Loading...
11 04 2015 2015-ZBA-13 (Jocelyn McArthur (Griffiths))-.,r + &- 6tAr% ,ffez& tie NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY-LAW OF THE TOWNSHIP OF ORO-MEDONTE 2015-ZBA-13 (Jocelyn McArthur (Griffiths)) TAKE NOTICE that the Township of Oro-Medonte deemed the following application to amend the Township's Zoning By-law 97-95, as amended, as a "Complete" application under Section 34 of the Planning Act, R.S.O. 1990, c. PA 3 on the 14th day of October, 2015. AND TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Wednesday, November 4, 2015, at 7:30 p.m. in the Municipal Council Chambers, 148 Line 7 South. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By-law, under Section 34 of the Planning Act. THE PURPOSE of the proposed Zoning By-law Amendment is to rezone a portion of the lands within Concession 1, Part of Lot 7 (Oro), known municipally as 421 Penetanguishene Road, from the Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU"##) Zone to, in addition to the currently permitted uses in the A/RU Zone, permit on the lands the following uses: winery/cidery, tasting room, hospitality room, retail sales, tied room and special event facilities. 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 Amendment. Please be advised that your comments and submissions will become part of the public record. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Oro-Medonte before the proposed zoning by-law amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Oro-Medonte before the proposed zoning by-law amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed zoning by-law amendment, you must make a written request to: Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, Ontario LOL 2120 Attention: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment 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 15th day of October, 2015. nndria Leigh, MCIP, RPP Director of Development Services From: Logan Juffermans rmailto:IiuffermansC�nvca.on.cal Sent: Friday, October 30, 2015 3:11 PM To: Witlib, Derek <dwitlibCcioro-medonte.ca>; Irwin, Doug <dirwin(a)_oro-medonte.ca> Cc: Timothy Salkeld <tsalkeld(a)_nvca.on.ca> Subject: NVCA Comments: Minor Variance A-36/37, Zoning Amendment 13 Good afternoon Mr. Witlib and Mr. Irwin, Thank you for the circulation of notice for zoning by-law amendment 2015-ZBA-13 (McArthur Griffiths) and for the circulation of 2015-A36 (Lloyd) and 2015-A37(Flegel). For 2015-ZBA-13, based upon the mandate of the NVCA, we have no objection to this proposed zoning amendment. We note the proposed development may require a permit or approval from the NVCA under Ontario Regulation 172/06, established under the Conservation Authorities Act. For 2015-A- ,the proposed garage will occur outside the NVCA regulated area and therefore we have no objects to the approval of this minor variance. For 2015-A-37, the p posed deck does occur within the NVCA gulated, however such work is deemed minor in nature ith no requirement for permits or approv . Based upon the NVCA's mandate we have no obje 'on to the approval of this minor variance, nd this email may serve as a clearance for the work propo d. We would advise that future work on th property may require a permit or approval from the NV A. Thank you again, and please forward a copy of any decisions. Sincerely, Logan Logan Juffermans IPlanning Assistant Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1 TO T 705-424-1479 ext. 244 1 F 705-424-2115 ljuffermans@nvca.on.ca I nvca.on.ca This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. COUMY OF SIMCO� November 3, 2015 County of Simcoe Planning 1110 Highway 26, Midhurst, Ontario LOL 1X0 Main Line (705) 726-9300 Toll Free 1-866-893-9300 Fax (705) 727-4276 simcoe.ca PLANNING Derek Witlib Manager, Planning Service VIA EMAIL Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON LOL 2E0 Dear Mr. Witlib, RE: Zoning By-law Amendment 2015-ZBA-13 Part Lot 7, Concession 1, 421 Penetanguishene Road (County Road 93) Township of Oro-Medonte Thank you for circulating the above noted application to the County of Simcoe for comment. It is County planning staff's understanding that the applicant is proposing a site specific exception in the `Agricultural/Rural' Zone to permit a winery/cidery, tasting room, hospitality room, retail sales, tied room and special events facilities on 1 hectare of the subject lands. It is also understood that the proposal will be subject to site plan approval. The subject property is 16 hectares (40 acres) in area with frontage onto County Road 93 (Penetanguishene Road). Planning Comments The subject lands are designated 'Agricultural/Rural' in the County Official Plan (consolidated 2007). The subject lands are primarily designated `Agricultural' within the Local Official Plan and are therefore subject to the General and Agricultural policies of the approved County of Simcoe Official Plan. Section 2.3.3.1 of the Provincial Policy Statement (PPS) 2014 states that "in prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture -related uses and on-farm diversified uses. Proposed agriculture -related uses shall be compatible with, and shall not hinder, surrounding agricultural operations." Agriculture -related uses are defined as farm -related commercial and farm -related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Approved policy 3.6.6 of the County Official Plan (Modified 2012) also permits agriculture -related uses and agricultural produce sales outlets generally marketing production from the local area within the Agricultural designation. The definition of agriculture -related uses is also approved in the Modified 2012 County Official Plan and is consistent with the PPS definition. PLD -003-001 As noted in Section 2.3.3.3 of the Provincial Policy Statement and County Official Plan (Modified 2012) Policy 3.3.14, new land uses shall comply with the Minimum Distance Separation formulae (MDS). The County also notes that the Township should satisfy itself regarding whether the proposal meets the requirements of MDS. The proposed use of a winery/cidery appears to meet the criteria of an agriculture -related use as per the PPS 2014 and the County Official Plan. However, the application proposes a number of secondary uses (retail sales, tasting room, hospitality room, tied room and special events facilities). The County is supportive of the municipality's request for additional information related to defining these uses including specific floor areas and would ask if these details be circulated to the County for review as well. These details would also be helpful to determine any potential compatibility issues or traffic impacts on the County Road system. Transportation/Engineering Comments County Road 93 (Penetanquishene Road) The County's Transportation and Engineering Department has reviewed the proposed zoning by-law amendment to permit a winery/cidery and associated uses. The existing right-of-way on County Road 93 adjacent to the subject property is approximately 26 metres wide. In accordance with Schedule 5.5 of the Simcoe County Official Plan, the required basic right-of-way width for County Road 93 is 36.0 metres. County staff has reviewed this requirement and feel that the full right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 93. In order to meet this right-of- way requirement, the County will require a road widening of approximately 5.0 metres. The Transportation & Engineering Department has not objections to the approval of the application but would like the opportunity to review and comment on the site plan control application when submitted. The County may request that the applicant complete the following prior to site plan approval. 1) Complete a Site Plan Review form and return it to the County with payment. 2) Apply for an Entrance Permit from the County of Simcoe for the proposed use in accordance with the requirements of County Entrance By-law 5544 to upgrade the existing entrance to a commercial entrance. 3) Submit a Traffic Impact Brief, to the satisfaction of the County, which assesses the effects that this development's traffic will have on the transportation network in the community. 4) The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in the following: a. A road allowance widening along the entire frontage of the subject property adjacent to County Road 93 to provide an 18 metre right-of-way from the centre of line of County Road 93. 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 site plan approval 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 pursuant to section 41(8)(9) 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 93 are required pursuant to the County's standards for the construction and is consistent with proper safety standards. 5) The County's Road 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; septic systems and fields, and wells. 6) A sign permit will be required from the County for any proposed signs. Summary The County would request that a Traffic Impact Brief be completed and submitted to the County for review prior to any further consideration of the proposal. The County would also ask that further details on the proposed secondary uses be circulated for review following receipt by the municipality. If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-726-9300 Ext. 1185 or tiffany.thompson(cr�simcoe.ca Sincerely, The Corporation of the County of Simcoe Tiffany Thompson, BES MCIP RPP Planner II cc: Nathan Westendorp, Manager of Development — County of Simcoe Paul Murphy, Engineering Technician 11 — County of Simcoe VF"i imc a County District School Board 170 Highway 26 West Phone: (705) 28-7570 Midhurst, Ontario Fax: (705) 728-2265 LCL I XO +www .scdsb.on,ca October 20, 2015 Ms. Andria Leigh, MCIP, RPP Director, Development Services Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh: ZONING BY-LAW AMENDMENT JOCELYN McARTHUR (GRIFFITHS) 421 PENETANGUISHENE ROAD TOWNSHIP OF ORO-MEDONTE NO.2015-ZBA-13 Thank you for circulating a copy of the proposed Zoning By-law Amendment Application for the above -noted property to this office. The applicant has applied to amend the current Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU*##) Zone to, in addition to the currently permitted uses in the A/RU Zone, permit on the lands the following uses: winery/cidery, tasting room, hospitality room, retail sales, tied room and special events facilities. Planning staff have no objection to the proposed zoning by-law amendment. Elementary students residing in this area may attend Shanty bay Public School and secondary students will be bussed to Eastview Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacek, MCIP, RPP Senior Planner Development Services Committee PUBLIC MEETING November 4, 2015 7:30 pm — Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) %carr nR/��1s itroiu( Hrritngr, lSxririnx F'ntnrr Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) Location: 421 Penetanguishene Road Concession 1, Part of Lot 7 Current Zoning: Agricultural/Rural (A/RU and FI-ood Plain Overlay. (FP3 Current Official Plan Designation: Agricultural Township of-�—��q�i'� Prated Hrritage. Exciting Putnrr Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) Purpose of Application: Zoning By-law Amendment — the purpose of the proposed Zoning By-law Amendment is: To rezone the lands located at 421 Penetanguishene Road from the Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU*##) Zone to permit the following uses: winery/cidery, tasting room, hospitality room, retail sales, tied room, and special event facilities linr+ers)rip of Pnau1 llrritnge, L"xriting I�uwrt Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) Public Meeting sign posting Nor+d Nrritnyr. Exciting !`tuna Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) 7itwnsitip of Pn+nd Heritayr, lsritiug T�ntr+re Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) 0 Prond Hrritngr, Excising Pnlnrr � • ,. r• _ � _. -: � �. '•� � r L Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) k •:f 'f"fir Prand Heritage, Exciting fintnrr Application 2015-ZBA-13 (McArthur/Griffiths) The applicant's submission for the Zoning By-law Amendment application includes: ■ Planning Justification Report including Agricultural Capability by Skelton Brumwell & Associates October 2015; ■ Market/Business Plan Details ■ Transportation Brief ■ Conceptual Site Plan [tlf't141, of Pnnul tlrritnVe, Exciting haver Application 2015-ZBA-13 (McArthur/Griffiths) Official Plan: The property subject to the application is designated: • Agricultural As shown on Schedule A of the Township's Official Plan Titunrsliip aJ . Prarrd Ilrritngr, luritiu_g 1�'nrnra• See. OPA 3 Subject Lands Application 2015-ZBA-03 Lafarge Canada Inc. Official Plan — Land Use Schedule A r�u„shasOf G�J►t?�i Prned Heritage, 6xri7iug Pubire Application 2015-ZBA-13 (McArthur/Griffiths) Official Plan Policies: • Section C1 —Agricultural policies • C1.1 Objectives — to maintain and preserve the agricultural resources base, to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township • C1.2 Permitted Uses — home occupations and industries, storage facilities for agricultural products, greenhouses, farm related tourism establishments, agriculturally -related commercial uses, commercial uses on farm properties and seasonal home grown produce stands • No Official Plan Amendment required • Site Plan Approval is required lim / te, Yroi�d !lrrihr(�r, 1L�ritiny Pntr�r� Application 2015-ZBA-13 (McArthur/Griffiths) Zoning By-law 97-95: The subject lands are currently zoned: • Agricultural/Rural (A/RU) and Floodplain Overlay (FP) As shown on Schedule A9 of the Township's Zoning By- law. 7;mwshiy < f Pn nd UrriteWe. tixritit(p Futrow nu — naavu ulayuaau LC — Local Commercial GC - General Commercial A/RU - Agricultural/Rural EP - Environmental Protection OS - Open Space PR - Private Recreational FP I - Floodplain Overlay MAR1 - Mineral Aggregate Resource One MAR2 - Mineral Aggregate Resource Two I - Institutional FD - Future Development iia Application 2015-ZBA-13 McArthur/Griffiths ZONING FABRIC — ZONING BY-LAW 97-95 : TowM1110 o f Pm id Hrcitage, rxcifing rutarr Zoning By-law Amendment 2015-ZBA-13 (McArthur/Griffiths) Conclusion This concludes staff's summary/overview of the planning context and summary of Application 2015-ZBA-13 for the Zoning By-law Amendment. A further presentation from the applicant's consultant, Mr. Gary Bell of Skelton Brumwell & Associates Inc., that details more specific information regarding their proposed application and the technical information submitted in support of the application will now be provided. Once completed comments from the public and members of the Committee/Council will be received. T It 1,10 aJ Jhond Hcrinryr, lisriti�{y I�utrr u� Heritage Estate Winery & Cidery 421 Penetanguishene Road Oro-Medonte Public Meeting for Rezoning to add agricultural processing as a permitted use. November 4, 2015 elton Brumwell INNING ENVIRONMENTAL CONSULTANTS Lard Use Agma ral*v sled 15 It. Area to be r med tat processmg and sale of processed promxz. 1 ha Total Area 18 ha N LEGEND 9(Y 0 80 180 240 metres Property 8otxtd-Y SCALE 1:4000 tilff:A ReguWtea At e Larxis to be Rezoned to AiRU - Speci31 location Part Lot 7. Concessran 1 EPR "enrage Estate Winery: Cid-r 421 Penetangumherre Road Property and 7_onmg Plan Scale 1'4000 P7 2879 1 Seatember 2015'. © Skelton Brumwell : t ENGINEERING PLANNING ENVIRONMENTAL CONSULTANTS Official Plan Schedule A -15 LEGEND Rural 0 Agricultural Residentla.l Rural Settlement Area TRural Resldentlal Rural Restricted Sr r� i ustrIal Cornmerdal sherellne Recreatldnal Major Open space The principle use of land in the Restricted Rural designation shall be agriculture. Goals *To ensure that agriculture remains an integral part of the economy of the Township and the County. *To encourage the establishment of farm -related uses and other secondary uses on farm properties to improve the livelihood of area farmers. *To encourage the maintenance of the character of agricultural areas by maintaining farm buildings and other elements of the built and natural landscapes that contribute to that character © Skelton Brumwell I ENGINEERING PLANNING ENVIRONMENTAL CONSULTANTS Zoning By-law Map A-9 1> FP(H) B4 4 1 A/RU -- Agricultural/Rural EP -- Environmental Protection OS - open Space PR -- Private Recreational FPI - Floodplain overlay The property is Zoned Agricultural/Rural (A/RU). There is an overly Floodplain (FP) zone on the front portion related to the floodplain of Willow Creek. The A/RU zone permits: Agricultural uses Agricultural uses, specialized Farm produce sales outlets © Skelton Brumwell ENGINEERING PLANNING ENVIRONMENTAL CONSULTANTS ab a U i N Lard Use Apriaix.4wooded 15 ha LEGEND Arab be renarred for pocessinp and sak of pocessed WoA ces. 1 ha 30 a 80 180 .240 roes— Property Botardary Tod Area ie ha SCALE 1:4000 DTT"1 NVCA Re4Wsted L1 L �i Arm Lands to be Rezoned b AIRU - Exomo rF ordwd V-Kleom .. Herftape Orchard f Locomm Pad Lot 7, Coneesm 1 EPR Hentape Estate Win y ! Gdery 421 Penetanpuishene Road Property and Zonmq Pram Sc W 1:4000 Proposed Rezoning • In addition to the permitted A/RU uses, on land zoned A/RU* xxx the following additional uses are permitted: AGRICULTURAL PROCESSING Means a facility to process farm products including fruits and vegetables and includes a winery and cidery. CIDERY Means a facility in which cider is produced and sold. WINERY Means a facility in which wine is produced and sold. Accessory uses including tasting room, hospitality facilities and special event facilities. The accessory retail component of an agricultural processing use shall have floor area of no more than 200 square metres. © Skelton Brumwell I ENGINEERING PLANNING ENVIRONMENTAL CONSULTANTS The proposed Zoning By-law Amendment: • is consistent with the Provincial Policy Statement in that the proposed uses will provide for the production of value added agricultural products and facilities to promote enjoyment, and education related to the farm operation. • is in conformity with the County of Simcoe Official Plan in that the proposed uses, including agriculture, related uses, and processing and sales of agricultural produce are permitted. • is in conformity with the Township of Oro-Medonte Official Plan: maintain and enhance the agricultural resource and associated activities; contribute to the economy of the Township —value added products, and preserves and promote agriculture in the Township. © Skelton Brumwell ENGINEERING PLANNING ENVIRONMENTAL CONSULTANTS x Ontario CIDER WEEK MAY 30 - JUNE 6, 2015 Jae tb S W d Ctdu xw�h,'m M �h oqr 5o LN.n fxa an d O .(e1 fiwa: oma...'.. c ,d...».t.� �. abu.{ delnkd wrn.r SAT MAY 30 : �'�'"""" " :t.ee,l�mote Ja.aJ.u.b im.mae... tiU.n... SUN MAY 31 ........_ ..................k..................... _...... .._..._...._......�.. MON JUNE 1`;�' " - - - -- ...._..........._....-........ .. _._.... TUES JUNE 2 .................. ...... ..... A................._............................_._... TIED JUNE 3 ZVI ............THUR JUNE 4:11 .,4 ........... ...... FR[ JUNE 5 """`�`"""" � ati�.,wwa.,.a... t.�.o.,.rn ............ ..... .....I._. : D.ran.0 Jp,rtvxxa.h.Nncna..o.e SAT JUNE 6 °S-S.-AMtw-.AftMO. ch.ao.,e ,r,.+aQ.��.wroa.,.aa.& hAbpol6"' Heritage Estate Winery & Cidery