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07 16 2015 Development Services Committee AgendaPage 1;+�t•rr�Juj� d1 Prvnd i$erttage, E-Yriting Future The Township of Oro-Medonte Development Services Committee Meeting Agenda Council Chambers Thursday, July 16, 2015 5:30 p.m. 1. Opening of Meeting: a) Deputy Mayor Ralph Hough, re: Appointment of Secretary -Treasurer. [Addenda] 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Adoption of Minutes: 4-13 a) Minutes of the Development Services Committee meeting held on Wednesday, June 3, 2015. 5. Public Meetings: 14-25 a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015-ZBA-08 (Read), Concession 14, East Part Lot 9, formerly in the Township of Oro, municipally known as 1004 Line 14 North, re: Amendment to permit the construction of a Garden Suite on the subject property, on a temporary basis for a period of 10 years, as provided for under the Planning Act [Refer to Item 8c)]. 26-39 b) 5:45 p.m. Proposed Amendment to the Zoning By -Law, 2015-ZBA-10 (Orofino), Plan 626, Lot 225, formerly in the Township of Oro, municipally known as 48 Stanley Avenue, re: Amend the LC*12 zoning of the subject lands to further amend the exception to add a single detached dwelling as a permitted use (within an existing building) and to recognize the setback of an existing porch. 6. Public Hearings: 40-49 a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager, Planning Services, re: Minor Variance Application 2015-A-13, Douglas & Paulette Overholt, 224 Lakeshore Road East. Page 1 of 159 50-66 b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-14, Andrew Plunkett, 2064 Old Barrie Road West. 67-73 c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Planning Student, re: Minor Variance Application 2015-A-15, Nigel & Jennifer Shaw, 28 Conder Drive. 74-83 d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Planning Student re: Minor Variance Application 2015-A-16, George & Heidi Caufin, 175 Lakeshore Road West. 84-94 e) 7:00 p.m. Report No. DS2015-063, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2015-A-17, Joseph & Susan Poge, 301 Warminster Sideroad. 95-104 f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-18, William St. Clair, 1017 Line 8 North. 105-111 g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2015-B-09, John Ambrose Cook & Marianna Gilbert, 3566 Penetanguishene Road. 112-120 h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager, Planning Services re: Consent Application 2015-B-10, Skyline Horseshoe Valley Inc. 7. Deputations: 121 - 122 a) Darren Vella and/or Cameron Sellers - Innovative Planning Solutions, 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, [Refer to Item 9a)]. 8. Reports of Municipal Officers: 123 - 134 a) 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 [Deferred from the June 3, 2015 Development Services Committee meeting] [Refer to Items 7a) and 9a)]. 135 - 149 b) Report No. DS2015-056, Andria Leigh, Director, Development Services, re: Zoning By-law Amendment 2015-ZBA-04, (Simcoe County District School Board), 204 Line 15 North, Concession 1, Part Lot 12, 51 R-11173, Part 1 (Orillia), Township of Oro-Medonte [Refer to Item 5a) 07 16 2015 Council Agenda]. 150 - 155 c) Report No. DS2015-061, Adrianna Spinosa, Planner re: Zoning By-law Amendment Application 2015-ZBA-08, Jason & Constance Read, 1004 Line 14 North [Refer to Item 5b) 07 16 2015 Council agenda]. Page 2 of 159 9. Communications: 156-159 a) Correspondence dated July 2, 2015 from Mark Porter, 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) [Refer to Item 7a)]. 10. Next Meeting Date: Thursday, August 13, 2015 at 5:30 p.m. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meetings / Hearings Items: 12. Adjournment: a) Motion to Adjourn. Page 3 of 159 4.a) Minutes of the Development Services Committee meeting h... Tou rasltip of Proud Heritnge, Excitfng Future Wednesday, June 3, 2015 Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Barbara Coutanche Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford Councillor Scott Jermey The Township of Oro-Medonte Development Services Committee Meeting Minutes Council Chambers Time: 5:31 p.m. Staff Robin Dunn, Chief Administrative Officer; Andria Leigh, Director, Development Present: Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Derek Witlib, Manager, Planning Services; Marie Brissette, Coordinator, Corporate Services; Adrianna Spinosa, Planner; Catherine McLean, Planning Summer Student Also Lindsay Fairty, Ann Truyens, Bruce Wiggins, Ann Honeywood, Colin Leslie, Present: John Orofino, Gerry Norman 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. DSC150603-1 Moved by Crawford, Seconded by Jermey It is recommended that the agenda for the Development Services Committee meeting of Wednesday, June 3, 2015 be received and adopted, as amended to defer Item 8b) 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) to a future Development Services Committee meeting. Carried. Page 1 of 10 Page 4 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. 3. Disclosure of Pecuniary Interest: None declared. 4. Adoption of Minutes: a) Minutes of the Development Services Committee meeting held on Wednesday, May 6, 2015. Motion No. DSC150603-2 Moved by Hall, Seconded by Coutanche It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, May 6, 2015 be adopted as printed and circulated. Carried. Page 2 of 10 Page 5 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. 5. Public Meetings: a) 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* Exception) Zone to permit sale of mulch, aggregates, seed and fertilizer as secondary uses to the existing sod farm. Deputy Mayor Hough called the meeting to order at 5:34 p.m. and explained the public meeting has been called under the authority of the Planning Act, Section 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to an application to rezone a portion of the lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU* Exception) 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 16, 2015. The following correspondence was received: William W. and Sharon M. Irvine, dated May 29, 2015. Derek Witlib, Manager, Planning, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Lindsay Fairty, 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 5:42 p.m. Page 3 of 10 Page 6 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. 6. Public Hearings: a) Report No. DS2015-046, Adrianna Spinosa, Planner, re: Minor Variance Application, 2015-A-11, John & Barbara Orofino, 48 Stanley Avenue. The following correspondence was received: None. John Orofino, applicant, was present. Motion No. DSC150603-3 Moved by Hughes, Seconded by Jermey It recommended that Minor Variance Application, 2015-A-11, John & Barbara Orofino, 48 Stanley Avenue be deferred. Carried. Page 4 of 10 Page 7 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. b) 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. The following correspondence was received: P. Martin and Lorie Emmons, dated May 25, 2015. No one was present on behalf of the applicants. Motion No. DSC150603-4 Moved by Coutanche, Seconded by Macpherson It is recommended: 1. That 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 be received and adopted. 2. That the Committee grant provisional consent to Application 2014-B-23, being to sever a lot measuring approximately 30 metres by 45.7 metres (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: a) That the applicants apply for and obtain a Minor Variances with respect to the lot areas of the severed and retained parcels, as well as any situations of non- 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 applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcels severed and retained, for review by the Municipality; d) That the applicants pay $2,000.00 cash -in -lieu of a parkland contribution for the lot created; 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 applicants be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 5 of 10 Page 8 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. c) Report No. DS2015-045, Derek Witlib, Manager, Planning Services, re: Consent 2015-6- 08, Terrance & Laima Keefe, 5 & 7 Greenwood Forest Road. The following correspondence was received: Lisa -Beth Bulford, Lake Simcoe Region Conservation Authority, dated May 26 2015. Gerry Norman, solicitor and agent, was present on behalf of the applicants. Motion No. DSC150603-5 Moved by Hughes, Seconded by Macpherson It is recommended: 1. That Report No. DS2015-045, Derek Witlib, Manager, Planning Services, re: Consent 2015-B-08, Terrance & Laima Keefe, 5 & 7 Greenwood Forest Road be received and adopted. 2. That the Committee grant provisional consent to Application 2015-B-08, being to permit a technical severance to recreate 2 lots that have merged in title, subject to the following conditions: a) That the applicants apply for Minor Variances with respect to the lot areas of the severed and retained parcels, as well as any situations of noncompliance created as a result of the severance; b) That the applicant's solicitor submit his undertaking to obtain the Minor Variance decision identified in condition a) above within 6 months of the Consent decision. c) That one copy of a Registered Reference Plan or suitable registerable description of the subject lands be submitted to the Committee Secretary -Treasurer and to the satisfaction of the Township; e) That the applicants' 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 applicants be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 6 of 10 Page 9 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. d) Report No. DS2015-047, Adrianna Spinosa, Planner, re: Minor Variance Application 2015-A-12, Danielle Pender & Colin Leslie, 2 Woodland Crescent. The following correspondence was received: None. Colin Leslie, applicant, was present. Motion No. DSC150603-6 Moved by Macpherson, Seconded by Coutanche It is recommended: 1. That Report No. DS2015-047 Adrianna Spinosa, Planner, re: Minor Variance Application 2015-A-12, Danielle Pender & Colin Leslie, 2 Woodland Crescent be received and adopted. 2. That Minor Variance Application 2015-A-12, specifically to permit an accessory building (approximate floor area of 66 square metres (708 square feet)) in the front yard with a reduced exterior side yard setback of 10.6 metres, on lands located in Plan 1689, Lot 1 (Oro), Township of Oro-Medonte, known as 2 Woodland Crescent, be approved. 3. That the following conditions be imposed on the Committee's decision: 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 By-law; b) That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor provide 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 Certificate and Building Permits be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And That the applicants be advised of the Committee's decision under the Director, Development Services' signature. Carried. Council recessed at 6:58 p.m. and reconvened at 7:05 p.m. Page 7 of 10 Page 10 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. 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]. Motion No. DSC150603-7 Moved by Jermey, Seconded by Crawford It is recommended: 1. That 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 be received and adopted; 2. That Zoning By-law Amendment Application 2015-ZBA-06, be approved to rezone the subject lands shown on Zoning By-law 97-95, Zoning Schedule "A21" 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 (R1 *258(H)) Zone, as shown on Schedule 'A' of proposed By-law 2015-100; 3. That Zoning By-law 97-95, Section 7 be amended by adding Section 7.258 with the text as shown on proposed By-law 2015-100; 4. That the appropriate By -Law be brought forward for Council's consideration; 5. And That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. 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). The item was deferred upon adoption of the agenda. Page 8 of 10 Page 11 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. c) Report No. DS2015-050, Andria Leigh, Director, Development Services, re: Proposed Amendments to Township's Zoning By-law 97-95, as amended. Council consented to permit Sheila Craig and Ann Honeywood to speak on the matter. Motion No. DSC150603-8 Moved by Macpherson, Seconded by Coutanche It is recommended: 1. That Report No. DS2015-050, Andria Leigh, Director, Development Services, re: Proposed Amendments to 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. And That staff proceed with the scheduling of a Public Meeting under the Planning Act to present the proposed Amendment. Carried. 9. Communications: a) Correspondence received May 13, 2015 from Steve Blogg, re: Sea Containers. Motion No. DSC150603-9 Moved by Crawford, Seconded by Jermey It is recommended that the correspondence received May 13, 2015 from Steve Blogg, re: Sea Containers be received. Carried. 10. Next Meeting Date: Thursday, July 16, 2015 at 5:30 p.m. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting / Hearings Items: Page 9 of 10 Page 12 of 159 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, June 3, 2015. 12.Adjournment: a) Motion to Adjourn. Motion No. DSC150603-10 Moved by Coutanche, Seconded by Macpherson It is recommended that we now adjourn at 7:53 p.m. Carried. Deputy Mayor Hough, Chair Derek Witlib, Deputy Secretary -Treasurer Page 10 of 10 Page 13 of 159 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Notice of Receipt of a Complete Application Notice of Particulars and Public Access and Notice of Public Meeting for ��✓� Proposed Amendments to the Zoning By-law of H.r-f IMeupr. F wpq f.rux the Township of Oro-Medonte 2015-ZBA-08 (Read) Take notice that the Township of Oro-Medonte deemed the following application to amend the Zoning By-law 97-95, as amended, a "Complete" Application under the Subsection 34 of the Planning Act, R.S.O. 1990, c. P. 13 on the 5th day of May, 2015. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on Thursday, July 16, 2015 at 5:30 p.m. in the Municipal Council Chambers. 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, R.S.O. 1990 c. P. 13. The subject lands are located at 1004 Line 14 North, in Concession 14, East Part Lot 9, formerly in the Township of Oro, now in the Township of Oro-Medonte. The purpose and effect of the proposed Zoning By-law Amendment is to permit the construction of a Garden Suite on the subject property on a temporary basis for a period of 10 years as provided for under the Planning Act. The subject land is designated 'Mineral Aggregate Resource — Potential' in theTownship's Official Plan and zoned 'Mineral Aggregate Resource One Exception 40 (MAR1*40) Zone' and 'Mineral Aggregate Resource Two (MAR2) Zone' in the Township's Zoning By-law 97-95, as amended. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. And take further notice that pursuant to Section 34 (10.7) of the Planning Act, the Application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact Planning Services at 705-487-2171. If you are submitting letters, faxes, emails, presentations or other communications with the Township concerning this application, you should be aware that your name and the fact that you communicated with the Township will become part of the public record. The Township will also make your communication and any personal information in it available to the public, unless you expressly request the Township to remove it. 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. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: J. Douglas Irwin, Clerk Page 14 of 159 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Dated at the Township of Oro-Medonte this 24th day of June, 2015. �� Andria Leigh, MCI , RPP Director, Development Services Location Map ge�swe 0� Subject Lands Applicant's Site Plan Page 2 of 2 Page 15 of 159 b.a)p. I- M Propose men men f6th e Zoni6g RyTaW, 5... 5� Simcos County District School Board 1170 Highway 26 West Phone: (705) 728-7570 Mldhurst, Untario Fax: (705) 728-2265 LOL IXO www.scdsb.on.ca Ms. Andria Leigh, MCIP, RPP Director, Development Services Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh: ZONING BY-LAW AMENDMENT READ 1004 LINE 14 NORTH TOWNSHIP OF ORO-MEDONTE FILE NO.2015-ZBA-08 Thank you for circulating a copy of the proposed Zoning By-law Amendment Application for the above -noted property to this office. The applicant has applied to permit the construction of a Garden Suite on the subject property on a temporary basis for a period of 10 years as provided for under the Planning Act. Planning staff have no objection to the proposed zoning by-law amendment. Elementary students residing in this area may attend Marchmont Public School and secondary students will be bussed to OD/Park Street Secondary School. Should you require additional Information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacek, MCIP, RPP Senior Planner Page 16 of 159 Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) Location: 1004 Line 14 North Current Zoning: Agricultural/Rural (A/RU) Current Official Plan Designation: Mineral Aggregate Resource - Licensed Existing Use: Single detached dwelling and 1 Cr Cr � Langmarr_Dr. CD 0� CL o pr. U) ge�s�ey rn z CD �. Old=Baarne_Rd-E. c J ® Subject Lands agricultural buildings. N �0 Cn �fj7.u-„sitiytJ / c� Prom! ffrri14er, &zritieg Fatnrr 1 r v N O (31 Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) Cn Purpose of Application: Zoning By-law Amendment — to permit the construction of a Garden Suite CD on the subject property on a temporary basis for a period of 10 years. 3 0 -0 0 CD D 3 CD I CL 3 m 0 v � cn M CD N CO 0 o ^ � ter] flltlf� cQ cY/Y�./ f'aa�d )irritn�r, iszi Uiag ('nhi rt '� 1 r v N O Cn Zonin Bv-lawAmendment 2015-ZBA-08 (Read/Dougherty) Applicant's ...... Fmr+d Timmer, Vxdiiag Fumrc Cn v M w O 0 0 0 D 3 0 0 0 0 N 0 IL - CO CO N O Cr Public Meeting sign posting Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) N O Cn �(] 'r,��e, 0 ��i���12iF.(' Prosed Hrritntr, Exciting Fatwr Cn v Cn w 0 0 O W Q D Q 3 0 0 zT 0 N 0 D W r C� N O H Ul Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) View of Line 14 looking North U1 Cr w 0 O O U) D 3 M Q 3 M � J J View of Line 14 looking South N O �n ruu ruhiy n .` �(0 W Pmud Hrriraer, [.rr;[in,g runirr '< i r M N O 2 Cal Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) cri cn w 0 0 0 cn 0 CL 3 0 3 0 0 0 Existing dwelling �c. OfT f (Q co Frond Hrritegr. Lxriling fntrnre r v N O V1 Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) v N Garden Suite 12 Ww'11ship, f Prnrd 1kritgyr, Exritii{L ha—e U1 CA) 0 0 0 0 CL D 3 rn Q_ 3 M 0 zr M 0 M. D r CW N O Ul Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) u v c� N Surrounding Lands Pmnd IIrrifnjr, Exririn,{, Frfmw J 0 0 0 CL D M Z3 0- 3 0 0 zT M 0 W 1 r su N O Zoning By-law Amendment 2015-ZBA-08 (Read/Dougherty) 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 N cn O_ C.31 CO Cn v C.0 0 O O 0 now be heard. D O M N O ,rownshipof h o,,d }frritngr, Exciting Pamrr, r W RI N O Cn 5.b) 5:45 p.m. Proposed Amendment to the Zoning By -Law, 2015... Notice of Receipt of a Complete Application Notice of Particulars and Public Access and Notice of Public Meeting for R.«. C1i"rfl-eN• favk t F­drmte Proposed Amendments to the Zoning By-law of -l 1(y the Township of Oro-Medonte 2015-ZBA-08 (Read) Take notice that the Township of Oro-Medonte deemed the following application to amend the Zoning By-law 97-95, as amended, a "Complete" Application under the Subsection 34 of the Planning Act, R.S.O. 1990, c. P. 13 on the 5th day of May, 2015. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on Thursday, July 16, 2015 at 5:30 p.m. in the Municipal Council Chambers. 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, R.S.O. 1990 c. P. 13. The subject lands are located at 1004 Line 14 North, in Concession 14, East Part Lot 9, formerly in the Township of Oro, now in the Township of Oro-Medonte. The purpose and effect of the proposed Zoning By-law Amendment is to permit the construction of a Garden Suite on the subject property on a temporary basis for a period of 10 years as provided for under the Planning Act. The subject land is designated 'Mineral Aggregate Resource — Potential' in theTownship's Official Plan and zoned 'Mineral Aggregate Resource One Exception 40 (MAR1 *40) Zone' and 'Mineral Aggregate Resource Two (MAR2) Zone' in the Township's Zoning By-law 97-95, as amended. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. And take further notice that pursuant to Section 34 (10.7) of the Planning Act, the Application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact Planning Services at 705-487-2171. If you are submitting letters, faxes, emails, presentations or other communications with the Township concerning this application, you should be aware that your name and the fact that you communicated with the Township will become part of the public record. The Township will also make your communication and any personal information in it available to the public, unless you expressly request the Township to remove it. 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. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Ora-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: J. Douglas Irwin, Clerk Page 26 of 159 5.b) 5:45 p.m. Proposed Amendment to the Zoning By -Law, 2015... Dated at the Township of Oro-Medonte this 20 day of June, 2015. Andria Leigh, MCIY, RPP Director, Development Services Location Map �I Langman-D.c. ro A _no . a gels QC' z �r Old=Ba rrie_Rd-E . i/ Subject Lands Applicant's Site Plan Page 2 of 2 Page 27 of 159 s Ls ZI AM R ZI M Wit to the ZoMing b y- 5W, 2 01 5... �6 1 Simcoe County District School Board �u 5-4 ` -A PF 1170 Highway 26 West Phone: (705) 728-7570 Mldhurst: Ontario Fax: (705) 728-2265 1 LOL i X0 www.scdsb.on_ca , Jiine30;2015- --M.._.�._.... ��..�..�...._�.__ ._ ..... _..__..._.,.._ . �. Ms. Andria Leigh, MCIP, RPP Director, Development Services Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, ON LOL 2XO Dear Ms. Leigh: ZONING BY-LAW AMENDMENT OROFINO 48 STANLEY AVENUE TOWNSHIP OF ORO-MEDONTE FILE N0.2015-ZBA-10 Thank you for circulating a copy of the proposed Zoning By-law Amendment Application for the above -noted property to this office. The applicant has applied to amend the LC" 12 zoning of the subject lands to further amend the exception to add single detached dwelling as a permitted use within an existing building and to recognize the setback of an existing porch. Planning staff have no objection to the proposed zoning by-law amendment. Elementary students residing in this area may attend East Oro Public School and secondary students will be bussed to Twin Lakes Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, x4y__4_� Holly Spacek, MCIP, RPP Senior Planner _ Page 28 of 159 Zoning By-IawAmendment 2015-ZBA-10 (Orofino) Location: 48 Stanley Avenue Current Zoning: Local Commercial Exception 12 (LC*12) Current Official Plan Designation: Shoreline Rxis�tiing Use: ingle detached dwelling to YV"E 2REsCErvr P Loca on � N 0- z W a U1 °p a 9�F D 3 ® S ct Lands Lake Simcoe oC W- 0 0 f PronA Heritage, Excifing Future r v N O U1 Zoning By-law Amendment 2015-ZBA-10 (Orofino) Purpose of Application: Zoning By-law Amendment — to further amend Exception 12 to add `single detached dwelling' as a permitted use (within an existing building) and to recognize the front yard setback of an existing porch (3.27 metres). -D c� cD W CDQ COCn Pr nrd li •ritm•+r�, lix4'ititr•* Ivnnrr 0 0 0 0 OL D 3 M Q 3 M 0 cu N 0 1 r N O f31 Zoning By-law Amendment 2015-ZBA-1 0 (Orofino) jk59,11 (MCA! _­_ - -0 ill _- 11 , � f�Illlilllllllll IMP Applicant's Sketch rch Cn b. f 11-54 i C3 L 0 rch Cn b. L 0 Cn _0 J 0 U) 01MING AND b. L 0 I5TY, J 0 U) 01MING AND CD R EG 0 CL > CC 3 CD D 3 CD 7-- le I 0 to 0351 (D STANLEY N0 LoNcReT Cxg_(�S­ Public Meeting sign posting Zoning By-law Amendment 2015-ZBA-10 (Orofino) "Notice of a Public Meeting of the Township of Oro-Medonte pursuant to Section 34 of the Planning Act in respect to a Proposed Zoning By-law Amendment (2015-ZBA-10). Meeting Date: July 16, 2015 at 5:45 p.m. Location: Township of Oro-Medonte Council Chambers, Admin. Building, 148 Line 7 South, Oro-Medonte. Proposed Use: To amend Local Commercial Exception 12 (LC*12) Zone to add single detached dwelling as permitted use (within an existing building) and to recognize the setback of an existing porch. Any person may write or attend to present submissions. For more information contact the Township Planning Department at (705) 487-2171 "Notice of a Public Meeting of the Township of Oro-Medonte pursuant to Section 34 of the Planning Act in respect to a Proposed Zoning By-law Amendment (2015-ZBA-10). Meeting Date: July 16, 2015 at 5:45 p.m. Location: Township of Oro-Medonte Council Chambers, Admin. Building, 148 Line 7 South, Oro-Medonte. Proposed Use: To amend Local Commercial Exception 12 (LC'12) Zone to add single detached dwelling as permitted use (within an existing building) and to recognize the setback of an existing porch. Any Person may write or attend to present submissions. For more information contact the Township Planning Department at (705) 487-2171 • r Sign on Dorothy's Drive Sign on Stanley Avenue (o CO N O C9!"„t"`�totttc� F'rnrcd Herilnpe. I;ar`itfay l�vunr I O -D O Cn (D Q D M D 0- 3 3 (D �-r O N O 1— C� G N O C31 Zoning By-law Amendment 2015-ZBA-10 (Orofino) 9E 0 View from o Stanley Avenue ►:` = ��+ D ! � � Illillllllll illil �1 CD r--1- r-F T O V r -F _ O � �] t"muvsltipnj � 0 co Prand Heritage. Lxciting F+unrr �< 1 r v N O Ul Rear entrance and view from Dorothy's Drive Zoning By-law Amendment 2015-ZBA-10 (Orofino) Cn 0- Cn -P Cn a 70 O U) Q_ D m m r -F rF O zT (D O 2.r W N O Cn t '� � •,J Y•.M1 r�t1 .tEi. �6 :.a.�. • 1'A..:F'A� P ._ --h Cn %uaraliip of Proud Heritage, Exciting Future Cn 0- Cn -P Cn a 70 O U) Q_ D m m r -F rF O zT (D O 2.r W N O Cn M� ,i a� +� �' r t•` ` � 4.f � < �5 a...� 1. T �` *� ' 4W la, -,-ewe- i n Zoning By-law Amendment 2015-ZBA-10 (Orofino) Cn 0- M Cn _. l4{'- .��• ''{' I lin " -• - _ 0 pi, CD . i Q , CD Q-.�" y`�t�"�"`� `'• < ���, 1�ti� ve r .n-� �t'�.i�J*� 'X.Yrr�? i9-Yf�^.��i�n91A,ri r Y&'.tY.Y46 CD M • t. \.1. ♦. ''.r o - '7 jT j�e1` � r , t=F y � � iry N. f ''r O y"E.t �'iY�i'R.yr'ai� •' t�, �u � .�.L ..'� -, �•-`h �i. ,� r` .i: ,LL}c+.Llr},, �� � �i4N w���,B e..p Vehicle Parked in Front of the Deck Vehicle Parked Beside the Deck N o o ,ivtulrip of (C) 01 Froyed Hrritagr, limiting Cnhrrr 1 r v N O Cn Zoning By-law Amendment 2015-ZBA-10 (Orofino) 1 1 I. a. I �r _ ... Ham... �. M View Looking North on Dorothy's Dr. View Looking West on Stanley Ave. 1 4 CD ra ��� Proud Heritage. rxeitirrg Tuhrrr Pre-existing Concrete Porch Zoning By-law Amendment 2015-ZBA-10 (Orofino) To SIip of proud Heritage, Lsriiigy Puturr Cn Cn 0 -C3 0 Q D 3 m 3 0 rn 0 D r C� N O H Cn Zoning By-law Amendment 2015-ZBA-10 (Orofino) CT Cn Conclusion :r� Cn 3 This concludes staff's overview of the proposed Zoning By-law Amendment application. 0 0 W 0 Questions or comments from the public and members of the Committee will now be heard. D 3 0 Q 3 0 0 0 0 0tinmrslrip of � 0., YJ .�0 14nud Htricker, Lxrinou,! Purnrr r W R N O UI 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... Township o, f Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-062 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # July 16, 2015 Minor Variance Application 2015-A-13 by P. & D. Overholt Lots 33 & 34, Plan 589 (Oro) Roll #: 4346-010-009-59000 R.M.S. File #: D13-49125 Recommendation(s): Requires Action For Information Only 1-1 It is recommended: 1. That Report No. DS2015-030 be received and adopted. 2. That Minor Variance Application 2015-A-13 by P. & D. Overholt, specifically to permit: a single detached dwelling with minimum front yard of 6 metres, a minimum rear yard of 6 metres, a minimum northerly interior side yard of 1.5 metres and a minimum first floor area of 29.7 metres, with respect to 224 Lakeshore Road East, Lots 33 & 34, Plan 589 (Oro), be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table B1, the proposed single detached dwelling and 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 of the foundation wall of the dwelling and verifying by way of survey/real property report, prior to pouring of the dwelling foundation that the dwelling be no closer to the northerly interior side lot line than 1.5 metres and no closer to front and rear lot lines than 6 metres; c) That the location of the proposed tertiary private on-site sewage disposal system be verified by an Ontario Land Surveyor, due to its close proximity to a well; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, and Building Permits be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services July 16, 2015 Report No. DS2015-062 Page 1 of 9 Page 40 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The subject property possesses a lot area of approximately 405 square metres (0.15 acres), a frontage on Lakeshore Road East of approximately 24 metres (80 feet), a depth of approximately 24 metres (80 feet) and presently contains a dwelling, two accessory buildings, all in disrepair. The applicant is proposing to demolish the existing 1 -storey dwelling and construct a new 2 storey dwelling with a main floor garage. The property is zoned Shoreline Residential (SR) in the Township's Zoning By-law and the applicant has requested the following relief from By-law 97-95: i acme n i — �ianaaras Tor z:�noreline mesiaential (bii) Lone: Required by Zoning By -taw 1) Minimum Front Yard: 7.5 metres 2) Minimum Rear Yard: 7.5 metres 3) Minimum Interior Side Yard: 3.0 metres 4) 1 Minimum First Floor Area: 90 square metes Analysis: Provincial Policies and County Official Plan Proposed by Applicant 6 metres 6 metres 1.5 metres 29.7 square metres The subject lands are not within a designated settlement area and the policies of the Growth Plan for the Greater Golden Horseshoe do not affect the review of this application. The lands are subject to the Provincial Policy Statement (PPS) and to the Lake Simcoe Protection Plan, both of which contain policies pertaining to Natural Heritage and Natural Hazards. The application represents limited, resource-based (shoreline area) residential re -development that is consistent with the PPS and which conforms to the Lake Simcoe Protection Plan. Does the variance conform to the general intent of the Official Plan? The subject lands are designated "Shoreline" by the Official Plan. Permitted uses in the Shoreline designation include single detached dwellings and the Official Plan establishes the following objectives for the Shoreline designation: Development Services July 16, 2016 Report No. DS2015-062 Page 2 of 9 Page 41 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. Based on Development Services Staff's visits to the site and the surrounding area, as well based on a review of 2012 aerial photography, the proposed development of the lands appears to be similar to much of the existing development in the area in terms of the land use (single detached residential) and setbacks. The proposed development would, therefore, appear to be consistent with the existing land uses and built form of the surrounding area. Staff is of the opinion that the application conforms to the Official Plan. Does the variance conform to the general intent of the Zoning By-law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By-law 97-95, which permits dwellings and accessory buildings. The proposed northerly side yard setback of 1.5 metres (approximately 5 feet) is still considered adequate to provide access around the dwelling and maintain a spatial separation from the adjacent property. The proposed front yard setback of 6 metres (approximately 20 feet) would provide adequate space for a driveway, without forcing parking to encroach onto the road allowance. The proposed 6 metre (20 feet) rear yard setback would allow for a rear yard amenity area that will have sufficient space to be functional. Despite the relatively small first floor area (29.7 square metres or 97 square feet), the actual foot -print size of the proposed building would be 214 square metres (2304 square feet). The applicant has proposed a house design where much of the first (ground) floor would consist of garage and storage space. Overall, Planning Staff is of the opinion that, given the small size of the existing lot, the proposed variances are reasonable for the purposes of the redevelopment of the lands and the applicant has supplied information to demonstrate that the development can be serviced by a tertiary (Waterloo Biofilter) septic system. Based on the above, the requested variances are considered to meet the purpose and intent of the Zoning By-law and would be considered appropriate for the desirable development of the lot. Is the variance minor? As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character or uses of the surrounding area, the variances are considered to be minor. Development Services July 16, 2015 Report No. DS2015-062 Page 3 of 9 Page 42 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe • Lake Simcoe Protection Plan • County of Simcoe Official Pian • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Quality of Life To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: • Environmental Services Division - no concerns • Transportation Division - • Building Division — the location of the proposed tertiary private on-site sewage disposal system be verified by an Ontario Land Surveyor, due to its close proximity to a well. • County of Simcoe - Attachments: Schedule #1A & 1B: Location Map & Aerial Photo Schedule #2: Site Plan Schedule #3: Elevation Drawings Development Services July 16, 2015 Report No. DS2015-062 Page 4 of 9 Page 43 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-13 be approved, specifically, to permit the construction of a single detached dwelling, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Derek Witlib, MCIP RPP Manager, Planning Services SMT Approval / Comments: Development Services July 16, 2015 Report No. DS2015-062 Page 5 of 9 Page 44 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... Schedule 1 A: Location Map Schedule 1 B: Aerial Photo Development Services July 16, 2015 Report No, DS2015-062 Page 6 of 9 Page 45 of 159 r su o m v � v a M v Schedule 1 B: Aerial Photo Development Services July 16, 2015 Report No, DS2015-062 Page 6 of 9 Page 45 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... Schedule 2; Applicant's Site Plan a7`xYd ' (3't.•r.} t"3t�? j t"3.6,^aj /jI Development Services July 16, 2015 Report No. DS2015-062 Page 7 of 9 Page 46 of 159 /�a r �� h boor � >'�+ld,�l �N�• __ j 'SRC✓ Y lj 67, M> �/ i � _ �•�SrpX G,gK � A-rwt, ZZ -._. _..._ ---� -- —. on G..,.rJt �c�sit i <k, • (/jr/iM} 1IX�K ;K . • �: i �sf !' /hnt . mA�,fr � fc.i. : •t ! a7`xYd ' (3't.•r.} t"3t�? j t"3.6,^aj /jI Development Services July 16, 2015 Report No. DS2015-062 Page 7 of 9 Page 46 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager Schedule 3: Elevation Drawings Front: LIU A Rear: E; ----T -'I � F -v- I Gr y r Lear 34 (—,P—) Development Services July 16, 2015 Report No. DS2015-062 Page 8 of 9 Page 47 of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... Schedule 2: Elevation Drawings Cont. North: South: Development Services July 16, 2015 Report No. DS2015-062 Page 9 of 9 Page 48' of 159 6.a) 6:00 p.m. Report No. DS2015-062, Derek Witlib, Manager,... <t Lake Simcoe Region conservation authority A Watershed for Life Sent by email: dwitlib@oro-medonte.ca July 10, 2015 File No: 2015-A-13 IMS File No: PVOC1514C2 Mr. Derek Witlib Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Minor Variance 2015-A-13 224 Lakeshore Road East Township of Oro-Medonte, County of Simcoe Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Application for Minor Variance. It is our understanding that the applicant is requesting relief from Section 4.0 Table 131 of Zoning Bylaw 97-95 to allow for • A 6 metre front yard setback where the bylaw requires a minimum 7.5 metres • A 6 metre rear yard setback where the bylaw requires a minimum 7.5 metres • A 1.5 metre interior side yard setback where the bylaw requires a minimum 3.0 metres • A 29.7 square metre first floor area where the bylaw requires a minimum 90 square metres The property in question is adjacent to the floodplain associated with Barilla Creek and is approximately 90 metres from the shoreline of Lake Simcoe. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake Simcoe Protection Plan (LSPP), Ontario Regulation 179/06 under the Conservation Authorities Act. Based on our review, we have no objection to any approval of this application. 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-�Bulord,. Development Planner LBB/hh c. Charles Burgess, LSRCA, Planning Coordinator (email only) Betty Pakulski, LSRCA, Environmental Regulations Analyst (email only) S:\Planning and Development Services\Planning Act\Planning Act Applications\Oro-Medonte\141338 224 Lakeshore Road E\07-10-2015 Bulford Oro Medonte PVOC1513 2015-A-16 224 Lakeshore Road East.docx 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 I Fax: 905.853.5881 1 E -Mail: Info@LSRCA .on.ca Proud winner of the International Thiess Riverprize I Member of Conservation Ontario Page 49 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... 10"ship of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-059 Development Services Adrianna Spinosa, Committee Planner Meeting Date: Subject: Motion # July 16, 2015 Minor Variance Application 2015-A-14 Andrew Plunkett Roll #: R.M.S. File #: 4346-010-001-18000 2064 Old Barrie Road West D13-49149 Recommendation(s): Requires Action For Information Only 1 It is recommended: 1. That Report No. DS2015-059 be received and adopted. 2. That Minor Variance Application 2015-A-59 by A. Plunkett, specifically to permit an accessory building located in the front yard with an increased floor area of 111.5 square metres and an increased height of 4.8 metres, on lands located in Concession 2 North Part Lot 25, Registered Plan 51 R11010, Parts 1 and 2, Registered Plan 51 R27052, Part 1 (Oro), Township of Oro-Medonte, known as 2064 Old Barrie Road West, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.3.a, 5.1.4 and 5.1.6 of Zoning By-law 97- 95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) 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 of 111.5 square metres; 3) Confirming, prior to approving the framing inspection that the maximum height of the accessory building is no more than 4.8 metres measured from grade to the midpoint of the roof; d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Development Services July 16, 2015 Report No. DS2015-059 Page 1 of 7 Page 50 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Background: The subject property is 0.27 hectares (0.67 acres) and contains a single detached dwelling. The applicant is proposing to construct an accessory building for storage of recreational vehicles. The property is zoned Rural Residential Two (RUR2) in the Township's Zoning By-law and the applicant is requesting the following relief from By-law 97-95: Section 5.1.3.a — Permitted locations for detached accessory buildings Section 5.1.4 — Maximum height of any detached accessory building or structure Section 5.1.6 — Maximum floor area of any one detached accessory building Analysis: Provincial Policies Required Not permitted in the front yard 4.5 metres (14.76 feet) 70 sqaure metres (753 square feet) Proposed Locate in front yard (18 metres from the front lot line) 4.95 metres (16.24 feet) 83.61 square metres (900 square feet) 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: 1.1.4 — Rural Areas and 2.3 — Agriculture are applicable 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. Does the variance conform to the general intent of the Official Plan? The subject lands are designated Agricultural in the Township's Official Plan, and Section C1 of the Official Plan contains policies related to the use and development of lands in this designation. Permitted uses include single detached dwellings and accessory buildings, as outlined in section C1.2. One of the Official Plan's stated objectives (Section CIA) of the Agricultural designation is "to protect land suitable for agricultural production from development and land uses unrelated to agriculture." The subject property does not permit for agricultural production and although the proposed structure is not directly intended for agricultural uses, the structure -type fits in with the agricultural surroundings. Furthermore, the proposed detached garage is Development Services July 16, 2015 Report No. DS2015-059 Page 2 of 7 Page 51 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... accessory to the single detached dwelling which is a permitted used. Based on the above, the requested variances conform to the Official Plan. Does the variance conform to the general intent of the Zoninq By-law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Rural Residential Two (RUR2) Zone in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, an accessory building is permitted pursuant to Section 5.1. The proposed development of the lands requires relief from permitted location, maximum floor area and maximum height for accessory buildings in the By-law. Accessory Building is defined in the Zoning By-law as "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, exclusively devoted to, the principal use or main building on the same lot." The Zoning By-law restricts the size of accessory buildings to ensure that such structures remain secondary and subordinate to the main residential use of the property, as well as to prevent over -development that would detract from the rural character of the area. The primary building on the lot is about 130 square metres which is larger than the proposed accessory building. However, it is important to consider that "secondary" is not only defined by size. Based on the proposed use of the building, the accessory building remains subordinate to the residential use. Upon site visit, Staff has identified that the proposed location appears to have little to no impact on the neighbouring properties. The single detached dwelling is located 32 metres from the front property line and the applicant has requested permission to construct the detached garage 18 metres from the front property line. The Zoning By- law prohibits accessory buildings in the front yard of residential -zoned properties to insure that the streetscape remains primarily residential. However, accessory buildings are permitted to be located in front of the house for Agricultural/Rural Zoned properties, as the By-law is not intended to prohibit storage buildings on such properties which typically have greater setbacks and less dense development. Although the subject property is zoned Rural Residential Two, it is immediately adjacent to lands zoned Agricultural/Rural. Based on the location of the septic system, there is no other location for a detached structure on the property. As the property is surrounded by open field and the proposed location of the structure does not obstruct the view of the dwelling from the street, it is considered an appropriate location for the structure. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law, and would be considered appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance 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 for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services July 16, 2015 Report No. DS2015-059 Page 3 of 7 Page 52 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Corporate Strategic Goals: Quality of Life To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: • Transportation & Environmental Services Division: • Building Division: maintain 5 metre setback to septic system. • County of Simcoe: No comments or concerns with the proposed location of the garage. • NVCA: proposed work occurs completely outside of the regulated area and therefore no permits or approvals will be required. Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Floor Plan & Elevations Development Services July 16, 2015 Report No. DS2015-059 Page 4 of 7 Page 53 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-14 be approved, specifically, to permit the construction of an accessory building, on the basis that the application appears to meet the four tests of the Planning Act. Respectfully submitted: Adrianna Spino Planner SMT Approval / Comments: Schedule 1: Location Map 2015-A-14 (Plunkett) Reviewed by: Derek Witlib, MCIP RPP Manager, Planning Services N day. EM Subject Lands Development Services July 16, 2015 Report No. DS2015-059 Page 5 of 7 Page 54 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Schedule 2: Applicant's Site Plan 2015-A-14 (Plunkett) putseptic 19M Loading Tank MAL% am NAM M 301104 23M 12 10.6 -- Sapr�#c F-lotaln _ Bid 4 15M <=4M well O , Porch Proposed Garaga 2M 34AM 2.1 32 M Drive { WAY ' 1 8M Oid Barrie. Rd Development Services July 16, 2015 Report No. DS2015-059 Page 6 of 7 Page 55 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Schedule 3: Floor Plan & Elevations 2015-A-14 (Plunkett) 1 ------------------------------- R Front Elevation w ant-, I I , I 4c Side Elevation — aa.w- Development Services July 16, 2015 Report No. DS2015-059 Page 7 of 7 Page 56 of 159 n ri Ml alas QeeaS I10 Wait f0 aCto3i LVPM aOM9AVIB1 2-2.ta n'�' ant acryt 12'10' oM ooa b b Development Services July 16, 2015 Report No. DS2015-059 Page 7 of 7 Page 56 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Plunkett, Andrew (6056490) From: Murphy, Paul [Paul. Murphy@simcoe.ca] Sent: Wednesday, May 27, 2015 4:09 PM To: dwitlib @ aro-medonte.ca Cc: Plunkett, Andrew (6056490) Subject: FW: 2064 Old Barrie Rd West - Garage set back from road Attachments: IMG_20150527_150237.jpg; IMG_20150527_150117.jpg; IMG_20150527_150839.jpg;1MG_ 20150527_151735.jp9 Hi Derek, I have reviewed the attached copies showing the proposed garage location. County Staff have no comments or concerns with the proposed location of the garage. If you require any further information, please do not hesitate in contacting me. Sincerely Paul Murphy Engineering Technician 11 The County of Simcoe, Transportation and Engineering Department 1110 Highway 26, Midhurst, Ontario LOL 1X0 Tel: 705-726-9300 Ext: 1371 Fax: 705-727-7984 E-mail: ipaul.murphy@simcoe.ca www.simcoe.ca From: Plunkett, Andrew (6056490)[mailto:andrew.plunkett@bell.ca] Sent: Wednesday, May 27, 2015 3:24 PM To: Murphy, Paul Subject: 2064 Old Barrie Rd West - Garage set back from road Hi Paul These are pictures I took of the drawings. 15` picture is of the house were the septic bed is, this is why the garage is going where it is. 2"d picture is the original lot 3`d is mocked it up to show you where the garage would sit, in 2008 there was an addition added to the house before I purchased measured to the culvert under the drive. 4'h picture is of the additional 15 meters added to the west side of the property to accommodate the new septic bed where the garage will sit mostly on. Let me know if you need more details or different information. Andrew Plunkett Specialist, Facilities Engineering 5025 CreekBank Rd. Floor 5, ( Blgd A) Mississauga,ON, L4W OB6 M : 416-809-2666 Page 57 of 159 6.b) 6:15 p.m. Report No. DS2015-059, Adrianna Spinosa, Plan... Plunkett, Andrew (6056490) From; Logan Juffermans [Ijuffermans@nvca.on.ca] Sent: Wednesday, June 03, 2015 4:46 PM To: ifalconiCoro-medonte.ca; mryan@oro-medonte.ca Cc: Plunkett, Andrew (6056490) Subject: NVCA Clearance: 2064 Old Barrie Road West, Oro-Mecionte Attachments: IMG_20150527_150839.jpg; Garage IMG_20150421_231453 (2).jpg; 2064 Old Barrie Road West, Oro-Medonte.pdf Hello Teresa and Michael, I have been contacted by Andrew Plunkett regarding the construction of an accessory structure on his property off Old Barrie Road. The noted parcel appears to be partially regulated by NVCA regulations, however this area is limited to the extreme northwest corner of the parcel. The proposed work as detailed in the image above occurs completely outside of the NVCA regulated area and therefore no permits or approvals will be required for this work from the NVCA, This email may serve as a clearance in the matter under the NVCA's mandate being Ontario Regulation 172/06, established under the Conservation Authorities Act. If you have any questions regarding this project, property, or NVCA regulations do not hesitate to contact me directly. Thank you and have a great evening. Sincerely, Logan Juffermans, M.Sc. I Planning Assistant I Nottawasaga Valley Conservation Authority 8195 8th Line I Utopia, Ontario LOM 1T0 19 705 424-1479 x244 I Fax 705-424-2115 1 lfuffermans@nvca.on.ca 1 www.nvca.on.ca Page 62 of 159 `14ftw. I., D 10 20 40 Meters Nottawasaga Valley Conservation Authority 2064 Old Barrie Road West Oro-Medonte NVCA Regulated Extent The information provided in our generic r.gWatima floodplain Model" Is computer generated based on our digital elevation modal and a number of conservative assumptions that would not meet'nent provincial floodplain mapping standards. Use of this ahformetim is only sufficient to provide an approximate location of the Regional flood clovaum. Por she specific development applications all Irpuat to the model need to be reviewed by a quagied expert and adjusted to ..at —ent provincial standards. This map has been produced for 11mbative purposes only. Me every effort has been made to scarrately depict i the Information, datelmapping anon may exist. ( 2015 - Reproduction of this map is prohibited without written ' permission Irom the Nott wasags Valley Conservation Authority. N .. Universal Transverse Mercator (UTM) Zone 17 North North American Datunh 9NAD) 1981 010 20 40 1 I 1 l 1 Meters Nottawasaga Valley Conservation Authority' 2064 Old Barrie Road West Oro-Medonte ® NVCA Regulated Extent The information provided in our generic reguletlons doodpiatn mode" is oompuW generated based on our 41g1M elevation model end a mmiher of ootrervafve assumptions haTvroulA rmt meateumntprarimAllbodpfefo mapping sbnGrds. Uasotrils Mtormedon Is onVNuflident b prOVId• an ADWatrinnts lnoation of he Regbnartiood *Wwd-. For it. specMo development opplialone el Inputs to the model need to be MVW"d by a ..114od e1QrM and adwetad to meet ounent provincial ab ndarA.. Tni. map has been produced for Ihstative purpoeas *NY, Mile every *Karl Me been made to sccuro* depict. he Information. fte/mapping anon may axkl. 200 - Reproduction of his map Is prohibited without -Itb n permission tom he Nanawregga V&W Conservation Authority. Universe) Ttarwyew Mercator (U -TM) rn Zof7 Norh North AmwIcen Datum SNAD) 1983 D Z 0 0 Cn N O f � O C1 co D w ` Cn 0 (n N- fy A� 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... za Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-057 Development Services Catherine McLean Committee Meeting Date: Subject: Motion # July 16, 2015 Minor Variance Application 2015-A-15 Nigel & Jennifer Shaw 28 Conder Drive Roll #: 4346-020-004-07200 R.M.S. File #: D13-49150 Recommendation(s): Requires Action 0 For Information Only I It is recommended: 1. That Report No. DS2015-057 be received and adopted. 2. That Minor Variance Application 2015-A-15 by Nigel & Jennifer Shaw, specifically to permit an accessory building in the rear yard with a floor area of 139.35 square metres (1,500 square feet) on lands located in Concession 13 Part Lot 8 (Medonte), Township of Oro-Medonte, known as 28 Conder Drive, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.6 (maximum accessory structure floor area) of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor provide 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, that the detached accessory building does not exceed a floor area of approximately 139.35 square metres; and d) That the appropriate Zoning Certificate and Building Permits be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Development Services July 16, 2015 Report No. DS2015-057 Page 1 of 7 Page 67 of 159 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... Background: Development Proposal The Owner proposes to construct a 139.35 square metre detached accessory building, and requests variance to the following Section of Zoning By-law 97-95: 1) Section 5.1.6 — The maximum floor area of a detached accessory building Required: 70 square metres (753.5 square feet) Proposed: 139.35 square metres (1,500 square feet) The Applicant's Site Plan is attached in Schedule 2. Property Description The subject property is 0.38 hectares (0.94 acres) and contains a single detached dwelling, two sheds, a sea container (160 sq.ft.) and a temporary pump shelter (240 sq.ft.) for storage purposes. The applicant is proposing to build a larger accessory building (1,500 sq.ft.) and remove the sea container and temporary shelter upon completion of the new accessory building. Oro-Medonte Official Plan The subject lands are designated "Rural Residential" by the Official Plan (OP). Permitted uses include single detached dwellings, home occupations, bed & breakfast establishments and accessory uses. Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Rural Residential Two (RUR2) Zone. Permitted uses in the RUR2 Zone include single detached dwellings, and accessory structures such as detached garages and storage sheds. Section 5.1.4 permits a maximum accessory structure height of 4.5 metres. Section 5.1.5 permits a maximum accessory structure lot coverage of 5%. Section 5.1.6 permits a maximum accessory structure floor area of 70 square metres. 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. Section 1.1.4 — Rural Areas in Municipalities apply to this application. This section has been reviewed and Staff is of the opinion that this application is consistent with the policies in the PPS. Development Services July 16, 2015 Report No. DS2015-057 Page 2 of 7 Page 68 of 159 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... Limited Residential uses and their accessory structures are permitted in the Rural and Agricultural Lands designation of the County Official Plan. Analysis: The Planning Act's Four Minor Variance Tests 1. Does the variance conform to the general intent of the Official Plan? The subject lands are designated Rural Residential in the Township's Official Plan, and Section 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 accessory uses. The Official Plan's stated objective (Section C4.1) of the Rural Residential designation is to "recognize existing estate, country estate and chalet residential developments in the Township." The proposed detached storage garage is accessory to the single detached dwelling which is a permitted use. Based on the above, the requested variance conforms to the Official Plan. 2. Does the variance conform 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 Rural Residential Two (RUR2) Zone in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, an accessory building is permitted pursuant to Section 5.1. The Zoning By-law contains performance standards for accessory structure height, floor area and lot coverage to ensure that the primary permitted use of the subject lands remains predominant, and to prevent overdevelopment of residentially -zoned properties with accessory structures. The proposed development of the lands would comply with setback and height requirements, but requires relief from the Committee to exceed the maximum floor area requirement. The proposed variance maintains the intent of the zoning by-law and is considered appropriate for the following reasons: The proposed storage garage would have a floor area of 139.35 square metres. The maximum floor area for a garage is 70 square metres to ensure that individual detached accessory structures remain secondary and subordinate to the primary permitted use of the lands. In this case, the existing dwelling has a floor area of 245.26 square metres; therefore, the proposed garage, at 139.35 square metres, would remain smaller than and secondary to the dwelling. No negative visual or environmental impacts would result from the proposed development. The subject residential property is large at 0.38 hectares (0.94 acres). The proposed storage garage would be located in the rear yard, with a setback of over 90 metres from the front property line and it would not be seen from Conder Drive. In addition, the accessory building would be screened by mature tree cover and natural vegetation from neighbouring parcels. Development Services July 16, 2015 Report No. DS2015-057 Page 3 of 7 Page 69 of 159 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... • There is a Janeway running along the northern side of the property which would be used to access the rear yard for construction. • Once the proposed storage garage is constructed, the temporary sea container and storage shelters would be removed therefore cleaning up the property. • Other properties at the north end of Conder Drive have large detached accessory structures in the rear yard, similar to the storage garage being proposed. • Notwithstanding the requested variance, the proposed storage garage would otherwise comply with all other applicable provisions of Zoning By-law 97-95. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law, and would be considered appropriate for the desirable development of the lot. 4. Is the variance minor? As the proposed variance 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 for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: I Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan I Corporate Strategic Goals: I Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Development Services July 16, 2015 Report No. DS2015-057 Page 4 of 7 Page 70 of 159 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... Consultations: • Internal Township Departments: o Transportation and environmental services o Building department • County of Simcoe • First Nations • Neighbouring landowners within 60 metres (200 feet): No objection received. Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-15 be approved, specifically, to permit the replacement of an accessory building, on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Cath cLen �°t/ Planning Student SMT Approval / Comments: Re 'ewe!d by: rek Witlib, Cl Manager, Planning Services Development Services July 16, 2015 Report No. DS2015-057 Page 5 of 7 Page 71 of 159 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... Schedule 1: Location Map 2015-A-15 (Shaw) Development Services July 16, 2015 Report No. DS2015-057 Page 6 of 7 Page 72 of 159 6.c) 6:30 p.m. Report No. DS2015-057, Catherine McLean, Plan... Schedule 2: Applicant's Site Plan 2015-A-15 (Shaw) 1 3AING NOONQO $Z 0 J a � Development Services July 16, 2015 Report No. DS2015-057 Page 7 of 7 Page 73 of 159 6.d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan... Township o� f Report Proud .Heritage, Exciting Future Report No. To: Prepared By: DS2015-058 Development Services Catherine McLean Committee 9.84 feet Meeting Date: Subject: Motion # July 16, 2015 Minor Variance Application 2015-A-16 George & Heidi Caufin 175 Lakeshore Road West Roll #: 4346-010-009-34100 R.M.S. File #: D13-49156 Recommendation(s): Requires Action For Information Only I It is recommended: 1. That Report No. DS2015-058 be received and adopted. 2. That Minor Variance Application 2015-A-16 (Caufin) be deferred, and that the Development Services Committee reserve its decision until a revised site plan is received indicating the proposed location of the septic system and well. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The Owner proposes to demolish and reconstruct a two storey single detached dwelling (228.5 square metre dwelling, 35.5 square metre porch and a 119 square metre attached garage) and requests variance to the following Section of Zoning By-law 97-95: 1) Sec 2) Sec tion 4.0 l able 131 — Minimum interior side yard setback Required Proposed 3 metres 1.88 metres 9.84 feet 6.17 feet Cron 4.0 I able E31 — Minimum front yard setback Required Proposed 7.5 metres 4 metres 24.61 feet 13.12 feet The Applicant's Site Plan is in Schedule 2. Proposed building elevations are in Schedule 3. Development Services July 16, 2015 Report No. DS2015-058 Page 1 of 8 Page 74 of 159 6.d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan... Property Description The subject property is a "waterfront" lot, having an area of 0.198 hectares (0.49 acres), 30.48 metres (100 ft.) of frontage on Lakeshore Road West and 33.05 metres (108.43 ft.) of frontage on Lake Simcoe. The property currently contains a single detached dwelling. The existing dwelling had received a minor variance (Application A-14/03) in 2003 to permit an interior side yard setback of 1.88 metres (6.17 feet). Surrounding parcels to the east and west along the south side of Lakeshore Road West consist of lakefront properties having a mix of seasonal and year-round dwellings. Properties to the north consist of low density residential dwellings. A map of the subject lands and site photos are in Schedule 1. A review of the surrounding area also reveals that a number of the neighbouring residential dwellings have also received variances to permit reduced front and side yard setbacks. Analysis: Oro-Medonte Official Plan The subject land is designated "Shoreline" by the Official Plan (OP). Permitted uses include single detached dwellings and accessory structures, home occupations, small scale commercial uses, public parks, and bed & breakfast establishments. Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Shoreline Residential (SR) Zone. Permitted uses in the SR Zone include single detached dwellings, and accessory structures such as detached garages, storage sheds and boathouses. Simcoe County Official Plan Limited residential uses are permitted in the Rural and Agricultural Lands designation of the County Official Plan. Section 3.13 — Lake Simcoe Protection Plan applies to this application. Provincial Policies The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Sections 1. 1.4 — Rural Areas in Municipalities, 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 Natural Hazards apply to this application. As the subject lands front on Lake Simcoe, the shoreline is contained within the regulated area in the Lake Simcoe Protection Plan under the Lake Simcoe Shoreline policies. Development Services July 16, 2015 Report No. DS2015-058 Page 2 of 8 Page 75 of 159 6.d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan... The property is under the jurisdiction of the Lake Simcoe Region Conservation Authority (LSRCA). Any new buildings or structures proposed within the regulated area are subject to review and permit from the LSRCA. As of the preparation of this report, Development Services Staff is awaiting comments from the LSRCA relating to Ontario Regulation 197/06 under the Conservation Authorities Act. The members of the Committee should have significant regard to any comments or requirements of the Lake Simcoe Region Conservation Authority. The four tests for a minor variance will be analyzed upon receiving the additional information. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Development Services Committee be appealed to the Ontario Municipal Board. Policies/Legislation: • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Corporate Strategic Goals: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: • Internal Township Departments: o Transportation and environmental services o Building department: recommended deferral based on incomplete site plan (the site pian does not indicate tanks, pumps, bed area, mantle, well and setbacks) • County of Simcoe: • Lake Simcoe Region Conservation Authority: • First Nations: • Neighbouring landowners within 60 metres (200 feet): Development Services July 16, 2015 Report No. DS2015-058 Page 3 of 8 Page 76 of 159 6.61) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan... Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Elevations Conclusion: Based on comments from the Building Department and on staff's discussion with LSRCA staff, Planning Staff recommends that Minor Variance Application 2015-A-16 (Caufin) be deferred until a revised site plan is obtained indicating the septic system and well. Respectfully submitted: Catherine McLean Planning Student SMT Approval 1 Comments: Development Services Report No. DS2015-058 Reviewed by: X)L-k 4A Derek Witlib, MCIP RPP Manager, Planning Services July 16, 2015 Page 4 of 8 Page 77 of 159 6.d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan... Schedule 1: Location Map 2015-A-16 (Caufin) Development Services July 16, 2015 Report No. DS2015-058 Page 5 of 8 Page 78 of 159 6.d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan Schedule 2: Applicant's Site Plan 2015-A-16 (Caufin) %SGtSTUReO ftM *1 ) laxwLeVASO I V+11 ST a qc S140 AsROf (Ln low k, lift 30ONS 9N'vq Development Services July 16, 2015 Report No. DS2015-058 Page 6 of 8 Page 79 of 159 3} � moll _ x 1111 1111 � ONE! Not -- ' �.N, tIII IIID ,i 1f .N lififill ".�, 6.d) 6:45 p.m. Report No. DS2015-058, Catherine McLean, Plan... Development Services July 16, 2015 Report No. DS2015-058 Page 8 of 8 Page 81 of 159 6.d) 6:45 p.m. Report No. DS2015-058, a er in PlanLake Simcoe Region i5 'NNLean, � conservation authorityQ� `r Sentbyemail: dwitlib@oro-medonte.ca July 13, 2015 Mr. Derek Witlib Township of Oro-Medonte 148Line 7S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Minor Variance 2015-A-16 175 Lakeshore Road West Township of Oro-Medonte, County of Simcoe A Watershed for File No: 2015-A-16 IMS File No: PVOC1513C2 Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Application for Minor Variance. It is our understanding that the applicant is requesting relief from Section 4.0, Table B1 of Zoning Bylaw 97-95 to allow for: • A 1.6 metre interior side yard setback where the bylaw requires a minimum 3 metres • A 4 metre front yard setback where the bylaw requires a minimum 7.5 metres The property in question is on the shoreline of Lake Simcoe and adjacent to Lakeview Creek. It is subject to the shoreline erosion and flooding hazards of the lake and watercourse. The applicant is proposing to demolish the existing residence and replace it with a new single dwelling unit. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake Simcoe Protection Plan (LSPP), Ontario Regulation 179/06 under the Conservation Authorities Act. Based on our review, we recommend that any approval of this application be deferred until the following information is provided to our satisfaction: 1. A site plan illustrating the existing building location in comparison to the proposed building location with all related setbacks to all property lines provided. 2. A topographic survey/grading plan that illustrates existing and proposed grading of the site. This plan must demonstrate that the proposed house and garage can be floodproofed as per the LSRCA Watershed Development Guidelines (2015) and maintain existing surface drainage patterns. Page 1 of 2 120 Bayview Parkway, Box 282 ( Tei: 905,895,1281 1.800.465,0437 I Web: www.LSRCA,on.ca Newmarket, Ontario L3Y 4X1 Fax: 905.853,5881 E -Mail: Info@LSRCA,on.ca Proud winner of the international Thiess Riverprize Member of Conservation Ontario Page 82 of 159 6.d) 6:45 p.m. Report No. DS2015-058, Cathfdi��qq��gqttt� Plan... conservation au�hor�ify July 13, 2015 File No: 2015-A-16 IMS File No.: PVOC1513C2 Mr. D. Witlib Page 2 of 2 Please note that a permit from our offices will be required for any site alteration or development on this property as per Ontario Regulation 179/06 of the Conservation Authorities Act~ 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, L�ethBulford,.Sc. Development Planner LBB/hh c. Charles Burgess, LSRCA, Planning Coordinator (email only) Betty Pakulski, LSRCA, Environmental Regulations Analyst (email only) S:\Planning and Development Services\Planning Act\Planning Act Applications\Oro-Medonte\137415175 Lakeshore Road West\07-10-2015 Bulford Oro Medonte PVOC1513 2015-A-16175 Lakeshore Road West.docx Page 83 of 159 6.e) 7:00 p.m. Report No. DS2015-063, Derek Witlib, Manager,... Zn Toumship of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-063 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 16, 2015 Minor Variance Application 2015-A-17 (Poge) 301 Warminster Sideroad Roll #: R.M.S. File #: 4346-020-003-06800 D13 49173 Recommendation(s): Requires Actions For Information Only( It is recommended: 1. That Report DS2015-063 be received and adopted. 2. That Minor Variance Application 2015-A-17 (Poge), being to permit construction of a detached garage on the subject lands, be approved. 3. That approval of the application be subject to the following conditions: a) Notwithstanding Table A5 — Environmental Protection Zone (permitted uses) 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 the proposed buildings/structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed buildings/structures on the property be in conformity with the dimensions as set out in the permit approved by the Nottawasaga Valley Conservation Authority; d) That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding. 4. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Development Proposal The owner proposes to construct a 7.3 metres by 8.5 metres (24 feet by 28 feet) detached garage, and requests relief from the permitted uses of the Environmental Protection (EP) Zone, which does permit buildings or structures, other than those required for flood or Development Services Department Report No. DS2015-063 Page 1 of 6 Page 84 of 159 erosion control. The Imager,... Applicant's Site Plan is attached in Schedule 2. Property Description The subject lands are a rural lot, having an area of 0.95 hectares (2.37 acres) and 53.3 metres (175 ft.) of frontage on Warminster Sideroad. The property contains a 1 -storey dwelling and 2 sheds. A watercourse meanders along the easterly property boundary and there is a valley associated with the watercourse. Surrounding parcels to the south, east and west consist of rural residential lots, and lands to the north are in agricultural uses. Oro-Medonte Official Plan The subject lands are designated "Agricultural" by the Official Plan. Permitted uses include single detached dwellings and accessory structures, agricultural uses and structures, and bed & breakfast establishments. Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone. Permitted uses in the A/RU Zone include single detached dwellings, and accessory structures such as detached garages and storage sheds. None of these structures are permitted in the EP Zone. Both the proposed garage and the applicant's existing house are located within the EP Zone. Analysis: 1) Do the variances conform to the general intent of the Official Plan? The subject lands are designated Agricultural in the Township Official Plan. The policies of the Official Plan permit single detached dwellings and accessory buildings to residential uses on lands within this designation. The proposal seeks to modify zoning provisions that apply to an otherwise permitted use in the underlying designation, and would otherwise conform to the general intent of the Official Plan. 2) Does the variance maintain the general intent of the Zoning By-law? 3) Is the variance appropriate for the desirable development of the lot? Zoning By-law 97-95 Prohibits structures in the EP Zone because EP zoned lands represent wetlands, river valleys and other environmentally sensitive areas whose features and function might be negatively impacted by development, or where the placement of development might put people or property at risk from natural hazards. Planning Staff notes that the proposed building location is on high ground, away from the watercourse. The applicant has applied for and obtained a permit from the Nottawasaga Valley Conservation Authority (NVCA) to allow the proposed detached garage. It is a mandate of the NVCA to assess the suitability of development in relation Development Services Department Report No. DS2015-063 Page 2 of 6 Page 85 of 159 to environmentally se&ew�Q0aad-R@iwarN@.aPc$"n%jQRjBlARpt S\M ld;fAla nager,... to the NVCA's expertise in this regard, that there will be no unacceptable negative impacts on the natural features of the lands or on the proposed building. Therefore, Staff is satisfied that this application maintains the purpose and intent of the Zoning By- law and that the development is appropriate for the desirable development of the lot. 1) Is the variance minor? As the application conforms to the general intent of the Official Plan and Zoning By -Law and is appropriate for the desirable development of the lot, the proposed variance is considered to be minor. Financial / Legal Implications / Risk Management: I Potential financial and legal implications should the decision of the Development Services Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95 Corporate Strategic Goals: Quality of Life: To contribute to enriched quality of life for residents by maintaining Oro- Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability: to build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: • Internal Township Departments: no comments received. • Neighbouring landowners within 60 metres (200 feet): no commenced received. • Nottawasaga Valley Conservation Authority: Permit # 2015-13083 approved April 15, 2015. Attachments: Schedule 1A & 1 B: Location Map & Aerial Photo Schedule 2: Applicant's Site Plan Schedule 3: Elevations Development Services Department Report No. DS2016-063 Page 3 of 6 Page 86 of 159 Conclusion: ager,... Planning Staff recommends that Minor Variance Application 2015-A-17 be approved, specifically to permit the construction of detached garage, for the reasons that the variance meets the four tests of the Planning Act. Respectfully submitted Z401-- /% Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: Development Services Department Report No. DS2015-063 Page 4 of 6 Page 87 of 159 6.e) 7:O§cpd&l(,P\W.4r&Nf?OP15-063, Derek Witlib, Manager ... Schedule 1 B: Aerial Photo Development Services Department Report No. DS2015-063 Page 5 of 6 Page 88 of 159 6.e) - &FUW l ELNg.,Q§U5-063, Derek Witlib, Manager,... Schedule 3: Elevations Development Services Department Report No. DS2015-063 Page 6 of 6 Page 89 of 159 From: Logan Juffermans fmtail ct:tRiffi�tr�at s �,�m a1DS2015-0��1 'r" r/itli11 nag r,... 14 2 1 4: 7 P� ��� Sent: Tuesday, July 0 5 0 M To: Leigh, Andria; Spinosa, Adrianna Subject: FW: NVCA Comments: Notices of Consent Applications 2015-B-09; 2015-B-10; and 2015- A-17 Hello Andria and Adrianna, Please find below the NVCA comments for the upcoming minor variance and consent applications to be discussed on Thursday. My apologies for the delay. Please let me know if you require any further information. Kind regards, Logan Logan Juffermans, M.Sc. I Planning Assistant I Nottawasaga Valley Conservation Authority 8195 8th Line I Utopia, Ontario LOM 1 T I ( 705 424-1479 x244 I Fax 705-424-2115 I liuffermans@nvca.on.ca I www.nvca.on.ca From: Logan Juffermans Sent: July -14-15 3:55 PM To: 'dwitlib @ oro-medonte.ca' Cc: Timothy Salkeld; Brianna Belcourt Subject: NVCA Comments: Notices of Consent Applications 2015-B-09; 2015-B-10; and 2015-A-17 Hello Derek, Please find included comments based upon your circulation of notices for Committee of Adjustment applications: 2015-B-09 T CA has no objection to the proposed consent to sever a lot for future residential uses. Po f the severed and retained parcels occur outside of the NVCA regulated area and future e ment will be directed to these locations. A permit or approval may be required from the NVCA as of future development and pre -consultation is recommended. • 2015-B-10 The NVCA has no objection to the propose sent to create an easement for utility purposes in favour of lands to the north being 1106 Ho oe Valley Road. A permit or approval may be required from the NVCA. • 2015-A-17 (Pope) The NVCA has no objection to the proposed residential accessory building (detached garage) in the EP Zone. A permit for the proposed garage development was issued by NVCA staff and this has been attached. Thank you for circulating these applications and please forward a copy of any decision. Kind regards, Logan Logan Juffermans, M.Sc. I Planning Assistant I Nottawasaga Valley Conservation Authority 8195 8th Line I Utopia, Ontario LOM 1 TO I ( 705 424-1479 x244 I Fax 705-424-2115 I liuffermans@nvca.on.ca I www.nvca.on.ca Page 90 of 159 6.e�.7:00 p.m. Report No. DS2015-063, Derek Witlib, Manager,... April 15, 2015 Nottawasaga Valley Conservation Authority PERMIT Centre for Conservation John Hix Conservation Administration Centre #2015-13083 Tiffin Conservation Area 8195 Concession Line 8, Utopia, Ontario LOM 1 T Telephone: 705.424.1479 Fax: 705.424.2115 Email: admin®nvca.on.ca In accordance with Section 28 (1) of the Conservation Authorities Act, R.S.O. 1990 and Ontario Regulation 172106, permission has been granted to the applicant, subject to the conditions below. if you do not agree with these conditions, you have a right to a Hearing under the Conservation Authorities Act. Please notify the Nottawasaga Valley Conservation Authority (NVCA) within 30 days of receipt of this permit to exercise your right to a Hearing. Should you fail to notify the NVCA within 30 days of receipt of this permit, you will agree to the conditions as set out below. APPLICANT: Joe and Sue Poge 301 Warminster Sideroad Coldwater, Ontario LOK 1 EO LOCATION: 301 Warminster Sideroad, Part Lot 6, Concession 9 Township of Oro-Medonte (former Geographic Township of Medonte), County of Simcoe Property Assessment Roll #: 4346020003068000000 UTM Coordinates: Easting 609282, Northing 4940726 PROPOSAL: for the construction of anew detached 24'x 28' detached garage, at the above noted location as indicated on the attached or noted drawings/reports, subject to the following conditions: This permit is valid from A ril 15 2015 to Anvil 15 2017 SPECIAL PERMIT CONDITIONS 1) That consent is given to NVCA, its employees and other persons as required by NVCA, to access the property for the purpose of inspection, obtaining information, and or monitoring any and all works, activities and or construction pertaining to the property in addition to the works as approved under cover of any permit issued by NVCA. 2) That the works be carried out in accordance with the following submissions: • Airphoto maps showing location and size of detached garage (two maps) 3) That no major tree removal or any site alteration shall take place on the slope, the toe of slope or within the valley system and that machinery is prevented from working near the crest of the slope (top of bank). 4) All materials and equipment used for the purpose of site preparation and project completion shall be operated and stored in a manner that prevents any deleterious substance from entering the water. Vehicular re -fuelling and,maintenance should be conducted well away from the water. 5) That this permit does not confer upon you any right to occupy, develop or flood lands owned by other persons or agencies. .. J2 Page 91 of 159 6.e) 7:00 p.m. Report No. DS2015-063, Derek Witlib, Manager,... Page 2 of 2 STANDARD PERMIT CONDITIONS 6) That all development and site alteration is subject to all other applicable federal, provincial and municipal statutes, regulations and by-laws, such as the Municipal Act, Zoning and Tree -Cutting By - Laws, the Federal Fisheries Act, Navigable Waters Act, Public Lands Act, Lakes and Rivers Improvement Act, Drainage Act, Environmental Protection Act and the Ontario Water Resources Act. 7) That appropriate erosion and sediment control measures are installed prior to construction and maintained until all disturbed areas are stabilized, to ensure that sediments do not enter any water- course, wetland, lake, pond or sensitive area within the development or adjacent properties. When an erosion and sediment control plan appears to be inadequate, the deficiencies must be addressed and additional measures or practices implemented as needed. It is the responsibility of the owner and the owner's representative (if contracted) to implement, monitor and maintain all erosion/sedimentation control structures and practices until vegetative cover has been successfully established. 8) That any excess excavated material must be placed at least 30 metres from any slope, lake, pond, wetland, watercourse or floodplain. That any fill material stock piled for longer than 30 days must be stabilized and re -vegetated to prevent erosion. 9) The soils disturbed during construction and access should be stabilized as soon as possible upon completion of work and restored to a pre -disturbed state or better. Disturbed areas should be re- vegetated/seeded when the growing season permits. From September 15th to April 30"', structural stabilization techniques (e.g. application of erosion control blankets) should be utilized. 1o) That the owner provides copies of this permit to any contracting or construction supervisor(s) who must have a copy of the permit available on-site for inspection by an officer when requested and that the owner ensure that all of the contractors and site supervisors are aware of the obligations under this permit including any obligations assigned by the owner to the contractors and supervisors. All contractors and site supervisors must be aware that they may also be held responsible for any violations in relation to the obligations outlined under this permit. Note: It is the responsibility of the applicant to carry out the works in accordance with the above conditions. Failure to do so may result in cancellation of the permit and possible action in accordance with the Conservation Authorities Act. Should you have any questions regarding this permit, please contact Barb Perreault — Manager, Regyer,Regulations Enforcement at (705) 424-1479 extension 245. BarE. ., Maand Enforcement OffiConservation Authorities Act Township of Oro-Medonte — Building/Planning Department File (1) Attachment(s) Conserving Our Healthy Waters www.nvca.on.ca Page 92 of 159 Nottawasaga Valley Conservation Authority 301 Warminster Sideroad Oro-Medonte C,avo-,, a4'wxa�S'a Ap pnl-• X' -b -he NQpe- NVGA Jurisdiction Line Tha M�rmatbn ptwMad In our pamdo nputetbna tlaotlplaM MddaompuYrpnanledbeaad ofWad n.d.1 end a wnum*.%ahwId ml meat m"mt pravL,.g1 CoedplaY meppYp atndarda. Uas of thY YYmMtbn Y enNMURdantdymvldn an appcgtlmed kaatWn al Ite Rapbaal Mod aYYetlm. For aqa dYbapeb dwN"d M appflMent apinpuY to tl" medal neea raYYwadfry a queppad aryad and Wyadd to meet anantproYlmhi atvnGrM. ThYmaphwhampmd=.d Artl tMVYppuryom.* Vdiie rl.gF- rthu baenmada to xcwatwdapla In MYr=wh,deYf"ppMp ane" Wamt. left •ftep ..the .* mepY pmNMYdwlhoul A.M parndWon pamtha NotlwnpaYelay Comarvetlm A+omdty. N Wdnrwl Tnmwtaa M --Ur IUTMI A Ism 17NonhNy Natth Amnlun UMbm aNAM Slai (3) (D O 0 70 X m 0 Z 0 O cn N O Cr O W I S7 .—r 41 T 03.79.5 15 1 r i r 1 Mat - c �;Nottawasaga Valley f Conservation Authority 301 Warminster Road Oro-Medonte NVCA Jurisdiction Line 1 The Information Pmvlded In our penerk reputation. 0oodptaln modalnpboompularpe tndbawdone dlpittl Wwatkn modal and a number of oon.emdve assunWWn. that would not meet ounent provhwld ltmodplah rrtapphp atwdarda. Uu olihla hfarmallm b only su9ldent to provide an approdmate location of the Repktrl lead iftapen. Far ails apadlk development opppadone al bWU b Un model need to be reviewed by e *W11.d expert and ad).ried to meet arrant p—Inekl standards. This map ha bean produced far iWabative pt rposae only. Marla ovary af/at has been made to accurately dnptd the infermaWn. datahnepphp anon may axhL 2011 . Rapmdudbn of No map Is prohWed wthms written perndnlon horn the Nottowaaepa Valet' Corraervatkn Aulhoft. N tMNarral Trerovans Mefnlor (UTM) A Zane 17 North N M.1h American Datum MOW)1983 6.f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... Township Of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-060 Development Services Adrianna Spinosa, Committee Planner Meeting Date: Subject: Motion # July 16, 2015 Minor Variance Application 2015-A-18 William St. Clair Roll #: R.M.S. File #: 4346-010-004-01700 1017 Line 8 North D13-49174 Recommendation(s): Requires Action For Information Only 1-1 It is recommended: 1. That Report No. DS2015-060 be received and adopted. 2. That Minor Variance Application 2015-A-60 by W. St. Clair, specifically to permit an accessory building with an increased floor area of 140 square metres, and a reduced setback to an Environmental Protection Zone on lands located in Concession 9, West Part Lot 15, Registered Plan 51 R5295, Part 1 (Oro), Township of Oro-Medonte, known as 1017 Line 8 North, be deferred. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The subject property is 0.82 hectares (2.03 acres) and contains a single detached dwelling and above ground swimming pool. The applicant is proposing to remove the swimming pool and construct an accessory building for storage purposes in its place. The property is zoned Rural Residential Two (RUR2) and Environmental Protection (EP) in the Township's Zoning By-law and the applicant is requesting the following relief from By-law 97-95: Required Proposed Section 5.28 — Minimum setback from 30 metres 25 metres Environmental Protection Zone (98.4 feet) (82.0 feet) Section 5.1.6 — Maximum floor area of 70 sgaure metres 83.61 square metres any one detached accessory building (753 square feet) (900 square feet) Development Services July 16, 2015 Report No. DS2015-060 Page 1 of 7 Page 95 of 159 6.f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... 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. Section 2.1 — Natural Heritage is applicable to this application. Development and site alteration shall not be permitted in significant wetlands in Ecoregions 5E, 6E and 7E" (Policy 2.1.4). Figure 1 of the PPS identifies the subject land is within Ecoregion 6E and 7E and therefore the following applies: "Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in [policy 2.1.4] unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions" (Policy 2.1.8). County Official Plan The subject lands are designated Greenland in the County's Official Plan, and Section 3.7 of the Official Plan contains policies related to the use and development of lands in this designation. Specifically, "development and/or site alteration is not permitted within provincially significant wetlands and the habitat of threatened or endangered species. New uses proposed adjacent to these areas are not permitted unless it can be demonstrated that they do not negatively impact the natural features and associated ecological functions" (Section 3.7.5). The County of Simcoe's Planning Department was circulated Notice of the minor variance application on July 2, 2015 and as of the writing of this report, Township Staff have not received comments. Township Official Plan The subject lands are designated Agricultural and Environmental Protection One in the Township's Official Plan; Sections C1 and B2 respectively, contain policies related to the use and development of lands in these designations. Permitted uses within the Agricultural designation include single detached dwellings and accessory buildings, as outlined in section C1.2. The Environmental Protection One designation is captured because there a Significant Woodland on the subject property, and a Provincially Significant Wetland on the adjacent property — as identified on Schedule B of the Official Plan, Natural Features. More specifically, the subject property is entirely within the 12.0 metre buffer of the Hawkestone Swamp and therefore Section B2.4 `Adjacent Lands' applies: Development Services July 16, 2015 Report No. DS2015-060 Page 2 of 7 Page 96 of 159 6.f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... "No development shall be permitted on these adjacent lands unless an Environmental Impact Study and a Management Plan are completed in accordance with Section B5.1.1 and approved by Council, subject to the comments of the appropriate agencies." Staff recognize the proximity to the wetland and that the subject lands have already been developed in the form of a single detached dwelling. On this basis, further discussion is required with the LSRCA and the County in terms of the scope of any EIS or the potential to waive this requirement. Lake Simcoe Protection Plan The Lake Simcoe Protection Plan implements objectives and development policies to protect and enhance our natural environment for future generations. The subject property is entirely regulated by the Lake Simcoe Region Conservation Authority given its proximity to a Provincially Significant Wetland. The LSRCA was circulated Notice of the minor variance application on July 2, 2015 and as of the writing of this report, Township Staff have not received comments. Although the Township Staff are anticipating receipt of comments from the Lake Simcoe Region Conservation Authority and the County of Simcoe shortly, a full analysis cannot be conducted until such time. Given the proximity to the PSW, it would be appropriate to defer the application until both agencies have provided formal comments regarding the proposed development. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Corporate Strategic Goals: Quality of Life To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Development Services July 16, 2015 Report No. DS2015-060 Page 3 of 7 Page 97 of 159 6.f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... Sustainability To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: As of the writing of this report, the following agencies/departments have been circulated notice of the minor variance application: • Transportation & Environmental Services Division • Building Division • County of Simcoe • LSRCA The Township's Building Department has no concerns with the development however, no additional comments have been received. Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Floor Pian & Elevations Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-18 be deferred until Staff are in receipt of LSRCA and County comments and have had an opportunity to further analyze the application. Respectfully sub itted: Adrianna Spin Planner SMT Approval / Comments: Development Services Report No. DS2015-060 Reviewed by: WAfo Derek Witlib, MCIP RPP Manager, Planning Services July 16, 2015 Page 4 of 7 Page 98 of 159 6J) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... Schedule 1: Location Map 2015-A-18 (St. Clair) toe 4�\ s2a 1008 975 � t l 97B 432 878 ®SuWec ands ' Development Services July 16, 2015 Report No. DS2015-060 Page 5 of 7 Page 99 of 159 6.f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... Schedule 2: Applicant's Site Plan 2015-A-18 (St. Clair) Development Services July 16, 2015 Report No. DS2015-060 Page 6 of 7 Page 100 of 159 6.f) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... Schedule 3: Elevations 2015-A-18 (St. Clair) Schedule 4: Aerial Image 2015-A-18 (St. Clair) Development Services July 16, 2015 Report No. DS2015-060 Page 7 of 7 Page 101 of 159 6.� 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... ..= Lake Simcoe Region conservation authority Sent by email. dwitlib@oro-medonte.ca July 10, 2015 Mr. Derek Witlib Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Minor Variance 2015-A-18 1017 Line 8 North Township of Oro-Medonte, County of Simcoe A Watershed for Life File No: 2015-A-18 IMS File No: PVOC1512C2 Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Application for Minor Variance. It is our understanding that the applicant is requesting relief from Section 5.28 and Section 5.1.6 of Zoning Bylaw 97-95 to allow for: • A 25 metre setback from the Environmental Protection Zone where the bylaw requires a minimum 30 metres • A 140 square metre detached accessory building where the bylaw requires a maximum 70 square metres The property in question is adjacent to provincially significant Hawkstone Swamp and contains significant woodland. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake Simcoe Protection Plan (LSPP), Ontario Regulation 179/06 under the Conservation Authorities Act. Based on our review, we recommend that any approval of this application be subject to the following conditions: 1. That the Owner provides a scoped Natural Heritage Evaluation to adequately address designated policy 6.45 c) and d) of the Lake Simcoe Protection Plan and Section 2.1.8 of the Provincial Policy Statement to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town. 2. That the Owner shall obtain a permit from Lake Simcoe Region Conservation Authority for any development or site alteration within the area regulated under Ontario Regulation 179/06 under the Conservation Authorities Act. 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 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 Member of Conservation Ontario Page 102 of 159 61) 7:15 p.m. Report No. DS2015-060, Adrianna Spinosa, Plan... Lake Simcoe Region conservation authority July 10, 2015 File No: 2015-A-18 IMS File No.: PVOC1512C2 Mr. D. Witlib Page 2 of 2 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/hh c. Charles Burgess, LSRCA, Planning Coordinator (email only) Betty Pakulski, LSRCA, Environmental Regulations Analyst (email only) S:\Planning and Development Services\Planning Act\Planning Act Applications\Oro-Medonte\132222 1017 Line 8 North\07-10-2015 Bulford Oro Medonte PVOC 2015-A-18 1017 Line 8 North.docx Page 103 of 159 6.f) 7:15 p.m. Report Spinosa, Adrianna From: Thompson, Tiffany <Tiffany.Thompson@simcoe.ca> Sent: Thursday, July 16, 2015 12:15 PM To: Spinosa, Adrianna Cc: Westendorp, Nathan Subject: RE: 2015-A-18 - 1017 Line 8 N Attachments: 07 10 2015 LSRCA Comments (2015-A-18).pdf Hi Adrianna, Thanks fo.r circulating the LSRCA's comments. I think at this point we'll leave the application with the Township and the LSRCA for review in terms of the PSW as per the PPS and LSPP. If you require anything else, please let me know. Regards, Tiffany Tiffany Thompson DES MCIP RPP Planner II County of Simcoe, Planning Department 1110 Highway 26, Midhurst, Ontario LOL 1X0 Phone: 705-726-9300 Ext, 1185 Fax 705-727-4276 Email: tiffany.thompson@simcce.ca www.si mcoe.ca 1 Page 104 of 159 6.g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager,... 7vwnchip{)f Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-064 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # Judy 16, 2015 Consent Application 2015-B-09 (Cook & Gilbert)) 3566 Penetanguishene Road, West Part of Lots 42 & 43, Roll #: 4346-050-001-01100 R.M.S. File #: D10 48993 Concession 1 (Flos), Township of Oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-064 be received and adopted. 2. That Consent Application 2015-13-09 for the creation of a new lot for future residential use, on lands located in the West Part of Lots 42 and 43, Concession 1 (Flos), Township of Oro-Medonte, be deferred, pending receipt of agency comments and additional information from the applicant. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The purpose of this report is to consider a consent (severance) application submitted for the creation of a vacant lot for future residential use, while retaining a lot supporting an existing single detached dwelling and accessory uses. Location maps of the subject lands are included as Schedules 1 A and 1 B. The overall subject lands currently possess two sections of frontage along the west side of Penetanguishene Road (County Road 93) and a total area of approximately 5 hectares (12.47 acres). The lands are mostly tree covered and contain a single detached dwelling, accessory buildings and a miniature hobby railway. The applicant's proposed severance sketch is included as Schedule 2. The lands proposed to be severed and retained are summarized as follows: Development Services Department July 16, 2015 Report No. DS2015-064 Page 1 of 6 Page 105 of 159 6.g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager,... Land uses surrounding the subject lands consist of: • To the north: rural residential uses, a commercial use (retail store) and agricultural uses; • To the east: residential uses and existing agricultural uses inside the Craighurst Settlement Area; • To the south: an industrial use and residential uses inside the Craighurst Settlement Area; • To the west: CP rail line and forest covered lands Analysis: Township's Official Plan The majority of the subject lands are designated Oro -Moraine Core Corridor Area. Those portions of the lands fronting onto Penetanguishene Road (to a depth of approximately 95 metres (312 feet) from Penetanguishene Road) are located within the Craighurst Settlement Area Boundary and are designated as Living Area. Township's Zoning By-law 97-95 The majority of the subject lands are currently zoned Agricultural/Rural (A/RU) Zone and a portion (corresponding with a watercourse) is zoned Environmental Protection (EP) Zone. County's Official Plan The subject lands are in the area designated as Rural and Agricultural and Settlement in the County of Simcoe Official Plan currently in effect, and are proposed to be designated Rural and Settlements in the adopted (not approved) County Official Plan, Provincial 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 patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Development Services Department July 16, 2015 Report No. DS2015-064 Page 2 of 6 Page 106 of 159 Lands to be Severed Lands to be Retained Lot Frontage: To be confirmed Approx. 133.8 metres (439 feet) Lot Area: Approx. 2.4 hectares (6 acres) Approx. 2.4 hectares (6 acres) Land uses surrounding the subject lands consist of: • To the north: rural residential uses, a commercial use (retail store) and agricultural uses; • To the east: residential uses and existing agricultural uses inside the Craighurst Settlement Area; • To the south: an industrial use and residential uses inside the Craighurst Settlement Area; • To the west: CP rail line and forest covered lands Analysis: Township's Official Plan The majority of the subject lands are designated Oro -Moraine Core Corridor Area. Those portions of the lands fronting onto Penetanguishene Road (to a depth of approximately 95 metres (312 feet) from Penetanguishene Road) are located within the Craighurst Settlement Area Boundary and are designated as Living Area. Township's Zoning By-law 97-95 The majority of the subject lands are currently zoned Agricultural/Rural (A/RU) Zone and a portion (corresponding with a watercourse) is zoned Environmental Protection (EP) Zone. County's Official Plan The subject lands are in the area designated as Rural and Agricultural and Settlement in the County of Simcoe Official Plan currently in effect, and are proposed to be designated Rural and Settlements in the adopted (not approved) County Official Plan, Provincial 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 patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Development Services Department July 16, 2015 Report No. DS2015-064 Page 2 of 6 Page 106 of 159 6.g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager,... Places to Grow — Growth Plan for the Greater Golden Horseshoe 2006 The subject Consent Application has been reviewed by Planning staff with respect to the Places to Grow policies. Section 2.2.2 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] i) directing development to settlement areas ...". I Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. Policies/Legislation: • Planning Act RSO c.P. 13 • Provincial Policy Statement 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's 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: Notice of these applications was circulated to the public and to various review agencies and Township departments listed below. Public notice signs were also posted on the subject lands. As of the preparation of this report, no public comments have been received. Agency/department comments received are summarized below. Building Division — ensure adequate lot sizes for servicing; allow at least 6 metres frontage for access; any future development would require certified lot grading. Township Transportation Division — no roads concerns; County will comment on any future entrances. Environmental Services — Development Services Department July 16, 2015 Report No. DS2015-064 Page 3 of 6 Page 107 of 159 6.g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager,... • Recreation — • County of Simcoe — • Nottawasaga Valley Conservation Authority — • First Nations — • CP Rail - Attachments: Schedule 1 A & 1 B: Location Map & Aerial Photo Schedule 2: Severance Sketch Conclusion: At this time the Township has not yet received comments from a number of agencies whose comments may have a material impact on Staff's recommendation. Also there is in inconsistency in one of the lot frontage dimensions, which the applicant will need to clarify. For these reasons Staff recommends to the Committee that the application be deferred to a future meeting once all the required responses and information are received. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: Development Services Department July 16, 2015 Report No. DS2015-064 Page 4 of 6 Page 108 of 159 6.g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager,... Schedule 1A: Location Map CD Schedule 113: Aerial Photo Development Services Department July 16, 2015 Report No. DS2015-064 Page 5 of 6 Page 109 of 159 0 6.g) 7:30 p.m. Report No. DS2015-064, Derek Witlib, Manager Schedule 2: Severance Sketch PART 5 Development Services Department July 16, 2015 Report No. DS2015-064 Page 6 of 6 Page 110 of 159 From: Logan Juffermans mailf� 1 uffe�r>pians'@ny�a o No DS20 6 � e� , , ager,... 9 f r ]�� Sent: Tuesday, July 14, 2015 4:07 PM To: Leigh, Andria; Spinosa, Adrianna Subject: FW: NVCA Comments: Notices of Consent Applications 2015-B-09; 2015-B-10; and 2015- A-17 Hello Andria and Adrianna, Please find below the NVCA comments for the upcoming minor variance and consent applications to be discussed on Thursday. My apologies for the delay. Please let me know if you require any further information. Kind regards, Logan Logan Juffermans, M.Sc. I Planning Assistant I Nottawasaga Valley Conservation Authority 8195 8th Line' Utopia, Ontario LOM 1 TO I ( 705 424-1479 x244 I Fax 705-424-2115 Iiuffermans@nvca.on.ca ( www.nvca.on.ca From: Logan Juffermans Sent: July -14-15 3:55 PM To: 'dwitlib@oro-medonte.ca' Cc: Timothy Salkeld; Brianna Belcourt Subject: NVCA Comments: Notices of Consent Applications 2015-B-09; 2015-B-10; and 2015-A-17 Hello Derek, Please find included comments based upon your circulation of notices for Committee of Adjustment applications: • 2015-B-09 The NVCA has no objection to the proposed consent to sever a lot for future residential uses. Portions of the severed and retained parcels occur outside of the NVCA regulated area and future development will be directed to these locations. A permit or approval may be required from the NVCA as part of future development and pre -consultation is recommended. 2015-B-10 T e has no objection to the proposed consent to create an easement for utility purposes in favo nds to the north being 1106 Horseshoe Valley Road. A permit or approval may be required from VCA. • 2015-A-17 (Poge) The NVCA has no objectZrr4qthe proposed residential accessory building (detached garage) in the EP Zone. A permit for the osed garage development was issued by NVCA staff and this has been attached. Thank you for circulating these applications and please forward a copy of any decision. Kind regards, Logan Logan Juffermans, M.Sc. I Planning Assistant I Nottawasaga Valley Conservation Authority 8195 8th Line + Utopia, Ontario LOM 1 TO I ( 705 424-1479 x244 j Fax 705-424-2115 j Ijuffermans@nvca.on.ca I www.nvca.on.ca Page 111 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... Township of Report ' Proud Heritage, Exciting Future Report No. DS2015-065 To: Development Services Prepared By: Derek Witlib, Manager Committee Meeting Date: Subject: Consent Application Motion # July 16, 2015 2015-B-10 by Skyline Horseshoe Valley Inc. Roll #: R.M.S. File #: 4346-020-010-00450 D10-49062 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-065 be received and adopted. 2. The Development Services Committee grant provisional consent to Application 2015-B-10 to create an easement for utility purposes, subject to the following conditions: a) 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; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; c) That all municipal taxes be paid to the Township of Oro-Medonte; and d) 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 Committee's decision under the Director, Development Services signature. Background: The purpose of the application is to convey a utility easement for the purpose of providing a power line to The Height Ski and Country Club. The proposed easement would be located within the area identified on the draft Reference Plan supplied by the applicant (See Schedule 2). The proposed easement is located on lands owned by Skyline Horseshoe Valley Inc. The lands presently support a snow -making pond and a building housing associated mechanical equipment. The easement is to be located between the pond and the building. Development Services July 16, 2015 Report No. DS2015-065 Page 1 of 6 Page 112 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... Analysis: The purpose of application 2015-13-10 is to permit an easement for power line purposes and no new lots are proposed to be created as a result of the easement request. Financial / Legal Implications / Risk Management: 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: Provincial 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 patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. The proposed easement would accommodate infrastructure as contemplated by the PPS. Growth Plan for the Greater Golden Horseshoe The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In reviewing the Places to Grow Growth Plan, there are no direct consent policies that apply to the proposed easement application. In analyzing the proposed severance for the easement, staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. Given the subject lands are located within an identified Settlement Area, the proposed severance constitutes a permitted use in accordance with the Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies, including the Growth Plan. County of Simcoe Official Plan The Township has circulated the application to the County of Simcoe Planning Department, who has not commented on this application as of the preparation of this report. In reviewing the proposed consent application for the proposed easement, the County of Simcoe Official Plan does not have any specific policies in regards to easements. It is staff's opinion that the County Official Plan does not regulate or prohibit such an easement for utility purposes. Development Services July 16, 2015 Report No. DS2015-065 Page 2 of 6 Page 113 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... Township Official Plan The subject lands are located within the Horseshoe Valley Settlement Area and are designated Horseshoe Valley Village according to Schedule `D' to the Township's Official Plan. Section C14.3.3.1 of the Official Plan states that the principal use of land in the Horseshoe Valley Village designation shall be a variety of non-residential uses commercial and service uses, but also permits medium density housing such as townhouses, apartments and multiple dwellings. Section C.14.3.1.2 and C14.3.3.2 of the Official Plan contain detailed policies pertaining to the development of the lands in Horseshoe Valley in relation to various land use and infrastructure considerations (i.e. timing/phasing of development, traffic, County Road improvements, stormwater management and servicing) that have been identified in a Comprehensive Development Plan for the area that was adopted by Council in 2003. The proposed consent for an easement for power line purposes would provide the ability for these services to be provided to the existing ski club in conformity with the Official Plan. While the Township's Official Plan does contain policies in Section D2.2.4 regarding utilities, this is for the purpose of creating a new lot, which is not proposed through this application. There are no specific policies in the Official Plan regarding easements for utility purposes. Staff's opinion is that this application conforms to the Official Plan. Zoning Bv-law The subject property is currently zoned Future Development Exception 67 (FD*67) Zone in the Township's Zoning By-law 97-95, as amended. This zone places restrictions on new development and new uses, but does not prohibit a utility easement. There are no provisions within Zoning By-law 97-95 that specify the location or size of easements. On this basis, the application would comply with the provisions as prescribed by the Zoning By-law. Corporate Strategic Goals: Quality of Life —'To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs." Sustainability — "To build an increasingly sustainable community with regard for and sensitivity to the needs 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 — "To 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. Development Services July 16, 2015 Report No. DS2015-065 Page 3 of 6 Page 114 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... Financial Stewardship —7o 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." Consultations: • Environmental Services Division — • Transportation Division — no concerns • Building Division — no concerns • County of Simcoe — • Nottawasaga Valley Conservation Authority — Attachments: Schedule 1 A & 1 B: Location Maps Schedule 2: Applicant's Sketch (draft Reference Plan) Conclusion: Planning Staff recommends that Consent Application 2015-B-10, be approved, subject to the recommended conditions of consent, for the reasons that the application complies with the provisions of the zoning by-law, generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2014. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: Development Services July 16, 2015 Report No. DS2015-065 Page 4 of 6 Page 115 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... Schedule 1 A: Location Map —Subject Lands Schedule 1 B: Aerial Photo Development Services Report No. DS2015-065 July 16, 2015 Page 5 of 6 Page 116 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... Schedule 2: Applicant's Sketch (draft Reference Plan) Development Services Report No. DS2015-065 July 16, 2015 Page 6 of 6 Page 117 of 159 � y .rs as nw aw-a�xa I k 1 \ t rte, 3. Pear+ ]'.. �,�; { { 1 e .... x-. !tPR !�•-3i1. P � P„ sRYrs s.xr { 1 ! LOT .SRT \ P�Rr ). K.W LA.>Kp`'� a ,,, k +I 1 ! ♦♦� i g ur .gin,.. xIR_�xw 1 t PROPOSED 1 EASEMENT low GlPbwa,t P N; 04M10 X.AP +y i a.nl. ao HOf�SHOE VALLEY ROAD •. y+w .w.. Z- oftow*t _ _ _ _ _ _ _ _ _ , _ M€Dw R*0.4zAUOWANC€ �8€T� WI 7Dw !NrPS OF ORO AN _ ...- Development Services Report No. DS2015-065 July 16, 2015 Page 6 of 6 Page 117 of 159 ut v� ) u\ "\\ � h�'Ak 0 U� From: Logan Juffermans DS2015-065, Der0K0it&Aat ager,... Sent: Tuesday, July 14, 2015 4:07 PM To: Leigh, Andria; Spinosa, Adrianna Subject: FW: NVCA Comments: Notices of Consent Applications 2015-B-09; 2015-8-10; and 2015- A-17 Hello Andria and Adrianna, Please find below the NVCA comments for the upcoming minor variance and consent applications to be discussed on Thursday. My apologies for the delay. Please let me know if you require any further information. Kind regards, Logan Logan Juffermans, M.Sc. I Planning Assistant E Nottawasaga Valley Conservation Authority 8195 8th Line I Utopia, Ontario LOM 1 T ( ( 705 424-1479 x244 I Fax 705-424-2115 Juffermans@nvca.on.ca I www.nvca.on.ca From: Logan Juffermans Sent: July -14-15 3:55 PM To: 'dwitlib @ oro-medonte.ca' Cc: Timothy Salkeld; Brianna Belcourt Subject: NVCA Comments: Notices of Consent Applications 2015-B-09; 2015-B-10; and 2015-A-17 Hello Derek, Please find included comments based upon your circulation of notices for Committee of Adjustment applications: • 2015-B-09 The NVCs no objection to the proposed consent to sever a lot for future residential uses. Portions 131,e severed and retained parcels occur outside of the NVCA regulated area and future deve ent will be directed to these locations. A permit or approval may be required from the NVCA as of future development and pre -consultation is recommended. • 2015-B-10 The NVCA has no objection to the proposed consent to create an easement for utility purposes in favour of lands to the north being 1106 Horseshoe Valley Road. A permit or approval may be required from the NVCA. • 2015-A-17 (Poge) The NVCA o objection to the proposed residential accessory building (detached garage) in the EP Zone. rmit for the proposed garage development was issued by NVCA staff and this has been attache . Thank you for circulating these applications and please forward a copy of any decision. Kind regards, Logan Logan Juffermans, M.Sc. I Planning Assistant I Nottawasaga Valley Conservation Authority 8195 8th Line y Utopia, Ontario LOM 1 TO { ( 705 424-1479 x244 I Fax 705-424-2115 liuffermans@nvca.on.ca ( www.nvca.on.ca Page 118 of 159 .IM"R!"- COUNOF.h""�' iTYMCOE U,ti� N3i5At-;bAs_& cA 6.h) 7:45 p.m. Report No. DS2015-065, DErZWitliiibb Manager ... County of Simcoe Transportation and Engineering 1110 Highway 26, Midhurst, Ontario LOL 1X0 Main line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 7984 Web: simcce.ca TRANSPORTATION AND ENGINEERING r-, Derek Witiib July 15, 2015 Deputy Secretary -Treasurer Committee of Adjustment Township of Oro-Medonte P.O. Box 100 Oro, ON *via: e-mail* LOL 2XO Dear Mr. Witlib: RE: Consent Application File No. 81 0-15 (Skyline Horseshoe Valley Inc.) Part of Lot 1, Concession 3, Township of Oro-Medonte, County of Simcoe. Thank you for circulating the above -noted application to the County of Simcoe for review. The County of Simcoe's Transportation Master Plan identifies County Road 22 as requiring road improvements to address deficiencies and future expansion of the area. The time frame for these improvements is scheduled for the short term horizon (0 —10 years). The existing right-of-way on County Road 22 adjacent to the subject property is approximately 30.0 metres wide. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right- of-way width for County Road 22 is 36.0 metres. County staff has reviewed this requirement and feel that the full right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 22. In order to meet this right-of-way requirement, the County will require a road widening of approximately 3.0 metres. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in the following: • A road allowance widening along the entire frontage of the subject property adjacent to County Road 22 to provide an 18.0 metre right-of-way from the centre line of County Road 22. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (3 copies) which sets out the road widening to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 3 copies of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees and disbursements, agreements, GST, etc. shall be bome by the Applicant. All documentation is to be prepared and registered by the County's Solicitor and to be Page 119 of 159 6.h) 7:45 p.m. Report No. DS2015-065, Derek Witlib, Manager,... County Comments - 2 executed where required by the Applicant. The Applicant shall submit to the County's Solicitor a deposit in the amount of $3000.00 (payable to: HGR Graham Partners in Trust), prior to the services being rendered. Prior to stamping of the deed by the Township of Oro-Medonte, the Applicant shall obtain written clearance from the County for the above -noted conditions. The County of Simcoe is requesting the road widening including the daylight triangle lands for road widening purposes pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 22 is required pursuant to the County's standards for the construction of roads such as County Road 22 and are consistent with proper safety standards. Please forward a copy of the decision. if you require any further information, please do not hesitate to contact me. Sincerely, The moran o e County of Simcoe Paul M rphy, B.Sc., C.Tech. EnglneftgL Technician li (705) 726-9300 ext. 1371 C.C. Julie Scruton, County of Simcoe X,\PLN1D - Development & Planning D007 to D14 Development Comsspondence\Oro-MedonW\D1 D Severance & D13 VarlanceaW1512015-8101108 OR 221T&E Comments July 15,15.doc Page 120 of 159 TayDarren Vella and/or Cameron Sellers - Innovative Planni... "� -Request for Deputation Before Council/Committe ;11 Prand Hcritngc, Excitinsr Future Any written or electronic submissions and background information for consideration by Council/Committee must be submitted to the Clerk by 9:00 a.m. 7 calendar days prior to the preferred meeting. Electronic submissions should be submitted in Microsoft PowerPoint /Microsoft Word format. Preferred Meeting and Date: Development Services Committee - July 16, 2015 I am requesting deputation to speak: a) ❑ on my own behalf; or b) ® on behalf of a group / organization / association, if b), please state name of group/ organization/association below. Lover's Harbour Inc. & Mark Porter would like to use: x❑ projector ❑x laptop Name(s) of Speaker(s) A deputation wishing to appear before Council/Committee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes. Darren Vella and/or Cameron Sellers - Innovative Planning Solutions Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in accordance with the guidelines for Deputations/Delegations outlined in the Township's Procedural By-law. To describe the planning rationale pertaining to applications 2014-OPA-01 and 2014-ZBA-02 with regards to the appropriateness of rezoning an underutilized commercial parcel for residential use. Reason why this presentation is important to Council and to the municipality: The existing use of the subject lands has been an on-going issue within the Township for some time. The proposed applications suggest to clean-up existing non -conforming uses on a single lot, and rejuvinate a highly visible area of the Township, while providing the required road widening and associated daylighting triangle to improve traffic visibility. - 2 - PIRg@el 27 of 158 7.a) -],Darren Vella and/or Cameron Sellers - Innovative Planni... Date of Request: July 3, 2015 Signature(s) of Speaker(s): � Address: 150 Dunlop St. E. Suite 201, Barrie ON, L4M 1 B2 Telephone: 705-812-3281 Fax: 705-812-3438 Email: uvella@ipsconsultingin c.com Note: Additional material may be circulated / presented at the time of the deputation. Scheduling will be at the discretion of the Clerk, and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Personal information on this form is collected under the legal authority of the Municipal Act, S.O. 2001, c.25 as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, Ontario, LOL 2EO. 12/2014 PIRgge188 of 158 epo No. -0 9, n ria �oumsir�ip of rec or, eve o m... Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-049 Development Services Andria Leigh Committee Director Development Services Meeting Date: Subject: Motion # June 3, 2015 Official Plan Amendment 2014-OPA-01 and Zoning Roll #: R.M.S. File #: By-law Amendment 4346-010-006-09500, 2014-ZBA-02 (Lovers Harbour D09 47201 4346-010-006-09600) Inc. & Mark Porter) 298-302 & 4346-010-006- Shanty Bay Road 09700 Recommendation Requires Action 0 For Information Only It is recommended that: 1. That Report DS2015-049 Re: Official Plan Amendment Application 2014-OPA-01 and Zoning By-law Amendment Application 2014-ZBA-02 affecting 298-302 Shanty Bay Road, Township of Ora-Medonte, 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 C2.4.2 to the Official Plan as a site-specific policy on the subject lands, be denied. 3. That Zoning By-law Amendment Application 2014-ZBA-02, that would rezone the subject lands from the Residential One (R1), Local Commercial (LC), and Local Commercial Exception 116 (LC*116) Zones to the Residential One Exception (R1*) Zone to recognize a site specific minimum lot frontage and minimum lot area requirement and to the Residential One Exception (R1*) Zone to permit personal storage space, muni -residential building with two residential apartments, a reduce minimum lot frontage, reduce lot area, and reduced 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. DS2015-049 Page 1 of 12 Page 103 of 139 Page 123 of 159 Background: Property Description L`eMi'X R'ecfor.' CleV06bhY.:'. The subject lands are located at 298-302 Shanty Bay Road, which is legally described as Plan 1, E Pt Lot 16, W Pt Lot 16, Pt Blk H and RP 51 R-37843, Part 1, and Pt Lots 15 and 16, Pt Blk H, Township of Oro-Medonte. The application includes two properties that have a total lot area of 0.7 ha (1.73 acres), a lot frontage along Shanty Bay Road of 106 metres, and a frontage along Colborne Street of 63 metres. The lands subject to this application are comprised of two legally distinct properties. The first property contains two detached residential dwellings, one commercial building with 2 residential apartments above, and several accessory buildings. The other property contains one accessory structure (which was converted 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 shop, and a range of single detached 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 (LC*116) Zone in the Township's Zoning By-law 97-95, as amended. The purpose of this report is to consider proposed applications to amend both the Township's Official Plan and Zoning By-law 97-95. Development Proposal This report considers the applications submitted by Innovative Planning Solutions on behalf of Lover's Harbour Inc. and Mark.Porter for 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 existing lots 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 Rural" to the "Rural Exception" designation in order to facilitate multiple residential severances. The proposed Zoning By-law Amendment application 2014-ZBA-02 proposes to re -zone the subject lands from the Residential One (R1) and Local Commercial Exception 116 (LC*116) Zones to the Residential One Exception (R1*) Zone to recognize reduced lot frontage and lot area requirements for the proposed residential lots and to rezone the existing commercial property to a residential zone while continuing to permit personal storage use on the main floor of the existing building and two residential apartments on the upper floor. Development Services June 3, 2015 Report No. DS2015-049 Page 2 of 12 Page 104 of 139 Page 124 of 159 a� e��rt i4, . �1r'_ n ra More specifically the details of the amendments are as follows: Lel lrec or, eve o m... 1. Official Plan Amendment (OPA) 2014-OPA-01 The text of Section C2.4 — Exceptions would be modified to add a new site-specific policy that would permit the severance of the property for three new residential lots to be created with lot frontages of 21.0 metres and lot areas of 0.12 hectares resulting in a total of five residential lots. 2. Zoning By-law Amendment (ZBA) 2014-ZBA-05 The ZBA proposes to rezone the subject lands to a site specific Rural Exception (R1*) Zone that would recognize a series of zoning by-law deficiencies including lot frontage, lot area, and would specify permitted uses that are existing and proposed. The Official Plan policies that apply to all of the subject lands are contained in Section C2.3 of the Plan. Provincial Policy Statement 2014 (PPS) The Provincial Policy Statement (PPS) provides direction to municipalities in Ontario for appropriate land use planning and development, "while protecting resources of provincial interest, public health and safety, and the quality of the natural environment'. 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 PPS states in policy 1.1.1(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 with the land budget and population allocations identified, the creation of new residential 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 settlement area and therefore it is not considered to be consistent with the Provincial Policy Statement. Section 1.1.4.4 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 1.1.5.4 states: "Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." Development Services June 3, 2015 Report No. DS2015-049 Page 3 of 12 Page 105 of 139 Page 125 of 159 8%1 Rep t5�8a 0 Section 1.6.6 identifies the preferred means of servicing for whi4gkr9&, epm... 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 with reference to the Places to Grow policies that have been in place since 2006. In Policy 2.2.2 Managing Growth subsection (i) states that development should be directed to settlement areas.. As stated above, the subject lands are not located in a settlement area identified in either the County 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 by the Growth Plan. In accordance with Section 2.2.9.3 "New multiple lots and units for residential development will be directed to settlement areas, and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan, as of the effective date of this Plan." As stated, the proposed residential development is not located within 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 lot. On this basis the subject lands are located within a rural area that did not have approved zoning or designation 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 3.6.7 in addition to the policies contained in Section 3.6.11. As the subject lands contain frontage along County Road 20 (Shanty Bay Road) the applications are also subject to the policies 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 Township's Official Pian. 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 lots 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 reclassified 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. DS2015.049 Page 4 of 12 Page 106 of 139 Page 126 of 159 � egkpfi%��gf n ria a The County of Simcoe is the approval authority for amendmen 0 m... Official Plan, and was circulated for comments on the proposed Official Plan and Zoning By-law Amendments. Comments were initially received on March 28, 2014 with additional comments received on December 5, 2014. As a result of the input received at the Public Meeting in December 2014, the applicant revised their application on April 10, 2015 to remove the proposed commercial use of proposed Lot 5. This revised site plan was circulated to the County of Simcoe who confirmed their support for the revised plan with respect to the technical nature of the proposal and their conditions. Section 3.6.7 of the County Plan states that in rural areas, uses permitted are those listed in Section 3.6.6 plus highway commercial, institutional, residential lots created by consent, country recreational facilities, country residential subdivisions to a maximum of 40 lots, and rural business parks. The proposed development applications seek to create a total of five (5) residential lots by consent. Section 3.6.11 states that in rural areas, country residential development through subdivision by Plan, rather than consent, is preferred. However, lots may be created by consent according to the following guidelines: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural 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 c) In geographic areas set out in local official plans, provision may be made for residential lot areas larger than 1 ha. where required for servicing purposes, environmental considerations, or to maintain established lot and development patterns. These applications propose the creation of lots by consent and also seeks to recognize lot frontage and lot area requirements that are lower than the Township's minimum requirements contained in the Residential One (111) 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 policies 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 this basis, the proposed development generally would not conform to the policies of the County Official Plan. Development Services June 3, 2015 Report No. DS2015-049 Page 5 of 12 Page 107 of 139 Page 127 of 159 Lake Simcoe Protection Plan The LSRCA reviewed the applications in the context of the PPS and LSPP, and based on the existing environmental mapping LSRCA staff have confirmed that the subject properties are located outside of: any natural hazard lands, any natural heritage features, and any area governed by Ontario Regulation 179/06. On this basis, the LSRCA had no objection to the approval of the applications as stated in their April 17, 2014 correspondence. Township of Oro-Medonte Official Plan The Township's Official Plan provides the basis for considering all growth and development in the Township. The Plan contains policies intended to guide land use decisions for the Township for the next twenty years. The Plan establishes a 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 it is 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. As the Plan designated sufficient land for residential uses, 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 policy review. As discussed in more detail in this section, the proposed application is a site 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 and promote the rural character of the Township and the maintenance 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 policies which provide direction regarding the creation of new lots for residential purposes in the "Rural' designation. Section C2.3.1 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 or is the whole of an original Township lot provided a lot has not been served from the parcel after March 26, 1973. 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 -designation 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 108 of 139 Page 128 of 159 eftoNp. n ria ensure that the rural character is maintained by limitin f a future growth being directed towards the settlement areas of thep _lr * or, e e o M. In terms of road access the subject lands front onto both County Road 20 (Shanty Bay Road) and Colborne Street, which is a municipally maintained road. Section D1.2.3 of the Plan states that direct access to these roads may be permitted subject to the County of Simcoe policy. As stated in the County of Simcoe section of this report, the access points to the subject 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 not conform with the intent of the policies in Rural designation or the Township Official Plan policies in general. The Township has received requests for Amendments to the Official Plan for Rural Exception designations 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 Ontario Municipal Board (OMB). The OMB decision from 2011 confirmed that the proposed re -designation to a Rural Exception designation to permit lot creation was contrary to the relevant provisions of the Planning Act, and did not conform with the intent and purpose of the PPS, County and Township Official Plans. 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 the Plan is intended to manage change in the Township for the next 20 years and that the Plan identifies enough land for residential, commercial, and industrial 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 or issues have been raised with a site- specific proposal that are required to be addressed in a comprehensive manner. The proposed application for an Official Plan Amendment that proposes the creation of additional lots for residential purposes. As stated in the Plan, sufficient lands are already designated to accommodate residential development and therefore 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 of the adoption of the Official Plan, consideration was provided on a comprehensive basis regarding the lot creation policies. At that time 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 Council consider supporting the proposed Official Plan Amendment application, additional applications for similar proposals would be anticipated. On the basis of the analysis provided above, the proposed application to amend the Official Plan would not conform with the intent of the Township Official Plan. ueveiopment Services June 3, 2015 Report No. DS2015-049 Page 7 of 12 Page 109 of 139 Page 129 of 159 irt-n§9 A d ia Supporting Studies $ a�l�epg I ci� ?0T_1_U ria Lel Direc or DevefO... 9 p In support of the proposed Official Plan and Zoning By-law Amendments, the applicant submitted the following reports: 1. Planning Justification Report — Innovative Planning Solutions 2. Functional Servicing Report — Gerrits Engineering 3. Hydrogeology and Servicing Feasibility Evaluation — Azimuth Environmental Consulting Inc. The Functional Servicing Report was prepared by Gerrits Engineering to examine the servicing requirements of the proposed residential lots. A Hydrogeology and Servicing Feasibility study was prepared by Azimuth and reviewed the potential supply from the aquifers. Based on the review, the report concludes that there is sufficient water within the shallow, intermediate or deep zone aquifers to meet the anticipated demand from the proposed residential lots. The report also completed a review of the Reasonable Use Policies, a review of the use of tertiary systems, and concluded that the existing soils on site are conducive to effluent beds having a recommended T -time of 15 min/cm. The reports conclude that the servicing of the proposed development including the residential dwellings is feasible. Proposed Zoning By-law Amendment Further to the proposed Official Plan Amendment, Development Services Staff recommend denial of Zoning By-law Amendment 2014-ZBA-02 on the basis that the proposed lots would not be in keeping with the minimum zone provisions for the Residential One (R1) Zone. While it is acknowledged that some of the existing lots in the 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-law 97-95. In some instances the lots are within the first plan for the former Township of Oro (Plan 1); 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 provisions. 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 specific 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 for future applications. Development Services June 3 2015 Report No. DS2015-049 Page 8 of 12 Page 110 of 139 Page 130 of 159 Public Meeting 4�QQ No#1846 0 9, n ria L� eve o m.:: A statutory public meeting was held on December 10, 2014 regarding the proposed amendments to the Official Plan and Zoning By-law. Comments expressed at the meeting included historic use of proposed Lot 5 for auto body shop, future commercial use, appropriateness of commercial uses from a land use compatibility perspective with the surrounding primarily residential uses. Based on the input received by the applicant at the meeting their proposed Official Plan and Zoning By-law Amendments have been revised to eliminate the proposed commercial development of Lot 5. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Development Services Committee be appealed to the Ontario Municipal Board. Policies/Legislation: Planning Act Places to Grow Provincial Policy Statement 2014 County of Simcoe Official Plan Oro-Medonte Official Plan Oro-Medonte Zoning By-law 97-95 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 ueveiopment Services Report No. DS2015-049 June 3, 2015 Page 9 of 12 Page 111 of 139 Page 131 of 159 Conclusion: Ft On the basis of the analysis provided above, staff do not support the proposed Amendments to the Township's Official Plan and Zoning By-law that would provide for the lot creation by consent for a total of five residential lots. The proposed Official Plan Amendment Application is not consistent with the Provincial Policy Statement and does not conform with the Places to Grow, County Official Plan and Township Official Plan. Respectfully submitted Andria Leigh, MCIP, RPP Director, Development Services SMT Approval I Comments: C.A.O. Approval / Comments: Development Services June 3 2015 Report No. DS2015-049 Page 10 of 12 Page 112 of 139 Page 132 of 159 Attachment 1: Lovers Harbour Lore ort �1-4- n ria L ,' irec or ' eve o m... CATION MAP '9y 6gRRf��FR �CF Development Services June 3, 2015 Report No. DS2015-049 Page 11 of 12 Page 113 of 139 Page 133 of 159 my 00 V < os 30 03 . m 0 rt N O O� O i 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... '�f Report fc,d��e�. Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-056 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # July 16, 2015 Zoning By-law Amendment 2015-ZBA-04 (Simcoe County District School Board) Roll #: 43-46-030- 012-17300 R.M.S. File #: D14 48746 204 Line 15 North Concession 1, Part Lot 12, 51 R-11173, Part 1 (Orillia), Township of Oro-Medonte IRecommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-056 be received and adopted. 2. THAT Zoning By-law Amendment Application 2015-ZBA-04 (Simcoe County District School Board) be approved and that Section 7.259 of Zoning By-law 97- 95, as amended, is hereby further amended by adding a 20 unit Residential Care Home as a permitted uses of the lands denoted by the symbol *259 on Schedule A5 of Zoning By-law 97-95, as amended. 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: — The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by Lanny Dennis, Wayne Simpson & Associates acting as agent for the Simcoe County District School Board and Residential Care Home Management Oro-Medonte Inc. The lands comprise 132 metres of frontage on Line 15 North and 1.15 hectares (2.85 acres) of lot area; and contain an existing building (former William B. Wright Memorial School) that has been closed. The lands are proposed to be rezoned to permit a 20 unit Residential Care Home with an ancillary office and gymnasium as a permitted use on the lands. Development Services Department July 16, 2015 Report No. DS2015-056 Page 1 of 10 Page 135 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... Analysis: Does the application conform to then general intent of the following policies? • Township's Official Plan: All of the lands related to this application are designated `Restricted Rural' in the Township's Official Plan. One of the objectives of the Restricted Rural designation is to protect the lands adjacent to the City of Orillia from incompatible development to ensure that the expansion of the urban centre in the future is cost effective and efficient. In accordance with Section C6.2 permitted uses in the Restricted Rural designation include existing uses that are recognized as permitted uses in the zoning by-law and provided the intent of the Official Plan is maintained. The property as noted below is zoned Institutional and would therefore permit uses similar to a residential care home and would maintain the intent of the Official Plan. The proposed amendment would provide for the —re -development of the property and re -use of the building and septic system for the proposed residential care home. Based on the above, Planning Staff is of the opinion that this application conforms to the Official Plan. • Township's Zoning By-law 97-95: The subject lands is currently zoned Institutional and Agricultural/Rural (A/RU) Zones. The Institutional zone permits: Cemeteries, Community Centres, Libraries, Museums, Public Parks, Places of Worship, and Public Schools. The lands are proposed to be rezoned to permit a 20 unit residential care home, where the current definition permits: a maximum of 10 units in a residential care home. The Township of Oro-Medonte's Zoning By-law 97-95 defines a `Residential Care Home' as follows: "a) a dwelling unit used for the accommodation of three to ten persons exclusive of members of the staff of the operator, who by reason of their emotional, mental, social, or physical condition or legal status require a group living arrangement for their well-being, and who are living under the supervisions of staff who are present at the dwelling unit at all times. Such a residential care home is required to be licensed, approved or supervised and/or funded by the Province of Ontario or the Government of Canada; or, b) a dwelling unit with five or more foster children under the care of a foster c) a dwelling unit sued for the temporary accommodation of up to ten care- givers who require rest and relaxation in a quiet setting." The rezoning proposes to permit the 20 unit residential care facility, and the ancillary office and gymnasium. The site has historically been utilized for a public Development Services Department July 16, 2015 Report No. DS2015-056 Page 2 of 10 Page 136 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... school that from a traffic and servicing impact would have been larger than the proposed use of the property. Subsequent to the Public Meeting, the applicant provided addition documentation to address the comments and questions raised at the public meeting, which includes the following: - Operations plan dated May 27, 2015 - Septic System Review prepared by Morris Shelswell and Sons Excavating and Grading dated April 29, 2015 - Groundwater Investigation prepared by Allan wright Water Wells Inc. dated May 14, 2015 - Site Design Brief prepared by Roderick H. Young dated May 15, 2015; and - Revised site Plan prepared by Roderick H. Young These documents have been reviewed by Township departments and not additional concerns have been identified that would not permit the proposed re- zoning to be considered by the Committee. • County's Official Plan: The subject lands are in the area designated `Rural and Agricultural' according to the County of Simcoe's Official Plan. In analyzing this Zoning By-law Amendment application, Township staff have reviewed both the County Official Plan currently in effect, as well as the Official Plan adopted by County Council in November 2008. The County Plan also contains general `Community Facilities and Services' guidelines which are found in Section 4.2. Since the subject lands are neither prime agricultural lands nor Greenland Designation, Planning Staff is of the opinion that the proposed use conforms to Section 4.2 of the County Official Plan. • Provincial Policy Statement: The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.6.3 of the PPS contains policies related to `Infrastructure and Public Service Facilities', and specifically states: "Before consideration is given to developing new infrastructure and public service facilities: (a) The use of existing infrastructure and public service facilities should be optimized; and (b) Opportunities for adaptive re -use should be considered, wherever feasible. " The proposed amendment would provide for the re -development and use of the William B. Wright school building for a residential care facility that utilizes the existing well and septic system. On the basis of the above policies, the proposed Zoning By-law Amendment is considered to be consistent with the Provincial Policy Statement, 2014. Development Services Department July 16, 2015 Report No. DS2015-056 Page 3 of 10 Page 137 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... • Places to Grow: The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 — Development outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1(i). Further, "rural settlement areas are key to the vitality and economic well-being of rural communities. Municipalities are encourages to plan for a variety of cultural and economic opportunities within rural settlement areas to serve the needs of rural residents and area businesses." In Planning Staff's opinion, the proposed Zoning By-law Amendment applies to an element that contributes toward the economic well-being of a rural community and is considered to conform with the Places to Grow legislation. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement 2005 • Growth Plan for the Greater Golden Horseshoe, 2006 • County of Simcoe Official Plan • Township of Ora-Medonte Official Plan • Township of Ora-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's 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: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands and a statutory public meeting was held on April 1, 2015. As of the preparation of this report, the following comments/concerns were identified with respect to this application: water supply and impact on neighbouring wells, septic capacity, traffic management, drainage, infrastructure, density, security, garbage, noise, light impacts, and property values. A response to these issues was provided by the applicant and is attached for the Committee's review (Attachment 2). Development Services Department July 16, 2015 Report No. DS2015-056 Page 4 of 10 Page 138 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... Building Division — email dated June 29, 2015 confirming review of the documentation provided by Morris Shelswell and Sons on the existing septic bed and the proposed use Attachments: Attachment 1 — Location Map Attachment 2 — Wayne Simpson & Associates May 27, 2015 Public Meeting response letter Attachment 3 — Site Plan with Proposed Building Envelope Area — Roderick H. Young Conclusion: The Zoning By-law Amendment application proposes to add a 20 unit Residential Care Home to the permitted uses of the existing Institutional Exception 259 (I*259) Zone on the lands. In addition the proposed amendment would prohibit a Correctional Residential Care Home, and would identify that 30 parking spaces are required for employees and residents of the proposed resident care home. The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement, conforms to the Places to Grow legislation, and conforms to the Township and County Official Plans. On this basis, it is recommended that the Zoning By-law Amendment Application 2015- ZBA-04 be approved and that proposed By-law 2015-128 be passed by Council. Respectfully submitted: x Andria Leigh, MCIP, RPP Director, Development Services SMT Approval f Comments: C.A.O. Approval 1 Comments: Development Services Department July 16, 2015 Report No. DS2015-056 Page 5 of 10 Page 139 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... Attachment 1: Location Map 2015-ZBA-04 (Simcoe County District School Board) Development Services Department July 16, 2015 Report No. DS2015-056 Page 6 of 10 Page 140 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... Attachment 2: May 27, 2015 Wayne Simson & Associates letter May 27, 2015 Mr. Adam Kozlowski intermediate Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Kozlowski. RE: Residential Care Home Management Oro-Medonte Inc. "Residential Care Community" 204 Line 15 North Operational Plan Zoning Application to the Township of Oro-Medonte This letter is prepared further to comments from the Public Meeting dated April 1, 2015 and discussions with the Township Planning Department regarding the operations of a residential care community. Introduction To meet the needs of adults with complex special needs, and who require specialized care and support, the proposed 20 unit facility will provide a Residential Care Community for 20 adult individuals. This centre for excellence will provide supportive residential, recreational, educational and community opportunities in a rural setting The 2.85 acre site is ideally located in the township of Ora-Medonte, a community that provides diversified recreational and educational opportunities for residents. The site is also in close proximity to Orillia and Barrie, cities that provide services, community integration and recreational opportunities for our residents. Client Overview There are a variety of adults who require specialized and supportive community based residential care. These include people with Autism, cognitive or developmental issues, dual Development Services Department July 16, 2015 Report No. DS2015-056 Page 7 of 10 Page 141 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... diagnosis, acquired brain injury and people who require regular medical and personal care intervention, but who don't require a hospital setting and who are too young to live in care facilities for the elderly. Staffing Model The staffing model at the Community will meet the needs of the individual residents in the Community care facility. The people who support the residents would be trained Developmental Service Workers, Child and Youth Care Practitioners, Social Service Workers, Personal Support Workers, Recreational Therapists, Behaviour Management Specialists, Nurses and medical staff, teachers, security personnel and other skilled practitioners. Typically the staffing ratio is 1:1, therefore there would be up to 20 staff on site during day time hours of 6am to 9pnt and an overnight staff of 5-7 individuals between 10pm and Gam. In addition, the facility would be managed and administrated by a team that includes clinical and medical supervision, programming and client care facilitators, human resource personnel, facility and service staff and administrative support. It is anticipated that with the 24/7 operation and related shift requirements, the facility would employ 60 individuals on a full time and part time basis. Site overview The site is an ideal setting for the proposed facility, The site would be fenced to provide residence with safe and secure boundaries. The client has retained the professional services of Orillia architect Rod Young for the design stages of the building that will make use of the existing school structure and would include the addition of 20 residential one bedroom units a gymnasium and office space. The overall building will be a one floor fully accessible facility that will look like a beautiful board and batten and stone county estate. See the attached design brief for more details about the site plans and building elements. Security and Safety Staff support, technology and procedures and protocols are the integral elements that facilitate a safe residential community. To meet the safety and security needs of our residents, the Residential Care Community provides a level of staffing and supervision that nurtures resident and community success. Each resident and their personal support plan facilitate successful program implementation in a well supervised milieu. In addition a crisis intervention team monitors and responds to support safety and security of the residents and staff on site and in the community. These highly trained individuals will promote positive and proactive intervention, behaviour management, site safety and successful program implementation. Development Services Department July 16, 2015 Report No. DS2015-056 Page 8 of 10 Page 142 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... Technological security such as cameras, lighting, controlled access points and functionally and aesthetically appropriate fencing and greening are all elements that are to be integrated into the facility's safety and security protocols. Physical (Resources Water A new drilled well has been installed on the site and it has been determined that there is sufficient water supply on the site to accommodate the 20 unit facility_ A letter confirming this is included in our submission. In addition, there is currently a dug well on the site that will be utilized and design for the appropriate fire suppression system. Septic The current and existing septic bed has a capacity of the required 5000 litres per day (calculated with the Oro-Medonte building department at 20 residents multiplied by 450L per day). Our client has had the septic bed and tank inspected and it was determined from this inspection that the weeping bed and holding tank are in good working order and would meet the needs of our operation. A letter confirming this is included in our submission. A final design of this septic system will be included with the related building application. Garbage and Recycling To accommodate solid waste the use of organic recycling provided by the township and the site will integrate a commercial waste and recycling program. The purchasers are anxious to proceed with the project and would greatly appreciate this item being scheduled for the next available Meeting. Should you have any questions and/or comments please do not hesitate to contact the undersigned. Respectfully submitted, Wayne SopsTOnd Associates LannytiDennis, MCIP, RPP Associate Planner PC Residential Care Nome Management Oro-Medonte Inc. Development Services Department duly 16, 2015 Report No. DS2015-056 Page 9 of 10 Page 143 of 159 8.b) Report No. DS2015-056, Andria Leigh, Director, Developm... Attachment 3: Site Plan with Proposed Building Envelope Development Services Department Report No. DS2015-056 July 16, 2015 Page 10 of 10 Page 144 of 159 From: S. Hutchinson [mailto.W No. Sent: Monday, July 13, 2015 12:16 PM DS2O15-056, Andria Leigh ��r Deve pm... To: Jermey, Scott; Irwin, Doug; Fax Repository Subject: RE: William B Wright School Re -Zoning Application UM -scottjermey@oro-medonte.ca- <scottjermey@oro-medonte.ca> -dirwin@oro-medonte.ca- <dirwin@oro-medonte.ca> -info@oro-medonte.ca" <info@oro-medonte.ca> The Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, Ontario LOL 2E0 Attention: J. Douglas Irwin, Clerk, Scott Jermey, Councillor Ward 5, Dear Sirs, Re: Proposed Amendment to Zoning By-law William B. Wright School site 204 Line 15 North, Orillia, Ontario Application no: 2015-ZBA-04 I searched the Township's website to review the reports required by the Township by the Applicant and do not find that they have been posted. I wish to request that you provide me with the opportunity to peruse these documents and also review the Township' s peer studies for these reports prior to you making your decision. I am currently on vacation, returning on July 20th, 2015. I note on the site you have posted a draft of the approval to the change in the zoning by-law. This approval requires 30 parking spots. I do not believe that on this 2.34 acre site that there is room for a 20 unit care facility with 30 parking spots, numerous wells, septic system, etc. I remain convinced that the site cannot support a development of this size without adversely affecting the quality and quantity of the neighbourhood' s well water. If you approve this development I would request that the Township and the developer guarantee our wells. Nor am I in agreement that the use of the current septic system, which has been virtually dormant for over 20 years, is in excess of 35 years old, could possibly support this number of residences. The road would have to upgraded to support the additional traffic. Will the City of Orillia agree to upgrading the road at their expense, or is the cost going to put over to the local tax payers? The drainage caused by this development would also be detrimental to the area, and would tax the already fragile drainage we have on this road. I believe that the huge amount of grey water and septic Page 145 of 159 8.b Report No. waste produced would saturate the property, runbSMgr6Ya§6inAM?igi�6lgllpb41#dlth �K%r�opm... properties to the south of the project. The planner for the applicant indicated there was a natural creek immediately south of the site, however, that is not a creek, that is our property that is slightly lower in elevation. The output from the project will ultimately end up on our front lawn. Who is going to compensate us for this additional moisture, or how are they going to keep the moisture from draining onto our property and killing our trees? I am also attaching a copy of the Petition with the names, addresses and phone numbers of those opposing this zoning Amending Application, and a copy of the Petition for those in support of the Amending Application, for your files and consideration. I will remind you that you have only notified 16 properties of this application in the community, and there are over 30 people against it. Earl and Susan Hutchinson 192 Line 15 North, Orillia, Ontario L3V 6H2 Page 146 of 159 THE 20 UNIT RES �&TPfLjf�gh, FOR THE WILLIAM B. WRIGHT SCHOOL SITE at 204 Line 15 North, Orillia 8.b) Report No. Director, Developm... I am opposed to the.20 Unit Residential Care Facility Proposed for the William B. Wright School Site. Date Name Address Phone 'ell liyz' 4"Ilzb; _(_w" 91 C fi,:L, 5 5'�LQM�� 6A,;,cJ 70S)39z'_� ?f mv 42 �R" ��54 Ott T 42 6reYf_.< tJ Lj�V /J_ A) 3 10 L i kl,(' IS AJ it 3/ 1 LtZQW.� %WL I I ns 9aLl 5--32L'09 i�.J I t- 9&(-( LIL)C- 1 r 1057-324;CYI 4Y� /0. XeWf 7) 1;7Y IV �74 r 0" '7 us= 3, L:j (40'A 17/6 <' ef oe Page 147 of 159 31 PETITIV520198W, Andria Leigh, THE 20 UNIT RESIDENTIAL CARE FACILITY FOR THE WILLIAM B. WRIGHT SCHOOL SITE at 204 Line 15 North, Orillia 8.b) Report No. Director, Developm... I am opposed to the 20 Unit Residential Care Facility proposed for the William B. Wright School Site. Date Name Address Phone jf Lorraine .Skifh ory me 5' ._ sOres, e -A 513x -7-U7/ r 'J Ips"a-k 'a e, asa � f I s- 7oS 3x3 -99/9 114 v y �r 4r !hz S /V �4 A.ee, 1 511 is, S i. Gelhm 3 51t/ t,// ' o 7o 5-- Z6 - (qu/ �7 Page 148 of 159 8.b) Report No. PETITMTHE 20 UNIT RESIDENTTIIALL6CARE FAC LITYgh, Director, Developm... FOR THE WILLIAM B. WRIGHT SCHOOL SITE at 204 Line 15 North, Orillia 1 arpeaeeE} to the 20 Unit Residential Care Facility proposed for the William B. Wright School Site. CJ!/iluGL' f Date Name Address Phone Page 149 of 159 8.c) Report No. DS2015-061, Adrianna Spinosa, Planner re: Zo... Township 0 Report Froud Heritage, Exciting Future Report No. To: Prepared By: DS2015-061 Development Services Adrianna Spinosa, Committee Planner Meeting Date: Subject: 2015-ZBA-08 Motion # July 16, 2015 Jason & Constance Read Temporary Use By-law Garden Suite (Granny Flat) Concession 14, East Part Lot 9 Roll #: 4346-010-005-42010 R.M.S. File #: D14-48961 Township of Oro-Medonte (Oro) 1004 Line 14 North Recommendation(s): Requires Actions For Information Onlyn It is recommended: 1. That Report No. DS2015-061 be received and adopted. 2. That Zoning By-law Amendment Application 2015-ZBA-08 and Temporary Use By-law 2015-134 by J. & C. Read, specifically to permit a Garden Suite for the lands described as Concession 14, East Part Lot 9, Registered Plan 51 R35511, Part 1 (Oro), 1004 Line 14 North for a period of 10 years, be approved 3. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Jason and Constance Read have submitted an application to permit the construction of a Garden Suite (Granny Flat) on the subject property, located within Concession 14, East Part Lot 9, Registered Plan 51 R35511, Part 1 (Oro), municipally known as 1004 Line 14 North. The proposed dwelling unit is to be occupied by Constance's parents, Mr. & Mrs. Dougherty. The subject property is 7.5 hectares (18.57 acres) and contains a single detached dwelling and agricultural buildings. The applicant is proposing to construct a Garden Suite on the subject property on a temporary basis for a period of 10 years as provided for under the Planning Act. Due to the lack of movers available to transport the Garden Suite to the site and scheduling constraints, the applicant has moved the unit prior to receiving approval from the Development Services Committee. The applicant acknowledges that the Garden Suite is not to be occupied until a Building Permit is issued and occupancy is granted. Development Services July 16, 2015 Report No. DS2015-061 Page 1 of 6 Page 150 of 159 8.c) Report No. DS2015-061, Adrianna Spinosa, Planner re: Zo... Analysis: Section 39.1 of the Planning Act permits Council to authorize the temporary use of a Garden Suite for up to ten years.. Garden Suite is defined as "one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." Furthermore, The Act also allows Council to enter into an agreement with the landowner to deal with issues such as: • the installation, maintenance, and removal of the garden suite; • the period of occupancy of the garden suite by any of the persons named in the agreement; and • the monetary or other form of security that Council may require for actual or potential costs to the municipality related to the Garden Suite. The subject land is designated Mineral Aggregate Resource — Licensed in the Township's Official Plan and Agricultural in the County's Official Plan. The policies of the Township and County Official Plans have been reviewed and do not affect the context of the proposed development. Consistent with Section 39.1 of the Planning Act, the Township of Ora-Medonte brought forth a policy in 1997 outlining requirements for Garden Suites in the Township. It states that: a. The garden suite is not be a mobile home; b. The garden suite utilizes existing services on the property; c. The existing driveway to the main residential dwelling is to be utilized for access and no new entrance from a public road be created for the garden suite; d. The garden suite has a minimum gross floor area of 50 square metres and a maximum gross floor area of 85 square metres; e. Approval for the increased usage of the septic system be obtained; f. An agreement be registered on title providing for the use of the lands; g. The garden suite not be transferable to another owner; and h. Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. The applicant has located a modular dwelling unit previously utilized as a Garden Suite at a different site within the Township. The proposed Garden Suite will use the existing well and septic services, will be accessed from the existing driveway, and proposes a floor area which complies with the requirements. In keeping with the Township's Garden Suite Policy, the landowners and occupants will be required to execute an Agreement prepared by Staff that outlines the conditions respecting the installation, and eventual removal of such dwelling unit. The Agreement requires the deposit of $2,500 as security in the case of default of such agreement. Once all parties (Township, owners, and occupants) have signed the Agreement, and securities have been collected, the Agreement is then registered on title of the property and the applicant may proceed with necessary Building Permits to obtain occupancy. Development Services July 16, 2015 Report No. DS2015-061 Page 2 of 6 Page 151 of 159 8.c) Report No. DS2015-061, Adrianna Spinosa, Planner re: Zo... The property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law. The Township's Zoning By-law permits single detached dwellings within the A/RU Zone. Unlike other Zoning By-law Amendment applications presented to The Committee, the temporary use does not propose to alter the A/RU Zone symbol applicable to the property, as shown on Schedule A13 of the Zoning By-law. Rather, the Temporary Use By-law paired with the Registered Agreement will allow for the specified use by the specific individuals listed, in addition to the existing use of the property. Financial t Legal Implications / Risk Management: A $2,500 security deposit is required prior to issuance of a building permit as part of the agreement of the garden suite to ensure removal of the unit at the expiration of the agreement. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Corporate Strategic Goals: Quality of Life To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character. Sustainability To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Service Excellence To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff. Safe & Healthy Community To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. Consultations: • County of Simcoe: Development Services July 16, 2015 Report No. DS2015-061 Page 3 of 6 Page 152 of 159 8.c) Report No. DS2015-061, Adrianna Spinosa, Planner re: Zo... • Simcoe County District School Board: no objection • Simcoe Muskoka Catholic District School Board: • Ontario Power Generation: • Hydro One Networks Inc.: • Nottawasaga Valley Conservation Authority: • First Nations: • Transportation & Environmental Services Department: • Recreation Department: • Building Department: • Fire & Emergency Services: • Clerk/Corporate Services: • Corporate & Strategic Initiatives: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Conclusion: Development Services Staff recommend that the Committee approve the zoning by-law amendment application, which would permit the construction of a Garden Suite on a temporary basis for a period of 10 years in accordance with the appropriate agreement being executed by the landowners, occupants, and the Township. Respectfully su itted: Reviewed by: c� Adrianna Spin Andria Leigh, MCIP, RPP Planner Director, Development Services Development Services July 16, 2015 Report No. DS2015-061 Page 4 of 6 Page 153 of 159 8.c) Report No. DS2015-061, Adrianna Spinosa, Planner re: Zo... Schedule 1: Location Map 2015-ZBA-08 (Read) La ng rL CD t� �e�sley �X. z - /� QI.�I=Ba rrie_Rd-E .�- ® Subject Lands Development Services July 16} 2015 Report No. DS2015-061 Page 5 of 6 Page 154 of 159 O Z r- 0 Q - a) U C6 c co a v U) c � co (0 Q Q 00 N Q N m N ami u7 =T-- c�Cq o Ln W N fD d M r p� LO A � � 75 a- 0 o LO v m a_ 9.a) Correspondence dated July 2, 2015 from Mark Porter, re:... Mark Porter Lover's Harbour Inc. 16 Dunlop Street East Barrie, ON L4M 1 A3 Phone: Thursday July 2°a, 2015 Township of Oro-Medonte - Councillors 148 Line 7 South Oro, Ontario LOL 2X0 Attention: Honorable Mayor and Members of Council RE: 298-302 Shanty Bay Road, Township of Oro-Medonte Applications 2014-OPA-01 and 2014-ZBA-02 I am preparing this correspondence in order to provide you with information pertaining to my properties at 298-302 Shanty Bay Road, and their associated development applications before you. In 2010, through my Planning consultants Innovative Planning Solutions, I applied to perform one (1) boundary adjustment (2010-B-04) and one (1) minor variance (2010-A-08). The goal of these applications was to consolidate the existing structures on 298, 300, and 302 Shanty Bay Road, and allow for a vacant building lot in keeping with the character (frontage and area) as the surrounding residential lots along Shanty Bay Road. These applications were supported by Township Planning Staff, and provisionally approved by the Township's Committee of Adjustment. Subsequent to the above noted activity, the County of Simcoe insisted on several development requirements that I did not agree with. I chose to allow the Committee of Adjustment's decisions to lapse and proceed in a more comprehensive manner at some point in the fixture. The provisionally approved boundary adjustment and minor variance were never perfected. Since purchasing these properties over 6 years ago, it has been my goal from the beginning to revitalize and rejuvenate this site. These lands currently possess 3 residential dwellings, along with I commercial building containing 2 residential apartments. This totals 4 structures all on 2 parcels of property. Through these applications 1 am only requesting the approval for I additional house in keeping with the surrounding fabric and character of the area. These deteriorated properties are an eye sore, located in a highly visible area when entering the Township of Oro-Medonte from the City of Barrie. In February 2014 I proceeded with Official Plan Amendment and Zoning Bylaw Amendment applications to comprehensively Page 156 of 159 9.a) Correspondence dated July 2, 2015 from Mark Porter, re:... develop (clean up) these lands. It was, and is, my goal to develop these lands in complete consistency with the surrounding area. Over the past year and a half I have worked with, and met on site with, both County & Township Staff. I have provided a hydrogeological study completed by Azimuth Environmental concluding no adverse environmental conditions would be created by this development. I have received formal correspondence from the Lake Simcoe Region Conservation Authority (LSRCA) confirming they have no objections to this development. I have further received correspondence confirming the County of Simcoe (Planning & Transportation) have no objections to this development. Through this development the County would gain a substantial road widening along Shanty Bay Road, along with a sight triangle at the intersection of Shanty Bay Road & Colborne Street. I would also like to note that this development does not require any new entrances to Shanty Bay Road (3 existing, 3 within development proposal). My initial application was on the basis of maintaining the existing commercial building & uses on these lands. Through the Public Meeting process, an abundance of feedback from the public and from council was received concerning the continued use of the existing commercial structure. After listening to these concerns, I chose to amend my applications to eliminate the commercial use on these lands, in favour of residential lots fully in keeping with the surrounding lot fabric and character. On June 2nd, 2015, one day before a decision was scheduled to be made on these applications, the Township Staff Report was made available on the Development Services Committee agenda. This Staff Report recommends denial of my applications. Prior to June 2nd I had no indication of any negative position on this project from Staff. Throughout this process I have been cognizant of the wishes of all parties involved (County, Township, LSRCA, Public) and have sought a solution that best fits these lands, with the goal of rejuvenating this area. Should these applications be denied, this site will continue to deteriorate, benefitting no one. I request that you please consider this development in a logical sense, taking the view of what decision would benefit the Township most. These lands are in dire need of redevelopment and I wish to facilitate this. I would be happy to meet you on site to review the property, and/or answer any questions you have on this matter. Sincerely, Mark Porter, Lover's Harbour Inc. Page 157 of 159 9.a) Correspondence dated July 2, 2015 from Mark Porter, re:... IAN S. MALCOLM ARCHITECTS 174 Bayfield Street, Barrie, Ontario, L4M 3B5, Tei: 705 726-2342, Fax: 705 725-5355 June 24, 2015 Innovative Planning Solutions 150 Dunlop Street Suite 201 Barrie, ON L4M 1132 Email: dvellaRipsconsultin i�nc.com Re: 298-302 Shanty Bay Road, Oro-Medonte Rezoning of N.W Corner, John Street and Shanty Bay Road By Lovers Harbour Inc. Beautiful Dear Sir, By Email I have reviewed the proposed rezoning of the existing home lots and an empty commercial building into five residential lots, and find it consistent with the surrounding area. The elimination of the commercial use is an improvement to the neighbourhood, and as a resident of the area I am in full support of this proposal. Respectfully, Ian S. Malcolm, Architect Page 159 of 159