02 27 2006 PAC Agenda
TOWNSHIP OF ORO-MEDONTE
PLANNING ADVISORY COMMITTEE
MEETING AGENDA
Robinson Room
Date: Monday, February 27,2006
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 - January 30, 2006
5. Correspondence and Communication - None
6. Planning Applications
(a) Planning Report presented by Bruce Hoppe, Director of Building and
Planning, Re: Viola Tuck, Concession 1, Part of Lot 16 (Oro),
Township of Oro-Medonte, Application 2005-ZBA-24/25 (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: Harvey and Dianne Johnstone, Part of Lot 22, Concession 9
(Oro) Township of Oro-Medonte, Application 2005-ZBA-26 (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: Frank Lepschi, Part of Lot 27, Concession 6 (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, March 27, 2006
8. Adjournment
4--/
TOWNSHIP OF ORO-MEDONTE
PLANNING ADVISORY COMMITTEE MINUTES
2003-2006 TERM
January 30,2006 @7:16 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 Building and Planning Services; Janette
Teeter, Clerk's Assistant
Also Present:
Frank Lepschi, Frank Pizitelli, Michelle Hughes, Eva Kroger, Charles
Style, Dianne Keene, Gary Tuck, Ian Sponagle, Dianne Johnstone,
Grace Kidd
1. Opening of Meeting by Chair.
2. Adoption of Agenda.
Motion No. PAC060130-1
Moved by Terry Allison, Seconded by Robert Barlow
It is recommended that the agenda for the Planning Advisory Committee meeting of
Monday, January 30, 2006 be received and adopted.
Carried.
3. Declaration of Pecuniary Interest and the General Nature Thereof - in
Accordance with the Act.
None declared.
1.. 2-
4. Minutes of Previous Meetings - November 28, 2005.
Motion No. PAC060130-2
Moved by Robert Barlow, Seconded by Terry Allison
It is recommended that the minutes of the Planning Advisory Committee Meeting held on
November 28,2005 be received and adopted.
Carried.
5. Correspondence and Communication.
a) Correspondence received January 20, 2006 from M. Fife re: TRY Recycling Ltd.
Motion No. PAC060130-3
Moved by Robert Barlow, Seconded by Terry Allison
It is recommended that the correspondence received January 20,2006 from M. Fife: re:
Proposed Amendments to the Zoning By-Law and Proposed Plan of Subdivision 2005-
ZBA-22 and 2005-SUB-01, TRY Recycling Ltd. be received.
Carried.
6. Planning Applications
a) Planning Report presented by Bruce Hoppe, Director of Building and Planning
Services, Re: Ian Sponagle, Concession 11, West Part of Lot 17 (Oro), Township
of Oro-Medonte, Application 2006-ZBA-02.
Motion No. PAC060130-4
Moved by Craig Drury, Seconded by John Miller
It is recommended that
1. Report No. PO 2006-003, presented by Bruce Hoppe, Director of Building and
Planning Services, re: Zoning By-law Amendment for Ian Sponagle, Concession 11,
West Part of Lot 17 (Oro), Township of Oro-Medonte, 563 Line 10 North be received
and adopted.
2. That it is recommended to Council that Zoning By-law Amendment Application 2006-
ZBA-02 submitted by Ian Sponagle, West Part of Lot 17, Concession 11 (Oro),
Township of Oro-Medonte, (563 Line 10 North) proceed to a Public Meeting in
accordance with the provisions of the Planning Act.
Carried.
Planning Advisory Committee Meeting
January 30,2006, Page 2
4tf-,
b) Planning Report presented by Director of Building and Planning Services, Re:
Jeffrey Gooch, East Part of Lot 10, Concession 5 (Medonte) Township of Oro-
Medonte, Application 2005-ZBA-23.
Motion No. PAC060130-5
Moved by Craig Drury, Seconded by John Miller
It is recommended that
1. Report No. BP 2006-002 presented by Bruce Hoppe, Director of Building and
Planning Services, re: Application for Rezoning - Jeffery Gooch, East Part of Lot 10,
Concession 5 (Medonte), 545 Mount St. Louis Road be received and adopted.
2. That it is recommended to Council that the application for rezoning submitted by
Jeffery Gooch, File 2005-ZBA-23, to rezone lands described as East Part of Lot 10,
Concession 5 (Medonte), Township of Oro-Medonte, to a site-specific A1RU Zone
permitting residential and accessory uses only, be supported.
3. And Further 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.
Carried.
c) Planning Report presented by Bruce Hoppe, Director of Building and Planning
Services, Re: Laurelview Homes, Part Lots 3 and 4, Concession 4, Plan M-741.
(Oro) Township of Oro-Medonte, Application 2005-ZBA-28.
Motion No. PAC060130-6
Moved by Mel Coutanche, Seconded by Craig Drury
It is recommended that
1. Report No. BP 2006-005 presented by Bruce Hoppe, Director of Building and
Planning Services, re: Laurel View Homes Inc. Application for Rezoning for lands
located in Part Lots 3 and 4, Concession 4, Plan M-741 (Oro), Township of Oro-
Medonte be received and adopted.
2. That it is recommended to Council that Zoning By-law Amendment Application 2005-
ZBA-28 submitted by Laurel View Homes Inc. for rezoning for lands located in Part
Lots 3 and 4, Concession 4, Plan M-741 (Oro), Township of Oro-Medonte proceed to
a Public Meeting in accordance with the provisions of the Planning Act.
Carried.
Planning Advisory Committee Meeting
January 30, 2006, Page 3
+-1
7. Other Business.
.a) l'JextPAC.Meeting - Monday, February 27,2006.
8. Adjournment.
Motion No. PAC-7
Moved by John Miller, Seconded by Craig Drury
It is recommended that we do now adjourn at 7:36 p.m.
Carried.
Director of Building and Planning
Services, Bruce Hoppe
Chair, Mayor J. Neil Craig
Planning Advisory Committee Meeting
January 30, 2006. Page 4
6Q- I
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
BP 2006-007 Planning Advisory Andy Karaiskakis
Committee
Subject: Department:
Council Zoning By-law Amendment Building and Planning
for Viola Tuck, Concession
C.ofW. 1, Part of Lot 16 (Oro), 861 Date:
Penetanguishene Road Februarv 21, 2006
Motion # R.M. File #: D1423820
D1423871
Application # 2005-ZBA-24
2005-ZBA-25
Date: Roll #: 010-001-02200
I'
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 to include mature trees to the subject property and the area of this existing lot would be increased
to 2,380 square metres.
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 (refer to Attachment 1).
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 the
intended residential uses.
The applicant submitted the applications for rezoning and a public meeting as required by thfl..!i:9Z,
Act was held on January 30, 2006. No concerns were raised at the public meeting and favorable written
comments were received from the Nottawasaga Valley Conservation Authority and the Simcoe County
District School Board. The purpose of this report is to review the proposed applications and make
recommendation as to the disposition of the matter.
I'
II OFFICIAL PLAN:
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 met 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.
I'
II ANALYSIS:
The proposed Zoning By-law Amendments would conform with the intent and policies of the Oro-
Medonte Official Plan. On this basis, it is recommended that a Zoning By-law Amendment be given
favorable consideration by Council.
II RECOMMENDATION(S):
It
On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council:
1. THAT Report No. BP 2006-007 be received and adopted;
2. That a Zoning By-law Amendment for Viola Tuck, that would rezone the lands described as
Concession 1, Part of Lot 16 (Oro), on Schedule A 12 of Zoning By-law 97-95, as amended from
the Agricultural/Rural (AlRU) Zone to the Rural Residential Two (RUR2) Zone be given favorable
consideration; and
3. That the Clerk bring forward the appropriate By-law for Council's consideration.
Respectfully submitted,
A~kiS' HBA, ACST(A)
Planner
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New Property Boundary
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Dept. Report No. To: Prepared By:
BP 2006-008 Planning Advisory Committee Andy Karaiskakis
Subject: Department:
Council Zoning By-law Amendment Building and Planning
for Harvey & Diane Johnstone
C.ofW. Concession 9, East Part of Date:
Lot 22, (Oro), 234 Line 9 North February 21, 2006
Motion # R.M. File #: 23919
Application # 2005-ZBA-26
Date: Roll #: 010-009-08000
TOWNSHIP OF ORO-MEDONTE
REPORT
~ BACKGROUND:
I
The purpose of this report is to consider the proposed Zoning By-law Amendment application submitted by Mr.
and Mrs. Johnstone. The intent of this application is to rezone a parcel of land that was severed by the
Committee of Adjustment for residential purposes on May 4th, 2005.
The application applies to lands legally described as Concession 9, East Part of Lot 22 in the Township of
Oro-Medonte (formerly Oro) refer to Attachment 1. The lands subject to the Zoning By-law Amendment are
zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) Zone which recognizes a creek located at
the rear of the subject lands. The intent of the proposed Zoning By-law Amendment is to rezone the portion of
the lands currently zoned A/RU to the Rural Residential Two (RUR2) Zone to reflect the intended residential
usage. The lands zoned EP will not be changed.
In May 2005, the Committee of Adjustment granted a consent application for a new lot of approximately 0.8
hectare (2 acres) in total land area which was intended to be utilized for residential purposes. As the parcel
was currently zoned Agricultural/Rural (A/RU), the Committee of Adjustment included a condition in their
decision that required the severed lot to be rezoned to a residential zone to reflect the intended usage.
The applicant submitted the application for rezoning and a public meeting as required by the Planning Act was
held on January 30, 2006. No concerns were raised at the public meeting and favorable written comments
were received from the Lake Simcoe Region Conservation Authority and the Simcoe County District School
Board.
II OFFICIAL PLAN
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I
The subject property is designated Agricultural in the Official Plan. As the intent of the Plan is to protect lands
suitable for agriculture the creation of new lots for residential purposes is only permitted for use by a retiring
bona fide farmer or is considered an infilling lot.
Section 2.3.2.1 defines a bona fide farmer as "a full time farmer who is retiring from active working life and
who has owned and operated a farm operation on the lot from which the severance is proposed for at least 10
years with such farm operation being in existence on January 1, 1994".
It should be noted that on the severance application the applicants indicate that they have owned the property
for the past 25 years.
Section 02.3.3 identifies the conditions under which new residential lots may be permitted:
a) the lot from which the new lot is proposed to be created has an area of at least 36 hectares
or is the whole of an original Township lot;
b) a lot has not been severed from the parcel since March 26, 1973;
c) the severed lot is to be located where it would have the least impact on existing and future
agricultural operations;
d) the proposed lot is no smaller than 0.4 hectares and generally no larger than 1.0 hectare;
e) no portion of the severed lot is to be located closer than 200 metres to a barn or feedlot,
regardless of whether it is being used for agricultural uses at the time the application is
submitted, or the minimum distance required by the Minimum Separation Distance I and II,
whichever is the greater;
f) the proposed lot fronts onto an existing public road that is maintained year round by the
Township, County or Province;
g) the proposed lot will not cause a traffic hazard as a result of its location on a curve or a hill;
and,
h) the proposed lot can be serviced with an appropriate water supply and an appropriate
means of sewage disposal.
In reviewing the application submitted the property currently contains a lot area of 42.4 hectares which would
satisfy subsection (a). Township records indicate that the two residential lots severed off from the parcel were
taken off prior to 1973, satisfying criteria (b). The severed lot is situated in a location which will allow for the
continued use of the remainder of the property for agricultural purposes and the proposed lot would have a lot
area of approximately 0.41 hectares, meeting the minimum 0.4 hectare lot area requirement which would
satisfy subsections (c) and (d). Based on site inspection, the proposed lot will not be closer than 200 metres
to a barn or feedlot, satisfying criteria (e). Favourable comments were received from the Roads and Building
Departments, which would satisfy subsections (f), (g) and (h).
,
II ANALYSIS:
The proposed Zoning By-law Amendment would conform with the intent and policies of the Oro-Medonte
Official Plan. On this basis, it is recommended that a Zoning By-law Amendment be given favorable
consideration by Council. It is noted that the subject application for consent was submitted prior to the 2005
Provincial Policy Statement which came into effect on March 1, 2005. Such new lot creation is no longer
permitted in the Township; however this application is "grandfathered" due to the date of submission.
- 2-
I RECOMMENDATION(S):
(, h- ,
I
On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council:
1. THAT Report No. BP 2006-008 be received and adopted;
2. That a Zoning By-law Amendment for Harvey and Diane Johnstone, that would rezone the lands
described as Concession 9, East Part of Lot 22 (Oro), on Schedule A10 of Zoning By-law 97-95, as
amended from the Agricultural/Rural (A1RU) Zone to the Rural Residential Two (RUR2) Zone and the
existing Environmental Protection (EP) Zone will not be changed be given favorable consideration; and
3. That the Clerk bring forward the appropriate By-law for Council's consideration.
Respectfully submitted,
A~~S' HBA, ACST(A)
Planner
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
BP 2006-009 Planning Advisory Committee Glenn White, MCIP, RPP
Subject: Department:
Council Zoning By-law Amendment Building and Planning
for Frank Lepschi
C.ofW. Concession 6, Part Lot 27, RP Date:
51 R-33967 Part 1, (Oro) February 21, 2006
Motion # Township of Oro-Medonte R.M. File #: 24904
220 Lakeshore Road West Application # 2005-ZBA-30
Date: Roll #: 010-008-30000
II BACKGROUND:
I
The purpose of this report is to consider the proposed Zoning By-law Amendment application submitted by Mr.
Frank Lepschi. The intent of this application is to facilitate a condition of consent respecting Consent
Application 2005-B-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 the rear
(refer to Attachment #1). As the portion of the lot to be added is currently zoned Agricultural Rural (AlRU), the
Committee of Adjustment included a condition in their decision that required the conveyed lands be rezoned to
Shoreline Residential (SR) to correctly recognize its intended residential use.
This application applies to lands described as Concession 6, Part of Lot 27, in the Township of Oro-Medonte
(formerly Oro). The lands to be conveyed to the adjacent lands, being Lot 39 of Plan 807, (220 Lakeshore
Road) have a width of approximately 60 metres (197ft.), a lot depth of approximately 45 metres (148ft.) and a
area of approximately 0.3 hectare (0.7 acres). The retained lands have a lot area of approximately 50
hectares (124 acres). The new lot area resulting from the conveyance would be appropriately 0.4 hectares (1
acre). It is noted that a new building lot will not be created from the lot addition/boundary adjustment.
The applicant submitted the application for rezoning and a public meeting as required by the Planning Act was
held on January 30, 2006. No concerns were raised at the public meeting and favorable written comments
were received from the Simcoe County District School Board.
II OFFICIAL PLAN
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I
The subject lands are designated Shoreline Residential and the retained 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.
The Rural designation is currently silent with respect to lot additions. OPA #17 which was a general
Amendment 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."
While it is recognized that OPA#17 is not in effect, it does function as a statement of Council policy. Given the
small size of land subject to the boundary adjustment, Staff is of the opinion that viability of the use of the
retained land will not affected.
Staff have reviewed the Official Plan and compared the Schedule A4's of the Official Plan and Zoning By-law.
It was determined that the subject lands are designated "Shoreline", which is the same designation of the
lands they will be added to. The result of rezoning the subject lands to Shoreline Residential (SR) will be they
are consistent with the Official Plan designation; therefore the subject application would conform with the
intent of the Official Plan.
II ZONING BY.LAW
~
The subject property is zoned Agricultural/Rural (AlRU) in the Township's Zoning By-law 97-95, as amended.
The lot addition is proposed to be added to a parcel of land that is currently zoned Shoreline Residential (SR).
If the application were approved, the new lot would conform with the provisions of the Shoreline Residential
(SR) Zone. It is recommended that the lot addition be rezoned to the Shoreline Residential Zone to accurately
reflect its intended usage for residential purposes only.
I'
II ANALYSIS:
The consent will ultimately create a flag-shaped lot which will have an interior side lot line abutting the rear lot
line of the abutting residential lot to the east. It is noted that the lot addition will create a new rear lot line
which is inline with the surrounding rear lot lines. The lot depth is consistent with the adjacent lots and the
new lot area is generally in keeping with neighbourhood lot fabric. Given the resulting lot depth, rear lot line
and lot area, Planning staff is of the opinion the new lot will represent appropriate development for the area.
The new lot will comply with the provisions of the Shoreline Residential (SR) zone. The new Shoreline
Residential (SR) zone would accurately reflect the lands intended usage for residential purposes only. The
rezoning would facilitate the subject lands to be added to lands of the same zone, Shoreline Residential. The
proposed Zoning By-law Amendment conforms with the intent and policies of the Oro-Medonte Official Plan.
On this basis, it is recommended that a Zoning By-law Amendment be given favorable consideration by
Council.
- 2-
II RECOMMENDATION(S):
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I
On the basis of the above, it is recommended that Planning Advisory Committee recommend to Council:
1. THAT Report No. BP 2006-009 be received and adopted;
2. That a Zoning By-law Amendment for Frank Lepschi, that would rezone the lands described as
Concession 6, Part of Lot 27 (Oro), on Schedule A4 of Zoning By-law 97-95, as amended from the
Agricultural/Rural (AlRU) Zone to the Shoreline Residential (SR) Zone be given favorable
consideration; and
3. That the Clerk bring forward the appropriate By-law for Council's consideration.
Respectfully submitted,
Glenn White, MCIP, RPP
Senior Planner
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