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06 22 2011 2011-ZBA-05 (Leigh) (2)wwJ tt biter War NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO TB E ZONING BY -LAW OF THE TOWNSHW Of ORO- NIEDONTE 2011- ZBA -05 (Leigh) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting; on Wednesday, ,June 22, 2011 at 7:20" p.m. in the Municipal Council.' Chambers. The purpose of the public meeting is to obtain public comments on a proposed amendment to the Zoning By law, under Section 34 of the Planning Act, R.S.O. 1,990 C. P. 13 TINE PURPOSE of the proposed Zoning By -law Amendment is to rezone the lands described as Part Lot 24 & 25, Concession 7 RP 51R- 37419 Part 1 (formerly Oro Township). The subject lands are proposed to be rezoned from the Agricultural/Rural ,Exception 201(A/RU *20 "1) Zone to the Agricultural/Rural Exception (A/RU *)'.Zone. The applicant is proposing to rezone the lands to permit a residential dwelling to be located on the subject lands. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Ora- Medonte in respect of the proposed Amendment does not make oral submission at the public, meeting or make written submissions to the Township befoio the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you "wish to be notified of the decision of the Township, of Oro- Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below. WRITTEN SUBMISSIONS should be directed to Township of Oro- Medonte 148 =Line 7 South P.O Box wo, Oro, Ontario uL 2x0 Attn: J. Douglas Irwin, Clerk ADDIITONATI INFORMATION relating to the proposed Zoning By -'lazy Amendment is availablo" for inspection between 8:30 a.m. and 4:30 p.m at the" Towuslup of O o- Medonte Administration Building. For further information, contact the Planning Department at 705- 487- 2171. DATED at the Township of Oro - Medonte this 31 day of May 2011. 1, ougl 2011- ZBA -05 CLEIGH) C(X]IVTY OF SIA4COEA May 10, 2011 County of Simcoe Planning 1110 Highway 26, Midhurst, Ontario LOL 1X0 Mr. Steven Farquharson Secretary- Treasurer Township of Oro - Medonte 148 Line 7 South Oro, ON LOL 2X0 Dear: Mr. Farquharson, Main Line (705) 726 -9300 IZ Toll Free 1-866- 893 -9300 Fax (705) 727 -4276 simcoe.ca RE: Zoning By -law Amendment Application (Barry Leigh) 2011 -ZBA 05 Part of Lots 24 &25, Concession 7, (County Road 20) Former Township of Oro, now in the Township of Oro - Medonte Thank you for circulating the County of Simcoe. The subject property is designated Agricultural in the Local Official Plan, and therefore subject to the Agricultural policies of the County Official Plan. The applicant had been granted consent to create an agricultural lot for a specific agricultural use. As a condition of consent approval, the 6.77 hectare (16.7 acre) parcel was rezoned to prohibit residential use in order to conform with County of Simcoe Official Plan policy 3.6.6, which states that "new lots for agricultural uses should generally not be less than 35 hectares, 4 hectares on organic soils or, where local municipal official plans allow, a variant lot size specifically for specialized agricultural uses ". The Township of Oro - Medonte's Official Plan policy C1.3.1 permits the consideration of lot creation for specialized agricultural use subject to specific criteria, one criteria being that the subject property is placed in a site - specific zone prohibiting residential use. The basis of the County Official Plan and the Township's Official Plan, is the Provincial Policy Statement (PPS). Section 2.3.4.1 of the PPS states lot creation in prime agricultural areas is discouraged and may only be permitted for agricultural uses, agricultural related uses, farm consolidation or in limited circumstances, for infrastructure. While it is acknowledged that the use was initiated as an agricultural use that may be permitted in a prime agricultural area, the proposed zoning bylaw amendment to legitimize a non - agricultural use is not permitted and does not conform to the Township Official Plan and County of Simcoe Official Plan. Furthermore, PPS policy 2.3.4.3 states "The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1 (c) [farm consolidation]." Currently the agricultural lot does not permit residential use, therefore is not considered to be a residential lot. The County of Simcoe Entrance By -law No.5544 section 2.2.1.4 requires an "Entrance Permit for changing the use of/ or classification of an existing Entrance". Therefore the commercial entrance permit #3542 granted by the County on May 28, 2010 would need to be revoked and a new application made for a residential entrance. As stated in County letter dated, June 17, 2009 (attached), the prohibition of residential use is imperative as the County of Simcoe Entrance By -law, section 2.5.2 and section 4.8.2.5 of the County of Simcoe's Official Plan state, "New Entrances shall not be permitted to individual residential lots created on County Roads following June 30, 1996, except in urban settlement areas designated in Official Plans ". The property at this location on Ridge Road East (County Road 20) is not within a settlement area boundary as identified in either the County of Simcoe's or the Township of Oro - Medonte's Official Plan. PLO -003 -001 The parcel proposed to be rezoned does not meet the above lot area requirements, does not qualify as farm consolidation, and is not within a settlement area. The Planning Act requires that municipal decisions be consistent with the PPS. Based on the information provided and the policies of the current Township Official Plan, County of Simcoe Official Plan, and the Provincial Policy Statement, the County of Simcoe cannot support the approval of the proposed zoning bylaw amendment to facilitate a residential use on a specialized agricultural parcel, on the subject lands, in an Agricultural designation due to non - conformity with the Township Official Plan, County Official Plan and for the reason that it is not consistent with the PPS. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me, rachelle.hamelin @simcoe.ca or 726 -9300, ext.1315 or Paul Murphy, Planning /Engineering Technician, ext.1371. Sincerely, Z7= of Simcoe Rachelle Hamelin Planner II cc. Bruce Hoppe, Manager of Development Planning Christian Meile, Director of Transportation Maintenance Paul Murphy, Planning/Engineering Technician Kristine Loft, Loft Planning Inc. CCtt' If Y i ?1-' M SLVICOEt, June 17, 2009 County of 5imcoo retain Line (705) 726 9300 C�� Planning department Toil Free 1 866 893 9300 im 1110 Highway 26, Fax (705) 727 4276 \ �` Midhurst, Ontario LOL 1X0 Web: simcoe.ca Mr. Steven Farquharson Secretary- Treasurer Township of Oro - Medonte Committee of Adjustment 148 Line 7 South Oro, ON LOL 2x0 Dear: Mr. Farquharson, RE; Consent Application (Barry and Susan Leigh) 2009 -B -12 Part of Lots 24 &25, Concession 7,290 Ridge Road (County Road 20) Former Township of Oro, Now In the Township of Oro - Medonte Thank you for circulating the County of Simcoe. The subject property is designated Agricultural in the Local Official Plan, and therefore subject to the Agricultural policies of the County Official Plan. The applicant is requesting consent to create a 6.77 hectare (16.7 acre) parcel for a specialized agricultural use. County of Simcoe Official Plan policy 3.6.6 states that new lots for agricultural uses should generally not be less than 35 hectares, 4 hectares on organic soils or, where local municipal official plans allow, a variant lot size specifically for specialized agricultural uses. The Township of Oro - Medonte's Official Plan policy C1.3.1 permits the consideration of lot creation for specialized agricultural use subject to specific criteria, one criteria being that the subject property is placed in a site - specific zone prohibiting residential use. The prohibition of residential use is imperative as the County of Simcoe Entrance By -law No.5544, section 2.5.2 states, 'New )entrances shall not be permitted to individual residential lots created on County Roads following June 30, 1996, except in urban settlement areas designated in Official Plans." in addition, the County of Simcoe Entrance By -law section 2.2.1.4 requires an Entrance Permit for changing the use of or classification of an existing Entrance ". Therefore the existing field entrance would need to be upgraded in order to accommodate additional traffic generated by the proposed change in use. Furthermore, the existing right -of- -way on County Road 20 adjacent to the subject property is approximately 16.0 metres wide. In accordance with Schedule 5.5 of the Simcoe County Official Plan, the required basic right-of-way width for County Road 20 is 20.0 metres. County staff has reviewed this requirement and feel that the full right -of -way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 20. In order to meet this right -of -way requirement, the County will require a road widening of approximately 2.0 metres. The corner of Ridge Road West and Line 6 South also requires a daylight (sight) triangle. The County standard for daylight (sight) triangle is 15 metres X 15 metres. These dimensions are applied to the limit of the right -of -way. PLD- 003 -COI Therefore the County has no objection to the approval of the application provided the following conditions are included: 1. The lot created for a specialized agricultural use be zoned to prohibit residential use; 2. The applicant apply for an entrance permit from the County of Simcoe's Transportation and Engineering Department; 3. The applicant shall transfer to the Corporation of the County of Simcoe ( "County "), at no cost, a fee simple, unencumbered interest in the following: • A road allowance widening along the entire frontage of the subject property adjacent to County Road 20 to provide a 10.0 metre right -of -way from the centre line of County Road 20. • A daylight (sight) triangle measuring 15 metres x 15 metres at the south corner of the property adjacent to County Road 20 (Ridge Road West) and Line 6 South. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (3 copies) which sets out the road widening, including daylight triangle, to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 3 copies of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees and disbursements, agreements, GST, etc. shall be borne by the applicant. All documentation is to be prepared and registered by the County's Solicitor and to be executed where required by the Applicant. The Applicant shall submit to the County's Solicitor a deposit in the amount of $2000.00 (payable to: Graham, Wilson and, Green in Trust), prior to the services being rendered; and, 4. Prior to stamping of the deed by the Township of Oro - Medonte, the Applicant shall obtain written clearance from the County for the above -noted conditions. The County of Simcoe is requesting the road widening including the daylight triangle lands for road widening purposes pursuant to section 53(12) of the Planning Act and such land will form part of the highway to. the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. In addition, please note that in accordance to Simcoe County Road Setback By -law 5604, all structures and building must be located 15 metres from the limit of County Road 20. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me, rachelle.hamelinO,simcoe.ca or 726 -9300, ext.1315 or Paul Murphy, Planning /Engineering Technician, ext.1371. Sincerely, The Corpofition of the County of Simcoe 1. Rachelle Hamelin Planner 11 cc. Rick Janes, .tones Consulting Group Ltd. Bunco County District Sch 1 m 1170 Highway 26 West Phone: (705) 728-7570 ` 0 U11d1hurst Ontario Pax 7G5 728-2265 iL. i XO www.sodsb.on.ca June 06, 2011 JUN .j 0 2611 Ms. Andria Leigh, MCIP, RPP Director of Building & Planning Servicesstftf€ Township of Oro - Medonte 148 Line 7 South P.O. Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh: ZONING BY -LAW AMENDMENT PART 1, RP 51 R -37419 RIDGE ROAD WEST TOWNSHIP OF ORO- MEDONTE FILE NO.201 1 -ZBA-05 Thank you for circulating a copy of the proposed Zoning By -law Amendment Application for the above -noted property to this office. The applicant has applied to rezone the property from the Agricultural /Rural Exception 201(A/RU *201) Zone to the Agricultural /Rural Exception (A/RU *) Zone to permit a residential dwelling to be located on the subject lands. Elementary students residing in this area are bussed to Guthrie Public School and secondary students will be bussed to Eastview Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacek, MCIP, RPP Senior Planner Lake Simcoe Region Conservation Authority Sent by email June 22, 2011 dirwin @o ro -medon te, ca Mr. J Douglas Irwin, Clerk Corporation of the Township of Oro - Medonte 148 Line 7 South, P.O. Box 100 Oro, ON LOL 2X0 Dear Mr. Irwin: RE; Zoning By -Law Amendment Application - Rezone For Residential Use Barry Leigh, Owner Part of Lot 24 & 25, Concession 7 (Former Township of Oro) NjS Ridge Road West; Part1, Plan -51R -37419 Township of Oro- Me-donte, County of Simcoe -7tz, fotet+tationai Proud Winner of the- 2009 International Thiess Riverprize File No: 2011- ZBA -05 IMS No.: PZOA185C2 Thank you for conferring with the Lake Simcoe Region Conservation Authority (LSRCA) with regard to the above noted Zoning By -law Amendment application. It is our understanding that the purpose and effect of this application will allow for the rezoning from Agricultural /Rural Exception 201 (A /RU *201) to Agricultural /Rural Exception (A /RU *) in the Township's Zoning` By -Law 97 -95. We have reviewed this application for consistency with the Wise Use and Management of Resources (Natural Heritage and Water) and the Public Health and Safety Policies (Natural Hazards) of the Provincial Policy Statement (PPS) under the Planning Act, conformity with the Clean Water Act, conformity with the Lake Simcoe Protection Act -and- Plan (LS'PP), and in accordance with the purpose and intent of Ontario Regulation 179 /06 made under the Conservation Authorities Act. As you are aware, the subject property is located within the jurisdiction of the LSRCA, and is partially located within an area regulated under this Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 179%06) made under the Conservation Authorities Act. The northern portion of this property is regulated for an apparent valley and steep slopes associated with the adjacent watercourse, and the southwestern portion of this property is regulated 'fora 15 metre setback to the regulatory floodplain. A permit will be required for any future development within the regulated portions of the above noted property, prior to issuance of a municipal building permit. 120 Bayview Parkway 1 Box 282, Newrtii rker, Ontario 1.3V 4Xi Tel: 905,895.12si l.soo.465_0437 Fax- 905,853.5881 G -Mad, inf6@1srca.on.ca. Website: www.lsrca.00.ca Page 1 of 2 A Watershed . far Life Lake Simcoe Region Conservation Authority Policy 6.25 -DP of the Lake Simcoe Protection Plan (LSPP) requires that any application proposed for development or site alteration within 120 metres of a key natural heritage or key hydrologic feature be accompanied by a Natural Heritage Evalulation meeting the requirements of Policy 6.26 -DP. This proposal should be amended to retain the existing zoning for all areas within 120 metres of the watercourse, or a Natural Heritage Evaluation should be submitted which demonstrates how the proposal meets the LSPP. t Policy 4.15 -DP of the LSPP will not permit a new on -site sewage system within 100 metres of any v permanent stream. Therefore any new septic system must be a minimum of 100 metres from the adjacent watercourse. Please note, the western portion of the above noted property is within a recognized Wellhead Protection Zone (see attached map). All development should be proposed outside of this area. Based on the above noted information and our review of the proposed Zoning By -Law amendment application, should the Council approve this application, we request that it be subject to the following: That the portions of the lot within the Wellhead Protection Zone (per the attached map) and remaining areas within 120 metres of the watercourse retain the current zoning which contains a special provision that prohibits buildings and structures (i.e. retains the A /RU *201 designation). Please advise the applicant that in accordance with the LSRCA's Planning and Development Fees Policy (April 23, 2010), the total fee for this application is $400.00. The applicant should be advised that currently this fee is outstanding and to please forward the above mentioned fee to the LSRCA as soon as possible. If you have any questions, comments, or require anything further from the LSRCA, please do not hesitate to contact the undersigned at 905- 895 -1281, extension 287, or by e -mail at Lwalker @Isrca.on.ca. Please reference the above file numbers in future correspondence. Please advise us of your decision in this matter. Yours trul Ian alker, BSc. Environmental Planner I W /dt C. Charles Burgess, Senior Planning Coordinator, LSRCA Steven Farquharson, Intermediate Planner, Township of Oro - Medonte S; \Env Plan \Plan Appls \Planning Letters \zoning Amen dments\ Oro- Medonte\ 2011 \PZOA1 &5. 2011- ZUA- 05.N- SRidgeRoadWest.Leigh. #W - 1.docx Scale 1: 5,160 Meters 262 0 131 262 Features 0 Assessment Parcel El LSRCA Political Watershed Mask — Watercourse Q Lot and Concession Wellhead Protection Zone 0 Zane A -100 Meters Zone B - 2 Yr Travel Zone C - 5 Yr Travel Zane C1 -10 Yr Travet D Zone 0 - 25 Yr Travel LSRCA Boundary Lake Simcoe Lake Couchiching Local Road Printed On: 6/22/2011 Mapped By: IW This product was produced try the Lake- Slmcoc Region conservation Authority and some information depicted on this map may he" been compiled from various sourced, While every agon has been made to accurately depict the information: datWmapping non; may tudet. This map has boon produced for WusfratIve purposes only, LSRCA GIS Services DRAFT Printed 2011.0 LAKE SIMCOE REGION CONSERVATION AUTHORITY. 2011. All Rights Rosarvod. The WiovAng data sots of Assessment Parcel, Roads, Upper ✓i Lovmr Tier MuMcipaildes are ® Queens Pdntor for Ontado, 2011. Reproduced with Ponnission. The Current Regulation Limit and Boundary date seta are dorivod producm from several datasets. we boing MNR Evaluated Wotands m Oucons Printer for Ontario, 2011, Roproduced with Permission. Ohthaphmowaphy 2002, 2007, 2008, 2000.0 J.D. Barnes Limited. PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE TOWNSHIP'S ZONING BY-L/ \A/ 97-95 ZONING BY -LAW AMENDMENT APPLICATION 2011- ZBA -05 West Part of Lot 24 & 25, Concession 7, RP 51R- 37419, Part 1, Township of Oro - Medonte V_ 7-BA-05 Public Meeting ,June 22, 2011 • Purpose of Meeting — To obtain public comments on. a proposed amendment to the Township's Zoning By -law 97 -95, as amended • Proposed Zoning By -law Amendment would apply to lands described as West Part of Lot 24 & 25, Concession 7, RP 51R- 37419, Part 1 Township of Oro- Medonte 6/24/2011 2 Y 01 1- ZBA -05 Plfl)lic Meeting June 22, 201 1 I I - ZBA -05 Public Meeting June 22, 2011 (1 I - ZBA -05 Public Meeting June 227 201 1 M a Official Plan — currently designated Agricultural, which permitted the severance o lot for specialized agricultural purposes. s The Official Plan contains a policy that states the new lot be placed in site specific zone in the implementing Zoning By -law that prohibits the development of a residential use. o Zoning Amendment Application 2011- ZBA -05 is seeking an exemption from the site specific zoning to allow for a residential use to occur. 2011- ZBA -05 Public Meeting June 22, 2011 s Open up for Questions or comments from Members of Council or the Audience • The lands are located on Ridge Road East — east of Line 6 and west of Line 7. • Approximately S.37 hectares with a frontage of 209 metres onto Ridge Read East. • The parcel has a depth of approximately 300 metres (irr) • Follow a natural tree line in terms of the rear and side yard. • The surrounding land uses include primarily agricultural; rural residential and residential related to agricultural operations. • There is significant tree cover on the south side of Ridge Road. • The north side of Ridge Road in this area is primarily agricultural operations with tree covered areas along natural ravines and creek areas. • The lands have been recently severed from. the larger farm holding for the purposes of a specialty agricultural operation. SITE DESCRIPTION ------------------------------------------------- - -------------------------------------- ----------- 0 -- — --- - ---- — ------------- - -- - -------------------------- - - ----------------------------- • The subject lands are zoned Agricultural /Rural (A /RU — 201). • The exception provides that, "Notwithstanding and other provisions of this By -law, a single detached dwelling is not permitted on the lands denoted by the symbol on the schedule to the By- law." • In order to permit a single detached dwelling unit, a ZBA is required. • The Agricultural/ Rural (A /RU) zone requires: • minimum lot frontage of 45 metres • minimum lot area of 0.4 hectares for a single detached dwelling use. • The parcel has frontage of approximately 209 metres and a lot area of approximately 5.37 hectares. As such, the parcel would meet the minimum requirements of the Agricultural/ Rural (A /RU) Zone for the proposed single detached use. • The purpose of this application is to remove a provision within a site specific zone, in order to permit a residential use on the subject lands. The Provincial Policy does permit residences can Class 1 -3 lands. • A "specialized" agricultural use, would be consistent with the intent of the PPS. The "specialized" agricultural use and associated single detached dwelling would allow the parcel. of land to be used for an agricultural operation and a residential use. • The proponent has retained Azimuth Environmental Consulting to complete an "Agricultural Impact Assessment ". • This report provided an assessment of the property and determined that the proposed severance would not have an adverse impact on the continuation of agricultural operations on the retained parcel or the surrounding agricultural parcels. • The parcel would remain a "specialized agricultural" use with a residence. • MDS arc for Leigh Lands is 250 metres for both the building /manure storage. • M.DS arc for the Cooper. Lands is 250 metres for both the livestock /manure storage. • MISS is met.