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05 04 2016 Development Services Committee MinutesTowrasI of Proud Heritage, Elcitiq Future Wednesday, May 4, 2016 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: 5:31 p.m. Staff Andria Leigh, Director, Development Services; Hugh Murray, Fire Chief; Present: Derek Witlib, Manager, Planning Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Adrianna Spinosa, Intermediate Planner; Deborah -Ann Liske, Planner; Donna Hewitt, Director, Corporate & Strategic Initiatives; Samah Othman, Supervisor, Communications and Customer Service 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. DSC160504-1 Moved by Coutanche, Seconded by Macpherson It is recommended that the agenda for the Development Services Committee meeting of Wednesday, May 4, 2016 be received and approved. Carried. Page 1 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. 3. Disclosure of Pecuniary Interest: None declared. 4. Adoption of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 6, 2016. Motion No. DSC160504-2 Moved by Crawford, Seconded by Hall It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 6, 2016 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. 6. Public Hearings: a) Report No. DS2016-037, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2016-A-01 (Clark) 364 Line 3 South, North Part of Lot 23, Concession 3 (Oro), Township of Oro-Medonte. The following correspondence was received: Simcoe County District School Board dated April 19, 2016; Bell Canada, Right of Way dated April 19, 2016; Township of Oro- Medonte, Transportation Division dated April 21, 2016; Township of Oro-Medonte, Building Division dated April 21, 2016; County of Simcoe dated April 29, 2016; Nottawasaga Valley Conservation Authority dated May 4, 2016. Bruce Clark, applicant, was present. He provided comments describing methods of odour control. Additional correspondence was submitted to the Manager, Planning Services. Bernard Pope, Vice President, on behalf of Simcoe County Federation of Agriculture provided comments in support of the application. He provided concerns regarding the proposed fire hall building with respect to the development of the barns. Phil Hood expressed comments with respect to setbacks, "curbside appearance" and odors. Motion No. C150504-3 Moved by Crawford, Seconded by Hall It is recommended: 1. That Report No. DS2016-037, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2016-A-01 (Clark) 364 Line 3 South, North Part of Lot 23, Concession 3 (Oro), Township of Oro-Medonte be received and adopted. 2. That Minor Variance Application 2016-A-01 by Bruce and Elizabeth Clark, to recognize the following reduced Minimum Distance Separations from a proposed livestock building: 370 metres to the nearest Type A Land Use (dwelling), 200 metres to the nearest Type B Land Use (institutional) and 30 metres to the nearest road allowance, be deferred to allow the applicant to obtain and submit additional information and justification. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Defeated. Page 3 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. Motion No. DSC160504-4 Moved by Crawford, Seconded by Hall It is recommended 1. That Report No. DS2016-037, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2016-A-01 (Clark) 364 Line 3 South, North Part of Lot 23, Concession 3 (Oro), Township of Oro-Medonte be received. 2. That Minor Variance Application 2016-A-01 by Bruce and Elizabeth Clark, to recognize the following reduced Minimum Distance Separations from a proposed livestock building: 370 metres to the nearest Type A Land Use (dwelling), 200 metres to the nearest Type B Land Use (institutional) and 30 metres to the nearest road allowance, be approved. 3. 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 4 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. b) Report No. DS2016-027, Adrianna Spinosa, Intermediate Planner re: Minor Variance Application 2016-A-07 (South Shore Isabella Estates) Owen Estates Subdivision. The following correspondence was received: Simcoe County District School Board dated April 19, 2016; Ministry of Transportation dated April 19, 2016; Township of Oro- Medonte, Environmental Services Division dated April 19, 2016; Township of Oro- Medonte, Transportation Division dated April 21, 2016; Township of Oro-Medonte, Building Division dated April 21, 2016. Josh Morgan, Morgan Planning & Development, agent on behalf of applicant, was present. Motion No. DSC160504-5 Moved by Macpherson, Seconded by Coutanche It is recommended: 1. That Report No. DS2016-027, Adrianna Spinosa, Intermediate Planner re: Minor Variance Application 2016-A-07 (South Shore Isabella Estates) Owen Estates Subdivision be received and adopted. 2. That Minor Variance Application 2016-A-07 by South Shore Isabella Estates, specifically to permit three (3) model homes on lands located in Part of Lot 5, Concession 14 (Medonte), Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That the three proposed additional model homes be built on future Lots 7, 19, and 27 as identified on the applicant's plan; b) That all other forms of development associated with the model homes, including setbacks on the future lots, be in conformity with the Residential One Hold (R1 (H)) Zone in Zoning By-law 97-95, as amended; c) That, prior to the issuance of any Model Home Permit(s), the applicant shall, solely at the developer's cost, construct and maintain the future public road, to a standard satisfactory to the Township for the purpose of providing safe and adequate access to the model homes, until such time as the road is assumed by the Township; d) That a Ministry of Transportation Building and Land Use Permit be obtained for construction of the Model Home on Lot 19; e) That the applicant enter into a Model Home Agreement with the Township, prior to issuance of Zoning Certificates; and f) That the appropriate Zoning Certificates 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 5 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. c) Report No. DS2016-032, Deborah -Ann Liske, Planner re: Minor Variance Application 2016-A-08 (Braestone Farm Corporation) 3288 Line 9 North Concession 9, South Part Lot 1, RP 51 R25687 Part 1, RP 51 R4363 Part 2. The following correspondence was received: Bell Canada, Right of Way dated April 19, 2016; Simcoe Country District School Board dated April 19, 2016; Township of Oro- Medonte, Building Division dated April 21, 2016; Township of Oro-Medonte, Transportation Division dated April 21, 2016; Nottawasaga Valley Conservation Authority dated May 4, 2016. Ted Kruska, CC Tatham & Associates, on behalf of the applicant, was present. Motion No. DSC160504-6 Moved by Hall, Seconded by Crawford It is recommended: 1. That Report No. DS2016-032, Deborah -Ann Liske, Planner re: Minor Variance Application 2016-A-08 (Braestone Farm Corporation) 3288 Line 9 North Concession 9, South Part Lot 1, RP 51 R25687 Part 1, RP 51 R4363 Part 2 be received and adopted. 2. That Minor Variance Application 2016-A-08 specifically to permit the construction of detached garage with a 0 metre setback from the main dwelling on lands located on Concession 9, South Part Lot 1, RP 51 R25687 Part 1, RP 51 R4363 Part 2, Township of Oro-Medonte, known as 3288 Line 9 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1 of Zoning By-law 97-95, the detached garage, 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 approved by the Committee only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 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. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 6 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. d) Report No. DS2016-031, Deborah -Ann Liske, Planner re: Minor Variance Application 2016-A-09 (McPherson) 253 Lakeshore Road West PLAN 807 LOT 3 WATER LOT. The following correspondence was received: Simcoe Country District School Board dated April 19, 2016; Township of Oro-Medonte, Building Division dated April 21, 2016; Township of Oro-Medonte, Transportation Division dated April 21, 2016; Lake Simcoe Region Conservation Authority dated April 28, 2016. Andrew McPherson, applicant, was present. Motion No. DSC160504-7 Moved by Coutanche, Seconded by Macpherson It is recommended: 1. That Report No. DS2016-031, Deborah -Ann Liske, Planner re: Minor Variance Application 2016-A-09 (McPherson) 253 Lakeshore Road West PLAN 807 LOT 3 WATER LOT be received and adopted. 2. That Minor Variance Application 2016-A-09 specifically to permit the construction of a detached accessory building with an increased floor area of 101 square metres (1,087 square feet), on lands located on Lot 3, Plan 807 Township of Oro-Medonte, known as 253 Lakeshore Road West, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1 of Zoning By-law 97-95, the detached 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 approved by the Committee only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. c) That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Region Conservation Authority; 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 7 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. e) Report No. DS2016-036, Andria Leigh, Director, Development Services re: Minor Variance Application 2016-A-10 (Farova Investments Ltd.) 97 Line 7 South CON 8 W PT LOT 21 RP 51 R20880 PARTS 1-3. The following correspondence was received: Simcoe County District School Board dated April 19, 2016; Bell Canada, Right of Way dated April 19, 2016; Township of Oro- Medonte, Building Division dated April 21, 2016; Lake Simcoe Region Conservation Authority dated April 28 and May 4, 2016; Sharon and W. Roy Watson dated May 1, 2016; Durney & Evelyn O'Reilly dated April 30, 2016; Jason and Jackie Dupuis dated April 30, and May 4, 2016; Michael Rumble dated May 4, 2016; Ann Honeywood dated May 4, 2016; Paul Sanderson dated May 4, 2016; Sandra Beaton dated May 4, 2016; Dave Simonds dated May 4, 2016; Eileen and Al Schwartz dated May 4, 2016; Jim Partridge dated May 4, 2016; H. Leake dated May 4, 2016; County of Simcoe dated May 4, 2016; Scott Wagner dated May 4, 2016; Shirley and Wayne Busch dated May 4, 2016; Doug McBride dated May 4, 2016; Jo -Anne Boville dated May 4, 2016; David R. Donnelly dated May 4, 2016. Darren Vella, Innovative Planning Solutions Consulting Inc., agent representing Barrie Automotive Flea Market, was present. Bruce Wiggins, President of Save Oro opposed the application. Garth Daniels provided parking and access concerns, questioned ownership of the lands and questioned the timing of application being submitted. Robert Crawford stated that the lands are prime agricultural lands and he questioned the Official Plan designation. Ann Honeywood provided concerns regarding parking historically at the Barrie Automotive Flea Market and the proposed parking. All Sinclair provided concerns of the agricultural lands designation and the work that has been done on the lands. Correspondence was submitted to Members of Council and staff with respect to land classifications, a site plan and parking. Lisa Groves, Barrie Automotive Flea Market, provided comments with respect to confirmation of no site plan to date; and working within the limits of the application. Sharon Watson provided comments of zoning and official plan clarification; view of the parked cars, noise, and garbage. Bernard Pope provided agricultural concerns and viability, perceived action of Township approval, construction of roads as a permanent structure, question of illegal land use last year and the conflict of the current OMB hearing. Page 8 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. Motion No. DSC160504-8 Moved by Macpherson, Seconded by Coutanche It is recommended: 1. That Report No. DS2016-036, Andria Leigh, Director, Development Services re: Minor Variance Application 2016-A-10 (Farova Investments Ltd.) 97 Line 7 South CON 8 W PT LOT 21 RP 51 R20880 PARTS 1-3 be received and adopted. 2. That Minor Variance Application 2016-A-10 by Farova Investments Ltd., specifically to permit accessory day parking for a duration of eight (8) days in a calendar year for patrons attending the Barrie Automotive Flea Market, on the lands as outlined on the Minor Variance Schedule prepared by Innovative Planning Solutions dated April 11, 2016, at 97 Line 7 South, be deferred pending receipt of comments from the Ministry of Transportation and the Township's Transportation Services Department. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 9 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. f) Report No. DS2016-028, Adrianna Spinosa, Intermediate Planner re: Consent Application 2016-B-04 (Wright) 14 Cahiague Road MEDONTE CON 14 W PT LOT 11 RP 51 R36699 PART 2. The following correspondence was received: Simcoe County District School Board dated April 19, 2016; Bell Canada, Right of Way dated April 21, 2016; Township of Oro- Medonte, Building Division dated April 21, 2016; Township of Oro-Medonte, Transportation Division dated April 21, 2016; James Kirkey and Deanna Cote received May 4, 2016; Nottawasaga Valley Conservation Authority dated May 4, 2016. Karen Wright, applicant, was present. Mike Vandergeest provided support comments with respect to the benefit of the application being removed from the site. Motion No. DSC160504-9 Moved by Macpherson, Seconded by Coutanche It is recommended: 1. That Report No. DS2016-028, Adrianna Spinosa, Intermediate Planner re: Consent Application 2016-B-04 (Wright) 14 Cahiague Road MEDONTE CON 14 W PT LOT 11 RP 51 R36699 PART 2 be received and adopted. 2. That the Development Services Committee defer Consent Application 2016-B-04 for a boundary adjustment, on lands located at 14 Cahiague Road, to the Development Services Committee meeting June 1, 2016 subject to the determination by the County of Simcoe, Nottawasaga Valley Conservation Authority, and the Township, of whether its evaluation requires the preparation and review of an updated Environmental Impact Study (EIS). 3. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 10 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. g) Report No. DS2016-035, Andria Leigh, Director, Development Services re: Consent Application 2015-B-13 by Skyline Horseshoe Valley Inc. [Deferred from 08 13 2015 Development Services Committee meeting]. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 19, 2016; Uli and Barbara Surmann dated April 20, 2016; Melissa Petlichkov dated April 20 and April 23, 2016; John & Janet Fawcett dated April 21, 2016; John Mounstephen dated April 21, 2016; Blake Mounstephen dated April 22, 2016; Heather and Michael McGrean dated April 23, 2016; Liz Avison Dated April 23, 2016; Reynette Williams dated April 23, 2016; Barry and Nancy Cooper dated April 24, 2016; Genevieve Blais, Greg Cormack dated April 24, 2016; Kyle Roberts dated April 24, 2016; Len Watson dated April 24, 2016; Stuart and Kathleen Bower dated April 24, 2016; Alex and Joanna Boulanger dated April 25, 2016; Ami and Drew Patterson dated April 25, 2016; Jim Cooper dated March 9, 2016; Ann McGee dated April 25, 2016; Grant Ferguson dated April 25, 2016; Helen MacRae dated April 25, 2016; Jill Mymko dated April 25, 2016; Paul Stevens dated April 25, 2016. Michelle Cutts, Rudy & Associates Planning, on behalf of the applicant, was present. Mark Rogowski, on behalf of the applicant, was present. Helen McRae provided tree removal concerns, drainage concerns and development concerns (submitted correspondence). Steve Petlichkov provided development concerns, tree removal concerns and an agreement between 48 Tanglewood and the applicant. Ted Onyschuk provided tree removal / buffer concerns. Ian Veitch provided planning concerns as a whole. Don McKay provided tree removal concerns, drainage issues, development coordinating concerns and dust issues. Page 11 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. Motion No. DSC160504-10 Moved by Hall, Seconded by Crawford It is recommended: 1. That Report No. DS2016-035, Andria Leigh, Director, Development Services re: Consent Application 2015-B-13 by Skyline Horseshoe Valley Inc. be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2015-B-13 to permit a lot addition between Skyline Horseshoe Valley Inc. and Horseshoe Valley Lands Ltd., 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 as shown in blue on the Applicant's Consent Sketch be merged in title with Block 62 of Plan M-1035, being the abutting property, 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 all municipal taxes be paid to the Township of Oro-Medonte; f) 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; g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. h) That a Holding Provision be added to the subject lands. That no site alteration, tree removal, or pre -servicing works will occur and that the Holding Provision will not be removed by Council until such time as the Township is satisfied that the appropriate development agreement is executed with the landowner for any future residential development of the lands. That the developer provide an undertaking confirming that no tree removal, site alteration or pre -servicing will occur, in accordance with this condition. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 12 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. 7. Deputations: None. 8. Reports of Municipal Officers: a) Report No. DS2016-033,Andria Leigh, Director, Development Services re: Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Bachly Investments Inc., Registered Plan 51 M-1079 [Refer to Items 5a) & 5c) 05 04 2016 Council Agenda]. Motion No. DSC160504-11 Moved by Jermey, Seconded by Coutanche It is recommended: 1. That Report No. DS2016-033, Andria Leigh, Director, Development Services re: Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Bachly Investments Inc., Registered Plan 51 M-1079 be received and adopted. 2. That the Township issue the Certification of Substantial Completion and Acceptance (Municipal Underground Services) for Bachly Investments inc. dated April 25, 2016, Registered Plan 51 M-1079. 3. That the appropriate By-law to authorize the issuance of the Certification be brought forward for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 13 of 16 Development Services Committee Minutes – Wednesday, May 4, 2016. b) Report No. DS2016-034, Andria Leigh, Director, Development Services re: Request for Temporary 2nd Dwelling — 4848 Line 8 North — John Maxey [Refer to Item 5b) 05 04 2016 Council Agenda]. Motion No. DSC160504-12 Moved by Hall, Seconded by Crawford It is recommended: 1. That Report No. DS2016-034, Andria Leigh, Director, Development Services re: Request for Temporary 2nd Dwelling — 4848 Line 8 North — John Maxey be received and adopted. 2. That Council authorizes the request of John Maxey to temporarily reside in the existing dwelling which is to be demolished after the completion of the new dwelling to a maximum of twelve months from the time of issuance of the new dwelling building permit. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 14 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. c) Report No. DS2016-038, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2015-ZBA-16 (Sinton) 3392 & 3396 Penetanguishene Road, North Part of Lot 40, Concession 1 (Vespra) Township of Oro-Medonte [Refer to Item 5d) 05 04 2016 Council Agenda]. otion No. DSC160504-13 Moved by Coutanche, Seconded by Crawford It is recommended: 1. That Report DS2016-038, Derek Witlib, Manager, Planning Services re: Zoning By- law Amendment Application 2015-ZBA-16 (Sinton) 3392& 3396 Penetanguishene Road, North Part of Lot 40, Concession 1 (Vespra) Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2015-ZBA-16, that would rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Local Commercial (LC) Zone on Schedule A14 to Zoning By-law No. 97-95, be approved. 3. That a Holding (H) Provision be affixed to the entirety of the lands located at 3392 and 3396 Penetanguishene Road, North Part of Lot 40, Concession 1 (Vespra), Township of Oro-Medonte. 4. That the appropriate Zoning By-law Amendment by-law be brought forward for Council's consideration. 5. And that the applicant be advised of the Committee's decision under the Director, Development Service's signature. Carried. 9. Communications: a) Correspondence received April 27, 2016 from Samuel Dyson re: Request for Backyard Chickens. Motion No. DSC160504-14 Moved by Jermey, Seconded by Macpherson It is recommended that the correspondence received April 27, 2016 from Samuel Dyson re: Request for Backyard Chickens be received and referred to staff for a response under the Director, Development Services' signature. Carried. 10. Next Meeting Date: Wednesday, June 1, 2016. Page 15 of 16 Development Services Committee Minutes — Wednesday, May 4, 2016. 11. Adjournment: a) Motion to Adjourn. Motion No. DSC160504-15 Moved by Coutanche, Seconded by Macpherson It is recommended that we do now adjourn at 9:37 p.m. Carried. Page 16 of 16