09 06 2013 SpCommittee of Adjustment AgendaPage
CWiv;iub.../..lumshipof
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Proud Heritage, Exciting Future
1. OPENING OF MEETING:
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
THE TOWNSHIP OF ORO- MEDONTE
SPECIAL COMMITTEE OF ADJUSTMENT
MEETING AGENDA
COUNCIL CHAMBERS
Friday, September 6, 2013
TIME: 10:00 a.m.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. PUBLIC MEETINGS:
2 - 24 a) 2013 -A -39 (Democrat Maplewood Ltd),
Emerald Terrace, (51M-957 Lots 100 -2, 104, 107 -8, 112, 116),
Request for relief from Model home for the sale of dwelling units located on
lands within the limits of the Township.
5. NEXT MEETING DATE:
Thursday, September 19, 2013 at 10:00 a.m.
6. ADJOURNMENT:
a) Motion to Adjourn.
Page 1 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
77rn shi,a�
Proud Heritage, @wi ling Amire
TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
2013 -A -39
To: Committee of Adjustment
Prepared By:
Derek Witlib, Manager
Development Services
Meeting Date:
September 6, 2013
Subject: Variance Application
(Democrat Maplewood Ltd.)
Lots 100 -102, 104, 107, 108, 112 &
116, Registered Plan 51M-957
(Former Township of Oro)
Motion #
Roll #:
4346 -010- 003 - 26600,
26601, 26602, 26604,
26607, 26608, 26612 &
26616
R.M.S. File #:
D13 -46468
REQUIRED CONDITIONS:
N/A
BACKGROUND:
The applicant is proposing to construct eight model homes within a development known as Phase 2 of
Diamond Valley Estates. Phase 2 consists of 18 lots within an overall 128 lot plan of subdivision.
ANALYSIS:
Section 5.36 of Zoning By -law contains provisions regarding "Temporary Construction and Sales Uses"
and, specifically, Subsection b) states that "Nothing in this By -law shall prevent the use of land for ... a
model home for the sale of dwelling units .., on lands within the limits of the Township ... ". Therefore,
the applicant is requesting relief from the following provision of Zoning By -law 97 -95:
Section 5.36 - Temporary Construction and Sales Uses
b) Model home for the sale of dwelling units located
on lands within the limits of the Township
Maximum Permitted
1 model home
Proposed
8 model
homes
FINANCIAL:
Potential financial and legal implications should the decision of the Committee of Adjustment be
appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision.
Development Services
Application No. 2013 -A -39
Meeting Date: September 6, 2013
Page 1 of 12
Page 2 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
IPOLICIES /LEGISLATION:
Do the variances conform to the general intent of the Official Plan?
Pursuant to Schedule "A" to the Official Plan, the lands subject to this application are designated
Residential and are located in the Sugar Bush settlement area. Permitted uses in this designation
include single detached dwelling and /or model homes.
The lands subject to this application, form part of a registered plan of subdivision in which the
developer (2008625 Ontario Ltd.) is currently working towards the substantial completion of primary
services (e.g. roads, ditches, culverts, utilities). The developer is obligated by the terms of a
registered subdivision agreement to obtain from the Township a Certificate of Substantial Completion
once the required services have been installed, inspected and properly documented. The Certificate
of Substantial Completion is required before the Town will consider removing the Holding (H)
provisions from the zoning of the lots and the issuance of building permits. As of the preparation of
this report, the developer has not yet satisfied the requirements for the Certificate of Substantial
Completion. Therefore, the lands are only eligible for one model home at this time. In order to
expedite the construction of homes that have already been conditionally sold, the builder (Democrat
Maplewood Ltd.) is seeking relief from the Zoning By -law in order to construct eight homes.
Since the lands are within a registered residential plan of subdivision, the proposal is considered to
conform to the general intent of the Official Plan.
Do the variances meet the general intent of the Zoning By -law, and are the variances
appropriate for the desirable development of the lot?
The subject lands consist of eight separate registered lots that are all zoned Residential One Holding
(R1(H)) Zone. The Holding (H) provision was placed on the zoning of the lands to ensure that
development related matters, including the completion of primary services, are addressed to the
satisfaction of the Township before the "H" is removed and building permits are issued.
Section 5.36 of the Zoning By -law allows for the construction of a maximum of one model home
within a development, in advance of the completion of other development related matters. The model
home is intended to allow the builder to showcase the product being offered, as well as function as a
sales centre for the development. In the past the Committee of Adjustment has approved variances
in other developments for up to 3 model homes to allow the builders to showcase different home
designs being offered.
The number of model homes and /or sales offices to be constructed in an area is limited for various
reasons, including: to limit the extent to which the character of a residential area is changed by the
existence of buildings not being used as residences, to limit the amount of traffic generated in an area
by such non - residential uses, and to ensure that the necessary functional services (e.g. roads,
services, grading, stormwater management) are in place and properly constructed before any
significant amount of development is permitted to take place.
The intent of this variance request in this case is to allow the builder to proceed with the construction
of eight single detached dwellings for immediate sale and not for the purposes of model homes.
Development Services Meeting Date: September 6, 2013
Application No. 2013 -A -39 Page 2 of 12
Page 3 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
Instead, the builder has requested the variance in order to meet sales commitments that may be
jeopardized by delays related to the developer not yet satisfying the requirements for obtaining the
Certificate of Substantial Completion.
Since the proposed single detached dwellings are not intended to be used as model homes, Planning
Staff is of the opinion that the requested variance does not meet the purpose and intent of the Zoning
By -law.
The establishment of homes on 8 lots within the subdivision in advance of certification that
preliminary servicing has been substantially completed is not desirable for the development and could
result in complications in the event that the homes are sold or occupied while the preliminary services
are not adequately completed or not functioning property.
Are the variances minor?
The requested relief from the Zoning By -law's model home provisions is not considered minor by
Planning Staff, for the reason's that 8 model homes represents a disproportionately large number of
homes within a relatively small development comprising 18 lots. The number of model homes
requested cannot be justified in terms of the reasonable need for promotional and display and sales
purposes.
ICONSULTATIONS:
Transportation —
Building —
Environmental Services —
IATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Sketches for Proposed Minor Variance
ICONCLUSION:
In the opinion of the Planning Department, the proposal by Democrat Maplewood Ltd. in Variance
Application 2013 -A -39, specifically, to permit the construction of 8 additional model homes on Lots
100 -102, 104, 107, 108, 112 & 116 in Diamond Valley Estates Phase 2 does not meet 3 of the four
tests set out in the Planning Act. Therefore, Planning Services Staff recommends that the application
be refused.
Respectfully submitted:
erek Witlib, MCIP, RPP
Manager, Planning Services
Development Services
Application No. 2013 -A -39
Meeting Date: September 6, 2013
Page 3 of 12
Page 4 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
SCHEDULE 1: LOCATION MAP
2013 -A -39 (Democrat Maplewood Ltd.)
Development Services Meeting Date: September 6, 2013
Application No. 2013 -A -39 Page 4 of 12
Page 5 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
SCHEDULE 2: SKETCHES FOR PROPOSED MINOR VARIANCE
2013 -A -39 (Democrat Maplewood Ltd.)
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8 APR 2013
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LOT-100
Development Services Meeting Date: September 6, 2013
Application No. 2013 -A -39
Page 5 of 12
Page 6 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
REVISMNS
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DATE: JUNE ii. 00r".
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Development Services Meeting Date: September 6, 2013
Application No. 2013 -A -39 Page 6 of 12
Page 7 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
B
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REVISIONS
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Development Services
Application No. 2013 -A -39
Meeting Date: September 6, 2013
Page 7 of 12
Page 8 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
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Development Services
Application No. 2013 -A -39
Meeting Date: September 6, 2013
Page 8 of 12
Page 9 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
REVSIONS
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Development Services Meeting Date: September 6, 2013
Application No. 2013 -A -39
Page 9 of 12
Page 10 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
REVISIONS
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NOTES:
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Development Services
Application No. 2013 -A -39
Meeting Date: September 6, 2013
Page 10 of 12
Page 11 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
REVISIONS
EVESCRIPTOR
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TOPO SURVEY NOTE
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DATE AUGUST 2. 2013
VALDOR ENGINEERING N.
DIAMOND VALLEY
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15 GERALD TEIMACE
DINAR BY
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Development Services
Application No. 2013 -A -39
Meeting Date: September 6, 2013
Page 11 of 12
Page 12 of 24
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
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9 APR 2013 i 1:230
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Development Services Meeting Date: September 6, 2013
Application No. 2013 -A -39 Page 12 of 12
Page 13 of 24
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4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
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4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
Brissette, Marie
cat �t-ha.
To:
Subject:
Brissette, Marie
RE: Correspondence for Sept. 6 C of A
From: Todd Robinson [mailto: ]
Sent: Wednesday, September4, 2013 8:59 PM
To: Coutanche, Mel
Cc: Leigh, Andria; Witlib, Derek; Hughes, Harry; Dunn, Robin
Subject: Re: New to Oro - Medonte / MC 2 RTR / update Sep 4, 2013
Thank you for your timely response Councillor Coutanche.
Please feel free to share this letter at the Sept. 6 2013 meeting with Council and City Staff.
According to the information that Democrat has given me, the point of contention is the driveway culverts and
retaining walls, which are the responsibility of the developer. Apparently lack of this detail was not an issue
worthy of posting "Stop Work orders" with phase one and the house construction proceeded without delay.
Now in phase 2 it is a problem.
This is not the first home that my wife and 1 have bought from a builder, so we have witnessed some interesting
unforeseen circumstances that sometimes delay construction. I truly do not believe that either the builder or the
developer made a deliberate or conscious decision to try and "side step" any responsibilities to the township's
process. The inspection process is in place for a reason and I think everyone involved has full respect for it. But
sometimes we need to step back and review the process, even adapt a little bit when no harm is being done.
I see the need for the culverts to be in place for safe movement of people, equipment and supplies on and off the
lots. But in my opinion the culvert decorative retaining walls should be part of the final grading process, after
the structure is built. It doesn't make any sense to me to construct these decorative walls that will likely get
damaged by the movement of heavy machinery during the construction process.
So, also in my opinion, the "Stop Work orders" are a very extreme measure taken by the City Staff. Let alone
holding up the issuing of building permits to Democrat until this issue is resolved. It is my understanding that
even when this gets resolved, the building permits will only then resume the approval process?
At the other end of this bureaucratic red tape are at least 20 families, anxiously awaiting their new homes in
Oro - Medonte (future rate payers). Families that have also made large financial and time commitments on their
current residences; that have probably been sold to other families (a very unpleasant and
stressful domino effect). Families that could be put unnecessarily into hotels with doubled up moving expenses
on account of some decorative retaining walls. A minor detail that will get done before the Township releases
the final grading approval.
In the meantime, mother nature waits for no one. The colder months are approaching quicker than we like. I do
not like the idea that our home is going to be built by trades with frozen appendages. I have witnessed that the
finished product of a home built in winter is never as sound as one that, at least the envelope, was constructed
before the first frost. I can not describe the anxiety and emotions I am feeling, knowing that our new home may
get built in the worst season on account of Bureaucrats. Unlike other unforeseen circumstances (weather, labour
strikes, supplies, etc...), this "stop work order" situation was preventable, if not questionably necessary.
t
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4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
Regards,
Todd Robinson
2
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4.a) 2013 -A -39 (Democrat Maplewood Ltd),Emerald Terrace, (51...
Brissette, Marie
Subject: RE: 2013 -A -39 (Democrat Maplewood Ltd),
Contact: All members of Council, CAO and Clerk
Regarding: THE TOWNSHIP OF ORO- MEDONTE SPECIAL COMMITTEE OF ADJUSTMENT MEETING
AGENDA COUNCIL CHAMBERS Friday, September 6, 2013 TIME: 10:00 a.m. From: Todd Robinson,
purchaser of Lot 114, Emerald Terrace. Future Rate Payer to Oro Medonte Township. As I am unable to get
time off work to attend in person, please see that the following letter is read before council. This letter has
already been sent to Councillor Coutanche, but I want to make sure that all the families impacted by this
"situation" are heard. Thank you... According to the information that Democrat has given me, the point of
contention (Stop work orders) is the driveway culverts and retaining walls, which are the responsibility of the
developer. Apparently lack of this detail was not an issue worthy of posting "Stop Work orders" with phase one
and the house construction proceeded without delay. Now in phase 2 it is a problem. This is not the first home
that my wife and I have bought from a builder, so we have witnessed some interesting unforeseen circumstances
that sometimes delay construction. I truly do not believe that either the builder or the developer made a
deliberate or conscious decision to try and "side step" any responsibilities to the township's process. The
inspection process is in place for a reason and I think everyone involved has full respect for it. But sometimes
we need to step back and review the process, even adapt a little bit when no harm is being done. I see the need
for the culverts to be in place for safe movement of people, equipment and supplies on and off the lots. But in
my opinion the culvert decorative retaining walls should be part of the final grading process, after the structure
is built. It doesn't make any sense to me to construct these decorative walls that will likely get damaged by the
movement of heavy machinery during the construction process. So, also in my opinion, the "Stop Work orders"
are a very extreme measure taken by the City Staff. Let alone holding up the issuing of building permits to
Democrat until this issue is resolved. It is my understanding that even when this gets resolved, the building
permits will only then resume the approval process? At the other end of this bureaucratic red tape are at least 20
families, anxiously awaiting their new homes in Oro - Medonte (future rate payers). Families that have also made
large financial and time commitments on their current residences; that have probably been sold to other families
(a very unpleasant and stressful domino effect). Families that could be put unnecessarily into hotels with
doubled up moving expenses on account of some decorative retaining walls. A minor detail that will get done
before the Township releases the final grading approval. In the meantime, mother nature waits for no one. The
colder months are approaching quicker than we like. I do not like the idea that our home is going to be built by
trades with frozen appendages. I have witnessed that the fmished product of a home built in winter is never as
sound as one that, at least the envelope, was constructed before the first frost. I can not describe the anxiety and
emotions I am feeling, knowing that our new home may get built in the worst season on account of Bureaucrats.
Unlike other unforeseen circumstances (weather, labour strikes, supplies, etc...), this "stop work order" situation
was preventable, if not questionably necessary. Regards, Todd Robinson
Name: Todd Robinson
E -mail Address:
Phone Number:
i
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