First Case Management Conference Held
June 2024 Update
A second Case Management Conference regarding the township of Muskoka Lakes Official Plan appeal has been set for September 11, 2024, at 10:00 a.m. We will keep you posted with any further updates. Your financial support is greatly appreciated and allows Our Muskoka to carry on fighting for balance within the policies at the Ontario Land Tribunal.
May 2024 Update
On March 21, 2024, the Ontario Land Tribunal conducted the first Case Management Conference for the Township of Muskoka Lakes Official Plan. Our Muskoka has appealed against several policies, and we are actively participating in the process. Currently, we are waiting to know which additional parties will be granted status to participate in the appeal. The next Case Management Conference is scheduled to take place in September 2024.
Official Plan Approved with Modifications by District
December 2023
On November 20, 2023, the Muskoka District Council approved the TML Official Plan which was adopted by Township of Muskoka Lakes By-law No. 2022-171 and amended by Township Resolution PLN-7-14/09/23. A Date of Notice was issued December 1, 2023, therefore making the last date of appeal December 26, 2023. Our Muskoka with the help of our planners and lawyer has pulled out policy numbers of concern but needs your help financially to fight these policies from being permanently in place. Our top list consists of issues with Site Plan Control, Grandfathering, RCC, and Causation studies. For your convenience please find the latest draft of the new Official Plan, the revised Notice of Decision from the District and Our Muskoka’s November 16, 2023 letter to the District of Muskoka.
Official Plan Updated October 2023
On October 11, 2023, the Township of Muskoka Lakes, TML, Council met and approved the updated draft of the Official Plan to send off to the Approval Authority’s, District of Muskoka, for approval. As you can see from the Staff Report and Latest Version of the Official Plan there are still many areas of Concern for Our Muskoka. Please reference our letter, September 13, 2023, regarding Our Muskoka’s take on the latest version of the Official Plan.
Official Plan Update June 2023
With Bill 23 and then Bill 97 coming into place province-wide we are currently monitoring the situation between the District of Muskoka and the Township of Muskoka Lakes regarding the changes to the Official Plan and how it will effect the residents and cottagers alike here in Muskoka.
Draft 3 Official Plan- Adoption of Plan
At the Council meeting Wednesday, October 12, 2022, it was decided 7 (Bridgeman, Edwards, Hayes, Jaglowitz, Kelley, Mazan, Roberts) to 3 (Nishikawa, Zavitz, Harding) to adopt the draft Official Plan and send it off to District for final approval. There are still a number of concerns and questions that were raised by the public that were left unanswered. This is not the end, Our Muskoka is strategizing our next move.
The October 6, 2022 draft Official Plan is heading to the Council Meeting Wednesday, October 12, 2022, at 1:00 p.m. for consideration to be adopted and head to the District of Muskoka for final approval. Please see the updated documents below.
Draft 3 Official Plan Summary
Township staff and the consulting team have brought a presentation forward, the Staff Report, and the June 28, 2022 Draft Official Plan ahead of the public meeting Friday, August 12, 2022.
Once this proposed Official Plan is adopted by Council, the approval authority for the Official Plan is the District of Muskoka. If a person or public body otherwise have an ability to appeal the decision of the District of Muskoka to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Muskoka Lakes before the proposed Official Plan is adopted, the person or public body is NOT entitled to appeal the decision.
Draft 2 Official Plan Summary
The Special Planning Committee Meeting for the Official Plan Review took place Tuesday, March 22, 2022. Township of Muskoka Lakes Staff and Meridian Planning received direction from the Committee to provide a second draft Official Plan based on the recommendations from recent public feedback.
Our Muskoka Submitted a letter to the Committee members and Staff on March 21, 2022, specifically regarding the recommendations.
(The videos below have been cut and cued to each section during the Official Plan Review meeting)
A. New Water Access Lots
Recommendation 1: It is recommended that:
Deeded access not be a requirement (but can remain an option if available to the owner of a water-access only property) when a new water-access lot is proposed, and that alternatively a long term lease agreement with a marina be considered an acceptable additional option;
A new policy be included in the Official Plan that requires the owners of new lots to enter into an agreement with the Township that indicates that they will not park vehicles or moor watercraft on municipal lands to access their property, as well as binding provisions that deal
with a circumstance where the marina ceases to operate.The draft policies that would permit individual water access points on private properties be
carried forward into the next draft of the Official Plan, along with a policy that requires a long term lease with the owner of the individual water access point; andThe Official Plan contain supportive language that supports the retention of existing marinas
and the reasonable expansion of these marinas in the future. Leave this requirement as it stands in the current Official Plan; new water access lots are permitted provided long-term parking and docking facilities are secured, bonded by an agreement with the Township.
Our Muskoka believes that this policy would be impossible to implement! We believe this requirement should be left as it stands in the current Official Plan; new water access lots are permitted provided long-term parking and docking facilities are secured, bonded by an agreement with the Township.
B. Boathouses
Recommendation 2: It is recommended that the Official Plan permit accessory recreational use floor area in the ground floor of boathouses provided an appropriate percentage of the boathouse was utilized for marine storage and open to the water below.
Our Muskoka is aligned on the term Accessory Recreational Floor Area and we look forward to seeing how the new draft defines this. We feel though that the percentage model discussed in the meeting will not be enough space for what people are currently using. In our opinion property owners should be allowed to choose how they use the lower level of their boathouse. They should be allowed to have a lounge, sitting area or a bar by the waterfront and be protected from the sun or rain. There are no restrictions for the amount of sitting area or furniture permitted on a dock or upper level of the boathouse, so why for the inside? Can we define habitable space as no kitchens and no sleeping space to solve the problem? What is the root of the problem...noise? Septic?
C. Lot Frontage & Area Requirements for New Waterfront Lots
Recommendation 3: It is recommended that the proposed increases in lot area and frontage for new waterfront lots be carried forward into the next draft of the Official Plan.
Our Muskoka wants to highlight that some lots that currently can be severed will no longer be permitted. It is our opinion that there is no need for further restrictions in the area of minimum lot area and frontage requirements. There is a limited number of building lots available out there. The increases in lot requirements greatly impact families that are planning to sever new lots in the future for their children and grandchildren. Historic water sampling done by the District of Muskoka shows a general water quality improvement on most lakes. We believe that the current minimum lot sizes are appropriate and ensuring that they have proper septic systems setback from the lake can be achieved.
D. Causation Studies
Recommendation 4: It is recommended that the proposed prohibition on lot creation on lakes requiring a Causation Study be carried forward into the next draft of the Official Plan.
Our Muskoka notes the first causation study was conducted on Peninsula Lake in 2019. The study tried to identify the cause of algal blooms observed in the 1990s and 2017. The report did not provide conclusive findings. It must be recognized that the conclusions of causation studies may not be definitive. Current policies require minimum setbacks of buildings and septic systems from shorelines and provide good protection of water quality. The proposed policy allows for severance prohibitions and increased shoreline setbacks. We believe causation studies are only needed where water quality indications have identified concerns.
E. Site Plan Approval
Recommendation 5: It is recommended that the requirement for Site Plan Approval in all waterfront areas for development as proposed be carried forward into the next draft of the Official Plan.
Our Muskoka agrees that Site Plan Approval (SPA) is an important tool that helps to preserve shoreline vegetation, site alteration and protect water quality. However, the proposed policies should not specify the specific cases and building sizes where SPA is required. For example, SPA should not be required for replacement boathouses and additions. The SPA details should be dealt with through a separate process such as the Site Plan Control By-law. Many more new buildings and structures will require SPA before building permits and additions will be issued. We do not think SPA should be required on everything. This change will create more delays in the building process which will have a ripple effect on the construction industry. Also requiring SPAs will increase the costs of any project a property owner would like to achieve. Additional staff and resources would be needed to process more applications, approximately 8-10 times more applications than are submitted now. The Official Plan is a policy document and accordingly, specific numbers should only be included where necessary. What is the cost and time allocated with tax paying dollars?
F. Amenity Areas
Recommendation 6: It is recommended that the Official Plan not include an amenity area coverage cap and that instead, the Official Plan direct that the site alteration by-law include such a standard.
Our Muskoka agrees that more detailed research and analysis must be provided to show the percentages are reasonable. The amenity area cap should be taken out of the Official Plan. This could be introduced as part of a by-law in the future. Can there be different percentages withing the 66’ and outside of the 66’?
G. Regulating Site Alteration
Recommendation 7: It is recommended that:
The next draft of the Official Plan continues to require that an updated Site Alteration By-law include a site alteration target/limitation; and
The next draft of the Official Plan includes a policy that requires that site alteration be minimized to the extent feasible commensurate with the size of the lot when considering and making decisions on site plan applications.
Our Muskoka agrees that there is a need to limit the amount of tree removal and alteration that occurs on waterfront lots, however, including a specific percentage in the Official Plan is not appropriate and should be dealt with within the Site Alteration By-law. Our current Site Alteration By-law and Tree Preservation By-law are very strong, however, enforcement has been the problem. Two neighbouring Townships allow 25% of tree removal on the property, Georgian Bay & Bracebridge, why can’t the Township of Muskoka Lakes adapt this?
H. Recreational Carrying Capacity
Recommendation 8:
It is recommended that...
The RCC not be used as a hard cap to prohibit lot creation on its own and that it be a consideration when new lots are proposed; and,
The Official Plan indicates that if a lake is 'over-capacity' according to the calculation, new lots could be considered provided adequate measures are taken to:
Ensure that the creation of the lot does not contribute to the overcrowding of the lake surface area;
Minimize the overall social impacts resulting from the additional development on the new lot;
The Official Plan include a policy that directs that the implementing zoning by-law be amended to restrict the amount of development permitted on existing lots on lakes that are over-capacity according to RCC
Our Muskoka notes the Recreation Carrying Capacity, RCC, uses a complicated method to limit the number of waterfront lots based on the lake's surface area. There is no science behind the method, that we have seen to date. Therefore, its applicability is questionable at best, particularly on lakes where there is public boat access. We believe RCC policies should be removed from the Official Plan entirely and lot area and frontage are the primary means by which lot creation is limited. In combination, this is an additional restriction.
J. Rural Lot Creation
Recommendation #13: That the rural lot creation policies should be carried forward into the next draft of the Official Plan.
Our Muskoka notes permanent residency and employment are tough in the Muskoka Lakes community due to the lack of affordable housing. We agree that we need to have more land available for people to buy off the water and make it more affordable to live in Muskoka. This is a good first step but it is not a solution to the problem. We need to make off water permanent housing a priority in our urban centres. This means funding to expand the urban areas in Bala and Port Carling. We cannot delay any longer!
There are many positive changes proposed in the draft Official Plan but some may be of concern. Email the Township of Muskoka Lakes and have your concerns heard.