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12 10 2014 2014-OPA-01 & 2014-ZBA-02 (Lover's Harbour Inc.)i4io���ta�ont� NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENTS TO THE OFFICIAL PLAN AND ZONING BY-LAW OF THE TOWNSHIP OF ORO-MEDONTE 2014-OPA-01 & 2014-ZBA-02 (Lover's Harbour Inc.) TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Wednesday December 10, 2014, at 7:00 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 the Zoning By-law, under Sections 17 and 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Official Plan Amendment is to amend the the Township's Official Plan for a Site Specific Rural designation to permit lot creation. This Amendment proposes additional wording in Section C2.3 that would permit the creation of two new residential lots with minimum lot frontage requirements of 21.0 metres and minimum lot area requirements of 0.13 hectares respectively for the lands shown on the Site Plan dated June 16, 2014 attached to this Notice, known as 298-302 Shanty Bay Road and legally described as Plan 1, E Pt Lot 16, W Pt Lot 16, Pt Blk H and RP 51 R-37843, Part 1, and Pt Lots 15 and 16, Pt Blk H, Township of Oro-Medonte. THE PURPOSE of the proposed Zoning By-law Amendment would be to permit site specific Residential and Local Commercial zones specific to the frontage and area requirements proposed for the three residential lots and site specific setbacks for the Local Commercial zone and would amend the existing Local Commercial Exception 116 (LC'116) and Residential One (111) Zones as follows: 1. A Residential One Exception (R1'-) Zone to permit three residential lots with minimum lot frontages of 21.0 metres and minimum lot area of 0.13 hectares; 2. A Local Commercial Exception (LC'116) Zone that would continue to permit the motor vehicle repair garage and would recognize a minimum rear yard setback requirement of 4.87 metres. The above -noted Official Plan and Zoning By-law Amendments are proposed in order to accommodate the re -development of the existing local commercial uses and the development of three residential lots. A KEY MAP illustrating the location of the subject lands is provided with this Notice. 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 is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed 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 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Official Plan and Zoning By-law Amendments is 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 19th day of November, 2014 Andria Leigh, MCIP, RPP Director of Development Services SUBJECT AREA MAP ^ 1 N O i Q (� �� V / � _, m`� o x �+ r a. a D p N Z � O � N ca W "a b N �c �G71� n Lake Simcoe Region conservation authority A Watershed for life April 17, 2014 Andria Leigh, MCIP, RPP Director Development Services Township of Oro-Medonte Oro, Ontario LOL 2X0 Dear Ms. Leigh: Subject: Official Plan and Zoning By -Law Amendments File 2014-OPA-01 & 2014-ZBA-02 298-302 Shanty Bay Road Township of Oro-Medonte, County of Simcoe Thank -you for circulating the Official Plan and Zoning By -Law amendments to the Lake Simcoe Region Conservation Authority (LSRCA) for our review. We have reviewed these applications in the context of the Provincial Policy Statement (PPS) and Lake -Simcoe Protection-P--Ian-(LSP-P--}.---------------------__------ _-------_- — __ _ _-- Based -on existing-enviro.nmental-mapping-the-subject properties-ar-e-located-outside: - • Any natural hazard lands such as floodplain • Any natural heritage features such as wetlands • Any area governed by Ontario Regulation 179/06 On this basis, the LSRCA has no objection to the approval of these applications. We note that through the municipal site plan process a storm water management report will be required to address water quality and quantity controls as per Section 4.8 DP and 4.9 DP of the LSPP. Please acfii' e us of any decision on this application. Si CharteskF. Bur est MCIP, RPP Senior P n a ordinator Copy: Innopative Planning Solutions, Darren Vella 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1,800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X I Fax: 905.853.5881 ( E -Mail: Info@LSRCA, on. ca Proud winner of the International Thiess Riverprize Member of Conservation Ontario c, �� I County of Simcoe Main Line (705) 726-9300 COUNTY OF Planning Toll Free 1-866-893-9300 S1 COUNTY 1110 Highway 26, Fax (705) 727-4276 PLANNING` Midhurst, Ontario LOL 1X0 simcoe.ca March 28, 2014 Andria Leigh Director of Development Services Township of Oro-Medonte 148 Line 7S, Box 100 Oro, Ontario LOL 2X0 Dear Ms. Leigh RE: Proposed Official Plan and Zoning By-law Amendments Porter & Lover's Harbour Inc. Part of Lot 1, Concession 1 East Penetanguishene Road (298, 300, 302 Shanty Bay Road, County Road 20) Former Township of Oro Now Township of Oro-Medonte Thank you for consulting with the County of Simcoe and providing copies of the Applicant's Planning Justification Report, Hydrogeology and Servicing Feasibility Evaluation, and Functional Servicing Report for review. The proposed Zoning By-law amendment seeks site-specific setbacks, area and frontage for three residential lots and a commercial lot proposed to be created. The proposed Official Plan amendment seeks to redesignate the subject lands from the Township's 'Rural' designation to a 'Rural — Subject to Special Provisions' designation to permit the creation of two additional residential lots from one existing residential lot and one existing commercial lot. The subject property is designated Rural and is therefore subject to the Rural and General policies of the Simcoe County Official Plan (SCOP). County Official Plan policies 3.6.7 and 3.6.11 permit lots created by consent, however County Official Plan policy 4.8.2.5 restricts entrances from a County Road to residential lots created after June 30, 1996, except in accordance with County of Simcoe By-law 5544. Section 2.5.2 of the County Entrance By-law No. 5544 states, "New entrances shall not be permitted to individual lots created on County Roads following June 30, 1996, except in urban settlement areas designated in Official Plans". The subject lands are not within a settlement area designated in the Township's Official Plan. The County in a letter dated April 26, 2010 provided similar comments regarding a proposed consent application on the subject lands. The County's by-law further states in section 2.5.3, "Where a subdivision or individual lot fronts on both a County Road and a Local Road, the entrance will be from the Local Road, where feasible". Lots created as a result of the proposed Zoning By-law and Official Plan Amendments should have frontage on the local road (Colborne Street). Although the current properties have multiple access points onto the County Road, County Entrance By-law 5544 states, "One legally existing entrance to each lot of record at the time of the passage of this by-law will be permitted". Furthermore County Official Plan policy 4.8.2.6 states "The existence of multiple entrances to a parcel of land does not imply that additional lots can be created". PLD -003-001 County staff therefore advise lot creation on County Road 20 cannot be supported and encourage the Applicant consider an alternative lot configuration for the subject lands as the proposal is contrary to the roads policies of the County Official Plan and the requirements of the County Entrance By-law 5544. The Applicant should also be made aware the County would request the dedication of land for road widening purposes as a condition of lot creation adjacent to a County road. In addition, please note the County Setback By-law No. 5604 states, "No person shall locate, install or rebuild any building or structure within 15 metres form the Highway". Structures include septic systems and garages. Any new structures must be located 15 metres back from the County right-of-way. Further consultation with the County regarding site plan and road widening requirements is encouraged. If you require any further information, please do not hesitate to contact me, rachelle.hamelin@simcoe.ca or 726-9300, ext.1315 or Paul Murphy, paul.murphy@simcoe.ca, ext. 1371. Sincerely, The Corporation of the County of Simcoe ealvtvz,�_ Rachelle Hamelin Planner III cc. Bruce Hoppe, Manager of Development Planning Paul Murphy, Engineering and Planning Technician ------Darren-Vella, Innovative -Planning -Solutions --- December 5, 2014 Douglas Irwin, Clerk Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Irwin, (By Email Only) RE: Proposed Amendments to the Official Plan and Zoning By-law Township File Nos. 2014-OPA-01 and 2014-ZBA-02 Lover's Harbour Inc. 298-302 Shanty Bay Road Thank you for circulating the County of Simcoe regarding the above -noted applications. County staff -- -have-reviewed -the-applications -in- conjunction -with previously --submitted materials- and-provide-the- following provide- the -following comments. The proposed Official Plan amendment seeks to redesignate the subject lands ---- -from-the-T-ownship'-s 'Rural' -designation- -to a 'Rural ---Subject to Special -Provisions' -designation to -permit - - the creation of two (2) additional residential lots on the subject lands, for a total of four (4) residential lots and one (1) commercial lot on the subject lands. The proposed Zoning By-law amendment seeks site- specific setbacks, area and frontage for three residential lots and site specific setbacks for the commercial lot. It is noted that the above amendments to the Official Plan and Zoning By-law are to accommodate the redevelopment of an existing commercial use and the development of three residential lots. County Transportation and Engineering staff have reviewed the above noted applications and are generally satisfied with the proposed conceptual site pian. It is noted that no new entrances onto County Road 20 will be created as a result of this plan. Staff would appreciate an opportunity to review and comment on the site plan control application for the subject land when it is submitted. Through this process, the County may request that the applicant complete the following prior to site plan approval: 1. The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a feesimple, unencumbered interest in the following: • A road allowance widening along the entire frontage of the subject property adjacent to County Road 20 to provide a 15.25 metre right-of-way from the centre line of County Road 20. • A daylight (sight) triangle measuring 15 metres east -west x 15 metres north south at the north-west comer of the property adjacent to County Road 20 and Colbome Street. PLD -003-001 �A co�UN" o , ` "" County of Simcoe Planning Main Une (705) 726-9300 Toll Free 1-866-893-9300 IMC26, OE Fax X1276 PLANNING ', Midhurst Ontario LOL 1X0 s mcoa.ca -,.�•-- December 5, 2014 Douglas Irwin, Clerk Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Irwin, (By Email Only) RE: Proposed Amendments to the Official Plan and Zoning By-law Township File Nos. 2014-OPA-01 and 2014-ZBA-02 Lover's Harbour Inc. 298-302 Shanty Bay Road Thank you for circulating the County of Simcoe regarding the above -noted applications. County staff -- -have-reviewed -the-applications -in- conjunction -with previously --submitted materials- and-provide-the- following provide- the -following comments. The proposed Official Plan amendment seeks to redesignate the subject lands ---- -from-the-T-ownship'-s 'Rural' -designation- -to a 'Rural ---Subject to Special -Provisions' -designation to -permit - - the creation of two (2) additional residential lots on the subject lands, for a total of four (4) residential lots and one (1) commercial lot on the subject lands. The proposed Zoning By-law amendment seeks site- specific setbacks, area and frontage for three residential lots and site specific setbacks for the commercial lot. It is noted that the above amendments to the Official Plan and Zoning By-law are to accommodate the redevelopment of an existing commercial use and the development of three residential lots. County Transportation and Engineering staff have reviewed the above noted applications and are generally satisfied with the proposed conceptual site pian. It is noted that no new entrances onto County Road 20 will be created as a result of this plan. Staff would appreciate an opportunity to review and comment on the site plan control application for the subject land when it is submitted. Through this process, the County may request that the applicant complete the following prior to site plan approval: 1. The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a feesimple, unencumbered interest in the following: • A road allowance widening along the entire frontage of the subject property adjacent to County Road 20 to provide a 15.25 metre right-of-way from the centre line of County Road 20. • A daylight (sight) triangle measuring 15 metres east -west x 15 metres north south at the north-west comer of the property adjacent to County Road 20 and Colbome Street. PLD -003-001 The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widening and daylight (sight) triangle to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. The applicant shall employ a Solicitor, entitled to practice law in Canada, being a member of the Law Society of Upper Canada to facilitate the transfer of the real property and in effect represent both parties in the subject transaction, at no cost to the Corporation of the County of Simcoe. The Solicitor shall carry transfer insurance that will indemnify the transfer. The applicant must contact the County for detailed transfer specifications. Prior to stamping of the deed by the Township of Oro-Medonte the Applicant shall obtain written clearance from the County for the above -noted condition. The County of Simcoe is requesting the road widening and daylight (sight) triangle pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal -- - - - - Act, 2001: _The widening of -County -Road -20 and -the -daylight -(sight) -triangle are -required - pursuant to the County's standards for the construction and is consistent with proper safety standards. 2. The County of Simcoe Entrance By-law No. 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road. The Applicant will be required to apply for an Entrance Permit for each entrance onto County Road 20 as a condition of the County's approval. 3. The County of Simcoe Setback By-law No. 5604 regulates the location of buildings and other structures within 45 metres of lands adjacent to County Roads. Any new buildings and other structures must be located 15 metres from any requested road allowance widening. Structures include; wells; septic systems and fields; retaining walls; etc. A variance must be requested for any structures closer than 15 metres. If you require any further information, please do not hesitate to contact me at 705-726-9300, ext. 1360 or Dan. Kingsbur Simcoe.ca. Sincerely, The Corporation of the County of Simcoe a r ~ Dan Kingsbury, M , RPP Planner 11 CC. Cameron Sellers, Innovative Planning Solutions (By Email Only) Andria Leigh, Township of Oro-Medonte (By Email Only) Derek Wltlib, Township of Oro-Medonte (By Email Only) Rachelle Hamelin, County of Simcoe (By Email Only) Paul Murphy, County of Simcoe (By Email Only) Information on Kelly's Auto Body in Barrie, ON L4M 1E6 - (705) 728-7700 Page 1 of 2 Pages ca Kelly's Auto Body Information & Reviews - Barrie, ON L4M 1E6 Kelly's Auto Body Trouvez des diens sur Google. Rejoignez Google Mon Entreprise. 300 Shanty Bay Rd Barrie, Ontario L4M 1E6 Phone: (705) 728-7700 Fax Number: n/a �O ►� 31t G1 Search 1 You may want to review the products and services of other companies in Barrie, Ontario, besides Kelly's Auto Body. We do provide information, reviews and ratings, maps and driving directions on other Barrie Body Shops companies and businesses that service the Barrie area. When making decisions please consider the pricing options. Up to $7000 off / o% 96 Mths Other Services in Barrie, Ontario - --—Or-illia Hyundai is -the -smart ------- -- ----- --- choice Business Hours: n/a Categories Location of Kelly's Auto Body DEC p-lU�4 1 c;ro; http://www.zipperpages.ca/Kelly_s Auto Body-of-Barrie_O`N/6601288.ht... 27/11/2014 General Outline of our 300 Shanty Bay Road DEC a 2014 T Oa`;'c3l-- P t The applicant is requesting a zoning change to allow a multi-million $ residential development proposal. We support the residential portion but object to the commercial and continued use of the body shop/garage as follows: 1. The application is not conforming to the Lake Simcoe Protection Act ... new policy 1.2.6.1, Oro-Medonte land use bylaws, and the Ministry of Environment regulations 2. The site has previous safety issues with the Fire Department and Ministry of Environment, I The site has a previous and ongoing use an auto body and paint shop - -4-----The-site-parking-is-congested-and-encroaching-on-to-busy-Shanty-Bay-Rd- -- and does not comply with street set -backs, Oro-Medonte parking bylaws 5. Consider that recreational trails and school buses stop at the corner of Colborne and Shanty Bay Rd.: Safety is an issue, with traffic and people. There was a fatal accident near the site a few years ago. 6. Apartments above the body shop are not retrofitted or safe for the occupants and also require parking, causing congestion at that site. 7. Apartments do not meet Oro-Medonte bylaws for mixed commercial/industrial residential use 8. The site has an illegal paint exhaust stack and paint booth 9. The applicant seeks to register antiquated zoning without conforming to the Lake Simcoe Protection Act which protects all of us, the environment. 10. Since this is Watershed lands, the applicant must meet the proper criteria for operating this type of hazardous business. 11. No site inspection has been done by the town and no Level 2 Environmental Survey has been offered by the applicant. 12. Since this land was used as an auto body and paint shop for over 50 years, we are concerned that the land and the building are contaminated. 13. The culverts for industrial water run off, and drainage from older septic systems run directly into Lake Simcoe via Colborne St. 14. The applicant is asking for new residential lots, without addressing the parking and vehicle congestion that they will create in the future. 15. The grandfather zoning of the body shop does not conform to the essence of the neighbourhood being waterfront residential and recreational. The undersigned agree that additional consultation and evidence of land use planning is required before any request for rezoning can be considered. N_a.me Addr_e_ss 4:- 6s glfoelelc % �IZlwt-�- 6. OX&m- "S A a Or t 5 Leo tiO� iyl cc UL &-Q, 10. Re: 2014-OPA-01 & 2014-ZBA-02 Proposed Zoning Ammendments We are a group of concerned citizens who live in the area and enjoy the quiet nature of the neighbourhood as a residential and recreational area. This area is part of the Lake Simcoe Waterfront Protection Planning Act, and is part of the watershed zoning for this area. This watershed area extends from Baycrest to Penetanguishene Rd and past Colbourne St. 300 Shanty Bay Road About the mid -1950's Mr. Graves built the shop and created Graves Auto Body where he operated a paint and body shop for about 40 years. Since his retirement various other businesses have leased and operated painting and body shop activities from the same location. Several years ago the lands were sold. The new owner is asking the town and residents of the area -if-Ke—can -Kave-the privilege to request additional -zoning-- ---- rights o_n these lands: to allow additional residential lots for development and the expansion of zoning for the body shop. The continued operation of the body shop/garage is not compatible with the residential rezoning. The shop is a dinosaur containing contaminants from 60 years of operation. The surrounding lands may also be contaminated with lead and chromium, two nasty components used in paint back then. Above the body shop are two apartments for which the combined mixed use of industrial and residential is not legal, and is dangerous to the occupants. The Ministry of the Environment and the Fire Department have both been involved in the past regarding this property. Our main concern is the local commercial expansion and rezoning of a R1 to a LC116 with a rear yard setback of a minimum of 4.87 metres(to allow another residential lot) and to permit three residential NEW lots with minimum lot frontages of 21.0 metres. As neighbours, we are very concerned about the lack of planning and site approval for this zoning. Parking space is a concern, since the garage on the lot contains several apartments above it, that need parking, and then a garage space with added vehicles and traffic in and out of the lot. The driveway does not meet the Oro- Medonte bylaws. There is definitely not enough parking to accommodate this type of activity and this business. The driveway encroaches to the busy Shanty Bay Rd now, (see survey) and creates problems. There is storage now, with boats and trailers, and believe this could be another problem in the future, with traffic and more storage. We understand the request for new residential lots, but are concerned with the continued industrial use of the property. The applicant should look at the parking that now exists and also, across the street is the waterfront trail, which is very busy in the warmer months. A few years ago the properties were sold just after the first owner was in dispute with the Ministry of Environment, and the fire marshall, since the paint shop and booth were not in compliance with the fire regulations, and the safety to the tenants with the apartments upstairs. The vent stack and paint booth are both illegal now and do not conform to MOE standards, as well as fit into a communit} of recreation and residential use. After the recent sale, the paint shop and vehicle body repair was continued. This was never a vehicle repair shop, but a paint and body work shop. There were a few complaints from neighbours, as to the noise, the smell and fumes omitting from the paints and vent stacks, the lack of compliance with the Ministry of Environment and Lake Simcoe Conservation, Lake Simcoe Waterfront Protection Act and lack of safety with the apartments as they are not retrofitted. This is a very busy area, with school buses back and forth and actually stop at the corner of Colbourne and Shanty Bay Rd on both north and south sides of Shanty Bay Rd. There is also a recreational trail across the street from this garage site, and parking is very limited on this driveway. In fact, that parking lot is encroaching on the already busy Shanty Bay Rd. SEE Survey.. With all the new construction on Barrie Terrace, the corner of Shanty bay Rd and Colbourne has become very difficult, with construction trucks, buses and bikes from the trails Safety is also a great concern as there was a fatal accident that occurred shortly after, leaving one person dead. The parking lot is very small and many cars would back up onto busy Shanty Bay Rd, holding up traffic, while they juggle cars in and out of the lot. The existing building contains an illegal paint booth and stack, both which are not licenced. The area surrounding this building is environment sensitive with the lake and trail access directly in front of the this building/ garage. There are also several apartments above the existing garage and no sprinkler system was ever installed. See Oro Medonte Bylaws below Paragraph 5.5 of the oro medonte by-law 5.5 APARTMENT DWELLING UNITS ACCESSORY TO A COMMERCIAL USE Notwithstanding any other provisions of this By-law, apartment we ing units —_--- --- that-ar-e—in-the same building as a permitted commercial use in the Local Commercial (LC) and General Commercial (GC) Zones are permitted provided: a) the floor area of the apartment dwelling units does not exceed 33% of the gross floor area of the principal use on the lot; b) the minimum floor area of the apartment dwelling unit is 50 square metres (538 square feet); c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit or any commercial use; and, e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade Level Two Environmental Survey: l r n d ti ew Since this land was Graves Auto Body for over 50 years, a Level Two Environmental Survey must be obtained in order to determine the nature and extent of contamination on the site and its residential neighbours. We, as residents in the area, are very concerned of soil and runoff contamination as well as air pollution. With all the new residential construction in the area, we believe __.__ —thisdoes_not conform_to_an_y_standard.s:_ Watersh_e_d,._Res'r_dentia.l_,_Sa_f_ety_and______--- Environment being our major concern. Highest and Best Use: The highest and best use of the land would be residential only and tear down and eliminate the body shop and its grandfathered zoning. No one wants to live next to a body shop/garage. By eliminating the garage, and converting the entire property to residential, it would best conform to the neighbourhood and capture the essence of why we live here. We enjoy fresh air, the lake and its surrounding beauty. We would like to enhance that beauty. That's what makes the residential lots attractive to a potential buyer. To the applicant and planning, please reconsider this application. There is already an existing Egon Mtors at the corner of Colbourne and Shanty Rd, and is already busy with traffic from that location. We feel this "garage" or paint and body shop, does not conform to the neighbourhood standards of residential. There is a new addition to the Lake Simcoe protection act policy 1.2.5.1. ( see below) states the use of auto body and its regulations, and the land use to be compatible with proper conforming and at least 60 metres setback from neighbouring residential. The garage, body shop, would have to be designed to buffer noise, odours and contaminants. With the new residential lots, this zoning may not comply, as a 60 metres setback is required. See Below for more details After speaking with Tim Krsul, Ministry of Enviroment (see below), here are just some suggestions. There should be a site inspection of the paint booth, and vent stacks, which are not licenced and should be removed. There needs to be a Level 2 Environmental survey, which was never done upon closing. The new residential lots may have contamination, and is a concern to the residents. This land area is considered to be Watershed land" and extends from Baycrest and Penetanguishene rd to Colbourne. Culverts and water drainage are needed to ----- further --development is -to -happen. We are also concerned about runoff and drainage from the garage, and the age and condition of the septics for all the properties in question. We are making some suggestions, as we are not concerned with the residential application, but are very concerned with the "garage, and or autobody" use. We would like the stacks and paint booth to be removed, and ask the applicant to reconsider the garage use with the apartments, to make that another residential use. It would certainly conform to neighbourhood, and there would be less civil strife over this variance, if granted. Right now, the area is desirable with its lakes and trails, and recreational areas, which bring tourism to Barrie and Oro-Medonte. Expanding on an antiquated industrial use, does not meet the Lake Simcoe Protection act, whose citizens, governments, businesses and industries are stewards of the land, water, and the natural heritage. See below comments from the Ministry below: From: "Krsul, Tim (MOECC)" < > Date: November 26, 201410:06:39 AM EST To: " If < Subject: RE Your Request for Information about the LSPP in Oro Hello Linda, Wonderful to talk to you today on the telephone. Some rules that come to mind when we generally discussed your issue with a development application in your neighbourhood. From your description of your property location I believe the lands to the north of Shanty Bay Road east of Crestwood Drive and west of Colborne Street, south of Baycrest Drive are within the boundary of the Lake Simcoe Protection Plan as described in made under the , 2008. A document that may be useful to you in preparing your arguments about land use compatibility is the . Policy 1.2.6.1 may be a good source policy for your consideration. 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses should be planned to ensure they are appropriately designed, buffered -and- or separated -from each of er to prevent_--- -- — or mitigate adverse effects from odour, noise and other contaminants, minimize - r skto public-health=and-safety,-and-to-ensure=the-long=term-viability of -major ---- -- facilities. I have also sourced the table below to give some benchmark for a minimum separation distance from a paint spray booth. This table is from that Regulation is in place to support Registrations of Automotive Refinishing Activities. The Regulation does not apply to all automotive refinishing activities. An owner of an Automotive Refinishing Activity can also apply to the Ministry for an Environmental Compliance Approval and demonstrate that unique equipment or operations (not contemplated by the Regulation) can be operated without having an adverse effect. There are a number of interesting articles available through a web search under the terms D -series Guidelines or Incompatible Land Use Ontario. Just keep in mind that they may predate the 2014 PPS that I gave you the link to above. Best DISTANCE FROM FACILITY'S PROPERTY BOUNDARY Item Column 1 Column 2 Facility -wide coating application rate under normal operation (litres per hour) Distance (m) 1. < 2 0 2. > 2 to:5 3 0 3. J>3to<4 38 4. 4to<_5 55 5. 5to<_6 75 TABLE 2 DISTANCE FROM NOISE RECEPTOR'S PROPERTY BOUNDARY - INDOOR FANS Item Column 1 Column 2 Distance (m) Number of spray booths in the facility Distance (m) 1. 1 40 2• 2 55 3. 3 75 TABLE 3 DISTANCE FROM NOISE RECEPTOR'S PROPERTY BOUNDARY - OUTDOOR FANS Item Column 1 Column 2 Distance (m) Number of spray booths in the facility Distance (m) 1. 1 60 2. 2 85 3. 3 120 Tim Krsul - Ontario Ministry of the Environment and Climate Change - Barrie District Office - 54 Cedar Pointe Drive - Unit 1201 - Barrie, ON, L4N5R7 - (905) 836-2751 DISTANCE FROM FACILITY'S PROPERTY BOUNDARY Item Column 1 Column 2 Distance (m) Facility -wide coating application rate under normal operation (litres per hour) Distance (m) 1. 52 3. 3 2. >2to<_3 20 3. > 3 to:5 4 38 4. > 4to<_5 55 5. > 5 to _< 6 75 TABLE 2 DISTANCE FROM NOISE RECEPTOR'S PROPERTY BOUNDARY - INDOOR FANS Item Column 1 Column 2 Number of spray booths in the facility Distance (m) 1. 1 40 2. 2 55 3. 3 75 TABLE 3 DISTANCE FROM NOISE RECEPTOR'S PROPERTY BOUNDARY — OUTDOOR FANS Item Column 1 Column 2 Number of spray booths in the facility Distance (m) 1. 1 60 2. 2 85 3. 3 1120 Tim Krsul -Ontario Ministry of the Environment and Climate Change -Barrie District Office - 54 Cedar Pointe Drive -Unit 1201 -Barrie, ON, L4NSR7 - (905) 836-2751 ____. ___We _also feel_this"ga_rage" does not conform to neighbourhood standards and safety regulations. There is a new addition to the Lake Simcoe Protection Act policy-12.6T—states the use of auto-body-and-itsregulations and`land--use to -be compatible with proper conforming and at least 60 metres in setbacks from neighbouring residential. The garage would have to be designed to buffer noise, odour and contaminants. Why not make this a residential zoning, and conform to what is existing in the neighbourhood now. We do not object to the two lots, but object to three, as this will create more problems with this lot, as this will create more density than there already is, without making accommodations for the parking and traffic problem. General Outline of our Concerns: 1. Not conforming to the Lake Simcoe Protection Act ... new policy 1.2.6.1 2. Previous Safety issues with fire marshall and Ministry of Enviroment, 3. Always was used an autobody and paint shop 4. Parking is congested and encroaching on to busy Shanty Bay rd.and does not comply with Oro medonte parking bylaws 5. Recreational trails, and school bus stops at the corner of Colbourne and Shanty bay rd. Safety is an issue, with traffic and people. Fatal accident at the site a few years ago. 6. Apartments need parking and are not retrofitted, causing congestion at that site. 7. Apartments do not meet oro medonte bylaws 8. illegal paint stack and paint booth 9. Antiquated zoning without conforming to the Lake Simcoe Protection Act which protects all of us, the environment. 10. Watershed lands and must meet the proper criteria for operating this business 11. No site inspection was done and no environmental study Level 2 was done. 12. This land was used as a autobody for over 50 years, we are concerned the land is contaminated. 13. -No cu vents for water rung , and drainage f&—o -_ er septic systems or an - - - - - oJ_d bu-i.lding,- -- - --- --. - - - 14. Asking for new residential lots, without addressing the parking and vehicle congestion that will create in the future. 15. Does not conform with the essence of the neighbourhood being waterfront residential and recreational. The Lake Simcoe Protection Plan and Act states: "Where there is greater cooperation, Leadership, and responsibility among all parties to protect the Lake Simcoe Watershed for present and future generations. Where citizens, governments, businesses and industries are stewards of the land, water and natural heritage. We are asking that the applicant reconsider his application and take responsibility for the nature of the land, the proper cleanup of the land surrounding area. We would like to remain a safe and quiet residential community. — e �r.s POW J! .: _ gist _ Ilk L/ f-/ —> fC U- -Wol � ( ,fir• 'F ' � F .w� • W Poll) 10 fl-l"f "Mq PUBLIC MEETING posed Amendments to unship of Oro-Medonte Official Plan and Zoning By-law 97-95 December 10, 2014 APPLICATIONS 2014-OPA-01 & 2014-ZBA-02 Lover's Harbour Inc. 298-302 Shanty Bay Road Township of Oro-Medonte 2014-OPA-01 & 2014-ZBAmO2 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 la s located at 298,. 300 & 302 Shanty Bay R ad, described as Plan 1., E Pt Lot 16., W Pt Lot Pt Blk H and RP 51 R-37843, Part 1, and Pt Lots and 16, Pt Blk H, Township of Oro-Medonte. 2014-OPA-01 & 2014mZBAmO2 The Official Plan Amendment proposes additional wording in Section C2.3 that would permit the creation of two new residential lots. The Zoning By-law Amendment proposes the following; A ne Residential One Exception (R1 *-) Zone to permit resi ential lots with minimum lot frontages of 21.0 metres a , d minimum lot area f 0. 13hectares; mend the existing Local Commercial Exception 116 (LC* 116) Zone to continue to permit the motor vehicle repair garage, recognize a minimum rear yard setback of 4.87 metres, recognize a minimum lot area of 0.1 15 hectares, and minimum frontage of 28.5 metres. 114-OPA-01 & 2014mZBAmO2 .4 n Shanty Bay Road — 0.26 ha (0.65 ac), 43 m (141 ft) frontage Shanty Bay Road — 0.2 ha (0.49 ac), 28.5 m (93.5 ft) frontage Shanty Bay Road — 0.21 ha (0.51 ac), 32 m (105 ft) frontage isting) 2014-OPA-01 & 2014-ZBA-02 17. a LOT 1 ';LOT P. 2 1,362m2 1,326ml 0.33 ac. i 0,33 ac.' Cirtl� D t0a8Gfwe waU �•... lor-Athon �coaabis wPi `J lion 2000 sq. fit. Existing ,�� � L3 Garage -)o p 1,316m - 0.32 ac.�„ - F PEIf V�T: LO 2000 sq�"— �- C/) 153 x ' LOT 4 ,, w 1,240 m 13.93 Z - -- 0 0.31 ac.,-" i A On 0 ilo o m SHANTY BAY ROAD & 2014mZBA-02 OFFICIAL PLAN w Dural Designation w Permitted uses: ® Agriculture & related uses ® Single detached dwellings ® Bed and breakfast establishments, home occupations & industries w Institutional uses ® Existing tourist commercial uses 2014-OPA-01 & 2014-ZBAmO2 Space t& Residential One Residential One k -i C U o v O :; E U {CC` a v REU O t& Residential One Residential One k -i C U o m E U a- Residential On RQS�dej-,t'sa10 Zoning Bylaw 298 & 302 Shanty Bay Road are zoned Residential One (R1) Zone. 300 Shanty Bay Road is zoned Local Commercial Exception 116 (LC* 116) Zone which permits a motor vehicle repair garage in addition to other permitted uses in the LC Zone. 2014-OPAmOl & 2014-ZBAmO2 RI Zone permitted uses: Single and Semi- detached dwellings Home occupations, private home daycare w LC Zone permitted uses: Banquet halls Busines offices Com ercial schools Con enience retail sto s C , stom workshops �seums ersonal service Day nurseries Dry cleaning distribution depots Financial institutions Funeral homes Hotels Medical clinics shops Residential care homes Private clubs Private schools Recreational uses Repair shops Restaurants Retail stores Service shops, light Veterinary clinics Local Commercial Exception 116 Zone lists a motor vehicle repair garage as an additional permitted use 2014mOPAmOl & 2014mZBAmO2 Public Notice Sign l IM AfF - y oh PA 1101 Wiml iCiO 'A r- aii7w i S �'oc•.:,:... -.�...�. ■ ._�9 .ice"r --- lEk a r mlw Ell 0 N • iCiO 'A r- aii7w ZIIFll 4�UPA�Ul ZU1 4�ZBAmO2 1 -.4 W i ,i -00 aSr.�s •c• � \� CT�-..!~ m2 `lV� �. ;� I i EA 15 0 1 WIM I i VZOWU I i EA IVA am fi IMP WIF PIN - it I 2014-OPA-01 & 2014mZBAmO2 This is a summary of Applications 2014-OPA-01 and 2014-ZBA-02 which propose to re -designate and rezone the subject lands to; rzthe creation of 2 new residential lots having ied lot ares and frontages 'cognize the modified lot area,, frontage and ucture setbacks of an existing commercially -zoned roperty, UESTIONS OR COMMENTS FROM THE PUBLIC AND MEMBERS OF COUNCIL WILL NOW BE HEARD 0 m 11"'le .- 0 JIM-- ALI I i �11�1 IMP INNOVATIVE rt,ANNING SOLUTIONS SUBJECT LANDS 000 0000 0.006 0000 6600• •••* 0000 • • Two PARCELS 2 S B SHANTY BAY • DWELLING • 1 DRIVEWAY • ACCESSORY STRUCTURE 300-302 SHANTY BAY COMMERCIAL STRUCTURE (2 APARTMENTS ABOVE) 3 DRIVEWAYS PARC 2 RESIDENTIAL DWELLINGS 2 SEPTIC SYSTEMS VARIOUS ACCESSORY STRUCTURES Ll -IF 1-1 298 SHANTY -BAY- 4- RPAD 300 SHANTY BAY ROAD " — - at 302 SHANTY BAY ROAD 30-2 SHANTY BA k." ROAD INNOVATIVE PLANNING SOLUTIONS APPLICATION CONTEXT • • S ITE: FRONTAGE: 67.2m COLBORNE 1 04.6m SHANTY BAY ROAD �_1To". 0.7 HECTARES (1.7 ACRES) DETACHED RESIDENTIAL DWELLINGS TWO-STOREY COMMERCIAL BUILDING WITH APARTMENTS ABOVE MULTIPLE ACCESSORY STRUCTURES SURROUNDING: CITY OF BARRIE RESIDENTIAL RURAL RESIDENTIAL SHORELINE RESIDENTIAL COMMERCIAL PLAZA LAND USE DESIGNATION & ZONING BY-LAW TOWNSHIP ❑F ORD-MEDONTE OFFICIAL PLAN SCHEDULE "A" TOWNSHIP OF OR❑-MED❑NTE ZONING BYLAW SCHEDULE A-1 ••• 0000 0000• 0000 0000• 0••0 0000 • • 1 INNOVATIVE PLANNING SOLD CONCEPTUAL SITE PLAN - nv fey• Rio $CLOTS --- 1,362m� 0.33 ac. w,.w. 0-33 y fi awkw A y U) LLT W i - z .8 qri 0.31 ac' Q o 0 - - M o � O SHANTY BAY ROAD ••• 0000 0000 0000 0000• •000 0000 • • • COMMERCIAL 1 EXISTING COMMERCIAL STRUCTURE 1 EXISTING ACCESS TO REMAIN ti RESIDENTIAL 4 RESIDENTIAL LOTS TOTAL 1 EXISTING DWELLING TO REMAIN LOTS OF SAME CHARACTER AS SURROUNDING LOTS ALONG SHANTY BAY ROAD • CLEAN-UP EXISTING NON- CONFORMING USE OF TWO DWELLINGS AND ONE COMMERCIAL FACILITY ON A SINGLE LOT • 5.0M ROAD WIDENING ON SHANTY BAY ROAD 0 1 5.0M SIGHT TRIANGLE ■m=2r-A=i jl�dm v lk 7 i INNOVATIVE PLANNING SOLUTIONS ■■=7l%=lrjll wm y t - 7.ri INNOVATIVE PLANNING SOLUTIONS OFFICIAL PLAN ���• 00000 0000 AMENDMENT APPLICATION ::::' r s Fxis[ing to mil F- U) LiJ do 104.64 TOTAL BITE AREA oan.c,.r�.ef SHANTY BAY RL _ a CTS S7 LAW406 TO BE PIAL PRO"WOW RURAL TO RURAL APPLICATION PROPOSES TO REDESIGNATE FROM: • RURAL (R) TO RURAL SUBJECT TO SPECIAL PROVISIONS (R*SP) ZONING BYLAW AMENDMENT APPLICATION las SM J -. 4-1 '' 0 _..+ + + + + + U rs.l 1 _ + + + + + + ' + + + r ry 21.55 21,50 -f- '+ +' + ' 104.64 !R PJ" ®:MX 0 7Mf� »wA SHANTY BAY ROAD•��«�� DpA! tt,ttlaDdfM117ME •.RRAlL.VdD�IdYli Ar)snre oAM fist �fl 4t Tom�oMec raaeH►wta�c►a I ttat,"*mm7n LOW CONAWWL. spe" 1111OffltllOM tlC j 2eN! G7t. GA Lamlammmm"mm LOCKCOwmwoN; F tin►t'tuimre to ae: L omw ter_ mm 3 4YM 1r (�t711q H W Ir m 0 APPLICATION PROPOSES TO REZONE FROM: • RESIDENTIAL 1 (R 1 ) TO RESIDENTIAL 1 SPECIAL PROVISIONS (R1 *S P); • LOCAL COMMERCIAL (LC* 1 1 6) To LOCAL COMMERCIAL SPECIAL PROVISIONS (LC*S P); • LOCAL COMMERCIAL (LC* 1 1 6) To LOCAL RESIDENTIAL 1 SPECIAL PROVISIONS (R1 *S P); AND R 1 ZONING COMPARISON * Required Special Provision highlighted in yellow R1 *SP would permit: • Residential lots to possess a minimum lot frontage of 21.0 metres; and • A minimum lot area of 0.12 hectares ••• 0000 0000• 0000 0000• 0000 • • PROVISION REPUIREMENT PROVIDED PROVIDED PROVIDED PROVIDED Lot Area (min) 0.2 ha 0.13 ha 0.13 ha 0.13 ha 0.12 ha Lot Frontage (min) 30 m 21.5 21.5 21.3 m 25.8 m Front Yard (min) 7.5 m > 7.5 m > 7.5 m > 7.5 m >7.5 Interior Side Yard 2.5 m 2.5 m 2.5 m > 2.5 m 2.5 (min) Exterior Side Yard 4.5 m N/A N/A N/A >4.5 m (min) Rear Yard (min) 7.5m >7.5m >7.5m >7.5m >7.5m Dwelling Unit 1s' 90 m2 >90 m2 >90 mz > 90 m2 > 90 m2 Floor Area (min) Height (max) 11 m < 11 m < 11 m < 11 m < 11 m * Required Special Provision highlighted in yellow R1 *SP would permit: • Residential lots to possess a minimum lot frontage of 21.0 metres; and • A minimum lot area of 0.12 hectares ••• 0000 0000• 0000 0000• 0000 • • LOCAL ZONING ••• COMMERCIAL 00000 •••• 0000• COMPARISON 0000 • • PROVISION LC Lot Area (min) REQUIREMENT 1850 m2 .. 1153M2 Lot Frontage (min) 30 m 28.52 m Front Yard (min) 7.5 m 3.79 m Interior Side Yard (min) 3.0 m >3.0 m Rear Yard (min) 7.5 m >7.5 m Height (max) 11 m < 11 m * Required Special Provision highlighted in yellow • LC*SP would permit: • A minimum lot area of 11 50 m2 • A minimum lot frontage of 28.0 m • A minimum front yard setback of 3.7 metres LEGAL NON- CONFORMING USE TOWNSHIP OF ORO-MEDONTE ZONING BYLAW NON -CONFORMING USES ••• •••• 0.000 0900 0000• 0000 A non -conforming use is defined as a use that exists on a property but which is not permitted in the zone in which the property is located. Section 34(9) of the Planning Act states that no zoning by-law can prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land was lawfully used on the day of the passing of the by-law, so long as it continues to be used for that purpose. However, expansions to a legal non -conforming use will require the approval of an amendment to the zoning by-law or the approval of the Committee of Adjustment before it can occur. Provincial Policy Statement r PLANNING POLICY 000 996* 0000• 0000 00000 ••00 ••00 0 0 • APPLICATION IS CONSISTENT WITH PLANNING POLICIES BY: * REJUVENATION OF SITE AND AREA. * COMPATIBLE WITH THE SURROUNDING LANDSCAPE LOT DESIGN OF THE SAME CHARACTER & FABRIC AS NEIGHBOURING LOTS * CAN BE SUSTAINED BY RURAL SERVICE LEVELS ;4 MAINTAINING SUITABLE SITE FOR EMPLOYMENT USES DEVELOPMENT WILL ENHANCE THE SUBJECT LANDS AND CREATE A HIGHER PROPERTY STANDARD PLANNING POLICY 000 0000 0000• 0000 0000 • • APPLICATION IS CONSISTENT WITH PLANNING POLICIES BY: ct MAINTAIN RURAL RESIDENTIAL CHARACTERISTICS 4 No IMPACT TO NATURAL CHARACTER / VEGETATION * APPROPRIATE SCALE OF DEVELOPMENT & ENHANCE STREETSCAPE CONTRIBUTE TO VISUAL AND ECONOMIC ENHANCEMENT OF THE TOWNSHIP. (a) Lake Simcoe Region conservation authority LAKE S I M C❑ E I ••• Thank -you for circulating the Official Plan and Zoning By -Law amendments to the Lake Simcoe Region Conservation Authority (LSRCA) for our review.. We have reviewed these applications in the context of the Provincial Policy Statement (PPS) and Lake Simcoe Protection Plan (LSPP). Based on existing environmental mapping the subject properties are located outside: • Any natural hazard lands such as floodplain • Any natural heritage features such as wetlands • Any area governed by Ontario Regulation 179/06 On this basis, the LSRCA has no objection to the approval of these applications. We note that through the municipal site plan process a storm water management report will be required to address water quality and quantity controls as per Section 4.8 DP and 4.9 DP of the LSPP. Please acme us of any decision on this application. Sinderel CharfesT, Bur est( M1CIPf RPP Senior Marinkio Nordinator REG 10 N ••••• CONSERVATION •••• AUTHORITY • Thank -you for circulating the Official Plan and Zoning By -Law amendments to the Lake Simcoe Region Conservation Authority (LSRCA) for our review.. We have reviewed these applications in the context of the Provincial Policy Statement (PPS) and Lake Simcoe Protection Plan (LSPP). Based on existing environmental mapping the subject properties are located outside: • Any natural hazard lands such as floodplain • Any natural heritage features such as wetlands • Any area governed by Ontario Regulation 179/06 On this basis, the LSRCA has no objection to the approval of these applications. We note that through the municipal site plan process a storm water management report will be required to address water quality and quantity controls as per Section 4.8 DP and 4.9 DP of the LSPP. Please acme us of any decision on this application. Sinderel CharfesT, Bur est( M1CIPf RPP Senior Marinkio Nordinator CONCLUSION • PROPOSAL AIMS TO IMPROVE AND REJUVENATE A HIGHLY VISIBLE, DECAYING AREA OF THE TOWNSHIP ••• 0000 0000• •00• 0000• ••00 0000 • • • CREATES SINGLE FAMILY DWELLINGS ON LOTS OF THE SAME CHARACTERISTICS AS SURROUNDING LOTS • CREATES LARGE DAYLIGHTING TRIANGLE AND ROAD WIDENING • CORRECTS EXISTING LEGAL -NON CONFORMING SITUATION WHEREBY TWO DWELLINGS AND ONE COMMERCIAL STRUCTURE EXIST ON A SINGLE PARCEL OF LAND • DEVELOPMENT CONSISTENT WITH ALL LEVELS OF PLANNING POLICY. THANK YOU 105-55 .18 17. LOT 3 1,316m 0.32 ac- w-41 LOT 1 �OT2 1,362mz 1,326M2 xmslb24" rk 0-33 ac. wp0.33 ac w- t3f* vwbr rw* iocaoon br,~ LOT 5 1, 153 kx-mlc� j 4,8 71 pDssbie %*Prx "ar�4 "ON sq I ft LOT �4 13-93 031 ac .00 AV 15-00 IA 000 0000 00006 0000 00900 0000