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06 10 2013 SpCommittee of Adjustment AgendaLOW Township of Proud Heritage, Excitini Future 1. OPENING OF MEETING: THE TOWNSHIP OF ORO- MEDONTE SPECIAL COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS June 10, 2013 TIME: 9:30 a.m. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. PUBLIC MEETINGS: a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, Concession 14, Part Lot 5, 51R-37351, Part 1 (Medonte), Application to permit an easement for Bell Canada and Rogers Cable from the Isabella estates subdivision to Highway 12. 5. NEXT MEETING DATE: Thursday, June 20, 2013 at 10:00 a.m. at Old Town Hall, 833 15/16 Sideroad. 6. ADJOURNMENT: a) Motion to Adjourn. Page 1 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... Page 2 of 12 �auauJFi : TOWNSHIP OF ORO -M DON LL REPO G37 /9.1p / Pnrud Hcntngr, 7,'.rrifinp 7=nuvr Appiication No: 2013 -15=10 To Committee of Adjustment Prepared) Coy: Andria Leigh, Director Deveiopment Services IN/fleeting Date: June 10, 2013 SubDect: Consent Application Robert Chaslock Part off Lot 5, Concession 14, 51I 37351, Part 1 (Former Township off Medlorote) Motion # Roil #: 4346420404-13700 RAM Piie #: 010 =457•6 RIStUiI ED CONDITiONS: 1. That three copies of a Registered Reference Plan indicating the lands subject to the easement be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. BACKGROUND: The purpose of the application is to convey utility easements for the purpose of providing Rogers Cable and Bell Canada services to the Isabella Estates Subdivision from Highway 12. The proposed easements would be located within Part 1 on the draft reference plan (See Schedule 2). This easement is identified as being 4.0 metres wide from Merrington Avenue and 6.0 metres at Highway 12. This easement is located within Part 1 on Reference Plan 51 R -37351 which was a lot with the existing dwelling that was severed from the draft plan of subdivision in January 2010. As a separate parcel of land the required utility easements for the Isabella estates Subdivision require a consent from the Committee of Adjustment. Af ALVSiS: The purpose of application 2013 -e -10 is to permit an easement for Bell Canada and Rogers Cable from the Isabella estates subdivision to Highway 12. The land subject to the two easements is Part 1 on the Draft Reference Plan. No new building lots are proposed to be created as a result of the easement request. Development Servpces Meeting Dale: ,Donne 10, 2013 Application No. 2013.3 -10 Page 1 of 5 Page 2 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... Page 3 of 12 FONANClAL: Not applicable. POUCDES /LEG SLATION: Of usual Galan The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on municipal water and private septic services. The proposed consent for easements for Rogers and Bell would provide the ability for these services to be provided to the Isabella Estates subdivision in conformity with the Official Plan. While the Township's Official Plan does contain policies in Section D2.2.4 regarding utilities this is for the purpose of creating a new lot, which is not proposed through this application. There are no specific policies in the Official Plan regarding easements for utility purposes. Count'/ Ofuoual Plan The Township has circulated the application to the County of Simcoe Planning Department, who has stated they have no comment on the proposed application. In reviewing the proposed consent application for the proposed easement, the County of Simcoe Official Plan does not have any specific policies in regards to easements. Provlrcual Polio ' Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1.1(g) provides "Healthy, livable and safe communities are sustained by: (g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs." The proposed easements for Bell Canada and Rogers are addressed through this policy. Gloms fto Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In reviewing the Places to Grow Growth Plan, there are no direct consent policies that apply to the proposed easement application. In analyzing the proposed severance for the easement for Bell and Rogers, staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. Given the subject lands are located within an identified settlement area, the proposed severance constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Therefore, the proposed severed and retained lands would comply with the policies as found within the Official Plan. Development Services Meeting Date: June 10, 2013 Application No. 2013-B-10 Page 2 off 5 Page 3 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... Page 4 of 12 ZONO JJG BY-LAW The subject property is currently zoned Residential One Hold (R1 (H)) Zone in the Township's Zoning By -Iaw 97 -95, as amended. There are no policies within Zoning By -law 97 -95 that specify, the location or size of easements, the proposed easement size was determined through consultation during the Isabella estates subdivision review process with the Township and the two relevant agencies. On this basis, the application would comply with the provisions as prescribed by the Zoning By -law. CONISULTATIONISo Public Works Department- No Concerns County of Simcoe -No Comments ATTACHMENTS: Schedule #1- Location Map Schedule #2- Context Map CONCLUStON: Planning Staff recommends that Consent Application 2013 -B -10 for easements for Bell Canada and Rogers, BE APPROVED, subject to the recommended conditions of consent, for the reasons that the application generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2005. Respectfully submitted: l Andria Leigh, MCP, RPP Director, Development Services Development Services fleeting Date: ,Donne 90, 2013 Appziicetion No. 201343-10 Page 3 o15 Page 4 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... SCHEDULE 1: LOCATION MAP 2013- B- 10(Cheslock) Development Services Meeting Date: June 10, 2013 pplucatioov No. 2013 -[3 =10 Page 4 off 5 Page 5 of 12 4a) 2013-B-10 (Robert Cheslock), 9733 Highway 12 West, ... SCHEDULE 2: Context Map 2013-B-1 0 (Cheslock) PLAN OF SURVEY PAA7 OF WI NVICONWON . 4.2 tam It, r.s. •••• 1.21" (14:42 202212220 142.1 SU, TOWNSHIP OF ORO —MEDONTE ace, (GEOGRANDID TINENSIIN 017 LIGODNDED leen 11 COUNTY DE SEECOE Elti LOT ITS s , \ LOT SI \ \ a \ \ 0 \ \ \ 000 \ A \ 0 \ \ \ 0. 4•`'' 0 -., \ \ ,,S., N., \ '*' '''' \ , . . i \ i• ...4.4., '' ----4,0_-•••.,.... 04.• CT. LTsotom OA. 04. \ \ 0 0, \ \ \ 0 \ \ \ CP 00' ---------- 441e, 4„, 4r•L' mnr. LIERRINOTON 4V52411E LOT •-•40 Lot a c•••• .• .0? 14 se ANT 4 Po H , the is ; IDT ■ NO= :MEM= Law PLAN RIR- =Wm Aro OtstOn0 LEGEND :1E7= Is sumours cssonaut 1,tr..--4,e0.4444•4•4.7. szTluaTs.„, •%•404,44 4•444..4.4044.00•0.....44 ETT-7.4.4 • STRONMAN SURVEYING LTD. — ONTARIO Development Services Meeting Date: June 10, 2013 Application No. 2013-13-10 Page 5 of 5 Page 6 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... dNNEWAT VZ EFL :N N S LUTUC1N PLANNERS a PROJECT MANAGERS C) LAND DEVELOPMENT Township of Oro- Medonte 148 Line 7 South Oro, ON LOL 2X0 Attention: Andria Leigh, Director Development Services Re: Easement Application — Utility easements Isabella Estates Subdivision /Part 1 51R-37351 File No: 2008 — Sub - 01 Concession 14, Lot 5, Former Medonte Township of Oro - Medonte, County of Simcoe Friday May 24th, 2013 Innovative Planning Solutions has been retained by South Shore Isabella Estates Inc to prepare the following explanatory text to accompany the relative Easement application. The subject lands are recognized as Part of Lot 5, Concession 14, Medonte, Part 1, 51 R- 37351; Township of Oro - Medonte (Geographic Township of Medonte), County of Simcoe. The lands are currently zoned as Residential One Exception 195 (R1 *195). In accordance with the recently approved Subdivision Agreement for the Isabella Estates Subdivision (Schedule G), the following easements are required to be provided in favour of Bell Canada and Rogers Cable. Attached as Appendix 1 is a copy of the proposed R -Plan dated February 15, 2013 for the Isabella Estates Subdivision. Based on this R -Plan, and according to Schedule G (Appendix 2) of the Council approved subdivision agreement, easements are required to be provided to the above noted utility companies over all of Part 1. This application seeks to obtain these easements in accordance with the Subdivision Agreement so that it may be finalized and registered on title. Typically these easements would be deeded through the subdivision agreement process; however, because these lands (Part 1) fall outside of the limits of the Isabella Estates subdivision, approval from the Committee of Adjustment for the Township of Oro Medonte must be provided. Based on the status of the agreement and Council's approval of the agreement, it is my professional planning opinion that the application should be approved. 1 5 O D U N L O P STREET, S U I T E 2 D 1 , B A R R I E ONTARIO 1_4M 1 B 2 TEL: (7051 B12-32B1 FAX : (705) 5 1 2- 3 4 3 5 EMAIL: I N F O @ I P B C O N S U L T I N S I N C. C O M Page 7 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... Trusting this is satisfactory; should you have any questions or comments, please do not hesitate to contact the undersigned at your earliest convenience. Respectfully submitted, Innovative Planning Solutions Greg Bbrker, B.A.A. Junior Planner Cc: South Shore Homes EASEMENT APPLICATION IPS FILE No: 1 1 -357 TOWNSHIP OF ORO MEDONTE PAGE 2 Page 8 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... APPEND X 1 EASEMENT APPLICATION TOWNSHIP OF ORO MEOONTE IPS FILE No: 1 1 -357 PAGE 3 Page 9 of 12 1, 10 01, abed PLAN OF SURVEY OF PART OF LOT 5, CONCESSION 14 AND PART OF LOTS 11. 12 14. 15, 17, 78, 27, 22, AND PART OF BLOCK 24, REGISTERED PLAN 51M- (GEOGRAPHIC TOWNSHIP OP 12DONTE) TOWNSHIP OF ORO— MEDONTE COUNTY OF SIMCOE 15 0 10 .5 10 5.5 00 7.15111115 SCALE 1 :750 STRONGMAN 0.LS. 2013 M£ AVENUE / NVISSArE PART LOT 22 LOT 21 ^\, (PART BI //� / \ ENV - / o n. 06 \ \ \ \�.� SF,SE�'9 `'{� `'�'i9'a^ \ \ 0 \ \ •1A .- \ N \ �G1 3Qs \ 2 \ 6 `, P,pt' \ t \ \ / P • \ 9 ,Fa y tiN ` ; t \ , �!4 \ ti � M� ----- ° \ 0 \\ ✓ 60* off', PP ®. `�'A \fit PART') 4 \ 51R- 3351 [ MI, 58370 \ AZ,' 397(61 aLN�N. Sa JE ,`fkrD Np o0G5�e< 4/ EN SCALE MEHRINGTON AVENUE 401E 44. 0 LOT 14 LO'I 13 PARr - -4844 Or Or R. cUN. 14 -44/4 54.5.35 - 0392 ■1) - — z — 1 ENLARGEMENT WALE WOO rE PART 4 PART 3v, j .. 1143 f \ LOT 15 LOT 14 NOTES RFMRRE Ms :MN 10 BE RLWpSDRERO�BN. ME Pure _ Pmuu4r Pa 4473 31.5350 .0 SURVEYOR PLAN 511i— MM. AND BPPnmm LAND taMinaa 11.[ TrtMi [PAWN Or NOME WE PAST SCHEDULE OF PATS PP+m°b`PnEe NPR Of LOT OF so PART Or LIM ID oART Or LOT DI CON/PL. 101011605.1 . PONxrtPED aEEO iehl AREA me.1 !mom 1165 1001. a 400110044127 SHOW eR rMB PI. .r P. AM dB BE CONVERTED TO rEE1 BY MNMV n OArR COORDINATES N THEMSELVES. BE USED 'ID RE-ESTABLISH BLSH CR BOUnMwES SHOWN ON THIS PUN. 56nuc6 ON DNS PUN u¢ aAOCND OEPM1CPS,RN P.N B£ COMAIED TO MO OSNMYB BY YDLTPLY.1 BY THE C.V. WALE PND,m or 0.951017 PONE IB MIMING ,..V11110,== 000.. 000515150.50.515.51 Mgt Or TIE 5011115.11- ow of WC -MOT. Paalltt o[ lamisroPunox -NH R.m :t 1_ , rr, . Erb mR GROW URVEYOR'S CERTIFICATE oormelMo 140.909 C.T. STRONGMAN SURVEYING LTD. Ontario Land Surveyors :wxr r o3 4844' ORILLIA — ONTARIO D -2872 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... APPENDIX 2 EASEMENT APPLICATION TOWNSHIP OF ORO MEOONTE IPS FILE No: 1 1 -357 PAGE 4 Page 11 of 12 4a) 2013 -B -10 (Robert Cheslock), 9733 Highway 12 West, ... SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO- IVIEDONTE AND SOUTH SHORE ISABELLA ESTATES INC. AND SOUTH SHORE CADEN ESTATES INC. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2. 0O) and the cost of preparation, execution and registration thereof, shall be bome by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easements shall be conveyed: • Block 23 to be deeded to the Ministry of Transportation as a 0.3 metre reserve. ▪ Block 25 to be deeded to the Township of Oro - Medonte as a 3.0 metre walkway. • 4.0 metre and 6.0 metre wide Easement to be dedicated to the Township of Oro - Medonte, for watermain works construction and maintenance purposes. Refer to Part 1 of Plan 51R- • 4.0 metre wide Easement to be dedicated to the Township of Oro - Medonte, for 25mm water service to existing Legion property. Refer to Parts 2 and 9 of Plan 51 R- • 1.5 metre deep by 1.5 metre wide easement over part of Lots 14, 15 17 and 18, Plan 51 M- • to be dedicated to Hydro One Networks Inc., for hydro works installation and maintenance purposes. Refer to Parts 3, 4, 5, and 6 of Plan 51 R- o 1.5 metre deep by 3.0 metre wide easement over part of Lots 21 and 22, Plan 51M- ; to be dedicated to Hydro One Networks Inc., for hydro works installation and maintenance purposes. Refer to Parts 7 and 8 of Plan 51R- • 4.0 metre and 6.0 metre wide easement to be dedicated to Bell Canada for access and maintenance purposes. Refer to Part 1 of Plan 51R- • 4.0 metre and 6.0 metre wide easement to be dedicated to Rogers Cable for access and maintenance purposes. Refer to Part 1 of Plan 51 R- 48 Page 12 of 12