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12 11 2002 Sp Council Agenda . . TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, DECEMBER 11, 2002 TIME: 7:00 p.m .......................................................................... 1. OPENING OF MEETING BY MAYOR 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 4. PUBLIC MEETINGS: a) 7:05 p.m. Proposed Zoning By-law Amendment, P-140/02 (Horseshoe Valley Road, Concession 4, Plan M-47, Lot 18, formerly within the Township of Oro) (Horseshoe/Salvil). b) 7:10 p.m. Proposed Zoning By-law Amendment, P-139/02 (Ridge Road, Concession 2, Part of Lot 2, formerly within the Township of Oro) (Porter). c) 7:15 p.m. Proposed Zoning By-law Amendment, P-135/02 (Horseshoe Valley Resort, Concession 4, Part of Lot 1, formerly within the Township of Oro) (Hotel Expansion). 5. REPORTS OF MUNICIPAL OFFICERS: a) Report No. PD2002-38, Andria Leigh, Senior Planner, re: Zoning By-law Amendment for Concession 4, Plan M-447, Lot 18 (Oro), Development Application P-140/02. 6. BY-LAWS: I a) By-law No. 2002-13" Being a by-law to rezone Concession 4, Plan M-447, Lot 18, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe (Horseshoe/Salvi! (Oro) Ltd.). 7. CONFIRMATION BY-LAW NO. 2002-129. 4. ADJOURNMEN1: . . NOTICE OF PUBLIC MEETING ~() FOR A I'ROI'OSED WNING BY.LA W AMENDMENT OF THE TOWNSIIIP OF ORO.MEDONTE P-140102 TAKE NOTICE Ihal the Council of the Corporation of the Township of Oro~Medonte will hold a Public Meeting on Wednesday, l>eccmber 11, 2002 at 7:05 p.m. in the Municipal Council Chambers. The..purpose of the public meeting is (0 obtain public comments on a proposed Zoning By-law Amendment, under S'"ection 34 of the Planning ACI,R.S.0.I990c.P.13. THE PROPOSED Zoning By-law Amendment would rezone the lands described as Concession 4, Plan M-447, Lot 18. (formerly within the Township orOro). The subject lands are proposed to be rezoned from the Private Recreational Exception (PR.118) Zone. to the Residential One (R 1) Zone. The application would allow the subject lands to be used for the construction of a single detached dwelling. A KEY MAP for File P- I 40/02 is provided below. ANY PERSON may attend the public meeting andlor make written or verbal representation either in support of or in opposition to the proposed Zoning By~law Amendment. If a person or public body that fiJes an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Zoning By-law Amendment does not make oral submission at the publ1c meeting or make written submissions to the Township before the proposed Zoning By-law Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the adoption of the proposed Zoning By-law Amendments. you must make a written request to Marilyn Pennycook. Township Clerk, at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Department. DATED at the Township of Oro-Medonte this 19th day of November, 2002. '"' Q HORSESHOE VALLEY ROAD 'Y>\1 'U.'.s " 0.5' j:'; D*/S;> -.:t< ~ Z H ~ PROPERD 10 BE REZONED FROM lHE PRIVA1E RECREATIONAL EXCEPTION 118 (PR*118) ZOf\lE TO THE RESIDENTIAL ONE (R 1) ZONE. @ o I 300 I ~~s NOTICE OF "UBLlC MEETING ~~ FOR A I'ROI'OSEJ) ZONING BY.LA W AMENJ)MENT OF TilE TOWNSIIII' OF ORO.MEOONTE P-139/02 NonCE thnlth" CouncU of the Corpontlion of the Township of Oro~Medonte will hold a Public Meeting on W..ln8(lwYt I~mbfr 11,2001 .t 7110 J),In. in the Municipnl COllncil Chambers. The-purpose of the public ,.._". ,. to ob..,n public ComlfK!nU on ft propoI'Cd Zoning By-Iuw Amendment, under Section 34 of the Planning MI. 11,$.0, 1!I9O c, p, 13, 1'11F. '.MOI't)~t.;EI) Zoning By-law Amendment would rezone the lands described as Concession 2, Part of Lot 2 (fuffncrly within Ihe Township of Oro), The subject lands are proposed to be rezoned from the AgriculturallRural Ij.e<pllon (AlRU'135). Agricullural/Rural Exception (AlRU'136), Agricullurall Rural (AlRU), Shoreline Rt'!lj,ldCl1ltft! Exception (SR .135), Shoreline Residential Exception (SR. 136), and Environmental Protection (EP) ZoOC$.IO the Asrkultural/Rural Exception (AiRU. 134), Agricultural/Rural Exception (NRU* I 35), Agricultural/Rural Exception (NRU*136), Shoreline Residential Exception (SR*I34), Shoreline Residential Exception (SR .135). Shoreline Residential Exception (SR. I 36), and Environmental Protection Exception (EP*) Zones. The Zoning By-law Amendment would allow the applicant to refine the boundary of the Environmental Protection zone along the existing creek area and to recognize the revised lot frontage and lot area requirements for the properties, and to allow for decks to be permitted in the Environmental Protection (EP) zone, it would also permit the construction of accessory buildings to be permitted within the Agricultural/Rural Exception 135 (AfRU*135) zone, which have been or are currently the subject of boundary adjustment applications. A KEY MAP for File P-139102 is provided below. ANY PERSON may attend the public meeting andlor make written or verbal representation either in support of or in opposition to the proposed Zoning By-law Amendment. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Zoning By-law Amendment does not make oral submission at the public meeting or make written submissions to the Township before the proposed Zoning By-law Amendment is adopted, the Ontario Municipal Board may dismiss a1l or part of the appeal. If you wish to be notified of the adoption of the proposed Zoning By-law Amendments. you must make a written request to Marilyn Pennycook, Township Clerk. at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Department. DATED at the Township of Oro-Medonte this 20th day of November, 2002. ..... <J ..... ..... ..... o I . 30G 500 MeTRES @ I I ~'. (\1 AREA TO BE REZONED FROM THE ENVIRONMENTAL PROTECTION <EP) ZDNE TO THE ENVIRONMENTAL PROTECTION EXCEPTIDN <EP-) ZDNE. ~ AREA TO BE REZONED rROM THE ENVIRONMENTAL PROTECTION <EP) ZONE TO ~ THE SHDRELINE RESIDENTIAL EXCEPTION 135 <SR-t35) ZONE. 1:- : -: J AREA TO BE REZONED rRDM THE ENVIRONMENT AL PROTECTION <E:P) ZONE TO THE SHORELINE RESIDENTIAL EXCEPTION 135 <SR_t3S) ZONE. .DEC. 11.2002 2:22PM e]; 905 .895.1281 1.800.465,0437 'x' 905-S53-5881 -MotH: in~hl't:a.()n.ca. 'eb: ",~..t~tt:3.cm.<:a '0 B.)~"ew Porl.-way ox 282 r eWlnaI1\.(:~ Ontario 3Y4Xl Leaders In Watershed Health lSRCA NO, 612 p fL) Sent by FaCIJimile December 11, 2002 Our File 1 Ms. Marilyn Pennycook, Clerk Township ofOro-Medonte P.O. Box 100 Oro, ON LOL 2XO Dear Ms. Pennycook: Re: Application For Zoning By-law Amendment Lot 2, Concession 2 Township of Oro-Medonte (Bruce Porter & Bruce McNichol) We have reviewed the circulation provided by your office with respect to the above ml::ntioned application and WI:: have no objection to thl:: proposed zoning by-law amendment. The applicant should be advised that the property is partially located within the Regional Storm and 1: 100 Year Lakeshore flood plains. A pemtit may be required from the Lake Simcoe Region Conservation Authorityprior to the commencement of any development or construction on these lands. Please advise us of your decision in this matter. Yours truly, t~!J~ Craig Cooper Environmental Planner CC/ph S :\Cr3.igC\Zone~ByJa.wS\OiO M cdontc\02~ 12-1 O-ORO.20N, IVpd Township ofOro-Medonte Attendance At Meeting Date: t~, it {) '2-_ Re: C, /<\L_ Print Name 6 LI'-'=A.JAJ L-GCAS Gv~ Bell MAc\."1C -t c.",*I.v,,\ ~0iR\8~ g f2. G{': tv, IV jJ VOL TIo N SIV\ I\\-\ ~)0';/c:L";' G~A-'.j~ I 6 ':p J.vf H (J JJ {,1 s ( ( ( ( ( ( ( ( ( ( ( ( ( ( Telephone ) 72/- 35 )1 'L~3794 ) 7'50/18 & I ) 75C}' ) r-- L Lf'G, )~ (~7 ) 3 ;UCo J ( ) ll) ~ -~ ,~ ' ) 77 2.- (c u:- ) ) ) ) ) . NOTICE OF PUBLIC MEETING ~9 FOR A PROPOSED WNING BY-LAW AMENDMENT OF TIlE TOWNSIIIP OF ORO-MEDONTE P-135/02 "AKE N011CE thul the Council of the Corporation of the Township ofOro~Medonte will hold a Public Meeting on Wt'dtmt(IIIY, IM'Nuber 11, 2002 At 7:15 p.m. in the Municipal Council Chambers. The..purpose of the public toocl,na I. to obtain public conunenls on a proposed Zoning By-law Amendment, under S"ection 34 of the Planning A<I, R.5,O. 199<)(, p, 13. 1llE J'ROIac>..."iED Zonins By-law Amendment would rezone the lands described as Concession 4, Part of Lot J. (formerly within the Township of Oro). The subject lands are proposed to be rezoned from the Future Development E~ceplion 67 (FD.67) Bnd Future Development Exception 69 (FD*69) Zones. to the Future Development Exception (PD.) Zone 10 permit to permit the expansion of the existing hotel to include a condo-hotel with conference (ucililics. A KEY MAP for File P-135/02 is provided below. ANY PERSON muy anend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Zoning By~law Amendment. If a person or public body that files an appeal of a decision of the Township of Om-MOOonte in respect of the proposed Zoning By-law Amendment does not make oral submission at the public mceling or make written submissions to the Township before the proposed Zoning By-law Amendment is adopted. the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the adoption of the proposed Zoning By~law Amendments, you must make a written request to Marilyn Pennycook, Township Clerk, at the address noted below. Al>1>1110NAL INFORMA nON relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning D<partmenl. DATED at the Township of Oro-Medonte this 20th day of November, 2002. ~~'~;YOA Marily'n Penn k, Clerk Township of Oro-Medonte P.O. Box 100, Oro, Ontario LOL 2XO (705)487-2171 ~ HORSESHOE VALLEY ROAD "'D*6'> II I", II D'6 /I > I II"'D*6'Q> II II I \ SUBJEcr AREA TO BE "'^ REZONED '-'*6'> <> 500 I / o I 1000m I@ ~ 1:20,000. AREA TO BE REZONED FROM THE FUTURE DEVELOPMENT EXCEPTION 67 (FD*67) AND FUTURE DEVELOPMENT EXCEPTION 69 (FD*69) ZONE TO A FUTURE DEVELOPMENT EXCEPTION (FD*) ZONE. , Township of Oro-Medonte REPORT ~! 3cj-/ Dept. Report To: Prepared By: #PD2002-38 Council Andria Leiah Subject & File #: Department: Council Zoning By-law Planning C.ofW. Amendment for Concession 4, Plan M-447, Lot 18 (Oro) Development Application P-140!02 Date: Motion # November 22, 2002 Date: 1f.1ii[ File # D1412188 I BACKGROUND! ANALYSIS I A Zoning By-law Amendment application on the above noted property was submitted on October 3, 2002. This application was submitted in order to correct a situation for a lot located within an existing registered plan of subdivision that does not have the correct zoning to permit a single detached dwelling to be constructed. The subject property is located in Concession 4, Plan M-447, Lot 18 (Oro) and is located on the east side of Valleycrest Drive north of Highland Drive in Horseshoe Valley. The applicant's have applied for a Zoning By-law Amendment to a Residential One (Rl) Zone that would permit the subject lands to be used for the construction of a single detached dwelling. The property is located within the Horseshoe Valley Low Density Residential Designation in the Township's Official Plan and is currently zoned Private Recreational Exception (PR*118) Zone. The application has been submitted in order to correct the current zoning identified on the Zoning By-law Schedule AlS, which zones this property as Private Recreational Exception. The current zoning on the property would not permit the construction of a single detached dwelling on the subject property; which was the intent of the parce] when created with the registration of the plan of subdivision. In reviewing the previous Township of Oro By-law 1031, as amended, it is evident that this property was subject to a rezoning in August 1988 through By-law 1988-72 which zoned a portion of the property residential but not the entire triangular shape of the property. 5<;: },~ ;;r.". .. ./ The proposed rezoning would correctly zone the property in a Residential One zone that would conform with the current Official Plan designation on the property and would be consistent with the other properties in the subdivision. , A public meeting is scheduled for Wednesday December 11, 2002 in accordance with the requirements of the Planning Act. On the basis that the proposed zoning by-law amendment is a technical correction, it is recommended that the proposed Zoning By-law Amendment be adopted the same night as the public meeting if no objections are raised at the Public Meeting. This will allow the applicant an opportunity to begin construction of a single detached dwelling in a timely manner. . It is therefore recommended that the attached Zoning By-law Amendment to rezone the subject property located in Concession 4, Plan M-447, Lot 18 (Oro), from the Private Recreational Exception (PR*118) Zone to the Residential One (Rl) Zone be approved. IRECOMMENDA nON I It is recommended that: 1. This report be received and adopted; 2. That the Clerk bring forward the appropriate Zoning By-law Amendment for Concession 4, Plan M-447, Lot 18 (formerly Township of Oro) (Horseshoe/Salvil) for Council's consideration. Respectfully submitted, ---1 ~ --tu!- Andria Leigh, Hons. B.A. MCIP, RPP Senior Planner C.A.O. Comments: Date: ~{fi( 06 \ C.A.O. jtQp 1'-c.-uA- J ~f Dept. Head > , . . .... G q) - / '1'111\ COIU'ORATION OF '1'111\ TO\\'NSIIII' OJ.' ORO-MEIJONTE IIY.LAWNO.2CMI2'131 ^ ItY"M". In It,.,..u" Cnm~lun 4, Plun M.447, Lot IS, Township or Oro-Mcdontc (formerly Tu*mhlJI uf 01'0), County or Shtk'ot (lIonw~hoclS"lvll (Oro) Ltd.) WIU:MKAS I'JJoint!: By"llIw 1997~9.~ W/llI ennclrd 10 regulate the use of land and the charnclcr. location. And "lie or b\ljldi,,~ 1100 ,;lruClUrcl\ within the Township of Oro~Medonte; ANU WIIERt:AS the Council of the Corporulion of the Township ofOro~Medonte deems it appropriate 10 rurther amend By-law 1997-95. us amended; AND WHEREAS Ihis By~law is in conformity with the Official Plan of the Township of OroMMedonte; AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c. P. 13. to the Council of the Corporation of the Township of Oro-Medonte to exercise such powers. NOW THEREJ.'ORE THE COUNCIL OF THE CORPORATION OF THE TOWNSillP OF ORO-MEDONTE ENACTS AS FOLLOWS: 1. Schedule "AI5" of By-law 97-95 for the Township ofOro-Medonte, as amended, is hereby further amended by rezoning those lands shown on Schedule "A", attached hereto, from the Private Recreational Exception (PR*118) Zone to the Residential One (Rl) Zone. 2. Schedule "A", attached, forms part of this By-law. 3. This By-law shall take effect and come into force pursuant to the provisions of and regulations made under the Planning Act, R.S.O., 1990 c. P. 13. BY-LAW READ A FlRST AND SECOND TIME, TillS 11TH DAY OF DECEMBER, 2002. BY.LA W READ A TIIIRD TIME AND FINALLY PASSED TillS DAY OF DECEMBER, 2002. THE CORPORA nON OF THE TOWNSHIP OF ORO.MEDONTE Mayor-J. Neil Craig Clerk - Marilyn Pennycook . ScJ.cduJe 'A' t,o B;r-Law This is Schedule 'A' t.. n;r-Law .'assed the da;"ol Ma)'or Clerk HORSESHOE VALLEY ROAD <:1 ,.('D*S.> ~ PROPERTY REZONED FROM THE PRIVATE RECREATIONAL EXCEPTION 118 (PR*118) ZONE TO THE RESIDENTIAL ONE (R1) ZONE. o 300 500 ~ETRES ~ 1"'1 ~O , Os ~ ~ , , Z ~ @ , , , TownsJJip of Oro-Medonte 1Y1U2002 . 14:20 ENGINEERING COUNTY OF SIMCOE ~ ORO MEDONTE NO. 149 . , ~,. The Corporation of the COUllty of ~ Simcoe (70S) 726-9300 Fax: (705) 727-7984 Beeton Area: (905) 729-2294 E-mail: roads@county.simtoe.oD.ca ROADS AND ENGINEERn'G Telephone ExtenSion 250/251 1110 Highway 26 AdnriIristtation Cenlre Midh=~ Ontario LOL lXO December 11,2002 File No. DI4-Oro-MedontefPlanning Ms. M. Pennycook, Clerk Township DfOro-Medonte P.O. Box 100 Oro. Ontario LOL 2XO Dear Ms. Pennycook; Re: Zoning By-Law Amendment P135/02 Horseshoe Valley Resort Thank you for circulating the above noted application to the County for review. It is understood that the application is to permit the expansioll of the existing hotel. In accordance with the road improvement agreement between the County of Simcoe and Horseshoe Valley Resort the proposed development is located in zone 4. Staffhas been working with Horseshoe Valley ResDrt to amend the original road improvement agreement to pennit development of zone 5 & 6 withDut the required road improvements being completed. The amendment invDlves the construction of specific road improvements as a result of additional development in zone 4. County Council has approved the proposed amendment and the County is proceeding to have the amendment ex.ecuted. The County request that the application be deferred until the agreement has been executed. If you require additional infonnatiDn, please do not hesitate to call. Sincerely, d~ S. Beattie EngineeringIPlanning Technician X:\huiD~~~~~M'r:iIor!fc\ZaA\P!~s.ol.~VIl1j41fi.o4cr1,~ lI<:IG I: I. 'I I: Office of the Planner Memo To: Members of Council From:Andria Leigh, Planner Cc: Jennifer Zieleniewski, Marilyn pennycook Date: December 6, 2002 Re: Reports on Official Plan Review Attached are copies of the two reports (Proposed Amendments to Official Plan and Requests received regarding Review of the Official Plan) that were presented to the Planning Advisory Committee at their meeting on Tuesday December 3, 2002. These are being provided to all members of Council as background information only related to the Planning Advisory Committee minutes, which will be on the agenda for the Committee of the Whole meeting on December 11 , 2002. Respectfully, /~ ~ -t-;;-L Andria Leigh, MCIP,RPP Senior Planner . Page 1 . . TOWNSHIP OF ORO-MEDONTE REPORT TO PLANNING ADVISORY COMMITTEE REPORT NO.: PAC2002-0P Review DATE: November 26, 2002 SUBJECT: Proposed Amendments to Township of Oro-Medonte Official Plan I I INTRODUCTION The purpose of this report is to provide recommendations to the Committee and Council on the policies in the current Official Plan, which require amendments as part of the five-year review process. A number of policies were identified in two previous planning reports (PD2002-13 and PD 2002-32) that are discussed in detail in this report. A special meeting called under the Planning Act was held on May 8, 2002 at which time a number of landowners provided comments with respect to amendments to the Official Plan. Subsequent to that meeting numerous letter$ have been received regarding potential amendments. A total of 44 requests have been received and the consideration of these requests are contained within a separate report to this Committee. At the end of the special meeting on May 8, 2002 a resolution was adopted by Council indicating that the Township deemed that revisions to the Official Plan were necessary in accordance with the requirements of the Planning Act. I I ANAL YSIS A number of specific policies were identified for reconsideration during the five- year review. As well Section J6 identifies the review process and the assessment that should be completed at this time. The following matters are specifically reviewed with recommendations as part of this section of the report: Vision (Section A) General Consent Policies (New Section incorporating Sections D2.3.9, D3.3.6, D5.3.3, D2.3.1O and D3.3.7) Creation of lots for agricultural purposes (Section D2.3.1) Creation of new lots for non-agricultural purposes (Sections D2.3.2 and' D2.3.3) Creation of lots which currently have two dwellings (Sections D2.3.3, D3.3.1) Home Industry provisions (Sections D2.3.5, D3.3.5, and D 11.3.3) Industrial (Section D7) Transportation (Section HI) Adult Lifestyle Communities (Section H4) Existing Draft Plan Approved Residential Subdivisions (Section JS) Mapping Updates There is also one technical matter to be amended during this process. Currently the Official Plan contains twenty four land use schedules which breakdown sections of the Township into 11 x 17 sheets of paper. This breakdown can sometimes means that landowners with larger tracts of land are split between two different maps or that two maps are required to review surrounding land uses. It is currently difficult for the public, consultants, and staff to look at the bigger picture with respect to impact on surrounding land uses. There is currently an Appendix I which is a color land use designation map for the entire township. It is recommended for consistency and clarity that the current Schedule Al to A24 be deleted and that Appendix I become Schedule A to the Official Plan. Vision The current vision contained within the Official Plan continues to reflect the direction of the municipality to manage change, protect the natural heritage system, to promote the stewardship of the Township's resources, and to maintain the excellent quality of life that currently makes Oro-Medonte a desirable place to live. The Vision does refer to the significance of the Oro Moraine and it is anticipated that these policies will be amended at such time as CounciJ considers the Oro Moraine and Aggregate Strategies. It is recommended that no changes be made to the current Section A at this time. 2 . . General Consent Policies The majority of Official Plan's review including the County Official Plan all contain a section of general consent policies which are to be considered in conjunction with the specific requirements of each designation. Matters such as general criteria for new lots, boundary adjustments, technical severances, and severances for utilities would be included within this section. Currently the Official Plan does contain policies regarding technical severances and severance for utilizes however only within specific designations. It is recommended that these current references in the Official Plan be deleted from Section D2.3.9, D3.3.6, D 5.3.3 (Utilities) and Sections D2.3.10 and D3.3.7 (Technical Severances) and the following general consent policies be added as a new section under Section H - General Development Policies: "General Consent Policies This section is intended to contain general consent policies that are to be considered with every application for consent. Regard shall also be had to the specific policies dealing with lot creation in each land nse designation. General Criteria for New Lots Prior to considering an application to create a new lot, the Committee of Adjustment shall be satisfied that: a) the proposed lot fronts on a public road that is maintained on a year round basis; b) the proposed lot does not front on a Provincial Highway or a County Road (outside of the Rural Settlement Area designation); c) the proposed lot will not cause a traffic hazard as a result of its location on a curve or hill; d) the proposed lot can be serviced with an appropriate water supply and an appropriate means of sewage disposal; e) the proposed lot will not have a negative impact on the drainage patterns in the area; f) the proposed lot will not affect the developability of the remainder of the lands, if they are designated for development by this Plan; and g) the proposed lot will not have a negative impact on the features and functions of any environmentally sensitive features in the area 3 Boundary Adjustments Boundary Adjustments may be considered where the effect of the boundary adjustment is to consolidate or rationalize a property boundary. In reviewing an application for a boundary adjustment, the Committee of Adjustment shall be satisfied that: a) no new lot will be created; and b) the boundary adjustment will not affect the viability of the use of the subject property intended by this Plan Technical Severances A technical severance to divide lands which have inadvertently merged in title may be granted, provided the Committee of Adjustment is satisfied that: a) the merging of the land subject to the application was unintentional; b) the land was once a separate conveyable lot in accordance with the Planning Act; c) the land is of the same size and shape as the lot which once existed as a separate conveyable lot; d) the land subject to the application was not merged as a requirement of a previous planning approval; e) the subject lands, if re-divided, conform with the development policies of this Plan and the requirements of the Township's Zoning By-law; and, f) there is no public interest served by maintaining the subject property as a single conveyable parcel. Lots for Utilities The creation of new lots for public utilities, communication utilities and water and sewar infrastructure may be permitted, provided: a) the area of the proposed lot is minimized and reflects what is required for the use; b) the severed lot is located on a property where it would have the least impact on existing and future agricultural operations or existing land uses; c) the implementing zoning by-law, as a condition of Provisional Consent, only permits uses that are related to the utility on the lot. Such a lot shall be deemed to "not exist" in determining whether a parcel is eligible for a severance in the Agricultural, Rural, or Restricted Rural designations of this Plan." 4 . It is recognized that additional wording will also be required in the appropriate designation to reference the general consent policies and their applicability for consideration of an application. Amendments are also be required to the existing Agricultural and Rural designations to remove any criteria related to severances which are now being contained within the general consent policies. Creation of new lots for alp"icultural purposes (Section D2.3.1) Section D2.3.1 of the Official Plan outlines the current policies relevant to the creation of new lots for agricultural purposes. This section was added as a modification to the Official Plan in 1997 based on a number of requests being received fTOm landowners and an Ontario Municipal Board decision in February 1997, which permitted a severance for a specialized agricultural use. The PTOvincial Policy Statement permits the creation of such lots, as does the County Official Plan. The County of Simcoe Official Plan does however stipulate that new lots should generaJly not be less than 35 hectares or the original sUTVey lot size whichever is the lesser. However the County Plan does allow local municipal official plan's to identify different policies subject to a number of criteria, which the Township of Oro-Medonte has done. The intent of these policies related to a number of specific uses, which were occurring in the township including ginseng, mushrooms, and pick your flower operations. These policies have only been tested once in the past five years and the criteria in the Plan appear to have been appropriate for evaluation of this application. It is recommended that the policies contained in Section D2.3.1 not be amended at this time. Creation of new lots for non-alfricultural purposes (Sections D2.3.2 and D2.3.3) The Official Plan permits the creation of new lots for non-agricultural purposes in both the Agricultural and Rural designations. The PTOvincial Policy Statement indicates that in prime agricultural areas (Agricultural designation) lot creation is generaJly discouraged and wiJI only be permitted in the following situations regarding residential uses: Farm retirement lots Residential lot surplus to a farm operation Residential infilling Each of these types of uses is defined in the PTOvincial Policy Statement (PPS) as follows: Farm retirement lot - means one lot from a farm operation for a full time farmer of retirement age who is retiring fTOm active working life, was farming on January 1, 1994 5 or an earlier date set out in an existing official plan, and has owned and operated the farm operation for a substantial number of years. Residential surplus to a farming operation - means one oftwo or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation. Residential Infilling - means the creation of a residential lot between two existing non-, farm residences which are on separated lots of a similar size and which are situated on the same side of a road and are not more than 100 metres apart The County of Simcoe Official Plan also permits the same forms of creation of new lots for residential uses. The Township's Agricultural designation is intended to protect lands suitable for agriculture and to maintain the rural character of the Township. On this basis the creation of new lots for non-agricultural purposes is generally discouraged but is permitted for a retiring bona fide farm or infilling which is consistent with the PPS. These policies also permit the creation of a new lot which is currently the site of two single detached dwellings; however this component is reviewed under a separate section of this report. Section D2.3.2.1 defines a bona fide farmer as follows: A bona fide farmer is a full time farmer who is retiring from active working life and who has owned and operated a farm operation on the lot from which the severance is proposed for at least 10 years with such farm operation being in existence on January 1, 1994. The bona fide farmer definition is consistent with the PPS definition with the exception of the 10 year minimum time frame. The PPS indicates a substantial number of years and the Township practice for consistency has been 10 years. This was therefore implemented in the definition in 1997 and approved by the Ministry of Municipal AffaiTs and Housing as being deemed to conform to the PPS. As the Committee of Adjustment and Council are well aware this policy has continually been tested over the past number of years through the Committee of Adjustment and through the Ontario Municipal Board. Section D2.3.3 outlines the specific criteria beyond the definition required to be considered by applicant and the Committee in assessing any application. These eight criteria relate to original parcel size, size of proposed lot, no previous lot creation, etc. The Planning Department has review the number of parcels that are currently designated Agricultural which exceed the minimum lot area requirement of 36 hectares (90 acres) and there are currently 98 such parcels. Any application on these parcels would have to meet all the other criteria and would have to be a bona fide farm as defined in the Plan. This may decrease the number of lots that could make application to the Committee of Adjustment. 6 The current recommendations of the Oro Moraine Land Use Strategy suggest that no new residential lots be permitted on the Oro Moraine. If this recommendation is carried forward there would be permissions for such lots off the Moraine and not on the Moraine. Of any of the lot creation policies currently contained within the Official Plan these policies are the ones, which are the most difficult for the staff and the Committee of Adjustment to assess. They are also the most consistently appealed to the Ontario Municipal Board for interpretation of the definition and policies. On this basis it is recommended that the policies contained in Section 02.3.2 and 02.3.3 related to bona fide farmer lot creation be deleted. In regards to the infilling Jots the current definition in the Township OfficiaJ Plan is as foHows: "An infilling lot is a Jot that is located between two existing residences that are situated on the same side of the road and are not more than 100 metres apart." This definition is not consistent with the wording contained within the PPS or the County of Simcoe Official Plan. It is therefore recommended that the existing definition in Section 02.3.2.2 be deleted and replaced with the following: "An infilling lot is a lot that is between two existing non-farm residences which are on separated lots of a similar size and which are situated on the same side of the road and are not more than 100 metres apart." Creation of lots that currently have 2 single detached dwellings Sections D2.3.3 (Agricultural) and D3.3.1 (Rural) were added to the Official Plan by Amendment #3 in February 1999. Council had recei ved a number of requests from landowners that had a property that had two JegaBy approved dwellings to permit the creation of a lot for one of the dwellings. The intent of the policies was to provide a brief opportunity for landowners to clean up these situations and the basis of the Official Plan Amendment was that the policies wouJd be removed at the time of the five-year review. Subsequent to the adoption of Amendment #3 aH landowners who had two dwellings were advised of the polices and the limited time frame. Several of these landowners proceeded through the consent process to obtain JegaJ conveyance of the second dwelling. A number of these properties could not sever the second dwelling for a variety of reasons. It is recommended that the portions of Section D2.3.3 and D3.3.1 that relate to the creation of a new lot for residential purposes from a property that currently has two single detached dwellings be deleted. 7 Home Industry Provisions (Sections 02.3.5. 03.3.5 and 011.3.3 and Permitted uses related to each of these designations) The Official Plan currently contains provisions to permit home industries as one means of creating additional economic activity in accordance with the Vision of the Official Plan. These policies relating to home industries are currently under appeal to the Ontario Municipal Board in early 2003. The outcome of this hearing should be reviewed and considered prior to any further consideration of these policies. It is recommended that the Home Industry provisions be reviewed subsequent to the Ontario Municipal Board decision in 2003. Industrial (Section D7) Currently Section D7.5.1 contains the development policies for new industrial uses and expansions to existing industrial uses. This section currently states "any redevelopment of existing industrial uses which would involve an expansion of floor area of more than 25% may also be subject to Site Plan Control". This wording has been problematic in situations when a number of subsequent additions are made to a building each one being less than 25% of the new building area. The Site Plan Control By-law for the Municipality will contain the specific wording regarding requirements for Site Plans. It is therefore recommended that the wording be amended in this section to the following: "Any redevelopment of existing industrial uses may also be subject to Site Plan Control." Transportation (Section HI) Currently the Official Plan provisions identify various types of roads including non- winter maintained roads, private roads and individual rights-of-ways accessing residential uses. The policies then identify the conditions under which these properties can be built upon including a site plan agreement which acknowledges that the lot does not front on an improved public road, that there is no maintenance by the municipality, that the municipality will not assume the road, and that the municipality is not liable for any injuries, losses as a result of the issuance of a building permit. There have been a variety of requests to Council regarding the issuance of building permits under these conditions. These provisions need to be more clearly defined to ensure that all landowners are aware that new dwellings on non-winter maintained roads (seasonal), private roads, individual rights-of ways, unassumed roads, and unopened municipal roads are not permitted until the landowner brings the road up to municipal standard. It is recommended that the policies of Section HI be amended to indicate the various types of roads requiring upgrade to municipal standard prior to the issuance of a building permit. 8 Adult Lifestyle Communities (Section H4) These policies were incorporated into the Official Plan based on a request from a landowner in 1996. These policies were intended to outline the specific permitted uses, locational criteria and information requirements necessary for consideration of such a use. The Plan did not designate any lands in this category and required an Official Plan Amendment before such a use could be developed. Subsequent to the adoption of the Township Official Plan, the County Official Plan was adopted and directs additional residential growth including adult lifestyle communities to existing settlements as defined in the Plan. On this basis the Township and County plans would be inconsistent and amendments are required. The Official Plan currently designates sufficient lands for residential development for the next twenty years. On the basis of the above, it is recommended that Section H4 - Adult Lifestyle Communities be deleted from the Official Plan. Existing Draft Plan Approved Residential Subdivisions (Section J5) In 1997 when the Official Plan was adopted, provisions were established that would allow the Township by resolution to ask the approval authority to withdraw draft plan approval after an appropriate period of time if the subdivision was not proceeding to the development stage in an expeditious manner. The rationale for these provisions was that a considerable number of vacant Jots existed in these draft plan approved plans. Some of these subsequently have been identified as not being appropriate for development as there may be an impact on the rural character of the area or the cost effectiveness of providing municipal services. The Planning Act now provides the authority for an approval authority to place a conditions that the approval lapses at the expiration of a time period specified by the approval authority being not less than three years. The Township is now the approval authority for new plans of subdivision/condominium and on approvals currently being given is induding a lapsing of approval clause at the end of a three-year timer frame. A number of the existing draft plan approvals have been registered over the last five years or are in the process of completing their conditions towards registration. There are however draft plan approvals still in effect hat have not been registered and are located within the Oro Moraine. These are intended to be reviewed during the completion and recommendations emanating out of the on-going Oro Moraine Land Use Strategy. It is therefore recommended that the current policy of Section J5 not be amended in the Official Plan and that consideration of any existing draft plan of subdivision approvals located within the Oro Moraine be considered during the current Oro Moraine Land Use Strategy. 9 Mapping: Updates There are two amendments that are required to be completed on the land use schedule to the Official Plan. Two requests were received one from the Ministry of Natural Resource,s and one from the Nottawsaga Valley Conservation Authority. The request from the MNR relates to the delineation of the Hawkestone wetland and is shown on the attached map. It is recommended that the Township's land use schedule be amended accordingly. The NVCA requests emanated from the WilJow Creek Sub watershed Study that was completed in 2001. The Township was an active participant in this study and mapping contained within the final Study document recommends areas to be amended on the Township current land use schedule. A copy of the amendments required is attached to this report. It is recommended that the Township's land use schedule be amended accordingly. I RECOMMENDATION I 1. It is recommended that this report be received and adopted; 2. That the Senior Planner prepare a draft Official Plan Amendment incorporating these recommendations for an upcoming Public Meeting; and 3. That the Senior Planner schedule the formal Public Meeting in accordance with the requirements of the Planning Act early in 2003. Respectfully Submitted, .---1~ ~ Andria Leigh, MCIP, RPP Senior Planner 10 (j) Ontario Ministry of Natural Resources Ministere des Richesses naturelles f2J ,J July 10, 2002 284 Nursery Road Midhurst, Ontario LOL 1 XO Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2XO ATTENTION: Andria Leigh Dear Andria: Subject: Hawkestone Wetland lot 23, Concession 12 Township of Oro- Medonte I was recently contacted by Patricia King- Beemer as well as Dearden and Stanten limited with respect to the location of the Hawkestone Wetland within the above noted lot and concession. The issue raised by both parties was whether the Environmental Protection zone at this location accurately reflected the extent of the Hawkestone Wetland. It is believed that the Environmental Protection zone and the Environmental Protection designation are intended to reflect the provincial wetland and thereby protect it from incompatible land uses, From the review of our wetland data and mapping, it appears that the Township's Official Plan Schedules A and B and Zoning Bylaw Schedule A6 have shown the wetland to be much larger and further north than it actually exists. I have attached a map that shows the wetland in relation to various parcels including the King-Beemer property in Lot 23, Concession 12. The map is at a scale of 1 :3000. From my calculations, the eastern boundary of the King-Beemer property is approximately 30 metres from the wetland boundary. . Hawkestone Wetland Page 2 I hope that this information is helpful in dealing with those zoning matters raised by both parties. If you have any questions about the wetland, please call me at 725-7546. Yours truly, Kat y WoeJler District Planner MNR, Midhurst Attachment c.c.- Patricia King- Beemer Dearden & Stanton Limited ~ N + I Willow Creek Sulnvatershed Plan December 2001 :'5 .. development. Consequently, it is very important that a set of "indicators" be established that can be monitored over time to determine the environmental health of the subwatershed. I I The following Table 4.1 outlines the specifics of the monitoring recommendations as part of the implementation strategy. Table 4.1: Summary of Recommendations and Implementation Strateav. Subwatersbed Recommendations Lead! hnplementatiQn Time Component Support Mechanism Frame Apencies Natural Heritage #1 Municipalities should incorporate policies in Municipalities Official Next System tJJeir official plan indicating that "no development fNVCA and Plans/Zoning By- Official or site alteration" shall be permitted within all MNR for laws and Approval Plan evaluated wetlands. All wetlands (as defined by wetland Authorities reviews ' /Zoning tJJe province) should be evaluated. evaluations Update " #2 The proposed additions to Willow Creek Natural Municipalities Official Plans Next Heritage System, as identified in Map 4 should be fNYCA /Zoning by-laws Official incorporated into municipal planning documents. and Approval Plan Policies to protect the system and its functions ftom Authorities /Zoning incompatible land use and development should also Update be included. # 3 Landowners, environmental organizations and Landowners! Restoration On-going interested agencies should consider tJJe restoration stewardship projects, Tree and rehabilitation areas identified in Map 5 when groups and planting days identiJYing'projects. Rehabilitation of headwater organizations s1reams and wetlands should be a priority along (DU, Scouts with re-vegetation of the Willow Creek riparian etc) areas in Midhurst between St Vincent Street and Hiohwav 27 to reduce the effects of erosion. Aquatic # 4 No development or site alteration should occur Municipalities Official Plans & Next Ecosystem within a minimum of 30m on either side ofanatural & NVCA Zoning By-laws; Official s1ream or watercourse, maintaining the natural Approval Plan & vegetation. In tJJe case of municipal drains, a AutJJorities reviews Zoning minimum 30 m wide vegetated buffer should be updates established on the side of the drain not accessed for clean out #5 As Phosphorus inputs to Willow Creek appear Municipalities Official Plan As dev. to exceed its capacity for assimilation (based on /MOE; Updates; Secondary proceeds the data presented in Appendix B), we NVCA Plans; On-going through recommend the highest level of phosphorus Approval Reviews; Health secondary con1rol possible on all future water 1reatment Authorities; Water! Futures plan; On- facilities (stormwater management ponds, sewage Programs going 1reatment plants, etc) and implementation of a restoration rehabilitation program to address non-point sources of Phosphorus and other nutrients. #6 Establish a long term monitoring program Municipalities Through monitoring based on biological swveys at 5 sites in the Developers Development will subwatershed to track stream health impacts ITom and NVCA proposals and/or continue in land use chanQe. municiDal 2002; NottaWaSQgo Valley Conservation Authority Greenland InternatiolJ(1l Consulting Inc. 43 ....~" ?'( -< \ /" \ \ \ \ \. I I I I I I I I I I I I I I I I I I I ~SUIIW.l.fERSHE080UNnARY ______ WAn:RCOI.IRSE ::=::=:::3 MUNICIPAL BOUNDARY COWI.tUHm' BOUNDARY LOT/ CONCESSION UNE ,."' --m-- COUNTY ROAO -w--- HIGHWAY !77?/j CUAAENT NATURAL HERlTAOf r://I? ~lf.Af{~X,~N~) "'" PROP05tO ADOITIONS TO THEI ~NJ.:ruIW.HERIT"'Q[SYSTEI.I r:-,'~I'1 NO Dn'nOPIoIENT OR ~~~; ,: $!'IE ALtWTlON ,\,REA _STRWRIPARIAHMO _ 'OEVELOPWOOORSrrE ALTtRA110NAREAS \. <;./' \,a'i.e S\\\\tOe ~ ~ WILLOW CREEK '_1 SUBWATERSHED STUDY Natural Heritage System Map 4 LOCATION (l~o~:b.1&~t 8P~n~i:~~~) Town_hip of bro-Yodonle (m the Counly of Simco') Cll)' 01 Barrie _0....."...........1IOIIl ...t...l"..1..... Site Specific Official Plan Review Reauests Name Donald Hanney Jarratt Coulson Big Cedar Jack Haggerty Bill Soles Jim Woodford Joe Charles Jones Cons (Ucci) Albert Schwartz Jack Jermey Mary Meyer Robert Spears Thom and Bonnie Hammond Derek Rynard Jones Cons (Woronka) Catharina & Peter Mulder Trent Elyea Bengt Schumacher Dwight Evans Greg Wood Barbara Adamson Chin & Orr (Bauer) Peter Papais Tim Crawford Jane T eskey George & Joan Page Richard Starr/Elizabeth Phillips Steve & Lynn Thomson Ian Webb Irena Szczebior Paul Miller hitch hDuse Rudy & Assoc (Rodgers) Ray Kelso (Oro Glen) Larry Erwin Carol & Barry Gordon Various Joe,Eileen & Jim McLean Type of Request Various Various Various Various Aggregate Environment Environment Adult Lifestyle Adult Lifestyle Severance policies Severance policies Severance policies Severance policies Infilling Sev policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Severance policies Veterinary Clinic Severances Industrial development policies Industrial development policies Site specific commercial Shanty Bay Expansion Shanty Bay Expansion Hawkestone expansion Moonstone Expansion Airport policies Restricted Rural policies Rick Hunter (McGurrin) Estate Residential Development Will McMechan Greenwood lorest rd extension Susan Jolie Ross Cotton Betty Veitch Waste Disposal Exception (mad) Setbacks (Zoning) Attached Structures J. Bohme Woodland Dr make no changes TOWNSHIP OF ORO-MEDONTE REPORT TO PLANNING ADVISORY COMMITTEE REPORT NO.: P AC2002-0P Review DATE: November 26, 2002 SUBJECT: Requests Received regarding Review of the Township of Oro-Medonte Official Plan I I INTRODUCTION Approximately 44 landowners / residents / developers submitted requests to the municipality for consideration of proposed changes to the Official Plan. These requests consist of a significant amount of written text some with technical reports attached. In order to provide the Committee with a brief overview of the requests and the recommendation, this report has been prepared for discussion purposes. The requests have been grouped together where possible by issue, so that all similar requests are considered at one time. These issues are listed below: a) Various requests b) Aggregate extraction c) Environmental d) Adult Lifestyle Communities e) Severance requests f) Industrial/Commercial g) Settlement Area Expansion h) Airport i) Restricted Rural j) Estate Residential k) Zoning A number of these individuals have made deputations to the Committee and four more are presenting at the December 3 meeting, these include: Tim Crawford, Catharina and Peter Mulder, Buffi Woronka, and Jack Jermey. It should be noted that the recommendations are made on the basis of the available information and are made in the context of the current review. I RECOMMENDATION It is recommended that the attached requests and recommendation report be received and adopted. Respectfully Submitted, ~~~ Andria Leigh, MCIP, RPP Senior Planner I 2 Settlement Exoansion Land Owner Mark Rodgers, Concession 3, Northwest Part of Lot 26 (Oro) Reqnest . That consideration be given to including the subject lands and the surrounding lands in the Shanty Bay Settlement Area . their justification is that this lands is not appropriate for agricultural operations, and being adjacent to the Arbourwood subdivision is a natural and logical placements for future growth in the settlement area Response . these lands are currently designated Agricultural in the Township's Official Plan . there are a number of items that would be required to be addressed prior to consideration of an expansion to the current boundaries of the Settlement Area of Shanty Bay . The County of Simcoe Official Plan requires studies to be completed to justify any expansion of the existing settlements as identified in Section 4.1 of their Official Plan it would be premature to consider any expansion until this work is completed . Section B2.3 of the Township Official Plan also requires the completion of a Settlement Capability Study prior to consideration of an amendment of the Official Plan to determine the ability of the settlement to accommodate additional development on the basis of private services (septic) . On the National Bank property in Concession 3, East Part of Lot 28 (Oro) high nitrate levels were determined through the technical review process and required full water and sewage servicing to be considered for development ofthis property, based on the surrounding land uses this matter would also have to be reviewed on this property to determine if a similar requirement would be necessary for development of these lands . It would be recommended that any consideration for the expansion of the Shanty Bay Settlement Area be deferred until such time as the above work is completed for review ... Various Requests Land Owner Donald Hanney, Burls Creek Family Event Park Request . why not lands designated on Highway 400 or Highway 12 for tourist commercial uses only Highway 11 . all development on Moraine should be stopped until landowner can demonstTate the pTOper conservation of gTOundwateT . Plan should include large open activity parklands for sports recreation Response . amendments to the Plan in regard to policies with respect to the Oro Moraine should be considered at the same time as the currently study is being completed and recommendations are made to Council . the need to designate additional land for commercial development has not been justified at this time, at the time of the completion of the Official Plan in 1997 it had been determined that sufficient lands have already been designated for these purposes . the Official Plan does however allow additional recreation/commercial uses within the Rural designation Land Owner Jarratt Coulson Ratepayers Association Request . amendments to Section F2 - GTOundwater Recharge Areas . amendments to Section J5 - Existing Draft Plan AppTOved Subdivisions Response . the request fTOm the Jarratt Coulson Ratepayers Association should be addressed during the completion of the land use strategy with respect to the OTO Moraine and the potential amendments to these sections emanating from the review '-. Land Owner Big Cedar Residents Association Request . amendments to the groundwater recharges area, rural settlement area, rural, mineral aggregate resources policies as they relate to the identification of the Big Cedar property Response . amendments related to the policies which are currently being reviewed through the Moraine and Aggregate studies will emanated from the results of those studies . the recognition of Big Cedar as a settlement area would set a precedent for other areas of the municipality and would be required to be considered in accordance with the County of Simcoe policies regarding settlement areas Land Owner Horseshoe Valley Property Owners Association (Jack Haggerty) Request . need to reconsider adult lifestyle communities . need to review Mineral Aggregate Resource policies . need to reconsider designation of Edgar Special Policy Area Response . amendments to the Mineral Aggregate Resources policies and the Edgar Special Policy Area will be reviewed as part of the current Moraine and Aggregate Studies and the respective amendments emanating from those . the need to consider adult lifestyle communities is already being discussed as part of the planning report regarding proposed revisions to the Official Plan (dated Nov 26/02) Al!l!rel!ate Extraction Land Owner Bill Soles, Big Cedar Estates Association, Concession 13, Part of Lot 6 (Oro) Request . the Association is requesting changes to Section D5 - Mineral Aggregate Resources to ensure that the objectives of the Plan are satisfied Respouse . these policies are currently the subject of a specific review by the Working Group appointed by Council, it is intended that these specific policies will be amended as part of the process and not as part of the five-year review document . it is recommended that amendments to Section D5 be considered once the current study is completed and reviewed by Council Environmental Land Owner Jim Woodford, Concession 6, Plan M-9, Lot 97 (Oro) Request . that the current policies in the Official Plan be enforced with respect to additional study of the Environmental issues and the science on the ground . that further detailed recommendations on the environmental sections of the Official Plan will be presented to Council Respouse . the Environmental policies contained within the Official Plan and Council's Environment First philosophy are currently the subject of a special review as is relates to the Oro Moraine . these policies are currently the subject of a specific review by the Working Group appointed by Council, it is intended that these specific policies will be amended as part of the process and not as part of the five-year review document . it is recommended that amendments to the environmental policies and the Official Plan schedules be considered in conjunction with the current study. Land Owuer D. J. Charles, Concession 10, West Part of Lot 4 (Oro) Request . To amend Schedule AI? and identify an Environmental Protection One designation on lands in Concession 9, Part of Lots 2 and 3 (Oro), Concession 10, Part of Lots 2 and 3 (Oro), and Concession 11, Part of Lots 1 and 2 (Oro) which connect existing designated areas and which are identified in the County of Simcoe Official Plan . To support recommendations from the Oro Moraine Association regarding a methodology for accumulating needed hydrogeological and biological data on the Oro Moraine be incorporated into the Principles of the Official Plan Response . the Schedules to the Official Plan for the area contained within the study area of the Oro Moraine are intended to be amended during the current review by the Working Group and proposed policy amendments and mapping amendments are intended to be recommendations to Council emanating from the current review of the Oro Moraine . the Environmental policies are currently the subject of a specific review by the Working Group appointed by Council, it is intended that these specific policies will be amended as part of the process and not as part of the five-year review document . it is recommended that amendments to the environmental policies and the Official Plan schedules be considered in conjunction with the current study Adult Lifestvle Communities Land Owner Ucci Consolidated Companies Inc. (Jones Consulting Group), Concession 5, Part of Lots 26-28 (Oro) Request . that the policies regarding Adult Lifestyle Communities in the Township and County Official Plans be consistent Response . The Township Official Plan was adopted and approved prior to the consideration of the County of Simcoe Official Plan . The Adult Lifestyle Community policies were incorporated into the Official Plan based on a request from a landowner in 1996. These policies were intended to outline the specific permitted uses, locational criteria and information requirements necessary for consideration of such a use. The Plan did not designate any lands in this category and required an Official Plan Amendment before such a use could be developed. . Subsequent to the adoption of the Township Official Plan, the County Official Plan was adopted and directs additional residential growth including adult lifestyle communities to existing settlements as defined in the Plan. On this basis the Township and County plans would be inconsistent and amendments are required. The Official Plan currently designates sufficient lands for residential development for the next twenty years. . The planning report which addresses proposed amendments to the Official Plan (dated Nov 26/02) currently recommends that these policies be deleted Land Owner Jelmak Management Services Ltd. (Albert Schwartz), Concession 14, Part of Lot 19 and 20 (Oro) Reqnest . that the lands located in Concession 14, Part of Lots 19 and 20 (Oro) be designated in the Official Plan to permit an Adult Lifestyle Community Response . The Adult Lifestyle Community policies were incorporated into the Official Plan based on a request from a landowner in 1996. These policies were intended to outline the specific permitted uses, locational criteria and information requirements necessary prior to consideration of such a use and an amendment to the Official Plan. The Plan did not designate any lands in this category and required an Official Plan Amendment before such a use could be developed. . If a specific landowner were looking for consideration of such a community they would have to make application for an Official Plan Amendment and submit the reports required by the current policies for consideration by the Township . Subsequent to the adoption of the Township Official Plan, the County Official Plan was adopted and directs additional residential growth including adult lifestyle communities to existing settlements as defined in the Plan. On this basis the Township and County plans would be inconsistent and amendments are required. The Official Plan currently designates sufficient lands for residential development for the next twenty years. . The planning report which addresses proposed amendments to the Official Plan (dated Nov 26/02) currently recommends that these policies be deleted Severance Policies Land Owner Jack Jermey, Concession 10, Part of Lot 22 (Oro) Request . property was original 1 00 acres but was divided with construction of Ridge Road . believes Official Plan should recognize these circumstances and permit creation of lots for bona fide farmer if total land holding in number of parcels is 100 acres Response Land Owner Mary Meyer, Concession 6, Part of Lot 5 (Medonte) Request . has 100 acre parcel of land in former Township of Medonte . would like to sever 2 acre parcel to be kept in family Response Land Owner Robert Spears, Concession 13, Part of Lot 1 and 2 (Ora) Request . would like change to permit 30 acres of 131 acre landholding to be utilized for a residential subdivision Response Land Owner Thorn and Bonnie Hammond, Concession 14, South Part of Lot 1 and North Part of Lot 2 (Ora) Request . would like 16 acres parcel re-designated from Restricted Rural to Residential to permit residential subdivision in area on north side of Bass Lake which is surrounded by existing subdivisions Response Land Owner Derek Rynard, Concession I, East Part of Lot 6 (Orillia) Request . would like definition of infilling revised Response Land Owner Buffi Woronka (Jones Consulting Group), Concession 9, East Part of Lot 24 (Oro) Request . to sever 14 acres parcel to allow for one additional residential building lot . reconsideration of the Agricultural designation in this area to be consistent with south side of Ridge Road, which is, designated Rural Response Land Owner Catherina and Peter Mulder, ConcessionS, Part of Lot 26 (Oro) Request . to permit their 5.5 acre lot with 700 feet of frontage on the Ridge Road to be severed into smaller residential lots Response Land Owner Trent Elyea, Concession 14, South Part of Lot 2 (Medonte) Request . to permit one severance from a 1.54 acre parcel within an existing strip of residential lots Response Land Owner Bengt Schumacher, Concession 8, Part of Lot 25 (Ora) Request . that the lands on the east side of the opened portion of Line 8 south below Springhome Road be designated Shoreline to permit residential development Response Land Owner Dwight Evans, Concession 13, East Part of Lot 11 and 12 (Ora) Request . to permit the potential to sever up to three lots of the total land holding of 148 acres . the proposed severance location is an area that was a closed down pit and a bush area, which are not suitable for agricultural purposes Response Land Owner Greg Wood, Concession 1, Plan 1, Pt Block A (Oro) Request . to permit a severance from a 2.59 acre residential parcel of land Response Land Owner Barbara Adamson, Concession 9, Part of Lot 6 (Medonte) Request . to permit a residential severance from a 21 acre parcel of land which is a corner property fronting on both Line 9 North and the Warminster Side Road Response Land Owner Anni Bauer (Chin and Orr), Concession 5, North Part of Lot 10 (Medonte) Request . to permit the creation of an additional residential lot from an 8.67 acre parcel of land in an area where additional residential lots currently exist Response Land Owner Peter Papais, Concession I, Part of Lot 18 (Oro) Request . to permit the creation of an additional residential lot from a parcel which is 10 acres in size and is not used for agricultural purposes Response Land Owner Tim Crawford, Concession 9, West Half of Lot 26 (Oro) Request . to re-designate the lands on the south side of Springhome Road to pennit the creation of seven residential lots Response Land Owner Jane Teskey, Concession 14, Lot 5 (Medonte) Request . to pennit additional infilling lots from a parcel which is 120 acres in size and has previously been the subject of severance applications Response Land Owner George and Joan Page, Concession 14, East Part of Lot 15 (Oro) Request . to pennit additional severances from a rural property which is 25 acres in size Response Land Owner Richard Starr and Elizabeth Phillips, Concession 11, Part of Lot 24 Request . to permit additional residential development on the north side of Kennedy Avenue Response Land Owner Steve and Lynn Thompson, Concession 8, Part of Lot 10 (Medonte) Request . to permit five additional residential lots in an area of existing residential strip development Response Land Owner Ian Webb, Concession 11, Part of Lot 3 (Medonte) Request . to amend the severance policies to permit severances for veterinary clinics that do not fit within the specialized agricultural policies Response Industrial/Commercial Land Owner Irena Szczebior, Concession 5, Part of Lot 22 (Oro) Request . That the policies contained in Section D7 - Industrial be amended to include policies for existing industries and that adjacent/adjoining be defined as 2000 feet of an existing residence or agricultural enterprise . incorporation of a noise avoidance policy in the Official Plan in regards to industrial/commercial businesses Response . the intent of the policies of the Official Plan is to identify the direction in which development may occur, the Zoning By-law is then more specific in regards to uses, setback and general provisions . Council can also adopt regulatory by-laws in accordance with the Municipal Act with respect to other matters ie. Clean and clear, noise, fencing, signage . Council has adopted by-laws regarding noise, signage, and clean and clear and suggested amendments to these should be directed specifically to Council as they do not relate to the Official Plan review . Council also has adopted a Site Plan Control by-law and requires all new industrial and commercial businesses to proceed through this approval process prior to obtaining a building permit, this by-law also applies to enlargement of existing business which require a building pennit, the by-law cannot be applied to existing businesses which are not requesting pennission for additional development of their property . the Official Plan is not the regulatory documents which should contain the specific wording requested by the landowner . that the Township consider this request in the subsequent amendments to the Zoning By-law and Site Plan Control By-law Land Owner Paul Miller, Concession 10, Part of Lot 20 (Oro) Request . to re-designate the subject lands (portion of a 72 acre site and a 7.39 acres site) from the Agricultural designation to the Industrial/Commercial designation Response . the properties are currently designated Agricultural in the Official Plan and would require justification to determine that this designation is unsuitable for the property in order to amend the current designation on the property . the landowner has initiated the Official Plan Amendment process in respect to the 7.39 acre property on the east side of Highway II Land Owner . The Hitch Housel Travel Rite Property Corporation, Concession 1, Part of Lot II (Oro) Request . that the subject lands be re-designated from Industrial to Commercial to be consistent with the current development along Highway II Response . these lands were designated IndustTial as part of an Official Plan Amendment approved in 1989, these lands were also zoned at that time in an industrial zoning with a holding provision until such time as a conceptual plan was submitted for the entire development of the property . the lands are located directly to the south of the commercial complex, which contains Country Style, Bads Amusement Facility, and McDonalds . the access to this property would be within the jurisdiction of the Ministry of Transportation, who have through the Oro Centre process and subsequent individual permit applications indicated their long term plans for the expansion of Highway II which may impact future development along Highway II . any consideration to re-designate this property from Industrial to Commercial should have written support from the Ministry prior to consideration as they are the approval authority in regard to the access to the property Settlement Expansion Land Owner Mark Rodgers, Concession 3, Northwest Part of Lot 26 (Oro) Request . That consideration be given to including the subject lands and the surrounding lands in the Shanty Bay Settlement Area . their justification is that this lands is not appropriate for agricultural operations, and being adjacent to the Arbourwood subdivision is a natural and logical placements for future growth in the settlement area Response . these lands are currently designated Agricultural in the Township's Official Plan . there are a number of items that would be required to be addressed prior to consideration of an expansion to the current boundaries of the Settlement Area of Shanty Bay . The County of Simcoe Official Plan requires studies to be completed to justify any expansion of the existing settlements as identified in Section 4.1 of their Official Plan it would be premature to consider any expansion until this work is completed . Section B2.3 of the Township Official Plan also requires the completion of a Settlement Capability Study prior to consideration of an amendment of the Official Plan to determine the ability of the settlement to accommodate additional development on the basis of private services (septic) . On the National Bank property in Concession 3, East Part of Lot 28 (Oro) high nitrate levels were determined through the technical review process and required full water and sewage servicing to be considered for development of this property, based on the surrounding land uses this matter would also have to be reviewed on this property to determine if a similar requirement would be necessary for development of these lands . It would be recommended that any consideration for the expansion of the Shanty Bay Settlement Area be deferred until such time as the above work is completed for review Land Owner Oro Glen Association, Range 2, Part of Lot 3 (Oro) Request . That consideration be given to including the subject lands and the surrounding lands in the Shanty Bay Settlement Area . their justification is that these lands would be the northerly boundary of the settlement area given the Environmental Protection One area to the north and the existing Arbourwood subdivision to the south Response . these lands are currently designated Agricultural and Environmental Protection Two Overlay in the Township's Official Plan . there are a number of items that would be required to be addressed prior to consideration of an expansion to the current boundaries of the Settlement Area of Shanty Bay . The County of Simcoe Official Plan requires studies to be completed to justify any expansion of the existing settlements as identified in Section 4.1 of their Official Plan it would be premature to consider any expansion until this work is completed . Section B2.3 of the Township Official Plan also requires the completion of a Settlement Capability Study prior to consideration of an amendment of the Official Plan to determine the ability of the settlement to accommodate additional development on the basis of private services (septic) . On the National Bank property in Concession 3, East Part of Lot 28 (Oro) high nitrate levels were determined through the technical review process and required full water and sewage servicing to be considered for development of this property, based on the surrounding land uses this matter would also have to be reviewed on this property to determine if a similar requirement would be necessary for development of these lands . It would be recommended that any consideration for the expansion of the Shanty Bay Settlement Area be deferred until such time as the above work is completed for review Land Owner Larry Irwin, Concession 12, Part of Lot 21 and 22 (Oro) Request . That consideration be given to including the subject lands and the surrounding lands in the Hawkestone Settlement Area . their justification is that these lands would be the easterly boundary of the settlement area Response . these lands are currently designated Rural in the Township's Official Plan . the Hawkestone Settlement Area had been under considerable pressure for development for a numbers of years when the lands were identified in the Official Plan in 1997 as a major growth area in the Township . this area was identified for growth in 1978 when the initial Hawkestone Secondary Plan was approved by the Province however only limited development has occurred due to the poor quality soils for private septic system installation . there are a number of items that would be required to be addressed prior to consideration of an expansion to the current boundaries of the Settlement Area of Hawkestone . Section B2.3 of the Township Official Plan requires the completion of a Settlement Capability Study prior to consideration of an amendment of the Official Plan for a settlement expansion to determine the ability of the settlement to accommodate additional development on the basis of private services (septic) . The County of Simcoe Official Plan requires studies to be completed to justify any expansion of the existing settlements as identified in Section 4.1 of their Official Plan it would be premature to consider any expansion until this work is completed . As the Hawkestone Settlement Area is required to be review through a Secondary Plan process and the current plan allows for the adjustment of the boundaries of the study area at that time is recommended that any consideration for the expansion of Hawkestone be considered during the completion of the Secondary Plan study Land Owner Carol and Barry Gordon, Concession 9, North Part of Lot 15 (Medonte) Request . . That consideration be given to including the subject lands and the surrounding lands in the Moonstone Settlement Area . their justification is that these lands would be the southerly boundary of the settlement area on Line 8 North and would square off the current settlement boundary identified in the Official Plan Response . these lands are currently designated Rural and Environmental Protection Two Overlay in the Township's Official Plan . the current policies in the Official Plan indicate that only limited growth is expected to occur in the Moonstone area and that these lands should be development on the municipal water system which has the potential to be expanded and private septic systems . there are a number of items that would be required to be addressed prior to consideration of an expansion to the current boundaries of the Settlement Area of Moonstone . Section B2.3 of the Township Official Plan requires the completion of a Settlement Capability Study prior to consideration of an amendment of the Official Plan for a settlement expansion to determine the ability of the settlement to accommodate additional development on the basis of private services (septic) . The County of Simcoe Official Plan requires studies to be completed to justify any expansion of the existing settlements as identified in Section 4.1 of their Official Plan it would be premature to consider any expansion until this work is completed . It would be recommended that any consideration for the expansion of the Moonstone Settlement Area be deferred until such time as the above work is completed for review Airport Land Owner Melissa Richardson, J.R. Richardson, Barb Cardarelli, Lisa Scott, Lisa Markov, Heather Knight, Joanne Barr Request . request amendments to the Official Plan to uphold the intent of the Plan as it relates to the quality of life in Oro- Medonte in the regulation of flight schools operating from the Lake Simcoe Regional Airport Response . The Lake Simcoe Regional Airport is designated Airport in the Township's Official Plan . This designation permits a range of uses including airport facilities and accessory uses . it should be recognized that this property is subject to Federal and Provincial regulations which are beyond the jurisdiction of the Township . the Township does not approve the flight path nor does the municipality have the ability to make changes to that path Restricted Rural Land Owner Joe, Eileen, and Jim McLean, Concession 1, West Part of Lot 2 (Oro) Eldon and Shirley Atkinson, Concession 1, West Part of Lot 3 (Oro) Request . that the current Restricted Rural designation be removed from the subject property and Teplaced with the Agricultural designation Response . the Restricted Rural designation was applied to all undeveloped lands surrounding the City of Orillia that were located in the former Township of Orillia and all undeveloped lands adjacent to the City of Barrie . the objectives of this designation were to maintain and preserve the rural character of the area by clearly defining the urban boundary of the Cities of Barrie and Orillia and to discourage the development of scattered residential, commercial and industrial uses in the area surrounding Barrie and Orillia . it is clear from the permitted uses of this designation that the primary use of these lands is for agricultural purposes and is consistent with the Agricultural designation . the Development Policies also indicate that the same lot creation policies that are contained within the Agricultural designation are applicable . the Restricted Rural designation allows similar permissions as previously existed in the Agricultural designation but provides the Township and the surrounding cities with a clear delineation of the urban versus rural boundary, it is therefore recommended that no change to the designation be made at this time Estate Residential Land Owner Desmond McGurrin, Concession 7, Part of Lot I (Medonte) .. Request . that the current Official Plan be amended to designate 106 acres of land for estate residential purposes Response . the property is currently designated Rural, Environmental Protection One, and Horseshoe Valley Road Special Policy Area . it is not recommended that the lands be designated for Estate Residential purposes at this time given the existing supply of estate residential lots on the Township and given that it is a policy of the plan to direct growth to existing settlement areas (Coulson is not identified as such) Zonimz Land Owner Wilf McMechan, Concession 5, Part of Lot 28 (Oro) Request . that the Official Plan not identify the need for a modern road from the west end of Greenwood Forest to Windfield Drive Response . the land use schedules in the Official Plan and Zoning By-law identify all lands owned by the municipality that were dedicated for road purposes during a planning process in the past . these roads may not be constructed at this time but are required to be identified as having been dedicated for that purpose Land Owner Susan Jolie, Concession 5, East Part of Lot 10 (Medonte) Request . . That the exception, which prohibits new single detached dwellings around the closed landfill site in Medonte, be removed Response . the legislative requiTements of the Ministry of the Environment require the identification of existing and former landfill sites and restrictions around potential uses, which might be impacted by the landfill sites . these requirements are imposed through the County of Simcoe and cannot be amended by the Municipality . the sites and the respective 500 metre buffer area are not identified through the Official Plan but rather through the Zoning By-law . it is recommended that no change is required to the Official Plan with respect to this request Land Owner Ross Cotton, Concession 4, Plan 1287, Lot 2 (Oro) Request . that the side yard setbacks be amended to reflect the setbacks approved at the time of development of this subdivision Response . that this request be considered at the time of the amendments to the Zoning By-law which will emanate from the Official Plan Update Land Owner Betty Veitch, Concession 1, Part of Lot 40 (Vespra) Request . that provisions be implemented to restrict the size and location of industrial/ commercial buildings in residential/agricultural areas Response . . additional provisions have been implemented in the Zoning By-law with respect to attached structures and their definition . by-law provisions are already in place in regards to home industries requiring site plan approval to review the impact on neighbouring properties . no additional amendments to the Official Plan are recommended at this time further consideration of this matters should occur at the time of any amendments to the Zoning By-law emanating from the Official Plan update Land Owner J. D. Bohme, Concession I, Plan 993, Lots 68-70 (Orillia) Request . Currently satisfied with Official Plan, and requests that no amendments be made in his area Response . none required