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09 21 1994 Sp Public Minutes .... TJIB C()RP()nTXON OJ' ftB TOWNSRXP OJ' ORO-1IBJ)OIftB SPBCXAL PUBLXC KBftXNG ~ ftDNBSDAY, SBPTBlIBU 21, 1994 (t 1:00 P.M. - COUNCXL CDHBDS ftXRTY-J'XRST KBftXNG 1991-1994 COUNCXL The following members of council were present: Deputy Mayor Ian Beard. Deputy Reeve Norm~n Dalz~el councillor Alasta~r crawford councillor Walter Dickie councillor Murray Martin councillor Leonard Mortson Absent: Mayor Robert Drury Reeve David Caldwell councillor Donald Bell Councillor Joanne Crokam staff present: Kris Menzies, Planner. Also Present Were: Larry Cotton, Thelma Halfacre, Shirley Woodrow, Larry Dekkama, Tony Mascioli, Bernardo Mascioli. Deputy Mayor Ian Beard chaired the meeting. Deputy 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 Zoning By-Law Amendment, pursuant to provisions of the Planning Act, section 34, R.S.O. 1990 c. P. 13. The applicant has applied to redesignate certain lands described as South Part of Lot A, Concession 2, (formerly Township of Oro). 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 september 1, 1994, to all property owners within 120 metres of the subject lands. Notice of the Public Meeting was also placed in both the Barrie Examiner and orillia Packet on september 1, 1994. Deputy Mayor Ian Beard then asked the Clerk if there had been any correspondence received on this matter. The Clerk responded by indicating that a copy of the original notice was received by the N.V.C.A. stating the lands were outside the flood plain of willow Creek and have no objection to its approval. The Deputy 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, Ms. Kris Menzies, to explain the purpose and effect of the proposed Official Plan and Zoning By-Law Amendment. Kris Menzies: Thank you Mr. Deputy Mayor. As the Deputy Mayor has stated, the property is located on Part Lot A, Concession 2 in the former Township of Oro, located just South of Highway 11. The purpose of tonight's meeting is to hear public comment on a proposed Official Plan Amendment and Rezoning. -- - 2 - Kris Menzies: f the Official Plan Amendment is to redesignate a The purpose 0 , t I believe, the 2nd small portion of land wh~~h runs on o'commercial in order to concession road, ,from Agr~~ultur:is;o council is considering permit a Commerc~al opera ~on. , 'f th hearing Public comment this evening on a rezon~ng ro~ e~al Agricultural zone, I believe it is, to a C-2, sorry, en commercial C-1 zone. Mr Chairman the owner, Mr. Mascioli are here as well ~s his co~sultant a~e here and they may be able t~ make commen or address questions for council and the Publ~c. Thank you. Deputy Mayor Beard: Ok, Mr. Mascioli, you have yo~r expert, so to speak, ,here to t t d 't yourself. You can use the board explain or do you wan 0 0 ~ if you like if you have a map. Larry Dekkama: Thank you members of council. My name is Larry Dekk~ma and I am representing the Masciolis'. The plan that we have Just stuck on the board, just before I get started. To help you under~ta~d what the application involves, the li~es alon~ the top (7nd7~ated on the map) is Highway 11. The area ~n blue ~s the Masc~~l~ s gas station and the shaded area was the land that was ~ubJect of a severance application but is not anymore. The area ~n yellow is what we would like to have rezoned from a 2 to C-1 and redesignated in the Official Plan. The area in purple is the balance of the Mascioli lands where they have their house and they live in. The shaded area actually is part of the area in purple and earlier they had applied for a severance to combine that shaded area with the gas station. councillor Crawford: Excuse me, you say it is now part of the area in purple? Larry Dekkama: It always has been. It has always been one property. It is one property. They had applied for a severance to have it go up with the gas station but that severance, the conditions to that severance, one of them was that the lands within the flood plain be rezoned and in order for the conservation authority to approve the rezoning application, they wanted to see a lot of studies that were going to take a lot of time and cost a lot of money. They indicated at the time that they would not have any object to rezoning the lands above the flood plain but anything below the flood plain, that was where the problem was and that was why the Masciolis' had a problem with the severance. So the severance, they could fulfil the conditions within the year and the severance has lapsed. It was finished in June. So right now, the reason that we are applying now is because there is an existing garage fronting on Concession Road, 2nd line and it is, would like to have permission to use it as a Commercial use. Right now it is part of the house property. We feel that this proposal is acceptable and that it could be supportable by council for the following reasons: The land is currently designated Agricultural in the Official Plan. There is no way that land can be farmed, it is not agricultural land. It is surrounded by the gas station on the one side, by the Mascioli's house on the other and the flood plain. It is just not farm land. It should not be designated Agricultural. -- 1 - 3 - Larry Dekkama: It is also immediately adjacent to an existing commercial operation only 60 metres from,Hi~ay 11 an~ fromi~ o~ 2nd Line. 2nd Line has a ramp go~ng onto the H~ghway. So ~t makes practical sense that this existing garage should be in the same zone as the buildings beside it and not on the same zone as the house which is further away. with the change in zoning of the Official plan, we feel that there will be no negative impact on the neighbours. There is no physical change proposed to the property or to the buildings and we do not think it will have any impact on any neighbouring properties. Also, Kris Menzies has circulated this application to several outside departments and internal departments and no one has indicated, as far as I know, any objection to the application. There is no technical problem with it either. Just to confirm the first point, we are only talking about rezoning the lands above the flood plain, nothing below the plain, we will leave that alone for now. Mr. Mascioli had intended earlier, with the severance application, to increase the operation, the size of the operation, again commercial, that still may come later but right now we would just like to get the rezoning for the garage so that he can use that for a Commercial use. It really makes a lot of sense because it is right next door to the gas station and he could use that to service cars and so on right there in~tead of in his existing bays which right now they ar~ not su~table because they are a little too old and run down. Deputy Mayor Beard: ~hank rOUe We will now take questions and we will ask anyone who ~~ ask~ng the question to state their name. Come forward to the m~ke please. Larry cotton: A question about the existing commercially designated lands. they under site Plan Control? Deputy Mayor Beard: Are Your name? Larry cotton: Sorry. It is Larry Cotton. Kris Menzies: Under the designation of th I d ' Oro-Medonte has assed a : an, as ~s no~, the ~nswer is no. areas zoned comm~rcial an~YI~~~ ~n,t~e spr~ng des~g~ating all Control and throu h ,s.r~a. as areas of s~te Plan subject to it Ii ~~t the.Mun~c~pal~ty there are spot areas yes it would be subje~tZ~~~~rt~O~~ th~oufh and a C-1 z~ne~ then no. It may be if it ' an on rol. So now ~t ~sn't a~roved. 1S approved. It will be if this is . Larry cotton: Thank you Mr. Chairman. Deputy Mayor Beard: Any further questions from the Public? Councillor Martin: Council? Mr. Martin. From Mr. Deputy Mayor through to our Planner, K me h th ris can you show were e lands are below the flood plain? --- - 4 - Kris Menzies: has already outlined it. This area, Yes, basically, Mr. Dekkama, 'n bit into this property I believe it comes thrOUg~ Ju~t ~lt~fYthiS is flood plain. There here (indicated on map) a mos a , ht 2 acres , , t a little small area. I would guess r~g now, ~~afu~s not in the flood,pl~in at the f~ont of the property. The balance of the property ~s ~n flood pla~n. councillor Dickie: M or I am a bit confused on, if we rezone Th~nk you Mlr. hDePtutdYoesa¥t belong to? Is it a separate parcel in th~s parce , w a ~ " ? d 't itself or does it belong to the Commerc~al part. or, oes ~ belong to the Agricultural part? Kris Menzies: It would be, if I could Mr. Chairman, what,is c~lled a spot zoning. You can have pieces of property w~t~ d~fferent zones on it. As an example, the way this property ex~sts today, part of it is zoned OS-2, which if Oro's form,of hazard la~d o~ environmentally sensitive land and th~s small ~ort~on ~s zo~ed agricultural. What the proponents are request~n~ after the~r OPA, is that the Agricultural portion go Commerc~al, the ~alance remain as it is. So it will be what I term as a spot,zon~ng. It will still remain with the larger parcel of land by v~rtue of the zoning it does not create an additional parcel. councillor Dickie: supplementary, does the proponent have, he was talking about a severance, now by zoning this will you want a severance to sever this off your agricultural and residential property to make it either stand alone or so that it can be joined with other commercial property? Tony Mascioli: From this moment, because the garage is there, we use the garage commercially because the other garage and the gas station you cannot use anymore because it is against the law of Minister of Consumer and Safety. At this moment, we would like to have the permit to use the garage as commercial but in the future, we would like to have a severance and attach the one part with the motel and gas station and garage. Deputy Reeve Dalziel: Mr. Deputy Mayor, I am not sure what the answer was Kris to Councillor Dickie's question. It is my understanding that there will never be a severance of that parcel of land. Kris Menzies: The application, last year before the Committee of Adjustment was a lot addition. It is a Consent process but it takes a piece ~f land off something and adds it to another one. That concept ~s not unforeseeable under the policies of the Oro Official Plan or the Medonte Official Plan as a matter of fact. By virtue of this going commercial, if Council and the Minister see fit to do that and rezoning it, the concept of a lot addition still remains. Severance, i.e. creating a separate piece of land is a whole other matter. Deputy Reeve Dalziel: So you are saying that it might readily be severed northward, I will call it northward, at some future date? ~ , . \ - 5 - Kris Menzies: 'f I understood him It may be by Mr. Mascioli, I believ7 ~, the future. tl that is his wishes somet~me ~n correc y, councillor crawford: , boundary adjusting rather I think Mr. Deputy Mayor~ th7 term ~~ndar from one place to than severance. J~st adJfust~ng ~yb~nto a~other, rather than, we another to put a p~ece 0 pr~per always called it boundary adJustment. councillor Martin: Thank you Mr. Deputy Mayor. appropriate? Recommendations Kris? Or is that Kris Menzies: I would be uncomfortable doing that. councillor Martin: Do you have any objection to . .. Deputy Mayor Beard: I think that Kris will report to us for our Committee meeting to consider this. Kris Menzies: I would that is normal course of action and I would prefer to do that be~ause I would really rather give you an educated opinion rather than a flippant answer which I would only be in a position to do right now. Deputy Mayor Beard: Does anyone here have any comments on this rezoning? There being no further questions or comments, when being called for the third time, the Deputy 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 Clerk. MOTION NO.1 Moved by Dalziel, seconded by Mortson Be it resolved that this Special Public Meeting of Council (South Part of Lot A, Concession 2, formerlyOro) now be adjourned @ 7:16 p.m. Carried. ¿~- ßJ DEPUTY MAYOR IAN BEARD