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10 24 2005 PAC Agenda TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MEETING AGENDA Robinson Room Date: Monday, October 24,2005 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 - September 19, 2005 5. Correspondence and Communication None 6. Planning Applications (a) 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 (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: William Peacock - Lot 20 and West Part of Lot 21, Plan 798 (Ora), Township of Oro-Medonte, 37 O'Connell Lane, Application 2005-ZBA.20 (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: Viola Tuck - Concession 1, South Part of Lot 16 (Oro), Township of Oro-Medonte, 861 Penetanguishene Road, Application 2005-ZBA- 24 and 2005-ZBA-25 (Applicant to be afforded an opportunity to speak to the application subsequent to the review of the report) (d) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Jeffrey Gooch - Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte, 595 Mount St. Louis Road, Application 2005-ZBA-23 (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, November 21,2005 01. "- '1'l"\\ l;,l"\..-.l\\Y'\ ,,,,-. \\ t Adjournment 1 \ \ ,~{ \ 8. TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES 2003-2006 TERM J1-f September 19, 2005 @ 7:44 p.m. Robinson Room I Council Chambers Present: Council Representatives Mayor J. Neil Craig Deputy Mayor Harry Hughes Councillor Dan Buttineau Councillor Ralph Hough Councillor Paul Marshall Councillor John Crawford Councillor Ruth Fountain Public Representatives Terry Allison Robert Barlow Mel Coutanche Craig Drury John Miller Staff Present: Bruce Hoppe, Director of Planning; Janette Teeter, Clerk's Assistant Also Present: Markus Schneider, George Anderson, Kris Menzies 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 John Miller, Seconded by Mel Coutanche It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, September 1 g, 2005 be received and adopted. Carried. 3. Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. None declared. tf-(;( 4. Minutes of Previous Meetings - July 18,2005. Motion No. PAC-2 Moved by Mel Coutanche, Seconded by John Miller It is recommended that the minutes of the Planning Advisory Committee Meeting held on July 18, 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: Helen Anderson, Part of Lot 9, Concession 14 (Oro), Township of Oro-Medonte, Application 200S-0PA-Ol Motion No. PAC-3 Moved by John Miller, Seconded by Mel Coutanche It is recommended that 1. Report No. PD 2005-050, Nick McDonald, Planning Consultant, re: Helen Anderson - Application 2005-0PA-01, Concession 14, Part of East Half of Lot 9 (Ora), Township of Oro-Medonte be received and adopted. 2. And Further That it is recommended to Council that the application for Official Plan Amendment submitted by Helen Anderson respecting Application 2005-0PA-01, Concession 14, Part of East Half of Lot 9 (Ora), Township of Oro-Medonte be scheduled for a Public Meeting pursuant to Section 17 of the Planning Act. Carried. Planning Advisory Committee Meeting September 19, 2005, Page 2 l.f-3 b) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Horseshoe Resort Corporation - Parts 1, 17 and 41, Plan 51 R-32830 (Medonte), Township of Oro-Medonte, Applications 2005-ZBA-15 and 2005-ZBA-16. Motion No. PAC-4 Moved by Craig Drury, Seconded by Robert Barlow It is recommended that 1. Report No. PD 2005-051 Nick McDonald, Planning Consultant, re: Application for Rezoning - Horseshoe Resort Corporation, 2005-ZBA-15 and 2005-ZBA-16 be received and adopted. 2. That it is recommended to Council 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. 3. And Further That the Clerk bring forward the appropriate by-law for Council's conside ration. Carried. c) Planning Report presented by Bruce Hoppe, Director of Planning, re: Markus and Sonja Schneider. East Part of Lot 1, Concession 7 (Ora), Township of Oro-Medonte, 3224 Line 7 North, Application P-134/02. Motion No. PAC-5 Moved by Terry Allison, Seconded by Robert Barlow It is recommended that 1. Report No. PD 2005-052, Nick McDonald, Planning Consultant, re: Application for Rezoning P-134/02 Markus and Sonja Schneider East Part of Lot 1, Concession 7 (Oro) 3224 Line 7 North be received and adopted. 2. And Further That it is recommended to Council that Rezoning Application No. P- 134/02 (M. & S. Schneider) proceed to a Public Meeting pursuant to Section 34 of the Planning Act. Carried. 7. Other Business. a) Next Public/PAC Meetings - Monday October 24,2005 b) With the consent of all of the members, the Committee agreed that in the interest of time the report re: Application 2005-ZBA-21, Part of Lot 26, Concession 2, (Ora), Township of Oro-Medonte, (AI and Janet Panting) would proceed directly to a Committee of the Whole meeting. Planning AdvisOry Committee Meeling September 19, 2005. Page 3 If-q 8. Adjournment. Motion No. P AC-G Moved by Terry Allison, Seconded by Craig Drury It is recommended that we do now adjourn at 8:16 p.m. Carried. Chair, Mayor J. Neil Craig Director of Planning, Bruce Hoppe Planning Advisory Committee Meeting September 19. 2005, Page 4 6tt-\ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2005-056 Planning Advisory Committee Nick McDonald, MCIP, RPP Subject: Department: Council Application for Rezoning - Planning John Evans C.ofW. Part of Lot 10, Concession 5 Date: (Medonte), 611 Mount St. October 14, 2005 Motion # Louis Road R.M. File #: 22853 Application # 2005-ZBA-17 Date: Roll #: 020-002-08600 II BACKGROUND: II On June 16, 2005, Mr. John Evans submitted an application for rezoning to the Township of Oro-Medonte. The intent of the application was to rezone the subject lands within Part of Lot 10, Concession 5 from the Agricultural Rural Exception 96 Zone to the Agricultural/Rural zone to permit the development of a single detached dwelling. At the present time, exception 96 does not permit the development of a home on the property. The subject property has a frontage of 30 metres and an area of 2,400 square metres and is currently vacant. The property is located on the south side of Mount St. Louis Road and is currently treed. A statutory Public Meeting pursuant to Section 34 of the Planning Act, R.S.O. 1990 on the application was held on September 19, 2005. There were no members of the public who commented at the public meeting. II OFFICIAL PLAN ~ The subject lands are located approximately 120 metres to the west of the former waste disposal site for the Township of Medonte. As a result, the lands under application are subject to Section H8 (Waste Disposal Sites) of the in effect and approved Official Plan for the Township of Oro-Medonte. Section H8 indicates that an assessment is required to support development on lands within 500 metres of the fill area of a closed site. The assessment is intended to review the: a) impact of any methane gas migration within 150 metres of the property boundary of the waste disposal site; b) 6a-~ whether the proposed use will be adversely effected by noise, odour, dust or other nuisance factors from the waste disposal site; potential traffic impacts; whether the proposed use will be adversely effected by ground and surface water contamination by leachate migrating from the waste disposal site; and the impact of the proposed use on leachate migration from the landfill site. c) d) e) Any assessment is required to be carried out in accordance with the Province's Guideline D-4, dated April 1994. The intent of the above policy is to ensure that the any development within a certain distance of a closed waste disposal site will not be impacted by the closed waste disposal site in any way. It is for this reason that the comprehensive Zoning By-law prohibits the development of single detached dwellings on existing vacant lots within the assessment area. II ANALYSIS II Rubicon Environmental Inc. prepared a report on June 7, 2005 to address the policies of the Official Plan. In a letter dated June 15, 2005 from Jagger Hims Limited to the County of Simcoe, it is indicated that "it is our opinion that the revised report prepared by Rubicon Environmentallnc complies with Ministry Guideline 0-4. Based on the report and our knowledge of the closed landfill site, there are no technical environmental constraints related to the landfill sites for which the County should withhold approval for the proposed development of the subject property. " On June 28, 2005, Ms. Kimberley Pickett of the County of Simcoe indicated in a letter to Nathan Westendorp at the County of Simcoe that the comments of Jagger Hims are supported. In addition, the County indicates that the following conditions will be required to be completed to the satisfaction of the County. 1. The property title for the subject property notes proximity to the landfill and that there is a potential for nuisance effects from this proximity. 2. There is a process by which any recommendations made in the report by Rubicon Environmental and further By Jagger Hims Limited are implemented. 3. That it be noted on title that subsequent development of the property will require a separate D4 Study. Given that the subject lot is an existing lot of record, no planning approvals pursuant to Section 50.1 (Subdivisions) or 50.3 (Consents) of the Planning Act are required. In addition the lands are not subject to site plan control pursuant to Section 41 of the Planning Act. It is typically under the authority of these sections of the Planning Act that agreements with the Municipality are registered on title. It has been staff's experience that the registry office is not supportive of registering any information on title that is not prescribed by statute. As a result, the Township does not have the means to require that the title for the property note the proximity of the closed landfill site or that any subsequent development on the site be the subject of a separate D4 study. Discussions with the County in this respect revealed that typical title registrations involve larger plans of subdivisions which provide for the ability to articulate such warning clauses in subdivision agreements. In single lots of records such as the case with this application, the County has been satisfied with the use of a development agreement which will be registered on title and therefore carry with the land for the benefit of future owners. A sample development agreement is attached to this report, and it will be recommended that the implementing By-law not be passed until such agreement has been duly executed by the parties and registered on title. - 2 - 6a-3 With respect to the recommendations made by Rubicon Environmental it is noted that there are no such recommendations made in their report. The only recommendations made by Jagger Hims are those referenced in the County letter, which is discussed above. As a result, there are no other recommendations to consider. In addition to the written comments from the County, the only other written comment received respecting this application is a letter of no objection received from the Simcoe County District School Board dated June 16, 2005. .11 RECOMMENDATION(S): ~ On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council; 1. THAT Report No. PD 2005-056 be received and adopted; and, 2. THAT the application for rezoning submitted by John Evans, file 2005-ZBA-17, to rezone lands described as Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte, to a site-specific A/RU Zone permitting residential and accessory uses only, be supported; and, 3. THAT the Clerk bring forward the appropriate by-law for Council's consideration after such time as the development agreement has been duly executed by the applicant and the County and registered on title. i:: ';b;:: . riCk MCDona~~R;P C.A.O. Comments: Date: C.A.O. Dept. Head - 3- Evans 2005-ZBA-17 ba. -If Attachment 1 ,;:::==========- r~~ ~ /..,vV h-?V ...,;,vV Av'Y A?'V "r&'V ,y ,y 4' h' '" bV II II /1 /1 II II II II II Ii II II II Ii 1\ \1 II II " II " " ~ .~ <(..(> ov~ S'V 0"" ~o Former waste disposal site IJ II II II II II II 1/ 1/ 4' 1/ 4' 1/ 1/ h' 4' 4' ~ ~ '" ~ ~ ~ ~ ~ ,y-r. <'. '" << <'. <'. <'. ",,> ~~ ~<:::;-.::::.- "'- -..;~~".., -::::O::=::::,"",::::'"""=,,,::::::~====- \ 500m former waste disposal radius . Lands subject to rezoning fo((.-5 Schedule 1 to fax of Oct. 18,2005 Page 1 of 4 - 5AMPL-E DEVELOPMENT AGREEMENT BETWEEN: ("landowner") - and- THE CORPORATION OF THE COUNTY OF SIMCOE ("County") (Collectively referred to as "Parties") WHEREAS the landowner owns property legally described as thef I . .......~..... ............... i I I ("Property"); , AND WHEREAS the County owns a landfill site on property legally described as Part lot 48, Concession 12, Nottawasaga, as in R0296492, being all of PIN 58255-0008 (l T), Town of Collingwood, County of Simcoe, also referred to as County landfill Site No. 33; AND WHEREAS there are two private landfill sites within 500 metres of the Property; AND WHEREAS the landowner is proposing to develop her Property ("Development"). In order to obtain approval by the County for the Development, the landowner must comply with certain conditions which were recommended as part of a study done under the Ministry of the Environment D4 Guidelines; AND WHEREAS the County is prepared to give this Development permission. subject to the terms set out in this Agreement; NOW THEREFORE in consideration of two dollars ($2.00) and the mutual agreement and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows: I. Recitals hereto are true and form part of this Agreement. ba. - " Schedule 1 to fax of Oct. 18, 2005 Page 2 of 4 2 2. The Landowner consents to the registration of this Agreement on title to the Property by the County, at its sole discretion 3. The Landowner acknowledges that the Development will be located within 500 metres of County Landfill Site No. 33. 4. The Landowner acknowledges that the Development is likely subject to potential nuisance effects including. but not limited to. odour. noise and property contamination. 5. The Landowner agrees to indemnify and save harmless the County for any liability related to potential nuisance effects of the landfill and any other matter arising out of the situating of the Development within 500 metres of County Landfill Site No. 33. 6. The Landowner acknowledges that the Development shall be serviced only with municipal water and not by a private well. 7. The Landowner acknowledges that any further or subsequent development or re-development of the Property shall require an assessment of such development under the Ministry of the Environment D4 Guidelines and any requirements or recommendations arising out of such study shall be met and agrees to register the Restrictive Covenants attached hereto as Schedule "A" on title to the Property. 8. The Landowner acknowledges that prior to commencing the Oevelopment she must have a soil sampling conducted and the results of such soil sampling must confirm that there are no health concerns related to soil contamination on the Property. 9. The Landowner acknowledges that she must arrange for monthly gas monitoring to occur during the months from November 2005 to March 2006. 10. The Landowner covenants that prior to transferring the Property to any other person or entity she will ensure that actual notice is given to the transferee of the existence of this Agreement on title. II. Based on the above, the County agrees to approve the Development. ISchedule 1 to fax of Oct. 18,2005 ~Q-7 Page 3 of 4 I 3 12. This Agreement shall be binding upon and enure to the benefit of the Parties hereto and their respective heirs, executors, administrators~ successors and assigns. IN WITNESS WHEREOF the Parties have executed this Agreement. Date: Witness Date: THE CORPORATION OF THE COUNTY OF SIMCOE Warden Clerk We have authority to bind the Corporation ba-~ Schedule 1 to fax of Oct. 18,2005 Page 4 of 4 SCHEDULE "A" RESTRICTIVE COVENANTS To the intent that the burden of the following covenants, restrictions and provisions (hereinafter referred to asth.e':Restrictions")shall runinperpetuit)' with and bind the lands described as the I ... . and every part thereof, designated as tne '-Lands" and the benefit of Restrictions shall be annexed to and run in perpetuity with Part lot 48, Concession 12, Nottawasaga, as in R0296492, being all of PIN 58255-0008 (l T), Town of Collingwood, County of Simcoe, being the "landfill Site". Any purchaser or transferee of the lands or any part thereof, by registering a deed or transfer with respect to the said lands or any part thereof, covenants and agrees on behalf of himself, his heirs, estate trustees, successors and assigns, with the County of Simcoe, that the purchaser or transferee and the purchaser's or transferee's successors in title from time to time. will observe and comply with the Restrictions hereinafter set forth and that nothing will be erected or placed or done upon the lands or any part thereof, in breach of or in violation of the Restrictions, namely: I. Not to construct any building on the lands unless an Environmental 04 Guideline Assessment Study or other study approved by the County has been completed for the proposed building and its effects and the building complies with all recommendations contained within the 04 report and all amending letters. 2. Not to construct any wells on the lands without the prior approval of the County of Simcoe. 3. The invalidity in whole or in part of any of these restrictions shall not affect the validity of the other restrictions or remaining portion of the Restrictions herein contained. 4. The foregoing restrictions and covenants shall continue to be fully enforceable and in full force and effect against the transferee notwithstanding that the burden thereof may pass to any subsequent transferees of the lands from time to time. 5. Provided always, that notwithstanding anything herein contained, the County of Simcoe shall have the power by instrument or instruments in writing from time to time to waive, alter or modify any of the Restrictions in their application to the lands or any particular part of the lands being burdened by these Restrictions without notice or without the consent of the owners of any such lands, by registering any instrument on title to the lands so waiving, altering or modifying any of the Restrictions. No consent of the owners of the lands shall be required to allow the registration of any such instrument and the local land Registrar shall be authorized to amend the registered title to the lands in accordance with any such instrument so registered. &'1.:1 -, gg~~~ ......,.~...'.'.~.....~.......:...:..::.-..::: -~~."'..~f"....~.';.,... {ll!)~~ .. % '.. too " 4'" tt'.:.,.--" ' 1~_.: \".'...:"'7"!-.'" .' ,~. TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2005-058 Planning Advisory Committee Nick McDonald, MCIP, RPP Subject: Department: Council Application for Rezoning - Planning Peacock, 95 Lakeshore Road C.ofW. East (37 O'Connell Lane), Lot Date: 20, West Part of Lot 21, Plan October 14, 2005 Motion # 798 (Oro), Township of Oro- R.M. File #: 23579 Medonte Application # 2005-ZBA-20 Date: Roll #: 010-009-5100 II BACKGROUND ~ An application for rezoning was submitted to the Township of Oro-Medonte by Mr. William Peacock on July 5, 2005. The intent of the application is to rezone lands on the south side of O'Connell Lane from the Residential Limited Service (Hold) (RLS-H)) zone to the Shoreline Residential zone, to enable the construction of a new single detached dwelling. The subject lands are currently the site of an older cottage. Mr. Peacock bought Lots 20, 21 (West Part), 22 and 23 of Plan 798 on the assumption that the bisecting lands (O'Connell Lane - part of Block F of Plan 798) were part of the property. The septic system and the well are located to the north of O'Connell Lane to service an existing dwelling. On the basis of a title search, it was determined that the lane was in Township ownership and in February 2005, Council consented to the sale of the lane to Mr. Peacock. The lands are currently zoned RLS(H) because when the Comprehensive Zoning By-law was prepared in 1997 the lands only had frontage on O'Connell Lane which was a private road. With the sale of the lane, the two lots owned by Mr. Peacock to the north of the lane have now merged in title with the lands to the south of the former lane. Given that all the lands now front on Lakeshore Drive as one parcel, the lands now have frontage on a public road that is opened and maintained year round, meaning that there is no need for there to be any restrictions with respect to the use of the lands for residential purposes. A statutory Public Meeting pursuant to Section 34 of the Planning Act, R.S.O. 1990 on the application was held on September 19, 2005. No verbal comments from members of the public were made at the public meeting. ~b-~ II OFFICIAL PLAN II Section Hl.4 of the in effect and approved Official Plan states that the construction of a dwelling unit "on a lot that is accessed only by a private road or individual right-ot-way is not permitted until the road is brought up to municipal standards and assumed by the municipality and maintained on a year round basis". It is on this basis that the implementing Zoning By-law placed the subject lands south of O'Connell Lane within a zone that: "prohibits any enlargement, renovation or addition to a dwelling unit on the date this Plan was adopted by Council requiring a permit under the Building Code Act until the occupants satisty the requirements ot Section H1.4.3." The above policies are no longer applicable to the subject lands since the lands now have direct frontage and access to Lakeshore Road. Approval of the subject application would rightfully make the zoning on the whole of Mr. Peacock's holdings Shoreline Residential. There are no other policies in the Official Plan which have an impact on the consideration of the requested zoning change. Two written comments were received respecting this application. In a letter dated July 26, 2005, the Simcoe County Oistrict School Board indicated no objection to the application. A second written comment dated September 17, 2005 from a neighbouring property owner, Mr. George Monkman at 103 Lakeshore Road East indicated support for the proposed amendment. II RECOMMENDATION(S): II On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report No. PO 2005-058 be received and adopted; and, 2. THAT the application for rezoning submitted by William Peacock, file 2005-ZBA-20, to rezone lands described as West Part of Lot 21, Plan 798 (Oro), Township of Oro-Medonte, to Shoreline Residential be supported; and, 3. THAT the Clerk bring forward the appropriate by-law for Council's consideration. RtfUIIY sU..bmitted' N.rs I~' CNick Mcood};, RPP 5 - 2 - Peacock Application 2005-ZBA-20 "b-3 Attachment 1 Lake Simcoe Peacock property boundary ~ Lands subject to rezoning be -I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Planning Advisory Prepared By: PD2005-057 Committee Nick McDonald, RPP Subject: Department: Applications by Planning Viola Tuck - 861 Penetanguishene Road, Part of Lot 16 Council Concession 1 (Oro), Township of Oro- C. of Medonte Date: W. File #2005-ZBA-24 and October 19, 2005 2005-ZBA-25 Motion R.M. File #: # 23871 Date: RolI#: 010-001-02200 II BACKGROUND ~ Ms. Viola Tuck has submitted two applications for rezoning. Both applications have been submitted as conditions of Provisional Consent. On June 16, 2005, the Committee of Adjustment granted Provisional Consent (application 2004-B-19) to add approximately 194.8 square metres of land to an existing lot known municipally as 2610 Ski Trails Road. The lands to be added have a frontage of approximately 3.79 metres, and a lot depth of approximately 51.2 metres. The lands will be added to an existing property located at 2610 Ski Trails Road and the area of this existing property would be increased to 2,380 square metres. A map showing the extent of the lot addition is attached to this report. 1 Ioc.-;).. The Committee of Adjustment also granted Provisional Consent (application 2004-B-09) for the creation of a new lot to be located immediately to the east of the lands subject to the boundary adjustment application. A map showing the location of the new lot is also attached to this report. Given that the subject lands are designed Agricultural in the Official Plan, the new lot was created pursuant to the policies of the Official Plan which permit the consideration of new residential lots for retiring bona fide farmers. It was noted in the planning report prepared for the Committee of Adjustment that the applicant appeared to meet all of the conditions set out in the Official Plan for the creation of such lots. It is noted that the application to create the lot was submitted prior to March 1, 2005. Any applications submitted after that date cannot be considered favourably by the Committee of Adjustment since the new Provincial Policy Statement prohibits the creation of such lots in prime agricultural areas in the Province of Ontario. The intent of both zoning applications is to rezone the lands that are being added to an existing residential lot and the lands that will be the site of a new residential lot in a Residential zone to permit only residential uses. II ANALYSIS II Both zoning applications have been submitted to fulfil conditions of Provisional Consent. The lot subject to the boundary adjustment and the new lot to be created will comply with the minimum standards set out in the Zoning By-law for residential lots. As a result, the application involves only the rezoning of the lands and no exceptions are required. It is staff's position that adequate information is available to enable the public to generally understand the nature of the zoning applications at a Public Meeting. It is on this basis that it is recommended that a Public Meeting under Section 34 of the Planning Act, R.S.O. 1990 be held. II RECOMMENDATION II On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council; 1. THAT Report No. PD 2005-057 be received and adopted; and, 2. THAT applications 2005-ZBA-24 and 2005-ZBA-25 for rezoning submitted by Viola Tuck respecting Part of Lot 16, Concession 1 (Oro), Township of Oro- Medonte be scheduled for a Public Meeting pursuant to Section 34 of the Planning Act. Respectfully Submitted; ~aJJlv.= , -L2."" Nick MCDonal~f,~P D'"' Planning Consultant 2 ~ Tuck Rezoning Iii Ii Ii 1'1,1 Ii Iii ili II {'c-3 Attachment #1 II ill q .' ., Ii ill il Iii Ii I , iii II ,;! "I , II, :: 'I Ii, II !II II! Iii ii' , !' , , Subject lands to be rezoned from Agricultural Rural (A/RU) to Rural Residential Two (RUR2) New Property Boundary Tuck Rezoning be-Jf Attachment' 2- . Existing Tuck Residence 861 Penetanguishene Rd N A Proposed new lot II I , ,,,'<> -<,~~ 4' ~ ~ 4 'i> <;:, ~ <% \<' o 5 10 20 30 40 _ _ Meters ~ ubject lands to be rezoned from Agricultural Rural (NRU) to Rural Residential Two (RUR2) New Property Boundary G.~"fc>~.. p.....~'.,.--_....::.::::~""~ "'''~'.'' "." :Ii.. f:".~ ~---- ~.~ fO :i ~i \;, .' -Zjjr"'$1 ~=i~i;~l bJ - I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2005-055 Planning Advisory Committee Bruce Hoppe, MCIP, RPP Subject: Department: Council Application for Rezoning - Planning Jeffrey Gooch, Part of Lot 10, C.ofW. Concession 5 (Medonte), Date: Township of Oro-Medonte, July 15, 2005 Motion # 595 Mount St. Louis Road R.M. File #: 23784 Application # 2005-ZBA-23 Date: Roll #: 02000209400 II BACKGROUND: II An application for rezoning has been submitted to the Township of Oro.Medonte. The intent of the application is to rezone the subject lands within Part of Lot 10, Concession 5 from the Agricultural/Rural Exception 96 (A/RU*96) Zone to the Agricultural/Rural (A/RU) Zone to permit the development of a single detached dwelling. At the present time, exception 96 does not permit the development of a home on the property. The subject property has a frontage of 30 metres (98 feet) and an area of 2,400 square metres (0.59 acres) and is currently vacant. The property is located on the south side of Mount St. Louis Road and is currently treed (refer to Attachment #1 for general location plan). II OFFICIAL PLAN I The subject lands are located immediately east of the former waste disposal site for the Township of Medonte. As a result the lands under application are subject to Section H8 (Waste Disposal Sites) of the in effect and approved Official Plan for the Township of Oro-Medonte. Section H8 indicates that an assessment is required to support development on lands within 500 metres (1640 feet) of the fill area of a closed site. The assessment is intended to review the: a) Impact of any methane gas migration within 150 metres (492 feet) of the property boundary of the waste disposal site; 6d-3 II RECOMMENDATION(S): I On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council; 1. THAT Report No. PD 2005-055 be received and adopted; and, 2. THAT the application for rezoning submitted by Jeffrey Gooch respecting 595 Mount St. Louis Road be scheduled for a Public Meeting pursuant to Section 34 of the Planning Act, R.S.O. 1990. Respectfully Submitted; ~~,~ Director of Planning C.A.O. Comments: Date: C.A.O. Dept. Head Gooch 2005-ZBA-23 rod-1 Attachment 1 ., ., .. ." 500m former waste disposal radius . 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C0.\i\,",-VTh- PLANNING ADVISORY COMMITTEE - OCTOBER 24, 2005 WHO WE ARE . IN BUSINESS SINCE 1991 . WE ARE A FAMILY OWNED BUSINESS . JIM GRAHAM IS PRESIDENT OF OUR SOUTHERN ONTARIO OPERATIONS . STACEY GRAHAM, BILL GRAHAM AND JIM GRAHAM WILL OVERSEE THE MANAGEMENT OF OUR NEW FACILITY HOPEFULLY IN ORO-MEDONTE . TRY IS PROUD OF OUR SUCCESS AND OUR COMMITMENT TO THE ENVIRONMENT AND TO THE COMMUNITY, (COPIES OF LETTERS FROM CITY OF LONDON AND MINISTRY OF THE ENVIRONMENT ARE ENCLOSED) . IF OUR SITE IN ORO-MEDONTE IS APPROVED WE HOPE TO BECOME PART OF YOUR COMMUNITY WHAT WE DO? . SIMPLY PUT, WE RECYCLE CONSTRUCTION MATERIAL, DEMOLITION MATERIAL, LEAF AND YARD WASTE. . THESE ARE MATERIALS THAT MOST MUNICIPALITIES AND OTHER WASTE COMPANIES BURY IN LANDFILLS . TRY RECYCLES. REUSES. AND REDISTRIBUTES 96% OF THE MATERIALS WE RECEIVE . THE "CIRCLE CHART" EXPLAINS THE PRODUCTS WE RECEIVE AND THE PRODUCTS WE PRODUCE AS A BY-PRODUCT 'V)~ ') .2. ECONOMIC IMP ACT . INITIALLY 10 NEW JOBS . 30+ JOBS IN MATURE OPERATION . CAPITAL EXPENDITURES OF 1 MILLION $ OR MORE . SPIN OFF AND SUPPLY SERVICES IN EXCESS OF $800,000 PER YEAR . ADDITIONAL PROPERTY TAXES TO ORO-MEDONTE . RELATED NEW INDUSTRIES COULD FOLLOW HISTORY OF APPLICATION . ACQUIRED AN OPTION ON A 40 ACRE PORTION OF A 100 ACRE PROPERTY ON LOT 19, ON LINE 7 NORTH . THE LAND SUITED OUR PURPOSE BECAUSE WE DID NOT REQUIRE FULL SERVICES AND IT ONLY REQUIRED A SEVERANCE AND REZONING . A CLAUSE IN THE "OFFICIAL PLAN" REQUIRED A" PLAN OF SUBDIVISION" EVEN THOUGH WE ARE TALKING ONLY 4 BLOCKS ON THE 100 ACRE PARCEL (SEE DRAWING) . JULY 18, 2005 - PLANNING ADVISORY COMMITTEE TIE- VOTE ON REZONING . AUGUST 10,2005 - COMMITTEE ON THE WHOLE DEFERRED APPLICATION TO SEPTEMBER . TRY RECYCLING AND LAND OWNER AGREED WITH TOWNSHIP PLANNER TO APPLY FOR A "PLAN OF SUBDIVISION" ON THE BASIS STAFF WOULD EXPEDITE THE PROCESS . SEPTEMBER 20, 2005 - A "PLAN OF SUBDIVISION" APPLICATION WAS SUBMITTED '\\)-~ .3. . SEPTEMBER 21, 2005 - TOWNSHIP PLANNERS REPORT 2004-049 ASKING FOR THE SUPPORTING ENGINEER'S REPORT . THE INDICATION WAS IF WE COULD EXPEDITE THE ENGINEER'S REPORTS AND THEIR PEER REVIEW BY TOWNSHIP ENGINEERS WE COULD ATTEND THE OCTOBER 24, 2005 MEETING OF THE PLANNING ADVISORY TONIGHT . THERE WERE TWO REPORTS SUBMITTED: TRAFFIC - OCT.5, 2005 AND STORM WATER MANAGEMENT ON OCT,7, 2005 BOTH WENT TO TOWNSHIP ENGINEERS o THE FACT REMAINS THAT A MAXIMUM OF ONE DAYS WORK IS NECESSARY TO COMPLETE THE PEER REVIEW, DESPITE THE FACT THAT THE ENGINEERS HAVE HAD THE REPORTS FOR OVER TWO WEEKS, THEY WERE ALSO MADE AWARE OF THE URGENCY TO COMPLETE THIS REVIEW, THE REPORT STILL REMAINS NOT COMPLETED. o EVERYONE BELIEVED THE PEER REPORTS WOULD HAVE BEEN RECEIVED BY NOW AND WE WOULD BE HERE TONIGHT WITH THE REPORT IN HAND, o AFTER NEARLY 6 MONTHS WE HAVE NO ZONING APPROVAL HAVE NO PLAN OF SUBDIVISION CAN'T PROCEED WITH OUR "CERTIFICATE OF APPROVAL" CAN'T COMMIT TO LAND OWNER o WE HAVE DONE EVERYTHING REQUESTED OF US o WE EXPECTED TO BE CLOSE TO UP AND RUNNING BY NOW o FOR US, TIME IS QUICKLY RUNNING OUT ,j \h-5 .4, WHAT WE NEED o THE CRITICAL TIME POINT IS TO COMPLETE THE PUBLIC MEETING IN NOVEMBER 2005 TO ENABLE US TO PROCEED WITH OUR "CERTIFICATE OF APPROVAL" BY YEAR-END, WE ALSO NEED TO MAKE A DECISION BY YEAR-END AS TO IF WE ARE TO LOCATE ON THIS LAND IN ORO-MEDONTE o THIS ISSUE IS PUBLIC CONSULTATION, WE WOULD LIKE TO MOVE FORWARD. ONE SIMPLE REQUEST o "RECOMMEND A PUBLIC MEETING IN NOVEMBER" o * PEER REVIEWS CAN BE RECEIVED IN INTERIM AND PRESENTED AT THE PUBLIC MEETING AS PART OF THE PUBLIC CONSULTATION o WE NEED YOUR HELP o WE REALLY WANT TO DO BUSINESS IN ORO-MEDONTE o WE ARE A GOOD COMPANY AND WILL BE A REAL ASSET IN TERMS OF TAX $ AND AS A GOOD CORPORATE CITIZEN o WE ASK YOUR ASSISTANCE IN MOVING ON TO A PUBLIC CONSULTATION MEETING IN NOVEMBER