rcr MUNICIPALITY OF MUSKOKA

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1 THE rcr MUNICIPALITY OF MUSKOKA , PLANNING AND ECONOMIC; DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO PI L 1 N3 Telephone (705) OR (705 area code) Fax (705) 646-,2207 www muskoka.on.. ca TO: FROM: Chair and Members Planning and Economic Development Committee Samantha Hastings Director of Policy and Programs DATE: April 16, 2007 SUBJECT: Proposed Public Lands Act Policy Environmental Registry Notice REPORT NO: PED RECOMMENDATION THAT' the Province of Ontario be advised that the sale of large tracts of crown land and individual cottage lots on any lakes in Muskoka continues to be unsupported by the District of Muskoka ORIGIN A notice was posted on the Environmental Registry on March 27, 2007 advising that the Ministry of Natural Resources (MNR) intends to revise Public Lands Act Policy PL in order to provide consistency in approach to the disposition of crown lands adjacent to lake trout lakes ANALYSIS Dating back to 1983, MNR's District Land Use Guidelines have advanced a precautionary approach to the management and disposition of Crown land adjacent to lake trout lakes, including a moratorium on the sale of Crown land cottage lots on lake trout lakes Since 1995, the Ministry has been implementing this approach on an interim basis, particularly in Northern Ontario, where most designated lake trout lakes are found This policy proposal is intended to ensure consistent application of this policy across Ontario The principle of the policy proposal is that the Ministry will not sell vacant, undeveloped Crown land, where the sale of Crown land could subsequently lead to lakeshore capacity development impacts to lake trout habitat The Ministry may however sell Crown land on lake trout lakes through application of the Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects and consideration of other Public Lands Act policy directives where there is adequate lakeshore development capacity on put-grow-take lake trout lakes; disposition relates to an existing occupation of Crown land with occupational authority (e..g. land use permit, lease, licence of occupation); or disposition is recognized as not having a significant impact upon lake trout habitat (e.g shore road allowances, existing encroachments) This proposed policy only applies to Crown land and does not directly affect land use planning and development of private lands administered through the Planning Act.. Manay iny Our Ley acy TOY ether 11

2 Muskoka District Council has previously advised the Province that the sale of large tracts of Crown land and new waterfront cottage lots in Muskoka is generally not supported by Council The previous staff report and letter to MNR is attached as Appendix I Staff recommend that Muskoka District Council's position be reiterated to the Province at this time Respectfully submitted,. 7 A Samantha ~a/stin~s, BES, MCIP, RPP Director of Policy and Programs

3 Appendix I PLANNING AND ECONOMIC DEWELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1 L 1 N3 Telephone (705) Fax (705) (705 area code) on. ca MEMORANDUM TO: FROM: RE: The Chair and Members Planning and Economic Development Committee Samantha Hastings Disposition of Crown Land DATE: December 8,2003 THAT the Planning and Economic Development Committee recommend that Muskoka District Council advise the Ministry of Natural Resources that the sale of large tracts of Crown land and existing or new waterfront cottage lots is generally not supported by Council; AND THAT the sale of lots within Crown Town plots should occur only when the lot and the development proposed comply with Official Plan policies for new lots and the Area Municipality has been consulted; AND THAT the sale of existing private recreational hunt and fish camps or the sale of small parcels to correct existing situations should occlir only after the criteria outlined in the staff report of December 8,2003 are considered; AND FURTHER THAT municipalities should be given the first right of refusal on vacant Crown lands identified for sale. At its meeting held September 30, 2003, the Council of the Township of Lake of Bays passed the following resolution: That Council indicate to the Ministry of Natural Resources that the Corporation of the Township of Lake of Bays has no concerns with the disposition of Crown Land Private Recreational Camp Sites (hunt camps) provided that the following matters are addressed to the satisfaction of the Township: i) that the sites are legally accessible; ii) iii) thaf adequate water supply and sewage disposal facilities exist; and thaf the sites are zoned to recognize the use and that limited municipal services are available.

4 At the request of the Planning and Economic Development Committee, staff were to bring forward a report respecting the sale of Crown land for the consideration of the Committee. Background MNR has always sold or leased Crown land and will continue to do so. MNR staff have advised that the Ministry has recently modified its approach to the disposition of Crown land from one of encouraging the limited sale of land, under the Strategic Land Initiative of the late 1990s to one of ensuring a sustainable revenue source through obtaining fair market value for the rent or sale of Crown land. As a result, from time to time, the Ministry identifies Crown land parcels that will be made available for purchase or rent. These properties are screened before being marketed to ensure that they are not ecologically important, and are surplus to the expected future needs of the government and the public. The Ministry also responds to requests initiated by individuals to purchase specific parcels of Crown land. Information from the Ministry indicates that these parcels are reviewed in light of a number of criteria, including ecological values, potential impacts to neighbouring land owners or public users, potential economic and/or social benefits or negative impacts that would result from the proposed use, MNR Land Use and Resources Management Plans, native land claims and municipal zoning by-laws and Official Plans. MNR staff have advised that all Crown land disposition is subject to the "Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects". The purpose of the Class Environmental Assessment is to provide efficient and effective screening, evaluation and consultation processes that are appropriately matched to projects within the class to ensure that MNR and its partners take into account potential e, environmental impacts. In addition, MNR specifically requests comments from the District of Muskoka and the Area municipalities prior to the sale of a parcel of Crown land. The sale of Crown lands in Muskoka can be grouped into four main categories. These include existing recreational hunt and fish camps, Crown town plots, Crown waterfront subdivision (cottage) lots and other lands, and Muskoka's potential concerns vary for each. Recreafional Hunf and Fish Camps In 1999, MNR requested input from Muskoka and the Area municipalities regarding its proposed program to dispose of private recreational hunt and fish camps. Responses were forwarded by Muskoka, the Town of Bracebridge and the Townships of Georgian Bay and Lake of Bays. The Muskoka, Bracebridge and Georgian Bay Council resolutions outlined general criteria by which such proposals should be assessed. The Township of Lake of Bays opposed the sale of these crown lands. The reports from these municipalities are attached for information. Muskoka's recommendations outlined additional criteria for MNR's consideration when reviewing the disposition of private hunt and fish camps, including the provision of long term access to the site, a secured hunting area to ensure public safety, adequate area for onsite waste disposal and water supply, long term settlement patterns and consultation with the Area and District municipalities. There are approximately 50 private hunt and fish camps within Muskoka, most of which are in remote rural or waterfront areas. MNR is currently reviewing the appraisals of these camps and

5 until such time as these appraisals are complete, the sale of these crown lands has been suspended by the Ministry. In the meantime, the Township of Lake of Bays has revisited their previous position and adopted the position noted above. This revised position is similar to that taken by Muskoka and other Area municipalities in At this time, Muskoka's previous recommendations to MNR would appear to remain appropriate, with one possible exception. In speaking with MNR staff, it has become apparent that Muskoka's recommendation for a secured hunting area for public safety would be difficult to address. Given the character of Muskoka's rural area and the tradition of recreational hunting, staff would recommend that this criterion be abandoned. Staff therefore recommend that the Ministry be advised that the disposition of private recreational hunt and fish camps only occur after considering the following criteria: Other Lands 1. Proper long term access to the site to address the issue ~f maintenance, ownership and the provision of services. 2. Adequate area and site for onsite waste disposal and water supply. 3. The lot should be consistent with long term settlement patterns of the municipality. 4. Consultation with the Area municipality and the District of Muskoka, where appropriate. Generally, the criteria being recommended for consideration for the sale of recreational hunt and fish camps should also apply to the sale of lands to correct existing situations such as lot encroachments or to increase the size of an existing lot to address a specific issue or concern. However, the sale of large tracts of rural lands with the potential for significant environmental and social (character, aesthetics, traffic) impacts if developed, should not generally occur. Crown Town Plots An example of an old town plot would be the Town plan for Muskoka Falls. The sale of these lots would not appear to be of concern provided that the lots and the development proposed comply with municipal Official Plan policies for new lots in order to ensure that the lots meet today's standards and are suitable for development. The municipality should also be consulted prior to the sale of the lands. Crown Land Subdivisions In 1974, a moratorium was placed on the sale of existing Crown land waterfront cottage lots in southern Ontario (ie. south of the French River). In the late 1990s, this moratorium was lifted, although to date no lots have been sold in Muskoka. Prior to the sale of Crown cottage lots, an amendment to the MNR District Land Use Guidelines and Crown Land Atlas would be required. This public process has not been initiated. The potential sale of existing or new Crown cottage lots would be of concern for Muskoka for several reasons. Firstly, Muskoka's recreational water quality model assumes that vacant crown cottage lots will remain vacant. The sale and subsequent development of these lots would potentially affect recreational water quality capacities.

6 Secondly, many smalier, remote lakes which are totally surrounded by Crown land exist in Muskoka. If these lands were sold, a significant public resource would be lost. Furthermore, large expanses of undeveloped, natural shorelines contribute to the overall character of many of our lakes. The long-term maintenance of Crown land for the public good should therefore be encouraged in order to preserve our natural heritage and also allow for future public access to the waterfront. In summary, there appears to be general consensus amongst the Muskoka and Area Planners that the sale of Crown waterfront cottage lots would not generally be recommended, except for a situation where a lot line adjustment is required to account for an existing situation. In all cases, and as the District has indicated to MNR in the past, municipalities should be given the first right of refusal on vacant crown lands identified for sale. Respectfully submitted, Samantha ~asti&s, BES, MCIP, RPP Director of Policy and Programs

7 To: From: Mayor Pinckard and Members of Council Derrick A. Hammond, Planner Date: September 23,2002 Subject: SaleLease of Crown Land Private Recreational Camp Sites (Hunt Camps) RECOMMENDATION: That Council indicate to the Ministry of Natural Resources that the Corporation of the Township of Lake of Bays has no concerns with the disposition of Crown Land Private Recreational Camp Sites (hunt camps) provided that the following matters are addressed to the satisfaction of the Township: I i) that the sites are legally accessible; ii) that adequate water supply and sewage disposal facilities exist; and iii) that the sites are zoned to recognize the use md that limited municipal services are available. In 1999, the Ministry of Natural Resources requested comment on a proposal to sell or lease existing Crown land private recreational campsites (hunt camps). Staff presented a report to Planning Advisory Committee at their meeting of February 3, 1999, and the following resolution was adopted: Whereas the Ministry of Natural Resources presently authorizes the private recreational camp sites on Crown land under the authority of a Land Use Permit (Z. UP.) or License of Occupation (Z. 0.); and Whereas a recentpolicy change under the Strategic Lands Initiative may result in a change of land tenure by providing an opportunity to "sell or lease" the site to the existingpermit or license holder; Be it resolved that the Planning Advisory Committee of the Corporation of the Township ofluke ofbays is opposed to the sale of Crown landprivate recreational camp sites. Staff have been requested to bring this item forward for Council's re-consideration.

8 ANALYSIS : Official Plan Policy: Since the Planning Advisory Committee reviewed this matter in February of 1999, the Township adopted its new Official Plan in March of The following portions of the Plan provide guidance on the S ale/lease of Crown Land Private Recreational Camp Sites (Hunt camps). Crown Lands While the Township does not have the authority to control development on Crown Lands, as provided for under Section 6 of the Planning Act, provincial plans and undertakings should have regard for the policies of the Official Plan (Section A.9). In this regard, the Plan discourages the release of crown land for private development within the Township. However, where such land is to be released by the Province, it should only occur in consultation with the Township and in conformity with this Plan (Section C.35). Should such lands be divested, as they are located within the rural area of the Township, the "Rural" designation policies would be applicable. Rural Designation: The Plan recognizes that the character of rural area involves large areas of relatively remote and undeveloped land which provide for outdoor recreational activities such as hunting (Section I.14). In terms of preserving that character, the Plan requires that permitted uses be appropriate and maintain a low density of development through the conservation of elements that contribute to the rural character in the location and design of development (Section I. 16). The Plan also identifies ihat hut camps are a permitted use in tjne rural area (Section 1.24). Conclusion: If the Official Plan recognizes hunt camps being located within and forming part of the character of the ma1 area, the tenure of ownership of these uses is not an issue. However, it is important that the conveyance of Crown Lands occurs in conformity with the Official Plan. To ensure that this is the case, Council will want to ensure that with the sale of each of the hunt/fish camp, that there is an opportunity for the Township to ensure that: i) the sites are legally accessible; ii) that adequate water supply and sewage disposal facilities exist; and iii) the sites are zoned to recognize the use and that limited municipal services are available. These matters could easily be addressed through conditions of purchase and sale. It is important to note that this report does not apply to the sale of Crown land for use as cottage lots in waterfi-ont. This type of use would involve a review of other applicable policy within the Plan. Respectfully submitted, Derrick A. Hammond, MA, MCIP, RPP

9 -- THE DISTRICT MUNICIPALITY OF MUSKOKA PMNNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 TELEPHONE (705) (In 705 area code) FAX (705) MEMORANDUM TO: FROM: RE: Chair Brownlee and Members Planning and Economic Development Committee Judi Brouse Director of Long Range Planning Proposed SaieILease of Crown Land Private Recreational Camp Sites DATE: February 26, 1999 RECOMMENDATION That Planning and Economic Development Committee recommend support of the report of the Director of Long Range Planning dated January 22, 1999 and that the report be forwarded to the Ministry of Natural Resources for their consideration ORIGIN The Ministry of Natural Resources has requested comment on a proposal to sell or lease existing Crown land private recreational campsites (huntjfish camps). ANALYSIS Attached is a copy of the request for comment from the Ministry of Natural Resources, which details a proposal to sell/lease Crown land private recreational campsites (hunt camps). There are forty-six (46) sites located in Muskoka as detailed on the attached schedule. As noted by the Ministry of Natural Resources, the sales or lease of the one-acre site associated with these structures will provide long-term tenure and "exclusive possession7' rights to the camp holder. The impact of this change on long term municipai planning and development should be considered. The sale of Crown land recreational campsites may have a significant impact on the types of uses that occur on a particular site and the long-term requirement for municipal services. If a Crown lot was to be sold/leased the following municipal issues should be considered: 2. Accessibility of the site: most of the sites identified on the schedule are located in the rural area and it is unclear as to the type of access. Municipal access policy encourages year round

10 municipal road access for development in the rural area to ensure a variety of services can be provided at an acceptable level, I' 2 Requirement for upgrading of the site: Municipal policy requires that residential sites be properly serviced with on-site sewage and water facilities Recent studies of private services in the rural area indicate that an appropriate lot size is one (1) hectare, one acre is generally too small to provide adequate environmental protection over the long run where water supply is ground water. 3. Municipal development policy: although low density residential development, including hunt camps, is envisioned in the rural area, it is not recommended that landlocked lots be created especially in more remote areas of the municipalities where services may be hard to provide.. 4 Fragmentation of Crown land: the sale or lease of small blocks of Crown land as proposed leads to the fragmentation of Crown land. Once people own their hunt camps, there is a natural desire to upgrade facilities, enlarge structures, use for longer periods of time and define private use areas In addition to the criteria identified by the Ministry of Natural Resources, the following additional criteria should be considered in determining appropriate Crown land recreational camp sites for sale: 1. Proper long-term access to the site to address the issue of maintenance, ownership, and the provision of services. 2. A secured hunting area to ensure the safety of the public using the surrounding public lands. 3. Adequate area and site for onsite waste disposal and water supply- 4. Rationalize the lot in terms of the long-term settlement pattern of the municipality. 5. Consultation with the Area Municipality affected and the Districl of Muskoka where appropriate Respecthlly submitted Judi S. Brouse MA, MCIP, RPP Director of Long Range Planning

11 MEMO TO: MEMO FROM: SUBJECT: DEVELOPMENT SERVICES COMMITTEE RUTH SMITH, MCIP, RPP. & JILL STROUD, BES. PROPOSED SALElLEASE OF CROWN LAND RECREATIONAL CAMP SITES DATE: JANUARY 28,1999. Ministry of Natural Resources Pro~osal The Ministry of Natural Resources is currently reviewing the tenure status of all Crown land private recreational camp sites to determine those sites that would be eligible for sale or lease. A private camp site on Crown land is generally known as a huntlfish camp. There are currently no possession rights on these sites. The existing authorization provides "Right to Use" only. The area authorized is generally remote and one acre in size. Official Plan Policies The identified camp sites in the Bracebridge planning area are in Oakley Ward and Draper Ward and designated Rural in the Official Plans of both the District and the Town. Development in the Rural designation shall generally front on and have access from a year round publicly maintained road. Lands that do not have frontage on such road shall be limited in use to resource management or exploitation uses; and at a minimum be maintained on existing lot sizes. In the Rural area isolated development shall be discouraged. The creation of a new lot shall not effectively isolate or landlock land. Zonina Bv-law The eight (8) identified camp sites in the Bracebridge planning area (see attached map) are zoned Rural (RU) by By-law Lots in the Rural (RU) zone shall be a minimum of 10 acres with 400 feet of frontage on a publicly maintained road. Traditionally, hunt camps in the Bracebridge area are constructed on large parcels of land comprising a minimum of 100 acres. Concerns The creation of these small (1 acre) lots for huntlfish camp purposes without proper access does not meet the minimum requirements of the Official Plans of both the District and the Town and does not conform to zoning by-law provisions. One acre parcels are generally too small to provide adequate area for private services (on site water and sewage facilities). Once privately owned, recreational camp sites could evolve into seasonal residences. Recornmenations It is recommended that if Crown land is sold for hunt camp purposes, the sites should have public road access and a minimum lot area of 100 acres.. Procedure should assert that the use of the sites is for hunting purposes only, ensuring &t cottage type development will not occur.

12 PLANNING REPORT A TO: FROM: Planning Advisory Committee David Parks, Township Planner DATE: February 18&, 2000 SUBJECT: Ministry of Natural Resources - Hunt Camps Background The Ministry of Natural Resources is proposing to sell eight Recreational Camps in the Township of Georgian Bay as shown on the attached map. The Township Planning Department reported on these camps in February of 1999, report attached, and the Ministry of Natural Resources came as a delegation to Council in April Discussion The property the Ministry is considering to sell should be a minimum of 400 feet of frontage and 1 acre. The Township's Zoning By-law will have to be amended to recognize the development. The sale should contain a number of clauses on title explaining that certain services will not be available, such as road maintenance, garbage pick-up, fire service, etc,, due to their remote locations. Recommendation That the Planning Advisory Committee recommend to Council that the Ministry of Natural Resources be required to hlfill the following requirements as a condition of any sale of Recreational Camps in the Township of Georgian Bay: 1. The lot sizes be a minimum of 2 acres and 400 feet of frontage; 2. The lands be rezoned to permit a remote recreational camp; and 3. The warning clause be placed on title indicating that the Municipality has no obligation to - provide services to the property due to its remote location.

13 PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO Pl t ln3 Telephone (705) Fax (705) (705 area code) ca January 12,2004 Mr. Robert Griffiths District Manager Ministry of Natural Resources 7 Bay Street Parry Sound, ON P2A 1 S4 Dear Mr. Griffiths: Re: Disposition of Crown Lands At its meeting held on January 5, 2004, Muskoka District Council endorsed the following recommendation, as forwarded by the Planning and Economic Development Committee: THAT the Planning and Economic Development Committee recommend that Muskoka District Council advise the Ministry of Natural Resources that the sale of large tracts of Crown land and existing or new waterfront cottage lots is generally not suppotted by Council; AND THAT the sale of lots within Crown Town plots should occur only when the lot and the development proposed comply with all Official Plan policies for new lots and the Area Municipality has been consulted; AND THAT the sale of existing private recreational hunf and fish camps or fhe sale of small parcels to correct existing situations should occur only after the criteria outlined in the staff report of December 8,2003 are considered; AND FURTHER THAT municipalities should be given the first right of refusal on vacant Crown lands identified for sale. The related staff report is attached for your information. Should you have any questions, please do not hesitate to contact Samantha Hastings at this office. Cc: Debbie Pella Keen Linda Martin