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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 By-Law No. 90-125 of the Corporation of the Township of Oro is hereby repealed. 4.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 /u~#L#, Administrator/Clerk - Robert w. -_.- Small II .. II II II 'I II II I I I I i ! ! ! r-', n .. II III IV MIEDDNT. T WP. V VI VII VIII IX X X XII XIII XIV PROPOSED CRAIG HURST COULSON 40 TT COUNTRY/ESTATE 39 38 3 RESIDENTIAL 37 DEVELOPMENT 2 34 5 33 AUGUST 'Isas 32 6 31 7 30 8 a: 29 ~ 28 9 DEVELOPMENT LOTS .. 27 10 1 WOODLAND ESTATES 26 RUGB 23 (+241) G. DALSTON I( ~ 25 EDGAR 2 GROSSMAN SUBDIVISION 50 .I .. 24 .I 3 TEXAS - PIERRE 65 23 4 SIMORO GOLF COURSE 9 a: I( 22 0 5 CLARKE - KING a: 15 a. 21 6 II! 20 BESSE 35 III 7 KOVACS 32 > 19 EAST 18 ORO 8 CRA SUBDIVISION 23 9 SCOTT SILO 34 16 15 CROWN HILL- 14 13 12 ~ GUTHRIE ~ r o~ tI\(; e' ". \,..~ <i TOWNSHIP OF ORO '" o !5CX) I(XX) 2000 3<X:C 4000 5aX>Mt:TIlES SCALE I o 112 I 3 MILES e~,_~_~_~~~,___...____~.________ ""'6500 I '. II III IV MEDDNTE T W P, I V VI VII VIII IX X X III XIV EXISTING CRAIGHURST COULSON 40 COUNTRV/ESTATE 39 38 9. RESIDENTIAL 37 3 DEVELOPMENT . 35 4 34 33 AUGUST 'Isas 32 6 31 30 8 a.' 29 ~ DEVELOPMENT LOTS 9 28 12 .. 27 10 1 WOODLAND ESTATES 19 26 1, RUGBY a. DALSTON ~ I CI: 2 ~ 25 11 ) EDGAR HOLDEN 7 .J ... 24 -I /' .J 3 AUDOBON DEVELOPMENT 24 (12 23 Y 4 PAISLEY COURT 8 II CI: 22 0 5 COUNTRY Rt::SIDENTlAL 7 II a. 21 I --.......-" 6 ORO HILLS 28 \.. 14 11120 "- 11/ 7 EST A TE RESIDENTIAL 37 > 19 EAST 8 HOLMBERG EST A TES 4 18 ORO 17 93 9 ROW AN WOOD 10 16 10 SCOTT ESTATES 3 CROWN 15 HILL~ 1 1 WESTLEY HEIGHTS 19 14 13 12 RUGBY ESTATES 18 12 ~ 13 PETHERWIN PLACE 12 20 14 21 GUTHRIE LAKEWOOD 21 22 23 II' ()~ tl'c, e\ ,,~ 'If \,..P- ~ TOWNSHIP OF ORe ~~"" l:Iel\tI=EL.T 5CX') !(XXJ 2OCC' = <<JOe 5COJMETRES BAY SCALE 0 1/2 3 "ALES 1 = 650 0 " . ... 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 . 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. rTV- r~ REEVo/ /g~2J/ .. ADMINISTRATOR AMENDMENT NO. 48 TO THE OFFICIAL PLAN . OF THE TOWNSHIP OF ORO ... 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 3 3 3 PART C - Appendices Appendix 1 - Background Report 4 . The Constitutional statement The following amendment to the Official Plan for the Township of Oro may consist of three parts. ... 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. 1 . TOWNSHIP OF ORO AMENDMENT NO. 48 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO .. 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. 2 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. . DETAILS OF THE AMENDMENT ... 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. 3 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. . "(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". 4 . . .' PART C - THE APPENDICES The following appendices do not constitute part of Amendment NO.48 but are included as information supporting the Amendment. ~ 5 \. . ,;" ' 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 " . f' ! . I ~ 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 .4 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. , ' " . 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) .. 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. 2 . 5.4.3 , /' 1 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: d) e) .. 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. 3 . 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. .I- 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) <, 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." 4 " The Country Residential policies are as follows: / "5.13 CountrY Residential Policies The predominant use of lands designated Country Residential shall be for single family dwellings and accessory uses thereto. . 5.13.1 . policies ~ 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. , . 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. 5 . 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. -" 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." I . r . I' ,. - ~ ,f' " ' J ' ~-' - 6 . I' .1 . r . I .~ 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. 7 , , . / .. ' ~- L ,. ! .- 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. 8 e " ; ~ -i ! I L .. . 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 9 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 lit 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. _.10.... 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. l _ 10 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. . 4.2 Physical Environment 4.2.1 Topography ... 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. L- 4.2.2 Environmentally Sensitive Areas ~ - 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. 11 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. . 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. 12 . 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. 13 . I. L . - 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 , 14 . 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 .I- 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. 15 4.6.2 Schools . 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 "'.,.. ... 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. 16 . t " . , .' L, 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. 17 . L. ~ 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: . .. (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, 18 Cd) . (e) , ' r' (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. i f ' I I ' I I L' ! . !..- , 19 I I ~ , I " . . I . L , , . , . 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. 20 . 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. ,- . - 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. ..- 21 . 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 .. 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. 22 . I ! ' j , .' " . . I ! i.-- 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 ~.:..: ~j'. 23 . ..- 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. .,,-. "':",,<. 24 . , ( i. L- r' '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 25 a TABLE 2 PROPOSED COUNTRY AND ESTATE RESIDENTIAL DEVELOPMENTS. NAME/TYPE LOCATION .. 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. 26