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10 12 2000 PAC Agendaf+ Y TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE AGENDA THURSDAY OCTOBER 12, 2000 1. Call to order by Chairman. 2. Declaration of Pecuniary Interest and the General Nature Thereof - in Accordance with the Act. 3. Adoption of the Minutes of August I5, 2000 and September 19, 2000. 4. Correspondence and Communication None • 5. Deputations 7:00 p.m. Pamela Lesenko P-108/00 Concession 9, Plan M-535, Lot 14 (Oro} Proposed Zoning By-law Amendment 7:15 p.m. Hans Wychers P-112100 Concession 5, Plan M-324, Lot 23 (Oro) Proposed Zoning By-law Amendment 7:30 p.m. Garrett Developments (Barrie) Ltd. P-113/00 Concession 1, Part of Lot 40, Part 3 of Draft Reference Plan (Oro) Proposed Zoning By-law Amendment 6. Other Business 7. Adjournment s 7055260313 gSEP-28-OG 13:12 From:Nacker Gisnac Rice 7655260313 T-63A P.61I02 Job-43G The Law FSrm of l:lacker Gigaac nice Midland, Otillia & Penetangrtishene September 28, 2000 FAX TRANSMISSION 705-487-0133 Attention: Andrea Isigh The Corporation of Township of Oro-Medonte, Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh: RE: Bowes & Braden: Application for Zoning By-law Amendment Our client: Mr. and Mrs. Harold Divine (l7TR Fl`i jy 1V0 rr4d-S?,~ 001SW We acknowledge receipt of the Township's letter dated September 8, 2000 addressed to our client, Mr. Divine, and signed by the Mayor. We can only express our extreme disappointment and frustration that the Township has failed to recognize the seriousness of this situation. It is our clients' view that the Township has failed to represent the public interest by not addressing our clients' concerns. The inaction on the part of the Township sets a very dangerous precedent. If a resident decided to start operating an adult entertainment parlour or a water bottling plant in an agricultural zone, would the Township turn a "blind eye" to those operations? Where will the line be drawn? 12esidents in the community who respect the by-laws, expect due consideration from the Township when its by-laws are flagrantly contravened. Please be advised that our clients intend to oppose the Application by Bowes and Braden. Further. they are considering possible action against the Township for loss of the use and Fred Hacker Q.C. . John Gignac H.A., LL.B. Greg Mice B.A., LL.H. Deane Ewalt B.A., LL.B. Lynn 8urgm a.A., LL.H. Christine Manure B.A., LL.B. Peter Hare H.A., M.A., LL.B. Scott Feirley B.A.. M.A., LL.H. Bruce Waite Q.C. (Senior CourroWJ Address: 518 Yonge Street, Midland, ptttario L4R 2CS Phone: 705.526.2231 Fax: 105.526.0313 Web: www.hgr.ca Lawyer Esther Armchuk-Ball Direct Line 705.526.2232 - Ext 265 Emai! eather~hgr.ca Assistant: Kate Arnold Direax Line 705.526.2232 - Ext 258 Email katrQingr.ca - , SEP-$6-00 13:12 From:Hacker Gianac Rice 705526D313 T-634 P.02/02 Job-430 ~~' enjoyment of their property. In effect, the Township has permitted "downzoning" to occur as a result of allowing an industrial business to operate in an agricultural zone without any controls or limitations. Please advise us well in advance of the neat Planning Advisory Committee and any other Planning or Council meeting at which this matter will be on the agenda, in order that our clients may attend. Yours very truly, FIACIC1vR GIGNAC RICE er A chuk-Ball Esth rm EAB:ka • Copy: Council, Mayor, Clerk Township of Oro-Medonte Client Inter/Divirw.Towuhip • TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES AUGUST 15, 2000 PRESENT: Sue Grant, Peter Wigham, Paul Marshall, Garry Fell, Deputy Mayor Don Bell, and Mayor Ian Beard ABSENT: Councillor Ruth Fountain STAFF PRESENT: Andria Leigh 1. Chairman Peter Wigham called the meeting to order at 7:00 p.m. 2. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT." None Declared. 3. Minutes Deferred until September meeting to re-circulate complete minutes. 4. Correspondence and Communication Letter from Hacker Gignac Rice regarding P-105/00 received by Committee. 5. Deputations 7:00 p.m. Oro-Medonte Golf Ltd. P-83/99 Concession 2, Part of Lot 10 and D (Oro) Proposed Official Plan and Zoning By-law Amendment In Attendance: Ray Valaitis, Ministry of Agriculture, Food, and Rural Affairs Ms. Leigh explained to the Committee the purpose of tonight's discussion indicating that this was an opportunity for the Committee to discuss the letter which had been received from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). She explained that the intent of this discussion was to determine • the criteria utilized by OMAFRA in their technical assistance letter provided to the County. Ms. Leigh further explained that additional comments were being . requested from Mr. Toombs, the Township's Consultant, on both the OMAFRA letter and the discussion tonight in order for the Committee to make a final recommendation to Council on this application at their September meeting. She explained that there was no intention of a recommendation emanating out of the discussion tonight. Mr. Valaitis from the Ministry introduced himself and proceeded to explain to the Committee the intent of his technical assistance letter and what it should mean to the Committee. He explained that what he had assessed was agricultural lands which he felt in accordance with the Provincial Policy Statement (PPS) should be considered Provincially significant. He further explained that the PPS allowed individual municipalities to further define locally significant agricultural lands and to designate these accordingly. He indicated that in his assessment he had utilized the Canada Land Inventory Mapping and land use mapping available through the Ministry as well as conducting a site inspection of the area by car. He indicated that he did not utilize any aerial photos or assessment mapping for his assessment. Ne explained that there were a number of factors used in assessing what should be provincially significant agricultural lands. He explained that the PPS identified Provincially significant agricultural areas as Classes 1-3 lands as identified on the Canada Land Inventory mapping; however, he had reviewed other factors including: non-farm uses/incompatible uses, fragmentation, and wetland areas. Mr. Valaitis explained that he knew of many municipalities that continued to designate lands as Agricultural based on local criteria or to establish additional designations with restrictive uses for these areas and that the PPS allowed for this. He also explained that he would be happy to provide a review of the entire township once time permitted if the Township so desired. The Committee discussed the information provided by Mr. Valaitis and inquired about the detail of the site inspection previously conducted. They inquired about additional factors which would be considered to determine locally significant lands and indicated that these were already defined in the Township's Official Plan. 7:30 p.m. Susan Woods P-107/00 Range 2, South Part of Lot 2 (Oro) Proposed Zoning By-law Amendment In Attendance: Susan Woods and Fred Beck, Applicants Ms. Leigh reviewed the application with the Committee indicating the existing designation of the property was Rural and the specific policies relating to rezoning for an institutional use were determined by the policies of Section D3.3.2. She further indicated that the property was subject to a conditional consent application for the 2 acre site, subject to the rezoning and site plan . control. The applicants provided background related to the history of the intended non- profit "Abbeyfield House" and indicated that the intended use was for active seniors to a maximum of 10 bedsitting rooms. They indicated that the house was not intended to be a nursing home and no facilities for this purpose were being included. The applicants had met with the Health Unit prior to the consent to determine the appropriate septic bed size and property parcel size for such a use. Discussion occurred regarding tree buffering to adjacent properties, drainage issues, and potential alternate locations. Moved by Paul Marshall, seconded by Susan Grant "It is recommended that Development Application P-107/00, a proposed Zoning By-law Amendment for an institutional use proceed to a Public Meeting in accordance with the Planning Act." ..Carried. u 8:00 p.m. Trinity Community Church P-104/00 Concession 7, Part of Lot 21 (Oro) Proposed Official Plan Amendment In Attendance: Paul Miller, Applicant, and Ray Kelso, Applicant's Consultant Ms. Leigh provided the Committee with the background on this application and the Oro Centre Secondary Plan. This property is located within the Oro Centre Plan area and would be subject to the policies within the secondary plan. Due to the applicant's timing constraints, they have applied for a separate Official Plan and Zoning By-law Amendment; however Ms. Leigh explained the intent of the Oro Centre secondary plan should be maintained with the application. Ms. Leigh explained the two main issues with this application that still need to be resolved are the transportation/entrance and the servicing and that additional information is required in this regard. Mr. Kelso provided the Committee with an overview of the proposed church and its intended facilities. He explained the rationale for the location chosen by the church and the time frame the church is currently under in regard to the purchase of the property. Discussion occurred with the Committee in regard to the Oro Centre Secondary Plan and the proposed changes from the Ministry of Transportation. It was felt that additional information might be available after the staff meeting with MTO on August 29. Moved by Deputy Mayor Don Bell, seconded by Garry Fell "It is recommended that Development Application P-103/00, a proposed Official Plan Amendment and Zoning By-law Amendment for an institutional use, not proceed to a Public Meeting until additional materials are received regarding compliance with the Oro Centre policies and comments are received from the Township Engineer." ...Carried. 8:30 p.m. Eric Bowes and Dawn Braden P-105100 Concession 4, South Part of Lot 8 (Oro) Proposed Zoning By-law Amendment In Attendance: Eric Bowes, Applicant • Ms. Leigh provided an overview of this application and explained that the applicant's had originally intended to operate a home industry in accordance with the Official Plan and Zoning By-law requirements of the Municipality. The difficulty arose when the business exceeded the original expectation and explained beyond a home industry standard as defined by the Township. She explained that currently she required additional information from the applicant's related to amount of equipment, number of trucks, number of employees, noise assessment before the application could be fully assessed. Ms Leigh explained that the applicant's has submitted a site plan at the time of initiating the home industry that would require approval if the rezoning were to be considered by Council. Moved by Susan Grant, seconded by Paul Marshall "It is recommended that Development Application P-105/00, a proposed Zoning By-law Amendment for an industrial use, be denied and the applicant's be encouraged to review alternate sites within the Municipality." ...Carried. 6. Other Business None. 7. Adjournment Moved by Garry Fell That this meeting now adjourn at 10:15 p.m. Carried. Peter Wigham, Chairman Andria Leigh, Planner TOWNSHIP OF ORO-MEDONTE • PLANNING ADVISORY COMMITTEE MINUTES SEPTEMBER 19, 2000 PRESENT: Garry Fell, Peter Wigham, Paul Marshall, Councillor Ruth Fountain, Deputy Mayor Don Bell, and Mayor Ian Beard ABSENT: Susan Grant STAFF PRESENT: Andria Leigh 1. Chairman Peter Wigham called the meeting to order at 7:00 p.m. 2. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT." None Declared. 3. Minutes Moved by Councillor Ruth Fountain, seconded by Paul Marshall That the minutes of the meeting of the Township of Oro-Medonte Planning Advisory Committee held on June 20, 2000 be adopted as printed and circulated. Carried. 4. Correspondence and Communication None Received. 5. Deputations 7:00 p.m. Oro-Medonte Golf Ltd. P-83199 Concession 2, Pt Lot 10 and D (Oro) In Attendance: Don Hanninen and Bruce Dodson, Applicants, and Tim Collingwood and Rex Meadley, C.C. Tatham, Applicant's Engineers Ms. Leigh provided a review of this application including the two letters received from Ray Valaitis of the Ministry of Agriculture, Food, and Rural Affairs (OMAFRA). She explained that these letters had been forwarded to Dale Toombs, the Township Consultant, for his comments and that Mr. Toombs written response indicated that his original assessment continued to be applicable and the subject lands were within an appropriate designation (Agricultural). Ms. Leigh reviewed the other applicable policies of the Official Plan including Section J3 -Amendments to the Plan with the Committee. Mr. Don Hanninen provided a presentation on behalf of the proposal indicating the background in regard to the selection of this site, the technical work which had been completed to the satisfaction of the relevant agencies, and the rationale for this site being the most suitable location for the proposed golf course. Moved by Mayor Ian Beard, seconded by Garry Fell "It is recommended that Development Application P-83199, a proposed Official Plan Amendment and Zoning By-law Amendment for a golf course, be denied as it does not conform with the general intent and specific policies of the Official Plan. ...Carried. 7:30 p.m. Maurice Truax P-102/00 Concession 10, Part of West Half Lot 7 (Oro) Proposed Official Plan Amendment & Zoning By-law Amendment In Attendance: Maurice and Jackie Truax, Applicant, and Bill Fitzgerald, Applicant's Consultant Ms. Leigh updated the Committee on the status of the technical review of the background studies on this application. She explained that technical review comments had been received from Jagger Hims and LGL Limited and that further comments would be forthcoming from Valcoustics in regard to the noise assessment. She explained that potentially changes may be required subsequent to a public review and that there was now sufficient information to proceed to a Public Meeting. She explained that all comments and final technical review comments would then be received by the Committee for a final recommendation to Council on this application. Moved by Deputy Mayor Don Bell, seconded by Councillor Ruth Fountain • "It is recommended that Development Application P-102/00, a proposed Official Plan Amendment and Zoning By-law Amendment, proceed to a Public Meeting in accordance with the requirements of the Planning Act." ...Carried. 8:00 p.m. Horseshoe Resort Corporation P-109100 Concession 4, Part of Lots 1 and 2 (Oro) Proposed Official Plan and Zoning By-law Amendments and Draft Plan of Subdivision In Attendance: Martin Kimble, Applicant, and Kris Menzies, Applicant's Consultant Ms. Leigh explained to the Committee the proposed amendment to the Official Plan and Zoning By-law and review the proposed draft plan. She indicated that the Official Plan amendment would certainly be supportable on the basis of the down designation of the property from a medium density to aloes-density designation. She further explained that additional technical work was required . regarding the draft plan related to engineering, servicing, and zoning conformity prior to formal consideration of the draft plan at a public meeting. Ms. Menzies and Mr. Kimble explained the proposed application to the Committee and explained the rationale for the unusual shaped lots due to the topography and required area for building and septic systems purposes. They explained that the public had been favorable of this proposal at a meeting held informally with Horseshoe Resort over the summer months and that they were therefore anxious to have this proposal made public for comments as soon as possible. Moved by Garry Fell, seconded by Mayor lan Beard "It is recommended that Development Application P-110/00, a proposed Official Plan Amendment and Zoning By-law Amendment and Draft Plan of Subdivision, proceed to a Public Meeting for the Official Plan and Zoning By-law Amendments only, and that the draft Plan of Subdivision be presented at a subsequent public meeting once additional comments are received from the Township Engineer, the Simcoe County District Health Unit and amendments accommodated within the proposed Draft Plan." ...Carried. y ( a 6. Other Business - Update on Development Application P-105/00 Ms. Leigh explained to the Committee that the recommendation emanating from this Committee had been deferred by Council pending further information being provided. The applicant is currently preparing a noise assessment, business plan, and additional planning information to support the application. - Rescheduling of October 17 meeting to earlier date for Kells, Raine, Lesenko applications After discussion by the Committee it was determined that the meeting would be held on Thursday October 12, 2000 at 7:00 p.m. and that the agenda material would be provided to the Committee members on Friday October 6. - Trinity Community Church -Update and Discussion of draft Official Plan Amendment (attached) Ms. Leigh explained that the draft Official Plan Amendment contained . additional materials relating to the servicing compliance with the Oro Centre policies and that she was going to provide the policies to C.C. Tatham who established the Oro Centre servicing policies to determine additional information/study requirements. She explained that these would be provided to the Committee at their next meeting. 7. Adjournment Moved by Paul Marshall That this meeting now adjourn at 9:00 p.m. Carried. Peter Wigham, Chairman Andria Leigh, Planner ~J PLANNING ADVISORY COMMITTEE October 12, 2000 Garrett Developments (Barrie) Ltd. P-108100 North Part of Lot 40, Concession 1, Draft Reference Plan, Part 3 (Oro) 1983 Horseshoe Valley Road West Proposal The subject property is located in Concession 1, North Part of Lot 40 and is located on Horseshoe Valley Road West just east of County Road 93 in Craighurst. The property is a total of 26.9 acres in size with 1711.28 feet of frontage. The applicant's have applied for a Zoning By-law Amendment from the Agricultural/Rural (A/RU) Zone to a Site Specific Agricultural/Rural (A/RU*) Zone to prohibit the use of the property for the construction of a single detached dwelling. The Committee of Adjustment in 1999 severed this property as it was the portion of the applicant's property that was excluded from the Secondary Planning Area for Craighurst. Official Plan Currently -Rural, Environmental Protection Two Overlay, Horseshoe Valley Road Special Policy Area Proposed -Same as above Zoning By-law Currently -Agricultural/Rural (A/RU) Zone Proposed -Agricultural/Rural Exception (A/RU*) Zone Department Head Comments Roads Superintendent - Fire Chief - No Objection Clerk - Chief Building Official - No Objection Public Works - No Concerns 1 • Planning Department Comments The subject property is located within the Horseshoe Valley Road Special Policy Area with the following designations: Rural and Environmental Protection Two Overlay as identified on Schedule A14 of the Official Plan. Section E 2.2.4 of the Plan identifies that the Rural policies of Section D3 are applicable on the subject property but that only the following uses are permitted: agricultural uses, single detached dwellings on lots that existed on the date this Plan was adopted by Council, bed and breakfast establishments, home occupations, home industries, resource management uses, forestry, golf courses in accordance with Section D3.3.2 of this Plan, small scale ski facilities and accessory uses in accordance with Section D 3.3.2 of this Plan; and, places of worship and schools in accordance with Section D3.3.2 of this Plan provided the buildings and parking areas associated with the use are not visible from Horseshoe Valley Road and provided the use does not have direct access to the Horseshoe Valley Road. In order to comply with the policies of the Official Plan, Part 3 on the draft reference plan should be rezoned to reflect the prohibition of the use of the property for a single detached dwelling but would still permit the other uses of the property in accordance with Section E 2.2.4 as noted above. Recommendation It is recommended that Development Application P-113/00 a proposed Zoning By-law Amendment proceed to a Public Meeting in accordance with the requirements of the Planning Act. 2