1990-138 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 90- 138
Being a By-Law to Adopt Official Plan Amendment No. 48 and Repeal!
By-Law No. 90-125
The Council of the corporation of the Township of Oro, in
accordance with the provisions of the Planning Act, hereby enact as
follows:
1. The attached explanatory text which constitutes
Amendment No. 48 to the Official Plan of the
Township of Oro, is hereby adopted.
2. The Administrator is hereby authorized and directed to make
application to the Ministry of Municipal Affairs for
approval of Amendment No. 48 to the Official Plan of the
Township of Oro.
3. By-Law No. 90-125 of the Corporation of the Township of
Oro is hereby repealed.
4. This By-law shall come into force and take effect on the day
of the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME, THIS 5TH DAY OF December
1990.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF
December 1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
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Administrator/Clerk - Robert w.
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II III IV MIEDDNT. T WP.
V VI VII VIII
IX X X XII XIII XIV PROPOSED
CRAIG HURST COULSON
40 TT COUNTRY/ESTATE
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38 3 RESIDENTIAL
37 DEVELOPMENT
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34
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33 AUGUST 'Isas
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31
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30
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28 9 DEVELOPMENT LOTS
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10 1 WOODLAND ESTATES
26 RUGB 23 (+241)
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~ 25 EDGAR 2 GROSSMAN SUBDIVISION 50
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23 4 SIMORO GOLF COURSE 9
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III 7 KOVACS 32
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9 SCOTT SILO 34
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CRAIGHURST COULSON
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37 3 DEVELOPMENT
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16 10 SCOTT ESTATES 3
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AMENDMENT NO. 48
TO THE OFFICIAL PLAN
OF THE
TOWNSHIP OF ORO
AINLEY AND ASSOCIATES LIMITED
consulting Engineers and Planners
48 High Street
Barrie, ontario
L4N 1W4
File #289192
October, 1990
Telephone: 705-726-3371
Fax: 705-726-4391
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AMENDMENT NO. 48
TO THE OFFICIAL PLAN
OF THE
TOWNSHIP OF ORO
The attached explanatory text constituting Amendment No. 48 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-law No.
in accordance with the provisions of section 21 of the Planning
Act, 1983, on the 5TH day of December, 1990.
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ADMINISTRATOR
AMENDMENT NO. 48
TO THE OFFICIAL PLAN
. OF THE
TOWNSHIP OF ORO
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INDEX
PAGE
The Constitutional statement
1
PART A - The Preamble
Purpose
Location
Basis
2
2
2
2
PART B - The Amendment
Introductory statement
Details of the Amendment
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3
3
PART C - Appendices
Appendix 1 - Background Report
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The Constitutional statement
The following amendment to the Official Plan for the Township of
Oro may consist of three parts.
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PART A - THE PREAMBLE - consist of the purpose, location and basis
for the Amendment and does not consti tute part of the actual
Amendment.
PART B - THE AMENDMENT - consisting of the following text and
Schedule nAn constitutes Amendment No. d8 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.
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TOWNSHIP OF ORO
AMENDMENT NO. 48
TO THE OFFICIAL PLAN OF
THE TOWNSHIP OF ORO
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PART A - THE PREAMBLE
1. Purpose
The purpose of this Amendment is to assess the development of large
country, estate residential development as to amount and location
throughout the Township.
2. Location
This Amendment proposes to modify section 5.4 Residential
subsection 5.4.4(c) and to delete and replace the last paragraph
of the section 5.4 Estate Residential policy.
Section 5.13 "Country Residential" is amended so as to recognize
those existing areas designated Country Residential on the Official
Plan Schedule and to develop future country and estate lots under
the "Estate Residential" designation.
3. Basis
The Township of Oro has over the past few years received a number
of development proposals for Estate and Country Residential
developments. This has caused some concerns since:
(a) Vast acreage of the northern part of the Township exhibit the
characteristics for estate or country residential development.
(b) The existing Estate Residential policy restricted the number
of units for estate development to 10 units per year.
(c) A suitable and reasonable method of control does not exist.
In order to address these concerns the Township initiated a study.
This study is appended to this amendment. This study in general
terms establishes a method of control, recommends specific
amendments to the Official Plan and comments on the various
development proposals and population projections for the Township.
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PART B - THE AMENDMENT
All of this part of the document entitled Part B - The Amendment,
consisting of the following text, constitutes Amendment No. 48 to
the Official Plan of the Township of Oro.
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DETAILS OF THE AMENDMENT
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The Official Plan is amended as follows:
1. section 5.4 Estate Residential subsection 5.4.4(c) is hereby
amended by deleting the last sentence in its entirety and
replacing it with the following:
"This does not preclude the requirement for a municipally
owned communal water system if it is deemed necessary as a a
result of a review by the Ministry of the Environment and/or
the Simcoe County District Health Unit and the Township."
2. The last paragraph in section 5.4 Estate Residential following
subsection 5. 4 . 4 (e) is hereby deleted in its entirety and
replaced with the following:
5.4.5
Generally lot sizes in estate residential
developments shall vary with the minimum lot size
ranging from .4 hectares upwards to 1 hectare or
more in size. This variation in lot size is
provided so that estate residential development can
be designed with the characteristics of the physical
features of the area.
5.4.6
The Township of Oro basically provides 3 forms of
residential development in the Township relating to:
(a) Hamlet and shoreline residential development.
(b) Large lot country and estate residential
development, and
(c) Residential development that is marketed on a
recreational basis.
The large lot country/estate residential development
forms a specific segment of the market which
presently comprises approximately 4.5% of the
Township's existing residentially assessed units.
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3.
It is the intention of Council to maintain the
continued growth of this segment of the housing
stock while providing controls as to the amount of
growth and an adequate selection of housing in
various locations. In order to meet this intent,
estate residential development shall not exceed more
than 10% of the total number of residentially
assessed units in the Township. The total number
of residentially assessed units within the Township
of Oro in 1988 equalled 4,679 units. The source for
this number of units is the "Regional Assessment
Commissioner's Annual Report" which shall be used
to implement this policy. Thus, 10% of the
residentially assessed units is 468 units. Existing
estate and country residential developments
presently accounts for 209 units, therefore, an
additional 259 estate residential units could be
considered for development. To calculate the number
of estate residential units which could be
considered for development in subsequent years, the
same procedure would be used. The number of
additional estate residential units permitted in
subsequent years is determined by subtracting the
residentially assess units in anyone year from the
previous years and multiplying the result by .1.
section 5.13 Country Residential subsection 5.13.1 Policies
is hereby amended by adding a new clause preceding clause (i)
as set out below and renumbering the following clause
accordingly.
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"(i) This designation applies only to those areas designated
or approved as Country Residential as of September 1,
1989. All future development with lot sizes .4 hectares
or larger if approved shall be designated as Estate
Residential and the policies of section 5.4 Estate
Residential shall apply. Those lands already designated
Country Residential shall be subject to the policies set
out below."
4. section 5.4.2 (b) is amended by adding the words "by the
Township" following the word "site".
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PART C - THE APPENDICES
The following appendices do not constitute part of Amendment NO.48
but are included as information supporting the Amendment.
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A REVIEW -'OF THE ESTATE RESIDENTIAL
AND COUNTRY RESIDENTIAL DEVELOPMENTS
WITH SPECIFIC REFERENCE TO THE NORTH
WEST ORO STUDY AREA
TOWNSHIP OF ORO
AINLEY AND ASSOCIATES LIMITED
Consulting Engineers and Planners
48 High street
Barrie, ontario
L4N 1W4
Telephone: 705-726-3371
File 1289192
October, 1989
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A REVIEW O~ THE ESTATE RESIDENTIAL
AND COUNTRY RESIDENTIAL DBVELOPKEJft'S
WITH SPECI~IC REFERENCE TO THE NORTH
WEST ORO STUDY AREA
TOWNSHIP O~ ORO
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1.0 PURPOSE AND BACKGROUND
OVer the past few years the area north of Highway 11 has
experienced significant pressures for development in terms of
expansion to existing hamlets, large scale recreational oriented
developments and large ,lot Country and Estate Residential
developments. This report deals specifically with the
development of Country and Estate Residential developments.
Estate and Country Residential developments and proposals for the
most part have occurred as small isolated developments with the
exception of the area adjacent to the existing Woodland Estate
Subdivision located in part of Lot 37, Concession 1. A number
of development proposals have been submitted which if approved
would create a concentration of estate residential development
in this area.
While detailed policies exist within the Official Plan regarding
estate residential development, certain concerns exist. These
concerns are set out below:
(a) The Official Plan policy for estate residential development
contains an outdated phasing policy which would permit the
development of a maximum average of 10 estate lots per year.
This policy has resulted in the majority of proposals
submitted being designed for a Country Residential
designation which does not have the restricted phasing
policy.
(b) Concerns exist in that vast acreage of land north of Highway
11 exhibit characteristics which would satisfy the estate
residential criteria.
(c) Concerns exist that an effective means of control does not
exist which would allow for some large lot development but
yet would give council control of the amount of such
development.
(d) Once a method of control is established the various
proposals should be assessed in light of these controls.
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To address the concerns as indicated above, it was
determined that a study should be undertaken to:
a) Establish an effective method of control to
regulate large lot developments within the
Township which will permit a reasonable amount of
such development.
Review the policies of the Official Plan relating
to Estate Residential and Country Residential
development.
b)
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Specifically review the potential for large lot
development in the north west area of the
Township.
d) Assess the proposals for Estate or Country
Residential developments in light of the Official
Plan and any development policy for the control
of large lot development.
c)
e) Establish an amendment to the Official Plan to
implement the findings of this study.
The current Estate and Country Residential policies of the
Official Plan are set out below for the convenience of the
reader.
5.4.2
Estate Residential
The Estate Residential designation recognizes the
existing residential subdivisions in the municipality.
The construction of single family residences within
these developments is permitted subject to the
requirements of the simcoe County District Health unit
and the applicable zoning By-law.
Council may consider the redesignation of additional
land to Estate Residential purposes provided:
"5.4
5.4.1
a) The proponent prepares and the Township, in
consultation with the appropriate Provincial
Agencies, approves an environmental evaluation
dealing with the impact of the proposed
development on at least the following:
agricultural land and agricultural operations
ground and surface water regimes
roads and traffic
vegetation and wildlife
soils and topography
municipal finances and administration
visual impact
any other environmental matters which may be
a consideration of the specific site.
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5.4.3
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b) A draft plan of subdivision is appro~ed for the
site.
c) A preliminary site grading plan is submitted to
and approved by the Township.
A minimum setback of 15 metres from the top of a
slope or bank, or toe of a slope having a slope
of 10% or more, is provided for all buildings and
construction. All buildings, sewage disposal
facilities and dwellings shall be set back a
distance of 15 metres from the top of the bank of
a watercourse or municipal drain. Notwithstanding
the above, where the limits of a floodplain or
wetland area are established, no building, sewage
disposal facility or dwelling shall be permitted
within 15 metres of such floodplain or wetland
providing that a minimum 15 metre setback from the
top of any bank is maintained.
The OWner enters into an agreement with the
municipality to ensure the orderly development of
the lands and to defray such costs as the
municipality is likely to incur.
Lands which may be considered for Estate Residential
purposes must:
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a) Avoid land having a C.L.I. agricultural capability
of Classes 1, 2, 3 or Class 4 in conjunction with
a Class 1, 2 or 3 and additional areas where farms
exhibit characteristics of ongoing viable
agriculture.
Be removed from any existing or potential
livestock operation in accordance with the
requirements of the Agricultural Code of Practice.
b)
c) Be located in scenic, rolling topography, but
shall not generally contain slopes in excess of
15%.
d) Contain sufficient tree cover to screen dwellings
and roads from abutting lands and roads.
e) Contain suitable building sites without
significant alteration to contours and vegetation.
f) Have access to a municipal road of a standard of
construction and maintenance capable of
accommodating the expected traffic.
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5.4.4
g) Be suitable for the installation of a private
sewage disposal system without the excessive
importation of fill material and the installation
of such systems shall not affect existing surface
and groundwater systems.
h) Be supported by a hydrogeologist ' s report
confirming that a sufficient supply of potable
water exists to serve the development without
affecting negatively the wells on abutting lands.
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Prior to the redesignation of lands for Estate
Residential purposes, the Township will satisfy itself
that the design is such that:
a) Access to all lots is from an internal public
subdivision road only, which will be constructed
to municipal standards. The road layout shall be
designed to provide convenient and safe access to
each lot.
b) The lots are well proportioned and of regular
shape.
The lots have sufficient table land to permit the
installation of a private sewage system and a
private well. Communal water systems will not be
approved.
d) A minimum setback of 15 metres from the top or toe
of bank having a slope of 10% or more is provided
for all buildings and construction. All buildings
and dwellings shall be setback a distance of 15
m from the limit of an established floodplain, or
wetland whichever is greatest.
c)
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e) Erosion will not occur and the disruption to
existing vegetation is minimized. Existing trees
and contours are to be maintained to the extent
possible.
Generally, individual Estate Residential subdivisions
will occupy an area of not more than 10 hectares and
be designed at an average density not to exceed 1 unit
per gross hectare. The municipality will monitor the
number of Estate Residential development occurring in
the Rural area in order to ensure that on an average
not more than 10 Estate Residential lots are created
annually. It is intended that Estate Residential
subdivisions will be separated from each other by
approximately 2 kIn."
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The Country Residential policies are as follows:
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"5.13 CountrY Residential Policies
The predominant use of lands designated Country
Residential shall be for single family dwellings and
accessory uses thereto.
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5.13.1 . policies
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i) All residential development shall be supplied with
individual wells and septic systems. This
however, does not preclude the requirement for a
municipality owned communal water system if it is
considered necessary as a result of the review of
the Ministry of the Environment and/or the simcoe
County District Health unit.
ii) The minimum lot size in this designation shall be
4,000 square metres.
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iii) Limited home occupation and professional uses will
be permitted in private homes in any area provided
that these do not alter the character and amenity
of the neighbourhood. The implementing Zoning By-
law shall contain those uses which will be
permitted as home oCcupations.
iv) All development shall be so designed as to blend
in with the natural characteristics of the area
by maintaining the vegetative characteristics of
the area, and by requiring the building to be
designed in such manner, both in form and colour,
so as to blend in with the surrounding area. In
this regard, the use of building envelopes and
areas where building and tree cutting prohibited
shall be instituted so as to effectively reduce
the impact of any development. Additionally,
agreements under the provisions of the Planning
Act may be entered into to achieve the above
policy. .
v) In the area designated Country Residential located
south of the Ridge Road in Concessions 1 and 2,
and Range 2, no development will be permitted
within 38 metres from the centreline of the road
or within 30 metres from the edge of the road,
whichever is greater.
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vi) Prior to any development being permitted in this
area, appropriate studies dealing with the
location of areas suitable for development,
drainage conditions, water table levels, runoff,
and the effect of development on the surrounding
areas shall be completed and shall receive the
approval of the Council, the Municipal Engineer,
the Ministry of the Environment and the Ministry
of Natural Resources.
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vii) Because of the presence of C.N.R. lines in the
Plan Area as a potential noise source, measures
will be adopted to reduce the adverse effects of
the railway upon the residents as JlUch as possible
when developing residential areas adjacent to the
railway line."
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2.0 REVIEW OF THE EXISTING ESTATE AND COUNTRY RESIDENTIAL
POLICIES
The existing Estate Residential policy would appear to generally
provide adequate guidelines to ensure the proper and orderly
development of specific estate residential developments regarding
design, environmental concerns, etc. While some additional
design pOlicies may be necessary, more serious concern however
exists with respect to the policy as it applies to :
(a) -The maximum number of hectare per development (10
hectares): ..
(b) The density requirements (1 unit/hectare):
(c) The total average number of units: and
(d) The separation distance required between developments
(2 kilometre).
specifically these policies in our view are very restrictive and
functionally mitigate against the development of Estate
Residential development. Firstly, the maximum development area
of 10 hectares (25 acres) coupled with the density requirement
of 1 unit per hectare would restrict a development to a maximum
of only 10 units. This would not allow for an overall, co-
ordinated development of a unit of land, and would likely not be
cost effective to the developer or the Township. This coupled
with the ability to develop a maximum of 10 lots per year would
not permit the municipality to adequately address servicing and
"housing in the large market lot segment. Finally, the 2
kilometre separation distance requirement would not permit the
co-ordinated development of an area considered appropriate for
more intensive estate or large lot development.
These restrictions on Estate Residential development have placed
greater pressures for the development of Country Residential lots
which the policy would allow for development with a minimum lot
size of .4 hectares and no restrictions relating to separation,
density restrictions, land area for development restrictions or
annual quotas.
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3.0 RESIDENTIAL DEVELOPMENT AND POPULATIOB
The 1988 population as set out in the Annual Report of the Simcoe
County Assessment Region for the Township of Oro vas 7789 persons
which represented a 463 person increase over the 1985 population
of 7326 persons. This would represent an annual percentage
increase of approximately 2.1% per year. This average annual
growth rate however may be considered somewhat misleading based
on the pressure for development being experienced. Presently it
is estimated that approximately 2500 lots are presently under
review by the TownshipA
Residential development within the Township generally falls
within three specific forms of development. These are described
as follows:
a) Hamlet, Shoreline, Rural Development.
This segment of the Township population relates to lots
created in the rural area under the severance policy,
the development of lots within the shoreline area and
the extension and development of the Township's village
Communi ties and Hamlets. Presently development has
been proposed in Shanty Bay, Oro Station, Hawkestone,
Guthrie, Edgar, Jarratt and Price's COrners.
b) Estate and Country Residential
This segment relates to the large lot estate and county
residential development, basically existing and
proposed throughout the rural area of the Township.
c) Recreational - Oriented Development
This segment consists primarily of those developments
which would be marketed on a recreational basis to a
much larger market than Oro Township. These
developments or proposals would include Horseshoe
Valley, Sugarbush and Buffalo springs.
While the proposed development in each of these residential
segments is significant, this report deals specifically with the
estate and country residential segment.
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.. . 0 ASSESSMENT OF DEVELOPMENT PROPOSALS IN '!'HE NORTH WEST
STUDY ORO AREA
A significant portion of this report deals specifically with the
North West Oro study Area which is generally composed of Lots
31 to 40 in Concession 1 and Lots 1 through 7 in Concession 2 and
3. The Hamlet of craighurst as defined by the craighurst
Secondary Plan is not included wi thin this study area. The study
area is' further described as being bounded on the west by
Provincial Highway 93, ...by County Roads 22 and 57 to the north and
east and by the road allowance between Lots 30 and 31 to the
south. The study area is shown in the appended map schedule.
While Estate Residential development proposals have been received
in various locations throughout the Township of Oro, a number of
development proposals have been submitted which are concentrated
in the north west portion of the Township. These proposals are
located near an existing 23 lot residential development (Woodland
Estates) within Lots 37, Concession 1.
The following assessment identifies and reviews the development
proposals in context with surrounding lands and level of
development within this portion of Oro Township.
4.1
The Development Pro~osals
4.1.1
Woodland Estates Development Proposal
The proposed Woodland Estates development located in part of Lots
35 and 36 is an extension of the existing Woodland Estates
development. Two phases for the development are proposed. Phase
1, located immediately south of the existing subdivision,
encompasses 19.0 hectares and includes a total of 23 residential
lots and a 1.0 hectare park block. The road pattern would
basically extend Woodland Crescent and link into the existing
alignment of Bass Lake Side Road. All the proposed residential
lots would access from this interior road. A mixture of Country
and Estate Residential lot sizes are proposed with fifteen 0.4
hectare minimum lots south of the proposed road and eight 0.8
hectare minimum lots north of the proposed road.
Phase 2 would incorporate lands approximately 16 hectares in size
in the east half of Lot 35, south of the existing alignment of
the Bass Lake Side Road. Development of this property would
occur only in conjunction with the Township lands located
immediately to the north of these lands. While a detailed
proposal of this area has not been submitted, it would appear
that an additional 24 lots may be possible including
approximately 10 lots on the Township lands. Both phases are
proposed to be served with private wells and sanitary sewage
services. Phases 1 and 2 lie to the north of a major ravine
which separates other lands owned by the applicant to the south
and east of the ravine. The lands to the east of the ravine
comprising 16 hectares have access onto the Bass Lake Sideroad
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and the Concession Road. The lands south of the ravine front
directly onto Highway 93 and consist of. 40 hectares. Both
parcels are reserved from Phases 1 and 2 and would have to be
developed in their own. Concerns exist wi th respect to the
provision of access on Highway 93 and the exposure of the
development area beyond the ravine.
4.1.2
Grossman Development Proposal
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The Grossman Development proposal is located in the east part of
Lot 36, east of the existing Woodland Estates subdivision and
north of the proposed Mss Lake Road realignment. The property
is divided into two portions with a block in the centre owned by
the Township which could provide access to the parcel of land to
the north. .
Based on the concept plan submitted with the proposal, a total
of 50 Country Residential type lots are proposed with a minimum
lot area of 0.4 hectare and minimum lot frontage of 45 metres.
No parkland dedication is indicated on the concept plan.
All lots are proposed to be serviced by private wells and
septics. The majority of the lots are proposed to be accessed
from two crescent shaped interior roads. The western crescent
road is proposed to be linked over the Township owned property
which divides the property. Eight of the lots are proposed to
access directly onto the proposed realignment of Bass Lake Side
Road.
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4.1.3
Texas-Pierre Development Proposal
A third proposal for Estate development has been submitted for
part of Lot 37, Concession 1, immediately north of the Grossman
Lands and east of the existing Woodland Estates subdivision.
Based on the submittal concept plan, a total of 65 lots are
proposed with a 2.75 hectare park block. The lots are proposed
to be a mixture of Country and Estate Residentially sized lots
of which 37 are proposed to be 0.4 hectares minimum with a lot
frontage of 45 metres and 28 are proposed to be 0.8 hectare
minimum with 60 metres frontage. All lots are proposed to be
serviced by individual wells and private septics.
All proposed lots would access onto an interior road pattern.
This road pattern would link into the existing Woodland Crescent
to the west and the realigned Bass Lake Sideroad through the
Township owned parcel to the south.
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4.1.4
Sabiston Development Proposal
One other application for estate development has been submitted
for land which is located south of the ravine previously
mentioned in 4.1.1. This development is located in part of Lot
34, Concession 1. While a mixture of Country and Estate
Residential lots are proposed, a development concept plan has not
been submitted.
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4.2
Physical Environment
4.2.1
Topography
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The lands within the study Area are part of the Oro Sand Hills
physiographic region consisting of a kame moraine complex. Based
on a review of the National Topographical series mapping
(1:50,000), topographical mapping provided by the various
development interests and an examination of the study Area, the
following topographic features are identified.
The physical characteristics of this area consist of irregularly
rOlling topography comprised primarily of sand deposits.
Portions of the study area, in particular within Lots 35, 36 and
37, Concession 1 and 2, contain ravines which appear to contain
slopes in excess of 10%.
Prior to draft approval of any lots within proposed plans of
subdivision, slopes in excess of 10% should be identified and
appropriate building envelopes established within proposed lots
near these areas.
The lands generally slope toward the western boundary of the
study area. Drainage moves in a northwest direction through
intermittent streams eventually emptying into the Matheson Creek
watershed. The most significant of these streams begin in Lot
33 from Concession 2 and extends through a major ravine in the
study Area to Lot 36, Concession 1.
As the soils within the study Area are relatively sandy, a
significant portion of the water seeps into the soils. Although
these types of soils reduce the runoff potential, appropriate
measures should be undertaken to ensure the quanti ty of the
runoff is maintained at pre-development flows. As these lands
are above the headwaters of the Matheson Creek watershed, the
quality of the runoff should also be maintained. These issues
can be addressed in a comprehensive drainage report required ~o
be prepared as part of any draft plan approval.
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4.2.2
Environmentally Sensitive Areas
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The only environmentally sensitive areas as designated in the
Official Plan or zoned in the Zoning By-law lie within the
Craighurst secondary Plan area. This area consists of headwaters
associated with the Matheson Creek Watershed.
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Based on discussions with the Ministry of Natural Resources and
a review of their mapping, no significant environmental features
under their jurisdiction exist within the study Area. The
Ministry identified that headwater tributaries of Willow Creek
could exist near the community of Craighurst. Should
comprehensive development be permitted in that area, siltation
control methods should be used during construction phases.
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4.2.3
Soils
The soil Survey of Simco..e County was used to identify the general
soil types within the study Area. The major soil characteristics
and crop ratings as identified in the Soil Survey are outlined
below.
The Tioga Loamy Sand - Vasey Sandy Loam complex is the dominant
soil type within the Study Area. The Tioga Loamy Sand - Vasey
Sandy Loam complex consists of 70 percent Tioga Loamy Sand and
20 percent Vasey Sandy Loam while the remaining 10 percent
consists of small areas of Bookton Sandy Loam, Simcoe silty Clay
Loam, Granby Sandy Loam, Sargent Gravelly Sandy Loam, and Muck.
The topography associated with these soils is moderately sloping.
The soils of this complex generally have low natural fertility,
are very susceptible to erosion and, because of their good
drainage capabilities, tend to be droughty in nature. The crop
rating classifies them as poor agricultural soils.
The Tioga Loamy Sand soil series is found within portions of Lots
32 and 33 in Concessions 1 and 2 extending to Lot 5,' Concession
3. Tioga soils are generally found in gently sloping areas.
These sandy soils have low natural fertility and good drainage
capability. The crop rating for these soils is poor.
The Sargent Gravel Sandy Loam soil series is found within the
east half of Lots 6 and 7, Concession 3. Sargent soils are
generally found in smooth and gently sloping areas. These soils
have low natural fertility and tend to be droughty due to their
good drainage capabilities. The crop rating for these soils is
fair.
A small pocket of Granby Sandy Loam is 10catEid within the
northeast portion of Lot 6, Concession 3. These sandy soils are
found in level areas and possess poor drainage capabilities. The
crop rating for these soils is poor.
The final soil series found within the Study Area is Dundonald
Sandy Loam soils. These soils are located in isolated pockets
along County Road 22 and County Road 57 within the northern
portion of the Study Area. These soils are generally found in
smooth and gently sloping areas and possess good drainage
capabilities. The crop rating for these soils is good to fair.
Based on the information contained in the Soil Survey, the soils
within the Study Area generally possess good drainage
capabilities and are fair to poor for agricultural uses.
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4.3
Aqricultura1 Capability
4.3.1
Canada Land Inventory
The Canada Land Inventory (CLI), a national land inventory
system, has classified the soils in this area in terms of their
agricultural capability. Agricultural land is divided into seven
classes where Classes 1 to 4 lands are capable of sustained use
for agriculture, and considered prime lands by the Ministry of
Agriculture and Food, Classes 5 and 6 lands are considered
capable of perennial forage crops while Class 7 land is deemed
unsuitable for agricul~ure. The classification system assumes
that the soils are well managed and cropped.
Based on the Canada Land Inventory (scale 1:50,000), the majority
of lands located within the study Area are considered by the
inventory to be 60 percent Class 7t and 40 percent Class 4s.
Class 4 lands have severe limitations that restrict the range of
crops, or require special conservation practices or both.
Subclass Its" denotes adverse soil conditions which further
restricts agricultural capabilities of the lands. Class 7 lands
have no capability to sustain agriculture subclass t indicates
topography adverse to agricultural use.
A band of Class 4s lands is located in the east half of Lots 32
and.33, Concession and stretches eastward to include portions
of Lots 33 and 34, in Concession 2 and 3.
As mentioned above Class 4 lands have sever limitations that
restrict the range of crops or require special conservation
practices or both Subclass "s" denotes adverse soil conditions
which fu~er restricts these land's agricultural capabilities.
These classifications generally support the conclusions of the
Simcoe County soil Survey as noted above.
4.5.2
Agricultural Land Use
Based on an existing land use survey conducted in the summer of
1989 and the interpretation of air photos, the lands within the
study Area currently used for agricultural purposes are located
along Highway 11 in Lots 38 and 39, Concession 1 near the
community of Craighurst. Lands within the east half of Lot 33,
Concession 1 and Lots 33 and 34, Concession 2 are also used for
agricultural purposes. These parcels are identified on Map 1.
Adjacent to the west of the study Area, across Highway 93 in the
Township of Vespra, a similar sporadic agricultural pattern is
evident.
Based on the Ministry of Agriculture and Food's Land Use systems
~ - mapping the majority of the lands within the Study Area are
forested with isolated pockets of agriculturally utilized lands
and vacant land. No agriculturally related drainage areas are
evident from the Ministry of Agriculture and Food's Drainage
Mapping.
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It is evident from our review of the agricultural lands and uses
within the study Area, the majority of the lands are not used nor
are they sui table for agricultural uses. However, existing
agricultural uses as identified should be protected, where
possible, from incompatible residential uses. This should at
least include appropriate setbacks in accordance with the
Agricul tural Code of Practice. Measures such as fencing to
prevent unauthorized entry into adjacent agricultural lands may
also be appropriate.
4.4 Mineral Resources
The major sand and gravel resources as identified by the Ministry
of Natural Resources, within the study Area are contained in the
east half of Lots 6 and 7, Concession 3. This sand and gravel
deposit extends to Lots 6 and 7, Concession 4 and Lots 5 and 6,
Concession 5. This area is also identified in both the Official
Plan and zoning By-law schedules for the Township as a
significant aggregate resource.
As this aggregate area is well removed from the residential
development proposals and is not directly accessible by road it
is not anticipated to impact the development of these areas, nor
the converse.
4.5 Veqetation
Substantial treed areas are found throughout the study area.
Much of the extensive coniferous tree cover is a result of
reforestation efforts by the County of Simcoe. These County
Forest's encompass Lot 31, Concession 1, Lots 32, 36 to 40,
Concession 2, and part of Lots 5 and 6, and Lot 8, Concession 3
effectively forming the boundaries of the Study Area. County
Forest lands are managed by the Ministry of Natural Resources and
are generally not to be considered for potential development.
Woodland Improvement Act lands are located in parts of Lot 32,
Concession 1 and Lot 5, Concession 3. These areas are private
lands for which the Ministry of Natural Resources provides forest
management assistance. Development may occur on these lands
however the investments made by the Ministry may have to be
refunded.
The majority of the remainder of the lands contain privately
owned woodlots consisting of a mixture of coniferous and
deciduous varieties as well as scrub vegetation.
The existing wooded areas within the lands in Lots 35, 36 and 37
would provide a substantial buffer between the proposed
residential development and adjacent uses. In addition, the
trees protect the sloped areas from the impacts of erosion in ,
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part by maintaining the stability of the slopes. To maintain
these qualities, it may be appropriate for the wooded areas to
be identified on proposed development plans and proposed building
envelopes indicated which would identify areas of proposed tree
cutting. council may consider it appropriate to enact a tree
cutting by-law to enforce these envelopes.
4.6
communi tv services and Facilities
4.6.1
. Roads
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Highway 93, which forms the study Area's western boundary, is a
2 lane highway under provincial jurisdiction. It serves a
regional function as a major rural arterial road.
County Roads 22 and 57 which form the study Area's northern and
eastern boundaries, are 2 lane paved roads under County
jurisdiction. These roads serve as main rural collector roads
throughout the Township.
The remainder of the roads within the study Area are under the
Township's jurisdiction and are designed primarily to serve the
local traffic function. All of the roads with the exception of
the local road servicing the Woodland Estates subdivision are
gravel roads. Road works are currently underway to realign the
Bass Lake Side Road in Concession 1 which would better
accommodate traffic flow. To maintain a "free flow" of traffic
along this roadway, lots fronting along the Bass Lake Side Road
should be discouraged and lots front on interior roads where
possible.
It was also indicated in a report to the Township by the Township
Engineer, that increased development will increase the cost of
maintenance and affect the life expectancy of the adjacent road
way. It was recommended that the Township consider either an
immediate upgrade of the adjacent roadway between the limits of
plans of subdivision or a cash contribution for "boundary" road
improvements in the future. It It was also recommended "that the
access roadway leading to any proposed development site be to an
acceptable standard otherwise Developers should be expected to
contribute to upgrading to insure the least financial impact at
the present time or in the future.
It is anticipated that the Bass Lake Side Road in Concession 1
will serve as the primary access route to Highway 93. However
access routes to Highway 93 such as Concession Road No.1 and the
Side Road 30/31 will also be used to access Highway 93. In
addition, traffic may utilize Bass Lake side Road in Concession
2 and 3 and Concession Road No. 2 to access County Road 57.
While it is anticipated that the Bass Lake side Road access to
Highway 93 as well as all interior subdivision roads would be
constructed to full municipal standards, consideration should be
given to upgrading the other access routes through the Township.
These considerations can be addressed by Council and the
developer through an agreement during the development process.
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4.6.2
Schools
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At present, there are four elementary public schools within the
Township of Oro being the W. R. Best, East Oro, Guthrie and
Shanty Bay Public Schools. Elementary public school students
within the area attend W. R. Best Public School located on
Highway #11, east of Dalston. Presently, this school is very
small and at full capacity. The Simcoe County Board of Education
feels that a significant increase in enrolment would necessitate
either an expansidn of W. R. Best Public School and East Oro
Public School or the development of a new school. The Board
generally favours expansion of existing schools primarily due to
the costs incurred by the construction of a new facility.
Secondary school students from the Study Area attend Barrie
Eastview Secondary School. There is presently no accommodation
problems at this school.
The Roman Catholic separate School Board accommodates students
from the Study Area within Barrie elementary and secondary
schools. No additional accommodation pressures are anticipated
and additional students would be accommodated in these schools.
School accommodation will be considered by the respective Board
of Education in their review of any amendment to the Official
Plan and subsequent development proposals.
4.6.3
Fire Protection
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Presently there are four fully equipped fire stations in the
Township of Oro. These stations are located in the communities
of Edgar, Shanty Bay, Hawkestone and Rugby. The Edgar fire
station presently serves the Study Area with back up provided by
the stations in Shanty Bay and Rugby. The Township has obtained
a site in the Horseshoe Valley area for an additional fire
station when required.
While this area would be adequately served with fire protection
from the Edgar fire station, there has been some efforts to
increase the level of fire protection in the craighurst area.
Consideration could be given to contributions from developers
which would help finance an increase the level of fire protection
in the craighurst area.
4.6.4
Parks and Recreation Facilities
Presently there are no publicly owned parks within the Study
Area. However, the County Forest Lands are available for passive
recreation activities such as hiking, horseback riding, cross
country, and skiing. A snowmobile trail has been developed on
County Forest Lands through Lots 36 and 40, Concession 2 and Lot
4, Concession 3.. Also the craighurst community hall is available
to residents in the craighurst area.
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outside the study Area, there is a diversity of privately owned
recreational facilities. Horseshoe Valley Ski Resort, located
east on County Road 22, maintains ski slopes, a golf course and
an equestrian centre as well as groomed cross-country ski trails.
A K.O.A. Campground is situated next to the Study Area on the
west side of Highway 93 and simoro Golf Course is located along
Highway 93 south of County Road 11.
It has been Council's policy to accept a 5% land dedication for
all new ~esidential developments within the Township. These
lands are used as parkland or to finance the expansion of park
facilities throughout the Township.
The Township presently owns land in the west half of Lot 35,
Concession 1. These lands or a portion thereof, together with
the 5% land dedications of'potential development in the area,
could ,provide an opportunity to increase the level of active
public recreation facilities within the entire north west area
of the Township.
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5.0 OTHER COUNTRY ESTATE DEVELOPMENT PROPOSALS
This section of the report addresses and describes those country
and estate residential development proposals which have been
reviewed by the Township prior to the initiation of this study.
The Woodland Estates, Grossman and Texas Pierre developments are
not included here as they were specifically discussed in the
previous section. The remaining developments are described as
follows: .
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(a) Scott-silo Development
The scott-silo development located in part of the south west
quarter of Lot 11, Concession 10 comprises approximately 34,
.4 hectare lots based on private services. A water storage
tank is to be provided for fire fighting. Some revisions
to the plan proposed may occur based on items such as the
location of roads, parkland, and hydrogeology studies. This
plan has been reviewed by Planning Advisory Committee and
Council.
(b) Clarke-Kinq Development
This development is located in the east half of Lot 14,
Concession 1 and is comprised of 15 estate type lots. This
development has been reviewed by Planning Advisory Committee
and Council and the developer has been requested to provide
further information relating to
(i) the location of the water supply for fire fighting,
(ii) the location of the 5t parkland dedication,
(iii) necessary road widenings,
(iv) redesign of the proposed cul-de-sac and commitment to
upgrade the 15/16 Sideroad.
(c) Kovacs Development
This development is located in part of Lot 11, Concession
2 and proposes the development of 28 Country Residential
units. The development has been reviewed by the Planning
Advisory Committee and council and the developer has been
requested to provide further information relating to
(i) location of parkland,
(ii) location of water system for fire fighting,
( iii) necessary road widenings and road improvement,
(iv) future use of existing barn,
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(v) drainage,
(vi) internal road pattern.
simoro Golf Course Subdivision
This development proposes a 9 unit estate lot subdivision
in conjunction with the expansion of the Simoro Golf Course
to 18 holes. This development is located in Lots 19 and 20,
Concession 1 and fronts onto Highway 93. An Official Plan
Amendment has recently been approved to redesignate these
lands and expand tOe golf course.
Besse Subdivision
This proposed development located in Lot 15, Concession 2
basically proposes in the initial stage 3 single family
dwelling. Official Plan Amendment 36 has been given
approval by Council. This amendment would designate these
lands as Country Residential and may result in the future
development of these lands to a maximum of 35 country
residential units. Prior to this occurring, however,
detailed hydrogeology work, subdivision, design etc. would
be required.
(f) crawford Subdivision
This development proposes 23 country residential lots in
part of the west half of Lot 26, Concession 9. This
development has been under review for some time and is
presently awaiting the results of the Natural Area Study.
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6.0 DISCUSSION
At the outset it was indicated that approximately 2500
residential lots in the various categories are presently under
review. Of this number approximately 310 units are proposed for
country or estate residential development. This coupled with the
existing 209 estate country/residential development comprises a
total of 519 units. In 1988 the existing country/estate
residential development accounted for 4.5% of the total existing
residential development within the Township.
The Official Plan overAthe past years has undergone two major
revisions. The first in 1979 dealt with the lands located south
of Highway 11. This study and subsequent amendment dealt with
prime agricultural land, the environmentally sensitive areas
south of the Ridge Road and the Village and Shoreline
development. Generally, development, was limited to the village
Communities. In 1982-83, the Township undertook the North Oro
study and subsequent amendment. This study dealt with the lands
north of Highway 11 and delineated agricultural, and rural lands,
environmental areas, lands considered appropriate for aggregates
and a large lot development policy. owing to the nature of the
soils for individual servicing systems, and the limited
development south of Highway 11, the North Oro area was
considered the most appropriate area for development. While the
Official Plan did contain detailed policy on cri teria for
assessing large lot development the nature of the majority of the
North Oro area is considered very suitable for large lot
development. Thus concerns exist with respect to locational
requirements in conjunction with the physical characteristics of
the area.
With the amount of large lot (estate and country residential)
development being proposed and additional proposals being
submitted on a weekly basis some method of control was considered
necessary to permit the Township to assimilate the development
and to reduce the impact on adj acent neighbours. Thus a method
of control needed to be developed. While a detailed policy
relating to the specific characteristics of a development are
contained within the Official Plan no method of controlling the
future numbers of large lots exists. Consideration then should
be given to the overall yearly percentage of units which would
be considered reasonable. In reviewing other approved documents
within the County of Simcoe generally other examples restrict the
yearly percentage to 10%. This figure has further been discussed
with the representatives of the Community Planning Advisory
Branch. As a result of these discussions with the Branch and
other Ministry officials it appears that no recommended
percentage appears to exist. The only direction related to the
amount of affordable housing. Large lot development based on 10%
of the housing supply appears reasonable since large lot
development is not expected to satisfy the housing needs of the
majority of the residents within the Township of Oro. The 10%
factor being considered should serve to provide a variety of lots
and allow for flexibility in the housing market.
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Further in reviewing the Official Plan as it relates to the
Estate and Country Residential designations it is apparent that
a combined designation which would provide a mixture of lot sizes
ranging upwards from .4 hectares would be appropriate. This
would reduce the categories to Estate Residential only and
provide for the development to be designed so that it is
compatible with the environmental characteristics of the area.
Concern exists relating to other policies in the Official Plan.
Firstly, the restrictions to 1 unit per hectare and a maximum of
10 lots per year restricts the development of this housing form.
While the separation distance requirement limits the location of
estate development it also negates the development of some
comprehensive, appropriate integrated developments such as the
development proposed on the Bass Lake Side Road in Lots 36 and
37, Concession 1.
wi thin this area the existing Woodland Estates development exists
which provided 19 estate lots. The area itself is relatively
scenic and is traversed by a major ravine and in certain areas
steep slopes. The existing road pattern is also being redesigned
to provide more efficient access to Highway 93. The proposed
developments (Le. Woodland, Grossman, Te:xas Pierre) would
account for approximately 160 uni ts. These developments are
located to the north of a major ravine and south of the existing
agriculturally used lands. They form a cohesive clustering of
this type of development and have good access to Highway 93. If
these developments are permitted to proceed a co-ordinated review
by the development interests should proceed to assess soils,
ground water, road patterns, etc. Consideration should also be
given to an overall municipal water supply or at the very least
a water supply for fire fighting purposes. The maj or slopes and
ravines should be protected and must be given detailed
consideration in any design. Lot dimensions, slopes, etc. should
be reviewed carefully and protection should be provided to the
agriculturally used lands to the north. The land of Woodland
Estate located south and east of the ravine are not at this time
considered appropriate for development. They are removed from
the clustered, cohesive development area described above, have
access problems and are considered to be premature.
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A further development proposal (Sabiston) exists to the south of
the ravine. While a development design has not been submitted
we feel that at this time the ravine forms a natural boundary and
the development of lands south of this ravine do not appear
appropriate.
The other proposed development found in Table 2 attached hereto
are in various stages of review. Generally comments have been
provided by Planning Advisory Committee to the proponents and
these groups are reviewing these comments as they apply to their
application.
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with respect to locational criteria for the development of large
lot subdivision, we would suggest that they not under any
circumstances be permitted by amendment to the Official Plan in
certain categories or in areas where services (i.e. Municipal
Roads) do not exist. These specific designations where we do not
feel an amendment is reasonable are
a) -Agricultural
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b) Environmental Protection Area
c) pits and Quarries
d) Recreational.
Council in reviewing application to amend the Official Plan to
permit large lot development should ensure that all the policies
of the Estate Residential designation are met. owing to the
nature of the area and the large area involved we see no
justification to provide a development with, exceptions to the
stated policy. The regulatory process we propose is related
specifically to the 10% of housing factor. This however does
not and should not prohibit Council from imposing additional
locational criteria at a later date.
Additionally since the effect of the 10% factor is a quota system
we feel it imperative that a developer or development which is
permitted to proceed on this basis must do so in good faith. The
subdivision agreements must contain clauses which require the
following:
a) the developer must proceed in good faith to receive
full registration of his plan. From the date of draft
approval final registration should occur within a
maximum of 1 year.
b) the developer shall maintain the roads in both winter
and summer to appropriate municipal standards and other
services deemed appropriate until such time as a
percentage of the lots (i.e. 80%) are built on and
occupied.
Failure to proceed within a reasonable period of time established
by Council should result in a Township initiated amendment to
remove the development. 'from the development status and to re-
allocate the re-instated lots to another development.
Finally the approach taken with respect to the 10% of housing
factor is set out as follows:
1. The Regional Assessment Office yearly report indicates
the number of residentially assessed units in the
Township. In 1988 this number equalled 4,679 units.
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2. Based on a 10% factor for large lot development this
would represent 468 units.
3. Thus in Year 1, the 1989 existing development would
represent 209 units of the total 468 leaving 259 units
for new development.
4. Thus 259 units are available for allocation to new
development. Presently at the time of this report 310
.new units were proposed. with the reduction of lots
through redesign and the phasing of these developments
we believe tilat, if they can meet the requirements of
Council generally the existing developments outlined
in Table 2 should have first priority.
5. In successive years the number of units permitted would
equal 10% of new units recorded within the" Regional
Assessment Office Yearly Records. The number would be
as per the following example.
Residentially assessed
1989 units
1988 Residentially = t of new
assessed units. 1989 units
x 10% = number of new units permitted
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7.0 CONCLUSIONS
As a result of our review regarding large lot development within
the Township of Oro and the necessi ty of establishing an
appropriate means of control we would recommend that Council:
a) adopt the 10% ...factor for the determining of the number
of large lots developments within the Township,
b) institute the necessary clauses in the subdivision
agreement to ensure that a development given allocated
lots proceed.
c) the allocated units for a development which does not
live up to its requirements be re-allocated to another
development.
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'1'ABLE 1
EXIS'1'ING COUNTRY AND ES'1'ATE RESIDENTIAL DEVELOPMENTS
NAMB/'1'YPE
petherwin Place
Country Residential
Westley Heights
Country Residential
Oro Hills
Country Residential
Lakewood
Country Residential
paisley. Court
Country Residential
Audobon Dev.
Country Residential
Holden
Country Residential
Rowanwood
Country Residential
Country Residential
Woodland Estates
Estate Residential
Estate Residential
Rugby Estates
Estate Residential
Holmberg Estates
Estate Residential
Scott Estate Amendment
Estate Residential
.... LOCATION
Lots 5 and 6,
JConcession 14
Lot 10, Concession 10
Lot 1, Concession 5
Lot 21, Concession 14
Lot 2, Range 2
Lot 2, Range 2
Lots 1 and 2,
Range 1
Lot 2, Concession 7
Lot 27, Concession 4
Lot 37, Concession 1
Lot 28, Concession 5
Lot 10, Concession 12
Lot 27, Concession 6
Lots 9 and 10,
Concession 10
NO. OJ' LO'1'S
12
11
28
21
8
24
7
10
7
19
37
18
4
3
Total Existing
Country and Estate 209
Residential Lots
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TABLE 2
PROPOSED COUNTRY AND ESTATE RESIDENTIAL DEVELOPMENTS.
NAME/TYPE LOCATION
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Woodland Estates Lots 35 and 36
Mixed Country and concession 1
Estate Residential
Grossman Subdivision Lot 36,
Country Residential Concession 1
Texas - Pierre Lot 37,
Mixed Country and Concession 1
Estate Residential
Scott silo Lot 11,
Country Residential Concession 1
Clarke - King Lot 14,
Estate Residential concession 1
Kovacs Lot 11,
Estate Residential Concession 2
Simoro Golf Course Lot 20,
SUbdivision Concession 1
Besse Lot 15,
Country Residential concession 2
CRA Subdivision Lot 26,
Country Residential Concession 9
Total Proposed
Country and
Estate Lots
NO. OJ' LOTS
23 (plus 24
potential lots)
50
65
34
15
32
9
35
23
310
The number of lots used in this table reflect the lots indicated
based on submitted concept plans or estimated potential lots.
Final lot numbers will vary depending on:
1. Whether the proposed receives approval by the Township.
2. The Township's and the government agencies' review and
comments on the concept plans.
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