Loading...
2013-125 Amendment to the Official Plan - OPA 34THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -125 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte OPA No. 34 (Township of Oro - Medonte) WHEREAS The Corporation of the Township of Oro - Medonte is empowered to amend its Official Plan as required; AND WHEREAS Sections 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provide Council such authority to amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro - Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to all the lands within the Township of Oro - Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro - Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. That the attached explanatory text which constitute Amendment Number 34 to the Official Plan, is hereby adopted and; 2. That the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.34 to the Official Plan of the Township of Oro - Medonte; and 3. That this By -law shall come into effect upon the date of passage therefore subject to the provisions of the Planning Act R.S.O. 1990, c. P. 13, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 17TH DAY OF JULY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hugh las Irwin OFFICIAL PLAN AMENDMENT NO. 34 (Township of Oro - Medonte) TOWNSHIP OF ORO- MEDONTE AMENDMENT NO. 34 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO- MEDONTE The attached explanatory text constituting Amendment Number 34 to the Official Plan for the Township of Oro - Medonte was prepared and adopted by the Council of the Corporation of the Township of Oro- Medonte, by By -law Number 2013 -125 in accordance with the provisions of Section 17, 21 and 22 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended. MAYOR — H. S. Hughes CLERK — J. Douglas Irwin 2 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -125 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte OPA No. 34 (Township of Oro - Medonte) WHEREAS The Corporation of the Township of Oro - Medonte is empowered to Amend its Official Plan as required; AND WHEREAS Sections 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provide Council such authority to amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro - Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard all the lands within Township of Oro - Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro - Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: That the attached explanatory text, which constitute Amendment Number 34 to the Official Plan, is hereby adopted and; 2. That the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.34 to the Official Plan of the Township of Oro - Medonte; and 3. That this By -law shall come into effect upon the date of passage therefore subject to the provisions of the Planning Act R.S.O. 1990, c. P. 13, as amended. 3 BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 17TH DAY OF JULY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin 4 CERTIFICATION Certified that the above is a true copy of By -law No. 2013 -125 as enacted and passed by Council of the Corporation of the Township of Oro - Medonte on the 17th day of July, 2013. CLERK OFFICIAL PLAN AMENDMENT No. 34 TABLE OF CONTENTS CONSTITUTIONAL STATEMENT PART 1 —THE INTRODUCTION 1.1 TITLE 1.2 COMPONENTS 1.3 PURPOSE 1.4 LOCATION 1.5 BASIS OF THE AMENDMENT 1.5.1 Application 1.5.2 Proposal 1.5.3 Provincial Planning Policies and County of Simcoe Official Plan 1.5.4 Conclusions PART 2 — THE AMENDMENT 2.1 PREAMBLE 2.2 DETAILS OF THE AMENDMENT 2.3 IMPLEMENTATION 2.4 INTERPRETATION PART 3 — THE APPENDIX Appendix: Not Applicable THE CONSTITUTIONAL STATEMENT The following Amendment to the Official Plan for the Township of Oro - Medonte consists of three parts. PART I — The Preamble - consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. PART II — The Amendment - consisting of the following text, constitute Amendment No.34 to the Official Plan for the Township of Oro - Medonte. PART III - The Appendix - Not applicable 7 AMENDMENT No.34 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO- MEDONTE "Township of Oro - Medonte" PART 1 — THE PREAMBLE 1.1 TITLE This Amendment when approved by the County of Simcoe shall be known as Amendment No.34 to the Official Plan of the Township of Oro - Medonte. 1.2 COMPONENTS This Amendment consists of the text attached hereto. The Amendment provides text to add new policies regarding "Complete Application" requirements of the Planning Act. The introduction does not constitute part of the actual Amendment, but is included for information purposes. 1.3 PURPOSE The purpose of this Amendment to the Official Plan of the Township of Oro - Medonte is to add new policies regarding a "Complete Application" as per the requirements of the Planning Act. Since this Amendment adds new policies to the Official Plan of the Township of Oro - Medonte, it affects all of the lands in the Township 1.4 LOCATION The lands affected by this Amendment are located throughout the whole of the Township of Oro- Medonte, County of Simcoe. E�: 1.5 BASIS OF THE AMENDMENT 1.5.1 Application This is a Township of Oro - Medonte initiated amendment in response to the fact that the existing policies in its Official Plan are lacking in regards to the Complete Application submission requirement as set forward by the Planning Act. The amendment involves adding new policies to the text of the Official Plan. All of the lands in the Township of Oro - Medonte are affected. 1.5.2 Proposal This Amendment was originated by the Township of Oro - Medonte to address the lack of Official Plan policies existing in its document related to "Complete Application" requirements as provided by the Planning Act. The Planning Act states in Section 22(4 and 5) for Official Plan Amendment applications, 34(10.1 and 10.2) for Zoning By -law Amendment applications, 51(17 and 18) for Subdivision and Condominium application and 53(2 and 3) for Consent applications, municipalities may establish their own requirements for a "Complete Application ". A complete application is necessary for Council to review, assess and make an informed and comprehensive decision on a planning application. In order to implement the "Complete Application" requirements of the Planning Act, municipalities must adopt Official Plan policies for "complete application requirements ". There are a number of benefits to establish a "Complete Application" policy in the Township's Official Plan. The "Complete Application" policy would provide the required information to enable Council to make better informed decisions in a timely fashion, as the additional and required supporting information needed to assess the applications are submitted up -front at the beginning of the process. Technical studies are required to ensure that Council can make an informed decision on Planning applications and will also ensure that the public understands the implication of the application. To provide an open and complete planning application review process, the Township requires a pre - consultation meeting in advance of an applicant submitting Planning Act applications. The Planning Act permits municipalities to set out what their requirements are in the form of technical studies and plans to support an application to amend the Official Plan or Zoning By -law, Plan of Subdivision or Consent. Once the required information, in the form of an application and technical studies and plans have been submitted and accepted by Planning staff, the application can then be deemed to be "complete" in accordance with the Planning Act. This will be the date on which the processing time frame as per the Planning Act begins. The "Complete Application" policy would enable the Township to require the necessary technical information relevant to the proposed type of development to be submitted with the planning application(s) at the beginning of the process. This ensures that the supporting information (studies, reports and plans) are available to the public at the 4 beginning of the Planning process. This would be part of an enhanced public consultation process given all the required information would be available to the public prior to the Public Meeting. Within 30 days after the Township has received the appropriate fee and application to amend the Official Plan, the Planning Division will review the submitted studies, reports and plans. Planning Staff shall notify the applicant if the application has been deemed a "Complete Application or not. In accordance with the "Complete Application" requirements of the Planning Act, the official processing timeframe of the Planning Act application does not start until the Township has deemed the application a "Complete Application ". From that date forward, the Planning applications are subject to the timeline requirements in the Planning Act, (i.e. timing for a Public Meeting, date that the application can be referred to the OMB for a non - decision by Council, etc.). In addition, applicants cannot appeal a non - decision on their application once the application is "complete" until the processing time frames set out in the Planning Act have elapsed. 1.5.3 Provincial Planning Policies and County of Simcoe Official Plan The "Complete Application" requirements would permit the Township to request the appropriate studies and reports which would indicate how and if a proposed development is or is not in conformity with the Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe policies. The required studies and reports would also be utilized by the Township and the County of Simcoe to determine how and if a proposed development is in conformity with the policies of the County of Simcoe Official Plan. The County's Official Plan contains "Complete Application" policies and a list reports or studies. OPA No. 34 is considered to be in conformity with the County of Simcoe's Official Plan. 1.5.4 Conclusions Based on the analysis provided above, Official Plan Amendment No. 34 will add new "Complete Application" policies which the existing Official Plan does not contain. The proposed "Complete Application" policies are necessary to implement the requirements set forth by the Planning Act. These policies will ensure that the Township of Oro - Medonte will have all the necessary information to make a complete and informed decision on future planning applications. The required studies, reports and plans will enable the Township to determine if the proposed development is in conformity with all Provincial policies, (i.e., PPS, Places to Grow, Lake Simcoe Protection Plan, Source Water Protection, etc.), County of Simcoe Official Plan and Conservation Authorities polices. The policies of Official Plan Amendment No. 34 will authorize the Township to require all the necessary studies, reports and plans to completely evaluate future proposed development proposals in the Township of Oro - Medonte. 10 PART II -THE AMENDMENT 2.1 PREAMBLE All of this part of the document entitled "Part II -The Amendment ", consisting of the attached text constitutes Amendment No.34 to the Official Plan of the Township of Oro - Medonte. 2.2 DETAILS OF THE AMENDMENT The Official Plan for the Township of Oro - Medonte is hereby amended as follows. The following new paragraphs shall be added as the new "SECTION E1.1 COMPLETE APPLICATION" to the Township of Oro - Medonte Official Plan's "SECTION E1 — IMPLEMENTATION TOOLS" and the remaining sections shall be renumbered: "SECTION E1.1 COMPLETE APPLICATION E1.1.1 To provide an open and complete planning application review process, the Township requires a pre - consultation meeting in advance of an applicant submitting Planning Act applications, as per Section E1.1.3. During this process, the Township will identify the required studies, reports and plans in order to accept a planning application as being complete as per the requirements of the Planning Act. Requiring these studies, reports and plans to be submitted with the Planning Application enables Council to make well informed decisions within the timeframe provided in the Planning Act. E1.1.2 The Township will not accept an application for an Official Plan Amendment, a Zoning Bylaw Amendment, a Plan of Subdivision, a Plan of Condominium, or a Consent for processing unless the application is considered to be a complete application. To be deemed complete, an application must satisfy the following: a) include all applicable statutory requirements under the Planning Act, including the submission of the prescribed information and the requirements as listed on the application forms and the required studies and plan /and or drawings; b) be submitted with the required fee; c) include the Record of Pre - Consultation meeting, where one is required; 11 d) include all other studies, reports or plans that are necessary to support the application that have been identified by either this Official Plan and /or at the mandatory Pre - Consultation meeting. With regards to all other Planning applications, the provisions and requirements of the Planning Act shall apply. E1.1.3 Pre - Consultation a) An applicant (proponent) will be required to participate in a Pre - Consultation Meeting prior to the submission of an application for an Official Plan Amendment, a Zoning By -law Amendment, a Plan of Subdivision and a Plan of Condominium, a Consent application, a Site Plan application and a Minor Variance application. The applicant is required to meet with the appropriate Township Staff and relevant agencies including the conservation authorities where appropriate to determine what studies, reports and plans are required to support planning applications in accordance with this Section of the Official Plan. The County of Simcoe planning staff strongly encourages pre - consultation meetings where there may be a County interest involved. In regards to all other applications, proponents are encouraged to consult with the Township prior to the submission of the application. b) The intent of the pre - consultation process is to determine the nature and scope of any study, report or plan with this nature and scope being dependent on the size of the proposal, its relationship to adjacent land uses and the type (s) of planning approval(s) required. c) The purpose of the Pre - Consultation meeting is to identify any other studies, reports and plans which may be necessary and required to review the application. Some of these matters may be scoped through the Pre - Consultation meeting. d) Notwithstanding above, the Township may waive the requirement for a Pre - Consultation Meeting, where the Township has identified that, due to the nature of the proposal, the need for and scope of the required information and studies, reports and plans to be submitted with the application(s) to deem it complete. E1.1.4 List of Studies. Reports and Plans a) In order for a planning application to be considered a Complete Application in accordance with Sections 22, 34, 51 and 53 of the Planning Act, the Township of Oro - Medonte may require the following studies, reports or plans be prepared and submitted to the Township: 12 (i) Affordable Housing Report (ii) Agricultural Assessment (iii) Aggregate Potential Assessment and /or Aggregate Licence Compatibility Assessment (iv) Aggregate Studies related to /and in compliance with the requirement of the Ministry of Natural Resources license, for new and expansions to existing pits and quarries (v) Needs /Justification Report except for those applications for new aggregate operations (vi) Archaeological Assessment (vii) Architectural /Cultural Heritage Report (viii) Digital Plan according to Township /County specifications (ix) D4 Landfill Study (x) Energy Conservation Study (xi) Environmental Impact Study (xii) Environmental Mitigation /Compensation Plan (xiii) Environmental Site Assessment (xiv) Fisheries Impact/Marina Impact Study (xv) Flooding, erosion, slope stability reports including coastal engineering studies (xvi) Functional Servicing Report (xvii) Geotechnical /Soil Stability Report (xviii) Hydrogeological Study /Hydrology Study (xix) Illumination study (xx) Landform Conservation Plan (xxi) Market Study (xxii) Minimum Distance Separation I or II (MDS I or MDS ll) Calculations (xxiii) Natural Heritage Evaluation (xxiv) NoiseNibration Impact Analysis (xxv) Odour /Dust/Nuisance Impact Study (xxvi) Parking Study (xxvii) Phosphorus Budget (xxviii) Planning Justification Report (xxix) Scoped Water Budget (xxx) Servicing Feasibility Study /Servicing Capability Study (xxxi) Shadow Impact Study (xxxii) Shoreline Protection and Enhancement Plan (xxxiii) Species at Risk Inventory (xxxiv) Spray Analysis — Golf Courses (xxxv) Storm Water Management Report (xxxvi) Sustainable Development Evaluation (xxxvii) Traffic Impact Study/Transportation Study (xxxviii) Trails Impact Study (xxxix) Tree Preservation Plan /Enhancement Plan 13 (xl) Urban Design Report/Streetscape Study dealing with safety, accessibility, pedestrian and transit orientation (xli) Visual Impact Study (xlii) Water Balance (xliii) Water Conservation Plan (xliv) Wellhead Protection Area — Risk Assessment Report (xlv) Wind Study The need for any or all of the studies, reports or plans listed from (i) to (xlv) shall be determined by the Township of Oro - Medonte following pre - consultation between the Township, the applicant and any outside authority, agencies or Ministry. In addition, under exceptional circumstances, the Township may require further or other reports which are not listed above and it is determined are necessary to address such exceptional circumstances. Studies, reports and plans in support of an application are to be submitted in digital and paper formats in quantities determined by the Township. E1.1.5 Quality of Supporting Studies, Reports or Plans All studies required by the Township shall be carried out by qualified professionals retained by and at the expense of the applicant. The Township may require peer reviews of the studies, reports or plans by an appropriate public agency or by a professional consultant retained by the Township at the applicant's expense. Alternatively, studies, reports or plans may be carried out by a qualified professional retained by the Township at the expanse of the applicant. The Township may also scope the peer reviews of the studies, reports or plans submitted in relation to the planning application(s). E1.1.6 Flexibility a) While it is the intent of the Township to require studies, reports and plans listed above in support of planning applications, this section should not be interpreted as being all inclusive. b) On this basis, the specific requirement for a particular application may be modified depending on the nature of the proposal, its location in relation to other land uses and whether the proposal implements other planning approvals that may have been obtained prior to the consideration of the specific application. c) In addition, there may be certain public interest objectives in certain cases which necessitate the waving of the submission of required studies, 14 reports or plans, provided there are appropriate mechanisms in place to ensure that the information required to assess the impacts of a specific development proposal in these cases can be assessed. The most appropriate way for this to occur is through the use of a Holding provision in accordance with Section E1.3 of this Plan." 2.3 IMPLEMENTATION This amendment to the Official Plan of the Township of Oro - Medonte will be implemented by the approval of this amendment by the County of Simcoe. 2.4 INTERPRETATION The provisions of the Official Plan of the Township of Oro - Medonte, as amended from time to time, shall apply to this Amendment. 15