Municipal Planning Services Ltd Chris D. Jones BES, MCIP, RPP 51 Churchill Drive, Unit 1 Barrie, Ontario L4N 8Z5

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1 MEMORANDUM To: From: Ms. Linda Maurer, Clerk Chris D. Jones MCIP, RPP Date: September 8, 2014 Re: EIS for Proposed Lot Creation in Lot 2, Concession 13 BACKGROUND Further to your request, we have had an opportunity to review an Environmental Impact Study (EIS) prepared in support of an application to create 3 new lots through the consent process on Cheer Lake Road in Lot 2, Concession 13. CONSENT PROPOSAL The purpose of the applicant s development proposal is to create three new lots as shown in Figure 1. Lots 1 and 3 are proposed to have a lot area of 1.3 hectares and a road frontage of 91 metres. Lot 2 is proposed to have a lot area of 10.5 hectares and a road frontage is excess of 700 metres. The retained lot would have a frontage of 91 metres and a lot area of 22 hectares. FIGURE 1 Severance Proposal Lot 2 Lot 2 Lot 3 Lot 4 Con 13 C h e e r L a k e CHEER LAKE ROAD PARKES LANE Severed 3 Con 12 Municipal Planning Services Ltd

2 2 OFFICIAL PLAN The Township adopted a new Official Plan on March 25, However, this Plan is not currently in effect as it is currently with the Ministry of Municipal Affairs and Housing for review and approval. In the current Official Plan, the subject lands are designated Rural and Hazard, while in the proposed Official Plan the subject lands are designated Shoreline and Natural Heritage. It is noted that the subject lands do not have frontage on a shoreline but because the lands are proximate to Cheer Lake, the road frontage along Cheer Lake Road has been designated Shoreline. The Hazard designation and the Natural Heritage Protection designation in the proposed Official Plan both recognize a substantive bog on the subject lands. Given that the bog is a natural heritage feature, the purpose of the EIS was to assess the impact of the proposed development on the feature. In terms of the proposal to create rural residential lots, the operative policy allowing lot creation in the current Official Plan is found in Section and in Section B1.4.1 of the adopted Official Plan, both of which permit the creation of up to 3 lots from an existing lot with an area of 40 hectares. It is also noted that Section B4.4.3 of the adopted Official Plan allows the creation of backlots if such lots constitute a severance from an original lot of record. SUMMARY OF EIS The EIS concluded that the three proposed lots could be created and developed without negatively impacting the features and functions of the adjacent bog. The EIS recommended the following mitigation measures: Construction in or around water should take place during the warm water fisheries timing window between July 16 and March 31; Education information to new landowners with respect to Species at Risk and specifically the Blanding s Turtle and the Eastern Hog-nosed Snake; A 15 metre development setback along Cheer Lake Road; The building envelope for severed lot 2 should be configured so it avoids the watercourse and wetland; and, A 30 metre vegetated buffer proximate to the boundary of the wetland.

3 3 The report also included a number of recommendations aimed at minimizing development impacts on two unopened road allowances which provide access to Cheer Lake. The proposed mitigation may be sound, however any development or site alteration on any unopened road allowance would be subject to a separate consideration and approval of Council. We are not aware that the applicant has made any request to utilize an unopened Township road allowance in conjunction with the proposed consents. Figure 2 is an illustration of the proposed lots relative to the bog and the recommended 30 metre vegetated buffer. It is noted that when the buffer is applied, the developable area of severed lot 3 is diminished considerably. FIGURE 2 Proposed Lots and Recommended Vegetated Buffer 30m Vegetative Buffer Severed 3

4 4 ANALYSIS The EIS has demonstrated that development and site alteration can occur proximate to the wetland feature, subject to some mitigation measures, chief among them the implementation of a 30-metre buffer from the wetland (bog) feature. Based on our consideration of the resultant developable area after the 30-metre buffer is applied, it is our opinion that the original proposal to create 3 lots should be reconfigured to ensure that any new lot is located entirely within the recommended development area. Figure 3 illustrates an alternate lot creation scenario that would reduce the number of new lots from 3 to 2 and would ensure both of the new lots are located outside of the wetland feature and its related buffer area. FIGURE 3 Alternate Lot Creation Scenario 30m Vegetative Buffer

5 5 RECOMMENDATIONS If Council is in agreement with the findings of this report it is recommended that: 1. This report be received; 2. The alternate lot creation scenario attached at Figure 3 be circulated to the applicant and Planning Board and considered for approval; 3. Any condition of consent require the retained lands to be rezoned to recognize the 30-metre buffer area, to identify the primary building envelope, and to establish the resultant lot area (subsequent to the consents) as the minimum lot area; 4. Any condition of consent require the applicant to enter into a consent agreement to formalize matters related to stormwater management and vegetation removal; and, 5. Council confirm that they do not intend to formalize the usage of any Township road allowance leading to Cheer Lake to allow site alteration, parking, dockage or the placement of any structure or thing. Respectfully Submitted, -original signed- Chris D. Jones MCIP, RPP