05 25 2009 PAC AgendaPage
TOWNSHIP OF ORO- MEDONTE
PLANNING ADVISORY COMMITTEE
MEETING AGENDA
7 COUNCIL CHAMBERS
Township o�
Proud Heritage, Exciting Futsre DATE: MONDAY, MAY 25, 2009
TIME: 7:00 P.M.
1. OPENING OF THE MEETING BY THE CHAIR
2. ADOPTION OF AGENDA
Motion for Adoption
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF: - "IN ACCORDANCE WITH THE ACT"
4. MINUTES OF PREVIOUS MEETING
3 -6 a) Minutes of Planning Advisory Committee, meeting held on April 27, 2009.
5. PRESENTATIONS:
7 -21 a) Berardo Mascioli, Principal, Stratega Consulting Ltd., Proposed Lake Simcoe
Aeropark, Industrial /Business Park, West Half of Lot 18 and West Half of Lot 19,
Concession 8 (Oro), Township of Oro - Medonte.
6. PUBLIC MEETINGS:
None.
7. PLANNING APPLICATIONS:
22 -33 a) Report No. DS 2009 -27, Glenn White, Manager of Planning Services, re: Hillway
Equipment Ltd. 2009 - ZBA -02, Part of Lots 8 & 9, Concession 12, Part of Lot
9, Concession 13, Township of Oro - Medonte (Former Township of Oro).
34 -42 b) Report No. DS 2009 -28, Proposed Zoning By -law Amendment Application
2009 - ZBA -06, Ferris, 77 Line 12 North, Part of the West Half of Lot 19,
Concession 13 (Oro), Township of Oro - Medonte
43 -48 c) Planning Application Status Report, May, 2009.
8. CORRESPONDENCE AND COMMUNICATION:
49 -65 a) Tom Kurtz, correspondece dated May 20, 2009 and correspondence dated May
21, 2009 from Linda Babulic re: May 25, 2009 PAC Agenda Comments
Page 1 of 87
Page
8. CORRESPONDENCE AND COMMUNICATION:
66 -87 b) Mayor H.S. Hughes, Correspondence dated April 24, 2009 from Denis Kelly,
The Regional Municipality of York re: The Proposed Lake Simcoe Protection
Plan
[Addenda]
9. OTHER BUSINESS / EDUCATION:
a) Tom Kurtz, re: Source Water Protection Committee Update.
b) Andria Leigh, Director of Development Services, re: 2009 Summer Meeting
Schedule.
10. ADJOURNMENT
Motion for Adjournment
Page 2 of 87
Agenda Item # 4a) - Minutes of Planning Advisory Committee, meeting held on Apri...
TOWNSHIP OF ORO- MEDONTE
PLANNING ADVISORY COMMITTEE MINUTES
2006 -2010 TERM
April 27, 2009, 7:04 p.m.
Council Chambers
Present: Council Representatives
Public Representatives
Mayor H.S. Hughes (arrived @ 7:32 p.m.)
Linda Babulic
Deputy Mayor Ralph Hough
Roy Hastings
Councillor Terry Allison
Tom Kurtz
Councillor Mel Coutanche
Mary O'Farrell- Bowers
Councillor Sandy Agnew
Larry Tupling
Councillor John Crawford
Councillor Dwight Evans
Staff Present: Andria Leigh, Director of Development Services; Glenn White,
Manager of Planning Services; Steven Farquharson, Intermediate
Planner; Janette Teeter, Deputy Clerk
Also Present: Dan Amadio, Nick Karakis, Jim Woodford, Duncan Ferris, Doug Ferris,
Bill Stonkus, Jerry Young
OPENING OF MEETING BY CHAIR.
Deputy Mayor Ralph Hough assumed the chair and called the meeting to order.
ADOPTION OF THE AGENDA.
Motion No. PAC090427 -1
Moved by Tom Kurtz, Seconded by Mary O'Farrell- Bowers
It is recommended that the agenda for the Planning Advisory Committee meeting of
Monday, April 27, 2009 be received and adopted.
Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF: - "IN ACCORDANCE WITH THE ACT ".
None declared.
Page 3 of 87
Agenda Item # 4a) - Minutes of Planning Advisory Committee, meeting held on Apri...
4. MINUTES OF PREVIOUS MEETING— March 30, 2009.
Motion No. PAC090427 -2
Moved by Mary O'Farrell- Bowers, Seconded by Linda Babulic
It is recommended that the minutes of the Planning Advisory Committee Meeting held
on March 30, 2009 be received and adopted.
Carried.
5. PRESENTATIONS:
None.
6. PUBLIC MEETINGS:
a) Proposed Amendment to the Zoning By -Law, 2009 - ZBA -06, Part of Lot 19,
Concession 13 (Oro), Township of Oro - Medonte, 77 Line 12 North (Ferris).
Deputy Mayor Hough called the public meeting to order at 7:05 p.m. and explained the
public meeting has been called under the authority of the Planning Act, Section 34,
R.S.O. 1990 c.P.13, to obtain public comment with respect to a proposed Amendment
to the Zoning By -law, Application 2009 - ZBA -06 (Ferris), Part of Lot 19, Concession 13,
municipally known as 77 Line 12 North, (formerly within the Township of Oro), Township
of Oro - Medonte.
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on April 7, 2009 and posted on a sign on the subject property on the same
date.
The following correspondence was received at the meeting: Ministry of Transportation
dated April 23, 2009; Simcoe County District School Board dated April 27, 2009.
Steve Farquharson, Intermediate Planner, explained the purpose and effect of the
Proposed Amendment to the Zoning By -Law. A PowerPoint presentation was
presented.
The following public members offered verbal comments with respect to the proposed
amendment: Doug Ferris.
The Deputy Mayor advised that no additional deputations to Council will be permitted
with respect to the Proposed Amendment to the Zoning By -Law.
A digital recording of the meeting is available for review at the Township Administration
Centre, 148 Line 7 South.
There being no further comments or questions, the meeting adjourned at 7:15 p.m
Planning Advisory Committee Meeting
April 27, 2009, Page 2
Page 4 of 87
Agenda Item # 4a) - Minutes of Planning Advisory Committee, meeting held on Apri...
7. PLANNING APPLICATIONS:
a) Report No. DS 2009 -026, Steve Farquharson, Intermediate Planner, re: Proposed Redline
Revision —Draft Plan 43 -OM- 20001, P- 100/00, Part of North Half and South Half of Lot 3,
and Part of Lot 4, Concession 4 (Oro), Township of Oro - Medonte, (Horseshoe Valley
Lands).
Steve Farquharson, Intermediate Planner, provided an overview. A PowerPoint presentation
was presented.
Dan Amadio, MHBC Planning, provided comments on behalf of the owner of the application.
Nick Karakis, Cole Engineering Group Ltd., provided comments on behalf of the owner of the
application.
Motion No. PAC090427 -3
Moved by Larry Tupling, Seconded by Roy Hastings
It is recommended that
1. Report DS 2009 -026 Re: Proposed Redline Revision to Draft Plan of Subdivision —
Horseshoe Valley Lands Ltd. — P- 100/00 - (Adult Lifestyle Community) 43 -OM- 20001, Part
of the North Half and South Half of Lot 3, and Part of Lot 4, Concession 4, (Oro), Township
of Oro - Medonte, be received for information.
2. That the applicant be requested to revise the redline draft plan to address the comments
received from Aecom dated April 16, 2009 and comments from Planning Advisory
Committee at their meeting of April 27, 2009.
3. And Further That staff bring forward a subsequent report to the Planning Advisory
Committee once the revised redline plan is received and reviewed.
Carried.
8. CORRESPONDENCE AND COMMUNICATION:
None.
9. OTHER BUSINESS / EDUCATION:
a) Tom Kurtz, re: Source Water Protection Committee Update.
A PowerPoint presentation was presented.
Motion No. PAC090427 -4
Moved by Larry Tupling, Seconded by Roy Hastings
It is recommended that the verbal update presented by Tom Kurtz re: Source Water Protection
Committee be received.
Carried.
Planning Advisory Committee Meeting
April 27, 2009, Page 3
Page 5 of 87
Agenda Item # 4a) - Minutes of Planning Advisory Committee, meeting held on Apri...
b) Andria Leigh, Director of Development Services, re: Report No. DS 2009 -019 re:
Township Official Plan Review — Work Plan.
The Committee consented to allow Jerry Young to provide comments. Jim Woodford
provided a comment.
Motion No. PAC090427 -5
Moved by Roy Hastings, Seconded by Larry Tupling
It is recommended that
1. Report No. DS 2009 -018, Andria Leigh, Director of Development Services re: Officia
Plan Review —Work Plan be received and adopted.
2. That it is recommended to Council that the 2009/2010 Work Plan for the Official Plan
review and conformity exercise outlined in Report No. DS 2009 -018 be adopted.
3. And Further That, in accordance with the March 26, 2009 letter from George
Smitherman, Minister of Energy and Infrastructure, the Township of Oro - Medonte
submit a request for a one year extension until June 2010 to complete the Official
Plan review and conformity exercise.
10. ADJOURNMENT
Motion No. PAC090427 -6
Moved by Tom Kurtz, Seconded by Mary O'Farrell- Bowers
It is recommended that we do now adjourn at 8:29 p.m.
Carried.
Carried.
Chair, Director of Development Services,
Deputy Mayor Ralph Hough Andria Leigh
Deputy Clerk,
Janette Teeter
Planning Advisory Committee Meeting
April 27, 2009, Page 4
Page 6 of 87
F_
A, IM(_-01F.
A2R4r FFAP
(C- 01-- TSUL7INC LTD
Planning Status
Lake Simcoe Aeropark Industrial
Sub - Division
By Stratega Consulting
on behalf of
Lake Simcoe Aeropark Inc.
May, 2009
Page 7 of 87
LAKE rftA� SMC -0E
AER-OPARK
-- :-ONE
Introduction
• Lake Simcoe Aeropark Inc. (LSA) has filed a 77 Lot -212 Acre
Subdivision Plan next to Lake Simcoe Regional Airport (LSRA)
in Oro - Medonte Township.
• Proposal is for a fully serviced Business Park with a mix of lot
sizes in keeping with the Township's OP
• Servicing will include water, storm water management, sewage,
fire hydrant/sprinkler capacity, road ROW of 26 metres for large
vehicle access.
• Future LSA Tenants will benefit from immediate International
Airport Access.
Page 8 of 87
LAKE SMC -0E
AER-O A
Official Plan Designation is Industrial
Land Use Context
Page 9 of 87
LAKE SMCOE
AER-O A
ONSULTINGLTDe
Application Status
• LSA has filed a Plan of Subdivision Application with
the following studies:
— Traffic by Cole Engineering
— Archaeological by Central Archaeological Group
— Survey /Draft Plan Layout by CDN Land Surveyors
— Environmental Impact by RJ Burnside
— Functional Servicing and Stormwater by RJ Burnside
— Planning Report and Update by Stratega
• This project is now proceeding on a two -phase but
still comprehensive approach in regards to the
orderly development and servicing of the industrial
subdivision.
Page 10 of 87
LAKE SMC -0E
r- -(:)NSULnNG TD.
Conceptual Land Use
29
Area of Business Park Zone Uses °° ,m 00 =9m
798 a. 286.9] .. 1--
Approximately 38 Acres _
2-. m
Assume 50% Coverage i,.66gwmi
Area of Light Industrial Zone Uses 0 11 ~-
I I
I I
II I
Approximately 93 Acres
I
- 26.°°m �
Assume 50% Coverage - - -_ , °a s,- �.mt--- - - - - -- - - - - - --
i
--------- - - - - -- t-- - - - - --
Area of Warehouse Zone Uses i- ------ I
- Approximately 54 Acres °m --
I
Assume 60% Coverage E __ '
624600 ;6. m
Lake Simcoe -- - - - - --
Fast Fact: '�A9'ort' 6
- - - - - --
Based on 50% Coverage a Total of �w« : - --
Mm °a m
4 Million square feet of buildable
space is permitted in the Official Plate -. -m
I r
II I
T
Phase 2
Phase 1
40
Page 11 of 87
LAKE SMCOE
AER-O A
_, ONSULTINGLTD.
Aerial View
Aa
Confidential & Privileged
Lake Simcoe Aeropark Development (Phase 1)
Page 12 of 87
LAKE SMCOE
AER-O A
-- ONE
Development Phasing
As reports were completed, it was determined that there are
conflicting regulations and guidelines between Transport Canada
and the Lake Simcoe Region Conservation Authority in regards to
Airport operational safety and land usage that need to be
addressed.
The proposed development has now been divided into two phases,
Phase 1 being the West Half of Lot 19, Concession 8 and Phase 2
being the West Half of Lot 18, Concession 8 (where the land usage
conflict is found) to permit the additional studies and consultation
required to resolve this conflict in the Phase 2 development.
Page 13 of 87
Regulation Conflicts
Lake Simcoe Regional Conservation Authority's Fill Regulation Zone 179/06.
ez
Qras
e�
Qra's
y
Legend
WATERCOURSE
ROAD
REGULATION AREA
LOT CONCESSION
LSRCA JURISDICTION
MUNICIPAL BOUNDARY
L - - -�
LAKE SIMCOE
Page 14 of 87
LAKE SMCOE
AER-O A
-- ONE
Transportation Canada Safety Guideline.
Regulation Conflicts
1524 M 3.2 km Hazard Zone
Airport Reference Point
Runway Approach End
At
-�
Page 15 of 87
LAKE rftA� SMC -0E
AER-OPARK
-- :-ONE
Next Steps
• In keeping with the Township's Official Plan, it is respectfully requested that
as part of the draft plan conditions for the entire Subdivision, that the
portion of the lands requiring further study and consultation be placed with
a `Hold' designation.
• The Functional Servicing and Stormwater Report provides guidance and
direction for the orderly and comprehensive development and servicing for
the entire property in keeping with the Township's Special development
policy D7.5.2.
• It has been the position of the developer that when there is a conflict in the
regulations between commenting agencies, that issues of public and
aviation safety will ultimately take precedent over regulations that request
maintaining or enhancing wildlife habitat that is incompatible with the
predominate and influencing land usage, i.e., the Lake Simcoe Regional
Airport.
Page 16 of 87
LAKE SMC -0E
AER-O A
Next Steps
Section J4 of the OP discusses the interpretation of land use designation boundaries.
'It is recognized that the boundaries of the Environmental Protection One designation and Environmental Protection
Two overlay designation may be imprecise and subject to change.'— Any refinement to either the Environmental
Protection One designation or Environmental Protection Two overlay designation shall not require an Amendment to
this Plan.'
The Proposal seeks the
Township's consideration of the
overlay designation boundary
for EP1 and EP2 on the most
southerly portion of West Half
Lot 19 to be incorrect as the
lands in question have been
utilized for agricultural
purposes in the past, and that
the proposed road grid and lot
layout constitutes the most
efficient use for the Site as a
whole.
LEGEND
Environmental
Protection One
Agricultural
Rural Settlement
Area
Industrial
Commercial
Airport
19
o— Ceatt
Industrial /Commercial
OVERLAY DESIGNATIONS
u
Environmental
Protection Two
Page 17 of 87
LAKE SMC -0E
4- APB Next Steps
The proponent would like the support of the Township's Planning Advisory
Committee to instruct Township Planning Staff to:
1. Move expeditiously to prepare Draft Plan of Subdivision Conditions to
secure this Development proposal
2. Obtain and coordinate the final comments from all agencies prior to hosting
a Public Hearing to be held as soon as possible (i.e. June 2009)
3. Investigate and provide direction to the proponent, the Township and other
Stakeholders on how to coordinate the communal servicing of both the
Airport and Aeropark lands
4. Provide correspondence on the recommendations arising from this
Committee meeting and planning staff comments on this proposal to the
proponent.
Page 18 of 87
LAKE rftA� SMC -0E
AER-OPARK
-- _ :-ONE
Capacity /Cost Sharing
LSA is proposing to negotiate capacity and cost sharing of
development servicing opportunities with the Lake Simcoe
Regional Airport.
Adjacent land parcels and servicing systems can be leveraged
to achieve cost savings, better services and improved return on
investment on:
— Sewage treatment (Modular sewage treatment plant options
are being investigated for servicing)
— A modular STP has recently been commissioned in the
Town of Orangeville sufficient to serve 177 unit
residential subdivision — scaling to larger projects
possible
— Storm water management (Direction of storm water overland
flows to improve land utilization)
— Road intersections (Traffic management and flows)
— Fire hydrant/sprinkler capacity (Additional capacity and
extension of existing system)
Page 19 of 87
LAKE SMCOE
AER-O A
- -ONSULTINGLTD.
Cooperation Benefits
• Accelerated development timelines for Airport growth.
• Cost savings and quicker return on investment for
servicing expenses.
• Improved utilization and increased capacity of
valuable Airside Lands for business opportunities.
• Greater marketing opportunities and support for new
Airport business.
• Establishment of the `Critical Mass' for sustainable
business growth.
Page 20 of 87
LAKE SMCOE
AER-O A
Thank You
Stratega Consulting Ltd
www.strategaconsultinq.ca
416 504 -5361
www.lakesimcoeaeropark.ca
Page 21 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
Township nr f
REPORT i +C -/ ` . e ;�+
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS 2009 -027
Planning Advisory Committee
Glenn White, Manager of
Planning Services
Meeting Date:
Subject: Hillway Equipment
Motion #
May 25, 2009
Ltd. File 2009 - ZBA -02
Part of Lots 8 & 9, Concession
12, Part of Lot 9, Concession
Roll #:
R.M.S. File #:
010 - 005 -18100
13, Township of Oro - Medonte
D14 -38897
Former Township of Oro
RECOMMENDATION(S): Requires Action XX For Information Only
It is recommended:
1. THAT Report DS 2009 -027 be received and adopted;
2. THAT Zoning By -law Amendment Application 2009 - ZBA -02 for Hillway
Equipment Ltd., Part of Lots 8 & 9, Concession 12, Part of Lot 9, Concession 13,
Township of Oro - Medonte, (former Township of Oro) on Schedule A13 of Zoning
By -law 97 -95 (as amended) is hereby further amended by deleting the required
setbacks to pit excavation for the Mineral Aggregate Resource One Exception
163 (MAR1*163) Zone to permit adjacent to woodlot in Part of Lots 8 and 9,
Concession 12 and Part of Lot 9, Concession 13 a minimum of 15 metres, 20
metres and 35 metres in locations as identified on Schedule `2' attached hereto.
Further, the placement of berms or the storage of topsoil shall not be permitted in
the above noted setbacks to pit excavation adjacent to woodlots.
3. That the Clerk bring forward the appropriate By -law for Council's consideration.
BACKGROUND:
The purpose of this report is to consider a proposed Zoning By -law Amendment
application 2009 - ZBA -02 submitted by Skelton Brumwell & Associates Inc. on behalf of
Hillway Equipment Limited. Zoning Amendment Application 2009 - ZBA -02 is requesting
that the setback to the pit excavation be amended from the minimum 50 metres to the
requested 15, 20 and 35 metres setback at various locations abutting existing woodlots
on the east and west sides of the pit (as shown on attached Schedule 2). A 20 metre
setback is requested at the northeast corner of the pit in Part of Lot 9, Concession 13
DEVELOPMENT SERVICES
Report No. DS2009 -027
May 25, 2009
Page 1 of 12
Page 22 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
(Area A), and also a 20 metre setback is requested along the westerly property
boundary of the pit in Part of Lot 8, Concession 12 (Area C). Along the westerly
boundary of the pit located in Part of Lot 9, Concession 12 (Area B), the requested
setback is 15 metres. A 35 metre setback has been proposed in an area located in Part
of Lot 8, Concession 12 adjacent to where six immature butternut trees have been
located in Area C. The required setback abutting all non - woodlands areas in the
licensed aggregate pit is 15 metres except where the property abuts Line 12; the
required setback is 30 metres.
A public meeting was held on March 30, 2009 to receive comments from members of
the public and relevant agencies. The application was circulated to internal Township
Departments and outside agencies.
ANALYSIS:
The subject property is located on the east and west side of Line 12 located in Part of
Lot 8 and 9 of Concession 12 and Part of Lot 9, Concession 13, in the Township of Oro -
Medonte. The licensed mineral aggregate pit surrounds two properties used for
residential purposes located on the west side of Line 12. The licensed mineral
aggregate pit consists of approximately 110.6 ha of land. The aggregate licence issued
to Hillway Equipment Limited is for an annual extraction of a maximum of 650,000 tones
and does not change as result of the requested reduced setbacks to the limits of
excavation.
The total licenced area of the aggregate pit was 110.6 ha which represent the area right
to the property lines. The original area to be extracted was 97.93 ha. The area of the
reduced required setbacks will represent an additional area of 6.1 ha which could be
extracted. This will result in a total area to be extracted to be 104.03 ha. The total
annual amount of extraction will not increase (650,000 tonnes), however, the total area
for extraction will increase (6.1 ha) thus giving more area and flexibility of choice in
where to extract. The applicant's consultant has indicated there is no impact on traffic
generation from the pit since annual extraction will not change.
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Township of Oro - Medonte Official Plan:
The subject property is designated "Mineral Aggregate Resource — Licenced Area" on
Schedule "A" of the Official Plan. The Township of Oro - Medonte Official Plan identifies
one environmental feature on lands adjacent to the pit lands. These lands are
designated "Oro Moraine Core /Corridor Area" as identified on Schedule "A" of the
Official Plan. Schedule "B "- "Natural Features" has identified the same area as a
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027 Page 2 of 12
Page 23 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
Provincially Significant ANSI (EP1). The Rugby West ANSI feature is located to the
west of the pit in Lot 8 and 9, Concession 12.
The applicant has submitted an ecological investigations report with the application to
amend the Zoning By -law. These studies were submitted to address the requirements
of the Official Plan. The studies were reviewed by the Ministry of Natural Resources
(the commenting agency) and found to be acceptable and met their requirements.
Zoning By -law 97 -95:
The subject lands are presently zoned Mineral Aggregate Resource One Exception 163
(MAR1 *163) Zone. Exception 163 provides the following:
a) setback to pit excavation, adjacent to existing woodlots in the west half of
Lots 8 and 9, concession 12 and in the west Lots 8 and 9, concession 13,
shall be a minimum of 50 metres,
b) No washing of aggregate on site is permitted,
c) No extraction below 1.5 metres above the water table is permitted.
(Please note there is a mistake contained in the text of exception 163 regarding the property description.
In the rest of the text of the original By -law 2005 -098, the property description was described correctly.)
Zoning Amendment Application 2009- ZBA -02 is requesting that the setback to the pit
excavation be amended from the minimum 50 metres to the requested 15, 20 and 35
metres setback at various locations abutting existing woodlots on the east and west
sides of the pit (as shown on attached Zoning By -law schedule). A 20 metre setback is
requested at the northeast corner of the pit in Part of Lot 9, Concession 13 (Area A),
and also a 20 metre setback is requested along the westerly property boundary of the
pit in Part of Lot 8, Concession 12 (Area C). Along the westerly boundary of the pit
located in Part of Lot 9, Concession 12 (Area B), the requested setback is 15 metres. A
35 metre setback has been proposed in an area located in Part of Lot 8, Concession 12
adjacent to where six immature butternut trees have been located in Area C. The
Ministry of Natural Resources has requested a minimum 25 metre radius protective
buffer from the stem of the butternut must be maintained. The applicant is exceeding
that buffer with the above noted 35 metre setback in the area adjacent to the butternut.
It is noted that the MAR1 Zone in Zoning By -law 97 -95 requires that no part of a pit
shall be located closer than 30 metres from a street or a Residential Zone or 15 metre
from any interior side or rear lot line that not serve as a Residential Zone boundary. No
setback from the interior side or rear lot line that serves as a boundary between two or
more lots that are in the MAR1 Zone. Therefore, the proposed 15 metre and 20 metre
setbacks would meet and exceed the normal By -law setback requirements for a pit.
County Official Plan
Township staff reviewed both the County Official Plan currently in effect as well as the
Plan adopted by County Council in November 2008 but not yet in full force and effect.
Section 4.4.1 of the new County Official Plan includes policies that mineral aggregate
operations shall be located according to the following criteria:
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027 Page 3 of 12
Page 24 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
- Shall not be permitted on adjacent lands to the natural heritage features and
areas identified above unless the ecological function of the adjacent lands
has been evaluated and it has been demonstrated that there will be no
negative impacts on the natural features or on their ecological functions.
The applicant has submitted an ecological investigations study to address this policy.
The Ministry of Natural Resources memo of March 26, 2009 confirms satisfaction of this
policy and states the following: "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."
Provincial Policy Statement
The Provincial Policy Statement (PPS) states in Section 2.5.1: "Mineral aggregate
resources shall be protected for long -term use." Section 2.5.2.1 states: "As much of the
mineral aggregate resources as is realistically possible shall be made available as close
to markets as possible." Section 2.5.2.2 states that "Extraction shall be undertaken in a
manner which minimizes social and environmental impacts." Section 2.5.2.3 states:
"The conservation of mineral aggregate resources should be promoted by making
provision for the recovery of these resources, wherever feasible."
The PPS contains policies to protect the mineral aggregate resource for long -term use.
The operation of an aggregate pit is a permitted use by the Township's Official Plan and
Zoning By -law. This zoning amendment application is to consider a proposed reduction
in setbacks to limit of extraction not the issue of use. With the submission of the
environmental studies and the accepting and approval from the Ministry of Natural
Resources, this proposed zoning amendment application is considered to be consistent
with the Provincial Policy Statement.
Places to Grow
Under the Chapter 4, "Protecting What is Valuable ", the Places to Grow - Growth Plan
contains policies related to mineral aggregate resources. Section 4.2.3 states the
following:
1. Through sub -area assessment, the Ministers of Public Infrastructure
Renewal and Natural Resources will work with municipalities, producers of
mineral aggregate resources, and other stakeholders to identify significant
mineral aggregate resources for the Greater Golden Horseshoe (GGH), and
to develop a long -term strategy for ensuring the wise use, conservation,
availability and management of mineral aggregate resources in the GGH, as
well as identifying opportunities for resource recovery and for co- ordinated
approaches to rehabilitation where feasible."
The Growth Plan does not have policies directly related to site specific setbacks for the
operation of an aggregate pit, however, does recommend a long -term strategy for
ensuring the wise use, conservation, availability and management of mineral aggregate
resources.
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027 Page 4 of 12
Page 25 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
Ecological Investigations
The applicant has submitted an Ecological Investigations report which has evaluated
the proposed new setbacks to the areas of excavation adjacent to wood lot/wood land on
the boundaries of the licenced aggregate pit. The ecological investigations and
evaluation of the health and effect of the reduced setback on the adjacent woodland
features were conducted by Mr. Peter Gill, Landscape Consultant and Registered
Professional Forester with additional ecological consideration conducted by David
Hawke. The intent and scope of the investigation was reviewed by staff of the Ministry
of Natural Resources in September and November of 2008 before they were submitted
to the Township in support of Zoning Amendment Application 2009- ZBA -02. The
investigation reviewed ecological features and their functions of the adjacent woodlands
and the Rugby West ANSI and conducted an evaluation and analysis of the potential
impacts of the proposed setback reduction of the extraction upon these features and
their functions. The Rugby West ANSI is located approximately 100 and 150 metres to
the west of the westerly boundary of the pit in Lots 8 and 9, Concession 12.
The consultants concluded that the existing open field buffers could be reduced to the
proposed setbacks of this application without adversely affecting the health and quality
of the adjoining woodlands.
Ministry of Natural Resources
The submitted Ecological Investigations study was circulated to the Ministry of Natural
Resources for comment. On March 26, 2009, Planning Staff received the following
comments from the MNR:
"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.
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."
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027 Page 5 of 12
Page 26 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
CONSULTATIONS:
No concerns were given by both internal departments. The Ministry of Natural
Resources has provided comment as detailed above. There were verbal and written
comments received from surrounding neighboring residents at the public meeting on
March 30, 2009.
Comments received from the public at the March 30, 2009 Public meeting were mainly
of concern about the proposal to expression of non - support and one comment of no
objection. Some residents would not endorse any changes to the pit that will potentially
put the use of any conservation lands at risk. Some residents expressed concerns and
not supporting the proposed 15m setback abutting the west property line in Part Lot 9,
Concession 12. Other concerns expressed were related to the possibility that berms
and top soil can be stored in the area of the proposed setbacks. Other topics of
concern were related to erosion and the stability of abutting owner's property with the
reduced setbacks, damage to tree roots and decrease in property values
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Reduced Setback Site Plan
Schedule 3: Draft By -law
CONCLUSION:
Zoning Amendment Application 2009- ZBA -02 proposes to reduce the required 50 metre
setback to pit excavation adjacent to existing woodlots located in Part of Lots 8 and 9,
Concession 12 and Part of Lot 9, Concession 13. A 20 metre setback is requested at
the northeast corner of the pit in Part of Lot 9, Concession 13 (Area A), and also a 20
metre setback is requested along the westerly property boundary of the pit in Part of Lot
8, Concession 12 (Area C). Also along the westerly boundary of the pit located in Part
of Lot 9, Concession 12 (Area B), the requested setback is 15 metres. A 35 metre
setback has been proposed in an area located in Part of Lot 8, Concession 12 adjacent
to where six immature butternut trees have been located in Area C. Please refer to
attached site plan for setback locations.
The Ministry of Natural Resources 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."
Planning staff support the proposed reduction of the setbacks to the pit excavation
adjacent to the woodlots. Staff also recommends that no berming be permitted within
the proposed reduced setback. This would address comments received during the
Public Meeting of March 30, 2009.
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027 Page 6 of 12
Page 27 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
The proposed Zoning By -law Amendment conforms to the general intent of the Official
Plan and the provisions of the Zoning By -law. On this basis, it is recommended that
Zoning By -law Amendment Application 2009- ZBA -02 be approved and adopted by
Council. The Zoning By -law Amendment is attached for reference.
Respectfully submitted:
Glenn White, MCIP, RPP
Manager of Planning Services
SMT Approval / Comments:
DEVELOPMENT SERVICES
Report No. DS2009 -027
C.A.O. Approval / Comments:
stay 25, 2009
Page 7 of 12
Page 28 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
SCHEDULE 1: LOCATION MAP
2009- ZBA -02 (Hillway Equipment Ltd.)
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DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027 Page 8 of 12
Page 29 of 87
Agenda Item # 7a) - Report No. IDS 2009-27, Glenn White, Manager of Planning Sery
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Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
Schedule 3: Draft By -law
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY- LAW NO. 2009- xxx
A By -law to amend the zoning provisions which apply to lands within
Part of Lots 8 and 9, Concession 12 and Part of Lot 9, Concession 13
(Former Township of Oro),
now in the Township of Oro - Medonte
(Hillway Equipment Ltd. 2009- ZBA -02)
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is
empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the
Planning Act, R.S.O. 1990, c.P.13;
AND WHEREAS Council deems it appropriate to amend an exception to the Zoning By-
law to permit the development of mineral aggregate resources uses, in accordance with
Section C12 of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
hereby enacts as follows:
Schedule `A13' to Zoning By -law 97 -95, as amended, is hereby further
amended by changing the required setbacks to pit excavation applying to the
lands located in Part of Lots 8 and 9, Concession 12 and Part of Lot 9,
Concession 13, in the former geographic Township of Oro, now in the
Township of Oro - Medonte, contained in the Mineral Aggregate Resource One
Exception 163 (MAR1 *163) Zone as shown on Schedule `A' attached hereto
and forming part of this By -law.
2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further
amended by deleting subsection a) and adding the following subsection:
"7.163 *163 — Part of Lots 8 and 9, Concession 12 and Part of Lot 9,
Concession 13 (Former Oro), now Township of Oro - Medonte.
(a) setbacks to pit excavation, adjacent to woodlot in Part of Lots 8 and 9,
Concession 12 and Part of Lot 9, Concession 13 shall be a minimum of 15
metres, 20 metres and 35 metres in locations as identified on Schedule `A'
attached hereto. The placement of berms or the storage of topsoil shall not
be permitted in the above noted setbacks to pit excavation adjacent to
woodlots.
This By -law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
BY -LAW READ A FIRST AND SECOND TIME THIS DAY OF , 2009.
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027
Page 31 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027
Page 32 of 87
Agenda Item # 7a) - Report No. DS 2009 -27, Glenn White, Manager of Planning Sery
Schedule A' to By -/a w
No. 2009 -xxx
This is Schedule 'A' to By -Law 2009 -xxx
passed the day of , 2009.
Mayor
H.S. Hughes
Clerk
J. Douglas Irwin
TOWNSHIP OF ORO- MEDONTE
(FILE 2009- ZBA -02)
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -027
Page 33 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
�7'ou�t� z�o, f
REPORT
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2009 -028
Planning Advisory Committee
Andria Leigh, Director of
Development Services
Meeting Date:
Subject: Proposed Zoning By-
Motion #
May 25, 2009
law Amendment Application
2009 - ZBA -06, Ferris, 77 Line
12 North, Part of the West Half
Roll #:
R.M.S. File #:
010-005-10100
of Lot 19, Concession 13
D14 39078
(Oro), Township of Oro -
Medonte
RECOMMENDATION(S): Requires Action For Information Only
It is recommended:
1. THAT Report DS 2009 -028 be received and adopted; and
2. THAT Zoning By -law Amendment Application 2009 - ZBA -06 for Ferris, 77 Line 12
North, Part of the West Half of Lot 19, Concession 13 (Oro), Township of Oro -
Medonte on Schedule All of Zoning By -law 97 -95, as amended, from the Rural
Residential Two (RUR2) Zone to the Agricultural /Rural Exception 188 Holding
(A/RU *188(H)) 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 the 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 north of Highway 11 on the east side of Line 12 North being Part of the West
Half of Lot 19, Concession 13 and municipally known as 77 Line 12 North as noted in
Attachment #1 of this report.
A public meeting was held on April 27, 2009 to receive comments from members of the
public and relevant agencies. The application was circulated to internal Township
Departments and outside agencies, and comments were received from the Township
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 1 of 7
Page 34 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
Transportation and Environmental Services and the Ministry of Transportation. The
Transportation and Environmental Services department comments identify the
requirement for a permit to be obtained for the proposed driveway widening (Area B
identified in Attachment #2) which can be addressed through the Site Plan process.
The Ministry of Transportation comments indicate the requirement for all features
relevant to the site (fire route, parking, loading areas, storage, buildings) to be located
beyond the Ministry's 14.0 setback — all development identified on the site plan is further
than the 14.0 setback; and also the requirement for both a sign and building and land
use permit —the applicant will be required to obtain both in order for the site plan to be
considered by Council. No additional public comments were received at the meeting
or subsequently in writing. 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 12 North immediately north of Highway 11. The
property has 173 metres of frontage on Line 12 North with a depth of 45 metres and a
lot area of 0.79 hectares.
The proposed home industry will conduct the repair, maintenance, and sale of
agricultural, small industrial, and recreational equipment. The applicant has been
conducting a smaller scale more informal version of this business primarily related to
agricultural equipment for a number of years; but has indicated that they wish to expand
the business to include the additional types of equipment. The site plan identifies a
potential coverall structure for additional storage, a sign, and also a new gravel lot for
the storage of equipment associated with the home industry all of which would be over
60 metres from the Highway 11 corridor. As noted above, permits for the site from the
MTO will be required as part of the Site Plan process.
The Zoning By -law Amendment Application proposes to amend the zoning of the
subject parcel from Rural Residential Two (RUR2) Zone to an Agricultural /Rural
Exception Holding (A/RU*188(H)) 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.
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 2 of 7
Page 35 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
POLICIES /LEGISLATION:
Township of Oro - Medonte Official Plan:
The subject lands are designated "Agricultural" by the Township of Oro - Medonte Official
Plan. The Agricultural 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.
Home industries may include welding, carpentry, or machine shops, or 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 home 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 existing barn structure contains a floor area of approximately
1120 square feet. The future coverall would propose an additional 1500 square
foot (maximum) on the property.
c) The home industry and any activity area associated with the home industry is
setback from all lot lines by at least 30 metres; The new building associated with
the home industry are proposed to be a minimum of 12 metres from all property
lines which will be enforced through the site plan and building permit approvals.
d) The noise, dust, odour that could potentially emanate from the use will not have
an adverse impact on adjacent properties; The storage is intended to be located
within the existing and proposed buildings and the outdoor storage area, no
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 additional traffic anticipated to
the site would be the delivery and pick up of equipment and would be consistent
with current traffic usage on this road. The applicant has indicated in the
application a maximum of five vehicles attending the site per day.
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
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 3 of 7
Page 36 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
approval process storage of machinery and equipment within enclosed buildings
or compounds 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 equipment and
material storage has been identified and appropriate screening will be confirmed
through the site plan control process.
i) The home industry has a limited number of employees, The applicant has
advised that the number of employees required for this business is currently two
and could include limited additional student help.
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 identified in the site specific zoning and will be
controlled through the site plan agreement.
It is also noted that the Official Plan requires the development of a new home industry to
be subject to Site Plan Control.
Zoning By -law 97 -95:
The subject parcel of land is presently zoned Rural Residential Two; the proposed
zoning by -law amendment proposes to amend to a site specific Agricultural /Rural zone
to permit the home industry, recognize the lot area and setbacks identified in this report.
The subject parcel is 0.78 hectares (1.95 acres) in total lot area and will provide a 12
metre minimum setback from all property lines for the home industry.
CONSULTATIONS:
Township departments — Transportation requirement for new driveway permit for
enlarged driveway.
MTO — identify requirement for Building and Land Use Permit and Sign Permit as part of
Site Plan process.
ATTACHMENTS:
Attachment #1 Location Map
Attachment #2 Applicant's Site Plan Drawing
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 4 of 7
Page 37 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
CONCLUSION:
The proposed Zoning By -law Amendment conforms to the general intent of the Official
Plan and the provisions of the Zoning By -law. On this basis, it is recommended that
Zoning By -law Amendment Application 2009- ZBA -06 be approved and adopted by
Council.
Respectfully submitted:
s
Andria Leigh, MCIP, RPP
Director of Development Services
SMT Approval / Comments: I C.A.O. Approval / Comments:
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 5 of 7
Page 38 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
ATTACHMENT 1: LOCATION MAP
2009- ZBA- 06(Ferris)
®LANDS TO DE REZONED FROM THE IV
RURAL RESIDENTIAL TWO (RUR2) ZONE TO'THE
AGRICULTURAURURAL EXCEPTION 188 HOLDING (A/RU-1 88(H)) ZONE
N
Z
J
77 LINE 12 NORTH /
F
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i ! N
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<' 0 20 80 80 120 160
Meters
i
DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 6 of 7
Page 39 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
ATTACHMENT 2: SITE PLAN
2009- ZBA- 06(Ferris)
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DEVELOPMENT SERVICES May 25, 2009
Report No. DS2009 -028 Page 7 of 7
Page 40 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY- LAW NO. 2009 -063
A By -law to amend the zoning provisions which apply to lands within
Part of Lot 19, Concession 13, 77 Line 12 North (Former Township of Oro),
now in the Township of Oro - Medonte
(Ferris 2009- ZBA -06)
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to
pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O.
1990, c.P.13;
AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of
home industries, in accordance with Section C1.3.3 of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby
enacts as follows:
1. Schedule 'At 1' to Zoning By -law 97 -95, as amended, is hereby further amended by
changing the zone symbol applying to the land located in Part of Lot 19, Concession
13, municipally known as 77 Line 12 North, in the former geographic Township of
Oro, now in the Township of Oro - Medonte, from Rural Residential Two (RUR2) Zone
to the Agricultural /Rural Exception Holding (A/RU *188 (H)) as shown on Schedule 'A'
attached hereto and forming part of this By -law.
2. Section 7 —Exceptions of Zoning By -law 97 -95 as amended is hereby further
amended by the addition of the following subsection:
"7.185 *188 — Part of Lot 19, Concession 13, (Former Oro)
municipally known as 77 Line 12 North,
(a) Notwithstanding any other provision in this By -law, a Home Industry for
the repair, maintenance, and sale of agricultural, small industrial and
recreation equipment is permitted on the lands denoted by the symbol
*188 on the schedule to this By -law." as shown on Schedule "A" to this
By -law;
In addition the following provision applies:
(b) Minimum lot area 0.78 hectares (1.95 acres)
(c) Minimum required yard adjacent
to any lot line 12 metres (39.3 feet) ".
3. The lands zoned Agricultural/Rural Exception (A/RU *188) shall be subject to
a Holding (H) Provision in accordance with Section 2.5 of By -law 97 -95, as
amended. The Holding Provision shall not be removed until a Site Plan
Agreement that is satisfactory to Council has been entered into.
4. This By -law shall come into effect upon the date of passage hereof, subject to the
provisions of the Planning Act, as amended.
BY -LAW READ A FIRST AND SECOND TIME THIS 27T" DAY OF MAY, 2009.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 41 of 87
Agenda Item # 7b) - Report No. DS 2009 -28, Proposed Zoning By -law Amendment
Appl...
Schedule 'A' to By -law
No. 2009 -063
This is Schedule 'A' to By -Law 2009 -063
passed the day of , 2009.
LANDS REZONED FROM THE I 1 ii'
RE
® RURAL RESIDENTIAL TWO (RUR2) ZONE TO THE
AGRICU LTURAURURAL EXCEPTION 188 HOLDING (IVRU`188(H))ZONE
N I
W
z
TT LINE 12
irr'
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z
J 0 20 40 80 120 160
i Meters
Mayor
H.S. Hughes
Clerk
J. Douglas Irwin
TOWNSHIP OF ORO- MEDONTE
(FILE 2009- ZBA -06)
Page 42 of 87
Agenda Item # 7c) - Planning Application Status Report, May, 2009.
\Q OF OR0,4,
O
TOWNSHIP OF ORO- MEDONTE
MEMORANDUM
To: Planning Advisory Committee
cc: Robin Dunn, C.A.O., Department Heads
From: Andria Leigh, Director of R.M. File #:
Development Services
Date: May 25, 2009 Roll #:
Subject: Status - Planning Applications
FILE AND LEGAL
TYPE OF
STATUS
RECOMMENDED ACTION
DESCRIPTION
APPLICATION
D1
Official Plan
Application approved
Applicant met with Staff
Ucci, D09 P115/01
Amendment for Adult
by Ontario Municipal
regarding Plan of Condominium
Part of Lot 27, Conc. 5
Lifestyle Community
Board for 40 units
and Site Plan Application
(Oro)
and golf course.
submissions. Await submission
of applications for review.
D2
Re- zoning from
Refused by Council,
Decision regarding Plan of
Thatcher, D14 P138/02
Agricultural /Rural
OMB Hearing
Subdivision and Zoning OMB
Part of Lot 15, Conc. 9
Exception to
adjourned until plan
appeal reviewed by Council
(Medonte)
Residential One
of sub application
March 25, 2009.
Holding Zone
(2004- SUB -02) is
Zoning By -law 2009 -044
17 residential lots
processed by Twp
approved April 8, 2009.
D3
Re- zoning from
Ltr received from
Letter to applicant regarding
1254554 Ontario Limited
General Commercial
applicant's solicitor,
status and outstanding
(Ken Secord), D14 (03)
to General
hired transportation
materials, file to be closed.
P145/03,
Commercial
consultant to address
Part of Lot 15, Conc.1,
Exception to permit
MTO letter and
51 R -2993, Part 1 and
auction sales
required approvals
51 R- 27229, Part 2
Orillia
Page 43 of 87
Agenda Item # 7c) - Planning Application Status Report, May, 2009.
FILE AND LEGAL
TYPE OF
STATUS
RECOMMENDED ACTION
DESCRIPTION
APPLICATION
D4
Official Plan & Zoning
Application on hold
Application to be processed
1204600 Ontario Ltd,
Amendments and
pending
subsequent to Council decision
D09, D14, & D12 P-
Plan of Subdivision to
consideration of
regarding Craighurst Secondary
146/03 & S -1/03, Lots 18-
permit 183 residential
Craighurst Secondary
Plan.
36, Plan 91, Part of Lot
lot subdivision
Plan (OPA # 27)
Craighurst Secondary Plan
41 & 42, Conc. 1
report going to Council in May
(Medonte)
2009.
D5
Official Plan
Application circulation
None at this time
Blueberry Beach (Robert
Amendment to
complete, comments
Lean), 2004- OPA -01,
expand Shoreline
provided to applicant
2004 - ZBA -05
designation to permit
for revisions to
East Part of Lot 20, Conc.
creation of residential
application
1 (Orillia)
lots, re- zoning to
Shoreline Residential
zone
D6
Site Specific
Approved by
OMB hearing scheduled for
Ian & Lori Webb, D 09
designation to permit
Township; awaiting
December 2008 adjourned. New
(05) 2005- OPA -02
severance of
County approval.
hearing date has not been
Conc. 11, N Pt Lot 3
veterinary clinic
County OPA
confirmed.
(Medonte), 3808 Line 11
approved; awaiting
North
MMAH approval.
D7
Re- zoning from
Awaiting circulation
Waiting action from the applicant
638230 Ont. Ltd. (Keyzer)
Agricultural /Rural to
comments prior to a
D 14 (05) 2005 -ZBA- 33,
Residential One,
preliminary report to
Part of Lot 5, Conc. 13
Draft Plan of
PAC
(Medonte)
Subdivision Approved
for 55 residential lots
D8
Rezoning from A /RU
Circulation completed
None at this time.
Kellwat Ltd & Fred Grant
to R1* Zone, and
to department heads
Square Ltd. D 12 (06), D
Plan of Subdivision
and agencies.
14 (06), 2006 - SUB -01,
for 97 lot residential
Applicant considering
2006 - ZBA -01, Conc. 4,
subdivision
alternate designs and
South Part Lot 4 (Oro)
pending servicing
Township of Oro-
General Zoning By-
Statutory Public
Final mapping revisions ongoing.
Medonte, 2006 - ZBA -08,
law Review update
Meeting Held June
Consultant to complete mapping
Zoning By -law Review
2006. Draft mapping
spring 2009 for Council's
completion, site visit
consideration.
with various property
owners ongoing.
D9
Rezoning to permit
By -law approved by
Applicant to submit a Site Plan
Meyer, 2006 - ZBA -11,
contractor's yard and
Council on October 8,
application.
8976 Highway 12 West,
storage units.
2008 without the
Con. 1, South Part Lot 1
contractor's yard use.
former) Orillia
D10
Rezoning and plan of
Public meeting held
Applicant to address comments
Stonehedge Holdings,
subdivision for the
on October 27,
raised at the Public Meeting.
2007- OPA -01, 2007 -ZBA-
creation of 7 rural
2008.Awaiting
03, Part of Lot 21, Con 14
residential lots
comments from
Oro
LSRCA.
-2-
Page 44 of 87
Agenda Item # 7c) - Planning Application Status Report, May, 2009.
FILE AND LEGAL
TYPE OF
STATUS
RECOMMENDED ACTION
DESCRIPTION
APPLICATION
D11
OPA and rezoning to
OPA and By -law
Zoning By -law appealed to
1698165 Ont. Inc.
permit the
approved by Council
OMB. Site Plan application
(Ossom Enterprises Inc.)
redevelopment of the
on October 8, 2008.
submitted by applicant. Twp to
2008 - ZBA -06, 2008 -OPA-
site for various
Zoning Amendment
circulate site plan for comments
01, 2976 Highway 11,
commercial uses.
appealed to OMB.
from agencies.
Part Lot 20, Con. 7 (Oro)
OPA approved by
County.
D12
Rezoning to permit at
Zoning By -law
Applicant to submit a Site Plan
RDR Marine Systems,
home industry.
passed by Council on
application to remove the
2007 - ZBA -08, 551 Line 9
Agricultural /Rural
November 12, 2008.
Holding provision.
South, Part Lot 24, Con
Zone to A /RU
10 (Oro)
Exception Hold Zone.
D13
OPA and rezoning to
OPA and Zoning
OPA approved by County.
1198677 Ontario Ltd.,
create four residential
Amendment
Applicant to proceed with
2008 - ZBA -10 & 2008-
lots.
approved Feb 11
Consent applications to create
OPA -02 South side of
2009.
lots.
Horseshoe Valley Rd.
and West side of Line 4,
Lot 1, Con. 5 (Oro).
D14
ZBA and Subdivision
Application circulated
Wait for comments to be
Lake Simcoe Aeropark
application to permit
to internal and
returned.
Inc.
development of
external agencies for
2008 - ZBA -14 & 2008-
industrial park (77
comment.
SUB -02 East side of Line
lots).
7 and North of Highway
11, West Part of Lot 18 &
19, Con. 8 Oro
D15
ZBA to reduce
Public Meeting held
Staff report to be considered at
Hillway Equipment Ltd.
setback from the
March 30, 2009.
May 25, 2009 meeting.
2009 - ZBA -02 Part of Lots
property line to the
Report to PAC May
8 & 9, Concession 12,
limit of aggregate
25, 2009
Part of Lot 9, Con. 13
extraction.
Oro
D16
ZBA to place a zone
Public Meeting held
None at this time.
Township of Oro - Medonte
on a part of the
March 25, 2009.
2009 - ZBA -04
former road
Report
North of Ski Trails Road,
allowance deemed
recommending
Part 1,2,3,4 and 5 of Plan
surplus by Council.
approval to Council
51 R -36467 being Part of
May 20, 2009.
Lot 15 and Part of the
Original Road allowance
between Lots 15 and 16,
Con. 1 Oro
D17
OPA and ZBA to
Public Meeting held
None at this time.
Township of Oro - Medonte
consider the
May 4, 2009
(Try Recycling)
additional permission
2009 - ZBA -07 & 2009-
for a Recycling
OPA -01, Part of the West
Establishment
Half of Lot 11,
permitting the storage
Concession 8, Township
and processing of
of Oro - Medonte (formerly
recyclable materials
Oro), 1525 Line 7 North
-3-
Page 45 of 87
Agenda Item # 7c) - Planning Application Status Report, May, 2009.
FILE AND LEGAL
DESCRIPTION
TYPE OF
APPLICATION
STATUS
RECOMMENDED ACTION
D18
ZBA to construct a
Application received
Public Meeting to be held June
Helios Energy Inc.
large scale solar
and circulated.
22, 2009. Open House to be
2009 - ZBA -08, Part of
energy project
30 residential lots
held, date to be determined.
Lots 11, 12, 13, 14, Con.
comprised of 6,429
S2
9 (Medonte)
solar panel tracker
P21/88 Moss
Lot 11, Concession 2
2008. Report DS 2009 -009 approved one year extension of
units
(Oro)
draft plan approval to complete plan registration.
D19
Part of Lot 5, Con 14
Public Meeting held
Twp is waiting for comments
C. Andersen 2008 -SUB-
(Medonte), East side
March 2, 2009.
from agencies. Applicant to
01 & 2008 - ZBA -13,
of Hw12, south of
Currently awaiting
proceed with cost sharing with
Warminster Sideroad,
NVCA and other
other developers in Warminster.
22 residential lots
agency comments.
Subsequent staff report to
Report BP 2008 -082 adopted by Council on December 17,
P1/91 Houben
Applicant has
proceed to PAC for
(Oro)
submitted revised
consideration regarding
26 residential lots
plan,
subdivision and zoning
Report DS 2009 -009 adopted by Council on February 11, 2009
P5/94 Horseshoe Timber
(Medonte)
amendment applications.
DRAFT PLAN OF SUBDIVISION APPLICATIONS
File
Description
Recommended Action
S1
OM -T -93003 (Part
Report DS 2009 -009 adopted by Council on February 11, 2009
D12 P13/87
Lot 1, Concession 14
granting one year extension for draft plan approval. Applicant
J. Johnston Construction
(Oro)
working with NVCA staff.
Ltd.
30 residential lots
Subdivision
S2
OM -T -91050 Part of
Subdivision agreement approved by Council on September 10,
P21/88 Moss
Lot 11, Concession 2
2008. Report DS 2009 -009 approved one year extension of
(Oro)
draft plan approval to complete plan registration.
21 residential lots
S3
43T -93022 Part of
Report DS 2009 -009 adopted by Council on February 11, 2009
P4/90
Lot 1 and 2, Conc. 7
granted a two year extension for draft plan approval. Second
Capobianco (Sabiston)
(Oro)
engineering submission drawings submitted and review
83 residential lots
comments provided to applicant. Draft Subdivision Agreement
to be prepared once drawings approved.
S4
OM -T -94003 Part of
Report BP 2008 -082 adopted by Council on December 17,
P1/91 Houben
Lot 10, Conc. 10
2008 granted a one year extension for draft plan approval.
(Oro)
Actively working towards registration of subdivision.
26 residential lots
S5
Part of Lot 1, Conc. 4
Report DS 2009 -009 adopted by Council on February 11, 2009
P5/94 Horseshoe Timber
(Medonte)
granted three year extension for draft plan approval.
Ridge
250 residential lots
S6
OM -T -90082 Part of
Report DS 2009 -009 adopted by Council on February 11, 2009
P77/98 638230 Ont. Ltd.
Lot 5, Conc. 13
granted one year extension for draft plan approval.
(Keyzer)
(Medonte)
55 residential lots
S7
OM -T -90046 Part of
Report DS 2009 -009 adopted by Council on February 11, 2009
Homire
Lot 5, Conc. 14
granted one year extension for draft plan approval.
(Medonte)
28 residential lots
S8
OM -T -91031 Part of
Subdivision agreement revisions being completed. Engineering
P13/89 Buffalo Springs
Lots 2 and 3,
submission under review.
Concession 9 (Oro)
230 residential lots
S9
43T -93019 Part of
Subdivision Agreements signed, awaiting submission of
P52/89 Diamond Valley
Lot 2 and 3, Conc. 7
required securities to prepare report to Council for execution of
Estates Valdor
(Oro)
subdivision agreement.
-4-
Page 46 of 87
Agenda Item # 7c) - Planning Application Status Report, May, 2009.
-5-
Page 47 of 87
137 residential lots
S10
RC 43 -OM -20001
Phase 1 registered and constructed. Redline Revision
P100 /00 Horseshoe
Part of Lots 3 and 4,
submitted for Phase 2 lands currently being reviewed and
Resort /Laurelview
Conc. 4 (Oro)
circulated by Township.
Subdivision
480 residential lots
S11
Part of Lot 5, Con 14
Public Meeting held March 2, 2009. Currently awaiting NVCA
C. Andersen 2008 -SUB-
(Medonte), East side
and other agency comments. Applicant has submitted revised
01 & 2008 - ZBA -13,
of Hw12, south of
plan, Twp is waiting for comments from agencies. Applicant to
Warminster Sideroad,
proceed with cost sharing with other developers in Warminster.
22 residential lots
Subsequent staff report to proceed to PAC for consideration
regarding subdivision and zoning amendment applications.
S12
Rezoning from A /RU
Council approved Zoning By -law and Draft Plan on October 8,
James & Kimberley
to R1 Zone, and Plan
2008. Applicant to proceed with clearing Draft Plan Conditions.
Drury, D 12 (06), D 14
of Subdivision for 21
(06), 2006 - SUB -02, 2006-
lot residential
ZBA -04, Conc. 5, West
subdivision
Part Lot 11 (Oro)
-5-
Page 47 of 87
Current Development
Applications
Township of Oro- Medonte 0
Page 48 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
D--u V%_ r -.
Y�\ (_ tAA � - n ges l
-- - -- vi 1911 1a1 mwaayc - - - --
From: Tom Kurtz
To: Hough, Ralph
Cc: Leigh, Andria ; Crawford, John ; Coutanche, Mel ; Hough, Ralph ; Hughes, Harry ; Evans, Dwight; Agnew, Sandy;
Allison, Terry; Tom Kurtz ; mary ofarrell bowers ; larry tupling ; roy hastings ; Linda S. Babulic
Sent: Wednesday, May 20, 2009 8:57 PM
Subject: PAC Meeting May 25 Agenda
I have reviewed the agenda for the PAC meeting and have the following comments:
a) Item 9a should be deleted as their has not been an SPC meeting since our last PAC meeting. The next meeting is on
May 28th.
b) Item 9b appears to be simply a presentation and or discussion of the summer meeting schedule rather than any meat
for discussion on what needs to be looked at as we move forward with the OP review. PAC's main raison d'etre is the OP
review and although we have repeatedly asked since the inception of the current PAC for items related to that to be on
the agenda, nothing meaningful has yet come forward.
c) It is hoped that the item 7c will include a detailed land budget with respect to the areas of future development. This
request was made at the last meeting.
d) Items 7a and 7b are adjustments to existing zoning and, according to the staff reports, "conform to the general intent
of the Official Plan and the provisions of the Zoning By -law ". These items should therefore not take up the time of PAC
but should rather be dealt with by the Committee of Adjustment with input, in the case of 7a, from OMEGA. I therefore
propose that these items be dropped from the agenda.
e) I have gone to the O -M website to prepare for the public meeting on the 27th with respect to the proposal to consider
alternative methods of delivery of environmental services in the northern portion of the township currently serviced by
NVCA and SSEA. I found detail to be lacking and could only suspect that much more background detail is available
which has not been shared with PAC. My suspicions were confirmed by a visit to the NVCA website where far more
detail is revealed for public understanding of the issue prior to calling a public meeting of their own in June.
This is one of the few issues that have emerged that clearly has a major impact on planning in the municipality and yet
PAC was not consulted prior to the issue escalating to the Mining and Lands Commissioner and subsequently to the
public for their input. As we are looked to for comment whenever there is a public meeting, it would be helpful if we were
appropriately briefed prior to the public meeting. As the recommendations above will free up significant time on Monday's
agenda I request that
representatives of Council and /or staff and a representative from NVCA be asked to bring us up to speed on this issue.
Tom Kurtz
Page 49 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
Subject: FW: PAC Meeting May 25 Agenda
From: Linda Babulic
To: Tom Kurtz ; Hough, Ralph
Cc: Leigh, Andria; Crawford, John; Coutanche, Mel; Hough, Ralph; Hughes, Harry; Evans, Dwight; Agnew, Sandy; Allison,
Terry; mary ofarrell bowers • ; larry tupling <larry.tupling• roy hastings
sent: Thu May 2109:27:012009
Subject: RE: PAC Meeting May 25 Agenda
Hi Ralph,
I agree with Tom. I would like to see these changes to the agenda.
Linda
Linda Babulic
1
Page 50 of 87
tvu
On Wednesday, May 27th at the Township Offices Beginning at 7:00 PM Oro - Medonte is
Holding a Public Meeting to Seek Input On Options for the Delivery of Environmental
Services Within the Severn Sound Watershed
BACKGROUND- Please Refer to maD
There are three Watersheds in Oro - Medonte
1. Lake Simcoe- served by the Lake Simcoe Conservation
Authority (LSRCA)
2. Nottawasaga Watershed- served by the Nottawasaga Valley
Conservation Authority (NVCA)
3. Severn Sound Watershed- Served by both the Severn Sound
Environmental Association (SSEA) and the NVCA
In addition all three watersheds have environmental initiatives
funded by the Township of Oro - Medonte
FUNDING:
Each Agency has different funding approaches that vary in relation
to:
The amount charged for services, the options open to the funding
municipalities and their financial reporting systems.
The Primary Focus for this Public Meeting is the Severn Sound
Watershed Area that makes up 53% of area of Oro - Medonte.
THE TOTAL AMOUNT ORO- MEDONTE PAYS FOR ENVIROMENTAL
SERVICES TO AGENCIES IS $255,932.
Permit Fees are also paid by residents and the municipality.
Severn Sound Subwatersheds within the Township of Oro- Medonte
�a
NVCA'$ 5;434, i
�R
SSEA.$19,146.00
5W.49
T $ K
+ Permit Fq
Fie Wu9lnxp
-NVCA .
$ 50,086.1
+Permit Fees .
L9RCA
Legend
Ps
o
TO DATE THE TOWNSHIP HAS BEEN UNABLE TO RESOLVE ISSUES IN THE SEVERN SOUND PORTION OF THE TOWNSHIP
RELATING TO:
♦ The Funding of Duplicate Environmental Services by the NVCA and SSEA in the Severn Sound Watershed
♦ Accountability of the services provided for the funding
♦ Duplication of Planning Services and Programs
♦ NVCA budget increases that have averaged more than 14% annually
An executive summary that provides additional information including
some options for consideration can be accessed on the Township
Website www.oro - medonte.ca under the heading News and
Announcements.
ti
00
0
L0
(}1-){�
V/
/c6
CL
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
STAFF REPORT
Date: May 8, 2009
Meeting No.: 05/09
To: The Chair and Members of the Board of Directors
From: Wayne R. Wilson, CAO /Secretary Treasurer
Subject: Oro - Medonte /NVCA May 4109 meeting
Meeting Purpose
Joint staff meeting to review the public meeting process proposed by Robin Dunn CAO
Oro - Medonte (appendix 1) and to review options for addressing the expressed
concerns of Oro - Medonte for removal of NVCA services, as per the Mediation
Resolution (Appendix 1) and as per direction of the NVCA Executive Committee.
(NOTE THE DISCUSSION INVOLVES ONLY THE SEVERN PORTION OF ORO- MEDONTE
WITHIN NVCA)
NVCA staff (Wayne Wilson, CAO /Secretary- Treasurer, Glenn Switzer, Director of
Engineering, Chris Hibberd, Director of Planning and Barb Perreault, Senior
Enforcement Officer) met with Robin Dunn, CAO and Andria Leigh, Oro - Medonte
Director of Development Services on May 4/09. The following is a brief summary of the
meeting results.
NVCA staff noted that the NVCA Executive had passed the following resolution:
Executive Committee Number 06/09
MOVED BY.• Fred Nix SECONDED BY.- Rick Archdekin
WHEREAS: The NVCA representatives at the April 8, 2009 mediation meeting at the
office of the Ontario Mining and Lands Commissioner a reed`that the Oro - Medonte
representatives on the NVCA Board should put a resolution before the Board
recommending that the NVCA boundaries be re -drawn back to their original watershed
basis; therefore
BE IT RESOLVED THAT:
1. Staff send out a public notice requesting public deputations to the .tune Board meeting.
2. Staff prepare a report outlining how the Generic Regulation #172106 Development,
Interference with Wetlands and Alteration to Shorelines and Watercourses would be
enforced and how other conservation services would be supported in the event that the
boundaries were re- drawn; and
3. That staff prepare a joint report with Oro - Medonte with details as to how the
boundaries could be re -drawn and what criteria are to be used to determine if clause
(1) and (2) are satisfied.
Page 52 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
STAFF REPORT
Board of Directors 05/09
Oro - Medonte update — meeting May 4/09
Some concern was expressed by Oro - Medonte staff as to why the NVCA wanted
its own June 12/09, public input session, and a separate NVCA staff report. It was
made clear that the BOD would find the direct public input and NVCA staff report
helpful in reviewing the request to remove /amend the NVCA services /area of
jurisdiction.
It was agreed that a joint press release would not be prepared for the Oro - Medonte
May 27/09 meeting.
NVCA staff requested specific examples of the issue raised regarding the reported
poor level of planning and regulations service as claimed by an Oro - Medonte
Councillor. No additional specifics on these concerns were provided at this
meeting.
Options for NVCA service delivery was briefly discussed, see below. Andria Leigh
will consider these options as she prepares a draft report for Oro - Medonte Council
on May 25/09 for the May 27/09 public meeting. Oro - Medonte staff will present the
material to the public. NVCA staff will receive a copy of the report one day before
the presentation on May 26/09. Given that NVCA staff will not have an opportunity
to thoroughly review the presentation, it was noted /agreed that the presentation
would be Oro - Medonte's staff presentation and not a joint NVCA/Oro- Medonte
presentation/ report.
OPTIONS:
a. Status quo, where NVCA maintains full level of CA service as per
expansion resolution/ agreement and current budget process/ format.
Within this option NVCA and Oro - Medonte would agree to require SSEA
to develop an MOU with NVCA to ensure efficient delivery of services.
b. Core Service Delivery MOU developed between NVCA and Oro -
Medonte describing core programs (not optional) such as Regulations
and Planning and Flood Program, and Special Benefiting (optional) for
Stewardship etc, similar to the Lake Simcoe CA model.
c. NVCA and Severn Sound Environmental Association (SSEA) and Oro -
Medonte, enter into an MOU agreement regarding delivery of core and
special benefiting services. Consider contracting range of environmental
services via SSEA (Oro - Medonte) subject to capacity and program,
efficiencies.
Page 53 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
STAFF REPORT
Board of Directors 05/09
Oro - Medonte update — meeting May 4/09
d. NVCA deliver only Planning and Regulations program including Flood
Program (hazard prevention) in the interim, while Oro - Medonte and
SSEA develop capacity and legal mechanism /approval to deliver
Environmental protection (Generic regulations).
e. Conservation Authority area of jurisdiction removed.
L NVCA provide only the services as subcontracted back to the
Oro - Medonte under a service agreement.
ii. NVCA completely remove all service delivery and not subcontract
any services. Oro - Medonte (SSEA ?) fully responsible for delivery
of regulations/ environmental protection, natural hazard and
natural heritage protection and associated liabilities.
Other options per public /member input?
Note: option (c) may and options (d) and (e) above will require MNR/Provincial
approval and or legislative change such as Order in Council. This is subject to further
legal opinion and Provincial direction.
NEXT STEPS: subject to Board direction.
1. Public input sessions to be held May 27/09 (Oro - Medonte) and June 12/09
(NVCA Board of Directors meeting). Staff to compile public input.
2. Staff from Oro - Medonte and NVCA will prepare a joint report for appropriate
Council or Board as per the Mediation Resolution, looking at the pros and cons
etc. of the above noted options.
In Addition NVCA staff are to jointly develop criteria to show how the
Regulations and other Conservation service requirements are addressed, (as per
Executive direction).
NVCA staff will prepare a staff report regarding how the CA Regulations, and
other Conservation Services would be addressed in the event the boundaries
were redrawn as requested by Oro - Medonte, for NVCA Board consideration. As
per Executive direction.
4. It is anticipated that the above reports would require at least May and June to
develop and thus would not be available for Board consideration until the August
Board of Directors meeting (given that there is no scheduled Board meeting for
July).
Respectfully submitted;
Wayne R. Wilson
CAO /Secretary Treasurer
Attachments (2)
Page 54 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
File No. CA 001 -09
THE CONSERVATION AUTHORITIES ACT
IN THE MATTER OF
f'
An appeal to the Mining and Lands 6ommissioner under subsection 27(8)
of the Conservation Authorities Act by The Corporation of the
Township of Oro - Medonte, against the 2009 General Levy Assessment of
the Nottawasaga Valley Conservation Authority, approved the 13th day of
February, 2009.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
(OM) Appellant
- and -
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY (NVCA)
Respondent
MEDIATION RESOLUTION
Nottawasaga Valley Conservation Authority representatives hereby request that The Corporation of the
Township of Oro - Medonte put a resolution before the Board of the Nottawasaga Valley Conservation
Authority to alter the "Oro - Medonte" boundaries back to their "original watershed basis" subject to:
1.) An appropriate process (as identified in 42 below) being agreed to by both the
Executive of the NVCA and OM.
2.) The process shall include:
- a joint staff report from the NVCA Staff and OM Township Staff with details
and recommendations that return the watershed boundaries to their pre -2002
status.
- Appropriate public consultation with ratepayers in OM to occur on the 27e
day of May, 2009.
3.) The NVCA will make a representation to the Minister of Natural Resources and
include limited representation from OM Council at the meeting currently scheduled
for the 27h day of April, 2009.
4.) The parties hereby agree that the OM appeal (as referenced above) be adjourned sine
die.
Dated in Toronto, this 8a' day of April, 2009.
Daniel Edward Pascoe, a Commissioner, etc.,
Province of Ontario, for the Government of
Ontario, Mining and Lands (ommisdoner.
Expires May l 1, 2010.
Walter Benott5
half o
Daniel E.. Pascoe
Registrat/Madiator NEC
Page 55 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
Appendix 2
Email from Robin Dunn, CAO
Oro - Medonte
Wayne
Sorry we keep missing each other with voice mails. Thank you for your suggested meeting
dates.
Unfortunately both Andria & I are out of the office for most of next week so the only timing that
looks like it can work is early the week of May 41h
I hope that your schedule will permit us to connect at the Township office on Monday May 4th
from 10:30- 12:00.
In keeping with the process outlined in our mediation resolution, I propose that we focus on the
following discussion points in bold;
Public Meeting Notice & Background /Executive Summary Statement
In preparation for the May 27th Public Meeting, Oro - Medonte staff will present to Oro -
Medonte Council at their meeting of May 6th the Public Meeting notice.
It was suggested during our mediation deliberations that a joint press release could go
out to coincide with the public meeting notice. Discussion - messaging for the press
release.
A background /executive summary statement should also be available for members of
the public at the time we post the public meeting notice.
Andria is currently working on a background /executive summary statement. Review -
high level background /executive summary.
Public Meeting Presentation
Andria will prepare a presentation for the public meeting outlining service delivery
options for the Severn Sound Water Shed of the Township currently serviced by the
NVCA. Discussion Point - key messages & suggested options.
We plan to review the draft presentation with members of Council the evening of May
25th and would be pleased to share with you the presentation on Tuesday, May 26tH
Review - draft presentation.
The Presentation will take place on Wednesday, May 27th as a public meeting at our
regular Council session at 7:00 pm.
Input from the meeting participants will be tabulated during the first two weeks of June
with work on a draft of the joint report.
Page 56 of 87
Agenda Item # 8a) - Tom Kurtz, correspondece dated May 20, 2009 and
corresponden...
Joint Report & Recommendations
Joint report and recommendations will be finalized by the NVCA & Oro - Medonte after
public consultation & input. Review - consolidation of the draft joint report.
Anticipate the final draft of the report should be finalized and presented to the NVCA
Board & Oro - Medonte Council for consideration by the end of June.
Staff sign off - final draft joint report.
Robin Dunn
Chief Administrative Officer
Township of Oro - Medonte
I�`iasr,t k'? +:r:tgge l�.xzi�a!r�� fReti�rr
P' 487 -2171
R (705) 487-0133
48 Line 7s, Box 100
Oro, Ontario LOL !X0
www.oro- medonite,ca
From: Wayne R.. Wilson [mailto:wwilson @nvca.on.ca]
Sent: Wednesday, April 22, 2009 9:57 AM
To: Dunn, Robin
Cc: Coutanche, Mel; Hough, Ralph; Walter Benotto; Joan Sutherland; Laurie Barron
Subject: Oro - Medonte NVCA meeting
Robin
As a follow up to our earlier phone calls and voice messages.
Please let me know what are good times for you and your appropriate staff to meet with NVCA
staff to develop a strategy (who does what, timelines and initiate the report, at least a table of
contents, etc.) to develop the " appropriate process" staff report referenced in the Mediation
Resolution. Good meeting dates for me are; April 23 ( after 2pm ) or the 29th, 30th (available all
day).
While I look forward to working on this project with you and your staff, I have concern with the
tight timelines of trying to get the process report prepared and approved by the NVCA Executive
and Oro - Medonte in time for the May 27th public meeting, these are very tight timelines.
We need to review what the options are. Can we defer the meeting ?? , fast tract approval ??
other suggestions. Looking forward to your recommendations /input on this matter.
Sincerely
Wayne R. Wilson
Chief Administrative Officer,
Nottawasaga Valley Conservation Authority,
John Hix Conservation Administration Centre,
Page 57 of 87
v
c0
m
M
00
0
h
00
Comparison of NVCA/SSEA Services and Costs for Severn Sound Watershed area of Oro- Medonte, February, 2009
Function/
NVCA
NV to
SSEA
SSEto
Service
Description
Description
Comment
O-M
O-M
Charge backs based on
As requested by
Planning —
proposal complexity —
Township
Regulations and
hourly rates to be
Plan Review
confirmed for 2009
None at present
Regulatory
0.0
Enforcement
Costs part of Agt with
LSRCA — provincial
Source Water
funding
0.0
Protection
Flood warning in areas
not covered by CA done
Flood and Erosion
by MNR
0.0
Hazard
Management
Funding for our Healthy
Streams Pgm comes from
Healthy Waters
MNR and others
0.0
Stewardship pgms such as
Well Aware, Natural 0.0 44
Stewardship/ Shorelines, Take -a- little- P
Forestry Services lead -out, Tree s
Distribution Pgm are
funded from others
c0
cD
D
v
m
00
v
0
E
N
n
0
CD
0
D
Q
CD
n
CD
Q
v
CD
Q
0
0 `<
� N
(D O
cn
� N
0 0
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5
v
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OD
.»' °= ''•';,*'± 4 a.X x..�;, fIr"
s; a�
cc
CD
D
v
CD
00
v
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N
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O
CD
O
D
Q
CD
n
cD
Q
v
CD
Q-
0
O `<
� N
CD o
� N
O O
QL CD
CD a)
Monitoring of stream
stations funded by others
Environmental
including MOE. Special
0.0
Monitoring
monitoring surveys (e.g.
Bass Lake) would be a
specific request to Twp in
art
Monitoring wells installed
Groundwater
and sampled under the
0.0
Monitoring
Prov. Groundwater Monit.
Network by Agt with
MOE
N/A
Land Acquisition/
0.0
Management
SSEA staff work with
Education
schools or interest grps on
0.0 part of base
Services
ed , awareness & outreach
funding
— funding from others
Was funded
Sustainability
Staff time if Council
through FCM-
Plan
wishes to participate on
Municipal Agt —
implementation
Steering Committee in
2008 Twp
2009
portion $5,170
2009 budget from Oro-
$19,144
Financial -
Medonte supports SSEA
Budgeting,
base
Accountability
Severn SSEA staff plus
See above
Staff
short-term contracts
Compliment
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Map Number Owner Total Units Single Detached Semi- Detached Townhouses Apartment Built Area (Hectares)
Approved Development
1
Homire Development
28
28
15.77
2
Andersen Development
22
22
6.07
3
Thatcher
21
21
8.47
4
Drury
15
15
9.02
5
Stonehedge
7
7
6.07
6
Kellwat
97
97
20.82
7
Houben
26
26
17.5
8
Country Lane Estates
22
22
20.8
9
Moon Point
14
14
25.01
10
Lake Simcoe Aeropark
77
85.8
11
Buffalo Springs
230
230
185.63
12
Keyzer
55
55
31.7
13
Horseshoe Timber Ridge
250
250
27.92
14
Johnson Construction
30
30
37.7
15
CRA Developments
6
6
9.3
16
Goosens
3
3
4.2
17
UCCI
40
40
110.51
18
Diamond Valley
137
137
59
19
Capobianco (Sabiston)
83
83
51.85
20
Crooks
7
7
1.4
21
HRC Lifestyle
480
480
85.3
22
Craighurst
-
-
36
23
11198677 Ontario Ltd.
4
4
6.17
24
IHawkestone Expansion
-
-
1
146.9
Draft Approved Development
Application for Development
Page 61 of 87
Designated Rural Settlement Area
Map Number
Community
Land Area
Designated Land Area
guilt U
( P)
Designated with Application for
Development
Designated with No
Application
1
Guthrie
59.2
59.2
-
-
2
Shanty Bay
185.6
156.4
-
29.2
3
Oro Station
28.7
21.5
-
7.2
4
Forest Home
20.1
20.1
-
-
5
East Oro
23.3
13.35
1.4(20)
8.55
6
Edgar
43.6
15.4
9.02(4)
19.18
7
Rugby
11.2
8.33
-
2.87
8
Craighurst
77
27
4
9
Jarratt
14.8
5.2
-
9.6
10
Warminster
142.2
46.6
53.5 (1,2,12)
42.1
11
Moonstone
111.14
81.04
8.47(3)
21.63
12
Prices Corners
55.32
46.8
-
8.52
13
Sugarbush
258.25
174.4
83.85 (18,19)
-
14
Horseshoe
152
152
Hawkestone Residential Area
15
Hawkestone
57.6
57.6
-
Total Land Area (Hectares)
1240.01
884.92
156.24
188.85
Page 62 of 87
Designated Rural Residential Lands
Map Number
Land Area
Designated Land Area (Built
up)
Designated With Application for
Development
Designated with No
Application
1
58.9
53
-
5.9
2
39.1
39.1
-
-
3
10.1
10.1
-
-
4
32.5
32.5
-
-
5
167.8
160.88
-
6.92
6
16.9
16.9
-
-
7
8.2
8.2
8
70.2
70.2
-
-
9
17.8
-
-
17.8
10
16.8
16.8
-
-
11
5.26
5.26
-
-
12
35.2
17.7
17.5(7)
-
13
17.8
17.8
-
-
14
15.7
15.7
-
-
15
20.8
-
20.8(8)
-
16
6
6
17
6.2
6.2
-
-
18
14.3
-
6.07(5)
8.23
Total Land Area (Hectares)
559.56
476.34
44.37
38.85
Designated Residential Lands (Buffalo Springs)
1 (11)
185.63
-
185.63 (11)
-
Designated Airport Lands
1
258.8
-
-
-
Page 63 of 87
Industrial Lands (Developed)
Land Area
Location
56.3
Line 1 /Highway 11
21.97
Line 4 /Highway 11
55.5
Line 14 /Highway 11
60.74
Line 15 /Highway 11
Total Land Area (Hectares)
194.51
21.5
Industrial Lands (Undevelop
Map Number
1
Land Area (Hectares)
85.8
2
35.1
3
8.5
4
22.8
Total Land Area
2.5
152.2
Commercial Lands (Developed)
1.9
Highway 11
28.8
6.8
60.84
1.7
0.4
5.8
0.4
2.5
5.6
Highway 12
21.5
Horseshoe
Total Land Area
136.24
1 Hectares
Commercial Lands (Undevel
Horseshoe Valley
1
52.92
2
11.15
3
2.5
Total Land Area
66.57
Page 64 of 87
L8 ;o S9 abed
YWk Reg7on
April 24, 2009
Mr. Glen R. Knox
County Clerk
Corporation of the County of Simcoe
Administration Centre
1110 Highway 26
Midhurst, Ontario
LOL 1 XO
Dear Mr. Knox:
Re: The Proposed Lake Simcoe Protection Plan
Regional Clerk's Office
Corporate Services Department
K -CEWr)
APR 28W
Regional Council, at its meeting held on Thursday, April 23, 2009, adopted the following
recommendations of the Transportation and Works Committee regarding the report
entitled "The Proposed Lake Simcoe Protection Plan":
1. Regional Council endorse the attached staff comments on Environmental Bill of
Rights (EBR) posting 010 -4636 as submitted on March 16, 2009.
2. The Regional Clerk forwards this report to the Honourable John Gerretsen, Minister
of Environment.
The Regional Clerk forwards this report to the following stakeholders:
a) Lake Simcoe Region Conservation Authority
b) The Township of King and the Towns of Aurora, East Gwillimbury, Georgina,
Newmarket and Whitchurch- Stouffville
c) The Building Industry and Land Development (BILD) York Chapter
d) The County of Simcoe
e) The Regional Municipality of Durham
A copy of Clause No. 3, Report No. 4 of the Transportation and Works Committee, is
enclosed for your information.
OaA,
The Regional Municipality of York. 17250 Yonge Street. Newmarket. Ontario UY 6Z1
Tel: 905- 830 -4444 Ext. 1320, 1 -877- 464 -9675, Fax: 905 -895 -3031
Internet: www.york.ca
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Please contact Laura McDowell, Director of Environmental Promotion and Protection,
905- 830 -4444, ext. 5077, if you have any questions with respect to this matter.
Sincerely,
Denis Kelly
Regional Clerk
B. Bridle
Attachment
Copy to: Commissioner of Environmental Services
Commissioner of Planning and Development Services
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Clause No. 3 in Report No. 4 of the Transportation and Works Committee was adopted,
without amendment, by the Council of The Regional Municipality of York at its meeting
on April 23, 2009.
3
THE PROPOSED LAKE SIMCOE PROTECTION PLAN
The Transportation and Works Committee recommends:
1. Receipt of. the presentation by Phil Brennan, Senior Manager and
Steven Borg, Senior Policy Advisor, Lake Simcoe Project, Ministry of
the Environment;
2. Receipt of the communication from Carolyn Lance, Administrative
Assistant to the Town Clerk, Town of Georgina, dated March 9, 2009,
regarding `Draft Lake Simcoe Protection Plan, Environmental Bill of
Rights Registry (EBR) Number 010 - 4636'; and
3. Adoption of the recommendations contained in the following report
dated March 25, 2009, from the Commissioner of Environmental
Services and the Commissioner of Planning and Development
Services.
RECOMMENDATIONS
It is recommended that:
1. Regional Council endorse the attached staff comments on Environmental Bill of
Rights (EBR) posting 010 -4636 as submitted on March 16, 2009.
2. The Regional Clerk forwards this report to the Honourable John Gerretsen, Minister
of Environment.
The Regional Clerk forwards this report to the following stakeholders:
a) Lake Simcoe Region Conservation Authority
b) The Township of King and the Towns of Aurora, East Gwillimbury, Georgina,
Newmarket and Whitchurch- Stouffville
c) The Building Industry and Land Development (BILD) York Chapter
d) The County of Simcoe
e) The Regional Municipality of Durham
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Clause No. 3
Report No. 4
Transportation and Works Committee
2. PURPOSE
The purpose of this report is to advise Council of the contents of the Draft Lake Simcoe
Protection Plan; discuss the implications to York Region and its local municipalities; and
obtain Council endorsement of the coordinated comments from York Region and local
municipalities submitted to meet the EBR comment deadline of March 16, 2009.
3. BACKGROUND
Province proceeds with plan to protect Lake Simcoe water quality and
ecological integrity
In 2006, the Province of Ontario announced they would introduce legislation to protect
Lake Simcoe. On June 17, 2007, Bill 99 - the Proposed Lake Simcoe Protection Act was
introduced in the Legislature. A previous report (September 18, 2008, Report No. 8 of the
Regional Planning and Economic Development Committee) provided comments to the
Province on the EBR posting related to Bill 99. At that time, Regional Council directed
staff to continue to monitor Bill 99 and appear before Standing Committee on General
Government to articulate the Region's issues. Subsequently, the Commissioner of
Environmental Services appeared before Standing Committee on November 19, 2008.
The Lake Simcoe Protection Act, 2008 received Royal Assent on December 12, 2008.
On January 13, 2009, the Province released the proposed Lake Simcoe Protection Plan
and posted it on the EBR (Posting #010 -4636) for a 60 day comment period ending
March 16, 2009.
4. ANALYSIS AND OPTIONS
York Region has a long and consistent history of supporting the protection
of Lake Simcoe
York Region has supported the protection and study of Lake Simcoe for many years
through the funding of the Lake Simcoe Regional Conservation Authority and
participation on the Lake Simcoe Environmental Management Strategy (LSEMS).
In addition, York Region has consistently demonstrated our commitment to protecting
Lake Simcoe through:
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Clause No. 3 Y0r1= k1lo"k, RtA �0�Xe �G �IUwya��
Report No. 4 T° so3 �,��;,+
Transportation and Works Committee
' 1 • A commitment to utilizing "drinking water quality" equivalent membrane treatment
technology at the Region's Keswick Water Pollution Control Plant in addition to
other environmental enhancements already implemented such as accreditation to the
ISO 14001 environmental management system standard.
' Continuously operating our Water Pollution Control Plants at/or beyond compliance
to ensure enhanced protection of the Lake.
�) • Developing necessary background and scientific information through the Lake
Simcoe Environmental Management Study (LSEMS).
�� • Submitting a funding request to the Lake Simcoe Clean-Up Fund to develop a
Regional Phosphorus Management Strategy to evaluate and address cumulative
impacts of Phosphorus loadings from within York Region boundaries.
Province should be commended for a comprehensive document that
supports many environmental initiatives currently approved in York Region
The propose(LLake Simcoe Protection Plan
LSPP) supports many of the environmental
initiatives currently approved in York Region as part of the Oak Ridges Moraine,
Greenbelt and Growth plans. The proposed Lake Simcoe Protection Plan requires
adjacent communities to undertake similar water conservation and use reduction
strategies that York Region has promoted, with the Water for Tomorrow program. The
environmental goals set out in the proposed Plan for improving watershed quality are
commendable.
York Region staff, representatives from local municipalities and other
stakeholders met to discuss common key issues
As part of the comments submitted in response to the EBR Posting #010 -4636, York
Region staff had specific comments related to the following:
l • Impact of the proposed Lake Simcoe Protection Plan on York Region's ability to
service the northern portion of the region, achieve the Growth Plan requirements and
provide for the development of complete communities.
)) • Funding to support implementation of the Lake Simcoe Protection Plan.
\ • Capacity of various stakeholders in the Lake Simcoe Protection Plan to deliver on the
�) extensive and aggressive work plan.
4) • Municipal requirements will be costly and are presently unfunded.
Attachment I to this report contains detailed comments forwarded to the Ministry of
Environment in response to the EBR posting and its March 10h, 2009 deadline.
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Clause No. 3
Report No. 4
Transportation and Works Committee
Lake Simcoe Protection Plan `Water Quality' initiatives target sewage
treatment plants and stormwater management
The `Water Quality' section of the proposed Lake Simcoe Protection Plan focuses on
sewage treatment, stormwater management, subsurface sewage treatment, scientific water
quality monitoring and research, phosphorus reduction strategy, and construction and
mineral aggregate resource activities. The proposed Lake Simcoe Protection Plan seeks to
impose stricter controls on sewage treatment plants including development of long -term
loading caps for individual plants on the Lake and seeks to require effluent
characterization of each plant in the basin. Upon the revocation of O.Reg. 60/08, no new
municipal sewage treatments will be approved on the Lake and any non - municipal
sewage treatment plant that is proposed will be required to demonstrate a net reduction in
phosphorus to the Lake. The proposed plan also commits to evaluating the feasibility of a
Water Quality Trading program for the basin.
Stormwater management is also emphasized heavily in this section of the plan.
Municipalities will be required to conduct stormwater master plans within five years of
the plan's declaration. The proposed Lake Simcoe Protection Plan also suggests that
re tri fit mgrams for the existing stormwater infrastructure should be developed prior to
j the completion of the master plans.
The plan proposes no new subsurface sewage treatment systems or works be permitted
within 100 metres of the Lake Simcoe shoreline. All existing on -site sewage systems
r within 100 metres of the Lake Simcoe shoreline or any permanent stream of Lake Simcoe
will be required to be re- inspected through a regulation proposed under the Building
Code Act (1992).
interim Phosphorus regulation will be extended beyond March 31, 2009
The Province has approached York Region regarding extension of the Interim Regulation
Ontario Regulation 60/08 beyond the current deadline of March 31, 2009. York Region
staff have been working with the Province to consider a jurisdictional limit to apportion
flexibly to each of the five York Region sewage treatment facilities in Holland Landing,
Mount Albert, Schomberg, Sutton and Keswick. This approach would also satisfy
servicing needs by permitting the Region to maximize specific site efficiencies, while
facilitating operational flexibility.
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CIause No. 3
Report No. 4
Transportation and Works Committee
Gains in phosphorus reduction will be realized if regulations focus on large
contributors
The proposed Lake Simcoe Protection Plan indicates that the major contributions of
phosphorus within the Lake Simcoe basin are from atmospheric deposition (33 %) and
urban and rural inflow drainage (37 %). Currently, emphasis in the proposed Lake Simcoe
Protection Plan is to more closely regulate sewage treatment plants and develop
additional reduction programs and targets. It should be noted that sewage treatment plants
contribute a small amount (7 %) of the phosphorus to the watershed.
York Region staff recommends stronger regulatory controls be placed on the larger
sources of phosphorus in the basin; there should be consistent application of the right
instruments to increase phosphorus reduction in the lake.
Emphasis on Water Quality trading in the Lake Simcoe Protection Plan
should be considered a viable option for phosphorus reduction
The practice of water quality trading allows the reduction of phosphorus at a point
source. Water quality trading would provide for a decrease of phosphorus prior to
entering a treatment plant. York Region has applied for funding from the Lake Simcoe
Clean-up Fund to begin identifying sources of phosphorus, together with the local
municipalities, prior to it reaching the plant.
Currently, the Lake Simcoe Protection Plan only commits to researching the concept of
water quality trading within the first year of implementation. York Region recommends
an effective program for water quality trading should be developed and a pilot undertaken
within one year. York Region staff also suggest hat the program could be piloted within
the region.
Plan seeks to build on existing work through Source Protection
committees and Clean Water Act (2006)
The Clean Water Act (2006) has mandated formation of Source Protection Committees
throughout the province and a number of specific technical projects within each
watershed. The proposed Lake Simcoe Protection Plan will work through the water
budget process to develop flow targets for stressed watersheds and subwatersheds in Lake
Simcoe.
The p oposed Lake Simcoe Protection Plan will also require municipalities on the lake
' without water conservation and efficiency master plans to develop them within five years
1 of the plan coming into effect. York Region's award winning, `Water for Tomorrow'
` program satisfies water conservation and efficiency requirements stipulated in the
proposed Plan.
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Clause No. 3 6
Report No. 4
Transportation and Works Committee
Proposed Lake Simcoe Protection Plan requires significant work be
undertaken by the Province and all stakeholders
The proposed Lake Simcoe Protection Plan represents one of the most labour intensive
Provincial initiatives in recent history. The Plan itself represents a monumental and
necessary undertaking; the associated work plan to accomplish goals set out in the
proposed Plan over the next three years is extremely aggressive for all stakeholders.
Within the first three years, stakeholders including the Province (including the Ministry
of the Environment, the Ministry of Natural Resources and the Ministry of Energy and
Infrastructure) and the Lake Simcoe Conservation Authority are committed to
'undertaking 36 studies. Municipalities are committed to three studies within the first five
years.
Any deviations from this timetable could delay additional elements of the plan. Given
current fiscal limitations and projections of deficits in Provincial funding, there is a
serious possibility that the proposed timetable may be impacted. Based on experiences
with other Provincial Plans, including the Oak Ridges Moraine Conservation Plan, the
Greenbelt Plan, and the Growth Plan for the Greater Golden Horseshoe, the Province and
other stakeholders may not have the necessary finance and human resources to fully
deliver the initiatives proposed in the first five years of the Plan. It would be more
feasible for the Province to extend some of the timeframes and/or consider additional
funding to manage some of these challenges.
Relationship to Vision 2026
The proposed Lake Simcoe Protection Plan continues to support the strong tradition that
York Region has demonstrated in support of programs that protect the health of Lake
Simcoe. More specifically, in Vision 2026, Coal 2 `Enhanced Environment, Heritage and
Culture — Securing A Green York Region' commits to the protection of sensitive features
including Lake Simcoe.
5. FINANCIAL IMPLICATIONS
Long -term financial commitment is vital to the success of the Lake Simcoe
Protection Plan
The proposed Lake Simcoe Protection Plan acknowledges that funding has been a
concern to all stakeholders. Estimates for Lake Simcoe Protection Plan implementation in
the first 10 years is upwards of $135 million, exclusive of municipal costs estimated at
$120 million for stormwater management and $105 million for sewage treatment plant
upgrades. The total estimate for project planned in the first 10 years of the Plan
implementation is $360 million dollars. York Region staff have recommended that the
Province and Federal government consider an endowment structure of $500 million over
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Clause No. 3
Report No. 4
Transportation and Works Committee
10 years to allocate sustainable funding over a long -tern perfod for the implementation
of the Plan. This would allow for roughly $36 million dollars per year to be contributed
to the Plan implementation.
The Province has currently committed $20 million over four years with a focus on
providing assistance to farmers to encourage agricultural best management practices,
scientific research, monitoring, and administrative support. There is no indication
whether this commitment is a one time commitment or ongoing funding support. There is
also no mention of the $30 million Federal contribution through PROPEL funding and
it's place in future implementation.
6. LOCAL MUNICIPAL IMPACT
Stormwater Management and Septic System re- inspections present some
concerns for affected local municipalities
York Region staff have met with representatives of local municipalities affected by the
proposed Lake Simcoe Protection Plan. The proposed Plan will pose 'a significant impact
at the local level from a workload and financial perspective.
The proposed Lake Simcoe Protection Plan places a large emphasis on formalizing and
upgrading stormwater management practices; Is estimated that this requirement alone
Will cost municipalities upwards of $100,000 to $150,00010 complete in accordance with
Municipal Class EA process. Retrofitting existing stormwater management infrastructure
will likely be in the millions of dollars.
A proposal that local municipalities will be responsible for on -site sewage inspection and
certification programs will also tax local governments beyond existing resources. Town
of Georgina staff have suggested the focus of this program should be on older systems
(beyond 10 to 15 years of age) as these systems are more likely to have issues that will
more effectively reduce phosphorus from this source. Cost for the re- inspection program
is also a major concern to local municipalities. It has been suggested that the cost of rc-
inspection and any remedial actions or works should be bom by the individual
landowners, potentially with a Provincial incentive program.
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Clause No. 3 8
Report No. 4
Transportation and Works Committee
7. CONCLUSION
The proposed Lake Simcoe Protection Plan supports many of the environmental
initiatives currently approved in York as part of the Oak Ridges Moraine, Greenbelt and
Growth Plans. Additionally, it builds on work that is already being undertaken by the
Province in other initiatives such as the Clean Water Act (2006) and development of
provincial water conservation programs.
York Region has an extensive history in support of Lake Simcoe Conservation Authority
and its continued excellence in the protection of the Lake and the protection of the lake as
a whole. The Lake Simcoe Region Conservation Authority should take an active role in
the implementation of the Lake Simcoe Protection Plan.
Sewage treatment plants are small contributors of phosphorus to the basin. As such,
regulatory instruments should be developed and applied to large sources of phosphorus to
affect the most gain in phosphorus reduction in Lake Simcoe.
The Province should give additional consideration to the aggressive workplan for all
stakeholders within the proposed Lake Simcoe Protection Plan and establish long -term
funding sources to ensure success.
For more information on this report, please contact Laura McDowell, Director,
Environmental Promotion and Protection Branch, Environmental Services at ext.5077.
The Senior Management Group has reviewed this report.
(The attachment referred to in this clause is attached to this report.)
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COUNCIL ATTACHMENT 1
Cle9'`dr iav cftmntSmim
March 13, 2009
Ms. Liz Unikel
Senior Policy Coordinator
Ministry of the Environment
Environmental Programs Division
Lake Simcoe Project Team
7a' floor - 55 St.Clair Avenue West
Toronto Ontario
M4V 2Y7
Subject: Comments on EBR Posting 0104636 — the Draft Lake Simcoe
Protection Plan
Regional staff and staff of the area municipalities in the Lake Simcoe Watershed in York
Region have reviewed the draft Lake Simcoe Protection Plan and wish to commend the
Province on an aggressive and comprehensive plan to restore the quality of Lake Simcoe.
Background:
York Region has a long history of supporting initiatives to improve the quality of Lake
Simcoe. Since 1991, York Region has been a member of the Lake Simcoe Environmental
Management Strategy (LSEMS). The Region has been involved in multiple endeavours
to improve and protect the Lake; including watershed improvement projects through our
Greening Program and the Natural Partnership Program with the Lake Simcoe Region
Conservation Authority (LSRCA) to provide enhanced technologies and practices in
sewage treatment technology. These activities are carried out as part of our normal
practices.
York Region has also been actively involved over the past 18 months in commenting on
key components of this Provincial regulatory initiatives focusing on Lake Simcoe,
including:
• Providing comments on the Lake Simcoe Discussion paper, the Interim
Regulation, Bill 99, and the Lake Simcoe Protection Act
• Presenting to the Standing Committee on Bill 99
• Participating in discussions on the extension of Ontario Regulation 60108, the
draft Lake Simcoe Protection Plan and the Transition Regulation for the Act
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Through our involvement in these initiatives, the Region has delivered a consistent
message to the Province as follows.
Comments on Bill 99 - An Act to protect and restore the ecological health of Lake
Simcoe watershed and to amend the Ontario Water Resources Act in respect of
Water Quality Trading - September 2008
Regional Council at its meeting of September 18; 2008 endorsed Clause 10 of Report 8 of
the Regional Planning and Economic Development Committee, which identified changes
required to the proposed Bill 99. The key messages to the Province from this Report
included:
On -going Regional support for the Lake Simcoe Conservation Authority as
the lead agency for this initiative
The Region continues to support the Lake Simcoe Conservation Authority as the
lead agency for this initiative. This approach will build on their 17 years of
LSEMS work and avoid unnecessary duplication with the Authority mandate
under the Conservation Authorities Act and the Clean Water Act as well as
deliverables required for the Clean Water Act under the Georgian Bay Lake
Simcoe Source Protection Committee.
• Proposed Lake Simcoe Act and the Plan must recognize that approved
growth and future growth required by Places to Grow Plan will occur within
the watershed
Places to Grow — the Growth Plan for the Greater Golden Horseshoe, identifies a
York Region 2031 population of 1.5 million people and employment of 800,000
jobs. All municipalities within York Region are bound by requirements of the
Places to Grow Plan, including population and employment forecasts.
Approximately 69% of York Region is located within the Provincial Greenbelt
00 6"'-4-k (GB) and Oak Ridges Moraine Conservation Plan (ORMCP), an area effectively
excluded from accommodating additional growth.
In York Region, some of this population and employment growth will occur in the
Lake Simcoe watershed in the white -belt in East Gwillimbury and in existing
approved settlement areas in Georgina, East Gwillimbury, King, Newmarket,
Aurora and Whitchurch- Stouffville. The Lake Simcoe Act and the proposed Plan
must recognize this growth.
• Recognition and support for achievable wastewater effluent targets and
wider, high impact solutions, and water quality trading
The Act and the proposed Plan must recognize achievable targets for wastewater
effluent quality of sewage treatment plants in the Lake Simcoe watershed and
require a broader variety of solutions rather than just controlling phosphorus
inputs from wastewater treatment facilities, which account for a very low
percentage of the total phosphorus input to the Lake.
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York Region is working diligently to provide the highest practicable level of
sewage treatment in our plants discharging into the Lake Simcoe watershed, and
will support the Ministryy of the Environment's (MOE) efforts to establish a high
standard of treatment for all facilities within the Lake Simcoe basin.
However, in light of the existing technologies in place at the Region's sewage
treatment plants in the watershed, the Region is approaching a level of
diminishing returns on investment in the area of sewage treatment technology.
Further Ministry requirements placed on our existing approvals may be
impractical and difficult to achieve, if not impossible. Prior to lowering
Phosphorus limits, Regional staff is of the opinion that significant dialogue is
required with the bodies responsible for the approvals.
High impact, lower cost solutions to reduce phosphorus inputs to the Lake could
include managing and/or treating the Polder Wetlands discharge, investing in
agricultural and rural land improvements to deal with atmospheric deposition,
r� where possible, with the use of phosphorus locking agents (such as the one
undergoing testing by LSRCA in the Newmarket area), assisting municipal urban
storm water retrofits in all jurisdictions, and proceeding with water quality trading
programs.
Standing Committee on General Government November 2009
Regional staff also made representation to Standing Committee of the Legislature at its
public hearing on November 19, 2008 with the same key messages.
• Continued support for the Lake Simcoe Region Conservation Authority as
the lead agency for this initiative to recognize and build on the work and
expertise developed by the Authority over the past 18 years and reduce
duplication.
• Broadening representation on a governing body for the watershed to include,
business sectors, First Nations, members of the public and bona -fide
environmental groups, but accommodate this through a modified Authority
structure.
• Provision of long term stable funding for the initiative
• Coflaberadon to deliver Phosphorus reductions by addressing and funding
reductions by the largest contributors.
• Use of jurisdiction based permitting for effluent phosphorus loadings be
considered.
• Provisions for a viable water quality offsetting program without delay to
start capturing opportunities now.
In preparing this response to the EBR posting of the Draft Lake Simcoe Protection Plan,
Regional staff has benefited from continents from the Town of Georgina, the Lake
Simcoe Region Conservation Authority, Durham Region and the Building Industry and
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Land Development Association - York Chapter. Their submissions raise valid points that
must be considered by the Province as it develops this proposal.
Key Issues for York Region in the Draft Lake Simcoe Protection Plan:
York Region would like to highlight key issues integral to Regional operations and
planning, where we believe the Draft Protection Plan must be improved prior to approval.
These Key Issues are:
C Impact of the Plan on the Region's ability to service north York Region,
achieve Growth Plan requirements and provide for development of complete
communities
3 % • Fundin�to support Plan implementation
1 9 Capacity of the Province to deliver on the work plan
/` • Clarification of applicable policy
J • Municipal Requirements will add largely unfunded costs
Impact of the Plan on the Region's ability to service north York Region, achieve the
Growth Plan requirements and provide for the development of complete
communities.
As previously indicated, the Growth Plan requires that York Region provide for a
population of 1.5 million persons and between 780,000 and 800,000 jobs by 2031.
Approximately 69% of York Region is within the Provincial Greenbelt (GB) and Oak
Ridges Moraine Conservation Plan (ORMCP) and effectively excluded from additional
growth.
In York Region, some of this population and employment growth will occur in the Lake
Simcoe watershed in the white -belt in East Gwillimbury and in existing approved
settlement areas in Georgina, East Gwillimbury, King, Newmarket, Aurora and
Whitchurch- Stouffville.
Population and employment forecasts for local municipalities in the Lake Simcoe
watershed are highlighted in Table 1 below. The ability to service this growth —
particularly in Georgina with an additional 26,000 persons and nearly 14,000 jobs by
2031, on Lake Simcoe based sewage treatment plants and the ability to service population
and employment growth in East Gwillimbury of 66,000 persons and 26,000 jobs by 2031
are central issues of the Region's comments on this plan. Communities in Georgina are
intended to remain on Lake Simcoe based services and the Region is currently pursuing
expansions of both the Keswick and Sutton sewage treatment plants. Growth in East
Gwillimbury is dependent on the Upper York Servicing System and the Individual
Environment Assessment that is currently underway to identify and develop that solution.
However, storm water management from this growth is still intended to flow towards
Lake Simcoe.
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Table 1
York Region Population and Employment Forecast by Local Municipality in the
Lake Simcoe Watershed
Municipality
2006
2031
Growth 2006 to 2031
Aurora
Population
Employment
49,600
20,300
70,400
34,700
20,800
East Gwilllmbury
14,400
Population
21,900
88,000
66,100
Employment
Georgina
51900
31,800
25,900
Population
44,500
70,700
26,200
Employment
Kingw
8,000
21,700
13,700
Population
20,300
35,100
14,800
Employment
7,100
12,100
5,000
Newmarket
Population
77,400
97,300
19,900
Employment
Wfill urch-
42,100
49,700
7,600
Stoufi'"llla
.,
Populat on '
Employment
25,400
60,800
35,400
York Region Totals
10,900
23 700
12,800
Population
Employment
929,900
1,507,400
577,500
Households
462,400
69,500
798,700
135,700
336,300
66,200
Source: 2006 househdds based on Statiatcs Canada. 2008 0e11au6. 2008 population based on Stadstics Canada, 2006 Census using
an estimated undercount adjustment of 0.1%. 2006 employment based an York Region Planning Dapanmend Survay Data.
2011 to 2031 l0r2Casta provided by York Region planning and Development Services Department. 2008.
Note: Figures have been rounded to the nearest hundred
Chapter 4 of the draft Lake Simcoe Plan proposes Targets, Indicators and Policies
governing water quality from sources including sewage treatment plants, storm water
management, agricultural, ntral and urban runoff, subsurface sewage treatment,
construction, and aggregate resources. Policies for water quality monitoring and a
Phosphorus Reduction Strategy are also considered in this chapter.
The majority of the Policies proposed present no issues for the Region as they are a
matter of normal practice, except for the phosphorus limits, which are discussed below.
Stronger Controls required for Unregulated Phosphorus contributors
There are various contributors of phosphorus to the Lake Simcoe basin and that sewage
treatment plants represent 7% of total phosphorus contributions. However, much of the
control and limits for phosphorus are still being placed on sewage treatment plants. The
Region recommends that similar regulatory controls are placed on the larger phosphorus
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contributors in the basin. We believe that by characterizing the magnitude of the
contributions and addressing them equally or on a scale, there would be consistent
application of the right instruments for the most gain. By reducing some of the larger
contributions of phosphorus from the onset, the Province would see the largest returns
towards achieving the goal of 44 metric tonnes of phosphorus per year.
The draft Lake Simcoe Protection Plan recognizes Growth Plan requirements
The Region is pleased to see recognition. in the Phosphorus Reduction Strategy section of
the Draft LSPP (Policies 4.25 through 4.28) that phosphorus loading targets will
accommodate implementation of the Growth Plan for the Greater Golden Horseshoe and
long term phosphorus loading caps for all sewage treatment plants will likewise
accommodate population and employment growth allocated to areas pursuant to the
Growth Plan.
The link between this Protection Plan and the Growth Plan is a key message delivered to
the Province in previous Regional comments. To further reinforce links between the two
Plans, the Province may wish to consider inclusion of the Growth Plan municipal
population and employment forecasts within the Protection Plan once approved as part of
our growth management exercises.
While acknowledgement of the Growth Plan and phosphorus limits is a step forward for
municipal operators and owners of treatment facilities such as York Region, these caps
and flow capacities are tied to development of the larger Phosphorus Reduction Strategy
for the Lake or specific Lake areas such as Cooks Bay. This Reduction Strategy is
proposed to be undertaken within I year of the draft LSPP approval. If this does not
occur, or is delayed there are serious implications to the Region and its local
municipalities in their ability to achieve the Growth Plan requirements. This issue must
be resolved as part of the approval of the Lake Simcoe Plan and the potential extension of
Ontario Regulation 60/08.
Current total of individual phosphorus loading limits in the Interim Regulation
would facilitate approved growth in York Region and foster an overall phosphorus
reduction provided that a jurisdictional limit is implemented'
Policy 4.26 identifies that MOE is to consult on extending the Interim Regulation and
implies that amendments to the caps may be considered, but are not guaranteed. The
limits that were imposed under the Interim Regulation (that are currently being revisited)
should continue to provide for the growth that has already been approved within an
existing area. The Region has undertaken significant initiatives and would like to be
recognized for those past successes. We continue to support the notion of a jurisdictional
phosphorus limit, based on York Region's Master Plan, that allows for operational
flexibility. This approach would also satisfy ultimate servicing needs to 2031 by
permitting the Region to maximize specific site efficiencies, while facilitating operational
flexibility and manage the systems on a watershed basis.
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York Region strongly encourages the Province to combine the existing total phosphorus
loading limit of York Region STPs outlined in Interim Regulation into a jurisdictional
limit. The current limits set out in Interim Regulation already demonstrate a significant
drop in phosphorus limits over the existing certificate of approval limits. A jurisdictional
limit format combined with the existing total loading limits in the Interim Regulation will
also allow for approved development in thb Region to take place to 2031. If a
jurisdictional limit is not considered, increased effluent phosphorus limits will be
required for the Mount Albert and Sutton Sewage Treatment Plants.
Water Quality Trading Program Imperative
In upgrading the Region's sewage treatment plants, the Region is approaching a point of
diminishing returns. It takes several million dollars of capital expenditure to remove
and/or limit small quantities of phosphorus (e.g., in the order of kilograms per year) from
discharging into the Lake. An effective water quality trading program could be used to
achieve a greater improvement to the Lake for the money spent in sewage treatment plant
improvements. The Plan currently contemplates that research will be undertaken within
the year following Plan approval. The Region is of the opinion that not only should
research be undertaken, but a pilot project must be established within the year. York
Region would be pleased to work with the Province to identify and establish a suitable
pilot project.
Recommendations dealing with Chapter 4 - Water Quality
1. The Plan be amended to apply stronger controls and limitations on
unregulated Phosphorus contributors
2. Province to consider inclusion of the municipal Places to Grow population
and employment forecasts in the Protection Plan once forecasts are
approved as part of our growth management exercises.
3. Permitted phosphorus loadings in 0. Reg. 60/08, if extended, provide
sufficient Nxibility to recognize the ultimate projected loadings required
to service growth in York Region to 2031.
4. Province move to allocation of Phosphorus caps on a jurisdictional basis
as opposed to a plant by plants caps to permit the Region to maximize
specific site efficiencies, while facilitating operational flexibility and
manage the systems on a watershed basis. Jurisdictional permits should
also be considered in conjunction with the extension of O.Reg. 60108.
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Funding to Support Plan Implementation
The draft Lake Simcoe Protection Plan acknowledges that funding issues have been an
issue for all stakeholders. The estimates for Plan implementation in the first 10 years
range between $100 million and $135 million, exclusive of municipal infrastructure costs
of $120 million-for storm water management and $105 million for sewage treatment plant
upgrades, with requirements for higher treatment levels to accommodate expected
population growth. These figures bring the projected total cost of implementation to over
$360 million.
The Province's $20 million contribution (over four years) is to focus primarily on
providing assistance to fanners to encourage agricultural best management practices,
scientific research and monitoring and administrative support for the two additional
committees established_ There is no indication whether this is a one time Provincial
commitment or ongoing funding support. There is no mention of the $30 million Federal
contribution through PROPEL funding and it's place in future implementation.
The Plan speaks to innovative funding, partnerships, full cost and user pay principles.
However, a comprehensive breakdown of anticipated costs or revenue sources is still
unclear as this is not explicitly detailed in the Plan.
Regional Finance staff has reviewed the document and have indicated issues with the
sustainability of the Plan given the lack of specifics. In the absence of detailed
information and given current and anticipated fiscal shortfalls and projected Provincial
deficits, we emphasize that unfunded mandates are unlikely to succeed. A long -term
stable financial commitment is vital to the success of this Plan.
York Region recommends that the Province and Federal governments establish a Lake
Simcoe Endowment Fund in the order of $500 million in order to generate revenues of
approximately $36 million per year for each of 10 years. This type of financial
arrangement would provide finances for Plan implementation in a sustainable manner
regardless of potentially changing governments and/or mandates.
Capacity to deliver on the Work Plan
The anticipated outcomes of the Lake Simcoe Protection Plan represent one of the most
labour intensive Provincial initiatives in recent memory. While the Plan itself represents
a monumental undertaking, the work plan contemplated over the next 3 years represents
is extremely aggressive.
Based on a review of commitments, the Province is promising delivery of approximately
32 studies within a 3 year timeframe In contrast LSRCA is committed to undertaking
only 2 studies within 1 year, and I each, within the next 3 years. Municipalities are
committed to undertaking 3 studies within 5 years.
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Any deviations from this timetable or inability to provide adequate resources will delay
delivery of other elements of Plan. Given current fiscal limitations and projections of
deficits in Provincial funding, there is a very real possibility that this timetable will be
impacted. Notwithstanding statements in the Implementation section that implementation
will be based on funding priority actions critical to achieving the targets and objectives
set out in the Plan, many of the studies are imperative in the short term
Moreover, based on experiences with other Provincial Plans, including the Oak Ridges
Moraine Conservation Plan, the Greenbelt Plan, and the Growth Plan for the Greater
Golden Horseshoe, we are concerned that the Province needs additional resources to fully
deliver on details to ensure successful implementation.
The Region suggests that the Lake Simcoe Region Conservation Authority ( LSRCA), if
Provided with stable long -term funding, is in an ideal position to deliver many of these
studies. The Authority has been internationally recognized for its work in watershed
planning, its staff has the benefit of years of research and project management in this
field and they have the jurisdictional contacts to make these programs successful. We
suggest that the Province look to the LSRCA and its capabilities, prioritize the necessary
tasks and leverage expertise and funding to ensure the studies are completed on-time and
on budget.
Clarification of applicable policy
There are a number of Provincial Plans competing for dominance in the Lake Simcoe
watershed. As a result, there are a number of instances throughout this plan where it is
not entirely clear which policies apply and what the Province was actually intending by
the policy.
As examples, Policy 4.4DP in Chapter 4 (Water Quality), permits the Director to approve
a non - municipal sewage treatment plant in the watershed unless section 6 of O.Reg.
60/08 has been revoked and the applicant demonstrates that there will be a net reduction
in phosphorus loadings to the watershed. It is not clear whether this policy is applied
throughout the watershed, even in the Greenbelt Plan and the Oak Ridges Moraine
Conservation Plan area or what new non - municipal sewage treatments plants can
contemplated or whether this could limit a municipal decision not to permit non -
municipal plants.
Similarly it is not entirely clear in Chapter 6 (Shorelines and Natural Heritage) whether
all or some policies exclude Greenbelt and ORMCP lands.
A critical evaluation and clarification of all policies and potentially a chart of
applicability will help in Plan interpretation.
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Municipal Requirements relating to Storm Water Management and Septic Re-
inspections will add largely unfunded costs
Storm Water Management
As identified in comments from the Town of Georgina, Policy 4.5 requires
municipalities, in collaboration with the Lake Simcoe Region Conservation Authority
( LSRCA), to prepare and implement comprehensive stormwater management master
plans (SWMP) for each settlement area in the Lake Simcoe watershed. The policy sets
out a number of criteria directing how the SWMP's are to be prepared and what they
must include. Most notably, the last two criteria require "an identification of the
recommended approaches for stormwater management in each settlement area and an
implementation plan for the recommended approaches"
r The main issues relate to the costs and implementation challenges associated with
S WMP's, the maintenance and retrofitting of existing stormwater facilities to meet new
standards and the costs associated with the provisions of storm water management in
existing developed areas with uncontrolled run -off.
The Town of Aurora has undertaken a Storm Water Management Master Plan at a cost of
approximately $86,000. In the Aurora case, the study identified a need for 2 additional
wet ponds over 10 years with a capital cost of $7.9 million exclusive of land costs or
availability. The costs of implementation of the recommendations however are in the
order of $25.3 million over the next 20 years.
In Georgina's case, the estimate for undertaking a Master Plan for Keswick (one of three
settlement areas that will be subject to the master plan policy and be required to
undertake Master Plans within 5 years) is approximately $160,000. Implementation costs
are unknown.
In 2007, LSRCA undertook to quantify the costs and opportunities for Stormwater
retrofits in the watershed The report, entitled "Lake Simcoe Basin Stormwater
Management and Retrofit Opportunities 2007'identifies 150 opportunities in
communities in York Region at a total estimated retrofit costof $53.3 million, saving
3,161 kglyr of Phosphorus. On a total watershed basis there were 279 opportunities
identified, totalling $116.7 million in costs and saving 7,260 kg/yr.
Even with growth associated with Growth Plan forecasts, municipal costs for this work in
existing development areas are largely unfunded. A funding source will be required to
assist smaller municipalities in achieving conformity with the Lake Simcoe Protection
Plan as currently drafted.
Septic Re- inspections
Policy 4.14 requires the Ministry of the Environment and the Ministry of Municipal
Affairs and Housing (MMAH) and the Ministry of the Environment (MOE) to develop a
proposal for a regulation under the Ontario Building Code Act, 1992 to designate the
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lands within 100 metres of the Lake Simcoe Shoreline and any permanent stream of Lake
Simcoe as a prescribed area for required on -site sewage maintenance re- inspections.
The Town of Georgina has three main issues relating to this proposal. Town staff
recommend that the focus of the program should be on older systems (10 to 15 years), as
these are more likely to have problems and that municipal staff should be consulted in
writing the regulation. Further, it is not clear from the wording whether the proposal deals
with re- inspections of private residential Class 4 septic systems. If so wording changes
are required in Policy 4.14 to acknowledge this approach.
Lastly Georgina staff has issues with the various costs associated with a re- inspection
program. In the Town's view, the cost of re- inspections and any remedial actions or
works should be borne by the individual landowners, potentially with provincial incentive
funding. Further details of the Town's issues and comments can be found within the
Town's report PB -2009- 0022, dated March 2, 2009, and endorsed by the Town's
Committee of the Whole on that date.
Recommendations dealing with Chapter 8 Implementation and General Plan
5. The Province focus on tangible outcomes and determine the manner in
which the anticipated 10 -year Plan costs can be made financially
sustainable, such as a Lake Simeoe Endowment Fund in the order of
$500 million in order to generate revenues of approximately $36
million per year for each of 10 years.
6. The Province leverage the experience of the LSRCA and develop
additional partnerships with the LSRCA from a financial and
research perspective to deliver many of these studies on time and on
budget.
7. Province should clarify policy applicability given competing Provincial
Plan coverage in the watershed.
8. Costs associated with undertaking and implementing Municipal Storm
Water Master Plans and costs and resources required to re- inspect
septic systems within 100 metres of permanent streams and the Lake
Simcoe Shoreline are an issue. Provincial funding may be required to
assist municipalities satisfy these aspects of Lake Simcoe Protection
Plan implementation.
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We trust these cemme:.nts are of assistance to the Province. Region of York staff look
forward to working with the Province and its partners in implementing the Lake Simcoe
Protection Plan and would be pleased to discuss any issues that arise from these
comments. Please contact Michele Maitre, Manager of Regulatory Compliance at 905-
830-4444, ext. 5097, michele.maitre@,vork.ca or Barbara Jeffrey, MCIP, RPP, Manager
of Land Use Policy and Environment 905 - 830 -4444, ext.1526, barbara.ieffrey a york.ca
should you require clarification.
Sincerely,
65��
Erin Mahoney, M. Eng,
Commissioner of Environmental Service
BJ /CD/bj
Bryan W. Tuckey, M.C.I.P., R.P.P.
Commissioner of Planning and
Development Services
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