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01 27 2010 SpCouncil AgendaToumship of Proud HeritgQe, Excitha~ Future Page 1. OPENING OF MEETINC TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JANUARY 27, 2010 TIME: 5:00 P.M. 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. PUBLIC MEETINGS: a) 6:00 p.m. Proposed Amendment to the Zoning By-Law, 2009-ZBA-24, East Half of Lot 5, Concession 6 (Oro), Township of Oro-Medonte, 478 Bass Lake Sideroad West (Frost). b) 6:00 p.m. Proposed Amendment to the Zoning By-Law, 2010-ZBA-01, Part Lot 10, Concession 7, Plan 51 R-18193 being Part 3, 33 Mount St. Louis Road West (Medonte), Township of Oro-Medonte (Township of Oro-Medonte) [Refer to Items 6b) and 8a)]. 6. REPORTS OF MUNICIPAL OFFICERS: 3-10 a) Report No. DS 2010-004, Andria Leigh, Director of Development Services, re: Request for Extension of Draft Plan Approval. 11-17 b) Report No. DS 2010-005, Andria Leigh, Director of Development Services, Zoning By-law Amendment 2010-ZBA-01 (Twp. Of Oro-Medonte) Part of Lot 10, Concession 7 Plan 51R-18193 Part 3, 33 Mount St. Louis Road West (Formerly Twp of Medonte) [Refer to Items 5b) and 8a)]. 18-25 c) Report No. DS 2010-006, Andria Leigh, Director of Development Services, re: Zoning By-Law Amendment 2009-ZBA-17 (Hunter) Part of Lot 17, Concession 4 5696 Line 4 North (Formerly Medonte Township) [Refer to Item 8b)]. 26-43 d) Report No. DS 2010-007, Andria Leigh, Director of Development Services, re: Hillway Equipment Ltd., File 2009-ZBA-02 Part of Lots 8 & 9, Concession 12, Part of Lot 9, Concession 13, Township of Oro-Medonte (Former Township of Oro) [Refer to Item 8d)]. Page 1 of 52 Page 44-45 Special Council Meeting Agenda - January 27, 2010. 7. IN-CAMERA ITEMS: a) Motion to Go In-Camera. b) Motion to Rise and Report. c) Andria Leigh, Director of Development Services, re: Personal Matter (Committee of Adjustment Membership). 8. BY-LAWS a) By-Law No. 2010-019 A By-law to amend the zoning provisions which apply to lands within Part of Lot 10, Concession 7, Plan 51R-18193 Part 3, municipally known as 33 Mount St. Louis Road West, (Former Township of Medonte), now in the Township of Oro-Medonte (Township Of Oro-Medonte 2010-ZBA-01). 46-47 b) By-Law No. 2010-020 A By-law to amend the zoning provisions which apply to lands within Part of Lot 17, Concession 4, municipally known as 5696 Line 4 North, (Former Township of Medonte), now in the Township of Oro- Medonte (Hunter 2009-ZBA-17). 48-49 c) By-Law No. 2010-021 Being a By-law to remove the Holding symbol applying to lands located at 1885 Warminster Sideroad Part of Lot 5, Concession 14, PCL 5-2, SEC 51-MED-14; PT LT 5 CON 14 MEDONTE, PTS 1,2,3,4 & 5, 51R23534; S/T ME13739, (Former Township of Medonte), being all of PIN # 58530-0119 (LT) (known as the Homire Subdivision), Township of Oro-Medonte, County of Simcoe. 50-51 d) By-Law No. 2010-022 A By-law to amend By-law 2009-078 for the zoning provisions which apply to lands within Part of Lots 8 and 9, Concession 12 (Former Township of Oro), now in the Township of Oro-Medonte (Hillway Equipment Ltd. 2009-ZBA-02). 9. CONFIRMATION BY-LAW 52 a) By-Law No. 2010-016 Being a By-Law to Confirm the Proceedings of the Special Council Meeting Held on Wednesday, January 27, 2010. 10. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 11. ADJOURNMENT a) Motion for Adjournment. Page 2 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... 'o rtsh , of REPORT' Proud Heritage, Exciting Future Report No. DS 2010-004 To: Council Prepared By: Andria Leigh, Director of Development Services Meeting Date: January 27, 2010 Subject: Request for Extension of Draft Plan Approval Motion # Roll R.M.S. File I RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report No. DS 2010-004 be received and adopted. 2. THAT Council approve the extensions to draft plan approval for 638230 Ontario Limited (Keyzer) 43-OM-90082 and J. Johnston Construction Limited 43-OM-93003 for a period of one year; and, 3. AND THAT the affected owners be advised of Council's decision. I BACKGROUND: In February 2009, Council considered Report DS 2009-009 and adopted a motion which approved extensions of one year for the draft plan approvals (until February 27, 2010) affecting the following two applications: 1. 638230 Ontario Limited (Keyzer) 43-OM-90082 and 2. J. Johnson Construction Limited 43-OM-93003 The following is the listing of all the subdivisions /condominiums that were considered for draft plan extensions in February 2009 report: - Homire 43-OM-90046 - 638230 Ontario Ltd. (Keyzer) 43-OM-90082 - Moss (Kovacs) 43-OM-91050 - Horseshoe Timber Ridge 43-OM-93002 & 43-CD-93002 - J. Johnston Construction Ltd, 43-OM-93003 - Capobianco 43-OM-93022 DEVELOPMENT SERVICES Meeting Date January 27, 2010 Report No. DS 2010-004 Page 1 of 8 Page 3 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... Since that time, the Homire and Moss developments have been registered. The Timber Ridge and Capobianco draft plans were provided longer extensions and are therefore not being considered in this report. A map outlining the location of the two draft plans subject to this report is contained in Attachment 1 of this report. If the draft plans are not registered by February 27, 2009 or an additional extension is not granted by Council, the draft plan approval will lapse. Both of the landowners have submitted correspondence requesting extensions to their draft plan approval; the purpose of this report is to analyze these requests and make recommendations to Council. ANALYSIS: In order to receive final approval from the Township and proceed to registration of the plan of subdivision, the applicant is required to clear all conditions imposed by the approval authority (Township) and provide the appropriate clearance letters from the required agencies. A summary of each application has been provided below with their reasons for requesting Council's consideration in a draft plan extension. 638230-Ontario Ltd. Weyzer) 43-OM-90082 The applicant has submitted a third engineering design to address comments previously received from the Township Engineers they are currently awaiting comments from the NVCA in regards to their submission. It is the understanding of the Township that the lands are the subject of a potential sale which is anticipated to close at the end of January. The extension would allow either the current owner to finalize and register the subdivision by early 2001 or permit the new landowner to finalize and register the subdivision. It is the intention of the applicant to meet with both the Township and Conservation Authority in order to submit the final engineering submissions. It is the intention of the applicant to then work towards the execution of the subdivision agreement in the fall/winter 2010-2011, in order for the development to proceed. J. Johnston Construction Ltd. 43-OM-93003 The applicant has submitted a second engineering design, which was to address the comments that the Township's engineer (received in April 2008) and the Nottawasaga Valley Conservation Authority (received November 2008). A meeting between the Township, AECOM, and the NVCA occurred in December 2009 and it is the intention of the applicant to submit revised drawings for final approval early in the new year. There are specific items which require additional staff and Council direction prior to this submission which will be the subject of a separate report to Council. Once the final drawings obtain approval, the applicant will be in a position to proceed to a subdivision agreement and registration. DEVELOPMENT SERVICES Meeting Date January 27, 2010 Report No. DS 2010-004 Page 2 of 8 Page 4 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... Staff have reviewed each request individually, and confirm that while these files maybe at various stages, each application is proceeding towards registration. Given this, staff is recommending that a one year extension be provided to both applicants. FINANCIAL: N/A I POLICIES/LEGISLATION: The Planning Act, in Section 51 (32) provides the ability for an approval authority to provide approval lapses at the expiration of the time period specified by the approval authority, being not less than three years. In Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision/condominium. Notice to these changes is required to be given following any decision to change conditions and is subject to the appeal process. The Planning Act contains a provision wherein the approval authority can impose a lapsing of draft plan approval. This is useful in some instances where registration will not occur due to various circumstances. Without this `sunset clause`; =draft plans can remain-open in perpetuity and form unrealistic growth forecast on lands which may never be realized. The Township's Official Plan outlines in Section E1.9 "Existing Draft Plan Approved Residential Subdivision" provide the following policy: "A considerable number of vacant lots existed in Draft Approved Plans of Subdivision in the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious manner". The above noted draft plan of subdivisions are actively working toward the fulfillment of their individual conditions of draft plan approval. Both of the draft plans discussed in this report are located within Settlement Areas designated in the Township's Official Plan. Township of Oro-Medonte Official Plan The Planning Act, Section 51 DEVELOPMENT SERVICES Report No. DS 2010-004 Meeting Date January 27, 2010 Page 3of8 Page 5 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... CONSULTATIONS: Planning Division Staff ATTACHMENTS: Attachment 1: Extension of Draft Plan Approval Location Map Attachment 2: Request for Extension (Johnson) Attachment 3: Request for Extension (638230 Ontario Ltd.-Keyzer) CONCLUSION: On the basis of the above it is recommended that extensions to the draft plan approvals from the current lapsing date of February 27, 2009 be granted to the applicants to allow them to proceed with the registration of the subdivision. Both applicants' will further be advised that further extensions by Council will be discouraged. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Meeting Date January 27, 2010 Report No. DS 2010-004 Page 4 of 8 Page 6 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... ATTACHMENT 1: EXTENSION OF DRAFT PLAN APPROVAL LOCATION MAP DEVELOPMENT SERVIC Report No. DS 2010-004 Meeting Date January 27, 2010 Page 5of8 Page 7 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... ATTACHMENT 2: REQUEST FOR EXTENSION OF DRAFT PLAN APPROVAL (JOHNSON) Leigh, Andrja From: Doug Downey [ddowney(tl greattaw.ca] Sent: January 5, 2010 8:57 AM Tot Leigh, Andria Cc: d.s@encode.eom Subject: Request for Extension Andria, This is a formal request for extension of approval from Council for John Johnson's development at Price's Corners. If you require further information please do not hesitate to contact me. Thank you Doug DOUGLAS R. DOWNEY B.A.. M.A., LLB- IX.- M.-Certified as a Specialist in Real Estate by LSU.e LEWIS DOWNEY TORNOSKY LASSALINE & TIMPANO Professional Corporation Barristers, Solicitors & Notaries 77 Coldwater Street East Orillia, ON.L3V IW6 T: 705-327-2600 F: 705-327-7532 email: ddownevCagreatlaw.ca wehsite: www.areatlaw.ca This e-mail is Intended soldy for the person or entity to which It is addressed and. may contain eonfideotlol andtor privileged iuformatioh. Any review, dissemination, copying, printing or other use of thise mail by persons or entities: other than the addressee is prohibited. U you. have received ads e,.mail tn. error, please contact the sender Immediately and delete the material from my computer. DEVELOPMENT SERVICES Meeting Date January 27, 2010 Report No. DS 2010-004 Page 6 of 8 Page 8 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... ATTACHMENT 3: REQUEST FOR EXTENSION OF DRAFT PLAN APPROVAL (638230 ONTARIO LTD. - KEYZER) 3250241 Dearden and -Stanton 11;2812 a.m.. 01-152010 1/2 Dearden and ,Stanton Limned Orrrario'Lood SurveyorsConsuftg.Engirims Csnsds. [.ends: surveyors 0 ORILLIA, ONTARIO- 99 Coldwater SUM Eno, L3V IWS coneuidng MMRE (705) n&MI, Fasst405}323-0341. bVineers a Ontario sawn =1=... Visit oar We6rite u January 15, 2010 DELIVERED BY HAND„ Township of Oro-Medonte P.O. Box 100 JAN 15 1011 146 Line 7 South o Oro, ONT ORT ~-W LOL 2X0 Attention: Ms. Andria Leigh. Director of Development Services Re: Request for Extension of Draft Plan Approval, 43-0141-90082, Meadow Acres Subdivision, 638230 Ontario Ltd. (Mr. Jack Keyzer) Dear Ms. Leigh: On behalf of 638230 Ontario Ltd, and Mr. Jack Keyzer, this letter is to request that the draft plan approval for the above noted subdivision be extended. We are the engineering firm of record preparing the design for this subdivision. As of 2008, we had made three (3) engineering design submissions to address comments previously received from the Township Engineers. We had also made a submission to the Nottawasaga Valley Conservation Authority in 2008 and, as of yet, have not received' any comments from that agency. We corresponded with the Township Engineers in 2009 in an attempt to clarify some of the issues raised in their most recent review letter. We have received some further clarifications. The engineering redesign of this subdivision to address the most recent review comments was not completed in 2009 due to the very uncertain housing market and economic climate, and the possibility that then: may bean additional ownership partner in the subdivision. Despite the delays, the intention is stilt to complete the subdivision as it is a viable project for which countless hours and significant funds have been expended. 12 1.C ff Sn Jt G.nLS.CL.S.,-P. 1.1. Madan M:A.S. PEW Od*nWCa Wft Fj„6, 21151 wwrs.a.ele ars,Ym-Iws ELL ww~. e ar.49_tvM1l%F CP OVk S 0711q QL & aw.rPow,lx DEVELOPMENT SERVICES Meeting Date January 27, 2010 Report No. DS 2010-004 Page 7 of 8 Page 9 of 52 Agenda Item # 6a) - Report No. DS 2010-004, Andria Leigh, Director of Developmen... 3260241 Deardw and Stanton 11:28:45 a..m.. 01-15.2010 212. -2- The updated development time table is to complete the engineering design through to approval this year with the possibility of construction start-up in late fall of 2010 or in the spring of 2011. When the design process is reinitiated, it may be appropriate to have a coordination meeting similar to the one recently held for the Turtle River Subdivision for which we are also the design engineers. Should you require any further information do not hesitate to contact the undersigned. Otherwise we took forward to receiving confirmation that the draft approval for this subdivision has been extended as appropriate. YOU% truly, JJM:km Je arshall, MASC. Eng 1,eph4".152010. Chief Engineer - Dearden and Stanton Limited Pc: Mr. Jack Keyzer 638230 Ontario Ltd. Via. Fax 327-5660 DEVELOPMENT SERVICES Meeting Date January 27, 2010 Report No. DS 2010-004 Page 8 of 8 Page 10 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... Toumshi ~ Prnird ficriraye, E.«iiing Fn~vre TOWNSHIP OF ORO-MEDONTE REPORT Report No. DS 2010-005 To: Council Prepared By: Steven Farquharson, B.URPL Intermediate Planner Meeting Date: Subject: Zoning By-law Motion # January 27, 2010 Amendment 2010-ZBA-01 (Twp. Of Oro-Medonte) Roll Part of Lot 10, Concession 7 R.M.S. File 4346-020-002-15303 Plan 51 R-18193 Part 3 D14 40109 33 Mount St. Louis Road West (Former) Tw of Medonte RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2010-005 be received and adopted; 2. THAT Zoning By-law Amendment Application 2010-ZBA-01 for Twp of Oro- Medonte, Part of Lot 10, Concession 7, Township of Oro-Medonte, (Former Medonte Township) on Schedule A20 on the Zoning By-law 97-95 (as amended) from Local Commercial (LC) Zone to Agricultural/Rural Exception (A/RU*) Zone be approved; and 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration. I BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by the Township of Oro-Medonte on behalf of Lazeron Homes Inc. This rezoning application has been submitted to correct an error in the zone mapping, when the lot was created by way of consent in 1988. The property is currently zoned Local Commercial (LC) Zone in the Zoning By-law, which does not permit a residential dwelling. The owners, Lazeron Homes Inc. have obtained a Zoning Certificate and Building Permit from the Township, to construct a dwelling on the subject lands, which is near completion. The Zoning certificate was issued due to staff interpreting the Geographical Information System (GIS) zoning parcel to be Agricultural/Rural (A/RU) Zone. However, after further review of Schedule A20 of Zoning By-law 97-95, it was shown to be Local Commercial (LC) Zone. When the lots were created by way of consent the Committee of Adjustment approved the lots with the intention on them being residential lots. When the severance was approved a total of three lots were created with two of them having Agricultural/Rural (A/RU) Zone, while Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 1 of 7 Page 11 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... the third one was mistakenly give a Local Commercial (LC) Zone. It has always been the intention to have these lots to be used for residential purposes. I ANALYSIS: In order for the new dwelling to be recognized as a permitted use, the zoning must be changed to the A/RU Zone to permit a residential use. The subject property is proposed to be rezoned to Agricultural/Rural Exception (A/RU") Zone, which is consistent with the surrounding land uses. The exception is to recognize the deficiency in lot frontage and lot area that is required in the A/RU Zone for single detached dwellings. When the lots were created in 1988, the zoning of the property was Rural in accordance with Zoning By-law 82-25 for the Township of Medonte, which permitted residential uses. When the Township was amalgamated in 1994, and Zoning By-law 97-95 came into full force and effect, a zoning error occurred placing the subject lands a Local Commercial (LC) Zone, which prohibits single detached dwellings. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The lot subject to the rezoning is located in the "Rural" designation. Permitted uses within the Rural designation include single detached dwellings such as proposed through this rezoning application. The objectives of the rural designation are to preserve and promote the rural character of the Township and to maintain the open countryside. The rezoning applies to an existing lot of record which was created by way of severance for the intention of it being a residential lot. Surrounding lands uses include both recreational 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 Rural policies of the Official Plan and is consistent with surrounding land uses. Zoning By-law 97-95: The subject lands are zoned Local Commercial (LC) Zone in Zoning By-law 97-95 as amended. The lands are proposed to be used for residential purposes as was the intention of the Committee of Adjustment when the lots were created in 1988. The rezoning proposes to zone the property in the Agricultural/Rural (A/RU) Zone; an exception is also required in order to recognize the deficiency in the required lot Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 2 of 7 Page 12 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... frontage and lot area. The dwelling which has being constructed on the property complies with all other required setback requirements of the A/RU Zone. County 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 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 Policy 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 a use that was intended on an existing lot which currently contains a single detached dwelling. 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 proposed to be serviced by an individual well and private septic system. 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 specific locations with approved designations. The proposed rezoning provides for an existing lot of record to be utilized for residential purposes instead of commercial purposes in Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 3 of 7 Page 13 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... accordance with the existing designation provided for within the Official Plan policies, the rezoning of this lot would therefore 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. I CONSULTATIONS: County of Simcoe- Simcoe County District School Board- Ministry of Transportation- ATTACHMENTS: Attachment 1: Location Map Attachment 2: Proposed Zoning By-law I CONCLUSION: The Zoning Amendment application proposes to rezone an existing lot of record to allow for its usage as a residential building. The exception is intended to recognize the existing lot frontage and area. 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 2010-ZBA-01 be approved and adopted by Council. The Zoning By-law Amendment is attached for the Council's reference. Respectfully submitted: Steven ~uha on, B.URPL Intermediate Planner Reviewed by: ~Q Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 4 of 7 Page 14 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... ATTACHMENT 1: LOCATION MAP 2010-ZBA-01 (Twp. Of Oro-Medonte) Jy. MOUNT SAINT LOUIS ROAD 1i ' f J/ rr SUBJECT LANDS TO BE REZONED 0 3060 120 180 240 33 MOUNT ST. LOUIS ROAD WEST Meters Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 5 of 7 Page 15 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... ATTACHMENT 2: PROPOSED ZONING BY-LAW THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-019 A By-law to amend the zoning provisions which apply to lands within Part of Lot 10, Concession 7, Plan 51R-18193 Part 3, municipally known as 33 Mount St. Louis Road West, (Former Township of Medonte), now in the Township of Oro-Medonte (Township Of Oro-Medonte 2010-ZBA-01) 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 `A20' 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 10, Concession 7, Plan 51R- 18193, Part 3, municipally known as 33 Mount St. Louis Road West, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from Local Commercial (LC) Zone to the Agricultural/Rural Exception 196 (A/RU*196) 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: "7.196 *196 -Part of Lot 10, Concession 7, Plan 51 R-18193, Part 3, municipally known as 33 Mount St. Louis Road West, (Former Medonte) (a) Notwithstanding "Table 64(a) Standards for Agricultural/Rural Zone and the Mineral Aggregate resource Zone", the minimum required lot area for a single detached dwelling shall be 0.2 hectares; (b) Notwithstanding `Table 64(b) Standards for Single Detached Dwellings (A/RU Zone)", the minimum lot frontage shall be 30.6 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 27TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 6 of 7 Page 16 of 52 Agenda Item # 6b) - Report No. DS 2010-005, Andria Leigh, Director of Developmen... Schedule A' to By-law No. 2010-019 This is Schedule 'A' to By-Law 2010-019 passed the 27th day of January, 2010. j i J~ MOUNT SAINT LOUIS ROAD CGS ~ SUBJECT LANDSTO BE REZONED 0 3060 120 80 240 33 MOUNT ST. LOUIS ROAD WEST ~iiiiiiiiiiiiiiiiiiiiiMeters Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2010-ZBA-01) Development Services Meeting Date January 27, 2010 Report No. DS 2010-005 Page 7 of 7 Page 17 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... Prnrrd Xerituye, Exciting Fnnrrn TOWNSHIP OF ORO-MEDONTE REPORT Report No. DS 2010-006 To: Council Prepared By: Steven Farquharson, B.URPL Intermediate Planner Meeting Date: Subject: Zoning By-law Motion # January 27, 2010 Amendment 2009-ZBA-17 (Hunter) Roll Part of Lot 17, Concession R.M.S. File 4346-020-007-06300 4 D14 39791 5696 Line 4 North (Formerly Medonte Township I RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2010-006 be received and adopted; 2. THAT Zoning By-law Amendment Application 2009-ZBA-17 for Hunter, Part of Lot 17, Concession 4, Township of Oro-Medonte, (Former Medonte Township) on Schedule A22 on the Zoning By-law 97-95 (as amended) from the Environmental Protection (EP) Zone to the Rural Residential Exception 192 (RUR2*192) Zone be approved; and 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration. I BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by Terry and Mary Hunter. This rezoning application has been submitted to fulfill a condition of approval for Consent Applications 2009-B-24, which was granted by the Committee of Adjustment on September 17, 2009. The applicant's lands are located at Part of Lot 17, Concession 4, on the west side of Line 4 North, and north of the Moonstone Road, the original parcel is municipally known as 5696 Line 4 North. The application granted Provisional consent for a new residential lot with a lot frontage of 110 metres and a lot area of 0.87 hectares subject to the rezoning of the proposed new lot. The subject lands are zoned Environmental Protection (EP) and are proposed to be rezoned to the Rural Residential Two Exception 192 (RUR2*192) Zone. An exception also required to recognize the preferred building location which will be located within the required setback from the Environmental Protection (EP) zone Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 1 of 8 Page 18 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... boundary. The location of the lands subject to the rezoning is the result of the review and approval provided by the NVCA. The subject lands are designated Rural and Environmental Protection One within the Official Plan. The zoning of subject lands is Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone. The EP zoning exists in the location that the proposed lot is to be created, where there is a watercourse which flows to the south. The applicant's lands are characterized as having extensive mature tree coverage, however the area in which the lot is proposed to be created is clear of any significant tree coverage. Due to part of the subject lands being located within the Environmental Protection One designation, the applicant was required to complete an EIS to ensure that the development of the lands will not have a negative effect on the environmental features. The applicant has since reduced the frontage and area of the lot in order to stay outside of the environmentally sensitive area. The revised lot frontage along Line 4 North is 45 metres and a lot area of 0.6 hectares. I ANALYSIS: As part of the Committee of Adjustment Provisional Consent approval, the applicant was required to apply for a rezoning for the proposed new residential lot. The conveyed 0.06 hectares of land is currently zoned Environmental Protection (EP) Zone, and is required to be rezoned to Rural Residential Two Exception 192 (RUR2*192) Zone to permit the residential use of the land and reflect the adjacent environmental lands including the Provincially Significant wetland. A public meeting was held on October 28t", 2009 to receive comments from members of the public and relevant agencies. No one spoke at the public meeting. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Official Plan The subject property is designated Rural and Environmental Protection One by the Official Plan. Section C2.2 of the Official Plan outlines the permitted uses within the Rural designation, which include single detached dwellings, and home occupation. More specifically, Section C2.3.1 of the OP provides specific criteria, and in particular two tests, under which severances may be permitted. In the granting of the consent, the Committee of Adjustment determined these criteria were satisfied. Section 132-Environmental Protection One policies of the Official Plan requires an Environmental Impact Study (EIS) to be completed for new development on lands within the Environmental Protection One overlay. As a result of the EIS investigation, it was Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 2 of 8 Page 19 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... determined that the proposed development on subject lands would have no negative impacts on the natural heritage features or functions of the area. The EIS was completed by J. Dobell & Associates, dated June 2009, and subsequently circulated to the Nottawasaga Valley Conservation Authority (NVCA) for comment. Comments were received from the NVCA on August 6, 2009, with respect to the EIS. While the EIS stated that the development would not have any negative impacts on the natural features, the NVCA had concerns that the original proposed lot lines bisected the Provincially Significant Wetland and was within the Regional Storm floodplain of the Sturgeon River. As a result of the comments received from the NVCA, the applicant revised their proposal which proposes to have the lot lines at the top of bank, and remaining in the open agricultural fields and away from the environmental features. The new location of the proposed lot reflects the comments of the NVCA and their concerns. As such, the application to rezone the lands to permit residential use as determined through the EIS and reviewed by the NVCA is a permitted use and generally conforms with the policies of the Official Plan. Zoning By-law The subject property is zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone by Zoning By-law 97-95 as amended. The area in which that is proposed to be severed has a zoning of Environmental Protection (EP) Zone. While there are no minimum lot size requirements for a lot within the EP zone, the proposed lot will meet the Official Plan policy for a minimum lot size of 0.4 hectares, which is the same requirement for a residential use with the A/RU Zone. With dwellings not being permitted within the Environmental Protection (EP) Zone, the applicant was required as a condition of consent to rezone the new lot to recognize the intended residential use. With consultation with the NVCA, it was determined that the proposed lot will not have any negative impact on the abutting environmental features. The Rural Residential Two (RUR2) Zone requires a minimum lot area for a single detached dwelling of 0.4 hectares and minimum lot frontage of 45 metres. The lot is proposed to have an lot area of 0.6 hectares and a lot frontage of 45 metres and would therefore conform with the zoning by-law requirements. Section 5.28 establishes a setback requirement from the limits of an Environmental Protection (EP) zone of 30 metres. The exception proposes to reduce this to 4.5 metres as determined through the EIS to be appropriate and confirmed to be acceptable to the NVCA. On this basis the proposed rezoning for the Rural Residential Two Exception zone appears to meet the provisions within the Zoning By-law. County 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 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 has been determined that it Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 3 of 8 Page 20 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... 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 general 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 new lot creation on a limited basis for residential uses. As the proposed rezoning is intended to provide for the residential use of a lot created through the consent, the rezoning is consistent with this policy. 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 applicant is proposing to have the lot serviced by an individual well and private septic system. The proposed Amendment to the Zoning By-law which provides for 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. Section 2.2.9 Rural Areas provides for the residential development to occur outside of settlement areas in site specific locations with approved designations. As the lot proposed to be rezoned was provided for within the Official Plan policies, the rezoning of this lot would conform with this policy. Section 4.2 establishes policies for the protection of valuable natural systems including environmental features. As identified through the EIS review that proposed lot does not have a negative impact on the proposed environmental features and functions. In addition, the original consent was revised to ensure the protection of the significant wetland feature. The proposed setback from the EP zone is intended to ensure development occurs within an appropriate location on the site and protects the natural feature. Based on the above, the application to amend the Zoning By-law, would generally conform with the Place to Grow legislation. Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 4 of 8 Page 21 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... CONSULTATIONS: County of Simcoe- No Comment Simcoe County District School Board- No Objection Nottawasaga Valley Conservation Authority- No Objection ATTACHMENTS: Attachment 1: Location Map Attachment 2: Proposed Zoning By-law Amendment I CONCLUSION: The Zoning Amendment application proposes to rezone the lands subject to the consent to the appropriate residential use with an identified reduction in the environmental protection zone setback as determined through the EIS report reviewed by the NVCA for the consent application. 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-17 be approved and adopted by Council. The Zoning By-law Amendment is attached for the Council's reference. Respectfully submitted: Steve arquharson, B.URPL Intermediate Planner Reviewed by: Andria Leigh, MCIP, RPP Director Development Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 5 of 8 Page 22 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... ATTACHMENT 1: LOCATION MAP 2009-ZBA-17 (Hunter) / j w / z MOONSTONE ROAD f ~t LLJ Lands-to be Rezoned to /A Rural Residential Two (ROR2) 03570 140 210 28n Meters Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 6 of 8 Page 23 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... ATTACHMENT 2: PROPOSED ZONING BY-LAW AMENDMENT 2009-ZBA-17 (Hunter) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-020 A By-law to amend the zoning provisions which apply to lands within Part of Lot 17, Concession 4, municipally known as 5696 Line 4 North, (Former Township of Medonte), now in the Township of Oro-Medonte (Hunter 2009-ZBA-17) 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 C2.3.1 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A22' 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 17, Concession 4, municipally known as 5696 Line 4 North, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from the Environmental Protection (EP) Zone to the Rural Residential Two Exception 192 (RUR2*192) Zone as shown on Schedule `A' attached hereto and forming part of this By-law. 2. Section "7.192 *192 Part of Lot 17, Concession 4, municipally known as 5696 Line 4 North, (Former Medonte) (a) Minimum setback for buildings, structures and septic systems tile fields from Environmental Protection Zone boundary shall be 4.5 metres 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 27TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Development Services Report No. DS 2010-006 Meeting Date January 27, 2010 Page 7 of S Page 24 of 52 Agenda Item # 6c) - Report No. DS 2010-006, Andria Leigh, Director of Developmen... Schedule A' to By-law No. 2010-020 This is Schedule 'A' to By-Law 2010-020 passed the 27th day of January, 2010. At I / j i / W Z / / MOONSTONE ROAD f~ v J j Lands•to be Rezoned to / Rural Residential Two (ROR2) 03570 Tao 270®d r i eters Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-17) Development Services Meeting Date January 27, 2010 Report No. DS 2010-006 Page 8 of 8 Page 25 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... 7`ou n hi- of REPORT Proud Heritage, Exciting Future Report No. To: Council Prepared By: DS 2010-007 Glenn White, Manager of Planning Services Meeting Date: Subject: Hillway Equipment Motion # January 27, 2010 Ltd. File 2009-ZBA-02 Part of Lots 8 & 9 Concession Roll , 12, Part of Lot 9, Concession R.M.S. File 010-005-18100 13, Township of Oro-Medonte D14-38897 Former Township of Oro RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report DS 2010-007 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, 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, a minimum of 15 metres and 20 metres in locations as identified on Schedule `2' attached hereto. 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 and 20 metres setback at various locations abutting existing woodlots on the west sides of the pit (as shown on attached Schedule 2). 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 originally DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 1 of 11 Page 26 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... proposed in an Area C located in Part of Lot 8, Concession 12 adjacent to where six immature butternut trees are no longer requested. This change in the application will be explained further in the report. 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. Proposed amending Zoning By-law 2009-098 was before Council on July 15, 2009, for consideration of amending the required 50 metre setback to pit excavation abutting existing woodlots in Areas B and C. Also proposed was a 35 metre setback from six immature butternut trees located in Area C (Part of Lot 8, Concession 12). The proposed By-law 2009-098 was withdrawn by the applicant and not considered by Council. The applicant decided to undertake a Butternut health assessment of the butternut trees found in Area C and submit the report and findings to the Ministry of Natural Resources for review. The review by MNR has been completed which concurred with the report's assessment that the trees were not retainable due to butternut canker. The new amending By-law (By-law 2010-022) attached to this report proposes the 15 metre setback for Area B and 20 metre setback for all of Area C eliminating the proposed 35 metre setback adjacent to the location of the Butternut trees in Area C. I ANALYSIS: I The subject property of the original Zoning By-law Amendment Application 2008-ZBA- 02 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 total annual amount of extraction will not increase (650,000 tonnes). The applicant's consultant has indicated there would be no anticipated impact on traffic generation from the pit since annual extraction will not change. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 2 of 11 Page 27 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... 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 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. The applicant's consultant has also undertaken a Butternut health assessment and it was submitted to the Ministry of Natural Resources for review. The Butternut assessment found that the trees were not retainable due to butternut canker. The Ministry of Natural Resources accepted the assessment that the butternut trees were not retainable. The applicant's consultant concludes that no further reference to a setback from the butternut trees is required in the amending Zoning by-law or on the Site Plan for the Hillway Equipment gravel pit. 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 originally requested 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. A 20 metre setback was requested at the northeast corner of the pit in Part of Lot 9, Concession 13 (Area A), was approved by Council by By-law 2009- 078 on June 3, 2009. A 20 metre setback was requested along the westerly property boundary of the pit in Part of Lot 8, Concession 12 (Area C) and also a 15 metres setback was requested along the westerly boundary of the pit located in Part of Lot 9, Concession 12 (Area B),. A 35 metre setback was 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. These requested setback were contained in proposed By-law 2009-098 which was originally before Council on July 15, 2009. The proposed By-law was withdrawn by the applicant. DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 3 of 11 Page 28 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Now the applicant proposes a 20 metre setback for all of Area C and a 15 metre setback for Area B and has removed the reference to the 35 metre setback adjacent to the butternut trees. 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: - 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 Policv 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 DEVELOPMENT SERVICES Report No. DS2010-007 iary 27, 2010 Page 4 of 11 Page 29 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... 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. Ecological Investioations The applicant has submitted an Ecological Investigations report which has evaluated the proposed new setbacks to the areas of excavation adjacent to woodlot/woodland 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 comments from the MNR. Originally, the ministry supported the proposed 15 metre setback for Area B and the °20 metre setback for Area C with the 35 metre `setback proposed adjacent to the Butternut trees. The Ministry was satisfied that the proposed amendments to the setbacks would not result in any negative impacts to the features and functions of the Rugby West provincially significant Life Science ANSI. A Butternut health assessment has been completed by Skelton Brumwell & Associates Inc. which was reviewed and accepted by Ministry of Natural Resouurces. MNR accepted the assessment that the Butternut trees were not retainable due to butternut canker. No further reference to a setback to the butternut tree is required in the amending Zoning By-law or in the Site Plan for the gravel pit. DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 5 of 11 Page 30 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... I 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 R_ Schedule 3: Draft By-law CONCLUSION: The original 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 comer of the pit in Part of Lot 9, Concession 13 (Area A) was approved by Zoning By-law 2009-078. A 20 metre setback was 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 originally proposed in an area where six immature butternut trees have been located in Area C is no longer requested. MNR has accepted the Butternut assessment that the trees are not retainable due to the butternut canker. 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. The applicant has proposed to revise the Site Plan for the Hillway Equipment gravel pit showing: - The 15 m undisturbed setback along the wooded west side of Area B - The 20 m setback in Area C along the woods - The location of the berm along the west side of Area B DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 6 of 11 Page 31 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... - The note to require the berm to contain any site drainage to the outside of the setback. Planning staff support the proposed reduction of the setbacks to the pit excavation adjacent to the woodlots. The proposed Site Plan revisions should address comments received during the Public Meeting of March 30, 2009. 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 further amended 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: C.A.O. Approval /Comm:ents DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 7 of 11 Page 32 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... SCHEDULE 1: LOCATION MAP 2009-ZBA-02 (Hillway Equipment Ltd.) _ Ar ASS KE D i m r r i LLi ( Q D A IE r f1! z I APPLICANTS LANDS I DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 8 of 11 Page 33 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... ; a W H !111 *-0111 ff WI N 2 n b~ un t - M~ ~ Owz W z D R 2T, r f/~ my ;u r ti a - 7-,-77"r N . . ~ N } J ~ r w ~ ~ ~ t ~ res ~f ( }r g i f 1 t i ~ ~ yY lk ~j(4 ..~.._✓vy ONZ i 9Ca :mPto4?4~l+itlaowt?Sota~~mst3a+4im UV4n WS~.a `acWGcdAwm/.w'ammu FmuP'+~~~D~~+i'+41~h~+P~~gt4RwSdoa A§pRa~nlniwum'wV?YS ~Ww 6 VJ T ' R-'M++QU+YfdFIVY '~uS+wapl'4tia~~+H 4659M9~W~3 F Q 04 Z y W Q CL d OZ J r- Q Page 34 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Schedule 3: Draft By-law THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-022 A By-law to amend By-law 2009-078 for the zoning provisions which apply to lands within Part of Lots 8 and 9, Concession 12 (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: 1. Schedule `Al T 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 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) (i) and adding the following subsection a) (i): - "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) (i) Setbacks to pit excavation, adjacent to woodlots in Part of Lots 8 and 9, Concession 12 shall be a minimum of 15 metres and 20 metres in locations as identified on Schedule `A' attached hereto. The minimum required setbacks to pit excavation adjacent to woodlots are further explained as follows: Along the westerly boundary of the pit located in Part of Lot 9, Concession 12 (Area B), the required setback is 15 metres. A 20 metre setback is required along the westerly property boundary of the pit in Part of Lot 8, Concession 12 (Area C)." 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 JANUARY, 2010. _ BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 35 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Schedu/e,'W to By-law No. 2010--022 This is Schedule 'A' to By-Law 2010-022 passed the day of January, 2010. 4TAMt~FZACK , ; , DOS, ASS KE J J I Area C PreaO e2 LL1 z €in A IF i LD Z E SUBJECT LANDS OF ® 15m Setback-Area BJ BY- LAW 2010-022 'd7 ~m Setback-Area C Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-02) DEVELOPMENT SERVICES January 27, 2010 Report No. DS2010-007 Page 36 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Page 37 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Page 38 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Page 39 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Page 40 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... Page 41 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... V + I 71-21=6 x. Page 42 of 52 Agenda Item # 6d) - Report No. DS 2010-007, Andria Leigh, Director of Developmen... i e m'-OW CO N 0ovim- w ¢ ¢ \ \ ~ If~ ~ZUUI~ m $ ~ s O O O - QUO 1. Q. ~ O z qzq oho H ~ i~/ ~ u2 Q y 5 G ~ h / - ~a i2 - 4ikW c ~x1 • ice; - ONZ - 9Z8 ode„g e~.,,r~ ~.,~4,, •..d ,.,,+o ,w.~ www ngeu;ro'- .>t m.w m n.awNe ~ox~s swz o ryOado Page 43 of 52 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. 2010-019 A By-law to amend the zoning provisions which apply to lands within Part of Lot 10, Concession 7, Plan 51 R-18193 Part 3, municipally known as 33 Mount St.Louis Road West, (Former Township of Medonte), now in the Township of Oro-Medonte (Township Of Oro-Medonte 2010-ZBA-01) 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 C2 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A20' 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 10, Concession 7, Plan 51 R- 18193, Part 3, municipally known as 33 Mount St. Louis Road West, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from Local Commercial (LC) Zone to the Agricultural/Rural Exception 196 (A/RU`196) 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: 7.196 '196 -Part of Lot 10, Concession 7, Plan 51R-18193, Part 3, municipally known as 33 Mount St. Louis Road West, (Former Medonte) (a) Notwithstanding "Table B4(a) Standards for Agricultural/Rural Zone and the Mineral Aggregate resource Zone", the minimum required lot area for a single detached dwelling shall be 0.2 hectares; (b) Notwithstanding "Table B4(b) Standards for Single Detached Dwellings (A/RU Zone)", the minimum lot frontage shall be 30.6 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 27T" DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 44 of 52 Agenda Item # 8a) - A By-law to amend the zoning provisions which apply to lands... Page 45 of 52 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. 2010-020 A By-law to amend the zoning provisions which apply to lands within Part of Lot 17, Concession 4, municipally known as 5696 Line 4 North, (Former Township of Medonte), now in the Township of Oro-Medonte (Hunter 2009-ZBA-17) 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 C2.3.1 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A22' 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 17, Concession 4, municipally known as 5696 Line 4 North, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from the Environmental Protection (EP) Zone to the Rural Residential Two Exception 192 (RUR2*192) Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. Section 7.192 X192 Part of Lot 17, Concession 4, municipally known as 5696 Line 4 North, (Former Medonte) (a) Minimum setback for buildings, structures and septic systems tile fields from Environmental Protection Zone boundary shall be 4.5 metres 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 27TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 46 of 52 Agenda Item # 8b) - A By-law to amend the zoning provisions which apply to lands... Page 47 of 52 Agenda Item # 8c) - Being a By-law to remove the Holding symbol applying to land... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-021 Being a By-law to remove the Holding symbol applying to lands located at 1885 Warminster Sideroad Part of Lot 5, Concession 14, PCL 5-2, SEC 51-MED-14; PT LT 5 CON 14 MEDONTE, PTS 1,2,3,4 & 5, 51 R23534; S/T ME13739, (Former Township of Medonte), being all of PIN # 58530-0119 (LT) (known as the Homire Subdivision), Township of Oro-Medonte, County of Simcoe WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; AND WHEREAS Council and 2063334 Ontario Inc. entered into a Subdivision Agreement under By-law 2009-174 on December 9`h, 2009; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.Schedule 'A21', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "1885 Warminster Sideroad, Part of Lot 5, Concession 14, PCL 5-2, SEC 51- MED-14; PT LT 5 CON 14 MEDONTE, PTS 1,2,3,4 & 5, 51 R23534; S/T ME13739, (Former Township of Medonte), being all of PIN # 58530-0119 (LT) (known as the Homire Subdivision),Township of Oro-Medonte, County of Simcoe" as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. 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 27TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 48 of 52 Agenda Item # 8c) - Being a By-law to remove the Holding symbol applying to land... Page 49 of 52 Agenda Item # 8d) - A By-law to amend By-law 2009-078 for the zoning provisions THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-022 A By-law to amend By-law 2009-078 for the zoning provisions which apply to lands within Part of Lots 8 and 9, Concession 12 (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: 1. 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 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) (i) and adding the following subsection a) (i): "7.163 X163 - Part of Lots 8 and 9, Concession 12 and Part of Lot 9, Concession 13 (Former Oro), now Township of Oro-Medonte. a) (i) Setbacks to pit excavation, adjacent to woodlots in Part of Lots 8 and 9, Concession 12 shall be a minimum of 15 metres and 20 metres in locations as identified on Schedule 'A' attached hereto. The minimum required setbacks to pit excavation adjacent to woodlots are further explained as follows: Along the westerly boundary of the pit located in Part of Lot 9, Concession 12 (Area B), the required setback is 15 metres. A 20 metre setback is required along the westerly property boundary of the pit in Part of Lot 8, Concession 12 (Area C)." 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 27TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 50 of 52 Agenda Item # 8d) - A By-law to amend By-law 2009-078 for the zoning provisions Page 51 of 52 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. 2010-016 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, JANUARY 27, 2010 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, January 27, 2010, 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 27th DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 52 of 52