Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 25, 2024

CASE NO(S).: OLT-22-004333

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 225311 Ontario Inc.

Appellant: TRG-KFH (Lakeside) Inc.

Subject: Proposed Official Plan Amendment

Description: to adopt OPA 49 - Resort Village of Minett

Reference Number: Official Plan Amendment 49

Property Address: 1050 Paigton House Road (Resort Village of Minett)

Municipality/UT: Muskoka Lakes/Muskoka

OLT Case No: OLT-22-004333

OLT Lead Case No: OLT-22-004333

OLT Case Name: TRG-KFH (Lakeside) Inc. v. District Municipality of Muskoka

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Proposed Official Plan Amendment

Description: to adopt OPA 56 - Resort Village of Minett

Reference Number: Official Plan Amendment 56

Property Address: 1050 Paignton House Road (Resort Village of Minett)

Municipality/UT: Muskoka Lakes/Muskoka

OLT Case No: OLT-22-004334

OLT Lead Case No: OLT-22-004333

Heard: May 15, 2024 via Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

225311 Ontario Inc. and TRGKFH (Lakeside) Inc.

Leo Longo

Township of Muskoka Lakes

Edward Veldboom

District of Muskoka

Jamie Clow

2084311 Ontario Limited

David Bronskill

Friends of Muskoka

Ken Pearce*

DECISION DELIVERED ON BY S. DEBOER AND INTERIM ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal was the appeal by 225311 Ontario Inc. (“JWM”) and TRGKFH (Lakeside) Inc. (“TRGKFH”) (“Appellants”) under s. 17(24) of The Planning Act due to the District of Muskoka’s (“District”) approval of Official Plan Amendment 49 (“OPA 49”) and the Township of Muskoka Lakes’ approval of Official Plan Amendment 56 (“OPA 56”). Both OPAs are focused on the Resort Village of Minett.

2The purpose of OPA 49 is to revise and update the boundary of the Minett Special Policy Area to include references to servicing and other sections of the Official Plan of the District (“OPD”). Other functions of OPA 49 are to establish the long-term role of the Minett Resort Village in the overall context of growth and development in the District and Township. OPA 49 is proposed to include what areas of the village are targeted to receive full municipal services in the future.

3The purpose of OPA 56 is to amend the Township’s Official Plan (“TOP”) to:

a) Revise the Resort Village designation with associated land use, environmental, transportation, servicing and other policies for Minett;

b) Permit a variety of densities and land uses;

c) Establish the long-term role and function of the Minett Resort Village in the context of overall growth and development in the Township and District;

d) Establish clear policy direction based on Council's vision on the nature, scale and location of the full development of the Minett Resort Village;

e) Replace Section C1 – Resort Village Policies of the current Official Plan;

f) Remove Schedules “J1, “J1A” and “J1B”; and,

g) Insert Schedules “A”, “B”, “C”, and “D” attached to the Amendment.

THE HEARING

4Prior to the commencement of the Hearing, the Tribunal was made aware by the Parties that there was one issue that was remaining to be determined by the Tribunal. The Parties, on consent, presented both OPA 49 and OPA 56 to the Tribunal in a new form to be approved by the Tribunal, minus the one issue that remained to be determined concerning OPA 56. The Tribunal notes that the issue to be determined is only being appealed by JWM and that the other Appellant – TRGKFH – does not have any issues with the newly proposed version of OPA 49 and OPA 56. The one issue remaining for JWM is site specific to their lands and the determinacy of this issue by the Tribunal does not duly affect – or is not interlocutory – to the remaining items before the Tribunal concerning the approval of OPA 49 and OPA 56. As such, the Tribunal with review the evidence presented concerning JWM’s issue separately in this decision.

Exhibits

5The Tribunal marked the following as Exhibits to the Hearing:

Exhibit 1: Joint Document Book

Exhibit 2: Tab 33 of Joint Document Book

Exhibit 3: OPA 49 Settlement Document

Exhibit 4: OPA 56 Settlement Document

Witnesses

6The following persons were presented as witnesses to the Hearing. All the witnesses were qualified to give expert opinion evidence in the area of land use planning. Stefan Szczerbak was presented by the Appellant, Nick McDonald was presented by the Township, and Stephen Albanese was presented by 2084311 Ontario Limited

OPA 49 and OPA 56

7Nick McDonald was presented on consent of the Parties to provide expert opinion evidence concerning the revised OPAs.

8Mr. McDonald presented and reviewed both OPA 49 and OPA 56 with the Tribunal. In his evidence-in-chief and oral testimony concerning both OPA 49 and OPA 56, it was his opinion that the changes agreed upon by the Parties are consistent with the PPS and are appropriate changes that conform with the DOP and the TOP.

9Mr. McDonald opined that the revisions made to both of the OPAs have taken into consideration the opinions of the Parties and their concerns pertaining to the OPAs. The revisions will allow the Village of Minett to manage growth in a controlled fashion and represent good land use planning and are in the public interest. All of the Parties are in agreement that the revisions to both of the OPAs are appropriate, and the Tribunal should approve OPA 49 in the form presented to the Tribunal.

Issue to be Determined by the Tribunal

OPA 56 – Should the RC3 lands allow for a maximum of 30% or 50% of Resort-Related Dwelling Units?

10Mr. Szczerbak provided evidence concerning the issue to be determined. It was Mr. Szczerbak’s opinion that the previous version of the TOP allowed for a residential component of a resort facility (now referred to as a RRRDU) to not exceed 50% once municipal services have been provided to the JWM lands. Mr. Szczerbak opined that this 50% maximum component was an “as-of-right” of the property owner and should not be reduced to the proposed 30% on the Appellant’s lands in OPA 56.

11It was Mr. Szczerbak’s opinion that there was not any information presented in the form of a planning justification report to back up the proposed changes and amendments that were adopted in OPA 56.

12It was Mr. Szczerbak’s opinion that JWM did not receive ample opportunities to provide input and be involved with specifically the OPA process. Mr. Szczerbak opined that the 50% RRRDUs should remain as the Village of Minett is within a Settlement Area as per the PPS and that the 50% permission is not to be exceeded in any Urban Centre.

13Mr. McDonald gave opinion that OPA 56 has now given more thorough definitions to the Village of Minett. Where there used to be only “Residential Units” and “Commercial Accommodation Units” there are now three types of units: “Resort Commercial Accommodation Units”, the RRRDUs, and “Residential Dwelling Unit”. It was his opinion that these new categories of units do not and cannot carry the 50% permissions being sought as this is a new type of unit that is being described in OPA 56.

14It was Mr. McDonald’s opinion that the process resulting in OPA 49 and OPA 56 was a fulsome process that took many years to complete. Much input was taken into consideration from all stakeholders to finalize the OPAs. This process included many public meetings and various draft versions of the OPAs were completed before the final versions of the OPAs were presented for approval. Mr. McDonald noted that previous versions of the OPAs (specifically OPA 56) did not have any permissions for RRRDUs and through further consolations with the stakeholders in the RC lands, that the committee agreed upon a 30% permission allowance for RRRDUs.

15Mr. McDonald gave opinion that this 30% designation allows for a consistency throughout all of the Village Core (VC) and RC lands. It was his opinion that allowing for a higher permission for the RC3 lands would be contrary to the intent of OPA 56 and should not be allowed.

16Mr. McDonalds opined that this permission concerning the RRRDUs only comes into effect when municipal services have become available to the Village of Minett.

17Mr. Albanese provided evidence that was in agreement with Mr. McDonald. Mr. Albanese opined that he was thoroughly involved with the Committee and providing feedback concerning his client’s interests in the different versions of the OPAs as they were presented. Mr. Albanese did confirm that the previous version of OPA 56 did not have any permissions for RRRDUs at all. It was only through input from stakeholders – including his client and others – that the number of 30% for RRRDUs be put into the final form of OPA 56.

FINDINGS AND ANALYSIS

18In forming a decision on this matter, the Tribunal must analyze the evidence presented before it, the oral testimony of the witnesses and must have regard to the decision and the materials presented before Council when their final decision was made on the Applications.

19Through the expert opinion testimony of Mr. McDonald, on consent of the Parties, the Tribunal finds that OPA 49 and OPA 56 are a matter of provincial interest as stated in s. 2 of the Planning Act.

20The Tribunal finds that the materials presented before the Tribunal concerning OPA 49 and OPA 56 have demonstrated that an open public process has taken place. The Minett Joint Review Steering Committee was made up of members of council, planning staff and members of the public. The Tribunal finds that a fulsome and public consultation process had taken place with said committee and many different versions of the OPAs had been brought forth before the final form was presented to District of Muskoka Council and the Township of Muskoka Lakes for approval on July 18, 2022. The Tribunal notes that the Appellant had provided letters and context pertaining to the OPAs as to their concerns to the proposed changes – specifically the issue concerning the proposed RRRDU permitted reductions from their claimed “as of right” 50% to the approved 30%.

21As for the Appellant’s claim that there was not any planning justification presented to justify the newly approved 30% for the RRRDUs, the Tribunal finds that this a claim of the Appellant ‘having your cake and eating it too’. The Tribunal finds that the Appellant has ‘cherry picked’ this one item to try to demonstrate to the Tribunal that there was not any planning justification, yet the Appellant was satisfied with the rest of the results of OPA 49 and OPA 56. The Tribunal finds that this is not a plausible claim. If the Appellant were to argue there was not any planning justification to the whole of OPA 49 and OPA 56, then and theoretically only then, there could have been an opportunity for the Tribunal to explore the planning justification claim further. However, using this one item as not having planning justification and being satisfied with the rest of OPA 49 and OPA 56 in their presented context is not a justifiable response in the Tribunal’s view.

22The Appellant tried to demonstrate that they did not receive ample opportunities to provide input concerning the OPAs. The Tribunal finds that the Appellant had many opportunities to provide input into the OPA process. The Tribunal can confirm through their land planning expert that the Appellant wrote many letters throughout the process and was involved, in some form, in the OPA process.

23The Tribunal can confirm that the original draft OPAs did not have any permissions for RRRDUs, and through the revision process, which included input from all stakeholders involved – including the Appellant – that a permission of 30% for RRRDUs was applied to the approved versions of the OPAs.

24The Tribunal states that Official Plans – in a general context – are not static in nature. The purpose of an Official Plan is to provide all stakeholders with a framework of a municipality’s land use policies, plans and vision. An Official Plan has an effective start and end date. New and updated Official Plans and Official Plan Amendments take into consideration inter alia updated provincial plans, provincial legislation, local municipal concerns and how local development is being implemented. The Tribunal finds that the Appellant’s claim that the 50% permission in the old OPA is ‘entrenched’ or is an ‘as-of-right’ is not a valid argument. As Official Plans evolve, so do the allowances of what can occur on any designated lands. The District and the Township have taken into consideration the views of the Appellant and taken a wholistic approach to the lands within the Village of Minett so that the Village remains a tourist destination first, while at the same time, balancing the need for more home dwelling units.

25The Tribunal agrees that the Appellant may not be satisfied with the result of this specific regulation in OPA 56, however, the Tribunal finds that OPA 56 has a goal of keeping the Village as a tourist destination, and not a residential destination. The District and Township have given due regard in preserving the Village of Minett as a “Tourist First” area.

26Throughout the process of this Appeal, all issues were resolved but the issue concerning RRRDUs permissions for the JWM lands. It must be noted that the permissions concerning RRRDUs only comes into effect for any of the VC or RC lands once municipal services have been installed on the said lands.

27The Tribunal asked the Township and District about the availability of these services and the Parties were not able to give an answer as to a timeline that these services would become available in the Village of Minett.

28Since the municipal services are not being completed in the near future, the Tribunal is satisfied that the Village of Minett remains as a Settlement Area as per the PPS and cannot achieve the status of an Urban Area as defined in the DOP until these municipal services have been provided and established within the Village of Minett.

29The Tribunal finds that when these services have been completed, then and only then can the RRRDU permissions take effect on any of the VC or RC lands. If these services were already in place and the RRRDU permissions were in effect at the time of the new OPA 56, only then could the Tribunal rule on any validity to the Appellant’s claims to the “as-of-right” position. However, since these permissions are not in effect due to the lack of municipal services, it is the Tribunal’s finding that this “as-of-right” opinion has no validity.

30It is unfortunate that the Parties could not come to an agreement on this final issue and that both sides remained steadfast on their positions.

31However, based on the evidence provided, the Tribunal finds that OPA 49 and OPA 56 as presented to the Tribunal should be approved in principle and that the 30% proposed within OPA 56 concerning the RC3 lands should remain. The Tribunal shall issue a final order approving OPA 49 and OPA 56 in a form that includes the 30% permissions for the RRRDUs (specifically the 30% permission in OPA 56) in all of the VC and RC lands, including that of the Appellant.

INTERIM ORDER

32THE TRIBUNAL ORDERS THAT the appeal is dismissed, and Official Plan Amendment 49 of the District of Muskoka is approved on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [33] below, and Official Plan Amendment 49 of the District of Muskoka set out in Attachment 1 to this Interim Order, is hereby approved in principle.

33The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the Solicitor of the District of Muskoka of the following pre-requisite matters:

a. The Tribunal has received, and approved, the District of Muskoka Official Plan Amendment 49 submitted in a final form, confirmed to be satisfactory to the Chief Planner and Executive Director, District Planning and District Solicitor.

34THE TRIBUNAL ORDERS THAT the appeal is dismissed, and Official Plan Amendment 56 of the Township of Muskoka Lakes is approved on an interim basis, including the RRRDU permission of 30% or all of the VC and RC lands, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [35] below, and Official Plan Amendment 56 of the Township of Muskoka Lakes set out in Attachment 2 to this Interim Order, is hereby approved in principle.

35The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the Solicitor of the Township of Muskoka Lakes of the following pre-requisite matters:

a. The Tribunal has received, and approved, the Township of Muskoka Lakes Official Plan Amendment 56 submitted in a final form, confirmed to be satisfactory to the Chief Planner and Executive Director, Township Planning and Township Solicitor.

36The Tribunal Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendments and the issuance of the Final Order.

37If the Parties do not submit the final drafts of the Official Plan Amendments, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraphs [32-35] above have been satisfied, and do not request the issuance of the Final Order, by Tuesday, September 10, 2024, the Appellant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendments and issuance of the Final Order by the Tribunal.

38The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instrument(s), the satisfaction of the contingent prerequisites and the issuance of the Final Order.

“S. deBoer”

S. DEBOER

MEMBER

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

THE DISTRICT MUNICIPALITY OF MUSKOKA

BY-LAW 2022-24

Being a by-law to adopt Amendment 49 to the Muskoka Official Plan

(Resort Village of Minett)

WHEREAS the Community and Planning Services Committee has recommended to the Council of The District Municipality of Muskoka that Amendment 49 to the Official Plan of the Muskoka District Area (“Official Plan Amendment 49”) be adopted;

AND WHEREAS the Council of The District Municipality of Muskoka has fulfilled the applicable requirements of Sections 17(15) to 17(21) of the Planning Act, R.S.O. 1990, as amended;

AND WHEREAS the Council of The District Municipality of Muskoka is satisfied that the proposed Official Plan Amendment 49 attached hereto is suitable for adoption;

AND WHEREAS pursuant to Section 17(9) of the Planning Act and O. Reg. 525/97 amendments to the Official Plan of the Muskoka District Area do not require the approval of the Minister of Municipal Affairs and Housing;

AND WHEREAS it is desirable to adopt the proposed Official Plan Amendment 49;

THEREFORE, the Council of The District Municipality of Muskoka enacts as follows:

1. The proposed amendment to the Official Plan of the Muskoka District Area consisting of the text as attached hereto as Schedule “A” shall be and is hereby adopted as Official Plan Amendment 49.

2. The Commissioner of Community and Planning Services, or their delegate, shall be and is hereby authorized, directed and empowered to give notice of the decision in accordance with Section 17(23) of the Planning Act and sign all such declarations as may be necessary to comply with O. Reg. 543/06 and Section 17(28) of the Planning Act.

3. Official Plan Amendment 49 shall come into force and take effect in accordance with the provisions of the Planning Act.

Enacted and Passed this XX day of July, 2022.

Schedule 'A'

OFFICIAL PLAN AMENDMENT 49

TO THE

MUSKOKA

OFFICIAL PLAN

AMENDMENT 49

TO THE MUSKOKA OFFICIAL PLAN

SECTION 1: TITLE AND COMPONENTS OF THE AMENDMENT

Section 5 herein and Schedules “A” and “B" constitute Amendment Number 49 to the Official Plan for the District of Muskoka.

Sections 1 to 4 herein do not constitute part of the formal amendment but provide background information respecting the Amendment.

SECTION 2: PURPOSE AND BACKGROUND OF THE AMENDMENT

2.1 PURPOSE

The purpose and effect of Muskoka Official Plan Amendment 49 is to:

a) Revise the boundary of the Minett Special Policy Area on the Schedules to this Plan in accordance with Schedule “A” attached to this Amendment;

b) Include references to the Resort Village of Minett Special Policy Area in the servicing and other sections of this Plan as appropriate;

c) Establish the long-term role and function of the Minett Resort Village in the context of overall growth and development in the Township of Muskoka Lakes and District;

d) Replace Section J5.4 of the current Official Plan; and,

e) Include a new Schedule "B2- Minett Special Policy Area Service Areas" into the Official Plan setting out where Full Service and Future Service Areas are located in accordance with Schedule “A” attached to this Amendment.

2.2 BACKGROUND

Local Official Plan Amendment (OPA) 34 was adopted by the Township of Muskoka Lakes in January 2007, approved with modifications by the District of Muskoka in May 2007, and ultimately approved with further modifications by the OMB in 2008. This OPA re-designated Minett from a “Community” to a “Resort Village” designation, in recognition of its historical land uses, character, and development plan.

The Township of Muskoka Lakes initiated an Official Plan Review in 2019. Prior to the Official Plan Review, the Township passed an Interim Control By-law (ICBL) 2018-66 restricting development in Minett while undertaking studies informing its review of land use policies for the Resort Village of Minett.

An integral component of the land use review was the establishment of the Minett Joint Policy Review Steering Committee (MJPRSC) by both District and Township Councils. A final report from MJPRSC was submitted in January 2020 and reconfirmed in June 2020 once two studies commissioned by the MJPRSC were completed. As a result of the recommendations from the MJPRSC and requests from affected landowners, a further Working Group was established for the purposes of refining the MJRPRSC policy directions through a collaborative process.

The Working Group meetings resulted in Local Official Plan policy proposals in August 2020. The updated policies re-affirmed the role and function of Minett within the Settlement Pattern of the District of Muskoka and remained consistent with the overall land use and development policies of the Muskoka Official Plan. The proposed general policies require further refinement through an update to the comprehensive zoning by-law as well as plans addressing and providing detail on a variety of matters related to the ultimate development plan, including servicing.

The District of Muskoka indicated in December 2020 that they would not be able to support significant residential development in the Minett Resort Village on the basis of private communal services. On the basis of this decision, a draft Amendment to the Township of Muskoka Lakes Official Plan (OPA 56) was prepared and presented at a public meeting under the Planning Act on May 28, 2021. OPA 56 was then adopted by Township Council on December 15, 2021.

There is a need to update the District of Muskoka Official Plan to ensure that it complements and provides appropriate direction to the Township of Muskoka Lakes on the implementation of the development plan for the Minett Resort Village, while having regard to District interests.

SECTION 3: LAND SUBJECT TO THE AMENDMENT

3.1 The lands subject to this amendment include Part of Lots 22-23, Concession 10, Part of Lots 22-25, Concession 11 and Part of Lots 22-25, Concession 12, all in the former Township of Medora, now in the Township of Muskoka Lakes, in The District Municipality of Muskoka, all of which constitute the “Resort Village of Minett”, referred to herein as “Minett”.

3.2 The land subject to this Amendment is more particularly shown on Schedule “A”.

SECTION 4: IMPLEMENTATION AND INTERPRETATION

The changes to the Muskoka Official Plan as described in this Amendment shall be implemented in accordance with the applicable policies in Section A (Plan Basics: Applicability, Purpose and Organization of the Official Plan) and Section M (Implementation and Administration) of the Plan.

SECTION 5: THE AMENDMENT

5.1 Amend Schedules 'A', 'C1', 'C2', 'D', 'E1',”E3”, 'F' and 'G' by revising the boundaries of the Minett Special Policy Area as set out in Schedule 'A' to this Amendment;

5.2 Amend Appendices 'C' and 'D' by revising the boundaries of the Minett Special Policy Area as set out in Schedule 'A' to this Amendment;

5.3 Amend 'Schedule B: Urban Service Areas' to re-name as 'Schedule B1: Urban Service Areas';

5.4 Insert a new 'Schedule B2: Minett Special Policy Area Service Areas' as set out in Schedule 'B' to this Amendment;

5.5 Amend Section A6 by modifying sub-section b) so that it says: 'Schedule B1 - Urban Service Areas';

5.6 Amend Section A6 by adding a new sub-section c), as follows: 'c) 'Schedule B2 - Minett Special Policy Area Service Areas'; and by re-numbering existing sub-section c) and the remaining sections accordingly;

5.7 Amend Section D2 b) by adding the following sentence at the end: 'The Minett Special Policy Area is also a settlement area where municipal sewage services and municipal water services are to be provided';

5.8 Amend Section D10 by adding the following at the end of the first sentence: 'or within the Minett Special Policy Area as set out in Section J5.4 of this Plan';

5.9 Amend Section D11 by replacing the words 'Urban Centre or Community Area' in the first sentence with the words 'Urban Centre, Community Area or the Minett Special Policy Area';

5.10 Amend Section D11 by replacing the words 'Urban Centre or a Community Area' in the second sentence with 'Urban Centre, Community Area or the Minett Special Policy Area.';

5.11 Amend Section D15.1 vi) to insert “and the “Minett Special Policy Area” after the words “Hidden Valley Recreational Lifestyle and Resort Special Policy Area”;

5.12 Amend Section D15.2 c) by changing the reference to 'Schedule B' in the first sentence to 'Schedule B1';

5.13 Amend Section D15.2 c) by adding the following new second sentence: 'For the Minett Special Policy Area, the service areas inclusive of Full Service Area and Future Service Areas is shown on Schedule B2';

5.14 Amend Section D15.2 d) by changing the reference to 'Schedule B' to 'Schedules B1 and B2';

5.15 Amend Section D15.3 a) by changing the reference to 'Schedule B' in the first sentence to 'Schedule B1';

5.16 Amend Section D15.4 by changing the reference to 'Schedule B' to 'Schedule B1';

5.17 Amend Section J4.1 a) by replacing 'Urban Centres, Community Areas or Rural Areas' in the first sentence with 'Urban Centres, Community Areas, Rural Areas or the Minett Special Policy Area';

5.18 Amend Section K2 f) by replacing 'Urban Centres and Community Areas' in the first sentence with 'Urban Centres, Community Areas and the Minett Special Policy Area';

5.19 Amend Section M14.2 a) by replacing 'Urban Centres and Community Areas' in the first sentence with 'Urban Centres, Community Areas and the Minett Special Policy Area';

5.20 Amend Section M14.2 a) by replacing 'Urban Area or a Community Area' in the second sentence with 'Urban Centre, Community Area and the Minett Special Policy Area'; and

5.21 Amend Section J5.4 by deleting in its entirety and replacing with the following:

J5.4 MINETT

J5.4.1 PLANNED FUNCTION

Minett is a settlement area within the Township of Muskoka Lakes that contains a number of resort commercial properties, commercial uses, and residential properties located on the western shoreline of Lake Rosseau.

The character of Minett is rooted in its history as a resort community that dates back to the 1860’s. Despite a decline of tourist and service commercial uses throughout Muskoka, the importance and function of Minett as a resort node and gathering place have been consistently recognized in Township and District planning policies. Within the Township of Muskoka Lakes, Minett has grown to become a significant resort and tourist commercial node, with some permanent residential development and commercial services supporting these uses. Servicing within Minett was historically comprised of a combination of private communal sewage services and private communal water services and individual on-site water services and individual on-site sewage services, with development in the areas of Minett without municipal water services and municipal sewer services limited until such services were available.

On the basis of a comprehensive planning process undertaken by the District and Township between 2018 and 2021, Minett is planned to continue its evolution into a four-season tourist commercial and recreational resort area that includes permanent and seasonal residential uses, with all development ultimately intended to be on municipal water services and municipal sewer services.

J5.4.2 NATURE AND FORM OF DEVELOPMENT

a) Permitted uses in Minett shall seek to support the resort commercial function of the area, and may include residential, commercial, small-scale industrial, institutional and staff accommodation uses, in accordance with the policies of the Area Municipal Official Plan.

b) Development and redevelopment in Minett shall:

i) Respect and be compatible with the surrounding environment;

ii) Not result in adverse impacts on the water quality of Wallace Bay and Bruce Lake, as demonstrated through appropriate studies;

iii) Minimize disruption to, and on, existing topography and vegetation of the area when viewed from the water;

iv) Maintain, improve, and/or restore the health of existing natural heritage features and areas such as streams and wetlands, where these features exist and where possible;

v) Integrate sustainable development practices that maintain or enhance ecological and economic resiliency;

vi) Exhibit a high-quality built form that enhances pedestrian amenity;

vii) Incorporate landscaping that softens the impact of built form and utilizes native species where practical and appropriate;

viii) Conserve the natural landscape and retain or restore vegetation, particularly along the shoreline; and

ix) Preserve mature tree canopy where possible throughout the Resort Village for aesthetic reasons and for its cooling effect and stormwater retention properties.

J5.4.3 INTENSITY OF DEVELOPMENT

a) The gross floor area for development and/or redevelopment within the Full Service Area shown on Schedule B2 shall not exceed 157,935 square metres. The Area Municipal Official Plan shall allocate permitted gross floor area to the land use designations established by the Area Municipal Official Plan as appropriate.

b) The total equivalent unit count within the Full Service Area shown on Schedule B2 shall not exceed 2,020, with unit as defined in the Area Municipal Official Plan. The Area Municipal Official Plan shall allocate permitted units to the land use designations established by the Area Municipal Official Plan as appropriate.

J5.4.4 DEVELOPMENT POLICY

All development in Minett shall occur in accordance with the policies of this Plan (unless modified by this Section of the Plan) and as detailed in the Area Municipal Official Plan. In this regard, the Area Municipal Official Plan shall:

a) Set out the maximum percentage of the total number of units that are permitted to be resort-related residential dwelling units within the appropriate designations contained in the Area Municipal Official Plan;

b) Require the development of a reasonable amount of resort, commercial and tourism amenities in the first phase and in subsequent phases of development on those lands designated in the Area Municipal Official Plan as Village Core and Resort Commercial One and Resort Commercial Two to ensure the Minett Resort Village is commercially viable and attractive to the travelling and vacationing public;

c) Establish general development policies that deal with such matters as character, density of development, transportation/access, boat docking, servicing, stormwater management and sedimentation and employment;

d) Establish environmental and resource policies dealing with wetlands, area of use limitations and shorelines that will apply when considering applications for development in Minett;

e) Establish land use designations and set out the permitted uses in each along with any other necessary general development policies; and

f) Identify the studies and other matters that are required to be satisfied before development can occur in accordance with this Plan and the Area Municipal Plan.

J5.4.5 SERVICING

a) All development in the Full Service Area shown on Schedule B2 shall be on municipal water services and municipal sewer services in accordance with this Plan.

b) Notwithstanding Section J5.4.4 a), where municipal sewage services and municipal water services are not immediately available, the reconstruction of existing buildings is permitted, along with minor additions in accordance with the Area Municipal Official Plan. The development of other buildings and structures not requiring potable water and which do not generate effluent (such as minor accessory and storage buildings) may also be permitted.

c) Development on existing private communal sewage services and private communal water services within Minett are required to be connected to municipal sewage services and municipal water services when they are available and the conditions of connection, financial and otherwise, have been determined with the major proponents.

d) Within the Future Service area shown on Schedule B2, individual on-site sewage services and individual on-site water services may be permitted to allow for:

i) Minor development and redevelopment on existing lots of record; and,

ii) Minor infilling and minor rounding out of existing development;

provided that site conditions are suitable for the long-term provision of such services with no negative impacts and where such services are designed and installed in a manner that facilitates future connection to municipal sewage services and municipal water services.

J5.4.6 TRANSPORTATION

a) There are two District Roads in the Minett Resort Village: District Road 7 (Peninsula Road) and District Road 28 (Juddhaven Road). Proposals to modify the location of one or both of these roads may be considered by the District of Muskoka if justified through the preparation of the appropriate technical supporting studies by a qualified professional (i.e. an Integrated Transportation Plan and Traffic Impact Study), with such studies prepared to the satisfaction of the District of Muskoka. If the District of Muskoka supports the proposed changes, all works required to reconstruct the road to the approved standards will be the responsibility of the proponent and the reconstructed right-of-way shall be dedicated to the District of Muskoka at the sole cost of the proponent.

J5.4.7 EXCEPTIONS

a) Notwithstanding Section C2.6.4.2 c) of this Plan, flexibility with respect to requiring 15 metre waterfront vegetative buffers is permitted only for recreational and other amenities, including a proposed wellness centre, and does not apply to any form of commercial or residential accommodation.

b) Notwithstanding Section C2.6.4.2 f) of this Plan, shoreline structures, open decks, minor accessory structures and recreational and other amenities, including any portion of a proposed wellness centre that is two or less storeys in height, are not required to be set back 20 metres from the shoreline. A lesser setback shall not be permitted for any form of commercial or residential accommodation. In addition, structures deemed to be legal non-complying by the Area Municipality that are being re-constructed in-situ are exempt from Section C2.6.4.2 f).'

ATTACHMENT 2

AMENDMENT No. 56

TO THE OFFICIAL PLAN FOR THE TOWNSHIP OF MUSKOKA LAKES

SECTION 1: TITLE AND COMPONENTS OF THE AMENDMENT

1. Section 6 herein and Schedules “A”, “B”,”C”, and “D” constitute Amendment Number 56 to the Official Plan for the Township of Muskoka Lakes.

2. Sections 1 to 5 herein do not constitute part of the formal amendment but provide background information respecting the Amendment.

3. Appendix "A" to this amendment does not constitute part of the formal amendment but provides background information respecting the location of Full Service and Future Service Areas.

SECTION 2: LAND SUBJECT TO THE AMENDMENT

1. The lands subject to this amendment include Part of Lots 22-23, Concession 10, Part of Lots 22-25, Concession 11 and Part of Lots 22-25, Concession 12, all in the former Township of Medora, now in the Township of Muskoka Lakes, in The District Municipality of Muskoka, all of which constitute the “Resort Village of Minett”, referred to herein as “Minett”.

2. The land subject to this Amendment is more particularly shown on Schedule “A”.

SECTION 3: PURPOSE

3.1 The purpose of the Amendment is to amend the Official Plan for the Township of Muskoka Lakes:

a) To revise the Resort Village designation with associated land use, environmental, transportation, servicing and other policies for Minett;

b) To permit a variety of densities and land uses;

c) To establish the long-term role and function of the Minett Resort Village in the context of overall growth and development in the Township and District;

d) To establish clear policy direction based on Council's vision on the nature, scale and location of the full development of the Minett Resort Village;

e) To replace Section C1 – Resort Village Policies of the current Official Plan;

f) To remove Schedules “J1, “J1A” and “J1B”; and,

g) To insert Schedules “A”, “B”, “C”, and “D” attached to this Amendment.

3.2 The effect of this Amendment will be to provide the policy framework to allow Minett to develop as a “Resort Village”, which will function as a resort commercial and tourist destination, a waterfront service node, and a permanent residential node.

SECTION 4: BACKGROUND

Minett is located along the western shoreline of Lake Rosseau (on Wallace Bay) to the north of Port Carling. The topography of much of Minett is typical of the Muskoka landscape, with undulating terrain containing forested areas and some wetlands. There is, however, a large area of level land around the site of the Clevelands House Resort. Minett is a well-established resort community, dating back to the 1860’s. This resort character is still evident due to the resorts that continue to operate in the area. Three larger resorts still exist today, including Clevelands House Resort, The Rosseau Resort (JW Marriott) and Legacy Cottages (formerly known as Lakeside Lodge), all of which are clustered around Wallace Bay. There is also currently a mix of permanent and seasonal dwellings located in Minett.

A previous Official Plan Amendment (OPA) was adopted by the Township of Muskoka Lakes in January 2007, approved with modifications by the District of Muskoka in May 2007, and ultimately approved with modifications by the OMB in 2008. This OPA re-designated Minett from a “Community” to a “Resort Village” designation, in recognition of its historical land uses and destination character.

In 2019, the Township of Muskoka Lakes retained Meridian Planning Consultants to undertake an Official Plan Review (OPR) to update the policies of the Township of Muskoka Lakes Official Plan by evaluating its effectiveness, ensuring conformity with Provincial and District planning instruments, and considering input from the public and agencies with jurisdiction. The target date for completion of the OPR is 2022.

It should be noted that the Township of Muskoka Lakes Official Plan Review is a separate process than the review of the Minett policies that informs this Amendment, and these processes are being completed concurrently.

Notwithstanding this OPR process, the Township of Muskoka Lakes passed Interim Control By-law (ICBL) 2018-66 on May 18th, 2018 for the period of 1-year, with an option to extend for another year. The purpose of the ICBL was to restrict development within the Minett area to allow time for appropriate studies to be undertaken as well as provide an opportunity to examine the applicability of existing land use policies for the Resort Village of Minett.

As such, in June 2018, reports were presented to the Councils of both the Township of Muskoka Lakes and the District of Muskoka regarding a budget, timeline, and overall process to review both the Township and District of Muskoka Official Plan policies that apply to the Resort Village of Minett, concurrently with the OPR. Following approval by both Councils, Staff began the process of establishing the ‘skills based’ Minett Joint Policy Review Steering Committee.

Due to the timing associated with creating a Steering Committee, completing the associated studies and providing policy recommendations, on April 12th, 2019 the Township of Muskoka Lakes Council enacted By-law 2019-38 to extend the Interim Control By-law for an additional year. In October 2019, the Steering Committee shared interim policy recommendations with the Councils. Since October, the Committee worked to refine those interim recommendations into final recommendations, which were presented in January 2020 and reconfirmed in June 2020 upon receipt of final reports from two independent studies that it had commissioned.

Based on these recommendations, and the various landowner requests for a more collaborative approach to policy creation and implementation, the Township of Muskoka Lakes and the District of Muskoka have formed an additional working group to assist in ensuring the future Official Plan Amendment implements the desired vision for Minett. These recommendations and discussions informed the preparation of an initial draft of this Amendment by Travis and Associates.

Following the initial drafting of this Amendment, the District of Muskoka indicated in December 2020 that they would not be able to support significant residential development in the Minett Resort Village on the basis of private communal services (as was originally permitted in the initial draft prepared by Travis and Associates). On the basis of this decision, a draft Amendment was prepared through discussions with stakeholders in January 2021 by Meridian Planning Consultants on behalf of the Township, with the result being a draft Amendment dated February 1, 2021 that was presented at a public meeting under the Planning Act on May 28, 2021.

Following the well-attended public meeting, Meridian Planning Consultants with the support of Township staff reviewed all of the submissions made (verbal and written). The product of that review was a memorandum prepared by Meridian Planning Consultants dated July 29, 2021 that responded to the main themes of comments made on OPA 56 and provided recommendations on how OPA 56 should be modified in a future draft. This memorandum was presented to Planning Advisory Committee on August 6, 2021 at which direction was given on the preparation of an updated version of this Amendment.

SECTION 5: IMPLEMENTATION AND INTERPRETATION

5.1 This Official Plan amendment shall be implemented in accordance with the implementation policies contained in Section F of the Official Plan for the Township of Muskoka Lakes, in addition to any specific provisions contained in Section 6 of this Amendment.

SECTION 6: THE AMENDMENT

The Official Plan for the Township of Muskoka Lakes is hereby amended as follows:

6.1 Schedules “J1”, “J1A”, and “J1B” are hereby deleted.

6.2 Schedules “A”, “B”, “C”, and “D” attached hereto are hereby included in the Official Plan for the Township of Muskoka Lakes.

6.3 Section A.1.2 is hereby amended by deleting “J1” “J1A and J1B” in the first line.

6.4 Appendix 1 and Appendix 2 a) to c) of Section A.1.3 are hereby deleted.

6.5 Section C1 is hereby deleted in its entirety and replaced with the following:

SECTION C1 RESORT VILLAGE (Minett)

C1.1 Definition

A Resort Village is a planned development area in which the focus of use is centered around four- season tourist commercial, recreational resort and related commercial activities. Supplemental residential uses are permitted. The form and function of growth or change shall respect the history and character of existing development.

All new development and redevelopment shall conform to the policies of Section C1 contained herein. In the event of a conflict between the policies of Section C1 with other policies in this Plan, the policies in Section C1 prevail. In the event of a conflict between Section C1 and the policies of the District Official Plan, those of the District Official Plan shall prevail, unless the policies of Section C1 are more restrictive in which case the more restrictive policies shall prevail.

The boundaries of Minett are as shown on Schedule A attached.

C1.2 Growth Strategy

Basis

Minett is a settlement area within the Township of Muskoka Lakes that contains a number of resort commercial properties, commercial uses, and residential properties located on the western shoreline of Lake Rosseau. Servicing within Minett comprises a combination of private communal servicing and individual on-site systems.

The character of Minett is rooted in its history as a resort community that dates back to the 1860’s. Consistently over time, Township and District planning policies have recognized the importance and function of Minett as a resort node and gathering place. More recently, Minett was identified as a focus for resort development and for its potential to function as a resort and tourist commercial node, supplemented by residential uses.

Land use designations for Minett are shown on Schedule B, attached.

Strategy

Within the Township of Muskoka Lakes, Minett has grown to become a significant resort and tourist commercial node, with some permanent residential development and commercial services supporting these uses. Future growth within Minett shall seek to enhance the existing area, work with existing topography and vegetation, protect the natural environment in Minett, protect the water quality of Wallace Bay and Bruce Lake to the north and contribute to the tourism and economic development objectives of the Township and District.

Development Plan

The nature, scale and location of development in the Minett Resort Village that is provided for by Section C1 of the Official Plan has been derived on the basis of considerable discussion, study and compromise and represents a reduction in the amount of development initially permitted in the Resort Village by the OMB in 2007. To a very large extent, the conditions that under-pinned the approval of the original policy framework in 2007 have changed and there is greater awareness of the environmental and social limitations on development that exist in the area.

On the basis of the above, Section C1 establishes a long-term plan for the Resort Village that reflects the totality of what is supportable by the Township within the Resort Village. While minor deviations may be considered during the implementation of Section C1, major deviations that change any of the foundational elements of Section C1 shall require an Amendment to this Plan. These foundational elements are:

a) The maximum permitted Gross Floor Area for development and/or redevelopment on the lands as set out in Sections C1.4.3.2 and C1.4.3.5;

b) The maximum permitted number of Units on the lands as set out in Sections C1.4.3.3, C1.4.3.6 and C1.4.3.7;

c) The maximum percentage of the total number of Units permitted on those lands depicted on Schedule C in the Village Core (VC) designation that are permitted to be Resort-Related Residential Dwelling Units as set out in Section C1.6.1.3 d); and,

d) The maximum percentage of the total number of Units permitted on those lands depicted on Schedule C in the Resort Commercial designations that are permitted to be Resort-Related Residential Dwelling Units as set out in Section C1.6.2.3 d) and e).

Changes to any of the foundational elements listed are not permitted without an Amendment to this Plan, since the potential effect such changes would have on the overall vision established by Section C1 for the Minett Resort Village are significant.

As a result, any Amendment to this Plan that has the effect of changing any of the foundational elements listed above shall be supported by justification that indicates why it is in the overall public interest to change the vision for the Minett Resort Village established by this Plan. In addition, justification and supporting studies that demonstrate how the goals and objectives set out in Section C1.3 have been met shall also be required.

If such an Amendment proposes to increase the number of Residential Dwelling Units, Resort- Related Residential Dwelling Units and/or Resort Commercial Accommodation Units permitted by this Plan, the need for the additional Residential Dwelling Units and Resort-Related Residential Dwelling Units shall be justified and related to the population and housing targets established by the District of Muskoka Official Plan for the Township of Muskoka Lakes that are in effect at the time and the role of Port Carling and Bala in accommodating expected year-round population growth. The need for additional Resort Commercial Accommodation Units shall be supported by an appropriate market study that demonstrates that there is a market demand for additional Resort Commercial Accommodation Units in the District of Muskoka, beyond what has been provided for by this Plan. In addition, the ability of the natural environment to accommodate additional development shall be reviewed to determine if increases in the amount of development can be justified.

C1.3 Goal and Objectives

C1.3.1 Goal

C1.3.1.1 To ensure Minett develops as a four-season resort commercial, tourist, and recreation focused area with some residential uses, where development and redevelopment proceeds in an orderly manner, protects the environment and enhances the environment where possible, and contributes to the overall character of the area.

C1.3.1.2 To establish a long-term build-out plan for the Minett Resort Village in a manner that implements the Township's vision for the settlement area including the scale, location and nature of development anticipated.

C1.3.2 Objectives

C1.3.2.1 To recognize the historic resort commercial, tourist commercial, and recreational character of Minett and implement policies that will allow this character and history to be strengthened and enhanced.

C1.3.2.2 To promote development that contributes to the success of Minett as a resort, tourist, and recreation focused area through the provision of recreational and commercial amenities.

C1.3.2.3 To encourage development and redevelopment that demonstrates sustainable economic, social, and environmental practices. In instances where such practices might be incompatible, protection of the environment shall take precedence.

C1.3.2.4 To enable the balanced growth and redevelopment of existing tourist resorts and associated establishments with new development through permitting a range of uses, including, but not limited to additional resort commercial accommodation and tourist commercial uses, residential uses, and waterfront-related uses.

C1.3.2.5 To promote the creation of gathering spaces within Minett to foster a sense of community.

C1.3.2.6 To encourage the development of active transportation networks that promote pedestrian activity.

C1.3.2.7 To protect environmentally sensitive areas and ensure that where development is permitted, its design and construction shall be done in a manner that limits site disturbance and protects natural features and functions, protects the native tree canopy, and protects and enhances the natural features and their functions that contribute to the unique character of Minett.

C1.3.2.8 To consider the safe boating capacity of the Wallace Bay area, with the objective of minimizing incremental contribution to boat traffic to the fullest extent possible.

C1.3.2.9 To enhance the function of Minett as a resort, tourist, commercial, and recreation focused area by establishing an appropriate intensity of development in accordance with the policies of this Plan that can support this function.

C1.3.2.10 To create long term employment opportunities.

C1.3.2.11 To integrate existing development with new development to maintain a sense of community within the Resort Village.

C1.4 General Development Policies

C1.4.1 Permitted Uses

C1.4.1.1 Permitted uses in Minett shall seek to support the resort commercial function of the area, and may include residential, commercial, small-scale industrial, institutional and staff accommodation uses, in accordance with the policies of the applicable land use designation contained herein.

C1.4.1.2 Large-scale institutional and industrial uses are not permitted.

C1.4.2 Character

C1.4.2.1 Minett’s natural character is defined by varied and well treed terrain with isolated rock outcroppings and distinct rock faces. These features provide an interesting and unique setting for residents and visitors and influences the Resort Village's physical growth.

C1.4.2.2 Development and redevelopment shall:

a) Respect and be compatible with the surrounding environment;

b) Not result in adverse impacts on the recreational carrying capacity and water quality of Wallace Bay and Bruce Lake, as demonstrated through appropriate studies;

c) Minimize disruption to, and on, existing topography and vegetation of the area when viewed from the water;

d) Maintain, improve, and/or restore the health of existing natural amenities such as streams and wetlands, where these features exist and where possible;

e) Integrate sustainable development practices that maintain or enhance ecological and economic resiliency;

f) Exhibit a high-quality built form that enhances pedestrian amenity;

g) Locate parking and servicing areas or facilities to the side or rear of buildings and recreational areas, where possible, to minimize disruption to waterfront access and views, and reduce conflicts with pedestrians;

h) Incorporate landscaping that softens the impact of built form and utilizes native species where practical and appropriate;

i) Conserve the natural landscape and retain or restore vegetation, particularly along the shoreline;

j) Preserve mature tree canopy where possible throughout the Resort Village for aesthetic reasons and for its cooling effect and stormwater retention properties; and,

k) Incorporate walkways and where possible roadways that are contoured to the topography of the area.

C1.4.2.3 The architecture and characteristics of new major development or redevelopment shall:

a) Limit height in proximity to the shoreline, while providing for a gradual increase as the distance from the shoreline increases, where appropriate;

b) Be of a low-rise built form that in no case exceeds 16 metres including mechanical equipment (note notwithstanding below in sub-section c)) and the existing mature tree canopy and which is sited in a manner that respects the character and scale of buildings of the past and is appropriate to its setting and terrain with the location of higher buildings to be pre-determined in accordance with the Master Development Agreement prepared in accordance with Section C1.7.5 of this Plan;

c) Allow a small number of prominent buildings in the VC or RC1 and RC2 designations that may, notwithstanding sub-section b), exceed the 16 metre height limit by exception where they contribute to a sense of community by creating visual interest and/or recognizable landmarks, subject to design guidelines as identified in d) below;

d) Be informed by a set of urban design and/or architectural design guidelines in accordance with Section C1.7.5 of this Plan;

e) Utilize dark sky lighting in accordance with Township by-laws to preserve the darkness of the night sky; and

f) Allow for the implementation of alternative standards for development where benefits to community character or the natural environment can be demonstrated, provided any negative impacts can be effectively mitigated and provided these alternative standards are supported by the Township.

C1.4.2.4 Modifications, alterations, and enhancements to existing structures in proximity to the shoreline and/or redevelopment of such existing structures, are permitted in accordance with the implementing Zoning By-law, provided such modifications, alterations, enhancements and/or redevelopment conform to the objectives of this Plan.

C1.4.3 Density of Development

C1.4.3.1 For the purposes of calculating density, a Unit shall refer to either a Residential Dwelling Unit, Resort-Related Residential Dwelling Unit or a Resort Commercial Accommodation Unit, as defined in Section C1.8.

C1.4.3.2 The total Gross Floor Area for development and/or redevelopment on the lands within the Village Core (VC), Resort Commercial One (RC1) and Resort Commercial Two (RC2) designations shown on Schedule C shall not exceed 69,677 square metres (750,000 square feet), which total shall include all uses.

C1.4.3.3 The total equivalent Unit count for the lands identified on Schedule C shall not exceed 882. Notwithstanding the above and Section C1.4.3.6, the total combined equivalent unit count for the lands identified on Schedules C and D shall not exceed 2,020, which shall include the number of units permitted in the Resort Commercial Three (RC3) and Resort Commercial Four (RC4) designations.

C1.4.3.4 Given the need to ensure that resort and tourism amenities are developed in the first phase and in subsequent phases of development as per Section C1.7.1, the percentage of Gross floor Area in Section C1.4.3.2 allocated to Units shall be determined in the implementing Zoning By-law, with this percentage requiring a reasonable amount of resort, commercial and tourism amenities in each phase as appropriate to ensure the Minett Resort Village is commercially viable and attractive to the Travelling & Vacationing Public.

C1.4.3.5 The total Gross Floor Area for development and/or redevelopment on the lands within the Residential One (R1) and Residential Two (R2) designations shown on Schedule D shall not exceed 88,258 square metres (950,000 square feet).

C1.4.3.6 The total equivalent Unit count for the lands identified on Schedule D shall not exceed 1,117. Notwithstanding the above and Section C1.4.3.3, the total combined equivalent unit count for the lands identified on Schedules C and D shall not exceed 2,020 which shall include the number of units permitted in the Resort Commercial Three (RC3) and Resort Commercial Four (RC4) designations.

C1.4.3.7 For those lands within the Resort Commercial Three (RC3) and Resort Commercial Four (RC4) designations shown on Schedule C the maximum number of Units shall be 265 and 55 respectively and these units are included in the cap of 2,020 units that apply to all lands in the VC, R1, R2, RC1 and RC2 designations.

C1.4.4 Transportation/Access

C1.4.4.1 All new development shall front onto a publicly accessible road, which is maintained year-round, except where development occurs by condominium description.

C1.4.4.2 Notwithstanding policy C1.4.4.1, all private condominium roads shall have access from a public year-round maintained road.

C1.4.4.3 Where condominium registration is utilized, roads shall be designed and constructed to Township standards and provide for emergency vehicular access to the satisfaction of the District and the Township.

C1.4.4.4 Public access to, from, and along Lake Rosseau shall be preserved and encouraged to be enhanced.

C1.4.4.5 Strong linkages to the waterfront shall be developed and if additional dockage can be justified in accordance with Section C1.4.5.1, such additional dockage shall accommodate a reasonable percentage of slips for transient visitors arriving by water. All major docking areas shall be of adequate size and configuration to accommodate a variety of vessels, including appropriate provision for docking an historic steamship.

C1.4.4.6 Pedestrian facilities shall be incorporated in all areas of the Resort Village to promote active transportation and to link amenities.

C1.4.4.7 The location, design and function of the public road network shall be subject to more detailed analysis during the preparation of an integrated Transportation Plan that identifies existing and proposed integrated public, private, and condominium road networks in accordance with Section C1.7.5 e).

C1.4.4.8 Policies respecting access to District Roads are contained within Section K of the District of Muskoka Official Plan.

C1.4.4.9 There are two District Roads in the Minett Resort Village: Peninsula Road and Juddhaven Road. Proposals to modify the location of one or both of these roads may be considered by the District if justified through the preparation of an integrated Transportation Plan in accordance with Section C1.7.5 e) and a Traffic Impact Study in accordance with Section C1.7.5 f). These studies shall be prepared to the satisfaction of the District. If the District supports the proposed changes, all works required will be the responsibility of the proponent and the reconstructed road shall be dedicated to the District at no cost to the District.

C1.4.5 Docking for Boats

C1.4.5.1 No increase in the number of legally existing or approved boat slips in the Minett Resort Village as of the date of adoption of this Plan is permitted unless appropriate boating capacity and recreational carrying capacity studies are completed in support of any increase, to the satisfaction of the Township.

C1.4.5.2 Docking facilities used for the docking of boats are subject to the following provisions:

a) Owners and users of island cottages will be afforded the ability to rent a boat slip, enabling access to the lake and providing a semi-permanent space for boat docking. The number of slips may be defined through the Zoning and/or Site Plan process.

b) Slips will be made available for the transient use of the lake cottagers, enabling access to the Village Core amenities and wellness centre. The prescribed number of slips may be defined through the Zoning/Site Plan process.

c) Docks will be utilized on a limited basis for the commercial activities of the Cleveland’s House Resort. Limited basis will be defined through the implementing Zoning Bylaw(s) and or appropriate Agreements.

d) A limited number of docks may be rented on an overnight basis to members of the Travelling & Vacationing Public as defined in Section C1.8.

e) No more than 10% of the docks are to be reserved for Unit Owners, as defined in Section C1.8.

C1.4.5.3 Reductions to on-site motor vehicle parking requirements for boat slips may be considered based on the provision of boat docking facilities but increases to boat docking facilities will not be considered based on such decisions to limit motor vehicle parking.

C1.4.6 Servicing

C1.4.6.1 Full Service Areas are areas where municipal sewage services and municipal water services are to be provided first and Future Service Areas are areas where municipal sewage services and municipal water services are to be developed in future phases are shown on Appendix 'A'.

C1.4.6.2 Given the scale of development proposed in the Minett Resort Village, all existing and proposed development requiring potable water and/or which generates effluent within the Full Service Area shown on Appendix 'A' shall be serviced by municipal sewage services and municipal water services to support protection of the environment and minimize risks to human health and safety. The full cost of installing municipal sewage services and municipal water services will be the responsibility of the major proponents (s) who will benefit from the installation of such services.

C1.4.6.3 Notwithstanding Section C1.4.6.1, where municipal services are not immediately available, the reconstruction of existing buildings is permitted, along with minor additions that do not exceed 10% of the gross floor area of the existing building. The development of other buildings and structures not requiring potable water and which do not generate effluent (such as minor accessory and storage buildings) may also be permitted.

C1.4.6.4 Development on existing private communal systems within the Resort Commercial Three (RC3) and (RC4) designations shown on Schedule B is required to be connected to municipal sewage services and municipal water services when they are available and the conditions of connection, financial and otherwise, have been determined with the major proponents.

C1.4.6.5 In order to ensure that all major proponents within the Full Service Area shown on Appendix ‘A’ contribute equitably towards the provision of the municipal sewage services and municipal water services, the major proponents shall be required to enter into one or more Developers’ Group Agreements as a condition of the development of their land.

C1.4.6.6 These agreements shall provide for the equitable distribution of the costs, including lands, of the aforementioned municipal sewage services and municipal water services, and associated studies where such costs are not dealt with under the Development Charges Act, 1997.

C1.4.6.7 All non-participating major proponents within the Full Service Area shown on Appendix ‘A’ area will not be entitled to development approvals until such time as they have joined the Developers Group as participating landowners, and participate in the delivery of municipal sewage services and municipal water services, as required. Prior to approval for any development within the Full Service Area shown on Appendix ‘A’, the Township shall require a certificate from the Developers Group cost-sharing trustee confirming the development proponent is in good standing with the Developers Group.

C1.4.6.8 The proposed location of the wastewater treatment plant is designated Institutional and is shown on Schedules B, C and D. The location of the wastewater treatment plant was established in a previous Environmental Assessment. Given the need for a new Environmental Assessment to support the installation of full municipal services, it is anticipated that all options with respect to the location of the wastewater treatment plant will be reviewed and a determination made on the best location. Such a process will involve consultation with the public in accordance with the Environmental Assessment Act. If an alternative location than the one shown on Schedules B, C and D is selected, an Official Plan Amendment will be required to designate the recommended location of the wastewater treatment plant as Institutional.

C1.4.6.9 Within the Future Service area shown on Appendix 'A', individual on-site sewage services and individual on-site water services may be permitted to allow for:

a) Minor development and redevelopment on existing lots of record; and,

b) Minor infilling and minor rounding out of existing development;

provided that site conditions are suitable for the long-term provision of such services with no negative impacts and where such services are designed and installed in a manner that facilitates future connection to municipal services.

C1.4.6.10 Planning for sewage and water services in accordance with Sections C1.4.6.1 to C1.4.6.9 above shall:

a) Promote water conservation and water use efficiency;

b) Integrate servicing and land use considerations at all stages of the planning process; and,

c) Ensure that these systems are provided in a manner that:

i. Can be sustained by the water resources upon which such services rely;

ii. Prepares for the impacts of a changing climate;

iii. Is feasible and financially viable over their lifecycle; and

iv. Protects human health and safety, and the natural environment.

C1.4.6.11 For the purposes of Section C1.4.6, major proponents are the owners of lands that are designated VC, RC1, RC2, RC3, RC4, R1 and R2 as shown on Schedule B.

C1.4.7 Stormwater Management and Sedimentation

C1.4.7.1 A Stormwater Management, Erosion Control and Sedimentation Plan incorporating LIDs shall be prepared prior to the commencement of new development in Minett, where required by and to the satisfaction of the District and the Township.

C1.4.7.2 Plans identified in C1.4.7.1 will address possible water quantity and quality impacts of runoff leaving the site, specifically with the intent of protecting the health of the lake system. Generally, post development flows shall not exceed pre-development flows. The proponent shall be responsible for designing and implementing phosphorous and salt removal strategies to the satisfaction of the Township.

C1.4.7.3 In addition to the requirements of Policies C1.4.7.1 and C1.4.7.2, the design of all infrastructure within Minett shall have regard to stormwater impacts and consider the projected impacts of climate change through stormwater management and sedimentation control measures. The design of infrastructure for major development shall require:

a) The use of a treatment train approach (i.e. lot level, conveyance and where necessary end of pipe/system facilities) incorporating best practice design;

b) Internal roadways, driveways, parking areas, cycling and walking surfaces associated with new developments are to be made of, or covered in, permeable materials, where feasible;

c) Retention ponds, if required, shall be effective, environmentally sound, and made as unobtrusive and aesthetically pleasing as possible, through the planting of native plants, shrubs and trees, while maintaining protection of human health and safety;

d) Application of sediment and erosion control measures (ESC) are to be installed and maintained during construction and until substantial stabilization of the site has occurred; and,

e) Retention or utilization of natural vegetation and shoreline buffers to control erosion, attenuate flows, and promote infiltration to promote lake system health and retain the natural beauty of Minett.

C1.4.8 Employment Areas

C1.4.8.1 Minett provides employment lands that benefit the Township and the District by providing employment opportunities. The creation of new employment opportunities shall be supported within Minett. Efforts shall be made to protect and enhance employment lands by:

a) Allowing small scale non-resort related commercial and institutional uses; and

b) Incorporating uses that are supportive of a tourism-based economy including but not limited to, studios, galleries, artisan workshops, gift shops, wooden boat building, and similar complementary ancillary uses.

C1.4.8.2 All economic development is to be undertaken in a manner that protects the features, functions, and interconnections of the natural environment.

C1.5 Environmental and Resource Policies

C1.5.1 General

C1.5.1.1 In Minett, all development and redevelopment shall conform to the applicable environmental policies provided under Section C of the District of Muskoka Official Plan and those stated herein.

C1.5.1.2 Notwithstanding Policy C1.5.1.1, the Township and/or the District shall require major development proposals within Minett to:

a) Develop and implement phosphorous and nutrient management plans;

b) Develop or maintain appropriate shoreline buffers from the high-water mark;

c) Minimize disruption to existing topography and vegetation and the tree canopy in particular, when viewed from the water; and

d) Develop a tree protection plan in accordance with the Township of Muskoka Lakes Tree Preservation By-law and where appropriate, complete a forest assessment and preservation plan to ensure the continued functioning of and linkages between forested blocks to protect the ability of wildlife to move throughout the area.

C1.5.1.4 Where little or no natural buffer exists, re-naturalizing wherever possible with native plants, shrubs and trees will be required.

C1.5.2 Wetlands

C1.5.2.1 Wetland areas are generally identified on Schedule B. Additional wetlands may be identified through site assessments and subject to evaluation.

C1.5.2.2 The specific boundaries of wetlands shall be confirmed by an Environmental Impact Study and/or Natural Heritage Study and subject to refinement without an amendment to this Plan, where applicable.

C1.5.2.3 No development shall be permitted within wetlands with the exception of conservation uses that may include trails or boardwalks.

C1.5.2.4 Development adjacent to wetland areas may be permitted, provided a study is submitted to the satisfaction of the District and Township which indicates that it will not result in any of the following:

a) Loss of wetland function;

b) Conflict with existing site-specific wetland management practices; and/or

c) Loss of contiguous wetland area.

C1.5.3 Areas of Use Limitation

C1.5.3.1 Areas of Use Limitation are areas with constraints to development that shall be addressed through engineering and other technical reports prepared in support of applications for development. The following areas are classified as Areas of Use Limitations:

a) Lands subject to periodic or seasonal flooding, which are subject to Section C1.5.3.7 and wetlands which are subject to Section C1.5.2;

b) Slopes steeper >20% and <40% and steep slopes >40%; and,

c) Areas of erosion or slope instability.

C1.5.3.2 The areas identified above shall be further reviewed through the Development Phasing Plan process in accordance with Section C1.7.5 a) which will involve a review by the appropriate authorities.

C1.5.3.3 Building setbacks may be established from the margins of an Area of Use Limitation if the extent of severity of the constraint warrants it and subject to the satisfaction of and prior approval by the Township which may include site plan approval.

C1.5.3.4 Any development within an Area of Use Limitation shall seek to be integrated into the landscape while enhancing the natural feature, to the fullest extent possible.

C1.5.3.5 For steep slopes >20% and <40%, existing vegetation shall be substantially retained on all slope faces. If vegetation cannot be substantially retained and development is proposed on these lands, then an Environmental Impact Study that addresses specific mitigation measures shall be required to the satisfaction of the District and Township to address the visual and environmental integrity of such lands, among other matters, including the servicing of such lands.

C1.5.3.6 For steep slopes >40%, existing vegetation shall be substantially retained on all slope faces, and if minor development is proposed, an Environmental Impact Study that addresses specific mitigation measures shall be required to the satisfaction of the District and Township. Where required by the District and Township, engineering evaluations must be provided to demonstrate how the constraint will be addressed. A servicing report may also be required by the District and Township to demonstrate how the site can be adequately serviced.

C1.5.3.7 The District of Muskoka has completed flood plain mapping and this mapping shall be implemented in the Township's implementing zoning by-law in accordance with Section C1.7.2 of this Plan. This mapping should be referenced when considering any development or site alteration in the Minett Resort Village. New habitable buildings are not permitted in the floodplain; however, conservation uses that may include trails or boardwalks may be permitted. Updates to the limits of the floodplain may be considered through future studies, with any proposed changes subject to the approval of the Township and District.

C1.5.4 Shorelines

C1.5.4.1 The maintenance of the shoreline of lakes and rivers is key to preserving the quality of the natural and cultural heritage of Muskoka along the waterfront. Tree cover, vegetation and other natural features are encouraged to be retained to uphold the visual and environmental integrity and the exceptional character of the shoreline area.

C1.5.4.2 Natural landscape features such as watercourses, significant heights of land, rock faces or cliffs, waterfalls, rapids, beaches, vistas, panoramas, landmarks, tree-lined horizons and other similar features shall be conserved to the extent feasible. New development shall be located and designed to protect these characteristic features.

C1.5.4.3 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 therefore required. In this regard, as much of the area adjacent to the shoreline as possible shall be maintained in a natural state where new lots are being created, where vacant lots are being developed and when redevelopment on existing lots is proposed. The vegetative buffer should stretch across the entire water frontage and be at least 15 metres in depth from the normal high water mark and where redevelopment is proposed, the shoreline buffer should be achieved to the extent feasible through ecological enhancement where possible.

C1.5.4.4 Notwithstanding Section C1.5.4.3, given the role and function of the Minett Resort Village, flexibility with respect to requiring 15-metre waterfront vegetative buffers is provided for only recreational and other amenities, including a proposed wellness centre, and does not apply to any form of commercial or residential accommodation.

C1.5.4.5 A minimum 20 metre setback from any shoreline shall be required for all development, excluding shoreline structures, open decks, minor accessory structures and recreational and other amenities, including any portion of a proposed wellness centre that is two or less storeys in height. A lesser setback shall not be permitted for any form of commercial or residential accommodation. Structures deemed to be legal non- complying that are being re-constructed in-situ are exempt from this policy

C1.5.4.6 Existing and/or temporary structures in proximity to the shoreline may be modified, altered, enhanced, or redeveloped in-situ or otherwise, provided these changes achieve the objectives of this Plan.

C1.6 Land Use Designations

The following policies apply to the land use designations within the Resort Village of Minett as shown on Schedule B. The boundaries of these designations are approximate only and subject to minor modification without an Amendment to this Plan. The extent of these designations shall be further refined through the implementing Comprehensive Zoning By-law.

The Resort Village of Minett includes the following area specific designations:

a) Village Core (VC);

b) Resort Commercial (RC1, RC2, RC3 and RC4);

c) Residential (R1 and R2);

d) Institutional (I);

e) Environmental Wetland (EW); and,

f) Non Red Leaves (NRL).

The purpose of the specific designations is to recognize the interrelationships of the distinct areas in the overall development scheme while maintaining unique policy provisions for these areas within the overall Resort Village. Where minor changes to the location of existing roads are proposed, the land use designation that applies on either side shall move with the change in the road location.

C1.6.1 Village Core (VC)

C1.6.1.1 Lands designated as VC are shown on Schedules B and C.

C1.6.1.2 The VC shall be the primary gathering place within Minett, as well as the major focus of development. Critical to its success, the VC shall be planned as a central area consisting of a mix of commercial, resort, limited resort-related residential, and institutional uses with appropriate connections to adjacent areas.

C1.6.1.3 The following mix of uses that support the resort and tourist commercial function of Minett shall be permitted in the VC designation:

a) Resort Commercial Accommodation Units in facilities such as lodges, resorts, hotels, cabins, lakefront villas and housekeeping, management and staff accommodations;

b) Retail and service commercial uses;

c) Uses that promote wellness activities and recreation opportunities and facilities such as a wellness centre, trails, plazas and public squares, public open private spaces, seating areas, beaches and sport facilities and private leisure clubs that are recreational in nature, among others;

d) Resort-Related Residential Dwelling Units on lands within the VC designation, which shall not exceed 30% of the total number of Units permitted only on those lands designated VC, RC1 and RC2 as shown on Schedule C subject to Section C1.6.1.4 below;

e) Small-scale industrial uses such as wooden boat building; and

f) Other commercial uses associated with recreation including retail service uses, marinas, contractors’ yards, boats and snowmobile sales, rentals and servicing, and fuel stations.

C1.6.1.4 General Policies:

a) All Resort Commercial Accommodation Units in the VC designation are required to generate a turnover of occupants through mandatory rental programs, exchanges, timesharing, fractionalized ownerships or other similar means as stipulated in Section C1.9. The use of Resort Commercial Accommodation Units as a year-round or seasonal dwelling unit shall not be permitted.

b) In-person management shall be available on-site in order to respond to complaints, deal with emergencies, and assist guests and visitors.

c) To provide recreation experience, a variety of resort-related amenities and services shall be available on-site. Such amenities and services must be available to unit owners, guests and visitors and are required to be available be tangible and include more than just the development of a beach, walking trails or similar passive features. The development of a reasonable number of amenities shall occur in the first phase in accordance with Section C1.7.1 of this Plan.

d) Resort-Related Residential Dwelling Units are not required to generate a turnover of occupants through mandatory rental programs, exchanges, timesharing, fractionalized ownerships or other similar means as stipulated in Section C1.9. Notwithstanding the above, Resort-Related Residential Dwelling Units are encouraged to be available to the Travelling & Vacationing Public when possible.

e) Resort-Related Residential Dwelling Units shall form part of a functionally integrated resort entity.

f) Resort-Related Residential Dwelling Units shall not be permitted until an appropriate amount of Resort Commercial Accommodation Units and resort related amenities are established in accordance with Section C1.7.1 of this Plan.

g) At no point through the phased development of the lands that are designated VC, RC1 and RC2 as shown on Schedule C shall more than 30% of the Units be Resort-Related Residential Dwelling Units.

h) Staff housing for the employees of the various businesses in the Minett Resort Village will be required within the Minett Resort Village as a condition of development.

C1.6.1.5 The uses in this designation shall be subject to specific standards as set out in the implementing Zoning By-law Amendment.

C1.6.1.6 It is anticipated that the densities and heights of buildings in this area will be the highest of any area in Minett, subject to Section C1.4.2.3.

C1.6.1.7 Major development shall be designed to encourage and provide pedestrian facilities and connections and public gathering spaces, in consideration of the shoreline as an amenity.

C1.6.1.8 Commercial use and maintenance of the commercial components of a resort development are identified generally in Section C1.9 and shall be prescribed in greater detail in the implementing Zoning By-law and/or Site Plan and Condominium Agreements, and including the provisions in Section C1.9.

C1.6.2 Resort Commercial (RC)

C1.6.2.1 Lands designated as RC are identified on Schedules B and C.

C1.6.2.2 Lands designated as RC shall primarily provide for lodging, accommodation, recreation, tourism, and other commercial uses.

C1.6.2.3 Permitted uses within the RC designation shall include the following:

a) Resort Commercial Accommodation Units in in facilities such as lodges, resorts, hotels, cabins, lakefront villas, and housekeeping, management and staff accommodations;

b) Retail and service commercial uses;

c) Uses that promote wellness activities and recreation opportunities and facilities such as a wellness centre, trails, plazas and public squares, public open private spaces, seating areas, beaches and sport facilities, and private leisure clubs that are recreational in nature, among others;

d) Resort-Related Residential Dwelling Units on lands within the RC1 and RC2 designations, which shall not exceed 30% of the total number of Units permitted only on those lands designated VC, RC1 and RC2 as shown on Schedule C subject to Section C1.6.2.4 below;

e) Resort-Related Residential Dwelling Units on lands within the RC3 and RC4 designations, which shall not exceed 30% of the total number of Units permitted within each of the areas designated RC3 and RC4 as shown on Schedule C subject to Section C1.6.2.4 below;

f) Small-scale industrial uses such as wooden boat building;

g) Other commercial uses associated with recreation including retail service uses, marinas, contractors’ yards, boats and snowmobile sales, rentals and servicing, and fuel stations; and

h) Public or private camps, and service uses accessory to such camps and located on the same property.

C1.6.2.4 General Policies:

a) All Resort Commercial Accommodation Units in the RC1, RC2, RC3 and RC4 designations are required to generate a turnover of occupants through mandatory rental programs, exchanges, timesharing, fractionalized ownerships or other similar means as stipulated in Section C1.9. The use of Resort Commercial Accommodation Units as a year-round or seasonal dwelling unit shall not be permitted. Notwithstanding the above, while all Resort Commercial Accommodation Units in the RC3 and RC4 designations are required to generate a turnover of occupants in accordance with this policy, the current rules governing such turnover shall be in accordance with agreements that have been entered into between landowners and the Municipality as of the date this policy comes into effect.

b) In-person management shall be available on-site in order to respond to complaints, deal with emergencies, and assist guests and visitors.

c) To provide recreation experience, a variety of resort-related amenities and services shall be available on-site. Such amenities and services must be available to unit owners, guests and visitors and are required to be available to the general public where appropriate. In addition, these amenities must be tangible and include more than just the development of a beach, walking trails or similar passive features. The development of a reasonable number of amenities shall occur in the first phase in accordance with Section C1.7.1 of this Plan.

d) Resort-Related Residential Dwelling Units that may be permitted in the RC1, RC2, RC3 and RC4 designations in accordance with Sections C1.6.2.3 d) and e) are not required to generate a turnover of occupants through mandatory rental programs, exchanges, timesharing, fractionalized ownerships or other similar means as stipulated in Section C1.9. Notwithstanding the above, Resort-Related Residential Dwelling Units are encouraged to be available to the Travelling & Vacationing Public when possible.

e) Resort-Related Residential Dwelling Units shall form part of a functionally integrated resort entity.

f) Resort-Related Residential Dwelling Units shall not be permitted until an appropriate amount of Resort Commercial Accommodation Units and resort related amenities are established in accordance with Section C1.7.1 of this Plan.

g) At no point through the phased development of the lands that are designated VC, RC1, RC2, RC3 and RC4 as shown on Schedule C shall more than 30% of the Units be Resort-Related Residential Dwelling Units.

h) Staff housing for the employees of the various businesses in the Minett Resort Village will be required within the Minett Resort Village as a condition of development, with the exception of the lands designated RC4, as shown on Schedule C. Staff housing for the lands designated RC3 will be provided upon connection to municipal sewer and water services when available and in accordance with Section C1.4.6.

i) The maximum equivalent unit size of all new Resort Commercial Accommodation Units on lands within the RC3 and RC4 designations shall be 79m2 (850 square feet). This policy applies to any new development beyond what exists on the RC3 lands on the date this section comes into effect and to any new development beyond what exists or has been approved on the RC4 lands.

C1.6.2.5 Indoor and outdoor recreational facilities shall be an integrated and important component of any resort commercial development.

C1.6.2.6 Public use of resort facilities, particularly recreational and docking facilities, shall be encouraged, where appropriate.

C1.6.2.7 All new resort commercial development shall be appropriate to the lot on which it is proposed. Specific lot provisions shall be established in the implementing Zoning By- law.

C1.6.2.8 Commercial use and maintenance of the commercial components of a resort development are identified generally in Section C1.9 and shall be prescribed in greater detail in the implementing Zoning By-law and/or Site Plan and/or Condominium Agreements, and including the provisions in Section C1.9.

C1.6.2.9 The uses in this designation shall be subject to specific standards as set out in the implementing Zoning By-law.

C1.6.3 Residential

C1.6.3.1 Lands designated as Residential are shown on Schedules B and D.

C1.6.3.2 Lands designated as Residential shall primarily provide for a range of and type of Residential Dwelling Units, as well as some resort commercial, tourist, and recreational uses in support of Minett’s character.

C1.6.3.3 The following uses, among others, shall be permitted on lands designated as Residential:

a) Lodges, resorts, hotels, cabins, lakefront villas, housekeeping and staff accommodations;

b) All forms of residential uses, provided maximum height does not exceed 16 metres, including mechanical equipment;

c) Dormitory style-accommodation for resort employees; and

d) Recreational uses.

C1.6.3.4 The conversion of single-detached dwellings into duplexes shall be permitted to promote affordability within Minett.

C1.6.3.5 The uses in this designation shall be subject to specific standards as set out in the implementing Zoning By-law.

C1.6.3.6 Staff housing for the employees of the various businesses in the Minett Resort Village will be required within the Minett Resort Village as a condition of development.

C1.6.4 Institutional

C1.6.4.1 Small-scale institutional uses may include municipal facilities such as water and wastewater infrastructure, waste management, emergency services, sports fields/facilities, places of worship, and government uses.

C1.6.4.2 The relocation of existing emergency services and the introduction of new emergency services and affiliated uses shall be permitted in all land use designations.

C1.6.4.3 Ancillary small-scale institutional uses such as culinary schools, learning facilities, watersport instruction, among others, are permitted in all designations of Minett.

C1.6.5 Recreational Amenities and Parkland

C1.6.5.1 Recreational amenities and open spaces shall be permitted in all land use designations of Minett.

C1.6.5.2 Active transportation networks are encouraged to be developed within Minett.

C1.6.5.3 Where deemed appropriate by the Township, a portion or all of the parkland dedication requirement may be met by providing public access to private recreational facilities, including a linked trail system.

C1.6.5.4 It is intended that open space areas within Minett shall be linked, and where possible, a continuous system of pedestrian trails be developed. Development of trail systems that will allow pedestrian access to and along the shoreline is encouraged.

C1.6.6 Non Red Leaves

C1.6.6.1 Given the limited amount of land within this designation, minor residential and commercial development is permitted on existing lots of record subject to Section C1.4.6.9.

C1.7 Implementation

C1.7.1 All development within the Minett Resort Village (except the Non Red-Leaves designation which is subject to Section C1.4. 6.9) shall only proceed on the basis of a Development Phasing Plan that has been approved by the Township with such a Development Phasing Plan being approved in conjunction with the Master Development Agreement required in Section C1.7.5 before any development occurs.

C1.7.2 The approval of the Development Phasing Plan and Master Development Agreement by Council shall only occur after all of the requirements of Section C1.7 have been met and shall occur before any lands in the Minett Resort Village are zoned to implement this Plan.

C1.7.3 The intent of the Development Phasing Plan is to ensure that the relative timing and development of the component parts of the Minett Resort Village support the planned function of the Minett Resort Village as a four-season resort commercial, tourist, and recreation focused area.

C1.7.4 The Development Phasing Plan shall for each phase identify the sequencing of the development of:

a) Resort-related uses and amenities;

b) Resort Commercial Accommodation Units;

c) Resort-Related Residential Uses, which shall only be developed when certain thresholds of resort-related uses and amenities have been achieved in accordance with Section C1.4.3.4 and which are developed in a manner that is in accordance with Sections C1.6.1.4 f) and g) and C1.6.2.4 f) and g);

d) Residential Dwelling Units, where permitted;

e) Accommodation for employees of the businesses in the Resort Village; and,

f) Infrastructure, roads, public use areas and public service facilities.

C1.7.5 It is intended that all development shall occur in accordance with the provisions of a Master Development Agreement that shall be supported by the following to the satisfaction of the Township and District:

a) A Development Phasing Plan identifying the location, nature and scale of proposed development in accordance with Section C1.7.4, and which specifically also identifies Areas of Use Limitation in accordance with Section C1.5.3;

b) A Master Height Plan that identifies the locations of higher buildings, with such a plan demonstrating that the proposed locations of higher buildings meets the intent of this Plan and are designed to blend in with the topography of the area;

c) A Master Servicing Plan identifying existing and proposed sanitary, water, stormwater management and waste management collection facilities;

d) A Master Parks Plan that identifies locations where all recreation related amenities, trails and public parkland can be located and which considers ways in which public access to the shoreline, while not mandated, can be achieved, if desired;

e) An Integrated Transportation Plan identifying existing and proposed integrated public, private, and condominium road networks;

f) A Traffic Impact Study that reviews the impacts of the full build-out of the development on the road network, with all required improvements to be carried out at no cost to the District and Township;

g) A Financial Impact Assessment that reviews the impacts of proposed development on the Township and the services it delivers, with such a study demonstrating minimal impacts on the Township's finances;

h) Urban design and architectural guidelines that are sufficiently detailed to provide guidance on the review of implementing site plan approval applications with these guidelines dealing with architectural styles and forms, height, massing, materials as well as site plan elements such as access, public spaces and facilities and, landscaping and which deals with tree preservation and planting;

i) A fire safety plan/life safety study that considers the implications of higher buildings on the provision of fire services; and

j) Other matters deemed appropriate by the Township and the District as it relates to the services it provides in order to ensure identification and integration of uses, facilities and infrastructure.

C1.7.6 Terms of reference for all of the studies identified in Section C1.7.5 shall be reviewed by the Township and/or District for completeness before they are initiated.

C1.7.7 The Township may apply holding provisions to certain lands to ensure that development occurs in a logical manner and in accordance with Section C1.7.4.

C1.7.8 To promote Minett’s function as a four-season resort commercial, tourist, and recreation focused area, the Township in conjunction with landowners shall consider the development of agreements to promote public access to the waterfront. In this regard, resort related amenities are encouraged to be available to the general public where appropriate.

C1.7.9 All development in Minett shall be subject to Site Plan Control and the following matters shall be addressed to the satisfaction of the Township:

a) Appropriate location of buildings and structures;

b) Retention or restoration of a natural vegetative buffer to prevent erosion, siltation and nutrient migration;

c) Maintenance or establishment of native tree cover and vegetation as terrain and soil conditions permit;

d) Appropriate location and construction of roads, driveways and pathways, including the use of permeable materials;

e) Implementation of stormwater management and construction mitigation techniques with an emphasis on lot level controls, low impact development practices and a treatment train approach to promote filtration, infiltration and detention, which may include proper re-contouring, discharging of roof leaders, use of soak away pits, other measures to promote infiltration, and silt fencing for temporary sediment control;

f) The establishment of dark sky compliant lighting on all structures with full cut-off fixtures being required in order to minimize light spillage into the surrounding environs, while maintaining safety; and

g) Securities and processes to ensure implementation and long-term monitoring and compliance with site plan agreements if required.

C1.7.10 Additional implementation measures as provided for in accordance with the Township of Muskoka Lakes Official Plan shall be considered and assessed when development applications are submitted.

C1.7.11 New development and/or redevelopment within Minett shall require the completion of studies in accordance with the Township of Muskoka Lakes Official Plan and as determined by the Township.

C1.8 DEFINITIONS

The following definitions are specific to Minett.

Residential Dwelling Unit:

A room or suite of habitable rooms located within a building and operated as a household unit, used or intended to be used as a domicile by one or more persons that contains cooking, dining, living, sleeping and sanitary facilities exclusively for the use by the owner and/or persons designated by the owner on a primary or seasonal basis.

Resort-Related Residential Dwelling Unit

A Residential Dwelling Unit that shall form part of a functionally integrated resort entity.

Resort Commercial Accommodation Unit:

The following constitutes a Resort Commercial Accommodation Unit:

a) A Unit without full kitchen amenities.

b) A self-contained Unit in a standalone structure with its main access via afront door, that contains no more than 1 kitchen and 3 bedrooms.

c) A Unit in structures with 2 or more units, with its main access via a private entrance from outside a building, or from a common hallway or stairway inside a building, that contains no more than 1 kitchen and 2 bedrooms.

d) Resort Commercial Accommodation Units shall be subject to the provisions outlined in Section C1.9.

Unit:

Includes any Resort Commercial Accommodation Unit, Resort-Related Residential Dwelling Unit and Residential Dwelling Unit, with or without kitchen facilities. For the purposes of calculating Unit equivalences in accordance with Sections C1.4.3.3, C1.4.3.6, and C1.6.2.4 i), a base line Unit size of 850 sq. ft. (79 sq. m.) Gross Floor Area shall be applied. Units with less than 850 sq. ft. (79 sq. m.) Gross Floor Area shall be counted as a single Unit. Units with greater than 850 sq. ft. (79 sq. m.) Gross Floor Area shall be counted as multiples of 850 sq. ft. (79 sq. m.). By way of examples, a Unit with 425 sq. ft. (39.5 sq. m.) Gross Floor Area shall count as 1 Unit, a Unit with 1,275 sq. ft. (118 sq. m.) Gross Floor Area will count as 1.5 Units, a Unit of 2,550 sq. ft. (237 sq. m.) shall count as 3 units. Minor deviations from the measurements contained in this definition can occur without Amendment to this Plan provided the intent of the Plan is maintained.

Travelling & Vacationing Public:

The Travelling & Vacationing Public are persons who seek overnight accommodation. Unit Owners of property within Minett, whether that property is a Residential Dwelling Unit, Resort-Related Residential Dwelling Unit or a Resort Commercial Accommodation Unit, are not considered members of the Travelling & Vacationing Public while occupying their property within Minett.

Unit Owner:

For the purposes of this definition, a Unit Owner, in the case of owners who are not individuals, shall include each person who owns an interest in such property (whether through use of corporations, partnerships, trusts or other entities owned or controlled by such persons). For the purposes of evaluating owner usage of their Units in accordance with Section C1.9, “Unit Owner” shall include the individual owner(s) and/or the individuals who own an interest in such property as described above and shall include their immediate family and guests.

Gross Floor Area:

Gross Floor Area (GFA) shall be defined in accordance with the implementing Zoning By-law.

C1.9 RESORT COMMERCIAL ACCOMMODATION UNIT USE PROVISIONS

The specific conditions of the provision for the use of a Resort Commercial Accommodation Unit by a Unit Owner, as defined in Section C1.8, shall be articulated in binding Owner Usage Agreements signed by the Unit Owner and the Resort, if the Unit is owned by a Unit Owner as defined. These conditions shall also be stipulated in the Resort’s Conditions of Condominium Description with the District and the Condominium Agreement with the Township, if a Plan of Condominium is proposed.

A. Below are the rules under which a Resort Commercial Accommodation Unit shall be used if the resort is open year-round, and if the Unit is owned by a Unit Owner as defined:

a) The Unit can be used by the Unit Owner for a maximum of 26 weeks per calendar year and a maximum of 26 weeks can be blocked-out by the Unit Owner in advance, up to a maximum number of weeks per year (subject to subsection b)) as set out in the implementing zoning by-law.

b) The Unit Owner shall be entitled to use the Unit for a maximum of 4 weeks during the months of July and August. These 4 weeks shall be taken in periods of at minimum 7 consecutive days. These 4 weeks must be reserved in advance through the on-site or central management systems. For the balance of July and August, the Unit must be made available to rent via the Resort’s mandatory rental program.

c) The Unit must be made available to rent via the Resort's mandatory rental program a minimum of 26 weeks per year, which includes the portions of July and August as per sub-section b).

d) There is no minimum use of a Unit by the Unit Owner and the Unit can be in the Resort's mandatory rental program for the entire year.

e) The Unit Owner may exceed the maximum 26 weeks per year occupancy where a reservation is not made more than seven days in advance and the Unit has not already been reserved by the public. Such reservations shall not be made more than seven days in advance of the vacancy period and must not encroach upon nor compromise the integrity of the subsequent regular rental period.

f) All sales documents and agreements shall affirm that the Unit is Commercial in nature and cannot be occupied as a residence.

B. Below are the rules under which a Resort Commercial Accommodation Unit shall be used if the resort is not open year-round if the Unit is owned by a Unit Owner as defined:

a) The Unit can be used by the Unit Owner for no more than 50% of the weeks that the resort is open and this maximum number of weeks can be blocked- out by the Unit Owner in advance, up to a maximum percentage of the weeks the resort is open (subject to subsection b)) as set out in the implementing zoning by-law.

b) The Unit Owner shall be entitled to use the Unit for a maximum of 4 weeks during the months of July and August. These 4 weeks shall be taken in periods of at minimum 7 consecutive days. These 4 weeks must be reserved in advance through the on-site or central management systems. For the balance of July and August, the Unit must be made available to rent via the Resort’s mandatory rental program.

c) The Unit must be made available to rent via the Resort's mandatory rental program a minimum of 50% of the weeks that the resort is open, which includes the portions of July and August as per sub-section b).

d) There is no minimum use of a Unit by the Unit Owner and the Unit can be in the Resort's mandatory rental program for the entire time the resort is open.

e) The Unit Owner may exceed the maximum 50% of the weeks that the resort is open where a reservation is not made more than seven days in advance and the Unit has not already been reserved by the public. Such reservations shall not be made more than seven days in advance of the vacancy period and must not encroach upon nor compromise the integrity of the subsequent regular rental period.

f) All sales documents and agreements shall affirm that the Unit is Commercial in nature and cannot be occupied as a residence.

C. Resort Commercial Accommodation Units shall:

a) Have access to all of the onsite facilities provided by the Resort, which may include a spa, restaurants, pools, tennis or other courts, trails, golf, waterfront amenities including docks, swimming area, beach, access to a variety of boats, boathouse, meeting rooms, breakfast facilities, retail facilities, common areas, conference facilities;

b) Be operated by central management with a presence on site;

c) Be supported by resort facilities that are available to all guests on the property;

d) Have access to ongoing services (housekeeping, security, etc.);

e) Have access to recreational programs associated with the amenities;

f) Not be entitled to receive mail at the Unit;

g) Be included in a permanent, compulsory rental program to ensure ongoing availability of the Unit to the Travelling & Vacationing Public at all times that the resort is open and when the Unit is not otherwise entitled to be occupied by the Unit Owner if the Unit is owned by a Unit Owner as defined;

h) Not be accessible by the Unit Owner when the resort is closed if the Unit is owned by a Unit Owner as defined; and

i) Participate in a mandatory Furniture Fixture and Equipment (FF&E) program and Unit Owners are not entitled to provide their own furnishings nor to make alterations to their Unit if the Unit is owned by a Unit Owner as defined.