10 02 2019 Development Services Committee Agenda
The Township of Oro-Medonte
Development Services Committee
Meeting Agenda
Council Chambers
Wednesday, October 2, 2019
5:30 p.m.
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Opening of Meeting:
2. Agenda Approval:
a) Motion to Approve the Agenda.
3. Disclosure of Pecuniary Interest:
4. Approval of Minutes:
3 - 25a) Minutes of Development Services Committee meeting held on Wednesday,
September 4, 2019.
5. Public Meetings:
26 - 201 a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Particulars
and Public Access, Notice of Public Meeting for Proposed Amendment to the
Zoning By-law of the Township of Oro-Medonte, West Part of Lot 21,
Concession 12 (Oro) Township of Oro-Medonte, 2019-ZBA-18 (Hang Gau &
Xu Han) and Consent Application 2019-B-17.
6. Public Hearings:
202 - 221 a) 6:00 p.m. Report No. DS2019-126, Catherine McLean, Planner re: Minor
Variance Application 2019-A-49, Gord & Sandra McCulligh, Sunnyside
Avenue.
222 - 264 b) 6:10 p.m. Report No. DS2019-123, Danielle Waters, Planner re: Minor
Variance Application 2019-A-42, Svetlana Robu, 259 Moon Point Road.
265 - 285 c) 6:20 p.m. Report No. DS2019-122, Todd Weatherell, Intermediate Planner
re: Minor Variances Application 2019-A-50, Stacey and Leanne Cunnington,
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265 Line 5 North.
286 - 317 d) 6:30 p.m. Report No. DS2019-119, Catherine McLean, Planner re: Minor
Variance Application 2019-A-51, Todd Merkley & Megan Gallagher, 553 Line
5 North.
318 - 340 e) 6:40 p.m. Report No. DS2019-121, Todd Weatherell, Intermediate Planner
re: Minor Variance Application 2019-A-52, Susan Caroline & Patrick
McCutcheon, 2500 Line 1 North.
341 - 364 f) 6:50 p.m. Report No. DS2019-125, Andy Karaiskakis, Senior Planner re:
Minor Variance Application 2019-A-53 by Brandon & Kayla Elliott, 2 Boville
Court.
365 - 393 g) 7:00 p.m. Report No. DS2019-124, Andy Karaiskakis, Senior Planner re:
Consent Application 2019-B-18 by William, Brenda and Wake Faris, 234 Mill
Pond Sideroad.
7. Deputations:
None.
8. Reports of Municipal Officers:
394 - 396 a) ES2019-7, Michelle Jakobi, Manager, Environmental Services re: Tile Field 6
Replacement - Horseshoe Valley \[to be distributed\].
9. Communications:
397 a) Geoffrey Campbell, 2639025 Ontario Inc.re: Request for Municipal Letter of
Support \[to be distributed\].
10. Next Meeting Date:
Wednesday, November 6, 2019.
11. Adjournment:
a) Motion to Adjourn.
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5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa...
Notice of Receipt of a Complete Application
Notice of Particulars and Public Access
Notice of Public Meeting for
Proposed Amendment to the Zoning By-law of
the Township of Oro-Medonte
2019-ZBA-18
(Hang Gao & Xu Han)
Take notice that the Township of Oro-Medonte deemed the following application to
amend Zoning By-law 97-ication pursuant to the
th
Planning Act on the 30 day of August, 2019.
Take notice that the Development Services Committee of the Township of Oro-
Medonte will hold a Public Meeting on October 2, 2019 at 5:30 p.m. in the Municipal
Council Chambers. The purpose of the Public Meeting is to notify the public and to
obtain public comments on a proposed Amendment to the Zoning By-law.
The subject lands are described as located in the West Part of Lot 21, Concession 12
(Oro), in the Township of Oro-Medonte. A key map illustrating the location of the
subject lands, and a copy of the applicants site plan including the lands to be rezoned
are included with this notice.
The purpose and effect of the proposed Zoning By-law Amendment is to permit a
commercial development proposed to consist of:
Convenince store and coffee shop with drive-thru window;
Gas pumps, electric vehicle charging stations and canopy;
Pharmacy and retail stores; and
Dog park.
Any person may attend the public meeting and/or make written or verbal representation
either in support of, or in opposition to, the proposed Zoning By-law Amendment. Written
comments by any person unable to attend the meeting should be mailed/faxed/e-mailed
to the Director, Development Services, The Corporation of the Township of Oro-
Medonte to be received no later than 12:00 p.m. noon on October 2, 2019. Please
ensure that you include your name and address so that you may be contacted if
necessary.
If a person or public body does not make oral submissions at the public meeting or
make written submissions to the Director, Development Services, The Corporation of the
Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or
refused, the person or public body is not entitled to appeal the decision of the Council of
the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be
added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal
unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
The application is part of the public record and is available to the public for
viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte
Administration Building www.oro-
medonte.ca. Any person wishing further information or clarification with regard to the
application or to arrange to inspect the application should contact the Planning
Division at 705-487-2171. Individuals who submit letters and other information to
Council and its advisory bodies should be aware that all information, including contact
information, contained within their communications may become part of the public
record and may be made available through the agenda process which includes
If you wish to be notified of the decision of the Township of Oro-Medonte in respect to
the proposed Zoning By-law Amendment, you must make a written request.
Written submissions should be directed to:
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Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario L0L 2E0
Attn: Andria Leigh, Director, Development Services
E-mail: planning@oro-medonte.ca
Phone: 705-487-2171
Fax: 705-487-0133
th
Dated at the Township of Oro-Medonte this 12 day of September, 2019.
Location Map
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Lands Proposed to be Re-Zoned
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CƩƚƒʹ Gooding, Nicholas <ngooding@scdsb.on.ca>
{ĻƓƷʹ Friday, September 20, 2019 10:22 AM
ƚʹ Witlib, Derek <dwitlib@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notices Public Meeting/Hearing (Gao & Han) 2019-ZBA-18 & 2019-B-17
Thanks Derek.
SCDSB has no comments regarding this application.
Regards,
Nick
---------------------------------------------------------------
Nick Gooding, BES
Planner, Planning & Enrolment
Simcoe County District School Board
1170 Highway 26, Midhurst, Ontario, Canada L9X 1N6
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CƩƚƒʹ Iwona.Lipowski@HydroOne.com <Iwona.Lipowski@HydroOne.com>
{ĻƓƷʹ Tuesday, September 24, 2019 11:54 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ Oro-Medonte - 1667 Ridge Rd - 2019-B-17
Hello,
We are in receipt of your Application for Consent, 2019-B-17 dated September, 2019. We have reviewed
the documents concerning the noted Application and have no comments or concerns at this time. hǒƩ
źŭŷ ƚƌƷğŭĻ CğĭźƌźƷźĻƭ ğƓķ /ƚƩƩźķƚƩ \[ğƓķƭγ
ƚƓƌǤ͵
please consult your local area Distribution
Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
http://www.hydroone.com/StormCenter3/
of the map
Page 31 of 397
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If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376
or e-mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
5ĻƓƓźƭ 5Ļ wğƓŭƚ
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com
Page 32 of 397
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Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ
September 26, 2019
File No: 2019-B-7
IMS File No.: CO-301586-091619
Andy Karaiskakis
Secretary-Treasurer
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0
Dear Mrs. Karaiskakis:
Re: Consent Application
114 Line 11 South (Part of Lot 21, Concession 12)
Township of Oro-Medonte
Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Consent
application. We understand that the purpose and effect of this application is to permit the construction of an
accessory building being located in the front yard and exterior side yard. It is noted that a concurrent Zoning By-
law Amendment is required to remove the holding provision from the subject lands and expand the zone
boundaries of the General Commercial (GC) zone on the property to an extent where the proposed development
can be appropriately accommodated.
The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan
(2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities
Act.
Current environmental mapping shows that the subject property is partially within an area governed by Ontario
Regulation 179/06 under the Conservation Authorities Act. This is representative of the associated flood hazard of
the watercourse (Hawkestone Creek). The provided materials indicate the proposed location of the buildings will
be located outside of the flood hazard area. A portion of the stormwater facility is being proposed within the flood
hazard. Accordingly, any site alteration or development within the regulated area will be required to be designed
in accordance with the LSRCA Watershed Development Guidelines and a permit from the LSRCA will be required
prior to any municipal approvals. On this basis, any approval of this application should be subject to the following
conditions:
1. The Owner shall provide payment of $500.00 to the LSRCA as per our approved Fee Schedule for
review of this consent application.
2. That the concurrent Zoning Amendment Application (2019-ZBA-18) be approved.
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Should you have any questions concerning these comments, please do not hesitate to contact the undersigned.
Please advise our office of any decision made with regard to this matter.
Sincerely,
Shawn Filson
Development Planner
For further permitting questions please contact Taylor Stevenson:
Taylor Stevenson
Environmental Regulations Analyst
t.stevenson@lsrca.on.ca
905-895-1281, ext. 483
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CƩƚƒʹ Helen Kim <haekyung@gmail.com>
{ĻƓƷʹ Sunday, September 29, 2019 8:33 AM
ƚʹ Planning <Planning@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Opposition to the Application Requesting Consent to Sever a New Lot (Application # 2019-
B-17) and to the Proposed Amendment to the Zoning By-Law 97-95 (Application # 2019-ZBA-18)
Attn: Andrea Leigh, Director, Development Services
The Secretary-Treasurer
Hi,
My name is Helen Haekyung Kim, a resident at 49 Lakeshore Rd E(Ward 4),
runningHawkestone General Store in Ward 5.
There is a publicmeeting on Oct 2 at 5:30PM. The Purpose of this meeting is to notify and
obtainingpubliccomments on
1.Proposed Amendment to the Zoning By-law
2.Application requesting consent to sever a lot
I am contactingyou prior to the meeting to deliver my opposition on the ground of
1.Is this Desirable and Genuine? Or is this for Quick Money?
2.Environmentally desirable? Do we need more Gas stations on Hwy 11?
--Wet land runs east to west between the Ridge and Hwy 11
3.Impact on the existing business
Attached are my submission letter in oppositionto this application for the zoning amendment in
conjunctionwith Consent to Sever.
Sincerely
Haekyung KIm
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TO: Ms. Andria Leigh
Director, Development Services
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario L0L 2E0
FROM: Haekyung (Helen) Kim
49 Lakeshore Road E
Oro Medonte, ON L0L 2E0
DATE: September 29, 2019
RE: Opposition to the Application Requesting Consent to Sever a New Lot (Application
# 2019-B-17) and to the Proposed Amendment to the Zoning By-Law 97-95
(Application # 2019-ZBA-18)
Dear Ms. Andria Leigh,
I am submitting this letter in opposition to the Application Requesting Consent to Sever a New
Lot (Application # 2019-B-17) and to the Proposed Amendment to the Zoning By-Law 97-95
(Application # 2019-ZBA-18), subject lands in both applications described as being located in
the West Part of Lot 21, Concession 12 (Oro), in the Township of Oro-Medonte.
The Application Requesting Consent to Sever a New Lot (Application # 2019-B-17) shall
Severance Application
Zoning By-Law 97-95 (Application # 2019-ZBA-Zoning By-law Amendment.
The Severance Application and Zoning By-law Amendment is Not in the
Public Interest
Section D2.2.1 of the Township of Oro-Medonte Township Official Plan states that
every application to subdivide land shall conform to Section 51(24) of the Planning Act.
Section 51(24) of the Planning Act outlines the criteria to be considered when reviewing a draft
plan of subdivision. This includes the criteria of whether the plan of subdivision is in the public
interest.
The Severance Application and Zoning By-law Amendment is certainly not in the public interest.
The applicants propose to construct, among other structures, a gas station, a convenience store,
and other retail stores in the lot to be severed. Unfortunately, the Township already has a high
number of gas stations, convenience stores, and retail stores than the population can support. The
fact that many gas stations on Highway 11 have closed over the years and there is already a high
number of vacant retail storefront along Highway 11 are clear evidence of that fact. Another gas
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station, convenience store, and other retail outlets as proposed will increase competition in an
already saturated market and pit businesses against each other in a race to the bottom. This will
accelerate the number of business closures on Highway 11 and in the Township.
The Severance Application and the Zoning By-law Amendment Do Not
Subdivision of Land Policies
Section D2.2.1 of the Official Plan outlines the general criteria that is to be used by
the Committee of Adjustment when considering an application to subdivide land in the
Township. Among the enumerated criteria, the lot to be retained and the lot to be severed, (1)
shall not have a negative impact on the features and functions of any ecological feature in the
area; and (2) shall not have a negative impact on the quality and quantity of groundwater
available for other uses in the area.
The Severance Application and Zoning By-law Amendment will certainly have a negative
impact on the ecological features and functions in the area as well as harm the quality of
groundwater available for other uses in the area.
The applicants propose to construct, among other structures, a gas station in the lot to be severed.
It has been well documented that gas stations can pose significant health hazards to the people
residing in the surrounding areas and environmental hazards to the nearby lands. As people fill
up their gas tanks, gasoline may drip from the nozzle onto the ground, and vapors may leak from
the open gas tank into the air. This can cause air, soil, and water pollution.
What is highly concerning is that the land that is being proposed to be rezoned, abuts an
Agricultural Rural Zone and is in close proximity to an Environmental Protection Zone and a
body of water that is connected to Hawkestone Creek and Lake Simcoe. Wet lands also run
between Ridge Rd. and Hwy 11. Any runoff the from the gas station will cause significant
environmental damage.
The Severance Application and the Zoning By-law Amendment Do Not
CCommunity Vision and Goals and Strategic
Objectives
In its Official Plan, the Township suggests that the excellent quality of life is what makes the
Township a desirable place to live. The excellent
-made structures and
landscaped yards, the Township has an open, relatively natural and rural character. These are the
qualities that, taken together, contribute to the identity of the community that is of the greatest
The Official Plan goes on to explain the environment-f
The Township has a number of significant environmental and topographical features that
contribute to the 'sense of place' felt by many of the Township's residentsThe
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protection of these attributes is a key underlying principle in this Official Plan and for
-
Township. The environment first philosophy is a land use planning philosophy that is to
be considered in making all planning decisions whereby the importance of maintaining,
restoring and where possible, enhancing or improving natural features and ecological
functions is recognized and promoted as a Township priority, to be considered with other
interests in accordance with Provincial Policy and Legislation.
I question whether the Severance Application and the Zoning By-law Amendment is aligned
The Severance Application and Zoning By-law Amendment is Not in the
Provincial Interest
Per Section 51(24) of the Planning Act, adjudicators shall consider whether the effect of
development of the proposed subdivision . Provincial interest, as set
out in Section 2 of the Planning Act, includes, among other interests, protection of the
agricultural resources of the province as well as the mitigation of greenhouse gas emissions and
adaptation to a changing climate.
The rezoning of lands from Agricultural Rural to General Commercial and the construction of a
gas station which will increase greenhouse gas emissions runs counter to the provincial interests.
Conclusion
The Severance Application and Zoning By-law Amendment should not be approved.
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From:Paul Sanderson <psanderson@rogers.com>
To:Andria Leigh <aleigh@oro-medonte.ca>
Cc:. Council <council@oro-medonte.ca>; Robin Dunn <rdunn@oro-medonte.ca>
Sent:Saturday, September 28, 2019, 10:15:27 p.m. EDT
Subject:PUBLIC COMMENT OM 2019-ZBA-18 HAWKESTONE HWY 11 & LINE 11 REZONING
Ms. Leigh, Director,
OM Development Services.
Please accept the following points and discussion as Public Comment for the
Oct 2, 2019 public meeting record regarding the above proposed 2019-ZBA-
18.
A)Address:
1.OM says: West Part of Lot 21, Concession 12 (Oro), in the Township of
Oro-Medonte.
2.Proponent/Ecovue says: 1667 Ridge Road, Part Lot 21, Concession 12.
3.Hydro One says: Oro-Medonte - 1667 Ridge Rd
4.LSRCA says: 114 Line 11 South (Part of Lot 21, Concession 12)
Township of Oro-Medonte. *
(*Sourced from Public documents on the OM website).
It appears as though the real location has yet to be determined. Hydro One
appears to base their assessment on a residential dwelling on the Ridge
Road. Hydro One has given the 'okay' for a location different from how OM
describes it, which is different again from the LSRCA description. Each of the
consulted parties most likely looked at different site locations based on the
inconsistent descriptions provided.
The Proponent is saying the address is 1667 Ridge Rd; however there is no
designation of East or West and the address given is in fact a single family
dwelling zoned residential.
Does the registry actually show this land parcel as Concession 12? Does the
Lot 21 run continuously from Line 12 to Line 11?
B)Settlement Area Description:
1.The Proponent/Ecovue refer to the location as Hawkstone, not as it should
be: HAWKESTONE. This irregularity occurs multiple times on the documents
and strongly suggests neither the consultant nor any proponent contractors
actually put boots on the ground at the site.
C)Ingress/Egress:
There is no other commercial entrance/exit on the Hwy 11 corridor from
Barrie to Orillia exhibiting such a large disparity between the significant
elevation of the Big Curve on Hwy 11 at Line 11S and the very much lower
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elevation of the site, several metres of elevation. To put in perspective, the
elevation is such that a human body lay undiscovered in the area until the
spring when a big rig driver was able to see down the embankment and
discovered the body.
Site lines are already less than ideal due to dip in Hwy 11 over the
Hawkestone Creek and the Line 11 overpass bridge, all just before the Line
11S exit and the notorious Big Curve changing Hwy 11 from Eastbound to
Northbound as the terrain of the Oro Ridge comes to an end in a wetland
between Line 13S and Line 14S. Heavy fuel tankers and increased traffic will
only increase the hazards, especially at night time.
Merging to enter and exit will require major infrastructure upgrades and to
facilitate drainage of snow, water and flood waters.
Why has 'Gasoline Alley' struggled for so many years, why has the Line 7
'Bateman Centre' also struggled to be viable long term commercial entities?
Why did the McDonalds close at Line 1? These basic questions surrounding
economic development need to be solved first with answers. Is it because
Dad's old 50's Buick doesn't need to stop anymore for gas? Is is because
the stage coach doesn't need to stop at Oro Station anymore? If location,
location, location is a true adage, then the motivation for traffic to stop
along the section of the Hwy 11N corridor in question through Oro-Medonte
must be very clear. The motivation must match the development service
offered, not a build the undifferentiated service and they will stop strategy.
Will existing longstanding local businesses in the hamlet be forced to close?
Support of the existing hamlet businesses is required or no net economic
activity is contributed. The market is not unlimited for the proponent's
project.
Ingress and egress from the proposed facility site will add more hazard to
already compromised sight lines. Common sense says a 'service' facility
shouldn't be located on a curve.
D) Hawkestone Creek:
The LSRCA must be given the lead regulatory/agency status on this proposal
as the flood waters every spring run from East to West across Line 11S to
the Creek itself and from there through the village of Hawkestone and on to
Lake Simcoe. In some years, the water almost submerges Line 11S as it
stands now.
Any elevation of the site in question to the Hwy 11 elevations will further
disrupt flows add yards of fill.
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The re-jigging by development of the natural flows with spillways, large
septic systems, and redirection does not account for any impact from the
west side of Line 11S to the Creek, Village homes, and on to Lake Simcoe.
From the Proponent's own PowerPoint presentation:
E) "SECTION A4 SETTLEMENT AREA STRATEGY
A4.2.1 Hawkestone
Hawkestone has been under a considerable amount of pressure for
development for a number of years. The hamlet has been
identified as a growth centre since 1978, when the Hawkestone Secondary
Plan was approved by the Province. Since that date, only a limited amount of
development has occurred due to the poor quality of the soils for the
installation of private septic systems.
Hawkestone has been selected as a settlement area that should
develop on full sewer and water services because:
its development is not expected to have an impact on agricultural uses;
The preparation of a Secondary Plan and a master servicing plan will be
required before any development occurs in this settlement area.
It is intended that the communal sewer and water services in
Hawkestone be owned by the municipality."
There are already concerns surrounding the viability of home septic systems
along the Creek through the hamlet and it makes no sense to add additional
septic systems loading partially onto a tributary flowing directly into the
Creek. A system 'under water' is compromised, won't perform and damages
downstream.
As the Deputy Mayor, a professional agriculturalist, has revealed he will
recuse himself for a pecuniary interest of renting this Agricultural zoned site,
it seems agriculture WILL be impacted. The removal of this land from the
Agricultural Zoned registry will further negatively impact agriculture in
contravention of the Settlement Area Strategy A4.2.1.
It is very clear the intent of the Settlement Area Strategy is to not have an
impact on agricultural uses. The Rezoning of Agriculture land to General
Commercial land is not in compliance and must not proceed. The rezoning is
also not socially accepted very well in today's society at large.
It is also very clear significant additional planning & infrastructure will be
required before any development compliant with the Settlement Area
Strategy occurs in this settlement area.
Please do not approve the proposed Rezoning 2019-ZBA-18 in it's current
form nor the associated Severance Consent 2019-B-17, the latter to create
commercial from agricultural land. Any proposal to develop agricultural land
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and watershed areas requires very detailed diligence and investment to
address the above essential issues. As many points are undetermined as
detailed, much more work is required.
Thank you in advance for your accounting of these issues in your decision
process...water and agriculture are both extremely important for a superior
and sustainable quality of life. Water and agriculture must never be
sacrificed for a developer's possible dollars. Other alternatives need to be
found.
Sincerely,
Paul Sanderson,
2251 Lakeshore Rd East,
Hawkestone,
Oro-Medonte, ON L0L 1T0.
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From: Steve Davie <stephen.davie@sympatico.ca>
Sent: Monday, September 30, 2019 1:43 PM
To: Planning <Planning@oro-medonte.ca>
Cc: Steve Davie <stephen.davie@sympatico.ca>
Subject: Application-ZBA-18 (#11 and LIne 11 old Oro)
September 30, 2019
Attention Oro Township Planning Board
Re: Above-noted application for severance to accommodate a commercial operation
Dear Planning Board Members and Concerned Public
I am a lifelong resident of this area, and am very familiar with the Oro Medonte planning
area as both a resident and a business person here, as well as a former Deputy Reeve
and Reeve of the Oro part of Oro Medonte. This application was brought to my attention
by local residents concerned about some of the realities of what the future might unfold
should this application be approved and the project built out.
I was on council when Heidi’s Village was first approved for a full service campground.
The proponent was well back off the intersection and was made to build a major service
road aswell as provide many other saftey and environmental considerations before the
project could proceed. The north side of the highway at line 11 has in my view been well
planned, and is an excellent job ant tax provider for the township.
The above-noted application shares the same intersection, but kitty-corner, in fact on
the south east corner of line 11 and Highway 11. Looking at the map on the application
is an accurate picture of the presentation, however some aspects of this proposal are
not evident on a survey.
This intersection is not an intersection on a municipal or regional road, but rather it is a
corner on the Trans Canada Highway, which is subjected to routine traffic volumes that
are too often extreemly high and the flow from which creates considerable volatility. The
MTO in this case, is in the business of providing and improving safe highways and
biways in Ontario, not for providing easy commercial locations which create
considerable, clear and often dangerous traffic problems which endanger human life
and health.
Please consider the visual presentation of the intersection involved here, from the
vantage point of a north bound vehicle….a potential customer for gas or quick food
perhaps. The site being considered is 100% obliterated by a mountaneous grassed
ramp which services the flyover approach to the bridge crossing the highway. There is
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virtually no visual opportunity to preview the proposed site and the complications of
accessing it at the point where traffic must access line 11 to head towards Hawkestone
or north across the bridge to Heidi Village or on north on the same concession. This
visual blackout makes a driver who might consider these facilities, a victim of
circumstances. If he or she is not in the curb lane, they would need to cut across the
outside lane to turn. Their decision time to turn if they had not previewed the site, would
be far to short for vehicles travelling at the speed which they do on #11 at that location,
to exit safely. In fact, the exit would be dangerous in theextreme for anyone deciding
last minute to access the site so well masked by the bridge ramp. In short, the MTO
should be apprised of the lurking dangers in this proposed development, and given the
growing nature of seasonal and tourist traffric as well as commuter traffic on #11
Highway, this application in the view of many township residents and general public
users of #11 highway, should not be approved as presented.
When you look at the map, on the west side of Line 11 immediately across the road
from the subject property and on the same south side of #11, you will encounter a
parcel of land which is a severed parcel which fronts on Line 11, Highway 11 and the
overpass road leading westward and northward eventually crossing the highway bridge.
This parcel too is tucked in behind the huge tall earth mound ramp to the bridge, and is
also virtually invisible to the north bound driver, as it the subject property. I well
remember the previous owner of that property, now deceased, being frustrated because
the township and other officials refused to allow him to do anything but grow hay and
farm crops on that approximately 5 acre piece of land. Eventually he accepted that the
public safety was more important than some sort of limited commercial success.
The severance is being proposed to come off of an original farm lot which has two
residential homes indicated on the plan on the application. Those severences are well
back from the highway and these structures built at a time when the highway was much
less busy and dangerous. The issue becomes of the use of that farmland. It is most
assuredly among Ontario farmland classifications 1 to 4 although I am not sure what
those proportions are. It has been a very productive grain producer as well as corn, for
many many decades, as well as originally a pasture for cattle. The Ministry of
Agriculture has a mandate to protect those agriculture lands, especially where other
concerns are raised, in this case, being adjacent to a dangerous blind highway
intersection with abusy concession road, and also being a blind spot due to the huge
filled bridge abuttments for the crossover bridge there located.
Should this proceed, we would be forced to accept a virtually blinded or shielded exit to
a site simply perched there to access traffic which is not able to access safely. In fact as
you head north on #11 at this famous “Big Curve”location, the highway curves to the
north. This curving feature makes the site even more invisible from northbound #11
traffic approaching the huge high solid ramps to the overpass bridge. This the MTO
should immediately recognize. In fact, the planning board I would hope, has visited the
site and approached it from the #11 north lanes. The blocked view due to the ramp,
would absolutely provide additional traffic concerns, especially with last minute lane
changes and last minute decisions to exit to access the site. Should there be accidents
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there, they will be potentially very serious. No engineer can eliminate the blockage of
the view which presentsthe safety concern. Local farmers are being denied severences
for more and more reasons that seem so unfair. Here, we are witnessing an application
for a severence off of a viable farm field, historically productive and well established,
and not for a retiring farm family wishing to build their retirement home on their lands.
We are considering producing this assured traffic and life danger merely for the pursuit
of profit. Should the board truly perhaps consider this: indeed one might compare the
merits of many farm severence applications denied here, to this application which will
absolutely be the cause of a serious accident or accidents for years to come. Many
people travelling on #11 Highway are from the cities to the south and from all across
this country and the USA. However I would ask the board, with respect, to consider that
every day people from Hawkestone exit the #11 highway at that intersection, and
somehow adding more danger to that corner is simply not seemingly acceptable. The
MTO have a responsibility here, but indeed mores does the local Planning Board and
Council.
Further, regarding the drainage from the field from which the severence applied for is
proposed to be taken from. To the west of the site is the HawkestoneCreek, which
always was the cleanest flow of local water to enter Lake Simcoe. It still houses natural
speckled trout. It would be interesting to know how the spring flood waters and drainage
from these properties end up in Lake Simcoe. In this regard theLake Simcoe
Conservation Authority would be well advised to review carefully, the long term
implications of this proposal on drainage and migration of waters off the site, especially
given the uses proposed.
I believe as do many others, that this proposal presents serious challenges to the health
and well being not only of area residents using the exit from #11 intro concession 11,
but also to innocent people..families and professional drivers alike, who would have to
contend with a virtually unseen commercial facility exit-to-access behind a huge
highway overpass earth ramp, and to execute an exit on a multi lane route in busy
traffic, and often in very difficult driving conditions including snowy conditions of a
severe nature.
I would ask that these comments be read at the public meeting, and circulated at the
meeting, and that they be circulated to the ministries involved, namely Agriculture,
Environment, Lands and Forests and of course the MTO and as well the Lake Simcoe
Conservation Authority.
I would remind you that there is a site zoned for highway service commercial use and
which provides a truck stop restaurant, at line 5 and #11. That site is not visually
blocked by the overpass at that location, and indeed it consists of approxzimately 1000
feet of frontage on the highway as well at to the local road. It would seem that the
speculation regarding that 10 acre site at the truck stop at line 5 overpass, indeed will
sooner than later be an application for redevelopment. We have seen such
improvements at other traditional sites along #11. At the line 5 truck stop site…visibility
is not a concern, and the site is not directly at the highway intersection. And there are
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other flyover locations yet undeveloped across the township which provide access
without the risk of killing people.
Please accept these comments as being sincere and untainted with any connection
whatsoever to this application or any other commercial location or operation anywhere
in the township. This application is in my view, blightedby the high probability of danger
and death of innocent people. We all know that people driving the highway burn fuel
and eat. It is simply a matter of planning in a manner that accomodates the business
growth, without causing gross and indecent assaults on the public, both young and old
alike.
I was on council before #11 was divided by the silly little low barrier. We watched the
flyovers arrive, one at a time, lines 3, 5, 7, 9, 11 and the town line. Now, theh traffic is
hugely increased and even the divided highway is still some days a virtual death trap. I
recall the horrors of such accidents over the years, and the nightmarish stories from our
firefighters who were so often first on the scene where peoplein pain were dying. Since
1985 when I last was Reeve, I have never commented on any township item. I chose to
submit this, because I feel that first and foremost, our local officials must address the
issues of safety and life for all. This application insofar as I am concerned, is the only
life threatening application I have encountered since I left the council chambers 34
years ago.
Thanks. Hopefully this application will be considered with safety at the foreground, and
the environment and farm use in full sight as well. People are counting on you to keep
us safe. Occupations like growing crops or pumpiong gas, are secondary
considerations. Please do your best for all.
Sincerely Yours:
Stephen C. G. Davie
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September 30, 2019
**VIA EMAIL**
Derek Witlib, MCIP, RPP
Manager, Planning Services
Township of Oro-Medonte
148 Line 7, Box 100
Oro, ON L0L 2E0
Dear Mr. Witlib,
RE:Proposed Zoning By-law Amendment and Consent Applications
Subject Lands: Part of Lot 21, Concession 12 (Oro) Township of Oro-Medonte, County of
Simcoe
Property Owner: Hang Gao
County File: OM-B-19021, OM-PRE-1808
Township File: 2019-ZBA-18, 2019-B-17
__________________________________________________________________________________
Thank you for circulating the County regarding the above-noted applications. Planning and
Transportation & Engineering staff have reviewed the application and afford the following comments:
Planning Comments
It is County Planning staff’s understanding that the applicant is proposing to create one new commercial
lot with an area of approximately 1.49 hectares (3.68 acres). The proposed retained portion of the subject
property would be approximately 36.86 hectares (91 acres). We understand the purpose and effect of
the proposed Zoning By-law Amendment is to permit a commercial development proposed to consist of:
Convenience store and coffee shop with drive-thru window;
Gas pumps, electric vehicle charging stations and canopy;
Pharmacy and retail stores; and
A dog park.
The subject lands are designated “Settlements” on Schedule 5.1 Land Use Designations to the County
of Simcoe Official Plan. From a County of Simcoe Official Plan perspective, settlement areas and the
lands within the Settlement designation are to be the focus of population and employment growth within
the County.
The subject lands are designated “Hawkestone Expansion Area” on Land Use Schedule A to the
Township of Oro-Medonte Official Plan. Section C3.3.2.4 Hawkestone Expansion Areastates that the
“permitted uses in the Hawkestone Expansion Area designation are limited to agricultural uses and uses
that existed on the date the Plan was adopted by Council. Notwithstanding this policy, Councilmay
consider the zoning of lands at the southeast corner of Highway 11 and the 11th Line for commercial
purposes… Matters to be considered by Council before making a decision on such a zoning shall be
whether the development of commercial uses on private services in this location is premature and in the
public interest in advance of the preparation of the Secondary Plan required by Section C3.3.3.5.”
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It would need to be demonstratedto the satisfaction of the Township that the proposal to develop
commercial uses on private services is not premature and that it is in the public interest to proceed with
the developmentat this time.
Transportation & Engineering Comments
The existing right-of-way on County Road 20 adjacent to the subject property is approximately 26.0
metres wide. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right-
of-way width for County Road 20 is 30.5 metres.County staff has reviewed this requirement and feel that
the full right-of-way width is necessary for future road maintenance, road improvements and stormwater
flow from County Road 20. In order to meet this right-of-way requirement, the County will require a road
widening of approximately 3.25 metres.
The County of Simcoe has no objection to the approval of the application, provided the following condition
is included:
1.The applicant shall transfer to the Corporation of the County of Simcoe (“County”), at no cost,
a fee simple, unencumbered interest in the following:
A road allowance widening along the entire frontage of the subject property adjacent
to County Road 20 to provide a 15.25 metre right-of-way from the centre line of
County Road 20.
The Applicant shall submit to the satisfaction of the County’s Transportation and Engineering
Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road
widening to be transferred to the County. Upon approval, the Countywill instruct the surveyor to
deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor
provide the County with 1 copy and 1 electronic copy of the deposited reference plan.
All costs associated with the land transfer, including costs relating to surveying, legal fees, and
disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal
documentation is to be negotiated, prepared and registered by the Legal Services Department of
the County and to be executed where required by the Applicant. The Applicant shall submit to
the Legal Services Department of the County a deposit in the amount of $1000.00 prior to the
services being rendered. Invoices will be submitted on a cost recovery basis and applied against
the deposit. Additional deposits may be required, and any excess over the total invoices will be
refunded.
The County of Simcoe is requesting the road widening pursuant to sections 53(12) of the Planning
Act and such land will form part of the highway to the extent of the designated widening in
accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 20 is
required pursuant to the County’s standards for construction and is consistent with proper safety
standards.
Prior to stamping of the deed by the Township of Oro-Medonte, the Applicant shall obtain written
clearance from the County for the above-noted condition.
The County of Simcoe Entrance By-law No. 5544 regulates the construction, alteration or changein the
use of any private or public entranceway, gate or other structure or facility that permits access to a County
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road. The County of Simcoe has no record of an Entrance Permit being issued for this property. The
County is requesting that the owner apply for a Commercial Entrance Permit.
The County of Simcoe Setback By-law No. 5604 regulates the location of buildings and other structures
on lands adjacent to County Roads. Any new buildings and other structures must be located 10.0 metres
from any requested road allowance widening.
Thank you for the opportunity to comment on this proposal. The County would appreciate being informed
of any updates regarding these applications. If you have any questions, please do not hesitate to contact
the undersigned or Stefanie Throne at 705-726-9300 extension 1006 or stefanie.thorne@simcoe.ca.
Sincerely,
The Corporation of the County of Simcoe
Adrianna Spinosa, MCIP RPP
Planner II
P: 705-726-9300 x1912
E: adrianna.spinosa@simcoe.ca
Cc.Dan Amadio,Manager of Planning –Countyof Simcoe
Stefanie Thorne, Engineering Technician II –County of Simcoe
Julie Scruton, Manager of Transportation Construction –County of Simcoe
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From: Farida Jones <farida.jones@rogers.com>
Date: 2019-10-02 8:30 AM (GMT-05:00)
To: ". Council" <Council@oro-medonte.ca>, "Leigh, Andria" <aleigh@oro-medonte.ca>
Cc: kkmarlow@bell.net, rsharon@royallepage.ca
Subject: re-zoning application and consent 2019 ZBA-18
Dear Council members and Ms. Leigh
Please accept these comments regarding the above re-zoning application and
consent application. I object to this application for the following reasons:
This development appears to be on a blind curve on Highway 11 and there are
many factors which would need to be addressed including road, ramp, drainage
improvements required.
Re-zoning agricultural to commercial goes against provincial the policy
statements, The current OM official plan and the proposed OM official plan which
I understand will not be recommending expansion of the Hawkestone Settlement
area.
There is no need for this gas station as a few kilometers in both directions on
Highway 11 are full services and are Oro-Medonte taxpayers.
As a local realtor for 29 years and long-time resident of Oro-Medonte, I can tell
you this development will have a negative impact on the existing convenience
store which is very close-by on line 11 south. This corner store with LCBO has
served the Village for decades and exists in a 100 year old building in keepingwith
the quaint walkable neighbourhood that is Hawkestone.
When we allow a large commercial enterprise to be built so close to an existing
existence. Do we really want to encourage this type of development in our
sensitive rural villages by the lake?
Sincerely,
Farida Jones
Royal LePage First Contact
Realty Brokerage
299 Lakeshore Dr., Suite 100
Barrie, ON L4N 7Y9
Toll free:800-367-2037
Cell:705-791-9965
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Rural Settlement Area
Rural Settlement Area
Rural Settlement Area
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Hawkestone Residential
Hawkestone Residential
Hawkestone Expansion Area
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Flow
0.24
Conservation
2
I986
undcrbrush
Initial abstraction/depression storage
Lawns
WoodsImpervious
areas
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UNESCO, Manual on Drainage in Urbanized Areas, 1987.
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8312-001 Page 1
Planning Environmental GeotechnicalBuilding Sciences Construction Testing& Inspection
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1880
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Figure 1 –Location
inc.
consulting
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Figure 2 –Concept
Land Use
Figure 2 –Concept Plan
Figure 2 –Concept Plan
Planning Act
Natural Features
inc.
Figure 3 –Consent Sketch
consulting
Plan
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Building Strong and Health Communities
inc.
Land Use
consulting
2.1.1 Managing and Directing Land Use
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Sewage, Water
Rural Areas
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Healthy, integrated and viable rural areas should be supported
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Settlement Areas
inc.
“Where municipal sewage services and municipal water services or privatecommunal sewage services and private communal water services are not provided,individual on-site sewage
seused provided that site conditions are suitable for the long-term provision of suchservices with no negative impacts. In settlement areas, these services may only beused for infilling
and minor rounding out of existing development”.
shall be the focus of growth and development and that their vitality and regeneration shall be
consulting
promoted”by…promoting diversification of the economic base and employment opportunities through goods andservices…and Stormwater2.1.2 Infrastructure and Public Service Facilities
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“Planning for stormwater management shall:
inc.
andand re-use, and low impact development”.
1) Minimize, or, where possible, prevent increases in contaminant loads;2) Minimize changes in water balance and erosion;3) Not increase risks to human health and safety and property
damage;4) Maximize the extent and function of vegetative and pervious surfaces;5) Promote stormwater management best practices, including stormwater attenuation
consulting
2.1.3 Economic Prosperity
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chaeological resources or
ss… g) providing
except in accordance with
i)promoting energy
containing ar
upported by: a) promoting opportunities
investment-readine
Cultural Heritage and Archaeology
teration shall not be permitted on lands
inc.
“Long-term economic prosperity should be sfor economic development and communityopportunities for sustainable tourism development…conservation and providing opportunities for development
or renewable energysystems and alternative energy systems, including district energy; j) minimizingnegative impacts from a changing climate and considering the ecological benefitsprovided
by nature…”
consulting
Development and site al
2.1.4 Natural Heritageprovincial and federal requirements2.1.5Cultural Heritage and Archaeologyareas of archaeological potential unless significant archaeological resources have been
conserved
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Figure 4–
Lake Simcoe Protection
Planning Act
inc.
consulting
2.1.6 SummaryActLSPP Area
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Municipalities
Municipalities
Lake Simcoe
Arterial
consulting
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re; or c) the establishment of a
2
floor area of 500 square m or mo
inc.
development consisting of: a) the creation of four or more lots; b) the construction of a
consulting
2.2.1 Water Qualitybuilding or buildings within a ground major recreational use
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ng construction and
removed. The facility should
maintenance followi
new on-site sewage system or subsurface sewage works
Every owner and operator of a new stormwater management works
and debris and trash should be
minimum necessary to carry out development activity;
a) Keep the removal of vegetation, grading and soil compaction to the
inc.
The facility should have a minimum of
Municipalities shall ensure that the following measures are incorporated into
planting. The outlet pipes should be checked twice a year to ensure they are notplugged or clogged,not be mowed and allowed to grow long and any mowing that does occur shouldnot direct
clippings into the cells
subdivision agreements and site plan agreements \[to mitigate atmosphericdeposition\]:
consulting
in the Lake Simcoe watershed shall be required to inspect and maintain the works on a periodic basisshall not be permitted within 100 metres of the Lake Simcoe shoreline, other lakes,
or any permanentstream…”
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Policies of 6.32-6.24-DP
grading or construction;conditions permits; andEnsure erosion and sediment controls are implemented effectively
b) Removal of vegetation shall not occur more than 30 days prior toc) Put in place structures to control and convey runoff;d) Minimize sediment that is eroded offsite during constructions;e)
Seed exposed soils once construction is complete and seasonal
inc.
“An application for development or site alteration shall, where applicable:
consulting
2.2.2Shorelines and Natural Heritageapply to existing settlement areas and areas of Lake Simcoe adjacent to these lands
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s as wildlife habitat and
the buffer shall be composed of and
valleylands or riparian area
lt of the application of the PPS,
Where, through an application for development or site alteration, a buffer is
inc.
riparian areas;plants and animals to use movement corridors;quantity of urban run-off into receiving streams, lakes and wetlands; andadjacent to Lake Simcoe to a minimum of 30 metres
where feasible
Establish or increase the extent and width of a vegetation protection zone
a) Increase or improve fish habitat in streams, lakes and wetlands, and adjacentb) Include landscaping and habitat restoration that increase the ability of nativec) Seek to avoid,
minimize and/or mitigate impacts associated with the quality and
consulting
required to be established as a resumaintained as natural self-sustaining vegetation”.
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to
Planning Act
inc.
consulting
2.2.3 Summaryestablish a unique land use planning framework for the Greater Golden Horseshoe that supportsachievement of complete communities, a thriving economy, a clean healthy environment,
and socialequality
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including
stewater systems; or
ter and wastewater systems; and
integrate green infrastructure and
unicipal water and wa
anned municipal wa
prove resilience and reduce greenhouse gas emissions,
or planned m
growth will be limited in settlement areas that: i) are rural
e existing or pl
vast majority of growth will be directed to settlement areas that: i) have
inc.
consulting
mitigate and adapt to climate change impacts, im
2.3.1Managing Growth -Section 2.2.1 of the Growth Plana delineated built boundary; ii) haviii) can support the achievement of complete communitiessettlement areas; ii) are not serviced
by existing iii) are in the Greenbelt Area”residential and employment uses, and convenient access to local stores, services and public servicefacilitiesand contribute to environmental
sustainabilityappropriate low impact development
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serve the needs of rural residents
“Municipalities are encouraged to plan for a
Section 3.2.7 of the Growth Plan
Rural Areas
portunities within rural settlements to
Section 2.2.9 of the Growth Plan
a) is informed by a sub-watershed plan or equivalent; b) incorporates an integrated treatment approach to minimizestormwater flows and reliance on stormwater ponds, which includesappropriate
low impact development and green infrastructure; c) establishes planning, design, and construction practices to minimizevegetation removal, grading and soil compaction, sediment erosion,
andimpervious surfaces; and d) aligns with the stormwater master plan or equivalent for thesettlement area, where applicable”
inc.
Proposals for large-scale development proceeding by way of a secondary plan,
plan of subdivision, vacant plan of condominium or site plan will be supported by astormwater management plan or equivalent, that:
Rural Areas –Stormwater Management –
consulting
2.3.2variety of cultural and economic opand area businesses2.3.3
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Beyond the Natural Heritage System for the
is consistent with the PPS; and b) may continue to
municipality: a) will continue to protect any other
Chapter 4 of the Growth Plan
Protecting what is Valua
d areas in a manner that
inc.
Protecting What is Valuable –
consulting
2.3.4Growth Plan, including within settlement areas, the natural heritage features anprotect any other natural heritage system or identify new systems in a manner that is consistent
with thePPS
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to foster a sense
Section 4.2.7 of the Growth Plan
Chapter 6 of the Growth Plan
inc.
Cultural Heritage Resources –Simcoe Sub-area –
consulting
2.3.5of place and benefit communities…2.3.62.3.7 Summary
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in fish habitat except in
limited forms of growth will be permitted in
Subdivision of land by plan of subdivision
Figure 5 –Schedule 5.1
ovincial and federal requirements
inc.
Lots may be created only where they have access to and frontage on a public highway and
within settlement areas, development may be approved in accordance with Section 3.5
consulting
settlement areas that are serviced by other forms2.4.1Lot Creationor consent, or plans of condominium, are permitted only for the land uses permitted in the designation orthat maintain
the intent of the Plan’s objectives and policieswhere an access permit to that highway can be obtained in accordance with the policies of this Plan andthe County of Simcoe, the Province
of Ontario, or local municipalities2.4.2 Natural Heritageaccordance with pr
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applications to undertake
on adjacent lands to the natural heritage
in the habitat of endangered species and
ve impacts on the natural features or on their
considered to be: a) within 120 metres of habitat
provincial and federal requirements”
shall generally be
of commercial…development
in accordance with
proponents
inc.
shall be prepared in accordance with the Stormwater Management Planning and Design
shall require
and implement a Traffic Impact Study (TIS) to the satisfaction of the appropriateroad authorities when the proposed development is on or would affect County
consulting
threatened species, exceptfeatures and areas listed above, unless the ecological function of the adjacent lands has been evaluatedand it has been demonstrated that there will be no negatiecological
functions. Adjacent lands of endangered species and threatened species…”2.4.3 Stormwater ManagementManual (Ontario Ministry of Environment, 2003) and the Fish Habitat Protection Guidelines
for DevelopingAreas (Ontario Ministry of Natural Resources, 1994) or their successors”2.4.4Traffic Impact Study
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at its access, at nearby intersections
the main purpose of the Traffic Impact Study is to examine the impact of
inc.
Roadstraffic generated by the proposed developmentand interchanges to determine any necessary highway design improvementsrequired. The Traffic Impact Study will assess the existing traffic
conditions and thetraffic volumes generated by the proposed development at the date of opening, 5-and 10-years horizons beyond full build-out of the site
consulting
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to promote
sustainable
to focus population and employment growth and
that are
phasis on primary settlement areas, in accordance
and employment growth and their vitality and
develop mixed use settlements as strong and vibrant central places
Settlements
ements and communities
inc.
Land Use Designation –
consulting
Settlement areas shall be the focus of population
2.4.5development within settlements, with particular emwith the policies of this Planand to create healthy settldevelopment forms and patterns which minimize land consumption and servicing
costsregeneration shall be promoted
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fish habitat
wherever they occur in the County
ed species and threatened species
inc.
consulting
habitat of endanger
2.4.6 Greenlands2.4.7 Lake Simcoe Protection Plan2.4.8 Policy Statements
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their related hydrologic
the County shall protect, improve or
that these features and
e ground water features such
development form shall facilitate accessibility for persons with disabilities andland use planning and development within development and site alteration shall be restricted in or near
sensitive surface
inc.
consulting
older persons by identifying, preventing and removing land use barriers which restrict their fullparticipation in societyrestore the quality and quantity of water and related resources
and aquatic ecosystems on an integratedwatershed management basiswater features and sensitivfunctions will be protected, improved or restored
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tions recognizing linkages
Natural Features
ures and ecological func
Figure 7 –Natural Features
atures and areas, surface water features and ground water
maintain, restore, and where possible, enhance or improve the
Figure 6 –Land Use).
Land Use
inc.
consulting
2.4.9 Summary2.5.1 Natural Heritagediversity and connectivity of natural heritage featbetween and among natural heritage fefeatures
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inc.
a) proposed use is compatible with the character of the settlement area; b) proposed use serves the needs of the settlement area and/or the rural area;
consulting
2.5.2Rural Settlement Areas
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provided on the
Council may consider the zoning
th
ies and landscaping can be
and loading facilit
Special Policy
inc.
means of sewage disposal; site;
c) the proposed use can be serviced with an appropriate supply and appropriated) adequate parking
to promote the development of a broader range of community amenities in the Hawkestone area
Hawkestone –
consulting
2.5.3of lands at the southeast corner of Highway 11 and the 11 Line for commercial purposes in the
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prior to the creation of any new
lable to service the new lot
water will be avai
inc.
consulting
Implementing Zoning By-law. Matters to be considered by Council before making a decision on such azoning will be whether the development of commercial uses on private services in this
location ispremature and in the public interest in advance of the preparation of the Secondary Plan…2.5.4 Servicing Strategylot in a settlement area that is to be serviced by a private
septic system, Council shall be satisfied thatthe soils are appropriate for the construction and use of private septic system on the lot. If the lot is to beserviced by a private well
or the municipal water supply system, Council shall be satisfied that anadequate supply of potable
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will have no significant impacts requiring changes
ment proposed either adjacent to or in the vicinity
All major commercial, industrial, institutional and residential development
any development with buildings, structures, parking areas, and/or driveways that have
inc.
may require archaeological impact assessments, survey and the preservation or rescue
consulting
A traffic impact study may be required for some develop
2.5.5Traffic Impact Studiesof provincial highways or County Roads which may have an impact the highway or County Roadto the geometric conditions of Highway 11 or 11 Line S or 11 Line
N or the Highway 11 overpass2.5.6Archaeological Resourcesexcavation of significant archaeological resources which might be affected in any future development, incooperation with the
Ministry of Citizenship, Culture and Recreation2.5.7 Stormwater Management Reportsproposals shall be supported by a Stormwater Management (SWM) reporta combined area of more than
500 square metres
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inc.
consulting
2.5.8 New Lots by Consent
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Figure 8 –Zoning Excerpt
inc.
Figure 9 –Zoning Sketch
consulting
2.5.9 Summary
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feet) of the boundaries of the
Figure 9 –Zoning Sketch
cated within 30 metres (98.4
Environmental Protection Zone
inc.
consulting
Notwithstanding any other provision in this By-law, no building or structure, with the exception of
2.6.1 Commercial Zones Permitted Uses2.6.2Setbacks from Limits ofboathouses and pumphouses, shall be loEnvironmental Protection Zone
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RequiredProposed
feet), one loading space is required
Concept Plan
inc.
consulting
If the use, or a combination of uses, has a gross floor area of between 301 and 2300 square metresLoading spaces shall be located only in an interior side yard or rear yard and on the
same lot as the use,
2.6.3 Standards for Commercial Zones(3240 and 24758 square or combination of uses, requiring the loading spaces
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no more than 50 percent of the required front
each space shall have a width of not less than 3.0 metres and a length
inc.
Parking Area and Driveway Regulations
Concept Plan
consulting
Convenience retailstoreRestaurant, drive-thruPersonal serviceshopTotal
2.6.3.2.1of not less than 6.0 metresyard or exterior side yard on lots abutting Highway 11 in the General Commercial (GC) or Economic
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–Concept
e be required for every
Figure 9 –Zoning Sketch
onal accessible parking spac
the minimum number of designated parking spaces
Parking areas shall be located no closer than 1.0 metre to any
and that one additi
inc.
consulting
Draft ZBA Text and Schedule
Development (ED) Zones shall be used for parkinglot line in the General Commercial (GC) and the Economic Development (ED) Zonesthat must be provided shall equal one (1) accessible parking
space required for any parking area requiredto have 10 or more parking spaces 100 parking spaces thereafterPlan2.6.4 Summary
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Planning Act
inc.
consulting
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Tel (705) 652-8340Fax (705) 652-1607info@ecovueconsulting.com
25 Reid StreetP.O. Box 129Lakefield, OntarioK0L 2H0
In support of a proposed
Commercial Service Station
EcoVueConsultingServicesInc.
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to promote the
development of a broader range of community amenities…” (Section C3.3.2)
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6.a) 6:00 p.m. Report No. DS2019-126, Catherine McLean, Planner re: Mino...
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CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 10:04 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-49) McCulligh
Building Division comments are as follows;
1. Applicant/owner will be required to obtain a building permit for the structure
subsequent to obtaining planning approval.
Thank you,
Garry McCartney
Chief Building Official
Township of Oro-Medonte
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CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 3:28 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-49) McCulligh
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
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From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Wednesday, September 18, 2019 11:17 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-49) McCulligh
Teresa
Operations has no objections to this application.
The applicant is to be made aware of the requirement to obtain a Road Entrance Permit
prior to commencing work.
Justin
JustinMetras
Manager, Infrastructure and Capital ProjectsTownship
of Oro-Medonte
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CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Tuesday, September 17, 2019 5:08 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Waters, Danielle <dwaters@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-42) Robu
The Building Division has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
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From: Shawn Filson <S.Filson@lsrca.on.ca>
Sent: Wednesday, September 18, 2019 10:49 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-42) Robu
Hello Teresa,
s dated August 19, 2019 would not change (see attached). If you have any
further questions please feel free to ask.
Shawn Filson, MSc.
Planner 1
Lake Simcoe Region Conservation Authority
120 Bayview Parkway,
Newmarket, Ontario L3Y 3W3
905-895-1281, ext. 229 | 1-800-465-0437 |
s.filson@LSRCA.on.ca | www.LSRCA.on.ca
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6.b) 6:10 p.m. Report No. DS2019-123, Danielle Waters, Planner re: Minor...
Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ
August 19, 2019
File No: 2019-A-42
IMS File No.: VA-190370-070819
Andy Karaiskakis
Secretary-Treasurer
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0
Dear Mrs. Karaiskakis:
Re: Minor Variance Application
259 Moon point Road
Township of Oro-Medonte
Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Minor
variance application. We understand that the purpose and effect of this application is to permit the construction
of a detached accessory building with a porch located 15 metres to the average high water mark of Lake Simcoe.
The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan
(2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities
Act.
Current environmental mapping shows that the subject property is partially within an area governed by Ontario
Regulation 179/06 under the Conservation Authorities Act. This is representative of associated shoreline flooding
and erosion setback.
The provided materials indicate the proposed location of the addition is within an area governed Ontario
Regulation 179/06. Accordingly, any site alteration or development within the regulated area will be required to
be designed in accordance with the LSRCA Watershed Development Guidelines and a permit from the LSRCA will
be required prior to any site alteration or development. On this basis, any approval of this application should be
subject to the following conditions:
1. The Owner shall obtain a permit from LSRCA for works within the regulated area. Inclusive of the
permit shall be the requirement of a planting plan to revegetate the disturbed shoreline area.
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Should you have any questions concerning these comments, please do not hesitate to contact the undersigned.
Please advise our office of any decision made with regard to this matter.
Sincerely,
Shawn Filson
Development Planner
For further permitting questions please contact Kristin Nyborg:
Kristin Nyborg
Environmental Compliance Officer
k.nyborg@lsrca.on.ca
905-895-1281, ext. 329
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CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Thursday, September 19, 2019 11:11 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-42) Robu
Teresa
Development Engineering has No Objection to the above noted Application.
An Engineered Lot Grading Plan may
Permit Application
depending on proposed grading, foundation and access.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
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From: Gene Kharlip <gkharlip@firstlibgroup.com>
Date: September 23, 2019 at 12:19:18 PM EDT
To: planning@oro-medonte.ca
Subject: Application-A-42 259 Moon Point Road
Best regards Gene and Lilia kharlip 1 Warbler way
I am against this application because they use this property do commercial reasons (rent property
on RB&B every week)
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CƩƚƒʹ Tim FERRIS <tcferris@rogers.com>
{ĻƓƷʹ Monday, September 23, 2019 10:27 AM
ƚʹ Planning <Planning@oro-medonte.ca>
{ǒĬƆĻĭƷʹ Application 2019-A-42
Dear Secretary-Treasurer
We are opposed to the variance 2019-A-42 at 259 Moon Point Rd. We feel this residence is
being used as a short term rental. We walk by daily and see a number of different cars parked
there. Usually two to three cars at a time and always different makes of cars.
Both proposed buildings are not within the guidelines of Oro-Medonte or Lake Simcoe. Building
1was built without a permit. They are not for personal use as this residence is being used as a
commercial property.
As ambassadors for Lake Simcoe we should be protecting the lakeshore. In allowing the
proposed buildings, you will also be setting a presidence and this will in turn increase the harm
to Lake Simcoe if other people do the same things.
We have bylaws to protect the environment and we feel these bylaws should be enforced.
Sincerely,
Tim and Cynthia Ferris
37 Moon Point Dr
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From: janetanddavid bumstead <jcbdlb@hotmail.com>
Sent: Monday, September 23, 2019 2:31 PM
To: Planning <Planning@oro-medonte.ca>
Cc: Teeter, Janette <jteeter@oro-medonte.ca>; Leigh, Andria <aleigh@oro-
medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca>; Jermey, Scott
<scott.jermey@oro-medonte.ca>; Macpherson, Scott <scott.macpherson@oro-
medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Veitch, Ian
<ian.veitch@oro-medonte.ca>; Keane, Cathy <cathy.keane@oro-medonte.ca>;
Greenlaw, Randy <randy.greenlaw@oro-medonte.ca>
Subject: Re: applicants drawings for 259 Moon Point Drive - SR plan 940 lot 2
Dear Secratary-Treasure,
These photos may help you visualize this very full property with a large circular
driveway and a pergola as well as the front shed and the shoreline sauna, hot tub and
deck. The applicant has requested a variance to move the structure back some and
encroach on the environmentally protected Lake Simcoe shoreline by 16 feet. My letter
of Aug. 29th remains Unchanged.
Janet Bumstead
SR plan 940 lot 1.
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CƩƚƒʹ janetclair bumstead <janetclair@hotmail.com>
{ĻƓƷʹ September 26, 2019 6:05 AM
ƚʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ǒĬƆĻĭƷʹ 259 Moon Point Dr. and Staff Report for Variance Application 2019-A-42
th
During the Hearing on September 4 , the opinions in the Staff Report were challenged. They do not
represent the opinion of our SR community.
nd
Iğƭ the {ƷğŅŅ Report been updated for the Hearing on October 2?
Plan 940 is shoreline residential and is defined clearly in A3.2.5
Also: General purpose and intent needs updating.
In Township Zoning By-law
Section 1 Administration
Section3.0 Permitted uses
Table A1 -the permitted uses are A, G, H and I.
Being patient it getting tougher by the day the law has been broken and as I read it the variance
does not pass the Official Plans 4 point test. It is time to protect the shoreline and neibourhood
removed.
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CƩƚƒʹ Victoria Gowland <victoriagowland@gmail.com>
{ĻƓƷʹ Wednesday, September 25, 2019 6:26 PM
ƚʹ Planning <Planning@oro-medonte.ca>
{ǒĬƆĻĭƷʹ Application: 2019-A-42 259 Moon Point Drive
We are against any allowance for the Detached Accessory Building (aka: Bunkie for this short
term rental property). If there are rules as to "No building shall be located closer than 20 meters
(65.6 feet) from the average high water mark of Lake Simcoe"; these rules should be followed.
The building is already in place, without the property owner ever applying for a permit: this rule
was also not followed.
These rules were obviously put in place for a reason, all residents should adhere to them.
Ted and Victoria Gowland
181 Moon Point Drive
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From: davidouchterlony@gmail.com <davidouchterlony@gmail.com>
Sent: Friday, September 27, 2019 8:13 PM
To: Planning <Planning@oro-medonte.ca>
Subject: Application for variance 2019-A-42, scheduled October 2
To the Secretary-Treasurer
Dear Sir or Madam,
I am a resident living on Lake Simcoe, in Innisfil. For several years I was a board
member of the Lake Simcoe Conservation Foundation. I am aware of the
responsibilities of communities around the lake to protect it for ourselves and for future
generations.
I have visited the Bumstead residence and seen first hand the situation you are
considering. I implore you and your council to stand firm in this and other similar
situations that so often break our laws and threaten the health of the lake. The
regulations and bylaws that exist to protect our environment can only be effective if they
are upheld by out elected representatives Yours sincerely David Ouchterlony MD Innisfil
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From: Margaret Burghardt <mburghardt@rogers.com>
Sent: Wednesday, October 2, 2019 11:09 AM
To: Planning <Planning@oro-medonte.ca>
Subject: Re: Building infraction at 259 Moon Point Drive
Hello
I have previously written to your Department regarding an application for variance at
259 Moon Point Drive, Oro-Medonte.
continue to support the denial of this variance application as per my previous letter.
Sincerely,
Margaret Rosati Burghardt
223 Moon Point Drive.
>On Sep 4, 2019, at 2:37 PM, M Burghardt <mburghardt@rogers.com> wrote:
>
> Hello.
>
> I am writing regarding a building infraction at the property located at 259 Moon Point
Drive, Oro-Medonte. It is my understanding that the current owners have applied for a
variance.
>
> These same owners have built a large shed type structure and a hot tub without any
permits issued by the Township of Oro-Medonte. These structures have apparently
been built without appropriate setback from the shoreline. This blatant disregard for
Oro-Medonte township building rules should not be permitted in this case, as it sets an
unacceptable precedent. Any further building violations or applications for minimal
shoreline setback could then use the acceptance of this illegal building as justification
for future violations.
>
> As a homeowner on Moon Point Drive, I am concerned that the township take this
issue very seriously. The health of Lake Simcoe should be a priority for all of us, and
building infractions with disregard for minimum permissible setbacks endanger the
natural health of the lake environment.
>
> With regards,
>
> Margaret Burghardt
>223 Moon Point Drive, Oro-Medonte.
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Report
Report No.To:Prepared By:
DS2019-122Development Services Todd Weatherell
CommitteeIntermediate Planner
Meeting Date:Subject:Motion #
October 2, 2019Minor VariancesApplication_____________________
2019-A-50
Roll #:R.M.S. File #:
Stacey and Leanne
4346-010-003-01200D13 057197
Cunnington
265 Line 5North
Recommendation(s):Requires ActionFor Information Only
X
Itarerecommended:
1.That Report No. DS2019-122be receivedand adopted.
2.That Minor VarianceApplication 2019-A-50byStacey and Leanne Cunnington
specifically to permit a shipping container onlands municipally known as265
Line 5North, be approved.
3.That the following conditions be imposed on the Committee’s decision:
a)That notwithstanding Section 5.36 a shipping container shall be permitted
andshall otherwise comply with all other applicable provisions of the
Zoning By-law;
b)That the proposed storage container withbe substantially and
proportionally in conformity with the dimensions as set out on the
application and sketches submitted and approved by the Committee;
c)That the appropriateZoning Certificate,and Building Permit be obtained
from the Township only after the Committee’s decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
4.And that the applicantsbe advised of the Development Services Committee’s
decision under the Secretary-Treasurer’s signature.
Background:
The subject property has a lot frontage of 30.48 metres (100.0 feet), a lot depth of
60.963 metres (200.0 feet) and a lot area of 0.18hectares (0.45acres)andis currently
contains a dwelling unit.The applicant isproposing to place a19.2 square metre (206.6
square feet) shipping container on the property that does not permit such structures
within the current applicable zoning of the property.Theapplicant isrequesting relief
fromSection 5.36 of Zoning By-law 97-95, as amended:
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 1of 8
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Section 5.36 –Storage/Shipping/Cargo Containers \[By-law 2015-192\]
No person shall, in any Residential Zone, use any truck, bus, coach, transport truck trailer,
streetcar body, railway car body, railway shipping container, or similar structure of any
kind, for the purpose of an accessory structure.
Permitted:Proposed:
Not permitted in a Rural Residential 19.2 square metres (206.6 square feet)
Type Two (RUR2) Zone.shipping container within the Rural
Residential Type Two (RUR2) Zone.
The applicant’ssite plan isincluded as Schedule3tothis report.
Analysis:
Provincial Policies
Provincial Policy Statement, 2014
The intent of the Provincial Policy Statement (PPS) is to build strong and healthy
communities while at the same time promoting efficient land use and development
patterns.
The Provincial Policy Statement provides policy direction on matters of provincial
interest related to land use planning and development.Section 1.1.4 –Rural Lands is
applicable to this application.PlanningStaff is of the opinion that this applicationis
consistent with the Rural Lands policies ofthe Provincial Policy Statement.
Growth Plan for the Greater Golden Horseshoe, 2019
A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term
plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas
is applicable to this application. This section has been reviewed and Planning Staff is of
the opinion that the proposed shipping container is consistent with the Rural Areas
policies in the Growth Plan as they will be located on an established rural residential lot.
County Official Plan
The property is designated ‘Agricultural’in the County of Simcoe’sOfficial Plan.
The intent of the Agricultural Lands designation is to protect prime agricultural lands
while recognizing the inter-relationship with natural heritage features and areas. In
Planning Staff’s opinion, the proposed development is consistent with the Agricultural
Lands policies as the subject lands are not large enough to permit agricultural uses;
therefore, no agricultural land will be taken out of production as a result of the proposed
variance.
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 2of 8
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Planning Act, R.S.O. 1990, c. P.13
Section 3(5) of the Planning Act states that all decisions in respect of the exercise of
any authority that affects a planning matter shallbe consistent with provincial policy
statements and shall conform with or shall not conflict with the provincial plans that are
in effect on the date of the decision.
Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which
requires consideration of: (1) whether the variance is minor; (2) whether the variance is
desirable for the appropriate development or use of the land, building or structure; (3)
whether the general purpose and intent of the zoning by-law is maintained; and (4)
whether the general purpose and intent of the Official Plan is maintained. A variance
must meetall four of these tests. Planning Staff has reviewed this application against
these four tests as follows:
Doesthe varianceconform to the general intentand purposeof the Official Plan?
The subject lands are designated Agricultural in the Township’s Official Plan. The intent
of the Agricultural Designation is:
To maintain and preserve the agricultural resource base of the Township.
To protect land suitable for agricultural production from development and land
uses unrelated to agriculture.
To promote the agricultural industry and associated activities and enhance their
capacity to contribute to the economy of the Township.
To preserve and promote the agricultural character of the Township and the
maintenance of the open countryside.
Permitted uses in the Agriculturaldesignation include single detached dwellings and by
extension accessory uses, such isaccessory buildings and structures.
The proposed variances conform to the general intent and purpose of the Official Plan
as the proposed shipping container isaccessory to the existing residential use.
Doesthe varianceconform to the general intent and purpose of the Zoning By-law?
The subjectproperty is zoned Rural Residential Two(RUR2)in the Township’s Zoning
By-law 97-95.
The applicantsare proposing to place a shippingcontainer on the property, where such
zone does not permit such structure.As per Section 5.36 of the Zoning By-law, “No
person shall, in any Residential Zone, use any truck, bus, coach, transport truck trailer,
streetcar body, railway car body, railway shipping container, or similar structure of any
kind, for the purpose of an accessory structure”. The purpose of this zoning provision is to
ensure that shipping containers are not placed in residential areas that would be
incompatible with the residential uses and would be visually unaesthetic for the
neighbouring properties. In this case, the property is located in a rural area, characterized
by large lots. All the surrounding properties are zoned Agricultural/Rural (A/RU) and would
be permitted to have a shipping container without requiring a minor variance.
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 3of 8
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Upon site visit, Planning Staff noted that the proposed shipping container will have a
minimal impact on the surrounding neighbours, as the property is buffered by a solar
farm to the north and east. The property to the south which contains the nearest
dwelling is surrounded by agricultural buildings, which will help buffer the shipping
container. In addition, the proposed shipping container will be located at the rear of the
rurallot; therefore, will have novisual impact from the road.
Based on the above, Planning Staff is satisfied that the shipping containerconformsto the
general purpose and intent of the Zoning By-law.
Is the variancedesirable for theappropriate development of the lot?
The proposed shipping container would function as a residential accessory building and
will not conflict with or detract from any functional characteristics of the lot. (E.g. septic
system, rear yard amenity area). For the reasons started earlier in the report, the
proposed shipping container is not expected to have any negative visual impacts on the
lot or the surrounding area.
For these reasons, Planning Staff are of the opinion that the proposed variance is
considered desirable for the appropriate development of the lot.
Is the varianceminor?
The question of the minor nature of the variance relates to its scale and impact. In
Planning Staff’s opinion, the requested varianceto permit ashipping container in a
residential zone isminor in nature as the accessory structureisnot anticipated to have
any adverse impacts on the neighbouring propertiesand they will not detract from the
rural residential character of the lot.
As the proposed varianceisconsidered to conform to the general intent of the Official
Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable
development of the lot, and is not anticipated to have anyadverse effectson the
character of the surrounding area, the variances isconsidered to be minor.
Financial/Legal Implications/Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal(LPAT) and Council chooses to defend
the Committee’s decision.
Policies/Legislation:
Planning Act,R.S.O. 1990, c. P.13
Provincial Policy Statement, 2014
Growth Plan for the Greater Golden Horseshoe, 2019
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 4of 8
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County of Simcoe Official Plan
Township of Oro-Medonte Official Plan
Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals:
In 2016, Council adopted the Township’s Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth:
Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township’s natural heritage features
and attributes.
Encourage the protection of the Township’s natural heritage features while
ensuring thatuses that rely on these features such as home-based businesses,
recreation, and tourism are promoted and strengthened.
Staff are of the opinion that the proposed development will not negatively impact the
Township’s natural features and attributes.
Consultations:
A notice sign was posted on the property and notice of the application was circulated to
agencies,Township Departments and to assessproperty owners within a 60-metre (200
feet) radius of the lands. As of the preparation of this report, the following comments
havebeen received:
Township Development Engineering –No objections
Township Building Services –Applicant/owner will be required to obtain a building
permit for the structure subsequent to obtaining planning approval.
Township Operations Department –No concerns
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicants Proposed Site Plan
Schedule 4: ApplicantsShipping ContainerDrawings
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 5of 8
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Schedule 2: Aerial Photo
Schedule 3:Applicants Proposed Site Plan
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 7of 8
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Schedule 4: Shipping Container drawings
Development ServicesOctober 2, 2019
Report No. DS2019-122Page 8of 8
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6.c) 6:20 p.m. Report No. DS2019-122, Todd Weatherell, Intermediate Plan...
CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 9:58 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-50) Cunnington
Building Division comments are as follows;
1. Applicant/owner will be required to obtain a building permit for the structure
subsequent to obtaining planning approval.
Thank you,
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 273 of 397
6.c) 6:20 p.m. Report No. DS2019-122, Todd Weatherell, Intermediate Plan...
CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 9:21 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-50) Cunnington
Teresa
Operations has no concerns nor further comment on this application.
Thanks
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
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CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Thursday, September 19, 2019 10:55 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-50) Cunnington
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
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accessory structure
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Amended
November 23, 2018
Nottawasaga Valley Conservation Authority
th
8195 8Line, Utopia, ON, L0M 1T0 PERMIT
T: 705-424-1479 F: 705-424-2115
2018-10668
E: admin@nvca.on.ca nvca.on.ca
In accordance with Section 28 (1) of the Conservation Authorities Act, R.S.O. 1990 and Ontario
Regulation 172/06, permission has been granted to the applicant, subject to the conditions below.
If you do not agree with these conditions, you have a right to a Hearing under the Conservation
Authorities Act. Please notify the Nottawasaga Valley Conservation Authority (NVCA) within 30 days
of receipt of this permit to exercise your right to a Hearing. Should you fail to notify the NVCA
within 30 days of receipt of this permit, you will agree to the conditions as set out below.
APPLICANT:Todd Merkley
553 Line 5 North. Oro-Medonte, Ontario.
LOCATION:553 Line 5 North. Oro-Medonte, County of Simcoe.
PROPOSAL:For the construction of a new accessory structure,at the above noted location as
indicated on the attached or noted drawings/reports,subject to the following
conditions:
This permit is valid from November 23, 2018 to November 23, 2020
PERMIT CONDITIONS
1)The owner acknowledges that this permit is non-transferrable and is issued only to the
current owner of the property. The owner further acknowledges that upon transfer of the
property into different ownership, this permit shall be terminated and a new permit must be
obtained from NVCA by the new owner.
2)That consent is given to NVCA, its employees and other persons as required by NVCA, to
access the property for the purpose of inspection, obtaining information, and or monitoring
any and allworks, activitiesand or construction pertaining to the property in addition to the
works as approved under cover of any permit issued by NVCA.
3)That the works be carried out in accordance with the following submissions:
Updated Site Plan (with hand drawn accessory buildinglocation/size) submitted
by client.(retained)
Cambium Inc. Wetland Assessment & Constraints Analysis. 553 Line 5 North. Oro-
Medonte. Project No. 8246-001. Signed by: Jeremy Prahl.
4)All materials and equipment used for the purpose of site preparation and project completion
shall be operated and stored in a manner that prevents any deleterious substance from
entering the water.Vehicular re-fuelling and maintenance should be conducted well away
from the water.
5)Please note that this permit is only valid if approvals, agreements or permits are received
from all other agencies having jurisdiction.
Page 1of 3
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NVCA –PermitNumber 2018-10668Page 2of 3
6)That all development and site alteration is subject to all other applicable federal, provincial
and municipal statutes, regulations and by-laws, such as the Municipal Act, Zoning and Tree-
Cutting By-Laws, the Federal Fisheries Act, Navigable Waters Act, Public Lands Act, Lakes and
Rivers Improvement Act, Drainage Act, Environmental Protection Act and the Ontario Water
Resources Act.
7)That this permit does not confer upon you any right to occupy, develop or flood lands owned
by other persons or agencies.
8)That appropriate erosion and sediment control measures are installed prior to construction
and maintained until all disturbed areas are stabilized, to ensure that sediments do not enter
any watercourse, wetland, lake,pond or sensitive area within the development or adjacent
properties. When an erosion and sediment control plan appears to be inadequate, the
deficiencies must be addressed and additional measures or practices implemented as needed.
It is the responsibility of the owner and the owner’s representative (if contracted) to
implement, monitor and maintain all erosion/sedimentation control structures and practices
until vegetative cover has been successfully established.
9)That any excess excavated material must be placed at least 30 metresfrom any slope, lake,
pond, wetland, watercourseorfloodplain. That any fill material stock piled for longer than 30
days must be stabilized and re-vegetated to prevent erosion.The owner shall ensure all
excess material generated from the works will not be stockpiled and/or disposed of within any
area regulated by NVCA (on or off-site) pursuant to Ontario Regulation 172/06 without a
permit from the NVCA.
10)The soils disturbed during construction and access should be stabilized assoon as possible
upon completion of work and restored to a pre-disturbed state or better.Disturbed areas
th
to
should be re-vegetated/seeded when the growing season permits. From September 15
th
April 30, structural stabilization techniques (e.g. application of erosion control blankets)
should be utilized.
11)That the owner provides copies of this permit to any contracting or construction supervisor(s)
who must have a copy of the permit available on-site for inspection by an officer when
requested and that theowner ensure that all of the contractors and site supervisors are
aware of the obligations under this permit including any obligations assigned by the owner to
the contractors and supervisors.All contractors and site supervisors must be aware that they
may also be held responsible for any violations in relation to the obligations outlined under
this permit.
12)If organics are encountered, you must have a qualified geotechnical engineer
evaluate soils conditions on the site and make recommendations for foundation
design. The engineer must inspect at the time of foundation construction and
provide certification that the foundation is in compliance with their
recommendations.
13)The owner shall notify NVCA at least 30 days prior to the expiration date on the permitif a
renewal of the permit will be requested.
Note:It is the responsibility of the applicant to carry out the works in accordance with the above
conditions. Failure to do so may result in cancellation of the permit and possible action in
.
accordance with the Conservation Authorities Act
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NVCA –PermitNumber 2018-10668Page 3of 3
Should you have any questions regarding this permit, please contact Andrew Fera,
Regulations Technician at (705) 424-1479 extension 238.
Andrew Fera
Regulations Technician
Officer of the Conservation Authorities Act
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6.d) 6:30 p.m. Report No. DS2019-119, Catherine McLean, Planner re: Mino...
CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 10:03 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-51) Merkley & Gallagher
Building Division comments are as follows;
1. Applicant/owner will be required to obtain a building permits for all structures
subsequent to obtaining planning approval.
Thank you,
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 305 of 397
6.d) 6:30 p.m. Report No. DS2019-119, Catherine McLean, Planner re: Mino...
CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 3:32 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-51) Merkley & Gallagher
Teresa
Development Engineering has No Objection to the above noted Application.
An Engineered Lot Grading Plan may be required at the time of Building Permit
Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 306 of 397
6.d) 6:30 p.m. Report No. DS2019-119, Catherine McLean, Planner re: Mino...
CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 11:18 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-51) Merkley & Gallagher
Teresa
Operations has no objections, nor further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
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6.e) 6:40 p.m. Report No. DS2019-121, Todd Weatherell, Intermediate Plan...
CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 9:59 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-52) Caroline & McCutcheon
Building Division has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 327 of 397
6.e) 6:40 p.m. Report No. DS2019-121, Todd Weatherell, Intermediate Plan...
CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 9:34 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-52) Caroline & McCutcheon
Teresa
Operations has no concerns nor further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 328 of 397
6.e) 6:40 p.m. Report No. DS2019-121, Todd Weatherell, Intermediate Plan...
CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Thursday, September 19, 2019 10:41 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-52) Caroline & McCutcheon
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 329 of 397
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CƩƚƒʹ Emma Perry <eperry@nvca.on.ca>
{ĻƓƷʹ Monday, September 23, 2019 4:40 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ NVCA comments re 2019-A-52
Good afternoon Teresa,
The NVCA has reviewed the above-noted application for consent and provides the following comments:
O. Reg. 172/06: Regulatory comments
We advise that the portion of the property lies within the NVCA Regulation Limit. Development
proposed within the regulation limit require permission to develop under the Conservation Authorities
Act. We advise that a permit application has been received for the installation of a driveway, however it
was deemed incomplete in May 2019. From the plans received, the dwelling for which the minor
variance applies appears to be situated outside the Regulation limit.
Natural Heritage: Advisory comments
The subject site lies within the mapped Natural Heritage System and a portion is delineated as a
Significant Woodland. Though the Township zoning is Agricultural/Rural, the OP designation is Oro
Moraine Core Area. The mapped Significant Woodlands from the Ministry appear to not capture the full
extent of the forested area. The NVCA would suggest that the extent of contiguous tree cover from the
mapped boundary represents the extent of the feature see enclosed diagram. The Places to Grow Act
stipulates a required 30m vegetation protection zone from the boundary of the Significant Woodland.
From the information submitted it appears as though site alteration is proposed within this VPZ. The
NVCA recommends confirming that the 30m VPZ is provided from the dripline of the forest.
Sincerely,
Emma
Page 330 of 397
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Emma Perry Planner II
Nottawasaga Valley Conservation Authority
th
8195 8 Line, Utopia, ON L0M 1T0
T 705-424-F 705-424-2115
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6.f) 6:50 p.m. Report No. DS2019-125, Andy Karaiskakis, Senior Planner r...
CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 10:00 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-53) Elliott
Building Division has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 351 of 397
6.f) 6:50 p.m. Report No. DS2019-125, Andy Karaiskakis, Senior Planner r...
{ĻƓƷʹ Wednesday, September 18, 2019 10:59 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-53) Elliott
Teresa
Operations has no objections, nor further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 352 of 397
6.f) 6:50 p.m. Report No. DS2019-125, Andy Karaiskakis, Senior Planner r...
CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Thursday, September 19, 2019 10:39 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-A-53) Elliott
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 353 of 397
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CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 10:01 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-B-18) Faris
Building Division has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 376 of 397
6.g) 7:00 p.m. Report No. DS2019-124, Andy Karaiskakis, Senior Planner r...
CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 3:34 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>;
Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Musso-Garcia,
Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney, Garry
<gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-B-18) Faris
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
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CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca>
{ĻƓƷʹ Wednesday, September 18, 2019 11:01 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, October 02, 2019
(2019-B-18) Faris
Teresa
Operations has no concerns nor further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
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CƩƚƒʹ Emma Perry <eperry@nvca.on.ca>
{ĻƓƷʹ Monday, September 23, 2019 3:51 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
{ǒĬƆĻĭƷʹ NVCA comments 2019-B-18 (234 Mill Pond Sideroad)
Good afternoon Teresa,
The NVCA has reviewed the above-noted application for consent and provides the following comments:
O. Reg. 172/06: Regulatory comments
We advise that the portion of the property proposed for severance is outside the NVCA Regulation Limit.
Portions of the benefitting and retained lands require permission to develop under the Conservation
Authorities Act, though these areas are not affected by this application.
Natural Heritage: Advisory comments
The subject site lies within the mapped Natural Heritage System and is delineated as a Significant
Woodland. Though the Township zoning is Agricultural/Rural, the OP designation is Oro Moraine Core
Area. Though it is not apparent that there is any development proposed as a result of this application,
any future development applications within the Woodland would not be supported under the Township
natural heritage policies, policies of the Provincial Policy Statement and the Places to Grow Act.
Sincerely,
Emma
Emma Perry Planner II
Nottawasaga Valley Conservation Authority
th
8195 8 Line, Utopia, ON L0M 1T0
T 705-424-F 705-424-2115
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8.a) ES2019-7, Michelle Jakobi, Manager, Environmental Services re: Tile...
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8.a) ES2019-7, Michelle Jakobi, Manager, Environmental Services re: Tile...
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9.a) Geoffrey Campbell, 2639025 Ontario Inc.re: Request for Municipal Le...
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