Loading...
1991-009 Oro I I I "., I I 11 II .. I II I ''\ ,. II II II \1 II II II THE CORPORATION OF THE TOWNSHIP OF ORO BY-LAW NO. 91-09 Being a By-law to Adopt Official Plan Amendment No. 49 WHEREAS the corporation of the Township of Oro has an Official Plan under section 17 of the Planning Act, 1983; NOW THEREFORE the Council of the corporation of the Township of Oro in accordance with the provisions of the Planning Act, enacts as ,follows: 1. The explanatory text, attached hereto and forming part of this By-law, which constitutes Amendment No. 49 to the Official Plan of the Township of Oro is hereby adopted. 2. The Administrator/Clerk is hereby authorized and directed to make application to the Ministry of Municipal Affairs for approval of Amendment No. 49 to the Official Plan of the Township of Oro. 3. This By-Law shall come into force and take effect on the day of the final passing thereof. READ a first and second time this 21st day of January, 1991. READ a third time and finally passed this 21st day of January, 1991. THE CORPORATION OF THE TOWNSHIP OF ORO ReeU:1E, g:ag~ A~~Obert W. Small II .~ . ~. AMENDMENT NO. 49 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO e ,~ . AMENDMENT NO. 49 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO The attached explanatory text and Schedule "A" constituting Amendment No. 49 to the Official Plan of the Township of Oro, was prepared and adopted by the Council of the Corporation of the Township of Oro by By-law No. 91-09 in accordance with the provisions of section 21 of the Planning Act, 1983, on the 21st day of January 1991. U?8 jEEVE ~ CORPORATE SEAL OF MUNICIPALITY /ffh' CLERK-ADMINISTRATOR e " AMENDMENT NO. 49 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO e AMENDMENT NO. 49 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO INDEX PAGE The Constitutional statement PART A - THE PREAMBLE Purpose Location Basis 1 2 2 2 2 PART B - THE AMENDMENT PART C - THE APPENDIX 3 4 e The constitutional statement The following Amendment to the Official Plan of the Township of Oro consists of three parts. PART A - THE PREAMBLE - consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. PART B - THE AMENDMENT - which sets out the actual Amendment and consists of Schedule "A" attached hereto constitutes Amendment No. 49 to the Official Plan of the Township of Oro. PART C - THE APPENDICES - consists of information pertinent to this Amendment in the form of background information. This section does not constitute part of the actual Amendment. 1 e PART A - THE PREAMBLE 2. 1. PURPOSE The purpose of this Amendment is to redesignate certain lands from the "Agricultural" designation to the "Estate Residential" designation. LOCATION This Amendment proposes to redesignate certain lands on Schedule "E7" of the Official Plan of the Township of Oro located in the northwestern portion of Lot II, Concession 10. 3. BASIS This Amendment proposes to redesignate those lands located in the north west quarter of Lot II, Concession 10 from the "Agricultural" designation to the "Estate Residential" designation to allow for a proposed 31 lot subdivision. 2 e PART B - THE AMENDMENT All of this part of the document entitled Part B - The Amendment, which consists of Schedule "A" attached hereto, constitutes Amendment No. 49 to the Official Plan of the Township of Oro. DETAILS OF THE AMENDMENT The Official Plan is amended as follows: 1. Schedule "E7" to the Official Plan of the Township of Oro is hereby amended by redesignating lands described as Part of Lot 11, Concession 10 and identified on Schedule "A" attached hereto, from "Agricultural" to "Estate Residential". 3 e PART C - THE APPENDIX The following appendices do not constitute part of Amendment No. 49 but are included as information supporting the Amendment. I. Agricultural Assessment 2. Hydrogeological Investigation 3. Preliminary Drainage Report 4 08/21/90 09:07 LEHMAN & ASSOCIATES 003 AGRICULTURAL AS5ESSMENT FOR SCOTT SILO SUBDIVISION Introduction It Mr. Eric Scott of Scott Silo Construction has proposed a plan of subdivision for the northwest. corner of Lot II, Concession 10. Oro Township, Simcoe County. The proposed subdIvIsIon will contain 31 lots occupyIng 17.8 ha of st.anding forest and reforestation planungs of .pine, spruce and cedar. Considerations - .< Under lhe Planning Act, 1983. It 15 necessary t.o have regard for policy staten1ents which relate to II1UIllCIpaT planning when developments such as the Scott Silo SubdIvIsion are proposed. Although the Food I..(-.md Guidelincs cue not yet In the for:m of a policy statement, they are . official provtncIal policy. Any developrnenl application whIch affects OntariO'S agrieult.ural lands rnust address the pertinent policies of the Food 4'\I1d Guidelines. Under the Food Land Guidelines, two general components must be c.:uw:;idereu ill an agricultural assessment. These are the potential for cOl1~u11ling a~ricultural resources and the potenti~l for creating C01"ltlict. The subject property as well as the surrounding land ut'~~ must be carefully considered. ThiS agricultural assessn1ent does not attempt to meet the Justification requirements of the Food Land Guidelines. Section 3.14.1 to 3.14.4. It is assunled that the 'need' for this type of development has been fully documented and that consideration of alternate sites has occurred. Soil Resources The soil, as identified in the Soil Survey of Simcoe County (1962). on the subject property IS a Tioga-Va8~y Complex. This COlllplex 15. cOluposed of seventy percent Ttoga loamy sand and twenty p~rcen t Vasey sandy loam, The rel11atning ten percent consists of a variely of sandy loam. silty clay loam, gravelly sandy toaIn and muck soils. The topography throughout. t.hi~ soil conlplex 15 rugged. Slopes may be 4ulle ste~p. Some lcvel areas do occur at the top of h1lls and between hills but these are relatively small 1n size. About one third of thIs sol1 complex is :-;toH~Y, Hath ~ranlte and Um.estoll.e boulders may be present. tloth the Tioga loamy sand and the Vasey sandy loron have low natural fertility levels and require fert1l1zatlon before any c.:rupping can. occur. It 08/21/90 09:08 LEHMRN & RSSOCIRTES 004 These sol1s are all:)u highly susceptible to erosion and tend to bc droughty (HoffIIlan. Wicklund & Richards, 1962). The Canada Land Inventory (C,L.I.) solI capability for agriculture show the subject property to be 7t6 4 fm4. This complex Is limited by topography, fertility. a.nd moisture holding capacity. Site Inspection The subject property was visited on July 12. 1990. While Inspecting the site. It was noted that throughout the site. the 5011 had a high sand coutenL The topography varted from near level to steeply sloping. However, topography did not appear to b~ as limiting a factor as suggested by the C,L,I, Evidence of previous and ongoing soil erosion were present. While the. tn,~~ cov~r adequately protected most of the subject property from wind erosion, water eroston' was COIluIluing' to occur In various locations, The soil appeared to have acidic characteristics. The Ilcsl.und vegetation contained few grass species. and a variety of weeds. . Often the ground covered was moss. The subject property is presently reforested in various coniferous species. There are a nUUluer of planta.tions ranging in age fronl several tlceaucs lo several years. It appeared that some of the plantations may have been origtnally planted for use as Christmas trees. Agricultural Capabllit7 of Subject ProperiT The C.L.I. describes the subject property as being sixty percent Class 7t and forty percent. Class 4 fm soils With topography. fertility and so11 moisture beinA the I1mlt1ng factors. From th~ sit~ tmspecUou on July 11, topography did not appear to be as limiting as the C,L.I. suggests. Only forty percent of the subject property appeared to be severely rest.rict.ed by steep slopes. Under the Food Land Guidelines. Sections 2.9 to 2.15. prime agricultural lands are con~idered to be salls with an agricultural capability of Class 1 to 4, Approximately sixty percent of the subject. property has a capabntty of Class 4. In the Appendix of the Food Land Gu1dehnes, Part I. Class 4 sol1s are considered to have a 0.58 capabiUty factor as cOJIlpar~d tu Class 1 soils in. the Anderson's ~'orage Yields. Given that only slxly percent uf the subject property is Class 4. the subJect property has the abll1ty to produce approxiInalely one UIird as much forage 3S a slmllar sized parcel of Class 1 soil. 2 It 08/21/90 LEHMAN & ASSDCIATES 005 09:09 Surrounding Land Uses The lands directly to the north of the subject property are primarily refDrested plantation with an estate resIdential dwelling located within the reforestation. To the northwest of the =subject property 1& the Knox Presbyterian Church and cemetery. Surrounding the church grounds ts idle land and an airslrip. To the northeast is several small fields growing hay and oals. ThIs area 15 approximately ten acres in size. Neighbouring these small fields are several non-farm residences including Wesley Heights Beechwood Crescent subdivision. To the east of the proposed subdivision is a non-farm residence and a sizeable acreage of bush. To the south is a snlall field of hay and to the south of the hay field IS a considerable acreage of agrIcultural land. acuveJ:y:. worked by the Scott family. Directly to the west, on the corner of Lot 11. Concession !::J Is a retlrement lot:" own-ede-by GeoI'ge Tral1....~The rernainder of this property Is actively farmed by Ken and Gall Tran. The 145 acre property is a cow calf operation based on a forage/grain. rotation. A barn capable of housIng 65 head of cattle eXists on this propert.y. Agrlcultu.ral Code of Practice The Agrtcultural Code of Practice was developed in 1976 in all effort to help luInimIze land use conflicts between agricultural operatione and non-agricultural developments. As a IIleans of reducing potential cont1icts. the Agricultural Code of Practice utilizes a minimum distance separation requirement. The Minimum Dl!Slance Separation (MUS) is designed to reflect the odour potential of a well managed lIvestock operation. Included in this calculation Is an allowance for reasonable future expansion of the livestock facility. The facUlty of concern Is the barn located on Lot 11. Concession 9, Oro Township. The barn has a capacity of 65 head of cattle and has a dry manure system. The property on which the barn is located IS 145 acres and Is used for cow calf production. The MDS calculation Is as foUows: Animal Units - 1 fiO (Based on 2 x tiltable acreage to maximum of 150) Type of Livestock - cow/calf beef/total confinement Type of Manure System - Dry Factor R ill: 1. 172 Factor A = 0.7 Factor D = 0.7 Encroachment Factor - SubdIvision Propo~a1 Factor E = 1.5 Distance Coefficient II ;;;; AxBxDxE = 0.81642 e 08/21/90 09:09 LEHMAN & ASSOCIATES 006 H X 1000 ft. = 861 ft. or 265 m. Based on this calculation, the MDS for this barn is 861 feet or 265 metres. The actual distance is about 975 feet or 300 metres. Conclusions Under the Food Lanu Guidelines, proposals such as the Scott SUo SubdivtSiOn require that consiu~raUon be given both to the capability of the site for agricultural production and the potential for creating conflict with exiSting agricultural operations. Based on the site inspectton, appro.x11nately sixty p~rcenl of the: subject property has an agricultural capability uf Class 4. However, this Class 4 land is Interlaced with Class 7 solIs. Agrtcullural production on the site would be limited to forage! patiture production unless extensive lnput5 suc~ as fertilizer and erosion control measures are Implenlented. ,The su~1ect properly is capable of produ-cing ~otily about one third the productton of a SHullar sized parc~l of Class 1 land. Potentlal conflict belw~eI1 Ule e.x.1stlng ban'l located to the west of the subject property has been cOIlsiuered. According to the Agricultural Code of Practice. a Minimum Distance separation of 861 feet ,or 265 metres is required. The actual d18t.ance is 975 feet or 300 metres. The lands to the south aud west of the proposed subdivision are currently being used for forage proUUCUOIl. Agriculture throughout the general area appear to b~ ua:scu on a fm-age grain rotation. There are few row crops grown within several kilometres of the subject property. The land uses t.o the north and east are priInarlly reforestation., natural bush and non-farm residences located on sand hills. The subject property appears lo 1J~ pad of these kan'le and morainic deposits whiCh occupy sevcral thousand acres to the north and east of the subJcct property. The Scott Sl10 Subdivision will have l1ttle impa.ct. on the agricultural nature of Oro Township, The ~1,J1JJecl property has marginal agricultural capability. The site is part of a larger non-agricult.ura11and' form. The proposed subdivtsion meets the required MiniInum Distance separation as set out tn Agricultural Code of Practice. 4