10 02 2019 Development Services Committee Minutes.�� The Township of Oro-Medonte
Development Services Committee Minutes
rownl,i�1,�J Council Chambers
Proud HmihNe, Exiting Future
Wednesday, October 2, 2019
Present: Mayor H.S. Hughes
Deputy Scott Jermey
Councillor Ian Veitch
Councillor Scott Macpherson
Councillor Shawn Scott
Councillor Randy Greenlaw
Regrets: Councillor Cathy Keane
5:30 p.m.
Staff Robin Dunn, CAO; Derek Witlib, Manager, Planning Services; Michelle
Present: Jakobi, Manager, Environmental Services; 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. DSC191002-1
Moved by Greenlaw, Seconded by Veitch
It is recommended that the agenda for the Development Services Committee meeting of
Wednesday October 2, 2019 be received and approved.
Carried.
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Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
3. Disclosure of Pecuniary Interest:
Deputy Mayor Jermey declared a pecuniary interest on Item 5a) 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, West
Part of Lot 21, Concession 12 (Oro) Township of Oro-Medonte, 2019-ZBA-18 (Hang
Gau & Xu Han) and Consent Application 2019-B-17 as he has rented the subject farm
property for the past ten years. Deputy Mayor Jermey left the table and did not
participate in the discussion on this item.
4. Approval of Minutes:
a) Minutes of Development Services Committee meeting held on Wednesday, September
4, 2019.
Motion No. DSC191002-2
Moved by Scott, Seconded by Macpherson
It is recommended that the draft minutes of the Development Services Committee
meeting held on Wednesday, September 4, 2019 be received and approved as printed
and circulated.
Carried.
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, West Part of Lot 21, Concession 12 (Oro) Township of Oro-
Medonte, 2019-ZBA-18 (Hang Gau & Xu Han) and Consent Application 2019-B-17.
Deputy Mayor Jermey declared a pecuniary interest on Item 5a) 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, West
Part of Lot 21, Concession 12 (Oro) Township of Oro-Medonte, 2019-ZBA-18 (Hang
Gau & Xu Han) and Consent Application 2019-B-17 as he has rented the subject farm
property for the past ten years. Deputy Mayor Jermey left the table and did not
participate in the discussion on this item.
Mayor H.S. Hughes assumed the Chair, called the meeting to order at 5:31 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
Hang Gao & Xu Han on the lands legally known as Concession 12, West Part Lot 21
(Oro), Township of Oro-Medonte.
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Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
The following correspondence was received: Simcoe County District School Board dated
September 20, 2019; Hydro One Networks Inc. dated September 24, 2019; Lake Simcoe
Region Conservation Authority dated September 26, 2019; Haekyung (Helen) Kim dated
September 29, 2019; Paul Sanderson dated September 28, 2019; Andy Kantas received
September 30, 2019; Peter Zaharopoulos received September 30, 2019; Stephen Davie
dated September 30, 2019; County of Simcoe, Planning Department dated September 30,
2019; Haekyung (Helen) Kim and Julia Pavkovic dated September 29, 2019; Farida Jones
dated October 2, 2019.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed
amendment. A PowerPoint presentation was presented.
Hang Gao, applicant, was present. A PowerPoint presentation was presented.
Sarah Bell, EcoVue Consulting Services Inc., on behalf of the applicant, provided an
overview. A PowerPoint presentation was presented.
The following provided public comments:
Wayne Whitechurch provided concerns regarding sustaining the quality and quantity of the
water for everyone in the community of Hawkestone, traffic concerns, preserving farmland
and quietness of the area.
Haekyung (Helen) Kim provided opposition comments regarding the application, the
commercial entrance and large disparity between Highway 11 and the elevation of the
property, sight line concerns regarding Highway 11 and the bridge, increased traffic
hazards, merging exit and entranceway infrastructure upgrades, drainage concerns,
application is not in the public interest, additional retail will increase competition and
accelerate number of business closures, does not conform to subdivision of land policies,
official plan, community vision goals and strategic plan policies, not in accordance to the
provincial interest.
Jackie Hill provided comments that she prefers the area as is, bus service concerns and
traffic comments.
James Hamilton questioned if the well servicing is 80 metres to supply water to gas stations,
pharmacy etc. is the suggestion an elevated water tower for fire suppression matters.
Heather Mitchenson provided comments of her preferred no development for the area, water
concerns and her wells going dry with a previous development, traffic concerns, concerns of
alternate routes and supporting infrastructure when Highway 11 accidents occur, health and
safety concerns for children and application may be more applicable in 20 years.
There being no further comments or questions, the meeting adjourned at 6:34 p.m.
A digital recording of the meeting is available for review through the Township's website.
Deputy Mayor Jermey assumed the Chair.
Page 3 of 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
6. Public Hearings:
a) Report No. DS2019-126, Catherine McLean, Planner re: Minor Variance Application
2019-A-49, Gord & Sandra McCulligh, Sunnyside Avenue.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated September 18, 2019; Township of Oro-Medonte, Manager, Development
Engineering dated September 18, 2019; Township of Oro-Medonte, Operations Division
dated September 18, 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. DSC191002-3
Moved by Scott, Seconded by Macpherson
It is recommended
1. That Report No. DS2019-126, Catherine McLean, Planner re: Minor Variance
Application 2019-A-49, Gord & Sandra McCulligh, Sunnyside Avenue be received
and adopted.
2. That Minor Variance Application 2019-A-49 by Gord and Sandra McCulligh
specifically to permit the construction of a single detached dwelling with an
unenclosed porch and stairs that encroach 4.2 metres (13.8 feet) into the required
front yard setback on the lands known as Lot 76 Plan 798, Part 1 51 R-41736.
Sunnyside Avenue, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.9.1, the single detached dwelling shall otherwise
comply with all other applicable provisions of the Zoning By-law;
b) That the single detached dwelling be substantially and proportionally in
conformity with the dimensions as set out on the application and sketches
submitted and approved by the Committee;
c) That, if required, an Ontario Land Surveyor, Professional Engineer or Certified
Engineering Technologist verify by way of survey/real property report that the
porch stairs are located no closer than 3.3 metres from the front lot line; and,
d) That the appropriate Zoning Certificates, Engineered Lot Grading Plan if
required, 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 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 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
b) Report No. DS2019-123, Danielle Waters, Planner re: Minor Variance Application
2019-A-42, Svetlana Robu, 259 Moon Point Road.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated September 17, 2019; Lake Simcoe Region Conservation Authority dated
September 18 and August 19, 2019; Township of Oro-Medonte, Manager, Development
Engineering dated September 19, 2019; Gene Gharlip dated September 23, 2019; Tim
and Cynthia Ferris dated September 23, 2019; Janet and David Bumstead dated
September 23 and 26 and October 2, 2019 (and which included a petition); Ted and
Victoria Gowland dated September 25, 2019; David Ouchterlony dated September 27,
2019; Margaret Burghardt dated October 2, 2019.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Svetlana Robu, applicant, was present.
The following provided public comments:
John MacDonald submitted picture correspondence to the Committee members,
provided concerns regarding the proposed building that has been there for months, size
of structure / not minor in size, applicant had an opportunity to apply a second plan,
misleading of application and supports the report recommendation.
Janet Bumstead provided comments in support of the report recommendation, believes
in Lake Simcoe and enjoys the quiet shoreline residential neighborhood, being
respectful of regulations, health and safety of Lake Simcoe, care of eco system and the
neighbourhoods.
Motion No. DSC191002-4
Moved by Greenlaw, Seconded by Veitch
It is recommended
1. That Report No. DS2019-123, Danielle Waters, Planner re: Minor Variance
Application 2019-A-42, Svetlana Robu, 259 Moon Point Road be received and
adopted.
2. That Minor Variance Application 2019-A-42 by Svetlana Robu specifically to permit
the construction of detached accessory building #1 on the lakeside with a reduced
setback of 15.0 metres (49.2 feet) from the average high water mark of Lake Simcoe
on lands municipally known as 259 Moon Point Road, be denied as this accessory
building #1 does not meet the four tests of the Planning Act.
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Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
3. That Minor Variance Application 2019-A-42 by Svetlana Robu specifically to legalize
an existing detached accessory building (#2) with a reduced setback of 2.0 metres
(6.6 feet) from the front lot line on lands municipally known as 259 Moon Point Road,
be approved.
4. That the following conditions be imposed on the Committee's decision respecting
detached accessory building #2:
a) That notwithstanding Table B1 SR/ Section 5.1.7 (a), that detached accessory
building #2 shall otherwise comply with all other applicable provisions of the
Zoning By-law;
b) That detached accessory building #2 with a reduced setback from the front lot
line 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, Lake Simcoe Region Conservation
Authority 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.
5. 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 6 of 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
c) Report No. DS2019-122, Todd Weatherell, Intermediate Planner re: Minor Variances
Application 2019-A-50, Stacey and Leanne Cunnington, 265 Line 5 North.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated September 18, 2019; Township of Oro-Medonte, Operations Division
dated September 18, 2019; Township of Oro-Medonte, Manager, Development
Engineering dated September 19, 2019.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Leanne Cunnington, applicant, was present.
The following provided public comments: None.
Motion No. DSC191002-5
Moved by Greenlaw, Seconded by Veitch
It is recommended
1. That Report No. DS2019-122, Todd Weatherell, Intermediate Planner re: Minor
Variance Application 2019-A-50, Stacey and Leanne Cunnington, 265 Line 5 North
be received and adopted.
2. That Minor Variance Application 2019-A-50 by Stacey and Leanne Cunnington
specifically to permit a shipping container on lands municipally known as 265 Line 5
North, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.36 a shipping container shall be permitted and
shall otherwise comply with all other applicable provisions of the Zoning By-law;
b) That the proposed storage container be substantially and proportionally in
conformity with the dimensions as set out on the application and sketches
submitted and approved by the Committee;
c) That the appropriate Zoning Certificate, and Building Permit be obtained from the
Township only after the Committee's decision becomes final and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13.
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.
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Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
d) Report No. DS2019-119, Catherine McLean, Planner re: Minor Variance Application
2019-A-51, Todd Merkley & Megan Gallagher, 553 Line 5 North.
The following correspondence was received: Nottawasaga Valley Conservation Authority
dated November 23, 2018; Township of Oro-Medonte, Building Division dated September
18, 2019; Township of Oro-Medonte, Manager, Development Engineering dated September
18, 2019; Township of Oro-Medonte, Operations Division dated September 18, 2019.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Todd Merkley, applicant, was present.
The following provided public comments: None.
Motion No. DSC191002-6
Moved by Macpherson, Seconded by Scott
It is recommended
1. That Report No. DS2019-119, Catherine McLean, Planner re: Minor Variance
Application 2019-A-51, Todd Merkley & Megan Gallagher, 553 Line 5 North be received
and adopted.
2. That Minor Variance Application 2019-A-51 by Todd Merkley & Megan Gallagher
specifically to permit the construction of a detached accessory building with a maximum
floor area of 139.4 square metres (1,500.0 square feet) and a maximum height of 5.2
metres (17.0 feet) and to recognize a 14.9 square metre (160 square feet) existing
shipping container in a residential zone on the lands known as 553 Line 5 North, be
approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.1.4, Section 5.1.6 and Section 5.36, the detached
accessory building and shipping container shall otherwise comply with all other
applicable provisions of the Zoning By-law;
b) That the detached accessory building and shipping container 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 applicants obtain a clearance or an amendment to their existing
Nottawasaga Valley Conservation Authority permit to include the shipping container;
and,
d) That the appropriate Zoning Certificates, Engineered Lot Grading Plan if required,
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 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 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
e) Report No. DS2019-121, Todd Weatherell, Intermediate Planner re: Minor Variance
Application 2019-A-52, Susan Caroline & Patrick McCutcheon, 2500 Line 1 North.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated September 18, 2019; Township of Oro-Medonte, Operations Division
dated September 18, 2019; Township of Oro-Medonte, Manager, Development
Engineering dated September 19, 2019; Nottawasaga Valley Conservation Authority
dated September 23, 2019.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Roger Jackson, Dendor Fines Homes Ltd., on behalf of the applicant, was present
The following provided public comments: None.
Motion No. DSC191002-7
Moved by Greenlaw, Seconded by Veitch
It is recommended
1. That Report No. DS2019-121, Todd Weatherell, Intermediate Planner re: Minor
Variance Application 2019-A-52, Susan Caroline & Patrick McCutcheon, 2500 Line 1
North be received and adopted.
2. That Minor Variance Application 2019-A-52 by Susan Caroline & Patrick
McCutcheon specifically to permit the construction of a single family dwelling and
attached garage with a reduced common wall from 40.0% to 0.0% on lands
municipally known as 2500 Line 1 North, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding the definition of an "attached Garage", the single family
dwelling and attached garage shall otherwise comply with all other applicable
provisions of the Zoning By-law;
b) That the proposed single family dwelling and garage attached by a common roof
be substantially and proportionally in conformity with the dimensions as set out
on the application and sketches submitted and approved by the Committee;
c) That the appropriate Zoning Certificate, and Building Permit be obtained from the
Township only after the Committee's decision becomes final and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13.
d) The applicant demonstrate to Nottawasaga Valley Conservation Authority that
there is a 30-metre vegetation protection zone from the boundary of the
Significant Woodland identified in The Places to Grow Act. The 30- metre
setback shall be taken from the dripline of the forest.
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.
Page 9 of 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
f) Report No. DS2019-125, Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2019-A-53 by Brandon & Kayla Elliott, 2 Boville Court.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated September 18, 2019; Township of Oro-Medonte, Operations Division
dated September 18, 2019; Township of Oro-Medonte, Manager, Development
Engineering dated September 19, 2019,
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Brandon Elliott, applicant, was present.
The following provided public comments: None.
Motion No. DSC191002-8
Moved by Macpherson, Seconded by Scott
It is recommended
1. That Report No. DS2019-125, Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2019-A-53 by Brandon & Kayla Elliott, 2 Boville Court be received and
adopted.
2. That Minor Variance Application 2019-A-53 by Brandon & Kayla Elliott, specifically
for permission to permit a deck to be attached at the rear of the single detached
dwelling with a rear yard setback of 3.2 metres (10.4 feet) and an exterior side yard
setback of 2.7 metres (8.8 feet), on lands municipally known as 2 Boville Court,
Township of Oro-Medonte, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 7.232 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 10 of 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
g) Report No. DS2019-124, Andy Karaiskakis, Senior Planner re: Consent Application
2019-B-18 by William, Brenda and Wake Faris, 234 Mill Pond Sideroad.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated September 18, 2019; Township of Oro-Medonte, Manager, Development
Engineering dated September 18, 2019; Township of Oro-Medonte, Operations Division
dated September 18, 2019; Nottawasaga Valley Conservation Authority dated
September 23, 2019.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Wade Faris, applicant, was present.
The following provided public comments: None.
Motion No. DSC191002-9
Moved by Greenlaw, Seconded by Veitch
It is recommended
1. That Report No. DS2019-124, Andy Karaiskakis, Senior Planner re: Consent
Application 2019-B-18 by William, Brenda and Wake Faris, 234 Mill Pond Sideroad
be received and adopted.
2. That the Development Services Committee grant provisional consent to Application
2019-B-18 to permit a boundary adjustment having a lot frontage of approximately
75.5 metres (248.0 feet) and an area of approximately 0.38 hectares (0.96 acres) to
be added to 190 Mill Pond Sideroad subject to the following conditions:
a) That the severed lands be consolidated with the abutting property to the east and
that the provisions of Section 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 to the east, the subject parcel and the said
abutting parcel shall be consolidated 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 Identifier Number;
b) 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;
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;
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Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
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 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. 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.
7. Deputations:
None.
8. Reports of Municipal Officers:
a) ES2019-7, Michelle Jakobi, Manager, Environmental Services re: Tile Field 6
Replacement - Horseshoe Valley [to be distributed].
Motion No. DSC191002-10
Moved by Macpherson, Seconded by Scott
It is recommended
1. That ES2019-7, Michelle Jakobi, Manager, Environmental Services re: Tile Field 6
Replacement - Horseshoe Valley be received and adopted.
2. That the quotation for Tile Field 6 Replacement in Horseshoe Valley be awarded to
Morris Shelswell & Sons Excavating & Grading Ltd. for the quoted amount of
$177,000.00 plus HST.
3. That the Manager, Environmental Services be authorized to execute the appropriate
contract on behalf of the Township.
Carried.
Page 12 of 13
Development Services Committee Meeting Minutes — Wednesday, October 2, 2019.
9. Communications:
a) Geoffrey Campbell, 2639025 Ontario Inc. re: Request for Municipal Letter of Support [to
be distributed].
Motion No. DSC191002-11
Moved by Scott, Seconded by Macpherson
It is recommended
1. That the correspondence dated September 26, 2019 from Geoffrey Campbell,
2639025 Ontario Inc. re: Municipal Support Request for Minster's Zoning Order be
received.
2. That Council of the Township of Oro-Medonte support the implementation of a
Ministerial Zoning Order (MZO) as outlined in the correspondence dated September
26, 2019.
3. That the appropriate correspondence to the Honorable Steve Clark, Minister of
Municipal Affairs and Housing be prepared under the Mayor's signature.
Carried.
10.Next Meeting Date:
Wednesday, November 6, 2019.
11. Adjournment:
a) Motion to Adjourn.
Motion No. DSC191002-12
Moved by Veitch, Seconded by Greenlaw
It is recommended that we do now adjourn at 7:41 p.m.
Carried.
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Deputy Mayor Jermey, Chair Derek Witlib, Manager, Planni6glervices
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