Loading...
09 22 2008 PAC AgendaTOWNSHIP OF ORO-MEDONTE PANNING ADVISC3RY COMMITTEE MEETING AGENDA COUNCIL CHAMBERS Date: Monday, September 22, 2008 Time: 7:00 p.m. 1. OPENING OF MEETING BY CHAIR 2. ADOPTION OF THE AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" 4. MINUTES OF PREVIOUS MEETING -August 18, 20Q8. 5. DEPUTATIONS: None. 6. PUBLIC MEETINGS: a} 7:00 p.m. Proposed Amendment to the Zoning By-Law, 2008-ZBA-08, Line 9 South, Concession 10, Part of Lot 24 (Oro), Township of Ora-Medonte, (RDR Marine}. 7. PLANNING APPLICATIONS: a) Report No. DS 2008-57, Andria Leigh, Director of Development Services, re: Proposed Official Plan and Zoning By-Law Amendment Applications 2008-OPA-02 and 2008-ZBA-06, Ossom Enterprises Inc., 2976 Highway 11, Part of Lot 20, Concession 7, (Oro), Township of Oro-Medonte. b) Report No. DS 2008-62, Andria Leigh, Director of Development Services, re: Proposed Plan of Subdivision and Zoning By-Law Amendment Applications 2008- SUB-01 and 2008-ZBA-03, Stonehedge Holdings Inc., 2553 Lakeshore Road East, West Part of Lot 21, Concession 14 (Oro), Township of Oro-Medonte. c} Report No. DS 2008-63, Andria Leigh, Director of Development Services, re: Proposed Plan of Subdivision and Zoning By-Law Amendment Applications 2006- SUB-02 and 2006-ZBA-04, Jim and Kimberley Drury, 1099 Old Barrie Road West, West Part of Lot 11, Concession 5, (Oro}, Township of Oro-Medonte [to be distributed under separate cover]. d) Report No. DS 2408-64, Glenn White, Senior Planner, re: Proposed Zoning By-law Amendment Application 2006-ZBA-11, 1500494 Ontario Ltd. (Hans Meyer), 8976 Highway 12, South Part of Lot 1, Concession 1 (Orillia}, Township of Ora-Medonte [to be distributed under separate cover]. e} Report No. DS 2048-56, Andria Leigh, Director of Development Services, re: Planning Advisory Committee Mandate. f} Report No. DS 20C?$-65, Andria Leigh, Director of Development Services, re: County C}fficial Plan Review (to be distributed at meeting}. 8. CORRESPONDENCE AND COMMUNICATION: a} Andria Leigh, Director of Development Services, re: Craighurst Secondary Plan Response. 9. OTHER BUSINESS /EDUCATION: a} Tom Kurtz, re: Source Water Protection Committee Update. 10. ADJOURNMENT ,~ TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES 2006-2010 TERM August 18, 2008, 7:03 p.m. Council Chambers Present: Council Representatives Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Sandy Agnew Councillor John Crawford Cauncillor Dwight Evans Regrets: Councillor Terry Allison Public Representatives Linda Babulic Roy Hastings Mary O'Farrell-Bowers Larry Tupling Tom Kurtz Staff Presen#: Andria Leigh, Director of Development Services; Janette Teeter, Deputy Clerk Also Present: Betty Veitch, Jennifer Cooper, Lynette & Dave Mader, Hartley Woodside 1. OPENING OF MEETING BY CHAIR Deputy Mayor Hough assumed the chair and called the meeting to order. 2. ADOPTION OF THE AGENDA Motion No. PAC080818-1 Moved by Roy Hastings, Seconded by Larry Tupling It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, August 18, 2008 be received and adopted as amended to withdraw Item 9b), Tom Kurtz, re: Source Water Protection Committee Update. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. 4. MINUTES OF PREVIOUS MEETING -June 23, 2008 Motion No. PAC080818-2 Moved by ~.inda 8abulic, Seconded by Roy Hastings It is recommended that the minutes of the Planning Advisory Committee Meeting held an June 23, 2008 be received and adopted Carried. 5. DEPUTATIONS: None. 6. PUBLIC MEETINGS: None. 7. PLANNING APPLICATIONS: None. 8. CORRESPONDENCE AND COMMUNICATION: a) Mayor H.S. Hughes, Overview, Craighurst Process and Resolution. Mayor H.S. Hughes distributed correspondence to members of the Committee. Motion No. PAC080818-3 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the correspondence dated June 27, 2008 and verbal information presented by Mayor H.S. Hughes, re: (Jverview, Craighurst Process and Resolution be received. Carried. Planning Advisory Committee Meeting August 18, 2008, Page 2 ~- ~~. b} Mayor H.S. Hughes, Remuneration Request from PAC, Resolution of Council. Mayor H.S. Hughes distributed correspondence to members of the Committee. Motion No. PAC080818-4 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the excerpt correspondence dated July 16, 2008 and verbal information presented by Mayor H.S. Hughes, re: Remuneration Request from PAC, Resolution of Council be received. Carried. c) Report No. DS 2008-44, Glenn White, Senior Planner, re: Planning Advisory Committee Mandate -Procedural Options. Motion No. PAC080818-5 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the verbal updates from the Planning Advisory Committee members re: Planning Advisory Committee Mandate -Procedural Options be received; and further that Andria Leigh, Director of Development Services bring forward an addendum report on this matter. Carried. d) Andria Leigh, Director of Development Services re: Proposed New Official Plan, County of Simcoe. Motion No. PAC080818-6 Moved by Roy Hastings, Seconded by Linda Babulic It is recommended that the correspondence and verbal information presented by Andria Leigh, Director of Development Services re: Proposed New Official Plan, County of Simcoe be received. Carried. Planning Advisory Committee Meeting August 18, 2008, Page 3 9. OTHER BUSINESS 1 EDUCATION. a) Mayor H.S. Hughes, re: Growth Plan Update. Motion No. PACO$Q818-? Moved by Larry Tupling, Seconded by Roy Hastings It is recommended that the verbal information presented by Mayor H.S. Hughes re: Growth Plan update be received. Carried. b) Tam Kurtz, re: Source Water Protection Committee Update. This item was withdrawn. 10. ADJOURNMENT Motion No. PACO$0818-$ Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that we do now adjourn at 9:43 p.m. Carried. Chair, Deputy Mayor Ralph Hough Director of Development Services, Andria Leigh Planning Advisory Committee Meeting August 18, 2008, Page 4 _ ~1k ~)kll ff! Tf.?INNSHIP C?F C1RQ-MEDONTE 7 ~~~ REPt~RT ~~: Report No. To: Planning Advisory Prepared By: DS 2008-057 Committee Andria Leigh, Director of Develo ment Services Meeting Date: Subject: Proposed Official Motion # September 22, 2008 Plan and Zoning By-law Amendment Applications Roll #: 2008-OPA-01 and 2008-ZBA- R.M.S. File #: D09 37747 4346-010-003-31500 06, 1698165 Ontario Inc. (Ossom Enterprises Inc.) - 2976 Highway 11, Part of dot 20, Concession 7 (Oro), Township of Oro-Medonte RECOMMENDATION(S): Requires Action For Information Only It is recommended that Planning Advisory Committee recommend to Council: THAT Report DS 2008-057 Re: Official Plan and Zoning By-law Amendment Applications 2008-OPA-01 and 2008-ZBA-06 for Ossom Enterprises Inc., Part of Lot 20, Concession 7, (Oro), Township of Oro-Medonte, be received and adopted. 2. THAT Official Plan and Zoning By-law Amendment Applications 2008-OPA-01 and 2008-ZBA-06, Part of Lot 20, Concession 7, (Oro}, Township of Oro-Medonte that would serve to redesignate the subject lands from "Highway 11 Special Policy Area" to "Commercial" on Schedule A of the Official Plan, and to rezone lands from General Commercial Exception (GC*32) Zone to General Commercial (GC} Zone on Schedule A10 of Zoning By-law 97-95, be approved. 3. THAT the Zoning By-law be subject to a Holding (H) Zone, removal of which shall only be done after an appropriate Site Plan Agreement has been entered into. 4. AND THAT the Clerk bring forward the necessary Official Plan Amendment and Zoning By-law for Council's consideration. BACKGROUND: The purpose of this report is to consider proposed Official Plan and Zoning By-law Amendment applications submitted by Reinders Southpark on behalf of the above noted property owner, and make recommendations to Planning Advisory Committee as to the disposition of the matter. PLANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-057 Page 1 of 7 ANALYSIS: The subject property is a narrow property comprising approximately 1.05 hectares (2.6 acres), with 235 metres (771 feet) of frontage on Highway 11 and 46 metres {151 feet) on Line 7 as Hated in Attachment #1. The site has been historically used for a variety of highway commercial uses including a motel, restaurant and gas station. The motel and restaurant is no longer operating and has fallen into a state of disrepair, while the gas station is still in operation. It is understood that a quonset but located towards the west side of the property houses a swimming pawl but is now used as a mechanical garage. It is the intent of the applicant to redevelop the property for a variety of commercial uses, including a 12 pump gas bar with a kiosk convenience stare providing drive through service will be constructed. Other buildings on the site will provide for a restaurant with drive through service together with buildings for retail commercial purposes. In total it is expected that up to approximately 8000 sq.ft. (750 M2) of floor area will be provided as shown on the concept plan, appended to this report as Attachment #2. A re-designation and rezoning is necessary to support this proposed re-development of the site. The proposed commercial development will be supported by an existing private well and a new septic bed with a standard gravity sewer to service the existing Quonset building and proposed gas bar kiosk, convenience stare, and drive thru service. The proposed fast food restaurant will require an additional secondary disposal areaJsystem to be installed prior to such a use occurring. A statutory public meeting was held on June 25, 2008 regarding the proposed development. No verbal comments were received at the public meeting. Written comments were received by staff subsequent to the public meeting from Stuart and Shirley Woodrow regarding stormwater management, sewage servicing, and landscaping, fencing, and site plan matters. FINANCIAL: N1A POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The subject lands are presently designated "Highway 11 Special Policy Area" and are proposed to be redesignated to "Commercial". The proposed amendment would permit the use of the site for the following *service stations, restaurants, retail stores, motels, and personal service shops. The proposed commercial zoning would generally conform with the policies of the Official Plan. PLANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-057 Page 2 of 7 The majority of the subject lands are designated Highway 11 Special Policy Area, with a small portion at the northwest corner of the site designated Oro Centre-Office/Industrial. The land use designations were approved by Council in 2002 as part of the Oro Centre Secondary Plan Area process. This Secondary Plan was adopted by Council as OPA #15, which now forms Schedule "E" of the new Official Plan. In the consideration of OPA #15, a principle was established that the lands in this area would be focused on a new Highway 11 corridor, likely widened from its current 4-lane design, with a traditional interchange access configuration as opposed to the fly-over design currently in place. A traffic consultant was retained in this regard, and a full consultation with the Ministry of Transportation was included. Given the location of the subject property, the subject property was almost entirely designated far Highway widening purposes, the development of new buildings and structures is not currently permitted. It is the intent of the Plan to ensure that lands required by the MTO for the highway network are identified and protected from future incompatible development. The subject property is zoned General Commercial (GC-32) Exception Zone by Zoning By-law No. 97-95 presently. While the GC zoning includes a wide range of permitted commercial uses, the exception 32 prohibits new buildings and structures similar to the Official Plan policies noted above. The subject applications would therefore propose an amendment to the Official Plan, as well as a rezoning to remove the exception 32 zone, in order to facilitate the proposed re-development. If the applications are approved, a Site Plan application would also be required prior to building permits being available for the site. The site plan would review matters including: building and servicing locations, access and parking layouts, stormwater management, building and servicing locations, access and parking layouts, landscaping and signage. The necessary permits from LSRCA and MTO will be required to be obtained prior to Site Plan Approval being obtained from the Township. CONSULTATIONS: Supporting documentation was submitted in support of the proposed development and circulated to internal Township Departments and relevant external agencies. Specifically, the following supporting studies have been submitted and are on file with the Planning Department. 1. Official Plan Amendment Report prepared by Reinders Southpark-Ossum Enterprises dated April 2008; 2. Traffic Impact Assessment Report prepared by Mark Engineering dated December 2007; 3. Functional Servicing Report prepared by John Towle Associates Limited dated February 2008; and 4. Stormwater Management Report prepared by John Towle Associates Limited dated July 2008. PLANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-057 Page 3 of 7 The subject applications were originally submitted in April 2008, have been circulated to internal and external agencies with the following written responses having been received: Lake Simcae Region Conservation Authority - Na objection to the proposed amendments, permit required prior to site plan approval. LSRCA has identified in a subsequent submission that they will require additional revisions to the starmwater management report which can be addressed at the detailed design stage (site plan approval). Ministry of Transportation -June 11, 2008. The letter advises that in principle they support the proposed Amendments and will require Ministry Land Use and Sign Permits to be issued. They also confirm that the buildings will be required to be setback 14 metres from the MTO property limits. Additional discussions have occurred with the Ministry and they have advised that they are currently reviewing the detailed technical reports associated with the required land use permits and approvals from MTO related to the proposed development. County of Simcae -Comments regarding the Oro Centre Secondary Plan, proposed comments from the MTO regarding access and appropriateness of the re-development of the site, and proposed servicing are identified. Recommend site plan approval be implemented. ATTACHMENTS: Attachment #1 - ~aeation map Attachment #2 -Conceptual Plan Attachment #3 -Proposed Official Plan Amendment Attachment #4 -Proposed Zoning By-law Amendment CONCLUSION: The proposed Official Plan and Zoning By-law Amendments would provide for the re- development of an existing commercial site. This would permit the removal of two existing run dawn commercial buildings and the replacement with more updated design and development on the site including a gas bar, convenience retail component, and future fast food restaurant. The proposed Zoning By-law Amendment conforms to the general intent of the Official Plan and the provisions of the Zoning By-law. On this basis, it is recommended that Official Plan Amendment and Zoning By-law Amendment Applications be recommended to Council for approval. PLANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-057 Page 4 of 7 Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services C.A.O. Comments: C.A.O. Approval: Date: PANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-05? Page 5 of 7 ATTACHMENT 1 2008-OPA-01 {C}ssom Enterprises Inc.) PLANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-057 Page 6 of 7 ATTACHMENT 2 20(}$-OPA-01 (Ossom Enterprises Inc.) PLANNING DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-057 Page 7 of 7 ~yy OFFICIAL PLAN AMENDMENT N0.26 (OSSOM COMMERCIAL, HWY #11) TOWNSHIP OF ORO-MEDONTE AMENDMENT N0.26 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE The attached explanatory text and Schedule "A" constituting Amendment No.26 to the Official Plan of the Township of Oro-Medonte, was prepared and adopted by the Council of the Corporation of the Township of Oro-Medonte, by By-law No. 2008- in accordance with the provisions of Section I7 and 21 of the Planning Act, R.S.Q. 1990, Chapter P.I3, as amended. Mayor Clerk 2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NUMBER 2008 - A By-Law to adopt an Amendment to the Official Plan of the Township of Oro-Medonte WHEREAS Section 21 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that Council may amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro-Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to lands within Concession VII,Part of Lot 20, Township of Oro-Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and desirable to adapt an amendment to the Official Plan of the Township of Oro-Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.0 THAT the attached explanatory text and Schedule, "A" which constitutes Amendment No. 26 to the Official Plan of the Township of Oro-Medonte, is hereby adopted; 2,0 THAT the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.26 to the Official Plan of the Township of Oro-Medonte; and 3.0 THAT this By-law shall come into force and take effect in accordance with the provisions of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended. READ A FIRST AND SECOND TIME MAYOR THIS DAY OF , 2008 READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008 CLERK MAYOR CLERK. ~; ~,s~ CERTI~'ICATIQN Certified that the above is a true copy of By-law No. 2008 - as enacted and passed by Council of the Corporation of the Township of Uro-Medonte on the day of , 2008. Clerk 4 TABLE OF CONTENTS CONSTITUTIONAL STATEMENT PART 1-.THE INTRODUCTION 1.1 TITLE 1.2 COMPONENTS 1.3 BACKGROUND 1.4 LOCATION 1.5 BASIS OF THE AMENDMENT 1.5.1 Application 1.5.2 Proposal and Site History 1.5.3 County of Simcae Planning Policies 1.5.4 Township of Oro-Medonte Planning Policies 1.5.5 Engineering 1.5.6 Utilities 1.5.7 Zoning 1.5.$ Conclusions PART 11-THE AMENDMENT 2.1 PREAMBLE 2.2 DETAILS OF THE AMENDMENT 2.3 IMPLEMENTATION 2.4 INTERPRETATION SCHEDULE `A' PART lll -THE APPENDICES Appendix 1: Functional Servicing Report Appendix 2: Traffic Impact Report Appendix 3: Notiee of Minutes of Public Meeting `:.a 5 -E3 THE CONSITUTIflNAL STATEMENT The following amendment to the Official Plan of the Township of Ora-Medonte consists of three parts. PART i -the Preamble -consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. PART II -The Amendment -consisting of the following text and Schedule "A", constitute Amendment No.26 to the Official Plan of the Township of Oro-Medonte. PART III -The Appendices -consisting of the background data associated with this Amendment. This section does not constitute part of the actual Amendment. 6 AI~ZENDMENT No. 25 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE "Ossom Commercial" PART 1- INTRODUCTIC?N 1.1 TITLE This Amendment when approved by the County of S imcoe, shall be known as Amendment No.26 to the Official Plan of the Township of Oro-Medonte. 1.2 COMPONENTS This Amendment consists of the text and Schedule "A" attached hereto. Schedule "A", attached hereto, provides mapping indicating thereon the location of the lands for which a change in the land use designation is being proposed and the specific land use proposed for the site. The text provides for an amendment to permit the development of highway commercial uses on the subject lands. 1.3 BACKGROUND The purpose of this Amendment to the Official plan of the Township of Oro-Medonte, is to place certain lands located in Part of lot 20, Concession VII (geographic Township of Oro} in a Commercial designation in order to permit highway commercial type uses on the lands. This will involve the redevelopment of the site to allow for the continuation of historical uses including the sale of automobile fuel and food services and to add opportunities for retail uses. 1.4 LOCATION The lands effected by this amendment are located on the north side of Highway ll at the intersection of the Seventh Line and Highway 11. The property is described as being part of Lot 20, Concession VII and Lots VI, VII, VIII, Registered Plan 1145, Township of Oro. 1.5 BASIS OF THE AMENDMENT 1.5.1 Application An application has been made to amend the Township of Oro-Medonte Official Plan and Zoning By-law by Ossom Enterprises Inc. The purpose of the application is to amend the planning documents to generally allow the redevelopment of existing and past commercial uses on this site. In order to properly control development along the Highway 7 ll corridor in this area the Township added Section C17 - Oro Center Secondary Plan to the tJfficial Plan. In regard to this site the new policies limited uses and buildings to those existing at the time. These policies, which have necessitated this amendment, will be discussed in the following. Various documents were submitted in support of the application including: A Functional Servicing Report dated February 12, 2008 prepared by John Towle Associated Ltd. 2. A Traffic Impact Analysis entitled Highway Commercial Redevelopment, Highway 11 and Seventh Line, dated December 2007 and prepared by Mark Engineering. 3. A conceptual site plan prepared by John Towle and Associates is included in the engineering report and shown as Drawing "C-I". 1,5.2 Proposal and Site History The use of this site for highway commercial type uses has been in existence for well over 50 years. It has been home to a motel use {two stories) accessory indoor swimming pool (quonset building, west end), a restaurant and gas station. Through age and neglect the motel and restaurant ceased to function however the gasoline service aspect has continued to this day. The proposal is to remove what has become a mostly derelict and rundown use and replace the buildings with appropriate structures which can more properly attract and sustain retaillcommercial uses at this location. It is planned that a 12 pump gas bar with a kiosk convenience store providing .drive through service will be constructed. Other buildings on the site will provide for a restaurant with drive through service together with buildings for retail commercial purposes. In total it is expected that up to approximately 8000 sq.ft. (750 M2) of floor area wiIl be provided. In the absence of the special policies effecting this site the proposed redevelopment would at worst be subject to only a site plan control agreement. However, as a result of the special policies this amendment is necessary. With the approval of this amendment it will allow for the proper redevelopment of this property from it's current dilapidated condition to a properly functioning and positive feature for the benefit of local users and the traveling public. The site has a total frontage along Hwy 11 of approximately 775'(236m) and a depth of some 150' (45m). The total area of the site is some 2.6 a (1.0$h). 8 1.5.3 County of Simcoe Planning Policies The County of Simcoe Official Plan, Schedule 51, Land Use Designations, applies the Rural and Agricultural designation to the area of the site. Also the Special Development Areas designation has been applied to this general location. The site is not within a defined settlement area. The policies of the "Rural and Agricultural" section permit uses including highway commercial uses. As noted, the Special Development Areas designation is applied in this area and therefore development is subject to the policies of section 3.9, Special Development Areas of the Plan. These policies generally require that development be comprehensively planned in regard to related services and infrastructure, storm water management and transportation. In compliance with this direction the Township has responded through Section C17.2.5, Highway 1 I Special Policy Area, which is addressed in the following section. It is offered that the proposed development does not offend any of the policies of the County Official Plan in as much as the need for compliance has been transferred to Section C1'J.2.5 of the Township Official Plan. 1,5.4. Township of Oro-Medonte Planning Policies The Official Plan for the Township contains Section C17 -Oro Centre Secondary Plan, which provides for special policies concerning development in the general area of the subject site. We presume that these policies are in response to the directives found in the County of Simcoe Official Plan noted above. In general, the purpose of the Secondary Plan is to provide for an appropriate mix of land uses, proper and economical transportation networks, appropriate infrastructure features and to provide for a guide concerning future development. 1n terms of goals for the area these are expressed as facilitating development and re- development, the promotion of growth particularly in regard to employment generation and that development in this area will have a positive effect on a much wider area. The policies go on to note the need for attention to urban design, transportation, water, storm water and sewer services involving any development or redevelopment. In regard to transportation and site servicing matters these are addressed in the following sections and through engineering reports which accompany this amendment. The subject site is designated "Highway I 1 Special Policy Area " on schedule `B" to the Official Plan, It is also designated "Oro Centre-Office/Industrial" along the rear portion of part of the site. It is unknown as to why this splitting of the lot depth by the designation is done other than to possibly indicate that various "options" were intended to be considered if and when development occurred. Regardless, as the majority of the site is designated "Highway 11 Special Policy Area" this amendment will address the policies of this designation. 9 4~ Section CI'7.2.5, Highway 11 Special Policy Area, contains policies specific to this site, Part 1 (a) requires that any proposed development be reviewed by the Ministry of Transportation to insure that any development will be compatible with the adjacent road network. As such the Ministry is expected to review and comment on this amendment and proposed development. This will be done in conjunction with the Traffic Report included with this amendment. Part Cb) is intended to protect existing uses and extend to these uses a legal non- conforming status. In regard to this site that would possibly include the gas service facility, the restaurant and motel although these latter uses have admittedly fallen into disrepair. Regardless it is offered that this site has for the most part been an ongoing and active highway commercial use for over fifty years. Part (c} restricts new building and structures and allows for minor additions with the approval of the Ministry of Transportation. As the point of this amendment is to redesignate the site it follows that any new development will require the review and approval of this Ministry. It is proposed that the site be redesignated to the "Commercial" designation. Section C17.2.8, Commercial Designation, provides that the permitted uses and policies of Section C9, Commercial, of the Official Plan shall apply. This section lists a number of permitted uses among whichincludes retail, business office, restaurants and vehicle fuel sales. The proposed use of the subject site would conform with these permitted uses. 1.5.5 En~ineerin~ Two engineering reports have been completed in regard to the redevelopment of the subject site. A Functional Servicing Report and a Traffic Impact Assessment have been provided to the Township along with this amendment. The Functional Servicing Report, prepared by John Towle Associates Limited, dated February 2008, outlines the design concepts for the provision of water supply, sanitary sewage facilities and stormwater drainage systems. The report recommends that the existing well will remain as it is understood to have neither a quantity or quality concern. In regard to sanitary sewage service a new the bed and system will be installed. It is understood at this time that this facility can be designed to properly accommodate the anticipated flaws from the proposed uses. In regard to stormwater management the report notes that this aspect may present challenges due to the topography of the site and the surrounding area. The report provides suggestions on how this can be resolved and concludes that further work is under way and a submission to the Ministry of Transportation will be made shortly for their consideration and approval. IO The Traffic Report, prepared by Mark Engineering dated December 2007, reviews the various aspects of existing and anticipated traffic concerning this site. The report concludes by stating the expected traffic generated from the site and offers that bath intersection and site access traffic is expected to operate at good and acceptable levels of service. Naturally, the report will be reviewed and commented on by the Ministry of Transportation. 1.5.6 Utilities The site is currently serviced by all the required utilities in addition to those items mentioned previously and no concerns have been noted. 1.5.7 Zonin Schedule A10 to the General Zoning Bylaw places the subject site in the General Commercial GC-32 Exception Zone. The exception implements the policies of section C1'7 -Oro Centre Secondary Plan of the Official Plan by prohibiting the development of new buildings ar additions to existing buildings. With the approval of the Official Plan Amendment it is expected that a concurrent Zoning Bylaw Amendment, to remove the exception, will be done. This will then allow the property to be developed as proposed. It is expected that the site will also be subject to a site plan control agreement that will insure the proper location of buildings, parking and the various other features to be provided on site. I.5.8 Conclusions In summary, the proposed use of this site is an appropriate redevelopment and will be of benefit to the local area. It is offered that the policies of the Township of Oro-Medonte Official Plan support the proposed development and that the proposed development is in keeping with the past use of the property. For the reasons stated and set out herein, the proposed uses and development approval method are offered as being in conformity with, and supportive of, the policies contained within the Townships' Official Plan, the County of Simcoe Official Plan and in particular the Oro -Centre Secondary Plan. 11 PART 11-THE AMENDMENT 21 PREAMBLE All of this part of the document entitled "Part II- The Amendment", consisting of the attached text and map schedule constitutes Amendment No.26 to the Official Plan of the Township of Oro-Medonte. 2.2 DETAILS OF THE AMENDMENT Schedule "E", Oro-Centre Secondary Plan Area, of the Township of Oro- Medonte Official Plan is hereby amended by redesignating the area, as shown on the attached Schedule "A" from the `Highway 11 Special Policy Area' and the `Oro Centre-OfficelIndustrial' designations to the "Commercial" designation. 2.3 IMPLEMENTATION This amendment to the Official Plan of the Township of Oro-Medonte will be implemented by an amendment to Zoning By-law 91-95, as amended, of the Township of Oro-Medonte. The provisions of the Official Plan regarding the implementation of that Plan shall also apply to this amendment. 2.4 INTERPRETATION The provisions of the Official Plan of the Township of Oro-Medonte, as amended from time to time, shall apply to this Amendment. 12 APPENDIX 1: FUNCTIONAL SERVICING REPORT ~- 1.3 APPENDIX 2: TRAFFIC IMPACT REPORT '-~ 14 APPENDIX 3: NOTICE OF MINUTES OF PUBLIC MEETING IS ~~ y3 ~, ~ ~~ / ~ Q / ~ ; ; ;. , z wo Q /~ ° ~ ~ o ;/ O ~ a ,, Q '^^ W ~ ~ / U/'~ VJ W U_ o J ~ ~ a 0 Z J K (7 Q W ~ ~ / ~~ ,~ ~ 1 ~ // / /~ l ~ 1 / VJ W N U % ~ ~ o U z ~ - ~ 3 5 ~ ° c6 c ~ ~ z ! ~~ ~ i O ~ /1 `° ~U O O m° C / ///~`~ j / - r ~ ~ (p d / / ~,' ~~/~ ~ U ~ ~ 7 C 1 1 ~ L U U O o Q 1 = t 1 1 1 ~ ' ~ ~ i 1 1 ' 1 = 1 A ~~ 1 1 ~ a ' i / / , i %~" ' ~ ~/ % N •Z c . / ~ - i ~ / /, , N • ~ o 0 1 %~ ~ E ~ ~ ~' .'~ ~; ~ U o ~ a~ o E a ,'~ U O ~ ~ j, m m ~ ~ 0 ~ ;•' 0 0 o c ~~~~~ z -p ~ O O O w B o o¢ s a Q~ ~ ~ o a i z~ < ~ ° ~ p w J ~ v i O O o W I ~ ~ O ? J Z W U Q ¢ ~ O t0 U, Ut- ~ ~N+1r~ O U ~ '~ N 2 ~ U N W I O 2' W U • W Z N W ~ O Z Q U J O N S W N W O _ ~ Q O ~~ r I '`:.„t THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2008- A Ry-law to amend the zoning provisions which apply to lands within Part ofi Lot 20, Concession 7 (Farmer Township of Ora}, now in the Township of Oro-Medonte (Ossam Enterprises Inc. 2008-ZBA-O&} WHEREAS the Gouncil 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. 1994, c.P.13; AND WHEREAS Gouncil deems it appropriate to rezone the lands to permit the development of commercial uses, in accordance with Section G9 and C17 of the Official Plan; NOW THEREFORE the Gouncil of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A14' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 24, Concession 7, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from General Commercial Exception (GC~32} Zane to the General Commercial (GC} Zane as shown on Schedule `A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF , 200$. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin _, <~ Schedule ~A' to By-law No. 2Q08- This is Schedule 'A' to By-Law 2008- passed the day of , 200$. Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FIDE 2008-ZBA-06) F' °' ~,, TOWNSH/P OF ORO-MEDONTE -~ ~ REPQRT p Report No. To: Planning Advisory Prepared By: DS 2008-062 Committee Andria Leigh, Director of Development Services Meeting Date: Subject: Plan of Subdivision Motion # September 22, 2008 and Zoning By-law Amendment 2007-SUB-01 and Roll #: 2007-ZBA-03 (Stonehedge R.M.S. File #: D12- 36697 4346-010-012-23200 Holdings Inc.) West Part of Lot 21, Concession 14, 2553 Lakeshore Road West RECOMMENDATION(S): Requires Action For Information Only ~~~,, It is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report DS 2008-062 Re: Plan of Subdivision and Zoning By-law Amendment for Stonehedge Holdings Inc., West Part of Lot 21, Concession 14 (Oro), Township of Oro-Medonte, be received and adopted; and 2. THAT Plan of Subdivision Application 2007-SUB-01 and Zoning By-law Amendment Application 2007-ZBA-03, Stonehedge Holdings Inc., West Part of Lot 21, Concession 14 (Oro), Township of Oro-Medonte, proceed to a Statutory Public Meeting in accordance with the provisions of the Planning Act. BACKGROUND: The purpose of this report is to consider proposed Plan of Subdivision and Zoning By- law Amendment Applications submitted by Stonehedge Holdings Inc and to make recommendations to Planning Advisory Committee as to the disposition of the matter. The owners total landholding is approximately 6 ha (15 acres) in size, located south of Lakeshore Road East and east of Line 13 South. The property is currently vacant and wooded. The applicant is proposing the development of seven residential lots which are located within a Rural Residential designation. Each of the proposed lots would have access to and frontage on Lakeshore Road East. Proposed lot frontages for the seven lots are 36.42 metres (119.5 ft.), with lot areas ranging from 0.65 ha (1.6 acres) to 1.1 ha (2.7 acres). DEVELOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-062 Page 1 of 4 ANALYSIS: In support of the subject applications, the following technical reports andlor studies were submitted: • Planning Report • Functional Servicing Report prepared by Cole Engineering • Environmental Impact Study prepared by Azimuth Environmental Consulting • Final Stormwater Management Report prepared by C.C. Tat ham & Associates Ltd . These reports were circulated to the appropriate commenting agencies; however to date comments have not been received. Technical comments and review of the reports will be required prior to the matter being considered further. To this end, staff are satisfied that enough information has been supplied by the proponent to proceed to a statutory Public Meeting. If so directed by PAC, a compilation of comments made by the public as well as more detailed agency comments will be obtained for analysis and ultimately disposition of the subject applications. Amore thorough Official Plan analysis will also be included with the subsequent recommendation report. FINANCIAL: Not applicable. POLICIESlLEGISLATION: Township of Oro-Medonte Official Plan: The subject property is designated "Rural Residential and Environmental Protection Two Overlay" by Schedule "A" of the Official Plan. Permitted uses on lands designated Rural Residential an the schedules to the Official Plan are single detached dwellings, home occupations, and bed and breakfast establishments. The proposed Rural Residential zoning generally conforms with the policies of the Official Plan. Zoning By-law 97-95: The subject parcel of land is presently zoned Agricultural/Rural (A/RU) Zone. The site is proposed to be rezoned to a Rural Residential One Exception (RUR1 *} Zone to recognize the lot frontage and area requirements of the seven proposed residential lots DEVELOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-062 Page 2 of 4 and to be consistent with the surrounding residential lands and existing subdivision to the west, ~.., CONSULTATIONS: External agencies and internal departments were consulted with respect to this application. No responses have been received from outside agencies as of this date. No concerns from internal departments have been received as of this date. ATTACHMENTS: Schedule 1: vacation Map CONCLUSION: Zoning By-law Amendment Application 2007-ZBA-03 generally conforms to the policies of the Official Plan and on the basis of the above, it is recommended that the Planning Advisory Committee recommend to Council that Plan of Subdivision Application 2007- SUB-01 and Zoning By-law Amendment Application 2007-ZBA-03, Stonehedge Holdings Inc., proceed to a statutory Public Meeting to gain input and comments from the public. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services C.A.O. Comments: C.A.O. Approval: Date: DEVELOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-062 Page 3 of 4 SCHEDULE 1: LC}CATIORI MAP 2007-SUB-01 & 2007-ZBA-O~ (Stonehedge Holdings Inc.) r' {Jj~~ ~/ ~~ ~r ,r~~'/`',r' .r" ~~ ~OCATI©N OF ~'~' ' ' StJBJEGT IAND~ . ,; ~~ t ~ `~ ~ \~ ~~ °~_ ' `~~~~ A``r 1 r t l` / ~, ~~~~` ~' DEVELOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-062 Page 4 of 4 t)1 tlktJ '.~ ~~~ `'~~ TC?WNSHIP QF QRC?-MEDC?NTE z. (~~ ~~ `,I _' REPORT Report No, To: Planning Advisory Prepared By: DS 2008-063 Committee Glenn White, Senior Planner Meeting Date: Subject: Proposed Plan of Motion # September 22, 2008 Subdivision and Zoning By- law Amendment Applications Roll #: 2006-SUB-02 and 2006-ZBA- R.M.S. File #: D12 26472 4346-010-002-26400 04, Jim and Kimberley Drury - 1099 Old Barrie Road West, West Part of Lot 11, Concession 5 {Oro}, Township of Ora-Medonte RECOMMENDATIONS}: Requires Action X Far Information Only It is recommended that Planning Advisory Committee recommend to Council: 1. THAT Report DS 2008-063 Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications 2006-SUB-02 and 2006-ZBA-04 for Jim and Kimberley Drury, West Part of Lat 11, Concession 5, (Oro), Township of Oro- Medonte, be received and adopted. 2. THAT Zoning By-law Amendment Application 2006-ZBA-04, West Part of Lot 11, Concession 5, (Ora), Township of Oro-Medonte that would rezone lands from the Agricultural/Rural {A/RU) Zone to the Residential One {R1) Zone on Schedule A12 of Zoning By-law 97-95, be approved. 3. THAT the Zoning By-law be subject to a Holding {H) Zone, removal of which shall only be done after an appropriate Subdivision Agreement has been entered into. 4. THAT Draft Plan Approval to the lands proposed to be subdivided by Jim and Kimberley Drury and the draft plan conditions set out in Attachment #2 to this report be granted; and 5. THAT cash-in-lieu of parkland as part of the subdivision approval process be accepted. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 1 of 14 BACKGR©URlC1: The purpose of this report is to consider proposed Draft Pian of Subdivision and Zoning By-law Amendment applications submitted by MNBC Planning on behalf of Jim and Kimberley Drury, and to make recommendations to Planning Advisory Committee as to the disposition of the planning matters. This report reviews the comments made by agencies and members of the public with respect to the applications for development submitted by Jim and Kimberley Drury. A further intent of this report is to provide Council with recommendations on the applications for development. As Planning Advisory Committee will recall, the Drury application is seeking approval for a Zoning By-law Amendment that places a portion of the lands in the Residential One zone, and a Plan of Subdivision application that would allow for the creation of 15 new residential lots. Each of the 15 lots will front on a new public road that extends from Old Barrie Road (County Road 11 }. The minimum lot frontage an the road is 32 metres and each of the lots will have a minimum lot area of 0.25 hectares (0.62 acres}. A reduction of the Plan of Subdivision is attached to this report as Attachment #1. Each of the proposed lots will be serviced by private wells and septic systems. Adjacent land uses to the north and west include additional residential lots within the Edgar Settlement Area. The balance of the lands will be retained by the owner located south of the proposed draft plan and are intended to continue to be utilized for agricultural purposes and are not part of the Plan of Subdivision. ANALYSIS: The subject property is located in the south east quadrant of the Edgar Rural Settlement Area, the draft plan lands are approximately 9 hectares (22 acres} of land from the total land holding of approximately 41 hectares (101.3 acres); the balance of the lands outside of the proposed draft plan are designated and currently utilized for agricultural purposes. The site has frontage on bath Line 4 North and the Old Barrie Road; however given the location of the existing watercourse, the draft plan was designed to provide road access only from the Old Barrie Road (County Road 11 }. The site currently contains an existing residential dwelling which has been identified as being located within one of the proposed residential lots (Lot 8}. Two public meetings were held on September 12, 2007 and November 14, 2007 regarding the proposed development; the second meeting was held to review the -- DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 2 of 14 revised draft plan which is the plan currently being considered for approval and was the result of revisions made to address the public comments from the initial public meeting. The comments raised at the public meeting related to: the access point in relation to traffic safety, intersection lighting and introduction of additional headlights from vehicular traffic; configuration of Lot 1, parkland dedication, zoning, and subdivision/site plan matters. The road was re-aligned to intersect with Lauder Road to the north where there is currently intersection lighting and traffic movements. A traffic report was also completed by ConSALtech Engineering and review by the County indicating no concerns with the proposed number of lots in relation to traffic. Site visits occurred with Township staff and the applicant and it was determined that additional lands adjacent to the current Edgar Community Hall would not be beneficial for a proposed parkland dedication. The Environmental lands east of the Edgar Hall are proposed to be dedicated. A building envelope and driveway location have been identified on Lot 1 clearly indicating an appropriate separation distance from the existing residential lots. The lands are proposed to be zoned in the residential one (R1) which is consistent with the existing residential lands in the settlement area, all of the proposed lots would comply with the lot frontage and area requirements of this zone. FINANCIAL: N/A POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The subject lands are presently designated Rural Settlement Area, Agricultural, Environmental Protection One, and Environmental Protection Two Overlay designations. The lands subject to the draft plan are designated Rural Settlement Area. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on private well and septic services, as proposed by this application. The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in Zoning By-law No. 97-95 presently. The proposed rezoning would rezone portions of the A/RU zone to Residential to reflect the intended use of the these lands for the plan of subdivision, the Environmental Protection zone is not intended to be amended through this application. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 3 of 14 The subject applications would therefore propose an amendment to the Zoning By-law and Draft Plan of Subdivision in order to facilitate the proposed residential development. If the applications are approved, a Subdivision Agreement will also be required prior to removal of the holding provision and registration of the subdivision. The necessary permits from NVCR and the County of Simcoe will be required to be obtained prior to the final approval of the Draft Plan of Subdivision being obtained. The applicant has applied to amend the Zoning By-law and to obtain approval for a draft Plan of Subdivision; given that this report recommends that the applications be approved, below is a brief discussion on the form of each of the documents that will provide for the development. Zoning. B~-law It is proposed to place the property in the Residential One {R1 }zone, there are no exceptions required to the zone standards far the prapased residential development. The Zoning By-law will include a Holding provision that shall not be lifted until the Subdivision agreement has been entered into between the Township of Oro-Medonte and developer. Plan of Subdivision A comprehensive review of all of the supporting reports and the agency comments has been undertaken as part of the process of developing a series of draft plan conditions that would apply to the property. While many of the draft plan conditions are standard conditions that would apply to any subdivision in the Township, there are a number of unique conditions that are intended to ensure that the specific recommendations of the NVCA and County of Simcoe are implemented. It should be noted that the conditions require either a 5% land dedication for parkland or cash-in-lieu of parkland. The draft plan does not show a parkland block. It is my opinion that it would be more appropriate for the Township to collect cash-in-lieu of parkland in this case since the siting of a park for public use an the lands to be subdivided is not necessary ar in the public interest. Site visits occurred with Township staff and the applicant and it was determined that additional lands adjacent to the current Edgar Community Hall would not be beneficial. Currently the Township is completing a facility review which will identify the most appropriate place for the parkland funds acquired through this development to be utilized. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 4 of 14 CONSULTATIONS: Supporting documentation was submitted in support of the proposed development and circulated to internal Township Departments and relevant external agencies. The following are the technical reports completed to support the proposed residential draft plan application: 1. Functional Servicing Report prepared by CanSALtech Engineering Solutions revised May 2008; 2. Development Capability Assessment prepared by Golder Associates dated February 2006 and revised November 2006; and 3. Planning Analysis prepared by MNBC Planning dated January 2006 It is noted that the Natural Hazard Land Study as required by the NVCA was also completed, as well as a drainage flood line analysis identified by the Township Engineer. The subject applications were originally submitted in January 2006, have been circulated to internal and external agencies with the following written responses having been received: Nottawasaga Valley Conservation Authority - No objection to the proposed amendments, permit required prior to final approval of the subdivision. The Township of Oro-Medonte relies upon the Nottawasaga Valley Conservation Authority {NVCA) to provide advice and recommendations on environmental matters. As part of their role, the NVCA reviews the majority of applications submitted pursuant to the Planning Act. In this case, the applications and the supporting documentation were sent to the NVCA in January 2006. The NVCA had site visit with the proposed to review the environmental protection lands and determine the necessary study requirements. Following the submission of various revised plans and technical studies, the NVCA provided a commenting letter to the Township of Oro-Medonte dated January 25, 2008. On the basis of the above, the NVCA is supportive of the approval of the requested Draft Plan of Subdivision and Zoning By-law Amendment. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 5 of 14 County of Simcoe - As the proposed development fronts on and is proposed to be accessed from Old Barrie Road (County Road 11), review and draft plan conditions were required from the County in support of the proposed development. Following the submission of various revised plans and technical studies, the County provided a commenting letter to the Township of Oro-Medonte dated June 25, 20x8. On the basis of the above, the County is supportive of the approval of the requested Draft Plan of Subdivision and Zoning By-law Amendment. On the basis of the County and NVCA comments and their recommendations respecting the Draft Plan of Subdivision and the Zoning By-law Amendment, it is my opinion that development can proceed as proposed. All of the conditions discussed above are reviewed later in this report and have been included within the Draft Plan Conditions and the Zoning By-law Amendment, as required. ATTACHMENTS: Attachment #1 -Draft Plan Attachment #2 -Proposed Draft Plan Conditions CONCLUSION: The proposed Draft Plan of Subdivision and Zoning By-law Amendment would provide for the residential development of these lands located within the Edgar Settlement Area. The proposed Zoning By-law Amendment would rezone the lands to an appropriate Residential zone which conforms to the general intent of the Official Plan. On the basis of the above, it is recommended that Council approve the Draft Plan of Subdivision and associated conditions and the adoption of the Zoning By-law Amendment with a Holding provision. Respectfully submitted: _~ - ~`-, -,_ Glenn White, MCIP, RPP Senior Planner C.A.O. Comments: C.A.O. Approval: Date: --.._. __ DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 6 of 14 v~ ATTACHMENT 1: DRAFT PLAN 2006-SUB-02 & 2006-ZBA-04 (Jim and Kimberley Drury) t ,\ t r ~ { t ~ ~ l t ~'` 1 \ ~ 1 Jv ~ ~ fcBlC1~R` 17 , ~ t t }~ 1 ~ a ~ ' t ~ ~ 7 ~ ~ vrf ~ ~ -1'~ YRpA~ ''~/ .~ ~ ` ~ 4th `'~ _~ ti ~. 1 ~ 1 ~ O ~~ ~ ~9 ,. 1 t ~ t BLOCK 16 t ,~ ~ y~ ~." ~ ,%~. } Y ~ ~ ~~. ~ 1 \ ~ ~' ~ l ~ BLOCK 1$1 ,,. t ~ ' t ~ ' ~l _ ~ Y~ 1 ~ ~,: ~~~~ ~ ~V 1~ \ ~~ \ ~ } /~ J h/ 1 ~ ~ 4, ~ ,\ Y J e, \ y ~ } \ ,~. 1 V ~ ~ K ./ y a.>ee~..m. J` ~~~ ht. ~y V~ 1 \ ~ ~ l\ v~ E, l ~+ l ~ ~l l4Ct` \ P ~,- ~o~ ` „ ~~,'` _ '` ~ / ~ ` 3\ , ~ ~~~ 4 ~ 6 ~' J 16 ~\ 7d.. ~ t`~` ~" ~ y~~tie ~ 1a `} ~,- p j1 t2 ~.~\1~~• ~~,~,~ y~ CONCEPT DRAFT PLAN OF SUBDIVISION w +n DoT t t, cDNCESSIDN s Ti ~ NSHIP OF OR6MEDtkttE "~dRAPHIC TDwNSWiP OE ORO _; tNFR'S CERTIF. xTE ADDITIO.'~AI. MJFORMA710N REdUIRED UNDER SECTION St(17) OE THE PCANNiN6 ACT R.S.O. X990 c P 13. AS AMENDED sua~rc* ~~n w" a~ ~ ~ 1» 8~ 1+ y~ \ x.s REP ~HEDUtE nan ~ we etlMMA°9 - a .~ RESIDENTIAL l0T SUMMARY DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 7 of ~ 4 ATTACHMENT 2: PROPOSED DRAFT PLAN CONDITIONS 2006-SUB-02 & 2006-ZBA-04 (Jim and Kimberley Drury) Applicant: Jim and Kimberley Drury Date of Decision: File No: 2Q06-SUB-02 Date of Notice: Municipality: Township of Oro-Medonte Last Date of Appeal: Subject Lands: West Part Lot 11, Concession 5, former Oro Township of Oro-Medonte The Township of Oro-Medante's conditions to final plan approval for registration of this Plan of Subdivision are as follows: No. Conditions That this approval applies to the draft plan prepared by MHBC Planning dated June 23, 2008 in West Part of Lot 11, Concession 5, former Oro, Township of Oro-Medonte which shows a total of 15 single detached residential lots, 1 stormwater management black (Block 16), 1 Emergency access block (Block 17), 1 Environmental protection Block (Block 18), 2 daylighting triangles (Blocks 21 and 22), and 2 0.3 metre reserves (Block 19-2fl). 2. That the owner include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported to t accommodated in temporary facilities out of the neighbourhood school's area. 3. That the owner agrees to include in all offers of purchase and sale a statement advising the prospective purchased that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities andlor directed to schools outside of the area. 4. That the owner agrees to include in al! offers or purchase and sale a statement that advises prospective purchasers that school busses will not enter cul-de-sacs and pick up points will generally be located an through streets convenient to the Simcoe County District School Board. Additional pick up paints will not be located within the subdivision until major construction activity has been completed. 5. That the draft plan approval of the development is for a period of three (3) years. The owner shall apply for any extension at least sixty (60) days prior to the lapsing. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 8 of 14 6. That the owner agrees to satisfy all the requirements, financial and otherwise of the Township of Caro-Medonte. 7. That the road allowances included within this draft plan of subdivision shall be dedicated as a public highway without monetary consideration and free of all encumbrances. 8. That the 0.3 metre reserves included within this draft plan of subdivision shall be conveyed to the Township of Ora-Medonte without monetary consideration and free of all encumbrances. 9. That the road allowances within this draft plan of subdivision shall be named to the satisfaction of the Township of Ora-Medonte. 10. That prior to final approval the appropriate zoning shall be in effect for this subdivision, in accordance with the provisions of the Planning Act. 11. That the owner shall enter into a subdivision agreement with the Township of Oro- Medonte, agreeing to satisfy all conditions, financial and otherwise, of the Township of Oro-Medonte. 12. That the subdivision agreement between the owner and the Township contain phasing arrangements to the satisfaction of the Township. 13. That the Owner agree in the Subdivision Agreement to make satisfactory arrangements for the construction of a mail facility, if required, to the satisfaction of the Township of Oro-Medonte with confirmation received from Canada Post. 14. That the Owner carries out an appropriate archaeological assessment to the satisfaction of the Ministry of Citizenship, Culture and Recreation. 15. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 16. That prior to final approval, an amended Certificate of Approval from the Ministry of Environment be obtained with respect to ownership and operation of the storm water facilities. 17. That the Ministry of Environment receive a fully executed copy of the subdivision agreement to ensure that conditions are being fulfilled. 18. That prior to final approval, a plan or plans shall be prepared to the satisfaction of the Township Engineer showing: a) drainage control measures, b) general lot grading including existing and proposed elevations, c) building envelopes DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 9 of 14 d) erosion control measures e) location and type of drinking water supply. These approved plan{s} will form part of the Subdivision Agreement with the Township. The consultant may be required to check the elevations of the building footings, prior to further construction, to ensure conformity with the approved plans noted above. The consultant may be required, prior to the issuance of a Final Inspection Report, to certify in writing that the installed works have been carried out in accordance with the approved plans. 19. That prior to any site alteration and final plan approval, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority and the Township of Oro-Medonte: A detailed Storm Water Management Report; An Erosion Control Plan; and, A detailed Grading Plan. 20. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above. 21. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to ensure that all storm water management facilities and sediment and erosion control measures will be in place prier to any site alteration. 22. That the owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Nottawasaga Valley Conservation Authority. 23. That easements required for storm water management purposes be granted to the Township of Oro-Medonte. 24. That the Willow Creek valley be deeded and conveyed to the NVCA or the Township of Oro-Medonte. 25. That the owner shall obtain a permit, under the Conservation Authorities Act from the NVCA prior to any grading or construction in the regulated area. 26. That the owner shall agree, prior to final plan approval, to pay all development fees to the conservation authority as required in accordance with the NVCA's fees policy, under the powers of the Conservation Authorities Act. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 10 of 14 27. That prior to final approval, the Owner shall submit a Stormwater Management Report to the satisfaction of the County of Simcoe in accordance with current Provincial and County policies and standards. The report shall demonstrate that post-development drainage flow rates to the Caunty road allowance do not exceed the pre-development condition and that the water quality levels are maintained ar improved. 28. That prior to final approval, the Owner shall submit a Grading and Drainage Plan to the satisfaction of the Caunty of Simcoe. 29. That prior to final approval, the Owner shall submit an erosion and Sedimentation Control Plan to the satisfaction of the County of Simcoe prior to any site grading, alteration or construction occurring on the site. 30. That prior to final approval, the Owner shall construct a 60 metre eastbound right-turn taper lane at the proposed access to the subdivision to the satisfaction of the County of Simcoe. 31. That prior to final approval, the Owner shall enter into a legal agreement with the County of Simcoe whereby the Owner agrees to assume financial and other responsibility for the design and construction of the right-turn taper lane. 32. The Owner shall transfer to the County of Simcoe at no cost, a fee simple, unencumbered interest in the following: (a) 15 metre by 15 metre daylight triangle blocks at each limit of the proposed road intersection with County Road 11; and (b) 0.3 metre reserves across the frontage of the property adjacent to County Road 11 including the daylight triangle blocks. 33. That prior to final approval, the Owner shall submit to the satisfaction of the County of Simcoe a preliminary M-Plan which sets out the daylight triangle and reserve blocks to be transferred to the County. 34. The Owner shall agree in the Subdivision Agreement in insert the following warning clauses within all Offers of Purchase and Sale Agreements for prospective purchasers of the Lots abutting County Road 11 (Old Barrie Road West): "The Caunty uses a 0.3 metre reserve to restrict access to the County Road. Purchasers of lots abutting Caunty Raad 11 are hereby advised that these lots are subject to the 0.3 metre reserve and access to County Raad 11 across the reserve will not be permitted by the County." "County of Simcoe Road setback By-law No. 5604 regulates the location of buildings and other structures on lands adjacent to County Roads. All lot development adjacent to County Road 11 is subject to the requirements of the County Road Setback By-law, or its successor." DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 11 of 14 _~ 35. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe County District School Board how conditions 3 & 4 has been satisfied. 36. That prior to the final approval of this plan, the Township is advised in writing by the Simcae Muskoka Catholic Separate Schaal Board haw condition 2 has been satisfied. 37. That prior to the final approval of this plan, the Township is advised in writing by the Nottawasaga Valley Conservation Authority how conditions 19 through 26 have been satisfied. 38. That prior to the final approval of this plan, the Township is advised in writing by the County of Simcoe how conditions 27 through 36 have been satisfied. 39. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Citizenship, Culture and Recreation how Condition 14 has been satisfied. 40. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Environment how conditions 16 & 17 have been satisfied. 41. That prior to the final approval of this plan, the Township is advised in writing by Canada Post how condition 13 has been satisfied. 42. That prior to the final approval of this plan, the Township is advised in writing by the Township of Oro-Medonte how conditions 1 through 41 have been satisfied. NOTES TO DRAFT APPROVAL It is the applicant's responsibility to fulfill the conditions of Council's approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to -the Township of Ora-Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON LOL 2X0, quoting Township file number 2006-SUB-02. 2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is situated in a land titles division and there are certain exceptions. 3. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that access to the Municipal highway will not be granted across the reserve. It should be shown as a block on the final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation of the Township of Oro-Medonte together with the proposed final plan should be sent to the municipal Clerk. 4. Inauguration, ar extension of a piped water supply, or a storm drainage system, is subject to the approval of the Ministry of Environment under sections 23 and 24 of the Ontario Water Resources Act, R.S.O. 1980. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 12 of 14 5. Hydro One wishes to advise the developer of the following: (a) the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer (b) any easement rights of Hydro One are to be respected (c) the developer should contact the local Hydro One Area Office to verify if any low voltage distribution lines may be affected by the proposal 6. The final plan approved by the Township must be registered within 30 days or the Township may withdraw the approval under Section 51(59) of the Planning Act, R.S.O. 1990 7. All measurements in the subdivision final plan must be presented in metric units. $. Clearances are required from the following agencies: Corporation of the Township of Oro-Medonte Box 100 Oro Station, Ontario LOL 2X0 Simcoe County District School Board 1170 Highway 26 Midhurst,ON LOL 1 XO Simcoe Muskoka Catholic District School Board 46 Alliance Blvd. Barrie,ON L4M 5K3 County of Simcoe 1110 Highway 26 Administration Centre Midhurst,ON LOL 1 XO Nottawasaga Valley Conservation Authority 8195 8'" Line Utopia, Ontario LOM 1 TO Ministry of Culture 400 University Ave. 4th Floor Toronto, ON M7A 2R9 DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 13 of 14 If the agency conditions concern conditions in the Subdivision Agreement, a copy of the relevant section of the agreement should be sent to them. This will expedite clearance of the final plan. 9. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse under subsection 51(32) of the Planning Act, R.S.Q. 1990, as amended. If the Owner wishes to request and extension to draft approval. a written explanation, must be received by the Township of Oro-Medonte Prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 10. When the Zoning By-law is being prepared, reference to this subdivision application OM-file number should be included in the explanatory note. This will expedite the Township's and other agencies' consideration of the by-law. Please be advised that the approval of this draft plan wiN lapse on '**, 2011. This approval may be extended pursuant to subsection 51 {33) of the Planning Act, but no extension can be granted once the approval has lapsed. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval will lapse under Section 51(32} of the Planning Act, R.S.O. 1990. If the owner wishes to request an extension to draft approval, a written explanation, must be received by the Township of Oro-Medonte sixty (60) days prior to the lapsing date. Subjec# to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act R.S.O. 1990, Chapterl3, as amended. This day of 200$ Director of Development Services, Township of Oro-Medonte DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. DS 2008-063 Page 14 of 14 ~. ,, f, raw~usHaP c~F oRO-nnEnoNrE '~- REPORT ~. ~ r- Report Na. DS 200$-064 To: Planning Advisory Committee Prepared By: Glenn White, MCIP, RPP, Senior Planner Meeting Date: Subject: Zoning By-law Motion # 2008 September 22 Amendment 2006-ZBA-11 , -Hans {1500494 Ontario Inc Roll #: . Meyer) R.M.S. File #: D94 35582 4346-030-090-00800 South Part of Lot 1, Concession 1 89'76 Highway 12 RECOMMENDATION{S): Requires Action ~ For Information Only On the basis of the above, it is recommended #hat Planning Advisory Gommittee recommend to Gouncil: 1. THAT Report No. DS 2008-064 (1500494 Ontario Inc.-Hans Meyer} be received and adopted; ~. That the Planning Advisory Committee recommend to Gouncil that Zoning By- law Amendment Application 2006-ZBA-11, South Part of Lot 1, Concession 1 (Qrillia}, 8976 Highway 12, Township of C?ro-Medonte to be approved as proposed with the exception that the requested contractor's yard not be a permitted use on the subject lands. ~~I BACKGROUND: ~ The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by 1500494 antario Inc. (Hans Meyer} and make recommendation to Planning Advisory Committee as to the disposition of this matter. The statutory Pub#ic Meeting was held on May 28, 2008 for this application. At the Public Meeting, one resident of the area spoke and raised issues and concerns related to noise, dust, traffic, aesthetics and the effects on the local water table by the proposed uses. ANAt.YSIS: The subject land is located on the west side of Highway 12, south of Horseshoe Valley Road, being 8976 Highway 12, South Part of Lot 1, Goncession 1 (C}rillia}. The property has an area of approximately 0.9 hectares {2.23 acres} and fronts on Highway 12 with a DEVELOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 1 of 12 lot frontage of 51 metres {168 feet}, The site is currently occupied by a single detached dwelling located approximately in the middle of the property and a barn located near the rear property line. The applicant is proposing to rezone the portion of the lands currently zoned Residential Qne {R1} to a General Commercial {GC} Zone. The subject lands has an existing split zoning on the property of General Commercial {GC} Zone on the front portion and Residential tJne {R1} an the rear portion of the property. The applicant is requesting that the whole of the property have a consistent zoning of General Commercial {GC} Zone to permit commercial/office use along with storage use in the building. A nine unit commercial self storage building located at the rear of the site is requested to be permitted. The applicant is also requesting that a contractor's yard be a permitted use on the subject lands. The proposal is to replace the existing barn located in the R1 zone and the existing dwelling with a 499.4 m~ {6376 ft2} building for storage of equipment and a future use as a contractor yard. It is also proposed to have 169.5 m~ {1728 ft~} of building devoted to commercial/office use at the front of the storage building. The applicant is also proposing 277.4 m~~ nine unit self storage building {2985.5 ft2} be permitted at the rear of the property. Therefore, the total proposed storagekommercial building located close to Highway 12 will be 660 m2 {7104 ft~} in total area. Nine parking spaces have been proposed adjacent to the commercial/storage building and three spaces located adjacent to the proposed storage unit building. Staff calculated the required number of parking spaces would be 13 parking spaces. One more space could be identified during the processing of a Site Plan application. The site will be provided with access to Highway 12 by way of a joint driveway from the abutting property to the northwest, which the applicant also owns, The access proposal is consistent with the comments received from the Ministry of Transportation which commented that the two properties will have to be merged on title, or an easement for a right-of-way be created and registered on title. The applicant will have to clarify which method will be used to achieve shared driveway access from Highway 12. The access driveway and the parking area in front of the officelwarehouse building will be paved with asphalt. The remaining circulation areas of the site are proposed to be gravel areas containing dust free and erosion resistant granular material. The area adjacent to the property line is proposed to be landscaped and contain a storm water basin. The storage unit building and the proposed landscaped area at the rear of the site will provide a buf#er from the rest of the site for the adjacent residential properties to the west and south, Greater detail of the proposed landscaping will have to be identified during the Site Plan application process. At the Public Meeting, a neighbouring resident expressed concerns with the proposed development. Planning staff met with the resident to clarify the concerns which were the effect o€ the uses on the local water table and stormwater issues, noise and dust which would be created by the uses, traffic produced from the proposed uses and the aesthetics of the proposed uses. The proposed site plan was reviewed by the Township Consulting Engineer to address the concems raised by the neighbour. They are detailed as follows: DEVELOPMENT SERVIGES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 2 of 12 a} Where does stormwater and snow melt go on the site? The site is proposed to be graded such that all run-off and snow melt is directed to a Storm Water Basin at the north property line and then is piped to the existing drainage swale on the applicant's development to the north. b} C}oes the site plan address environmental issues such as the collection of contaminants from leaking vehicles? The Township Engineer is not aware of Site Plans in the Township designed with collection facilities far gas and fluids from vehicles. The applicant's Stormwater Management and Construction Mitigation Report indicate that "no significant surface contamination is anticipated, with only light automobiles and small truck traffic expected." The Township Engineer noted that a majority of the site is to have a crushed limestone surface which will assist in filtering out impurities. c} Will the proposed uses on site affect the neighbouring properties' webs? The water supply from the adjacent property at 8980 Highway 12 is being utilized far this proposed development with no new well being installed. Specific information regarding the proposed camrnercialloffice uses is not available to answer questions about their water usage and possible effect on neighbouring wells. Some of these questions could be further addressed by the applicant at the Site Plan Control review, if the application is approved. FINANCIAL: Nat applicable. POLICIES/LEGtSLATI©N: OFFICkAL PLAN The subject property is within a "Settlemen#" designation as identified by the County of Simcoe Official Plan. The County of Simcoe Official Plan states "Settlement areas should be planned to accommodate a diversity of land uses, including residential, commercial, industrial and institutional, to reinforce their traditional role as central places and service centres.,, The subject property is designated "Rural Settlement Area" by the Township's Official Pkan. This designation permits low density residential uses, small scale commercial uses that serve the needs of the settlement area and the surrounding rural area, including small scale industrial development in the form of repair garages, warehouses, workshops or manufacturing and/ar fabrica#ion plants, institutional uses such as schools, places of worship, community centres, libraries and similar uses, bed and breakfast establishments and home occupations. Section C3.3.1 of the Official Plan provides issues to be considered for Zoning By-law Amendments requesting new commercial institutional and industrial uses in a "Rural DEVEIrOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2©U8 Report No. DS 2Q©8-U64 Page 3 of 12 Settlement Area". The policies state that before considering an amendment to the Zoning By-law to permit any of these uses, Council shall be satisfied that the: a} proposed use is compatible with the character of the settlement area; b) proposed use serves the needs of the settlement area and/or the rurat area; c} the proposed use can be serviced with an appropriate water supply and an appropriate means of sewage disposal; d} adequate parking and loading facilr`"ties and landscaping can be provided on the life; e) where a proposed use abuts or is in close proximity to an existing residential use, fencing, landscaping, berming or a combination of these features shall be utilized to ensure that there is adequate screening between the uses. The proposed uses would be subject to Site Plan Control in accordance with the Township's Site Plan Control By-law. In accordance with the Township practice Staff will recommend the property, if rezoned, be subject to a Holding Provision until such time as a Site Plan Agreement and drawings are executed by Council and registered on title to ensure that items identified through the zoning process are completed including and are not limited to landscaping, fencing, berming, parking etc. It should be noted that a contractor's yard is a permitted use in the Economic Development (ED} Zone and not in the General Commercial (GC} Zone which a portion of the property is currently zoned. The Economic Development (ED} Zone applies mainly to industrial land uses near Highway 11. Staff is of the opinion that the proposed contractor's yard is not an appropriate use on this property in a Rural Settlement Area. As noted above, the contractor's yard is permitted in an Economic Development {ED} Zone and not in the General Commercial {GC) Zone. There is possible conflict with this type of use adjacent to residential properties from the point of view of noise coming from moving vehicles. The applicant's consultant report identified only light automobile and small truck traf#ic is expected on the site. However, the noise from these types of vehicles could be annoyance to the surrounding residential properties. once the Contractor's yard is permitted, there is the possibility that the use could escalate to include larger construction vehicles such. as dump trucks and excavators which would greatly increase the noise level concern. The contractor's yard could also escalate to a scale which could not be interpreted to be small in scale and not compatible with the surrounding residential properties. This use also presents a visual concern to the neighbouring residents with the outside storage of multiple vehicles. ZONING The subject lands has an existing split zoning on the property of General Commercial {GC} Zone on the front portion and Residential Une (R1) on the rear portion of the property. The applicant is requesting that the whole property be zoned General Commercial (GG) to be consistent with the zoning of the front portion. This is also consistent with the zoning of the abutting property to the north (8980 Highway 12), which the applicant owns and contains commercial and commercial self storage establishment uses. It is noted that the abutting property to the north is zoned General Commercial Exception {GC*106} Zone. This exception was required to permit the DEVELOPMENT SERVICES DEPARTMENT Meeting gate September 22, 2008 Report No. DS 2008-064 Page 4 of 12 commercial self storage establishment which occupies the site. This same exception will be required for the lands of this application since the applicant is proposing nine commercial self storage units at the rear of the property, The proposed General Commercial {GG) zone will provide consistent zoning for properties containing the same uses. Presently, a commercial self storage establishment use is listed as a permitted uses in an Economic Development Zone by By-law 97-97 not a General Commercial Zone. This is the reason why the above noted exception section is required in the amending By-law, if approved. To be more consistent with the permitted uses of the Official Plan designation of Rural Settlement Area, the General Commercial Zone is mare appropriate than the Economic Development Zane. However, as stated above it is staff's opinion that the requested Contractor's yard and associated outside storage of vehicles and equipment is not appropriate for this site. ! CpNSULTAT14N5: The application and supporting surveylsketches were circulated to internal Township Departments and relevant external agencies. The following responses have been received: Ministry of Transportation - As noted on the t_ot grading plan, the existing residential access onto Highway 12 is to be removed and a connection to the property to the west is to be obtained. fn order to not create a land-locked parcel of property, the ministry would require that either the two properties be merged on title, or an easement for a right-of-way be created and registered on title. It is the Ministry understanding that the property owner would prefer an easement, which will allow them to have access across the neighbouring property, to gain access onto Highway 12. MTC} would have no objection to this; however, the interconnection between the two properties must be as far .away from the highway right-of-way as possible and must tie-in to the existing access on private property. No alterations to the existing commercial access onto highway 12 will be permitted, and the existing residential entrance onto Highway 1 ~ must be closed and physically removed, and the right-of-way restored to the satisfaction of this Ministry. All above and below ground structures must be setback a minimum distance of 14m from the highway property limits. The Drainage Report and bot Grading, Site Servicing and Stormwater Management Plan are acceptable to the Ministry. Prior to any construction being undertaken, all MT© Building permits must be obtained. A Sign permit must be obtained prior to the placement of any signs. Simcoe County District School Board -Elementary students may attend Marchmont Public School and secondary students will be bussed to Orillia District Collegiate & Vocational Institute. Public Works - l€ equipment is parked at the new location, it would remove the parking concern that Public Works has on 41d Coldwater Road. Building Department -Change of Use permit may be required if the current use changes and the sewage system may require verification (size, setbacks, etc.} DEVE~oPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 5 of 12 Fire Department - No objection provided that appropriate width access is designed into the site to properly access the rezoned property at the rear. If equipment and a commercial building are to be placed at the rear, a 3.5 metre wide driveway would not be acceptable. No other concerns have been expressed by internal Township Departments. ATTACHMENTS: Schedule 1: bocation Map Schedule 2: Site Plan Schedule 3. Elevations Schedule 4: Elevations Schedule 5: Elevations C4NGIvUSIflN: Planning staff have reviewed this application and have concluded that the requested General Commercial Zone is appropriate for the lands at 8976 Highway 12. Further, to permit the requested commercial self storage establishment to be permitted on the site in a Genera! Commercial (GC) Zone, a zoning exception is required. Staff can support these proposed uses which are consistent with the policies of the Official Plan. However, it is staff's opinion that the requested contractor's yard use is not consistent with the policies of the Official Plan and appropriate for a site surrounded by existing residential properties. Finally, it is recommended that a Holding {H} provision be applied to the site until such time as Site Plan has been approved by Council. Respectfully submitted: -} ~~~ ,, GE~e`rin white, MCIP, RPP Senior Planner Department Head Comments: Department Head Approval: ~ ~- Date: DEVELt?PMEN7 SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 6 0# 12 pEVELOPMENT SERVICES DEPARTMENT Mee#Ing Date September 22, 2008 Report Na. DS 2008-064 Page 7 of 12 SCHEDULE 1: Lt~CATIC3N MAP ,~,r f ,S ~ j ~~ ~ I ~yyj~ S i ! 4' E ~ ~~1 \~ 's ~~ ~'~ ~_ ~ ~'` { LA.NC3S ~~~JRRENTLY Zt7hIEQ ~~ 3 '~ti `,, ~ GEf~l~RlRl. COt~t~tERCiRL (GC) ZONE ~ 1 ~ ~i k i l t l- 1 { I ~' ~~~ f~ ~, t ~ ik~ `, 4 yn, :_::; (( x `~ ~ ~ +,\ ,i i LR[ULS PROPGSED T~ BE ZC)PJ~ta E ',, v.. _ ~ ~ FRCIM RESIdERITif~ ~iNE (R1) ~QI~IE ~ ~ i T~ GEC~ERIRL c.~~~~r~~R~.iR.~ (r~~ ~~~a~ I~~~`~,~ j ~ ' -p' '£ ~I ~ S s i-i3-- ~__~~~ ~ l~fieters ~ "~ .' t l~~ DEVELOPMENT SERVICES DEPARTMENT Meeting Da#e Sep#etnber 22, 2008 Report No. DS 2008.064 Page 8 of 12 SCHEDULE 2: SITE PLAN 2006-ZBA-11 (1500494 Ontario Inc. 2 ~'~~ r 1 /,// ~ t ~~ ~ y ,' 1~~~A ~" '~ ~-`~'~~ ~~^ / ~ ~ '~ ~ a,S' +'A ~ ~'} . ~~o- ~E a - ~ ~ a ~ I ~+t l~~' ~ .~ p~``ze ~ ~ ~ ~ ~ .~ pyi ;~. ~~ ~e 1, W ~~ J ~, ~./ _ 11 j. ~~' `G% ~~; ,_~ ~~ ~ / .i~ ~ ~" ~ ° \ x ~ '~~ ~\ 1 ~ 6~. ~M F~~~ ~ -~'' , x} p}^^~' ~~-`t ~~ ~ =`~ -' ~ Ewa ~ ~- .p ~.¢ p,,, .~~! .~- L _. ,. ~a I 4 ~~ ~~ ~~ ~ i ,~~ ;~ . ~;; ~ , ~, ~ ~ ~~ ~~~ a ~ ~ ~ t. ~ ~ ~~ ~I i .~~..'~ ~ ~ ~~ r ~ ~ ,~ ,. ~~ t ..I~ : ~~ pi ~1... ,. ~* ~ i ~ ggrails ~#Eta6 ~3 ~~~. t~0$I~~~f~d~~~~3 ~~~~~~ I it .~~ g o~ ~ `~ ;~t'i1i~$1li~~tt~r , 1~-~6~~o~t~~~5~~~~ y~ ~ ~ ~ E~E S a ~ , y ~~ty ' ~ E ~ t, .. 9 ~ F n XS y r V ,~,~ ~ ` s~ a ~° ' x ~~~~ ~ y/ a ~Jy~ k ,. ~~ 0~ L '+:C[P ~: I !1 FF ~ -. # e b 4#.PF is 2~ <~ ~ ~~1. c~ " ~ ~ ~ , ~ ~~ ~~ ~ ~a ~ ~ p t ~' ~t ~3 i i t ,i ~ ~~~ t y °~ ~ F %p ~ 'e ff {4 t f, ~ ~ ~4 ! ~pa~ S~ Mi gky ~e ~ Q h~ ~~1 iJi 9~~~t~~6'E'f i~^~5~ ,~~ 6~~~ ~ z ~[r}~ ~ j. .`~ ~g~ e ~,g ~F ~ , 1 non ~ k S! 1 5 ., ~ i~i~~i ~(`P1~5~~s~f p"E. Q 6 r f ~ E 6 ` " a € ~ ~ ~. ti _,.__ --~ -~ ~ Y ,- =' `' '~ t ~ .L ~ '"" t ,,,'~;. ~i ~ U ~ _.. r .; _- , C.~ ~ i a t 1 I{' '~ `~~~~ ~ i i ~ ~' ~ I~ ~ ~,, - " .! =~~`~~~, ~ 1l Ai~ ~ h ~ ~ ~'- 9 DEVELOPMENT' SERVIGES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 9 of 12 SCHEDULE 3: ELEVATIONS 2006-ZBA-11 (1500494 Ontario Inc.) ~ i ~ I nn L I '. ~~I~ y'. ~ffi ~ ~ F ~. r ~ ff i` ` ~l ~ I E E 2 '~t _,~ i f ` I ~~ ~ 1 { ~,~ V _ 1~ -` ~'{~ ~ ~ ~ :~ , ~ 1 ~ll I ' ~ -S lll''~,~ ~ I ~ '~r { ~ ;~, ~~ ~ ~ I ~ I } ~, ;~ ~', ~ 4 `i ' j } 4 ~I~ ~ i ~ (~ 1l I i I I ~ ~~~ ~ : j ~ ~~~ ~ I ~ 111 , r, •' ~ ~ ~ i k ~ 1 I i i ~~ ~~~ ~ II~ i'~ ~ ~ ~ 3 ~ II ~ ~ d ` ~' 1 }' ~ ~ ~ ~ - ~ J . i~~ i ~i ~~ ~ ~._ i _. ii 1 ~ ~ + , I~ ~ ~I 1 t ~ , r _* +' # 1, _t ~ ++'' i i t ~' , ~~, ' I I * ~ ~ j~ ~ J ~ j . ~ t~7? ~ ~ ~ t Y 'i 3 ~t .J ., ~_ ~w ~~1 1 1 ~i ~~} ~ I a~ a+ a a iti~f.g- ~~~ ~~ i ,,~ r.~, ,.-_ i= A ;. I . i t i~l z I If f ~ i ~i, I I t i ~ ~ ,! ~ ~-v ~'~ ;~, ~ i I ~ lti ~~ ~ ~'~ ~~ ~ .I. ~ l ~ ~ ~,il ..'.:,.L ~1, k ~__.y't.,_ __.__._~ ~~ a k .$r ~~ ~ a a `l d ~o w.,P..~,_~.K.~.... H S tte e n h o~f ~.. ~ z~ ~ - "°~~ ~~°^~~~°-__~• j ~ ~~ _ ~ST4RAGE BUILDING E976 M~FY.vOi 1'L ChO~hbrJOniR A-3.0 ~~ e . r ~ e , n e 5 . ~ . , o .. C , e . o o~-~o»< _. ~^ :I~ _ Buiidn Elevations ~s-72 ii r. =~3~u DEVELC)PMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 10 of 12 ~` SCHEDULE 4: ELEVATIONS 2006-ZBA-11 (1500494 Ontario Inc.) ~ i ~ I I I j ~~ ~~ ~ ~ i f ,,,, ~° ; ~ ~ 1 f ~~~~~ ~t 7~ ~ i-~ I~ ~: i ~ va [ i ~ ti ' i ' ~_ , i ~~ ~ - ~p?I~ G a ~ ; i ~~ ~ i~ y a ~ ~i ~ i I~~~I ~ I ~ {E~ ~ k i ~~ ~ ~ ~ ~~,, ~' ,~ ,_._;~~ ,~.~ T t' 'i + ~~ ~ if~l r I, ~ !~ `, 4 ~~, ~_ ;yi~~ f ~~ fl ~~ J Y{ 2 ~ ~ ,~ ~(pJ ~,,. ~ ~ r-._~_.__.._ ~--~ ~` ~ a ~ ~ ~ ~ ~ fi a ~ s ~ ~ ~ € ~ '~ ~ ~ ~ ..~~ ~.~.~s..~.., ~. ~w..~. S t e e n h o f - - ~, ~ <... A,~...,.~. ~_ p ~ '~~" ~ °°"~' ~J I~t i-=-!'t-~~ I STORAGE BUILDING ..7„„ g9Jb F 11. Wn5e00nb "~"'.~ A-3.1 lr,il, ~~G 9.r ~~c~• are..- ~ ~A~ ._~sa-„s. .., 14.+w x- ~ -~- B~ildin Elevations ~s-7 _. ~F; ~ xss~!sanna~x~ri i .n.. v. ~p e sp j w oue ~ ~ ~~~.o.~-.a.~.e -II~S . w~o^K o..i.~ ~ ~ DEVELOPMENT SERVICES DEPARTMENT Meeting Date September 22, 2008 Report No. DS 2008-064 Page 11 of 12 S~HEC3ULE 5: ELEVATIt~NS 2006-ZBA-11 {1500494 C?n#ariQ Inc.} _,;__- ~. ~~ e r. _.~.~ i i ;~ ~- ~ ~~ . w ~~, .~_ .~. .w, ~, r. fff~~ (Steen h o f ~ ~ ~ sty ~.,~d~., '" . :ern., .,a a„.. ice.., a..,.7 _, a+:<... .,,... • ~ MAt3 b EtC*~aflONS ~,,,~ n. _ ~ st,v-axon ~ - ._... DEVEt"OPMENT SERVICES DEPARTMENT Meeting Da#e September 22, 2448 Report No. DS 2448-464 Page 12 of 12 :.- i,i ilk cl'.. ~'~ ltJWNSH/P C1F t?R(~-MEDONTE " ~ ~- REPtJRT Report No. DS 2008-05fi To: Planning Advisory Committee Prepared By: Andria Leigh, MCIP, RPP Meeting Date: September 22, 2008 Subject: Planning Advisory Committee Motion # Mandate -Addendum to Roll #: Report D$ 2008-044 R.M.S. File #: RECOMMENDATION(S): Requires Action X~ For Information Only It is recommended to Council: 1. THAT Report No. DS 2008-056 be received and adopted; 2. THAT Council supports the direction for the Planning Advisory Committee in accordance with their current mandate to enhance their focus on the policy formulation and implementation functions, on broader planning matters, and the streamlining of the development application review process; 3. That the development application review function become the role of Council; 4. That Official Plan Amendment applications be provided to Planning Advisory Committee for their advice to Council in regard to their policy implementation function; and 5. THAT Council delegates the authority to staff to schedule statutory public meetings as required under the Planning Act for all applications. BACKGROUND: This report is an addendum to Report DS 2008-044 which was deferred by the Committee of the Whole as result of Motion 0080625.23 of June 25, 2008 and was discussed further with the Planning Advisory Committee at their August 18, 2008 meeting. Throughout the past year the Development Services Department has completed a Departmental Process Review with a focus on ways in which customer service can be improved in keeping with the 2006-2010 Council Mandate. The purpose of this report is to review these matters and provide recommendations in respect to possible improvements to the current Planning Advisory Committee process and function. The intent is to avoid duplication between Committees and Council, to streamline the development approvals process, and to enhance the planning policy DEVELOPMENT SERVICES DEPARTMENT September 22, 2008 Report No. DS 2008-056 Page 1 of 5 review and "bigger picture" planning advice function which can be provided by the Planning Advisory Committee all with the focus on improved customer service. ANALYSIS: As discussed in the previous report (DS 2008-044) the current PAC mandate, as stated in Section 1 of By-law No. 2007-004 is to: * To act aS an adVlsory body t© C{}uncil. • T4 make recommendafiions to Council with respect to planning matters. To advise Council with respecfi fio planning policy. The current mandate sees the role of the Planning Advisory Committee being to provide advice to Council on planning policy which Council may utilize along with input from others, such as, staff, outside agencies and the residents, to prepare Planning Policy. The advisory role of the Planning Advisory Committee is an important asset for Council to draw upon when Council is making the decisions on planning policy and planning matters. Clearly, the mandate of the Planning Advisory Committee is to advise Council, and it is Council's role to make decisions on planning matters and policy. This current mandate and function of the Committee is not intended to change but is intended to be enhanced through this process. The second and third bullet points speak to making recommendations with respect to planning matters and providing advice to Council on planning policy. While previous discussions have focused this specifically to the review of development applications; the mandate for the Committee is in fact more general and not specific to making recommendations on development applications. Further to the discussions at the August 18 PAC meeting, it is understood that the Committee's desire is to be more involved at the beginning of the process as it relates to policy formulation while also having the ability to see how those policies are being implemented. This would provide the Committee the ability to assume a more pro-active role and not strictly a reactionary function. On this basis, the Planning Advisory Committee function will be focused towards policy formulation and implementation and not development application review. It is intended that the Committee would provide advice to Council on planning policy, including Provincial initiatives such as the Places to Grow document, the Clean Water Act, the proposed Lake Simcoe Protection Act, the County Official Plan and the upcoming Township Official Plan review. In the short term this would involve advice regarding the County Official Plan and the Township OP review. Staff intends to rely on the Committee to continue to provide guidance and advice from a policy perspective. This is especially important given the degree of regulatory changes in recent years, as the need to review new and emerging legislation and its impact on the Township's Official Plan, will be a greater role for the Committee in the foreseeable future. The development review function will become the role of Council directly, in an effort to streamline the development application process and avoid duplication between the DEVELOPMENT SERVICES DEPARTMENT September 22, 2008 Report No. DS 2008-056 Page 2 of 5 Committee and Council functions. Council would take the direct responsibility in determining the appropriateness of Official Plan, Zoning, and Plan of Subdivision applications. All applications for Official Plan Amendments would also be provided to the Planning Advisory Committee for their advice to Council in order to fulfill their policy implementation function. . In order to continue further with the streamlining of the development review process, staff is of the opinion that public meetings could be scheduled earlier in the process to ensure all information is obtained prior to preparation of a comprehensive planning analysis report. This would eliminate the requirement for the first information report from staff which recommends the public meeting and would improve the timelines for applicants. Council would be advised of upcoming public meetings as they are scheduled in order to provide sufficient time far particular concerns or questions relating to projects which may be of concern to constituents to be discussed with staff prior to the public meeting. FINANCIAL: The. removal of the development review function of PAC would also eliminate the need for PAC members to attend statutory public meetings. As some of these meetings are held during Council meetings on the 2"~ or 4'" Wednesday evenings, there are some minor savings far per diems being paid to PAC members. POLICIESlLEGISLATION: The Planning Act, R.S.O. 1990 CONSULTATIONS: Chief Administrative Officer PAC Members ATTACHMENTS: By-law No. 2007-004 CONCLUSION: The purpose of this report was to provide recommendations related to improvements to the current Planning Advisory Committee process and function with the intent is to avoid duplication between Committees and Council, to streamline the development approvals process, and to enhance the planning policy review and advice function to be provided by the Planning Advisory Committee all with the focus on improved customer service. DEVELOPMENT SERVICES DEPARTMENT September 22, 2008 Report No. DS 2008-056 Page 3 of 5 In accordance with the current PAC mandate and in order to focus on the policy formulation and implementation functions, on broader planning matters, and to streamline the development application review process it is recommended. to Council that: 1. THAT the function of the Planning Advisory Committee to provide advice to Council on planning policy, policy formulation and implementation be enhanced; 2. That the development application review function become the role of Council; 3. That Official Plan Amendment applications be provided to Planning Advisory Committee for their advice to Council in regard to their policy implementation function; and 4. THAT Council delegates the authority to staff to schedule statutory public meetings as required under the Planning Act for all applications; Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services DEVELOPMENT SERVICES DEPARTMENT September 22, 2008 Report No. DS 2008-056 Page 4 of 5 ai ~ ~u„ TfJWlUSHIP OF ORQ-MEDC?NTE ~:.~~ ~ REPORT Report Na. To: Prepared By: DS 2flfl8-044 Committee of the Whole Gtenn White, Senior Planner, MCIP, RPP Meeting Date: Subject: Motion # July 16, 2008 Planning Advisory Committee ~ _,- `~ '~ ~ t ~.E ~ t~ Mandate -procedural options Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report Na. DS 2008-044 be received and adopted; 2. THAT Council amends the mandate of the Planning Advisory Committee, to remove the "to make recommendations to Council with respect to Planning matters." 3. THAT Council delegates the authority to staff to schedule statutory public meetings as required under the Planning Act far all development applications; 4. AND THAT the Gerk bring forward the appropriate By-law for Council's consideration. BACKGROUND: This report is brought before Committee of the Whole as result of Motion 0080625.23 of June 25, 2008. In recent months, there have been concerns raised by Planning Advisory Committee (PAC), Council, as weN as, applicants and staff regarding the current PAC operations. More specifically, some PAC agenda items have been questioned as to the relevancy and function that Council intended for the Committee. Qn a related matter, Council endorsed earlier this year Report DS 2008-025 concerning the Development Services Departmental process review. One of the main objectives of this review was to look at ways to improve customer service, which is also in keeping with the 2006-2010 Council Mandate. DEVELOPMENT SERVICES DEPARTMENT July 16, 2008 Report Na. DS 2008-044 Page 1 of 4 The purpose of this report is to review these matters and provide Council with recommendations in respect of possible improvements to the current Planning Advisory Committee process and function. ANALYSIS: Attached to this report as Appendix 1 is the current PAC mandate, which contains three major directives as articulated in Section 1 of By-law No. 2447-444: • To act as an advisory body to Council, • To make recommendations to Council with respect to planning matters. • To advise Council with respect to planning policy. Presently, the Planning Advisory Committee is an advisory body to Council related to planning matters and planning policy. Planning Advisory Committee can give advice to Council on planning policy which Council may utilize along with input from others, such as, staff, outside agencies and the residents, to make Planning Policy. The advisory role of the Planning Advisory Committee can be an important asset for Council to draw upon when Council is making the decisions on planning policy and planning matters. Clearly, the mandate of the Planning Advisory Committee is to advise Council, and it is Council's role to make decisions on planning matters and planning policy. The second bullet point speaks to making recommendations with respect to planning matters. It is staff's view that this captures .reviewing development applications including plans of subdivision and Official PIanlZoning By-law Amendments. There has been same concern expressed with regard to this being a reactionary function rather than apro-active role. The third bullet relates to planning policy, which would include broader areas of study, including Provincial initiatives such as the Places to Grow document, the Clean Water Act, the proposed Lake Simcoe Act, all of which relate to amendments via conformity exercises to the Township's Official Plan. Other policy related examples would include such items as the Oro Moraine Study which formed part of the 2443 Official Plan review. Staff believe that there is merit for the Committee to continue to provide guidance and advice on the policy perspective. This is especially important given the degree of regulatory changes in recent years, as the need to review new and emerging legislation and its impact on the Township's Official Plan, will be a greater role in the foreseeable future. The development review function as outlined in the second bullet can be mare readily dealt with by CounciltCOW directly, which would be more expeditious from a timing perspective given the agenda space available with four meeting cycles per month as opposed to a singular monthly meeting. Therefore, Council would take the direct responsibility and consideration regarding the development review function far planning applications. Presently, some applications are dealt with by PAC and the Committee of DEVELOPMENT SERVICES DEPARTMENT July 16, 2008 Report No. DS 2008-044 Page 2 of 4 Adjustment (i.e. lot severances as a result of Official Plan Amendment applications}. The removal of the development review function by PAC would eliminate the need for PAC to determine the appropriateness of these applications to amend the Official Plan and/ar Zoning By-law related to severances which will be considered by the Committee of Adjustment. This would remove the need for two committees dealing with the appropriateness of the severance. Council would deal directly with the appropriateness of the Official Plan and Zoning Amendment applications. In addition, staff feels that there is merit in terms of improving timelines to applicants regarding the current reporting structure. At present, there are generally two planning reports that are prepared; the first one is a general overview that outlines the proposal and usually recommends proceeding to a statutory public meeting. After the public meeting, a recommendation report is prepared which provides a more in-depth analysis. Many municipalities direct that the Planning Department automatically schedule a public meeting which removes the need for the preliminary planning report and associated timelines. Council can be made aware of upcoming public meetings via internal mail circulation packages, which can be discussed with staff if there are particular concerns or questions relating to projects which may be of cancers to constituents. Staff conducted a review of nine surrounding municipalities to determine if any have a similar Planning Advisory Committee structure. Three municipalities have a Planning/Development Committee, but none of these municipalities have public members appointed to their committees. FINANGIAt_. If approved by Council, the removal of the development review function of PAC would also eliminate the need for PAC members to attend statutory public meetings. As same of these meetings are held during Council meetings on the 2"~ ar 4~" Wednesday evenings, there are some minor savings for per diems being paid to PAC members. POLICIES/LEGISLATION: fhe Planning Act, R.S.O. 1990 CONSULTATIONS: Chief Administrative Officer Senior Planner Other municipalities ATTAG N M E NTS: By-law No. 2007-004 CONCLUSION: It is recommended that Council consider amendments to the By-law in respect to the Planning Advisory Committee in order to refine their role and improve the operational DEVELOPMENT SERVICES DEPARTMENT July 16, 204$ Report No. DS 2008-044 Page 3 of 4 efficiency of the Planning division in respect of processing times related to development applications. Respectfully submitted: - - f Glenn White, MCIP, RPP Senior Planner w. SMT Approval 1 Comments: C.A.Q. Approval t Comments: DEVELOPMENT SERVICES DEPARTMENT Report No. DS 2448-044 July 16, 2448 Page 4 of 4 s. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDOtNTE BY-LAW NO.2447-4014 A By-taw to Appalnt a Planning Advisory Cammittae And to Repeal ey-law Nas. 2441-049 and 2444.436 WHEREAS Sectinn 8, subsection 1 of the Planning Act R.S.O. 1990, Chapter P.13, as amended, pravicics that the Council of a municipality may appoint a Planning Advisory Committee composed of such persons as the Council may determine; AND WHEREAS CauncN deems it expedient to do so; NOW THEREFORE the Council of the Township of Ora•Medonte hereby enacts as follows: t . That the mandate of the Oro-Medonte Planning Advisory Committee ts: Ta act as an advisory body to Council. To make recommendations to Council with respect to planning matters. To advise Council with respect to planning policy. 2. That five (5} members of the public shall be appointed as members of the Ora-Medonte E~lanning Advisory Committee for the term of the Council that appointed them ar unfit their successors are appointed. Where a member ceases to be a member before the expiration of his or her term, Cauncit may appoint another eligible person far the unexpired portion of the term. 3. That the Mayor and alt members of Council shalt be non-voting members of the Ora- Medonte Planning Advisory Committee. 4. That persons appointed to the Oro-Medonte Planning Advisory Committee shall be paid such remuneration and expenses as Council provides. 5. That Sy-faw Nos. 2001-009 and 2004-036 are hereby repealed in their entirety. 6. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 147H DAY OF JANUARY, 2447. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24T" DAY OF JANUARY, 2047. THE CO ORATION OF THE TOWNSHIP OF ORO-MEDONTE ayar, .Hug s -a s,-~~:~r~ ...~ CI , J. Daug~a~ Irwin i1 e'pF ORp.~,`~ 3t ~__, _ -~~ ~~,~~~ ,n-.. ~~ TOWNSHIP OF C?RQ-MEDf.?NTE REPORT Report No. DS 2008-068 To: Planning Advisory Committee Prepared By: Andria Leigh, Director of Develo ment Services Meeting Date:. September 22 2008 Subject: County Official Plan Review Update Motion # , Roll #: R.M.S. File RECOMMENDATION(S): Requires Action For Information Only X It is recommended that Report DS 2008-068 Re: County Official Plan Review be received. BACKGROUND: At the last meeting of the Planning Committee on August 18, a verbal update was provided in regards to the process and timing for the County Official Plan Update and copies of correspondence provided to the County related to Township applications were received. This report provides a follow up status update to the Committee as a result of subsequent meetings with County staff. ANALYSIS: Since the August 18 meeting of the Committee a meeting has occurred with County staff to review the Township's comments on the County OP document to date. In addition the County hosted a public information session on September 12 with all municipal planning departments to update them on the County revision process to date. At the initial meeting County staff reviewed and revised the settlement designation boundaries for all settlements areas in the Township. The County staff have clarified that aN lands which are designated for development within settlement boundaries will be designated in the County Plan in a Settlement designation and will not be subject to any Greenlands designation or overlay which is intended to reflect previous commitments on these lands for settlement development. The County has also advised that they would support wording on the County OP in the farm of the exception identified in the August 11 Aird and Berlin letter related to the future settlement boundary delineation for Craighurst subsequent to the completion of DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. 2008-068 Page 1 of 3 the Secondary Plan by the Township. An updated timeline for the completion of the Craighurst Secondary Plan was provided to Council on September 17 with an anticipated completion date of March 2009. Should the County Plan not be in force and effect at that time a modification to the Plan to include the adopted boundary for Craighurst could be considered. There are a number of properties located along Highway 11 which are designa#ed in the Township Official Plan for Industrial or Commercial development. County staff has advised that these are pre-existing designations in the Township Plan which can continue to develop for these purposes. Any new such designations being considered by the Township would be required to be considered in the context of the new County Official Plan and applicable Provincial policies. During the Township's Official Plan Review further discussion of this will be required with the Committee. The Edgar Special Policy Area is designated in the Township's Official Plan and County staff has advised that a Special Development Area will be identified on these lands to recognize the permissions provided in the Township's Of#icial Plan for the re- development of these lands. County staff has also confirmed that the Oro Centre and Airport lands will also be identified in the County Plan in Special Development Area designations to reflect their development potential as identified currently in the Township Plan. In discussions with County staff, they have advised that their updated timeline is to proceed to the County's Corporate Services Committee with an amended County Official Plan on November 12 and subsequently to County Council on November 25. They have also advised that an additional public information session for viewing of the amended County Plan is proposed, however a date for this has not been indicated. A further update will be provided to the Committee at their October 28 meeting at which time it is anticipated that an update draft County Plan document will be available. CONSULTATIONS: '', County of Simcoe CONCLUSION: The revisions proposed to the County Official Plan document as discussed at meetings with Township and County staff are consistent with the requests of the Township submission letter of August 11, 2008 prepared by Aird and Berlis. Township staff will continue to monitor the County Official Plan Review process and update the Committee accordingly. DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. 2008-068 Page 2 of 3 Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services tea. .a C.A.tJ. Comments: C.A.O. Approval: Date: DEVELOPMENT SERVICES DEPARTMENT Meeting Date: September 22, 2008 Report No. 2008-068 Page 3 of 3 ~, Oro-Medonte Council established a Working Group (not a committee) to enhance communications regarding Craighurst. All four residents of Craighurst who agreed to be included plus the Ward Councillor and the Mayor were officially designated when the membership was revised. It was expected that staff, as determined by the elected members, would act as a resource to the working group. At the first meeting Philip Calton agreed to be chair and Lynette Mader agreed to act as recording secretary. Through a secondary source, some members of council received a copy of the email sent out on August 12, 20Q8. As shown in the circulation, the email was not circulated to all members of the Working Group for verification andlor comment before being selectively circulated. Council representatives an the working group were unable to access the attached forms from the email that was forwarded. While it does not appear that this email was intended to be sent out as part of the official capacity of the Working Group's recording secretary, there is no disclaimer, and keeping residents updated is part of the Working Group's function. Consequently, consideration needs to be made to correct facts that are not accurate and to provide additional information to better assist with interpretation. The information provided below is intended far clarification and respond to specific statements highlighted below in the August 12th e-mail. ----- Original Message From - ~ '~~~~: To: ==- Y ; ~nnr~~p~,,~r+ ,:~~bridri~.c:om ; ~ _ ~:, ~,_~_~~ , ?sagooa, "ila~_ fyn iC;a,:1t~F~- _~~~` ; .'~'` - - _~, cc.ca ; ~.;am Bosn,~n' ; 'Tor. ~c;~r~~ ,~ ::~:re~i bovr~r;' ; '',.ind:~ E~buiic` ~~m .~ ~~ ~!eciarkeC symuatico.ca ; 'aiian baker' ; '® 't & Jim` ; enviroscages~beilnet.ca ; ' "" ~ ~oriiliapronet.com Sent: Tuesday, August 12, 2008 2:38 PM Subject: Craighurst Secondary Plan update In the interest of keeping people up to date on what's happening with the Craighurst development proposal, I've typed up the following update. Please pass along to others that may be interested. 1've used some people's work emails, so pls don't use the reply-all if you want to respond or have any questions as some work places have strict email policies. (My work is pretty easy-going and just asks that we use company email and web access during breaks or after hours.) May 26 -the PAC voted to defer any decisions around the secondary plan to the next meeting because they had some questions and because they had been given the information to review on the Friday before a Monday meeting. The Mayor assumed an eventual vote in favour of full municipal services and directed the planner thick) to proceed anyway. RESPONSE: The engineering company and the outside consultant were paid for their attendance at a meeting of PAC to present information, receive input, and answer questions. ~~ -a Timina of Providing Information Prior to the PAC Meetin The three day time period is the standard length of time that members of Cauncil have fo consider information. In this instance, the report that had been sent fo members of PAC three days before the meeting was also presented by the engineering company at the PAC meeting. The Procedural By-Law does not permit the debating of a motion to defer. The timing of the passing of the motion to defer resulted in the consultant, who had been identified on the agenda to present his report from being able to do so. Without the Mayor's intervention, PAC would not have heard information necessary to making an informed recommendation. Having the consultant come to a subsequent meeting with the associated costs of paying his fees would be difficult to justify. ~ "assuming" and "directing" Direction to proceed with the Secondary Plan was already established by Council and in the Official Plan. A majority vote of a meeting of Council would be required to change that direction. (Councillors do not vote at PAC Meetings). The request that was made by the consultant was related to whether current Provincial Policies relating to full services should be utilized. Asking PAC to state or clarify its' position on this matter should not be interpreted as assuming and directing. June 23 -the PAC voted 3 to 2 AGAINST proceeding with the secondary plan in principal on the basis of full municipal services. They felt a number of questions needed to be answered regarding the boundary expansion, lack of conformity to the OP and expressed concern that a development application is driving the secondary plan process. Thev have also expressed concern that their recommendations are not being considered. RESPONSE: The Planning Advisory Committee's (PACJ advice is one of the sources of information considered by Council. When making decisions, Council considers information from all sources. If should be expected that the way an individual votes is based on the information at hand. PAC did not have the same information as Council. PAC is, and has been, provided with explanations when Council does not follow its' Committee's recommendations. June 25th -Council voted 6 to 1 to defeat the PAC vote and continue with the secondary plan. They then voted to establish a committee through which residents could provide input into the planning process. RESPONSE; The information that Council considered in regards to the PAC recommendation included the commitment that was made to residents of Craighurst fo keep the community informed and engaged in the process. An important consideration of the members of Council was the possibility of jeopardizing the ability to fulfill this commitment. The unanimous vote of Council to establish a workincLgroup, the short length of time to establish this working group and the short time line attempt to have this working group meet speaks to this commitment. July 7th -Council held an open house at the hall to update residents and allow them to volunteer for the committee. Council said that they are proceeding with the secondary plan/proposed development because they're concerned about being taken to an OMB. Thev would not say who the original applicant is (any applications post 2005 can't be taken to the OMB or who the new applicant is. I think some folks are looking into this. Vic: -3 RESPONSE: The context of the statement regarding an OMB referral addressed the potential restrictions for public involvement in the planning process. The tape of Phis meeting verifies that the individual who asked for the name of the applicant and the date of the application was fold the date and directed to telephone the Township Planner. When the individual telephoned the next day the name of the applicant was provided. Freedom of Information and Protection of Privacy Legislation could prevent some information being released and time was needed to ensure compliance. The information that was not provided related to questions outside of the boundaries of Oro- Medonte. One individual, seemingly unaware that Hillsdale is not in Oro-Medonte, asked for information about Hillsdale. Requested information regarding the Big Bay Point Development was not addressed, as Township officials do not comment on issues before the courts. "any applications post 2005 can't be taken to the OMB" RESPONSE; This information is not factual. There are specific Provincial policies related to OMB appeals. Governments do not obtain and share legal opinions for residents. The reasons are self- evident. July 26 -Meeting with Floyd Sinton Betty Vietch, Jenny Cooper, Doug Tellich (sp?), Dave and I, along with Betty's sister, met with Floyd over at Betty's house a couple of Saturdays ago. Floyd was good to come out and it was helpful to hear his points of view: - he expressed concern over liability on his property. He put up no trespassing signs but someone took them down. He had also put up signs to request that people not build bridges in the stream, but someone took that down too...and then proceeded to build a bridge. Dave and I can attest to the fact that there has been an increase in dirt bikes, ATV's and snowmobiles over the past few years. As well, we have noted that kids are partying, drinking and building campfires over by the creek toward Horseshoe Valley Road. - we saw a booklet by Geranium Corp -they have taken photos of historic houses and buildings and have sketched some designs to emulate the style of the village. In the booklet there was a map and on the map, more of the forest is protected than what we see in the engineering map that the township gave us. We are frustrated that the Township keeps bringing out that same engineering map that they know is an unlikely concept. RESPONSE; - One of the main functions of the Working Group is fo assist in commenting on conceptual "maps" for consideration. Jt has been clearly stated that the "map" referenced was the starting point in the process and not the final design. - Floyd says that the stretch along hwy 93 between the cemetery and the pond house won't be touched back to the creek. He also said that there would be no bridges across the creek. ~~_y - he reminded us that the province is dictating lot size and full services. He would prefer bigger lots and septic systems himself but that isn't an option. - as far as how much say he has in the development, he says he has about as much say as any of the residents. July 30 - 1st Meeting of the Craighurst volunteer committee - Mayor Hughes had sent out an email confirming that Phillip Caston, Betty Veitch and I had volunteered to be on the committee and that another person, Jenn from Loobies, had also volunteered. He suggested that Jenn replace Larry Tupling on the committee. RESPONSE: Changes in the working group membership were in response to feedback from the July 7U' open house. Objections were presented regarding PAC representation and a request was made to increase the number of Craighurst residents. All members of the Craighurst who indicated an interest in serving on the working group were included and PAC representation was removed. The decision to revise the membership was made by a vote of Council. - Harry tried to have a meeting July 23, but Phillip was on vacation and Betty and I agreed to wait for him so we met on July 30. We left a message for Jenn from Loobies but she did not come. The minutes of that meeting are attached here. - all of the members of this committee feel that given the new provincial rules, which are very strongly reflected in the County plan, development is no longer appropriate for Craighurst regardless of its designation as a settlement area. RESPONSE; It was only upon receiving a copy of this email through a secondary source that the two Counci! members of the working group were made aware of this position. This statement does not reflect the positions of the elected members and does not appear to reflect the actions of those members of the working group that continue to meet. August 13: the attached letter is going forward to the County to request they amend their draft OP to reflect the expanded boundary area. There does not seem to be a record that this letter has been approved by Oro-Medonte Council -this seems unorthodox. It may come up at the CofW meeting tomorrow night but apparently the new (and former) township planner, Andria Leigh, is making a deputation to the County Council tomorrow. It most certainly has not come before the PAC. RESPONSE' The County's Growth Plan that includes revisions to the County Official Plan has been an established agenda item at PAC meetings. Discussion regarding the need for input from Oro- Medonte to the County Official Plan has taken place at PAC meeting on numerous occasions. The deputation to the County's Public meeting was a continuation of the direction that Council provided to staff. The Timing of the County's Public Meeting did not coincide with Oro-Medonte's summer recess scheduling of meetings. However, al! members of Council received a copy of the proposed letter prior to it being finalized with the opportunity for input. Some changes based on input from elected officials were made. It is standard procedure for staff to proceed with the direction of Council. ~4-5 In this instance, all members of Cauncil were provided a copy in advance. There is also a safe guard provision the permits members of Council to initiate a special meeting. Most, if not all, municipalities throughout Simcoe County provided written correspondence and/or deputations to the County Official Plan. Some key things to note: -PAC has asked the Township to produce documents that indicate that the expanded boundary was historically approved by Council. To date, all that has been produced, and all that is referenced in this letter is a 2001 letter from the Conservation Authority that has a hand drawn line on a map. This letter predates Walkerton and all the subsequent watershed protection measure that CA's have since enhanced. RESPONSE: Numerous explanations have seemingly failed to alter incorrect interpretations of the Craighurst boundaries. Recommendations for amending the settlement boundaries are part of the Secondary Study process. A study area boundary was identified on the conceptual plan for Craighurst. The Secondary Study has NOT been completed consequently the matter of approving changes to the settlement boundaries of Craighurst has yet to be finalized by Council. Numerous residents and Councillor Aanew have requested that the Township indicate who the original applicant is versus who the current applicant is, in order to ascertain whether the developer can indeed take the Township to the OMB. (If the application is post 2005, they cannot. The township has not provided any answers to this. RESPONSE: The Township has clearly stated that there is only one applicant and that the application was received prior to 2005. The statement regarding the OMB is not facfual. The County Plan which was submitted to the Province already shows that Craighurst Boundary area is existing settlement boundary (dotted yellow line). The plan is apparently still a draft and the County will take comments up until mid September. RESPONSE: This is not an anomaly for Craighurst. There are a number of municipalities where settlement boundary changes are being contemplated throughout the County. Added Note: At the July 7`h, open house it was presented that the property owner was clearing trees on the potential development lands for the purpose of development. It was later learned that the tree cutting being referred to was done at the request of the abutting property owner. Floyd Sinton was requested by the abutting property owner to cut a large dead pine tree that was perceived to have the potential of doing property damage if it fell.