2005-081 Being a By-Law to Adopt Amendment No. 21 to the Official Plan (Moon Point Corporation, Roll # 030-012-42700)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-081
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend
its Official Plan as required;
AND WHEREAS the process for considering such an Amendment was in accordance
with Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13.
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate
and in the public interest:
NOW THEREFORE it is resolved that:
Amendment Number 21 to the Official Plan, attached hereto, is hereby adopted
and;
2. This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, aP. 13
AMENDED PURSUANT TO ONTARIO MUNICIPAL BOARD DECISION N0.2263
(PL050836) ISSUED AUGUST 11, 2006
ENACTED PURSUANT TO ONTARIO MUNICIPAL BOARD DECISION N0.0904
(PL050836) ISSUED APRIL 4, 2007
Schedule 'A-1' to
Official Plan Amendment No. 21
This is Schedule 'A-1' to By-Law 2005-081
Official Plan Amendment No. 21
passed the 13"' day of July, 2005.
Mayor
Acting Clerk
Neil Craig
t:,~~.~ m h~ ~~~,~~ti,,,,pa
O N
Subject lands to be redesignated from Restricted Rural to Shoreline and subject to
section D10.9.1
OFFICIAL PLAN AMENDMENT NO. 21
(MOON POINT CORPORATION)
TOWNSHIP OF ORO-MEDONTE
Township Application # 2004-OPA-02
Prepared by
MERIDIAN
Township Planning Consultants
February 26, 2007
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
PART I: THE INTRODUCTION
1.0 PURPOSE
2.0 LOCATION
3.0 BASIS
PART 11 THE AMENDMENT
2
3
5
PART 111 THE APPENDICES 6
Appendix 1: Planning Report prepared by Meridian Planning Consultants
(Township Planning consultant)
BY-LAW
The Corporation of the
Township of Oro-Medonte
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend its Official
Plan as required;
AND WHEREAS the process for considering such an Amendment was in accordance with
Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13.
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate and in the
public interest:
NOW THEREFORE it is resolved that:
Amendment number 21 to the Official Plan, attached hereto, is hereby adopted
and;
2. This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, c.P. 13
Read a first and second time on the _day of June, 2005
Read a third time and finally passed this _day of June, 2005
Mayor Clerk
AMENDED PURSUANT TO ONTARIO MUNICIPAL BOARD
DECISION NO. 2263 (PL050836) ISSUED AUGUST 11, 2006
ENACTED PURSUANT TO ONTARIO MUNICIPAL 80ARD
DECISION NO. 0904 (PL050836) ISSUED APRIL 4, 2007
J.
Official Plan Amendment 21 p ! `'
(Moon Point Corporation Application) ~ER~~i~l1 Page 1
Township of Oro-Medonte ~ ^^°~~°~~**~~^~ February 26, 2007
Prepared by
CONSTITUTIONAL STATEMENT
Part 1: The Introduction, provides general information regarding the general policy
update. Part I: The Introduction does not constitute an operative part of
Amendment No. 21 to the Official Plan.
Part 11: The Amendment, provides the details of the Official Plan Amendment. Part
II: The Amendment, including Schedule A constitute the operative part of
Amendment No. 21 to the Official Plan.
Part 111: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III:
The Appendices do not constitute an operative part of Amendment No. 21 to the
Official Plan.
Official Plan Amendment 21
(Moon Point Corporation Application) ~LR1~~~~ Page 2
Township of Oro-Medonte ~«~~~ February 26, 2007
Prepared by
PART 1: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No. 21)
1.0 PURPOSE
The purpose of this Amendment is to change the land use designation applying to a parcel of
land along the Lake Simcoe shoreline to provide for the development of a 14 lot Plan of
Subdivision.
2.0 LOCATION
The Amendment applies to lands within Part of Lots 15 and 16 in Concession 3 of the former
Township of Orillia, now in the Township of Oro-Medonte, as shown on Schedule `A', which is
attached to this Amendment.
3.0 BASIS
A Comprehensive Planning Report with attachments is attached to this Amendment as Appendix
`A'. The Planning Report reviews the application in detail and its conformity with the Township of
Oro-Medonte Official Plan.
Section D10.3.8 of the in effect Official Plan contains a policy that is intended to be considered
when applications for shoreline development are submitted. This policy is reproduced below:
"The further expansion of the shoreline development area onto (ands that are not
designated Shoreline is not permitted by this Plan. Exceptions may be granted through
the approval of an Official Pfan Amendment if the expansion is small in scale, and is
either /ocused on the shoreline or is considered to be infilling. Infilling is defined as
development that abuts a developed area on two sides and/or is located within a parcel
of land that abuts public roads on at least three sides. The creation of strip developmenf
across from existing development on existing public roads is not contemplated by this
Plan.
Council may consider such minor amendments to the Official Plan to redesignate /ands
for such limited shoreline development, provided Council is satisfied that:
a) The lots will have a minimum area of 0.6 hectares to a maximum area of
approximately 1.0 hectare, except where larger sizes may be suitable because of
environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained and
protected as part of the approvals process;
c) The development s compatible, in terms of scale, density and character, with
existing development;
Official Plan Amendment 21 `'
(Moon Point Corporation Application) ~E~~~~~n Page 3
Township of Oro-Medonte +~^w~~~ February 26, 2007
Prepared by
d) The proposed lots, if located on 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.
For Plans of Subdivision that involve the creation of lots with water frontage, only a single
tier of lots shall be created, all with water frontage as set out in Section Di0.3.6 of this
Plan. In addition, no new lots with direct access to County Roads are permitted.
If major development is proposed (which is defined as development that does not meet
the above criteria), a detailed review of the entire shoreline area shall be carried out fo
determine if the proposed location is suitable and appropriate from a growth management
perspective."
The Amendment to the Official Plan will conform to the policy set out in Section D10.3.8 in every
respect. Specifically:
• Each of the proposed lots will have an area of 0.6 hectares or greater;
• The majority of the existing tree cover on the proposed lots will be retained and
provisions will be included in both the Subdivision Agreement and the individual Site Plan
Agreements applying to each lot to ensure that the majority of forest cover is maintained;
• The proposed development, as a result of its location and large lot sizes, is compatible in
terms of scale, density and character with existing development;
• Each of the proposed lots will have a water frontage of no less than 45 metres; and,
• The general criteria in the Official Plan respecting subdivisions are met.
Council has also had careful regard to the environmental impact of the proposed development.
The Lake Simcoe Region Conservation Authority, who is responsible for providing objective
advice to the Township on environmental planning matters, has confirmed that the site does not
support significant natural features and has recommended that development can proceed
provided certain conditions are satisfied. These conditions will be included in the implementing
documents. The Lake Simcoe Region Conservation Authority letter is attached to the Planning
Report in Appendix `A'.
Official Plan Amendment 21
(Moon Point Corporation Application) ~~~~~~~ Page 4
Township of Oro-Medonte e °~°~~ February 26, 2007
Prepared by
AMENDED PURSUANT TO ONTARIO MUNICIPAL BOARD DECISION NO. 2263 (PL050836) ISSUED AUGUST 11, 2006
ENACTED PURSUANT TO ONTARIO MUNICIPAL BOARD DECISION NO. 0904 (PL050836) ISSUED APRIL 4, 2007
J.
PART 11: THE AMENDMENT
(This is the operative part of Official Plan Amendment No. 21)
ITEM # 1
Section D10 of the Official Plan is amended by adding in a new Section D10.9 as set out below:
°°D10.9 EXCEPTIONS
D10.9.1 Part of Lots 15 and 16, Concession 3 (Orillia)
Notwithstanding any other policy in this Plan, the following policies apply to the
lands shown as being subject to this Section on Schedule `A8' to this Plan:
a) No more than 14 lots by way of Plan of Subdivision shall be developed
b) In order to maximize the tree retention on the lands, a Tree Preservation
and Shoreline Access Plan shall be prepared to the satisfaction of the
Lake Simcoe Region Conservation Authority and the Township of Oro-
Medonte as a condition of Draft Plan Approval. The preparation of these
plans must include the expertise of a registered professional forester.
Development envelope limits, including, septic system, driveway access,
shoreline access and outdoor living space will be defined and assessed.
Development envelopes will alter approximately 40% of each lot,
retaining approximately 60% of the existing vegetation and 60% of the
existing tree cover. Vegetation removal within the 20 metre setback area
from the shoreline will be a maximum of 12 metres of shoreline width for
each lot.
c) In order to ensure that new residents are aware of the value of the
woodlands and ephemeral pools on the lands, a Natural Environment
Stewardship Manual shall be prepared as a condition of Draft Plan
Approval. This manual will also include suggestions on maintaining the
health of the eco-system. This would cover such aspects, but not be
limited to, the value of native vegetation, control of nuisance plant and
animal species, the identification of appropriate species for restoration or
enhancement plantings suitable to the area, and limiting pesticide,
herbicide and fertilizer use.
d) The Subdivision Agreement shall contain provisions that require the
preparation of detailed site plans for each lot. The intent of the site plans
is to insure that the majority of the tree cover on the remaining area of
each lot, beyond the area within the 20 metre setback from the shoreline,
is maintained as development occurs. These site plans are to be
Official Plan Amendment 21 r
(Moon Point Corporation Application) ~ ~ER~~~~N Page 5
Township of Oro-Medonte t *°~~~^~~ February 26, 2007
Prepared by ~"°'
approved by the Township and the lake Simcoe Region Conservation
Authority as part of the approval process.
e) In order to ensure that individual lot owners and future lot owners are
aware of the site planning process, each of the 14 lots shall be subject to
Site Plan Control pursuant to the Planning Act. These Site Plan
Agreements shall include appropriate provisions that provide for
maximum tree retention on the property.
ITEM # 2
The Official Plan is amended by redesignating the lands subject to Section D10.9.1 from the
Restricted Rural designation to the Shoreline designation as shown on Schedule A-1 to this
Amendment.
AMENDED PURSUANT TO ONTARIO MUNICIPAL BOARD DECISION NO. 2263 (PL050836) ISSUED AUGUST 11, 2006
ENACTED PURSUANT TO ONTARIO MUNICIPAL 80ARD DECISION NO. 0904 (PL050836) ISSUED APRIL 4, 2007
J.
Official Plan Amendment 21
(Moon Point Corporation Application) MERIDIAN Page6
Township of Oro-Medonte ~ +~~~^~^~ February 26, 2007
Prepared by ''~'°
PART 111: THE APPENDICES
Appendix 1 Planning Report prepared by Meridian Planning Consultants (Township Planning
Consultant)
Official Plan Amendment 21 e !R
(Moon Point Corporation Application) ~ERiU~~~ Page l
Township of Oro-Medonte ~ ,.»~.ps..,,'.K February 26, 2007
Prepared by ~°°
moo, ono, -
~ ~ ~`
~~~`
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. 70: Committee of the
PD2005-03fi
Whole Nick McDonald, RPP
Subject: Moon Point Department:
Development Planning
Applications
Council
File No: 2004-Sub-01,
2004-OPA-02 and Date: June 22, 2005
C. of 2004-ZBA-09
W
Motion R.M. File #:
D12013640
#
Date: Roii #:
030-012-42700
INTRODUCTION
The intent of this repon is to review the comments made by agencies and members of the public
with respect to the applications for development submitted by the Moon Point Corporation. A
further intent of this report is to provide Planning Advisory Committee and Council wfth
recommendations on the applications for development.
As Planning Advisory Committee/council will recall, the Moon Point Corporation is seeking
approval for an Official Plan Amendment which places a portion of the lands in the Shoreline
designation, a Zoning Sy-law Amendment that places a portion of the lands in the Shoreline
Aesidential zone, and a Plan of Subdivision application that would allow for the creation of 14
new shoreline lots.
Each of the 14 Tots will front on a new public road that extends from Moon Point Drive. Each of
the Tots will also have direct water frontage as well. The minimum tot frontage an the road is 21.8
metres (Lot 4) and the highest lot frontage on the road is approximately 50 metres (Lo# 1}. The
average lot frontage along the road is F7.9 metres. The minimum lot frontage on the water is
47.6 metres (lot 11). The highest lot frontage along the water is 61 metres (Lot 14}. The
average lot ironiage along the water is 49 metres. Each of the lots will have a minimum lot area
of 0.60 hectares. An 8-1/2 z t t reduction of the Ptan of Subdivision is afiached io this report as
Attachment #1.
Each of the proposed lots will be serviced by private wells and septic systems. A dry hydrant
accessible to pumper trucks will be installed at the end of the Moon Point Road unopened road
allowance, at Lake Simcoe. It is proposed that the dry hydrant be provided as a suitable
substitute to an on-site fire well and lire storage as required by the Township's engineering
standards.
The homes on the lot will be set back a minimum of 20 metres from the average high water mark
as per the requirements of the Township's Zoning ey-law. A detailed Concept Plan prepared by
the applicant shows the Iocatlon of each of the homes, the driveways, the septic systems and
proposed access corridors to Lake Simcoe. These access corridors will be no wider than 12
metres. The proponent has indicated that based on the sizes of the lots and the setbacks
proposed, 60°k of each of the lots will remain in forest cover. The detailed Concept Plan is
attached to this report as Attachment #2.
In order to deal with issues respecting building location, septic system location, driveway location
and access corridor siting, each of the lots will be subject to Site Plan Control. it is also proposed
as a condition of draft plan approval that a detailed site plan for the entire subdivision be
prepared. This detailed site plan would provide the basis for the individual Siie Plan Agreements
that would be entered into following the registration of the Plan of Subdivision. This was the
same process recently followed fora 13 tot Plan of Subdivision on Highland Drive in the
Horseshoe Regon community.
Adjacent land uses include the Columbus Boys Camp located to the west and south of the
proposed lots. This camp will be retained by the owner (the Moon Point Corporation} and is not
part of the Plan of Subdivision. Lands to the south of the proposed Pian of Subdivision are the
site of a registered Plan of Subdivision (Plan 940) located on the east side of Moon Point Drive.
There are 18 lots within this Plan of Subdivision. The average lot frontage on the street is 34.8
metres. The average lot area is 0.18 hectares. Each of these Tots is developed with a home.
The first home in Plan 940 was built in 1955 (lot 4). The remaining homes were developed slowly
over a period of 45 years.
LAKE 5IMCOE REGION CONSERVATION AUTHORITY COMMENTS
The Township of Oro-Medonte relies upon the Lake Simcoe Region Conservation Authority
(LSRCA) to provide advice and recommendations on environmental matters. As part of their rote,
the LSRCA reviews the ma}ority of applications submitted pursuant to the Planning Act.
In this case, the applications and the supporting documentation were sent to the LSRCA in mid
2004. Prior to the submission of the initial reports, the LSRCA met wish the proponents in 2003 to
discuss Environmental Impact Study requirements.
On September 17, 2004, the LSRCA indicated in writing that they required some additional
information from the proponent to complete their review of the applications. Following the
submission of a revised Environmental Impact Statement in October 2004 and a meeting on site
on October 28, 2004, the LSRCA sent an additional letter dated January 12, 2005 requesting
some additional information to complete their review.
2
Following the submission of a iurther revised Environmental Impact Statement in May 2005, the
LSRCA provided a commenting letter to the Township of Oro-Medonie dated June 2, 2005. This
LSRCA letter is attached to this report as Attachment R3. Below are a number of quotes from the
June 2, 2005 LSRCA letter:
- The study meets the intent o! our Terms of Reference at that time (2003) as wet/ as our
current Terms of Reference. The field survey program was scoped based on the site
characteristics. The technical inlormation presented in the report is safistactory".
"Based on the additional technical inlormation provided, we do not consider this to be a
significant wildlife area based on breeding birds, as such, all potential natural heritage
features have now been addressed through the FtS."
"We have no concerns with potential impacts /tom natura/hazards."
"We recommend that the Township require the following aspects to be addressed as part
of the subdivisian conditions as the design o1 the development should be reviewed on a
comprehensive basis for the properly rather than through future individual owners.
Measures to preserve the integrity of the shoreline and tree cover are acceptable
provided that the following aspects are included."
On the basis of the above, the LSRCA is supportive of the approval of the requested Official Plan
Amendment, Draft Plan of subdivisian and Zoning ey-law Amendment. However, they have
made a number of detailed requests regarding each of the documents chat will be under
consideration by Council. Specifically, it is requested that:
1. The Official Plan Amendment (OPA) contain some policies that provide some direction on
the nature of vegetation removal in the 20 metre shoreline setback area, the need for
further approvals regarding shoreline works and vegetation retention on the property;
2. The Draft Pian Approval contain conditions that deal with grading, drainage, erosion and
siltation, the need for LSRCA approvals, the need to prepare a Tree Preservation Plan
and Shoreline Access Pian, and the need to prepare a Natural Environment Stewardship
Manual;
3, The Subdivision Agreement include requirements in the Notice of Afters of Purchase and
Sale that indicate that water access and views of Lake Simcoe are restricted through the
Zoning 8y-law, Tree Preservation Plan and Shoreline Access Plan, and that a Natural
Environment Stewardship Manual has been prepared; and,
4. The Township Zoning By-law Amendment applying to the property includes specific
provisions restricting development within 20 metres of the shoreline and which also
restricts the width of the shoreline access area to 12 metres.
One of the more important conditions requires the preparation of a Tree Preservation Plan and
Shoreline Access Pian to the salistaction of the LSRCA. Such a Plan must have input from a
registered professional forester. li is the intent of such a Plan to identity development envelopes
that alter no more than 40% of each lot, thereby retaining approximately 60% of each lot in a non-
manicured vegetative state.
3
It is my opinion that the LSRCA has made every effort to respond to the concerns expressed by
resitlents regarding the impacts of deuelopment on the environment. On the basis of the LSRCA
comments and their recommendations respecting the Otiiciai Pian Amendment, the Draft Plan of
Subdivision and the Zoning By-law Amendment, d is my opinion that development can proceed
as proposed. All of the conditions discussed above are reviewed later in this report and have
been included within the Official Plan Amendment, the Drafl Plan Conditions and the Zoning By-
law Amendment, as required.
PUBLIC SUBMISSIONS
The public meeting was held on March 21, 2005. Approximately 45 members of the public were
in attendance. During the public meeting, and following the public meeting written submissions
were received from:
NAME DATE
Janet Bumstead Aril 1, 11 and 15, 2005
Jim Woodford March 30 and 31 2005
Anna Arnold Aril 7, 2005
Bob and Dodi WeiN A rit 8, 2005
Donna Lowland A rii 11, 2005
Kirsien Buriin A riI 1D, 2005
L nne and Lionel Walters A rii 7, 2005
WilliamMOOre A ri112,2005
John and Carol a Macdonald Aril 13, 2005
Mark Rosati and Mar aret Bur hardt Aril 11, 2005
Les and Paula Kirsh A ri129, 2005
Teresa Reckret A riI 13, 2005
Anne Green Aril 15, 2005
Jessie Alexander March 21, 2005
Sheila Wood A rii 15, 2t)05
Francis Bowers and Ma O'Farrell-Bowers A rii 29, 2005
Brian and Heather Crate Aril 4, 2005
Gar and Isabelle Thiess Aril 14, 2005
Gerr and Pam Murfitt Aril 29, 2005
Moon Point Resident's Association A riI 12, 2005
A summary of the main points raised in the submissions and our responses are below:
Submission -The Township should consider acquiring the property for public use.
Response -The acquisition of the lands for public use is a Council decision. However,
given the opinion and recommendations of the LSRCA and the current policy framework
respecting shoreline development, it is my opinion chat Council should locus more on
acquiring property that is the site of significant natural heritage features, such as lantls on
the Ora Moraine.
2. Submission -The proposed development will have a negative impact on the
natural heritage features and functions on the site and beyond.
Response -The LSRCA has carefully reviewed the proposal in accordance wish the
Provincial Policy Statement, the County of Simcoe Official Plan and the Township Official
Plan to determine what impact the proposal wilt have on the environment. The LSRCA
has concluded that there are no significant features or iunciions on the site.
On this basis, they have clearly indicated that they have no opposition to the
development of the site, provided a number of detailed conditions are incorporated info
the approvals to ensure that development occurs as planned. Specifically, conditions will
require that a certain percentage of the tree cover on the property be retained during and
after construction and that an accessfview corridor to the take having a maximum width of
12 metres be permitted.
3. Submission • The proponent's environmental impact statement has not complied
with the standards set out by the LSRCA regarding the preparation of such
studies.
Response - In their June 2, 20D5 letter, the LSRCA has indicated that the work
completed by the proponents was completed in accordance with their requirements.
4. Submission -The Township does not have the staff or consulting expertise to
carry out an environmental analysis of the property.
Response -The Township relies upon the LSRCA to carry out reviews of Environmental
Impact Studies on behalf of the Township of Oro-Medonte. It is my opinion and the
opinion of the Township that the LSRCA has the staff expertise to properly assess and
consider applications for development on behalf of the Municipality.
In the carrying out of their duties, they typically work with a proponent to determine
exactly what needs to be studied arid what their requirements will be prior to making a
final recommendation. Throughout this process, the LSRCA has met with residents, staff
and the proponent on numerous occasions to ensure that it had a complete
understanding of the issues and was able to provide objective advice to the Township
with respect io this application,
6. Submission -The reports prepared by the proponent do not address the fisheries
resources on Lake Simcoe. In addition, extremely long docks would be required as
a result of the shallowness of the water and these docks would have a negative
impact on the fisheries.
Response -The final Environmental Impact Statement prepared by the proponents
contains a review of the fisheries resources on this part of Lake Simcoe. it is concluded
that the 'hearshore fish community is dominated by forage species, primarily shiners,
minnows and allies, with a seasonal habitat use by yellow perch and smalfmouth bass.
This community type is common !o Lake Simcoe and io other adjacent waterbodies in
southern Ontario. There is no evidence of co/dwater fish community production, for
example take whitefish, using nearshore habitat in this vicinity for either spawning or
nursery habitat
The LSRCA has not indicated that they have a concern with the proponent's submission
in this regard. However, it is recommended that conditions be included within the
5
approvals that would require the approval of the LSRCA, the Ministry of Natural
Resources (MNR) andlor the Department o1 Fisheries and Oceans (DFO) for any works
in the shoreline. This is the approach typically ioliowetl by the LSRCA for small-scale
developments where individual docking facilities may be proposed. There is no guarantee
that a permit will be issued by the LSRCA (or a dock on the site.
6. Submission -The approvals for the proposed development should either be
refused or deferred given that an Assimilative Capacity Study of Lake Simcoe is
currently underway.
Response -The Assimilative Capacity Study currently being undertaken by the Province
and the LSRCA will be completed in 2006. Generally, the LSRCA is concerned about the
amount of phosphorous leaching into the take from sewage disposal systems, farming
activities and general runoff from roads. Both the Province and the County have
indicated that planning applications in process need not be delayed until the study has
been completed. In addition, one of the primary focuses of the Assimilative Capacity
Study and the work emanating from that study will be an assessment of sewage
treatment options for large-scale urban development within the Lake Simcoe Watershed.
Given the limited amount of shoreline available in the Township of Oro-Medonte for low-
density residential development on private septic systems, no concern has been
expressed by the LSRCA about the added impact of developing 14 homes on the
property on the Take. However, it is my opinion that ft would be appropriate to further
study private sewage disposal options on the property to ensure that only systems that
have minimal to non-existent impacts on the environment in terms of nutrients and
phosphorous are developed. In addition, retaining about 60°!° of the tree cover on the
properly will assist in minimizing the amount of phosphorous that enters into the Take
from the proposed development.
7- Submission -The introduction of f4 property owners will have an impact on the
seasonal birds and other animals that make use of the shoreline.
Response -The proponents have indicated that the breeding birds using the property
are likely to adapt to habitat changes on the site. In addition, it proposed io ensure that
ail construction on site take place in accordance with the Migratory Bird Convention Act.
Lastly, the retention of the majority of the trees on the site will ensure that there are
minimal impacts on habitat. fl should be noted that the LSRCA has indicated that "we do
not consider this to be a significant wildlife habitat based on breeding birds....°
8. Submission -The lands are unsuitable for development as a result of the depth of
the wafer table.
Response - it is agreed that the water table is elevated on the (ands. As a result, the
proposed leaching beds will have to be raised approximately 7.0 metre above grade and
the homes will be elevated. This is a typical response to elevated wafer table conditions
and has been considered acceptable in other locations. In addition, the detailed
stormwater management report prepared as a condition of draft plan approval will also
address this issue.
6
g, Submission -The mitigation measures proposed by the developer will not work (or
are unlikely to work}.
- Response - A number of conditions are required to be tuifilled as a condition of Draft
Plan Approval. In addition, individual Sife Pian Agreements entered into pursuant to the
Planning Act are also required, The Site Plan Agreement will contain a number of
provisions that will require the property owner to ensure that the mitigation measures
recommended by fhe LSRCA are implemented. However, there is always the possibility
chat an individual lot owner will not comply with the agreement. As a result, the Site Plan
Agreement will contain provisions that provide the Township with the ability to order
remedial works and/or carry out the remedial works and bill the individual lot owner. The
Township can also prosecute a breach of the Site Plan Agreement through the courts.
With respect to tree loss, many of the older developments in the Township were not
subject to any specific controls regarding the retention of trees on their properties. As a
result, many of the trees on existing lots on the shorelines of Lake Simcoe and Bass Lake
have been lost. It is for this reason that the Oificiai Plan requires minimum tot sizes of
0.6 hectares io maximize the amount of trees retained on a property. This minimum lots
size, coupled with subdivision agreements and site plan conditions will go along way to
ensuring that the maximum number of trees are retained on each lot.
10. Submission -The proposed development will not be consistent with the Provincial
Policy Statement (PPS) and will not 6e in conformity with the Township's Official
Pian.
Response -The PPS (March 2005) stales in Section 2.1.3 that development shall not be
permitted in significant habitat of endangered and threatened species, in significant
wetlands and in significant coastal wetlands. These Teatures do not exist on the property,
or within 120 metres of the lands to be subdivided.
Section 2.1.a of the PPS states that development may be permitted in significant
woodlands, significant valleylands, significant wildlife habitat areas and in significant
areas of natural and scientific interest provided d 'has been demonstrated that there wilt
be no negative impacts on the natural features or their ecological functions." The LSRCA
has confirmed that none oT the above features exist on the lantls to be subdivided and
have indicated that they have no objection to the approval of the applications.
With respect to the Township Official Plan, Council did adopt an Amendment io the
Township of Oro-Medonte Official Plan that included very specific criteria in the Official
Pian to deal with applications within the shoreline area. These criteria were subsequently
approved by the County of Simcoe in February 2005 with no appeals. These criteria are
considered later in this report, however, it should be noted that the proposed
development will conform with these criteria in every respect.
ti. Submission -Construction will have an impact on the flow of ground water in the
area, particularly with respect to flooding.
Response - Shallow groundwater flow on the site is expected to be primarily eastwards
and northwards towards Lake Simcoe. Rs a result of the elevated water table on the sde,
both the homes and the septic systems will be raised, which should minimize impacts.
The construction of the road may also have impacts on the flow of groundwater. The
stormwater management report prepared as a condition at draft plan approval will
address this issue.
12. Submission -The property is one of the last remaining natural areas along the
shoreline and therefore should be preserved.
Response - It is agreed chat the subject property is one of the last remaining properties
along the Lake Simcoe shoreline in Oro-Medonte that has not- been tleveloped.
However, there is no policy framework in place at the provincial, county or local level that
is intended to preclude development from occurring for this reason alone. Instead, the
policies require the careful consideration of the impacts of development and the suitability
of the lands tar development. It is on this basis that the LSRCA was asked to review the
site and the supporting studies.
It is also agreed that there is some benefit in retaining these natural areas over the long
term. However, this benefit must also be balanced against the aspirations of a
landowner, the policies of the Township's Official Pian and the presence/absence of
signii(cant wildlife habitat or other natural heritage features on the lands.
Y3. Submission -The reduced lot lrontage on the road for the majority of the lots is
inappropriate.
Response - !1 is agreed that the lots will have reduced frontages ai the road. However,
ail of the lots will have laroer than required frontages on the water. Given the tot sizes
involved {minimum lot size 0.6 hectares) and the depth of the lots, a reduced tot frontage
a1 the road is considered to be appropriate. The large minimum lot size of 0.6 hectares is
considerably larger than the existing lots that are Located to the south of the subject
property along Moon Point Drive. This larger tot area allows for the nesting of the
proposed development in the existing environment.
14. Submission -The proposed development will act as a precedent for future
development in the area.
Response -With respect to precedent, the policies of the Official Plan currently prohibit
the development of new residential lots on the cringe of the City of Orillia. The exception
is along the shoreline where such development can be designed to blend in and tae
compatible with existing shoreline development. Given the location of the propeny and
the policies of the current Offieiai Pian, it is my opinion chat the development will not set a
precedent for additional development along Woodland Drive leading to Memorial Road in
the City of Orillia.
15. Submission -The lands are currently environmentally protected and should be
maintained as such.
Response -The (ands are not designated Environmental Protection ~ or Environmental
Protection 2 by the Township of Oro-Medonte Official Pian. The Ernironmentai
Protection 7 designation applies to those features that are considered to be signiiicani
according to the Provincial Policy Statement. The Environmental Protection 2
designation is intended to apply to lands which are not considered to be significant, but
which contribute to the integrity of the Township's Natural Heritage system.
Notwithstanding the above there is small area of landon the Moon Point property that is
zoned Envitonmenial Protection. However, this zoning has been deemed to be incorrect
by both the Township and the LSRCA, since it was intended to apply to a watercourse.
Such a watercourse, while appearing on old base maps of the area, does not exist on the
site.
16. Submission -The proposal will have a negative impact on the wetlands in the area.
Response -The developmenl is located further than 120 metres from the closest
wetland. On this basis, the LSRCA does not have any concerns about the impact on the
proposed development on wetlands in the area.
17. Submission -The construction traffic, in addition to the traffic generated from the
new homes, will have an impact on the area.
Response - It is agreed that there will be additional traffic to the site during the
construction. However, local Township roads are designed to accommodate up to f 000
to 2000 vehicles per day. At the present time, Moon Point Drive does not support that
amount of traffic. As a result, the impact of the additional traffic will be minimal to non-
existent.
18. Submission - Locating a cul-de-sac on the property is not good planning.
Response -The plan for a cul-de-sac on the property is the most appropriate solution for
developmenl on the site. Creating a through street on the site would result in more
property being utilized for development and more disturbance antl tree loss.
19. Submission -The approvals would creole a precedent with respect to the
remainder of the camp property.
Response - Wilh respect to the remainder of the camp property, we are not aware of any
plans on the part of the camp to develop the remainder of their property. These plans
would have to be supported by an additional amendment to the Official Plan and Zoning
By-law and a new Plan of Subdivision application. in addition, Council would have to
consent to the lifting of 0.3 metre reserve that will be placed on the end of tfie eul-de-sac.
20. Submission -The development wits have an impact on the private wells in the area.
Response - It is my opinion that the assessment has clearly established that the principle
of developing 74 lots on the basis of private wells and septic systems is supportable.
However, more detailed work will be completed as pars of the draft approval process and
such work will have to be to the Township's satisfaction before any final approvals are
given.
9
ANALYSIS
Description and Rationale of Existing Official Plan Policy
In August 2003; Council adopted Official Plan Amendment No. 17. OPA 77 deleted the last
sentence of Section Df 0.3.8 which states:
'Any amendment to this Plan that has the effect of permitting additional
residential development adjacent to the Shoreline designation will onty be
considered as pan of a review of the appropriateness of the extent and limits of
the entire Shoreline designation that is carried out and is pan of an Official Ptan
review."
OPA f 1 replaced the above sentence with the following:
'Amendments to this Ptan that have the elfeG of permitting additional residential
development adjacent to the Shoreline designation wilt be discouraged. tt such
an application is submitted, the appropriateness of the immediate area for
development from an environmental, servicing, character and tradic perspective
shalt be assessed. if major development is proposed, a detailed review of the
entire Shoreline Area shall be carried out fo determine if the proposed location is
suitable and appropriate hom a growth management perspective."
It was my initial recommendation during the Official Plan review that the Shoreline policies be
modified, since there were a limited number of circumstances under which it was felt that
development could occur, under the right conditions. As a result, initial drafts of the proposed
policy change included a number of conditions that would have provided the basis for considering
such requests. These conditions dealt with servicing, traffic, Nation, size of lots and
environmental impact. However, the criteria were not incorporated in the final draft of OPA 17
adopted by Council and instead, the policy only referenced the issues that needed to be
considered by Council in a review and an application in the future.
In order to provide some time to review the wording of this Section, Council requested the County
of Simcoe to not make a decision on the modification to Section D10.3.8. The intent of the
request was to ensure that the original intent of Council as articulated in the adopted version of
OPA 17 was more clearly articulated. The result was the preparation of a more detailed policy to
provide and appropriate basis for the consideration of applications for development in the
Shoreline Area in the future. This revised policy, as rnoditied by the County of Simcoe, is bebw:
'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
scale, and is either focused on the shoreline or is considered to be infilling.
InfilJing is defined as development that abuts a developed area on two sides
and/or is located within a parcel of land chat atruts public roads on at least three
sides. The creation of strip development across from existing development on
existing public roads is not contemplated by ibis Plan.
Council may consider such minor amendments to the Official Ptan to redesignate
lands for such limited shoreline development, provided Council is satisfied that:
70
aJ The tots will have a minimum area of 0.6 hectares to a maximum area of
approximately t.0 hectare, except where larger sizes may tre suitable
because of environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained
and protected as part of the approvals process;
c} The development s compatible, in terms of scale, density and character,
with existing development;
d) The proposed Lois, if located on the shoreline, have a wafer frontage of
no less than 45 metres: and,
e) The tots would conform to the genera! subdivision and consent policies
of this Ptan.
For Plans of Subdivision that involve the creation of tots with water honfage, only
a single tier of lots shaft be ueated, all with water frontage as set out in Section
D70.3.6 0l this Plan. in addition, no new lots with direct access to County Roads
are permitted.
If major development is proposed (which is defined as development that doss not
meet the above criteria), a detailed review of the entire shoreline area shall be
carried out to determine it the proposed location is suitable and appropriate from
a growth management perspective."
Conformity of Proposal with the Township Official Plan
The subject lands are designated Restricted flural in the Oro-Metlonte Official Plan. It is
proposed that the lands be designated Shoreline.
The vision of the Official Plan recognizes that the Township's open, relatively natural and rural
character is the quality that residents value most about their community. Section A2.3 of the
Official Plan states that one of the primary principles of the Pian is to consolidate rural
development in existing Settlement Areas to protect the character of rural areas. In addition, it
adds "to ensure that there is a clear spatial delineation between the Barrie and Oriltia urban areas
and the rural and agricultural area of Oro-Medonte, new development adjacent to either City shall
be restricted to agricultural and agriculturalae/ated uses"
Although the proposed residenliai development is located close to the Oro-Medonte/City of Oriliia
border, the two areas would most likely never be joined by residential development. To the
northeast of the property are low swampy lands that are unsuited for development and which are
part of the Biufis Creek wetland, which is considered to be a Provincially Significant Weiland.
The presence o1 these lowlands within the City of Oriltia antl in Oro-Medonte will ensure that a
clear spatial delineation is maintained between the built form of Oriitia and Oro-Medonte.
Wdh respect to Section D10.3.8, as modified, below is my opinion on haw the proposed
development conforms with the criteria set out in that Section.
y. The policy indicates that "exceptions may be granted through the approval of an Official
Plan Amendment it the expansion is small in scale, and is either focused on the shoreline
or is considered to be inlilling". Given that the 14 lots proposed are focused on the
shoreline, the consideration of an Official Pian Amendment by Council is permitted by the
policy.
11
p, The policy requires that Tots have a minimum area of 0.6 hectares and a maximum area
of 7 hectare. Allot the lots will have a minimum lot area of 0.6 hectares.
3. The policy requires that the "majordy of the existing tree cover on the proposed lots is
retained and protected as part of the approvals process': The proponent has indicated
that fi0°I° of the vegetation on each lot will be retained. This percentage will be
incorporated within the Subdivision Agreement antl the Site Plan Agreements that will be
registered on title. As a result, this policy has been satisfied.
q, The policy requires that the development be "compatible, in terms of scale, density and
character, with existing development': The proposed shoreline residential Lots will have
lot areas that are much larger than the majority of existing lots along the shoreline. The
larger lot size will provide opportunities for the retention of the majority of vegetation on
each lot. In addition, given the location of the lots and the limited amount of land
available for shoreline development around Lake Simcoe, it is anticipated that the homes
will be relatively upscale in nature and well maintained. lastly, each of the 14 tots will be
accessed by a new public road that intersects with Moon Point Road at an appropriate
location. It is not anticipated that the iratiic generated from the 14 lots will have a
measurable impact on the character of the area.
5. The policy requires that each of the proposed lots with water frontage have a water
frontage of no less than 45 metres. Each of the lots will conform with this policy.
g. The policy also requires that the proposal conform with the general subdivision and
consent policies of the Official Plan. On the basis of a review of those policies contained
in the Official Plan, as amended try OPA 17 (Section D2.3), and on the basis of a review
of Section 57(24) of the Planning Act, as amended, ii is my opinion that the proposetl
development conforms with those policies in every respect.
1t is on [he basis of the above that tt is recommended that Planning Advisory Oommitiee/Oouncil
adopt the Official Plan Amendment, grant Draft Plan of Subdivision Approval and pass the
Implementing Zoning By-law with a Holding provision.
DOCUMENTATION
The applicant has applied fo amend the Official Plan, the Zoning ey-taw and to obtain approval
for a draft Plan of Subdivision. Given that this report recommends that the applications be
approved, below is a brief discussion on the Torm of each of the documents that will provide for
the development.
Official Plan
It is proposed to include site-specific policies in the Shoreline Section of the Otiicial Plan chat
would provide very clear guidance on how development on the property is to proceed.
Specifically, the policies will require that detailed site plans be prepared for each lot prior to final
approval and chat each tot be the subject of Site Plan Oontrol following final approval of the Plan
of Subdivision. In addition, the policies clearly articulate the intent of the Township with respect to
maintaining forest cover on each of the lots through the site planning process. The proposed
OPA is attached to this report as Attachment q4.
Zoning By-law
It is proposed to place the properly in the Shoreline Residential zone. The only exception
required to the zone standards is for the minimum lot frontage. However, it is also appropriate to
12
include a restriction on the number of lots to be developed as well. As a result, the exception will
limit the number of lots permitted on the property to 74 and will provide for a minimum lot frontage
of 22 metres. The Zoning By-law will include a Holding provision that shall not be lilted until Site
Plan agreements have been entered into between the Township of Oro-Medonte and individual
lot owners. The draft Zoning By-law is attached to this report as Attachment #5.
Plan of Subdivision
A comprehensive review of all of the supporting reports and the agency comments has been
undertaken as part of fhe process of developing a series of draft plan conditions that would apply
to the property. While many of the draft plan conditions are standard conditions that would apply
to any subdivision in the Township, there are a number of unique conditions that are intended to
ensure that the specific recommendations of the LSRCA are implemented. A brief description of
these unique conditions is below.
t. Condition 6 requires the preparation of detailed plans showing:
a} stormwater management measures;
b} general lot grading including existing and proposed elevations;
c} building envelopes;
d} septic system locations;
e) driveway locations;
f} erosion control measures;
g) site servicing including water, hydro, telephone, cable tv and gas services, as
well as main Tine utilities and appurtenances in the road allowance; and,
h) areas where existing vegetation is io be retained.
2. Condition t2 requires That the Subdivision Agreement contain provisions notifying
prospective purchasers that a Site Pian Agreement between individual lot owners and the
Township will be required before building permits can be issued.
3. Condition 19 requires that a common drainage s~vale system be designed at the rear of
the septic systems and primarily along the 20 metre shoreline setback limit to ensure that
there is some level of water flow to the ponding area locations adjacent to the berm.
4. Condition 20 indicates that the Subdivision Agreement will include provisions that notify
prospective purchasers that specffic approvals will be required for any dock construction
on the property.
5. Condition 29 requires that a Tree Preservation and Shoreline Access Pian be prepared.
It is within this Plan [hat 60% of each lot will be shown as being retained in a non-
manicured vegetative state.
6. Condition 30 requires that a Natural Environment Stewardship manual be prepared. This
manual is intended to educate lot owners on the value of the woodlands and ephemeral
pools on the property.
The suggested draft plan conditions are attached to this report as Atachment #6. l1 should be
noted that the conditions require either a 5% land dedication for parkland or cash-in-lieu of
parkland. The draft plan does not show a parkland block. It is my opinion that i1 would be more
appropriate Ior the Township to collect cash-in-lieu of parkland in this case since the siting of a
t3
park for public use on the lands to be subdivided is not necessaryor in the public interest, since
the potential public use may have an impact on the character of the area.
RECOMMENDATION
It is recommended to Council that:
7. Report No. PD 2005-036, Nick McDonald, Planning Consultant, re: Moon Point
pevelopment Application, Part of Lois 15 and 16, Concession 3 (Orillia), Township of
Oro-Medonte, File No's: 200a-Sub-Ot, 2004-OPA-02 and 2004-ZBA-09 be received and
adopted;
2. That Official Plan Amendment No. 21 as set out in Attachment N4 to Report No. PD 2005-
036 be adopted;
3. That Zoning By-Law as set out in Attachment t15 to Report No. PD 2005-D36 be passed;
4. That Draft Plan Approval to the lands proposed to be subdivided by the Moon Point
Corporation and application of the draft plan conditions as set out in Attachment q6 to
Report No. PD 2005-036 be granted;
5. And Further That cash-in-lieu of parkland as part of the subd-+vision approval process be
authorized.
especttully submitted,
~~~~~~~
Nick McDonald, M 1 RPP
Planning Consultant
/ [~
C.A.O. Comments: Date: ~f k3 ~ cJ
J~ t/1C9 V L
C.A.O. ~/ Dept. Head
P:1PlANNMG\D~Deveiopmmt 6 Planning\D11 YuEtll+lsbn PIaM\]DG6~SUB~01, lOW-ZBAA9, t00a-OPAAt Moor, Painl Caporxtion\gepOR PD 2005-036 Moan Point
recommen0ati9n to PAC.000
14
_~;.r
~~r~x~.;
-~--~:
.~=~~~a:
^~ 6~'
FKaIIRE 6
F 1 e /ice =vt~fr.'-'~+~L' --'
-- Moon Point Concept Plan
Proposed Vegetation etention
~~.
~S~IY~1 JONES
e::::E :.~.._- a
S€nr by facsimile-l-105.481-0733
June 2, 2005 File `OI141S I~os.UPSDC114C2O4, POFC234,OPZOC465
_ w~'~ ~/~~/~
'<. ~i/ Mr Bruce Hoppe, Director of Planning
To~*'nship of Cho-Medonte
P.O. Box 140
z~: 9os -ess-rxsr Oro, ON LAL 2X0
t-eoo-nas-omsT
°a" ~-esaseas Deaz Mr 13oppe:
uo 8nyvtc.~ro•~Y RE: Proposed~OfficSalPlan and Zoning By-iav~'Amendments
soY 2s2- - Proposed Draf#Plamof Subdivision
N<drnur:cy Oanr~o Columbus Ciub~ of Toronto -
~v °~ Part Lou 15 and 16, Concession 3 '
ToN'nshi of Or Niedonte _. -.....
A
Warershed
for Lr'te
The staff of the I-ake Simcoe Region Conservation Authority (LSRCA) have :eviewea me
Environmental Impact Stoineers and ~'+'ate shed Managemexn EcologylMay 003) prepared t
{Grecmiand Consulting Ens
address our cornntents May 3, 2005, Please note that only the main document has been re~nsed.
The two appendices remain the same.
In preganng the Etivuonntenta]'ltnpact Study, the consultants contacted the LSRCA at the start
oftheprojeetin2003'andwereviewedthetermsoft/ellasnourc°iu7emToerrnccn Refertence.The
the intent of our Terms of T3 efcrcnce at that time, as
field survey Program was s°oped based on the site characteristics. The technical information
presented in the report is satisfactory.
V.'e note that the concept pl an illustrates woodland cover remaining on the lots in relatively lazge
contiguous blocks across the front of the lot. Twelve metre eanuacsho })u Gt~o oss'ble. T'hc
illustrated on the plan and located to retain as nanually app g Y
report indicates that 62%vegetztion coverage willremalt~o ~'e Lhe sbtdi lion onditions and
is iliusuative and +t'ilf be refined throur,kt detail design ' gh
site plan approver:
Based on ~the`additional~techrucal information provided, t;'e do not consider this to be a
<_ ~mificant wildlife area based on breeding birds, ell, they conpot irrti~n11usaatesnde~elopment
have now been addressed through the EIS. As eP P
ouuidc the flood plain and erosion prone areas. Therefore, we have n0 concerns with potential
impacts from natural hazazds. The illustrated vegetation coverage wtill assist in providing the
anticipated storm~'ater quality convol.
A number of the consultant's recommendations propose further work at the site plan control
stage. We'recomruend that the Toumship require the following aryects to be addressed as part
of subdi~•isiorr conditions as the desr t~lter hen through future indivtliduaI owners e*Measures
comprehensive basis for the property
to preserve the integrity of the shoreline and tree cover aze acceptable provided thzt the following
aspetts aze included.
Pate i of 4
/ . June 2, 2005
Pile Nos.: 200-SUB-01, 200.1=OPA-02 &: 2004ZBA-09
--- ~ LvIS Nos.: PSDCI14C2A POFC294; PZOC465
~- 7vlz grace Hoppe; Ltirettoi of Planning
Ton'nship of Oro-Medonte
Paee 2 of 4 '
7, A treepreservation plan and shoreline access plan be prepared bythe developer. This
will ensure that development envelopes are located to maxiznizE the woodlot coverage
_ --- - in luge conaiguous-bloclts;-while accounting for- ens neering..regnuements u%yth lot __
grading; water Welland rile bed locations. Ftuthet, the location ofsuitable access poinu
w971 take'into consideration shoreline Vegetation as well as the location of Uw cp ocm ie~d
„Dols: The preparation of these plans will require the expertise of a reai_
_' -'_~.~ a ~:.e -,.,n~fkv of nrntectiori:........."'.
professional forester (rcrr~ w ,~~~+~,.. ~•~ •••----
prior to piepaxatibn of these plans, thetfP2n and sheamettaees. Webelit:vet is more
establishtbecriteriaforidentifyingsign P
appropriate to recocatize these species at the beginning of detail design.
2. We would notrecommend clearing of the water access areas by the developer, although
the general criteria for water access needs to be defined by the developer. The future lot
o~mer'should be r ven the oppommity to leave the shoreline vegetation intact. Limited
shared access should be considered and is recommended by the LSRCA.
,^,, We woulc recommend that if the replacement rile bed location is required in the future,
that an equia~aleni aeabe replanted vith woody vegetation.
q. We also recommend that a Natural Em~ironment Stewardship Manual (refered to as
HorneoU~ner's Manual in the EIS) be prepared as a condition of draft plan approvalued
be made available to prospective lot purchaser's. 71ris manual will need to be prep
by a qualified landscape architect.
We have no ob}ection to the Official Plan amendment provided that it includes the foilo3ving:
I, vegetation removal within the 20 metre water setback area shall be limited to provtide
for viewing, access to the shoreline and any shoreline strvctures. Removal`oith a her less
nurnbes of trees #o provide views of the water will be encouraged along
irivnsve measures such as p>'u*dng.
2. Shoreline woxxs may require a permit from the Lake 5imcoe Region Conservation
Autilrority, M7nisn'y ofNatuzal Resources, or the Department of Fisheries end oceans.
g, Every effort will be made io retain tree cover with this development. Measures such as
maximizing the coriti~uvus area. of trcrcovcr and retaining shoreline vegetation, except
to provide watei access or v-iews, in the siting of development envelopes will be used.
GerieraUy'ihe site will be desiened such that approximately GO% non-manicured
vegetative cover:will be retained.
{ ~ ;fiCt~
~r,~. ~. L,,~t ~: ~~n
..
7tmc 2, 2405
r•.-- ' ;~•, File Nos.: 2004-SliB-Ol, 2004-OPA-02 & 2044-ZBA-09
/%- IMS Noa: PSDC114C2A, POFC234, PZOC465
' _~ ' Mr Bruce Hoppe, Director of Plarmin¢
Township of Oro-Medonte
Page 3 of 4
We have no objection to drab plan approval with the following conditions:
1, T7rat this approval relates to a drafr Plan of =vbdivision prepazed by Tones Consulting,
dated -Apti7.5; 2004: -
- - - 2: " ' Prior to"final approval and"to any wading taking' place on the sited a' Stormwater
__
MaragementReportincorporatingEriltancedProtection(MOf,2043)beprepazedto tc
satisfaction ofthe Lake Simcoe Region Conservation Authority. Provision must be made
to locate detention facilities above the elevation of the l:] 00 year storm floodline if
applicable.
3, 77tat a lot grading and dzarnaee plan be prepazed to the satisfaction of the Lake Simcoe
Region Conser+'ation Authority.
d. Thar areport he pTC-pared to the satisfacton of the Authority detailing the means whcr~a
erosion and siltation ~w'ill be minimized and contained on the site both during
subsequent to the construction period.
9, That the ovrner agree in tlt giudunneitohne construction period in a manneosat3~aaztory to
control devices m mood rc~n
the Lake Simcoe Region Conservation Authority.
(>, That the owner obtain all necessary Authority permits.
~, That the owner prepaze a tree preservation plan and shoreline access plan to the
satisfaction'of the Lake Simcoe Region Conservation Authority. The preparation of
these plans must include the expertise of a registered professional forester (RPF}•
Development envelope limits, including building, septic system, driveway access,
shoreline access, acid outdoor living space, ~~ill be defined. Development envelopestititl
alter approximately 40% of each lot, retaining appro~in-=ately 60'lc in anon-manicured
vegetated state. Vegetarian removal within the 24 metre water setback area will be a
maximum of l2 metres of shoreline lenMh for each lot.
Q. That the owner prepaze a l~atural Em~rotunent Stewazdship Manual for prospective
purchasers that "till educate the landowner on the value of the `°oodla»ds and ephemeral
pools as part ofthe Lake Simcoe watershed, as well as suggestions to maintain the health
of the ecosystem: This would cover such aspects, but not be limited to, the value of
native vegetation, control of nuisance plant and animal species, identify appropriate
species for restoration or enhancement plantutg's suitable to the area, and limiting
pesticide, herbicide, and fertilizer use. The manual t~7ll be prepazed to the satisfaction
a{the Lake Simooe Region Consen'ation Authority.
l 1 r fir.
~:.
June 2, 2005
File Nos.: 2004-SUB-01, 2004-OPA-02 ~ 2004-ZBA-09
Lu1S Nos.: PSDC1 I4C24, POFC234, PZOC465
Mz Rnrce Aoppe, Duector of Planning
Township of Oro-Afedonte
page A of 4
9.
That thesubdi~~siona~ eementinc]uderegvirementsintheNoticeofOffetsofPutchase
-and Sale-for prospective purchasers to the sat5sfaction of the.T..ale ~imcoe Region
Conservation Authority:
a~ ..water access and viewsofLaiceSimcoearerestrictedthroughiheZoninrBy-law,
__
_ _ ,.-..
tree piesenatton plan; and shoreline access g air.
b) a J.rattual Environment Stewardship Manual as pzepzred tender condition 8 will
be provided to the prospective purchaser.
c) that penrrits may be regtnred from the Lake Simcoe Region Consen~ation
authority, Ministry ofNatural Resources or l)epattment ofFiaheries and Oceans
for <_horeline works-
\rvc hn~•e no objection to approval of the Zoning by-law amendment with the following
pro~2sions included:
1. TheTo~~a~shipZoningI3y-lawretainnminimvmdevetopmentsetbackof20metresfrom
the shoreline.-This would include buildings and strictures including septic <_ystems, but
excluding docks, boathouses and other shoreline related structures.
2. A maximum of 12 metres maybe used for shoreline relzted structures and access.
Please contact me if you have any questions. Please reference the above file numbers in futtuc
correspondence.
Yours truly -
anet Wong, M , RPP
Senior Plnr3ner
JWtph
c, Kevin Anderson, The Tay 3ak Group, 7-905-665-2031 -Fax
Jim Hartman, Gt'YarlershedtManaeemrnt nFcolo~ -426 850-5181 SFax ~
Ge2a Garyardy,
S:VsnrtPRisttn'cuub•oromidac~e~iMO~ pant 4.up0
tiC'.6~< ~. ~r4
,~y';~cf; ~n ~ ¢ y
OFFICIAL PLAN AMENDMENT NO. 21
(MOON POINT CORPORATION)
TOWNSHIP OF ORO-MEDONTE
Township Application # 2004-OPA-02
Prepared by
MERIDIAN
l~~
Township Planning Consultanis
June 6, 2005
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT 2
PART 1: THE INTRODUCTION 3
1.0 PURPOSE 3
2.0 LOCATION 3
3.0 BASIS 3
PART 11 THE AMENDMENT 5
PART III THE APPENDICES fi
Appendix 1: Planning Report prepared by Meridian Planning Consultants
(Township Planning consultani)
BY-LAW
The Corporation of the
Township of Oro-Medonte
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend its Official
Plan as required;
AND WHEREAS the process for considering such an Amendment was in accordance with
Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13.
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate and in the
public interest:
NOW THEREFORE it is resolved that:
1 Amendment number 21 to the Official Plan, attached hereto, is hereby adopted
and;
2 This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, c.P. 13
Read a first and second time on the _day of June, 2005
Read a third time and finally passed this ~ day of June, 2005
Mayor
Clerk
Olficial Plan Amendment 21 MEn~~~AH Page l
(Moon Point Corporation Application) ~ June &, 2005
Township of Oro-Medonte ~
Prepared by
CONSTITUTIONAL STATEMENT
Part !: The Introduction, provides general information regarding the general policy
update. Part 1: The Introduction does not constitute an operative part of
Amendment No. 21 to the Oiticia! Plan.
Part II: The Amendment, provides the details of the Official Plan Amendment. Part
11: The Amendment, including Schedule A constitute the operative parl oT
Amendment No. 21 to the Official Plan.
part 111; The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III:
The Appendices do not constitute an operative part of Amendment No. 21 to the
0lficial Plan.
OtticialPlanAmendment2t`'MERIDIAN Paget
(Moon Point Corporation Application}
,,,,,,w,,,,.,,,.,,,,,.. June 6, 2005
Township of Oro-Medonie
Prepared by
PART 1: 7tiE INTRODUCTION
(this is not an operative part of Official Plan Amendment No. 21)
1.0 PURPOSE
land along the Lake Simtloeeshore6nehiogprovideaior the deveiopmenipofy'agla otpPlanl of
Subdivision.
2.0 LOCATION
The Amendment applies to lands within Part of Lots 15 and 16 in Concession 3 of the former
Township of Orillia, now in the Township of Oro-Medonte, as shown on Schedule 'A', which is
attached to this Amendment.
3.0 BASIS
A Comprehensive Planning Report with attachments is attached io this Amendment as Appendix
'q'. The Planning Report reviews the application in detail and its conformity with the Township of
Oro-Medonte Official Plan.
Section D10.3.8 of the in etiect Official Plan contains a policy that is intended to be considered
when applications for shoreline development are submitted. This policy is reproduced below:
"The tunher expansion o1 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 Ptan Amendment if the expansion is small in scale, and is
either focused on the shoreline ar is considered to be in/filling. In/i0ing is defined as
development that abuts a developed area on two sides and/or is located within a parcel
of land that abuts public roads on at least three sides. The creation of strip development
across tom existing development on existing public roads is not contemplated by this
Plan. ,
Council may consider such minor amendments !o the Official Ptan to redesignate lands
for such limited shoreline development, provided Council is satisfied chat:
a) The lots will have a minimum area o/ 0.6 hectares to a maximum area of
approximately 1.0 hectare, except where larger sizes maybe suitable because o/
environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed tots )s retained and
protected as part of the approvals process;
c) The development s compatible, in terms of scale, density and characteG with
existing deveiopment~
Official Plan Amendment 27 ~;~ERIdIAN Page3
(Moon Point Corporation Application) ~`.~ ~.,,~ ~ June 6, 2005
Township o1 Oro-Medonte
Prepared by
d) The proposed tots, it located on The shoreline, have a water frontage of no less
than 45 metres; and,
e) The lots would conform to the general subdivision and consent porkies of this
Plan.
For Plans of Subdivision that involve the creation of lots wish water frontage, only a single
Fier of lots shalt be created, ad with water 6onfage as set out in Section D1i).3.6 of this
Plan. Jn addition, no new tots with direct access to County Roads are permitted
If major development is proposed {which is defined as development that does not meet
[he above criteria), a detailed review of the entire shoreline area shall be carried out to
determinerf the proposed location is suitable and appropriate from a growth management
perspective."
The Amendment to the Official Pian wilt conform to the policy set out in Section D10.3.8 in every
respect. Specifically:
Each of the proposed tots will have a» area of 0.6 hectares or greaser;
The majority of the existing tree cover on the proposed Tots will be retained and
provisions will be included in both the Subdivision Agreement and the individual Site Plan
Agreements applying to each lot io ensure that the majority of forest cover is maintained;
The proposed development, as a result of its location and large lot sizes, is compatible in
terms of scale, density and character wish existing development;
Each of the proposed Tots will have a water frontage of no less than 45 metres; and,
The general criteria in the Official Plan respecting subdivisions are met.
Council has also had careiui regard to the environmental impact of the proposed development.
The Lake Simcce Region Conservation Authority, who is responsible for providing objective
advice to the Township on environmental planning matters, has confirmed that the site does not
support significant natural features and has recommended that development can proceed
provided cenain conditions are satisfied. These conditions will be included in the implementing
documents. The Lake Simcoe Region Conservation Authority letter is attached to the Planning
Report in Appendix 'A'.
OfticialPlanAmendment2l ice''; MERIDIAN Page4
(Moon Point Corporation Application} } K~ ~n K June 6, 2005
Township of Oro-Medonte
Prepared by
PART I1: THE AMENDMENT
(This is the operative part of Official Plan Amendment No. 21)
ITEM # 1
Section Dt0 01 the Official Plan is amended by adding in a new Section Dt0.9 as set out below:-
°D'10.9 EXCEPTIONS
D10.9.1 Part of Lots 15 and 16, Concession 3 (Orillia)
Notwithstanding any other policy in this Plan, the following policies apply to the
lands shown as being subject to this Section on Schedule'-' to this Plan:
a) No more than f 4 lots by way of Plan of Subdivision shall be developed.
b) The Subdivision Agreement shall contain provisions that require the
preparation of detailed site plans for each lot. The intent of the site plans
is to insure that the majority of the tree cover within the 20 metre setback
area from Lake Simcoe and on the remainder of each lot is maintained
as development occurs. These site plans are to be approved by the
Township and the Lake Simcoe Region Conservation Authority as part of
the approval process.
c) In order io ensure that individual lot owners and future lot owners are
aware of the site planning process, each of the 14 lots shall be subject to
Site Plan Control pursuant to the Planning Act. These Site Plan
Agreements shall include appropriate provisions that provitle for
maximum free retention on the property.
Official Plan Amendmen121 % r
~C~~~~AN Pages
(Moon Point Corporation Application} ~ Mm.em..,~,.~ June fi, 2005
Township of Oro-MedoNe ~
Prepared by
PART 111: THE APPENDICES
Appendix 1 Planning Report prepared by Meridian Planning Consultants (Township Planning
ConsuNant)
Official Plan Amendment 21 `~ MERIDIAN Page 6
{Moon Point Corporation Application) f
Township of Oro-Medonte ~ ~^~°~°"°"°'"` June 6, 2005
Prepared try
,~fuC~rf~,f ` -~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-_
Being a By-law to amend By-law 97-95 to change the zoning of lands owned
by the Moon Point Corporation in Pari of lots 15 and 16, Concession 3
{Orillia)
WHEREAS ii is deemed expedient by Council to amend By-law 97-95 io implement Official Plan
Amendment No. 21 to permit a 14 lot Plan of Subdivision.
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
Schedule 'AS' is hereby amended as set out on Schedule 'A-1' to this ey-law.
2. Section 7.0 {Exceptions) is hereby amended by adding the following sub-section:
"7.762 Notwithstanding any ocher provision in this By-law, the following provisions apply
to the lands denoted by the symbol '162 on the schedules to this By-law:
a) A maximum of 14 Tots are permitted.
b) The minimum tot frontage is 21.8 metres.
c) The maximum width of an access/view corridor extending from the
shoreline to the 20 metre setback tine from the average high water mark
is 12 meves.
3. The bolding provision shall only be lifted once a Site Plan Agreement has been entered
into.
Read a First and Second time on
Read a Third and Final time on _
Mayor
Clerk
Applicant: Moon Point Corporation Date of Decision: June 22, 2005
file Nn.: 204a-Sub-O] Dare of Novice: -- -, 2045
Municipality: Township of Oro-M edonre Last Dare of Appeal: -- --, :005
Subject Lands: Concession 3, P:+rt of Lots IS S l6 (Oritlia)
The Township's conditions and amendments to final plan approval for registration of this
subdivision are as follows:
No. Conditions
1. That this draft plan approval applies to the draft plan prepared b}' ,]ones Consulting dated April 2,
2005, showing 74 Jots in Aart of Lots ] 5 and 1 b, Concession 3 in the former City of Orillia, now the
Township of Oro-Medonte.
2. That 03 metre reserves he included on the final Plan of Subdivision along Street `A', which shall be
conveyed to the Township of Oro-Medonte without monetary consideration and free of all
encumbrances.
3. That the Owner agrees that the road a1low~ance shown as Street 'A' on the draft plan shall be built,
dedicated as a public highway and named to the satisfaction of the Township of Oro-Medonte.
4. That the Owner enter into a Subdivision Agreement wish the municipality, agreeing to satisfy al
conditions, financial and otherwise, of the Township of Oro-Medonte.
5. That the Owner agree to either dedicate to the Township at least 5% of the land to be subdivided a:
public parkland or pay cash-in-lieu ofparkland to the satisfaction of Council.
6. That prior to any site alteration or final approval, a plan or plans shall be prepared to the satisfaction
of the Township Engineer and the Lake Simeoe Region Conservation Authority showing:
a. stormwater management measures;
b. general lot grading ine)uding existing and proposed elevations;
c. building envelopes;
d. septic system locations;
e. driveway locations;
f. erosion control measures;
g. site servicing including water, hydro, telephone, cable TV, and gas services; as well as mainline
utilities and appurtenances in the road allowance; and,
h. areas where existing vegetation is to be retained.
These approved plan(s) will form part of the Subdivision Agreement with the Township of Oro-
Medonte.
7. That the Owner prepare site plans for each lot depicting the information prescribed in Condition 6
as required.
8. That the Owner undertake soil suitability testing on lands proposed for private septic systems to the
satisfaction of the Township of Oro-Medonte.
- Date of Decision: June 32, 2605
A pplicani: Moon Point Corporation Date of r'otice: - --, ?005
File No.: 2004-Sub-O] Last llate of Appeal: ---, 2005
Municipality: To++•nship of Oro-Medonte
Subject Lands: Concevion 3, Part of Lots l5 fi 76 (Orillia)
9. That prior ro final approval, the appropriate zoning shall be in effect for this subdivision, in
accordance with the provisions of the Planning. Act R.S.O. 1990, c. P. 13. Such zoning shall
include a holding provision that shall not be lifted by Council until an appropriate Site Plan
Agreement pursuant to Section 41 of the Planning Act has been emered into between the Township
ofOro-Medonte and the owner of the Jot for which a building permit is requested.
1D. Shat such easements as may be required for utility or drainage purposes shall be granted to the
appropriate authority.
11. That the Subdivision Agreement contain a clause to the effect that individual lot owners will be
required to obtain the services of a professional engineer registered with the Association of
Professional Engineers of Ontario experienced in private sewage system design to prepare a detailed
site development plan for approval by the Township Engineer prior to the issuance of a Sewage
System Permit. This site plan will be in conformity with the plan or plans described above, and will
contain the following:
a) The location of all buildings and structures existing or proposed on the lot.
b) The location, size and header invert elevation of the sewage system including existing and
proposed finished grades.
c} Drainage control measures.
l2. That the Subdivision Agreement contain a clause to the effect that individual lot owners will be
required to enter into a Site Plan Agreement +vith the Township of Oro-Medonte pursuant to Section
47 of the Planning Act R.S.O. 1990 c.P.13 before a building permit can be issued. The Site Plan
Agreement shall deal with the items listed in Conditions 6, ]9, 24, 29 and 30.
13. Thai the Subdivision Agreement contain the following clause:
"The Owner shall include in a71 offers of Purchase and Sale a clause advising perspective
purchasers that a Sire Plan Agreement berweetr individual !01 owners and the Township of Oro-
Medonte pursuant to Section 41 of the Planning Act, R.S.O. 1990 c.P l3 is required before a
building permit can be issued for the lot. "
14. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Township
Engineer, to ensure that all storm water management facilities and sediment and erosion control
measures will be in place prior io any site aheration.
15. That the Owner shall agree in the Subdivision Agreement to engage a qualified professional to
cenify in writing that the works referred to in Item l4 were constructed in accordance with the
plans, repons and specifications, as approved by the Township Engineer.
16. That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
Muskoka Catholic District School Board:
Date of Decision: Jnne 22, 2tlOS
Applicant: Moon Point Corporana° Date of l~oiice: - -, 2005
)~ ile No.: ? 4ll4-Sub-tl1 t.ast Date of A ppeal: - -< 2 005
Municipality: 7o~+•ns6ip of Oro-Medonte
Subject Lands: Concession 3. Part of Lms I5 B l6 (Oriltia)
"The ot+naer shalt include in al! offers ofpurclaase and sale a clause advising prospective
purchasers that pupils Ji•om this development attending educational facilities operated
by the Simcoe Muskoka Catholic District School Board may, be transported
ro/accommodated in temporaryfacilines Orar of the neighbourhood school's area."
17. That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
Couniy District School Board:
"Purchasers, renters, lessees are wanaed that there are na schools planned within this
subdivision, or within waiki+ag distance of it and that pupils may be accommodated in
remporaryfaeilities mad or be directed to facilities outside of the area."
18. That the Owner agree in the Subdivision Agreement to make satisfactory arrangements for the
construction of a mail facility, if required, to the satisfaction of the Township of Oro-Medonte with
confirmation received from Canada Post.
19. That the Owner ensure in the fina3 grading plan that a common drainage Swale system is designed at
the lakeside of the septic systems and primarily along the 20 metre shoreline setback limit. To
minimize impacts on the moisture regime, pervious connections from the drainage Swale along the
20 metre setback at the ponding area locations will be required to ensure some level of waterflow to
these areas.
20. That the Owner agree to include provisions within the Subdivision Agreement which states the
following:
"Purchasers are notified that there were no permissions at the time this subdivision pion was
registered for the construction of docks on the property. Al! works along the shoreline require the
approval of the Lake Simcoe Region Conservation Authority and/or the Ministry of Natural
Resources and/or the Department of Fisheries and {?ceans. "
2l. That the Owner secure appropriate authorization from the Lake Simcoe Region Conservation
Authority or other agency as appropriate pursuant to the Fisheries Act for the outfall design and
construction to eliminate or mitigate Harmful Alteration, Disruption or Destruction of fish habitat.
22. That the Owner agree in the Subdivision Agreement that construction activities on the site are to be
carried out in accordance with the Migratory Bird Convention Act.
23. That the Owner agree in the Subdivision Agreement to satisfy the Township of Oro-Medonte with
respect to lot numbering and to display the lot number and corresponding municipal address in a
prominent location on each loi.
24 setba kefrOom Lake S mcoetto thedsatistfactionroflhe Township of Oro-Medonteltmits of the 20 metre
Date of Decision: June 22, 2005
.Applicant: Moon Point Curporanoo llate of Notice: ----, 2005
Filc No.:2004-Sub-Ol Last Unte ol'Appeal: ----, 2005
- )\1unicipaliiy: Township of Oro•gledonte
Subject Lands: Concession 3, Part of Lots 75 R 76 (Orillia)
25. Prior to final approval and to any grading taking place on the site; a stotmwater management report
incorporating enhanced protection (MOE 2003) be prepared to the satisfaction of the Lake Simcoe
Region Conservation Authority. Provision must be made to locate detention facilities above the
elevation of the I :100 year storm floodline if applicable and if required.
26. That a report be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority
detailing the means whereby erosion and siltation will be minimized and contained on the site both
during and subsequent to the construction period.
27. That the Owner agree in the Subdivision Agreement to maintain alt erosion and siltation control
devices in good repair in a manner satisfactory to the Lake Simcoe Region Conservation Authority.
28. That the Owner agree in the Subdivision Agreement to obtain all necessary Lake Simcoe Region
Conservation Authority permits.
29. That the ONmer prepare a Tree Preservation and Shoreline Access Plan to the satisfaction of the
Lake Simcoe Region Conservation Authority and the Township of Oro-Medonte_ The preparation
of these plans must include the expertise of a registered professional forester. Development
em~elope limits, including, septic system, driveway access, shoreline access and outdoor living
space will be defined and assessed. Development envelopes will alter approximately 40% of each
lot, retaining approximately 60% in anon-manicured vegetated state. Vegetation removal within
the 20 metre setback area from the shoreline will be a maximum of 72 metres of shoreline width for
each lot.
30. That the Owner prepare a Natural Environment Stewardship Manual for prospective purchasers that
will educate the landowner on the value of the woodlands and ephemeral pools as part of the Lake
Simcoe watershed as well as suggestions to maintain the health of the eco-system. This would
cover such aspects, but not be limited to, the value of native vegetarian, control of nuisance plant
and anima] species, the identification of appropriate species for restoration or enhancement
plantings suitable to the area, and limiting pesticide, herbicide and fertilizer use. The manual will
be prepared to the satisfaction of both the Lake Simcoe Region Conservation Authority and the
Township of Oro-Medonte.
3l. That the Owner agree in the Subdivision Agreement to include requirements in the Notice of Offers
of Purchase and Sale for prospective purchasers to the satisfaction of the Lake Simcoe Region
Conservation Authority and the ToHmship of Oro-Medonte that indicate Shat:
a. Water access and views of Lake Simcoe are restricted through the Zoning By-law, Tree
Preservation Plan and Shoreline Access Plan;
b. A Natural Heritage Stewardship Manual as prepared under Condition 30 will be provided to the
perspective purchaser; and,
c of Natueral tResour es and/or Department of Fisherieseand Oceans for shoreline woks. 'Ministry
Date of Decision: June 22, 200E
- applicant: Moon Yoint Corporation bate of Notice: ----, 2005
file No.:2004-Sub-Ol Last bate ofAppeal: ----> 2005
Municipalih~: Toy*nship of Oro-Medonte
Subject Lands: Concession 3, fart of Lots 15 & lb (Orillia}
32. That an appropriate number of test wells be drilled on the site to demonstrate the quality and
quantity of water available to the proposed lots.
33. That an evaluation of individual private sewage disposal options be carried out to the satisfaction of
the Township of Oro-Medome. The intern of the review would be to identify which private sewage
disposal option is the most appropriate in terms of:
• Land area required;
• Ability to treat nitrate; and
• Ability to reduce the amount of phosphorous produced.
34. That the Owner carries out an appropriate archaeological assessment to the satisfaction of the
Ministry of Citizenship, Culture and Recreation.
35. That the Owner prepare a sample site plan and agreement for each lot to the satisfaction of the
Township of Oro-Medonte.
36. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
Muskoka Catholic Separate School Board how Condition 16 has been satisfied.
37. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
County District School Board how Condition 17 has been satisfied.
3$. That prior to the final approval of this plan, the Township is advised in writing by the Lake Simcoe
Region Conservation Authority how Conditions 6, 21, 25, 26, 27, 28, 29, 30 and 31 have been
satisfied.
39. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of
Citizenship, Culture and Recreation how Condition 34 has been satisfied.
NOTES TO DRAFT APPROVAL
]. ]t is the applicant's responsibility to fulfil the conditions of Council's approval and to ensure that the
required clearance letters are forwarded by the appropriate agencies to the Township of Oro-
Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON LOL
2X0, quoting 7owmship file number 2004-sub-01.
2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is
situated in a land titles division and there are certain exceptions.
3. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that access to the
Municipal highway will not be granted across the reserve. h should be shown as a block on the
final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation
of the Township of Oro-Medonte together with the proposed final plan should be sent to the
municipal Clerk.
Date of Decision: dune 22, 200;
Applicant: Murat Poini Corporation Date of Notice:' --> 2005
File No.:2004-Sub-Ol Last Date of Appeal: -- -, 2005
Munieipality: Township of Oro-P1edonte
Subject Lands: Concession 3, Part of Lnts 15 S 16 (Orillia)
]nauguration, or extension of a piped water supply, or a storm drainage system, is subject to the
approval of the Ministry of Environment under sections 23 and 24 of the Ontario Water Resources
Act, R.S.O. 19$0.
5. Hydro One wishes to advise the developer of the following:
(a) the costs of any relocations or revisions to Hydro One facilities which are necessary to
accommodate this subdivision will be borne by the developer
(b} any easement rights of Nydro One are to be respected
(c) the developer should contact the local Nydro One Area Office to verify if any low voltage
distribution lines may be affected by the proposal
b. The final plan approved by the Township must be registered within 30 days or the Township may
withdraw the approval under Section 57{59) of the Planning Act, R.S.O. 1990
7. All measurements in the subdivision final plan must be presented in metric units.
8. Clearances are required from the following agencies:
Corporation of the Township of Oro-Medonte
Box 100
Oro Station, Ontario
LOL 2X0
Simcoe County District School Board
7 ] 70 Highway 26
Midhurst,ON
LOL 7X0
Simcoe Muskoka Catholic District School Board
46 Alliance Blvd.
Barrie,ON
L4M 5K3
Lake Simcoe Region Conservation Authority
120 Bayview Parkway
Box 2$2
Newmarket, Ontario
L3Y 4X1
Ministry of Culture
400 University Ave. 4th Floor
Toronto, ON M7A 2R9
Date of Decision: June 22, 2005
Applicant: Moon Point Corporation Date of Notice: --, 2005
File No.:2004-Sub-41 Last Date ofAppeal: - -> 2005
19tnticipalitp: Toy+'nship of Oro-A7edonte
Cobjcct Lands: Concession 3, Pan of Lots 15 & 76 (Orillia)
If the agency conditions concern conditio»s in the Subdivision Agreement, a copy of the relevant
section of the agreement should be sent to them. This will expedite clearance of the final plan.
9. 7f final approval is not given to this plan within three years of the draft approval date, and no
extensions have been granted, drafr approval sha^ lapse under subsection 51{32) of the Plarming
Act, R.S.O. 1990, as amended. if the Owner wishes to request and extension to draft approval. a
written explanation, must be received by the Township of Oro-Medonte Prior to the lapsing date.
Please note that an updated review of the plan, and revisions to the conditions of approval, may be
necessar;~ if an extension is to be granted.
10. When the Zoning By-lawns being prepared, reference to this subdivision application OM-file
number should be included in the explanatory note. This will expedite the Township's and other
agencies' consideration of the by-law.
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OFFICIAL PLAN AMENDMENT NO. 21
(MOON POINT CORPORATION)
TOWNSHIP OF ORO-MEDONTE
Township Application # 2004-0PA-02
Prepared by
MERIDIAN
~IoIDCOMI'.Ij.llllIN'!'Iilt<<;
Township Planning Consultants
June 6, 2005
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
2
PART I:
THE INTRODUCTION
3
1,0
PURPOSE
3
2,0
LOCATION
3
3,0
BASIS
3
PART II
THE AMENDMENT
5
PART III
THE APPENDICES
6
Append ix 1:
Planning Report prepared by Meridian Planning Consultants
(Township Planning consultant)
BY-LAW 2005-081
The Corporation of the
Township of Oro-Medonte
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
(Moon Point Corporation, Roll # 43-46-030-012-42700-0000)
WHEREAS The Council of fhe Corporation of the Township of Oro-Medonte did on the 5th day of
February 1997 enact By-law No, 97-12 being a By-law to adopt the Official Plan of the Township
of Oro,Medonte
AND WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend its
Official Plan as required;
AND WHEREAS the process for considering such an Amendment is in accordance with Section
17 and 21 of the Planning Act, R,S,O, 1990 c,P 13,
AND WHEREAS is amendment to the Official Plan is deemed to be appropriate and in the public
interest:
NOW THEREFORE it is resolved that:
1,
Amendment Number 21 to the Official Plan, attached hereto and forming part of
this By-law, is hereby adopted and;
2,
This by-law shall come into force and take effect as specified in the Planning Act
R,S,O, 1990, c,p, 13
Read a first and second time on the 13TH day of July. 2005
Read a third time and finally passed this _ day of _, 2005
Mayor, J, Neil Craig
Clerk, Marilyn pennycook
Page 1
June 6, 2005
CONSTITUTIONAL STATEMENT
Part I: The Introduction, provides general information regarding the general policy
update, Part I: The Introduction does not constitute an operative part of
Amendment No, 21 to the Official Plan.
Part II: The Amendment, provides the details of the Official Plan Amendment. Part
II: The Amendment, including Schedule A constitute the operative part of
Amendment No. 21 to the Official Plan,
Part III: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III:
The Appendices do not constitute an operative part of Amendment No, 21 to the
Official Plan.
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
~NG~~"I"IC
Page 2
June 6, 2005
PART I: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No, 21)
1.0 PURPOSE
The purpose of this Amendment is to change the land use designation applying to a parcel of
land along the Lake Simcoe shoreline to provide for the development of a 14 lot Plan of
Subdivision,
2.0 LOCATION
The Amendment applies to lands within Part of Lots 15 and 16 in Concession 3 of the former
Township of Orillia, now in the Township of Oro-Medonte, as shown on Schedule 'A-1', which is
attached to this Amendment.
3.0 BASIS
A Comprehensive Planning Report with attachments is attached to this Amendment as Appendix
'A', The Planning Report reviews the application in detail and its conformity with the Township of
Oro-Medonte Official Plan,
Section D10,3,8 of the in effect Official Plan contains a policy that is intended to be considered
when applications for shoreline development are submitted, This policy is reproduced below:
"The further expansion of the shoreline development area onto lands that are not
designated Shoreline is not permitted by this Plan, Exceptions may be granted through
the approval of an Official Plan Amendment if the expansion is small in scale, and is
either focused on the shoreline or is considered to be infilling, Infilling is defined as
development that abuts a developed area on two sides and/or is located within a parcel
of land that abuts public roads on at least three sides, The creation of strip development
across from existing development on existing public roads is not contemplated by this
Plan,
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 will have a minimum area of 0,6 hectares to a maximum area of
approximately 1,0 hectare, except where larger sizes may be suitable because of
environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained and
protected as part of the approvals process;
c) The development s compatible, in terms of scale, density and character, with
existing development;
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
iI\.ll}iII,jNGI:)')HiIIJ~nll<:,
Page 3
June 6, 2005
d) The proposed lots, if located on 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.
For Plans of Subdivision that involve the creation of lots with water frontage, only a single
tier of lots shall be created, all with water frontage as set out in Section 010,3,6 of this
Plan, In addition, no new lots with direct access to County Roads are permitted,
If major development is proposed (which is defined as development that does not meet
the above criteria), a detailed review of the entire shoreline area shall be carried out to
determine if the proposed location is suitable and appropriate from a growth management
perspective, "
The Amendment to the Official Plan will conform to the policy set out in Section D10,3.8 in every
respect. Specifically:
. Each of the proposed lots will have an area of 0.6 hectares or greater;
. The majority of the existing tree cover on the proposed lots will be retained and
provisions will be included in both the Subdivision Agreement and the individual Site Plan
Agreements applying to each lot to ensure that the majority of forest cover is maintained;
. The proposed development, as a result of its location and large lot sizes, is compatible in
terms of scale, density and character with existing development;
. Each of the proposed lots will have a water frontage of no less than 45 metres; and,
. The general criteria in the Official Plan respecting subdivisions are met.
Council has also had careful regard to the environmental impact of the proposed development.
The Lake Simcoe Region Conservation Authority, who is responsible for providing objective
advice to the Township on environmental planning matters, has confirmed that the site does not
support significant natural features and has recommended that development can proceed
provided certain conditions are satisfied, These conditions will be included in the implementing
documents. The Lake Simcoe Region Conservation Authority letter is attached to the Planning
Report in Appendix 'A',
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
~""NG~~UiWn,~
Page 4
June 6, 2005
PART II: THE AMENDMENT
(This is the operative part of Official Plan Amendment No, 21)
ITEM # 1
Section 010 of the Official Plan is amended by adding in a new Section 010,9 as set out below:
"D10.9
EXCEPTIONS
D10.9.1
Part of Lots 15 and 16, Concession 3 (Orillia)
Notwithstanding any other policy in this Plan, the following policies apply to the
lands shown as being subject to this Section on Schedule 'A l' to this Plan:
a) No more than 14 lots by way of Plan of Subdivision shall be developed,
b) The Subdivision Agreement shall contain provisions that require the
preparation of detailed site plans for each lot. The intent of the site plans
is to insure that the majority of the tree cover within the 20 metre setback
area from Lake Simcoe and on the remainder of each lot is maintained
as development occurs, These site plans are to be approved by the
Township and the Lake Simcoe Region Conservation Authority as part of
the approval process,
c) In order to ensure that individual lot owners and future lot owners are
aware of the site planning process, each of the 14 lots shall be subject to
Site Plan Control pursuant to the Planning Act. These Site Plan
Agreements shall include appropriate provisions that provide for
maximum tree retention on the property,
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
Page 5
June 6, 2005
PART III: THE APPENDICES
Appendix 1
Planning Report prepared by Meridian Planning Consultants (Township Planning
Consultant)
Official Plan Amendment 21
(Moon Point Corporation Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
fU."'M~u;o.;.t"l~
Page 6
June 6, 2005
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Committee of the Prepared By:
PD2005-036 Whole Nick McDonald, RPP
Subject: Moon Point Department:
Development Planning
Applications
Council
File No: 2004-Sub-01,
C. of 2004-0PA-02 and Date: June 22, 2005
W. 2004-ZBA-09
Motion R.M. File #:
# 012013640
Date: Roll #:
030-012-42700
INTRODUCTION
The intent of this report is to review the comments made by agencies and members of the public
wrth respect to the applications for development submitted by the Moon Point Corporation, A
further intent of this report is to provide Planning Advisory Committee and Council with
recommendations on the applications for development.
As Planning Advisory Committee/Council will recall, the Moon Point Corporation is seeking
approval for an Official Plan Amendment which places a portion of the lands in the Shoreline
designation, a Zoning By-law Amendment that places a portion of the lands in the Shoreline
Residential zone, and a Plan of Subdivision application that would allow for the creation of 14
new shoreline lots,
Each of the 14 lots will front on a new public road that extends from Moon Point Drive. Each of
the lots will also have direct water frontage as well. The minimum lot frontage on the road is 21,8
metres (Lot 4) and the highest lot frontage on the road is approximately 50 metres (Lot 1). The
average lot frontage along the road is 27,9 metres, The minimum lot frontage on the water is
47,6 metres (Lot 11), The highest lot frontage along the water is 61 metres (Lot 14), The
average lot frontage along the water is 49 metres, Each of the lots will have a minimum lot area
1
of 0,60 hectares. An 8-1/2 x 11 reduction 01 the Plan of Subdivision is attached to this report as
Attachment #1,
Each of the proposed lots will be serviced by private wells and septic systems, A dry hydrant
accessible to pumper trucks will be installed at the end of the Moon Point Road unopened road
allowance, at Lake Simcoe, It is proposed that the dry hydrant be provided as a suitable
substitute to an on-site fire well and fire storage as required by the Township's engineering
standards,
The homes on the 101 will be set back a minimum of 20 metres from the average high water mark
as per the requirements of the Township's Zoning By-law, A detailed Concept Plan prepared by
the applicant shows the location of each of the homes, the driveways, the septic systems and
proposed access corridors to Lake Simcoe, These access corridors will be no wider than 12
metres, The proponent has indicated that based on the sizes of the lots and the setbacks
proposed, 60% of each of the lots will remain in forest cover. The detailed Concept Plan is
attached to this report as Attachment #2,
In order to deal with issues respecting building location, septic system location, driveway location
and access corridor siting, each of the lots will be subject to Site Plan Control. It is also proposed
as a condition of draft plan approval that a detailed site plan for the entire subdivision be
prepared, This detailed site plan would provide the basis for the individual Site Plan Agreements
that would be entered into following the registration of the Plan of Subdivision, This was the
same process recently followed lor a 13 lot Plan of Subdivision on Highland Drive in the
Horseshoe Resort community,
Adjacent land uses include the Coiumbus Boys Camp iocated to the west and south of the
proposed lots, This camp will be retained by the owner (the Moon Point Corporation) and is not
part 01 the Plan of Subdivision. Lands to the south of the proposed Plan of Subdivision are the
site of a registered Plan of Subdivision (Plan 940) located on the east side of Moon Point Drive,
There are 18 lots within this Plan of Subdivision, The average lot frontage on the street is 34,8
metres, The average lot area is 0,18 hectares, Each of these lots is developed with a home,
The first home in Plan 940 was built in 1955 (lot 4), The remaining homes were developed slowly
over a period of 45 years,
LAKE SIMCOE REGION CONSERVATION AUTHORITY COMMENTS
The Township of Oro-Medonte relies upon the Lake Simcoe Region Conservation Authority
(LSRCA) to provide advice and recommendations on environmental matters, As part of their role,
the LSRCA reviews the majority of applications submitted pursuant to the Planning Act.
In this case, the applications and the supporting documentation were sent to the LSRCA in mid
2004, Prior to the submission of the initial reports, the LSRCA met with the proponents in 2003 to
discuss Environmental Impact Study requirements,
On September 17, 2004, the LSRCA indicated in writing that they required some additional
information from the proponent to complete their review of the applications, Following the
submission of a revised Environmental Impact Statement in October 2004 and a meeting on site
on October 28, 2004, the LSRCA sent an additional letter dated January 12, 2005 requesting
some additional information to complete their review,
2
Following the submission of a further revised EnVIronmental Impact Statement in May 2005, the
LSRCA provided a commenting lel1er to the Township of Oro-Medonte dated June 2, 2005, This
LSRCA lel1er is al1ached to this report as Al1achment #3, Below are a number of quotes from the
June 2, 2005 LSRCA letter:
. "The study meets the intent ot our Terms of Reference at that time (2003) as well as our
current Terms of Reference, The field survey program was scoped based on the site
characteristics, The technical inlormation presented in the report is satisfactory",
. "Based on the additional technical information provided, we do not consider this to be a
significant wildlife area based on breeding birds, as such, ail potential natural heritage
features have now been addressed through the EIS,"
. 'We have no concerns with potential impacts from natural hazards, "
. 'We recommend that the Township require the following aspects to be addressed as part
of the subdivision conditions as the design of the development should be reviewed on a
comprehensive basis for the property rather than through future individual owners,
Measures to preserve the integrity of the shoreline and tree cover are acceptable
provided that the following aspects are included,"
On the basis of the above, the LSRCA is supportive of fhe approval of the requested Official Plan
Amendment, Draft Plan of Subdivision and Zoning By-law Amendment However, they have
made a number of detailed requests regarding each of the documents that will be under
consideration by Council. Specifically, it is requested that:
1. The Official Plan Amendment (OPA) contain some policies that provide some direction on
the nature of vegetation removal in the 20 metre shoreline setback area, the need for
further approvals regarding shoreline works and vegetation retention on the property;
2, The Draft Plan Approval contain conditions that deal with grading, drainage, erosion and
siltation, the need for LSRCA approvals, the need to prepare a Tree Preservation Plan
and Shoreline Access Plan, and the need to prepare a Natural Environment Stewardship
Manual;
3, The Subdivision Agreement include requirements in the Notice of Offers of Purchase and
Sale that indicate that water access and views of Lake Simcoe are restricted through the
Zoning By-law, Tree Preservation Plan and Shoreline Access Plan, and that a Natural
Environment Stewardship Manual has been prepared; and,
4, The Township Zoning By-law Amendment applying to the property includes specific
provisions restricting development within 20 metres of the shoreline and which also
restricts the width of the shoreline access area to 12 metres,
One of the more important conditions requires the preparation of a Tree Preservation Plan and
Shoreline Access Plan to the satisfaction of the LSRCA, Such a Plan must have input from a
registered professional forester, It is the intent of such a Plan to identify development envelopes
that alter no more than 40% of each lot, thereby retaining approximately 60% of each lot in a non-
manicured vegetative state,
3
11 is my opinion that the LSRCA has made every eHort to respond to the conc;erns expressed by
residents regarding the Impacts of development on the environment. On the basis of the LSRCA
comments and their recommendations respecting the 01ficial Plan Amendment, the Draft Plan of
Subdivision and the Zoning By-law Amendment, it IS my opinion that development can proceed
as proposed, All of the conditions discussed above are reviewed later in this report and have
been inciuded within the OHicial Plan Amendment, the Draft Plan Conditions and the Zoning By-
law Amendment, as required,
PUBLIC SUBMISSIONS
The public meeting was held on March 21,2005, Approximately 45 members of the public were
in attendance, During the public meeting, and following the public meeting written submissions
were received from:
NAME DATE
Janet Bumstead Aoril1, 11 and 15, 2005
Jim Woodford March 30 and 31, 2005
Anna Arnold Aoril7,2005
Bob and Dodi Weill Aoril 8, 2005
Donna Gowland Aoril 11, 2005
Kirsten Burlino Aoril 1 0, 2005
Lvnne and Lionel Walters Aoril 7, 2005
William Moore Aoril12, 2005
John and Carolvne Macdonald Aoril 13, 2005
Mark Rosati and Mamaret BurQhardt Aoril 11, 2005
Les and Paula Kirsh April 29, 2005
Teresa Reckret April 13, 2005
Anne Green ADril15,2005
Jessie Alexander March 21 , 2005
Sheila Wood Aoril 15, 2005
Francis Bowers and Marv O'Farrell-Bowers Aoril 29, 2005
Brian and Heather Crate Aoril 4, 2005
Garv and Isabel1e Thiess Aoril 14, 2005
Gerrv and Pam Murfitt Aoril 29, 2005
Moon Point Resident's Association Aori112,2005
A summary of the main points raised in the submissions and our responses are below:
1. Submission - The Township should consider acquiring the property for public use.
Response - The acquisition of the lands for public use is a Council decision. However,
given the opinion and recommendations of Ihe LSRCA and the current policy framework
respecting shoreiine development, it is my opinion that Council should focus more on
acquiring property that is the site of significant natural heritage features, such as lands on
the Oro Moraine.
2, Submission - The proposed development will have a negative impact on the
natural heritage features and functions on the site and beyond,
4
Response - The LSRCA has caretully reviewed the proposal in accordance with the
Provincial Policy Statement, the County ot Simcoe Official Plan and the Township Official
Plan to determine what impact the proposal will have on the environment. The LSRCA
has concluded that there are no significant features or tunctions on the site,
On this basis, they have clearly indicated that they have no opposition to the
development ot the site, provided a number ot detailed conditions are incorporated into
the approvals to ensure that development occurs as planned, Specifically, conditions will
require that a certain percentage ot the tree cover on the property be retained during and
after construction and that an access/view corridor to the lake having a maximum width ot
12 metres be permitted,
3, Submission - The proponent's environmental impact statement has not complied
with the standards set out by the LSRCA regarding the preparation of such
studies,
Response - In their June 2, 2005 letter, the LSRCA has indicated that the work
completed by the proponents was completed In accordance with their requirements,
4. Submission - The Township does not have the staff or consulting expertise to
carry out an environmental analysis of the property.
Response - The Township relies upon the LSRCA to carry out reviews ot Environmental
Impact Studies on behalt ot the Township ot Oro-Medonte, It is my opinion and the
opinion ot the Township that the LSRCA has the staft expertise to properly assess and
consider applications tor development on behalt ot the Municipality.
In the carrying out of their duties, they typically work with a proponent to determine
exactly what needs to be studied arid what their requirements will be prior to making a
final recommendation, Throughout this process, the LSRCA has met with residents, staff
and the proponent on numerous occasions to ensure that it had a complete
understanding ot the issues and was able to provide objective advice to the Township
with respect to this application,
5. Submission - The reports prepared by the proponent do not address the fisheries
resources on Lake Simcoe, tn addition, extremely long docks would be required as
a result of the shallowness of the water and these docks would have a negative
impact on the fisheries.
Response - The final Environmental Impact Statement prepared by the proponents
contains a review ot the fisheries resources on this part 01 Lake Simcoe. It is concluded
that the "nearshore fish community is dominated by forage species, primarily shiners,
minnows and allies, with a seasonal habitat use by yellow perch and smallmouth bass.
This community type is common to Lake Simcoe and to other adjacent waterbodies in
southern Ontario, There is no evidence 01 coldwater fish community production, for
example lake whitefish, using nearshore habitat in this vicinity for either spawning or
nursery habitat,"
The LSRCA has not indicated that they have a concern with the proponent's submission
in this regard, However, it is recommended that conditions be included within the
5
approvals that would require the approval of the LSRCA, the Ministry of Natural
Resources (MNR) andior the Department of Fisheries and Oceans (DFO) for any works
in the shoreline, This is the approach typically followed by the LSRCA for small-scale
developments where individual docking facilities may be proposed, There is no guarantee
that a permit will be issued by the LSRCA for a dock on the site,
6. Submission - The approvals for the proposed development should either be
refused or deferred given that an Assimilative Capacity Study of lake Simcoe is
currently underway.
Response _ The Assimilative Capacity Study currently being undertaken by the Province
and the LSRCA will be completed in 2006, Generally, the LSRCA is concerned about the
amount of phosphorous leaching Into the lake from sewage disposal systems, farming
activities and general runoff from roads, Both the Province and the County have
indicated that planning applications in process need not be delayed until the study has
been completed. In addition, one of the primary focuses of the Assimilative Capacity
Study and the work emanating from that study will be an assessment of sewage
treatment options for large-scale urban development within the Lake Simcoe Watershed,
Given the limited amount of shoreline availabie in the Township of Oro-Medonte for low-
density residential development on private septic systems, no concern has been
expressed by the LSRCA about the added impact of developing 14 homes on the
property on the lake, However, it is my opinion that it would be appropriate to further
study private sewage disposal options on the property to ensure that only systems that
have minimal to non-existent impacts on the environment in terms of nutrients and
phosphorous are developed, tn addition, retaining about 60% of the tree cover on the
property will assist in minimizing the amount ot phosphorous that enters into the lake
from the proposed development.
7. Submission - The introduction of 14 property owners will have an impact on the
seasonat birds and other animals that make use of the shoreline.
Response _ The proponents have indicated that the breeding birds using the property
are likely to adapt to habitat changes on the site, In addition, it proposed to ensure that
all construction on site take place in accordance with the Migratory Bird Convention Act.
Lastly, the retention of the majority of the trees on the site will ensure that there are
minimal impacts on habitat. It should be noted that the LSRCA has indicated that "we do
not consider this to be a significant wildlife habitat based on breeding birds...."
8. Submission - The lands are unsuitable for development as a result of the depth of
the water table.
Response _ It is agreed that the water table is elevated on the lands, As a result, the
proposed leaching beds will have to be raised approximately 1,0 metre above grade and
the homes will be elevated, This is a typical response to elevated water table conditions
and has been considered acceptable in other locations, In addition, the detailed
storm water management report prepared as a condition of draft plan approval will also
address this issue,
6
9, Submission _ The mitigation measures proposed by the developer will not work (or
are unlikely to work),
Response _ A number of conditions are required to be fulfilled as a condition of DraH
Plan Approval. In addition, individual Site Plan Agreements entered into pursuant to the
Planning Act are also required, The Site Plan Agreement will contain a number of
provisions that will require the property owner to ensure that the mitigation measures
recommended by the LSRCA are implemented, However, there is always the possibility
that an individual lot owner will not comply with the agreement. As a result, the Site Plan
Agreement will contain provisions that provide the Township with the ability to order
remedial works and/or carry out the remedial works and bill the individual lot owner, The
Township can also prosecute a breach of the Site Plan Agreement through the courts,
With respect to tree loss, many of the older developments in the Township were not
subject to any specific controls regarding the retention of trees on their properties, As a
result, many of the trees on existing lots on the shorelines of Lake Simcoe and Bass Lake
have been lost. It is for this reason that the Official Plan requires minimum lot sizes of
0,6 hectares to maximize the amount of trees retained on a property, This minimum lots
size, coupled with subdivision agreements and site plan conditions wilf go along way to
ensuring that the maximum number of trees are retained on each lot.
10. Submission - The proposed development will not be consistent with the Provincial
Policy Statement (PPS) and will not be in conformity with the Township's Official
Plan,
Response _ The PPS (March 2005) states in Section 2,1,3 that development shall not be
permitted in significant habitat of endangered and threatened species, in significant
wetlands and in significant coastal wetlands, These features do not exist on the property,
or within 120 metres of the lands to be subdivided,
Section 2,1.4 of the PPS states that development may be permitted in significant
woodlands, significant valleylands, significant wildlife habitat areas and in significant
areas of natural and scientific interest provided it "has been demonstrated that there will
be no negative impacts on the natural features or their ecological functions," The LSRCA
has confirmed that none of the above features exist on the lands to be subdivided and
have indicated that they have no objection to the approval of the applications,
With respect to the Township Official Plan, Council did adopt an Amendment to the
Township of Oro-Medonte Official Plan that included very specific criteria in the Official
Plan to deal with applications within the shoreline area, These criteria were subsequently
approved by the County of Simcoe in February 2005 with no appeals, These criteria are
considered later in this report, however, it should be noted that the proposed
development will conform with these criteria in every respect.
11, Submission - Construction will have an impact on the flow of ground water in the
area, particularly with respect to flooding,
7
Response _ Shaliow groundwater flow on the site is expected to be primarily eastwards
and northwards towards Lake Simcoe, As a result ot the elevated water table on the site,
both the homes and the septic systems will be raised, which should minimize impacts,
The construction of the road may also have impacts on the flow of groundwater, The
storm water management report prepared as a condition of draft plan approval will
address this issue,
12, Submission - The property is one of the last remaining natural areas along the
shoreline and therefore should be preserved,
Response _ It is agreed that the subject property is one of the last remaining properties
along the Lake Simcoe shoreline in Oro-Medonte that has not been developed,
However, there is no policy framework in place at the provincial, county or local level that
is intended to preclude development from occurring for this reason alone, Instead, the
policies require the careful consideration of the impacts of development and the suitability
of the lands for development. It is on this basis that the LSRCA was asked to review the
site and the supporting studies,
It is also agreed that there is some benefit in retaining these natural areas over the long
term, However, this benefit must also be balanced against the aspirations of a
landowner, the policies of the Township's Official Plan and the presence/absence of
significant wildlife habitat or other natural heritage features on the lands,
13. Submission - The reduced lot frontage on the road for the majority of the lots is
inappropriate.
Response - it is agreed that the lots will have reduced frontages at the road, However,
all of the lots will have larger than required frontages on the water, Given the lot sizes
involved (minimum lot size 0,6 hectares) and the depth of the lots, a reduced lot frontage
at the road is considered to be appropriate, The large minimum lot size of 0,6 hectares is
considerably larger than the existing lots that are located to the south of the subject
property along Moon Point Drive, This larger lot area allows for the nesting of the
proposed development in the existing environment.
14, Submission - The proposed development will act as a precedent for future
development in the area.
Response _ With respect to precedent, the policies of the Official Plan currently prohibit
the development of new residential lots on the fringe of the City of Orillia, The exception
is along the shoreline where such development can be designed to blend in and be
compatible with existing shoreline development. Given the location of the property and
the policies of the current Official Plan, it is my opinion that the development will not set a
precedent for additional development along Woodland Drive leading to Memorial Road in
the City of Orillia,
15, Submission - The lands are currently environmentally protected and should be
maintained as such.
Response _ The lands are not designated Environmental Protection 1 or Environmental
Protection 2 by the Township of Oro.Medonte Official Plan, The Environmental
8
Protection 1 designation applies to those features thaf are considered to be significanf
according to the Provincial Policy Statement. The Environmental Protection 2
designation is intended to apply to lands which are not considered to be significant, but
which contribute to the integrity of the Township's Natural Heritage system,
Notwithstanding the above there is smalt area 01 land on the Moon Point property that is
zoned Environmental Protection, However, this zoning has been deemed to be incorrect
by both the Township and the LSRCA, since it was intended to apply to a watercourse,
Such a watercourse, while appearing on old base maps 01 the area, does not exist on the
site,
16, Submission - The proposal will have a negative impact on the wetlands in the area.
Response _ The development is located further than 120 metres lrom the closest
wetland, On this basis, the LSRCA does not have any concerns about the impact on the
proposed development on wetlands in the area,
17, Submission - The construction traffic, in addition to the traffic generated from the
new homes, will have an impact on the area.
Response - It is agreed that there will be additional traffic to the site during the
construction, However, local Township roads are designed to accommodate up to 1000
to 2000 vehicles per day, At the present time, Moon Point Drive does not support that
amount of traf1ic, As a result, the impact of the additionaltraf1ic will be minimal to non-
existent.
18. Submission - Locating a cui-de-sac on the property is not good planning.
Response _ The plan for a cul-de-sac on the property is the most appropriate solution for
development on the site, Creating a through street on the site would result in more
property being utilized for development and more disturbance and tree loss,
19, Submission - The approvals would create a precedent with respect to the
remainder of the camp property,
Response _ With respect to the remainder of the camp property, we are not aware of any
plans on the part 01 the camp to develop the remainder of their property, These plans
would have to be supported by an additional amendment to the Official Plan and Zoning
By-law and a new Plan 01 Subdivision application, In addition, Council would have to
consent to the lifting of 0,3 metre reserve that will be placed on the end of the cul-de-sac,
20, Submission - The development will have an impact on the private wells in the area.
Response _ It is my opinion that the assessment has clearly established that the principle
of developing 14 lots on the basis of private welts and septic systems is supportable,
However, more detailed work wilt be completed as part of the draft approval process and
such work will have to be to the Township's satisfaction before any final approvals are
given,
9
ANAL YSIS
Description and Rationale of E><isting Official Plan Policy
In August 2003, Council adopted Official Plan Amendment No, 17, OPA 17 deleted the last
sentence of Section D10,3,8 which states:
':Any amendment to this Plan that has the effect of permitting additional
residential development adjacent to the Shoreline designation will only be
considered as part of a review 01 the appropriateness 01 the extent and limits of
the entire Shoreline designation that is carried out and is part of an Official Plan
review. "
OPA 17 replaced the above sentence with the following:
':Amendments to this Plan that have the effect of permitting additional residential
development adjacent to the Shoreline designation will be discouraged, If such
an application is submitted, the appropriateness of the immediate area for
development lrom an environmental, servicing, character and traffic perspective
shall be assessed, If major development is proposed, a detailed review of the
entire Shoreline Area shall be carried out to determine if the proposed tocation is
suitable and appropriate from a growth management perspective,"
It was my initial recommendation during the Official Plan review that the Shoreline policies be
modified, since there were a limited number of circumstances under which it was felt that
development could occur, under the right conditions, As a result, initiat drafts of the proposed
policy change included a number of conditions that would have provided the basis for considering
such requests, These conditions dealt with servicing, traffic, location, size 01 lots and
environmental impact. However, the criteria were not incorporated in the final draft of OPA 17
adopted by Council and instead, the policy only referenced the issues that needed to be
considered by Council in a review and an application in the future,
In order to provide some time to review the wording of this Section, Council requested the County
of Simcoe to not make a decision on the modification to Section D10,3,8, The intent of the
request was to ensure that the original intent of Council as articulated in the adopted version 01
OPA 17 was more clearly articulated, The result was the preparation 01 a more detailed policy to
provide and appropriate basis for the consideration 01 applications for development in the
Shoreline Area in the future, This revised policy, as modified by the County of Simcoe, is below,
'The further expansion of the shoreline development area onto lands that are not
designated Shoreline is not permitted by this Plan, Exceptions may be granted
through the approval ot an Official Plan Amendment if the expansion is small in
scale, and is either focused on the shoreline or is considered to be infilling,
Infilling is defined as development that abuts a developed area on two sides
and/or is located within a parcel of land that abuts public roads on at least three
sides, The creation of strip development across from existing development on
existing public roads is not contemplated by thfs Plan.
Council may consider such minor amendments to the Official Plan to redesignate
lands for such limited shoreline development, provided Council is satisfied that:
10
a) The lots will have a minimum area of 0,6 hectares to a maximum area 01
approximately 1.0 hectare, except where larger sizes may be suitable
because of environmental constraints or design considerations;
b) The majority of the existing tree cover on the proposed lots is retained
and protected as part of the approvals process;
c) The development s compatible, in terms of scate, density and character,
with existing development;
d) The proposed lots, if located on the shoreline, have a water frontage of
no less than 45 metres; and,
e) The fots would conform to the general subdivision and consent policies
of this Plan.
For Plans of Subdivision that involve the creation of lots with water frontage, only
a single tier of lots shall be created, all with water frontage as set out in Section
D10,3,6 of this Plan, In addition, no new lots with direct access to County Roads
are permitted,
If major development is proposed (which is delined as development that does not
meet the above criteria), a detailed review of the entire shoreline area shall be
carried out to determine it the proposed location is suitable and appropriate trom
a growth management perspective, "
Conformity of Proposal with the Township Official Plan
The subject lands are designated Restricted Rural in the Oro-Medonte Official Plan, It is
proposed that the lands be designated Shoreline,
The vision of the Official Plan recognizes that the Township's open, relatively natural and rural
character is the quality that residents value most about their community, Section A2,3 of the
Official Plan states that one of the primary principles of the Plan is to consolidate rural
development in existing Settlement Areas to protect the character of rural areas, In addition, it
adds "to ensure that there is a clear spatial delineation between the Barrie and Orillia urban areas
and the rural and agricultural area of Oro-Medonle, new development adjacent to either City shall
be restricted to agricultural and agricultural-related uses".
Although the proposed residential development is located close to the Oro-Medonte/City of Orillia
border, the two areas would most likely never be joined by residential development. To the
northeast of the property are low swampy lands that are unsuited for development and which are
part of the Bluffs Creek wetland, which is considered to be a Provincially Significant Wetland,
The presence of these lowlands within the City of Orillia and in Oro-Medonte will ensure that a
clear spatial delineation is maintained between the built form of Orillia and Oro-Medonte,
With respect to Section 010,3,8, as modified, below is my opinion on how the proposed
development conforms with the criteria set out in that Section,
1. The policy indicates that "exceptions may be granted through the approval of an Official
Plan Amendment if the expansion is small in scale, and is either focused on the shoreline
or is considered to be infilling", Given that the 14 lots proposed are focused on the
shoreline, the consideration of an Official Plan Amendment by Council is permitted by the
policy,
11
2, The policy reqUires that lots have a minimum area at 0,6 hectares and a maximum area
of 1 hectare, All of the lots will have a minimum lot area of 0,6 hectares,
3, The policy requires that the "majority of the existing tree cover on the proposed tots is
retained and protected as part of the approvals process", The proponent has indicated
that 60% of the vegetation on each lot will be retained, This percentage will be
incorporated within the Subdivision Agreement and the Site Plan Agreements that will be
registered on title, As a result, this policy has been satislied,
4, The policy requires that the development be "compatible, in terms of scate, density and
character, with existing development", The proposed shoreline residential lots will have
lot areas that are much larger than the majority of existing lots along the shoreline, The
larger lot size will provide opportunities for the retention of the majority of vegetation on
each lot. In addition, given the location of the lots and the limited amount of land
available for shoreline development around Lake Simcoe, it is anticipated that the homes
will be relatively upscale in nature and well maintained, Lastly, each of the 14 lots will be
accessed by a new public road that intersects with Moon Point Road at an appropriate
location, 11 is not anticipated that the traffic generated trom the 14 fots will have a
measurable impact on the character of the area,
5, The policy requires that each of the proposed lots with water frontage have a water
frontage of no less than 45 metres, Each of the lots will conform with this policy,
6, The policy also requires that the proposal conform with the general subdivision and
consent policies of the Official Plan, On the basis of a review of those policies contained
in the Official Plan, as amended by OPA 17 (Section 02,3), and on the basis of a review
of Section 51 (24) of the Planning Act, as amended, it is my opinion that the proposed
development conforms with those policies in every respect.
It is on the basis of the above that it is recommended that Planning Advisory Committee/Council
adopt the Official Plan Amendment, grant Draft Plan of Subdivision Approval and pass the
Implementing Zoning By-law with a Holding provision,
DOCUMENTATION
The applicant has applied to amend the Official Plan, the Zoning By-law and to obtain approval
for a draft Plan of Subdivision, Given that this report recommends that the applications be
approved, below is a brief discussion on the form of each of the documents that will provide for
the development.
Official Plan
11 is proposed to include site-specific policies in the Shoreline Section of the Official Plan that
would provide very clear guidance on how development on the property is to proceed,
Specifically, the policies will require that detailed site plans be prepared for each lot prior to final
approval and that each lot be the subject of Site Plan Control following final approval of the Plan
of Subdivision, In addition, the policies clearly articulate the intent of the Township with respect to
maintaining forest cover on each of the lots through the site planning process, The proposed
OPA is attached to this report as Attachment #4,
Zoning By-law
It is proposed to place the property in the Shoreline Residential zone, The only exception
required to the zone standards is for the minimum lot frontage. However, it is also appropriate to
12
include a restriction on the number of lots to be developed as well. As a result, the exception will
limit the number of lots permitted on the property to 14 and will provide for a minimum lot frontage
of 22 metres, The Zoning By-law will include a Holding provision that shall not be lifted until Site
Plan agreements have been entered into between the Township of Oro-Medonte and individual
lot owners, The draft Zoning By-law is attached to this report as Attachment #5,
Plan of Subdivision
A comprehensive review of all of the supporting reports and the agency comments has been
undertaken as part of the process of developing a series of draft plan conditions that would apply
to the property, While many of the draft plan conditions are standard conditions that would apply
to any subdivision in the Township, there are a number of unique conditions that are intended to
ensure that the specific recommendations of the LSRCA are implemented, A brief description of
these unique conditions is below,
1, Condition 6 requires the preparation of detailed plans showing:
a) stormwater management measures;
b) general lot grading including existing and proposed elevations;
c) building envelopes;
d) septic system locations;
e) driveway locations;
f) erosion control measures;
g) site servicing including water, hydro, telephone, cable tv and gas services, as
well as main line utilities and appurtenances in the road allowance; and,
h) areas where existing vegetation is to be retained,
2, Condition 12 requires that the Subdivision Agreement contain provIsions notifying
prospective purchasers that a Site Plan Agreement between individual lot owners and the
Township will be required before building permits can be issued,
3, Condition 19 requires fhat a common drainage swale system be designed at the rear of
the septic systems and primarily along the 20 metre shoreline setback limit to ensure that
there is some level of water flow to the ponding area locations adjacent to the berm,
4, Condition 20 indicates that the Subdivision Agreement will include provisions that notify
prospective purchasers that specific approvals will be required for any dock construction
on the property,
5, Condition 29 requires that a Tree Preservation and Shoreline Access Plan be prepared,
It is within this Plan that 60% of each lot will be shown as being retained in a non-
manicured vegetative state,
6, Condition 30 requires that a Natural Environment Stewardship manual be prepared, This
manual is intended to educate lot owners on the value of the woodlands and ephemeral
pools on the property,
The suggested draft plan conditions are attached to this report as Attachment #6, It should be
noted that the conditions require either a 5% land dedication for parkland or cash-in-lieu of
parkland, The draft plan does not show a parkland block, It is my opinion that it would be more
appropriate lor the Township to collect cash-in-Iieu of parkland in this case since the siting of a
13
park tor public use on the lands to be subdivided IS not necessary or in the public interest, since
the potential public use may have an impact on the character ot the area,
RECOMMENDATION
It is recommended to Council that:
1, Report No, PO 2005-036, Nick McDonald, Planning Consultant, re: Moon Point
Development Application, Part ot Lots 15 and 16, Concession 3 (OrIlUa), Township of
Oro-Medonte, File No's: 2004-Sub-01, 2004-0PA-02 and 2004-ZBA-09 be received and
adopted;
2, That Official Plan Amendment No, 21 as set out in Attachment #4 to Report No. PO 2005-
036 be adopted;
3, That Zoning By-Law as set out in Attachment #5 to Report No, PO 2005-036 be passed;
4, That Draft Plan Approval to the lands proposed to be subdivided by the Moon Point
Corporation and application of the draft plan conditions as set out in Attachment #6 to
Report No, PO 2005-036 be granted;
5, And Further That cash-in-lieu of parkland as part of the subdivision approvat process be
authorized,
~eCtfUIlY submitted,
crAtu~
6e.r Nick MCDon~r ;PP
Planning Consultant
C,A,O. Comments:
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Date: 0
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Dept, Head
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recommendation to PA(.doc
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for Lift:
Sent by Facsimile 1_705_487-0133
June 2, 2005
File ]'\os,: 2004-SUB-Ol, 2004-0PA-02 & 2004-ZBA-09
IMS Nos,: PSDClI4C24, POFC234, PZOC465
Mr Bruce Hoppe, Director of Planning
Township of Oro_Mooonte
p,O, Box 100
Qro, ON LOL 2XO
Dear Mr Hoppe:
RE: Proposed Official Plan3nd Zoning By-law Amendments
Proposed Draftl'lan of Subdivision
Columbus Club ofToronlo
Part L015 15 aud 16, Concession 3
TowDshi\lof ()ToMedolJtf ,
The staff of the Lake Simcoe Region Conservation Authority (LSRCA) have reviewed the
Environmental Impact Statement & SWM and Natural Hazard Study Final Study Report
(GreenJand Consulting Engineers and Watershed Management Ecology, May 2005) prepared to
address our comments May 3, 2005, Please nole that only the main document has been revised,
The two appendices remain the same,
In preparing the ,Environmental Impact Study, the consultants contacted the LSRCA at the start
of the projectin 2003 and we reviewed the terms of reference for this project. The Study meets
the intent of our Tcnns ofRcfcrcnee ot that time,as well as our current Term!; of Reference, The
field surveYl'rogram was scoped based on the site eharactelistics. The technical information
presented in the report is satisfactory,
We note that the concept plan illustrates woodland cover remaining on the lots in relatively large
contiguous blocks acrosS the front of the lot. Twelve metre wide access points to the water are
illustrated on the plan and located to retain as naturally appearing shOI~1im' as posoible, The
report indicates that 62% vegetation coverage will remain, We recognize that the concept plan
is illustrative'arid \vill be refined through detail design rhrough the subdivision conditions and
site plan approval:
Based on the additional technical information provided, we do not consider this to be a
significant wildlife area based on breeding birds, as such, all potential natural heritage features
have now been addressoo through the E1S, As well, the concept plan illustrateS development
outside the flood plain.and ero.ion prone areas, Therefore. we have no concerns with potential
impacts from natural hazards. The illustrated vegetation coverage ",'ill assist in providing the
anticipated stormwater quality control.
A number of the conSultant's recommendations propose further work at the site plan control
stage, We recommehd that the T o'\.\'IlSmp require the following aspects to be addressed as part
of subdivision' conditions' as the design or the de....elopment should to be reviewed on a
comprehensive basis for the property rather than through future individual owners, Measures
to preserve the integrity ofthe shoreline and tree covel' are acceptable provide~ that the following
aspects are included.
Page I of4
sUN, 2,2005 t:35PM
NO, 60 i
? 2; 4
lune 2, 2005
File Nos,; 2004-S1JB-Ol, 2004.0PA-02 & 2004-ZBA-09
IMS Nos.: PSDCI14C24, POFC234, PZOC465
M:r Bruce Hoppe, DireCtor ofPla.nni.ng
TO'<'lIlshipOf OrocMedonte
Page 2 of4
1, A tr"epreservation plan and shoreline access plan be prepared by the developer. This
will ensure that development envelopes are located to maximize the woodlot coverage
in larg~contiguousbJocks, while ac_countingfor engineering_requiremenlswith lot
grading, water well and tiJe bed Jocations, Funher, the location of suitable access points
wiJItakeirito consideration sr.oreJine vegelation as well as the localion "rUle ephemeral
pooJs, The preparation of these plans win require thnxpertise of a registered
pro fessfonaTforesier- (iU'FTioi deriiif)'s igiiificani trees on tliesite worthy of protection,
Prior to preparation of these plans, the applicant should wnsult with LSRCA staff to
establish the criteria for identifying significant and specimen trees. We believe it is more
appropriate to recognize these species at the beginning of detail design,
2, We would not recommend clearing of the water access areas by the developer, although
the general cnteri. for water acc.'_' needs to be defined by the developer. The furore lot
owner should be given the opporrunity to leave the shoreline vegetation intact, Limited
shared access should be considered and is recommended by the LSRCA
3, We would recommend that iithe replacement tile bed location is required in the future,
that an-equivalent area be replanted v.ith woody vegetation.
4, We also recommend that a Natural Environment Stewardship Manual (refered to as
Homeo'wner's Manual in the EIS) be prepared as a condition of draft pJan approval and
be made available to prospective lot purchaser's, Tms manual wlll need to be prepared
by a qualified landscape architect,
We have no objection to the Official Plan amendment provided that it includes the following:
1. Vegetation removal within the 20 metre water setback area shall be limited to provide
for viev.ing, access to the shoreline and any shoreline structures. Removal ofa minimum
numbe1" of trees to provid.views of the water will be encouraged along with other less
invasl'\'e measures such as pruning_
2. Shoreline works may require a permit from the Lake Simcoe Region Conservation
Au1bority, Ministry of Natural Resources, aT the Deportment of Fisheries and Oceans,
3, Every effort will be made to retain tree cover with this development. Measures such as
ma.xirriizing-thecontiguous areaofuce:cQver and retaining shoreline vegetation, except
to provide water access or views, in the siting of development envelopes will be used.
Generally the site will be designed such that approximately 60% non-manic-ured
vegetative cov.rwill be retained,
dllN. 2.2005 4:35PM
LSRCA
NO, &G 1
L
June 2, 2005
File Nos.: 2004-S1JB-Ol, 2004-0P A-02 & 2004-ZBA-09
lMS Nos.: PSDCI14C24, POFC234, PZOC465
Mr Bruce Hoppe, Director of Planning
Township ofOro-Medonte
Page 3 of 4
..(
We have no objection to draft plan approval with lhe following conditions:
1, Thanhis approval relates to a draft plan of subdivisi0l1 prepared by Jones Consulting,
daledApti15,2004,
r Pnofto finaJ approval andtD any gradlng takilig plaa on the site, a StDnnwater
Mar.agement Repon incDrporating Enhanced PrOlecriDn (MOE, 2003) be prepared to the
sati5faction ofthe Lake Simcoe Region Conservation Authority. Provision must be made
tD locate detention facilities above the elevation Df the 1:100 year stonn fioDdline if
applicable,
3. That alot grading and drainage plan be prepared to lhe satisfaction Dfthe Lake Simcoe
Region Conservation Authority,
4. That a report hepTepaTed to the satisfaction of the Aulhoriry detailing the means whereby
erosion and sijtation will be minimized and contained on the site both during and
subsequent to lhe consnuclion period.
5, Thatlhe OV.'lJer agree in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the cOD.strUction period in a manner satisfactory to
lheLake Simcoe Region Conservation Authority,
6, That the owner obtain all necessary Authority permits,
7, That the owner prepare a tree preservation plan aIld shoreline access plan to the
satisfaction of lhe Lake Simcoe Region Conservation Authority, The preparation of
these plans must include the expertise of a registered professional forester (RPF),
Development envelope limits, including huilding, septic system, driveway access,
shoreline access. and outdoor living space, will be defi.ned, Development envelopes will
alter approximately 40% of each Jot, retaining approximately 60% in a non-manicured
vegetated state. Vegetation removal within the 20 metre water setback area will be a
maximum of 12 melTes of shoTeline length for each Jot.
8, Thai the owner prepare a Natural Environment Stewardship Manual for prospective
purchasers that will educate the landowner on the value of the woodland. and ephemeral
pools as pan of the Lake Simcoe watershed, as well as suggestions to maintain the health
of the ecosystell1~ This would cover such aspects, but not be limited to, the value of
native vegetation, control of nuisance plant and animal species, identify appropriate
species for restoration or enlHillc(-ment plantu1g's suitable to the area, and limiting
pesticide, herbicide, and fertilizer use, The manual will be pTepared to the satisfaction
of the Lake Simcoe Region Conservation Authority,
..
2, 200S 4: 35PM
~ ~: ~:, C.L
!W,60!
p, 4.,4
June 2, 2005
File Nos,: 2004-SOO-01, 2004-0PA-02 & Z004-ZBA-09
IMS Nos.: PSDCI14C24, POFC234, PZOC465
Mr Blllce Hoppe, Director of Planning
Township ofOro-Medonte
Page 4 of 4
.
9, That the ,ubdi,~sion agreement include requirements in the Notice of Offers of purchase
and Sale for prospective purchasers to the satisfaction of the Lake Simcoe Region
conservation Authority:
,w"ter access and views of Lake Si..'ncoe are restricted through the Zoning By-law,
tree preserV:itionpl3ri,arid shorelinellccessplari:
b) a Natural Enviromnent Stewardship Manual as prepared under condition g will
be provided to tlle prospective purchaser.
c) that permits may be required from the Lake Simcoe Region Conservation
Authority, MinistrY orNatural Resources or Department of Fisheries and Oceans
for shoreline works,
We hove no objection to approval of the 20ning by-law amendment with the following
provisions included:
1.
TIle T O'\'I.'llShip Zoning By-law retnm a minimum development setback of20 metres from
the shoreline. This would include buildings and structures including septic systems, but
excluding docks, boathouses and other shoreline related structures.
2,
A maximum of 12 metres mav be used for shoreline related structures and access,
. .
Please contact me if you have any questions, Please reference the above tile numbers ill future
correspondence,
Yours truly,
~:::i,RPP
Senior Plo.nner
JW/ph
c, Kevin Anderson, The T ay J ak Group, 1-905-665-2031 - Fax
Jim Hartman, Greenland lntemational Consulting Ltd., 1-705-444-5482 - Fax
Geza Ga..<pardy, Watershed Management, Ecology - 1-416-850-5181 - Fax
S:\l'3.nd'\\'\Lc:tl:tt'''lJb.oromtd~,rnoon point 4.W'l'C1
;j",/,.[, r/I, ,/VLPj! f d Y
/J f /t-,(.C I,/f,'
OFFICIAL PLAN AMENDMENT NO. 21
(MOON POINT CORPORATION)
TOWNSHIP OF ORO.MEDONTE
Township Application # 2004-0PA.02
Prepared by
(J t1JJUPlAM
"--'
Township Planning Consultants
June 6, 2005
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
PART I:
1,0
2.0
3,0
PART II
PART III
Appendix 1:
PURPOSE
LOCATION
BASIS
2
THE INTRODUCTION
3
3
3
3
THE AMENDMENT
5
THE APPENDICES
6
Planning Report prepared by Meridian Planning Consultants
(T ownship Planning consultant)
BY-LAW
The Corporation of the
Township of Oro-Medonte
Being a By-law to Adopt
Amendment No. 21 to the Official Plan
WHEREAS The Corporation of the Township of Oro,Medonte is empowered to Amend its Official
Plan as required;
r. ~
AND WHEREAS the process for considering such an Amendment was in accordance with
Section 17 and 21 of the Planning Act, R,S,O, 1990 c,P 13,
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate and in the
public interest:
NOW THEREFORE it is resolved that:
1,
Amendment number 21 to the Official Plan, attached hereto, is hereby adopted
and;
2,
This by-law shall come into force and take effect as specified in the Planning Act
R.S,O, 1990, c,P, 13
Read a first and second time on the _day of June, 2005
Read a third time and finally passed this _ day of June, 2005
Mayor
Clerk
Official Plan Amendment 21 J
(Moon Point Corporation Application) J ....MERIDIAN
Township of Oro-Medonte i ~-~~~
Prepared by ,
Page 1
June 6, 2005
CONSTITUTIONAL STATEMENT
Part I: The Introduction, provides general information regarding the general policy
update, Part I: The Introduction does not constitute an operative part of
Amendment No, 21 to the Official Plan,
Part II: The Amendment, provides the details of the Official Plan Amendment. Part
II: The Amendment, including Schedule A constitute the operative part of
Amendment No, 21 to the Official Plan,
Part III: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part It!:
The Appendices do not constitute an operative part of Amendment No, 21 to the
Official Plan,
Official Plan Amendment 21 rJ"
(Moon Point Corporation Application) {. I. MERIDIAN
Township of Oro-Medonte \. ~..""",,_n'~
Prepared by ..........
Page 2
June 6, 2005
PART I: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No, 21)
1.0 PURPOSE
The purpose of this Amendment is to change the land use deslgna1ion applying to a parcel of
land along the lake Simcoe shoreline to provide tor the development of a 14 lot Plan 01
Subdivision,
2.0 LOCATION
The Amendment applies to lands within Part of lots 15 and 16 in Concession 3 of the former
Township of Orillia, now in the Township of Oro,Medonte, as shown on Schedule 'A', which is
attached to this Amendment.
3.0 BASIS
A Comprehensive Planning Report with attachments is attached to this Amendment as Appendix
'A', The Planning Report reviews the applica1ion in detail and its conformity with the Township of
Oro-Medonte Official Plan,
Section D10,3,8 of the in eHect Official Plan contains a policy that is intended to be considered
when applications for shoreline development are submitted, This policy is reproduced below:
'The further expansion of the shoreline development area onto lands that are not
designated Shoreline is not permitted by this Plan, Exceptions may be granted through
the approval of an Officiat Plan Amendment if the expansion is small in scate, and is
either focused on the shoreline or ;s considered to be infilling, tnfilling is defined as
development that abuts a developed area on two sides and/or is located within a parcel
of land that abuts public roads on at least three sides. The creation of strip development
across from existing development on existing public roads is nof contemplated by this
Plan,
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 will have a minimum area of 0,6 hectares to a maximum area of
approximatefy 1,0 hectare. except where targer sizes may be suitable because of
environmental constraints or design considerafions;
b) The majority of the existing tree cover on the proposed lots is retained and
protected as part of the approvals process;
c) The development s compatible, in terms of scale, density and character, with
existing development;
Official Plan Amendment 21~ /:'J.,
(Moon Point Corporation Application) { I.. MER IDIAN
Township of Oro~Medonte \. ... .. ,",_."lll:;e_J~I"'"
Prepared by
Page 3
June 6, 2005
d) The proposed lots, if located on the shoreline, have a water frontage of no less
than 45 metres; and,
e) The lots would contorm to the general subdivision and consent policies of this
Plan,
For Plans of Subdivision thai involve the creation of lots with water frontage, only a single
tier of lots shall be created, all with water frontage as set out in Seclion Dl0,3,6 of this
Plan. In addition, no new lots with direct access 10 County Roads are permitted,
If major development is proposed (which is defined as development that does not meet
the above criteria), a detailed review of the entire shoreline area shall be carried out to
determine if the proposed location is suitable and appropriate from a growth management
perspective, "
The Amendment to the Otticial Plan will conform to the policy set out in Section 010,3,8 in every
respect. Specifically:
. Each of the proposed lots will have an area of 0,6 hectares or greater;
. The majority of the existing tree cover on the proposed lots will be retained and
provisions will be included in both the Subdivision Agreement and the individual Site Plan
Agreements applying to each lot to ensure that the majority of forest cover is maintained;
. The proposed development, as a result of its location and large lot sizes, is compatible in
terms of scale, density and character with existing development;
. Each ot the proposed lots will have a water frontage of no less than 45 metres; and,
. The general criteria in the Official Plan respecting subdivisions are met.
Council has also had careful regard to the environmental impact of the proposed development.
The Lake Simcoe Region Conservation Authority, who is responsible for providing objective
advice to the Township on environmental planning mallers, has confirmed that the site does not
support significant natural features and has recommended that development can proceed
provided certain conditions are satisfied, These conditions will be included in the implementing
documents, The Lake Simcoe Region Conservation Authority leller is allached to the Planning
Report in Appendix 'A',
Official Plan Amendment 21 ~J\
(Moon Point Corporation Application) ! MER IDIAN
Township 01 Oro-Medonte t" ~_=-.I~nHC
Prepared by '-...r
Page 4
June 6, 2005
PART II: THE AMENDMENT
(ThiS is the operative part of Official Plan Amendment No, 21)
ITEM # 1
Section D10 of the Official Plan is amended by adding in a new Section D10,9 as set out below:
"D10.9
EXCEPTIONS
D10.9.1
Part of Lots 15 and 16, Concession 3 (Orillia)
Notwithstanding any other policy in this Plan, the following policies apply to the
lands shown as being subject to this Section on Schedule '_' to this Plan:
a) No more than 14 lots by way of Plan of Subdivision shall be developed,
b) The Subdivision Agreement shall contain provisions that require the
preparation of detailed site plans for each lot. The intent of the site plans
is to insure that the majority of the tree cover within the 20 metre sefback
area from Lake Simcoe and on the remainder of each lot is maintained
as development occurs, These site plans are to be approved by the
Township and the Lake Simcoe Region Conservation Authority as part of
the approval process,
c) In order to ensure that individual lof owners and future lot owners are
aware of the site planning process, each of the 14 lots shall be subject to
Site Plan Control pursuant to the Planning Act. These Site Plan
Agreements shall include appropriate provisions that provide for
maximum tree retention on the property,
Official Plan Amendment 21 /J
(Moon Point Corporation Application) !.! ME R I DIAN
Township of Oro-Medonte \ fVo_"'lU:C...';J~lI<<;
Prepared by \......-
Page 5
June 6, 2005
.
PART III: THE APPENDICES
Appendix 1
Planning Report prepared by Meridian Planning Consultants (Township Planning
Consultant)
Official Plan Amendment 21 (J/"-'"
(Moon Point Corporation Application) (ME R IDIAN
Township of Oro.Medonte '. _ ~t<IIl ~~nll<.
Prepared by
Page 6
June 6. 2005
/lflac-Am/I'll' p oS
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO, 2005-_
Being a By-law to amend By-law 97-95 to change the zoning of lands owned
by the Moon Point Corporation in Part of lots 15 and 16, Concession 3
(Orillia)
WHEREAS it is deemed expedient by Council to amend By,law 97-95 to implement Official Plan
Amendment No, 21 to permit a 14 lot Plan of Subdivision,
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows,
1, Schedule 'A8' is hereby amended as set out on Schedule 'A-1' to this By-law,
2, Section 7,0 (Exceptions) is hereby amended by adding the following sub-section:
"7,162 Notwithstanding any other provision in this By-law, the following provisions apply
to the lands denoted by the symbol '162 on the schedules to this By-law,
a) A maximum of 14 lots are permitted,
b) The minimum lot frontage is 21.8 metres,
c) The maximum width of an access/view corridor extending from the
shoreline to the 20 metre setback line Irom the average high water mark
is 12 metres,
3, The Holding provision shall only be lilted once a Site Plan Agreement has been entered
into,
Read a First and Second time on
Read a Third and Final time on
Mayor
Clerk
/l-l/acJr7l't'/7tf >?-0
Applicant: Moon PoiOl Corpor.:l1ion
File No,: 2004-Sub-0]
lVJunicipnlity: Township of Oro-.Medontf'
Subject Londs: Concession 3, PHr! of Lots ]5 & ] 6 (OriJJia)
DHte of Decision: Jun" 22, 2005
Date of Notice: --- -, 2005
LHs! Date of Appeal: --- --, 2005
The Townsl1ip's conditions and amendments to final plan approval for registration of this
subdivision are as follows;
No. Conditions
I. That this draft plan approval applies to the draft plan prepared by Jones Consulting dated April 2,
2005, showing 14 lots in Part of Lots] 5 and] 6, Concession 3 in the fanner City of Orillia, now the
Township ofOro-Medonte,
2, That 0,3 metre reserves be included on the final Plan of Subdivision along Street 'A', which shall be
conveyed to the Township of Oro-Medonte without monetary consideration and free of all
encumbrances,
3, That the Owner agrees that the road allowance shown as Street 'A' on the draft plan shall be built,
dedicated as a public highway and named to the satisfaction of the Township ofOro-Medonte.
4, That the Owner enter into a Subdivision Agreement with the municipality, agreeing to satisJy all
conditions, financial and otherwise, of the Township ofOro-Medonte,
5, That the Owner agree to either dedicate to the Township at least 5% of the land to be subdivided as
public parkland or pay cash-in-lieu of parkland to the satisfaction of Co unci!.
6, That prior to any site alteration or final approval, a plan or plans shall be prepared to the satisfaction
of the Township Engineer and the Lake Simcoe Region Conservation Authority showing:
a. stormwater management measures;
b, general ]ot grading including existing and proposed elevations;
c, building envelopes;
d, septic system locations;
e, driveway locations;
f erosion control measures;
g, site servicing including water, hydro, telephone, cable TV, and gas services; as well as mainline
utilities and appurtenances in the road allowance; and,
h, areas where existing vegetation is to be retained,
These approved planes) will fonn part of the Subdivision Agreement with the Township of Oro-
Medonte,
7, That the Owner prepare site plans for each lot depicting the information prescribed in Condition 6
as required,
8, That the Owner under1ake soil suitability testing on lands proposed for private septic systems to the
satisfaction of the Township ofOro-Medonte.
Applicant: Moon Point Corpon!1ion
File No,: 2004-Sub-Ol
Municip~llity: Township of Oro-Medon1e
Subject Lands: Concession 3, Part of Lots J5 & ]6 (Orillial
Da1e of Decision: June 22, 2005
Date of Notice: ._- -., 2005
Lost Dole of Apl",al: --. --, 2005
9, That prior to final approval, the appropriate zoning shall be in effect for this subdivision, in
accordance with the provisions of the Planning Act R,S,O, 1990, c, P,]3, Such zoning shall
include a holding provision that shall not be lifted by Council until an appropriate Site Plan
Agreement pursuant to Section 4 I of the Planning Act has been entered into between the Township
of Oro-Medonte and the owner of the lot for which a building permit is requested,
10, That such easements as may be required for utility or drainage purposes shall be granted to the
appropriate authority,
1], That the Subdivision Agreement contain a clause to the effect that individual lot owners will be
required to obtain the services of a professional engineer registered with the Association of
Professional Engineers of Ontario experienced in private sewage system design to prepare a detailed
site development plan for approval by the Township Engineer prior to the issuance of a Sewage
System Permit. This site plan will be in conformity with the plan or plans described above, and will
contain the following:
a) The location of all buildings and structures existing or proposed on the lot,
b) The location, size and header invert elevation of the sewage system including existing and
proposed finished grades,
c) Drainage control measures,
12, That the Subdivision Agreement contain a clause to the effect that individual lot owners will be
required to enter into a Site Plan Agreement with the Township of Oro-Medonte pursuant to Section
41 of the Planning Act R,S,O, 1990 c,P, 13 before a building permit can be issued, The Site Plan
Agreement shall deal with the items listed in Conditions 6, ] 9, 24, 29 and 30,
13, That the Subdivision Agreement contain the following clause:
"The Owner shall include in all offers of Purchase and Sale a clause advising perspective
purchasers that a Site Plan Agreement between individual lot owners and the Township of 01'0-
Med011le pursua11lto Section 41 of the Planning Act, R,S,O, 1990 c,P 13 is required before 0
building permit can be issuedfor the lot, "
14, That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Township
Engineer, to ensure that all storm water management facilities and sediment and erosion control
measures will be in place prior to any site alteration,
] 5. That the Owner shall agree in the Subdivision Agreement to engage a qualified professional to
certify in writing that the works referred to in ltem ] 4 were constructed in accordance with the
plans, reports and specifications, as approved by the Township Engineer,
]6, That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
Muskoka Catholic District School Board:
Applicant: Moon Point Corpon1tion
File No,: 2004-Sub-0]
J\1unicipality: Township of Oro-JVh'doll1f
Subject Lands: Concession 3, Pa,-I of Lots)5 & ]6 (O,-iJlia)
Date of Decision: June 22, 2005
Date of Notice: --- --, 2005
Last Date of Appeal: m --, 2005
"The owner shall include in all offers of purchose ond sole a clause advising prospective
purchasers that pupils Fom this development allending educational facilities operated
by the Simcoe Muskoka Catholic District School Board may, be transported
to/accommodated in temporary facilities out of the neighbourhood school's area, "
17, That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
County District Schoo] Board:
"purchasers, renters, lessees are warned that there are no schools planned within this
subdivision, or within walking distance of it and that pupils may be accommodated in
temporary facilities and or be directed to facilities outside of the area, "
18, That the Owner agree in the Subdivision Agreement to make satisfactory arrangements for the
construction ofa mail facility, if required, to the satisfaction of the Township ofOro-Medonte with
confinnation received from Canada Post,
19, That the Owner ensure in the final grading plan that a common drainage swa]e system is designed at
the lakeside of the septic systems and primarily along the 20 metre shoreline setback limit, To
minimize impacts on the moisture regime, pervious connections from the drainage swale along the
20 metre setback at the ponding area locations will be required to ensure some level of waterflow to
these areas,
20, That the Owner agree 10 include provisions within the Subdivision Agreement which states the
following:
"Purchasers are notified Ihat there were no permissions al the rime this subdivision plan was
registered for Ihe construction of docks on the property, All works along the shoreline require the
approval of the Lake Simcoe Region Conservation Authority and/or the Ministry of Natural
Resources and/or the Department of Fisheries and Oceans, "
21. That the Owner secure appropriate authorization from the Lake Simcoe Region Conservation
Authority or other agency as appropriate pursuant to the Fisheries Act for the outfall design and
construction to eliminate or mitigate Hannfu] Alteration, Disruption or Destruction offish habitat,
22, That the Owner agree in the Subdivision Agreement that construction activities on the site are to be
carried out in accordance with the Migratory Bird Convention Act,
23, That the Owner agree in the Subdivision Agreement to satisfy the Township of Oro-Medonte with
respect to lot numbering and to display the lot number and corresponding municipal address in a
prominent location on each lot.
24, That the Owner agree in the Subdivision Agreement to pemlanently stake the limits of the 20 metre
setback from Lake Simcoe to the satisfaction of the Township ofOro-Medonte.
Applicant: Moon Point Corporation
File No,: 2004-Sub-0]
Municipality: Township of Oro-Medonte
Subject Lands: Concession 3, Part of Lots ]5 & ]6 (Orillia)
Date of Decision: June 22. 20D:;
Date of Notice: --- --, 2005
Last Date of Appeal: --- --, 2005
25, Prior to final approval and to any grading taking place on the site, a stonnwater management report
incorporating enhanced protection (MOE 2003) be prepared to the satisfaction of the Lake Simcoe
Region Conservation Authority, Provision must be made to locate detention facilities above the
elevation of the 1: 1 00 year storm tloodline if applicable and if required,
26, That a report be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority
detailing the means whereby erosion and siltation will be minimized and contained on the site both
during and subsequent to the construction period,
27, That the Owner agree in the Subdivision Agreement to maintain all erosion and siltation control
devices in good repair in a manner satisfactory to the Lake Simcoe Region Conservation Authority,
28, That the Owner agree in the Subdivision Agreement to obtain all necessary Lake Simcoe Region
Conservation Authority pennits,
29, That the Owner prepare a Tree Preservation and Shoreline Access Plan to the satisfaction of the
Lake Simcoe Region Conservation Authority and the Township ofOro-Medonte- The preparation
of these plans must include the expertise of a registered professional forester. Development
envelope limits, including, septic system, driveway access, shoreline access and outdoor living
space will be defined and assessed, Development envelopes will alter approximately 40% of each
lot, retaining approximately 60% in a non-manicured vegetated state, Vegetation removal within
the 20 metre setback area from the shoreline will be a maximum of 12 metres of shoreline width for
each lot.
30, That the Owner prepare a Natural Environment Stewardship Manual for prospective purchasers that
will educate the landowner on the value of the woodlands and ephemeral pools as part of the Lake
Simcoe watershed as well as suggestions to maintain the health of the eco-system, This would
cover such aspects, but not be limitcd to, the value of native vegetation, control of nuisance plant
and animal species, the identification of appropriate species for restoration or enhancement
plantings suitable to the area, and limiting pesticide, herbicide and fertilizer use, The manual wHl
be prepared to the satisfaction of both the Lake Simcoe Region Conservation Authority and the
Township ofOro-Medonte.
3 I, That the Owner agree in the Subdivision Agreement to include requirements in the Notice of Offers
of purchase and Sale for prospective purchasers to the satisfaction of the Lake Simcoe Region
Conservation Authority and the Township ofOro-Medonte that indicate that:
a, Water access and views of Lake Simcoe are restricted through the Zoning By-law, Tree
Preservation Plan and Shoreline Access Plan;
b, A Natural Heritage Stewardship Manual as prepared under Condi'tion 30 wi]] be provided to the
perspective purchaser; and,
c, That penn its will be required from the Lake Simcoe Region Conservation Authority, Ministry
of Natural Resources and/or Department of Fisheries and Oceans for shoreline works,
Applic:.ml: Moon Point Corponl1ion
File No,: 2004-Sub-OJ
J\1unicipnlity: Township of Oro-Medonh>
Subj.>ct Londs: Concession 3, Port of LoIs J5 & J6 (Orillio)
Date of Decision: Jun'e 22, 2005
Dale of Notice: --- --, 2005
Lost Date of Appeal: --- --, 2005
32, That an appropriate number of test wells be drilled on the site to demonstrate the quality and
quantity of water available to the proposed lots,
33, That an evaluation of individual private sewage disposal options be carried out to the satisfaction of
the Township ofOro-Medonte, The intent of the review would be to identify which private sewage
disposal option is the most appropriate in terms of:
. Land area required;
. Ability to treat nitrate; and
. Ability to reduce the amount of phosphorous produced,
34, That the Owner carries out an appropriate archaeological assessment to the satisfaction of the
Ministry of Citizenship, Culture and Recreation,
35, That the Owner prepare a sample site plan and agreement for each lot to the satisfaction of the
Township ofOro-Medonte,
36, That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
Muskoka Catholic Separate School Board how Condition 16 has been satisfied,
37, That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
County District School Board how Condition 17 has been satisfied,
38, That prior to the final approval of this plan, the Township is advised in writing by the Lake Simcoe
Region Conservation Authority how Conditions 6, 21, 25,26,27,28,29,30 and 31 have been
satisfied,
39, That prior to the final approval of this plan, the Township is advised in writing by the Ministry of
Citizenship, Culture and Recreation how Condition 34 has been satisfied,
NOTES TO DRAFT APPROVAL
1. 11 is the applicant's responsibility to fulfil the conditions of Council's approval and to ensure that the
required clearance letters are forwarded by the appropriate agencies to the Township of Oro-
Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Ora, ON LOL
2XO, quoting Township file number 2004-sub-0I,
2, The Land Titles Act requires all new plans be registered in a Land Titles system if the land is
situated in a land titles division and there are certain exceptions,
3, The Township of Orc-Medonte uses a 0,3 metre reserve to notify the public that access to the
Municipal highway will not be granted across the reserve, 1t should be shown as a block on the
final plan outside the road allowance, Deeds in triplicate conveying this reserve to the Corporation
of the Township of Oro-Medonte together with the proposed final plan should be sent to the
municipal Clerk,
Applic~mt: Moon Point Corpor::l1ion
File No.: 2004-Sub-01
l\1unicipalit)': To'wnship of Oro~Medont('
Subject Lands: Concession 3, l'ar1 of Lots 15 & 16 (Odilia)
Date of Decision: ,June 22, 2005
Date of Noliee: --- n, 2005
Last Date of Appeal: --- --, 2005
4, Inauguration, or extension of a piped water supply, or a storm drainage system, is subject to the
approval of the Ministry of Environment under sections 23 and 24 of the Ontario Water Resources
Act, R,S,O, ]980,
5, Hydro One wishes to advise the developer of the following:
(a) the costs of any relocations or revisions to Hydro One faciJities which are necessary to
accommodate this subdivision will be borne by the developer
(b) any easement rights of Hydro One are to be respected
(c) the developer should contact the local Hydro One Area Office to verify if any low voltage
distribution lines may be affected by the proposal
6, The final plan approved by the Township must be registered within 30 days or the Township may
withdraw the approval under Section 5](59) of the Planning Act, R,S,O, 1990
7, All measurements in the subdivision final plan must be presented in metric units,
8. Clearances are required from the following agencies:
Corporation of the Township of Oro-Medonte
Box 100
Oro Station, Ontario
LOL2XO
Simcoe County District School Board
I ]70 Highway 26
Midhurst,ON
LOL IXO
Simcoe Muskoka Catholic District School Board
46 Alliance B]vd,
Barrle,ON
L4M 5K3
Lake Simcoe Region Conservation Authority
]20 Bayview Parkway
Box 282
Newmarket, Ontario
L3Y 4X]
Ministry of Culture
400 University Ave, 4th Floor
Toronto, ON M7A 2R9
.. Applicant: ]\1oon Point Corporalion
file No,: 2004-Sub-0]
Municipalit)': Township of Oro-Medonte
Subject Lunds: Concession 3, rurt of Lots 15 & ]6 (Orilliu)
Date of Decision: June 22, 2005
Date of Notice: --- --, 2005
Lust Dute of Appeul: - --, 2005
.
Jf the ugency conditions concern conditions in the Subdivision Agreement, a copy of the relevant
section of the agreement should be sent to them. This wiB expedite clearance of the final plan,
9, If final approval is not given to this plan wilhin three years of the draft approval date, and no
extensions have been granted, draft approval shaJl lapse under subsection 51(32) of the Planning
Act, R.S.O, 1990, as amended, If the Owner wishes to request and extension to draft approval. a
written explanation, must be received by the Township ofOro-Medonte Prior to the lapsing date,
Please note that an updated review of the plan, and revisions to the conditions of approval, may be
necessary if an extension is to be granted,
10, When the Zoning By-law is being prepared, reference to this subdivision application OM-file
number should be included in the explanatory note, This wiJ] expedite the Township's and other
agencies' consideration of the by-law,