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09 19 2005 PAC Agenda TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MEETING AGENDA Robinson Room Date: Monday September 19, 2005 Time: Immediately following Public Meetings scheduled for 7:00 p.m. 1. Opening of Meeting by Chair 2. Adoption of Agenda 3. Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. 4. Minutes of Previous Meetings - July 18, 2005 5. Correspondence and Communication None 6. Planning Applications (a) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Helen Anderson, Part of Lot 9, Concession 14 (Oro), Township of Oro-Medonte, Application 2005-0PA-01 (Applicant to be afforded an opportunity to speak to the application subsequent to the review of the report) (b) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Horseshoe Resort Corporation - Parts 1, 17 and 41, Plan 51R- 32830 (Medonte), Township of Oro-Medonte, Applications 2005-ZBA- 15 and 2005-ZBA-16 (Applicant to be afforded an opportunity to speak to the application subsequent to the review of the report) (c) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Markus and Sonja Schneider - East Part of Lot 1, Concession 7 (Ore), Township of Oro-Medonte, 3224 Line 7 North, Application P- 134/02 (Applicant to be afforded an opportunity to speak to the application subsequent to the review of the report) 7. Other Business a. Next PAC Meeting - Monday October 17, 2005 8. Adjournment , . 4-1 TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES 2003-2006 TERM July 18, 2005 @ 7:16 p.m. Robinson Room I Council Chambers Present: Council Representatives Mayor J. Neil Craig Deputy Mayor Harry Hughes Councillor John Crawford Councillor Ruth Fountain Public Representatives Terry Allison Robert Barlow Mel Coutanche John Miller Regrets: Councillor Dan Buttineau, Councillor Ralph Hough, Councillor Paul Marshall, Craig Drury Staff Present: Bruce Hoppe, Director of Planning; Janette Teeter, Clerk's Assistant Also Present: John Miller, Mel Coutanche. Robert Barlow, Terry Allison, Kris Menzies, John Evans, Vina Peacock, William Peacock, Peter Hill, Andria Leigh, Jim Graham, Stacey Graham, David Bachly, AI and Janet Panting 1. Opening of Meeting by Chair. Mayor J. Neil Craig assumed the chair and called the meeting to order. 2. Adoption of Agenda. Motion No. PAC-1 Moved by Robert Barlow, Seconded by Terry Allison It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, July 18, 2005 be received and adopted. Carried. 3. Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. None declared. Lf-J. 4. Minutes of Previous Meetings - June 13, 2005. Motion No. PAC-2 Moved by Robert Barlow, Seconded by Terry Allison It is recommended that the minutes of the Planning Advisory Committee Meeting held on June 13, 2005 be received and adopted. Carried, 5. Correspondence and Communication. None. 6. Planning Applications. a) Planning Report presented by Bruce Hoppe, Director of Planning, Re: TRY Recycling Inc. - Part of Lot 19, Concession 8 (Oro), Township of Oro-Medonte, Application 2005-ZBA-22. Andria Leigh, Consultant; Peter Hill, applicant and Jim Graham distributed copies of a Conceptual Site Plan, Rezoning Proposal with Aerial Photo and Try Recycling Inc., information package to the Committee. Motion No. PAC-3 Moved by Terry Allison, Seconded by Robert Barlow It is recommended that 1. Report No. PO 2005-048, Bruce Hoppe, Director of Planning re: Application for Rezoning, TRY Recycling Inc. - 2005-ZBA-22 be received and adopted; 2. And Further That the applicant submit a plan of subdivision application with supporting documentation to properly address the policies of the Official Plan. Lost. Planning Advisory Committee Meeting July 18, 2005, Page 2 Lf-~ b) Planning Report presented by Bruce Hoppe, Director of Planning, Re: William Peacock - Lot 20 and West Part of Lot 21, Plan 798 (Oro), Township of Oro- Medonte, 37 O'Connell Lane, Application 2005-ZBA-20. Motion No. PAC-4 Moved by Terry Allison, Seconded by Robert Barlow It is recommended that 1. Report No. PO 2005-047, Bruce Hoppe, Director of Planning re: Application for Rezoning - Peacock, 37 O'Connell Lane, Ora Station be received and adopted; 2. And Further That it is recommended to Council that Application 2005-ZBA-20, submitted by William Peacock respecting 37 O'Connell Lane (Oro), Township of Oro-Medonte proceed to a Public Meeting pursuant to Section 34 of the Planning Act. Carried. c) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Bachly Investments Inc. - Blocks 65 to 69 inclusive, Registered Plan 51M-679 (Medonte), Township of Oro-Medonte, Application 2005-ZBA-19. Motion No. PAC-S Moved by John Miller, Seconded by Mel Coutanche It is recommended that 1. Report No. PO 2005-044, Bruce Hoppe, Director of Planning re: Rezoning Application - Bachly Investments Inc., Blocks 65-69, Plan 51M-679, Moonstone be received and adopted; 2. And Further That it is recommended to Council that Application 2005-ZBA-19 for rezoning submitted by Bachly Investments Inc. respecting Blocks 65-69, Registered Plan 51 M-679 (Medonte), Township of Oro-Medonte proceed to a Public Meeting pursuant to Section 34 of the Planning Act. Carried. Planning Advisory Committee Meeting July 18, 2005, Page 3 Lf-'f d) Planning Report presented by Bruce Hoppe, Director of Planning, Re: John Evans - Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte, 611 Mount St. Louis Road, Application 2005-ZBA-17. Motion No. PAC-6 Moved by John Miller, Seconded by Mel Coutanche It is recommended that 1. Report No. PO 2005-045, Bruce Hoppe, Director of Planning re: Application for Rezoning - John Evans, Part of Lot 10, Concession 5 (Medonte), Township of Oro- Medonte, 611 Mount St. Louis Road be received and adopted; 2. And Further That it is recommended to Council that Application 2005-ZBA-17 for rezoning submitted by John Evans respecting 611 Mount St. Louis Road proceed to a Public Meeting pursuant to Section 34 of the Planning Act. Carried. e) Planning Report presented by Bruce Hoppe, Director of Planning, Re: AI and Janet Panting - Part of Lot 26, Concession 2 (Oro), Township of Oro-Medonte, 2018 Old Barrie Road West, Application 2005-ZBA-21. Motion No. PAC-7 Moved by Mel Coutanche, Seconded by John Miller It is recommended that 1. Report No. PO 2005-046, Bruce Hoppe, Director of Planning re: Application for Rezoning - Panting, 2018 Old Barrie Road West be received and adopted; 2. And Further That it is recommended to Council that Application 2005-ZBA-21 for rezoning submitted by AI and Janet Panting respecting 2018 Old Barrie Road West proceed to a public Meeting pursuant to Section 39 of the Planning Act. Carried. 7. Other Business. Next PAC Meeting - Monday September 12, 2005 Planning Advisory Committee Meeting July 18, 2005, Page 4 Lf-S 8. Adjournment. Motion No. PAC-8 Moved by Mel Coutanche, Seconded by John Miller It is recommended that we do now adjourn at 8:25 p.m. Carried. Director of Planning, Bruce Hoppe Chair, Mayor J. Neil Craig Planning Advisory Committee Meeting July 18, 2005, Page 5 6(a) - I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Planning Advisory Prepared By: PD 2005-0S0 Committee Nick McDonald RPP Subject: Helen Department: Anderson - Application Planning 200S-0PA-01 Concession 14, Part of East Half of Lot 9 (Oro) Council C. of Date: September 14, W. 200S Motion R.M. File #:D09014379 # Date: Roll #:010-00S-42000- 0000 BACKGROUND An application for Officii'll Plan Amendment was submitted by Helen Anderson in January 2005. The purpose of the application is to redesignate a portion of the property from the Mineral Aggregate Resources designation to the Agricultural designation. Once the lands are redesignated, the landowner wishes to sever the portion designated Agricultural from the remainder of the property, which is part of the Hillway Pit #5 operation and designated Mineral Aggregate Resources. In this regard, a consent application has also been submitted, but it has been deferred until the Official Plan Amendment has been further considered by the Township. On March 8, 2005, Ms. Andria Leigh prepared report PD2005-015 (Attachment #1). It was recommended in the March 8, 2005 report that the application not proceed to a public meeting 1 G{ 0.) - :;z until such time as comments are received from the Ministry of Natural Resources (MNR) regarding the application. The MNR was contacted to determine if the redesignation and possible severance would raise any concerns with respect to the compatibility of the use on the parcel to be severed with the existing Pit #5 operation. In addition, given that the lands are currently designated Mineral Aggregate Resources, comments were required from the MNR to determine whether any of the objectives of the Province with respect to aggregate extraction were being adversely affected. On June 13, 2005, the MNR responded to the Township's request for comments (Attachment #2). The intent of this report is to review the comments of the MNR and to provide a recommendation to Planning Advisory Committee on how to proceed with respect to this application. ANALYSIS In their letter, the MNR indicates that they support the recommendations made by Mr. Fitzgerald of Geological Investigations in support of the application. Mr. Fitzgerald's letter dated November 18, 2004 is attached to the March 8, 2005 Planning Report. In his letter, Mr. Fitzgerald indicates that: . The extraction of aggregate from the lands to be redesignated is not economical; . The approval of the application will have no effect on the future extraction of aggregates on lands to the east; and, . The continued use of the residence on the property will have no effect on the continuing operation of Hillway Pit #5. However, it is noted by Mr. Fitzgerald that only the existing land uses be permitted, if the severance is granted in the future. On the basis of a review of the application and the comments submitted by the MNR, it is clear that the lands have limited potential for resource extraction. As a result, the redesignation of lands from Mineral Aggregate Resources to Agricultural appears to be supportable from a land use perspective. However, the intent of the OPA application is to provide the basis for the consideration of an application to sever the subject lands from the balance of the property. At the present time, the Official Plan does not contain any policy that would provide for the severance of a portion of the Anderson property from a licensed gravel pit. This means that if the property was redesignated, a special exception would also have to be included within the Official Plan to permit the severance. Although it will not necessarily be a consideration as part of the OPA application, the long term impacts of the severance do have to be considered, particularly as it relates to the viability of the lands and the lands under license for agricultural use in the future. As mentioned previously, the majority of the remainder of the property is currently licensed and under extraction. Over the long term, as extraction on the Pit #5 property ceases, it is the intent of the Province and the Township that the iands be rehabilitated. Given the predominant land use in the area is agricultural, it would aiso be anticipated that the lands be restored to agricultural use. However, it 2 60.-3 should be noted that the Township recently approved the washing of aggregate on the Hillway Pit #5 lands from other pits, most notably on the 12'h Line. This means that the washing of aggregate may occur on the site long after the supply of aggregate on the Pit #5 site has been exhausted. Over the very long term, the ultimate goal would be that the lands become a viable farm and become capable of producing crops or livestock. The implications of severing the portion of the property containing the home and outbuildings from the remainder of the property may have an impact on the viability of the parcel for farming activities over the long term. On this basis, it is recommended that the opinion of a professional agronomist be sought on the impact of a potential severance on the viability of the parcel as a whole. Notwithstanding the above, it is recommended that the application proceed to a public meeting, since all of the information necessary to support the change in the land use designation is available. RECOMMENDATION On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report No. PD 2005-050 be received and adopted; and, 2. THAT the application for rezoning submitted by Helen Anderson respecting Application 2005-0PA-01, Concession 14, Part of East Half of Lot 9 (Oro), Township of Oro-Medonte be scheduled for a Public Meeting pursuant to Section 17 of the Planning Act. Respectfully submitted, ~~~ ~iCk McDonald, MCIP, RPP V Township Planning Consultant C.A.O. Comments: Date: CAO. Dept. Head 6 c., A- Dept. Report No. To: Prepared By: PD2005-015 Planning Advisory . Andria Leigh, RPP Committee . Subject: Department: Council . Planning Helen Anderson, .. C.ofW. Development Application Date: March 8, 2005 2005-0PA-01 . . Motion # Concession 14, Part of R.M. File #: East Half of Lot 9 (Oro) 009 014379 Date: RolI#: 010-005-42000-0000 At1AGt'M~t-\f -- I TOWNSHIP OF ORO..MEDONTE REPORT . t BACKGROUND: I In January 2005 an application for an Official Plan Amendment was submitted by Helen Anderson, owner of Part of the East Half of Lot 9, Concession 14 (Ora). The purpose of the application is to re- designate a portion of the property from the Mineral Aggregate Resources designation to the Agricultural designation and permit the severance of the existing single detached dwelling located on the property. The applicant has also submitted the Consent application to be reviewed before the Committee of Adjustment, which will be deferred until the consideration of the Official Plan Amendment. The purpose of this report is to review and summarize the application, determine if any additional information is necessary, and provide Planning Advisory Committee with a recommendation on how to proceed with the application. II DETAILS OF APPLICATION: t The subject property is a total of 50 ha (125 acres) of which approximately 8 ha (19.76 acres) is the subject of this application and currently contains the following buildings: 1. A single detached dwelling; 2. A barn; 3. A detached garage; 4. An implement shed; and 5. A pump house b~ -5-. A detailed plan has been submitted by the applicant that identifies the area of land subject to the application and also the location ot the existing structure identitied above. A copy of this plan is attached tor the Committee's reterence. . The remainder of the subject property is currently under license through the Ministry of Natural Resources by Hillway Equipment Ltd. The landS to the west and north-west are also under currently licensed tor extraction. The lands to the north and east are agricultural and the lands to the south are designated tor aggregate but are not currently under license with the Ministry. . A technical letter from Geological Investigations dated November 18, 2004 was prepared as the technical support tor the re-designation ot the property and is attached for the Commitllie'sreview. This has been torwarded to the Ministry ot Natural Resources as the technical authority on the re- designation tor their review and comment. II COMMENTS RECEIVED: I The application has been circulated for inter-departmental and agency comments. At the time of writing this report no comments had been received. A verbal update will be provided at the time of the meeting in this regard. ~ ANALYSIS: I The subject property is currently designated Mineral Aggregate Resources and Agricultural in the. Township's Olficial Plan and is subject to the policies contained in Section 05. The portion ot the property designated Agricultural would include the existing house but not the additional accessory building and is identitied in yellow on the attached plan. This area however through modification to OPA #16 was to be re-designated to Mineral Aggregate Resource _ potential given the other potential and licensed properties in this area. However, these policies are under appeal to the OMS and are therefore not in torce or eHect. The applicant is theretore looking at the current policies which indicate a portion ot Agricultural designation on the property that they are wishing to retain and also expand to include the 8 hectares identified in this application. Section 05 establishes the objectives of this designation as tollows: . To protect mineral aggregate operations, known mineral deposits and areas of high potential mineral aggregate resources for future resource use. To ensure that extractive activities are carried out with minimal environmental and social cost. . . To minimize contlicts among incompatible land uses. Permilled uses in this designation include: aggregate extraction activities, agriculture, passive recreation, torestry, and existing uses including residential. The development policies contained within these policies only provide tor the creation of new lots for utility purposes and do not provide for the creation ot new residential lots. - 2 - b~~6 . The policies also indicate that other land uses should be discouraged until either the resource is substantially depleted or it is shown to Council's satisfaction that the resource is not feasible to . extract. The policies indicate that in these circumstances, an amendment to the Plan that has the effect 01 re-designating the lands to the Agricultural or Rural designation is required. Based on the . location of the subject property and the surrounding land use designations, the appropriate designation lor this property, il the amendment is approved, would be the Agricultural designation. As indicated above, comments have been requested from the Ministry 01 Natural Resources in regards to the support material received as justification 01 the re.designation of these lands. This is required in order to conlirm that the request amendment would conlorm with lhe current policies established by the Official Plan. On the basis 01 the above, it is recommended that the application not proceed to apublic meeting until such time as lavorable comments have been received from the Ministry of Natural Resources that no additional information is required. II RECOMMENDATIONS: I It is recommended: 1. THAT Report PD 2005-015 (Anderson) be received and adopted; and 2. That the Planning Advisory Committee recommend to Council that 01ficial Plan Amendment Application 2005-0PA-01, Part 01 the East Hall 01 Lot 9, Concession 14 (Oro), not proceed to a Public Meeting until such time as lavorable comments are received lrom the Ministry of Natural Resources that sulficient technical basis is available for the proposal. Respectlully Submitted, ---1~ -t:---I Andria Leigh, Md!P,-RPP Director 01 Planning -- C.A.O. Comments: Date: C.A.O. Dept. Head - 3 - OiD - 5-~LO I tlc,- 6'0. -7 Box #122, 38 Alpine Drive Moonstone, Ontario LOK 1NO Bus/Fax (705) 8~5-5636 E-mail: geologicalinvestigations@sympatico.ca 3EOLOGICAL INVESTIGATIONS Township of Oro-Medonte Box 100,Oro Ontario LOL 2X0 November 18, 2004 fRECBVED \ IiOV 19 100\ ORO-NlEDONTE TOWNSHIP Attn: Andria Leigh Planner Subject: Part E % Lot 9, Concession 14, Township of Oro-Medonte (Oro), County of Simcoe Dear Andria Mrs. Helen M. Anderson has applied to severe a portion of her property, approximately 8 hectares, consisting of a farm residence and several buildings including a barn. The remainder of the property is presently licensed under the Aggregate Resources Act to Hillway Equipment Limited. Mrs. Anderson has retained Geological Investigations to review and submit an opinion on the effect of her severance application on the potential aggregate in the area. On November 12, 2004 Geological Investigations met on site with Mr. Craig Laing of the Ontario Ministry of Natural Resources to discuss this application. The HilIway pit was inspected along with the subject property and the immediate surrounding area. Mr Laing felt that continued residential use of the farm house, if severed, would be fine, but higher density residential use would conflict with the Hillway Pit. Geological Investigations has also discussed this application with Andria Leigh, the Township Planner. . Geological Investigations has extensive experience with aggregate applications and the factors which must be taken into consideration when deciding to apply for approval to operate a pit. The extraction of aggregate from this property is not economical for the fOllowing reasons: . The site is small and does not contain a large amount of aggregate Required setbacks from the Trans Canada Pipeline and Oro-Medonte Concession Road 14 will further reduce the aggregate. available The site wouldreqllire re-zoning An application under the Aggregate Resources Act would be required The close proximity of the Fergus Hill Estates mobile home community would require expensive mitigation The house, barn and accessory buildings on site would have to be removed at great expensive. The lands to the east of the subject site are designated aggregate potential in the Township Official Plan. The approval of this application will have no effect of the future extraction of aggregate since the farm residence already exists. The Fergus Hill Estates community will have a much more dynamic effect on any future aggregate use of these lands than the proposed severance The existing Hillway pit has operated for many years and the continued use of the farm residence will have no effect on its continued operation. We agree with MNR that if the land use were changed to higher density residential that the pit would be adversely affected. We suggest that if the severance is approved that only the existing land use be permitled. In conclusion the proposed severance will have no adverse effect on the existing or future aggregate resources in the area. The residential land use already exists and there is no proposal to change this land use. If you have any questions please give me a call at 705-835-5636. < yours.... ~~ ,. 4"'"-;,~ ./ ~7. r-~ ~~:.;4r i'C--, ~~-r...., " ,;/ William D. Fi7sc., P: eo. b~-8 ~ Ministry of Natural Resources Ministere des Richesses naturelles (; a -<1 ~-L. Ontario 2284 Nursery Road Midhurst, Ontario LOL 1XO RECEn/EO 705-725-7532 JUN 1 3 2005 ORO-MEOONTE TOWNSHIP Township of Oro-Medonte P.O. Box 100, Oro, Ontario LOL 2XO Attention: Ms. Andria Leigh, Director of Planning Dear Ms. Leigh: Subject: PI. E1/2 Lot 9, Concession 14 Township of Oro-Medonte (Oro part) County of Simcoe I am writing with regard to the above noted property which in close proximity to the Stewart Pit No.5. I have reviewed the site plans for the licence and have met on site with Mr. Bill Fitzgerald. The owner of the property has applied for a severance. Given the existing conditions in the general area, the recommendations of Mr. Fitzgerald are reasonable. The constraints as noted in his letter would make the licensing of this resource very difficult. It is important to note that any proposed increase in housing density would have an adverse impact on the current operation of this licence. We would be opposed to any additional severances in this location. Should you have any questions, or if I can be of further assistance, please give me a call. 2""I';L' Cr~ing (/ Aggregate Resources Officer Midhurst District G t?-I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Planning Advisory Prepared By: PD 2005-051 Committee Nick McDonald RPP Subject: Application for Department: Rezoning - Horseshoe Planning Resort Corporation Council 2005-ZBA-15 2005-ZBA-16 C.ofW. Date: September 14, 2005 Motion # R.M. File #: 22847 Date: Roll #: 010 00203502 INTRODUCTION The intent of this report is to provide Planning Advisory Committee with a recommendation regarding two applications for rezoning submitted by the Horseshoe Resort Corporation. A Public Meeting on the applications was held on July 18, 2005. No members of the public attended the Public Meeting nor were any written submissions from members of the public received. DESCRIPTION Or APPLICATION Kris Menzies of MHBC Planning Limited submitted two applications for rezoning to the Township of Oro-Medonte on June 6, 2005. The intent of the rezoning requests is to extend the R2-158 Zone to the Heights of Horseshoe Townhouse projects Phases 2 and 3. It is proposed to develop 13 townhouse condominium units on Phase 2 and 15 units on Phase 3. Phase 1 of the project comprising 24 units is already constructed and is proceeding to registration of the Plan of Condominium. All three phases contemplate a total 52 townhouse units. (; b-J,. The subject lands are located on the north side of Horseshoe Valley Road on High Vista Drive, which is a private road. Phase 2 of the project will be located to the east of Phase 1 and Phase 3 of the project will be located to the west of Phase 1. Mapping showing the configuration of the proposed townhouses is enclosed as Attachments #1-3. The condominium buildings will be comprised of two-storey townhouses located in buildings housing between four to five units per building. The townhouse units will be serviced by the Zone 1 water system. However, at some point in the future, the lands will be serviced by the Zone 2 water system. The townhouses will also be serviced by existing sequential batch reactor (SBR) and it has been confirmed by American Water Services Canada Corp. that there is capacity to service the additional townhouses. American Water also notes that the additional development beyond the proposed townhouses will require further assessment. The current R2-158 Zone contains provisions that only permit the 24 townhouses in Phase 1. The exception also permits buildings to be located within 1.5 metres of lot lines and decks to be within 1.2 metres of lot lines. No changes to these standards are proposed in Phases 2 and 3. ANALYSIS The subject lands are included within the Horseshoe Valley Village designation. Permitted uses in this designation include medium density residential housing such as townhouses. The policies of the Official Plan require the preparation of a Comprehensive Development Plan (COP) as well as detailed traffic analysis. Such a comprehensive development plan was prepared in 2003 and approved by Council at that time. The COP identified the locations for all proposed uses in the Horseshoe Valley Village designation. The COP did identify the subject lands as being the site of townhouse development. As a result, the proposal conforms with the COP. It should be noted that both an application for site plan approval and condominium approval will be required to be submitted and will be further assessed by the Township at that time. In terms of the proposed Zoning By-law Amendment (Attachment #4), no changes to the R2-158 Zone standards are required, except that the number of units permitted on the lands subject to this exception Zone will be 52, instead of 24. All other By-law requirements will be met on the property, which include the provision of a holding symbol, removal of which shall only be considered after a site plan agreement has been approved by the Township. In terms of supporting materials, a Planning Analysis prepared by MHBC Planning Limited, a Functional Servicing Report prepared by URS Canada Inc, a Geotechnical Report prepared by Terraprobe Limited has been submitted. These reports have been circulated to agencies and various departments and no concerns have been expressed as a result of the circulation of these reports. The Simcoe Muskoka Catholic District School Board did indicate that they had some concerns about whether children would be attracted to the proposed townhouse units. 2 to t:, -3 However, given the nature of the ownership (condominium), house form (townhouse), access (private road), setting (ski hill and golf course) and the role and function of the Horseshoe Resort community, it is staff's understanding that the units will be primarily used as recreational units. A letter will be prepared to the Board responding to their concerns. RECOMMENDATION On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report No. PD 2005-051 be received and adopted: and, 2. THAT the application for rezoning submitted by Horseshoe Resort Corporation, files 2005-ZBA-15 and 2005-ZBA-16, to rezone lands described as Parts 1, 17 and 41, RP 51 R-32830, be supported; and, 3. THAT the Clerk bring forward the appropriate by-law for Council's consideration. Respectfully submitted, k~P U Township Planning Consultant C.A.O. Comments: Date: C.A.O. Dept. Head 3 PLAN 51R-22624 A'If~f1t, ' PMT 4lI CONCESSION ------ 2 ------------ ------------------ EAST 8-\A<;E ~ PART 1 fMA SE /J. ~ <'~~. " .._, di:M \ ! rlf/lr .. OW' ""","" ~--= ~ PART " ~ f'1<RCE\. ,If/lr . 51R-2751S _, ....'_....,SECllON S1-lr.lW-3 I ! \..,.,....---...."' ~ $'" 1&""') I I I I I I '-------------"" GEOGRAPHIC TO WNSHIP OF IICDONTC PLAN 51R-32830 ~" ~ -- - DINO ASTRI suRVEYING LTD. NOT TO SCALE 1.f1ll1 ~ Ro-d, e..m... 0.-10. L4N 081 ~1ll6-nr;l~1O Fu:1l)6.M...1l;o1 _.~.CDftI THIS IS TO CONFIRM THAT THIS IS A TRUE COpy OF A PORTION OF PLAN 51R-32830. 0C)(lD IN:. tRSA """'''' .. lro122..flHU3'SKE'TQO 01,,-5- ,~ \ , ", , ._.':::::'"':_~;:::':'::~~~7--:"- oq;.Y",,";;.'~ ~~~;f~<<~rmr~~;! .. '-~ f:~:'~'T: 'j ~ [P:\ ! i _.~..iJl, : ;'~L';' 'i' ~.ti~i~'1~'\.J~~'Wii~' ,..~"""";".,,.. ',~""'!~ . ",:,:--.L.J!Jt .7}4 \. i:~~f~ '" "~"i / ",~~;;.: _" r '~i' I-~ f;~, H~( ~" . ,~~"\~., ! I ;:~;;r)f '" I k ,~ I ...~f3,~e,:('/ til """'" N4n5'~5'W ~9,12 A<<S1.JA Fh.50.06 I *=:-=.=-- ---- ,i~=;':'':=- ~,--- ----- - ::.::::=----- ."."""...."".., on"~ """""'" ",... '5,.~ . " ~~ r._ ~ " .." .". "'" - ;;. J!!- @f. I!;, "'" "'" ~,- ;;. ", .",1 -....'t> y;'.-. , .' :: -. ""\ 0- .'~ ".......- ..~ .,..... 0,_ REZON1NG APPLICATION '0' HEIGHTS Df I-\QRSESHot: TOWNHOUSES LOT 1 CONCESSION ;3 iQWtilSHIP or o;lO-MEDONT[ COUNTY or SIMCOE """'3G'Jo"'" CONCEPT PLAN PHASE TWO (1~"00s(S.1 SCALE: \:2.50 ED l>l>'O.-"^......,, ".....AIl"'..............""""" ..,,"'.....""'..., .....""""".~t>.E""lJ.CI't>'1:VUf].....,.,,- ".''''~~''''.'': """'~...,""""""lIl.."" ."..~..CtJU"O""~A,.,""lTtl ....~"""'''''...Olm= "..- 1:1' ~ \ V) AT,..~Gt\Ne~T · 2... , ! ! ~ C ., '" j Ii t ~ i 1:11: I'll Ill,l :1: p :1:):1 ~ i: : i :n :! "'" ,II i III:: I': :' :1 ~ :! 'il' , , . t ~ ~ l!l:n ~ ~ ~ V;,. ~ f.:". ii;. " .' - - - ~~ G I I /1 "HPl.'~ 1_~ -~~==- J:::=::=.. ,,-- ,,'--- I..;b;~,;~~~...l "" ~- r._~ ~ ~t:;~"'"I"'-"'.~~~''!\'' L Jll'fr~j r' !f:~l,. ,.-t~fif :Cl, l\.;"j", 'I' !.i'1)f"""'-.n!.__- :!; h__'h ':1' '! 1 : ~ ,i:-;- .kJ I J. - . ,\,; "'''''I':!"L '''~~~1~~~;;i'~ .. '~"o...1~-:::"EI " , ~'J. ' ,J'!,;", jk .-'Ii -,"-~:;;> REZONING APPLICATION n,. HEIGHTS of tlORSESHQ( lOWNHQUSCS LOT 1 CONCESSION 3 TOWNSHIP OF ORO-I.IEDONTE COUNTY OF SlIACOE CONCEPT PLAN PHASE THREE I~S) SCALE: 1:250 1>fI'(>"~",,,",' """~.'" ...."".o.vnoo. """""""""""";1.1"""" P<A_.~p*"""",(f_""'"LOI''''''' u,,"""""""""'- """.n._""""lll........ """....""......,.<DL'...,.".,.,""."" [: ~...~<;l..,..."...., . ~-~ , ~\ C AT1'PatMEtJT ~.3 ft,6-7 THE CORPORATION OF THE MUNICIPALlTy1JJ~f" ... 'f BY-LAW NO. 2005- Being a By-law to amend the zoning on certain lands located within Part of Lot 1, Concession 3 in the former geographic Township of Medonte, now in the Township of Oro-Medonte. WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13; AND WHEREAS the Committee of Adjustment granted Provisional Consent to create a lot for the construction of 13 town homes as per application 2004-B-31 on August 12, 2004 and to create a lot for the construction of 15 town homes as per application 2004- B-55 on December 14, 2004; AND WHEREAS the Decisions of the Committee of Adjustment were not appealed; AND WHEREAS the construction of the town homes would conform to the Official Plan and would conform with the Horseshoe Valley Comprehensive Development Plan that was adopted by resolution of Council on August 21, 2003; AND WHEREAS Council deems that adequate public notice of the public meeting was provided and adequate information regarding this Amendment was presented at the public meeting, and that a further public meeting is not considered necessary in order to proceed with this Amendment; AND WHEREAS it is deemed appropriate to re-zone the lands to permit the development of residential uses, in accordance with Section E2 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule "A 15" to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part Lot 1, Concession 3 in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from the Future Development Exception Sixty Seven (FD*67) and Private Recreational (PR) Zones to the Residential Two Exception One Hundred Fifty-Eight with Holding provision (R2*158(H)) Zone as shown on Schedule "A-1" attached hereto and forming part of this By-law. 2. Section 7.0 to Zoning By-law 97-95, as amended, is hereby further amended by deleting the first sentence in its entirety and replacing it with the following: b b-~ "7.158 *158 - Concession 3, Part Lot 1 (Medonte) Notwithstanding the Residential Two (R2) provisions in this By-law, no more than 52 townhouse dwelling units may be constructed on lands denoted by the Symbol *158 on Schedule A 15 to this By-law." 3. The Holding Provision shall not be removed until a Site Plan Agreement that is satisfactory to Council has been entered into. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. READ A FIRST AND SECOND TIME on the day of September, 2005. day of September, 2005. READ A THIRD TIME and finally passed this Mayor - J. Neil Craig Clerk - Marilyn Pennycook CONCESSION HALF LOT LOTS ANO - 2 R T EAST - 51R-27515 Lands to be Rezoned from the Future Development Exception Sixty Seven (FD~67) and Private Recreational (PR) to the Residential Two Exception One Hundred Fifty-Eight with Holding Provision (R2'158(H)) Zone MEOONTE '"' GEOGRAPHIC ?P KEY PLAN: NTS SCAUI;3llOO , o 50 PRe;PAAEl>SEPT<'-'ll"~12.""" owG NO. YW\A\2000"E"'f,,",,,,P-SC~EOl.II.SA.1lONJ><GaH^W_SE"n2.OWG 100 200m Nm~ 1. AU DIMENSIONS ARt 1N METRES UNLl'.<;~ OTHERWISE NOTID. 2. BASE INfORMATION PROVIDED BY DINO A$TRJ SUflVEYlNGLTD. TOWNSHIP OF ORO-MEDONTE ZONING BY-LAW SCHEDULE A-I 25 CONCESSION ~ ~ " ~ ~ 10 -1 l!J " " ,. 10 " ~ 1:1 UWIT BE1VItEH LOTI -- i WEST HALF LOT ~ ~ OJ ~ .. " ~ .., PARl7. Pl..AH 51R-2S730 ~ ~ '- CONC.'" ........ ""'-.:Ira ~" - 0G -I ~~""'~ ,,'t ~_{ o~~=~~.. 1'"".,~/ ~. ~~~"i\. ~i',~, ~,;;;~ ,"t.'.. "'! ~'''''''''. , "". '"".--.....----", , '-''''."'''~'''.''''''.;..-' ~7'"-. . ~",:::;;>>" TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Planning Advisory Prepared By: PD2005-052 Committee Nick McDonald, RPP Subject: Application for Department: Rezoning P-134/02 Planning Markus and Sonja Schneider East Part of Lot 1, Concession 7 (Oro) 3224 Line 7 North Council File No: 2951 C. of Date: September 15, W. 2005 Motion R.M. File #: # Date: RolI#: 010-003-27900 BACKGROUND The above noted application was submitted to the Township on August 23,2002. The application is for an amendment to the Comprehensive Zoning By-law to rezone the lands from the "A1RU" and "EP" zone to an "A/RU" exception zone to permit a site-specific use. The uses proposed as part of the application are the storage, restoration and sale of used military equipment (Jeeps) and related parts. The application was considered by the Planning Department as an application to establish a new industrial use in the Rural designation, in accordance with Section D3.3.2 of the Official Plan. The policies of this section require that Council be satisfied that the proposed use: . Is compatible with the rural character of the area; . Can be designed and sited to blend in with the rural surroundings; . Is located where it would have little or no impact on agricultural operations: 6c-.;z . Can be serviced with an appropriate water supply and means of sewage disposal; . Is to be accessed by municipal roads that can accommodate the increased traffic generated by the proposed use; . Will not cause a traffic hazard as a result of its location on a curve or a hill; and, . Can be appropriately buffered from adjacent residential uses. In a planning report dated September 17, 2002, it was determined that the proposed use would meet most of these requirements. However, further information was required, particularly with respect to the location of outdoor storage, and at its September 2002 meeting the PAC deemed the application to be incomplete and requested a complete site plan for its consideration. Planning Report PO 2004-59 (dated November 3, 2004) recommended to PAC that the application for the rezoning proceed to a Public Meetin9 in accordance with the requirements of the Planning Act. However, PAC did not support this recommendation and instead recommended that further information be submitted. By letter dated February 24, 2005, appended to this report as Attachment #1, the applicant was advised that PAC required further information, by way of written response, to the following matters identified by Committee: . Does any painting occur on the property? . What signage is proposed and if any, what is its size and dimensions? . Is the business exclusively related to military jeeps or also other types of vehicles? . What is the specific location and dimensions of the outdoor storage area and what type of fencing/buffering is proposed? . Are any sanitary facilities proposed within the new building? . What is the total number of employees, including family members? . Are any hazardous materials to be stored on the property or with the buildings? The letter concludes by advising that once this information is provided in writing, the application will be scheduled before the PAC at which the applicant will have the opportunity to present the proposed rezoning and answer any further questions from the PAC. By letter dated May 27, 2005 Mr. Marcus Schneider responded in writing to the Township's request for additional information, a copy of which is appended as Attachment #2. It is our understanding that the lands are currently being used for the proposed uses. The proposed uses do not comply with the current zoning of the property contained in Zoning By-law No. 97-95. ANALYSIS As noted above, the application was being considered by the Township in accordance with Section 03.3.2 of the Official Plan. However, a review of the County of Simcoe Official Plan indicates that consideration of single industrial uses on a property would require an Official Plan Amendment. As a result, if the proposed use continues to be considered as a single industrial use, an Official Plan Amendment application will need to be submitted. However, on the basis of the proposed nature of the use and the fact that the owner resides on the property, it is staff's position that it would be more appropriate to characterize the existing use 2 0c.-3 as a home industry in accordance with By-law 97-95. Home industries are permitted on lands within the Rural designation in the Oro-Medonte Official Plan and are also permitted by the County of Simcoe Official Plan without the necessity to apply for and receive an Amendment to the Township Official Plan. By-law 97-95 defines home industry as a "small scale industrial use, such as a carpentry shop, metal working shop a welding shop or an electrical shop that provides services or wares to the rural community and which is an accessory use to an agricultural use or a single detached dwelling". The definition goes on to state that "for the purpose of this By-law, the repairing of motor vehicles, mobile homes and trailers is not a home industry. " Home Industries are a permitted use in the Agricultural/Rural zone. However, the repairing of motor vehicles is not permitted in conjunction with a home industry. As a result, an amendment to the Zoning By-law would be required to allow for the existing use to be legalized on the property. The minimum lot size for a home industry is 4 hectares (9.8 acres). As the property has an area of 4.6 hectares (11.5 acres) the property meets the minimum lot size requirement set out in By-law 97-95. Moreover, consideration of the use as a home industry as opposed to a single industrial user is recommended by staff, as an industrial zone could potentially be expanded to other conflicting use in the future which may not be appropriate for the area. The applicant has provided responses to the information requested by PAC in the letter dated May 7, 2005. The owner indicates that the use is exclusively related to the storage, restoration and sale of used military Jeeps and related parts and equipment. Additional details respecting the use are contained in the applicant's attached letter. The owner has also submitted a survey sketch, appended to this report as Attachment #3, showing the existing buildings and facilities and has sketched the location of the proposed outdoor storage area (206.25 feet width by 318.75 depth and approximately 65,742.18 square feet in area). A new building is shown on the sketch, having dimensions of 40 feet by 100 feet and a gross floor area of 4000 square feet. This is a new building not previously shown on earlier sketches. It may be prudent to review the total area of buildings existing/proposed and, if approved by Council, consideration of a limit on the total area of the proposed buildings be discussed to ensure that the built form is not over-intensive for this site. The area of buildings can then be assessed in comparison to a corresponding reduction in outside storage. CONCLUSIONS As requested by PAC, the owner has provided additional details with respect to the proposed use and the requested rezoning. The nature of the use has now been further defined and refined as requested by PAC. The submitted sketch has not been prepared by a qualified professional and does not detail the full requirements for a complete site plan as requested by the Township in March of 2004. A detailed site plan would be required, if the application is approved, and it must show all the required information as set out in Section 41 of the Planning Act as follows: . Road widening (if required) . Access ramps, curbing, and traffic direction signs . Off street loading and parking facilities, access driveways including driveways for emergency vehicles and the surfacing of the areas 3 0c-Lf . Walkways and ramps for pedestrian access including the surfacing thereof . Lighting and floodlighting of any buildings and structures . Landscaping features including walls, fences, trees, shrubs or other groundcover or facilities . Facilities for the storage of garbage and other waste material including vaults, central storage and collection areas. The current application has been "in-process" since August 2002. The owner has provided the additional information with respect to the details of the proposed development and the nature of the requested zoning. It is therefore recommended that the application be scheduled for a Public Meeting so that public comment can be obtained prior to any decision by Council regarding the application. RECOMMENDATION On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report No. PD 2005-052 be received and adopted; and, 2. THAT Rezoning Application No. P-134/02 (M. & S. Schneider) proceed to a Public Meeting pursuant to Section 34 of the Planning Act. Respectfully submitted, ~~~ k--NiCk McDonald, MCIP, RPP U Township Planning Consultant C.A.O. Comments: Date: C.A.O. Dept. Head 4 fo G-t;; THE CORPORATION OF THE Mr. Markus Schneider 3224 Line 7 North R. R. #2 Oro Station ON LOL 2EO 148 Line 7 5.. Box 100 . Oro. Ontario lOl ZXO TOW N 6 Ii I D Phone (705) 487-2171 Fax (705) 487-0133 7fj}P/I?F-//~ - -~ -- /- -01-"- (//U- JP'(;)eao/a8 www.or:m~:.ca lL e.d Y-CL(J ~ ~. February 24, 2005 4t A T1kt\tEtJt I Dear Mr. Schneider. Re: Proposed Rezoning for Outdoor Storage, Repairs, & Sale of Military Jeeps and Equipment, Concession 7, Part of Lot 1 (Oro) Application P-134/02; Township of Oro-Medonte Further to my letter of March 23, 2004 and receipt of a. concept plan the Committee requires additional details of your proposal prior to a deputation being scheduled for consideration of your application. Specifically the Committee requires you to provide a written response to the following matters: 1. Does any painting of the vehicles occur on the property; 2. Is there any signage proposed for the business and what would be the location and dimensions of any signage; 3. Is the business specifically related to military jeeps or other types of vehicles; 4. What is the specific location and dimensions of the outdoor storage area and what type of fencinglbuffering is proposed; 5. Will there be sanitary facilities provided in the proposed new building; 6. What is the total number of employees, including family members; 7. Are there any hazardous materials, gasoline, oil, etc. stored on the property or within the buildings; . Once this information is provided in writing to the Planning Department you appiication will be soheduled before the Planning Advisory Committee; at which time you will have the opportunity to present your proposed rezoning to the Committee members and answer any further questions they might have about the proposal. Should you require any further information please do not hesitate to contact me directly. Yours truly, -~~~ Andria Leigh, MCIP, RPP Director of Planning File: Property File 010-003-27900 , /. WlUYS AUlES ~ 0c-G R. R # 2, 3224 Line 7 North Ora Station. Ontario LOL 2EO Canada Tel. & Fax: (705) 835-5739 Email: willysaCfes@look.ca Web-site: www.willysacres.com May 27, 2005 AfT~HeMt ~2- Township of Oro-Medonte 148 Line S., Box 100 Oro, ON LOL 2X0 Attn.: Andria Leigh, MCIP, RPP Director of Planning Dear Ms. Leigh: HE: Proposed Rezoning for Outdoor Storage, Repairs & Sale of Military .Jeeps and Equipment, Concession 7, Part of Lot 1 (Oro Application P-134102, Township of Oro-MecIonte To answer your questions from your letter of February 24, 2005 please see the responses below: 1. For vehicle painting we utilize an auto body shop in Barrie. 2. We have one (1) vinyl sign (not electrically enhanced) above the entrance door in the front of the shop and the dimensions are 34"H x 72'W. 3. The business is specifically related to Military Jeeps and equipment 4. For the specific location and dimensions of the outdoor storage area as well the fencinglbuffering please see the attached site plan. The fencinglbuffering is a solid wooden fence 72"H. 5. There will be no sanitary facilities provided in the proposed new building. 6. The total number of employees, including family member is two (2). 7. We store minimum quantities only of gasoline and oil in approved containers for own use on our own farm equipment such as lawn tractors and generators. As part of our services we do not offer oil services or maintenance work on our customers' military vehicles. If you have any additional questions or require further information please contact us at (705) 835-5739. sincerely,.--.~ ._....---. ~ /...- .... -'~- -4:~;""::'- ......./ L-_e(_./ ~e_~ Markus Schneider Willys Acres Inc. ~. " ::) Ul \5 z ~ J \ \> ~ o CD L() ^~"&lT' . . Z - I- 0- (n V' , / z ~.~ / / # ;1 /Z ( Ht.W BOARD ,/ ~ / //~ I~I / / / 7+40.8 FENCE .3' I 1+.40..2 1+40.B 94.9" // / / Z oh /~; z~ r"-~.... . "r)', ,~, JO. "y'{'\3~Si7;)'7'%7))'7> OY3' ./':~".:...}(,L_",,::t~2/x...~~~"". lj e 1-1/2 STOREY LOG DWELLING MUN No. 3224 I 131.2" crt 130.3' 189.8" STEEL lie FRAME STORAGE SHED 19.31 ~OG i MAG " I ".0' " I 1 ow~ I ~~I " -2.8" w ~ 9+87-2 9+21.1 2.9' If+01.7 ~ z FRAME DRIVE SHED co CO