10 15 2003 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, OCTOBER 15, 2003
TIME: 7:00 P.M.
...... . ........ ... .. . ...... .. ... . ... . .. .. . ... ..... .... ... ............ ...... ........... .... ...............
1. OPENING OF MEETING BY THE MAYOR
...
2. PRA YER/CONTEMPLA TION/REFLECTION
3. NOTICE OF ADDITIONS
4. ADOPTION OF AGENDA
5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council Meeting of October 1,2003
7. RECOGNITION OF ACHIEVEMENTS:
None.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
a) 7:10p.m.
Mr. Wayne Wilson, CAO-Secretary/Treasurer, Nottawasaga
Valley Conservation Authority, re: Watershed Based Source
Protection.
b) 7:20 p.m.
Mr. Wayne Wilson, CAO-Secretary/Treasurer, Nottawasaga
Valley Conservation Authority, re: South Simcoe Groundwater
Study [Refer to Item 12e].
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10. CONSENT AGENDA CORRESPONDENCE:
None.
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
None.
12. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. PR 2003-11, Chris Carter, Recreation Co-ordinator, re: Shelter on
the Oro-Medonte Lake Country Railtrail at Cone. 1, Thunder Bridge.
b) Report No. EES 2003-50, Keith Mathieson, Director of Engineering and
Environmental Services, re: Heather Lynn Hughes Site Plan Agreement,
Parcel 9-1, Section 51 M-720, Being Lot 9, Plan 51 M-720 Township of Oro-
Medonte [Refer to Item 16c].
c) Report No. EES 2003-52, Keith Mathieson. Director of Engineering and
Environmental Services, re: FSP Holdings Incorporated Site Plan Agreement
(Settlers Ghost Golf Course) Lot 41 and Part E %, Lot 42. Cone. 2, Being Part
1,51 R-30187, (formerly Medonte), Township of Oro-Medonte [Refer to Item
16b].
d) Report No. EES 2003-51, Keith Mathieson, Director of Engineering and
Environmental Services, re: Weatherwise Aviation Incorporated - Site Plan
Agreement - Part Lot 19, Cone. 7, Parts 3 and 4, Registered Plan 51 R-31319
Together with An Easement over Parts 6 and 7, Plan 51 R-31319, Being all of
PIN #'s 58546-0068 and 58546-0069 [Refer to Item 16d].
e) Report No. EES 2003-48, Keith Mathieson. Director of Engineering and
Environmental Services, re: Continuation of South Simcoe Groundwater
Steering Committee.
f) Report No. ADM 2003-47, Jennifer Zieleniewski, CAO, re: Plan 626
Promenade [to be distributed at meeting].
g) Report No. ADM 2003-48, Jennifer Zieleniewski, CAO re: Request to Waive
Requirements of Zoning By-Law 97-95 (21 Alpine Way) [to be distributed at
meeting].
h) Report No. BD 2003-18, Ron Kolbe. Director of Building and Planning re:
Maria Janneta Request to Temporarily Have Two Residences on Property,
Plan 882, Lot 5, Being More Particularly Described as 1047 Lakeshore Road
East, Oro-Medonte.
13. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole Meeting, October 8,2003.
14. COMMUNICATIONS:
None.
15. IN-CAMERA:
a) Jennifer Zieleniewski, re: Property Matter.
16.BY-LAWS:
A
a) ,By-Law No. 2003-102
b) By-Law No. 2003-104
c) By-Law No. 2003-105
d) By-Law No. 2003-106
e) By-Law No. 2003-103
Being a By-law to de.em certain lands within
Registered Plan' 461, not to be a registered plan of
subdivision for the purposes of Subsection (3) of
Section 50 of the Planning Act (Tansley).
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement between The
Corporation of the Township of Oro-Medonte, and
FSP Holdings Incorporated (Settler's Ghost Golf
Course) described as lands as follows: Lot 41,
and Part East Half Lot 42, Concession 2 Being
Part 1, 51 R-30 187 (formerly Medonte ) Township
of Oro-Medonte.
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement between The
Corporation of the Township of Oro-Medonte, and
Heather Lynn Hughes described as lands as
follows: Parcel 9-1, Section 51 M-720, Being Lot 9,
Plan 51 M-720 Township of Oro-Medonte.
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement between The
Corporation of the Township of Oro-Medonte, and
Weatherwise Aviation Incorporated described as
lands as follows: Part Lot 19, Concession 7, Parts
3 and 4, Registered Plan 51 R-31319, Together
with an Easement over Parts 6 and 7, Plan 51 R-
31319 Being all of PIN #'s 58546-0068 and 58546-
0069 Township of Oro-Medonte.
Being a By-Law to Adopt Amendment No. 18 to
the Official Plan (UCCI).
17.CONFIRMATION BY-LAW NO. 2003-101
18. QUESTIONS AND ANNOUNCEMENTS
19. ADJOURNMENT
.. .
ADDENDUM
,
COUNCIL MEETING
Wednesday, October 15, 2003
9~ ' DEPUTATIONS:
c) 7:30 p.m. Ron Kanter, Representative of the West Oro Ratepayer's Association,
re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA
#18.
12. REPORTS OF MUNICIPAL OFFICERS:
f) Report No. ADM 2003-47, Jennifer Zieleniewski, CAO, re: Plan 626 Promenade (as
listed on main agenda).
g) Report No. ADM 2003-48, Jennifer Zieleniewski, CAO re: Request to Waive
Requirements of Zoning By-Law 97-95 (21 Alpine Way) (as listed on main agenda).
14. COMMUNICATIONS:
a) Brentwood Roofing and Aluminum Works, correspondence dated October 10, 2003
re: Back L Section Roofing Quotation.
b) Barb Gagnon, correspondence dated October 13, 2003 re: Proposed Shelter on the
Railtrail at Concession 1.
,
Est. 1960
hris Carrier, Chair
red Nix, Vice-Chair
layne R. Wilson, C.A.O.
.ur Member
f unicipalities
djaJa-Tosorontio Township
maranth Township
ity of Barrie
own of Bradford-
lest Gwillimbury
'own of Collingwood
'own of The Blue Mountains
:JeaJ'\'iew Township
:ssa Township
'own of I nnisfiJ
ielancthon Township
'own of Mono
,iulmur Township
'own of New Tecumseth
)ro-Medonte Township
_iurucipality of Grey Highlands
rown ofShelbume
;pringwater Township
rown ofWasaga Beach
Watershed Counties
:ounty of Simcoe
:::ounty of Dufferin
:::ounty of Grey
\iernber Conservation Ontario
Nottawasaga Valley Conservation Authority
Centre for Conservation
John Hix Conservation Administration Centre
Tiffin Centre for Conservation
8195 8th Line, Utopia, Ontario LOM ITO
TEL (705) 424-1479, FAX (705) 424-2115
www.nvca.on.ca
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August 21,2003
Jennifer Zieleniewski, CAO
Township of Oro-Medonte
Box 100
Oro
LOL 2XO
Dear Ms. Zieleniewski:
Re: Request for Municipal Support of the Watershed Based Source
Protection Advisory Committee Report
On April 22, 2003, the Province of Ontario released a report prepared by the
Advisory Committee on Watershed-based Protection Planning entitled
"Protecting Ontario's Drinking Water: Toward a Watershed-based Source
Protection Planning framework".
This Planning framework is intended to implement the key recommendations
of Justice O'Conner's Walkerton report, regarding protecting drinking water
sources utilizing a multi-barrier including source protection.
Conservation Ontario, representing Ontario's 36 Conservation Authorities,
including the NVCA on May 26, 2003, passed a motion requesting that our
local watershed Municipalities, "generally support the report and
recommendations of the multi-stakeholder Advisory Committee on a
Watershed-based Source Protection Planning framework..." (Resolution
attached).
Furthermore on August 8,2003 the NVCA Full Authority Membership
passed the following resolution. Staff have been directed to forward this
request for support to our watershed Municipalities.
cont'd...
""
Building Pannerships With Our Community to Conserve our Healt~ Waters
...2
Resolution:
RESOLVED THAT: The NVCA Full Authority supports the positi.on of Conservati.on
Ontario regarding the review of the Watershed Based Source Prot.ecti.on Advisory
Committee Report dated June 6, 2003; and,
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THAT: The NVCA Full Auth.ority supports/endorses the Conservati.on Ontari.o,
Generic Resolution requesting Municipal support for the Source Protection Final
Advisory Report, (res.olution attached); and,
THAT: NVCA staff circulate this resolution to all Authority Municipalities f.or their local
support. .
Also included for y.our information is a copy of the presentation made by the Chair .of
Conservati.on Ontario, Peter Krause, to the A.M.O. delegates on August 19,2003, and
a C.oPy of the Powerp.oint slides from this presentation. I encourage your Municipality
to support the intent of the Conservation Ontario Generic Resoluti.on regarding S.ource
Protecti.on. I would be pleased to make a deputation to Council to provide additi.onal
background or answer any Councilor staff questions regarding this very important
matter.
Hopefully, together with your Municipal support, not only can we support the overall
intent of Justice O'Conner's recommendations, but also make it very clear to the
Province that; "there must be substantial Funding from the Province f.or drinking water
source protection."
Again your Municipal support is greatly needed to ensure the long term protecti.on of
our water source.
0~~
Wayne R. Wilson
CAO/Secretary- Treasurer, NVCA
WW/kw
Encl(1 )
c. Chair, Chris Carrier, NVCA; NVCA Members
Conservation Ontario
Box 11, 120 Bayview Parkway
Newmarket, ON L3Y 4W3
Phone: (905) 895-0716
Fax: (905) 895-0751
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Report to
COUflCil
POLICY AND ISSUES
STRATEGIC COMMITTEE
From May 26, 2003
Meeting
#2/03
ISSUES AND OPPORTUNITIES
Response to SPP Final Advisory Report
THA T the following draft resolution be provided to all consen'ation authorities to use with their
member municipalities:
U1JlEREAS the Source Protection Advisory Committee's Report builds upon the
recommendations of the Walkerton Inquiry.
AND WHEREAS "x" municipality supports the protection of our drinking water resources;
AND WHEREAS "x" municipality supports the coordinating role ih drinking water source
protection planning for Consen'ation Authorities;
AND WHEREAS there must be substantial funding from the Province for drinking water
source protection planning;
AND WHEREAS the impkmentation and funding details for drinking water source protection
is to be developed by the province in consultation with municipalities and other stakeholders;
THEREFORE BE IT RESOL VED THA T "x" municipality generally supports the report and
recommendations of the multi-stakeholder Advisory Committee on a Watershed-based Source
Protection Planning Framework
AND THA T it is recommended that the Province proceed with implementation of the Advisory
Committee's recommendations without delay.
What about
the
"beginning of
the pipe" -
the place
where water
enters the
well or the
river? What
do we do to
protect the
sources of
our drinking
water?
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CONSERVATION ONTARIO
A CONSERVATION ONTARIO PERSPECTIVE
ON SOURCE PROTECTION PLANNING
August 2003
Introduction
Any discussion about source protection planning in Ontario has to start with the
events in Walkerton, over three years ago. Since most people are aware of the
details of the Walkerton tragedy, this presentation focuses on the actions that
have taken place since then to protect Ontario's water supply and what lays ahead for
the province's municipalities and conservation authorities (CAs).
In the aftermath of the tragedy, the provincial government appointed Justice
Dennis O'Connor to conduct a public inquiry into the circumstances of the tragedy and to
develop recommendations on how to prevent another tragedy from occurring. He issued
two reports in:2002, containing a total of 121 recommendations. The provincial
government responded by promising to implement every single recommendation in both
reports.
The result has been a burst of new regulations and legislation in the last year.
Even those municipalities with a sterling record of providing safe drinking water have
found themselves working hard to meet all of their new responsibilities.
Justice O'Connor recognized that there are many things that can be done to
protect our drinking water and human health. We can upgrade our sewer and water
treatment plants, make sure our operators are fully qualified, test our water regularly,
and provide oversight to ensure that all of the regulations are followed.
These are called "end of pipe" solutions, because they are focused on improving
the quality of what comes out of the faucet.
But what about the "beginning of the pipe" - the place where the water enters the
well or the river? What do we do to protect the sources of our drinking water?
Advisory Committee on Watershed-Based Source Protection Planning
Last fall, the Provincial Government appointed a committee of people from
across Ontario to advise the government on how source protection plans should be
developed. The advisory committee was made up of 17 representatives of
municipalities, the medical profession, the aggregate industry, developers, planners,
environmental organizations and conservation authorities - in short, just about everyone
with a stake in water issues. Conservation Ontario had three representatives on this
Committee.
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Water does
not respect
political or
other artificial
boundaries.
If you want
clean water
downstream
you have to
go upstream
to identify &
eliminate the
sources of
pollution.
.
,
-s
The Advisory Committee prepared a report outlining a process for the
development of source protection plans that it recommended be followed across Ontario.
The report concentrated on what was best for the health of Ontarians.
Managing Water on a Watershed Basis
Water does not respect political or other artificial boundaries. If you want clean
water downstream you have to go upstream to identify and eliminate the sources of
pollution. The Advisory Committee recommends that watershed-based source
protection be implemented in all watersheds in Ontario. A watershed is an area of land
that is drained by a river and its tributaries into a particular body of water such as a lake
or ocean. Planning on a watershed basis allows for the consideration of the complex
interactions between natural as well as social, economic and political components.
Although groundwater aquifers occasionally transcend watershed boundaries,
conservation authorities can adequately address these important drinking water
resources by working with adjacent conservation authorities to ensure continuity in the
planning process Conservation authorities have already begun to address groundwater
issues while working at a watershed scale. For example, the conservation authorities
along the Oak Ridges Moraine created the Conservation Authorities Moraine Coalition to
coordinate watershed planning for this important groundwater feature.
Coordinating Role of Conservation Authorities
The Advisory Committee Report recommends that conservation authorities be
the organization to coordinate the development of watershed-based source protection
plans. '
The key word here is coordinate. The conservation authority is not the owner of
the source protection plan; it will be the CA's job to guide the plan's development
through a loq31 partnership of various stakeholders that make up the source protection
planning com'mittees. These committees win be comprised of representatives from
municipalities, the provincial and federal governments, and ot!1er important watershed
stakeholders. In other words, watershed-based source protection plans win be
developed from the ground up.
Working Together To Produce Source Protection Plans
The Advisory Committee recommends that first, and foremost, a source
protection plan must be based on solid scientific research and hard data. We must be
able to identify the sources of our surface and groundwater, and then identify the things
that threa~en them. '
This is what Ontario's conservation authorities bring to the table. We've been in
the business for more than 50 years. We're accustomed to taking a watershed-wide view
of issues and we already have a lot of the information needed to write a source
protection plan.
Conservation authorities currently deliver a variety of watershed management
programs to: improve water quality, reduce flood damages, provide an adequate supply
of water, protect natural areas and biodiversity, and provide environmental education to
watershed residents.
Conservation authorities have been working for years with local municipalities
providing technical advice and expertise in watershed planning. Source protection is not
a new issue for conservation authorities and the process required for developing and
implementing the plans is one with which CAs are very familiar. For conservation
authorities, source protection planning is one component of the larger watershed
planning picture.
~.
-2-
.. . source
protection
plans will
become vital
strategic
documents
for each
watershed
guiding
residents as
well as
municipal &
provine ial
officials. . .
But there is a lot more to a plan that just science. A good source protection plan
has to take into account economic issues, development questions, social needs, n \ ~
infrastructure needs and so on. ~\q -'\I.)
And that is why it is so important to the process to have municipal, industry,
farming and other public representatives on each planning area's steering committee.
Source Protection Plans Will Become Vital Strategic Documents
In general terms, once they are in place, source protection plans will become .
vital strategic documents for each watershed, guiding residents as well as municipal and
provincial officials in their decision making. While source protection plans will inform the
land use planning process, these decisions will continue to rest at the municipal level.
Source protection plans will not simply identify environmental concerns. A good source
protection plan will also recognize economic and social factors. In addition to helping
municipalities in making planning decisions, source protection plans will:
. help farmers adopt practices that will protect their own water and the water of
their urban and rural neighbours;
. ensure that the amount of water extracted will be no more than can be
scientifically supported; j
. show where remedial measures must be taken to minimize sources of pollution;
and
. be the basis for monitoring and reporting on the progress made in protecting
water resources.
Municipalities and Conservation Authorities Need To Continue To Work Together
The Advisory Committee report does not propose any new regulatory powers for
conservation authorities nor the transfer of any existing roles or powers. Responsibility
for coordination of source protection plan develppment is consistent with the current
mandate of CAs.
Conservation Ontario believes current municipal and provincial decision making
responsibilities are appropriate. Municipalities should continue to have control over land
use planning; conservation authorities would coordinate the preparation of the source
protection plan and provide the science and best advice in support of municipal and
provincial deCisions.
This is consistent with the relationship that exists now between municipalities and
CAs with land use planning and watershed planning. One key benefit in the development
of the source protection planning process is the already established working
relationships between municipalities and conservation authorities. A continuation of this
good working relationship will be of the utmost important when source protection
planning implementation begins.
Municipalities Continue to Play Key Role
Municipalities will have a large role in the development of the source protection
plan and significant opportunity for input into the final product. Municipalities playa role
through several avenues:
. municipalities will form 1/3 of the membership on Source Protection Planning
Committees
. the board of Directors of a conservation authority is appointed by municipal
councils to represent their community's needs and come to agreement on what is
best for the watershed. Across the province, 75% of the CA board membership
is elected officials.
- 3 -
. ; .the funding
model must
include
siqnificant
provincial
funding for the
development
and long-term
implementation
of source
protection
plans.
.
sufficient municipal support must be obtained before the draft source protection
plan is submitted to the province C\ -::1.
an appeal process will be available through the Ministry of the Environment if ~ -I
issues remain regarding the SPP once it is submitted to the Province.
.
Multistakeholder Groups to Determine Implementation of Source Protection Plans
The Report of the Advisory Committee on Watershed-based Source Protection
Planning did not include details on how source protection plans are to be implemented
once developed. Additional consultations with all affected parties will be needed in order
to accomplish this task. The establishment of a multi-stakeholder technical working
group, with broad stakeholder representation would be beneficial to this process.
It is important to resolve implementation issues to ensure that there is a certainty
among stakeholders about what is going to happen on the ground especially in terms of
implementation roles and tools. CAs don't see a significant shift in this regard as
municipalities will continue to be responsible for many aspects of implementation.
This will include the need for the Province to develop a sustainable funding
model for source protection planning. Conservation Ontario recognizes that
municipalities already contribute to watershed planning through conservation authorities
and cannot be expected to provide the majority of funding for source protection.
Therefore the funding model must include siqnificant provincial funding for the
development and long-term implementation of source protection plans. One can ,quickly
get into a debate around the definition of "significant".
With this in mind, Justice O'Connor recommended that at least some component
of source protection funding will have to come from municipal water rates and other user
fees. This follows the user-pays philosophy for fair and equitable funding.
A key factor to consider in the implementation of source protection planning is
that we are not starting from scratch. In fact a number of municipalities and
conservation authorities have already had experience in taking steps to protect drinking
water sources. These include groundwater studies, identificat,ion of areas susceptible to
contamination, and delineation of wellhead protection areas. These activities can be
used as building blocks as we begin to move forward with source protection planning.
Water Is A Shared Resource
Water is a shared resource that we all have to pay for one way or another. And
because water is a shared resource, we are all accountable for protecting it and human
health in Ontario. .
A~d, because it is a shared resource, protecting Ontario's water resources is a
shared responsibility. Source protection will succeed or fail based on how we work
together and it will only be successful if it is developed and implemented locally.
Developing source protection plans will be a challenge for everyone. It will
challenge conservation authorities to do their best research and provide the best
scientific advice. It will challenge municipalities to look beyond their own boundaries in
partnership with conservation authorities using a watershed based approach. It will
challenge all stakeholders to work closely together to protect a resource that is integral
to our health and our success.
And, finally, it will challenge all of us - all the people of Ontario - to look far into
the future, to make decisions today that will have an impact years from now.
Butjt must be done - because the people of Ontario won't settle for less. And
most important, we have to think of those who come beyond us.
This paper was originally presented at the Annual Conference for the Association of Municipalities of Ontario
(AMO) on August 19, 2003.
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1(\/15/2003
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Banisters and Solicitors
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Fax Cover Sheet
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SUITE 1500 - ONE QUEEN STREET EAST, TORONTO, ONTARIO, M5C 2Y3
This fax transmission is Solicitor-Client priviJeged and contains confidential information
intended only for the person(s) named below. Any other distribution, copying or
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notify us immediate by telephone and return the original transmission to us by mail
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RUSH
FROM:
RONALD KANTER
OUR FAX NUMBER: (416)-601-4100
Fll..E NO:
005133001
REFERENCE:
Golden-Ucci Application
TO: Mayor Craig and Council
FAX NO. 705-487-0133
DATE:
October 15,2003
NO.OF PAGES SENTJ '(
(including cover sheet)
ENCLOSURES AND/OR COMMENTS
If you do not receive all pages, please telephone Karen at 364-3100, Ext. 4135
10/15/2003
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October 15, 2003
SENT BY FAX 705-487-0133
AND BY HAND
Township of Oro-Medonte
P.O. Box, 100
Ora, Ontario
LOa 2XO
RUSH
Attention: Mayor and Members of Council
Dear SirsfMadam:
Re: Ucci Application: Kempenfelt Bay
OPA #18
Application #P.115/01
Weare writing to request that Council refuse the Application because the public
process was flawed and Council was provided with inaccurate and incomplete
information concerning the Ucci Application.
1. F1awed Process
As I noted at the Council meeting on October 1, 2003 notice was sent by mail only to
residents within 120 meters (400 feet) and only one public meeting was held. Since
this is a large development, with almost 400 units, the Township could and should
have provided notice to all residents south of Ridge Road affected by the Application.
There was also confusion concerning the public meeting, since there was no quorum
of County members in March. Some residents who gave their name to the County
Clerk were not given notice of the County public meeting that was held in April,
contrary to the Planning Act.
On September 2, 2003 and September 29, 2003 Dr. Golden and I requested that your
Council defer this matteroD behalf of the West Ora Ratepayers' Association,
representing over 50 local residents. so that they would have time to analyze the
One Qu""" Street LOSL, Su!t~ 1500. 1:0'...."'0, Qn,u',o /l'!5C 2Y3
T"'_r.J)>>i;',,1/:, 416-86..1--3100 .FtI.~-9:~a(: 4,'16-601"1100 !ntl':r"~.. "'...""''W.."I(:h,,)'\.I~I).'':~
10/15/2003
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proposal with the assistance of a Land Use Planner. In response to our requests for a
deferral Mr. Nick McDonald of Meridian Planning Consultants advised Council rhat
"enough infor:mation has been compiled on the application for Council to make an
informed decision", and on October 8, 2003, the Committee of the Whole
recommended approval of OP A # 18.
2. Township OPA #17: Adult LifestYle Communities No )o"1!:er Appropriate
On August 5. 2003, Mr. McDonald wrote to Council, in the Introduction to the
Update of the Official Plan (OP A # 17), that:
"It is the township's opinion that any adult lifestyle community
developed in close proximity to the City of Barrie will have the
potential to be occupied by residents on a full-time basis and by
residents with children. This. means that there will eventually be a
demand for services such as parks and schools for the new residents.
On this basis, dle Township believes that it should consider the
development of such communities in the same manner as any other
form of residential development. Given that residential development is
gene1ally directed to settlements, the Township is of the view that the
pennission to allow adult lifestyle communities in a rural setting is no
longer appropriate," (Emphasis added]
Mr. McDonald recommended that section H4 of Oro-Medonte's OPA, dealing with
Adult Lifestyle Communities, be ~eleted..
However, in reports dated August 8, September 16 and October 2,2003, dealing with
the Ucci Application, Mr. McDonald continues to rely on policies concerning Adult
Lifestyle Communities as the basis for his support of the Ucci Application.
It is totally inconsistent for your planning consultant to subsequently support, and
Council 10 subsequently approve, a development on the basis that it constitutes an
Adult Lifestyle Community.
The Application must be considered according to good planning principles in effect
today - which direct people to designated settlement areas in Oro-Medonte - not
earlier polices, now deleted, which permitted sprawl.
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113/15/213133
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Even if they were still in effect, policies concerning Adult Lifestyle Communities do
not guarantee approval of any Application. Nor would they give the Applicant any
claim whatsoever for financial compensation, should the Application be refused.
3. The County and Province: Recommend Refusal
On October 8, 2003, the very sam.e day thaI your Committee of the Whole
recommended adopnon of OPA # 18. Simcoe County Planning Sta.ff released report
CS03-229, a copy of which is atta.ched as Schedule 1. The report recommends that
applications that permit Adult Lifestyle Communities generally in Simcoe County,
and specifically the Ucci Application. be refused. The report notes tJlat:
"there is little to distinguish the housing that is proposed from
other detached, semi detached, townhouse. and apartment lmits that
exist or are being built in Settlement Designations throughout the
County. ...Oro-Medonte contains 15 Settlement Designations and
other (couney residenc:ial) designations which have the ca.pacity to
develop about 4500 to 5500 new dwelling units without additional
designation for urban purposes. This is at least a 30 year supply at
anticipated growth rates,"
The Count)' Report also includes a. report from the Ministry of Municipal Affairs and
Housing dated April 29. 2003, a copy of which is at!:ached as Schedule 2, which states
that:
"there appears to be no sufficient justification in the proponent's
Planning Report as to why the proposed development cannot be
accommodated in the Township on land already designed for
residential uses."
4. Inaccurate and Incomplete Information
On October 8, 2003, your Committee relied on a report prepared by Mr. McDonald
containing a lengthy discussion of Official Plan criteria for consideration of Adult
Lifestyle Communities. He did not mention that these criteria had previously been
deleted from th~ Oro-Medonte OP. He did not provide you with the County or
MMAH Planning Reports recommending rejection of the proposal to allow almost
400 housing units, which could atlI'act more tha.n 700 new residents to an unserviced
- 3 -
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Y1)~N~
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site, close to but outside of the existing communities of Barrie or Orillia, or other
Settlement areas in the Township.
Consequently, we respectfully request that Council reject the recommendation of the
Committee of the Whole, and reject the Ucci Application.
Yours trUly,
MC;z::Jdeni:
Ronald M. Kanter
RMKlkg
Eoels.
c.e. Ron Golden 416-481-7044
Bob Dragicevic 416-960-0172
- 4-
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COUNTY OF SIMCOE
ITEM FOR:
SECTION:
ITEM NO.
MEETING DATE:
SUBJECT:
CORPORATE SERVICES COMMITTEE
Planning
CS 03-229
October 15, 2003
DCCI County Official Plan Amendment Application
RECOMMENDA TION:
THAT the application to amend the County Official Plan to permit adult lifestyle communities in
the Rural portions of the Rural and Agricultural Designation be refused;
AND TIIAT the applicatIon to amend the County Official Plan to permit the development of
housing and a golf course at Lots 27 and 28, Concession 5, former Township of Ora, County of
Simcoe as set out in Item CS 03-229 be refused.
BACKGROUND:
On September 11. 2002, Cornminee received a repoIt for information on a proposed residential
development and golf course on a 108 ha. parcel of land located between Ridge Road (County
Road 20) and Windfield Drive near Lake.Simcoe a.nd between Lines 4 and 5 of the former Ora
Township. A subsequent repon (CS 03-026, January 15, 2003) outlined issues associated with
the proposed Official Plan amendments. A public meeting regarding the proposed amendment
was held on April 9,2003. The following provides a summary of this proposal:
File:
Lots 27 and 28. Concession 5. Township of Oro-Medonte (former Township of
Oro), County of Simcoe. (Please refer to Schedule 1).
VCCI Consolidated Co. Inc.
To amend the County of Simcoe Official Plan to permit an 18 hole golf course, 306
residential detached (214) and linked (92) units, and 80 retirement units
SC-OPA-0202
Location:
Applicant:
Proposal:
The proposal is to (1) amend Schedule 5.2.1 Land Use Schedule of the County Official Plan from
Greenla.nds to Rural and Agricultural on the subject property, and to (2) insert a new Section in
the Plan to pemrit "aduh lifestyle. communities" in the Rural and Agriculmral Designation (Rural
portion) throughout the County. (Please refer to Schedule 2).
Current]y in the County Official Plan, there are no provisions for "adult lifestyle communities" as
distinguished from conventional housing; residential developments of a maximum of 40 units
only are pelTllitted in the Rural and Agricultural Designation (Rural portion), while the
Greenlands Designation permits a cluster with a maximum of 20 lots. Developments of the
proposed scale are generally considered suitable only for SettJemenl Designations, based on the
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Provincial Policy Sta.temer'lt and the County of Simcoe Official Plan which indicate that most
non-resource development should be directed to settlements.
The County could also consider designating the deve1opmem, if approved, as Settlement, based
on the number of lots and the type of development proposed. The proposa.l would also faD within
the proposed Shoreline overlay designation.
Prior to consideration by County Council an amendment to the Offidal Plan of Oro-Medonte
would also be required for the proposed development LO proceed, An amendment to Oro-
Medonte's Zoning Bylaw and site plan approval would also be required once development details
are receivBd. As of August, 2003 the Township has reviewed a staff repon dealing wiLh its
issues, and approved the concept m principle. The Township official plan amendment has not yet
been adopted, however. (Schedule 5).
Issues
Large scale Residential Development OUlside Existing Settlemenl Designations - The
fundamental planning policy decision is whether to amend the County Official Plan to
accommodate this form of new development or new settlement at locations throughout the
County; this proposed amendment for the subject property is not being considered only on a site
specific basis. In April 2000, the Planning Services Committee decided nol to entertain any
amendment which did so, but instead indicated that housing developments of this scale (i.e. more
than 40 units) are [0 be directed to existing settlement areas.
The County Official Plan is based upon Lhe Provincial PoHcy Statement which states in Section
1.1.1 a) that, "u ,ban areas and rural senlemem areas (cities, towns, villages, and hamlets) will
be the focu..r of growth;" The County PlaIl elaborates this approach in several Sections, including
3.1, 3,5.1, 3.5.4, which al) direct major residential development to settlement areas.
The Plan does provide for some alternatives to residential development in settlement areas:
provisions are made for country residential cluster developments by plan of subdivision of up to
40 Jots in suitable Rural locations, as well as rural lots created by consent under certain
conditions. Section 3.6.7 does provide far the 40 lot limit to be exceeded, but only under special
circumstances which are not present in the Oro-Medonte Official Plan policy regime.
Type of Housing - The applicant describes the proposed development as having a specialized
form of occupancy: "The target market for the developmenl is the adulllifestyle market: move-
down, empty nesters who lend to be in lIte 50 year plus age category. and who are seeking fO
simplify lheir lives and live clo5'e to nature, with all of the conveniences of an urban area
nearby. ,. Of course, it is illegal to discriminate by age when fielling the units, but marketing
would be directed to that group.
The physical form of the proposed housing is described as a combination of detached and link
housing (306 units) a.nd apanment& (80 \.mits). The housing borders a proposed 18 hole golf
course.
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The detached units are proposed to be in the range of 140 to 185 square meters (1500 to 2000
square feet), and somewhat above average in price.
Although a particular segment of the market is targeted for occupancy of the dwelling units, there
is little to distinguish the housing that is proposed from other detached, semi detached,
townhouse, and apartment units that exist or are being built in Settlement Desi nations
throughout the County. gua y, most lousmg eve opments weer in settlements or outside.
are built to target a particular age group, income group. or other socia economic characteristic,
and so this proposed development is not unusual in that respect. The proponent argues, however,
that the opportunity to integrate a golf course so closely into a development is only available at
certain sites. Nevertheless, there are several Simcoe County examples of golf courses integrated
into settlement areas.
EnvironmentlEIS - The purpose of the County's peer review of the Environmental Analysi& was
to detennine the impacts of the proposed development on the Greenlands unit and its features and
functions: could the development, as proposed, proceed without negatively impacting the
features and functions for which the unit is.identified?
The peer reviewer recommended thal more work be undertaken to complete the ElS. The
conclusions of the peer review were as follows:
. The EIS needs to take a wide:r view of impacts, i.e. what are the impacts not just on the site
but on the whole of the Greenlands unit from which the land would be removed if developed?
. The cumulative effects of this and other developments should be discussed.
. If the development was to go ahead, revisions to the plan are recommended including the
retention of particular interior shrub wetJand and tree wetland, and increasing the width of
certain vegelati ve buffers. This would result in redesign of parts of the project.
There appear to have been gaps in the fieJd interpretation andlor field study of the breeding bird
community and the interpretation of the watercourse.
Other recommendations included:
. increasing the value of the watercourses and fish habitat on the property due to the
presence of waler and creeks which support fish and fish food.
. area setbacks be established to protect and ma.intain existing features and functions, such
as at least one hecta.re to maintain the breeding habit of the rail and other central wetland
breeding birds and linked area sensiti ve forest birds, and at least a 20 melIe setback from
aU creek features to maintain the breeding nnd feeding habitat of the Arrowhead Spiketail,
a rare dragonfly species observed on the property.
Servicing/hydrogeology - The County's peer reviewers of the applicant's hydro geological report
s.tate that they are "sarisfied Thar sufficie11l informa.lion hm' been presented to demonstrate The
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fea,sibility of a groundwater based .)'Ystem to service this developmenr. However, detailed field
rests are needed 10 confirm the following:
1. That the aquifer can sustain long tenn pumping auhe maximum duy deman.dfor this
detJelopment,
2. That effecIs to receprors will be within acceptable limits,
3. That water porabiliry with respecT to Table 1, 2, 3, and 4 of the Ontario Dri.nking Water
Standards is acceptable.
It is possible thaI more than three on site supply wells, as proposed in the feasibility design, may
be required to meet the water demands for rhe proposed development. The County is advised that
demonstrarion of groundwaler supplies should be specified as a condition of approval for this
development. ..
If Council wishes to endorse the project in principle, a modification to address the matter of water
supply will be proposed by staff.
Agriculture. Agricultural capability of the land is not an issue: the lands are designated Rural in
the Oro-Medonte Official Plan, and have limited capacity for agricultural production. If
approved. prior to final design, Minimum Distance Separation (from agricultural operations)
criteria should be investigated and satisfied.
Traffic - Traffic generated by the development would use County Road 20 (Ridge Road) for
access in westerly and easterly directions, to Barrie and Orillia. Staff review of the traffic study
submitted indicates that a 60 metre right turn taper will be required for eastbound traffic on
County Road 20 at Line 5 of Oro-Medonte. This and associated drainage matters would need to
be addressed and would require the applicant to submit engineering drawings and a cost estimate
to the County Engineer far approval. Upon approval of the engineering drawings and cost
estimate, the County would prepare the road improvement &.greement for execution.
Justificalionlassessmem of need/supply of land in Oro-Med()nte - Sections 3.5 and 4.1 of the
County Official Plan sel om procedures for planning for growth, a.nd state that land can and
should be indicated for 10 to 20 years of growth at forecasted growth rates, including draft
approved and designated residenciallands. Oro-MOOonte contains 15 Setdement DesignatiO~
and other (country residential) designations which have the capacity to develop about 4500 '0
5500 new dwelling units without additiana] designation for urban purposes. This is at least a 30
year supply at anticipated growth rates. The approvaJ of the subject application would increase
the supply in years to a total of 35. The Provincial Policy Statement recommends land
designations supply "up to 20 years''. while the County Official Plan recommends a range of 10
[020 years supply.
The background information prepared by Cla.yton Research Associates for the applicant on
justification, or assessment of need, for the development nevertheless establishes that there is
likely a market for the product. They believe that there is a sufficient demand to support several
such new communities over the next few years. fu [his regard. Remson Consulting, who peer
reviewed the Cla.yton report for the Township, states the folJowing:
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"We would agree lha: marker oppo1'/uniry likely exists for the subjecr community. We
have a major concern. however, with using this conclusion to imply that there is a need 10
approve chis type of developmenr in lhe Township of Oro-Medonte. In our view, the
Clayton report does nor address the question of need. Ir serves The single, and in our view
quite narrow, purpose of attempting to eSlablish rhal market opportunity likely exists. "
In conclusion. approval of this proposal would increase an already very substantial supply of
urban development land in Oro-Medonte. The applicant has nol provided the justification to add
more potentia} dwellings to the current inventory.
The Adult Lifestyle Communities AmendfMnt - The proposed amendments to the County Official
Plan include Ihe provision of a section on adult lifestyle communities, in essence allowing them
throughout Simcoe County under specific conditions. Staff encouraged the applicant to submit
the application in this way. rather than as a site specific amendment, because (1) the County Plan
should remain as primarily a policy document rather than a series of discrete local designations,
and (2) it should be clear in the Pla.n whether or not this fann of settlement is to be pennitted or
encouraged in the County.
Although there may be a market for this and perhaps other such proposals in the County. the same
forms of housing are being buiJtin settlement areas throughout the County. It is also argued that
such developments, while initially promoted to a panicular socia economic segment of the
population. tend to subsequently obtain a greater mix of households that more closely reflect the
general population and household make up. The distinction in tenns of the housing stock
provided between "adult lifestyle communities" and "conventional" housing is unclear, the main
difference is in the. provision of amenities, as new communities or large subdivisions, if built from
scratch, may in some cases be able to more easily be built around a particular feature such as a
golf course. However, in the longer term, especially with changing demographics. the servi::. J
needs for such communities (I.e. school sites, parklands, commercial establishments, and other
institutions) may prove to be similar to existing sen}ements.
Attached as Schedule 2 are items of correspondence received from the pllbHc regarding the
proposed development. Schedule 3 includes responses to the circulation from public agencies.
As an overal1 conclusion, based. on considerations of a growth management strategy (primarily
housing demand and supply), environmental impact. and other issues, staff cannot recommend the
application as good planning.
FINANCIAL ANALYSIS:
It is possible that the applicant may appeal a refusal of the application to the Ontario Municipal
Board; staff time, legal and consultant coses to the County would result.
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SCHEDULES:
The fonowing schedules are attached and form part of thjs item.
Schedule 1 - Location Map.
Schedule 2 - Proposed Amendment.
Schedule 3 - Public Responses.
Schedule 4 - Agency Responses.
Schedule 5 - Oro-Medonte Resolution.
m.
, .
. .......
Schedules 1 - 5
to CS03- 229
PREPARED BY: Ian Bender and Gail White
APPROV ALS:
Mark Aitken. Gene.ra1 Manager of Corporate Services
Peter Fin)ay, General Ma.nager of Finance
Helen MacRae. Chief Administrative Officer
Date:
October 2, 2003
October 7, 2003
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MINISTRY PRE-CONSULTATION
STAFF REPORT
Planning System:
File Number(s):
Upper Tier:
Municipality:
Date Rec'd by Ministry:
Location:
Bill 20
Related Files:
OP Conformity:
PPS Issues:
43-DP-4010-03002
County of Simcoe
Township of Oro-Madonta
January 15,2003
Concession 5, Part of Lots 27 and 28 (formerly wIthin the Township
of Ora)
None
No
Yes
PROPOSAL:
The proposed amendment to County of Simcoe Official Plan (the OPA) would redesignate
approximately 34.5 hectares (84.2 acres) of the subject lands from "Greenland" to "Rural and
Agricultural", The OPA also introduces a new subsection to section 3.6 of the Official Plan to
permit Adult Ufestyle Communities in rural areas, and adds a definition to section 5.8 of the
Official Plan for Adult Lifestyle Communities. The OPA would permit an Adult Lifestyle
Community consisting of 298 single and semi-detached residential units, a 40 unit retirement
complex, and an 18 hole golf course with related accessory uses.
There is also a proposed amendment to tne Township of Oro.Medonte Official Plan. Although
requested from County staff, Ministry of Municipal Affairs and Housing (MMAH) staff have not
received a copy of the proposed Township OPA. It is MMAH staffs understanding that. at a
minimum. the proposed Township OPA would redesignate a portion of the subject lands from
"Rural" to "Adult Lifestyle Community", and remove the Environmental Protection Two overlay
designation from portions of the property. to permit the proposed development
LOCATION:
The subject lands are approximately 111 ha (275 ac) In size and are generally located south of
Ridge Road, north of Windfleld Drive, west of Fifth Line South, and east of Fourth Une South in
the Township of Oro-Medonte, County of Simcoe.
MINISTRY ASSESSMENT:
The following assessmenl is based on a review of the Provincial Policy Statement, the OPA, the
Simcoe County Official Plan, the Township of Ora-Madonte Official Plan, background
documents prepared in support of the OPA, and a "One Window" consultation with the Ministry
of Natural Resources, the Ministry of Transportation, the Ministry of Agriculture and Food, the
Ministry of the Environment, the Ministry of Culture, and the Lake Simcoe Region Conservation
Authority.
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County-wide Components of OPA
A component of the OPA proposes to introduce policies into the Simcoe County Official Plan to
permit adult lifestyle communities (ALC) in rural areas across the entire County. MMAH staff
oppose the introduction of County-wide policies inlathe County Official Plan through a site.
specific planning application, Gi\ten that the province is currently reviewing the Provincial Policy
Slatement (the PPS), and that the County Official Plan is due for its five-year review as of April
2003, the County should use a broader review of Its Official Plan (in the context of the PPS) to
consider changes to or new County-wide policies.
This would provide a more appropriate process through which a broader range of stakeholders.
including all lower tier municipalities, would be made aware of, and given the opportunity to
comment on, any County-wide amendments to the County Official Plan. While it is recognized
that the Township Official Plan contains policies dealing specifically with AlCs, it should be
noted that the Township Official plan was approved prior to the approval of the County Official
Plan. Furthermore. the Planning Act requires that the official plan of a lower tier municipality
conform with the official plan of an upper tier municipality, not vice versa, as would be the case
with the OPA.
MMAH staff also have concerns with respect to the component of the OPA which introduces a
definition of ALCs into the County Official Plan. The concern relates to the fact that the
definition specifically identifies the intended lIser of a residential community, which is prohibited
under the Elanping Act.
Development and land Use Patterns
Policy 1.1.1 b) of the PPS states that "rural areas will generally be the focus of resource activity,
resource-based recreational activity and other rural land uses., Furthermore. the PPS indicates
that growth will be focused on urban areas and rural settlement areas. With respect to the
residential component of the proposal. the OPA would permit what is essentially an urban use
in a rural area. Notwithstanding that pollc)' 1.2 of the .PPS encourages a full range of housing
types and densities In a housing market area. there appears to be no sufficient justification in
the proponent's Planning Report as to why the proposed development cannot be
accommodated in the Township on land already desIgnated for residential uses.
While the proponent's justification appears to hinge on the relationship between the residential
and recreational uses, it Is MMAH staffs opinion that proximIty to a golf course does not
outweigh the need to ensure that residential development benefJts from, and supports, existing
infrastructure and services. including full municipal sewage and water services, transit,
community and health facilities. and commercial services. Any further consideration of the OPA
by the County should be supported by additional Information documenting existing designated
residential land within the Township and Its ability to accommodate, at a minimum, the
residential component of the development proposal. Furthermore, given the proponent's
Justification is based on a perceived level of demand associated with the aging of the baby
2
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April 29. 2003
boom generation, the long term future of such proposals is unclear. This Is based on the
significant decline in the target market onC6 the baby boom generation moves through its fun
life cycle. A discussion of this question should be Included In the proponent's analysis.
Water and Sewage Services
The proposed development is to be serviced by on"5lte communal water supply and sewage
treatmenUdisposal, with ownership vested in a condominium corporation and with a municipal
responsibillly agreement. DependIng upon the ownership structure, municipal ownership may
be required (e.g., if the golf course facility is separately owned Dr if there are multiple
condominium corporations).
The Functional Servicing Report (Jones Consulting, April 2002) suggests that the proposed
communal sewage system would consist of treatment via a suspended growth biological reactor
facility and disposal to the land surface via spray irrigation. with surface storage during the
winter months. MOE has Indicated that spray Irrigation systems have not been approved by its
Southwestern Region office for some time. Furthermore, the Concept Plan (#11) contained in
the Functional Servicing Report does not locate the treatment facility nor any proposed spray
areas, although the body of the report suggests that the facility will be located in the
~MalntenanCB and Additional Parking" block in the north-central portion of the subject lands.
The locations of the treatment facJlity and the spray areas may be of concern from a land use
compatibility principle vis a vis proximity to any existing or proposed residential uses. As the
proposed development is highly dependent on the approval of the spray Irrigation system, it is
recommended that any further consideration of the OPA by the County ensures confirmation of
MOE support for the type of system, which includes demonstration of technical feasibility to the
satisfaction of MOe.
It Is further noted that, contrary to the information on page 3 of the Functional Servicing Report,
a sewage treatmenUdisposal system Involving spray Irrigallon is a Schedule .C" (not a Schedule
Oa") activity as per the Municipal Enginesrs Association Class Environmental Assessment (MEA
Class EA) document. Also, it should be noted that Appendix 3 of the MEA Class EA specifies
that Ihe Regional MOE Office Is the MOE contactfor the Class EA exercise w/lich is to be
followed.
Domestic water supply is proposed to be obtained from groundwater sources. MOE has
indicated that sufficient quantities are I1kely available. however, quality and interference with
existing wells may be an Issue. A Permit to Take Water will be required from MOE pursuant to
the Ontario Water Resources Act. Furthermore, a Certificate of Approval will be required from
MOE for the water treatment and distribution system, which in turn will trigger the requirement
for water testing under Ontario RegulaUon 459.
Golf course irrigation water supply appears to be proposed from a surface water source,
presumably Kempenfelt Bay. MOE has indicated that the availability of supply is not likely to be
an Issue, however, a Permit to Take Water wiUbe required.
3
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Finally, MOE has indicated that it has no significant Issues with respect to the surface water
management approach as conceptualized in the supporting reports.
County of Simcoe Gre~nlands System/Natul<d Hertlage
Section 3.7 of the County Official Plan states that "the purpose of the Greenland designation is
to ensure that the scale. farm and locatipnofdevelapment is such that the features and
functions af the natural heritage system are sustained for future generations." The Greenland
designation includes a range of features. including, but not limited to, wetlands, areas of natural
and scientific interest, and significant woodlands, and portions of the designation also form part
of, and are subject to, both the Niagara Escarpment Plan and the Oak Ridges Moraine
Conservation Plan.
While it is recognized that section 3.7.6 of the County Official Plan conditionally permits a range
of uses within the Greenland designation, and that these uses are generally subject to an
environmental impact study (EIS) prior to approval, MMAH staff are concerned as to how
effective the County Official Plan Is in achieving Its stated objectives with respect to "the
Greenland system. This is underscored by the OPA, which proposes to redesignate a
substantial portion of Greenland Unit OMS from "Greenland" to -Rural and Agricultural" for the
purposes of residential development. Notv/ithstanding that section 3.7.13 of the County Official
Plan indicates that Greenland designation boundarl&s are approximate and that more precise
boundaries of green land features and functions may be determined through mechanisms like
an EIS, the County should consider whether the site-by-site removal of large areas of land from
the Greenland designation is achieving the pbjectlves of the Greenland system as stated in
sections 3.7.1 to 3.7.4.
In reviewing the OPA (and the supporting Environmental Analysis), MMAH staff would advise
the County to consider both the features and functions of the Greenland system. In considering
these functions. the removal of the Greenland desIgnation from portions of the subject lands on
the basis of the presence or absence of a specific feature may not be Justifiable. This is
underscored by the fact that the Greenland designation covers many lands without features.
To continually allow the removal of lands from the Greenland designation solely on the basis of
presence or absence of a specific feature sets the stage for the Greenland designation to be
further defined across the County to the extent it ends up only covering specific features. This
approach would likely fall in achieving the County's objectives far its Greenland system.
The proponent's Environmental Analysis has concluded that of the three primary ecological
functions performed by Greenland Unit OM6, the provision of terrestrial habitat (in the form of
two significant woodlands) is the only ane that applies to the property. However, the
Environmental Analysis also states that Greenland Unit OMS ~furms a link to other sections of
the same Greenland unit to the east and just slightly west of the 411\ Une...(and) within this
landscape, a mosaio of mature forest and successional woodland/thicket forms a more Dr less
contini.lous belt of habitat that extends for apprDxlmately 5 km...n It should be noted that the
boundary of the Greenland designation on Figure 9 of the Environmental Analysis does not
adequately reflect the approved boundary on Schedules 5.1 and 5.4 of the County Official Plan.
4
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April 29, 2003
Given that the proponent has recognized that Greenland Unit OM8 "forms a more or less
continuous belt of habitat" that extends well beyond the boundaries of the property, it appears
that the Environmental Analysis did not fully consider the features and functions of the broader
Greenland unit and system. Specifically, the proponent's analysIs of the sIgnificance of
woodlands on the property appears to be site-specific, and the Environmental Analysis does not
address the role the lands and woodlands perform In the County's broader Greenland system
and the Township's natural heritage system. In particular, both this proposal and the Big Bay
Point Resort proposal in the Town of Innisfil, propose significant reductions of the County
Greenland system, IncludIng extensive removal of woodlands and vegetation.
Prior to any further consideration of the OPA by the County, it is recommended that an analysis
of the percentage loss of land In Greenland Unit OM8 and the Environmental Protection 2
overlay designation be undertaken. Further analysis should also be undertaken to determine if
there will be negative impacts an the Identified significant woodlands from the proposed
residential and golf course development and sIte alteration. This is particularly important as the
proposal not only recommends removal of large areas of existing woodlands and vegetation,
but also proposes to have development within and on lands adjacent to the features proposed
for retention. Policy 2.3.2 of the PPS states development and site alteration is only permitted
on lands adjacent 10 significant features (e.g., significant woodlands) if It has been
demonstrated there will be no negative impacts on the features or the ecological functions for
which the area is identified.
The analysis should address the isolation of the southerly significant woodland (and the western
portion of Greenland Unit OMS) from the remaInder of Greenland Unit OMS caused by the
proposed residential development, as well as the intrusion of the golf course and residential
uses into this significant woodland. Finally, in light of the County's proposed shoreline OPA, the
County should consider how this proposal addresses the OPA's proposed "vision", Including
growth management, environmental protection, and shoreline character.
MInistry of Natural Resources (MNR) staff have confirmed that the subject lands do not contain
any natural heritage features which have been Identified or evaluated as significant by MNR.
As a result, the ~Greenlands" designation in the County Official Plan appears to reflect the
County's definition of significant woodlands andlor significant wildlife habitat pursuant to policy
2.3.1 of the PPS. The Environmental Analysis prepared by Gartner Lee has determined that
the most southwesterly and northwesterly w.oodlots could be considered as significant and has
recommended that these wooded areas not be Identified as developable lands. MNR has
Indicated that the site-specific evaluatiol1 of woodland .significance" appears to be sound.
The Environmental Analysis also deals with wildlife habitat and the determination of
.significance" of same. The criteria for significance are based on the County of Simcoe's
Greenland Strategy as well as the Environmental Protection 2 overlay designation of the
Township Official Plan. Both the County and Township documents relate significant wildlife
habitat to the presence of deeryards. There are, however, other criteria and habitat types that
should be evaluated to determine the presence of significant wildlife habitat. The
Environmental Analysis recognizes this and has evaluated the subject lands for other species,
rare species and concentration of species. The conclusion Is that the retention of the
5
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NO. 404
[;117
(j)
Ministry Pre.-consultation Staff R~port
County of Simcoe
43.DP-4010-03002
April 29. 2Q03
"significanr woodlands and the stream (Including a buffer) is sufficient to address wildlife
habitat issues.
MNR's concern relates to the ponds on the subject lands. While the analysis identifies that
amphibians probably usa the ponds on the subject lands, It is also noted In Appendix B that
Green Heron and Mallards were also viewed on the property. In fact, it indicates that the Green
Haron may have been a probable breeding pair while the Mallards were a confirmed breeding
pair. Breeding habitat is very important to the life cycle of these species. This information,
however, has not been included in the discussion regarding wildlife habitat or the function of the
ponds in this regard. The County may wish to receive clarification as to where the waterfowl
were sited and the Impacts of the removal of the ponds on these species.
MaturnLHazards
The Lake Simcoe Region Conservation Authority has indicated that the subject lands contain a
watercourse with an upstream drainage area greater than 125 ha. Should the proposal
proceed. flood plain and appropriate watercourse buffers will be need to be established in
accordance with policy 3.1 of the PPS, and MNR's guideline "Understanding Natural Hazards,
An Introductory Guide for Public Health and Safety PolicIes 3.1, Provincial Policy Statement",
Agriculture
The Ministry of Agriculture and Food (OMAF) has indicated that the subject lands are not part
of a provincially significant agricultural area. There is the potential. however, for land use
compatibility issues with adjacent agriC\JUural operations. The Information provided to MMAH
does not appear to address policy 2.1.4 of the PPS which requires that the creation of new lots
will comply with the minimum distance separation ("MOS") fonnulae. Arty further consideration
of the OPA should be supported by additional information regarding livestock facilities in the
area and the application of MDS fonnulae.
Cyltur~LHerjtaae and Archaeological Resource~
The Ministry of Culture has Identified that the subject lands are located in proximity to major
(Kempenfelt Bay) and minor water sources, and therefore, exhibit archaeological potential. As
such. and in order to have regard far policy 2.5.2 of the PPS it Is expected that all portions of
the subject lands not previously and extensively disturbed will be archaeo!oglcally assessed,
and any significant archaeological resources found mitigated through avoidance or excavation
to the satisfaction of the MiniS'lry of Culture, No demolition, grading, filling, or any other fOnTI of
soil disturbance should take place on the subject lands prior to Issuance of a letter from the
Ministry of Culture indicating that all cultural heritage and archaeological concerns have met
licensing and resource conservation requirements. This can be best achieved through
placement of an archaeological condition on the appropriate Implementing vehicle for the
subject lands (e,g., draft plan of subdivision, site plan agreement, etc.).
6
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NO. 404
[;118
. )
@
Ministry Pre--consultation Staff Report
County of Simcoe
43-0P-401 0-03002
April 29, 2003
, Transportation
The Ministry of Transportation (MTO) has indicated that the subject lands is beyond Its control
area of up to 800 m from any limit of a KIngs Highway, as established In the Public
Transportation and Highway Improvement Act. The proposed development, therefore, will
require no approvals from MTO.
The County should be aware, however, that MTO intends to upgrade Highway 11 to full freeway
status at some point in the future. To this end, MTO has initiated a Planning study from Crown
Hill to Severn Bridge In order to determIne the best course of action in achieving this goal.
Access to Highway 11 In the future will be by Interchange only and all existing at-grade
intersection will be removed. The OPA and supporting materials Indicates that the most direct
route from Highway 11 to the subject lands would be from either 4th Line or 5\t1 Line. Presently,
neither of 'these intersections Is being considered for an interchange. The nearest highway
interchange will likely be at 3n1 Line.
Wa~~L !l1la~e
With respecllo section 6.5 of the Environmental Analysis, It should be recognized that MNR
requires a penn it under the Public lands A!tl for the proposed water intake as the intake is
considered an occupation of Crown land.
Market AnalysIs
The need for the residential component of the developm6nt proposal should be assessed within
the framework of existing designated residential land within the Township (i.e., ALCs are not
over and above a municipality's population growth projections). Nol'Nlthstandlng this position,
the following observallons were made with respect to the Market Analysis prepared to justify the
development proposal from a market demand perspective.
Figure 3-1 of the Market Analysis indicates that there are 5,879 approved and unbuilt units in
similar adult lifestyle communities In southern Ontario, with 2.613 of the sa unIts located in
Simcoe County and the Greater Toronto Area (GTA). Notwithstanding that section H4.5 of the
Township of Oro-Medonte Offic/al Plan requires an assessment of approved and unbuilt units In
Simcoe and the GT A, MMAH's research on buyers of ALCs living In the GT A reveals that the
market area for such projects is approximately a two hour drive from the GT A. Therefore, the
number of approved and unbuilt units in similar developments upon which demand for the
proposed ALC development is to be assessed should include all developments within a two
hour drive of the GTA (i.e., 5,679 units).
Using the more aggressive demand scenario from Figure 2-7 of the Market Analysis (Scenario
2), there will be a demand from GTA households for approx)mately 6,050 new ownership AlC
units in southern Ontario between 2001 and 2011. Based on this aggressille demand scenario,
there should be enough new ownership ALC units within the GT A household market area until
at leasl sometIme In 2010. based on the average annual demand of 540 units between 2001-
7
10/15/2003
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416 601 4100 ~ 5133001~917054870133
NU.41:::14
t..'1':;
. ) .. .
(j)
Ministry Pre-consultation Staff Report
County of Simcoe
43-DP-40 10-03002
April 29, 2003
2006 and 670 units between 2006-2011, provided In Figure 2-7. Using the approach that
demand for ALC units in the propos~d development should be based on an assessment of the
number of approved and unbullt units in similar developments within the GT A household market
area, there appears to be no market demand for the proposed AlC development now or in the
near future.
In addition to the 5.879 approved and unbuilt ALC units in southern Ontario, the Market
Analysis has identified approximately 4,175 ground-orlented ALC units in Simcoe County and
Yor\( Region "which have all or most of their planning approvals in place and can be readily
serviced" (this does not include the 4,200 units In the proposed Big Bay Point Resort in
the Town of Innls1ll, which has received no approvals to date). While It is likely that some
of these units will not be fully approved, It Is foreseeable that a large percentage will become
part of the available supply within theGT A household market area between 2001 and 2011,
further decreasing demand for the proposed AlC development, further decreasing the need for
any new AL.C projects.
.~~
Tim Haldenby, MScPl, MCIP. RPP
Municipal Planning Advisor
Victor Doyle, MC1P, P
Manager, Community Planning and
Development
8
\ Q~ - \
TOWNSHIP OFORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PR2003.11 Council Chris Carter
Subject: Department:
Council
Shelter on the Oro-Medonte Parks and Recreation
C.ofW. Lake Country Railtrail at Conc. 1 ,
Thunder Bridge
Date:October 15,2003
Motion #
R.M. File No.
Date:
I'
II BACKGROUND:
Council received correspondence from Mr. & Mrs. Dunsmore at the October 8, 2003 Committee of
the Whole Meeting, opposing the construction of a shelter on the Oro-Medonte Lake Country Railtrail
at Con.1, Thunder Bridge {attachment #1}.
II ANAL YSIS:
I.
Accordingly, staff investigated shelter placement on other trails and report that ten (10) out of twenty
(20) trails in Simcoe County and the surrounding areas have shelters. A review of the Trail Advisory
, Committee minutes dated November 29, 2001 concluded, during a brain storming session for future
trail projects, that shelters on the trail with benches would be costly, although shelters could be
erected pending a partnership (Le., Lions Club) {attachment #2}.
Shelters were a consideration in providing rest areas, shade and possibly to accommodate such
items as plaque recognitions, advertising, etc.
During the development of the McPhees' Landing, Council approved the placement and erection of
the first shelter. During the 2003 budget deliberations, Council also directed funds to be expended
towards a second shelter to be constructed at the South end of the Oro-Medonte Lake Country
Railtrail.
\dG, ~. ~
It is recommended to Council, that staff be directed to continue with the project as outlined during the
budget deliberations.
MMENDA TION (S):
1. THAT report # PR2003-1.1 be received and adopted.
2. THAT staff be directed to complete the erection of a shelter on the Oro-Medonte Lake Country
Railtrail at Conc. 1, Thunder Bridge.
3. AND THAT Mr. & Mrs. John Dunsmore be notified of Council's decision.
Respectfully submitted
/y~
Chris Carter,
Recreation Co-ordinator
C.A.O' Comments:
Date:OJ. \0 ~.).Q)O ~
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~~
C.A.O'
Dept. Head
2
ragt: 1 VI 1
1
Paul Marshall
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From: "Rosemary Dunsmore"
To: <paul.marshall@oro-medonte.ca>
Sent: October 7, 2003 9:01 PM
Subject: proposed shelter on the railtrail at cone. 1
To Mayor and Council of Oro-Medonte Twp.
/pr) - (
We are surprised and disappointed to learn that council has decided to build a shelter on the
. railtrail at Conc.1. We feel that such a structure is unnecessary and will attract loiterers and
vandalism.
Trail users have their car in the parking lot or the bridge is not far away for shelter from the
elements.
No other .trail in Simco.e County has seenJit to build shelters. Benches maybe.
The parKing ot al tile tlrsl cone. attracts Georgian College and hlgn scnOOI students who are
almost sure to congregate in such a building.
Many trail users seem to be solitary or in pairs and may be hesistant to pass such a structure
not knowing who it might be housing.
We do not know who recommended that this shelter be built but I know it wasn't the trail
advisory committee.
Council's priority should be to complete the trail and then maybe consider added features.
We are askina vou to halt the building of this shelter at Conc. 1.
Yours trul"
John and Rosemary Dunsmore
3240 Ridge road w. R R 2
Shanty Say, Ont. LOL 2LO
07110/2003
\ dQ '1..\
ORO-MEDONTE TRAilS COMMllTEE
-
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MEETING NOTES
Purpose:
29 November 2001 - 7:00 p.m.
Township Offices
Bob Birnie - Chair, Rosemary Dunsmore, Debbie Whalen-Barnett,
Chris Carter, Bruce Duncan
Delegation from Oro District Lions Club - Frank lawson, Eric
Rechnitzer
Monthly Trail Committee Meeting - Donor Signs, lions' Delegation
Date of Meeting:
location:
Participants:
DISCUSSION:
1. Adoption of November 29 agenda - Motion by Chris Carter, Passed
2. Disclosure of Pecuniary Interests - None
3. Minutes of Meeting of Monday October 29 - Minutes not available
- Discussion was mainly on the Donor
Signs
4. Resignation of Bill Johnston
. The Trails Committee would like to thank Bill for his contribution and
participation.
. A letter from the Township to thank Sill
. Bill's interest was in the promotion of ATV use on the Railtrail
. There may be others interested in taking on this role
. Bruce will speak to John Broderick of Huronia Trails & Greenways to see
if there are any A TV members in Oro-Medonte who would be willing to sit
on the Trail Committee.
5. Donor Signs
. two potential alternatives
. "Avonite" engraved signs from Elite - cost about $7000 total
. Paper signs covered with Lexan - cost about $1000
. Motion - "To proceed with the donor signs using high quality paper,
covered with Lexan, as per models. Signs to be located in Shanty Bay,
Oro Station and Hawkestone, 10 feet back from the RailtraiL"
. Motion by Bruce Duncan
. Seconded by Rosemary Dunsmore
. Passed
. Motion to be presented to Recreation Committee Dec 6 ( Bob & Bruce to
attend)
. Motion to be presented to Council Dec 12.
6.
Historic & Informational Signs "0 "-
· The Historical Society put a quick list together of at least 25 signs that
could be erected along the Railtrail.
· Would also need a brochure with the signs and locations
· Signs could be as per handout - slated signs 21" x 30"
· Old Tymer Welding can fabricate the frame out of steel and then
galvanize, create a paper sign, laminated wth a Lexan cover.
\~c~ - 5
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· Motion" To proceed with the costing of the proposed historical signs
and report back to the Trails Committee."
· Motion by Rosemary Dunsmore
· Second by Bruce Duncan
· Passed
7 . T-shirt Update
· Oro-Medonte Hiking Club has Railtrail T-shirts available for sale.
/~'
8. Oro District Lions Club Presentation - Frank Lawson & Eric Rechnitzer
· The Oro District Lions Club would like to become involved with the
Railtrail
· Recreation is a focus of the Club & the Railtrail is an opportunity
· Five ideas that were generated at a recent "brain-storming" session
· Organize an annual clean-up ( they already h"8Ve a road clean-
up)
· could use their club garden tractors - 1-2 times per year
· Garbage containers - problem is how to empty
· Hikers Club promotes having users take their garbage out
with them.
· Clea - 1-t.ef-P-ets
· construct signs to remind ~
· Shelters along trail with benches etc.
· costly - potential but needs a partner
>
· Discussion with Comm
· Current Problems
· volunteers not allowed to be on Railtrail for clean-up
· currently no by-law about pets
· Some other ideas
· mileage markers - same as those on Trans Canada Trail
- install as per sample drawing every kilometre
· benches
· bridge decking - two bridges in north end need to be
decked
· work needs to be done by Operations
· Chris to get materials & costs to Frank
· Recognition of the contribution by the Lions - at the site and on
the sponsor board
-
\n
161
cJ~ - j.
· Bob will follow-up with Coynfil about the inability to clean-up the
Railtrail by volunteers - -- --.
· The lions also asked about other trail status in Oro-Medonte -
the Chair indicated that other trails have been considered -
"Windows to the Lake" including 1 st Penetang. Black Forest Lane,
8th line, Hawkestone, Carthew Bay etc.
· Signage for the McPhee Land donation (aside - is there a value
on the land, should they be on the sponsor board?)
· Pavilion - Central Location
- History of Township, benches, information etc/
- something for the future
· The Lions will take some of the suggestions back to their
members, and possibly report back at the next Trail Committee
meeting in January.
9. New Business
· Dog Tag Licence Forms
· Motion - "Could a "Clean-up after your Pet" message be
included on the bottom of any new forms printed?"
· Motion by Rosemary Dunsmore
· Seconded by Debbie Whalen-Barnett
. Passed
· Website - TrailPAQ - Chris to follow-up
· Car Recycling Program By HTG - Debbie to follow-up with Councillor
Hughes about support by Council
· Fibre Optics Cable
- Installation of high-speed cable along Trail
- Rosemary to follow-up
· Press Release - Excellent coverage in the paper
· Trail Patrol- how do we start on the process of having "Trail Captains"
or Trail Patrol"
· Rosemary circulated some ideas
· "Do not Trespass" Signs - signs are still up. Need to be removed.
10. Next Meeting - January 31, 2002 - 7:00 p.m.
11. Motion to adjourn - Bob Birnie - 9:45 p.m.
fQb
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2003-50 Keith Mathieson
SUBJECT: DEP ARTMENT:
COUNCIL:
Heather Lynn Hughes Engineering and
Site Plan Agreement Environmental Services
C'OFW.: Parcel 9-1 Section 51 M-720
Being Lot 9, Plan 51 M-720 DATE:
MOTION #: Township of Oro-Medonte October 8, 2003
DATE: R. M. FILE NO.:
L04-12907
Ms. Hughes is proposing to construct a single family home at Lot 9, Highland Drive, Plan 51 M-720.
A Holding Symbol has been placed on the property requiring the owner to enter into a Site Plan
Agreement with the Township to ensure any proposed building on the lot is contained within the
building envelope approved on the engineering drawings at the time of entering into the Subdivision
Agreement.
Ms. Hughe's application was presented to the Site Plan Committee on September 26, 2003. The
comments from the Committee have been addressed on the revised Site Plan prepared by J. Foster
Engineering Limited dated September 30, 2003.
1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Heather Lynn Hughes
to construct a single family home at Lot 9, Plan 51 M-720.
3. TH T the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement.
~cRP-. ^ ",v.--z.
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TOWNSHIP OF ORO-MEDONTE
REPORT
""
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2003-52 Keith Mathieson
SUBJECT: DEP ARTMENT:
COUNCIL:
FSP Holdings Incorporated Engineering and
Site Plan Agreement ( Settlers Environmental Services
C. OF W.: Ghost Golf Course) Lot 41
and Part E1/2, Lot 42, Cone. 2, DATE:
MOTION #: Being Part 1, 51R-30187, October 9, 2003
(formerly Medonte) Township
DATE: of Oro-Medonte R. M. FILE NO.:
L04-12707
,
FSP Holdings Incorporated has submitted a Site Plan Application to construct an eighteen hole Golf
Course and associated buildings, this was presented to Site Plan Committee on June 19, 2003.
All concerns and comments of Township staff and Township Engineers, R.G. Robinson with respect
to the Site Plan have been satisfied, Nottawsaga Valley Conservation Authority; County of Simcoe
and Ministry of Environment, approvals have been received.
As part of this Site Plan Agreement (1.0) the owner and the Municipality must enter into a road
agreement to upgrade Line 1 North. This agreement has been completed in draft form, the owner
has posted security for the road agreement and will come before Council October 22, 2003 for
consideration.
RECOMMENDATION(
1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte and FSP Holdings Incorporated enter into a Site Plan
Agreement to construct an Eighteen Hole Golf Course and Associated Buildings.
3. THAT the Clerk prepares a By-law for Council's consideration.
I Qd -- \
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2003-51 Keith Mathieson
SUBJECT: DEP ARTMENT:
COUNCIL:
Weatherwise Aviation Engineering and
Incorporated - Site Plan Environmental Services
C. OF W.: Agreement - Part Lot 19,
Cone. 7, Parts 3 and 4, DATE:
MOTION #: Registered Plan 51 R-31319 October 10, 2003
Together with an Easement
DATE: over Parts 6 and 7, Plan R. M. FILE NO.:
51 R-31319, Being all of PIN#'s L04-12906
58546-0068 and 58546-0069
TOWNSHIP OF ORO-MEDONTE
REPORT
Weatherwise Aviation Incorporated has submitted a Site Plan Agreement to construct a
3,039.3 sq. m. hanger at Lake Simcoe Regional Airport.
The Site Plan for Weatherwise Aviation Incorporated was presented to the Site Plan Committee
on August 25, 2003. All outstanding issues from Township staff, R.G. Robinsons and Associates
Township Engineers and Airport Commission have been added in the revised drawings received
September 26,2003. The Township, Lake Simcoe Regional Airport Commission and the owner have
a Letter of Intent in place to construct a water storage facility for fire protection (attached).
1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte, Lake Simcoe Regional Airport, and Weatherwise Aviation
Incorporated, enters into an agreement to construct an on-site water storage facility for fire
protection.
3. THAT the Township share of the cost to construct the fire storage facility be considered in the
2004 Budget deliberations.
. \. n ~.
\ d,C
4. THAT the Township enters into a Site Plan Agreement with Weatherwise Aviation Incorporated to
construct a 3,039.3 sq. m. hanger on Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan
51 R-31319, together with an easement over Parts 6 and 7, Plan 51 R-31319, being all of PIN#'s
58546-0068 and 58546-0069.
5. THAT the Clerk prepares a By-law for Council's consideration.
QJ,j ~~
~O \D7
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-213133 12: 12 PM
p_e2
I ~~}d - 3
Lal{e Simcoe Regional Airport
224 Line 7 North, RR#2
Oro Station, Ontario
Canada
LOL 2EO
}'!tont: (705) 487.0999 Fllx: (70~) 487.1411
Kmnil: ISrA@~golv~.lIct Web: www.JllkeslmcOtlllrporl.C()m
August 28, 2003
Ms Jennifer Zieleniewski, CAO
Corporation of the Township of Oro-Medonte
148 Line 7 South. Box 100
Oro, Ontario
LOL 2XO
RE: Commercial Development
Dear Ms Zieleniewski:
Pursuant to Our meeting of yesterday, please note the following.
During the August 21, 2003 Luke Simcoe Regional Airport Commission meeting, the requirement of on-
site water storage for fire suppression relating to UKCAN 11 Incorporated's Commercial Development
proposal was reviewed. I have been directed to inform you that. the Commission wiH look favourably at
participating in an equal three-way cost sharing arrangement between the parties of the Township of Oro-
Mcdonte, UKCAN II Incorporated and the Lake Simcoe Regional Airport for the installation of a 20,000-
gaJlon water storage facility. It is the understa.nding Qf the Lake Simcoe Regional Airport Commission that
this requirement, stemming from the Site Plan Approval process, is sufficient for only one of the UKCAN
11 proposed hangar facilities and is estimated to carry a total project cost of approximately $35,000.00. It is
also understood that this water storage will be available for general fire suppression use for a11 othel' areas
of the airport as well as u!\es deemed by the Township ofOro-Medonte Fire and Emergency services.
It was also discussed at the August 21, 2003 Commission meeting that further on.site fire suppression
capabilities will be a requirement throughout the various phases of commercial development activities at the
airport. As the Township of Oro-Medonte is the provider of fire and emergency services at the Lake
Simcoe Regional Airport. we look forward to working with your offices to facilitate these requirements.
If you have any questions regarding the aforementioned, please do not hesitate to contact me at (705) 487-
0999.
Sincerely.
~ake 51 cpc Regional Airport
~!
~<<C~
Michael J. Drumm
Airport Manager
cc Lake Simcoe Regional Airport Commission
Mr. Peter Waters, UKCAN II Incorporarcd
\'::1-e-
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COMMITTEE OF THE PREPARED BY:
EES2003-48 WHOLE Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
Continuation of South Engineering and
Simcoe Groundwater Environmental Services
C. OF W.: Steering Committee
DATE:
MOTION #: October 10, 2003
DATE: R. M. FILE NO.:
E05-11704
In 2001, the Ministry of the Environment made funds available to facilitate a regional Groundwater
Study, due to the size of the County of Simcoe and physiographic differences between northern and
southern portions. This report was split into two studies and as a result of the splitting, Oro-Medonte
was divided into two study areas, North Simcoe and South Simcoe.
Each study area established a Steering Committee comprising of the Ministry of the Environment,
County of Simcoe, Simcoe County District Health Unit, Nottawasaga Valley Conservation Authority,
Lake Simcoe Regional Conservation Authority, and the Severn Sound Environmental Association, as
well as adjoining municipalities. Mr. Wayne Wilson of the Nottawasaga Valley Conservation Authority
chaired the South Committee and Mr. Keith Sherman of the Severn Sound Environmental Association
chaired the North Committee.
Attached for Council's perusal is correspondence dated September 2, 2003 from the South Simcoe
Groundwater Partnership requesting the Township's continued participation in the South Simcoe
Groundwater Study Steering Committee, as well as a background report on the accomplishments and
future visions of the South Simcoe Groundwater Partnership. Since the terms of reference and the
same consulting firm (Dixon Hydrogeology Limited) were used for both the North and South Simcoe
studies, the accomplishments of the North study is consistent with the South study.
I~~-d,
Continuation of the South Simcoe Groundwater Partnership beyond completion of the municipal
groundwater studies is deemed necessary by the Steering Committee for four main reasons as
follows:
1. Many of the wellhead protection areas (WHPA's) completed crosS political boundaries
necessitating open communication and co-operation between the affected municipalities, with
respect to groundwater protection and management strategies;
2. The existing Steering Committee, or a planning sub-committee thereof, is viewed as an
appropriate forum to discuss policy development, ensure a level of consistency in policy intent
across the region and to access technical expertise to aid in implementation;
3. The large amount of data generated during the course of the Groundwater Study requires
ongoing maintenance and updating in order that it remain current, and this effort needs to be
co-ordinated across the study areas; and
4. Future provincial source water protection initiatives will benefit from the continued co-operation
among the members of the South Simcoe Groundwater Partnership.
1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte continues its participation in the South Simcoe Groundwater
Partnership.
3. THAT Township staff be authorized to attend meetings, as required.
4. THAT the Severn Sound Environmental Association, SSEA, Nottawasaga Valley Conservation
Authority, and Township staff meets to discuss maintenance of data generated during the course
of the North and South Simcoe Groundwater Studies, and ongoing maintenance and updating of
the data in order for the data to remain current across both study areas.
Keith Mathieson
.(:JJ (\~
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"Conserving our Healthy Waters"
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.
South Simcoe
Groundwater Partllership
.
September 2, 2003
South Simcoe Groundwater Partnership
Steering Committee Members
Re:
Continuation of the South Simcoe Groundwater Study Steering Committee
Dear Partners;
The South Simcoe Groundwater Study has recently been completed and is present1y being submitted for
review by the Ministry of the Environment. This study was undertaken under the direction of the South
Simcoe Groundwater Partnership (SSGP) made up of representatives from 17 partner agencies. The
groundwater study has developed a comprehensive database of groundwater conditions within the
southern portion of the County of Simcoe and has made a number of recommendations for the continued
management of the groundwater resource.
The accompanying brief outlines a plan for the continuation of the SSGP after the completion of the study.
Continuation of the SSGP is required to:
. Facilitate open communication and cooperation between municipalities which share wenhead
protection areas
. Discuss policy development and ensure a level of consistency in policy intent across the planning
area
. Provide and maintain a centralized groundwater database
. Provide a forum to discuss policy development with respect to new water-related provincial
initiatives
The purpose of the brief is to solicit support from each of the participating agencies for the continuation of
the Partnership and specificany for continued agency representation in the SSGP.
If the concept of continuing the SSGP is supported, a detailed tenTI of reference win be developed to
clearly define the Partnership's role. Funding requests would be submitted through the Conservation
Authority's budgetary process because of their ability to coordinate this type of program.
Study Parhlers;
Nottawasaga Va]]ey Conservation Authority, Lake Simcoe Region Conservation Authority, County of Simcoe, City of Barrie, Adjala-Tosorontio
Township, Town of Bradford/West-Gwillimbury, CFB Borden, Clearview Township, Town of Co]]ingwood, Essa Township, Town of hmisfil,
Town of New Tecumseth, Oro-Medonte Township, Springwater Township, Town of Wasaga Beach,
Simcoe County Dish-ict HeaJth Unit, Ontario Minish)' of Environment
\?\:?-y
Please review the attached brief and respond prior to October 3, 2003. It is important to build on the
success of the groundwater study and to continue the work of the SSGP into the future for the
management of this important natural resource. If you have any questions or comments please feel free to
contact us and discuss them.
Yours sincerely,
Wayne Wilson, CAO
Chair, South Simcoe Groundwater Partnership
Nottawasaga VaHey Conservation Authority
D. Gayle Wood, CMM III, CAO/Secretary-Treasurer
Lake Simcoe Region Conservation Authority
Study Partners;
Nottawasaga VaHey Conservation Authority, Lake Simcoe Region Conservation Authority, County of Simcoe, City of Barrie, Adjala-Tosoronho
Township, Town of BradfordjWest-Gwi]]imbury, CFB Borden, Clearview Township, Town of Co11ingwood, Essa Township, Town of lnnisfi],
Town of New Tecumseth, Oro-Medonte Township, Springwater Township, Town of Wasaga Beach,
Simcoe County District Health Unit, Ontario Ministry of Environment
SOUTH SIMCOE GROUND'" A TER PARTNERSHIP
MOVING FROM SHORT TERM PROJECT TO LONG TERIVI PROGRAM
1.0 BACKGROUND
The South Simcoe Groundwater Partnership (SSGP) was established in October 2001 to
submit an Ontario Ministry of Environment funding application and facilitate a regional
groundwater study for the southern portion of the County of Simcoe (Figure 1). The
groundwater study was intended to satisfy two objectives;
. To define regional hydrogeology through a series of maps and datasets, and
. To provide planning tools for managing and protecting groundwater resources.
'" \:. \. ~
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Figure 1: South Simcoe Groundwater Partnership study area.
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The study area encompassed the portion of the County of Simcoe that is south of the crest
of the Oro Moraine and the Wye River, plus a buffer of 5 km. The SSGP Study partners
origina]]y included: Nottawasaga Va]]ey Conservation Authority, Lake Simcoe Region
Conservation Authority, County of Simcoe, City of Barrie, Simcoe County District
Health Unit, Ontario Ministry of Environment, Adjala- Tosorontio Township, Town of
Bradford/West-Gwi]]imbury, Clearview Township, Town of Co]]ingwood, Essa
Township, Town of Innisfil, Town of New Tecumseth, Oro-Medonte Township,
Springwater Township and the Town ofWasaga Beach. In December 2002, the SSGP
welcomed CFB Borden to the group.
Through the partnership that has been formed between the 17 partner agencies, the
regional groundwater study has progressed successfu]]y and draft versions of study
deliverables have been circulated to each steering committee member for review. One of
the recommendations made in the final report is for the continuation of the SSGP to
provide local leadership in the implementation and coordination of groundwater
management initiatives across the study area. That recommendation is fu]]y supported by
the members of the steering committee and is the impetus behind the creation of this
document recommending the continuation of the SSGP.
2.0 VISION/NEED FOR A LONG TERM PROGRAM
Continuation of the SSGP beyond completion of the municipal groundwater study was
deemed necessary by the steering committee for four main reasons as fo]]ows;
1. Many of the we]]head protection areas ('WHPAs') extend across political
boundaries necessitating open communication and cooperation between the
affected municipalities with respect to groundwater protection and
management strategies;
2. The groundwater study final report includes a number of generic policy
recommendations with respect to groundwater management. The
implementation of those policies, however, wi11 remain the responsibility of
each municipality. The existing steering committee, or a planning sub-
committee thereof, is viewed as an appropriate forum to discuss policy
development, to ensure a level of consistency in policy intent across the
region and to access technical expertise to aid in implementation;
3. The Steering Committee recognizes that, over the long-term, the study
products wi]] require updating (every 3-10 years, or as deemed appropriate) to
reflect changing conditions and ensure future accuracy. To facilitate such
updates in a cost-effective manner, the database upon which the study is
largely based must be kept current. Because the province has not yet
established a data management system, the Steering Committee has
recommended a local data management strategy involving all study partners
that would ensure the on-going maintenance of study data. Inter-agency
communication and cooperation stemming from the SSGP would ensure the
success of such a data management initiative; and
\ -1 '"
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4. Largely as a resuJt of the WaJkerton tragedy, there are a variety of activities
that are currentJy unfolding at the ProvinciaJ level, in addition to the
municipaJ groundwater studies, a]] of which are water related. These incJude:
· Source Water Protection Plan;
· Nutrient Management Plan;
· Oak Ridges Moraine Conseryation PJan;
· Safe Drinking Water Act;
· Revisions to the Permit To Take Water system; and
· Revision to reguJation 903 (water we]] construction).
The existing steering committee, or pJanning and technical sub-committees
thereof, represent appropriate forums to discuss policy development and to
access technical expertise with respect to these provincial initiatives.
3.0 CURRENT STATUS AND FUTURE DIRECTION
The regional groundwater study has accompJished a great deaJ in a short time frame with
the assistance of provinciaJ funding, diJigent consultants and a core of interested and
dedicated member agencies. Study progress to date and the envisioned role of the SSGP
can genera]]y be dassified under the fo]]owing four areas: Data Management; Technical
AnaJyses; PoJicy/PJanning Initiatives; and Stewardship and Education.
Data Management
Data management is one of the areas where the partnership tremendously benefits each
agency invoJved. The SSGP was quick to recognize the vaJue of a consistent data
management format, and invested in the development of a data model that is quickly
becoming a provincial standard. The data model, origina]]y constructed for the Oak
Ridges Moraine Conservation Coalition, was used as the platform in which provincial
data was circulated for the municipal groundwater studies, and is the structure into which
a]] of the SSGP information wi11 be stored. CurrentJy, the database incorporates:
· a]] of the water we]] records from the Ministry of the Environment's Water We]]
Record database (induding 6,000 weBs that have been assessed for location);
· selected key we]]s that have been added to the database by the consulting team;
· pumping and hydraulic test data from municipal supply we]]s;
· permit to take water information as provided by the MOE (current as of
December 2001);
· spot streamflow measurements from the SSGP baseflow survey;
· selected stream flow data from Environment Canada's Hydat Database; and
· geological layer "picks" from the modeling exercise.
Additional data that can be stored in the data model include:
· regional water level data from monitoring we]]s (municipal, County (landfi11) and
CA weBs);
· streamflow data from CA and Environment Canada permanent gauges;
· water quality data from municipal sources (treated and raw groundwater), County
and CA monitoring (groundwater and surface water);
· CA and Environment Canada meteorological data; and
\~
· water use information.
Maintenance of the data model is envisioned as fo]]ows:
· new relevant information (water level data, boreho1e logs and/or geologica]
interpretation from groundwater investigations, water quality data, pump test data
etc.) acquired by municipalities and CAs should be copied to the data 'custodian'
(potentia]]y the LSRCA);
· in cooperation with partner and other agencies, the SSGP could adopt specific
standards for data collection so that new data is of a high quality;
· a]] new information received would be appended to the database regulady under
the supervision of a Hydrogeologist;
· the database custodian should fo]]ow a metadata process to track data and data
quality; and
· annua]]y, or more frequenOy if necessary, the updated database wi]] be circulated
to the SSGP partners for their use and, uJtimately, to faciJitate future municipal
and regional investigations.
Technical Analyses
To date, the SSGP has provided to date overa]] direction, project management, and
technical review but has relied upon a group of consuJtants to complete the groundwater
investigation. It is anticipated that the SSGP would undertake some technical work (such
as baseflow surveys, water level surveys, water quality studies, water use estimate
refinements etc.) but would, in future, continue to rely upon contracted expertise for
major study additions or revisions.
AJthough there wi]] exist some disparity in the scale of investigation across the county
related to the quantity and quality of information available, the municipal groundwater
studies wi]] have significantly improved the understanding of regional hydrogeology.
The status of selected study products delivered by the consulting team is summarized
below
· As of January 2003, every municipal we]] within Simcoe County wi]] have a
We]]head Protection Area (WHP A) defining groundwater travel times (50-day, 2-
year, lO-year and 25-year capture zones) contributing to municipal we]]s based
upon future pumping rates (estimated according to anticipated growth). Where
sufficient hydrostratrigraphic data existed the WHP As were defined based upon
three-dimensional numerical modeJing. These models wi]] remain the joint
property of the steering committee and the MOE, and can be used in future to
examine the potential impact of proposed development upon the defined WHPAs
and municipal aquifer water 1evels. Whi1e it is anticipated that consultants wi]] be
retained to undertake such model manipulations, the SSGP is viewed as a
technical resource available to municipalities in this situation.
Where available data were sparse and/or of poor quaJity, the WHP As were
defined based upon an analytical model solution, which does not have the same
predictive capabiJity. Additional data would need to be co]]ected to facilitate the
development of numerical models in future. As described in the Data
\:J~ '-9
Management section above, the SSGP wj}] continue to gather and efficiently store
information across the county to further characterize these areas of sparse data
coverage and make possible future numerical modeling.
. Digital maps and datasets characterizing the hydrogeology ofthe entire county
wj}] have been created according to the M OE Technical Terms of Reference
(TOR). Among these products are some 'key maps relevant to groundwater
protection policies including Aquifer Vulnerability, Recharge Areas and
Discharge Areas. As described in the Data Management section above, the SSGP
wi11 continue to gather, verify and append new data to the study database to
facilitate future updates of these mapping products and ensure their continued
accuracy.
Policy Planning InitiatiYes
The groundwater study pJanning recommendations that are currently under review have
been prepared in consuJtation with several municipal pJanning staff from across the study
area. The challenge that municipalities wj}] next face is implementation of groundwater
protection policy. Through the partnership arrangement, an opportunity exists for policy
planners to interact with technical staff from the various partner agencies in order to
ensure that policies are written in ways that make sense and are achievable from a
technical point of view. The role of the long-term partnership would be to provide
overall direction in terms of setting reasonable policies and, in the absence of provincial
direction, ensuring that there is an overaB consistency across the area.
Stewardship & Education
For key messages, especia11y from a regional perspective, there could be a role for the
partnership to produce educational pieces that promote the understanding and
appreciation for water resources and their function across the landscape, without
competing with partner agencies that already provide an educational message to residents
in terms of weB maintenance, water conservation, etc.
3.] CONSJDERA TJON ] - Long Term Costs
To date the SSGP Groundwater Study has received funding from the MOE, member
municipalities and CFB Borden. Upon completion of the current groundwater study, the
SSGP wi11 have some funds available to maintain the group and fund minor
implementation or study refinement initiatives through the end of 2003. In 2004,
funding of the SSGP would be incorporated into the regular Conservation Authority
budgeting process as a special benefiting levy. The formula for funding would mirror the
formula originaBy utilized to determine the municipal contributions to the groundwater
study, and, for those municipalities that cross CA boundaries, would be divided between
each CA based upon land area within each. The Base Borden contribution would fo11ow
the same cost-sharing formula used for the South Simcoe Groundwater Study.
This funding would be directed to the costs of a database manager and miscel1aneous
expenditures related to the operation of the committees. At this funding level, the
\ de "' '0
program could be sustained largely as a data management organization, providing limited
hydrogeological input t9 partner organizations. The above initial estimate assumes:
· that staff wj]] continue to be accommodated at the offices of one of the partner
agencies and that no significant office rental costs wj]] ensue; and
· that staff wj]] continue to make use of administrative infrastructure at the partner
agencies so that no administrative costs wj]] be incurred.
3.2 CONSIDERA TION 2 - Geographical Boundaries (to be addressed in
2004)
The size of the county and physiographic differences between northern and southern
portions were cited by the MOE as the rationale for splitting Simcoe County into two
studies. One of the management recommendations made in the drafts of both study
reports, however, is for the two steering committees to work together to provide
groundwater management direction. The NVCA has also expressed a desire to indude
municipal representation from the western portion of the NVCA jurisdiction in an attempt
to form a water management group on a watershed basis. Some points to consider are
offered below:
· The database(s) utilized for the north and south Simcoe studies were county wide
as essentiany the same consulting team worked on both studies, while totany
separate databases (in different formats) from previous groundwater
investigations exist for those municipalities within the western portion of the
NVCA watershed;
· An amalgamated group would benefit from the expanded team of technical and
planning professionals;
· A county or watershed wide planning work-group would aid in establishing
consistent policy;
· The county and NVCA watershed each cover a large geographic area. It may be
difficult to get a]] members from an expanded group together for logistical
reasons;
· A unified group for the entire county would benefit those municipalities that
straddle the study divide(s) by eliminating the possibility of different
recommended policy directions in one part of the municipality, would reduce the
number of meetings to attend, and, should data management efforts also be
joined, result in one place to send and receive information;
4.0 CONCLUSIONS AND RECOMMENDA TIONS
As water becomes a more stressed resource and demands for dean water increase, there
is significant potential to build on the successes of the municipal groundwater study to
create a model for future water management within the County of Simcoe. In order to
build on the initial success of the SSGP, it is recommended that the partnership project be
moved to a long-term program with commitment from partner agencies both political1y
and financiany.
; .
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Recommendations for 2004
. To continue the South Simcoe Groundwater Partnership
. That the steering committee deveJop an operating budget for 2004 and that
operating costs be incorporated within CA budgeting processes as a speciaJ
benefiting Jevy
. That the steering committee deveJop a detaiJed term of reference to cJearJy
define the SSGP's roJe.
. That the steering committee consider its jurisdictionaJ boundaries as per Section
3.2 above
"
.
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: COUNCIL Prepared By:
ADM 2003-047 Jennifer Zieleniweski
Subject: Department:
Council _XX
Lakeshore Promenade ADMINISTRATION
C. of W.
Concession 11, Plan 626, (Oro)
Date: October 10, 2003
Motion #
R.M. File No.
Date: _Oct 15,2003
CKGROUND:
In the year 2000, the Township Solicitor provided Council with two options to consider with respect to
the municipal lands known as Lakeshore Promenade in Plans 626 and 1488. Notice of a public
meeting, to be held on Saturday May 13, 2000 at 9:00 a.m. in the Council Chambers, was circulated
requesting input from residents with regard to the Options available to Council relating to the Road
Allowance (attachment #1).
Background information was presented and the Township solicitor provided clarification regarding the
two options. The direction emanating from the May 13, 2000 meeting was that the residents be
offered supplemental opportunity to provide the Township with input regarding an option that was
preferred within their "community".
Subsequently, several meetings occurred with the residents being encouraged to submit, in writing,
their position for Council's consideration. Council received the correspondence at their meeting of
October 12,2000, along with report number ADM 2000-69.
"
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, Essentially, Report ADM2000-69 recommended that the portion of the Promenade that the Township
wished to maintain be secured by its development and that the balance of the lands be offered to the
abutting homeowners. Report ADM 2000-69 was defeated by Council. Council directed THAT the
Lakeshore Promenade is to remain as public land in its entirety. THAT vehicular traffic be prohibited
on the Lakeshore Promenade from Blackman Boulevard to Myrtle Avenue. AND THAT the
boundaries between the Promenade and adjoining properties be defined.
During the 2003 budget deliberations Council approved the allocation of $ 50,000.00 dollars be
toward the development of a walking path at the Lakeshore Promenade. A Working Group
consisting of eight residents was struck to seek public input with respect to the design of the walking
trail. They are as follows:
· Dick Bartlett
· Renee Paris
. Corinne M. Boyce
· Spiro Catania
· Hal Regan
· Steve Castellani
. Vicky Shepherd
· Marley Greenglass
The Working Group met at the municipal office on three occasions, September 9,25 and October 9,
and attended a Saturday site visit on September 13, with the Recreation Co-ordinator and the CAO.
The Working Group discussed the issues relating to use of the Lakeshore Promenade, and were
provided with the current correspondence received by Council. At their meeting of September 9th,
the Working Group outlined their focus: safety issues, retention of the natural beauty, funding
allocation on improvements to water access and education of the public. At the site meeting of
September 13, discussions included;
· Retain the pathway as natural; the Recreation Coordinator to investigate use of stones to
delineate and direct residents on the pathway.
· Develop public access to the waters edge. The Working Group suggested two areas; the
road end of Blackman Boulevard as a preferred site for an accessibility ramp and swimming
dock; and mid-pointbetween Blackman Boulevard and Simcoeside as a public
sitting/swimming area. Suggestions also included look out points at Simcoeside and Myrtle
Avenue.
· Safety issues; placement of bollards, the trimming of trees and stationary and non -stationary
encroachments.
. An implementation plan.
The Working Group's preference was to leave the Trail as natural as possible. Discussion also
occurred with respect to each person's definition of "natural". The Working Group were advised
that leaving the Promenade "as is" was not an option given that "as is" did not address the
concerns raised by residents with respect to establishing a boundary between the Promenade and
adjoining properties. With respect to design options, the Recreation Co-ordinator investigated other
area trail designs (attachment # 2).
2
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Options for delineation were considered by the Working Group and are as follows;
. curb and screenings
. screenings
. shrubbery
. markers (post & signage)
. markers (stone)
The Working Group's first preference was the installation of in-ground stone every eight to ten feet.
Based on public input, the staff tabled for discussion the need for a playground in the area. Staff
also advised the Working Group of Council's policies with respect to the funding of playgrounds. A
Member of the Simcoeside Ratepayers Executive serves on the Working Group and invited those
present to join the association to present to Council, in 2004, a request for consideration of the
construction of a playground and to spearhead a fundraising campaign. There was a commitment
shared by all the Working Group. (attachment #3)
A separate site visit was conducted with the Director of Fire and Emergency Services, the Director of
Building and Planning, the Road Superintendent, the Recreation Co-ordinator and the CAO to solicit
their expertise with respect to safety issues, compliance with the municipal By-laws and the d~sign.
As a result, the Director of Fire and Emergency Services issued a letter to all residents abutting the
Lakeshore Promenade Plan 626, to remove any constructed "burn pit" on Township owned property
(attachment #4). Department Heads highlighted other immediate safety issues along the
Promenade: open derelict marine rails, as well as placement of construction equipment on the
Promenade. Senior staff identified areas that required brushing and tree trimming, Le. where growth
impeded emergency vehicles. The requirement for the Township to re-establish the road allowance.
at Owen Street, for emergency access purposes was also recognized. During the site visit staff
identified that a resident had installed an underground pipe emptying at the lake's edge. A die test
will be initiated to determine the contents of the waste materials.
Further comments from residents (attachment #5) have been taken into consideration.
ANAL YSIS:
The general consensus of the residents on 2000 was better delineation of the Lakeshore
Promenade, some improvements to it as a walking trail and lakeshore access. The public input and
the attitudes remain consistent through the years.
The area referenced as Lakeshore Promenade has a history with many complex issues and includes
addressing both the road allowance and the lands between the top of bank and the water's edge.
To facilitate and assist with the analysis, the Working Group examined the Promenade in Sections.
Section 1
This section starts with the southwesterly portion of the Lakeshore Promenade from the East
boundary of Simcoeside Park to Blackman Boulevard. It was determined that the road allowance
remain open by reason of Section 34 of the Municipal Act, to provide egress and ingress to
homeowners to their respective properties.
3
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~ Section 2
This area encompasses lands from the second residence on Blackman Boulevard to Myrtle Avenue,
Section 34, subsection 7, of the Municipal Act would not apply, given that these residents have
access to and from their properties other than by the Lakeshore Promenade.
Section 3
This area includes the lands from Myrtle Avenue, proceeding in an easterly direction, to the property
boundary between Lot 63, Plan 626 and the Ukrainian National Federation Lands. Similar to lands
described in Section 1, Section 34 of the Municipal Act would apply in this situation with respect to
ingress and egress to the residents' respective properties.
October 9, 2003 the Working Group minutes recording the general consensus;
. Delineation of the Lakeshore Promenade.
. Keep the pathway natural, stones to delineate and direct residents on the pathway.
. Place emergency bollards at Blackman
. Close up part of Simcoeside part way
. Place barriers at Simcoeside.
. Township to re-establish road allowance on Owen Street
. Place emergency bollards at Owen Street
. Place emergency bollards at Myrtle Avenue
. Develop public access to the water's edge by utilizing the road end at Blackman Boulevard
with an accessibility ramp and a swimming dock, placement of the dock on a trial basis for one
season.
. Mid-pointbetween Blackman Boulevard and Simcoeside, develop a small public
sitting/swimming area.
. Suggestions also included look out points at Simcoeside and Myrtle Avenue.
. Township to clean up the Promenade i.e. garbage cans, thick brush.
. Township to contact homeowners to fill in the two existing marine rails (safety issue)
. Township to contact abutting homeowners to remove all items that are not stationary from the
Township property; individual request can be submitted to Council for consideration i.e. this
years storage of docks.
. Township to contact abutting homeowners concerning items that are stationary such as docks,
steps, sheds and pump houses, septic systems and wells for consideration of a Lease
Agreement with Council. It was also the general consensus that once a septic system or well
has been identified for replacement it should not be replaced on Township property.
. Township to advise homeowners that noncompliance will result in the Township removing the
encroachment at the homeowner's expense.
. For maintenance purposes, it is recommended that the abutting homeowners be encouraged
to continue present grounds maintenance of those portions outside the walking path.
. For maintenance purposes, Township to maintain pathway, garbage receptacles, benches,
picnic tables and public areas designated for water access.
. Township to maintain proper signage, i.e., poop and scoop, no boat docking, dogs on leash,
no vehicular traffic.
. Township to educate public through signage.
. Township to identify all underground utilities and agreements.
4
Note: definition of a natural path from the Working Group was to place stones in ground to provide
delineation. CONFIRMED by Working Group
The Working Group also made recommendations with respect to the implementation or possible
phase-in of the development as follows:
Phase 1:
. The Township commence the process to stop up and close the appropriate sections of the
Promenade, from Blackman to Myrtle, Simcoeside and Owen Road.
. The Township install emergency bollards.
. Township to contact abutting homeowners to remove all items that are not stationary from the
Township property; individual request can be submitted to Council for consideration Le. this
years storage of docks.
. Township to contact abutting homeowners concerning items that are stationary such as docks,
steps, sheds and pump houses, septic systems and wells for consideration of a Lease
Agreement with Council. It was also the general consensus that once a septic system or well
has been identified for replacement it should not be replaced on Township property.
. Township to advise homeowners that noncompliance will result in the Township removing the
encroachment at the homeowner's expense.
. The Township put affected homeowners on notice with respect to safety issues: the two
abandoned marine rail beds, testing of underground piping, removal of construction
equipment, etc.
. The Township clean up debris, Le. barrels, leftover docking.
. The Township to brush the identified areas of concern.
. The Township initiate development of the trail within the Promenade, the placement of stone,
Le. 8 to 10 feet apart, the development of a small sitting, swimming area mid-way between
Blackman and Simcoeside.
Phase 2:
That the road end at Blackman Boulevard be developed for water access, with an accessibility
ramp and swimming dock (placement of the dock on a trial basis for one season including
signage with regard to no boat docking).
Phase 3:
That Simcoeside and Myrtle Avenue be developed as scenic look out points, including benches
and (2) tables.
5
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_ Pending Council approval, and given the time of year, best efforts will be made by staff to bring
Phase 1, as recommended by the Working Group, to fruition by year's end.
Submitted for Council's consideration is the cost with respect to the development of Phase 1 of the
Lakeshore Promenade:
. For the placement of bollards at two homes in from Blackman Boulevard, Simcoeside and
Myrtle Avenue - estimated cost $ 3,000.00.
. For the development of a sitting, swimming area at the mid-point between Blackman
Boulevard and Simcoeside regarding removal of cement blocks and general clean up -
estimated cost $ 300.00 (own forces).
. For the delineation of the trail- estimated cost $ 20,000.00.
Although not reviewed by the Working Group, it is recommended that Council consider that
permanent markers be placed on each property by the Township to delineate the boundary between
the Promenade and adjacent properties.
It is also recommended that the Working Group meet once a year, prior to budget deliberations, to
review the progress of the project and, if necessary, make recommendations.
COMMENDATION (S):
1. THAT report ADM2003-047 be received and adopted.
2. THAT the correspondence dated September 16,18, October 9 and 10,2003 from Diana Gerrard;
the correspondence dated August 22,2003 from Frank Lawson; and the correspondence dated
October 14, 2003 from Marley Greenglass, be received.
3. THAT the recommendations listed in Phase 1 be implemented immediately.
4. THAT the recommendations listed in Phase 2 be considered by Council during the 2004 budget
deliberations.
5. THAT the recommendations listed in Phase 3 be considered by Council during the 2005 budget
deliberations.
6. THAT a permanent marker be placed on each property by the Township to delineate the
boundary between the Promenade and the adjacent properties.
7. THAT the Working Group be recognized for their contribution toward the project.
Respectfully submitted,
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6
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NO'nCE OF PUBLIC MEETIm; REGARDING
OPTIONS FOR LAKE SHORE PROMENADE
(LAKESHORE PROMENADE - PLAN 626 AND 1488)
The Township of Oro-Medonte is requesting input from the residents within the above noted
subdivision.in regards to the Options available to Council with respect to the Road Allowance.
A meeting will be held on Saturday May 13, 2000 at 9 a.m. at the Township Administration Building
in the Council Chambers to receive input on the option indicated below:
AI Proceed with Road Closing and Sale in accordance with Section 297 of the Municipal Act
BI Maintain as Public Highway and proceed with By-law to close up to vehicular traffic in accordance
with Section 297 (Subsection 9) of the Municipal Act
A key map of the affected properties is provided below.
If you wish additional information on this matter please contact Jennifer Zieleniewski, C.A.O. 9r
Andria Leigh, Planner, between 9:00 a.m. and 4:30 p.m. at the Township of Oro-Medonte
Administration Building at 487-2171.
DATED at the Township of Oro-Medonte this 27th day of April 2000.
KEY MAP
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THE CORPORATION OF THE
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Box 100
Oro, Ontario
LOL 2X0
Telephone
(705) 835-5568
Fax
(705) 835-5884
TOWN&tlIP
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FIRE &.. EMERGENCY SERVICES
September 26, 2003
" Registered Mail"
Dear Resident:
RE: LAKESHORE PROMENADE PLAN 626, ORO-MEDONTE
(FORMERLY ORO)
At a site visit on September 24,2003, to the above noted Township owned promenade, it
was noted that there are numerous" burn pits" located on both of and on Township owned
property .
Ontario Fire Code G.Reg 388/97 as amended Section 2.6.3.4, does NOT permit open air
burning.
If you have constructed a " burn pit" on Township owed property, please remove it
immediately. You have until October 19,2003 to comply or the Municipality will take
appropriate action.
If you have any questions, please call my office at (705) 835-5568.
Yours truly,
:l21~~
Paul Eenhoorn
Oro-Medonte Fire and Emergency Services
f-I--(-( fJU/rYle07 ..H- 5
Page 1 of 1 ,
(J
Jennifer Zieleniewski
Sent:
To:
From: Diana Gerrard [dianagerrardla@rogers.com]
Tuesday, September 16, 2003 10:28 AM
don. bell@oro-medonte.ca; harry. h ughes@oro-medonte.ca; neil.craig@oro-medonte.ca;
paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca
Cc: cao@oro-medonte.ca; garfield _ dunlop@ontla.ola.org; ddawson@orilliapacket.com
Subject: Promenade
It seems there has now been some discussion about building a stepping stone path along the Promenade. I am
not sure how seriously stepping stones are being considered, but I would comment as follows:
1. Stepping stones, at the best of times, are a tripping hazard. Further they do not facilitate accessibility. For
these reasons, the Ontario Government, the University of Toronto and the City of Toronto will not allow stone (or
unit pavers for that matter) on their property unless it is mortared onto a properly engineered concrete
base;
2. In order to reduce frost movement, stepping stones need a proper granular base. If a base is to be laid in this
location, it has inherent in it all of the same engineering problems as the gravel pathway;
3. Stone is expensive if properly installed. If it is not properly installed it is a waste of money because it will
break apart;
4. Installing stones would preclude the other items the Working Group has stated as the residents' priorities for
the $50,000.00 budget;
5. In Europe, grass walkways over both public and private lands are everywhere. The same is true in King
Township south of here. These walks are beautiful. They are well-used, economical, and do not impact the
environment. The best work is informed by precedents, not imposed, out-of-context, on the land;
6. I am not sure why the temptation remains to ignore the opinions and priorities of the people who live in Plan
626. Particularly when the Promenade is supposed to service only those of us who live here. You are our elected
representatives and our civil servants;
7. I repeat that anything built on a waterfront, that is to be permanent, must be engineered. It is my opinion
that you need to consult with a qualified urban designer, architect or landscape architect as well.
Thank you,
Diana Gerrard
PS I am not sure if it is relavent but I believe 65 Stanley Avenue is for sale. I would assume new owners will tear
it down the existing cottage and build a new home on the property.
10/15/2003
Page 1 of 1
Jennifer Zieleniewski
From: Diana Gerrard [dianagerrardla@rogers.com]
Sent: Thursday, September 18, 2003 10:51 AM
To: don.bell@oro-medonte.ca; harry.hughes@oro-medonte.ca; neil.craig@oro-medonte.ca;
paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca
Cc: cao@oro-medonte.ca; garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com
Subject: Re: Working Group
I have been thinking about this quite a bit since the Working Group meeting. I disagree with the staff decision not
to have the meetings minuted. It creates the appearance there is 'something to hide', it reinforces the very present
suspisions of the local residents and it leads to a breakdown of the Group's effectiveness as any report of the
Group's findings is reliant on memory rather than record.
It is also highly unusual. I think it would be in everyone's best interests if minutes were taken and circulated. A big
part of the problems between the residents of Plan 626 and the Township have stemmed from a lack of
meaningful consultation, a lack of communication and an unwillingness to listen.
Diana Gerrard
1 n/1 "f')()()~
Page 1 of 1 ,
Jennifer Zieleniewski
Sent:
To:
Cc:
From: Diana Gerrard [dianagerrardla@rogers.com]
Thursday, October 09, 2003 1 :30 PM
cao@oro-medonte.ca
don. bell@oro-medonte.ca; harry. h ughes@oro-medonte.ca; neil.craig@oro-medonte.ca;
paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca;
garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com; Stephen Wells
Subject: October 9, Working Group Meeting
I am writing because, once again, I will be unable to attend the 'Working Group' meeting and I do have some
concerns.
However, before itemizing my concerns, I want to state that scheduling or cancelling a meeting of this nature with
twenty-four hours notice is at best inconsiderate of other peoples schedules and commitments and at worst an
obstacle placed to public participation.
My concerns are as follows:
1. Both ratepayer groups in the area have held meetings and produced minutes which clearly state they in no
way want a path along the Promenade. In spite of this, you continue to come back to the idea of some sort of
delineated walk. My understanding of the latest incarnation of the walk is that it is some kind of hybridized
configuration of 'stepping' stones. I have spoken with many people involved in this process and the only people I
have heard speak in favour of a path are you, Chris Carter and the Mayor. While, ironically, it seems apparent
that you do not feel the need to abide by the wishes of the residents. It is the right thing to do.
2. The 'stepping' stone path will impede accessibility along the Promenade, contrary to provincial guidelines for
handicap access to public open space.
3. Any path will serve to signal the Promenade as public to people who do not live in the neighbourhood.
The 'Working Group' could not have been clearer about not wanting this.
4. The 'stepping' stone path, and the significant repairs needed after the installation of such large stones, will
eat up monies that the residents have clearly stated they would like spent on improved waterfront and Promenade
access. A more gentle grade at Simcoeside; signage to define the public and private realm; improved stairs at
Simcoeside Park; a removable dock at Blackman are a few of the items the 'Working Group' put forward as their
most urgent priorities.
The Promenade is wonderful. Yes, it has some problems for some of the area residents. And these need to be,
and should be, addressed. But, none of the problems voiced to date are solved by a path. In fact, the 'stepping'
stone path will actually add problems.
With all due respect, neither you or Chris Carter are qualified (sealed) planners or landscape architects. It takes
years of training and experience to develop the skills both to listen carefully to various stakeholders and to have
the design vocabulary to develop innovative design solutions that will satisfy everyone.
10/15/2003
Page 1 of 1
Id
-14
Jennifer Zieleniewski
From: Diana Gerrard [dianagerrardla@rogers.com]
Sent: Friday, October 10, 200310:01 AM
To: cao@oro-medonte.ca
Cc: don.bell@oro-medonte.ca; harry.hughes@oro-medonte.ca; neil.craig@oro-medonte.ca;
paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca;
garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com; Stephen Wells
Subject: Fw: October 9, Working Group Meeting
Further to the 'Working Group' meeting last night:
1. Any final disposition of the Promenade must be exactly in compliance with the resolution of the similar
situation at Line 5. We are entitled to equal treatment by our local government.
2. The stakeholder members of the 'Working Group' are not entitled or authorized to agree to initiatives contrary
to the stated position of the local ratepayers they represent without approval from those groups. (The local
ratepayer groups are, for example, on record with the Township against a path along the Promenade.) The
members cannot be representing themselves or they are in a privileged position not offered to other resident$.
3. If the Promenade initiative comes to Council next Wednesday, it does not allow time for local residents
to request to speak in opposition.
4. A 'stepping' stone path runs contrary to the Provincial directive to improve handicap access to public open
space. In compliance with this directive, priority should be given to improving access to the Promenade at
Simcoeside and Simcoeside Park.
5. I respect the desire of the Township and the local residents to delineate the public from the private realms
along the Promenade. Using a simple key system, such as that employed along the Bruce Trail, with a legend at
the entrance point of the Promenade would accomplish this in a way that is discreet, aesthetically pleasing and
effective. But, perhaps most importantly, it would be extremely cost effective, freeing up funds to be used to
achieve the stated priorities of the local residents.
Again, I must register my disappointment, in the strongest possible terms with both the 'process' and its proposed
outcome. Both the Promenade and this small community would have benefited from a standard public
participation process and qualified professional input.
10/15/2003
ld --I
Jennifer Zieleniewski
From: Mayor [neil.craig@oro-medonte.ca]
Sent: Friday, August 22,20034:33 PM
To: cao@township.oro-medonte.on.ca
SubJect: Fw: Lake Shore Promenade
---- Original Message ----
From: Frank Lawson
To: neil.craig@oro-medonte.ca ; don.bell@oro-medonte.ca ; harry.hughes@oro-medonte.ca ;
paul.marshall@oro-medonte.ca ; ralph.hough@oro-medonte.ca ; ruth.fountain@oro-medonte.ca ;
walter.dickie@oro-medonte.ca
Sent: Wednesday, August 13, 2003 10:45 AM
Subject: Lake Shore Promenade
It has come to my attention that plans are underway for the Township to construct a walkway on the Lake Shore
Promenade. The Simcoeside Ratepayers Association want this project cancelled.
You may recall that a meeting of the Simcoeside Ratepayers Association was held on Thursday, September 2,
1999 to discuss their vision for the three parks in our community, the Simcoeside Community Park, the
Simcoeside Park, and the Lake Shore Promenade. Copies of the notes that were taken at that meeting were
made available to the Township Office. The concensus on the Promenade were as follows:
1. The use of the land in question to remain as public land, to be open to all, rather than just to the adjoining
property owners.
2. The Township to prohibit vehicle use, including snow machines, on the Promenade except where adjoining
property owners have no other means of access, and excepting emergency and maintenance vehicles.
3. The boundaries between the Promenade and adjoining properties to be clearly defined, perhaps with flowers in
flower beds.
4. As much as possible, the walkway to be left natural, in grass, rather than in gravel, boardwalk, etc.
This information was also provided to The Mayor and Council by way of a petition da;ted May 13, 2000.
It is clear that all the Raterpayers want is for the Township to delineate the boundary between public and private
land. That's it! End of story! Mark the boundary, cut the grass, that's all!
Rather than spend tax-payers money on something that is not wanted by those most affected, why don't you
apply it to something that is needed and wanted. In the same report ( September 2, 1999) the Ratepayers
reached a concensus on what should be done at Simcoeside Community Park:
1. The Township should continue to retain the Simcoeside Community Park.
2. Consideration should be given to making some modest additions, e'g', a IIPlaycenter," similar to the one at
Hawkestone Hall, to the park.
3. Flowers, in beds that define the borders of the park, should also be considered.
The report pointed out that "There is little or nothing for kids in the area (Simcoeside) and they cannot walk to
Hawkestone to play on the equipment there."
With less than the amount of tax-payers money that is earmarked for the walkway, Council could provide the
Ratepayers of Simcoeside with what they want and need and have asked for. Why then is Council going ahead
with a project that the Ratepayers specifically asked not to be done?
Frank Lawson, P.Ag.(Ret'd)
122 Blue Haven Drive
Compo 720 RR#2
Hawkestone, ON
LOL 1 TO
Ph: (705)487-7388
Fax: (705)487-6444
E-mail: frank.lawson@rogers.com
Page 1 of 1
I
-t
Jennifer Zieleniewski
From: Greenglass Family [greenglass@rogers.com]
Sent: Tuesday, October 14, 2003 1:30 AM
To: neil.craig@oro-medonte.ca; harry.hughes@oro-medonte.ca; don.bell@oro-medonte.ca;
pau I. marshall@oro-medonte.ca; ruth. fountain@oro-monte.ca; walter .dickie@oro-medonte.ca;
ralph .hough@oro.medonte.ca; cao@oro-medonte.ca
Subject: lakeshore promenade - letter from working group member
Subsequent to Promenade's working group's meeting last Thursday night, I have had some reservations on the
recommendations and have attached the following letter. I intend to be at the meeting on Wednesday night if
the Promenade is on the agenda.
Iffor some reason, the Promenade is not on the agenda, please e-mail me so that I do not drive up from
Toronto.
Yours truly,
Marley Greenglass
10/1 ")/2003
MARLEY GREENGLASS
37 BOBWHITE CRESCENT
TORONTO, ONTARIO
M2L 2E2
October 13, 2003
Oro-Medonte Township
148 Line 7 South
Oro Ontario
LOL 2XO
Attention: Mayor Neil Craig
Delivered bye-mail
Dear Mayor Craig:
Re: Lakeshore Promenade Concession 11, Plan 626
My home is located at 75 Stanley Avenue and I am one of the members of the workin,g
group that has been working toward resolution of the issues surrounding the
Promenade.
The council must understand that we, the working group, were not elected as
representatives for the front or back lot communities but have worked together in good
faith for the betterment of the community as a whole. At our last meeting certain
points were unanimously agreed upon for inclusion in Phase 1 that upon on reflection
and research I feel have issues and consequences that were not considered.
If the council wishes to exercise its powers by municipal by-law [101 (1)] to officially
register the closure of the road allowances I must oppose due to the lack of policies in
place to protect the owners of the properties adjacent to the promenade. Many of the
properties have wells, septic systems and other items that are only accessible through
the shoreline road allowances. Accordingly the road allowances should not be
formally closed until policies are in place to allow the abutting landowners access to
their properties in the event that access is required.
I would recommend that Phase 1 of the working committee's recommendations be
modified to include:
1. The installation of emergency barriers so that the appropriate sections of the
Promenade shoreline road allowances between Blackman and Myrtle, Simcoeside
and Owen Road will be closed to vehicular traffic but that access still be available
to the abutting landowners as the need arises.
2. The Township put on notice affected homeowners with respect to safety issues
(two abandoned rail beds). Please note that through discussions with the
homeowners it appears that these rail beds existed prior to their purchase of their
property and the cost of the repairs may have to be borne by the Municipality.
"
3. The Promenade continues to exist in its current state as a walking path with the
method of delineation to be established with input from the working group and the
community.
4. The Township to clean up debris and brush.
As far as the process for encroachments goes, (both stationary and non-stationary -
many of which have existed for years), we as owners need to feel that encroachments
are being enforced equally throughout the Municipality. However, it appears that this
is not the case. The Fire Chief is demanding immediate removal of all open fire pits on
municipal land, as they are illegal while at Line 5 (Plan 709) there is a large open
bonfire pit on municipal property. The lack of consistency concerns me. Before any
action is taken with respect to existing encroachments a policy should be established
and exercised throughout the municipality as a whole. In addition, This policy should
take into consideration the long standing existence of these encroachments.
The working group did not address the cost of their recommendations and/or if the
funds could be better served spent elsewhere in the community. In addition, it has
come to my attention that our recommendations may significantly increase the
Municipality's insurance cost and as such may affect future property taxes for the
Township. The proposed recommendations should be studied further before being
passed by Council.
Currently I spend approximately $500 per year to cut the grass and maintain the
portion of the Promenade adjacent to my home. It is unfair to ask the existing
landowners adjacent to the Promenade to continue to maintain it at their expense
without any recognition for their efforts. Council should address a leasing program of
some of the excess lands to the adjacent landowners in exchange for their continued
maintenance of the Promenade.
The current plan calls for a swim area located in front of one of the existing
residences. There are already two swim areas in the area (one at Blackman Road
end and one at Summerset Park) and due to the increased costs of maintaining this
swim area and the affect it will have on abutting property values more research should
be performed to determined the need for this additional swim area. Please note that
the proposed swim area is adjacent to an old boathouse foundation that must be
removed, prior to the creation of a formal swim area, in order to make the area safe.
The existing owner has advised that this foundation predates his purchase of the
property and will have to be removed at the Township's expense.
I recommend that these issues be deferred to allow the working group, the community
and the new Council enough time to research and acquire information.
Yours truly,
Marley Greenglass, M Ed.
CC: Deputy Mayor, Councilors, Jennifer Zieleniweski, CAG.
. -
JJg)-'.
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
ADM-2003-48 Council Jennifer Zieleniewski
Subject: Department:
Council
Request to Waive Administration
C.ofW. Requirements of Zoning
By-Law 97 -25 Date: October 15,2003
Motion # (21 Alpine Way)
Lot 178, 51 M-456 R.M. File No.
Date:
BACKGROUND:
Correspondence dated September 25, 2003, was received by Council at their meeting of October 8th
which outlined concerns with respect to the placement of a second driveway on a property located at
21 Alpine Way. Staff were directed to prepare a report for Council's consideration.
Mr. Reid is the owner of Lot 178, Plan 51M-456, 21 Alpine Way. Two entrances have been
developed on the subject property. Prior to receiving the correspondence a site visit was initiated by
staff and determined that the first driveway was installed improperly and the second driveway was in
non-compliance with provision 5.20.2.2 of the Township Zoning By-Law 97-25.
Staff explained to Mr. Reid the requirements to install the culvert at the proper elevation to correct the
drainage problem identified. It is reported by the Road Superintendent that the first driveway now
complies with the municipal standards.
Mr. Reid was also advised that the second driveway was in non-compliance with the Township
Zoning By-Law. For Council's information the Township Zoning By-Law requires that a driveway can
not exceed 30 percent of the lot frontage. Lot 178 has approximately 100 feet thus only one
driveway is permitted on the subject property.
Prior to Council receiving the correspondence the CAO and Road Superintendent met with Mr. Reid
at his residence to discuss the second driveway. At that time Mr. Reid was advised again that he
was in non-compliance of the Township Zoning By-Law. Interlocking brick was placed around both
. , /:l~ )
edges of the two driveways and Mr. Reid advised that he would be paving the driveways :'ffhin the
next 7 to 10 days. He was requested not to proceed with the pavement and was advised that the
Township had received correspondence with respect to the driveway being in non-compliance. Mr.
Reid agreed to wait until Council has had the opportunity to deliberate the matter.
Mr. Reid requested that Council consider waiving the requirements of the Township Zoning By-Law.
AL YSIS:
Following Council's direction, Allan Lees of RG Robinson and Associations (Barrie) Ltd. was
requested to complete a site inspection on the subject property. Mr. Lees' report is attached and has
been reviewed by the Director of Building and Planning. The Director concurs with the
recommendations listed and advises that once the deficiencies have been addressed he would have
no concerns with Council waiving the requirements of the Township Zoning By-Law.
The Road Superintendent advises that other circular driveways, which exceed the 30 percent lot
frontage, have been installed in the same Plan of Subdivision. The non-compliant driveways were
installed prior to the Township assuming the subdivision. Part of his investigation included site line
review and placement of the driveways from the intersection. The Road Superintendent reports that
site line to the road allowance and intersection does not cause a concern.
He also concluded that due to the incline of the two driveways, he is of the opinion that it would be
safer to enter and exit the property utilizing a circular driveway, as opposed to backing onto the road.
The Township is holding Mr. Reid's lot grading deposit until the site plan deficiencies have been
rectified and Council has had the opportunity to deliberate the matter.
Considering the precedent set with the other circular driveways existing in the community, Senior
Staff opinions herein, staff recommends that Council waive provision 5.20.2.2 of the Township
Zoning By-Law to allow the circular driveway.
RECOMMENDATION (S):
1. THAT report # ADM-2003-48 be received and adopted.
2. THAT Council waive the requirements of the Township Zoning By-Law.
3. THAT Mr. Reid rectify the deficiencies outlined by RG Robinson and dated October 14, 2003.
4. AND THAT Mr. Reid be advised of Council's decision.
Respectfully submitted
2
FILE No.255 10/14 '03 17:38
ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
PAGE
1/ 3
..
,..
.
RG Robinson
AND ASSOClA TES (BARRIE) LTD.
In~ection Report
TO: Jerry Ball; TOWIIShip of Oro-Medonte
FROM: A1laD M. Lees
RE: Horseshoe Higb'~"ds- Phase IV A
Lot 17~ 51M-456 Lot Drainage Review
DATE Oct. 14,2003
FILE # 12-8837-54
.3 fj e.s
Further to your request; the undersigned carried out a site review at lot 178, 51M-456; as a result of
concerns with drainage and a second unapproved looped driveway.
Approved Plan
The originally approved site plan for lot 178 indicated a single driveway on the east side of the lot to a
garage on the east side of the house. The septic system was indicated in front of the house in the north-
west corner of the lot. Swales were indicated along both lot lines, with split drainage at the middle of the
house.
Site Review Comments
I. A second driveway access is located at the west side of the lot, and extends across the front of the house and
ties into the original driveway location to form a looped driveway. The complete driveway is currently edged
with a double row of200mm wide concrete pavers stones for a width of 400mm. The entire lot has been
restored with topsoil and sod, except as noted.
2. The west edge ofth~ new westtrly ac~ss is located only 0.45 metres from the streetlight pole, where
T o\oVtlship Engineering Standard 4.2 (iii) requires 1.5 metre separation.
3. The new entrance culvert is a 400mm CSP which is acceptable; however it is silted in to a depth ofO.15m.
The ~asterly culvert is also silted in to O.15m depth.
4. The aforementioned pavers stones continue to the edge of shoulder to form the end protection on the culverts.
All four end protections at the culvert and edge of shoulder have been installed improperly. The end
protection is undermining and collapsing, indicating poor compaction and installa.tion. In addition the end
prote.ction has been installed 2 to 3 courses too high, which would result in damage during snow plow
operation (Refer to Detail OM-DWYl and OM-DWY2 which indicates that top of end protection shall not
project above tbe shoulder of the road elevation). The lowering of these will result in the drainage not being
directed towards the asphalt road surface.
5. Restoration of the ditch line with topsoil and sod is required on both sides of each culvert.
6. The location of the new driveway is a direct conflict with the originally approved septic system location. We
note that the grassed area inside the looped driveway at the front of the lot is not likely the location of the
septic system as a result of (a) its relatively small area; (b) the warer service running through the center of the
grassed area; (c) a O.3m and O.2m diameter pine trees located in this area: and (d) the sub-drain from the house
outlets into this area beside, with wtlter noted to be running. The location of the septic system must be
provided.
7. The swale along the easterly lot line has not been constructed, yet the area has been sodded. It would appear
that the pavers stones along the side of the garage are almost on lot line, leaving no room for the swale to the
· ~=:;y~:o:::::::: :::: :;:':~o~ :::::::~:~~:t:~: ::::i::'::::::::' }frV ,J'!
constructed. ttJ
9. In the rear yard, there is a fenced in-ground swimming pool, which is not identified on the approved site plan. ~p
10 High Stte<t, Barrie, OJJtorio UN I WI (705) 721-9222 Fu (705) 73~64 J ~ ~~
FILE No.255 10/14 '03 17:38
ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
.. ...
Recommendations
1. An AS-Constructed Site Plan should be submitted a.nd approved as a result of the serond driveway
installation; the revised septic system location; and the swimming pool installation in the rear yard.
2. All outstanding work and improper installations are to be rectified as noted.
Yours truly,
~inso~oc;at.. (Bania) Ltd.
~s, C.E.T.
c.c. 1. Zieleniewski
R. Kolbe
K. Mathieson
8837 .34lnspectLot 178,51 M-4S6
10 High Street, Barrie, ODtario IAN 1 WI (705) 721-9222 Fax (705) 734-0764
PAGE 2/ 3
/c3J )-1
I~h - \
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. BD2003-18 To: Council Prepared By:
Ronald M Kolbe
Subject: Department:
Council
Maria Janneta Request to Building
C.ofW. Temporarily Have Two ,
Residence on Property
Plan 882 lot 5 being more
particularly described as
1047 Lakeshore road
east Oro- Medonte
Date: October 6, 2003
Motion #
A.M. File No.
Date:
ACKGROUND:
A request was received from Maria Christina Janneta to temporarilv reside in their existing residence
for 6 months while the new residence is being constructed. (see attachment #1 Request Letter)
(Attachment #2 -Agreement).
Previous requests:
Randall & Elizabeth McFadyen located at Part Lot 75 RP 51 R8744 Part 1, Concession 2,
(Medonte) was granted subject to a Letter of Credit in the amount of $20,000 for a six month
period or until completion of the proposed new dwelling, whichever is the lesser period of time.
Ian and Lori Webb located at North Part of Lot 3, Concession 11 (Medonte) was granted
subject to a $25,000 Letter of Credit for a period of six months.
IQh-~
RECOMMENDATION (S):
,It is recor,nmend to Council that:
1. THAT Report #BO 2003~18 be received and adopted
2. THAT Council authorizes the request to temporarily have two residences at 1047 Lakeshore
Road, East Oro-Medonte, for a period of six months, during the construction of a new
residence.
3. THAT a $20,000.00 dollar security be deposited with the Corporation.
4. AND THAT Maria Christina Janneta be advised of Councils' decision.
onald M. Kolbe, CBCO, AScT, MAATO
Oirector of Building/Planning Development
c.A.O. Comments:
DATE:
C.A.O.
CJlf\JJJJ--
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AGREEMENT/AFFIDA VIT
In consideration of receiving a building perIllit from the Township of Oro-Medonte, I,
Maria Christina Janneta, of the Township of Oro-Medonte (formerly Township of 01'0) in
the County of Simcoe, covenant and agree as follows:
1. That I am the registered owners of Plan 882 Lot 5 being more particularly described
as 1047 Lakeshore Road East Oro- Medonte.
2. That I have applied to the Council of the Corporation of the Township of Oro-
Medonte for perIllission to locate temporarily a cottage on the above-mentioned
lands, at the same time as a new dwelling is under construction on those same
lands, wherein such procedure is not provided for under the provisions of the
Township of Oro-Medonte's Zoning By-law as amended.
3. That I hereby acknowledge that perIllission has been given by the Council of the
Corporation of the Township of Oro- Medonte subject to the folJowing provisions:
a) That such permission is granted for the six month period from
perIllit issuance or until completion of the proposed new dweJling,
whichever is the lesser period of time; and/or
b) That on completion of the new dwe11ing, as evidenced by a
Certificate of Occupancy, the existing building is to be removed
within one month; and/or
c) That application to the Township of Oro-Medonte for a temporary
use perIllit will be made forthwith (Fee $100.00).
4. That a Letter of Credit in the amount of $20,000.00 be retained by the
Corporation of the Township of Oro-Medonte until the above-mentioned
agreement is fulfilled to the sole satisfaction of the Township.
a) Failure to comply with the aforementioned agreement wiJl result in
the Corporation of the Township of Oro-Medonte redeeming the
Letter of Credit at its sole discretion.
5. That I hereby agree to the terms and conditions set out above.
6. It is understood that after the six month period from permit issuance, that the
Township may remove the cottage for which permission was granted at the time
this agreement was signed, with all cost for so doing to be assumed by the
property owner Maria Christina Janneta.
7. It is understood that failure to comply with the terms and conditions as set out
herein, shall release and save harmless the Corporation of the Township of Oro-
Medonte from pursuing such litigation, as may be necessary to secure compliance
or conformity with any applicable Municipal By-law or provincial Regulation as
may be provided for.
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8. We hereby covenant and agree to indemnify and save harmless the Township of
Oro-Medonte from all costs, claims, liability and actions which may result or arise
from the issuance of the building permit or the entering into of this agreement.
Date Owner
Witness
Mayor
Clerk
j::'~1111 BRanl.JOOD ROOF I NG
PHOt~E t.m.
170532598'38
Oct. 102003 03:44PM. PB2
\~CA-
Brentwood
Roofing & Aluminum Works
22 LIne 14 south, RR1 Or"".
L3V (JH1
Phone (705) 487.2884 Fax (705) 325.9898
PROPOSAL SUBMITTED TO PHONE
TWP ORO - MEDONTE
STREE!T ---------.--.--------- '"J6irNAME'
------rg~~~-~~3
--CffY.PROViNCE, POSTAL CODEr------
ORO MEDONTE, Of\ITARIO
Builder I DA TE OF PLANS
_......____,,-....._.._._____L___~___
. BACK L SECTION
JOB LOCATION
..----.- - ....... .-..---.---
FAX
--.,..,......-...-...
'-~.~B ~H~~~._._
-FUll PROTI!CTION OF BUilDING, PROPERTY AND LANDSCAPING.
.8UPPl Y MEAN8 FOR REMOVAL OF ALL JOB DEBRIS.
-STRIP & DISPOSE OF EXISTINO ROOF
.9' GRACE ICE AND WATER SHIELD TO I!Aves.
-PRE-PAINTED MeTAL VALL leY.
-NAil OVI!R RIDGE VENT
-RAMPART 25 YEAR SHINGLES
-COMPLETE REMOVAL OF ALL ROOFING IeQUIPMENT AND JOB DEBRIS.
-TIDY AND FINAL CLEANUP TO CUSTOMER'S COMPLETE SATISFACTION.
THANK YOU.
1----- .-.--.-.--.-----.-..-.----- -
We propose hereby to furnish material and labour - complete In accordance with above specifications for the sum of:
$ 6.460.00 +GST
Payment to be made at follows: UPON COMPLETION
All material is guaranteed to be as specified. All wor\( to be completed in a
worilmanlike manner according to standard practices. Any alterations or
deviation from above specifications Involving extra cost.. will be executed
only upon written orders and will become as extra charge over and above
the estimate. All agreements contingent upon striKes, accidents or delays NOTE. This proposal may be withdrawn by
beyond our control. Owner to carry fire, windstorm and other ne~ssary us If nol accepted within 14 days.
.insur3,nce. .Qur wOfk.~.rs_ a~ ful,lYCl:)vered ~YBv.v<>.~."!.e_n's Co~~_~.~~!~Q"!.~n.8~!.a~.~,.. .. .B". ____._
Acceptance of proposal- Tha above prloe&. specifications and conditions ere &atisractory and ore hereby
accepted. You are authorized to do work es specified. Payment will be made as outlined above.
Authorized
Signature
~
Oate oi acceptlilnce
Signature
Signature
.-
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----- Original Message -----
From: Rick Gagnon
To: paul.marshall@oro-medonte.ca
Sent: Monday, October 13, 2003 9:04 PM
Subject: shelter
Dear Mr. Marshall,
I have recently become aware of the townships plan to build a shelter at the concession 1/Thunderbridge parking
lot location, and I would like to express my concerns with this plan. I live near this end of the trail and me and my
family use the trail alo1. There have been several instances where I have been concerned for our safety as there
have been a large number of youths hanging around the parking lot in and around their cars. A friend of mine
was also on the trail when she spoke with a man who had just had his window smashed in his vehicle while
parked at this location. This area is very private with very little traffic passing by and I'm concerned that a shelter
at this point would only encourage people to hang out there or end up being being a party place. Many of the
people who use the trail at this point come in their cars, which they would probably use if the need for shelter
should arise. I cannot see where I would have the need to use the shelter also, as I would go directly home as I'm
sure the other few people who live near the trail would do.
Perhaps if Oro-medonte has the finances to do this, they might think of finishing the whole trail first, or maybe
resurfacing some of the areas along the trail that have a poor quality of limestone screenings and are difficult to
ride through on your bike, especially for children.
Oro-medonte is also lacking in parks and playground equipment for children, or such things as tennis courts or
basketball hoops. There are many areas where money could be put to good use in our township.
Thankyou for your time.
Barb Gagnon
10/14/2003
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TOWNSHIP OF ORO-MEDONTE
lOT GRADING PLAN - LOT 178 RP 51M-455
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-102
"Being a By-law to deem certain lands within Registered Plan
461, not to be a registered plan of subdivision for the
purposes of subsection (3) of Section 50 of the Planning Act."
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to designate any plan of subdivision, or part thereof,
deemed not to be a registered plan for the purposes of Section 50 (3) pursuant to
Section 50 (4) of the Planning Act, R.5.0. 1990, c.P.13.
AND WHEREAS the owners have requested that Council pass a by-law to "deem"
the two parcels and merge them in title;
AND WHEREAS Plan 461 has been registered for more than eight years;
AND WHEREAS Council deems it appropriate to pass this by-law to "deem" the two
parcels;
AND WHEREAS the passage of such a by-law will conform to the Official Plan; ,
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. The lands as set out on Schedule 'A' attached hereto and forming part of this
By-law are hereby deemed not to be a registered plan of subdivision for the
purposes of subsection (3) of Section 50 of the Planning Act, R.5.0. 1990,
c.P.13.
2. This By-law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
Read a first and second time this 15th day of October, 2003.
Read a third time and finally passed this
day of
, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
\~~ -d--
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SCHEDULE "A"
TO BY-LAW NUMBER 2003-102
Lands subject to this By-law:
Part of Lot C, Registered Plan 461, being PIN 58531-0427(L T) and Part of Lot C,
Registered Plan 461, being PIN 58531-0427(LT)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\\0'0--1
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2003-104
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and FSP Holdings Incorporated (Settler's Ghost Golf Course)
described as lands as follows:
Lot ,41, and Part East Half Lot 42, Concession 2
Being Part 1, 51R-30187 (formerly Medonte)
Township of Oro-Medonte
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C, and 0" shall form part of
this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 15th day of October, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
October 2003
By-Law No. 2003
\ ~ b -:d
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
FSP Holdings Inc.
(Settlers' Ghost Golf Course)
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 41 & Part E Y2
Lot 42 Cone. 2
Being Part 1 51 R-30187
(Formerly Medonte)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2003, in
BET WEE N:
FSP HOLDINGS INC.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an eighteen
(18) hole golf course and associated buildings on lands described in Schedule "A,
attached hereto:
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
:;
\ lob - 5
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a)
The Owner owns the subject lands described in Schedule "A", attached hereto, and
has provided the Township with a Registered Deed containing the legal description
of the subject lands.
b)
This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c)
No work shall be performed on the lands nor any use made of the subject lands
with respect to the proposed development except in conformity with all the
provisions of this Agreement.
d)
The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the Nottawasaga Valley Conservation Authority,
County of Simcoe and Ministry of the Environment.
e)
The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f)
The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner" unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g)
The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements or other documents required by Schedule "C", as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h)
That the Golf Course Management Plan developed by John F. Robinson, Golf
Course Architect, be implemented and is to be read and understood by the
superintendent and other key staff of the golf course.
i)
That the recommendations from Michalski Nielsen Associates Ltd., Environmental
Impact Study, dated September 2001 (updated October 2002), be implemented
with respect to but not limited to; Golf Course Operations; Routing; Buffers and
Natural Area Protection; Natural Area and Corridor Enhancement; Buffer Zone
Adjacent to Horseshoe Valley Road; Retained Portion of the Plantation, Provision
of New Edge Plantings; Creation of Naturalization Zones, and Naturalized Pond
Edges.
j)
That if at any time within the next three (3) years the Township undertakes a
monitoring program for the Coldwater River watershed, that the Owner will
participate financially pro-rata in accordance with other water takers within the
watershed.
k)
The following residential well monitoring program shall be completed by and at the
cost of the Owners from time to time of Settlers' Ghost Golf Club.
4
~\.oVJ -- \y
Prior to commissioning the irrigation well on the subject site, the following activities
shall be completed on the Renton/Ellesmere, Sinton/McNutt and Dunsmore Wells
("Subject Wells"):
· Perform short duration (up to 3 hours) test on each of the Subject Wells using the
existing pump to establish the current hydraulic performance of the well;
. Collect a water sample from each of the Subject Wells to be analyzed for
pesticides and general water quality parameters;
. Install a pressure transducer in the Renton/Ellesmere Well to facilitate automatic
water level monitoring;
. Establish the depth and pump setting in the Renton/Ellesmere Well;
. Where practical, the Subject Wells shall be modified by the installation of pipes to
facilitate water level measurements;
. The Subject Wells are to be chlorinated after the installation of the testing
mechanisms;
Commencement of the above work is to be undertaken as soon as possible, but no later
than August 22, 2003.
After the commissioning of the irrigation well, the following activities will be completed:
. Measure water levels manually on a weekly basis in the Sinton/McNutt and
Dunsmore Wells, and by transducer on the Renton/Ellesmere Wells starting one
month before the irrigation well has been put into operation and finishing one
month after the irrigation well ceases operation (typically between April and
November);
· Such monitoring is to continue until the completion of the first full season of golf
operation;
· Once monthly, supplement transducer readings (Renton/Ellesmere Well) with
levels measured manually;
· Download the transducers at least four times per year;
. Collect an additional set of water quality samples following the first full golf season;
· Produce a report in December after any partial year of operation and in the first full
year of operation in the month of December including the water level data of each
of the Subject Wells, plots of the Renton/Ellesmere Well and Irrigation well logger
levels. A final report with chemistry and all water level data is to be prepared after
the full year of operation;
. After the completion of the first Annual Report, continuation of the Monitoring
Program will be evaluated by the Owner and the Township.
. Collect an additional water quality sample from the Renton/Ellesmere Well five (5)
years after the first sample;
. Copies of such reports shall be delivered within 30 day of completion of the same
to each owner of the Subject Wells and the Township of Oro-Medonte;
. Azimuth Environmental Limited or another qualified consultant retained by the
Township, shall be the third party arbitrator and shall determine the necessity of
any modification, extension or reduction of any of the testing procedures or
5
\ \j;\O ..
remedial action to be taken.
I) The Owner shall upon the receipt of any complaint from the owners of those wells
known as:
M.O.E. Well # 1816 (Renton and/or Ellesmere Well)
M.O.E. Well # 18~1 (McNutt/Sinton Well)
M.O.E. Well # 16142 (Dunsmore Well)
provided always that the owners of such wells from time to time have afforded the
Owner an opportunity to conduct an initial well monitoring program, the results of
which shall be delivered to the owners of such wells from time to time, immediately
advise the Ministry of the Environment that a complaint has been received. In the
event of a disruption of water supply or serious water quality fluctuations in any or
all of the aforementioned wells subject to the monitoring program, the Licensee
shall supply a temporary water supply within twenty-four (24) hours and thereafter
until such time as the cause of the disturbance can be determined and the problem
corrected.
Where the Ministry of Environment has determined that the operation of the
Settlers' Ghost Golf Course, owned and operated by the Owner, has caused such
well or wells to be adversely affected, the Owner shall, at the Owner's expense,
either restore or replace the well or take such other remedial steps such as
lowering the pump and/or deepening the well as may be necessary to ensure that
the historic water production capacity and historic water quality as revealed by the
water monitoring program are maintained.
m) That except as may be otherwise provided in specific provisions of this Agreement,
the Township undertakes no obligation to Elizabeth Earle-Renton, McNutt/Sinton
and Dunsmore (hereinafter referred to as '''well owners") with respect to the
enforcement of this Agreement with respect to provisions relating to the monitoring
of the impact of the golf course water usage on their respective properties or the
rehabilitation measures to be undertaken pursuant to the terms of this Agreement.
The Owner and the well owners acknowledge and agree that with respect to the
obligations undertaken by the Owner to the well owners with respect to the
monitoring of the impact of the golf course use on their respective wells and any
obligations of rehabilitation as a result of adverse impacts, that the law of contract
applies. Without limiting the generality of the foregoing, that vis a vis these
particular parties, the site plan agreement is not intended to be interpreted as a
planning instrument per se and the principle set out in Hi Rise Structure Inc. v. The
City of Scarborough (1991), 24 O.M.B.A. 60 shall not apply.
In addition to all other securities to be provided by the Owner to the Township
pursuant to the Agreement, the Owner shall provide an irrevocable Letter of Credit
drawn on a financial institution approved by and in a form acceptable to the
Township and/or the Township's solicitor in the amount of $15,000.00 to provide
security for the obligations of the Owner with respect to the water
monitoring/rehabilitation process referred to herein. In the event of a dispute
between the well owners and the Owner, the parties agree that the Township's
consulting engineer and/or hydrogeoglist shall review and determine the dispute
and in his or her sole and unfettered discretion shall determine the substance of
the dispute and determine the appropriateness that, and the extent to which
recourse may be had to the Letter of Credit to enforce such obligations. It is
acknowledged and agreed by the parties that in the event that the security is
insufficient to satisfy the obligations of the Owner that the well owners shall have
recourse against the Owner to otherwise enforce the terms of the Agreement.
6
\ ~\0 -
n) All works shall be in conformity with all applicable Provincial and Federal
legislation, and also including the Federal Fisheries Act.
0) , That the Owner and the Municipality enter into a Road Agreement to upgrade Line
1 North from County Road 22, approximately 400 m northerly.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) . That the Township has enacted a By-law to permit an eighteen (18) hole golf
course and associated buildings described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all relevant
Municipal By-laws and Provincial Statutes and Regulations, the Owner may
proceed to develop the subject lands as indicated on the Site Plan attached hereto
as Schedule "B", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be in accordance with
and as set out on the Site Plan attached hereto as Schedule "B".
b) Liqhtinq
All lighting systems installed outside, such as floodlights, shall be directed
away from any adjacent residential use and/or roadway, not to cause
interterence in any way.'
c) Parkinq Areas and Driveways
All parking areas and driveways shall be constructed, in conformity with
Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario
Building Code Regulation #419/86 and such parking areas, loading and
access areas shall be kept free and clear of snow and ice and kept
adequately drained. All entrances shall be constructed as in Schedule "B",
attached. The Owner agrees to obtain all necessary approvals from the
Township of Oro-Medonte.
d) Outside Storaqe
No outside storage shall be permitted between any buildings on the
premises and any street. Any other outside storage shall be contained in
the fenced compound, as identified on Schedule "B".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for garbage and waste
as shown on the Site Plan and to install and maintain litter containers in and
around development on the lands. All metal scrap and associated refuse
contained in the fenced compound shall be removed on a weekly basis.
f) Landscapinq
The Owner shall complete all landscaping and landscaped areas shown on
the Site Plan, attached as Schedule "B", as soon as weather permits and all
grading and sodding required, according to any Engineering drawings
submitted, shall be done on all lawn areas.
4. DEVELOPMENT CHANGES
7
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The parties acknowledge and agree that there shall be no changes to this
Agreement or the Schedules attached hereto unless and until such changes have
been approved, in writing, by all Parties.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising
under this Agreement, including but not limited to the construction of the works and
services identified in Schedule "0" to this Agreement (the "said Work"), the
following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost of
the said work, as approved by the Township Engineer and Township
Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance
with the requirements of Schedule "E", with an automatic renewal clause in
the amount of one hundred percent (100%) of the estimated costs of the
said works, and as approved by the Township Engineer. The Letter of
Credit shall be for a minimum guaranteed period of one (1) year or such
time as the Township decides and shall be renewed automatically, as
necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the
Owner's Engineer shall submit an estimate of the cost of the works to the
Township Engineer for approval. When the cost estimate has been
approved, it will be set out in Schedule "0" of this Agreement and will
become the basis for the limits of the securities.
d) Any Letter of Credit or security filed with the Township is based upon the
estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and Security received by the
Township may be used as security for any item or any other matter which,
under the terms of this Agreement, is the responsibility of the Owner,
including without limiting the generality of the foregoing, payment of
engineering, legal, planning or other costs incurred by the Township, which
are the responsibility of the Owner, under the terms of this Agreement.
e) Upon written notification by the Owners' agent, certifying that all required
works for which the Letter of Credit was submitted have been completed in
accordance with the plans submitted and upon confirmation by the
Township or its agent that the Owner's obligations under this Agreement
have been completed, the Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its
security or deposits, then the Township shall give, by registered mail,
twenty-one (21) day's notice, its intent to draw down on the security or
deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement,
shall be in addition to and without prejudice to any security or other guarantee
given on behalf of the Owner for the performance of its covenants and agreements
herein and upon default on the part of the Owner hereunder, the Township shall, in
addition to any other remedy available to it, be at liberty to utilize the provisions of
Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended.
8
I, .
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7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon
the title of the subject lands, at the expense of the Owner and agrees to execute
such further and other documents, consents or applications as required for the
purpose of securing registration and giving effect to the provisions of this
Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the
successors and assigns of the Parties hereto and upon the lands described in
Schedule "A", attached hereto, such Schedule being a legal description of the
lands, and it is further agreed that this Agreement shall be prepared, approved and
registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement
be declared by a Court of competent jurisdiction to be invalid, the same shall not
affect the validity of the Agreement as a whole or any part thereof, other than the
provision so declared to be invalid.
1 O. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and
save harmless the Township from and against any and all claims, suits, actions
and demands whatsoever which may arise either directly or indirectly by reason of
any work or service performed by the Township, its servants or sub-contractors in
order to complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or demands
was not caused intentionally or through gross negligence on the part of the
Township, its servants or agents or sub-contractors.
9
\ ~b - \ \
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
N~~gz~~
/ FSRt:iot.DINGS INC.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
Lana Bertram
Has the Authority to Bind the Corporation
]0
\ ~b - \Q
SCHEDULE "A"
NOTE:.
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and FSP Holdings Inc.
LEGAL DESCRIPTION OF LANDS
Lot 41 & Part E Y2
Lot 42 Cone. 2
Being Part 1 51 R-30187
(formerly Medonte)
Township of Oro-Medonte, County of Simcoe.
11
SCHEDULE "B"
\\,9 V) - I '3
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and FSP Holdings Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
The following drawings and reports from part of the Site Plan.
G00196 - SWM1 Storm Water Management Pond Grading Plan,
prepared by Burnside Golf Services, dated September 2002
Figure 2 SILT Fencing / Overall Site Plan,
prepared by R. J. Burnside & Associates Limited,
dated December 2002.
Settlers' Ghost Golf Club Environment Impact Study,
prepared by Michalski Nielsen Associates Limited,
dated September 2001 (updated October 2002).
Settlers' Ghost Golf Club Water Budget and Final Stormwater Management
Design Report,
prepared by Burnside Golf Services, dated October 2002.
Traffic Impact Study, prepared by R. J. Burnside & Associates Limited,
dated February 2001.
Hydrogeologic Assessment, prepared by R. J. Burnside & Associates Limited,
dated October 2002.
Settlers' Ghost Golf Club Sewage System Design, prepared by
R. J. Burnside & Associates Limited,
Dated November 2002.
12
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SCHEDULE"C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and FSP Holdings
Incorporated.
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 ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
13
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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and FSP Holdings
Incorporated.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.2 Site Work
AMOUNT
$15,000.00
$ 1,000.00
(refundable deposit)
1.
ITEMIZED CONSTRUCTION ESTIMATE
1.1 Water Monitoring / Rehabilitation Process
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
$15,000.00
14
\ \c c.. '"- \
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY -LAW NO. 2003-105
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Heather Lynn Hughes
described as lands as follows:
Parcel 9-1, Section 51 M-720, Being Lot 9, Plan 51 M-720
Township of Oro-Medonte
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C, and 0" shall form part of
this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 15th day of October, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
\.
September, 2003
By-Law No. 2003-
\loc ~()
APPENDIX" A"
SITE PLAN AGREEMENT
HEATHER LYNN HUGHES
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Parcel 9-1, Section 51M-720
Being Lot 9, Plan 51 M - 720
Former Township of Oro
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
.....
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 1 0
Schedule "A"
Schedule "8"
Schedule "C"
Schedule "0"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SrrEPLANAGREEMENT
T AI3LE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
IlDL .3
\\s)c - y
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2003, in
BETWEEN:
Heather Lynn Hughes
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a Single
Family Dwelling on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
3
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,'
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", aswell as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a Single Family Dwelling
described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
4
......
\ loc-u
a) Site Plan
The use and development of the subject lands shall be in accordance with
and as set out on the Site Plan, attached hereto as Schedule "B".
b) LiqhtinQ
All lighting systems installed outside, such as floodlights, shall be directed
away from any adjacent residential use andlor roadway, not to cause
interference in' any way.
c) Parkinq Areas and Driveways
All parking areas and driveways shall be constructed, in conformity with
Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario
Building Code Regulation #419/86, and such parking areas, loading and
access areas shall be kept free and clear of snow and ice and kept
adequately drained. All entrances shall be constructed, as in Schedule "B",
attached. The Owner agrees to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
d) Outside Storaqe
No outside storage shall be permitted between any buildings on the
premises and any street. Any other outside storage shall be contained in
the fenced compound, as identified on Schedule "B".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for garbage and waste,
as shown on the Site Plan, and to install and maintain litter containers in
and around development on the lands. All metal scrap and associated
refuse contained in the fenced compound shall be removed on a weekly
basis.
f) Landscapinq
The Owner shall complete all landscaping and landscaped areas shown on
the Site Plan, attached as Schedule "B", as soon as weather permits, and
all grading and sodding required, according to any Engineering drawings
submitted, shall be done on all lawn areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to
maintain all erosion and siltation control devices in good repair until
vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
Parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, memorandum of
Confirmation, or notations on Engineering Drawings. The nature of such record of
amendment shall depend on circumstances.
5
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5. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these altemative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "0" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
6
l \.0 c -'g
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
a,nd assigns of the Parties hereto, and upon the lands described in Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES .
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ~tfJ/Jr Ly~
~ner: Heathe yn ughes
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7
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SCHEDULE" A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heather Lynn
Hughes.
LEGAL DESCRIPTION OF LANDS
Parcel 9-1, Section 51M -720
Being Lot 9, Plan 51 M - 720
Former Township of Oro, Township of Oro-Medonte, County of Simcoe
8
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heather Lynn
Hughes.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Prepared by J. Foster Engineering Ltd., Project #620 dated October, 2003.
9
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SCHEDULE"C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heather Lynn
Hughes.
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 ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
NOTE:
1.
2.
\ loc - { ;l
SCHEDULE "D"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heather Lynn
Hughes.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 1.f and 5 herein.
$1,000.00
(refundable deposit)
II
{loci-I
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2003-106
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Weatherwise Aviation Incorporated
described as .Iands as follows:
Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan 51 R-31319,
Together with an Easement over Parts 6 and 7, Plan 51R-31319
Being all of PIN #'s 58546-0068 and 58546-0069
Township of Oro-Medonte
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and 0" shall form part of
this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 15th day of October, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
,
\G~ -d
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
WEATHERWISE AVIATION INCORPORATED
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part Lot 19, Concession 7
Parts 3 and 4, Registered Plan 51R-31319
Together with an Easement over Parts 6 and 7, Plan 51 R-31319
Being all of PIN #'s 58546-0068 and 58546-0069
September, 2003
By-Law No. 2003-
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
'"
Se.ction .1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "Bn
Schedule "cn
Schedule "D"
Schedule "En
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
,TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
'lDJ-~
\~ d -Y
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this OZVD day of October 2003, in accordance
with Section 41 of the Planninq Act.
BET WEE N : WEATHERWISE AVIATION INCORPORATED
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an aircraft
hanger on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff, '
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$5,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit an aircraft hanger described on
the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "8", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
4
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a) Site Plan
The use and development of the subject lands shall be in accordance with
and as set out on the Site Plan, attached hereto as Schedule "B".
b) Liqhtinq
All lighting systems installed outside, such as floodlights, shall be directed
away from any aqjacent residential use and/or roadway, not to cause
interference in any way.
c) Parkinq Areas and Driveways
All parking areas and driveways shall be constructed, in conformity with
Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario
Building Code Regulation #419/86, and such parking areas, loading and
access areas shall be kept free and clear of snow and ice and kept
adequately drained. All entrances shall be constructed, as in Schedule "B",
attached. The Owner agrees to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
d) Outside Storaqe
No outside storage shall be permitted between any buildings on the
premises and any street. Any other outside storage shall be contained in
the fenced compound, as identified on Schedule "B".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for garbage and waste,
as shown on the Site Plan, and to install and maintain litter containers in
and around development on the lands. All metal scrap and associated
refuse contained in the fenced compound shall be removed on a weekly
basis.
f) Landscapinq
The Owner shall complete all landscaping and landscaped areas shown on
the Site Plan, attached as Schedule "B", as soon as weather permits, and
all grading and sodding required, according to any Engineering drawings
submitted, shall be done on all lawn areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to
maintain all erosion and siltation control devices in good repair until
vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved, in
writing, by all Parties.
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5. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), the following securities:
a)
Cash in the amount of one hundred percel')t (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township CounCil, or:.
b}
An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township deCides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c)
The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d)
Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e)
Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f)
If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7 . CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
6
8. BINDING EFFECT
\loL-~
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described in Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
1 O. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors. '
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
~~~
: Owne" We.therw;.e A~
) per: PETER WATERS, Director
) Has the Authority to Bind the Corporation
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Weatherwise
Aviation Incorporated.
LEGAL DESCRIPTION OF LANDS
Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan 51R-31319, together
with an easement over Parts 6 and 7, Plan 51R-31319, being all of PIN #'s 58546-
0068 and 58546-0069.
8
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SCHEDULE "B"
,
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Weatherwise
Aviation Incorporated.
SITE PLAN DRAWING LIST
Site Plans are not in a registerable form are available from the Township of Oro-Medonte.
Architectural drawings prepared by ABA are as follows:
A 1.1 Site Development Plan dated 02nd September 2003, revised 18th September 2003.
A 1.2 Site Plan dated 02nd September 2003, revised 18th September 2003.
A2.1 Main Floor Plan dated 15th September 2003, revised 18th September 2003.
A3.1 Elevations dated 16th September 2003, revised 22nd September 2003.
A4.1 Wall Sections dated 16th September 2003, revised 22nd September 2003.
A4.2 Wall Sections dated 2ih May 2003, revised 22nd September 2003.
A4.3 Wall Sections dated 16th September 2003, revised 22nd September 2003.
LP.1 Landscape Pan dated 03rd September 2003, revised 22nd September 2003.
Grading drawing prepared by R.G. Shugg Engineering Ltd. as follows:
GS-1 Lots SW1 - 1 to 5 Grading Plan dated 23rd July 2003, revised 16th September 2003.
Electrical drawings prepared by Mighton Engineering Ltd. are as follows:
E1 Electrical Site Plan dated 06th June 2003.
E2 Electrical Floor Plan dated 06th June 2003.
Mechanical Drawing prepared by CoP a Engineering Ltd. as follows:
M1 Mechanical Layout Hanger uB" dated 20th May 2003 revised 03rd June 2003.
9
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SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Weatherwise
Aviation Incorporated.
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 ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owne~:
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
]0
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SCHEDULE"D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Weatherwise
Aviation.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 1 and 5 herein.
$5,000.00
(REFUNDABLE
DEPOSIT)
II
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-103
Being a By-law to Adopt Amendment No. 18 to the Official Plan
WHEREAS The Corporation of the Township of Oro-Medonte is empowered to
Amend its Official Plan as required; . .
AND WHEREAS the process for considering such an Amendment was in
accordance with Section 17 and 21 of the Planning Act, R.5.0. 1990 c.P 13.
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate
and in the public interest:
NOW THEREFORE it is resolved that:
1. Amendment number 18 to the Official Plan, attached hereto, is hereby
adopted and;
2. This by-law shall come into force and take effect as specified in the
Planning Act R.5.0. 1990, c.P. 13
Read a first and second time this 15th day of October, 2003.
Read a third time and finally passed this
day of
, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
\ \1; -e -::J
OFFICIAL PLAN AMENDMENT NO. 18
(UCCI APPLICATION)
TOWNSHIP OF ORO-MEDONTE
Township Application # P115/01
Prepared by
MERIDIAN
~NG ~LWoInlNC.
Township Planning Consultants
October 8, 2003
\~e'-~
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
PART I:
THE INTRODUCTION
2
3
3
3
3
14
18
1.0 BACKGROUND
2.0 LOCATION
3.0 BASIS FOR THE AMENDMENT
PART II
PART III
Appendix 1:
Appendix 2:
Appendix 3:
THE AMENDMENT
THE APPENDICES
Meridian Planning Report dated August 8, 2003.
Meridian Planning Report dated September 16, 2003
Meridian Planning Report dated October 2, 2003
Ils>~~l\
BY-LAW
The Corporation of the
Township of Oro-Medonte
Being a By-law to Adopt
Amendment No. 18 to the Official Plan
WHEREAS The Corporation o~ the Township of Oro-Medonte is empowered to Amend its Official
Plan as required;
AND WHEREAS the process for considering such an Amendment was in accordance with
Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13.
AND WHEREAS the amendments to the Official Plan are deemed to be appropriate and in the
public interest:
NOW THEREFORE it is resolved that:
1.
Amendment number 18 to the Official Plan, attached hereto, is hereby adopted
and;
2.
This by-law shall come into force and take effect as specified in the Planning Act
R.S.O. 1990, c.P. 13
Read a first and second time on the _day of October, 2003
Read a third time and finally passed this _ day of October, 2003
Mayor
Clerk
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
fU\~N.l ~l~n.iN(;;.
Page 1
October 8, 2003
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CONSTITUTIONAL STATEMENT
Part I: The Introduction, provides general information regarding the general policy
update. Part I: The Introduction does not constitute an operative part of
, ,
Amendment No. 18 to the Official Plan.
Part II: The Amendment, provides the details of the Official Plan Amendment. Part
II: The Amendment, including Schedule A constitute the operative part of
Amendment No. 18 to the Official Plan.
Part III: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III:
The Appendices do not constitute an operative part of Amendment No. 18 to the
Official Plan.
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
tlA~1NQ ~l~.iNC.
Page 2
October 8, 2003
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PART I: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No. 18)
1.0 BACKGROUND
The intent of this Amendment is to place certain lands Part of Lots 26 to 28, Concession 5 (Oro)
in a site-specific Recreational designation to permit the establishment of an adult lifestyle
community and associated recreational uses.
2.0 LOCATION
This Amendment affects 110 hectares (ha) of land Part of Lots 26 to 28, in Concession 5 (Oro).
3.0 BASIS
A comprehensive Planning Report on the application to amend the Official Plan is contained
within Appendix 1 to this Amendment. Further details on the Amendment are contained in
Planning Reports dated September 16, 2003 and October 2,2003 (Appendices 2 and 3).
3.1 Description of Proposal
The applicant wishes to develop an integrated recreational and residential community on the
lands. This community is to include:
. A semi-private 18-hole golf course with a driving range and a practice and putting green
facility;
. A nature trail system with parking facilities, a picnic area, and a nature education centre;
. Tennis courts;
. Adult lifestyle housing; and
. A full-service community centre/club house with amenities such as an indoor swimming
pool, a health club, a pub-style restaurant, an auditorium, craft rooms, computer literacy
rooms, a billiard room and meeting rooms.
Housing units will consist of condominium-style
detached, semi-detached bungalows and buildings
containing up to three linked bungalows and a
retirement home. Of the 110 ha, 38.5 ha are proposed
to be utilized for residential use. Table 1.0 displays the
composition of the residential units. Its target market
includes adults that are: looking for maintenance free move-down housing; 50+ empty nesters
and the retired and semi-retired.
TABLE 1.0-
HOUSING COMPOSITION
Housin Tenure Number of Units
Semi, sin Ie, TH 306
Retirement Com lex 80
TOT AL 386
The golf course will be a modern bent grass fairway design facility with four tee blocks per hole
and a total yardage that plays in the 6,000 to 6,820 range. The development will be privately
serviced through the development of a communal water supply and distribution system, and a
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
\\A~NQ I::OhBJl~n.it<;.
Page 3
October 8, 2003
~-
communal sanitary collection and treatment system. Responsibility Agreements will be required
to be entered into betweet;l the owner and Township.
3.2 Official Plan Context
'The Township Official Plan designates the subject lands as Rural with an Environmental
Protection Two overlay and Shoreline. The applicant wishes to redesignate these lands in
accordance with the adult lifestyle policies in Section H4 of the Official Plan to the Adult Lifestyle
Community designation. A review of the applicable policies is contained within Appendix 1 to this
Amendment.
3.3 Planning Issues
3.3.1 Official Plan Criteria
Section H4 of the Township approved Official Plan establishes the principle of developing an
Adult Lifestyle Community in the Rural designation subject to fulfilling a number of criteria and
obtaining the approval of an Official Plan Amendment. This policy was written at a time when a
number of landowners throughout Simcoe County were considering the development of such
communities to meet anticipated demand. In order to provide the appropriate policy context for
the consideration of these types of developments, Section H4 was included within the Official
Plan.
The intent of Section H4 of the Official Plan is to "recognize the need to consider the development
of self-contained communities that are designed for an aging population." The policy further
indicates that an Adult Lifestyle Community is Ha self-contained community that serves the special
needs of healthy, active and older people and which is designed to provide a safe secure and low
maintenance environment to those people who have generally retired from active working life."
Section H4.4 of the Official Plan sets out the criteria under which such communities are to be
considered in the Township of Oro-Medonte. A brief review of these criteria and the Township's
assessment of whether they have been met or not is below.
a) The development will have little or no impact on nearby agricultural operations.
The development will have little impact on nearby operations, primarily because the
proposal is located on lands to the south of Ridge Road where agricultural uses are
limited. A fuller assessment is contained within Appendix 1 to this Amendment.
b) The site is to be accessed by municipal roads that can accommodate the increased
traffic generated by the Adult Lifestyle Community.
The site will be accessed by both the 4th and 5th Lines. While both roads can
accommodate the increased traffic, improvements to both will be required as a result of
the development. The nature and timing of these improvements can be determined at
the condominium/site plan/ zoning stage of the approval process. However, it should be
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
fU\."4NMJ. ~l~U.!~
Page 4
October 8, 2003
e
noted that improvements will be required at the Slh Line/County Road 20 intersection. In a
letter dated March 3, 2003 from the County, it is indicated the staff is in general
agreement with the findings of the traffic analysis carried out by the applicant. However,
a 60 metre long right-turn land for eastbound traffic on Ridge Road at the Sth Line will be
required.
c) The increased traffic generated by the community has little or no impact on
adjacent or developed areas
Almost all of the traffic accessing the proposed development will use either the 4th or Sth
Lines to a new road that will extend across the property between the two concession
roads. The clubhouse for the proposed golf course will also be located on this new east-
west road. This means that traffic accessing the development site will not need to travel
through existing residential development areas along the shoreline.
However, there will be an increase in traffic on the Sth Line and particularly at the
intersection of Sth Line and County Road 20, where a number of existing residences are
currently located. It is anticipated that improvements to the County Road 20/Sth Line
intersection will be required as noted above.
d) The development can be designed and sited to blend in with the rural
surroundings
The Official Plan contains a number of policies that are intended to protect and enhance
the rural character of the Township. The proposed development has two major
components - housing and recreational. The housing component will occupy
approximately 36% of the property, while the recreational and other open space
components will occupy the remaining area. The gross residential density on the
property is estimated to be 3.1 units per hectare.
The open space nature of the golf course component will assist in ensuring that the
development can be blended into the rural surroundings. In addition, as most of the
development is separated from existing residential development to the south by the
proposed golf course, the area immediately located adjacent to existing developed areas
will continue to maintain an open space character.
Notwithstanding the above, there are two locations on the property where housing will be
located relatively close to the 4th and Sth Lines. In these areas, it is recommended that
the residential development be buffered from both the 4th and Sth Lines by a naturalized
setback area of no less than 20 metres, which would be left in a natural state or
enhanced as appropriate. In addition, it is also recommended that the height of the
dwellings be capped to provide for the development of 1 to 1.S storey buildings. This cap
would be included within the implementing zoning by-law. Ensuring that the height is
limited will further ensure that the open space and low-density character of the area is
maintained.
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
ft..ja~NQ ~l~rti~
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October 8, 2003
e) The development will not have a negative impact on the natural heritage system.
Gartner Lee Limited was retained by the applicant to support the application. Their May
2003 report describes the ecological and physical characteristics of the property, as well
as their functions and significance. Included in this document are recommendations on
mitigating the impacts created by construction and operation of the development.
Faunal and floral investigations were also conducted. Most of the site was likely
cultivated or grazed by livestock resulting in considerable amounts of early successional
thicket, while considerable pockets of mature forest also exist. Many overgrown vehicle
tracks cross the site. Field investigations found 254 plant species (roughly 25% non-
native), including one Regionally Significant Species, the Pale-Spiked Lobelia. Sixty-five
bird species were noted, of which over 50 exhibited behaviour typical of those found at
breeding sites, and 6 species of amphibians and several breeding sites are found on site.
Incidental observations of mammals and butterflies were recorded, but trapping would be
required to accurately determine the number of species.
Gartner Lee reports that wetlands on the site are not large enough to warrant Provincial
evaluation of significance, but would add to the wildlife diversity of the site. The County
of Simcoe Greenlands designation covers most of the site and encompasses a 5
kilometre belt of woodland habitat and mature mixed forest stands in the area. The site is
not a deer concentration area, despite their presence in some thicket communities. The
Environmental Protection 2 (EP2) Designation of the Township Official Plan covers two-
thirds of the site. Two areas of significant vegetation cover exist at the northwest and
southwestern edges of the property.
The intermittent water flow and steep gradients of the upstream portion of the unnamed
tributary severely limit fish habitat potential, as witnessed through several dead fish found
in refuge pools near Lake Simcoe. The shoreline of the stream is consistent across the
property in terms of its gentle slope and sand bottom with established vegetation, except
for the cobble bottom near the 5th Line. No significant or unique physical or habitat
features were observed on the property.
Gartner Lee is of the view that this proposal is ecologically and hydrologically sound and
made a number of recommendations on the design of the development. At the time of
the adoption of this Amendment, the County required some additional information to
complete their assessment of environmental impact.
f) The scale of the community, if located adjacent to or close proximity to existing
residential uses, is consistent with the scale and character of the existing
residential area
This criteria was included within the Official Plan in anticipation of the development of a
large scale Adult Lifestyle Community adjacent to existing residential areas. The intent of
the criteria was to ensure that the Adult Lifestyle Community was designed in a manner
that would reduce the impact of the proposed use on existing and long established
residential uses.
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
Prepared by
MERIDIAN
ftA.,..".....o ~lt*Nnl~
Page 6
October 8, 2003
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In this case, the proposed development has been designed in such a manner so as to
buffer much of the existing residential area by open space uses and by concentrating
residential uses through the centre and northern portions of the subject property. In
addition, traffic from the proposed development will head north and not through existing
neighbourhoods along the shoreline.
3.3.2 Relationship between County and Township Official Plans
The policies in the Township of Oro-Medonte Official Plan respecting the development of Adult
Lifestyle Communities were approved prior to the approval of the County of Simcoe Official Plan.
These Adult Lifestyle policies were originally approved by the Ministry of Municipal Affairs and
Housing.
Section 3.5.4 of the County Official Plan clearly indicates that development is to be directed to
settlements, unless specifically provided for in the policies of the County Official Plan. There is
currently no policy in the County Plan regarding the development of Adult Lifestyle communities
outside of settlements. The County Plan also states that all local planning decisions shall
conform with the County of Simcoe Official Plan. This means that any Township decision on the
application is required to conform to the upper tier plan. Given that the very policy that provides
the basis for considering an Adult Lifestyle community in Oro-Medonte does not conform with the
County Official Plan, the approval of an Adult Lifestyle community in accordance with those same
Township policies would also not conform.
Notwithstanding the above, the County of Simcoe chose not to amend the Township of Oro-
Medonte Official Plan following the approval of the County Plan to ensure that both Plans were
consistent with each other. In addition, the applicant has submitted an application to amend the
County of Simcoe Official Plan to ensure that the proposed development can proceed. Given that
such an Amendment application has been submitted, issues relating to the suitability and
appropriateness of permitting development outside of settlement areas will have to be addressed,
both at the local and County levels.
3.3.3 Expansion of Shoreline Area
Section D10 of the current Oro-Medonte Official Plan indicates that inland expansions of the
Shoreline designation shall not be considered unless a detailed review of the entire Shoreline
area designation is carried out as part of an Official Plan Review. This policy was included within
the Official Plan in 1995 to prohibit further inland expansions of the Shoreline development area,
as a result of concerns about environmental impacts, servicing and public access. The only form
of development that is currently permitted in the shoreline area is by Plan of Subdivision (only if
the lots front directly on the water) and through the process of infilling.
Although the applicant has not applied to designate the subject lands Shoreline, it is the opinion
of Council that the application does constitute an expansion of the Shoreline development area.
It is recognized that the residential development area is set a considerable distance away from
existing shoreline development and is separated from such development by recreational uses in
the form of a golf course and other related facilities. To some extent, this mitigates any impacts
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on the existing community, however, the development continues to constitute an expansion to the
developed area.
The proponent has indicated that there are no other suitable locations along the entire shoreline
of Lake Simcoe in the Township of Oro-Medonte for the proposed use. Factors cited by the
applicant include the large size of the parcel needed for the use, the nature of the topographical
and other features on the site and its proximity to the City of Barrie, which is one of the
proponents' target markets. In addition, the proponent indicates that the policies of the Adult
Lifestyle Community designation provides for the consideration of these types of communities
anywhere within the Rural designation, even if the designation is located adjacent to the
Shoreline designation.
On the basis of a review of the entire shoreline area, it is apparent that there are potentially a
number of other sites that could accommodate the type of development envisioned by the
proponent. Some of these sites may require property consolidations to ensure that enough land
was available for the use. A comparison of the relative suitability of the subject site and other
potential sites in the shoreline area has not been carried out. The proponent continues to
maintain that the subject site is the most appropriate and is supported by the appropriate
technical justification.
It is Council's opinion that if the proposed development was comprised of a typical residential
plan of subdivision that was marketed to all age groups, and was of the scale proposed, there
would be no justification for siting such a development on this property or in any other location
adjacent to the existing Shoreline designation. However, the policies in the Official Plan that
provide for the development of Adult Lifestyle communities to provide for the consideration of
such communities any where in the Rural designation, including lands adjacent to the Shoreline
designation.
3.3.4 Assessment of Need
Section H4.5 of the Township Official Plan indicates that any application to amend the Official
Plan to permit the development of an Adult Lifestyle Community shall be supported by:
· An assessment of the number of units approved but not yet occupied in similar
developments in the County of Simcoe and the Greater Toronto Area; and,
· An assessment of the market for the proposed development given the existing supply of
similar units in the County of Simcoe and the Greater Toronto Area.
Such an assessment was carried out by Clayton Research Associates, who were retained by
UCCI Consolidated Companies Inc. to prepare a report, which was received by the Township on
May 3, 2002. The intent of the report was to assess the market opportunity for the development.
According to Clayton, the Greater Toronto Area is the largest source of buyers of adult lifestyle
community homes. Increased choice within the GT A is attracting buyers who may not have
considered moving into such communities, signified by 3,400 new such units being created
between 1996 and 2001. This rate was double the rate experienced during the recession years
between 1991 and 1996. Simcoe County accounted for the highest demand for new housing for
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couples over 55 without children by anyone region within the GT A during the 1991 to 1996
period. With current demographic trends indicating an older population demanding a variety of
housing options, it is projected by Clayton that roughly 600 new, ground-oriented homes in adult
lifestyle communities in southern Ontario will be needed annually by 2011.
,The report highlights many of the positive attributes. the site offers toward adult lifestyle
community living, such as its proximity to urban amenities, recreational opportunities and its
natural setting in a less urban location. The inclusion of the golf course provides a marketing
advantage as few adult lifestyle communities have neither fully integrated golf courses nor golf
course views. It is expected that the major competition for the community will come from Briar
Hill (New Tecumseth), Ballantrae Golf and Country Club (Whitchurch-Stouffville) and Newport in
Collingwood.
It is predicted that, as a result of site attributes and known and potential future competition, 5.0 to
7.5 percent of the market would be captured by the proposed development on the subject lands.
This is a lower target than what has been achieved so far in Briar Hill and Ballantrae, and many
current communities are expected to be at full occupancy during this time frame. Demand is
expected to increase, even under the most conservative estimates, by 25 to 50 units each year
until 2011 in a market that continues to evolve.
In a follow-up letter dated May 20, 2003 it was indicated that as a result of the known demand
from GT A buyers and a number of other factors that are specific to the County of Simcoe, there is
sufficient demand to support several new communities over the next few years. With regard to
long-term occupancy, Clayton Research indicates is that adult lifestyle communities continue to
attract older couples without children. A few communities have become more conventional as a
result of a conscious decision by the developer to shift marketing and design practices. Despite a
sizable percentage of unit resales, very few, if any, children are moving into these communities.
The initial Clayton Report and the May 20, 2003 letter was peer reviewed by Hemson Consulting
on behalf of the Township of Oro-Medonte. Their letter is dated August 6, 2003 and it indicates
that:
"We would agree that market opportunity likely exists for the subject community. We
have a major concern, however, with using this conclusion to imply that there is a need to
approve this type of development in the Township of Oro-Medonte. In our view, the
Clayton Report does not address the question of need. It serves the single, and in our
view quite narrow, purpose of attempting to establish that market opportunity likely
exists. "
Hemson further indicates that there are opportunities in the current market for virtually any type of
ground related, residential development in southern Simcoe County, particularly so close to the
rapidly growing City of Barrie. In essence, Hemson is indicating that it is an easy case to make
that a market exists.
Hemson further notes that the identification of a potential market should not drive the approval
process. Instead, other planning related factors such as location, impacts and compatibility
should be considered. Hemson also indicates that they have some concerns about the long-term
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occupancy pattern in such a development and comments that the possibility exists for the
community to be occupied by families with children in the long term.
In addition, Hemson also notes that there is a current supply of about 3,460 dwelling units in the
Township, which translates into 28 years of supply, based on the development of an average of
120 new units per year. This information was. provided to Hemson by Meridian Planning
Consultants, who carried out an up to date analysis of the existing supply situation in the
Township of Oro-Medonte.
Lastly, Hemson notes that it is their opinion that an Adult Lifestyle development should be
considered and reviewed much like any other typical residential development in the municipality.
It is their view that if the review of the proposal was carried out in this manner, there would be
little justification for developing the use in the location proposed. It is indicated by Hemson that
"in our opinion, applications like this - and others across Simcoe County proposing development
outside designated settlement areas - may in fact be an attempt to circumvent the normal
approval process using the Township's Official Plan policies regarding Adult Lifestyle
communities." It is on this basis that they recommend that the Adult Lifestyle policies be deleted
from the new Official Plan. The Township concurs with this latter recommendation and has
deleted this policy through the adoption of OPA #17 on August 21,2003.
The policies in the current Official Plan both anticipate and provide for the development of Adult
Lifestyle communities in the Rural designation. These policies were added to the Plan to provide
Council with the criteria required to assess such applications, because they were anticipated
during the planning period. The other option at the time would have been to be silent on the
issue and then deal with such applications on a case by case basis. It is my opinion that if the
Official Plan was silent on the development of Adult Lifestyle communities, an application to
develop the subject site would probably not have been submitted and if one was submitted, it
could not be recommended for approval given the other policies in the Official Plan that attempt to
direct development to existing settlement areas.
Section H4.5 of the current Official Plan outlines the information that is required to be submitted in
support of an application for the development of an Adult Lifestyle community. The information
required includes an assessment of the number units approved but not yet occupied and an
assessment of the market for the proposed development. The policies do not indicate that
Council shall be satisfied that the market exists or that there is not an over supply of such units
within the municipality and other jurisdictions. Rather, the policies require that information on
these two issues be provided to Council for their consideration.
On the basis of a review of all of the Clayton/Hemson materials, it is clear that there is a market
for the proposed development in the Greater Toronto Area/Simcoe County. However, there
appears to be some debate on how many units are available in other developments and
development proposals, and which may compete in theory with the proposed development on the
subject lands.
Clayton is of the view, in a general sense, that the market will determine which community is
successful and which ones are less successful. To a certain extent, Council agrees with this
contention and is of the view that some communities may not proceed because of the lack of an
Official Plan Amendment 18
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Township of Oro-Medonte
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amenity or the inability of a developer to properly market/develop such a product. Some of the
communities proposed within the County of Simcoe may fall into this category over the long term.
On this basis, it is difficult to carry out a relative assessment of all of the other approved and in
process communities to determine whether the community proposed on the subject lands will be
successful or not.
On the basis of the above, it is Council's opinion that the information requirements set out in
Section H4.5 have been satisfied. In addition, it is Council's opinion that the locational criteria set
out in Section H4.4 are the criteria that need to be considered by Council to determine whether
the project is suitable or not.
Notwithstanding the above, there is a need to include conditions of approval within the OPA to
ensure that the units are occupied by those aged 50+. These conditions include:
. Restricting the height of the dwelling units to 1 to 1.5 storeys;
. Limiting the number of bedrooms in the dwellings;
. Capping the amount of permitted floor area in the dwellings;
. Requiring a demographic analysis of the occupants following the occupancy of the first
100 dwelling units;
. Requiring that the golf course component and certain other recreational amenities are
developed early in the development program;
. Requiring that 40 units in the retirement home be built before more than 200 other units
are developed; and,
. Setting aside land on the property that would be dedicated to the municipality as
parkland.
With respect to the latter condition, acquiring parkland will ensure that lands are available for
public use in the area in the future if the occupancy of the development evolves over time. In
addition, it also provides the Township with an opportunity to further enhance and develop the rail
trail which runs along the northern boundary of a portion of the subject lands. On this basis, this
OPA requires that parkland be located at the north-east corner of the property, where the 5th Line
crosses the rail trail.
3.3.5 Servicing Issues
The Jones Consulting Group was retained by UCCI Consolidated Companies, Inc. to support the
servicing aspects of the development. The May 2003 report outlines the servicing
recommendations for the golf course and residential development. These recommendations
include communal private services for sewage, water, stormwater management and roads.
Development will be phased proportionally to their target recreational market.
Wastewater is proposed to be treated at a central facility within the community and transported
there through gravity sewers. The system will be designed to handle a peak flow (MDF) of just
over 1353 cubic metres. Sewers will include manhole structures and hook-ups in accordance
with Township standards, however the minimum sewer depth of 1.5 metres is proposed.
Official Plan Amendment 18
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Township of Oro-Medonte
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The treatment system preferred is marketed by Zenor and called ZenoGem@. This technology
uses a process that reduc,es the volume of sludge produced. Tanks on site will hold the sludge,
or arrangements will be made for hauling to landfill or for land application. The system can be
monitored from off-site and only routine maintenance, cleaning and alarm response is needed on-
site. Spray irrigation in conjunction with the golf course is recommended for effluent disposal.
'Direct discharge to Lake Simcoe is discouraged and subsurface discharge is undesirable due to
compact soils and the scale of the project. Storage ponds are incorporated into the proposal to
hold effluent produced in the winter months.
To meet average and peak daily demands, water needs to be provided at the rate of 11.038 litres
per second. Fire flow is conservatively estimated to be 38 litres per second for two hours.
Storage needs on site are predicted to be 640 cubic metres. The detailed design stage shall yield
the necessary size and location of water mains. Upon location of an adequate supply, it is
recommended that two to three separate wells be constructed, with three wells being able to
meet the maximum daily demand with one well remaining largely out of service. Treatment and
quality requirements would be established during the final well testing program. A test well was
drilled just west of the 5th Line, south of the former CNR line. It yielded 5.3 litres per second with
indications of more water being available to a maximum of 11.03 litres per second. It is reported
that there is enough water from a supply perspective without affecting neighbouring water
supplies. At the time of the adoption of this OPA, this had not been proven. As a result, one of
the major conditions of approval will be the carrying out of the work required to satisfy Council in
this regard.
Stormwater management to be addressed by the drainage plan include quantity control, quality
control, slope stability protection and environmental protection. A 15 metre top of valley wall
buffer shall be used between streams and development and a future EIS will identify land use
development restrictions to preserve natural environmental and drainage features. Conservation
of existing site features, such as woodlots and topography, shall intercept precipitation and runoff.
Drainage infrastructure shall conform to the dual drainage principle. The minor systems shall
consist of roadside swales that can contain a five year storm, plus a major system using the road
network to divert overflow from the minor system to outlets consistent with site topography.
These systems shall eventually flow into one of three Stormwater Management Facilities
proposed on site, where water can be stored, sediment can be trapped and nutrients absorbed to
Ministry of the Environment Level 1 Protection.
It should be noted that the Township will be required to enter into responsibility agreements with
the proponent for both the communal sewage and communal water systems. This means that
the Township will be responsible for these systems, in the event the owner of these system
cannot maintain them in accordance with Ministry of the Environment regulations/guidelines or if
the owner is not able or unwilling to continue providing the services. Such a responsibility
agreement typically requires the depositing of funds with the Township to ensure the Township is
able, if required, to repair/upgrade these systems in the future. In addition, the Condominium
Corporation would also be required to establish a reserve fund that would inevitably have enough
money to replace the system. The details of the responsibility agreement will need to be worked
out in advance of any of the final approvals being given.
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
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3.4 Conclusions
It is Council's opinion that the applicants have supplied enough supporting information on water
supply, sewage disposal, traffic impacts, design and environmental impacts to allow for a fairly
complete assessment of whether establishing the principle of development is appropriate. On the
basis of a review of these reports, it appears as if there is a strong likelihood that the:
. lands can be supplied with an adequate amount of potable water;
. lands can be serviced by a sewage treatment system that is designed to current
standards;
. traffic impacts will be minimal; and,
. design of the development will generally be compatible with the rural area and
surrounding development.
It is recognized that much additional technical work needs to be done, particularly with water and
sewage servicing. It is on this basis that this Amendment conditionally establishes the principle of
development by setting out a number of criteria that need to be fulfilled before any additional
planning approvals are obtained.
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
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PART II: THE AMENDMENT
(This is the operative part of Official Plan Amendment No. 18)
ITEM # 1
Section 06 of the Official Plan is amended by adding the following new section:
"D6.1
EXCEPTIONS
D6.1.1
Part of Lots 26 to 28, Concession 5 (Oro)
In addition to all other applicable policies of this Plan, the following policies apply
to those lands shown on the schedules to this Plan as being subject to this
Section.
D6.1.1.1
Permitted Uses
A fully integrated recreational and adult-oriented lifestyle community is permitted.
The residential component of the community shall be designed to serve the
special needs of people who have generally retired from working life and wish to
live in an environment that is designed to be safe, secure and low maintenance.
Permitted residential building forms are limited to single-storey single detached
and semi-detached dwelling units. Townhouse buildings with no more than three
bungalow-style townhouse dwelling units are also permitted. No more than 306
such units in total are permitted.
The recreational component of the community is an integral part of the planned
function of the community and on this basis, open air recreational uses such as a
golf course and walking trails and other recreational and community facilities are
permitted.
In addition to the above, small-scale retail and personal service uses that are
designed to serve the community and a low-rise retirement home offering care to
retired people is permitted. The maximum number of units in the retirement
home shall be 80.
D6.1.1.2
Criteria to be satisfied before additional approvals ~iven
Following the approval of this Section of the Plan, no further approvals under the
Planning Act, as amended, shall be granted until Council is satisfied that:
a) an adequate supply of potable water is available to service the
community;
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b) any proposed water taking will not have an impact on adjacent users of
groundwater;
c) the application of fertilizers, herbicides and fungicides on the lands will
not have an impact on adjacent users of groundwater;
d) the proposed means of sewage disposal is appropriate for the type and
location of the development and will not have an impact on surface water
and groundwater;
e) the proposed means of sewage disposal is approved, in principle, by the
appropriate agencies;
f) an appropriate groundwater monitoring program has been established
that will:
establish water quality and quantity base line conditions in a
representative sample of adjacent drilled and dug wells;
identify how these wells will be monitored, at pre-construction,
during construction and post construction;
identify how the data collected will be reported; and,
identify remediation measures to deal with any issues that may
arise in these wells during the monitoring period.
g) the development will not have a negative impact on the natural heritage
features and related ecological fUr;\ctions on the site and in the immediate
area and will not have a negative impact on the overall function of the
Greenlands system south of Ridge Road;
h) the locations of the 'in-play' areas associated with the golf course are
located an acceptable distance from uses on adjacent lots;
i) an appropriate environmental management and enhancement plan has
been prepared that identifies what measures will be taken to maintain
approximately 25% of the site in a natural condition and which shows
how existing natural features and proposed natural areas are to be
protected and enhanced on the site over time; and,
j) issues relating to the shared community use of the facilities on the lands
have been addressed.
Notwithstanding any other policy in this Plan, Council is under no obligation to
consider further planning approvals if the conditions set out above have not been
met to Council's satisfaction. Furthermore, it is a policy of this Plan that if it is
determined that the development will have an unacceptable impact on adjacent
land uses as a result of further study, no further planning approvals are to be
given and Council will consider the un-designation of the lands.
Official Plan Amendment 18
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D6.1.1.3
Conditions of approval
All further development approvals shall include conditions that:
a} require the appropriate implementation of all of the studies and approvals
in principle obtained as per Section 06.1.1.2 of this Plan;
b) ensure that the monitoring program required by Section 06.1.1.2( e) is
established and operating;
c) require the posting of appropriate financial guarantees in accordance
with any approved study, plan or monitoring program;
d) prohibit the occupancy of more than 100 dwelling units in the community
until such time as a full 18-hole golf course has been constructed and is
operational;
e) prohibit the occupancy of more than 150 dwelling units in the community
until a community centre with an indoor pool and associated facilities is
constructed for the benefit of the residents of the community;
f) prohibit the occupancy of more than 200 dwelling units in the community
until at least 40 units in a retirement home have received Certificates of
Occupancy;
g) set out the phasing of any required improvements to Township and
County Roads;
h) require the dedication of an appropriate amount of parkland to the
Township at the intersection of the 5th Line and the former CNR line at
the northeast corner of the site; and,
i) require the submission of demographic information at appropriate
development intervals indicating the ages of those moving to the
community and their origin.
D6.1.1.4
ZoninQ
The implementing Zoning By-law shall contain provisions that:
a) prohibit the construction of two storey single, semi-detached and
townhouse dwellings;
b) restrict the height of retirement buildings to two storeys;
c) prohibit the establishment of more than two bedrooms in any single,
semi-detached or townhouse dwelling;
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Township of Oro-Medonte
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d) cap the size of the dwelling units to reflect the intended market for the
dwelling units;
e) require the maintenance of a 20 metre wide natural area or landscaping
area adjacent to both the 41h and 5th Lines; and,
f) prohibit the construction of basements associated with the single, semi-
detached and townhouse dwelling units.
Council may also utilize a Holding provision to ensure that all identified servicing,
design, environmental and financial conditions are satisfied before development
occurs.
ITEM #2
Schedule A3 is amended by re-designating the lands shown on Schedule A attached from the
Shoreline, Rural and Environmental Protection Two designations to the Recreational designation
with the note "subject to Section D6.1.1"
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
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T
SCHEDULE lA'
Official Plan Amendment 18
. Township of Oro..Medonte
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Designations
(:::*;:~ Shoreline
f::'::::~ Open Space
~ Rural
~ Settlement Area
c:J Agricultural
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N.T.S.
LEGEND
-
Lands to be Designatod Recreational
and subject to Section 06.1.1 of this Plan.
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PART III: THE APPENDICES
Appendix 1
Meridian Planning Report dated August 8, 2003
Appendix 2:
Meridian Planning Report dated September 16, 2003
Appendix 3:
Meridian Planning Report dated October 2, 2003
Official Plan Amendment 18
(UCCI Application)
Township of Oro-Medonte
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flA.hIN~ CON!!<<J1.:t*.N'ftlJrr<<:.
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,
PLANNING REPORT
ON UCCI APPLICATION
TOWNSHIP OF ORO-MEDONTE
Township Application # P115/01
Prepared by
(J~lUP~~
August 8, 2003
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. \D~ -04
\'-o~~:J1
TABLE OF CONTENTS
1.0 INTRODUCTION 1
2.0 SITE DESCRIPTION 1
3.0 . DESCRIPTION OF PROPOSAL 1
4.0 PLANNING CONTEXT 2
4.1 County of Simcoe OffICial Plan 2
4.2 Township of Oro-Medonte Official Plan 5
4.3 Process to Date 8
5.0 PUBLIC/AGENCY COMMENTS 9
6.0 PLANNING ISSUES 12
6.1 County of Simcoe Shoreline Planning Study 12
6.2 Relationship between County and Township Official Plans 14
6.3 Expansion of Shoreline Area 14
6.4 Official Plan Criteria 15
6.5 Assessment of Need 21
6.6 Fiscal Impact 25
6.7 Servicing Issues 26
6.8 Design 27
7.0 RECOMMENDATIONS 27
8.0 RESOLUTION 29
f~€-~5'
1.0 INTRODUCTION
This report assesses applications to establish the principle of development in both the County of
Simcoe and Township of Oro-Medonte Official Plans. UCCI Consolidated Companies Inc.,
(UCCI)' have submitted applications to amend the T owns~ip Official Plan (OP) and the County
Official Plan and to also amend the Zoning By-law for the Township.
The applicant has requested the County to redesignate the subject lands from Greenlands to a
designation that would permit an Adult lifestyle Community in the Rural and Agricultural
designation in the County OP and from Rural with Environmental Protection Two to Recreational
and Adult Lifestyle Community in the Township OP. A zoning application was also submitted, but
it is not dealt with in this report, since it is premature. A public meeting that dealt with the two
Official Plan requests was held on March 3, 2003.
2.0 SITE DESCRIPTION
The subject lands are located to the north of Kempenfelt Bay, south of Ridge Road, and are
approximately 10 kilometres (km) north and east of Barrie. The lands are 110 hectares (ha) in
area and legally described as Part of Lots 26 to 28, in Concession 5, in the former Township of
Oro.
Bound by the former Canadian National Railway (CNR) line to the north, Windfield Drive and
Greenwood Forest Road to the south, and Oro-Medonte Line Four and Five to the west and east,
the lands are vacant. There is an estate residential subdivision south of the subject lands and a
small lot subdivision to the southeast. Other lakefront development is also located in the area.
The subject lands are relatively flat with a general slope of 2 per cent. An unnamed intermittent
watercourse flows through the western portion of the lands from north to south. Vegetation on
the lands consists of patches of mixed coniferous and deciduous trees with the remainder being
that of lower cover and scrub lands.
3.0 DESCRIPTION OF PROPOSAL
The applicant wishes to develop an integrated recreational and residential community on the
lands. This community is to include:
. A semi-private 18-hole golf course with a driving range and a practice and putting green
facility;
. A nature trail system with parking facilities, a picnic area, and a nature education centre;
. Tennis courts;
. Adult lifestyle housing; and
. A full-service community centre/club house with amenities such as an indoor swimming
pool, a health club, a pub-style restaurant, an auditorium, craft rooms, computer literacy
rooms, a billiard room and meeting rooms.
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
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Page 1
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(lot '~0
Housing units will consist of condominium-style
detached and semi-detached bungalows, and a
retirement home. Of the 110 ha, 38.5 ha are proposed
to be utilized for residential use. Table 1.0 displays the
composition of the residential units: To preserve views,
the proposal aims at clustering the residential units
around the golf course. Its target market includes
adults that are: looking for maintenance free move-
down housing; 50+ empty nesters and the retired and
semi-retired.
TABLE 1.0
COMPOSITION
HOUSING
Housing Number
Tenure of Units
Detached 183
Semi- 116
Detached
Retirement 40
Complex
TOTAL 339
The golf course will be a modern bent grass fairway design facility with four tee blocks per hole
and a total yardage that plays in the 6,000 to 6,820 range. The development will be privately
serviced through the development of a communal water supply and distribution system, and a
communal sanitary collection and treatment system. It is anticipated that a responsibility
agreement will need to be entered into between the owner and Township if the development is
approved. A plan showing the proposal is attached to this report.
4.0 PLANNING CONTEXT
There are several planning documents that apply to the development proposal. These documents
establish the context within which the proposal must be assessed. A summary of the planning
context is provided and the applicable policies and guidelines from both the County and Township
o fftci a I Plans are described herein.
4.1 County of Simcoe Official Plan
The County OP designates the subject lands as Rural and Agricultural and Greenlands (County
of Simcoe O.P., Schedule 5.1).
4.1.1 Goals
The proposed development should implement the goals of the County Plan. Accordingly it should:
. Protect, conserve and enhance the county's natural and cultural heritage;
. Utilize growth management that achieves lifestyle quality and cost-effective municipal
servicing, development, and land use practices; and
. Utilize community economic development, which promotes economic sustainability in the
communities of Simcoe County, and which provides employment and business
opportunities (County of Simcoe O.P., Section 1.4).
4.1.2 Growth Management
These policies indicate the manner in which the County will accommodate growth, manage its
resources and protect its natural features. The proposed development should ther€fore conform
with the directions stated in these policies.
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4.1.3 Strategy
In Section 3.1 of the Official Plan. the County identifies the strategies that are to be utilized to
effectively manage growth. With consideration of the proposed development, the following
strategies would be applicable:
· Non-resource related growth and development is directed to settlements;
· local municipalities are to undertake growth management strategies that form the basis
for how much growth is directed to settlements, recreational districts and shoreline areas;
· Resource based development such as tourism and recreation, should be encouraged
and effectively managed; and
· Communities should be developed with diversified economic functions and opportunities.
4.1.4 General Subdivision and Development Policies
Since the applicant proposes to develop the subject lands by plan of condominium, those policies
relating to subdivision type development apply. These policies state that the subdivision of land
by plan of condominium is permitted only for land uses permitted in the current designation or that
maintain the intent of the Plan's objectives and policies (County of Simcoe O.P., Section 3.3.1). In
addition, development is not permitted in Class 1, 2 or 3 wetlands and the habitat of threatened or
endangered species or hazardous lands. However, development may be permitted within 120 m
of these features where otherwise permitted and where an Environment Impact Study (EIS) can
demonstrate that there will be no negative impact in the natural features or on the ecological
functions including water resources (County of Simcoe O.P., Section 3.3.4). The subdivision of
land and development may also be permitted in or within 50 m of fish habitat, significant
woodlands, significant valley lands, significant wildlife habitat and significant areas of natural and
scientific interest (ANSI) provided that an EIS demonstrates that there will be no negative impacts
on natural features or ecological functions (County of Simcoe O.P., Section 3.3.5).
Section 3.3.6 states that decisions on the location and form of subdivision and development
should be made with an objective of conserving high quality landscapes, including views and
vistas. Therefore new lots for non-agricultural uses created by plan of subdivision should not be
permitted to extend into provincially significant wetlands, flood plains, and hazardous slopes..
These areas of constraint should be identified on the plan as a separate block or should be
attached to an individual lot in order to maintain single ownership (County of Simcoe O.P.,
Section 3.3.13).
All plans of condominium are to be accompanied by a Storm Water Management (SWM) report,
which includes a SWM plan. The plan and its facilities should:
. Maintain pre-development water quality and improve run-off quality where appropriate;
. Accommodate flows created by a one in 100 year storm event or accepted engineering
standards for a local municipality to the satisfaction of the County and any appropriate
agencies;
. At minimum, maintain the current flow rate beyond the property boundary;
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· Address other matters, which are considered appropriate based on the characteristics of
the area; and
· Determine and describe the necessary measures required during construction to mitigate
the potential negative impacts of the development (County of Simcoe a.p., Section
3.3.15).
Aside from the SWM report, the County also requires applicants to undertake and implement a
traffic impact study where County Road improvements may be necessary. based on proposed,
existing C?nd future traffic volumes (County of Simcoe a.p., Section 3.3.16).
4.1.5 Settlements
Policies in Section 3.5.4 clearly indicate that development not related to agriculture, extractive
resource development, and country recreation facilities, is to be directed to settlements. The
application by UCCI does not conform to this policy and this is one of the reasons why an
application to amend the County Official Plan has been submitted.
4.1.6 Rural and Agricultural Designation
As a portion of the subject lands are designated Rural and Agricultural the policies for this
designation apply.
The uses permitted in rural areas include those permitted in prime agricultural areas and also
includes highway commercial, institutional, recreational facilities, country residential subdivisions
to a maximum of 40 lots, and rural business parks (County of Simcoe O.P., Section 3.6.7). In
country residential subdivisions, lot sizes should average no larger than one hectare in order to
conserve larger blocks of land for agricultural purposes or for their environmental value (County
of Simcoe O.P., Section 3.6.9). The preferred method of land division for country residential
development in rural areas is through plan of subdivision (County of Simcoe O.P., Section
3.6.11). The application by UCCI does not conform with this policy and this is one of the reasons
why an application to amend the County Official Plan has been submitted.
4.1.7 Greenlands Designation
A substantial portion of the property is designated Greenlands. Greenland areas include
wetlands, ANSI's, significant woodlands, significant wildlife habitat, significant valley lands, fish
habitat, environmentally sensitive areas (ESA), major lake, river and creek systems and Niagara
Escarpment natural areas. Development is not permitted within Provincially Significant Wetlands
or the habitat of threatened and endangered species and is to be directed away from signifteant
woodlands, significant wildlife habitat areas, significant valley lands, fish habitat, ANSI's, ESA's,
and major lake, river and creek systems. In addition, new uses that are proposed within or
adjacent to the above-mentioned features may only be permitted if it does not negatively impact
on the nature features(s) and/or their associated ecological functions (County of Simcoe O.P.,
Section 3.7.5).
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Permitted uses within Greenlands include agricultural uses with acceptable results from an EIS,
extractive resource development, highway commercial establishments, institutional uses,
agriculture related uses, agriculture sales outlets, the processing of agriculture products, country
residential subdivisions (maximum of 20 lots), and country recreational facilities (County of
Simcoe O.P., Section 3.7.6). In country residential subdivisions lot sizes should average no larger
than one hectare (County of Simcoe O.P., Section 3.7.8). The application by UCCI does not
conform with these policies, since the Greenlands designation does not permit the scale of
development proposed.
4.1.8 General Development Policies and Guidelines
Section 4.3 includes a set of policies and guidelines that apply to all development. These include:
· Minimizing the removal of natural vegetation, especially along shorelines. If significant
vegetation cannot be retained, then it should be replaced;
· Protecting and maintaining scenic resources;
· The proposed architecture, scale of development, and development pattern be
compatible with or enhance the character of the existing area;
· Outdoor lighting be developed that complements the setting and does not over-illuminate
or glare;
· Development be clustered at edges of significant open spaces;
· Road patterns fit and complement the topography;
· Sign by-laws reduce undesirable visual impacts of signs;
· Cultural heritage resources shall be conserved where appropriate;
· Green spaces, parks and open space, where possible be connected;
· A mix of housing (variety of houses and lot sizes) be included in residential developments
and subdivisions;
· Communities be developed having a strong pedestrian orientation; and,
· The integration of trails and pathways.
Other policies are included with respect to development in rural areas. They state that
development should wherever possible be designed and sited on a property so as to minimize
adverse impacts on agriculture, and natural and cultural features (County of Simcoe O.P., Section
4.3.2). They state that development should wherever possible be in a cluster form to facilitate the
efficient and economical provision of services (County of Simcoe C.P., Section 4.3.3). General
development policies and guidelines also indicate that retirement/lifestyle communities are only
permitted on full communal services and are to be supported by a feasibility study (County of
Simcoe O.P., Section 4.7.1).
4.2 Township of Oro-Medonte Official Plan
The Township Official Plan designates the subject lands as Rural with an Environmental
Protection Two overlay, Shoreline and Recreational (Township of Oro-Medonte O.P., Schedule
A3). The applicant wishes to redesignate these lands to the Adult Lifestyle Community
designation. A review of the applicable designations is below.
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4.2.1 Adult lifestyle Communities
The Township of Oro-Medont~ does not designate any lands as Adult Lifestyle Community in its
Official Plan. However they do provide policies that guide the development of such. These
policies indicate that Adult Lifestyle Community developments are permitted by amendment to the
Official Plan (Township of Oro-Medonte O.P., Section H4.2).
Permitted uses within this designation include: low density residential such as detached, semi-
detached. medium density. townhouses. apartments and other residential multiples; and
accessory uses such as golf courses, swimming pools, multi-use community centres, retail and
personal services, and nursing and retirement homes (Township of Oro-Medonte O.P.. Section
H4.3). This Section also indicates that the maximum density is not to exceed 7.0 units per gross
ha.
4.2.3 Locational Criteria
Adult Lifestyle Communities are only permitted in those areas not designated Agricultural and
provided that:
.
The development will have little or no impact on nearby agricultural operations;
The site is to be accessed by municipal roads that can accommodate the increased traffic
generated by the adult lifestyle community;
The increased traffic generated by the community has little or no impact on adjacent
developed areas;
The development can be designed and sited to blend in with the rural surroundings;
The development will not have a negative impact on the natural heritage system; and,
The scale of the community. if .Iocated adjacent to or in close proximity to existing
residential uses, is consistent with the scale and character of the existing residential area.
(Township of Oro-Medonte C.P., Section H4.4)
.
.
.
.
.
4.2.4
Information Requirements
Section H4.5 outlines the information required in support of an application to amend the Official
Plan to permit the development of an adult lifestyle community as follows:
. An assessment of the number of units approved but not yet occupied in similar
developments in the County of Simcoe and the Greater Toronto Area;
. An assessment of the market for the proposed development given the existing supply of
similar units in the County of Simcoe and the greater Toronto Area;
. A report on the impact of the proposed development on the municipality's finances;
. A Planning Report that addresses all of the locational criteria listed in Section H4.4 of the
Official Plan;
. An assessment of the need and feasibility of developing communal services on the site;
and,
. An EIS.
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4.2.5 Environmental Protection Two overlijY
This designation applies to components of the natural heritage system that are not included in
other designations, as they require further study. These components can include significant
woodlands, Class 4. 5. 6, and 7 wetlands, unevaluated wetlands, regionally significant ANSI's.
other wildlife habitat areas. and fish spawning and nursery areas (Township of Oro-Medonte
a.p., Section F1). The EP2 designation recognizes the significant vegetation on the subject lands
as part of larger complex along the north shore of lake Simcoe.
As such, new development is generally discouraged in these areas but may be permitted through
the completion of an EIS and a MP that demonstrate that proposed development can occur
without having negative impacts on critical natural features and ecological functions of area.
Section G3.3 outlines that an EIS should demonstrate, where applicable, that the proposed use
will:
· Not discharge any substance that could harm air quality, groundwater, surface water and
associated plant and animal life;
· Be supplied by an adequate supply of water and that the groundwater taking associated
with the use will not harm existing water supplies and associated plant and animal life;
· Not cause erosion or siltation of watercourses or changes to watercourse morphology;
· Not interfere with groundwater recharge to the extent that it would adversely affect
groundwater supply for any use;
· Not cause an increase in flood potential on or off the site;
· Maintain/enhance/restore the natural condition 'of affected watercourses, and
protect/enhance/restore aquatic habitat;
· Not significantly affect the scenic qualities of the area;
· Not encourage the demand for further development that would negatively affect wetland
function or contiguous wetland areas; and,
· Enhance and restore endangered terrestrial and aquatic habitat where appropriate and
feasible.
The EIS must also demonstrate that there will be no negative impacts resulting from the proposed
use on the significant natural features that are identified on Schedule 'B' to the Township Official
Plan or the ecological functions for which the area is identified. These features include:
· Significant wetlands;
· Significant portions of the habitat of endangered and threatened species;
· fish habitat;
· significant vegetation areas;
· Significant valley lands;
· Significant wildlife habitat; and,
· Significant ANSI's (Township of Oro-Medonte O.P., Section G3.3).
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4.2.6 Rivers and Streams
Since the subject lands contain a watercourse, it would be advisable to provide a 30 m setback
from such in accordance with Section G1.2. This section states that all rivers and streams will be
protected from incompatible development to minimize the impacts of such development on their
function.
4.2.7 Site Specific Amendments
The Township will not consider site-specific amendments unless they are anticipated by the
Township plan, for a period of 5 years (Township of Oro-Medonte O.P., Section J3). However,
adult lifestyle communities are anticipated by the Plan as provisions (Le., a designation) are
established for them.
4.3 Process to Date
The chronology of the main events is as follows:
Event
Date
1.
Pre-Consultation
July 2001
2.
Applications Submitted
Township ofOre-Medonte
Official Plan Amendment
Zoning By-law Amendment
December 20, 2001
3.
Submission of Technical Reports
May 3, 2002
4.
Planning Advisory Committee
Township of Ore-Medonte
July 16, 2002
5.
Application submitted
County of Simcoe
Official Plan Amendment
August 2002
6.
Peer Review of Technical Reports
May, 2002 to August 2003
7. County of Simcoe Corporate Services Committee Meeting January 15,2003
8.
Public Meeting
Township of Ora-Medonte
Official Plan Amendment
County of Simcoe
Official Plan Amendment
March 3, 2003
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5.0 PUBLlCIAGENCY COMMENTS
A number of comments have been received in regard to the development proposal for the subject
lands.
The following provides a summary of the comments received:
Simcoe County District School. Board February 18, 2003
The letter stated that Planning staff could not offer comments at this time as they require
more information about the proposal (i.e., phasing, type and size of residential units, and
the marketing program). They did however indicate that a clause should be inserted into
the Subdivision Agreement as follows:
.Purchasers, renters, lessees are warned that there are no schools planned within this
subdivision or within walking distance of it and that pupils may be accommodated in
temporary facilities and/or be directed to facilities outside the area."
Lake Simcoe Region Conservation Authority February 28, 2003
The authority indicated that they had no objections to the proposed residential and golf
course community and that they would deal with flood plain and setback issues through
site plan conditions
Simcoe Muskoka Catholic District School Board February 28, 2003
The school board stated that conditions for draft approval will require that the owner
include a clause in all offers of purchase and sale that advises prospective purchasers
that pupils from this development attending educational facilities operated by the Simcoe
Muskoka Catholic District School Board may be transported to or accommodated in
temporary facilities out of the neighbourhood. It also stated that the site plan should link
residential areas through sidewalks and walkways to provide connection to schools and
other community facilities.
Niagara Escarpment Commission March 4, 2003
The Commission has no comment as the site is not part of the Niagara Escarpment Plan.
Dave Morris March 5, 2003
While acknowledging that the project is in "Concept Stage: he has four concerns with the
project. First, amenities other than golfing are not available to possible future residents
and the Township does not have, nor ever will, have the funding to provide such facilities
(health care, libraries and shopping). Second, the sewer water used to irrigate the golf
course will undoubtedly carry fertilizers and poisons to Lake Simcoe, something that
would require money to remedy in the future. Third, the Harbourwood development
increased traffic and speed to dangerous levels for residents and this proposal only adds
more traffic, speed, and alcohol to local roads. Fourth and finally, the golf course
intrudes on current green space and does not protect that land for public use. He warns
the Township that the proposed "Housing development with a golf coursen will signal to
developers that lands in the area are open for development.
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Evelyn Perdue March 6, 2003
While appreciative of tne professional job done by the consultants at the meeting, she
has several concerns with the project. She believes the density of the site, especially
interior court units that are back-to-back with no yards, cannot preserve natural and rural
qualities of the area. Further, the developers should not be misleading the Township by
promising amenities that won't materialize and, not disclosing their true target market.
local seniors will not benefit from this proposal as the layouts are" not typical of the
Township. She feels the traffic projections made are not accurate as her experience is.
that a minimal impact is unlikely. The road is already busy throughout the week and no
alternative routes are available to shops and services, and many seniors avoid the
Highway at present in favour of the scenic drive on Ridge Road. lastly, she perceives a
growing fear in the community that the Official Plan is too easily subject to development
pressures with decisions "made in isolation of the overall goals of the Plan. She hopes for .
a complete and inspired discussion to achieve the best possible sQlution to create a real
asset for the Township.
Norman Shiffman March 8, 2003
Mr. Shiffman and his family have been a part-time resident of Balsam lane for a Jong
time. He is strongly concerned about the quantity and quality of his well water. In drier
conditions, he is unable to water his lawn for longer than five minutes and is seriously
concerned that he and his neighbours will not have enough water if the golf course is
permitted. The statement by Mr. Usher that water could be pumped from lake Simcoe
infers that a problem does exist. He wonders if the proponents have the needed permits
for such a task and what environmental effects will occur because of such an action.
Some of the chemicals used will undoubtedly end up in the lake and possibly in their well
which is strongly disconcerting to him. The number of units, including small apartment
buildings will change the rural nature of the community and bring more traffic to an
already dangerous area. He feels the development is better suited for the outskirts of an
urban centre and should be refused, as proposed.
Residents of Windfield Drive East March 16, 2003
This letter from a group of residents asks several questions about the proposed
development. On groundwater: who is responsible if problems arise with their wells or
the water table if development occurs (a major problem on a nearby course), how will
fertilizers and run-off be controlled and diverted from their properties and where will the
water treatment be located and what consequences will it bring? On increased
population: how will the trafftc increase be handled, is it realistic to have 386 units at 1500
to 2000 square feet here and are there plans for retail development nearby? On
Windfleld Drive East itself: how will their property values and taxes be affected, will the
cul-de-sac be opened to through traffic and proper "Dead End" signs erected, how will
increased golf traffic across Windfield Drive be managed, can the breezeway be
relocated, what types of homes are planned for existing vacant lots on the street, will only
electric golf carts be allowed to reduce noise pollution and how will garbage collection be
provided?
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Bev Parcells , March 18,2003
Ms. Parcells is in favour of the proposal and development should proceed provided that
intersection improvements at 5th line and Ridge Road be implemented (4-way stops and
realignment of the intersection to lessen the incline); road access should be moved
further from the trail and hill incline; rare flora be rroved to ensure. its survival; restricting
the use of cosmetic pesticides to follow expected Federal and Provincial guidelines and
no green located below Windfield Drive.
Rene Lipman
Mr. Lipman owns property at 105 Bramblefield and is affected by the proposed
development. He desires Notices of Hearings and Decision at his Toronto address.
Paul and Veronika Franchetto March 28, 2003
These residents are opposed to the proposed development and define it as urban sprawl
in their letter. They have environmental concerns with respect to the loss of wildlife
habitat, run-off from the golf course, and the water quality of Lake Simcoe. They also
have safety concerns with respect to traffic increase.
Andy Laansoo March 30, 2003
Mr. Andy Laansoo is a neighbour to the proposed development. He is also opposed to it
and indicates that it gives false promises in terms of employment. Mr. Andy Laansoo
indicates that although the consultant's traffic impact report indicates that no
improvements are necessary he feels that they are very much needed. He has concerns
with the water supply and utilities for the developme'1t. He forecasts that such will have
negative impacts on neighbouring wells and also states that infrastructure. in the area
should be improved. He recommends that the Township conserve the subject lands for
rural and agricultural purposes.
Kimbel Management April 4, 2003
This letter from Mr. Ray Bubel, a part-time resident of the area, and a realtor in Barrie,
commented that the development was a positive step for the Township. He described the
proposal as an excellent choice for the subject lands and added that it is similar in calibre
to those developments found in Florida.
Rick Stewart May 30, 2003
Mr. Stewart is concerned about the safety of his cul-de-sac, Windfield Drive, jf the road is
opened to through traffic. From the Council meeting, he feels that the Fire Department
wants a secondary road access if Ridge Road is blocked between the 4th and 5th Lines.
In reviewing incident plans for the last five years he could not fmd any time where access
was blocked on Ridge Road, and an opening through Windfield Drive would not help
because the trucks would still have nowhere to go. For him, necessary reconstruction
costs and the real risks posed to surrounding residents do not justify opening the road,
especially for a situation that mayor may not occur.
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T odd and Rhodell Ambeau June 2, 2003
The Ambeaus wrote stating they only learned of the May 21st meeting that day. They
purchased their home on Windfield Drive West on the understanding that it would never
be opened up. The inability of the Fire Department to identify Windfield from West
Windfleld is weak reasoning behind this project and is the root of their objection.
Alan P. McNair (Big Bay Point District Association Inc.) July 30,2003
Mr. McNair, writing on behalf of the Big Bay Point District Association Inc., indicates that
the County of Simcoe should refuse the UCCI application since it is not proposed to be
developed within an established settlement area. Mr. McNair indicates that Mthe County
should consider that residents of any age group could occupy any such dwelling over
time, not just a particular market segment that the developer is intending to target..
In addition, Mr. McNair indicates that the County should seriously consider the
implications of permitting the UCCI development in the Greenlands system and on the
urban structure of the County. Mr. McNair suggests that such communities should only
be permitted after a County-wide growth management exercise has been carried out.
6.0 PLANNING ISSUES
6.1 County of Simcoe Shoreline Planning Study
In January of 2002, Meridian Planning Consultants and Gartner lee Limited undertook the
preparation of a study on the role of the County of Simcoe in shoreline planning~. The study
resulted in the preparation of draft policies for the shoreline areas in the County, as the County
Official Plan does not contain specific policies on how the shoreline should be developed. The
study concluded that the County should encourage area municipalities to retain as much
remaining natural area along the shoreline in an undeveloped state to recognize environmental
features and the contribution the lands make to the character of the shoreline areas.
The proposed amendment would also:
· Require that all shoreline development areas be eventually serviced by municipal sewage
and water treatment systems;
· Require that applications for hotels, marinas, country recreational facilities, and similar
uses outside of settlement areas require an amendment to the local official plan that
demonstrates that the proposed satisfies the following conditions:
Conforms with a growth management strategy prepared by the municipality;
Will not have negative impact on the natural heritage features and functions in
the area;
Is compatible with the character and scale of development in the area;
Will not have a negative impact on the enjoyment and privacy of neighbouring
properties;
Can be serviced with an appropriate water supply and means of sewage
disposal;
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Will not have an impact on the quality and quantity of water in adjacent wells and
the adjacent waterbody.
Can be accessed by public roads that can accommodate the increased traffic
generated by the proposed use; and
Conforms to the goals and objectives of th~ Shoreline Section.
The draft shoreline policies also require that public access to the water be considered. Outside of
settlements, the approval of major development in shoreline areas is conditional upon the
provision of additional public access or be supported by evidence that adequate public access
exists (Amendment to the County of Simcoe Official Plan, Section 3.10.19).
At the present time, the proposed Amendment to the County of Simcoe Official Plan has yet to be
adopted by County Council. This means that it has no status as it applies to the application being
dealt with in the context of this report. .
1n a general sense, the proposed policies require that local municipalities determine, through the
preparation of Growth Management Studies, how much development should occur in the
shoreline area. A key component of such a review would be the method by which such
development would be serviced. Section 010 of the Township Official Plan already contains
clear direction on the shoreline area. The current Official Plan recognizes the level of the existing
development and does not predesignate large areas of land for additional development. In
addi~ion, the Official Plan requires that an assessment of the entire shoreline be carried out to
support the further inland expansion of any component of the shoreline area. This policy is
discussed in further detail in Section 6.3 of this report. .
As part of the Official Plan Review, the direction of the Township with respect to the shoreline
area has been confirmed, with only minor changes being made to the policies. On this basis, it is
my opinion that the Township has already implemented the proposed policies in the County of
Simcoe Official Plan. In addition, the Township recognizes that the larger natural areas located to
the rear of existing developed shoreline areas should be protected, given their general
unsuitability for development and the role they play in the Township's natural heritage system.
However, notwithstanding all of the above, the proposed shoreline policies at the County level
have yet to be finalized and there may be changes to those policies before the Plan is adopted
and following its adoption. On this basis, it would be premature to rely upon these policies to any
great extent in assessing the UCCI application.
6,2 Relationship between County and Township Official Plans
The policies in the Township of Oro-Medonte Official Plan respecting the development of Adult
lifestyle Communities were approved prior to the approval of the County of Simcoe Official Plan.
These Adult Lifestyle policies were originally approved by the Ministry of Municipal Affairs and
Housing.
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Section 3.5.4 of the County Official Plan clearly indicates that development is to be directed to
settlements, unless specifically provided for in the policies of the Official Plan. There is currently
no policy in the County Plan regarding the development of Adult Lifestyle communities outside of
the settlements. The County Plan also states that aI/local planning decisions shall conform with
the County of Simcoe Official Plan. This means that any Township decision on the application by
UCCI is required to conform to the upper tier plan. Given that the very policy that provides the
basis for cons.idering an Adult Lifestyle community in Oro-Medonte does not conform with the
County Official Plan, the approval of an Adult Lifestyle community in accordance with those same
Township policies would also not conform.
Notwithstanding the above, the County of Simcoe chose not to amend the Township of Oro-
Medonte Official Plan following the approval of the County Plan to ensure that both Plans were
consistent with each other. In addition, UCCI has submitted an application to amend the County
of Simcoe Official Plan to ensure that the proposed development can proceed. Given that such
an amendment application has been submitted, issues relating to the suitability and
appropriateness of permitting development outside of settlement areas will have to be addressed,
both at the local and County levels. This issue is addressed later on in this report.
6.3 Expansion of Shoreline Area
Section 010 of the current Oro-Medonte Official Plan indicates that major inland expansions of
the Shoreline designation shall not be considered unless a detailed review of the entire Shoreline
area designation is carried out as part of an Official Plan Review. This policy was included within
the Official Plan in 1995 to prohibit further inland expansions of the Shoreline development area,
as a result of concerns about environmental impacts, servicing and public access. The only form
of development that is currently permitted in the shoreline area is by Plan of Subdivision (only if
the lots front directly on the water) and through the process of infIlling.
Although UCCI has not applied to designate the subject lands Shoreline, it is my opinion that the
application by UCCI does constitute an expansion of the Shoreline development area. It is
recognized that the residential development area is set a considerable distance away from
existing shoreline development and is separated from such development by recreational uses in
the form of a golf course and other related facilities. To some extent, this mitigates any impacts
on the existing community, however, the development continues to constitute an expansion to the
developed area.
The proponent has indicated that there are no other suitable locations along the entire shoreline
of Lake Simcoe in the Township of Oro-Medonte for the proposed use. F actors cited by the
applicant include the large size of the parcel needed for the use, the nature of the topographical
and other features on the site and its proximity to the City of Barrie, which is one of the
proponents' target markets. In addition, the proponent indicates that the policies of the Adult
lifestyle Community designation provides for the consideration of these types of communities
anywhere within the Rural designation, even if the designation is located adjacent to the
Shoreline designation.
;::~~~;~:o~~~~~ Application ()MI.R~!
Page 14
August 8, 2003
f~3~
On the basis of a review of the entire shoreline area, it is apparent that there are potentially a
number of other sites that could accommodate the type of deveiopment envisioned by the
proponent. Some of these sites may require property consolidations to ensure that enough land
was available for the use. A comparison of the relative suitability of the subject site and other
potential sites in the shoreline area has not been carried out. The proponent continues to
maintain that the subject site is the most appropriate and is supported by the appropriate
technical justification.
It is my opinion that if the proposed development was comprised of a typical residential plan of
subdivision that was marketed to all age groups, and was of the scale proposed, there would be
no justification for siting such a development on this property or in any other location adjacent to
the existing Shoreline designation. However, the policies in the Official Plan that provide for the
development of Adult lifestyle communities override, in my opinion, the consideration of the
suitability of expanding the Shoreline designation onto lands which are not currently so
designated.
6.4 Official Plan Criteria
Section H4 of the Township approved Official Plan establishes the principle of developing an
Adult lifestyle Community in the Rural designation subject to fulfilling a number of criteria and
obtaining the approval of an Official Plan Amendment. This policy was written at a time when a
number of landowners throughout Simcoe County were considering the development of such
communities to meet anticipated demand. In order to provide the appropriate policy context for
the consideration of these types of developments, Section H4 was included within the Official
Plan.
The intent of Section H4 of the Official Plan is to "recognize the need to consider the development
of self-contained communities that are designed for an aging population." The policy further
indicates that an Adult Lifestyle Community is "a self-contained community that serves the special
needs of healthy. active and older people and which is designed to provide a safe secure and low
maintenance environment to those people who have generally retired from active wOrking life."
In the case of the subject proposal, it would appear that it does fall within the definition of an Adult
Lifestyle Community.
Section H4.4 of the Official Plan sets out the criteria under which such communities are to be
considered in the Township of Oro-Medonte. A review of these criteria and our assessment of
whether they have been met or not is below.
a) The development will have little or no impact on nearby agricultural operations.
On the basis of the review of the application, it is my opinion that the development will
have little impact on nearby operations, primarily because the proposal is located on
lands to the south of Ridge Road where agricultural uses are limited. However, the
development will create additional traffic on both the 4th and 5th lines to Highway 11.
Both of these roads are used by agricultural vehicles and there may be some minor
conflicts between the increased traffic and farm vehicles. However, the impact is
considered to be minor.
Planning Report on UCCI Application n.
~~;;,::~~ ~; Ora-Medonte UJ N$.ID1AH
Page 15
August 8, 2003
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b) The site is to be accessed by municipal roads that can accommodate the increased
traffic generated by the Adult Lifestyle Community.
The site will be accessed by both the 4th and 5th Lines. While both roads can
accommodate the increased traffic, improvements to both will be required as a result of
the development. The nature and timing of these improvements can be determined at
the condominium/site plan/ zoning stage of the approval procesS. However, it should be
noted that improvements will be required at the 5th line/County Road 20 intersection,
which is less than ideal for safety purposes at the present time.
Both the 4th and 5th lines access Highway 11. However, the 4th Line does not provide.
access to the west bound/south bound lanes from the property. The 5th line does
provide access to the both sides of Highway 11 via an overpass. The Province of Ontario
has indicated that it has initiated a process of reviewing a multitude of options with
respect to the upgrading of Highway 11 over time. Given that Highway 11 is limited
access highway and is expected to experience increased traffic volumes in the future,
the establishment of a controlled access six-lane freeway in the area is considered to be
somewhat of a priority by the Ministry of Transportation. As part of the route planning
process, a number of decisions will need to be made on the location of interchanges.
While the Ministry of Transportation has essenti.ally confirmed to date that there will be an
interchange at the th Line/Highway 11 intersection, no other .commitments. have been
made. On this basis, it is possible that both the 4th and 5th lines will not have
Interchanges with Highway 11 in the future as it is improved. It should be noted that
improvements to the highway will only be commenced in the 5 to 15 years.
While lack of access in the future to Highway 11 is certainly a planning issue. the
absence of a concrete plan to improve Highway 11 makes it difficult to determine what
impact the changes to Highway 11 will have on traffic patterns in the area and what
impact the proposed development, if constructed, will have on traffic patterns in relation
to Highway 11. At this point, we can only speculate.
On the basis of the review of the Highway 11 corridor, it is my opinion that there will
probably be a need for at least one interchange between the 3rd line and the ih line.
The 6h Line is discounted as a result of the absence of any development at the
intersection. As a result, it is my opinion that there will be an interchange either at the 3rd
4th or 5th Lines in the future. On this basis, access to Highway 11 should be available for
the proposed development.
It is anticipated that some of the residents of the Adult Lifestyle Community will use Ridge
Road to access the City of Barrie. This road is currently a County Road and is
considered to be relatively busy by many residents in the area. In a letter dated March 3,
2003 from the County, it is indicated the staff is in general agreement with the findings of
the traffic analysis carried out by the applicant. However, a 60 metre long right turn land
for eastbound traffic on Ridge Road at the 5th Line will be required.
~~~::~~:o~~~~~ Application ()M.t~!
Page 16
August 8, 2003
. .
c) The increased traffic generated by the community has little or no impact on
adjacent or developed areas
Almost all of the traffic accessing the proposed development will use either the 4th or 5th
Lines to a new road which will extend across the property between the two concession
roads. The clubhouse for the proposed golf course wi~l.also be located on this new east-
west road. This means that traffic accessing the development site will not need to travel
through existing residential development areas along the shoreline.
However, there will be an increase in traffic on the 5th Line and particularly at the
intersection of 5th Line and County Road 20, where a number of existing residences are
currently located. It is anticipated that improvements to the County Road 20/5th Line
intersection will be required. Improvements to both the 4th and 5th lines will also be
required, but will only be dealt with site plan/condominium/zoning stage. if the
development application is approved.
It is noted that a number of residents have expressed concerns about increased traffic on
Ridge Road (which is a County Road) and on other shoreline roads in the area,
particularly Windfield Drive. As noted above, it is anticipated that improvements to the
County Road 20/5th Line intersection will be required.
With respect to Wind field Drive, it is not anticipated that much traffic will utilize Windfield
Drive to access the proposed development, primarily because no access to Windfield
Drive is being proposed. There may be a marginal increase in traffic resulting from those
living at the community taking the 'long way home' or sight-seeing in the area. However,
this impact is expected to be minimal. With resped to Windfield Drive itself. it is my
opinion that it would be in the public interest to connect the two portions of Windfield
Drive, even if the UCCI application was not on the table for consideration. The primary
reason for supporting the connection is to ensure that all shoreline areas are supported
by roads parallel to the shoreline which connect concession roads. There are a number
of existing circumstances in the shoreline where this does not occur which makes it
difficult, in some case for emergency vehicles to access properties.
On the basis of the above it is my opinion that this criteria has been satisfied.
d) The development can be designed and sited to blend in with the rural
surroundings
The Official Plan contains a number of policies that are intended to protect and enhance
the rur~1 character of the Township. The proposed development has two major
components - housing and recreational. The housing component will occupy
approximately 36% of the property, while the recreational and other open space
components will occupy the remaining area. The gross residential density on the
property is estimated to be 3.1 units per hectare.
Planning Report on UCCI Application ilJ
;~:;:.~: ~; Ora-Medon'. LP~lQMH
Page 17
August 8, 2003
It is my opinion that the open space nature of the golf course component will assist in
ensuring that the development can be blended into the rural surroundings. In addition, as
most of the development is separated from existing residential development to the south
by the proposed golf course, the area immediately located adjacent to existing developed
areas will continue to maintain an open space character.
Notwithstanding the above, there are two locations on the property where housing will be
located relatively close to the 4th and 5th Lines. In these areas, it is recommended that
the residential development be buffered from both the 4th and 5th lines by a naturalized
setback area of no less than 20 metres, which would be left in a natural state or
enhanced as appropriate. In addition, it is also recommended that the height of the
dwellings be capped to provide for the development of 1 to 1.5 storey buildings. This cap
would be included within the implementing zoning by-law. Ensuring that the height is
limited will further ensure that the open space and low density character of the area is
maintained.
A number of residents have commented that the scale of the proposed development is
not compatible with the existing pattern of development in the shoreline area and the
rural area generally. There is no question that the 339 unit development will be the
largest comprehensively planned development in the shoreline area of the Township of
Oro-Medonte. In addition, the development will effectively be the largest expansion of
the shoreline area in the last 20 to 30 years.
However, it should be noted that the shoreline area is currently very intensely developed
along almost its entire length between the Cities of Barrie and Orillia. In some cases,
there are multiple tiers of development extending inland from the lake. As a result, the
scale of the proposed development on the UCCI lands is consistent with the general
scale by the scale of existing development that exists in the shoreline area.
To a certain extent, the scale of the proposed development is mitigated by the location of
a golf course between the housing component and the existing developed area. It is my
opinion that this will ensure that the new development area is as compatible with existing
developed areas to the south. It should be noted that many of the lots located directly to
the south of the UCCI development are currently vacant. If the golf course was located
on the northern portion of the property and the housing located on the south, it could be
argued that the form and density of the proposed development is not compatible with the
existing shoreline development areas.
On the basis of the above, it is my opinion that this criteria has been satisfied, subject to
a number of conditions which are discussed later in this report.
e) The development will not have a negative impact on the natural heritage system.
Gartner Lee Limited was retained by UCCI Consolidated Companies, Inc. to support the
application. Their May 2003 report describes the ecological and physical characteristics
of the property, as well as their functions and significance. Included in this document are
recommendations on mitigating the impacts created by construction and operation of the
development.
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
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Page 18
August 8, 2003
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Existing site characteristics are described in great detail in this report. Soils are generally
dense to very dense, which allows for more water to be held in the soil but also shields
the water table from vertical contamination. This density is also found below the aquifer
which results in a low water table which nearly reaches the surface in April. Groundwater
flows towards Lake Simcoe but does not recharge the table significantly due to the low
permeability of the soils. The aquifer located underneath the site is confirmed as a
sustainable source of potable water.
Nearby private wells reported a drawdown of 1.16 metres at 90 metres of the test well
and 0.12 m at 645 metres, meaning that lowering pumps in closer wells may be
necessary. Quality testin9 revealed generally good groundwater conditions across the
site with low nitrate counts, as well as that the shallow aquifer contributes to deeper
groundwater recharge. Elevated sodium and chloride levels exist near the Ridge Road
due to road salting. Treatment for the use of one, two or three wells (the test well being
one of those three potential wells) can occur at source or a central location before
entering the forcemain servicing the site. Gartner Lee reports that there is enough water
from a supply standpoint and the key goal of the project is to reasonably capture this
water without affecting neighbouring water supplies. At the time of writing this report the
County, through Jagger Hims. does not agree with this contention and requires
that further work be carried out.
Faunal and floral invesHgations were also conducted. Most of the site was likely
cultivated or grazed by livestock resulting in considerable amounts of early successional
thicket, while considerable pockets of mature forest also exist. Many overgrown vehicle
tracks cross the site. Field investigations found 254 plant species (roughly 25% non-
native), including one Regionally Significant Species, the Pale-Spiked Lobelia. Sixty-five
bird species were noted, of which over 50 exhibited behaviour typical of those found at
breeding sites, and 6 species of amphibians and several breeding sites are found on site.
Incidental observations of mammals and butterflies were recorded, but trapping would be
required to accurately determine the number of species.
Gartner Lee reports that wetlands on the site are not large enough to warrant Provincial
evaluation of significance, but would add to the wildlife diversity of the site. The County
of Simcoe Greenlands designation covers most of the site and encompasses a 5
kilometre belt of woodland habitat and mature mixed forest stands in the area. The site is
not a deer concentration area, despite their presence in some thicket communities. The
Environmental Protection 2 (EP2) Designation of the Township Official Plan covers two-
thirds of the site. Two areas of significant vegetation cover exist at the northwest and
southwestern edges of the property.
The intermittent water flow and steep gradients of the upstream portion of the unnamed
tributary severely limit fish habitat potential, as witnessed through several dead fish found
in refuge pools near Lake Simcoe. The shoreline of the stream is consistent across the
property in terms of its gentle slope and sand bottom with established vegetation, except
for the cobble bottom near the 5th Une. No significant or unique physical or habitat
features were observed on the property.
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
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Page 19
August8,2003
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Gartner lee is of the view that this proposal is ecologically and hydrologically sound and
makes the following recommendations.
· A second test well needs to be drilled to find an additional water source removed
from neighbouring wells.
· A maintenance plan is needed to address water conservation and quality
protection, turf management, trail location and habitat creation and protection.
· Forest edge management plans should be created to mitigate pressures on on-
site woodlots adjacent to the development.
· The rare plants should be relocated to another site and could be included as a
Condition of Draft Plan Approval.
· Pond inclusion and forest preservation can retain amphibian and bird breeding
habitat.
· 25% of existing vegetation cover should be protected through sensitive design
tactics.
· A Tributary Corridor shall be established to prohibit physical intrusion by the golf
course.
· Pipeline installation will require a detailed fish habitat assessment and
mitigation/compensation package to satisfy conservation and federal agencies.
· A formal pump test is required for a Permit to Take Water.
At the time of the writing of this report, it is my understanding that the County requires
some additional information to complete their assessment of environmental impact.
f) The scale of the community, if located adjacent to or close proximity to existing
residential uses, is consistent with the scale and character of the existing
residential area
This criteria was included within the Official Plan in anticipation of the development of a
large scale Adult lifestyle Community adjacent to existing residential areas. The intent of
the criteria was to ensure that the Adult Lifestyle Community was designed in a manner
that would reduce the impact of the proposed use on existing and long established
residential uses.
In this case, the proposed development has been designed in such a manner so as to
buffer much of the existing residential area by open space uses and by concentrating
residential uses through the centre and northern portions of the subject property. In
addition, traffic from the proposed development will head north and not through existing
neighbourhoods along the shoreline.
Planning Report on UCCI Application
Township of Oro-Medonle
Prepared by
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Page 20
August8,2003
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In terms of scale, the proposed Adult lifestyle Community is consistent, in general, with
the scale of shoreline development, which stretches from the Barrie City limits to almost
the City of Orillia. Within this area are thousands of dwellings units on lots of varying size
and with homes of different vintages. Within the immediate area, on both sides of
Windfield Drive, are a number of large estate type lots, most of which are un-developed.
The proposed development is considered to be compatible with these large estate type
lots, as a result of the large expanse of open space separating the lots from the proposed
housing. In addition, the existing vacant lots on Windfield Drive are heavily treed,
meaning that trees will be retained at the rear of each of the lots in any event.
On the basis of the above, it is my opinion that the UCCI development conforms with this
criteria.
6.5 Assessment of Need
Section H4.5 of the Township Official Plan indicates that any application to amend the Official
Plan to permit the development of an Adult Lifestyle Community shall be supported by:
· An assessment of the number of units approved but not yet occupied in similar
developments in the County of Simcoe and the Greater Toronto Area; and,
. An assessment of the market for the proposed development given the existing supply of
similar units in the County of Simcoe and the Greater Toronto Area.
Such an assessment was carried out by Clayton Research Associates who were retained by
UCCI Consolidated Companies Inc. to prepare a report, which was received by the Township on
May 3, 2002. The intent of the report was to assess the market opportunity for the development.
According to Clayton, the Greater Toronto Area is the largest source of buyers of adult lifestyle
community homes. Increased choice within the GT A is attracting buyers who may not have
considered moving into such communities, signified by 3,400 new such units being created
between 1996 and 2001. This rate was double the rate experienced during the recession years
between 1991 and 1996. Simcoe County accounted for the highest demand for new housing for
couples over 55 without children by anyone region within the GT A during the 1991 to 1996
period. With current demographic trends indicating an older population demanding a variety of
housing options, it is projected by Clayton that roughly 600 new, ground-oriented homes in adult
lifestyle communities in southern Ontario will be needed annually by 2011. Apartment and
retirement home beds usually do not materialize in demand until several years into the
development of a community.
The report highlights many of the positive attributes the site offers toward adult lifestyle
community living, such as its proximity to urban amenities, recreational opportunities and its
natural setting in a less urban location. The inclusion of the golf course provides a marketing
advantage as few adult lifestyle communities have neither fully integrated golf courses nor golf
course views. It is expected that the major competition for the community will come from Briar
Hill (New Tecumseth), Ballantrae Golf and Country Club (Whitchurch-Stouffville) and Newport in
Collingwood.
Planning Report on UCCI Application ()
Township of Oro-Medonte I. .. .... m.!illAH
Prepared by
Page 21
August 8, 2003
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It is predicted that, as a result of site attributes and known and potential future competition, 5.0 to
7.5 percent of the market would be captured by the proposed development on the UCCI lands.
This is a lower target than what has been achieved so far in Briar Hill and Ballantrae. and many
current communities are expected to be at full occupancy during this time frame. DE;mand is
expected to increase, even under the most conservative estimates, by 25 to 50 units each year
until 2011 in a market that continues to evolve.
In response to the Clayton Report, I prepared a letter dated May 5. 2003 which indicated that I
had some concerns about the estimate in the Clayton Report that the proposal on the subject
property would capture between 5% and 7.5% of the market. I indicated that "there is no basis or
justification in the report for establishing this market share. It is submitted that almost every Adult
Lifestyle Community proposed in recent years has some amenity which makes it desirable to
potential purchasers. Relying on the location of such an amenity to determine potential market
share is therefore problematic." I also indicated that I had some concerns about the control of the
occupancy of the dwelling units and the proposal's lack of conformity with the Provincial Policy
Statement and the County of Simcoe Official Plan, which generally direct development to
settlement areas.
In response to my May 5, 2003 letter. Clayton Research responded in a letter of their own dated
May 20, 2003. Mr. Felgaier of Clayton indicated he is surprised some of these issues are being
raised one year after the reports were submitted to the Township and would like clarification as to
what capacity Nick McDonald is raising these issues (planner. peer reviewer or otherwise).
With regard to reliance on amenity location as determining market share (paragraph4 of May 5
letter), Mr. Feldgaier believes their approach is justified. With the known demand from GTA
buyers, higher market share capture of newer communities, .increased demand being captured by
communities with golf courses, Simcoe County traditionally catching higher market shares than
east of west of the GT A, the lack of development at approved sites for a multitude of reasons and
the eagerness to develop at others, Mr. Feldgaier believes there is sufficient demand to support
several new communities over the next few years.
With regard to long term. occupancy (paragraph 6 of May 5 letter), the experience of Clayton
Research is that adult lifestyle communities continue to attract older couples without children. A
few communities have become more conventional as a result of a conscious decision by the
developer to shift marketing and design practices. Despite a sizable percentage of unit resales,
very few, if any, children are moving into these communities.
The initial Clayton Report and the May 20, 2003 letter response was peer reviewed by Hemson
Consulting on behalf of the Township of Oro-Medonte. Their letter is dated August 6,2003 and it
is attached to this report. In their letter they indicate that:
"We would agree that market opportunity likely exists for the subject community. We
have a major concem, however, with using this conclusion to imply that there is a need to
approve this type of development in the Township of Oro-Medonte. In our view, the
Clayton Report does not address the question of need. It serves the single, and in our
view quite narrow, purpose of attempting to establish that market opportunity likely
exists."
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
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Page 22
August 8, 2003
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Hemson further indicates that there are opportunities in the current market for virtually any type of
ground related, residential development in southern Simcoe County, particularly so close to the
rapidly growing City of Barrie. In essence, Hemson is indicating that it is an easy case to make
that a market exists.
Hemson further notes that the identification of a potential market should not drive the approval
process. Instead, other planning related factors such as location, impacts and compatibility
should be considered. Hemson also' indicates that they have some concerns about the long term
occupancy pattern in such a development and comments that the possibility exists for the
community to be occupied by families with children in the long term.
In addition, Hemson also notes that there is a current supply of about 3,460 dwelling units in the
Township, which translates into 28 years of supply, based on the development of an average of
120 new units per year. This information was provided to Hemson by Meridian Planning
Consultants, who carried out an up to date analysis of the existing supply situation in the
Township of Oro-Medonte.
lastly, Hemson notes that it is their opinion that an Adult lifestyle development should be
considered and reviewed much like any other typical residential development in the municipality.
It is their view that if the review of the UCCI proposal was carried out in this manner, there would
be little justification for developing the use in the location proposed. It is indicated by Hemson
that "in our opinion, applications like this - and others across Simcoe County proposing
development outside designated settlement areas - may in fact be an attempt to circumvent the
normal approval process using the Township's Official Plan policies regarding Adult Lifestyle
communities.' It is on this basis that they recommend that the Adult Lifestyle policies be deleted
from the new Official Plan.
I concur with this recommendation and have already recommended to Council that these policies
be deleted for many of the reasons outlined in the Hemson letter dated August 6, 2003.
In my opinion, there is no question that the policies in the current Official Plan both anticipate and
provide for the development of Adult Lifestyle communities in the Rural designation. These
policies were added to the Plan to provide Council with the criteria required to assess such
applications, because they were anticipated during the planning period. The other option at the
time would have been to be silent on the issue and then deal with such applications on a case by
case basis. It is my opinion that if the Official Plan was silent on the development of Adult
Lifestyle communities, an application to develop the subject site would probably not have been
submitted and if one was submitted, it could not be recommended for approval given the other
policies in the Official Plan that attempt to direct development to existing settlement areas.
Section H4.5 of the current OffIcial Plan outlines the information that is required to be submitted in
support of an application for the development of an Adult lifestyle community. The information
required includes an assessment of the number units approved but not yet occupied and an
assessment of the market for the proposed development. The policies do not indicate that
Council shall be satisfied that the market exists or that there is not an over supply of such units
within the municipality and other jurisdictions. Rather, the policies require that information on
these two issues be provided to Council for their consideration.
;~~:~~ ~T;:~~~;.~APp'icalion (J~JUPJAU
Page 23
August 8, 2003
\ l.P e - lof1
On the basis of my review of all of the Clayton/Hemson materials, it is clear that there is a market
for the proposed development in the Greater Toronto Area/Simcoe County. However, there.
appears to be some debate on how many units are available in other developments and
development proposals, and which may compete in theory with the proposed development on the
UCCllands.
Clayton is of the view, in a general sense, that the market will determine which community is
successful and which ones are less successful. To a certain extent, I agree with this contention
and am of the view that some communities may not proceed because of the lack of an amenity or
the inability of a developer to properly markeVdevelop such a product. Some of the communities
proposed within the County of Simcoe may fall into this category over the long term. On this
basis, it is difficult to carry out a relative assessment of all of the other approved and in process
communities to determine whether the community proposed on the UCCllands will be successful
or not.
On the basis of the above, it is my opinion that the information requirements set out in Section
H4.5 have been satisfied. In addition, it is my opinion that the locational criteria setout in Section
H4.4 are the criteria that need to be considered by Council to determine whether the project is
suitable or not. Areview of these criteria is contained within Section 6.4 of this report. .
Notwithstanding the above, I continue to have concerns about the long term occupancy and use
of the dwelling units on the property, particularly on the provision of services by the Township.
On this basis, it is recommended that, if the Township approves the development, a number of
conditions be included to ensure that the units are occupied by those aged 50+. These
conditions include:
. Restricting the height of the dwelling units to 1 to 1.5 storeys;
. Requiring a demographic analysis of the occupants following the occupancy of the first
100 dwelling units;
. Requiring that the golf course component and certain other recreational amenities are
developed early in the development program; and
. Setting aside land on the property that would be dedicated to the municipality as
parkland.
With respect to the latter condition, acquiring parkland will ensure that lands are available for
public use in the area in the future if the occupancy of the development evolves over time. In
addition, it also provides the Township with an opportunity to further enhance and develop the rail
trail which runs along the northern boundary of a portion of the subject lands. On this basis, it is
suggested that parkland be located at the north-east corner of the property, where the 5th Line
crosses the rail trail.
~;;:.; ~~::~~~~APPlication () ~lQ!AM
Page 24
August 8, 2003
\LY f -y~
6.6 Fiscal Impact
Clayton Research was also retained by UCCI Consolidated Companies, Inc. to prepare a Fiscal
Impact Analysis which was received on May 3, 2002 by the Township. The report draws
estimates of revenue and expenditure impacts for the .Township if the development was
approved.
The firm projects an increase of $228,000 annually in new property revenues, based upon 2000
property tax rates. The increase to the taxable assessment amounts to $66.8 million, based upon
local market conditions and assessments in neighbouring municipalities. Revenues from other
sources, such as license and permit fees but not building permit fees, is projected to be $52,000
based upon the 2000 proportion of such revenues in the Township. Therefore, the overall .
increase in annual revenues is expected to be $340,200.
Impacts on average costs were determined through an average cost methodology that assumes
an extension of costs paid by existing properties into the new development. Annual expenditure
increases were calculated using the non-residential assessment and population within the
proposed development. Additional expenditures are expected to reach $206,500, based upon
1996 Census Data, the proportion of costs applied per resident and per $1000 of non-residential
assessments and the costs per kilometre of road maintenance reported in the Township Financial
Information Return. The report repeatedly alerts the Township to a possible overestimation of this
estimate due to existing service capacity and administrative economies of scale. As a result, the
report con~ludes this development will add an annual $133,700 surplus to the Township.
One time fees were determined using 2002 fee and permit schedules. The Township should
expect nearly $1.45 million in development charges, plus a further $295,000 in building permit
fees. The School Boards should expect $410,000 in development charges while adding virtually
zero new pupils to County Schools. Construction of the site is projected to add 375 person-years
of employment to Simcoe County, plus 325 person-years of indirectly generated employment.
Twenty persons would likely be hired in the clubhouse, plus some additional employment to serve
the condominium corporation.
County and School Board impacts are not contained in this report. Data sources are the
Township of Oro-Medonte, Census of Canada and the research library of Clayton Research.
The Fiscal Impact Analysis was not peer reviewed by the Municipality. On this basis, I have no
comments on the surplus estimated by Clayton Research. To a large extent, the amount of the
surplus is very much dependent on the occupancy of the dwelling units. If younger families are
attracted to the property in the future, there will be an increased demand for services. With
respect to the one time fees and charges, I can report that the figures mentioned in the report
appear to be relatively accurate with respect to development charges and building permit fees.
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
(lM!~~B
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Page 25
August 8, 2003
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6.7 Servicing Issues
The Jones Consulting Group was retained by UCCI Consolidated Companies, Inc, to support the
servicing aspects of the development. The May 2003 report outlines the servicing
recommendations for the golf course and residential development. These recommendations
incl~de communal private services for sewage, water, stormwater management and roads.
Development will be phased proportionally to their target recreational market.
Wastewater is proposed to be treated at a central facility within the community and transported
there through gravity sewers. The system will be designed to handle a peak flow (MDF) of just
over 1353 cubic metres. Sewers will include manhole structures and hook-ups in accordance
with Township standards, however the minimum sewer depth of 1.5 metres is proposed.
The treatment system preferred is marketed by Zenor and called ZenoGem@. This technology .
uses a process that reduces the volume of sludge produced. Tanks on site will hold the sludge.
or arrangements will be made for hauling tolandf,II or for land application. The system can be
monitored from off-site and only routine maintenance, cleaning and alarm response is needed on-
site. Spray irrigation in conjunction with the golf course is recommended foretfluent disposal.
Direct discharge to lake Simcoe is discouraged and subsurface discharge is undesirable due to
compact soils and the scale of the project. Storage ponds are incorporated into the proposal to
hold effluent produced in the winter months.
To meet average and peak daily demands. water needs to be provided at the rate of 11.038 litres
per second. Fire flow is conservatively estimated to be 38 litres per second for two hours.
Storage needs on site are predicted to be 640 cubiC metres. The detailed design stage shall yield
the necessary size and location of water mains. Upon location of an adequate supply. it is
recommended that two to three separate wells be constructed, with three wells being able to
meet the maximum daily demand with one well remaining largely out of service. Treatment and
quality requirements would be established during the final well testing program. A test well was
drilled just west of the 5th Line, south of the former CNR line. It yielded 5.3 litres per second with
indications of more water being available to a maximum of 11.03 litres per second.
Stormwater management to be addressed by the drainage plan include quantity control, quality
control, slope stability protection and environmental protection. A 15 metre top of valley wall
buffer shall be used between streams and development and a future EIS will identify land use
development restrictions to preserve natural environmental and drainage features. Conservation
of existing site features, such as woodlots and topography, shall intercept precipitation and runoff.
Drainage infrastructure shall conform to the dual drainage principle. The minor systems shall
consist of roadside swales that can contain a five year storm, plus a major system using the road
network to divert overflow from the minor system to outlets consistent with site topography.
These systems shall eventually flow into one of three Stormwater Management Facilities
proposed on site, where water can be stored, sediment can be trapped and nutrients absorbed to
Ministry of the Environment Level 1 Protection.
;:;;;;~:~~e~~~~ Application ()tl!.R~M
Page 26
August 8, 2003
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It should be noted that the Township will be required to enter into responsibility agreements with
the proponent for both the communal sewage and communal water systems. This means that
the Township will be responsible for these system, in the event the o~ner of these system cannot
maintain them in accordance with Ministry of the Environment regulations/guidelines or if the
owner is not able or unwilling to continue providing the services, Such a responsibility agreement
typically requires the depositing of funds with the Towns'hip to ensure the Township is able, if
required, to repair/upgrade these systems in the future. In addition, the Condominium
Corporation would also be required to establish a reserve fund which would inevitably have
enough money to replace the system. The details of the responsibility agreement will need to be
worked out in advance of any of the final approvals being given.
If the Township felt that it would be inappropriate to enter into a responsibility agreement with the
owner, no court nor the Ontario Municipal Board can force the Municipality to enter into the
agreement. As a result, Council should carefully consider the implications of the approval that is
being sought on the future provision of services on the property.
6.8 Design
In addition to requiring a park block adjacent to the rail trail, it is my opinion that the golf course
design should be reviewed as a condition of OPA approval to ensure that the probability is
extremely low that golf balls will land either on public roads and/or residential lots. In addition,
some thought should be given to the method by which golf carts will cross Windfield Drive and
how the Municipality will be absolved of any liability if issues arise on the public right-of-way as a
result of the operation of a golf cart.
7.0 RECOMMENDATIONS
As Council will recall, the intent of this report is to assess whether the principle of developing an
Adult lifestyle Community and a golf course should be established on the subject lands. It is my
opinion that the applicants have supplied enough supporting information on water supply, sewage
disposal, traffic impacts, design and environmental impacts to allow for a fairly complete
assessment of whether establishing the principle of development is appropriate. On the basis of
a review of these reports, It appears as if there is a strong likelihood that the:
. lands can be supplied with an adequate amount of potable water;
. lands can be serviced by a sewage treatment system that is designed to current
standards;
· traffic impacts will be minimal; and,
. design of the development will generally be compatible with the rural area and
surrounding development.
It is recognized that much additional technical work needs to be done, particularly with water and
sewage servicing. The applicant has indicated that this additional work will be very costly to
undertake and instead of carrying out this work now, wishes to know what the local and County
Council's decisions will be on the applications to amend the two Official Plans. It is my opinion
that this is an appropriate request.
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
n
(J MJ~.IDlAH
Page 27
August 8, 2003
\lo p-t]~
With respect to the market for the development and the need for the development, it is my opinion
and the opinion of Hemson Consulting that the applicant has proved there is a market for the
proposed development. However, the applicant has not proven that there is a need for the
proposed development in this location. As a result, the decision then becomes whether the use is
appropriate in the location proposed and -can be designed in a manner that minimizes impacts on
the environment and neighbouring land uses. On the basis of a review of the loeational criteria
set out in Section H4.4 of the Township of Oro-Medonte Official Plan, it is my opinion that the
application generally conforms with these locational criteria, provided a number of conditions are
fulfilled. .
If Planning Advisory Committee and ultimately Council agrees with my assessment, it is
recommended that an Official Plan Amendment be prepared for Council's consideration at a
future meeting. It is my opinion that it would be premature to prepare a comprehensive
amendment until Council makes a decision on the principle of development.
If Council is in support of the principle of development, and agrees with my planning assessment,
it is recommended that the lands be placed in a site specific Rural designation which would
permit the development of an Adult lifestyle community and associated recreational amenities. I
prefer this approach, since the Adult Lifestyle policy in the Official Plan is being deleted and there
is no anticipation that additional lands in the Rural area will be designated as such during the
planning period.
It is further my recommendation that the Amendment contain policies that require that: .
1. All residential development be limited to 1 to 1.5 storeys in height;
2. A demographic analysis of the occupants of the dwellings be carried out after the first 100
dwellings are occupied and after the second 100 dwellings are occupied;
3. All matters relating to water supply and sewage disposal are investigated and approved
in principle by the Township before any additional approvals are given;
4. A monitoring program be established to firstly develop base line conditions in down
gradient wells and then to assess over time, the impacts of the proposed development on
these wells;
5. A golf course/turf management plan be prepared to document how the golf course will be
operated from an environmental perspective and to set in place procedures that minimize
the use of fertilizers, herbicides and pesticides to reduce the likelihood of any impacts on
down gradient wells.
6. Twenty-five percent of the site be retained in its natural state as per the
recommendations of Gartner Lee limited;
7. All of the recommendations contained within Section 7.2 of the Gartner lee report be
implemented;
~::~~~ ~T;~O~e~~~~ Appl~tion () t!.tR.!Q!a~
Page 28
August 8, 2003
8. A golf course impact assessment be carried out to prove that the design of the golf
course will not have impacts on adjacent public roads and residential uses;
9. An assessment of the means by which golf carts will cross public roads is carried out
'before the construction of the golf course is initiated;
10. No more than 100 dwelling units are occupied in advance of the completion of the golf
course on the lands;
11. A 20 metre setback, which shall be in the form of appropriate landscaping, separate
residential uses from both the 4th and 5th Lines; and,
12. An appropriate amount of parkland be dedicated at the north-east corner of the site to be
integrated into the rail trail system in Oro-Medonte.
8.0 RESOLUTION
On the basis of the above, it is recommended that Planning Advisory Committee recommend to
Council that:
· This report be received;
. That the principle of establishing an Adult Lifestyle community and associated golf course
be established through the adoption of an Official Plan Amendment in accordance with
the conditions set out in Section 7.0 of the Meridian Planning Consultants Report.
Planning Report on UCCI Application
Township of Oro-Medonte
Prepared by
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Page 29
August 8, 2003
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Planning Report
Proposed Golf Course
Residential Community
by Ucci Consolidated Companies Inc.
Lots 27 and 28, Concession 5
Township of Oro-Medonte, County of Simcoe
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PlANNERS, ENGINEERS
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T ABLE OF CONTENTS
1..0 I NT ROD U CT ION ............."........ ""...... ......................... ........ ................... ........................... ............."...... .......................... 1
1.1 THE DEVELOPMENT CONCEPT .................................................................................. 1
1.2 BACKGROUND ON UCCI CONSOLIDATED COMPANIES INC. .......................................... 2
1.3 LOCATION AND DESCRIPTION OF SITE AREA .............................................................. 2
2.0 CURRENT POLICY CONTEXT ........................................................................................~. 3
2.1 TOWNSHIP OF ORo-MEDONTE OFFICIAL PLAN POLICIES ............................................ 3
2.1.1 Permitted Uses: Rural.................................................................................3
2.1.2 Permitted Uses: Open Space ..................................................................... 3
2.1.3 Development Policies ..................................................................................4
2.1.4 Provisions Related to the EP-2 Overlay...................................................... 4
2.1.5 Permitted Uses In EP-2 ............................................................................... 4
2.1.6 Section H-4 - Adult Lifestyle Communities .................................................. 4
2.2 ZONING ..................................................................... ........................ ...................... 5
2.3 COUNTY OF SIMCOE OFFICIAL PLAN POLICIES ........................................................... 6
2.3.1 County of Simcoe Shoreline Planning Study............................................ 6
3.0 REV I EW OF ST U D IE S .................................................. ...... .............. ................................. 7
3.1 FUNCTIONAL SERVICING REPORT (FSR) ................................................................... 7
3.2 ENVIRONMENT AL ANALYSIS ...................................................................................... 8
3.3 FISCAL IMPACT ANALYSIS ......................................................................................... 8
3.4 MARKET ANALySiS.... ..................................... ....................... .... ..... .......................... 8
4.0 PLAN N ING JUST I FICA T ION ............................................................................................. 9
5.0 CON CL US ION ....... ............ ......... .......... ..... .......................... ................ ............................. 11
FIGURE 1 A:
FIGURE 1 B:
FIGURE 2:
FIGURE 3:
Followin.g Pa.ge
LOCATION MAP. ........... .......... ........ ...................... ........ ............ ........ .................... 1
CONCE PT PLAN .......... ............ ....... .................................... ....... .......................... 1
EXISTING OFFICIAL PLAN DESIGNATIONS .....................................................3
EXISTING ZON ING ........ ............... ................ .......... ............ ...... ........................... 5
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
T nwnc;hin of Dro-Medonte, County of Simcoe Page i
,
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The Jones Consulting Group Ltd.
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1.0 INTRODUCTION
On behalf of Ucci Consolidated Companies Inc. (UCCI), we are pleased to prepare this planning
report for a new recreational residential golf course community in the Township of Oro-Medonte.
The development is proposed for a site owned by Ucci Consolidated Companies Inc. (UCCI) in
the 'former Township of Oro located south of Ridge Road between the Fourth and Fifth
Concession Roads. Refer to Figure 1A, Location Map.
This planning report reviews factors relating to location, existing land use policies, servicing
feasibility, environmental impact and market and fiscal impact.
1.1 The Development Concept
The subject site is approximately 270 acres in area. UCCI's vision for the site .includes an
integrated recreational residential community, consisting of an 18-hole golf course, surrounded by
condominium residential development and other recreational amenities. The configuration of the
proposed land uses are conceptually shown on Figure 1 B.
The golf course will be designed to maximize the site's natural character and employ
environmentally responsible design and maintenance practices. The golf course is envisioned as
an upscale, champion public or semi-private facility, with a full-service clubhouse, driving
range/practice facility and other recreational facilities, which may include tennis courts, a
swimming pool and an ice rink. An on-site golf academy would have broad appeal to families
from Oro-Medonte and beyond. Taken together, the mix of recreational facilities envisioned for
the site will create a 'Critical mass of recreational activities, a Usports complex" of sorts.
A nature trail system will be designed into the site, building on the existing natural features and
incorporating such features as trout ponds and bird feeders, for example, and leading to the
clubhouse, and ultimately connecting with the Oro-Medonte Recreational Trail. The trail system
will be a nature lover's paradise and will provide an attractive and user-friendly interface between
the golf course and residential areas. -
Approximately 300 residential units and a 40-unit retirement complex are contemplated. The
dwellings, as well as the clubhouse will be serviced by on-site communal water supply and
sewage treatment systems. The residences, which will include a mix of detached and attached
units, will be marketed as condominium tenure, a form of ownership that is proving to be widely
accepted by the move-down housing market, given their propensity to reduce their home
maintenance responsibilities and freelJp some of the equity accumulated in the larger family
home. The residential uses will be arranged in clusters around the golf course in order to
maintain view corridors to and from the golf course and surrounding wooded areas which are
preserved as sensitive environmental features.
The target market for the development is the adult lifestyle market: move-down, empty nesters
who tend to be in the 50-year plus age category, and who are seeking to simplify their lives and
live close to nature, with all of the conveniences of an urban area nearby.
This project has been in the incubation stage for some 25 years. Demographic trends that
include the aging of the baby boom, significant growth in the number of people now enjoying the
game of golf and recreational pursuits in general, and the great population growth being
experienced in Simcoe County and the Barrie area in particular, suggest the time is now right for
such a development in Oro-Medonte.
There are a number of locational factors that support this development, including, but not
necessarily limited to the following:
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 1
.... JI. 'I'
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FIGURE lA
LOCATION MAP
Proposed Golf Course and Residential Development
By V.CCl Consolidated Companies Inc.
Part of Lot 27 & 28, Concession 5
Township of Oro- Medonte, County of Simcoe
Source: discoversimcoe.com
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122 UNKED UNITS (13.!!m)
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. The site is situated in close proximity to the City of Barrie, one of the fasted growing
urban areas in Canada with its significant and growing range of commercial and cultural
amenities, as well as employment opportunities..
. A significant amount of housing market spin-off can be expected from the Barrie area,
particularly by home buyers seeking a non-urban community, with a strong recreational
orientation in a country setting.
. Excellent health and medical facilities are available close by, via Highway 11/400, in the
City of Barrie and the City of Orillia.
. The market fQr adult lifestyle/recreational residential development is well established and
continues to expand across southern Ontario, particularly in those areas that are located
within minutes of a significant urban centre, such as Barrie.
. This development, situated just minutes off the Highway 400/11 network, will attract a
Greater Toronto Area (GTA)-based market, longing for a quality residential development
in the countryside of Simcoe County, near the shores of Lake Simcoe. These may be
households who have come to the area for years in pursuit of recreational activities and
are now in a position to make it a permanent, year-round home.
. The site is well serviced by the existing transportation network, including Highway
11/400, the Fourth and Fifth Concession Roads, and Ridge Road.
. As a destination recreational development, the golf course and clubhouse and associated
recreational amenities will provide year-round economic activity in Oro-Medonte, by
bringing visitors and new residents to the area.
. As a year-round recreational residential community, the development will foster a high
quality of life and will expand the range of housing options in the municipality.
. Provision has been made to expand the development concept to include supportive
housing options, for older persons, as the need emerges.
1.2 Background on Ucci Consolidated Companies Inc.
Ucci Consolidated Companies Inc. is an international development company, which has been
involved in the business of land development since the 1950's. Principals of the firm have
developed major projects in Canada, the United States and Europe. UCCI's land development
prospectus also includes "Windfield Estates" the 36-Iot estate residential development that is
situated near the subject site. It was developed in the mid-1980's.
1.3 Location and Description of Site
The subject lands consist of 270 acres and are more specifically described as Part of Lots 27 and
28, Concession 5 in the Township of Oro-Medonte, County of Simcoe. The site is bounded by
the Ridge Road and the former CNR rail line to the north, the Fourth Line to the west, the Fifth
Line to the east, and Windfield Drive/Greenwood Forest Road to the south. It is understood that
plans are underway to incorporate the former CN rail line lands into the Trans-Canada Trail
system.
The site is currently vacant. Vegetation consists of small patches of mixed coniferous and
deciduous trees with the remainder composed of lower cover and scrub lands. The property has
a slope of approximately 2 percent, declining from north to south towards Lake Simcoe. An
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 2
, '
The Jones Consulting Group Ltd.
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unnamed tributary runs north-to-south through the westerly portion of the property converging at
the southern end of the site and ultimately draining into Lake Simcoe. The implications of the
proposed development on these natural conditions are exami~ed in the Environmental Analysis
by Gartner Lee Limited, which is reviewed further in Section 3.2 of this Report.
The a~sociated shoreline neighbourhood is classically Lake SimcoelKempenfelt Bay in nature. In
this respect, the immediate waterfront development is upscale in character with many of the
seasonal residences recently experiencing renovation, frequently for permanent occupation
purposes.
-"
The nearby existing back-lot development situated between the Fourth and the Fifth Lines is
suggestive of a country residential development; larger homes on larger lots. In around the Fifth
Line however, a much denser and more traditional backlot residential pattern exists, sharing both
permanent and seasonal types of occupancy. Such smaller lot residential development is found
along Lakeview Road, Parkview Avenue, and Simcoe Avenue.
This mixture of old and new, shoreline and backlot, is as. noted, quite typical along the Oro-
Medonte shoreline and very similar to the pattern of shoreline development extent along Lake
Simcoe as a whole. .
From the perspective of a planning justification, it is important to establish a "fit" with this existing
neighbourhood. In relationship to issues of "fit", the following sections of this Report will establish
conditions of neighbourhood compatibility with regard to the design, serviceability and overall
environmental context of the development proposal. However, apart from the capacity of this
development to achieve a sort of seamless integration with the existing shoreline community, this
submission will also illustrate a capacity for this proposal to enhance neighbourhood amenities in
a manner that is compatible with the property's shoreline context.
2.0 CURRENT POLICY CONTEXT
This section of the report reviews relevant policies from the Township of Oro-Medonte Official
Plan and Zoning By-law as well as policies of the County of Simcoe.
2.1 Township 01 Oro-Medonte Official Plan Policies
Figure 2 shows the subject lands are currently designated "Rural" and "Open Space" by the Oro-
Medonte Official Plan (1997). Portions of the site also contain an environmental overlay,
Environmental Protection Two (EP-2), which appears to be associated with the site's woodland
cover.
2.1.1 Permitted Uses: Rural
Permitted uses in the "Rural" designation are outlined in Section 03.2 of the Official Plan. The
"Rural" designation would permit the proposed golf course use. However, an official plan
amendment is required to permit the proposed residential uses.
2.1.2 Permitted Uses: Open Space
Permitted uses in an "Open Space" designation include, among other things, passive and active
recreational uses, as outlined in Section 06 of the Official Plan. A portion of the golf course is
proposed on the lands designated "Open Space".
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 3
LEGEND
o Agricultural
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OVERLAY DESIGNATIONS
Environmental
Protection Two
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2.1.3 Development Policies
The development policies outlined in Section 03.3.2 note that an amendment to the zoning by-
law is required to permit a new golf course in a "Rural" designation. Further, the Official Plan sets
out the criteria that need to be satisfied prior to the zoning ,by-law being amended. These criteria
deal with such matters as compatibility of the golf course with the surrounding rural character,
impact on any adjacent agricultural operations, provision of water supply and sewage treatment
services, road access and buffering from adjacent residential uses. These are matters have been
addressed in the Functional Servicing Report prepared by The Jones Consulting Group for the
proposed development and in later sections of this Planning Report.
2.1.4 Provisions Related to the EP-2 Overlay
The Environmental Protection Two (EP-2) overlay covers a portion of the site. Schedule'S' to the
Official Plan shows the EP-2 overlay to be related to the site's "significant vegetation". It is worth
noting that the overlay is not due to the site possessing any "significant wetlands", "regional
ANSI's", "old growth areas" or "core deer wintering/shelter .areas". Nor has the site been
identified as a "natural corridor", or "potential natural corridor" in the Official Plan.
Any development proposed within the area contained in the EP-2 overlay, is subject to an
environmental impact study, which has been undertaken by Gartner Lee Limited in connection
with the subject development proposal.
2.1.5 Permitted Uses In EP-2
Section F1.3 states ''the uses permitted in an EP-2 area shall be those permitted by the
underlying designation, provided the use conforms to the policies of this section.". Thus, the
proposed golf course is a permitted use, subject to the environmental impact study. An officia1
plan amendment is required for the residential uses, also subject to the EIS.
2.1.6 Section H-4 - Adult Lifestyle Communities
Section H-4 of the Oro-Medonte Official Plan sets out the approval criteria for adult lifestyle
communities. While Official Plan does not designate any lands "Adult Lifestyle Community" it is
clear in acknowledging the need to plan for adult lifestyle communities, as set out in this section,
specifically:
. To recognize the need to consider the development of self-contained communities that
are designed for an aging population.
. To ensure that new adult lifestyle communities are sited in appropriate locations.
. To minimize the impacts of an adult lifestyle community on the rural character, the natural
environment, agricultural uses and existing developed areas.
-
Further, Section H4.2 notes that as no lands have been designated "Adult Lifestyle Community",
"an Amendment to this Plan is therefore required before such a community can be developed."
Section H4.3 outlines the permitted uses on lands designated Adult Lifestyle Community as
including "low density residential uses usch as single detached and semi-detached dwellings,
medium density residential uses such as townhouses, apartments and multiple dwellings. The
maximum permitted density shall not exceed 7.0 units per gross hectare.
The density of the proposed development is approximately 3.0 units per gross hectare.
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 4
LEGEND
ZONES
II - ~."cI.utfal 0..
JI2 - R..idqUal 1WII
lUlU - Jlurlll hftdeaUlll O!UI
RVR2 - Ran.l RMldmUlll Tn
SR - SbonliDe x-JdeaUlll
~ - RHid..tIal Um1ted SlU"9ie.
01 - Rural IDdutrilll
U - lAeal IDdwrtJollll
!:II - leo'Utlll!/! Ihmllepm'lI.t
AI' - Airport
Wb -w~ ~o.aI
tc - lAeal Commuelal
GC - Gtnsen1 Ccnma....eIa1
AfRO - I.crlClultuni/Rural
G' - ~_ta1 Pret.etfou
08 - Opea Sp.e.
Pit - Pttor.te Rec:r..Uoaal
"' - neo4ptaSn o..rl'7
IWU - lUDerlll Jurepte
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IUR2 - ~ "W:,I"
I - IuUt.uU01I.I1
rn - J'I1tun Dtma1opm'lIt
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FIGURE 3
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28
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KEY PLAN
SUBJECT LAND:
500 0 lOOO1a
~ _...) I
1:20,000
THE PLANNING
PARTNERSHIP
TOWNSffiP OF ORO-MEDONT
ZONING BY-LAW
SCHEDULE A3 (
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The Jones Consulting Group Ltd.
Section H4.4 outlines the locational criteria that must be satisfied in support of the above-noted
Official Plan Amendment. .
a) The development will have IiNle or no impact on nearby agricultural operations.
There are no agricultural operations in the immediate vicinity of the subject site. To
the south of the site is existing shoreline and backlot residential. To the east and
west is forest cover. To the north is the old rail line and rural residential uses on the
south side of Ridge Road.
b) The site is to be accessed by municipal Toad that can accommodate the
increased traffic generated by the adult lifestyle community.
Traffic impacts have been addressed in the Functional Servicing Report- for the
proposed development. The site is accessed by the Fourth and Fifth Lines, which
are rural arterial roads. The FSR concludes that both roads, as well as their
intersection with Ridge Road, will operate at adequate levels.
c) The increased traffic generated by the community has little or no impact on
adjacent developed areas.
The Functional Servicing Report concludes that the municipal road system can
adequately accommodate the projected increase in traffic levels.
d) The development can be designed and sited to blend in with the rural
surroundings.
The majority of the proposed residential development is internal to the site. The golf
course and preserved woodlands will be the most visible from the surrounding area.
e) The development will not have a negative impact on the natural heritage
system.
Impact on the natural heritage system has been addressed in the Environmental
Analysis by Gartner Lee Limited, wherein it is noted that the development is feasible
from the environmental and hydrogeological perspectives, subject to the
recommended mitigation and additional investigation.
f) The scale of the community, if located adjacent to or in close proximity to
existing residential uses, is consistent with the scale and character of the
existing residential area.
The area contains a mix of existing residential forms and the proposed development
will expand upon that mix. The majority of the proposed housing will be buffered
from the existing housing by the golf course and tree preservation areas.
2.2 Zoning
The subject site is currently zoned Agriculture/Rural (A/RU), Open Space (OS) and
Environmental Protection (EP) by the Township of Oro-Medonte Zoning By-law 97-95 (refer to
Figure 3). The environmental protection (EP) ~one is associated with the intermittent
watercourse.
An amendment to the zoning by-law will be required for those lands currently zoned
Agriculture/Rural, in order to permit the golf course and residential development. It is anticipated
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 5
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The Jones Consulting Group Ltd.
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that such an amendment could be specifically tailored to suit the layout and composition of the
proposed development.
2.3 County of Simcoe Official Plan Policies
Two County Official Plan designations pertain to the subject lands: "Rural and Agriculture", and
"Greenlands.. Given the nature of the development proposed it is anticipated that an amendment
to the County Official Plan will be required. The application for amendment to the County OP will
be supported by this Planning Report and other supporting technical reports.
The primary difference between the County Official Plan and the Township Official Plan is that the
la~er will allow an adult lifestyle community external to a settlement area, whereas the County
Official PlaD does not.
The County of Simcoe's policies regarding settlements reflects a more traditional type of
community fonnation. The Official Plan's definition for settlement includes hamlets "of only a few
dozen people" and extends to ."urban settlements of populations up to 15,000 people". These
settlements are designated frequently in the land Use Schedule of the County Official Plan.
The definition and designation of settlement areas provides the principal focus for the County's
growth management strategy wherein a clear preference is expressed that mostnqn-resource
growth and development will be directed to settlements.
In this Plan, settlements include traditional mixed use central places such as towns,
villages and hamlets. Some have both water and sewer services, some have only one,
while small ones depend on individual services.... The County has numerous
identifiable settlements. They are found in every municipality and provide a basis for
future urban forms of growth. This strategy of directing growth to settlements is fully
compatible with the Provincial Policy Statement.
2.3.1 County of Simcoe Shoreline Planning Study
The prevailing pattern of shoreline development throughout the County of Simcoe represents an
historic deviation from the norm relative to this traditional definition. The shoreline development
pattern is by virtue of geography, elongated rather than compact, and narrowly configured as
opposed to broadly distributed.
In recognition of these unique circumstances, the County of Simcoe commissioned a. shoreline
planning study in an attempt to reconcile current Official Plan policies with the reality of
waterfront/shoreline development patterns. A discussion paper entitled "Role of the County of
Simcoe in Shoreline Planning" was presented to County Corporate Services Committee at its
meeting on April 10, 2002.
The study results will be the subject of further discussions and review, and it is anticipated that
potential amendments will be referred to formal Public Meetings for public consideration.
However, it is also anticipated that as a consequence of the current policy juxtaposition with the
existing shoreline circumstances, that there will be allowances for developments which subscribe
to the historic pattern of development as long as environmental and servicing issues and other
practices pertinent to good planning are recognized.
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 6
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The Jones Consulting Group Ltd.
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3.0 REVIEW OF STUDIES
As required by Section H4 of the Official Plan, a number of technical studies have been
completed in support of the development proposal. These analyses are relevant to the overall
plannin~ justification presented in this Report.
3.1 Functional Servicing Report (FSR)
A Functional Servicing Report has been prepared by The Jones Consulting Group Ltd. The
purpose of this report is to analyze preliminary servicing requirements and identify potential
constraints to servicing.
The functional servicing analysis provides an overview of engineering works, including: (i)
sanitary sewage services; (ii) water supply, treatment and distribution; (iv) stormwater
management; (v) transportation and traffic issues; and (vi) secondary utilities including electric,
gas, telephone and cable television services.
From a broad, infrastructure perspective, the development will be serviced with private services
consisting of a communal water supply and distribution system, a communal sanitary collection
and treatment system, an internal roadway network, and internal facilities dealing with stormwater
management. Given current intentions to develop the project for condominium purposes, the
ownership and maintenance of these facilities will remain private but subject to a responsibility
agreement between the luture condominium corporation and the Township of Oro-Medonte. It is
further intended that these services will be phased. .
Sanitary Sewage Services
The proposed communal system will transport wastewater to a central treatment facility via
gravity services within the proposed community. Current standards and regulations are
employed regarding these services and above all, the system has been designed within an
environmental perspective as detailed in the FSR.
Water Services
Water supply will be established to service a population of 770 persons and to meet fire code
requirements in accordance with current M.O.E. guidelines. Initial hydrogeologic investigations
suggest that a suitable aquifer may be present at 50.0 metres below ground surface. The test
suggests that the available aquifer is sufficient to meet expected demands.
Stormwater Management
As the FSR illustrates, the strategy with respect to stormwater management will be derived from
a comprehensive understanding of the site's geography and environmental sensitivity. The
stormwater management plan will achieve the following objectives:
. Protect life and property from flooding and erosion.
. Maintain water quality for archeological integrity, recreational opportunities.
. Protect and maintain groundwater flow regimes.
. Protect aquatic and fishery communities and habitats.
. Maintain and protect significant and natural features.
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 7
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The Jones C<Jnsulting Group Ltd.
. Protect and provide diverse recreational opportunities that are in harmony with the
environment. .. \ \.0 e -- V, J
Transportation and Traffic
Externally, the transportation and traffic system consists of the flanking roadways: Oro Line 4
South and Oro Line 5 South (to the west and east respectively), Windfield Drive to the south, and
Ridge Road (also known as Simcoe County Road 20) to the north. Ridge Road, and further to
the north, Highway 11, provide regional and highway connections beyond the Township. The
City of Barrie is presumed to be the primary, external destination. Internally, traffic movements
will be supported by a network paved private roadways with a minimum width of 8 metres. Two
access points; one at the Fourth Line and one at the Fifth Line are anticipated at this time.
Secondary Utilities
Secondary utilities including hydro, natural gas, telephone and cable television services will be
provided to the site and no constraints are envisioned in this regard.
3.2 Environmental Analysis
Gartner Lee Limited assessed the site's natural heritage and hydrogeological conditions. The
results are contained the in their report Environmental Analysis, Adult Lifestyle Goff Course
Community, Township of Ora-Medonte, dated April 2002.
It provides a detailed description of the ecological and physical characteristics of the subject
property, assesses potential effects of the development on those characteristics and, provides
recommendations intended to mitigate these impacts.
The conceptual design reflected in Figure 1 B has already experienced a number of changes asa
consequence of preliminary review by the environmental consultants. It is anticipated that
ongoing input will prompt further revisions in order to achieve the best possible (development)
response to environmental needs. Overall however, the proposal at present does demonstrate
general compliance with regard to the mitigation of impacts on the terrestrial and aquatic
environments.
3.3 Fiscal Impact Analysis
Clayton Research Associates Limited was commissioned by Ucci Consolidated Companies Inc.
to undertake an analysis of the fiscal impact of the proposed development. The results of the
analysis are contained in their report entitled, Fiscal Impact Analysis for an Adult Lifestyle
Community and Golf Course, Township of Oro-Medonte, dated March 5, 2002.
The report examines the impact of the proposed development on the Township's annual
revenues and expenditures and concludes that the development will have a net positive impact of
$133,700.00 per annum.
3.4 Market Analysis
Clayton Research Associates produced a partner document analyzing the market opportunity for
an adult lifestyle community on the subject lands, within the context of the southern Ontario
market.
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 8
, ,
The Jones Consulting Group Ltd.
Key findings include the following:
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. In southern Ontario the demand for adult lifestyle communities is accelerating resulting
from a combination of demographic trends and higher age-specific propensities .to
purchase new homes among adult lifestyle buyers. Simcoe County is a high demand
area.
. The buih-in amenities of the site, principally the golf course, coupled with the property's
proximity to lake Simcoe and the urban amenities of the cities of Barrie and Orillia
create an appealing and an attractive opportunity for an adult lifestyle community.
. By taking into account the attributes of the subject lands vis-a-vis the known and
potential future competition, it is expected that the subject community could capture
between 5.0% and 7.5 % of the market from households in the GT A interested in new
ownership, ground-oriented housing and adult lifestyle communities in southemOntario.
4.0 PLANNING JUSTIFICATION
The justification for this development responds to the objectives set out in Section H4 of the
Township's Official Plan as previously noted. To recap, these objectives are as follows:
i) "To recognize the need to consider the development of self-contained communities
that are designed for an aging population.
ii) To ensure that new adult lifestyle communities are sited in appropriate locations.
iii) To minimize the impacts of an adult lifestyle community on the rural character, the
natural environment, agricultural uses and existing developed areas."
In reference to the first objective, The Clayton Market Report, notes in considerable detail that
Simcoe County accounts for a higher demand from adult lifestyle buyers overall than any single
region within the GT A itself, more than one quarter of the demand for the GT ,AJSimcoe County.
As a whole, this region possesses very attractive landscapes and waterfront/recreational
amenities which are unmatched in the southern Ontario market area. From the point of view of
price, adult lifestyle accommodation in Simcoe County is on average less expensive than
comparative accommodation in the GT A.
The subject property, which reflects these particular virtues, is in most respects an ideal venue for
adult lifestyle living.
Therefore, the "needs" issue particularly of Objective (i) is satisfied by Clayton's market research
which observes that the proposal will be successful by reason of its location, locale and the
superb package of amenities which are proposed.
With regard to Objective (ii) "to ensure that new adult lifestyle communities are sited in
appropriate locations", there is at first glance perhaps scores of locations which represent suitable
sites given the geographic expanse of the Township. However, available options do narrow
significantly on closer inspection.
The north part of the Township, defined by the Ora moraine, is a more remote situation vis-a-vis
the urban and health services of Orillia and Barrie and the moraine itself is a sensitive landform
warranting protection. The middle belt of the Township is occupied by productive agricultural
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 9
'.
The Jones Consulting Group Ltd...
lands and the rural character of this area is largely defined by the prominence of existing farming
operations. This agricultural character is not as ideally suited to the proposed golf course-
residential use. '
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The physical character and pattern of development found in the southern extent of the Township,
in c~ntrast, is influenced by- the shoreline. Until recently, the population has been seasonaLbut a
growing population of permanent residents is occurring' asa consequence of the area'sneamess
to both Barrie and Orima and the enduring appeal of Lake Simcoe. However, within that shoreline
corridor, there are almost no other opportunities to support a 270-acre adult lifestyle recreational
community and golf course where sufficient area would exist to mitigate impact on adjacent land
uses and neighbourhood interests. More specifically, there are no opportunities within the
villages of Shanty Bay, Or9 Station or Hawkestone to locate such a development. There are
perhaps no other sites that provide the excellent framework of existing, adjacent municipal
roadways which provide the level of access both to and from the site.
Furthermore, the subject lands will be developed in accordance with the recommendations
outlined in the Environmental Analysis, to afford the highest levels of environmental sensitivity
and neighbourhood integration.
The third item of Section H4 "Objectives" requires that impacts are minimized with respect to
adjacent uses. In this respect, the following design related initiatives have been provided (note
Figure 1 B) to achieve conformity with this objective:
. Residential uses have been clustered in such a way as to minimize visual exposure on
flanking roadways and on existing vacant and developed residential lots.
.
. There are no rural or agricultural uses that are impacted.
. In accordance with the definition of an adult lifestyle community in Section H4.2 internal
amenities have been provided. The most significant of course is the golf course, but
more than two acres have also been set aside for additional community facilities and a
clubhouse is also provided for the public as well as private condominium owners.
. The private condominium nature of the roadway system appropriately excludes
interconnection with the local roadway, Windfield Drive. Two access points are provided
at the Fourth and Fifth lines which have collector capacities.
. This community will have a recreational ambiance, which given the waterfront nature of
adjacent residential uses, will complement and enhance the character of this
neighbourhood.
. The developed as well as the undeveloped sections of the site will sustain an eco-friendly
theme in response to the needs and challenges of the natural heritage system.
Given the foregoing, Section H4 of the Official Plan has been satisfied.
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Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 10
The Jones Consulting Group Ltd.
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5.0 CONCLUSION
The policies of the Township's Official Plan as they relate to adult lifestyle communities are
perfollTlance-based. Accordingly, in addition to this Planning Report, the following technical
reports have been completed:
· Environmental Analysis, Ucci Consolidated Companies Inc. Adult Lifestyle Goff Course
Community, Township of Oro-Medonte. Gartner Lee Limited. (April 2002).
· Functional Servicing Report - Recreational Community and Goff Course Development.
Jones Consulting Group, The. (April 2002).
· Market Analysis for Adult Lifestyle Community, Township of Ora-Medonte by Clayton
Research Associates Limited. (January 2002).
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· Fiscal Impact Analysis for an Adult Lifestyle Community and Golf Course, Township of
Oro-Medonte. Clayton Research Associates Limited. (April 2002).
This planning report and the accompanying technical reports dealing with servicing, impact on the
environment, fiscal impact, and marketability illustrate that the proposed development meets the
"performance" tests laid out in the Official Plan.
The site plan approval process to follow will provide an opportunity to further refine the proposed.
development on the basis of architectural and landscaping initiatives and other elements relating
to the establishment and operation of this development.
Planning Report for Proposed Golf Course Residential Community by Ucci Consolidated Companies Inc.
Township of Oro-Medonte, County of Simcoe Page 11
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REMSON
Con sui tin g Ltd.
30 St. Patrick Street, Suite 1000, Toronto, Ontario, Canada MST 3A3
Facsimile (416) 595-7144 Telephone (416) 593-5090
August 6, 2003
Mt. Nidc McDonald
Pmner
Meridian Planning Consultants
113 Comet Street
Barrie, Ontario
L4M IH2
Dear Mr. McDonald:
Re: Mariff A I};! lysis for Adult LlffSty'~ Community, Township of Oro-Medonte
Pre-pared by Clayton Research ,A.S5odates, January 2002
We have be.t.n as\:ed to review the above noted repon, and provide comments on the
method wed and the conclusion! reached. The conclusion of the Clayton repon 15 that
th~re win H\:t ly be a market opportunlry for the subject adult lifestyle community in the
Township of Oro-Medonte if it is approved. The method used tore.ach thie conclUlion
is structured around three major taSks:
1. The ttpon identifies a growing Ciduh lif~tyle comrnunlry market in southern
Ontario.
2. The ~iow e.ruibute.e that ma\c.e the Nb)ect site wel\.sulred to accommodate
Ihis type of development Gte noted; and
3. A Bet of assumptioN rt.garding t:h~ share of the market a.nt\c.lpated to be
captured by the suble~t cmnmunity are made, and a nmee on projected
demand 15 provided.
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We would agree. that market opportunity likc:1y exists fot the (ubject community. We
.hav,e a majorconcc.m, howevcr, with usine thb conclusion to imply that there L8 a riud
to approve this type of deve1optne:nt in the: Township ofOro-Me.donre. In our view, the
Clayton report doe:s not address the. quution of need. It serves the single, and in our
view quite narrow, purpose: of anemprlng to establish that market opportunity lIl:dy
exil!tI.
A. MAJOR CONCLUSION OF THE CLAYTON REPORT IS TH^T THERE WILL
UKEl Y BE MARKfl OPPORTUNITY FOR TIiE SUBJECT COMMUNITY
PlOj~cted dc:mand fot adult lifestyle communities i~ derived by applY~i cunc.nt, age
6pcdfic. ptoperuities to purchase a new home in an adult Ufcstyle: c.ommunity1tO
ptojected owner households in the targe.t buyer groups fOJ'C.QI.S~d to be living in the .
GTA.
The competing supply 15 identified as uniu within adult lifC5tyle c.ommunity projecta
already being marketed u wd11l.S uniu that may be: kunched dur~ the ptojec.tion
period. Comrnunit.ics in Simc.oe County ilnd Y ork Re~ion are anticipated to provide the
main competition. The OIumoTS 6Ugge6t that the 5\lbject conununity should be able. to
capture: 01 ~ket share that is in the middle to uppct ~nd of the range: of market 6hares
acl1ieved durlni 1996.2001.
While we have not Iud the opponunity to Rview the: forc.aau or the data relied upon
In detail. the condusion U12t then: is lik.e\y ~et opportunity for the subject
community I.s ptobably correct. It is not a difficult cast to make. Thete are opportunities
in the currc:.nt: marht for virtually any typt of gTOund-relared, res~dtt1ti.a1 deve.1opment
in $Outht.m Simcoe County, particularly &0 d08e to the rapidly growing City ofBanic.
B. USING TH'S CONCLUSION TO IMPLY THERE IS ^ NEED fOR THIS TYPE OF
DEVELOPMENT IS NOT APPROPRIATE
In our view, ~rktt demand is not sufficient to justify need. Jf it were, vinual1y any kind
of development could be justified within virtually any growing municipality. Market
demand must be balsnced against other community dtvelopmcnt and planning
coruidt.tBrlOns. One of the major conside.rations for Qro,Medonte is the question of the
long tem oc.c.upancy patterN of r~idtntlal communities developed ouuide designated
I SPtcific criuria art wd in dcJrnTUntng what is or is not an adult UfC3~k communtt) in both Iht
drnIand and ~11 anol,sts. A dtfinirion is flDt provickd in tk. Tf.port. Accordtng to a nU,Jequent leuer from
Cia, ton Tt$<<m:h dated Ma, 20 I 2003 I odult I1festyk CDmmunidt5 WC!TC! dtftntd in chc report 4! communiria
that haue I1t ko.st 100 units, ha'-'C communif1 fUTuuion ondIor soci4l Jadlicks I ere marl<eted as aduh ~t1Je
commwUoo and auroc, Cl sifTIificaru share! of demand /rum GT A ~rn.
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6ett1emem areas. and pote.nrlal impact6 of changes in occupancy on the provision of
&e.rvices.
1. Long 'Term Occupancy hfttrns of Communities Outside De$isnated Settlement
Areas And Impact on Services Is a Major Consideration.
As devt1optne.nt ptCS$~tC$ from the City ofBatric mount in Oro~Medonte., the long term
occupancy pattems of ne.w t~idtntial communities developed near, but oul!lde
duignated Rultment afea6, c.ould have sienificant implications for the provision cl
scrvic.u. 1t 16 our opinion tMt the T OWJ1ship should carefuUy consider the fecal
cha Ue.nges that may emerge if occupancy pancm.s shift towards mOTC family households,
Bnd demands fot mident--oriented service! inc.teaae.
Thcre 8te already SOme: IndicatioIU that this is occurring. According to the Township,
'SOme of the n~w J'C'$ident~ in the Ho~h~ Adult Ufutyle Community are new
residents with families who have members of the household working in the City of
Barrie, de.5pite the fact that the community was ot\.ginaUy marketed. u we unde.rs~,
c.xdusivdyas an adult li~tylecommunity. NotwithEtanding the proponenu'bcatcffoJU
to predude this situs don from arl~ingl, the ~ubject community would lil.dy temain an
Bmactive option fOI a wide range of reside.nts c.spc.c.i.211y those with jobs in southern
Simcoe County, pan\cul81'ly &nit..
Clayton hItn.!clf rc.cogniJeS that demand for units within developmena outside
de.5ignated $Culemf;nt an.aa c.an \x anticipated from a range of buyer groups. In an
8m 1ya\$ in Eupport of the proposed Big Bay Point deve.lopme.nt - in fact acroas the bay
from the. proposed community in Oro- Medontt - Clayton d~w four primary eroups:
. Steond home U&et&j
. Adult Hfestyk buyc:.tSj
. Inveltonj and
. Ptimary residents 2
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Clayton 1s delibetate in this aMlysls to note that primary t~idtnU art expected to be
only a lJrnaU component of ill buyen. Ncvc.rthtl~, we are not c.onvinc~ that a
community marlded 8J an "Cidult lifertyle community" is any different than normal,
I AtcOJdin, to C~wn Rtst4fch, ThcJOt1C3 ConnJtiT1& Group wiD bt ~TminB INs b.nu ~eporaub.
l Marleta Need Anol,sis For The Big Btl) PolN Rno11 Communit:1. p,.~ fur G~DMan
C~ by C1crywn Rmwcn A53ociatt.s, 2003, Chapter 3 (PfJ. 16-20)
R~MSON
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urban residential dcvc.1opmtnt. We fmd it difficult to imagine a slcuation in the current
. marktt whe~ potential buyc.n would be turned away if they w~re not within the target
group- i.e, oldtt couples without children living In the parental home pill! non-family
households.
2. Significant Residential Supply Has Already B~en Oeslgnated
According to infonnation provlde.d by the Towmhip, there is cunendy ebout 1.160
vac.ont building lots, 1,150 dl9ft approved lOt!, and 2,120pottntlallotB in Officia1 Plan
approved dtvtlopment:.5. ThiE uamhau into Q total supply of about 4,130 unia, which
indudes 970 recreational uniu at Horseshoe Valley Rewn. Exc1udlng t:hcsc:970
ttcrcatlonal units leaves a resldentla15upply of about 3.-160 units. This b a luge Nppl,.
Durint: the 1996 to ZOOI Cc:mw pt.Tioo, only about 600 unit! were complered in Oro..
Medonte. or Imavcrage of 5bout 120 unit! JX:.r yc.ar. At th~ rares. the current supply
of about 3,-460 uniu would not be depleted for 28 yean.
3. . No GuatiU1tee That Proposed Community Will Develop as Promoted
We agrce wtdemand for communities thatappeal to more m&turt aduluwillgrowover
time. We do not, however, believe that this demand will bt limited scricdy to aault
1if~ryle c.ommuniti~.ln the Township of Oro-Medome, comtnuniti.cs that appeal to
more mature buye.rs could include communltlu marketed a! adult lifestyle communities.
in addition to many other type.s of communitia JUch as tecreational areaJj (the
Horseshoe Rc.sott). utatc and c.ountry ruidc.ntial subdiviEiON, and the shOTeline.
hamlets and rural arc:.cu that cuTl'Cntly comprise the Town's residential supply,
Of count, not aU of thi! c.une.nt unit rupply wiU appeal to more tnat'llte buye.ra. But the
rupply i! large, 50 competition win likely be StIong. It is concdvable that JOtOt
dtve\opertl may conBCious\y redltcct the mark-tting of particular communities - either
towards or away from ~du1t 1if~tyle communities - a! local conditioN dictate. in order
to 'mptovt their mar\tet prospec.m. Unit! in the subjeCt community could be competing
with 2 much le.rgt.t cotn.pctitivc wpply than IlUiic.5t<<i in the Clayton report-If approved.
we woultJ IIUiit.5t requiring that the proposed golf c.oune proceed first, to ensut~ that this
&fficnity b actually delivered a; part of the development.
REMSON
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In lummaty. we a.gree that market opponunity likely exut! for the mbjec[ community
but have a major c.oncttn with tlslng this c.onduslon to imply that the.re 18 8 need to
approve mlJ rype of development in. the Township of Oro-Medonte. In our opinion,
market demand 16 not Buffic.lc.m to justify need.
On 9 broader policy note, Ina rapidly growing community such as Oro-Medonte, it is
difficult to suggest the~ em adult Iife5tyle community should be subject to Q O~trtnt
appro~l process than normal, urban lc.!idential devtlopment, Devdopmenu
roch a6 the proposed community ""HI appeal to a broad range of purchasers, not jUlI
Bdult lifestyle community buyen. In our opinion, a.ppllcations lu:e thia - and othe.rs
acr06fi SimcOt County propOEme development ouuidc: dc.sigttated &ettlement areas -
may in fact be en anemp[ to c.1rcumvent the nonnal approval proc~s using the
Township's official p1an policies regarding adult llfesryle communities.
We undunand thu,e. poUcies were WJittm in the mld.1990s, when most gIowth
oudooh were quite pt:asinilitic. Much has che.nge:d, however, since the early 199Oa,
includini rapid irowth in the nc.arby City of Banle and the future growth outlook rot
the GT A md southun Simcoe County, which c.urrc:.ntly is quite positive. We. would
sugge.3t nut the appropriarenufi of the cuncnt policia n:prding adult lIfestyl~
cornmunltie.e be. reconsidered, reflcctlJ4€ the cuntm economic $ituation in Oto.Mc:dontc
smd cennal Ontario.Á
We trust that this brleflener Is of assistance. If you require anything further, please do
not he.!itate to contact w.
Youn Truly,
HEM SON
I,
I' -l!^
\\,0 \j)
MERIDIAN
PLANNING CONSULTANTS INC.
.
Page 1 of
From:
Oro-Medonte Council
Nick McDonald
To:
Date: September 16, 2003
Subject: UCCI Application - P115/01
Job Number: 2390
RECOMMENDATION
It is recommended that Council:
. Receive this report; and,
. Receive the attached draft Official Plan Amendment for information purposes.
BACKGROUND
On August 21, 2003 Council adopted the recommendations contained in a Meridian Planning
Report dated August 8,2003 regarding the UCCI application for Official Plan Amendment. In that
report, I indicated that the application to establish the principle of development could be
approved, subject to the fulfillment of a number of criteria.
Since August 21, 2003, some concerns have been expressed about the lack of appropriate
technical information to support the passage of the OPA. On this basis, it is my opinion that, if
the OPA is passed, it be considered a 'conditional' approval. This means that no additional
approvals be granted unless all identified conditions have been met to Council's satisfaction and
within a timely manner.
Page 1
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
\loe -ll
DETAILS OF THE OPA
.
On the basis of the above, a draft OPA has been prepared for Council's consideration. The draft
OPA is attached and it:
1. places the lands in a site-specific Recreational designation;
2. identifies the permitted uses on the lands;
3. identifies the criteria to be satisfied before additional approvals are given;
4. identifies the conditions of approval; and,
5. identifies the nature of some of the zoning provisions that will be applied.
RECOMMENDATION
On the basis of the scale of the project and the issues that have been raised, the attached OPA
has been prepared for information purposes only at this time. Following a review of the attached
by Council, a revised version of the OPA would then be prepared and provided to Council for their
consideration at a future meeting.
On the basis of the above, it is recommended that Council:
· Receive this report;
· Receive the attached draft Official Plan Amendment for information purposes.
Yours truly,
Nick McDonald, MCIP, RPP
Partner
NM/jrw
.
Page 2
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
\ lo € - l'O
MERIDIAN
PLANNING CONSULTANTS INC.
Page 1 of 5
To:
From:
Oro-Medonte Council
Nick McDonald
Date: October 2, 2003
Subject: UCCI Application - P115/01
Job Number: 2390
BACKGROUND
On August 21, 2003 Council adopted the recommendations contained in a Meridian Planning
Report dated August 8, 2003 regarding the UCCI application for Official Plan Amendment (OPA).
In that report, I indicated that the application to establish the principle of development could be
approved, subject to the fulfillment of a number of criteria.
On September 24, 2003 Council received a draft OPA prepared by Meridian for information
purposes. The draft OPA dated September 16, 2003:
1. placed the lands in a site-specific Recreational designation;
2. identified the permitted uses on the lands;
3. identified the criteria to be satisfied before additional approvals are given;
4. identified the conditions of approval; and,
5. identified the nature of some of the zoning provisions that will be applied.
Since the receipt of the draft OPA by Council, correspondence has been received from Rick
Jones (acting for the applicant) and from Mr. Ron Kanter (acting for the West Oro Ratepayers
Association). Both of these individuals made deputations at the Council meeting held on October
1 S\ 2003. A number of other submissions were also received on that date by Council (Natale,
Freedman, Fournier, Bomza, Fowlie and Lipman).
-
Page 1
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
( lo e -lC) ,
ANALYSIS OF SUBMISSIONS
Rick Jones on behalf of UCCI
.
,In Mr. Jones' letter dated September 25, 2003 it appears as if the applicant is in general support
of the wording contained within the draft OPA dated 'September 16, 2003. However, a number of
changes are requested.
1. It is indicated that the prohibition on the development of two storey single and semi-
detached dwellings is supported. However, it is noted that the retirement buildings may
have a height of two storeys. On this basis, it is requested that the OPA provide for the
development of buildings at this height.
In response, Section 06.1.1.4 of the September 16 version of OPA did not prohibit the
construction of a two-storey retirement home. However, it is my opinion that it would be
prudent to include a cap on the height of the retirement home within this section and this
has been accomplished in the revised text of the OPA, which is attached to this report.
It should be noted that the letter indicates that a total of 40 retirement units will be built on
the lands. Instead, as was pointed out by Mr. Jones at the Council meeting on October
1st, 2003, the total number of retirement units planned is actually 80. This number is
reflected in the revised OPA.
2. It is requested that the policy contained within Section 06.1.1 (f) be softened. This policy
states that no further approvals will be given until, among other things, Council is satisfied
that "the development will not have a negative impact on the natural heritage features
and related ecological functions on the site and in the immediate area and wil/ not have a
negative impact on the overall function of the green/ands system south of the Ridge
Road." It is the opinion of Mr. Jones that this condition will be difficult if not impossible to
fulfill.
In response, the terminology used in this section (no negative impact) is consistent with
the terminology used in the Official Plan, the County of Simcoe Official Plan and the
Provincial Policy Statement. Essentially, this is the test that needs to be fulfilled. On this
basis, I do not support any changes to Section 06.1.1 (f).
3.
It is suggested that it may be advantageous "to the Township as well as the proponent to
go forward with a public meeting on the rezoning of the subject /ands." Mr. Jones is of
the view that this will provide another opportunity for residents to hear details on the
proposal.
..
In response, the draft OPA does not contemplate the holding of any additional public
meetings or the consideration of any further approvals until the all of the conditions
identified in the OPA have been fulfilled to Council's satisfaction. I do not believe that this
process should be altered in any way. On this basis no changes to the draft OPA to
respond to this issue are recommended.
Page 2
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
\LDe -~o
Ron Kanter, West Oro Ratepayers Association
In a letter dated September 29, 2003, Mr. Ron Kanter of MacDonald & Hayden requests that
Council defer any consideration of OPA #18 until November 5,2003. The basis for the request is
so that the West Oro Ratepayers Association can obtain detailed information and professional
advice prior to making representations to Council. On this basis, Mr. Kanter indicates that a
planner (Mr. Dragicevic) has been retained to review the file.
r
~
In response, Council has the ability to decide on whether it is appropriate to defer dealing with the
OPA until anytime in the future. However, it is my opinion that enough information has been
compiled on the application for Council to make an informed decision on the OPA. In addition, as
Council is aware, the OPA only establishes the conditional approval of the proposed
development. The OPA also contains a number of policies and criteria that need to be satisfied
before any additional approvals are considered or given. Public meetings held during the process
of considering these other planning approvals will be held. On the basis of the above, it is my
opinion that no deferral is required.
Mr. Kanter also extracts a sentence from the Meridian Planning Report dated August 8, 2003
which indicates that "if the proposed development was comprised of a typical residential plan of
subdivision that was marketed to all age groups, and was of the scale proposed, there would be
no justification for siting such a development on this property or any other location adjacent to the
existing shoreline designation." At the outset, it should be noted that this continues to be my
planning opinion.
However, as noted in my planning report, this is not a typical residential development. Instead, it
is intended to be designed and marketed to mature adults and developed in accordance with the
Adult Lifestyle policies of the Official Plan. While the Township does not have the ability to
control occupancy in any dwelling unit, it is my opinion that a combination of the nature of the
development and the policies and zoning provisions that will apply will assist in ensuring that the
development is occupied by a certain age group. Specifically, the OPA requires that:
. the recreational component of the community (golf course, recreation centre) be built and
operational early in the development process; and,
. all single and semi detached dwelling units be no more than one-storey and contain no
more than two bedrooms;
Upon further consideration of this issue, two additional requirements have been added to the
OPA. The first is a requirement that at least 40 retirement units in a retirement building be
constructed and ready for occupancy before more than 200 other dwelling units are developed on
the lands. This requirement, along with the requirement to develop the golf course and the
community centre in early phases of the development, will assist in ensuring that a fully
integrated, recreational, retirement and adult community is established. The second new
provision requires the capping of the floor space of single and semi-detached dwellings on the
lands to limit their appeal to families with children. In addition, a number of minor wording
changes are proposed to ensure that the intent of the Township is clear with respect to
occupancy.
,.
Page 3
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
e -8 (
REVISED DRAFT OF OPA HAS BEEN PREPARED
..
In response to the comments made by the proponent and Mr. Kanter, plus the comments of
Council at their meeting on September 24, 2003 and my further consideration of the Amendment,
a revised draft OPA has been prepared. Changes to the draft dated September 16, 2003 are
listed below:
4'
1. The first sentence of Section 06.1.1.1, which stated in the September 16, 2003 version
that "a fully integrated recreational and residential community is permitted" is replaced
with "a fully integrated recreational and adult oriented lifestyle community is permitted."
2. The words "healthy and active" have been deleted from the second paragraph of Section
06.1.1.1.
3. Permissions for townhouse buildings with no more than three bungalow-townhouse
dwelling units have also been included. The proponent has indicated that some buildings
with three attached units are to be developed on the site.
4. The maximum number of units has been increased from 300 to 306 to reflect the unit
count on the most recent site plan of the property.
5. A cap on the number of retirement units (80) has been added to Section 06.1.1.1.
6. The word "down gradient" has been replaced with adjacent throughout Section 06.1.1.2.
7. A new sub-section has been added to Section 06.1.1.2 that states that "issues relating to
the shared community use of the facilities on the land have been addressed."
8. A new sub-section has been added to Section 06.1.1.3 stating that the monitoring
program required by Section 06.1.1.2( e) is established and operating as a condition of
any approval.
9. Section 06.1.1.3 has been modified by including the need to post appropriate financial
guarantees for the monitoring program.
10. A new sub-section has been added to Section 06.1.1.3 that ties the number of units to
the provision of the golf course, community center, and retirement units. For example, no
more than 100 dwellings may be constructed until the golf course is completed.
11. The sub-section in Section 06.1.1.3 dealing with the design of the golf course has been
modified by deleting 'landing areas' and replacing those words with 'in-play areas'
..
12.
Section 06.1.1.4 has been modified to include direction for the zoning by-law to contain
caps on the maximum size of the single, semi and town house dwelling units on the
lands.
13. Section 06.1.1.4 has also been modified to cap the height of the retirement home at two
storeys.
Page 4
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
! I
ILOe-&2
RECOMMENDATION
As noted in my August 8, 2003 report, it is my opinion that the application generally conforms with
the locational criteria set outside in H4.4 of the Township of Oro-Medonte Official Plan, provided a
number of conditions are fulfilled. This continues to be my planning opinion. On this basis, it is
.recommended that:
r
..
1. That Council receive and adopt the report dated October 2, 2003 from Meridian
Planning Consultants respecting Application - P115/01 (UCCI); and.
2. That OPA No. 18 be adopted by Council as revised.
Yours truly,
Nick McDonald, MCIP, RPP
Partner
NM/jrw
..
..
Page 5
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737 -5078
Il
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-101
..
.
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL
MEETING HELD ON WEDNESDAY, OCTOBER 15, 2003.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Council Meeting held on Wednesday,
October 15, 2003, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 15th DAY OF OCTOBER,
2003.
BY.LAW READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF
OCTOBER, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
...
.
Clerk, Marilyn Pennycook