Loading...
2008-133 Adopt Amendment No. 26 to the Official PlanTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW N0.2008-133 Being a By-law to Adapt Amendment No. 26 to the Official Plan WHEREAS The Corporation of the Township of Oro-Medante is empowered to Amend its Official Plan as required; AND WHEREAS the process far considering such an Amendment was in accordance with Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13. AND WHEREAS the amendments to the Officio! Plan are deemed to be appropriate and in the public interest: NOW THEREFORE it is resolved that: 1. Amendment Number 26 to the Official Plan, attached hereto as Schedule 'A- 1 "and farming part of this By-Law, is hereby adopted and; 2. This By-law shall came into farce and take effect as specified in the Planning Act R.S.O. 1990, c. P. 13. BY-LAW READ A FIRST AND SECOND TIME TH15 8th DAY OF OCTOBER, 2008, BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 8th DAY OF OCTOBER, 2008 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Schedule 'A-1' Official Plan Amendment No. 26 Township of Oro•Medonte This is Schedule 'A-1' to By-Law No. 2008-133 passed the 8th day of October, 200. ~ ~` ~~ Douglas Irwin a r, . S Hughes ~ocaTioN MaP ---- t ~~4KE ~ ""!-;LhlRPORT~ f`~„ r~ W Il T _aND'3 . ~;: .. , ~~ HIGHVti4Y 11 _P ~~~ ~-~~T__ ~~tE ~~~-F~cE w' z L~"1C~ T~~~ BE F~E~~?~JED F=ROM h+leters ~ 0 ~i 1&U 3ED 5dD 72J SUBJECT LANDS REDESIGNATED FROM "HIGWHAY 11 SPECIAL- POLICY AREA" TO "COMMERCIAL" OFFICIAL PLAN AMENDMENT N0.26 (OSSOM COMMERCIAL, I-[WY #1I} TOWNSHIP OF ORO-MEDOrfTE AMENDMENT N0.26 TO THE OFFICIAL FLAN OF THE 'I`OWNSHIP 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 Na. 200$- iri accordance with the provisions of Section 17 and 21 of the Planning Act, R,S.Q. 1990, Chapter P.13, as amended. Mayor Clerk 2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NUMBER 2008 - A By-Law to adapt 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 WI-IIREAS the policies of the Official Plan of the Township of Ora-Medonte are approved and in farce 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 WI-IEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Taw~3ship of Oro-Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: IA 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 Na.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 F. 13, as amended. READ A FIRST AND SECOND TIME THIS DAY OF , 2008 MAYOR CLERK READ A THIRD TIME AND FINALLY MAYOR PASSED THIS DAY OF , 2008 CLERK ("FR'I'IFIC.~'~'1(~}N Ciirtif~~cd that the above ~s a true copy ~~f By-l<iw No, ^~)O~ - as ~nautc~l and pissed by Ci?unci] ~>~`t11e Corp~~rati~~n ~~1 ~~te ~~c~~~~nship o1't7rt~-'~ledonte cm she day of , ~'U08. Clerk 4 TA131",E OF CONTEN'CS GO~STITLTTIt~NAL ST.~TEi~'.tENT la'ART 1- TIIE IN'TI201)[~C"PION 1.1 ~'I`1'I~E 1.2 CO~IPONE~TS 1.3 13ACKGROU:ti~D 1.4 i.OC:1TION 1.s 13.~SIS OF' rr}IE :~~IE~n:~iEtiT l.s.l Application 1.s.2 Proposal and Site Histary 1.x.3 County E-f Sin~coe Planning Policies 1.sA 1'o~~°nship ~~#' Oro-~ledunle Planning Policies l.ss Engineering 1.5.G Ltiliiies 1s.7 Zoning 1.~.$ f'(alll'U~IORS Pt~.xT 11- TIIE ,a~Itilll~iE~T ".1 1'I~E:~ :~ IBLE ?.2 llET:~ILS OF'I'1IE .1'1~iENI)MENT 2.3 IILPLF'1tEti:I';-1"hIQN ?.~ lti1`I?RPRET:~.T1+~~I PAR"T 1..11- T1IE AI'PE'~U1CES ~~-hendix 1: Function.-1 Scr~'icing Report lppen~~lix 2: T~-af7ic Imlr~ct Reptant 1l~pendix 3: 1~utice ~f 'Minutes ut~Puhlic ,lieeting 5 TIIE CpNSITL3TI4NAL STATFl~1ENT The following amendment to the Official Plan of the Township of C?ro-Medonte consists of three parts, PART I -the Preamble -consists of the purpose, location and basis far 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 A~1END}~~IENT Ncr. 26 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE "Ossom Commercial" PART 1- INTR()DUCTICIN 1.1 TITLE This Amendment when approved by the County of Simcoe, shall be known as Amendment No.26 to the Official Plan of the Township of Ora-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 BACKGRC}llND The purpose of this Amendment to the Official plan of the Township of Ora-Medonte, is to place certain lands located in Part of lot 20, Concession VII (geographic Township of Ora) 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 11 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 Ora-Medonte Official Plan and Zoning By-law by Ossorn 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 ~I I corridor, in this area the `Po~~'nship added Section CI7 - faro C,cnter Secondary Plan to the Official Plan. in regard to this site the new policies limited uses and buildings to those existing at the tune. "I~hese Ix~licies, ~~},ich have necessitated this amendment, w~il1 be discussed itl the following. Various documents were submitted in support of the appli:~ation including: I- A Functi~~nal Servicing Report dated h'ct~ru<-ry 12, ~'OO;~ prepared by John Towle :'associated Ltd. A "Traffic Impact ;analysis entitled IIi~~h~~~ay Commercial Rede~°elc~pment, I Ii ~~hway 11 and Sep enth Lane. ~'.ats;d Dcccl7~ber :047 and prepared by Mark Engineering. _ . %~ ci~nceptual site plan prepared by John Towle and Associates is included in the engineering report and shown as I,~rawing "C-I'* ~,~.~ Pro~~sal ::nd S1te History The use of this site for hichway a~mnlcrcial type uses has been in existence for ti~~ell over .50 years. It has been home to a motel use (two storicsl accessory indoor swimming pool (quo:ISet huilding, ~.est endl, a restaurant ~:nd gas station. T'hro~.~.;h ace and n~.~;lect the motei and retaurallt ceased to f unction however the Gasoline service aspect has cont:.we.d to this day. The ,~:op<~sal is to renrove'~i~hat has become a mc~sily derelict and rundpwn use and replL~ce the huil~3in~,~s ~~ith :~pprc~priatc stnlct~tres ti~~I~ich can more hr~~perly attract ~.nd sust~~in retailiconunercial uses at this h~cation. It is ~lai;ned that a 12 pump gas bar with a kiosk c~m~,~enience store providing drive ;hro~.~~h ~c:rvice will be constructed. Other buildings cm the site ~~~ill provide for a rest:.urant ~~;th drive thrt~tt~~h ~cr~~i~e tc,~aeth::r ~~~ith f~uildir~~s for retail ~orn~~~ercial p~ul~,~scs. Irt total it is e~:pcct~:d that up to al?I~-to~~,~atcly iQ00 sq.ft. {^,50 X12) i~f floor area will be provided. In tl,e absence of the special policies cffectinf; this site the pr~~pused rede~:~ek~plraent tivou'.d at worst be subject to only a site pla7i conuvl a~ regiment. ile~ti~~ever. as a resnlt of }~~ ~.ner_i_il ~~i~liC'?i'c !~liS 1P1t'nC~TT1~Ttt 15 Pc.CeSSt1I'ti. 1'~~i(h I}7~ a(~hrOti'tlI t~~ i}IlS aflif'n(~IT]c'nt 1C will .,llow fur the pr~>per redevelopment of- t}~is prc~pcrty +.'rom it's current dilapidated cotlc'ition to a properly fu~~ctioning and positive feature for the benefit cif lc,cal users and the tray elirtg publzc. The site has a total frontage along Hwy 11 of approximately 775'("?36m) and a depth of sc~n~~~. i50' (~5m}. The fatal area of the site is some 2.fia (l.(~gh}. 8 1.5.3 County of Simcoe PlanningyPolicies The County of Simcoe Official Plan, Schedule 5.1, 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 11 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 C17.2.5 of the Township Official Plan. 1.5.4. Township of Oro-Medante Planning Policies The Official Pian 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. In 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 paIicies 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 "E" 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 l l Special Policy Area" this amendment will address the policies of this designation. 9 Section 017.2.5, 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 develvpment 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 (b} is intended to protect existing uses and extend to these uses a legal non- conformingstatus. 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 allvws far minor additions with the approval of the Ministry of Transportation. As the paint of this amendment is to redesignate the site it follows that any new develvpment will require the review and approval of this Ministry. It is proposed that the site be redesignated to the "Commercial" designation. Section 01'7.2.$, Cammercial Designation, provides that the permitted uses and policies of Sectivn C9, Cammercial, of the Official Plan shall apply. This section lists a number of permitted uses among which includes retail, business office, restaurants and vehicle fuel sales. The proposed use of the subject site would conform with these permitted uses. 1.5.5 Engineering Twa engineering reports have been completed in regard to the redevelopment of the subject site. A Functional Servicing Report and a Traffic Impact Assessment have been provided to the Township along with this amendment. The Functional Servicing Report, prepared by .iohn Towle Associates Limited, dated Febnaary 200$, outlines the design concepts far the provision of water supply, sanitary sewage facilities and starmwater drainage systems. The report recommends that the existing well will remain as it is understood to have neither a quantity ar 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 flows from the propased 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 haw this can be resolved and concludes that further work is under way and a submission to the Ministry of Transportation will be made shortly far their consideration and approval. 10 The Traffic Report, prepared by Mark Engineering dated December 2001, 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 both 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 Co 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 C17 -Ora Centre Secondary Plan of the Official Plan by prohibiting the development of new buildings or additions to existing buildings. With the approval of the Official Flan 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 an site. 1.5.8 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-Medante Official Pian 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 af, the policies contained within. the Townships' Official Plan, the County of Simcae Official Plan and in particular the Oro -Centre Secondary Plan. 11 PART 11-THE AMENDMENT 2.1 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 Ora Medonte Official Flan is hereby amended by redesignating the area, as shown an the attached Schedule "A" from the `Highway 11 Special Policy Area' and the `Oro Centre-Officellndustrial' 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 97-95, as amended, of the Township of Ora-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 Flan of the Township of Oro-Medonte, as amended from tune to time, shall apply to this Amendment. 12 1~ -a_r-a-ai.a-ri r .a w.r~w. rw ~ , Township of Qro-Medonte - 4 ~~'~ ' Oro-Centre Secondary Plan Area 1 .~ ~ Schedule A :;:.: LANDS REDESIGNATED iROM .:.;., 'ORO CENTRE-DFFlCE/INDUSTPoAL' TO LANDS REDESHiNATED FRON ' ' 1 ' • • • ' COMMERCIAL • • • HIGHWAY fl S°EgAL POUCY AREA' TO i •:•:•:• 'COMMETtgAI' H1C~fWAY#17 ~8~d ,~ $E'RgAt3 1 i 1 1 1 I I 1 1 1 i 1 i 1 THIS IS SCHEDULE 'A' TO DFFIgAI PLAN r r AMENDMENT N0. 28 TO THE DFflgAL PLAN .. r r 'a • r r r'~a ~ ^ r r ~ . r r a ~ rl OF THE TOWNSH~ OF GRO-MEDONTE. Legend ® Oro Centre -Commercial ~ Hghway 11 Special Policy Area Oro Centre - Ofticelindustrial j ~ Commercial ® Oro Centre -Limited Servige Industrial ~ Agricultural REINDERS Secondary Plan Boundary Environmental Protection " SQUTHI'ARK APPENDIX I: FUNCTI©NAL SERVICING REPC}RT I3 APPENDIX 2: TRAFFIC II~IPACT REPCJRT I4 APPENDIX 3: NOTICE OF MINUTES OF PUBLIC MEETING I5