COMMITTEE OF THE WHOLE PLANNING PUBLIC MEETING DECEMBER 19, That Report #PD be considered at the Public Meeting on December 19, 2018;

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1 AGENDA Committee of the Whole Planning Public Meeting Wednesday, December 19, 2018 Council Chambers 7:00 PM Page CONFIRMATION OF AGENDA DISCLOSURES OF PECUNIARY INTEREST COMMITTEE OF THE WHOLE PLANNING PUBLIC MEETING ITEMS PM-1 PM-2 PM-3 TEMPORARY USE ZONING BY-LAW AMENDMENT APPLICATION LARRY AND JOANNE MORRISON TH LINE TOWN OF NEW TECUMSETH FILE NO.: DEV 151 #PD Pdf ZONING BY-LAW AMENDMENT APPLICATION ROBERT AND ANNIE DANKOWYCH C/O MICHAEL WYNIA, SKELTON BRUMWELL AND ASSOCIATES ND LINE TOWN OF NEW TECUMSETH FILE NO.: DEV 384 #PD Pdf APPLICATIONS FOR DRAFT PLANS OF SUBDIVISION AND ZONING BY-LAW AMENDMENTS FLATO DEVELOPMENTS INC. MHBC PLANNING C/O. DAN AMADIO 8TH LINE (MAIN STREET WEST) SETTLEMENT OF BEETON FILE NOS.: NT-T-1701 & NT-T-1702 DEV 365 & DEV 373 #PD Pdf ADJOURNMENT

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3 COMMITTEE OF THE WHOLE PLANNING PUBLIC MEETING DECEMBER 19, 2018 REPORT #PD TEMPORARY USE ZONING BY-LAW AMENDMENT APPLICATION LARRY AND JOANNE MORRISON TH LINE TOWN OF NEW TECUMSETH FILE NO.: DEV 151 RECOMMENDATION That Report #PD be considered at the Public Meeting on December 19, 2018; And further that Planning staff continue to work through any issues pertaining to application file DEV 151 prior to submitting a recommendation report to the Committee of the Whole. OBJECTIVE The purpose of this report is to provide Council and the public with background information regarding a Zoning By-law Amendment application that proposes a temporary use by-law to continue to permit a garden suite on the subject lands for a period of ten (10) years. BACKGROUND Location The subject property is legally described as the North Half of Lot 19, Concession 9 (former Township of Tecumseth) and is municipally known as th Line. The property has a total area of approximately 17.4 hectares (43 acres) with a frontage of approximately 206 metres (676 feet) on the south side of the 10th Line, east of Sideroad 20. A location map of the subject lands is provided as Attachment No. 1. Adjacent land uses include agricultural and rural residential uses. History/Proposal Under Section 39 of the Planning Act, Council may pass a zoning by-law amendment to authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the Zoning By-law. They may also by by-law grant further extensions to continue to permit the use for a period of not more than three (3) years on each occasion. This includes the temporary use of a garden suite which the Act defines as "a one-unit detached residential structure containing bathroom and Page 3 of 33

4 Report #PD , December 19, 2018 kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." On April 12, 1999 Council approved a temporary use by-law (By-law No ) to permit a garden suite on the subject property for a period of ten (10) years. The existing garden suite was subsequently constructed in its present location in August 1999, as shown on the site plan in Attachment No. 2. Since this time the applicants have been granted three separate three (3) year extensions to continue to permit the garden suite; the first in June 2009 (By-law No ), the second in May 2012 (By-law No ) and the third in April 2015 (By-law No ). On September 20, 2018 a letter requesting another three (3) year extension to the existing Temporary Use By-law was submitted by the applicants. Unfortunately, this request was not received prior to the expiration of By-law No on April 20, 2018; consequently, the applicants were informed that they would need to submit a new Zoning By-law Amendment application. On October 23, 2018 the applicants submitted this application seeking permission to allow the existing garden suite to continue to be used in its present location for a period of ten (10) years. COMMENTS AND CONSIDERATIONS Planning Act Section 39 of the Planning Act allows municipalities to pass a Zoning By-law amendment to permit uses for a specified period that would not otherwise be permitted by the Zoning By-law. This includes the temporary use of garden suites for up to twenty (20) years. The Act also allows the municipality to regulate the use of the garden suite through an agreement with the owners, and to grant extensions not more than three (3) years each during which the temporary use is authorized Provincial Policy Statement (PPS) The PPS provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, any decision of Council respecting a Zoning By-law Amendment shall be consistent with the PPS. Section of the PPS states that municipalities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents by permitting and facilitating all forms of residential intensification, including affordable housing and second units. These shall be in appropriate locations as determined by the planning authority in accordance with applicable policies of the PPS. Page 2 of 7 Page 4 of 33

5 Report #PD , December 19, 2018 Growth Plan for the Greater Golden Horseshoe (Growth Plan) Section 3 of the Planning Act states that any decision of Council respecting a Zoning By-law Amendment shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. The Growth Plan directs municipalities to plan for a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes and ages of households. While the policies of the Growth Plan require that the majority of all future growth and development within the Town be located within Settlement Areas, permitting second units as an accessory use to existing dwellings outside of Settlement Areas does not conflict with the Growth Plan. County of Simcoe Official Plan (County OP) The subject land is designated Agricultural and Greenlands in the County of Simcoe Official Plan. Section of the County Official Plan states that while only one detached dwelling may be located on a lot in the Agricultural and Greenlands designations, in areas outside of the Oak Ridges Moraine Conservation Plan area local municipal official plans may make provisions for second units, such as garden suites, with the provision of adequate water and sewage treatment facilities. Further, it states that second detached accessory dwellings may be permitted in accordance with local municipal official plan policies and shall be located in the building cluster. Town Official Plan The subject property is designated Agricultural and Environmental Protection 2 on Schedule A to the Town s Official Plan. Section of the Plan, as amended, provides policies for the consideration of Temporary Use By-laws. The policies permit a garden suite to be constructed in all areas of the Town which allow residential dwelling units as primary uses, provided it conforms with applicable Official Plan policies and Council passes a Temporary Use By-law. Zoning By-law No The subject property is zoned Agricultural (A1) on Schedule E to the Town's Zoning Bylaw. Subject to conformity with the Official Plan, a garden suite can be located on lands zoned Agricultural (A1) provided that the garden suite is appropriate and can be located in compliance with applicable zone standards and any other applicable regulations. Agency and Department Comments On November 14, 2018, a Notice of Complete Application and Public Meeting and a request for comments regarding the application was circulated to internal departments and external agencies for review and consideration, in accordance with the Page 3 of 7 Page 5 of 33

6 Report #PD , December 19, 2018 requirements of the Planning Act. To date, the Planning Department has received comments from the following departments and agencies, who indicated they had no objections to the application: Engineering Department; Public Works Department; Economic Development Officer; Nottawasaga Valley Conservation Authority; Simcoe County District School Board; Alectra Utilities; and Enbridge Gas Distribution. Comments from other departments and agencies remain outstanding and will be considered upon receipt. Public Comments On November 14, 2018, a Notice of a Complete Application and Public Meeting was circulated and corresponding signage was placed on the subject lands in accordance with the requirements of the Planning Act. As of the writing of this report, Planning staff have not received any written comments from the public in regards to the proposal. Preliminary Comments Following a preliminary review of the application, staff have identified the following items to be reviewed in greater detail: 1. Detailed evaluation of the appropriateness of the application; and 2. Preparation of a draft agreement respecting the garden suite. The above issues will be considered together with any comments from the public, Council and agencies in a comprehensive report to a future Committee of the Whole meeting. FINANCIAL CONSIDERATIONS There are no financial considerations as a result of this report. Respectfully submitted: Page 4 of 7 Page 6 of 33

7 Report #PD , December 19, 2018 Shelby White Planner Attachments: Location Map Site Plan Approved By: Department: Status: Bruce Hoppe, MCIP, RPP, Director of Planning & Building Planning Approved - 13 Dec 2018 Page 5 of 7 Page 7 of 33

8 Location Map µ TH LINE th Line Sideroad 15 11th Line 10th Line 9th Line 12th Line 5024 Sideroad 20 Lands Subject to Application DEV th Line 7th Line Sideroad Scale 1:5, Meters Page 6 of 7 This map, either in whole or in part, may not be reproduced without the written authority from Town of New Tecumseth Produced (in part) under license from: The Corporation of the County of Simcoe; Her Majesty the Queen in Right of Canada, Department of Natural Resources: Queens Printer, Ontario Ministry of Natural Resources: Teranet Enterprises Inc. and its suppliers: Members of the Ontario Geospatial Data Exchange. All rights reserved. THIS IS NOT A PLAN OF SURVEY. Created by the Town of New Tecumseth, October 2018 Page 8 of 33

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11 COMMITTEE OF THE WHOLE PLANNING PUBLIC MEETING DECEMBER 19, 2018 REPORT #PD ZONING BY-LAW AMENDMENT APPLICATION ROBERT AND ANNIE DANKOWYCH C/O MICHAEL WYNIA, SKELTON BRUMWELL AND ASSOCIATES ND LINE TOWN OF NEW TECUMSETH FILE NO.: DEV 384 RECOMMENDATION That Report #PD be considered at the Public Meeting on December 19, 2018; And further that Planning staff continue to work through any issues pertaining to application file DEV 384 prior to submitting a recommendation report to the Committee of the Whole. OBJECTIVE The purpose of this report is to provide the Committee and the public with background information regarding an application for a Zoning By-law amendment which seeks to alter the boundary between the Oak Ridges Moraine Environmental Protection (ORM EP) Zone and the Oak Ridges Moraine Countryside Rural (ORM CS-RL) Zone on the subject lands. This will allow the development of a single detached dwelling on an existing lot. BACKGROUND Location The subject property is legally described as Part 2 on Plan 51R-19550, Lot 11, Concessions 1 (former Township of Tecumseth) and known municipally as nd Line in the Town of New Tecumseth. The property has a total area of approximately 2931m2 (0.72 acre) with a frontage of approximately 50m along the south side of 2nd Line, east of Sideroad 10. A location map of the subject lands is provided as Attachment No. 1. The subject lands and adjacent lands are all within the Oak Ridges Moraine Conservation Plan (ORMCP) Area and zoned a combination of Oak Ridges Moraine Countryside Rural (ORM CS-RL) and Oak Ridges Moraine Environmental Protection (ORM EP). Adjacent uses include wetlands to the north, agricultural lands to the north and east, a rural residential property with a single detached dwelling to the west, and a woodlot with wetlands to the south. Page 11 of 33

12 Report #PD , December 19, 2018 History/Proposal The subject property was created in October 1989 as a retirement lot by way of a consent application (File No. B29/89) made to the Tecumseth Township Committee of Adjustment; at the time it was anticipated that a single detached dwelling would eventually be built on the lot. In 2001 the provincial ORMCP came into effect, and the Town subsequently updated the Zoning By-law in order to comply with, and implement, the ORMCP. As a result, the subject lands were re-zoned through a Town-initiated Zoning By-law Amendment from Agricultural (A1), which permitted a single detached dwelling, to a combination of ORM CS-RL and ORM EP; this effectively restricted development on the property unless it can be demonstrated that the use, erection and location of a single dwelling will not adversely affect the ecological integrity of the ORMCP Area. On October 4, 2018 the applicant submitted a Zoning By-law Amendment application seeking to alter the boundary between the ORM EP Zone and the ORM CS-RL Zone on the subject lands, in order to allow the development of a single detached dwelling on the existing lot. The draft proposed site plan and zoning schedule are provided in Attachment No. 2 and 3, respectively. COMMENTS AND CONSIDERATIONS 2014 Provincial Policy Statement (PPS) The PPS provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, any decision of Council respecting a Zoning By-law Amendment shall be consistent with the PPS. Section 2.1 of the PPS requires natural features and areas to be protected, and places restrictions on development and site alteration within and adjacent to these. Similarly, Section 2.2 states that water quality and quantity shall be protected, improved and restored. These policies have been incorporated into County and Town land use planning policies. Oak Ridges Moraine Conservation Plan Section 3 of the Planning Act states that any decision of Council respecting a Zoning By-law Amendment shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. Section 7 of the ORMCP states that nothing in the Plan applies to prevent the use, erection or location of a single dwelling if (a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; and the Page 2 of 10 Page 12 of 33

13 Report #PD , December 19, 2018 applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Plan Area. A single dwelling would have been permitted on the subject lands on November 15, 2001, and the applicant has submitted a Natural Heritage Evaluation in support of the application. The latter is also subject to review and approval by the Lake Simcoe Region Conservation Authority. Greenbelt Plan The Greenbelt Plan governs the Greenbelt Area, which includes the Oak Ridges Moraine Area. Section 2.1 of the Greenbelt Plan states that the ORMCP continues to apply, and the Protected Countryside policies do not apply, on lands within the ORMCP Area. Lake Simcoe Protection Plan The Lake Simcoe Protection Plan (LSPP) applies to the entirety of the Lake Simcoe Watershed. The subject lands are located within the LSPP Area, however the policies respecting Key Natural Heritage and Key Hydrological Features only apply to those areas outside of the Greenbelt Area and the ORMCP Area. County of Simcoe Official Plan The subject property is designated Oak Ridges Moraine Conservation Plan Area on Schedule 5.1 and further designated Countryside Area on Schedule to the County of Simcoe Official Plan. The property is also designated an Area of High Aquifer Vulnerability on Schedule , and includes Woodland as identified on Schedule Section of the County Official Plan states that within the ORMCP Area, all development is required to satisfy the provisions of Section 3.11 and be in conformity with the ORMCP. Town of New Tecumseth Official Plan The subject property is designated Oak Ridges Moraine Countryside Area on Schedule D1 to the Town s Official Plan. The southern portion of the property is also designated as Oak Ridges Moraine Woodlot on Schedule D2 and an Aquifer High Vulnerability Area on Schedule D4. The Official Plan policies that apply to these designations are consistent with the ORMCP and permit the development of a single detached dwelling subject to satisfying the requirements of Section of the Official Plan and in compliance with the ORMCP. Page 3 of 10 Page 13 of 33

14 Report #PD , December 19, 2018 Additionally, Section of the Official Plan states that any development requiring the approval of a Planning Act application (such as a Zoning By-law Amendment) and located within ninety (90) metres of the boundary of a key natural heritage feature (e.g. woodlots) is subject to site plan. Therefore as a condition of approval of this application, Council can require the owners of the subject land to enter into a development agreement with the Town respecting matters such as the location of buildings and structures, as well as identify planning design and construction practices, that ensure no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent land. Town of New Tecumseth Zoning By-law The subject property is primarily zoned Oak Ridges Moraine Environmental Protection (ORM EP) with some land at the north of the property zoned Oak Ridges Moraine Countryside Rural (ORM CS-RL) on Schedule F1 to Zoning By-law The zoning in place was established to implement the ORMCP. If the applicant can demonstrate that the proposed location of single detached dwelling can meet the requirements of the ORMCP, then there would be appropriate justification to approve a Zoning By-law Amendment application to implement the same. Agency and Department Comments On November 14, 2018, a Notice of Complete Application and Public Meeting and request for comments regarding the application was circulated to internal departments and external agencies for review and consideration. To date, the Planning Department has received comments from the following departments and agencies, who indicated they had no objections to the application: Economic Development Officer; Public Works Department; Alectra Utilities; and Enbridge Gas Distributions. The Town s Engineering Department provided the following comments: Due to the lack of municipal infrastructure in the area, the property will be serviced by private well and sewage disposal system. The 2nd Line is classified as an Arterial Road in the Town s Transportation network. The 2nd Line required right-of-way (ROW) width is 30.0m. The 2nd Line ROW along the frontage of the property currently has a width of 26.0m. The rightof-way width will need to be increased by 2.0m across frontage of the property to achieve required ROW width in future. Page 4 of 10 Page 14 of 33

15 Report #PD , December 19, 2018 The Town does not recommend locating any structures including the proposed well within the future road widening. The Consultant is required to demonstrate that the proposed well will not be located within the future road widening parcel; please provide dimension showing the distance of the proposed well from the south property line. New lot services will need to achieve the required Ontario Building Code (OBC) and Ministry of Environment, Conservation and Parks (MOEC setbacks. The Owners of the abutting property to the east, located at nd Line notified Staff of the location of their sewage disposal system located in front of their house in the proximity of the proposed well. The Consultant is required to confirm that all required OBC and MOECC setbacks required for location of new lots services are going to be achieved. Grading Plan conforming to the Town s Engineering standards showing the proposed lot services location will be required with the application for a building permit. The grading Plan will need to demonstrate that abutting property to the east will not be impacted by the proposed house construction. The south side of the property is located within the Lake Simcoe Region Conservation Authority regulated area and a permit may be required for the works. The Town's Building Standards Department provided the following comments: The site plan indicates a draft building envelope, draft septic envelope, and proposed well location. In order to be able to say the layout will function and meet Ontario Building Code provisions, a detailed design is required. The neighbour to the east has their well indicated on this plan. Please confirm if there are any other wells on other properties within 30m of this site. The plan should indicate the approximate location of neighbouring septic systems as well. The Lake Simcoe Region Conservation Authority has reviewed the application, including the Natural Heritage Evaluation, and provided the following comments: The LSRCA review fees for this application ($500) must be paid to their office prior to any approval of this application. The following comments respecting the Natural Heritage Evaluation must be satisfactorily addressed: Page 5 of 10 Page 15 of 33

16 Report #PD , December 19, 2018 The subject property appears to contain a significant woodland, which is a key natural heritage feature under the ORMCP and the PPS. As per the ORMCP, the MVPZ for a significant woodland is 30 m; however, since we understand that this is an existing lot of record that had zoning for a dwelling on November 15, 2001 and that a 30 m MVPZ would not provide a reasonable development envelope, a reduced setback of a minimum 15 m would be acceptable. The proposed 5 m buffer would not be sufficient to ensure no negative impact to the significant woodland. Please provide an updated site plan to accommodate for this buffer. Appropriate sediment and erosion control fencing should be installed along the minimum 15 m setback to the significant woodland to ensure no negative impact to the woodland or wetland. Delineate the location of this fencing on the site plan drawings. Provide a planting plan for the 15 m setback to the significant woodland which includes native tree and shrub plantings. Comments from other departments and agencies remain outstanding and will be considered upon receipt. Public Comments On November 9, 2018, a Notice of a Complete Application and Public Meeting was circulated and corresponding signage was placed on the subject lands in accordance with the requirements of the Planning Act. As of the writing of this report, Planning staff have received written comments from the owners of nd Line, which is located immediately east of the subject land, citing the following concerns: The location of the proposed well and septic bed as it relates to or affects their well and septic bed, and the potential impact of these on the quality and quantity of their well water. Compatibility of the size/scale of the proposed dwelling in relation to the existing dwelling next door. Proposed septic system location in relation to the natural heritage features on the property and potential impact on the environment. Preliminary Comments Following a preliminary review of the application, staff have identified the following items to be reviewed in greater detail: Page 6 of 10 Page 16 of 33

17 Report #PD , December 19, Detailed evaluation of the appropriateness of the application; 2. Satisfaction of all department, public and agency concerns; and 3. Preparation of a draft development agreement in accordance with Section of the Town Official Plan. The above issues will be considered together with any comments from the public, Council and agencies in a comprehensive report at a future Committee of the Whole meeting. FINANCIAL CONSIDERATIONS There are no financial considerations associated with this application. Respectfully submitted: Shelby White Planner Attachments: Location Map Draft Site Plan Draft Zoning Schedule Approved By: Department: Status: Bruce Hoppe, MCIP, RPP, Director of Planning & Building Planning Approved - 13 Dec 2018 Page 7 of 10 Page 17 of 33

18 Location Map µ ND LINE Lands Subject to Application DEV th Line 5th Line Mill St. E. Pridham Pl. Mcgahey St. 3rd Line Sideroad 10 4th Line Tottenham Rd. 2nd Line Highway 9 Scale 1:1, Meters Page 8 of 10 This map, either in whole or in part, may not be reproduced without the written authority from Town of New Tecumseth Produced (in part) under license from: The Corporation of the County of Simcoe; Her Majesty the Queen in Right of Canada, Department of Natural Resources: Queens Printer, Ontario Ministry of Natural Resources: Teranet Enterprises Inc. and its suppliers: Members of the Ontario Geospatial Data Exchange. All rights reserved. THIS IS NOT A PLAN OF SURVEY. Created by the Town of New Tecumseth, October 2018 Page 18 of 33

19 G:\Projects-1\3100\3101\Cad-dwgs\3101 Base.dwg, 22/08/2018 4:11:25 PM I VI PART OF LOT 11, CONCESSION 1 GEOGRAPHIC TOWNSHIP OF TECUMSETH NOW KNOWN AS PART 2, PLAN 51R TOWN OF NEW TECUMSETH, COUNTY OF SIMCOE 14 V IV III metres M SCALE 1:200 II ND LINE KEY MAP N.T.S. LEGEND PROPOSED WELL TO BE LOCATED MINIMUM 30.0 m FROM SEWAGE DISPOSAL BED PROPERTY LINE IRON BAR X X X X X X X EXISTING CHAIN LINK FENCE EXISTING 1.00 m CONTOUR EXISTING 0.20 m CONTOUR FOUR DECIDUOUS TREES EXISTING TREE TO BE REMOVED TO ALLOW FOR LOT GRADING EXISTING DECIDIOUS TREE AND DIAMETER EXISTING CONIFEROUS TREE AND DIAMETER EXISTING ELEVATIONS PROPOSED ELEVATIONS FUTURE DRIVEWAY 12.50m EXISTING GRADE TO BE MATCHED SIDE YARD SWALE TO CONVEY DRAINAGE TO EXISTING ROADSIDE DITCH OR TO REAR OF PROPERTY (AS SHOWN). SIDE SLOPES AND SWALE INVERT VARY. MINIMUM SWALE INVERT 2.0%. MAXIMUM SIDE SLOPE 3:1. EXISTING TREE LINE EXISTING WELL EXISTING UTILITY POLE Page 9 of 10 EXISTING TREE TO BE REMOVED TO ALLOW FOR LOT GRADING NOTES: EXISTING SERVICES AND UTILITIES THE LOCATION OF EXISTING SERVICES AND UTILITIES, AS SHOWN, IS APPROXIMATE ONLY. CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING EXACT LOCATION OF SAME, AND REPAIR OF ANY DAMAGES AS A RESULT OF CONSTRUCTION. TOPOGRAPHIC SURVEY THREE (3) DECIDUOUS TREES (MINIMUM) 1.50m FUTURE DWELLING FFE = m (MINIMUM) 30.0 m (MINIMUM) (MINIMUM) 5.00m 3.00m EXISTING TREE TO BE REMOVED TO ALLOW FOR LOT GRADING NO. PROPOSED SWALE INVERT PROPOSED SLOPE PROPOSED BANK SCHEDULE OF REVISIONS DATE DESCRIPTION CHECKED TOPOGRAPHIC SURVEY INFORMATION COMPLETED BY RUDY MAK SURVEYING LTD., AUGUST CONTOURS SHOWN REPRESENT EXISTING TOPOGRAPHIC INFORMATION AT THE TIME OF THE SURVEY. NOTE THAT INVERTS OF SANITARY SEWERS FOR VICTORIA STREET WEST AND EVELYN STREET, AS WELL AS LOCATION OF EXISTING WATERMAIN, SANITARY SEWERS, AND STORM SEWERS ALONG VICTORIA STREET WEST AND EVELYN STREET WERE DERIVED FROM VILLAGE OF COOKSTOWN SEWAGE WORKS PROJECT DRAWINGS, SHEET NO. 9, VICTORIA ST. W. STA STA 3+00, AND SHEET NO. 15, EVELYN STREET STA STA , DATED OCTOBER 1985, PROVIDED BY TOWN OF INNISFIL STAFF. SEWAGE DISPOSAL BED ENVELOPE 5.00m BENCHMARK (AS SHOWN ON SURVEYOR'S DRAWING) ELEVATIONS SHOWN ARE GEODETIC AND ARE DERIVED GPS OBSERVATIONS IN WGS84 NAD83 (CSRS). SITE BENCHMARK IS THE TOP OF THE SIB AT THE NORTHEAST CORNER OF LOT 12, HAVING AN ELEVATION OF m m (MINIMUM) AS BUILT INFORMATION THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL AS BUILT INFORMATION, AND SHALL PROVIDE THAT INFORMATION TO THE ENGINEER FOLLOWING THE COMPLETION OF SITE WORKS. 3.00m TREE REMOVAL SIDE YARD SWALE TO CONVEY DRAINAGE TO EXISTING ROADSIDE DITCH OR TO REAR EXISTING TREES ON PROPERTY ARE TO BE REMOVED WHERE INDICATED OF PROPERTY (AS SHOWN). SIDE SLOPES AND SWALE INVERT VARY. GEOTECHNICAL INFORMATION MINIMUM SWALE INVERT 2.0%. MAXIMUM SIDE SLOPE 3:1. AS PART OF FUTURE DETAILED DESIGN WORKS, A GEOTECHNICAL INVESTIGATION SHALL BE UNDERTAKEN TO CONFIRM EXISTING SOILS CONDITIONS, INCLUDING CLASSIFICATION OF THE SOIL TYPE, DETERMINATION OF THE GROUNDWATER LEVEL, AND DETERMINATION OF THE PERCOLATION ("T") TIME FOR USE IN DESIGN OF THE SEWAGE DISPOSAL SYSTEM. WATER WELL THE PROPERTY SHALL BE SERVICED BY A PRIVATE ONSITE DRINKING WATER WELL, TO BE DRILLED AND INSTALLED BY A LICENSED WELL DRILLER. DRINKING WATER WELL SHALL MAINTAIN MINIMUM 30.0 m SEPARATION FROM THE SEWAGE DISPOSAL BED. X X X X X X X X X X X 10:1 5.00m MATCH EXISTING GRADE AT BUILDING ENVELOPE LIMITS AS SHOWN LOT AREA = 2,931 m² PRELIMINARY ONLY BUILDING DESIGN Page 19 of 33 Copyright 2018 Skelton Brumwell & Associates Inc. All rights reserved. This document is protected by copyright laws and may not be reproduced in any manner, or for any purpose, except with the written permission of the copyright holder. BUILDING AS SHOWN IS APPROXIMATE ONLY, AND IS ASSUMED AS EQUIVALENT TO THE ADJACENT BUILDING TO THE EAST. DETAILED BUILDING PLANS SHALL BE REQUIRED AS PART OF FUTURE DETAILED DESIGN WORKS, INCLUDING DESIGN OF SEWAGE DISPOSAL SYSTEM. SEWAGE DISPOSAL SYSTEM SEWAGE DISPOSAL BED ENVELOPE AND SEPTIC TANK LOCATION AND SIZES AS SHOWN ARE APPROXIMATE ONLY. DETAILED DESIGN OF SEWAGE DISPOSAL SYSTEM COMPONENTS CANNOT BE UNDERTAKEN UNTIL FINAL BUILDING PLANS AND GEOTECHNICAL INVESTIGATION HAVE BEEN UNDERTAKEN. USE OF A TERTIARY TREATMENT SYSTEM (SUCH AS A WATERLOO BIOFILTER SYSTEM) MAY BE NECESSARY DUE TO ONSITE SOIL CONDITIONS, BUILDING ENVELOPE LIMITATIONS, ETC. X X X X X X X X X X X X X X DANKOWYCH PROPERTY nd LINE TOWN OF NEW TECUMSETH COUNTY OF SIMCOE PRELIMINARY LOT GRADING PLAN PROJECT NO. DRWG NO. DATE: JUNE 2018 SCALE: 1:200 DRAWN: JS/BDD CHECKED: APPROVED: 93 BELL FARM ROAD, SUITE 107 TELEPHONE (705) BARRIE, ONTARIO L4M 5G1 FAX (705) TOLL FREE (877)

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21 COMMITTEE OF THE WHOLE PLANNING PUBLIC MEETING DECEMBER 19, 2018 REPORT #PD APPLICATIONS FOR DRAFT PLANS OF SUBDIVISION AND ZONING BY-LAW AMENDMENTS FLATO DEVELOPMENTS INC. MHBC PLANNING C/O. DAN AMADIO 8TH LINE (MAIN STREET WEST) SETTLEMENT OF BEETON FILE NOS.: NT-T-1701 & NT-T-1702, DEV 365 & DEV 373 RECOMMENDATION That Report #PD be received; and, And further that staff continue to work through any issues pertaining to applications File Nos. NT-T-1701 & NT-T-1702, Dev 365 & Dev 373 prior to submitting a recommendation report to the Committee of the Whole. OBJECTIVE The purpose of this report is to provide Council and the public with background information regarding two (2) applications for a residential plan of subdivision and two (2) zoning by-law amendment applications required in support of the proposed residential subdivisions. BACKGROUND LOCATION The subject lands are located on the south-side of Main Street West (8th Line), west of the existing South Simcoe rail line and the United Cemetery in the community of Beeton. The total land holdings for the proposed subdivision consists of 9.51 hectares (23.5 acres) with metres (722.7 feet) of frontage along Main Street West. The lands are currently vacant and are being used for agricultural purposes. The applicant also owns abutting lands to the west of the proposed subdivision. A Location Map of the subject lands is included as Attachment No. 1. Surrounding land uses include agriculturally zoned land and a rural residential lot to the west, the South Simcoe Rail Line and United Cemetery to the east, vacant agricultural land to the north and south. PROPOSAL Page 21 of 33

22 Report #PD , December 19, 2018 The two (2) submitted draft plans of subdivision applications propose to construct a 136- unit residential plan of subdivision consisting of sixty-seven (67) single detached dwelling units on metre (40.0 feet) wide lots and sixty-nine (69) townhouse dwelling units on 6.5 metre (21.3 feet) wide lots. The subdivision applications also propose a stormwater management pond, open space for overland drainage flow and walk-ways. Access to the proposed subdivision will be provided by two (2) driveways provided from Main Street West which extend throughout the proposed subdivision as the internal road network. A copy of the proposed residential draft plans of subdivisions and an overall Composite Plan is included as Attachment Nos. 2 and 3. The submitted rezoning applications seek to rezone the subject lands from Agricultural ( A1 ) to a combination of Urban Residential ( UR2 ), Urban Residential-Holding ( UR2- H ), Urban Residential-Exception ( UR3-X ), Open Space ( OS ) and Environmental Protection ('EP") in order to facilitate the construction of the draft plans of subdivision. The rezoning applications also propose a number of site-specific provisions which are identified in the Zoning By-law No section of this report. The following studies were submitted in support of the proposed development applications: Planning Justification Report; Environmental Impact Study; Traffic Impact Study; Stormwater Management and Development Constraint Analysis; Noise Impact Study; Archaeological Study; Geotechnical Investigation; Master Servicing Report; Functional Servicing Report; and, Environmental Site Assessment Phase 1 and 2. COMMENTS AND CONSIDERATIONS Provincial Policy Statement The 2014 Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions "shall be consistent with" all policy statements issued under the Act. The subject lands are located within the settlement of Beeton. It is intended that settlement areas be the focus of growth and development and their vitality and regeneration be promoted. Page 2 of 13 Page 22 of 33

23 Report #PD , December 19, 2018 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The policies contained within the Growth Plan require the majority of all future growth and development within a municipality be located within Settlement Areas. Further, the Growth Plan encourages cities and towns to develop as complete communities, offering a mix of land uses, a range of housing types and density types, and be located on full municipal services. The subject lands are located within the settlement of Beeton. The proposed subdivisions provide a diversity of housing stock with the inclusion of single detached dwellings and townhouse dwellings. The development is proposed to be serviced by means of full municipal services. County of Simcoe Official Plan The subject lands are designated 'Settlement' on Schedule 5.1 of the County of Simcoe Official Plan. The objective of settlement areas are to be a focus of population and employment growth, with particular emphasis on primary settlement areas. The subject lands are located within the settlement of Beeton. Town of New Tecumseth Official Plan The subject lands are designated 'Special Policy Area' on Schedule 'B2' of the Beeton Secondary Plan (OPA No. 31). This designation applies to lands within the settlement area that are to be developed for urban land uses, subject to further study. The determination of an appropriate land use designation for lands within the designation shall be made based on the results of further study. This further study can be considered in the context of a development application without the requirement to redesignate the lands but instead, the lands can be rezoned for residential, commercial, employment or other urban land uses. Town of New Tecumseth Zoning By-law No The subject lands are currently zoned Agricultural ('A1') on Schedule 'B' to Zoning Bylaw No The current zoning of the lands permits one (1) single detached dwelling to be constructed on the subject lands. In support of the proposed residential draft plans, the rezoning application seeks to rezone the lands from Agricultural ( A1 ) to a combination of Urban Residential ( UR2 ), Urban Residential-Holding ( UR2-H ), Urban Residential-Exception ( UR3-X ), Open Space ( OS ) and Environmental Protection ('EP') in order to facilitate the construction of the draft plans of subdivision. In addition to rezoning the subject lands, the applications request the following: Reduced Lot Area Page 3 of 13 Page 23 of 33

24 Report #PD , December 19, 2018 A site-specific Urban Residential-Exception ('UR3-X') Zone has been proposed seeking a reduced lot area from the required 250 m2 (2,690.7 ft2) to 190 m2 (2,045.1 ft2) as it relates to the proposed townhouse lots. Reduced Setback from Driveway to Intersection A reduction in setback from a driveway to an intersection from 15.0 metres (49.2 feet) to 8.0 metres (26.2 feet). Setback to Rail Line A 15.0 metre (49.2 feet) setback has been proposed for those lots abutting the rail corridor. This setback would be restrict any portion of the dwelling unit to be located within 15 metres (49.2 feet) of the adjacent railroad right of way property line. Proposed Holding Symbol A Holding Symbol has been proposed for lands located in the southern portion of the subdivision. The Holding Symbol would need to be lifted from the zoning of the lands at such time as the following condition had been satisfactorily addressed: Confirmation that the land can be developed for residential purposes in conjunction with the adjacent land holding and plan of subdivision to the north, known as Part of Lots 7 and 8, Concession 7. A copy of the proposed zoning by-law schedule has been included as Attachment No. 4. Agency Comments On April 21, 2017 and February 1, 2018, a request for comments circulation regarding the applications were circulated to internal departments and external agencies for review and consideration. Additionally, a notice of complete application and notice of public meeting circulation was provided to individuals located within 120 metres of the subject lands as prescribed under the Planning Act. Based on the circulation, staff received the following comments indicating no concerns or comments with respect to the application: Town of New Tecumseth Public Works; Canadian Pacific Railway; Simcoe Muskoka Catholic District School Board; Simcoe County District School Board; Bell; Powerstream/Alectra; Enbridge Gas; and, Hydro One. Page 4 of 13 Page 24 of 33

25 Report #PD , December 19, 2018 In response to the request for comments circulation, the following comments were received by Town Planning staff and have been generally summarized below: County of Simcoe The subject lands are within a designated Greenfield area of the Town of New Tecumseth in accordance with the Growth Plan for the Greater Golden Horseshoe, 2017 ( Growth Plan ); The County of Simcoe Official Plan contains policies that protect active railway corridors, for both existing and potential expansions of rail services. The railway corridor that abuts the south-eastern boundary of the property is owned by the South Simcoe Railway Heritage Corporation (SSRHC). The SSRHC corridor extends from Beeton south to Tottenham, and operates as an historic train excursion. Initial concerns with the development proposal including two (2) driveways into the subdivision from abutting roadways which are under partial jurisdiction of the Town and County of Simcoe. This item has been discussed in greater detail with Town Engineering staff, County Transportation and Engineering staff and the applicants consultant. A second access point onto the subdivision lands has been deemed appropriate and agreed to by all parties. Servicing requirements in terms of the size and location of infrastructure proposed for the site including confirmation from the applicant that the stormwater flows from the neighbouring subdivision, NDH Developments Beeton South, and this proposed subdivision in the Stormwater Management Report calculations. The County can provide curbside waste collection services to residential subdivisions on municipally assumed road, however, County staff request further information to ensure that waste collection vehicles can safely maneuver the proposed road network. Nottawasaga Valley Conservation Authority The NVCA provided preliminary comments identifying concerns with the propose re-location of a headwater watercourse which the NVCA has deemed functions worthy of protection and/or replication. To date, the limits of development or the final location of the watercourse has not been determined which will impact the final approval of both draft plans and associated zoning by-law schedules. The NVCA will continue to work with the applicant to address the concerns identified above. Town Engineering Department A number of comments relating to the design and integration of engineering standards into the design of the proposed subdivision (i.e. 0.3 metre reserves, location of driveways as it relates in intersections, min. standards for cul-de-sacs, maximum number of residential units per subdivision access); Page 5 of 13 Page 25 of 33

26 Report #PD , December 19, 2018 The existence of suitable habitat on the site and on other natural areas that surround the existing croplands for the species, including Barn Swallow, Bobolink and Eastern Meadowlark. It is Engineering s understanding that where development eliminates portions of habitat for species at risk, habitats are to be replaced or enhanced in other locations; Staff requests that the results of the methane testing be provided, along with any additional letters/reports identifying required mitigation measures to address methane in underlying soils (construction considerations, house design, infrastructure design and operation, etc.); The groundwater levels identified as part of the Terraprobe boreholes undertaken in 2011, as the levels appear to be elevated over what is being identified in the 2016 boreholes. It is acknowledged that the proposed development cannot proceed until the necessary Dayfoot Street trunk sanitary sewer has been constructed to provide capacity for the proposed development. Public Comments Town Planning staff received contact and correspondence from property owners located within the community. In summary, the comments relate to how the proposed subdivision will be serviced, either by municipal or private surfaces; impacts on abutting well and overall water table levels; whether any road improvements are required along Main Street West (8th Line) and would utility providers be upgrading any infrastructure in support of the proposed subdivision. The Planning Department was also in receipt of written comments from the abutting developer to the east of the subject lands, who expressed concerns that the proposed stormwater management design and practices are not in keeping with the Townapproved M.E.S.P. or recent discussions concerning stormwater discharge as it relates to the Valleyview lands. Preliminary Comments In order to address comments that have been received by Town Departments, external agencies and the public, the applicant has provided the Town with a 3rd submission to address the above noted comments and concerns. Staff will continue to work with the applicant to address any outstanding items identified during the public meeting and throughout the review process prior to bringing a recommendation forward for Council consideration. FINANCIAL CONSIDERATIONS There are no financial considerations associated with this application. Page 6 of 13 Page 26 of 33

27 Report #PD , December 19, 2018 Respectfully submitted: Andy Warzin Intermediate Planner Attachments: Attachment No. 1 - Location Map Attachment No. 2 - Proposed Draft Plans of Subdivision Attachment No. 3 - Proposed Composite Plan Attachment No. 4 - Proposed Zoning Schedules Approved By: Department: Status: Bruce Hoppe, MCIP, RPP, Director of Planning & Building Planning Approved - 13 Dec 2018 Page 7 of 13 Page 27 of 33

28 Location Map µ 50 8TH LINE WILLOW DRIVE TH LINE Total Applicant Land Holdings Lands Subject to Application - NT-T-1702 & Dev 373 Lands Subject to Application - NT-T-1701 & Dev M 1:10,000 Page 8 of 13 Page 28 of 33

29 LAND USE SUMMARY LAND USE LOTS / S LOTS/UNITS AREA (ha) SINGLE DETACHED - m LOTS ha TOWNHOUSE - 6.5m UNITS ha LEGAL DESCRIPTION PART OF LOTS 7 AND 8 CONCESSION 7 GEOGRAPHIC TOWNSHIP OF TECUMSETH TOWN OF NEW TECUMSETH COUNTY OF SIMCOE OWNER'S CERTIFICATE FUTURE LOTS ha I HEREBY AUTHORIZE MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMITED TO SUBMIT THIS PLAN FOR APPROVAL. TEMPORARY CUL-DE-SAC STORM WATER MANAGEMENT POND OPEN SPACE ROAD WIDENING 0.3m RESERVE FUTURE RIGHT OF WAY RIGHT OF WAY TOTALS ha ha ha ha <0.01ha ha ha 5.45ha BEETON CREEK RESIDENTIAL AREA 2.0 VACANT LAND DATE: SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE BOUNDARIES OF THE LAND TO BE SUBDIVIDED ON THIS PLAN AND THEIR RELATIONSHIP TO THE ADJACENT LANDS ARE ACCURATELY AND CORRECTLY SHOWN. DATE: KEY PLAN OCTOBER 12, 2018 DAN DZALDOV - OLS SCHAEFFER DZALDOV BENNETT LTD. P: Subject Site VACANT LAND N72 26'30"E N17 33'30"W ROAD WIDENING 14.1 TOTTENHAM ROAD 9th LINE COUNTY ROAD 1 / 8th LINE DAYFOOT ST BEETON PROSPECT ST CENTRE ST SUBJECT SITE ADJACENT LANDS OWNED BY APPLICANT PATTERSON ST 10th SIDE ROAD 7th LINE 8th LINE NORTH SCALE km Page 9 of 13 VACANT LAND 15m CONSTRAINT BUFFER OPEN SPACE FUTURE R.O.W N11 02'05"W N15 00'25"E FUTURE LOTS m RAILWAY BUFFER N26 36'05"W OPEN SPACE 43 OPEN SPACE FUTURE LOTS m RESERVE m RESERVE N78 22'25"E TEMP. CUL-DE-SAC FUTURE LOTS TEMP. CUL-DE-SAC 34 FUTURE LOTS FUTURE LOTS STREET 'A' N12 02'25"W (20m ROW) N72 26'30"E N11 44'25"W S.W.M. POND AREA m RESERVE STREET 'B' (20m ROW) STREET 'C' 30.4 (20m ROW) OPEN SPACE m RESERVE ENTRANCE SEPARATION DISTANCE COUNTY ROAD 1 (26m ROW) m RESERVE 2.0 OPEN SPACE CEMETERY LEGEND No. 3 No. 2 No. 1 REVISION No. STAMP DATE ISSUED / REVISION ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51(17) OF THE PLANNING ACT R.S.O C.P.13 AS AMENDED A. AS SHOWN B. AS SHOWN C. AS SHOWN D. AS SHOWN E. AS SHOWN PROJECT BOUNDARY LINE RIGHT OF WAY LINE LINE LOT LINE OCT. 12, 2018 NOV. 14, 2017 DEC. 6, 2016 F. AS SHOWN G. AS SHOWN H. MUNICIPAL WATER SUPPLY AVAILABLE I. SILTY CLAY LOAM C O L L I E R S T R E E T B A R R I E, O N, L 4 M 1 H 2 P: F: W W W. M H B C P L A N. C O M 3rd SUBMISSION 2nd SUBMISSION 1st SUBMISSION DATE 0.3m RESERVE PARCEL FABRIC M.M. M.M. M.M. BY J. AS SHOWN K. FULL MUNICIPAL SERVICES L. AS SHOWN MHBC PLANNING DEC. 6, FILE No J SOUTH SIMCOE RAILWAY 37 FUTURE LOTS N16 42'20"E SCALE DRAWN BY 1:1,000 (ARCH D) M.M. CHECKED BY D.A. OTHER OPEN SPACE ENVIRONMENTAL AREA LOW DENSITY RESIDENTIAL AREA LOW DENSITY RESIDENTIAL AREA PROJECT FILE NAME BEETON MEADOWS BEETON MEADOWS INC HIGHWAY 7 EAST, SUITE 503 MARKHAM, ON L3R 0G6 P:(905) F:(905) DRAFT PLAN OF SUBDIVISION DWG No. 1 of 1 NORTH SCALE BAR m MEASUREMENTS SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY Page 29 of 33

30 LAND USE SUMMARY LAND USE LOTS / S LOTS/UNITS AREA (ha) SINGLE DETACHED - m LOTS ha TOWNHOUSE - 6.5m UNITS ha LEGAL DESCRIPTION PART OF LOT 8 CONCESSION 7 GEOGRAPHIC TOWNSHIP OF TECUMSETH TOWN OF NEW TECUMSETH COUNTY OF SIMCOE OWNER'S CERTIFICATE FUTURE LOTS ha I HEREBY AUTHORIZE MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMITED TO SUBMIT THIS PLAN FOR APPROVAL. OPEN SPACE ha WALKWAY / OVERLAND FLOW ha 0.3m RESERVE 36 - <0.01ha RIGHT OF WAY - - TOTALS ha 4.06ha BEETON CREEK RESIDENTIAL AREA VACANT LAND DATE: SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE BOUNDARIES OF THE LAND TO BE SUBDIVIDED ON THIS PLAN AND THEIR RELATIONSHIP TO THE ADJACENT LANDS ARE ACCURATELY AND CORRECTLY SHOWN. DATE: KEY PLAN OCTOBER 12, 2018 DAN DZALDOV - OLS SCHAEFFER DZALDOV BENNETT LTD. P: Subject Site VACANT LAND N72 26'30"E N17 33'30"W TOTTENHAM ROAD 9th LINE COUNTY ROAD 1 / 8th LINE DAYFOOT ST BEETON PROSPECT ST SUBJECT SITE ADJACENT LANDS OWNED BY APPLICANT CENTRE ST PATTERSON ST 10th SIDE ROAD 7th LINE 8th LINE NORTH SCALE km LEGEND PROJECT BOUNDARY LINE 0.3m RESERVE N72 26'30"E RIGHT OF WAY LINE PARCEL FABRIC LINE LOT LINE N31 46'05"W N15 00'25"E N26 36'05"W N78 22'25"E N12 02'25"W N11 44'25"W COUNTY ROAD 1 (26m ROW) Page 10 of 13 VACANT LAND OPEN SPACE OPEN SPACE R m RESERVE R TOWNHOUSES TOWNHOUSES STREET 'A' 58.1 (20m ROW) 23 TOWNHOUSES TOWNHOUSES STREET 'A' (20m ROW) m RAILWAY BUFFER TOWNHOUSES TOWNHOUSES OPEN SPACE FUTURE LOTS WALKWAY/ OVERLAND FLOW OPEN SPACE R FUTURE LOTS FUTURE LOTS OPEN SPACE CEMETERY No. 2 No. 1 REVISION No. STAMP DATE ISSUED / REVISION ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51(17) OF THE PLANNING ACT R.S.O C.P.13 AS AMENDED A. AS SHOWN B. AS SHOWN C. AS SHOWN D. AS SHOWN E. AS SHOWN OCT. 12, 2018 NOV. 14, 2017 F. AS SHOWN G. AS SHOWN H. MUNICIPAL WATER SUPPLY AVAILABLE I. SILTY CLAY LOAM C O L L I E R S T R E E T B A R R I E, O N, L 4 M 1 H 2 P: F: W W W. M H B C P L A N. C O M 2nd SUBMISSION 1st SUBMISSION DATE M.M. M.M. BY J. AS SHOWN K. FULL MUNICIPAL SERVICES L. AS SHOWN MHBC PLANNING OCT. 26, N16 42'20"E SOUTH SIMCOE RAILWAY FILE No. SCALE 15184Q 1:1,000 (ARCH D) DRAWN BY M.M. 27 CHECKED BY D.A. OTHER OPEN SPACE ENVIRONMENTAL AREA LOW DENSITY RESIDENTIAL AREA LOW DENSITY RESIDENTIAL AREA PROJECT BEETON MEADOWS SOUTH FLATO BEETON EAST DEVELOPMENTS INC HIGHWAY 7 EAST, SUITE 503 MARKHAM, ON L3R 0G6 P:(905) F:(905) FILE NAME DRAFT PLAN OF SUBDIVISION DWG No. 1 of 1 NORTH SCALE BAR m MEASUREMENTS SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY Page 30 of 33