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04 19 2004 PAC Agenda , .', , . " TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MEETING AGENDA Robinson Room Date: Monday April 19, 2004 Time: 7:15 pm ~/1. ~. 3. 's,. ~. '\ Opening of Meeting by Chair Adoption of Agenda Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. Minutes of Previous Meetings - March 8, 2004 Correspondence and Communication (a) Jim Woodford - Buffalo Springs Environmental Impact - A Statement to the Planning Advisory Committee on Mar 8, 2004 and Letter to Council March 17,2004 (b) Jarratt-Coulson & District Community Group Inc. - Letter re: Buffalo Springs Revised Development Plan Update on Existing Planning Applications - Memo from Andria Leigh, Senior Planner dated March 31, 2004 - Status of Planning Applications ~ Planning Applications (a) Planning Report prepared by Andria Leigh, Senior Planner Re: Mark and Joanne Scharf - Part of Lot 8, Concession 9, 51 R-28291 , Part 1 (Oro), Application 2004-ZBA-01 (b) Planning Report prepared by Nick McDonald, Meridian Planning Consultants Inc. Re: Georgian North Land Ltd. - Lots 2 and 3, Concession 9 (Oro), Application 2004-ZBA-02 and Redline Draft Plan of Subdivision (Applicant to be afforded an opportunity to speak to the application subsequent to the review of the report) Other Business Next Meeting - Monday May 10 at 7:00 p.m. Adjournment . .'. TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES 2003-2006 TERM Monday, March 8, 2004 @ 7:05 p.m. Council Chambers Present: Mayor J. Neil Craig Deputy Mayor Harry Hughes Councillor Dan Buttineau Councillor Ralph Hough Councillor Paul Marshall Councillor John Crawford Councillor Ruth Fountain Terry Allison Robert Barlow Mel Coutanche Craig Drury Staff Present: Andria Leigh, Senior Planner; Nick McDonald, Meridian Planning Consultants Inc.; Janette Teeter, Clerk's Assistant Also Present: Mark Scharf, Jim Woodford, Pat Woodford, David Bunston, Rex Meadley, Andy Tymoszewicz, Brent Clarkson, Andy Hims, David Charlton, Allan Baker, Joe Charles, Dennis McKee, Don Bell, Walter Dickie, Mike Reynolds, John Hare, S. Orsi, T. Orsi, Nicola Mitchinson, Michael Da Costa, Kris Menzies 1. Opening of Meeting by Mayor. Mayor J. Neil Craig assumed the chair and called the meeting to order. 2. Adoption of Agenda. Motion No. PAC-1 Moved by Buttineau, Seconded by Allison It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, March 8, 2004, as amended, be received and adopted. Carried. 3. Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. None declared. 4. Minutes of Previous Meetings - February 9,2004. Motion No. P AC-2 Moved by Barlow, Seconded by Allison It is recommended that the minutes of the Planning Advisory Committee Meeting, held on February 9,2004, be received. Carried. 5. Planning Applications Planning Report prepared by Andria Leigh, Senior Planner Re: Mark and Joanne Scharf - South Part of Lot 8, Concession 9, 51 R-28291, Part 1 (Oro), Application 2004-ZBA-01. Motion No. P AC-3 Moved by Coutanche, Seconded by Drury It is recommended that Report No. PD 2004-03, Andria Leigh, Senior Planner, re: Proposed Zoning By-law Amendment for Mark and Joanne Scharf - South Part of Lot 8, Concession 9,51 R-28291 , Part 1 Township of Oro-Medonte, (formerly within the Township of Oro), Application 2004-ZBA-01 be received and adopted; and further that Zoning By-law Amendment Application 2004-ZBA-01 , South Part of Lot 8, Concession 9, Township of Oro-Medonte (formerly within the Township of Oro) proceed to a Public Meeting in accordance with the provisions of the Planning Act. Carried. Planning Advisory Committee Meeting - March 8, 2004 Page 2 . " .' ") Planning Report prepared by Nick McDonald, Meridian Planning Consultants Inc. Re: Georgian North Land Ltd. - Lots 2 and 3, Concession 9 (Oro), Application 2004-ZBA-02 and Redline Draft Plan of Subdivision. ,Motion t!2:..P AC-LUAmendmentl Moved by Barlow, Seconded by Fountain It is recommended that the motion with respect to Report No. PD 2004-05, be amended to add after Azimuth Environmental Consulting Inc., "and such other comments for information required by staff and the Planning Advisory Committee and to report back to the Planning Advisory Committee at the April meeting'. Carried. Motion No. P AC-5 Moved by Drury, Seconded by Coutanche It is recommended that Report No. PD 2004-05, Nick McDonald, Meridian Planning Consultants Inc., re: Proposed Zoning By-law Amendment and Redline Revision for Georgian North Lands Ltd. Concession 9, Lots 2 and 3, Township of Oro-Medonte, (formerly within the Township of Oro) be received and adopted; that Georgian North Lands Ltd. be requested to respond to the preliminary peer review comments prepared by Azimuth Environmental Consulting Inc. and such other comments for information required by staff and the Planning Advisory Committee and to report back to the Planning Advisory Committee at the April meeting; and further that a public meeting, under Section 34 of the Planning Act, be scheduled, with Council's approval, once the Planning Advisory Committee is satisfied that enough information is available to present to the public. Carried As Amended. Planning Advisory Committee Meeting - March 8, 2004 Page 3 .Lt, 6. Other Business Planning Report from Meridian Planning Consultants Inc re: Horseshoe Resort Corporation - 24 unit townhouse condominium - Concession 3, Part of Lot 1 (Medonte), Applications P-157/03 and 5-97/03. Motion No. P AC-6 Moved by Marshall, Seconded by Coutanche It is recommended that Report No. PD 2004-04, Nick McDonald, Meridian Planning Consultants Inc., re: Proposed Zoning By-law Amendment for Horseshoe Resort Corporation, Concession 3, Part of Lot 1, Township of Oro-Medonte, (formerly within the Township of Medonte) be received and adopted; that Zoning By-law Amendment Application P-157/03 be approved as set out in Appendix 1 to Report No. PD 2004-04; and further that the subject lands be Draft Approved for a Plan of Condominium in accordance with the conditions set out in Appendix 2 to Report No. PD 2004-04. Carried. 1091402 Ontario Limited and John William and Helen Bower Burch - Part of Lots 34, 35, and 36, Concession 1 (Oro), Application P-156/03 and S-3/03 - Additional Information received from MacNaughton Hermsen Britton Clarkson. Motion No. PAC-7 Moved by Crawford, Seconded by Hughes It is recommended that the correspondence dated Wednesday, March 3, 2004 from Brent Clarkson, MacNaughton Hermsen Britton Clarkson (MHBC) Planning Limited re:1 091402 Ontario Limited, John and Helen Burch, Part Lots 34, 35 and 36, Concession 1, Township of Oro-Medonte (formerly Oro) be received. Carried. Motion No. P AC-8 Moved by Hough, Seconded by Buttineau It is recommended that Council be requested to rescind Recommendation PAC-'6 of February 9, 2004 re: 1091402 Ontario Limited, John and Helen Burch, Part Lots 34, 35, 36, Concession 1 (E.P.R.) in the Township of Oro-Medonte (formerly Oro); and further that Council be requested to consider that the application for Official Plan Amendment, Zoning By-Law Amendment and Plan of Subdivision for Part Lots 34,35,36, Con. 1 (E.P.R.) in the Township of Oro-Medonte (formerly Ora) proceed to a public meeting. Carried. Planning Advisory Committee Meeting - March 8, 2004 Page 4 . ,.' 5 7. Adjournment Motion No. P AC-9 Moved by Fountain, Seconded by Crawford It is recommended that we do now adjourn at 9:25 p.m. Carried. Next Meeting - Tuesday April 13 at 7:00 p.m. Mayor, J. Neil Craig Senior Planner, Andria Leigh Planning Advisory Committee Meeting - March 8, 2004 Page 5 .b BUFFALO SPRINGS ENVIRONMENTAL IMPACT A Statement to the Planning Advisory Committe~ on Mar. 8, 20004 Jim Woodford A lack of information about the new Buffalo Springs Housing Development is a cause for concern among Oro-Medonte taxpayers. It would be in the public interest for Council to hold a public information meeting as soon as possible. A major area of concern is the houses that will be built among the Provincially Significant wetlands just east of the 8th Concession. The lots all appear to slope into the wetlands, according to diagram in the 1994 EIS. . There is a proposed buffer of only 16 metres between the lots and the wetlands. A layer of impermeable silt under the surface will prevent normal percolation into the soil. Thus the effluent from septic tanks, which may contains contaminants that exceed provincial standards, will flow into the wetlands. This would be in violation of the Provincial Wetland Policy Statement, causing "loss of wetland function." A total of 46 houses may be built on three "peninsulas" that are surrounded by the wetlands. A schematic diagram in the 1994 Environmental hnpact Statement shows these will be a major intrusion in the wetlands. The main road into the development off the 8th Line will divide the wetlands in two - which is contrary to the Provincial Wetlands Policy that states, " the proposed development will not result in loss of contiguous wetland area." It may act as a dam and disrupt water flow. The construction of the road and a bridge over Coulson Creek, one of the best cold-water trout streams in the Township, will probably cause serious degradation to the stream. . This is a serious offence under the Federal Fisheries Act. Under the 1994 OMB Order there must be three years of water quality monitoring before construction may begin. It appears that this monitoring is just beginning. This is vital to monitor the effect the development will have on the environment. Considering the above, the new owners of Buffalo Springs should explain why they want this new proposal "Redlined" by the OMB. 1 7 A quick "look about" last December by Stantec to assess environmental conditíons at Buffalo Springs was devoid of any scientific methodology. Their claim that "No significant changes in ecological conditions have occurred on the site" was not supported by any data. It must have been a very quick look - they failed to notice that 500 trees had been cut down. This is a wonderful opportunity for Oro- Medonte to invoke its "Environment First" Policy. This area is classed as Environment Protection One in the Official Plan. There is supposed to be a l20-metre buffer zone to protect the wetlands. This would eliminate most of the houses from the wetlands, Now would be an ideal time for Council to establish an Ecological Advisory Committee. One naturalist suggested for the Committee helped with the MNR field survey that was. . responsible for the Buffalo Springs wetlands being designated as Provincially Significant. The Committee would provide Council with information and advice on the ecology and environment of the Township. None of the present consultants, who are paid expert fees, have any field knowledge of the ecology of the Township. Mr. Massie should consider joining other local developers, Mr. Orsi and Mr. Capobianco, in offering to donate the Provincially Significant Wetlands to the Couchiching Conservancy. . 2 F, - " \L\'b -\ r ORO-MEDOJl\TE '8 . 1'OWN~HIP' ~ MOTION ~t . An open letter to the Mayor and Council of Oro-Medonte MAR 1 7 200\ Jim Woodford, Friend of the Oro Moraine and the Coulson Swamps To be tabled at the Mar. 17,2004 Council Meeting ~ MEETING; COUNCIL ~ i ~,<_~2~:~~~,.. O.. .. '--- As part of their application for approval for.a new plan for Buffalo Springs Georgian NorthLands Ltd. submitted a document "Buffalo Springs Revised Development Plan Environmental Report Update" prepared by Stantec Consulting Ltdto Oro-Medonte. Stantec did the 1994 Environmental Impact Report under the name Ecological Services for Planning Ltd. Stantec visited the site in December and claimed, "No significant changes in ecological conditions have occurred on site." Despite the fact that they prepared the 1994 Report they did not notice that about 500 trees had been removed from the site, some of them near the Provincially Significant Wetlands. Graham Findlay, of MNR Midhurst, has documentation on the tree removal. Mr. Stagg, then Oro Township staff, visited the site with John Hare, a local resident. Mr. Hare can provide details of the tree removal to Council, as can Ed Hall. In addition they failed to notice that the crown tree canopy was significantly altered. Difficult to do if any time was spent on the site. This is in violation of Chairman Mills 1994 OMB decision. Oro-Medonte Council asked Azimuth Consulting to evaluate the Stantec Report. Azimuth conducted what appears to be an "in office - internet" assessment and apparently they did no visit the site. They did not alert Council that the 500 trees had been removed and the crown canopy was altered. They failed to tell Council that significant ecological changes had occurred and this should be investigated. Mike Jones, President of Azimuth, is a well-qualified hydro geologist. He does not have expert and experienced staff to deal with the ecology of the Oro Moraine and Oro- Medonte Township. Ecology is the study of the interrelationships between plants, animals and natural communities. It requires years of field study. Their report, part of the OPA#16 Amnendmentwas riddled with scientific errors. An example, the plant taxonomy was based on books published in the 1970's. Another, they had a bird listed as endangered on the Oro Moraine that had never been seen there. Neither Stantec or Azimuth conducted a scientific field investigation ofthe Buffalo Springs environment nor did they raise concerns that would not be addressed by highly qualified naturalists, who live on or near the Moraine. There has been several offers to Council to form an Ecological Advisory Committee. Why does Council refuse to even listen toa proposal for this committee? Should Council continue to spend thousands of tax dollars for advice that could be provided by volunteer residents? , ' . . . '~h -~ Ct To be fair to Azimuth, probably no consulting company would have the field knowledge and experience of the Oro Moraine that the proposed Committee possesses. . And to be fair to Georgian North Lands the 500 trees were removed many years before they obtained the property. Jarratt-Coulson & District Community Group Inc. RR 4, Goldwater, ON, LOK 1 EO Phone: 705326-9849 - Fax: 705329-0599 Members of Planning Advisory Committee Township of Oro-Medonte P.O. Box 100, Oro, Ontario LOL 2XO RECEf '~'=Dl APR 0 6 2OtU ORO-MEDONTE .' TOWNSHIP' April 2, 2004. -,- Re: Buffalo Springs Revised Development Plan. We are writing to express our concerns regarding the revised Buffalo Springs Development Plan, which you are presently considering. After reviewing all of the Addendum Documents of Support, provided by Mr. Brent Clarkson, planner for Georgian North Land Ltd., we have prepared the attached List of Issues for your consideration. We have also forwarded a copy to Mr. Clarkson for his response. Following the March 8th PAC meeting we examined the Azimuth Peer Review Report (Feb. 20/04) and concur with the many points which are stated as requiring clarification and further evaluation to fully assess the impacts of this planned development. In closing we would like to express our support for your Committee and Council's commitment, to protect the Oro Moraine and the natural environment within our Township. We remain opposed to this or any other development proposal, which would compromise or endanger our source of drinking water and the quality of life of our residents. Respectfully, Allan Baker, Executive Member Jarratt-Coulson & District Community Group , ., Jarratt-Coulson & District Ratepayers Group March 18, 2004. Review of the Buffalo Springs Revised Development Plan for Oro-Medonte Planning Advisory Committee. ~ssues wi!b.1he Addendum Documents of Support: No.1 PlanninQ Analysis- MHBC Planning Ltd. 1) Protection of PSw. (minimum 120 vs 20 metre buffer) pg. 5, par. 4. 2) Zoning Regulations. (min. rear yard to wetland bndry. 8th Line lots) pg. 4 item 5. ** Clarify EP2 overlay map error pg. 5/par.5. 3) Fisheries Act- non-compliance (conclusions pg. 5 - 2nd bullet PPS) No.2 Environmental Report - Stantec Consulting Ltd. 1) Natural Heritage Policy. All significant wetlands should be protected - local, provincial and Moraine designations - not partially (re: 120 metre buffer). Also see Azimuth Report pg. 4 - bullet #5. 2) Coulson Creek/North River Headwaters. Uplands, creeks, and swamps must be protected (coldwater fish habitat) as per Fisheries Act. 3) Site Conditions. A severely inadequate study - single site visit in December poorly timed, unobserved cutting of 500 trees (no ref. to canopy area photo requirement - OPA 39 OMB ruling). No inventory taken of plant/animal species - the data in the 1994 report is 10 years old. Nature is dynamic and changes occur - especially invasive plants and animals. Absolutely no scientific data is presented to substantiate their conclusions. 4) Wetlands will not be enhanced through increased human access and use. See Azimuth draft Report - additional detailed objections. \1. -2- No.3. Infastructure Report - C.C. Tatham & Associates Ltd. 1) Internal Roadways. The 32% road length reduction and elimination of (1) wetland crossing does not compensate for the addition of 1 .03 HA area of (6) walkways directly through wetlands (surface type)? There is no provision of catch basins to trap silt. Does road design comply with Fire Dept. standards? 2) Water Supply. How will water be provided for fire fighting (hydrants)? 3) Sanitary Sewage Collection & Treatment. The removal of 500 trees since the OMB approval will seriously compromise the 'uptake ability' of the wetlands surrounding the (4) nodes on the west side of the property. There is no vegetative uptake of nutrients (septic effluent) in this area from September to April. In addition, since the lots in the (4) nodes overlap or include wetland areas, there is a direct fluid connection between their septic systems and the stream. 4) Stormwater Management. Infiltration will take water (contaminants) into the shallow and medium aquifers, and the wetlands. Lots within the (4) westerly nodes are completely within the flood plain (ref. pg. 4, par. 3). Their soil is not well drained, and infiltration will not occur in these areas. Catchbasin maintenance is critical to prevent roadside ditches from plugging and preventing infiltration; otherwise runoff will overflow into the stream (ref. pg. 4, par.5). Who will clean them out and how often? Where will the storm sewers mentioned empty out? No.4 Hvdroaeoloaical Assessment - Jagger Hims Ltd. 1) Nitrate Impact. **N.B. Nitrate concentrations in shallow groundwater "at the property boundaries" will exceed the maximum criterion of 10 mg/L (Ontario Drinking Water Standard). Also as noted by Azimuth- the wetland area and other ground water discharge areas should be removed in the calculation of infiltration area for the property. 2) Potential for Contamination/Interference with Local Wells. The report concedes that there is likely a direct hydraulic connection between the water table and intermediate aquifers (no testing has been done at the site on either). It cannot be concluded that there are not similar connections between the intermediate and deep aquifers (via windows in the aquitard layers). , ,. . -3- In fact, the Henderson Paddon Report states that during the testing of production well PW1, "there was a small amount of interference observed in the two domestic wells (Ego and Hall) that are developed in the intermediate aquifer" (pg. 9). It would therefore, seem reasonable to assume that any contaminants (surface/septic system) entering the wetlands and water table, have the potential to eventually infiltrate the intermediate and deep aquifers. The proposed drilling of 117 individual wells versus a communal well into the deep aquifer, also significantly increases the potential for contamination. It is acknowledged (pg. 11 ,par. 6) that the water-taking by GMS in 1999 was approx. 50% of their PTTW capacity, and that there may be some mutual well interference occur between the GMS well and a few of the proposed individual wells located along the east side of the property. If GMS increases their water-taking, the interference may become more significant than indicated. No.5 Road System Review - Cansult Tatham 1) County Road 22. Operations - The Intersection Analysis for County Rd. 22 & 9th Line does not give consideration to the GMS water-taking operations which involve the turning of heavy and slow moving trucks well beyond the peak hours/season. The number of trips per day/night can be estimated by referencing the pumping volume records (MaE). There is also no consideration given to the fact that County Rd. 22 is a major east/west route for heavy transport trucks and part of the haul route for the townshi~'s numerous gravel pits. The northern continuation of the 9 h Line has also been paved since the original traffic study by Tatham and, as the most qualitative route to/from Moonstone, contributes unanticipated additional traffic to this intersection. In addition, there are (7) actively used residential and farm driveway entrances, plus the northern continuation of the 9th Line within 300 metres of the County Rd. 22/9th Line intersection. One of these (within 30 m) is a commercial drive into Ego's Farm Market. , . -4- Within the last few years several major accidents and a fatality have occurred within this short distance. The most recent accident involved a car and a building on the Ego property - since the reconstruction of County Rd. 22. The sight and distance problems at this intersection are grossly underestimated in this report. Turn Lanes - MTO guidelines assume level intersections without si~ht line problems. The intersections of County Rd. 22 and the 8th and 9 h Lines are not level. Approaching traffic on County Rd. 22 is required to brake on a downhill grade, in both directions at the 8th, and westbound at the 9th Line. This areas frequently slippery road conditions combined with the downgrades at both intersections greatly effect reaction time and stopping distance. There is also no lighting at either of these intersections. Sight Lines - Beyond meeting the minimum sight requirement for a County Road with an 80 km/h posted speed, consideration must be given to the cumulative effect of factors, which are specific to these intersections. Left and right turn lanes are warranted at both the 8th and 9th Lines. In fact, if volumes exceed current levels on County Rd. 22, traffic lights at these intersections may also be required. 2) Concession Rd. 8. Operations - Dust is a major problem and the Township is unable to maintain the road surface (gravel) to reasonable levels of service for current levels and types of traffic (daily school buses, heavy trucks). There is also an un-noted narrow bridge over the Coldwater stream at the McNiven property, which warrants improvement. Paving is required for current levels of use. SiQht Lines - In addition to the noted sight line deficiencies from the proposed development to/from the north on Line 8, there is a major sight distance problem (less than 50 m) for opposing traffic at the crest of the first hill south of County Rd. 22. The stated sight distance looking north from the intersection of the 8th at County Rd. 22 ignores the trees obstructing this view. Turn Lanes - Given the gravel surface, downgrade north, and the speed of traffic exiting from County Rd. 22 onto the 8th Line, turning lanes are essential at this intersection. We concur with the conclusion that until the vertical curves and limited sight line problems are corrected - and the 8th Line is paved, as a condition of the approved development - that a reduction in the speed limit should be considered. -. -.Þ 15 TOWNSHIP OF ORO-MEDONTE I MEMORANDUM I To: Planning Advisory Committee cc: Jennifer Zieleniewski, C.A.O., Ron Kolbe, Director of Building/Planning, Nick McDonald, Meridian Planning From: Andria Leigh, Senior Planner R.M. File #: Date: March 31, 2004 Roll #: Subject: Status - Planning Applications for 2004 MSL Official Plan Amendment for Settlement Area, Re- zoning from AgriculturallRural to Residential One, Plan of Subdivision for 93 residential lots Re-zoning from Mineral Aggregate Resources Two to One to pennit aggregate extraction Re-zoning from AgriculturallRural to pennit pallet business 012 P16/89 Properties OM-T-91009 Part of Lot 21, Cone. 3 (Oro) D14 P75/98 Hillway Equipment Part of Lots 8 and 9, Cone. 12 and 13 (Oro) D14 P1O5/00 Bowes/Braden Part of Lot 8, Cone. 4 (Oro) DO9 P115/0l Ucci Part of Lot 27, Cone. 5 (Oro) D14 (01) P129/01 Strimas Part of Lot 12, Cone. 8 (Medonte) Inactive since 1999, Township to comment on draft plan once servicing issues addressed Letter sent to applicant to detennine intent to proceed. Refused by Council, at OMB At OMB Official Plan Amendment for Adult Lifestyle Community Re-zoning to pennit dwelling in the Environmental Protection Zone Adopted and submitted to County. Follow up with Coun . Letter sent to applicant to obtain revised application regarding EP zoning by April 15, 2004. D14 P138/02 Thatcher Re-zoning from Refused by Council, Hearing adjourned until Part of Lot 15, Cone. 9 AgriculturallRural Appealed to OMB. July 6 & 7 to allow (Medonte) Exception to Consent applications, subdivision application to Residential One which had condition of be submitted for Holding Zone rezoning, lapsed in Dee consideration. No 03. application received to date. D14.02. P137/02 Re-zoning from un- Township met with Follow up with staff and Selri Investments zoned land to applicant Nov 2003. applicant Part of Lot 27, Cone. 3 Residential One (R1) Township to follow up (Oro) Zone with applicant D14.02. P134/02 Re-zoning from Application circulated Letter sent to applicant M & S Schneider AgriculturallRural internally. Planning requiring submission of Part Lot 1, Cone. 7 (Oro) (AIRU) to exception to recommended receipt required site/concept plan permit outdoor storage, of concept/site plan by April 15, 2004 or repairs and sale of from applicant. application deemed to be military jeeps and premature and file to be e ui ment closed. D09.02 P133/02 Official Plan Application went to Letter sent to applicant Paul Miller Amendment from PAC where required establishing deadline for Part Lot 20, Cone. 10 Agricultural to studies identified. submission of studies by (Oro) Co mmerci allIn d us trial Last, correspondence April 15, 2004 or file to for range of uses was letter dated be deemed premature and October 24/02 from closed. Wayne Scanlon (Scanlon & Associates) respecting impact of uses on neighbouring lands. Re-zoning from Future Application approved Draft Plan of Condo D12.03 P157/03 Development Exception by PAC on March 8, adopted by Council Horseshoe Resort 67 to Residential Two 2004 for draft plan of March 17, Zoning By-law Part of Lot 1, Cone. 3 Exception Zone and condominium and re- scheduled for Council (Medonte) Plan of Condominium zomng. Meeting April 7, 2004. for 24 units D14 (03) P145/03 Re-zoning from Public meeting held Letter sent to owner to 1254554 Ontario General Commercial to March 19, 2003. No comply with Ministry of Limited (Ken Secord) General Commercial decision to date. Letter Transportation Part of Lot 15, Cone. 1, Exception to permit dated June 16, 2003 to requirements by April 15, 51R-2993, Part 1 and auction sales owner on status and 2004 or file to be closed. 51R-27229, Part required actions 2(Orillia) 2 , ' . D14 (03) P-156/03 and S-3/03 BurchIHoldeniOrsi Part of Lot 34,35, and 36 Cone. 1 (Oro) D12 (03) S-2/03 Bachly Part of Lot 15, Cone. 8, Blocks 65-69, Plan M- 679 (Medonte) D09, D14, & D12 P- 146103 & S-lI03 1204600 Ontario Ltd Lots 18-36, Plan 91, Part of Lot 41 &42, Cone. 1 (Medonte) D09 (03) P-159/03 Lester Cooke South Part of Lot 17, Cone. 3 (OdIlia) D14 (04) 20O4-ZBA-Ol 693316 Ontario Ltd Part of Lot 8, Cone. 9 (Oro) D14 (04) 2oo4-ZBA-02 Georgian North Lands Ltd. Part of Lot 2 and 3, Cone. 9 (Ora) Official Plan Amendment from Rural to Rural Residential and Open Space, Re-zoning from Agricultural/Rural to Rural Residential One, Plan of Subdivision for 54 residential lots Part Lot Control (Subdivision) to create 41 lots Official Plan & Zoning Amendments to permit 183 residential lot subdivision Official Plan Amendment to expand Shoreline designation to permit creation of three residential lots, Re-zoning to Shoreline Residential Zone Re-zoning from Private Recreational Exception Holding to A . culturallRural Re-zoning to amend provisions currently in the Residential One Exception 75 Zone Planning Report on application reviewed at February & March PAC meetings. Planning Report to Council in Dee 03 recommending Part Lot Control for creation of lots within existing registered subdivision a roved b Council Premature until completion of Craighurst Secondary Plan, On hold Circulation in progress, application requires County decision regarding OPA #17 which amends the current Shoreline olicies Currently scheduled for Public Meeting Proceeded to PAC in March 2004, additional infonnation to be presented at April PAC meetin Application refused by Council March 17, 2004. Letters sent to applicant and County advising of Council's decision. Planning File to be closed. Applicant currently revising technical reports to proceed with part lot control, Township to negotiate a possible fire hall site Application to be reviewed at time of completion of Secondary Plan to determine conformity to the Plan Proceed to PAC with planning report once decision received from County on OPA #17 Proceed with report to Planning Committee after Public Meeting. Meet with applicant's consultant to review infonnation requirements prior to PAC meeting 3 \~, " 014 (04) 2004-ZBA-03 Mary Jane Sarjeant Part of Lots 1 & 2, Ran e 1 (Oro) D09 & D14 (04) 2004- OPA-02,20O4-ZBA-04 CRA Developments West Part of Lot 26, Conc. 9 (Oro) D09 & D14 (04) 2004- OPA-0l,2004-ZBA-05 Blueberry Beach (Robert Lean) East Part of Lot 20, Conc. 1 (Orima) D14 (04) 20O4-ZBA-06 Larry Horne Part of Lot 4, Conc. 2 (Orillia) Re-zoning to remove holding provision for property on unassumed road Official Plan Amendment to expand Shoreline designation to pennit creation of 7 residentia1lots, re- zoning to Shoreline Residential zone Official Plan Amendment to expand Shoreline designation to pennit creation of residential lots, re- zoning to Shoreline Residential zone Re-zoning to pennit bed and breakfast establishment Notification to remove Holding provision circulated Circulation in progress, application requires County decision regarding OPA #17 which amends the current Shoreline olicies Application held in abeyance until applicant submits plan of subdivision application Circulation of application in process Proceed with By-law to remove Holding Provision once Site Plan approved b Council. Proceed to PAC with planning report once decision received from County on CPA #17 Proceed with circulation once application for plan of subdivision Received Proceed with Planning Report once circulation complete 4 D12 P13/87 J. Johnston Construction Ltd. Subdivision OM-T-93003 (Part Lot 1, Concession 14 (Oro) P21188 Kovacs OM-T-91050 Part of Lot 11, Concession 2 (Oro P13/89 Buffalo Springs OM-T-91O3l Part of Lots 2 and 3, Concession 9 (Oro) Inactive Inactive Active Active Active Inactive Draft Plan conditions do not contain a "clock" (time limit) to satisfy the conditions. Therefore Draft Plan is approved until registered. Request status letter from owner and recommend to County to revise conditions to put a time limit "clock" into draft Ian a roval. Time limit (clock) issue in draft plan approval. Time limit (clock) issue in draft plan approval. Redline revision received by Township in Janua 2004. Almost registered. Moving to registration. Time limit (clock) issue in draft plan approval. Time limit (clock) issue in draft plan approval. 5 P6/93 Arbourwood Phase III OM-T- 94004 Part of Lot 2, Range 2 (Oro) P5/94 Horseshoe Timber Ridge Part of Lot 1, Concession 4 (Medonte P77 /98 638230 Onto Ltd. (Keyzer) OM-T-90082 Part of Lot 5, Concession 13 (Medonte) Homire OM-T-9OO46 Part of Lot 5, Concession 14 (Medonte) PlOO/OO HRC Lifestyle 43-0M-20001 Part of Lots 3 and 4, Concession 4 (Ora) Active Registered in March 2004. Inactive Time limit (clock) issue in draft plan approval. Inactive Time limit (clock) issue in draft plan approval Inactive Time limit (clock) issue in draft plan approval Active Parts Registered. Time limit imposed in draft plan approval. One year extension granted by the Township on March 17,2004. 6 " . , . TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2004-09 PlanninQ Advisorv Committee Andria Leigh Subject: Department: Council Zoning By-law Amendment for Planning C.of W. Mark and Joanne Scharf Concession 9, South Part of Lot 8, 51 R-28291, Part 1 (Oro) Date: Motion # -- .?? ?nnA R.M. File No. Date: D14 013236 I BACKGROUND: . The purpose of this report, is to consider the proposed Zoning By-law Amendment application submitted by 693316 Ontario Ltd (Mark and Joanne Scharf). The intent of this application is to permit the development of a single detached dwelling and a hobby farm on a 50 acre parcel of land. The application applies to lands legally described as Concession 9, South Part of Lot 8, 51 R-28291 , Part 1 in the Township of Oro-Medonte (formerly Ora). The intent of the proposed Zoning By-law Amendment is to rezone the subject lands from the Private Recreational Exception Holding (PR*117(H» Zone to the Agricultural/Rural Exception (AlRU*154) Zone. ANAL YSIS: In February 2004 a report was presented to the Planning Advisory Committee, which assessed the application. There is currently permission on the subject property for the construction of a golf course and a club house/restaurant in association with lands located in Concession 10, Part of Lot 8 (Oro). If the attached Zoning By-law Amendment is considered favorably it would restrict the permitted uses to what is currently allowed in the Agricultural/Rural zone which include: agricultural uses, bed and breakf( ~t establishments~~ßS, custom workshops. equestrian facilities, farm produce sales outlet, hobby farms, home occupations, market gardens, single detached dwellings. The applicant is intending to construct a single detached dwelling and a small hobby farm on the subject property. . '- Exception 154 is required to do two things: 1. Ensure that any buildings or structures are constructed outside of the Core/Corridor designation identified in OPA #16. On this basis a maximum setback of 190 metres (623 feet) from the front lot line (Line 9 North) is recommended in the by-law. 2. Increase the required front yard setback to reduce the potential impact on buildings adjacent to en existing haul route (Line 9 North). On this basis a minimum front yard setback of 30 metre (98.4 feet) is recommended in the by-law. A copy of the proposed by-law is attached to this report. A public meeting has been scheduled for Monday April 19, 2004. Given the minor nature of the application, it is recommended that the Zoning By-law Amendment be considered at the Planning Advisory Committee meeting being held that same evening. The proposed Zoning By-law Amendment has been circulated to staff and the appropriate agencies and no comments have been received that do not support the proposed Zoning By-law Amendment. The proposed Zoning By-law Amendment would conform with the intent and policies of the Oro-Medonte Official Plan and the County of Simcoe Official Plan. On this basis, it is recommended that the attached Zoning By-law Amendment be given favorable consideration by the Committee and recommended for adoption by Council. COMMENDATION (S): 1. THAT this report be received and adopted; and 2. That the Planning Advisory Committee recommend to Council that the Zoning By-law Amendment for Mark and Joanne Scharf, that would rezone the lands described as South Part of Lot 8, Concession 9, 51 R-28291 , Part 1 (Oro), on Schedule A13 of Zoning By-law 97-95, as amended from the Private Recreational Exception 117 Holding (PR*117(H» Zone to the Agricultural/Rural Exception 154 (AlRU*154) Zone.be adopted. Respectfully submitted, ~~ -td Andria Leigh, MCI~ RPP Senior Planner C.A.O. Comments: Date: C.A.O. Dept. Head 2 .' .. THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2004- Being a By-law to change the zoning on lands within Concession 9, South Part Lot 8, RP 51R-28291 Part 1 (Oro) now in the Township of Oro-Medonte (Scharf). ' WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to re-zone the 'lands to permit the development of rural uses, in accordance with Section 03 of the Official Plan AND WHEREAS Council deems it appropriate to place the subject land in a zone with yard requirements which are better suited for the subject lot; . NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A13'to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 9, South Part Lot 8, RP 51R-28291 Part 1, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from the Private Recreation Exception One Hundred Seventeen with Holding Provision (PR*117(H» Zone to. the Agricultural/Rural Exception One Hundred Fifty-four (AlRU*154) Zone as shown on Schedule 'A-1' attached hereto and forming part ofthis By-law. 2. Section 7.0 to Zoning By-law 97-95, as amended, is hereby further amended by adding the following new section: "7.154 *154 - Concession 9, South Part Lot 8, RP 51 R-28291 Part 1 (Oro) Notwithstanding any other provision in this By-law, the following provisions apply to the lands denoted by the Symbol *154 on Schedule A 13 to this By-law: a) Maximum setback from the front lot line for all buildings and structures Minimum required front yard 190 metres (623 feet) 30 metres (98.4 feet)" b) 2. This By-law shall come into effect upon the date of passage hereof,subject to the provisions of the Planning Act, as amended. READ A FIRST AND SECOND TIME on the day of May 2004. READ A THIRD TIME and finally passed this day of May 2004. J. Neil Craig, Mayor Marilyn Pennycook, Clerk. 2 ky" Schedule lA-II to By-Law This is Schedule lA-II to By-Law passed the day of Mayor J. Neil Craig Clerk Marilyn Pennycook 6 ~ 7 8 . Z ;O.p. "> 9CX) t::r:I Z ~ ----------- 1 0 ~LANDS SUBJECT ~TO THE REZO () ~ N --,,-.,-..-,,-.-.---.-.--".---- '-- 0) t::r:I Z ~ Township of Oro-Medonle 2S TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2004-11 Planning Advisory Committee Nick McDonald, RPP Subject: Department: Council Planning Georgian North Lands C. of W. Limited Property Date: April 14, 2004 Motion # R.M. File #: D12 013409 Date: Roll #: 010-004-04000-0000 I BACKGROUND: I On March 8th 2004, Planning Advisory Committee adopted a resolution that required Georgian North lands Limited to provide such additional information as requested by staff, and for Meridian and staff to report back to Planning Advisory Committee on April 13th 2004. This report serves as a summary of the discussions held since March 8th 2004 with the proponent. ISSUES The proponent, through its consultants, has indicated that they have strong concerns about the draft Peer Review Report prepared by Azimuth Environmental. It is the proponent's opinion that the peer review comments should have reflected the historical permissions on the property and should not have treated or otherwise considered the application as a new application. In response, and as I indicated at the March 8th Planning Advisory Committee meeting, it is not the role of the peer reviewer to consider historical planning approvals when providing the municipality with comments on the work that has been completed in support of a planning application. That is more properly the role of Township planning staff and its consultants, and inevitably, the role of Planning Advisory Committee and Council. On March 18th 2004, Township staff and consultants met with the proponents and their consultants at the Township office. At this meeting, the proponents agreed that they would address some of the peer review comments. However, I was informed on March 29th, 2004 that a response will not be provided and the proponent would not attend a meeting scheduled for March 31st, 2004 with Township staff. This was then followed up with a letter dated April 8, 2004 in which it is indicated that "Georgian does not believe that it is reasonable that the Township ask for the additional environmental " At the March 18, 2004 meeting, I requested that the proponents give some more consideration to the current environmental policies in effect at the Provincial, County and local levels, with particular regard to Official Plan Amendment 16. I indicated that, while there are development approvals on the property, it is appropriate and good planning to assess current environmental policies and determine how the proposal complies with those policies. On the basis of my understanding of the proponent's position with respect to the processing of the application, the proponent is of the view that: . Current and commonly accepted practices regarding the protection of wetlands and their function and the identification and protection of significant woodland areas should not be applied or considered with respect to the development; Th.e planning approvals in place were obtained in 1994 after a significant amount of information and evidence was provided to the OMB on the environmental impact of the proposed development; and, The development fully conforms to OPA16, since OPA16, in its adopted form, continues to designate the property for residential development. . . Given that development on the west half of the property will remove most of the upland forest adjacent to the wetland area, it is our opinion that the function of the wetland will be negatively impacted. In addition, the road crossings themselves will result in the direct loss of wetland. On this basis, it continues to be my opinion that some regard should be given to reducing the amount of development on the west half of the property or eliminating some of those components altogether, to ensure that as much of the wetland function is maintained. Although the proponent is of the view that current policies and standards should not apply to the property, it is my opinion that it is in the public interest and entirely responsible for a municipality to consider current and evolving policy framework when reviewing any application for development. Given that the proponent has indicated that no further environmental analysis will be completed, Council has two options, as set out below: 1. Council could direct staff to hold a public meeting on the application in accordance with Section 34 of the Planning Act. The intent of the meeting would be to obtain public input on the application. 2. Council could defer holding a public meeting until further environmental analysis has been completed. It is recommended that Option 2 be selected. It is my opinion that sufficient information has not been made available to enable the public to generally understand the nature of the proposal, which is a requirement of the Planning Act. OMMENDATION S : On the basis of the above, it is recommended: . THAT Report No. PD2004-11 be received and adopted. -.- 2 25 TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2004-11 Planning Advisory Committee Nick McDonald, RPP Subject: Department: Council Planning Georgian North Lands C. of W. Limited Property Date: April 14, 2004 Motion # R.M. File #: D12013409 Date: Roll #: 010-004-04000-0000 GROUND: On March Sth 2004, Planning Advisory Committee adopted a resolution that required Georgian North lands Limited to provide such additional information as requested by staff, and for Meridian and staff to report back to Planning Advisory Committee on April 13th 2004. This report serves as a summary of the discussions held since March Sth 2004 with the proponent. ISSUES The proponent, through its consultants, has indicated that they have strong concerns about the draft Peer Review Report prepared by Azimuth Environmental. It is the proponent's opinion that the peer review comments should have reflected the historical permissions on the property and should not have treated or otherwise considered the application as a new application. In response, and as I indicated at the March Sth Planning Advisory Committee meeting, it is not the role of the peer reviewer to consider historical planning approvals when providing the municipality with comments on the work that has been completed in support of a planning application. That is more properly the role of Township planning staff and its consultants, and inevitably, the role of Planning Advisory Committee and Council. On March 1Sth 2004, Township staff and consultants met with the proponents and their consultants at the Township office. At this meeting, the proponents agreed that they would address some of the peer review comments. However, I was informed on March 29th, 2004 that a response will not be provided and the proponent would not attend a meeting scheduled for March 31st, 2004 with Township staff. This was then followed up with a letter dated AprilS, 2004 in which it is indicated that "Georgian does not believe that it is reasonable that the Township ask for the additional environmental analysis..." --~---~--_.~.~ - 2(;; At the March 18, 2004 meeting, I requested that the proponents give some more consideration to the current environmental policies in effect at the Provincial, County and local levels, with particular regard to Official Plan Amendment 16. I indicated that, while there are development approvals on the property, it is appropriate and good planning to assess current environmental policies and determine how the proposal complies with those policies. On the basis of my understanding of the proponent's position with respect to the processing of the application, the proponent is of the view that: . Current and commonly accepted practices regarding the protection of wetlands and their function and the identification and protection of significant woodland areas should not be applied or considered with respect to the development; The planning approvals in place were obtained in 1994 after a significant amount of information and evidence was provided to the OMB on the environmental impact of the proposed development; and, The development fully conforms to OPA16, since OPA16, in its adopted form, continues to designate the property for residential development. . . Given that development on the west half of the property will remove most of the upland forest adjacent to the wetland area, it is our opinion that the function of the wetland will be negatively impacted. In addition, the road crossings themselves will result in the direct loss of wetland. On this basis, it continues to be my opinion that some regard should be given to reducing the amount of development on the west half of the property or eliminating some of those components altogether, to ensure that as much of the wetland function is maintained. Although the proponent is of the view that current policies and standards should not apply to the property, it is my opinion that it is in the public interest and entirely responsible fo~ a municipality to consider current and evolving policy framework when reviewing any application for development. ' Given that the proponent has indicated that no further environmental analysis will be completed,. Planning Advisory Committee has two options, as set out below: 1. Planning Advisory Committee could recommend to Council to hold a public meeting on the application in accordance with Section 34 of the Planning Act. The intent of the meeting would be to obtain public input on the application. 2. Planning Advisory Committee could recommend to Council not to hold a public meeting until further environmental analysis has been completed. It is recommended that Option 2 be selected. It is my opinion that sufficient information has not been made available to enable the public to generally understand the nature of the proposal, which is a requirement of the Planning Act. II RECOMMENDATION<!>: I On the basis of the above, it is recommended: . THAT Report No. PO 2004-11 be received and adopted. ick McDonald, MC I RP .. Ptanning..Cons uItanL .n~nnm- 2