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01 17 1996 Sp Public Minutes BIB CO1tPO1tU':tOB OP BIB 'IOD8UP OP oao-lI.BI)()'IfD D'lC:IUt P'UBL:tC DftD8 1I'IIDIJII8Da Y . .;:ruuaa Y 1'. 11 1 C . "as P... - COUBC:tL ~D- I'ORn-UDD lUIft:tNG 1114-111' COUllC:tL (P48j95) The following members of Council were present: 8 Mayor Ian Beard Deputy Mayor Murray Martin Councillor Walter Dickie Councillor Don Bell Councillor Neil craig Councillor Larry Cotton Councillor Ron Sommers Absent: staff Present: Mark Stagg, Planner, Andria Leigh, zoning Administrator Also Present Were: Beth Breau, A. Stoer, Bill Dixon, Allan Johnson, M. Vandergeest, Betty Veitch, Paula pick, Bill Dee, Les Faulkner, victor Dodd, Mary Dodd, Jacquie Besse, Shirley Woodrow, Ernie Dryden, Joyce Douglas, Barb Douglas, Ron Douglas, Mr. Mittermeyer, Rod Gill, Sherrill Gill, Gail Donovan, Bill Pidlysny, Bruce Wood. Mayor Ian Beard chaired the meeting. Mayor Ian Beard opened the meeting by explaining to those present that this Public Meeting was to receive public comments with respect to a proposed Official Plan Amendment, -under provisions of section 34, of the Planning Act. The applicant has applied to redesignate certain lands located in Part of Lot 7, Concession 8, former Township of Medonte from the Rural designation to a Site Specific Rural designation to permit a severance to provide for the construction of a residence and a dog kennel operation. 8 To date, the council of the corporation of the Township of Oro- Medonte have not made a decision on this application, other than proceeding to this Public Meeting. Only after comments are received from the Public, requested agencies and Township Staff, within the appropriate time period, ,will council make a decision on this application. Notice of the Public Meeting was mailed out on December 18, 1995, to all property owners within 400 feet of the subject lands. Notice of the Public Meeting was also placed in both the Barrie Examiner and Orillia Packet and Times on December 18, 1995. Mayor Beard then asked the Deputy Clerk if there had been any correspondence recei ved on this matter. The Deputy Clerk responded by indicating that Ron Kolbe, Chief Building Official and Fred Haughton, Public Works Administrator had no objection. - 2 - Joyce Douglas corresponded indicating an objection due to noise from the barking of dogs and Ron and Barb Douglas also sent correspondence objecting to more dogs in the neighbourhood. The Mayor then stated that those persons present would be afforded the opportunity of asking questions with respect to the proposed Amendment. He then turned the meeting over to the Township Planner, Mr. Mark Stagg, to explain the purpose and effect of the proposed Official Plan Amendment. 8 Due ~o ~echnical difficul~ies, ~he proceedings of ~his Public Ifee~ing were no~ successfully recorded. Ifee~ing no~es as provided by ~he Township Planner and as recorded by ~he Depu~y Clerk are as follows. Mark stagg, Township Planner reported that the purpose of this Official Plan Amendment is to provide a site-specific policy whereby the subject property might be severed for residential purposes. The property is approximately 10 acres in area and currently is an unused bulge in the Canadian Pacific Railway right-of-way. It fronts onto the 7th Line Concession Road and is approximately three miles north of County Road No. 22. The area is presently designated Rural in the Official Plan of the former Township of Medonte. The policies of the Official Plan state that scattered residential development in rural areas shall be discouraged. At the present time, Canadian Pacific Ltd. have a potential purchaser for the possible parcel who wishes to have a rural location where he can keep his team of sled dogs and be able to train and exercise them without having to load them into a truck to go elsewhere. The subject property is close to a large Simcoe County forest where, with the county's permission, it would be possible to train and exercise the dogs. The subject property is being purchased from the Canadian Pacific Railway by Mr. victor Dodd who proposes to establish a kennel operation on the property. Mr. Bill Dee of the CPR and Mr. Dodd addressed Council regarding their intentions for the operation of the kennel. 8 Mayor Beard opened the floor to questions from the public. Gail Donovan, a neighbour, voiced her concern about the noise generated by a kennel operation and her feeling that other property was available for such a purpose. Also present to express their noise concerns were Ron and Barb Douglas who also questioned whether site plan control would be a factor. A discussion occurred regarding the standard setback from a rail line and the maximum distance separation from the kennel to the Douglas property, which is approximately 325 feet. Noise concerns were also expressed by Mr. Mittermeyer. There being no further questions or comments, when being called for the third time, the Mayor in closing the meeting, thanked those in attendance for their participation and advised that Council would consider all matters before reaching a decision. He then advised those present that if they wished to be notified of the passing of the proposed By-law, they should leave their name and address with the Deputy Clerk. - 3 - MOTION NO.1 Moved by Sommers, seconded by cotton Be it resolved that this Special Public Meeting of Council (Part of Lot 7, Concession 8, formerly Township of Medonte) now be adjourned, at 8:25 p.m. Carried. 8 ~~ KAYOR IAN ARD LYNDA AIKEN, DEPUTY CLERK "'" 8 BIB CODOU.!':tOB OP BIB 'IOD8UP OP œo-KBDO1JH 8P1ICt.L P'UBL:tC DftD8 1rBD1ItB8Da.Y. .;:ruuaaY 1'. llle . "lS P... - COUllC:tL <:DIØ"D8 I'ORn-8J1COlm lUIft:tNG 1114-111' COUllC:tL (P46j95) The following members of Council were present: 8 Mayor Ian Beard Deputy Mayor Murray Martin Councillor Walter Dickie Councillor Don Bell Councillor Neil craig Councillor Larry Cotton Councillor Ron Sommers Absent: staff Present: Mark Stagg, Planner, Andria Leigh, zoning Administrator' Also present Were: Beth Breau, A. Stoer, Bill Dixon, Allan Johnson, M. Vandergeest, Betty Veitch, Paula Pick, Bill Dee, Les Faulkner, victor Dodd, Mary Dodd, Jacquie Besse, shirley Woodrow, Ernie Dryden, Joyce Douglas, Barb Douglas, Ron Douglas, Mr. Mittermeyer, Rod Gill, Sherrill Gill, Gail I Donovan, Bill Pidlysny, Bruce Wood Mayor Ian Beard chaired the meeting. Mayor Ian Beard opened the meeting by explaining to those present that this Public Meeting was to receive public comments with respect to a proposed Official Plan and zoning By-Law Amendment, under provisions of sections 17 and 34, of the Planning Act. The applicant has applied to redesignate certain lands located in East Half of Lots 15, Concession 6, former Township of Oro from the Environmental Protection Area designation to the Rural designation to permit a severance to provide for the construction of a residence and to rezone those lands as described from the Inherent Hazard Lands (OS2) Zone to the Rural Residential (RUR) Zone to allow for the construction of a residence. 8 To date, the council of the Corporation of the Township of Oro- Medonte have not made a decision on this application, other than proceeding to this Public Meeting. Only after comments are received from the Public, requested agencies and Township Staff, within the appropriate time period, will Council make a decision on this application. Notice of the Public Meeting was mailed out on December 18, 1995, to all property owners within 400 feet of the subject lands. Notice of the Public Meeting was also placed in both the Barrie Examiner and Orillia Packet and Times on December 18, 1995. - 2 - 8 Mayor Beard then asked the Deputy Clerk if there had been any correspondence recei ved on this matter. The Deputy Clerk responded by indicating that correspondence had been received from the Ministry of Natural Resources who found the proposed revision to the designation to be acceptable. The Mayor then stated that those persons present would be afforded the opportunity of asking questions with respect to the proposed Amendments. He then turned the meeting over to the Township Planner, Mr. Mark stagg, to explain the purpose and effect of the proposed Official Plan and zoning By-Law Amendment. Hark stagg: Mr. Mayor, and Council. We have two amendments in front of us tonight. One is to the Official Plan and one is to the zoning. The matter started to come alive at the beginning of the year when the owner made an application to sever a parcel of land. This was refused by the Committee of Adjustment on the basis it was contrary to the zoning and the Official Plan, both documents showing it as environmentally sensi ti ve. The applicant then made an appeal to the Ontario Municipal Board. This then led to further investigation at which point the Ministry of Natural Resources pointed out to us that they had made an error in the mapping that had been provided to the Municipality some years ago and the whole Official Plan for Oro was amended to pick up on the new at what was then the Environmental Assessment policy. Of course, the mapping they provided was for the whole Township so I suppose it's natural to say there could be some minor errors in it. Anyway, there was an error. So it became very clear to ourselves that we had a mapping error and to do justice to the si tuation we had to correct that mapping error both on the Official Plan and on the zoning. I brought the matter to this Council and said that we need to put the map correct and Council said yes, we started the process and we are here tonight with the correction to the Official Plan map. The other aspect of the matter, of course, is the zoning. I indicated to the applicant that our responsibility was to deal with,the Official Plan and we could, of course, amend the zoning to the Rural designation for that area as opposed, to the Environmentally Sensitive. However, if we wanted to proceed expeditiously, and perhaps collectively save some money; if we wish to take the chance and also put forward an application to rezone the property to Rural Residential (RUR) at the same time, we would do that and the applicant has indeed made his application and we're here tonight on that, as well. The intention of dealing with the zoning as well as the Official Plan is that if the ontario Municipal Board saw fit to grant the severance we would normally, if it was going to the Committee of Adjustment as 8 - 3 - 8 well, require that the property be specifically rezoned. So we're really sort of getting the paperwork done in case the ontario Municipal Board grant the severance. You may wonder why we're now leading in this direction to perhaps a positive resolution of the situation in front of the ontario Municipal Board because this is an isolated house in the countryside. I believe that the son of the applicant will probably live there and work with his father on the farm part time as well as his other job. I thought about this at some length. If the map had been correct in the first place, Mr. Stoer would have had the right to make his application for his severance some good number of years ago. We want to back in that time. I believe the policies and the approach at that time would probably have seen him obtain this severance. I do not personally feel that it's fair to come in with a new set of rules today based on the fact that he was dropped previously because of this mapping error which is not his problem; and therefore, I have decided to turn the clock back in my own mind and say what were the rules, as if we never had this mapping error, and I say to myself, yes, we would probably have had a severance, and on that basis therefore, as and when we get to the Board, it would not be my position to oppose the severance. I'm just trying to put the mapping right and bring us' to a situation that we should have legally have had about four, five, or six years ago. Hayor Beard Does the applicant wish to make any statements at this time? No? Does anyone of the people here present wish to ask a question or comment on this? state your name, please. Paula pick My name is Paula pick and I'm the immediate neighbour of Adi Stoer. I live on the west half of fifteenth lot. I didn't go to the first public meeting when the request for severance was discussed because I had talked to the Planning Department here and they had so many questions that I was pretty sure that the severance wasn't going to be granted. I don't really take issue with the remapping, that's not my area of expertise, I think Adi's correct in that the parcel of land he'd like severed is higher than the wetlands and, some distance away, technically, it's some distance away. Most of my property is Class 3 Wetland and it's one of the things that I'm very keen on protecting in the Township. I do have about four concerns regarding the severance but since I didn't go to the first meeting, I'd like to express them now in front of Council. The parcel is located on a curve and I know from the minutes that there was some discussion around this and I undertand from Mark that the Transportation Department, whatever it's called, Roads Department has said it's okay but I still have some concerns that it is a hazardous 8 - 4 - 8 curve. Most of you know, the 15j 16 side Road is driven like the 400, cars travel really fast on it and last winter one car coming around that curve did fly off, he was coming from the east to the west, he did fly off into the ditch just past our boundary. My second point is, and this may not be directly relevant, but it is a wildlife area and there's quite a number of deer that come through the area from Adi's forest into the meadow that's adj oining it. It's also a beautiful forest and I know he planted it, but it is a beautiful forest and I thought one of the directions of the Township was to protect forests. My last point is, I guess I'm not really convinced, and this is just my own personal opinion, I'm not convinced that the severance is really necessary and I thought the Township and Council was opposed to scattered development and scattered housing in the township. So, my question to council is, what are the rules for severances? Whoever wants a severance that if they meet all the conditions, whatever the zoning, do they get the severance? Or are we moving towards really not granting that number of severances. I wasn't r~ally aware of the history that Mark had talked about, I just know that when Adi applied for the original s~verance. I think that even though I don't really want bad feelings with my neighbour because he's a wonderfulneighbour (technical difficulties, recorded transcription ends). There being no further questions or comments, when being ,called for the third time, the Mayor in closing the meeting, thanked those in attendance for their participation and advised that Council would consider all matters before reaching a decision. He then advised those present that if they wished to be notified of the passing of the proposed By-law, they should leave their name and address with the Deputy Clerk. ' MOTION NO.1 Moved by Craig, seconded by cotton Be it resolved that this special Public Meeting of Council (East Half of Lot 15, Concession 6, formerly Township of oro) now be adjourned at 7:48 p.m. 8 Carried. ~ß~ MAYOR IAN ~.~..~. LL LYNDA' AIKEN, DEPUTY CLERK