Loading...
12 03 2015 Development Services Committee - Public HearingsTownship o� Proud Heritage, Exciting Future Wednesday, December 2, 2015 Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Barbara Coutanche Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford Councillor Scott Jermey The Township of Oro-Medonte Development Services Committee Council Chambers Time: 5:37 p.m. Staff Derek Witlib, Manager, Planning Services; Janette Teeter, Supervisor, Present: Clerk's Services/Deputy Clerk; Adrianna Spinnosa, Planner; Deborah -Ann Liske, Planner; Teresa Falconi, Development Services Administrative Assistant Also Dave Vinson, Ann Truyens, Larry Tupling, Caroline & Allan Norman, Allan Present: Cole, Robert Gray, Sarah Clarke, John Clarke, Marnie Allen, Jocelyn & Peter McArthur, Ted Kruska, Donna Lerch, Cameron Sellers 1. Opening of Meeting: Deputy Mayor Hough assumed the Chair and called the meeting to order. 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. Motion No. DSC151202-1 Moved by Jermey, Seconded by Crawford It is recommended that the agenda for the Development Services Committee meeting of Wednesday, December 2, 2015 be received and adopted. Carried. Page 1 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. 3. Disclosure of Pecuniary Interest: None declared. 4. Adoption of Minutes: a) Minutes of the Development Services Committee meeting held on Wednesday, November 4, 2015. Motion No. DSC151202-2 Moved by Macpherson, Seconded by Hall It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, November 4, 2015 be adopted as printed and circulated. Carried. Page 2 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. 5. Public Meetings: a) Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, 2015-OPA-01, 2015-ZBA-12, Concession 8, Northeast Part Lot 2, Southeast Part Lot 3, 3674 Line 8 North (Vinson). Deputy Mayor Hough called the meeting to order at 5:39 p.m. and explained the public meeting has been called in accordance with Sections 17, 22, and 34 of the Planning Act, to obtain public comment with respect to proposed Development Applications. Official Plan Amendment Application 2015-OPA-01 (Vinson) proposes a site specific Agricultural designation to permit on-farm diversified uses. The amendment proposes a new subsection in Section C1.4 as follows: "Notwithstanding any other policy in this Plan, on the lands subject to this Section, a motor vehicle repair garage and well drilling business shall be permitted as an on-farm diversified use that is secondary to the agricultural use of the property. Zoning By-law Amendment Application 2015-ZBA-12 (Vinson) proposes to re -zone a portion of the subject lands from Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU*##) Zone to permit as secondary uses a well drilling business and a motor vehicle repair garage. The on-farm diversified uses would be secondary to the existing agricultural use on the property. Notice of the Public Meeting was mailed to landowners within 120 metres of the specified site on November 12, 2015 and a notice sign was posted on the subject property on November 11, 2015. The following correspondence was received: Sally Gray dated November 26, 2015; Carol Gray dated November 25, 2015; Sarah Clarke received December 1, 2015; Joshua Morgan, Morgan Planning & Development Inc. dated December 1, 2015; Simcoe County District School Board dated November 17, 2015. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Jamie Robinson, Partner, MHBC Planning, on behalf of applicant, presented an overview. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the proposed amendment: Sarah Clarke. Deputy Mayor Hough advised that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review through the Township's website. There being no further comments or questions, the meeting adjourned at 6:20 p.m. Page 3 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. 6. Public Hearings: a) Report No. DS2015-122, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-39 (Ballantyne), 2 Windfield Drive East, Concession 5, Plan M-187, Lot 36. The following correspondence was received: Allan Norman dated November 26, 2015; Bryan Davidson dated November 25, 2015; Larry and Kim Bell received November 30, 2015; Simcoe Country District School Board dated November 23, 2015. Rob Ballantyne, applicant, was present. Marnie Allan, provided concerns with respect to distance of circulation notice, size of building, number of commercial vehicles and number of driveways. Kate Ballantyne provided comments with respect to confirming no deliveries would take place at the location and there are no additional employees at the location. Rick Stewart provided comments with respect to construction vehicles coming to the property; size of building, a future owner using the building as a commercial business. Motion No. DSC151202-3 Moved by Crawford, Seconded by Jermey It is recommended: 1. That Report No. DS2015-122, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-39 (Ballantyne), 2 Windfield Drive East, Concession 5, Plan M-187, Lot 36 be received and adopted. 2. That Minor Variance Application 2015-A-39 by R. Ballantyne & K. Ballantyne, specifically to permit an accessory building with an increased floor area of 150.32 square metres (1618 square feet) and a home occupation in a detached accessory building with a floor area of 100% of the building, on lands located in Concession 5, Plan M-187, Lot 36 (Oro), Township of Oro-Medonte, known as 2 Windfield Drive East, be approved. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Sections 5.1.6 and 5.12 (e) of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. d. That notwithstanding Section 5.1.6 no more than one accessory building is permitted to be constructed in the subject property; 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 4 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. b) Report No. DS2015-121, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-38 (Wood), 7 Alpine Drive, Concession 8, Plan 1650, Lot 86 ROW Block B. The following correspondence was received: None. Hank Nauta, Nauta Home Designs, agent on behalf of applicant, was present. Motion No. DSC151202-4 Moved by Coutanche, Seconded by Hall It is recommended: 1. That Report No. DS2015-121, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-38 (Wood), 7 Alpine Drive, Concession 8, Plan 1650, Lot 86 ROW Block B be received and adopted. 2. That Minor Variance Application 2015-A-38 by C. Wood, specifically to permit an accessory building with an increased floor area of 85 square metres (915 square feet) and an increased height of 5.35 metres (17.55 feet) on lands located in Concession 8, Plan 1650, Lot 86 (Medonte), Township of Oro-Medonte, known as 7 Alpine Drive, be approved. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Sections 5.1.4 and 5.1.6 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That if the owner/applicant intends to maintain the second entrance/access onto Alpine Drive, that the required entrance permit be submitted and approved by the Township's Transportation and Environmental Services Department; d. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 5 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. c) Report No. DS2015-119, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-18, William St. Clair, 1017 Line 8 North. The following correspondence was received: Lake Simcoe Region Conservation Authority dated November 25, 2015. No one was present on behalf of the applicant. Motion No. DSC151202-5 Moved by Jermey, Seconded by Crawford It is recommended: 1. That Report No. DS2015-119, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-18, William St. Clair, 1017 Line 8 North be received and adopted. 2. That Minor Variance Application 2015-A-18 by W. St. Clair, specifically to permit the construction of an accessory building with an increased floor area of 140 square metres and a reduced setback to an Environmental Protection (EP) Zone of 25 metres, on lands located in Concession 9, West Part Lot 15, Registered Plan 51 R5295, Part 1 (Oro), Township of Oro-Medonte, known as 1017 Line 8 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Sections 5.1.6 and 5.28 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the subject property be brought in conformity with Sections 5.23 and 5.25.g; d. That the applicant obtain a permit from the Lake Simcoe Region Conservation Authority which includes the implementation of the Natural Heritage Evaluation prepared by Palmer Environmental Consulting Group Inc., dated September 2015; e. That Staff require an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the foundation wall; 2) verifying by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition be located no closer than 2.0 metres from the rear and interior side lot lines; and f. That the appropriate Zoning Certificate, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. Page 6 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. d) Report No. DS2015-124, Deborah -Ann Liske, Planner re: Minor Variance Application, 2015-A-35 (Cole), 27 Bard's Beach Road, PLAN 546 West Part Lot 6. The following correspondence was received: Simcoe County District School Board dated November 23, 2015; Nottawasaga Valley Conservation Authority received November 25, 2015. Allan Cole, applicant, was present. Larry Tupling provided comments that he had no objection to the application; he expressed concerns with the decision-making process. Motion No. DSC151202-6 Moved by Macpherson, Seconded by Coutanche It is recommended: 1. That Report No. DS2015-124, Deborah -Ann Liske, Planner re: Minor Variance Application, 2015-A-35 (Cole), 27 Bard's Beach Road, PLAN 546 West Part Lot 6 be received and adopted. 2. That Minor Variance Application 2015-A-35 by Allan and Joanne Cole, specifically to permit the construction of a deck with a reduced setback from average high water mark of Bass Lake of 8.9 metres (29.2 feet) on lands located in Plan 546, West Part Lot 6, Township of Oro-Medonte, known as 27 Bard's Beach Road, be approved. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That the appropriate Zoning Certificate, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. d. That the applicant obtain any permit/approval required from the N.V.C.A. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Council recessed at 7:27 p.m. and reconvened at 7:32 p.m. Page 7 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. e) Report No. DS2015-125, Deborah -Ann Liske, Planner, re: Minor Variance Application, 2015-A-41 (Braestone Development Corporation), 12 Belgian Court (Lot 31), CON 9 LOT 3 PT LOT 2 RP, 51 R21804 PART 1. The following correspondence was received: Simcoe County District School Board dated November 23, 2015. Ted Kruska, C.C. Tatham & Associates Ltd., on behalf of the applicant, was present. Motion No. DSC151202-7 Moved by Crawford, Seconded by Jermey It is recommended 1. That Report No. DS2015-125, Deborah -Ann Liske, Planner, re: Minor Variance Application, 2015-A-41 (Braestone Development Corporation), 12 Belgian Court (Lot 31), CON 9 LOT 3 PT LOT 2 RP, 51 R21804 PART 1 be received and adopted. 2. That Minor Variance Application 2015-A-41 by Braestone Development Corporation, specifically to permit a detached accessory building in the front yard with a front yard setback of approximately 7.5 metres, on lands located in Concession 9, Lot 3, Part Lot 2, RP 51 R21804 Part 1 (Lot 31) Township of Oro-Medonte, known as 12 Belgian Court, be approved. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Section 5.1.3 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law and approved minor variance 2014-A-29; b. That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c. That an Ontario Land Surveyor provide verification to the Township that the location of the proposed accessory building is in compliance with the Committee's decision by 1) pinning the foundation wall; 2) verifying by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation; and d. That the appropriate Zoning Certificate and Building Permits be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 8 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. f) Report No. DS2015-117, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-42 (Clarke), 83 Lakeshore Road East, Lots 15 and 28, Plan 798. The following correspondence was received: Simcoe County District School Board dated November 23, 2015; Township's Building Department received November 19, 2015; Lake Simcoe Region Conservation Authority dated December 2, 2015. John Clarke, applicant, was present. Donna Lerch provided concerns with respect to the impacts on views. Larry Lerch provided comments with respect to proximity of lot lines. Motion No. DSC151202-8 Moved by Hall, Seconded by Hughes It is recommended 1. That Report No. DS2015-117, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-42 (Clarke), 83 Lakeshore Road East, Lots 15 and 28, Plan 798 be received and deferred to obtain additional information regarding - height of proposed covered porch, - height of existing boathouse. - and all new heights proposed. Carried. Page 9 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. g) Report No. DS2015-118, Adrianna Spinosa, Planner re: Consent Application, 2015-13-33 (Barmedoro Holdings Ltd.) (Stanfred Holdings Ltd.), 2092 Horseshoe Valley Rd. W., 2109 Horseshoe Valley Rd. W., 3406 Penetanguishene Rd. The following correspondence was received: Simcoe County District School Board dated November 23, 2015. No one was present on behalf of the applicant. Motion No. DSC151202-9 Moved by Macpherson, Seconded by Hall It is recommended: 1. That Report No. DS2015-118, Adrianna Spinosa, Planner re: Consent Application, 2015-B-33 (Barmedoro Holdings Ltd.) (Stanfred Holdings Ltd.), 2092 Horseshoe Valley Rd. W., 2109 Horseshoe Valley Rd. W., 3406 Penetanguishene Rd be received and adopted. 2. That the Development Services Committee defer a decision with regard to Consent Application 2015-B-33 (Barmedoro Holdings Ltd.) to obtain additional information from the applicant regarding the status of the existing lot(s). 3. And that the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. Page 10 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. h) Report No. DS2015-126, Derek Witlib, Manager, Planning Services re: Consent Application 2015-B-35 and Minor Variance Application 2015-A-43 by Estate of Mary Grace Wright, 19 & 21 Pemberton Lane, Part of Lot 1, Range 1 (Oro). The following correspondence was received: Simcoe County District School Board dated November 25, 2015; Township's Transportation Department received November 20, 2015; Lake Simcoe Region Conservation Authority dated December 2, 2015. Susan Wright and Cathy Southey, applicants, were present. Motion No. DSC151202-10 Moved by Coutanche, Seconded by Macpherson It is recommended 1. That Report No. DS2015-126, Derek Witlib, Manager, Planning Services re: Consent Application 2015-B-35 and Minor Variance Application 2015-A-43 by Estate of Mary Grace Wright, 19 & 21 Pemberton Lane, Part of Lot 1, Range 1 (Oro) be received and adopted. 2. That the Development Services Committee defer a decision with regard to Consent Application 2015-B-35 and Minor Variance Application 2015-A-43 (Estate of Mary Grace Wright) to obtain additional information regarding the status of the existing lot. 3. And that the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. Page 11 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. i) Report No. DS2015-123, Andria Leigh, Director, Development Services re: Consent Application, 2015-B-34 (Huronia Driftwood Restaurants & 933833 Ontario Limited), 56 Line 11 North & 154 Line 11 North, Con 11, Pt Lot 20. The following correspondence was received: Martin N. Rain dated December 1, 2015; Simcoe County District School Board dated November 23, 2015; Ministry of Transportation received November 26 and December 2, 2015; Lake Simcoe Region Conservation Authority dated November 26, 2015. Cameron Sellers, Innovative Planning Solutions, agent on behalf of applicant, was present. Motion No. DSC151202-11 Moved by Jermey, Seconded by Crawford It is recommended: 1. That Report No. DS2015-123, Andria Leigh, Director, Development Services re: Consent Application, 2015-B-34 (Huronia Driftwood Restaurants & 933833 Ontario Limited) 56 Line 11 North & 154 Line 11 North, Con 11, Pt Lot 20 be received. 2. That the Development Services Committee grant provisional consent to Application 2015-B-34 to permit a boundary adjustment/lot addition of a 21.8 hectare (53.86 acre) parcel from 154 Line 11 North to 56 Line 11 North, subject to the following conditions: a) That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary -Treasurer; b) That the severed lands, with an area of approximately 21.8 hectares (53.86 acres) be merged in title with the property at 56 Line 11 North, and that the provisions of Section 50(3) and 50(5) of The Planning Act apply to any subsequent conveyance or transaction involving the subject land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel, and the said abutting parcel shall merge in title and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary -Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identification Number. c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d) That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; e) That the applicant satisfy Requirements 1 and 3 of the Ministry of Transportation in its letter of November 26, 2015; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 12 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. 7. Deputations: None. 8. Reports of Municipal Officers: a) Report No. DS2015-120, Andria Leigh, Director, Development Services re: Planning Status Report. Motion No. DSC151202-12 Moved by Coutanche, Seconded by Hall It is recommended that Report No. DS2015-120, Andria Leigh, Director, Development Services re: Planning Status Report be received for information purposes and posted on the Township's website. Carried. b) Report No. DS2015-128, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2015-ZBA-13 (Peter & Jocelyn McArthur), 421 Penetanguishene Road, Part of Lot 7, Con.1 EPR (Oro), Township of Oro-Medonte [Refer to Item 5f) of December 2, 2015 Council agenda]. Motion No. DSC151202-13 Moved by Jermey, Seconded by Crawford It is recommended: 1. That Report No. DS2015-128, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2015-ZBA-13 (Peter & Jocelyn McArthur), 421 Penetanguishene Road, Part of Lot 7, Con.1 EPR (Oro), Township of Oro-Medonte regarding be received and adopted. 2. That Zoning By-law Amendment Application 2015-ZBA-13, that would rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 264 Hold (A/RU*264(H)) Zone on Schedule A9 to Zoning By-law No. 97-95, be approved. 3. That the appropriate zoning by-law amendment be brought forward for Council's consideration with the required Holding (H) Provision not to be removed until such time as Site Plan Approval has been granted and a Site Plan Agreement registered by the Township. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. The Committee consented to permit Peter McArthur to provide comments on the application. Correspondence was submitted to staff. Page 13 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. c) Andria Leigh, Director, Development Services re: By -Law No. 2015-210: A By-law to Constitute and Appoint a Development Services Committee and to Repeal By-law 2014- 198 [Refer to Item 5g) of December 2, 2015 Council agenda]. Motion No. DSC151202-14 Moved by Coutanche, Seconded by Macpherson It is recommended 1. That draft By -Law No. 2015-210: A By-law to Constitute and Appoint a Development Services Committee and to Repeal By-law No. 2014-198 and presented by Derek Witlib, Manager, Planning Services be received. 2. And That draft By -Law No. 2015-210 be brought forward for Council's consideration. Carried. 9. Communications: a) Correspondence dated November 4, 2015 from Glen & Monique Lloyd re: Minor Variance Application 2015-A-36. Motion No. DSC151202-15 Moved by Hughes, Seconded by Jermey It is recommended 1. That the correspondence dated November 4, 2015 from Glen & Monique Lloyd re: Minor Variance Application 2015-A-36 be received. 2. That the request for a refund in the amount of $700 be approved. 3. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. 10. Next Meeting Date: Wednesday, January 6, 2016. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting / Hearings Items: Page 14 of 15 Development Services Committee Minutes — Wednesday, December 2, 2015. 12. Adjournment: a) Motion to Adjourn. Motion No. DSC151202-16 Moved by Hall, Seconded by Macpherson It is recommended that we do now adjourn at 9:55 p.m. Carried. 21L, Deputy Mayor ough,Wr Derek Witlib, Deputy Secretary -Tr surer Page 15 of 15