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10 15 1997 Sp Public Minutes . II " I I' II II II II Ii II II II II II II ¡i it Ii II Ii Ii I NE HUNDRED & TWENTIETH MEETING 1994-1997 COUNCIL II ~he following members of Council were present: II ìÌ II P il tl II Ii Ii II II i' II II ~bsent: Ii THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SPECIAL PUBLIC MEETING WEDNESDAY, OCTOBER 15,1997 @ 7:00 P.M. - COUNCIL CHAMBERS Mayor Ian Beard Councilor Walter Dickie Councilor Don Bell Councilor Neil Craig Councilor Thelma Halfacre Councilor Ron Sommers Deputy Mayor Murray Martin P Ii Ii iÌ i$taff Present: II II II II 'I II Ii ¡i II II Ii Ii IAlso Present Were: David S. White, Ron Watkin, Earl Robertson, I II David Knox, Ralph Hough, Rex Meadley, David II Hulme, Dave Viney, Rob Nicholson. Ii Ii I~ayor Ian Beard opened the meeting and explained to those present that the meeting I~ad been called under the authority of the Planning Act to obtain public comments with [reSpect to the proposed Comprehensive Zoning By-law. liro date, the Council of the Corporation of the Township of Oro-Medonte have not made ¡þecision on the amendment other than proceeding to a Public Meeting. Only after I.:.pomments are received from the Public, Township Staff and requested Agencies within !pn appropriate time period, will Council make a decision on this amendment. I, !Notice of the Public Meeting was mailed out on September 25, 1997 to all resident who Ibreviously requested notification. Notice of the Public Meeting was also placed in the ¡Barrie Examiner, Orillia Packet and Times, The Midland Free Press and Agencies and ¡the public who requested notice. ¡i II ¡trhe Clerk then indicated that correspondence had been received on this matter from: ¡Michael Smith, Burl's Creek Family Event Park and Barrie Speedway; P.K. Menzies ¡Þlanning and Development, Horseshoe Resort Corporation; Weir Associates; Skelton Ißrumwell and Associates; Nottawasaga Valley Conservation Authority; County of Simcoe; I.Robert and Jolanta Barcicki; Paul Perri; Stinson Theatres Limited; Raymond Walton I~unter, for Hardwood Hills; Michael Smith, for Pamela Balabuck and Diamond Country ¡Complex; MillsPlan Consulting Services for Stinson Theatres. .' i~ayor Beard state that those persons present would be afforded the opportunity of asking IRuestions with respect to the Amendment to the Zoning By-law. He then turned the ¡meeting over to Andria Leigh, Township Planner to explain the purpose and effect of the !þroposed Amendment to the Zoning By-law. " I Ii II ìI II II II II II i' d Nick McDonald, Deborah Broderick, Director of Recreation and Community Economic Development, Andria Leigh, Planner, Jennifer Zieleniewski, CAOfTreasurer, Keith Mathieson, Public Works II I: , ' I: I" iI : II 'I Irndria Leigh: Irrhank you your worship, actually I'm going to let Nick McDonald from the Planning ilPartnership do the presentation tonight. I. II !I INick McDonald: II il liMy name is Nick McDonald of the Planning Partnership and I am the author of the Zoning ¡ By-Iaw. The intent of the Zoning By-law 97-62 was originally to replace all of the existing ¡¡By-laws that were in effect in the Township of Oro-Medonte at the time, that included By- ¡!Iaw 1031 of the former Township of Oro; By-law 1990-22 of the former Township of ¡iMedonte and the portion of the By-law that applies to the former Township of Flos, ¡ivespra and Orillia that are now in the Township of Oro-Medonte. !~he By-law 1997-62 was adopted on the 2nd day of July 1997, eleven appeals to that i particular By-law were lodged and they were lodged by Mr. Paul Perri, The Diamond IICountry Complex, Kellwatt Limited and Epcor Capital Corporation, John Holland, The ¡IBarrie Speedway (1017854 ant. Ltd.) , The Burl Creek Family Event Park (576487 ant. !.l_~.Limited), Nova Continental Corporation, Horseshoe Resort Corporation, Dave and Kim ¡¡Viney (Hardwood Hills), Georgian Aggregate and Construction Limited and the County of (IS' Illmcoe. Ii 'I lIAs a result of receiving these appeals, By-law 97-62 did not come into effect because ¡Iuntil all appeals are dealt with by the Ontario Municipal Board the By-law does not come ¡Iinto effect. So this By-law has not been in effect since it was adopted in July 1997 and ¡[currently By-law 1031 and the other By-laws I mentioned that previously applied to lands ¡fin the Township apply. On the basis of the appeals received and the fact that notice for i~he original By-law was improperly given, Council decided to proceed and repeal By-law 1197-62 and replace it with a new By-law. The new By-law will be almost exactly the same lias By-law 97-62 however there will be a few minor changes. II 'I ¡IThese minor changes are being made to respond to four of the 11 appeals and some of f~he other changes are being made, and they could be considered to be of a house ¡¡keeping nature. The four appeals that council decided to try to address as part of this ¡¡particular process is the appeal from Horseshoe Resort Corporation, David and Kim ¡¡Viney (Hardwood Hills), Georgian Aggregates and Construction and The County of ¡¡Simcoe. tI II tI IJAII of the recommendations respecting exactly what is going to change in the By-law as a 1.lresult of these appeals is contained in a report that was provided to the Township and !!was drafted by myself and was dated October 17, 1997 and it is available for anyone here I~o take a look at. II I, ¡¡Generally speaking, with the Horseshoe appeal they have requested a number of Ilchanges of a technical nature to the definition and the standards that apply to Horseshoe l!Valley Resort owned-property; with respect to the David and Kim Viney appeal there was Iia request for some clarification as to exactly what uses are permitted on the Hardwood I¡Hills property; with the Georgian Aggregates appeal they requested some changes to the IIBy-law to ensure that the By-law was in line with the provisions of the Aggregate IIResources Act and Council has agreed with that and the By-law will be changed in that ¡Iregard; the County of Simcoe raised a number of issues in respect to the use of their ,Iparticular property. The issue essentially was that it was their opinion that the Township Iishouid have no control over what happens on the County land. The County of Simcoe Ilowns the property and according to the legislation in this province that is correct so the I!By-law will be changed in that matter. 'I I: ¡iThey also wanted to see some requirement in the By-law included that dealt with the Iridth of driveways and set backs from County roads throughout the municipality. It was I¡decided that was not appropriate, and would complicate the By-law and as a result there I¡will be a section or a paragraph at the beginning of the By-law that explains that if !¡someone wants to build something on a County Road that they have to go talk to the ¡Icounty to determine what their requirements are. ., II II 'I I¡ ;1 II I . II II Ii II II lL III here are a number of other very minor housekeeping changes that I will just basically ~Ioss over and if anyone has any questions about any of them they can certainly ask. II the first one is that we have exempted the airport from the height provisions of the bylaw. Whe second thing is we added agricultural uses, forestry uses, portable asphalt plant, fr'ayside pits as permitted uses in the MAR 1 Zone and that is the zone that actually ¡permits pits. The third thing, we deleted private clubs and custom workshops from the I~AR2 Zone, and that is the zone that is set aside for future pits we felt that those uses !.lfTlay be incompatible with uses typical in that area. The fourth thing we identified in what ~one outdoor storage would be permitted, previously the bylaw was not clear on this ¡matter and it was decided that it would be appropriate if everyone knew exactly where ibutdoor storage would be permitted provided it was accessory to a use in the Township of ¡þro-Medonte. The fifth thing, is we changed the zoning on one lot that was located on the ~ourth line adjacent to Lake Simcoe. It was incorrectly zoned RLS. It should have been Ironed SR to reflect the fact that it was accessed by a public road ie. the Fourth Line. II Ifhe next thing is, we changed the lot frontage and lot area requirements on a property on ¡~art of Lot 27 and 28, Concession 5 this property was previously subject to a zoning By- I..aw amendment but the n~mb~rs were incorrectly translated a,nd carried forward into the ! ew By-law. The next thing IS, we re-zoned the property In the east half of Lot 9, Iponcession 9 Township of Oro from the MAR1 Zone to the MAR2 Zone. This property is þne of the properties that was subject to the OMB Hearing in 1994 regarding the pits in ~hat area but the OMB chairman reserved their decision on this particular property and ~hat was never an issue. It was felt the property should revert to an MAR2 zoning. II three more things, we reduced the yard required for an accessory building in the former ¡township of Orillia to reflect what the existing By-law now indicates in the Township. And ~e included new provisions for detached accessory buildings in the industrial-commercial :.Ifone, bylaw 97-62 did not contain that provision and it was felt necessary to ensure that Ithere were such provisions in the bylaw and we also included new provisions for ¡detached accessory buildings in the open space, parks and recreational and future I~evelopment zones. II ~II of the letters that have been received prior to today's meeting and all of the comments ¡that are made this evening will be reviewed by myself and by staff and a report will be lþrepared that will go to council for the November 5 meeting of council at which time it is ¡roped that council will have passed the new By-law. il I~ny questions? I will be more than happy to answer them. I' i~ayor Beard: ii II I~ow at this point we will have anyone who wished to ask any questions come forward, Irnd state your name for the record. We are recording this meeting to provide an accurate ¡record of the proceedings. ! 'I liaVid White: ¡My name is David White and I am representing Kellwatt Limited and Epcor Capital lþorporation. The owners of the land on the south-west quarter of Lot 4, Concession 4. ¡¡fhis 50-acre parcel is located in the Horseshoe Valley low density residential designation ¡þn the Official Plan and my plans are to ask that the property be zoned to reflect that lþesignation. It's their position that the zoning as proposed, which is the agricultural rural I~oning doesn't reflect the Official Plan and therefore doesn't conform with the Official ¡Plan. II II ¡Nick McDonald: 11 Ii would like to make a quick response, Mr. Mayor. The issue of the zoning of that iþarticular property was dealt with at a council meeting in early September and it was my ¡recommendation at that time that it would pre-mature to zone the land in accordance with tI ,I II II " II II " 1 '¡j Ii ~ II I, II Ithe Official Plan. It is my opinion as well that it was not the intent of the Official Plan ~o pre-zone land for development, particularly in that area, given that there are a number lþf issues that need to be addressed, ie. servicing and the need for improvement to l -iorseshoe Valley Road and County Road 57. The property is designated for i~evelopment and it is a given that the development will eventually occur on that property Ibut there are a number of issues that need to be resolved before zoning actually ¡happens. II lþavid White: !~r, Mayor through you its my understanding that the Official Plan does not contain a lþrovision stating that properties will not be pre-zoned. There's no such provision. It's my ¡~nderstanding that the Horseshoe Valley designation indicates the low-density residential I~esignation indicates that all lands so designated will also be zoned for low-density Iresidential. So I fail to understand how you can have an agricultural-rural zoning that lþonforms to that Official Plan because there is no policies to provide for it. " 'I 'I I~ayor Beard: INext person who wishes to comment at this time. If . Ii ¡~on Watkin: IRon Watkin, on behalf of Nova. I just wanted to ask a question, I don't know whether it lþan be answered here. Having lodged the objection on the pervious By-law and paying I~he $125 fee to the board, is it possible to carry on with the objection to this one or do I ¡rave to go through the same $125 fee? II i~ick McDonald: !I II I~ would suggest Mr. Watkin that since the By-law 97-62 has been repealed it will no Ilonger exist, so if you wish to appeal the By-law positions of this particular plan you will !have to appeal the new bylaw and forward another fee. !I Ii ir.nayor Beard: i'f\ny further questions or comments at this time. Any further questions for the third time. ¡Council wishes to thank all those in attendance for your participation and will consider the [~atters before reaching a decision, If anyone wishes to be notified of the passing of the ¡proposed By-law, would they please leave their name and address with the Clerk. ii ¡¡Motion #1 I' [I ¡IMoved by Craig, seconded by Halfacre. II " Ii JIBe is resolved that this Special Public Meeting of Council (Amendment to the Zoning ¡!By-Iaw) now be adjourned at 7:21 p.m. Ii ì[ II II Ii II Ii II Ii II Ii :i II il II i' I P ,I ..' /:7 ¡I t:;~,~::- liMA YOR, IAN BEARD Ii II Ii I ~~.R~ CLER7,L YNDA AIKEN II Ij II II ¡ d iI !i : II Ii Ii ¡, '¡ Carried.