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04 01 2015 2015-ZBA-01 (Lazy Dayz)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 Notice of Public Meeting for �f�3iz Proposed Amendments to the Zoning By-law of the Township of Oro-Medonte 2015-ZBA-01 (Lazy Dayz) 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 13th day of February, 2015. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on Wednesday, April 1, 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 purpose and effect of the proposed Zoning By-law Amendment is to amend the zoning of the lands located at 754 Horseshoe Valley Road West, formerly in the Township of Medonte, in the Township of Oro-Medonte. The subject lands are presently zoned Agricultural/Rural (A/RU). The Amendment has been requested to rezone the lands to a site-specific Agricultural/Rural Exception # (A/RU*#) Zone to permit indoor and outdoor special events such as banquets, weddings, receptions, or similar functions on the subject lands. 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 the Planning Division 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. 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 Dated at the Township of Oro-Medonte this End day of March, 2015. Andria Leigh, MCIP, FWP Director, Developmen Services Page 14 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Location Map Subject Lands {754 Horseshoe Valley Road Site Plan Existing Garage c i_ Existing Bams i R l Existing Dwellings F a. �dg I' t - --------------------------- - +1_r- rF� LAZY OAYZ i. Larger drawings available for viewing at the Township Administration Building or by contacting Adrianna Spinosa, aspinosa(a7oro-medonte.ca, 705-487-2171. Page 15 $1CUUNTYCJF MCOF.__S March 25, 2015 Adrianna Spinosa Planner Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON LOL 2E0 Dear Ms. Spinosa, 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... County of Simcoe Planning 1110 Highway 26, Midhurst, Ontario LOL 1X0 Main Line (705) 726-9300 Toll Free 1-866-893-9300 Fax(705)727-4276 simcoe.ca RE: Zoning By-law Amendment 2015-ZBA-01 South Part Lot 1, Concession 5, 754 Horseshoe Valley West Township of Oro-Medonte ■ PLANNING ' �v VIA EMAIL Thank you for circulating the above noted application to the County of Simcoe for comment. It is County planning staff's understanding that the applicant is proposing a site specific exception in the `Agricultural/Rural' Zone to permit indoor and outdoor special events such as banquets, weddings, receptions, or similar functions on the subject lands. It is also understood that the proposal will be subject to site plan approval. The subject property is 3.6 hectares (8.9 acres) in area with frontage onto County Road 22 (Horseshoe Valley Road West). Planning Comments The subject lands are designated `Greenland' in the County Official Plan (consolidated 2007). The subject lands are primarily designated `Rural' within the Local Official Plan and are therefore subject to the General, and Greenland policies of the approved County of Simcoe Official Plan. Section 3.7.6 of the County Official Plan lists uses that are permitted conditionally within the Greenland designation following the acceptable results of an Environmental Impact Study (EIS). Country recreational facilities are identified as a permitted use subject to an acceptable EIS and are defined as "recreational uses however the prime reason for the location in rural areas is to take advantage of natural physical features, including the availability of large lots or land area...They include, but are not limited to, golf courses, campgrounds, lodges and resorts, conference centres, skiing facilities, and special event facilities." Section 3.7.7 states that "where an EIS has indicated that a development proposal would have a negative impact on the natural features or associated ecological functions for which the lands were identified, the application will not be supported or approved." Therefore, the County would request that an EIS is completed to review the application and the impact of the proposal on the natural features on the subject property. Policy 1. 1.5 of the Provincial Policy Statement (PPS 2014) and Policy 2.2.2.1(i) of the Growth Plan for the Greater Golden Horseshoe (GGH) are also applicable to the development proposal. The County would request that a Planning Justification Report be required to ensure the proposed development conforms and is consistent with Provincial policy. PLD -003-001 Page 16 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Transportation/Engineering Comments County Road 22 (Horseshoe Valley Road West) The County's Transportation and Engineering Department has reviewed the proposed zoning by-law amendment to permit indoor and outdoor special events. The Transportation & Engineering Department does not oppose the zoning amendment but would like the opportunity to review and comment on the site plan control application when submitted. The County may request that the applicant complete the following prior to site plan approval. 1) Complete a Site Plan Review form and return it to the County with payment. 2) Apply for an Entrance Permit from the County of Simcoe for the proposed use in accordance with the requirements of County Entrance By-law 5544; 3) Submit a Traffic Impact Study, to the satisfaction of the County, which assesses the effects that this development's traffic will have on the transportation network in the community; 4) Submit a Site Plan to the County's Transportation and Engineering Department for approval to ensure that the development meets the requirements of the County's Road Setback By-law 5604. The Road Setback By-law requires all above and below ground buildings and structures to be located a minimum of 15.0 metres from the limit of the County Road. 5) The existing right-of-way on County Road 22 adjacent to the subject property is approximately 30.0 metres wide. In accordance with Schedule 5.5 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. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. The applicant shall employ a Solicitor, entitled to practice law in Canada, being a member of the Law Society of Upper Canada to facilitate the transfer of the real property and in effect represent both parties in the subject transaction, at no cost to the Corporation of the County of Simcoe. The Solicitor shall carry transfer insurance that will indemnify the transfer. The applicant must contact the County for detailed transfer specifications. The County of Simcoe is requesting the road widening, daylight (sight) triangle and 0.3 metre reserve 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, the daylight (sight) triangle and the 0.3 metre reserve are required pursuant to the County's standards for the construction and is consistent with proper safety standards. Summary The County would request that a Traffic Impact Study, an Environmental Impact Study, and a Planning Justification Report be submitted for review by the County prior to any further consideration of the proposal. Therefore, County of Simcoe Planning staff would ask that the application be deferred until the requested studies and review have been completed. Page 17 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... However, if a decision is made on this application without the requested supporting studies, please circulate a copy of the Notice of Decision. If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-726-9300 Ext.1185 or tiffany.thompson(o)simcoe.ca Sincerely, The Corporation of the County of Simcoe i Tiffany Thompson, BES MCIP RPP Planner II cc: Nathan Westendorp, Manager of Development — County of Simcoe Paul Murphy, Engineering/Planning Technician — County of Simcoe Page 18 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie To: lazydayz Subject: RE: LazyDayz zoning From: lazydayz [mai Ito: lazydayz@on.aibn.com] Sent: Friday, March 20, 2015 11:48 AM To: Spinosa, Adrianna Subject: Fw: LazyDayz zoning Hello Adriana Thanks for coming by today with Adam ..... I hope we were able to answer your questions. As we chatted about, here is a letter from a guest last year. Please feel free to share with council as needed. I will also send the letter from our neighbour by separate copy. thanks again Kate Marrs & Jamie Anderson LazyDayz Bed, Breakfast & Rustic Barn ----- Original Message ----- From: Kaitlyn To: harry. hughesCc)oro-medonte.ca Cc: lazydayz Sent: Tuesday, March 17, 2015 7:11 PM Subject: LazyDayz zoning To whom it may concern, I am writing to you in regards to Lazydayz Bed and Breakfast's zoning request. First let me start by saying that when I originally had booked my wedding at LazyDayz Kate and Jamie weren't the owners. I must admit that I was little offput by the transfer of ownership but couldn't have been happier with the result. They are awesome hosts! Kate and Jamie are very welcoming and helpful which helps ensure that everyone is comfortable and that things run smoothly. They put in a lot of hardwork and effort to update everything to ensure the safety of their patrons. Kate and Jamie make sure that their patrons are aware of the rules and regulations and of all permits they need to acquire previous to their event. They are very firm and follow all aspects outlined by the county. They always have their neighbour's in mind and ensure the noise is kept at a respectable level. They also enforce that all food waste is removed from the premise the night of the event by the caterers. Kate and Jamie Page 19 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... are also environmentally concious and leave out multiple recyclying receptacles for patrons to dispose of recyclable material. As for their guests safety they have abided by all laws stipulated by the county. They have even gone so far as to add a pumping station in case emergencies. Another safety precaution they take is that all guests in the Bed & Breakfast must register so in the event of a fire they can inform the fist responders of how many guests were on the property. Both Kate and Jamie are very involved in the business resulting in a pleasureable expierience and safe environment for all guests, patrons and neighbours. I would gladly recommend LazyDayz to anyone looking for a fantastic and affordable wedding venue or even a simple weekend getaway. I hope you take their request into consideration and I wish them the best of luck in their future endeavours. Sincerely, Kaitlyn Pascoe Page 20 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie Subject: RE: Rezoning Application - 754 Horseshoe Valley Road From: Michael Frederiksen mailto: ] Sent: Thursday, March 19, 2015 7:54 PM To:; Coutanche, Barbara Cc: Spinosa, Adrianna; Hughes, Harry; Irwin, Doug; Teeter, Janette Subject: Rezoning Application - 754 Horseshoe Valley Road To: Barbara Coutanche Councillor Ward I Township Oro Medonte Re: Rezoning Application 754 Horseshoe Valley Road Please find attached a letter addressed to J. Douglas Irwin, Clerk of the Township of Oro Medonte. Issues we have addressed include contraventions of existing Township By-laws and concerns related to the Highway Traffic Act. We are on public record to urge you and the entire Oro Medonte Township Council to deny said application. A signed letter will be hand delivered to the Township Municipal Office. With respect Michael and Linda Frederiksen 8 Pine Lane RR#1 Barrie ON Canada L4M 4Y8 705 - Page 21 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... March 16, 2015 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Att: j. Douglas Irwin, Clerk Re: Application of Lazy Dayz Proposed Amendment to Zoning By -Law (S34 Planning Act, R.S.O. 1990 c. P. 13) Dear Sir It is our understanding that there is a proposal to amend the zoning of the lands located at 754 Horseshoe Valley Road West, formerly in the Township of Medonte, now in the Township of Oro-Medonte. The subject lands are presently zoned Agricultural/Rural (A/RU). Rezoning the lands to a site specific exception to permit indoor and outdoor special events such as banquets, weddings, receptions or similar functions is problematic and is strongly opposed on the following grounds: a) the property located at 754 Horseshoe Valley Road is immediately adjacent to a residential area where ten (10) homes/family dwellings are presently situated. In addition, there are twenty-one (2 1) homes/family dwellings that lie within a distance where noise levels will disturb residents. b) the property located at 754 Horseshoe Valley Road backs onto the property of 8 Pine Lane, a location where activities at Lazy Dayz will affect the residents of 8 Pine Lane and thus be in contravention of By -Law No. 2012-167. The By -Law provides for the regulation and prohibition of noises likely to disturb the public. "Noise", according to the By -Law means any unwanted sound that is of such volume or nature that it is likely to disturb the inhabitants and that is clearly audible at a point of reception. 52.1 of the By -Law indicates that no person shall create the emission of noise that disturbs or is likely to disturb any inhabitant of the Township. Page 22 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... c) the property located at 754 Horseshoe Valley Road is located on an Ontario Highway where the speed limit is 70km per hour. That notwithstanding, there is significant traffic on this roadway and there is a strong likelihood that those parking at or near 754 Horseshoe Valley Road will be forced to do so when there is insufficient space on the property to park. There are no authorized signs erected on Horseshoe Valley Road that permit parking on the shoulder of the roadway. By -Law No. 2012-168 restricts parking, standing and stopping on parts of the highway, that includes this section of Horseshoe Valley Road. The intention of the by-law is to ensure safety for all who use the highway, including those attempting to park, exit their vehicles and proceed to Lazy Dayz as well as others lawfully using the roadway. With added traffic at key times on the weekend, there is greater risk to children and others walking across Horseshoe Valley Road at 4th Line North to access the playgrounds and park area. Motor vehicles using the highway when impeded by others trying to park and exit their vehicles could exercise unsafe measures that would place pedestrians at risk. His or Up until 2013 the residents of the property at 754 Horseshoe Valley Road operated a B&B. In the summer and fall of 2014 Lazy Dayz under new ownership sponsored activities that included weddings and other public gatherings and receptions. These were mainly on weekends where residents of Cathedral Pines would naturally anticipate quiet family gatherings and general enjoyment of their property. Public address sound checks would begin in the early to mid afternoon. The events lasted as late as 11pm. The nature of the activities ensured an unreasonable noise level that would force us to move inside. Even inside our home we heard speeches, cheering and music levels that were unwanted. On one occasion there was a loud and unpleasant argument between what appeared to be two men. The nature of the communication was one where alcohol could have been a factor. Reali : People come together at a wedding or similar function to party and have a good time. There is no possible way that Lazy Dayz can regulate what would be a reasonable amount of noise. Sounds from inside the barn are clearly heard outside because there are no baffles or sound Page 23 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... insulation to contain the sounds. In addition, people need to park somewhere. Last season there were motor vehicles parked outside of the property at or near 754 Horseshoe Valley Road. It is our opinion that there is a safety issue here that potentially could put people at risk. Conclusion: In the summer of 2014 the owner of Lazy Dayz spoke with me (Michael Frederiksen) at our mutual property line. She indicated what the nature of the events would be and that for each event there would be a notice to neighbours indicating the date and time of the event To date we have received no communication as to the events taking place behind us at 754 Horseshoe Valley Road. We are on record to indicate that the application for a specific exemption to rezoning the property of 754 Horseshoe Valley Road violates a reasonable expectation of privacy at 8 Pine Lane. Our property is a distance of 50 meters from the barn, the source of the noise and sounds we hear. As residents of Oro Medonte we have the right to enjoy our property without having to accede to activities that create unsolicited and unwanted sounds that are unduly loud. We live in a residential area where we all must respect our neighbors and get along with each other. We are also entitled to a reasonable amount of peace and quiet That is what living in community is all about There is no possible way for the owner and operators of Lazy Dayz to assure us that these rights and expectations will be maintained. To rezone the property at 754 Horseshoe Valley Road to permit indoor and outdoor special events will allow even more events to take place. A greater number of disruptions throughout Spring, Summer and Fall are likely to occur. To do so will potentially also devalue the properties that already exist close to the place known as Lazy Dayz. Therefore, we urge the Township of Oro Medonte to deny the application to amend the zoning by-law for 754 Horseshoe Valley Road. Linda and Michael Frederiksen 8 Pine Lane RR1 Barrie, ON L4M 4Y8 Page 24 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie Subject: RE: Lary Dayz zoning application -----Original Message ----- From: John McGee [mailto] Sent: Monday, March 16, 2015 1:43 PM To: Irwin, Doug Cc: Subject: Lazy Dayz zoning application Dear Mr. Irwin We are the owners of 6 Pine Lane a property directly adjacent to and behind the Lazy Dayz B and B. We have been made aware of an application to rezone this property from A/RU to anther category related to indoor/outdoor special events. We strongly wish to express our opposition to this application for a change in zoning. When we purchased our property in 1992, Lazy Dayz was exactly that. A small quaint bed and breakfast that was identified by a small sign at the front of the property. Over the years we have enjoyed an uneventful relationship as the property was quiet and well kept. We understand the property is under new ownership and the new owners have already taken liberties to improve their revenue sources by booking weddings and other events. As a registered Bed and Breakfast, did they have the approval of the county to host these special events? This is taking place in a residential neighbourhood, our neighbourhood. Now they're making an application to completely change the venue, increase noise levels, promote alcohol consumption and change the fabric of the community that directly impacts our right to peaceful enjoyment of our property and general safety in our neighbourhood. These events will cause the new owners to expand parking facilities, increase sanitation and water requirements. I don't want any of this in my back yard... literally!!! We are not able to attend the public meeting on April 1, 2015 but want our opposition to this request recorded. Your attention to this matter is greatly appreciated. John and Ann McGee Sent from my iPad Page 25 Township of Oro-M:edonte 148 Line 7 South 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Oro-Medonte, Ontario LoL2E0 Attn: J. Douglas Irwin, clerk Dear Council, (March 13, 2015 I purchased my house and closed on April 18, 2014. 1 moved up to Horseshoe to get away from the city. I was told by my real estate agent that the property that mine backed onto was owned by a bed and breakfast. Imagine my surprise that all summer long there were events going on virtually in my back yard. I could not sit outside on Saturday evenings as I could hear perfectly the speakers for the wedding. Even with the doors and windows closed the music came through. I know that my neighbours had the same experience. I moved from downtown Toronto and it is noisier on Saturday night than my condominium at St.Lauren.ce market. I don't think it is appropriate to have that level of noise in a residential neighbourhood on an ongoing basis. It will certainly lower property values. I oppose the application to formalize the zoning for special events at Lazy Dayz. I will not be able to attend April 111 as I am out of the country on vacation but please make my views known. This is also a formal request to be notified of the decision. Jane Ravenshaw 73 Cathedral Pine RD L4M4y8 Page 26 MAR 1 8 2015 ORO-lMED0i',j'rii* 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie Subject: RE: Amendment to 754 Horseshoe Valley Rd. From: ebony ebony [mailto: j Sent: Thursday, March 26, 2015 8:00 AM To: Coutanche, Barbara Cc: Spinosa, Adrianna; Hughes, Harry Subject: RE: Amendment to 754 Horseshoe Valley Rd. Please see an email here below that I hand delivered to the Township offices March 25th 2015 Dear Mr. Irwin I am the property owner of 10 Pine Lane Cathedral Pines in the Township of Oro Medonte. My property is behind and adjacent to the Lazy Dayz Bed and Breakfast located at 754 Horseshoe Valley Road. I would like to strongly express my opposition and concern to a change in the application for rezoning Layz Dayz from Agricultural/Rural(A/RU) to another category that would allow indoor/outdoor special events on a more regular basis. I built my house in the late 80's knowing what a friendly quiet neighbourhood it was. In 2013 that all changed when over many weekends our peace and tranquility of our own back yard was shattered with loud music (which starts the neighbourhood dogs barking),and shouting from their property. The noise began around noonish most of the time ending sometimes past 11pm. Unfortunately in 2014 the noise level increased with a very annoying loud base component and microphones so loud causing us to hear even the ceromonies most intimate parts.The amount of functions allowed there also increased in 2014. We were no longer able to enjoy our quiet backyard and were forced inside and still were able to hear their chaos. Upon speaking with one of the owners we were informed of her wishes to expand her services and the potential of winter activities outside as well and extending to include the rest of her acreage. This area was sold to me as residential and should remain so.!!!! The approval of this application in my opinion would allow: (1) Noise levels to continue and potentially increase year round. (2) Promote alcohol consumption which worries me as we are generally a fence free neighbourhood which may encourage unwanted strangers to straggle into our yards. (3) Cause major traffic problems with parkingon and entering and exiting the Horseshoe Valley Road. (4) Great risk to families well being, with the entrance to Lazy Dayz property being only yards from the entrance of our residentioal subdivision which homes many children and animals that cross Horseshoe Valley road constantly to get to the public park on the other side. I personally have witnessed many near collissions with cars appearing to look for the entrance to the Lazy Dayz. Page 27 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... They are obviously not paying attention to who may be crossing the road or to the speed of the traffic traveling up the hill in this area. You as our elected council HAVE the ability to make the right decision in this issue. Hopefully you will before the death of someones loved one,(an adult or child or beloved pet.) In closing if this Amendment is successful and approved our whole lifestyle and that of our neighbours will be changed FOREVERM I would like this letter to be recorded and would welcome it to be read out at the meeting of April 1st 2015 which I will be attending. Your attention to this matter would be appreciated. Stephen Ward and Tracy Hall Page 28 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie Subject: RE: MC 2 DH / RE: Lazy Dayz B&B From: Brandon [mailto:] Sent: Thursday, March 12, 2015 10:23 PM To: Barbara Coutanche Cc: Spinosa, Adrianna Subject: Fwd: MC 2 DH / RE: Lazy Dayz B&B Hello Barbara I am forwarding you the email I sent Mel last fall about the issues at the Lazy Dayz. We received our notice about the public notice for the zoning change today, and I know my husband has contacted you. I know from speaking to you last fall you are aware of the importance this issue has for our family and the residents of Cathedral Pines. Your input and advice on how to proceed would be appreciated. Diane House Begin forwarded message: From: "Coutanche, Mel" <mel.coutanche(d-)oro-medonte.ca> Subject: MC 2 DH / RE: Lazy Dayz B&B Date: September 3, 2014 at 7:51:26 AM EDT To: B House < > Good morning Diane Thank you for the extra information. I've forwarded it to senior staff and council and will be surer to include it for discussion(s) today. It is Agenda Item 11b. Mel From: B House [mailto: ] Sent: Tuesday, September 02, 2014 9:51 PM To: Coutanche, Mel Cc: Hughes, Harry; Shelswell, Curtis Subject: Lary Dayz B&B Good Evening, Mr. Coutanche, We dropped off an envelope to the administration centre late this afternoon which contained a 2 page petition signed by a number of residents of Cathedral Pines. We actually forgot to sign it ourselves, oops! Page 29 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Due to the time sensitive nature to provide this petition we were unable to reach all our neighbours. We will continue to canvas our neighbourhood if you advise us additional support is required. Neither my husband, Brandon, or I are able to attend the council meeting tomorrow as we are both working. We do have many concerns about the existing permit and possible future zoning to host weddings and such events at the Lazy Dayz B&B. It has been brought to our attention from several neighbours that there are other concerns besides the noise and disruption from the events held at the Lazy Dayz B&B. Patrons of Lazy Days have been parking along Horseshoe Valley Road and at the parking lot at the 4th Line Park, then crossing horseshoe valley rd. to attend the event. I am sure you are aware of the concern many residents have of the traffic along Horseshoe Valley Road at Line 4 and the access to the 4th line park. This is adding to the dangerous situation that already exists. There is also growing concern with the traffic congestion that takes place when patrons of events at Lazy Dayz are attempting to turn left into the establishment and backing up traffic into the intersection at 4th line and Horseshoe valley rd. This is already an awkward intersection. Patrons of these events are arriving in large numbers, obviously due to a prearranged time; so this is a serious situation, given the nature of this business. Like many of our neighbours we moved to this community to enjoy all Oro Medonte has to offer, and it has so much going for it; and the events being held at this establishment under the supervision of the current owners are not in any way adding a positive effect to our residential community. The owners have been contacted by phone and in person and residents have presented their concerns. However, absolutely no attempt has been made by the owners of Lazy Dayz to keep the noise level down to acceptable levels. The hooting and hollering that takes place between the hours of l lam until after lam is overwhelmingly unacceptable. We were all aware of the amenities and events hosted by nearby Horseshoe Valley Resort and for many of us, this was an attraction to our community. We were personally aware of the B&B abutting our property's backyard when we moved to our neighbourhood 5 years ago. There were no issues with the few subdued events the previous owners hosted. We, as a community, have absolutely no confidence in the ability of the current owners to make this situation an acceptable, or livable one. Their priority is with their clients/customers. The following is a summary of the issues we have, regarding the "Event Barn" at Lazy Dayz. - Excessive noise from lawnmowers at 7:30am on Saturday mornings - Excessive noise of music (starting early afternoon through to and sometimes after 1 1pm) - Wedding Speeches, laughter, hooting and hollering throughout afternoon, into the evening, and sometimes after lam - a general din of noise (talking and laughing) that transpires throughout any particular event that worsens as night falls and noise travels easier; some of the events being hosted are very large! - Parking along Horseshoe Valley Road and within the lot at the 4th Line Park - Excessive garbage and recycling created from events; covered by residential pick up (how long does a truck have to stop on Horseshoe Valley Rd for pick up?) Page 30 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... - The level of noise created by the patrons at the Lazy Dayz has continuously disturbed the sleep of children and adults alike; and has honestly and sincerely increased in decibel level over the summer. - A Local real estate agent has expressed a concern of a possible decline in residential property values if this venue is able to continue and establish permanent zoning for hosting such events. According to Report No. DS2014-028, June 4, 2014: b) The proposed use shall be compatible with adjacent land uses and the character of the surrounding neighbourhood. It should be evident to council this is no longer the case. c) The proposed use shall not require the extension or expansion of existing municipal services. This has been violated due to excessive garbage and recycling created by the events. d) The proposed use shall not create any traffic circulation problems within the area nor shall it adversely affect the volume and/or type of traffic serviced by the area's roads. This has been violated due to volume of traffic congregating at the same time to enter/attend events and adding to existing issues of access to the 4th line park e) Parking facilities required by the proposed use shall be provided entirely on-site. This has been violated by patrons parking along Horseshoe Valley Road and parking at the 4th Line Park. g) The proposed use shall generally be beneficial to the neighbourhood or the community as a whole. This has been violated as residents in Cathedral Pines subdivision have been subjected to excessive noise and general disturbances from events at the Lazy Dayz EVERY Saturday and the occasional Sunday since June. This has been an exhausting issue for our family and created unacceptable disturbances for the residents of Cathedral Pines. We hope council will readdress the temporary Use By-law granted to Lazy Days and side in favour of the residents of Cathedral Pines to consider revoking the current by-law and at the very least never allow such permits to ever be granted to this facility. Sincerely, Diane House 71 Cathedral Pines Page 31 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie Subject: RE: lazy dayz concerns From: Brandon [mailto:] Sent: Friday, March 27, 2015 7:49 AM To: Spinosa, Adrianna; Hughes, Harry; Barbara Coutanche Cc: Brandon house Subject: fwd: lazy dayz concerns Good day, Below is a forwarded communication, dated last October 3, 2014. No one on council replied, and this certainly could have been due to the timing, being close to the election about to take place. Concerns re: Lazy Dayz are on many levels; below is only one. However, I wish I had followed this up, as we are now in a serious situation with the rezoning application. I know the temporary permit stipulates that it ends on June 24th, 2015, but we worry that Lazy Dayz will still be allowed to fulfill already booked events this summer. According to the temporary permit, Lazy Dayz owners were cautioned against this. Some of the questions below have come to fruition and I feel the concerns listed below should be on public record. Thank you for your time, Brandon House 71 Cathedral Pines Begin forwarded message: From: B House > Subject: Re: Lazy Dayz parking issue Date: October 3, 2014 at 1:56:37 PM EDT To: "Coutanche, Mel" <mel.coutanche(aD-oro-medonte.ca> Cc: "Shelswell, Curtis" <CShelswell(doro-medonte.ca>, "Dunn, Robin" <rdunn(a_oro- medonte.ca>, "Hughes, Harry" <harry.hughes(a)oro-medonte.ca> Good day, It was a beautiful weekend last Saturday. Lazy Dayz held another wedding event which began at 2 in the afternoon. We were chased from our back yard again. Country music genre! Hooting and hollering at midnight is really getting to be a integral part of the festivities at these events. Couple questions: 1. We sense that nothing is going to be done about this situation until the Lazy Dayz owners apply for another permit or zoning change. S0000, this all starts up in the Spring again? Page 32 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 2. And if so, what happens to all the bookings they have that go past the June 24th, 2015 expiration date; assuming we are even successful in stopping these events and the disruption to our lives EVERY Saturday. We see this unfolding in a manner that will allow Lazy Dayz to fulfill obligations to customers they have booked; not wanting to leave wedding couples to scramble and find new venues at the last minute. Certainly unacceptable to many of us over in Cathedral Pines. We are simply the unofficial spokespersons for this situation. 3. We would like to know if something can be done now. They are currently booking for next season, according to friends who have called to reserve a date. Please tell us that we don't have to live through another season of this? Please, please, please! ! ! ! 4. Could we invite any and all of you over for a bbq so you may witness this disruption first hand? Regards, Brandon House 71 Cathedral Pines On Wed, Sep 17, 2014 at 8:34 AM, Coutanche, Mel <mel.coutanche@oro-medonte.ca> wrote: Will follow up this week. Mel Mel Coutanche Councillor Ward 1 Township of Oro-Medonte Notice of Collection/Use/Disclosure: All information about municipal services is collected in accordance with the Municipal Act, 2001, under s.8 and for Council's purposes under s.239(1) and may be used in Council deliberations, and disclosed in full, including email, names, opinions and addresses to other persons requesting access to records, or as part of a public agenda. All information submitted to the municipality is subject to the Municipal Freedom of Information Act (MFIPPA). Questions about this notice of collection should be directed to the Clerk's Office (705) 487-2171, ext. 2132. Please consider the environment before printing this email. This e-mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e-mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e-mail may contain viruses. The Township of Oro-Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro-Medonte reserves the right to monitor and review the content of all messages sent to or from this e-mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro-Medonte's e-mail system. ------Original Message ------ From: B House Page 33 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... To: Mel Coutanche To: Curtis Shelswell Subject: Lazy Dayz parking issue Sent: Sep 17, 2014 7:11 AM Hello Gentlemen, I apologize for taking up more of your time. But there were several witnesses to the parking issue at Lazy Dayz this past weekend, and we feel it is important to explain this issue. Cars are parked on the front lawn, and arranging the cars is a slow process, since they are parked rather tightly in there (in an attempt to avoid parking on Horseshoe Valley Rd. I imagine); when many cars arrive northbound, they have no choice but to stay in their lane on Horseshoe Valley Rd and wait for the driveway to be clear. Northbound thru-traffic leaves the road and travels on the gravel at the side of Horseshoe Valley Rd. to go around these cars. Children and families travel along this road sometimes, to get to the fourth line park. They have basketballs and tennis racquets with them, which is why I say they are going to the park. We ourselves, came home from Orillia and witnessed the cars parked on the road this past Saturday. We don't know where this issue stands, but again, we hope you will understand that we take this seriously and can't imagine living through any more of this disruption in our lives. I have better things to do with my time; and I'm sure you do .... but these events have to stop. Thank you for your time and I hope this is the last of my correspondence to you re: this issue. sincerely, Brandon House 71 Cathedral Pines Regards, Brandon Page 34 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Brissette, Marie Subject: RE: Lazy Dayz Zoning From: [mailto:] Sent: Wednesday, March 11, 2015 12:51 PM To: Spinosa, Adrianna Subject: Lazy Dayz Zoning Good afternoon Adrianna, I'm emailing you in regards to the proposed amendments to the zoning by-law 2015-ZBA-01 (Lazy Dayz). I own a neighbouring house on pine lane and share the back property line with 754 Horseshoe Valley Road. I would like the committee to know that I am against this proposal. My main concern is noize. One reason I moved from the city to horseshoe valley to get away from the noize of the city. Lazy Dayz in the past have had some late functions and they were quite loud, and with my property so close to theirs the sound travels easily into my yard and house. On a warm Saturday evening the last thing I want to hear is somebody's wedding toasts. I have heard this in the past from this location. I fear if they get approved zoning they would be able to promote more functions and be loud more frequently. I plan on attending the April 1st meeting to hear what everyone has to say about this, but for the time being I am 100% against the proposal. Thanks for hearing me out Dave 1 Page 35 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... March 14, 2015 To Whom It May Concern, I have been a resident of 12 Pine Lane for almost three years, with a property that backs onto the existing Lazy Dayz Bed, Breakfast and Rustic Barn. In regards to the request for the permanent zoning proposal, I would like to offer some information regarding our involvement with the owners of Lazy Dayz. Last summer, as we sat in our back yard, there was quite a lot of noise coming from the Lazy Dayz property. This was just some loud music, as there was likely an event that was running. I called the owners to let them know that the sound was quite excessive, particularly, the bass. Kate called me back within the hour to address the noise and to apologize for the inconvenience. She had also expressed that they were looking into the issue as it had been a complaint from some residents in Cathedral Pines. Not long after, Kate came over (after I had invited her) to listen to what we were experiencing in our own back yard. Since that time, Kate has attempted to be involved with the residents of Cathedral Pines. They held an open house "Grand opening" BBQ and invited the entire neighborhood. She has reached out in a positive way, addressing the concerns of the residents and to inform us that they are working on correcting all concerns of those who are affected, and who live here. At times, I am still affected by the music as no one can predict the direction and strength of the wind, however, the volume of the music had subsided by the end of the summer, and into the autumn months. Having known the former owners, and having worked closely with them (they gave us the venue for a community fund raising event for the 4t" Line Park children's playground equipment), I think the business itself has flourished and the continued and growing success is as a result of the passion of the new owners. This is a wonderful location for events and brings a wealth of business to this community. This extends to Horseshoe Resort for accommodations, increased volume of visitors for our restaurants, decor shop, Trading Company, and for local farmers who are also selling their produce. It also draws people to explore our wonderful community. I do not see intermittent loud music as a disruption to my Saturday night. If and when it is, it has been quickly addressed. I have confidence that the new owners, Kate and Jamie, will work diligently to contain or fix the problem as they have shown they have been respectful of the community residents and have reached out to ensure they are involved. I support the request for permanent zoning by Lazy Dayz Bed, Breakfast and Rustic barn, and wish them continued success in our thriving community. If you have further questions, please do not hesitate to contact me. Page 36 '�A 5.a 5:30 p.m. Proposed Amendment to"in Y �5,. Cd To Whom It May Concern, I have been a resident in Horseshoe Valley since 2005. Our family home was the first home built in the Horseshoe Highlands. My husband's parents decided to move into town to be closer to medical facilities, and the opportunity presented for us to purchase the family home. My husband, grew up in this community. Went to school at WR Best, worked at Horseshoe through his teens and now, we enjoy raising our children in the same rural community, with modern appeal. We have seen the area develop around us. Such developments as the Highlands Golf Course & Club House, Carriage Hills, Settlers Ghost, Foodland, Horseshoe Adventure Park, and recently the Nurse Practitioner -LED Clinic. We are so very lucky to live where others look forward to vacationing and enjoy what our community new developments offer... • Horseshoe adventure park — entertainment for our family celebrations • Settlers Ghost - golf and special dinners out with neighbourhood friends • Foodland - convenient local shopping • Egos— nursery and decorative shop • Nurse Practitioner Clinic — medical services I am writing this letter is support of Kate and Jamie. I met Kate and Jamie through our daughters, Ella & Emma. Ella & Emma attend WR Best Public School, which I will add has also developed since my husband attended in the 80s. On New Years' 2014, Kate and Jamie held a New Years' celebration for close friends and invited us to join them. This was my first visit to Lazy Dayz. Since then, seeing what they have done to restore the barn and to the landscape is amazing. Kate and Jamie are open with their thoughts and often seek ideas from friends. We recently attended a local evening event where several of us with Kate talked about local events like fundraising and graduation to be held at Lazy Dayz. They want to help support and be involved in the community. Kate and Jamie are responsible parents and 1 can vouch that they are reasonable neighbours. Forthem, Lazy Dayz is their full-time home. They are owners, living on-site and are available to address any need at any time. They are "our" neighbours and look forward to seeing local residents prosper in the area. Sincerely, Tracy Sharpe Page 37 5.a) 5:30 p.m. Proposed Amendment to File No.: 2015-ZBA-01 (LAZY DAYZ) ONTARIO DEVELOPMENT SERVICES COMMITTEE OF THE TOWNSHIP OF ORO-MEDONTE IN THE MATTER OF an Application pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. RESPONDING SUBMISSIONS OF THE RESIDENTS OF 7 PINE LANE DOOLEY LUCENTI Barristers and Solicitors 10 Checkley Street Barrie, Ontario L4N 1W1 Drew R. Sinclair LSUC #536001 TeL (705) 792-7963 Fax: (705) 792-7964 Page 38, 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... File No.: 2015-ZBA-01 (LAZY DAYZ) ONTARIO DEVELOPMENT SERVICES COMMITTEE OF THE TOWNSHIP OF ORO-MEDONTE IN THE MATTER OF an Application pursuant to Section 34 of the Planning Act, R.S.O. 1990, c_P.13. RESPONDING SUBMISSIONS OF THE RESIDENTS OF 7 PINE LANE PART 1 - OVERVIEW (A) Summary 1. These submissions are made in response to an application for a permanent zoning change to the property, located at 754 Horseshoe Valley Road (the uprop:erty"). The Applicants request permission for a permanent right to hold indoor and outdoor special events such as banquets, weddings, receptions, or similar function ("special events"). 2. The Respondent respectfully requests that if the application is allowed, the amendment attach the following two restrictions to the use of the property: 1. The property remains subject to the Township of Oro-Medonte's noise by-law; and 2. The number attendants at the special events be limited to 65 people. Page 39 - - 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 2 (B) Outline of Argument 3. The property is fully bounded on two sides by Cathedral Pines, a quiet residential community. 4. The community members object to the inevitable noise that accompanies the special events. 5. The Township of Oro-Medonte's By -Law Enforcement Office has confirmed that if the zoning amendment is passed, the Applicants will not be subject to Noise By -Law No. 2012-167. 6. __ —It - is. requested that if. the _application.. is _allowed,. the. _amendmen.t_ specify the property remains subject to Noise By -Law 2012-167 at all times, including when hosting special events, whether indoor or outdoor. 7. The Applicants claim throughout their application that they want to be "a part of the community" and "good neighbours." If that is their position, then they ought to agree to being subject to the same noise tolerances as the rest of the community. 8. It is also requested that if the application is allowed, the amendment specify the maximum occupancy of special events not exceed 65 people. Page 40 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 0 9. That figure is premised upon the limited number of parking spaces available on the property (26 spots). Overflow parking on Horseshoe Valley Road is a serious safety concern and inconsistent with the Ministry of Transportation's Geometric Design Standards for Ontario roads.. PART 2- PLANNING ISSUES WITH THE APPLICATION (A) Official Plan 10. The Applicants' proposed amendments are inconsistent with the Township's Official Plan. 11. At least 50% of the Applicants' property borders quiet residential lots. 12. The defining characteristics of the Cathedral Pines community are quiet and solitude_ This is achieved by the natural landscape and large heavily treed lots. It is maintained and protected by the Township's designation as a low density residential zone. Township of Oro-Medonte Official Plan, Schedule D — Horseshoe Valley Development Node. 13, The Applicants claim their proposed usage of the property is consistent with the Township pian because lands on the south side of Horseshoe Valley Road are zoned for resorts. Page 41 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... n W 14. That is a misrepresentation. The property is a play park with children's equipment and tennis/basketball courts. Indoor and outdoor special events such as banquets, weddings, receptions, or similar functions are not held there. More, the park remains subject to the Township's noise by-law. Township of Oro-Medonte Official Plan, Schedule D Horseshoe Valley Development Node.. Township of Oro-Medonte Zoning Map —Al6. 15. The Applicants' property is zoned AgriculturalfRural. By operating a bed and breakfast they are already pushing the limits of the Township's intended use. The Applicants have not provided sufficient reason why they ought to be permitted to operated even further outside the Townships planned use of the property. (B) Noise 16. The proposed amendments will allow the Applicants to be exempt from the Township's noise by-law. 17. This is unfair to the residents of Cathedral Pines and there is no valid reason at law for granting such exemption. 18. By -Law No. 2012-167 (the "Noise By -Law") provides for the regulation and prohibition of noises likely to disturb the public. By -Law No. 2012-167. Page 42 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 1.1 19. Subsection B to Schedule "A" prohibits noise by yelling, shouting, hooting, singing, or other boisterous activity after 11:00 p.m. By -Law No. 2012-167, Schedule "A" (B). 20. Subsection E to Schedule "A" prohibits noise or sound from any radio, stereo, phonograph, public address, system, sound equipment, loud speaker, musical equipment, or electronic device designated to amplify sound that is operated in such a manner that the sound or noise made disturbs the peace, comfort or repose of any person. The no limitation on the time of day and therefore the restrictions apply at all times. By -Law No. 2012-1.67, Schedule "A" (E). 21. On March 27, 2015 1 discussed the Noise By -Law with Municipal By -Law Enforcement Officer Curtis Shelswel<I. He confirmed that if the proposed amendments are made, the property will be exempted from the Noise By -Law. 22, The Applicants have implicitly confirmed they have no intention of respecting the intent or purpose of the Noise By -Law even if they do not fall under its jurisdiction. Part of the Applicants' application package includes an "Event Checklist." The Applicants indicate this is used to communicate to their guests what acceptable noise levels will be. It indicates "music is to be turned down at 11:00 p.m." and that events must be end by "12:00 a.m." Application Package, Event Checklist, 1(d). Page 43 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 0 23. Turning music "down" is not the same as turning it off. Moreover, any music that disturbs the peace, comfort or repose of a neighbor is in violation of the by-law, not just music played late in the evening. 24. This is unfair. All the residents of Cathedral Pines are subject to the limitations in the Noise By -Law. The subject property is physically nestled within the Cathedral Pines community. It ought to be subject to the same noise limitations. (C) Parking 25. The property does not have enough parking spaces to _. accommodate- thenumberof vehicles. typically expected -for the -special events. - This will inevitably lead to vehicles parking on Horseshoe Valley Road. 26. The site plan for the property indicates 26 parking spaces are available in the designated parking lot. A further 14 spots are created by parking vehicles on the lawn and squeezing them into various locations around the yard.. Accordingly, they are able to improvise up to 40 parking spaces if pressed to do so. 27. The Applicants admit that a typical event will draw 40 vehicles. That figure originates, they suggest, from 100 guests. That is a not a worse -case Page 44 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... scenario or a maximum. That is what they expect on average. Accordingly, on average, the subject property will not have appropriate parking space. 28. The Applicants claim they have adequate parking for 40 vehicles. But the suggestion that vehicles will be parked in the improvised spots around the property each time a "typical" event is held is at odds with reality. Regardless of the difigence of the Applicants in trying to keep vehicles off the road, motorists attending the property are going to park on Horseshoe Valley Road if formal and recognizable parking spaces are not available. This will occur with each typical event. _ 29. This is. dangeraus_to all motorists on. Horseshoe- Valley Road- The subject property is located on the crest of a hill. Sightlines are reduced for motorists approaching form both the east and west. 30. To knowingly allow unexpected vehicles to park on the side of the road with drivers and passengers exiting onto a busy road is inappropriate and inconsistent with MTD design policies. 31. There is no dedicated MTO Geometric Design Standard for vehicles parked on the side of the road of a hill crest. But there are standards for sightlines required for safe stopping distances. These standards are based upon an average driver's reaction time to an unexpected event and time to take Page 45 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... Q appropriate braking and steering action. These standards provide guidance on the distance that would be required for a motorist to safely react to an unexpected event — like an unexpected vehicle parked on the road, the side of the road, or a driver or passenger exiting a vehicle onto the road. 32. The MTO Geometric Design Standards provide the following policy statement relating to sight distance: The safe and efficient operation of a vehicle on a highway is affected by the availability of a driver to see ahead and is of fundamental importance in the road systems. Sufficient sight distance must be provided so that drivers can control the speed of their vehicles to avoid striking an unexpected obstacle in the travelled way. MTO Geometric Design Standards, C.2.1 [emphasis added]. 33. According to the MTO Geometric Design Standards, the minimum stopping sight distance on wet pavement for a posted 70 km/h road with a maximum design speed of 90 km/h (posted speed plus 20 km/h) is 160 m. MTO Geometric Design Standards; Table C24, Minimum Stopping Sight Distance On wet Pavement. 34. The Applicants have provided no proof the driveway of the property, and surrounding area where motorists are apt to park, is clearly visible from more than 160 m for both eastbound and westbound traffic on Horseshoe Valley Road. 35. The citizens of Cathedral Pines and all motorists using Horseshoe Valley Road are entitled to the safety standards dictated by the MTO Geometric Page 46 t 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 4 Design standards. As the standards indicate, it is of fundamental importance to the road systems. 36. Allowing the Applicants unfettered reign over the number of vehicles attending their special events is implicitly allowing a special and highly dangerous condition to exist on Horseshoe Valley Road. The overflow of vehicles on the road, resulting from "any typical event," will be a fundamental breach of every motorist's right to a safe and efficient roadway. 37. If, as the application materials suggest., 100 guests will require 40 parking spaces, then they anticipate 2.5 guests per vehicle. Because the property has 26 parking spots,. it aught.to be-limited_to26 vehicles.,. o.r_65__guests. (26_x 2.5)._ PART 3 - LEGAL ISSUES WITH THE APPLICATION (A) Obligation On Municipal Council 38. The Ontario Court of Appeal has held there is an obligation on municipal council when planning for growth and development to recognize that the rights of the community are paramount to the rights of individual property owners. Bruce v. Toronto (City), [1971] 3 O.R. 62 at para 15 (C.A.). 39. The community members of Cathedral Pines have a right to the quiet enjoyment of their property. Their rights are paramount to the rights of the Applicants. Page 47 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 10 (B) Legal Test for Variance 40. The council must be satisfied that the following requirements have been met before it approves a variance: 1. The variance must be a minor variance from the provisions of the by-law; 2. The variance must be desirable in the opinion of the committee for the appropriate development or use of the land, building or structure; 3. The general intent and purpose of the by-law must be maintained, and 4. The general intent and purpose of the official plan, if any, must be_maintained. _ Planning Act, R.S.O. 1990, c. PA 3, s. 45(1). 41. A variance request that gives rise to a noise impact that is significantly adverse from within a residential dwelling is not minor in nature. The foregoing holds true even when the application maintains the intent and general purpose of the Official Plan and the zoning by-law. Walters v. Toronto (City), 41 O.M.&R. 478 at paras. 12-13. 42. In. Walters, at issue was the use of a property for a place of worship adjacent to a residential dwelling. The church had invested, significantly into the building over a 5 year period and strived to make it an integral part of the Page 48 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 11 community. Nevertheless, a noise complaint arose from a single resident regarding services with joyous singing and loud instrumental music. Walters v. Toronto (City), ibid., at para. 11. 43. The Ontario Municipal Board concluded that the place of worship use from the appearance of the structure and the nature of structure fit into the residential neighbourhood. But, the actual use inside significantly and adversely impacted the abutting residential dwelling. On that basis the variance was denied. Walters v. Toronto (City), ibid., at para. 14.. 44. The foregoing is analogous to the Applicants' contention that their renovation of the barn for special events is consistent with the neighbourhood and official plan for the property. As Walters shows, this is irrelevant if the noise of the use disturbs nearby residential dwellings. 45. In Re Papatragiannis, the Ontario Municipal Board was asked to consider a variance that would permit a restaurant patio adjacent to private dwellings. The Board denied the application on the following grounds: The Board has carefully reviewed all the evidence regarding whether the proposed variances satisfy the four tests pursuant to subsection 45(1) of the Planning Act. The Board makes the following findings: The proposal and proposed variances are not compatible with the area and therefore will not maintain the general purpose and intent of the Official Plan. Page 49 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 12 • The purpose/intent of the ten metre separation distance provision is to minimize the possible noise, overlook, privacy; • cigarette smoke and lighting impacts of restaurants and accessory, in this case patios on nearby residential properties. Even with the mitigation measures noise can still travel further than ten meters. Thus, the intent of the. Zoning By-law will not be maintained. • The patio is too close to the residential units and the conditions provided by the Applicants will not mitigate the noise to an acceptable level. • The noise from the proposed patio and the requested variances are not minor due to the close proximity to the residents and would result in an unacceptable adverse impact on the residents in the neighbourhood; • The proposed patio and the requested variances are not appropriate and/or desirable. The proposal, would destabilize the neighbourhood as the proximity between the outdoor _patio. and..the__adjacent_ residential land use would cause disharmony in the community. Re Papatragiannis, 2010 CamwellOnt 5041 at para. 60 (O.M.B.). 46. The Respondents submit the foregoing buileted points apply with equal force and effect to deny the variance requested by the Applicants. PART IV ORDER REQUESTED 47. The Respondents respectfully request that this application for a permanent zoning change to the property located at 754 Horseshoe Valley Road be limited such that: 1. The property remains subject to the Township of Ora-Medonte's noise by-law; and Page 50 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... 2. The number attendants at the special events be limited to 65 people. All of which is respectfully submitted. DATE: March 31, 2015 DOOLEY LUCENTI Barristers and Solicitors 10 Checkley Street Barrie, Ontario L4N 1 W1 Drew R. Sinclair LSUC #536001 Tel: (705) 792-7963 _ Fax: (705),792 -7964 - Page 51 5.a 5:30 p.m. Proposed Amendme��no- ... Marie Subject: RE: Horseshoe Resort re: Lary Dayz - rezoning From: lazydayz fmailto:lazydayz@on.aibn.coml Sent: Tuesday, March 31, 2015 7:34 PM To: Spinosa, Adrianna Subject: Fw: Horseshoe Resort re: Lazy Dayz - rezoning Importance: High Hello Adriana Better a bit late than never.....it turns out the contact I had been speaking with previously, has left Horseshoe Resort. However I was able to connect with Dallas Lombardi, and as you will see, she has been able to confirm the positive impact LazyDayz has on business revenue at Horseshoe Resort. Please share this email with committee and council. Thank you in advance Kate Marrs LazyDayz Bed, Breakfast & Rustic Barn ---- Original Message ----- From: Dallas Lombardi To: lazvdavz@on.aibn.com Sent: Tuesday, March 31, 2015 4:55 PM Subject: Horseshoe Resort re: Lazy Dayz Kate, It was a pleasure speaking with you a moment ago. I very much look forward to meeting with you and touring your facility. I have heard great things and the photos on your website are stunning! As requested, this letter is to confirm that due to the partnership between Horseshoe Resort and Lazy Dayz, we have had the opportunity to benefit with the gain of business in our room revenue because of the business that Lazy Dayz drives. We are happy to continue working together and look forward to future success. Please let me know if you require anything further and I will be happy to assist. Have a great evening. Dallas Dallas Lombardi I Director of Catering and Conference Services Horseshoe Resort, Skyline Hotels & Resorts 1101 Horseshoe Valley Road, Barrie, Ontario, Canada, L4M 4Y8 T: 705.835.2790 x 1396 C: 705.241.0794 E: dallasl@horseshoeresort.com I W: www.horseshoeresort.com 1 Page 52 - n L 5.a) 5:30 p.m. Proposed Amendment l - Marie ' Subject: RE: Zoning by-law change / H Valley Road From: TOM FENDLEY Sent: Wednesday, April 1, 2015 11:35 PM To:. Council Subject: Fwd: Zoning by-law change / H Valley Road Members of council, As discussed at tonights zoning by-law change for Lazy Dayz on Horseshoe Valley Road. Below is my submission e-mailed March 17 th 2015. In addition: Note: Parking / Safety on HV Road At tonight's meeting the owners acknowledged they have parking for forty vehicles. Two persons per vehicle would equal eighty people. She mentioned the barn could hold up to 150 people. That is a lot of extra vehicles they need to park. Noise I believe we can agree there is no efficient way to sound proof a barn. They just were not built for that. The owners seem like wonderful people trying to do things right. Unfortunately, it is in the wrong location right next to a quiet residential subdivision. As a property owner - if you buy property near a railway line you would expect to hear noise. However, if you buy property in a tranquil passive setting you would not expect this type of activity next door. Thank You, Tom Fendley Sent from my iPad Begin forwarded message: Harry Hughes Mayor Township of Oro-Medonte From: TOM FENDLEY < Date: March 16, 2015 at 9:43:06 PM EDT To: "council0moro-medonte.ca" <council. oro-medonte.ca> Subject: Zoning by-law change / H Valley Road Page 53 - 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... March 17, 2015 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Att: Mayor H. Hughes Township of Oro-Medonte Council By -Law Department Re: Application of Lazy Dayz Proposed Amendment to Zoning By -Law (S34 Planning Act, R.S.O. 1990 c. P. 13) As per the notice issued by the Township of Oro-Medonte to amend the zoning of the lands located at 754 Horseshoe Valley Road West, we would like to submit our feedback. We have been residents of the Township of Oro-Medonte for thirty six years. Until some time in 2013 the subject property was operated as a bed & breakfast. A very passive activity that did not impact the residents in the area. We would submit the rezoning of these lands to allow a site specific exception to permit indoor and outdoor special events such as banquets, weddings, receptions or similar functions is not in the best interest of the residents of Oro-Medonte, or the township itself. 1) The property located at: 754 Horseshoe Valley Rd is adjacent to a residential area known as Cathedral Pines, and very near a residential area known as Oro Hills. These residents will be directly affected by the noise levels and traffic of this activity. The noise has been an issue for events held at this property since it has changed ownership. A barn type building provides no noise barrier for members of the public living near this location. Many residents make the decision to reside in the Township of Oro-Medonte for its tranquil setting, recreation and distance from a larger urban setting. 2) The property is currently not zoned for this activity and therefore the current owners have been in contravention of By -Law No. 2012-167. In addition there appears to be insufficient parking for these activities on the property, as vehicles have been parking on the shoulder of Horseshoe Valley Road ( a County highway ). This has created a traffic hazard when traffic is arriving at and leaving these premises ( late in the evening or in the early hours of the morning ). There is also concern for the event attendees leaving the premises ( who may or may not have been drinking), who have to negotiate past the vehicles parked on the side of Horseshoe Valley Road. We feel this is a concern for the Township of Oro-Medonte ( and The County of Simcoe ). This is a safety concern for all who use the highway Noise By -Law: Our current Noise By -Law provides for prohibition of noises likely to disturb the public. "Noise", according to the By -Law means any unwanted sound that is of such volume or nature that it is likely to disturb the inhabitants and that is clearly audible. Suggestion: This a wonderful township we live in, with wonderful neighbours who contribute to the quality of life for others in the township. We have an expectation of peace and quiet. This is what living Page 54 5.a) 5:30 p.m. Proposed Amendment to the Zoning By -Law, 2015... in this community is all about. A change in the zoning by-law to accommodate the proposed activities does not enhance the experience of citizens residing in the Township of Oro-Medonte. In addition we have identified safety concerns. Therefore, we suggest this type of activity - indoor and outdoor special events such as banquets, weddings, receptions or similar functions, be located in a commercial /retail / industrial area of the Township of Oro-Medonte. This would be a more appropriate location for the proposed activities. Tom & Shawn Fendley 11 Pine Lane { Horseshoe Valley ) RRl Barrie, ON L4M 4Y$ Sent from my Pad Page 55 Zoning By-law Amendment 2015-ZBA-01 Kate Marrs (Lazy Dayz Bed, Breakfast & Rustic Barn) Location: 754 Horseshoe Valley Road West Current Zoning: Agricultural/Rural (A/RU) Current Official Plan Designation: Rural Existing Development: Single detached dwelling; B and Breakfast; Barns; and Accessory Building DIVOIShIp Oj- Proml HoRqke, Exciting Fwme Zoning By-law Amendment 2015-ZBA-01 Kate Marrs (Lazy Dayz) Purpose of Application: Zoning By-law Amendment — rezone 754 Horseshoe Valley Road West from the Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU*) Zone to permit: • Indoor and outdoor special events such as banquets, weddings, receptions, or similar functions. 'lbtmuhip o1 Proud Heritage, Exciting Putum Zoning By-law Amendment 2015-ZBA-01 Kate Marrs (Lazy Dayz) I I j nRcr F•n wTv t.lNel --.. _L�__,__—.—.._.1__._..--_._____ � ' - - 1 W r----- - --! / Site Plan _ Towruhip o!.���GCi ll/� Proud Heritage, Exciting Future — —.—. RKwH vnHC�[4d1t4CK ..t -------------------------------------- t R[)PrgTrL II.� IQ u ntt nRD'SCt9at:K '. I2 tl I �jplm jp ja I •r I I ' rr C' E Ci lu :; Iu 16 � I I I i I � ml In � n _ i lai I I I � I Fr ... N � I I tnl I 14 I iF is IK Iu I I xl� I 1`I of �� " _ _ __.______-________`x--- ---ccr[s..cK-J 1 . / Site Plan _ Towruhip o!.���GCi ll/� Proud Heritage, Exciting Future I�II�I�I�IIIIIIIIIAIIIIII flIIINI XIINIIIItl i ILII U!�![�l�lflf[EIII[I�lUlili! IU1llNI�AEIfifi!!�u ,,,� +t �,,,,„� t t. n ,gin r. •n s•. y •• yy r ,:•eA •, •. r A!w'.' .. .. n �� It „ A �n gin,: y,G - f •K f�l. i '.i t K. .�.Y r4 I,G f C G G y,t G G� ��x'1 Mt�e� w � y • ry r • .,a •• i �. th rah:. n •.. r. .! t•t•wA`, .iFh''t: s F•.a Hh ♦�•f ff+ •h. •t �w,h: IhR1 ��, tr wi �I w� Zoning By-law Amendment 2015-ZBA-01 Kate Marrs (Lazy Dayz) NEEMENEFOR ---M 'Notice of a Public Weling of the r Township of Oro-Medonte pursuant Section 34(12) of the Planning Act in respect to a Proposed toning By-law Amendment (2015-HA•01►. Meeting Date: Wednesday, April 1, 2015). at OP pm LocaCouncil Chambers. Admip of n. Building, 148 Line 7 South. Proposed use: out gar �;� ;::.: ......:.:.:.: .... banquets. fj i;,,. or Similar tumO;1 <!7._ _ _ Any person may write or attend to present submissions. for more miormatwn. contact the Township Planning Department Public Meeting sign posting Horseshoe Valley Road West Proud Flerirn,Qr, Fsciting Funar � ,y v� ' � "` 'e��p �; f �'� � a, + � r .r �� �F'� �.�/�� Y „9 �� { �a}; :: �8 S,� `e� Vii. �r�,k. p .�,.. 1 � 1� _. .. ..(�'� _ ++ _ _ �i �, �':: }• � • ,:iV- � ' - .r,.._ ._ _ ��4 -.... Via /iP - xa 44 Looking north Looking east Proud Heritage, Excittug Futwe -%-%,Nz. Z�-, - ; M$ �,� �:• a' rte'' 0 / f 1_ \y/ XI -I \ 'x Zoning By-law Amendment 2015-ZBA-01 Kate Marrs (Lazy Dayz) Conclusion This concludes staff's overview of the proposed Zoning By-law Amendment application. Questions or comments from the public and members of the Committee will now be heard. of ' _ edam PrunA Heritngr, Cxciting Future