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11 28 2005 PAC Agenda TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MEETING AGENDA Robinson Room Date: Monday, November 28, 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 - October 24, 2005 5. Correspondence and Communication (a) Memorandum from Bruce Hoppe, Director of Planning re: Status - Planning Applications dated November 23, 2005 6. Planning Applications (a) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Bachly Investments Inc., Blocks 65-69, Registered Plan 51M-679 (Medonte), Township of Oro-Medonte, Application 2005-ZBA-19 (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: Frank Lepschi Concession 6, Part Lot 27, RP 51R-16789 Part 1, 2211 Lakeshore Road West (Oro) Township of Oro-Medonte, Application 2005-ZBA-30 (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, December 19, 2005 8. Adjournment TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES 2003-2006 TERM ~-, October 24, 2005 @ 8:40 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 Mayor J. Neil Craig assumed the chair and called the meeting to order. Bruce Hoppe, Director of Planning; Janette Teetert Clerk's AssistantMEDONTE TOWNSHIP .~ t'>, ''1 t 1'5 John Evans, Stacey Graham, Bill Graham i/LUTION# il..c , " NOV - 2 2005 EETING: COUNCil' C.OFW.O Staff Present: Also Present: 1. Opening of Meeting by Chair. Correspondence dated October 24, 2005 from Bill and Stacey Graham to request a deputation was distributed to the public members. Motion No. PAC-1 Moved by Mel Coutanche, Seconded by Terry Allison It is recommended that the request from Bill and Stacey Graham, Try-Recycling Inc., dated October 24, 2005, to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Try-Recycling Inc. be granted. Carried. 2. Adoption of Agenda. Motion No. PAC-2 Moved by Craig Drury, Seconded by Terry Allison It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, October 24, 2005 be received and adopted, as amended. Carried. 3. Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. ~"z. None declared. 4. Minutes of Previous Meetings - September 19, 2005. Motion No. PAC-3 Moved by Craig Drury, Seconded by Terry Allison It is recommended that the minutes of the Planning Advisory Committee Meeting held on September 19, 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: 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-4 Moved by Craig Drury, Seconded by Terry Allison It is recommended that 1. Report No. PD 2005-056, Nick McDonald, Planning Department, re: Application for Rezoning - John Evans, Part of Lot 10, Concession 5 (Medonte), Township of Oro- Medonte, 611 Mount S1. Louis Road be received and adopted; 2. That it is recommended to Council 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, (611 Mount St. Louis Road) to a site-specific AlRU Zone permitting residential and accessory uses only, be approved; 3. And Further That the Clerk bring forward the appropriate by-law for Council's consideration after such time as The Township is advised by the County that the development agreement has been duly executed by the applicant and the County and registered on title. Carried. Planning Advisory Committee Meeting October 24, 2005, Page 2 1/.,3 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 Ora- Medonte, 37 O'Connell Lane, Application 2005-ZBA-20 Motion No. PAC-5 Moved by John Miller, Seconded by Mel Coutanche It is recommended that 1. Report No. PD 2005-058, Nick McDonald, Planning Department re: Application for Rezoning - Peacock, 95 Lakeshore Road East (37 O'Connell Lane), Lot 20, West Part of Lot 21, Plan 798 (Oro), Township of Oro-Medonte be received and adopted; 2. That it is recommended to Council that the application for rezoning submitted by William Peacock, File 2005-ZBA-20, to rezone lands described as Lot 20 and West Part of Lot 21, Plan 798 (Oro), Township of Oro-Medonte, to Shoreline Residential be approved; 3. And Further that the Clerk bring forward the appropriate by-law for Council's consideration. Carried. 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. Motion No. PAC-G Moved by John Miller, Seconded by Mel Coutanche It is recommended that 1. Report No. PD 2005-057, Nick McDonald, Planning Department re: Applications by Viola Tuck - 861 Penetanguishene Road, Part of Lot 16, Concession 1 (Oro), Township of Oro-Medonte, File #2005-ZBA-24 and 2005-ZBA-25 be received and adopted; 2. And Further That it is recommended to Council 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 (861 Penetanguishene Road) be scheduled for a Public Meeting pursuant to Section 34 of the Planning Act. Carried. Planning Advisory Committee Meeting October 24, 2005, Page 3 if-I( 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. Motion No. PAC-7 Moved by Mel Coutanche, Seconded by Robert Barlow It is recommended that 1. Report No. PD 2005-055, Bruce Hoppe, Director of Planning re: Application for Rezoning - Jeffrey Gooch, Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte, (595 Mount St. Louis Road) be received and adopted; 2. And Further That it is recommended to Council that Application 2005-ZBA-23 for rezoning submitted by Jeffrey Gooch respecting Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte (595 Mount St. Louis Road) be scheduled for a Public Meeting pursuant to Section 34 of the Planning Act, R.S.O. 1990, Carried. 7. Other Business. a) Next Public/PAC Meeting - Monday, November 28,2005 b) Stacey and Bill Graham, re: TRY Recycling Inc. Mr. Graham distributed copies of the Concept Plan B map and the deputation submission dated October 24,2005 re: TRY Recycling Inc. to the members of the Committee. Motion No. PAC-8 Moved by Craig Drury, Seconded by Mel Coutanche It is recommended that the Concept Plan B map and correspondence dated October 24, 2005 presented by Stacey and Bill Graham re: TRY Recycling Inc. be received; and that it is recommended to Council that Applications 2005-ZBA-22 and 2005-SUB-01 for TRY Recycling Inc., Part of Lot 19, Conc. 8 (Oro), Township of Oro-Medonte proceed to a statutory public meeting in November, 2005. Carried. Planning Advisory Committee Meeting October 24, 2005. Page 4 ., If-S . . 8. Adjournment. Motion No. PAC-9 Moved by Mel Coutanche. Seconded by Robert Barlow It is recommended that we do now adjourn at 9:50 p.m. Carried. Director of Planning, Bruce Hoppe Chair, Mayor J. Neil Craig Planning Advisory Committee Meeting October 24, 2005, Page 5 54- , TOWNSHIP OF ORO-MEDONTE II MEMORANDUM ~ To: Planning Advisory Committee cc: Jennifer Zieleniewski, C.A.O., Department Heads From: Bruce Hoppe, Director of Planning R.M. File #: Date: November 23, 2005 RolI#: Subject: Status - Planning Applications Frank Lepschi, Lot 39 Rezonin9 to facilitate Statutory Public Recommended to Plan 807, 2005-ZBA- boundary addition as Meeting required proceed to Statutory 30, 220 Lakeshore a condition of Public Meeting at Road West consent November PAC Jules Goossens, OPA, Rezoning and Awaiting circulation Await comments from 2005-0PA-04,2005- consent to facilitate comments prior to a County and LSRCA ZBA-27, Consent the creation of 3 preliminary report to 2005-B-48 - 2005-B- residential lots PAC 50, Part of Lot 25, Conc. 10 Oro Jeffrey Gooch, 2005- Rezoning to remove In process Statutory Public ZBA-23, Part Lot 10, special exception Meeting scheduled for Con. 5 (formerly prohibiting November 28, 2005 Medonte), Mount St development in proximity to landfill Louis Road sites Viola Tuck, 2005-ZBA- Rezoning to facilitate I n process Awaiting Statutory 24/25, Part Lot 16 severance and Public Meeting Con. 1, (formerly Oro), boundary adjustment Penetanguishene Road/Ski Trails Road TRY Recycling, 2005- Subdivision and I n process Statutory Public SUB-01, 2005-ZBA- rezoning for recycling Meeting scheduled for 22, Con. 8, West Part establishment November 28, 2005 of Lot 19, (formerly Oro , 225 Line 7 North AI and Janet Panting, 2005-ZBA-21, Con. 2, Part of Lot 26 (formerly Oro), 2018 Old Barrie Road West William Peacock, 2005-ZBA-20, Lot 20, West Part of Lot 21, Plan 798 (Oro), 95 Lakeshore Road East 37 O'Connell Lane MSL Properties, D12 P16/89, OM-T-91 009 Part of Lot 27, Conc. 3 (Oro) Hillway Equipment, D14 P75/98 Part of Lots 8 and 9, Conc. 12 and 13 (Oro) Bowes/Braden, D14 P105/00, Part of Lot 8, Conc. 4 (Oro) Ucci, D09 P115/01 Part of Lot 27, Conc, 5 Oro Thatcher, D14 P138/02 Part of Lot 15, Conc. 9 (Medonte) M & S Schneider (Willy's Jeeps), D14.02. P134/02 Part Lot 1, Conc. 7 (Oro), 3224 Line 7 North Horseshoe Resort, D12.03 P157/03 Part of Lot 1, Conc. 3 (Medonte) Garden suite Rezoning to remove Residential Limited Service (Holding) Zone Re-zoning from Agricultural/Rural to Residential One, Plan of Subdivision for 93 residential lots Re-zoning from Mineral Aggregate Resources Two to One to permit a re ate extraction Re'zoning from Agricultural/Rural to permit pallet business Official Plan Amendment for Adult Lifest Ie Communit Re-zoning from Agricultural/Rural Exception to Residential One Holding Zone Re-zoning from Agricultural/Rural (A/RU) to exception to permit outdoor storage, repairs and sale of military jeeps and equipment Re-zoning from Future Development Exception 67 to Residential Two Exception Zone and Plan of Condominium for 24 units Application approved; awaiting expiration of appeal period. Approved Inactive since 1999, lands are designated in Official Plan, Township to comment on draft plan once servicing issues addressed, New owner as of July 04, met with twp to review subdivision rocess Approved by OMB Appeal withdrawn Appealed to OMB, Hearing scheduled for A ril 2006 Refused by Council, OMB Hearing adjourned until plan of sub application (2004-SUB-02) is processed by T wp Statutory Public Meeting held in October 2005. Approved. - 2 - None at this time. Building permits available subject to entering into of Garden Suite Agreement after a eal eriod. Await expiration of appeal period. None at this time await technical studies from landowner to proceed further Complete Applicant to complete site plan for home industr None at this time Settlement on Zoning By-law appeal to be presented to OMB after engineering reports complete Staff to assess comments received and report back to PAC with recommendation report. Complete. 54-2. 1254554 Ontario Limited (Ken Secord), D14 (03) P145/03, Part of Lot 15, Conc.1, 51 R-2993, Part 1 and 51 R-27229, Part 2 (Orillia) Bachly, D12 (03) S- 2/03, Part of Lot 15, Conc. 8, Blocks 65-69, Plan M-679 (Medonte) Re-zoning from General Commercial to General Commercial Exception to permit auction sales Part Lot Control (Subdivision) to create 40 lots Ltr received from applicant's solicitor, hired transportation consultant to address MTO letter and required approvals Statutory Public Meeting held September 2005 Await follow up information to satisfy MTO letter prior to preparation of report to PAC Recommendation report to be considered by PAC November 28, 2005 1204600 Ontario Ltd, Official Plan & Zoning Premature until Application to be D09, D14, & D12 P- Amendments to completion of reviewed at time of 146/03 & S-1/03, Lots permit 183 residential Craighurst completion of 18-36, Plan 91, Part of lot subdivision Secondary Plan, On Secondary Plan for Lot 41 & 42, Conc. 1 hold, Peer Reviews Craighurst to determine (Medonte) completed and conformity to the Plan provided to applicant Lester Cooke, Official Plan OPA 19 approved by Awaiting OMB hearing D09 (03) P-159/03 Amendment to Township and date in early 2006. South Part of Lot 17, expand Shoreline County; currently Conc. 3 (Orillia) designation to permit under appeal by creation of three abutting landowner. residential lots, Re- zoning to Shoreline Residential Zone. Corresponding severance a lications. Georgian North Lands Re-zoning to amend Applicant subm itted Applicant advised to Ltd., D14 (04) 2004- provisions currently in letter to Council with submit technical studies ZBA-02, Part of Lot 2 the Residential One proposed revised to support revised plan. and 3, Conc. 9 (Oro) Exception 75 Zone development No further action required at this time. Mary Jane Sarjeant, Re-zoning to remove Approved. Complete. D14 (04) 2004-ZBA-03 holding provision for Part of Lots 1 & 2, property on Range 2 (Oro) unassumed road and permit construction of replacement dwelling CRA Developments, Official Plan Application requires Planning report to PAC D09 & D14 (04) 2004- Amendment to County decision once final LSRCA OPA-03, 2004-ZBA-04 expand Shoreline regarding OPA #17 comments received West Part of Lot 26, designation to permit which amends the Conc. 9 (Oro) creation of 7 current Shoreline residential lots, re- policies, Public zoning to Shoreline Meeting Jan 17/05 Residential zone - 3- 5Q-3 Blueberry Beach (Robert Lean), D09 & D14 (04) 2004-0PA- 01, 2004-ZBA-05 East Part of Lot 20, Conc. 1 (Orillia) Moon Point Dev. Corp., D09, D14, & D12 (04) 2004-0PA- 02, 2004-ZBA-09, 2004-SUB-01 Part of Lot 15 &16, Conc. 3 (Orillia) Hillway Equipment Ltd, D14 (04) 2004-ZBA- 023, Conc 14, pt Lots 8-10 (Oro) 1071118 Ontario Ltd (Robert DeRosa), D14 (05) 2005-ZBA-03 Con. 7, Pt Lot 21 (Oro) Mike and Colleen Gartner, D14 (05) 2005-ZBA-04, Conc. 3, pt lot 27 & 28 (Oro) Helen Anderson, D 09 (05) 2005-0PA-01 Conc. 14, E Y, Lot 9 and N Y, Lot 10 (Oro) Ian & Lori Webb, D 09 (05) 2005-0PA-02 Conc. 11, N Pt Lot 3 (Medonte), 3808 Line 11 North Official Plan Amendment to expand Shoreline designation to permit creation of residential lots, re-zoning to Shoreline Residential zone Official Plan Amendment to expand Shoreline Designation, Rezoning from A1RU to SR zone, and Plan of Subdivision for 14 lot residential subdivision Re-zoning to permit aggregate washing of off site material Rezoning to permit microbrewery use in existing building Site specific rezoning to permit guest accommodation and increased height for boathouse Redesignation from Mineral Aggregate Resources to Agricultural Site Specific designation to permit severance of veterinary clinic Application circulation complete, comments provided to applicant for revisions to application Applications approved by Township and County; appealed to OMB by residents' association Approved by OMB. Approved. Approved. Statutory Public Meeting held October 2005. Approved by Township; awaiting County approval - 4 - None at this time OMB hearing scheduled for January 12, 2006. Complete. Complete. Complete. Staff to complete recommendation report for consideration of PAC. None at this time. SQ.1f 5Q.S John Trecappeli (Suzette Walls) D 14 (05) 2005-ZBA- 08, Conc. 1, pt Lots 2 & 3, 51R-13186, Part 1 (Oro), 1200 Line 1 South Donald Bell, D 14 (05) 2005-ZBA-10, Conc. 13, W pt Lot 13 (Medonte) Donald Woodrow, D 14 (05) 2005-ZBA- 11, Conc. 6, E pt Lot 2 (Medonte) Catherine Staples, 2005-ZBA-12, . Conc 4, Plan M-720, Lot 3 (Oro), 30 Highland Drive Van Noort, D 11 (05) 2005-ZBA-13 Conc 1, Plan 791, Lot 39 (Odilia), 8 Goss Road Temporary Use By- law to permit trailer for human habitation ZBA from AlRU to RUR2 - condition of consent ZBA from AlRU to RUR2 - condition of consent Removal of Holding Provision Removal of Holding Provision for Unassumed Road Application refused; trailer removed. Approved, Approved. Approved, Approved. - 5- Complete. Complete, Complete. Complete. Complete. D12 P13/87 Inactive J. Johnston Construction Ltd. Subdivision OM-T-93003 (Part Lot 1, Concession 14 Oro P21/88 Kovacs Inactive OM-T-91 050 Part of Lot 11, Concession 2 (Oro) Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension granted draft plan approval will lapse. Homire Inactive OM-T-90046 Part of Lot 5, Conc. 14 (Medonte) Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension ranted draft Ian a roval willla se. Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension ranted draft Ian a roval willla se. Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension ranted draft Ian a roval willla se. Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension ranted draft Ian a roval willla se. Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension ranted draft Ian a roval willla se. Report PD 2005-009 adopted by Council on Feb 23/05 added conditions related to 3 year lapsing date for draft plan approval. If not registered by March 7, 2008 and no extension ranted draft Ian a roval willla se. Redline revision received by Township in January 2004, on hold as per applicant's request. Proceeding towards registration. P4/90 Capobianco Recently Active 43T -93022 Part of Lot 1 and 2, Conc. 7 (Oro) P1/91 Houben Recently Active OM-T-94003 Part of Lot 10, Conc. 10 (Oro) P5/94 Horseshoe Inactive Timber Ridge Part of Lot 1, Conc. 4 (Medonte) P77/98 638230 ant. Inactive Ltd. (Keyzer) OM- T -90082 Part of Lot 5, Conc. 13 (Medonte) P13/89 Buffalo Springs Active OM-T-91031 Part of Lots 2 and 3, Concession 9 Oro P52/89 Diamond Active Valley Estates 43T-93019 Part of Lot 2 and 3, Conc. 7 Oro P100/00 HRC Lifestyle Active 43-0M-20001 Part of Lots 3 and 4, Conc. 4 Oro Parts Registered. Time limit imposed in draft plan approval. One year extension granted by the Township on December 22,2004. - 6 - ~~-, Current Development Applications Township of Oro-Medonte '\" <' i/ i\\' Horseshoe Resort ! Re-Zoning & Condominium LI Phase II 2flr\"-ZBA.15 ..rl HorseshoeResort \~ Condominium P5194 : ~~'Jil~'\./ '1~' N ft N N ..", '" \ . "./ . / >> . . ft . ,l,1 . . "",) ; . \:r~", . IV/\ ," . . , \, . . . " Gooch ~nn Re-Zoning 2005.ZBA-23 . . , ",' . . :~, . "~,I . >> . Resort & Condominium . . 204600 Dnt Ltd, (Sinton) OP Ilmg,Subdlvisio P14 d """" ", P'i ' . . rt . ~e-Zonlng . . ",. ", . . l!. ',T~;~~<H,~!:.~~i:~".f'~" : //' ,.......... ;,;,iiW"tT[~~t',', . '?~./ i'("\ /' '111 . Z Ii +! \ iT, If i . /,61 '" I I"~ -, ~'I;! .:..,,'~ 'o'h I,. ..,,1 I Staples Removal of Hold 2005.ZBA-12 f""""'"1 . " " ' , f I ~~b~~;r~?oen Resortflaurelview I P100/00 II ,/ . . I :~! A I. . \~ .~:::]panting . ill <D Re-Zonmg L ~,,'j:~ 2005-lBA.21 I}. . [ #/"1." . 1.,..,/,.,... .r . ""7 'f' ! I ~ I ./ r IBoweS(~,:raden JRe-Zonmg I P105l00 . . t~ . " " >> i If"" Re-Zoning 2005-l6A.24-25 ft " " W\,.,. .cr. " >> p";" . >> .&l,'M~ ,A ",. c' il r i ..,.c...... c i" F4'1 "'Ii 1 [. " , , .1.........',::.1'\ I i "", 1 rj~SL Properties I)",' OPA, Rs-Zonlng, Subdi 0! P16f89 . - . - . . . j , Is.2/03 . f' \ I Diamol!~ Valley Estate'l Subdivision P52189 ,," ~j ........ I' , " I 'i! , " 'i i',. . Lepschi , l~f!CI ,I Rs-Zoning . OPA & Rs-Zoning 2005.ZBA~30 P115/01 . . Thatcher Re-Zoning P1381102 .. I /c,I/( l<::-;?C' I ::) H," 1'1 <), Bell Rs-Zoning 2005~ZBA.10 .' , , '1 [', , ! <'1IJr ./' 1 " l i \ [ , . Woodrow Re-Z 2005 11 00 maider Re-" P13 " ) '" , T) \ FIGsorglsnNnLt;.ncts,L1o., (j ( OPA Re Zoning SubdivIsion >T+~:,\f,l ;OO~;BA 02 R,". I 'JI I: ",,,,'/ . " ~,~ , \[,;,'wLitr"~ I' 'I: I ... I I I ~., : I' 1 . I ..' I " I' I li~I~;: "YO";O ..~ I,', 2OOS;; \ T ';"'1' i , , '\ . ~ ;; I '" ..... . . . . ~~J;:'B~2 Consent2Q05-B-48,2005-B_50 '. . - Lake Simcoe I PeaCOCk Rs-Zoning 2005-ZBA-20 LEGEND I I Current Development Applications . D s - Ir I u ,.T~ I ~~~ " '" Ii I ,I'~ . 'I ,[,,' , :::Homire Subdivision OM-T-90046 . (Key '~ 1'1.' :: .11J i ,I ohnston SUbdivision P1318"1 \ i I i quipmenlLtd. 9 I ! ,ilr ,(1(\;;,',';;;" i\./I '(."/ /", ' L~: w ~ . .s I . D 5.0 10.0 15.0 2(},0 25.0km ~~,~, " ~ 1 " . . . j , . .. 'I""" Noort Removal of Hold 2005-ZBA-13 I ... . .... 'PA ; / . ..J~ndefSon I ' 1~6o~+oPA-01 .LL ' . ;~' . 1/\ .. " ";'i,~P".. " Leser oOke OPA & Re-Zoning P159/03 " .. >> >> . ..&., .CnL. BlueberryBeach ;1 _ Re-Zonmg,OPA 2004'{)PA-Q1, 2004-ZBA-05 /' ., illltEIUDIAN iA;:~'''~'''''"'''-'''''''''' November 23, 2005 64-1 Dept. Report No. To: Planning Advisory Prepared By: PO 2005-064 Committee Wes Crown, MCIP, RPP Rezoning File No. 2005-ZBA-19 Subject: Rezoning Department: Application - Bachly Planning Investments Inc. Council C.ofW. Date: November 23, 2005 Motion # R.M. File #: Date: Roll Nos: 020-005-04418 020-005-04442 020-005-04432 020-005-04476 020-005-04486 TOWNSHIP OF ORO-MEDONTE REPORT ODUCTION The subject property comprises five separate blocks within the Bachly subdivision in the community of Moonstone, located at the soulheast corner of Moonstone Road (County Road 19) and Line 7 North. The Zoning By-law currently requires a minimum lot area of 2000 square metres, whereas the subject application proposes a reduction to a minimum of 1860 square metres. Furthermore, the applicant has requested a minimum interior side yard setback of 1.5 metres on one side, and 3.5 melres on the other whereas the By-law currently requires 2.5 metres on both sides. The rezoning will permit the re-subdivision of the blocks into 40 lots for single detached residential dwellings by way of part lot control. A Statutory Public Meeting under the Planning Act was held on September 19, 2005. There were no verbal nor written comments received with respect to the proposed amendments to the Zoning By-law from members of the public. Two agency comments were received in respect of the circulation; The County of Simcoe responded in a letter dated July 19, 2005 and indicated no objection subject to maintaining certain setbacks 1 6a - '2.. from County Road 19. The Simcoe County District School Board indicated no objection in a letter dated July 26, 2005. BACKGROUND The subject lands are described as Blocks 65 to 69 inclusive, Registered Plan 51 M-679 and have access and frontage on Brechin Crescent, Jennett Drive, and Bachly Avenue within the existing "Heights of Moonstone" subdivision. The five blocks have a total area of 9.09 hectares. The subdivision was registered in the spring of 2000 and has been under development since that time. A total of 59 lots were created in Phase 1 for single detached dwellings, which have since been developed and sold. The existing Phase 1 lots have frontages of approximately 30 metres and areas of approximately 1,860 square metres on average. The subdivision roads in Phase 1 have all been constructed, providing an internal loop road system and two external connections to Line 7 North (Bachly Avenue) and to County Road 19 (Jennett Drive). The Township has not yet assumed the roads. The Heights of Moonstone subdivision is serviced by municipal water and private sewage disposal systems. The subdivision also included five blocks that were not subdivided into separate lots at that time. Blocks 65 to 69, Registered Plan 51 M-679 are proposed to be subdivided into 40 lots. The proposed lots have frontages that range from 30 metres to 40 metres and areas that range from approximately 1862 square metres to over 3000 square metres. Application No. S-2/03 for a plan of subdivision was submitted to the Township in 2003. Committee of the Whole considered Planning Report No. 2003-23 at its meeting on December 10th, 2003 and approved the recommendations regarding the further consideralion and processing of the application. The recommendations of the report included the use of part lot control for the further processing of the application pursuant to the Planning Act. Further, the Owner was required to prepare updated reports concerning the MOE reasonable use guidelines for developmenl on private sewage systems and with respect to stormwater management issues. As set out in Planning Report No. 2003-23, two main concerns were identified with the proposed second phase development. First, there were concerns with respect to the number of lots proposed and the size of the lots in relation to the current by-law standards. The technical studies submitted with the application had not been updated since 1989 and had not been updated based on current MOE guidelines. Second, the existing report for stormwater management from 1993 did not address the flows from the proposed development and did not address the need for a new stormwater management facility nor an expansion to the existing facility. Council directed that these items had to be updated and addressed prior to moving forward with the application. II OFFICIAL PLAN I~ The subject lands fall within the "Rural Settlement Area" in the Township Official Plan. Low density single detached residential lots are permitted use in this designation. Development by plan of subdivision is preferred where more than 3 lots are being created and where the extension of municipal water is required. Section B2.2 of the Plan states that the preferred method of servicing within the Moonstone community is by private sewage treatment systems and municipal water. The section also states that Council shall be satisfied that an adequate water supply is available and that if more than 5 lots are proposed, a hydrogeological assessment be prepared addressing development capacily for private sewage disposal systems. 2 ba,3 Section G2.2 STORMWATER MANAGEMENT REPORTS requires that all new residential development be supported by a stormwater management report prepared in accordance with the latest MOE design manual. The Official Plan supports the proposed plan of subdivision and the proposed rezoning. II ZONING BY-LAW II The subject lands are zoned Residential One Holding "R1(H)" by Zoning By-law No. 97-95. The R1 standards require a minimum lot frontage of 30 metres (98 feet) and a minimum lot area of 0.2 hectares or 2000 square metres. While the proponent is proposing to maintain the minimum lot frontage requirements, due to the configuration of the existing road paltern, a reduction in the minimum lot area to 1860 square metres is proposed. Furthermore, the required side yard setback in the R1 Zone is 2.5 metres. The applicant has also requested that this provision be amended for these lands to a minimum of 1.5 metres on one side, and 3.5 metres on the other. The proponent has indicated that vehicular access to the rear yard for maintenance purposes is difficult within the current 2.5 metre requirement, therefore consideration of an amended setback has been requested. It is also noted that the lands are zoned with the holding symbol (H). The holding symbol is generally not removed until such time as the subdivision agreement is executed. The holding symbol would also be removed concurrently with the passage of a Part Lot Control By-law, consideration of which will be brought forward for the consideration of Planning Advisory Commiltee at an appropriate future date. II ANALYSIS ~I The subject lands are designated and zoned for low-density residential development and are intended to form part of the larger Moonstone seltlement area. The principle of the development of these lands has been established and is supported by the Township's Official Plan and Zoning By-law. The five blocks on Registered Plan 51 M-679, which are the subject of this application, all front on the dedicated roads and the services constructed as part of the first phase of the subdivision. No changes to the road paltern are proposed or anticipated in respect of the proposed subdivision of the 5 Blocks. The rezoning application requested a zone exception for the Phase 2 lands to permit: a) Lot areas of 1860 square metres b) Revised interior side yards (3.5 metres one side and 1.5 metres other side) Through a series of reports, peer reviews, as well as a number of meetings, the Township's consulting hydrogeologist has concluded that the technical studies support the use of a minimum lot size of 1860 square metres within the second phase of the Bachly subdivision. Staff therefore supports the application as it relates to the reduced minimum lot area. It is noted that the net result of the proposed amendment from 2000 square metres to 1860 square metres would result in a net increase in lots from 38 to 40 for all five blocks affected. The owner has also requested that the interior side yard setbacks be amended in order to permit a smaller interior side yard on one side in order to facilitate access to the rear yard for vehicular and maintenance purposes. Phase 1 of the project has been regulated through the standard side yard setback of the "R1" zone and a consistent community character has been established based on this standard. In addition, some lots within Phase 2 abut lots within Phase 1 and as such the issue of compatible land uses becomes a concern. Further it is noted that the minimum lot fronlage is 30 melres therefore in the case of a rectangular lot, the width of the dwelling can be 25 metres which represents a generous width. In order to permit access to the 3 '0 -1/ rear yard, it is staff's opinion that adequate building envelopes exist within the current setback framework to appropriate site dwellings to leave a larger setback. Lastly, in the cases of a reduced sideyard setback of 1.5 metres on abutting lots, this performance standard could result in abutting dwellings being 3.0 metres apart which may detract from the overall character of the subdivision. For these reasons, staff do not support the application as it relates to amendments to the minimum interior side yard setback. Staff have assessed the comments forwarded by the County in respect of the setbacks from County Road 19 and will ensure that the appropriate setbacks are incorporated into the amending By-law. The setback provisions should not impact the available building envelopes due to the relatively large lot sizes proposed. I CONCLUSIONS II The application to rezone of Part of Lot 15, Concession 8, being Blocks 65-66, Registered Plan 51 M-679 (Moonstone) from the Residential One Holding "R1(H)" zone to a Residential One Holding Exception zone (reduced Minimum Lot Area of 1860 square metre) conforms to the Official Plan and represents good land use planning. II RECOMMENDATIONS ~ On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report No. PD 2005-064 be received and adopted; and, 2. THAT the application for rezoning submitted by Bachly Investments Inc. respecting Blocks 65-69, Registered Plan 51 M-679 (Medonte), Township of Oro-Medonte from Residential One Holding R1(H) to a site specific Residential One Holding Exception R1(H)*165 Zone establish a 1860 square metre minimum lot area for Phase 2 of the development be supported. 3. THAT the request for amendments to the minimum sideyard setback not be supported. 4. THAT the Clerk bring forward the implementing By-law for approval. Respectfully Submitted; ~~ 7 Wes Crown, MCIP, RPP ~Ianning Consultant C.A.O. Comments: Date: C.A.O. Dept. Head 4 , . ., DRAFT.. 6"..5 THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2005-_ "Being a By-law to re-zone certain lands within Part of Lot 15, Concession 8, Blocks 65-66, Registered Plan 51M-679 (Medonte) from the Residential One "R1(H)" Zone to the Residential One Exception "R1(H)*165" Zone." 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 Council deems it appropriate to rezone the subject lands; AND WHEREAS the passage of such a by-law will conform to the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A24' to Zoning By-law No. 97-95 as amended, is hereby further amended by rezoning those lands located in Part of Lot 15, Concession 8, Blocks 65-66, Registered Plan 51M-679 (Medonte) from the Residential One "R1(H)" Zone to the Residential One Exception "R1 (H)*165" Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. Section 7 EXCEPTIONS is hereby amended by adding a new clause subsection 7.165 as follows: "7.165 *165 - Part Lot 15, Concession 8, Blocks 65-66, Reg. Plan 51 M-679 (Medonte) Notwithstanding the other provisions in this By-law, the following provisions apply to the lands denoted by the symbol *165 on the schedules to this By- law: a) Minimum lot area b) Setbacks 1860 square metres The minimum setback for structures from the original centreline of County Road 19 shall be 26 metres or 10.7 metres from the property line, whichever is greater" 3. 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 ,2005. READ A THIRD TIME and finally PASSED this _th day of ,2005. Mayor Clerk bb-I ~< ~ ~-:'<:~;;::;~:i Dept. Report No. To: Planning Advisory Prepared By: PO 2005-065 Committee Bruce Hoppe, MCIP, RPP Rezoning File No. 2005-ZBA-30 Subject: Rezoning Department: Application - Frank Lepschi Planning Concession 6, Part Lot 27, RP 51 R-16789 Part 1, 220 Lakeshore Road West (Oro) Township of Oro-Medonte Council C.ofW. Date: November 24, 2005 Motion # R.M. File #: Date: Roll No: 010-008-30000 TOWNSHIP OF ORO-MEDONTE REPORT ~ INTRODUCTION II The subject application would facilitate a condition of consent respecting severance application 2005-6-40, which was approved by the Committee of Adjustment at its meeting of September 15, 2005. The conditional consent would serve to augment an existing residential lot with a lot addition to lhe rear (refer to Attachment #1). As the portion of the lot to be added is currently zoned Agricultural Rural (A/RU), the Committee required that the property be rezoned to Shoreline Residential (SR) to correctly recognize its intended residential use. II OFFICIAL PLAN II The subject lands are designated Rural with an Environmental Protection Two Overlay in the Oro-Medonte Official Plan. The intent of the Rural policies is to preserve and promote the rural character of the Township and maintain the open countryside. 1 '~.L designation is currently silent with respect to lot additions. OPA #17 which was a general to the Official Plan was adopted by Council in August 2003 and approved by the County of Simcoe on November 10, 2004 and subsequently has been appealed. OPA #17 proposes the following new section for the Committee's reference: "Boundary Adjustments A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected." Due to concerns respecting the loss of a larger agricultural parcel to the north, and resulting loss in potential viability of the farm holding, staff recommended that only a reduced lot addition than what was applied for be approved. While it is recognized that OPA#17 is not in effect, it does function as a statement of Council policy therefore the subject application would comply with the intent of the Official Plan. ANALYSIS The subject application serves to satisfy a condition of consent respecting an application for rezoning to facilitate a lot addition to an existing residential lot. This decision by the Committee of Adjustment was consistent with a similar application approved in 2004. As the conditions of the original application (including the rezoning) were never fulfilled within one year of approval, the decision lapsed in accordance with the provisions of the Planning Act and the applicant was required to re-apply. It is appropriate at this time to move forward to a Statutory Public Meeting as required under Section 34 of the Planning Act. It is noted that there was some concern expressed regarding the possible commercial use of the property as the site abuts the Gull Rock Marina. Staff can assess the sideyard setbacks and possible permissions for accessory buildings such as sheds and garages in a subsequent report to Planning Advisory Committee following the public meeting. II RECOMMENDATIONS ~ On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report No. PD 2005-065 be received and adopted; and, 2. THAT the application for rezoning submitted by Frank Lepschi respecting Concession 6, Part Lot 27, RP 51 R-16789 Part 1,220 Lakeshore Road West (Oro) Township of Oro-Medonte be scheduled for a Public Meeting pursuant to Section 34 of the Planning Act. Respectfully Submitted; ~~RPP Director of Planning 2