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03 06 2019 Development Services Committee MinutesThe Township of Oro-Medonte Development Services Committee Minutes Towtuhipof Council Chambers Proud Heritage, Exciting Future Wednesday, March 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 Derek Witlib, Manager, Planning Services; Janette Teeter, Supervisor, Present: 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. DSC190306-1 Moved by Scott, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday March 6, 2019 be received and approved. Carried. Page 1 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, February 6, 2019. Motion No. DSC190306-2 Moved by Keane, Seconded by Macpherson It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, February 6, 2019 be received and approved as printed and circulated. Carried. Page 2 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for a Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, North Part Lot 25, Concession 10 (Oro), Township of Oro-Medonte, 38 Poplar Crescent, 2019-ZBA-03 (1876571 Ontario Inc.) [Refer to Items 8a) and Item 5b) 03 06 2019 Council Agenda]. Deputy Mayor Jermey called the meeting to order at 5:30 p.m. and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed Application by 1876571 Ontario Inc. on the lands located at 38 Poplar Crescent. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering February 12, 2019; Township of Oro-Medonte, Building Division dated February 14, 2019; Enbridge Gas Distribution dated February 14, 2019; Jason Krynicki dated March 3, 2019 2019; Nottawasaga Valley Conservation Authority dated March 6, 2019. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Arnie and Matthew Lavigne, applicants, were present. The following public persons offered verbal comments with respect to the proposed amendment: None. There being no further comments or questions, the meeting adjourned at 5:37 p.m. A digital recording of the meeting is available for review through the Township's website. Item 8a) was dealt with at this time. Refer to Item 8a). Page 3 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. 6. Public Hearings: a) Report No. DS2019-30, Derek Witlib, Manager, Planning Services re: Consent Application 2019-B-02 and Minor Variance Application 2019-A-05 by Betty Veitch 3362 Penetanguishene Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 15, 2019; Township of Oro-Medonte, Operations Division dated February 15, 2019; Township of Oro-Medonte, Building Division dated February 20, 2019; Nottawasaga Valley Conservation Authority dated February 27, 2019. County of Simcoe, Transportation and Engineering dated March 4, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. John Colborne and Celeste Phillips, on behalf of applicant, were present. Betty Veitch, applicant, provided comments. The following public persons offered verbal comments: Paul Thomson provided comments on the County of Simcoe's position/process, mapping overlay, cost and time spent with respect to a consent application he submitted in 2011. Motion No. DSC190306-3 Moved by Greenlaw, Seconded by Scott is recommended 1. That Report DS2019-030, Derek Witlib, Manager, Planning Services re: Consent Application 2019-B-02 and Minor Variance Application 2019-A-05 by Betty Veitch 3362 Penetanguishene Road be received and adopted; 2. That the Development Services Committee grant provisional consent to Consent Application 2019-B-02 pertaining to lands located at 3362 Penetanguishene Road in Part of Lot 40, Concession 1 W.P.R. (Vespra), Township of Oro-Medonte, to create a new parcel to facilitate future development, subject to the following conditions: a) 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; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; Page 4 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. c) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel; d) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte. e) That all municipal taxes be paid to the Township of Oro-Medonte; f) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, g) 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. 3. That Minor Variance Application 2019-A-05 by Betty Veitch, specifically to permit a minimum lot area of 0.3 hectares (0.74 acres) for a retained lot and an interior side yard of 14 metres (45.9 feet) for an existing agricultural building on a severed lot, for lands located at 3362 Penetanguishene Road in Part of Lot 40, Concession 1 W.P.R. (Vespra), Township of Oro-Medonte, be approved, subject to the following condition: a) That, notwithstanding Table B1 of Zoning By-law 97-95, the severed and retained lot shall otherwise comply with all other applicable provisions of the Zoning By - Law; 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 5 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. b) Report No. DS2019-24, Andy Karaiskakis, Senior Planner re: Consent Application 2019- B-04, Cynthia & Paul Ritchie, Line 2 North, Lot 54, Concession 2 (Medonte). The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 15, 2019; Township of Oro-Medonte, Operations Division dated February 15, 2019; Township of Oro-Medonte, Building Division dated February 20, 2019; Nottawasaga Valley Conservation Authority dated February 27, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Gord Russell, on behalf of the applicant, was present. The following public persons offered verbal comments: Paul Thompson provided comments with respect to proposed building, proposed location of the septic and potential relocation, drainage concerns, any proposed plan for the retained portion, comments there was confusion with respect to the use for the balance of the 100 acres, concerns with respect to no green number at the property and the space invasion that has occurred at his property. Andy Hartman provided similar concerns with respect to the septic and the concerns of a potential of an aggregate pit being developed. Motion No. DSC190306-4 Moved by Macpherson, Seconded by Veitch It is recommended 1. That Report No. DS2019-24, Andy Karaiskakis, Senior Planner re: Consent Application 2019-B-04, Cynthia & Paul Ritchie, Line 2 North, Lot 54, Concession 2 (Medonte) be received and adopted. 2. That Consent Application 2019-B-04 by Cynthia & Paul Ritchie for the creation of one (1) new lot for residential use, on lands located at Lot 54, Concession 2 (Medonte), be approved, subject to the following conditions: a) 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; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; c) That the applicant satisfy any permits and/or approvals required by the Nottawasaga Valley Conservation Authority, if required; Page 6 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. d) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel; e) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash -in -lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; 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 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. 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 7of21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. c) Report No. DS2019-17, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-A-54 (Monovan), 11 Church Street (Oro). The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 14, 2019; Township of Oro-Medonte, Manager, Development Engineering dated February 15, 2019; Simcoe County District School Board dated February 15, 2019. Derek Witlib, Manager Planning 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: None. Motion No. DSC190306-5 Moved by Veitch, Seconded by Scott It is recommended 1. That Report No. DS2019-17, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-A-54 (Monovan), 11 Church Street (Oro) be received and adopted. 2. That Minor Variance Application 2018-A-54 by Lyn and Peter Monovan, specifically to permit a non -complying building or structure to be enlarged to a maximum floor area of 44.59 square metres (480.0 square feet) with a 0.0 metre exterior side yard setback for a property located at 11 Church Street, Township of Oro-Medonte, be deferred, to allow the applicant to have discussions with the Township's Chief Building Official and Manager of Operations, on their concerns with the application. The application at this time does not meet the four tests as set out in the Planning Act. 3. 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 8 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. d) Report No. DS2019-13, Catherine McLean, Planner re: Consent Application 2019-B-01, Alfred & Jeanalee Kanis, 8996 Highway 12. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 14, 2019; Simcoe County District School Board dated February 15, 2019; Bell Canada, Right of Way dated February 18, 2019; Township of Oro-Medonte, Building Division dated February 20, 2019; Ministry of Transportation dated February 22, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Alfred Kanis, applicant, was present. The following public persons offered verbal comments: James Freeland provided comments that he is also building a small family home in the area. Motion No. DSC190306-6 Moved by Macpherson, Seconded by Veitch It is recommended 1. That Report No. DS2019-13, Catherine McLean, Planner re: Consent Application 2019-B-01, Alfred & Jeanalee Kanis, 8996 Highway 12 be received. 2. That the Development Services Committee grant provisional consent to Application 2019-B-01 to permit the creation of a new residential lot consisting of a severed parcel having an area of approximately 0.33 hectares (0.81 acres) and a frontage of approximately 30.48 metres (100.0 feet); and a retained parcel consisting of a lot area of approximately 0.89 hectares (2.19 acres) and a frontage of approximately 60.96 metres (200 feet). 3. That the following conditions be imposed on the Committee's decision: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant submit information, to the satisfaction of the Chief Building Official, verifying that the severed parcel may be capable of accommodating an appropriate private on -site sewage disposal system and for the applicant to provide well locations for all surrounding wells; c) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for reach residential lot to be created as cash -in -lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; Page 9 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. d) That all municipal taxes be paid to the Township of Oro-Medonte; e) 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; f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; 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. WARNING: Failing to fulfil the conditions within the above -noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 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 10 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. e) Report No. DS2019-14, Danielle Waters, Planner re: Minor Variance Application 2019- A-04, Chris Kavchak & Stephanie Stone, 1176 Line 6 North. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 13, 2019; Township of Oro-Medonte, Building Division dated February 14, 2019; Township of Oro-Medonte, Manager, Development Engineering dated February 14 2019; Simcoe County District School Board dated February 15, 2019; Lake Simcoe Region Conservation Authority dated February 28 and March 1, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Stephanie Stone, applicant, was present. The following public persons offered verbal comments: Cameron Douglas provided comments that he was in support of the application. Motion No. DSC190306-7 Moved by Scott, Seconded by Keane It is recommended 1. That Report No. DS2019-14, Danielle Waters, Planner re: Minor Variance Application 2019-A-04, Chris Kavchak & Stephanie Stone, 1176 Line 6 North be received and adopted. 2. That Minor Variance Application 2019-A-04 by Chris Kavchak & Stephanie Stone specifically to permit the construction of a detached accessory building with a height of 6.0 metres (19.8 feet) and a maximum floor area of 154.0 square metres (1664.0 square feet) on lands municipally known as 1176 Line 6 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.4 and 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building 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 LSRCA Permit, Zoning Certificate, Engineered Lot Grading Plan, 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 applicants 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 11 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. f) Report No. DS2019-16, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-06 (Cormier), 1170 Line 2 South (Oro). The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 13, 2019; Township of Oro-Medonte, Building Division dated February 14, 2019 (2); Township of Oro-Medonte, Manager, Development Engineering dated February 14, 2019; Simcoe County District School Board dated February 15, 2019; Peter Lamprey dated February 22, 2019; Suzanne Robillard dated February 22, 2019; Randy and Cindy White received March 1, 2019; Mary Kay Marshall dated March 1, 2019; Daniel & Haidee Fish dated March 1 and 4, 2019; Bryn and Leslie Pressnail dated March 2, 2019; Cathy & Perry Camisso dated March 2, 2019; Christine Lang dated March 3, 2019; Deborah Graham and Raquel Gibson dated March 4, 2019; Hillarey Puro dated March 4, 2019; Sjaak Breg dated March 4, 2019; Ted Bigelow dated March 4, 2019; Williarri and Nancy Jones dated March 4, 2019; Eileen Anderson dated March 4, 2019; Joshua and Lauren Manolakos dated March 4, 2019; Tammy DeSousa received March 4, 2019; Farida Jones and John Ridgewell dated March 5, 2019; Judy Smith dated March 5, 2019; Sharon McKinnon dated March 5, 2019; Rosaleen Crooks dated March 5, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Cameron Sellers, Innovative Planning Solutions (IPS), on behalf of the applicant, was present. A PowerPoint presentation was presented. The following public persons offered verbal comments: Farida Jones presented a PowerPoint presentation. Concerns provided included the purpose of a minor variance and the application not being minor, compliance of by-laws, precedent setting, provincial policy statement compliance, size of lots and homes to be built, size of similar dwellings, adjacent homes have large lots and small buildings, well, water quality, runoff and added phosphorus to lake, loss of privacy, lack of building plans, building of custom homes, abuse of process. Jacque Gray provided concerns regarding the construction of an oversize home on a small lot, the septic being close to neighbouring properties, runoff of water, small lots in comparison backing onto greenspace, little space for children to play, not compatible with character of area and application should not be determined by profit. Cindy White provided concerns that the lot and character of the application is not in accordance with area, stone wall fence location and not meeting setbacks, septic system concerns, runoff, drainage, tree identification error in arborist report, property value concerns, enjoyment of space and donation of money to Conservation. Page 12 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. Judi Bolton provided concerns, regarding historic houses, size of lots and building a large house, potential village would be unidentifiable, definition of minor variance, destruction of dwelling, by-laws being disallowed. Marty Lancaster provided concerns with respect to voting against Official Plan, setting a precedent, similar properties, believes should have been an Official Plan Amendment, size of lot, the need to update the Official Plan. William and Nancy Jones echoed concerns and objections, not in keeping with character of Shanty Bay and water concerns. Motion No. DSC190306-8 Moved by Greenlaw, Seconded by Scott It is recommended 1. That Report No. DS2019-16, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-06 (Cormier), 1170 Line 2 South (Oro) be received and adopted. 2. That Minor Variance Application 2019-A-06 by Glen Cormier, specifically to permit lot frontages of 22.5 metres (73.8 feet), and a lot areas of 0.10 hectares (0.49 acres) for a proposed severed and retained lot for property located at 1170 Line 2 South, Township of Oro-Medonte, be approved. 3. That, notwithstanding Table B1 of Zoning By-law 97-95, the severed and retained lot shall otherwise comply with all other applicable provisions of the Zoning By -Law. 4. That the site plan be presented to Committee/Council for consideration. 5. 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. Recorded Vote Requested by Councillor Keane Councillor Keane Nay Councillor Macpherson Yea Councillor Scott Yea Councillor Veitch Yea Councillor Greenlaw Yea Mayor H.S. Hughes Yea Deputy Mayor Jermey Yea Page 13 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. g) Report No. DS2019-25, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-07 by Robert Hannah & Tina Gonneau, 8 Maplecrest Court. The following correspondence was received: Township of Oro-Medonte, Building Division dated February 13 and 20, 2019; Township of Oro-Medonte, Operations Division dated February 13, 2019; Township of Oro-Medonte, Manager, Development Engineering dated February 14, 2019; Simcoe County District School Board dated February 15, 2019; Gib Montgomery dated February 25, 2019; Township of Oro-Medonte, Environmental Services dated February 28, 2019; Paul Smith and Lise Major dated March 5, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Robert Hannah, applicant, was present. The following public persons offered verbal comments: None Motion No. DSC190306-9 Moved by Scott, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-25, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-07 by Robert Hannah & Tina Gonneau, 8 Maplecrest Court be received 2. That Minor Variance Application 2019-A-07 by Robert Hannah & Tina Gonneau, specifically to permit an accessory apartment dwelling unit with a maximum floor area of 75.4 square metres (812.0 square feet), on lands municipally known as 8 Maplecrest Court, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.4(c) of Zoning By-law 97-95, the proposed apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed apartment dwelling unit 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 a Building Permit not be issued until such time as the Chief Building Official is satisfied that a Building Permit can be issued in a manner and at a time that addresses the concerns of the Environmental Services Department; 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 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 14 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. h) Report No. DS2019-29, Derek Witlib, Manager, Planning Services re: Consent Application 2019-B-03 by Mike McGill, 1533 Line 1 North, W. Part of Lot 25, Con. 2 (Oro), Township of Oro-Medonte. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated February 19, 2019; Township of Oro-Medonte, Building Division dated February 20, 2019; County of Simcoe, Planning Department dated February 28, 2019; Vanessa Simpson, Innovative Planning Solutions dated March 1, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Cameron Seller, Innovative Planning Solutions, on behalf of the applicant, was present. The following public persons offered verbal comments: None. Motion No. DSC190306-10 Moved by Veitch, Seconded by Macpherson It is recommended 1. That Report No. DS2019-29, Derek Witlib, Manager, Planning Services re: Consent Application 2019-B-03 by Mike McGill, 1533 Line 1 North, W. Part of Lot 25, Con. 2 (Oro), Township of Oro-Medonte be received and adopted. 2. That Consent Application 2019-B-03 by Mike McGill to sever a lot possessing a frontage of approximately 55 metres (180 feet) and a lot area of approximately 1.311 hectares (3.24 acres) be deferred to provide the applicant an opportunity to address concerns pertaining to driveway access from a County road, consistency with the Provincial Policy Statement 2014 and conformity with the County of Simcoe Official Plan. 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. Motion No. DSC190306-11 Moved by Macpherson, Seconded by Veitch It is recommended that Rule 14.21a) of Procedural By -Law No. 2017-165 be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. Page 15 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. i) Report No. DS2019-18, Catherine McLean, Planner re: Minor Variance Application 2019-A- 08 by Doug McCuaig, Line 3 North. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated February 15, 2019; Township of Oro-Medonte, Operations Division dated February 15, 2019; Township of Oro-Medonte, Building Division dated February 20, 2019; Nottawasaga Valley Conservation Authority dated March 6, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Andrew Maclntyre, on behalf of the applicant, was present The following public persons offered verbal comments: David Valleck, on behalf of applicants, provided comments with respect to the awareness of the Nottawasaga Valley Conservation Authority permit and creek location, resources spent previously to sever lot and the potential of a stalemate application. 7.. � R.>•11Y • 1 1 . Moved by Greenlaw, Seconded by Scott It is recommended 1. That Report No. DS2019-18, Catherine McLean, Planner re: Minor Variance Application 2019-A-08 by Doug McCuaig, Line 3 North be received. 2. That Minor Variance Application 2019-A-08 by Doug McCuaig, specifically to permit construction of a single detached dwelling with a reduced setback from the limits of the Environmental Protection Zone of 3.0 metres (9.8 feet) and a reduced setback from the top of bank of the slope of 8.0 metres (26.2 feet) on lands described as Concession 3 Part Lot 20 Registered Plan 51 R24978 Parts 1 & 2, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Sections 5.27 and 5.31 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 proposed single detached dwelling 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 applicant satisfy the permits and approvals required from the Nottawasaga Valley Conservation Authority; and, 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 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 16 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. Report No. DS2019-26, 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 February 19, 2019; Township of Oro-Medonte, Operations Division dated February 19, 2019; Township of Oro-Medonte, Building Division dated February 20, 2019; County of Simcoe, Planning, Development and Transit Department dated March 5, 2019. Derek Witlib, Manager Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Neal and Tracy Cohen, on behalf of the applicant, was present. The following public persons offered verbal comments: Andrew Taramina provided concerns that application may be a prelude to another event planned in the future, concerns with respect to trust, health and safety, environmental, water and dumping contaminated soil on the property. Motion No. DSC190306-13 Moved by Macpherson, Seconded by Veitch It is recommended 1. That Report No. DS2019-26, Andy Karaiskakis, Senior Planner re: Consent Application 2018-B-34 by Green Valley Farms Inc., 1929 Penetanguishene Road be received. 2. That the Development Services Committee grant provisional consent to Application 2018-B-34 to convey a parcel possessing a frontage of approximately 206.0 metres (675.8 feet) and an area of approximately 21.8 hectares (53.8 acres) being an application to permit a boundary adjustment on lands municipally known as 1929 Penetanguishene Road. 3. That the following conditions be imposed on the Committee's decision: a) That the severed lands be merged in title with the abutting property to the south, 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 parcel 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; Page 17 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. 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 conveyance for the parcel 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; f) That the applicant apply and obtain an entrance permit for the lands municipally known as 1995 Penetanguishene Road; g) That the Applicant transfer to The County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a road widening to ensure a right- of-way of 18.0 metres from the centreline of County Road 93 along the entire frontage of the severed lands adjacent to County Road 93 to the County; 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 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. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. A digital recording of the hearing is available for review through the Township's website. 7. Deputations: None. Item 9a) was dealt with at this time. Refer to Item 9a). Page 18 of 21 Development Services Committee Meeting Minutes —Wednesday, March 6, 2019. 8. Reports of Municipal Officers: a) Report No. DS2019-015, Todd Weatherell, Intermediate Planner re: Zoning By-law Amendment Application 2019-ZBA-03, 1876571 Ontario Inc., 38 Poplar Crescent [Refer to Item 5b) 03 06 2019 Council Agenda]. Motion No. DSC190306-14 Moved by Greenlaw, Seconded by Scott It is recommended 1. That Report No. DS2019-015, Todd Weatherell, Intermediate Planner re: Zoning By- law Amendment Application 2019-ZBA-03, 1876571 Ontario Inc., 38 Poplar Crescent, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2019-ZBA-03, that would rezone the subject lands from the Agricultural/Rural (A/RU) Zone to the Environmental Protection (EP) Zone and Agricultural/Rural Exception 295 (A/RU"295) Zone, be approved. 3. That the appropriate By-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. b) Report No. DS2019-027, Todd Weatherell, Intermediate Planner re: Request for Temporary 2nd Dwelling, 228 Drury Mill Rd. — Dwinnell [Refer to Item 5c) 03 06 2019 Council Agenda]. Motion No. DSC190306-15 Moved by Macpherson, Seconded by Veitch It is recommended 1. That Report No. DS2019-027, Todd Weatherell, Intermediate Planner re: Request for Temporary 2nd Dwelling, 228 Drury Mill Rd. — Dwinnell be received and adopted. 2. That the temporary second home agreement dated May 23, 2018 between the Township of Oro-Medonte and John and Carol Dwinnell be replaced with a new agreement to authorize the temporary residential use of an existing dwelling that currently occupies the property at 228 Drury Mill Road, for a term of 36-months, in association with the construction of a new dwelling. 3. That the appropriate by-law be brought forward for Council's consideration. 4. That the applicant be advised of Council's decision under the Director, Development Services' signature. Carried. Page 19 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. c) Report No. DS2019-028, David Yauk, GIS Technician, re: Planning Division Activity Summary (Development Applications, Planning and GIS Projects) October 2018 — February 2019. Motion No. DSC190306-16 Moved by Scott, Seconded by Macpherson It is recommended that Report No. DS2019-028, David Yauk, GIS Technician, re: Planning Division Activity Summary (Development Applications, Planning and GIS Projects) October 2018 — February 2019 be received for information purposes and posted on the Township's website. Carried. d) Report No. DS2019-031, Derek Witlib, Manager, Planning Services re: Consent Application 2018-13-11 by Hang Gao & Xu Han, 1667 Ridge Road East — Local Planning Appeal Tribunal (LPAT) Hearing Representation. Motion No. DSC190306-17 Moved by Veitch, Seconded by Macpherson It is recommended 1. That Report No. DS2019-031, Derek Witlib, Manager, Planning Services re: Consent Application 2018-B-11 by Hang Gao & Xu Han, 1667 Ridge Road East — Local Planning Appeal Tribunal (LPAT) Hearing Representation be received and adopted. 2. That staff proceed with Option 1 as outlined in this report in preparation for the LPAT hearing anticipated to be scheduled for April 15, 2019. Carried. Page 20 of 21 Development Services Committee Meeting Minutes — Wednesday, March 6, 2019. 9. Communications: a) Correspondence dated February 4, 2019 from Betty Veitch re: Request for Refund for Minor Variance Application 2019-A-05. The Committee consented to allow Betty Veitch to provide comments. Motion No. DSC190306-18 Moved by Scott, Seconded by Greenlaw It is recommended 1. That the correspondence dated February 4, 2019 from Betty Veitch re: Request for Refund for Minor Variance Application 2019-A-05 be received. 2. That the request for a refund for Minor Variance Application 2019-A-05 be respectfully denied. 3. That the applicant be notified of the Development Services Committee's decision under the Director, Development Services' signature. Carried. 10.Next Meeting Date: Wednesday, April 3, 2019. 11.Adjournment: a) Motion to Adjourn. Motion No. DSC190306-19 Moved by Macpherson, Seconded by Veitch It is recommended that we do now adjourn at 10:27 p.m. Carried. ,�-J ��, - 'r A ,�g zd-]�O Deputy Mayor Armey, Chair Derek Witlib, Mana r, Plannin Services Page 21 of 21