06 24 2003 Sp Council Agenda
TOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: TUESDAY, JUNE 24, 2003
TIME: 7:00 P.M.
.........................................................................................................
1. OPENING OF MEETING BY THE MAYOR
2. ADOPTION OF AGENDA
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
4. PUBLIC MEETING:
a) 7:00 p.m.
Draft Comprehensive Amendments to Township of
Oro-Medonte Official Plan.
5. CONFIRMATION BY -LAW NO. 2003-061
6. ADJOURNMENT
OFFICIAL PLAN AMENDMENT NO.
GENERAL UPDATE TO OFFICIAL PLAN
TOWNSHIP OF ORO-MEDONTE
DRAFT FOR PUBLIC MEETING ON JUNE 24, 2003
.June 6, 2003
MERIDIAN
PlANNING CONSULTANTS INC.
TABLE OF CONTENTS
CONSTITUTIONAL STATEMENT
PART 1: THE INTRODUCTION
1.0
BACKGROUND
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2.0 LOCATION
3.0 BASIS
3.1 Home Industries ii
3.2 Severances in the Agricultural and Rural Designations ii
3.3 Infilling Lots iii
3.4 Severance of Lots with Two Dwellings iii
3.5 Additional Permissions in the Agricultural and Rural Designations iii
3.6 Seasonal Produce Stands iii
3.7 Industrial Uses in the Rural Designation iv
3.8 Water Taking v
3.9 Edgar Special Policy Area vi
3.10 Development on Private Roads viii
3.11 Adult Lifestyle Community viii
3.12 Shoreline Development viii
3.13 Group Homes ix
3.14 Public Parkland ix
3.15 Housekeeping Changes x
3.16 Mapping x
PART II: THE AMENDMENT 1
PART III: THE APPENDICES 21
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CONSTITUTIONAL STATEMENT
Part I: The Introduction, provides general information regarding the general policy
update. Part 1: The Introduction does not constitute an operative part of Amendment
No. to the Official Plan.
Part II: The Amendment, provides the details of the Official Plan Amendment. Part II:
The Amendment, including Schedules A and B constitute the operative part of
Amendment No. to the Official Plan.
Part III: The Appendices, provide more specific information regarding the Amendment
and the background work that led to the preparation of the Amendment. Part III: The
Appendices do not constitute an operative part of Amendment No. _ to the Official
Plan.
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PART I: THE INTRODUCTION
(this is not an operative part of Official Plan Amendment No.
1.0 BACKGROUND
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This update contains policies that deal with the following issues/land uses:
. home industries;
. the creation of infilling lots in the rural area;
. permissions for the severance of a second dwelling in the rural area;
. industrial uses in the Rural designation;
. water taking;
. development on private roads;
. adult lifestyle communities;
. Edgar special policy area;
. private roads;
. shoreline development; and,
. group homes.
In addition to the above, a number of minor housekeeping changes that improve the
readability and interpretation of certain policies are contained within this Amendment.
2.0 LOCATION
This Amendment applies to all lands in the Township of Oro-Medonte.
3.0 BASIS
The following sections describe the rationale for the changes to the Official Plan.
Part 1: The Introduction
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June 6, 2003
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3.1 HOME INDUSTRIES (ITEM # 1 OF OPA)
When the Official Plan was prepared in 1995, policies were included to permit home
industries on parcels of land in the Agricultural and Rural designations. The intent of
the policies was to allow farmers and other rural residents to realize other
opportunities on their properties, provided these opportunities did not have a
significant impact on adjacent land uses.
A key component of the policies, as originally written, was that any home industry
had to be accessory to an agricultural use and located on the same lot. This meant
that the home industry was not intended to be the principle use of the property but
only incidental to the principle use, which was intended to be agriculture. The
implementing Zoning By-law further refined this policy by indicating that home
industries were required to be accessory to an agricultural use on the same lot or
accessory to a single detached dwelling on the same lot. The Zoning By-law also
required that home industries be sited on lots that have a minimum lot area of 4.0
hectares.
A number of concerns have been raised about the absence of any criteria in the
Official Plan to provide some guidance to Council and staff on what exactly is a home
industry. Given the Township's proximity to the City of Barrie, there are also
concerns about those buying relatively inexpensive agricultural or rural land (as
compared to industrial land in Barrie) and developing industrial uses that have no
relation to the agricultural area or even to the Township.
It is the view of Council that retaining permissions in the Official Plan for home
industries is appropriate since home industries create jobs for Oro-Medonte residents
and allow farmers particularly to continue farming their land. However, there is a
need for clear guidance in the Official Plan on how home industries should be
considered. On this basis, the policies respecting home industries have been
considerably expanded. In addition, the policies no longer permit home industries
as-of-right. They will now only be permitted subject to rezoning and the fulfillment of
a number of detailed criteria.
3.2 SEVERANCES IN THE AGRICULTURAL AND RURAL DESIGNATIONS
(ITEMS #2, #3, #4, #5 AND #7)
The consent and subdivision pOlicies in the 1995 Official Plan are contained in a
number of different sections. This Amendment consolidates all of these policies in a
new section for easy reference.
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3.3 INFILLING LOTS (ITEMS # 6 AND # 12 OF OPA)
The 1995 Official Plan permitted new infilling lots within the Agricultural designation,
pursuant to the Provincial Policy Statement (PPS). A new infilling lot is only
permitted in this type of circumstance if the proposed home was located on a lot that
is between two homes on the same side of the road and which are not more than 100
metres apart. A key component of the PPS definition is that the home on either side
has to be on lots of similar size. The 1995 Official Plan definition of infilling in the
Agricultural designation is not consistent with the PPS definition and therefore needs
to be updated.
In addition, given the lot pattern in the Agricultural designation, no infilling lots have
been approved since 1995. This is primarily because of the 1995 requirement that at
least 35 hectares was required before an infilling lot could be considered and
because of the requirement that no other lot was created from the parcel since 1973.
This Amendment reduces the 36 hectare requirement to 20 hectares and deletes the
1973 requirement. This change will permit the consideration of infilling applications in
the Agricultural designation consistent with the PPS. The permission for infilling lots
is also extended to the Rural designation, where such a permission did not exist in
the 1995 Official Plan.
3.4 SEVERANCE OF LOTS WITH TWO DWELLINGS (ITEM # 4, # 7 AND #
11 OF OPA)
The 1995 Official Plan permits the severance of second dwellings from properties in
the Agricultural and Rural designations. This permission was intended to be time-
sensitive and most property owners in this situation have since obtained severances.
On this basis, this OPA deletes the permission.
3.5 ADDITIONAL PERMISSIONS IN THE AGRICULTURAL AND RURAL
DESIGNATIONS (ITEMS # 8 AND # 13 OF OPA)
Many municipalities are now considering how to both highlight the importance of
agriculture within their communities and to improve the livelihood of area farmers. In
this regard, many are now including additional permissions within their Official Plans
to achieve this objective. On this basis, this OPA includes agricultural research and
training establishments and farm-related tourism establishments as permitted uses,
subject to criteria, in the Agricultural and Rural designations.
3.6 SEASONAL PRODUCE STANDS (ITEM # 9 OF OPA)
There have long been concerns about these types of uses and how they should be
controlled, if at all. The 1995 Official Plan permits seasonal produce stands in both
the Agricultural and Rural designations, but there is no policy to assess them. As a
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result they have been classified as commercial uses on farm properties and are
permitted subject to criteria.
3.7 INDUSTRIAL USES IN THE RURAL DESIGNATION
The 1995 Official Plan permitted the establishment of industrial uses in the Rural
designation subject to zoning. The 1995 Plan stated that Council shall be satisfied
that such use:
a) is compatible with the rural character of the area;
b) can be designed and sited to blend in with the rural surroundings;
c) is located where it would have little or no impact on agricultural operations;
d) can be serviced with an appropriate water supply and means of sewage
disposal;
e) is to be accessed by municipal roads that can accommodate the increased
traffic generated by the proposed use;
f) will not cause a traffic hazard as a result of its location on a curve or a hill;
and,
g) can be appropriately buffered from adjacent residential uses.
In addition, prior to considering an application to develop a new industrial,
institutional or commercial use, Council shall be satisfied that the proposed use
cannot be reasonably sited in a nearby settlement area or on lands in the vicinity that
are designated Industrial or Commercial.
Since the Oro-Medonte Official Plan was prepared, the County of Simcoe Official
Plan was prepared and it requires that all single industrial uses in rural areas be
permitted only if an Official Plan Amendment to the local Plan is approved. The
County Plan indicates that "consideration of such proposals will require local Official
Plan Amendments and must meet one of the following criteria:
. the use is for the primary processing of land related resources found on the
site or in close proximity of the site;
. the use is incompatible in the proximity of other industrial uses;
. the use has large land requirements that cannot be satisfied in settlements,
business parks, or Special Development Area designations either though
existing infill opportunities or expansion. "
. In addition, the County Plan indicates that the "proposed use must:
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. generate minimal truck traffic or be in the proximity of an arterial road;
. have sewer and water service needs suitable for individual services;
. have a small number of employees;
· not be located in the proximity of residential or other incompatible uses in
accordance with applicable guidelines for industrial use and distance
separation; and
. except for agriculturally related industries and secondary uses, not be
located in prime agricultural areas. "
On the basis of the above, rural industrial uses can no longer be permitted as-of-right
in the Rural designation and the use is deleted as a permitted use in the Official Plan
by this OPA. In addition, a new section setting out relevant criteria is added to the
Official Plan.
3.8 WATER TAKING (ITEM # 23 OF OPA)
There have long been concerns about commercial water taking on the Oro Moraine
and in the Township of Oro-Medonte. At the present time, any application that
proposes the extraction of more than 50,000 litres of surface or groundwater per day
requires a Permit to Take Water (PTTW) from the Ministry of Environment.
Applications are typically posted on the Environmental Bill of Rights (EBR) website
for a period of time so that municipalities and residents may comment on the
application. There is currently no direct notification given to landowners surrounding
proposed high capacity wells.
A number of deficiencies in the PTTW process have been identified in the past,
particularly through the Walkerton hearing. During those hearings, the Environmental
Commissioner's Office (ECO) submitted a comprehensive report assessing a number
PTTW applications in the Province. As a result of their review, they determined that
many were not supported by adequate information and that many had conditions that
were not acceptable, in their view. The Province has strived to improve the PTTW
process since that time, but there continues to be concerns about the process and
the lack of any assessment of cumulative impact by the MOE as part of the review
process.
Municipalities currently have a very limited ability to control landowners who wish to
extract more than 50,000 litres water per day on average from a well on their
property. In January 2002, Council accepted the recommendations in a report
Meridian Planning Consultants prepared on the issue and indicated that they would
support the institution of some type of public process that requires the input of
neighbours and stakeholders when a PTTW application is submitted. This report and
corresponding resolution was then sent to most of the rural municipalities in Ontario,
with most supporting the approach set out by the Township of Oro-Medonte.
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The Township is historically has taken the position that the extraction of water from
the ground is not a land use pursuant to the Planning Act. This means that the
Township cannot control water taking, as long as this interpretation is in place.
However, the extraction of water from the ground is certainly a land use issue, as the
OMB hearing on Gold Mountain Springs clearly indicated.
Since that hearing, there has been another OMB hearing in the County of Grey,
where a spring water loading facility was proposed. The Township of Artemesia (now
in Grey Highlands) refused the application and it was heard by the OMB. At that
hearing, the OMB ruled that water taking was not a use of land and approved the
application. The Grey Association for Better Planning appealed the OMB decision to
Divisional Court and on November 21,2002, the Divisional Court ruled that the taking
of water was a use of land and directed the OMB to hold another hearing on the
matter. This decision has now been appealed to the Court of Appeal.
On the basis of the above, this OPA includes policies in the Official Plan that indicate
that water taking is a use of land. This means that a Zoning By-law Amendment
would be required for certain water takings.
3.9 EDGAR SPECIAL POLICY AREA (ITEM # 22 OF OPA)
The Edgar Occupational Centre occupies about 60 hectares of land in the centre of
the Oro Moraine. The centre was originally developed as a radar station by the
Federal Government in 1951. The lands were considered ideal for this use, since it
was located on one of the highest points of land in the area. The radar station was
one of 44 such stations developed across Canada at the height of the Cold War.
The radar station was closed in 1964 and the lands were transferred to the Province
of Ontario who then proceeded to use the property as an adult occupational centre
for the mentally handicapped. At its peak, the property housed 240 residents. As a
result of shifts in Provincial policies, the adult occupational centre was closed in
1998. The property continues to be owned by the Province but has not been used
for any purpose since its closure.
The property is currently the site of 84 dwelling units, a group housing building, two
office buildings, a recreation centre with a pool and bowling alley, a fully equipped
food services building, an infirmary, a church and school and a number of other
support buildings.
In 1998/1999 the Ontario Realty Corporation (ORC) was charged with disposing the
property, as it was deemed to be surplus. The property was appraised by a local
appraiser and a planning consultant was retained to assist with reviewing the
appropriate planning documents. At the time the property was offered for sale, the
sewage disposal and water distribution system on the property were in relatively
good shape. In addition, some of the buildings on the property were capable of being
reused.
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In order to assist with the sale of the property, the Township of Oro Medonte adopted
an Amendment to the Official Plan (OPA 5) that had the effect of placing the lands in
the Edgar Centre Special Policy Area designation. The intent of the designation was
to provide any perspective purchaser with the ability to develop a wide range of uses
on the property. These uses included institutional uses and residential/recreational
uses.
OPA #5 was adopted by Council notwithstanding the fact that there were enough
lands designated in the Township already to provide for additional residential
development in the Township to meet demand for the next twenty years. While it
was recognized that the property was not an ideal location for residential
development, given the location of other lands available for development and the
presence of the Oro Moraine, it was felt that an opportunity existed with the presence
of water and sewer infrastructure on the lands to realise a unique opportunity. If the
infrastructure on the property did not exist, there would be no land use planning
rationale to site such a large development in a primarily rural area and not on a major
Township road.
It has now been almost four years since OPA #5 was adopted by Council. The lands
have yet to be sold and the sewer and water infrastructure on the property is reported
to be crumbling. In addition, many of the buildings on the property are no longer
useable, since the heat in many of the buildings was turned off three years ago. In
addition to the above, there are growing concerns about the suitability of siting large- .
scale development not only in this location but in other locations on the Oro Moraine.
The Oro Moraine is considered to be the heart of the natural heritage system in the
Township of Oro Medonte. The Moraine serves as an important groundwater
recharge area and serves as the headwaters for six river and stream systems in the
area. It is easily the most important and valuable natural resource in the Township.
In order to recognize the importance of this feature, the Township has completed the
preparation of a land use strategy for the Oro Moraine. The intent of the land use
strategy is to identify what land uses are appropriate on the Moraine and to
incorporate an 'environment first' philosophy into the Township's planning documents
to ensure that development does not occur in areas which are deemed to be
environmentally sensitive.
Given the state of the infrastructure on the property and the importance of the Oro
Moraine, it is the Township's position that the designation of the property as a Special
Policy Area is no longer appropriate.
While the highest and best use of the property may have been residential at the time
OPA #5 was adopted, when the infrastructure on the property was in good shape, it
is now the Township's position that the lands should be retained in as natural a state
as possible, given their location on the top of the Oro Moraine. On this basis, the
Township would like to create a natural heritage area on the majority of the property.
The intent of such a natural heritage area would be to create a permanent
environmental reserve (the Edgar Environmental Reserve) on the Oro Moraine.
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There may be a possibility to use some of the lands that are currently the site of
buildings for a institutional/training use in the future, however it is difficult to
determine at this point what that use could be.
It is also the Township's position that retaining the lands in the Rural designation
would also conform with the Province's 'smart-growth' initiatives. Simply stated,
'smart-growth' means that major development should be directed to existing
settlements where sewer and water infrastructure and other community services
already exist. The Edgar centre is not considered to be a settlement.
3.10 DEVELOPMENT ON PRIVATE ROADS (ITEM # 27 OF OPA)
Section H1 of the 1995 Official Plan contains policies that deal with development that
is not located on public roads that are maintained on a year-round basis. The intent
of the policy is to preclude the creation of new lots on such roads and to not permit
the development of new homes on these roads, unless these roads are brought up to
municipal standards.
There continues to be numerous requests to allow development on such roads.
However, the 1995 policy needs to be updated to ensure that the intent of the policy
is clear.
3.11 ADULT LIFESTYLE COMMUNITY (ITEM # 27)
A considerable amount of concern has been expressed about the continuing rational
behind permitting such communities to be established in Oro-Medonte. Much of the
concern on the part of the residents stems from the 'non-adult lifestyle' community
nature of the newer portions of the Horseshoe Valley Resort development.
It is the Township's opinion that any adult lifestyle community developed in close
proximity to the City of Barrie will eventually be occupied by residents on a full-time
basis and by residents with children. This means that there will eventually be a
demand for services such as parks and schools for the new residents. On this basis,
the Township believes that it should consider the development of such communities
in the same manner as any other form of residential development. Given that
residential development is generally directed to settlements, the Township is of the
view that the permission to allow adult lifestyle communities in a rural settling is no
longer appropriate. On this basis, the entire section dealing with adult lifestyle
communities is deleted from the Official Plan by this OPA.
3.12 SHORELINE DEVELOPMENT (ITEM # 19 OF OPA)
A number of requests have been made to permit the creation of lots on existing year-
round roads that serve as the boundary of the Shoreline designation. Landowners in
these areas believe that such development will not result in an increase in municipal
services, since the road is already there.
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Prior to the approval of the new Official Plan, the former Township of Oro Official
Plan permitted the creation of lots on these roads subject to a number of criteria
being fulfilled. This approval was deleted from the new Official Plan as a result of
concerns about additional development in the Shoreline area having impacts on
servicing and access to Lake Simcoe.
It the Township's opinion that some limited large lot development could occur on
existing public roads across from existing shoreline development under certain and
very strict conditions and subject to the approval of a site-specific OPA. This OPA
includes the policy criteria that would need to be considered when reviewing such an
application.
3.13 GROUP HOMES (ITEM # 28 OF THE OPA)
The 1995 Oro-Medonte Official Plan does not contain any policy on group homes. It
has consistently been the position of the Province of Ontario that group homes
should be a permitted use as of right in any land use designation that permits
residential uses. In addition, since the Planning Act (Section 35) prohibits
municipalities from controlling occupancy through zoning and/or restricting the type of
individual who resides in a dwelling, it is now impossible to restrict the. establishment
of different living arrangements in residential dwellings. It is on this basis that many
municipalities are now crafting group home policies in their Official Plan which are
intended to provide some direction to Council on where group homes should be
permitted in the Township and under what conditions. In addition, municipalities are
now requiring licenses for the establishment of group homes in accordance with the
Municipal Act.
In addition to the above it is the Township's opinion that there is a need to distinguish
between group homes that are designed to be occupied by those who have mental or
societal issues between those group homes that are designed to be correctional in
nature such as a correctional group home. It is the Township's opinion that
correctional group homes should not be permitted as of right in any area of the
Township, but that it should proceed through some type of planning process instead.
On the basis of the above a new section on group homes is included within the Oro-
Medonte Official Plan by this OPA.
3.14 PUBLIC PARKLAND
The 1995 Official Plan does not contain any specific policies on parkland planning.
Given the importance of parkland to the residents of the Township, detailed policies
are included in the Official Plan by this OPA.
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3.15 HOUSEKEEPING CHANGES (ITEMS #14, #15, #16, #17, #18, #20, #
21, #24, #25, #26, #29, #30, #31 AND #36)
A number of minor additions and housekeeping changes are also included within the
OPA. The intent of these changes is to ensure that the Official Plan can be easily
interpreted and used.
3.16 MAPPING (ITEM #35 AND 36)
Both Schedules A and B are replaced by new schedules which correctly identify the
location of all wetlands in the Township. Schedule A also replaces Schedules A1 to
A24, so that all information is now on one map.
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PART II: THE AMENDMENT
(This is the operative part of Official Plan Amendment No. _)
ITEM # 1
Home industries are added as a permitted use in Section 02.2 following home occupations. The
third paragraph in Section 02.2 is deleted and Sections 02.3.5, 03.3.5 and 011.3.3 are deleted
and replaced with new sections as set out below:
"Home industries are small-scale industrial uses that are accessory to agricultural
operations or single detached dwellings on large rural lots. These uses should not
detract from the primary use of the property for agricultural or residential purposes.
Home industries may include welding, carpentry or machine shops, or agriculturally
related uses that involve the processing of regionally produced agricultural crops or
other products. The accessory retail sales of products produced in the home industry
is also permitted. The repair, storage or sale of motor vehicles is not considered to
be a home industry.
Home industries may be permitted, subject to re-zoning, provided Council is satisfied
that:
a) the building housing the home industry is located within the existing farm-
building cluster, if located on a farm property;
b) the home industry has a floor area that is consistent with the scale of uses on
the property;
c) the home industry and any activity area associated with the home industry is
set back from all lot lines by at least 30 metres;
d) the noise that could potentially emanate from the use will not have an
adverse impact on adjacent properties;
e) the type and level of traffic generated by the use is compatible with the
character of the area;
f) the operator of the home industry resides on the property;
g) all machinery and equipment, with the exception of motor vehicles, required
for the home industry is located within enclosed buildings;
h) any open storage associated with the home industry is screened from view
and located within a fenced compound;
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i) the home industry has a limited number of employees; and,
j) any retail component of the home industry is clearly accessory to the home
industry and does not detract from the primary use of the property.
The development of a new home industry shall be subject to Site Plan Control. In
addition, such a use may require a license in accordance with the Municipal Act".
ITEM # 2
Section H2 is deleted and replaced with a new Section H2.
"H2 SUBDIVISION OF LAND
This section is intended to contain policies that are to be considered with every
application to subdivide land in the Township. Regard shall also be had to the
specific policies dealing with lot creation in each land use designation in addition to
other policies in the Plan.
H2.1 PREFERRED MEANS OF LAND DIVISION
Land division by Plan of Subdivision, rather than by consent, shall generally be
required if:
a) the extension of an existing public road or the development of a new public
road is required to access the proposed lots; or,
b) the area that is proposed to be developed is not considered to be infilling; or,
c) a Plan of Subdivision is required to ensure that the entire land holding or
area is developed in an orderly and efficient manner; or,
d) more than four lots including the retained lands are being created and/or the
owner is retaining sufficient lands for the development of additional lots.
H2.2
NEW LOTS BY CONSENT
H2.2.1
General Criteria
Prior to issuing provisional consent for a new lot for any purpose, the Committee of
Adjustment shall be satisfied that the lot to be retained and the lot to be severed:
a) fronts on and will be directly accessed by a public road that is maintained on
a year-round basis;
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b) does not front on a Provincial Highway or County Road, unless the Province
or the County supports the request;
c) will not cause a traffic hazard;
d) has adequate size and frontage for the proposed use in accordance with the
Comprehensive Zoning By-law and is compatible with adjacent uses;
e) can be serviced with an appropriate water supply and means of sewage
disposal;
f) will not have a negative impact on the drainage patterns in the area;
g) will not restrict the development of the retained lands or other parcels of
land, particularly as it relates to the provision of access, if they are
designated for development by this Plan;
h) will not have a negative impact on the features and functions of any
ecological feature in the area; and,
i) will not have an impact on the quality and quantity of groundwater available
for other uses in the area.
Provisional consent may be granted subject to appropriate conditions of approval for
the severed and/or retained lot in accordance with the Planning Act.
H2.2.2
Boundary Adjustments
A consent may be permitted for the purpose of correcting conveyances, enlarging
existing lots or through acquisition by a public body, provided no new building lot is
created. In reviewing an application for such a boundary adjustment, the Committee
of Adjustment shall be satisfied that the boundary adjustment will not affect the
viability of the use of the properties affected as intended by this Plan. In addition, the
Committee of Adjustment shall be satisfied that the boundary adjustment will not
affect the viability of the agricultural parcels affected.
H2.2.3
Technical Severances
The creation of new lots to correct a situation where two or more lots have merged on
title may be permitted, provided the Committee of Adjustment is satisfied that the new
lot:
a) was once a separate conveyable lot in accordance with the Planning Act;
b) the merging of the lots was unintentional and was not merged as a
requirement of a previous planning approval;
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c) is of the same shape and size as the lot which once existed as a separate
conveyable lot;
d) can be adequately serviced by on-site sewage and water systems;
e) fronts on and will be directly accessed by a public road that is maintained
year-round by a public authority;
f) there is no public interest served by maintaining the property as a single
conveyable parcel; and,
g) conforms with Section H2.2.1 of this Plan.
H2.2.4
Lots for Utilities
The creation of new lots for public utilities, communication utilities and water and
sewer infrastructure may be permitted provided:
a) the area of the proposed lot is minimized and reflects what is required for the
use; and,
b) the implementing zoning by-law, as a condition of Provisional Consent, only
permits uses that are related to the utility on the lot.
H2.3 SUBDIVISION DEVELOPMENT POLICIES
This section is intended to contain general Plan of Subdivision policies that are to be
considered with every application for Plan of Subdivision. Regard should also be had
to the specific policies dealing with lot creation in each land use designation.
Prior to the consideration of an application for Plan of Subdivision, Council shall be
satisfied that:
a) the approval of the development is not premature and is in the public interest;
b) the lands will be appropriately serviced with infrastructure, schools, parkland
and open space, community facilities and other amenities;
c) the density of the development is appropriate for the area;
d) the subdivision, when developed, will be easily integrated with other
development in the area;
e) the subdivision conforms with the environmental protection and management
policies of this Plan; and,
f) the proposal conforms to Section 51 (24) of the Planning Act, as amended.
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Prior to the registration of any Plan of Subdivision, a Subdivision Agreement between
the landowner and the Township will be required."
ITEM # 3
Sections 02.3.4, 02.3.9, 02.3.10, 03.3.6, 03.3.7, 04.3.1, 04.3.2, 05.3.3, 010.3.5, 010.3.7 and
011.3.2 are deleted and the remaining sections are re-numbered accordingly. (These sections
deal with the subdivision of land).
ITEM # 4
The first and third paragraphs of Section 02.3.2 are deleted.
ITEM # 5
Section 02.3.2.1 is amended by changing the heading to 'Lots for Bona Fide Farmers'. The
following paragraph is also included after the first paragraph:
"The creation of a new lot for a bona fide farmer may be permitted, provided:
a) the lot from which the new lot is proposed to be created has an area of at
least 36 hectares or is the whole of an original Township lot;
b) a lot has not been severed from the parcel since March 26, 1973;
c) the severed lot is to be located where it would have the least impact on
existing and future agricultural operations; ,
d) the proposed lot is no smaller than 0.4 hectares and generally no larger than
1.0 hectare;
e) the proposed lot complies with the Minimum Separation Oistance formula;
and,
f) the proposed lot will conform with the general consent policy of this Plan.
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ITEM # 6
The Section heading of Section 02.3.2.2 is deleted and replaced with 'Infilling Lots'. The
remainder of the Section is deleted and replaced with the following:
"The creation of a new infilling lot may be permitted, provided:
a) the lot is located between two existing non-farm residences which are on
separate lots of a similar size and which are situated on the same side of the
road and are generally not more than 100 metres apart;
b) no more than one infilling lot is created from an original Township lot upon
the date of approval of this policy;
c) the proposed lot will conform to the Minimum Oistance Separation One
Formula and will not affect the ability of neighbouring farmers to expand their
operations in the future;
d) the lot from which the infilling lot is to be created has an area of at least 20
hectares; and,
e) the proposed lot will conform with the general consent policies of this Plan."
ITEM # 7
Section 02.3.3 is deleted.
ITEM # 8
'Agricultural research and training establishments' and 'farm related tourism establishments' are
added as permitted uses in Section 02.2 following 'greenhouses'. A new Section 02.3.11 and a
new Section 02.3.12 are added as follows:
"D2.3.11 Agricultural Research and Training Establishments
The development of agricultural research and training establishments is encouraged
in the Township. Such uses may be permitted subject to re-zoning, provided Council
is satisfied that:
a) the use is related to and will benefit the agricultural industry;
b) the use will assist in the furthering of knowledge in the agricultural sector of
the economy; and,
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c) the use will assist local farmers through training and the identification of
improved farming methods and procedures.
D2.3.12 Farm Related Tourism Establishments
Given the proximity of the Township to growing urban areas, Council supports the
development of uses that highlight the importance and value of the agricultural way of
life in the area. On this basis, uses such as art galleries, artist studios, farm
machinery and equipment exhibitions, farm tours, holiday-related exhibitions and
small-scale educational establishments that focus on farming instruction are
permitted in the Agricultural and Rural designations subject to rezoning. Prior to
considering such an application, Council shall be satisfied that:
a) the use is clearly associated with agriculture;
b) the use will highlight the importance of agriculture to the economy;
c) traffic generated by the use can be safely accommodated on area roads;
and,
d) all other municipal requirements, such as a license under the Municipal Act,
are complied with.
All such uses may be subject to Site Plan Control, depending on the scale of the use.
In addition, such uses shall be encouraged to locate in existing farm buildings
wherever possible."
ITEM # 9
A new Section 03.3.11 is included in the Official Plan
"D3.3.11 Commercial Uses on Farm Properties
The development of accessory commercial uses on farm properties is permitted,
provided:
a) the use is clearly associated with and located on a farm property;
b) the retail component has a floor area of no more than 200 square metres;
and,
c) the majority of the products offered for sale, in terms of monetary value, are
produced or manufactured on the farm property.
The development of a new commercial use on a farm property shall be subject to Site
Plan ControL"
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ITEM # 10
Industrial uses are deleted as a permitted use in Section 03.2 of the Official Plan. The term
'industrial' is also deleted from Section 03.3.2. In addition, a new Section 03.3.8 is added as
below:
"D3.3.8 Industrial Uses
Single industrial uses in the Rural designation may be permitted, subject to the
approval of an Official Plan and Zoning By-law Amendment. Prior to granting these
approvals, Council shall be satisfied that the proposed use:
a) satisfies at least one of the following locational criteria:
i) the use is for the primary processing of land related resources found
on the site or in close proximity of the site; or,
ii) the use is not compatible with industrial uses. in existing business
parks or employment areas; or,
iii) the use has large land requirements that cannot be satisfied in
settlements, business parks either though existing infill opportunities
or expansion.
b) is compatible with the rural character of the area; .
c) can be designed and sited to blend in with the rural surroundings;
d) is located where it would have little or no impact on agricultural operations;
e) can be serviced with an appropriate water supply and means of sewage
disposal;
f) is to be accessed by municipal roads that can accommodate the increased
traffic generated by the proposed use;
g) will not cause a traffic hazard as a result of its location on a curve or a hill;
and,
h) can be appropriately buffered from adjacent residential uses."
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ITEM # 11
The third paragraph of Section 03.3.1 beginning with 'notwithstanding...' is deleted.
ITEM # 12
A new Section 03.3.2 is added as follows:
"D3.3.2 Infilling Lots
The creation of a new infilling lot may be permitted, provided:
a) the lot is located between two existing non-farm residences which are on
separated lots of a similar size and which are situated on the same side of
the road, and are not more than 1 00 metres apart;
b) there is no more that 120 metres separating the two non-farm lots;
c) no more than one infilling lot is created from an original Township lot upon
the date of approval of this policy;
d) the proposed lot will conform to the Minimum Oistance Separation One
Formula and will not affect the ability of neighbouring farmers to expand their
operation in the future;
e) the lot from which the infilling lot is to be created has an area of at least 20
hectares; and,
f) the proposed lot will conform with the general consent policies of this Plan."
ITEM # 13
'Agricultural research and training establishments subject to Section 02.3.11' and 'farm related
tourism establishments subject to Section 02.3.12' are added as permitted uses in Section 03.2.
ITEM # 14
The last paragraph of Section 04.3.5 is deleted.
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ITEM # 15
The second paragraph of Section 06.2 deleted.
ITEM # 16
The following sentences are added at the end of the first paragraph of Section 07.5.1:
"Expansions of less than 25% may also be subject to Site Plan Control. No
expansions that would have the effect of increasing the floor area of a building that
existed on July 1, 2003 by more than 25% will be permitted unless an appropriate
site plan agreement is entered into."
ITEM # 17
Section 09.4 is deleted.
ITEM # 18
Section 010.3.1 is deleted
ITEM # 19
Section 010.3.8 is amended by adding the following second paragraph:
"Notwithstanding the above, Council may consider minor amendments to the Official
Plan to permit development on an existing public road that is across from existing
development in the Shoreline designation, provided Council is satisfied that:
a) the lot(s) will have an area of 0.6 hectares or greater;
b) the road is upgraded as required;
c) the Amendment provides for only a limited amount of development that is
compatible with the scale and character of existing development; and,
d) the lots conform with the general consent policies of this Plan.
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ITEM # 20
The entirety of Section E1 is moved to a new Section 04.3.6. Section E1.5 and E1.7 are also
deleted.
ITEM # 21
Sections E2.2.3, E.2.2.4 and E2.2.5 are deleted.
ITEM # 22
Section E4 is deleted. (Edgar Special Policy area) and the subject lands are re-designated to the
'Rural'designation.
ITEM # 23
Section H4 (Adult Lifestyle Communities) is deleted and a new Section H4 is added as below:
"H4 WATER TAKING
"The extraction of more than 50,000 litres of ground or surface water per day is
deemed to be a land use in accordance with the Planning Act. The implementing
zoning by-law shall prohibit water takings that involve the taking of more than 50,000
litres per day. An application for re-zoning will be required to permit such extraction.
In considering such an application, Council shall be satisfied that:
a) the quality of groundwater and surface water in the area will be maintained
and, where possible, improved or restored; and,
b) the quantity of water available for other uses in the area and as base flow for
rivers and streams in the sub-watershed will not be affected.
As a condition of approval, Council may require the proponent to enter into a
monitoring agreement to ensure that Council has the ability to ensure that
neighbouring drinking water supplies are not affected by the extraction. If it is
deemed that the extraction is having a negative impact' on the quality and/or overall
quantity of water available in the area, Council will have the ability, pursuant to the
monitoring agreement, to require the water extraction to cease."
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ITEM # 24
The term 'Highway 93' in the heading of Section H1.2.2 is changed to 'County Road 93'.
ITEM # 25
The term 'County Road 27' is deleted from the heading of Section H1.2.3.
ITEM # 26
Section H1.2.4 is deleted
ITEM # 27
Section H 1.4 of the Official Plan is deleted and replaced with the following:
"H1.4
OTHER TYPES OF ROADS
H1.4.1
Intent of the Township
The other types of roads in the Township include:
a) private roads which cross private property to access a lot;
b) unopened road allowances;
c) unassumed roads; and,
d) roads that are owned and maintained by a public authority for only a part of
the year.
The creation of new lots on roads set out in a), b), c) and d) above is not permitted.
Exceptions may be considered in areas where development is proposed by way of
Plan of Condominium where multiple accesses over condominium blocks is required
to access other condominium blocks.
All lots that front on these roads shall be subject to Site Plan Control and be subject
to a Holding Provision in the implementing Zoning By-law that prohibits any
enlargement, renovation or addition to a dwelling unit that existed on the date the
implementing Zoning By-law is passed by Council until the occupant satisfies the
requirements of Section H1.4.2. Once these requirements are satisfied, the Holding
Provision shall be lifted by the Township.
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The development of new homes or any building containing a non-residential use on
existing lots on these roads is not permitted until the road is brought up to municipal
standards and maintained on a year-round basis. The cost of bringing such a road
up to municipal standards shall be borne by the landowners that will benefit from the
upgrading of the road.
The construction or development of new private roads or extensions to existing
private roads shall not be permitted unless the private road is in a Plan of
Condominium. New rights-of-way, in the form of private driveways, may be granted
by the Committee of Adjustment for access only to parcels that are presently land
locked and which are the site of a residential use on the date the implementing by-
law is passed. All proposed rights-of-way for existing land locked parcels must be
developed from an existing public road that is maintained year round and is of a
standard acceptable to the Township.
H1.4.2
Conditions under which Holding Provision will be removed
The following criteria have to be satisfied before Council will remove a Holding
Provision applying to lots that are subject to Section H1.4.1:
a) The use on the lot must be permitted by the implementing Zoning By-law.
b) The lot and all buildings and structures on the lot shall comply with the
implementing Zoning By-law.
c) The appropriate approvals are obtained for sewage disposal and a potable
water supply is available.
d) The property owner, at his expense, enters into a Site Plan Agreement with
the Township that indicates that:
i) the owner acknowledges and agrees that the lot in question does not
front on an improved public road;
ii) the owner acknowledges and agrees that the Township does not or
is not required to maintain or snowplow the said road or street;
iii)
the owner acknowledges and agrees that the Township will not take
over or assume an unopened, unassumed or private road or street
as a Township public road or street unless it has been built
according to the Township standards then in force;
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iv) the owner acknowledges and agrees that the Township is not liable
for any injuries, losses or damages as a consequence of the
Township issuing a building permit; and,
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v) the Site Plan Agreement shall, at the expense of the owner, be
registered against the lands."
ITEM # 28
A new Section H9 is added as below:
"H9 RESIDENTIAL CARE FACILITIES
a) Residential care facilities are defined as residential facilities that
accommodates residents who have a range of emotional, psychiatric,
physical, developmental, or social disadvantages or problems who live in a
24-hour supervised setting, and receive both room and board and assistance
with daily living.
b) The implementing zoning by-law shall provide specific definitions for these
residential care facilities as well as performance standards. For the purposes
of this policy, crisis care facilities (where short term temporary
accommodation is provided for persons in emergency situations), and
hostels for the homeless or transients shall not be included
c) The Township supports the provision of an adequate supply of residential
care facilities subject to appropriate funding from senior government
agencies, the provision of adequate community services for clients and
proper siting of such facilities. On this basis, residential care facilities are
permitted in any land use designation that permits residential uses. Such
uses may also be subject to Site Plan Control to ensure that the facility is
properly licensed by the Provincial government and complies with the Ontario
Building and Fire Codes. In addition, the implement by-law shall not permit
the use of such a facility by more than 8 residents, plus the owner and staff
d) In order to prevent an undue concentration of residential care facilities, the
implementing Zoning By-laws shall specify a minimum distance separation
between facilities, as well as regulations regarding performance standards
such as dwelling type, and minimum floor space. Registration of residential
care facilities with the Township shall be mandatory.
e) It is recognized that not all residential care facilities easily integrate into the
existing community. Some facilities have specialized program needs which
dictate a certain type of location or proximity to certain community services.
On this basis, certain types of Correctional Group Homes and Treatment
Centres that do not require facilities and services normally provided in the
urban area may be permitted in rural locations of the Township subject to a
zoning by-law amendment. .
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A zoning by-law amendment as outlined above will be subject to an evaluation of the
following criteria:
a) the intensity of use relative to the area of the property;
b) the compatibility with surrounding land uses;
c) the suitability of the location with respect to the needs of clients and
availability of necessary services;
d) the potential impact on existing community services;
e) proximity to other residential care facilities; and,
f) size and type of dwelling as well as lot size".
ITEM # 29
A new Section H10 is added
"Hi0
AGRICULTURAL OPERATIONS
The following policies apply to agricultural operations and non-agricultural operations
near such uses in the Township:
a) In order to provide farmers with the ability to carry out normal farm practices,
all new development, excluding residential development on existing lots of
record, shall be set back from agricultural operations in accordance with the
Minimum Distance Separation One formula. Development on lands within
Shoreline, Commercial, Industrial, and any Residential and Horseshoe
Resort designation is exempt from this policy.
b) New and/or expanded livestock facilities shall be set back from existing non-
agricultural operations in accordance with the Minimum Distance Separation
Two formula, as amended.
c) The Minimum Distance Separation One and Two formulas shall be included
within the implementing Zoning By-law. An amendment to this Plan shall not
be required to vary the setbacks required by the formulas, provided the
variation is minor and will not affect the viability of agricultural operations in
the area.
d) Nothing in this Plan shall limit the ability of farmers to carry out normal and
reasonable farm practices in accordance with the Farm Practices Act."
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ITEM # 30
A new Section J2.4 is added to the Plan:
".12.4
NON COMPLYING BUILDINGS, STRUCTURES OR LOTS
A non-complying building, structure or lot is such that it does not comply with the
regulations of the implementing zoning by-law.
A non-complying building or structure may be enlarged, repaired or renovated
provided that the enlargement, repair or renovation:
a) does not further increase a situation of non-compliance;
b) complies with all other applicable provisions of this Plan and the
implementing zoning by-law;
c) does not increase the amount of floor area in a required yard or setback
area; and,
d) will not pose a threat to public health or safety.
A non-complying lot in existence prior to the effective date of the implementing
zoning by-law that does not meet the lot area and/or lot frontage requirements
contained within the implementing zoning by-law, may be used and buildings thereon
may be erected, enlarged, repaired or renovated provided the use conforms with the
applicable policies of this Plan and the implementing zoning by-law, and the buildings
or structures comply with all of the other provisions of the implementing zoning by-
law."
ITEM # 31
A Section J3 is replaced with a new Section J3 as below:
"J3 AMENDMENTS TO THE OFFICIAL PLAN
It is the intent of this Plan to serve as the basis for managing change in the Township
for the next 20 years. As a result, this Plan identifies enough land for residential,
commercial and industrial uses to last until the year 2022.
It is the intent of this Plan that this Plan should only be amended when the policies of
this Plan have been found not to address issues or alternatively, issues have been
raised with respect to site-specific proposals that must be addressed in a
comprehensive manner. However, where Amendments are contemplated by this
Plan, they shall be considered by Council.
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Council may eliminate notice to the public and a public meeting for a minor Official
Plan Amendment which does the following:
. Changes the numbers of sections or the order of sections in the Plan, but
does not add or delete sections;
. Consolidates previously approved Official Plan Amendments in a new
document without altering any approved policies or maps;
.
Corrects grammatical or typographical errors in the Plan which do not affect
the intent or affect the policies or maps;
..
. Rewords policies or re-illustrates mapping to clarify the intent and purpose of
the Plan or make it easier to understand without affecting the intent or
purpose of the policies or maps; and,
. Translates measurements to different units of measure or changes reference
to legislation or changes to legislation where the legislation has changed.
In all other instances, notification to the residents of the Township of public meetings
held by Council shall be given in accordance with the procedures of The Planning
Act."
ITEM # 32
A new Section J6 is replaced with a new Section J6 as below:
"J6 OFFICIAL PLAN REVIEW
The assumptions, objectives and policies of this Plan shall be reviewed at least once
every five years at a meeting of Council, which shall be advertised in accordance with
the Planning Act, as amended.
The five-year review shall consist of an assessment of:
a)
the effectiveness of the Plan in protecting water quality, heritage resources,
natural resources and habitat and the general environment within the
Township;
.:
b)
the continuing relevance of the vision that forms the basis of all policies
found in this Plan;
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c) the degree to which the objectives of this Plan have been met;
d) the amount and location of lands available for urban development;
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e) whether the Township has realized a desirable balance of commercial and
industrial assessment in relation to residential assessment;
f) the Township's role within the Region and its relationship with other
municipalities;
g) development trends in the Region and their effect on development in Oro-
Medonte; and,
h) the nature of any Province - wide planning initiatives and their implications on
Oro-Medonte. "
ITEM # 33
A new Section H9 is added:
"H9 PUBLIC PARKLAND
H9.1 OBJECTIVES
It is the objective of this Plan to:
a) establish and maintain a system of public open space and parkland
areas that meets the needs of present and future residents;
b) enhance existing parkland areas wherever possible to respond to
changing public needs and preferences;
c) ensure that appropriate amounts and types of parkland are acquired by
the Township through the development process;
d) encourage the dedication and donation of environmentally sensitive
lands into public ownership to ensure their continued protection; and,
e) manage the public open space and parkland areas in a manner that is
consistent with the 'environment-first' objectives of this Official Plan.
H9.2
GENERAL POLICIES APPLYING TO ALL PUBLIC PARKLAND
H9.2.1
Recreation Master Plan
It is the intent of this Plan that a Recreation Master Plan be prepared by Council. The
Master Plan is intended to serve as a guide for the development of parks and
recreation facilities and services. The policies of this Plan are intended to
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complement the Recreation Master Plan. The Recreation Master Plan shall be
updated, as required, to respond to changing needs and circumstances
H9.2.2
Integration of Other Public Uses with the Public Parkland System
Where a public parkland area is to be integrated with an educational or major
recreational facility, it is the intent of this Plan that the two uses complement each
other by ensuring that there are no physical barriers between the uses.
H9.2.3
Dedication of Land through the Development Process
..
Council will require the dedication of five percent of the land within a residential Plan
of Subdivision to be dedicated to the Township as parkland. Two percent of the land
within a non-residential development shall be dedicated as parkland. In lieu of the
above requirements, Council may require cash-in-lieu of parkland instead, as
deemed appropriate.
All lands dedicated to the Township shall be conveyed in a physical condition
satisfactory to the Township.
Lands within the Environmental Protection One designation and/or which have been
identified as hazard lands shall not be considered as part of the required minimum
dedication of parkland pursuant to this section of the Plan.
H9.2.4
Parkland Dedication By-law
Council shall enact a Parkland Dedication By-law that establishes:
a) the lands to which the by-law is applicable;
b) the rate of parkland dedication in accordance with Section H9.2.1 of this
Plan;
c) the development applications which are subject to parkland dedication
requirements; and,
d) land uses which are exempt from parkland dedication requirements.
:
H9.3 PARKLAND DEVELOPMENT POLICIES
It is the intent of this Plan that all public parkland:
-
a) have as much street frontage as possible and be open to view on as many
sides as possible for safety purposes;
b) be appropriately lit for safety purposes;
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c) have direct and safe pedestrian access from adjacent residential areas;
d) be designed to minimize any potential negative impacts on adjacent
residential areas through the use of such measures as planting, fencing and
the provision of appropriate access and parking;
e) incorporate natural heritage features wherever possible into the design of the
parkland;
f) be integrated into the fabric of the adjacent neighbourhood; and,
g) be connected, wherever possible, to trail systems, cycling routes and natural
heritage corridors."
ITEM # 34
A new Section H1Q is added:
"H10
TECHNICAL STUDIES AND PEER REVIEWS
Where a policy in this Plan requires the submission of technical studies, such as an
Environmental Impact Study, such studies must be prepared at the applicant's
expense by a qualified professional. When technical studies are submitted to the
Township, Council may authorize a qualified professional to peer review such studies
and provide advice to Council at the applicant's expense."
ITEM # 35
Schedules A 1 to A24 are deleted and replaced with a new Schedule A.
ITEM # 36
Schedule B is deleted and replaced by a new Schedule B.
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PART III: THE APPENDICES
(This is not an operative part of Official Plan Amendment No. _)
Appendix 1:
Letters received from the public on the Official Plan update since January 1,
2002.
Appendix 2:
Notice of public meeting for the May 8, 2002 meeting.
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Appendix 3:
Letters sent to public participants by Meridian.
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5
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-061
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL
COUNCIL MEETING HELD ON TUESDAY, JUNE 24, 2003.
~
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO~MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on Tuesday,
June 24, 2003, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 24th DAY OF JUNE, 2003.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF JUNE,
2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
.
Clerk, Marilyn Pennycook
1>'
t
Township of
Oro-Medonte
Official Plan
LEGEND
c=J Agricultural
Rural
Rural Settlement Area
Rural Residential
Restricted Rural
Industrial
Commercial
Shoreline
Recreational
Open Space
Environmental Protection One
Environmental Protection Two
Mineral Aggregate Resources - Licenced
Airport
Oro Centre Industrial/Commercial
Lake
Simcoe
Mt. St. Louis Moonstone
Hawkstone Expansion Area
Hawkstone Residential Area
c:=:J Eighth Line Special Policy Area
E=:3 Oro Moraine Planning Area
Closed Waste Disposal Site
Schedule A
Land Use
JUNE 2003