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12 06 2023 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting Township of Proud Heritage,Exciting Future Wednesday, December 6, 2023 5:30 p.m. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Page 1 of 368 Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 13 a) Minutes of Development Services Committee meeting held on Wednesday, November 1, 2023. 11 01 2023 DSC Minutes 5. Public Meetings: 14 - 25 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 5 Part West 1/2 Lot 11;51 R18407 Part 3 (Medonte), 2023-ZBA-14 (Sare). Notice of Receipt of Complete App PM (Sare) 5a Presentation 26 - 57 b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro- Medonte, Concession 7 Part Lot 20 (Oro), 2023-ZBA-15 (Farova Investments Ltd.) and Consent Application, Notice of Public Hearing, Concession 7, Part Lot 20 (Oro), 2023-B-14 & 2023-B-15, Farova Investment Ltd. Notice of Receipt of Complete App PM (2023-ZBA-15) Farova 2023 11 10 Notice of Public Hearing (2023-B-14 2023-B-15) Farova 5b Presentation 5b Agent's Presentation 6. Public Hearings: 58 - 85 a) 6:10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance Application 2023-A-48, Mickeal & Elizabeth LeDuc, 4748 Line 6 North. DS2023-094 Page 2 of 368 6a Presentation 86 - 107 b) 6:20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance Application 2023-A-49, James Colville and David St. Amand, 17 Glacier Crescent. DS2023-095 6b Presentation 108 - 133 c) 6:30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Development Services re: Minor Variance Application 2023-A-50, Lina Di Marco and Gino Rovazzi, 17 Pine Ridge Trail. DS2023-100 6c Presentation 134 - 157 d) 6:40 p.m. DS2023-101, George Vadeboncoeur, Interim Director, Development Services re: Minor Variance Application 2023-A-51, Edward Loveless, 323 Scarlett Line. DS2023-101 6d Presentation 158 - 184 e) 7:00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance Application, 2023-A-53, Derek and Egle Vair, 11 Pemberton Lane. DS2023-096 6e Presentation 185 - 197 f) 7:10 p.m. Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-16 by Bruce North - 10 Line 12 North. 6f Presentation 198 - 242 g) 7:20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-17 by 2520309 Ontario Inc. (Bruce North), 159 Line 11 North. DS2023-102 6g Presentation 6g Agent's Presentation 243 - 285 h) 7:30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Consent Application 2023-B-19, Danielle Devitt, Joran Johannessen, Nicholas Johannessen & Jennifer Johannessen, 4662 Line 6 North. DS2023-093 6h Presentation 7. Reports of Municipal Officers for Action: 286 - 297 a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 2023- ZBA-14, Alfred and Barbara Sare Concession 5 Part West 1/2 Lot 11; 51 R18407 Part 3 (Medonte) [Refer to Item 5a) 12 06 2023 Council Agenda]. DS2023-087 298 - 346 b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planning Page 3 of 368 Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) September 2022 - December 2023. DS2023-099 DS2023-099 Attachment 1 - Planning Activity Chart 347 - 368 c) DS2023-098, Catherine McCarroll, Senior Planner re:Consent Application 2023-B-02, Sherry & Donald Hubbert, 404 Ridge Road East. DS2023-098 8. Next Meeting Date: To Be Confirmed. 9. Adjournment: a) Motion to Adjourn. Page 4 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte �~ Development Services Committee Minutes (W Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, November 1, 2023 5:31 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff George Vadeboncoeur, Interim Director, Development Services; Andy Present: Karaiskakis, Manager, Planning Services; Catherine McCarroll, Senior Planner, Danielle Waters, Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Page 1 of 9 Page 5 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC231101-1 Moved by Young, Seconded by Clark It is recommended that the agenda for the Development Services Committee meeting of Wednesday, November 1 , 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, October 4, 2023. Motion No. DSC231101-2 Moved by Schell, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, October 4, 2023 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 9 Page 6 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. 6. Public Hearings: a) DS2023-088, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-42, Jillian & Chad Blackmore and Lynn & Jeffrey Hurd, 87 Lakeshore Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jill Blackmore. The following correspondence was received: Ministry of Transportation dated October 17, 2023; Township of Oro-Medonte, Building Division dated October 25, 2023. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jill Blackmore, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231101-3 Moved by Hutcheson, Seconded by Young It is recommended 1 . That DS2023-088, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-42, Jillian & Chad Blackmore & Lynn & Jeffrey Hurd, 87 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2023-A-42 by Jillian & Chad Blackmore and Lynn & Jeffrey Hurd specifically for permission to build an addition to the existing non- complying single detached dwelling with a reduced exterior side yard setback of 1 .7 metres (5.6 feet), on lands municipally known as 87 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions outlined in DS2023-088. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 9 Page 7 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. b) DS2023-091, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-43, Sandra Karlowski and Laura Karlowski, 270 Peter Street East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Sandra Karlowski. The following correspondence was received: Hiawatha First Nation dated October 12, 2023; Township of Oro-Medonte, Operations Division dated October 16, 2023; Township of Oro-Medonte, Building Division dated October 25, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Bobbi Leppington, on behalf of the applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231101-4 , Moved by Clark, Seconded by Bard It is recommended 1 . That DS2023-091 , Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-43, Sandra Karlowski and Laura Karlowski, 270 Peter Street East be received and adopted. 2. That Minor Variance Application 2023-A-43 by Sandra Karlowski and Laura Karlowski specifically for permission to construct an addition to the existing single detached dwelling for the purposes of creating an accessory dwelling unit with an increased floor area of 94.53 square metres (1 ,017.5 square feet) along with a 16.2 square metres (174.4 square feet) covered deck, on lands municipally known as 270 Peter Street East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-091 . 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 9 Page 8 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. c) DS2023-085, Danielle Waters, Planner re: Minor Variance Application, 2023-A-44, Halina Krzywucka, 111 Robinson Street. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Halina Krzywucka. The following correspondence was received: Carol Langendock dated September 6, 2023; Township of Oro-Medonte, Operations Division dated October 16, 2023; Lake Simcoe Region Conservation Authority dated October 23, 2023; Township of Oro- Medonte, Building Division dated October 25, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231101-5 , Moved by Greenlaw, Seconded by Clark It is recommended 1 . That DS2023-085, Danielle Waters, Planner re: Minor Variance Application, 2023-A- 44, Halina Krzywucka, 111 Robinson Street be received and adopted. 2. That Minor Variance Application 2023-A-44 by Halina Krzywucka specifically to permit the construction of a detached accessory building with a reduced interior side yard setback to 1.0 metres (3.2 feet) on lands municipally known as 111 Robinson Street, be approved, subject to the conditions outlined in DS2023-085. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 9 Page 9 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. d) DS2023-086, Danielle Waters, Planner re: Minor Variance Application 2023-A-45, Joe Toti and Kim Edwards-Toti, 586 15/16 Sideroad East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Joe Toti. The following correspondence was received: Township of Oro-Medonte, Operations Division dated October 16, 2023; Lake Simcoe Region Conservation Authority dated October 20, 2023; Township of Oro-Medonte, Building Division dated October 25, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Joe Toti, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231101-6 Moved by Schell, Seconded by Bard It is recommended 1 . That DS2023-086, Danielle Waters, Planner re: Minor Variance Application 2023-A- 45, Joe Toti and Kim Edwards-Toti, 586 15/16 Sideroad East be received and adopted. 2. That Minor Variance Application 2023-A-45 by Joe Toti and Kim Edwards-Toti specifically for permission to build a detached accessory building with an increased floor area of 114.5 sq.m. (1 ,233.0 sq.ft.), increased height to 4.6 metres (15.1 feet), reduced interior side yard and rear yard of 0.6 metres (2.0 feet), on lands municipally known as 586 15/16 Sideroad East, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-086. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 9 Page 10 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. e) DS2023-089, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-46, Ashley Davidson & Erik Montgomery, 3 Crawford Street. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Erik Montgomery. The following correspondence was received: Township of Oro-Medonte, Operations Division dated October 16, 2023; Township of Oro-Medonte, Building Division dated October 25, 2023. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231101-7 Moved by Bard, Seconded by Hutcheson It is recommended 1 . That DS2023-089, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-46, Ashley Davidson & Erik Montgomery, 3 Crawford Street be received and adopted. 2. That Minor Variance Application 2023-A-46 by Ashley Davidson & Erik Montgomery specifically for permission to legalize the existing rear deck with a reduced rear yard setback of 18.0 metres (59.1 feet) from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum), on lands municipally known as 3 Crawford Street, Township of Oro-Medonte, be approved subject to the conditions outlined in DS2023-089. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 9 Page 11 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. 7. Reports of Municipal Officers: a) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Application 2023-B-11 and Zoning By-law Amendment Application 2023-ZBA-12, 2374357 Ontario Inc., 137 Line 9 South [Refer to Item 5a) 11 01 2023 Council Agenda]. Motion No. DSC231101-8 Moved by Hutcheson, Seconded by Schell It is recommended 1 . That DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Application 2023-B-11 and Zoning By-law Amendment Application 2023-ZBA-12, 2374357 Ontario Inc., 137 Line 9 South be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-12 by 2374357 Ontario Inc., specifically to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 348 (A/RU*348) Zone to prohibit residential uses and to recognize the reduced interior side yard setback of 3.0 metres (9.8 feet) for the existing silo, and to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 349 (A/RU*349) Zone to recognize the increased floor area of 400.0 square metres (4,305.7 square feet) and increased height of 5.0 metres (16.4 feet) for the existing oversized detached accessory building and recognize the increased lot coverage of 7.8% for all detached accessory buildings, on the lands municipally known as 137 Line 9 South, Township of Oro-Medonte, be approved. 3. That the appropriate draft By-law be brought forward for Council's consideration. 4. That Consent Application 2023-B-11 by 2374357 Ontario Inc. to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation having a lot frontage of approximately 76.0 metres (249.3 feet), a lot depth of approximately 105.0 metres (344.5 feet) and an area of approximately 0.65 hectares (1 .6 acres), be approved, subject to the conditions as outlined in DS2023-090. 5. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. A. Carried. 8. Next Meeting Date: December 6, 2023. Page 8 of 9 Page 12 of 368 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, November 1 , 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC231101-9 Moved by Greenlaw, Seconded by Young It is recommended that we do now adjourn at 6:23 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 9 of 9 Page 13 of 368 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for 0 Proposed Amendment to the Zoning By-law of laved I/niiMr.F,+dtlwt F.....,. the Township of Oro-Medonte 2023-ZBA-14 (Sare) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 171h day of November, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on December 6, 2023 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 5 Part West 1/2 Lot 11;51 R18407 Part 3 (Medonte). A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the property from Agricultural Rural Exception 96 (A/RU*96)Zone to Agricultural/Rural Exception xx(A/RU*xx)Zone for the purpose of future residential development within a provided building envelope. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(aboro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(o)_oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 14 of 368 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal(OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: George Vadebonceour, Interim Director, Development Services plan ninq(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 17th day of November, 2023. Location Map ti `—1 z d of m J 0, 1 := Mount St.LOU15 Rd.W 1 --- ®Subject Lands Page 15 of 368 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan/Zoning Sketch aa.si' SkTB�Ck i I I I I 1 i 1 � 1 i f 1 1 1 I t I I I 1 \ I a$o� j APPfvcbE I ire NLIr I 1 ' I I , I I r I $ETSACK tAD\)Nz 6T I-ntS RD :,A Page 16 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s x �J 0 Cu _ N bl'— 1 CO Cu N CD .� m ca � CO J 0ti M •� .Cn Cn) ic � D L ca CO of U N a � ca E � � Q Q > 0 . . . . U � •NCO as CMca 0 V- . . 0 a }, ._ (D v i . � Nw O t) Page 17 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s (D w � O �/ N CO o Q ch O L 4-0 >. CO � O L O •� O N ^ O O > Q N N U N O C� N IJJ N NCn 0c� o _0 :3L N Q E m � = '> Q N ° U ° M a M M CD o o 0- - E O M 0- 0 O > a� L O }, N U 0 N 'L N Q O M -0 Q Cn .(n O Page 18 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: O U Q N 1 - N Q N M E C6 CAI 8 8 P i CD P_ a 9 � i O N 0 M a as a Page 19 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: na -- O 4-0 U W E m a ' s.zxna M � � N m � 4 4 N � � 4 ■� � Q �� 3 C ■� Ln ti W Li LAI Page 20 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s W - � a v � O � O e U C� J CL - Q N a s — M a >, N 11 m O o .CLLL — H J Page 21 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: O U 4-0 �I w� a Em ---- ------- ----- --- QN - - - -- CM M N >, N CO c� o a N r' Cn U) c� CL CL a Page 22 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... �- W w 04 a O O 3 k U) N �j co O � o 2 U) i Mul p el N U) >, N m �- j J Page 23 of 368 5.a) 5.30 p.m. Notice of ceipt of a Complete Application, Notice of Pa... `s 04 rZ �l" a - Il�o x' O Q A M y. tt M M N CD IF�Pi�i�l�i�1�Y r Page 24 of 368 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... N E } O O ) w W o S Ltd a) U O 3 k O O Eo O U O a) a) L) _U O O O > O p C) a ~� U) �' aa)) o a) L > 4- 0 a) m C o E U N • U O O Q) ^^ A > W \ O Q N Q a) O a) O M 2 +� L }0 Cn C 6 O O M N C n Cu C L Q C W C _a C)C O C -a (D m Q OU C:�} O � X V U O L LI O V L ' a) F- O 00 _ O Q - 0 M 0 N � O � � o CO < CO cn CV o N 0, 0M M C= o C) Q E ` V ' O u) N O CD0 O � cN � Q- o N O o0 U L M T a) Q 0 0 * - D LO CL _ n� o < a) O c (0 O U) . . O 67 J O j p a) 0 O � � O N � M�_ M O O a) N L O L E O Y C CA (6 Q U L U) a X Q) � W c.) oti v z of CO L Q o o p m �� E L . E E m Cu O = � a) N � a) U U O O (o n3 V O � - � a � c Q C� CO Page 25 of 368 5.b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Of, Wc' Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-15 (Farova Investments Ltd.) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 11t" day of October, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on December 6, 2023 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 7 Part Lot 20(Oro). A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the subject lands from the Agricultural/Rural Exception 32 (A/RU*32)Zone to the Economic Development Exception##(ED*##)Zone to permit the creation of 3 industrial lots and to address site specific exceptions to permit outdoor storage and define how lot frontage is calculated for the retained lands. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(a)oro-medonte.ca prior to or during the Public Meeting-, 2. Dropped in the drop box at the Township Administration Office on Line 7 South-, 3. Faxed to (705)487-0133-, or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(Qoro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 26 of 368 5.b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: George Vadeboncoeur, Interim Director, Development Services plan ning(a,oro-medonte.ca Dated at the Township of Oro-Medonte this 10t" day of November, 2023. Location Map d II i _1 m C ®Subject Lands Page 27 of 368 5.b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Applicant's Zoning Sketch ED-239 AP ED-240 A/RU Z A/RU•13 O �RUR2�� ED \ A/RU �u 4\NE1 A/RU•32\'• r� GC'211A(H) I s GC EP A/RU'32' A/RU 32 GC•32.161(H) rO ? gay A/RU-32 �J GC EP A/RU t ®Lands to be rezoned from AgrictAxal/Rural Exception 32(AIRU%Zone to Econorric Development Exception)X(ED')Q Zone Page 28 of 368 5.b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... The Corporation of The Township of Oro-Medonte 148 Line 7 S, Oro-Medonte, ON, LOL 2EO, 705-487-2171, www.oro-medonte.ca November 10, 2023 Consent Application Notice of Public Hearing Hearings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Hearings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public hearings. Please refer to the Township's website (oro- medonte.ca)for Public Hearing viewing and participation information. Hearing Date: December 6, 2023 Time: 5:45 PM Hearing Township of Oro-Medonte Council Chambers Location: 148 Line 7 South, Oro-Medonte ON LOL 2E0 Application: 2023-B-14& 2023-B-15 Owner/Applicant: Farova Investment Ltd. Location: Concession 7, Part Lot 20 (Oro) Purpose of Consent Application 2023-B-14: The applicants are requesting consent to sever lands for the purpose of the creation of a new industrial lot. The details of the proposed consent(severance) are: Lands to be Severed Lands to be Retained*: Severed Lands 1 : Frontage: Approximately 126.5 m 415.0 ft. Approximately 298.5 m 979.3 ft. ** Depth: Approximately 224.1 m 735.2 ft. Irregular Area. Approximately 2.82 ha 6.97 ac. Approximately 4.17 ha 10.3 ac. Use: Industrial Industrial * Dimensions of the retained lands following Consent Applications 2023-B-14 and 2023-B-15. **The manner in which the lot frontage is calculated for the retained lands will be addressed through the Zoning By-law Amendment. Purpose of Consent Application 2023-B-15: The applicants are requesting consent to sever lands for the purpose of the creation of a new industrial lot. The details of the proposed consent(severance) are: Lands to be Severed Lands to be Retained*: Severed Lands 2 : Fronta e: Approximately 129.6 m 425.2 ft. Approximately 298.5 m 979.3 ft. ** De the Approximately 223.2 m 732.3 ft. Irregular Area: Approximately 2.87 ha 7.1 ac. Approximately 4.17 ha 10.3 ac. Use: Industrial Industrial * Dimensions of the retained lands following Consent Applications 2023-B-14 and 2023-B-15. **The manner in which the lot frontage is calculated for the retained lands will be addressed through the Zoning By-law Amendment. Page 29 of 368 5.b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Application: 2023-B-14 &2023-B-15 Notice of Public Hearing Page 2/3 Location Map: I Z -------------- i v C - -T— d c ©Subject lands Have Your Say: Input on the application is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro- medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(o)oro-medonte.ca prior to or during the Public Hearing-, 2. Dropped in the drop box at the Township Administration Office on Line 7 South-, 3. Faxed to (705)487-0133-, or, 4. Mailed through Canada Post. You can watch a live stream of the hearing on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process, which includes publication on the Township's website. The applicant, the Minister or a specified person or public body may submit an appeal of the decision to the Ontario Land Tribunal (OLT). If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the application, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Secretary-Treasurer, Development Services plan ning(a)oro-medonte.ca More Information: For further information, please contact the Secretary-Treasurer during regular office hours Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on December 1, 2023 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Andy Karaiskakis Secretary-Treasurer Page 30 of 368 5.b) 5:45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... Application: 2023-B-14 &2023-B-15 Notice of Public Hearing Page 3/3 Applicant's Consent Sketch WOODED AREA 0 o RESIDENTIAL O 266.2 76 �. m, o 1q. 206.0 122.9 -• — S `QY 1 10.0 8.0 5 94.4 , 111.6 a j 123.8 z o 2023-B-15 2023-B-14 U I a RETAINED i SEVERED I SEVERED LANDS LANDS 2 LANDS 1 20 12.�iaa:=17-a wl 701a0237ha pj 698w 12.82ha ffi � , w I I I I I — I I 129.7 I 129.7 126.5 LU 388.9 3m ROAD WIDENING o� RES I'I COMMERCIAL COMMERCIAL 3� I -�----- L------------- ---------�---------------- HIGHWAY 11 -----------------—-------------—-----------------------1- COMMERCIAL j VACANT LAND Page 31 of 368 5.b) 5.45 p.m. Public Meeting/Public Hearing: Notice of Receipt of a Com... 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That Minor Variance Application 2023-A-48 by Mickeal & Elizabeth LeDuc specifically for permission to construct an addition to the existing single detached dwelling for the purposes of creating an accessory apartment unit with an increased floor area of 109.25 sq.m. (1,176.0 sq.ft.) on lands municipally known as 4748 Line 6 North, be approved, subject to the conditions as outlined in Report DS2023-094. 3. The conditions are as follows: a) That notwithstanding Section 5.4 c), the accessory apartment unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory apartment unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Building Permit and Septic 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. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services December 6, 2023 Report No. DS2023-094 Page 1 of 16 Page 58 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.68 hectares (1.68 acres) and currently supports a single detached dwelling and an accessory building, as shown on Schedules 1 and 2. The applicants are proposing to demolish the existing carport and construct an addition to the existing single detached dwelling for the purposes of creating an accessory dwelling unit with an increase in permitted size on the second floor of the addition. The applicants are seeking relief to the following section of Zoning By-law 97-95, as amended: Section 5.4 c — Apartment Dwelling Units, maximum floor area Required: Proposed: 70.0 sq.m. 753.5 sq.ft. 109.25 sq.m. 1,176.0 sq.ft. The applicant's site plan, floor plan and elevation drawing are included as Schedule 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.4 — Housing and Section 2.1 — Natural Heritage, are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Section 1.4 (Housing) requires municipalities to provide an appropriate range and mix of housing options and densities. New housing is to be directed to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. Encouraged are development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 2.1 speaks to natural features and areas shall be protected for the long term. This section is relevant due to the Significant Woodland on the property as identified in Schedule B of the Townships current Official Plan. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this minor variance application and has noted there are no concerns. The proposed development is within the existing disturbed area of the property. In Planning Staff's opinion, no PPS objective would be served by requiring a Natural Heritage Evaluation (NHE) as the addition and apartment are to be located within the developed portion of the lot and there is no new or increased impact created by the development on the natural heritage feature. The entire property is Development Services December 6, 2023 Report No. DS2023-094 Page 2 of 16 Page 59 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... partially regulated by the NVCA however, the proposed development is outside of this regulated area. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.1 supports the achievement of complete communities that feature, among other items, a mixture of land uses, provision of a diverse range and mix of housing options, and a compact built form. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing agricultural/residential lot. Section 4.2.3 Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features is relevant to this application due to the presence of a Significant Woodland. In Planning Staff's opinion, no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) as the addition and apartment are to be located within the developed portion of the lot and there is no new or increased impact created by the development on the natural heritage feature. The entire property is partially regulated by the NVCA however, the proposed development is outside of this regulated area. This application was circulated to the NVCA who advised that they have no objection to the application. Planning Staff is of the opinion that this application conforms with the policies of the Growth Plan 2020. County Official Plan The property is designated Greenlands and Rural in the County of Simcoe's Official Plan. The proposed addition and accessory unit are within the Greenlands designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. Development Services December 6, 2023 Report No. DS2023-094 Page 3 of 16 Page 60 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a secondary dwelling unit is considered an accessory use to the existing residential use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or c) one residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Development Services December 6, 2023 Report No. DS2023-094 Page 4 of 16 Page 61 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022, and approved by the County of Simcoe on November 14, 2023. The plan is currently in the appeal period. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Rural in the Township's Current Official Plan. Pursuant to the policies of the Plan, permitted uses within the Rural designation are single detached dwellings and by extension accessory uses to the residential use. The subject lands are designated Greenlands and Rural in the Township's Adopted Official Plan. The proposed addition is located in the Greenlands designation. Pursuant to the policies of the Plan, permitted uses within the Greenlands designation are single detached dwellings and additional residential units that are accessory to a single detached dwelling on existing lots. In the Township's updated Official Plan (adopted 2022), the subject lands are designated Rural Settlements. Section 4.9 contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicant's proposal against these policies: 1. Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 Development Services December 6, 2023 Report No. DS2023-094 Page 5 of 16 Page 62 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The additional residential unit is contained within a residential dwelling. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi- detached dwelling or rowhouse dwelling. Staff comment: Conforms. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. The additional residential unit is proposed to be located in the single detached dwelling. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties in accordance with the relevant zoning provisions. Staff comment: Conforms. The proposed variance would result in two residential units on the lands, and the applicant is seeking Minor Variance relief from current zoning provisions. 6. Additional Residential Units are not permitted within hazardous lands as defined and regulated by the local Conservation Authority either within the basement of a primary residence or within an accessory building or structure. Staff comment: Conforms. The proposed development is not located within or adjacent to hazardous lands. 7. Additional Residential Units will be regulated by the provisions of the implementing Zoning By-law in accordance with the following provisions: a) The Additional Residential Unit shall clearly be ancillary to the principal residence and specific limits as the maximum floor area permitted or size relative to the primary residence will be established in the Zoning By-law; Staff comment: Based on the apartment's smaller size and its location setback from the road, the main dwelling will maintain its appearance as the principal residence. Development Services December 6, 2023 Report No. DS2023-094 Page 6 of 16 Page 63 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff comment: Conforms. The additional dwelling unit will be located within the dwelling unit; c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Staff comment: Conforms. The apartment dwelling unit will be compatible with the primary dwelling and surrounding rural area. d) The Additional Residential Unit shall only be permitted on lots that have appropriate frontage and an entrance directly onto a publicly maintained road; and, Staff comment: Conforms; e) Other siting requirements related to matters such as servicing, parking and access requirements and stormwater management shall be established in the Zoning By-law. Staff comment: Conforms to current Zoning By-law provisions. There is one driveway on the subject lands, which will provide access to both units and provide ample space for parking. The apartment has its own means of egress. The apartment will be serviced by a private well and septic system. 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Conforms. 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Conforms. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Development Services December 6, 2023 Report No. DS2023-094 Page 7 of 16 Page 64 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Staff comment: Conforms. The owner will be required to obtain a Septic Permit or Sewage System Verification to ensure that there is capacity for the two dwelling units. 11. Generally, Additional Residential Units will only be permitted as-of-right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Staff comment: Conforms. 12. The severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed. 13. Garden suites are temporary dwellings and are not considered Additional Residential Units under this Plan. Staff comment: Conforms. The applicant is proposing a permanent additional dwelling unit, not a temporary garden suite. 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Staff comment: Not applicable. The Township does not currently register additional residential units. Therefore, based on the above, the requested variance pertaining to the construction of a secondary dwelling unit is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Single detached dwelling additions and by extension accessory uses to the residential use are permitted in the Zone. Section 5.4 of the Zoning By-law permits an apartment dwelling unit accessory to a single detached dwelling in the A/RU Zone. The primary purpose of the maximum permitted floor area (70 square metres) for an apartment dwelling unit is to ensure that an apartment is the accessory/secondary use Development Services December 6, 2023 Report No. DS2023-094 Page 8 of 16 Page 65 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... to the main dwelling unit. Planning Staff believe that the proposed size will maintain a secondary and subordinate size to the main unit. The second suite will be located above the proposed garage addition. The main unit has a gross floor area of 208.1 sq.m. (2,240.0 sq.ft.), and the accessory apartment unit has a proposed floor area of 109.25 sq.m. (1,176.0 sq.ft.) as seen in Schedule 4. The applicants are applying for a minor variance from Section 5.4 Apartment Dwelling Units Accessory to a Single Detached Dwelling. Notwithstanding any other provisions of this By-law, one apartment dwelling unit is permitted in a single detached dwelling in the Agricultural/Rural (A/RU) Zones provided: a) the single detached dwelling has a gross floor area greater than 110 square metres (1,184 square feet), exclusive of the apartment dwelling unit; Complies The main unit has a floor area of 208.1 sq.m. (2,240.0 sq.ft.) b) the minimum floor area of the apartment dwelling unit is 50 square metres (548 square feet); Complies: both dwelling units meet this requirement c) the maximum floor area of the apartment dwelling unit is 70 square metres (753.5 square feet); Subject to Minor Variance: applicants are proposing to increase the apartment dwelling unit to 109.25 sq.m. (1,176.0 sq.ft.) d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; Complies: The units will be connected by a mutual mudroom, however, both units have a separate means of egress on top of the shared mudroom entrance. e) a window opening in the apartment dwelling unit having an area of 0.30 square metres (3.23 square feet) is located above grade. • Complies: Both dwelling units are located above grade For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Staff have identified that the proposed single detached dwelling is visible from the road however, there is significant tree coverage. Additionally, when reviewing the drawings of the proposed plan, the structure will appear as a single detached dwelling, which will blend in with the neighbourhood. There is sufficient parking space to accommodate two dwelling units on the property. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services December 6, 2023 Report No. DS2023-094 Page 9 of 16 Page 66 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the accessory apartment is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and significant tree coverage provides a buffer from neighbouring properties. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Building Department— Owner/applicant to be aware that a building permit and septic permit will be required. • Hiawatha First Nations — no concerns • NVCA— no concerns Development Services December 6, 2023 Report No. DS2023-094 Page 10 of 16 Page 67 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Floor Plan Schedule 5: Applicants Proposed Elevations Conclusion Planning Staff recommends that Minor Variance Application 2023-A-48 be approved, specifically, to permit the addition to an existing dwelling to include an accessory apartment unit with a size of 109.25 sq.m. (1,176.0 sq.ft.) on lands municipally known as 4748 Line 6 North, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted, Danielle Waters, Planner, November 29, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services November 30, 2023 George Vadeboncoeur, RPP Interim Director, Development Services November 30, 2023 Development Services December 6, 2023 Report No. DS2023-094 Page 11 of 16 Page 68 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map 4800 I 24 IZ I I J 4748,=: — ���. 246 I 4739 226 4734 Mount St.Louis Rd.W. 4715 4662 — 4613 Location ® Subject Lands (I)i�� //c���r»llc� Proud heritage,Exciting Future 0 loom File Number:2023-A-48 Development Services December 6, 2023 Report No. DS2023-094 Page 12 of 16 Page 69 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Rd 11 •�;pdE, x1dae Pd.w_ Z N C J Mount St.Louis Rd.W. Aerial ��k Tou�rvcb���f Q Subject Lands fo�/ie���fife Proud Heritage,Exchiq; Irmue J 0 100 m File Number:2023-A-48 I Development Services December 6, 2023 Report No. DS2023-094 Page 13 of 16 Page 70 of 368 6.a) 6-10 p.m. DS2023-094, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan 28 Existing riveway ropose well16 61 Addition % I.-- Exist. House Z— *tic Bed (to be replaced) "0 Site Plan 0 /In-d I fcrita,F,Uxcirim�I-wm, File Number:2023-A-48 Development Services December 6, 2023 Report No. DS2023-094 Page 14 of 16 Page 71 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants Proposed Floor Plan k �o la i O 30 �3 � s � o 3 YY S Floor Plans -7 Touniship of Proud Heritage,Exciting Faun File Number:2022-A48 Development Services December 6, 2023 Report No. DS2023-094 Page 15 of 16 Page 72 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Applicants Proposed Elevations 6 9 9 El A c _ - 6 A 6 8 e e 4 Addition to dwelling O Apartment located on -- ----- second floor B Ej Elevations Proud Heritage,Exciting Futurr File Number:2023-A48 Development Services December 6, 2023 Report No. DS2023-094 Page 16 of 16 Page 73 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re- Minor Variance A04 ... I B �\ 3 a U ------- - -3 J c ICI oO l �. 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N ' \ J House - SeplicBed \ U (to be ••\ J replaced) \ GENERAL NOTES WRiw•v ALL SITE WNCInON< ZONING A/RU LACJiIGULNR! Cz •Y > a 0 C c� CL CL a Page 79 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... `s w 4 U � BBB pB B 10ou Puooas L®� uo pamo l luouw(ly J e LBH f+ 8uma-Po;uot4lppy 00 oee ® O®8 OBH Q 08B � a CM 8 a®o N CD N 8 0 EM U 6 4 4 r ■� i (a ■O \ rt�� / •• 0 G� LU C ■ AL i ao Page 80 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... `s f W o x' Y U 0 � a p h 82 J M�� W CO IL OC N � O L U Q N _ U � ca LM o O o LL zn C c� v CL CL a Page 81 of 368 . . 1 p.m. DS2023-094, Danielle Waters, - -: Minor Variance . CD CO 4-0 CN CN kn[ t, R p jS 1. prcT��'y",. �F'. '• 4 _ -ar • 4-0 U) 0 • 1 Y Page 82 of •8 • • 1 p.m. DS2023-094, Danielle Waters, Planner -- Minor Variance • 04 404 J � CO - . CO C CN '� ..•� 4 "�' �F -•� a it - r! Ryy , r "c • LU Page83of •i 6.a) 6:10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... k t s k 04 U 0 CO , CO Nr° O N da� " C) O �' f o Ca a) .V o Q � U C� C� O �' Page 84 of 368 6.a) 6.10 p.m. DS2023-094, Danielle Waters, Planner re: Minor Variance A... c m o O O O N E 0 O -2 w 0 O .5 U) 1 a Q LO U) o S La fC3 L O U U) o 01 U 00 M f1 O M Q i to �a fT3 U a) 00 L U C (A a) J o o -0 O Q) C O o d) Q) o Q) a) a) CO CO (6 U E O a) CL E Q O O a) CM ' U U U C CO � � � o 4) -0 >' O M N E > a) M a) a U U C) f6 0 a) a) N CL o 0 cis o L o U) L' m fa O_ ? a) aoi U U L O a C U 0- U E 0 0 L J U O fob U a) O o z C >, U I'R a) o C4 a) `V u, - a) g U CO �' >' > N .o M > •^^ L U f6 OJ (t3 E Q Q) 06 a) > �..L _ a) en U) L' > a "J a) f6 U O O �OL. Q) O U O to M.0 -0 70 Q o 0 � c o fn 0 O � a) a _0 > o m U M 00 � Y � � ' M fll O a) a�. E ' CL > Qom U L Lc rx U CV L U L6 M a) 0 o • Q a) CD o 'E En U a) \M c O E U) ) .� o fn / rn -0m a) o - LO O f1 ,s=C N T p O M 0 M a .6o -0 (tn C) Uff66) N ? O U) U OO U M n Q O U 6. CO' f1 fn Q) O U M L W L � O(0 p O C: -ECL a) CD- N Q O r 0 +r N fT3 +� fn __ I 0 m NO OU � L L X fs U) L CTS U L cn0 a c\i CO � Page 85 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: December 6, 2023 Report No: DS2023-095 Subject: Minor Variance Application 2023-A-49, James Colville and David St. Amand, 17 Glacier Crescent Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-095 be received and adopted. 2. That Minor Variance Application 2023-A-49 by James Colville and David St. Amand, specifically for permission to permit a detached accessory building with an increase in floor area to 129.3 sq.m. (1,392.0 sq.ft.) on the lands municipally known as 17 Glacier Crescent, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-095. 3. The conditions are as follows: a. That notwithstanding Section 5.1.6 — Maximum floor area of Zoning By- law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law and Minor Variance 2021-A-50; b. That the proposed structure is not to be used for human habitation; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the existing entrance to be closed to allow for the new driveway, only one driveway is permitted per lot. e. 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. Development Services December 6, 2023 Report No. DS2023-095 Page 1 of 11 Page 86 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.19 hectares (0.47 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling having an area of 107.9 sq. m. (1,162 sq. ft.) and a detached accessory building with an area of 20.8 sq. m. (224.0 sq. ft.). The applicants are proposing an amendment to application 2021-A-50 which was approved by the Committee on September 1, 2021, to construct a new detached accessory building with a revised floor area. The previous application approved an increase in height, floor area, lot coverage and a reduced front yard setback. The applicants are requesting relief from the following sections of Zoning By-law 97-95, as amended: Detached Accessory Building Section 5.1.6 — Maximum floor area Required: Approved 2021-A-50: 70.0 square metres (753.5 square feet) 78.2 sq.m. (842.0 sq.ft.) Proposed: First Floor: 66.9 sq.m. (720.0 sq.ft.) Second Floor: 62.4 sq.m. (672.0 sq.ft.) Total: 129.3 sq.m. (1,392.0 sq.ft.) The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 in this report. Analysis Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Development Services December 6, 2023 Report No. DS2023-095 Page 2 of 11 Page 87 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already in an established residential area. The subject lands are not located within any natural heritage designations identified in the Township's Official Plans. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a detached accessory building to a residential dwelling is a permitted use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 50(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services December 6, 2023 Report No. DS2023-095 Page 3 of 11 Page 88 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... Does the variance conform to the general intent of the Official Plan? The subject land is located in the Rural Residential designation of the Current and Adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The proposed residential construction is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. Therefore, based on the above, the requested variance pertaining to this application is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Rural Residential Two (RUR2) in the Township's Zoning By-law 97-95, as amended. Detached accessory buildings are permitted in the RUR2 Zone. The general intent of the Zoning By-law in requiring the maximum floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. During construction of the accessory building, the second floor did not maintain the previously approved 122 sq.ft. with an open to below section and was instead covered. Covering the open section has increased the overall floor area of the structure to 129.3 sq.m. (1,392.0 sq.ft.). The revised structure will now have a larger floor area than the dwelling of 107.9 sq. m. (1,162 sq. ft.). Upon site visit, and reviewing the drawings, Staff have concluded that though the accessory structure is slightly larger in floor area than the dwelling, the dwelling is significantly taller than the accessory building, and therefore maintains the secondary and subordinate nature of the structure. Schedule 4 shows the two structures side by side in the architectural drawings. Upon site inspection, it was confirmed that there is mature vegetation located along the abutting lot line that would partially screen the building from the street and neighbouring properties. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed building is partially visible from the neighbouring properties, but that the existing mature vegetation along the abutting lot line would effectively buffer the presence of the building. The proposed structure will be in keeping with the residential character of the neighbourhood as several of the surrounding properties have detached accessory buildings. The structure is larger in floor area; however, the dwelling is much taller than the proposed structure which maintains the accessory buildings secondary and subordinate appearance. Based on the above, Planning Staff believe the proposed development would be considered desirable for the appropriate development of the lot. Development Services December 6, 2023 Report No. DS2023-095 Page 4 of 11 Page 89 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, mature vegetation will soften the appearance of the building from neighbouring properties. The structure is larger in floor area; however, the dwelling is much taller than the proposed structure which maintains the accessory buildings secondary and subordinate appearance. In Planning Staff's opinion, the requested Minor Variance is minor in nature. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Hiawatha First Nations — no concerns • Township Building Department o In order for construction to continue applicant/owner to address all Permit Review Comments provided on October 30, 2023, prior to approval of building permit revision. Development Services December 6, 2023 Report No. DS2023-095 Page 5 of 11 Page 90 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... • Township Infrastructure and Capital Projects — no objection Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Schedule 5: Applicant Floor Plans Conclusion Planning Staff recommends that Minor Variance Application 2023-A-49 be approved, specifically for permission to permit a detached accessory building with an increase in floor area to 129.3 sq.m. (1,392.0 sq.ft.) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Danielle Waters, Planner, November 29, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services November 28, 2023 George Vadeboncoeur, Interim Director, Development Services November 28, 2023 Development Services December 6, 2023 Report No. DS2023-095 Page 6 of 11 Page 91 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location map Valleyview Dr. 28 11 13 15 19 21 � 23 L2527 37 38 35 33 31 29 27 25 Alpine Dr. z3 36 34 32 30 28 26 24 21 39 5487 19 Z r 14 16 18 C 12 17 J 5477 10 15 11 17 8 13 9 10 6 i _ 11 V 7 8 as 9 5441 4 5 6 7 53 51 49 47 45 2 3 39 5 55 Slalom Dr. 3 5426 54 40 38 46 44 42 1 57 56 36 59 35 58 12 14 16 8 r,218 61 33 Location ® Subject Lands Township o-f/ Prond Heritage,Excirin,,,Phan, 1/l 0 100m File Number:2023-A-49 N Development Services December 6, 2023 Report No. DS2023-095 Page 7 of 11 Page 92 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo Ohio 20 I. -- ilk V Aerial Q Subject Lands Township of Proud Heritage,Exciting Future 0 100 m File Number:2023-A-49 i Development Services December 6, 2023 Report No. DS2023-095 Page 8 of 11 Page 93 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicant Site Plan GLACIER CRESCENT I I I OQSTnG ?PCPOSED ONVEMNY D7IVE11'AY , 7.5m PROPERTY SETBACK _ _ v„�yM,yAY 111 , 9.14 N I I ICI I I , I I EXISTING NOJSE w v �o I, J.t tgi 335 ,-1—as y s TO � e �j� m I�13s+ II ..E"' p i t 4.3 v F- rn _ . e y Z PIACEElEND O=-EXISTING SED MEE AND PRDPCSED GARAGETOBEDErIERPAIIE n D'dEN9ONS UMINA Y ARE PRENMINARY M SITE PLAN 1:200 ToP of Site Plan Proud Heritage,Exciting Future File Number:2023-A-49 Development Services December 6, 2023 Report No. DS2023-095 Page 9 of 11 Page 94 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Mid-Roof Height: tr, PL►or bg LVL c M'TJ p l ply V-PeFM/ Celuwe JoIGW - �/ lend ObdclnB TWO•►Y 0/0 D betw"n Moor nc �Ith no dwling to FCUKUUen UM11, to W Maio Id, and NIMIe WI MIL G c� M__ I/ oro Q �✓(1 r J _ � TOP CO PLATE — 1 1 t ICI � t 4 .1u ''OU TION TOP OF GPLAO - - -- ---- Detached garage Dwelling Elevations To f Proud Heritage,Exciting Future File Number 2023-A-49 Development Services December 6, 2023 Report No. DS2023-095 Page 10 of 11 Page 95 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... 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Q � N � U � C� M ca °o FL O Cn c� CL CL a Page 103 of 368 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re- Minor Variance A... `s CD CO Cn L w a E: 5 O (D T L i ca Q � � N O U) N er w C� o Q 4k Q � o ca _ U) Y 0 wa G L O Page 104 of 368 • • • 1 p.m. DS2023-095, Danielle Waters, - -- Minor Variance 404 • 04 -� ( CO lit CN CO LU LU �r • 2 77 N¢ Sr II • �$.-� vet .+ana. `� �. en R_ � �sr1lPii� � a • F r'H 'g � y y jwr .N ri y�H• Page of •8 k : r. • 4 RY• q �y ' - ote&x. l i "M 4nF f� • � .ivy" :j ��- k� r r ja � e �r• 6.b) 6.20 p.m. DS2023-095, Danielle Waters, Planner re: Minor Variance A... Ilk o o U (n U U w "- �Cn m N T a) E� CL U O U (n i L ° � a o C c � o L o O cn O O N (n O_ ,G A Q) U a) Q� O _p U 0 (n a) c >+ LO O - a) � O_ a) (6 O O E U) ( U a) O O �lit � �_ +� L a) O � L Q Ltd O L ~ U U a) a) 0-) a) O •� a) CD M `� 1 o E o N E � En- CO Cn Q L O 'U s � T � � � -0 CA COn O •c p >' (n CV -0 CD MN a � (� � � a) +� — Q) OQ + c� Oo N - �, a) zm E O -0L) � !EM _0 _ � " m o o ca E o > En a a m V o COo .o o f L �� U U cn O L O- E O a-- L �^ a) U N 4-- O_ L -0 O 4-- 0- a) U E 2 U :E f) ^ O a) ii Cu > a) < Q� O a) X •V � C6 >' O O E W M W O � mo _0 a) a) a) a) L _O (n (n U L a 0 0 "J -0 Q O O a) a) t� .� O O U ca. U L L CQ) O CL U N a) ( — a) O_ a) Q) 0 0 • LO TZ U a) U U C O Q) 0) ca 3 [n >, : (3) N (n c o o -a > O M OLM o U) c a) -0 ++ o O - .� � O a) m � ca � m Q c� m o o o c� o ° X O_ _ (n 0 O_ O_ U a) ca G� z o 0 0 a) a) a) a) a) Q a) .— O O O 0 U OU Ent6 O n O U � "- U L L U L L M mo U _0 a) � o HH caUH � ILL L = N CO Q Page 107 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Township of Staff Report Proud HeritnQe, Excithrr Future To: Development Services Committee From: George Vadeboncoeur, Interim Director, Development Services Meeting Date: December 6, 2023 Report No.: DS2023-100 Subject: Minor Variance Application 2023-A-50, Lina Di Marco and Gino Rovazzi, 17 Pine Ridge Trail Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-100 be received and adopted. 2. That Minor Variance Application 2023-A-50 submitted by Liana Di Marco and Gino Rovazzi specifically for permission to create a basement apartment dwelling unit in a single detached dwelling of approximately 177.1 square metres (1,906 square feet) in size on lands municipally known as 17 Pine Ridge Trail, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-100. 3. The conditions are as follows: a) That notwithstanding Section 5.4 (c) the apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants obtain confirmation from their designer that the 4500L on-site septic tank is appropriately sized for their needs and likewise maintenance demands; d) That the width of the driveway on the site plan be amended to show a width of 6.0 metres; and, Development Services December 6, 2023 Report No. DS2023-100 Page 1 of 16 Page 108 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... e) 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.216 hectares (0.53 acres) and contains a single detached dwelling. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to create a basement apartment dwelling unit in the existing single family home. There are no proposed changes to the exterior of the building. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.4 (c) Maximum floor area of the apartment dwelling unit Required: Proposed: 70.0 square metres (753.5 square feet) 177.1 square metres (1,906.0 square feet The applicants' site plan and apartment floor plan are included as Schedules 3 and 4 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1.1 states that "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Development Services December 6, 2023 Report No. DS2023-100 Page 2 of 16 Page 109 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Section 1.1.3 — Settlement Areas and Section 1.1.4 — Rural Areas are applicable to this application. The PPS states that settlement areas shall be the focus of growth and development and shall be based on densities and a mix of land uses, for the purposes of achieving the efficient use of land and infrastructure. Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the applicant is proposing to construct an accessory apartment in a single detached dwelling within an established settlement area (Horseshoe Valley). Based on the above, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2 contains policies for where and how to grow. Specifically, Section 2.2.1.4 (c) states that applying the policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The proposed apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Section 2.2.9 Rural Areas is also applicable to this application. This section states that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. This section has been reviewed and Planning Staff is of the opinion that the minor variance application is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established settlement area (Horseshoe Valley) and the apartment will be compatible with the surrounding land uses. County Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. The objectives of the Settlements designation is: • "To focus population and employment growth and development within settlements, with particular emphasis on primary settlement areas, in accordance with the policies of this Plan; • To develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services; • To develop mixed use settlements as strong and vibrant central places and to create healthy settlements and communities that are sustainable; and, Development Services December 6, 2023 Report No. DS2023-100 Page 3 of 16 Page 110 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... To promote development forms and patterns which minimize land consumption and servicing costs". (p. 26) The Settlements designation permits residential uses. In Planning Staff's opinion, the existing single detached dwelling and proposed accessory apartment are consistent with the County's Official Plan as they promote a more compact form of development which aligns with the Settlements designation's key objectives. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the proposed apartment dwelling unit helps contribute towards a diverse housing stock and increased affordability in the area. Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or c) one residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Same, parking (3.1 ) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size Development Services December 6, 2023 Report No. DS2023-100 Page 4 of 16 Page 111 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". The subject lands are located in a settlement area and are serviced by a private water system and communal tile field. The applicants will be required to ensure that the existing 4500L on-site septic tank which provides pre-treatment prior to effluent release to the Municipal Communal Tile System is appropriately sized for their needs and likewise maintenance demands. The property has a wide driveway that can accommodate parking for both the main dwelling and apartment dwelling unit. Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on November 14, 2023. It is now in the appeal period. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the appeal period of the updated OP has ended. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Rural Settlement Area in "Schedule A— Land Use" of the Township's existing Official Plan (1997). The intent of the Rural Settlement Area Designation is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Development Services December 6, 2023 Report No. DS2023-100 Page 5 of 16 Page 112 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Permitted uses in the Rural Settlement Area Designation include low density residential uses. In the Township's updated Official Plan (adopted 2022), the subject lands are designated Rural Settlements. The objectives of the Rural Settlements designation are: • These communities are generally characterized by low density residential areas and a range of service uses and facilities for the residents of the Rural Settlements and the surrounding rural areas; • Rural Settlements shall accommodate limited growth due to servicing constraints; • The Rural Settlements designation recognizes unserviced, partially serviced or limited services for residential development in these communities, as well as limited new residential development on private or partial services where appropriate; and, • Commercial uses sufficient to support the convenience and day-to-day needs of the Rural Settlements and the surrounding rural areas shall be encouraged. Permitted uses in the Rural Settlements designation include single detached dwellings and additional residential units (subject to the policies of Section 4.9). Section 4.9 contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicants' proposal against these policies: 1. Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The proposed additional residential unit is contained within a single detached dwelling. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi- detached dwelling or rowhouse dwelling. Staff comment: Conforms. The applicants are proposing to construct an additional residential unit within the single detached dwelling. Development Services December 6, 2023 Report No. DS2023-100 Page 6 of 16 Page 113 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. The proposed additional residential unit is located in the single detached dwelling. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties and in accordance with the relevant zoning provisions. Staff comment: Conforms. The proposed variance would result in two residential units on the lands, and the applicants are seeking Minor Variance relief from current zoning provisions to increase the size of the additional residential unit. 6. Additional Residential Units are not permitted within hazardous lands as defined and regulated by the local Conservation Authority either within the basement of a primary residence or within an accessory building or structure. Staff comment: Conforms. 7. Additional Residential Units will be regulated by the provisions of the implementing Zoning By-law in accordance with the following provisions: a) The Additional Residential Unit shall clearly be ancillary to the principal residence and specific limits as the maximum floor area permitted or size relative to the primary residence will established in the Zoning By-law; Staff comment: The apartment is smaller in size than the main dwelling; and with the entrance to the basement apartment being at the side of the house, the main dwelling maintains its appearance as the principal residence. The applicants have requested an increase in floor area for the apartment dwelling unit and the detailed analysis of the minor variance can be found later in this report. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff comment: Conforms. The additional dwelling unit has been integrated into the surroundings, with no visual impact to the streetscape, as there are no indications of an apartment when viewing the property from the road. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Development Services December 6, 2023 Report No. DS2023-100 Page 7 of 16 Page 114 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Staff comment: Conforms. The proposed apartment dwelling unit and principal dwelling are the same design. From the exterior, there appears to only be one dwelling unit. d) The Additional Residential Unit shall only be permitted on lots that have appropriate frontage and an entrance directly onto a publicly maintained road; and, Staff comment: The subject lands were created as part of a plan of subdivision and has an entrance onto a publicly maintained road. e) Other siting requirements related to matters such as servicing, parking and access requirements and stormwater management shall be established in the Zoning By-law. Staff comment: Conforms to current Zoning By-law provisions. There is a wide driveway with ample space for parking and the proposed apartment will have its own means of egress. 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Not applicable. There is no livestock near the subject lands. 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Not applicable. The subject lands are not designated Agricultural or Rural. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Staff comment: Conforms. The property is serviced by communal water and a private septic tank connected to a communal tile field . The applicants will be required to verify that the septic tank has sufficient capacity for the two dwelling units. 11. Generally, Additional Residential Units will only be permitted as-of-right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Development Services December 6, 2023 Report No. DS2023-100 Page 8 of 16 Page 115 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Staff comment: The subject lands were created as part of a plan of subdivision in 1974 which would have complied with the in-effect Township of Medonte Zoning By-law at the time. The current R1 zone requires a minimum lot frontage of 30.0 metres (98.4 feet) and a minimum lot area of 0.2 hectares (0.49 acres). The *63 permits a minimum required exterior side yard of 3.0 metres (9.8 feet) The lot has a frontage of 26.1 metres and a size of 0.216 hectares; Planning Staff are of the opinion that the additional residential unit generally conforms with this provision on the basis that the lot was created in accordance with the provisions of the Planning Act at the time and further, the additional residential unit is to be contained within the existing dwelling with no visual impact to the streetscape and no indications of an apartment when viewing the property from the road. 12. The severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed. The additional dwelling unit is proposed to be located within the basement of the single detached dwelling; therefore, it could not be severed from the primary dwelling unit. 13. Garden suites are temporary dwellings and are not considered Additional Residential Units under this Plan. Staff comment: Conforms. The applicants are proposing a permanent additional dwelling unit, not a temporary garden suite. 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Staff comment: Not applicable. The Township does not currently register additional residential units. Planning Staff are of the opinion that the proposed variance to accommodate an additional residential unit on the lands would conform to the Township's adopted (not yet in effect) Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1*63) in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, an apartment dwelling unit is Development Services December 6, 2023 Report No. DS2023-100 Page 9 of 16 Page 116 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... permitted in the Residential One Zone pursuant to Section 5.4. The owner has requested relief from the Zoning By-law to construct an oversized basement apartment that has a floor area of approximately 177.1 square metres (1,906.0 square feet). In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The intent of this provision is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The main dwelling is larger (excluding the attached garage); and the location of the entrance to the proposed apartment is at the side of the house, the main dwelling will maintain its appearance from the road as the primary dwelling unit. Based on the above, Planning Staff is satisfied that the existing apartment dwelling unit conforms to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the building appears to be an ordinary single detached dwelling when viewed from the road. With the access to the proposed apartment dwelling unit at the side of the dwelling, the single detached dwelling will clearly be the main dwelling unit in the building in terms of its appearance and function. The proposed apartment dwelling unit will not stand-out, look out of place or detract from the character of the area. Furthermore, the property contains a wide driveway with ample space for parking for both dwelling units. Based on the above, Planning Staff is satisfied that the proposed basement apartment would be considered appropriate for the development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed apartment dwelling unit is secondary and subordinate to the primary residential use on the lot and its use is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Development Services December 6, 2023 Report No. DS2023-100 Page 10 of 16 Page 117 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Environmental Services — It is the owner's responsibility to have the size of the septic tank verified by a designer that it is appropriately sized to service the two dwelling units • Township Building Department — A building permit will be required for the proposed apartment dwelling • Township Infrastructure and Capital Projects — The driveway is shown to be 10.83 metres in width. The maximum permitted width is 6.0 metres. The drawing should be revised to reflect this. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Basement Floor Plan (Apartment Dwelling Unit) Development Services December 6, 2023 Report No. DS2023-100 Page 11 of 16 Page 118 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Conclusion Planning Staff recommends that Minor Variance Application 2023-A-50 be approved, specifically to permit the construction of a basement apartment dwelling unit in a single detached dwelling with an increased floor area of the apartment dwelling unit of 177.1 square metres (1,906.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, George Vadeboncoeur, Interim Director, Development Services, November 28, 2023 Development Services December 6, 2023 Report No. DS2023-100 Page 12 of 16 Page 119 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Schedule 1: Location Map 43 41 35 37 39 33 31 5 29 2 """ 27 50 25 48 46 23 42 44 60 40 21 38 •a."aw. 36 19 \34 1-7 32 15 30 14 13 20 18 12 11 28 26 10 9 10 6 r: P4 18 8 12 8 6 D� 22 16 A 4 y 20 11 gyp, 'OP 2 'ne Port 4 14 y%/ 1 9 7 2 7 5 3 5 4 14 3 '0, 6 A 1 12 1 � 8 72. 10 3 10 8 5 2 4 6 7 9 12 Horseshoe Valley Rd.W. Location Subject Lands /OA l 14l 1,11S III (� Prand Heritage,Exciting Future 0 loom File Number:2023-A-50 A/ I i Development Services December 6, 2023 Report No. DS2023-100 Page 13 of 16 Page 120 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Schedule 2: Aerial Photo OIJ 4eKw „ti bar Rom,F. - r f L c a s Aerial Q Subject Lands T1115�tty4f �E �tt�� Proud Heritage,Exciting Future J o 100 m File Number:2023-A-50 I i 1 Development Services December 6, 2023 Report No. DS2023-100 Page 14 of 16 Page 121 of 368 6.c) 6.30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... Schedule 3: Applicant's Site Plan ENTRANCE TO PRINCIPAL RESOENCE T I� V I� WAL11111 I zs$�9 mT 8.03 - 1 5 x I Q W PARKNGNG I I SPACE I ^ W L--- -----J I = (ll.) 1 55m%2:m 1 3 1 SSenx 2.7rn 1 + F1 I SPACE 1 I PARKIN I IPICE I I G I I f ^-i PFCE I S r---Sm-x-2---t I r--5 XV-m , D I 'n 1 Sm I I I PARKING I I PARKING I SPACE 1 I SPACE I L...-----_J 1'I Fi KOAv - d g EMRIWCETO _ 7 K APARTMENT Aa a ar IY P9 201.11 1 9' dJ 59 9 t2 f Toltat�.E���� � Site Plan Proud Heritage,Exciting Futurr File Number:2023-A-50 Development Services December 6, 2023 Report No. DS2023-100 Page 15 of 16 Page 122 of 368 6.c) 6:30 p.m. DS2023-100, George Vadeboncoeur, Interim Director, Develo... 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Ilk � w 0 0 L •(n w 9) m L CJn Oo m 2) x o C) "- O O O a) � (n E: O L- a) E a) t6 CO O L U a) O E rn 0 E U Q ca a) CO "� U) m O CD _0 M Cu Q -CH _ M o L >, L 0 L C L ^' L Q `. 0 O O_ U O a 'U) a) LO Q u) !E (n M i >+ U U c� L N E O- � CL Q) U EO E o C > Q) U _ C) U M O ~ O a) a) C 0 Q D O cn N O J 0 U C) a) L CO O -0 Q N O U CD0) cn � � aS Ln M m X +� O O 0 C: CO 2, o L O_� +- L U E (� Q) CO E � O Q E `- i i L -0 C 0 0 0 0 � U 0 O_U a) a) E C cn O O Q) Q J .Q _0 a) 0_ a) a) ^ -0 m U Cu a) a) C a) >1 -0 = -Ec Q L E n3 O C m a) -0 E M ~ O C O_ E O_ M 4) — O_ Cu O_ O En O L O U CD 0 _0 LSD a) u) t6 O E a) ca L > a � � moa) E � � � ' /� ' +� L L Q i.b U N C O L1� C `E U 0 0 `� • Q a) N E a_ O CM OU C CMC O C (n C CD CD M 0 CO Q � � � M � mrnm � O Cl) oCCo E o C (6 (6 (6 O_� O_ C U O COL O >, t6 C O O 5 Z ca M _a N C m U) Cu G M .V N �O— C V cn O O O _ C _ O L E O_ O Q (6 C O M 0 fQ M U E +� a) a) C L O O_L a) L L a) (6 � o 0HNH c6H CHH � a) CD U L L (6 C a) L M mo U - a) C N� HIn H H Q r N M .4 Page 133 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... 4� Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Interim Director, Development Services Meeting Date: December 6, 2023 Report No.: DS2023-101 Subject: Minor Variance Application 2023-A-51, Edward Loveless, 323 Scarlett Line Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-101 be received and adopted. 2. That Minor Variance Application 2023-A-51 submitted by Edward Loveless specifically for permission to create a basement apartment dwelling unit in a single detached dwelling of approximately 135 square metres (1,453.2 square feet) in size on lands municipally known as 323 Scarlett Line, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2023- 101. 3. The conditions are as follows: a) That notwithstanding Section 5.4 (c) the apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants obtain confirmation from their designer that the on-site septic system is appropriately sized for their needs and likewise maintenance demands and they obtain a septic permit; Development Services December 6, 2023 Report No. DS2023-101 Page 1 of 13 Page 134 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... d) 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 4.127 hectares (2.471 acres) and contains a single detached dwelling. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to create a basement apartment dwelling unit in the existing single family home. There are no proposed changes to the exterior of the building. The applicants are seeking relief to the following section of Zoning By-law 97-95: Section 5.4 c Maximum floor area of the a artment dwelling unit Required: Proposed: 70.0 square metres 753.5 square feet 135 square metres 1,453.2 square feet The applicants' site plan and apartment floor plan are included as Schedules 3 and 4 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1.1 states that "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Section 1.1.4 — Rural Areas is applicable to this application. The PPS encourages the conservation and redevelopment of existing rural housing stock on rural lands. Planning Staff is of the opinion that this application is consistent with the policies of the Development Services December 6, 2023 Report No. DS2023-101 Page 2 of 13 Page 135 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... Provincial Policy Statement as the applicant is proposing to construct an accessory apartment in a single detached dwelling within an established rural area. Based on the above, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2 contains policies for where and how to grow. Specifically, Section 2.2.1.4 (c) states that applying the policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The proposed apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Section 2.2.9 Rural Areas is also applicable to this application. This section states that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. This section has been reviewed and Planning Staff is of the opinion that the minor variance application is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established rural area and the apartment will be compatible with the surrounding land uses. County Official Plan The subject lands are designated "Greenlands" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. The objectives of the "Greenlands" designation are: • "To protect and restore the natural character, form, function and connectively of the natural heritage system of the County of Simcoe, and to sustain the natural heritage features and areas and ecological functions of the Greenlands designation and local natural heritage systems for future generations. • To promote biodiversity and ecological integrity within the County's natural heritage features and areas and the Greenlands designation. • To improve the quality, connectivity and amount of woodlands and wetlands cover across the County. • To ensure that species and communities of conservation concern can continue to flourish and evolve throughout the County. • To contribute to the protection, improvement, and restoration of the quality and quantity of surface water and ground water and the function of sensitive surface water features and sensitive ground water features within the County. • To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans and is linked with the Development Services December 6, 2023 Report No. DS2023-101 Page 3 of 13 Page 136 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... natural heritage systems of adjacent jurisdictions, and to require local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. • To ensure that the location, scale, and form of development respect and support the protection of the County's natural heritage system. • To provide opportunities for natural heritage enjoyment and appreciation and for • recreational and tourism uses in keeping with the Greenlands objectives, that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County" The Greenlands designation permits existing residential uses. In Planning Staff's opinion, the proposed accessory apartment contained within the existing dwelling is not inconsistent with the County's Official Plan Greenland policies, as no site alteration is proposed that would impact any natural heritage features. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the proposed apartment dwelling unit helps contribute towards a diverse housing stock and increased affordability in the area. Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or c) one residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Same, parking Development Services December 6, 2023 Report No. DS2023-101 Page 4 of 13 Page 137 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". The subject lands are located in a rural area and are serviced by a well and private sewage system. The applicant will be required to obtain a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. The property has a long curved driveway that can accommodate parking for both the main dwelling and apartment dwelling unit. Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on November 14, 2023. It is now in the appeal period. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the appeal period of the updated OP has ended. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Rural and Environmental Protection One in "Schedule A— Land Use" of the Township's existing Official Plan (1997). The existing dwelling is located in the Rural designation. The objectives of the Rural Designation are: "To preserve and promote the rural character of the Township and the maintenance of the open countryside. Development Services December 6, 2023 Report No. DS2023-101 Page 5 of 13 Page 138 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area." Permitted uses in the Rural Designation include single detached dwellings. Changes to the Planning Act mentioned earlier allow for an accessory apartment to be located in the main dwelling. In the Township's updated Official Plan (adopted 2022), the subject lands are designated Greenlands. The objectives of the Greenlands designation are to: "a) Protect significant wetlands, significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest, significant coastal wetlands, fish habitat and the habitat of endangered species and threatened species located within the Township; b) Implement the `Environment Focused' objectives of this Plan; c) Maintain ecosystem biodiversity and provide for the long-term sustainability and viability of the natural heritage system; d) Improve the quality, connectivity and amount of woodlands and wetlands cover across the Township; e) Ensure that any development proposed within, adjacent to, or in proximity to the Greenlands designation is adequately studied in accordance with ecological best practices and standards for EIS and Species at Risk Screening/Evaluations, as required; f) To ensure that the Greenlands designation complements and supports the natural heritage systems established in provincial plans; and, g) To implement the Greenlands designation policies of the County Official Plan" Section 2.13.4 contains detailed policies with respect to permitted uses. Two of the relevant policies are as follows: • "Single detached dwellings on lots which were approved prior to the approval date of this Plan • Additional residential units accessory to single detached dwellings on lots which were approved prior to the approval date of this Plan" Planning Staff are of the opinion that the proposed variance to accommodate an additional residential unit in an existing single family dwelling unit on the applicant's property would conform to the Township's adopted (not yet in effect) Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? Development Services December 6, 2023 Report No. DS2023-101 Page 6 of 13 Page 139 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... The subject property is zoned Agriculture/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95. The existing dwelling is located on lands zoned A/RU. According to the Township's Zoning By-law, a single detached dwelling is permitted in the A/RU Zone pursuant to Table A4. Under Section 5.4 of the By-law an apartment dwelling unit accessory to a single detached dwelling is permitted. The owner has requested relief from the Zoning By-law to construct an oversized basement apartment that has a floor area of approximately 135 square metres (1,453.2 square feet). In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The intent of this provision is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The main dwelling is larger (excluding the attached garage) and the location of the entrance to the proposed apartment is at the rear of the house. This means the main dwelling will maintain its appearance from the road as the primary dwelling unit. Based on the above, Planning Staff is satisfied that the existing apartment dwelling unit conforms to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the building appears to be an ordinary single detached dwelling when viewed from the road. With the access to the proposed apartment dwelling unit at the rear of the dwelling, the single detached dwelling will clearly be the main dwelling unit in the building in terms of its appearance and function. The proposed apartment dwelling unit will not stand-out, look out of place or detract from the character of the area. Furthermore, the property contains a long curved driveway with ample space for parking for both dwelling units. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed apartment dwelling unit is secondary and subordinate to the primary residential use on the lot and its use is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services December 6, 2023 Report No. DS2023-101 Page 7 of 13 Page 140 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— A building permit and septic permit will be required for the proposed apartment dwelling • Nottawasaga Valley Conservation Authority— No concerns Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Basement Floor Plan (Apartment Dwelling Unit) Conclusion Planning Staff recommends that Minor Variance Application 2023-A-51 be approved, specifically to permit the construction of a basement apartment dwelling unit in a single Development Services December 6, 2023 Report No. DS2023-101 Page 8 of 13 Page 141 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... detached dwelling with an increased floor area of the apartment dwelling unit of approximately 135 square metres (1,453.2 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP Interim Director, Development Services, November 29, 2023 Development Services December 6, 2023 Report No. DS2023-101 Page 9 of 13 Page 142 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... Schedule 1: Location Map 583 1429 Z N— C I� 511 497 � 471 253 t,Pd c 203 227 L-- — — � 101 / 363 353 341 -- 333 323 5100 J— 307 297 _ — -- 2 55 -- --265 -- -- 257 243 237 - --- 233 -- -- 219 215 ---- 5610 207 195 5610 /5101 191 165 Locat1O11 gi & ® Subject Lands T I- f Proud Heritage,Exciting Future 0 100 m File Number.2023-A-51 N I Development Services December 6, 2023 Report No. DS2023-101 Page 10 of 13 Page 143 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... Schedule 2: Aerial Photograph nv�kw WAMV Rd. ?4 nw dm•-..__.. .11 z • �t. r •maxa.w. � L e �-r . J � t _ r AI - C I J J Aerial g-F& 7ountsGip u� _ 0 Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2023-A-51 ti Development Services December 6, 2023 Report No. DS2023-101 Page 11 of 13 Page 144 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... Schedule 3: Site Plan Sketch o«� Owl t _ T - r I ri.iya I I _ 1 1 rig � i r 1 _I i 1 rY. fCAR1Ctf LIJ✓15 #go ~r s. Township Site Plan Oj Proud Hcritage,Exciting Futurr File Number:2023-A-51 Development Services December 6, 2023 Report No. DS2023-101 Page 12 of 13 Page 145 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... 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A� W a Page 149 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... `s w a o nU) nW, W O J L / p+ N e 1 c CO fY � C6 I I 3 u!�:uaP U C6 V! � � � o _ c � O ■ D � O K � IN 6CL w Li Page 150 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... `s C W a (n _ o ._ Ilk bq ==LL —\L I o ■� > o � O T �-0 i e e u!.1.11ayiea � N J it \� = y C 41 0a41 C-9 LO v J 1 Q cle) N � J �tljl � I 'I O � lli III C6 Q � � li II � Id lI �i lCL s _ QD C V �If 0 � HO U C6 c� CLIL III �� G � �7 'L _ W 1Y Q w H j 0101 Page 151 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... `s f W v o //)� 3 ry nVJ � nW, W O J LO Q CM t N O W �c U . . C� a O Cn C a M v CL CL a Page 152 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... `s f W v o //)� 3 ry nVJ � nW, W O M L , `w N ` u ` O Y C C: TIqK - O •; U ;LAI VL LM ■ \ N ,6 > o L_ o O ILL C a M CL CL a Page 153 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... `s f W o ry � p 4, "i LO •� CO Omid N O C6 U 'l U gRd, O N O N_ G _ Page 154 of 368 6.d) 6:40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... Ilk `s 04 o x' W U U) LO O U) i C) J Cn C6 U � aD Q R:, O U C6 " O (n O Page 155 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... `s W /) z o i 1 4-1 + a) A r L� t6 i Q 0 t� C� O N � O N O M CU i W U U U Page 156 of 368 6.d) 6.40 p.m. DS2023-101 , George Vadeboncoeur, Interim Director, Develo... O O U) C O C N U L w O O O O O l M . 1 'C N .> •� (n 1 o S O '� S B � O � O_ O O "- U 3 a C , _O : E a L O N C L (B Q U N N O U) ^, U n U M W (6 O � OL U >+ a) a) O (B O C H N •� L En Cu �+ OO U O L O Q Cu J "- •� C O U O ML L _� O O- C _ M O (n a) U) O L L C6 fn O C O U) CO L ' C' 07 O OC_ �+ a)L - C A O : /r N O (n H \� >+C6 C U >, U U M� C OU a) "� - L CD N U . .� O U U a) U O N C 0 " O O O O_ a) +� O _0 Cn W U O a) _ > " U "' O U E O O :3 -0 p Q N 0) 0 J c O O C O U _0O O O +� C U �--i M M " O_U O C U) M >j � Qe O O C O L M U m O X C > LO O � O O - O O .= L — >, E E _ E O_ O_ O- O- L L O ' O En O -0O O U Q L C C C O -0 > U (V OL •� . . C 0 C C � O -0 CU -00 O CV C C O 70 O O OO U -0 O C U 0) •9 U)LO U O6 >U in O ' M CD M Cu O Q� C o C -0Z O C Q) C C) O_ O J 4- C Y M - N U) O N O C O C6 (� E -0 U O O U U U t6 Mt6 O_ C O' (n C-� O CO CO O 0 N O U M O > C U O C U E � O O_ O (� C f6 O_ M M OU + E O Cu C L O L O_L C L O M E � .� 0 NH c6H coH � V L) c C L- H H H L Q N � r N CO Page 157 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: December 6, 2023 Report No: DS2023-096 Subject: Minor Variance Application, 2023-A-53, Derek and Egle Vair, 11 Pemberton Lane Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-096 be received and adopted. 2. That Minor Variance Application 2023-A-53 by Derek and Egle Vair specifically for permission to construct a single detached dwelling with a reduced setback to the average high water mark of Lake Simcoe, reduced setback from slope, reduced setback from a watercourse, reduced exterior and interior side yard on the lands municipally known as 11 Pemberton Lane, Township of Oro-Medonte, be approved subject to the conditions outlined in Report DS2023-096. 3. The conditions are as follows: a) That notwithstanding Section 5.30/ Table B1 1), Section 5.31, Section 5.32, Section 5.34 c), and Table B1 the proposed single detached dwelling and pool shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling and pool be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant submit a planting plan to the satisfaction of LSRCA; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling is no closer than the following below: i. 19.58 metres (64.24 feet) to the Average High-Water Mark Development Services December 6, 2023 Report No. DS2023-096 Page 1 of 12 Page 158 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... ii. 17.6 metres (57.74 feet) to the Average High-Water Mark (to pool) iii. 7.02 metres (23.03 feet) to Top of Slope iv. 3.0 metres (9.8 feet) from the exterior lot line (Range Road) v. 1.2 metres (3.94 feet) from the interior lot line (window well) and 3.0 metres (9.8 feet) to the wall of the dwelling; e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, LSRCA permit, 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. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.2 hectares (0.49 acres) and contains a single detached dwelling. A location map (Schedule 1) and an aerial photo (Schedule 2) are attached to this report. The applicants are proposing to demolish the existing dwelling and construct a new single detached dwelling and swimming pool. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.30/ Table B1 1 - Setback from Average High-Water Mark Required: Proposed: 20.0 metres (65.6 feet) of the average 19.58 metres (64.24 feet) hi h-water mark of Lake Simcoe Section 5.31 - Setback from Slopes Required: Proposed: 23 metres (75.5 feet) setback from 7.02 metres (23.03 feet) the top-of-bank of a slope or embankment that exceeds 33% Section 5.32 - Setback from Watercourse Required: Proposed: 30 metres (98.4 feet) of the top of 19.22 metres (63.06 feet) bank of any watercourse Section 5.34 c - Swimming Pools, Setback from Average High-Water Mark Required: Proposed: 20.0 metres (65.6 feet) of the average 17.6 metres (57.74 feet) high-water mark of Lake Simcoe Table B1 - Exterior side yard, SR Zone Required: Proposed: 7.5 metres 24.6 feet 3.0 metres 9.8 feet Development Services December 6, 2023 Report No. DS2023-096 Page 2 of 12 Page 159 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... Table B1 — Interior side yard, SR Zone Required: Proposed: 3.0 metres 9.8 feet 1.2 metres 3.94 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 in this report. Analysis Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed this minor variance application and have no objection to the proposal. They have requested a planting plan and noted that an LSRCA permit is required. Planning Staff is of the opinion that the proposed development is consistent with the Natural Heritage policies of the PPS, as the proposed structures are not anticipated to have any negative impacts on the natural heritage features as it will not encroach any closer to the watercourse than the existing single detached dwelling. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicant is proposed structures that are a permitted use. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). Development Services December 6, 2023 Report No. DS2023-096 Page 3 of 12 Page 160 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... In Planning Staff's opinion, no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) as the addition is to be located within the developed portion of the lot and there is no new or increased impact created by the development on the hydrologic feature (Lake Simcoe). The entire property is regulated by the LSRCA. This application was circulated to the LSRCA who advised that they have no objection to the variance as submitted but a LSRCA permit will be required to be applied for and obtained by the applicant prior to issuance of a Building Permit. A planting plan will also be required to be submitted to the satisfaction of LSRCA. Based on the above, it is Planning Staff's opinion that the proposed minor variance conforms to the Growth Plan. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in the context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA does not have concerns with the proposal, and will require the owner to prepare and complete a planting plan for the shoreline/slope area to the satisfaction of the LSRCA and that the owner successfully obtains a permit from the LSRCA. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services December 6, 2023 Report No. DS2023-096 Page 4 of 12 Page 161 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022, and approved by the County of Simcoe on November 14, 2023. The plan is currently in the appeal period. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Township's Current and Adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. The Shoreline designation allows for limited shoreline development and must maintain the existing character of this predominantly residential area. Based on the above, Planning Staff is satisfied that the proposed variance conforms to the general intent and purpose of the Official Plan. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. Section 5.30/ Table B1 1) (dwelling) and Section 5.34 c) (pool) requires 20.0 metres (65.6 feet) of the average high-water mark of Lake Simcoe. The setback from the average high water mark is required in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. Planning Staff have received supportive comments from LSRCA and is satisfied that the application is not anticipated to have any adverse impacts on Lake Simcoe as the proposed development will be located within the disturbed area of the property. Section 5.31 prohibits buildings and structures within 30 metres (98.4 feet) of a water course. The setback from a watercourse is required in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. The applicant is requesting a setback of 19.22 metres (63.06 feet). Planning Staff have received supportive comments from LSRCA and is satisfied that the application is not anticipated to have any adverse impacts on the watercourse as the proposed development will be located within the disturbed area of the property. Table B1 requirement for a minimum interior side yard setback is intended to provide spatial separation between properties, as well as provide space for access and maintenance around buildings and structures. The applicant is proposing a reduced interior side yard setback of 1.2 metres (3.94 feet) to a window well which, in Planning Staff's opinion, is adequate space for maintenance and access around the dwelling as it Development Services December 6, 2023 Report No. DS2023-096 Page 5 of 12 Page 162 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... maintains spatial separation between the subject lands and the neighbouring property. It should be noted that the variance is only for a window well, the main wall of the dwelling will meet the required setback. Table B1 requirement for a minimum exterior side yard setback is intended to provide spatial separation between structures and a road, as well as provide space for access and maintenance around buildings and structures. In Planning Staff's opinion, there is adequate space, and Operations does not have concerns with the proposed setback. Section 5.31 — Setback from Slopes is required to ensure the stability of a slope is safe for construction. The applicant has provided a geotechnical and slope stability report to the Township for this proposal. The study was reviewed by LSRCA, and they are satisfied with the findings. For the reasons outlined above, the requested variance is considered to meet the purpose and intent of the Zoning By-law and would be considered appropriate and desirable development of the lot. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed use to stand out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff have identified that the property is currently a residential development and the proposed structure will be keeping in character of the established neighbourhood. Planning Staff are satisfied that the proposed single detached dwelling and pool would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the residential use is existing on the property and is small in scale. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council choose to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services December 6, 2023 Report No. DS2023-096 Page 6 of 12 Page 163 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development is consistent with the Strategic Plan. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — o The driveway shall be constructed in accordance with the Township Development standards. o The maximum driveway width is 6.Om within the ROW • Township Building Division — o Building Division has no comment at this time. o Owner applicant to be aware of the following: ■ Confirm adjacent well locations/setbacks to septic systems. ■ Applicant to ensure adequate area for approved septic system is being provided for the proposed construction. ■ Owner/Applicant to be aware that the structure shall conform to the requirements of 9.10.15.4. Glazed Openings in Exposing Building Face and 9.10.15.5. Construction of Exposing Building Face of Houses in the Ontario Building Code. • LSRCA— o Permit required o Planting plan prepared to the satisfaction of LSRCA • 2 Letters of support Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation drawings Development Services December 6, 2023 Report No. DS2023-096 Page 7 of 12 Page 164 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... Conclusion Planning Staff recommends that Minor Variance Application 2023-A-53 be approved, specifically to permit the construction of a single detached dwelling and pool on the basis that the application conforms and is consistent with applicable Provincial, County and Township land use policies and meets the four tests of the Planning Act. Respectfully submitted, Danielle Waters Planner, November 29, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services December 1, 2023 George Vadeboncoeur, RPP December 1, 2023 Interim Director, Development Services Development Services December 6, 2023 Report No. DS2023-096 Page 8 of 12 Page 165 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map I 100� � 995 LRd 1033 Ridge Rd.-W.— f 1 t24:73 2455 f 2287 1101 11 23151 2297 2267 m 2481 6 C 1131 2533 IY 271 2327 2249 19 1131 Pemberton Ln.(Pv�Tt i 17 15 13 19 / 7 - — - —� --- 5 1 3 i i Kempenfelt Bay Location 1777 Subject Lands Prond Herirage,Exciting Panlre 0 loom File Number:2023-A-53 N I II I II�JI Development Services December 6, 2023 Report No. DS2023-096 Page 9 of 12 Page 166 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo Nk atl wnaR � o�w c•.na rte.c, � i �rl � .'J 1• � ' x a \ � � k Pemberton W. k • `\cam � � � �; + � �' F _�� Aerial Q Subject Lands Prond Heritage,Exciting Fnrnre 0 100 M File Number:2023-A-53 N I Development Services December 6, 2023 Report No. DS2023-096 Page 10 of 12 Page 167 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Site Plan IfsplT OF MY AS M 4' - '9'� . O NSTR II04+e1M I rarT-"arm RYrT AS A MM W'1 XInal � D .. �., d.� E m Cao • : nn �r l a I y } y m Exterior side . I w ' yard setback 'Dw�- ,PLOStR 17t0.1 IL � I m EDGE OF LSRCA 111 WATFRCOI;RSE Z f 1 _ setback to watercourse setback from interior lot line to window well PIOIOIID211011EY ,. 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Il `s k W o x' o 3 'y E: CO LO CO O � UA2J a6upa � Pil a8uea a E rc IL 3 � 8 Y U P _ lJ E � ■� 3 Vim} Me Q Ln r, L I w Li -1 Page 174 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re- Minor Variance A... `s W - � a a ff o x 3 'y �� E• �pa afiaea rc `> rI E M L0 ' 0 Q L) J CIO O r.L � 0 C6 ■� - �t a m O � HO > a -na auuea s l ; Page 175 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re- Minor Variance A... `s f W o x' o 3 'y E: CO LO Q CO r N w �s ; R 0 A D A L 0 W A N C€ D E W€E N 5 i A S 1 I IASG� II U 2 ` •s �l� �� _ 9��' d i ' ,I� 1� J4 - I `e v n n U C� c� L— a O Cn C M v CL a Page 176 of 368 • - 11 p.m. DS2023-096, Danielle Waters, - -- Minor Variance 04 CO CO CN - ', • CN U) !zw CL CL a� =1 • Page of .: 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re- Minor Variance A... W j I+f Zl 3 ts`, CO M � t �i t: O �3 , r� i s� •� err; ��i�tE,, 3 � � ���,�., ;`;�, m] � r " V } F 7 U t .fir y P >rA`. Page 178 of 368 6.e) 7.00 p.m. DS2023-096 Danielle Waters Planner re- Minor Variance A... � w ^, W o x' W CO LO a LLI 4-0 •� � av:. ., �,:�, ; c � x E� .r uj Page 179 of 368 rx 4 ? 40, A P ,�• r '.. r F • Y y it llt .. }1� ,• R 9 a. •� ry. t 1 xz � E • - 11 p.m. DS2023-096, Danielle Waters, - -- Minor Variance 9 ' � 00 CO UD dL �`' ; §r@ - „fir.. �jFdd,!• 3 _ r,S s k s' q. - Y r c [ 3 • p' , r 2�- Page 182of •i 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... CU k CU (6 w _0 0 �f O E o S B 0 Q a) 3 0 O U Q O E a CU C L L m (6 M U a) m >+ \ 00 U C a) J CO U) -0a o LO O Q L to O N C ' U O CU O U O E U 1Z C \` o T O LO d CO Y r C C U � C O O N E m .o 'T � C) . 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CDCL Y CU O O O C U) CU CU > (6 CuU) '0-- [� C) U U O O U) CU Q CD'U CD CU L L L Cu Q Z (o 3 Q ca O > D W -0 — C U B C � 0- 0 -0 +� + O a) � O L u i CO OU - O H 0 O (a L N = r N Ch Page 183 of 368 6.e) 7.00 p.m. DS2023-096, Danielle Waters, Planner re: Minor Variance A... w c E w i O -4 O o S aj a) � C Q) C O � z L a �\ W O O U i a o Q p c O00 C d d U m CIOa) o c L O•� a) O COL g: W O } ' ^, M } ^L, C L O /w/?�� � CIO LLJ �� VJ W V N E � L L � W �� E U U N U i O L CO ) O _p O J O cn OC U Cu W Z C O a U a) c n3 O U c O O U U W L _0 � J E > O a) � `� a) - a) C o 0) �_ L O C v CO O O U 2 O C (1) a) + O o �t� C O U VJ v aY VJ L L •M O O O Q O a) (L6 w a 0 0 > a) /U) O U > - .�aa) Q0X � � 0 Co Q L �_ E o 4- a ow � mmm1- a' E > — c a) a) m ON � cO a) a0i cU cn ■ ■ u) ca , r- 0 m '� o m > O C � � c�r� c�') N � 0 0 0 LONaO � a) W _ M a rn c� m m _ Q -0 4 U) U) -0 O a) a) N (n (n a) a) O A (6 L r L)) C a) 6� t0 N E E O -a a) C a) O O >j a`� U O o U a) Q a) An L V Page 184 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, g Plannin Services re- Consent ...w y d � x a 'N_ZL au O Z M� W CO N O - N O _ L (� 06 U .-. v Q Q W Q_ LU 06 4- j L C:0 t6 O Z (n N U N O O O a +� O .� L O O C: Nw O t� Page 185 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re: Consent ... M `s L� b` O W O " cn �f o x c6 � o N 3 a Oo L. O U cV M O C N N � CD U LO O ° " U N r U a U) U 42 00 CO0 E o6 0 X m 0 J Q L o U CO No -L Q Q Q C'7 N cn -C Q N _O -0 0 cn �--� n 4_-� O U L N C � N O O cn a? a) m U) Q U ca o Cu l, r U TO O 3 �, N Q a) .� J o o X U ca. L- 0 E Q . . Q M " QQ M ai _0 00 .0 � � cn = a M m o o a a � U Page 186 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... `s f W o x' o 3 'y E: O Z r n�/ 'N Zl I I ! N N C6 9 l q ID 3 8 - O,,..rw.,�. O U 0 a as a Page 187 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... `s f W o x' o 3 'y E: O Z � a 7 m � N H19az.na! � zAM'N=ZL auil � Z.Cauia �', N a I I Y„N O N � a O � _ C6 ` U —1 Q C- FD- N Cn O • • U � 6 H O 4 � N � - � - ■_ R" in � 'g yy C ■_ I Ci '4.� Q kl.l W ` I I- Page 188 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... Ilk `s W _ o 3 'y V O V/ � ur z Z O a wQ J C� m w s � II N � O J O a CL a _l Y O 4I 0 IX (n — U v CL ----------- IL FT- LU A\ ea ,uwJ N i ? _ c i + W Ix4 H J 0 Page 189 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... Il `s k W o x' 3 k E: OV a w<,,a+ o g g„ $ s Ry e@ o Z R P S N A O d w 00 - M1 Cn p o. 3� -- r U p - - U ca C� CL CL a Page 190 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... `s f W o x' o 3 'y E: IZ— - ry i. � Sith4�au� l _ qj O -ry,E�4Saual 4:au�- z �� •N 4-au�•l - ; 4-au!•l - ! W• -T 4'l a i - 'S[Li�au5 Y t W 'N•04 auil. S O4su PI 'Nefi+au!l 'S-6 au❑ am 58aui-I _ - H / a nITa UN.g.au11 -55 aun �.L `` W (n O � � v Av++ LPL W i U. a E E M U. O Page 191 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... k 04 fU) a J Z < _ � C� F� �r y, J Cn t. /) I ru V Of Page 192 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re: Consent ... 04 �. ' QD IZ— O cn m J O N C6 U }j Vic, r " v' ,F �A g (' All ff �y L k t d r W Page 193 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re: Consent ... 04 ` I r W U) o S m u) a� o CO �' O sd' �ri a_ e , C—Cn .� i aia� °f O ....... k i J Page 194 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re- Consent ... �•:' tier - :� \ w ME NO a w�eE a � da J?v? 00 Z 1 1 O � o Q U) O t h .V - — 3 Page 195 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re: Consent ... Ilk `s 04 � � a fg` r` } M1 � W L CD ffi W \\(D_ Cn / 0 w. id. Page 196 of 368 6J) 7.10 p.m. Andy Karaiskakis, Manager, Planning Services re: Consent ... `s f W o x' 3 k C U Q �\ CL (z N O '0 O Z N L 0 M� `z I L O � N � L }� O ML W\\ W ^` Q O • • N O 0 0 o U � U � Q N E r- O v U cz Page 197 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager Planning Services Meeting Date: December 6, 2023 Report No.: DS2023-102 Subject: Consent Application 2023-B-17 by 2520309 Ontario Inc. (Bruce North), 159 Line 11 North Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2023-102 be received and adopted. 2. That Development Services Committee grant provisional consent to Consent Application 2023-B-17 by 2520309 Ontario Inc. (Bruce North), pertaining to lands located at 159 Line 11 North, Township of Oro-Medonte, to create a new lot having a lot area of approximately 0.5 hectares (1.2 acres) and a lot frontage of approximately 48.0 metres (157.4 feet) containing a dwelling that is surplus to the applicant's consolidated farm operation, subject to the conditions as outlined in Report DS2023-102. 3. The conditions for Consent Application 2023-B-17 are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the severed or retained parcel. b) That the retained lands be rezoned to an Agricultural/Rural Exception Zone to prohibit residential uses consistent with the Provincial Policy Statement. Development Services December 6, 2023 Report No. DS2023-102 Page 1 of 18 Page 198 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... c) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands. d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. WARNING: Failing to fulfil the conditions within the above-noted statutory two year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands have a lot area of approximately 21.7 hectares (53.6 acres) and contain a single detached dwelling and a barn used to store hay. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). The applicant is proposing to sever a lot containing the dwelling on the basis that the dwelling is surplus to the applicants consolidated farm operation. The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approximately 48.0 m 157.4 ft. Approximately 214.7 m 704.4 ft. Depth: Approximately 104.2 m 341.8 ft. Approximately 714.2 m 2,343.1 ft. Area: Approx. 0.5 hectares 1.2 acres Approx. 21.2 hectares 52.4 acres Use: Continued Residential Continued Agricultural The applicants Consent Sketch is included as Schedule 3 to this report. Development Services December 6, 2023 Report No. DS2023-102 Page 2 of 18 Page 199 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Analysis Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.3 - Agriculture are applicable to this application. Section 1.1.4 of the PPS contains policies related to "Rural Areas in Municipalities" and specifically, Section 1.1.4.1 d) of the PPS encourages "the conservation and redevelopment of existing rural housing stock on rural lands." The subject lands are located in a Prime Agricultural Area and Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a. agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b. agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and, d. infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." Section 2.3.4.1(c) regarding the severance of a residence surplus to a farming operation is the policy that is most directly relevant to this application. The proposed consent is a severance of a residence surplus to a farming operation as a result of a farm consolidation. Between the owner of the subject lands (2520309 Ontario Inc.) and the parent company in their corporate structure being Northward Diversified Corp., they own seven (7) additional farm properties in the Township, see Schedule 4, each of which contains a single detached dwelling. The applicants are proposing to sever the dwelling on the subject farm parcel (159 Line 11 North) on the basis that it is surplus to their farming operation. During a site visit of the subject property, livestock were identified on the subject property. According to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Minimum Distance Separation (MDS) Document, an MDS I setback is Development Services December 6, 2023 Report No. DS2023-102 Page 3 of 18 Page 200 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... required for a proposed surplus dwelling severance that contains an existing dwelling and an existing livestock facility on the same property. The applicant has indicated that the existing barn on the subject lands currently does not contain livestock; however, the owner also owns the adjacent farm parcel to the east at 10 Line 12 North which contains cattle. The applicant has indicated that the cattle will be relocated to the existing barn on the subject property. Based on the MDS I calculation prepared by the applicant, a minimum of 130 metres is required between the existing barn that will house the relocated cattle and the existing dwelling on the proposed severed lot. The applicants site plan drawing notes a setback of 159 metres from the existing dwelling to the existing barn, therefore complying with the MDS setback. On the basis of the above policies, the proposed Consent application is considered to be consistent with the Provincial Policy Statement 2020, subject to the amendment to the zoning of the retained lands, prohibiting their use for residential purposes. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2 of the Growth Plan contains policies for "Where and How to Grow", and states in Section 2.2.9.6 that "New ... lots ... for residential development ... may be allowed in rural areas in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006." The Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation is considered to conform to the Growth Plan policies of the Province. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have received comments from the LSRCA and advise that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans and have no objection to the approval of the application. Development Services December 6, 2023 Report No. DS2023-102 Page 4 of 18 Page 201 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the County of Simcoe Official Plan (refer to Schedule 5). The severed lands are located within the "Agricultural" designation. Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 3.3.5 states that "Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation." (p. 18). Section 3.6 of the County's Official Plan contains Agricultural policies that include criteria for lot creation and specifically 3.6.7(c) states that the severance of a residence surplus to a farming operation as a result of farm consolidation is permitted provided that: i. The new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and, ii. New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. To ensure that no new residential dwellings are permitted on the remnant parcel, municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s), and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies" (p. 36). "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan and in the PPS and means "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." Consent application 2023-B-17 would create a retained parcel for continued agricultural use and would be rezoned to prohibit future residential uses on those lands and a severed lot containing an existing dwelling having a lot size of approximately 0.5 hectares (1.2 acres) complying with the County's policy for a residence surplus to a farming operation outlined in Section 3.6.7 of the County's Official Plan. The County has provided comments on the proposed consent application and advise that the application is consistent with the requirements of the PPS and the County OP subject to the retained lands be rezoned to prohibit a residential dwelling. On this basis, Planning Staff are satisfied that Consent Application 2023-B-17 conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Development Services December 6, 2023 Report No. DS2023-102 Page 5 of 18 Page 202 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated "Agricultural" in accordance with Schedule "A— Land Use" of the Township's current Official Plan (refer to Schedule 6). The Township's adopted (October 2022) Official Plan designates the subject lands as "Agricultural" and "Greenlands" (refer to Schedule 7). The severed lands are located within the "Agricultural" designation. The current Official Plan has not yet been updated to include policies specific to the severance of surplus farm dwellings. Therefore it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against Section D2.2.1 of the Official Plan which sets out general criteria applicable to all consent applications. These criteria and Planning Staff's comments are listed below: D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year- round basis; Conforms: The severed lands and retained lands will have frontage on Line 11 North, a Township road maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands do not have direct access to a Provincial Highway or County Road; access is from Line 11 North; c) will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not been received to identify any traffic concerns. MTO has advised that they have no concerns regarding the proposed severance. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Development Services December 6, 2023 Report No. DS2023-102 Page 6 of 18 Page 203 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Conforms: Both the severed and retained parcels would comply with the Zoning By- law's lot frontage and area requirements. The dwelling is already existing and its severance would not conflict with existing surrounding agricultural activities. Should the Committee approve the Consent application, a condition is recommended to be included that will require the applicants to successfully apply to the Township to amend the Zoning By-law to prohibit new residential uses on the retained lands. e) can be serviced with an appropriate water supply and means of sewage disposal; Comments: The existing dwelling on the severed lot is currently being serviced by a well and private septic system. The Building Division is responsible for matters related to septic systems and have requested that the applicant confirm the setback from the existing septic system to the proposed property line. 0 will not have a negative impact on the drainage patterns in the area; Conforms: The Development Engineering Division is responsible for matters related to drainage and no comments have been received on this application. 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; Conforms: The retained lands are designated "Agricultural" and are thus not designated for development beyond the level of their current use, which is for agricultural purposes. Additionally, development of an access to the retained lands or other parcels will not be restricted. h) will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: No natural heritage concerns have been identified by the Township and agencies in their review of this application. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. Development Services December 6, 2023 Report No. DS2023-102 Page 7 of 18 Page 204 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Further, it is noted that since the proposed lot creation is the result of the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands. Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 8). The existing dwelling is permitted in the A/RU Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By- law. As a condition of consent approval, the applicant must apply for and obtain an amendment to the Zoning By-law for the retained lands. The retained farm lands are to be rezoned to an Agricultural/Rural Exception (A/RU*) Zone to prohibit residential uses, in keeping with Provincial Policy Statement and County Official Plan policies for surplus farm dwelling severances. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staffs opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan Development Services December 6, 2023 Report No. DS2023-102 Page 8 of 18 Page 205 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... • Township of Oro-Medonte Official Plan • Township Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received. • Township Infrastructure and Capital Projects —no comments. • Building Division — Confirm setback from existing septic system to proposed property line. • Enbridge Gas — no objections. • LSRCA— no objection to the approval of the application. • MTO — MTO has no concerns regarding the proposed severance. No access to Highway 11 will be permitted. • County of Simcoe — The proposed consent would be consistent with the requirements of the PPS and SCOP for a severance of a residence surplus to a farming operation. If the Township, LSRCA and Committee are satisfied that the consent is for a surplus farm dwelling, then the County would have no objection to the proposed consent. County Staff require the retained lands be rezoned to prohibit a residential dwelling as a condition of consent. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Farm Parcels Held by the Owners/Farm Operation Schedule 5: County of Simcoe Official Plan Schedule 6: Township Official Plan — Schedule A - Land Use Schedule 7: Township Approved Official Plan — Schedule A— Land Use Schedule 8: Existing Zoning Development Services December 6, 2023 Report No. DS2023-102 Page 9 of 18 Page 206 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-17 specifically to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation on lands municipally known as 159 Line 11 North, Township of Oro-Medonte, be approved, subject to the identified conditions, on the basis that the application is consistent with the Provincial Policy Statement 2020, the Growth Plan 2020 and conforms to the Official Plans for the Township of Oro- Medonte and the County of Simcoe, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, November 30, 2023 Approval: Date of Approval George Vadeboncoeur, RPP, Interim Director, Development Services November 30, 2023 Development Services December 6, 2023 Report No. DS2023-102 Page 10 of 18 Page 207 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 547 178 127 N da Bvle Pd E. C J ua 1.an E' ee=aa.w. 777 C2 I 193 10 40 J 176 2 Id C J 2310 70 76 154 N 95F100 J 11 65 196 56 �l 56 4056 2265 1966 2021 �F 1906 eEld 96 235 —,C 'J 114 1893 Location � - ® Subject Lands Ibtn,ukipcf Proud Heritage,Exciting Fudar 0 loom File Number:2023-13-17 Development Services December 6, 2023 Report No. DS2023-102 Page 11 of 18 Page 208 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo nv xa.w cr` � HIM �•dt � a ` aa.adw. as ,:;F s ' 4 ! r s. J Aerial Q Subject Lands Proud Heritage,Exciting Fulto, 0 100 m File Number:2023-B-17 ti l i i i l Development Services December 6, 2023 Report No. DS2023-102 Page 12 of 18 Page 209 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Consent Sketch SEVERANCE SKETCH - ♦ issu<nraxnt A.. . i A. ' i wa"«mo ter% r�C; �4MORGAN m Toumuhip of Consent Sketch Proud Heritage,Exciting Futurr File Number:2023-B-17 Development Services December 6, 2023 Report No. DS2023-102 Page 13 of 18 Page 210 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Farm Parcels Held by the Owners/Farm Operation i J — SIMCOE 127 ROAD I - 4Z �a z Old=Barrie Rd E. Z = �' arrie•RiIrW-� — -t � z Z —Z %✓tT i Z y rn d m w c 1:2 15/16-Srd.E. 15/16 SrdrW. v g m —I— - c r _ C 11 - U tun) N ) N G7, Of � Cd d .Ul - a, - C- J 1201 Schedule 4 ^� Farm Parcels Held by the Ti Jfipo( Owners/Farm Operation ( ivj�,< �� �te Proud Herimsr,EscitieS Fuhrrr Other Owned Parcels = Subject Lands /� 0 1,500 rn File Number:2023-B-17 4, I� Jim J1 I Development Services December 6, 2023 Report No. DS2023-102 Page 14 of 18 Page 211 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 5: County of Simcoe Official Plan Rd nw1 pd Z I ' d C J 11 �I County of Simcoe — Land Use =3 Subject Lands Agricultural Proud tloiragr,Lx iting Fuunr Settlements Greenlands — Rural 0 100 m File Number:2023-13-17 N I 1 i 1I Development Services December 6, 2023 Report No. DS2023-102 Page 15 of 18 Page 212 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 6: Township Current Official Plan — Schedule A - Land Use 1. �. -�..no.w.y xe.w. `we c. Z C J— See Section C1.4.3 yI � I Township Official Plan - Land Use CIA Subject Lands Environmental Protection Two -Recreational 0 Rural Environmental Protection One 0 Agricultural 0 Hawkestone Expansion A afou,uship of -Industrial �i. Proud Heritage,Exciting Future 0 100 M File Number:2023-B-17 LL-Li Development Services December 6, 2023 Report No. DS2023-102 Page 16 of 18 Page 213 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 7: Township Approved Official Plan — Schedule A— Land Use I t n.a.e. -,..no.w.y Id.w. 2 ei.pe f. _gym Z Id Ic I N m. Via= I Township Approved Official Plan - Land Use Agricultural \ /`Subject Lands 9 '�, Greenlands 0Tou'r,dtyrnf - �- Rural Settlements �YY /fcf/O�fIte Proud Heritage,Lixcitiug Fwure 0 300 M File Number:2023-B-17 ti I Development Services December 6, 2023 Report No. DS2023-102 Page 17 of 18 Page 214 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... Schedule 8: Existing Zoning r- A/RU: A.RU RUR2 EP Ad.E. nTUR2 Z A(RU EP li 'J R�2 EP — PR-267(H) IRU RUR2 PR-267 A/RU*297 PR'267(H) A/RU*297 n �o EP n GC RUR2 9(_RlL-f I GC(H) �I AJRU E A EP �I N A/RU*15 CI A/RU*15 A/RU-15 I A/RU R1 Existing Zoning RI(Residential One) �_ real Subject Lands �� RUR2(Rural Residential Two) ��� ` Totvnsiti o _ LI(Local Industrial) _ GC(General Commercial) A/RU(Agricultural/Rural) Proud Heritage,L.eciting Fuhnr _ EP(Environmental Protection) _ PR(Private Recreational) 0 380 m File Number:2023-B-17 I(Institutional) ti 1 1 1 1 Development Services December 6, 2023 Report No. DS2023-102 Page 18 of 18 Page 215 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... - - J s w tE_Z�aul�- S Z6 auq :L O C6 O O� O CO O N ' LO Fo I �- i m i CO N L O N O Q U Z Q —j }' CC) _� 'i G) � r Q a O O U .- C r •— a� v C •,� L J N O C� Page 216 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, Manager, Planning Services ... 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DS2(3-10 Andy Kaiskaki /lan�ger, Pinning Services ... c : can U) m m N U cn L a M •� O O o = O O N (6 N L CO E m Q o m o � � �~ � F6 0 E 'U U LO LCn o � a) O .Q t6 O O \ • V O 0 to M 3: U •M +� 0 >1 (6 . :3 L O a) M Z C U N V� ' O-5 6 o 00- O cCO U) N E O-0 N N O N m [6 O a) a) .L (6 C U _ _O L� U U ._ 0 •� > m Ln O U •� OU O � O U a) L a) L� +r ._ 4-5� E 0 }' O .Ln O a) O a) L6 j O 0 .L � o ° .-. ° o •X a>i � U) 6 0 0 0 E (6 i ._ m o 0 En = CO a) m L� � vi O (DO UN OcaQ � a) ( > � � � U L� o LN �: o cn m O O O O (6 Cu (a (a 7 Q -C N U _0 i Page 241 of 368 6.g) 7.20 p.m. DS2023-102, Andy Karaiskakis, lanager, Planning fervices ... 6 Z � Z W C7 I Za ZJ ZW d > JW IL Page 242 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: December 6, 2023 Report No.: DS2023-093 Subject: Consent Application 2023-B-19, Danielle Devitt, Joran Johannessen, Nicholas Johannessen & Jennifer Johanessen, 4662 Line 6 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2023-093 be received and adopted. 2. That Consent Application 2023-B-19 by Danielle Devitt, Joran Johannessen, Nicholas Johannessen & Jennifer Johannessen, to create an agricultural lot on the lands, consisting of a severed parcel having an area of approximately 46.1 hectares (113.9 acres) and a frontage of approximately 308.0 metres (1,010.5 feet) on Line 5 North and a frontage of 126.0 metres (413.4 feet) on Line 6 North and a retained parcel having a lot area of approximately 40.5 hectares (100.1 acres) and a frontage of approximately 535.0 metres (1,755.2 feet) on Line 6 North, be approved subject to the conditions as outlined in Report DS2023-093. 3. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of cash in lieu of parkland. b) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the retained lands adjacent to Development Services December 6, 2023 Report No. DS2023-093 Page 1 of 25 Page 243 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Mount St. Louis Road West to the Township and a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to Line 6 North to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre widening with Mount St. Louis Road West as one Property Identifier Number to the satisfaction of the Township and consolidate the 3.0 metre widening with Line 6 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. c) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each lot to be created as cash-in-lieu of a parkland contribution pursuant to By- law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background The property spans from Highway 400 to Mount St. Louis Road West and from Line 5 North to Line 6 North. The lot is approximately 85.0 hectares (210.08 acres) in size, according to MPAC records, and contains a couple single detached dwellings, an Development Services December 6, 2023 Report No. DS2023-093 Page 2 of 25 Page 244 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... existing homestead building and multiple agricultural buildings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. The applicants originally submitted Consent Applications 2023-B-19 and 2023-B-20 with the purpose of doing two technical severances, to re-create three original parcels which inadvertently merged on title. The applicant's original consent sketch can be found in Schedule 3 of this report. Through Planning Staff's review of the Provincial, County and Township policies, it was determined that the proposed consents would not meet the criteria for consents for legal or technical reasons as the applicants were proposing to recreate three parcels; whereas, the creation of a new lot is not permitted. These policies will be examined in greater detail in the following sections. Through further discussions with the applicants regarding the policy concerns and the options available to permit a severance, the applicants decided to amend their application (2023-B-19) to request one agricultural severance and cancel the second technical severance (2023-B-20). The retained lands remain the same dimensions and same lot area. The only difference is, rather than severing two lots, they combined both severed lots into one larger severed lot to meet the County of Simcoe's Official Plan policies which require a minimum lot size of 40.0 hectares (98.8 areas) for agricultural lots. The revised consent sketch can be found in schedule 4 of this report. Purpose of Application 2023-B-19 (revised): The purpose of Consent Application 2023-B-19 is the creation of a new agricultural lot. The details of the proposed consent (severance), are provided in the table below. Lands to be Severed: Lands to be Retained: Frontage: Approximately 308.0 m (1,010.5 ft.) Approximately 535.0 m (1,755.2 ft.) of frontage on Line 5 North Approximately 126.0 m (413.4 ft.) of frontage on Line 6 North Depth: Approximately 1,313.0 m 4,307.7 ft. Approximately 655 m 2,149.0 ft. Area: Approximately 46.1 ha 113.9 ac. Approximately 40.5 ha 100.1 ac. Use: Agricultural Agricultural Analysis Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage and 2.3 — Agriculture are applicable to this application. Development Services December 6, 2023 Report No. DS2023-093 Page 3 of 25 Page 245 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... The applicants had originally requested two technical severances to re-create three original parcels which inadvertently merged on title. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (p. 27). "Legal or technical reasons" is defined as: "means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (p. 45). The technical severances did not meet the definition of legal or technical reasons as the purpose was to recreate three parcels. Therefore, staff referred to Section 2.3.4.1 which speaks to lot creation in prime agricultural areas. Specifically, Section 2.3.4.1 states that: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operation as a result of farm consolidation...; d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." (p. 27). Section 2.3.4.1 (a) quoted above, states that lot creation in prime agricultural areas may be permitted for agricultural uses provided that the lot size is appropriate for the type of agricultural uses common in the area. Simcoe County's Official Plan, which will be discussed later in this report, requires a minimum lot size of 40.0 hectares (98.8 acres) for agricultural uses. Both the severed and retained lands would comply with the County's minimum lot size for agricultural uses. Section 2.1 — Natural Heritage is also applicable due to the presence of several watercourses, floodplains, unevaluated wetlands and significant woodlands (see Schedules 7 and 9 to this report). Section 2.1.5 (b) of the PPS states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Development, as defined by the PPS, includes the creation of a new lot. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA indicated that they have no concerns with the proposed lot configuration as the proposed lots are not proposed through hazard lands or bisect natural hazard features. Due to the large distance between the significant woodlands and the proposed lot line (over 300.0 metres/984.3 feet), Planning Staff is of the opinion that an Environmental Impact Study (EIS) is not needed to conclude that the proposed development will not impact the Significant Woodland, and that no further information is needed to demonstrate that the application is consistent with Section 2.1 Natural Heritage. Based on the above, Planning Staff is of the opinion that this application is consistent with the PPS. Development Services December 6, 2023 Report No. DS2023-093 Page 4 of 25 Page 246 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas and Section 4.2.6 Agricultural System are applicable to this application. Section 4.2.6.5 states: "The retention of existing lots of record for agricultural uses is encouraged, and the use of these lots for non-agricultural uses is discouraged" (p. 46). The proposed severance would result in two agricultural lots, which will be used for continued agricultural use. The subject lands contain several watercourses, floodplains, unevaluated wetlands and significant woodlands; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. As explained in the previous section, since the proposed lot line is located over 300.0 metres (984.3 feet) from the significant woodland, Planning Staff is of the opinion that the proposed development will not impact the Significant Woodland. Based on the above, it is Planning Staff's opinion that this application conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are designated Agricultural and Greenlands in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan, see Schedule 5 to this report. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 145). Since the original proposal for two technical severances did not comply with these policies, the applicants revised their plans to request one agricultural severance. Section 3.6 Agricultural seeks to protect the prime agricultural lands for long-term agricultural use. Section 3.6.7 contains a list of cases where an agricultural severance is permitted, specifically: "In the Agricultural designation lot creation is discouraged and may only be permitted for: a) Agricultural uses, provided new lots for agricultural uses should not be less than 40 hectares or the original survey lot size, whichever is lesser, or 16 hectares in specialty crop areas. Development Services December 6, 2023 Report No. DS2023-093 Page 5 of 25 Page 247 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... b) Agriculture-related uses (PPS 2014), provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services. Residential uses shall be prohibited on such lots, and they shall be zoned accordingly; c) a residence surplus to a farming operation as a result of farm consolidation...; or, d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way" (p 38). The revised plans for one agricultural severance complies to the minimum agricultural lot size set out in Section 3.6.7 (a) as the retained lot would be 40.5 hectares (100.1 acres) and the severed lot would be 46.1 hectares (113.9 acres). County of Simcoe Planning Department provided comments based on the original submission for two technical severances, see Schedule 12 of this report. The comments quoted a number of policies from the PPS and County of Simcoe Official Plan. In Township Planning Staff's opinion, the revised plans for one agricultural severance addresses their comments as lot creation in the agricultural designation is permitted for agricultural uses provided that the new lots are not less than 40.0 hectares (98.8 acres). On this basis, Planning Staff is of the opinion that the Consent Application generally conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. In this regard, the existing OP (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP receives final approval by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural and Environmental Protection Two in the Township's existing Official Plan (1997), see Schedule 6 to this report. The Environmental Protection Two overlay designation includes the significant woodland located at the north end of the property. The subject lands are designated Agricultural and Greenlands in the Township's Adopted Official Plan (2022), see Schedule 8 to this report. The Greenlands designation corresponds to the woodlands on the subject lands. The objectives of the Agricultural designation, as set out in the Township's existing Official Plan, are: • To maintain and preserve the agricultural resource base of the Township. Development Services December 6, 2023 Report No. DS2023-093 Page 6 of 25 Page 248 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... • To protect land suitable for agricultural production from development and land uses unrelated to agriculture. • To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. • To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Section C1.3.1 — The Creation of New Lots for Agricultural Purposes contains criteria for lot creation associated with a specialized agricultural use. More general agricultural severances, such as the one proposed by this application, the evaluation must be based on Provincial and County policies and on the general consent criteria found in Section D2.2.1 of the Township Official Plan. These policies and Staff's comments are provided below: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Conforms: The severed lot would front on Line 5 North, Line 6 North and Highway 400, although there will be no direct access off Highway 400, and the retained lands would front on Line 6 North and Mount St. Louis Road West. These roads are public roads that are maintained year-round. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands to be severed will front on Highway 400; however, the subject lands will not have direct access to the Highway. c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns. However, they indicated that they will require: • A 3.0 metres (9.8 feet) road widening along Mount St. Louis Road as it has been identified in the Road Network Plan as a collector road requiring a 23.0 metres (75.5 feet) right-of-way. • A 3.0 metres (9.8 feet) road widening along Line 6 North on both the severed and retained lands. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: The property is located in the Agricultural/Rural (A/RU) Zone which requires a minimum lot area of 2.0 hectares (4.9 acres) for agricultural uses and a minimum lot frontage of 45.0 metres (147.6 feet). The lands to be severed and Development Services December 6, 2023 Report No. DS2023-093 Page 7 of 25 Page 249 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... retained would comply with the minimum lot area and the minimum lot frontage in the A/RU zone. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: The severed and the retained lands possess sufficient land area for all existing and any proposed buildings to be serviced by private individual on-site services (well and septic system). f) Will not have a negative impact on the drainage patterns in the area; Conforms: The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. 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; Conforms: As proposed, the lands to be severed and retained would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: No natural heritage concerns have been identified by Planning Staff or the Nottawasaga Valley Conservation Authority in the review of this application. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Development Services December 6, 2023 Report No. DS2023-093 Page 8 of 25 Page 250 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Table B4 in the Township's Zoning By-law requires a minimum lot area of 2.0 hectares (4.9 acres) for agricultural uses and a minimum lot frontage of 45.0 metres (147.6 feet) for properties in the Agricultural/Rural Zone containing a single detached dwelling. The severed and retained lands would comply with the minimum lot frontage and minimum lot area required in the A/RU zone. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Infrastructure and Capital Projects: o A 3.Om road widening along Mount St. Louis Road as it has been identified in the Road Network Plan as a collector road requiring a 23.Om ROW. Development Services December 6, 2023 Report No. DS2023-093 Page 9 of 25 Page 251 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... o A 3.Om road widening along Line 6 North on both the severed and retained portions. Line 6N has been identified under the County of Simcoe's most recent Transportation Master Plan as a road that will be uploaded to the County at some point in the future. • Township Building Division — No comment. • Hiawatha First Nation — No questions or concerns. • Enbridge — Does not object. • Nottawasaga Valley Conservation Authority— See Schedule 11 to this report. • County of Simcoe — Planning Department— See Schedule 12 to this report. Attachments Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Original Consent Sketch — Two Proposed Technical Severances Schedule 4: Revised Consent Sketch — One Proposed Agricultural Severance Schedule 5: County of Simcoe Official Plan — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Township Official Plan — Natural Features Schedule 8: Township Adopted Official Plan — Land Use Schedule 9: Township Adopted Official Plan — Natural Features Schedule 10: Existing Zoning Schedule 11: Nottawasaga Valley Conservation Authority comments dated November 21, 2023. Schedule 12: Simcoe County - Planning Department comments dated November 29, 2023. Conclusion Based on Planning Staff's analysis of this application, it is Staff's recommendation that Consent Application 2023-B-19 be approved, specifically to permit the creation of a new agricultural lot on the lands municipally known as 4662 Line 6 North, as the Consent is consistent with and conforms to Provincial Policies, the County Official Plan, the Township Official Plan, satisfies Section 51(24) of the Planning Act, and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, November 30, 2023. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services November 30, 2023 George Vadeboncoeur, RPP Interim Director, Development Services November 30, 2023 Development Services December 6, 2023 Report No. DS2023-093 Page 10 of 25 Page 252 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re- Conse... Schedule 1: Location Map da Bv.le Pd E. 4800 wa1°"'E a.=.a.w. 386 246 ` r 563 Mount:St.-Louis.Rd-W. 21 103 4573 l �_ ` 4613 99 462_� 4445 410 4454 J �= l �r 4443 502 4413 650 387 00 4308 �d 525 801 741 455 801 4342 980 4279 4329 4316 4212 Location -0� ® Subject Lands Ibtn,ukipcf Proud Heritage,Exciting Fudar 0 loom File Number:2023-B-19 8 2023-B-20 4/ Development Services December 6, 2023 Report No. DS2023-093 Page 11 of 25 Page 253 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re- Conse... Schedule 2: Aerial Photo ,9 St;Louis { p Z 'Z N � �= K J ° J 4' i �ngraM Rd. Aerial ,�L 'fi untshih��� � Q Subject Lands � Proud Heritage,Exciting hour, 0 100 to File Number:2023-B-19&2023-B-20 I I I Development Services December 6, 2023 Report No. DS2023-093 Page 12 of 25 Page 254 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 3: Original Consent Sketch — Two Proposed Technical Severances Legend AtRU I rRU �`RyU) AlRU E \- ac�p✓EP�„��� Creek '�• �� // AIRU 1' •• Existing Property Line ,•Qorokl 30 ` House �� •t New Property Line ......... da�i�e %IRU Treed Area R r ! _. .. Using(trilled Exrsb }S, Schedule B.EP2 Significant Woodlands Well over coat Septic Schedule A.EP2 ••'�'•'• tr=emstng ....._._... Sep tic Septic System Exceeds minimum setbacks fed AA �5 required in OBC Div.B. tg0a� 101 p /R be AU :k dye k1• I} x ARU 1 AIRU Je�ed AtRU-96 e ✓A/RU 96��6 .... IX `obe�Z01 AIRU •`. 601 AU e ArRU•96 AIR •• qe /R �e AU AIRU vo VPS 191 A1� Vasa\ZOZ3�• 65ax1• x� z aS �' • KRU AlRU ......_.... / AIRU— 'li�un+/rip o� Consent Sketch Proud Heritnge,Fxritit{Q FOrtarr File Number:2023-B-19&2023-B-20 Development Services December 6, 2023 Report No. DS2023-093 Page 13 of 25 Page 255 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re- Conse... Schedule 4: Revised Consent Sketch — One Proposed Agricultural Severance Legend A1R11 a Creek ,aFiU ".•- 6' Existing Property Line fop `S4 t Hbus9 % New Property Line ......... 9�' NRI sr 4�'. Treed Area R �c9 { +t ....... Exdstng drilled Exiso k,�. Schedule B,EP2 Significant Woodlands Well owet100 5entio Schedule A.EP2 •'•'..'' rrom ,sing I septic Septic System Exceeds minirnum setbacks required in OBC Div.B. ;gib +tCi� oSOP' XRU .. 1ST kVyk k AIRU xd AIRU .�'ur-ss 2 P,WRU`96ri U'96 •••, k r 'A RU e® ' k�' 4 A1RU A1RU A RU �a(4 cA • ` `. A1RU'96 PJRU ••••••••• r_q A)RU A1RU ......»...»... ffr 0S AF Aa Ru nrtaV• Consent Sketch Prand Heritage,lixritit{Q Motew File Number:2023-B-19&2023-B-20 Development Services December 6, 2023 Report No. DS2023-093 Page 14 of 25 Page 256 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 5: County of Simcoe Official Plan — Land Use MounttStiLouis Rd.W. z �=a io d c Z J N C J 400 Ingram Rd. tea• v J County of Simcoe — Land Use T , W =3 Subject Lands Under Appeal Proud Plrriragr,Lx,iting Fuunr Agricultural Greenlands — Rural 0 100 nl File Number:2023-13-19&2023-6-20 N LLL.LJ Development Services December 6, 2023 Report No. DS2023-093 Page 15 of 25 Page 257 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 6: Township Official Plan — Land Use I-� .u; w.a.e. -.no.w.y Rd.w. 2 `we c. Mount,$t..Louis RdiW. — z m c z J i Jf 10'.r 400 - — in Ingram'Rd. R&I - i Township Official Plan - Land Use CIA Subject Lands O Environmental Protection Two Rural 0 Agricultural -00 k6t--� 0 Major Open Space Township<f -Mt.St.Louis Moonstone ® Proud Heritage,Exciting Future Closed Waste Disposal Site 0 100 rn File Number:2023-3-19&2023-B-20 IV iui Development Services December 6, 2023 Report No. DS2023-093 Page 16 of 25 Page 258 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 7: Township Official Plan — Natural Features i \� y k•y 4Y}4y �`}`}4` r y Y y y Y y v y Y } r `yi F. yy Itl can .. �L}♦ yYY y n lld.w u y pe.w.m•�E JF14 f 11.11Mountifit.,Louis Rd-W. Z d Z J N 400� Ingram°Rd. y}� ' ... y ` y i`• yy y 4y y L y Township Official Plan - Natural Features O;YTilutlrtclti�r n� V.-1 Subject Lands M Publicly Owned Lands v Significant Woodlands QEnvironmental Protection 2 Proud Heritage,Exciting!unite 0 300 m File Number:2023-8-19&2023-B-20 ti I I t I Development Services December 6, 2023 Report No. DS2023-093 Page 17 of 25 Page 259 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re- Conse... Schedule 8: Township Adopted Official Plan — Land Use I-- Id.w. 2 tea,,. II xae.qa.w, / _.i. Mount-St:Louis-Rd: ui Z —yam C •y � J 400 Ingram-Rd.-1 z" L6 — — — f— Township Adopted Official Plan - Land Use / `Subject Lands Agricultural Greenlands 0 Ti Recreational �`� � /�'(�O►f? Pi Rural Proud Heritage,Lisciting Fwure 0 300 m File Number:2023-B-19&2023-B-20 ti I Development Services December 6, 2023 Report No. DS2023-093 Page 18 of 25 Page 260 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 9: Township Adopted Official Plan — Natural Features 1 Mount St.-L-ouisiRdiW. = rr Z J 40� — /� _ -Ingram-RdT—_j 7-- Township Adopted Official Plan - Natural Heritage, Water Resources and Natural Hazards Woodlands 4 CJ Subject Lands M Treed '� Hedgerow ('rurtcltip n,��� Plantation /TiY�� /ft-(10) 1te MNR Un-Evaluated Wetlands Permanent Streams I Proud Heritage,Exciting Funtre Intermittent Streams I 0 300 M File Number:2023-B-19&2023-13-20 ti II lI Development Services December 6, 2023 Report No. DS2023-093 Page 19 of 25 Page 261 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 10: Existing Zoning A/RU-15 PR-58 Rd.e. A/RU I �e M MounVSt-Louis--Rq-71VIJ a AJRU a EP A/RU-96 A/RU+ 7 A/RU A/RU JU 2 C Z J V; AJRU A/RU C J EP i A/RU OS A/RU 40C A/RU EP— p�f RU Ingram'Rd. 9 EP E A/RU OS A/RU - OS A/RU OSa A/RU EP OS A/RU V7, A/RU = A/RU A/RU i A/RU A/RU J 8q Existing Zoning / ak - WD(Waste Disposal) Subject Lands 0 LC(Local Commercial) r Toe tes{iip of A/RU(Agricultural/Rural) 1tv EP(Environmental Protection) Proud Heritage,Exciting Fuunr ® OS(Open Space) File Number.2023-B-19 8 2023-B-20 PR(Private Recreational) 0 570 m I 1 1 1 Development Services December 6, 2023 Report No. DS2023-093 Page 20 of 25 Page 262 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re- Conse... Schedule 11: Nottawasaga Valley Conservation Authority Comments Dated November 21, 2023. �#,SAG4 z tilt Nottawasaga Valley Conservation Authority N November 21, 2023 SENT BY EMAIL Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Attn: Andy Karaiskakis Secretary Treasurer planningooro-medonte.ca RE: Application for Consent Town File No. B19/23 & B20/23 4662 Line 6 NVCA ID #55746 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff is in receipt of a formal consent application for two proposed severances to re-create previously established lots on the lands located at 4662 Line 6, Township of Oro-Medonte. NVCA staff have received and reviewed the following documents submitted with this application: • [Drawing] "Site Plan for Severance" [November 1', 2023] • [Notice] "Consent Application"Township of Oro-Medonte [November 9111, 2023] Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 172/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Oro-Medonte. Ontario Regulation 172/06 1. NVCA mapping for the property illustrates unevaluated wetlands and the associated 120m area of interference as well as flood and meander erosion hazards associated with a tributary of Coldwater River. Due to these hazards, the subject property is partially regulated pursuant to Ontario Regulation 172/06 the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Permits are required from the NVCA for any proposed development within regulated portions of this property. Nottawasaga Valley Conservation Authority 3195 8" Lne,Utopia,ON LOM 1T0 T:705-424-1479 F: 705-424-2115 a r�minrdinvra.nn.ra.nvra.nn.ra A member of Conservation Ontario Development Services December 6, 2023 Report No. DS2023-093 Page 21 of 25 Page 263 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Application for Consent Town File No. B19/23 & B20/23 4662 Line 6 NVCA ID*55746 November 21, 2023 3. Should the applicant intend to make further changes, staff recommend that the applicant(s) pre-consult with our Permits and Regulations Department to determine permit requirements. Provincial Policy Statement PPS (2020) 4. The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act. 5. The subject application would constitute as 'development' as it relates to determining consistency with PPS policy. Natural Hazard — Regulatory Comments 6. The proposed severances to re-create previously existing lots are not proposed through hazard lands or bisect natural hazard features. Therefore, NVCA staff have no concerns with the lot configuration as presented. Conclusion The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the consent application and based upon our mandate and policies under the Conservation Authorities Act. Given the comments above, the NVCA has no objections to the approval of the application with the inclusion of the above conditions. Please feel free to contact the undersigned at extension 233 or tboswell@bnvca.on.ca should you require any further information or clarification on any matters contained herein. Sincerely, Yam, aadM,-a& Tyler Boswell Planner I Page 2 of 2 Development Services December 6, 2023 Report No. DS2023-093 Page 22 of 25 Page 264 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Schedule 12: Simcoe County - Planning Department comments dated November 29, 2023. County of Simcoe roam Line(705)726-93uu c newrycu Planning Department Toll Free(866)893-9300 C11► COC Ar� 1110 Highway 26 Fax(705)727.4276 - ��■ Whurst. Ontario L9X 1N,6 simcoe,ca = . November 29, 2023 ':'IA EMAIL Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, On LOL 2ED RE: Circulation: Consent Applications 2023-B-19 & 2023-B-20 Subject Lands: 4662 Line 6 North. Township of Oro-Medonte. County of Simcoe County File: OM-B-23013 Thank you for circulating the County of Simcoe for comments with respect to the above noted application. The County understands that the applicant is proposing a technical severance to re- create two previously existing lots. The severed lot(2023-B-19)will be approximately 20.2 ha (49.9 ac). The severed lot(2023-B-20)will be approximately 25.9 ha(64.0 ac) and the retained lot would be approximately 40.5 ha (100.07 ac). The majority of the subject lands are designated Agricultural and portions are designated Greenlands in Schedule S_1 —Land Use Designations in the County of Simcoe Official Plan (SCOP).The Greenlands designation appears to apply to the wooded areas of the property. There are multiple watercourses identified on the property and an unevaluated wetland. Portions of the property are regulated by the Nottawasaga Valley Conservation Authority (NVCA)therefore the Nb`CA should be consulted regarding their regulated lands. The Greenlands designation includes the natural heritage system of the County. The policies that apply to the Greenlands designation aim to protect the natural heritage features and their ecological functions within the County. Per 3.8.15 of the SCOP, permitted uses within the Greenlands designation include agricultural uses; agricultural related uses; on-fame diversified uses, forestry on public lands; and subject to the lands not being within a prime agricultural area, residential dwelling units on lot which were approved prior to May 9, 2016. The Agricultural designation of the SCOP applies to lands that are identified by the Province as being `prime agricultural areas'. Provincial and County Policies direct that prime agncultural areas shall be protected for long-teml use for agriculture_ Development Services December 6, 2023 Report No. DS2023-093 Page 23 of 25 Page 265 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Section 2.3.4.1 of the Provincial Policy Statement (PPS)2020, indicates that lot creation is generally discouraged and may only be permitted for agricultural uses, agricultural related uses. a residence surplus to a farming operation and infrastructure. Lot creation for agricultural uses are to maintain a 'size appropriate for the type of agricultural use(s) common in the area and that are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations". In accordance with the PPS, 3.6.7 of the SCOP states that lot creation in the agricultural designation may be permitted for agricultural uses provided the new lots are not less than 40 hectares or the original survey size, whichever is lesser. Notwithstanding the limited opportunity for new lot creation in the Agricultural designation, Policy 3.3.5 of the SCOP permits consents in any designation for the purpose of legal or technical reasons_ as defined by the PPS, and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots. Legal or technical reasons is defined by the PPS as `severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments,which do not result in the creation of a new lot.° In addition, policy 3.3.2 of the SCOP indicates that subdivision of land by consent is permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objective and policies. The proposed retained parcel appears to have been in agricultural production and contains the existing dwelling and agricultural buildings which are permitted uses. If the Township and Committee are satisfied that the consent is for a legal or technical matter, then the County would have no objection to the proposed consent in principle based on the Township's evaluation of what is considered legal or technical. In addition, since lot creation for agricultural use is permitted in the Greenlands and Agricultural designations, no additional residential lot will be created, and no additional site alteration or new development is proposed. the County also has no concerns with the consent as it relates to these matters. Finally, the Township should also be satisfied that the application is consistent with provincial and local natural heritage system policies and objectives as well as any applicable policies detenrmined by the NVCA. Please circulate future updates or notices with respect to this proposal to the attention of the County of Simcoe Planning Department via planning.not ces(&simcoe_ca_ If you have any questions or require further infornmation, please do not hesitate to contact the undersigned. Page 2 of 3 Development Services December 6, 2023 Report No. DS2023-093 Page 24 of 25 Page 266 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... Sincerely, The Corporation of the County of Simcoe Elizabeth Davis Planner II P: 705-726-9300 ext. 1137 E: Elizabeth.davis(c�simcoe.ca cc: Dan Amadio, Manager of Planning —County of Simcoe Page 3 of 3 Development Services December 6, 2023 Report No. DS2023-093 Page 25 of 25 Page 267 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re- Conse... `s 4 �f o x � o - - -J m _ : ' _J M I r N O N 0 00 N c: o M N -r- (n O o U N O 0 Q 0 Z � cu o � t6 U � U c: U U Q �, }' •— G� M •— v .L i C� > i J N O W C) Page 268 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... `s a) W _O o x o x O � � a N � 0 � r 0 O .� N oo ' O O Ln Ln �"' LO Ln � N j o CO c , L O � N . .CD -FD E E 01 �� ?j J .X X X ° O c: 0 Q r cn Q Q Q (n M co c: N � r .0 � U O 00 M ° 4— . N M co ° U L ti O O O Ln � o a? N O L L M M o �110 L V . 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(6 ~ Q-L � ��( > (13 VJ O L •U a)m � m �1 O U O U O O M X i 00 O a) vOi LO ° O OL O m U) En N Ur y U) (IIOOO • O0 — O O -0 OL O OL O O O U a) O O cn > O (6 U + > Q �II + O _ O (C O E Q C C Q (6 O O V H 0 H H U mo H H H Q u a Q Page 284 of 368 6.h) 7.30 p.m. DS2023-093, Catherine McCarroll, Senior Planner re: Conse... `s 04 U) z o CD C E: N m o 1 cn co M N ° O z N an 015 cn cn i (n U) 0c: U_ M c N C: 0 M O ° N �= a� o O � a) ° _ +� .E ° > M a� U N 4-1 -- 0 -0 oM N 7 4— m a) a) 4- j O N W O O U CD U) O O- q) U Q � a� 4— cu O O i v 4-1 M c Page 285 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20WIN ... Township of Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: December 6, 2023 Report No: DS2023-087 Subject: Zoning By-law Amendment , 2023-ZBA-14, Alfred and Barbara Sare Concession 5 Part West 1/2 Lot 11; 51 R1 8407 Part 3 (Medonte) Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-087 regarding a Zoning By-law Amendment applying to lands legally known as Concession 5 Part West 1/2 Lot 11; 51 R18407 Part 3 (Medonte), Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-14 by Alfred and Barbara Sare, specifically to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 350 (A/RU*350) Zone on the lands located at Concession 5 Part West 1/2 Lot 11; 51 R18407 Part 3 (Medonte), Township of Oro-Medonte be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Interim Director, Development Services' signature. Development Services December 6, 2023 Report No. DS2023-087 Page 1 of 12 Page 286 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... Background The subject land has an area of approximately 0.39 hectares (0.96 acres) and is located on the north side of Mount St. Louis Road West. The property is currently vacant. The applicant has applied to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 350 (A/RU*350) Zone to permit residential construction within the provided building envelope (refer to Schedule 4). Exception 96 applies to properties that are in proximity to a decommissioned waste disposal site and does not permit the construction of new structures. Analysis Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section, Section 2.1 — Natural Heritage, are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage is applicable as the subject lands contain a significant woodland that has been identified in the Township's Official Plan. Section 2.1 provides Natural Heritage policies that require natural features and areas to be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands, and significant wildlife habitat. Due to the limited nature of the proposed development, and existing development around this section of the Significant Woodland along Line 5 North, Planning Staff are prepared to move forward without the submission of a Natural Heritage Evaluation as per Section 4.2.3 of the Growth Plan, as it would not add any additional information to the application that would change the outcome of the decision. Staff have added a minimum required rear yard setback in the proposed By-law to protect the Significant Woodland and restrict all buildings and structures to a rear yard setback of 10 metres (32.8 feet) to limit any encroachment into the woodlands. Planning Staff is of the opinion that this application conforms to the PPS, 2020. Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is Development Services December 6, 2023 Report No. DS2023-087 Page 2 of 12 Page 287 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... consistent with the Rural Areas policies in the Growth Plan 2020 as the rezoning is compatible with the Rural Area section. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. As per Schedule B of the Township Official Plan, the property contains Hedgerow Woodlands on the rear portion of the lands. Due to the limited nature of the proposed development, and existing development along Line 5 North, Planning Staff are prepared to move forward without the submission of a Natural Heritage Evaluation as per Section 4.2.3 of the Growth Plan as it would not add any additional information to the application that would change the outcome of the decision. Staff have added a minimum required rear yard setback in the proposed By-law to protect the Significant Woodland and restrict all buildings and structures to a rear yard setback of 10 metres (32.8 feet) to limit any encroachment into the woodland. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Agricultural in the County of Simcoe's Official Plan. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter-relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed development is not located on lands that are under agricultural production. Section 4.9 lays out the County requirements in regard to waste management. A D-4 Study is a study required to evaluate the presence and impact of any adverse effects or risks to health and safety and any necessary remedial measures necessary for a proposed development in compliance with the Provincial Guideline D-4 including, but not limited to, ground and surface water (hydrogeology and hydrology), noise, odour, and dust, methane gas migration, traffic impact, land use compatibility, and other studies considered appropriate. The County of Simcoe has reviewed the submitted D4 Study and has concluded that nothing further is required, and that a Development Agreement and Restrictive Covenant is not required. In Planning Staff's opinion, the applicant's zoning by-law amendment application conforms with the County's Official Plan. Township of Oro-Medonte Official Plan The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022, and approved by the County of Simcoe on November 14, 2023. The plan is currently in the appeal period. In this regard, the existing Official Plan (1997) continues to be in Development Services December 6, 2023 Report No. DS2023-087 Page 3 of 12 Page 288 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject property is designated Agricultural in the Current and Adopted Official Plan. Permitted uses within the Agricultural designation include single detached dwellings, accessory structures to residential uses, and home-based businesses. Section B5.1.9 and Section 4.5.1 (Waste Disposal Sites) of the Official Plan provides that development of new uses or new or enlarged buildings or structures within an assessment area of approximately 470 metres from the property boundary of the waste disposal site or 500 metres from the fill area of the closed site may be permitted, provided an D4 assessment is completed. The County of Simcoe has reviewed the submitted D4 Study and has concluded that nothing further is required, and that a Development Agreement and Restrictive Covenant is not required. Planning Staff is satisfied that the proposed rezoning conforms to the Official Plan policies. Proposed Zoning By-law Amendment The subject lands are zoned Agricultural/Rural Exception 96 (A/RU*96) in the Township Zoning By-law 97-95, as amended (refer to Schedule 5). Exception 96 is described below: ,,7.96 *96 - Lands Adjacent to Waste Disposal (WD) Zones Notwithstanding any other provision in this By-law, extensions and enlargements to existing buildings may be permitted and the construction of agricultural buildings, barns and other non-habitable accessory buildings and structures may also be permitted on the lands denoted by the symbol *96. The construction of new dwelling units is not permitted." The applicant has submitted a D4 Study as required by the Township's Official Plan and has been successfully reviewed by the County of Simcoe. The By-law prepared by Staff would rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 350 (A/RU*350) Zone to permit a single detached dwelling. An excerpt of the proposed By-law and the site-specific exception are noted below: 7.350 *350 Concession 5 Part West 1/2 Lot 11;51R18407 Part 3 (Medonte) [By-law 2023-089] Notwithstanding any other provision of this By-law, all permitted uses in the Agricultural/Rural Zone within the approved building envelope shall be permitted on the lands shown by symbol *350 on the schedule to this By-law , including: Development Services December 6, 2023 Report No. DS2023-087 Page 4 of 12 Page 289 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... a) Single detached dwelling. Notwithstanding the above, the minimum required rear yard to all buildings or structures is 10.0 metres (32.8 feet)" Based on the above, Planning Staff recommends approval of Zoning By-law Amendment 2023-ZBA-14 and has prepared a Zoning By-law Amendment for consideration by Council. Financial / Legal Implications / Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislations • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 120-metre (394 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments: • Township Building Division — No comments • Hiawatha First Nation — No comments • County of Simcoe, Solid Waste Management— o County would not require a Development Agreement or Restrictive Covenants to be registered to the title of the property. o No requirements are required on behalf of the County in regards to the D- 4 study. Development Services December 6, 2023 Report No. DS2023-087 Page 5 of 12 Page 290 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Existing Zoning Schedule 4: Applicants Site Plan Schedule 5: Proposed By-law Conclusion Planning Staff recommends that Zoning By-Law Amendment Application 2023-ZBA-14 be approved, specifically to permit construction within a building envelope, on lands with a legal description of Concession 5 Part West 1/2 Lot 11;51 R18407 Part 3 (Medonte), on the basis that the application conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, RPP, Manager, Planning Services November 28, 2023 George Vadeboncoeur, November 29, 2023 Interim Director, Development Services Development Services December 6, 2023 Report No. DS2023-087 Page 6 of 12 Page 291 of 368 7.a) DS2023-087, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 1: Location Map xw-Rd.w_ 4917 4888 Z a d C_ 11 J 4874 9 800 750 730 712 Mount St.Louis Rd.W. 751 4790 727 741 667 4797 4791 707L 47 44 4783 901 —- - 4681 4765 Location ,, 0 NO Subject Lands TonmslriP ot1OII&` Proud Heritage,Gsritigq Funur 0 loom File Number:2023-ZBA-14 41 r 1 1 1 1 I Development Services December 6, 2023 Report No. DS2023-087 Page 7 of 12 Page 292 of 368 7.a) DS2023-087, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 2: Aerial Photo •�;pdE, wldae Pd.w_ i 1 Mount St.Louis A06 Aerial /�,Tcnnnship�f Q Subject Lands Proud Heritage,Extiiiq; Fnnue 4,, 0 100 m File Number:2023-ZBA-14 I 1 1 1 I Development Services December 6, 2023 Report No. DS2023-087 Page 8 of 12 Page 293 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... Schedule 3: Existing Zoning aeex Val»Md WW I��Old eyrie Wl.[E. ye ed 1Y. A/RU Z m c J A/RU N N o/RU-96 Mount St.Louis Rd.W. 7 a A RU A/RU'*96 A/RU A/RU*96 Existing Zoning RUR2(Rural Residential Two) r� Subject Lands A/RU(Agricultural/Rural) Tin�uslripof - EP(Environmental Protection) _ I(Institutional) Proud Herimgrc,Psnthi.�Pulrve 0 130 m File Number:2023-ZBA-14 I i i i I Development Services December 6, 2023 Report No. DS2023-087 Page 9 of 12 Page 294 of 368 7.a) DS2023-087, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 4: Applicant's Site Plan �Y ll I � I � i � I � I I i Y I I 1 I 1 I �Il i f C I 1 , j ��o l 0 i , T P Y I 9 I 1 I 1 I _ If _ 3 Aep I SETBACK L Tw � Site Plan Proud Heritage,Exciting Future File Number: 2023-ZBA-14 Development Services December 6, 2023 Report No. DS2023-087 Page 10 of 12 Page 295 of 368 7.a) DS2023-087, Danielle Waters, Planner re: Zoning By-law Amendment 20... Schedule 5: Proposed By-law The Corporation of the Township Of Oro-Medonte By-Law No.2023-089 A By-law to amend the zoning provisions which apply to lands at Concession 5 Part West 1/2 Lot 11;51R18407 Part 3 (Medonte) Township of Oro-Medonte 2023-ZBA-14(Sare) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A20' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 5 Part West 1/2 Lot 11;51R18407 Part 3 (Medonte), Township of Oro-Medonte, County of Simcoe, from the Agricultural/Rural Zone Exception 96 (A/RU*96)Zone to the Agricultural/Rural Zone Exception 350 (A/RU*350)Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7.0— is hereby further amended by adding the following subsection: 7.350*350 Concession 5 Part West 1/2 Lot 11;51R18407 Part 3(Medonte) [By-law 2023-089] Notwithstanding any other provision of this By-law, all permitted uses in the Agricultural/Rural Zone within the approved building envelope shall be permitted on the lands shown by symbol *350 on the schedule to this By-law , including: a) Single detached dwelling. Notwithstanding the above, the minimum required rear yard to all buildings or structures is 10.0 metres (32.8 feet)" 3. Schedule "A" attached to By-law No. 2023-089 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 6th day of December, 2023. The Corporation of the Township of Oro-Medonte Development Services December 6, 2023 Report No. DS2023-087 Page 11 of 12 Page 296 of 368 7.a) DS2023-087, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 'A' To By-Law No. 2023-089 The Corporation of the Township of Oro-Medonte Concession 5 Part West 1/2 Lot 11;51R18407 Part 3(Medonte) Township of Oro-Medonte County of Simcoe z � d � c n - - - Mount 3t.Louis I - _ I I Lands to be rezoned from A/RU*96 to A/RU*350. This is Schedule 'A'to By-Law 2023-089 passed the 6t"day of December, 2023 The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services December 6, 2023 Report No. DS2023-087 Page 12 of 12 Page 297 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: December 6, 2023 Report No.: DS2023-099 Subject: Planning Division Activity Summary (Development Applications, Planning, GIS, and Heritage Committee Projects) September 2022 - December 2023 Type: For Information Only Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-099 be received for information purposes and posted on the Township's website. Background The purpose of this report is to provide Council with an update on Planning, GIS, and Heritage Committee projects that are underway within the Planning Division, as well as the current status of development applications that are active within the Division. The attached summary (Attachment#1) reviews the status of Applications for: Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision, and Site Plan. In addition, the report provides the following summary: 1. The number of applications received and processed for: pre-consultation, minor variance, and consent in 2019, 2020, 2021, 2022 and 2023 to-date; and, 2. The number of zoning certificates and zoning certificate revisions received and processed in 2019, 2020, 2021, 2022 and 2023 to-date. Development Services December 6, 2023 Report No. DS2023-099 Page 1 of 3 Page 298 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... The attachment also includes a list and description of some of the other Planning, GIS, and Heritage Committee projects underway in the Township. Analysis Development Applications Planning staff continue to receive new development applications for review and processing. Additionally, as required by Section E1.1 of the Township Official Plan (Complete Application), Planning staff receive and review applications for pre- consultations and coordinate meetings with proponents, Township Staff and other agencies in advance of formal planning application submissions. Financial/Legal Implications/ Risk Management N/A Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Ontario Heritage Act, R.S.O. 1990, c. 0.18 Corporate Strategic Goals Planning Staff is of the opinion that these applications are consistent with the following Strategic Goals of the Township: Prepare for Our Future • Continue to enhance the long-term sustainability and resiliency of the Township's assets and Resources Foster Safe and Inclusive Community Living & Business Growth • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans Modernize Township Services Continue to streamline processes and leverage technology to make more efficient use of staff time Consultations • Planning Division staff Development Services December 6, 2023 Report No. DS2023-099 Page 2 of 3 Page 299 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... Attachments Attachment 1: Planning Division Activity Summary (Development Application Status, Planning, GIS and Heritage Committee Projects) December 2023. Conclusion This report is intended to provide an information update for Committee and staff regarding the current status/summary of all applications received by the Planning Division and the various Planning, GIS and Heritage Committee projects underway in the Division. This report including the attachment, once received by Committee, will be posted on the Township's website to provide the public with the up-to-date activity summary. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, November 27, 2023. Approvals: Date of Approval George Vadeboncoeur, Interim Director, Development Services November 28, 2023 Development Services December 6, 2023 Report No. DS2023-099 Page 3 of 3 Page 300 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... a a� a� L � 06 �& U) C gti Y!" �a CM a N O c a) ch n o k V o cn -C 0- .Q N O i Vj C CL L U) ?� E Q o O V 016 0 V E � m O a) m V C � L (� Q O C L O Q .:r Q CO CO a) O L C O L MO M fA i > C L = � � C O � — a) � m G� -0 (D O a) •O O EC E Q N t� > = L L) } L) � O L C m a = 700 C � N QmU) .2i� � J . c ° .o � U) 0� m 4 c � a� o a n Q C � 0H a) 0 •_ m a) a) L) o L N Cm �' m �' 0 0 > 0 N M > a) U E � C +' CD a C E � � w 0 •- L- � � � - a) a, _� �C� O a� N c�i .v � L —CO .� a � o E �aEn s� � 0- 0 O LLN O Cn < < U wcn0 0 Page 301 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... 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Z E o N _ L p N > M Q O U 0 =5 L az � L) a L a E O cn c O O o U O U L y� L p 2 Q NO O O N N N O p O L N +� CO U O N EnO � �_ a) - } C [0 N U A>, U L O U O � +�+ O Q O O N O U � O C O a) Z > O — � O >j O E � E Oa� LN N E3 .L� U L .N> N }0 Ld3, OEp j _0 � ooen � Q o oo �� Q Q U))o N a p6m ai M M 1 > Z Z p N vCD Qa > E GI O � p R 4- O0 Q Q _ p N *- L � LLN O fnd- Uaaa E LLN (n0 U) v, °' aU) Page 306 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... y au11 — / \ S S aurl Juh - 4+� y- 'y auatlg E 3 N N CO N � E Ln O O U O E L O () -0 L 1 ti O 0 0 p Z C:) Y m O C E C = O L O 0 — E UQ 3 O pf� O C 4 OCY) O Q C L N C O O rn �" �. Qa .� ° nCD _ J O {OC > (6 N J O _ Q n QQcO .0 CO C O O .2 C CQZ L) � Z t)a) N OUD_ O N C Q N N (l� L � O U) O C N O O p C O i mm �U � O C C N O O D fAN O .0 CO QV m(n NU � N > NC E UN Na) O CO N � � N � C UC n N >. O O O Oa) EQ N W O O ON ;O O CD O VEz O O(Q6 L p N O O N i C N L N .L O .L O Z N O U .rC—n '=E Cr Z CV O C U N C mr'O o L �+ N Cj O � N � oo U) °' Nwa LZN � OCnCn oaWU) Page 307 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... -NT'51 I � 11I II ,, i it Li Y e• I � o � o a) �' o rn � CoU U) Q O x U O (n Ow ) a) � �•� CuO � a) C O C Q C 0 2O O a) O Q O c6 O .� C 00 � C C V - C O (6 Q CM CU U a c0 O LO O O � O Z Gc U p R 0) NU O N N O > V a) Cj) I C C CO r� O C O 4 U) U) a) p O � CO_ C -0 C � O L U QN C� H 'U) C -0LO O cn -r- •� -0 U) EE Q0 O N o 32 E m m N -0 m O � O N ) � U O N m CmO a) C O � >+� C LB E � a) C O CJ O C O O O O Q) En U "- En p) O O COC a) E O O C N U1 7 L C U) a) �_ vi C O L U C a) CO C r �= X a, a) O O N d p L C C U) — O E p O U C Q C N� vi �' Er-- C: o NM a) � �- o � Ems .° �, G � a) v � L- � O Of 0 O� O .� v) p a) v CO m — CO L) m0 � Q � Q0 u mU) _0 � Q C J U C C a) a) L O 0 '0 C d 'Z N VZ ) pCS N O a) pO -- LLNOLL, fn0- 0- (U EwU) LLN0 , (n CO U U C1wQ Page 308 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re- Planni... - — 'N-6-auil .56aun x r� N N C O p U O O O CL L � U)Cu Cu O U) -C- W M CU c 'x U CO O E n OM `~ � omm � U) O � � 'x CU o C p � o c� Q � � c CO C -C 0) O p N O C O o0 � � o pa� ca � •� J M C J z C !E "= �_ U) U O O CO U) O d J U) (D a) L inO Q L C N V) Q�+ p U) CO r T C O �— J C O p O N U U) O N 0 0 C m �y O w +� O L O -a Q atiUU U) Q C x U) �� m � Q- � Mao L' Q L L) QO O L -0N CO LO U) O O U L O N O O CU a O E ~ O U) � U) C L m C N O ""' E O O _0 - O O E In CU L a)+. +� U) p O ++ C _0 C 0- (6 C � Fu C O p CD p O vpi 0) a) F L C U)�♦ N LO E 0- C = -= L U) O E O- ^L` W 0 C O U) .C +� C O W N .— � Q ° � v � Q � � � Q ° � va, 000 � � � aa�i � mcC � � rn � mL Em � ootSc � � o � � � > N L N �_ O N L A N '� U) .�_ ZN C C\jp +�+ OLC •� ZM C U) N � `� CL � ` O ?� U) LO O � 'i O >p p C m O 0 W 0 G) ILN0i:i � aCn � iiNO > fnof O -Q ' 0 - 0- a (n Page 309 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re- Planni... j d �\ r 9 V � 4 u % a \ � o Cu rn c Cu- a� C-) C/) � o Cu O Cu o O o c N O O to m N O R a) O- O O p V Y N O ++ C J l04 m p J > O O O N ) i= a UlQ U) O i J fA U � z } C Q � C14 00 .- Q � � O DLO (6 a � � 2 CuaN L) � � U O OCu c N . N Cu a) X a) L L � C/) O Cn U) m _O O X O a) a) E `~ C yam-' U � 0)[M L O 0UN 0U aa) n o a�i tea) mo E f 0 .9 E O X 0)N O O U _ L � E c � E Q0 a)-L u 0) j (o 0 � � .� 0) Em � YtS 0-G � } Em c a� 0 c X a � E L = N 0 Cu N L m a� ,i Cu Z as O 'O a) Z cj O c O a) NO U a a� N O N (n (U O LLNOWfnH a LLNO = (n0� [if O O = cn -a Page 310 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re- Planni... d T, s e 0 o a U) oUm C O _ O M U O O CO m N U O O � � CD \ CD- N O o a aQO o mo a a,� zo ai O = CD0 0 C = CDU OM C: O 0 (0 u —C=) � C R � C7 "' Q i N �, i O u CO }, L L J � M LL v M CO J a) Co _ O N LO _ X V N � 0 +��+ � L O � a � r � o Lam Cm o � O •v � Q o � O = c ¢ z � CO c6 = U) 0 L O O L (6 L U U O O A, L � �L O CO U E E V •U Q L Q O Q ^' W W O •� AA,, C♦ W^ W �' M a �O Q L C Q W W o L Q+� Q Q Q A♦ Q W •U Q Q W O Q Q- O� N .WC E CO a " >1 m !� +- QOL La o Z m N CU rn � � CV) Z HM O U O O N QL LN d O Q_ LL N o a cn [ifa U . w z LL N O LL V) 0� Page 311 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... =NEE-Laaui�� N-ZL-aui1_ O _O O N U � C O � L � � O Z J N C N a) ++ i J fA 0 Q Qa� C) Z n L U WW♦ L L U U O U) 0_ L c E oL o O O N ._ i E E c CD U d Q ° C: Em mas = N J N .� Z c; CD O N O Np 0 N 0 O LL N O N 0 a Z Page 312 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... 4 Gi <er5 �,d G 0 L C C C } a) O C: ate) C c� o NC CO L) (�6 E V a) a) L � C Q a) a) Cn > — O U C C (n L p -0 C O O '7 of Q o U ai a� m COL n � U c �ci LM LO —m E c4) + a O O n U) mO > J L CD Q0 0 ) c 06 C !a c _ m En Lq O (6 dJ mU Q N � O O L v) m _ H N Q._ 2 a) •- C >. E -0 CO L) C aa- - L) 2 > a) C � O o o � a) CE EnO C C C fn U C Q O a) � g V a) "- a) o 0 C U)ca O M L- L n mC) O C U) a g O = -C �> o ._ �N> E c - o N O vOi - C a) D > a) c C) CNN O o ) U O p NLLN6E a) O O m n N > E Q a O m U) 00E �'Z �' a) CO E C � L +� Q . d 0 p � m V m U d 0 0 p C O M � V M C = C � O �° U t� � cn � acn � � � �° mt� m � � � a � •o - o O Ern � � 06 � � � � � Ern C06 - •> N 0 '0 D CZ CY) a voi N '� voi Z c M a E m a) O L O .� O .� O c�COCn s0 � CO U)) — M 3 0 U 2 - L d L — M 3 L �, CO O a) U) � L U) ONQfnf� m � w m E � � Om � N cU c) w < U) 0- m Page 313 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... Vn Z m� jJy cr. r a, a��Yo 0 oo C" C o o Cu a o Q O O � m C (n X C 06 N It x V � N o 0 ON C �, ON _U N c 0.6 D O U R CO � i fn N J 0 C a) O J +r U C O L �- O O R > 0 0 R O _ N J N J O U) > U) 0 O O U O LL O L O Q L L Q 'L L [6 O as L) C m aa = � � � > z QO m (1) m N J L C'7 N N O N � N C OE N � O U) L - CO C) +� C > `~ Q p U) O U — fn >' } C C E p O O U CD Q o a) U) u M J +N+ U) — U "- 4.1 C N p It >+ C — O C U) O L C u1 N n 6 O C w EV�O D O E � 6 V ~ a) E (6 O C > O C) RCD C O U) rnO a � o -0O oE � rnr- U) U � x Z p :t � a) a)O M CD U)C 0 NT L C:) S Q 04 Q O O 6 R 7 J C LL O2of fN 0- = < N LL N OON00 Q OCCU Page 314 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re- Planni... LLi J �G,yo �40 `�o v '0 LO •Jig 6 � .; 3 -V m U O O � O N N (A O U N •L Cu > � O C Q O O J N -0 N — C + C 0 0 O LO L Cu O m O .D (6 O C U O O In C D L Q o 00 O O C1 O V U O C OZ Cu J � N J O FL .L O O ` O Q U M LO O O O •O O O .0 Cu O OU � [� aCO � � � CN Qa_ u -) a) NCOo d- i U O E U C) O O > O O N > N O L O O U) O O N CO Q O O Q O U) U �_ O O _ L � Q - N O C �O LL a) O 0) U) O n♦ U) L- U 0 0 Y U 0) O 1L 1 .� L E:o L "= 0 CO L N > -0 •c O � O y U) -0 � 0 0 0) }U U O Q O N U O fn O U O C C 'V O OD O O C O a) O O C E O O O + O L E — (a 0 0 i O p 0 � (6 U O C L O O O � tiOoOQ U � �� c E a) � L � � L - �n N L n nrnU - N ' - Q .L E S� o Q — n � s n ) �oo aC: Or)LLLNNOU JQ (ua < LLN ON (n , 4Qm Page 315 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... r 4� u O O LO O N Q U00 7T) 0 4) c N 0 o � U U) CMo V- Cu o 0 c O U o CO E `. v `� C V O CD . O O ++ D_ N O ++ � > J L C O +� E J O C a O U! Cu O 4) N J m N _O mo L U1 O U C O O i C L O m O 0 0 U CO O O U U a � U) as � � 70 U D U U � C L COfn L (.') m O N O O N O 4) O 4) O L C70 N U O N 0 U O� LL N a) U O� L`L ` O O �O O IL N O W U) Cu U Cu N CuCED 73 N O C LO E CO a y= N U E O OO C "= OC L- CO v C O O m ° O � = Q .0 N O c = QO OL E � od 0- 0) n� !� jW � N � Ul fn L .= Z cD O N 4) Z Q 4) LLN 0 Ir— U U) D wQ CO LLNN OU) U') N wQm Page 316 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... a) W C> ®� �� 3 s '✓ .5.j aui� o 0 0 CU C U) U) m U C � O O O O O 0 U L U) 0 0 o C U U Cu 00 Cu 0) m J C O C > 0 O [5 O O O G O p ++ _ 0 C (q r :3 C N!V3 L _ ti Q C 0 E C m M V � FJ � a J O C C C> z > : � N Cu Q N C 0_a) 0 ^ > E t i J fA > y' Q 0 c 0 0 r 0 0 Q O U O L Q 0_ J _ u L6 In U Q Lf� L) C m CO O U > O O O N LO S2 L- C^ U > 0 O O C O CuO � C � C C U) � 0 O U C 00 L 6 U) O : -0 O C O CO O " U � Lf 1 O J N � CO J N U Lf) O U >+ C 70 V Q O U1 O �L O� m O NO N O CU O UNCu E Cu Om (6 m ,y p v 0 o en 0 N^ co 0_ � cn0 � � �, > P' ,� EC = cn � ocn �np � � oM ZN N � � O 5 = -0 ZN O Q = �� m2 a) v c L � � � aN � � � QD o 0 � a > LLN 02 (nU) Da < m LLN 0 � � (n - C � N Page 317 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... pan..'IGR. U) _ O U C O .� O i C (6 Cu � fn C > C C U) N O 0 a) 0 0 � 06 0 o n � o o C6 o U �M _ o Q •= o Q N a C L J C a) O � � O N (6 >, � .0 O U 0 0 Oa00 U n O In •V � LLo U U p +-' Q- L i Q Cu N O � L � m Cu ro S oo o0 O +� C 0 L O O a C � U N p + _ C �I m _j (6 CC � � ti N v C a Oa o OL J O O C C a) N a) y= N Cu N J .� c a) C C C O to = -C C L c6 0CD _0 ON � o � CO � � No Q� i jLf) (1 > a) � Up QN -0 � O � � -a U � O C ._ O C O Q U L) — o 0 > O Q W > J V — a) U '� m C � � � � O � U Q i > O (� O O a Q _ co 0 � Q Q N o 0 i a. n - O Q L C Cu Q 4- In L- cD 0 U) r -C O W C i O a ,� LO, O N O >j L e CO C C N a) �n O O N O O -0 o O mo 0 m .� <n L p L > Q) N 0 a) L L CO Cu mo a) Q � " Ec COS U- � CD L � OCD m (n O a) Q En (6 m C -0 C C CO J > a) CO C 0 �, a) C O L Cu J � a) a) O_ O O i� O C N C U fn a) >+ O a) U 'L L > O C6 a) L .— a) C C O ) O ao>i :N c a�i � � E cQ o Y n ins p E O a � MCA +, v � � C:) > o N � � O o a� O U U o 0 o 6 Q C � 00 4- o U Q � C 00 FL 4- C E L E p _ � od o o U) o c 9 c6 Q c6 � C cn rn C c6 N ,� L C a z Cn 9 L fn N a ?� ?� >O >j L U > Z � c N Q} NO O O $ � Q Cu o m I Qa� L s n � — om 3 O m C a� � L iiNN OW in0M00< (1) aa)) WQ � � NNO2 cAaEo — owOp Page 318 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... `N 6L auil tU` LU LU 4 N � T ( � Cu C LO >U) N Q O O � U C C U C O C C > Cup E U) Cup E O Q U O7 O Q [0 C-6 U E C C U E a Ln Cu N O c CuN O C C C N C O U N O C a) Cu O Cu Cu O O O +. [6 CO a) C > O ++ C a) C > J `G C a CO J O C O CO N O � N J +�+ En O to > S V N C S V i U p N O7 7 L- (A i O N (A J Q L �O O a (n CU L a � CU LL n O `ua Cu � U0 L) cn � "=a � C a) V O m V O O 0 O CU C O CUCu C Q Fu Cu i Q Cu > � C N F70 -0 a) O O O O O O � C O Cu� � CU [0 E O 3: •9 � FL O 3j .0 Cu C: 0U C En U) Cm N C L S: O a) Cm, O0)" O C NC" J 0) O O O C C O_ O O_ B C ANO E L E U ,O o)•— Cca .y� co Cu �CD o Q CO ) L vJ W U) O L_ VNJ 5 C vJ L W .S L_ N CD w CU LLN OCn G40- w W rn00 LLN O (n w W rn00 Page 319 of 368 7.b) DS2023-099, Andy KBraiSkak S, Manager Planning Services re- Planni \ f � � 2 � ■ Ut @ ¥uR . » .� . . ,- \ mm,> w9emT .\§aum \ \ » n � C 2 � .� 7 � 0 o f -C o E o % -0 k \ 2 O § $ C ] § » 2 � 2 / 2 \ \ § % E :v k q U 2 2 R � 0 2 % 2 £ f \ 2 MO E M -00 m E 5 0 E 0 S 2 E - / 2 k \.2 _ _ E mU n ? 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LL OC�I O U) (1) U) Page 321 of 368 7.b) DS2023-099, Andy KBraiSkak S, Manager Planning Services re- Planni , � \sk, § H .�. a � . - � . \ / L) 2 0 kE = ¢ d 2 & E - Cq 2 I g g 2 2 n 3 �\ E — ? C14 �Ce o = EC q 7 n e E 3 = o= 0 E a 2 \ 20 0 E / ) N ne q � 2 0 k .0 % � � % ƒ / � 03 Q � � q o q E g « � = 2 § n � 2 % R 2 g S E E U) k \ ° 0 2@ o_ 2 .> 2 @ m ■ _ e C 2 c ƒ a o 2 � § 2 �/ 0 � � ? c o a)L) « q Uw / 22 22 ? V � 0 2 o E = 2e - o \ � ) cE CD b .2 06 n 2 .g / q § q m � � o -0 oI':'E O � �� 0 k d 9 = 2 N $ � � p _� � � � q E gE : » q E ° k q ƒ E q� 2 § 0 � § � a) U � § ƒ) > c 2 c E E o o� Eqq ¥ C ON § 0 9 > 0 k m 2 = U 2no « ¢ m 0 Q e20 « _ E £ � 2 / 2 'S E CO e — ± 0 -0 2 A m e m ._ @ A N o ■ 9_e = E 2 q � ) k& E _ r 2 q q k / q o 2 0 2 E R = q o q ■ E ._ LL g 9 O w 2 a" ƒ § � w 3 q g O 3 � ' § k / J Page 322 0 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... `Q y =N1 \ w �5 H;c3nJ � a � 3 o LO �N� V a� C L� � a)^` L O >l C O O a) — O L Cn � N � N O N a) CO 0 O p p CO Ln r 3 +� 6 N O CO 06 <� � rn O CO O LOmCD � � 01 O CO n O C: U � CD C0 m Q O � U c� U O CO N O L Lf� M M �' C a) L 00 N N O_ � CON p L O N CO a) O O (� } N 0 0 a) 70 -0 -0 -0 O > Cu O p O � Cm � � UN _qofofofof S2 CO UN +' p 0 C O N O >% O •� O O O >_ a) o O R CD "— a) L O C O O N L oz �CY) �. m L m � ca o' m m m a >, m � J aMi O v a) �_ a) O p > = U) 0= f�11 R O U O L J C w C O N O 4+ U _ "- c6 O C O cod O O O J Z O N a) Q O N a) C C C L �' C L p a a) Q M � Z c� > CO ` C) O o O 0 O Ca a � � aa = � U - ooQ 'Q� > CO 0) � � s= CO� L '� � � CO M Lin O � m •C Q. � a) C p ` L O> O L CO -0 L Q M Q CO U O a) fn "- O O p O Q W : m O Q c L .� O c En C m � m Of .X O a) O cII N U a) O U C a) a) a �j > C �O .s-0 > L a) Cm 00 N a) p 0) O "-' U C 0 0 C E N O Q CD p Cu O Q L O m � G � _ cO O m pp Q ' Q o � L CO '° o t) � OL Q c a� •tn L ^� �D C L L 0 a) c� V J L L L N L_ � LL vl� L CL O O L _ Z NC14 O E > C > O 0 Z N Cm CL) C6 .O N Er m CrL O V V (] L LLN OU 0LL0 OZ w 0 0 iLN 0Urn12 E 0Nw Page 323 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... 1 % C � o a Cu U_ L Q O Q Q J U)U) C C Q Y _0 U) L— L O U) Q It O O L O Q N Z Ln z U Y O O C O N C C:) w O O R �' L O O C C1 O C In v (� O O C O cNn 4• O m y- O ++ C U L ( C N O L E N m O L- N U U) -0 N a) X � v1 = U O� O Q c6 O +J a) m N m t C � L N ' C C (6 O � O QZ � C.) 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T T i O + O z (6 C p p i = _V O Q' 0- U) p (6 Q- Q- Q p " p p O N U p U c N 0)� _0 0) E - _0 0) C: O p p O w p N C p O L n. > p a) �O L U p Q) L p > p C O U) m !3 CO !B O O O U p p V O a) p p JL Cw [� J � Cw E ~ a) N �_ p N !3 E E U (n = O O Q � p N O O O O O i N i C E U i LL N p U O N a� L- } C: Q MM o aa) � � p � (0 o CU � aCO moo_ � p � � a � Of a) c 0 > c m � N O C O O J cn U E In In Q O U O a) En 0 �O _0 = fn > L V) m Aa) +J W U U +� E p Q U O a) C p � _ m p Q O Q O > C U_ Q U a) _ a) Q_ w COU) d1 - L N Q >+ p C a CD o =�2V LL m� 70•0 Ec OCn E 0 .U�U2 L�a)+ p N � -p � E �oL .O � 000 0m0o � aL 0- O c Qp L- E c CO Q E C � E C0 -006 — o v) C/) m Z4 oOcnUE Z � •U mUg = ty Q U a) OL C M > > O a) a) o oQ Q O IiN ow � v � U a ULN 000 (Dn owaz QM Page 325 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... c aySV`� z\ c C.) a L y� z U C O CD C Q U O Q cD O m O = O N ON i to V >, > O V O COo L u) O O a� J C 0L 0 0 J c U) a O_ `~ _ L m U) 0) = O �>> L 4) = C U U CU = 3 O C C -0 CO C _ E O_ O O � -0 LO O o rn a � U 2 � 0 a � � (D Q U O_ } E L 0 O (U N Cm C O C) � O N Q O U)0) 0 C C y (U � U N 0_ U (U H ) C/) (n O C O O -0 (U O C C N O U C O O O O E > •— O O L MO CO U O_ O_ 00 O O_ u O_ O_ OL.O O Ea W. � U � OL U1 L C 3 U) CO L C U1 9 .L Z CU 0 0 — '� O C O Z O CU O O a L O LLN OYcn [if MU) cU6 U- NN 0 0 W, Cn uUiw [if Page 326 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... V T d V��e oy WO rn O O > N O O LO •U L L L O 0 U O�� U ti c L c Cu0 0 N i L U O O O u Z O v z 2 cV O • J ~ C C J C � 0 N O O M 0 O C a) J M L OC _ 5 O O L � t C L L � N .Cm 0 N -0 LON - O d� q Cu > U � C: Cu a 0 C: o C/) QOj a) O 0)N L + 70 a) Qa a) Cu Q O C O Cu O O L a C: /9 U _ 0 0 0 C: L C 0 mo)j2a � m � � � cm Ec � � �, E � 00 o L � LA E O � V y L U E 0- 0) a) u O Ea C 06 CL Ea � � 06 C ( CO Z D 3 C = a) Z 41 O = t4 � 4 � N O H (AH O LL UWZ LLNOWcncn � (6wz Page 327 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... v`ne :N O Q O L CC i E c O :3 O O -0 U 0- >+ mo O O N 00 N O O O N � O O � C 0 ) � � u U) O N C � O (n a..l Oa :3 O 0 , -W Q L' OC L NO a--� ..O , Q W C 0 O _ O CO U) O _ O mo Q _ (D U U _ i J U) O .Q i J U) 0) O N O O Q � C� oO QNC�CO Cu U) L) O L C O 1 L C: ' Q Q U) U) O O N O C/) OL v) U L O COO O O Q Q O V �U) U) O o CQ� En ui Cm 41 O U O +� N O 2 .0 0 � N W a) O v c ' O - O_ O 0 0- O N V O 0 0 0 (n 0 0 Q+� �° L) a - N a o %- Ea c 06 C � -0 0 Q c � C � � O � � L O O O a a) CC) O N +' O_ Q O O } C .- d p N Q d C LLN0 (n (7) 0LL Cn LLNOLL (n < < � Q Page 328 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... gN9 y `7 f L � > N U) F L U) 70 CO � C C o o O Cu (1) 0 -0 CO � z O_ O_ Cu a) Q U_ O � O- f a)o mU o� m �� o O L U) O O O a) M U) u O O J } u U L L U J C c C >' :3 J 0 C c O' CO O o O O a) L — U m O O 4) N 2 Qa = O W a)70 O 0 0 N � OU Cm Q _0 N > > — ( a) 0 N U) C D_ O C O O CO J C S U O Cu CO C3� O O U Q O -0 O O O UJ > O Q N V 0 "- p Q a V a) CO O O _ S N O Q 0 a) O O N O N a) O a) L 0- a) 0 ON O -0 > Cm : U (n N _ N Z Eon � � — � Q � a) E N so rn �, m n-0 . L um 0 0 LL- w N � rn -0 Cu 0 C C p U a) 00 0 � O C L O 0 -0 0 OCu U U J • • •> > > O • MM Cu L � 0-V OL lQ ) CO O u OO pCQ o U D (n L CON L L_ U) C5 (n L N Ch .Lm m m 0 > L M CIO a � C a a) m 0 a) O_ O_ > O_ c O LD �+ O_ O Cu W — CO — p p �+ L > O_ O O- 0 a) O LLNONf!) QH � � LL rn LLN 0 (n � .� Q � Q � .- W Z Page 329 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... O � C � Y O � 0 N N N ti N C: 0 U C:) CD N U) a c� C � � Ln L (6 O O m L C N m C Q 0 Ob N V O O !4 � O U1 CO +�.' 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O Srd:2 _ — Med°�` d� � S tp aui-I � •N-Z-�=aui� C � N O O O O � L O O � •p O O_ C L � O_ > U a) > W _O E C •� O N U C C C U— N O U — U O U Q j O -0 m C C CO V Q U N v 0 p L U O �+ C - O L (� Q C Q O O O O 0 Q� O O C 'C X O aC=) � N aNL) 0)C/) E a) EA, L ��♦♦ d � « W .L Q N O_ (6 C L.L O C U O �.— L C �' U' = (2)< wadi > O E O � N C -a o oCOo CmU Lm m � m " � � 0- M C � C o .� r- ai o a c� C C- aQ ON y =� Q� La� a CC) O OE UOC14 O M 0 -r- V > p 0 ' " � aO o -r E0 w E S- C: N od OLEwa P1 L � J w m O U C Z U U � L a) C\I QU U O a) N OU N OD m p m 0Uo L u_ N0LL0 < O_.E -r- aZ u_ NO Q m a D < Page 331 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re- Planni... 'N 9 auil A 0 s N - ,N js - - _ > O T) 0 L L Cu -a U (j U) > 0_ O C U a) > a) J O U) CN a) ) 0_ p [� 0 -0 -a U) C O � L C O 0 U O U O O mOf L- C O CD m ao Q a) L L } U O � �+ O C U) O jam () QC —Joao a) J C C }, .0 U) L � U a) inj2 � U O � � m E °��' c� v�i � o0) jai �' N 'a 0 m _0 0 C 0- aa)) atiucn a � LY Cu ��, E O C O U) 0 a) O L U 0 0 LL O .L -r- a 0) � � � � m � :L) a, Cu U) C C O m Y CO 11 L O C: O C: O a) L V J 0 O C a) c 0 C0 a) m O C S C OO O O C O > C Q E O 00 E C 0 O C O Np EU Cu4. M NN U) E 0 > } c: O OU � a �0 o L) -- 0a � � a ° � � E � � aO � Em E o -r- •o � n Ea m �c E 'O o 0 ) L U) U) L ,� M O m vJ L O w L6 O L U E ZN C 0 � '- zN a) = 0 u) L) a) LS C > +-' C Q O O 3 O O C O � O > � OL C-� a) Q 0) LLNOHfnHDa (n LLNOCOCn0- 0- Q m w D < Page 332 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... •N-Vaud.. S L-aui7 LI L T T c� d O C. m Z Sbaurl � o L CO ^L` U L C � U _a) X (n CO a) �O L C7 o O C a) R O j CJ � 1 •L � a) � a) V O L ++ a) :3Q 0- 0-Q- O J m C � U N Q CD .— a) a) L > N O a) Q _U CO + a) CI C m — C — � O O U U) C E L Q a O o .+ i C C 0).� U J 0 C " O a) � (6 C U- o L n C, cC i C d O O o E > CO CO a) L z Vl ' En o m o U� E U) m ti O -lC 0- N C QNL) U) U 0 O m O U H m EN L oar E 0) N C m N a En a o � o 0 0 � o a� � � CI o > a� o rn Q Ea � � E � -0ca a) O a) E � O m O (n L W L 1-_• (6 O U U) i C) Q •� O Z CV d N O S'L U (� •� a) w O Q C C a) Z N C 2 Q ° m cv ° o o U � 0 s o L i NOCK) � v� 0 D LLN0 -0 w < m � 0Q Page 333 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni...4as N r'�S uaant} 1 �. 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Q � � a U ) U fu C 0 C Page 345 of 368 7.b) DS2023-099, Andy Karaiskakis, Manager, Planning Services re: Planni... a) m 0 N m o -0 0 c6 "- ui E —CO N a) �♦ Q] ^` M CD u) r2 O (6 �' B O O L O W V O W O (� �--z �..� O O O U) Q) O N CO � O L N C 0 >, A Q- CO N �♦ CO 0 O W W Q) Q m — U o U > a) U 0 _ C 0 c) a) Q- >,U L c 0 CO L a) m rn rn c� 0 •3 Y < 0 U) U) In a0i a) �_ .L o m d N Q Y O L O �'� � O N 4) 0 = cn O a) 0 0 0 a) L L E ' 0 m IL -'.Id �� 0 0 0 0 L O 0 a L 0 — CE rn w w C� }^' 0 Q (� L� U O C L O L L O C •�✓ •L L O L O a) O 0 a) a) O O L m m ca a) 0 a) 0 0 m m v) H rn .� caO 0H UQH 0 w m Eno 0— E U) N n L 0 0 0 a) 0 0 a) a L � +^�` �` , Q` O J W Q �--� W W Q) a) O O- a) O 0 L 6 O COO cu m _� C L O L L j U a) a) a+ Cu as m a) O o C as a� as N Cm E a) m E c CO 9) ?: c V E ~ U a)i Z L : 0 m 0o Cm d 0 E n a) 0 m no 2 a cn -0 U —1 0- Page 346 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: December 6, 2023 Report No.: DS2023-098 Subject: Consent Application 2023-B-02, Sherry & Donald Hubbert, 404 Ridge Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-098 be received and adopted. 2. That Consent Application 2023-B-02 by Sherry & Donald Hubbert, to permit a boundary adjustment having a lot frontage of approximately 65.0 metres (213.3 feet), a lot depth of approximately 152.0 metres (498.7 feet) and an area of approximately 1.0 hectares (2.5 acres) to be added to the property located at 400 Ridge Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-098. 3. The conditions are as follows: a) That the portion of the lands to be severed that are currently zoned Agricultural/Rural (A/RU) be rezoned to the Rural Residential Two (RUR2) Zone to the satisfaction of the Township of Oro-Medonte. b) That the severed lands with an area of approximately 1.0 hectares (2.5 acres) and approximately 65.0 metres (213.3 feet) of frontage on Ridge Road East be merged in title with the abutting property to the east, described as Concession 9 Part Lot 24 Reference Plan 51 R19792 Part 1 (Oro), and that the provisions of Sections 50(3) and 50(5) of the Planning Development Services December 6, 2023 Report No. DS2023-098 Page 1 of 22 Page 347 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. c) That the Applicant transfer to The Corporation of the County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a 2.25 metre road widening along the entire frontage of the severed lands and benefitting lands (400 Ridge Road East) adjacent to Ridge Road East to the County. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the County, together with his/her opinion letter stating that upon registration of the Transfer, the County will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 2.25 metre widening with Ridge Road East as one Property Identifier Number to the satisfaction of the County. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. g) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services December 6, 2023 Report No. DS2023-098 Page 2 of 22 Page 348 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Background The subject lands have a total lot area of approximately 55.4 hectares (136.81 acres) according to our MPAC records and are located on the northeast corner of Line 8 South and Ridge Road East. The subject lands support a single detached dwelling and several agricultural buildings. Surrounding land uses consist mostly of agricultural uses and Burl's Creek event lands are located to the north of the subject lands (refer to Schedules 1 and 2). The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Lands to be Severed Lands to be Total Merged lands from Retained (400 Ridge Road 404 Ridge Road East (404 Ridge Road East) and Added to 400 East) Ridge Road East Frontage: Approximately 65.0 m Approximately 670.0 Approximately 119.2 m 213.3 ft. m 2,198.2 ft. 391.1 ft. Depth: Approximately 152.0 m Irregular Irregular 498.7 ft. Area: Approximately 1.0 ha Approximately 54.4 ha Approximately 1.8 ha 2.5 ac. 134.31 ac. 4.38 ac. Use: Agricultural Agricultural Residential No new lots are proposed as a result of the boundary adjustment/lot addition. Consent Application 2023-B-02 went to Development Services Committee on April 5, 2023 and was deferred to provide the applicants the opportunity to address Township Planning Staff comments. Planning Staff recommended that the applicants retain qualified professionals to complete and submit an Agricultural Assessment and a Planning Justification Report, to the satisfaction of County and Township Planning Staff, to assess the quality of the soils for agricultural production, evaluate the potential impact of the boundary adjustment on the lands to be severed and the farming viability of the remaining agricultural field at the intersection of Line 8 South and Ridge Road East, and to reconcile the conclusions of the Agricultural Assessment against applicable planning policies. The applicant submitted a soil test report and a soil reference letter that indicated that the field has an above average occurrence of stones and that the condition of the soil is very poor making it not practical for modern day farming activities. Analysis Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 —Agriculture are applicable Development Services December 6, 2023 Report No. DS2023-098 Page 3 of 22 Page 349 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). The applicant submitted a soil test report and a soil reference letter that indicated that: "The field has an above average occurrence of stones as such it is very much a gravel type soil, with a large section of the field on a very steep gravel knoll. Though it is actively farmed, I would suggest that the condition of the soil is very poor making it not practical for modern day farming activities. In conjunction with poor soil health indicators based on the crop's performance and physical inspection of the soil I would deem this soil to be less productive than its neighboring fields". Based on the above, Planning Staff are satisfied that this application can be classified as a minor boundary adjustment as it is not anticipated to negatively impact the viability of the retained farmland due to the poor quality of the soil on the lands to be severed and merged. Furthermore, the merged lands would remain a residential lot as the proposed lot size is not large enough to accommodate any agricultural uses. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the watercourse (Burls Creek), floodplain and woodland as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas and Section 4.2.6 —Agricultural System are applicable to this application. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting agricultural lands for long-term agricultural use. Specifically, Section 4.2.6.2 states that "Prime agricultural areas, including specialty crop areas, will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture" (p. 46). Section 4.2.6.3 states: "Where agricultural uses and non-agricultural uses interface outside of settlement areas, land use compatibility will be achieved by avoiding or where avoidance is not possible, minimizing and mitigating adverse impacts on the Agricultural System. Where mitigation is required, measures should be incorporated as part of the non-agricultural uses, as appropriate, within the area being developed. Where appropriate, this should be based on an agricultural impact assessment" (p.46). The applicants retained an agronomist who prepared a soil test report and a soil reference letter which was reviewed by Township and County Planning Staff. The Development Services December 6, 2023 Report No. DS2023-098 Page 4 of 22 Page 350 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... purpose of the report was to assess the quality of the soil for agricultural production. The agronomist concluded that although the field is actively farmed, the condition of the soil is very poor making it not practical for modern day farming activities. Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas and Agricultural System policies in the Growth Plan as the proposed boundary adjustments does not represent "development" as defined by the Growth Plan and it is not anticipated to negatively impact the viability of the retained farmland due to the poor quality of the soil on the lands to be severed and merged. The subject lands contain a watercourse (Burls Creek), floodplain and woodland; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The LSPP does not contain specific policies relating to boundary adjustments. The Lake Simcoe Region Conservation Authority (LSRCA) reviewed the application from a natural hazards and watershed management perspective, and indicated that the application is consistent with the natural hazards policies of the Provincial Policy Statement. They confirmed that they have no objection to the proposed consent to facilitate a boundary adjustment/lot addition. The LSRCA's full comments are included as Schedule 7 to this report. County of Simcoe Official Plan The subject lands and the benefitting lands are designated `Agricultural' in the County of Simcoe Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 145). Development Services December 6, 2023 Report No. DS2023-098 Page 5 of 22 Page 351 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Section 3.6 Agricultural seeks to protect the prime agricultural lands for long-term agricultural use. Specifically Section 3.6.12 addresses non-agricultural uses in prime agricultural areas and states: "Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and existing land uses are to be mitigated to the extent feasible" (p. 40). As described in the sections above, Planning Staff are satisfied that the proposed boundary adjustment is considered minor as the condition of the soil is very poor making it not practical for modern day farming activities. As a result, the proposed boundary adjustment is not anticipated to negatively impact the viability of the retained farmland. On this basis, Planning Staff is of the opinion that the application generally conforms to the County of Simcoe's Official Plan. The County Planning and County Transportation and Engineering comments are attached as Schedules 8 and 9 to this report. The County Transportation and Engineering Department has requested that the applicant transfer a road widening along the entire frontage of the severed lands and 400 Ridge Road East, adjacent to County Road 20 (Ridge Road East) as a condition of approval. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP receives final approval by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural with a small portion of Environmental Protection Two in the Township's existing Official Plan (1997), see Schedule 4. In the Township's Adopted Official Plan, the subject lands are entirely designated Agricultural, see Schedule 5. The objectives of the Agricultural designation, as set out in the existing Official Plan, are: • To maintain and preserve the agricultural resource base of the Township. • To protect land suitable for agricultural production from development and land uses unrelated to agriculture. • To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. • To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Development Services December 6, 2023 Report No. DS2023-098 Page 6 of 22 Page 352 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... The Agricultural section contains policies related to the creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "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. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected" (p. 230). Based on the agronomist's assessment of the field indicating that it has poor quality soil, Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the Agricultural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the retained agricultural parcel. Based on the above, Planning Staff are of the opinion that this application conforms to the Township of Oro-Medonte Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended, and the benefitting lands are currently zoned Rural Residential Two (RUR2) (refer to Schedule 6). The Environmental Protection Zone serves as a buffer around a watercourse that runs through the south end of the property. It is recommended that the applicants be required to apply for and obtain a Zoning By- law Amendment to rezone the portion of the lands to be severed that are currently zoned Agricultural/Rural (A/RU) to the Rural Residential Two (RUR2) zone. In the absence of such a Zoning By-law Amendment, the RUR2 and A/RU zone boundary has the potential to complicate setback requirements depending on where someone might want to build a building or other structures in the future. Also, leaving the A/RU zone in place could create the false impression that there is permission for an agricultural building or agricultural use; however, the merged lands would not be large enough to permit an agricultural use as it requires a minimum lot size of 2 hectares (4.9 acres). Table B1 of the Township's Zoning By-law requires a minimum lot size of 0.4 hectares (0.98 acres) and a minimum frontage of 45 metres (147.6 feet) for a lot in the Rural Residential Two (RUR2) Zone. The lot configurations that would result from this Development Services December 6, 2023 Report No. DS2023-098 Page 7 of 22 Page 353 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... application, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meet the requirements of the Planning Act and that no plan of subdivision is required. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Development Engineering — No objection. Development Services December 6, 2023 Report No. DS2023-098 Page 8 of 22 Page 354 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority— See Schedule 7. • County of Simcoe — Transportation and Engineering Comments — See Schedule 8. • County of Simcoe — Planning Comments — See Schedule 9. Attachments Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Township Official Plan — Land Use Schedule 5: Township Adopted Official Plan — Land Use Schedule 6: Existing Zoning Schedule 7: Lake Simcoe Region Conservation Authority Comments dated March 21, 2023. Schedule 8: County of Simcoe Transportation and Engineering Comments dated March 30, 2023. Schedule 9: County of Simcoe Planning Comments dated April 3, 2023. Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-02 for the purpose of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, November 28, 2023. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services November 29, 2023 George Vadeboncoeur, RPP, Interim Director, Development Services November 29, 2023 Development Services December 6, 2023 Report No. DS2023-098 Page 9 of 22 Page 355 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 1: Location Map —vs��Re — 250 LH,I-h- � 265 1 234. 303 315 3M of 329 N J449 354 335 744 404 646 —_ r521 628 634 _ 504 N 270d�R1d9e B IC 591 J 597 551 465 375 625 641 653 193 672 691 185 682 L 177 698 703 169 712 714 721 R 837 H 161 42 54 66 78 90 130 142 156 172 188 202 216 234 246 262 T276211 736 153 1 1 744 Imullu -BIVd. 301 758 131 23 39 51 73 85 99 129 163 10 11 257 285 315 760 113 145 175 245 275 764 763 Location '-,, ® Subject Lands T, hi- f Proud Heritage,Exciting Future 0 loom File Number:2023-B-02 41' Development Services December 6, 2023 Report No. DS2023-098 Page 10 of 22 Page 356 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re- Consent Applica... Schedule 2: Aerial Photo -M....t...Ad 259 234 H--h—V.11,-Rd. 330 ti0.idge.�0.oad . 329 - 335 fA co is w 404 646 504 . .e, ... zao 2E g1d9eRd 0 1� 4 400 591 597 *' 365 .5 " 185 682 O �� 177 sss 837 � 169 712 161 42 54 66 78 90 114 430 142 1b6 172 188 202 216 234 246 262 276 290 f7�26 Aerial Photo loumship o� Q Subject Lands � Proud Heritage,Exciting Future 0 100 M File Number:2023-B-02 N I I I I Development Services December 6, 2023 Report No. DS2023-098 Page 11 of 22 Page 357 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 3: Proposed Boundary Adjustment e �;a9e ?,, � .- 0M 56T) 13oM �1 Duy / Hoo Ocr� rie�o�'�e i t-O+ Proposed Boundary Adjustment Proud Heritage,fixciting Futurr, File Number:2023-B-02 Development Services December 6, 2023 Report No. DS2023-098 Page 12 of 22 Page 358 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 4: Township Official Plan — Land Use —VaseyRd.- -Moonstone Rd. HorseshceValleyRd-{ Old•RarrieRd�' See Section C1.4.6 �R'idge�Road, q*- d J See Section C1.4.7 See Section 00 C1.4.7 777 c J I �s�tid9e Ftd�. y c J Township Official Plan - Land Use OEnvironmental Protection Two CJ Subject Lands Rural Agricultural 4 Shoreline Township of Environmental Protection One -Eighth Line Special Policy Area N Proud Heritage,Exciting Future 0 300 M File Number:2023-13-02 I I I I Development Services December 6, 2023 Report No. DS2023-098 Page 13 of 22 Page 359 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 5: Township Adopted Official Plan — Land Use —Vasty.Rd� _Moo,iston Rd.� HorsaslioeValltyRtl� i Oldei,i.Rd-� '�Ritlgi.�a 0 h� J Etd9e 20�- i' FT-11T C I� F Township Adopted Official Plan (2022) - Land Use C'J Subject Lands Agricultural M Greenlands Township of E7 Rural Shoreline Proud Heritage,Exciting Future Eighth Line Special Policy Area 0 300 m File Number:2023-B-02 Development Services December 6, 2023 Report No. DS2023-098 Page 14 of 22 Page 360 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re- Consent Applica... Schedule 6: Existing Zoning —vs.v.Ra:-1 'AOR2�� / w 3 H.,sesnoe.MI,-Rd. A/RU-306 A J RU a Old.e_irie.0.d� K 7 � v � � Rid ao>a a e EP-309 RU R2 I U) Qi d EP-309 EP-309 A/RU-307 J FAIRU-308. N A/RU Ey a C J A/RU i 7 y �� G EP I R d9e n 20—" A/RU � EP A/RU K a A/RU N i O) EP y A/RU 'J A/RU(H) A/RU A/RU A/RU E Ica I— SR A/RU-336(H) h SR � � A/RU Tudhope Bled. SR OSI SR Existing Zoning RUR2(Rural Residential Two) I=z' Subject Lands SR(Shoreline Residential)� A/RU(Agricultural/Rural) Totvnshipo� EP(Environmental Protection) 0 OS(Open Space) Proud Heritage,Exciting Future _ PR(Private Recreational) _ I 0 280 Meters He Number:2023-A-09 4/ I I i I Development Services December 6, 2023 Report No. DS2023-098 Page 15 of 22 Page 361 of 368 Tc) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 7: Lake Simcoe Region Conservation Authority Comments dated March 21, 2023. Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail:planning@oro-medonte.ca March 21,2023 Municipal File No.:2023-B-02 LSRCA File No.:CO-33398 Andy Karaiskakis Secretary-Treasurer Development Services,Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Karaiskakis Re Application for Consent 404 Ridge Rd E Township of Oro-Medonte Owner:Sherry&Donald Hubbert Agent:Jeremy Hubbert Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservotion Authority("LSRCA")for review and comment.It is our understanding that the proponents are seeking a consent for a proposed boundary adjustment.The lands to be severed from 404 Ridge Rd E and merged with 400 Ridge Rd E are approximately 1 hectare in size.The retained lands would be approximately 54.4 hectares in size. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Hearing(dated March 13"',2023) • Consent Sketch(n.d) Staff has reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement,2020(PPS)and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. The LSRCA has also provided comments as per our Memorandum of Understanding (MOU)with the Township of Oro-Medonte. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services December 6, 2023 Report No. DS2023-098 Page 16 of 22 Page 362 of 368 Tc) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Lake Simcoe Region Page 2 of 4 Recommendation Based on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objection to the proposed consent to facilitate a boundary adjustment/lot addition. Site Characteristics Existing mapping indicates the following • The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for the following: o Presence of a watercourse (Burls Creek); o Meanderbelt erosion hazards of Burls Creek; o Floodplain;and o Valleylands. • The subject property contains identified woodland areas. Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. 434 Rd90 Rd E,Oro McJonlo r••w yd 4d M44,1AirrOe1 i_WaZA N..Hr U> .T NiM 7.n.-•. Q — nllnlraC M)TS.. 0 X% U' N•.TYIMI•wbOt A—P ld Yd CM.ti•Yv1 I�1.A ~�` � T1-•fir us•re PaM/ ❑ LOW Tip MY•tpll T' n1CK93 O +r..el+Ms1JR9 O�1r4r u. W • MI M• Development Services December 6, 2023 Report No. DS2023-098 Page 17 of 22 Page 363 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Lake Simcoe Region conscrral on authority Page 3 of 4 �.•a.v.a,. .w iay.ae e.oR.awtwe. ^� .. .,..,..., F-dpIbr p tu•••.r"O..•. lot •.w..rwtt...w Q ;7 A.WW ter r..r.rw... uwo�r.Wn u.Nurr W "M Q Ua 'ftvtrs�or ya.am O . 5rr., •.w: 404 Ib Oas Rd E.Oi"odonto ►••n• Vtteylx,A I[J tmawn.wian•y O 4910 ttr.•.• 13 .ww e.o. � ansGs<we. W.V- �w ror... p �..r�... I Iq f iV .M Development Services December 6, 2023 Report No. DS2023-098 Page 18 of 22 Page 364 of 368 Tc) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Lake Simcoe Region zonscrral.on au.hori�y Page 4 of 4 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS). There are identified natural hazards on the subject lands (floodplain and erosion hazard areas).The proposal is consistent with 3.1 of the PPS as no new lots are being created within the flooding or erosion hazards. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06.This regulation,made under Section 28 of the Conservation Authorities Act,enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous lands and wetlands.Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion,dynamic beaches,pollution or the conservation of land are not affected.LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. There are regulated elements on this site.Should development and/or site alteration be proposed in the future within the regulated portion of the property,a permit from the LSRCA would be required. Summary Based on our review from a natural hazards and watershed management perspective,we confirm that LSRCA has no objection to the proposed consent to facilitate a boundary adjustment/lot addition. Given the above comments,n is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated,and 2. Ontario Regulation 179/06 does apply to the subject site.Any future development or site alteration proposed within the regulated portion of the property would require a permit from LSRCA will not be required prior to any works taking place. Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned(e.dias@lsrca.on.ca) Sincerely, Emma Dias Junior Planning and Natural Heritage Analyst Development Services December 6, 2023 Report No. DS2023-098 Page 19 of 22 Page 365 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 8: County of Simcoe Comments dated March 30, 2023. '--------- County of Simcoe cc,i�.vrt cu .r.. TransQortation and Main Line i70517_613300 S ^� Free 1 77°93 8300 MCOc Fax I L Engineering Fax�r05)727 7964 TRANSIRCIRTATION AND 1110 Hghwray 26, Web:sirnooe.ca —/ire Midhurst,C ritario L9X 1 NO Andy Karaiskakis March 30. 2023 Secretary-Treasurer, Committee of Adjustment Township of Oro-hiedonte 148 Line 7. Box 100, Oro. ON LOL 2E0 'via: e-mail' Dear Mr. Karaiskakis. RE: Consent Application No. 2023-B-02 Owner.Applicant: Sherry & Donald Hubbert 404 Ridge Road East. West Part Lot 24, Concession 9 Township of Oro-Medonte. County of Simcoe County File: #OM-B-2305 Thank you for circulating the above-noted application to the County of Simcoe for review_ It is understood that the purpose of the consent is to sever and merge lands for the purpose of a boundary adjustment. The existing right-of-way width on Ridge Road East(County Road 20), adjacent to the subject property. is approximately 26.0 metres wide. In accordance with Table 5.4 of the Simcoe County Official Plan. the required basic right-of-way width for County Road 20 is 30.5 metres. In order to meet this right-of- way requirement the County will require a road widening of approximately 225 metres from the severed lands and 400 Ridge Road East, along the frontage of County Road 20. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. That the applicant shall transfer:o the Corporation of the County of Simcoe, at no cost, a fee simple, unencumbered interest in a road allowance widening of 2.25 metres in width along the entire frontage of the severed lands and 400 Ridge Road East, adjacent to County Road 20,to provide a 15.25 metre right-of-way from the centre-line of County Road 20. Additional Notes: • The applicant shall submit to the satisfaction of the County's Transportation and Engineenng Department a preliminary reference plan which sets out the road widening to be transferred to the County. Upon approval. the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simooe County and request the surveyor provide the County with an electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements. agreements. HST,etc. shall be fully bome by the applicant. All legal documentation is to be negotiated. prepared and registered by the Legal Services Deparment of the County and to be executed where required by the Applicant. The Applicant shall submit to the Legal Services Department of the County a deposit in the amount of$1200.00 prior to the Development Services December 6, 2023 Report No. DS2023-098 Page 20 of 22 Page 366 of 368 Tc) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... County Comments- 2 services being rendered. Invoices will be submitted on a cost recovery basis and applied against the deposit. Additional deposits may be required. and any excess over the total invoices will be refunded The County of Simcoe is requesting the road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6)of the Municipal Act, 2001. • The County of Simcoe Setback By-law No. 5604 regulates the location of buildings and other structures within 45 metres of lands adjacent to County Roads. Any new buildings and other structures will be required to be located at minimum 15.0 metres from the County Road 20 right- of-way limit. • The County of Simcoe Entrance By-law No_ 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road_ The Owner is advised that the County will not permit any new entrance(s)from the severed lands on to County Road 20. Once the lands are merged, it is expected that the existing entrance to 400 Ridge Road East will be used to access the entire merged property, as required. 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 to the County. If you require any further information, please do not hesitate to contact me. Sincerely. The Corporation of the County of Simcoe Zoran Nedelkovski, C.E.T Engineering Technician P: 705-726-9300 0222 E: zoran_nedelkovskles,mope.ca C.C. hm-.,-Jmooemury%M17rcAatiiCOr�•lC°Lv=eAY-vGS arrJ Docu-nww3enem -Deeeow-rr d Pxm2 Dw.to Du Dew tpmeR Can'e..aonaereeK)m4AeWn1bD10 Se+wwxe I C1 1)s"2e Raw Eazh;ajr�TILE Cartrrrz Adr 30,23 aoae Development Services December 6, 2023 Report No. DS2023-098 Page 21 of 22 Page 367 of 368 7.c) DS2023-098, Catherine McCarroll, Senior Planner re: Consent Applica... Schedule 9: County of Simcoe Planning Comments dated April 3, 2023. County Planning offers the following comments for consideration: • The lands are designated Agricultural in the County Official Plan. • The Agricultural designation represents lands that are within the Prime Agricultural Area. • Lands in a Prime Agricultural Area may only be severed in accordance with PPS policies 2.3.4, and specifically 2.3.4.2 refers to Lot Adjustments being permitted in Prime Agricultural Areas for legal or technical reasons. • Legal or Technical reasons is defined in the PPS as "..severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot." • The Township and Committee should consider whether this application can be considered a boundary adjustment that is "minor". If the Township considers this a minor boundary adjustment then it could be supportable on the basis of PPS policy 2.3.4.2. • In addition, it is understood that the lands to be retained would remain greater than 40 hectares, which is a minimum standard for agricultural lot creation in the County Official Plan as described by policy 3.6.7. • The lands are located along Ridge Road, a County right of way. Before any consideration is given for the application to be approved, it must be supported by the County Transportation and Engineering department, and any necessary conditions incorporated. Should you require any clarification of the comments contained, please feel free to contact me. Best regards. Dan Amadio, RPP, MCIP Manager of Planning County of Simcoe, Planning Department Phone: 705-726-9300 x1005 Email: dan.amadioa-simcoe.ca Website: www.simcoe.ca Development Services December 6, 2023 Report No. DS2023-098 Page 22 of 22 Page 368 of 368