HELD IN THE ADMINISTRATION OFFICE, 1024 HURLWOOD … Planning...Planning Report No. P13-022, 03/11/13, with respect to a Zoning By-law Amendment – 3078 New Brailey Line. Planning

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MINUTES OF THE MEETING OF THE PLANNING & DEVELOPMENT COMMITTEE HELD IN THE ADMINISTRATION OFFICE, 1024 HURLWOOD LANE, THURSDAY, MARCH 21, 2013 AT 7:00 P.M. PRESENT: Chair Jane Dunlop Members Mike Burkett Ian Crichton Rob Ferguson Ron Stevens Mark Taylor ABSENT: Member Judith Cox STAFF: Deputy Clerk Sharon Goerke Chief Administrative Henry Sander Officer ALSO PRESENT: Acting Planner Gregory Corbett CALL TO ORDER Chair Dunlop called the meeting to order. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF

“NIL” PUBLIC MEETINGS Public Meeting with respect to an Application for a Zoning By-law Amendment & Plan of Subdivision – 1959 Peninsula Point Road (see attached notes). MOTION PD032113-01: Moved by Member Ferguson and seconded by Member

Stevens that comments received with respect to a Proposed Plan of Subdivision and Zoning By-law Amendment for 1959 Peninsula Point Road be received;

AND FURTHER THAT the Committee direct staff to review comments received from tonight’s meeting and report to the Committee for further review.

CARRIED

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March 21, 2013 Public Meeting with respect to an Application for a Zoning By-law Amendment – 3078 New Brailey Line (see attached notes). MOTION PD032113-02: Moved by Member Burkett and seconded by Member Taylor

that an Application for a Zoning By-law Amendment for 3078 New Brailey Line be approved;

AND FURTHER THAT the Deputy Clerk be directed to prepare a Draft Zoning By-law for consideration of Council.

CARRIED Public Meeting with respect to an Application for a Zoning By-law Amendment – 1449 & 1551 Upper Big Chute Road (see attached notes). MOTION PD032113-03: Moved by Member Crichton and seconded by Member

Burkett that an Application for a Zoning By-law Amendment for 1449 & 1551 Upper Big Chute Road be approved;

AND FURTHER THAT the Deputy Clerk be directed to prepare a Draft Zoning By-law for consideration of Council.

CARRIED Public Meeting with respect to an Application for a Zoning By-law Amendment – 1300 Torpitt Road (see attached notes). MOTION PD032113-04: Moved by Member Stevens and seconded by Member

Ferguson that an Application for a Zoning By-law Amendment for 1300 Torpitt Road be approved;

AND FURTHER THAT the Deputy Clerk be directed to prepare a Draft Zoning By-law for consideration of Council provided all conditions of the Provisional Consent have been met.

CARRIED DELEGATIONS

“NIL” REPORTS FROM OFFICIALS (for information) Building Report for the Month of February 2013. By-law Enforcement Report for the Month of February 2013.

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March 21, 2013

Society for the Prevention of Cruelty to Animals – Statement of Pound Services for the Month of February 2013. Planning Report No. P13-023, 03/11/13, with respect to a Plan of Subdivision & Zoning By-law Amendment – 1959 Peninsula Point Road. Planning Report No. P13-022, 03/11/13, with respect to a Zoning By-law Amendment – 3078 New Brailey Line. Planning Report No. P13-020, 03/11/13, with respect to a Zoning By-law Amendment – 1449 & 1551 Upper Big Chute Road. Planning Report No. P13-021, 03/11/13, with respect to a Zoning By-law Amendment – 1300 Torpitt Road. MOTION PD032113-05: Moved by Member Ferguson and seconded by Member

Stevens that the following Reports from Officials be received as information: (a) Building Report for the month of February 2013; (b) By-law Enforcement Report for the month of February

2013; (c) Society for the Prevention of Cruelty to Animals –

Statement of Pound Services for the month of February 2013;

(d) Planning Report No. P13-023, 03/11/13, with respect to a Draft Plan of Subdivision for 1959 Peninsula Point Road;

(e) Planning Report No. P13-022, 03/11/13, with respect to a Zoning By-law Amendment for 3078 New Brailey Line;

(f) Planning Report No. P13-020, 03/11/13, with respect to a Zoning By-law Amendment for 1449 & 1551 Upper Big Chute Road; and

(g) Planning Report No. P13-021, 03/11/13, with respect to a Zoning By-law Amendment for 1300 Torpitt Road.

CARRIED REPORTS FROM OFFICIALS (for direction) Planning Report No. P13-025, 03/20/13, with respect to a Civic Address Change – 3682 Telford Line (Rimkey Subdivision).

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MOTION PD032113-06: Moved by Member Burkett and seconded by Member Taylor that Planning Report No. P13-025, dated March 20, 2013, with respect to Civic Address Change Request – 3682 Telford Line be received;

AND FURTHER THAT staff be directed to advise Mr. Richard Rimkey that the Township of Severn has no objection to the request to change the civic address of his property located at 3682 Telford Line to an address on Rimkey Crescent upon registration of the Rimkey Subdivision.

CARRIED CORRESPONDENCE (for information) Forest Glen Zoning By-law Amendment – 1959 Peninsula Point Road.

(a) Sewage System – 02/25/13 (b) Building Code Enforcement – 03/01/13 (c) Richard Reed & Heather Mills – 03/02/13

MOTION PD032113-07: Moved by Member Ferguson and seconded by Member

Stevens that the following correspondence with respect to 1959 Peninsula Point Road be received as information: (a) Township Septic Inspector, 02/25/13, with respect to

the septic system; (b) Chief Building Official, 03/01/13, with respect to Building

Code Enforcement; and (c) Richard Reed & Heather Mills, 03/02/13, with respect to

the Proposed Plan of Subdivision. CARRIED

CORRESPONDENCE (for direction)

“NIL” UNLISTED ADDITIONS

“NIL” CONFIDENTIAL AGENDA Reports from Officials

“NIL”

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March 21, 2013 Correspondence

“NIL”

ADJOURNMENT – 8:30 p.m. MOTION PD032113-08: Moved by Member Taylor and seconded by Member Burkett

that this meeting be and it is hereby now adjourned. CARRIED Jane Dunlop Sharon R. Goerke Chair Deputy Clerk

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NOTES OF PUBLIC MEETINGS HELD IN THE COUNCIL CHAMBERS OF THE ADMINISTRATION OFFICE, 1024 HURLWOOD LANE, ON THURSDAY, MARCH 21, 2013 AT 7:00 P.M.

PRESENT: Chair Jane Dunlop Members Mike Burkett Ian Crichton Rob Ferguson Ron Stevens Mark Taylor ABSENT: Member Judith Cox ALSO PRESENT: Deputy Clerk Sharon Goerke Chief Administrative Officer Henry Sander Acting Planner Greg Corbett Chair Dunlop advised those in attendance that there are four public meetings called this evening in accordance with the Planning Act with respect to proposed developments within the municipality. The Chair advised that the purpose of public and information meetings are to inform and provide the public with an opportunity to ask questions or express views with respect to development proposals. In accordance with By-law No. 2007-153, members of the Planning & Development Committee are here to observe and listen to comments. The Chair advised that the format of the public meetings will be as follows:

1. The Acting Planner will generally explain the purpose and details of the application;

2. Next, the applicant will present any further relevant information; 3. Next, the public will be permitted to ask questions and express views on the

proposal and then the public portion of the meeting will be closed; and 4. Next, members of the Committee will be given the opportunity to ask questions

for clarification on the proposal.

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March 21, 2013 The Chair advised that at the conclusion of the meeting the applicant, and if required Township staff, will be given the opportunity to respond to the questions and comments received. After the public meeting is concluded, this Committee will consider the application with due regard to the presentations and views expressed this evening. The Committee will then do one of three things:

(1) recommend the application be approved by Township Council - at a future meeting, or

(2) deny the application, or (3) defer the application pending further reports from Township staff.

Chair Dunlop advised that if Township Council decides in favour of the application by adopting this Committee’s recommendation, members of the public who have provided oral submissions or written objections but disagree with the decision may appeal the decision to the Ontario Municipal Board, as entitled under the Planning Act. If individuals wish further notification of this application, please record your name, address and telephone number on the appropriate list located at the rear of the Council Chambers. PUBLIC MEETING NO. 1 The Chair requested the Acting Planner to explain the intent and purpose of the Application for a Plan of Subdivision and Zoning By-law Amendment for 1959 Peninsula Point Road. Greg Corbett, Acting Planner, advised that the purpose of the Public Meeting is to introduce a redevelopment proposal, being an application for a subdivision on lands owned by Severn River Development Corporation described as Part of Lot 18, Concession 13, geographic Township of North Orillia, now in the Township of Severn, known municipally as 1959 Peninsula Point Road. The development proposal is to convert the existing resort to a common element condominium development with benefitting freehold “parcels of tied land” (POTL’s). The conversion of this tourist resort known as Forest Glen Family Villa Resort includes ten two-storey detached villas, one single detached building which includes a retail store, conference room and two one-bedroom units, one storage cabin and one garage which houses the water treatment system. The resort is serviced by a private septic system and water system. The proposed Zoning By-law Amendment would rezone the subject property from its current Tourist Commercial (C8-4) Zone to a site specific Shoreline Residential Two Exception (SR2-X) Zone to accommodate the existing setbacks and conversion of the property from a resort to private owned dwelling units.

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March 21, 2013 The Acting Planner advised that public notice of the information meeting was given on February 1, 2013 and the following correspondence has been received: Planning Report No. P13-023, 03/11/13 Background An application for a Zoning By-law Amendment and Draft Plan of Subdivision was received by the Township of Severn in April 2012. The lands subject to the application are described as Part of Lot 18, Concession 13, former geographic Township of Orillia, now in the Township of Severn, known municipally as 1959 Peninsula Point Road. (Appendix 1). The property has approximately 120 metres of frontage on Peninsula Point Road, 63 metres on Canning Road, and 78 metres of waterfront on the Severn River. The lot is irregular and is approximately 1.1 ha (2.7 acres). The application proposes to convert the existing Forest Glen Family Villa Resort to a residential and commercial common element condominium development with benefiting freehold “parcels of tied land (POTLs)”.The site currently operates as a seasonal commercial resort. Upon approval of a plan of subdivision for the development, the applicant will submit an application for approval of a common elements condominium plan which will overlay the subdivision. Each of the proposed dwelling units will be associated with a parcel of tied land (POTL) which will be individually owned. Each dwelling unit would also include one exclusive parking space and one dock space which would be considered parking POTLs and dock POTLs. The proposal consists of 12 POTLs which include ten two-storey detached villas; one detached multi use building which includes a retail store, conference room and two one-bedroom units, and one detached cabin. The remaining features on the site including a pool, boat launch, garage, servicing areas, and the landscaped areas will form part of the common elements held in common by the proposed Condominium Corporation. The Draft Plan of Subdivision is shown in Appendix 2. The resort is serviced by a private septic system and water system. Other than the limited expansion of the septic tile field and the addition of seven (7) parking spaces, there are no physical changes being proposed to the site. The proposed Zoning By-law Amendment will zone the property from the current Tourist Commercial Eight Exception (C8-4) Four Zone to a site specific Shoreline Residential Two Exception (SR2-Z) Zone to accommodate the existing setbacks, specific flood proofing (minimum opening elevations) and to accommodate the conversion from a resort property to privately owned residential units, as well as accommodate the existing commercial use in Unit 11.

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March 21, 2013 Reports The applications were submitted along with a Planning Report prepared by Morgan Planning & Development Inc., (March 2012), Functional Servicing Report prepared by Pearson-McCuaig (July 2011, revised March 2012, revised December 2012, revised February 2013), Archaeology Assessment prepared by AMICK Consultants Ltd. (Stage 1, dated March 2012 and Stage 2, dated April 2012), a Geotechnical Investigation prepared by Gospel (July 2011), and a report prepared by Environmental Solutions Ontario Inc. regarding the removal of a steel underground storage tank previously used to store gasoline. Pearson-McCuaig Engineering Ltd. prepared the original Functional Servicing Report which has since been revised several times to reflect ongoing peer review assessments undertaken by Ainley’s. The report assesses the water, sanitary, and storm water infrastructure to accommodate the conversion along with a Hazard Line & Flood Proofing Study and traffic review. Water for the proposed development is drawn from the Severn River and treated in a centralized water treatment system which was installed approximately 6 years ago consisting of ultraviolet treatment, micro filters, chlorination, monitoring, metres and storage tanks. The water system will require some upgrades in order to meet current regulations. Sanitary servicing will be upgraded to accommodate the proposed sanitary flow of 19,430 Litres per day. The project will also require Ministry of the Environment Environmental Compliance Approval (ECA) as the system exceeds the 10,000 Litres per day. The Functional servicing report proposes a 22,500 Litre septic tank as well as tertiary treatment through a Waterloo Bio filter System. In discussions with County staff, it was determined that this ECA for both sanitary and water systems could be obtained as a condition of draft plan approval. In terms of storm water management, no quantity control is required for the site given the existing controls on site including the grassed swale along the northern boundary of the site. A Hazard Line Study was completed and determined that units 7 thru 10 are within the Regulatory Flood Limit. Flood proofing measures were designed by Steinhoff Building Services Group and these have been peer reviewed by Ainley’s. Ainley’s noted in their comments in January 2013, that many of their previous comments in correspondence in August 2012 and September 2012 had been addressed. The owners have proposed to remove the door on units 8 and 9 as the side door lintel cannot be raised while

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March 21, 2013 maintaining the door opening. Ainley’s requested confirmation from the Township Building department on removing one of the two access points to the building. The Building Department has confirmed that this is not an issue. Any landings for the new doorways are to be submitted to the Building Department for approval. Ainley’s also indicated that the purchase and sale agreements for Units 7 thru 10 should indicate that the units are below the flood plan and have been waterproofed to the flood level, or notification on title in that regard. Ainley’s have also suggested that the Condominium Agreement should specify how the cost of maintenance of the waterproof system or responsibility for maintaining it is to be applied. The Transportation and Traffic assessment determined that there would be no significant increase in traffic due to the change in tenure. The Geotechnical Investigation was undertaken to test and analyze the subsurface soil and groundwater conditions. The results of which were used in the design of the proposed septic system. The Flood Proofing Assessment Report undertaken by Steinhoff Building Services Group determined that units 7 thru 10 all have opening elevations below the Regulatory Flood elevation (214.54m). Steinhoff has recommended that the entry door sill elevations be raised to an elevation of 214.54 m or greater and that the exterior of the units below elevation 214.54 m be waterproofed with a self-adhesive waterproofing membrane The Archaeological Stage 1 Assessment conducted by AMICK Consultants Limited determined the area to be impacted by the proposed expansion of the septic system be subject to a Stage 2 Archaeological Assessment consisting of test pit survey methodology. The Stage 2 Archaeological was completed in March 2012 and as a result of the physical assessment of the property, no archaeological resources were encountered. It was recommended that any portion of the study area which has not been subject to Stage 2 Physical Assessment be restricted from any ground altering activity through appropriate zoning, and if the land use for these areas change, a condition requiring a Stage 2 Archaeological Assessment be applied. Public Meeting Comments There has been one informal public information meeting held on February 21, 2013, at which time, representatives from Morgan Planning & Development Inc. and Pearson Engineering presented the proposal. Members of the public provided their comments and concerns relative to the applications. (Appendix 3)The statutory public meeting required by the Planning Act is being held on March 21, 2013.

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March 21, 2013 The following represents a general summary of the comments raised.

Encroachment on municipal lands

Access, safety issues, encroachment on TSW lands

Tenure of development

Zoning of the site, parking provisions

Settling of Units 8, 9,10

Pool discharge

Septic system, four bedroom units versus two, back up, life cycle

Flood proofing

Fuel Tanks

Docks In response to the concerns, the planning consultant has confirmed that they were not aware of the encroachment onto the municipal right-of-way but have suggested that fencing or buffering could be provided to provide privacy between the Forest Glen resort property and the adjacent residential development to the south. It was also suggested that the lighting could also be removed. Mr. Pearson in the meeting advised that the entrance to the property had been reviewed during the process. They anticipate that widening of the entrance will result in an improvement to the current conditions. The owner is also investigating the encroachment with the Trent Severn Waterway and may be required to enter into an encroachment agreement if the access is not shifted further south onto the 1959 Peninsula Point Road property. Mr. Pearson confirmed that the Ainley Group accepted the proposed entrance improvements and removal of sight line obstructions as being sufficient in view of the low traffic volumes along the adjacent road. The public was advised that there will be ten new owners and a condominium corporation will be responsible for the maintenance and operation of the site. There will be monthly fees to contribute to the maintenance and operation of the site. Owners may rent their units, however, the Condominium Corporation may enact their own by-laws to prevent prolonged rental of units. The current zoning of the site is Tourist Commercial (C8-4) and there will be a need to rezone the property to recognize the future shoreline residential uses. The planning consultant confirmed at the meeting that parking exceeds the requirements under the by-law and confirmed that each unit will have at least 2 parking spaces on site. Zoning By-law 2010-65 requires 2 parking spaces per residential unit (single, detached, duplex, semi-detached, townhouse). A total of 35 parking spaces are being provided on site, 22 of which are for the 11 single detached units, and 3 for the two apartment units, which leaves 10 spaces for the retail. The by-law requires 7 spaces for the 130 m2 that has been identified as the commercial retail space.

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March 21, 2013 The planning consultant indicated that a geotechnical study has been completed for the septic system and test holes studied for approval of the MOE. The units were constructed with engineered and approved fill at the time (2006). It may be of interest for the owner to confirm that the buildings are in fact structurally sound through a further assessment by Steenhof Building Services to confirm integrity of the structures. Ainleys had also suggested in their comments in August 2012 that a geotechnical investigation to determine the foundation conditions of the existing buildings be undertaken to recommend remedial measures should unsuitable soil extend below the existing building foundations. It has been confirmed that the new septic system will be built to accommodate the discharge of salt water from the swimming pool. The planner confirmed that an Environmental Compliance Approval is required from the Ministry of the Environment in order to proceed with the servicing of the proposed development. Mr. Pearson advised that there is spare capacity proposed in the septic system and a backup generator has not been considered at this time but it may be a requirement of the MOE. In discussions with the consultant, staff has been advised that the replacement cost of the sewage system, including the cost to decommission the existing system, replace with a Waterloo Bio filter and water upgrades would be in the range of $185,000. The Condominium Corporation will be responsible for the maintenance of the water and sewer systems. The MOE may require the Township to enter into a Responsibility Agreement to address issues should the system fail. Discussion focused on the life cycle of the new sewage system and the need for repairs and/or upgrades. A life cycle analysis has been prepared for both the sewage and the water system by Pearson Engineering. It is anticipated that the annual service, maintenance, and replacement costs for the water and sewer system will be in the range of $67,000. The fuel tanks have been removed as confirmed by correspondence submitted with the application from Environmental Solutions Ontario Inc. regarding the removal of a steel underground storage tank previously used to store gasoline. It was confirmed that there is no intention to seek additional docks, that the docks that are there now were installed by the owner with permits from the Trent Severn Waterway. Following the informal public information meeting, further correspondence was forwarded to Mayor Burkett from Morgan Planning & Development Inc. addressing the proposed sewage disposal system, the Township’s two zone flood concept and the purpose and effect of a Municipality Responsibility Agreement. (Appendix 4)

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March 21, 2013 The Planning Consultant has also provided a summary of the comments and concerns for the benefit of Council. (Appendix 5) An objection letter to the rezoning application has been received from Richard Reed and Heather Mills. Concerns expressed by the owners include the following:

Current encroachment on the Township property

Septic system over used

Rental brochure states 4 bedrooms

Salt pool drained into Severn River

Unit 12 rented as permanent residence

Removal of trees

Fire pit used during fire bans

Trespassing

Store too close to Peninsula Point Road

Neighbours state fuel tanks still in ground

Units 9 and 10 appear to be on unstable foundations

Entrance on TSW property

Large docks impeding river traffic

Information at information meeting was misleading

Owner lacks regard for rules and regulations Some of the concerns identified at the informal public information meeting have been addressed by the applicant’s planning consultant. The owners have agreed to remove the encroachment on the Township lands. It was stated the pool will be drained into the existing septic system. The fuel tanks have been removed as confirmed by correspondence submitted with the application from Environmental Solutions Ontario Inc. regarding the removal of a steel underground storage tank previously used to store gasoline. In addition, staff met with Jim Pinchin, a neighbouring property owner, who discussed several issues with respect to the development including the following:

Whether the Federal mail boxes will be removed from the property

The need for further landscaping at the waterfront as per Section 3.13.4 of the Township of Severn Zoning By-law

Boat launch-is it to remain or be moved

If fuel tanks were removed

If the convenience store is to remain

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March 21, 2013 In response to the questions raised by Mr. Pinchin, the owner has suggested that he may look to have the Federal mail boxes moved from the property but is still discussing the issue. The issue of additional landscaping was brought to the owner’s attention and it is an issue that could be addressed as a condition of draft plan approval. The owner has indicated that the boat launch to the north of the property will likely be removed, and the convenience store will likely remain on the property, however he recognizes the demand for the services of a convenience store may be limited and the retail use may not prove to be viable. Lastly confirmation has been provided by the owner that the fuel storage tanks have been removed from the site. Policy Assessment Provincial Policy Statement 2005 On March 1st, 2005, under the authority of Section 3 of the Planning Act, the Provincial Policy Statement came into effect. The Provincial Policy Statement provides direction on matters of provincial interest related to land use planning and development. Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act (Provincial Policy Statement, 2005). Section 1.1.4 Rural Areas in Municipalities states the following: 1.1.4.1 In rural areas located in municipalities: a) Permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses; The proposal, as submitted, generally meets the intent of the Provincial Policy Statement as the development would constitute limited residential development and would tie in with the resource-based and recreational activities in the area with the proximity to the Trent Severn Waterway. Section b) further states that development shall be appropriate to the infrastructure which is planned or available, and avoid the need for unjustified and or uneconomical expansion of this infrastructure; The proposal is appropriate for the water system which is proposed to be upgraded to meet current MOE regulations. Similarly the septic system is proposed to be upgraded to satisfy the treatment required for the units. The proposed private communal septic system and private communal water system would appear to satisfy the requirements of the PPS.

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March 21, 2013 In terms of Natural Hazards policy of the PPS, it states the following in Section 3.1.5: Where the two zone concept for flood plains is applied, development and site alteration may be permitted in the flood fringe, subject to appropriate floodproofing to the flooding hazard elevation or another flooding hazard standard approved by the Ministry of Natural Resources: The Township of Severn Zoning By-law 2010-65 applies a two zone flood concept and includes flood overlays. All buildings lie outside of the floodway and units 1 thru 10 are in the flood fringe. Units 7 thru 10 are below the regulatory flood elevation 214.54 and floodproofing measures are required for these units. Growth Plan for the Greater Golden Horseshoe Section 2.2.9 Rural Areas of the Growth Plan specifies the following: 3. New multiple lots and units for residential development will be direct to settlement areas, and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan, as of the effect date of this Plan. The current designation in the Township Official Plan would permit the development currently being proposed and a site-specific zoning has been applied for to facilitate the proposal. As such the proposal generally meets the intent of the Growth Plan. County of Simcoe Official Plan (2006) The subject property is currently designated Rural and Agricultural in the County of Simcoe Official Plan. Section 3.6.2 of the County of Simcoe Official Plan state the following: To provide in non-prime agricultural areas for rural uses such as resource activity, recreation and limited residential, subject to other policies of this plan including Section 3.6.8 while protecting the rural character and the viability of existing agricultural operations. The proposal would constitute limited residential uses and would generally meet the intent of the County of Simcoe Official Plan.

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March 21, 2013 The County Official Plan also specifies in Section 4.5.2.3 that development and site alteration may be permitted within the flood fringe of a river or stream system where flood depths and velocities would be less severe than those experienced in the floodway provided the hazards can be safely addressed and the development and site alteration is carried out in accordance with the established standards and procedures for flood fringe development. Units 7 thru 10 are proposed to be flood proofed which will essentially meet the intent of the Simcoe County Official Plan. Township of Severn Official Plan (2010) The subject property is designated Shoreline Residential in the Township of Severn Official Plan. Permitted uses in the Shoreline Residential designation include single detached dwellings, existing marinas, and small scale commercial uses such as convenience stores, public parks, bed and breakfast establishments and home occupations. The use as proposed is permitted within the Shoreline Residential designation subject to the site having the required servicing. A functional servicing study has been submitted indicating that an expansion of the existing tile field is recommended to service the development. Issues Moving Forward There are still issues that are required to be sorted out as the approval moves to the next stage of preparing draft conditions of approval. There is a requirement to investigate further the role of the municipality in entering a Responsibility Agreement. The MOE may require the municipality to enter into a Responsibility Agreement for the communal services. The Condominium Corporation will be responsible for the systems, including all maintenance, monitoring, replacement and reporting to the Ministry and the Municipality. If the Condominium Corporation fails to operate the systems in compliance with the MOE requirements, the Agreement requires the Municipality to step in to complete the necessary works. A municipality is not required to enter into this agreement however, should it chose not to, the MOE could still issue Certificates of Approval for the water and sewer systems notwithstanding that no Responsibility Agreement is in place. As a result, in the event of default on the part of the Developer, the MOE could issue an Order requiring the Township to assume responsibility for the systems without any of the benefits, including the posting of security, which would be enjoyed by the Township if a Responsibility Agreement had been in place. Therefore it is important the Municipality assess the requirements for entering into the agreement very carefully.

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March 21, 2013 Summary Based on the review provided the proposed draft plan of subdivision generally satisfies the Provincial policy documents including the PPS and Growth Plan with respect to development in the Township. The proposed development is consistent with the County of Simcoe Official Plan and generally meets the objectives and policies as set out in the Official Plan for the Township of Severn. The application is generally to permit the existing built development to be converted to a mix of freehold and condominium tenure while upgrading the water and sanitary septic systems. The change to a residential use may help alleviate some of the neighbours’ concerns with respect to the current resort operations. With the proposed upgrades to the water and sewage disposal systems and with the additional flood proofing measures proposed, the development would appear to be an improvement to the existing operation and would generally represent good planning. The use as proposed would appear to complement the shoreline residential uses in the area and would appear desirable for the appropriate use of the lands.

Attachments Appendix “1” – Key Map Appendix “2” – Draft Plan of Subdivision Appendix “3” – Minutes from the informal public information meeting held February 21, 2013 Appendix “4” – Letter to Mayor Burkett dated February 26, 2013 Appendix “ 5” – Response prepared by Morgan Planning & Development Inc. regarding Public meeting comments

Appendix “1”

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Appendix “2”

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Appendix “4”

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Appendix “4” continued

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Appendix “5”

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March 21, 2013 Septic Inspector, 02/25/13

The following is information regarding the sewage system at 1959 Peninsula Point Road – Forest Glen Resort. In 2005, Slavish/Steenhof completed an assessment of the proposed daily design flow of the entire property to allow several new buildings to be built on the property. The total design flow was 9755L (less than 10000L/day that would require MOE review). This was based on 7 one bedroom and 3 two bedroom cottages. At that time, a new septic bed was installed to serve 4 of the one bedroom cottages. The existing system was to serve the remaining buildings as per the design plan. I have not been in any of the buildings since they have been constructed and cannot verify if any of these buildings have been modified to add additional bedrooms. I have not received any complaints in the past about sewage system failure or over use on this property. A complaint regarding a travel trailer on the property was received by our By-law Department in 2010. The trailed was removed and the owner charged as the use did not meet the zoning restrictions. To date, I have not received any details on the proposed changes to the buildings or sewage system. I have attached the design flow from Slavish/Steenhof for the design of the sewage system as well as the building layouts that were submitted.

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March 21, 2013 Chief Building Official, 03/01/13

The following are building code enforcement actions that can be taken to gain compliance with the Building Code Act and the Ontario Building Code. The actions are listed in order of severity:

1. Order to Comply, B.C.A. sec. 12.(2) 2. Stop Work Order, B.C.A. sec. 14.(1) 3. Unsafe Order, B.C.A. sec. 15.9(4) 4. Order Prohibiting Occupancy, B.C.A. sec. 15.9(6) 5. Emergency Order, B.C.A. sec. 15.10(1) 6. Restraining Order, B.C.A. sec. 38(1)

Action does not necessarily have to follow the above listed orders. The facts and issues surrounding the particular situation will affect the order in which these actions are applied and how quickly the action is moved forward.

Richard Reed & Heather Mills, 03/02/13

The letter is to notify the Township of Severn, the County of Simcoe and the Severn River Development Corporation that Richard Reed and Heather Mills OPPOSE the rezoning application File No. SV-T-1201, 1959 Peninsula Point Road, Severn Township. We wish to be notified of the decision by the County of Simcoe and the Township of Severn in respect to this application File No. SV-T-1201 therefore giving us the right to appeal any decision to the Ontario Municipal Board. Our concerns are as follows:

Current encroachment of the Township property Pin #58603-0223.

Septic system that currently fails and is over used, not large enough.

Rental brochure states four bedrooms, up to 10 people, at the Township information meeting this was denied by Severn River Development.

Salt swimming pool is regularly drained into the Trent Severn River.

Unit 12 is stated to be a storage building, but has been rented out as a permanent residence for years.

Removal of trees without permission on this and Township property PIN #5803-0223.

Fire pit used during fire bans.

Due to no fence around the development, trespassing has occurred in the past.

Store appears to be too close to Peninsula Point Road.

Several neighbours state that there are still old fuel tanks buried in the ground, long after the pumps have been removed.

Units nine and ten appear to be on unstable foundations and are currently leaning.

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The current entrance is in the middle of a very confusing 3 way intersection of Peninsula Point Road and the entrance to Hamlet Bridge. This entrance is also on Trent Severn Waterway property and has plans to be expanded. This was built without Trent Severn Waterway’s knowledge.

Large docks impeding river traffic.

Information by the owner and Engineering Co. at the Township information meeting was misleading and evasive as noticed by many of the taxpayers.

Since this individual has acquired this property, it appears that he has no regard for rules and regulations and constantly does as he pleases.

Due to the fact of the poor past performance of the development owner, we feel that without proper bonding by the Township and County, the people who buy these units will unknowingly be left holding the financial burden to bring this development up to standard.

The Chair inquired if the applicant or his agent had any further comments on this application. Joshua Morgan, Morgan Planning & Development Inc., addressed the Committee on behalf of the applicant and provided additional comments (see Appendix “1”). The Chair inquired if there were any persons present who had either questions or comments on the application. The Chair requested that those providing comments on the application please rise, state their name and address and spell their last name for the minutes. The Chair also advised that the names and addresses of those individuals who speak at the meeting will appear in the meeting minutes which are public documents. James Pinchin, resident of 1786 Peninsula Point Road, addressed the Committee and provided additional comments (see Appendix “2”). David Brown, resident of 3184 Moynes Road, addressed the Committee and provided additional comments (see Appendix “3”). Bob Palanek, resident of 1960 Peninsula Point Road, addressed the Committee and requested clarification on the location of the new entrance to the property.

Joshua Morgan provided the new location on the mapping.

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March 21, 2013 Bob Palanek readdressed the Committee and expressed concerns with the traffic at the intersection to Peninsula Point Road. He advised that there is typically more than one car per household and there are 85 residents on this roadway. He advised that the new entrance to the property is not resolving the issues of traffic and now the increased use of this site with additional owners will cause more problems. Mr. Palanek also requested clarification on the provision of parking spots for the new residents.

Mr. Morgan advised that the Township’s Zoning By-law requires a minimum of 32 parking spaces for this site.

There are 2 spaces per unit which equals 22, 1.5 spaces for the mixed use building which now equals 25 and 7 additional spaces in the new location which now totals 32 and complies with the Zoning By-law.

Mr. Palanek, readdressed the Committee and inquired as to who will be responsible for the gas tanks which are located underground.

Mr. Morgan advised that the gas tanks have been removed and quoted the following submission from Environmental Solutions Ontario Inc.: On behalf of Forest Glen Resort, 1959 Peninsula Point Road, we hereby notify you that one steel underground storage tank, previously used to store gasoline and associated transfer lines were removed from the above property with no signs of impairment. The property is no longer a petroleum retail outlet.

Mr. Morgan advised that a copy of this correspondence is available from the Township Planning Department.

Mr. Palanek, readdressed the Committee and requested clarification on the new septic bed to be installed and if there is ample room for the new parking location.

Mr. Morgan advised that the septic bed will be expanded significantly for the property and there is sufficient area for the new parking spaces.

The location of the new septic system and the size of the current system was demonstrated on the mapping provided.

John Dyment, resident of 1719 Peninsula Point Road, addressed the Committee and inquired if the new septic system can be located over the old system.

As long as the soil from the old system is removed to a certain depth, a new septic system can be located in the same area.

The Ministry of the Environment will be monitoring the removal of soil to their specifications.

John Dyment, readdressed the Committee and inquired as to how the original building permits were issued for 1 or 2 bedroom units and now there are 4 bedrooms per unit. He requested clarification on how this use has advanced without monitoring.

Henry Sander, Chief Administrative Officer, responded that at the time of issuance of the building permits the development was inspected and complied with the specifications.

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March 21, 2013 Steve Gordon, resident of 1944 Peninsula Point Road, addressed the Committee and inquired as to why the residents were objecting to this application. He advised that it is only a change in use and that significant improvements will now be completed on this property. There are other businesses in the area suffering from the economy and this new condo proposal will only enhance the area with pride of ownership. The water and sewer systems are being upgraded, parking is being addressed and the entrance will be improved. This situation can only improve what is already there.

Mr. Morgan advised that the proposal is not increasing density and is a change in tenure only for the developer.

Mr. Palanek, readdressed the Committee and provided the following comments:

The businesses in the area are suffering due to pricing

The increase of density and the tile bed overflows need to be addressed

The condo owners will rent to additional tourists

When the units are sold and something fails, the Township will be responsible and liable for any repairs needed and who will pay for the necessary repairs?

The Chair inquired if there was any further information which staff or the applicant may wish to provide. There were no further comments from staff or the applicant. As there were no further comments, the Chair declared the public portion of this meeting closed at 7:50 p.m. The Chair inquired if members of the Committee had any comments or questions on this proposal. Member Ferguson addressed the Committee and stated the traffic counts provided in the presentation were from Muskoka and inquired if there were County statistics available.

There were no County traffic counts available and the County has peer reviewed the traffic study.

Member Ferguson inquired as to the access point for the new parking area and if there was sufficient area new the septic bed location.

There is ample room for access and the new parking area will not adversely affect the tile bed location.

Member Ferguson advised that neighbours have concerns over the encroachment on private lands which will need to be resolved prior to approval of this application. He also expressed concerns that perhaps this application is not in compliance with the Township’s Official Plan.

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March 21, 2013 Member Stevens advised that there have been a lot of comments received on this application which are taken very seriously. He advised that Township staff need to follow up on ensuring that this development is in compliance with the Township’s Official Plan. Member Burkett requested clarification on the flood proofing for this development.

This development is in compliance with the 2 zone flood concept contained in the Township of Severn’s Zoning By-law.

There are fringe and floodway boundaries to comply with. Development is not permitted in the floodway, but it is permitted in the fringe area. The units for this proposal are located in the fringe area of the flood mapping.

The developer is relying on the Township’s Zoning By-law and mapping from the Ministry of Natural Resources for flood locations.

Member Burkett inquired if the new septic system will be adequate to service the 4 bedroom units.

The septic bed calculations are based on the size and number of bedrooms for each unit under MOE guidelines which are adequate for this proposal.

The developer is using three bedrooms per unit for the calculations and the additional mixed use building has also been included.

The 40 count referred to in the material provided is the amount for water services.

Member Burkett inquired if Mr. Morgan felt that this was good planning for the Township.

Mr. Morgan advised that he definitely felt this was good planning and that this proposal was in conformity with all policy statements. This proposal will be an improvement for the community.

In order to ensure that there are only 3 bedrooms per unit, an interior wall will be removed prior to completion of this project.

Member Dunlop inquired if the septic bed was located near the flood plain area and expressed concern with the removal of one entrance to each unit for emergencies.

The septic bed is well above grade from the flood plain area and will not be adversely affected.

The Fire Chief and the Chief Building Official have reviewed the proposal to remove one entrance which has been approved.

Member Ferguson advised that he has concerns with the confusion over 1, 2, 3 or 4 bedrooms for each unit.

An interior wall will now be removed to ensure 3 bedroom units.

The application is improving and grandfathering in the current use of the units.

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Member Taylor advised that the two public meetings were held within a month and that additional information will be required before this application can move forward, such as the Responsibility Agreement and securities for the Township. Member Burkett advised that there have been lots of comments from the residents who are upset with this proposal. The trust between the Township, residents and the developer has been broken. There were permits taken out for 1 or 2 bedroom units which are now advertised as 4 bedroom units. This leads to skeptical comments from Council and the residents.

The approval process is quite comprehensive through development agreements, zoning, certificates of approval, etc. which provides plenty of opportunities for comments and amendments to the application.

This proposal only benefits the area with a new septic system, additional parking, access safety and removal of the encroachment.

Member Ferguson advised that the residents on Haertel Lane have private access issues which need to be addressed and the area should be returned to its original condition. (see Resolution No. PD032113-01) PUBLIC MEETING NO. 2 The Chair requested the Acting Planner to explain the intent and purpose of the Application for a Zoning By-law Amendment for 3078 New Brailey Line. Greg Corbett, Acting Planner, advised that the purpose and effect of the proposed Zoning By-law Amendment is to amend Zoning By-law No. 2010-65 of the Township of Severn is to rezone property described as Part of the East Half of Lot 8, Concession 9, geographic Township of North Orillia, now in the Township of Severn, designated as Part 2, Plan 51R-25039, as follows:

1. To rezone property containing the existing residence at 3078 New Brailey Line from the Greenlands (GL) Zone to a site specific Greenlands Exception (GL-X) Zone in order to recognize the minimum lot frontage of 65 m (215 ft.) and a minimum lot area of 0.8 ha (1.97 acres); and

2. To rezone the balance of the property, being the severed lands under Application for Consent B-15-12, from the Greenlands (GL) Zone to a site specific Greenlands Exception (GL-X) Zone. The site specific (GL-X) Zone will recognize the minimum lot frontage of 87 m (285 ft.) and a minimum lot area of 10 ha (24.7 acres), as well as limit the development envelope with a front yard setback of 100 m and a 15 m setback from the Trans-Canada Pipeline to protect the natural features on the property, in particular the Deer Wintering Area.

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The Acting Planner advised that notice of this application was given in accordance with the Planning Act on March 1, 2013 and the following correspondence has been received: Planning Report No. P13-022, 03/11/13 Background This application relates to property known municipally as 3078 new Brailey Line (Appendix 1). In October of 2012, the owners of the subject property applied to the Committee of Adjustment under File No. B-15-12 and were granted provisional consent to sever the property known municipally as 3078 New Brailey Line (Appendix 2). The severance severs a portion of the property having a frontage of approximately 87 m (285 ft) on New Brailey Line and area of approximately 10 ha (24.7 acres). The retained lands have a frontage of approximately 65 m (215 ft) on New Brailey Line and an area of approximately 0.8 ha (1.97 acre). Appendix 3 illustrates the severance proposal. A condition of the severance was that the lots, both the severed and retained shall be rezoned at the owner’s expense to appropriate site-specific zones in order to recognize the Lot Frontages and Lot Areas and to restrict the building envelope on the severed lot to the area north west of the existing dwelling north of the existing Trans-Canada Pipeline corridor. The property is currently zoned Greenlands in the Township of Severn Zoning By-law 2010-65. The Greenlands (GL) Zone permits a single detached dwelling use. The property is proposed to be zoned from the current Greenlands (GL) Zone to a site specific Greenlands Exception for both the retained and severed parcels. The Greenlands Zone does not contain provisions for minimum lot area and minimum lot frontage and therefore the rezoning will recognize these specific lot provisions. The rezoning will also restrict the building envelope on the severed lands in order to preserve the natural features on the property including the Deer Wintering Area. The subject property is currently designated Greenlands and Rural – Deer Wintering Area in the County of Simcoe Official Plan (206 in effect) and Greenlands and Rural within the Township of Severn Official Plan.

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March 21, 2013 Sections 3.3.4 and 3.3.5 of the County of Simcoe Official Plan deal with development in the vicinity of significant natural features and indicate that an Environmental Impact Study is required in order to confirm the proposed development will have no negative impact on those features. County and Township Planning staff had site inspected the property and concluded that it was appropriate to limit the location of a new dwelling to the relatively flat area located just north west of the existing dwelling and north of the Trans-Canada Pipeline corridor. The site specific rezoning that is being proposed will prohibit structures anywhere on the property except within a specified area. The applicant has been advised of this and is agreeable to such a site specific zoning. County and Township staff had concurred that if development could be restricted in this way, an EIS was not required since there would be no further disturbance of natural features on the property. As such the rezoning to support the residential uses meets the intent of the County of Simcoe Official Plan. The subject property is currently designated Greenlands and Rural in the Township of Severn Official Plan. According to Section C1.2.1 of the Township Official Plan, any proposed alteration to a natural feature and/or ecological system within the Natural Heritage System shall be considered by an Environmental Impact Study. As previously mentioned, an EIS was not deemed necessary by Township and County Planning staff. According to Section C1.3.3 and C6.3 of the Township Official Plan, single detached dwellings are permitted uses with the Greenlands and Rural designations. The proposed use satisfies the intent of the Township of Severn Official Plan. Completion of the zoning amendment will satisfy one of the conditions of the Decision of the Committee of Adjustment and will ensure that the subject properties are appropriately zoned to reflect their respective uses. It will also ensure that the new dwelling on the severed portion is in an area that has been determined through a site inspection to be a reasonable building envelope. Staff has no objection to this proposed amendment to the Zoning By-law subject to the comments received at the public meeting, from circulated agencies and departments, and subject to any further review that Planning Committee may dictate. A draft of the proposed Zoning By-law Amendment is attached as Appendix 4.

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March 21, 2013 Financial Impact There is no financial impact. All costs have been paid by the applicant. Attachments Appendix “1” – Key Map Appendix “2” – Decision of the Committee of Adjustment dated October 16, 2012 Appendix “3” – Sketch of Severance under File B-15-12 Appendix “4” – Draft Zoning By-law Amendment

Appendix “1”

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Appendix “2”

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Appendix “3”

Appendix “4”

THE CORPORATION OF THE TOWNSHIP OF SEVERN BY-LAW NO. 2013-XX BEING A ZONING BY-LAW TO REGULATE THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDINGS OR STRUCTURES ON CERTAIN LANDS DESCRIBED AS PART OF EAST HALF OF LOT 8, CONCESSION 9, DESIGNATED AS PART 2, PLAN 51R-25039 GEOGRAPHIC TOWNSHIP OF ORILLIA, NOW IN THE TOWNSHIP OF SEVERN (3078 NEW BAILEY LINE)

WHEREAS the matters hereinafter set out comply with the Official Plan in effect

for the Township of Severn;

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March 21, 2013

AND WHEREAS the Council of the Corporation of the Township of Severn

deems it advisable to amend the provisions of Zoning By-law No. 2010-65, as otherwise

amended, as they apply to those lands described as Part of the East Half of Lot 8,

Concession 9, Designated as Part 2, Plan 51R-25039, Geographic Township Of Orillia,

now in the Township of Severn, municipally known as 3078 New Bailey Line;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SEVERN HEREBY ENACTS AS FOLLOWS:

1. THAT Schedule "D-4" of Zoning By-law No. 2010-65, as otherwise amended, is hereby amended by changing the Zone Classification on certain lands described as Part of the East Half of Lot 8, Concession 9, Designated as Part 2, Plan 51R-25039, Geographic Township Of Orillia, municipally known as 3078 New Bailey Line from the Greenlands (GL) Zone to the Greenlands Exception Five (GL-5) Zone and the balance of the property, being the severed lands under Application for Consent B-15-12 from the Greenlands (GL) Zone to the Greenlands Exception Six (GL-6) Zone in accordance with Schedule "1" attached hereto and forming part of this By-law.

2. THAT Section 9.5.3 entitled “Exceptions to Greenlands (GL) Zone” of Zoning By-

law No. 2010-65, as otherwise amended, is hereby further amended by adding the following to the exception Zone to the end thereof:

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March 21, 2013

Exception

By-law Location Schedule Special Provisions

GL-5

GL-6

2013-XX

2013-XX

Part of the East Half of Lot 8, Concession 9, Designated as Part 2, Plan 51R-25039 Part of the East Half of Lot 8, Concession 9, Designated as Part 2, Plan 51R-25039

D-4

D-4

Lot Requirements:

i) Minimum Lot Area – 7972.59 square metres

ii) Minimum Lot Frontage – 65 metres

Lot Requirements:

i) Minimum Lot Area –99,960.9 square metres

ii) Minimum Lot Frontage – 87 metres

Special Provisions:

i) The development envelope shall be limited to a front yard setback of 110m and a 15m setback from the Trans-Canada Pipeline to protect the natural features on the property

All other provisions of Section 5 of Zoning By-law No. 2010-65, as amended,

shall apply.

3. THAT Zoning By-law No. 2010-65, as otherwise amended, is hereby amended to give effect to the foregoing, but Zoning By-law No. 2010-65, as otherwise amended, shall in all other respects remain in full force and effect save as same may be otherwise amended or herein dealt with.

4. THAT subject to the provisions of the Planning Act, R.S.O. 1990, as amended,

this By-law shall come into force on the date it is passed by the Council of the Corporation of the Township of Severn.

By-law read a first and second time this 4th day of April, 2013. By-law read a third time and finally passed this 4th day of April, 2013.

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March 21, 2013 CORPORATION OF THE TOWNSHIP OF SEVERN _________________________________________ MAYOR _________________________________________ CLERK-TREASURER

SCHEDULE “1”

PART OF THE EAST HALF OF LOT 8, CONCESSION 9, DESIGNATED AS 51R25039 PART 2, GEOGRAPHIC TOWNSHIP OF ORILLIA,

NOW IN THE TOWNSHIP OF SEVERN

Property to be rezoned from the Greenlands (GL) Zone to the Greenlands Exception Five (GL-5) Zone.

Property to be rezoned from Greenlands (GL) Zone to the Greenlands Exception Six (GL-6) Zone.

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This is Schedule ‘1’ to By-law No. 2013-XX

Passed the 4th day of April, 2013

________________________________ MAYOR

________________________________ CLERK-TREASURER The Chair inquired if the applicant or his/her representative had anything to add to the presentation? There were no comments from the applicant. The Chair inquired if there were any persons present who had either questions or comments on the application? The Chair requested that those providing comments on the application please rise, state their name and address and spell their last name for the minutes. The Chair also advised that the names and addresses of those individuals who speak at the meeting will appear in the meeting minutes which are public documents. There were no comments from the public. The Chair inquired if there were any further information which staff or the applicant may wish to provide? There were no further comments from staff or the applicant. As there were no further comments on this application, the Chair declared the public portion of the meeting closed at 8:14 p.m. The Chair inquired if members of the Committee required further clarification of the application or had any further comments. There were no comments from the Committee. (See Resolution No. PD032113-02)

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March 21, 2013 PUBLIC MEETING NO. 3 The Chair requested the Acting Planner to explain the intent and purpose of the Application for a Zoning By-law Amendment for 1449 & 1551 Upper Big Chute Road. Greg Corbett, Acting Planner, advised that the purpose and effect of the proposed Zoning By-law Amendment is to amend Zoning By-law No. 2010-65 of the Township of Severn is to rezone property described as Part of Lots 23 and 24, Concession 14, and Concession 14 Part Lot 24 designated as 51R18901 Part 1, geographic Township of Medonte, now in the Township of Severn, municipally known as 1551 and 1449 Upper Big Chute Roadas follows:

1. To rezone the property containing the existing residences and accessory buildings at 1551 Upper Big Chute Road from the Agricultural (AG) Zone to a site specific Rural Exception (RU-X) Zone in order to recognize the two single detached dwellings and the minimum lot area of 2.75 ha (6.79 acres); and

2. To rezone the balance of the property, being the lot addition under Application for Consent B-06-13 and the vacant land at 1449 Upper Big Chute Road, from the Agricultural (AG) Zone and Rural Residential (RR) Zone to a site specific Agricultural Exception (AG-X) Zone. The site specific Agricultural Zone will restrict the Permitted Uses to those of a Farm, Forestry, Outdoor Recreational Use, Passive and will prohibit a Dwelling, Single Detached.

The Acting Planner advised that this Zoning By-law Amendment is required to satisfy a condition of Application for Consent B-06-13. The Consultant advised that notice of this application was given in accordance with the Planning Act on March 1, 2013 and the following correspondence has been received: Planning Report No. P13-020, 03/11/13 Background This application relates to the properties known municipally as 1551 and 1449 Upper Big Chute Road (Appendix 1). In February 2013, the owner of the subject properties applied to the Committee of Adjustment under File No. B-06-13 and was granted provisional consent to sever the property at 1551 Upper Big Chute Road (refer to Decision in Appendix 2). One of the conditions of the severance was that both the severed and retained parcels of land be rezoned at the applicant’s expense.

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March 21, 2013 The purpose of the rezoning is to zone the retained parcel at 1551 Upper Big Chute Road to a site specific zone which permits the existing uses on the property. Currently the property is being used for two residential dwellings along with numerous outbuildings related to the existing home industry business operation which provides butchering services for wild game. Originally the whole of the property was used for a game farm. The requirement for Minimum Lot Area for lots in the Rural (RU) Zone is 10 Ha (24.7 acres) and the requirement for Minimum Lot Frontage is 60m (200 feet). The property is proposed to be zoned from the current Agricultural (AG) Zone to a site specific Rural Exception Fifteen (RU-16) Zone in order to recognize the two single detached dwellings, current use and the minimum lot area of 2.75 ha (6.79 acres). The rezoning will recognize the deficient lot area for the parcel of land as well as the presence of the two single detached dwellings and home industry. The balance of the property, which is the severed portion, is being added to the property at 1449 Upper Big Chute Road. The severed portion as well as the lands at 1449 Big Chute Road are to be rezoned from the Agricultural (AG) Zone and Rural Residential (RR) Zone to a site specific Agricultural Exception Fourteen (AG-14) Zone. The site specific Agricultural Zone will restrict the permitted uses to those of a Farm, Forestry, Outdoor Recreational Use, Passive and will prohibit a single detached dwelling. (Appendix 3) The proposed rezoning change will permit the owner to add the severed portion to the lands located at 1449 Upper Big Chute Road and to keep them restricted for agricultural use. Currently the lands are being farmed and leased to a farmer within the Township who wishes to purchase the property. The current owners of the retained portion want to retain ownership of the existing residential dwellings and home industry. The Township’s septic inspector had indicated no objection to the severance application as there is adequate area to construct a replacement septic system on the retained lot. The lands are currently designated Rural and Agriculture within the Simcoe County Official Plan (2006 in effect) and Rural and Agriculture Land within the Township of Severn Official Plan. Section 3.6.6 of the County Official Plan identifies uses permitted as agricultural uses, agriculture-related uses, secondary uses, processing of agricultural products, in addition to agricultural produce sales outlets generally relating to production in the local area, amongst the uses permitted. The uses as proposed would meet the intent of the Simcoe County Official Plan for both parcels being rezoned.

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March 21, 2013 As per the Township Official Plan, the lands are currently designated Rural and Agricultural Lands. Uses permitted in the Rural designated as set out in C6.3 include agricultural uses, single detached dwellings, and commercial uses on farm properties subject to Section C5.4.5 of the Official Plan. The current home industry use was established on the property at a time when the whole of the property was a game farm and has continued to this day despite the game no longer residing on the property. The proposed rezoning will continue to recognize the home industry on the property as it continues to support agricultural and rural uses. The agricultural-related use is compatible with and does not hinder surrounding agricultural operations and therefore meets the intent of the Township of Severn Official Plan. A draft of the proposed Zoning By-law Amendment is attached as Appendix 4. Notwithstanding any issue or issues that may arise at the public meeting, it is staff’s opinion that the proposed zoning by-law amendment meets the intent of the County of Simcoe Official Plan, and Township of Severn Official Plan, and represents good planning. Financial Impact There is no financial impact. All costs have been paid by the applicant. Conclusion Staff has no objection to this proposed amendment to the Zoning By-law subject to the comments received at the public meeting, from circulated agencies and departments, and subject to any further review that Planning Committee may dictate. APPENDIX “1” – Key Map APPENDIX “2” – Decision of Committee of Adjustment – File No. B-06-13 APPENDIX “3” – Sketch of Severance APPENDIX “4” – Draft Zoning By-law Amendment

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Appendix “1”

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Appendix “2”

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Appendix “3”

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Appendix “4”

THE CORPORATION OF THE TOWNSHIP OF SEVERN BY-LAW NO. 2013-XX BEING A ZONING BY-LAW TO REGULATE THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDINGS OR STRUCTURES ON CERTAIN LANDS DESCRIBED AS PART OF LOT 23 AND 24, CONCESSION 14 AND CONCESSION 14 PART LOT 24 DESIGNATED AS 51R18901 PART 1 GEOGRAPHIC TOWNSHIP OF MEDONTE, NOW IN THE TOWNSHIP OF SEVERN (1551 AND 1449 UPPER BIG CHUTE ROAD)





amended, as they apply to those lands described as Part of Lot 23 And 24, Concession

14 and Concession 14 Part Lot 24 designated as 51R18901 Part 1 Geographic

Township Of Medonte, now in the Township of Severn, municipally known as 1551 and

1449 Upper Big Chute Road;


3. THAT Schedule "D-2" of Zoning By-law No. 2010-65, as otherwise amended, is hereby amended by changing the Zone Classification on certain lands described as Part of Lot 23 And 24, Concession 14 and Concession 14 Part Lot 24 designated as 51R18901 Part 1 Geographic Township Of Medonte, containing the existing residences and outbuildings at 1551Upper Big Chute Road from the Agricultural (AG) Zone to the Rural (RU) Exception Sixteen (RU-16) Zone and the balance of the property, being the severed lands under Application for Consent B-06-13 from the Agricultural (AG) Zone and the vacant lands at 1449 Upper Big Chute Road which will be joined to the severed lands from the Rural Residential (RR) Zone to the Agricultural Exception Fourteen (AG-14) Zone in accordance with Schedule "1" attached hereto and forming part of this By-law.

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March 21, 2013 2. THAT Section 5.5.2 entitled “Exceptions to Rural (RU) Zone” of Zoning By-law

No. 2010-65, as otherwise amended, is hereby further amended by adding the following to the exception Zone to the end thereof:

Exception

By-law Location Schedule Special Provisions

RU-16 2013-XX 1551 Upper Big Chute Rd

D-2 Permitted Uses: In addition to the permitted uses of the RU Zone, the following use shall also be permitted:

i) A second detached dwelling ii) The existing home industry

Lot Requirements:

iii) Minimum Lot Area – 27479.13 square metres

All other provisions of Section 5 of Zoning By-law No. 2010-65, as amended,

shall apply.

3. THAT Section 5.5.1 entitled “Exceptions to the Agricultural (AG) Zone” of Zoning By-law No. 2010-65, as otherwise amended, is hereby further amended by adding the following exception Zones to the end thereof:

Exception

By-law Property/Legal Description

Schedule Special Provisions

AG-14 2013-XX 1449 Upper Big Chute Rd

D-2 Permitted Uses:

Uses of the property shall be restricted to the following:

i) Farm ii) Forestry iii) Outdoor Recreational Use,

Passive A single detached dwelling shall not be permitted.

4. THAT Zoning By-law No. 2010-65, as otherwise amended, is hereby amended to

give effect to the foregoing, but Zoning By-law No. 2010-65, as otherwise amended, shall in all other respects remain in full force and effect save as same may be otherwise amended or herein dealt with.

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March 21, 2013 5. THAT subject to the provisions of the Planning Act, R.S.O. 1990, as amended,


By-law read a first and second time this 4th day of April, 2013. By-law read a third time and finally passed this 4th day of April, 2013. CORPORATION OF THE TOWNSHIP OF SEVERN _________________________________________ MAYOR _________________________________________ CLERK-TREASURER

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March 21, 2013

SCHEDULE “1”

PART OF LOT 23 AND 24, CONCESSION 14 AND CONCESSION 14 PART LOT 24

DESIGNATED AS 51R18901 PART 1 GEOGRAPHIC TOWNSHIP OF MEDONTE, NOW IN THE TOWNSHIP OF SEVERN

Property to be rezoned from the Agricultural (AG) Zone and the Rural Residential (RR) Zone to the Agricultural Exception Fourteen (AG-14)

Zone.

Property to be rezoned from Agricultural (AG) Zone to the Rural Exception Sixteen (RU-16) Zone.


Passed the 4th day of April, 2013 ________________________________

MAYOR ________________________________ CLERK-TREASURER

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March 21, 2013 The Chair inquired if the applicant or his/her representative had anything to add to the presentation? There were no comments from the applicant. The Chair inquired if there were any persons present who had either questions or comments on the application? The Chair requested that those providing comments on the application please rise, state their name and address and spell their last name for the minutes. The Chair also advised that the names and addresses of those individuals who speak at the meeting will appear in the meeting minutes which are public documents. There were no comments from the public. The Chair inquired if there were any further information which staff or the applicant may wish to provide? There were no further comments from staff or the applicant. As there were no further comments on this application, the Chair declared the public portion of the meeting closed at 8:16 p.m. The Chair inquired if members of the Committee required further clarification of the application or had any further comments. Member Burkett inquired if this proposal was for the installation of a solar farm.

The applicant responded that it is not for a solar farm. Member Stevens requested clarification on the prohibition of homes on the larger parcel.

There are two homes on the smaller parcel and the larger parcel will prohibit further development and remain as farmland.

Member Ferguson requested clarification on the lot creations which was demonstrated on the mapping provided. Member Crichton advised that the farmland is currently rented out for farming. (See Resolution No. PD032113-03)

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March 21, 2013 PUBLIC MEETING NO. 4 The Chair requested the Acting Planner to explain the intent and purpose of the Application for a Zoning By-law Amendment for 3078 New Brailey Line. Greg Corbett, Acting Planner, advised that the purpose and effect of the proposed Zoning By-law Amendment is to amend Zoning By-law No. 2010-65 of the Township of Severn is to rezone property described as Part of Lot 23, Concession 14, geographic Township of North Orillia, now in the Township of Severn, municipally known as 1300 Torpitt Road,follows:

1. To rezone property containing the wetland and back lot area at 1300 Torpitt Road from the Greenalnds (GL) Zone to the Environmental Protection (EP) Zone in order to recognize the natural features of the property; and

2. To rezone the balance of the property, being the provisionally approved lots under Application for Consent B-06-07-12, from the Greenalnds (GL) Zone to the Shoreline Residential Three (SR3) Zone in order to recognize a residential use with restricted access in a limited service area.

The Acting Planner advised that this Zoning By-law Amendment is required to satisfy a condition of Application for Consent B-06-07-12. The Consultant advised that notice of this application was given in accordance with the Planning Act on March 1, 2013 and the following correspondence has been received: Planning Report No. P13-021, 03/11/13 Background In 2009, the owners of property at 1300 Torpitt Road approached the Township with a proposal for the creation of three waterfront lots with the retained lands to be transferred to the Couchiching Conservancy (Appendix 1). Official Plan policy required that the proposal be approved by Council for consideration by the Committee of Adjustment since it resulted in the creation of more than one new lot. By resolution dated October 21, 2009, the proposal was approved for consideration by the Committee of Adjustment subject to a satisfactory Environmental Impact Study and under the condition that the retained lands be transferred to the Couchiching Conservancy. The Committee of Adjustment heard the severance at their meeting on June 19, 2012 and granted provisional approval based on a number of conditions. (Appendix 2). Condition 5 of the approval requires the owner to rezone the proposed severed residential lots to a Shoreline Residential Three (SR3) Zone and the retained lands proposed to be dedicated to the Couchiching Conservancy, to an Environmental Protection (EP) Zone.

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March 21, 2013 The owners have run into some difficulty in satisfying the other conditions of approval, particularly the condition requiring the Couchiching Conservancy to accept title to the retained lands due to the presence of a dump site on the lands, despite the fact that an investigation of the dumpsite revealed no contamination. The applicants have appeared before Council seeking relief from the need to dedicate the lands to the Couchiching Conservancy, but have rather sought to dedicate the lands to the Muskoka Conservancy. The applicants most recently appeared before the Committee of Adjustment seeking to amend the condition of approval relative to the requirement to transfer the lands to the Couchiching Conservancy, to instead enter into a Conservation Easement with the Muskoka Conservancy. The Committee of Adjustment denied the amended condition (Appendix 3). Despite the most recent decision of the Committee of Adjustment to deny the entering in to a Conservation Easement with the Muskoka Conservancy, the owners have proceeded to secure consents to grant both a right-of-way (identified as Otto Roehl Lane) and a right-of-way (identified as Apter Lane) for the two lots proposed to be created. The Committee of Adjustment approved these applications at their meeting held on February 19, 2013. (Appendix 4) The owners wished to proceed with satisfying the condition related to the rezoning requirement at this time. The conditions for the severance need to be satisfied by June 19, 2013. Should the conditions of the severance not be satisfied, it is anticipated that the by-law will not receive third reading. Staff will have a good appreciation of whether the conditions will be satisfied prior to this date. The subject property is currently designated Greenlands in the County of Simcoe Official Plan. An EIS was submitted with the original severance applications which determined that there was sufficient developable area to consider the creation of two residential lots. According to Section 3.7.5 of the County of Simcoe Official Plan, new uses proposed within or adjacent to (significant woodlands, significant wildlife habitat, significant valley lands, fish habitat, Areas of Natural and Scientific Interest, Environmentally Sensitive Areas, major lake river and creek systems etc.) the above described features may only be permitted if it does not negatively impact on the natural feature(s) and/or associated ecological functions. As such the rezoning to support the residential uses meets the intent of the County of Simcoe Official Plan, as the intended use will not impact the natural functions as determined by the EIS..

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March 21, 2013 The subject property is currently designated Greenlands in the Township of Severn Official Plan. According to Section C1.2.1 of the Township Official Plan, any proposed alteration to a natural feature and/or ecological system within the Natural Heritage System shall be considered by an Environmental Impact Study. As mentioned, an EIS was completed to determine the developable portion of the site with the retained lands identified as having to remain in a natural or Environmental Protection zone. According to Section C1.3.3 of the Township Official Plan, single detached dwellings are permitted uses with the Greenlands designation. The proposed use satisfies the intent of the Township of Severn Official Plan. The subject property is currently zoned Greenlands. The proposed rezoning will rezoned the two severed lots to recognize the residential uses on the property to a Shoreline Residential Three (SR3) Zone and the retained portion to an Environmental Protection (EP) Zone. Completion of the zoning amendment will satisfy one of the conditions of the Committee of Adjustment and will ensure that the subject property is appropriately zoned to reflect the respective uses. Staff has no objection to this proposed amendment to the Zoning By-law subject to the comments received at the public meeting, from circulated agencies and departments, and subject to any further review that Planning Committee may dictate. A draft of the proposed Zoning By-law Amendment is attached as Appendix 5. Financial Impact There is no financial impact. All costs have been paid by the applicant. Attachments Appendix “1” – Key Map Appendix “2” – Decision of the Committee of Adjustment dated June 19, 2012 Appendix “3” – Decision of the Committee of Adjustment dated February 19, 2013 on amended condition Appendix “4” – Decision of the Committee of Adjustment dated February 19, 2013 on rights-of-way Appendix “5” - Draft Zoning By-law Amendment

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Appendix “1”

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Appendix “2”

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Appendix “3”

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Appendix “4”

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Appendix “5” THE CORPORATION OF THE TOWNSHIP OF SEVERN

BY-LAW NO. 2013-XX BEING A ZONING BY-LAW TO REGULATE THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDINGS OR STRUCTURES ON CERTAIN LANDS DESCRIBED AS PART OF LOT 23, CONCESSION 14 GEOGRAPHIC TOWNSHIP OF ORILLIA, NOW IN THE TOWNSHIP OF SEVERN (1300 TORPITT ROAD)





amended, as they apply to those lands described as Part of Lot 23, Concession 14,

Geographic Township Of Orillia, now in the Township of Severn, municipally known as

1300 Torpitt Road;


1. THAT Schedule "B-4" of Zoning By-law No. 2010-65, as otherwise amended, is hereby amended by changing the Zone Classification on certain lands described as Part of Lot 23, Concession 14 Geographic Township Of Orillia municipally known as 1300 Torpitt Road from the Greenlands (GL) Zone to the Environmental Protection (EP) Zone and the balance of the property, being the two severed lots under Application for Consent B-06-07-12 from the Greenlands (GL) Zone to the Shoreline Residential Three (SR3) in accordance with Schedule "1" attached hereto and forming part of this By-law.

2. THAT Zoning By-law No. 2010-65, as otherwise amended, is hereby amended to

give effect to the foregoing, but Zoning By-law No. 2010-65, as otherwise amended, shall in all other respects remain in full force and effect save as same may be otherwise amended or herein dealt with.

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March 21, 2013 3. THAT subject to the provisions of the Planning Act, R.S.O. 1990, as amended,


By-law read a first and second time this 6th day of June, 2013. By-law read a third time and finally passed this 6th day of June, 2013. CORPORATION OF THE TOWNSHIP OF SEVERN _________________________________________ MAYOR _________________________________________ CLERK-TREASURER

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March 21, 2013

SCHEDULE “1”

PART OF LOT 23, CONCESSION 14 GEOGRAPHIC TOWNSHIP OF ORILLIA, NOW IN THE TOWNSHIP OF SEVERN

1300 TORPITT ROAD

Property to be rezoned from the Greenlands (GL) Zone to the Environmental Protection (EP) Zone.

Property to be rezoned from Greenlands (GL) Zone to the Shoreline Residential Three (SR3) Zone.


Passed the 6th day of June, 2013

________________________________ MAYOR

________________________________ CLERK-TREASURER

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March 21, 2013 The Chair inquired if the applicant or his/her representative had anything to add to the presentation? There were no comments from the applicant’s representative. The Chair inquired if there were any persons present who had either questions or comments on the application? The Chair requested that those providing comments on the application please rise, state their name and address and spell their last name for the minutes. The Chair also advised that the names and addresses of those individuals who speak at the meeting will appear in the meeting minutes which are public documents. There were no comments from the public. The Chair inquired if there were any further information which staff or the applicant may wish to provide? There were no further comments from staff or the applicant. As there were no further comments on this application, the Chair declared the public portion of the meeting closed at 8:23 p.m. The Chair inquired if members of the Committee required further clarification of the application or had any further comments. Member Stevens advised that this application will be deferred until the condition of ownership of a conservancy has been met. Member Ferguson requested clarification on the water frontage for one of the lots which was demonstrated on the mapping provided. Member Stevens inquired as to the status of the conservancy ownership.

Mr. Peyton addressed the Committee on behalf of the applicant and advised that the conservancy needs to study the species on the parcel of land prior to ownership which will be completed in the spring.

(See Resolution No. PD032113-04)

Documents

HELD IN THE ADMINISTRATION OFFICE, 1024 HURLWOOD … Planning...Planning Report No. P13-022, 03/11/13, with respect to a Zoning By-law Amendment – 3078 New Brailey Line. Planning