................................. 26 I6.14 Water Quantity............................................................................ 28 I6.15 Waste Disposal Sites/Waste Disposal Assessment Areas .......... 29 I6.16 Aggregate and Mineral Resources.............................................. 30 I6.17 Archaeological Resources .......................................................... 32 I6.18 Heritage and Cultural Resources ................................................ 32 I6.19 Minimum Distance Separation Formulae .................................... 33 I6.20 Muskoka Airport Influence Area .................................................. 33 I6.21 Muskoka Heritage Areas ............................................................ 33 I6.22 Setback From High Water Mark .................................................. 34 I6.23 Peat Extraction ........................................................................... 34 I6.24 Storm Water Management .......................................................... 34 I6.25 Compatibility ............................................................................... 35 I6.26 Agricultural Livestock Operations................................................ 36 I6.27 Open Space, Parkland, and Environmental Protection ............... 36

I6.28 Technical Reports....................................................................... 37 I6.29 Environmental Impact Statement ................................................ 37 I6.30 Site Evaluation Reports .............................................................. 39 I6.31 Adjacent Lands ........................................................................... 40 SECTION J – INFRASTRUCTURE ................................................................................ 1 J1 GENERAL POLICIES 1 J2 TRANSPORTATION INFRASTRUCTURE 2 J2.1 Provincial Highways...................................................................... 2 J2.2 District of Muskoka Roads ............................................................ 2 J2.3 Municipal Roads ........................................................................... 3 J2.3.1 Arterial Roads ............................................................. 3 J2.3.2 Collector Roads ........................................................... 3 J2.3.3 Local Roads ................................................................ 3 J2.3.4 Seasonal Roads .......................................................... 3 J2.3.5 Unmaintained Roads ................................................... 3 J2.3.6 Private Roads.............................................................. 4 J2.3.7 Road Allowances......................................................... 4 J2.3.8 Land Acquisition .......................................................... 5 J3 SEWAGE AND WATER SERVICES 5 J3.1 General......................................................................................... 5 J3.2 Urban Service Area Boundary ...................................................... 6 J3.3 Communal Services...................................................................... 8 J4 WATERWAYS 8 J5 ACTIVE TRANSPORTAION, RECREATIONAL TRAILS, PEDESTRIAN AND BICYCLE ACCESS 8 J6 RAILWAY CORRIDORS 9 J7 UTILITY CORRIDORS AND FACILITIES 10 J8 COMMUNICATION TOWERS 11 J9 GREEN ENERGY PLANNING 11 SECTION K – IMPLEMENTATION AND INTERPRETATION ........................................ 1 K1 INTRODUCTION 1 K2 OFFICIAL PLAN REVIEW AND AMENDMENTS 1 K2.1 Official Plan Review ...................................................................... 1 K2.2 Official Plan Amendments ............................................................ 1 K2.3 Secondary Plans .......................................................................... 2 K3 ZONING BY-LAWS 3 K3.1 Comprehensive Zoning By-law ..................................................... 3 K3.2 Temporary Use By-laws ............................................................... 4 K3.3 Interim Control By-laws ................................................................. 5 K3.4 Holding Provisions ........................................................................ 5 K3.5 Non-Conforming Uses .................................................................. 6 K3.5.1 Intent of the Official Plan ............................................. 6 K3.5.2 Committee of Adjustment ............................................ 6 K3.5.3 Implementing Zoning By-law ....................................... 7 K3.6 Non-Complying Buildings, Structures or Lots ................................ 7 K4 SITE PLAN CONTROL 8 K5 DESIGN GUIDELINES 9 K6 COMMUNITY IMPROVEMENT 9 K6.1 Definition and Identification ......................................................... 10

K7 K8 K9 K10 K11 K12 K13 K14 K15 K16 K17 K18 K19 K20 K21 K22 K23

K6.2 Purpose of Community Improvement Initiatives ......................... 11 K6.3 Community Improvement Plans ................................................. 12 K6.4 Implementation Methods ............................................................ 13 K6.5 EXISTING COMMUNITY IMPROVEMENT PLANS ................... 16 HERITAGE CONSERVATION DISTRICT 16 DEVELOPMENT PERMIT SYSTEM 16 PUBLIC NOTICE AND ALTERNATIVE PROCEDURES 23 ALTERNATIVE NOTICE PROCEDURES 23 MERGED LOTS 24 EXCEPTION TO LOT SIZES 24 BOUNDARIES 25 DEFINITIONS 25 MONITORING 26 PUBLIC USES 26 APPLICATIONS IN PROGRESS 26 PORTIONS OF THE PLAN COMING INTO EFFECT 27 LEGISLATION 27 COMPLETE APPLICATIONS AND PRE-CONSULTATION REQUIREMENTS 27 PARKLAND DEDICATION 29 DARK SKY FRIENDLY LIGHTING & DESIGN 30 MUNICIPAL INITIATIVES 30 K23.1 Downtown Revitalization ............................................................. 30 K23.2 Parks and Urban Forestry ........................................................... 30 K23.3 Accessibility ................................................................................ 31

SECTION A – INTRODUCTION A1.1

INTENT OF THE PLAN

A1.1.1

The basic intent of this Official Plan is to guide future development to areas where it is most suited, to foster and protect the health, well-being and quality of life of its residents and visitors and to protect the environment of the Town in order to preserve, protect and enhance the character and economy of the Town.

A1.1.2

The Official Plan is intended to form the foundation for decision-makers, including Council and government agencies. This Official Plan is also intended to provide members of the public with a sense of assurance as to the future development of their lands and the lands around them. The policies of this Official Plan are intended to clearly describe development policies and the plans of the Town and to delineate a future development plan for the Town. In addition, this Plan will guide public works and other capital investments of the Town.

A1.1.3

This Official Plan is intended to manage land use change in a manner that has the greatest positive impact on the Town while ensuring the sustainability of the environment and the character of the community and universal accessibility. This Official Plan establishes the pattern which development within the Town of Gravenhurst should follow until 2026 2036.

In accordance with the Planning Act, this Plan will be reviewed at least every ten five years to determine whether the basis has changed and whether the Official Plan continues to manage change and growth in the Town.

A1.2

VISION

A1.2.1

The Town’s vision for a sustainable future was established through extensive consultation as part of its strategic planning efforts in 2015.

A1.2.2

The Official Plan reflects the adopted Vision Statement and Mission Statement: Vision Statement: Gravenhurst will be the Muskoka destination. The most innovative community in Ontario – clean, green, intelligent and sustainable.

Mission Statement: Preserving and enhancing quality of life in Gravenhurst through exceptional and responsible municipal service deliver.

A1.2.3

The importance of the Town as a Quality Lifestyle Community is recognized, as is an endorsement of the four pillars of sustainability: social cohesion, environmental resilience, economic health and cultural vitality.

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A1.2.4

The Strategic Plan identifies five strategic goals to ensure that the community vision will be fulfilled over the next 20 years: 

   

Build economic and employment opportunities, including through a more diverse economy with more year round employment opportunities; Build a safer, healthier and more environmentally sustainable community; Build partnerships, connections and connectivity; Build cultural capital; and Provide better municipal service.

A1.2.5

Over the next 20 years the Town of Gravenhurst will experience more growth and development than any other period in its history. The Town will manage growth in a manner that balances the protection of the unique and sensitive Gravenhurst environment with the economic opportunities that that environment provides.

A1.2.6

This Plan recognizes that the economy of the Town has historically been based on the surrounding natural resources, lakes, tourism and the high quality of the environment. Protection of the environment is critical to the maintenance and enhancement of a healthy economy.

A1.2.7

It is anticipated that many seasonal residents will seek to retire to their waterfront homes and eventually seek housing and services in the urban area. Changing demographics requires the Town to provide a wide range of housing types and tenure and ensure that all developments are accessible to all members of the community.

A1.2.8

The transportation connections in the Town including air, rail, road and water provide the greatest opportunities to encourage the development of industry and commerce that will provide full-time employment for residents.

Providing full municipal services to the major employment areas will maximize opportunities for employment growth in the Town.

A1.2.9

The natural beauty of the lakes, shorelines and environmental features of the Town provide numerous destinations for seasonal and permanent residents to enjoy. Since most of the more easily developed shoreline lands have already been developed, redevelopment providing enhanced tourist facilities and upgraded vacation properties will be a major component of the development in shoreline areas. Opportunities for environmental enhancement through redevelopment will result in improvements to water quality and the environmental health of shoreline areas.

A1.2.10

A vibrant Central Business District Area, connected to attractive Urban Mixed Use Waterfront Areas on Lake Muskoka and Gull Lake will create a core of the Town that will provide choices and opportunities that will continue to attract tourists, residents and business to the community.

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A1.3

BACKGROUND INFORMATION

A1.3.1

This The 2005 Official Plan has been was developed based on detailed background studies and information provided by Provincial Ministries, the District of Muskoka and the Town. In addition, this Plan has been prepared after considerable public consultation with the residents of the community.

A1.3.2

The 2016 Official Plan is the result of a review of the 2005 Plan, and reflects changes to Provincial, District and local priorities.

A1.3.3

This Official Plan has been prepared to be consistent with the Provincial Policy Statement (20052014) of the Province of Ontario.

This Plan replaces the Official Plan that was adopted by Council in May 1998.

A1.4

STRUCTURE OF THE PLAN

A1.4.1

THE BASIS This section describes the primary facts and issues that were considered when this Plan was prepared, and the basic assumptions, observations and forecasts that have been derived from a comprehensive background study and extensive public input. This section is included to provide an understanding of the circumstances that the policies of the Plan are intended to address.

A1.4.2

GOALS AND OBJECTIVES The Goals and Objectives establish the founding policies on which more detailed policies in the Plan are based. The Goals identify the primary intent of the policies in the Plan. The Objectives provide greater detail regarding the desired results of the policies.

The Goals and Objectives found in Section B of this Plan apply across the entire Town. Additional Goals and Objectives are found in subsequent sections of the Plan where they relate to specific land use designations.

A1.4.3

LAND USE DESIGNATIONS The designations on Schedules A and A-1 depict identify the future land use for the Town. The policies in this section describe how development will occur within each land use designation.

As more detailed land use studies and Secondary Plans are completed following the adoption of this Plan additional “C’ series Schedules may be added to this Plan by formal Official Plan Amendment.

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A1.4.4

ENVIRONMENT POLICIES The Environment Policies included in Section I are to be applied throughout the Town for all development proposals, including public works. This section establishes criteria that must be satisfied prior to any land use planning approvals being granted. The criteria relate to the form of development and the relationship between development and the natural and social environment of the Town.

Schedule B depicts identifies natural and man-made features that must be considered through the development process.

A1.4.5

TRANSPORTATION AND UTILITIES The Transportation and Utilities Policies in the Plan provide guidance for future transportation services and utilities. These policies apply to all lands in the Town of Gravenhurst.

A1.4.6

IMPLEMENTATION AND INTERPRETATION The Implementation section of this Plan outlines how the planning process in the Town will function and what regulations and planning tools may be used to ensure that development occurs in a manner consistent with the policies of this Plan.

This Plan will be reviewed every five years in accordance with the Planning Act. In addition each Council that is elected shall consult the Vision, Goals and Objectives in this Plan as a basis for establishing strategic actions and priorities.

A1.5

COMMUNITY STRUCTURE

A1.5.1

The Town contains a number of distinct settlements and land uses which have evolved over time and contribute to its unique character and community Structure.

A1.5.2

The following designations comprise the Community Structure of Gravenhurst: a) b) c) d)

A1.5.3

Gravenhurst Urban Centre; The five Rural Settlement Areas – Severn Bridge, Kilworthy, Kluey’s Bay, Housey’s Rapids and Barkway; The Waterfront Area; The Rural Area.

The structure is overlain by an evolving and interconnected Natural Heritage system.

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A6

SUSTAINABILITY AND HEALTHY COMMUNITIES

A6.1

SUSTAINABILITY

A6.1.1

The concept of a sustainable community is one that directs growth to wellplanned built-up areas. Compact development within urban centre is key to growth management in the Town. In managing growth for the next 20 to 30 years, the Town will continue to direct growth to the urban centre and maintain a balance of residential and employment opportunities.

A6.1.2

A sustainable community balances social well-being, resource protection, economic opportunities and environmental responsibility to meet the needs of the present without compromising the quality of life for future generations.

A6.1.3

Sustainability is achieved through a variety of initiatives that can include: a) b) c) d) e) f) g) h) i)

A6.1.4

promoting environmental stewardship and sustaining a healthy natural environment; conservation of rural and natural landscapes; providing choices and opportunities for housing, employment, transportation, social, recreational and cultural amenities; building on the existing employment strengths within the Town to generate economic prosperity; making efficient use of infrastructure by focusing on a compact, mixed-use, walkable, and connected community; having a vibrant downtown and attractive public spaces; enhancing the existing sense of place and small town character; promoting land stewardship and local food initiatives; promoting the adaptive re-use of existing buildings and structures and the redevelopment of brownfields and greyfields throughout the Town.

The Ttown may prepare a municipal sustainability plan and may develop sustainable development standards, in consultation with the development industry, to establish and implement the principles of environmental, social and economic sustainability, including approaches to: a)

reducing energy demands;

b)

designing development to optimize passive solar energy;

c)

encourage on-site, renewable energy generation and cogeneration and district energy systems;

d)

maximize water conservation, including water efficient landscaping and collection and reuse of clean water;

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e)

providing appropriate stormwater infiltration at source;

f)

integrating green roofs into energy and water conservation strategies;

g)

providing for collection and storage of recyclable wastes on site;

h)

integrating active transportation and transit into development plans; and

i)

maintaining and enhancing natural heritage and hydrological features and functions.

A6.1.5

Prior to the preparation of a sustainability plan, applicants may be required to submit a report identifying measures to ensure that the development complies with the initiatives noted above.

A6.2

HEALTHY COMMUNITIES

A6.2.1

Healthy neighbourhoods and communities form the basis of everyday life in the Town, from housing to community services, arts and culture and heritage. Components of healthy communities in the Town include: a)

b) c) d) e) f)

A6.2.2

development of a vibrant, walkable, complete community with a mix of housing, jobs, parks, shops and services in close proximity to each other, particularly in the urban centre; retention of schools and family supportive institutions; a range of quality housing choices and locations to meet the needs of people in all stages of life; community design and heritage guidelines to ensure growth enhances the built character of the Town; maintaining the Town’s scenic beauty; and investment in the public realm, including enhanced public access to the waterfront, to improve quality of life and attract investment.

Development proponents will be required to identify the extent to which they contribute to the promotion of a healthy community.

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SECTION B – GOALS AND OBJECTIVES B1

GROWTH MANAGEMENT

B1.1

GOAL

B1.1.1

To reflect and support the ongoing viability of the community structure of Gravenhurst, which consists of the Gravenhurst Urban Centre, five rural settlements (Kilworthy, Severn Bridge, Kluey’s Bay, Barkway and Housey’s Rapids), the Rural Area and Waterfront Area, to promote the sustainable efficient use of land in these areas and ensure the protection of the significant environmental features in the Town.

To direct the majority of residential development to areas with full municipal services and facilities and to promote the efficient use of land in these areas. The Rural Areas and the Waterfront Areas of the Town, will experience limited growth.

B1.2

OBJECTIVES a)

To direct the majority of new permanent residential and employment growth to the fully serviced Urban Centre.

b)

To permit development in identified Community AreaRural Settlement Areas through infilling and minor expansions of existing residential areas within the community boundary.

c)

To provide sufficient land designated for residential development to accommodate a minimum of a ten year supply of land and to maintain at least a three year supply of approved or draft plan approved residential lots.

d)

To allocate permanent residential growth to 2041 in accordance with the following targets guidelines.

Allocation of Residential Growth Percent

Units Required

Gravenhurst Urban Centre

80%67%

8441555

Rural, and Community and Waterfront Areas

10%30%

105695

Waterfront Areas – anticipated conversions from seasonal to permanent

10%3%

10570

Total

2320

Source: District of Muskoka Growth Strategy, 2013 Phase 2 Update, January 10, 2014, Watson & Associates Economists Ltd. Town of Gravenhurst Official Plan DRAFT Official Plan 2016

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e)

To recognize the continued growth in the seasonal/second home market, up to 460 units by 2041, primarily in the Waterfront Areas and in resort related residential development.

f)

To encourage the efficient use of land in the urban area, and to require the phasing of development in a logical and barrier-free manner where appropriate.

fg)

To anticipate employment growth and accommodate up to 1,690 new employees by 2041, of which 8% will be work at home; 14% will be industrial; 13% will be institutional and 65% will be commercial/population related. seek an employment to population ratio of 1.4 over the lifetime of this Plan. This will require the creation of 700 new jobs and the development of approximately 28 hectares of new employment lands.

gh)

To designate sufficient lands for employment uses and to provide opportunities and options for a variety of employment uses throughout the Town.

hi)

To guide rural land uses in a manner that reflects the character of the rural area, respects protects natural heritage features and systems, and encourages the wise use or management of natural resources and, resource-based recreational activities.

ij)

To To encourage limit growth in sensitive Waterfront Areas inthat order to maintains and or enhances the environmental qualities and natural character of the Waterfront Areas.

j)

To provide guidelines for the redevelopment of lands to seek to improve the quality of development and the environment.

B2

NATURAL ENVIRONMENT

B2.1

GOAL Significant The natural heritage features and areas and ecological functions of in the Town will be protected and enhanced.

B2.2

OBJECTIVES a)

To identify all significant environmental features and associated ecological functions and ensure their protection.

b)

To require that all development be planned and designed to protect, maintain and enhance water related resources within the watersheds in the Town.

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c)

To protect and improve water quality and hydrological characteristics, functions and processes of watercourses, lakes, aquifers and wetlands that have been impacted by human activity.

d)

To retain and, wherever possible, provide for biodiversity and connections between significant natural features and areas, habitats and the ecological functions they provide.

e)

To maintain and protect significant wildlife habitat, habitat corridors, fish habitat and the habitats of endangered and threatened species.

f)

To minimize fragmentation of the lands where significant natural features and areas exist.

g)

To direct development to suitable areas where significant natural heritage features do not exist.

h)

To preserve the ability to see the stars in the sky at night as an important and unique characteristic of the Town of Gravenhurst and Muskoka.To preserve the dark night sky by minimizing excess lighting and light trespass from public and private developments.

i)

To preserve the natural landscape features such as forested lands and bedrock barrens.

j)

To encourage the protection of the Town’s natural attributes, such as its rural character, water quality of its lakes and rivers as well as other natural heritage features in order to ensure that the recreational and tourism uses that rely upon these attributes continue to thrive.

j) To preserve the dark night sky by minimizing excess lighting and light trespass from public and private developments.

B3

ECONOMIC DEVELOPMENT

B3.1

GOAL To expand opportunities for economic development and the growth of year round employment opportunities in Gravenhurst, while recognizing the extent to which the economy relies on the natural environment and the need to balance economic development with protection of the natural environment.

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B3.2

OBJECTIVES a)

To recognize that protection of the natural environment, natural heritage features and character of the Town is critical to the economic health of the community.

ba)

To establish, maintain and enhance commercial and Employment Areas that provide a range of barrier free job opportunities with a broad range of commercial and industrial sector facilities together with associated service facilities.

cb)

To encourage the protection of the Town’s natural attributes, such as its rural character, water quality of its lakes and rivers as well as other natural heritage features in order to ensure that the recreational and tourism uses that rely upon these attributes continue to thrive. It is essential that there beTo promote barrierfree access to employment uses, tourist facilities, parks and open spaces and local business in order to expand opportunities for residents and visitors to participate in the Town’s economy.

dc)

To promote the development of educational facilities in the Town.

ed)

To encourage the development of year-round employment opportunities in the Town in all economic sectors.

fe)

To encourage the development of those community facilities that will attract new employers and employees to locate in Gravenhurst.

gf)

To ensure that a sufficient supply of employment lands is available for development at all times.

hg)

To encourage the extension of full municipal services, transportation, hydro-electric power and communication networks to existing and future employment lands within the Gravenhurst Urban Centre.

ih)

To recognize and enhance the availability of rail, road, air and water transportation modes as key elements in the economic development of the Town, and to recognize the need for other infrastructure including high quality internet and fibre optics. .

ji)

To encourage the development of lands and buildings to provide opportunities for existing businesses to grow, expand, and be sustainable.

kj)

To encourage the development of home-based businesses provided the proposed use is compatible with adjacent land uses.

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lk)

To provide opportunities to improve and enhance the quality of tourist facilities and the variety of tourism related business in the Town.

ml)

To recognize the importance of cottages and seasonal residents to the economy of the area and to .recognize the role of the second home sector in employment generation.

nm)

To support the growth of new and existing business in the Town.

on)

To support initiatives for the production of food as part of a sustainable local food system.

B4

CULTURAL HERITAGE

B4.1

GOAL To identify, conserve and enhance the Town’s cultural heritage resources whenever practical and to ensure that all new development and redevelopment occurs in a manner that respects and preserves the Town’s publicly-owned cultural heritage and is universally accessible to all residents and visitors.

B4.2

OBJECTIVES a)

To encourage the development of a comprehensive inventory of the Town’s built heritage and cultural heritage landscape resources.

b)

To use cultural heritage resources to attract additional economic development, increase tourism opportunities and enhance the character of the Town.

c)

To ensure that the nature and location of cultural heritage and archaeological resources are known and considered before land use decisions are made.

d)

To protect and, where possible, preserve to the greatest degree possible, the Town’s cultural and built heritage resources.

e)

To encourage development that is adjacent to significant cultural heritage resources to be of an appropriate and compatible scale and character.

B5

TRANSPORTATION AND, SERVICES AND INFRASTRUCUTRE

B5.1

GOAL To ensure that all municipal services and other public and private infrastructure meet the needs of present and future residents and

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businesses in an efficient, accessible and environmentally and culturally sensitive manner.

B5.2

OBJECTIVES a)

To ensure that all of the necessary services required to serve and support development are available to meet the demands of all present and future residents within the financial ability of the Municipality Town to provide services.

b)

To establish an integrated transportation system that safely and efficiently accommodates various modes of transportation including rail, automobiles, trucks, cycling and walking, snowmobiles, recreational vehicles, and boats.

c)

To protect the continued viability and capacity of the rail corridors, including supporting strategic infrastructure improvements in support of the economic development function of railways.

d)

To ensure that all development is appropriately serviced with potable water and sewage services.

e)

To ensure that public and privately serviced developments will have no significant impact on water quality or quantity.

f)

To participate, where it is financially feasible, in municipal, District or inter-municipal transit programs.

g)

To give development priority to those lands that are easily and efficiently serviced in the Urban Area.

h)

To ensure that the character of rural roads is maintained during road improvements and upgrades.

i)

To promote the continued and expanded use of the airport and surrounding lands for economic development.

j)

To encourage the development of high-speed internet access throughout the Town.

k)

To increase the accessibility of lands and buildings in the Town for disabled persons.

l)

To encourage recycling and reduction of waste and waste products; and

m)

To support and promote safe active transportation as a priority travel option throughout the Town.

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B6

MINERAL AGGREGATE RESOURCES

B6.1

GOAL It is the goal of this Plan tTo ensure that mineral aggregate resources are protected for long-term use while ensuring that extraction occurs in a manner that has minimal impacts on the environment and character of the Town.

B6.2

OBJECTIVES a)

To ensure that the mineral aggregate resources in the Town are available to supply mineral aggregate needs.

b)

To require the proper management of mineral aggregate operations to minimize potential negative environmental and social impacts.

c)

To establish an appropriate regulatory By-law to manage and control aggregate operations including hours of operations, signage, truck routes, control of dust, rehabilitation and other operational matters. To ensure mineral aggregate operations are appropriately licenced and regulated in accordance with the Aggregate Resources Act.

d)

To encourage the Province to consider the Town’s policy and regulatory requirements when reviewing and approving applications for pits and/or quarries located on Crown Land.

e)

To protect the quality of unique landscapes and natural heritage features. where other, more suitable areas for resource extraction exist.

B7

ENERGY CONSERVATION

B7.1

GOAL To encourage the wise use of energy resources and encourage the development and the maintenance of renewable energy sources.

B7.2

OBJECTIVES a)

To provide for the development of public and private alternative energy sources in a manner that minimizes impact on the visual or environmental qualities of the Town.

b)

To encourage energy conservation through energy efficient building design, as well as planning objectives that promote safe pedestrian and cycling activities in the Town and reduce the dependence on automobiles for travel.

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c)

To promote renewable energy systems, conserve energy and protect air quality.

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SECTION C – GRAVENHURST URBAN CENTRE POLICIES C1

GRAVENHURST URBAN CENTRE

C1.1

IDENTIFICATION

C1.1

The Gravenhurst Urban Centre will be the focus of the majority of growth and development throughout the period of this Plan. The Gravenhurst Urban Centre provides a nucleus for a full range of community services, facilities and development at a density that will make the most efficient use of municipal services and infrastructure, conserve energy and provide an affordable living environment.

C1.2

The boundaries of the Gravenhurst Urban Centre are shown on Schedule A of this Plan.

C1.2C2

GOAL

C2.1

It is the goal of this Plan Tto direct the majority of new development to the Gravenhurst Urban Centre while maintaining and enhancing it’s character and creating a sustainable, complete, liveable barrier-free and attractive community for residents and visitors to enjoy.

C1.3C3

OBJECTIVES a)

To direct development, including intensification and infilling, within the Gravenhurst Urban Centre boundaries.

b)

To ensure new development is integrated into the fabric and built character of the existing community in as compact a manner as is possible and at a relatively high density.

c)

To ensure that a minimum ten year supply of land is designated and available for residential development and employment lands.

d)

To enhance the economic viability, historic character, and attractiveness of the built form of the Central Business District Area.

e)

To encourage a variety of housing options to be available in the Gravenhurst Urban Centre in accordance with the Growth Management objectives.

f)

To provide connectivity between various focal points in the Town through an open space and pedestrian trail system.

g)

To enhance the natural and physical character of the Gravenhurst Urban Centre through tree preservation, landscaping and attractive urban design.

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h)

To preserve the dark night sky by preventing excess lighting and light trespass from public and private developments.

C1.4C4

LAND USE DESIGNATIONS AND PERMITTED USES

C4.1

The Gravenhurst Urban Centre shall will develop as a complete, sustainable community with a full range of residential, commercial, industrial, institutional and open space uses. The Gravenhurst Urban Centre is divided into a number of specific designations indicated in Sections C1.6 to C111.10. Specific permitted uses are identified for each designation.

C4.2

Land uses will generally be arranged to facilitate the development of compact, pedestrian-friendly and mixed-use neighbourhoods that fulfil most ordinary human needs, including those of transportation; as we as reflecting unique characteristics and qualities of a place, such as its history, physical traits, natural environments, patterns of human behaviour and seasonal variations.

C4.3

Land use and development will be planned using a complete streets approach considering the needs of all users – pedestrians, bicyclists, motorists and transit riders of all ages and abilities, and will give priority to street connectivity and active transportation infrastructure.

C1.5C5

GENERAL DEVELOPMENT POLICIES

C5.1

All dDevelopment in the Gravenhurst Urban Centre shall will generally be serviced by piped municipal water and sanitary sewage services, except as outlined in Section J5 J3 of this Plan.

C5.2

Unless specified elsewhere in the Plan, new lots shall have frontage on a publicly year- round maintained road.

C5.3

Development shall occur as a logical and orderly extension of the existing built areas and at a scale that is appropriate based on the availability of infrastructure and recreational services.

The Town shall maintain at all times a minimum ten year supply of designated land to meet the needs of residential, commercial, employment and institutional lands and will work with the District of Muskoka to ensure that piped municipal services are available to those lands.

C5.4

New development and redevelopment through intensification and infilling will be designed to provide connectivity for pedestrian and vehicular traffic.

C5.5

Where new development occurs adjacent to existing development, the new development shall be designed in a manner that reflects existing built form, including such matters as height, building mass and character. Where new development proposes increased densities as encouraged by this Plan, the

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development shall be designed to provide either a transition between existing development and new development, where practical, or design features that mitigate potential impacts between the new and existing development. a transition between existing development and new development, .

New mobile home parks will be discouraged and will require an Amendment to this Plan.

C5.6

All dDevelopment shall be designed to reflect an urban scale, while respecting and incorporating, where feasible, in a manner that protects the physical and environmental qualities that define the character of the Town.

In general, sSteep rock outcrops, and significant wetlands and watercourses shall be protected from development. New development located within significant forested areas shall may require the retention of significant vegetative buffers.

Lighting shall be designed to limit light trespass to other lands and the dark sky.

It is the intent of this Plan to preserve the character of the lands that have historically been developed as low density waterfront residential areas on private services. Despite the availability of full municipal services within this designation, new development shall maintain the basic lot pattern and density that existed as of the date of approval of this Plan. The Official Plan policies related to infill and intensification shall not apply to this designation.

C5.7

When reviewing applications for new development, Council shall consider the impact of the proposal on the existing land uses fronting onto Muskoka Bay. In addition to those policies in Section D3, Council shall also consider impacts related to boat traffic, visual impact, noise and environmental impacts during and following construction.

C5.8

New waterfront development shall be subject to the provisions of Section D2.1, Preservation of Vegetation, and Section D2.2, Character of the Shoreline Development, with necessary modifications to reflect the urban scale and nature of the development..

One boathouse per lot having a maximum height of one storey and used only for the storage of marine equipment shall be permitted as an accessory use.

C1.6C6

URBAN RESIDENTIAL DESIGNATIONS

C1.6.1C6.1

DEFINITION

C6.1.1

The Urban Residential designations recognizes those areas in the Town of Gravenhurst that are primarily used for residential purposes.

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C6.1.2

Complementary small-scale commercial uses and institutional land uses may be appropriate where permitted by the Zoning By-law.

C1.6.2C6.2

IDENTIFICATION AND DESIGNATION

C6.2.1

Urban Residential land uses are separated into the following three designations which each represent a distinct development form in the Gravenhurst Urban Centre. a)

Muskoka Beach – is an historic community within the Gravenhurst Urban Centre that was developed on private services and is now on full municipal services or will soon be serviced as such. The primary form of development is detached dwellings.

This designation and the policies herein will protect the unique character of this community.

b)

Waterfront Area – Serviced – the intent of this designation is to recognize waterfront development that was historically developed on private services and is now on full municipal services. This designation will ensure that the existing built form and character is maintained and not intensified beyond the existing character of the Waterfront Area - Serviced.

c)

Urban Residential Area – This area contains the historic residential community as well as new development areas. It is characterized by a mix of housing types and lot sizes consistent with the existing character of development as well as small-scale institutional and convenience commercial uses.

C1.6.3C6.3

GENERAL RESIDENTIAL DEVELOPMENT POLICIES

C1.6.3. 1

Housing Mix and Density

C6.3.1.1

It is the intent of the Town to encourage the development of residential units according to the following housing mix and density:

C6.3.1.2

Percent

Gross Density/uph

Singles/Semis

65%

20

Medium Density

20%

40

High Density

15%

60

Gross Residential Density shall mean the density of residential development in an area including local roads and such other uses as parks and local commercial facilities.

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C1.6.3.2C6.3.21 C6.3.21.1

C6.3.21.2

Medium and High Density Housing Location

The following factors shall be considered when reviewing proposals for any medium and high density housing development: a)

compatibility with the existing land use in the immediate area, historical significance of existing buildings, and the character of the residential area;

b)

where adjacent to low density residential areas, medium and high density housing shall maintain a low or staggered building profile to conform visually to the adjacent residential areas;

c)

buffering from any adjacent low density residential use shall be provided via through increased setbacks and/or significant vegetative plantings/retention;, where site conditions warrant;

d)

suitable landscaping and amenities shall be provided on-site;

e)

close proximity to community facilities such as schools, shopping and recreation facilities;

f)

municipal infrastructure can be made available to accommodate the proposed density of development;

g)

close proximity to arterial or collector roads to minimize traffic congestion and facilitate access to commercial and institutional services; and,

h)

the relationship to proposed future land uses in developing residential areas.

Medium and high density housing shall may be placed in separate zones in the Zoning By-Law. Lands for these uses may be pre-zoned in an effort to encourage and direct development to the most appropriate locations.

Medium and high density housing shall be subject to Site Plan Control in accordance with the Planning Act

C1.6.3.3C6.3.32

Infill and Intensification

C6.3.32.1

The Town will encourage and support the development of new housing through infilling, intensification and redevelopment in existing residential areas provided that the policies of this Plan with respect to compatibility, character and availability of services and infrastructure are met.

C6.3.32.2

The Town will target a minimum 10 percent of all new housing to be developed through this form of development. In addition to the older residential areas of the Town adjacent to the Central Business District Area, intensification and redevelopment within the Central Business District

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Area will be supported in order to meet the residential needs of the community. The implementing Zoning By-law will provide for infill and intensification of these areas as-of-right.

C6.3.32.3

Intensification and infilling within appropriate areas in the Urban Centre may be supported in accordance with community design and applicable land use compatibility criteria of this Plan. The Town supports forms of infilling that use the existing built form, including garden suites and second dwelling units, where the proposed development and reuse is consistent with the policies of this Plan.

C6.3.32.4

The predominant built form for intensification and redevelopment within the existing developed residential areas will be single detached, semidetached, townhouse and low rise apartment buildings.

C6.3.32.5

The provision of affordable housing opportunities is encouraged within infill and intensification opportunities.

C1.6.3.4C6.3.43 C6.3.43.1

Affordable Housing

The Town will encourage the development of housing that is affordable to middle and lower income people and families in the Municipality. In order to provide opportunities for affordable housing units, Council may consider increased densities, smaller dwelling units, various forms of tenure and relief from municipal permits or development fees as well as permit an accessory dwelling unit within a single detached dwelling in all urban designations., except the "Waterfront Area - Serviced" designation.

C1.6C6.3.54 Development Phasing C6.3.54.1

Conditions of draft plan or condominium approval may include specific requirements for phasing of housing types to ensure the development of affordable forms of housing and a range of housing types.

C1.6.3.65

Special Needs Housing

C6.3.65.1

The Municipality Town shall seek to improve access to housing for people with special needs, including assisted housing for low income people, seniors housing and housing for physically and developmentally handicapped individuals.

C6.3.65.2

The Municipality Town shall work with local groups to determine the demand for special needs housing. The Municipality shall support appropriate applications and proposals for special needs housing.

C6.3.65.3

The Town Municipality shall consider alternative approaches to providing housing targeted specifically to the seniors’ population.

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C1.6.3.76

Group Homes

C6.3.76.1

Group homes shall be considered a permitted use in any residential designation or residential zone in the Gravenhurst Urban Centre.

C1.6.3.87

Residential Design

C6.3.87.1

New residential developments, especially subdivision proposals, will be encouraged to be as visually interesting as possible. Approaches to achieving this objective include mixing housing densities, types and styles, as well as varying the location of buildings on lots and the utilization of the natural features of a site.

C6.3.87.2

Where major residential developments are proposed, the Town may impose architectural controls or design guidelines to ensure that the development includes a variety of housing styles and designs while maintaining an attractive and cohesive appearance.

C6.3.87.3

The Town will require the retention of natural vegetation augmented with a high degree of naturalized landscaping on new lots and within the road allowances and open spaces in all developments in order to enhance the natural appearance of the Town.

C1.6.3.98

Non-residential Uses

C6.3.98.1

Small-scale convenience commercial and small-scale institutional uses that service the immediate residential areas are also permitted in the Urban Residential designation. Where not zoned to permit these uses, an Amendment to the Zoning By-law and a Site Plan Agreement shall be required.

C6.3.98.2

When considering a Zoning Amendment and/or Site Plan Control application to permit a non-residential use in the Urban Residential designation, Council shall have regard for the following: a)a)

the establishment of the facility does not have a significant negative impact upon the residential character of the neighbourhood;

b)

the use should be located on a through street with the capacity to handle the increased traffic.

cb)

the traffic generated by the use does not compromise the safety of residents or result in a significant increase in traffic within the surrounding residential area;

cd)

that the establishment of such uses and any associated building does not significantly alter the residential character of the area;

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d)

all requirements of the Zoning By-law are met, including adequate off-street parking;

e)

there is adequate buffering between residential and non-residential uses;

f)

all requirements of the Comprehensive Zoning By-law, including yard setbacks, signage and parking are met; and,

g)

convenience commercial uses shall also be subject to the following criteria: i)

uses shall be limited to those which cater to the day-to-day needs of the residents of a neighbourhood. Automobile related uses and drive-through facilities shall not be considered convenience commercial uses and shall not be permitted;

ii) uses should be concentrated in a single group within a residential area; iii) where convenience commercial uses abut residential lands and/or where direct vehicular access is not available to the residential area from the commercial site, pedestrian access between the two uses should be provided; iv) development should be designed in such a manner as to enhance the overall appearance and character of the residential area in which it is located; v) development shall be setback from adjacent streets a distance which will permit the parking of automobiles clear of any street right-of-way, permit adequate movement of vehicles within such parking areas, and reduce conflict between vehicular and pedestrian traffic; vi) no more than three convenience commercial establishments shall be permitted in one cluster/development; vii) the floor area for an individual convenience commercial establishment shall not exceed 400 m2; and, viii) conversion of dwellings to commercial uses in residential areas may be permitted by Amendment to the Zoning By-law, but only in special cases where the use can be properly integrated into the neighbourhood and adequate facilities such as off-street parking can be provided and are effectively designed.

All non-residential development shall be subject to Site Plan Control as outlined in the Planning Act.

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C1.6.4

MUSKOKA BEACH AREA

C6.4.1

The unique and distinctive community character of Muskoka Beach will be retained, enhanced and fostered. Any proposal to redevelop all or part of the Muskoka Beach community through plan of subdivision or condominium or for uses other than residential dwellings on separate lots will require an Amendment to this Plan. In order to ensure that Muskoka Beach maintains its distinct character, the policies of Section C1.6.3 shall not apply.

Permanent occupation of the residential uses in the Muskoka Beach Area will be permitted where the building meets the requirements of the Ontario Building Code with respect to permanent dwellings and where adequate year-round services are available.

C6.4.2

The development of additional non-residential uses in the residential area of Muskoka Beach shall be discouraged.

C6.4.3

The implementing Zoning By-law shall establish lot size, frontage, lot coverage and setback requirements that will maintain the existing character of Muskoka Beach.

C1.6.5

URBAN RESIDENTIAL AREA

C6.5.1

Within the Urban Residential Area, the predominant use of land shall be for residential dwelling units. Permitted residential uses shall include low density housing such as single detached units, duplex and semi-detached units, medium density triplexes, quadraplexes and townhouses and high density housing including apartments.

C6.5.2

Uses of land which are complementary to and compatible with residential uses shall also be permitted. Such uses include: -

C6.5.3

Parks and Open Space Day Nurseries Home Occupations Convenience Commercial Uses Schools Places of Worship Bed and Breakfast Establishments

Lands described as being Part of Lots 3, 4, and 5, Range West of Muskoka Road, in the former Township of Muskoka, now in the Town of Gravenhurst, abutting the southern boundary of the Gravenhurst Urban Centre are recognized as being a potential future direction for urban development and will be considered for redesignation for such purpose within the Gravenhurst Urban Centre by the Town at the time of a future Comprehensive Official Plan Review.

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C6.6

WATERFRONT AREA – SERVICED

C6.6.1

The character of lands that have historically been developed as low density waterfront residential areas on private services will be preserved. Despite the availability of full municipal services within this designation, new development will maintain the basic lot pattern and density that existed as of the date of approval of this Plan

C6.6.2

Limited intensification and infill, including along shorelines may be permitted where, the quality of the shorelines and the water quality of the lakes is protected. The conversion of existing buildings into small scale multiples residential buildings that continue to reflect the design character of a single detached dwelling and that do not require any additional docking facilities may be permitted subject to approval of a zoning amendment.

C6.6.3

On shoreline lots, one boathouse per lot shall be permitted as an accessory use, subject to the provisions of Section D5.5.

C1.7

COMMERCIAL DESIGNATIONS

C1.7.1

DEFINITION

C7.1.1

In areas designated for commercial development, the predominant use of land shall be for commerce, which is defined as the selling of goods and/or services. Some of the land may be used for other purposes, provided the other uses are compatible with commerce.

C1.7.2

IDENTIFICATION AND DESIGNATION

C7.2.1

Urban commercial activity may occur in several locations in the Town with the primary objective to provide a wide range and choice of goods and services to the Town's residents and visitors. While this Plan designates identifies five types of commercial designations, it is not the intent of the Plan to preclude retail uses of any type in any of the designations, except in very limited circumstances. The extent and nature of commercial uses will be determined by the market. As a result, market impact studies will not be required for commercial development.

C7.2.2

The Town is aware that different forms of retail use have different site requirements. By dividing the retail commercial functions into several designations, this Plan is attempting to recognize the most suitable locations to reduce impacts on surrounding uses due to incompatibility and at the same time provide a regulatory environment that will result in the broadest range of goods and services to the public. a)

The Central Business District Area designation is composed of a wide variety of residential, retail and service commercial uses, as

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well as being the focus for administrative, cultural and recreational activity for the Town.

C1.7.3

b)

The Gateway Commercial Area is intended to provide the opportunity to develop large scale retail uses that require convenient vehicular access, high visibility and space extensive parking areas.

c)

The Highway Commercial Area designation is intended to provide commercial services and facilities to the travelling public or for commercial activities oriented to vehicular traffic which require extensive land areas for structural space, vehicular parking, outdoor storage and display of goods or materials, such as automobile dealerships, nurseries and other uses.

d)

The Urban Mixed Use Waterfront Area designation is a mixed use area that allows for the development of a mix of medium and high density residential uses as well as commercial uses serving the resident and tourist markets. Institutional development is also a permitted use.

e)

The Urban Resort designation reflects areas which have been developed or intended to be developed for large scale tourist resort uses with full piped municipal services subject to special policy provisions.

GENERAL COMMERCIAL DEVELOPMENT POLICIES These policies shall apply to all Commercial designations.

C7.3.1

The Town will not limit the development of commercial or service uses in order to protect the market of existing service or commercial uses. It is the intention of this Plan that the public interest is best served by allowing residents and visitors to decide where to shop.

All new Commercial development shall proceed on the basis of full municipal water and sewage facilities, except as may be provided herein.

C7.3.2

It is the intention that Tthe Central Business District Area will continue to develop as a pedestrian-oriented local retail centre, with an increasing focus on the tourist market. New Commercial development should first examine the Central Business District Area as a viable location to locate.

C1.7.3.1C7.3.2.1 a)

General Design Policies Where possible, existing grades, topographical features, trees, heritage buildings and ecological areas should be protected and incorporated into new development.

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C1.7.3.2.2

b)

New development will generally be required to harmonize with it's surrounding context, while having regard for the protection of scenic views and vistas, continuity of architectural character and texture of the built form, orderly transition to adjacent lands, and the relationship of the spaces between buildings and to the street.

c)

The scale and proportion of new buildings and structures should be appropriate to the general context of the immediate neighbourhood and existing structures.

d)

Buildings or structuresOutside the Central Business District Area, development on untreed sites willshall incorporate extensive landscaping, including significant natural plantings, in order to enhance the site, buffer proposed structures, the streetscape and the immediate neighbourhood.

e)

Where fencing is required, the use of natural materials such as wood or stone shall be encouraged and the fencing shall be constructed in a manner which blends with the landscape and shall be maintained as such.

f)

Pedestrian walkways, medians with trees and other amenities should be provided.

g)

Identification and information signage should be integrated with the architecture and landscape. Signage may be regulated by enacting by-law(s) pursuant to the provisions of the Municipal Act.

h)

Utility services shall be encouraged to be located underground where practical. Transformers, utility pedestals, vaults, pumping stations and other structures ancillary to the utility distribution system shall be placed in accessible locations and designed, maintained and screened in harmony with surrounding land uses.

i)

Setbacks should be consistent for the ground floor and second floors. Additional variations in setback above the second floor are encouraged.

j)

The front wall treatment of corner buildings should extend around the corner and have generous architectural amenities.

Parking Areas a)

Adequate off-street parking facilities shall be provided for all permitted uses, except as may be required to maintain the specific character of an area including parking for employees as well as customers. Special needs parking shall be provided at convenient locations close to retail entrances.

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C1.7.3..2.3

C1.7.3.2.4

b)

The visual impact of parking areas shall be minimized wherever possible. The use of tree cover, planting areas, and other appropriate vegetation or berming may be used to buffer and screen parking areas from major roads.

c)

Pedestrian connections to parking areas should be clearly defined with sidewalks, street trees and lighting. The parking lot frontage on the abutting street should be treated within the context of adjacent uses.

d)

Shared use of parking areas is encouraged and may be required between neighbouring land use designations, ownerships and public/private ownership.

e)

Parking lots shall incorporate landscaped islands to break the continuity of paved areas. Extensive paving areas should be divided in to smaller sections with a maximum of 20 to 30 cars per section.

Entrances and Gateways a)

A highly visible, attractive Town of Gravenhurst entry feature should be developed at the Highway 11 access from the south (Muskoka Road South/Talisman Drive).

b)

Highly visible and attractive gateways and landmarks should be built and located at other strategic, significant locations and entrances to the Town.

Public Safety and Accessibility a)

The design of public spaces and private spaces accessible by the public should consider high visibility treatments to encourage public observation. Informal public observation of private open space should be possible from adjoining buildings and the public street and is encouraged by active use.

b)

A safe level of illumination throughout the public spaces that allows adequate visibility of another person approaching from a reasonable distance at night shall be provided. This lighting shall be designed to preserve the dark sky.

c)

All public spaces and buildings shall be accessible to physically challenged persons.

dc)

General lighting for streets, commercial areas, parks, open spaces and private properties shall be to a minimum safe standard to minimize glare and light pollution and to optimize visibility.

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ed)

C1.7.3.2.5

Illumination of significant site and community features should be considered to highlight landmarks for orientation and appreciation while limiting light trespass.

Landscaping a)

The planting of native plant species in private open space shall be encouraged in order to increase seasonal interest and diversity., particularly within the Central Business District Area.

b)

The planting of various scales of flowering trees and shrub material in public and private open space areas is encouraged to increase seasonal interest and diversity with the streetscape.

c)

Existing mature trees and other vegetative features amenities should be retained and preserved except where removal is necessary due to disease, damage or to ensure public health and safety. Where trees are removed, replacement trees shall be planted.

d)

Existing vegetation, including forested areas and hedgerows, as well as rock outcrops, views and watercourses shall be protected as much as possible.

C1.7.4

CENTRAL BUSINESS DISTRICT AREA

C7.4.1

The Central Business District Area shall be the focus of retail, office, employment. institutional and cultural land uses within the Gravenhurst Urban Centre. Higher density residential development is encouraged in the Central Business District Area provided that ground floor uses on Muskoka Road 18, Brock and Bay Street (east of Mary Street) and the immediately adjacent side streets remain commercial.

Notwithstanding the above, Council may permit medium or high density residential uses without commercial components in the Central Business District Area where the residential development is designed to enhance the physical character of the Central Business District Area and will support existing retail and service uses by ensuring a permanent residential community in the Central Business District Area.

C7.4.2

Medium and high density residential uses are also permitted in the Central Business District Area through intensification and redevelopment. Where these uses are proposed. Council shall apply the policies of C6.3.1, C6.3.2 and C6.3.71.6.3.2 and 1.6.3.3 and 1.6.3.8 when reviewing proposals for these uses.

C7.4.3

Private and public off-street parking facilities should be located in strategic locations convenient to the various activity concentrations in the Central Business District Area.

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C7.4.4

Council will encourage the shared use of parking areas in the Central Business District Area and may reduce parking requirements where there are opportunities for intensification and/or redevelopment.

C7.4.5

In order to maximize pedestrian access and linkages between the Central Business District Area and the Urban Mixed Waterfront Area, Council may require access to an open space system or the conveyance of lands to serve this purpose as a condition of approval for any development or redevelopment proposal.

C7.4.6

Cash in lieu of parking is an option for new commercial development in the Central Business District. The cash may be used to create interconnected and clearly identified parking areas within the Central Business District in convenient locations that enhance the pedestrian experience.

C7.4.67

When considering new development or redevelopment, Council shall will have regard for the following design elements: a)

grade related commercial uses should face Muskoka Road South and Muskoka Road North and flankage streets with generous window spaces, multiple entrances and awnings;

b)

commercial development may be permitted to encroach over the street, provided the mass of the building is in proportion to the site and proposed use;

c)

any commercial development shall be designed to complement the surrounding area.

d)

development will be consistent with the design guidelines established by the Town, including the Streetscape and Faรงade Design Guidelines prepared by Stempski Kelly Associates, 2013;. and The use of building materials, architectural character, and landscaping that blend with the "Gateway to Muskoka" theme as identified in the Urban Design Guidelines Report prepared by Corbin and Goode, August 2000 shall be encouraged;

d)

each building should have a distinctive design. The detailed design of predominant architectural elements of adjacent buildings such as store entrances, door and window details, porches and cornices should differ;

e)

all new structures intended for commercial use should be set back from adjacent streets a distance which will complement adjacent buildings;

f)

signs shall be attractively designed and shall not be back-lit.

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C7.4. 78

Bay Street Special Character Area

C7.4.78.1

Bay Street, particularly between John and Hughson Streets, exhibits a distinctive character in Gravenhurst, with a number of culturally and historically significant properties. Bay Street provides a linkage between the balance of the Central Business District and Muskoka Wharf. This character is recognized, and will be preserved.

C7.4.78.2

Development on Bay Street will respect and enhance the existing character of the area, including maintain the tree canopy, front yard setbacks and existing building character.

C7.4.78.3

Bay Street will redevelop as a mixed use area, with a mix of low and medium density residential uses, and commercial uses that are of a scale that is reflective of the streetscape and the lot fabric along the street.

C7.4.78.4

Building heights will be reflective of the height of surrounding uses, and will generally not exceed 3 storeys in height.

C7.4.78.5

Parking in the front yards or abutting streets shall beis discouraged, however, where necessary, significant landscape screening shall be required to buffer the proposed parking areas.

C1.7.5

GATEWAY COMMERCIAL AREA

C7.5.1

The general area surrounding the interchange of Highway 11 and Muskoka Road South has been designated for larger scale retail uses oriented to automobile traffic.

C7.5.2

Permitted uses include larger scale commercial uses. Smaller commercial uses may be permitted as part of a comprehensive development but not as stand-alone buildings.

C7.5.3

Any site proposed for retail uses in the Gateway Commercial Area should be readily accessible and visible to the passing motorist.

C7.5.4

Development in the Gateway Commercial Area shall proceed on the basis of full piped municipal water and sewage disposal facilities as well as full storm water management facilities.

C7.5.5

As a condition of development, the provision of road improvements to access the proposed development may be required by the Town and the District of Muskoka. Approval of the Ministry of Transportation will be required for any development with direct access to Highway 11.within the Ministry’s Permit Control Area.

C7.5.6

As a condition of development or re-development, a traffic and site access impact report will may be required prior to the approval of any major commercial development.

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C7.5.7

Regardless of property ownership, development shall be designed and function as a single centre utilizing shared access, parking, storm water management facilities and consistent signage design wherever possible.

C7.5.8

All new structures intended for commercial use should be set back from adjacent streets a distance which will permit the parking of automobiles clear of any right-of-way and permit adequate movement of vehicles within such parking areas.

C7.5.9

A minimum of 20 percent of all lands shall be landscaped in accordance with a landscape plan approved by the Town.

C7.5.10

Existing smaller lots that are not part of a comprehensive development area may be developed for commercial uses with free-standing buildings.

C1.7.6

HIGHWAY COMMERCIAL AREA

C7.6.1

In general, Highway Commercial Area uses should be limited to large lots having generous frontage on a major vehicular route leading to or moving around the Central Business District Area.

Uses permitted in this designation include, but are not limited to, automobile related sales and service, restaurants, hotels and motels, recreational vehicle sales and service and small-scale industrial uses servicing the automotive or recreation market.

C7.6.2

Where site conditions warrant, All new structures intended for commercial use should be setback from adjacent streets a distance which will permit the parking of automobiles clear of any street right-of-way and permit adequate movement of vehicles within such parking areas.

C7.6.3

Vehicular ingress and egress points to all Highway Commercial establishments should be limited in number, be readily distinguishable and clearly defined. Where possible, landscaped boulevards should be provided.

C7.6.4

It is not the intent of this Plan to permit the development of a solid and unbroken strip of commercial land abutting these routes. The use of staggered setbacks shall be encouraged in Highway Commercial Areas to ensure the above.

C7.6.5

Highway Commercial development should be designed to enhance the overall appearance of the area and minimize the interference of vehicles with traffic flow.

C7.6.6

Development in locations with visibility from main transportation routes and adjacent to the south-end "Gateway to Gravenhurst" should occur in a manner that ensures a high-quality visual appearance and a positive community image.

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C7.6.7

Development shall occur in such a manner as to ensure compatibility with surrounding areas and between uses. In determining compatibility, the following factors shall be considered: a)

off-street parking and loading areas shall should be located to minimize the impact on adjacent residential uses with respect to noise, traffic and visual appearance;

b)

outdoor storage shall be appropriately screened and/or fenced, and where possible, located to the rear of existing buildings;

c)

the exterior lighting of any building or parking area shall be designed to deflect glare away from adjacent properties and preserve the dark sky;

d)

landscaping and vegetative buffers should be used where appropriate to mitigate conflicts between uses; and,

e)

an adequate buffer or other suitable mitigative mitigation measures shall should be implemented to protect sensitive land uses.

C7.6.8

Commercial development using more than 10,000.0 litres of water per day or that requiring a high level of servicing should occur only in areas where both municipal water and sanitary sewer facilities are available and where the capacity of the system is adequate to support the demands that such development may place on the system. Low water using and effluent producing Highway Commercial development may occur in areas where both municipal piped water and sewer services are not available in accordance with Section J5.

C1.7.7

URBAN MIXED USE WATERFRONT AREA

C7.7.1

The Urban Mixed Use Waterfront Area designation includes lands known as the Muskoka Wharf, located on Lake Muskoka. and the westerly lakeshore area of Gull Lake immediately north and east of Gull Lake Park.

These areasThis area will develop as a mixed use areas including a range of commercial uses servicing the residential and tourist markets as well as medium and high density housing. These areasThis area will also be characterized by a large amount of public open space located on the shoreline. Public views and access to the waterfront shall be protected.

C7.7.2

New development shall be designed to maintain and enhance the natural character of the shoreline. Natural vegetation shall should be protected within 30.0 15.0 metres of the shoreline and enhanced vegetative buffers may be required within 20.0 10.0 metres of the shoreline. The actual width of a vegetation buffer will be established through the preparation and approval of an Environmental report that concludes that the development can proceed without adversely impacting the shoreline features.

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C7.7.3

Stormwater shall be directed away from the shoreline and storm sceptors or equivalent technology shall be required as part of a comprehensive storm water management plan. In addition, potential contaminants such as garbage receptacles and parking areas shall be located away from the shoreline areas.

C7.7.4

Water related tourist commercial development will be encouraged provided such commercial development requires a water access location for operation of the activity (e.g., marina) or is a resort commercial activity (hotel or dining establishment) that will take advantage of the locational characteristics of the waterfront.

C7.7.5

Commercial development may be permitted to project over the water, provided the mass and bulk of the building is in proportion to its site and the proposed use and the development of the property is environmentally sound. Development shall be designed to complement the surrounding area, and where practical, should develop on the basis of a unique or historic theme. Consideration shall be given to the visual impact of development when viewed from lands outside the Urban Mixed Use Waterfront Area.

C7.7.6

Higher density residential developments shall be subject to the following policies: a)

the development shall be compact in nature and shall be mixed with linked open space areas, significant amenity areas and recreational uses;

b)

the maximum permitted density shall not exceed 40 units per gross hectare. The actual density of development shall be established in an implementing Restricted Area Zoning By-law; and,

c)

a minimum provision of 35 percent of the lot area shall be dedicated to public and private open space, in a linked, useable fashion and shall include shore lands.

C7.7.7

There are a number of privately owned water lots adjacent to the shoreline.

As a condition of development for a use over water, including docks, the balance of the water lot that is not to be used should be deeded to the MunicipalityTown.

C7.7.8

Where development is proposed on a site within Urban Mixed Use Waterfront Areas, the applicant shall may be required to provide the following, where prior assessments have not been prepared related to the development of the site: a)

an assessment of the impact of the development on the environment of the Bay or Lake;

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b)

an assessment of the impact of the development on the surface water quality and an impact mitigation plan;

c)

an assessment of the transportation impact of the development; and,

d)

a concept plan of the proposed development, such concept plan to include any phasing provisions, servicing and land use separation requirements.

C7.7.9

Where requested by the District Engineer or the MunicipalityTown, development shall be conditional upon the provision of road improvements as may be required at the cost to the applicant. Such road improvements may be imposed where new intersections are to be created, existing intersections are to be improved or where new or existing driveways are to be provided or improved.

C7.7.10

Additional entrances to Muskoka Road 169 shall be kept to the minimum required to service proposed development.

C7.7.11

With an increase in traffic activity, it may be desirable to separate, where practical, pedestrian and vehicular traffic. Such separation may take the form of sidewalks or walkways separated from the main roadway by boulevards, elevated crosswalks over the roadway, or a linked walkway system.

C1??7.8C7.7.12

Wharf Road Boathouses

C7.8.1C7.7.12.1

Identification and Context

a)

C7.8.1.1 The Wharf Road boathouses developed as part of Registered Plan 28. Plan 28 is a registered plan of subdivision that contains a number of lots that have been developed with docks or boathouses to provide access to Muskoka Bay and Lake Muskoka.

Wharf Road is the location of the original Muskoka Wharf, where the railway ended and the steamships were moored. When the railway lines were removed, a plan of subdivision was developed and boathouses constructed in the 1960’s.

b)

Registered Plan 28 was not included in the original master planning for the Muskoka Wharf when this portion of Muskoka Bay was considered for redevelopment in the early 2000’s.

c)

Plan 28 consists of approximately 57 lots, most of them occupied by single storey attached boathouses or docks, with no municipal sewer and water services. Most of the lots front on either side of Wharf Road, although a small number have access across other municipally owned property. Most of the lots have approximately

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4.9 metres of frontage with an area of 90 square metres, a large portion of which is over water. d)

C7.8.1.2 The existing structures in Registered Plan 28 are used for the storage of boats and marine equipment along with limited recreational use, and have been developed as the principal uses on their lots, often physically attached to the abutting structures.

These structures are not traditional accessory boathouses as defined in waterfront areas or elsewhere in the Town of Gravenhurst, as they occupy a significant portion of their lots, and are the principal and not accessory use on the properties.

e)

C7.8.1.3 The nature of the lot ownership and development pattern in Plan 28 make it impossible to meet the development criteria for larger properties within the Urban Mixed Use Waterfront Area. As such, site specific provisions that encourage the redevelopment of the lots, on full services, are appropriate.

C7.8.2C7.7.12.2

Development Objectives

a)

To provide policies and regulations to govern the re-development of the Wharf Road boathouses as a residential/recreational development within the Urban Mixed Use Waterfront Area.

b)

To provide a development form that respects the development principles of the Urban Mixed Use Waterfront area and the Muskoka Wharf.

c)

To recognize that the development is to occur on public water and sewer services.

d)

To ensure that the development of the property respects the design and environmental protection provisions applicable to the Urban Mixed Use Waterfront Area.

C7.8.37.12.3 Comprehensive Redevelopment Plan a)

The redevelopment of lands within the Wharf Road for any use besides a one story boathouse is encouraged provided it is undertaken in a comprehensive fashion, and based on a comprehensive study that addresses, at a minimum, the following:    

Site servicing, including sewer, water and storm water; Phasing and staging of development; Design plan, elevation plans and perspective drawings and visual impact assessment; Geotechnical evaluation; and

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

Parking and traffic impact.

b)

The design of the development will be both innovative and practical, and will be based on design features that reflect the historical context of the Wharf Road, compatible with the overall theme for the Urban Mixed Use Waterfront area.

c)

Development will be expected to occur based on the overall design, and may be phased through a group of owners working together to redevelop a number of sites at one time.

C7.8.47.12.4 Land Uses a)

A maximum of one dwelling unit or accommodation area (e.g. sleeping cabin) may be permitted on each lot in association with a boathouse. The maximum height of any structure shall be the lesser of 10.5 metres or 2 ½ storeys. The dwellings will be primarily built above the grade level boathouse facilities.

C7.8.57.12.5 Servicing: a)

Connection to municipal water and sewage treatment facilities is required.

C7.8.6.7.12.6 Implementation a)

The Town may consider redevelopment options through the preparation of a community improvement plan, or a local improvement plan.

C1??8.C7.7.13

224 Wharf Road Residential

C7.8.7.1C7.7.13.1

Identification:

a)

The lands subject to these provisions are described as Lot 49 and Part of Block C, Plan 28, being Lots 1, 2 and 3 on Reference Plan 35R-16650, otherwise known as 224 Wharf Road.

b)

b) These provisions establish site specific regulations to permit the development of the property for a maximum of three residential dwellings, consistent with the policies and directions for the Urban Mixed Use Waterfront Area.

C7.8.7.2C7.7.13.2

Context:

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a)

224 Wharf Road is located in the Gravenhurst Urban Centre, within the Commercial Area designation, as part of the Urban Mixed Use Waterfront Area. The Urban Mixed Use Waterfront Area allows for the development of a mix of medium and high density residential uses as well as commercial uses serving the resident and tourist markets, as a focus of urban activity.

b)

The development of 224 Wharf Road presents an opportunity to develop a compact residential use that takes advantage of the unique features of the site and the surrounding lands, one that offers a high quality living environment and efficiently utilizes the existing urban infrastructure.

C7.8.7.3C7.7.13.3 a)

b)

c) d)

C7.8.7.4C7.7.13.4 a)

C7.8.7.5C7.7.13.5 a)

C7.8.7.6C7.7.13.6 a)

C7.8.7.7C7.7.13.7

Development Objectives: To provide policies and regulations to govern the development of 224 Wharf Road as a residential development within the Urban Mixed Use Waterfront Area.

To provide a development form that respects the development principles of the Urban Mixed Use Waterfront area and the Muskoka Wharf.

To recognize that the development is to occur on public water and sewer services.

To ensure that the development of the property respects the design and environmental protection provisions applicable to the Urban Mixed Use Waterfront Area.

Land Uses: A maximum of three dwelling units may be permitted on the property, and may include attached accessory garage and boathouse facilities.

Maximum Height: The maximum height shall be the lesser of 10.5 metres, or 2 ½ storeys.

Parking: A minimum of 1.5 parking spaces per dwelling unit shall be provided on site.

General Policy and design features:

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a)

C7.8.7.8C7.7.13.8 a)

C7.8.7.9C7.7.13.9 a)

The design of the dwellings shall be confirmed at site plan approval stage, will be both innovative and practical, and will consider the following design features: 

The desired architectural character will be loosely based on early 20th century Muskoka/Victorian building styles in keeping with the overall theme of the Muskoka Wharf Urban Mixed Use Waterfront or the Cottage Style development encouraged in the Downtown Gravenhurst Community Improvement Area.



The use of material, colour and lighting will be consistent with the design and the features of the original Muskoka Wharf development.



The dwellings will be primarily built above the grade level garage and boathouse facilities.



There shall be no minimum setback from the shoreline.



The upper storey of the development will occupy a partial coverage of the total site, with access to upper level decks.



The roof design and materials will be a composite cedar shingles or shake like asphalt or metal.



The walls may be painted or stained composite wood or composite panels with historical details.



Windows may be painted wood or wood with vinyl or metal cladding on the exterior using historical detail with mullions and trim.



Historical details such as dormers, “folly” windows, cupolas, false pilasters, panels, posts, railing and brackets may be included.

Servicing: Connection to municipal water and sewage treatment facilities is required.

Site plan requirements: The following material will be provided when the application for site plan approval is submitted: 

Landscape plan showing the landscape features of the site, and addressing vegetation retention and replanting;

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 

Grading, Stormwater Management and Construction Mitigation Plan to ensure contaminants not migrate toward the lake; Elevation plans/perspective drawings.

C1.7.8.8C7.8 URBAN RESORT COMMERCIAL AREA C1.7.8.8.1C7.8.1 C7.8.1.1

C1.7.8.8.2

C1.7.8.2.3

General Policies

The uses permitted on the lands designated Urban Resort Commercial Area shall be limited to: a)

a hotel complex and a golf course clubhouse with ancillary facilities which may include restaurants, places of entertainment, and other uses normally considered incidental and accessory to a hotel complex and a golf course clubhouse;

b)

medium density townhouse development(s) which may be utilized as a mixed use commercial/residential development in conjunction with the operation of the hotel complex;

c)

open space and recreational uses;

d)

uses normally incidental or accessory to the operation and maintenance of the above-noted uses;

e)

the maximum number of townhouse units in an individual structure shall not exceed 12; and,

f)

a minimum of 50 percent of the developable area shall be used for open space and recreational purposes.

The maximum density of development shall not exceed 30 units per gross hectare. For the purpose of this section, Unit shall mean: a)

an individual room in the a hotel;

b)

an individual “hotel” type room in a townhouse unit where same it is used in conjunction with the commercial operation; and,

c)

an individual townhouse unit where same it is not used in conjunction with the commercial operation.

Urban Resort Commercial Area – Muskoka Bay On lands described as Part Lot 7, Range West of Muskoka Road and Part of Lots 23 and 24, Concession 3, in the former Township of Muskoka, now in the Town of Gravenhurst, District of Muskoka, the following policies shall apply:

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a)

The uses permitted in such designation may be considered for rezoning only after the submission, acceptance, and approval by the Town of Gravenhurst of the following: i) ii) iii) iv) v)

a concept plan for the entire designation; a visual impact analysis of the development proposed thereon; a development phasing plan; an environmental impact statement for the entire designation; a stormwater impact study for the development proposed in the designation; and, vi) a traffic impact analysis for the development.

All external lighting on the land and buildings and structures thereon shall be dark sky friendly in accordance with the requirements of the Town.

C1.7.8.34

b)

Direct access to the development shall be from land designations to the abutting south and shall not be from James Street or Ferndale Drive.

c)

The visual impact of the development proposed within the designation shall be minimized when viewed from the surrounding lands. In this regard, buildings shall be located, designed, and constructed so that their massing and height is graduated from adjacent designations.

d)

The maximum lot coverage of all buildings and structures within the designation shall be 35 percent.

Urban Resort Commercial Area – Taboo (formerly Muskoka Sands) Expansion The following policies shall establish the basis under which the Taboo Resort will expand. Sub-designations identifying areas within the Urban Resort Commercial Area – Taboo Expansion designation to be used for specific land uses are shown on Schedules A-1 and D-1. The boundaries of these sub-designations are approximate only and are not intended to define the exact location and extent of such areas. The extent of these designations will be established through the implementing Zoning By-law.

C1.7.8.3.4.1

General Development Policies a)

A minimum setback from the normal or controlled high water mark for any townhouse unit shall not be less than 30.0 metres. The minimum setbacks from the normal or controlled high water mark for the hotel complex shall be detailed in an implementing Zoning By-law.

b)

The maximum lot coverage of all buildings or structures shall not exceed 20 percent.

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c)

Development will proceed in phases subject to an agreement with respect to the provision of sewage and water allocations involving the District of Muskoka and the Town of Gravenhurst. This agreement with respect to the provision of sewage and water allocations involving the District of Muskoka and the Town of Gravenhurst. This agreement will include a schedule with respect to completion of all or portions of phases as a precondition to the subsequent granting of the allocation of capacity.

d)

Within each phase of the development, recreational facilities shall be provided in order to maintain the recreational resort character of the development, to the satisfaction of the Town of Gravenhurst.

e)

Land-based recreation facilities shall be provided with the development of the resort units. More detailed phasing of the recreational amenities will be specified in the Zoning By-law to ensure the timely provision of land-based recreational amenities to service each phase of the development.

f)

Each phase of development shall be limited to a maximum servicing allocation of approximately 200 Equivalent Residential Units (ERU's) as defined by the District of Muskoka.

g)

Detailed storm water management and construction mitigation plans, satisfactory to the Town of Gravenhurst or other applicable agency having jurisdiction, will be prepared prior to site alteration or development proceeding in any phase of the development, including the golf course. Such plans will be implemented in a site plan agreement and/or condominium agreement.

h)

A vegetative buffer consisting of native species shall be maintained along the length of the Hoc Roc River and all associated tributaries.

This buffer shall be a minimum of 30.0 metres wide in areas of cold water fisheries and 15.0 metres wide in areas of warm water fisheries. A 30.0 metre minimum building setback from the normal river shoreline shall be required for all structures except boardwalks, signs and existing shoreline structures in areas of warm water fisheries. Limited pathways and signs may be permitted within the required buffers. In addition to this buffer, a monitoring program with a remedial strategy for water quality in the Hoc Roc River shall be established as part of the Best Management Practices for the construction of the golf course.

i)

Building heights will be graduated to minimize visual impacts on the waterfront and surrounding community and will in no case exceed 15.0 metres.

j)

No additional docking facilities beyond the existing four (4) boat slips shall be permitted along the Hoc Roc River.

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k)

Existing recreation trail systems are presently operated and maintained in the Muskoka Beach Area. Efforts to maintain and encourage a trail network as part of the Taboo Resort expansion shall be made when reviewing and approving the more detailed plans for the subject property.

l)

Access to the "Urban Resort Commercial Area – Taboo Resort Expansion� lands, is to be provided from Muskoka Road No. 17, and access to each of the development areas by way of internal private access roads.

m)

As part of the initial phase of the development, Muskoka Road No. 17 shall be re-aligned and reconstructed to the satisfaction of the District Municipality of Muskoka and the Town of Gravenhurst. The site plan agreements and/or condominium agreement shall outline the road works to be completed for each phase of the development.

n)

The internal private access roads will be designed and constructed to a standard which will accommodate emergency vehicles.

o)

All lighting related to the development shall be installed to minimize impact on the night sky. More detailed specifications for lighting will be incorporated in the site plan.

p)

The following design matters shall be considered and reflected in the development: i) ii)

iii)

iv)

v)

C1.7.8.34.2

the visual impact of new development from the existing Muskoka Beach community and from adjacent waterbodies; building and landscaping designs are to be of a scale and character that reflects and complements the existing community; landscaping and siting of buildings and structures will be undertaken in a manner which screens and buffers adjacent land uses, shelters pedestrian areas, minimizes erosion and preserves natural features; the character and continuity of the streetscape, street elements, lighting and signage should be coordinated, consistent and appropriate to the nature of the development and the community; and, the scale and massing of buildings and structures shall be unobtrusive in nature and reflective of local and Muskoka architecture, lower buildings shall be located in areas more visible from public roads and in areas adjacent to the 30.0 metre setback from Hoc Roc River and higher buildings setback further from public view.

Schedule D-1 establishes the following sub-designations intended for specific land use within Urban Resort Commercial Area – Taboo Resort Expansion:

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C1.7.8.3.4.3

C1.7.8.34.4

a)

Taboo Resort Expansion – Northern Resort Node;

b)

Taboo Resort Expansion – Southern Resort Node; and,

c)

Taboo Resort Expansion – Urban Open Space Area.

The following uses may be permitted within the Taboo Resort Expansion – Northern Resort Node sub-designation: a)

a maximum of 250 tourist commercial resort or dwelling units, which may include hotel or resort facilities however, the combined total of tourist commercial resort or dwelling units, including resort and hotel facilities, in the Northern Resort Node and Southern Resort Node sub-designation shall not exceed 726;

b)

a golf course, clubhouse and associated facilities;

c)

natural open space and conservation;

d)

Development of the permitted resort or dwelling units shall be encouraged in clusters; and,

e)

Adequate parking facilities will be provided for the golf course and clubhouse.

Taboo Resort Expansion – Southern Resort Node a)

The following uses may be permitted within the Taboo Resort Expansion – Southern Resort Node sub-designation: 

a) a maximum of 600 tourist commercial resort or dwelling units and associated facilities however, the combine total of tourist commercial resort and dwelling units in the Northern Resort Node and Southern Resort Node sub-designations shall not exceed 726;



b) a recreational centre with associated facilities;



c) an outdoor recreation centre with associated facilities;



d) a golf course, clubhouse and associated facilities;



e) outdoor recreational facilities, including recreational trails;



f)



g) development of the permitted resort or dwelling units shall be encouraged in clusters.

natural open space and conservation; and,

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C1.7.8.34.5

Taboo Resort Expansion – Urban Open Space Area a)

C1.7.8.34.6

The following uses may be permitted within the Taboo Resort Expansion – Urban Open Space Area sub-designation: 

a golf course and associated facilities, excluding a clubhouse;



recreational trails and associated facilities, excluding a recreation centre;



facilities for educational or scientific interpretation; and,



natural open space and conservation.

b)

Recreational trails and facilities for educational or scientific interpretation may encroach into the required vegetative buffer along the Hoc Roc River and all associated tributaries.

c)

Recreational trails will be designed and located to fit into and preserve the natural landform, contours, and to protect watercourses.

Implementation a)

The policies of the Urban Resort Commercial Area – Taboo Resort Expansion designation will be implemented by a site specific Zoning By-law Amendment, condominium agreements, site plan agreements, servicing agreements and other enforceable agreements, where appropriate. This may include the use of holding provisions for the phasing of development.

b)

The use of a holding "H" symbol as detailed in the Planning Act is hereby authorized for use on the lands designated "Urban Resort Commercial Area – Taboo Resort Expansion in order to provide for the phasing of the development and to ensure that the special provisions as detailed in this amendment are implemented. The holding provision may be removed on all or part of the lands, subject to the following being satisfied: 

prior to the release of a phase, confirmation that 75 percent of the units and all of the recreational amenities as detailed in the Zoning By-law for the preceding phase have been completed;



confirmation from the District Engineer or his delegate that a servicing agreement regarding the provision of municipal water and sewer services has been entered into and that adequate servicing capacity is available to service the phase;



completion of satisfactory detailed storm water management and construction mitigation plans;

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C1.7.8.34.7



confirmation from the District Engineer or his delegate that all requirements respecting access from Muskoka Road 17 have been addressed to their satisfaction;



if a golf course is to be developed in the subject phase, a satisfactory golf course management plan is submitted to the Town; and,



a site plan and condominium agreement, as appropriate, is entered into with the Town.

The expansion of the Taboo resort is planned to occur in phases. This policy is intended to provide phasing details and alternatives related to the development of the land-based recreation amenities and resort units. a)

Phasing of Golf Course Development A total of 18 new holes of golf is intended to be developed as part of the early expansion and it is expected that further golf course development will not occur until after the first golf course has been opened for a three year period, so as to allow consideration of the monitoring results that are to be submitted to the Town under the Golf Course Management Plan for the first 18 new holes of golf.

b)

Master Trails Plan A Master Trails Plan, satisfactory to the Town of Gravenhurst, including an Outdoor Recreation Centre, shall be finalized prior to commencing more than 150 units and further link the release of units in the resort expansion to the provision of features called for in the Master Trails Plan. An enforceable agreement will provide for the implementation of this plan.

c)

Phasing of Development in Relation to Other Amenities In the Northern Resort Node, the construction of up to 50 units may be permitted to proceed without the provision of recreational amenities. It is expected that before proceeding with 51 or more units in the Northern Resort Node that the swimming pool and two tennis courts will be in place.

C1.7.8.34.8

In the Southern Resort Node, up to 50 units may be permitted to proceed without the provision of recreational amenities.

The provision of recreational amenities for the additional development of units in this node is expected to be phased as set out below: a)

for 51 units up to 199 units, an outdoor swimming pool and two tennis courts;

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b)

for 200 to 299 units, a second outdoor swimming pool and two more tennis courts;

c)

for more than 300 units, a recreation centre including an indoor swimming pool; and,

d)

for more than 400 units, a third outdoor swimming pool and two more tennis courts.

C1.7.8.34.9

The implementing Zoning By-law, site plan agreements, condominium agreements and any other form of agreement will ensure the construction of on-site recreational facilities in conjunction with each phase of the development.

C1.8

EMPLOYMENT DESIGNATIONS

C1C8.1

DEFINITION

C8.1.1

The Employment designation recognizes lands designated primarily to provide opportunities for employment generating activities including manufacturing, processing, assembly, research and development, and other business and commercial related uses.

C8.1.2

Conversion of these employment lands to other uses may only be undertaken through a comprehensive review, as defined by the Provincial Policy Statement, and where it is demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion.

C1C8.2

IDENTIFICATION AND DESIGNATION

C8.2.1

This Plan identifies and designates two distinct Employment designations.

They are described as follows: a)

The Business Area designation is intended to provide an optimum business development environment which responds to emerging trends in workplace arrangements and industrial and commercial activity. A wide range of light industrial, commercial and other related uses are encouraged, particularly service oriented and information based businesses; and,

b)

The Industrial Area designation is intended to provide opportunities for light and medium industrial uses, primarily related to manufacturing and processing. These types of uses may generate moderate off-site impacts related to traffic, noise, vibration and visual appearance and therefore should be separated from other sensitive land uses.

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C1C8.3

GENERAL DEVELOPMENT POLICIES

C8.3.1

An adequate supply of land will be maintained within the Employment designations in order to provide sufficient opportunity for a mix of business and industrial activities for a period of 20 years. To this end, the absorption of land in Business and Industrial Areas will be monitored on a continual regular basis and additional land will be designated as necessary.

C8.3.2

Uses which have, or may have, a significant detrimental effect on the environment shall not be permitted. In addition, uses which contribute noxious effluent, emissions or vibrations to the natural environment shall not be permitted unless mitigating measures are provided to the satisfaction of the authorized approval authorities. All development shall be subject to the policies in Section I and the requirements of the Authority having jurisdiction.

C8.3.3

Opportunities for small, start-up and "incubator" businesses will be promoted.

C8.3.4

Non-industrial uses should generally be located close to main transportation routes and at the periphery of Business and Industrial Areas.

C8.3.5

Innovative projects which mix uses not normally permitted in association with one another, which would respond to desirable market trends and which may exhibit varied types of tenure and built form may be considered through the zoning amendment process, provided they are compatible with adjacent uses.

C8.3.6

Development will occur in such a manner that the types of uses located in Business and Industrial Areas will reflect the water and sewage servicing capabilities of each area.

C8.3.7

The provision of municipal water and sewer services shall beis encouraged wherever and whenever feasible.

C8.3.8

Low water using and effluent producing Employment uses may occur in areas where both municipal piped water and sewer services are not available in accordance with Section J5.J3.

C8.3.9

Access to Business and Industrial Areas will be improved and enhanced where possible, and access roads will be designed and maintained to accommodate transport truck traffic.

C8.3.10

Adequate off-street parking and loading facilities shall be provided for all permitted uses, including parking for business and industrial area employees and visitors.

C8.3.11

Stormwater management plans will be prepared for development proposals to ensure that the effects on both the quantity and quality of

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storm water are mitigated. Storm water management plans shall be implemented through site plan and/or subdivision agreements.

C8.3.12

Development adjacent to Highway 11 or located at the entrance to the Gravenhurst Urban Centre shall incorporate upgraded building design elements, landscaping and signage. Open storage will not be permitted in any yard facing a Provincial Highway or District Road.

All lighting shall be designed to minimize light trespass onto adjacent lands and to preserve the dark sky.

C8.3.13

The intrusion of residential or institutional uses that may restrict the growth and development of Employment designations will not be permitted.

C8.3.14

Holding zones will be used where appropriate to ensure development proceeds in accordance with the District's and Town's strategy for municipal water and sewer capacity allocation.

C1C8.4

BUSINESS AREA

C8.4.1

Permitted uses in the Business Area designation include a mix of light and medium industrial uses, including manufacturing, assembly, warehousing, storage, transfer operations, distribution, wholesaling, service and repair, utilities, research and communication as well as service commercial, retail commercial, offices, hotels and motel, adult education and training facilities, and indoor floor space extensive entertainment and recreation related uses.

C8.4.2

Businesses which require full municipal services or are considered heavy water users and effluent producers shall be required to locate where there are municipal water and sanitary sewer services available. This would include uses such as printing establishments, breweries, distilleries and car washes among others.

C8.4.3

Uses located adjacent to lands which are designated "Residential", should be light industrial or commercial in nature and should be limited to those that do not generate excessive levels of noise, vibration or traffic. Outdoor storage should be minimized in this location and should be appropriately screened and/or fenced in order to minimize the visual impact on neighbouring residences.

C8.4.4

Existing residential uses within the Business Area designation are expected to cease to exist in the long term.

C8.4.5

Low water using and effluent producing Business uses may occur in areas where both municipal piped water and sewer services are not available in accordance with Section J5.J3.

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C8.4.6

Lands designated Business Area along Bethune Drive may include a range of highway commercial uses, in addition to the other permitted uses in the Business Area.

C8.4.7

Specific provisions for Part of Lot 17, Con 5, Muskoka (Gravenhurst OPA 8)

C8.4.7.1

Low effluent producing commercial and light industrial uses shall be permitted on the basis of a municipal water supply and private individual sewage disposal systems, provided that once municipal sanitary sewage disposal services are available to this property, immediate connection to such services shall be compulsory.

C8.4.7.2

The location of development, site alteration and required buffering shall be identified and controlled through an implementing Zoning By-law Amendment, Plan of Subdivision/Condominium and Site Plan Agreement.

Prior to consideration of those approvals, supporting documentation, including but not limited to a septic suitability study and stormwater management plan, shall be submitted to the satisfaction of the Town of Gravenhurst.

C8.4.7.3

Notwithstanding the permissions contained in Section manufacturing is not a permitted use on the subject property.

C8.4.7.4

Notwithstanding the permissions contained in C1.8.4, outdoor storage will not be permitted on lots which abut lands that are designated “Urban Residential Area�.

C1C8.5

INDUSTRIAL AREA

C8.5.1

The predominant use of land in the Industrial Area designation shall be for light and medium industry. Permitted uses may include: assembly, manufacturing, fabrication, processing, repair and service, recycling, warehousing, distribution, indoor storage, research and technology, utilities, transportation, storage and construction.

Uses which are accessory or complementary to an industrial use may be permitted.

C8.5.2

Low water using and effluent producing Business uses may occur in areas where both municipal piped water and sewer services are not available in accordance with Section J5.

C8.5.3

In areas where municipal water and sanitary services exist or when these services become available only low water users and effluent producing businesses shall be permitted in order to avoid capacity issues in the water and sewage treatment plants. High water users may be permitted subject to a zoning amendment.

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The use of lands and the height of buildings and structures in the vicinity of the Airport may be restricted by Federal Aeronautics Act zoning.

C1C8.6

IMPLEMENTATION

C8.6.1

Specific permitted uses in all Business and Industrial Area designations will be further defined in the implementing Zoning By-law.

C8.6.2

Holding zones will be used where appropriate to ensure development proceeds in accordance with the District's and Town's strategy for municipal water and sewer capacity allocation.

All Business and Industrial Area development shall proceed by Site Plan Agreement in accordance with the provisions of the Planning Act.\

C1.9

INSTITUTIONAL DESIGNATIONS

C1.9.1

DEFINITION

C9.1.1

The Institutional Area designation includes lands used for: a)

Local, District, Provincial and Ffederal institutional uses inclusive of penal institutions, and agencies or offices of any Ministry of the Province of Ontario; and,

b)

buildings or uses of an educational, religious, or charitable nature, voluntary organizations, and other similar undertakings of a public or semi-public character. Developments generally associated with this category include community centres and arenas, parks and recreational facilities, public and separate schools; hospitals, nursing homes and homes for the aged; senior citizens housing; fire and police protection facilities; libraries; cemeteries, historic buildings and sites; and other similar uses.

C1.9.2

GENERAL DEVELOPMENT POLICIES

C9.2.1

Small-scale institutional uses may be permitted in any land use designation within the Gravenhurst Urban Centre other than Open Space and Environmental Protection Areas. Small-scale uses are those uses that serve the immediate community.

C9.2.2

The establishment of new large-scale institutional uses outside of the Institutional Area designation shall be established by Official Plan Amendment. Large-scale institutional uses are considered to be those which are substantially out of character with land uses in the surrounding area taking into account building area and height, building coverage of lot area, vehicular traffic and parking requirements, and the extent of the service area.

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C9.2.3

Where institutional lands are located in close proximity to other uses, structures erected on the institutional lands should be designed in such a way so as to enhance the character of the area and buffer adjoining properties, where appropriate.

C9.2.4

Where areas are poorly served by community facilities or where there is a lack of resources to support individual facilities, institutional and community uses will be encouraged to develop joint programs and shared use of resources such as schools, churches, and the facilities of service organizations.

C9.2.5

Institutional Areas or uses should be located: a)

adjacent to or near major vehicular routes in order to ease vehicular access to individual sites;

b)

centrally within the service area;

c)

adjacent to or in combination with other institutional facilities where possible; and,

d)

on properties with enough area to satisfy the required policy regulations.

C1.9.3

MUSKOKA CENTRE

C9.3.1

The Muskoka Centre lands represent a significant resource to the Town of Gravenhurst as a large tract of underdeveloped land on the waterfront. The Institutional Area designation of the lands is intended to reflect the historic use of the lands and provides potential for significant economic opportunities for the Town. This Plan also recognizes that there

C9.3.2

There may be opportunities for redevelopment of this site for other uses and that any application for the redesignation of this land will be given due consideration by the Town. Any redevelopment of the lands that requires an Amendment to this Plan shall be supported by a comprehensive development plan that encompasses the entire land holding and address the following:       

registered public access to the shoreline; a minimum parkland dedication of 30 percent; ongoing employment replacement; shoreline vegetation protection; architectural design guidelines traffic impact assessment; an assessment of the impact of the proposed use on the recreational use of Muskoka Bay.

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C9.3.3

Prior to redevelopment of these lands, open space to be protected will be appropriately delineated and supported by an Environmental study prepared by the owner in consultation with the Municipality and agencies that includes documentation of natural heritage features and functions.

The first 30.0 metres from the shoreline will be maintained as public open space and shall not count as part of the requirement for the 30 percent parkland dedication.

C9.3.4

Council may place a Holding provision on the zoning of the lands pending completion and review of a comprehensive development plan for the lands.

C9.3.5

Should the lands become available to the Town, Council shall endeavour to acquire the lands and shall prepare a comprehensive development plan in consultation with the public.

C1.9.4

Implementation It shall be a requirement that an Amendment to the Restricted Area By-law be passed by Council prior to any land being used for new institutional purposes.

Existing institutional operations may be permitted to expand subject to an Amendment to the implementing Zoning By-law or a minor variance where appropriate.

All institutional development in the Town will be subject to Site Plan Control in accordance with the provisions of the Planning Act.

C1.10

URBAN OPEN SPACE AREA DESIGNATIONS

C1.10.1

DEFINITION

C10.1.1

The predominant use of land designated Urban Open Space Area shall be for open air recreational purposes, and such lands shall generally be kept open and free from all buildings and structures except for a small percentage on which buildings and structures may be erected for recreational purposes. Lands designated Urban Open Space Area may also include shorelines and lands with other physical conditions, such as flooding or steep slopes that make them unsuitable for development, yet contribute to the natural character of the Town.

C1.10.2

IDENTIFICATION AND DESIGNATION

C10.2.2

Urban Open Space Area in the Town include public and private lands that provide opportunities for outdoor recreation and enjoyment. These areas may include trails, parks, natural areas and connecting walkways and roadways.

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C1.10.3

GENERAL DEVELOPMENT POLICIES

C10.3.1

Urban Open Space Areas should be distributed throughout the Gravenhurst Urban Centre in such a way that recreational areas are available within a reasonable distance of all dwellings.

C10.3.2

In order to ensure that all types of open spaces can be made available within the Gravenhurst Urban Centre, the minimum standard for total open space shall be 4 hectares per 1,000 inhabitants. Such areas shall include public open lands which are both passive and active in function, and local, community, or regional in service. Not included in this standard are open space lands associated with school sites or other public institutions.

C10.3.3

The suggested land area for passive Open Space parks should be provided on the basis of 2 hectares per 1,000 inhabitants.

C10.3.4

The suggested land area for active Open Space parks should be provided on the basis of 2 hectares per 1,000 inhabitants.

C10.3.5

In recognition of the demands placed on public spaces due to tourism, lands in excess of those identified to service the residential population shall be required. Lands or cash-in-lieu of lands for these purposes shall be acquired through the development process as enabled by the Planning Act.

C10.3.6

Where the Town requires lands to be dedicated for park purposes, the required lands shall not include any lands that are unsuitable for parkland development such as land subject to flooding, steep slopes, barren bedrock or lands that do not have acceptable access for park purposes. In addition, lands dedicated for park purposes shall be dedicated in a condition that enables the lands to be immediately developed for park purposes.

C10.3.7

Where new parks are developed they shall be designed to provide good public access, visual connectivity from adjacent streets and uses and be designed to maximize safety and security for park users and adjacent land uses.

C10.3.8

Where possible, lands developed for parks purposes shall be consolidated into acreages of sufficient size to facilitate the desired recreational use and parks maintenance. Small park areas shall not be accepted for park purposes. In addition, where multiple subdivisions are being developed and abut one another consideration shall be given to dedicating contiguous parcels for parkland.

C10.3.9

Where any lands under private ownership are designated as Urban Open Space Area, this Plan shall not be construed to imply that such lands will necessarily be purchased by the municipality. If at any time, proposals are made to develop any such lands, and the municipality does not wish to purchase the lands in order to develop or maintain the open space, then

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an application for the redesignation of such lands for other purposes will be given due consideration by the municipality.

C10.3.10

Some lands designated as Urban Open Space Area may be used for municipal utilities provided that structural coverage of the land is minimized, dispersed, and screened in such a way so as to maintain the open space character of the designated area.

C1.10.4

IMPLEMENTATION GENERAL NOTE: RELOCATED TO SECTION K AND REVISED

C10.4.1

As a condition of development, and as set out in the Planning Act, Planning Committee and Council should require that land in an amount not exceeding 5 percent for residential developments and 2 percent for commercial and industrial developments of the land area proposed for development or redevelopment be conveyed to the municipality for park purposes. In the case of residential subdivisions of condominiums Council may require up to 1.0 ha of land for each 300 units.

C10.4.2

Council may accept in lieu of land a cash payment equal to the value of 5 percent of the value of the land the day before draft plan approval of a residential subdivision or condominium or at the time of consent application. Council may require cash in lieu of land in the amount of 2 percent of the value of the land the day before the issuance of a building permit for commercial or industrial development as a condition of Site Plan Control. Such monies shall be placed in a fund to be used solely for purposes permitted in accordance with the Planning Act.

C1.11

NATURAL HERITAGE AREA

C11.1

Lands designated Natural Heritage Area within the Gravenhurst Urban Centre shall be subject to the provisions of Section G I of this Plan.

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THESE

PROVISIONS

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SECTION D – WATERFRONT D1

WATERFRONT AREA

D1.1

IDENTIFICATION

D1.1.1

The Waterfront Area designation is defined as those lands generally extending inland 150.0 metres from any standing waterbody greater than 8 hectares in area or any substantive river, except that:

D1.2

D21.2

a)

lands which ecologically, physically, visually or functionally relate to the Waterfront Area, although extending beyond 150.0 metres from the waterbody shall be deemed to be within the Waterfront designation;

b)

lands which do not ecologically, physically or functionally relate to the Waterfront Area, although within 150.0 metres of the waterbody shall be deemed not to be within the Waterfront Area designation; and,

c)

lands within the Gravenhurst Urban Centre designation and Community AreaRural Settlement Areas designation and lands clearly shown as being within a different designation on Schedule A to this Plan shall be deemed not to be in the Waterfront Area designation.

The extent of the Waterfront Area designation is shown graphically on Schedule A to this Plan. In considering the precise location of the designation the following matters should be considered: a)

the extent to which the lands or the existing or proposed use of the lands are associated with or impact upon the waterfront;

b)

the existence of topographic features or other terrain constraints which would limit or orient the proposed use of the land toward or away from the waterbody; and,

c)

the presence of man-made features which would orient the proposed use of the land toward or away from the waterbody.

GOAL All development in the Waterfront Area of the Town shall To ensure sustainable development practices and maintain and enhance where possible water quality, protect the ecological, natural, visual and aesthetic character of the lake and shoreline and protect the recreational, social, accessible and environmental qualities of the lakes and rivers.

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D1.3D3

OBJECTIVES a)

To protect the visual qualities of the lakes and rivers and to protect or enhance the natural shoreline character.

b)

To protect significant wetlands, wildlife habitat areas and fish habitat from incompatible development.

c)

To maintain or improve the ecological, scenic or recreational character of the Town’s lakes and rivers and those lands that are visually connected to the shoreline.

d)

To ensure that shoreline development does not have an adverse impact on the quality of lake water and, wherever possible, to rehabilitate and naturalize shoreline areas that are currently developed.

e)

To encourage an increased awareness of the sensitivity of the environment and environmental stewardship of lands in the Waterfront Area.

f)

To ensure that development, redevelopment and the increasing use of shoreline properties does not result in additional environmental impacts or increase municipal servicing costs.

g)

To promote the maintenance and enhancement of native vegetation buffer areas in all shoreline areas of the Town.

h)

To promote the use of septic systems with soils that have a demonstrated ability to effectively eliminate phosphorous in all shoreline development outside of areas serviced by municipal sanitary services.

i)

To exercise appropriate municipal development control in order to achieve a consistently higher standard of accessible site, building and landscape design in the shoreline area.

j)

To ensure that the Town plays an active role in the development of government owned lands in the shoreline area and that these lands are developed in accordance with the policies of this Plan.

k)

To encourage and support the development of lake management plans that identify and protect the unique social, cultural and ecological values of different lakes in the Town.

l)

To preserve the dark sky through sensitive lighting design and installation.

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D1.4D4

PERMITTED USES

D4.1

Permitted uses in those areas designated as Waterfront Area on Schedule ‘A’ include (or are limited to?) single-detached dwelling units, recreational, service commercial and tourist commercial uses, parkland and natural areas.

D4.2

New mobile home parks shall not be permitted.

D1.5D5

RESIDENTIAL DEVELOPMENT POLICIES

D5.1

New residential development in the Waterfront Area shall consist of single detached dwellings on separate lots. Where the environmental conditions are well suited to development new lots shall have at least 60.0 metres of shoreline frontage and a minimum lot area of 0.8 hectares. Larger lots may be required in areas where environmental or physical constraints exist on the lands. Development shall be subject to the policies of Section I for all properties fronting on Boat Channel Protection Areas or waterbodies with less than 20.0 hectares in area and for those properties located within Deer Wintering Areas, areas containing significant natural heritage features or Type 1 or unknown fish habitat.

D5.2

Individual Lake Management Plans endorsed by Council and included in Section D4 of this Plan may establish minimum lot sizes and areas in excess of the minimums outlined in this section.

D5.3

All new residential development requiring a new septic system or requiring a septic system upgrade should beare encouraged to utilize sewage disposal systems and soils that have a demonstrated ability to effectively eliminate phosphorous. . Septic leaching beds shall be located at least 30 metres from any shoreline. Lesser setbacks may be considered in extenuating circumstances where it is demonstrated that site conditions would improve phosphorous retention or where site constraints on an existing lot prevent the full setback from being met.

D5.4

Where the sewage treatment alternatives are not available and there is an existing holding tank, a replacement holding tank may be installed. Holding tanks shall not be permitted for new vacant lot development.

D5.5

BOATHOUSES AND BOATPORTS

D5.5.1

Only one boathouse or boatport shall be permitted on a lot.

D5.5.2

New two-storey boathouses may only be permitted under the following circumstances: a)

Located on Lake Muskoka and Muskoka Bay, provided the structure is not located on a narrow waterbody;

b)

Located on a lot with a minimum water frontage of 90 metres.

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D5.5.3

c)

May include a second floor structure not exceeding the floor area permitted for a sleeping cabin;

d)

May include a covered deck up to 25 square metres;

e)

May include sanitary facilities; and

f)

Be subject to an increased setback from the projected side lot line.

New single-storey boathouses or boatports may only be permitted under the following circumstances: a)

Located on a lot with a minimum water frontage of 30 metres;

b)

Used only for the storage of marine equipment;

c)

May include sanitary facilities; and

d)

Be subject to an increased setback from the projected side lot line where a roof is used for a sundeck.

One boathouse per lot having a maximum height of one storey and used only for storage of marine equipment shall be permitted as an accessory use.

D5.6

SLEEPING CABINS

D5.6.1

One sleeping cabin per lot may be permitted in the Waterfront Area designation as an accessory use to a residential use provided the lot meets the minimum requirements for sleeping cabins outlined in the Zoning Bylaw.

D5.6.2

Sleeping cabins will be limited in size to ensure that they are clearly incidental to the main building and use. and will be considered as part of the total lot coverage permitted on a lot.

D5.6.3

A Sleeping cabin may be located on the second storey of a detached garage.

D5.6.4

On lots greater than 2 hectares in area, a second sleeping cabin may be permitted.

D5.7

In some Waterfront Areas, the level of municipal service does not facilitate year-round occupation of dwellings. It is not the intent of Council to expand the level of services to enable year-round occupation nor is it the intention of Council to enforce seasonal occupation in areas receiving seasonal services.

D5.8

Residential development may take the form of cluster developments where the separate residential units are set back from the waterfront and the shoreline area is maintained as open space for the use of abutting landowners. In such instances the density of the development shall not

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exceed 60.0 metres of frontage on the waterbody per unit and 2.5 units per gross hectare. Each lot shall have a minimum of 60.0 metres of frontage on a public or condominium road and a minimum lot area of 0.4 hectares.

Cluster development shall require an Official Plan Amendment and be approved through a plan of subdivision or condominium.

D1.6D6

TOURIST COMMERCIAL DEVELOPMENT

D6.1

Tourist commercial development generally includes resorts, inns, camping and cottage rental establishments, and lodges. New tourist commercial developments will require an Amendment to this Plan and the Zoning Bylaw. Site Plan Control shall apply to new tourist commercial development and redevelopment or expansions of existing tourist commercial developments.

D6.2

New recreational vehicle or travel trailer parks shall not be permitted.

D6.3

Resort developments that combine accommodation and other commercial uses shall require an Amendment to this Plan and the Zoning By-law.

Innovative forms of registration shall be promoted. These uses shall generally include on-site management, and may also include recreational amenities, dining facilities, retail uses and have accommodation units available for lease or rent to the public.

Servicing of such developments shall comply with Section J5 of this Plan and the requirements of the Official Plan of the Muskoka District Area.

D6.4

Existing tourist commercial uses shall be supported and encouraged to expand their operations and facilities in order to adapt to changing conditions and provide year-round services. The implementing Zoning Bylaw will zone existing commercial uses to permit a reasonable degree of expansion prior to requiring an Amendment to the Zoning By-law. Major expansions to existing tourist commercial uses shall require an Amendment to the Zoning By-law.

D6.5

Conversion of existing tourist commercial uses or properties to residential uses is discouraged. Prior to considering an application to amend the Zoning By-law to permit redevelopment of the lands for residential uses, Council shall be satisfied that a report has been prepared by the applicant and approved by the Town which demonstrates that the change in use has a positive long-term impact on the economy and the environment and does not negatively impact the availability of tourist accommodation in the Town and District.

D6.6

Tourist commercial development may be permitted on the basis of 6.0 metres per unit frontage on the waterbody and a maximum density that does not exceed 10 units per hectare where a unit is defined as a rental cottage or a camp site, or room in a hotel, motel, lodge or similar arrangement of units.

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D6.7

Densities up to 25 percent in excess of these requirements on a single property may be permitted through an Amendment to the Zoning By-law subject to the developer entering into a Site Plan Agreement with the Municipality that requires the development of additional facilities such as a golf course, swimming pools or other significant land based recreational facilities.

D6.8

New tourist commercial uses shall not be permitted on lakes that have a surface area of less than 20.0 hectares unless the development plan includes the entire shoreline of the lake, excluding Crown land.

D1.7D7

SERVICE COMMERCIAL USES

D7.1

Service commercial uses in the Waterfront Area include waterfront access areas used by contractors and other persons providing services to water access properties and marinas that provide services such as fuel and retail goods related to boating and recreation. A restaurant may be considered as an accessory use to a marina.

D7.2

Existing service commercial uses will be encouraged to continue to provide necessary services to the waterfront community. Conversion of these uses to other commercial uses will not be permitted. New uses should generally locate in close proximity to existing uses in order to minimize social and environmental impacts on waterfront residential uses.

D7.3

New service commercial uses or large scale expansions to existing service commercial uses shall be permitted through an Amendment to the Zoning By-law and shall be designed to minimize impacts on the neighbouring residential uses. The zoning by-law may permit the reasonable expansion of existing uses. These uses shall be subject to Site Plan Control, as outlined in the Planning Act.

D7.4

Lands that provide parking and boat access to water access only lands shall be protected so that this important service continues to be available in the Town.

D1.8D8

PARKLAND AND NATURAL AREAS

D8.1

The Waterfront Area designation includes lands that are primarily undeveloped and are still in a natural state. The inclusion of these lands in the Waterfront Area designation does not imply that all of these lands will ultimately be developed for residential or commercial uses.

D8.2

Wherever possible Council will provide opportunities for water access to the general public. Where public parks, trails or access areas are developed they shall be done so in a manner that recognizes the environmental conditions of the site and adjoining waterbody and the potential impact on the peaceful enjoyment of adjacent lands.

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D8.3

The natural character of the Waterfront Area is defined by exposed bedrock, mature trees, indigenous native vegetation, steep slopes and wetlands at the waters edge. These features should remain in a natural state. in perpetuity.

D1.9D9

NATURAL HERITAGE AND OPEN SPACE AREAS Lands that are considered part of the Waterfront Area designation as defined in Section D1.1 may be designated Natural Heritage Area or Open Space Area. Where such designation occurs, the policies of Section G, Natural Heritage and Section H Open Space shall apply respectively.

D9.1

Lands designated Natural Heritage Area within the Waterfront Area shall be subject to the provisions of Section I of this Plan.

D9.2

Lands designated Open Space within the Waterfront Area shall be subject to the provisions of Section H of this Plan.

D109.3

TRENT SEVERN WATERWAY

D10.1

The Severn River and Sparrow Lake are part of the Trent Severn Waterway (TSW), which are under Federal Jurisdiction, and regulated through Parks Canada.

D10.2

Permits are required for In-water and shoreline works along the Trent Severn Waterway. Such works are required to meet Parks Canada policies.

D2D11

WATERFRONT DEVELOPMENT In addition to the policies in Section I, Environment, the following policies shall apply to all development in the Waterfront Area designation.

D2D11.1

PRESERVATION OF VEGETATION SHORELINE SETBACKS

D11.1

New development Development in the Waterfront Area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation and possible nutrient migration and maintain the complex ecological functions of the shoreline and litteral zone environment.

D11.2

Primary development shall be set back a minimum of 30 metres from the high water mark. Site alteration and disturbance of vegetation within 20 metres of the shoreline shall be limited to minor alterations to accommodate access trails, marine related structures, water pumping equipment or restoration work and limited limbing of mature trees. Where the 30 metre setback cannot be met, e.g. for redevelopment of existing

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PROVISION

OF

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properties or where site characteristics preclude meeting the setback, the setback shall be as large as practical.

D11.3

As a condition of development or redevelopment, restoration, of the natural vegetation and shoreline characteristics may be required. In these instances, other undisturbed shorelines of on the Lake lake shall may be used as an example of how to regulate rehabilitate a disturbed shoreline.

D2D12

CHARACTER OF THE SHORELINE ENVIRONMENT

D12.1

Buildings in the Waterfront Area will be designed and constructed to blend in to the natural environment and preserve the historic architectural characteristics of the area.

D12.2

Council will may adopt design guidelines for the Waterfront Area that will include architectural details and landscape elements that will implement these policies.

D12.2

The Zoning By-law implementing this Official Plan willmay include regulations that will: a)

limit lot coverage within 20.0 metres of the shoreline;

b)

require the shoreline area and a minimum of 75 percent of the front 20.0 metres of the lot be maintained primarily in a natural vegetative state and prevent further encroachment into this area;

c)

limit the height of buildings within 20.0 metres of the shoreline to mirror the natural tree line;

d)

limit the size of marine related structures relative to the amount of shoreline frontage of the lot;

e)

limit the size of boathouses relative to the lot area and frontage;within 20.0 metres of the shoreline and the height of boathouses to one storey; and,

f)

prevent regulate the development of lands that are considered to be significant landscape features such as cliffs, steep slopes in excess of 40 percent, narrow channels and large areas of exposed barren rock.

D12.3

These policies shall apply to new development and redevelopment of existing lands and buildings that increase the gross floor area of the building by 50 percent or more.

D12.4

Council or the Committee of Adjustment may consider variations to the standards in the Zoning By-law where the intent of these policies is maintained and where lesser standards would be in keeping with the

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character of the existing development in the area and where there are specific physical conditions on the land that warrant special consideration.

D2D11.3D13 EXISTING UNDERSIZED LOTS D13.1

The development of vacant lots having an area of less than 0.4 hectares and or the development of islands having an area less than 1.0 hectare or individual lots on islands having an area less than 0.6 hectares shall only be permitted following the completion of a Site Evaluation Report that demonstrates to the satisfaction of the Municipality Town that the site can be developed without significantly altering the natural features of the landscape and maintaining important shoreline vegetation or adversely impacting the natural environment.

Any lot having less than 30.0 metres frontage and 0.3 hectares of area shall require an Amendment to the Zoning By-law prior to being developed.

D2D11.4D14 LOT CREATION D14.1

New lots shall only be permitted where it is demonstrated to the satisfaction of Council that the abutting waterbody and watershed can sustain the impact associated with the additional lot(s).

D14.2

Unless otherwise specified in this plan, new lots shall have a minimum of 60 metres of frontage on a publicly year-round maintained road or navigable waterway and an area of 0.8 hectares under ideal development conditions. Larger lots will be required in many circumstances to fulfil the other requirements of this Plan.

D14.3

In addition to the policies in Section I, (Environment) whenWhen considering applications for lot creation Council shall require be satisfied that: a)

there is sufficient frontage on each lot to ensure that there is an appropriate waterfront amenity area generally located outside of environmentally sensitive areas;

b)

the physical characteristics of the land enable the development in accordance with the policies of this Plan and the regulations of the Zoning By-law without major significant alteration to the natural landscape including character trees, natural bedrock outcrops and steep slopes;

c)

where development is permitted on the basis of water access only, there are sufficient long term provisions for mainland parking, docking and waste disposal. Mainland parking and docking shall be legally secured and tied to the water access lot;

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D14.4

d) Bbacklot development is generally discouraged, but may only be permitted on a year round publicly maintained road if the lot to be created has a minimum of 150.0 metres of frontage on the public road and a minimum lot area of 1.0 hectare. All backlot development shall be subject to Site Plan Control in order to ensure that adequate vegetation is retained;

D14.5

e) Islands on small and mid-sized lakes as identified in Appendix 1 shall not be divided. Islands on large lakes may be divided where both severed and retained lots meet the minimum lot area and frontage requirements outlined in this Plan.; and, the proposed lot has legal access in accordance with the Transportation policies contained in Section J of this Plan.

D2.5

ZONING Land uses shall be zoned in separate zone classifications in the Town’s Zoning By-law based on the type and size of the use.

Commercial uses will be placed in Holding and site-specific zones that establish limitations on the ability of those uses to significantly expand without requiring further planning approvals.

Legally existing residential uses will be recognized in the Zoning By-law.

The Zoning By-law will not differentiate between permanent and seasonal occupation.

Vacant lands will be zoned in a manner that requires an Amendment to the Zoning By-law to permit the development of the land for multiple lot creation.

As outlined in the Planning Act, the Town may use limited service zoning to reflect that some areas of the Town are provided with a full range of services during a limited time period in the year.

D3

Lake Capacity

In no case shall any proposed development exceed the capacity of the waterbody to sustain additional development from a biological perspective.

These policies shall not restrict residential development on existing lots of record.

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Until demonstrated otherwise, any development within 300.0 metres of a waterbody shall be deemed to potentially have an impact on the waterbody.

This Plan utilizes two concepts of lake capacity that must be considered when reviewing applications for development. The lake capacity concepts include: Lake System Health Status; and, Cold Water Lakes.

Section I.4.11 provides detailed policies related to these two concepts.

Where detailed Lake Specific Policies have been incorporated into Section D4, and include recreational capacity policies, Recreation Capacity shall be considered when reviewing applications for development.

D3D12.1D15 LAKE MANAGEMENT PLANS AND STRATEGIES D15.1

Council encourages the The preparation of Lake Management Plans and Strategies is encouraged as a tool to establish and improve good land stewardship practices amongst those who live in lake communities and to articulate lake specific principles and goals outlined in this Plan. Such Plans shall proceed by way of an Official Plan Amendment. This Official Plan will continue to be the primary land use document to guide land use in the Town. Council may consider amendments to the Official Plan or Zoning By-law Wwhere Lake Management Plans or Strategies reveal new planning issues not already addressed by this Plan, they may be included as an amendment to the Official Plan.

D15.2

Council supports the preparation of Lake Management Plans and Strategies that may assess issues such as: a) b) c) d) e) f) g) gh)

D15.3

recreational capacity; shoreline development; lake level management; fisheries; vegetation retention and health; shoreline erosion; and, cottage conversion; and, septic system maintenance and inspection and other issues important to lake communities.

Lake Management Plans and Strategies should define specific characteristics of the lake and shoreline areas, including: a) b) c)

natural features; landscape character sites; cultural and historic features;

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d) e)

D15.4

detailed environmental features such as nesting sites and other habitat areas; and, density of development in relation to lake surface area, and shoreline.

Such Plans are also encouraged to establish monitoring programs and/or remediation programs to be primarily implemented by local residents and stakeholders such as the Residents’ Associations, the MunicipalityTown, the District of Muskoka and the Province.

D3D12.5.2D16

LAKE STEWARDSHIP

D16.1

Council will foster the concept of lake stewardship in order to encourage the protection of natural features and ecological functions, the rehabilitation and naturalization of waterfront lands, to improve the quality of source water and monitor changes to the lake ecosystem.

D16.2

The Town will may establish partnerships with public agencies and private associations and individuals to provide guidance, assistance and resources to associations and individuals wishing to undertake projects that will improve the health of the Town’s lakes, rivers and streams.

D16.3

Parks Canada will be consulted in relation to development activities and stewardship efforts along the Trent Severn Waterway National Historic Site (Severn River and Sparrow Lake).

D412D17

LAKE SPECIFIC POLICIES

D412D17.1

KAHSHE LAKE AND BASS LAKE

D417.1.1

Development of lands within 300.0 metres of the shoreline of Kahshe Lake that are located within the boundaries of the communities of Kluey's Bay and Kilworthy as defined in Schedule A, shall have regard to the policies of this section. Shoreline lots within the communities Communities shall be subject to the requirements of this section, particularly in relation to lot development and redevelopment standards.

D4D17.1.12

The aesthetic and environmental quality of the lakes shall be maintained and enhanced through land use planning and lake stewardship initiatives.

D4D17.1.23

The natural qualities that help define the character of the lakes include their topography and landscape, their shorelines with a natural and undeveloped appearance and their significant natural areas and habitats. The cultural features of the lakes also define the character of the lakes, from the clustering of development in Kluey's Bay, and Kilworthy and Housey’s Rapids, and the historic resorts and marinas that have been the focus of community activities, to the large number of multi-generational family owned properties, remaining large family owned properties and the significant number of water access properties. The lakes are characterized

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by smaller cottages/dwellings that tend to blend in with the surrounding natural features. Shoreline structures tend to be modest in size and do not dominate their shorelines. These natural and cultural features will be protected and enhanced while allowing a limited amount of new development and careful redevelopment allowing careful new development and redevelopment of existing properties, consistent with the lakes' ability to sustain additional development.

D4D17.1.34

When viewed from the water, the visual impact of development from the water is an important consideration in maintaining the character of the lakes. The natural environment is intended to be the dominant landscape feature around the lake. Disturbance on lots should be limited and minimized and the maximum amount of vegetation should be retained on a lot. Vegetation should be maintained on skylines, ridge lines or adjacent to the top of rock cliffs. Additional natural screening should be provided to supplement existing vegetation along the shoreline. In general, structural development that would occur above the tree line should not be permitted.

D4D17.1.45

Over the planning period, efforts Efforts are required to increase the amount of lake front land that is permanently conserved in its natural state or is in public ownership, through parkland acquisition, establishment of conservation easements and acquisition through land trusts.

D4D17.1.56

Due to the large number of water access properties on the Kahshe Lake, the redevelopment of existing resort commercial properties must include a marina component sufficient to provide continued and ongoing docking and parking facilities to meet the requirements of the redevelopment project as well as the existing water access properties. Any change in zoning or property use must also recognize the above requirements to provide current and future access to water access properties.

D4D17.1.67

Privately owned (non-commercial) and maintained waterfront landings are encouraged in appropriate locations to provide permanent access to water access only properties. Waterfront landings are facilities which provide mainland docking and parking facilities required for water access properties. Waterfront Landings are not intended for large storage facilities, marina use, or commercial use.

D4D17.1.78

Waterfront landings may be permitted or expanded provided the following matters are addressed: a)

The proposed use complies with the provisions of the Zoning Byalw; approval will be subject to a Zoning By-law Amendment and Site Plan Agreement;

b)

such facilities may be secured through ownership or through a registered right-of-way;

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c)

an assessment of the current capacity, condition and tenure of existing facilities and confirmation of the need for such a facility;

dc)

the property has adequate area and frontage to accommodate the facilities, but should not be smaller than 1,393.51,400 square metres m2 (15,000.0 ft2) in area and a minimum of 30.0 metres of water frontage and 10.0 metres metres of water frontage per boat slip;

ed)

sufficient docking and parking facilities will be provided to serve the primary residential water access use(s);

fe)

the property, particularly the shoreline, is suitable for the use;

gf)

access to and from the facility be by both water and land is suitable;

hg)

the facility will not have a negative impact on fish habitat or other aspects of the natural environment;

ih)

the facility is designed in a manner that is compatible with abutting properties, natural buffering of the parking areas shall be maintained;

ji)

parking facilities are setback at least 30.0 metres from the shoreline and a natural vegetative buffer is maintained within the setback area;

kj)

generous side yards shall be maintained to provide for screening and buffering of neighbouring residential properties;

lk)

a minimum of 2 vehicle parking spaces and storage space for boat trailers for each boat slip; and,

ml)

stormwater management and construction mitigation is addressed.

In general, the size of the waterfront landing and the number of properties it serves will depend on the suitability of the site and its impact on the abutting properties.

D4D17.1.89

Areas traditionally used as family cottage compounds, children's camps or other establishments providing common use of recreational or waterfront facilities are permitted to operate and be redeveloped for similar use provided the number of units is not increased and provided there is no negative impact on the property or surrounding lands. The redevelopment of any residential uses shall require individual sewage disposal and water supply systems for each dwelling unit.

D4D17.1.910 The minimum lot frontage for all new lots shall be 90.0 metres, with the exception of lots that are created to separate existing residential units or cluster developments, in which case the minimum lot frontage should be Town of Gravenhurst Official Plan DRAFT Official Plan 2016

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approximately 60 metres per lot and an area of 0.4 hectares. The minimum lot area for new vacant lots shall be 1.0 hectare.

Development of cluster lots that maintain a significant amount of shoreline in a natural state may be considered on Kahshe Lake and Bass Lakes.

D4D17.1.110 In all areas identified as Steep Slope Areas or adjacent to Boat Channel Protection areas, the minimum lot frontage for new lot creation shall be 120.0 metres.

D4D17.1.112 The requirements of Sections D4.1.9 and D4.1.10 above are minimum requirements; the actual frontage and area of a new lot will be based on the recommendations of a site evaluation report that demonstrates that the lot is adequate to protect the natural and aesthetic feature of the site, and that demonstrates how the lot can satisfy the principles of this Plan.

Any lot having less than 30.0 metres frontage and 0.3 hectares of area shall require an Amendment to the Zoning By-law prior to being developed.

D4D17.1.132 Notwithstanding the requirements established in Section D4.1.9 where a property owner proposes to convey lake front land for conservation purposes, shoreline lots with smaller frontages may be recognized, where in exchange a significant area of land is preserved in perpetuity for conservation purposes and conveyed to a public authority or private foundation. A minimum lot frontage of 45.0 metres would be required for any residential lot considered in this instance as long as an equal minimum 45.0 metres is conveyed for conservation.

D4D17.1.143 Circumstances may occur where smaller requirements are appropriate and desirable. Variance to these standards may be considered by zoning amendment or application to the Committee of Adjustment provided the intent of the Plan is maintained, that is, where the land has features that compensate for the deficiencies from the requirements. Situations in which variances may be considered include: a property with large frontage and a smaller lot area; or if a large lot area exists and the frontage is slightly less than the requirement. Increased building setbacks and landscaping measures that maintain or enhance the visual integrity of the area may be required as conditions of development in such instances. Any such request shall be accompanied by a site evaluation report and site plan that supports the proposed requirements.

D4.1.14

New lot creation for water access only properties shall be required to have long term mainland docking and parking facilities in accordance with Section D2.4 c) of this Plan.

D4D17.1.15

The minimum setback for all structural development (including redevelopment on existing properties) shall be 30.0 metres, measured horizontally from the high water mark. This provision does not apply to docks or boathouses or other approved shoreline structures.

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D17.1.16

A lesser setback may be permitted only if: a)

it is not physically possible, due to terrain or lot depth features, to meet the required setback, or

b)

in the case of redevelopment of a property, the imposition of the new setback would result in a more negative impact on the property than allowing reconstruction at the existing setback.

D17.1.17

Parking areas on a lot shall be located as far back as possible from the shoreline, and should not be located between the dwelling and the shoreline.

D17.1.18

In general, the size of boathouses or boat ports should not exceed the following standards:

D17.1.19

a)

a maximum width of 15 percent of the frontage of the lot or 12.5 metres, whichever is lesser;

b)

a maximum projection into the water of 10.0 metres;

c)

boathouses, boat ports and gazebos shall not exceed one storey in height, and shall not include an attic;

d)

a boathouse shall not exceed 3.9 metres in height measured from the high water mark to the peak of the roof or the floor of an uncovered rooftop deck, as the case may be. The roof shall not exceed a 4/12 pitch; and

e)

a boathouse may include an uncovered rooftop deck.

On lots with less than 30.0 metres of frontage, boathouses that project into the water are not permitted.

D4D17.1.1620 The Zoning By-law implementing this Plan shall limit dwelling sizes to:   D4.1.1717.1.21 D17.1.21.1

- 375.0 square metres gross floor area; - 2 ½ stories - height Home Occupations

Home occupations may be permitted on shoreline properties as an accessory use to a permitted residential use on a site specific basis and provided they do not have an adverse impact on the lake or surrounding properties. The Zoning By-law shall provide an appropriate range of uses and development standards to regulate home occupations. Such home occupations shall not include any automotive or marine related uses.

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D17.1.21.2

Bed and Breakfast establishments are a form of home occupation that may be permitted on a site specific basis and provided an Amendment to the Zoning By-law is processed to recognize the use. A bed and breakfast establishment shall meet the following minimum criteria before a Zoning Amendment is processed: a)

limited to a maximum of three accommodation bedroom units, located in the main dwelling or in an approved sleeping cabin with no housekeeping facilities;

b)

sufficient parking to accommodate the number of units shall be provide;

c)

access to the property is adequate;

d)

there is no adverse impact on the neighbouring properties; and,

e)

the lot has a minimum area of 0.4 hectares and a minimum frontage of 60.0 metres.

D4.1.1817.1.22 D17.1.22.1

Site Plan

For construction, or reconstruction activities, the Town shall require submission of a construction mitigation plan by the owner and/or its contractor. At a minimum, this shall include: a)

delineation of riparian setbacks and buffers, and provisions to adequately protect these during construction (including measures to protect against mechanical damage to trees, and compaction of their roots;

b)

plans to install and maintain sediment fencing, and other erosion and sedimentation controls as required, down gradient of all areas of site disturbance;

c)

plans to manage soils and other materials, to prevent against sedimentation; and,

d)

plans to stabilize any disturbed areas as quickly as practical.

D17.1.22.2

Where construction access to such properties is by water, plans are also to demonstrate how access is to be provided, and materials handled, so as not to negatively impact on the shoreline or near shore water quality.

D17.1.22.3

For existing development: a)

land management practices as described; and

b)

in areas within 20.0 metres of the shoreline, the replanting of cleared or partially cleared areas with appropriate native

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vegetation, and treatment of such areas as minimally managed riparian zones is to be encouraged.

D17.1.22.4

Management of stormwater on site is an important component leading to shoreline protection. As a condition of approval, including the issuance of building permits, appropriate stormwater controls shall be implemented; to ensure that increased runoff does not reach the lake. Remedial drainage work will be designed so that such work will not negatively affect adjacent lands, habitat or water resources.

D134.2D17.2 THREE MILE LAKE In addition to the policies for the Waterfront Area in this Plan, Tthe following policies shall apply to the future development of Three Mile Lake in Morrison Ward D4D17.2.1

The private land holdings on Three Mile Lake are divided between large and small shoreline holdings and two small islands, all of which are located in Lot 3, Concessions 9 and 10 in the geographic township of Morrison.

Excluding the islands, the private lands account for about one-quarter of the total shoreline of the lake.

D4D17.2.2

The two islands, the single parcel on the east side and the northern part of the west side holdings in Concession 10 may be developed as single detached lots or as a vacant land condominium having either water or road access.

D4D17.2.3

The two larger parcels on the westerly side of the Lake, including the peninsula in the centre, may be developed in cluster form with common access to the Lake at a limited number of predetermined locations.

D4D17.2.4

A single lot or lots with road access may be severed from the southerly parcel on the Lake.

D4D13.32D17.3

MULDREW LAKE

D17.3.1

The special character of the Muldrew Lakes (North, South and Middle) as a series of long, relatively narrow channels is recognized. The natural environment and water quality of the lakes is to be maintained and enhanced, while allowing for modest development and reasonable redevelopment, in keeping with the character of the lake.

D4D17.3.12

The creation of a new lot on Muldrew Lake is subject to the following policies: a)

backlot development shall not be permitted on the peninsulas between parts of the lake;

b)

the minimum lot frontage shall be 120.0 metres;

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c)

where the lot is abutting a narrow waterbody (or Boat Channel Protection Area?) , the minimum lot frontage shall be 150.0 metres;

d)

the creation of a new lot to divide existing residential dwellings may be permitted provided that each lot meets the requirements of Sections D1.5 and D2.4.

D4D17.3.32

Areas of Crown land on Muldrew Lake, including the Eagle Lakes, are expected to remain under public control and may be used for public recreation purposes.

D4D17.3.43

The two existing commercial properties on Muldrew Lake have been serving the public interest for many years and are expected to continue to do so in their present form. However, any application to expand the trailer park on North Muldrew will require a Site Evaluation Report (as detailed in Section I1.4.30) and a careful consideration of the impact of the proposal on the existing lake population. An Amendment to the Zoning By-law will also be required. Any redevelopment to another form of land use will require an Official Plan Amendment.

The existing landing and car parking area on Middle Muldrew will also require a Site Evaluation Report (as outlined in Section I1.4.30) prior to any expansion or change in use because of its small size and close relation to adjacent residential development.

D4D17.3.54

The permitted uses for lands within the Muldrew Lake designation shall be limited to single detached dwellings, mainland waterfront landings for water access and existing commercial uses.

D4D17.3.65

Boathouses shall be permitted if the subject parcel has a minimum lot frontage of 90.0 metres and provided the structure is one storey with no attic, dormers, or human habitation, has a maximum height of 3.9 metres from the water to the roof ridge, has a minimum side yard of 6.0 metres and the structure has a sloped roof.

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SECTION E – RURAL E1

RURAL AREA

E1.1

IDENTIFICATION The Rural Area designation applies to lands in the Town of Gravenhurst which are characterized by rural landscapes comprised of agricultural areas, resource exploitation, rural residential development, natural open space and generally large parcel sizes. The Rural Area designation applies to lands that are not identified as part of the Gravenhurst Urban Centre, Community AreaRural Settlement Area, or Waterfront Area: Within the Rural Areas there are more specific designations including:      

E1.2

Recreation Area Highway 11 Commercial Special Character Area Airport Industrial Area Near Community Area Natural Heritage Area Open Space Area

GOAL To protect and enhance the character, the quality of life and the environment of rural lands located outside of the Gravenhurst Urban Centre the Community AreaRural Settlement Area and Waterfront Area as otherwise identified in this Plan.

E1.3

OBJECTIVES a)

To ensure that development is compatible with the open and natural character of the Rural Area and does not require the introduction of urban services into the Rural Area.

b)

To encourage the maintenance and development of low-intensity recreational uses, such as four season trails, in the Rural Area of the Town, provided the use has a minimal impact on the character of the Rural Area and is properly sited.

c)

To ensure that agricultural uses remain a part of the rural landscape.

d)

To ensure that agricultural activities are undertaken in an environmentally sensitive manner.

e)

To ensure that non-agricultural uses which may have an impact on farm operations are not permitted.

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f)

To permit land and resource based recreational and tourist facilities that are compatible with the environment and surrounding land uses.

g)

To prevent the urbanization of the rural environment.

E1.4

PERMITTED USES

E1.4.1

The primary use of lands in the Rural Area designation shall be resourcebased activities including agriculture and recreation. In addition, limited rural residential uses may be permitted in accordance with the General Development and Lot Creation policies of this Plan. Residential uses shall be limited to single dwellings on single lots at a sustainable density based on private services. A garden suite or one secondary apartment may be permitted where they are clearly accessory to the principle dwelling and where gross density of one dwelling per 0.4 hectares is maintained. Mobile homes, new mobile home parks, and expansions to existing mobile home parks shall not be permitted. New golf courses and new campgrounds shall only be permitted in the Recreation designation and shall require an Official Plan Amendment.

E1.4.2

Small-scale industrial uses and small-scale commercial uses may be permitted provided that the uses must be located in the Rural Area due to the nature of the operation and the relationship with the other rural uses of land. In addition, small-scale institutional uses that meet the needs of the rural population and cannot be accommodated in the Community AreaRural Settlement Area may also be permitted in the Rural Area.

E1.4.3

Open Space uses, including resource management and passive recreational uses that encourage eco-tourism and outdoor education are permitted in the Rural Area.

E1.4.4

Resource based uses, including forestry, mineral exploration and extraction, and aggregate operations shall also be permitted in the Rural Area.

E1.5

GENERAL DEVELOPMENT POLICIES

E1.5.1

Development shall not be located in areas that would adversely affect existing agricultural operations. When considering development proposals in the vicinity of agricultural uses and agricultural uses in the vicinity of development, the Minimum Distance Separation formulae will be used.

The Zoning By-law will implement the Minimum Distance Separation requirements.

E1.5.2

Conflicts between agricultural and resource extraction uses and adjoining uses shall be minimized.

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E1.5.3

Agricultural operations located within 300.0 metres of a Waterfront Area shall incorporate best management practices to minimize potential transfer of contaminants and nutrients into the watershed.

E1.5.4

The impact of non-agricultural uses on surrounding agricultural activity shall be given thorough consideration prior to the approval of any nonagricultural development.

E1.5.5

It is a policy of the Plan that l Legally existing employment uses (industrial, commercial, institutional uses) shall be permitted and shall be appropriately zoned by the implementing Zoning By-law. It is also a policy of this Plan to encourage and permit the growth and expansion of these existing uses subject to the provision of adequate services, appropriate road access, and meeting the MOE D-series guidelines. All new commercial and light industrial operations or expansions to existing operations shall be subject to Site Plan Control.

E1.5.6

Small-scale commercial and light industrial uses may be permitted by Amendment to the Zoning By-law where the use has a low traffic generation, no nuisance effects on surrounding areas, a scale consistent with existing uses, generates less than 10,000.0 litres per day of domestic sewage effluent, and minimal environmental impact. Before considering such an Amendment, Council shall be satisfied that:

E1.5.7

a)

the size and scale of the proposed commercial or light industrial use is appropriate for the area;

b)

the building housing the use is set back an appropriate distance from adjacent uses and lot lines;

c)

the use is located at least 500.0 metres away from lands designated Community AreaRural Settlement Areas or Waterfront Area;

d)

outside storage shall be limited and screened;

e)

any noise emanating from the use will not have an adverse impact on the enjoyment of adjacent properties;

f)

an appropriate servicing and stormwater management plan is implemented to the satisfaction of the municipality; and,

g)

the development is subject to Site Plan Control.

Forestry operations are encouraged to follow sound forest management practices and shall be set back from all shorelines including wetlands, streams, rivers, creeks, an appropriate distance so that clearing and cutting operations do not impact the visual quality and character of the shoreline when viewed from the waterbody. Clear cutting shall be prohibited within 500.0 metres of shoreline including wetlands, streams, rivers, creeks

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unless carried out in accordance with sound forest management practices, and maintaining appropriate vegetation buffers.

E1.5.8

Recreational and snowmobile trails will be protected and expanded.

Council shall consider the impact of any non-recreational development on such trails prior to granting permission.

E1.5.9

It is a general policy of this Plan that cCommunity service and institutional uses shall be directed to the defined Gravenhurst Urban Area, and Community Rural Settlement Area. However, new minor institutional uses may be permitted in the Rural Area designation subject to an Amendment to the implementing Zoning By-law. Minor institutional uses may include churches, places of worship, community centres, clubs, but shall not include recreational camps. Before considering such an Amendment, Council shall be satisfied that: a)

the scale of the proposed institutional use is appropriate for the area;

b)

the building housing the proposed use is set back an appropriate distance from adjacent uses and from lot lines;

c)

the proposed use is located at least 500.0 metres from lands designated as Community AreaRural Settlement Area and Waterfront Area;

d)

any noise emanating from the use will not have an adverse impact on the enjoyment of adjacent properties;

e)

a servicing and stormwater management plan is established to the satisfaction of the Municipality; and,

f)

a Site Plan Agreement has been completed between the owner and the Town.

E1.5.10

Alternative energy sources including wind and solar power generation will be encouraged in the Rural Area designation provided they do not affect the scenic quality of the landscape or impact views from the municipality's recreational waterbodies.

E1.5.11

Communications Towers will be encouraged to explore options such as colocation and development on extractive and industrial lands before they are developed in the Rural Area. This Plan promotes the development of a Communications Tower siting protocol by the Town.

E1.6

LAND DIVISION

E1.6.1

The creation of new lots in the Rural Area shall recognize the Growth Management Objectives of this Plan.

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E1.6.2

New lots shall be of a size suitable for the sustainable operation of private water and sewage disposal systems. New lots for residential purposes shall be at least 1.0 hectare in area unless it is demonstrated by a hydrogeological study, completed to the satisfaction of the approval authority, that a smaller lot size is sustainable and will not adversely impact the water quality or quantity on adjacent lands. The minimum lot size shall be 0.4 hectares.

E1.6.3

Unless specified elsewhere in the Plan, new lots shall have frontage on a year round publicly maintained road.

E1.6.3

In order to implement the Growth Management policies of this Plan it is anticipated that approximately five new lots will be created in the Rural Area annually, when reviewed within the time horizon of this Plan.

E1.6.4

New rural residential lots shall be limited to a maximum of 3 lots per original 40.0 hectare lot, or an average lot size of 10 hectares per lot (including any retained lot) on other parcels. Consideration for additional lots may be given where the proposed lot is located between two existing dwellings that are less than 100.0 metres apart or within an existing rural cluster of houses where there are more than 6 dwellings within a distance of 400.0 metres.

E1.6.5

Where new lots are created for uses that require setbacks and buffers from adjacent land uses, the setbacks and buffers shall be provided on the lot on which the use is located.

E1.6.6

Residential development, other than development on existing lots or draft plan approved lots and other forms of development that may be incompatible with the aggregate operation will not be permitted to establish within 120.0 metres of approved extractive locations.

New lots shall not result in increased demands on municipal services such as roads, snowplowing, fire and police protection or community services such as schools and recreational services.

E2

RECREATION AREA

E2.1

IDENTIFICATION

E2.1.1

The Recreation Area designation includes uses such as golf courses, camps and other active recreational uses that are characterized by large land areas and developed facilities. Recreation Areas generally contribute to the economic base and character of the Municipality.

E2.2

GOAL

E2.2.1

It is the goal of this Plan to encourage opportunities for recreation and access to the natural environment in a manner that is sustainable, ecologically sound and provides an economic benefit to the municipality.

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E2.3

OBJECTIVES a)

To provide opportunities for private recreation based on the natural character of the landscape in the Town.

b)

To recognize significant commercial recreation uses and provide a basis for new uses and the expansion of existing uses.

E2.4

PERMITTED USES

E2.4.1

Permitted uses in the Recreation Area designation include passive and active recreational uses, conservation uses, linear multi-use trails, golf courses, commercial campgrounds, and commercial sports fields and facilities.

E2.5

GENERAL DEVELOPMENT POLICIES

E2.5.1

New recreational uses shall be designed and managed in a manner that minimizes the need to make significant alterations to the natural environment and avoids encroachment into Natural Heritage Features and Natural Heritage Areas.

E2.5.2

Permanent residential uses associated with permitted uses in the Recreation Area designation shall only be permitted where Council is satisfied that the use is required for maintenance, operation or security directly associated with the use.

E2.5.3

Applications for the establishment of new recreational uses shall be supported by an Environmental Impact Statement as outlined by this Plan.

E2.6

GOLF COURSES

E2.6.1

New golf courses or expansions of existing golf courses on lands not designated Recreation Area shall require an Amendment to this Plan. In considering such an amendment, the Town shall require that the development be designed and constructed in accordance with the Best Management Practices and Guidelines for the Development and Review of Golf Course Proposals (Gartner Lee, 2001), as may be amended, and the development policies of this Plan.

E2.6.2

In addition to assessing environmental impacts outlined, in Section I, new golf courses or the expansion of existing golf courses shall be supported by studies assessing impacts related to: a)

traffic;

b)

impact on municipal roads;

c)

compatibility with existing land use;

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d)

visual impact of the surrounding landscape;

e)

stormwater management report;

f)

market studies; and,

g)

irrigation water options analysis.

E2.7

CAMPGROUNDS

E2.7.1

The development of new campgrounds for commercial or non-commercial purposes shall require an amendment to this Plan. Expansions to existing campgrounds in excess of 50 percent of the current number of campsites as of the date of adoption of this Plan shall also require an amendment. In addition to assessing environmental impacts outlined, in Section I, new applications for campgrounds or expanding campgrounds shall be supported by studies assessing impacts related to: a)

traffic;

b)

impact on municipal roads;

c)

compatibility with existing land use;

d)

visual impact of the surrounding landscape; and,

e)

stormwater management report.

E2.7.2

New or expanding campgrounds shall be supported by Studies.

E2.7.3

Campgrounds shall be designed and developed with minimal alteration to the natural landscape other than what may be necessary for roads and services.

E2.7.4

Accessory commercial and institutional uses such as a convenience store or place of worship may be permitted in a campground provided that the use of such facilities is restricted to users of the campground.

E2.7.5

Standards for minimum site areas, setbacks from abutting lands and other site development features will be established in the Zoning By-law. In addition, all campgrounds shall be subject to Site Plan Control.

E3

HIGHWAY 11 SPECIAL CHARACTER AREA

E3.1

IDENTIFICATION

E3.1.1

The Highway 11 Special Character Area designation applies to existing lands located adjacent to Highway 11, and located south of the Gravenhurst Urban Centre to the Severn River. This area is characterized by businesses which serve the needs of travelers, cater to the recreational or tourist market, or require large lot areas and easy highway access.

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E3.2

GOAL

E3.2.1

To encourage development and redevelopment of commercial businesses within the Highway 11 Special Character Area where such development does not adversely impact current or future highway realignments, where new accesses are not obtained from the exiting Highway and long term access will be obtained from service roads. In the absence of detailed information respecting the Province’s plans for Highway 11, it is the goal of this Plan to encourage development and redevelopment of commercial businesses within the Highway 11 Special Character Area in a manner that can be accommodated without the need for piped municipal services and with restricted access to Highway 11 North and South. This goal will be reviewed at the time of a five-year review in light of any new information provided by the Province.

E3.3

OBJECTIVES a)

To ensure that the design of new or redeveloped Highway 11 Special Character Area businesses are sensitive to the architectural and natural character of the Town and contribute to the improvement of the appearance of the Highway Corridor.

b)

To improve traffic safety on the Highway.

c)

To promote the existing businesses and enhance their capacity to contribute to the economy of the Town.

d)

To ensure that uses are sustainable on private services and will not result in the need to extend urban services.

e)

To plan for changes in land use recognizing the intent of the Province to change Highway 11 to a fully controlled access highway.

f)

To maintain the character of the landscape in order to promote the corridor as the Gateway to Muskoka.

E3.4

PERMITTED USES

E3.4.1

On properties that are not developed as of the date of approval of this plan, uses shall generally be limited to low intensity uses permitted in the Rural designation. On properties that are already developed, the following additional uses may be permitted : Commercial uses that rely on highway traffic and relate to the tourist or travelling public shall be the principal use in this area. These uses include motels, restaurants, fuel sales, recreational related retail sales, recreational vehicle sales and service and seasonal farm produce, berry and garden centres.

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E3.4.2

Commercial uses related to building, construction and landscaping uses shall be permitted provided that open storage is not permitted in the front yard.

E3.4.3

Small-scale industrial uses related to tourism, recreation or the needs of the travelling public shall also be permitted including light manufacturing and processing, indoor storage and warehousing provided that outdoor storage of unfinished products is not permitted in the front yard. These uses must be setback a sufficient distance from the Highway and appropriately buffered with native plantings to ensure the area forms an attractive visual gateway into Gravenhurst. Such uses shall be low water using, and low sewage effluent producing.

E3.4.4

Small-scale institutional uses servicing local residents may also be permitted in this designation provided that the use does not conflict with or restrict the expansion of existing uses.

E3.4.5

Residential uses will be limited to existing uses and accessory residential uses for a property owner or caretaker.

E3.4.6

All uses in this designation will develop on the basis of sustainable private sewage and water services.

E3.5

GENERAL DEVELOPMENT POLICIES

E3.5.1

Re-construction and improvement of Highway 11 will result in the need for many existing commercial uses to change and adapt to different traffic patterns. The Town will assist in this transition wherever possible to ensure that the change of focus does not result in undue hardship for the property owners.

E3.5.2

The Ministry of Transportation will seek to consolidate existing entrances and reduce the number of existing entrances wherever possible with the long term goal being the conversion of Highway 11 to a fully controlled access highway with no private entrances or at-grade intersections and all access via grade separated interchanges. New entrances to Highway 11 will only be permitted where no alternative access options exist. The Town may require consolidation of entrances or alternate access as a condition of development approval.

E3.5.3

In the redevelopment process the Town will require the number of access points on the current highway to be reduced where possible and defined through curbs, pavement markings and clear signage.

E3.5.4

New and expanding uses must be sustainable on private services and potable private water supplies. Where existing lot sizes do not meet current standards for sustainable private services, it may be necessary to add additional lands or for development to be based on tertiary sewage

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treatment systems. No development will be permitted on the basis of extending municipal sewage or water services.

E3.5.5

Through the redevelopment of existing uses, the appearance of buildings and lands in this area shall be improved to reflect the architectural and landscape character of Muskoka. Landscape plans shall be required to be prepared by the applicant and approved by the Municipality.

E3.5.6

Outdoor storage areas shall be substantially screened from view from passing traffic and adjacent land uses, and specifically prohibited in yards directly adjacent to Highway 11.

E3.5.7

All lands within the Highway 11 Special Character Area designation shall be placed in an appropriate zone in the implementing Zoning By-law. The By-law will zone commercial, industrial, institutional and residential lands in separate zones to ensure that permitted uses are compatible.

E3.5.8

Through the development or redevelopment process, character features such as the large white pine trees and frequent rock outcrops that define the Muskoka character shall be identified and protected.

E4

AIRPORT INDUSTRIAL AREA

E4.1

IDENTIFICATION The Airport Industrial Area designation includes lands that form part of the Muskoka Airport and those lands in the immediate vicinity of Highway 11, and the airport, save and except for those lands designated as Natural Heritage Area. Lands adjacent to Winhara Road are also considered part of the Airport Industrial Area.

E4.2

PERMITTED USES

E4.2.1

The Airport Industrial Area will develop as a mixed commercial and industrial use area for employment uses that, due to their size and natures are not suited to the Urban Service area and can benefit from close proximity to the Muskoka Airport.

E4.2.2

Medium and light industrial uses that do not conflict with Federal Aeronautics Regulations and that do not conflict with the operation and expansion of the Muskoka Airport are permitted in this area.

E4.2.3

Service commercial uses that provide services to the airport and general aviation and transportation shall be encouraged to locate directly on or in close proximity to the airport lands.

E4.2.4

Small-scale commercial uses such as restaurants, motels, automotive fuel sales and convenience retail uses shall be permitted adjacent to the airport lands.

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E4.3

GENERAL DEVELOPMENT POLICIES

E4.3.1

The Airport Industrial Area shall be developed on the basis of private water and septic services. Commercial development using more than 10,000.0 litres of water per day or that requiring a high level of servicing should occur only in areas where both municipal water and sanitary sewer facilities are available and where the capacity of the system is adequate to support the demands that such development may place on the system. It is intended that "low water using and effluent producing" commercial development may be permitted when full municipal services are not available, subject to the policies of J5 and the approval of Ministry of the Environment where applicable. The permitted uses shall utilize water for domestic type uses only and not as a part of the processing procedure; and uses shall be low effluent producing.

E4.3.2

All lots created shall be sized to accommodate industrial or commercial uses and shall have an area suitable to accommodate a sewage waste disposal system, as determined by the hydrogeological study.

E4.3.3

The Town, in conjunction with the District, will investigate the potential of providing full municipal services to the Airport Industrial Area through an Environmental Assessment Study. If services are extended to the Airport Industrial Area, an Amendment to both the Gravenhurst Official Plan and Muskoka Official Plan will be required.

E4.3.4

The minimum lot area, frontage, setbacks and maximum lot coverage of a building shall be established in the Zoning By-law.

E4.3.5

Buildings that have high visibility from Highway 11 shall be required to have upgraded building facades and attractive landscaping and signage to the satisfaction of the Town. In addition, new buildings shall be sited in a manner so as to maximize the spatial separation of each building.

E4.3.6

An adequate water supply for fire protection shall be provided and maintained by the owners of the subject property to the satisfaction of the Town of Gravenhurst Fire Department and Town of Gravenhurst.

E4.3.7

A single residence accessory to the primary use shall only be permitted where Council is satisfied that there is a need for security, operation or maintenance of the use that justifies full time occupation.

E4.3.8

The use of lands and the height of buildings and structures in the vicinity of the Airport may be restricted by Federal Aeronautics Act zoning.

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E5

AGGREGATE EXTRACTION NOTE: POLICIES ON AGGREGATE EXTRACTION HAVE BEEN CONSOLIDATED IN SECTION I

This Plan shall recognize existing pits and aggregate operations that are still operating. Existing operations shall also be appropriately zoned in the Zoning By-law. The establishment of new operations or the expansion of existing operations beyond current property boundaries, except for wayside pits and quarries, shall require an Amendment to this Plan and an Amendment to the Zoning By-law. New extractive uses shall also be subject to Site Plan Control.

Minor expansions to existing aggregate extractive operations that do not involve the blasting or crushing of consolidated aggregate may be permitted by amending the Comprehensive Zoning By-law.

Applications for new or expanding aggregate extractive operations shall be supported by the appropriate studies to address the requirements of Section I, (Environment).

New or expanding extraction and mineral operations should be set back from residential areas and screened from view of adjacent uses and roads to the greatest extent possible. Appropriate setbacks will be determined in accordance with technical studies completed to assess noise, vibration, dust, and visual impact. Aggregate operations shall not eliminate significant landscape features.

E6E5

NATURAL HERITAGE AND OPEN SPACE AREA Where lands are located within the Rural portion of the municipality and are identified on Schedule A as Natural Heritage Area or Open Space Area the policies of Sections G, Natural Heritage Area and H, Open Space Area shall apply.

E5.1

Lands designated Natural Heritage Area within the Rural Area shall be subject to the provisions of Section I of this Plan.

E5.2

Lands designated Open Space within the Rural Area shall be subject to the provisions of Section H of this Plan.

E67

NEAR COMMUNITY AREA

E6.1

The Near Community Area, as shown on Schedule A is located immediately adjacent to the Community AreaSevern Bridge. Development pressure in this area is sufficient to warrant more specific development policies.

E6.2

The lands designated Near Community Area on Schedule A are intended to provide a reserve and direction for future community growth once the

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Community AreaRural Settlement Area is substantially developed. In the interim, these lands shall be used primarily for uses existing as of the date of the adoption of this Plan or for single detached residential dwellings. The subdivision of land for residential development is not permitted.

E6.3

The Community Rural Settlement Area boundary shall not be expanded to include the Near Community Area until such time as a comprehensive review demonstrates that all available land within the Community Plan has been exhausted.

E6.4

In addition to the comprehensive review noted above, prior to any expansion of the Near Community Area boundary to include lands within the Near Community Area, the following additional analyses will be required to the satisfaction of Council:    

Financial impact assessment Functional servicing plan Biophysical report Heritage and archaeological assessment

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SECTION F – COMMUNITY RURAL SETTLEMENT AREA F1

COMMUNITY AREA

F1.1

IDENTIFICATION The Community Rural Settlement Area designation is comprised of the hamlets of Barkway, Housey's Rapids, Kilworthy, Kluey’s Bay and Severn Bridge.

Rural Settlement Areas are smaller clusters of residential, employment, commercial, tourist and institutional uses that have developed historically as small rural service centres. These areas continue to provide a focus for community activities and services for the rural residents of the Town.

F1.2F2

GOAL To direct the majority of new residential development and small-scale commercial and institutional uses located outside of the Gravenhurst Urban Centre to the existing Community Rural Settlement Areas, where such areas have the potential to expand. .

F1.3

OBJECTIVES a)

To maintain the rural character of Community Rural Settlement Areas.

b)

To ensure that new development is sustainable on private services.

c)

To provide opportunities for small-scaleappropriate non-residential development in CommunityRural Settlement Areas.

d)

To recognize the historic role of the existing development nodes represented by CommunityRural Settlement Areas.

e)

To provide public spaces, parks and greenspaces, where residents can meet, connect and congregate for social interaction.

F1.4

PERMITTED USES

F4.1

Permitted uses will be limited to the following: a) b) c) d)

Low density residential uses, Commercial and tourist commercial uses Small scale employment and institutional uses; and Open space and public uses.

Development in Community Areas shall be primarily single detached residential in nature.

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neighbouring rural areas shall be permitted provided that they are compatible with existing uses.

F4.2

New mobile home parks are will be prohibited. from developing in Community Areas on private services.

F1.5

GENERAL DEVELOPMENT POLICIES

F5.1

CommunityRural Settlement Areas shall develop on the basis of private wells and septic systems in a manner that is sustainable and in keeping with the character of the community.

F5.2

New residential lots may be created as infilling within the CommunityRural Settlement Areas. New lots should be 1.0 hectare in size unless it is shown to the satisfaction of the Town and the District through the completion of a hydrogeological report that a smaller lot size is sustainable on private services without adversely impacting other wells or septic systems in the area.

Unless specified elsewhere in the Plan, new lots shall have frontage on a year round publicly maintained road.

F5.3

Limited residential intensification, in the form of second residential units, may be permitted on residential properties, either within a single detached dwelling, or as a secondary dwelling on the property, provided the site is suitable for the use, can be serviced with private individual sewage and water systems, has adequate parking to accommodate the use.‌

F5.4

Employment, commercial, tourist commercial and institutional uses may be developed within the Rural Settlement Area provided they are at a scale that is consistent with the character of the surrounding area and uses.

F5.5

Adequate buffering between non-residential and residential uses will be provided. The degree to which such uses will be separated and the adequacy of buffer planting or screening will depend on the nature of the use.

F5.6

Development is limited in scale to low water using and low effluent producing uses. These uses are characterized as uses that a) b) c) a)d)

Use a water supply similar to domestic requirements; Do not generate large quantities of liquid effluent; Do not use water for processing; and Do not create discharge which would be a hazard to ground or surface water, or negatively affect the operation of the sewage disposal system.

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Community Areas are smaller clusters of residential, commercial and institutional uses that have developed historically as small rural service centres. These areas continue to provide a focus for community activities and services for the rural residents of the Town.

F6

F6.1

F.6.2

NATURAL HERITAGE AND OPEN SPACE AREAS Where lands are located within the Community Areas of the municipality and are identified on Schedule A as Natural Heritage Area or Open Space Area the policies of Sections G, Natural Heritage Area and H, Open Space Area shall apply.

Lands designated Natural Heritage Area within the Rural Settlement Area shall be subject to the provisions of Section I of this Plan.

Lands designated Open Space within the Rural Settlement Area shall be subject to the provisions of Section H of this Plan.

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SECTION G – NATURAL HERITAGE AREA GENERAL NOTE: THIS SECTION WILL BE REVISED BY RELOCATING APPLICABLE POLICIES TO SECTION I. G1

NATURAL HERITAGE AREA

G1.1

IDENTIFICATION

G1.1

The Natural Heritage Area represents identified wetland features, identified sensitive and significant environmental features, areas exhibiting significant biodiversity and lands that act as buffers and connections between these areas. In addition, Natural Heritage Areas may include natural hazard lands such as flood plains, steep slopes and organic soils within the Town of Gravenhurst.

G1.2

The Natural Heritage Area and any adjacent lands are subject to the provisions of Section I. is defined in general terms as a single designation on Schedules A and A-1. Schedule B identifies these areas and other special habitat areas more specifically based on the features or function for which the area has been identified as being sensitive or significant.

The policies of this section affect all of the lands in the Town of Gravenhurst.

G1.2

Goal It is the goal of this Plan to protect and enhance environmentally sensitive lands, features and functions within the Town through the adoption of an “Environment-First” principle.

G1.3 a)

Objectives To identify all significant environmental features and associated ecological functions and ensure their protection takes precedence over the development of such lands.

To minimize changes to or improve the water quality and hydrological characteristics of watercourses, lakes, aquifers and wetlands resulting from human activity.

To minimize the significant loss or fragmentation of significant woodland features and the habitats and ecological functions they provide.

To restrict new development that will result in a significant negative impact to the ecological functions and processes of watercourses, lakes, aquifers and wetlands.

To maintain and protect significant wildlife habitat, corridors, fish habitat and the habitats of endangered and threatened species.

To preserve and enhance areas of fish habitat in accordance with Federal and Provincial requirements.

To provide buffers and connectivity between significant habitat and other environmental features to preserve the ecological functions of those areas.

b)

c) d)

e) f) g)

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h)

G1.4 G4.1

To prevent the development of lands that are physically unsuited for development in order to protect life and property while enhancing environmental connectivity, unique physical or geological characteristics and natural aesthetics of the Town.

Permitted Uses Lands designated as Natural Heritage Area should generally be maintained in a natural state and provide connectivity between natural features.

G4.2

Lands adjacent to Natural Heritage Area should be used for natural buffer areas in order to protect the integrity of the features and ecological functions of the Natural Heritage Area.

G4.3

Passive recreational uses and eco-tourism uses, such as nature viewing, education and pedestrian trail activities, shall be permitted provided that there is minimal site alteration and the impact of such uses are minimized to the greatest extent possible. In this regard, the Town may require that studies be prepared to demonstrate minimal impact upon these features prior to site alteration to the satisfaction of the Town.

G4.4

Forestry and resource management uses where undertaken in a manner that minimizes any potential impact on the natural features and functions of the area shall also be a permitted use. In addition, watershed management and flood and erosion control projects carried out or supervised by a public agency shall be permitted.

G4.5

Archaeological activities and educational activities intended to assist in the protection of the Natural Heritage Area shall be permitted.

G4.6

Public utilities and roads should avoid the Natural Heritage Area designation wherever possible. Encroachment into these areas and the associated buffer areas shall only be permitted following the completion of an Environmental Assessment under the Environmental Assessment Act.

G1.5 G5.1

General Development Policies The alteration of the physical and/or biological features of lands designated Natural Heritage Area shall be prevented wherever possible.

G5.2

In those cases where the alteration to any Natural Heritage Area is proposed, it shall be supported by appropriate justification in the form of an Environmental Impact Statement as described in Section I1.4.29 (Environmental Impact Statement) of this Plan and shall first be justified in terms of need and an examination of possible alternatives to the alteration.

G5.3

Development and site alteration is not permitted in Provincially Significant wetlands.

G5.4

The precise boundary of any Natural Heritage Area shall be determined as a component of an Environmental Impact Statement or Site Evaluation Report. Until such an evaluation is complete, no development shall be

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undertaken within a Natural Heritage Area or on the adjacent lands.

Adjacent lands are the lands adjacent to a Natural Heritage Area where the potential impacts of a development proposal must be considered G5.5

Policies regarding adjacent lands are found in Section I1.4.31.

G5.6

Not all of the natural heritage features in the Town have been designated Natural Heritage Area or incorporated on the Land Use Schedules at the date of the adoption of this Plan. As new information becomes available, additional lands may be incorporated into the Natural Heritage Area designation as part of the five-year review or as an Amendment to the Official Plan required by the Planning Act.

G5.7

Any application for the redesignation of an area of private lands designated Natural Heritage Area may only be given due consideration where it is established to the satisfaction of Council through an Environmental Impact Statement that the lands are not part of the environmental feature and that any development proposed will have no negative impact on the environmental features or function of the area.

G5.8

The scale and the content of the required studies shall be determined at the time the development is proposed. The extent of the adjacent lands may be increased or decreased depending on the feature and the nature of the proposed development.

G5.9

Nothing in this Official Plan shall be construed to imply that Natural Heritage Area lands are free and open to the general public or that such areas will be purchased by the Town or any other public agency.

G5.10

Lands designated Natural Heritage Area shall not be accepted as parkland dedication in the development process. However, the Town will encourage the transfer of Natural Heritage lands to a public authority, a Heritage Foundation, or members of the Ontario Land Trust Alliance or other similar organization.

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G5.11

The boundaries of the Natural Heritage Area designation are delineated in a conceptual manner on Schedules A and A-1 to this Plan. The exact location of the boundaries are intended to be delineated in the implementing Zoning By-law in accordance with detailed mapping provided by the Province or as produced by the Town, and will not require an Amendment to this Plan.

G5.12

The Zoning By-law shall incorporate general setbacks for lot lines, buildings, structures, parking areas and other similar facilities from lands designated Natural Heritage Area in relation to the extent and severity of the natural environmental features and ecological functions of the area.

The Town will evaluate this general setback for specific development applications, as established in the Zoning By-law to provide the appropriate setback required to protect the area from the impacts of construction. A greater setback may be required to reflect site specific circumstances.

G5.13

The creation of new lots that would fragment Natural Heritage Areas or potentially reduce connectivity between areas shall not be permitted.

G5.14

It shall be the policy of this Plan that all development be set back at least 30 metres from the high water mark of any water feature. Where this setback cannot be provided due to physical conditions or existing buildings, a lesser setback may be used provided that maximum vegetative buffers between the development area and high water mark are enhanced and maintained by the landowner through Site Plan Control.

G5.15

Proposals for the creation of more than three lots partially within or adjacent to the Natural Heritage Area designation will require a detailed EIS. Three lots or less adjacent to the Natural Heritage Area designation will require the preparation of a scoped EIS.

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SECTION H – OPEN SPACE AREA H1

OPEN SPACE AREA

H1.1

IDENTIFICATION

H1.1

The Open Space Area designation includes public lands such as Provincial Parks and Conservation Reserves, Crown land, linear trail corridors, and passive parkland.

H1.2

GOAL

H2.1

It is the goal of this Plan to maintain sensitive and remote lands and provide access to the natural environment in a manner that is sustainable and ecologically sound. In addition, the Open Space Area provides connectivity between Natural Heritage features in a manner that provides an Open Space Area system in the Municipality.

H1.3

OBJECTIVES a)

To encourage the preservation of present and future linear trail systems for the benefit of the residents and visitors to the Town.

b)

To participate and support, where appropriate, the initiatives of other agencies and groups in establishing or expanding interconnected linear and other recreational open space systems within the Town.

c)

To maintain remote areas and Crown lands in their natural state.

H1.4

PERMITTED USES

H4.1

Permitted uses in the Open Space Area designation include passive recreational uses, conservation uses, linear multi-use trails, and forestry uses in accordance with good management practices.

H1.5

GENERAL DEVELOPMENT POLICIES

H5.1

It is recognized that Crown lands within the Town are used in accordance with the policies and regulations of the Crown and are not subject to municipal policies such as Official Plans.

H5.2

Where Crown land is released for private development, the use of the land shall comply with the provisions of this Plan.

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H5.3

The following Provincial Parks and Conservation Reserves are located in the Town and identified as Open Space Area on Schedule A to this Plan:        

Torrance Barrens Conservation Reserve Loon Lake Wetlands Conservation Reserve Muldrew Barrens Conservation Reserve Jevins and Silver Lake Conservation Reserve Morrison Lake Conservation Reserve Kahshe Barrens Conservation Reserve Queen Elizabeth II Wildlands Provincial Park Severn River Conservation Reserve

H5.4

The use of these lands shall be regulated by Management Plans prepared by the Crown or other government agency.

H5.5

Permanent residential uses associated with permitted uses in the Open Space designation shall only be permitted where Council is satisfied that the use is required for the maintenance, operation or security directly associated with the use.

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SECTION I – NATURAL HERITAGE AND ENVIRONMENT I1

ENVIRONMENT

I1.1

IDENTIFICATION

I1.1

This section of the Official Plan establishes a series of policies related to the protection of the natural and man-made environment in the Town of Gravenhurst. The policies establish criteria related to a wide range of natural and man-made conditions and circumstances that affect our existence and development.

The policies deal with the natural environment, hazards, built form and other circumstances that need to be considered in the development process.

I1.2

The policies in this section of the Plan affect all of the lands in the Town of Gravenhurst.

I1.2

GOAL

I2.1

To protect and enhance environmentally sensitive lands, features and functions within the Town through the adoption of an “Environment-First” principle.

I2.2

To fulfil the “Environment-First” principles identified in this Plan by establishing a series of criteria that must be met in order for development that requires planning approval to proceed within the Town.

I2.3

To ensure that new development which has or may have a detrimental impact upon the environment will not be permitted.

I3

OBJECTIVES a)

To identify all significant environmental features and associated ecological functions and ensure their protection takes precedence over the development of such lands.

b)

To minimize changes to or improve the water quality and hydrological characteristics of watercourses, lakes, aquifers and wetlands resulting from human activity.

c)

To minimize the significant loss or fragmentation of significant woodland features and the habitats and ecological functions they provide.

d)

To restrict new development that will result in a significant negative impact to the ecological functions and processes of watercourses, lakes, aquifers and wetlands.

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I1.3I4

e)

To maintain and protect significant wildlife habitat, corridors, fish habitat and the habitats of endangered and threatened species.

f)

To preserve and enhance areas of fish habitat in accordance with Federal and Provincial requirements.

g)

To provide buffers and connectivity between significant habitat and other environmental features to preserve the ecological functions of those areas.

h)

To prevent the development of lands that are physically unsuited for development in order to protect life and property while enhancing environmental connectivity, unique physical or geological characteristics and natural aesthetics of the Town.

APPLICATION To implement the Goals and Objectives of Section B of this Plan in addition to meeting all applicable Federal, Provincial, District and Town requirements, all applications for development and land division will be subject to the following development criteria located in this section of the Plan.

I4.1

The alteration of the physical and/or biological features of lands designated Natural Heritage Area shall be prevented wherever possible.

I4.2

In those cases where the alteration to any Natural Heritage Area is proposed, it shall be supported by appropriate justification in the form of an Environmental Impact and shall first be justified in terms of need and an examination of possible alternatives to the alteration.

I4.3

Many of the environmental features described in this section of the Plan are identified on Schedule B. Due to the scale of the mapping, the exact location and precise limits of the features shall be determined through onsite inspection by the appropriate authority or through the preparation of an Environmental Impact Statement or Site Evaluation Report. The boundaries of the Natural Heritage Area are delineated in a conceptual manner. The exact location of the boundaries areis intended to be delineated in the implementing Zoning By-law in accordance with detailed mapping provided by the Province or as produced by the Town, and will not require an Amendment to this Plan.

I4.4

The redevelopment of existing properties in or adjacent to natural heritage features is recognized, provided the redevelopment does not significantly impact any natural feature on the site or on adjacent lands. An Environmental Impact Statement or Site Evaluation Report may be required to determine the potential impact of the redevelopment on the natural heritage features.

In this Plan the term ‘development’ shall mean any change in use of land, building or structure that requires approval of the Municipality, except as

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permitted under the Building Code Act, construction of new buildings and structures and lot creation.

I4.5

Not all of the natural heritage features in the Town have been designated Natural Heritage Area or incorporated on the Land Use Schedules at the date of the adoption of this Plan. As new information becomes available, additional lands may be incorporated into the Natural Heritage Area designation as part of the five-year review or as an Amendment to the Official Plan required by the Planning Act.

I4.6

Any application for the redesignation of an area of private lands designated Natural Heritage Area may only be given due consideration where it is established to the satisfaction of Council through an Environmental Impact Statement that the lands are not part of the environmental feature and that any development proposed will have no negative impact on the environmental features or function of the area.

I4.7

The scale and the content of the required studies will be determined at the time the development is proposed. The extent of the adjacent lands may be increased or decreased depending on the feature and the nature of the proposed development.

I4.8

Nothing in this Plan shall be construed to imply that Natural Heritage Area lands are free and open to the general public or that such areas will be purchased by the Town or any other public agency.

I4.9

Lands designated Natural Heritage Area shall not be accepted as parkland dedication in the development process. However, the Town will encourage the transfer of Natural Heritage lands to a public authority, a Heritage Foundation, or members of the Ontario Land Trust Alliance or other similar organization.

I4.10

The Zoning By-law shall incorporate general setbacks for lot lines, buildings, structures, parking areas and other similar facilities from lands designated Natural Heritage Area in relation to the extent and severity of the natural environmental features and ecological functions of the area.

The Town will evaluate this general setback for specific development applications, as established in the Zoning By-law to provide the appropriate setback required to protect the area from the impacts of construction. A greater setback may be required to reflect site specific circumstances.

I4.11

The creation of new lots that would fragment Natural Heritage Areas or potentially reduce connectivity between areas shall not be permitted.

I4.12

All development will be set back at least 30 metres from the high water mark of any water feature. Where this setback cannot be provided due to physical conditions or existing buildings, a lesser setback may be used provided that maximum vegetative buffers between the development area

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and high water mark are enhanced and maintained by the landowner through Site Plan Control.

I5

PERMITTED USES

I5.1

Lands designated as Natural Heritage Area should generally be maintained in a natural state and provide connectivity between natural features.

I5.2

Lands adjacent to Natural Heritage Area should be used for natural buffer areas in order to protect the integrity of the features and ecological functions of the Natural Heritage Area.

I5.3

Passive recreational uses and eco-tourism uses, such as nature viewing, education and pedestrian trail activities, shall be permitted provided that there is minimal site alteration and the impact of such uses are minimized to the greatest extent possible. In this regard, the Town may require that studies be prepared to demonstrate minimal impact upon these features prior to site alteration to the satisfaction of the Town.

I5.4

Forestry and resource management uses where undertaken in a manner that minimizes any potential impact on the natural features and functions of the area shall also be a permitted use. In addition, watershed management and flood and erosion control projects carried out or supervised by a public agency shall be permitted.

I5.5

Archaeological activities and educational activities intended to assist in the protection of the Natural Heritage Area shall be permitted.

I5.6

Public utilities and roads should avoid the Natural Heritage Area wherever possible. Encroachment into these areas and the associated buffer areas shall only be permitted following the completion of an Environmental Assessment under the Environmental Assessment Act.

I1.4I6

GENERAL DEVELOPMENT ENVIRONMENTAL FEATURES

I1.4.6.1

WETLANDS

I6.1.1

It is the policy of t This Plan strives to protect all wetlands whether Provincially significant, regionally significant, locally significant. or otherwise. All w Wetlands shall be protected and maintained in a natural state. Wetland re-establishment at the expense of those responsible for the loss of wetland will be encouraged if loss or degradation occurs.

I6.1.2

The following Provincially significant wetlands have been identified through a specific evaluation procedure established and confirmed by the Province and are identified on Scheduled B:

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POLICIES

SPECIFIC

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i) ii) iii) iv) v)

Jevins Lake Wetland Lewisham Wetland Loon Lake Wetland Morrison Lake Wetland Sparrow Lake Wetland

I6.1.3

No development or site alteration shall be permitted in Provincially significant wetlands.

I6.1.4

An Environmental Impact Statement shall be required where development or site alteration is proposed within any other wetland. Development and site alteration shall only be permitted if it can be demonstrated that it will not result in a negative impact on the wetland.

I6.1.5

An Environmental Impact Statement shall be required where development or site alteration is proposed within 120.0 metres of any Provincially significant wetland or within 30.0 metres of any other wetland, as identified on Schedule B. Development and site alteration adjacent to wetlands shall only be permitted if it can be demonstrated that it will not result in a negative impact on the wetland.

No development or site alteration shall be permitted in Provincially significant wetlands.

I6.1.6

With the concurrence of MNRthe Ministry of Natural Resources and Forestry, wetland boundaries can change, and boundary verification or reevaluation may be necessary from time to time.

I6.1.7

Existing agricultural uses are permitted within wetlands except identified Provincially significant wetlands. Where agricultural uses are permitted, best management practices should be employed to protect and enhance the wetland features.

I6.1.8

Prior to development or site alteration proceeding within or adjacent to a regionally significant or locally significant wetland or other wetland, a wetland evaluation may be required in accordance with provincial evaluation procedures to determines its significance. Once the significance of the wetland has been confirmed, the applicable policies of this Plan will be applied.

I6.1.9

Where a wetland has been classified as Provincially Significant as a result of an evaluation undertaken, such wetland may be included in I4.1.2, designated as “Natural Heritage Area� on Schedules A or A-1 and identified on Schedule B Environment as a Provincially Significant Wetland without the need for an Official Plan Amendment.

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I1.4.2

CONSERVATION RESERVES/AREAS OF NATURAL AND SCIENTIFIC INTEREST Conservation Reserves/Areas of Natural and Scientific Interest (ANSI’s) are shown within the Conservation Reserve lands on Schedule B to the Official Plan. In accordance with the Provincial Policy Statement, development will be discouraged in ANSI’s and on lands within 120.0 metres of an ANSI. Development may be permitted subject to the following criteria: a)

the undertaking of an EIS has demonstrated that there will be no significant negative impacts on the natural features and ecological functions for which the area is identified;

b)

the development does not significantly alter the natural topography or geological features of the earth science ANSI; and,

c)

methods are employed to minimize the impact of the use on the values for which the site has been identified.

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I1.4.36.2

DEER WINTERING AREAS

I6.2.1

It is the policy of this Plan to recognize the importance of protecting Deer Wintering Areas within the Town, which is shown on Schedule B, composed of both Stratum 1 and Stratum 2.The following development criteria shall apply to lands as identified on Schedule B as Deer Wintering Areas.

I6.2.2

Deer Wintering Areas provide habitat for deer populations to survive though the harsh winter months. In order to maintain healthy deer populations, it is essential that these areas are maintained. Stratum 2 forms the entire deer wintering habitat and is the area occupied by deer in early winter or during mild winters. Stratum 1 is the core of the deer’s wintering habitat and is primarily composed of coniferous trees with a canopy cover of more than 60%, which limits snow depth. To date, Stratum 1 has not been mapped within the Town.

I6.2.3

Development and site alteration in Stratum 1 habitat, as identified through an EIS, shall not be permitted unless the conifer thermal cover has been mapped and it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions.

I6.2.4

Development and site alteration in Stratum 2 habitat must conserve conifer stands, feeding areas and movement corridors and shall be subject to the preparation of an EIS to identify the compatibility of the proposal and mitigation measures.

I6.2.5

New lot creation in Deer Wintering Areas will only occur if each proposed lot has a minimum lot frontage of 90 metres and a minimum depth of 90 metres. Where Deer Wintering Areas is restricted to a narrow fringe along the shoreline, a minimum of 120 metres of frontage shall be required and a minimum depth of 90 metres. In both of these areas, vegetation removal should be minimized.

I6.2.6

Access roads and driveways in Deer Wintering Areas shall avoid areas of conifer thermal cover and areas of deciduous browse within 30 to 50 metres of the conifer thermal cover.

I6.2.7

Development within Deer Wintering Areas shall be subject to site plan control to minimize and control the removal of vegetation for buildings, access, sewage disposal systems and other types of site alteration and provide for the maintenance of vegetation.

Where development is proposed within a Deer Wintering Area, the following conditions must be met: a)

applications for development in Deer Wintering Areas shall be accompanied by an EIS prepared by a qualified biologist, which has been developed and prepared to the satisfaction of the Town of

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Gravenhurst. Should the EIS reveal that a new lot is appropriate development, the new lot in accordance with the other policies of this Plan shall have a minimum frontage of 90.0 metres and a minimum lot depth of 90.0 metres; and, b)

in order to limit the removal of vegetation in Deer Wintering Areas, new lots shall also be subject to Site Plan Control and may be subject to site specific zoning.

I1.4.36.3

FISH HABITAT

I6.3.1

Water resources and vegetation abutting watercourses will be maintained in a clean and healthy condition in order to protect aquatic life, habitat, and functions. Development and site alteration may be permitted adjacent to fish habitat areas only if it has been demonstrated through an EIS that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. Development adjacent to fish habitat areas shall demonstrate the following to the satisfaction of Council: a)

net gain or no net loss of productive capacity of fish habitat;

b)

maintenance of minimum base flow of watercourses;

c)

maintenance of existing watercourses in a healthy natural state;

d)

best available construction and management practices shall be used to protect water quality and quantity, both during and after construction. Treatment of surface run-off to maintain water quality and hydrological characteristics in receiving watercourses shall meet the standards established by the authorities having jurisdiction;

e)

new waterfront lots shall have a minimum of 5.0 metres of shoreline access that is not adjacent to Type 1 Fish Habitat;

f)

development proposed within 30.0 metres of a Type 1 or unknown Fish Habitat shall be accompanied by a supporting study (Aquatic Impact Statement) which examine the potential negative impact of the development on the Fish Habitat and potential mitigation measures available to limit the impact of the development on the Fish Habitat;

g)

all waterfront lots are encouraged to maintain a natural shoreline buffer; and,

h)

lots located adjacent to Type 1 Fish Habitat Areas shall be subject to Site Plan Control.

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I6.3.2

The Ministry of Natural Resources and Forestry has undertaken Fish Habitat Classification Mapping identifying locations of the following types of fish habitat along the shoreline of waterbodies in the Town: i)

Critical Habitat (Type 1) – are those, which have high productive capacity, are rare, highly sensitive to development, or have a critical role in sustaining fisheries (e.g., spawning and nursery areas for some species, and ground water discharge areas);

ii)

Important Habitat (Type 2) – are moderately sensitive to development and although important to the fish populations, are not considered critical (e.g., feeding areas and open water habitats of lakes and rivers);

iii)

Marginal Areas (Type 3) – have low productive capability or are highly degraded, and do not currently contribute directly to fish productivity, such as a channelized stream that has been altered); and

iv)

Unknown Habitat – refers to areas where no information currently exists.

I6.3.3

Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements.

I6.3.4

An EIS addressing fish habitat assessment shall generally be required in the following situations: i)

Where development is proposed within identified Type 1 Fish Habitat;

ii)

Where development is proposed on adjacent lands to identified Type 1 Fish Habitat;

iii)

Where development is proposed within Unknown Fish Habitat, and staff, based on a site inspection of the property, are of the opinion that the habitat may be Type 1; and,

iv)

Where staff, based on a site inspection of the property, request confirmation of the actual location, extent and classification of the fish habitat.

An EIS is not required where the development has been authorized by the appropriate approval authority (MNRF, DFO, Parks Canada).

I4.3.5New waterfront lots shall have a minimum of 5.0 metres of shoreline access that is not adjacent to Type 1 Fish Habitat.

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I6.3.6

Lake Trout Lakes

I6.3.6.1

Schedule B identifies lakes that have been identified by the Ministry of Natural Resources and Forestry as lake trout lakes.

I6.3.6.2

Clearwater Lake is a lake trout lake that is considered by the Ministry of Natural Resources and Forestry to be at capacity for new development.

Should a lake trout lake be identified as being at capacity, the policies of this section will apply.

I6.3.6.3

Lot creation should generally not be approved within 300.0 metres of an at capacity lake trout lake except in the following circumstances:

I6.3.6.4

a)

the tile fields on each new lot are set back at least 300.0 metres from the shoreline of the lake, or such that drainage from the tile fields would flow at least 300.0 metres to the lake;

b)

the tile fields on each new lot are located such that they would drain into the drainage basin of another waterbody, which is not at capacity;

c)

to separate existing, viable dwellings, each having a separate septic system, provided the land use would not change; and

d)

where it is demonstrated through the submission of a site specific soils investigation prepared by a qualified professional in accordance with provincial requirements as set out in I1.4.11.2.1 that the proposal will not negatively impact lake trout habitat including water quality, and where the minimum lot area for each lot is 0.8 ha.

Where lot creation satisfies one of the criteria above, the following requirements shall be implemented through a by-law amendment and in Section 51(26) Planning Act agreements registered on title in perpetuity: a)

A 30.0 metre minimum undisturbed shoreline buffer and soil mantle, with the exception of a pervious pathway;

b)

Stormwater management report and construction mitigation plan (including phosphorus attenuation measures such as directing runoff and overland drainage from driveways, parking areas, other hard surfaces to soak away pits, infiltration facilities);

c)

Location of the tile-bed, in accordance with the recommendations of the site specific soils investigation;

d)

Require that, if additional fill material is needed for the construction of the tile bed, that it consists of silt-free, fine to medium grained non-calcareous soils (sediments) showing the presence of aluminium and iron;

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I6.3.6.5

e)

Securities in order to ensure that the requirements of the agreements are implemented;

f)

Where lot creation is permitted through a site specific soils investigation, monitoring will be reported to Town of Gravenhurst and the Ministry of Environment and will be undertaken in accordance with provincial monitoring requirements; and

g)

Other requirements, in accordance with the Official Plan.

Provincial requirements for a site specific soils investigation prior to lot creation on lake trout lakes at capacity are as follows: a)

the site where the septic tile-bed is to be located, and the region below and 15.0 metres down-gradient of this site, toward the lakeshore or permanently flowing tributary, across the full width of the tile bed consists of deep (greater than 3.0 metres), native and undisturbed, non-calcareous (<1% CaCO3 equivalent by weight) overburden showing the presence of aluminium and iron. Soil depth shall be assessed with test pits or boreholes at several sites Samples for soil chemistry should be taken at a depth adjacent to, or below the proposed tile-bed; and,

b)

an unsaturated zone of at least 1.5 metres depth exists between the tile bed and the shallowest depth (maximum extent) of the water table. The position of the water table shall be assessed with test pits during periods of maximum soil saturation (e.g. In the spring, following snowmelt or late fall).

I1.4.56.4

HABITAT OF THREATENED SIGNIFICANT HABITAT AREAS

I6.4.1

The habitat of a number of threatened and endangered species is found in the Town and these species are listed in Appendix A. Habitats of threatened and endangered plant and animal species and significant wildlife habitat identified by the Ministry of Natural Resources or as identified by a Site Evaluation Report or Environmental Impact Statement shall be protected. Should additional habitat areas be identified in the Town, Schedule B shall be revised to include those areas without the need for an Official Plan Amendment.

I6.4.2

The importance and value of protecting these species and their habitat in accordance with the Endangered Species Act and the Species at Risk Act is recognized.

I6.4.3

Due to the sensitive nature of these habitats, their location remains confidential and the Ministry of Natural Resources and Forestry are to be contacted to confirm their presence on specific properties.

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ENDANGERED

SPECIES

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I6.4.4

No dDevelopment or and site alteration shall not be permitted in the habitat of threatened and endangered species, except in accordance with provincial and federal requirements. is permitted where there is significant habitat of threatened and endangered species. No development or site alteration is permitted where there is significant wildlife habitat unless it is demonstrated that there will be no negative impacts on the natural features or their ecological functions. Where development or site alteration are proposed within 50.0 metres of the significant habitat of threatened and endangered species or significant wildlife habitat, as determined through a review of the Natural Heritage Information Centre database and other available information sources, the Ministry of Natural Resources shall be contacted prior to any development approval being granted to confirm the record(s) and determine if further study/impact assessment is required.

Where development is proposed within 120 metres of a significant habitat area, Council shall require the submission of an Environmental Impact Statement. At the discretion of the Town, a Report may not be required for a single detached dwelling on an existing lot of record or where the Ministry of Natural Resources confirms that no report is required.

I6.4.5

Where a property contains potential habitat for any threatened or endangered species and is subject to a development application for lot creation or rezoning that would significantly increase the development rights of a property, an EIS will be required to determine whether the property contains habitat of threatened or endangered species. Should the EIS confirm the presence of habitat of threatened or endangered species, Section I4.4.2 shall apply.

I6.5

SIGNIFICANT WILDLIFE HABITAT

I6.5.1

In addition to the habitat of threatened and endangered species, the Town contains other wildlife species for which significant habitat for these species will be protected. Species for which significant habitat is to be protected is identified in Appendix A.

I6.5.2

The protection and management of these species and their significant wildlife habitats are supported.

I6.5.3

An EIS may be required prior to the consideration of a planning application involving lot creation or rezoning that would significantly increase the development rights of the property, to confirm the actual presence, location, extent or significance of the habitat.

I6.5.4

Development and site alteration shall not be permitted in significant wildlife habitat or on adjacent lands unless it has first been demonstrated by the submission on an EIS that there will be no negative impacts on the habitat or its ecological functions.

Development and site alteration proposed in or within 50.0 metres of significant wildlife habitat as related to the habitat of rare and vulnerable

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species, or found to be acceptable with such areas shall be designed so as to: a)

ensure that there will be no negative impacts on the natural features or ecological functions on the particular plant or animal species, as identified by on-site elevation;

b)

maintain wildlife corridors and linkages with adjacent areas; and,

c)

enhance wildlife habitat wherever possible.

I1.46.6

SIGNIFICANT FOREST AREAS

I6.6.1

Significant Forest Areas include woodlands in excess of 120 years old and white pine stands in excess of 150 years old. Where development is proposed in proximity to these areas. An assessment of forested areas shall be undertaken to determine:

I6.6.2

a)

the size of the overall woodland feature;

b)

whether the woodland is dominated by trees in excess of 120 years of age; and,

c)

the ecological functions of the woodland including the provision of interior habitat, provision of linkages to, or overlap with other natural heritage features and woodland diversity.

Schedule B will be updated as additional Significant Forest Areas are identified. The following policies shall further apply to Significant Forest Areas: a)

disturbance of Significant Forest Areas should be minimized.

Where development is proposed in significant forests, these areas should be maintained as public or private open space;

b)

within 50.0 metres of Significant Forest Areas, an assessment of the forest area and the impact of the proposed development on the natural functions of that area shall be prepared by a qualified biologist to the satisfaction of the Town and the District; and,

c)

proposed developments in Significant Forest Areas shall require Site Plan Agreements containing specific management details regarding the protection of existing trees. Proposed development in Significant Forest Areas shall have site plan agreements containing specific management details regarding the protection of the existing trees.

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I1.46.7

OTHER FORESTED AREAS

I6.7.1

Forested areas are important to the local environment and maintaining the character of the Town. The following policies shall apply to existing forested areas: a)

existing tree cover or other stabilizing vegetation should be maintained on slopes with grades in excess of 25 percent (1:4 slopes);

b)

mature white pine trees in the Highway 11 corridor shall be preserved and protected;

c)

existing tree lines and hedge rows shall be preserved where development is proposed; and,

d)

the cutting of trees may be regulated by a Tree Cutting By-law passed by the District of Muskoka or the Town of Gravenhurst.

I1.46.8

FLOOD PLAINS

I6.8.1

The following development criteria shall apply to development proposed within the flood plain area. The flood plain is defined by the most up to date mapping or other information provided by the Provincial or Federal government or other technical studies undertaken by a qualified professional. The delineation of flood plains will, where possible, be incorporated into the implementing zoning by-law. a)

Within the Town of Gravenhurst, Flood Plain Areas along the Severn River have been determined and identified. It shall be the policy of this Plan to prevent further habitable development within the Flood Plain Areas floodway and to minimize development in flood fringe areas.

b)

Flood elevations have been defined by MNR the Ministry of Natural Resources and Forestry for certain lakes as follows: Sparrow Lake Kahshe Lake Doe Lake Lake Muskoka

215.0 metres above sea level 242.8243.8 metres above sea level 258.5 metres above sea level 226.9 metres above sea level

Areas below these flood elevations shall be subject to the Flood Plains policies of this plan. c)

The further delineation of additional Flood Plain and floodway areas will be encouraged and not subject to Amendment to this Plan, subject to the appropriate supporting studies.

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d)

No new habitable building or structure shall be permitted in any area susceptible to flooding and any floodway, except watershed management and flood and erosion control projects and nonhabitable accessory buildings, structures, and facilities designed to be flood-proof, and site modifications carried out or supervised by a public agency.

e)

Renovation of existing buildings located in these areas may be permitted provided the structure is flood-proofed to the highest practical extent to the satisfaction of the Municipality and erosion control mechanisms have been instituted on the property.

I1.46.9

STEEP SLOPES AND RAVINES

I6.9.1

The following development criteria shall apply to development proposed within the Steep Slopes and Ravines Area, as identified on Schedule B, or as identified by municipal staff during a site visit. a)

It shall be the policy of this Plan to limit Ddevelopment will be limited on Steep Slopes. Development of these areas can be hazardous to structures as well as the visual integrity of the landscape.

b)

Where development is proposed on slopes greater than 20 percent but less than 40 percent existing vegetation must be substantially retained. If vegetation cannot be substantially maintained, a Site Evaluation Report shall be completed to the satisfaction of the Town of Gravenhurst and the recommendations implemented in the development approval process.

c)

Where development is proposed on slopes 40 percent or greater, a Site Evaluation Report will be required in accordance with Section I1.4.30;

d)

Development on Steep Slopes or Ravines shall be subject to Site Plan Control.

I1.46.10

BOAT CHANNEL PROTECTION AREAS

I6.10.1

The following development criteria shall apply to lands identified on Schedule B as Boat Channel Protection Areas or as defined in (a) below. a)

For the purpose of this Plan, areas on Waterbodies where the distance from shoreline to shoreline is less than 150.0 metres or where the distance from shoreline to shoreline on a river is less than 30.0 metres shall be considered Boat Channel Protection Areas.

b)

Boat Channel Protection Areas include narrow channels, bays, inlets and outlets and other areas where development of the shoreline might create a hazard to water travel. Within Boat Channel Protection Areas the development of docks, boathouses,

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boat ports or any other shoreline oriented structure may be restricted to ensure the safe navigation of the waterway. The Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report. c)

I1.46.11

Where new lot creation is proposed adjacent to a Boat Channel Protection Area, lot frontages may be increased to ensure that the density, water quality, navigation, aesthetics, channel congestion and views are not negatively affected. In addition to increasing the frontage requirements for development the Town may also require that properties be subject to Site Plan Control and the preparation of a Site Evaluation Report.

LAKE CAPACITY

GENERAL NOTE: The District of Muskoka is proposing changes to the Lake System Health and this section will require revision to recognize those changes. The District and Town have initiated an interim approach to the requirement for Water Quality Impact Assessments on specific lakes in the Town, and these will be implemented in the interim, until the District of Muskoka adopts revised development requirements.

In the meantime, this section will be removed and replaced with one paragraph: I6.11.1

The District of Muskoka Official Plan provides policy guidance for development based upon Lake Carrying Capacity. This Plan supports the policies in the District of Muskoka Official Plan, and development applications are required to comply with the applicable provisions of the Muskoka Official Plan as it relates to Lake System Health and lake carrying capacity.

This Plan utilizes two concepts of lake capacity that must be considered when reviewing applications for development. The lake capacity concepts include: -

Lake System Health Status; and Cold Water Lakes.

Where detailed Lake Specific Policies have been incorporated into Section D4 and include Recreational Capacity policies, Recreational Capacity shall be considered when reviewing applications for development.

I1.4.11.1

Lake System Health Status Recreational water quality is monitored and modelled by the District of Muskoka as one measure of a lakeâ&#x20AC;&#x2122;s capacity to sustain development. The District has classified lakes as having high, moderate or low sensitivity to phosphorus. The sensitivity of a lake to nutrient inputs can change over time and is dependent upon the responsiveness of a lake to phosphorus

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and the mobility of phosphorus within the watershed. Where phosphorus loading to a lake exceeds 50 percent of the natural background phosphorus load, the lake is considered as being “Over Threshold” for phosphorus loading.

Lake classifications are shown on the following table. Any lakes not listed are assumed to be of moderate sensitivity unless otherwise identified by the District of Muskoka. The symbol “(OT)” denotes that the lake is also over threshold for phosphorus loading. This symbol may be added to a waterbody or deleted from a waterbody without an amendment to this Plan.

Low Sensitivity

Moderate

Ben

Barkway

Morrison

Thinn (Reay)

Bass

Muskoka Bay(OT)

Buck (Ryde) (OT)

North Muldrew

Cabin

Pigeon

Clearwater (OT)

Pine

Cornall

Rat (Cana)

Doe (Doeskin)

Riley

Fawn (Lowe)

Severn River

Gartersnake

Silver

Gull (OT)

South Muldrew

Hoc Roc River

Sparrow

Jevins

Sunny

Kahshe

Three Mile

Lamorie

Turtle (Long Turtle) (OT)

Little Little Sunny

High Deer

Upper Eagle

Loon Moose

For the purposes of this section, development shall include additions, renovations or reconstruction that have the effect of increasing the gross floor area by 50 percent of that which existed as of the date of this Plan.

I1.4.11.1.1

The role of natural vegetated shorelines in buffering waterbodies from erosion, siltation and nutrient migration adjacent to the sensitive littoral zone is critical to the protection of water quality. Preservation and restoration, where appropriate, of shoreline buffers is required. At a

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minimum, a target of 75 percent of the linear shoreline frontage of a lot will be maintained in a natural state to a target depth of 15.0 metres from the shoreline where new lots are being created and where vacant lots are being developed. Where lots are already developed and further development or redevelopment is proposed, or where the lot is located within an urban centre or community, these targets should be achieved to the extent feasible. Where these targets cannot be met, a net improvement over the existing situation is required.

I1.4.11.1.2

A minimum 30.0 metre setback from any shoreline will be required for leaching beds. Where this is not feasible, on-site phosphorus management, as detailed below, will be required.

Site Plan Control Where site plan control is required, or where on-site phosphorous management is required, the following matters will be addressed:

I1.4.11.1.3

a)

appropriate location of buildings, structures and sewage disposal systems;

b)

retention or restoration of a natural vegetation buffer to prevent erosion, siltation and nutrient migration;

c)

maintenance or establishment of native tree cover and vegetation on the lot wherever possible;

d)

appropriate location and construction of roads, driveways and pathways, including permeable materials; and,

e)

implementation of stormwater management and construction mitigation techniques, including proper re-contouring, discharging of roof leaders, use of soak away pits and other measures to promote infiltration.

A minimum 30.0 metre setback from any shoreline will be required for all development, excluding shoreline structures. Where this setback cannot be achieved, a lesser setback may be considered where on-site phosphorus management is implemented and in the following circumstances: a)

Sufficient lot depth is not available;

b)

Terrain or soil conditions exist which make other locations on the lot more suitable;

c)

The proposal is for an addition to an existing building or replacement of a leaching bed where the setback is not further reduced;

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d)

Redevelopment is proposed on an existing lot and a net improvement is achieved; or

e)

The lot is located within an urban centre or community and a net improvement over the existing situation is achieved.

Low Sensitivity Waterbodies I1.4.11.1.4

The Town of Gravenhurst is encouraged to require site plan approval for substantial development on lots abutting low sensitivity waterbodies. In addition, the Town of Gravenhurst is encouraged to require site plan approval for all shoreline and non-shoreline commercial, institutional and industrial development in order to ensure that stormwater management and construction mitigation techniques are implemented.

Moderate and High Sensitivity and Over Threshold Waterbodies I1.4.11.1.5

In order to ensure no negative impact on recreational water quality, all substantial development on a lot within the waterfront designation (including backlots), and on shoreline lots in the urban centre and community designations, of moderate and high sensitivity and Over Threshold waterbodies will be subject to site plan control.

Site Plan Control I1.4.11.1.6

Where site plan control is required, or where on-site phosphorus management is required, the following matters will be addressed: a)

appropriate location of buildings, structures and sewage disposal systems;

b)

retention or restoration of a natural vegetative buffer in accordance with Section I1.4.11.1.1 to prevent erosion, siltation and nutrient migration;

c)

maintenance or establishment of native tree cover and vegetation on the lot wherever possible;

d)

appropriate location and construction of roads, driveways and pathways, including use of permeable materials; and

e)

implementation of stormwater management and construction mitigation techniques, including proper re-contouring, discharging of roof leaders, use of soak away pits and other measures to promote infiltration.

Public Lands

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I1.4.11.1.7

The release of Crown land, other than lands under water, for private development is discouraged, particularly in the Waterfront designation.

Should the Province dispose of Crown land for private development, such land will not be further divided unless it is to alleviate problems associated with existing development and no more than one single family dwelling will be permitted on those lands as of right.

I1.4.11.1.8

The maintenance, enhancement or restoration of native vegetative buffers along shorelines in municipal parks and other municipal lands is strongly encouraged.

High Sensitivity Waterbodies â&#x20AC;&#x201C; Specific Policy Lot Creation I1.4.11.1.9

In general, no lot creation will be permitted on waterbodies identified as being of high sensitivity unless the lot is connected to municipal water and sewer services.

I1.4.11.1.10

Notwithstanding Section I1.4.11.1.9, lot creation on private services may be permitted where Town of Gravenhurst has the resources and tools in place and is prepared to implement the following requirements: a)

The lot creation may only proceed where a water quality impact assessment, undertaken and implemented to the satisfaction of Muskoka and Town of Gravenhurst demonstrates that the development can proceed without negatively impacting water quality and which outlines the circumstances under which development should occur.

b)

The water quality impact assessment shall consist of the following main elements at a minimum.

Phase 1 Site condition analysis to determine if the required conditions exist on site so that development can occur in a manner that will ensure the protection of water quality and shall include analysis of the site and surrounding area, soil characteristics, and vegetation cover.

The Phase 1 report must be completed to the satisfaction of the District of Muskoka and Town of Gravenhurst before proceeding to Phase 2.

Phase 2 i)

Identification of recommended building and septic system (including the leaching bed) envelope and mitigation measures, including but not limited to, detailed construction mitigation

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plans, shoreline setbacks and buffers, measures for protecting natural vegetation, and stormwater management; ii) Monitoring will be required to confirm that the vegetative buffer and stormwater mitigation measures are in place until such time as construction is complete and an occupancy permit is issued and at a time approximately two years following the issuance of an occupancy permit; iii) The use of a septic system with soils that have a demonstrated ability to effectively eliminate phosphorus will be required; and iv) The recommendations of such a report and the monitoring and septic system requirements are required to be implemented through an Official Plan or Zoning amendment and in Section 51(26) of the Planning Act (subdivision, condominium or consent) and site plan agreements.

A detailed terms of reference is contained in Appendix J to the Official Plan of the Muskoka District.

Development of Vacant Lots on Private Services I1.4.11.1.11

Development of a vacant lot on private services will only be permitted where it is demonstrated through a Phase 2 Water Quality Impact Assessment that building and septic system envelopes, together with appropriate mitigation measures, including but not limited to, detailed construction mitigation plans, shoreline setbacks and buffers will protect water quality and where these requirements are implemented in site plan agreements.

I1.4.11.1.12

The use of a septic system with soils that have a demonstrated ability to effectively eliminate phosphorus will be required.

Redevelopment on Private Services I1.4.11.1.13

Redevelopment on private services will only be permitted where mitigation measures are implemented in order to prevent negative impacts on water quality, including phosphorus management measures.

I1.4.11.1.14

Where the setback requirements cannot be met due to insufficient lot depth or the existence of terrain or soils conditions which make other locations on the lot more suitable, or where existing buffers or stormwater management practices do not satisfy the requirements outlined in this Plan, an overall net improvement shall be achieved through on-site phosphorus management measures.

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I1.4.11.1.15

A net reduction of phosphorus loading to the lake will be required for commercial redevelopment.

Over Threshold Waterbodies â&#x20AC;&#x201C; Specific Policy Lot Creation - General I1.4.11.1.16

In general, no lot creation will be permitted on waterbodies identified as being Over Threshold unless the lot is connected to municipal water and sewer services.

Lot Creation - Moderate and Low Sensitivity Waterbodies I1.4.11.1.17

Notwithstanding Section I1.4.11.1.16 lot creation on private services may be permitted on waterbodies identified as being of moderate or low sensitivity where the Area Municipality has passed a municipal site alteration and tree cutting by-law and is prepared to implement the following requirements: a)

An amendment to Town of Gravenhurst Official Plan will be required to implement specific development policy.

b)

Lot creation may only proceed where a water quality impact assessment, undertaken and implemented to the satisfaction of Muskoka and Town of Gravenhurst demonstrates that development can proceed without impacting water quality and which outlines the circumstances under which development should occur.

c)

The water quality impact assessment shall consist of the following main elements at a minimum: Phase 1 Site condition analysis to determine if the required conditions exist on site so that development can occur in a manner that will ensure the protection of water quality and shall include analysis of the site and surrounding area, soil characteristics, and vegetative cover.

The Phase 1 report must be completed to the satisfaction of the District of Muskoka and Town of Gravenhurst before proceeding to Phase 2.

Phase 2 i.

Identification of recommended building and septic system (including the leaching bed) envelope and mitigation measures, including but not limited to, detailed construction mitigation

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plans, shoreline setbacks and buffers, measures for protecting natural vegetation, and stormwater management; ii. Monitoring will be required to confirm that the vegetative buffer and stormwater mitigation measures are in place until such time as construction is complete and an occupancy permit is issued, and on an annual basis until such time as the waterbody is no longer considered to be Over Threshold; iii. The use of a septic system with soils that have a demonstrated ability to effectively eliminate phosphorus; and iv. The recommendations of such a report and the monitoring and septic system requirements will be implemented through the Official Plan amendment and in the Zoning amendment and Section 51(26) of the Planning Act (subdivision, condominium or consent) agreements and site plan agreements.

A detailed terms of reference is contained in Appendix J, to the Official Plan of the Muskoka District Area.

Development of Vacant Lots on Private Services I1.4.11.1.18

Development of a vacant lot on private services will only be permitted where it is demonstrated through a Phase 2 Water Quality Impact Assessment that building and septic system envelopes, together with appropriate mitigation measures, including but not limited to, detailed construction mitigation plans, shoreline setbacks and buffers will protect water quality and where these requirements will be implemented in site plan agreements.

I1.4.11.1.19

The use of a septic system with soils that have a demonstrated ability to effectively eliminate phosphorus will be required.

Redevelopment on Private Services I1.4.11.1.20

Redevelopment on private services will only be permitted where phosphorus mitigation measures are implemented in order to prevent negative impacts on water quality, including measures such as setbacks, vegetative buffers and stormwater management.

I1.4.11.1.21

Where the setback requirements cannot be met due to insufficient lot depth or the existence of terrain or soils conditions which make other locations on the lot more suitable, or where existing buffers or stormwater management practices do not satisfy the requirements outlined in this Plan, an overall net improvement should be achieved through the use of phosphorus management techniques.

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I1.4.11.1.22

A net reduction of phosphorus loading to the waterbody will be required for commercial redevelopment.

I1.4.11.1.23

Site plan agreements will be required to implement buffers, stormwater and phosphorus management and building and septic system (including the leaching bed) envelopes.

I1.4.11.2

Cold Water Lakes Schedule B identifies sensitive Cold Water lake trout Lakes. At the time of adoption of this plan no Cold Water Lakes have been identified as at capacity. Should a Cold Water Lake be identified as at capacity the policies of this section will apply.

Clearwater Lake is a Cold Water lake trout Lake that is considered by the Ministry of Natural Resources to be at capacity for new development. Lot creation should generally not be approved within 300.0 metres of Clearwater, except in the following circumstances: a)

the tile fields on each new lot are set back at least 300.0 metres from the shoreline of the lake, or such that drainage from the tile fields would flow at least 300.0 metres to the lake

b)

the tile fields on each new lot are located such that they would drain into the drainage basin of another waterbody, which is not at capacity;

c)

to separate existing, viable dwellings, each having a separate septic system, provided the land use would not change; and

d)

where it is demonstrated through the submission of a site specific soils investigation prepared by a qualified professional in accordance with provincial requirements as set out in I1.4.11.2.1 that the proposal will not negatively impact lake trout habitat including water quality, and where the minimum lot area for each lot is 0.8 ha.

The following requirements shall be implemented through a by-law amendment and in Section 51(26) Planning Act agreements registered on title in perpetuity: a)

A 30.0 metre minimum undisturbed shoreline buffer and soil mantle, with the exception of a pervious pathway;

b)

Stormwater management report and construction mitigation plan (including phosphorus attenuation measures such as directing runoff and overland drainage from driveways, parking areas, other hard surfaces to soak away pits, infiltration facilities);

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c)

Location of the tile-bed, in accordance with the recommendations of the site specific soils investigation;

d)

Require that, if additional fill material is needed for the construction of the tile bed, that it consists of silt-free, fine to medium grained non-calcareous soils (sediments) showing the presence of aluminum and iron; and

e)

Securities in order to ensure that the requirements of the agreements are implemented;

f)

Monitoring will be reported to Town of Gravenhurst and the Ministry of Environment and will be undertaken in accordance with provincial monitoring requirements as set out in Appendix A;

g)

Other requirements, in accordance with the Official Plan.

Where lot creation is proposed on cold water at capacity lakes and the site specific soils investigation identified is satisfactory to the Town, the following requirements shall be implemented through a Zoning By-law Amendment and Planning agreements as outlined in the Planning Act registered on title in perpetuity:

I1.4.11.2.1

a)

a 30.0 metre minimum undisturbed shoreline buffer and soil mantle, with exception of a previous pathway;

b)

stormwater management report and construction mitigation plan (including phosphorus attenuation measures such as directing runoff and overland drainage from driveways, parking areas and other hard surfaces to soak away pits, infiltration facilities);

c)

location of the tile-bed, in accordance with the recommendations of the site specific soils investigation;

d)

require that if additional fill materials is needed for the construction of the tile bed, that it consists of silt-free, fine to medium grained non-calcareous soils (sediments) showing the presence of aluminium and iron;

e)

securities to ensure that the requirement of development agreements are implemented;

f)

monitoring will be reported to the Town of Gravenhurst and the Ministry of Environment and will be undertaken in accordance with provincial monitoring requirements; and,

g)

other requirements, in accordance with the Official Plan.

Site Specific Soils Investigation Requirements

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Provincial requirements for a site specific soils investigation prior to lot creation on lake trout lakes at capacity are as follows:

I1.4.11.3

a)

the site where the septic tile-bed is to be located, and the region below and 15.0 metres down-gradient of this site, toward the lakeshore or permanently flowing tributary, across the full width of the tile bed consists of deep (greater than 3.0 metres), native and undisturbed, non-calcareous (<1% CaCO3 equivalent by weight) overburden showing the presence of aluminium and iron. Soil depth shall be assessed with test pits or boreholes at several sites Samples for soil chemistry should be taken at a depth adjacent to, or below the proposed tile-bed; and,

b)

an unsaturated zone of at least 1.5 metres depth exists between the tile bed and the shallowest depth (maximum extent) of the water table. The position of the water table shall be assessed with test pits during periods of maximum soil saturation (eg. In the spring, following snowmelt or late fall).

Recreational Capacity Recreational capacity refers to the ability of a waterbody to accommodate the various users and uses that may compete for the use of surface of the lake for recreational purposes while maintaining the recreational amenity, character and reasonable enjoyment of the waterbody.

Recreational carrying capacity can be considered on a part of a waterbody that is physically and functionally separate due to narrow channels and limited access.

Lake specific policies in Section D4 of this Plan may contain more specific policies regarding Recreational Carrying Capacity.

I1.46.12

WATER QUALITY

I6.12.1

In addition to the Lake System Health policies in the District of Muskoka Official Plan, Section I1.4.11.3 of this Plan and in order to protect, improve and restore water quality, the following development criteria shall apply to development affecting the water quality of surface and ground water resources throughout the entire Town: a)

changes to the natural drainage should be avoided;

b)

A sewage tile filed and the spreading of agricultural or bio-solid nutrients, except where specifically provided for through a Nutrient Management Plan, shall not be permitted within 30.0 metres of: i) a private well; or ii) a waterbody, top of bank, or wetland unless:

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a) phosphorous management is implemented; and, b) sufficient lot depth is not available or terrain or soil conditions exist which make other locations on the lot more suitable; or. c) to replace an existing sewage tile field. c)

a setback for other development will be established from each side of a stream, river, pond, or wetland necessary to maintain existing water quality. The width and depth of this buffer shall be determined in consultation with the Ministry of Natural Resources and other agencies as required, which shall consider: the nature of the development, soil type, types and amounts of vegetation cover, slope of the land, existing drainage patterns and fish and wildlife;

d)

no alteration of the natural vegetation grade or drainage shall occur within the setback;

e)

the cutting of trees within the setback shall be regulated by Site Plan Control or as a condition of consent or subdivision. The cutting of trees shall be permitted in the setback where lands are designated Agricultural where a Nutrient Management Plan has been prepared and provides a lesser setback;

f)

all applications for major development proposals such as residential subdivisions of five lots or more, or commercial, industrial, or institutional development having a floor area in excess of 2,000.0 m2 or golf courses shall be accompanied by a Water Resource Management (WRM) Report. The WRM Report shall be prepared by a qualified professional to the satisfaction of the Town and other agencies as may be required. The WRM Report shall address the potential impacts and cumulative impacts on surface and ground water quality and quantity by requiring: i)

maintenance or enhancement of natural hydrological characteristics including base flow of watercourses;

ii) maintenance or enhancement of sensitive groundwater recharge/discharge areas, aquifer and headwater areas; iii) the development and monitoring of water budgets for groundwater aquifers; iv) the protection or enhancement of fish and wildlife habitat; and, v) maintenance of existing drainage patterns where possible. g)

during and after development, sediment and erosion control measures shall be carried out to the satisfaction of the implementing authority.

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I1.46.13

GROUNDWATER RECHARGE AREAS THERE ARE NO KNOWN RECHARGE AREAS IN THE TOWN.

I4.13.1

Currently, no studies have been completed to recognize Ground Water Recharge Areas within the Town of Gravenhurst. Recent Provincial initiatives have stressed the importance of Ground Water as a source of drinking water.

I4.13.2

In order to maintain the quality and quantity of Ground Water resources it is essential that Ground Water Recharge Areas be protected from incompatible development.

I4.13.3

It is the policy of this Plan to encourage Ground Water Recharge Areas to be identified. Ground Water Recharge Areas may be incorporated into this Plan without Amendment, provided supporting documentation has been provided.

I4.13.4

The Town may request a copy of information with respect to groundwater contained in a Nutrient Management Plan. Where existing land uses demonstrate a potential concern with respect to groundwater, Council may require the preparation of a report to address potential impacts on surface and ground water resources. Required surface and groundwater studies are to be conducted at the expense of the applicant, and are to be reviewed and approved by the Town prior to a development approval being issued.

The studies must demonstrate that surface and groundwater quality will be protected and the manner in which they will be protected.

I1.46.14

WATER QUANTITY

I6.14.1

In order to improve and restore water quantity, the following development criteria shall apply to development affecting the quantity of water resources: a)

permitted uses which involve water taking or undertake stream diversions must demonstrate such actions to be an essential part of their operation and shall be of a scale and intensity that will not adversely affect water quality, quantity and the natural environment.

The authority having jurisdiction may require that studies be undertaken to justify the need and amount of water taking and/or diversions and to mitigate impact on the natural environment;

b)

when considering whether to allow a use that involves water taking or diversion, the authority having jurisdiction shall consider the number, distribution, location and intensity of such activities within the watershed in terms of: i)

the impact on water quality and quantity;

ii) the cumulative effect on the objectives of the Plan and designation; and, Town of Gravenhurst Official Plan DRAFT Official Plan 2016

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iii) the quantity and character of natural streams and water supplies.

Studies completed as part of an Application to Take Water under the Ontario Water Resources Act shall be deemed to satisfy these requirements; c)

commercial water taking and bottling operations shall be considered as an industrial use and shall require an Amendment to this Plan.

I1.46.15

WASTE DISPOSAL SITES/WASTE DISPOSAL ASSESSMENT AREAS

I6.15.1

Active and inactive Waste Disposal Sites are located in the Town. are identified on Schedule B. Generally, tThe area within 500.0 metres of these known sites has are been identified as Waste Disposal Assessment Areas.

The specific assessment area may be larger or smaller as determined by the District of Muskoka or the Ministry of Environment and Climate Change.

I6.15.2

In general, pPrior to approving any new development within Waste Disposal Assessment Areas, the applicant must shall demonstrate to the satisfaction of Council the Town and the District of Muskoka, or where applicable, the Ministry of Environmental and Climate Change, that there are no environmental issues associated with the site that may make the lands unsuitable for development. In addition, it must be demonstrated that the water supply will not be negatively affected and that there are no other problems such as leachate, gas, other contaminants, rodents, vermin and odour. New accessory buildings not to be used for human habitation (such as garages, sheds, etc.) and renovations to existing habitable buildings shall not be subject to this policy.

I46.15. 3

A preliminary technical assessment to evaluate the presence/impact of any adverse effects or risks to health and safety and to identify any remedial measures is generally required for all new development or land use changes within an influence area. There are some situations where the requirement for an assessment may be waived (e.g. in-water works, open air structures, ROWs, land use changes to a less sensitive use with no changes to structures, etc.). Each of these situations would be determined on a case by case basis through consultation with the District of Muskoka.

Mmeters or can be another distance defined by DMM or MOECC (i.e. either greater or lesser).

I46.15.34

A comprehensive assessment is required if the need is identified in the preliminary report.

I46.15.45

The Town may request a peer review of any D-4 assessments, if deemed necessary.

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I1.46.16

AGGREGATE AND MINERAL RESOURCES

I6.16.1

Licensed pits and quarries and areas of primary and secondary aggregate or mineral resource potential areAreas having high aggregate or mineral resource potential are identified on Schedule B as Primary and Secondary Aggregate Resource Areas.

I6.16.2

The importance of the mineral aggregate industry to Ontario and the local economy is recognized.

I6.16.3

Mineral aggregate operations are governed by the Aggregate Resources Act, administered by the Province.

I6.16.4

Existing licensed pit and quarry operations and significant mineral and aggregate deposits shall be protected.

I6.16.5

Development of these areas, or adjacent lands, for purposes other than resource extraction outside of the Gravenhurst Urban Centre Community or Waterfront Area will not be permitted except where it can be shown and demonstrated, to the satisfaction of Council, in consultation with the Ministry of Natural Resources and Forestry, that: i) the resource use or extraction would not be feasible; or ii) the proposed development has a greater public interest than the extraction of the resource or iii) the development will not affect the long-term availability of the resources; and i)iv) issues of public health, public safety and environmental impact are addressed.

Adjacent lands for the purpose of this policy shall be considered those lands within 1,000 metres of a quarry or 300 metres of a pit.

I6.16.6

Where development is proposed in an area of known aggregate and mineral resources, the development shall be set back and buffered sufficiently to ensure that the extraction or future extraction of the resource is not limited.

I6.16.7

New aggregate extraction or expansion to an existing operation is not permitted in the Gravenhurst Urban Centre, Waterfront Area or Community Rural Settlement Areas or within any area identified as a Natural Heritage Area on Schedule B.

I6.16.8

The expansion of an existing licensed pit or quarry may be permitted subject to a Zoning By-law Amendment, if the area of the proposed expansion extends beyond the area zoned for extractive industrial.

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I6.16.9

The creation of a new pit or quarry, within an area identified as containing potential primary or secondary aggregate deposits on Schedule B, may be established by Zoning By-law Amendment. If the proposed pit or quarry is outside of the areas identified as containing potential primary or secondary aggregate deposits, an Official Plan Amendment shall be required.

I6.16.10

Applications for the creation of a new pit or quarry, or the substantial expansion of an existing pit or quarry, shall be supported by studies that address: i)

the effect of the proposal on: a. the natural heritage features and ecological functions of the site and surrounding area; b. significant landscape features; c. nearby communities and residential development; d. the character of the area; e. potential impact on the quality and quantity of groundwater and surface water resources;

ii)

the effect of the increased truck traffic on the natural environment and the residences in the area;

iii)

the suitability of the proposed haul routes;

iv)

the effect of the noise, odour, dust and vibration generated by the proposed use and the use of the haul route on adjacent land uses;

v)

how the natural features and functions on the site and in the area can be protected and/or enhanced as part of the design of the pit/quarry and/or enhanced as part of the design of the operation and its rehabilitation;

vi)

how the impacts from the proposed pit or quarry will be mitigated in order to lessen those impacts;

vii)

how the site will be progressively rehabilitated to accommodate subsequent land uses after extraction is completed; and,

viii)

issues of public health and public safety are addressed.

I6.16.11

The implementing Zoning By-law shall place all existing licensed mineral aggregate operations in one of two separate zones. One zone is to permit quarry and pit operations, and the other is only to permit pit operations.

This is intended to ensure that a zoning by-law amendment will be required, with associated public notification, should an existing aggregate pit operation apply to include a quarry component.

I6.16.12

Wayside pits and quarries, and portable asphalt plants and portable concrete plants used on public authority contracts will be permitted, without

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the need for official plan amendment, rezoning under the Planning Act in all areas, except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities.

I6.16.13

All pits and quarries shall be required to undertake progressive and final rehabilitation of land.

I1.46.17

ARCHAEOLOGICAL RESOURCES

I6.17.1

Except for separation of existing uses, where three or more new lots are proposed, or where development is proposed within a focal point as identified in the Archaeological Master Plan, Council will require the submission of an archaeological assessment in support of the application.

I6.17.2

Care shall be taken to protect known archaeological sites or areas of high archaeological potential. Development and site alterations may be permitted on lands containing archaeological resources or areas of archaeological potential if significant archaeological resources have been conserved by removal and documentation or preservation on site. Where significant archaeological resources must be preserved on site, only development and site alterations that maintain the heritage integrity of the site will be permitted.

I1.46.18

HERITAGE AND CULTURAL RESOURCES

I6.18.1

Heritage resources include many of the older buildings in the Town of Gravenhurst, including some of the older structures located on the shoreline of Lake Muskoka and the Town's other lakes. There are also significant cultural landscapes, including natural features that define the character of the Town, including many of the shorelines of the lakes and rivers.

I6.18.2

All development shall be designed in a manner that is sensitive to the heritage and cultural resources of the Town. Historic buildings, trails, and roadways shall be preserved wherever possible.

I6.18.3

New development within visual distance of a heritage or cultural resource shall be designed to reflect the surrounding landscape and built form. New construction should be designed in harmony with existing heritage features and buildings in terms of mass, height and setback and in the treatment of architectural details on building facades.

I6.18.4

Council may use Site Plan Control and may require a professional evaluation to ensure that new development is sited and designed to complement the historic features and natural character of the Town.

I6.18.5

Where new development involves a heritage feature, the attributes of the feature should be documented and displayed either on site or through an

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archive. Council shall encourage the preservation and display of the former buildingâ&#x20AC;&#x2122;s features and landscaping; and the reflection of the former architecture and use in the new development. Council may consider the creation of a municipal heritage advisory committee to guide them in heritage conservation decisions.

I1.46.19

MINIMUM DISTANCE SEPARATION FORMULAE

I6.19.1

All new development shall comply with the Minimum Distance Separation Formulae I or II (MDS I or MDS II) of the Ministry of Environment, as may be amended from time to time. MDS I shall be used to calculate the Minimum Distance Separation for new development and land division from existing livestock facilities. MDS II shall be used to calculate the minimum distance separation for new or expanding livestock facilities from existing or approved development.

I6.19.2

MDS calculations shall be based on the maximum capacity of a future livestock operation on the retained and abutting lands or buildings. For the purpose of determining the maximum capacity, of a livestock operation, calculations shall be in accordance with the floor area requirements defined

by Ontario Ministry of Agriculture and Food (OMAF) for the most restrictive type of animal that could reasonably be housed in any existing structures.

The Zoning By-law will incorporate the Minimum Distance Separation Formulae.

I1.46.20

MUSKOKA AIRPORT INFLUENCE AREA

I6.20.1

The Muskoka Airport plays an important economic development function for the Town of Gravenhurst. It is important that development in proximity to the Muskoka Airport be complementary and compatible with airport uses.

I6.20.2

Prior to development within the Airport Influence Area as identified on Schedule B, consultation with the District of Muskoka and the Town of Gravenhurst shall occur.

I6.20.3

The implementing Zoning By-law should zone these lands within the Airport Influence Area appropriately to restrict residential development in areas where the Noise Exposure Forecast is above 30. If Noise Exposure Forecasts are developed for the Muskoka Airport they will be included in Town of Gravenhurstâ&#x20AC;&#x2122;s Zoning By-law. In addition, the Zoning By-law shall include provisions for height and land use regulations to ensure the safety of aviation activities and land use compatibility in the Airport Influence Area.

I1.46.21

MUSKOKA HERITAGE AREAS

16.21.1

There are 16 Muskoka Heritage Areas (3 are Heritage Sites) found in Gravenhurst that have been identified by the District of Muskoka. These Heritage Areas are identified on Schedule B to this Plan. The majority of these Heritage Areas have been identified in conjunction with other natural

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features such as wetlands or Conservation Reserves. Development proposed within or adjacent to a Muskoka Heritage Area shall be subject to an Environmental Impact Statement, completed to the satisfaction of Town of Gravenhurst and the District of Muskoka and shall confirm that the proposed development would not have a significant negative impact to the Muskoka Heritage Area.

I1.46.22

SETBACK FROM HIGH WATER MARK

I6.22.1

It shall be the policy of this Plan that all Ddevelopment shall be set back at least 30.0 metres from the high water mark of any water feature, with the exception of permitted shoreline structures. Where this setback cannot be provided due to physical conditions or existing buildings, a lesser setback may be used provided that maximum vegetative buffers between the development area and high water mark are enhanced and maintained by the landowner through Site Plan Control.

I1.46.23

PEAT EXTRACTION

16.23.1

Peat extraction shall be permitted within the Rural designations (subject to a Zoning By-law Amendment and an EIS), except in all wetlands identified on Schedule B or as identified through a site inspection and on lands designated as Natural Heritage Area and Waterfront Area on Schedule A.

I1.46.24

STORM WATER MANAGEMENT

I6.24.1

Stormwater management and control are important components of the water system. The Town will work to ensure best practices in stormwater management to ensure water quantity, erosion control and water quality control.

I6.24.2

Planning for stormwater management will: a) b) c) d) e)

I6.24.3

minimize, or where possible, prevent increases in contaminant loads; minimize changes in water balance and erosion; not increase risks to human health and safety and property damage; maximize the extent and function of vegetative and pervious surfaces; and promote stormwater management best practices, including stormwater attenuation and re-use, and low impact development.

All development within the Waterfront Area and Community Rural Settlement Areadesignations, and all shoreline development in the Urban Centre, is required to prepare a Stormwater Management Report prior to development proceeding to the satisfaction of the MunicipalityTown. The Town of Gravenhurst may develop development standards from time to time. as deemed necessary by Town Council. Such standards shall

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provide additional details regarding the preparation of stormwater management reports and the necessity for such reports.

I6.24.4

New and expanding commercial, industrial, recreational and institutional development having a floor area in excess of 2,000.0 m2 and residential development of more than 5 lots shall be accompanied by a Stormwater Management Report prepared by a qualified professional to the satisfaction of the Town. Stormwater Management Reports shall be submitted prior to site plan approval of the development.

I6.24.5

Where development or redevelopment occurs within 300.0 metres of a waterbody, stream or river, stormwater shall be treated for quality parameters to ensure that contaminants and enriching compound such as phosphorous and nitrates are not discharged into the water through stormwater run-off.

I6.24.6

No development will be approved that results in post-development run-off rates that are greater than pre-development run-off rates for storms up to and including the 100 year flood event.

I6.24.7

The Stormwater Management Report shall be prepared in accordance with current Best Management Practices and Low Impact Development guidelines, the Stormwater Management Practices Planning and Design Manual (2003), or its successor; Best Management Practices (BMP) and Town of Gravenhurst Development Standards, Policies and Guidelines (2005) or its successor; and shall include an analysis of the effects of development on watershed flow regimes including the interconnection with groundwater resources.

I6.24.8

Stormwater Management facilities may be permitted accessory to a permitted use, in all designations except the Natural Heritage Area designation.

I1.46.25

COMPATIBILITY

I6.25.1

Where new development is proposed that has the potential to result in land use incompatibility, an assessment of the impacts shall be undertaken.

The impact assessment shall include an analysis of the potential impacts of the proposed development on adjacent uses, including an assessment of noise, odour, dust, traffic, character, scale and the visual impact of the proposal. Where an impact assessment shows that the proposed use will result in significant negative impacts, the assessment shall include recommendations regarding appropriate setback distances and mitigation measures. Studies shall be prepared to the satisfaction of Council.

I6.25.2

These policies shall apply equally to new or expanding sensitive land uses and new or expanding industrial uses.

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I6.25.3

Where residential land or other sensitive land uses are within the distances identified below from proposed industrial uses, an assessment of the potential impact of the industrial use and mitigation measures to prevent adverse effects that may be experienced shall be required in accordance with the Ministry of Environment Guidelines, as amended from time to time:

a)

b)

c)

TYPE OF USE AREA OF INFLUENCE 1000.0 metres Class III (Heavy Industrial Uses) Large scale manufacturing or processing industries, characterized by major annoyances and high probability of fugitive emissions including aggregate operations.

300.0 metres Class II (Medium Industrial Uses) Medium scale processing and manufacturing including outdoor storage, associated with minor annoyances including noise, odour, dust, vibrations and low probability of fugitive emissions.

70.0 metres Class I (Light Industrial Uses Small-scale, self-contained plants or buildings having a low probability of fugitive emission, and has no outdoor storage.

I6.25.4

Where an impact assessment study recommends larger setbacks, such larger setbacks shall be considered the appropriate minimum setbacks between industrial development and residential or other sensitive land uses. In cases where the separation distance can be reduced through other buffering techniques which the Ministry recommends and endorses, where feasible, that some site-specific notification be implemented to deal with future changes in use which would not normally require re-zoning.

I1.46.26

AGRICULTURAL LIVESTOCK OPERATIONS

I6.26.1

Where livestock operations are permitted, livestock operations having 300 Nutrient Units (NU) or more, as defined in accordance with the regulations to The Nutrient Management Act and any other applicable legislation, shall be permitted only where the operation:

I1.46.27

a)

meets the Minimum Distance Separation Formulae;

b)

will not affect groundwater quality or quantity, as determined through a hydro-geological study; and,

c)

has a site plan agreement registered against the lands.

OPEN SPACE, PARKLAND, AND ENVIRONMENTAL PROTECTION

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I6.27.1

In addition to the permitted uses in any designation, the following uses are permitted provided that they are carried out or supervised by a public agency and have the appropriate zoning: a)

parkland development projects, including any accessory buildings, structures, facilities, and site modifications; and

b)

watershed management and flood and erosion control projects including accessory buildings, structures, facilities, and site modification required to accommodate them.

I6.27.2

Except where specifically prohibited, open space and park uses shall be permitted in conjunction with a development or as a principal use in any designation except within Natural Heritage Area designation.

I1.46.28

TECHNICAL REPORTS

I6.28.1

Where this Plan requires that technical reports be submitted in support of a development application, the reports shall be prepared by a professional with the appropriate qualifications at the cost of the developer. Council may retain independent experts to peer review any technical report submitted in support of an application. The Town may also seek the technical advice of the appropriate review agencies. The costs of the peer review or technical advice shall be borne by the applicant.

I1.46.29

ENVIRONMENTAL IMPACT STATEMENT An Environmental Impact Statement (EIS) shall be required for any development or site alteration that is proposed in proximity to an identified endangered or threatened species or adjacent to all other Natural Heritage Features as shown on Schedule B or identified by the Ministry of Natural Resources, Natural Heritage Information Centre (NHIC). Development within or adjacent to environmental features which have not been identified shall also be subject to an EIS at the discretion of the Municipality. In all cases, the EIS shall be provided prior to site alteration and shall be completed to the satisfaction of the Town.

I6.29.1

Where an Environmental Impact Statement (EIS) is required by the policies of this Plan, Tthe EIS shall address the following information where applicable: a)

the proposed development;

b)

the boundaries of the natural features and ecological functions of the area potentially affected directly and indirectly by the development;

c)

the sensitivity of the features and functions to new development;

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d)

the direct and indirect impacts to the ecosystem that might be caused by the development;

e)

any environmental hazards (i.e. steep slopes, flooding contaminants) that need to be addressed as part of the development;

f)

identification and evaluation of measures to avoid and minimize impacts and mitigation measures to be employed before and after development;

g)

a Management Plan identifying: i)

how the adverse effects will be avoided or minimized over the construction period and the life of the undertaking; and,

ii) how environmental features and functions will be enhanced where appropriate and describing the net effect of the undertaking after implementation of the Management Plan.

The Management Plan shall also establish the limits of buffers and/or setbacks adjacent to components of the Natural Heritage Area. h)

monitoring that may be required to ensure that mitigating measures are achieving the intended goals;

i)

the EIS shall be undertaken by qualified professionals and shall contain specific detailed information regarding the hydrogeological, hydrological and biological functions and linkages related to the following features:       

wetlands; portions of the habitat of endangered and threatened species; fish habitat; significant forest areas; valley and stream corridors; significant wildlife habitat; and, Areas of Natural and Scientific Interest.

j)

a Scoped EIS shall address all of the issues that would be studied in a detailed EIS, however the studies may take the form of a letter or a checklist prepared by a qualified professional provided there is little or no impact associated with the proposed development; and,

k)

prior to approving a development on the basis of an EIS, Council, in consultation with other appropriate agencies, shall be satisfied that the proposed use will:

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i)

not discharge any substance that could harm air quality, groundwater, soil, surface water and plant and animal life or human health;

ii) be supplied by an adequate supply of water and that the groundwater taking associated with the use will not harm existing water supplies and plant and animal life; iii) not cause erosion or siltation of watercourse or changes to watercourse morphology; iv) not interfere with groundwater recharge to the extent that it would adversely affect groundwater supply for any use; v) not cause an increase in flood potential on or off the site; vi) maintain, enhance or restore the natural condition of affected watercourses and protect aquatic habitat; vii) not encourage the demand for further development that would negatively affect wetland function or contiguous wetland areas; and, viii) enhance and restore endangered terrestrial and aquatic habitat where appropriate and feasible.

I6.29.2

In addition, the EIS shall demonstrate that there will be no negative impacts resulting from the proposed use on the significant natural features that have been identified.

I1.46.30

SITE EVALUATION REPORTS

I6.30.1

Where this Plan requires a Site Evaluation Report be completed, the report shall consist of the following elements and shall be prepared to the satisfaction of the Town: a)

location of building envelopes which meet setback requirements defined in Zoning By-law;

b)

adequate area, depth and suitability of soils for supporting an appropriate on-site sewage system;

c)

the availability of a potable water supply;

d)

the provision of appropriate access to the site;

e)

for waterfront properties the location of water access and all shoreline structures and pathways which limit erosion and slope instability;

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f)

maintenance of vegetation on slope faces;

g)

construction mitigation measures and stormwater management techniques that address slope stability, soil erosion, surface drainage, groundwater infiltration and water quality;

h)

the protection of significant wildlife habitat, significant wetlands, fisheries and other environmentally sensitive areas on or adjacent to the site; and,

i)

generally address all components of the development proposal and its construction which have potential on-site or off-site impacts.

I1.46.31

ADJACENT LANDS

I6.31.1

For the purposes of this Official Plan, adjacent lands are defined as all lands within: a)

120.0 metres of the boundary of a Provincially Significant Wetland or 30.0 metres of the boundary of other wetlands;

b)

30.0 metres along the shoreline from the boundary of Type I Fish Habitat;

c)

300.0 metres from lake trout lakes at capacity;

d)

50.0 metres from the boundary of a significant wildlife habitat;

e)

50.0 metres of any Significant Forest Area;

f)

50.0 metres from the boundary of a Muskoka Heritage Area; and,

g)

30.0 metres of any watercourse;.

c)

50.0 metres from the boundary of a Provincially or Regionally Significant Area, Natural Heritage Areas identified by the District of Muskoka or areas of Natural and Scientific Interest, Conservation Reserves and Provincial Parks;

d)

50.0 metres from a significant portion of the habitat of an endangered or threatened species;

e)

30.0 metres from the boundary of Type I Fish Habitat;

f)

50.0 metres from the boundary of a significant wildlife habitat; and,

g)

50.0 metres of any Significant Forest Area.

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SECTION J â&#x20AC;&#x201C; TRANSPORTATION, SERVICES AND UTILITIES INFRASTRUCTURE The following policies apply to transportation, services, energy, and communication facilities throughout the Town of Gravenhurst and are intended to implement the Transportation Goals and Objectives indicated in Section B5 of this Plan.

J1

GENERAL POLICIES

J1.1

The Town will plan for and protect corridors and rights-of-way for vehicular and active transportation, marine transportation, transit, utilities and infrastructure facilities to meet current and projected needs.

J1.2

The Town will ensure that land use decisions and all development proposals shall have regard to the implications for the transportation network, parking, snow removal and the provision of municipal services and utilities.

J1.3

The preservation and reuse of abandoned corridors for purposes that maintain the corridorâ&#x20AC;&#x2122;s integrity and continuous linear characteristics should be encouraged, wherever feasible.

J1.4

Transportation links to nearby industries and other centres within the District and Province will be improved and encouraged in conjunction with appropriate agencies.

J1.5

A connected public pedestrian movement system, including sidewalks, walkways and trails shall beis encouraged in all developments, including public parks and open spaces.

J1.6

Major traffic hazards, such as poorly designed intersections, confusing road signs and narrow roadways, will be eliminated as transportation improvements are undertaken.

J1.7

All developments shall be located and designed giving consideration to the ability of the police and emergency services personnel to access the subject site or property and connectivity between existing and proposed roadways and trails.

J1.8

All transportation and utility works shall have regard for the natural character, wildlife corridors and visual qualities of the natural environment.

All public works shall be subject to the policies of this Plan.

J1.9

Premature development which would require the extension of existing municipal services and create an economic burden on the Town will not be approved.

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J1.10

The airport shall be protected from land uses that may impact its expansion and development.

J1.11

Historic navigation routes, including portages and colonization roads shall be maintained and preserved.

J1.12

Community infrastructure will be designed to take into account the potential impacts from climate change to minimize damage, with a preference toward practices of better stewardship and protection of nature, naturalized areas, greenspaces and water resources.

J2

TRANSPORTATION INFRASTRUCTURE

J2.1

PROVINCIAL HIGHWAYS

J2.1.1

Highway 11 is a controlled access highway and is the only provincial highway in Gravenhurst.

J2.1.2

Council will encourage the continued upgrading of Provincial Highways throughout the Municipality.

Development adjacent to these roadsProvincial Highways should not reduce the effectiveness of these routes by reducing existing speed limits or creating traffic hazards.

J2.1.3

Approval of the Ministry of Transportation will beis required for any development within the permit control jurisdiction of Highway 11 as a Controlled Access Highway.

Prior to submitting applications for development within the areas identified, the Ministry of Transportation should be consulted with respect to traffic impacts, grading and stormwater management, site layout, site servicing, illumination, and signage.

J2.1.4

New development and entrances located within 46.0 metres of the highway property line and 395.0 metres from the centre point of the intersection of a local road and a Class I, II or III Highway or 180.0 metres from the intersection of a local road and a Class IV or V Highway must qualify for an entrance permit and meet the minimum geometric and safety requirements of the Ministry of Transportation for access prior to any site development.

An MTO Land Use Permit may also be required.

J2.1.5

Schedule B identifies the proposed approved re-alignments of Highway 11 and associated service roads between Severn Bridge and the south entrance of the Gravenhurst Urban Centre. In addition to any specific requirements outlined in Section E3, development will be in compliance with applicable MTO requirements along this corridor.

J2.23

DISTRICT OF MUSKOKA ROADS

J2.2.1

All District roads are controlled access roadways. An entrance permit shall be obtained prior to development in order to provide access to a District road.

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J2.2.2

The development of new lots on District roads may be permitted subject to the lot frontages and lot areas specified in Official Plan of the Muskoka District Area, and provided an entrance permit can be obtained from the District of Muskoka.

J2.34

MUNICIPAL ROADS

J2.3.14.1

Arterial Roads Arterial roads are designed to handle the movement of traffic on as many as four (4) lanes of traffic within or through the Town and provide limited access to abutting properties. All District Roads are considered arterial roads unless shown otherwise on the Schedules to this Plan. Where possible, arterial roads shall have a minimum right-of-way width of 30 metres.

J2.3.24.2

Collector Roads Collector roads are designed to collect and carry local traffic to the Provincial Highways, District Roads and arterial roads or distribute traffic to the local roads on two (2) or four (4) traffic lanes and provide some access to abutting properties. Collector roads shall have a minimum right-of-way width of 20.0 metres.

J2.3.34.3

Local Roads Local roads are designed primarily to provide access to abutting properties and to discourage the movement of through traffic. Except in areas of special development requiring reduced development standards, local roads shall have a minimum right-of-way width of 20.0 metres. Local roads shall be connected in a grid-type pattern wherever possible. Cul-de-sacs and dead-ends should be avoided.

J2.3.44.4

Seasonal Roads Where development is approved on the basis of seasonal road access or access over an unmaintained municipal road allowance, Council may permit the development only where the owner enters into an agreement with the Municipality that acknowledges that municipal services to the lands may not be available to the lands at certain times of the year and that the Municipality assumes no liability to provide services to the development.

J2.3.54.5

Unmaintained Roads It is not a policy of Council to maintain those roads on municipal road allowances that are not presently maintained municipal roads, nor will they necessarily be assumed by the Municipality. The Municipality may assume, open and maintain new municipal roads only when:

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a)

the Municipality has clear and fee title to the land;

b)

the roads have been constructed to the current minimum Public Road standards of the Municipality; and,

c)

the benefits, financial and otherwise, of assuming and maintaining the road outweigh the municipal costs.

J2.3.64.6

Private Roads

J2.3.6.1

Existing private roads may continue to be used but shall not be extended unless a legal right-of-way to a public road has been registered on the title of the lands, the road has the capacity to handle the additional traffic..

Council will not permit the creation of new private roads in the Municipality, unless those roads are created by plan of condominium.

J2.3.6.2

In the Waterfront Area, a minor extension to an existing private road or a new private road may be permitted, provided it meets appropriate standards for emergency access, serves a limited number of lots and where the proposal is infilling or represents the last physical development feasible. A private road may be considered where the alternative of a public road is not environmentally or economically viable.

J2.3.6.3

New private roads should be created by plan of condominium.

J2.3.6.4

New residential development on existing private roads may be permitted where it is considered infilling between existing residential units. As a condition of new lot creation on a private road, the Town may require that the applicant enter into a 51(26) agreement, such agreement to specify that the Town is not responsible for the provision of road access or other emergency services to the property.

J2.3.74.7

Road Allowances a)

The Municipality Town will not stop up or sell unmaintained road allowances where there is any possibility that there is a potential future public use for the lands. Road allowances leading to water or leading to an original Shore Road Allowance shall not be sold to abutting property owners unless there are other more usable public access points leading to the water in the immediate area.

b)

The closure and sale of original Shore Road Allowances may be considered by the Municipality Town where there are no environmental, cultural, or other public interests that may be affected by the sale of these lands.

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J2.3.84.8

Land Acquisition As a condition of development or redevelopment, including land division, condominium approval or site plan control, the approval authority may require lands to be dedicated free of charge to the appropriate road authority in order to achieve the planned right-of- way width, road improvement or other similar action to improve the function of abutting roadways.

J35

SEWAGE AND WATER SERVICES

J3.15.1

GENERAL

J3.1.1

Water and sewage capacity allocation strategies will be prepared, monitored, and maintained by the Town and the District of Muskoka for the Urban Centre, in order to monitor the approved and proposed developments in terms of allocations of existing water and sanitary sewage plant capacities.

J3.1.2

Where rezoning would permit uses that would require a significant allocation of sewer and water capacity, a holding by-law shall be used in order to facilitate phasing of a development and to defer final allocation until construction is to proceed. The holding provision will be removed upon confirmation of servicing capacity by the District of Muskoka and appropriate agreements have been entered into. An alternative zoning approach that accomplishes these objectives and is to the satisfaction of the Town and the District may also be considered.

J3.1.3

Development on private services shall be limited to uses which use or produce less than 10,000.0 litres per day of water or sewage effluent or waste water, or create discharge which would be an environmental hazard or present a threat to ground or surface water.

J3.1.4

Development outside the Urban Service Area Boundary will proceed on the basis of private individual potable water supply and sanitary sewage disposal systems that do not generally provide service to more than one lot or unit legally capable of being conveyed.

J3.1.5

Where development is permitted on private services, lots shall have sufficient and suitable area to adequately accommodate such services, and shall satisfy the authority having jurisdiction with respect to the approval of private water supply or private sewage facilities. Holding tanks shall not be permitted except to remedy a problem or situation on an existing developed lot that would be unsuitable for any other system.

J3.1.6

A hydrogeological assessment will generally be required by the approval authority where: a)

more than five lots are proposed on private services; or

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b)

construction of a new road(s) is proposed for a development on private services; or

c)

there are areas of known or suspect water quantity or quality; or

d)

commercial, industrial or other uses on private services which would produce an effluent flow of greater than 10,000.0 litres per day; or

e)

private groundwater and sewage disposal services are proposed for an individual lot of less than 1.0 hectare in area on lands adjacent to existing lot development where the cumulative impacts of private services are deemed of significant concern by the authority having jurisdiction.

J3.1.7

The requirements of J5.6 do not apply where the lot or unit is a shoreline lot and the groundwater flow does not affect adjacent backlot or rural properties.

J3.1.8

Where development is proposed within 1,000.0 metres of a District water intake, sanitary sewage outfall or sewage treatment lagoon, the District of Muskoka shall be consulted and the proponent shall satisfy any concerns of the District.

J3.2

URBAN SERVICE AREA BOUNDARY

J5.1.93.2.1

Development within the Urban Service Area boundary shall proceed on the basis of full municipal water and sewer services.

J5.1.103.2.2

Implementing zoning by-laws will prohibit the development of land unless municipal water and sanitary sewer services as required for the development and detailed herein are available.

J5.1.113.2.3

The availability and extension of municipal water and sewer services will be a principal factor in establishing the phasing of development within the Urban Service Area boundary.

J5.1.123.2.4

Some areas of Gravenhurst are currently serviced with a single municipal service. The extension of full municipal services to existing single municipal service areas is encouraged.

J5.1.133.2.5

Extension of municipal water and sewer services outside of the boundary of the Municipal Water and Sewer Service Area shall not be permitted except where such works are undertaken as a municipal project, or to remedy a health hazard or an environmental concern, in which case an amendment to the official plan is not required.

J5.1.143.2.6

The extension of services outside of the Municipal Water and Sewer Service Area for reasons identified above, shall not confer, or be deemed to confer, development rights for abutting properties and further extensions

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from such services to surrounding properties shall not be permitted, except as permitted herein.

J5.1.153.2.7

The expansion of municipal water service only areas shall not be permitted, except to remedy a health hazard or environmental concern, or if deemed to be within the public interest.

J5.1.163.2.8

Notwithstanding J5.9 and J5.10, where full municipal water and sewer services are not yet available within the Urban Service Area boundary, development should not occur until services are available. However, development of existing lots of record or infilling or lot creation of a limited nature may be permitted, where the extension of the service is not feasible, practical or likely to be available in the foreseeable future, and where no present or immediately foreseeable water or sanitary problem would be further compounded, subject to the following:

J5.1.173.2.9

a)

the uses are restricted to low effluent producing uses which do not generate large quantities of liquid effluent or create discharge which would be an environmental hazard or present a threat to ground or surface water;

b)

the use does not preclude the eventual connection to full services when they become available and does not preclude future urban intensification;

c)

as a condition of development approval, an agreement is entered into with the Town or District to require connection to full municipal services when they become available;

d)

minimum lot standards for new lot creation shall be double those for the development if it were on full municipal services, and the lot shall be designed in such a manner as to be able to be split in the future when full services become available;

e)

a private waste disposal system (if required) can be accommodated on the lot to the satisfaction of the authority having jurisdiction;

f)

private individual sewage systems should be located within the yard adjacent to the street or in the side yard, where possible, in order to facilitate future connection to municipal sewers; and

g)

subject to such conditions as the District of Muskoka deems necessary respecting servicing.

For the purposes of this section, infilling or lot creation of a limited nature means the creation of a lot or lots between two existing lots of a similar nature and which are located on the same side of the road and generally are not more than 60.0 metres apart.

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J5.23.3

COMMUNAL SERVICES Communal services will only be considered for resort commercial development where those services form part of an approved condominium corporation and where the requirements of the Ministry of the Environment and the District of Muskoka with respect to such services are met.

J6J4

WATERWAYS

J4.1

Council recognizes the importance of maintaining navigation on the Lakes and River systems to the economy and culture of the Town. The Town of Gravenhurst will seek opportunities to protect and improve navigation and infrastructure supporting the waterways as a major transportation link in the community. Public access to water and boat parking facilities shall be provided in any large-scale commercial or residential waterfront development.

J4.2

Existing and historic portage routes and canoe routes shall be identified and preserved for public use.

J4.3

Public and private waterfront landings shall may be placed in a specific zone in the Zoning By-law and shall be protected and enhanced wherever possible.

J7J5

ACTIVE TRANSPORTAION, RECREATIONAL PEDESTRIAN AND BICYCLE ACCESS

J5.1

The Town supports and promotes safe active transportation as a priority travel option. Roads, crossing and new development shall use active transportation and engineering best practices for traffic calming and target speed designs that reduce traffic speeds without the need for enforcement.

J5.2

The Town supports the development of a range of recreational trail facilities, which may be geared to pedestrian, cycling or motorized trail use.

The Town may develop a trails master plan.

J5.3

The Town supports initiatives to provide and improve active transportation opportunities throughout the Town, and may prepare an active transportation plan.

J5.4

Pedestrian walkways will be developed to connect major Commercial, Institutional, Residential, and Open Space areas in a continuous system.

J5.5

Pedestrian access from the downtown to the Muskoka Bay area will be improved in order to increase connectivity and interaction between these areas.

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TRAILS,

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J5.6

In all new road construction, particularly involving bridges, consideration shall be given to the need for bicycle lanes and a dedicated pedestrian walkway.

J5.7

Snowmobile routes form an important component of the Municipalityâ&#x20AC;&#x2122;s Townâ&#x20AC;&#x2122;s transportation system and economy. The location of these routes may change without an amendment to this Plan. Crossings of Provincial Highways will require the approval of the Ministry of Transportation.

J5.8

The Town will encourages the on-going development of a four-season trail system throughout the Municipality that is operated by non-profit organizations. Trails shall be developed in a manner that provides access to the natural features of the Town without adversely impacting those features. Vehicular trails through significant habitat areas or areas of significant environmental sensitivity will not be permitted, unless it can be demonstrated by the proponent via the EIS process that the impact would be minimal.

J5.9

Trails intended primarily for motorized vehicles shall only be permitted where the environmental impact of such trails is carefully assessed and where the trails are located in areas that are compatible with other trail uses and existing land uses.

J8J6

RAIL LINESWAY CORRIDORS

J6.1

The Town acknowledges the importance of rail infrastructure and its economic role in the movement of goods and people. In this regard, Council shall ensure that future development does not impede the continued viability of the rail line. Potential locations for grade separated crossings may be identified and, as a condition of development approval, Council may require a rail crossing to be funded entirely by the developer.

J6.2

Residential and other sensitive land uses proposed Development located within 300.0 metres of a railway right-of-way may be required to undertake noise studies, to the satisfaction of the Town and authority having jurisdiction in consultation with the appropriate railway, and shall undertake appropriate measures to mitigate any adverse effects from noise that were identified. A 30.0 metre railway setback will generally be required for all buildings.

J6.3

All proposed developmentResidential and other sensitive land uses proposed located within 75.0 metres of a railway right-of-way may be required to undertake vibration studies, to the satisfaction of the Town and the authority having jurisdiction in consultation with the appropriate railway, and shall undertake appropriate measures recommended in those studies to mitigate any adverse effects from vibration that were identified.

J6.4

All proposed development located adjacent to railways shall ensure that appropriate safety measures such as increased setbacks, berms, security

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fencing, and sightline requirements of Transport Canada are provided, to the satisfaction of the Municipality in consultation with the appropriate railway.

J6.5

Implementation and maintenance of any required rail noise, vibration and safety impact mitigation measures, along with any required notices on title, such as warning clauses and/or environmental easements, will be secured through appropriate legal mechanisms to the satisfaction of the Town and the appropriate railway.

J9J7

UTILITY CORRIDORS AND FACILITIES

J7.1

All development in the Town shall recognize the importance of the high pressure natural gas pipelines and hydro transmission lines identified on Schedule A to this Plan. Any development located within 200.0 metres of a utility corridor may affect the safety and integrity of the line. The Municipality shallTown will require early consultation with TransCanada for any development proposed within 200.0 metres of a gas pipeline.

J7.2

A minimum setback of 7.0 metres shall be maintained from the limits of the utility right-of-way for all permanent structures and excavations. In the case of a natural gas pipeline, a reduction to the 7.0 metre setback requirement will only be considered if it can be demonstrated to the satisfaction of the pipeline corporation that it will not compromise the safety and integrity of the pipeline and subject to all necessary municipal approvals being obtained.

J7.3

Activities located on or within 30.0 metres of the TransCanada pipeline, such as excavations, blastingsblasting and any movement of heavy equipment shall require the necessary approval from the National Energy Board.

J7.4

Ontario Power Generation Inc. facilities, Hydro One Network Inc. facilities and/other public utility facilities shall be permitted in all land use designations.

J10

PEDESTRIAN AND BICYCLE ACCESS NOTE: RELOCATED TO SECTION J5

Pedestrian walkways will be developed to connect major Commercial, Institutional, Residential, and Open Space areas in a continuous system.

Pedestrian access from the downtown to the Muskoka Bay area will be improved in order to increase connectivity and interaction between these areas.

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In all new road construction, particularly involving bridges, consideration shall be given to the need for bicycle lanes and a dedicated pedestrian walkway.

J11J8

COMMUNICATION TOWERS

J8.1

While recognizing the authority of the Federal government with respect to communication facilities, Council will require public consultation and consideration of the visual impacts of communication towers prior to such facilities being located in the Town.

J8.2

Communication towers should avoid locations that are visually prominent within Waterfront Areas, shoreline locations in the Gravenhurst Urban Centre, and areas that have historic or cultural significance.

J8.3

Wherever possible, communication facilities shall utilize existing towers and share facilities.

J8.4

Where communications towers are not permitted as of right, they shall require a public meeting unless an Environmental Assessment has been approved under the Environmental Assessment Act.

J8.5

The Town supports the development of broadband communication facilities to the entire Town. Amendments to this Plan or the implementing Zoning By-law will not be required for the necessary infrastructure required to provide this service.

J12J9

ALTERNATIVE PLANNING

J9.1

The Town will explore the preparation of a community energy plan, designed to improve energy efficiency, reduce greenhouse gas emissions and foster local sustainable energy solutions.

J9.2

The Town encourages Leadership in Energy and Environmental Design (LEED) certification or other similar appropriate programs for public and private facilities.

J9.3

The Town will encourage the development and utilization of alternative energy sources, including wind, solar and renewable resources. The use of private power generators, such as small-scale wind turbines, solar panels and other similar sources will be permitted as an accessory use in the Zoning By-law.

J9.4

Large scale power generation operations that develop and sell electricity for commercial purposes shall be considered an industrial use and will be permitted in accordance with the provisions of this Plan.

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ENERGY

SOURCESGREEN

ENERGY

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J9.5

The Town encourages the development of renewable energy sources and systems in appropriate locations, and may provide for the provision of onsite renewable energy installations (i.e. roof-top and ground mounted solar, geothermal).

J9.6

The Town encourages development and land use patterns that promote design and building orientation which will maximize energy efficiency and considerations, and considers the mitigating effects of vegetation, maximizes opportunities for the use of renewable energy systems and alternative energy systems, and maximizes vegetation within the urban areas, where feasible.

J9.7

The Town encourages and supports energy conservation, district heating and combined heat and power, and alternative and renewable energy sources developed in accordance with Provincial and Federal legislation, policies and regulations.

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SECTION K â&#x20AC;&#x201C; IMPLEMENTATION AND INTERPRETATION K1

INTRODUCTION

K1.1

The official plan will be implemented by means of the powers conferred on the Town by the Planning Act, the Municipal Act and other statutes as may be applicable. The Plan will be implemented by the enactment of zoning by-laws, site plan approval, property standards and occupancy by-laws, and the full range of planning tools available to the Town under the Planning Act and other legislation.

K2

OFFICIAL PLAN REVIEW AND AMENDMENTS

K2.1

OFFICIAL PLAN REVIEW

K2.1.1

The Plan shall be reviewed in accordance with the requirements of the Planning Act.. Should economic or social changes occur which necessitate an earlier review, Council may direct such a review to be undertaken. In addition, Council shall monitor population projections and growth on an annual basis after the sewage treatment facility is expanded. Where growth exceeds the projection outlined in this Plan, Council shall direct a review of this Plan.

K2.1.2

The review of the Official Plan shall include a significant public consultation process in addition to the minimum requirements of the Planning Act.

K2.2

OFFICIAL PLAN AMENDMENTS

K2.2.1

It is the intent of this Plan toThis Plan will serve as the basis for managing change in the Town for the next 20 years. As a result, this Plan identifies enough land for residential, commercial and industrial uses to last until the year 20262036.

K2.2.2

It is the intent of the Town that this This Plan should only be amended when the policies of this Plan have been found not to address issues or alternatively, issues have been raised with respect to site-specific proposals that must be addressed in a comprehensive manner. However, where Amendments are contemplated by this Plan, they shall be considered by Council.

K2.2.3

Council may eliminate notice to the public and a public meeting for a minor Official Plan Amendment that does the following: a)

changes the numbers of sections or the order of sections in the Plan, but does not add or delete sections;

b)

consolidates previously approved Official Plan Amendments in a new document without altering any approved policies or maps;

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c)

corrects grammatical or typographical errors in the Plan that do not affect the intent or affect the policies or maps;

d)

rewords policies or re-illustrates mapping to clarify the intent and purpose of the Plan or make it easier to understand without affecting the intent or purpose of the policies or maps; and,

e)

translates measurements to different units of measure or changes reference to legislation where the legislation has changed.

K2.2.4

In all other instances, notification to the residents of the Town of public meetings held by Council shall be given in accordance with the procedures of The Planning Act and this Plan.

K2.3

SECONDARY PLANS

K2.3.1

Secondary Plans may be prepared or required for specific areas of the Town or in relation to a development application where it is considered necessary to provide more detailed planning objectives and policies for development of a specific area of the Municipality. Secondary Plans may be prepared for established, partially developed or undeveloped areas within the Gravenhurst Urban Centre, designated Rural Settlement Community Area or lakes where a Lake Plan has been prepared in the form of a Secondary Plan.

K2.3.2

Secondary Plans may be incorporated into this Official Plan by Amendment or may be adopted as a separate document that conforms to the Official Plan but details specific planning objectives and policies for the defined area. Secondary Plans shall be the subject to the same administrative and public involvement procedures as required for an Official Plan Amendment.

K2.3.3

Secondary Plans may include some or all of the following as deemed necessary by Council: a)

land use structure, density, and design;

b)

transportation;

c)

environmental protection, enhancement, and management;

d)

heritage/archaeological potential;

e)

storm water management;

f)

servicing strategy;

g)

integration and compatibility of the Secondary Plan area with the adjacent uses; and,

h)

other relevant issues as deemed required by Council.

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K2.3.4

A Secondary Plan may be required by Council where an expansion to the Gravenhurst Urban Centre or Community AreaRural Settlement Area is warranted, where a major development is proposed that would significantly impact the community, or where the basic assumptions and policies of this Plan need to be revised.

K2.3.5

Secondary Plan Schedules shall be incorporated into this Plan as 'D' series Schedules.

K31

ZONING BY-LAWS

K3.1

COMPREHENSIVE ZONING BY-LAW

K3.1.1

This Plan shall be implemented by the passage of a Zoning By-law in compliance with the provisions of this Plan and pursuant to the Planning Act. The implementing By-law will also implement the following policies:

K3.1.2

It is the intent of this Plan that Eexisting uses that do not conform to the provisions of this Plan, shall, in the long term, be brought into conformity with the provisions of this Plan. However, this Plan is not intended to prevent the continuation, or minor extensions, or enlargements of uses that do not comply with the provisions of this Plan so long as those uses continue. After deeming it unfeasible to acquire a non-conforming property so as to bring it into compliance with this Plan through redevelopment, the Town may zone lands to permit the continuation, of minor extensions or enlargements of legally existing non-conforming uses provided that Council is satisfied that the zoning shall:

K3.1.3

a)

have no adverse effect on the present uses of the surrounding lands;

b)

will not have an adverse impact on natural features or their ecological functions;

c)

comply with the Minimum Distance Separation Formulae in the Provincial Policy Statement;

d)

apply to a use that has frontage on a public road which has been assumed for public use as a road and is fully maintained year round including winter snow and ice control, by the Town, District or the Province;

e)

will not detrimentally affect the implementation of this Plan; and,

f)

have the appropriate level of municipal services and/or have site conditions suitable for the installation of private sewage and water.

No provision of this Plan shall be deemed to require Council to zone all lands in the Town in order to permit immediate development of such lands for their designated uses. Therefore, the Town may zone lands to reflect

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existing uses only, where there is insufficient information to determine specific zoning categories or where the development of such lands is considered to be premature or not in the public interest. Such lands may be zoned in accordance with the provisions of this Plan at such time as there is sufficient information to determine specific zoning categories and the development of such lands is no longer considered premature or not in the public interest.

K3.1.4

Land uses may be zoned in separate zone classifications in the Townâ&#x20AC;&#x2122;s Zoning By-law based on the type and size of the use.

K3.1.5

Commercial uses may be placed in Holding and site-specific zones that establish limitations on the ability of those uses to significantly expand without requiring further planning approvals.

K3.1.6

Legally existing residential uses will be recognized in the Zoning By-law.

The Zoning By-law will not differentiate between permanent and seasonal occupation.

K3.1.7

As outlined in the Planning Act, the Town may use limited service zoning to reflect that some areas of the Town are provided with a full range of services during a limited time period in the year.

K3.22

TEMPORARY USE BY-LAWS

K3.2.1

The Town may pass Temporary Use By-laws to private land permitting: a)

temporary housing;

b)

temporary tourist uses and facilities; and,

c)

specific one-time events.

K3.2.2

These temporary uses may be authorized for a specific time period up to three years and should be applied where it is considered inappropriate by the Town to permit the proposed use on a permanent or continuing basis and where alternatives such as relocation are not practical. Subsequent By-laws granting extensions of up to three years may be passed. However, once the By-law has lapsed, the use must cease or otherwise will be viewed as contravening the implementing Zoning By-law.

K3.2.3

Prior to the approval of a Temporary Use By-law, Council shall be satisfied that the following principles and criteria are met: a)

the proposed use shall be of a temporary nature and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of the temporary use;

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b)

the proposed use shall be compatible with adjacent land uses and the character of the surrounding neighbourhood;

c)

the proposed use will not have an adverse impact on natural features or their ecological functions;

d)

the proposed use shall not require the extension or expansion of existing municipal services;

e)

the proposed use shall not create any traffic circulation problems within the area nor shall it adversely affect the volume and/or type of traffic serviced by the area’s roads;

f)

parking facilities required by the proposed use shall be provided entirely on-site;

g)

the proposed use shall generally be beneficial to the neighbourhood or the community as a whole; and,

h)

the owner has entered into an agreement with the Town and/or posted securities, if necessary, to ensure that structures associated with a temporary use provision can be removed upon expiry of the By-law.

K3.3

INTERIM CONTROL BY-LAWS

K3.3.1

The Town may pass Interim Control By-laws in accordance with the Planning Act, to place immediate restrictions on the use of certain lands or certain land uses where the Town has directed that a study of land use planning policies be undertaken.

K3.44

HOLDING PROVISIONS

K3.4.1

The Town may zone lands to include a holding symbol ‘H’ as provided for in the Planning Act in conjunction with a specific zoning category in order to specify the permitted uses of such lands at such time as the holding symbol is removed by Amendment to the Zoning By-law. Permitted uses on Lands subject to a holding symbol shall include existing uses and a limited range of uses compatible with the intended future use of the lands and outlined in the Zoning By-law.

K3.4.2

The use of the holding symbol shall be restricted to the following situations: a)

where adequate services are not available but anticipated. When adequate services are available, the Town shall amend the Zoning By-law to remove the holding symbol;

b)

where such lands are affected by adverse environmental or other constraints on development that can be resolved to the Town’s satisfaction. Upon resolution of the adverse environmental or other

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constraints on development to the Townâ&#x20AC;&#x2122;s satisfaction, the Town shall amend the Zoning By-law to remove the holding symbol; c)

where the development of such lands may impose adverse financial impacts upon the Town. Upon resolution of such adverse financial impacts to the Townâ&#x20AC;&#x2122;s satisfaction, the Town shall amend the Zoning By-law to remove the holding symbol;

d)

where the development of the land requires a development agreement, the Holding provision may be used until such time as the appropriate agreement is completed and registered on title; and,

e)

where the development is proceeding by a Plan of Subdivision, upon the completion of all conditions of Draft Plan Approval, the holding symbol may be removed.

K163.5

NON-CONFORMING USES

K163.5.1

Intent of the Official Plan As a general rule, existing uses that do not conform to the policies of this Plan should gradually be phased out so that the affected land use may change to a use which is in conformity with the goals of the Official Plan and the intent of the implementing Zoning By-law. In some instances, it may be necessary and practical to allow the extension or enlargement of non-conforming uses through the granting of a minor variance or by placing the use in an appropriate zone in the implementing Zoning By-law. In such instances, Council shall have regard for the following principles:

K163.5.2

a)

the feasibility of acquiring the property for holding, sale, lease or development by the Town for a more appropriate permitted use;

b)

the possibility of relocating the non-conforming use to another site;

c)

the zoning will not permit any change of use or performance standard that may negatively impact adjoining uses;

d)

the uses do not constitute a danger to surrounding land uses, humans or animals by virtue of their hazardous nature; and,

e)

the uses do not interfere with the appropriate development of the surrounding lands.

Committee of Adjustment If the property cannot be acquired or a building relocated, the Committee of Adjustment may, without an Amendment to this Plan, allow an extension or enlargement to a non-conforming use. Prior to such approval, the Committee shall consider the following:

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K163.5.3

a)

the size of the extension or enlargement in relation to the existing operation;

b)

whether the proposed extension or enlargement is compatible with the character of the surrounding area;

c)

the characteristics of the existing use in relation to size, bulk, height, setbacks, noise, vibration, fumes, dust, smoke, odours, lighting and traffic generation and the degree to which any of these factors may be increased or decreased by the extension; and,

d)

the possibilities of reducing these nuisances through buffering, building setbacks, landscaping, Site Plan Control and other means to improve the existing situation, as well as minimize the problems from extension.

Implementing Zoning By-law Existing uses which do not conform with the policies of this Official Plan may be zoned in the Implementing Zoning By-law in accordance with their present use, provided that: a)

the zoning will not permit any change of use or performance standard that may negatively impact adjoining uses;

b)

the uses do not constitute a danger to surrounding land uses, humans or animals by virtue of their hazardous nature; and,

c)

the uses do not interfere with the appropriate development of the surrounding lands.

K3.6

NON-COMPLYING BUILDINGS, STRUCTURES OR LOTS

K3.6.1

A non-complying building, structure or lot is one that does not comply with the regulations and performance standards of the implementing Zoning Bylaw.

K3.6.2

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation: a)

does not further increase a situation of non-compliance;

b)

complies with all other applicable provisions of this Plan and the implementing Zoning By-law;

c)

does not increase the amount of floor area in a required yard or setback area; and,

d)

will not pose a threat to public health or safety.

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K3.6.3

The implementing Zoning By-law shall contain specific provisions regarding the enlargement, repair or renovation of non-complying structures in Waterfront Areas. Performance standards for the enlargement, repair or renovation of non-complying structures in Waterfront Areas shall be contained within the By-law and may contain standards respecting maximum width of the addition, maximum size of the dwelling or structure, maximum height, and other relevant standards.

K3.6.4

A non-complying lot in existence prior to the effective date of the implementing Zoning By-law that does not meet the lot area and/or lot frontage requirements contained within the implementing Zoning By-law, may be used and buildings thereon may be erected for a purpose permitted by this Plan.

K3.6.5

Non-complying buildings may be enlarged, repaired or renovated provided the use conforms with the applicable policies of this Plan and the implementing Zoning By-law, and the buildings or structures comply with all of the other provisions of the implementing Zoning By-law.

K45

SITE PLAN CONTROL

K4.1

All areas of the Town are designated as proposed Site Plan Control Areas under the provisions of the Planning Act. Specific uses subject to Site Plan Control as described in this Plan shall be identified in the Townâ&#x20AC;&#x2122;s Site Plan Control By-law passed under the provisions of the Planning Act.

K4.2

The intent of a Site Plan Agreement is to ensure that any proposed development is designed to be compatible with adjacent development, appropriately serviced and accessed and otherwise in conformity with the goals and strategic objectives of this Plan. Any required Site Plan Agreement shall deal with the following, as appropriate: a)

road widenings;

b)

location of vehicular access points;

c)

loading, parking and driveway locations;

d)

the surfacing of loading, parking and driveway areas;

e)

the location and design of walkways and walkway ramps,

f)

the location, massing and conceptual design of any buildings and structures;

g)

the location and type of lighting, landscaping, and preservation of natural vegetation;

h)

the location and type of garbage storage;

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i)

the location and nature of easements;

j)

the grade and elevation of the land;

k)

the type and location of storm, surface and wastewater disposal facilities; and,

l)

the location and type of snow removal facilities.

K4.3

Where the Town implements a Development Permit system of land use regulation it may substitute a Development Permit and conditions of approval of such a permit for Site Plan Approval and controls outlined in this Plan.

K56

DESIGN GUIDELINES

K5.1

The Town is vitally concerned about the design of new development, and the redevelopment of existing properties particularly in the Gravenhurst Urban Centre, Community AreaRural Settlement Area, Waterfront Area and the Highway 11 Commercial Special Character Area.

K5.2

In order to ensure that all new development conforms to and achieves the Vision, Goals, Objectives, and policies of this Plan, Council may direct the preparation of â&#x20AC;&#x153;Design Guidelinesâ&#x20AC;?. The Design Guidelines will provide a more specific articulation of the design policies of this Plan and a translation of the policies into specific design guidelines and standards regarding the full range of public and private realm design issues.

K5.3

Design Guidelines should be prepared with the full participation of residents, affected landowners and community or lake associations. Once prepared and adopted by Council, the Design Guidelines will be used in the review of all applications for Amendments to the Official Plan and Zoning By-law, applications for subdivision and condominium, and applications for Site Plan Approval.

K5.4

Municipal outdoor spaces will be designed to include natural and/or constructed shade features to protect residents from JVR/sun exposure.

K7K6

COMMUNITY IMPROVEMENT PLANS

K7K6.1

THEME It is the goal of the Town to encourage the development of a "Gateway to Muskoka" theme as described in the Urban Design Guidelines Report prepared by Corbin and Good, August 2000, and based generally upon the railway and steamship era, as a focus for tourism and economic development that should be reflected in a development and redevelopment activities wherever possible. The preferred theme of rocks, trees and water is based upon the heritage of the time when visitors arrived

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in Gravenhurst by rail, at the Muskoka Wharf to transfer to the steamers for a lakeside holiday in the Canadian Shield.

K7.21K6.1

DEFINITION AND IDENTIFICATION

K6.1.1a)

The community improvement provisions of the Planning Act provide opportunities to maintain and promote an attractive, well maintained and safe living and working environment through initiatives that will stimulate community improvement, rehabilitation and revitalization.Community Improvement is generally defined as encompassing all those activities, both public and private, which maintain, rehabilitate and redevelop the existing physical environment to accommodate the social and economic priorities of the Town of Gravenhurst, within the context of the requirements of the Planning Act.

b)K6.1.2

In designated community improvement project areas, the Town may prepare community improvement plans that can provide incentives to stimulate or leverage private and/or public sector investments.Community Improvement Policy Areas are designated in compliance with the provisions of the Planning Act and are intended to identify areas in which Community Improvement Plans may be undertaken. (add refrence to all areas of the town may be identified as cip areas)

c)K6.1.3

The entire Town is designated as a Community Improvement Area. All or any portion of the Town may be identified by by-law as a Community Improvement Project Area as provided under Section 28.2 of the Planning Act, and a community improvement plan may be prepared for the area.

The following areas are designated as Community Improvement Project Areas. 

Gravenhurst Urban Centre;



Highway 11 Commercial Special Character Area and adjacent lands;



Waterfront Areas; and,



Muskoka Centre Lands

Specific Community Improvement Areas may be defined by by-law and Community Improvement Plans may be prepared for all or a portion of the defined areas.

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K7.32K.6.2

PURPOSE OF COMMUNITY IMPROVEMENT COMMUNITY IMPROVEMENT GOALS

INITIATIVES

K6.2.1

The Town may undertake community improvement projects to address any of the following matters: It is the goal of the Town of Gravenhurst: a)

To develop a more attractive, safe and efficient community for existing and future residents.

b)

To provide for the continued social and economic viability of the Town of Gravenhurst.

c)

To provide an environment that is attractive to new investment in the Town of Gravenhurst.

d)

To encourage the ongoing maintenance, rehabilitation, redevelopment, upgrading and improvement of the physical environment, and within a framework of sound fiscal management.

a)

Protect and enhance the aspects of a neighborhood or area that the residents value highly;

b)

Improve the quality of the housing stock and to stimulate community pride ownership and occupancy;

c)

Eliminate the deficiencies in municipal services and community facilities wherever it is physically and economically feasible;

d)

Improve the physical and aesthetic amenities of the pubic streetscapes thereby stimulating private investment in revitalization;

e)

Protect and enhance the cultural heritage attributes of the Town and ensure that the redevelopment activities do not weaken these attributes;

f)

Improve parking, transportation and pedestrian patterns to make them more accessible and compatible with surrounding uses;

g)

Promote a flexible and adaptable economic environment;

h)

Promote community health, safety and broad aesthetic appeal;

i)

Encourage long-term sustainable investment in the Town, within a framework of sound fiscal management; and

j)

Facilitate the remediation and redevelopment or reuse of brownfield sites.

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k)

Provide an environment that is attractive to new investment in the Town.

K7K6.43

COMMUNITY IMPROVEMENT PLANS CRITERIA FOR DELINEATING COMMUNITY IMPROVEMENT PROJECT AREAS

K6.3.1

Community improvement plans may be prepared to provide incentives designed to achieve a number of benefits, including: Areas identified as Community Improvement Project Areas shall be determined according to the following criteria:

a) i) ii) iii) iv) v) vi)

areas that show deficiencies in public services including: deficiencies in sewer and water services; deficiencies in storm drainage; deficiencies in roads, sidewalks, street-lighting, and fire hydrants; desired streetscape improvements â&#x20AC;&#x201C; boulevard conditions; streetscape definition; and, impediments to pedestrian movement a) Provide support for community growth and development, including with regard to housing, arts and culture, tourism and employment; b)

Encourage redevelopment in keeping with smart growth and sustainable development principles such as sustaining a strong economy, building a strong community and promoting a healthy environment;

c)

Assist with the conservation of cultural heritage resources and encourage improvement consistent with the cultural heritage attributes of the area;

d)

Upgrade and maintain municipal services, transportation systems (including active transportation), public utilities and community facilities;

e)

Upgrade facilities to provide improved accessibility;

f)

Improve and maintain the existing building inventory, including energy efficiency upgrades and alternate energy sources;

g)

Support affordable housing initiatives through conversion of underutilized space; and

h)

Encourage a diversity of housing types in appropriate locations.

b)

areas that are deficient in social or recreational services including:

i)

lack of recreational facilities, including parks, open space and public facilities, playgrounds;

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K7.5

ii)

under utilized public recreational facilities;

iii)

architectural or historical significance of sites/areas;

iv)

public access to the waterfront; and,

v)

opportunities for identifying a character of the community.

c)

areas that no longer meet current development standards;

d)

areas that may be characterized as inefficient from a service delivery perspective or for a desired use; or,

e)

areas having inappropriate uses in a particular area, and that exhibit any of the following features:

i)

presence of conflicting/encroaching land use;

ii)

general aesthetics of the use/area;

iii)

availability and suitability of parking facilities (may also be viewed as a public service);

iv)

under utilization of land, blocks;

v)

building condition; need for upgrading to meet current standards â&#x20AC;&#x201C; availability of land and areas for reasonable expansion of uses in the area.

f)

Waterfront Areas where the natural characteristics of the shoreline have been modified by human activity that would benefit environmentally and aesthetically from naturalization.

PHASING OF IMPROVEMENTS Council shall be responsible for determining the appropriate phasing of improvements in the various policy areas.

K7K6.4

IMPLEMENTATION METHODS

K6.4.1

The Town may undertake a range of actions to implement community improvement plans, including: The following highlights a number of methods that may be used by Council to implement various Community Improvement objectives. This listing is neither complete nor intended to be in any form of priority listing.

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a)

Acquisition of land and/or buildings and the subsequent clearing, grading, environmental remediation, renovation, rehabilitation, construction, improvement, sale, lease or disposition for purposes which conform to the intent of the Plan;

b)

Provision of public funds such as grants, loans and other financial instruments;

c)

Application for financial assistance and participation in programs from senior levels of government;

d)

Supporting heritage conservation;

e)

Supporting the efforts of community groups and associations to revitalize improvement areas through the implementation of various public and private realm improvements; and

f)

Enforcing the Property Standards By-law.

a)

Community Improvement Plans as identified in the Planning Act. The designation of Community Improvement Project Areas by Bylaw and the preparation of Community Improvement Plans are the primary tools available to the Municipality through the Planning Act to effect Community Improvement. The adoption of a plan provides the Town with a vehicle to co-ordinate its efforts in an area in order to maximize the impact of the improvements.

b)

Participation in Provincial and Federal Programs There are many programs which have been established by the Federal and Provincial Governments which can assist in achieving the Townâ&#x20AC;&#x2122;s Community Improvement objectives. These include grant or loan programs, geared both to the private and public sectors.

While some programs are tailored to specific types of improvements, others are of general application or apply to a specific type of use. While these programs generally reflect the Provincial or Federal Governmentsâ&#x20AC;&#x2122; perception of priorities, they can still be used to advantage by the Town when its priorities match those of the program.

c)

Use of Full Range of Legislative Authority The Municipality may be able to take advantage of powers given to it through a multitude of Provincial statutes. The full use of the Planning Act, Municipal Act, Heritage Act, Ontario Water

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Resources Act, and many others can all be used to further the Townâ&#x20AC;&#x2122;s objectives. d)

Acquisition In designated Community Improvement Areas, the Town may acquire, assemble, clear and dispose of lands for purposes which conform to the intent of the Community Improvement Plan. This is a very powerful tool which permits the Town to become involved and assist in encouraging redevelopment where private investment may not initially have been interested. This tool is also beneficial in acquiring lands that are incompatible with surrounding land uses, and that may be better located elsewhere in the community.

e)

Property Standards By-law The enforcement of a maintenance and occupancy (Property Standards) By-law is important in encouraging private property owners to maintain and improve their property to the level deemed appropriate by the Town.

f)

Business Improvements Associations and Cottage Associations Business Improvement Associations and Cottage Associations and the appointment of boards of management provide specific communities in an improvement area with a means of instituting its own community improvements. The Town will seek partnerships with these associations and the business community to ensure that the projects initiated by each group are co-ordinated and complement each other.

g)

Capital Budgets The five year capital budget allows the Town to forecast its needs and priorities over a five year period. This provides an opportunity to co-ordinate projects and to allocate funds to projects that can provide for optimum improvement of the Community. It provides as well the opportunity for more efficient use of public funds in the urban environment.

h)

Modification of Zoning Regulations In particular areas, zoning provisions can be used to develop a character, to encourage private infill development that would add to the tax base of the community while protecting and improving the existing development. Temporary Use By-laws, provisions for Holding By-laws and bonusing provisions can all be used to achieve stated objectives.

i)

Site Plan Control

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Site plan control can be an effective tool in encouraging and requiring private development to meet certain municipal objectives (e.g. streetscape improvements, better property access, naturalization, etc.). j)

Community Groups Working with community groups may provide a variety of means of expanding and maintaining a range of public facilities.

k)

Heritage Committee The local Heritage Committee can play an active role in defining a character in which redevelopment activities occur. With the advice of the Committee, Council may identify sites and areas that may be redeveloped with a particular emphasis on heritage preservation in the Community.

K7K6.5

CO-ORDINATION OF IMPROVEMENT COMMUNITY IMPROVEMENT PLANS

a)K6.5.1

In order to ensure the proper co-ordination and development of public works, notification of proposed improvements shall be provided to the appropriate public agencies and any required approvals secured prior to affected works proceeds.Existing Community Improvement Plans approved by the Town remain in effect.

K8K7

HERITAGE CONSERVATION DISTRICT

K7.1

Council will consider the designation of portions of the Gravenhurst Urban Area as a Heritage Conservation District under the provisions of the Heritage Act. The purpose for this designation is to protect buildings and other features that together reflect the history and culture of the Town of Gravenhurst and to provide mechanisms to identify, conserve and enhance buildings, lands and features of historical or architectural significance.

K7.2

A Heritage Conservation District designation may be used in conjunction with a Community Improvement Plan to provide incentives to property owners to conserve and enhance lands and buildings

K9K8

DEVELOPMENT PERMIT SYSTEM

K8.1

The Planning Act permits the Province to pass a regulation to establish a Development Permit System that a municipality may adopt by By-law in order to control land use development in the Municipality.

K8.2

The Development Permit System generally replaces the various planning tools under Part V of the Act (Zoning By-law, Minor Variances, and Site Plan Control) with a single approval process. The main objectives of a Development Permit System are to create a quick and efficient approval

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ACTIVITIES

EXISTING

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process that combines all elements of the three systems into one approval and by offering additional planning tools to protect the natural environment and to address neighbourhood character.

K8.3

The Town may consider the establishment of a Development Permit System for the Municipality. An Amendment to this Plan will be required to establish a Development Permit System, and a public meeting shall be held to consider a By-law authorized by the Planning Act to establish a Development Permit System.

K10

SECONDARY PLANS â&#x20AC;&#x201C; RELOCATED TO SECTION K2.3

Secondary Plans may be prepared or required for specific areas of the Town or in relation to a development application where it is considered necessary to provide more detailed planning objectives and policies for development of a specific area of the Municipality. Secondary Plans may be prepared for established, partially developed or undeveloped areas within the Gravenhurst Urban Centre, designated Community Areas or lakes where a Lake Plan has been prepared in the form of a Secondary Plan.

Secondary Plans may be incorporated into this Official Plan by Amendment or may be adopted as a separate document that conforms to the Official Plan but details specific planning objectives and policies for the defined area. Secondary Plans shall be the subject to the same administrative and public involvement procedures as required for an Official Plan Amendment.

Secondary Plans may include some or all of the following as deemed necessary by Council: a)

land use structure, density, and design;

b)

transportation;

c)

environmental protection, enhancement, and management;

d)

heritage/archaeological potential;

e)

storm water management;

f)

servicing strategy;

g)

integration and compatibility of the Secondary Plan area with the adjacent uses; and,

h)

other relevant issues as deemed required by Council.

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A Secondary Plan may be required by Council where an expansion to the Gravenhurst Urban Centre or Community Area is warranted, where a major development is proposed that would significantly impact the community, or where the basic assumptions and policies of this Plan need to be revised.

Secondary Plan Schedules shall be incorporated into this Plan as 'D' series Schedules.

K11K10

PROPERTY STANDARDS BY-LAWS NOTE: THE TOWN HAS A PROPERTY STANDARDS BY-LAW AND POLICIES ARE NOT REQUIRED IN THE OFFICIAL PLAN

K10.1

Council may enact a Property Standards By-law in accordance with the Ontario Building Code Act, regarding minimum standards for the following: a)

the physical condition of buildings and structures;

b)

the physical condition of lands;

c)

the adequacy of sanitation; and,

d)

the fitness of buildings and structures for occupancy.

K10.2

The By-law may require that substandard properties be repaired and maintained to comply with the standards, prohibit the use of substandard property, and require the demolition and clearing of such property which the owner does not intend to repair and maintain. Upon passing a Property Standards By-law, Council shall appoint a Property Standards Officer who will be responsible for administering and enforcing the By-law.

K11.110.3

PROPERTY STANDARDS COMMITTEE

K10.3.1

Council may also appoint a Property Standards Committee, in accordance with the Ontario Building Code Act, for the purpose of hearing appeals against an order issued by the Property Standards Officer.

K12K11

TREE CUTTING BY-LAW AND REPLACEMENTNOTE: THE TOWN HAS A TREE CUTTING BY-LAW AND POLICIES ARE NOT REQUIRED IN THE OFFICIAL PLAN

K11.1

Council may enact a Tree Cutting By-law in accordance with the Municipal Act, and the By-law may include the following: a)

the area or areas of the Municipality where tree cutting control will be applied;

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b)

the restrictions and regulations on the cutting of trees within the defined area(s);

c)

the requirements for obtaining a permit to cut trees within the defined area(s);

d)

the exemptions from having to obtain a permit in the tree cutting control areas; and,

e)

the administrative requirements of the By-law, including fees, forms, and fines.

K11.2

A Tree Cutting By-law may be used in conjunction with other planning tools to ensure that shoreline vegetation and buffers are maintained in the Waterfront Areas. To preserve the mature white pine trees in the Highway 11 Commercial Area, and to protect the character of the Gravenhurst Urban Centre and Community Areas.

K11.3

The Town may establish a tree replacement by-law that would require the replacement of the same aggregate stem thickness of trees removed in the same location or another defined location of the Town as a condition of permitting trees to be removed.

K11.4

A Tree Cutting By-law shall not prevent the harvesting of trees under the supervision of a qualified forester or cutting trees outside of the specified areas.

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K13

AGGREGATE OPERATIONS BY-LAW PROVISIONS NO LONGER REQUIRED SINCE AGGREGATE OPERATIONS ARE COVERED BY THE AGGREGATE RESOURCES ACT.

Council may enact a by-law in accordance with applicable legislation, and the policies of this Plan.

K14K12

ADULT ENTERTAINMENT ESTABLISHMENTS NOT REQUIRED IN THE OFFICIAL PLAN

K12.1

The following provides specific policy guidance with respect to adult entertainment establishments.

K12.2

Adult entertainment parlours and body rub parlours are restricted to areas that are designated and zoned for industrial purposes.

K12.3

Both adult entertainment parlours and body rub parlours are required to be set back a minimum of 100.0 metres from a freeway, major arterial, or collector road right-of-way. Notwithstanding these setbacks, both uses are required to be set back a minimum of 300.0 metres from any institutional or residential zone boundary and from a residential dwelling and a school.

K12.4

Adult entertainment parlours are not permitted to be located on a lot in conjunction with any other use. Body rub parlours are only permitted within a multiple unit building in order to minimize the visual impact of such a use.

Body rub parlours are permitted to only occupy less than 15 percent of the floor area of the multiple unit building. a)

The establishment of adult entertainment parlours shall be permitted through an Amendment to the Zoning By-law, provided a minimum separation distance of 500.0 metres between parlours is maintained.

b)

Body rub parlours shall be permitted through an Amendment to the Zoning By-law, provided a minimum separation distance of 500.0 metres between body rub parlours is maintained.

c)

Adult video stores and adult specialty stores shall be permitted as of right in specified Commercial zones, excepting the Community Area Commercial zones, identified in the implementing Zoning Bylaw.

d)

The implementing Zoning By-law shall contain specific provisions regarding adult entertainment parlours, body rub parlours, adult specialty store and adult video outlets. Performance standards for each type of use are also to be contained within the By-law. The

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By-law will also require that such uses be separated an appropriate distance from each other.

K15K13

SITE ALTERATION BY-LAW NOTE: THE TOWN HAS A TREE CUTTING BY-LAW AND POLICIES ARE NOT REQUIRED IN THE OFFICIAL PLAN Council may enact a Site Alteration By-law in accordance with the Municipal Act, to regulate the placement or removal of fill, blasting of bedrock or alteration of land that may disrupt natural vegetation and such by-law may include the following:

a) b) c) d) e)

K17

the area or areas of the municipality where site alteration will be permitted; the restrictions and regulations on the site alteration within the defined area(s); the requirements for obtaining a permit for site alteration within the defined area(s); the exemptions from having to obtain a permit for site alteration; and, the administrative requirements of the By-law, including fees, forms, and fines.

NON-COMPLYING BUILDINGS, STRUCTURES OR LOTS A non-complying building, structure or lot is one that does not comply with the regulations and performance standards of the implementing Zoning Bylaw.

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation: a)

does not further increase a situation of non-compliance;

b)

complies with all other applicable provisions of this Plan and the implementing Zoning By-law;

c)

does not increase the amount of floor area in a required yard or setback area; and,

d)

will not pose a threat to public health or safety.

The implementing Zoning By-law shall contain specific provisions regarding the enlargement, repair or renovation of non-complying structures in Waterfront Areas. Performance standards for the enlargement, repair or renovation of non-complying structures in Waterfront Areas shall be contained within the By-law and may contain standards respecting maximum width of the addition, maximum size of the dwelling or structure, maximum height, and other relevant standards.

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A non-complying lot in existence prior to the effective date of the implementing Zoning By-law that does not meet the lot area and/or lot frontage requirements contained within the implementing Zoning By-law, may be used and buildings thereon may be erected for a purpose permitted by this Plan.

Non-complying buildings may be enlarged, repaired or renovated provided the use conforms with the applicable policies of this Plan and the implementing Zoning By-law, and the buildings or structures comply with all of the other provisions of the implementing Zoning By-law.

K18

AMENDMENTS SECTION K2

TO

THE

PLAN

â&#x20AC;&#x201C;

RELOCATED

TO

It is the intent of this Plan to serve as the basis for managing change in the Town for the next 20 years. As a result, this Plan identifies enough land for residential, commercial and industrial uses to last until the year 2026.

It is the intent of the Town that this Plan should only be amended when the policies of this Plan have been found not to address issues or alternatively, issues have been raised with respect to site-specific proposals that must be addressed in a comprehensive manner. However, where Amendments are contemplated by this Plan, they shall be considered by Council.

Council may eliminate notice to the public and a public meeting for a minor Official Plan Amendment that does the following: a)

changes the numbers of sections or the order of sections in the Plan, but does not add or delete sections;

b)

consolidates previously approved Official Plan Amendments in a new document without altering any approved policies or maps;

c)

corrects grammatical or typographical errors in the Plan that do not affect the intent or affect the policies or maps;

d)

rewords policies or re-illustrates mapping to clarify the intent and purpose of the Plan or make it easier to understand without affecting the intent or purpose of the policies or maps; and,

e)

translates measurements to different units of measure or changes reference to legislation where the legislation has changed.

In all other instances, notification to the residents of the Town of public meetings held by Council shall be given in accordance with the procedures of The Planning Act and this Plan.

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K19K9

PUBLIC NOTICE AND ALTERNATIVE PROCEDURES

K9.1

Council may eliminate notice to the public and a public meeting for a minor Official Plan Amendment or Zoning By-law Amendment that does the following: a)

changes the numbers of Sections or the order of Sections in the Plan or By-law, but does not add or delete sections;

b)

consolidates previously approved Official Plan or By-law Amendments in a new document without altering any approved policies or maps;

c)

corrects grammatical or typographical errors in the Plan or By-law which do not affect the intent or affect the policies or maps;

d)

rewords policies or re-illustrates mapping to clarify the intent and purpose of the Plan or make it easier to understand without affecting the intent or purpose of the policies or maps; and,

e)

translates measurements to different units of measure or changes reference to legislation or changes to legislation where the legislation has changed.

K9.2

In all other instances, notification to the residents of the Town of public meetings held by Council shall be given in accordance with the procedures of the Planning Act.

K9.3

Where Council holds an additional public meeting on a proposed Official Plan or Zoning By-law Amendment the notice for such meeting shall be given not less than 10 days prior to the holding of the meeting.

K10

ALTERNATIVE NOTICE PROCEDURES

K10.1

In order to ensure that the public is given the greatest opportunity to participate in the local planning approval process and in order to ensure the Council is provided sufficient time to make informed decisions, the following alternative procedures are hereby established: a)

all applications for new commercial or industrial uses, shall be circulated to property owners within 400.0 metres of the subject lands and to the affected cottage owners or Lake Association;

b)

all notices for public meetings under the Planning Act will be posted on the Townâ&#x20AC;&#x2122;s website;

c)

the District of Muskoka is encouraged to comply with the notice provisions listed in Section a) above for both Plans of Condominium and Plans of Subdivision.

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K11

MERGED LOTS

K11.1

Where abutting lots have previously existed as conveyable parcels and have inadvertently merged in title under applicable sections of the Planning Act, and the lots will not meet current standards, in general the recreation of the original lots will be discouraged but may be considered provided that: a)

the property has not been purchased as one parcel;

b)

evidence is produced which indicated that the lots were previously registered separately;

c)

the minimum lot requirements cannot be achieved through other methods;

d)

the recreation of the parcel would not be in conflict with the environmental policies of the plan, particularly those respecting water quality;

e)

the proposed lots can properly accommodate development;

f)

there is safe and adequate access to the proposed lots; and,

g)

the proposed lots and uses are compatible with the surrounding lots and uses.

K21K12

EXCEPTION TO LOT SIZES

K12.1

Exceptions to minimum lot size requirements may be considered by the Town where more than one primary, free-standing, substantive and structurally sound building legally exist, and provided the general intent and policies of the Plan are respected.

K22

ALTERNATIVE NOTICE PROCEDURES

In order to ensure that the public is given the greatest opportunity to participate in the local planning approval process and in order to ensure the Council is provided sufficient time to make informed decisions, the following alternative procedures are hereby established: a)

all applications for new commercial or industrial uses, shall be circulated to property owners within 400.0 metres of the subject lands and to the affected cottage owners or Lake Association;

b)

all notices for public meetings under the Planning Act will be posted on the Townâ&#x20AC;&#x2122;s website;

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c)

the District of Muskoka is shall be encourage to comply with the notice provisions listed in Section a) above for both Plans of Condominium and Plans of Subdivision.

K23K13

BOUNDARIES

K13.1

The boundaries between land uses designated on the Schedules to this Plan are approximate except where they meet with roads, railway lines, rivers, pipeline routes, transmission lines, lot lines or other clearly defined physical features and in these cases are not open to flexible interpretation.

Where the general intent of the document is maintained, minor adjustments to boundaries will not require Amendment to this Plan.

K13.2

It is recognized that the boundaries of the Natural Heritage Area designation may be imprecise and subject to change. The Town shall determine the extent of the environmental areas on a site-by-site basis when considering development proposals, in consultation with the appropriate agencies. Any minor refinement to the Natural Heritage Area designation shall not require an Amendment to this Plan.

K13.3

Where a lot is within more than one designation on the Schedules to this Plan, each portion of the lot shall be used in accordance with the applicable policies of that designation.

K13.4

The Provisions of Section D1 shall apply to the boundary of the Waterfront Area designation.

K24K14

DEFINITIONS

K14.1

For the purpose of interpretation of this Plan, the definitions in the Planning Act, the Provincial Policy Statement 201405, and other applicable legislation shall apply. In all other instances terms shall be defined in accordance with common usage and if necessary, reference to the Zoning By-law that implements this Plan.

K25

OFFICIAL PLAN REVIEW PROCESS MOVE TO K2

The Plan shall be reviewed at least once within five years of its approval by Council. Should economic or social changes occur which necessitate an earlier review, Council may direct such a review to be undertaken. In addition, Council shall monitor population projections and growth on an annual basis after the sewage treatment facility is expanded. Where growth exceeds the projection outlined in this Plan, Council shall direct a review of this Plan.

The review of the Official Plan shall include a significant public consultation process in addition to the minimum requirements of the Planning Act. Town of Gravenhurst Official Plan DRAFT Official Plan 2016

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K26K15

MONITORING

K15.1

Following adoption of this Plan, the Clerk shall prepare an annual report outlining how the Plan is being implemented. This report shall include: i)

the number of lots created in each land use designation;

ii)

the proportion of lots created in the Gravenhurst Urban Centre, in relation to the Rural Area and Waterfront Area;

iii)

the number of building permits issued for residential, industrial, institutional and commercial buildings;

iv)

a summary of applications for rezoning;

v)

a summary of applications to Amendment to this Plan;

vi)

an assessment of the remaining capacity in the sewage treatment plant and water supply system; and,

vii)

a summary of major capital costs related to development and the financial impact to the Town.

In addition, the report shall outline policy and mapping interpretation issues that may have arisen through the implementation of the Plan.

K27K16

PUBLIC USES

K16.1

Small-scale public uses shall be permitted in all designations.

K28K17

APPLICATIONS IN PROGRESS

K17.1

Subject to the applicable provisions of the Planning Act, Section K29K24, any matter or proceeding mentioned in subsection K29 K24 that was commenced before this plan comes into force shall be continued and disposed of under the Town Official Plan as it read on the day the matter or proceeding was commenced.

K17.2

For the purposes of this section, a matter of proceeding shall be deemed to have been commenced, in the case of, a)

an Official Plan or an amendment to it or a repeal of it, on the day the by-law adopting the plan is passed;

b)

an application for an Official Plan amendment initiated by any person or public body, on the day the application was accepted, whether or not the Official Plan Amendment is adopted;

c)

a zoning by-law or an amendment to it, on the day the by-law is passed;

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d)

an application for an amendment to a zoning by-law that has been refused or has not been decided before the day this plan comes into force, on the day the application is made;

e)

development in a site plan control area, on the day the application for approval of a site plan is made;

f)

an application for a minor variance on the day the application is made;

g)

an application for the approval of a plan of subdivision, on the day the application is made; and,

h)

an application for consent, on the day the application is made.

K29K18

PORTIONS OF THE PLAN COMING INTO EFFECT

K18.1

It is acknowledged that in accordance with Section 17 of the Planning Act, this plan may come into effect in portions. Notwithstanding anything to the contrary, where an application described in Section K28 K17 is received after a portion of this plan has come into effect, the portions in effect shall apply.

K30

OFFICIAL PLAN AMENDMENT NO. 30

It is acknowledged that Gravenhurst Official Plan Amendment No. 30 is presently in progress. Notwithstanding anything to the contrary, the provisions of Gravenhurst Official Plan Amendment No. 30 shall, if and when finally approved, form part of this plan..

K31K19

LEGISLATION

K19.1

Where this Plan makes reference to legislation it is intended to reflect the most current legislation in effect at the time.

K?20

COMPLETE APPLICATIONS REQUIREMENTS

K20.1

Pre-consultation between the applicant and the Town is required prior to the submission of an application for an official plan amendment, zoning by-law amendment, minor variance application, draft plan of subdivision, draft plan of condominium, consent or site plan approval unless the Planning Department determines that pre-consultation is not necessary based on the scale of development or the complexity of planning issues associated with the proposed application.

K20.2

Pre-consultation will assist in determining what is required to be submitted for a complete application and will provide the opportunity to discuss the

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nature of the application; development and planning issues; the need for additional information and/or reports to be submitted with the application; and the planning and approval process including the appropriateness of concurrent applications, where applicable. Pre-consultation may also involve the District of Muskoka or other agencies that may have an interest in the application as determined by the Town.

K20.3

A by-law will be approved by the Town requiring pre-consultation. Preconsultation will be considered a requirement for the submission of a complete application.

K20.4

The Director of Development Services or their designate will be responsible for determining whether a planning application is complete. If an application is submitted without pre-consultation, adequate supporting information and/or reports, the application may be deemed to be incomplete and processing may not proceed.

K20.5

When considering a development / redevelopment of land requiring an application under the Planning Act, the Town may require the following information / studies as part of a complete application package: a) b) c) d) e) f)

Completed application form, including all necessary fees and deposits; Copies of the necessary plan or sketch, to scale, as prepared by a licensed professional where required; Evidence of ownership; Survey of the property, including legal description; Other agency approvals, where required; All necessary reports/studies/plans as discussed in your preconsultation meeting with the Municipality.

Such reports/studies/plans may include:              

Planning Justification Report Stormwater management Sediment control Road / traffic impact Solid waste Parks / recreation impact Social service impact Fire protection Boating impact Biophysical concerns Functional Servicing Report Market Feasibility Analysis Impact on Municipal Infrastructure Hydrogeological implications

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          

Municipal financial implications Economic spinoffs Environmental Impact Study Archaeological Assessment Lighting Plan Architectural Design Drawings Landscape Plans Renaturalization Plans Remedial Action Plans Water Quality Impact Assessments All necessary securities for matters of public interest

K?21

PARKLAND DEDICATION

K21.1

Whenever development or redevelopment of land is proposed for commercial or industrial purposes up to a maximum of two (2) per cent of such land will be conveyed to the Town for park or other public recreational purposes. For all other forms of development or redevelopment, the Town will, as a condition of approval, require that up to five (5) per cent of such lands be conveyed to the Town for park or other public recreational purposes.

K21.2

In the case of redevelopment, when determining the required parkland dedication or cash-in-lieu of parkland, an appropriate allowance will be made for previously proven dedicated land or cash for the site.

K21.3

The Town, may require the developer to convey cash-in-lieu of parkland.

The cash value of such lands will be equal to the required amount of land dedication and will be determined by an appraisal authorized by the Town.

The value of the lands will be determined in accordance with the provisions of the Planning Act.

K21.4

The location of land to be dedicated for parkland and the physical condition of the parkland will be to the satisfaction of the Town and will be based on the following considerations, where applicable: a)

Securing and consolidating waterfront public open space;

b)

Linking and consolidating parks to provide for a continuous system of open space, including the establishment of multi-use trails;

c)

Encouraging the location of parkland facilities in conjunction with other community facilities; and

d)

Locating facilities that have the potential for recreational amenity or aesthetic value in association with natural or cultural heritage features.

Town of Gravenhurst Official Plan DRAFT Official Plan 2016

K-29 DRAFT for Public Review July 26, 2016

K21.5

Parkland will be suitably graded and developed in accordance with the requirements of the Town. The Town will not accept hazard lands, wetlands, or flood and fill regulated areas as parkland.

K21.6

The Town may develop a parks plan as contemplated in Section 42(4.1) of the Planning Act, prior to considering use of alternative parkland dedication requirements in Sections 42(3) and (4).

K?22

DARK SKY FRIENDLY LIGHTING & DESIGN

K22.1

Dark sky lighting policies shall be implemented by By-law and will apply to all development, including residential, commercial, industrial and institutional uses, and are implement through Site Plan Control.

K22.2

New and existing development is encouraged to provide exterior lighting that avoids light trespass, and does not impose glare on neighbouring properties. In all cases, lighting must be designed to direct downwards rather than outwards.

K22.3

Exterior lighting shall not interfere with water navigation.

K22.4

The intensity of light on both existing and new development should be reduced where possible to minimize the impact on surrounding properties.

Exterior floodlights are not permitted.

K22.5

Full cut-off dark sky compliant lighting will be required for all new development and, where appropriate, redevelopment. Low level lighting is encouraged.

K22.6

In the case of major development, a detailed lighting plan will be required.

K?23

MUNICIPAL INITIATIVES

K?23.1

DOWNTOWN REVITALIZATION

K23.1.1

The Town may consider implementing an Architectural Control By-law within the Downtown Community Improvement Plan area.

K23.1.2

The Town may consider implementing a Sign By-law to regulate signage in the Town, particularly in the Downtown Community Improvement Plan Area.

K?23.2

PARKS AND URBAN FORESTRY

K23.2.1

The Town may update its Parks and Recreation Master Plan to ensure safe and accessible parks and recreation facilities, including natural areas and trails, are available to all residents regardless of age, physical ability and financial means.

Town of Gravenhurst Official Plan DRAFT Official Plan 2016

K-30 DRAFT for Public Review July 26, 2016

K23.2.2

The Town may consider the development of an urban forestry plan and associated implementation program to increase the health of the urban forest and expand the tree canopy throughout the community.

K?23.3

ACCESSIBILITY

K23.3.1

The Town will undertake a review of development standards associated with improving and providing accessibility in accordance with the Accessibility for Ontarians with Disabilities Act.

Town of Gravenhurst Official Plan DRAFT Official Plan 2016

K-31 DRAFT for Public Review July 26, 2016