ISTRIO MUNICIPALITY OF MUSKOK

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1 ISTRIO MUNICIPALITY OF MUSKOK PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO PI L 1 N3 Telephone (705) OR (705 area code) Fax (705) YM mttskoks or! cs TO: FROM: Chair and Members Planning and Economic Development Committee Trevor Hawkins Planner DATE: July 21, 2006 SUBJECT: Condominium File No. C (Dairy Lane Heights) Submission for Draft Approval REPORT NO: PED RECOMMENDATION THAT Condominium Description File No C2005-9, (Dairy Lane Heights) in the Town of Huntsville be approved, as detailed in Schedule 'A' to Report No PED ORIGIN An application for the above noted draft plan of condominium was submitted on December 15, 2005 and accepted as a complete application on December 21,2005 On April 21, 2006, the applicant submitted a request to revise the application from a Phased Condominium involving two (2) separate buildings and 53 units to a Standard Condominium involving one (1) building and 24 units (a separate application for the second building is anticipated for later this year). The amended application was accepted as complete on May 5, 2006 ANALYSIS Location and DescrNtion The subject property is 0 53 ha (1 31 acres) in size and is located on the east side of Centre Street, near the intersection of Centre Street and West Road (Muskoka Road 2) The legal description of the subject lands is Part of Lot 13, Concession 2, Geographic Township of Chaffey, in the Town of Huntsville, District Municipality of Muskoka A location map is attached to this report Proposal The proposed condominium description consists of one fou~storey apartment building containing 24 residential units. 'The building is currently under construction and is nearing completion.. Each of the units is to have an exclusive balcony or patio, storage area and parking space (a total of 36 parking spaces are provided). This proposal is to be developed on municipal water and sewer services and is to be accessed from a private right-of-way that connects with Dairy Lane. Manay in9 Our Ley acy Toyethey

2 Site Characteristics The subject property is well vegetated at the sides and rear and is located on a ridge overlooking West Road and Centre Street. Context and Surrounding Land Uses The property is currently under construction and is surrounded by a mix of residential and commercial uses To the south and west are commercial uses To the east is a 12-unit townhouse development On the southwest corner of Dairy Lane and Centre Street North is a 51-unit condominium development known as "Algonquin Landing" The proposed development will add to the mixed-use character of the area and will provide residents with shopping opportunities in the immediate vicinity, as well as the nearby downtown area There is parkland in the nearby Silver Oaks subdivision to the north and parkland available at Huntsville Public School to the south Supporting Documentation A Preliminary Storm Water Management and Construction Mitigation Plan was submitted with the application The report states that the majority of the storm water runoff will flow towards the designated storm water retention facility before being discharged into the municipal storm drains As the Town of Huntsville would be responsible for ensuring that storm water management is undertaken in accordance with the site plan agreement, a draft condition has been included which requires that storm water works be completed to the satisfaction of the Town prior to final approval of the condominium description,planninq Documents Provincial Policy Sfatement The 2005 Provincial Policy Statement (PPS) would apply to this application and encourages development that efficiently uses land, resources and infrastructure The proposal would appear to be consistent with the Provincial Policy Statement. Muskoka Official Plan The subject lands are located within the "Urban Centre" designation of the Muskoka Official Plan The Muskoka Official Plan recognizes "Urban Centres" as the focus of development and anticipates their continued growth in population and physical size Section D 5 of the Muskoka Official Plan requires that substantial development proceed on the basis of municipal water and sewer services, and this proposal would comply with this policy The proposal would appear to generally conform to the Muskoka Official Plan Local Official Plan The applicant previously submitted an Official Plan Amendment (since approved) that redesignated the subject lands as Special Policy Area 8 (SPA-8), which permits the proposed multiple residential development. The proposal would appear to generally conform to the Town of Huntsville Official Plan. Town of Huntsville Zoning By-law 74-8 Concurrent with the above noted Official Plan Amendment, the applicant submitted a zoning bylaw amendment (since approved), which permits the proposed multiple residential use

3 Circulation Town of Huntsville Council has approved a site plan agreement and has indicated that they have no objection to the approval of the proposed draft plan of condominium description, subject to certain conditions, which have been incorporated into the attached Schedule 'A'. In particular, Town Council has requested 3% cash-in-lieu of parkland due to a previous commercial severance in which 2% cash-,in-lieu of parkland was taken. Since that time, the lands have merged in title and are once again, a single parcel. Combined, the two parkland dedications will amount to the 5% dedication permitted in the Planning Act. Muskoka Engineering and Public Works staff requested that easements be registered for the water and sewer lines for both properties to the satisfaction of the District Solicitor (the subject lands as well as the retained lands that will eventually contain the second building). Condition 1 in the attached Schedule 'A' addresses this request and the District Solicitor is required to clear that condition prior to final approval. No further comments were received Recommended Condifions Staff have reviewed the Provincial Policy Statement, the Muskoka Official Plan and the Town of Huntsville Official Plan, and are of the opinion that, subject to the conditions set out in Schedule 'A' attached herein, the proposal conforms to all relevant Provincial and Municipal planning policy Respectfully Submitted, Trevor Hawkins, M PL, MCIP, RPP Planner

4 SCHEDULE 'A' C "Dairy Lane Heights" CONDITIONS OF APPROVAL Part A The "Dairy Lane Heights" plan of condominium, File No C2005-9, prepared by Robert M. McDermott Surveying Limited, dated November 7,2005 and revised April 19, 2006 on Part of Lot 13, Concession 2, Chaffey Ward, Town of Huntsville, The District Municipality of Muskoka, is approved subject to Part B herein.. Parf B General Conditions 1.. Easements as may be required for access, utilities, drainage or other purposes shall be granted to the Town of Huntsville, District of Muskoka and any other authority or party as may be required 2. Prior to final approval being granted, storm water management works shall be completed to the satisfaction of the Town of Huntsville 3 Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied that the owner has provided a copy of the final plan in digital format in accordance with The District Municipality of Muskoka Digital Draft and Final Plan Submission Requirements Parkland 4 The owner shall convey lands in the amount of 3% of the land included in the condominium description to the Town of Huntsville for park or other recreational purposes pursuant to the Planning Act, R S , as amended Alternatively, the Town may require cash-in-lieu of all or a portion of the parkland dedication in accordance with the Planning Act, R S , as amended Area Municipal Agreement 5 Prior to final approval being granted, the owner shall ensure, to the satisfaction of the Town of Huntsville, that the condominium description is in compliance with the requirements of the site plan approval by the Town, as amended, pursuant to the Planning Act, R S , as amended Clearance Letters 6. Prior to final approval being granted, the Town of Huntsville shall advise the District in writing that conditions I, 2, 4 and 5 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied. These Conditions of Approval are a-ttaciied as Sctiedtile 'A' to Report No. PED artd approved by Resolution No of the Planning and Eco~>o~~c De~/e!opmeni Comrni-ttee on

5 7. Prior to final approval being granted, the District Solicitor shall advise in writing that condition 1 has been complied with to his satisfaction with a brief and concise statement detailing how the condition has been satisfied Final Approval 8 The final plan for registration must be in registerable form together with all necessary instruments or plans describing an interest in the land 9.. Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan District Development Charges Part C 10.. District Development charges are required to be paid in accordance with By-law , as amended from time to time. Lapsing Provision In the event that the owner fails to fulfill the conditions of draft approval on or before August 10, 201 1, the approval herein granted shall be deemed to have lapsed pursuant to the Planning Act, R S , as amended These Conditions of Approval are atiacherl~s Schedule 'A' to 2epoi-i No PED nd approved by Resolution No of the Plannlfig and Economic Dsvelopment Cornmigee oil

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7 C D U M E R C l A L U S E TOWN OF I-IUNTSVILLE, V A C A N T I A N 0 ~IPIU~~~EIBILRAN~E~POI~UNI~~~ON LweL I b)mlconibs TO,< UNITS ON LEVELS linlll i) PhKKlNG SmL'BS ON LEVEL h 1lSiOilhOO LOCKCREIDK VNI'ISONLI!YBLS 1.1.3nnd.I a IKOADWAYS AND ACCESS ASSHOWN ON DilhlrlIILAN 1". LLBVhTlUN01'UNIISAS SIIO\VNON S111~PI'301:1>111\1'1'i'LAN r. TYPICAL SliC IlON OFUNIISNOTAYhlLhULE ISHOW IN WBAW OUTLINEI ANDTHEIRRELATIONSHII'TOTHE ADJACENTLANDS ARB CORRECTLY SHOWN ON TIIIS PLAN. 11 Centre Street South, Su~te 102 Huntsville, ON Phone: (705) Fax: (705) ~OICIKO IWZOE. PRESIDE~T DATE ROBER~M ICCDE~IOTI. OL.S "l >,&YE THE ALmHORITY TO B ID THE COWGR4TION" ROBERTM McDERMOTT SUEYEYMOLlMll ED ONTARIOLAND SURVEYORS I26BKIDGEDALECRESCENT PORT SYDNEY, ONTARIO, POB 1LO

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10 7 THE COl3.PORATIO.N OF THE TOWN OF HUNTSVILLE Huntsville Town Council Date: June 49,2006 Moved by: -c n?':' Seconded 5 BE IT RESOLVED THAT: Report, Refere d No.. PL prepared by Jacquie Tschekalin, Intermediate Planner, dated June 19, 2006, regarding the "Draft Plan of Condominium C (Dairy Lane)", be received; AND FURTHER THAT: the District Municipality of Muskoka be advised that the Council of the Town of Huntsville has no objection to the approval of the Draft Plan of Condominium as attached hereto (file No. C2005-9, Part of Lot 13, Concession 2, Geographic township of Chaffey, Town of Huntsville) subject to the following conditions being fulfilled prior to the registration of the Plan: i) Red-lined changes on the retained lands being provided as right-of-ways and easements to Phase I on the final plan; ii) A right-of-way, shown red-lined in Phase I being granted to the retained lands; iii) 3% cash-in-lieu of parkland dedication for Phase I being provided to the Town of Huntsville; iv) A fire &ute to service Phase I being provided, to the satisfaction of the Fire Chief of the Town of Huntsville; and v) The existing Site Plan Agreement, registration number MT10365, being amended to reflect development on both Phase I and Phase II lands, and registered on title PLANNING & ECONOMIC DEVELOPMENT Commissioner Director Manager echnician B Administration DATE RECEIVED Please Initial and circulate a n m 2W6 [ TOTAL: 1

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