02 22 2012 2011-OPA-02 2011-ZBA-09 (Crestwood Park)• i
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2011- OPA -02
2011- ZBA-09
(Crestwood Park Holdings Inc.)
TAKE N0110E that the Council of the Corporation of the Township of Oro - Medonte will hold a Public
Meeting on Wednesday February 22, 2012 at 7.30 p.m. in the Municipal Council Chambers. The
purpose of the public meeting is to obtain public comments on proposed amendments to the Official Plan
and Zoning By -law, under Sections 17, 22, and 34 of the Planning Act, R.S.O. 1890 c. P. 13.
THE PURPOSE of the proposed Official Plan and Zoning By -law Amendments are to redesignate and
rezone the lands described as 99 Mount Saint Louis Road East, being East Part of Lot 10, Concession 7
(formerly Medonte) Township of Oro- Medonte. A portion of the total lands are proposed to be
redesignated from Rural to Commercial and rezoned from Agricultural/Rural (A/RU) and Environmental
Protection (EP) Zones to General Commercial (GC), Agricultural /Rural (A/RU) and Environmental
Protection (EP) Zones in order to facilitate the proposed commercial (Restaurant) use.
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 Amendments. If a person or public body that files an appeal of
a decision of the Township of Oro - Medonte in respect of the proposed Amendments does not make oral
submission at the public meeting or make written submissions to the Township before the proposed
Amendments are 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 Official
Plan and Zoning By -law Amendments, you must make a written request to the address below.
WRITTEN SUBMISSIONS should be directed to:
Township of Oro- Medonte
148 Line 7 South
P.O. Box 100, Oro, Ontario LOL 2XO
Attn: J. Douglas Irwin, Clerk
ADDITIONAL INFORMATION relating to the proposed Zoning By -law and Official Plan Amendments are
available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration
Building. For further information, contact the Planning Department at 705 -487 -2171.
DATED at the Township of Oro - Medonte this 8`d day of February 2012.
Andria Leigh, MCIP, RPP d
Director of Development Services
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EM SUBJECT PROPERTY (89 MOUNT SAINT LOUIS ROAD EAST)
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PROPOSED ZONING 1
i DESIGNATION .
PRNM.. 10.130 I:=
OATEmr OPAlV ,
Nw. 8, 2011 A-1
PUBLIC 4EETING
FOR PROPOSED A 4ENDMENT TO
THE TO /VNSHIPS ZONING BY-LA\At
97 -95
OFFICIAL PLAN AMENDMENT APPLICATION 2011- OPA -02
ZONING BY -LAW AMENDMENT APPLICATION 2011- ZBA -09
East Part of Lot 10, Concession 7
99 Mount Saint Louis Road East
(former Township of Medonte)
Township of Oro - Medonte
2011 -OPA-02 & 2011 -ZBA-09
Public Meeting
February 22, 2012
o Purpose of Meeting - To obtain public comments
on proposed amendments to the Township's
Official Plan, and Zoning By -law 97 -95, as
amended. The proposed amendments would
apply to lands described as East Part of Lot 10,
Concession 7, municipally known as 99 Mount
Saint Louis Road East (former Township of
Medonte).
o Applications 2011- OPA -02 & 2011- ZBA -09
propose to permit a commercial (""Restauran
use to be operated on the subject lands.
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2011 - OPA-02 & 2011 - ZBA-09
Public Meeting
February 22, 2012
• The property subject to
applications 2011- OPA -02 and
2011- ZBA -09:
• Have approximately 241 metres
(791 feet) of frontage along
Mount Saint Louis Road East;
• Have approximately 685 metres
(2,248 feet) of frontage along
Highway 400; and
• The property has an area of
approximately 88 acres (
hectares).
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*approximate
area .related to
proposed
restaurant use
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W EJECT PROPERTY
(SS
MOUNT
SANIT
LOUIS ROAD
BAST)
IANDt SUEJSCTjTO
PROPOSED
COMMERCIAL
USE
2011 - OPA-02 & 2011 - ZBA-09
Public Meeting
February 22, 2012
• Per Schedule "A" to the
Official Plan, the subject lands XX
X1 LI
are designated Rural, with a ' '
portion designated
Environmental Protection Tzvo
Overlay in the Township's
Official Plan,
The Environmental Protection
Two Overlay designation
recognizes a significant
woodland feature.
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2011 - OPA-02 & 2011 -ZBA-09
Public Meeting
February 22, 2012
• Official Plan Amendment Application 2011- OPA -02 proposes to
amend the designation for a portion. of the property ro ert from
P Y
Rural to Commercial. Exact boundaries are to be determined.
• Zoning By -law Amendment Application 2011- ZBA -09 proposes
to amend the zoning for a portion of the subject property from
the Agricultural/ Rural (A/ RU) Zone and Environmental
Protection (EP) Zone to the General Commercial (GC) Zone.
Exact boundaries are to be determined.
• The purpose of the proposed Amendments is to facilitate the
proposed "Restaurant" use.
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E SITE CONCEPT Ira-ORMATION BASED
o1NERALL T09oaNAPM PLAN
a ^ OF 99 MOUNT S7. "' RD. EAST
OF PART LOT 10, CONCESSION 7,
C"TY OF SIMCOE
BY DEARDEN AND STANTON LTD.
DATED SEPTEMBER 16, 2011
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OUTLINE OF AREA OF
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ENVIRONMENTAL PROTECTION I
AREA TO REMAIN AS I
AGRICULTURAL I RURAL
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AREA TO BE ZONED & DESIGNATED
COMMERCIAL
SHOWN CROSS HATCHED
AREA TO REMAIN AS
ENVIRONMENTAL PROTECTION
RODERICK H. YOUNG
ARCHITECT
P.O. a" 10
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SITE DEVELOPMENT AND NEW BUILDING for:
NEW RESTAURANT
99 Mount St. Loins Road TowrMp of Oro Madonle
TITLE:
PROPOSED ZONING l
DESIGNATION
PROJECT: 90 -130 1 SCALE: 1:2500
DATEISSUED: I DRAWING NUMBER:
Nov. 8, 201 9
CT.,+
PA -02 & 2011,
Public Meeting
�bruary 22. 20
SITE STATISTICS
ELEMENT
AREA
PERCENT
TOTAL BUILDINGS & WALKWAY 759.83 sq.m.
j 8,178,74 s%ft.)
022
%
PARKING I DRIVEWAYS
9,062.39 sq.m.
(97,546.75 SOL)
2.51
%
LANDSCAPED OPEN SPACE
350,078,35 sq.m,
(3,768,212,00 SOL)
97.27
%
Total
399,900,37 sq,m.
(3,873,937,49 s%ft)
100.00
%
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PROPOSED USE
RESTAURANT
WILDING AREA =GROSS FLOOR AREA (Excivi s East Gwapa)= 592.62 sq.m,
PARKING REQUIREMENTS BASED ON t SPACE d 9 sg.m. OF G.FA.
=592.62 sq.m.19 sq m. PER SPACE =6&M SPACES =66 SPACES
PARKNG RECUREMENTS BASED ON PROPOSED USE = 66 SPACES
PARKING PROVIDED =168 SPACES
BARB IER+REE PARKNG PROVIDED= 4 SPACES
LOAJIVG SPACES! 1 9-5 m x 10 m SPACE REQUIRED AND PROVIDED
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2011 - OPA-02 & 2011 -ZBA-09
Public Meeting
February 22, 2012
Contents of the applicant's submissions included:
• Application Sketch
• Site Plan drawing
• Landscape Concept Plan
• Key Map drawing
• Draft Official Plan Amendment and Draft Zoning By -law Amendment
•
Planning Justification. Report
• Functional Servicing Package including:
• Sewage Servicing
• Grading and Storm Drainage Review
• Electrical Service and Communication
• Traffic Impact Study
• Stage 1 Archaeological Research
• Hydrogeological Assessment
• Scoped Environmental Impact Statement
2011 - OPA-02 & 2011 - ZBA-09
Public Meeting
February 22, 2412
Application Process to Date:
• Applications have been circulated to relevant agencies, including:
• Ministry of Transportation,
• County of Simcoe,
• Nottawasaga. Valley Conservation Authority, and
• Township consulting engineer (AECOM)
• Today's Public Meeting is being held as required under the Planning Act
Further Processing of Application:
• After the Public Meeting, and once comments are assessed by relevant
departments) / a.gency (ies), Planning staff will bring forward a report to
Council on the proposed amendments.
• Timing for the consideration of the proposed amendments is subject to
receipt of comments from departments, agencies, and the public, and
potential revisions by the applicant as a result of comments received.
2011 - OPA-02 & 2011 - ZBA-09
Public Meeting
February 22, 2012
o Questions or comments from Members of Council or the
Public.
V
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LAND USE PLANNING I PROJECT MANAGEMENT
2 Wagner Road, Nottawa, ON LOM 1 PO
RODERICK H. YOUNG
ARCHITECT
P.O. Box 10
102 Laclie Street
Orillia, Ontario L3V 6H9
Phone (705) 325 -0761
Fax (705) 327 -5114
E -mail young. rya @bellnet.ca
STATUTORY PUBLIC MEETI
CRESTWOOD HOLDINGS
COUNT ST
A R Y 2 2, 2012
N AMENDMENT ANI
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LOUIS
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AMENDMENT
LOT
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• 99 Mount St. Louis Road East
• Part East Half Lot 10, Concession 7
• Located at southeast of the intersection of Highway 400 and
Mount St. Louis Road East
• Frontage of 241 metres of frontage on Mount St. Louis Road
• Total area of 35.71 hectares (88 acres)
• Lands are rural with an existing vacant residence
MOUNT ST, LOUIS
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• To re- designate and re -zone a portion of the lands for a
proposed Weber's Restaurant.
• To establish the principle of development on a portion of the
site and to provide provisions to permit a commercial use
being a Weber's Restaurant.
• Area to include parking, ingress /egress, private servicing and
eatting /open space areas.
• Access from Mount St. Louis Road East.
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• To re- designate and re -zone a portion of the lands for a
proposed Weber's Restaurant.
• To establish the principle of development on a portion of the
site and to provide provisions to permit a commercial use
being a Weber's Restaurant.
• Area to include parking, ingress /egress, private servicing and
eatting /open space areas.
• Access from Mount St. Louis Road East.
SITE STATISTICS
o Gross Floor Area is 592 square metres — main building
o Total Gross Floor Area is 759 square metres
o Parking spaces provided is 168 spaces (66 required)
0 4 Barrier Spaces provided
• Area to be rezoned is approximately 6.6 acres
• Plus 1.54 acres for sewage system (Total Area 8.14 acres)
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• Lands are designated Rural and
EP.
• Amendment
to establish
commercial
is required
i highway
use,
in order
• Amendment would re- designate
a portion of lands from Rural to
Commercial in order to permit
the establishment of a
commercial operation.
• The remainder of the lands
would remain Rural and EP.
• EP lands to remain unchanged.
OFFICIAL PLAN POLICIES
• To develop a • Building will blend in,
commercial use. cottage like, will not be
• Adequate parking on urban, sensitive to the
site and loading
facilities.
• Adequate buffering and
landscaping will be
accommodated.
• No new entrance to
Highway 400 shall be
permitted,
general rural character
of the area.
• Site will incorporate
landscaping to enhance
the site and surrounding
area.
• No outdoor storage.
• Buffering to property to
the east, land
scap lng
and existing garage to
r em
Agricultural /Rural (AIRU) to a portion
of General Commercial (GC) Zone &
EP
s To permit the restaura
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SEWAGE
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WE OONGEPT #FOR
OF 90 MOUNT ST. i^A RD. EAST
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SEWAGE DISPOSAL
SHOWN DASHED
COLDWATER.__ RIVER
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AREA TO REMAIN AS
AOpIg0.1URAL /RURAL
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RODERICK H. YOUNG
ARCHITECT
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SITE DEEVROPMEN7AND NEW SUILDINGtor.
NEW RESTAURANT
99 Mma SL LvA Road TowraMp of Oro Mo&*
• 1 LE:
PROPOSED ZONING
DESIGNATION
PROJECT. 10-130 SCA1E: 1:2500
DATE ISSUED. I DRAWING NUMBER:
Nov. 812011
riff,
ZONING CONFORMITY
3700 square metres 35.99 ha
Commercial Area
- 33,280 square metres
30 metres 241.9 metres
1-4.0 metres 15 metres
3.0 metres 206.64 metres
).0 metres 26.02 metres
'.5 metres 693. metres
i.0 metres 6.0 metres plus
).0 metres 6.0 metres plus
_1 metres Less than 11 metres
MET
STORMWATER MANAGEMENT
(DEARDON A .=.
• Excess precipitation and melt runoff will be directed to the south and
south -east
• Runoff will be filtered through the grassed swale and selective planted
vegetation
• Storm Water Management basin will maintain pre - development outlet
rates
• The parking lot is intended to remain gravel surfaced, but will be
assumed to be asphalted.
• The Storm Water Management basin and all collection facilities will be
dry during non -event periods.
exi
The ex
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ing pon
provide will d o+ ] ' it rate t quaflty buffering,
not require any modifications for this prop04
PRELIMINARY ANC
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ECONOMIC DEVELOPMENT /OPERATIONS
Current operations:
Open 220 days a year
• Open 10:30am - 8:00pm (avg.)
• Open everyday from Easter to Thanksgiving, weekends in the off season
• Current payroll (with staff): 115 people
Proposed NEW operations:
• Open everyday from Easter to Thanksgiving, weekends in the off season
• Open 10:30am - 8:00pm (avg.)
• Planned staff hires: 65 people
CONSULTING TEAM
Roderick H. Young Architect — Project Lead & Architect
Loft Planning Inc. - Planner
C.C. Tatham & Associates — Transportation Engineer
Dearden & Stanton — Storm Water Control
Beacon Environmental — Environmental & Natural Heritage
AMICK - Archaeology
Robin Smith Engineering — Sewage Disposal
Terraprobe Engineering — Water Supply (Hydrogeology)
Gosse & Gilewicz Engineering — Electrical & Communication
Jeff Waring, Landscape Architect — Landscape Architect
N:v\, f Im_ m I,,
C C t, _QA \t. � n \,A
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February 21, 2012
BY Email
Township of Oro - Medonte
148 Line 7 South
P.O. Box 100, Oro, ON
LOL 2X0
Attn: J.Dougias Irwin, Clerk
Re: Crestwood Park Holdings Inc.
2011- OPA -02 / 2011- ZBA -09
Proposed Amendments to Zoning and Official Plan
We are writing to the Township of Oro- Medonte to express our concerns with the
proposed amendments to the Zoning By -Law and Official Plan to allow a commercial
development on the South East corner of Mt.St,Louis Road and the 400 Highway. We
have reviewed all reports submitted by the proponent's consultants to the Township and
find many discrepancies, omissions and errors,
The east side of Mt.St,Louis road at the 400 highway is clearly Rural and Agricultural land
with significant Environmentally protected areas (Coldwater River, wetlands and
tributaries). We feel that the Township has appropriately left this area outside of any
settlement area and kept it zoned appropriately. We would also note that the ski resort
on the west side of the 400 is part of a secondary plan that is under utilized (several
vacant hectares remain undeveloped).
We have several concerns with the proposed use including;
- Noise, Air and Solid Waste Pollution
- Traffic Impact due to a dangerous lack of appropriate site lines.
- Potential contamination of Ground and Surface water
- Destruction of wildlife habitat (Aquatic and Terrestrial)
- Decrease in property value and potential for further development
- Public safety and the safety of our children due to transient traffic
We cannot find any evidence in the planning justification report, Growth Plan or Township
policy to support this development. There are several more appropriate areas to host this
type of commercial development in established settlement areas with services and
zoning,
We look forward to attending the public meeting and expressing our concerns in detail.
We kindly request notification of the Townships decision on this matter.
Yours truly,
Jody and April King,
169 Mt.St.Louis Road E.
RR #4 Coldwater, ON
LOK 1 EO
Head Office: Barrie 229 Maplevlew Drive, Unit I Barrie, ON L4N OW5 705- 734 -2538 - 705- 734 -1056 fax
Porn 11 Rev www.lonexonc Itlna m
To: Doug Irwin
There is a proposal before the Oro Medonte Council to build a Weber's restaurant
at the corner of Hwy 400 and Mount St Louis Rd. We own the property across the road
from this proposed development and we have some serious concerns:
1. We purchased our beautiful property near a lovely ski resort and have done
improvements to our house and property at considerable expense . The value has
increased. Placing a burger joint across the road from our home will decrease the value
of our place as well as decrease the values of all homes in the vicinity.
2. We moved from the busy, noisy city of Mississauga and found peace and tranquility
on Mt St Louis Rd.
Now we are being threatened by a Weber's restaurant with the accompanying traffic jams
similar to the ones we see at Webers on Hwy 11, the smell of charcoal smoke and burgers
in the air, Weber's cups and plates floating in the river past our house and more garbage
thrown out along our property. We presently pick up a lot of garbage from the take out
restaurants in Barrie and I know the volume of garbage will increase dramatically
with a restaurant so close.
3.The poor 80 year old lady who lived on this property prior to Mr Rennie's purchase
was forced to move her mailbox way down the road because Canada Post proclaimed
it was too dangerous for them to stop at her mailbox. So how can it now be safe for
dozens of cars to line up to get into the same entranceway ?
4.The Coldwater River flowing through our property is clean and clear but with a
restaurant Just upriver it will not remain so. We have all experienced the results of
commercial properties near waterways and the resulting garbage that ends up in the
water. Why pollute such a pristine section of this river?
5.The potential for accidents at this proposed entranceway is great, because cars are
coming up over a bridge (fast) and are immediately upon the entranceway with little
chance to react.
6. I can think of very few people who would like a Macdonald's type restaurant in their
neighborhood. This type of establishment would have a detrimental effect on the beauty,
tranquility and unsullied environment of Mt St Louis Rd.
Wendy and Dwight Holm
164 Mount St Louis Rd E
RR4 Coldwater Qnt
LOK1EO
simcoe '01'a
Muskoka
DISIIRIQT HEALTH UNIT � C"
February 10, 2012
J. Douglas Irwin, Clerk
Township of Oro - Medonte
148 Line 7, South
P.O. Box 100
Oro - Medonte, Ontario
LOL 2X0
Attention: Mr. Irwin
Re: 201.1- OPA -03
2011- ZBA -15
(Crestwood Park Holdings Inc.)
FEB 17 2012
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While this office has no objections to the proposed amendments, by way of this
correspondence the Applicant should be made aware of Regulations under the
jurisdiction of this Health Unit. Particularly, Regulation 319 (Small Drinking Water
Systems) and Regulation 562 (Food Premises) which may govern the
establishment of the commercial use.
Accordingly the Applicant may wish to contact this unit at the planning stage
should these amendments succeed.
Yours truly,
r.
Craig Dale
cc: Dave Fraser, Simcoe Muskoka District Health Unit
Karen Wierzbicki, Simcoe Muskoka District Health Unit
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Your Healy, Cor,,necrior3
_1 Orillia
16 February 2012
Attention: Council
Township of Oro - Medonte
148 Line 7 South
P.O. Box 100, Oro, Ontario LOL 2X0
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Dear Council Members,
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I am writing in response to the proposed redesignation and rezoning of the lands described as 99
Mount St Louis Road East, being East Part of Lot 10, Concession 7 (formerly Medonte) Township of
Oro - Medonte.
I am opposed to this application for several reasons. I will only discuss a few in this letter, with
additional ones with supporting information to follow at the public meeting on 22 Feb 2012, at the
Municipal Council Chambers.
The proposed development of the Environmentally Protected (EP) designated lands for purpose of
establishing a burger joint is neither consistent with the existing designated land use, nor does it
suit the character of the community. There exist other alternative locations, all of which are
currently designated as commercial, that will not cause irreparable harm to the local ecosystem,
that will not threaten endangered species, that are not at risk of contaminating the water
tributaries and that are not situated near residences. The land has been designated as EP for a
reason, and thus it would be irresponsible to remove that destination to suit a sole, private
developer. In addition, the Scoped Environmental Impact Statement (EIS), funded by the developer
is flawed with grievous omissions and inaccurate information on the EP land and legislative
requirements. Supporting documentation for these facts are too numerous to include in writing
and will, therefore, be made available at the public meeting. Furthermore, the EIS does, however,
acknowledge the land as habitat to the Eastern Meadowlark (s. 4.3.1 Rarity, p. 20). As of January
2012, the status of this bird species has been elevated to threatened by the Ministry of Natural
Resources (MNR) as per the provincial Endangered Species Act. As a result, a special application for
a permit is now required by the MNR.
The developer, who wishes to redesignate and change the zoning of the land has demonstrated a
pattern of disregard for the environment, due process, provincial and federal laws. Once again,
undeniable supporting documentation for these facts will be made available at the public meeting.
This behaviour established a pattern that would lead any reasonable, cautious and prudent person
to believe that a disregard for the environment, the community and the law would continue.
In addition, this development would also be of no direct benefit to the community. The creation of
a few minimum wage jobs flipping burgers would not have a sufficient impact on the community
that would offset the harm caused. The Mount St. Louis area is a beautiful setting with a
recreational ski hill, a feature that adds value to the neighbourhood. A burger joint would bring an
increase in noise, traffic congestion, litter, the smell of grease and fat in the air, decrease the value
of residential properties and the quality of life for many residents. All of these burger joint side -
effects would go unnoticed at already commercially designated lands on the Hwy 400 corridor
between Barrie and Port Severn.
I hope that you weigh these considerations and those brought up at the public meeting to help you
make a decision that reflects the best interests of the community and the views of the voters.
I respectfully request that you acknowledge receipt of this letter in writing and, furthermore, I also
request to be notified in writing of the decision made in this matter.
Regards,
a, a V rc
Andre Savignac
53 Mount St Louis Road West RR #4
Coldwater, ON LOK 1E0
Re: Opposition to the proposed amendments to re- designate and rezone the lands described as 99
Mount Saint Louis Road East, being East Part of Lot 10, Concession 7 (formerly Medonte) Township of
Oro - Medonte.
I am opposed to the proposed amendments for the following reasons:
® The current Township of Oro- Medonte's Official Plan does not permit this land to be used for
commercial use. An Official Plan is a publicly reviewed and approved long range planning guideline
which defines where, when and what type of development can or should occur in specific areas of a
municipality. Clearly it was the intention of the Township Council, in passing this Official Plan in its
current form, that the area subject to this proposed amendment was not then, and is not now,
considered suitable for such a commercial development. It is clear to me that, while an Official Plan can
be amended from time to time with public input, this is not the kind of development the originators of
the Plan, or its public reviewers, considered appropriate for this parcel of land. It is still not considered
to be an appropriate use of this land at this time.
• Based on the above point I submit that this proposed land use change is not sound land use planning.
Such development should be concentrated in pre- existing commercially zoned areas within the
Municipality. The proposed development is a burger restaurant which is not a suitable fit for the rural
character of this area of the Township and it does not belong in this beautiful rural /environmentally
sensitive setting. We need to preserve environmentally protected areas that still exist before proposed
developments such as this are allowed to irrevocably alter what remains.
® Local residents, including myself, have witnessed the ongoing site alterations on the property (99
Mount Saint Louis Road East) by the applicant before applying for re- designation and rezoning approval,
which is contrary to the intent of the O.P. and zoning By -Law documents. Site alteration means
"activities such as grading, excavation and the placement of fill that would;change the landform and
natural vegetative characteristics of a site" (Section 2.1 of the Natural Heritage Provincial Policy
Statement and Planning Act). An excavator was on the property digging at the edge of the pond tearing
out vegetation. This excavation caused silt to appear in the Coldwater River for at least 24 hours, which
may have had negative impacts on fish and fish habitat. Large mature trees were cut and burned in
massive burn piles on the property many days. Then machinery was used to remove the stumps and the
land was carefully manicured in an attempt to eliminate any evidence of this activity. A review of
Google Earth images in the recent past will demonstrate this point, with clear before and after images.
Rest assured this evidence will be presented to the OMB Chairperson should this development proposal
trigger an appeal. Rest assured I will appeal any decision approving these amendments. As a result of
these site alterations prior to approval, the applicant has demonstrated non - compliance with provincial
legislation and disrespected the environment, the Township of Oro- Medonte, and neighbouring
residents of Mount Saint Louis Road. It appears that the applicant deems this as acceptable behaviour
and I believe the possibility exists for similar non - compliant behaviours (violation of codes and
regulations) to become common practice in the development project if the proposal is approved and
this is unacceptable behaviour.
• There is grave concern about the natural heritage of this land as this proposed development places
many natural features at risk, such as: the Coldwater River and its associated riparian habitat and native
species of fauna and flora. Aquatic species, woodland birds and animals, natural habitat, natural beauty
in this country setting will be placed under buildings, parking lots and possibly asphalt with this
development. Of particular concern is information contained in the Environmental Impact Statement
completed by the Nottawasaga Valley Conservation Authority (NVCA) which indicates:
a) Evidence of "Eastern Meadowlark (two pairs) were observed north of the pond in the vicinity
of the proposed development ". "The status of this species has recently been elevated to "Threatened"
as of January 14, 2012. Section 4.3.1 titled "Rarity" in the Environmental Impact Statement (November
2011) states:
"it is our expectation that the meadowlark could be elevated to Threatened status under the
provincial Endangered Species Act in the late fall of 2011. if this comes to pass, the two pairs (one in
meadow at the northwest corner of the pond and one just south of Mount St. Louis Road East) could
trigger the application of that Act under the general habitat provisions of the legislation. This would
mean that a permit from the Ministry of Natural Resources could be required, a complex and time
consuming process, that ultimately results in a permit not being issued and permissions not granted'.
This indicates good reason for this proposal to be rejected by the Municipal Council. A permit from
MNR should be required (under the Endangered Species Act) for any work within the proposed
development footprint (NVCA). This is an unresolved issue that needs to be looked into with the aid of
the Ministry of Natural Resources.
b) "Though not mentioned in the EIS, the property is part of the extensive Copeland deer year"
(NVCA). Nearby residents have often spotted deer on the field where the restaurant is proposed to be
built. Also, be aware that the applicant has removed MTO fencing along the highway corridor on the
property that is intended to discourage wildlife from running onto the highway. This illustrates lack of
regard for MTO (as it was done without their approval, as far as I can determine), and lack of regard for
wildlife that frequent the property's fields, wetlands, and forests as well as the safety of passing
motorists.
c) The report states that the NVCA understands from the applicant's proposal that picnic areas
may be proposed in the area known as the pond /watercourse /wetland and they recommend that a
natural buffer be pond in place to preserve this space. Who may I ask is going to oversee compliance to
this request? The NVCA is requesting in their report that more information be provided on this and I
agree. Pond viewing platforms are also mentioned. Is the Township going to provide permits to allow
such construction to take place? I recognize the intent is to "avoid trampling of the vegetation along the
entire shoreline ", but who is going to monitor this? With a high volume of traffic heading north to the
cottage, the number of pedestrians and pets will not be monitored and there is a great likelihood that
they will be drawn to the water's edge. Dogs will see this as an ideal area to run, swim, excrete their
bowels, and disrupt natural habitat and wildlife.
d) "Storm water runoff from large gravel parking lots can potentially introduce a lot
sediment /turbidity into the system" (NVCA), which can /will negatively impact fish and fish habitat, as
well as other wildlife.
e) The NVCA requires further details on the force main that is to be installed and the directional
boring that would need to take place under the watercourses in conformity with the Conservation
Authorities Act and the Federal Fisheries Act since part of this proposed development is within in an
area affected by Ontario Regulation 172/06.
Another concern is the significant sewage volume to be generated by this business and disposed of in
a tile bed adjacent to a tributary of the Coldwater River. The force main from the septic tank(s) near the
restaurant will pass below a tributary of the Coldwater River and wetland to deliver the septage effluent
to the tile bed adjacent to another tributary of the Coldwater. This pipe, were it ever to be built, would
need to be adequately engineered to guarantee that there was no potential for rupture or leakage in
years to come. I don't believe this sewage pipeline could be constructed to such a standard so as to
preclude this possibility in future. Any rupture or leakage would result in the introduction of untreated
sewage effluent into a tributary of the Coldwater River and thus into the Coldwater River itself. The
Coldwater River supports a native naturally reproducing cold water fishery, which would be damaged by
such an occurrence.
According to the Forest Conservation and Tree By -laws, 2010, Simcoe County is a jurisdiction with
forest conservation or tree by -laws in place. I would like to know if the applicant was ignoring these
when cutting and burning trees on the property this past summer (2011). Also, the property contains
forested areas, which are considered Significant Woodlands under the Planning Act.
® This proposed development would create a substantial increase in traffic coming and going from Hwy
#400. This increase in traffic will bring with it a dramatic increase in associated traffic noise which will
carry particularly well on a quiet summer's evening. I submit that this is unacceptable in a quiet
residential area. An increase in traffic also presents numerous safety concerns for local residents such
as cyclists who use the road for training in the summer months, walkers, joggers and children. There is
no posted speed limit on Mt St. Louis Road and most travellers (including large transport trucks) travel
at high speeds on this road (excessive speed is a common occurrence in my observance on a daily basis).
The Post Office is well aware of the dangers presented by speeders and poor sightlines at the Hwy #400
interchange bridge and as a result they deem it unsafe for their mail delivery vehicles to pull over in this
location. Other residents, like myself, that are less than one kilometre from the Hwy #400 interchange
bridge have witnessed property damages as a result of dangerous speeding. I have had my mailbox
(including its post) completed snapped off 3 times and damaged once from vehicles in the 5 years that I
have resided here. I believe this type of speed will present even greater dangers such as an increase in
accidents at the Hwy #400 interchange with the addition of another driveway and increased traffic at the
bridge with poor sightlines (a location already deemed unsafe for mail delivery vehicles as noted above).
o Changes in air quality associated with the ever present odour of a burger restaurant will be noticeable
in the immediate area at all times the facility is open for business, which, judging by the existing Weber's
Restaurant on Hwy #11 north of Orillia, will be probably a 24 hour operation in the summer season
when the air is warm and local residents' windows are open. This is an unacceptable impact on
surrounding residential owners in my opinion. As well, the trash storage unit will also contribute to
unwelcome odours in the summer months and air pollution.
• Light pollution will be a problem, since the restaurant and the parking area will no doubt be well lit at
all times, thus bathing the surrounding quiet residential area in an unwelcome persistent ugly glow from
this business. This is an unacceptable impact on surrounding family residences in my opinion.
• Litter will follow. I have seen first -hand the resultant litter and garbage tossed onto the roadways by
patrons of take -out restaurants in many other locations. This is not something I wish to see in the
current litter free countryside in which we live.
® The MPP for Simcoe North, the Hon. Mr. Garfield Dunlop, recently wrote an article for a local
publication, the "Coldwater Current" Local News and Events, February 2012 expressing his belief that:
"It is imperative for Simcoe County and the entire province that Ontario takes a leadership role
in protecting our biodiversity. In a special report released recently, 'Biodiversity: A Nation's
Commitment, an Obligation for Ontario: The Environmental Commissioner of Ontario, Gard Miller
said the Government of Ontario must commit to its responsibilities in the 2011 Biodiversity Strategy to
stem the continuing decline in Ontario's species and natural spaces.
My riding of Simcoe North is a perfect example of where such protective measures are needed.
We live in an area where reforestation and protection of wetlands and species at risk are vital to good
health, growth and sustainable future.
... The lifestyle we enjoy in Simcoe County and in Ontario, our health, the health of our
communities and our economy depends on a healthy biodiversity."
• The Nottawasaga Valley Conservation Authority makes it clear at the end of their Environmental
Impact Statement that there are several "outstanding issues with this recent submission" such as: the
need for "confirmation through an erosion hazard assessment that the proposed trash storage unit area
is not within an erosion hazard area of the Coldwater River tributary" and storm water management
facilities need to be designed for enhanced quality control ensuring quality and quantity is
demonstrated prior to discharge to the online pond. Also to be noted is that in a planning context, the
NVCA believes the pond and watercourse should remain in an environmental designation /zone, which
brings me back to my first point of objection: lands already designated EP (Environmentally Protected)
should remain Environmentally Protected. This makes it clear that there are many potential threats to
these lands based on all of the concerns arising from this extensive and invasive proposed development.
Y Species at Risk: It is my belief that the subject lands (may) contain the potential for the significant
habitat of endangered and threatened species. The general area is known to contain Blanding's Turtle
(threatened), Massasauga Rattle Snake (threatened) and Eastern Meadowlark (threatened). The Easter
Meadowlark has been observed on this very property by at least one previous EIS. If the Township and
the County do not know for certain that the significant habitat of endangered and threatened species is
absent from the subject property, and since there is the potential that the proposed development could
impact significant habitat of endangered and threatened species (if present), I feel that it would be in
the best interest of the County, the Township, and surrounding residents to require that the applicant
conduct species at risk surveys /studies (at the appropriate time of year by a qualified individual using
protocols approved by the Ministry of Natural Resources) on the subject property. The County and the
Township should not approve this proposal until these studies confirm the absence of significant habitat
of endangered and threatened species or propose adequate mitigation measures to ensure no negative
impacts on significant habitat of endangered and threatened species. This is the only way that both
approval authorities can guarantee that they are acting in compliance with the Endangered Species Act
and the Planning Act (Provincial Policy Statement). I also request that any surveys be peer reviewed by
the Ministry of Natural Resources for accuracy as the MNR is the only provincial ministry with the
appropriate species at risk technical expertise.
® Significant Wildlife Habitat: Likewise, it is my concern that the subject lands may contain the
potential for Significant Wildlife Habitat. The general area is known to contain the following Special
Concern species (under the Endangered Species Act) whose habitat would be considered Significant
Wildlife Habitat under the Planning Act: Yellow Rail, Northern Map Turtle, Common Five -lined Skink and
Milk Snake. If the Township and the County do not know for certain that Significant Wildlife Habitat is
absent from the subject property, and since there is clearly the potential that the proposed
development could impact Significant Wildlife Habitat (if present), I feel that it would be sound planning
to require that the applicant conduct Significant Wildlife Habitat surveys /studies (utilizing the criteria
found within the Ministry of Natural Resources Significant Wildlife Habitat Technical Guide under the
Provincial Policy Statement) on the subject property. Since it is the role of the municipal approval
authority to identify and map Significant Wildlife Habitat, the Township and the County should not
approve this proposal until the appropriate studies have been conducted and reviewed and both the
Township and the County can confirm the presence or absence of Significant Wildlife Habitat on the
subject lands. This is the only way that both approval authorities can guarantee that they are acting in
compliance with the Planning Act (Provincial Policy Statement). For those studies targeted specially at
the four Special Concern species noted above, I request that their studies (along with their
methodologies and conclusions) be peer reviewed by the Ministry of Natural Resources as the MNR is
the only provincial ministry with the appropriate species at risk technical expertise.
o Fisheries and Fish Habitat: I am concerned that this proposal will negatively impact fish and fish
habitat found in the two permanent, Coldwater tributaries on the subject property that flow into the
Coldwater River. Likewise, I am concerned that this proposal will impact fish and fish habitat found
within the Coldwater River as both of these tributaries drain into the River. The Ministry of Natural
Resources database indicates the Coldwater River supports a variety of coldwater, sensitive fish
populations including brown trout, brook trout, rainbow trout, Chinook salmon, largemouth bass and
white sucker.
This application should be reviewed by Fisheries and Oceans Canada (DFO) to determine if the proposal
will incur a HADD (Harmful Alteration, Disruption, Destruction) on fish and fish habitat within the
tributaries and the Coldwater River at this location. Or, if the local Conservation Authority has a Level 1,
2, or 3 agreement with DFO to review proposed projects under section 35 of the Fisheries Act, the local
Conservation Authority should conduct a review of the project to indentify any impacts to fish and fish
habitat.
a Environmental Protection Re- designation: In general, I do not agree that the Environmental
Protection (EP) designation located along the northernmost tributary and online pond should be re-
designated to Commercial. The Nottawasaga Valley Conservation Authority also believes that the area
to be re- designated /rezoned should be limited to that of the commercial development and that the
online pond and watercourses, along with the buffer required to protect them, should remain in an
environmental designation /zone.
• From the map included with the Notice of Public meeting, it appears that the EP designation was
drawn to follow the contour of the floodplain, however, it is not clear how wide the EP zone is in this
location. The Nottawasaga Valley Conservation Authority refers to a 30m setback of the development
from the online pond and tributary which is currently "manicured lawn ". It should be a stipulation of
approval (if approved) that the current EP buffer surrounding the online pond and tributary remain
under EP designation and that a minimum 30m natural vegetated cover be established adjacent to the
online pond and tributary (fish habitat) as per the Natural Heritage Reference Manual for Natural
Heritage Policies of the Provincial Policy Statement, 2005 (2010). However, the Reference Manual also
states that a planning authority may consider the need for greater distances for natural cover and, due
to the sensitivity of the Coldwater River at this location, I believe a distance greater than 30m should be
instituted if this proposal is approved.
Also, please see attached addendum titled "Deficiencies in Environmental Impact Statement" as
prepared by Beacon Environmental and be advised that this forms part of my letter of opposition.
I am requesting that I receive written confirmation of receipt of this letter and I wish to be notified of
the decision of the Township of Oro - Medonte in respect to the proposed Official Plan and Zoning By -law
Amendments in writing as well.
Regards,
Danielle Berube
53 Mount Saint Louis Road West
RR #4 Coldwater, ON
LOK 1E0
c.c. Harry Hughes, Mayor
c.c. Ralph Hough, Deputy Mayor
c.c. Mel Coutanche, Ward 1 Counsellor
c.c. The Hon. Garfield Dunlop, MPP Simcoe North
c.c. Andria Leigh, Director of Development Services, Planning Department, Township of Oro - Medonte
c.c. Council, Township of Oro - Medonte
c.c. J. Douglas Irwin, Clerk, Township of Oro - Medonte
Deficiencies in Environmental Impact Statement: February 14, 2012
The deficiencies in the EIS prepared by Beacon Environmental, November 2011, are cause for my
concern in that the EIS does not meet the conditions of the PPS (Provincial Policy Statement). The
County and the Township should not consider this proposal until all of the concerns (see below) are met.
Section 2 — Policy Framework
2.1 Provincial Policy Statement (page 1)
- EIS states that significant wetlands can be designated either by the Ministry of Natural Resources
and /or the municipality when in fact, only the MNR can designate significant wetlands. The MNR
evaluates wetlands or reviews evaluations done by individuals trained by the MNR in OWES (Ontario
Wetland Evaluation System).
- The identification of ANISs (Areas of Natural and Scientific Interest) is the responsibility of the MNR not
the municipality or other planning authority. Municipalities or approval authorities must then identify
ANISs appropriately in their Official Plan and Official Plan schedules.
- The pond contains fish habitat regardless of its origins (natural or manmade) and must be treated as
such.
Section 3 - Methodolo
3.1 Background Review (page 4)
- Indicates that MNR was contacted to gather information about the natural and physical setting of the
subject property at the outset of the project. Was the MNR (Midhurst office) also contacted for natural
heritage features information including SAR (Species At Risk) occurrences? The author should acquire a
list of known and potential natural heritage features from the Midhurst office including a list of SAR that
are known to exist in the immediate and general areas so that surveys specific to these species can be
conducted to determine whether or not the significant habitat of endangered and threatened species is
present on the property.
3.2 Field Investigations (page 5)
- Under Fish Habitat Assessment, the report states that a fish habitat assessment was conducted in the
watercourse located to the south of the proposed development area. This section does not indicate if a
fish habitat assessment was conducted in the pond associated with this watercourse. If an assessment
of the pond did not occur, the Townships should request that an assessment occur during the upcoming
field season.
- Under Other Wildlife, the report states that other incidental observations of wildlife species, including
mammals were made during field investigations. It does not indicate if SAR specific surveys were
completed. The applicant should acquire a list of SAR species known to exist in the immediate and
general areas of the property from MNR so that surveys specific to these species can be conducted to
1
determine whether or not the significant habitat of endangered and threatened species is present on
the property.
- Significant Woodlands are not included as a natural heritage feature when it is clear that the proposed
development is located within 120m of significant woodlands.
- Significant Wildlife Habitat is not mentioned. Significant Wildlife Habitat (includes the habitat of
Special Concern species under the Endangered Species Act) on the property and adjacent lands must be
assessed by the applicant according to the Significant Wildlife Habitat Technical Guide under the PPS. As
such, any Special Concern species identified by the MNR must be surveyed for using MNR approved
survey methodology. The County and the Township should not approve this proposal until it is
confirmed through adequate studies that significant wildlife habitat is absent from the property or that
it will not be negatively impacted by the proposal.
Section 4 - Existing Natural Heritage Conditions
4.1 Fish Habitat
- Figure 2 identifies turtle nesting, but the report does not indicate what species of turtle would be
nesting here. All turtles in Ontario are at risk except for the Painted Turtle. Therefore, it is likely that
the property can be considered the significant habitat of endangered and threatened species or
significant wildlife habitat (e.g. Snapping Turtle — Special Concern). The County and the Township need
to investigate this further or request additional information from the applicant in order to make
informed decisions.
- The report indicates that the property (including the area of the proposal) is CUM1- 1(Cultural
Meadow). This is the preferred habitat of Bobolink. Therefore, there is a very high potential that the
property contains the significant habitat of endangered and threatened species. The County and the
Township need to investigate this further or request additional information (Bobolink specific surveys)
from the applicant in order to make informed decisions. The County and the Township should ensure
that the applicant discusses this situation with the MNR according the requirements of the Endangered
Species Act.
- Page 8: This section does not include a list of fish species to exist on the property. An assessment of
fish habitat cannot occur until the appropriate studies are conducted to determine what fish species are
occupying the fish habitat on the property. The County and the Township should recommend additional
studies (e.g. electro fishing, netting, etc.) before being able to determine potential negative impacts.
4.2 Vegetation (page 9)
- The report indicates that Common Milkweed is located in the CUM1- 1(proposed development area).
It is well known that the Common Milkweed is the only food for Monarch Butterflies (Special Concern
species under the Endangered Species Act). This makes the CUM1 -1 areas Significant Wildlife Habitat,
but does not acknowledge this. The County and Township should ensure that this area is recognized as
Significant Wildlife Habitat and that the proposal will not negatively impact it.
2
4.3 Breeding Birds (page 19)
- The report indicates that Eastern Meadowlark was identified on the property. On January 14, 2012 this
bird was given a Threatened status by the MNR. Therefore, a permit from the MNR is likely required
and the County and the Township should ensure that the MNR is contacted in this regard. If the
proposed development is shown to be within the significant habitat of endangered and threatened
species, the proposal must be denied under the PPS (Provincial Policy Statement, Section 2.1.3).
4.5 Other Wildlife and wildlife Habitat
- The list of wildlife does not include Wild Turkeys, which have been observed on the property by
neighbouring residents. The Wild Turkey was previously extirpated from the area and is now being
restored to the area by the MNR under the Ontario Government's Biodiversity Strategy.
4.5.2 Wildlife Habitat
- This section indicates that there is a probable turtle nesting area on the pond, which would make this
area (pond and shorelines) significant wildlife habitat under the Significant Wildlife Habitat Technical
Guide under the PPS. Therefore, this natural heritage feature (significant wildlife habitat) needs to be
identified and the impacts of the proposed development on this habitat need to be assessed.
Section 6 - Impact Assessment
- Under 'Potential Impacts' the report states: "direct loss of vegetation within the cultural meadow ". It
should be recognized by the County and the Township that this entails the direct loss of the significant
habitat of endangered and threatened species (e.g. Eastern Meadowlark) as well as the direct loss of
habitat for, white tailed deer, wild turkey etc.
- Under 'Potential Impacts' the report also states: "indirect impacts to pond and watercourse ". The
County and the Township should request clarification on the term "indirect ". The report is essentially
indicating that there will be negative impacts of fish and fish habitat which the Township and the County
must ensure are properly mitigated.
- This section indicates that there will likely be noise and light effects, which will impact the lands
designated Environmental Protection as well as negatively impact the rural quality of living of
neighbouring residents.
- This section does not list other potential impacts that exist (and that the County and the Township
should be aware of) such as: direct loss of potential significant wildlife habitat direct loss of potential
significant habitat of endangered and threatened species potential negative impacts to fish and fish
habitat (water quality, water quantity, feeding, spawning, etc.) and potential negative impacts to the
significant woodlands on the property (e.g. edge effects, ground water recharge, etc.).
- In reference to the 'Buffer to Pond and Watercourse' section, it indicates that the proposed
development is to be 30 meters from bank. This section then indicates that parking spaces and recycling
3
and waste facilities will be located within the 30 meter buffer at distances that will be "more than
adequate buffer to the watercourse and pond area ". This comment makes an unsupported conclusion.
How is a distance less than 30m adequate? Where is the scientific rationale to support this statement?
The recommended 30m naturally vegetated buffer can be found in the Natural Heritage Reference
Manual under the PPS. This is the best available guidance from the Province that the County and the
Township should adhere to.
-This section states that there will be exceptions to 30m distance from the water allowing pedestrians
and pets into the buffer including access to the shoreline. Again, incursions into the 30m buffer
currently designated, Environmental Protection, should not be permitted as per the Natural Heritage
Reference Manual.
- In reference to "Buffer to the Significant Woodland Feature ", it is stated that "Intrusion into the
woodland by pedestrians and pets is not expected ". The County and the Township need to ensure that
intrusion into the woodland not be permitted at any time and that this be enforced. Any activity by
pedestrians and their pets will negatively impact the significant woodland through soil compaction,
introduction of pet waste, introduction of human litter, etc.).
-No rationale or scientific evidence is provided to indicate that the "proposed development will not
impact the woodland as development is not proposed approximately 16.3m from the woodland ". This
overarching statement is not supported by any kind of assessment of potential negative impacts of the
proposal on the significant woodland (e.g. edge effects, storm water runoff diversion, etc.). The County
and the Township must ensure this rationale is adequately provided before being able to make an
informed decision regarding negative impacts on the significant woodland.
Section 7 - Proposed Mitigation
- This section does not mention how the developer plans to deal with storm water runoff containing salt,
sand and chemicals from the property and parking lot. No runoff should be allowed to enter into the
tributaries or the Coldwater River. There is no mention in this section of fish or fish habitat and how
they may be negatively impacted. The County and the Township need to acquire this information
before proceeding.
- Figure 3 shows the approx 30 meter minimum buffer, which is recognized as EP (Environmentally
Protected) by the Township. Again, this 30m buffer is currently recognized by the Township and the
County as being an integral part of local biodiversity and natural heritage systems and it should be
ensured that the proposal will not encroach into this area that is so highly valued by the Count, the
Township and the local residents.
Section 8 - Policy Conformitv
8.1 Provincial Policy
This section states "This study has identified that the natural heritage features that occur on and
adjacent to the proposed development on the subject property, that are provincially significant or
4
specifically identified by the planning authorities (Le, significant woodlands, fish habitat) will be
maintained and protected. The proposed plan is therefore in conformity with respect to natural
heritage features identified in the PPS ". I would disagree with these conclusions based on the fact that
this report does not provide enough information to make this conclusion. The EIS fails to properly
investigate fish and fish habitat and significant woodlands and is entirely lacking in the investigation of
significant wildlife habitat and the significant habitat of endangered and threatened species.
recommend that this EIS be peer reviewed by the MNR and that the County and /or the Township
approach the MNR with this proposal. The MNR is the only provincial agency with the technical
expertise to review and comment on species at risk habitat and information. MNR staff are also highly
skilled in the review of significant woodlands and significant wildlife habitat.
8.2 Simcoe Region Official Plan
This section indicates "an adequate setback "...at its closest point, the development will be
approximately 16.3m from the feature ". I feel that these statements are unsupported by adequate
scientific investigation.
8.3 Township of Oro - Medonte Official Plan
- This section states that "Proposed development within 50m of a significant woodland that requires an
amendment to the Zoning By -law or to the Official Plan shall be subject to the findings of an EIS." This
statement doesn't reflect the Provincial Policy Statement (120m of a significant woodland).
- This section states that "A minor variance from the Township of Oro - Medonte will be required for the
small recycling and waste structure which will be located approximately 16m from the top -of -bank and a
storage railcar that will be located southwest of the main development which will be 21.9m from
setback ". Again, the County and the Township should not be approving any application that proposes
development and site alteration within and Environmental Protection area.
8.4 Nottawasaga Valley Conservation Authority Policies and Regulations
- This section says the applicant will be compliant with NVCA's regulations, some of which still need to
be discussed. However, this section doesn't mention the role of the NVCA in assessing impacts to fish
and fish habitat in agreement with Fisheries and Oceans Canada.
Note: None of the photos included in the EIS show the landscape after site alterations were made by
the applicant before approvals under the Planning Act (excavation, deforestation, grading, etc.). It
should also be noted that the aforementioned site alterations caused severe siltation and sedimentation
to occur in the pond and be transferred downstream into the Coldwater River.
Note: The storm water management plan will need to be properly assessed by a qualified individual(s)
before it can be concluded that there will be no negative impacts on fish and fish habitat.
Danielle Berube
53 Mount Saint Louis Road W. RR #4, Coldwater, Ontario, LOK 1E0
a
From: Ed Balko
Sent: February 16, 2012 1:47 PM
To: Coutanche, Mel
Subject: Re: Crestwood Park Holdings
We live in Oro - medonte township in close proximity to a proposed zoning change application. This is in
reference to 2011- OPA -02 and 2011- ZBA -09. We just want you to acknowledge our
Displeasure with these proposed changes to the Zoning in the area. My wife and I and our children will
be attending the Public meeting to voice our concerns about this project.
We just want you to be aware as tax payers and voters where we stand on this proposed amendment.
Please feel free to Contact us any time. We live at 4225 line 6, R.R.4 Coldwater.
Ed and Trudy Balko
Doug Irwin
Director Corporate Services /Clerk
Township of Oro - Medonte
From: Garry Kumpula
Sent: Thursday, February 16, 2012 8:07 AM
To: Irwin, Doug; White, Glenn; Coutanche, Mel; Dunn, Robin; . Council
Subject: Twp.0- M.2011- OPA -02 (Webers Burger Outlet)
Gentleman,
We acknowledge receipt of the mailed public notice for the above and would be very much interested at
perusing all the further information on file for this application.
For example, but not limited to, studies addressing traffic, geology, ground and surface waters,
environment etc..
According to the notification, these are available at the Twp. offices during the regular business hours.
We plan to be there this morning later on. Having to make a specific trip from the north end of the Twp.,
any hard copies of reports (or summaries), detailed site plans etc.. to distribute to the neighbours would
be appreciated.
Also, at this time we ask to be put on the mailing list of this case for further developments and
staff report following the upcoming public meeting.
Need less to say, we are STRONLY OPPOSED to this develpoment.
Regards,
Garry and Ethel Kumpula
# 57 Mt.St. Louis Rd. West
From: Ward Sullivan! -\
Sent: Monday, February 13, 2012 12:06 PM
To: mel- coutanche(s oro- medonte ca; hhughesCabsympatico.ca
Cc:. Council; Irwin, Doug; Leigh, Andria
Subject: Re: proposed amendment to zoning : Crestwood Park Holdings 99 Mount St Louis Rd E
Ward 1 Councilor, Mayor and management:
Thank you for advising me of the meeting regarding the proposed amendments to the Official Plan and
Zoning By -law, specifically
99 Mount St. Louis Rd East. I will be attending on Feb 22nd.
I recently relocated my family to the area, and with my in -laws purchased two homes (33, and 41 Mount
St Louis Rd West)
We love the idyllic country setting where we are raising our children in a quiet community with great air,
and wonderful views including the star filled night sky. (something they could not see in the city due to
light pollution). We absolutely love it here. The view of my back deck is of farmland, hills and
trees. My "current" view that is. The proposal to change my view to that of a hamburgerjoint parking
lot is alarming to say the least. A homeowner nightmare in every sense.
It has come to our attention that a proposal has been made to amend, re- designate and rezone the
Agricultural /rural property mentioned above to facilitate restaurant use, specifically Webers
Hamburgers.
We are shocked and appalled that this could even be considered. Clearly we are absolutely against
it. One only needs to drive up highway 11 near the current Webers to see what a mess this area can
become if such a rezoning is allowed to proceed.
I have the following concerns with this.
1. Pollution: Noise pollution from increased traffic, people, music.
2. Pollution: From the seagulls it will attract.
3. Pollution: From the occasional customers who toss garbage, cigarette butts and food; out the
window of their car.
4. Pollution: From the restaurant itself when garbage cans blow over and wind takes garbage on a
spread.
5. Pollution: Light pollution from the site that prevents us from enjoying the night sky anymore.
6. Pollution: From the proposed heavy toilet facility usage as illustrated in the proposed scheme. This
may impact the currently Environmentally Protected areas and may end up polluting the adjacent and
downstream waterways. Not to mention the smell that is not here today.
7. The Smell: from constantly cooking meat, to grease and grease storage, and of course to rotting
garbage on hot days.
8. Traffic: Increased traffic along Mount St. Louis Rd will impact the current residents.
9. Traffic: Increased traffic on the exit from 400 will have problems as this overpass is not designed for
that constant access and egress from the 400 North, and particularly Southbound.
10. Accidents: Years ago when Webers opened up on Hwyll vehicles stopped on the other side of the
highway and pedestrians crossed. Danger and accidents caused the facilitation of an pedestrian
overpass. Clearly this is not a good idea to have on this country setting. (This is even mentioned on
the Webers own website in the history section)
11. Signage: No doubt as per Webers other location there will be ugly neon or backlit signs on the
property, as well as signs added to surrounding roads directing traffic to this location. Again
changing the beautiful country setting.
12. Destruction: Total destruction of a beautiful country setting with trees, pond, streams, wildlife to put
in an ugly hamburger joint with a massive parking lot.
13. Destruction: The ruining of AG /RU land that could be put to better use under it's current zoning.
14. Destruction: Some of the planned build -out includes encroachment on environmental protected ands
and buffer zones.
Additionally; I am absolutely opposed to this on so many levels. It is a completely unnecessary use for
the area. No good will come from it. This property should retain its current use and character of the
Township of Oro, and Oro should maintain its current mandate for preservation not commercialization of
this area. I worry that any approval of this sort will result in more applications coming with the
statement that this change will be precedent for more change on neighboring properties up and down
Mount St Louis Rd and the 400 Highway. I short we will end up with ugly commercial sprawl in an area
that should remain beautiful and untouched by this kind of development.
This is completely unnecessary in that commercial rest stops, restaurants, gas stations and the like,
already exist at numerous interchanges near this one. Those other interchanges are better designed for
traffic with proper cloverleaf's and long ramps. Specifically Barrie, Hwy 93, Waubaushene, Coldwater,
Port Severn etc. Those areas are already zoned commercial and should be where this proposed blight
on nature could be better located.
As far as I can tell from the talk on the street, No one in the area wants this other than the purchaser of
the property. No one wakes up here each morning thinking: wow, I wish their was a big hamburger
stand around the corner. At best it brings in some revenue to the local coffers, but that could still be
accomplished at a better location already zoned for such.
At worst, we create another site for our ever growing ( girth) population to consume convenient fast
food that is unhealthy, full of fat, salt, sugar and calories, and is proven to lead to heart disease, cancers,
and type 2 diabetes in children and adults.
It concerns me that since purchasing the site, the owner has removed trees, pulled up stumps, installed
drainage tiles along the field ( to prepare for parking lot ?) had regular bonfires of brush and trees, and
more. This leads to the conclusion that either the new owner is one eager- beaver doing work for what
he hopes will be a successful application. Or worse, that this deal was basically done in the backrooms
of this township long before we ever saw the FOR SALE sign go up and the SOLD sign go up with it before
it ever hit the market. I hope that is not the case and my faith in the ethics of the township remains
intact.
Thank you for reading this, and please keep me informed of meetings and progress on this topic.
Respectfully
Ward Sullivan
33 Mount St. Louis Rd W. Coldwater ON LOK 1E0
4� ,ko s ..Ra C7 �� U ""D i &,,)
Lei h, Andria
From: Lstarfiti
Sent: Monday, February 13, 2012 10:44 AM
To: Leigh, Andria
Subject: re- zoning of property from rural to commercial @ Mt. St. Louis rd and the 400
Contact: Andria Leigh
Hi Andria - -I'm sending you this email to voice my objection to the proposed re- zoning of this above property,
also known as the Fowler property. We are currently away and will not be able to attend the meeting on Feb
22 /12.Many questions have to be asked - -I believe the current "official plan" does not provide for the re- zoning
of this property and that the official plan would have to change to make it so. I have issues with increased noise
in the area, increased traffic, increased garbage thrown about which is already an issue, the decrease of the
value of our property and the decrease of the quality of life as we have known it, we have lived in oro twp for
35 yrs. I don't believe having a restaurant that sells burgers would help to enhance the dynamics of this beautiful
area. Plus the fact the area as you know is all res idential,rural, and agriculture to re -zone this particular property
to commercial in my opinion would certainly not cause a positive outcome. I am adamant that this does not take
place. Thank you for listening to me -I would definitely like to hear the feedback from -- the meeting on the 22nd
of Feb -- thank- you - -Steve and Lynn thomson
Name: @ @ Name
E -mail Address:._
Phone Number:
Leigh, Andria
C,
From:
Polus, Asia (MTO) <Asia. Polus @ontario.ca>
Sent:
Thursday, February 09, 2012 10:40 AM
To:
Leigh, Andria
Cc:
White, Glenn
Subject:
FW: 2011- OPA -02 and 2011 - ZBA -09
RE: Notice of Public Meeting for proposed Amendment to the:
Official Plan and Zoning by -Low of the
Township of Oro - Medonte
(Crestwood Park Holdings Inc.)
Hi Andria,
Thank you for the notification of the Public Meeting regarding the above noted subject, please accept this e -mail as a
confirmation that our previous comments dated December 12, 2011 are still applicable.
Best regards
W. Asia Polus
Corridor Management Technician
Ministry of Transportation
Engineering Office, Central Region
Corridor Management Section
7th Floor, Building "D"
1201 Wilson Avenue
Downsview, Ont M3M 1J8
Tel. 416 - 235 -3991
Fax 416 - 235 -4267
From: Polus, Asia (MTO)
Sent: December 12, 2011 1:41 PM
To: White, Glenn
Cc: Hendrix, Janice (MTO); Jeganathan, Ayvun (MTO)
Subject: 2011- OPA -02 and 2011 - ZBA -09
RE: Crestwood Park Holdings Inc.
Construction a Weber's Restaurant
Official Plan Amendment and Zoning By -law Amendment
2011- OPA -02 and 2011- ZBA -09
Glenn,
We have had an opportunity to review the above -noted amendment and have no objection to it. Currently the ministry is in
the process of reviewing the site plan submission and all the associated documentation (Site Plan, TIS, and SWMR) for
the construction of the Weber's Restaurant for which comments will be sent under separate cover. No direct access to the
Hwy 400 will be permitted now or in the future. When the review is completed and approval of the proposed development
is issued one of the conditions will be the required improvements to the intersection at both East and West Ramps and
Mount St. Louis Road for which proponent will be financially responsible. That might include ramps terminal improvements
(such as resurfacing and re- application of pavement marking) and /or right turn lane at the intersection and other
necessary improvements associated with the development. Further details comments regarding site plan submission will
be provided soon.
The site is located within the ministry's permit control area and therefore an MTO Building and Land Use Permit is
required prior to the start of construction. In addition, an encroachment permit will be required for all works on the
highway right -of -way.
I trust this is sufficient in the interim. If you require any further information, please do not hesitate to contact Janice
Hendrix, the Permit Officer for this area and she can be reached at (416) 235 -5382 or me.
Sincerely
W. Asia Polus
Corridor Management Technician
Ministry of Transportation
Engineering Office, Central Region
Corridor Management Section
7th Floor, Building "D"
1201 Wilson Avenue
Downsview, Ont M3M U8
Tel. 416 - 235 -3991
Fax 416 - 235 -4267
Cc: Leigh, Andria; Kate Northcott; Dave Featherstone; young.rya @bellnet.ca; 'Kristine Loft'
Subject: Proposed Weber's restaurant
Hi Glenn.
The NVCA has reviewed the material provided in support of a proposed Weber's Restaurant location at the southeast
junction of Hwy 400 and Mount St. Louis Road. We offer the following comments for consideration.
Environmental Impact Statement
Field work in support of the EIS /proposed development is generally satisfactory. Only one amphibian breeding survey
was undertaken — three surveys (early, mid and late spring) are generally required as part of the Marsh Monitoring
Protocol; however, given the site context and proposed development footprint, the EIS provides sufficient information to
proceed in the absence of the full surveys. The FOM2 -2 (dry -fresh white pine -sugar maple forest) may not be as
extensive as depicted on Figure 2 ELC mapping (i.e. orthophotos suggest that the community changes as it approaches
Coldwater River and associated bottomlands); however, this is not significant in the context of this proposal.
Eastern Meadowlark (two pairs) were observed north of the pond in the vicinity of the proposed development. As noted in
the EIS, the status of this species has recently been elevated to "Threatened" and a permit from MNR may be required
(under the Endangered Species Act) for any work within the proposed development footprint. This is an issue to be
resolved via MNR.
Though not mentioned in the EIS, the property is part of the extensive Copeland deer yard. Stratum 1 (core yard) habitat
appears to be associated with large blocks of mixed /conifer forest along Coldwater River and bottomlands while Stratum 2
(less sensitive early winter /feeding) habitat is associated with fields and narrow forest lobes on the property. The
proposed development will not significantly impact the Copeland deer yard or corridors leading to the yard.
The proposed development envelope is set back (on average) approximately 30m from the pond, watercourse and
wetland. Proposed mitigation in the EIS is generally satisfactory. Existing habitat in the buffer between the proposed
development and pond /watercourse /wetland consists of manicured lawn — there are significant opportunities here to re-
naturalize the buffer to improve habitat conditions within /adjacent to the regulated features. We understand that picnic
areas may be proposed in this area. The EIS has suggested that a naturalized buffer should be established along the
edge of the pond and watercourse. The NVCA supports this approach and request that more information be provided on
this — possibly a 5 m wide section along the edge of the parking area in conjunction with a re- naturalization plan
elsewhere. Pond viewing platforms may direct pedestrian access to certain areas to avoid the trampling of vegetation
along the entire shoreline. We recommend further discussion on this issue. There also needs to be further discussion on
Stormwater Management. Stormwater runoff from large gravel parking lots can potentially introduce a lot of
sediment /turbidity into the system.
Stormwater Manaaement
The NVCA has reviewed the information presented in Dearden and Stanton Limited's "Grading and Storm Drainage
Review, Proposed Webers Restaurant, 99 Mount St. Louis Road East, Part of Lot 10, Concession 7, Township of
Medonte, Now in the Township of Ora - Medonte, County of Simcoe" dated November 2011. Including engineering
drawings [E- 2079LG, E -2079] signed and stamped November 9, 2011.
Review of this submission was based on requirements and guidelines set out in the MOE's 2003 "Stormwater
Management Planning and Design Manual," the MNR Natural Hazards Technical Guidelines, and current NVCA
guidelines available on our website, www.nvca.on.ca.
NVCA staff notes that the following criteria will be applied to this development with respect to the stormwater
management:
• Post development to pre development quantity control for the 2 to 100 year events, both Chicago and SCS for the
entire property prior to discharge from the property.
• Enhanced water quality for all runoff from the site.
• Safe conveyance of the Regulatory Storm through the site to a sufficient outlet.
NVCA staff noted the following outstanding issues with this most recent submission:
1. All development must be located outside of the natural hazards. The NVCA is generally satisfied that the
development is outside of the floodplain of the Coldwater River tributaries and the on -line pond. We do however
request confirmation through an erosion hazard assessment that the proposed trash storage unit area is not
within an erosion hazard area of the Coldwater River tributary (downstream of the pond).
2. As per NVCA guidelines, stormwater management facilities need to be designed for enhanced quality control
based on MOE guidelines and quantity control based on matching post to pre development runoff rates for the 4
hour Chicago and 24 hour SCS storm events. Modelling should be provided for the 2, 5, 10, 25, 50 and 100 year
events as well as the Timmins Regional Storm.
3. As per MOE guidelines all stormwater management facilities should be located outside of the floodplain and
online stormwater management facilities are not permitted. Stormwater management (quality and quantity) prior
to discharge to the online pond needs to be demonstrated.
4. As per NVCA guidelines all gravel surfaces are assumed to be asphalt in the design of the stormwater
management facilities.
Planning Context
It is our understanding that this proposal requires an Official Plan Amendment and Zoning By -law Amendment. The EIS
has provided discussion /recommendations on buffers required to protect the pond /watercourse. It is our belief that the
area to be redesignated /rezoned should be limited to that of the commercial development and the pond and watercourses
along with the buffer required to protect them should remain in an environmental designation /zone.
Ontario Regulation 172/06
A part of this proposed development is within an area affected by Ontario Regulation 172/06 whereby a permit is required
under the Conservation Authorities Act prior to development. It is standard procedure to ensure all planning approvals are
in place prior to the issuance of a permit. We understand a force main will be installed and directional boring under
watercourses will be required. The NVCA will require further details on this part of the proposal for conformity with the
Conservation Authorities Act and the Federal Fisheries Act.
We note that these comments are related to this submission and the information provided within this submission. NVCA
requires additional information in order to complete our review and additional comments may be provided in the future.
Trusting this is of assistance.
Tim Salkeld
Resource Planner
Nottawasaga Valley Conservation Authority
8195 '8th Line
Utopia, ON
LOM 1T0
(705) 424 -1479 ext 233
(705) 424 -2115
tsalkeld @nvca.on.ca
`a
From: Robert King
Sent: Wednesday, February 22, 2012 2:57 PM
To: White, Glenn
Cc: Leigh, Andria; Irwin, Doug; Coutanche, Mel; Hughes, Harry
Subject: Weber's proposal
I am writing this letter to voice my concerns regarding the development of #99 Mt. St, Louis
road east. I am the owner of the ten acre lot directly adjacent to the north -east side of the
proposed site. A commercial development of this type will have a huge impact on the
environment and the wildlife that thrive in this area. I am also concerned that the presence of
a " Weber's Hamburger restaurant" would greatly depreciate my property value and the other
residential properties in the surrounding area. I have invested hundreds of thousands of dollars
in my lot including the building of my workshop, installation of my driveway allowance, (both
fully permitted and inspected by the Township and under the approval of the NVCA). I have
also invested a great deal of money in the plans for a custom home on my land. I visit the
property regularly and have therefore observed my new neighbor, (Thomas Rennie, owner of
Webers), as he has prepared his land for his intended use. His blatant disregard for rules
regulation and above all the environment during the past few months has upset me greatly as I
am an angler and a conservationist. Mr. Rennie and his work crews removed dozens if not
hundreds of mature trees around the lot and in particular along the bank of the pond and
tributaries on his lot. He promptly hired an excavator to remove the stumps and roots of these
trees so there would be no evidence of their removal. The machine then sloped and graded the
bank, the next time we had signifigant rainfall the river was completely clouded with sediment
for more than 48 hours, it was disgusting. He also removed hundreds of feet of the MTO
fencing along HWY 400. 1 contacted the Downsview head office of the MTO regarding this
fence removal and spoke to district manager, Janice Hendrix. She stated that the MTO had no
idea that the fence had been removed and that there had been no submission of a request for
permission to do so. This is another example of Mr. Rennie's willingness to do as he pleases
without regard for rules and regulations or wildlife as the fences primary function is preventing
animals from running on to the highway.
I currently spend the first few minutes of my weekly visits to my land gathering the garbage
that accumulates along my frontage. It usually ads up to about a half garbage bag full and
consists of Wendy's, MacDonalds and Tim Hortons wrappers, containers and cups. The closest
one of these types of commercial businesses is 22km's away. This is a signifigant impact
considering their proximity to my land. I wonder what the extent of allowing such a
development next door will be to our lands and our section of the beautiful Coldwater River
system.
Robert King, President
Active Insurance Services Canada
Barrie, ON L4M 4Y6
Re: Proposal for Weber's Restaurant at Hwy 400 and Mt St Louis Rd
To: Doug Irwin
There is a proposal before the Oro Medonte Council to build a Weber's restaurant
at the corner of Hwy 400 and Mount St Louis Rd. We
We believe the speed limit on Mount Saint Louis Road near the 400 highway
Is 80 kilometers/hour. Many cars travel at over 100 K/H at this intersection.
Travelling in an easterly direction at I OOK/H there is no time to stop to avoid
crashing into a vehicle at this proposed Weber's entrance. Travelling over the
400 highway bridge it is not possible to stop or avoid an accident and injury,
if there a vehicle stopped on the road.
I know that the Canada Post Office would not allow the previous owner to
keep her mail box at her driveway even if it was moved off the road by 8 feet.
Canada Post New it was a dangerous driveway for mail delivery. Talk to Robert Ego, he
was involved with this decision. They made her move her box %2 a kilometer down the
road.
I believe that installing traffic lights would lessen the chances of a collision.
This business entrance will still be a planned trap for collisions.
I don't know about the present Weber's on highway #11 and accidents and
injuries at this entrance, but I do suggest you get the statistics. Publish these
statistics so we know what to expect.
Allowing an accident trap to be built on the bridge ramp could not be legal.
Dwight Holm
164 Mount St Louis Rd E
RR4 Coldwater Ont
LOK1E0
Phone 705 835 3397
Township of Oro - Medonte
148 Line 7 South
P.0 Box 100,Oro, Ontario LOL 2X0
Attention: Douglas Irwin, Clerk
To Whom It May Concern:
As a citizen of Oro- Medonte for the past 16 years, residing on the 8th Line North, I
wish to convey my thoughts to the proposed amendments to the Zoning By -law and
Official Plan relating to the redesignation and rezoning of the lands described as 99
Mount Saint Louis Rd. East.
Oro- Medonte (OM) is a rural community which prides itself on the realization that
preservation of the environment, controlling development so it doesn't change rural
character, and our natural resources and landscape are our greatest strengths. To
this end control over land uses via our specific zoning by -laws is very important to
all of us that reside in Oro - Medonte.
The lands in question are presently zoned agricultural /rural and environmentally
protected (EP). The proposed plan is to have some EP land rezoned to Commercial
for the purposes of a restaurant. EP land is designated that way for a reason and no
amount of economic pressure should trump ecology. The proposed development is
situated very close to a main watercourse that meanders through our community
and the possibility of contamination is a real concern, through garbage being
deposited in the river and relatively high volumes of sewage flow from the proposed
sewage disposal system. Previous leaders were prudent in zoning this land as noted
above. Our present leaders should keep it that way.
The access and off ramps to Hwy 400 at Mount Saint Louis are not meant for high
volume traffic such as that expected from a proposed restaurant (witness the
volume of traffic on Hwy 11 at the associated restaurant). This traffic will create a
safety hazard for residents and visitors alike. Developments of this nature should be
relegated to population centres with infrastructure capable of handling the traffic
volume.
After reading the comments detailed on a questionnaire posted on the Official Oro -
Medonte website I realize that many of OM residents and members of Council have
similar views of our township as I, and have similar vision. Avoid environmental
degradation, don't succumb to economic pressures that deviate from the vision our
residents have, and keep the preservation of our rural culture a top priority.
Through this letter I want to express my sincere opposition to the proposed
rezoning of the subject property and hope that Council will look beyond the possible
minor economic benefit to our community and reject the application of Crestwood
Park Holdings Inc. for the better good of Oro - Medonte's rural nature.
As requested to do so please let this be confirmation that I wish to be kept informed
of any and all developments by The Township of Oro - Medonte pertaining to this
matter.
Thank you for the opportunity to express my concerns and I look forward to a
favourable outcome for the residents of Oro - Medonte.
Sincerel
Dave Bradshaw, P Eng
4740 Line 8 N, R.R. #4
Coldwater, ON
LOK 1E0
Oro - Medonte Resident