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02 06 2019 Development Services Committee MinutesThe Township of Oro-Medonte Development Services Committee Minutes TowtuhipOf Council Chambers Proud Heritage, Exciting Future Wednesday, February 6, 2019 Time: 5:30 p.m. Present: Mayor H.S. Hughes Deputy Scott Jermey Councillor Ian Veitch Councillor Scott Macpherson Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Andria Leigh, Director, Development Services; Danielle Waters, Planner; Present: Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk 1. Opening of Meeting: Deputy Mayor Jermey assumed the Chair and called the meeting to order. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC190206-1 Moved by Greenlaw, Seconded by Scott It is recommended that the agenda for the Development Services Committee meeting of Wednesday February 6, 2019 be received and approved. Carried. Page 1 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, January 2, 2019. Motion No. DSC190206-2 Moved by Scott, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, January 2, 2019 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. 6. Public Hearings: a) Report No.DS2019-6, Danielle Waters, Planner re: Minor Variance Application 2018-A-51, Tonya Sova, 47 Ward Avenue. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering January 17, 2019; Township of Oro-Medonte, Operations Division dated January 17, 2019; Township of Oro-Medonte, Building Division dated January 17, 2019; Clayton Cadiou dated January 24, 2019; Nottawasaga Valley Conservation Authority dated November 14, 2018 and February 4, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Tonya Sova, applicant, was present. The following public persons offered verbal comments: None Motion No. DSC190206-3 Moved by Macpherson, Seconded by Veitch It is recommended 1. That Report No.DS2019-6, Danielle Waters, Planner re: Minor Variance Application 2018-A-51, Tonya Sova, 47 Ward Avenue be received and adopted. 2. That Minor Variance Application 2018-A-51 by Tonya Sova to permit one (1) detached accessory building within the front yard with a minimum front yard setback of 7.2 metres (23.6 feet) on the lands municipally known as 47 Ward Avenue, Township of Oro- Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.3 a) 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 accessory building 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 verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 7.2 metres (23.6 feet) from the front property line; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained 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. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 3 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. b) Report No. DS2019-7, Catherine McLean, Planner re: Minor Variance Application 2018-A-53, Jason & Jennifer O'Neill, 1735 Ridge Road West. The following correspondence was received: Township of Oro-Medonte, Building Division dated January 16, 2019; Township of Oro-Medonte, Operations Division dated January 16, 2019; Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2019; Lake Simcoe Region Conservation Authority dated January 23 and 29, 2019; Vince MacNeil dated February 5, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Jennifer O'Neill, applicant, was present The following public persons offered verbal comments: Vince MacNeil opposed the application and provided opposition comments with respect to the height and location of the boathouse that he indicated will restrict his view. Motion No. DSC190206-4 Moved by Greenlaw, Seconded by Scott It is recommended 1. That Report No. DS2019-7, Catherine McLean, Planner re: Minor Variance Application 2018-A-53, Jason & Jennifer O'Neill, 1735 Ridge Road West be received and adopted. 2. That Minor Variance Application 2018-A-53 by Jason & Jennifer O'Neill specifically to permit the construction of a boathouse with an increased height of 8.45 metres (27.72 feet) and an increased footprint of the boathouse and deck combined of 90.67 square metres (976.00 square feet) on the lands known as 1735 Ridge Road West, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Sections 5.6 (e) and 5.7 (b), the proposed boathouse addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed boathouse addition 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 boathouse is not used for human habitation; d) That the applicants register a Restrictive Covenant under the Conservation Land Act prohibiting habitable space and acknowledging the structure could be damaged by Lake hazards, to the satisfaction of the LSRCA; e) That the applicants satisfy any permits and/or approvals required from the Lake Simcoe Region Conservation Authority; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan if required, 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. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 4 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. c) Report No. DS2019-11, Andy Karaiskakis, Senior Planner re: Consent Application 2018- B-34 by Green Valley Farms Inc., 1929 Penetanguishene Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2019; Township of Oro-Medonte, Operations Division dated January 17, 2019; Township of Oro-Medonte, Building Division dated January 17, 2019; County of Simcoe, Planning Department dated January 29, 2019; Neal Cohen dated February 6, 2019; Sherrilyn Bylow, Marten Quinn, Millie Bylow, Faith Quinn, Kaiden Bylow dated February 6, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. The applicant was not present. The following public persons offered verbal comments: Kevin Woodrow, Woodrow Family Farms, provided comments in support of the application to continue active productive farming of the property and the importance of owning affordable and sustainable agricultural operations. He provided opposition comments with respect to the process of land parcels inadvertently merging. Martin Quinn opposed the application and provided concerns with respect to future development and rural character of the area. Motion No. DSC190206-5 Moved by Veitch, Seconded by Macpherson It is recommended that Consent Application 2018-B-34 by Green Valley Farms Inc., 1929 Penetanguishene Road, specifically to re-create two parcels which inadvertently merged on title, on lands municipally known as 1995 and 1929 Penetanguishene Road be deferred at the request of the applicant. Carried. A digital recording of the hearing is available for review through the Township's website. Page 5 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. d) Report No. DS2019-10, Todd Weatherell, Intermediate Planner re: Consent Application 2018-B-35, Carl and Rebecca Campitelli, 525 Ingram Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2019; Township of Oro-Medonte, Building Division dated January 17, 2019; Bell Canada Right of Way dated January 18, 2019; County of Simcoe, Planning Department dated January 25, 2019; Lisa Comstive-Bell dated January 26, 2019; Nottawasaga Valley Conservation Authority dated February 1, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Carl Campitelli, applicant, was present. The following public persons offered verbal comments: None. Motion No. DSC190206-6 Moved by Scott, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-10, Todd Weatherell, Intermediate Planner re: Consent Application 2018-B-35, Carl and Rebecca Campitelli, 525 Ingram Road be received and adopted. 2. That the Development Services Committee defer Consent Application 2018-B-35 for the creation of one (1) new agricultural lot (hobby farm) on lands located at 525 Ingram Road, to provide the applicant an opportunity to address the concerns related to the impact of the creation of the new lot to the adjacent wetland and significant woodland through the submission of a Natural Heritage Evaluation/ Environmental Impact Study. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 6 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. e) Report No. DS2019-12, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2019-A-01, Dave & Sheila Saunders, 1435 15/16 Sideroad East. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2019; Township of Oro-Medonte, Operations Division dated January 17, 2019; Township of Oro-Medonte, Building Division dated January 17, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Dave Saunders, applicant, was present. The following public persons offered verbal comments: None. Motion No. DSC190206-7 Moved by Macpherson, Seconded by Veitch It is recommended 1. That Report No. DS2019-12, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2019-A-01, Dave & Sheila Saunders, 1435 15/16 Sideroad East be received and adopted. 2. That Minor Variance Application 2019-A-01 by Dave and Sheila Saunders, specifically for permission to permit an accessory apartment dwelling unit with a maximum floor area of 127.3 square metres (1,370 square feet) and a shared means of egress to the outside with the main dwelling unit, on the lands municipally known as 1435 15/16 Sideroad East, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table Al and Sections 5.4 (c) and (d) of Zoning By-law 97- 95, the proposed accessory apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory apartment dwelling unit on the subject lands 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, Building and Septic System Permits be obtained 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 Secretary Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 7 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. g) Report No. DS2019-9, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-03 by Brent and Jennifer Miller, 1197 Penetanguishene Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 17, 2019; Township of Oro-Medonte, Operations Division dated January 17, 2019; Township of Oro-Medonte, Building Division dated January 17, 2019; Nottawasaga Valley Conservation Authority dated January 25, 2019.County of Simcoe, Planning Department dated January 30, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Brent Miller, applicant, was present. The following public persons offered verbal comments: None. Motion No. DSC190206-9 Moved by Macpherson, Seconded by Keane It is recommended 1. That Report No. DS2019-9, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-03 by Brent and Jennifer Miller, 1197 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2019-A-03 by Brent and Jennifer Miller, specifically to construct a new agricultural building with a 10.0 metre (32.8 feet) setback from the limit of the Environmental Protection (EP) Zone, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.27 of Zoning By-law 97-95, the proposed agricultural building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed agricultural building 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 prior to obtaining a Building Permit from the Township the applicant satisfy any permits and/or approvals, if required, from the Nottawasaga Valley Conservation Authority; d) That the appropriate Zoning Certificate and Building Permit be obtained 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. That the applicant be advised of the Committee's decision under the Secretary - Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 9of14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. 7. Deputations: None. 8. Reports of Municipal Officers: a) Report No. DS2018-125, Andria Leigh, Director, Development Services re: Consent Application 2018-B-32 (NVCA), Line 2 North. Motion No. DSC190206-10 Moved by Keane, Seconded by Macpherson It is recommended 1. That Report No. DS2018-125, Andria Leigh, Director, Development Services re: Consent Application 2018-B-32 (NVCA), Line 2 North be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2018-13-32 to convey a parcel possessing a frontage of approximately 129 metres (423 feet) and an area of approximately 1.2 hectares (2.96 acres) being an application to permit a boundary adjustment, subject to the following conditions: a) That the severed lands be merged in title with the abutting property to the north, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcels of land. Therefore, once the subject parcels of land have been conveyed to the owner of the abutting parcel, the subject parcels 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 to implement the conveyance will be taken to implement the conveyance and to consolidate the parcels to one Property Identification Number. b) That one copy of a Registered Reference Plan of the subject lands indicating the severed parcels be prepared by an Ontario Land Surveyor be submitted to the Secretary -Treasurer; c) That the applicant's solicitor prepare and submit a copy of the proposed conveyances for the parcels severed, for review by the Municipality; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) 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 f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decisions (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above -noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the applications to lapse and render this Decision null and void. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. Page 10 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. b) Report No. DS2018-129, Derek Witlib, Manager, Planning Services re: Consent Application 2018-B-33 by Cedarbank Holdings Ltd., 703 Line 2 North. Motion No. DSC190206-11 Moved by Macpherson, Seconded by Scott It is recommended 1. That Report No. DS2018-129, Derek Witlib, Manager, Planning Services re: Consent Application 2018-B-33 by Cedarbank Holdings Ltd., 703 Line 2 North be received and adopted; 2. That the Development Services Committee approve Consent Application 2018-13-33 to grant an easement measuring approximately 12.2 metres (40 feet) by 109 metres (360 feet) wide and possessing an area of approximately 0.13 hectares (0.33 acres) over a 0.72 hectares (1.8 acres) residential lot parcel in favour of abutting lands for access and utility purposes. 3. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer which conforms substantially with the application as submitted. 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the easement, for review by the Municipality and for use for the issuance of the certificate of consent. 5. That all municipal taxes be paid to the Township of Oro-Medonte. 6. That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.).WARNING: Failing to fulfil the conditions within the above -noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 8. That the applicant be advised of the Committee's decision under the Secretary - Treasurer's signature. Carried. Page 11 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2018-ZBA-17 by Davtech Industries Ltd., 2907 Highway 11 North, Township of Oro-Medonte [Refer to Item 5b) 02 06 2019 Council Agenda]. Motion No. DSC190206-12 Moved by Scott, Seconded by Keane It is recommended 1. That Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2018-ZBA-17 by Davtech Industries Ltd., 2907 Highway 11 North, Township of Oro-Medonte be received and adopted. 2. That Zoning By-law Amendment Application 2018-ZBA-17, that would rezone the subject lands from the "General Commercial Exception 32 (GC"32) Zone" to "General Commercial Exception 293 Holding (GC'293(H)) Zone" and "Environmental Protection (EP) Zone" on Schedule Al to Zoning By-law No. 97-95, as amended, be approved. 3. That the required Holding (H) Provision not be removed from the zoning of the subject lands until such time as the appropriate Site Plan is approved by the Township, the related Site Plan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement. 4. That the appropriate Zoning By-law Amendment be brought forward for Council's consideration. 5. That the applicant be advised of the decision under the Director, Development Services' signature. Carried. Page 12 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2017-ZBA-12 Leslie Saila - Glen Oro Farm 2574 Line 10 North [Refer to Item 5c) 02 06 2019 Council Agenda]. The Committee consented to allow Luke Sedgewick to provide comments. Motion No. C190206-13 Moved by Macpherson, Seconded by Keane It is recommended 1. That Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2017-ZBA-12 Leslie Saila - Glen Oro Farm 2574 Line 10 North be received and adopted. 2. That Zoning By-law Amendment Application 2017-ZBA-12, that would rezone portions of the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 294 Holding (A/RU'294(H)) Zone and Open Space (OS) Zone on Schedule Al to Zoning By-law No. 97-95, as amended, be approved. 3. That the appropriate Zoning By-law Amendment be brought forward for Council's consideration. 4. That the required Holding (H) Provision not be removed from the zoning of the subject lands until such time as the appropriate Site Plan is approved by the Township, the related Site Plan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement. 5. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. 9. Communications: None. 10. Next Meeting Date: Wednesday, March 6, 2019. Carried. Page 13 of 14 Development Services Committee Meeting Minutes — Wednesday, February 6, 2019. 11.Adjournment: a) Motion to Adjourn. Motion No. DSC190206-14 Moved by Scott, Seconded by Keane It is recommended that we do now adjourn at 7:08 p.m. Carried. Lff'A 11111,4'4'V1z - Deputy maycff Jerme , Chair Andria Leigh, Director, Development Services Page 14 of 14