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10 17 2013 Committee of Adjustment AgendaPage Township of Proud Heritage, Exciting Future 1. OPENING OF MEETING: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, October 17, 2013 TIME: 9:30 a.m. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. ADOPTION OF MINUTES: 3 - 11 a) Minutes of Committee of Adjustment meeting held on Thursday, September 19, 2013. 5. PUBLIC MEETINGS: 12 - 29 a) 2013 -B -18 (Marcie and Jeff Binnie), 2027 Line 9 North, Application to adjust the boundaries of two existing two lots. 30 - 48 b) 2013 -B -19 (Skyline Horseshoe Valley Inc.), 1101 Horseshoe Valley Road, Application requesting consent to sever a new lot, to register a mortgage /charge with respect to the new lot and create an easement for the purposes of access and parking. 49 - 55 c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12, Application for Validation of Title over lands. 56 - 70 d) 2013 -A -42 (John Boville), Property located at the east side of Line 4 North (south of Horseshoe Valley Road West), Application for relief from Minimum Front Yard. * *Application was previously the subject of a Public Meeting on September 19, 2013 at which no decision was made with respect to the application. 71 - 84 e) 2013 -A -44 (1452711 Ontario Limited), Property located on the south side of Moonstone Road East, east of Ellen Drive (Concession 9, Part of Lot 15), Application for relief from Temporary Construction & Sales Uses - Permitted - Page 1 of 105 One (1) model home. 85 - 96 f) 2013 -A -45 (Eric and Nancy Brophy), 16 Dorthy's Drive, Application for relief from Rear lot line setback for accessory building and Exterior side yard for accessory building. 6. NEW BUSINESS: 97 - 103 a) Correspondence dated September 26, 2013 from the Ontario Municipal Board, re: OMB Decision, 2013 -A -18 (Christine and Wayne Lambert), 11 Palm Beach Road. 104 - 105 b) By -Law No. 2013 -182, A By -law to Amend By -law No. 2011 -013, Being a By- law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. 7. NOTICE OF MOTION: 8. NEXT MEETING DATE: Thursday, November 21, 2013 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... ---qm..-"17-411141116111\ anticb,notishipic fl Prwnd Heritage, Exerting Ftrluta- Thursday, September 19, 2013 Present: THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Scott Macpherson, Chair Roy Hastings Allan Johnson Larry Tupling Regrets: Bruce Chappell TIME: 10:01 a.m. Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Coordinator 1. OPENING OF MEETIN : Scott Macpherson assumed the Chair and called the meeting to order. 2. ADOPTION OF THE AGENDA; a) Motion to Adopt the Agend Motion No. CA130919 -1 Moved by Hastings, Seconded by Tupling It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, September 19, 2013 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Page 1 of 9 Page 3 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. 4. ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, August 15, 2013. Motion No. CA130919 -2 Moved by Tuplings, Seconded by Johnson It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, August 15, 2013 be adopted as printed and circulated. Carried. b) Minutes of the Special Committee of Adjustment meeting held on Friday, September 6, 2013. Motion No. CA130919 -3 Moved by Johnson, Seconded by Hastings It is recommended that the draft minutes of the Special Committee of Adjustment meeting held on Friday, September 6, 2013 be adopted as printed and circulated. Carried. Page 2 of 9 Page 4 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. 5. PUBLIC MEETINGS: a) 2013 -B -17 (1500494 Ontario Inc.), 8980 Highway 12, Application to obtain easements for drainage and access. Lisa Madden, agent, was present. Motion No. CA130919 -4 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -17, for a Validation of Title, subject to the following conditions: 1. That one copy of a Registered Reference Plan indicating the subject parcel be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed Certificate of Validation for the subject parcel, for review by the Municipality; and 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 3 of 9 Page 5 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. b) 2013 -A -38 (Murray and Raemonda Irwin), 125 Old Barrie Road West, Application for relief from Setback from EP Zone Boundary. Murray and Raemonda Irwin, applicants, were present. Doug Coughlin, neighbour, asked how the Environment Zone was identified on the property. Gary Hadley, neighbour, asked if the decision of today sets a precedent for any future applications. Motion No. CA130919 -5 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 38, specifically to permit an agricultural building (drive shed) possessing a reduced minimum setback to the Environmental Protection (EP) Zone of 10 metres, subject to the following conditions: 1. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, the proposed agricultural building shall otherwise comply with all other applicable provisions of the Zoning By- Law; 2. That the buildings and structures on the property be substantially in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 4 of 9 Page 6 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. c) 2013 -A -40 (Mobile Car Crushers Inc.), 445 Line 4 South, Application for relief from Non - Conforming Uses. Josh Morgan, Planner, was present. Motion No. CA130919 -6 Moved by Johnson, Seconded by Tupling It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 40, specifically to permit the expansion of an existing non - conforming use with floor area increase of 334 m2 (approx. 3595 feet2) 1. That, notwithstanding Section 5.18 of Zoning By -law 97 -95, all buildings and structures on, and the use of the subject property, shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the owner of the property at 445 Line 4 South; Concession 5, South Part Lot 23; Roll no. 4346- 010 - 008 - 10500) apply for, and enter into a Site Plan Agreement with Council for the Township, or revise the existing Site Plan Agreement, for the existence of, and expansion to, the non - conforming use and the non - complying building, on the subject property, pursuant to Section 2.3 of By -Law 2009 -062 (Site Plan Control By- law). 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13., and after Site Plan Approval is granted by the Township. Carried. Page 5 of 9 Page 7 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. d) 2013 -A -41 (Braestone Development Corporation), 3009 Line 8 North, Application for relief from Temporary Construction & Sales Uses. Eldon Theodore, Planner, was present. Allan Baker, representing the Jarret Coulson Group, objected to the application on the basis that OMB conditions have not been completed by the developer. He reviewed the significant wetlands in the area and the effects of development on those wetlands, and that the proposed development is against agricultural requirements in the Township's Official Plan. Bryan Nykoliation, developer, provided an overview of how the land came to merge and the proposed development of the land. John Hare, neighbour to the proposed development, noted a discrepancy in the advertising by the developer and builder. Joanne Pryde, neighbour to the proposed development, asked questions to the developer regarding proposed fencing, snowmobile trails and potential road paving. Motion No. CA130919 -7 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment approve Variance Application 2013 -A -41, specifically to permit the construction of two model homes on the subject lots. 1. That the two proposed model homes be built on proposed Lots 3 and 4 as identified on the applicants plan. 2. That the setbacks for the model homes be in conformity with the Residential One Exception 75 Holding Provision (R1 *75 H) Zone in Zoning By -Law 97 -95, as amended; 3. That all other forms of development associated with the model homes be in conformity with the applicable Zoning By -Law 97 -95, as amended; 4. That, prior to the issuance of any building permit(s) for the construction the model homes within the subject lands, the applicant shall: a) Construct that section of the future public road, from Line 9 North to the westerly limit of proposed Lot 4, to be operated and maintained solely at the cost and responsibility of the developer /owner, to provide access to the model homes until such as time the road is assumed by the Township; and b) Install a private temporary well, to be operated and maintained solely at the cost and responsibility of the developer /owner, to provide water to the two model homes until such time as connection to a municipal piped water service is available. 5. That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 9 Page 8 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. e) 2013 -A -42 (John Boville), Property located at the east side of Line 4 North (south of Horseshoe Valley Road West), Application for relief from Minimum Front Yard. Application 2013 -A -42 was dealt with in conjunction with Application 2013 -A -43. Michelle Cutts, Planner, was present. Helen MacRae, representing the Horseshoe Valley Property Association ( "HVPOA "), reviewed the concerns listed in a letter sent to Andria Leigh, Director of Development Services, undated (sent possibly to the Township in June 2013) and signed by Shauna Tozser, President of the HVPOA. Susan Stanbury, noted that the signs are simply for advertising purposes and do not direct any potential home buyers into the appropriate area. She added that the size and advertising materials are a distraction when driving. Allan Baker noted that there should be enforcement provisions such as fines or removal of the signs. Motion No. CA130919 -8 Moved by Tupling, Seconded by Macpherson It is recommended that the Committee of Adjustment denies Variance Application 2013 -A- 42 as it does not meet the four tests of the Planning Act. Motion No. CA130919 -9 Moved by Johnson, Seconded by Hastings Lost. It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 42, specifically to permit the location of existing Billboard Sign at a 3.8 metre front yard setback, subject to the following conditions: 1. That, notwithstanding Table B4 (B) of Zoning By -law 97 -95, as amended, the Billboard Sign shall otherwise comply with all other applicable provisions of the Zoning By -law as well as By -law 2010 -075 "Being a By -Law to Regulate Signs and other Advertising Devices "; 2. That the variance is granted only for the existing sign on the lands and not for any new or replacement signs. 3. That the appropriate zoning certificate and sign permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Lost. Page 7 of 9 Page 9 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. f) 2013 -A -43 (John Boville), Property located at the west side of Line 3 North (south of Horseshoe Valley Road West), Application for relief from Minimum Front Yard. Application 2013 -A -43 was dealt with in conjunction with Application 2013 -A -42. Motion No. CA130919 -10 Moved by Tupling, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 43, specifically to permit the location of existing Billboard Sign at a 3.8 metre front yard setback, subject to the following conditions: 1. That, notwithstanding Table B4 (B) of Zoning By -law 97 -95, as amended, the Billboard Sign shall otherwise comply with all other applicable provisions of the Zoning By -law as well as By -law 2010 -075 "Being a By -Law to Regulate Signs and other Advertising Devices "; 2. That the variance is granted only for the existing sign on the lands and not for any new or replacement signs. 3. That the appropriate zoning certificate and sign permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 8 of 9 Page 10 of 105 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — September 19, 2013. 6. NEW BUSINESS: a) Group discussion on the impact of a recent OMB decision. Motion No. C130919 -11 Moved by Tupling, Seconded by Hastings It is recommended that the group discussion on the impact of a recent OMB decision be deferred. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, October 17, 2013 at 10:0Q a.m: 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. C130919 -12 Moved by Johnson, Seconded by Tupling It is recommended that we do now adjourn at 1:29 p.m. Scott Macpherson, Chair Carried. Carried. Derek Witlib, Deputy Secretary Treasurer Page 9 of 9 Page 11 of 105 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... Page 12 of 105 TOWNSHIP OF OROo -MEOOo NTL Prnxd Fle.bn,Cr, Ex(iliq F. r. Application Flo: 2013 -B -1 To: Committee off Adjustment Prepared By: Derek 1 itlib, Manager, Planning Services Motion # Meeting ig Date: October 17, 2®13 Subject: Consent Application 20134-18 Wen : Marcie [Bums), 1991 Line 9 North Concession 10, `vest Part ®4 Lot 3 (Former Township off Oro) Roll #: 4346 - 010- 004 -04900 H. .S, File #: 010 -46582 REODIEED CONDMONS: The following conditions are required to be imposed on the Committee's decision on Consent Application 2013-B-18: 1. That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands, with an area of approximately 31.4 hectares (77.7 acres), be merged in title with the abutting lands to the west, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for and obtain an amendment to: a) Rezone that portion of the severed lands in the Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone to an Agricultural /Rural (A/RU) Zone; b) Rezone the retained lands from a Private Recreational Exception One Hundred Twenty - Five (PR *125)(H) Zone to an Rural Residential Two (RUR2) Zone; c) Amend the Mineral Aggregate Resource One Exception One Hundred Twenty -six (MAR *126)(H) Zone and the Mineral Aggregate Resource One Exception One Hundred Twenty -seven (MAR *127)(H) Zone to remove provisions related the development of an adjacent golf course. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The purpose of this report is to consider Consent application 2013-B-18 which proposes to permit a lot addition. Developprmer i1 SeMces f leetIng Date: October 97, 2013 ApOcation No. 2013 -B -18 Page 1 of 6 Page 12 of 105 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... Page 13 of 105 The subject lands (1991 Lone 9 North) contain an existing detached dwelling and resource pit. The lands have approximately 1,088.1 metres (3,570 feet) of frontage along Line 9 and a Dot area of approximately 33.82 hectares (83.57 acres). The lands proposed to be severed (shown as Part 1 on the applicant's sketch) consist of approximately 31.4 hectares (77.7 acres) and are intended to be merged with an adjacent residential lot known as 2027 Line 9 North and shown as Part 3 on the applicant's sketch. The lands proposed to be retained are shown as Part 2 on the applicant's sketch, consist of 2.58 hectares (6.38 acres) with 136 metres (446.2 feet) frontage on Line 9 North and contain an existing single detached dwelling and accessory buildings. ANIALYSM: The applicants have stated in their application that they own both of the properties involved (1991 Line 9 North and 2027 Line 9 North). According to the applicants, the purpose of the application is "to convey and merge the lands, achieve zoning of the lands that is acceptable to the Township and set out an acceptable rehabilitation plan and make the best use of the resources under Ministry of Natural Resources License #19850." The lands proposed to be severed comprise 31.4 hectares (77.7 acres), are vacant of buildings and are proposed to be merged with an adjacent 1.29 hectare (3.2 acres) rural residential lot, to result in a combined lot area of 32.69 hectares (80.78 acres). The application would not increase the number of Tots in the Township. Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. ThwnsHp Oiff6cW Plan The lands subject to this application are designated Rural, Mineral Aggregate Resources — Licensed and Oro Moraine Core Corridor Area according to the Township's Official Plan. Appendix 1 to the Official Plan also identifies the lands to consist of Primary and Secondary Aggregate Resource areas. Section D2.2.2 of the Official Plan pertains to boundary adjustments and states that: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. in reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. Dn addition, the Committee of Adjustment shall Development Services Meeting Date: October 17, 2013 Application No. 201348 -18 Page 2 o¢ 6 Page 13 of 105 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected." Both of the existing dwellings involved in this application are located on lands that are designated Rural according to the Official Plan and the permitted uses of the Rural designation include single detached residential uses. The balance of the lands, including the existing resource pit, contain and uses that conform to the Mineral Aggregate Resources - Licensed designation and the Oro Moraine Core Corridor Area designation of the Official Plan. Planning Staff is of the opinion that this application conforms to the Official Plan. It would not affect the aggregate extraction uses intended by the Official Plan and it conforms to the Official Plan's boundary adjustment policies. Townslh E�y °lam The lands proposed to be severed and retained include portions zoned Mineral Aggregate Resource One Exception One Hundred Twenty -six (MAR *126)(H) Zone, Mineral Aggregate Resource One Exception One Hundred Twenty -seven (MAR *127)(H) Zone and Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone. The MAR *126 (H) Zone and the MAR *127 (H) Zone are reflective of the aggregate resources on the lands and also contain special provisions with respect to setbacks and planting strips adjacent to a golf course. The golf course was never developed but remains the subject of the Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone on the lands, which contains provisions regulating the development of a golf course and an 8 -room tourist accommodation facility. The applicants have advised that they do not intend to develop the golf course and no longer wish to keep the (PR *125)(H) Zone on the lands and as, such, Planning Staff recommends that these lands be rezoned to a Rural Residential Two (RUR2) Zone on the proposed retained parcel and to an Agricultural /Rural (A/RU) Zone as a buffer between the retained lot and the lands currently zoned for aggregate extraction. Based on the above, Planning Staff recommends that the applicants apply for and obtain a rezoning as a condition of consent. Both the proposed retained parcel and the merged lands would possess lot areas and frontages that would comply with the provisions of the applicable zones. rota ty e Suomece Offflcial Plain The subject lands are in the area designated Rural and Agricultural and Greenland according to the County of Simcoe's Official Plan, as well as identified as a Licensed Pit /Quarry and as possessing Sand and Gravel Resources. Section 3.3.4 of the County Official Plan states that "[consents] for the purpose of boundary adjustments and consolidation of land holdings are permitted but shall not be for the purpose of Development Servooes Meeting Date: October 17, 2013 Applicatloro No. 2013 -B -18 Page 3 of 6 Page 14 of 105 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... creating new lots except as otherwise permitted in this Plan", and continues to state that "[all] lots created shall conform to all applicable municipal policies and bylaws." Since the proposed boundary adjustment would not result in the creation of a new lot, does not propose any new uses, does not hinder aggregate extraction on the lands and conforms to the Township's Official Plan, the application is considered to conform to the County's Official Plan. Provincial Policies This application is subject to the Provincial Policy Statement, 2005 (PPS, 2005), Growth Plan for the Greater Golden Horseshoe (Places to Grow), and Lake Simcoe Protection Plan (LSPP). With respect to the Places to Grow and LSPP policies, Planning Staff is of the opinion that this application does not propose any development that would be directly impacted by the policies of those Plans. With respect to the Provincial Policy Statement, Section 1.1.4 (Rural Areas) permits limited residential development, lot creation and other rural land uses, which Planning Staff interprets to include boundary adjustments. Section 2.5.2.4 states that mineral aggregate operations shall be protected from development or activities that would hinder or preclude their expansion or that would be incompatible. Since this application does not propose any new development, would not increase the number of lots and would not appear to adjust the property boundaries in a way that might hinder resource extraction, Planning Staff is of the opinion that the application is consistent with the Provincial Policy Statement. ICONSULTATIONS: Environmental Services Division — Transportation Services Division - Building Division — County of Simcoe — IATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Applicants' Sketch ICONCLUSION: Planning Staff recommends that Consent Application 2013 -B -18, BE APPROVED, subject to the recommended conditions of consent, for the reasons that the application conforms to Provincial policies and to the Official Plans for the County and the Township. Respectfully submitt d: Derek Witlib, MCIP, RP Manager, Planning Services Development Services Application No. 2013 -B -18 Meeting Date: October 17, 2013 Page 4 of 6 Page 15 of 105 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... SCHEDULE FE 1: LOCATION MAP 2013- (IB3En roe) Development Services Meeting Date: October 17, 2013 piication Flo. 2013-B-18 page 5 of 5 Page 16 of 105 901, 40 L I, abed ® 3 2 ID co LINE 9 NORTH .1222 & MARDIE LENNIE -1 ' y ,,,., 'p ^�,,� 1001 & 2027 LD1E 0 NORTH Llcen ( rec'}W�0:'( Si -vrcun ,S `4y1J t0,.g No. Drawn Bo: J.& 0- SS eu.0;e `�C),.�.i'ted \ t1 -Ion% °1+1,L'wv 1 staler Not to soak l Date: SEPT. 19.2018. k%O 0 z a m i ee 0 z 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901. 40 gL abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 61, abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 OZ abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, Jo LZ abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 ZZ abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 £Z abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 VZ abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 GZ abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901- 40 9Z abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 501, 40 LZ abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... 901, 40 8Z abed 5.a) 2013 -B -18 (Marcie and Jeff Binnie),2027 Line 9 North,Ap... GO I- 40 6Z abed 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... Page 30 of 105 TO 1Wi NNSHP Old ORO- ! LQ ON `SCE t.--..h.-1\, : REPORT Tnumeln Q Chi cV&Ifecto ,rite 7'rnnl fhrA {Q,. Px<irinR Fiilm Apppucatuon Flo: 2013 -B -19 Too Comm Mee of Adybostmroerut Prepared By: [Derek Vvotiib, Manager, Nanning Services Meeturo j Date: October 179 2013 S ubl'ect Consent Appiicatoon Sk y[h e ((Horseshoe Vaiiey inc. 1101 Horseshoe Vaiiey Road Concession 49 Part Lot 1 (Former Townsho i• of Oro Motion # G iii #: 4346 -010 - 002 -03500 RM.& f;=upe #: 1010-465 =•3 GEC O W IED CONIlemI Ns: Not appiicable at this tome. The purpose of the Consent Applications is to consider the creation of a new lot together with an easement for access and parking, as well as for consent to register a mortgage /charge. The lands proposed to be severed (Part 1 on the applicant's sketch) measure approximately 90 metres by 47 metres (295 feet by 154 feet), comprise an area of approximately 0.42 hectares (1.04 acres) and are intended for future development as a residential condominium. The lands proposed to be retained are irregular in shape, comprise an area of approximately 200 hectares (494 acres) and are intended for continued resort uses. Also proposed is an easement (Part 2) which is irregular in shape and comprises an area of approximately 0.22 hectares (0.55 acres). ANALLYSiS: The lands to be severed (Part 1) and the proposed easement (Part 2) are located immediately south of Horseshoe Valley Road and on the west side of Horseshoe Boulevard. The lands are vacant of buildings and structures and currently occupy a portion of the parking lot for Horseshoe Valley Resort. The proposed severance is intended to accommodate Phase 1 of a proposed two -phase condominium development known as Copeland House. The development is also the subject of applications for a Plan of Condominium (Application 2011 - SUB -03), Zoning By -law Amendment (Application 2011- 2BA -14) and Site Plan Approval (Application 2011- SPA -24). Phase 1 is proposed to consist of 4- storey building containing 84 residential units and Phase 2 is proposed to consist of a four storey building containing 73 residential units and 16 retail units. The applicant has advised that the severance currently being requested with respect to Phase 1 is required for construction financing purposes. Development Services pileet g Date October 17, 2013 Application Igo, 20134-19 Page 1 of 8 Page 30 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... Page 31 of 105 Potential financial and legal Implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. POUCCIC S /ILIEOpSLA u MGC STownsht„ Of ictel plan The subject lands are located within the Horseshoe Valley Settlement Area and are designated Horseshoe Valley Village according to Schedule 'D' to the Township's Official Plan. Section C14.3.3.1 of the Official Plan states that the principal use of land in the Horseshoe Valley Village designation shall be a variety of non - residential uses commercial and service uses, but also permits medium density housing such as townhouses, apartments and multiple dwellings. Section C.14.3.1.2 and C14.3.3.2 of the Official Plan contain detailed policies pertaining to the development of the lands in Horseshoe Valley in relation to various land use and infrastructure considerations (i.e. timing /phasing of development, traffic, County Road improvements, stormwater management and servicing) that have been identified in a Comprehensive Development Plan for the area that was adopted by Council in 2003. The applicant is currently working towards addressing the above -noted Official Plan policies and the requirements of the Comprehensive Development Plan by way of the applicant's related application for Plan of Condominium, Zoning By -law Amendment and Site Plan Approval. In the opinion of Planning Staff the intended use of the lands to be severed would generally conform to the Official Plan. The severance of the lands has been requested by the applicant at this time in order to separate the lands from the balance of the resort property for financing reasons and Planning Staff is satisfied that this is largely a technical matter, the timing of which would usually not need to be tied to the majority of the functional requirements identified in the Official Plan and the Comprehensive Development Plan. However, the County of Simcoe in a letter dated October 8, 2013 has stated that the boundaries of the proposed severed lands and easement may need to be adjusted to accommodate the future stormwater management facilities, road setback requirements and /or a road widening on Horseshoe Valley Road. While the applicants has undertaken substantial work towards addressing these development details, the details have not yet been resolved and their outcome has the ability to alter the location and dimensions of the proposed severance. Based on the above, it is the opinion of Planning Staff that the application is pre - mature since the unresolved matters identified by the County have the ability to materially affect the application. Planning Staff concurs with the County's request that the consent application be deferred pending the satisfaction of the details identified in the County's letter. The following policies of the Official Plan are also directly relevant to this application: Sectuon D2,2.1 e Saabduvlsoon of Land polocles Section D2.2.1 of the Official Plan contains the tests for the creation of a new lot by way of Consent. In particular, this section states "... the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: Development Sery ces f leetIng Date October 17, 2013 Application No. 2013 -B -19 Page 2 of 8 Page 31 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... a) Fronts on an will be directly accessed by a public road that na m nantainedl year round b.,a6se While the lands to be severed do not possess the above -noted frontage, this policy is intended to be addressed by way of the applicant's proposed access easement and the related Zoning By -law Amendment application that is to include provisions permitting access to the lands by way of a private road. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; c) Will not cause a traffic hazard; Access to the lands is intended to be by way of a private road with access to County Road 22 (Horseshoe Valley (Road). The County has requested that the application be deferred pending the resolution of matters that include traffic and access. d) Has adequate size and frontage for the Proposed use in accordance with the Comprehensive Zoning Ay lair and is compatible with adjacent Eases; The subject lands are currently zoned Future Development Exception Sixty -seven Zone (FD*67) in the Township's Zoning By -law 97 -95. This zone permits existing uses as well as additions and some forms of minor development. It is intended that new development will require a rezoning and the applicants have made an application to rezone the lands to a proposed "Village One (Vt) Zone. No decision had been made by the Township with respect to that application. e) Can be serviced with an appropriate watter supply and means of sewage disposal; f) Will not have a negative impact on the drainage patterns in the area; The applicant had undertaken a number of functional servicing studies to address the above -noted matters and the consideration of these studies by approval agencies is still in progress, but any outstanding water supply and sewage disposal matters do not need to preclude the proposed severance of the lands. The County had 'identified stormwater management as an item to be addressed before a severance of the lands is granted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Planning Staff does not anticipate that the retained lands will be restricted by the proposed severance. h) Will not have a negative imp, ctt on the fe genres and functions of any ecological feature in the area; Neither the lands to be retained or severed are anticipated to be negatively affected. 1) Will not have a negative impact on the quality and quantity of groundwater available for other asses in the area; It is noted that any future residential development on the proposed severed lot would require connection to a water and sanitary sewage disposal system and the details of such servicing are still being considered by the Township, but these matters do not need to preclude the proposed severance of the lands. Development Senitces Meeting Date October 17, 2013 ppppucatpon No. 2013-13-19 Page 3 of 8 Page 32 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... County of SIMICOS Offaclal plan Pursuant to Schedule 5.1 of the County's Official Plan, Horseshoe Valley is identified as a "Settlement' in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan." In that regard, Section 3.5.12 states that "[in] Settlement Designations, subdivision may occur ... by consent." Additionally, Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies ", and Section 3.3.3 requires that "[lots] may be created only where they have access to and frontage on a public highway ... ". Further, it is noted that these applications have been circulated to the County of Simcoe who have requested that the application deferred. Therefore, it is the opinion of the Planning Department that due to the previously identified development details that are materially relevant to this application, the application does not conform to the County Official Plan at this time. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1 of the PPS contains policies related to "Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns ", and states that "Healthy, liveable and safe communities are sustained by ... d) avoiding development and land use patterns that would prevent the efficient expansion of settlements areas ... e) promoting cost - effective development standards to minimum land consumption and servicing costs ..." (Section 1.1.1). Further, Section 1.1.3 contains policies for "Settlement Areas ", and states that: • "Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted' (Section 1.1.3.1); o "Land use patterns within settlement areas shall be based on ... a) densities and a mix of land uses which ... 1. efficiently use land and resources; 2. are appropriate for ... the infrastructure ..." (Section 1.1.3.2); and o "New development taking place in designated growth areas should occur adjacent to the existing built -up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land ..." (Section 1.1.3.7). Since the proposed development would result in the creation of 84 residential condominium units within a settlement area, the proposed Consent is considered to be generally consistent with the Provincial Policy Statement, 2005. Growth flaw for the Greater Goldlen Horseshoe 2012 The subject Consent Applications have been reviewed by Planning staff with respect to the Places to Grow policies. Section 2.2.2 of the Growth Plan contains policies for "Managing Growth ", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built -up areas of the community through intensification ... [and] i) directing development to settlement areas ... ". Development Services Meet Mg Date October 17, 2 013 Applicatloru No. 2013 -B -18 Pave 4 of 3 Page 33 of 105 i 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... Since the proposed development would result in the creation of 84 residential condominium units within a settlement area, the proposed developments are considered to maintain the general intent of the Province's Growth Plan. ICONSULTATIONS: Environmental Services Division — Transportation Division — Building Division - County of Simcoe — requested that application be deferred. See letter attached a Schedule 3. Nottawasaga Valley Conservation Authority - IATTACHMENTS: i Schedule 1: Location Map Schedule 2: Applicant's Sketch Schedule 3: County of Simcoe letter dated October 8, 2013. ICONCLUSION: Planning Staff recommends that Consent Application 2013 -B -19 BE DEFERRED until such time as the applicant has addressed to the satisfaction of the County of Simcoe the outstanding matters identified in the County's letter dated October 8, 2913. Respectfully submitted: Derek Witlib, MCIP RPP Manager, Planning Services Development Services Meeting Date October 17, 2013 Application No. 2013 -B -19 Page 5 of 8 Page 34 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... SCD=fl ?D JLE 1: LOCATMN MAP -19 (Skyline Cleo-sashes Vaney nc.) Development Services Application No. 2013-3-19 Meeting Dale October 17, 2113 Page 6 el 8 Page 35 of 105 901, 4o9£abed 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... ...,` . -....--- ,-.....---- ......-„,_„,. --,.......- ---- .,../ . - i . II Ili .:. : kr::-.— MK' IfISKY LINE ............... . . .._... -•%c4- Mckspartners ,- . . - ---- / ,e,.•;6- Autirsilifiang , ,-. grit . • - " 0 . - r= , Allia i ' 71"-- J1--- --'• 1 - — 1,- 1 ,t1 -- —,.. — -0.: , 1 i tT2r4 ‘.0., 1 egii..;•\ -"..- tv...1 . r•K4 ,,-- A :„3 . --- / , E ' 41 . . ., , ir .. VW j, t. '11 ---- 1-;-1 e■ S E 2 -.- — --- ' - '. , . ,.. - - isio.. -,, • —,-- , / i ' ' 11111e67 i JetnIgli • :-At r° . OAP 1-- !1_,,... _•• .•i.--, . _ . 1WittlalliannitiONEN611211* '42*PI ! , twal MIME HV11SEME MET ...... — . _1 - - -- : 088808 ASE. MT 7 ---------------- r - - ----------------- s, vase:Lew_ rmaTe---- 173B41 01,3 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... SCHEDULE 3 LETTER FROM COUNTY OF SMACCOE 2 3 IS -1 B (Sk yuune Horseshoe VaHtey Inc.) SIIM ®F _ K� ` reneb.lfstloea rend Malw Line (705) 726 9300 Engl� Toll Free 1 886 893 9300 1110 H1®hway 26, Fau (705) 727 7984 MFdlhurst Onta�r o COL-1X0 s� �frncoe ca - - TRANSPOCITATION AND jik IENGOR1EERIMG Derek Witiib Deputy Secretary - Treasurer Committee of Adjustment Township of Oro-buledonte PO Box 100 Oro, ON LOL 2X0 Dear Mr. W tiib, li e Consoni1 Applll ©atkon No. 2013 -B -19 October 8, 2013 E -Mail° Thank you for submitting the Notice of Public Meeting for Consent Application No. 2013- 113-19 to the County of Simcoe for review. County staff request that the application be deferred until the County's concerns with the engineering /stormwater reports, related to previously submitted applications, are satisfied. The block locations as currently proposed may need to be adjusted to accommodate future stormwater management facilities, road setback requirements and /or road widening on County Road 22. if you require any further information, please do not hesitate to contact me. Since_ =r, T Corpo e County of Simcoe on of j ni Sul M rphy, B.Sc., C.Tech. gin =;ering /Planning Technician (705) 26 -9300 ext. 1371 C.C. hristian Meile, County of Simcoe Bruce Hoppe, County of Simcoe X3PIJAD - Development 8 Planning 01007 to D14 Development Correspondence \Oro-tledonle\DO7 Condominlum\Skyllne Horseshoe Resort 2011 - SUB- 03 \Deter Consent 1309 Oct8, 13.doc Developn ent Services 5fieetung Date October 17, 2013 Apppicatuon No. 2013 -3 -19 Page 8 ct 8 Page 37 of 105 901, 40 8£ abed 2013 -B -19 (Skyline Horseshoe Valley Inc.) 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 901, 40 6£ abed 2013 -B -19 (Skyline Horseshoe Valley Inc.) If you love Horseshoe now... Wait until you call it home. Skiing, golfing, adventure... All in your OWN backyard! NOW YOU CAN OWN RIGHT HERE! HORSESHOE Copeland se WHOLE OWNERSHIP CONDOMINIUMS $200'S ze�vevr� NI 1"HA.SEII www.OwnHorse shoe.eom 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 901, 40 017 abed 2013 -B -19 (Skyline Horseshoe Valley Inc.) 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 901, Jo 117 abed 2013 -B -19 (Skyline Horseshoe Valley Inc.) 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 901, 40 Z17 abed 2013 -B -19 (Skyline Horseshoe Valley Inc.) 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 901, 40 £V abed 2013 -B -19 (Skyline Horseshoe Valley Inc.) 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... C., COLE ENGINEERING Experience Enhancing Excellence October 16, 2013 Our Ref: L10 -558 County of Simcoe Transportation and Engineering Midhurst, ON LOL 1X0 Attention: Paul Murphy, Engineering /Planning Technician Dear Sir: Re: Skyline Horseshoe Valley Inc. — Copeland House Zoning By -law Amendment, Site Plan Application and Severance Comments Horseshoe Valley Resort, Township of Oro - Medonte, County of Simcoe We are in receipt of the report from the Township of Oro - Medonte to the Committee of Adjustment for a Consent Application for the above captioned property. In this letter, it has been stated that the County of Simcoe had identified stormwater management as an item to be addressed before a severance of the lands is granted and further requests that the application be deferred. Through the rezoning and site plan application process review /approval agencies have provided stormwater management comments regarding the proposed condominium known as Copeland House. These comments have been addressed through revised submissions while outstanding comments relate to the overall stormwater management of the Horseshoe Valley Resort. It had been agreed with the Township that an overall drainage study will be a requirement of any future rezoning application that involves material changes to the existing drainage pattern. Currently, in its existing condition, the stormwater flows from the resort sheet drain towards County Road 22 and are collected within the Road's ditch system. County and Township staff have advised that there are drainage and erosion problems at the various outlets under Horseshoe Valley Road where some of the issues are directly affecting residents on the north side of the County Road. It has been recommended by AECOM that an overall drainage study be completed to address all of the drainage issues of the valley lands. We are in agreement with the Township that an overall drainage study should be completed but only as indicated above and this exercise could be undertaken once the EA for the County Rd 22 vertical re- alignment has been completed and the next rezoning application proceeds. Changes to the vertical alignment of this road could have grading impacts beyond what is anticipated today and as such, any stormwater management facilities put in place now to alleviate the issues noted above may not be adequate or function properly without significant modification. Cole Engineering Group Ltd. Head Office: 70 Valleywood Drive, Markham, ON L3R 4T5 F: 905.940.2064 T: 905.940.6161 GTA West: 150 Courtneypark Drive West, Unit# C100, Mississauga, ON L5W 1Y6 F: 905.364.6162 T: 905.364.6161 BEST EMPLOYERS IN THE GTA 2012 Page 44 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... Skyline Horseshoe Valley Inc. — Copeland House Page 2 of 2 October 16, 2013 At this time, Horseshoe Valley Inc. would like to proceed with the severance of lands required for Phase 1 of Copeland House. The proposed stormwater management concept for both Phase 1 and Phase 2 would be put in place ensuring that there would be no adverse stormwater impacts to any adjacent lands. The grading, servicing and stormwater management concept developed for the Site Plan application for Copeland House will not increase the stormwater flows to County Road 22 and will improve the water quality of the runoff for this development. Further, Phase 1 of the condominium is situated farther back from County Road 22 and would not impede the County's re- alignment or future widening activities. We therefore feel that the County should not object to the Application for Consent nor request it's deferral due to stormwater management issues. Attached is a copy of the conceptual future road widening indicating the grading impacts for your reference. It has also come to our attention that the County is concerned that if and when any stormwater management facilities are required on Skyline's lands that there would not be a mechanism in place to ensure the facilities are implemented, however, as discussed above this would be dealt with in any future rezoning application. Based on the above, we are asking the County to reconsider it's position with respect to the severance application. Please advise immediately given the time constraints of the 10:00 am October 17, 2013 Committee of Adjustment meeting that the County's recommendation for deferral will be withdrawn. Should you have any questions or comments please do not hesitate to ask. Yours truly, COLE ENGINEERING GROUP LTD. Jolene Koch, P.Eng. LEED AP Project Manager c.: Derek Witlib, Manager, Planning Services— Township of Oro - Medonte Andrea Leigh, Director of Development Services — Township of Oro - Medonte A.M. Lees, C.E.T., Senior Project Manager —AECOM Canada Ltd. Matthias Schlaepfer, Director of Development — Skyline Horseshoe Valley Inc. Dan Piggott, VP Development — Skyline Horseshoe Valley Inc. Kris Menzies, Partner— MHBC Planning, Urban Design & Landscape Architecture Mark Bassingthwaite, Service Sector Leader — Water Resources — Cole Engineering Group Ltd. Encl.: SG -01 (25mROW15mDLT) 5:12010 ProjectslD- LD(L10)ISite Plan \L10 -558 Skyline Horseshoe VR Condo PH21Carresp\LetterolLetter to County cc Top for Severance etc Oct 15 2013.doc COLE ENGINEERING Page 45 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... ELEVATION (m) -V NOIIO3S 03 /.3f1,100 38 01 trE [ �o'9�a3a1na15w0'Z- 6t6SLz ON NVId ISOJ» r � v2OlO Pro�.els vo_LB(LIOAn�Plo.v�10—� �.e Ha� =hoeN2 Condo PKvC dvBosev�,o-55a Bose —Rood 4aen�,a, (SG-0) Mar 2013-10„am mio rn f.4 8 m -o D Z z z Page 46 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... WINNOW .111, COUNTY OF SIMCC E abowaSNIF County of Simcoe Transportation and Engineering 1110 Highway 26, Midhurst, Ontario LOL 1X0 Main Line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 7984 Web: simcoe.ca TRANSPORTATION AND ENGINEERING ice. Derek Witlib Deputy Secretary —Treasurer Committee of Adjustment Township of Oro - Medonte PO Box 100 Oro, ON LOL 2X0 Dear Mr. Witlib, Re: Revised comments - Consent Application No. 2013 -B-19 October 16, 2013 *Via: E- Mail* County staff have reviewed the Consent Application No. 2013 -B -19. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. That the Applicant submit a Stormwater Management Report to the satisfaction of the County of Simcoe. Prior to stamping of the deed by the Township of Oro - Medonte, the Applicant shall obtain written clearance from the County for the above -noted condition. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me. the County of Simcoe urphy, B.Sc., C.Tech. sneering /Planning Technician 05) 726 -9300 ext. 1371 C.C. Christian Meile, County of Simcoe Bruce Hoppe, County of Simcoe Jolene Koch, Cole Engineering X:\PLN\D - Development & Planning D \D07 to D14 Development Correspondence \Oro•Medonte\D07 Condominlum \Skyline Horseshoe Resort 2011 •SUB•03'Revised Defer Consent 1309 Oct 16, 13.doc Page 47 of 105 5.b) 2013 -B -19 (Skyline Horseshoe Valley Inc.),1101 Horsesho... -••► COUNTY OF SIMCOE County of Simcoe Transportation and Engineering 1110 Highway 26, Mldhurst, Ontario LOL 1X0 Main Line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 7984 Web: simcoe.ca <s4capo O TRANSPORTATION AND ENGINEERING goo Derek Witlib Deputy Secretary —Treasurer Committee of Adjustment Township of Oro - Medonte PO Box 100 Oro, ON LOL 2X0 Dear Mr. Witlib, Re: Revised comments - Consent Application No 2013 -B-19 October 16, 2013 *Via: E -Mail* County staff have reviewed the Consent Application No. 2013 -B-19. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. That the Applicant submit a Stormwater Management Report to the satisfaction of the County of Simcoe. Prior to stamping of the deed by the Township of Oro - Medonte, the Applicant shall obtain written clearance from the County for the above -noted condition. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me. the County of Simcoe urphy, B.Sc., C.Tech. ineering /Planning Technician 05) 726 -9300 ext. 1371 C.C. Christian Meile, County of Simcoe Bruce Hoppe, County of Simcoe Jolene Koch, Cole Engineering X:IPLN D - Development & Planning D\D07 to D14 Development Correspondence\Oro•Medonte\D07 Condominlum‘Skyfne Horseshoe Resort 2011- SUB.03\Revlsed Defer Consent 1309 Oct 10, 13.doc Page 48 of 105 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... r >wnrpite. YmrtJ H<rfr . t o'inp Fuurrc TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -B -20 To: Committee of Adjustment Prepared By: Derek Witlib, Manager, Planning Services Meeting Date: October 17, 2013 Subject: Consent Application 2013 -B -20 (1737126 Ontario Inc.) 8976 Highway 12 Part 2, Plan 51R -19372 Part of South Half of Lot 1, Concession 1 (Former Township of Orillia) Motion # Roll #: 4346- 030 - 010 -00800 _ R.M.S. File #: D10- 466619 IREQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision on Consent Application 2013 -B -20: 1. That one copy of a Registered Reference Plan indicating the subject parcel be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed Certificate of Validation for the subject parcel, for review by the Municipality; and 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. IBACKGROUND: The purpose of this report is to consider Consent application 2013 -B -20 which proposes Validation of Title over lands described Part 2 on Reference Plan 51R-19372, being a property located at 8976 Highway 12 and occupied by a business known as CC Underground. Validation of Title is a mechanism that is provided in Section 57 of the Planning Act, R.S.O. 1990, c. P.13. The granting of Validation of Title has the effect of "fixing" any prior contraventions to the Planning Act that make the validity of the title questionable for an otherwise existing parcel of land. It does not result in the creation of a new lot and there is no right to appeal a Validation of Title decision. The lands that are subject to the proposed Validation of Title application possess a frontage of approximately 51 metres (167 feet) along Highway 12 and comprise an area of approximately 0.68 hectares (1.67 acres). Development Services Meeting Date: October 17, 2013 Application No. 2013 -B -20 Page 1 of 4 Page 49 of 105 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... Page 50 of 105 ANALYSIS: According to the applicant's Solicitor, the need for the Validation of Title arises from a corporate name change that took place with respect to the subject lands and which may have resulted in the lands having been incorrectly transferred. Pursuant to Section 57(6) of the Planning Act, R.S.O. 1990, c. P.13, and application for Validation of Title must be considered having regard to the prescribed criteria set out in O. Reg. 144/95. These criteria are: conformity with the Official Plan, the Zoning By-law and any Minister's Zoning Order. FINANCIAL: Not applicable. POILlCI S /LCGiSLA7i0M Townstvu ., Official Fan The subject lands are designated Rural Settlement Area (Prices Corners) in the Township's Official Plan and support an existing commercial use, being a construction related service. Commercial uses are permitted in the Rural Settlement Area designation. Planning Staff is of the opinion that this application conforms to the Official Plan. Townsihi� The subject lands are zoned General Commercial Exception One Hundred Eighty -three (GC*183)(H) Zone. This is a site - specific zone which adds the outdoor storage of commercial vehicles to the permitted uses of the lands. Planning Staff is of the opinion that this application conforms to the Zoning By -law. Count , of &imcoe Official Pan Not applicable. ProvInca l Policies Not applicable. CONSULTATMNS: Environmental Services Division — Transportation Division — Building Division — County of Simcoe — Ministry of Transportation — Development Services Meeting Date: October 17, 2013 Application No. 2013 -13 =2O Pave 2 o4 4 Page 50 of 105 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... IATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Applicant's Sketch ICONCLUSION: Planning Staff recommends that Consent Application 2013 -B -20, BE APPROVED, subject to the recommended conditions of consent, for the reasons that the application generally conforms to Section 57(6) of the Planning Act, R.S.O. 1990, c. R13 and conforms the Township's Official Plan and Zoning By -law. Respectfully submitted: Derek itlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date: October 17, 2013 Application No. 2013 -B -20 Page 3 of 4 Page 51 of 105 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... SCHEDULE 1: LOCATION MAP /AERIAL PHOTO 2013 -B -20 (1737126 Ontario Inc.) a 3J °ART 2 ; a .a ars; a4571 :yr SCHEDULE 2: APPLICANT'S SKETCH 2013 -B -20 (1737126 Ontario Inc.) PART OF S1/2 LOTYI CONCESSION I TOWNSHIP OF SOUTH ORILLIA COUNTY OF SIMCOE MILIxG1 . tO0 . L PA CH MOANNEYIMR Lm. 9kL1i OF) AX LR) Na - Qrop? H-y td give merrerk; stainLr)nlas Derr t . uwPF.nARassi:. o 4, PAR1 1 LOT 2 1 7 0 uuo""2a,TOx2 as°sfm An. OArEt JULY 12 IBM MOO WO SURVEYOR PLAN 5I R—#3 FIVER Ax13 02 o 'NE 112 DIV SID Of 5111roE c R. u CAUTION TM m°r"c�r°NU�xxex�i�¢� °nic mwuxo of AC! LEOENO tlijeTTIVIMALTH SURVEYORS CERTIFICATE �• 1004 u�w`m�o .per °Y'7�R9 L- �iw��./✓.L W a • u Development Services Meeting Date: October 17, 2013 Application No. 2013 -B -20 Page 4 of 4 Page 52 of 105 901, 40 £5 abed 2013 -B -20 (1737126 Ontario Inc. /Meyer) 8976 Highway 12 - mom ZIP. • 4!� 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... 901, 40 VG abed 2013 -B- 20(1737126 Ontario Inc. /Meyer) 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... go', 40 55 abed 2013 -B- 20(1737126 Ontario Inc. /Meyer) 5.c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12,Appli... 5.d) 2013 -A -42 (John Boville),Property located at the east s... Page 56 of 105 TOWNSNIIP OF O,�Oo -M DON i�E �NTnu�mhifP n p / �H ;,. G3 E p O RT l/7.( '✓/ ntc/ App tIcation No: 2013 -A -42 Toe Comer mee of Adjustment Prepared By: Cory Chishopm Manner Meet ng Date: September 19, 2013 Subject: Variance Apppucatuoru (Horseshoe Vappey Lands) Part Lot 1 Cori 5 Pan 51R-20347 Motion # Hatt #: 4348-010-002-29900 R.M.S. Fite #: 013-48512 R OUiRCED COIrYIDMONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table B4 (B) of Zoning By -law 97 -95, as amended, the Billboard Sign shall otherwise comply with all other applicable provisions of the Zoning By -law as well as By -law 2010- 075 "Being a By -Law to Regulate Signs and other Advertising Devices "; 2. That the variance is granted only for the existing sign on the lands and not for any new or replacement signs. 3. That the appropriate zoning certificate and sign permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c. P. 13. BACKGROUND: D: The subject property is currently a vacant wooded lot. The applicant has constructed a billboard sign advertising the nearby Horseshoe Ridge Homes development. The billboard sign was constructed at a front yard setback of 3.8 metres and now requires a variance to recognize the existing location as the minimum required front yard setback is 8.0 metres. AIMALYSpS: The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: A(• rtca.upturap /R urap A/RU i Zone Required p� paed 1. Table E4 (B) Minimum uum Required Front 3,0 metres 3.8 metres Yard FtNANCJAL: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Devepoprmerat Services Meet ig Date September 19, 2013 Apppucetuoun No. 2013 -A -42 Pave 1 of 9 Page 56 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... PODUCOES/LEG ATUO : Does the variance conform to the general intent oa the Official Plan? The subject lands are designated Rural Bn the Township's Official Plan. The Official Plan does not specifically regulate signs, but Section C2 of the Official Plan contains policies related to the use and development of lands in this designation and one of the objectives for the Rural designation is 'To preserve and promote the rural character of the Township and the maintenance of the open countryside." Planning Staff has visited the subject lands and notes that there is limited space between the Township road allowance and the edge of the heavily wooded area. if the applicants were to comply with the 8.0 metre front yard setback they would have to clear out a significant amount of heavily wooded area, that would take away from the "open countryside and rural character" that the Rural designation is striving to achieve. Planning Staff also notes the billboard sign has been designed in a conscientious manner to blend in with its surroundings and reduce its impact on the surrounding forested rural area, having a rustic wooden design. Based on the above, Planning Staff is of the opinion that the application conforms to the Official Plan. Does the variance meet the general intent of the ZorD6rug Cry -law, and is the v.:,rlance ppropriate for the desirable development of the loft? The subject property is zoned Agricultural /Rural (A/RU) Zone as per the Township's Zoning By -law 97 -95. As per Township By -Law 2010 -075 "Being a By -Law to Regulate Signs and other Advertising Devices" Billboard Signs are permitted in the Agricultural /Rural Zone provided they are setback a distance no less than the minimum required distance for the main use on the lot. The Zoning By -law's requirement for a minimum front yard setback of 8 metres is intended to provide spatial separation between structures and the fronting road to maintain the open rural character of the area, reduce visual impacts on the streetscape and buffer buildings and their uses from traffic and noise. As this application is in regards to a Billboard Sign Planning Staff is not concerned about any noise impacts, and as previously explained Planning Staff has visited the site and is of the opinion that the impact, if any, of the applicants existing Billboard Sign on adjacent properties or on the rural area as a whole would not be noticeably different if located at the required 8 metre setback. Furthermore the current Billboard sign has reduced potential impacts of removing any of the heavily wooded area behind it and has been designed in a conscientious manner to fit in with the surrounding forested rural area. Planning Staff is of the opinion that the variance maintains the general intent of the Zoning By -law and is appropriate for the desirable development of the lot. Os the variance minor? The proposed variance is considered minor as in Planning Staff's opinion it results in Tess impact on rural character than if it was setback the required 8 metres, resulting in more tree /vegetation removal. Deve0opment SeMces Meet g Date September 19, 2013 AppOocatuon No. 2013 -A -42 Page 2 of 9 Page 57 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... CONSULTATIONS: Environmental Services Division — no concerns. Transportation Division — no concerns. Building Division — no concerns. County of Simcoe - Fire & Emergency Services — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Applicants Location Map Schedule 3: Site Photo Schedule 4: Rudy & Associates Letter Dated September 10, 2013. CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -42, specifically, to permit the location of existing Billboard Sign at a 3.8 metre front yard setback, appears to meet the four tests of the Planning Act. Respectfully submitted: Kory Chisholm, BES Planner Reviewed by: •)* Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date September 19, 2013 Application No. 2013 -A -42 Page 3 of 9 Page 58 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... SCHEDULE 1: LOCATION MAP 2013 -A -42 (Horseshoe Valley Lands) Development Services Meeting Date September 19, 2013 Application No. 2013 -A -42 Page 4 of 9 Page 59 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... SCHEDULE 2: APPLICANTS SITE PLAN (Sign # 1) 2013 -A -42 (Horseshoe Valley Lands) SIGN # and # 2 Location Map K° l 'E}, 1gna Ae Lin: 3 N.— Cnoar,i,T k.,. General Location of SIGN # 2 • 7 Development Services Application No. 2013 -A -42 Meeting Date September 19, 2013 Page 5 of 9 Page 60 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... SCHEDULE 3: SITE PHOTO 2013 -A -42 (Horseshoe Valley Lands) Development Services Meeting Date September 19, 2013 Application No. 2013 -A -42 Page 6 of 9 Page 61 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... SCHEDULE 4: RUDY ASSCCOAT S PLANNM REPORT 2013-A-42 A -42 (Holrseshoe Valey Lands) fl RUDY September 10, 2013 Township of Oro - Medonte Planning Department 148 Line 7 S, Box 100 Oro, ON LOL 2X0 ASSOCIATES LTD. Comprehensive Land Use Planning Mediation Services Attention: Andria Leigh, Director of Planning Re: Township of •ro- lledonte Part of Lot 1, Concession 5, Part 3 of Registered Plan 51R20347 (Line 6) AND Part of Lots 1 and 2, Concession 3, Part 1 of Registered Plan 5189949 (Line 3 t- orseshoe Valley Lands Directional Signs Minor Variance Application We are pleased to enclose our minor variance application submission to legalize the existing signs located on the above noted properties. The purpose of the enclosed minor variance application is to reduce the front yard setback required for a sign on the properties from 8 metres to 3.8 metres. This package contains the following: • 1 copy of the Minor Variance application (including one additional sheet providing additional ownership information); • 1 copy of a Sign Location Map; • A cheque totalling $600.00 made payable to Township of Oro - Medonte representing the Minor Variance Application fee. The subject properties are located outside of the Horseshoe Valley Settlement Area. The lands are designated Rural within the Township of Oro - Medonte Official Plan and are zoned Agricultural /Rural (A/Ru) Zone. The Township of Oro - Medonte Bylaw No. 2010 -075 is a bylaw in place to regulate signs on properties throughout the municipality. Section 6.5 of the by- law speaks specifically to billboard signs being permitted within the Agricultural /Rural Zone. The erected signs on the above noted properties meet the provisions set forth in Section 6.5.1 Billboard Sign of the Bylaw with regards to size and height however the signs do riot meet Section 6.5.1.3 of the bylaw. Page 1 Development Services Meeting Date September 19, 2013 papolioation No. 2013 -A -42 Page 7 of 9 Page 62 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... Section 6.5.1.3 states that Billboard Signs are considered to be structures and shall be set back from lot lines no less than the minimum required distance for the main use on the lot. The existing signs are in compliance with the rear and side yard setbacks required within the Agricultural /Rural Zone however are not in compliance with the front yard setback requirement. The required front yard setback in the Agricultural /Rural Zone is 8 metres; the signs are currently located 3.8 metres from the front lot line. A variance is being requested to recognize the existing front yard deficiency of 4.2 metres. Sign # 1 and Sign # 2 (as shown on the attached location map) were erected in April of 2013 to provide directional signage and advertising for the Horseshoe Valley Lands development occurring between Line 3 and Line 4 (known as Landscape Drive Phase 3 and future development lands). The existing signs are constructed of wood and measure 12 feet in height by 16 feet in width. As per Section 45 (1) of the Planning Act, it is my professional opinion the variance requested is minor in nature and meets the four tests of a minor variance as follows: 1. The variance as requested is minor in nature requesting a reduction in a front yard setback to accommodate existing directional signage adjacent to a growing Settlement Area. 2. The variance is desirable as it legalizes an existing front yard deficiency. The variance will allow appropriate directional signage to advertise residential development within the community. The signs are intended to create awareness of the current and future development within the community, helping the community to grow. The existing signs are in keeping with the character of area. They are constructed of wood and have been designed to compliment the rustic and rural character of Horseshoe Valley. The signs are erected along Line 3 and 4 adjacent to the existing Horseshoe Valley Settlement Area and do not impede traffic or neighbouring property views. 3. The general intent of the Zoning Bylaw is maintained as the request is minor in nature. The existing sign locations are logical and maintain the rural character of the area. The relocation of the signs will result in the removal of trees which will take away from the areas character. 4. The general intent of the Official Plan is maintained as the variance requested allows for appropriate signage to advertise current and future development within a Settlement Area. The existing signs do not change the existing use of the property and do not negatively affect the site or impede any future use of the site. We trust the enclosed information is appropriate and contains a complete submission. Page 2 Development Services Meetiag Date September 19, 2013 AppDicatiorn Igo. 20113 -A -42 Page 8 off 9 Page 63 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... We remain available for any questions and look forward to your comments. Respectfully submitted, RUDY & Associates Ltd. Michelle Cutts, Hons BAGS, BEd Planner Page 3 Development Services fleeting Date September 19, 2013 Application No. 2O13��42 Page 9 off 9 Page 64 of 105 5.d) 2013 -A -42 (John Boville),Property located at the east s... 901, 40 99 abed 5.d) 2013 -A -42 (John Boville),Property located at the east s... 901, 40 99 abed 901, to L9 abed HARDWOOD OHS 7`HROUGH,O� our billboards. , 5.d) 2013 -A -42 (John Boville),Property located at the east s... 901. 40 89 abed APPLICATION FOR MINOR VARIANCE Lunde, smmn asa On Ronnong au 1OT1_ PLAN N0._N /A_46N. NCL_5_ ADDRESS -ELsT S!r[ or 19NE 1. Noxr` 5.d) 2013 -A -42 (John Boville),Property located at the east s... 901, 40 69 abed n7 TURN RIGHT ON HIGHLAND IFEGISTER HORSESHOERIDGEHOMES C¢OH , vefri.4.4 ?oft 5.d) 2013 -A -42 (John Boville),Property located at the east s... 5.d) 2013 -A -42 (John Boville),Property located at the east s... Item 5d) Distributed at the meeting. Robert and Barbara CAMPBELL 2 Highland Drive RR #1 Shanty Bay Ontario Canada LOL 2L0 tele: October 10, 2013 Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte Re: Application: 2013 -A -42 A variance is requested to permit construction of a billboard sign for advertising purposes. We wish to make the following input on this application: 1. The zoning by -law 97 -95 is in force presumably for valid reasons, including a reasonable rule on setbacks. If the by -law is in -force and reasonable, I see no reason why you should entertain variations. 2. A large billboard already exists on this site. We do not object to it if the Township has jurisdiction and gave prior approval. If not, the Township should enforce their by -law which was in place and known to the Applicant prior to erecting the billboard. 3. The subject site is zoned A /RU. The billboard is a commercial venture which seems at odds with this zoning. It is at the entrance to an established housing community and not in keeping with the decorum of the neighbourhood. We have no objections to the Applicant's pursuit of a commercial venture. We are only concerned with the precedent setting for billboards or advertisements of any kind in or at the entrance to our established housing area. I believe that is the reason for Township rules. In spite of rules, we suggest the Applicant should also exercise reasonable judgment on the neighbourhood esthetics. I suggest the conclusion is to remove the existing billboard entirely. Otherwise, I suspect you are faced with establishing a difficult precedent. As well, our neighbourhood will have this structure in place for many years to come. Sgd, Page 70 of 105 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... Page 71 of 105 TOWNSHIIP OF OoGAO- 1MGDOnMTCE --e001111r4:. REPORT LQi*',,if t%rzte. Application fro: 2013 -A -44 7o: Committee of Adhostment Prepared By: Derek Wottub, Manager Planning Services Meeting Date: October 17, 2013 &aubDect: Varlance Application (1452711 Ontario Ltd.) Coates &:• in 9 Lot 15 51R-27984 (Former Township of Medonte) Motion # Ron #: 4346 - 020 =1305 -11601 H.M.S. Hie #: 013465 s,4 REQUIRED CONDITIONS: 1. That the two proposed additional model homes be built on future Lots 6 and 7 as identified on the applicants plan. 2. That the setbacks for the model homes on the future lots be in conformity with the Residential One (R1)(H) Zone in Zoning By -Law 97 -95, as amended; 3. That all other forms of development associated with the model homes be in conformity with the applicable Zoning By -Law 97 -95, as amended; 4. That, prior to the issuance of any Model Home Permit(s), the applicant shall, solely at the developer's cost, construct and maintain the future public road, to a standard satisfactory to the Township for the purpose of providing safe and adequate access to the model homes, until such as time the road is assumed by the Township; and 5. That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 6AOKOROUND: The applicant is proposing to construct two additional model homes on lands within the Township of Oro- Medonte for the sale of dwellings as part of a proposed 13 -101 plan of subdivision. A model home is currently proposed to be constructed on Lot 5, and two additional model homes are proposed (for Lot 6 and Lot 7) of the proposed plan of subdivision, in Concession 9, Lot 15, Parts 1 & 3 Subject to Easement Part 3, which is zoned Residential One Holding Provision (R1(H)) Zone. ANALYSIS: Section 5.36 of Zoning By -law contains provisions regarding "Temporary Construction and Sales Uses" and, specifically, Subsection b) states that `Nothing in this By -law shall prevent the use of land for ... a Development Seovioee hfieetlng Dale October 17, 2013 pppicationn fro. 2013 -A -44 Page 1 of 7 Page 71 of 105 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... Page 72 of 105 model home for the sale of dwelling units ... on lands within the limits of the Township ... ". Therefore, the applicant is requesting relief from the following provision of Zoning By -law 97 -95: Section 5.36 - 'Tem4,orar Construction Sales Use Maximum Permitted Pro�o�edl Ib) r.'©dlel home ifor the ease off dwelling units located) One (1) model home Three (3) model on lands within the lfifn ite off the Township houses FOlislANICOAILo Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. POLiCOES /LLEGiSLATIOEI: Do the variances conform to the general intent of the Official Plan? Pursuant to Schedule A to the Official Plan, the property is designated Rural Settlement Area and Environmental Protection Two and the portion of the lands subject to this application is designated Rural Settlement Area. Pursuant to the policies of the Plan, permitted uses in this designation include single detached dwellings and /or model homes. The lands subject to this application, form part of a 13 -lot Draft Plan of Subdivision (Reid's Ridge) of which the developer is currently working towards registration of the subdivision. Upon execution of the subdivision agreement and registration, the developer has obligations to obtain the necessary certificate of substantial completion for the required services prior to the consideration of the issuance of building permits. The developer is seeking relief to initiate construction of a total of three model homes, which would ultimately become three permanent dwellings within the subdivision. On this basis, the proposal is considered to conform to the general intent of the Official Plan. Dc the variances meet the general intent of the Zoning C y=lariv? The lots on which the model homes are sought are located in a proposed 13 -lot plan of subdivision, whose lands are zoned Residential One Holding Provision (R1 (H)) and Environmental Protection (EP) however the portions of the property subject to this application are zoned R1 (H). Generally, homes are not permitted to be constructed in a subdivision until all the necessary primary servicing (e.g. roads, water and /or sewer services, ditches and stormwater management facilities) are constructed to the satisfaction of the Township. However, recognizing that there is a practical need for a developer to be have a facility on site in which to display, promote and conduct sales within the subdivision, Section 5.36 of the Township's Zoning By -law permits the construction of one model home in advance of the servicing of the subdivision. The number of model homes and /or sales offices to be constructed in an area is limited for various reasons, including: to limit the amount of traffic generated on an incomplete and un- assumed road system, as well as to minimize the risks or errors associated with the establishment of a home in advance of matters such as the registration of lot lines and the inspection of grading and services. Development services Meeting Date October 17, 2013 Application Flo. 2013 -A -44 Page 2 of 7 Page 72 of 105 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... Page 73 of 105 However, Planning Staff has in the past supported variances to permit additional model homes in circumstances where the applicant has demonstrated that additional model homes are necessary, while still satisfying the purpose and intent of the Zoning By -law. An example of such a situation might be a plan of subdivision containing a relatively large number of lots and in which there is a reasonable need for the developer to be able to display a variety of home designs being offered. Contained in Schedule 3 to this report is a submission from the applicant's agent describing the applicant's justification for the requested variance. The applicant has made it clear that part of the reason for the requested variance is to expedite the occupancy of homes. This reason by itself would not conform to the purpose and intent of the Zoning By -law. However, Planning Staff has given careful consideration and finds merit in the applicant's claim that the presence of 3 completed homes displaying a variety of architectural options within the development's overall design theme can significantly benefit to the marketing and rapid build -out of the development. On this basis, Planning Staff finds the application to conform to the purpose and intent of the Zoning By -law. Are the variances appropriate for the desirable development of the dot and are the variances minor? Planning Staff notes that the 3 proposed model home locations are near the end of the proposed cul- de -sac road which has not yet been constructed can result in conflicts between construction equipment/activities and people /vehicles crossing the site to access the model homes. However, one model home is already permitted to be constructed as -of -right anywhere on the lands and, in Planning Staff's opinion the construction of two additional model homes is not expected to materially change the degree of conflict in this case since the proposed models would be located in a cluster and the impact of the movement of potential home buyers across the site would likely be no different if there was one model home versus three model homes. Based on the above, Planning Staff considers the requested variance to be minor and desirable for the development of the lands. C. SULTATIO1S: o Transportation Division — o Environmental Services Division - o Building Division - o Fire & Emergency Services — o County of Simcoe - ATTACHMENTS: Schedule 1: Location Map Schedule 2: Draft Plan of Subdivision Schedule 3: Applicant's Justification Deve &oponent Services Meeting Date October 17, 2013 Application No. 2013 -A -44 Page 3 of 7 Page 73 of 105 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... ICONCLUSION: Planning Staff recommends that Variance Application 2013 -A -44 BE APPROVED specifically, to permit the construction of two additional model home on Lots 6 & 7 within a proposed plan of subdivision, for the reason that the application appears to meet the four tests of the Planning Act. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date October 17, 2013 Application No. 2013 -A -44 Page 4 of 7 Page 74 of 105 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... SCHEDULE1 0 LOCCATOt Ng MAP 2313-A-44 (1452711 Ontarko Ltd.) Devepoponen4 Services Meeithlg Dee Ocitober 17, 2 013 Application Flo. 2013 =A -44 Page 5 of 7 Page 75 of 105 5.e) 2013-A-44 (1452711 Ontario Limited),Property located on... 1.01' ,39 SCHEDULE 2: DRAFT PLAN OF SU:800%90=N 2613-A=44 (1452711 °Mark) Ltd].) 1 oTGIINIeg- 11909•00_14,1m141-fifF-21.6-' 6. ti —7' &L../ MOONSTONE ROAD EXISTING RESIDENTIAL — — F‘; PARKLAND Ts' / 81.R 27984 / F... 0 I•7 11607AJOIL N'1!„__''ExbaIrm Drainage Easement M5111110, POW MIX OLD 28.1.31140010) 283.111,(.14-. VACANT 175.04.7 \ ; PART 2 51. VACANT 9 Development Servlces Application No. 2013-A-44 Meetlng Date October 117, 2013 Page 6 of 7 Page 76 of 105 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... SCHEDULE 3: C aapab, Derek Promo: Sent: To: Cc: :c: Subject: Derek RRESPO DLNCE FROM APPELDCANT'S AGE N7 2313-A-44 (1452711 Ontario Ltd.) Rick Jones <rickjones1950 @gmail.com> Tuesday, October 8, 2013 9:12 PM Witlib, Derek Doug Reid Re: Minor Variance 2013 -A -44 (Reid) With regard to a justification regarding permission for additional model homes on the Reid Draft Plan of Subdivision, several reasons are put forward to support the application: Firstly, the draft plan is quickly moving towards plan registration, earthworks, pre servicing and full-on site development. Doug Reid bought the property last February, for his immediate family members, and his friends. They all plan to live on seven of the thirteen lots in homes built by ANT Construction, a well known builder of upscale homes. The remaining homes, to be also built by ANT, will reflect the same architectural style and high end quality promoted by the Reid's for their own homes. The commitment to this subdivision by the Reid family is extraordinary, and has no parallel in my experience. Instead of a slow process of housing development and infill on a lot by lot basis, more than half the subdivision will be occupied in 2014. I also anticipate that the remaining lots will be sold and built quickly given the rapid pace of housing development prompted by the Reid family and friends contingent. That process will be good for the subdivision via the acceleration of the building program, and beneficial to the community of Moonstone which will experience a positive population boost Those points describe a development program which is anything but speculative, and it will be assisted by the erection of three model homes. Secondly, the builder ANT will, by the erection of three models,be able to market and sell houses suited to a rapid building schedule. The three models will also ensure that building styles are successfully unified throughout the whole subdivision. By thie approach, a measure of architectural integration is achieved quickly because one builder is involved, rather then many. One model home would not achieve that goal as effectively, but three will allow for individual choice while still adhering to the ANT architectural template. Thirdly, the erection of three models in new subdivision locales is very typical in most communities. It is allowed because multiple permission for models has no negative consequences, either for the site, or the governing municipalities. The models cannot be occupied until occupancy is permitted, but the three models will be quickly tumed into homes by Reid family members when permission exists to allow for residency. These homes will provide a key function in the rapid development of other subdivision homes by describing a finished and attractive residential state which will be attractive to other prospective buyers.The characteristics of a mature neighbourhood will be established very quickly on Reid's Ridge.The extra models will assist in this regard. For these reasons we hope that a favorable recommendation will be forthcoming from the Planning Department. Development Services App iicatporu No. 2013 -A -444 Meeting Dale October 17, 2013 Pape 7 of 7 Page 77 of 105 901, 40 81. abed 2013 -A -44 SHIP OF OPO- MEDONTE anal roe meson lt""" 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... 901, 40 61. abed Quality Custom la By 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... 901, 40 08 abed 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... 901, Jo 1,8 abed 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... 901, 40 Z8 abed 5.e) 2013 -A -44 (1452711 Ontario Limited),Property located on... 901, 40 £8 abed uo paieooi iJadoad` pal!wn oiae1u• 1,1.LZ91 4. 1717-v -£ OZ OE 1 o e•e. 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... Tomrairip,�(, irate Proud Heritage, Exr(rinp Furore TOWNSHIP OF ORO- MEDONTE REPORT Application No: 2013 -A -45 To: Committee of Adjustment Prepared By: Adrianna Spinosa Planner Meeting Date: October 17, 2013 Subject: Variance Application (Eric & Nancy Brophy) 16 Dorthy's Drive Plan 1488 Lot 46 (Former Township of Oro) Motion # Roll #: 4346 - 010 - 010 -31500 R.M.S. File #: D13 -46589 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Sections 5.1.3 and 5.1.6 of Zoning By -law 97 -95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By- Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the accessory building be located no closer than approximately 1.55 metres from the northerly rear lot line, and no closer than approximately 6.4 metres from the easterly exterior side lot lot line; 4. Final occupancy of building permit will not be granted until the three existing detached accessory buildings are removed from site; 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The subject property is zoned Shoreline Residential (SR) and presently contains an existing single detached dwelling and three detached sheds (each approximately 10 square metres, or less). IANALYSIS: The applicant is proposing to construct a detached accessory building (garage) and has requested the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential (SR) Section 5.1.3.b — Rear lot line setback Section 5.1.6.c — Exterior side yard Required 2.0 metres 7.5 metres Proposed 1.55 metres 6.4 metres Development Services Application No. 2013 -A -45 Meeting Date October 17, 2013 Page 1 of 6 Page 85 of 105 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... Page 86 of 105 FRVIAMCUAL: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Pit UCES /LEODSILATDO ij: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Permitted uses in this designation include single detached dwellings and accessory uses. Therefore, the proposed garage conforms to the general intent of the Official Plan. Does the variance meet the general intent of the Zoning S'y -law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By -law and the SR Zone permits single detached dwellings and accessory buildings. The Zoning By -law's requirement for a minimum rear side yard setback of 2 metres is intended to provide spatial separation between neighbouring dwellings, as well as provide ease of access and maintenance on a lot. The Zoning By- law's requirement of a minimum exterior side yard setback of 7.5 metres (equivalent to the required exterior side yard setback of a house in this zone) is to maintain an attractive residential character in the area by prohibiting structures too close to the street. Planning Staff has inspected the subject lands and observed that the proposed location is no closer to the rear lot line than the existing three sheds (which are to be removed). Staff also observed that the position of the house and septic system do not allow for a detached garage to meet the required setbacks. There is an area of existing shrubs along the rear property line that buffer the proposed structure from the immediately impacted neighbour. The iocation of the proposed garage is in Planning Staff's opinion, logical based on the features of the property. Planning Staff also notes that the garage will utilize an existing driveway entrance and would maintain the residential streetscape of the area as it is still setback 6.4 metres from the road. Based on the above, Planning Staff is of the opinion that the requested variances would conform to the general intent of the Zoning By -law and are appropriate for the desirable development of the lot. is the variance minor? As the variances related to the proposed garage are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-Law, are considered appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on surrounding and uses, they are considered to be minor. Development Services fleeting Date October 17, 2 ©13 Application No. 2013 -A -45 Page 2 of 6 Page 86 of 105 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... CONSULTATIONS: Environmental Services Division — Transportation Division — Building Division — County of Simcoe — 1 ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevations CONCLUSION: It is the opinion of the Planning Department that Variance Application 2013 -A -45 should be approved, for the reasons that it meets the general intent of the Official Plan and the Zoning By -law, it is appropriate for the desirable development of the lot and it is minor. Respectfully sub fitted: Adrianna pinosa Planner Reviewed by: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date October 17, 2013 Application No. 2013 -A -45 Page 3 of 6 Page 87 of 105 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... SCHEDULE 1: MCA -00M 2013-A-45 (Brophy) AP 1 ROPERTY (16 Dorthy's Drive) Development Services Meeting Date October 17, 2013 Application Igo. 2013-A-45 Page 4 of 6 Page 88 of 105 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... SCHEDULE 2: MTh PLAN 2013-A-45 (I ophy) PIN 74040 -0215 (L1) LOT 47 1488 PIN 74040 -0232 (L7) LOT 32 1 rosy DD.p0" 0 � S 4''b J ORBS N6716'3-1 "E R =4.57 C •7.00 NI1V32'4G "E Re172.00 C' 7.36 C =7.38 Development Services Application No. 2 013 =A =45 Meeting Date October 17, 2013 Page 5 of 5 Page 89 of 105 5.f) 2013-A-45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... SCHEDULE 3: ELEVATIONS 2013-A=45 (Brophy) 81411.-Be I E-RVATION TOSSUP,E PROPER 13P,NOGE ANDIC7 5VVALES ARE V.RC7ERLY UNALLED Tor CP otest.,1-o■Ta flt - Ma, cl■ siOM. GONERWPRIN fttllbstmAl. vieleg Ng. Malmo Now Romance+ O.2,4 <N.M./ C rnm amm 4.420E. I OM F0611 wamma Ot Amu` mama WOE TABLE 61121/13LLAI. EC. tros.3 ya/ MOOT RUIVATION ar HALL i,r1311. — Yr—feM, 1.5k- FRONT Ott LIZ ........... pRAIR RLEVANAI Development Services Meeting Date October 17, 2013 Appiication No. 2013-A-45 Page 6 of 6 Page 90 of 105 901, Jo 1,6 abed noancaeon No. 20n3•■•5 TOWNSHIP OF ORO- MEOONTE Novi ooreamo.u...i °"•,•. 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... 901, 40 Z6 abed 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... 901. 40 C6 abed 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... 901, 40 176 abed 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... 901- 40 96 abed 5.f) 2013 -A -45 (Eric and Nancy Brophy),16 Dorthy's Drive,App... 901, 40 96 abed 6.a) Correspondence dated September 26, 2013 from the Ontari... ISSUE DATE: September 26, 2013 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario PL130508 IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Applicant: Subject: Variance from By -law No.: Property Address /Description: Municipality: Municipal File No.: OMB Case No.: OMB File No.: APPEARANCES: Parties Allan and Victoria Palmer Wayne and Christine Lambert Allan & Victoria Palmer Christine Lambert & Wayne Lambert Minor Variance 97 -95 11 Palm Beach Road Township of Oro - Medonte 2013 -A -18 PL130508 PL130508 RE C b SEP302013 ORO -ME ONTE DECISION DELIVERED BY SYLVIA SUTHERLAND AND ORDER OF THE BOARD [1] Wayne and Christine Lambert ( "Applicants ") applied for a variance to permit an interior side yard setback of 2 m, whereas the minimum interior side yard setback required is 3.m in order to add a two - storey attached garage /workshop to a property at 11 Palm Beach Road ( "subject property ") in the Township of Oro - Medonte ( "Township "). [2] The variance was approved by the Committee of Adjustment ( "COA "), subject to six conditions as outlined in Attachment 1 to this order. Page 97 of 105 6.a) Correspondence dated September 26, 2013 from the Ontari... - 2 - PL130508 [3] Allan and Victoria Palmer ( "Appellants "), who own the property adjacent to the subject property, appealed the COA decision to the Board pursuant to s. 45(12) of the Planning Act ( "Act "). Among the reasons for their appeal are the following: a) Minor adjustments to the design would allow the two -car garage to be built on the subject property without the need for a variance. b) The proposed building is too large and very invasive. The existing side yard is already smaller than the minimum side yard requirements. c) The Appellants will lose views from two windows in their home that face the proposed garage. They will also lose sunlight to their vegetable garden as a result of the proposed garage. d) The variance does not comply with s. 5.16.1 of the Zoning By -law ( "ZBL "). It appears the subject lot does not meet the ZBL's minimum lot frontage and lot area requirements. In this case, s. 5.17.1 would also not be met. e) The Appellants believe it will be difficult for the Applicants to maintain the eaves on their garage with the proposed small side yard. They are concerned that snow falling off the roof of the garage will fall onto their walkway and cause safety issues. f) The second condition imposed by the COA should be modified to delete the word "approximately" so that the building must be located "no closer than 2.0 m from the northerly interior side lot line." g) The requested variance is not minor. [4] The Township did not participate in the hearing, and the Applicants and Appellants represented themselves. No expert land use planning evidence was heard. Page 98 of 105 6.a) Correspondence dated September 26, 2013 from the Ontari... - 3 - PL130508 FINDINGS [5] According to a report from the Township's manager of planning, Derek Witlib, found in the Board files and to which reference was made at the hearing, the subject property is designated "Shoreline" in the Township's Official Plan ( "OP "). Single detached residential uses are permitted in this designation, and one of the stated objectives of the designation is "to maintain the existing character of the predominately residential area." [6] The subject property presently contains a single- storey 122.6 sq m dwelling, to which the Applicants are proposing to add a two - storey 122.6 sq m attached garage and hobby workshop. [7] Pictures presented at the hearing (Exhibits 1, 2 and 5) show long, narrow lots, with dwellings placed relatively close together near the end of the lots, as are the Applicants' and Appellants' dwellings. [8] The Appellants maintain that the proximity of the proposed structure could potentially pose a winter safety hazard involving falling snow. There was no evidence presented to substantiate this claim. The Appellants have a small vegetable garden at the side of their house abutting the Applicants. They state that the proposed garage would cut off light and make a garden in this location impossible. They also argue that the proposed structure would block views they currently have, largely, it would appear, across the Applicants' property, to the broader neighbourhood. [9] Mr. Witlib observes in his report that "some of the existing older dwellings appear to possess interior side yard setbacks Tess than the 3 m minimum requirement." [10] The subject property is zoned Shoreline Residential ( "SR ") in the ZBL, which permits single detached dwellings. According to Mr. Witlib's report, the purpose of the side yard setback requirement is to provide spatial separation between neighbouring dwellings, as well as ease of access and maintenance on a lot. The question is whether the 3 m setback would prove noticeably different in this regard than the requested 2 m setback. Page 99 of 105 6.a) Correspondence dated September 26, 2013 from the Ontari... - 4 - PL130508 [11] Planning staff agreed with the Applicants that it would not. [12] Mr. Lambert, speaking on behalf of the Applicants, pointed out that, under s. 5.1.3 (d) of the ZBL (Exhibit 7), he would be permitted to build a detached accessory building or structure with an allowable minimum set back of 2 m from the interior lot line. He said if he detached the proposed structure from the dwelling it would have to be moved forward only a short distance, and could be connected by a short walkway to the dwelling. To do this, he would not require a variance. This, he suggested, could further exacerbate the issues the Appellants have with the proposal. [13] Mrs. Palmer, speaking on behalf of the Appellants, indicated that she was not happy with the idea of a detached garage /workshop. [14] The subject property is a non - complying lot since it was in existence prior to the passage of ZBL and does not meet the lot area and /or lot frontage requirements of the applicable zone. Section 5.17.2 of the ZBL states that the lot may be used and buildings may be erected or enlarged on it "provided the use conforms with the By -law and the buildings or structures comply with all of the other provision of this By -law." [15] Section 45(1) of the Act allows for variances to a ZBL provided they meet four tests: • the general intent and purpose of the OP • the general intent and purpose of the ZBL • are appropriate for the desirable development of the lot • are minor [16] In the Board's view, having carefully considered the positions of both sides, the proposed variance meets these four tests. The Board is not without sympathy for the Appellants. Certainly, the side of the proposed garage will present a less pleasant Page 100 of 105 6.a) Correspondence dated September 26, 2013 from the Ontari... - 5 - PL130508 aspect than they now enjoy, but there is no guaranteed view over private property in the Act. The Applicants could as of right, construct a structure that would arguably be less acceptable to the Appellants. It is hoped that the small vegetable garden could be re- located. Whether or not the Applicants could modify their plans to construct a smaller building is not the issue. The issue is whether their proposal meets the criteria of s. 45(1) of the Act. [17] The Board can find no impacts negative enough to consider the 1 m variance anything but minor. ORDER [18] The Board orders that the appeal is dismissed and the variance to By -law 97 -95 is allowed subject to the conditions as set out in Attachment 1 to this order, with the following modification: • The word "approximately" is to be deleted from Condition 2 to be replaced with the words "no closer than" 2 m from the northerly interior side lot line. "Sylvia Sutherland" SYLVIA SUTHERLAND MEMBER Page 101 of 105 6.a) Correspondence dated September 26, 2013 from the Ontari... - 6 - ATTACHMENT 1 r((. fiaoi,te COMMITTEE OFADJUSTMENT NOTICE OF DECISION Application No.2013 -A -18— Wayne S. Christine lambert 11 Palm Beach Road, Lot 4, Plan 863 IN THE MATTER OF the Planning Acr, R S0 1990. C.P. 13 as amended, Section 45 (1)(2)(8)(9) and (ID), and IN THE MATTER OF 2013 -A -18 —Wayne R Christine Lambert, 11 Paint Brach Road, Let 4, Plan 863 (former Township of Ora), 'remoter, of Oro-Mednnte WHEREAS the subject property presently contains a single storey 122.6 square metre (1320 square foot) dwelling and the applicant is proposing to add a Iwo stoney 122,6 square metre (1320 square foot) attached garage/hobby /workshop (61.3 sq.m (660 sq.ft.) per floor), the applicant is requesting the fallowing relief from Zoning Bylaw 97 -95: Zone: Shoreline Residenihd (S18) Zone 1. Table lit — hlinlntunr Required Interior Side Yard • Required Proposed 3.0 metres 2.0 metres WHEREAS the subject property is designated "Shoreline' In the Official Plait. and mod "Shoreline Residential (5R) Zinc" by Zoning By -law 97.05; and WHEREAS having hail regard to those matters addressed by The Planning Act, in necnrdance with the toles and procedures prescribed under Ontario Regulation 200/96. as amended. and having considered all relevant infomwtien ns presented at die public hearing an the I8o' done of April, 2013. The hollowing is the Decision orate Committee 'The Committee of Adjustment approves Variance Application 2013-A48, spccificolly, to permit a inlnimum interior aide yard setback of 2.0 metres, subject to the following conditions: That, notwithstanding Table BI or Zoning By -hew 97.95, as amended, the attached gamgo(Itubby /wotkshap shall otherwise comply with all Whin' applicable provisions of the Zoning Bylaw; 2 That un Ontario Land Surveyor provide verification to the ' fownship cf compliance with the Cmnmittee s decision by 1) pinning the fanning and 2) verifying in writing prior to pouring of the foundation by way of servcylreal property report that the attached garage/Wilily/workshop be located nn closer dam approximately 20 metres from the northerly Interior side lot line; 3 Thai the location and-size of die pmposcal attached lumge/hubbyfworkshop he substarandly and praprrrninnally in conformity with Ma dimensions as set out un the application and sketches submitted and approved by the Committer: 4. Thar the a pplicant provide die Township with an engineered lm grading plan 5, That the applicant Alain any permits and/or appmvais required, from the Lake Simone Region Conservation Authority: and fi That the appropriate zoning certificate snit building permit In obtained from the Township only after the Committee's decision becomes final and binding, tic provided by the Planning Act It O. 1990, c. P. 13. Carried." Dated this I tith day of April. 2013. Members norr rg m. 1 ' decision f C ,re Minn' DI not concur BracaCh • And tG.i Laud: Secretary Treasurer Did not concur Itny Hastings TAKE NOTICE that pursuant to 5ce)ian 45(12) of the Planning Acl, P.5.0 1996, c.P 13, as amended, doe abuvr decision and/or rnaditions may be appended to doe Ontario Municipal Scant. Only individuals, corporations and public bodies may appeal decisions in respect of applicalions for variance to the Ontnrin Municipal Bnntd. A nnticc of appeal may riot be filed by an unincorporated asseciadun ur group However. o notice of appeal may he filed in the name am individual wbn is a member of the association nr group PL130508 Page 102 of 105 6.a) Correspondence dated September 26, 2013 from the Ontari... - 7 - THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE e DAY OF MAY, 3.013. A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be received on or before the last date for "Appeal" nornrnpnoial by n complete Mt OMR Appellant Fort (Al) Planning Act and n certified cheque or money ardor in tbo amount of ONE HUNDRED AND TWENTY FIVE DOLLARS payable in the MINISTRY OF FINANCE The notice ie to be submitted to Secretary - Treasurer of the Commhtee of Adjustment, 148 Line 7 South. PO Box, 100. Om, ON LOL • r oiO auctt SUBJECT PROPERTY 01 Fans Bunch Rapar is C sac PL130508 Page 103 of 105 6.b) By -Law No. 2013 -182, A By -law to Amend By -law No. 2011 -... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -182 A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that every municipality and local board shall pass a procedure by -law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that the procedure by -law shall provide for public notice of meetings; AND WHEREAS pursuant to subsection 54(2) of the Planning Act, R.S.O., 1990, c.P. 13, as amended, the authority for the giving of consents as defined in Section 50 of the Act may be delegated by the Council to a Committee of Adjustment; AND WHEREAS pursuant to subsection 54(2.1) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the delegation of authority for the giving of consents is deemed to include authority to give approvals under subsection 50(18) and to issue certificates of validation under section 57 of the Act; AND WHEREAS Section 45 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, establishes the authority of the Committee of Adjustment to authorize Minor Variances from a by -law in effect under Section 34 and passed under Section 38; AND WHEREAS pursuant to subsection 54(7) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, a delegation of authority made by the Council may be subject to such conditions as the Council by by -law provides; AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By -law to Constitute a Committee of Adjustment. AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By -law to Govern the Proceedings of Council and Committees /Technical Support Groups of Council in the Township of Oro - Medonte under the authority of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 238(2); AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did on the 26th day of January 2011, adopt By -law No. 2011 -013, being a by -law to govern the proceeds of the Committee of Adjustment in the Township of Oro - Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte does not deem it expedient to amend the commencement hour of the Committee of Adjustment meetings; Page 104 of 105 6.b) By -Law No. 2013 -182, A By -law to Amend By -law No. 2011 -... NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That Section 3.0 b) of Schedule "A" to By -law No. 2011 -013 be deleted in its entirety and replaced with: "b) The regular schedule of meetings for the Committee shall be on the third Thursday of each month commencing at 9:30 a.m. or on such other day and /or time as may be determined from time to time." 2. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 105 of 105