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2001-039 To Adopt Official Plan Amendment No. 9 to the Township of Oro-Medonte Official Plan II! THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2001-39 BEING A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO. 9 TO THE TOWNSHIP OF ORO-MEDONTE OFFICIAL PLAN . The Council of the Corporation of the Township ofOro-Medonte, in accordance with the provision of the Planning Act, hereby enacts as follows: 1. The attached explanatory text which constitutes Amendment No. 9 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.9 to the Official Plan of the Township ofOro-Medonte. 3. This By-law shall come into force and take effect only after a final decision is issued by the County of Simcoe. BY-LAW READ A FIRST AND SECOND TIME, THIS 4TH DAY OF APRIL, 2001. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF APRIL, 2001. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE . .... ,,- , 1\ 26)-/7 .. .. . . OFFICIAL PLAN AMENDMENT NO.9 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE PART OF LOT 7, CONCESSION 10 (ORO) M.R. TRUAX Prepared by The Planning Partnership March 22, 2001 . - .. . . b" . \ - I Q ) I g CONSTITUTIONAL STATEMENT The following Amendment to the Official Plan of the Township of Oro-Medonte consists of three parts, Part A - The Preamble, consisting of the purpose, location and basis of the Amendment, does not constitute part of this Amendment. Part B - The Amendment consisting of the following text constitutes Amendment No, 9 to the Official Plan for the Township of Oro-Medonte. Part C - The Appendices, consisting of the background data and planning considerations associated with this Amendment, does not constitute part of this Amendment OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23, 2001 1 . . . 6 b ) -/7 j I / PART A - THE PREAMBLE PURPOSE The purpose of this Amendment is to make two changes to Schedule 'A' of the Official Plan to facilitate the expansion of an existing gravel pit in part of Lot 7, Concession 10 (Oro), At the time the application was submitted, the lands were designated Rural by the Oro-Medonte Official Plan. LOCATION The Amendment affects approximately 10,0 hectares (24.7 acres) of land in Part of Lot 7, Concession 10, shown on Schedule 'A' attached, Approximately 7,6 hectares (18.7 acres) of this area is located north and west of an existing gravel pit owned by the applicant (M,R Truax), The remaining 2,4 hectares (5,9 acres) is located to the east of the same existing gravel pit BASIS The existing Truax pit is about 36.9 hectares (91,3 acres) in size and is designated Mineral Aggregate Resources by the Official Plan. This pit has existed for at least thirty years and is subject to two licenses issued under the Aggregate Resource Act The first license (#3561) was issued on May 20, 1994 and applies to 8,19 hectares (20.2 hectares) in the north-east portion of the property, This license permits an annual extraction of 500,000 tonnes, The second license (#14475) was issued on October 11, 1994 and applies to 9,43 hectares (23.3 acres) in the south-west portion of the site, This license also permits an annual extraction of 500,000 tonnes, It is the intent of the applicant to extract gravel on an additional 19,1 hectares (47.2 acres) of land, The Official Plan designation applying to 10,0 hectares (2.7 acres) of this expansion area needs to be changed to accommodate the re-zoning and use of these lands for extraction purposes, The remaining 9.1 hectares (22.4 acres) is already designated for aggregate extraction. The northwest expansion area is currently the site of a woodlot The southeast expansion area is currently the site of a residence (to be demolished) and agricultural land. Once all of the additional lands are designated and zoned, the Ministry of Natural Resources (MNR) would then be in a position to issue a license in accordance with the Aggregate Resources Act. If this expansion is allowed to proceed, the applicant does not intend to increase the total annual extraction limit of 1,000,000 tonnes presently permitted by the existing licenses. In order to support the applications, the following reports were submitted by the applicant: · Aggregate Investigation (Geological Investigations) - April 20, 2000. This report confirmed that aggregate in sufficient quantities for extraction are located on the site. OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23, 2001 2 n ! ~ ! \f b D · Natural Environment Study and Impact Assessment (J. Dobell) - June 12, 2000. This report concluded that the proposed pit expansion, while necessitating the removal of a 6.1 hectare woodlot, would not have a negative impact on the large significant woodland in the area, . Noise Attenuation Assessment (R. Bouwmeester and Associates) - January 29, 1999. This report concluded that the limits of excavation should be 50 metres from the Hodgkinson residence and that no other off-site impacts are expected. . · Hydrogeological Study (Dixon Hydrogeology Limited) - 1994. This report concluded that the proposed pit would not have an adverse impact on the groundwater table or adjacent wells, primarily because extraction would not occur within 20 metres (66 feet) of the water table, · Stage I and II Archaeological Assessment (York North Archaeological Services) - May 12, 2000. This report concluded that there were no archaeological resources on the site, All of the above studies, with the exception of the archaeological assessment, were reviewed by consultants retained by the Township. These consultants included LGL Limited (environment), Jagger Hims (hydrogeology) and Valcoustics (noise). Issues A comprehensive review of the application and the issues it raises is contained within a Planning Report prepared by The Planning Partnership, which is attached to this Amendment as Appendix 1, Below is a summary of the main conclusions and recommendations in this report 1. The applicant has completed an Environmental Impact Study (EIS) and has confirmed that the proposed expansion will not impact on any defined feature of Provincial significance. In addition, the applicant's consultant has indicated that the amount of cleared area is very small compared to the size of the forest unit and the historical harvesting on site has reduced the value of the woodlot In addition, this area does not support any watercourses or other significant natural features, On the basis of Township's review of the various reports, the Township accepts this conclusion. 2, 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 20 metres (65 feet) 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. In addition, the extraction will not have an adverse impact on adjacent wells, The Township agrees with these conclusions. OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23, 2001 3 . , , . . . 0(\ 'il ,. D) , I 6 -'0<1 I . 3. Given that a pit is a fairly intrusive land use, the character of the property will certainly change if the applications are approved. However, the applicant has indicated that a number of measures will be undertaken to minimize the impact of the pit on the character of the area, These include: . The retention of 4,0 hectares of woodlot along the north site of Area A, so that the expansion area will not be visible from Bass Lake Sideroad; and, The retention of a buffer area having a width of 30 metres (100 feet) along the 9th Line, which will be site of a berm and tree planting. . It is the Township's opinion that the two measures above will ensure that the impacts of the proposed expansion area are mitigated as best as they can be, 4, Given that this proposal represents an expansion to an existing pit within an area already partially designated for aggregate extraction and given that the applicant has proposed not to increase the licensed annual tonnage, it is the Township's opinion that the extent of added impacts are minOL 5. While it is recognized that 1,000,000 tonnes per year have not historically been extracted from the site, the full impact of the applications, if approved, on the function of the 9th Line between the Bass Lake Sideroad and the south entrance has to be taken into account Given the potential volume of traffic, the nature of the road and the presence of two residences on this portion of the road, this portion of the 9th Line will be upgraded by the applicant, in conjunction with other gravel pit operators in the area as a condition of approval. Gravel Extraction and the Oro Moraine Several concerns have been raised by neighbouring landowners with respect to the impact of aggregate extraction on the Oro Moraine, These concerns are well founded. The Moraine is the heart of the Township's natural heritage system and covers an area of about 4,400 acres, It provides recharge function to a number of groundwater aquifers and is the headwater for a number of watercourses flowing into Lake Simcoe and Georgian Bay. Given the importance of this feature, Council authorized the preparation of a study to review groundwater issues in the Oro Moraine. To date, this study has generally concluded that the Oro Moraine is generally in good health. However, this determination is based on an understanding of the current groundwater function of the Moraine, It is the Township's that a better understanding of the connections between the groundwater recharge function and biological functions of the Moraine is required. This issue will be explored further, in the context of an Official Plan Review. Notwithstanding the above, it is the Township's opinion that the approval of this application can take place in advance of any further study of the Oro Moraine since: · The application does not involve the creation of a new pit; OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23, 2001 4 .. , , .. . . . ()(\ 'jn o b) -0C< . The expanded pit will have little or no impact on the groundwater function of the Oro Moraine; and, . The applicant will not be permitted to take out any additional aggregate, over what he is currently permitted to extract, if the expansion is approved, SUMMARY On the basis of our review of the applications, the supporting studies and the reviews of those studies by the Township's peer review consultants, it is Council's opinion that the proposed expansion will have a minimal impact on the environment, the character of the area, the groundwater recharge function of the Ora Moraine and neighbouring water supplies, On this basis, it is recommended that the application for Official Plan Amendment be approved by the County of Simcoe, OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23, 2001 5 . ~., ..... ,. !. . . ~) bl '\ "r) ;/ i F)...-(. \ ./ / ..- t:J', 1...,__) / PART B - THE AMENDMENT All of this part of the document entitled Part B - The Amendment, consisting of the following text and Schedule 'A', constitutes Amendment No, 9 to the Official Plan of the Township of Oro-Medonte. DETAILS OF THE AMENDMENT The Official Plan of the Township of Oro-Medonte is amended as follows: Item 1: Schedule 'A-13' of the Official Plan of the Township of Oro-Medonte is hereby amended by changing the land use designation applying to approximately 10.0 hectares from the Rural designation to the Mineral Aggregate Resources designation as shown on Schedule 'A' to this Amendment OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23, 2001 6 , 133/22/213131 16: 12 ORO MFDONTE TWP ~ 7375078 NO. 323 (;113132 ! 01\ '711 o b )-CX't Schedule 'A' to. Official ~1~~_~~QI1J.~nt No. 9.,__ , .... -- I. .. . LEGEND )( Xl IX _ ~~Dmeutal SUBJECT LANDS roteeUou One D Acricultural 6 ~ Rur~ ... . _ Rural SettJement he. 1 ~ Reatricted Rural e:::i! 1Im...a! Aure,ate 8 DODO Retources I;i;:m Open Space _ Rural Residential i , OVERLAY DESIGNATIONS _ Bn'rironmental :i Protection Two 10 I I Growul1fatArr ~ Rechar,e Area 11 I 500 0 1000 2000m I W:- I I 1 :40,000 . LANDS TO BE REDESIGNATED FROM THE RURAL DESIGNATION TO THE MINERAL AGGREGATE RESOURCES DESIGN A TION Township of Oro-Medonte " . , . ~. ~ - . . . I \ \) k, \ .. ';).r:;' 6 J,,..J/ (,x"..; PART C . THE APPENDICES Appendix 1 Planning Report prepared by The Planning Partnership dated March 22, 2001, OFFICIAL PLAN AMENDMENT NUMBER 9 Township of Oro-Medonte Prepared by The Planning Partnership on March 23,2001 7