1990-044 Oror "
( 9
CORPORATION OF THE TOWNSHIP
BY -LAW NO. 90 -44
A BY -LAW to amend Zoning By -law No. 1031 as amended by By -law 89-
114.
WHEREAS Official Plan Amendment No. 36 was enacted and submitted
to the Ministry of Affairs on January 30, 1989.
AND WHEREAS Council has agreed to modify the Official Plan
Amendment through Minister's Modifications to restrict the initial
development of these lands to 3 residential units with any further
development occurring only by Registered Plan of Subdivision.
AND WHEREAS the purpose of By -law 89 -114 was to implement Official
Plan Amendment No. 36 by zoning the lands to permit only 3
residential units.
AND WHEREAS Schedule "A" to this By -law is a revision to Schedule
"A" of By -law 89 -114 previously enacted on December 18, 1989.
AND WHEREAS the deletion and replacement of Schedule A to By -law
89 -114 will permit only 3 residential units and meets the intent
of By -law 89 -114.
AND WHEREAS authority is granted pursuant to Section 34 of the
Planning Act, 1983 to the Council of the Corporation of the
Township of Oro to exercise such powers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO
ENACTS AS FOLLOWS:
1. Schedule "A" to By -law 89 -114 is hereby deleted in its
entirety and replaced with Schedule "A" attached hereto.
2. Schedule "A" attached hereto forms part of this By -law.
3. This By -law shall take effect and come into force
pursuant to the provisions of and regulation made under
the Planning Act.
BY -LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF
APRIL , 1990.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF
APRIL , 1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
EVE, ROBERT E. DRURY
ADMINISTRATOR -CLERK
ROBERT W.fSMALL
•
m
LOT 1
Irn
• RUR
ON. III LOT I
L
AREA REZONED FROM THE AGRICULTURAL 'A' ZONE
TO THE COUNTRY RESIDENTIAL 'CR' ZONE
AREA REZONED FROM THE AGRICULTURAL 'A' ZONE
TO THE COUNTRY RESIDENTIAL HOLDING 'CR(H)' ZONE
Township of Oro
SCALE t m
0 200 400 600 800 1000m
4
E
46
t1 0 890151
C 900999
Ontario C 901000
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF Section 17 (11) of
the Planning Act, 1983
- and -
IN THE MATTER OF a referral to this
Board by the Minister of Municipal
Affairs, on a request by Donald
Macdonald for consideration of
Proposed Amendment No. 36 to the
Official Plan for the Township of Oro
Minister's File No. 43-OP-0017-036
O.M.B. File No. 0 890151
- and -
IN THE MATTER OF Section 52 (7) of the
Planning Act, 1983
- and -
IN THE MATTER OF three appeals by
P;Rtricia ThnmDson. Mrs. Brian
Thompson, Mrs. Russ
'Besse and Kenneth
A. Bell from three decisions of the
Committee of Adjustment of the
Township of Oro whereby the Committee
granted upon conditions, three
applications numbered B-42/88, B-9/90
and B-10/90 by Robert F. Besse and
James E. Besse, lands being composed
of Part of Lot 15, Concession 2
O.M.B. File Nos. C 900999, C 901000,
C 901001
- and -
IN THE MATTER OF Section 34 (18) of
the Planning Act, 1983
- and -
IN THE MATTER OF appeals by Russ
Besse, Brian Thompson, Kenneth Bell
and others against -Zoning
By-law 89-114 of the Corporation of
the Township of Oro
O.M.B. File No. R 900116
- and -
IN THE MATTER OF appeals to this
Board by Kenneth Bell, Vivian Bell,
and Brian M. Thompson for
consideration of By-law 90-44 of the
Corporation of the Township of Oro
O.M.B. File No. R 900446
ME
R 0
ILI "A
C 901001
R 900116
R 900446
090151 c 901001
90009P R 900516
c 901000 R 900446
for The Corporation of't
.he
Towrwhip of Oro.
fOr Robort, Bolg'so: et
0
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- 3 - C 901000 R 900446
0 think the issue of concern was the number of lots to be developed.
A modification to the Official Plan Amendment was suggested to permit
development of only one lot by severance. This modification
apparently was not acceptable to the applicants,' however, a
modification was proposed to permit the development of three
residential units by severance, including the existing residence,
with the balance of the lands to be developed by a plan of
subdivision (Exhibit 12). A further amendment to this modification
is now recommended by Mr. Ronald Watkin, the Township's planning
consultant (Exhibit 38). It is to add a requirement that a
hydrogeological report be undertaken in conjunction with a plan of
subdivision. This is as recommended by the Ministry of the
• Environment (Exhibit 14). The amendment, as modified, is supported
by the Township, but is objected to by the area residents who
requested the Minister to refer the Official Plan Amendment to the
Board.
On December 18, 1989 By -law 89 -114 was passed to implement
Official Plan Amendment 36 and on April 2, 1990 By -law 90 -44 .was
passed to amend Schedule "A" to By -law 89 -114 to clarify that the
zoning of CR on the lands fronting onto the 2nd Concession Road is
for three lots only. These by -laws have been appealed to the Board.
On August 14, 1990 the Committee of Adjustment granted consent
to sever three lots, utilizing the entire 2nd Concession Road
frontage except for 66 foot frontage left with the remaining back
lands and located between the existing residence and a residence on
a previously severed lot to the south. Those consents are also
appealed to the Board.
Mrs. Karen McCuaig who, with her husband, operates a dairy and
horse farm comprising 100 acres across from the site on the east side
0P.151 C, 901001
900M R 900116
C WHO R 900446
of the 2nd, Concession. Road, is c6ficernod about 6 remidentia .1
delvel opment trhich 'might eventually Compriao up to• thirty-five
dwellInge. Her concerns are relatod to 'the ("Onflicts thtit car ocank
bot)100n 'roan -farm residents and fax-morl-,, OjAch am C !&iMtV aboUt
odohtV dE14, :acid noiso from Paine` operations n-And complaintt-, fkorn.
f armors about trespams by nonbf 'ElOr COncorhe are:hat3od
of her
610NIPIOMts that U:had abOA-40, so froin his, :She Oxpj4linod
that the 2nd! C6kicession, Road" la already bjjs Y because !of, the f
,
7
'gol
Couzzie: to -the South a ad the OxintinT -�Oeidential and 4ndu trial,
JL
e,ntrAbcos, on the west slao of the co-, cooei - oeftca ,hoax' faim
T4pre tr,farm- ent ance::ack&;s fro th%j�eIi:irj.h
m Ilk o omr, an more
traf fli'c co l aed J i Ii slow moving lax-A equipnieqt, mak be problom.
6he Also .
indiCa t6d -in piobjeyfirj vAth mgll:
.0
0444.9 ..readings ih Cho i = Yapllgv. .F4iic she adidio -may: e due
to them ' ;:forftlizer -p d,
n .1 ce iLi.1res 'ate tptti down •X9
a.
w Id: xiot .wand
t more And: new reside" is id,; Ica] Wiih,:
Ves On a :23 acre f roxiis.
arco
Onto the Ist':and 2nd Concession Oads:, cbrit xmed th6t he had had -404
nitrate k . eadi ngp In `his 32 foot ,:.dug rae11 last 1611 a Thi S 5
V
fkrst instance of a 'mater problem: :ahCk:-he has ;lived dress
is caricerned that' a asIbl
P9 .
lopment 0., Up t,
t irt *7 f, -Ve S 1 dwel ataght ##her dv4kseir: aig ®ct< 4p water.
0a li4 and/or °quontuia- H43 exl5lained:
blne: and s pruce trees Ahd: aloe wj.th.. the Alatura =.wooft
wetlands tsswara:.. he 1st CdnOessiqw..Roao S`rontageD his lands :atel h6lv
.,a sAJWWary fiDr birds and. wi e
ld-lif As his rear lands abut the
:SdbJeQ. sits, on the 06tth nd.. i C
6 he r e h
60 PP. 1611 t a t3b,xit' he
,p so :concerned ,twat .,& a s divisjory develop Pais. property wouldTMme
all easy Uespass route 't". he: 901f bourse,. A:
1-7n, as ghe .Clat iubd proposed.%ep- the, West
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40 side of the 1st Concession Road across from the rear of his property.
He does not have any concern about that development as trespass would
be unlikely as his lands at that frontage are swampy.
Mrs. Patricia Thompson lives on a 48 acre parcel at the
northeast corner of the 2nd Concession Road and 15th Sideroad. She
explained that she and her husband purchased this property some
15 years ago because they wanted to live in a quiet rural area. They
built their home 10 1/2 years ago. They do not farm the property but
do rent out a small cleared acreage for farming. The balance to the
north is bush. Her concerns relate to the loss of farmland, -the
urbanization of the area with more traffic, and generally the loss
of the rural /agricultural character of the area. She also considered
that the planning process followed with this application did not
provide the residents with the detailed information as seemed to be
-forthcoming with-respect to-other residential developments in the
Township. She indicated that she had requested information from the
Township Clerk, various ministry staff and, as well, had met with
councillors but she still has no idea what may eventually be
developed on the subject property. She indicated that she had
received no studies and apparently none were done to examine such
things as possible environmental impact on the Creek and down stream
to Little Lake.
Two planning consultants gave evidence on behalf of the
objectors, Mr. Richard Jones and Mr. Gary Bell. Mr. Gary Bell is the
son of Mr. Kenneth Bell but gave evidence in his professional
capacity only. He does not live in the vicinity and only lived
briefly at his parents' home in 1977. The main concern of both
planners was that the subject site may not be an appropriate location
for a Country Residential development. The official Plan and zoning
amendment, as well as the consents, are premature until studies are
11
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- 7 - C 901000 R 900446
agrees and, in fact, would consider any other approach unfair to the
applicants.
Mr. Gary Bell referred to Section 1(h) of the Planri-ing Act which
defines "Official Plan". The plan must have nregard�to relevant
social, economic and environmental matters". It was his view that
in order to ensure that regard to those matters has been evaluated,
studies of those issues must be undertaken. They should not be left
to the plan of subdivision stage because at that stage if, in fact,
some major problem with the development is revealed, it may be very
difficult to stop. Thus the determination of the suitability of this
site for future residential development must be determined before
redesignation.
It was Mr. Watkin's opinion that the determination of the
suitability of this site for -residential -purposes has been made With
adequate information. Township Council circulated the proposal prior
to the public meeting and adoption of the Official Plan. Council had
in hand comments from the Ministry of Agriculture, the Ministry of
Natural Resources, the Health Unit and the Conservation Authority,
none of which indicated any objection. The proposal was also
circulated within the Township departments and again no objections
were received. Council, in Mr. Watkin's view, could thus be
confident that the Official Plan Amendment could proceed without
further studies. The Board notes that it is precisely this type of
circulation that the Minister relies on when considering the approval
of an Official Plan amendment. The only comment that was not
available to Council at the time that the Official Plan Amendment was
passed was from the Ministry of the Environment as it is Ministry
policy to comment only when the plan is circulated by the Minister.
The Ministry's first comment upon circulation by the Minister
requested an amendment to provide that development take place by plan
0 690151 C 901001.
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c OiOo R 900446
of oubdIvislon and that: hydrogeological roports he undartakon
(Exhibit 9) - They later amended their request to permit the three
001verbnCON C6 proceed without, a bydrogeologicraX. study (Exhibit 14.)
,However they indicated no objection
to, the proposed residential.
qThe location, in 14k. watkin!s 6rjinibT ins: bj
l, A Fmuitae for ,b
as it Iiari, easy accos' � to, gliqhwayie 11 and 93
it is loCated 'Floar� a golf, bourtse whiq4.prCnrider, t5untmer re Great ioh,.and
winter 'cross-countr,f skiin't . abuts local Ikownship roads.
Acdordisiq to 6 leitek di ted J"zj64. '16 10i krom 'tile T6 nsIhlp Ta.bl ic
servkoo :Adinihis'treito, conceriiinL�� the 2nd'C n66s 'i OW Road 11
, t fi t:roild
is not yet axgs to 6 volume that would inidicitte 'the: mocessity 0 f
Pp9)MdiXii9..,. Mk:61 Watkili dU aok6oviled ge that improvements to. tho 45th,
A at the 'Czack w ici
.8;�deroad and a,.,b dcre OU be:tO41iited, Out he
Il6ted `Oat -.thbse. Vnddltib odlybe equir6d whet'hor.
'Pr: PO*� d0volopmeni- takes pldbe-G. Ttlu s � slew devej6pment and. tho
:r I e s U : Itin I g :lot levies. Can a . afiIst: Fak w"the coste, there: is
already rev, ldentlal..development, comprising: : some :six houses on. the
west side, of the 2nd tonc&gs,iojs Road as w6j'l as, 6 6m61. '2 jnduvt rial
The 6 Y,ac4ve.�16kml�o
use. n ii� th& j�d
0 arm tg ,fthe oac
jY
fie relied the 11ini Ommehts tt.i-EU xespec
on qt�y pf, Agr cift ture's �c t to,
the, impact on ag#IclAt,%ik6.... 1-16 cdh&l4ded -that :"e a official.
propose
Plan Amen"eht complies with th6* defixeition 3 n Section h.y of eqtoil
�
Plannina A&to
e Oozise nts b
fro watkiix did, not consider the t h re6 :.�O:'eor6matiie.'
as Gu4 ge st edl� y mr.,:r r", B �and Mr. Jores as�te back%lan ds -Can' e
develb ped Uti Ilzih4 tfi& 6 6 f Oot, acceis' and zconsents ari
affect developmei*.o- die reviewed ih gFovisions Sect4ij � S 6( 4) 0. f :
the Planning Act, and 4cunci :`that tile: three . co'bisents would. conform -to;;
-the matters, in that section. as applicable. He did acknowledg&iihatr
0 890151 C 901001
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10 that opinion was conditional upon the Official Plan Amendment and
rezoning being in force.
Mr. Watkin addressed the inference by the objeMors and the
other two planners that this application has had unique or special
treatment by Council, different from that usually afforded
residential developments. The main difference here is that there is
no plan of subdivision nor any detailed plan as required under the
provision of Section 4.8 of the Official Plan for extensive
subdivisions. It was Mr. Watkin's view that, first of all, this is
not an extensive subdivision but, more importantly, no subdivision
is proposed at this time. Prior to the removal of the Holding "H"
from the back lands and development, a plan of subdivision and
related studies will be required. He also pointed out that there
have been other developments in the Townsh'Lp that have proceeded in
this manner.
The Board can understand the ratepayers' confusion, particularly
as they were not able to determine what may eventually happen on the
back lands. The reason that they were unable to obtain information
seems to be due to the fact that there was none. Mr. Jones and
Mr. Gary Bell seemed to suggest that the process followed in this
case was wrong and leads to uncertainty. They did acknowledge that
the Planning Act does not require that a plan of subdivision
accompany an Official Plan and zoning amendment. The Board would
consider such a requirement in this case to be unnecessary and of
little assistance in any event as eventual development may be
different. Thus the residents could be misled to an even greater
extent. As pointed out by Mr. Gary Bell and counsel for the
applicants, area residents can be consulted by the Minister in his
review of a plan of subdivision as is set out in Section 50 (3) -of the
Planning Act. Residents could inform the Minister of their desire
C �0099 R 900116.
C 901000 R 900446
to be consulted cat each time as the Don Is under rav:Lov- The Board
IiyWa the process, iM thin carjo vas not only acc6rd- uith tho
prov•niOns Of. the Planning Act,, but was also rCoasonabla and
app.rop?ri. ate .,
ME; BOV➢00Y Agarp an agroloqivtp ga've'eildence In support OP -the
I objectors 'posit I ion that the rsUbjoct J-11ndf." ohauld remain. 1h t,&e
AgkIdditural douignntibh, She 'bn the Caonda La nd, Xnventoxr
for the site and Ectind tfiat the 13bi1v are: i1i a
ZJK71 9 IJ I dia3sifiaafioxi wi-4,h u fort �,ko 3tr.j pti.on, in&
t6P6 aphy I I m itation. She refeirtod t6. 6: Mjnjqtj:jr �6f
)M&PP 4hidh:An.dic_at6d:I_1s at the date of I :U6 mapping
Irl X983,, that: the; lands: had boerx_idI6 f ar at least �,O yonrs:_ she
als6, ref erred to a Soil. Ourvey nap: of wig cae County v7h3ck xevoalod
that the spils are a3ejr P;an dY loam ighj6h, x4 ld,
qu ;�equire manure : and..
Allistah 6hadiVloam which ,rn001d: koquire ',tertilizer.6 She condlUded
that 'w$t farm m . anogement , e Aao i con She
Id be prqdudtiv
reviewed &lie` 7600.&4nd GuiaelimeB:bf the Province. As the bQil. >S cake
within Class ..i to A they r resent lAn urit4, aQJS1icua.tura1 , t I.
which acc<irdi�iT Section r3h6uld' he &ep
fa rmin4. -oh ft; eeded The fabt that, di6se_jiinds aio jo 0 does % hot
:mean that their potential for! a(jri.6ujWie,,maYhdIt be UtIA,7.6d: in the
f pture,. She Yas,:pf he pnihion t, at the lands' being Wi p Class I
16 4 are:. high pr otiy 'lands as stated:IA Sect 3.4-. .6
�Olw Therefor
in accordance with., Sed-Eion 3.,13e iiE hig. 'bappkp
lands are i:6 'be., taxed` I 6k am. &Iternative Use the need must be
d �
quaiekite �afid ust k 6d In, 'her view Ad ed h: documented,
justiftcati6n . has ibeew. i6rovide&�-. 'the also reviewed 6941 s,.' elating
)consents a nd c 9#d ded that,:because .the t ihree cons'ents, are nOt.
farm related and ;could: iesdit Anjc lict: iAihj�t he HcCuaig farm se
that they would'. contravene the policies bf..the Guide Ines a, Me Agar`
know. is amall,i would, ke
ac 'led dt h becatme the itb
ge : tmt,
1 /3
0 890151 C 901001
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C 901000 R 900446
be farmed in conjunction with a larger operation in the area. She
also acknowledged that to prepare the lands for cultivation would
require time, money and effort, but suggested that some pasture use
might be possible with a minimum of input.
Mr. Herman van Wesenbeeck, the land use specialist with the
Ministry of Agriculture in this area, has visited the site on several
occasions and commented on the proposal to the effect that the
development would have little or no impact on agriculture. He
pointed out that the site is a small isolated parcel with non-farm
uses to the north and south and a creek to the west. The lands have
been idle since 1954 and, although he acknowledged that the soils are
within the Canada Land Inventory classifications I to 4, he said that
because of a 7 to 8 per cent slope across the northeast and steep
slopes to the river, not only would these limitations change the soil
ratings to perhaps 4 or 5, but the area which might be reasonably
cultivated would be only 20 to 25 acres. In his view this parcel
does not represent an agricultural continuum and is not a valuable
agricultural resource. He explained that the classification in the
Canada Land Inventory is a "broad brush" and in order to evaluate a
particular parcel of land a more detailed assessment must be carried
out by observation and judgment. That assessment by him leads him
to the conclusion that the subject lands should not have been
designated Agriculture originally, but Rural. A justification report
to remove the lands from the Agricultural designation would not be
necessary as he does not consider the Lands to be high capability
agricultural lands. He acknowledged the possibility for conflicts
between farm operations and non-farm residents but, as he said, farm
uses have to stop somewhere and other uses take over. The proposed
residential use in this location does not, in his view, represent a
serious threat to the existing agricultural operation. His
measurement of the distance between the barns on the McCuaig farm and
0 00151 C 901001
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the 20 ConcavoiOn hO&d 10db ate a distance of 25D, as atroa$ wolf: in
0)'cess of the A#icultural COdO Of PMctic-e XGgairomnts for a dairy
The Board acceptrl Iqr� Van wasembeed klr� vevement 6f theoe landri
Ma& 9-Inds: that ifie, agriculturally designated lands are not 4jigtj
capability agricultural I lanft within the intent of the- Food-tana
Guide 'oy) nd j= accokdin no '10cume, ed'Ibstifi6aiton for romoving
9 y at
the lands irqm the Agricali't al desighat . ion is J746Ufled,i. AS
a:jittje..66mmOn monso'har, to be addedvhe
Ovaluatlilig the ncyaessi� of :retaining and ixa a n agrlcultut
.denignata' .Oh : :rn- t Is as C, the -h
u of Uo 3ands for a�ly.
-,ndea.Vour It, hiqh unlvtoiv. That i not 'Si„Cl r3 ay #at.
ever Y 3A e I
an yxnl� Idle
ture in the future'.
ded mi three sides, by n6xi w#ich!
vocip:', it is Unlikely to be used gor agric ituro ill cojj�"Ctiori with
othor f arini ng.,oparati6ns: as i does m t repreBen:t an inteqrA d.,
"e. � part
of the 6 gri6ditural uses to, the. easy, And the ride Atseit: has,
lJ
fektilit opogFap..
y :and, t' -jjjc limitail6w. The Boakd, therefore
that thO la ds:'bawbe designated ft na
P , M -bt� an", alter ve uije.a
The 90card finds th'f the jit
e dk,;
16
0 890151 C 901001
C 900999 R 900116
13 - C 901000 R 900446
40 Bell and Mr. Jones that the granting of the three consents would
represent poor planning as a total of four more accesses would
eventually be created, whereas development by an integrated plan of
subdivision can limit access points to two. Mr. WatkIn considered
the proposed 66 foot access for the back lands to be appropriate as
it is well south of the Township road intersection, yet he made no
mention of the fact that if the consents are permitted, two accesses
will be relatively close to the intersection which, in the Board's
view, could present a hazard. Also, the access to the development
should not be fixed prior to consideration of any and all factors
which should be reviewed to establish the best access point.
Further, as Mr. Kenneth Bell indicated water quality problems in the
area, the Board is of the opinion that no development should take
place without a hydrogeological study to ensure safe and adequate
drinking water, and that there will be no impact on Willow Creek and
down stream. Also, lot layout, landscaping and amenity areas can'be
located to take into consideration the agricultural use to the east
and. an existing gas pipeline that crosses the property to the south.
Thus, to the extent that the objectors submitted that development
should be by plan of subdivision, the Board agrees. It is just a
case of a difference of opinion as to when that plan should be
required. The Board does not agree that the Official Plan Amendment
and Country Residential Holding zoning should be delayed. The Board
accepts that the site is an appropriate location for residential
development. That is not to say that any residential development
will take place. That determination must be the subject of detailed
studies to ensure the protection of the environment. Mr. Gary Bell,
as previously noted, expressed a concern that once lands are
designated and zoned for a particular use, that it would be very
difficult to stop eventual development. The Board disagrees,
particularly in a time when the protection of the environment has
become a major concern of governments and residents alike.
0 890151 C 90II001
C WOO 500446
awumuryo the Board modifies official Plan Awandment 36
a now clattse in-SOCtion 5-13.1 following, clauee (vj.Li)- to read;
17
0 890151 C 901001
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- 15 - C 901000 R 900446
4'0' By -law 89 -114, as amended, agreed to as to form by counsel for the
Township.
DATED at TORONTO this 8th day of February, 1991.;
"D. H. MCRobb"
D. H. MCROBB
VICE - CHAIRMAN
n