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03 30 2009 2009-ZBA-02 (Hillway Equipment) Public Agendaiilrtvtf�ii�s��f�w .: NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Monday March 30, 2009 at 7:00 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on a proposed amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the Zoning By -law Amendment is to amend the setback requirements for a portion of the lands described as Part of Lots 8 and 9, Concession 12 and Part of Lot 9, Concession 13, in the Township of Oro - Medonte (formerly Oro). The applicant (Hillway Equipment Limited) has requested to reduce the required 50 metre setback from the limits of extraction of mineral aggregate abutting wooded edges along the west side of the mineral extraction pit in Lot 8 and 9, Concession 12 and at an additional area located at the northeast area of the pit in Lot 9, Concession 13. The applicant is proposing to reduce the required 50 metre setback to 20 metres and 15 metres in different areas abutting wooded edges of the properties. The maximum annual extraction of mineral aggregate is proposed not to change as a result of this application. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and /or make written or verbal representation either in support of or in opposition to the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Department at 705 - 487 -2171. DATED at the Township of Oro- Medonte this 9th day of March, 2009. Andria Leigh, MCIP, RPP Director of Development Services S ONVI S iNVOndcfV r Z 31 VU -TJO Z m F1 f 44 (p;aj!tui-I juatudinbj SUAMPH) ZO-VUZ-60OZ Ministry of Natural Resources Midhurst District 2284 Nursery Road Midhurst, ON LOL 1X0 Tel: 705 - 725 -7500 Fax: 705 - 725 -7584 March 26, 2009 MEMORANDUM TO: Steven Farquharson, Planner Township of Oro - Medonte SUBJECT: Application to Amend Zoning By -law 97 -95 Hillway Equipment Limited (2009- ZBA -02) Ontario V j 1 %OV -'(_ Staff have reviewed the application for a zoning by -law amendment to revise the minimum 50m setback on Part Lots 8 and 9, Concession 12 and Part Lot 8, Concession 13, Township of Oro - Medonte (formerly Oro Township). This Ministry provided comments on a proposed aggregates site plan amendment at the above -noted location on December 5, 2008, a copy of which is included in the zoning application package. According to the zoning application, a reduction in setbacks is requested at three locations within the existing aggregate licence area: Lot 9, Concession 13 - reduction in setback from 50m to 20m Lot 9, Concession 12 - reduction in setback from 50m to 15m. Lot 8, Concession 12 - reduction in setback from 50m to 20m We have no objections to the first 2 reductions as listed above. The third setback should include an additional 15m setback as shown on the Reduced Setbacks plan attached to the application to ensure adequate protection of butternut on site. Butternut is protected under the Endangered Species Act (ESA) which came into effect on June 30, 2008. A 25m minimum buffer from the stem of the butternut is recommended to ensure harm to the trees does not occur as a result of site disturbance. Based on the evidence submitted by the applicant in support of the setback revisions and provided a 25m buffer is maintained around the butternut on site, this Ministry is satisfied that the amendments to the setbacks will not result in any negative impacts to the features and functions of the Rugby West provincially significant Life Science ANSI and to the butternut, an endangered species. Should you wish any further clarification regarding these comments please call. Yours truly, Brenda Robinson A /District Planner Midhurst District Tel: 705 - 725 -7546 Fax: 705 - 725 -7584 Email: brenda.robinson ccD,ontario.ca cc. Craig Laing, Aggregates Officer RECEIVED \m f Aid 3 0 2009 ORO-MEDONTE T_QWNS CA h Public Meeting - March 30, 2009 - Township of Oro Medonte Geraldine Abraham, Representative of Big Cedar Estates on the Citizen Liaison Committee A continual concern of the residents of Big Cedar Estates in regards to the l2t�' Line Pit is for the environment - the quality of the water, the quality of the air, the level of noise and the beauty of the landscape that Oro Medonte has to offer. T fie originars=',�'R=751-777777 conservation lands and it is my understanding, was an integral part of the original proposition. Now Hillway Equipment Limited wants to reduce the required 50 meter setback to 20 meters and 15 meters in different areas abutting wooded edges of the properties. Glen Stewart gave the Citizen Liaison Committee a tour of the areas involved. We were told that Tree Experts called in to study the woodlands that will be 20 meters or 15 meters from the digging if approved, confmned that there should not be any damage done to the trees. I hope that Mother Nature agrees with these findings. I X1 a &I Cat VM-, —11 — U.— Z111-17IM-17—SIL be an end to future amendments made by Hillway. Therefore, I must say that Big Cedar will not endorse any changes to the pit that will potentially put the use of any conservation lands at risk. Also, Big Cedar will not endorse any changes to the pit that will broaden its boundaries, thereby increasing the operating life of the pit. 12 Geraldine Abraham We Marg and Nelson ROBERTSON of Rural Route 1 Hawkestone Ontario Strongly OPPOSE the proposed changes of excavating withing 50 metres of our property edge to 20 metres or less. We respectfully submit out strong objections to this proposal: (1) Should excavating be within 20 metres or less of my property it will compromise the stability of my land. Erosion is a natural occurrence and the steep cliffs left by the excavating on the pit walls will accelerate the erosion process and in years may compromise the integrity of my land. This may cause a severe safety problem due to land slides thus directly impacting on my land. Typically quarries have little programs to prevent this type of erosion and there is no guarantee that this would not occur. In fact the opposite would happen, it will accelerate the erosion process due to the steep sides of the edge of the pit. The lack of any plant or vegetation growth on the sides of the pit walls will further accelerate the erosion process. The physics of the land itself being disturbed by heavy pit machinery is another factor that will affect the land stability. The side of this wall faces the west which is where most of our weather and winds, prevailing westerly winds, come from thus accelerating the erosion process. The wall integrity itself has been undermined from the excavating of material from the quarry. (2) The value of my property will decrease in value, whether from actual damage or projected damage that may occur as a result of such close proximity of the edge of the pit to my property edge. (3) This is a sensitive natural environment; the topography of my property is mixed forest. With mining so close to the edge of my property this may damage sensitive tree roots of trees close to the property edge. There are numerous large older maple trees and other mixed deciduous trees with extensive root systems that may extend beyond my property onto the adjacent land. This could kill or severely stress these trees at a time when invading species are causing enough stress on our native trees. The immediate water course may also be diverted that feed these trees as a direct result of the dirt being removed. These three points I wish the committee to consider and decline this proposed change. feel that safety being my first concern, that in time my property edge could become weakened and unstable, as the majority of the soil composition is sand. This could promote land slides in time. Again for the above reason we would suffer financial loss either due to direct land compromises or devalue of our property with a possible threat to the property edge. PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE TOWNSHIP OF OROP-MEDONTE ZONING BY -LAW 97m-95 APPLICATION TO AMEND ZONING BY-LAW 97 -95 APPLICATION 2009- ZBA -02 Part of Lots 8 and 9, Concession 12 and Part of Lot 9, Concession 13 Line 12 Public Meeting March 30, 2009 Application 2009;-ZBAm-02 • Purpose of Meeting — To obtain comments from the public regarding Application 2009- ZBA -02, an application to amend Zoning By -law 97 -95, as amended. • The application applies to lands located within Part of Lots 8 and 9, Concession 12 and Part of Lot 9, Concession 13, Township of Oro- Medonte (formerly Oro Township). • The application proposes to reduce the minimum 50m setback from the property line to the limit of aggregate extraction. Public Meeting March 30, 2009 Application 2009-ZBA=02 • Application 2009- ZBA -02 is proposing to reduce the required setback at four locations within the existing aggregate licence area: • Lot 9, Concession 13 - reduction in setback from 50m to 20m • Lot 9, Concession 12 - reduction in setback from 50m to 15m • Lot 8, Concession 12 - reduction in setback from 50m to 20m • Lot 8, Concession 12 - reduction in setback from 50m to 35m in the area where Butternut trees are present . • The subject lands are designated Mineral Aggregate Resource - Licenced by the Official Plan. • The subject lands are zoned Mineral Aggregate Resource One Exception 163 (MAR* 163) Zone. Only the setbacks noted in the exception paragraph is proposed to be amended. 111wiIII il�ird1I1�:�IC�! _ ea. PART OF LOTS Q & 9, 1. CONCESSION 12 AND [CENO EQ PART OF LOT 9, CONCESSION 13 ® TOWNSHIP OF ORO— MEDONTE COUNTY OF SIMCOE IN 1 / _ 1 I vrt or r�mmnrn'vm AODITONAL MOWS FOR SITE PLAN: _ _ _ _ �- - I TX€ SOVTHMEST CDRNflI OF M€ MIDVTCA4PL 9 ,.. ,. � . _ J BViTEIINVi $BIBACW WILL BE $T COD 4ND �1. N nn A,— w 4 � '� LAG4LD wnEN wE4THER AND 53L {pNpnDNS �sn 1 PERMi d. I: ] A NEAIM A55€45MENT OF THE SDMIAN IT -ES IPRDPDSED Ap DI TIDNAL AREA N 14� 20n SETBACK, DARING T M CAD9NJG :TO BE EXTRACTED 5.12 ha Vii. rr sL-ASpN. 91LL -TAKEN TO DETEawME tTME m,; aao,r cra. I 'EXCLUDING AOOITIONAL is 6 � Aenati .1 - HF, TSn sErDACx, -� I EER ra Ndtts BUTTERNUT SETBACK) J I; ti !F ' S5a�amN,nL �i ucErvcEO AREA nano na ry v SET€ACF PRidMAL AWEA TO 9193 nv 1 ..�.. . W r - BE E1TRACTEa ' L$? a , r XTAA AREA Rk ARto e[ Iw a3 ne Q ®A EXT —AC'IEDA 1 b i J /� RU yy USE — ICIIL RE tlE Tr I i 'I 9 ienc. m y It0�0EE61 \a _ I SETBA i PROPOSED ADDITIpVAL AREA ITO BL LXTRACTLD 0.98 ha 9 1 7/mz, ;. ,,j HILLWAY 12TH UNE PIT TO=T: P Or ORO— MEDONTE t - uNUCAN A,psurxl��Tn. REDUCED SETBACKS r, � � � � ✓— - � ; ��3.Om $. —58-826 826-2Nc Skit. Bramwell Pijl,-i-l'Ic Meeting March 30, 2009 Application 2009-ZBA=02 Hillway Equipment Ltd. Zoning By -law Amendment to Reduce Setbacks to Extraction Oro- Medonte Council April 1, 2009 1 i � & A S S O C I A T E S I "Adding Value to Your Enterprise" lton Brumwell r Ot Draft Zo n i J n By- law )nst. Inc, "` Amendment Hillway Equipment Ltd. 12 th Line Pit Draft wording for Zoning By -law Amendment 1. That Section 7 *163 of By -law 97 -95 be and is hereby amended by the deletion of clause "a)" and replacing it with the following subsection "a) setbacks to pit excavation: 1. adjacent the existing woodlots in the west half of Lot 8, and along the north side of the woods in Lot 9, Concession 12 shall be a minimum of 20 metres, 2. adjacent the existing woods in the west half of Lots 8 and 9, Concession 13 shall be a minimum of 20 metres, " FII Skelton Brumwell r r * ! N ewart )nst. Inc,, Planning Change 1 9, ND ']SIDN 1J DONTE DE SAL Es N E j LEGEND �44uvmrax zwzrvzsv. ea rx.� LICENCED — OFICINAL AREA TG 9].63 h. niaFTE� rOG6E MAM 81 ha E%T—AL —A 10 RE iM.v3. na HILLWAY 12TH LINE PIT TOWNSFIP OF DRO— MEDONTE APru T1 .r wur"rwr Lra REDUCED SETBACKS o�usu.�nnc EMCir��cas a � Ff Skelton Brumwell 0. tea onst. ORILLI LOT 7 LOT 5 —i- LOT 9 LOT 10 nc. Site Plan UN CONCESSION M CONCESSION KIII I= Lr M-2 zu ,-Ar pr ,Zg w 4: 9Mx ir., PART OF LOTS 8 & 9 CONCESSION 12 AND PART OF LOT 9 CONCESSION 13 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE IM 1= Xt —I ML 1. =7 11 . .... . ... LEGEND ,17 A A L -1 BERM DETAIL (xo.I scud ne 4 I HILLWAY 12TH LINE PIT TOWSHIP OF ORO-MEDONTE OPERATIONAL PLAN qq --88-8261, —88826-2 SMft Bmmwfl CONSULTING ENGINEERS & PLANNERS Ff Skelton Brumwell )m FII Skelton Brumwell it 50 m EN Skelton Brumwell r N ewart ) n st. Inc. ORILLIA 0 A GENERAL Site Plan Notes '£,-TES FINK SITE FLAk: 1 THE CORNER OF THE ADDITIONAL L . -: TTE -? ...` T SETBACK ' LL BE STAKED AND FLT FrL,E.1 °9' -r'HEN AEATHEFL AND OIL � N ITION RE�IVIIT. 2. A. HEALTH ASSES M E\J T OF TH I N THE 20m SETS A� . '.)UHI N SEASON, WLL BE U N 1ERTA Eft NEED FOR AN DIDI TI":.., j L 15m ATI FACTI rN OF THE f I D SITE PREPARATION 3 UTTER`N U T TREE: THEM TO DETERM I'l E THE ET3AI , TO THE 6. A BERM ALONG THE WEST SIDE OF AREA B WILL BE NO HIGHER THAN 2.0 M. Ff Skelton Brumwell Thank you Fjfl "Adding Oro- Medonte elto Enterprise"