06 03 1991 Public Minutes
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THB CORPORATION OF THB TOWNSHIP OF ORO
SPBCIAL PUBLIC KBBTING
MONDAY JUNE 3. 1111 Ct '1:00 P.M. - COUNCIL CllAllBDS
ORB HUNDRBD AND SIXTIBTH MBBTING 1188-1111 COUNCIL
The following members of Council were present:
Reeve Robert E. Drury
Deputy Reeve David Caldwell
Councillor Alastair Crawford
Councillor Allan Johnson
Absent:
Councillor David Burton
Also Present Were:
Ms. Kris Menzies, Mr. Louis Kovacs, Mr.
Scott Brumwell, Ms. Celeste Phillips, Mr.
Berardo Mascioli, Mr. Donald R. MacDonald,
Mr. Darrell Karas, Mr. G. Daniels, V. Bell
Ms. Pat Thompson, Mr. Ron Sommers and One
Member of the Press.
Deputy Reeve David Caldwell chaired the meeting.
Deputy Reeve David Caldwell opened the meeting by explaining to
those present that this Public Meeting was to obtain public comment
with respect to a proposed Official Plan and Zoning By-Law
Amendment, under section 17 and 34 of the Planning Act. The
applicant has applied to redesignate and rezone certain lands
described as Part Lot 11, Concession 2, (Kovacs).
To date, the Council of the Corporation of the Township of Oro have
not made a decision on this application, other than proceeding to a
Public Meeting. Only after comments are received from the Public,
Township Staff and requested agencies within the appropriate time
period, will Council make a decision on this application.
Notice of the Public Meeting was mailed out on May 14, 1991, to all
property owners within 400 feet of the subject lands. Notice of th
Public Meeting was also placed in both the Barrie Examiner and
Orillia Packet and Times on May 14, 1991.
The Deputy Reeve then asked the Clerk if there had been any
correspondence received on this matter. The Clerk responded by
indicating that correspondence had been received from the following
individual and agencies:
1.
A letter from Liam Marray, Watershed Planner of the Nottawasag
Valley Conservation Authority, dated June 3, 1991, indicating
that the Ministry does object to the proposal based on their
mandate for the prevention of flooding and erosion.
2.
A letter from Herman Vanwesenbeeck of the Ministry of
Agriculture and Food, dated September 2, 1988, indicating that
they did not object to the proposal.
3.
A letter from B. Keating, dated June 19, 1989, requesting
permission to leave their present residence standing while
their new house is being constructed on Lot 27, Concession 2.
Note:
The Clerk read the above noted pieces of correspondence.
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The Deputy Reeve then stated that those persons present would be
afforded the opportunity of asking questions with respect to the
proposed Official Plan and Zoning By-Law Amendment.
Deputy Reeve David Caldwell 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 as
well as to introduce the proponents consultants who would assist in
this explanation.
Kris Menzies:
Donald R. MacDonald:
Berardo Mascioli:
Donald R. MacDonald:
The applicants are located on Part Lot 11,
Concession 2. They currently own a little
over 21 hectares of land and are proposing
a twenty seven lot Estate Residential
Subdivision. They are proposed to be
providing a 5% Parkland Dedication which i
located on Block 28 and it is a little ove
one hectare of land. The current
designations on the property are multiple.
They are designated under the Official PIa
as, Agricultural, Environmental Protection
and Commercial. They are zoned
Agricultural and Hazard Land. The propose
redesignation is to Country Residential.
The proposed rezoning is to Estate
Residential. The applicants are also
proposing the development on individual
wells with one central roadway.
R.R. 6, Orillia. It seems the Ministry of
Agriculture and Food do not really have a
concern about it, although I do myself. I
is agricultural lands and they grow good
crops of alfalfa, etc. I would have to
wonder if the Township keeps on passing
amendments like this one, they might as
well make it be Orillia; let Orillia and
Barrie amalgamate and take over Oro and se
where the taxes will go then. Ministry of
Agriculture and Food, is that the policema
guarding the bank and robbing it too?
R.R. 2, Shanty Bay. I may make issue of
the comments made just a moment ago with
this gentleman here from R.R. 6, Orillia.
In so far as I have a farm up on the 11th
Line of Oro and I am experiencing great
difficulties in locating a farmer to even
come and cut the hay off of it on a 50/50
basis. I really do not think at this time
I would perhaps put some support towards
Mr. Kovacs proposition, assuming the
engineering difficulties can be addressed,
for the simple reason that farming per say
is becoming less and less economically
feasible in the Township of Oro.
This problem with finding people to cut
hay. The farmland is priced at such a rat
that no farmer can buy it for farming
purposes, so therefore the land has been
made into a commodity rather than a
resource with which to feed the people of
ontario and Canada. We can import sure,
but why do we have the Goods and Services
Tax?
Donald R. MacDonald:
Garth Daniels:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Scott Brumwell:
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Because we have a deficit within the
Country, so I guess eventually some day we
will all go broke and not be able to impor
because of importing destroy Brazilian Rai
Forest, and have the good Agricultural Ian
sitting here doing nothing. Why destroy
our resource here? This argument the
gentleman before me used, I feel is just a
shallow argument.
R.R. 1, Shanty Bay. By looking at the pIa
there, where does the street go?
It goes from the first line right over to
the second line.
From my understanding of looking at the
plan, are the lots placed on the fill area
The mapping that has been provided by
Planning Consultants shows: (Planner
indicated what the different areas would b
used for.) None of the proposed lots are
proposed to extend within the Floodplain
line. A portion of lot 16 and all or most
of lot 15 are proposed to be in the fill
line area.
Oro Township do not recognize some of the
Nottawasaga Valley yet, and what I am
wondering is because they don't, then
Nottawasaga has no control over the
placement of fill in that fill section?
The applicants would not be required from
the NVCA to get a fill permit.
Therefore, there are concerns of perhaps
silting, eventually an erosion, eventually
ending up in willow Creek.
I can't address that, I think you would
either have to ask the consultants if they
have done that within their studies or ask
NVCA that question, I am not a water
resource planner.
Is that not something that the Township
does get concerned about?
We make every effort to recognize the
comments of all the commenting agencies
such as the Nottawasaga Valley Conservatio
Authority.
You are right in the fact that this is
outside the floodplain area so there is no
permit required. In our discussions with
the NVCA to date, is what we have agreed
upon is that the subdivision agreement has
a clause in it which states that the site
plans for lots 15 and 16 will have to be
reviewed and approved by the Conservation
Authority. As far as the siltation, there
will be a report prepared before final
approval, it must be approved by them and
believe the MNR might be involved as well.
Garth Daniels:
Kris Menzies:
Garth Daniels:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Deputy Reeve Caldwell:
Pat Thompson:
Scott Brumwell:
Pat Thompson:
Scott Brumwell:
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I do not know whether this has much to do
with it or not but I believe there is a Go
Cart Track, is it not directly beside it?
Do you not think that perhaps a Commercial
area and Residential area are too close
together in this case?
Yes the Go-Cart proposal that has been
recently passed is in this area, (pointed
to the map)
What is the developer going to do to
protect the people who are going to
supposedly purchase these lots there? I d
not see how you can mesh the commercial an
residential so close without buffers or
anything.
Is the roadway going through wetlands?
This section of the roadway up here is
proposed to go through wetlands and the
NVCA has not addressed that in their
comments as yet.
What about the Ministry of Natural
Resources?
No, they have not been contacted to date,
at this level.
Do you know what Class wetland that is?
I believe it is Class 2.
Does the Council have thoughts on that, of
putting a road through Class 2 wetlands?
Council is aware of what the classificatio
is and certainly has to be discussed with
the proponent. The concern has to be
addressed by the proponent and the
appropriate agencies as to what effect it
mayor may not have. Concession 2, alread
cuts through the entire wetland. This roa
extension, if it ever goes in, would simpl
run across a corner of the wetland that ha
already been severed. It would not be
going across the creek.
What you are saying is you are filling in
some wetland to make that road?
The designated wetland in this area is
about 50 metres wide. As far as filling
it, we will not fill it, we will go in wit
the existing grade through the area. So i
is a case of excavating and putting the
road base in.
I understand that there is another water
course, is that true, leading into willow
Creek?
You are probably referring to this ditch
here? (Pat Thompson indicated Yes) This
is a man made ditch.
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Pat Thompson:
Scott Brumwell:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Pat Thompson:
Kris Menzies:
Deputy Reeve Caldwell:
Garth Daniels:
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So it still effects willow Creek? (Scott
Brumwell indicated yes) So it does not
matter if it is man made or not? (Scott
Brumwell indicated that was correct.) Wha
are the plans concerning the steep slopes
and siltage?
There will probably have to be a soil stud
done to confirm the stability of the
slopes, right now they are very stable
because there is no road present. Our
siltation report will also address the
siltation issue.
There seems to be a lot of information tha
is yet to come in, is there going to be
another Public Meeting?
This Public Meeting is to look at the
concepts of the Development proposal. Wha
this Township tends to do is get a lot of
subdivision level of information, prior to
going to a Public Meeting. Although the
Public Meeting is dealing with the concept
of the plans, we require the consultants t
be able to answer a lot of subdivision typ
of issues. And no there will not be
another Public Meeting, unless the
proponents decide to increase the density
of their proposal, which I don't think the
are even considering at this time.
I just thought that when the answers came
to more of those questions, that it would
maybe only be right to have another Public
Meeting so that the Public knew really wha
was coming next.
No, what we are dealing with here now is
the concept of developing 27 lots. That i
the purpose of the Public Meeting. A lot
of the various basic issues that go on, th
development agreement will be taking care
of that at the Plan of Subdivision stage.
More detailed comments will be coming fort
from the effected agencies and Council wil
address those at that time. That is why
you did not see detailed comments from the
NVCA tonight.
But you are saying we will not see them
again either.
We will not have another Public Meeting,
no.
This is the opportunity for the Public to
raise their concerns and then Council
considers them before it makes a decision
on whether it will redesignate the land or
not redesignate. If the decision is made
to redesignate the land, it is Council's
responsibility to ensure that all the
concerns that have bee raised are
appropriately addressed.
The land on the other side of the first
that has the Goedemondt For Sale sign on i
now, how is it zoned?
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Kris Menzies:
Garth Daniels:
Kris Menzies:
Celeste Phillips:
Donald R. MacDonald:
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That area is designated Industrial.
I just come back to my previous comment.
You have commercial all around the outside
and then down the other side you have
industrial. Do you think that it is prope
that a residential should be placed here,
it does not seem right to me?
The compatibility of land is something tha
they are definitely going to be looking at
I am here on behalf on Mr. Kovacs tonight,
as a Planning Consultant with Jorden and
Jones. There is a couple of issues I woul
like to address. The most recent comments
about compatibility, I think what we have
to remember is that many of the uses along
Highway 11 in this location are Industrial
and Commercial and there has to be a
transition at some point from the
Industrial/Commercial corridor to the
residential/rural character of Oro
Township. We also have to remember that
the lands to the north are vacant rural
lands and there is some single family
dwellings in the area. I cannot support
the argument that there is a conflict
between the Industrial and Commercial.
One other point that I would like to raise
regarding Mr. MacDonald's comment in
respect to the use of the land for
agricultural purposes. We do have comment
as you know from the Agriculture and
Foodland Ministry, who have advised that i
their words was "declining in use as a
farming community". In this particular
area they consider the lands to be of non
agricultural use. Perhaps if this is no
longer an intent farmed area and more
suitable for Estate Residential Use.
In reply to Mrs. Thompson, we have
certainly listened to your concerns
regarding the environment, regarding the
wetland and we can tell you that we will b
meeting with the Nottawasaga Valley
Conservation Authority in an attempt to
certainly address their concerns and
certainly your concerns are also their
concerns and we hope to resolve those
before we have final approval.
Yes, this declining use of agriculture, yo
have to look deeply at that, the reasoning
for it. I have right here from Lou
Goedemondt Real Estate, all about what
Official Plan Amendment No. 34 was, which
pursued to the O.M.B. unsuccessfully. It
was put For Sale sometime last Fall, the
home factory that was suppose to be,
Heritage Homes, has since gone defunct. I
have other concerns, that being if this
does get passed, why is it that there are
three lots onto the sideroad? Why isn't
there a sideroad on the sideroad rather
than fronting on the major sideroad?
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Donald R. MacDonald:
Berardo Mascioli:
Pat Thompson:
Berardo Mascioli:
Donald R. MacDonald:
Berardo Mascioli:
Garth Daniels:
Celeste Phillips:
Garth Da.niels:
Audience:
Reeve Drury:
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I would like to summarize that I am in
opposition to this. As far as Agricultura
land in concerned, I consider it
discrimination on the part of whatever
governments, discrimination against
bonifide farmers.
My final comments on this proposed
subdivision is that it has taken into
account all the engineering questions,
environmental questions in a reasonable an
timely manner and this would be a very
appropriate use. I have lived in that are
for over eighteen years now and it has bee
quite sometime that anyone has done
anything with it and I wish the gentleman
all the best of luck and hopefully in doin
so get a few more taxes for our Township s
to perhaps cut down my taxes a little.
I just wanted to agree with Donald
MacDonald regarding the three lots on the
concession road and that they should be
part of the subdivision.
In regard to the three lots that front on
the 2nd Concession, I can perceive the
necessity for that since all those homes
that are going to be existing there face
onto the 2nd Concession and I think it onl
natural that the lot severance when made
will take that into account. It is really
difficult to change your front door to the
back door.
Sir, I believe you are working on the 2nd
Concession, that is the 1st Concession on
the left hand side of the map.
I stand corrected, my comments will stand.
I have one question for Ms. Phillips. You
stated that the property in behind was
Agricultural I believe?
Yes.
Where is the Shanty Bay Golf Course in
relation, is it almost directly behind it?
I believe the land directly behind it is
swamp, is it not?
(Various people in attendance commented an
it was clarified that the Shanty Bay Golf
Course was actually two properties to the
north.)
If I may comment. I am very familiar with
all that land back there and my experience
with that land for agricultural use is tha
if a jack rabbit was going to try and make
a living off there he best get a job in
town also to subsidize his income. It is
not what you would call very good farmland
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Donald R. MacDonald:
Reeve Drury:
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In talking about the land directly behind,
I don't know whether too many people are
familiar with tile drainage but that
certainly would improve the land behind
where the wet is. In fact, it would be
very, very productive land if it was
properly tiled. A couple of weeks ago, I
did observe a tile drainage truck parked
just opposite the first concession there
somewhere around where the roadway is
proposed and large rows of tile in the
field just to the left of that. So it is
being farmed Agriculturally to the left an
in actual fact they are tiling the land so
there must be valuable land there. Some 0
it is classed 1, 2 and 3 land in that area
I guess if Mr. VanWesenbeesk or whoever at
the Ministry of Agriculture and Food, if
they want to twist their maps around, then
I guess none of the land maps are correct
whatsoever. So where are we at, are the
land maps all wrong or are they partly
wrong or where are they.
I hear what the people are saying about th
three lots fronting on that 1st Concession
and perhaps the developer, before he bring
this concept back to us again could look a
a little baby cul-de-sac on the corner to
service those three lots. I know it is
more work for our snow ploughs, but it may
be feasible.
The Deputy Reeve after enquiring and ascertaining that there were n
further questions from those present, 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 Crawford, seconded by Johnson
Be it resolved that the Special Public Meeting of Council (Kovacs,
Part of Lot 11, Concession 2) now be adjourned @ 7:45 p.m.
carried
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