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2008-045 To Adopt Amendment No. 25 to the Official Planet 4 ao 0 O N 0 Z 4 J [D .~ 0 ~ ~ a~ ~ c ~ c ~ ~ ~ o Q ~ 'O ~ = ° '~ ~ N o o ~ ~ m ~ ~ d cn ~ J ~ ~ a c~ ~~ ~ ~ ~ a a ~ °o d N ~ ~- 0 o ~ o cn .5 ~' d ~ a o .~ ~ ~ ~ o ~ " ~ 0 ~ ~, v ~ ~ ~ Q -~ ~ ~ d = I- ~ ~ ~ m o .c ro p d o ~d f° t6 U W o~ 0 s~ _m m ~ N ~ ~ ° ~ ~rn °" ~~c °' ~ a ?, N a ~ ~ U ~ ~ Y ~ W )" mZ = a~Q 0 .U o. ~ ~ d ~ +~ ~ 3 o ° C~ a~ ~ ~o ~~ p z ~ ~- o ~ U z q LL p m ~ ~ ~ ~ ~-~ ~ W z 0 0 ~ ~ ~ N ~~ ~ C VJ W N c E > N ~ Z d ~ N C N ~ll N ~~ a@ E v, E~ o ~ ~ O ~ ~ ~ ~ W F ~ ~ N~ N 0 ~~ ~ d d ~ mo d~ W~ W ~ o m p p I - ~ ~ Q~ W~ W r _~ W v _ ~ W = ~ Q a ~' ~0. 0' ~' ~ N 0 ~ d d U U ~ _~ SO z a i dui z '~ d a 0 z ~ ° °~ N~ m m \~' to ~< d .G '~~ Q1 3 N ~ t~ ~ ~ t/j `~ . 0 p Z ~ ~ ~ v r I ifa N 0 .N zp C ~ d E, d0 E ~- Qo C ~' ~~ a ~' c ~~ 0 0 N ~L Q 0 a S d N N a ~t a 0 a N 0 z J m 0 i+ r 4 as Q~ .C N N N_ .t. 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T ~ H H H C - ,~. a " a a _v u Q v ~, ~~ y~j ~ O a A ° a " -o ~ p ~' ~ a ~ ~® ~ ~ ~ ~ W o ~ y ~ '~ °o ~, ~ ~ ~a~ a ~ ~ oVti ~ ~ .~y tv .~ ~,, '~ 0 a w b ~, AMENDMENT N0.25 TO THE QFFICiAL PLAN OF THE TQWNSHIP 4F C}RO-MEDQNTE Reference: (Jules Goossens 2gg5-OPA-04} Part Lot 25 Concession 1 q, Concession i q, (Oro) Township Of Oro•Medonte March 2808 AMENDMENT NO. 25 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE INDEX Page The Constitutional Statement 3 PART A -THE PREAMBLE 4 1.0 Purpose 4 2.0 t_acation 4 3.0 Basis ~ PART B • THE AMENDMENT 1.0 Introduction 11 2.0 Details of the Amendment 11 3.0 Schedule "A" of the Amendment 12 PART C -THE APPENDICES 13 1.0 Minutes of Public Meeting 13 2.0 Figure 6 -Natural Heritage Features and Buffers 15116 AMENDMENT NO. 25 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE The fallowing Amendment tp the Official Plan pf the Township pf Orp-Medpnte consists pf three parts. Part A -The Preamble - consists of the purpose, location and basis far the Amendment and does npt constitute part pf the actual Amendment. Part B -The Amendment -which sets put the actual amendment and consists of Schedule "A" and explanatpry text and constitutes Amendment No. 25 to the Official Plan of the Township pf Oro-Medpnte Part C -The Appendices -consists of information pertinent to this Amendment in the form of background information. This section does not constitute part of the actual Amendment. PART A -THE PREAMBLE. 1.0 PURPOSE The purpose of this Official Plan Amendment is to change the designation of certain lands in the Township of Oro-Medante, from the "Rural" and "Environmental Protection Twa Overlay" designations to a "Shoreline" designation. The redesignatian will permit the development of three (3) residential lots. The balance of the property will retain its existing designatian. 2.0 ~OCATiON The lands subject to the Official Plan Amendment are located on the east side of Line 9 South and north of Poplar Crescent as shown on Schedule "A" attached. The lands affected by this Amendment are described as Part of Lat 25, Concession 10, {Oro), Township of Oro-Medante. 3.0 BASIS The Property Description The subject property is irregular in shape and is lacated at the northwest corner of Poplar Crescent and Line 9 South. The total site area is approximately 25.8 hectares having approximately 283.8 meters of frontage on Line 9 South and 7$3.2 metres an Poplar Crescent. Existing structures include the owner's single detached residence fronting onto Poplar Crescent The site topography is generally flat and is characterized by a number of natural heritage features including vegetation communities, a wetland, a swamp, a tributarylditch {cold water stream), butternut trees, etc. The natural heritage features have been identified and documented in the Site Evaluation Report {SER) and supporting addendum documents prepared by Michalski Nielson Associates Limited. Proposed Development The applicant and property owner Mr. Jules Gaassens seeks permission to create three {3) residential lots by severance from a 25.8 hectare property. An application to amend the Official Plan to permit the residential use and severance as submitted in 2005. The requested amendment would redesignate the portion of the property subject proposed to accommodate the three residential lots from "Rural" and "Environmental Protection Two Overlay" designations to a "Shoreline" designation. Applications to amend the zoning and to sever the three proposed lots were submitted concurrently with the Official Plan. The proposed lots are located in the eastern portion of the property fronting onto Line 9 South. The proposed lots are generally rectangular in shape and range from 0.72 hectares to 1.09 hectares in area. The total area to be severed is 2.84 hectares. Lot access will be onto Line 9South, awell-maintained four season, municipal roadway. The lots will be serviced by a private sewage system and water system. The Site Evaluation Report {SER) and addendum documents prepared by Michalski Nielson Associates Limited confirmed that there is sufficient lot area to accommodate the proposed dwellings, private sewage and water systems, and driveways without negatively impacting the natural heritage features. Buffer setbacks have been established to provide adequate separation 4 between the proposed site development and the natural heritage features as shown on the Figure 6. Refer to Figure 6 -Appendix 2.0 Figure 6 Natural Heritage Features and Buffers. No development is proposed on the balance of the property and the Official Plan designation will not change. The natural heritage features will be maintained and the owner's residence fronting onto Poplar Crescent will remain. Surrounding Land Uses The subject property is located adjacent to an established residential community along the Lake Simcoe shoreline. Singe-detached residences located on large lots characterize this area. Site servicing is provided by individual, private systems. The following provides a general description of the existing land uses in the surrounding area: South:lmmediately to the south is an approximately 12,000 sq. meters residential lot (owned by others) bounded by Line 9 South and Poplar Crescent. The property is vacant. A consent application to sever the lot in half was approved by the Committee of Adjustment in September 2007. Beyond the Poplar Crescent and Line 9 South is the developed shoreline residential district that abuts Lake Simcoe. The district is characterized by single detached residence located primarily on large estate type lots. The residences are on private services. North: Immediately to the north are three residences located on estate lots. The residences access onto Line 9 South and are on private services. East: The land east of the site is the balance of the applicant's property. This land remains undeveloped with the exception of his residence. These lands are primarily wooded with a wetland feature. A de#ailed description of the natural heritage features is provided in the Site Evaluation Report (SER). West: The lands west of are residential in character consisting of four lots (672, 682, 698 ~ 714 Line 9 South). The lots generally have 60 m. frontages and lot areas of 0.8 ha. With the exception of 714 Line 9 South which has half the lot area. Planning Evaluation To determine the feasibility and appropriateness of the proposed Official Plan Amendment application, an evaluation of the potential planning issues and impacts was undertaken. The scope of the planning evaluation has been based on: Provincial Policy Statement (2005). • County and Township Official Plan policies. Township Zoning By-law provisions. • Comments received from the public and review agencies including the County of Simcoe, Lake Simcoe Region Conservation Authority (LSRCA) and the Ministry of Natural Resources (MNR). 5 Planning Report dated August 2005 prepared by the Jones Consulting Group Ltd. . Site Evaluation Repart dated August 2005 (Revised September 2046} by Michalski Nielsen Associates Limited. Addendums to the Site Evaluation Repart dated April 18, 2007 and August 3, 2007. Visual inspection of the site and the surrounding lands. Provincial Policy Statement Upon reviewing the Provincial Policy Statement, it was determined that the following policy statements are applicable to the proposed development. • Building Strong Communities, policy 1.1.4 Rural Areas in~ Municipalities and 1.6 Infrastructure and Public Service Facilities; and Wise Use and Management of Resources, policy 2.1 Natural Heritage. Policy 1.1.4.1 identifies the range of land uses and activities permitted in rural areas located in municipalities. Limited residential development is recognized as a permitted use. Furthermore, the policy stipulates that: • The development shall be appropriate to the infrastructure that is planned or available. Avoids the need far unjustified andlor uneconomical expansion of this infrastructure. Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The proposal to create three {3) residential lots is small in scale and consistent with the established rural residential character of the shoreline area. The area does not have municipal services and the proposed lots wilt be serviced by individual on-site sewage and water services. These services are recognized as appropriate for the type and scale of residential uses established in this area and will not have a negative fiscal impact on the Township or the County. Policy 1.6.4.4 further defines servicing requirements for limited residential development in rural areas by establishing that where municipal services are not available, individual on-site sewage services and individual an-site water services shall be used for new development of five (5} or less lots ar private residences where soil conditions are suitable for the long-term provision of such services. The proposed residential development will create less than five lots. A Site Evaluation Report and addendum documents prepared by Michalski Nielson Associates Limited reviewed the suitability of establishing private services on the proposed lots and deemed them to be appropriate. 6 Relevant policies under Section 2.0 -Wise Use of Management of Resources include thane that deal with natural heritage. Natural heritage features and areas are to be protected far the tang term and development and site alterations shall only be permitted where it has been demonstrated that there will be no negative impacts on the natural features or ecological function. By definition, the natural heritage features and areas include significant wetlands, significant costal wetland, fish habitat, significant woodlands, significant valley lands, significant habitat of endangered species and threatened species, significant wildlife habitat and significant areas of natural and scientific interest. Both the Township and County (Jfficial Plan place a natural heritage designation on the subject lands, recognizing the area's environmental sensitivity. To determine the appropriateness of developing the proposed tats, a Site Evaluation Report and addendum documents were prepared in accordance with the County's and the Township's requirement. In addition, extensive consultation was also undertaken with Lake Simcae Region Conservation Authority (~SRCA) and the Ministry of Natural Resources (MNR). The environmental evaluation concluded that the proposed lots could be developed with na negative impact on the natural heritage features subject to the buffers and development restrictions as identified an Figure 6 in Part "C". Refer to Figure 6 in Appendix 2.0 Figure 6 Natural Heritage Features and Buffers. The development of the prapased three (3) residential lots is consistent with the Provincial Policy Statement in that: The development is minor in nature, having less that five lots. It is consistent in scale and character with the existing rural residential character of the surrounding area. The lots can be properly serviced with private individual systems. There will be no negative impact on the natural heritage features and their ecological function as a result of the prapased residential development. County Official Plan The key policy areas in the County Official Plan that are applicable to the proposed develapment are those policies that apply to the "Greenland" designation and the creation of residential tots by consent. Policy 3.7 -Greenland recognizes that need to protect natural heritage features in the context of proposed development: "The purpose of the Greenland designation is to ensure that the scale, farm, and location of development are such that the features and functions of the natural heritage system are sustainable for future generations." The subject property is wooded and contains a wetland. The wetland is not provincially significant. Policy 3.7.6 recognizes that residential lots created by consent are permitted in the Greenland designation area subject to the preparation and acceptable results from an Environmental Impact Study (EIS). Michalski Nielsen Associates Limited prepared a Site Evaluation Report (SER) for the Goossens property in accordance with the County's EIS requirements. The Site Evaluation Report and addendum documents concluded that the proposed residential lots could be developed in accordance with the buffers and development restrictions as identified on Figure 6 {refer to Part "C" -Appendix 2.0 Figure 6 Natural Heritage Features and Buffers) and have no negative impact on the surrounding natural heritage. Policy 3.6.11 establishes the following guidelines for the consent process: Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural or environmental purposes. Consent lots should be developed to an appropriate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations. The number of lots on the grid rand system should be restricted in order to maintain the rural character and road function and to avoid strip development. In defined geographical areas where the lot pattern is dominated by existing non-farm lots configured in a strip development pattern, infill tats or small groups of lots may be appropriate. Based on the following reasons, the proposed residential lots are in conformance with the above consent requirements: Although proposed tats 1 and 3 are marginally larger than one hectare in area, their size reflects existing environmental and design constraints. The proposed tats represent minor development and appropriate infilling. The three lots being proposed are consistent with the existing residential lot character and pattern in the area. The proposed residential lots are in conformance with the County Official Plan and an amendment is not required. Township of Oro-Medonte Official Plan As previously noted in Subsection 3.3 of this Report, an amendment to change the Township Official Plan land use designation from "Rural" to "Shoreline" is required to permit the proposed residential lots. In addition, the subject land has an "Environmental Protection Two {EP2) Overlay' designation. The EP2 designation requires the preparation of an Environmental Impact Study {EIS), which is consistent with the Greenland -EIS requirements established by the County. The Site Evaluation Report prepared by Michalski Nielsen Associates Limited addresses all the Township's EIS requirements and confirms that the proposed lots can be developed in a manner, which is compatible with the adjoining natural heritage area and will not negatively impact the natural heritage features ar their ecological functions. Section C5.3.4 - limits of Shoreline Development, directly affects the proposal. The policy establishes the requirements to extend the "Shoreline" designation boundary through the considerations of an Official Plan Amendment. The policy reads as follows: "The further expansion of the shoreline development area onto lands that are not designated Shoreline is not permitted by this Ptan. Exceptions may be granted through the approval of an Official Plan Amendment if the expansion is small in scats and is focused on the shoreline ar is consrdered fa be infilling. Infilling is defr'ned as development that abuts a developed area an two sides andlar is located within a block of land that is surrounded by public roads an at least three sides. The creation of strip development across from existing development an existing public roads is not contemplated by this Ptan." The above policy includes a number of criteria that have to be reviewed to determine the suitability of an amendment. These include that the proposed development is small in scale and is either focused an the Shoreline or is considered to be infilling. Infilling is defined as development that abuts a developed area on two sides/or is located within a parcel of land that abuts public roads on at least three sides. The proposed residential development satisfies Section C5.3.4 in that: The three residential tats are considered to be minor development and small in scale from bath a numerical and compatibility perspective. Recognizing their small scale, the lot approval process will be by consent (severance) and not by plan of subdivision. The property is adjacent to lands that are currently designated Shoreline. There is established development abutting both sides of the subject site consisting of residences and residential lots. This includes two residential lots to the south which received severance approval from the Committee of Adjustment in September 2007'. The proposal is therefore considered to be infilling. In addition to the above, the policy also contains criteria pertaining to a proposal's environmental suitability, servicing feasibility, impact an the area's character and traffic impacts. Specifically, Policy C5.3.4 states: "Council may consider such minor amendments to the Official Plan to redesignate Lands for such limited shoreline development, provided Council is satisfied that: a) The lots wilt have a minimum area of 0.8 hectares to a maximum area of approximately 1 A hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; b) The ma%ority of the existing tree cover on the proposed lots is retained and protected as part of the approvals process; c) The development is compatible, in terms of scale, density and character, with existing development; d) The proposed /ots, if located an the shoreline, have a water frontage of no less than 45 metres; and e) The lots would conform to the general subdivision and consent policies of this Plan. " 9 The proposed Official Plan Amendment to permit the three {3} residential lots satisfies the above requirements with respect to: a} The three lots are greater than .6 hectares in area. In response to existing environmental and design constraints, proposed lots 1 and 3 are marginally larger than one hectare in area. b} A Site Evaluation Report with addendums have been undertaken and recommends the establishment of buffers as illustrated on Figure 6 {refer to Part "C" -Appendix 20 Figure 6 Natural Heritage Features and Buffers} to protect natural heritage features. c) The three proposed lots are (orated immediately adjacent to an established "Shoreline" residential community and are bounded on three sides by single detached residenfial lots that are similar in scale, design and density. The proposed tats are compatible with the surrounding residential community and will not negatively impact the natural heritage features of the area. d) The proposed development is not located on the shoreline; therefore subsection {d} of the polity is not applicable. e) The three proposed tats would conform to the general consent policies as the lots have frontage on a year round road {9th. line South) maintained by a public authority; there are good view lines far lot access and would not cause a traffic hazard; and ran be appropriately serviced .with individual well and septic systems. Township of ©ro-Medonte Zoning By-Law The proposed residential lots are located on rural land that is currently zoned. AgriculturallRural {A/RU} Zane. To permit a proposed residential land use and implement the corresponding changes to be made to the Official Plan; the applicant has requested that the zoning be changed to the Shoreline Residential {SR} Zone. The proposed lots are in conformance with the Shoreline Residential Zone standards as established in Zoning By-law 97-95. Conclusion The proposed Official Plan Amendment to change the designation from the "Rural" and" Environmental Protection Two Overlay" to "Shoreline" is appropriate and represents good planning for the following reasons: The proposed residential development and supporting Official Plan Amendment is consistent with the Provincial Policy Statement and in conformance with the County of Simcoe Official Plan. The proposal is in conformance with the applicable policies and intent of the Township of Ora-Medonte Official Plan, specifically those pertaining to the expansion of the "Shoreline" designation. The proposal is considered minor in nature and represents appropriate infilling that is compatible in use, scale and density with the adjacent "shoreline" residential community; 10 The proposal is compatible with the surrounding natural heritage area and will not have a negative impact on the natural features and their function. The natural heritage features and trees will be protected Pram potential development impacts by buffers and regulated through Site Plan Control and a Site Plan Agreement. The site has direct access to a municipal roadway and can be appropriately serviced with private sewage and water systems. PART B -THE AMENDMENT 1.0 INTRODUCTION All of this part of the document entitled Part B -The Amendment which consists of the attached Schedule "A" constitutes Amendment No. "c5 to the Official Plan of the Township of Oro-Medonte. 2.0 DETAILS OF THE AMENDMENT Schedule "A" Land Use Plan to the Official Plan of the Township of Ora- Medonte is amended by redesignating the lands described as Part of Lot 25, Concession 1 d, (Oro), Township of Ora-Medonte and identified on Schedule "A" attached from "Rural" and "Environmental Protection Two Overlay" designations to a "Shoreline" designation. I1 12 PART C -THE APPENDICES The following Appendices do not constitute part of the Amendment but are included as supporting information. APPENDIX 1.0 MINUTES C1F PUBLIC MEETING THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE PUBUC MEETING MINUTES (Proposed Amendment to the Official Plan and Zoning By-taw) 2005-OPA-44 and 2W*v-ZBA-27, Part of Lot 25, Concesglon 1t), Une 9, (Oro), Tawnship of Oro-Medon#~, (J. Goossens) __ _ __ __ v ~..'. ~_ November 26, 2007 @ 7:07 p.m. 1( Municipal Council Chambers ~ of ~~ _ __ __ _____ ~~c ~ z zoa7 G Present: Mayor H.S. Hughes Deputy Mayor Ralph Bough {arrived 7:09 p.m_) ; !~ r L ~~ ~ ". ~ ~ ~- Counciilor Mel Coutanche ~ (~ , ,' (- ',',. -. Councillor Terry Allison ~----____. _ _~ . Councillor Sandy Agnew CaunciHor Jahn Crawford Councillor Dwight Evans Staff Present: Bruce Heppe, director of Building and Planning Services; Glenn White, Senior Planner; Janette Teeter, Deputy Clerk Afsa Present: Jerry Young; Hubert and Carol Schasfers; Bamd Schasfers; Lynda Aiken; Dennis Aiken; Tiziana Zaghi, Jones Consulting Group Ltd.; Jamie Naim, Michalski, Nielsen Associates Ltd.; Roy Hastings; Larry Tupiing; Tom Kurtz Mayor H.S. Hughes called the meeting to order and explained the pubic meeting has bean caAed under the authority of the Planning Act, Seciian 17 and 34, R.S.O. 1990 c.P, t 3, to obtain public comment with respect to a proposed Amendment to the Official Plan, Application 2045-OPA-04 and proposed Amendment to the Zoning By-law, Application 2005-ZBA-27 {J. Goassens), Part of Lat 25, Concession 10, {formerly within the Township of Oro), East side of Lins 9 South, North a# Lakeshore Road East, Township of Oro- Medonte. Notice of the Public Meeting was mailed to landowners within t 20m {400 feet) of the specified sits on November 5, 2007 and pasted an a sign on the subject property an November 5, 2007. The following correspondence was received at the meeting: Simcos County District School Board dated November 21, 2007; Ministry of Natural Resources dated June 22. 2007, Lake Simcoe Region Conservation Authority dated August 22, 2007. Bruce Hoppe, Director of Building and Planning Services, provided an overview of the purpose and effect of the proposed Amendments. Tiziano Zaghi, Jonas Consul#ing Group Ltd. on behalf of applicant, provided an overview of the proposed Amendments. Calaured map correspondence was distributed to members of Council and staff. 13 _~_ The following public persons offered verbal comments with respect to the proposed Amendment: None. Mayor Hughes advised that written submiss~ns will tie received at the Township office until December 10, 2007 and that no additional deputations to Council wilt be permitted with respect to the proposed amendment. A digital recording at the meeting is available for review at the Township Administration Cen#re, 148 tine 7 South. There being no further comments or questions, the meeting adjourned at 7:35 p.m. Page 2 Planning Publk Meeting November 2S, 2007 2005.OPA-04 and 2605.28A-27 J. Goassens l~ APPENDIX 2,d FIGURE 6 -NATURAL HERITAGE FEATURES AND BUFFERS IS 9i y ~ ~ ~_ ,_ f "~ d~. ~ ~- T < y \. ~z~ ~ a ~ ~~ t i~i * I ~ ~ ~ w ~ 0C0 ~ ~ ~. ® ~ ~ ~ ~ ~ t ~ ~ ~.d ~c~e ~~f A'ms ~ ~ $ ~ i ~ € ~ ~ ~ ~ ~ ~ $ ~ g ~ ~ ~ a ~ ~, - ~~ ~3 ~~ ~ 9~ ~~ ~ ~ R ~ 8 ~ ~ ~ ~ ~g "~ ~ ~ ~ e ~ ~ ~ ~e y taw `~ II °~3 ~~ ~ ~ ~ ~ ~ w~ ~°~ o ~. I --L ~ ~