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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. Page 1 of 13 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. Page 2 of 13 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. Page 5 of 13 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. Page 7 of 13 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; Page 11 of 13 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. a W1 "X, zz�4"41M�11) Deputy Mayor Jermey, Chair Derek Witlib, Manager, Planni6glervices Page 13 of 13