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06 03 2015 Development Services Committee AgendaProud !!crit,{gr, Px6rmo Frrtrrrr Page The Township of Oro-Medonte Development Services Committee Meeting Agenda Council Chambers Wednesday, June 3, 2015 5:30 p.m. 1. Opening of Meeting: 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Adoption of Minutes: 3-12 a) Minutes of the Development Services Committee meeting held on Wednesday, May 6, 2015. 5. Public Meetings: 13 - Z a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015-ZBA-07 (Fairgreen Sod Ltd.), Concession 10, Part of Lot 21, known municipally as 137 Line 9 South, re: Application to rezone a portion of the lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU's Exception) Zone to permit sale of mulch, aggregates, seed and fertilizer as secondary uses to the existing sod farm. 6. Public Hearings: a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Planner, re: Minor Variance Application, 2015-A-11, John & Barbara Orofino, 48 Stanley Avenue. 3e 412 b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager, Planning Services, re: Consent Application 2014-B-23, William & Christiane Anderson, 8 Nelson Street, Part of Lot 2, Plan 629. , /S_!SS c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager, Planning Services, re: Consent 2015-B-08, Terrance & Laima Keefe, 5 & 7 Greenwood Forest Road. ,0_45:,j d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Planner, re: Minor Variance Application 2015-A-12, Danielle Pender & Colin Leslie, 2 Woodland Crescent. Page 1 7. Deputations: None. 8. Reports of Municipal Officers: a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Zoning By-law Amendment, 2015-ZBA-06 (Owen Estates) South Shore Homes, CON 14, S PT LOT 5, RP 51 R6537, PART 1, Township of Oro-Medonte [Refer to Item 5a) of the June 3, 2015 Council Meeting Agenda]. f_ b) Report No. DS2015-049, Andria Leigh, Director, Development Services, re: Official Plan Amendment 2014-OPA-01 and Zoning By-law Amendment 2014-ZBA-02 (Lover's Harbour Inc. & Mark Porter), 298-302 Shanty Bay Road). Report No. DS2015-050, Andria Leigh, Director, Development Services, re: Proposed Amendments to Township's Zoning By-law 97-95, as amended. Communications: Correspondence received May 13, 2015 from Steve Blogg, re: Sea Containers. Next Meeting Date: Thursday, July 16, 2015 at 5:30 p.m. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting / Hearings Items: Adjournment: Motion to Adjourn. Page 2 4.a) Minutes of the Development Services Committee meeting h... Tou,rtsltir& dDntel Proud Heritage, ExcitingFuture. Wednesday, May 6, 2015 The Township of Oro-Medonte Development Services Committee Meeting Minutes Council Chambers Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Barbara Coutanche Councillor John Crawford Councillor Scott Macpherson Councillor Scott Jermey Regrets: Councillor Phil Hall Time: 5:30 p.m. Staff Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Derek Witlib, Present: Manager, Planning Services; Marie Brissette, Coordinator, Corporate Services; Adam Kozlowski, Intermediate Planner; Adrianna Spinosa, Planner Also Blair Goss, Rosemary Athron, Joseph Trimble, Eleanor Trimble, Craig Present: Palmer, Robert Spears, Theresa Spears, Joanne Reid, Bob MacDonald, Klaus Kuch, Wendy Parkinson, Josh Morgan, Bruce Teskey, Bob and Norma Fournier, Peter Latoszek, Jim Marchand, John Hipwell, Don Walker, Bruce Goss, Brenda Goss, Carol McLean, Sue Curtis, The Reverend Maureen Hair, The Reverend Ron McLean, Deb & Scott Burrell, Alex McGuire, Carol Stevens, Ann Truyens, Allan Baker, Hartley Woodside, Ann Budge 1. Opening of Meeting: Deputy Mayor Hough opened the meeting and called the meeting to order. 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. Motion No. DSC150506-1 Moved by Jermey, Seconded by Macpherson It is recommended that the agenda for the Development Services Committee meeting of Wednesday, May 6, 2015 be received and adopted. Carried. Page 1 of 10 Page 3 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. 3. Disclosure of Pecuniary Interest: None declared. 4. Adoption of Minutes: a) Minutes of the Development Services Committee meeting held on Wednesday, April, 2015. Motion No. DSC150506-2 Moved by Crawford, Seconded by Jermey It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 1, 2015 be adopted as printed and circulated. Carried. Page 2 of 10 Page 4 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. 5. Public Meetings: a) Proposed Amendment to the Zoning By -Law, 2015-ZBA-06 (South Shore Homes), Part of Lot 5, Concession 14, formerly in the Township of Medonte, re: Application to amend the zoning of Lot 28 within the Draft approved Plan of Subdivision (Owen Estates) currently rezoned to Residential One (R1) Zone. The Application is to rezone Lot 28 to a site-specific Residential One Exception (R1*) Zone to permit a lot frontage of 26 metres. Deputy Mayor Hough called the meeting to order at 5:32 p.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to an application to amend the zoning of Lot 28 within the Draft approved Plan of Subdivision (Owen Estates) currently rezoned to Residential One (R1) Zone. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on April 15, 2015 and a sign posted on the subject property on April 17, 2015. The following correspondence was received: Peter Dorton, Ministry of Transportation, dated April 17, 2015. Adrianna Spinosa, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Josh Morgan, Morgan Planning & Development, on behalf of the applicant, presented an overview. The following public persons offered verbal comments with respect to the proposed amendment: None. Deputy Mayor Hough advised that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review through the Township's website. There being no further comments or questions, the meeting adjourned at 5:39 p.m. Page 3 of 10 Page 5 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. 6. Public Hearings: a) Report No. DS2015-041, Adam Kozlowski, Intermediate Planner, re: Minor Variance Application 2015-A-02 (Farber), 45 Windfield Drive West. The following correspondence received: Mr. and Mrs. R. Fournier received February 24, 2015; Wolfgang and Ingrid Schroeter dated March 2, 2015; Chris and Diana Schroeter dated March 2, 2015; Michael Higgins dated February 26, 2015; Michael Aychental dated February 23, 2015; Diane and Wayne Thurlow dated February 25, 2015; Sheila and Cathryn Mulvihill dated March 2, 2015; Andrew Famiglietti dated March 10, 2015; Joe Bubel dated April 1, 2015; Bruce Kubbinga dated March 19, 2015; John and Christine Nichols dated March 18, 2015; Stan and Ros Witkin dated March 9, 2015. Peter Latoszek, agent, provided an overview of the shoreline design and proposed boathouse. Bob Fournier, neighbour, objected the proposed glassed -in structure, and questioned the proposed height. He noted the original proposal was for a Bunkie with storage. He added that although trees between the properties would have leaves from May to September, he wished to have a view year round. Motion No. DSC150506-3 Moved by Coutanche, Seconded by Macpherson It is recommended: 1. That Report No. DS2015-041, Adam Kozlowski, Intermediate Planner, re: Minor Variance Application 2015-A-02 (Farber), 45 Windfield Drive West be received and adopted. 2. That Minor Variance Application 2015-A-02 (Farber), being to permit construction of a 2 slip, flat -roofed boathouse having an enclosed upper level with a flat roof, having a height of 7.6 metres, be approved subject to the following conditions: a. That notwithstanding Section 5.6.e of Zoning By-law 97-95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law and in substantial conformity with the drawings submitted with the application. b. That an Ontario Land Surveyor provide verification to the Township compliance with the Committee's decision prior to approving the framing inspection to confirm that the maximum height of the boathouse is no more than 7.6 metres measured from the average high water mark (219.15 masl) of Lake Simcoe. c. That the Owner submit a Landscape Rehabilitation and Vegetation Enhancement Plan, prepared by a qualified professional, to the satisfaction of the Township and Lake Simcoe Region Conservation Authority. d. That the Owner apply for and obtain Site Plan Approval to construct the proposed boathouse, and to implement the recommendations of the Landscape Rehabilitation and Vegetation Enhancement Plan, as required in Condition 2. c. e. That the Owner obtain any permits and/or approvals from the Lake Simcoe Region Conservation Authority. 3. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 4 of 10 Page 6 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. b) Report No. DS2015-039, Adam Kozlowski, Intermediate Planner, re: Variance Application, 2015-A-10 (Rawling), 1934 Line 10 North. Craig Palmer, the applicant's husband, was present. Motion No. DSC150506-4 Moved by Macpherson, Seconded by Crawford It is recommended: 1. That Report No. DS2015-039, Adam Kozlowski, Intermediate Planner, re: Minor Variance Application 2015-A-10 (Rawling) 1934 Line 10 North be received and adopted. 2. That Minor Variance Application 2015-A-10 (Rawling), being to permit construction of a 107.3 square metre detached garage on the subject lands be approved. 3. That approval of the application be subject to the following conditions: a) Notwithstanding Section 5.1.6 (maximum accessory structure floor area) of Zoning By-law 97-95, the proposed detached garage shall otherwise comply with all other applicable provisions of the Zoning By -Law. b) That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the foundation wall. 2) verifying by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building does not exceed a floor area of approximately 107.3 square metres. c) That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding. 4. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 5 of 10 Page 7 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. c) Report No. DS2015-042, Derek Witlib, Manager, Planning Services, re: Consent 2015-B- 06 (Blair Goss), 4484 Line 11 North, CON 11 E PT LOT 9, (Former Township of Medonte). Correspondence dated April 24, 2015 from the Nottawasaga Valley Conservation Authority was distributed to Members of the Committee and Staff. Reverend Ron McLean, agent, was present on behalf of the applicant. He noted the Church had had access since 1843 but access permissions had changed. Mr. Goss had agreed to convey property to the Church to provide legal access. Motion No. DSC150506-5 Moved by Macpherson, Seconded by Jermey It is recommended: 1. That Report No. DS2015-042, Derek Witlib, Manager, Planning Services, re: Consent 2015-B-06 (Blair Goss), 4484 Line 11 North, CON 11 E PT LOT 9, (Former Township of Medonte) be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2015-13-06 being to permit a boundary adjustment of a 0.45 hectare parcel, having approximately 18.3 metres of frontage, subject to the following conditions: a. That the severed lands, with an area of approximately 0.45 hectare and frontage of 18.3 metres be merged in title with the property at 66 Fairvalley Church Road. b. That Section 50(3) and 50(5) shall 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 to the north, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. solicitor's written undertaking shall be provided to the Secretary -Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number. c. 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; d. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; e. That all municipal taxes be paid to the Township of Oro-Medonte; and f. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 6 of 10 Page 8 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. d) Report No. DS2015-037, Adam Kozlowski, Intermediate Planner, re: Consent 2015-B-07 (Scotty's Excavator Service), 81 Line 7 North. Scott Burell, applicant, was present. Alice Mcguire, neighbour, questioned the proposed use of the property. Carole Stevens, neighbour, questioned the zoning of the back of the lot. Motion No. DSC150506-6 Moved by Jermey, Seconded by Macpherson It is recommended: 1. That Report No. DS2015-037, Adam Kozlowski, Intermediate Planner, re: Consent 2015-B-07 (Scotty's Excavator Service), 81 Line 7 North be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2015-B-07 being to permit a boundary adjustment of a 0.822 hectare parcel, having approximately 23 metres of frontage, subject to the following conditions: a) That the severed lands, with an area of approximately 0.822 hectares and frontage of 23 metres be merged in title with the property at 57 Line 7 North. b) That Section 50(3) and 50(5) shall 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 implement the conveyance and to consolidate the parcels to one Property Identifier Number. c) 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. d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Council recessed at 7:02 p.m. and reconvened at 7:10 p.m. Page 9 Page 7 of 10 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. 7. Deputations: a) Hartley Woodside, Chair, and Allan Baker, Coulson Area Environmental Committee, re: Update to Council for 2014. Motion No. DSC150506-7 Moved by Crawford, Seconded by Jermey It is recommended that the correspondence presented by Hartley Woodside, Chair, and Allan Baker, Coulson Area Environmental Committee, re: Update to Council for 2014 be received. Carried. 8. Reports of Municipal Officers: a) Report No. DS2015-040, Adrianna Spinosa, Planner, re: Site Plan Agreement, Michael & Rosalba Lavorato, 2015 -SPA -02, Lot 11, Plan 51 M-881, (Former Township of Orillia) [Refer to Items 5a) & b) of the 05 06 2015 Council Meeting Agenda]. Motion No. DSC150506-8 Moved by Jermey, Seconded by Crawford It is recommended: 1. That Report No. DS2015-040, Adrianna Spinosa, Planner, re: Site Plan Agreement, Michael & Rosalba Lavorato, 2015 -SPA -02, Lot 11, Plan 51 M-881, (Former Township of Orillia) be received and adopted. 2. That the Township of Oro-Medonte enters into a Site Plan Agreement with Michael and Rosalba Lavorato to permit the construction of a single detached dwelling and accessory building. 3. That the appropriate By -Laws for the Site Plan Agreement and to Remove the Holding Provision applying to Lot 11, Plan 51 M-881, 21 Warbler Way be brought forward for Council's consideration. 4. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 8 of 10 Page 10 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. b) Report No. DS2015-038, Andria Leigh, Director, Development Services, re: Site Plan Control By-law and Delegation [Refer to Item 5c) of the 05 06 2015 Council Meeting Agenda]. Motion No. DSC150506-9 Moved by Coutanche, Seconded by Macpherson It is recommended: 1. That Report No. DS2015-038, Andria Leigh, Director, Development Services, re: Site Plan Control By-law and Delegation be received and adopted. 2. And That an updated By -Law to designate areas of Site Plan Control in the Township be brought forward for Council's consideration. Carried. c) Report No. DS2015-043, Derek Witlib, Manager, Planning Services, re: Zoning By-law Amendment Application 2014-ZBA-14 (The Heights Ski Club), 1106 Horseshoe Valley Road West Part of Lots 1 and 2, Con. 3 (Medonte) Township of Oro-Medonte [Refer to Items 5d) of the 05 06 2015 Council Meeting Agenda]. The Committee consented to permit Brian Goodread, Planner, to speak to the application. Motion No. DSC150506-10 Moved by Coutanche, Seconded by Macpherson It is recommended: 1. That Report No. DS2015-043, Derek Witlib, Manager, Planning Services, re: Zoning By-law Amendment Application 2014-ZBA-14 (The Heights Ski Club), 1106 Horseshoe Valley Road West Part of Lots 1 and 2, Con. 3 (Medonte) Township of Oro-Medonte be received and adopted. 2. That Zoning By-law Amendment Application 2014-ZBA-14, that would rezone the subject lands from the Private Recreational (PR) Zone and the Future Development Exception 67 (FD*67) Zone to the Private Recreational Exception 257 Holding (PR*257)(H) Zone on Schedule A15 to Zoning By-law No. 97-95, be approved. 3. That the appropriate By -Law for the Zoning By-law Amendment with the required Holding (H) Provision not to be removed until such time as development matters including servicing and stormwater management have been addressed to the satisfaction of the Township and other relevant agencies be brought forward for Council's consideration. 4. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 9 of 10 Page 11 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, May 6, 2015. 9. Communications: 101 rem 10. Next Meeting Date: Wednesday, June 3, 2015 at 5:30 p.m. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting / Hearings Items: 12.Adjournment: a) Motion to Adjourn. Motion No. DSC150506-11 Moved by Crawford, Seconded by Jermey It is recommended that we now adjourn at 7:59 p.m. Carried. Deputy Mayor Hough, Chair Adam Kozlowski, Secretary -Treasurer Page 10 of 10 Page 12 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... _.•41. 0/YY"r�IPtll7llte NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY-LAW OF THE TOWNSHIP OF ORO-MEDONTE 2015-ZBA-07 (Fairgreen Sod Ltd:) TAKE NOTICE that the Township of Oro-Medonte deemed the following application to amend the Township's Zoning By-law 97-95, as amended, as a "Complete" application under Section 34 of the Planning Act, R.S.O. 1990, c. P.13 on the 20th day of April, 2015. AND TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Wednesday June 3, 2015, at 5:30 p.m. in the Municipal Council Chambers, 148 Line 7 South. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By-law, under Section 34 of the Planning Act. THE PURPOSE of the proposed Zoning By-law Amendment is to rezone a portion of the lands within Concession 10, Part of Lot 21, known municipally as 137 Line 9 South, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU* Exception) Zone to permit sale of mulch, aggregates, seed and fertilizer as secondary uses to the existing sod farm. A KEY MAP illustrating the location of the subject lands is provided with this Notice. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. Please be advised that your comments and submissions will become part of the public record. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Oro-Medonte before the proposed zoning by-law amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Oro-Medonte before the proposed zoning by-law amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. 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 to: Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, Ontario LOL 2EO Attention: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building. For further information, contact the Planning Department at 705-487-2171. DATED at the Township of Oro-Medonte this 14th day of May, 2015. Andria Leigh, MCIP, RPP Director of Development Services Page 13 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 2015-ZB A-07 (Fairgreen Sod Ltd.) Conceptual Site Plan — Proposed "Landscaping Supply Sales" North-west corner of Subject Lands — Schoolhouse Rd. & Line 9 South Page 14 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... From: Polus, Asia (MTO) [mailto:Asia.Polus@ontario.ca] Sent: Tuesday, May 19, 2015 12:46 PM To: Kozlowski, Adam Cc: Tuz, Sylvester (MTO) Subject: RE: Notice of Public Meeting & request for comments RE: Notice of Complete Application and Public Meeting For Proposed Amendment to the Zoning By -Law Of the Township of Oro-Medonte 137 Line 9 South Con 10, Lot 21 School Nouse Road and Line 9 South Hi Adam, Further to your circulation dated May 14, 2015, the ministry has reviewed the above noted application and please accept the following comments pertaining to the proposed land used: • We have no objection in principle to the proposed Zoning By -Law amendment to rezone a portion of the lands from the Agricultural/Rural Zone to the Agricultural/Rural Exception Zone to permit sale of mulch, aggregates, seed and fertilizer as secondary uses to the existing sod farm. • In general, the owner should be advised that the land is located within the ministry permit control area therefore the ministry Building and Land Use Permit will be required prior to the start of any construction or/and grading of the land. Furthermore the future developments like the office, parking or any other structure above or below ground require ministry review and approval. • The owner of the land will be required to submit to the ministry for our review and approval a Site Plan and in addition a grading plan will be required to ensure that discharge from the site does not impact the highway drainage system. • The proposed entrance to the site should be as far as possible from the Lane 9 South and Highway 11 intersection. • Sign permits are also required for any visibility signing within 400m from Hwy 11 property limits. • The Permit Officer contact for this area is Sylvester Tuz and he can be reached at 416-235-4351. Please provide the ministry with a copy of the decision of the Township of Oro-Medonte in respect to the proposed zoning by-law amendment. If you have any questions regarding these comments or permit requirements please contact Sylvester or me. Sincerely W. Asia Polus Corridor Management Planner Ministry of Transportation Engineering Office, Central Region Corridor Management Section 7th Floor, Building "D" Page 15 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... .� lake Simcoe Region conservation authority A Watershed for Life Sent by email: dwitlib@oro-medonte.ca May 26, 2015 File No: 2015-ZBA-07 IMS File No: PZOA561C2 Mr. Derek Witlib Manager, Planning Services Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Zoning By-law Amendment 2015-ZBA-07 137 Line 9 S Township of Oro-Medonte, County of Simcoe Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Application for Zoning Bylaw Amendment. It is our understanding that the purpose and effect of this application is to amend the zoning from A/RU zone to A/RU* Exception to permit sale of mulch, aggregates, seed and fertilizer as secondary uses to the existing farm use. It does not appear that there are any natural heritage features or natural hazards within this property and it is not regulated under Ontario Regulation 179/06 of the Conservation Authorities Act. It does appear that part of the property is within a significant groundwater recharge area. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PFS), the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Based on our review of the submitted materials we are satisfied from a watershed management perspective that this application is consistent with the Natural Heritage and Natural Hazard Policies of the Provincial Policy Statement (PPS), conforms with the requirements of the LSPP, and Ontario Regulation 179/06 of the Conservation Authorities Act. As such, the LSRCA has no further requirements as they related to this Application for Zoning Bylaw Amendment. If you have any questions, do not hesitate to contact me. Please advise us of any decision made with regard to this application. Please reference the above file numbers in future correspondence. Sincerely, Lisa -Beth, Bulford, M.Sc. Development Planner LBB/ph 5:\Planning and Development Services\PlanningAct\Planning Act Applications\Oro-Medonte\139496 137 Line 9 N\OS-26-2015 Bulford oro Medonte 137 Line 9 South 2015-ZBA-07 PZOA561.docx 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X I Fax: 905.853.5881 j E -Mail: Info@LSRCA.on.ca Proud winner of the international Thiess Riverprize Membergolr�s�~ �� ^n Ontario 5.a) 5:30 p.m. Proposed Amendment to the-Z�-Pt`5.:.� Marie Subject: RE: 2015-ZBA-07- Fairgreen Sod Farms From: Sharon M. Irvine < Sent: Friday, May 29, 2015 10:35 PM To: Hough, Ralph; Crawford, John; Irwin, Doug; aleiahPoro-medonate.ca Cc: Bill Irvine Subject: 2015-ZBA-07- Fairgreen Sod Farms To All Addressed to This Email: We are opposed to the expansion regarding the above mentioned application based on the fact that we are unable to get to the Township Office due to the hours of operation. The Township Offices are open from 8:30 — 4:30 p.m. We have left or are getting ready for work prior to 8:30 a.m. and return to our home later than 4:30 p.m. The Township Offices are opened later than we leave for work and closed earlier than we return from work. You leave us no choice. The documents have not been made public via the Township Website for review during our non -working hours. Based on the information we have been able to access with respect to this application, there are other long time vendors in the area who are most efficient and able to meet the needs. Having used these vendors in the past, we will continue to do so to further enhance our property. There is no need for expansion of this facility —the vendors already exist in this and the surrounding areas and we would like them to continue their operations without additional competition. The focus in our household is on preserving our farmland —we like to eat to stay healthy, we trust you would do the same. While it is nice to buy green sod and the appropriate aggregates for landscaping, we do not want to see competition for our local vendors who we have sent our business to —there has never been an issue and they are ready and willing to assist our needs with landscaping and improving our property. We would like to suggest that you consider support for our local existing vendors. With respect to the property, we will clearly state that the current zoning be allowed to remain in effect without allowances to expand and provide aggregates. The additional surrounding areas should remain zoned as. Agricultural. Please send any further information regarding decisions made to this application to: In writing: Mr. and Mrs. William W. Irvine 172 Tudhope Blvd, Oro-Medonte, ON LOL 1TO Via email: Thank you for your attention in this regard. Sincerely, William W. and Sharon M. Irvine 172 Tudhope Blvd. pro-Medonte, ON LOL 1TO Page 17 Zoning By-law Amendment 2015-ZBA-07 (Fairty) Location: 137 Line 9 South Concession 10, Part of Lot 21 Current Zoning: Agricultural/Rural (A/RU) Current Official Plan Designation: Agricultural Existin Use: Agriculture (sod arm retail safes Pro Fid HeritgQe, Cxcifiug Future X57 Zoning By-law Amendment 2015-ZBA-07 (Fa i rty) Purpose of Application: Zoning By-law Amendment — rezone a portion of the lands within Concession 10, Part of Lot 21, known municipally as 137 Line 9 South, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU* Exception) Zone to permit sale of mulch, aggregates, seed and fertilizer, soil and sod as secondary uses to the existing sod farm. ?` Proud Herirnge, Exciting rutrure Applicant's Sketch Zoning By-law Amendment 2015-ZBA-07 (Fa i rty) Proud HeHf tke, Exciting Funor Public Meeting sign posting Zoning By-law Amendment 2015-ZBA-07 (Fa irty) 7bwftship of Proud Heritage, Fsri,ing Purmc Zoning By-law Amendment 2015-ZBA-07 (Fa irty) l1:%'B/F117R�.:t3��x�._x..3r4�:' ._...,o _.<..-.a.w:,. Kr..x�..a'.!,u:. u.. ... .�. sr,n.::G;.tFx�•t'�'irAl1� 70u/I15hip 01 Proud Herifge, F.xcitiug Future Zoning By-law Amendment 2015-ZBA-07 (Fa irty) Line 9S School House Road Proud Heritage, rsciiing hirme Zoning By-law Amendment 2015-ZBA-07 (Fai rty) Conclusion This concludes staff's overview of the proposed Zoning By-law Amendment application. Questions or comments from the public and members of the Committee will now be heard. (9tv�%�� _.ems/ nte� Proud Heritge, EscilhN Furure 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... Touwship 6f Report Proud Herltage, Exciting Future R�Port No. DS2016-040 To.; Development Services Wre—pared By- I Adrianna Sp*nosa,. Comq!Ittee: Planner Meeting biti;.7 subject- Motion, June 3.2 15 i M.yyn+ rVan lance Application z -A Jobn & Barbara Oroilno 48 Stanley Avenue Roll #: 4346-010-010-19900 R.M.S, File #: 1113-48970 Recommendation(s): Requires -Action For Information 0nJ_' y It is recommended: 1. That Report No. DS2015-046 be recoiyed and .adopted, 2. That Minor Variance Application 2015-A-11 by G. 4 B. Orotino, specifically to permit a front porch with a decreased front yard setback of 8,27 metres (10,75 feet), on lands IoQ-Oted in Plan 626, Lot 225 (Oro), Township, of Oro-Medonte, known as48 Stanley Avenue, be refused. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The subject. property is 0.06 hectares 0.15 acres) and is a comer lot, having 15.2 metres 00 feet) of frontage -along Stanley Avenue, and 36.68 metres (.120 feet) of frontage along.Dorothys Drive: There Is currently -a ,structure on the property, identified as residential by the applicant and assessed as a Retail Store in the Municipal Property Assessment Corporation's IMPAC) records. MPAC- has for assessment purposes identified the property aa.'Betail or -office With residential unit(s) above or behind — less than 1.1;0.174 square foot . gross building area, street or onsite parking, with 6 or less- -apartments, older downtoWn core.", The applicant constructed a porch at the front (Stanley Avenue side) of the structure and a Township Building Inspector issued an -Order to Comply under the Building Code for the construction without a permit. Upon' initiating the in permit. proi-,ess With the Township's Development Services Department, Planning Staff identified that the porch was constructed in a location that is Development Services June 3,20.15 Report No. DS2015-046 Page 1 of a Page 2� 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... not parmissible-Jin the Township's Zoning B, law aw and therefore., the applicant is requesting the following relief: Secefon, 4.2 — Table 132-, Min, [mum front yard setback Analysis: Provincial. rovincialpolicles Required Proposed 7.5 metres 3.27 matres (24.6 feet) (110.75 feet) The polfoies of the Growth Plan fortbe Greater-Gold�rl Horseshoe have been. reviewed and do not affect in the context of the proposed development. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. These policies have been reviewed, and Staff is of the opinion that this, application is consistent with the. PPS, The Planning Act's Four Test of a Minor Variance 1. Does the variance conform to the general. intent of the Official Plan? The subject lands are designated Shoreline In the Township's. Offi i - 0 _W Plan, and Section C5 of the Official Plan contains policies related to the use and d4velopment of lands in this designation. One of the objectives. Is "to maintain the existing character of this predominantly residential area," Permitted uses. include single detached dwellings and small' scale commercial uses such as convenience stores (.Section C5.2). Based on the above, the requested variance conforms to the gonerat intent of the Official Plan. 2. Does the *variance conforin to the general intent of the. Zoning By-law? 3, Is the variance appropriate for the desirable development of the lot? The subject property is zoned Local Commercial Exception 12 (LG*12) Zone in the T ownship's current Zoning By-law 97-95. Exception 12 relates to Local Commercial Zones along the shoreline and states "notwithsta di ng any other provision in this. By- law,: only convenience retail stores and personal service shops are permitted on the lands denoted by the symbol *12 on the schedules tp: this By-law." Table B2 of the By=law identify standards required for the Local Commercial (LC) Zone and the minimum required front yard setback is 7.5 metres.. Table B1 of the By -laver identify standards required for the Shoreline Residential (SR) Zone and the minimum required front yard setback Is 7.5 metres, It Is Important to note that thefront yard setbackfdr these zones are equivalent because although the applicant hasidentifled that the existing use is residential, the standard remains the same. In addition to the permitted uses identified in the site-specific zoning, Staff have reviewed the General Provisions Section of the By-law and have concerns regarding the non -conformity of the use, on-site parking, and front yard setback. standards. DovelopmeO Services June 3, 2015 Report No.. PS2015-046 Page 2 of 8 Page 7:T 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... The applicant has Indicated that the existing use Of the property -Is residential , d. .An th! t use hda occurred, for the -past !113. years (since the time the ley-law-carneinto e0ect). The subject property, is -part of the Former Oro Township and the original Zoning By-law No 1031 (from February -3,1974) clas.01ad the property. as � Resort Commercial (03) Zone, Among the permitted uses for the 03 Zone " in the by-law original, Zoning B wincluded convenienereta.11sores bow eer.ra"dentia uses were. not Oermifted. Although the use, of the property changed in. the. 1990's, the Zoning, of the'property rein tried M. In residential use is,non-c-o6forming, tried Com * oroial and therefore the exist q Section 5.18 of the Zoning By-law contains standardt,_ consistent with Section 34 (10) of the Planning Act and statel1. -"No land& shall be used and no bulldlqq or structure shall be used -except in conformity with the provisions of this Syi-law urifess such. use existed before the date of the passing this Ry -law and provided that it has continued and continues to be used for such purpose, and that such use., when established, was not contrary to a By-law passed under Section 34 of the Planning Act, R.S.0 1990, cP. 1-3 or apredece-ssor thereof that was in force at that time." There is currently no information that would indicate that the current residential use of the building conforms to the. current Zoning, By-law (By. -law. 97-95) or its predecessor (Sy -law 1031). Therefore lbe. porch Is not pe . y rmitted under Section 5. 18 -of the Zoning By-law. and Section 34 (1 o) of the Planning Act. With respect to.parking the Zoning By-law states "no person shall use any land, building or structure in any Zone for any purpose permitted by this. By-law unless parking sp-1ces are provided on the same. lot in accordance With the provisions of this Section" (Section Staff have reviewed the Parking Standards T4b-fe for requirements relating to permitted uses. based on the current zoning, as well as the requirements relating to the existing non -complying use, and, they are as follows: bion -Residential Uses ParlOng Convenience retail store -Required ' -park' periling space per 20 square metres of gBoss. .floor area Personal Service Shop 1 parking 'space per 20 square metres of gross_floor area The a_pplfc_ant has not provided detail on the type of residential -use that exists, nor has he Included tha size of the structure. However, If the building is being used as -a single detached dwelling a minimum of 2 parking spaces would be required, If used for commercial purposes a minimum of 9 parking king spaces would be required based on an estimated gross floor area of approx1rhately 1.76 square metres 0,895 square feet). Development Services June 3, 201 - 5 Report No. DS201"46 Pa& 3 of 8 Page 78 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... Section 5,2,01.1 of theZoning'B states y -law tat _s "each required parking space in a. parking afoa sh AM! have, a W.1dib of not less than*3,..G, metres ( .8 feet) andf a length, o not less than 6 0, metres. (19.7 feet)," Based on the, site plan provided, the property does not have adequate -6paw to park the minimum number of Vehicles based on the size required. Furthermore, the expansion of the deck amplified the situation of deficient parking as the new deck is consttimted -Closer to Stanley Avenu%: -occupies more of the former parking areal and provides a padoing space length of only 327 metres (10,75 feet) whereas a minim -um of 6.0 metres (119.7 feet) is, required by the Zoning By-law., Staff note that the property cu rrentl,v has two access points — an existing entrance from Dorothys DOVe and an -entrance s- the, width of frontage along. Stanley Avenue. panning The. Township?s Ttahsportation Department have visited the site, and have the following concerns regarding the entrance on Stanley Jay Avenue: • The entrance is within the 15 metres of the intersection (entrances are general restricted within this area). • The entrance is widerthan the, Township's residential standard of a maximum of 7 metres; and W There is presently alang culvert that has no clean outs along the entire frontage. Sincethe new deck shortens the distance to park a vehicle entering from I Stanley Avenue and there is 'inadequate space to park the required number of vehicles elsewhere on the property, the application does not comply. with the Zoning By-laws Parking Standards. The purpose of having a 7.6 metre (2-4.6 foot) setback is to maintain a distance between structures and the street to allow for: an enhanced streetscape; adequate length driveway to park vehicles accessing the property; and safety for snow -removal and road maintenance. Township Planning Staff have visited: the site and are of the opinion that the reduced front yard setback does not achieve the intent of the requirement, as outlined above. In addition, the deck is not desirable davelopment as it is not consistent With the neighbouring properties in the area. For the reasons outlined above, the requested variance is not considered to meet the general intent of the Zoning By-law, and it would not be considered appropriate for the desirable. development of the lot. 4. Is the variance minor? As the proposed variance is not considered to be appropriate for the desirable development of the lot, is anticipated to have an adverse effect on the operation and maintenance of the Townships' road, and is anticipated to have an adverse effect on the character of the surrounding area, the variance is not considered to be minor. Financial I Legal Implications / Risk Management Potential financlat and legal implications should the decision of the Committee of Adjuatmenj be appealed to the Ontario Municipal Board and Council chooses to defend the Committee"s, decision. Development Services J Une 3, 2016 Report No. DS2015-046 Page 4 of 8 Page 2-13, 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... Policies/Legista,tion.- # Planning Ad, 19904 �c.1 R.&O. P I ­ A8 4 Provincial PolloyStatement, 2014 a Growth Plan for the Greater Golden Horseshoe, 2006 9 Lake Simcoe Protection Plan n w Township of Oro-Medonte Official Plan • Township of Qrd-Med.orite Zoning ing By-law No. 97-95, as. amended County of Sirnooe Official Plan I Corporate -Strategic Goals-. —1 Quality of . Life-- To'contfibute to an enriched quality of life for residents by maintaining Orn-Medonte's natural beauty and wuntry-like tharacterand byPr, .ov iding Opportunities that encourage communit re y participation In activitiesz and recreational programs. Sustainability– To build. an increa Ingly sustainable community with regard for and sensitivity to the needs of future, generations. Consultations.— • Transportation & EnVironmental Services Division: - re-corrim'end that the entrance on Stanley A -venue be closed and that the entrance on Dorothy's Drive .be utilized. • Building Division, no concerns • County of Sirricoe: Attachments: Schedule I - Location Map Schedule 2: Applicant's Site Plan Schedule 3: Elevation Photos Conclusiont Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-1 1 be refused on the basis that the application does not meet all four tests of the Planning Act. Respectfully submitted: d riann, a Spinosa Planner Reviewedby: Derek Witlib, MQ1P RPP Manager, Planning Services SMT Approval / Comments:- j - Development Services Report No. OS2015-046 Julie 3, 2015 Page 5 of a Page -30 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... Schedule 1: Location Map 2015-A-11 (Orofno) WANE CRESCENToCa ,QCI. . y� QPM a c3"SY'` Uj Z) Z LLI a C Lake Simcoe a �2F �u ', ct Lands Development Services June 3, 2015 Report No. DS2015-046 Page 6 of 8 Page -::� i Porch Development Services June 3, 2015 Report No. DS2015-046 Page 7 of 8 Page 6.a) 5:45 p.m. Report No. DS2015-046, Adrianna Spinosa, Plan... Schedule 2: Applicant's Site Plan 2015-A-11 (Orofino) a . 6 r ` s I,VS lig= i a te.c.s,�3 ti 9.7a' In.P is2a) Wily WICAS) 4iaae? ill's'-i�K FEMA CMAlll-( Hi( I[h ul files + NEO a 44 u fl • s■ s 44 u} ' J. �s1 KT « W u L� • i STY, � C1i •• DWELLING AND 3torc E f P Li,/I h Al 0 � S h EFgbO# 50,00, (R.R d2w ti9 a ►�at•�!`0'1< 0035) M32' WIVE S1� STANLEY t AVENUE Porch Development Services June 3, 2015 Report No. DS2015-046 Page 7 of 8 Page t . u c, f -.: �• . ..., � .:..- . _ .asF'';ri.-_:..:....-ea�m_"-acv:�:.-s'xsw^...!«'���an+..h�aow-,y .....�.. 1+� t 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager WOUM hi of Report Proud Heritage, P�citing, Future Report No. DS2016-061 Toy Development. Services Pebpa md.By: Derek Witfib,.Manager Committee Meeting :tate :------ Subject: Consent AppllcOiftn Wtib'6 # June 3, 2.018 2014w18 23 by William & — Christiane Anderson :8 Nelson Street Part of Lot 2, Plan 629 4346-010-005-38300 R.M.S. File D10-048449 Reconi mendation(s); Requires Action For Information Only' It is recommended: 1. That Report No. DS201-5-051 be received and adopted. 2. That the Development Services Committee gran * t provisional con -sent, to :Application 2014-B-23 to sever a lot measuring approximately 30 metres by 45.7 Mdtre*s (100 feet by 150 feet), comprising an area of approximately 0.13 hectares (0.-34 acres), for future residential use,subject to the following conditions: W1 a) That the applicant apply for and obtain Minor Variances M-'th- respect to the lot areas of the severed and retained parcels, as well as any situations, of noh-compliance created as a result of the severance, b) 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, c) That the applicant's solicitor prepare and submita copy of the proposed conveyance for the parcels severed and retained, for review by the Whicipalitly; d) That the applicant pay $2,000.00 cash -in -lieu of a parkland contribution for the two (2) lots created; 9) That all municipal taxes be paid to the Township of Oro-Medonte; and f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3. And that the applicant be advised of the Development Services Committe&s decision under the Director, Development Services signature. Development Services dune %.2arts Report No., 6S2015-051 Page 1 Of 8 Page 3Y 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager Background: The subject lands are located on: the north side of Nelson Street and on the west side of Bass L -fine.. A. Location Map is Included as Schedule. I to t1fi,9 report,. Surrounding .1ah uses consist of single. detached, residential uses in the -area of I Bass Lake, as Well as agricultural uses in the broader surrounding area. Analysis The applicants. are, requesting consent to -Ot a sever new let. The land e ., , s proposed to be severed measure approximately 30 metros by 45.7 metres (100 feet by 150 feet), comprise -an area of appro ately 0,13 hectares (Q.,34 acres) and are intended for future residential case. The lands proposed to be retained are irregular in shape and have approximately 39.6 metres (129.8 feet) of frontage, comprise an area of approximately 0-.15 hectares (0.38 apres) and are intended for continued residential. use, A sketch of the proposed severance is attached as Schedule 2-. A detailed. analysis of this application. Is provided below in the Polfc!W. -Legislation section of this report. Financial Legal Implications I Risk Management; Potential financial and legal implications should the decision of the Committee be appealed 10 the Ontario Munibipq! Sdard and Council chooses to defend the Committee's decision. islation: Township Official Plan The subfect property ,is located in the Shoreline designation in the T ownship's Offic. iz(l Plan. Section C5 ofthe Township's Official Plan contains policies related to the: use and development of land in the Shoreline designation. Specifloally, Section C52 of the Official Plan states that "Permitted uses cin lands[in this designation Include] single detached dwellings...'. Section 05.3 of the Official Plan "Residential Development Policies!' contains policies related to "New residential Plans of Subdivision" (Section 05.33), and related to the. "Umits of Shoreline development" (Section C5.3.4), however, the scope of policies contained in these sections is ilm. ited to either the creation of mufti ' pie hots by Plan of Subdivision, or to the expansion of the Shoreline designation in Schedule. A to the Official Plan. On this basis, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.2.1 of the Township's Official Plan, in evalbating the proposed application for consent. Development Services JU he 3, 201. . 8 Report No. DS2015-051 Page 2 of 8 Page 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager SectlOn'D2,2J. of the Official Plan contains tests for the creation of anew lot byway. of Consent, In particular, this section states the Committee of Adjustment shall be satisfied that. the lot to be .retained and the lot to. be sev*e*red. a) Fronts ori and Will be directly accessed by a public road that is maintaJl ad a. n a gear round b4shsbasis:n. Staff commont., The severed and retalt)ed lots would h.ave frontage on Nelson Street and, on Bass Line,. w ich are public roads. maintained on a year round basis by the Township. b) Does not have direct accossto a Provincial Highway or County Road, unless the Province or the CO'Uhty supports the request; Staff comment, Neither the proposed severed lands, nor the proposed retained lands, have frontage on a Provincial Highway or a County Road. c) Will not cause a traffic -hazard; Staff comment: The subject -application was circulated to Transportation and Environmental Services staff for the, Township, whohave not express with respect to the prppos;al, ad any concern d) Has adequate size and frontage for the proposed -use In accordance with the Comprehensive Z oning By -last aild is compatible with adjacent uses; Staff comment.. The subject lands are zoned Shoreffne Residential (SR) Zone in the Township's Zoning By-law 97-95.. TWO f31 of the TOwnshfP's Zoning By- lawrequires that a lot in the Shoreline FlesidentiaJ (814) Zone have a Minimum Lot Area of 0.2 hectares, and a Minimum Lot Frontage of 30 metros. Based on Information supplied by the applicant and on property assessment records, this application proposes a severed parcel with a lot area.of approximately 0. 13 hectares and; a retairted parcel of approximately 0. 16 hectares., whereas the Zoning By-law a requires minimum lot area of q 0.2 hectares. While the applicant has provided information. demonstrating that the proposed lot areas appear to be functional With respect to accommodating dwellings and their associated private services (Wells and septio systems), the proposed lot areas do riot ,comply with the Zoning By-law and will need to be considered by way of Minor Vaftnces. Planning staff Is of f the opinion the, future single. detached residential development resulting from the proposed. severance will be compatible with the existing adjacent single detached residential uses, e) Can be serviced with an appropriate water supply and means of sewage disposal; Staff comment: The applicant has provided information demonstrating that the proposed lot areas appear to be functional with respect to accommodating dwellings and their associated prilvate services (wells and septic systems). Any future development on the subject lands would require appropriate approval from the Ministry of Environment and Climate Change for a well and from the Township Building Department for a septic system, which would ensure. that it would not negatively impact the quality and quantity of groundwater. Development Services June 3, 2015 Report No. DS2615-051 Page 3 of 0 Page S6 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager 4) Will not have a. nogat' Ive impact on. the drainage patterns in the. area; Staff corhMentAny future residential development will be reviewed by the, Township Building Department where the construdion of buildings andlor structures may be subject to the completion of a. lot. grading plan to ensure water runoff has no negative impact on neigh0ouning properties. 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 develoPrrientbY thi$ Plan; Staff comment'. The lands possess the required frontages on Township roads and no concerns have been expressed from the Township's Transportation Department With respect foaccess. in -Ptann Ing Staffs opinion, the development of these or other lands will not be restricted. h) Will not have -a negative impact on the features and functions of any ecological feature in the area, - Staff comment: Pursuant to Schedule B to the Official Plan, the: lands subject to this application arenot located adjacent to list within . any of the natural feat,ures listed th Environmental Protection One and/or Environmental Protection Two Overlay designations within the Townships Official Plan. i) Will not have a negative impact on the quality and quantity of groundwater -available for other uses in the area-, Staff comment: . The applicant has provided information -demonstrating that th 'e proposed lot are" appear to be functional with. respect to accommodating dwellings and their associated private services (Wells and septic systems). An development o n the subject lands mouldy future. require appropriate approval from the )Ministry of Environment and Climate change for a well and from the Township Building Department fora septic system, which would ensure that it would hot negatively impact the quality and quantity of groundwater. On the basis of the above evaluation, the proposal; in Consent Application 2014-B-23 is considered to conform 'to the Official Plan for the Township. Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Shoreline Residential (SR). The subject lands are intended for single detached residential uses-, Which are permitted* in the SR Zone according to Table Al of the Zoning By-law. Based on information supplied by the applicant and on properly assessment records, this application proposes a severed parcel with a lot area of approximately 0.1 S hectares and a retained parcel of approximately, 0. 15 hectares, whereas the Zoning By-law requires a minimum Jot area of 0.2 hectares. Since the proposed lot areas do not comply with the Zoning By-law,, the applicant will need to apply for and obtain Minor Variances, Development Services June 3, 2016 Report No. 092015-061 Page 4 of 8 Page 3� - 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager Planning Staff notes that the .applicants are proposing to keep an existing. shed on the retained pArcei, The shed appears to be in very close proximity of the proposed severance line and has to the potential to nbtcomply ! with the minimum required side - rear * ' - rear setback of 2.0 metres tor an accessory building-, if the land's are severed, Therefore, the focation of the shed may re4u(re a. MinorVarian-0 r, a It rn t yshied . C o e a a! the could be ternaved or relocated so. as to -comlJIV with the provisions of the Zoning By;,lava County of. $Irnqoe Official Plan, On Schedule 5.A, being the Land Use ] Designations map of the Oou ty Offic aPlan; I P the subject lands located near the :boundary of the Rural & Agricultural designation and the Greenland designation Sect!Qn 3.4.4 of the County Official Plan states that, "The features and designation boundaries sho Wn on the schedules to this Plan are I approximate and ,can be considered, absolute only when bounded by clearly definable natural or Wilt features." 311"100 the subject lands are within an esta ,.b.lished built up : residential cluster,. It is Township Planning Staff's opinion that the tub� of lands fall Within the- RuralA Agricultural designation Of tti; County Official Plan. Section 3.6.11 contains policies that allow for the consideration of residential lots in, rural, areas by consent, and it is the opinion Oni1 on of Township Planning Staff that this application conforms to the Count .8 � - a County Official Plan. As of the preparation of this report, comments have not, been received from the County, but Staff recommends that the Committee have regard for any County: comments that may be received prior to the Committee's decision.. Provincial Pbligyv Statement 2014 JPPS) The intent of the Provincial Policy Statement (PPS) is to build strong and healthy mmunities while at the same time promoting efficient land use and d codevelopment patterns. Lands with the Township's Shoreline designation are considered to be Rural Lands In the context of the PPS, and the relevant policies of the PP -8 are discussed below • Section 1. 1.5 of the PIPS contains policies related to 'Rural Lands in, Municipalities!, and, specifically: • -SectiI on 1 A .5.2 of the PIPS states that permitted uses include, "c) limited residentia development'; • Section 1 A 4.4 states that, '"Development that is compatible With thetural landscape and can be sustained by rural -servioe levels should .6e promoted.", • $ectlon 1,1,5.5.. states that, "'Development shall b -date to the infrastructure - 0 aPProp which is planned oravallable, and avoid the need for the unjustified and/or . n. uneconomical expansion of this infrastructure."; and • Section 1.6.6:4 states that where municipal sewer and water services are not provided, "-..individual on-site s6wage.serVices and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such. services with no negaVve 1 pacts im Planning Staff is of f the opinion that this application is consistent With the Provincial Policy Statement, 2014. Development Services June J, 2015 Report No. OS2016-051 pelge 5 of 8 Page -2 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager Growth Plan for the Greater Golden Horseshoe The subject C jpcl onsentApplication has been reviewed by Planning Staff with respect to the Pieces to Grow policies of the Province. Section 2.2,,9-.3 of th esa pa _,licibs state that "New .,. 10ts for residential development .. may be allowed in a rural are . s in s' ite, Specific locations with approved zoning or designation that permits,this, type of development in a municipaloff.. cial pi i an' As previously stated, this proposal for the oredflon, of a new 101s. considered to conform to the general intent of the Official Plans for the Township and the County. rate Strategie, Goals: Quality of Lide - "To contribute to. an enrio.hed., quality of life for residents. b.maintaining Oro-Medonte's natural beatity arid cQuincharacterike character and by providing opportunities that encourage community participation in activities and:. recreational., programs.0 Sustainability - "Tobuild an increasingly sustainable community with. regard for and sensitivity to theneeds of future generations." Safe & Healthy Community -To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles.' External Relations- 7b be recognized as a 'good neighbour" with.. 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 - "'To continue to improve value -received in the expenditure of tax dollars. as well as maintaining a financial position that is fiscally sound for the Township.0 Consultations: • Environmental Services Division - • Tmnsportation Division - 6 Building Division - Permits required for septic system and any new construction W County. of Simcoe - Attacbments: Schedule I: Looation Map Schedule. 2-0- Applicant's Sketch Development Services June 3, 9015 Report No. DS2015-051 page 6 of 8 Page 39 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager Condlosioni., Develppment Services staff recommends that Consent Application 2004-R-28 be approved subject to the recommended conditions, on'thE01S ' e, b 4 that theapplication conforms to thsTownship'S Official Plan, conforms tip the, County Official Plan; is consistent With1conforms to Provincial policies, and represents good planning having had regard to S6ctldn 51( 4) of the Planning Act. Respectfully submitted; Derek Witlib, lVICIP,,.;RPP Manager, Planning Services SW Approval I Development Services June S� 2415 Report No. OS2015-051 Page 7 of --8 Page /-/0 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager Schedule 1: Location Map N Bass Lake Schedule 2: Applicant's Sketch M ,qzt,tj W,414— A OOq '5 Development Services June 3, 2015 Report No. DS2015-051 Page 8 of 8 Page -Z/,� 6.b) 6:00 p.m. Report No. DS2015-051, Derek Witlib, Manager,... P. Martin Emmons and Lorie Emmons 23 Nelson Street R.R. #2 Orillia, Ontario L3V 6H2 rP 1 1/E May 25, 2015 The Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attention: Adam Kozlowski, Secretary -Treasurer, Committee of Adjustment Dear Sirs: Re: Consent Application 2014-B-23-8 Nelson Street, Oro-Medonte MAY 2 8 2015 ORO-MEDO,NTE We are writing to advise that we have no objection to the above referenced application for consent for the creation of a new lot. We trust that this is satisfactory. t P. Martin Eons and Lorie Emmons PME/nc , 910404.18313/90860819.1 Page '/Z 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager T,c 1, - Xf Report 0/104" ?S_ �'_' Proud Heritagei Exciting Future Report ©S2U1:5-445 TO: Development Services Committee -'No, Prepared By Derek,W.itllb Ma ager Plannirig ;Services Meeting Date: So bledt: Consent 2016-8-08 Motiori # Jane 3,201.4 (Terrance & Laima Keefe) 5 & 7 Greenwood Forest Road Roll. if RI.-Mis. file 4346-010-008-19500 Recommendabon(s).% Requires Action r_v7 For Information Only It Is recommended: That Report No. DS2016-045 be received and adopted, 2. That the Development Services Committee grant provisional consent to Application 2015-13-08 being to permit a technical severance to recreate 2 lots that have merged in title, subject to -the fol lowi ' ng conditions., a) That the applicant apply for and obtain Minor Variances with respect to the lot areas- of the severed and retained parcels; as well as anys- ituaions of non- compliance created as a result of the severance; b) That one copy of a Registered Reference Plart -or suitable reglaterable description of the subject lands be submitted to the Committee Secretary - Treasurer and to the satisfaction of the Township; c) That the applicant's solicitor prepare and -submit a copy of the proposed conveyance for the parcel severed, for review by. the Municip4llty,' d) That ail municipal taxes be paid to the Township of Oro-Medonte and a) That the conditions of consent imposed by the Committee be fulfilled Within one year from the date of the giving of the notice, 3. And that the applicant be advised of the bevelopment Services Committee's decision under the Director, Development Services signature. Background: Consent 2015-B-08 is an application for "technical severance" to "reoreateI 5 and 7 Greenwood Forest. Road (Lots 40.& 41,P-lan, 709 and Parts 13 & 14, 51 R-31905), which Development Services Report No. DS2016.045 page 1 of 10 Page 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager have Inadvertently merged in title. A history. of the properties has beery provided by the I�e en Ownersfi solicitor and is sumMarized as, folloWs: 5� 9 nd Part 14, 61 Greenwood Forest Road is to ally described as Plan 70% LOt 41 a 31905. The Qwnerstookposs6selon of the lot in October 9007. The lot contains a seasonal dwelling, septic sewage disposal system and. well water supply, 7 Greenwood. Forest Road is legally described as Plan 709, Lot 40 and Part 13, 5113 31905, The Owners took pos-' assloh of the lot in December 2014. The lot contains a. single detached dwelling, septic sewage disposal system and well water supply Plan 709 isaformer sul dlvlsjon -datingpri 'orto, the 195ft4 The subditvision was "de� registered" in 1997 through Deeming By-law 97-71, and is no longer a plan of subdivision under the Planning Act Reference Plan 51 R-319%was deposited in 2004, and encompassesthe former er Townshi'p-owned shoreline "promenade area that was part of the original layout of Plan 709 and which has since been conveyed to private owners on Greenwood Forest Road. It is the opinion of the Owners' solicitor that the lots have merged, as, the lands are no longer part of a plan of subdivision and were registered. in identical title upon the Owners taking possession of 7 Greenwood Forest Road in 2014. Correspondence is attached in Schedule 4 of this report.. The recreated lots would retain their r original dimensions of 50 metres (164 feet) of frontage and 0.`l1 hectares (0.27,acres)'of area, Both lots have been previously developed with... single detached dwellings, well water supply and septic sewage disposal. systems. A sketch of the proposed technical severance is at Schedule -2 ofthis .report. The subject lands front on Lake Simcoe and are accessed directly from Greenwood Forest Road, boing .a year-round maintaining municipal road. The lands are designated $horoline by the Official Plan and are zoned Shoreline Residential (, 5R) Zone, Analysis: Staff have reviewed the proposed technical severance withth the context of relevant land division policies, and recommend approval of the application on the following basin: Township. Official Plan Section C'S of the Official Plan (OP) contains policies with respect to development Within the Shoreline Designation. As Section G5 Is silent with respept to severance policies, Staff refer to. Section D2.2.3 of the OP when considering applications for technical severances where lots have merged in title. It is the opinionof the Planning Department Report N6. 092015-045 Pace 2 of 10 Page JW 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager that the requirements of Section 02-2.3 of the OP have teen satisfied on the fbilowing basis.! • Based ori iUfa rmatfon provided by the Owners, solicitor, the proposed lot was pnoa;A separate conveyao.le parcel that merged unintentionally as a result of the lands being registered in. identical title... The lets are of the as shape and size as when they merged, and would be. deemed to. have "legal non-corrip'i)fing" lot areas of QA I hectares. The minimum lo# area required by the SR Zone is 0.2 hectares. • Both the severed and retained lands have frontage onto a public road that is maintained year round by a public authority. • Both lots have. been previously developed with single detached dwellings and are both serviced by existing on-site sew -age and water systems. • The application would otherwise satisfy the requirements of Section 02.2.1 of the OP, Oro-Medonte Zoning By-law 97-95 The subject lands are,zoned Shoreline Residential (5R) Zone, Single detached dwellings are permitted uses. The minimum required lot area is 0.2* hectares and the minitrw Jo*t frontage is 30 metres., Both the severed lands and retained lands have frontages of -50 metres and lot areas of 0.11 hectares. The lot areas Will not com i By-law With Zon ng By 9T95 and therefore,, Planning Staff, t6cQmmMids, as a condition of consent approval, that the applicant be required. to apply for and obtain Minor Variances with respect to the deficient lot areas. Sactlon $1.17.1 provides guidance for development of non=complylng lots, and states OA lot in existence prior to the effective date of this by-law that does not meet the lot area or frontage requirements of the applicable zone, may be used...provided the .use conforms to the By-Iaw and the buildings or structures comply with all other provisions cif thisBy- lave. As the lands have been previously developed and are being re-created to the same dimensions as was previou* existing, staff are satisfied that the proposed technical severance would not further any situations of non-compliance with respect to w(isting building setbacks or lot frontage and area performa 1. _nce standards. County of Simcoe.OfficialPlan The subject lards are designated Rural and Agricultural in the County of Simcoe Official Plan. Section 3.3 of the CountYs Official Plan contains "General Subdivision and Development Policies" arid, specifically, Section 3.3.4 states that "[consents] for the purpose of legal and technical reasons. may be permitted but shall not be for the purpose of creating new lots—".. The proposed technical severance Would permit re-creation. of a previously -existing lot that has merged unintonitionally, acrd `is considered to conform to the policies of the. County of Simcoe Official Plan. Development Services Report No. DS2015-045 Page 3 of 10 Page 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager Places to Grow Growth Plan Section 22 A.2 of the Places to Grow Growth Pian contains policles.for"Managing Growtw-, . in - - - a and states . Section 21AS that "New.., lots .� for residonfial development,... may b.0 allowed fl) rural areas in, site-specific locations with approved zoning or -designation- that permits this type of development in a municipal: official piano'. The PJaces;toGrow Qrowtb Plan does not specifically address applications for technical severances,, and instead. defers to policies within the local municipal Offi+�ja al . J, Fla n. The proposed technic severance conforms to municip-al planning policies and is therefore considered to conform to the Growth Han pollc.ies- PflgZricial Policy -Statement 2014 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 pattiems. Seoffon 1.1.4 "Rural Areas in Municipalitiee is silent with -respect to technical severances, and. therefore Staff refer to policies contained in Section 1.1.1 when c 'den I ion. onsi . ng this applicat" The proposed technical severance would re-establish a Jot that was originally created through plan of subdivision, and has. been previously developed with a permitted use and serviced by existing septic sewage disposal system and well water supply. The 'retained' lot has been previo, , usly development with siritilar use and servicing. The lands would continue to have frontage on an utilize existing municipal road infrastructure, and are of similar shape and dimension of that what previously existed and would be in keeping With thp- Oiaracterof surrounding shoreline deVelopment with respect to lot size and frontage, On this basis, the proposed technical severance is considered to conform to the policies of the Provincial P61 licy Statement, 2014. I Fffiancial / Legal ImpiltAtions.1 RlskVanagement: .1 Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee"s decision. Policies/Legislation: • Planning Act • Oro-Medonte Official Plan • Oro-Medonte Zoning By -'law 97-95 • County of S.1mcoe Official Plan • Provincial Policy Statement 2014 • G rowth-Plan for the Greater Golden Horseshoe 0evOopmont Services R6port No. OS2010045 Paae 4 of 10 Page 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager 1, Corporate Strateglo,:Goals: I Quality of U&e —70 tontnilute te to an enriched quality of life for residents by * Maintain _g Oro ­-Medonte.I s- natural beauty and country-Iike character and by- providing opportunities that, enrourAge Qom-munity Ipation in actiVft -reational programs partle ies and rec Sustainability "To bUtdan increasingly sustainable community-, with regard for and sensitivity to th& needs of future generations."" Safe & Healthy Community — "To ensure that Oro-Medonte policies and . programs promote a safe and -secure environment wiStYle hile encouraging healthy Ie , _ f s.' Township Internal Departments — No obJections. Attachments: Schedule 1: Location Map Schedule ' 2: Applicanfs Sketabes Schedule 3, Site Photos .Schedule 4: Correspondence Conclusion: Development Services staff recommends that Consent Application 201S -B-08 be approved subject to the recommended conditions, on the basis that the application conforms to the OroWedonte and County of Simcoe; Official Plans, maintains the intent of the Places to Grow Growth Plan and Provincial Policy Statement (2014), and represents good planning. -Respectfully submitted ere,k Witlib, MCIP, RPP_ Manager of Planning Services SMT Approval I Comments: ........... Development Services Report No. DM015-045 Page Sof 10 Page, 4t L.AJ(ESIMCOE 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager,... Schedule 2: Applicant's Sketch Development Services Report No. DS2015-045 Rage 7 of 10 Page -119-- ROAD FORFST "- � GREENWOOL 1dsc�} � �'f MERGED Lac*.i �p Ot SAY a LOT 5 GREENWOOD 7 GREENWOOD FOREST ROAD RE-CREATED FOREST ROAD t LOT: 9 N x irk 01 ••. �F, _ C t�rp� Raw s n} t? PART 14� VL X 4% o _ htMV557C 44, s4J_m ------- $ LAKE SIMCOE: Development Services Report No. DS2015-045 Rage 7 of 10 Page -119-- 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager,... Schedule 3: Site Photos Dwelling -- 7 Greenwood Forest Road (looking north on lakeside) Development Services Report No. DS2015-045 Page 8 of 10 Pages o 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager,... Existing development, property posting _ 5 & 7 Greenwood Forest Road (looking south from road) Development Services Report No. DS2015-045 Page 9 of 10 Page S-( 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager,... Schedule 4: Correspondence (Attached) Development Services Report No, DS2015-045 Page 10 of 10 Page 5Z May 1r 201.5 DtLIVERIED Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Attention. Andriar Leigh Dear Ms, Leigh, qi) 6:15 p.m. o. DS20.-I'51,045, Derek Witlib, Manager DOOLEYLUCENTI R A RR is riis a s.oL _j ci-r.o Rs _ MAY 0 12015 ORO -MEM -fl -2 T0Vo-jSV-,,,!P RE: Terrence and Laima Keefe Application for "rethnical Severance" regarding s & 7 Greenwood Forest Roads Oro- Med-onte. Our File No. 81158 Together with this letter ..is an Application for Consent to sever the two properties munidipally known as 5 & 7 Greenwood forest Road, oro-Medorite, This is a. `bEechnlcal severance" in that what transpired is that while Terrence and Lalma Keefe owned 5 Greenwood Forest Road which they purchased in October, 2007, they acgulred title to, 7 Greenwood Forest Road in Decembery 2014, both property were registered in the same name. Since parts 13 and 14 on Reference, Plan SIR -31905 are not separate parcels under the Planning Act, and since Lots 40 and 41 on Plan 709 are not lots on a plan as the said. Plan was "de- registered" in 1997, the properties have "merged. Accordingly, this Application is for the purpose of reinstating the properties as two separate parcels which they have been for many, many years. Dooley Lucent! Pc Daniel Dooley, B..&A, LLB, LLM., C,S.* Drew R. Sincf�Ir, B.A.5c., LL.B. Saly BOteft, BA -6. ,. LL Sabrfria A. Lucenti, 13A. (Hans.), J.D. Jasoh M. Bote.1ho, B.A., Kx, M. Ta nya Ta ylor {ftraleg�i} SCOUR,Falr[M. Erin H. DOratit, B.A. (Pians.)„1,D. Han- Robert K Weekes, 13.A, :LL.B, Counsel Eric: Q. Giorket, 5,k. UB. ErtVily I PliTtkard, D.Sac.Scf. (Plans), LL3., LL.M.. Gerald F_ Norman, B.A., LLB, Counsel David W Lucenti, B.A., J -D. Andrew G. Emery, B, Soc. Sci. (Hoes) J.D, *Certified by the Law Society of Upper Canada as -a Specialist jrl Civil. Littg6tion 10. C , hgekleyStreetiBarrie,'DN,L4NlWI I Tel: 70.5.792-7963.- Pax; 705,7947964 373 Main Street West, North Bay, Qf4. PIB M.. Consultation Office www-dooleylucentixa Page �3 6.c) 6:15 p.m.p o. DS2015-045, Derek Witlib, Manager,... Together with the Application, I have included a reduced copy of Reference Plan 51R-31907 which shows the two parcels and a portion of the residences located on the parcels. To be clear, the severance is only for the purpose of reinstating the parcels as separate under the Planning Act and for no other reason. it would be very much appreciated if you could review the enclosed Application for Consent to determine whether same has been sufficiently completed under the circumstances. The Application is being submitted by me as agent for Terrence and Laima Keefe and the Authorization has been executed accordingly. My cheque for the Application Fee in the amount of $1,000.00 is enclosed. Thank you for your attention to this matter. Yours truly 4IDOEY LUCENTI PROFESSIONAL CORPORATION d E. Norman fm Enclosures Page �51' 6.c) 6:15 p.m. Report No. DS2015-045, Derek Witlib, Manager,... �. Labe Simcoe Region conservation authority Sent by email. dwitlibOoro-medonte,ca May 26, 2015 Mr. Derek Witlib Manager, Planning Services Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Consent 2015-B-08 5 and 7 Greenwood Forest Road Township of Oro-Medonte, County of Simcoe A LVacershed for Life File No: 2015-13-08 IMS File No: PLDC1372C2 Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Application for Consent. It is our understanding that the purpose and effect of this application is to allow for a "technical severance" to recreate lots inadvertently merged on title. Both properties are adjacent to the shoreline of Lake Simcoe and are subject to the associated erosion and flooding hazards of the Lake. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Based on our review of the submitted materials we are satisfied from a watershed management perspective that this application is consistent with the Natural Heritage and Natural Hazard Policies of the Provincial Policy Statement (PPS), conforms with the requirements of the LSPP, and Ontario Regulation 179/06 of the Conservation Authorities Act. As such, the LSRCA has no further requirements as they related to this Application for Consent. If you have any questions, do not hesitate to contact me. Please advise us of any decision made with regard to this application. Please reference the above file numbers in future correspondence. Sincerely, Lisa -Beth Bulford, M.Sc. Development Planner LBB/ph S:\Planning and Development Services\Planning Act\Planning Act Applications\Oro-Medonte\135352 5 Greenwood Forest Road\05-26-2015 Bulford Oro Medonte 5 Greenwood Forest Road 2015-B-08 PLDC1372.docx 120 Bayview Parkway, Box 282 1 Tei: 905.895.1281 1.800.465.0437 i Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 i Fax: 905.853.5881 E -Mail: Info@LSRCA.on.ca Proud winner of the International Thiess Riverprize 1 MemberF,i4g(e-r _�_-- Ontario S- 6.d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Plan... TZ chip Report ,F. U t Proud Hirita Ifire sex .Exciting Report No.. DS2015-047 To: Deve.lopment'Services Prepared By. Adrianna'Spinosa, Committee Planner Meeting Date; Subjeft. Motion # ,dune 3,2015 Min.00tariance Application 4 2015-A-1,r.PI Danielle Pander & Colin Leslie 9 Woodland Crescent Roll 4-346-010-001-08400 J RAS. File #: D13-48994 [ Recommendation(s): Regia res ActiQnFX-1 For information. Only� I It is recommended: 1. That Report No. Q$2015-047 be received and adopted, 2. That Minor Variance Application 2015rA-112 by D. Fender & G. Leslie, specifically to permit an accessory bui* IdIng (approximate floor area of 66 square metres (708 square feet)) in the front yard with a reduced exterior side yard setback of 14,6 metres, ori lands located in Plan 1689, 'Lot 1. (Orp), Township of Oro-Medonte, known as 2 Woodland Crescent, be approved. 3, That the following conditions be Imposed on tho Gmmittees deal' , 0 SIO " nU a) That notwithstanding Section 5.1.3. and Table B1 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning Bylaw; b) That the proposed build.ings/structures and landscaping on the property be substatifially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the c) That an Ontario Land Surveyorprovide verification to the Township that the location of the proposed accessory.building Is in compliance with the Committee's decision. by 1) pinning the foundation wall; 2) verifying by way of survey/real property report, prior to the pouring of the footing and if no footing,. the foundation, and d) That the appropriate Zoning Certfficata and Building Permits be obtained from the Township only after the Committee's decision becomes final and bincring, as provided for within the Planning Act RS.O. 1990,-c.P. 18. 4. And that the -applicant be advised of Council's decision under the Director, Development Services signature. bevelopment services June 3, 2015 Report No. D$201s-647 page I of 6 Page � 6.d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Plan... Background: The subject Property is 0.88 hectares (2-18 acres) and oontain'';-s a single detached dwelling and a detache garage. The applicant plfca t is proposing to.. demolish themasting garage and don8truct a new one in its place. The existing garage is located 40.75- metres (133.7 feet) from the front lot fine and the dwelling .is: located 66.3 metres (184.6 feet) from the front. lot line- therefore, the existing garage does not comply with Section 5.13, However, non-comng structures. tructures. maybe replaced Without requiring a minor inor variance -approval, provided, 4 complies with. "A non-complymig building ..> maybe replaced... provided that the replacem- en V a) 'does not further encroach into a required yard;. b). does not increase the amount of floor area or volume in a required yardf, c) does. not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this Bp --Jaw," ($ection 5.16, 1) Since the structure is changing from a flat roof to a gAble roof, the replacement violate$ 5,16,1.b. as. it would be increasing the volume in a required yard and. therefore requires a variance requesting: the following relief from By-law 97-95: 1.. Sec*tion 4, Table. 131 — Minimum exterior side yard setback for RQR1 Zone Required: 1,5.0 metres (4912 feet) Proposed-. 10.6 metres (35 feet) 2. Section 5.1.3.a — Detached accessory buildings shall not be located in the front yard. Proposed: Replace an existing detached -garage in front yard (same footprint) Analysis: Provincial Policies The policies of the Growth Plan for the Greater Golden Horseshoe have been reviewed and do not affect in the Context of the -proposed development. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Sections: 1.1.5 — Rural Lands apply to this application, These sections have been reviewed and Staff is of the opinion that this application is consistent with the policies in the. PPS= The Planning.Acts Four Minor Variance lqgs 1.. Does the variance conform to the generalintentof the Official Plan? The subject lands are designated Rural Residential in the Townshipi's Official Plan, and lection C4 of the, Official Plan contains policies related to the use and development of lands in this designation. Permitted uses include single detached dwellings and Development setvices Juno 3, :ioi 5 Report No. DS2016-047 Pons 2 o 6 Page ST 6.d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Plan... accessory usea, The Official. PlaWs stated objective (Sectio 04.1) of-th R n a . u-ral Residential, designation Is, to "recognize Wds g estatec fin , Writry estate. and chalet residential developmontsIn the Township.,- The proposed detqtchad,garage is accessory to the sin.916- datached dwelling whfo'h4s. a perm ted use. Based on the, above. the re,questpd dances c VA the Official Plan. 2. Does the VariallCe conform to the generalintent of the Zon i . ng By-law? 3, Is the variance appropriate for the. detitable development- of the lot? The sub*t property is zoned FJuralResidential One (RUB 1) Zone in the Township's Zoning By -taw 97-95. According to the Township's Zoning By-laws an accessory building is permitted . porsuant to Section Sil. The proposed deve.lopmentof the lands would comply with size ani hel ,ht requ-reents, but regi Tres relief from, the exterior side yard setback and relief from the Committee to permit the ' a reciDnsiru -ti.on in the front yard.. The Zoning By4aw does not pertnit detached accessory bulldings, to be constructed in front of a dwelling. for propetties zoned RUR1 - ho waver, such structures may be in ftne with the house Or localod behind it (.Sedion 5.1.3). The By -lag's Intention to restrict the location of a detached garage, is to ensure thatthe dwelling remains the primary focus from the s1reetscape,. in discussions with the applicant, staff acknowledge that there is no oppdr . tunity to re -locate the garage to a permissible locationon the property When taking into consideration the location of the septic system. The existing garage Is in poor condition and the replacement may improve the appearance of the streetscape from Woodland Crescent. The Zoning Ily-law contains.sta I ndafds for the Rural Residential One (RURI) Zone (lie. larger lot area; greater setbacks, etc.) that wire intended to achieve a more rural.. estate= style lot cha racte r. consistent with Section C4.1 of the Official Pla' n_ The .By-JaWs intention of having a,15 metre exterior side yard setback requirement is to maintain the estate character by pushing development away from the street. In the case of the subject property, the proposed development it to replace an existing structure and therefore 01 have little to no new impaot on the character of t'hearoa, In addition., Staff note that the property is heavily tread along the exterior side lot line which cont6bute to bufl`4 the doyelopment from the street (Bidwell Road). For the reasons outlined above, the requested variance Is considered to- meet the general intent of the Zoning By-law, acrd would be considered appropriate for the desirable development of the lot, 4: Is the variance minor? As the proposed vacrianoe is related to the construction of an accessory building 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 forthe 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 June 3, 201 S' Report No. DS2015-047 Pane 3 of 6 Page SI -61 6.d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Plan... Financial I Legal Impli,cations I Risk MahagomortL- Potential. financial and 'legalirppllcatffonss-shodd-tha - decision of the CoM mitteo of Adjustment be appealed t6 the Ontario Municipal board and Council chooses to -defend the Committee's decision, Policiles/Legislation: Planning Act, R,S.0, 1990, c.P.13 • PfoNtincial Policy Statement, 201.4 Growth Plan for the Greater Golden: Horseshoe, 2006 • Lake 81mooe Protection Plan Township of: Oro-Medonte Official Plan Township of Oro-Wedonte Zoning By-law No. g7-95, as amended County of Simcoe Official Plan c -Goals; Qualay of Life —To contribute to an enriched quality of life for residents by maintaining Oro-MedonWs natural beauty and country -like character and by providing opportunities that encourage community participation In activities and recreational program . s. Sustainability— - To Wild an increasingly sustainable community with regard for and sensitivity to the needs of ftiture generations, Consultationsi, Internal Departments were circulated the application and as of the writing of this report, no comments have been received, Attachments: Schedule 1: Location Map Schedule 2.: Applicant's Site Plan Schedule 3: Floor Plan & Mevation Based on the plan submitted, Planning Staff recon mends that Variance Application 201&tA-11� be approved, specifically, to perm the replacement of an accessory building, on the basis that the application appears to meet the. four tests of the Planning ACL Re ectfully submitted: rianna Sposa. Planner I SMT Agmroval'/ Comi Development. 56WIces Report No. 0$2016-047 Reviewed by: `162' ..Manager, Manager, Plannfnq Services June 3, 2015 Paus 4 of 6 Page S? 6.d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Plan... Schedule 1: Location Map 2015-A-12 (Pender) Location Map; 0 0 A mN Q Z W W 7 LZ7 r W Z BOWELL ROAD Subject Lands Schedule 2: Applicant's Site Plan 2015-A-12 (Pender) aw v_ Fe i IWN 570.39 45.E 456.13 (P) ::R n r� 4� N 2 1 so 04, :d.S: d S.t�. � N 58° F . A f_ r1 Garage to be replaced Development Services Report No. DS2015-047 June 3, 2015 Page Page 5 of 6 c_ a CT i w o f 1 84 3 t 0+ FI� SOf0�� 0 ty r~ _s `_ r ' P o 133.7' I r 49.0 z 350 i3U 00` 123 41' fd..S.1. B. ff 458.3s June 3, 2015 Page Page 5 of 6 Schedule 3: Floor Plan & Elevation 2015-A-12 (Pender) i21DGl= in MEAN. FIEIGI TOP OF PLA7`A. UNDERSIDE Of: YESi 6► c4 TOP OF FOUND-A7IQ_N GRADE - - - - 6.d) 6:30 p.m. Report No. DS2015-047, Adrianna Spinosa, Plan... I 301-011 2 PLY 2X6 SPF*2 LINTELS OVER WINDOWS it MAN DOOR 1 m x E 1 n -h 9 n X _f NI N; � r 1 i 1 4 PLY L -15"x11.815" L VI- 2.GE ' 4 - 2XIO SFFO* Development Services June 3, 2015 Report No. DS2015-047 Page 6 of 6 Page ,tr 8.a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Z... T Z 7f Report (WGZ&t"M� Prood Heritage, Exciting Fatare Report No, Tot Prepared By., DS2015-048 Development Servipes Adrianne Spinosa, Committee Planner Meeting Date: Subject- Motion # I June 3i.., 2015 Zbnlrg By-law Amendment 2015-Z13A-0 6 (Owen Estates) South- Shore Homes Rol #* R.M.S. File M. 4346-020-004-12001 CON 114, S PT LOTS, RP D14-48854 5188587, PART 1 Township of Oro-Medonte Reopmmendotion(s): Requires ActionF-1 For Information Only lAl It is recommended: 1. That Report No. D8.2015-048 be received and adopted; 2. That Zoning By-law Amendment Application 2-011,5033-06i be approved to rezone the subject lands shown on Zonihg By -law -95' Schedule "A21" 97, Zonin9 by changing the zone symbol. applying to Lot 28 within the draft approved plan, from the Residential One Hold (R1 (H)) Zone to the Residential One Exception 258. Hold (Rl*258(Hwn o )) Zone, as shod Schedule le 'A' of proposed By-law 201 5- 100; 3, That Zoning By-law 97-95, Section 7 be amended by adding Section 7.258 With, the text as showri on proposed By-law 2015-100; 4. That the Clerk bring forward the appropriate by-law for Councills consideration; and 5. That the applicant be advised of the Committee's decision under the Director, Development Services signature, Background The lands subject to this. application are located in Part of Lot 5.., Concession 1.4, South of Warminster Side Road, between Line 13 North and Highway 12 comprising ,8.88 hectares (21.9 acres) of Jared. Development Services .- J - une 3, 1015 Repot No, DS2015-048 Pacie I of 7 Page (OZ 8.a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Z... The property has; been the subject of the following. Planning:titters ers- SubdMajon Appticatlon.,�.Q-I 1 -SUB. -02 was draft--appTovedby Council on-JU-ne 6, 2012 to perm! . t Owen Ettates Subdivision consisting of 29 single -detached i resdp0#41 lots, Each 'at the 29 lots will front. on resident - a now- publio,- road and tf�e entrance to the su4divislon will be from Line 13. Notth- there will not be, c any a oints TI access p onto Highway 12% Zoning By-law Amendment Application 2011 =ZBA-! 0 was granted by Council on Jone."26,201.5 to rezqne the parcel to Residential, *Qne Hold (RI(H)) Zone andopen Space Hold (OS (H)) Zone. a The approved plan has frontages ranging from, approximately 30 metres to 38 metres and lot areas ranging from 0.20 hectares to Q,.38 hectares — with the, exception of Lot 28, having a frontage of approximately 26 matres. Draft Plan Extension was granted by Council on April 8, 20115 to permit an 1.8 month extension (January 3, X017) to the draft plan approval from the previous. lapsing date.. The purpose and effect of the proposed Zoning By-law Amendment (2015-ZBA-06) is to amend the zoning of on. 1, t elo within the Draft Approved Plan. The Amendment has been requested to rezone Lot 28 to a site-specific Residential One Exception (R1 *) Zone to permit a lot frontage of 26 metres, The Zoning By-law requires a thinimum of So metres frontage forlots within the Residential One (M) Zone and the site-specific zoning for Lot 28 will allow the -applicant to continue to work toward fulfilment of the Draft Plan Approval Conditions. A map depicting the Too-ation of the subject lands (Schedule 1), .and a copy of the applicants site plan including the lands to be rezoned (Schedule 2) is hereto attached to, this report. Analysis: Provincial Policies Provincial Policies have been analysed as part of the previously approved 2011 -SUB-02 and 2011 -ZBA- 10 applications. The & 201:4 PPS PS identifies 89ftlemebt areas to be "the focus of growth: and development, and their Altarity and regeneration shall be prornotecr' (Section 1.1.3).. The Growth Plan for the Greater Golden Horseshoe (Places to Grow) encourages municipalities to "plan fora variety of cultural .. opportunities within rural settlement areas to serve the needs of rural residents"' (Section 2.2.9),, Since the zoning by-law amendment application is intended to recognize a deficient lot frontage for Lot 28 within a previously approved plan, Staff- are of the opinion that the site-specific amendment is consistent with Provindiai Policies, Development Services June . 2015 . Report No. DS2015-048 Pa-ge 2 of 7 Page �03 -- 8.a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Z... CoUnly of Simcoe Official Plan The subject lands are des designated Settlement In the Simcoe, County Official Plan. Section 335 of theCount. Official Plan -.contains policies relating to the Settlement n .and identify that compact development shall bd pro-mot6d (Section 3.5-9) and development of a compact urban fore . that promotes e fficient use of land is an objective (Section The proposed zoning by-law amendment would c - form on to the County Official Plan. TownshjO of Oro-Medonte Official Plan The Subject- Lands are. designated Rural Settlement Area within the Township's Official Plan. Section 03 of the Plan contains policies relating to the Rural Settlement Area designation and permitted uses.includelow density residential I uses, The development is considered appropriate, -and the proposed zoning by-law amendment would confon-n to the objectives of the Official Plan, Zoning By-law 92-95 As previously iously mentioned,. the lands in this Draft Pn .Plan of subdivision, are currently zoned Residential One Hold (R1{H)) (H)) Zone and Open Space Hold (08 (H)) Zone.. Table B1 of the Township's Zoning By-law Identifies standards required for Residential Zones, such as lot frontage. The By -;law requires 30.G metres of frontage for the R1 Zone., Lot frontage as defined in faction 6, "means, the horizontal d- Istance between the interior side and/or -exterior side lot lines., with such distance being measured perpendicularly to the line joining the mid -point of the front lot line with tho mid -point of the rear lot line at a point on that line eight metres from the front lot line." Lot 28 within the plan Is irregular in shape. in that the two side W. lines do not run parallel to one another. This irregularity lead to a -miscalculation at the time that the original plait was reviewed by an Ontario Land Surveyor, resulting in a 26 metre frontage for Lot 28. The -application Is. not proposing to change What was previously approved by Council rather, to recognize the 4 metre deficiency. On this basis, Staff are of the opinion that the reduced lot frontage is a technical matter that is minor in nature and does not adversely affect the overall functionality of the proposed subdivision. The proposed zoning by-law amendment would modify Schedule 'A21' to -revise the zoning fabric of Lot 28 from the existing Residential One Hold (R1 (H)) Zone to :Residential One Exception 258 Hold (R I *258(H)) Zone. Exception 258 will recognize the reduced lot frontage of 26 metres. Financial I Legal Implications. I Risk Management: Potential financial and legal implications should the decision of Development Services Committee be appealed to the Ontario Municipal Board. Developmeht Services June 3, 2015 Report No, DS201 6-040 Page -3 of'7 Page 8.a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Z... Policfes&gfilation.- • Planning Act, R.S.O. 1990, . c­�P. 13 • Provindial Polley Statement. 2014 • Growth Plan -for the Greater Golden Horseshoe • Lake. Simcoe Protection Plan County of, Simcoe Official Plan • Township of Oro-Medlonte Official Plan Township of Oro-Med0hte Zoning By-law 97-95, I Corporate Strategic Goals: - ----- — Quality of Life — To contribute -to an enriched qu My of life for residents by maintaining . d a I Oro -it edonWs natural beauty and county -like character Sustainability — To build an increasingly sustainable community with regard for and sensitivity. to the needs of future generations, Consultations; The zoning by-law amendment application and Notice of Public Meeting was circulated to all landowners within 120 metres (400 feet) of the subject lands and to external agencies in, accordance with Section 34 -of the Planning Act. Internal Township Departments were also circulated for comment. A Statutory Public Meeting was held on May 6, 2015. No oral or written comments were received at this meeting. As of the preparation of this report, the Development Senfices Department received comments from the Ministry of Transportation indicating that there are no concerns and that MTO approvals for the subdivisions overall development are as per the draft 1 -1 approval conditions and notes. Further, no objections or concerns werereceived from internal departments. Schedule 1: Location Map Schedule 2t Draft Approved Subdivision Plan Conclusion. - The Zoning By-law Amendment application proposes. to: rezone Lot 28 p within the Owen Estates subdivision to Residential. One Exception 258 Hold (111 *258(H)) and to make the associated amendments to the text contained In Section 7. This rezoning is required Development Servfces June 3, 201 -5 Report No.. 092015048 Page 4 of 7 Page 8.a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Z... for the developer to continue - to Wort towArd the fulfillment of draft plan approval conditions, expiring J*anqa.rV -3, 2017� The pr6posed Zoning By-law Amendment conforms to the OroWedon and Simooe te a County Official Plants; Is consistent with applicable Provliwial policies and Plans, and does. trot propose an new land uses or developm nt on the s., Is Y e ubject land It le recommended: the Zoning By-law Amendment Application 2015.2 BA -06 be adopted opted by the Develophient Services Oommittee and that By-law ,201.5-100 be passed by Council, Respectfully submitted: Adfianna Spinosa Planner i SMT Approval / Comments: Reviewed by:, Derek Witlib, MCIP, RPP Manager, Planning Services DeVelopment. Services June 3, 2015 Report No, OS2015-048 Page 5 of 7 Page `� Schedule 1: Location Map 2015-ZBA-06 (South Shore Homes) IN �Subject Lands Development Services Report No. DS2015-048 n Estates) 8.a) Report No. DS2015-048, Adrianna Spinosa, Planner, re: Z... I VA 7 �N June 3, 2015 Page 6 of 7 Page6-�� a) CD -CD tib M 00 =r < (D NOIS Cn CD 00 1 a t�Nryt c t CD LO 0) C:) K)o -4, Own rz.,z WW4 4 U) 2) (CD) 0 pp M Q) 7�7 cj) < CD 0 V VON SIA 95 av()H VNIT CL o ry n 0 cn 42 Sa 00 < W leg.: y co 0 �Rv gm oz of k0om ti a. I tp ola 1.1tv 4 C- M . �6, (C) M 0 goo dflil 0 (D 0 (ASA Ism As XWC3 -4w A' AN),IWI OL J3--MS IF IVYd 8.b) Report No. DS2015-049, Andria 1, 'rector, Developm... Report Fmiud Ha*age,Exciting Future Report.No. To*- Prepared BY; DS2015-049 Development Services Andra Leigh Committee Director Development Services Meeting Date! 'Subject.- Motion.. # June 3,20116 OfficloWlan Amendment 2014-0PA-01 and Zoning Roll #: KW& File By low Amendment 4346-010-006-0950 0, 2014-ZOA-02 (Lovers Harbour D09 4720 1 4346-010-006-09600, Inc. & Mark Porter) 208-302 & 4346-010-006- Shanty Say Road 09700 Recommendation Requires ActionF_—_1 For Information Only It is recommended that. - 1. That Report DS2015-049 Re., Official Plan Amendment Application 2014-OPk01 and Zoning By-law Amendment Application 2014-Zl3A-02 affecting 298-302 Shanty Bay Road, Township of Oro-Madonte, for Lover's Harbour Inc. and Mark Porter, be received and adopted; 2. That Official Plan Amendment 2014-OPA-01 being to re. -designate the subject lands from the, "Rural" designation to "Rural Exception"; on Schedule A of the Official Plan, and to amend. the text of, Section C2;4 'by adding Section 02.4.2 to the Official Plan as a site-specific policy on the.,subject lands, be denied. 3. That Zoning Bylaw Amendment Application 2014=ZBA-02, that would rezone the subject lands from the Residential One (141), Local Commercial (LC), and Local Commercial Exception 116 (LG -*1-16); Zones to the Residential One Exception (Rl*) Zone to recognize a site specific minimum.. lot frontage e and minimum lot area requirement and to the Residential One ExcepbQn Zone to permit personal storage space, mutli-residential building With two residential apartments,, a reduce minimum lot feontgge, rpd-Uce lot area, and minimum front yard setback on the subject lands as identified on Schedule A15 to Zoning By-law No. 97-95, be denied. 4. That the Applicant be notified of Council's decision under the Director, Development Services signature. Development Services June 3, 2015 Report No. DS2046-049- Page I of 12 Page (09 Wickgrourid.- Leiqh, Director, D- •• Property Description The subject lands are located at 298-302 S hanty Bay Road, which is I legally descelbed as Plan. I, Pt Lot 16 131k- -37843, Part 1, and Pt Lots 16 and Pt Lot I 6� Pt -Hand RP 51R 163 F1 131k H, Township of OrolMedonte. The application includes two properties that .have -a total 10 area of 0,7 ha. (1.73 acres),_ a lot frofitage -along Shanty Bay Road of 106 metres, and a frontage afbng Colborne Street of 68 metres. The lands subject to IWIs application are comprised of two legally distinct properties. The first property contains two detached residential -dwellings, p . no corn miialerd' building with 2 resident! . al apartments above, andseveral accessory buildings. The other property contains one accessory structure (which was oonverted from a single detached dwelling in 2011). The surrounding lands uses include waterfront properties with dwellings, a commercial building with multiple units including an auto body repair ship, and a range of single d etached dwellings. The lands subject to the application are designated "Rural" in the Township's Official Plan and zoned, Residential One (R1) and Local -Commercial Exception 116 (I -C * 116) Zone in the TownshiWs Zoning By-law 97-95, as amended. The purpose of this report is to consider proposed applications to amend both the Township's Official Man and Zoning By-law 97-95. Development Proposal This report considers the applioa ' tions submitted by Innovative Planning Solutions on behalf of Lover's Harbour Inc. and Mark Porter f . or amendments to the Township"s Official Plan and Zoning By-law 97-95 affecting lands located at 298-302 Shanty Bay Road. The applicant proposes the redevelopment of two existinglots by consent proposing the creation of a total of five residential lots of similar size, with, the one lot being -recognized for its existing structure that contains two apartment dwellings and a main floor personal storage use. The Official Plan Amendment application 2014-OPA-01 proposes to re -designate the subject lands from the "Dural" to the "Rural Exception" designation in order to facilitate multiple residential severances. The proposed ZbnIng $y -law Amendment application 2014 -MA -02 proposes to re -zone the subject lands from the Residential One (111) and Local Commercial Exception 116 (LC*1 16) Zones to the Residential One EException, (RI Zone to recognize reduced lot frontage and lot area requirements for the proposed residential lots and to rezone the existing, commercial property toa residential zone while continuing to permit personal storage use -on the main floor of the existing building and two residential apartments on the upper floo r. Development Services June 3, 2015 Report No. DS2015-049 Page 2 of 12 Page 40 8.b) Report No. DS2015-049, Andria More, specifically the details of the amendments -are as-foIlows., Leigh, Director, Developm... 1. Official Plan Amendment (OPA) 2014-OPAm01 The text of Section 02A -- Exceptions would be- modified to add a new slte�.speciflc policy that would permit the severance of the property for three new residential lots to be created with [of frontages of 21...0 metres and jot areas of 0.12 hectares resulting in a total. of five residential lots. 2. Zoning By-law Amendment. (ZBA) -20-14-ZBA-05 The ZBA proposes to rezone the subject lands to a site speciflo Rural Exception (Ri Zone that would recognize a series of zoning bp -law deficiencies including lot frontage, ritage, lo area, and would specify t . perm itted uses that are existing and proposed. The. Official Plan, policies that apply to all of the subject lands are, contained in Section 02.3 of the Plan. Provincial Policy Statement 2014 (PPS) The Provincial Policy Statement (PPS) provides direction to municipalities in Ontaino for appropriate land use planning and development, "While protecOhg pesouroesof p prowncial interest, public health and safety, and the quality of the naturglenvironmenf. The intent of the. PPS is to build. strong and healthy communities while at the same time promoting efficient land use and development patterns. The following PPS policies are applicable to these applications... The PIPS states in policy 1:1.I(b) and 1.1.2 that the Township will have sufficient land made available to; accommodate an appropriate range and mix of residential, employment (including industrial, commercial and Institutional Uses) recreational and open spaces to meet long term needs. Due to their being sufficient land available throughout the Township within identified -settlement areas and in accordance VVIM the land budget and population allocations identified, the creation of new residerifial lots outside of a Settlement area would not meet the intent of this policy, Policy 1.1.3 contains policy that state settlement areas shall .be the focus of growth and their vitality and regeneration shall be promoted.., The proposed severance is located outside, of a settlerinent aroa and therefore it is not considered to be consistent with the Provincial! Policy. Statement. Section I A .4.4 of the PPS states that "Growth and development may be directed to rural lands in accordance with policy 1. 1.5 .." Section 1.1.5..2 states "On rural lands located in municipalities, permitted uses are: (c) limited residential development' and 11.1.5.4 states, "Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted," Development Services June 3, 2016 Report No. DS205-049 Page 3 of .12 Page :;4 8.b) Report No. DS2015-049, Andria Section 1 .8.6 identifies the preferred meansof, servicing for Jnr Wjg6QM P-ggq& elopm... subject to the servicing hierarchy, Section 1.6.6.6 may allow lot -creation once servicing is confirmed. Places. to Grow - Growth Plan The applications- have been reviewed w44 reference to the Places. to Grow policies that hove .been in place since 2006, In Polipy 22,2 Managing Growth subsection f i) states that development,shoUld be directed to settlement areas. As stated above, the subject lands are not located in aseftlem-ent area Identified in, either t ,h, e. Coo4y or Township Official Plan and therefore the proposed residential development would not be Within, a settlement area as. required by Places to Grow. The subject lands are located in the "Rural Areas" as defined' d by the Growth- Plan, In accordance `with Section 2.2.9i3 "New multiple lots and units for i resential d -d evelopment will be directed to -settlement areas, and may t)e allowed in rural areas inJ locations with approved zoning or designation site-specific on that permits this type of development in -a municipal official plan, as of the effective date of this, Plan." As stated, the proposed residential developmerit is not located With)n a settlement area, and is within the Rural designation in the Township's Official Plan which only permits limited residential lot creation if the -lands subject- to the consent have a minimum lot area of 36 hectares to create one residential 16t. On this basi's the subject Jandsare, ithl n a r w located ural area. c that did not have approved zoning or desi19 nation that permitted the type of development proposed, as of the effective date of the Growth Plan, which is the purpose of this application to amend the Official Plan, Based on the above the application to amend the Official Plan., would not conform with the Places to Grow Growth Plan. County of Simcoe,Official -Plan The subject lands are designated "Rural" in the County of Simcoe Official Plan and is subject to both the Rural policies contained in Section 16.7 in addition to the policies contained. in Section 1-6.11. As the subject lands contain frontage along, County Road 2-0 (Shanty Bay Road) the applications are also subject to thepolibles Contained in Section 4,8.2.5 that restrict entrances from a. County Road to residential lots., created after June 30, 1996 except In accordance with County By-law 5544. This By=law states'"New entrances shall not be permitted to individual lots created on County Roads following June 30, 1996, except in urban settlement areas designated in Official' Plans.' The, subject. lands are not within a settlement area designated in the Townships Official Plan. The By-law further states that "where a subdivision or individual lot fronts onto both a County, Road and a Local Road:, the entrance will be from the Local Road, where feasible." The tots proposed to be created through these applications should have frontage on Colborne Street. There are currently three accesses from County Road 20, including a commercial entrance that will be reclasaffied to residential through the process.. The additional lot proposed to be created at the intersection of County Road 20 and Colborne Street (Lot 4 on Conceptual Site Plan) will require a new access. from Colborne Street Development Services June 3,2015 Report No. DS2015-040 Page 4 of 12 Page _7Z 8.b) Report No. DS2015-049, Andria op The County of Simcoo is the approval auth rit'. fqr- -amorldmen6p @Wy _Welm... Official Plan, and was 1raplatod for comments on the Proposed Official Plan and Zoning By-law, Amendments, comments were initially received on March. 2'8, 2014 Vi , th additional cot ments -welved on December 5, 2014. As a result of the input recolved'. at the Public Meeting in December 2()14, the a0p0cant, revised their application on Apfil 10 201.5 to remo e the proposed corn erciaapse .1 ­ N m -1of proposed Lot S.- This revised site, plan was. circulated to the County, of Sim-coe who confirrr revised the technical nature ot the ied their support for the sed plan with respect to t Ica proposal and their conditions. Section 3.6.7 of the County Flan -states that in roral areas, uses permitted are those listed in Section 3.6.6 plus, highway commercial, institutional, residential lots created by donsent, country recreational facilities, country residential .subdivisions to a maximum of 4 . 0 IQI(s, androral business parks, The proposed development applications seek -to create a* total of five (6) residential lots by consent. Section 3.6.11 states that in rural resident' area s, country I development through la subdivislon by Plan., rather than consent, is. preferred,. However., lots may be created by consent according t the following, guidelines: Idelines. a). Lots should be restricted in size In order to conserve other lands in larger blocks., for- agricultural oragricultural or environmental purposes. Consent lots Should be developed to an approximate -maximum size, of one hectare., except where larger sizes may be suitable because- of environmental constraints or design considerations. b) The number of lots on the grid road system should be restricted in order to maintain the rural character And road function and, to avoid strip development 6) Iri geographic areas sot out in local official plans, provision may be made for residential lot areas larger than I ha. where required for setvicing, purposes,, environmental considerations, or to maintain established lot and development patterns, These applications propose the creation of lots by consent and also seeks torecognize lot frontage and lot area requirements that are lower than the Township's minimum requirements contained in the Residential One (141) Zone,The number of lots proposed in total is five with three fronting onto County Road 20 and two fronting onto Colborne Street. Section 3.4.1 of the County Plan states that where the poticias of the local municipal Official Plan are considered more restrictive to development than the policies of the County Official Plan, the more restrictive policies shall apply. Due to the Township's Official, Plan policies being more restrictive for lot creation in the Rural designation, the Township's policies apply.. On thin basis, the proposed development generally would not conform to the policies Of the County Official Plan. Development Services ,June 3,2016 Report No. DS2015-049 Page 5 of 12 Page Lake Simooe, Prote offlon, Plan 8.b) Report No. DS2015-049, Andria Leigh, Director, Developm... The L8RCA reviewed the applications in the context of the PPS and I -SPP, and based on, the existing envirbn0i ental mapping LSRCA staff have.confirmed that the Subject properties. are located outside ot any natural h . azord lands, an y natural heritage features, and any area governed by 0- ntano Regulation 178106On this. iasis, the L$RCA had no objection to the approval. of the applioationa as statedintheir April 17, 2014 correspondence. Township of Oro-Medonta Official Plan The Township's Official Plan provides the basis for considering all growth and development in theTownship. The Plan contains policies Intended to guide land use decisions for the Township for the. next twenty years. The Plan establishqsa vision for the Township which is intended to preserve the quality of life, protect. the rural character and natural', heritages features, and maintain the open: countryside which makes up the Township. The rural area is considered to, be an asset to the community and itis the intent of the Official'Plan to protect this by only encouraging development in the rural area that is compatible with the open space and natural character of the area. Asthe Plan designated sufficient land, for residentialuses, amendments to the Plan to permit such development, unless specifically anticipated by the policies of this plan, may only be -.considered by Council if they are the result of a broader review. policy I -ew, As discussed in more detail in this section, the proposed application is a- sits specific amendment which, was not anticipated by the policies of the Plan and is not the result of a broader policy review. The subject property is designated '"Rural" by the Official Plan. The permitted uses within the "Rural"designation include single detached dwellings, home occupations, and Bed and Breakfast establishments. The objectives of the Rural designation are to, Preserve andpromote the rural character of the Township and the majfgenanC6 of the open space. Prevent the intrusion of land uses which are incompatible with the rural character and/or* resource activities of the area It is for these purposes that Section C2.3, contain policieswh- ich provide direction regarding the creation of new lots for residential purposes in the "Rural"` designation, Section 02.3,1 states that only one new lot can be severed from a lot in the Rural designation that .has an area of at least 36 hectares oris-thewhole of an. original Township lot provided a- lot has not been served from the parcel after March �6, 1913. The subject land does not meet both of these policies which is the purpose of the applicant applying to the Township for consideration of re-designatidn the lands to permit a residential severance. The total lot size of the lands to be severed Is approximately 0.7 hectares. Therefore, any proposed severance of the lands would not conform with the Intent of the Rural policies. The purpose of establishing a minimum requirement of 36 hectares is to Development Services Report No, DS2015-049 June 3., 2015 Page 6 of 12 Page 4q ensure that the ruTal- character is maintained by limllirnb Andria future gromb- being directed towarda the settlement areas of the�eelopm... It 11 if In, terms of road access the subject lands front onto both County Road V yBa, Roo( and Colborne Street, which is arritinilcipally.maintalhed road. Section b 12' 3 -o -f the. Planstates: that dire, ct - County access to these roads maybe permitted subject to the of $Jmcde,polky. As stated 16 the County of Simcoe section of this- report, the access points to the swjest . lands already existing on the County Road, and the additional access. pints will be provided along the Colborne Street Frontage. Based on. the,above.,,the proposed applications would - p not conform with the Intent of the p6liciesIn Rwalda$tl)on--f the TpwnshipOfficial Plan pollens in general. The Township has received requests for Amendments to the Official Plan: for Rural Exception desJgnatlons in order to permit residential lot creation and while each application; Is -assessed on Its own merits, there is a 2010 application that was denied by Council and appealed to the OntpdjO Municipal l3oard (OMB). The OMB decision from P-01 I confirmed that the proposed re -designation -to a Rural Exception !on designation to permit lot creation was oontrary to the relevant provisions of the, Planning A6 -t, and did not conform, with the intent and purpose of the PPS,. County.. and Townshi Official Plans. V In considering any application for an Official Plan Amendment, consideration of Section E1;7' -Amendments to the Official Plan is required, This section states that a -t the PI n is intendedto in anage -change in the Township for the next 20 years and that the Plan identifies enough land for residential, commercial, and industrial rial uses until the year 2022. On this basis, the policies state that the Plan should only be -amended when the policies have been found not to address issues nor issues have, been raised with a site- specific proposal that are required to be addressed in a GOMprehensive, manner. The proposed application for an Official Plan Amendment that proposes the creation cif additional lots for residential purposes, As statod in the Plan, sufficient lands are already designated to accommodate residential development and thoroqore amendments to. the. Plan, unless contemplated by the existing policies for this purpose, would not conform with this policy. In addition, the- proposed_ application does not identify any Issue which has not already been contemplated by the Plan and -does not raise any issue which needs to be addressed in a comprehensive manner. At the time ofthe adoption of theibfficiawlan, consideration was provided on a comprehensive basis -regarding the lot creation policies. At that, firne sufficient lands were already designated and available for residential, development and therefore it was the intent of Council, to protect the rural character and quality of life enjoyed by residents through limited now residential lot creation policies. Should Counc - 0 consider supporting the proposed. Official. Plan Amendment application, additionat applications for similar proposals would be anticipated. On: the basis of the analysis provided above., the proposed application toamend the Official Plan would not confo rM with the intent of the Township Official Plan. Development Services June 3, 2015 Report No. DS2016-049 Page °7 of 12 Page -��S Suvoorting Studies 8.b) Report No. DS2015-049, Andria Leigh, Director, Developm... In support of the pr©posed Official Plan and Zoning By-1AW Affiendmen ftthe -,ppl'l ant P. . , a- C submitted the followIng. reports: 1, PlanrifngdusVfloation Dqport--ln.nq.v4ti.ve-Planning Solutions 2. F'urictionat Servicing Report — Gerrits- Engineering 3. Hydrogeology and Si✓rvlcing Feasibility 1=valbatlon — Azimuth Environmentat Consulting, inc. The Functional Servicing Report was prepared by Gerrit$ Engineerung to examine the servicing. requirements orf the proposed residential lots, A Hydrogeology and Servicing Feesj Hitystudy was prepared by Azimuth and revieed the potential t" ial'supply from the aquifers:. Based on the review, the report concludes that thereis sufficient water within the shallow,. Intermediate or deep zone aquifers to meet the anticipated demand from the proposed residential lots. Thea report also completed a review of the Reasonable Use Policies, a review of the use. of tertiary systems, and concluded that the existing abils on site are conducive to effluent beds having a recommended T --time of 15 m.in/6m. The reports conclude that the servicing. of the proposed development including the residential dwellings is feasible. Proposed Zoning L3yjaw.,Arnendment Further to the proposed Official Plan Amendment, Development Services StAff recommend derfial of Zoning By-law Amendrhent 2014-ZBA"02 on the basis that the proposed lots would not be in keeping with the minimum zone provisions *for the Residential One. (131) Zone. While it is acknowledged that some of the oAsting lots in ft. -surrounding area would have lot. frontages and lot areas that, do not comply with the zone provisions of the Township's zoning by-law, the creation of these lots would be prior to the implementation of By.4aw 97-96, In some Instances the lots are within the first plan for the former Township of Oro (Plan I); new lots however which have been created in the same area since the adoption of zoning by-law 97-95, have been required to Comply with the zone proVi6fons. The intent of the zone provisions is to establish standards with respect to a minimum size to accommodate the required servicing, (water, septic), driveway and. appropriate setbacks to a dwelling In addition to the required amenity space within the property to maintain a specifto built form and character for the neighbourhood. The proposed reduction in the lot frontage requirement from 30 metres to 21 metres and lot area from 0.2 hectares to 0.13 hectares would significantly reduce the zone standards resulting In a potential precedent fortuture applications. Development Services Report No. DS2015-049 June 3,: 2016 Page 8 of 12 Page % Public Meeting 8.b) Report No. DS2015-049, Andria Leigh, Director, Developm... A statutory public meeting was held oh December 1 , 2Q1.4 14 regardiftg the proposed amendments, to the Oftlio!W Plan and. Zoning Byz-law.. Comments expressed at the meeting included historic use, of proposed: Lot 6 fo.r auto body shop, future cornMe- rclal ease,. appropIrlatenelss.olf commerdal uses from a. land use compatibility perspective with the sUrroundinq primarily residential uses,, Based on. the input received by the applicant at the meeting,their proposed Official Plan and Zoning Sy -law Amendments have been revised to eliminate the proposed c6mmercial development of .Lot 5, Financial I Legal Implications, I lis t€ Management. Potential financial and legal implications, should the decision Services Committee be appealed to the Ontario Muft'ipal.8oard . . decision of Development rvjces Poficies/Legislationii Planning Act Places to Grow Provincial Policy Statement 2014 County of Simcoe Official Plan Oro-Medonte Official Plan Oro-Modonte Zoning By-law 97-% Corporate. Strategic Goals: Quality of Life Safe, & Healthy Communities Sustainability, Consultations: County of Simcoe — Letters dated Mach 28, 2014 and December 5, 2014 Lake Simcoe Region Conservation Authority — Letter dated April 17, 2014 Attachments: Attachment 1: Location Map Attachment 2.- Conceptual Site Plan Development Services Report No. DS2015-049 June 3,2015 Page 9 of 12 Page '44 Conctusion., S.b) Report No--DS2015-0491 Andria Director,Dev lopm... On the basis o f the analysis provided above, staff do not suppod the proposed AmendMignts: to, tha Towns:N0, Official Plan and Zoning .8y4aw that would provide for the lot, creation by o-onsent for a total of five residential lots. The ;proposed dffidal Plan Afnendment Application is rfot,0nsistent with the Provincial Policy -$iaternent and does. not Conform with the Places to Grow, County Offic4l:. Plan and Township Official Plan. Respectfully submitted Andria Leigh, RPP Pirector, Devatopment Services Development Services June 3, 2015 Report No. DS2015-049 page 10 of !2 Page '?8 Attachment 1: Lovers Harbour Lo@aot rR@p4rt No. DS2015-049, Andria LLeigh, Director, Developm... CATION MAP @4,pR'fiT RR��F Development Services June 3, 2015 Report No. DS2015-049 Page 11 of 12 Page —4i' MIT Riesidentl . . . . . . . . . . CONCEPTUAL SITE'PLAN 98-302 SHANTY SAY ROAD LOTS IS& 16, REGISTERFOPLAN106-4 TOWNSHIP OF ORO TOWNSHIP 7FWO-WDONTE COUNTY or SIMCOE L LOT 2 OT I MIS Exishng 1.344m' I 1.32dm' ReqjdWftj 0.33 1 0.33 T T 7 OngIF 1 'Corrirl. -73 ac. .TOTAL SITE AREA 0.ha- LOT 5 m RESIDENTIAL (LOT 1-5) t;2 64 10 ajz�i1,48 ac LOT 4 1214 rW DAYLiGHT TRIANGLE -� — *0 LANDS SUBJECT TO FUTURE ROADWIDENING PARKING SPACES (LOT T EV c.. RURAL CURRENT OP DESIGNATION CURRENT ZONING CONCEPTUAL SITE_.PLAN .(RESIDrzNTIAQ TOWNSHIP OF ORO-MEDONTE 8.c) Report No. DS2015-050, Andria Leigh, Director, Developm Twn ht Report Proud Herttage, Exciting Future Report, No. OS2015-050 To: Development Services Committee Prepared By- Andria. Leigh Director Development Services Meeting Datei- . � 1. X, June 3,2Q1.5 Subject: motion # Proposed Amendments to TowftshilYs Zoning By-law 97- Roti R.M.S., Films 95, as amended RecommendationRequires Action F;-,71 For Information Only LnJ EL It is recommended that-, 1. That Report DS2015-050 Re., Proposed General: I Amendment to the Township's Zoning By-law 97-95, as amended, be received and adopted; 2. That staff be authorized to proceed with the preparation of a draft Zoning By-law Amendment, 3. That -staff proceed with the scheduling of a public meeting under the Planning Act to present the proposed Amendment. Background: The purpose of this -report is to consider amendments to the Township's Comprehensive Zoning ng By-law 97-95. The By-law was original approved by the Townsbip In 1997. Since that time, general amendments to the by-laW have been approved in 2006 and 2013, The by-law will be subject to a comprehensive review and update in njunction With the Comprehensive Official Plan Review that will be Initiated later this year. While the Township's current Zoning By-law is generally an AXentplanhingtool,staff dealing with day-to-dayinterpre issues Isues have identified some specific amendments that are necessary to be. 'considered by Council prior to the comprehensive update to be drafted and consider by Council later this .year Development Services June 3,20 . 15 Report No. DS2016-049 page 1 of 5 Page 8-( AnalysW lopm The- following turn Mad?_as the recommended changes t0the By-law that are beinig proposed by Staff. Once these proposed amendments are confirmed with Council the required by-law- will be drafted prior to the scheduling of a public meeting. 1,., Sanitary fatilitiesin Accessory 13014fts and Boathouses. Section 5 * 1 , I A of Zonin 95 .g By-law 1 .9 7 - prohibits the use of AccessM Buildings for horb habitation, but does not prohibit '-San itary f an acilfffes. Section 5.6 (0) prohibits the use of Boathouses for human habitation and also prohibits Witchen or sanitar y facilities,,. The Development Services Department recognizes that it is reasonable and in conformity with the Z, on ing By-law to allow. limited Sanitary fixtures within Accessory B011dings and Boathouses in conjunction with, the norroW..., permitted uses ofsuch structures. Forexarnplo.,, the abilityto wash-up Building or . within an Accessory "shop", to clean fish within a Boathouse, or to use .an Accessory Building as a "pool house". it Is also recognized that the Lake $imcoe Region Conservation Authority nt� has policies that permit sinks in boathouses under certain conditions onLSRCA regulated lands. Therefore, in order to meet the needs of the Township!s residents while ensuring that these buildings Are not utilized for human habitation It Is recommended that the by-law be amended to permit a wa shroom (toilet, sink, shower/tub) within an Accessory Building, define the term 'sanitary facilities" in regards to boathouses. to mean *fixtures including a toilet and/or a she which would not, be, permitted in a Boathouse, and to permit a sink in a boathouse in Gompliance with CA regulations where applicable. 2. 'Holding Provision Section 2.5 of By-law -97.195 is recommended to be changed to ensure that the conditions for removing. the holding provisionin the floodplain holding zone are clear, The floodpldin holding zone applies to the areas around Willow Creek which are solely under the jurisdiction of the NVCA, E8 enti'allyj the Holding provision -cannot he lifted. until Council is satisfied that the Nottawasaga Valley Conservation Authority is supportive of the proposed development through the issuance of the required permit.. 3. Shipping Containers Section 5.2 Accessory Outdoor Display and Sales - Accessary Section 5.3Outdoor 0 e Storage, and Section 5-25 -Prohibited Us" and the associated d deffiftiona indirectly address shipping containers or the use of trailers for the purposes of storage, Staff however recommend that the by-law be amended to include a definition of shipping container, and add regulations to the by-law that would -regulate the permitted Development Services duns :3,201$ Report No. DS2016-049 Page 2 of 5 Page -sz_ M U 14M I.ReRortho. DS2015-050 And a , Director, Developm location for thesel=n.. Iner. and e required zone:d re recommending that the. placement of shipping containers tar , r storage be prohibited within 8ettleo, an areas, all residential zonas, and the shore Me area.. 4. Setback firom Slopes The, By-law contains a requirement that structures be get back a minimum of 23 metres (76 feat) from a slo a that excoeds 33% or 3A. There has been discuss on that this V I provisiond be amended to remove this shoulhis requirement within registered plans of subdivision in which the entire subdivision lands have been the subject Of overall tot grading approval and where each irldividual, lot requires an engineering lot grading plan to be approved. in -accordance with the provisions of the subdivision agreement. Staff are therefore recomme nding that an exemption be added', to the zone by-law to exempt registered plans of subdivision from this provision, 5., Parking Standards The By-law does not currently contain, any provisions specific to accessible parking spaces related to a minimum number of parking spaces: being req,uita and the sizeof, the parking space. It is recommended that standards be included in the by-law regarding the minimum stall size and the minimum, number of parking space requirements to be provided for accessible parking. 6. Separation Distance between Accessory Buildings. The By-law currently contains proviisions that requires accessory buildinqs to be setback a minimum of 1.0 mattes (3.2 feet) from the main building, on the property,, however the by-law does not contain, a minimum. separation distance between accessory buildings. It is recommended commended that accessory buildings be setback a minfrnm uof 1.0 Metres from each other, 7. Roads The By. -law currently zones all lots that have direct frontage on a private roads -as; RLS (H). No development is permitted on those lots until the H is removed through a Site Plan/Removal of Holding Provision process. In order to have the H removed., an agreement needs to be registered on title that acknowledges the Township does not provide services to these lots, In recent -years, it bas been determined that a number of these roads r that Were considered to be private have either been assumed by the Township or were indeed public roads at the time. This has created some delay in obtaining building permits for lots on these roads. On this .basis* all lots on roads that are considered to be public and roads that are mWintairlad by the Township will be zoned Shoreline Residenti.af, The roads affected by this change would include: Grandview Crescent, Poplar Crescent, Cook Lane, Devitt Street, Barr Avenue, Gantin Road, McKay Street, and Palm Beach Road Development Services June 3, 2016 Report No. DW015-049 Page 3 of 5 Pag E 8.c) Report No. DS2015-050, Andria Leigh, Director, Developm S. Definitions Arrioncimprits to some of the emsting definitions are required to be more specific in their ten in . ti This Would include the definitions for. Attached_, Intensive Agricultur"al Use, Home 0 ccu Termfinal, Wrecking Yard, . , pation, Transportati . The following new terms are also proposed to be defined in the by-law.. Storage Containers and. Breegeway. Financial I Legal Implications:/ Risk Management: Potential financial -and legal Implications should the deci$ton of Development Services Committee be appealed to the Ontario Municipal 'Board. PoliciestLegislation: Township of 0fa-Medonte Official Plan: The draft Bylaw is Intended to amend ZDnirig By-law 97-95, as amended. By-law 97-95 is a zoning by-law which is an implementation tool that implements the policies of the Official Plan. The draft By-law prqposes minor changes to By-law 97-95 and will still conform to the- policies of the Official Plan, Counlyr Official Plan The draft By-law proposer minor changes and updates to By-law 97-95 which implement$ the policies of the Official Plan and therefore is consistent with the County of Simcoe Official Plan. It is the opinion of planning staff that the: draft By- law conforms to the policies of the Coonty's, Official Plart, Provincial Polky 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 paltems, The draft By-law proposes minor changes and updates to By-law 97-95 which implements the policies of the Official Plan and therefore is consistent with the Provincial Policy Statement, 2005. Places to Grow The proposed By-law changes are considered to conform to the intent of the Official Plan for the Township and maintained the general intent of the Township's Zoning By-law. The draft By-law is therefora considered to maintain the general intent of the Province's Growth Plan. Development Servioes June 3,2015 Report No. DS2015-049 Page 4 of 5 - Page 1&( 8.c) Report No. DS2015-050, Andria Leigh, Director, Developm Planning Ac I'n- order to consider th. e proposed amendments a staUory Public Meeting pridar the. provis[ons of Section 34 of the Planning Act Vill. need to be held. As the proposed amendments would apply to a significant number ofproperties Within the Township, the Ig number Act permits a general adverti.sement in the looat n6wspapers in lieu of a general direct mailfrig to .1.11 affected owners (as well as those within 120 metres). The P I UbFic Meeting Notice will also be posted on the Township's websiW, Corporate Strate9id Goals: QpAlity of Ofo Safe St Healthy Communities SustainabIlIty Service Excellence Consoltations; n/a Conclusion: On the basis of the analysis. provided above, staff are recommending. that the he Township proceed. with the drafting of a. Zoning By-law Amendment for these general amendments to the Township's Comprehensive Zoning By-law. And further that staff proceed: with thescheduling of the statutory public meeting required, under the Planning Act, Additional amendments will be. completed during the comprehensive, update to the zoning by-law to be completed in conjunction with the Official Plan Review and Update. Respectfully submitted Andria L MIILP-�� , -eigh, PP Director, Development Services SMT Approval {Comments: C.A.Q.- Approval 1 Comments: DeVe * j0pMent S$FVIce$ June s, 2015 Report No. DS2016-049 Page 5 of 5 Page 9.a) Correspondence received May 13, 2015 John. Crawford/councillor _Gro-Medonte I MAY 13 U15 ORO-MEDONT5 John, further to our conversation on May 8.h2015 regarding sea containers in Oro-Medonte I am writing to confirm my request that council/staff for Oro- Medonfie do something to stop the spread of same.. In my opinion sea containers are an ugly blight on our township landscape and drive property values down. As a 27 year resident of GroWedonte this issue concerns me greatly. I see more of'these containers `popping up' throughout the township. Sea containers were designed and built to transport goods and materials across oceans, now they are being dropped off in driveways, yards etc. as :a cheap way to store articles... People are using sea containers rather than building proper garages and or accessory buildings. Does this not deprive the township: of an increased tax base as well Apparently there was no method to regulate or stop their use in the township and after some other recent complaints a process of sorts was put in place i.e. Designate them under the building code and require an engineer's report. This bureaucratic approach does nothing to stop the growth of this ;blight and in my opinion makes the township complicit and does nothing to protect the tax payer. Having no track ground or expertise in developing bylaws it may be over simplifying but why not ban them from residential areas. in other areas that may be marginal residential have them apply for a permit. Note I am not including farm commercial or industrial areas. I would appreciate your action in getting the process started to come up with a resolution to the sea container issue so that the township can. control these things thereby looking out for tax payer and enhancing the general appearance of the township. Thank vou. Page