2000-060 To adopt Official Plan Amendment No. 7 to the Township of Oro-Medonte Official Plan
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2000- 60
BEING A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO.7 TO THE
TOWNSHIP OF ORO-MEDONTE OFFICIAL PLAN
The Council of the Corporation of the Township ofOro-Medonte, in accordance with the provision
of the Planning Act, hereby enacts as follows:
1. The attached explanatory text which constitutes Amendment No. 7 to the Official Plan of
the Township ofOro-Medonte, is hereby adopted.
2. The Planner is hereby authorized and directed to make application to the County of Simcoe
for approval of Amendment No.7 to the Official Plan of the Township ofOro-Medonte.
3. This By-law shall come into force and take effect on the day of the final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME, THIS4th DAY OF July ,2000.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF July,
2000.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
~p J~_L .
Acting Clerk - Vicki Robertson
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AMENDMENT NO. 7
TO THE
OFFICIAL PLAN FOR THE TOWNSHIP
OF ORO-MEDONTE
June 28, 2000
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AMENDMENT NO. 7
TO THE OFFICIAL PLAN FOR THE
TOWNSHIP OF ORO-MEDONTE
The attached explanatory text constituting Amendment No.7 to the Official Plan for the
Township ofOro-Medonte was prepared and adopted by the Council of the Township of
Oro-Medonte by By-law No. 2000- in accordance with the provisions of Sections 17
and 21 of the Planning Act R.S.O. 1990, c.P. 13 on the day of
2000.
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AMENDMENT NO.7 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-
MEDONTE
INDEX
The Constitutional Statement
PART A-THE PREAMBLE
Purpose
Location
Basis
PART B - THE AMENDMENT
Introduction
Details of the Amendment
PART C - APPENDICES
1. Applicant's Planner's Report
2. Township Planner's Report
3. Minutes of Public Meeting held April 5, 2000
PAGE
1
2
2
2
2-3
4
4
4
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THE CONSTITUTIONAL STATEMENT
The fol1owing Amendment to the Official Plan for the Township ofOro-Medonte
consists of three parts.
P ART A - THE PREAMBLE -
consists of the purpose, location and basis
for the Amendment and does not constitute
part of the actual Amendment
.
PART B - THE AMENDMENT -
which sets out the actual Amendment and
consists of the text, constitutes Amendment
No.7 to the Official Plan of the Township of
Oro-Medonte.
PART C - THE APENDICES-
consists of information pertinent to this
Amendment in the fonn of background
information. This section does not
constitute part of the actual Amendment.
'(
P ART A - THE PREAMBLE
1.0 Purpose of the Amendment
The purposes of this Amendment is:
.
i)
To redesignate a small parcel ofland from "Shoreline" to "Shoreline Special
Policy Area No.1", to facilitate and permit the creation oftwo new residential
building lots, by consent.
ii) To redesignate lands not required for shoreline residential purposes from the
"Shoreline" designation to the "Agricultural" designation.
2.0 Location of Land Affected
This amendment applies to lands located in Part Lot 2, Concession 13, (fonnerly
Township ofOro), now in the Township ofOro-Medonte.
3.0 Basis of the Amendment
This amendment has been put forward in response to an application by the owners of the
land to re-designate a small portion of their property from "Shoreline" to Shoreline -
Special Provision" and to re-designate an area now included within the "Shoreline"
designation which is not required for shoreline residential purposes, to the "Agricultural"
designation.
The latter purpose of the Amendment was a requirement imposed as a condition of three
consent applications. That condition, in fact, required that all of the lands currently
designated "Shoreline" which were not required for the three lots approved by the
Committee of Adjustment, were to be re-designated back to "Agricultural". That
particular condition of consent relating to each of the three applications has been
appealed by the owners to the Ontario Municipal Board.
The primary reason for the appeals is that, if all of the remaining land is re-designated
back to "Agriculture", the severance of two additional lots under the "Shoreline"
designation will not be possible. The owners are quite prepared to remove the
"Shoreline" designation from the balance of the lands, which represent more than half of
the total area now designated for shoreline residential development.
) ,
An additional purpose of the amendment is to incorporate special provisions which will
clarify two issues:
1. Whether it is appropriate to allow two additional lots (bringing the total to 5 lots)
to be created by consent at this location.
2. Whether it is appropriate to exempt the two lots from the requirement of having to
have frontage on and direct access to the shoreline of Bass Lake,
.
Council is satisfied that a plan of subdivision is not necessary. All of the required
services, in particular the road fronting the subject lands (Greenwood Avenue) is already
in existence and is of a reasonable standard of construction and is currently being
maintained in a manner which easily will accommodate the traffic from the additional
lots.
Council is also satisfied that appropriate regulations and control over the development
and use of the lands can be administered through the imposition of conditions of consent,
through rezoning, and through the imposition of site plan control, all of which are
required as conditions of consent on the first three lots, and will be required as conditions
of consent on the remaining two lots, yet to be obtained by the owners following approval
of this Amendment.
Council has noted that two other proposal of more than three lots, one with frontage
on/access to the shoreline of Lake Simcoe, and another backshore development with no
direct access to the lake, have been approved by consent without the need for an Official
Plan Amendment.
Council is also of the view that the requirements of the Official Plan relating to the
creation of lots only where there is frontage on and direct access to Bass Lake is not
applicable in this instance, as none of the lands currently within the "Shoreline"
designation at this location are actually on the Lake. It is, therefore, a requirement of the
Official Plan which, in this case, cannot be met, and therefore it cannot reasonably be
applied.
Council is therefore satisfied that, given the existing designation of the lands for shoreline
residential development, and given that the owners are willing to re-designate more than
half of the lands designated "Shoreline" so that it cannot be further developed, and given
that adequate controls are available to regulate the development and use of that portion
being developed, this Amendment is considered appropriate, and its approval will lead to
the appropriate, timely and desirable development of the subject lands.
PART B - THE AMENDMENT
1.0 Introduction
.
All of this part of the Amendment entitled Part B - The Amendment, which consists of
the following text and Schedule "A", constitutes Amendment No.7 to the Official Plan of
the Township of Oro-Medonte.
2.0 Details of the Amendment
The Official Plan for the Township of Oro-Medonte is hereby amended as follows:
1. Schedule A 18 to the Official Plan is hereby amended by redesignating lands
described as Part of Lots 1 and 2, Concession XIII (fonner Township ofOro) and
identified on Schedule "A" attached hereto and fonning part ofthis Amendment,
from "Shoreline" to "Agricultural" and "Shoreline Exception".
2. Section DlO - Shoreline, is amended by the addition of the following new subsection
"D 1 0.9 - Exceptions"
3. Section D1 0.9, Exceptions, of the Official Plan is hereby amended by adding a new
subsection D10.9.1 as fol1ows:
" DI0.9 - EXCEPTIONS
DI0.9.1 Part of Lots 1 and 2, Concession XIII (Oro)
Notwithstanding the policies contained in Sections D10.3.5 and D10.3.6, the
creation of two additional lots with no frontage on or direct access to Bass Lake,
by consent, is pennitted on the lands shown to be subject to this Section on
Schedule A18 to this Plan."
* NOTE
COMPONENTS OF THE ENVIRONMENTAL
PROTECTION ONE AND TWO
DESIGNATIONS ARE SHOWN ON
SCHEDULE B
500 0
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LEGEND
R+m+11 Environmental
IIIIlIHI Protection One
c=J Agricultural
~ Rural Settlement
IS2:S62S21 A re a
flT!iliIill Rural Residential
w..uw.w
~ Shoreline
~ Restricted Rural
OVERLAY DESIGNATIONS
r -, Environmental
L _ .-J Protection Two
Special Policy Area
I - -I Horseshoe Valley Rd.
Special Policy Area
SEE SECTION
D2.4.2
1 :20,000
XIII
XIV
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1
PRICES
CORNERS
2
LANDS SUBJECT TO
SECTION DIO.9.1
3
LANDS TO BE REDESIGNATED
FROM SHORELINE TO AGRICULTURAL
BASS
LAKE
4
5
BASS LAKE SIDE ROAD E.
KEY PLAN
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...............wu..~...SH"'"GI.....c..,UWO""'...
!OOOm
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THE PLANNING
PARTNERSHIP
TOWNSHIP OF ORO-MEDONTE
OFFICIAL PLAN
SCHEDULE A18
FEBRUARY 1997
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PART C - APPENDICES
Planner.s Report
:tor
Rober~ and Theresa Spears
Par~ Lots 1 and 2, Concessiob 13
(~ormerly Township of Oro)
now J.n the Township of oro-Medon~e
For
Rober~ and Theresa spears
3110 Bass Lake Sideroad
R. R. .2
ORXLLIA, On'tario
L3Y 682
Prepared by:
~118Plan ConsultJ.ng SerTlces
P. O. Box 207, 22 Church Stree't S.,
ALLXSTOR, Ontar.1o
L9R 1Y5
(705) 435-6267
Janua.ry, 2000
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APPENDIX #1
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PLABRKR"S RRPORT
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.:LJl Purpqse aDd Scoptt or Report
This Planner's Report has been prepared in support of applications
to amend the Official Plan and Zoning By-law of the Township of
Oro-Medonte, to redesignate and re-zone the lands to permit three
lots recently approved by the Township's Committee of Adjustment
to be developed tor residential purposes, and to facilitate and
per.mit the creation of two additional lots by consent, and to
permit residential development of these additional lots as well.
The app11cation for an Official Plan amendment will, if approved
as proposed, also have the effect of removing the existing
"Shoreline" designation froIIl those portions of the land Which are
presently so designated, but which are not part of the area
required for the five lots.
This report addresses the relevant planning considerations in
detail, and provides a summary of related site servicing,
environmental and other technical considerations pertaining to the
redesignation and re-zoning, and the subsequent development and
use of the lands, as proposed.
2 - 0 S'Ubject Lands and Descripti.on
Figure 1 shows the general location of the lands owned by the
proponents in Part Lots 1 and 2, Concession 13 (formerly Township
of Oro), now in the Township of Oro-Medonte, County of Simcoe,
Figure Z shows the entire property owned by the proponents, in the
context of the immediate s'Urrounding area. The property is a
relatively large tract of land, consisting of some 51.6 ha. and
extending from Greenwood Avenue to the south-east, where there is
approx~tely 508 m. of frontage, to Horseshoe Valley Road to the
north, where there is 267 m. of frontage. There 1s also some 164.6
m. of frontage directly on the shore of Bass Lake at the south end
of the parcel. Fig~e 2 also shows the existing lot pattern and
land uses in the surrounding area.
The lands presently have an entrance driveway leading to a 12.2 x
32.6 m, storage building. Six stalls have been built into the
north end of the barn, and the owneTs cur~ently Use this area to
shelter five horses. This building is at approximately the
location shown on Fig~re 2. Much of the cleared area of the
property is rented out to an area farmer, who 'Uses the landfor
crop production. The lands are, for the most part, not fenced.
The lands are currently not used for residential purposes, but it
is the intention of the current owners to constr~t a new
residence at approximately the location shown on Figure 2.
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FIGURE 1:
General Location of Subject Property.
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The subject lands (ie. the lands adjacent to GTeenwood AVen~
which are c\U:Tently designated" Shoreline" ), drain and :slope
geneTally to the south, towa.Td Bass Lake. Vegetation varies from a
predominently tree covered area towaTd the east to substantially
open, cleared land west of the existing driveway entrance to the
paTcel, Near the end of Greenwood Aven~, the subject lands are
lower and wet.
~ Surrounding Lands ~d Land USO~
To the south-east, across Greenwood Avenue, is an established
shoreline residential development, located along the shore of BaS5
Lake. On the same side of GTeenwood Aven-ua f\lI'ther to the east are
three additional, larger residential lots which have or are
intended to be developed for residential p~poses.
At the south-west end of Greenwood Avenue, there is one
undeveloped shoreline lot and beyond it, an area of undeveloped
shoreline on Bass Lake, which is part of the owners' landholding.
The backshore area is part of a large tract of forested lands and
wetland extending further to the south and west.
To the north-west, north and north-east, to Horseshoe Valley Road,
the lands vary from forested to cleared, with some areas having
been used for crop production, as noted above, A hydro
transmission corridor bisects the area and crosses the owners
lands in the vicinity of the border between lots 1 and 2. There
are a number of established residences along Horseshoe Valley
road, incl~ing a small subdivision on the north side.
4.0 The Proposal
The owners have applied for, and the Committee of Adjustment for
the Township has approved three severances, gubject to conditions.
The location of the three lots is as shown on Figure 2.
Two additional lots are proposed to be created, to the immediate
south-west of the three approved lots. The area involving these
two lots will be s~ject to special provisions to be incorporated
into the proposed Official Plan amendment.
The five lots :must all be re-zoned to the "Shoreline Residential"
zone. The lands which are c'UTrently designated "Shoreline" in the
Official Plan which are not incl~ed with the five lots are
proposed to be re-designated to .. Agricult-ural" .
The retained portion 1s to be uged by the owners as their
principle place of residence. They are not farmers. They are
interested only in keeping a few horses (Up to a max~uw of six).
Some 0 f the land may also be rented out to an area farmer for
cropping, as 1n the past. Some other areas are intended to be
planted to trees,
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~ Planning IDPl~cations
5.1 PrQvincial Po~icy
5.1.1 General
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This proposal does not offend any of the relevant provincial
policies and requirements.
The lands are, for the most part, contained in an .. Agr icci t-ural"
designation, and reflect the fact that s011s on a portion of the
property are suitable for, and used for crop production.
The original barn on this parcel was apparently destroyed by fire
in 1949, and the fences have deteriorated or are non-existent.
Consequently, except for the six stalls in the existing storage
building, there is little potential, and no current intention on
the part of the owners, to use the property for any significant
new agricult~al purposes related to the keeping of livestock.
Notwithstanding the fact that there are six stalls built into the
existing storage bUilding, this building is not designed for or
suited for livestock (there is no room for feed storage, it has a
sand floor, etc.). F-urthermore, it is a ~stantial distance from
the approved and proposed lots. There is, as a res~t, no Minimum
Distance Separation problem with respect to the limited potential
or the use which is being made of this str~ture for the keeping
of livestock (up to 6 horses), given its location of the property
relative to the proposed lots.
Because the parcel is quite large, any new livestock facility/~e
could be loc~ted 50 as not to be constrained by the existence of
the approved/proposed lots. The existence of numerous other non-
farm residences in the s~e area already present a constraint to
the use of the south-east portion of this property for livestock
purposes.
In any event, the subject lands, adjacent to Greenwood Aven~, are
already designated for development and have been so designated fo~
a number of years. As such, the intention is to permit some back-
lot development on the north~est side of Greenwood Avenue, the
road which serves the existing development along the Bass Lake
shoreline in this area.
The proposed Official Plan Amendment has the effect of
facilitating the creation of just two additional lots within an
area already designated for development. It has the further
purpose ot removing the "Shoreline" designation trom the balance
of the la.nds, and restoring an "Agricult\lral" designation. The
subject lands which are proposed for development are not suitable
for agricultural purposes.
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The ffUbject lands do not contain significant aggregate reso~ces
which should be pre5erved for future extraction, and they are not
identified as being environmentally significant or sensitive.
Therefore, their development and use, as proposed, does not offend
any provincial policy or requirement in this regard.
5.2 County Officia~ Plan
The County of Simcoe Official Plan generally permits development
of lands already designated for development in approved local
Official Plans. However, there are development standards and
servicing policies in the County Plan which must be regarded in
approving any such development.
,
Generally, development of five or fewer lots can be accommodated,
according to County policy, on private, on-site services, provided
the site conditions are suitable for same. Developments of more
than five lots are subject to additional requirements for such
things as servicing feasibility st~ies, hydrogeological
investigations, detailed stormwater management studies, etc., and
the preferred method of servicing is f~ll municipal or communal
water and sewer services.
The County plan permits development to occur by either plan of
subdivision or by consent. In this sit~tion, the required
5ervices (1e. the road system) is already in existence, and the
water and sewer services are proposed to be provided on each lot.
The lots are appropriately sized and site conditions are s~table
for the installation of private services. There is, therefore, no
need to proceed by means of a plan o~ subdivision in this case.
All of the concerns and requirements relating to the develo'Pl16nt
of the lands can be addressed thro~h the re-zoning and severance
approval processes. It is worthy of note that the COmmittee of
Adjustment, in granting consent for the creation of the three lots
already approved, has also required that the lots be subject to
site plan control.
Consequently, the Township has every opportunity and several
effective mechanisms at its disposal to enforce full compliance
with all of its requirements, as well as those of the County and
other agencies, without requiring the development to proceed by
plan of subdivision.
The lands are not part of the Greenlands system identified by the
County of Simcoe Official Plan. No impact assessment 1s therefore
required to address the Co~tyts requirements in this regard.
The proposal does not; therefore, offend the County Plan and no
amendment to the County Plan is required.
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~ Oro-Medonte Official Pl~
~ General
,
The owners' lands have several designations in the Township of Oro-
Medonte Official Plan (refer to Figure 3), with the predominant
designation being "Agricw.tural"" with a "Horseshoe Valley Road
Special Policy Area" overlay designation on that portion contained
within Lot 1, Concession 13.
The southerly portions of the property are designated
"Environmental Protection One" and "Environmental Protection Two".
The subject lands, consisting of a band of land along the north-
west side of Greenwood Avenue are designated "Shoreline".
Section Ai of the Official Plan describes the overall vision which
has lead to the creation of the specific policies which are
contained in the Official Plan. This proposal does not offend the
basic principles outlined in this section. The subject lands had
previously been designated for residential p~poges in the former
Plan, and this intent has been carried forward into the new Plan.
The new Plan indicates that there are suffic ient areas of land
designated for residential p~poses to last until the Year 2016.
The realizatiQn of the potential for the development of about half
of the available land area designated for residential purposes,
and the removal of the balance of the land so designated does not
offend this provision.
This section of the Plan provides that amendments to the Plan to
permit s'UCh further development beyond that specifically
anticipated by the Plan are only to be considered by Council if
the intent of the Amendment is to refine the land 'Use boundaries,
or is the re~lt of a broader policy review. These policies are
restated in Section J3, as well.
This proposal seeks to refine the land use boundaries, but in this
sense it is unus-ual, because it proposes a reduction in the amount
of land area designated for development, whereas most such
amendments would propose either the creation of new, or the
expansion of existing such areas.
In this case, an amendment to the Official Plan is req~red, as a
result of a specific condition of the provisional consents which
have been approved by the Township for the three lots already
approved by the Committee of Adj~tment. The Committee required
that the balance of the lands designated "Shoreline" but not
specifically involved with the three lots, be re-designated to
" Agr icul tural" .
That condition has been appealed by the owners, as they would like
to create two additional lots from the area designated "Shoreline"
adjacent to the first three. They support the re-des1gnation of
the remaininq area from "Shoreline" to "Aqricultural".
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FIGURE 3: Existing Official Plan Designations
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Spec.ial P.olicies
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from "Shorelineu to
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FIGURE 4: Proposed De~~g~ations
""g
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(() :
The amendment will also serve to introduce policies which will
allow the two additional lots with no direct frontage on or access
to the shoreline (see Section 5.3.2 below), to be created by
consent.
Section A2 sets out several "pillars", or 1.Jnderlying prine iples
which are reflected throughout the Plan in the policies for the
development and ~e of land. This proposal does not o~fend any of ,
these guiding principles.
Specifically, there does not appear to be a need for m~icipal or.
comm1.Jnal services, as the proposed lots are suitable for the
installation of on-site services. Three of the five lots have
already been approved with on-site services,
5.3.2
"Shoreline" Policies
Section DiD of the Plan contains the specific policies affecting
lands designated "Shoreline", The first objective provides that
the existing character of the predominently residential area is
maintained. This objective is not compromdsed by this proposal, as
the new lots, and the development on these lots will be similar to
the existing developments across the road, and on existing, .
similarly sized lots f~ther to the east on the same side of the
road.
The lands have long been designated for residential purposes. The
lands along the shoreline itself have long since been developed,
while the back-shore areas on the opposite side of Greenwood
Aven~ are just now being developed. This is a typical situation,
since the lakefront properties are more valued and in demand, and
usually are p~chased and developed first.
Where conditions are appropriate, the development of the land on
the opposite side of the road servicing the shoreline development
is ~gually also permitted, in part to respond to the res~tin9
subsequent demand for near-shore lots, and in part to ensure that
servicing both existing and new development is efficient and cost-
effective.
The protection of the natural feat~es of the shoreline area is
also an objective of the Plan for areas designated "Shoreline".
The three lots already created, as well as the two proposed lots,
lie within a predominently forested area. While the removal of
trees to permdt the siting of a driveway, septic system and
residence will be necessary, the shoreline and the Lake itself
will not be directly impacted, and the removal of trees can and
should be minimized as a condition of site plan approval.
Single detached dwelling are permitted uses, as provided for in
Section D10.2 of the Plan.
~
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It.
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The subject lands are served by a municipal road, which is of a
standard of construction and is being maintained at a standard
sufficient to serve the two new lots created as a result of this
proposal, as well as the three lots previously approved.
Section Dl0.3.5 sets out policies relating to the "preferred means
of land division". It provides that "land division by plan of
subdivision/condominium, rather than by consent, shall generally
be deemed necessary if anyone of a list of circumstances applies.
In this case, the extention of an existing public road or the
development of a new public road, is not required, nor 1s the
extention of a municipal water or sewer ~stem.
In this instance, a Plan of subdivision is not required to ensure
that the entire land holding or area is developed in an orderly
and efficient manner. In that the entire area fronting onto
Greenwood Avemw was previously designated .. Shoreline" to a depth
approximating the depth of one lot only, the only logical
development pattern is a linear development form with each lot
fronting directly onto and accessing Greenwood AVen~e.
This policy also provides that the developmant should generally be
considered as infilling and that developments of more than three
lots should occur by plan of subdivision. In this case, three lots
have already been approved to be created by consent. It is not
necessary, and would not be appropriate to require a plan of
subdivision ror the additional two lots, notwithstanding that the
total number of lots to be created ultimately from this particular
landholding is f1ve.
It is worthy of note that there is sufficient land area and
frontage within the area designated "Shoreline" on the owners
lands on the north--west side of Greenwood Avenue to permit the
creation of approximately 12 lots.
Although the creation of the two new lots does not meet the strict
definition of .. infilling", the existing, approved lotB to the
immediate north-east and the dwelling prQPosed to be constructed
to the west create a situation which roughly parallels an infill
situation. Therefore, it would be unnecessary and therefore
inappropriate to require a plan of sl.Jbdlvislon just because the
proposal is not strictly an "infill" situation, as no particular
purpose would appear to be served by such a requirement.
This section goes on to outline the requirements for developments
by both plan of subdivision and by consent, in Sections D10.3.6
and D10.3.7 respectively. Under the strict 1nterpretat1on of these
policies, in order to develop ~ of the subject lands by plan of
gubdivision, direct frontage on Bass Lake would be required - a
condition which cannot be met in this case, despite the fact that
the lands are already designated "Shoreline", that there is enough
land with the required services (road frontage) to accommodate a
dozen lots, and that the proponents own a significant area of Bass
Lake shore line.
01/12/00 WED 22:55 FAX 7054352628
VAHLlN<.:i. ~MIT.ti, MCLhAN
Any development of the portion of this property which is
designated "Shoreline" will, as a result, lead to the creation of
lots with no direct frontage on or direct access to the Lake.
There is nothing that can now be done to change this pre-existing
situation (ie. the owners have not ~sed up the lake frontage
available to them, nor can they develop the portion of their
property which fronts onto the lake), and it would be
inappropriate to suggest that the proposed lots cannot be created
beca:1J.se there is no lake frontage.
The policies dealing with consents do not require that the new
lots thus created have frontage on or access to the Lake, and it
is these policies which must therefore apply to the subject lands,
The specific criteria for lot creation by consent require that the
severed and retained lots both front onto an existing public road
that is maintained year-ro~d, that no traffic hazard will result
and that the lots can be adequately serviced with appropriate (in
this case on-site) water supply and sewage disposal systems. All
of these requirenents ha.ve been met with respect to the three lots
already approved, and can also be met for the two additional lots
to be created as a res~t of this proposal.
This section goes on to requ1re that the lots created must be
placed into a "Shoreline Residential" zone in the implementing
Zoning By-law, if required. In this case, the latter is necessary,
as the lots do not meet the minimum lot size requirements for the
"Agric1.1lturaI/Rural (A/Ru) "zone. The required application has
therefore been s~mitted, with the intention that it be considered
conc~rently with the Orr1cial Plan amendment.
Section Dl0.3.8 directs such developments and, it is fair to say,
limits such development to areas already designated "Shoreline,
such as the ~bject land5, and provides that only small scale
subdivisions on the shoreline or minor infilling by consent (5uch
as is the case in this instance) are permitted, in an effort to
maintain the area's unique character.
It goes on to provide that any amendment to the Plan that has the
effect of permitting additional residential development adjacent
to the o'Shoreline" designation will only be considered as part of
a review of the appropriateness of the extent and 11m1 ts of the
entire "Shoreline" designation that is part of an Officia.l Plan
review. This proposal involves lands already designated, and not
lands adjacent to existing shoreline areas not yet designated.
In effect, the req~irement of the Committee of Adjustment that the
remaining lands be removed from the "Shoreline" designation
represents the reverse of the situation contemplated by this
section, as it will result in the reduct1on, rather than. the
expansion of the "Shoreline" designation in this area, In this
regard, the proposed amendment does serve to implement certain
other policies as ~ll as the overall intent of the Plan, by
limiting development, and reducing development potential in
"Shoreline" areas,
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'01-/12/00 . WED 22: 56 FAX 7054352628
DARLING. SMITH ,McLEAN
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The question which arises out of this requirement is whether the
creation of three lots is all that is considered appropriate from
the rather extensive area and frontage designated "Shoreline" in
this casa, where the services required to accommodate perhaps as
many as 12 lots are already available. Related to this is the
question of whether it is essential that a fourth and fifth lot
must have lake frontage and direct access in order to be created,
in an area where three lots with neither lake access or frontage
have just been approved.
The proposed Official Plan amendment will serve to address the
question of how much development is appropriate at this location,
whether any additional development can be permitted where there is
no direct frontage and access to Bass Lake and whether it can be
accommodated by consent, as opposed to plan of subdivision.
The processing of this amendment and the related zoning by-law
amendment and consent applications will ~doubtedly serve to
identify all of the issues and concerns with regard to the two
additional lots, and how they will be addressed and ~plemented if
the two lots are to be permitted as a result of the approval of
this O. P. amendment.
It is the opinion of the writer that the creation of two
additional lots, by consent, neither of which will have frontage
on or direct access to the lake, will not offend the overall
purpose and intent of the Township's Official Plan and is
appropriate, provided that the balance of the land is removed from
the .. Shoreline" designation.
The new lots must be re-zoned to the .. Shoreline Residential" zone
and should also be subject to site plan control. The Township may
require as conditions of approval of the site plan and agreement,
among other things, the minimization of tree removal and
stormwater management roeas\lres to minimize impacts.
5.4 Zoning By-law
The lands are zoned "Agricultural/Rural (AlRu)" at this time. A
res1dence is a permitted use in this zone, but the frontage of the
lots already created and those proposed to be created does not
meet the zone standard for this zone.
As indicated above, the Official Plan provides that lots created
in the "Shoreline" designation should be zoned "Shoreline
Residential", Accordingly an applica.tion has been su:tm.itted for
consideration concurrently with the proposed Official Plan
~endment, to re-zone the entire area encompassing the five lots
to the "Shoreline Residential (SR)" zone,
All of the general requirements of the Zoning By-law, as well as
the pertinent provi5ions for the "SR" zone can and will be met.
01/12/00 WED 22:56 FAX 7054352626
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Figure 5:
Existing Zoning
'In/121M' WED 22:56 FAX 7054352628 DARLING,SMITH,McLEAN ~O17
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Figure 6; Proposed Zoning
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01/12/00 WED 22:56 FAX 7054352628
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5.4 Consents
Following the approval of the Official Plan and zoning by-law
amendments, two severance applications will be s~mitted for
consideration by the Township's Committee of Adjustment.
In the event that the Official Plan and/or the zoning by-law
amendment is referred/appealed to the Ontario Municipal Board, it ,
may be appropr iate to submit the two severance applications as
well, to ens-ure that they too are dealt with in a single
consolidated hearing.
5.5 Site Plan Approval
The two new lots should be required to be subject to site plan
approval, similar to the three lots previously created, to ensure
that the requirements of the Township can be properly enforced,
~ Servicing Cons~derations
The proposed development can be adequately serviced, and it will
not place an added burden on the Township.
Site conditions are suitable for the installation of individual
septic systems on each lot. There is every expectation on the part
of the owners that drilled wells will yield ~ple water to supply
each of the lots, in light of their recent experience in drilling
a well for their own use on the retained parcel, where large
quantities of potable water were obtained.
Stormwater will be managed on, and conducted from the subject
lands in accordance with the requirements of the Township, and
their requirements will be enforced through the site plan approval
and agreement processes.
Other services required by the development, such as hydro and
telephone, policing, fire fighting, solid waste disposal services,
etc. already exist and are adequate to serve this develof(Dent.
~ EnY1ronmuqt~1 an~Qt~~r CoDs~derations
This proposal involves a relatively small area of land which has
not been identified as having any significant biological feature
or environmental function which would indicate that an
environmental Lmpact assessment should be undertaken.
Nevertheless, the lands are tree covered, and their development,
as proposed, will result in the removal of some of the natural
vegetation.
M112l00 WED 22: 57 FAX 7054352628
DARLING,SMITH,McLEAN
!41 019
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----~.."".----_.~--_. ..~.._-_._--
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It is recomwended that, as part of the site plan agreement
required by the Township, as a condition of approval, that tree
removal be restricted to that which is necessary for the
construction of an entrance driveway, and for a dwelling and
septic s~tem envelope on each lot.
The lands are not situated within an area of high archaeological
significance or potential. No significant cult~al or historical
reso~ces will be impacted as a regult of this proposal.
Therefore, no detailed assessment is considered necessary.
8 . 0 DelllaDd and Beed for the Deve 1oPJI'I'J!1t
The lands from which the proposed lots are to be severed are part
of the lands designated in the Township's Official Plan tor this
purpose, and as such, are part of the invehtory of land available
from which the projected residential growth is to be derived over
the next 20 years. The creation of j~t five lots from this parcel
1s significantly fewer than the number possible, and the n~r
which the Township may have attributed to it as a pre-designated
development site.
. The owners of lots on the opposite side of. Greenwood Avenue have
expressed an interest in, and in fact, have entered into
agreements with the proponents, to p~chase two of the three
approved lots. At least one other adjacent owner has expressed a
desire to purchase a lot, albeit directly across the road from his
property, and beyond the area presently being proposed for
developnent.
The demand by residents already living in this area is therefore
certainly strong, and there is every reason to expect that the
lots will be absorbed and develo-ped in the very near f\lb.Ire.
.LJl Conclusions
1. The proposal conforms to provincial policy and to the Co\1nty
of. S~coe Official Plan.
2, The proposal conforms to the Tawnship's Official Plan. An
amendment to the Official Plan is required.
3. An amsndmant to the Zoning By-law is also required. All of
the requirements of the Zonlt'lg By-law can be met. Spec 1al
provisions are proposed to be incorporated to appropriately
control and regulate the development.
4. This development will be subject to site plan control.
5. All of the concerns and requirements of the Township and the
review agencies can be satisfi~d.
UI/IZ/UU W~V ZZ:D7 ~AX 7UD4JDZUZ~
VAKLINI", ~l\11ni,l\1CL.t:;AN
6. The proposal is environmentally so~d, and the site is well
~ited for the use proposed.
7. This development can be adequately serviced.
8. The proposal represents good and desirable development and
the use is compatible with surroUhding uses. .
10.0Recommendat~ons
The following recommendations are respectfully submitted:
1. That a date for a pub1.C meet~ng for both amendments
be set, and t:.he p-qb1ic moe'ting be1d a.t:. COUDci1"s
e.rl~est opportunity.
2. Tbat aaendaents to both the Town" 5 O:f:f~c~a1 P1an and
Zoning By-law be approyed to a.cco..odat:.e the proposal.
S. That consent app1icat:.i.ons for the two add1t~ona1 10ts
be appro'Yed, and,
4. That a detailed site p1an and re1ated technica1
informati.on be prepared and a site plan agreement be
executed and reg~stered.
Respectfully submitted
~~-'-~
Ron ~lls, President
NlillsPlan Consulting Services
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APPENDIX #2
PLANNING ADVISORY COMMITTEE
June 20, 2000
.
Robert and Theresa Spears
Part of Lots 1 and 2, Concession 13, (Oro)
County Road 22 and Greenwood Avenue
P-98/99
Proposal
The subject property is located in Concession 13, Part of Lots 1 and 2 and has
frontage on both County Road 22 (Horseshoe Valley Road) and Greenwood
Avenue. The property is a total of 131.42 acres in lot area. The applicant's have
applied for an Official Plan Amendment and Zoning By-law Amendment to
redesignate a portion of the property from Shoreline to Agricultural and to rezone
a portion of the property from Agricultural/Rural (NRU) to Shoreline Residential
(SR). The property was the subject of three consent applications, which were
conditionally approved, but had one of the conditions appealed by the. applicant.
Official Plan Currently - Agricultural, Horseshoe Valley Road Special Policy
Area, Environmental Protection Two Overlay, Environmental
Protection One, and Shoreline
Proposed - Same as above provisions to allow additional two
residential lots by consent
Zoning By-law
Currently - Agricultural/Rural (NRU) and Environmental
Protection (EP) Zone
Proposed - General Commercial (GC) and Agricultural/Rural
(NRU) Zones
Department Head Comments
Roads Superintendent - No Concerns
Manager of Public Works - No Concerns
Fire Chief -
Clerk -
Chief Building Official -
Recreation and Economic Development -
1
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Planning Department Comments
This application proceeded to a Public Meeting on April 5, 2000 and a copy of
the meeting minutes is attached for the Committee's review. At that meeting
correspondence was received and public comments were raised in regards to a
number of technical issues including: Official Plan policies, stormwater
management, drainage, erosion, tree retention, water supply and quality, traffic,
noise, impact on character of area.
.
,
In regards to a number of the technical matters the applicant has submitted a
site plan application and drawings which are currently being review by the
township staff and engineering consultant and will proceed through that process.
The site plan is a condition of the consent being granted and therefore is
required to be adopted by Council prior to final approval of the consents. If the
matter continues to be decided by the Ontario Municipal Board then this matter
may be resolved at that level as well.
A copy of the applicant's response to the public meeting comments was
forwarded with the agenda package.
Recommendation
It is recommended that Development Application P-97/99 a proposed Official
Plan Amendment and Zoning By-law Amendment, be presented to Council for
favorable consideration of the Official Plan Amendment and that the Zoning By-
law Amendment proceed subject to the final approval of the Official Plan
Amendment.
2
, " ,r j
nillsPlan Consulting Services
Box 207, 22 Church street S.
ALLISTON, Ontario L9R lV5
(705) 435-6267 Fax: 435-1037
June 7, 2000
.
To:
l1a1'or and Council,
Township of Oro-tledonte
Subject: SUIaar~ of/Resp-onse to Concerns Raised (Sp'earsl
As promised, I have prepared a summary of the major comments and
concerns expressed at the public meeting for the Spears Official
Plan and Zoning By-law amendments.
It has taken us some time to respond because we thought it
appropriate to have a report and a site development plan prepared
by a firm of qualified engineers, to address the more tech11ical
aspects of the proposal.
The engineer's report and site plan, which are intended to
accompany this report, are to be delivered to you under separate
cover on June 8, 2000, directly from the offices of C. C. Tatham
and Associates, consulting engineers of Orillia.
The following is a summary of the concerns and our response and
recommendations.
Official Plan
There were a number of objections raised by neighbouring
land owne r s to It an amendment to the 0 f f i c ia 1 Plan 1;vhi ch would all 01;'1
further residential de,,\'elopment at this location".
Clearly, this is not the purpose of the proposed amendment to the
Official Plan. Conversely, the amendment will remove the existing
"Shoreline" designation from the bulk of the lands, and in so
doing, it will have the effect of reducing the existing
development potential of these lands from approxima t.el1' 12 lots "
down to five lots,
This amendment is being requested strictly to satisfy a condition
of approve.l of the first three severances, These se"lrerances were
approved by the Township, and the decisions to approve them were
not appealed by any of the appro,~l authorities or the landoi~ers
of this area.
The additional provisions in the proposed amendm.ent relati1~ to
re~lirements for frontage on/access to the lake and regarding the
I ~,' I
necessity of a plan of subdivision are not essential to achieve
general conformity with the Official Plan, with respect to either
the original proposal for the creation of three lots, nor for the
current proposal for the creation of the two additional lots.
These provisions were being proposed by the proponents for
clarification only. We felt that, becausewe were being required to
go through the process of having to amend the Official Plan
anyway, we wanted there to be no doubt, when the Committee of
Adjustment deals with our two subsequent consent applications, .
that the two additional lots need not have frontage on/access to
the lake and that a plan of subdivision is not necessary. By
including provisions in the proposed amendment to this effect,
there would then be no question of interpretation or conformity
with the Plan.
In this way, we can also be assured that we will only t~ve to
endure this process once, and it will enable us to consolidate all
of the related matters into a single Ontario tlunicipal Board
hearing, should that still be necessary.
The approach we are taking here is entirely consistent with that
taken by the Township on at least two other occasions where more
than three lots were allowed to be created by consent without an
amendment to the Official Plan waiving the requirement of a plan
of subdi ,"'ision.
The Planning Act is quite clear - a plan of subdivision is only to
be required when it is deemed necessary. If it is not necessary,
the consent process is appropria t.e and the appro'val authority', in
this case, the Township, has all the same powers to regulate and
control the development as are available to it under the plan of
subdivision process.
As tor the frontage on/access to the lake requirement, these lands
were designated "Shorelinell despite there not being any direct
shoreline frontage available. This does not then preclude the
development of these lands, as this particular policy cannot
reasonably be applied or met. No Official Plan amer~ment would
have been necessary to address this requirement, in this instance.
I believe that the TOT,mship may have obtained ad"irise from the
plannil1g consultants who authored the Official Plan to this
et teet. It iifould be ,"'er)'" helpful if this inf orma tion could be made
available to both the proponents and the neighhours.
This amendment will remove existing development opportunities - it
will not grant any additional or new development opportunities
which are not already available to the OIDlers. One would think
that such an amendment, to eliminate the possibility of more lots
being created to the west of the Spears' entrance driveway, would
be whole-heartedly endorsed, in light of the concerns raised over
development in this area.
t,:
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Drainage and Stormwater tlanagement
It is acknowledged that there are some pre-existing drainage
problems in this area. This development will not result in the
current situation being made significantly worse.
It is not the responsibility of the proponents to rectify the
current problems. However, there are alternatives a'reilable to
address the current situation, which involve improvements within
the road allo"~nce of Greenwood Avenue and to the outlets.
The To"~ship has scheduled certain improvements to Greenwood
Avenue in this area, including replacement of existing culverts
and ditching which will serve to reduce to some extent the
existing problems. Although it is acknowledged that Development
Charges from this de"i7elopment cannot be specifically directed to
this project, additional tunds will be made available as a result
of this development for capital works required in the TOT~ship,
which may also accelerate the timing of the required work on
Greenwood Avenue.
If necessary, the development of the two additional lots could be
tied to the improvements required to be made to Greenwood Avenue
in this area, bJ7 means of a "Holding 1\ provision in the zoning by-
law as it relates to these two lots.
Erosion and Sedimentation
tleasures which would normally be required as a condition of site
plan appr01rel to control erosion and sedimentation should be
employed to prevent problems from occuring during the construction
phase of the de"i7elopment of the lots, and tUltil "i7egeta tion CO"i7er
has been re-established, as a condition of buildil~ permit
approval and occupancy of each dwelling.
Tree removal
It is true that trees will be removed, both from within the road
allowance and from the building and septic envelopes on the.
proposed lots, to accommodate the development. The remo"i~l of
trees from within the road allowance, which would have the
greatest im.pact relati're to the neighbouring properties on the
opposite side of Greenwood Avenue, will only be necessary to the
extent that improvements to the drainage s17stem (ditches) on the
west side of Greenwood Avenue are required.
Since this work will be done by the Township at some point in the
near future anyway, the necessity for the cutting of trees within
the road allowance cannot be tied to the development of the
subj ect lands.
This area has not been identified as being environmentally
significant and no environmental issues or concerns, other that
the ph17sical remo,~l of the trees, have been identif ied.
~..
The removal of the trees from the building and septic envelopes
al~ from area required for the driveways, will therefore result in
a change in appearance from a natural forest to a country
residential settil~, admittedly different from wrat exists, but
nevertheless compatible and appropriate for the area.
Imp'act on water sup.p.ly.
Water Quality.
The septic systems on each of the proposed lots will be fully
raised sand filter beds, as described in more detail in the
El~ineer's report. Such engineered, fully raised systems will
function effectively and reliabl~r at treating septic 1~stes. There
is no reason to expect or suggest that properly designed and
installed systems will result in the contamination of local
surface or groundwater resources.
.
The septic systems must be designed to meet all of the
requirements of the Ontario Building Code and will be installed in
accordance with all relev~nt stal~ards and requirements. Distance
separation requirements from THatercourses and from neighbouring
wells can and will be met.
Quantity. of Water
The owners have recently drilled a well on their property, with
the result being a large capacity well with good quality water. It
is suggested that the site plan agreement between the owners and
the To"mship require that the wells on each of the proposed lots
be drilled wells. Judging by the experience of the owners with
their own well, the acquifer in this area is capable of yielding
considerably more water then is required to supply the proposed
five new homes.
Traffic and Noise
A typical, permanent residential dwelling unit, on average,
results in approximately eight vehicle movements per day. This
development would therefore generate some additional 40 ,rehicle
movements per day, on average. The road is certainly capable of
accommodating the current traffic, and although some of the
neighbouring landowners would wish it to be further improved, the
addition of 40 vehicle movements per day does not irerrant any
improvements or increase the requirement for maintenance.
The proposed entrances will all be good safe entrances which meet
the design requirements of the Toymship.
The Township has plans to resurface this road in the very near
future, in any event, which should help to address the existing
concerns with the road.
J ".- t ..
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Size of lots
The lots exceed the requirements for the "Shoreline Residential"
zone. The engineer's report and plans clearly demonstarte that the
lots are sufficianly sized to accommodate their reasonable
development. The lots are considerably larger than most of the
existing lots in this area.
Comp'atibility. of Develop.ment
The development on the proposed lots will be single family homes
with individual services,' which will be entirely consitent and
compa tibIe ilTi th the existing de,"eIopment in this area.
Lake Access
There are two public access points nearby which are available to
the residents of these proposed lot to safely and legally access
Bass Lake.
I trust that this is appropriate and I look forTHard to meeting
with you and the Committee of the Whole next week.
R~
Ron tlills, tlillsPlan
c.c. R. and T. Spears
Present:
Mayor Beard
Deputy Mayor Bell
Councillor Lillian McConnell
Councillor Ralph Hough
Councillor Neil Craig
Councillor Ron Sommers (left at 8:45 p.m.)
Councillor Ruth Fountain
f' '
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SPECIAL PUBLIC MEETING UNDER THE PLANNING ACT
Proposed Amendment to the Official Plan and Zoning By-law - P-98/99
Cone. 13, Part of Lots 1 and 2 (formerly with the Township of Oro)
April 5, 2000 @ 8:20 p.m.
.
Staff Present:
Jennifer Zieleniewski, CAO; Andria Leigh,
Township Planner
Also Present:
Robert Spears, Ron Mills, S.T. Sharpe,
Martin Kimble, John Boville, Kris Menzies,
Owen Scott, C. Hewitt, J. Hewitt, L. Hewitt,
B. Boydell, S. Boydell, Sheldon Dyment,
Dawn McGinnis, Janet Dryden, Ernie
Dryden, Murray McGinnis, Joan Bell, John
Bell, Don Shepard, Carlton Waddling, Jean
Buckingham, Bruce Buckingham, Kathy
Lewis, Garry Lewis, Isabel Shepard, Greg
Evans Jr., Greg Evans Sr., Paul Davis,
Carolyn Davis, Jeff Maize, D. G. Brown,
John Vandermarel, Ingrid Vandermarel,
Ron Raphael, Jim O'Doherty, Linda Gilbert,
Joe Gilbert, Liz Pearce, Jack Pearce, Gord
and Fran Martyn, Richard Patton, John
Hare, Bob Campbell, Paul Marshall, D.
Hoet, Marilyn Hoet, Sylvia Telford, Theresa
Spears, Barbara Campbell, Ben Mudry,
Bob Shultz, Brian Goodreed, Jack
Haggarty, Shelly Dyment, Jim Grey,
Leonard Martin, John Hipwell (plus one
illegible signature on the sign-in sheet).
Mayor Beard called the meeting to order and advised that all persons present
would be afforded the opportunity of asking questions in respect to the
proposed rezoning.
It was indicated that correspondence has been received with respect to this
application from Ben Mudry, Randy Hewitt and Lynne Sutcliffe, Mr. and Mrs.
C. Hewitt, Arthur and Janice Chopty, Rodney J. Morrell, Ron Armstrong,
Sheldon Dyment, Robert Greenbaum, and Brian Hands.
Ms. Andria Leigh gave on overview of the purpose and effect of this proposal,
which would redesignate a portion of the property from the Shoreline
designation to an Agricultural designation, as well as from the Shoreline
designation on another portion of the property to a Site Specific Shoreline
designation. The rezoning of the property for another portion of the property
is to change from an Agricultural Rural zone to a Shoreline Residential zone.
Mr. Ron Mills, Planner, provided background information about this property
and spoke about this proposal on behalf of his client and new owner of this
site, Mr. Spears. Mr. Mills indicated that a report would be forthcoming to the
Township with respect to this application, which in turn could be provided to
residents who have presented concerns.
j ,;
Mr. Shelly Dyment, Greenwood Avenue, expressed concern about having two
additional homes being built if this proposal proceeds. He is concerned about
the loss of trees and the effect this would have on the lake and bacterial
levels. Concern was expressed about the water level and quality, the area
wells, the buffer provided by the trees against the snow in the winter, as well
as the increased traffic. He is worried that the original approved three homes,
now being considered for another two, would it just keep on growing until
there is a subdivision development on this property?
..
Mr. Greg Evans, resident, spoke about flooding problems from the subject
property and run off into the lake. He also expressed concern about
increased traffic and the change of character to the area.
Mr. Stan Boydell, Greenwood Avenue, voiced his concern about the access
to Bass Lake for the residents of the homes being proposed with this
application. "All the right-of-ways to the lake have been sold off by the
Municipality", leaving no alternative but to walk all the way down to the other
end of the road, or trespass on other properties.
Mr. Jim Grey, Greenwood Avenue, supported Mr. Boydell's concern about
people trespassing on his property. He is a seasonal resident, and what will
happen to his property when he is not there. He is also concerned about the
run off into the lake and flooding.
Mr. John Hare, resident, asked for clarification about the lot sizes and the
requirements for septic systems, etc. He thought each lot should be at least
an acre to allow the required two septic systems per lot. Mr. Mills indicated
that the septic regulations have recently changed, eliminating the need for the
second system on a single lot. They require septic systems to be engineered
based on soil, drainage, load conditions on a particular lot, and if necessary,
raised, which ensures that the system will be more efficient than in the past.
Mr. Greg Evans, Sr., resident, expressed his concern about property values
as a result of this application. He felt that values would go down, which is not
what people want.
Mr. Mills spoke about the Official Plan allowing for twelve lots on this site, and
the fact that the land has already been designated. He indicated that two of
the three lots already permitted have been purchased by residents directly
across the road from the site. As for lake access, Mr. Mills was optimistic that
people would have enough respect for the law not to trespass across people's
property to get to the lake.
Mr. Leonard Martin, Greenwood Avenue, supported the concern about the
number of houses climbing to the allowed twelve on this site.
Mr. John Hipwell, Greenwood Avenue, indicated that the size of the lots was
his main concern, saying that the lots should be bigger considering the type of
ground and the installation of wells and septic systems.
Moved by Hough, Seconded by McConnell
Be it resolved that this Public Meeting of Council re: Proposed Amendment to
the Official Plan and Zoning By-law, File P-98/99, Cone. 13, Part of Lots 1
and 2 (formerly within the Township of Oro), now be adjourned at 8:58 p.m.
Carried.