11 25 2009 SpCouncil Agenda #2TOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Township of
DATE: WEDNESDAY, NOVEMBER 25, 2009
Prorrd Her-itea~e, Exciting Future TIME: 5:00 P.M.
Page
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. ADOPTION OF AGENDA
a) Motion for Adoption.
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. DEPUTATIONS:
3-13 a) 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secretary-Treasurer,
Nottawasaga Valley Conservation Authority, re: Proposed Draft NVCA -
Municipal Streamlining Agreement.
6. PUBLIC MEETINGS:
a) 5:30 p.m. Proposed Amendment to the Zoning By-Law, Application 2009-ZBA-
18 to 2009-ZBA-23, (Indian Park Association).
b) 6:00 p.m. Plan of Subdivision and Zoning By-Law Amendment, 2008-SUB-02
and 2008-ZBA-14 (Lake Simcoe Aeropark Inc.), West Half of Lots 18 and 19,
Concession 8 (Oro), Township of Oro-Medonte.
7. PLANNING APPLICATIONS:
14-20 a) Report No. DS 2009-72, Andria Leigh, Director of Development Services, re:
Zoning By-law Amendment 2009-ZBA-15 (Willette & Smith) East Part of Lot 15,
Concession 9 592 15/16 Sideroad East (Formerly Oro Township) Refer to Item
8a)].
21-25 b) Report No. DS 2009-73, Andria Leigh, Director of Development Services, re:
Zoning By-law Amendment 2009-ZBA-16 (Radio Com/Telequip) Part of Lot 4,
Concession 4, 2764 Line 4 North (Formerly Oro Township) [Refer to Item 8b)].
Page 1 of 30
Page
8. BY-LAWS
26-27 a) By-Law No. 2009-160 A By-law to amend the zoning provisions which apply
to lands within East Part of Lot 15, Concession 9,
municipally known as 592 15/16 Sideroad East,
(Former Township of Oro), now in the Township of
Oro-Medonte (Willette & Smith 2009-ZBA-15).
28-29 b) By-Law No. 2009-162 A By-law to amend the zoning provisions which apply
to lands within Part of Lot 4, Concession 4,
municipally known as 2764 Line 4 North, (Former
Township of Oro), now in the Township of Oro-
Medonte (Radio Com/Telequip 2009-ZBA-16).
9. CONFIRMATION BY-LAW
30 a) By-law No. 2009-155 Being a By-Law to Confirm the Proceedings of the
Special Council Meeting Held on Wednesday,
November 25, 2009.
10. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
11. ADJOURNMENT
a) Motion for Adjournment.
Page 2 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
From: Chris Hibberd [mailto:chibberd@nvca.on.ca]
Sent: October 16, 2009 4:33 PM
To: ; Andria Leigh;
Cc: bryan.mackell@simcoe.ca; Wayne R.. Wilson; Laurie Barron; Timothy Salkeld; Patti
Young
Subject: NVCA - MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
To Planning Directors within the Nottawasaga Valley Conservation Authority's
(NVCA) Area of Jurisdiction!
This e-mail and the attached Proposed Draft NVCA - Municipal Streamlining
Agreement are being circulated to the Planning Directors within the NVCA's area of
jurisdiction. Please forward the document to any colleagues or other staff as
appropriate.
Background: In March 2009 as part of the Business Plan Update discussions with the
NVCA Planning Advisory Committee (PAC), one of the action items included examining
opportunities to update existing municipal agreements and to establish new
agreements. At the May 8th PAC meeting a draft agreement prepared by staff was
provided to the PAC members for discussion purposes. It was noted that currently the
NVCA has an agreement with the County of Simcoe and a minor variance/consent
screening agreement with most of our member municipalities. There are also service
agreements with a few of our member municipalities. The PAC members saw benefit in
developing service agreement(s) with all of the watershed municipalities. The committee
advised that the agreement should clearly outline in the background section the
mandatory services that the NVCA provides including natural hazard planning and
regulations as well as watershed natural heritage/planning. A subsequent version of
the draft agreement was presented at the September 11, 2009 PAC and the following
action items were identified: 1) to further revise the agreement based on meeting
discussions; 2) to circulate the document to NVCA's solicitor for review; 3) to circulate
draft agreement to a few municipalities for initial thoughts and comments; and, 4)
provide the agreement to the Board of Directors for discussion. On October 9th the
NVCA Board of Directors unanimously supported the revised draft streamlining
agreement and directed staff to circulate it to the watershed municipalities.
Page 3 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
Purpose: As you are aware the NVCA provides plan review and regulatory functions
exercised under the Planning Act and the Conservation Authorities Act, as described in
the NVCA Planning and Regulations Guidelines approved August 28th 2009, or other
applicable legislation. The proposed agreement is a partnership between the NVCA and
its member municipalities intended to promote streamlining of the plan review process
including enhancing communications and issue resolution.
Next Steps: NVCA staff and the Chair and Vice-Chair plan to appear this fall/winter
before all 18 watershed councils to provide information and receive municipal feedback,
with the expectation of entering into these streamlining agreements with all of our
members by the spring of 2010.
To coordinate a deputation to your council please contact Laurie Barron at extension
227 or if you have any questions on the draft streamlining agreement please feel free to
contact the undersigned.
In addition to the streamlining agreement, NVCA staff wish to advise that our Planning
and Regulations Guidelines were approved by the Board of Directors on August 28,
2009 and can be found on our website at:
httD:Hnvca.on.ca/ws Dar/arougs/public/(a~Dub/(a)nvca/documents/web content/wsgar 0
19646.Ddf
Regards, Chris
Chris Hibberd, MCIP, RPP
Director of Planning
Nottawasaga Valley Conservation Authority
John Hix Conservation Administrative Centre,
8195 Concession 8th Line, Utopia ON LOM 1T0
P: (705) 424-1479 Ext. 229, email: chibberd(a-)nvca.on.ca
This email message, including any attachments, is for the sole use of the intended
recipient(s) and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or redistribution is prohibited. If you are not the intended
recipient, please contact the sender and destroy all copies of the original message.
Page 4 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
Draft
NVCA - MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
FOR PLAN REVIEW AND TECHNICAL CLEARANCE & FEE COLLECTION
BETWEEN
THE WATERSHED MUNICIPALITIES
AND
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
Date: October 2009
Version 5
Page I of 7
Page 5 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
NVCA MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
INTRODUCTION
Page 2 of 7
Nottawasaga Valley Conservation Authority (NVCA) provides plan review and regulatory functions exercised
under the Planning Act and the Conservation Authorities Act, as described in the NVCA Planning and Regulations
Guidelines approved August 28`" 2009 (or successor), or other applicable legislation. As outlined below this
agreement is a partnership between the NVCA and its member municipalities intended to promote streamlining of
the plan review process including enhancing communications and issue resolution.
The PURPOSE of this agreement is to:
a) Provide for effective and streamlined NVCA plan review and
the Watershed Municipalities to make environmentally
consistent with the Conservation Authorities Act and relevant
b) Support and streamline the municipal plan review system whc
possible the creation of a "one window" planning system oper,
c) Clarify the roles and responsibility of the NVCA planning and
d) Develop clear protocols for NVCA-Municipal plan review co_
3 currently under development).
• wetlands;
• wildlife habitat;
• habitats of threatened and endangered species;
• fish habitat;
• areas of natural and scientific interest;
• woodlands;
• valley lands;
• flood, erosion and dynamic beach hazards;
• flood and erosion watercourse and valley land hazards;
• ground water discharge and recharge areas;
• ground water quantity and quality;
Page 2 of 7
clearance support/expertise to assist
cisions on planning applications;
and local policies;
pities exist to facilitate as much as
the Municipality;
and,
ue resolution (Schedule
Page 6 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
NVCA MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
• surface water quantity and quality.
Page 3 of 7
(ii) Implement the Fish Habitat Management Agreement as signed between NVCA and the
Department of Fisheries and Oceans Canada, to expedite the review of development applications
and protect fisheries habitat, including, identify the need for an application to be processed
through an application for mitigation and compensation under the Federal Fisheries Act.
(iii) Assist in the technical aspects of applying alternative development standards as a best
management practice for stormwater management purposes and enhancement of natural heritage
features and functions consistent with Provincial and local polices.
c) Information or data sources generated through municipal or watershed studies or source water protection
work will be shared with the Municipality, provided that the data sources are not restricted under third
party licensing.
(iv)
to the municipality as would normally be
Authorities Act, or other applicable legislation.
e) Both parties agree to actively participate in predevelopment consultation.
3. TERM
a) The Municipality and the
i) The term of this agreement shall be for a period of three years from the date of execution by the
ii) That the municipality and the CA will generally review this Agreement annually, to consider changes in
programs of the parties or changes in Provincial policies, and at least three months prior to the expiry of
each three-year term. The municipality's Planning and Building Department and NVCA staff will monitor
the agreement and its expiry;
Municipality and the agreement shall be automatically extended for additional three-year terms, on the
same terms and conditions as contained herein at the discretion of the municipality and the NVCA, until
terminated or amended by either party in accordance with subsection 3(b) herein. Notwithstanding the
above, the Screening Maps may be updated at any time at the discretion of the Municipality and the
NVCA;
iii) To explore further opportunities to streamline the plan review system as it relates to Provincial and
regional/local interests;
Page 3 of 7
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Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
NVCA MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
Page 4 of 7
iv) To make provisions for NVCA staff to attend Ontario Municipal Board Hearings with municipal staff,
with respect to the plan review and technical clearance services provided pursuant to this agreement. Where
municipal staff are attending Hearings in which matters of mutual interest are at issue, municipal staff may
attend to represent both agencies' interests, at the mutual agreement of both parties. Notwithstanding the
aforesaid, the NVCA will not be precluded from independently appealing a decision to the Ontario
Municipal Board if they so choose;
v) To participate jointly in preconsultation as appropriate for new development proposals;
vi) That fees for plan review and technical clearance services shall be set by the NVCA, as approved by the
Nottawasaga Valley Conservation Authority Board of Directors, and reflected in the approved planning Fee
Schedules, and any approved revised Schedules will be provided to the municipality as they occur. The
municipality shall collect the base NVCA planning application fee, and remit any fees collected in a timely
manner with the application to the NVCA;
vii) That the NVCA shall be responsible for
fees as required;
b)
C)
viii) It is agreed that the Municipality will not
issue building permits or provide final approval
may require a permit from the NVCA under its B
ix) That the municipality shall
NVCA fees and/or attach the A
municipal staff will actively enSL
payment of any additional NVCY
x) That the NN
the best scien
available; and,
y a Screening Map, as described in Schedule 2, based on
be updated periodically as new information becomes
requirements of the Municipal Freedom of Information and Protection
er M.56.
reement at any time upon delivering 12 months written notice of
mail, to all of the other parties, which notice shall be deemed to be
om the date of mailing.
this agreement shall be delivered to the parties at the following address:
Nottawasaga Valley Conservation Authority
John Hix Administrative Centre
8195 8th Line, Utopia ON LOM ITO
Attention: Chief Administrative Officer
Page 4 of 7
Page 8 of 30
Municipality of
Address:
Attention: Chief Administrative Officer
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
NVCA MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
4. THE AGREEMENT
Signed, Sealed and Delivered
The Corporation of the
Mayor
Chief Administrative Officer
The Nottawasaga Valley Conservation Authority
Page 5 of 7
Page 5 of 7
Page 9 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
NVCA MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT
Screening Procedure
SCHEDULE-1
Page 6 of 7
1. The following Screening Criteria is to be used in conjunction with the NVCA (CA) Screening Map to
provide the municipality with a reference for the circulation of development applications and/or policy
documents.
2. All policy documents that may affect environmental and/or natural hazard issues and/or NVCA lands
should be circulated to the NVCA for comment; e.g., Official Plan and Secondary Plan Amendments,
Policy Amendments, Background Municipal Studies, Subwatershed Studies, Environmental Assessments
and other environmental studies.
3. Where the land area of a development application is wholly, or partially within or abutting the NVCA
Screening Area described on the Screening Map, the following applications should be forwarded, along
with the required appropriate review fee as part of the approvals process:
also any applications related to items c, d or g
also anv applications related to items
are both within and outside the screening area.
ch have not received previous site plan or subdivision approval,
cents, creation of new lots or part lots, and/or lot boundary
uant to Section 41 of the Planning Act which are both within and
outside the screening area.
4. For Building Permit Applications, the watershed municipality will advise applicants to confirm any
requirements directly with the NVCA, and ensure that the application is in accordance with the
requirements of the Ontario Building Code that building permits shall not be issued for properties that may
be subject to flood hazards, until such time as requisite clearances have been provided by the NVCA.
5. Any works proposed within or adjacent to a valley or stream corridor or other areas regulated by the
NVCA, may require NVCA permit approval under the NVCA's Ontario Regulation. Where it has been
identified by the NVCA that such permits are required, this requirement shall be identified in, and where
feasible be a condition of, all Planning Act approvals provided by the Municipality.
6. For all development applications not within NVCA regulated areas, or other areas of concern to the NVCA,
the Municipality will be solely responsible for the review, approval, inspection and enforcement of erosion
and sediment control measures during the construction period.
7. Within the area of interest of the NVCA, landscape and planting requirements, in addition to sediment and
erosion control requirements may be required by the NVCA, and shall be considered by municipal staff in
their review of affected applications.
8. For all applications listed in number 3 (above), the NVCA may require review of, and/or request additional
studies in support of, proposed or requisite stormwater management measures.
SCHEDULE-2
Page 6 of 7
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Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
NVCA MUNICIPAL STREAMLINING PARTNERSHIP AGREEMENT Page 7 of 7
Definitions
1. "Plan Review" is defined as:
(i) reviewing development applications in a timely manner recognizing the Planning Act
objectives;
(ii) delineating the limits of the natural features and systems;
• Any disputes should be resolved in a collaborative manner between the NVCA and Municpal staff.
• Each party should clearly articulate their expectations with clear lines of communication and respect for each
part's interests.
• Before proceeding to any formal dispute resolution mechanisms involving NVCA Board or Directors or
Municipal Council, the NVCA and Municipality staff should use their best efforts to jointly develop a written
issue statement, describing the facts and events leading to the dispute and potential resolution options.
Page 7 of 7
Page 11 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
5'00 ` .1<r_
PLANNING SUPPORT STREAMLINING AGREEMENT ~~w~ct 1
NVCA - Township of Oro-Medonte
Member
Municipalities
Adjala-Iosorontio
Amaranth
Barrie
The Blue Mountains
Bradford-West Gwillimbury
Clearview
Collingwood
Essa
Presented to: Mayor Hughes and Council of the Township of Oro Medonte
Wednesday November 25/09 by: Wayne R. Wilson, CAO/Secretary-Treasurer
PURPOSE
➢ Effective and streamlined NVCA planning support to assist
municipalities to make environmentally sound decisions consistent
with current legislative and policy mandates.
➢ Partnership agreement for plan review and technical clearance and
fee collection.
KEY ELEMENTS
➢ Define relevant environmental planning mandate (roles and
responsibilities, legislation, policies...)
➢ Describe NVCA technical expertise - support available/required
➢ Facilitate effective municipal plan review and smart growth
(environmental, social and economic)
➢ Communications - issue resolution - solution focused
Innisfil
DEVELOPMENT OF AGREEMENT
Melancthon
➢
Seek Municipal Council support in principle
Mono
A
Staff jointly develop agreement for Council/Board approval
Mulmur
NewTecumseth
KEY COMPONENTS
Oro-Medonte
➢
Effective communications, defines roles and responsibilities
➢
Identify key audiences/partners
Grey Highlands
➢
Issue resolution focus - local solutions
Shelburne
➢
Clarify fees: what, when, how collected, why?
Springwater
➢
Municipal screening protocol to streamline review
Wasaga Beach
➢
Clarify NVCA professional and technical support (what, when,
policies)
Watershed
➢
One window approach focus
coordinated via Municipality
Counties
➢
,
Integration with NVCA/DFO Fisheries Habitat agreement
Simcoe
➢
Cooperation - full sharing of information
Dufferin
➢
Dynamic - ongoing - 3 year renewal agreement
Grey
➢
Pre-development consultation, critical to define issues, and who will
do what.
Member of
QUESTIONS------------------Thank you
Conserving our Healthy Waters
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
Conservation
ONTARIO
John Hix
Conservation Administration Centre - Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO
I.-It Ch-p-1
Telephone: 705.424.1479 Fax: 705.424.2115 n Web: www.nvca.on.ca irc Email: admin@nvca.on.ca
Page 12 of 30
Agenda Item # 5a) - 5:00 p.m. Walter Benotto, Chair; Wayne Wilson, CAO, Secrets...
Key Areas
Natural Heritage
/Natural Hazards
Agreement Benefits
Pre - Agreement Post Agreement
Province, County,
Municipality and NVCA
all have interest
NVCA would review and
address relevant
County/Prov, Municipal
and watershed interests
Screening planning Plannina Act requires all Agreement would allow
applications applications to be for a focused circulation
circulated to NVCA 30 to 50% reduction
Review fees
Issue resolution
Efficiency/duplication
Pre-development
consultation
Mandated roles and
functions
V 1.1 Nov 23/ 09
Review fees collected in Coordinate review fee
isolation collection
Independent process
following CA and
Municipal protocol. e.g.
separate NVCA Board of
Directors and Municipal
Council direction
Formalized NVCA-
Municipal planning issue
resolution agreement.
Focusing on open
communications and
early resolution.
Predevelopment
consultation greatly
reduces issues
Potential for inefficiency
and duplication of efforts
in Planning and
Technical review
Expectation of the
Plannina Act
Is currently done in
isolation, may not
happen.
Increase efficiency
through coordination.
Promote and strengthen
Municipality's current role
as the local one window
coordinator, reduced
opportunity for duplication
Formalized process.
Get all the players to the
table to identify issues
and provide solutions.
Reduce duplication
Identified need to define Effective tool to define
roles and responsibilities roles and responsibilities
Page 13 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
T.;x+d H.+rfmge. F,x+irvrg Pnrnre
Report No.
DS 2009-072
Meeting Date:
November 25, 2009
Roll
4346-030-012-0220
TOWNSHIP OF ORO-MEDONTE
REPORT
To: Council
Subject: Zoning By-law
Amendment 2009-ZBA-15
(Willette & Smith)
East Part of Lot 15,
Concession 9
59215/16 Sideroad East
(Formerly Oro Township)
Prepared By:
Andria Leigh, Director of
Development Services
Motion #
R.M.S. File
D14 39726
RECOMMENDATION(S):
It is recommended:
Requires Action
For Information Only
1. THAT Report DS 2009-072 be received and adopted;
2. THAT Zoning By-law Amendment Application 2009-ZBA-15 for Willette and
Smith, East Part of Lot 15, Concession 9, Township of Oro-Medonte,
(Former Oro Township) on Schedule A13 on the Zoning By-law 97-95 (as
amended) from Institutional (1) Zone to Rural Residential Two Exception
(RUR2*191) 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 a proposed Zoning By-law Amendment
Application submitted by Nathan Willette and Laurie Smith. This rezoning application
has been submitted as a requirement of their purchase of the property in order to permit
the use of the property for residential purposes. The applicant's lands are located at the
East Part of Lot 15, Concession 9, on the north side of 15/16 side road east and west of
Line 9 North, municipally known as 592 15/16 Sideroad East. The rezoning proposes to
rezone the existing institutional building, which is not currently being utilized, in order to
permit the future use of the property for residential purposes.
ANALYSIS:
In order for the existing building to be utilized for residential purposes, the rezoning
application is required to be approved. The Rural Residential Two Exception zone is
Development Services
Report No. DS 2009-072
Meeting Date November 25, 2009
Page 1 of 7
Page 14 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
consistent with the surrounding land uses and is intended to recognize the location of
the existing building which does not comply with the required front yard setback. The
subject lands are designated Agricultural and currently zoned Institutional (1) based on
the previous usage of the property as the Mitchell Square Church.
A public meeting was held on October 29th, 2009 to receive comments from members of
the public and relevant agencies. No one spoke at the public meeting.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
Township of Oro-Medonte Official Plan:
The lot subject to the rezoning is located in the "Agricultural" designation.
Permitted uses within the Agricultural designation include single detached dwellings
such as proposed through this rezoning application. The objectives of the Agricultural
designation are to preserve and promote the agricultural character of the Township and
to maintain the open countryside. The rezoning applies to an existing lot of record
which has historically been the site of a church facility. This facility has closed and the
proposed purchasers of the property are seeking to utilize the property for residential
purposes. Surrounding lands uses include both agricultural and residential uses and
therefore the proposed rezoning would maintain the character of the surrounding area.
On this basis, the application to rezone the lands to permit residential use of the lands,
constitutes a permitted use in accordance with the Agricultural policies of the Official
Plan and is consistent with surrounding land uses.
Zonina By-law 97-95:
The subject lands are zoned Institutional (1) for the previous use of the lot for a church
facility. The lands have been sold and the proposed purchaser of the property is
intending to utilize the property for residential purposes. The rezoning proposes to zone
the property in a Rural Residential Two (RUR2) zone; an exception is also required in
order to recognize the existing location of the building which is deficient in the required
front yard. The existing building is located 4.9 metres from the front lot line rather than
the required 8 metres; the existing building complies with all other required setbacks.
The Rural Residential Tow (RUR2) zone requires a minimum lot frontage of 45 metres
and minimum lot area of 0.4 hectares; the existing lot has a lot frontage of 54.8 metres
and a lot area of 0.416 hectares and therefore complies with the necessary zone
requirements.
Countv Official Plan
In analyzing this Zoning By-law Amendment application, Township staff reviewed both
the County Official Plan currently in effect as well as the Official Plan adopted by County
Development Services
Report No. DS 2009-072
Meeting Date November 25, 2009
Page 2 of 7
Page 15 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
Council in November 2008. The County Plan also contains General Development
Policies and Guidelines which are found in Section 4.3. These policies are focused
more on the design and layout of proposed developments. The policies require that
proposed developments consider: the minimization of removal of natural vegetation,
and the scale and pattern of development being compatible with the character of the
existing area. The proposed rezoning of the lands to permit use of the land for
residential purposes consistent with the surrounding land uses has been determined
that it conforms to the policies of the County Plan. The adopted County Plan continues
to include the policies discussed above and therefore, it is our opinion that the proposed
development generally conforms to the policies of both County Official Plans (approved
and adopted).
Provincial Policv Statement
The intent of the Provincial Policy Statement (PPS) is to build strong and healthy
communities while at the same time promoting efficient land use and development
patterns.
Policy 1.1.4 contains the policies in Rural Areas in municipalities which permits
residential uses to occur in the rural area outside of settlement areas on a limited basis,
The proposed rezoning is intended to provide for re-use of an existing lot which
currently contains an institutional building for residential purposes. The proposed use is
consistent with other lots of record in the surrounding area.
In Policy 1.6, "Infrastructure and Public Service Facilities", addresses issues such as the
use of existing infrastructure and public service facilities should be optimized, wherever
feasible, before consideration is given to developing new infrastructure and public
service facilities. The lot is already serviced by an individual well and private septic
system which will continue to be utilized for the residential use of the lot.
The proposed Amendment to the Zoning By-law which provides for a residential use is
considered to be consistent with the Provincial Policy Statement.
Places to Grow
The application has been reviewed with reference to the Place to Grow policies that
have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that
allow for residential development to occur outside of settlement areas in site specifi;;
locations with approved designations. The proposed rezoning provides for an existing
lot of record to be utilized for residential purposes instead of institutional purposes in
accordance with the existing designation provided for within the Official Plan policies,
the rezoning of this lot would conform with this policy.
Based on the above, the application to amend the Zoning By-law would generally
conform with the Place to Grow legislation.
Development Services
Report No. DS 2009-072
Meeting Date November 25, 2009
Page 3 of 7
Page 16 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
CONSULTATIONS:
County of Simcoe- No Comment
Simcoe County District School Board- No Objection
Lake Simcoe Region Conservation Authority- No Comment -located outside regulated
area
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Proposed Zoning By-law
CONCLUSION:
The Zoning Amendment application proposes to rezone an existing church building to
allow for its usage as a residential building. The exception is intended to recognize the
existing location of the building which requires a reduced front yard setback to be
identified. 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-15 be approved
and adopted by Council. The Zoning By-law Amendment is attached for the Council's
reference.
Respectfully submitted:
-°4- -~7-4
Andria Leigh, MCIP, RPP
Director of Development Services
SMT ADoroval / Comments: C.A.O. ADDroval / Comments:
Development Services Meeting Date November 25, 2009
Report No. DS 2009-072 Page 4 of 7
Page 17 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
ATTACHMENT 1: LOCATION MAP
2009-ZBA-15 (Willette and Smith)
SUBJECT LANDS
592 15/16 Sideroad
X
7
1 1
15116 SIDEROAD
0)
ui
Zi
Development Services
Report No. DS 2009-072
Meeting Date November 25, 2009
Page 5 of 7
Page 18 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
ATTACHMENT 2: PROPOSED ZONING BY-LAW
2009-ZBA-15 (Willette and Smith)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY- LAW NO. 2009-160
A By-law to amend the zoning provisions which apply to lands within
East Part of Lot 15, Concession 9, municipally known as 59215/16 Sideroad East, (Former
Township of Oro), now in the Township of Oro-Medonte
(Willette & Smith 2009-ZBA-15)
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
residential uses, in accordance with Section C** of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. Schedule `A13' to Zoning By-law 97-95, as amended, is hereby further amended by changing
the zone symbol applying to the land located in East Part of Lot 15, Concession 9,
municipally known as 592 15/16 Sideroad East, in the former geographic Township of Oro,
now in the Township of Oro-Medonte, from Institutional (1) Zone to the Rural Residential Two
Exception 191 (RUR2*191) 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 the addition of the following subsection:
7.191 *191 - East Part of Lot 15, Concession 9, municipally known as 592 15/16
Sideroad East, (Former Oro)
(a) Notwithstanding "Table 131 Standards for Permitted Uses", the minimum required
front yard setback shall be 4.9 metres;
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 25TH DAY OF NOVEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Development Services
Report No. DS 2009-072
Meeting Date November 25, 2009
Page 6 of 7
Page 19 of 30
Agenda Item # 7a) - Report No. DS 2009-72, Andria Leigh, Director of Development...
Schedule 'A' to By-law
No. 2009-160
This is Schedule 'A' to By-Law 2009-160
passed the 25th day of November, 2009.
1
- 15,16 S IDEROAD
s
W
z~
J
LANDS TO BE REZONED TO
RURAL RESIDENTIAL TWO EXCEPTION 191 (RUR"191)
Mayor
H.S. Hughes
Clerk
J. Douglas Irwin
Development Services
Report No. DS 2009-072
TOWNSHIP OF ORO-MEDONTE
(FILE 2009-ZBA-15)
Meeting Date November 25, 2009
Page 7 of 7
Page 20 of 30
Agenda Item # 7b) - Report No. DS 2009-73, Andria Leigh, Director of Development...
7'tv~~aS ftaNeRCr, L:xtfPi'1Y Report No.
DS 2009-073
Meeting Date:
November 25, 2009
Roll
4346-010-002-16300
TOWNSHIP OF ORO-MEDONTE
REPORT
To: Council
Prepared By:
Meghan Keelan, Planner
Subject: Zoning By-law
Amendment 2009-ZBA-16
(Radio Com/Telequip)
Part of Lot 4, Concession 4
2764 Line 4 North
(Formerly Oro Township)
RECOMMENDATION(S):
It is recommended:
Requires Action
Motion #
R.M.S. File
D14 39789
For Information Only
1. THAT Report DS 2009-073 be received and adopted;
2. THAT Zoning By-law Amendment Application 2009-ZBA-16 for Radio
Com/Telequip, Part of Lot 4, Concession 4, Township of Oro-Medonte,
(Former Oro Township) on Schedule A15 on the Zoning By-law 97-95 (as
amended) from the Rural Industrial (IR) Zone to the Residential One
Exception 193 (R1*193) 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 a proposed Zoning By-law Amendment
Application submitted by Planscape on behalf of Radio Com Communications
Limited/Telequip Systems. The applicant's lands are located at Part of Lot 4,
Concession 4, municipally known as 2764 Line 4 North. It is west of Line 4 and north of
Bass Lake Sideroad. The property was formerly used for a communication tower. In
July 2009, the communication tower was removed. This rezoning application has been
submitted to remove the Rural Industrial zone on the property as it is no longer being
used for those purposes. The applicant has proposed a residential use for the property.
ANALYSIS:
On October 28t", 2009 a public meeting was held as per the requirements of the
Planning Act to receive comments from members of the public and relevant agencies.
No one spoke at the public meeting.
Development Services
Report No. DS 2009-073
Meeting Date November 25, 2009
Page 1 of 5
Page 21 of 30
Agenda Item # 7b) - Report No. DS 2009-73, Andria Leigh, Director of Development...
The Planning Department has considered the relevant planning documents in making
this recommendation, the applicable documents and policies are discussed below.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
Township of Oro-Medonte Official Plan:
The subject lands are located within the Horseshoe Valley Resort Node and are
designated "Horseshoe Valley Low Density Residential". Section C14.3.4 of the Official
Plan applies to the lands. This Section of the Official Plan permits residential uses.
The Horseshoe Valley Resort Node is a settlement area within the Township.
Settlement areas are to be the focus of residential growth in the Township. No new lot
has been created for this residential use. Section C14.3 states that it is the intention of
the Plan to encourage the development of the lands within the Horseshoe Valley Resort
node for a variety of residential, commercial and recreational uses. The removal of the
Rural Industrial use (communication tower) and rezoning for a residential use will bring
the property more into conformity with the policies and plans for the Horseshoe Valley
Resort Node and the "Horseshoe Valley Low Density Residential" designation.
The Township has under gone extensive planning processes to create a plan for
Horseshoe Valley, so that it will develop as a complete community. These planning
processes have designated the subject lands as residential. Rezoning the lands to
residential will be in keeping with that designation.
It is therefore the opinion of the Planning Department that the proposed rezoning
conforms to the Official Plan as the residential zone would more appropriately match the
designation.
Zonina By-law 97-95:
The land is currently zoned Rural Industrial (IR), which permits contactor's yards,
industrial uses, outdoor storage uses, recycling establishments, light service shops, and
warehouses.
The applicant is proposing to rezone the lands to Residential One (111); this zone
permits single family detached dwellings, home occupations, private home daycare and
residential care homes. The Residential One (R1) zone requires a minimum lot area of
0.2 hectares and a minimum lot frontage of 30m. The subject lands have an area of
approximately 0.13 hectares and approximately 30 metres of frontage on Line 4 North.
The amending By-law will contain an exception to recognize the existing deficient
approximate lot area of 0.13 hectares. An appropriate building envelop is achievable on
this property. The location of the dwelling and the required septic system would be
Development Services
Report No. DS 2009-073
Meeting Date November 25, 2009
Page 2 of 5
Page 22 of 30
Agenda Item # 7b) - Report No. DS 2009-73, Andria Leigh, Director of Development...
regulated through the building permit process, should an application for a single
detached dwelling be submitted in the future.
Therefore the lot conforms to the provision of the Residential One Zone.
Countv Official Plan
In analyzing this Zoning By-law Amendment application, Township staff reviewed both
the County Official Plan currently in effect as well as the Official Plan adopted by County
Council in November 2008.
The current County Plan identifies Horseshoe Valley as a settlement area, as per
Section 4.1 of the Plan residential uses are permitted in settlement areas and they are
to be the focus of growth and development.
The County Plan contains General Development Policies and Guidelines which are
found in Section 4.3. These policies are focused more on the design and layout of
proposed developments. The policies require that proposed developments consider:
the minimization of removal of natural vegetation, and the scale and pattern of
development being compatible with the character of the existing area. There are lots of
a similar size and use north of the property along Line 4. An additional residential use in
this area will be consistent with and maintain the existing character of this
neighbourhood.
The adopted County Plan continues to include the General Development Policies
described above. The adopted Land Use schedule identifies Horseshoe Valley as an
"urban area". In this categorization the Plan states that the local level policies apply.
Therefore as it has been determined that the proposal conforms with the local Official
Plan, it conforms with the adopted County Plan.
It is our opinion that the proposed development generally conforms to the policies of
both County Official Plans (approved and adopted).
Provincial Policv Statement
The intent of the Provincial Policy Statement (PPS) is to build strong and healthy
communities while at the same time promoting efficient land use and development
patterns. The PPS has been reviewed in terms of this proposal, the following policies
are pertinent to the application.
Policy 1.1.3 "Settlement Areas" states that they should be the focus of growth on
appropriate services. The applicant is proposing to have the lot serviced by an individual
well and private septic system.
Policy 1.3 "Employment Area" addresses lands already designated for employment
uses (commercial and industrial). As the subject lands are in an area designated
residential, these policies do not apply.
Development Services
Report No. DS 2009-073
Meeting Date November 25, 2009
Page 3 of 5
Page 23 of 30
Agenda Item # 7b) - Report No. DS 2009-73, Andria Leigh, Director of Development...
The proposed Amendment to the Zoning By-law is considered to be consistent with the
Provincial Policy Statement.
Places to Grow
The application has been reviewed with reference to the Place to Grow Growth Plan for
the Greater Golden Horseshoe policies that have been in place since 2006. The Growth
Plan calls for creating complete communities with a mix of residential, recreation and
commercial uses within settlement areas.
Policy 2.2.9 "Rural Areas" of the Growth Plan, directs growth and development to
settlement areas, such as the Horseshoe Valley Resort Node. This is an existing lot and
is within a recognized settlement node. Specifically subsection 2.2.9.3 directs new
residential units to areas with approved designation or zoning. As this parcel is already
designated for residential uses it conforms to the policies of the Growth Plan.
CONSULTATIONS:
County of Simcoe- No Comment
Simcoe County District School Board- No Objection
Internal Departments - No Concerns
ATTACHMENTS:
Schedule 1: Location Map
CONCLUSION:
The Zoning Amendment application proposes to rezone an existing lot of record from
Rural Industrial to Residential One, as the property is no longer to be used for a
communication tower. 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-16 be
approved and adopted by Council. The amending Zoning By-law Amendment, which
contains an exception to recognize the existing lot area, is attached for the Council's
reference.
Res ully Va
Meg an ee Planner
Revie e y
Glenn White, MCIP RPP
Manager of Planning Services
SMT Approval / Comments:
--A. _4r~
Development Services
Report No. DS 2009-073
C.A.O. Aanroval / Comments:
Meeting Date November 25, 2009
Page 4 of 5
Page 24 of 30
Agenda Item # 7b) - Report No. DS 2009-73, Andria Leigh, Director of Development...
SCHEDULE 1: LOCATION MAP
2009-ZBA-16 (Radio Com/Telequip)
rk
tf
- t Zi
`1 ..a
I
L~ f
.
RASS_LAKE_SIDEROAD _
- -
t,
uj
Z.
-j
SUBJECT LANDS
0 30 60 120 160 240
N[3~ ~ Meters
Development Services
Report No. DS 2009-073
Meeting Date November 25, 2009
Page 5 of 5
Page 25 of 30
Agenda Item # 8a) - A By-law to amend the zoning provisions which apply to lands...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY- LAW NO. 2009-160
A By-law to amend the zoning provisions which apply to lands within
East Part of Lot 15, Concession 9, municipally known as 592 15/16 Sideroad East,
(Former Township of Oro), now in the Township of Oro-Medonte
(Willette & Smith 2009-ZBA-15)
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
residential uses, in accordance with Section C" of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1. Schedule `A13' to Zoning By-law 97-95, as amended, is hereby further amended by
changing the zone symbol applying to the land located in East Part of Lot 15,
Concession 9, municipally known as 592 15/16 Sideroad East, in the former
geographic Township of Oro, now in the Township of Oro-Medonte, from Institutional
(1) Zone to the Rural Residential Two Exception 191 (RUR2'191) 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 the addition of the following subsection:
7.191 '191 - East Part of Lot 15, Concession 9, municipally known as 592 15/16
Sideroad East, (Former Oro)
(a) Notwithstanding "Table B1 Standards for Permitted Uses", the minimum
required front yard setback shall be 4.9 metres;
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 25TH DAY OF NOVEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF NOVEMBER,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 26 of 30
Agenda Item # 8a) - A By-law to amend the zoning provisions which apply to lands...
Schedule `A' to By-law
No. 2009-160
This is Schedule 'A' to By-Law 2009-160
passed the 25t" day of November, 2009.
f~
. - '5~= 6_SIDLROAD
LANDS TO BE REZONED TO
RURAL RESIDENTIAL TWO EXCEPTION 19' (RUR*191)
Mayor
H.S. Hughes
Deputy
Clerk
Janette Teeter
TOWNSHIP OF ORO-MEDONTE
(FILE 2009-ZBA-15)
Page 27 of 30
Agenda Item # 8b) - A By-law to amend the zoning provisions which apply to lands...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY- LAW NO. 2009-162
A By-law to amend the zoning provisions which apply to lands within
Part of Lot 4, Concession 4, municipally known as 2764 Line 4 North, (Former
Township of Oro), now in the Township of Oro-Medonte
(Radio Com/Telequip 2009-ZBA-16)
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
residential uses, in accordance with Section C14.3.4.1 of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1. Schedule 'A15' to Zoning By-law 97-95, as amended, is hereby further amended by
changing the zone symbol applying to the land located in Part Lot 4, Concession 4,
municipally known as 2764 Line 4 North, in the former geographic Township of Oro,
now in the Township of Oro-Medonte, from the Rural Industrial (IR) Zone to the
Residential One Exception 193 (R1'193) 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 the addition of the following subsection:
7.193 "193 - Part of Lot 4, Concession 4, municipally known as 2764 Line 4
North (former Oro)
Notwithstanding "Table B1 Standards for Permitted Uses" , the minimum
lot area shall be 0.13 hectares."
3. 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 25T" DAY OF NOVEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 28 of 30
Agenda Item # 8b) - A By-law to amend the zoning provisions which apply to lands...
Schedule `A' to By-law
No. 2009-162
This is Schedule 'A' to By-Law 2009-162
passed the 25t" day of November, 2009.
J
t
t
1
l
Lands to be Rezoned :o
Residential One Exception 193 (R1`1 )3)
RASS_LAKE SIDEROAD
0 30 60 120 180 240
Meters
Mayor
H.S. Hughes
Deputy
Clerk
Janette Teeter
TOWNSHIP OF ORO-MEDONTE
(FILE 2009-ZBA-16)
Page 29 of 30
Agenda Item # 9a) - Being a By-Law to Confirm the Proceedings of the Special Cou...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-155
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 25, 2009
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, November 25, 2009, and in respect to each Motion, Resolution and
other actions passed and taken by the Council at its said Meeting is, except
where prior approval of the Ontario Municipal Board is required, hereby adopted,
ratified and confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 25th DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF
NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 30 of 30