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03 06 2024 Development Services Committee MinutesToiunsh: o f Proud Heritage, Exciting Future The Township of Oro-Medonte Development Services Committee Minutes Electronic Hybrid Meeting Wednesday, March 6, 2024 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Regrets: Councillor Lori Hutcheson Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Manager, Planning Special Projects; Michelle Jakobi, Director, Environmental Services; Kamil Burdyna, Manager, Development Engineering; Catherine McCarroll, Senior Planner, Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [0-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC240306-1 Moved by Schell, Seconded by Bard It is recommended that the agenda for the Development Services Committee meeting of Wednesday, March 6, 2024 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, February 7, 2024. Motion No. DSC240306-2 Moved by Clark, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, February 7, 2024 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. 6. Public Hearings: a) DS2024-031, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-02, Craighurst Limited Partnership, 1932 Horseshoe Valley Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jay Beech (Craighurst Limited Partnership). The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 26, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Severn Sound Environmental Association dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 27, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Celeste Phillips, agent on behalf of applicant, was present. Jay Beech, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240306-3 Moved by Greenlaw, Seconded by Bard It is recommended 1. That DS2024-031, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-02, Craighurst Limited Partnership, 1932 Horseshoe Valley Road be received and adopted. 2. That Minor Variance Application 2024-A-02 submitted by Craighurst Limited Partnership, specifically for relief to the minimum front yard setback (7.5 m (24.6 ft) to 5.0 m (16 ft)), the minimum interior side yard setback (7.5 m (24.6 ft) to 3.4 m (11.1 ft)) and the minimum rear yard setback (7.5 m (26.6 ft) to 4.0 m (13.4 ft)) to allow for a water service building to be constructed on a property municipally known as 1932 Horseshoe Valley Road, Oro-Medonte, be approved subject to the conditions as outlined in DS2024-031. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. Page 3 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. b) DS2024-034, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-03, Clifford Deumer and Kim Shettell, 6 Cumberland Court. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Clifford Deumer and Kim Shettell. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Severn Sound Environmental Association dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 26, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Clifford Deumer, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240306-4 Moved by Young, Seconded by Schell It is recommended 1. That DS2024-034, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-03, Clifford Deumer and Kim Shettell, 6 Cumberland Court be received and adopted. 2. That Minor Variance Application 2024-A-03 submitted by Clifford Deumer and Kim Shettell, specifically for permission to build a 77.3 sq.m (832.0 sq.ft) addition to an existing detached accessory building (garage) resulting in a floor area of 158.6 sq.m (1,707 sq.ft) on property municipally known as 6 Cumberland Court, be approved subject to the conditions as outlined in DS2024-034. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. Page 4 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. c) DS2024-028, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-09, Heritage Estates Events Inc., 421 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Walter Vaz (Heritage Estate Events Inc.). The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 26, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 27, 2024; Correspondence package submitted by Peter/Jocelyn McArthur dated February 27, 2024 and March 5, 2024; Correspondence package submitted by Walter Vaz dated February 27, 2024 and March 3, 2024; Craig Flegel dated March 1, 2024; Kim Hickling dated March 3, 2024; Correspondence package submitted by Lindsay Bernier dated March 3, 2024; Les Brown dated March 4, 2024; Philip Lanzarotta dated March 4, 2024; Dawn Richards dated March 5, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Walter Vaz, applicant, was present. Gary Bell, Skelton Brumwell, agent on behalf of applicant, was present. The following public comments were provided: Ted Redman provided comments that where they live, they hear the music but it is not loud and they cannot hear noise when in their house. Dave Burgess provided comments that they live 1 km away from property, have yet to hear any music, have more concerns and problems with the traffic, they hear Burl's Creek and they are located 12 km away, is in favour of application as it does not cause issues and is a benefit to the property. Ruth Howorth provided comments in support of the minor variance application, lives in community and works in hospitality in the tourism region, the enhancements have brought great benefits to the community and also locally economically, they are working with the Township and hope for approval of application. Les Brown provided opposition comments, he lives in one of three houses in the area directly affected, he has no benefit of a forest buffering noise, comments of the bass sound which travels through the ground, shakes windows/walls, has submitted complaints, questioned the number guests on the property, questioned if the applicant produces wine, the entitlement to have a business, website prices are for every day of the week, the disruption of his leisure time and when he retires, application is not minor as it is major, sounds like it is going to be approved, the hope that the noise issue will be addressed as it is every day, does not want noise after 11:00 p.m. at his property, vs. Burl's Creek is only 3-4 times a year. Page 5 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Philip Lanzarotta provided opposition comments, agreed to original rezoning and Agri Tourism application intended for local wine as primary use and to promote products, local artisans and community fundraisers, now is not the case and has grown into large scale enterprise consisting of large weddings 7 days a week, did not agree to this type of application, submitted noise after 11:00 p.m. complaints, understands there have been no noise by-law infractions to date, even if in agreement there should be measures in place between now and November, has no confidence this will be done and noise will continue to 2:00 a.m. every night. Craig Flegal provided opposition comments, major concerns regarding property, what approval of a variance will mean for his young family, if allowed variance which will then allow all ancillary issues being in place, tent allows for large scale weddings to take place in a large scale event, there is a gross increase in traffic all day for vendors, large scale trucks down road, family cannot enjoy their backyard and outdoors, comments of 34 events between August 4 and October 28 - 25 of which there were issues that they called in regarding excessive noise. He does not hear traffic from highway, white noise only, comments of wanting a peaceful community, have videos and documentation, sound levels cannot be justified how loud the noise is, enduring the entire summer of issues vs. Burl's Creek events being 3-4 days a year. Comments were provided of loud obnoxious intoxicated people during the day, no sense of security or peaceful environment has disappeared, would have liked to work out issues neighbour to neighbour but dismissed by applicant, noise by-law outdated and comments of amplified sound or decibel readings, hope one of the conditions is zero music to hear at all after 11:00 p.m. and mitigation issues should be in place before this time. Comments were provided that unfortunately, no respect for all involved, would like a respectful solution for both, want rules to be followed and the want to live in peace and enjoy his property, same as applicant. Peter McArthur provided opposition comments, referred to and read submission submitted on March 5 re history of property, proposed application, opposition comments the application is not minor, comments of past permits, construction of buildings/parking lot, no approval for plans/permits, permits submitted in previous years, hosting events and hostility of public interaction, noise by-law has no decibel readings, comments regarding obtained correspondence regarding past pre -consultation meetings, correspondence sent to the applicant and history of process. Lori Anne Lowdoyal provided comments, enhancement of property and work that has been done and welcoming, believes in agricultural tourism, hopes he has a good chance to succeed, believes real estate agent of no issue with conflict of the centre, and will support giving the applicant a chance of due process. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 6 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Motion No. DSC240306-5 Moved by Greenlaw, Seconded by Clark It is recommended 1. That DS2024-028, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-09, Heritage Estates Events Inc., 421 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2024-A-09 by Heritage Estates Events Inc. specifically to permit event functions within existing structures and on an existing concrete pad on a temporary basis on lands municipally known as 421 Penetanguishene Road, Township of Oro-Medonte, be approved subject to conditions as outlined in DS2024-028. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. d) DS2024-032, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-08, Jan Daly, 906 Moonstone Road West. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jan Daly. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Severn Sound Environmental Association dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 26, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. John Kennedy, agent on behalf of applicant, was present. Jan and Ron Daly, applicants, were present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 7 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Motion No. DSC240306-6 Moved by Clark, Seconded by Bard It is recommended 1. That DS2024-032, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-08, Jan Daly, 906 Moonstone Road West be received. 2. That Minor Variance Application 2024-A-08 submitted by Jan Daly, specifically to: o permit a kitchenette in an accessory building, o permit an accessory building with a maximum height of approximately 6.7 m (22.0 ft), o a floor area of approximately 344.76 sq.m (3,711 sq.ft), and, o a setback of approximately 23.3 m (76.44 ft) from an Environmental Protection (EP) zone. on lands known municipally as 906 Moonstone Road West, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2024-032, as amended, to add as an additional condition: • That the owner provide a legal undertaking to remove the addition to the grey accessory building on the property to bring it into compliance with the building permit issued for the building. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. e) DS2024-030, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-06, Robert Drury, 661 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Robert Drury. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 21, 2024; Township of Oro-Medonte, Environmental Services dated February 21, 2024; Ministry of Transportation dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Township of Oro- Medonte, Building Division dated February 27, 2024; County of Simcoe, Transportation and Engineering Department dated March 1, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Andrew McIntyre, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Page 8 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240306-7 Moved by Schell, Seconded by Greenlaw It is recommended 1. That DS2024-030, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-06, Robert Drury, 661 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2024-A-06 by Robert Drury specifically to construct a 48.2 square metre (518.8 square feet) addition to an existing non -conforming building to be used for office uses on lands municipally known as 661 Penetanguishene Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-030. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. f) DS2024-029, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51R41484 Part 1 (Oro). Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Garrett Hookey. The following correspondence was received: Beausoleil First Nation dated February 22, 2024; Township of Oro-Medonte, Operations Division dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Township of Oro- Medonte, Building Division dated February 26, 2024; Dave/Erin McFarland dated March 5, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Ryan Randell, agent on behalf of applicant, was present. Bruce MacDonald provided comments with respect to the wetlands across from property, history comments of previous owner and property, believes it is more of a ditch, water does not go anywhere, mostly dry and may be potentially from the grading of the road, and comments that may impact future applications. Staff confirmed that no additional public registrations were received. Page 9 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240306-8 Moved by Young, Seconded by Clark It is recommended 1. That DS2024-029, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51R41484 Part 1 (Oro) be received and adopted. 2. That Minor Variance Application 2024-A-07 by Garrett Hookey be deferred to provide the applicant with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans and to address the Nottawasaga Valley Conservation Authority's comments. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. 7. Reports of Municipal Officers: a) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2022- ZBA-15, Lisa Van Muyen, 1211 Line 3 South [Refer to Item 5a) 03 06 2024 Council Agenda]. Motion No. DSC240306-9 Moved by Bard, Seconded by Greenlaw It is recommended 1. That DS2024-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2022-ZBA-15, Lisa Van Muyen, 1211 Line 3 South, be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-15 by Lisa Van Muyen, specifically to rezone a portion of the subject lands from Agricultural/Rural (A/RU) to Agricultural/Rural Exception 352 Hold (A/RU*352(H)) Zone on Schedule A3 to Zoning By-law No. 97-95, as amended, be approved; 3. That the required Holding (H) Provision not be removed from the zoning of the subject lands until such time as the appropriate Site Plan is approved by the Township, the related Site Plan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement; 4. That the appropriate staff bring forth the By-law for Council consideration. 5. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 10 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-33, David Tomingas, 2249 Lakeshore Road East. Motion No. DSC240306-10 Moved by Schell, Seconded by Clark It is recommended 1. That DS2024-033, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2023-A-33 by David Tomingas specifically for permission to build a detached accessory building with an increase in height of 5.3 metres (17.4 feet) and an increase in floor area of 71.3 square metres (768.0 square feet), on lands municipally known as 2249 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-033. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. c) DS2024-035: George Vadeboncoeur, Manager, Planning Special Projects re: Information Report on the Status of the Eagles Rest Estates Plan of Subdivision, Application No. 2013-SUB-01. Motion No. DSC240306-11 Moved by Greenlaw, Seconded by Young It is recommended that DS2024-035, George Vadeboncoeur, Manager, Planning Special Projects re: Information Report on the Status of the Eagles Rest Estates Plan of Subdivision, Application No. 2013-SUB-01 be received for information only. 8. Next Meeting Date: Wednesday, April 3, 2024. Carried. Page 11 of 12 Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC240306-12 Moved by Bard, Seconded by Schell It is recommended that we do now adjourn at 8:25 p.m. Chair, Deputy fviayur, Peter Lavoie Carried. Manager, Planning Services; Secretary - Treasurer, Andy Karaiskakis Page 12 of 12