OPA #17 Appendix1 - County of Simcoe
OPA #17 Appendix1 - County of Simcoe
OPA #17 Appendix1 - County of Simcoe
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Page 1 <strong>of</strong> 4<br />
To: Oro-Medonte Council<br />
From: Nick McDonald<br />
Date: August 5, 2003<br />
Subject: Official Plan Review<br />
Job Number: 2360<br />
BACKGROUND<br />
Attached to this report is a revised Official Plan Amendment that changes some <strong>of</strong> the general<br />
land use policies in the Township.<br />
A draft Amendment was prepared for Council and public consideration at a public meeting under<br />
the Planning Act on June 24, 2003. In the period leading up to and following the public meeting,<br />
a number <strong>of</strong> written submissions on the proposed policies were received. In addition, a number<br />
<strong>of</strong> individuals made presentations at the public meeting. As a result <strong>of</strong> these submissions and<br />
further consideration <strong>of</strong> the draft policies by Planning Advisory Committee on July 15, 2003 a<br />
number <strong>of</strong> minor changes to the Amendment presented at the public meeting are proposed.<br />
A table identifying and summarizing the submissions made by the public is attached to this report<br />
as Appendix A. The table also includes our response to these submissions. Both the original<br />
written submission and our written response to that submission are attached as Appendices to<br />
the recommended Official Plan Amendment.<br />
A brief description <strong>of</strong> the changes that were made to the Amendment following the public meeting<br />
is described below.<br />
1. The Amendment will be known as <strong>OPA</strong> # 17 (the Oro Moraine/Aggregate <strong>OPA</strong> will be<br />
known as <strong>OPA</strong> # 16).<br />
2. Subsection d) <strong>of</strong> the policy on Home Industries is amended by adding the words “dust<br />
and odour” after noise.<br />
3. The policy on Home Industries is also amended by adding the words “and the function <strong>of</strong><br />
adjacent roads” to the end <strong>of</strong> e).<br />
Page 1<br />
113 Collier Street, Barrie, Ontario L4M 1H2<br />
Phone: (705) 737-4512 Fax: (705) 737-5078
4. The General Criteria for considering new lots by consent in Section H2.2.1 is modified by<br />
adding in a new subsection j) which states “will conform to Section 51(24) <strong>of</strong> the Planning<br />
Act, as amended”.<br />
5. The policy on boundary adjustments in Section H2.2.2 is amended by deleting the words<br />
“correcting conveyances, enlarging existing lots or through acquisition by a public body.”<br />
and replacing those words by “modifying lot boundaries.”<br />
6. Section D2.3.2.1 is modified by adding the word “retirement” to the title and “retiring” in<br />
the body <strong>of</strong> the policy dealing with lots for retiring bona fide farmers.<br />
7. Section D2.3.2.2 is modified by adding in the words “in the agricultural designation” in the<br />
introductory section. This section is also modified by changing subsection b) from “an<br />
original Township lot upon” to “that existed on”. The intent <strong>of</strong> this change is allow for no<br />
more than one infilling lot from any 20 hectare parcel which existed on the date the Plan<br />
comes into effect in the Agricultural designation.<br />
8. Section 2.3.12, which deals with farm related tourism establishments is modified by<br />
adding the words “permanent” in the second sentences.<br />
9. Section D3.3.2, which deals with infilling lots in the Rural designation is modified by<br />
adding the words “in the Rural designation” in the first sentence. In addition, subsection<br />
a) is deleted and the word “that” in subsection b) is replaced with “than generally”. Lastly,<br />
subsection c) is modified by deleting the words “an original Township lot upon” and<br />
replacing those words with “a lot that existed on”. The intent <strong>of</strong> this policy is also to allow<br />
for the creation <strong>of</strong> no more than one infilling lot from any 20 hectare parcel <strong>of</strong> land that<br />
existed when the new Official Plan policies come into effect.<br />
10. Section D10.3.8 is substantially modified by deleting all <strong>of</strong> the text that was in the draft<br />
<strong>OPA</strong> that was presented to the public at the public meeting on June 24, 2003. Instead, it<br />
is proposed to delete the last sentence and replace that sentence with the following<br />
words. “Amendments to this Plan that have the effect <strong>of</strong> permitting additional residential<br />
development adjacent to the Shoreline designation will be discouraged. If such an<br />
application is submitted, the appropriateness <strong>of</strong> the immediate area for development from<br />
an environmental, servicing, character and traffic perspective shall be assessed. If major<br />
development is proposed, a detailed review <strong>of</strong> the entire shoreline area shall be carried<br />
out to determine if the proposed location is suitable and appropriate from a growth<br />
management perspective.”<br />
11. Section E4, which deals with the Edgar Special Policy Area, was proposed to be deleted<br />
as part <strong>of</strong> this Amendment presented on June 24, 2004. Instead, it is now proposed that<br />
the deletion <strong>of</strong> the Special Policy Area designation be dealt with separately in the context<br />
<strong>of</strong> a future <strong>OPA</strong>.<br />
12. The water taking section has been significantly modified to ensure that the policy will only<br />
come into effect once the courts have ruled that water taking is a use <strong>of</strong> land in<br />
accordance with the Planning Act. The policy will also state that if the courts rule that the<br />
use is a land use, a By-law review process shall be undertaken and all issues with<br />
respect to water taking shall be addressed at that time.<br />
Page 2<br />
113 Collier Street, Barrie, Ontario L4M 1H2<br />
Phone: (705) 737-4512 Fax: (705) 737-5078
13. Section H1.4.1 is to be clarified by including policies which would permit the creation <strong>of</strong><br />
new blocks <strong>of</strong> land that are accessed by other private lands or by easements or right-<strong>of</strong>ways<br />
over condominium blocks, provided there are agreements in place that provides for<br />
emergency access and which ensure the accesses are appropriately designed for their<br />
intended and future use.<br />
14. Section H9, which deals with Residential Care Facilities, has been substantially changed<br />
by:<br />
• Deleting any references to “24 hours” and “room and board” from sub-section ‘a’.<br />
• Deleting all <strong>of</strong> sub-section ‘b’.<br />
• Re-numbering ‘c’ to ‘b’ and deleting all words after ‘facilities’ in the first sentence.<br />
• Including a new ‘c’, which shall read as follows:<br />
c) Crisis care facilities, treatment centres, correctional residential care<br />
facilities and hostels for the homeless or transients are not to be<br />
permitted as <strong>of</strong> right in the implementing zoning by-law, and shall be<br />
subject to re-zoning. Such a zoning by-law amendment will be subject to<br />
an evaluation <strong>of</strong> the following criteria:<br />
i) the intensity <strong>of</strong> use relative to the area <strong>of</strong> the property;<br />
ii)<br />
iii)<br />
iv)<br />
the compatibility <strong>of</strong> the proposed use with surrounding land uses;<br />
the suitability <strong>of</strong> the location with respect to the needs <strong>of</strong> clients<br />
and availability <strong>of</strong> necessary services;<br />
the potential impact on existing community services;<br />
v) proximity to other residential care facilities; and,<br />
vi)<br />
size and type <strong>of</strong> dwelling as well as lot size.<br />
• Changing ‘shall be mandatory’ to ‘may be required in last sentence <strong>of</strong> subsection<br />
‘d’.<br />
• Deleting sub-section ‘e’.”<br />
15. Section D6 is modified by adding two new objectives to the Recreational designation<br />
which state:<br />
• ensure that new uses are properly planned and located and serviced<br />
with an appropriate supply <strong>of</strong> water and sewage services; and,<br />
Page 3<br />
113 Collier Street, Barrie, Ontario L4M 1H2<br />
Phone: (705) 737-4512 Fax: (705) 737-5078
• ensure that new recreational uses will not have an impact on the<br />
environmental, hydrogeological and agricultural resources <strong>of</strong> the<br />
Township.<br />
In addition accessory accommodation facilities have been added as a permitted use.<br />
RECOMMENDATION<br />
On the basis <strong>of</strong> the above, it is my opinion that the attached Amendment should be adopted by<br />
Council. Following its adoption, it will be provided to the <strong>County</strong> <strong>of</strong> <strong>Simcoe</strong> who will then circulate<br />
the Amendment to the appropriate agencies. It should be noted that the <strong>County</strong> has already<br />
reviewed the Amendment and has very few and minor concerns about the document, all <strong>of</strong> which<br />
I believe have been addressed.<br />
I look forward to speaking with Council about the Amendment on August 21, 2003.<br />
On the basis <strong>of</strong> the work completed to date and the assessment <strong>of</strong> the public comments, it is<br />
recommended that Council:<br />
• Receive this report; and,<br />
• Pass a By-law that will adopt Official Plan Amendment # 17.<br />
Yours truly,<br />
Nick McDonald, MCIP, RPP<br />
NM/jrw<br />
Encl - Table a<br />
Page 4<br />
113 Collier Street, Barrie, Ontario L4M 1H2<br />
Phone: (705) 737-4512 Fax: (705) 737-5078
# Writer Issue Response<br />
1 Fred Rumford<br />
May 29, 2003<br />
Lot 11, Con 12<br />
2 Jim Reisch<br />
June 2, 2003<br />
Baycrest Drive<br />
Lot Severance Policy<br />
Severances more desirable than subdivisions because<br />
larger lots, greater distances between do not<br />
compromise water table to same degree. Septic<br />
impacts lessened as well.<br />
Many rural lots not agriculturally suitable, but ideal for<br />
building. More building lots would increase tax rolls.<br />
Requests more liberal severance policy in rural areas.<br />
Home Occupation<br />
Issue <strong>of</strong> home for sale on corner <strong>of</strong> Penetanguishene<br />
Road. Prospective buyer is a lawn care business<br />
interested on condition <strong>of</strong> selling their own home. Their<br />
intent to build storage shed and willingness to<br />
challenge rulings in court shows inclination to<br />
circumvent restrictions. Potential $30,000 loss <strong>of</strong><br />
resale value hurts people who strive to make area a<br />
nice place to live.<br />
Reminds Township <strong>of</strong> previous OMB hearing rejecting<br />
a City <strong>of</strong> Barrie attempt to annex the Shanty Bay area.<br />
Rational was that area was rural and not “urban,” a<br />
decision fought hard for by ratepayer group attendance<br />
at hearing and lobbying at Queen’s Park. Ruling also<br />
stated that OMB would not grant relief in the future if<br />
the area developed heavily. Annexation would have<br />
cost Township 17% <strong>of</strong> its tax base. He passed that<br />
decision around at a previous public meeting on an<br />
application, which most <strong>of</strong> Council should remember.<br />
Consent policies will not be modified in any substantive<br />
way. New policies to be included to provide for creation<br />
<strong>of</strong> infilling lots in Rural designation subject to<br />
conditions. These policies should allow some<br />
severance activity in rural area. Township’s strong<br />
intent to direct most development to settlements.<br />
Home industries will no longer be permitted as <strong>of</strong> right<br />
in implementing Zoning By-law; rezoning required.<br />
Appears from letter that use is not a home occupation.<br />
Municipal By-law Enforcement should be called if this is<br />
the case. Generally, home occupations are to occur<br />
entirely within a dwelling, not in an out building.<br />
Requests amendment or elimination <strong>of</strong> home<br />
occupations in the Shanty Bay area to keep residential<br />
character. Should also be revised across Township to<br />
ensure similar unfair practices cannot occur.<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
Prepared by<br />
Page<br />
1
# Writer Issue Response<br />
3 Mary Rose, Mary M.<br />
Rose Consultants, Inc.<br />
(Dr. Tibor Harmathy)<br />
June 13, 2003<br />
Part Lot 13, Con 14<br />
4 Armstrong Harrison<br />
Associates<br />
(Cougar<br />
Hills<br />
Developments Ltd.)<br />
June 15, 2003<br />
Part Lot 1, Con 5 Oro<br />
5 Richard Haalboom, Q.C.<br />
(Christian Horizons)<br />
June 17, 2003<br />
Oro Moraine Boundary/Severance<br />
Further to letter <strong>of</strong> April 10, 2003. Understands curved<br />
area <strong>of</strong> moraine is difficult to administer, but inclusion<br />
<strong>of</strong> these lands is onerous and can be excluded while<br />
still providing a recognizable boundary. Owner wishes<br />
to sever an 0.8-acre lot which accommodates his<br />
personal residence. Currently owner does not want to<br />
undertake any extractive activities on site, but<br />
proposed OP designations would extinguish existing<br />
development rights.<br />
Requests Oro Moraine boundary be adjusted to<br />
exclude this site from policy area. Map attached.<br />
Property Specific/Estate Residential<br />
Unique circumstances surrounding site could allow<br />
lands to be placed as an Exception to Rural Policies.<br />
Many current uses significantly more intensive than<br />
small-scale Country Estate development. Country<br />
Estates in keeping with character <strong>of</strong> immediate area.<br />
Community facilities are readily available and site<br />
would support perhaps 10-12 lots.<br />
Request consideration for applications, which may be<br />
made in the near future, to develop site for small-scale<br />
country estate lots.<br />
Proposed Section H9 – Residential Care Facilities<br />
Appreciate recognition <strong>of</strong> group homes “permitted as <strong>of</strong><br />
right” in residential areas.<br />
Supervision in a group home may not always be 24--7.<br />
Not correct to cite tenants as “receiv[ing] both room<br />
and board.” Residents <strong>of</strong> a group home are not<br />
boarders, but have legal rights as tenants who live<br />
together as a common housekeeping unit.<br />
Current policies do not permit severances on subject<br />
property. Oro Moraine Enhancement Area designation<br />
would permit severances under Rural designation<br />
policies.<br />
Appears there is sufficient frontage, adjacent<br />
residential lots and original parcel size to provide an<br />
opportunity for creation <strong>of</strong> an infilling lot on property<br />
under proposed Rural lot creation policies.<br />
OP will continue to direct development to existing<br />
development nodes in Horseshoe Valley Corridor –<br />
confirmed by OMB in 1994. Every effort should be<br />
made to avoid continuous thread <strong>of</strong> development along<br />
Horseshoe Valley Road. Other permitted uses for<br />
Rural designation more compatible with rural areas<br />
than subdivisions.<br />
Number <strong>of</strong> changes proposed to reflect some concerns<br />
raised. All references to ’24 hours’ and ‘room and<br />
board’ deleted from Subsection A. Subsection B<br />
deleted. Renumber C to B and delete all words after<br />
‘facilities’ in the first sentence. Add new Subsection C<br />
which mentions the need for a Zoning By-law<br />
Amendment that addresses intensity <strong>of</strong> use relative to<br />
lot area; compatibility with surrounding land uses;<br />
suitability <strong>of</strong> locations with respect to service availability<br />
and client needs; potential impact on community<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
Prepared by<br />
Page<br />
2
# Writer Issue Response<br />
“Facility” has institutional connotations which is what<br />
Provincial policy is working towards: “deinstitutionalization.”<br />
Specific definitions to be implemented in ZBL: is this an<br />
indirect attempt to segregate group homes, contrary to<br />
Provincial policy and law?<br />
Who measures what performance standards? It is up to<br />
the owner to decide what kind <strong>of</strong> residential dwelling is<br />
used; what the minimum floor space is. The only<br />
determinant can be the general rules applicable to all<br />
residents such as by the Building Code. Registration <strong>of</strong><br />
homes may be required.<br />
Adequacy <strong>of</strong> supply depends on circumstances over<br />
time and is not determinable by a local <strong>of</strong>ficial or Bylaw.<br />
Who decides what is appropriate senior<br />
government funding, or adequate community services<br />
for clients?<br />
What is meant by proper siting? You cannot indirectly<br />
segregate what is not allowed directly. That continues<br />
to be my basic concern in these comments.<br />
Does not know how Site Plan Control has any<br />
connection to proper licensing, unless licensing is an<br />
attempt to segregate.<br />
Even though client is not against a limit (usually has<br />
fewer than 6 residents), does not know where authority<br />
for limits on number <strong>of</strong> residents.<br />
services; proximity to other care facilities; and size and<br />
type <strong>of</strong> dwelling. Change ‘shall be mandatory’ to ‘may<br />
be required’ in Subsection D. Subsection E deleted.<br />
Intent <strong>of</strong> Township is not to restrict Residential Care<br />
Facility Establishment in any single detached dwelling,<br />
but to ensure certain types <strong>of</strong> facilities from being<br />
established anywhere in Municipality without a proper<br />
planning process.<br />
Only unique performance standard is distance between<br />
facilities. Some municipalities have 1000 metre<br />
distance, which is one option Township is considering.<br />
Other performance standards relates to performance<br />
standards contained within Zoning By-law that apply to<br />
any residential use. To other residential uses, only<br />
unique standard would be for parking, where higher<br />
amounts could be required.<br />
Before residential care facility is permitted, Township<br />
would like to enter into Site Plan Agreement that deals<br />
with issues unique to the property (landscaping,<br />
parking). Site Plan Control is also used to regulate bed<br />
and breakfast establishments, home industries and<br />
other uses normally associated with a dwelling.<br />
Term ‘Residential Care Facilities’ chosen because it is<br />
used in many other municipalities and does not carry<br />
same connotations as “group home.” Appreciates<br />
concern and is open to suggestions on how to identify<br />
the use.<br />
Client is not against concept <strong>of</strong> Minimum Distance<br />
Separation since it prevents “ghettoization,” and group<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
Prepared by<br />
Page<br />
3
# Writer Issue Response<br />
homes appear to be in favour <strong>of</strong> this. Does not think<br />
there is any jurisdiction for municipality to rule on MDS.<br />
Objects to requirement <strong>of</strong> ZBL Amendment to permit<br />
group homes in Rural locations. Does not understand<br />
what is meant by Rural locations. ZBL cannot<br />
determine intensity <strong>of</strong> use relative to area <strong>of</strong> property to<br />
be any different than for any other person anywhere in<br />
Township. What is compatibility with surrounding land<br />
uses? Who determines compatibility? Is this another<br />
form <strong>of</strong> indirect discrimination?<br />
Legislating group homes out <strong>of</strong> one section <strong>of</strong> the<br />
municipality is discriminatory. Suitability is determined<br />
by caregiver and is not determinable by municipality,<br />
subject to MDS and other generally applicable<br />
requirements. Needs and service availability is<br />
determined by residents and caregivers, not<br />
municipality.<br />
Does not understand meaning <strong>of</strong> “potential impact on<br />
existing community services.” If size and type <strong>of</strong><br />
dwelling and lot are sufficient for a family home, client’s<br />
viewpoint is it is also sufficient for a group home and<br />
cannot be separately determined by a By-law.<br />
It appears Township is intending to use rules indirectly<br />
to segregate and discriminate what is not allowed to be<br />
done directly in accordance with statutory law<br />
(including Planning Act) and Provincial policy. Not<br />
attempting to be unduly critical <strong>of</strong> proposed<br />
amendments, but no group home should be<br />
encapsulated into a special zoning category separate<br />
from general residential uses. Perhaps not what is<br />
intended, but that is his impression at this time.<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
Prepared by<br />
Page<br />
4
# Writer Issue Response<br />
6 Ray Kelso<br />
(Reinders Southpark)<br />
June 18, 2003<br />
Part Lot 3, Range 2 Oro<br />
(Oro Glen Estates)<br />
7 Albert Schwartz<br />
(Schwartz and Company)<br />
June 18, 2003<br />
East Part Lots 19 & 20,<br />
Plan 51R-16339, Con 1<br />
Oro<br />
(Jelmak Management<br />
Services)<br />
Expansion <strong>of</strong> Shanty Bay Settlement Area<br />
Follow up to June 17, 2003 meeting. Is an ideal<br />
property for development for a number <strong>of</strong> reasons.<br />
Part B policies <strong>of</strong> OP should be amended as it relates<br />
to Settlement Areas and Servicing Strategies.<br />
Modification wanted in order for site to be considered.<br />
Recommend inclusion <strong>of</strong> site within Shanty Bay<br />
Settlement Area as good candidate site for residential<br />
development.<br />
Property Specific – Development Desired<br />
Would like to speak at June 24, 2003 meeting. Have<br />
several suggestions for property development.<br />
1. Limited large lot development on public roads<br />
across from existing shoreline development (letter<br />
attached suggesting 20 lots on Line 12 and 12 on<br />
Lakeshore Road, all 100’ x 400’) with land<br />
donated for a park with trails and parking;<br />
2. Golf course integrated with adult community<br />
lifestyle homes on large lots; and,<br />
3. Private/Public golf course with trails. Some land<br />
could be donated for a park.<br />
Lots and course would have little, no impact on<br />
agriculture. Distance from Barrie likelier to attract<br />
people interested in quieter Oro-Medonte lifestyle, not<br />
families. No increase in municipal services as all<br />
development proposed on public roads with other<br />
services (phone, cable, garbage) already in place. Lot<br />
size in character with existing Maplewood, Lakeshore,<br />
Line 14 homes. Close to public loading dock and<br />
parks. Golf course in keeping with small settlement<br />
amenities already in place (including convenience<br />
store).<br />
Township <strong>of</strong> opinion that no justification provided to<br />
support a change to Settlement Area expansion policy.<br />
If expansion was to be contemplated in the future, a<br />
Secondary Plan must be completed for entire<br />
settlement.<br />
No need to amend servicing policy at this time as<br />
Shanty Bay expansion policy will not change.<br />
Planning Advisory Committee does not support a policy<br />
that would permit new lots on public roads across from<br />
the Shoreline designation. In reviewing all requests <strong>of</strong><br />
property owners together, appear policies would<br />
provide for considerable additional development in<br />
shoreline area. The draft policy will not be carried<br />
forward into final <strong>OPA</strong>.<br />
Encouraged to review Section D6 to determine if his<br />
lands meet its criteria.<br />
Adult lifestyle communities in Rural designation<br />
recommended to be deleted. Occupancy and servicing<br />
issues can arise.<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
Prepared by<br />
Page<br />
5
# Writer Issue Response<br />
8 Tanya Pallopson<br />
(Rudy & Associates Ltd.)<br />
June 19, 2003<br />
Lot 5 Con 14<br />
(Jane Teskey)<br />
9 Betty Veitch<br />
June 20, 2003<br />
RR#1 Barrie<br />
10 (Jack) John Jermey<br />
June 23, 2003<br />
1012 Ridge Road<br />
RR#2 Hawkestone<br />
Property Specific Severances<br />
Propose severing 3 lots from the Teskey property for<br />
infill development. Surrounding land uses (all<br />
residential) on municipally maintained road, with the<br />
Teskey property currently encompassing 55 ha (138 a).<br />
Allowing only one infilling lot should be overlooked as<br />
good planning would fill in the empty lots along<br />
Townline with residential lots and not leaving two<br />
existing empty spaces fronting Townline.<br />
Home Industry<br />
Appreciated greatly the reply to May 28, 2003 letter.<br />
Interesting that Mr. Styles maintains to Andrea Leigh<br />
that building on lot adjacent to hers is for storing a<br />
motor home. Is most happy that consideration is to be<br />
given to impact on adjacent land uses by home<br />
industries, and that neighbours will be given notice<br />
prior to any such construction. Thank you.<br />
Severance Policy (New Lot Size)<br />
Have lived, farmed in Oro-Medonte for entire lives.<br />
Wish to build a house south <strong>of</strong> Ridge Road on less<br />
desirable agricultural land to build bungalow that is<br />
near family and friends. Site meets their needs and OP<br />
objectives to preserve good agricultural land.<br />
Township has arbitrarily designated their farm into two<br />
separately deeded, 50 acre lots. This does not comply<br />
with OP, where D2.3.3d states proposed lot should<br />
generally be not larger than one hectare. The split <strong>of</strong><br />
their property by Ridge Road requires building lot to be<br />
50 acres in size rather than the one hectare. Not the<br />
same for other bona fide farmers.<br />
OP oversight results in unique circumstance for this<br />
property. Roadway stipulation forcing the 50 acre<br />
Lot creation in Agricultural designation not proposed to<br />
be amended, except for infilling policies to remove date<br />
restriction and original lot size. Policies <strong>of</strong> Provincial<br />
Policy Statement and <strong>County</strong> Official Plan further<br />
restricts severance in prime agricultural land.<br />
Severance could be allowed if lands were designated<br />
Rural, but no justification provided to support change.<br />
Confirmed at July 15, 2003 meeting <strong>of</strong> Planning<br />
Advisory Committee that more restrictive policies on<br />
home industries needed, requiring new home industries<br />
to undertake a rezoning process to be permitted. All<br />
matters relating to proposed industry then must be<br />
considered in an open public forum.<br />
While Planning Advisory Committee is very<br />
sympathetic to request, concerns exist over amending<br />
policies to permit additional lot creation in<br />
circumstances like this one. Policy requiring retained<br />
lot to be at least 36 hectares in size is intended to<br />
ensure new residential development is largely directed<br />
to settlement areas. Owner has ability to apply for an<br />
Official Plan Amendment to enable Council to consider<br />
request on a site specific basis.<br />
Situation may not be that unique in Township. A<br />
number <strong>of</strong> highways, roads, utility corridors and rail<br />
lines bisect Township.<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
Prepared by<br />
Page<br />
6
# Writer Issue Response<br />
severance is contrary to OP intent. Do not want a<br />
severance creating a third lot, but that protection <strong>of</strong><br />
agricultural land supercede the arbitrary severance by<br />
the roadway.<br />
Understand that options are to appear before<br />
Committee <strong>of</strong> Adjustment to treat this as a special<br />
circumstance, or to rectify during five-year review. Ask<br />
that their age and circumstances be considered in<br />
length <strong>of</strong> time to decide.<br />
11 <strong>Simcoe</strong> <strong>County</strong> Respite<br />
Home<br />
June 24, 2003<br />
12 Barry Peyton<br />
(Provista Group Inc.)<br />
June 24, 2003<br />
(Eric Bowes and Dawn<br />
Braden)<br />
13 Ralph and Wendy Hough<br />
June 24, 2003<br />
4965 Line 11 North<br />
Document brief on benefits <strong>of</strong> Respite Homes and the<br />
need for a care facility in <strong>Simcoe</strong> <strong>County</strong>. Outline<br />
benefits and general specifications for their proposed<br />
Rural property including building size, general location<br />
(15 minutes from major services), facility operation.<br />
Home Industries<br />
Written account <strong>of</strong> June 24, 2003 presentation. With<br />
recent OMB decision recognizing their Pallets North<br />
property has a Home Industry, how (or if) will proposed<br />
<strong>OPA</strong> affect their business, now recognized as a home<br />
industry? Also ask that site be exempted from any<br />
restrictive provisions in amendments. Present Minutes<br />
<strong>of</strong> Settlement and their confidential nature may lead to<br />
incorrect inference by future purchasers that proposed<br />
amendments apply to these lands.<br />
If no exemption possible, request pallet recycling by<br />
recognized as a home industry as per Settlement.<br />
Severance Policies<br />
Not in best interest <strong>of</strong> Township or residents to<br />
maintain freeze on Rural severance while permitting<br />
severances in other areas (Shoreline Residential).<br />
Large subdivisions should not occur in overdeveloped<br />
areas, as experienced in Cumberland Beach. We may<br />
Respite home to be added as permitted use wherever<br />
a residential care facility is permitted.<br />
Official Plan should be much more restrictive with<br />
respect to home industries. This direction results from<br />
establishment <strong>of</strong> uses considered by landowners to be<br />
home industries, which do not meet intent <strong>of</strong> OP or<br />
Zoning By-law. Pallets North business is such a<br />
business, which is why Township is proceeding to<br />
Ontario Municipal Board regarding the property.<br />
Township considers this an illegal use <strong>of</strong> the property<br />
and it will continue to be illegal with adoption <strong>of</strong> new<br />
Official Plan and implementing Zoning By-law. Unless<br />
OMB decides in the interim that the use is permitted,<br />
would not be recommended to Council to recognize<br />
this situation in Official Plan<br />
Lot creation policies as they apply to rural areas would<br />
not be changed, but infilling lot creation policy is<br />
proposed for Rural designation. Basis <strong>of</strong> OP adoption<br />
in 1995 was to restrict rural development to protect<br />
rural character <strong>of</strong> the Township. Shoreline and<br />
Settlement Area lot creation opportunities are very<br />
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not be so lucky to receive Federal and Provincial<br />
funding when the same happens on our lakeshore.<br />
limited.<br />
14 Kris Menzies<br />
(PK Menzies Planning)<br />
June 26, 2003<br />
15 Kris Menzies<br />
(PK Menzies Planning)<br />
June 27, 2003<br />
(Horseshoe Resort)<br />
Well thought out rural severances on marginal lands<br />
not farmed in years (which we know where they are)<br />
better than throwing open Township to severances or<br />
compacting many septic systems near communal water<br />
sources. Contradictory to protect water quality and<br />
environment by permitting septic systems in highly<br />
developed areas, but not in spread out rural areas.<br />
Mayor Craig is the only Council member not living on a<br />
severed lot. Without severances, we wouldn’t be here.<br />
Lot Boundary Adjustment (H2.2.2)<br />
Representing a client preparing to apply for a Boundary<br />
Adjustment. Requesting clarification or written<br />
confirmation from Township: if one lot is to be made<br />
larger, the lot which the land is being conveyed from to<br />
make to receiving lot larger is acknowledged to be<br />
smaller AND notwithstanding that one lot will be<br />
smaller, the boundary adjustment will still be given<br />
favourable consideration. Such occurs in every<br />
boundary adjustment application.<br />
Object to removal <strong>of</strong> uses (golf courses) from “Rural”<br />
designation (E2.2.4h)<br />
Resort does not believe taking <strong>of</strong> water is a land use.<br />
Required rezoning could affect current operation, in<br />
which permits have been issued, should Council not<br />
approve or renew applications to take water.<br />
Intent <strong>of</strong> this policy has always been to accommodate<br />
adjustments with one lot becoming larger and the other<br />
smaller (as would typically happen in consideration <strong>of</strong> a<br />
Boundary Adjustment Application). Does not see need<br />
to amend policy since this rationale provides<br />
Committee <strong>of</strong> Adjustment with ability to consider all<br />
Boundary Adjustment Applications.<br />
Appropriate to remove to ensure consistent policy on<br />
golf courses across Township. Amendment to permit<br />
golf course in rural area would be in keeping with<br />
Section D8 and proposed Oro Moraine policies.<br />
Policy will be substantially modified before presentation<br />
to Council to indicate policy is dependent on courts<br />
determining water taking is a land use under Planning<br />
Act. If water taking becomes a land use, policy will<br />
require comprehensive review <strong>of</strong> issues to support a<br />
Zoning By-law amendment. Issues on controls and<br />
permissions would be determined at that time.<br />
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Request amendment to permit lot development by<br />
Resort on private roads. Configuration <strong>of</strong> Resort and<br />
Condominium Act encourage condo roads to access<br />
interior lots. Resort wishes to develop lands fronting<br />
existing and proposed expansion <strong>of</strong> driveway. Some<br />
Resort parcels front a private road; no issues thus far.<br />
Appropriate development policies should remain in<br />
place to develop an Adult Lifestyle Community. Most<br />
landholdings proposed on site are still owned by Resort<br />
and is their intent to develop such a community.<br />
Sees no issue with permitting development in this<br />
manner on site, provided appropriate agreements<br />
ensure emergency access guaranteed to any block<br />
without any problems. Road design will have to<br />
conform with relevant municipal emergency access<br />
specifications. Section dealing with private roads to be<br />
clarified to ensure clarity <strong>of</strong> Municipal intent.<br />
Intent <strong>of</strong> deletion is to remove principle <strong>of</strong> establishing<br />
communities in Rural designation. Future proposed<br />
communities would require an Official Plan<br />
Amendment. Wide range <strong>of</strong> building forms,<br />
development permitted within Horseshoe Valley node.<br />
16 Tanya Pallopson<br />
(Rudy & Associates Ltd)<br />
July 4, 2003<br />
NW Part Lot 26, Con 3<br />
(Mark Rodgers)<br />
No comment on schedules as they are unavailable.<br />
Would like to discuss concerns in detail with staff.<br />
Request notice <strong>of</strong> any additional changes to OP<br />
Sections subject to June 24 meeting.<br />
Property Specific (Severance Options)<br />
Having interesting experience with Township in<br />
obtaining severance.<br />
Originally met with Andrea Leigh in December 2000 to<br />
discuss severance options. Was told it would be best<br />
to wait until review <strong>of</strong> Shanty Bay settlement area<br />
expansion to lobby to include subject lands in study.<br />
As <strong>of</strong> May 31, 2001, informed review would go to<br />
Council June 13, 2001 but would be put on hold until<br />
February 2002 and should wait until then.<br />
After waiting, made deputation to Planning Committee<br />
with request for inclusion October 10, 2002. Submitted<br />
a requested nitrate concentration report on March 10,<br />
2003. Understood that completion would warrant<br />
consideration for expansion area.<br />
At present, no justification for expanding Shanty Bay<br />
settlement area. It would be premature to consider any<br />
expansion without a comprehensive Secondary Plan<br />
for the entire community that would be very much<br />
dependent on justification provided to develop<br />
additional residences.<br />
On process, has always been Mr. McDonald’s<br />
understanding that this review was on general policy<br />
issues, not site specific requests, and Council has<br />
ultimately decided this. If strong feelings exist about<br />
the development proposed on client’s lands, an Official<br />
Plan Amendment application may be filed for<br />
consideration <strong>of</strong> Council. Application would have to<br />
contain appropriate justification and address all existing<br />
policies dealing with Shanty Bay.<br />
TABLE A: PUBLIC COMMENTS ON OP REVIEW<br />
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# Writer Issue Response<br />
Received letter from Meridian March 14, 2003 stating<br />
request would be reviewed for Planning Advisory<br />
Committee in April or May 2003. On May 26, 2003,<br />
another letter received that on May 8, 2002, Council<br />
clearly indicated OP review was not to change sitespecific<br />
requests. Several others made comments on<br />
misinformation at June 24, 2003 meeting.<br />
Two years <strong>of</strong> waiting for “appropriate time” and<br />
provided requested information. Too much time<br />
wasted because Andrea Leigh and Meridian Planning<br />
Consultants had different notions <strong>of</strong> what OP Review<br />
entailed. Want complaint noted with Mayor and<br />
Council, proposal to remedy this situation and for<br />
subject property to be considered for inclusion in<br />
Shanty Bay settlement area.<br />
17 Ian Rowe<br />
(Burgar Rowe LLP)<br />
July 7, 2003<br />
(Ontario Realty<br />
Corporation)<br />
18 Ray Duhamel<br />
(Jones Consulting Group)<br />
June 24, 2003<br />
(Jules Goossens)<br />
<strong>OPA</strong> #5: Edgar Centre SPA<br />
OP Review proposes severe restriction <strong>of</strong> development<br />
potential for subject property. Objectives, uses and<br />
development policies <strong>of</strong> <strong>OPA</strong> #5 remain appropriate for<br />
future development <strong>of</strong> site. Object to any <strong>OPA</strong> more<br />
restrictive than policies pursuant to <strong>OPA</strong> #5 and any<br />
ZBL implementing such <strong>OPA</strong>.<br />
Request Notice <strong>of</strong> Plan Adoption and dialogue initiated<br />
to discuss concerns before and action is taken.<br />
Property Specific (Shoreline Designation Expansion)<br />
Site is designated rural, immediately outside <strong>of</strong><br />
Shoreline designation. Surrounded to the north, west<br />
and south by existing rural residential and shoreline<br />
residential properties. Understand that considerable<br />
planning justification and many applications are needed<br />
to expand Shoreline area.<br />
Support policies permitting minor Shoreline expansion<br />
without OP Amendment if certain criteria are met. If<br />
Noted.<br />
Planning Advisory Committee does not support a policy<br />
that would permit new lots on public roads across from<br />
the Shoreline designation. In reviewing all requests <strong>of</strong><br />
property owners together, appear policies would<br />
provide for considerable additional development in<br />
shoreline area. The draft policy will not be carried<br />
forward into final <strong>OPA</strong>.<br />
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this is not agreeable, request less intensive reviews<br />
and justification as what would otherwise be required.<br />
Request Notice <strong>of</strong> any draft policies affecting Rural and<br />
Shoreline designations, further meetings and adoption.<br />
19 Bengt Schumacher<br />
June 30, 2003<br />
RR#2 Oro Station<br />
20 Don Haney<br />
(Burl’s Creek Family<br />
Event Park)<br />
July 4, 2003<br />
Shoreline designation development<br />
Very much in favour <strong>of</strong> limited development on existing<br />
public roads across from existing Shoreline designation<br />
development. Limitations proposed strike a good<br />
balance for Township.<br />
Water Taking<br />
Agrees with general intent <strong>of</strong> these amendments, but<br />
would be wise to wait for province to settle current<br />
disputes. Unclear as to if water taking is a land use.<br />
Tourism<br />
Supports <strong>of</strong>ficial recognition <strong>of</strong> importance <strong>of</strong> tourism to<br />
future <strong>of</strong> the Township.<br />
Strong Objection to Several Proposed Amendments<br />
Document appears restrictive in developing a tax base.<br />
Businesses unable to handle additional fees and<br />
license issue was dealt with last year. Business<br />
owners are trimming budgets and Township leaders<br />
should follow this example by streamlining existing Bylaws<br />
and reducing staff operating costs.<br />
Taking <strong>of</strong> water is over-controlled. Strongly objects to<br />
any intrusion by proposed Section. Only 5-10% <strong>of</strong><br />
household water use is for human consumption. The<br />
rest is washing (dishes, clothes, cars), bathing and<br />
toilets. New homes should contain cisterns to collect<br />
water for non-potable uses.<br />
Draft policy on development across from Shoreline<br />
designation will not be carried forward. Policies, as<br />
drafted, would be contrary to intent <strong>of</strong> OP to limit<br />
additional development.<br />
Policy will be substantially modified before presentation<br />
to Council and indicate policy is dependent on courts<br />
determining water taking is a land use under Planning<br />
Act. If water taking becomes a land use, policy will<br />
require comprehensive review <strong>of</strong> issues to support a<br />
Zoning By-law amendment. Issues on controls and<br />
permissions would be determined at that time.<br />
Strategic objectives on tourism now added in Section<br />
A2.7 <strong>of</strong> the <strong>OPA</strong>.<br />
Amendment provides additional land use permissions<br />
in certain designations, plus opportunities for rural<br />
severances. Most growth continued to be aimed at<br />
settlement areas.<br />
Water taking policy will be substantially modified before<br />
presentation to Council and indicate policy is<br />
dependent on courts determining water taking is a land<br />
use under Planning Act. If water taking becomes a<br />
land use, policy will require comprehensive review <strong>of</strong><br />
issues to support a Zoning By-law amendment. Issues<br />
on controls and permissions would be determined at<br />
that time.<br />
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21 Dino and Yula Sardelis<br />
July 8, 2003<br />
SW Corner <strong>of</strong> Bass Lake<br />
Road and Fourth Line<br />
22 Kris Menzies, PK<br />
Menzies Planning &<br />
Development<br />
(Horseshoe Resort)<br />
July 25, 2003<br />
Ludicrous to exclude senior citizen facilities. Fastest<br />
growing segment <strong>of</strong> society is the over-55 generation.<br />
Property Specific (Oro Moraine)<br />
Wish to record a site specific OP Amendment for site.<br />
1. Land scored 0-30 in Council defined<br />
environmental sensitivity range. Marginal lands<br />
are essentially a poor quality aggregate deposit.<br />
2. 70 acre size is not enough to sustain a full time<br />
agricultural operation. Verified at public meeting.<br />
3. Cannot extract gravel since trucking prohibited on<br />
road not designated haul route. They accept this.<br />
4. Parcel adjacent to Horseshoe Valley development<br />
and is a natural extension <strong>of</strong> it. Some Council and<br />
public deputations conceptually support strategic<br />
developments from Township revenue<br />
perspective, quality their property fits.<br />
5. Electric, Gas, Cable, Water services exist already<br />
and road system provides excellent access.<br />
Purchased site for residential development in mind.<br />
Don’t want to fund technical study without some<br />
indication that serious consideration <strong>of</strong> subdivision<br />
would be given. Ask for indication that we should move<br />
forward in support <strong>of</strong> potential residents and improved<br />
tax base and their severance application would garner<br />
fair review.<br />
Private Roads (on Resort Lands)<br />
Resort Comprehensive Development Plan now being<br />
processed prefers internal, “non-public” roads.<br />
Frontage onto <strong>County</strong> Road likely to be safety hazard<br />
with undesirable lots. Internal road design is hoped to<br />
be compact and may not been Township design<br />
requirements, while maintenance demands by resort<br />
may not be amendable to the Township.<br />
Senior citizen facilities permitted within a settlement<br />
provided it can be appropriately serviced.<br />
Creation <strong>of</strong> new lots in proposed Oro Moraine<br />
Enhancement Area (<strong>OPA</strong> designation <strong>of</strong> property) to be<br />
guided by Rural designation policies. These policies,<br />
as amended, will not permit a severance on the lands.<br />
Intent is to direct most residential development to<br />
settlements and maintain rural area as primarily open<br />
space. Number <strong>of</strong> policies to protect rural character,<br />
deemed by many in Township as a main contributor to<br />
their quality <strong>of</strong> life.<br />
See ID#15<br />
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Predetermination <strong>of</strong> roads on site needed to approve<br />
Common Element Condominium. Emergency Access<br />
needs can be met through easement and review under<br />
any future applications. Existing timeshare and hotel<br />
facilities currently front private driveway.<br />
Ask Township to provide Resort with policy means to<br />
implement their Plan on private roads. Would be<br />
pleased to discuss in more detail.<br />
23 Tannis Hamilton<br />
5628 8 th Line North<br />
Box 148<br />
Moonstone<br />
July 9, 2003<br />
Settlement Area Boundaries (Moonstone)<br />
Asks Council to consider including her lands within Lot<br />
16, Concession 8 within Moonstone Settlement Area.<br />
<strong>County</strong> and Township Official Plans require justification<br />
that additional lands are required for development, and<br />
that technical studies indicate development is feasible<br />
on lands. No justification provided, therefore Township<br />
not in position to favourably consider request.<br />
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