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03 11 2003 PAC Minutes TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES March 11,2003 MEMBERS PRESENT: Susan Grant, Fran Sutton, Peter Wig ham, Councillor Don Bell, Councillor Ruth Fountain, Councillor Paul Marshall, Mayor Neil Craig MEMBERS ABSENT: Bob Barlow STAFF PRESENT: Jennifer Zieleniewski C.A.O., Gary Smith, Planner Nick McDonald Meridian Planning Consultant lnc 1. Call to Order by Chairman Councillor Paul Marshall called the meeting to order at 7:05pm. 2. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT." None Declared. 3. Adoption of Minutes None available. 4. Correspondence and Communication None. 5. Deputations 7:00 p.m. Marilyn Forbes Con. 3, Part Lot 28, (formerly Oro) 4346-010-007 -22000-00000 In Attendance: Ms. Marilyn Forbes Mr. Smith explained the background on this application and reviewed her planning report with the Committee. The property is located within the Rural Settlement Area of Shanty Bay. The application appears to conform with those policies as the intended bed and breakfast would be located within the existing building with parking for up to 7 cars provided on site. The property would also be subject to Site Plan Control prior to consideration of a Zoning By-law Amendment. The Committee had a number of items for discussion including: driveway access and parking requirements. The applicant indicated that she has a newer septic system also that parking would be addressed through the site plan process. Moved by Susan Grant, seconded by Fran Sutton "It is recommended to Council that Development Application P-147/03, Marilynn Forbes, Concession 3, Part Lot 28, (formerly Oro), a proposed Zoning By-law Amendment proceed to a Public Meeting in accordance with the requirements of the Planning Act" Carried. 7:10 p.m. Buffalo Springs In Attendance: Nick McDonald, Meridian Planning Consultants Mr. Macdonald presented a report on the Buffalo Springs Proposal putting an historical perspective forward on the development approval process specifically as it pertains to Buffalo Springs. Buffalo Springs was draft approved by the Ontario Municipal Board in 1994. Along with this draft approval was approval in the Official Plan and Zoning By-law for the development of 290 lots on partial services. The draft-approved subdivision has not seen any progress in fulfilling conditions of the draft plan approval. Nick Mcdonald then outlined rationales that maybe considered by the Township of Oro-Medonte, including rescinding the an approval based on the following: A. The landowner has not proceeded with the clearing of any conditions. A number of very detailed draft conditions were prepared by the Ontario Municipal Board in 1994. One of these conditions requires the initiation of a monitoring program on the property, which is intended to last for two years. Such a monitoring program has not been initiated. In addition, none of the other conditions have been, to the best of our knowledge, considered by the landowner and otherwise dealt with in a manner suitable to the approval authority or any agency, including the Township. On this basis, we believe that one reason for reviewing the application again is the lack of progress on any of the conditions that were issued in 1994. As Council may be aware, the Planning Act currently provides approval authorities with the ability to issue draft plan approval for three-year period only. The intent behind this provision is to provide the approval authority with a mechanism to review the conditions in detail and determine whether they should be modified, updated, deleted or improved. Unfortunately, this provision in the Planning Act did not exist when Buffalo Springs was approved by the Ontario Municipal Board. This means that there is no effective mechanism at the present time to review the conditions in any detail. Given our ever-increasing knowledge about the Oro Moraine and the features and functions of the Oro Moraine, it is quite conceivable that additional conditions could be added to the existing draft conditions to ensure the development has a minimal impact on the environment. B. If the development were proposed today, given the current land use policy climate, it may not be approved. The application to develop the Buffalo Springs property was submitted in 1988. The application predated the Wetland Policy Statement, which was issued in 1990. On this basis, the Wetland Policy Statement could not be relied upon to any serious extent at the hearing in 1994. It has been suggested that if the development were proposed today, it could be shown that the development would have a negative impact on the Provincially Significant Wetland located on the property. While we do not have any scientific evidence in this regard, it is my opinion that it is conceivable that the current Provincial policies do not provide or would otherwise permit this type of development today. c. Development on partial services, as is proposed at Buffalo Springs, is no longer considered an appropriate servicing option by the Province and the County. At the time the application to develop Buffalo Springs was made, the Province did not have a clear policy on what types of servicing systems were considered appropriate. In 1992, the Ministry of the Environment released a guideline on sewer and water services and indicated in the guideline that partial services were discouraged. However, this guideline was issued after the application was made and was only a guideline. The Comprehensive Set of Policy Statements, which was adopted by the Province in 1994, clearly articulated the desire of the Province to discourage the development of partial servicing systems. This policy was again articulated in the 1996 Provincial Policy Statement that replaced the Comprehensive Policy Statements. The rationale behind the Provincial policy is that the development of partial services potentially allows for the super-charging of septic systems and the resulting pollution to the environment. On this basis, most of the Official Plans in the Province, including the County of Simcoe Official Plan and the Oro-Medonte Official Plan discourage the development of partial services. D. The development of the Craighurst Community on full services may be more appropriate than the development of a partially serviced community in an area which is currently undeveloped. The Provincial Policy Statement, the County of Simcoe Official Plan and the Oro-Medonte Official Plan all direct development to existing settlement areas on full municipal services wherever possible. On this basis, a Secondary Plan process for Craighurst was initiated. On the basis of the work completed to date, it appears as if it is both financially and environmentally feasible to develop full services within the Craighurst community. Given this apparent feasibility, it is my opinion that it would be much more appropriate to encourage the development of a fully serviced community as opposed to the development of a partially serviced community in an undeveloped area on the Oro Moraine. On the basis of the above, Mr. Macdonald appeared before Council in December 2002 to recommend that the process of initiating the un-designation and un-zoning the Buffalo Springs property begin. Council agreed to support the recommendation. As a result of the above, the first step in the process is to hold a public meeting under Sections 17 and 34 of the Planning Act and further recommends that PAC support this recommendation. Once the public meeting has been held, a report summarizing and analyzing all comments would be prepared, along with a recommendation, for PAC's consideration. Moved by Peter Wigham, seconded by Susan Grant "It is recommended that the Planning Advisory Committee receive Mr. Mcdonald's report on Buffalo Springs and further recommends that Council proceed with draft Official Plan Amendments to a Public Meeting in accordance with the requirements of the Planning Act" Carried. 6. Other Business Nick McDonald asked to address the Committee on two issues. Mr. McDonald spoke briefly on the Official Plan Review process that he has been asked to take on behalf of the Township with a possible presentation to the Committee in April and a Public Meeting in June or July. Mr. Mcdonald also spoke briefly to the Committee on the Horseshoe Valley Resorts Comprehensive Development Plan which would be brought forward at a special meeting of the Committee. Discussion with respect to possible meeting dates with the Horseshoe Valley Resorts CDP meeting to be on March 26th and the Official Plan Review meeting to be held on April 22nd 7. Adjournment Moved by Councillor Don Bell That the meeting now adjourn at 8:45 p.m. Carried.