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10 27 2008 PAC AgendaTOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MEETING AGENDA COUNCIL CHAMBERS Date: Monday, October 27, 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 -September 22, 2008. 5. DEPUTATIONS: None. 6. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendment to the Zoning By-Law, 2008-ZBA-10, 2008- OPA-02, Lot 1, Concession 5 (Oro), Township of Oro-Medonte, South Side of Horseshoe Valley Road and West of Line 4 (1198677 Ontario Ltd.). b) 7:10 p.m. Proposed Amendment to the Zoning By-Law, 2007-ZBA-03, 2007-SUB- 001, Part of the West Malf of Lot 21, Concession 14 (Oro), Township of Oro-Medonte, South Side of Lakeshore Road East between the 13t and 14t" Lines (Stonehedge Holdings Inc.). 7. PLANNING APPLICATIONS: a) Report No. DS 2008-72, Andria Leigh, Director of Development Services, re: Proposed Amendment to the Zoning By-Law, 2008-ZBA-08, Line 9 South, Concession 10, Part of Lot 24 (flro), Township of Oro-Medonte, (RDR Marine). b) Report No. DS 2008-71, Glenn White, Manager, Planning Services, re: Proposed Amendment to the Zoning By-law, 2008-ZBA-08, Joe Jolie, Mount Saint Louis Road West, Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte. 8. CORRESPONDENCE AND COMMUNICATION: None. 9. OTHER RUMNESS / EDUCATICJN. a~ Tom Kurtz, re: Source Water Protection Committee Update. b) Andria Leigh, re: County QP status update. 1Q. AdJOURNMENT _.., , , _ ~ ~ ' r W. TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES 2pp6-2p1 p TERM September 22, 20p$, 7:p4 p,m. Council Chambers Present: Council Representatives Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Terry Allison Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Public Representatives Linda Babulic Roy Hastings Mary O'Farrell-Bowers Larry Tupling Tam Kurtz Staff Present: Andria Leigh, Director of Development Services; Glenn White, Senior Planner; Steve Farquharson, Intermediate Planner; Janette Teeter, Deputy Clerk Also Present: Dennis Aiken, Adriana Steyn-Curylo, Hans Meyer, Ray & Denise Lee, Raymond Rankine, Rita Cameron, Amanda Tobin, AI Sinclair, Bill Shaw, Donna Shaw, Kris Menzies 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. PACp8p922-1 Maned by Linda Babulic, Seconded by Mary O'Farrell-Bowers It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, September 22, 2008 be received and adopted as amended to: 1) correct Item 7c), Report No. DS 2008-63, Andria Leigh's name to Glenn White's name, and 2) withdraw Item 9a), Tom Kurtz, re: Source Water Protection Committee Update. Carried. '~ 3. DISCI.t?SURE ©F PECUNIARY INTEREST AND THE GENERAL NATURE THEREtJF: - "IN ACCt3RDANCE WITH THE ACT" Cauncillar Allisan declared a conflict of interest an Item 7d}, Report No. DS 2008-64, 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 as he is a commercial tenant of the property. Cauncillar Allisan left the table, maned to the audience and did not participate in any discussion or vote on this item. 4. MINUTES QF PREVIQUS MEETING -August 18, 2008. Motion No. PAC080922-2 Moved by Linda Babulic, Seconded by Mary O'Farrell-Bowers It is recommended that the minutes of the Planning Advisory Committee Meeting held on August 18, 2008 be received and adapted. Carried. 5. DEPUTATIONS: None. 6. PUBLIC MEETINGS: a} Proposed Amendment to the Zoning By-Law, 2008-ZBA-08, Line 9 South, Concession 10, Part of Lot 24 {Ora), Township of Ora-Medante, (RDR Marine). deputy Mayor Ralph Hough called the public meeting to order at 7:06 p.m. and explained the public meeting has been called under the authority of the Planning Act, Section 34, R.S.Q. 1990 c.P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By-law, Application 2007-ZRA-08 {RDR Marine}, Part of Lot 24, Concession 10, municipally known as 551 Line 9 South, {formerly within the Township of Oro}, Township of Oro-Medante. Notice of the Public Meeting was mailed to landowners within 120m (400 feet} of the specified site on August 29, 2008 and posted on a sign on the subject property on the same date. The following correspondence was received at the meeting: None. Planning Advisory Committee Meeting f. PUBLIC MEETINGS: (Cont'd} Glenn White, Senior Planner, explained the purpose and effect of the propased amendment The following public members offered verbal comments with respect to the proposed amendment: Rita Cameron, AI Sinclair, Raymond Rankine, Denise Lee. The Deputy Mayor advised that written submissions will be received at the Tawnship offices until October 6, 2008. Na additional deputations to Council will be permitted with respect to the proposed amendment. A digital retarding of the meeting is available far review at the Tawnship Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 7:25 p.m. 7. PLANNING APPLICATIONS: a) Report Na. DS 2008-57, Andria Leigh, Director of Development Services, re: propased Official Plan and Zoning By-Law Amendment Applitatians 2008-OPA-02 and 2008-ZBA-06, Ossom Enterprises Int., 2976 Highway 11, Part of Lot 20, Concession 7, {Oro), Tawnship of Ora-Medonte. Motion No. PAC08Cl922-3 Moved by Larry Tupling, Seconded by Roy Hastings It is recommended that 1. Report No. DS 2008-057, Andria Leigh, Director of Development Services, Re: Official Plan and Zoning By-law Amendment Applications 2008-OPA-01 and 2008- ZBA-06, 1698165 Ontario Inc. (Ossom Enterprises Int.), Part of Lat 20, Concession 7, (Oro), Township of Ora-Medonte, be received and adopted. 2. That it is recommended to Council that Official Plan and Zoning By-law Amendment Applitatians 2008-OPA-01 and 2008-ZBA-06, Part of Lat 20, Concession 7, (Oro}, Township of Oro-Medonte that would serve to redesignate the subject lands from "Highway 11 Special Polity Area" to "Commercial" an 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. Carried. Planning Advisory Committee 1,leeting b} Report Na. 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 Haldings Inc., 2553 Lakeshore Road East, West Part of Lot 21, Concession 14 (Ora}, Township of Ora-Medonte. Motion No. PAC080922-4 Moved by Ray Hastings, Seconded by Larry Tupling It is recommended that 1. Report DS 2008-062, Andria Leigh, Director of Development Services, Re: Plan of Subdivision and Zoning By-law Amendment far Stanehedge Haldings Inc., West Part of Lat 21, Concession 14 (Ora}, Township of Ora-Medante, be received and adapted. 2. And Further That it is recommended to Council that Plan of Subdivision Application 2007-SUB-01 and Zoning By-law Amendment Application 200-ZBA-03, Stanehedge Holdings Inc., West Part of Lat 21, Concession 14 (Ora}, Township of flro-Medante, proceed to a Statutory Public Meeting in accordance with the provisions of the Planning Act. Carried. c} Report Na. DS 2008-63, Glenn White, Senior Planner, re: Proposed Plan of Subdivision and Zoning By-Law Amendment Applications 2006-SUB-02 and 2006- ZBA-04, Jim and Kimberley Drury, 1099 Oid Barrie Road West, West Part of Lat 11, Concession 5, (Ora), Township of Oro-Medante. Motion No. PAC08t}922-5 Moved by Larry Tupling, Seconded by Ray Hastings It is recommended that 1. Report DS 2008-063, Glenn White, Senior Planner, re: Draft Plan of Subdivision and Zoning By-law Amendment Applications 2006-SUB-02 and 2006-ZBA-04 far Jim and Kimberley Drury, West Part of Lot 11, Concession 5, (Oro}, Township of Oro-Medante, be received and adapted. 2. That it is recamrnended to Council that Zoning By-law Amendment Application 2006- ZBA-04, West Part of Lot 11, Concession 5, (Oro}, Township of Ora-Medante that would rezone lands from the AgriculturalJRural (A1RU} Zone to the Residential One (R1}Zane an 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 Report DS 2008-063 be granted. 5. And Further That cash-in-lieu of parkland as part of the subdivision approval process be accepted. Carried. °ianninq Advisor, Committee t/teetina d} Report No. DS 2008-64, 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 Oro-Medonte. Councillor Allison declared a conflict of interest on Item 7d}, Report No. DS 2008-64, 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 as he is a commercial tenant of the property. Councillor Allison left the table, moved to the audience and did not participate in any discussion or vote on this item. The Committee consented to allow Hans Meyer to provide comments on this item. Motion No. PAC080922-6 {Amendment} Moved by Roy Hastings, Seconded by Larry Tupling It is recommended that the motion with respect to Report No. DS 2008-64, Glenn White, Senior Planner, re: Proposed Zoning By-law Amendment Application 2006-ZBA-11, 1500494 Ontario Ltd. {Hans Meyer} be amended to add after subject lands, "however the applicant be provided, in accordance with Section 5.3 -Accessory Outdoor Storage, the ability to store his commercial equipment on site." Carried. Motion No. PAC080922-7 Moved by Roy Hastings, Seconded by Larry Tupling It is recommended that 1. Report No. DS 2008-064, Glenn White, Senior Planner, re: Zoning By-law Amendment 2006-ZBA-11 {1500494 Ontario Inc. -Hans Meyer} South Part of Lot 1, Concession 1, 8976 Highway 12 be received and adopted. 2, And Further that it is recommended to Council that Zoning By-law Amendment Application 2006-ZBA-11, South Part of Lot 1, Concession 1 {Orillia}, 8976 Highway 12, Township of Oro-Medonte to be approved, as proposed, with the exception that the requested contractor's yard not be a permitted use on the subject lands, however the applicant be provided, in accordance with Section 5.3 -Accessory Outdoor Storage, the ability to store his commercial equipment on site. Carried As Amended. Punning Advisor,+ Committee Meeting 4~ e) Report No. DS 2008-56, Andria Leigh, Director of Development Services, re: Planning Advisory Committee Mandate. Motion No. PACU80922-8 (Amendment Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the motion with respect to Report No. DS 2008-56, Andria Leigh, Director of Development Services, re: Planning Advisory Committee Mandate be amended to: "be received"; And Further That Item #4 which reads, "That the development application review function become the role of Council" be deleted in its entirety. Carried. Motion No. PAC484922-9 Moved by Larry Tupling, Seconded by Roy Hastings It is recommended that 1. Report No. DS 2008-044, Glenn White, Senior Planner re: Planning Advisory Committee Mandate -procedural options be received. 2. That Report No. DS 2008-056, Andria Leigh, Director of Development Services, re: Planning Advisory Committee Mandate be received. 3. That it is recommended to Council to support 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. 4. That Official Plan Amendment applications be provided to Planning Advisory Committee for their advice to Council in regard to their policy implementation function. 5. And Further That Council delegates the authority to staff to schedule statutory public meetings as required under the Planning Act for all applications. Carried As Amended. Planning Advisory Committee P~eetinq x f) Report Na. DS 2088-65, Andria Leigh, Directar of Development Services, re: County Official Plan Review (to be distributed at meeting). Report No. DS 2008-68 was distributed to the Committee. Motion No. PACO$0922-1 Q Moved by Mary Q'Farrell-Bowers, Seconded by Linda Babulic It is recommended that Report No. DS 2008-068, Andria Leigh, Directar of Development Services, re: County Official Plan Review Update be received. Carried. 8. CORRESPONDENCE AND COMMUNICATION: a) Andria Leigh, Directar of Development Services, re: Craighurst Secondary Plan Response. Motion No. PAC080922-11 Moved by Linda Babulic, Seconded by Mary O'Farrell-Bowers It is recommended that we do now go In-Camera at 9:19 p.m. to discuss a LegaU Personal Matter. Carried. Motion No. PAC080922-12 Maned by Linda Babulic, Seconded by Roy Hastings It is recommended that we do now Rise and Report from In-Camera at 9:32 p.m. Carried. Motion No. PAC080922-13 Maned by Linda Babulic, Seconded by Mary O'Farrell-Bowers It is recommended that the correspondence and verbal information presented by Andria Leigh, Directar of Development Services, re: Craighurst Secondary Plan Response be received. Carried. Planning Advisory Committee Meeting Motion No. PACO$Cf922-14 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the confidential verbal information presented by Mayor N.S. Hughes, re: LegallPersanal Matter (Craighurst Secondary Plan Response} be received. Carried. 9. OTHER BUSINESS 1 EDUCATION. a) Tom Kurtz, re: Source Water Protection Committee Update. This item was withdrawn. 10. ADJOURNMENT Motion No. PAC480922-15 Maned by Mary O'Farrell-Bowers, Seconded by Linda Babulic It is recommended that we do now adjourn at 9:35 p.m. Carried. Chair, Deputy Mayor Ralph Hough Director of Development Services, Andria Leigh ~ianninq Advisory Committee P~teetina ~ 01 (lpU ~ ,; TC?'11VtVSHIP OF C7RfJ-MEDQIVTE ~~...,. ~~~ '= REPt~RT r' Report No. To: Planning Advisory Prepared By: DS 2008-072 Committee Andria Leigh, Director of Develo ment Services Meeting Date: Subject: Proposed Zoning By- Motion # October 27, 2008 law Amendment Application . RDR Marine 200?-ZBA-08 Roll #: , Systems, 551 line 9 South, R.M.S. File #: D14 37397 010-010-01300 Part of lot 24, Concession 10 (Oro}, Township of Oro- Medonte RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2008-072 be received and adopted; and 2. THAT Zoning By-law Amendment Application 2007-ZBA-08 far RDR Marine Systems, 551 Line 9 South, Part of Lot 24, Concession 10 (Oro), Township of Oro- Medonte on Schedule A5 of Zoning By-law 97-95, as amended, from the AgriculturallRural (AlRU) Zone to the AgriculturallRural Exception (A/RU*) Zone be approved; and 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration. BACKGROUND: The purpose of this report is to consider proposed amendment to the Township's Zoning By-law regarding the above noted property, and make recommendations to Planning Advisory Committee as to the disposition of the matter. The lands affected are located south of the Ridge Road an the east side of Line 9 South being part of Lot 24, Concession 10 and municipally known as 551 Line 9 South as noted in Rttachment #1 of this report. A public meeting was held on September 22, 2008 to receive comments from members of the public and relevant agencies. The application was circulated to internal Township Departments and outside agencies, and no concerns were raised. Public comments were received verbally at the meeting and subsequent in writing from one neighbour in regards to the environment, traffic and noise, and outdoor storage matters. Letters of no objection to the proposed use were also submitted with the application in 2007 from BUILDING AND PANNING DEPARTMENT October 27, 2008 Report No. DS 2008-072 Page 1 of 6 the immediate landowners at 521, 625, 641, and 504 Line 9 South. As a home industry, the property will be subject to Site Plan Control in order to ensure that signage, outdoor storage, parking, etc. are addressed and can be enforced. ANALYSIS: The applicant proposes to operate a home industry on the subject lands which is located on the east side of Line 9 South immediately south of the Oro-Medonte Rail Trail. The property has 300 metres of frontage on Line 9 South with a depth of 612 metres and a lot area of 24.3 hectares. The proposed home industry will conduct dock and boat lift sales and maintenance. The applicant has indicated that the primary function of the business will be the installation and maintenance of docks at the customer's residence as well as minor repairs of dock facilities to take place within two proposed detached structures to the rear of the applicant's lands. The proposed structures are proposed to have a floor area of 600 square metres each and are to be located approximately 317 metres away from Line 9 south and 30 metres south of the Oro-Medonte Rail Trail. A large portion of the property is covered by forest. The proposed buildings are to be located at the rear of the property in an existing cleared area away from view by the traveling public on Line 9 South. The Zoning By-law Amendment Application proposes to amend the zoning of the subject parcel from AgriculturallRural (A/RU) Zane to an AgriculturallRural exception (A/RU*) Zone to permit the home industry. The lands will be subject to a holding provision which is not intended to be removed until the approval and execution of a Site Plan Agreement. FINANCIAL: Not applicable. PO<_ICIES/LEGISLATION: Township of Ora-Medonte Official Plan: The subject lands are designated "Rural" by the Township of Oro-Medonte Official Plan. The Rural designation permits "Home Industries" subject to Section C1.3.3 of the Official Plan. C1.3.3 Home Industries Home industries are small-scale industrial uses that are accessory to agricultural operations or single detached dwellings on large rural lots. These uses should not detract from the primary use of the property for agricultural or residential purposes. BUILDING AND PLANNING DEPARTMENT October 27, 2008 Report No. DS 2008-072 Page 2 of 6 Home industries may include welding, carpentry, or machine shops, ar agriculturally related uses that involve the processing of regionally produced agricultural crops or other products. The accessory retail sales of products produced in the home industry is also permitted. The repair, storage, or sale of motor vehicles is not considered to be a ~~-~~- home industry. Home industries may be permitted, subject to re-zoning, provided Council is satisfied that: a) The building housing the hams industry is located within the existing farm- building cluster, if located on a farm property; This is not applicable. b) The home industry has a floor area that is consistent with the scale of uses on the property; The proposed storage building will contain an approximate floor area of 5000 square feet on a property which is a total of 60 acres in size. c) The home industry and any activity area associated with the home industry is setback from al/ lot lines by at feast 30 metres; The Agricultural/Rural zone requires a home industry to be a minimum of 30 metres from all property lines which will be enforced through the site plan and building permit approvals. d) The noise, dust, odour that could potentiaNy emanate from the use will not have an adverse impact on adjacent properties; The storage is intended to be located within the proposed buildings and na manufacturing is proposed on site and therefore noise, dust and odour issues are not anticipated. e) The type and level of traffic generated by the use is compatible with the character of the area and the function of adjacent roads; The only large scale traffic anticipated to the site is the delivery of to a maximum of 6 times per year. Daily traffic would be limited to the applicant's vehicles which would carry stock and materials to sites for installation. f) The operator of the home industry resides on the property; The applicant who is the operator of the home industry also resides in the existing dwelling. g) All machinery and equipment, with the exception of motor vehicles, required for the home industry is located within enclosed buildings; Through the site plan approval process storage of machinery and equipment within enclosed buildings will be controlled. h) Any open storage associated with the home industry is screened from view and located within a fenced compound; A fenced compound for material storage will be identified and screened appropriately through the site plan control process. i) The home industry has a limited number of employees; The applicant has advised that the maximum number of employees required for this seasonal business is five. j) Any retail component of the home industry is clearly accessory to the home industry and does not detract from the primary use of the property. The retail component of this business is generally not conducted on site but through the Internet, trade shows, and very limited on site customer visits. It is also noted that the Official Plan requires the development of a new home industry to be subject to Site Plan Control. The subject property is zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone. The proposed structures to be utilized by the applicant for the BUILDING AND PLANNING DEPARTMENT October 27, 2008 Report No. DS 2008-072 Page 3 of 6 proposed Home Industry are not located in the Environmental Protection Zone. Comments received from Lake Simcoe Region Conservation Authority stated that: "Part of the subject property is regulated by this Authority and subject correspondence confirms that a site clearance has been issued for the proposed buildings. ~,.~ Zoning By-law 97-95: The subject parcel of land is presently zoned Agricultural/Rural and Environmental Protection (EP) Zone; the proposed zoning by-law amendment only proposes to amend the Agricultural/Rural zoned lands to permit the home industry. The subject parcel is 24.3 hectares (60 acres) in total lot area. The Agricultural/Rural (AIRU) Zone requires a minimum lot frontage of 45 metres and a minimum lot area of 4 hectares (9.8 acres) for a home industry use. The subject parcel would exceed the minimum requirements for a home industry use of the lands. CONSULTATIONS: Township departments Lake Simcoe Region Conservation Authority - No objection to zoning amendment, permit required prior to issuance of building permit. Erosion and sediment control measures to be implement prior to site alteration. Additional comments on Oct 3 -site clearance issued for proposed building, LSRCA watershed policies provide exemption from a permit for the addition of gravel to an existing driveway. ATTACHMENTS: Attachment #1 Location Map '' CONC<_USION: The proposed Zoning By-law Amendment conforms to Plan and the provisions of the Zoning By-law. On thi Zoning By-law Amendment Application 2008-ZBA-07 Council. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services the general intent of the Official s basis, it is recommended that be approved and adopted by G. BUILDING AND PLANNING DEPARTMENT October 27, 2008 Report No. DS 2008-072 Page 4 of 6 Department Head Comments: Department Head Approval: Date: C.A.O. Comments: C.A.O. Approval: Date: BUILDING AND PLANNING DEPARTMENT October 27, 2008 Report No. DS 2008-072 Page 5 of 6 SCHEDULE 1: LOCATION MAP 2007-ZBA-08(RDR Marine} i ~~" i ,~ , ,. ~ ~,~ f, r~. ,j _~~., ~~C}f ~,ti ~ ~ ~~, ~- 1 Jr,,, ~ ~r ~s:- i ~~'~ ~~ ~3 ~ ' ~~~ ~~~--~~ _.r -= I{ENNEC?Y _ P(~~~ ~: i -.. _ } ^~ !~ I ~~~- ~~---- ~, ~~4f E --~, f ~; I ~ .~-.~ ,. ~ t~~ ~,~ ~y ..__...._.._~ r f~ ^. ~c~t-~,~ ,.______ - - ~ ~ ~,Ih. ,.~ -_ ~-~'~ _ ~ LASE SiMCdE PROPOSED LANDS Td BE REZONED Td PERMIT AHOME INDUSTRY BUILDING AND PLANNING DEPARTMENT October 27, 2008 Report No. DS 2008-072 Page 6 of 6 ~,V .~q,~ b, .- TOWtUSHIP OF 4R4-MEDQNTE REPORT Report No. To: Prepared By: DS 2008-071 Planning Advisory Committee Gtenn White, MCIP, RPP Senior Planner Meeting Date: Subject: Motion # October 27, 2008 Zoning Amendment Application 2008- . ZBA-08 Roll:# Joe Jolie, Part of Lot 10, Concession 5 R.M.S. File #: D14 37831 4346-020-002-08800 Mount St. Louis Road West RECOMMENDATION(S): Requires Action }( For Information Only It is recommended: 1. THAT Report Na. DS 2008-071 be received and adapted 2. THAT Zoning Amendment Application 2008-ZBA-08 for Jae Jolie, East Part of Lot 10, Concession 5, south side of Mount Saint Louis Road West, Township of Qro-Medonte, (Farmer Township of Medante} on Schedule A20 on the Zoning By-law 97-95 (as amended} be zoned from Waste Disposal (WD} Zone to Agricultural/Rural (A/RU*) Exception Zane be approved. 3. THAT the Clerk bring forward the appropriate By-law far Council's consideration BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by Joe Jolie. This application to amend the Zoning By-law has been submitted to rezone a property from Waste Disposal (WD) Zone to the AgriculturallRural (AIRU} Zone. The subject lands are located on the south side of Mount Saint Louis Road West, west of Line 5. The lands are located two properties to the east of the closed County of Simeoe landfill at 563 Mount St. Louis Road West. A Public Meeting for Application 2008-ZBA-08 was held on October 8, 2008. At the Public Meeting, no one spoke in support or apposition in regards to the rezoning application. However, on October 8, 2008, a letter was received by the Township from the owners of 607 Mount Saint Louis Raad West which is the abutting property to the west of the applicant's property. The letter stated an objection to the proposed amendment and asked the Township to take into consideration that the property is located on the crest of a hill and the placement of a driveway an the said property could be a danger to motorists, pedestrians and any occupants of the property due to visibility. The letter further stated to take into consideration the impact to the wildlife within the area with further development of lands bordering the now closed landfill site. No engineering concerns or roads issues have been expressed by Township staff. ANALYSIS: The Zoning By-law Amendment Application is proposed to rezone the lot from the Waste Disposal (WD) Zone to the Agricultural/Rural (A/RU) Zone to accurately reflect the intended residential use of the property. The minimum required lot frontage is 30 metres, and the minimum required lot area for a residential use is 0.4 DEVELOPMENT SERVICES October 27, 2008 Report No. DS 2008-071 Page 1 of 4 ~; hectares in the AgriculturallRural (A/RU) Zane. The purpose of rezoning the property will ensure that the lands are appropriately zaned to reflect the praposed residential use. The applicant's lot has a frontage of 30m (100ft) on the south side of Mount Saint Louis Road West and a lot area of 0.24ha (0.6 acres}. The applicant's lot size is the same and very similar to other tats in the immediate area of Mount Saint Louis Road West and Line 5. The majority of the other properties have similar lot frontage and lot areas to the applicant's property. The applicant's property is located between two existing developed residential properties (595 and 607 Mount Saint Louis Road West} of very similar size. It is Hated the applicant's property is an existing lot of retard and this zoning application is not to facilitate a severance but to rezone the property to Agricultural/Rural (A/RU) Zone to recognize the proposed residential use. It is prudent that the amending Zoning By-law also recognize by exception the existing lot area of 0.24 hectares which is deficient of the required lot area in an AgriculturallRural (A/RU) Zane which is 0.4 hectares. FINANCIAL: Not applicable POLICIESILEGISLATION: Township of Oro-Medonte Official Plan: The subject property is designated "Agricultural" by the Official Plan. Permitted uses within the "Agricultural" designation include single detached dwellings, accessory structures to residential uses, and home-based businesses. The subject lands are praposed to be used for future residential purposes on an existing lot of record. Section B5.1.9 (Waste Disposal Sites) of the Official Plan provides that development of new uses ar new or enlarged buildings or structures within an assessment area of approximately 470 metres from the property boundary of the waste disposal site or 500 metres from the fill area of the closed site may be permitted, provided an D4 assessment is completed. The applicant has submitted a Ministry of the Environment Guideline D-4 study to the County of Simcoe for review. The County of Simcoe Environmental Services Division had the submitted D4 Study peer reviewed and the County's consultant concluded "there are no technical environmental constraints related to the landfill site for which the County should withhold approval for this zoning application." The applicant will have to enter into a Development Agreement with the County of Simcoe that will be registered to the title of the property. One of the items the County of Simcoe requires to be noted on title is that subsequent development of the property will require a separate D4 study. With the County of Simcoe acceptance of the applicant's D4 study, it is staff's opinion that the proposed future new residential use of the property is in conformity with Section 85.1.9 of the Official Plan. Zoning By-law 97-95: The subject property is presently zaned Waste Disposal (WD) Zone. The closed County of Simcoe landfill is located two properties to the east of the subject lands located at 563 Mount Saint Louis Road West. The applicant's property has 30 metres of frontage onto Mount Saint Louis Road West, a lot depth of 80 metres, and a resulting lot area of 0.24 hectares (0.6 acres}. As noted above, the property is an existing lot of record, however does not meet the minimum lot area requirement for a lot in an Agricultural/Rural (A/RU) Zone. The existing property is of the same ar similar size to other properties in the adjacent area; therefore it is appropriate to provide an exception in the amending Zoning By-law to the minimum required lot area for the subject lands being 0.24 ha rather than 0.4 ha. Further, in relation to the condition required by the County of Simcoe that subsequent development of the property will require a separate D4 study, it is noted that the DEVELOPMENT SERVICES October 27, 2008 Report No. DS 2008-071 Page 2 of 4 _. surrounding properties within the 500 radius of the closed dump have an exception (exception '~96) in the Zoning By-law regarding lands adjacent to Waste Disposal {WD) Zone. It is recommended that this property have an exception to the AgriculturallRural (AIRU*) Zane stating that any subsequent development of the property will require a separate D4 study far review by the County of Simcoe. CONSULTATIONS: No concerns were given by internal departments. County of Simcoe- have commented an the D4 study that was completed by the applicant and they have indicated that there is na technical environmental constraints ATTACHMENTS: Attachment #1 -General location map CONCLUSION: On the basis of the above, the proposed rezoning of the subject lands is appropriate for future residential development and it is recommended that Zoning Amendment Application 20Q8-ZBA-08 be approved to rezone the property from Waste Disposal (WD) Zone to AgriculturallRural (A/RU") Exception Zone. Respectfully submitted: Glenn White, MCIP, RPP Senior Planner Development Services, Planning Division Reviewed by; ` ~ Andria Leigh, MCIP, RPP Director of Development Services SMT Approval 1 Comments: C.A.O. Approval l Comments: DEVELOPMENT SERVICES Report No. DS 2008-071 October 27, 2008 Page 3 of 4 Attachment #1 -General locati©n map 2008-ZBA-04 {Jrr?LIE) ~r ~./ /`~. PROPdSED REZdNINt~ FRdM WASTE DI~PdSAL (W5) ZQNE Td AGRICULTURALIR RAL 0 d6 90 180 270 I } I 360 r-~~ Meters DEVELOPMENT SERVICES Report No. DS 2008-071 October 27, 2008 Page 4 of 4 t~ei ~, Andria From: MacKell, Bryan [Bryan.MacKellQsimcoe.ca] Sent: Wednesday, October 15, 2006 4:02 PM To: Brandi Clement; Andrea Babbitts; Andrea Woodrow; Andrew Fyfe; Leigh, Andria; Belinda Boucher; CaNeen Healey; dparks~townshipofsevern.com; Deborah McCabe; echandlerC~town.newtecumseth.an.ca; EHadgins~city.barrie.on.ca; Geoff McKnight; Gerry Caterer; White, Glenn; Gord Russell; Jill L.ewisl ;Jim Hosick; Jim Taylor; Mara Burton; dmarkmldpi.ca; Michael Wynia; Paul Hodgins; Ray Kelso; Bob McCauley; Boger Fiabitaille; Ross Cotton; Shawn Persaud; Wes Crown Subject: County 4P presentation Ni Folks: We are pleased to advise you that the modified edition of the County Official Plan will be an the County web site on Wednesday, November 5th . We have scheduled Public Information sessions for Thursday, November 6`h in the County Council Chambers from1:30 pm to 4:00 pm and 6:OOpm to 8:30pm. At Chase sessions there will be an opportunity to review the new Schedule 5.1 along with a presentation highlighting the amendments to the text. There will be an opportunity for questions and answers. It is intended that the Plan will be presented for reviewed at the Corporate Services Committee meeting on Wednesday, November !~. The plan will then be presented to County Council for adoption on Tuesday November 25"'. t ~ Please distribute this notice to your Councils, staff associates and any interested local party. Regards Bryan Bryan MacKell, MCIP, RPP Director of Planning and Economic Development County of Simcae Adminstration Centre 1110 Highway 26 Midhurst, ON LOL 1 XO phone 705-726-9300, Ext 1004 fax 705-726-4276 cell 705-790-2999 brvan.mackell C~ simcae.ca