2002-125 To adopt Official Plan Amendment No. 14 to the Township of Oro-Medonte Official Plan
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BY-LAW NO. 2002-125
BEING A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO. 14 TO THE
TOWNSillP OF ORO-MEDONTE OFFICIAL PLAN
The Council of the Corporation of the Township of Oro-Medonte, in accordance with the provision
of the Planning Act, hereby enacts as foHows:
1. The attached explanatory text which constitutes Amendment No. 14 to the Official Plan of
the Township of Oro-Medonte, is hereby adopted.
2. The Planner is hereby authorized and directed to make application to the County of Simcoe
for approval of Amendment No. 14 to the Official Plan of the Township of Oro-Medonte.
3. This By-law shaH come into force and take effect on the day of the final passing thereof
with the approval of the County of Simcoe.
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BY-LAW READ A FIRST AND SECOND TIME, TillS 4th DAY OF DECEMBER, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF
DECEMBER, 2002.
THE CORPORATION OF THE TOWNSillP OF ORO-
MEDONTE
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Mayor - J. Neil Craig
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Clerk - Marilyn Pe ycook
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AMENDMENT NO. 14
TO THE
OFFICIAL PLAN FOR THE TOWNSHIP
OF ORO-MEDONTE
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November 14, 2002
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AMENDMENT NO. 14
TO THE OFFICIAL PLAN FOR THE
TOWNSHIP OF ORO-MEDONTE
The attached explanatory text constituting Amendment No. 14 to the Official Plan for the.
Township of Oro-Medonte was prepared and adopted by the Council of the Township of
Oro-Medonte by By-law No. 2002-/~-S-in accordance with the provisions of Sections 17
and 21 of the Planning Act R.S.O. 1990, c.P. 13 on the day of December
2002.
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'\or - J. Neil Craig
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AMENDMENT NO. 14 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-
MEDONTE
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INDEX
PAGE
The Constitutional Statement 1
PART A - THE PREAMBLE 2
Purpose 2
Location 2
Basis 2-4
PART B - THE AMENDMENT 5
Introduction 5
Details of the Amendment 5
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PART C - APPENDICES
1. Public Meeting Minutes from February 20, 2002
2. County of Simcoe Letter dated February 20, 2002
3. County of Simcoe Letter dated May 29,2002
4. Planning Report to Planning Advisory Committee dated September 12,2002
5. Azimuth Environmental Consulting Inc. Letter dated August 19, 2002
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THE CONSTITUTIONAL STATEMENT
The fo]]owing Amendment to the Official Plan for the Township of Oro-Medonte
consists of three parts.
PART A - THE PREAMBLE-
consists of the purpose, location and basis
for the Amendment and does not constitute
part of the actual Amendment
PART B - THE AMENDMENT -
which sets out the actual Amendment and
consists of the text, constitutes Amendment
No. 14 to the Official Plan of the Township
of Oro-Medonte.
PARTC THE APENDICES -
consists of information pertinent to this
Amendment in the form of background
information. This section does not
constitute part of the actual Amendment.
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PART A - THE PREAMBLE
1.0 Purpose
The purpose of this Amendment it to change the land use designation applying to lands
located in East Half of Lot 7, Concession 7 (formerly Township of Oro) from the "Rural"
designation to the "Mineral Aggregate Resources" designation.
2.0 Location
This Amendment affects approximately 7.6 hectares (18.7 acres) of land in the East Half
of Lot 7, Concession 7 as shown on Schedule "A" attached. The property is located on
Line 7 North above the Old Barrie Road. The Amendment changes the designation of the
property on Schedule "AI2" of the Township of Oro-Medonte Official Plan.
3.0 Basis
The subject property is a total of 40.47 hectares (100 acres) of which 32.87 hectares
(81.22 acres) is currently designated Mineral Aggregate Resources in the Township
Official Plan. Lands to the north, west, south, and east are aU currently designated
Mineral Aggregate Resources in the Township Official Plan. Lands to the south and east
are also currently the site of active licensed aggregate operations.
The subject lands are located on Line 7 North, which is one of the designated haul routes
in the Township. The other lands designated in the vicinity of Line 7 North were aU
zoned and licensed in accordance with an Ontario Municipal Board decision in 1994.
The property is located within the Oro Moraine, which is currently the subject of a Land
Use Strategy review. This application was reviewed by the Environmental Consultants
and Planning Consultants completing that work to ensure compliance with the intent of
that strategy. Due to the existing land uses in this vicinity the proposed amendment to
include the remainder of the subject lands within the Mineral Aggregate Resources
designation is considered appropriate and is consistent with the Land Use Strategy being
developed for the Oro Moraine. There are specific rehabilitation measures to be
implemented on the License issued by the Ministry of Natural Resources in order to
ensure the lands are rehabilitated to natural forestation upon completion of extraction and
that the closure plan include active re-planting with native trees not passive succession in
order to enhance the surrounding natural heritage system to the north-west.
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e Two reports were completed by the applicant in support of the application including:
1. Impact Assessment of an Aggregate Application (Geological Investigations)-
November 9,2001
This report confirmed that aggregate in sufficient quantities for extraction are located
on the site.
2. Natural Environment Study and Impact Assessment (J. Dobell & Assoc) - August
2001
This report concludes that the proposed pit, while necessitating the removal of 7.6
hectares of woodlot, will have no negative impact in the larger significant woodlot in
the northwest.
These reports were reviewed by Consultants retained by the Township including Azimuth
Environmental Consulting Inc.
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The applicant has completed an Environmental Impact Study and has confirmed that the
proposed expansion will have minimal impact on any defined feature of Provincial
significance. In addition, the applicant's consultant has indicated that the amount of land
to be cleared is very small compared to the size of the larger forest unit. In addition, this
area does not support any watercourse or other significant natural features. On the basis
of the Township's review of the various reports, the Township accepts this conclusion.
The applicant has indicated that the proposed pit expansion will not impact on the
groundwater recharge function of the area. In addition, extraction will not intercept the
water table, as it will not occur within 1.5 metres of the water table. No on-site washing
of aggregate is proposed, thereby lessening the potential impact. In order to ensure that
extraction does not occur close to the water table, a number of monitoring wells will be
drilled as a condition of approval. The Township agrees with these conclusions.
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Given that a pit is a fairly intrusive land use, the character of the property will certainly
change if the application is approved. It should be recognized however that this
application is located in the vicinity of five other license aggregate operations that
identify the character of this specific area. However, the applicant has indicated that a
number of measures will be undertaken to further minimize the impact of the pit on the
character of the area. These include:
1. Boundary adjacent to neighbouring property to north to be planted with trees,
transplanted from other locations on the site, to provide an obstruction to the
visibility of the operation.
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2. Berms to be constructed using on-site materials and placed along Line 7 north and
boundary with neighbour to north to provide mitigation to noise and visibility of
the aggregate operation.
It is the Township's opinion that the measures above will ensure that the impacts ofthe
propose operation are mitigated as best they can be.
On the basis of the review, the supporting studies and the reviews of the studies by the
Township's consultant, it is Council's opinion that that proposed aggregate operation will
have a minimal impact on the environment, the character of the area, and the groundwater
recharge function of the Oro Moraine. On this basis, it is recommended that the County
of Simcoe approve the application for Official Plan Amendment.
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PART B - THE AMENDMENT
tit 1.0 Introduction
All of this part of the Amendment entitled Part B - The Amendment, which consists of
the following text and Schedule "A", constitutes Amendment No. 14 to the Official Plan
of the Township of Oro-Medonte.
2.0 Details of the Amendment
1. The Official Plan for the Township of Oro-Medonte is hereby amended as follows:
(a) Schedule A12 is hereby amended by redesignating lands described as East Half of
Lot 7, Concession 7 (formerly Oro) and identified on Schedule "A" attached
hereto and forming part of this Amendment, from "Rural" to "Mineral Aggregate
Resources".
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PART C - APPENDICES
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING MINUTES
Wednesday, February 20, 2002
TIME: 7:07 p.m.
THIRTY -FIRST MEETING 2000-2003 COUNCil
Present:
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Mayor Ian Beard
Deputy Mayor Neil Craig
Councillor Walter Dickie
Councillor Ralph Hough
Councillor Paul Marshall
Councillor Harry Hughes
Councillor Ruth Fountain
Staff Present:
Jennifer Zieleniewski, CAO; Marilyn Pennycook, Clerk;
Andria Leigh, Township Planner
Also Present:
Lloyd Squire, Bill Fitzgerald, Bill Soles, George Sutton,
Fran Sutton, Susan Grant, Bob Barlow, Raymond
Dumont, Peter Wig ham, Orval Hutchinson, Ernie
Dryden, Walter Connell (EZ Rock), Monique Seibert,
plus one illegible name on sign-in sheet
1 & 2. Mayor Ian Beard assumed the chair and called the meeting to order,
followed by a moment of reflection.
3. ADOPTION OF AGENDA:
Motion No. 1
Moved by Marshall, Seconded by Fountain
Be it resolved that the agenda for the Council Meeting dated Wednesday,
February 20, 2002 be adopted as printed and circulated with the addition of
the following:
9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ADM2002-08, Jennifer Zieleniewski, CAO, re: amendment to
Schedule 'A', B-Iaw 96-35, procedure - sale of surplus lands.
10. COMMUNICATIONS:
c) County of Simcoe, correspondence re: 9-1-1 CERB Contract with the
Ontario Provincial Police.
14. BY-LAWS:
b) By-law No. 2002-021
Being a by-law to amend Schedule 'A' of By-
law No. 96-35, to establish a procedure
governing the sale of real property.
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8. DEPUTATIONS:
a) 7:10 p.m. Public meeting re: proposed amendment to the Official Plan and
ZoJng By-law re: Concession 7, East Part of Lot 7 (formerly within
the Township of Oro ).
In attendance for the public meeting were: Lloyd Squire, Bill Fitzgerald and
Bill Soles. Correspondence was received from the County of Simcoe with
respect to this matter. Andria Leigh, Township Planner provided an overview
of the proposed amendments and the applicant's representative (Bill
Fitzgerald, Consultant) made a presentation. Comments were provided by
Mr. Ernie Dryden and Mr. Bill Soles.
There is a tape of this meeting available for review.
Motion No.4
Moved by Fountain, Seconded by Marshall
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Be it resolved that the public meeting re: proposed Official Plan and Zoning
By-law amendment, Concession 7, East Part of Lot 7 (formerly within the
Township of Oro) to redesignate lands from Rural to Mineral Aggregate
Resources designation, File P-121/01 (Lloyd Squire) be adjourned at 7:31
p.m.
Carried.
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9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ADM2002-08, Jennifer Zieleniewski, CAO, re: amendment to
Schedule 'A', B-Iaw 96-35, procedure - sale of surplus lands.
Motion No.5
Moved by Fountain, Seconded by Marshall
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Be it resolved that Report No. ADM2002-08 by Jennifer Zieleniewski, CAO,
re: amendment to Schedule 'A', B-Iaw 96-35, procedure - sale of surplus
lands be received and adopted, and that the Clerk be authorized to bring
forward a by-law to amend Schedule 'A', By-law 96-35 as presented on
February 13, 2002 with the deletion of the last sentence of Clause 4.4.
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Carried.
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TIlt: Corporatio/1 o/the
County of
Sin1.coe
Midl.and Area.; 526-2261 Beeton Area: 729-2294'
Collingwood Area: 428-3143 OrilliaArea: 326-7397
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PI.ANNlNG DEPARTMENT
Telephone Extension 255
Fcbruery20, 2002
Administration Centre
Midhurst, Ontorio LOL lXO
Ms. L. Aiken, Clerk
Townsbip of Oro-Medonte
P.O. Box 100
Oro, Ontario
LOL 2XO
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Dear Ms. Aiken.,
RE: Proposed Official P1an Amendment and Zoning By-taw Amendment
Lot 7, Concession 7, Township of Oro-Medon~ (former Oro) Your File: PJ21!Ol
e Thank you for cb:culating the public meeting notice to this office.
TIle westerly section. of the subject lands, as shown OD. the enclosed map is IOC<ited witJJJn the Copeland Forest
Unit (OM2) of the Green} ands Designation of the County Official Plan.. This unit includes adjacent upland and
lowland habitat, and extensive forested areas of undulating topography. Enclosed for your infQrmation. is a
brief summary of the features and functions for wbich the area has been identified.
Prior. to approval, the applicant is required to demonstrate, througl1 an Environmental Impact St3:tement(EIS),
that the proposed development can be accommodated and the significant char.acteristics of the area maiDtaIDed.
Staff is aware that an EIS was prepared, however a copy has not been circulated tQ thjs office.
C()nsid~ring this Official Plan Amendment and a Zoning By-law Amendment, without an EIS is contrary to
Section 3.7.6 of the County Official Plan which stateS chat "... uses permitted conditionally within. the
Greenland designation, with acceptable results from an EIS, are extractive resource developments". Thus prior
to consideration of the position taken regarding establishing the principle of development within the
Greenlands, an EIS is required to be reviewed to determine jf the features and functions can accommodate tl)is
type of development without negative impact.
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County Plaming staff request that the consideration of these applications be deferred until the EIS and other
applicable studies have been received and reviewed by che County Planning Departmeo,t. , _"", ..'
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Please call if you have questions or require addition a] information.
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Yours cruJy,
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Gail White, M.C.I.P.. R.P.P.
Planner II
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705 727 4276
OS/29 '02 14:25 NO.229 02/02
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The CrJrporation of the
COUllty of
'Simcoe
(705) 7215-9300 Fax: (705) 727-4276
Beeton Area: 729-2294
E-mail: planning@counfy.simcoe.on.ca
Pl.ANNING DEPARTMENT
Telephone Extension 255
Administration Cen1re
Midhurst, Ontario LOL lXO
Ma.y 29. 2002
Townsb;p of Oro-Medonte
P.O. Box 100, Oro, ON
LOL 2XO
Attention.: Andria Leigh, Secretary-Treasurer
Dear Ms, Leigh;
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RE: Proposed Official Plan and Zoning By-law Amendments
Your File P121/01
South Part of Lot 7, Concession 7, former Township of Oro
now ToW,VshiP- of Oro-Mec,l9P~
Further to our letter dated February 20, 2002 concerning the a.bove-noted applications, please be
advised that County Plannjng staffhave received and review the Enviromnental Impact Statement
(EIS) whjch was prepared for the subject property and have no obj~ctions. The EIS identified and
reviewed the features and functions associated with the Copeland Forest (OM2) Unit as described
in the County~s Natural Heritage Study.
In Section 6,'Id.entified Environmental Concerns and Mitigation Techniques., County staff
support the actions identified in the 'suggested mitigation technique' and recommend that tnese
actions become part of the rehabilitation plan.
Please contact me if you have any further questions.
Yours truly,
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Gait White, MCIP, RPP.
ce. Bill Fitzgerald 835-5636 (fax)
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PLANNING ADVISORY COMMITTEE
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September 12, 2002
Lloyd Squire
East Half of Lot 7, Concession 7 (Oro)
P-121/01
Proposal
The subject property is located in Concession 7, East Half of Lot 7 and is located
on the east side of Lint 7 North between the Old Barrie Road and the Bass Lake
Side Road. The property subject to the Official Plan and Zoning By-law
Amendments is a total of 100 acres in size. The applicant's have applied for an
Official Plan and Zoning By-law Amendment to permit the subject lands to be
used for an aggregate operation; only portions of the property require re-
designation and the entire parcel requires rezoning.
Countv Official Plan
Currently - Greenlands, Rural & Agricultural
Designation with Primary and Secondary gravel
identified on the Schedules to the Official Plan
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Township Official Plan Currently - Mineral Aggregate Resources, Rural
and Environmental Protection two Overlay (Significant
Vegetation) Designation
Proposed - Mineral Aggregate Resources
Designation
Township ZoninQ Bv-Iaw
Currently - Mineral Aggregate Resources Two
(MAR2) and Agricultural/Rural (AlRU) Zone
Proposed - Mineral Aggregate Resources One
(MAR1) Zone
Department Head Comments
e Roads Superintendent - No Concerns with the amendment, but would this
applicant as part of the Line 7 North road agreement contribute to the haul route
improvements
Fire Chief - No Objections
Clerk - Located on Oro Moraine, wait for strategy or already has permission?
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Chief Building Official - No Objection
_ Engineering and Environmental Services - Holding Symbol or other means
available to the Township should be use to ensure the applicant contributes their
portion for the upgrades to Une 7 North
Plannin~ Department Comments (September 14. 2001)
The application is a proposal for a new pit operation on a property owned by
Lloyd Squire. The application before the Committee is a request for an Official
Plan and Zoning By-law Amendment. To date, the applicant has provided an
Natural Environmental Study and Impact Assessment and a complete set of Site
Plan drawings. The applicant is currently completing additional studies in
support of this application. In accordance with the Township, these studies will
be required to be technically reviewed by the Township Consultants prior to a
complete report being presented to this Committee for consideration.
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The applicant will also be proceeding at a future date with the required
application under the Aggregate Resources Act.
Recommendation
It is recommended that Development Application P-102/00 a proposed Official
Plan and Zoning By-law Amendment be deferred until the appropriate peer
review comments are received and reviewed; and further that this be brought
back to Planning Advisory Committee for future consideration.
Planninq Department Comments (December 3. 2001)
The applicant has now completed additional studies to support his application
and these are currently being technically reviewed by Township Consultants.
Section 05.3 outlines the conditions under which new mineral aggregate
operations may be permitted. This section indicates that all new operations shall
require an amendment to the implementing Zoning By-law and shall be subject
to the requirements of Section D5.3.1.2 and D5.3.1.3.
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Section D5.3.1.2 relates to the assessment of environmental impact. This
section requires the applicant to complete an Environmental Impact Study that
addresses, in accordance with Section G3 - Requirements for an
Environmental Impact Study:
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a)
the effect of the operation of the pit or quarry on:
· the natural features and ecological functions of the area;
· nearby communities;
· agricultural resources;
· the character of the area;
· the groundwater table; and,
· nearby wells used for drinking water purposes;
b) the effect of the increased truck traffic on the environment;
c) the suitability of the proposed haul routes;
d) the effect of the noise, odour, dust and vibration generated by
the proposed use on adjacent land uses; and,
e) how the site will be progressively rehabilitated to accommodate
subsequent land uses after the extraction is completed; and,
f) how the impacts from the proposed pit or quarry will be
mitigated in order to lessen those impacts.
The EIS prepared in accordance with this Section shall demonstrate
that there will be no negative impacts resulting from the development
of a new mineral aggregate extraction use on the significant natural
features that are identified on Schedule 'B' to this Plan or the
ecological functions for which the area is identified.
The Township Consultant is currently reviewing this study to ensure that the
study complies with the requirements of Section 05.3.1.2 and Section G3. If
additional details are required the applicant will be advised and requested to
complete this work.
Section D5.3.1.3 - Assessment of added impact requires that an applicant
complete an assessment of the added impact of the proposed pit operation on
the items listed in Section 05.3.1.2 and that also takes into account the impacts
of:
a)
b)
existing pit or quarry operations in the general area;
future pit or quarry operations on lands in the general area that
are designated for aggregate extraction but not yet licensed
under the Aggregate Resources Act.
In considering the added impact of the new pit operation to existing known
impacts, Council shall ensure that mitigation measures intended to lessen the
added impact are reviewed and applied as required. During the course of this
review, phasing options shall be considered by the applicant as one means to
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minimize the combined impacts of the proposed pit or quarry and existing pits or
quarries on the general area.
e The applicants have now completed an impact assessment of an aggregate
operation and this is currently being reviewed. A copy of this is attached for the
Committee's reference. If additional details are required the applicant will be
advised and requested to complete this work.
All studies required by the Official Plan have now been submitted, it is
recommended that a Public Meeting now be scheduled to allow public input to
the application and the related technical work prior to any amendments being
made to the reports.
Recommendation
It is recommended to Council that Development Application P-121/01 a
proposed Official Plan and Zoning By-law Amendment proceed to a Public
Meeting in accordance with the requirements of the Planning Act.
PlanninQ Department Comments (September 12, 2002)
e On February 20, 2002 a public meeting was held on both the Official Plan
Amendment and Zoning By-law Amendment which would permit the subject
property to be utilized for aggregate extraction. A copy of the minutes of the
meeting are attached for the Committee's reference.
At that meeting a letter was received from the County of Simcoe requesting that
the application be deferred until their consideration of an Environmental Impact
Study. A copy of this letter is attached for the Committee's review. On May 29,
2002 a revised letter was received from the County indicating that they were
satisfied with the Environmental Impact Study and requested that the Identified
Environmental Concerns and Mitigation Techniques noted in Section 6 become
part of the rehabilitation plan to be considered by the Ministry of Natural
Resources for final approval. The Township agrees that this should be
incorporated into the rehabilitation plan and would require the rehabilitation plan
to be amended to the satisfaction of the Township prior to consideration of the
Zoning By-law Amendment.
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On February 20,2002 comments regarding the Environmental Impact Study
were submitted by the Township's Consultant and these are attached for the
Committee. These comments were forwarded to the applicant and revisions
were provided to the Township on August 15, 2002 to satisfy these items.
On this basis, it is now recommended that the Official Plan Amendment to re-
designate a portion of the property from Rural to Mineral Aggregate Resources
be considered favorably by the Committee and that the appropriate Official Plan
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Amendment be drafted for favorable consideration of Council. The zoning by-
law amendment would not be presented until such time as the Committee
reviews revised plans for the operation and rehabilitation and the Official Plan
Amendment has received approval from the County of Simcoe.
Recommendation
It is recommended that the Official Plan Amendment for Lloyd Squire,
Application P-121/01 be drafted to re-designated lands in Concession 7, East
Half of Lot 7 (Ora) from the Rural designation to the Mineral Aggregate
Resources designation and be presented to Council for favorable consideration.
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AZIMUTH ENVIRONMENT
PAGE 132
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ZIMUTH ENVIRONMENTAL
CONSULTING, INC.
Environmental Assessments & Approvals
August 19, 2002
ABC 02-001
Township of Oro-Medonte
Box 100
Oro-Medonte, Ontario
LOL 2XO
Attention:
Ms Andria Leigh
Township Planner
Re: Proposed Squire Pit - Review Of J. Dobell & Assoc. and Geological
Investigations Responses To Our Peer Review
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Dear Andria:
We have completed OUI review of the responses from J. Dobel1 & Assoc. and Geological
Investigations and provide the following comments.
J. Dobell & Assoc. (letter of March 28, 2001)
Mr. pobell has confirmed that all the species present in the subject woodlot and
surrounding lands are included in the appendices, and that the loss of the woodlot and
associated extraction opera.tions will not adversely impact the local population of the
species identified. As documented by Mr. Dobell, no provinciaUy significant species will
be affected and in the long term restoration with native species will assist in restoring the
lost wildlife habitat.
Considering the aforementioned and existing area affected by the adjacent Lafarge
extraction area, we agree with Mr. Dobell's conc)usions that the loss of the forest habitat
is not significant. We have no further issues with the Natural Environmental Study and
Impact Assessment.
. Geological InvestigatioDs (letter of August 15t 2002)
The letter from Mr. Fitgerald confif11?s that the proposed pit will be constructed in
accordance with an MNR approval that will maintain at least 105m of unsaturated
overburden between the pit floor and the water table. They state that the distance is
111 Saunder~ Road, Unit 2, Bame. Ontario l4M 6E?
telephone: (705) 7:(1-8451; fax: (705) 721.6926 Info@8zimuthenvironmental.com
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10/02/2~02 10:2~ 7057218925
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AZIMUTH ENVIRONMENT
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likely to be greater than that given the .presence of finer grained sediments and therefore
further delineation of the water table is not required.
The majority of the comments we made previously should be addressed through the
Aggregate Act approvals required from MNR. As long as the standards required by
MNR are met and the pit excavates above the water table (as is the cWTent plan), it is
unlikely that there would be significant impact to the ground water regime. MNR should
ensure that ground water recharge is maintained across the property. The proposed pit is
located in and adjacent to lands considered as a core area of the Oro Moraine. h such,
the Township shou1d require that the closure plan return the lands to natural forestation,
and that the closure plan include active re-planting with native trees (as opposed to
passive succession).
If you require any further clarification on the aforementioned issues, please call me.
NMENTAL CONSULTING, INe.
MGJ;