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04 17 2014 Committee of Adjustment Agenda The Township of Oro-Medonte Committee of Adjustment Meeting Agenda Council Chambers Thursday, April 17, 2014 9:30 a.m. Page 1.Opening of Meeting: 2.Adoption of the Agenda: a) Motion to Adopt the Agenda. 3.Disclosure of Pecuniary Interest: 4.Adoption of Minutes: 3 - 6a) Minutes of Committee of Adjustment meeting held on Thursday, March 20, 2014. 5.Public Meetings: 7 - 19a) 9:30 a.m. 2014-A-05 (SCS Leasing) (Shelswell), 544 Line 11 North, Application for relief from Minimum Interior Side Yard Setback to permit the replacement of an existing office building with a new office building. 20 - 50 b) 9:45 a.m. 2014-A-07 (APT Management), 2981 Ridge Road, Application for relief from Height of a Boathouse. 51 - 62 c) 10:00 a.m. 2014-A-09 (Benjamin LeRoux), 3160 Line 7 North, Application for relief from Minimum Interior Side Yard Setback for the addition/expansion of single detached dwelling. 63 - 80 d) 10:15 a.m. 2014-A-10 (Caren Layzell), 120 Lakeshore Road East, Application for relief from Minimum Lot Frontage; Minimum Lot Area; and single detached residential dwelling unit. 10:30 a.m. (15 minute break) 81 - 96 e) 10:45 a.m. Page 1 of 146 2014-A-11 (Russ & Julie Elliot), 126 Hawthorn Place, Application for relief from Minimum Front Yard Setback for the addition/expansion of single detached dwelling. 97 - 112 f) 11:00 a.m. 2014-A-12 (Nancy Campling & Greg Burton), 731 Line 13 North, Application for relief from Maximum Height of a Detached Accessory Building; and Maximum Floor Area of a Detached Accessory Building. 113 - 130 g) 11:15 a.m. 2014-B-01 (Paul Weber), 3325 Line 4 North, Application for consent for the creation of new lot for residential and hobby farm purposes. 131 - 146 h) 11:30 a.m. 2014-B-02 (William and Dorothy Moore), 15 Line 14 South, Application for consent for a technical severance of lands that have merged in title. 6.New Business: None. 7.Notice of Motion: None. 8.Next Meeting Date: Thursday, May 15, 2014 at 9:30 a.m. 9.Adjournment: a) Motion to Adjourn. Page 2 of 146 4.a) Minutes of Committee of Adjustment meeting held on Thur... The Township of Oro-Medonte Committee of Adjustment Meeting Minutes Council Chambers Thursday, March 20, 2014Time: 9:39 a.m. Present: Bruce Chappell, Vice Chair Allan Johnson Scott Macpherson Larry Tupling Regrets: Roy Hastings, Chair Staff present: Derek Witlib, Manager, Planning Services / Deputy Secretary Treasurer; Janette Teeter, Deputy Clerk; Adrianna Spinosa, Planner, Teresa Falconi, Development Services Assistant 1.Opening of Meeting: Bruce Chappell assumed the Chair and called the meeting to order. 2.Adoption of the Agenda: a) Motion to Adopt the Agenda. Motion No. CA140320-1 Moved by Macpherson, Seconded by Tupling It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, March 20, 2014 be received and adopted. Carried. 3.Disclosure of Pecuniary Interest: None declared. 4.Adoption of Minutes: a) Minutes of Committee of Adjustment meeting held on Thursday, February 20, 2014. Motion No. CA140320-2 Moved by Tupling, Seconded by Johnson It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, February 20, 2014 be adopted as printed and circulated. Carried. 14 Page of Page 3 of 146 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – March 20, 2014. 5.Public Meetings: a) 2014-A-05 (SCS Leasing (Morris Shelswell)), 544 Line 11 North, Application for relief from Interior Side Yard Setback to permit the replacement of an existing office building with a new office building. Motion No. CA140320-3 Moved by Tupling, Seconded by Macpherson It is recommended that Application 2014-A-05 (SCS Leasing (Morris Shelswell)) be deferred until the applicant meets the Notice requirements under the Planning Act. Carried. 24 Page of Page 4 of 146 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – March 20, 2014. b)2014-A-06 (Recreation and Community Services Department within the Corporation of the Township of Oro-Medonte), 71 Line 4 North, Application for relief from the Minimum Interior Side Yard Setback to permit the construction of: • a two-storey front entrance with meeting room above; • an addition for a dressing room at the south-west side of the building; • rink expansion at rear; and • Olympia room/storage addition at rear. Shawn Binns, Director of Recreation and Community Services, Township of Oro-Medonte, was present. Fritz Schmidt, a member of the public, made comments on parking, traffic, noise, fire access and the easterly property line. Tracy Blackburn, representing residents on the east side, had questions regarding future variance applications. Motion No. CA140320-4 Moved by Member Macpherson, Seconded by Member Johnson It is recommended that the Committee of Adjustment approves Variance Application 2014-A- 06, specifically to permit the construction of an addition to a public building with a reduced interior side yard setback, subject to the following conditions: 1. That, notwithstanding Table B5 (Minimum Required Interior Side Yard) of Zoning By-law 97-95, the proposed public building addition shall otherwise comply with all other applicable provisions of the Zoning By-Law; 2. That the buildings and structures on the property be generally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the foundation wall setback and 2) verifying in writing or by way of survey/real property report, prior to pouring of the foundation, that the addition is no closer than 3.1 metres to the interior side yard lot line; 4. That the applicant obtain any permits and/or approvals required, from the Ministry of Transportation; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 34 Page of Page 5 of 146 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes – March 20, 2014. 6.New Business: a)Updated Notice of Decision, re: 2013-A-47. Motion No. CA140320-4 Moved by Johnson, Seconded by Tupling It is recommended that the decision with respect to Application 2013-A-47, approved by Motion No. CA131121-5, Committee of Adjustment meeting of November 21, 2013, be amended to replace within the preamble of the Notice of Decision the reference of “Restricted Rural” with “Rural Settlement Area”. Carried. 7.Notice of Motion: None. 8.Next Meeting Date: Thursday, April 17, 2014 at 9:30 a.m. 9.Adjournment: a) Motion to Adjourn. Motion No. CA140320-5 Moved by Tupling, Seconded by Macpherson It is recommended that we do now adjourn at 10:31 a.m. Carried. Bruce Chappell, Vice Chair Derek Witlib, Deputy Secretary Treasurer 44 Page of Page 6 of 146 5.a) 9:30 a.m.2014-A-05 (SCS Leasing) (Shelswell),544 Line 1... Page 7 of 146 5.a) 9:30 a.m.2014-A-05 (SCS Leasing) (Shelswell),544 Line 1... Page 8 of 146 5.a) 9:30 a.m.2014-A-05 (SCS Leasing) (Shelswell),544 Line 1... 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Leasing) (SCS 05 A 2014 Page 19 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 20 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 21 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 22 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 23 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 24 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 25 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 26 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 27 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 28 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 29 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... Page 30 of 146 5.b) 9:45 a.m.2014-A-07 (APT Management),2981 Ridge Road,App... 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Report Application No: Prepared By: To: Committee of Adjustment 2014-B-01 Derek Witlib, Manager Planning Services Meeting Date: Subject: Consent Application Motion # April 17, 2014 (Township of Oro-Medonte) _____________________ 3325 Line 4 North Roll #: R.M.S. File #: Concession 5, Part Lot 1 (Oro) 4346-010-002-29800 D10-47302 Township of Oro-Medonte Recommendation and Conditions: Development Service Staff recommends that Consent Application 2014-B-01 be deferred to provide the applicant the opportunity to address the requirements of the County of Simcoe and the Nottawasaga Valley Conservation Authority. Background: The purpose of Consent application 2014-B-01 is to create a new lot for residential and hobby farm purposes. The lands proposed to be severed for would have a lot frontage of approximately 57.9 metres (190 feet) along Line 4 North; a lot depth of approximately 548 metres (1,798 feet); a lot area of approximately 3.17 hectares (7.8 acres); and are proposed for residential and hobby farm uses. The lands proposed to be retained have a lot frontage of approximately 159.6 metres (525 feet) along Line 4 North; a lot depth of approximately 537 metres (1,762 feet); a lot area of approximately 8.6 hectares (21.3 acres); and are proposed for continued residential use. Analysis: The subject lands presently support a residential use and are predominantly tree covered. Surrounding land uses consist of relatively large, forested parcels to the north, south and east, most of which support residential uses. Lands to the west consist of a residential plan of subdivision comprised of single detached dwellings. Township Official Plan and Zoning By-law The subject lands are designated Rural and are zoned Agricultural Rural (A/RU) according to Zoning By-law 97-95, as amended. The Rural designation applies to those lands in the Township which are generally not considered to be prime agricultural lands. Section C2.1 of the Official Plan contains objectives intended to preserve the rural character of the Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 1 of 10 Page 113 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... countryside and prevent the intrusion of incompatible land uses. According to Section C2.2, permitted uses in the Rural designation include single detached dwellings and agriculture. Section C2.3.1 significantly restricts residential severances and this application would not qualify as a residential severance under this policy. However, the Official Plan does not prohibit agricultural severances in the Rural designation and Planning Staff is of the opinion that hobby farm severances can be considered as agricultural severances, provided that the minimum lot size for a hobby farm (-law. contained in Section D2.2.1. : 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; The subject lands front onto Line 4 north which is a public 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; The subject lands do not have direct access onto a Provincial Highway or County road. c) Will not cause a traffic hazard; No traffic hazards or concerns have been identified. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Both the severed and retained parcels would satisfy and surpass the lot area and lot frontage requirements of the Zoning By-law, which requires for a hobby farm a minimum lot area of 2.0 hectares (5 acres) and a minimum lot frontage of 45 metres (147.6 feet). e) Can be serviced with an appropriate water supply and means of sewage disposal; The severed and retained parcels appear are adequately sized to accommodate private services. f) Will not have a negative impact on the drainage patterns in the area; No negative impacts are anticipated given the large parcel sizes. 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; No concerns. Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 2 of 10 Page 114 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... h) Will not have a negative impact on the features and functions of any ecological feature in the area; The County of Simcoe and the Nottawasaga Valley Conservation Authority have identified the need for an Environmental Impact Study (EIS) to determine what if any impacts might occur. i)Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; and, No negative impacts are anticipated. 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. The applications appear to conform to the Planning Act, provided that the appropriate conditions are imposed. Based on the above, Planning Staff is of the opinion that the application has the ability to conform to the Official Plan, subject to the applicant satisfying the requirements of the County and the NVCA. County of Simcoe Official Plan The County of Simcoe in their comments included in this report have identified the subject lands as being designated Agricultural & Rural and Greenlands (Oro Moraine 2/Copeland Forest) in the County Staff has advised that an Environmental Impact Study (EIS) is required and that the proposed size of the severed lot must be reduced. Planning Staff is of the opinion that the application conforms to the size to 2 hectares (5 acres) in accordance with the minimum lot area required by the Zoning By-law for a hobby farm. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. In rural areas, the PPS does not restrict lot creation for agricultural purposes and permits limited residential development and other rural land uses. Planning Staff is of the opinion that the application conforms to the Rural Areas policies of the Provincial Policy Statement 2005. Places to Grow The subject Consent Application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.9.2 of these policies state that necessary for deve Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 3 of 10 Page 115 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Policy 2.2.9.3 also states that new lots will be directed to settlement areas and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan as of the effective date of this Plan. As stated in this report, the Township Official Plan and Zoning By-law contemplate this type of development and would therefore satisfy this policy. Financial: Potential financial and legal implications should the decision of the Committee be appealed to the Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2005 Growth Plan for the Greater Golden Horseshoe, 2006 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: Quality of Life o contribute to an enriched quality of life for residents by maintaining Oro- natural beauty and country-like character and by providing opportunities that encourage Sustainability build an increasingly sustainable community with regard for and sensitivity to the Safe & Healthy Community -Medonte policies and programs promote a safe External Relations municipalities in the local area and to be proactive in promoting the interests of the Township at the County, Provincial and Federal levels of Government and with private sector organizations. Financial Stewardship ed in the expenditure of tax dollars as Consultations: The following comments have been received as of the preparation of this report: Environmental Services Division Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 4 of 10 Page 116 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Transportation Division Building Division no comments Fire & Emergency Services Department County of Simcoe see attached comments Nottawasaga Valley Conservation Authority see attached comments Attachments: Schedule 1: Location Map Schedule 2: Schedule 3: County of Simcoe Comments Schedule 4: NVCA Comments Conclusion: Planning staff recommends that Consent Application 2014-B-02 be deferred in order that the applicant may address the requirements of the County and the NVCA. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 5 of 10 Page 117 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Schedule 1: Location Map Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 6 of 10 Page 118 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Schedule 2: Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 7 of 10 Page 119 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Schedule 3: County of Simcoe Comments Schedule 3: NVCA Comments Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 8 of 10 Page 120 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 9 of 10 Page 121 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Development Services Meeting Date April 17, 2014 Application No. 2014-B-01 Page 10 of 10 Page 122 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 123 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 124 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 125 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 126 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 127 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 128 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 129 of 146 5.g) 11:15 a.m.2014-B-01 (Paul Weber),3325 Line 4 North,Appl... Λ‘ĻĬĻƩΜ ЉЊ . ЋЉЊЍ Page 130 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... Report Application No: Prepared By: To: Committee of Adjustment 2014-B-02 Derek Witlib, Manager Planning Services Meeting Date: Subject: Consent Application Motion # April 17, 2014 (Township of Oro-Medonte) _____________________ 15 Line 14 South Roll #: R.M.S. File #: Concession 1, Lot 16 (Orillia) 4346-030-012-02201 D10-47366 Township of Oro-Medonte Recommendation and Conditions: Development Service Staff recommends that Consent Application 2014-B-02 be approved, and that the following conditions be imposed by the Committee of Adjustment: 1. That the applicant apply for and acquire from the Township lands to be attach to the severed and retained parcels for the purposes of public road frontage; 2. That the applicant apply for and obtain Minor Variances rezoning on the subject lands to accurately reflect the lot frontages; 3. That the applicant obtain all necessary permits from the Ministry of Transportation; 4. proposed conveyance for the parcel severed, for review by the Municipality; 5. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 6. That all municipal taxes be paid to the Township of Oro-Medonte; 7. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 8. That all municipal taxes be paid to the Township of Oro-Medonte; 9. That Secretary Treasurer issue the Certificate of Official, utilizing Form 2 under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and 10. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). Background: The purpose of Consent application 2014-B-02 is for a technical severance to re-create two agricultural parcels to correct a situation where two lots have merged on title. The lands proposed to be severed do not presently front onto any public roads, but are accessed from Line 14 South through a portion of an unimproved municipal road allowance. The owner of the subject lands have made an application to the Township to acquire portions of unimproved road allowances, intended to be merged with the subject lands, in order to achieve frontages on Line 14 South and Line 15 South. Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 1 of 8 Page 131 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... The applicants have indicated that they would like each parcel to continue to be used for agricultural purposes (managed woodlots), as well as to have the ability to construct a dwelling on each lot in the future. At present, the parcel to be severed would possess a lot area of approximately 8.4 hectares (20.74 acres) and the parcel to be retained would possess a lot area of approximately 10.6 hectares (26.18 acres). Subject to the applicants obtaining road allowance lands front the Township, these lot areas would slightly increase. Analysis: The lands proposed to be severed and retained are undeveloped lands which the applicants maintain as a managed woodlot. The lands are assessed for tax purposes as separate parcels and it was the fact merged at some point in the past. Township Official Plan and Zoning By-law The subject lands are designated Restricted Rural and are zoned Agricultural Rural (A/RU) and Environmental Protection (EP) according to Zoning By-law 97-95, as amended. The Restricted Rural designation discourages development that would detract from the rural character of the area which defines the separation from the City of Orillia. Both the Restricted Rural designation and the A/RU Zone permit single detached dwellings. Section D2.2.3 of the Official Plan provides a specific policy to allow the Committee to consider applications to correct a situation where two or more lots have merged on title. However, this policy pre-dates current Provincial and County policies and neither the Provincial Policy Statement 2005nor the County Official Plan give special consideration for technical severances. Therefore, a technical severance is required to be reviewed against the policies the otherwise govern lot creation. policies in the Restricted Rural designation significantly restrict residential severances, but contain no policies to guide agricultural severances. Therefore, the application must . These : 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; The subject lands do not possess any public road frontage. The applicants are attempting to achieve public road frontage through the acquisition of portions on unimproved road allowances from the Township. No decision has been made by Township Council in this regard. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 2 of 8 Page 132 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... Although the lands do not directly access Highway 11, their proximity to the highway will require that the Ministry of Transportation supports the severance. c) Will not cause a traffic hazard; Unknown at this time and the Ministry of Transportation has requested additional information. Notwithstanding that the Ministry has requested that this application be deferred, Planning Staff is of addressed through a condition of consent which, if un- fulfilled, will not allow the consent to occur. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Subject to obtaining road frontage through lands intended to be acquired from the Township, the applicants intend to apply for Minor Variances to permit reduced lot frontages. e) Can be serviced with an appropriate water supply and means of sewage disposal; The severed and retained parcels appear to be adequately sized to accommodate private services. f) Will not have a negative impact on the drainage patterns in the area; No negative impacts are anticipated given the large parcel sizes, but details would be determined through detailed designs prior to any building permit, driveway entrance permit or Ministry of Transportation permit. 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; The proposal would improve access to the lands and may result in shared access with other lands. This would be determined through the road allowance acquisition process. h) Will not have a negative impact on the features and functions of any ecological feature in the area; No concerns at this time. i)Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; and, No concerns at this time. 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. The applications appear to conform to the Planning Act, provided that the appropriate conditions are imposed. Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 3 of 8 Page 133 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... Based on the above, Planning Staff is of the opinion that the application has the ability to conform to the Official Plan, subject to the applicant satisfying the traffic/access concerns of the Ministry of Transportation. County of Simcoe Official Plan Section 3.6.8 of the County of Simcoe Official Plan states that in rural areas consents are permitted for agricultural, agricultural related. Highway commercial and institutional uses. Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural or environmental purposes. Planning Staff of the opinion that the lot sizes and their uses (managed woodlot and future building lots) conform to the County Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. In rural areas, the PPS does not restrict lot creation for agricultural purposes and permits limited residential development and other rural land uses. Planning Staff is of the opinion that the application conforms to the Rural Areas policies of the Provincial Policy Statement 2005. Places to Grow The subject Consent Application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.9.2 of these policies state necessary for The Places to Grow policies, however, do not contain policies directly related to the creation of a new lot for technical purposes. Policy 2.2.9.3 also states that new lots will be directed to settlement areas and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan as of the effective date of this Plan. As stated in this report, the Township Official Plan and Zoning By-law contemplate this type of development and would therefore satisfy this policy. As previously stated, the purpose of the subject Consent Application is to re-create two agricultural properties which merged on title inadvertently. In this regard, it is noted that, agricultural parcels are not a form of development that should be directed to a settlement area and therefore the application would general be considered to conform to the Places to Grow policies of the Province. Financial: Potential financial and legal implications should the decision of the Committee be appealed to the Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 4 of 8 Page 134 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2005 Growth Plan for the Greater Golden Horseshoe, 2006 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: Quality of Life o contribute to an enriched quality of life for residents by maintaining Oro- natural beauty and country-like character and by providing opportunities that encourage Sustainability build an increasingly sustainable community with regard for and sensitivity to the Safe & Healthy Community -Medonte policies and programs promote a safe External Relations municipalities in the local area and to be proactive in promoting the interests of the Township at the County, Provincial and Federal levels of Government and with private sector organizations. Financial Stewardship ed in the expenditure of tax dollars as Consultations: The following comments have been received as of the preparation of this report: Environmental Services Division Transportation Division Building Division no comments Fire & Emergency Services Department County of Simcoe Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 5 of 8 Page 135 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... Ministry of Transportation Requests that the application be deferred for the following reasons: Please be aware that since the access for the severance and retained land is not resolved, as the subject parcel is landlocked, the ministry has some concerns. Before we will be able to provide detailed comments regarding this severance application, we require, all available, additional the status of the current Zoning of the subject land. It was noted that the site located on the North/East corner of the Hwy 11 and Line 14 South is currently using this land as an additional entrance to their property. Is there any existing easement register on title? Please provide more detailed information; in the meantime please defer the severance application until Attachments: Schedule 1: Location Map Schedule 2: Conclusion: Planning staff recommends that Consent Application 2014-B-02 be approved, subject to the conditions recommended by Planning Staff and contained in this report. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 6 of 8 Page 136 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... Schedule 1: Location Map Development Services Meeting Date April 17, 2014 Application No. 2014-B-02 Page 7 of 8 Page 137 of 146 5.h) 11:30 a.m.2014-B-02 (William and Dorothy Moore),15 Line... 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