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05 01 2019 Development Services Committee MinutesTawtuhip of Prard Heritage, Exciting Future Wednesday, May 1, 2019 Present: Mayor H.S. Hughes The Township of Oro-Medonte Development Services Committee Minutes Council Chambers Time: 5:31 p.m. Deputy Scott Jermey Councillor Ian Veitch Councillor Scott Macpherson Councillor Cathy Keane Councillor Randy Greenlaw Regrets: Councillor Shawn Scott Staff Derek Witlib, Manager, Planning Services; Andy Karaiskakis, Senior Present: Planner; 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. DSC190501-1 Moved by Keane, Seconded by Veitch It is recommended that the agenda for the Development Services Committee meeting of Wednesday May 1, 2019 be received and approved. Carried. Page 1 of 14 Development Services Committee Meeting Minutes —Wednesday, May 1, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 3, 2019. Motion No. DSC190501-2 Moved by Keane, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 3, 2019 be received and approved as printed and circulated. Carried. Page 2 of 14 Development Services Committee Meeting Minutes —Wednesday, May 1, 2019. 5. Public Meetings: a) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lot 20, Concession 12 (Oro), Township of Oro-Medonte, 100 Line 12 South, 2019-ZBA-07 (William & Tracy McKillop); and Consent Application 2019-B-10, 100 Line 12 South (to be considered in conjunction with Proposed Amendment to the Zoning By -Law) [Refer to Item 8b and Item 5a) 05 01 2019 Council Agenda]. Deputy Mayor Jermey called the meeting to order at 5:32 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 Applications by Curtis Shelswell, William and Tracey McKillop on the lands located at 100 Line 12 South. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 12, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 12, 2019; Lake Simcoe Region Conservation Authority dated April 17, 2019; Enbridge Gas Inc. dated April 24, 2019; County of Simcoe, Planning Department dated April 25, 2019. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Curtis Shelswell, applicant, was present. The following provided public comments: None. There being no further comments or questions, the meeting adjourned at 5:40 p.m. A digital recording of the meeting is available for review through the Township's website. Item 8b) was dealt with at this time. Refer to Item 8b) Page 3 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 6. Public Hearings: a) Report No. DS2019-54, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, 682 Line 9 South. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019; Rocchi Devuono dated April 25, 2019; Jennifer Wurtz submitted correspondence at meeting. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the application. A PowerPoint presentation was presented. Brandon Lynn, applicant, was present. The following provided public comments: Jennifer Wurtz submitted correspondence to Committee members/staff. Opposition comments were provided with respect to size of the proposed application, the potential of the garage to be used as a commercial site (e.g., including environmental and noise concerns), decrease in property value and aesthetics, and existing water drainage problems between the two properties. Steven Lynn provided comments that he is very familiar with the property and the applicant abide by all the by-laws and codes required and the application is for an accessory building for storage and drainage comments. Beale Wurtz provided opposition comments with respect to the storage of a trailer, flooding concerns, the potential of the garage to be used as a commercial site, mosquitos in standing water and lyme disease and paying taxes for a residential building on the abutting lot. Page 4 of 14 Development Services Committee Meeting Minutes —Wednesday, May 1, 2019. Motion No. DSC190501-3 Moved by Keane, Seconded by Macpherson It is recommended 1. That Report No. DS2019-54, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, 682 Line 9 South be received. 2. That Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, specifically to permit a detached accessory building with a floor area of 111.4 square metres (1200.0 square feet) and a maximum height of 4.9 metres (16.07 feet), on the lands municipally known as 682 Line 9 South, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.4 & 5.1.6 of Zoning By-law 97-95, the proposed 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 sketches submitted and approved by the Committee; c) That the drainage be designed to the satisfaction of Township staff; 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. 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 14 Development Services Committee Meeting Minutes —Wednesday, May 1, 2019. b) Report No. DS2019-55, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-18 by Joe Francelj, 22 Oakmont Avenue. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the application. A PowerPoint presentation was presented. Alyssa Gilbertson, on behalf of the applicant, was present. The following provided public comments: None. Motion No. DSC190501-4 Moved by Greenlaw, Seconded by Keane It is recommended 1. That Report No. DS2019-55, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-18 by Joe Francelj, 22 Oakmont Avenue be received and adopted. 2. That Minor Variance Application 2019-A-18 by Joe Francelj, specifically for permission to permit a deck to be attached at the rear of the single detached dwelling with a rear yard setback of 4.5 metres (14.7 feet), on lands municipally known as 22 Oakmont Avenue, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 7.233 of Zoning By-law 97-95, as amended, the proposed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed deck 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 (including variance dimension(s) verification by a qualified professional) 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. 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 6 of 14 Development Services Committee Meeting Minutes —Wednesday, May 1, 2019. c) Report No. DS2019-53, Todd Weatherell, Intermediate Planner re: Consent Application 2019-B-09 (Erwin), 1893 Ridge Road East. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Lake Simcoe Region Conservation Authority dated April 25, 2019; County of Simcoe, Planning Department dated April 25, 2019; Hydro One Networks Inc. dated April 29, 2019. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the application. A PowerPoint presentation was presented. Larry Erwin, applicant, was present. The following provided public comments: None. Motion No. DSC190501-5 Moved by Macpherson, Seconded by Keane It is recommended 1. That Report No. DS2019-53, Todd Weatherell, Intermediate Planner re: Consent Application 2019-B-09 (Erwin), 1893 Ridge Road East be received. 2. That the Development Services Committee grant provisional consent to Application 2019-B-09 to permit a boundary adjustment consisting of a severed parcel of land having an area of approximately 2.83 ha (7.0 ac.) a lot frontage of 281.0 m. (921.9 ft.) and a lot depth of 121.0 m. (399.2 ft.) that is to be merged with an abutting parcel to the west; and a retained parcel consisting of a lot area of approximately 30.75 hectares (76.0 acres) and a frontage of approximately, 471.0 metres (1545.0 feet) subject to the following conditions: a) That the severed lands with an area of approximately 2.83 ha (7.0 ac.)and approximately 281,0 m. (921.9 ft.) and a lot depth of 121.0 m. (399.2 ft.) be merged in title with the abutting benefitting property to the west, described as Con. 12, Part Lot 21, RP, 51 R40671 Part 1, 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 parcel of 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 benefitting 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: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) if the benefitting parcel was created pursuant to Sections 50 or 53 of the Planning Act, to alter the benefitting parcel so that it is not the identical parcel of land. Page 7 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. b) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee 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 the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a daylighting triangle at the corner of Ridge Road East and Line 12 South dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle as one Property Identifier Number to the satisfaction of the Township; e) That the lands to be severed and added to the adjacent residential lot shall be rezoned Environmental Protection. f) That all municipal taxes be paid to the Township of Oro-Medonte. g) That a Certificate of Consent be issued with respect to the severed parcel utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the severed parcel with the abutting parcel to the west. 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 applications to lapse and render this Decision null and void. 3. And 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 8 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. d) Report No. DS2019-51, Catherine McLean, Planner re: Minor Variance Application 2019-A-19, Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh, 1753 Ridge Road West. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019; Lake Simcoe Region Conservation Authority dated April 23, 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 provided public comments: None. Motion No. DSC190501-6 Moved by Keane, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-51, Catherine McLean, Planner re: Minor Variance Application 2019-A-19, Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh, 1753 Ridge Road West be received and adopted. 2. That Minor Variance Application 2019-A-19 by Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh specifically to permit the construction of a detached accessory building with an increased height of 4.66 metres (15.3 feet) and a reduced setback to the watercourse of 15.8 metres (51.8 feet) on the lands known as 1753 Ridge Road West, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Sections 5.1.4 and 5.32, 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 detached accessory building is not used for human habitation; d) That the applicants obtain a permit from the Lake Simcoe Region Conservation Authority; and, e) 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. And 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 9 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. e) Report No. DS2019-57, Danielle Waters, Planner re: Minor Variance Application 2019-A-20, John & Janet Thompson, 57 Eight Mile Point Road. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019; Lake Simcoe Region Conservation Authority dated April 25, 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 provided public comments: None. Motion No. DSC190501-7 Moved by Keane, Seconded by Veitch It is recommended 1. That Report No. DS2019-57, Danielle Waters, Planner re: Minor Variance Application 2019-A-20, John & Janet Thompson, 57 Eight Mile Point Road be received and adopted. 2. That Minor Variance Application 2019-A-20 by John and Janet Thompson specifically to permit the construction of a single detached dwelling with a reduced setback from the average high water mark of 17.5 m. (57.4 ft.) to the dwelling and 15.0 m. (49.2 ft.) to the deck, and the construction of a boathouse with an increased height of 5.5 m (18.0 ft.) from the average high water mark on lands municipally known as 57 Eight Mile Point Road, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 4.0 Table B1 (1), Section 5.6 e) and Section 5.7 a), the single detached dwelling and boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling with a reduced setback from the average high water mark and proposed boathouse with an increase in height 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 (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling is located no closer than 17.5 m. (57.4 ft.) from the average high water mark and the deck is located no closer than 15.0 m. (49.2 ft.) from the average high water mark; Page 10 of 14 Development Services Committee Meeting Minutes —Wednesday, May 1, 2019. d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan, Entrance Permit 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. e) The boathouse will be used for storage and not for human habitation. 4. And 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. 7. Deputations: None. 8. Reports of Municipal Officers: a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-13-27 & 2019-A-06 (Cormier), 1179 Line 2 South - Local Planning Appeal Tribunal (LPAT) Hearing Representation. Motion No. DSC190501-8 Moved by Greenlaw, Seconded by Keane It is recommended 1. That Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-8-27 & 2019-A-06 (Cormier), 1179 Line 2 South - Local Planning Appeal Tribunal (LPAT) Hearing Representation be received and adopted. 2. That staff proceed with Option 2 as outlined in this report in preparation for the LPAT hearing being scheduled. Carried. Page 11 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent Application 2019- B-10 and Zoning By-law Amendment Application 2019-ZBA-07 by William & Tracey McKillop, 100 Line 12 South. Motion No. DSC190501-9 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent Application 2019-B-10 and Zoning By-law Amendment Application 2019-ZBA-07 by William & Tracey McKillop, 100 Line 12 South be received and adopted. 2. That the Development Services Committee grant provisional consent to Consent Application 2019-B-10 pertaining to lands located at 100 Line 12 South, Township of Oro-Medonte, to create a new lot having a lot area of 1.0 hectares (2.47 acres) containing a dwelling that is surplus to the applicant's consolidated farm operation, 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 pay to the Municipality a fee of $2,000 as a parkland contribution for each 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; d) That the applicant successfully apply to the municipality to amend the Zoning By- law to prohibit new residential uses on the retained lands; e) That the applicant's solicitor provide a written undertaking to the Secretary - Treasurer indicating that the retained lands (farmland) will be transferred into the name of the farmer/farming corporation which operates an agricultural operation on the lands legally described as Part of Lots 19 and 20, Concession 13; f) That the applicant to identify the location of the sewage system in proximity to proposed lot lines, to the satisfaction of the Township's Building Division; g) That all municipal taxes be paid to the Township of Oro-Medonte; h) 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, i) 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. Page 12 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 3. That Zoning By-law Amendment Application 2019-ZBA-07 by William & Tracey McKillop, specifically to rezone the retained lands to an Agricultural/Rural Exception (NRU") Zone identified in Consent Application 2019-B-10 for lands located at 100 Line 12 South in Part of Lot 20, Concession 12 (Oro), Township of Oro-Medonte be approved. 4. That the appropriate by-law (draft By -Law No. 2019-040) be brought forward for Council's consideration. 5. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Carried. c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request for Pre -Servicing Agreement with South Shore Caden Estates Inc. for Draft Plan of Subdivision and Proposed Street Naming, Plan of Subdivision Application 2016-SUB-02 (Kayley Estates), Part of West Half of Lot 6, Concession 14 (Medonte), Township of Oro-Medonte. Motion No. DSC190501-10 Moved by Macpherson, Seconded by Keane It is recommended 1. That Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request for Pre - Servicing Agreement with South Shore Caden Estates Inc. for Draft Plan of Subdivision and Proposed Street Naming, Plan of Subdivision Application 2016- SUB-02 (Kayley Estates), Part of West Half of Lot 6, Concession 14 (Medonte), Township of Oro-Medonte be received and adopted. 2. That the Township of Oro-Medonte enters into a Pre -Servicing Agreement with South Shore Caden Estates Inc. 3. That the street name "Cheslock Crescent" be assigned to the Kayley Estates subdivision. 4. That the appropriate by-laws be brought forward for Counci'I's consideration. 5. And that the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. 9. Communications: None. 10.Next Meeting Date: Wednesday, June 5, 2019. Page 13 of 14 Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 11.Adjournment: a) Motion to Adjourn. Motion No. DSC190501-11 Moved by Greenlaw, Seconded by Macpherson It is recommended that we do now adjourn at 7:23 p.m. Carried. ,4 eputy Ma or Jerm y, Chair Derek Witlib, Mana er, Plan ng S'Pjvices Page 14 of 14