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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 />

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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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