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01 06 2016 Development Services Committee AgendaPage 3-17 18-31 Township of Proud Hcriterge, Excitiik Future The Township of Oro-Medonte Development Services Committee Meeting Agenda Council Chambers Wednesday, January 6, 2016 5:30 p.m. 1. Opening of Meeting: 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Adoption of Minutes: a) Minutes of the Development Services Committee meeting held on Wednesday, December 2, 2015. 5. Public Meetings: a) 5:30 p.m. Public Meeting for Proposed Amendment to the Zoning By -Law, 2015-ZBA-11, Concession 14, Part of Lot 6 (Medonte), Township of Oro- Medonte, 2028 Warminster Sideroad (Peter Strik). 6. Public Hearings: 32-52 a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager, Planning Services re: Consent Applications 2015-B-18, 2015-B-19 & 2015-B-20 by Peter Strik, 2028 Warminster Sideroad, Part Lot 6, Concession 14 (Medonte). 53-71 b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Planner, re: Minor Variance Application, 2015-A-44 (Howorth), 1651 Line 4 North, Concession 5 West Part Lot 11 RP 51 R37585 Part 1 (Oro). 72-89 c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2015-A-45 by P. & D. Overholt, Lots 33 & 34, Plan 589 (Oro). 90-104 d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Planner re: Minor Variance Application, 2015-A-48 (Porter), 1563 15/16 Sideroad East, Concession 12, Part West 1/2 Lot 16 Registered Plan, 51 R19153 Part 2. 105 - 124 e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director, Development Page 1 of 271 196 - 265 a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 2015-ZBA-01, Zoning By-law Amendment, Kate Marrs (Lazy Dayz Bed, Breakfast & Rustic Barn), 754 Horseshoe Valley Road W. 266-271 b) Report No. DS2015-136, Derek Witlib, Manager, Planning Services re: Condominium Agreement —Copeland House Phase 1 (Skyline Executive Acquisitions Inc.) Part of Lot 1, Con. 4 (Oro), Township of Oro-Medonte, Application: 2011 -SUB -03 [Refer to Item 5a) 01 06 2016 Council meeting]. 9. Communications: None. 10. Next Meeting Date: February 3, 2016. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting /Hearings Items: 12. Adjournment: a) Motion to Adjourn. Page 2 of 271 Services re: Minor Variance Application, 2015-A-46 (Eisses), 2331 Penetanguishene Road, Con 1, N Pt Lot 32, RP 51R14122, Parts 1 & 2. 125 - 143 f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director, Development Services re: Minor Variance Application 2015-A-47, C. Bergsma, 1148 Line 15 North. 144 - 157 g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2015-A-49 by N. & T. Bull, 1391 Ingram Road, West Part of Lot 6, Concession 4 (Medonte). 158 - 176 h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-50, (Baker) 81 Moon Point Drive. 177 - 195 i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Planner re: Minor Variance Application, 2015-A-42 (Clarke), 83 Lakeshore Road East, Lots 15 and 28, Plan 798. 7. Deputations: None. 8. Reports of Municipal Officers: 196 - 265 a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 2015-ZBA-01, Zoning By-law Amendment, Kate Marrs (Lazy Dayz Bed, Breakfast & Rustic Barn), 754 Horseshoe Valley Road W. 266-271 b) Report No. DS2015-136, Derek Witlib, Manager, Planning Services re: Condominium Agreement —Copeland House Phase 1 (Skyline Executive Acquisitions Inc.) Part of Lot 1, Con. 4 (Oro), Township of Oro-Medonte, Application: 2011 -SUB -03 [Refer to Item 5a) 01 06 2016 Council meeting]. 9. Communications: None. 10. Next Meeting Date: February 3, 2016. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting /Hearings Items: 12. Adjournment: a) Motion to Adjourn. Page 2 of 271 4.a) Minutes of the Development Services Committee meeting h... Township of Proud Heritage, Excitfikq Future Wednesday, December 2, 2015 Present: Mayor H.S. Hughes The Township of Oro-Medonte Development Services Committee Council Chambers Time: 5:37 p.m. Moved by Jermey, Seconded by Crawford It is recommended that the agenda for the Development Services Committee meeting of Wednesday, December 2, 2015 be received and adopted. Carried. Page 1 of 15 Page 3 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. 3. Disclosure of Pecuniary Interest: None declared. 4. Adoption of Minutes: a) Minutes of the Development Services Committee meeting held on Wednesday, November 4, 2015. i11111;; 1q1111o0004 Carried. A,h,h, 4,46,0 Page 2of15 Page 4 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. 5. Public Meetings: a) Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, 2015-OPA-01, 2015-ZBA-12, Concession 8, Northeast Part Lot 2, Southeast Part Lot 3, 3674 Line 8 North (Vinson). 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 6:20 p.m. Page 3of15 Page 5 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. 6. Public Hearings: a) Report No. DS2015-122, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-39 (Ballantyne), 2 Windfield Drive East, Concession 5, Plan M-187, Lot 36. The following correspondence was received: Allan Norman dated November 26, 2015; Bryan Davidson dated November 25, 2015; Larry and Kim Bell received November 30, 2015; Simcoe Country District School Board dated November 23, 2015. Rob Ballantyne, applicant, was present. Moved by Crawford, Seconded by It is recommended: I& qq� NL 1. That Report No. DS2015-122, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-39 (Ballantyne), 2 Windfield Drive East, Concession 5, Plan M-187, Lot 36 be received and adopted. 2. That Minor Variance Application 2015-A-39 by R. Ballantyne & K. Ballantyne, specifically to permit an accessory building with an increased floor area of 150.32 square metres (1618 square feet) and a home occupation in a detached accessory building with a floor area of 100% of the building, on lands located in Concession 5, Plan M-187, Lot 36 (Oro), Township of Oro-Medonte, known as 2 Windfield Drive East, be approved. 3. That the following conditions be imposed on the Committee's decision: a. That notwithstanding Sections 5.1.6 and 5.12 (e) 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 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. d. That notwithstanding Section 5.1.6 no more than one accessory building is permitted to be constructed in the subject property; 4. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 4 of 15 Page 6 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. b) Report No. DS2015-121, Andria Leigh, Director, Development Services re: Minor Variance Application, 2015-A-38 (Wood), 7 Alpine Drive, Concession 8, Plan 1650, Lot 86 ROW Block B. The following correspondence was received: None. Hank Nauta, Nauta Home Designs, agent on behalf of applicant, was present. Motion No. DSC151202-4 Page 5 of 15 Page 7 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. c) Report No. DS2015-119, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-18, William St. Clair, 1017 Line 8 North. The following correspondence was received: Lake Simcoe Region Conservation Authority dated November 25, 2015. No one was present on behalf of the applicant. Motion No. DSC151202-5 Page 6of15 Page 8 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. d) Report No. DS2015-124, Deborah -Ann Liske, Planner re: Minor Variance Application, 2015-A-35 (Cole), 27 Bard's Beach Road, PLAN 546 West Part Lot 6. The following correspondence was received: Simcoe County District School Board dated November 23, 2015; Nottawasaga Valley Conservation Authority received November 25, 2015. Allan Cole, applicant, was present. Larry Tupling provided comments that he had no objection to the application; he expressed concerns with the decision-making process. j& Motion No. DSC151202-6 Council recessed at 7:27 p.m. and reconvened at 7:32 p.m. Page 7of15 Page 9 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. e) Report No. DS2015-125, Deborah -Ann Liske, Planner, re: Minor Variance Application, 2015-A-41 (Braestone Development Corporation), 12 Belgian Court (Lot 31), CON 9 LOT 3 PT LOT 2 RP, 51 R21804 PART 1. The following correspondence was received: Simcoe County District School Board dated November 23, 2015. Ted Kruska, C.C. Tatham & Associates Ltd., on behalf of the applicant, was present. Motion No. DSC151202-7 Page 8of15 Page 10 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. f) Report No. DS2015-117, Adrianna Spinosa, Planner re: Minor Variance Application 2015-A-42 (Clarke), 83 Lakeshore Road East, Lots 15 and 28, Plan 798. The following correspondence was received: Simcoe County District School Board dated November 23, 2015; Township's Building Department received November 19, 2015; Lake Simcoe Region Conservation Authority dated December 2, 2015. John Clarke, applicant, was present. Donna Lerch provided concerns with respect to the impacts on views. S Larry Lerch provided comments with respect to proximity of lot lines. 4W I%L Carried. Page 9of15 Page 11 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. g) Report No. DS2015-118, Adrianna Spinosa, Planner re: Consent Application, 2015-B-33 (Barmedoro Holdings Ltd.) (Stanfred Holdings Ltd.), 2092 Horseshoe Valley Rd. W., 2109 Horseshoe Valley Rd. W., 3406 Penetanguishene Rd. The following correspondence was received: Simcoe County District School Board dated November 23, 2015. No one was present on behalf of the applicant. Page 10 of 15 Page 12 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. h) Report No. DS2015-126, Derek Witlib, Manager, Planning Services re: Consent Application 2015-B-35 and Minor Variance Application 2015-A-43 by Estate of Mary Grace Wright, 19 & 21 Pemberton Lane, Part of Lot 1, Range 1 (Oro). The following correspondence was received: Simcoe County District School Board dated November 25, 2015; Township's Transportation Department received November 201 2015; Lake Simcoe Region Conservation Authority dated December 2, 2015. Susan Wright and Cathy Southey, applicants, were present. Motion No. DSC151202-10 Moved by Coutanche, Seconded by Macpherson Carried. Page 11 of 15 Page 13 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. i) Report No. DS2015-123, Andria Leigh, Director, Development Services re: Consent Application, 2015-B-34 (Huronia Driftwood Restaurants & 933833 Ontario Limited), 56 Line 11 North & 154 Line 11 North, Con 11, Pt Lot 20. The following correspondence was received: Martin N. Rain dated December 1, 2015; Simcoe County District School Board dated November 23, 2015; Ministry of Transportation received November 26 and December 2, 2015; Lake Simcoe Region Conservation Authority dated November 26, 2015. Cameron Sellers, Innovative Planning Solutions, agent on behalf of applicant, was present. Carried. Page 12 of 15 Page 14 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. 7. Deputations: None. 8. Reports of Municipal Officers: a) Report No. DS2015-120, Andria Leigh, Director, Development Services re: Planning Status Report. Motion No. DSC151202-12 Moved by Coutanche, Seconded by Hall A& The Committee consented to permit Peter McArthur to provide comments on the application. Correspondence was submitted to staff. Page 13 of 15 Page 15 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. c) Andria Leigh, Director, Development Services re: By -Law No. 2015-210: A By-law to Constitute and Appoint a Development Services Committee and to Repeal By-law 2014- 198 [Refer to Item 5g) of December 2, 2015 Council agenda]. Motion No. DSC151202-14 Moved by Coutanche, Seconded by Macpherson Motion No. DSC151202-15 Moved by Hughes, Seconded by Jermey 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting / Hearings Items: Page 14 of 15 Page 16 of 271 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, December 2, 2015. 12. Adjournment: a) Motion to Adjourn. Motion No. DSC151202-16 Moved by Hall, Seconded by Macpherson It is recommended that we do now adjourn at 9:55 p.m. Depu Derek Witlib, Deputy Secretary -Treasurer Page 15 of 15 Page 17 of 271 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... Notice of Receipt of a Complete Application Notice of Particulars and Public Access ti Notice of Public Meeting for 01 al'e 4r�f Proposed Amendment to the Zoning By-law of the Township of oro-Medonte 2015-ZBA-11 (Peter Strik) Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, as a "Complete" Application under Subsection 34 of the Planning Act, R.S.O. 1990, c. P. 13 on the 14th day of December, 2015. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on Wednesday, January 6, 2016 at 5:30 p.m. in the Municipal Council Chambers, 148 Line 7 South. The purpose of the Public Meeting is to obtain public comments on proposed Amendment to the Zoning By-law, under Section 34 of the Planning Act. The purpose of the proposed Zoning By-law Amendment is to rezone a portion of the lands within Concession 14, Part of Lot 6 (formerly in the Township of Medonte), Township of Oro-Medonte, known municipally as 2028 Warminster Sideroad, from the Agricultural/Rural (A/RU) Zone to a Residential 1 (R1) Zone. The effect of the proposed Zoning By-law Amendment is to facilitate the creation of residential lots fronting on Warminster Sideroad. The lands are also the subject of related Consent (severance) Applications 2015-B-18, 2015-B-19 and 2015-B-20. Included with this notice are a key map illustrating the location of the subject lands and a map identifying the portion of the lands subject to the proposed Zoning By-law Amendment. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. Please be advised that your comments and submissions will become part of the public record. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Ora-Medonte before the proposed by-law is passed, the person or public body is not entitled to appeal the decision of the Development Services Committee of the Township of Oro-Medonte to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Oro-Medonte before the proposed by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. 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 applications or to arrange to view the applications should contact the Development Services Department at 705-487-2171. If you are submitting letters, faxes, emails, presentations or other communications with the Township concerning these applications, 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. Page 18 of 271 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... If you wish to be notified of the passing of the proposed zoning by-law amendment or refusal of a request to amend the zoning by-law, you must make a written request to the Township. 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 17th day of December, 2015. Andria Leigh, MCIP, RPP Director, Development Services Location Map N 0 Subject Lands Page 2 of 3 Page 19 of 271 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... Area Proposed to be Rezoned Strik Property Legend ZBA Lands Subject Property Lands to be Rezoned from A/RU to R1 ■ Municipal Boundary NJ Township of Severn N )k 0 50 100 150 � 7---111111111111111111 Metres Data Source: Land InforrraLorn Ontario (LIC), Township of ©ra• Medonle Zonir;g By-law ScheduleA.21 Copyright Oueen's Printer 2018. Map Created By Steve Aldred Plar-It Geographlral planit.barrie,ggmail.c om Projection: UTM Datum. NAI] 83, Zone 17 Date: July 10, 2015 Page 3 of 3 Page 20 of 271 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... Simicoe County District School Board 1170 Highway 26 Wept feliclhur t, Ontario LOL 1 XO December 22, 2015 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: Phone: f 728-7570 Fax: (70.9) 728-2265 - -%rv. -cd sly_ on . c ZONING BY-LAW AMENDMENT PETER STRI K 2028 WARMINSTER SIDEROAD TOWNSHIP OF ORO-MEDONTE FILE NO.2015-ZBA-11 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 current Agricultural/Rural (A/RU) Zone to a Residential 1 (r1) Zone to facilitate the creation of three (3) residential lots in the Community of Warminster. The lands are also the subject of related Consent Applications 2015-B-18, 2015-B-19 and 2015-B-20. Planning staff have no objection to the proposed zoning by-law amendment. Elementary students residing in this area may attend Warminster Public School and secondary students will be bussed to Orillia Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacek, MCIP, RPP Senior Planner Page 21 of 271 5. a) 5 3 0 p.m. Public Nlbefin4fro`dA�g{idriZA" the ... From: BARRY Sent: Tuesday, January 5, 2016 5:54 PM To: Witlib, Derek <dwitlib @ oro-medonte.ca> Subject: RE. 2015-ZBA-11 D. Witlib This is to confirm the phone conversation we had this morning concerning the application for Peter Strik 2015-ZBA-11. There was a discrepancy between the pages 1 and 3. The lot frontage did not match for lot 1. Also all sketches seem to show the lot and zoning amendment in line ( depth ) with their existing West lot which I think is a depth of 60 meters the same as the Rix lots to the West yet on their sketch showing lot one they have- it as 62.5 meters We were informed that the depth was 60 meters. I do believe their intent is to conform to the Township by-laws and maybe a mistake was made. I think this should be cleared up at the time of the meeting. otherwise I have no problem with them creating these lots. Also I would like to receive all notices put out by the Township concerning these applications that is for public viewing. Thanks Barry Rix 185 Hilltop D r. Holland Landing, on L9n 1 b8 Page 22 of 271 O � N Q � m � CD N � N � 06 O M N � O m U C) Q N Q Q 00 +r � � O � N O Q }, i Q >ICM Q m Q O � IN o U U) 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... 4-1 ge23of2 71 41 .1N "� Q ge23of2 71 n 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... w W 1�' Q ox S w rvo :I w .< W 'V N w m N 00 m O I N LO � m O N LO 0 N M 06U Q Q NC/) C� O U M a- DEC] D LU Z O � N p� LU W ~ m � �a o2 z o a �c J LL Page 24 of 271 5.a) 5:30 p.m. Public Meeting for Proposed Amendment to the ... �l w .p U rr�7r �I C.r LL� ~ l� V / W O N U ROAD Al ,ti'�INGE 1� ��, BETWEEN TOWNSHIPS OF MU ":rE AND NORTH �IIIJX M{NL1WN ASL T 0 N L I Iv �, qP .-- - - - - -- i 1 O ,,, �iLo NCDLO CL N t{f a !flit 06 t O (�rim �� W top E fit. 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E > `n � �� !E to N o � Q. � V O CM . Cn L `~a) O to >-. Cn 0 N O O } � >> < a) to CD W a) a) C: i a) < -0-a LI-- N ca O Cra) CU (L) cn (n 0 +, Cn Cj) 0 4-j M - 0 -a E 0 No C: w ��°' ��'� Ci �� U EO L- O�Na)M� a) ca a) a) •E . a)CU O O N a) cn 4-j — cn z (n N EM VJ F-- 0 5--a O CL dO �` a) U VX c) O W CU � 0 0 ^ � L �~ CL = U 0 ^ 0 0 ca M 0 O — .> �� ca Cn .— o Cn � ) Cn Q O V to 'Q to to (a � (a � (a L , � U_ '� '� '� }1 z Cn O a) cn O `•�� 0- '� '� � C w LU E O cn 0 a)to — to to to to to to to ' E U O 0 O } Q) a) .. O += a) 4-j• w w w w W 0 W —_ a) �+ �+ �+ to to + a) } + 0 O U >E+, ^' Q)a) cn M M U �+ �+ }+ } M U ^' W O 0 U a) 5� G •- �� LU � O O = C Cr 0 Page 30 of 271 O � N � m Q LO m � N o ' N � 06 O M N � OLO m U � - O Q N Q Q 00 1 �mC/� � O (D N a O -1--j � U m Q (D O U) N p U 5.a) 530�.m. Public Meeting for Proposed Amendment to the ... 0 C/) � o w M W � 1EIC.1E Xtx cn E � o c�a � - C/) x 4-- • O M 4-0 -1--j O C: C/) Cn 0,0 C UO c� U � L O c E � O o M N ca. m O ' O E Ln .C: Q o N O ca CO >lr-- O m •— m LO •- > o O O N >, N .� ca � CO E m :3 O Cn 4-- C) ~o Cn N � Q to A --j O Cn N A --j • — L-0 M Cn 9r� • v �o— N CL —� U Q •O O •C) J O � Q � Page 31 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-137 Development Services Derek Witlib, Manager Committee Meeting Date: Subject: Motion # January 5, 2015 Consent Applications 2015-8- 189 2015-8-19 & 2015-8-20 b Peter Strik y 2028 Warminster S ideroad Roll #: 4345-020-004-19100 R.M.S. File #: D 14-49425 Part Lot 5, Concession 14 donte) _ Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-137 be received and adopted. 2. The Development Services Committee grant provisional consent to Consent Applications 2015-B-18, 2015-B-19 and 2015-B-20 to sever 3 lots, each possessing a frontage of 32.5 metres and a lot area of 2,031.25 square metres for proposed single detached residential uses, together with an easement for drainage 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 parcels severed, for review by the Municipality; c) That the applicant apply for and obtain approval of a Zoning By-law Amendment to rezone the lands to a Residential 1 (R1) Zone; d) That the applicant submit a hydrogeological assessment to the satisfaction of the Township; e) That the applicant's conceptual Drainage Plan by Dearden & Stanton Ltd. be revised to the satisfaction of the Township; f) That the applicant verify to the satisfaction of the Township than any livestock buildings on the retained lands comply with the Minimum Distance Separation (MDS 11) with respect to new lot creation, or verify to the satisfaction of the Township that the agricultural buildings have no potential for housing livestock. Development Services January 5, 2015 Report No. DS2015-137 Page 1 of 10 Page 32 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... g) That the applicant implement the requirements, if any, of the Nottawasaga Valley Conservation Authority. h) That the applicant dedicate to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash -in -lieu of a parkland contribution pursuant to subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13.; i) That the applicant pay $9,302.74 for each of the three (3) lots created as a pro- rated fee for upgrades to the municipal water system in the Warminster settlement area; j) That all municipal taxes be paid to the Township of oro-Medonte; k) That the certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and 1) 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 consent Application is to consider the creation of 3 new single detached residential lots. The lands proposed to be severed are shown on the applicant's sketch and are proposed to possess frontages along Warminster Sideroad of 32.5 metres (100.5 feet) and lot areas of 2,031.25 square metres (0.5 acres). The lands proposed to be retained would possess a frontage of 220.75 metres (724.2 feet) on Warminster Sideroad and a lot area of 19.43 hectares (48 acres). The applications also propose an easement, approximately 5 metres wide, across the northerly portion of all the lots, for future drainage purposes in accordance with the Conceptual Drainage Plan that was submitted with these applications. These lands are also the subject of a related Zoning By-law Amendment application (2015-ZBA-1 1) which proposed to rezone the lands to be severed, as well as a portion of the retained lands, from the Agricultural/Rural (A/RU) Zone to the Residential 1 (R1) Zone. The purpose of the Zoning By-law Amendment is to ultimately facilitate the creation of a total of 9 single detached residential lots (including the 3 lots that are the subject of the current Consent applications), all fronting onto Warminster Sideroad. The lands to be severed are located on the north side of Warminster Sideroad and on the west side of Town Line. The lands are vacant of buildings and structures and appear to be used for agricultural purposes. The retained lands appear to be used for agricultural purposes and include a dwelling and agricultural buildings, one of which os a barn that may have the potential to house livestock. Development Services January S, 2016 Report No. DS2015-137 Page 2 of 10 Page 33 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... Analysis: See "Policies/Legislation" below. Financial 1 Legal Implications 1 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 PPS requires the development comply with the Minimum Distance Separation (MDS) Formulae for separation distances between livestock facilities and new lots. Sincere there is a barn on the retained parcel that may have the potential to house livestock, the applicant is required to demonstrate compliance with MDS ll, either by supplying a favourable MDS 11 calculation or by verifying that the building is no longer capable of housing livestock. Since the proposed development would result in the creation of residential lots within a settlement area (Warminster), the proposed Consents are considered to be generally consistent with the Provincial Policy Statement 2014. Growth Plan for the Greater Golden Horseshoe 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 ...". Since the proposed development would result in the creation of residential lots within a settlement area (Warminster), the proposed development is considered to maintain the general intent of the Province's Growth Plan. County of Simcoe official Plan Pursuant to Schedule 5.1 of the county's official Plan, Warminster is identified as a "Settlement" in the Township, the boundaries of which Section 3.5.4 of the County's Official Plan states "are shown in local municipal official plans and are considered to be Development Services January 6, 2016 Report No. DS2015-137 Page 3 of 10 Page 34 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... the approved settlement area boundaries of this Plan." 1n that regard, Section 3.5.12 states that "[in] Settlement Designations, subdivision may occur ... by consent." Additionally, Section 3.3 of the County's official Plan contains "General Subdivision and Development Policies", and Section 3.3.3 requires that "[lots] may be created only where they have access to and frontage on a public highway ...". It is the opinion of Development Services Staff that this application conforms to the County official Plan. However, since the County's comments have not been received as of the preparation of this report, it is recommended that the Committee have regard for any comments that may be received prior to the Committee's decision. Township official Plan The subject lands are designated Rural Settlement Area in the Township's official Plan, and Section C3 policies related to the use and development of land in this designation. Specifically, Section C3.2 of the official Pian states that "Permitted uses in [this designation include] ... low density residential uses ...". Beyond this provision, Section C3 of the official Pian is silent with respect to the severance of land in the Rural Settlement Area of Warminster within which the subject lands are located. It is noted, however, that Section A5 of the official Pian contains provisions related to the Township's "Servicing Strategy" and states that "[servicing] in Warminster ... is by municipal water system and private septic systems ...". On this basis, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2.2.1 of the Township's official Plan, in evaluating the proposed application for consent. These policies and Staff's comments are provided below: Section D2.2.1 -- Subdivision of Land policies Section D2.2.1 of the official Plan contains test for the creation of a new lot by way of Consent. In particular, this section states "... the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a] Fronts on and will be directly accessed by a public road that is maintained year round basis: The proposed retained lot and each of the three proposed severed lots would have frontage on a public road maintained by the Township on a year-round basis. b] Does not have direct access to a Provincial Highway or County Road, unless the Province or the county supports the request; Neither the lands to be retained nor any of the lands to be severed have direct access to a Provincial Highway or a County Road. c) Will not cause a traffic hazard; The subject applications were circulated to Transportation Staff for the Township, who have not provided comments as of the preparation of this report. The committee should have regard to any Transportation comments that may be received. Development Services January 6, 2016 Report No. DS2015-137 Page 4 of 10 Page 35 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible ►with adjacent uses; The subject lands are proposed to be rezoned to the Residential one (111) Zone in the Township's Zoning By-law 97-95. Table B1 of the Township's Zoning By-law requires that a Residential one (R1) Zoned lot have a Minimum Lot Frontage of 30 metres, and a minimum lot area of 0.2 hectares. He proposed severed and retained parcels, if rezoned, would have adequate size and frontage in accordance with the Township's Zoning By- law. Similarly, since the proposed severed lands are located within the Warminster settlement area and will be surrounded by existing residential uses, with lots of similar sizes and frontages, the proposed development would be considered compatible with the uses taking place on adjacent lands. e) Can be serviced with an appropriate water supply and means of sewage disposal; Official Plan Section A5.2 — Servicing in Settlement Areas, states that servicing in Warminster is by municipal water systems and private septic systems in accordance with and that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. And where more than five lots are proposed, this would be confirmed by a hydrogeological assessment prepared by the applicant to the satisfaction of Council and the appropriate agencies. Since the applicant's related Zoning By-law Amendment Application 2015-ZBA-11 will proposes to ultimately facilitate the creation of 9 new lots, a hydrogeological assessment by the applicant will be required. Since the applicant's proposed lot sizes are consistent with the sizes of other recently created lots in the area (which also required a hydrogeological assessment), there is potential for the required hydrogeological assessment will be favourable. With respect to water supply, the Township executed a cost sharing agreement in 2012 with respect to the development lands in Warminster and the municipal water system. Pursuant to that agreement, each lot is required to pay $9,302.74 for water system upgrades, as well as require a water meter and a trench inspection. Therefore, subject to the further consideration of these applications, it would be recommended that conditions of provisional consent on each application include the requirement for the payment of $9,302.74 per lot, for upgrades to the municipal water system in Warminster. The requirement for the water meter and trench inspection would not be imposed as conditions of provisional consent but rather would be addressed at the time of building permit construction. f) Will not have a negative impact on the drainage patterns in the area; The applicant has supplied a conceptual grading plan for all 9 future lots. This plan (Conceptual Grading Plan, Dearden & Stanton Ltd.) has been reviewed by the Staff and is found to be generally acceptable, subject to some revisions. Detailed engineered lot grading would be required at the individual building permit stage. Development Services January 6, 2015 Report No. DS2015-137 Page 5 of 14 Page 36 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; As proposed, the lands to be retained and respective lands would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The severed and retained parcels are subject to areas that are regulated by the Nottawasaga Valley conservation Authority (NVCA). No comments have been received from the NVCA as of the preparation of this report and the Committee should have regard to any comments that may be received. Staff has recommended as a condition of consent that any requirements of the NVCA be implemented by the applicant. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; As stated earlier, a hydrogeological assessment will be required. 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. Financial Stewardship — "To continue to improve value received in the expenditure of tax dollars as well as maintaining a financial position that is fiscally sound for the Township." Consultations: • Township Departments • county of Simcoe --- • Nottawasaga Valley Conservation Authority — Development Services January 6, 2016 Report No. DS2015-137 Page 6 of 10 Page 37 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... Attachments: Schedule 1: Location Map Schedule 2: Applicant's Consent Sketch Schedule 3: Applicant's Conceptual Drainage Plan Conclusion: Planning Staff recommends that Consent Applications 2015-B-18, 2015-B-19 and 2015- B-20, be approved, subject to the recommended conditions of consent, for the reasons that the applications comply with the provisions of the zoning by-law, generally conforms to the Places to Grow policies, the official Pians for the County and the Township, and to the Provincial Policy Statement, 2014. Respectfully submitted: Derek Witlib, MCIP, RP Manager, Planning Services SMT Approval I Comments: Development Services January 6, 2016 Report No. DS2015-137 Page 7 of 10 Page 38 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... Schedule 1: Location Map -- Subject Lands N r r 1 2 Subject Lands Development Services January 6, 2016 Report No. DS2015-137 Page 8 of 10 Page 39 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... Schedule 2: Applicant's Sketch Development Services January 6, 2016 Report No. DS2015-137 Page 9 of 10 Page 40 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... Schedule 3: Applicant's conceptual Grading Plan _ "ROAd _ _ _-ACLOWANCC k14" BETWEEN f6WN5HIP5 O- MEDONiE AND NORTH ORILLIA #Nowt€A5 W �a T OW --,.NL E - vlV-Y ;=.:r-v�y-Y........-�w��^yr�iCGS�............. _._-.... ---•- ____ 4,•' «u UM; }i t =3: _..� ::V hagx r ^1at 24 I r I` a i i _ a t r iu - 8 i I �� g �� S >uw-a F 'a i :Egp _ S I lr[od is LlZ =. ..�.�:. 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Ontario LOL 1X0 December 22, 2015 Ms. Andria Leigh, MCIP, RPP Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of Oro-Medonte LOL 2E0 Dear Ms. Leigh: P ho n e : f 705) 728-7570 Fax- (70 5) 72 8-2 265 w. scdsb, ori , ra CONSENT APPLICATIONS B-18, B19 & B20 2015 PETER STRIK 2028 WARMINSTER SIDEROAD TOWNSHIP OF ORO-MEDONTE Thank you for circulating a copy of the Consent Applications and supporting information for the above -noted property to this office. The applications are for a consent to sever three (3) residential lots for proposed single family detached residential use in the Community of Warminster. Planning staff have no objection to the proposed Consent Applications. Elementary students may attend Warminster Public School and secondary students may attend Orillia Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacek, MCIP, RPP Senior Planner Page 42 of 271 6.a) 5:40 p.m. Report From: BARRY Sent: Tuesday, January 5, 2016 5:54 PM To: Witlib, Derek <dwitlib @ oro-medonte.ca> Subject: RE. 2015-ZBA-11 D. Witlib This is to confirm the phone conversation we had this morning concerning the application for Peter Strik 2015-ZBA-11. There was a discrepancy between the pages 1 and 3. The lot frontage did not match for lot 1. Also all sketches seem to show the lot and zoning amendment in line ( depth ) with their existing West lot which I think is a depth of 60 meters the same as the Rix lots to the West yet on their sketch showing lot one they have- it as 62.5 meters We were informed that the depth was 60 meters. I do believe their intent is to conform to the Township by-laws and maybe a mistake was made. I think this should be cleared up at the time of the meeting. otherwise I have no problem with them creating these lots. Also I would like to receive all notices put out by the Township concerning these applications that is for public viewing. Thanks Barry Rix 185 Hilltop D r. Holland Landing, on L9n 1 b8 Page 43 of 271 O � N Q � m � CD N � N � 06 O m N � O m U C) Q N Q Q 00 +r � � O � N O Q }, i Q >ICM Q m Q O cn N o U 0006�� U) %%M.0.00 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... ' y .. ��_;a �� • �4��'. � �'r �f � 4sx Ye rid �`' ' •(�; � `-� • o- .. � i 3. Ste, k 12: MELk� e ly � 204.4 Od 4-1 U .L Q cn cn g e 44 of 2 71 n 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... C> El pis! y 1 p w rvo w w cl, N 0 w m N 00 m O I N LO � m O N LO 0 N M 06U Q Q NC/) C� O U 0 lift z Q EnU) M a- DEC] D LU Z O � N p� LU W ~ m � �a o2 z o a �c J LL Page 45 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... �l ;:11 w .p U rr�7r �I C.r "Q' LL� ~ l� V / W O N UM{NL1y�Ad -'NWCE if dl. BETWEEN IOWNSHIPS OF M [ �E AND NORTH Of�0.lJX N ASL �i 0 N L I IV �, qP .-- - - - - -- i 1 O ,,, �iLo NCD "i7 . a . ! /56k 4117 qr� 06 O }r I ■" C) rim O m �� . I 1i top E CM ■ O N co -.;WIDE •� � Ir I � ��ai`� �*t Y I ilk a� I •,�$ � - .r+.«.r war M � �- C� •– — r rim LOrye C) fill Poll r . , 9 � I, • V) y 1 10 it Y s I O •- ClirF,114 x. E !! ♦♦^^il V, ---------- --- icn. y r cn C) - airy ■ ■irea { r p r CL N o CL U a� Page 46 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,St ... c U) Page 47 of 271 15-137, Derek Witlib, E, Page 48 of 271 Manager, ... O � N � m Q L-ij m 9r� N o ' N � 06 O (3) N � O m m LO U 9T" — O Q N Q Q 00C) 1 � N a O m U m Q O U) p N U "37, Derek WiVib, Manager,... v St S ,p U ?S W Page 49 of 271 O � N Q LO m � No ' N LO 06 O m N C- oco cu LO� •V O CL � N Q 00 O Cn E LD 0 T" C: c) O N Ec- < •O m m •U m C: C' C: 0 O cn C� N O U 6.a) 5:40 p.m. Report No. DS2015-137, Derek Witlib, Manager,... S GL k r � � Page 50 of 271 6.a) 5:40 p.m. Report No. DS2015-137, Derek V L 0 L) to _ O 0 o O � O '> O u � O U Q cm a) E m O a a) L m }' W O � N 0 co 0 U � N a) L Lr - a) N N LE 0 E U- O 0) U 'N N � N . cn 0 W cn cn O O U U 4- 4- 0 0 U_ 0 ^L' L a) U o0 U -a NCO �[ Page 51 of 271 Manager, ... L cn E W O cn O 0 N -0-1 � N o 0 0 N a m pN� }' LN �NLO O O 0 �-j CDL- co 1 N a) V- ca 4 O ._ E cn 06 N }' a) O cn cn 4-jcn N a) Uto Q L U m cn L N 4-j O O p p7 Ecn cn n � 0 rn CU }' r m a) 0 � N 0 U)Oc 0 CO a) O m •E a 1 Ln cn O 1 1 r O Ln -0 a a) L Q LO N N Cl) m N r p .. o0 to N co co cn M � LO o m M c � ca 0 cn 0 O m= z j U 0 m a) �� E o •L N p7 L� L O C� 0 Nay}, to � � � 1 CD p C O 0 m N 0 CO °� ca cu4-1 1 � z � O � � � E U . _ o p 'a a 0O.L CU m N N4 a- a) to aQ. a) L � 0 O N N 0- < 0 ' 'm .� — E in 0- L ca a- a) +r OM O O VJ a),� U E m O 4-j CL C) � cn a) 1 ��0. E a) cn :3U E 0 U E LDO Q m a) 0 CU O ~ E a) to L Q a 'V O N z W cn cl cn N cn E ca ca ca m ca m m O L? cn v, � O (� z U a� N +r to 4--+ O C: 4-j_ � }+ a) L) C) •0 � 00 0 0 � ' >O 1 Q V M cn L `� a) L ^to I..L m Q z — CL 0 a a) � W L- V♦0 rQD a)§..a 4-- O 0 O N C: 0 W EEa� U E��_' L-cn a) C/)Cj '�_ �' 'E v_ aa)i '� z �n F— O L o a) I L L �' o ca 0 .Cn o C) V) � L%� tl z a) cn�O f) p Ca) W E 0 cn U 0 O U N c/j 0 E O> O N E C:E 0 M 0 UCli 0 m�c� W 00=c co c0 OU m Derek V L 0 L) to _ O 0 o O � O '> O u � O U Q cm a) E m O a a) L m }' W O � N 0 co 0 U � N a) L Lr - a) N N LE 0 E U- O 0) U 'N N � N . cn 0 W cn cn O O U U 4- 4- 0 0 U_ 0 ^L' L a) U o0 U -a NCO �[ Page 51 of 271 Manager, ... cn E W U N N -0-1 � .-. cn L N a .> .� U cn N to LN ?� 0 'U ' O 0 �-j cn N N E N a) > O � cn O O O '0 N 4-j cn cn 4-jcn N a) Uto Q L U m cn L N 4-j O O p 0 n � 0 rn CU }' L L C = L 0 _O } 0 0 � N 0 U)Oc 0 CO a) o VJ ^ U }' Q N N E o a) > o OU O Oj to M cn E cn a) O J to Q n a) 0 N }, OCU o m M c � ca 0 cn 0 O m= z j U O � O� O °� N U)p � O � O j0 � .� N 4- N LO N 0 � - L- o 0 m O to E a) � 0 }� p •� Q to o U L O a) >, • cn � 0 ._ '� cn � . cu -0 0 > cn � :3 CU 0 to C: cn }' cn cn E 0O.L CU m N N4 Oa) a) C—•U � cr� cn -j � 0 O N N 0- ♦-j ^ ' 'm M -C � 4-j0 Na) O }, L ca a- a) +r OM O O VJ a),� U E m O 4-j U ca + a7 0E �-0 0 0- � 0 >' E a) cn :3U E 0 U o M cn m cn CU cn mCU U CU (a CU (a (a U U U _V U L U L Q a 'V ca ca ca m ca m m ' +r to +r +r +r +r +r N +r to to to to M= to +r to � a) Derek V L 0 L) to _ O 0 o O � O '> O u � O U Q cm a) E m O a a) L m }' W O � N 0 co 0 U � N a) L Lr - a) N N LE 0 E U- O 0) U 'N N � N . cn 0 W cn cn O O U U 4- 4- 0 0 U_ 0 ^L' L a) U o0 U -a NCO �[ Page 51 of 271 Manager, ... O � N � m Q LO m � N o ' N � 06 O m N � OLO m U � - O Q N Q Q 00 1 �mC/� � O (D N a c: O -1--j � U m Q N O U) N p U 6.a) 5-.40Z.mcn Report No. DS2015-137, Derek Witlib, Manager,... oco 0 � lElc L � .1 E Xt cn E 0 - C/) x 4-- • O m 4-0 -1--j O C: C/) U) 0'0 c UO c� U � L O c E � O o m N ca. m O ' O E Ln .C: Q o N O ca CO >lr-- O m •— m LO •- > o O O N >, N .� co E m :3 O Cn 4-- C) ~o c N � Q to +� O cn NL -0 • — cn 9r� • v �o- N CL —� U Q •O O +� •C) J O � Q � Page 52 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Report Township of ffj"&nj ez Proud .heritage, Exciting Future Report No. To: Prepared By: DS2015-134 Development Services Deborah -Ann Liske Committee Planner Meeting Date: Subject: Motion # January 5, 2015 Minor Variance Application 215-A-44 (Howorth) 1551 Line 4 North Roll #: R.M.S. File #: 4345-010-002-25452 Concession 5 West Part Lot D13-049881 11 RP 51 837585 Part 1 oro Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-134 be received and adopted. 2. That Minor Variance Application 2015-A-44 by Cass and Ruth Howorth, specifically to permit a detached accessory building in the front yard with an increased height of 4.7 metres (15.42 feet) on lands located Concession 5, West Part Lot 11, Registered Plan 51 R37585 Part 1(Oro) Township of oro-Medonte, known as 1651 Line 4 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.3 and 5.1.4 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 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 Report No. DS2015-134 January 6, 2016 Page 1 of 8 Page 53 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Background: The subject property is located at 1651 Line 4 North. The lot is 2.03 hectares (5.03 acres) and currently supports a 204.38 square metre (2,200 square feet) single detached dwelling with an attached three car garage. The applicant proposes to construct a 69.86 square metre (752 square feet) detached accessory building on the subject property. The property is Zoned Residential one in the Township's Zoning By-law and the applicant is requesting the following relief from Zoning By-law 97-95: 1) Section 5.1.3 a) Permitted location of a detached accessory building Required Proposed Detached accessory building shall To construct a detached accessory not be located in front yard building in the front yard 2) Section 5.1.4 -Maximum height for detached accessory building Required Proposed Maximum 4.5 metres 4.7 metres (14.7 feet) (15.42 feet Analysis: Provincial Policies The policies of the Growth Plan for the Greater Golden Horseshoe have been reviewed and do not affect in the context of the proposed development. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Sections: 1,1.3 - Settlement Areas, 1.1.4 - Rural Areas apply to this application. These sections have been reviewed and Staff is of the opinion that this application is consistent with the policies in the PPS. Does the variance conform to the general intent of the official Plan? The subject lands are designated Rural Settlement (Edgar) and Agriculture in the Township's official Plan. Pursuant.to the policies of the Plan, permitted uses in the Residential designation and Agricultural designation include single detached dwellings and, by extension, accessory buildings to those dwellings. Based on the above, the requested variance conforms to the official Plan. Development Services January 5, 2016 Report No. DS2015-134 Page 2 of 8 Page 54 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Does the variance conform to the general intent of the Zoning By-law and is the the variance appropriate for the desirable development of the lot?? The subject property is zoned Residential one Zone (R1) 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 the Zoning By-law to permit the construction of a detached accessory building in the front yard and an increase in the permitted maximum height. The Zoning By-law does not permit detached accessory buildings to be constructed in front of a dwelling for properties zoned R1. The By-law's intention to restrict the location of a detached garage is to ensure that the dwelling remains the primary focus from the streetscape. 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 204.38 square metre (2,200 square feet) which is larger than the proposed accessory building. Further, based on the proposed use of the building as a garage, 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, as the single detached dwelling and the location of the proposed detached garage are not visible from Line 4. Additionally, there is a vegetation buffer located along the interior property lines, abutting the neighbour's property, which assists with providing privacy elements. 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. Financial 1 Legal Implications 1 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 Development Services January S, 2016 Report No. DS2015-134 Page 3 of 8 Page 55 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... • 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 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: Transportation Services Division: Building Division: County of Simcoe: Nottawasaga Valley conservation Authority: Simcoe county District School Board: No objection Simcoe county Catholic District School Board: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Applicant's Floor Plans Schedule 4: Applicant's Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2015-A-44 be approved subject to the identified conditions, specifically, to permit the construction of a detached accessory building in the front yard with an increase of the maximum height on the basis that the application meets the four tests of the Planning Act. Development Services January 6, 2016 Report No. DS2015-134 Page 4 of 8 Page 56 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Respectfully submitted: Deborah -Ann Liske Planner SMT Approval /Comments: Schedule 1: Location Map 2015-A-44 (Howorth) Reviewed by: Derek Witlib, MCIP, RPP Manager, Planning Services } e i s,j ,y •,4 y�F �,} ■ { � s e � trd � /�f' � �� r' � ✓ e „{ ell/ g ., r f�. 4 .j ~S z} l i �E -�� Subject Lauds .r 4, Development Services Report No. DS2015-134 January 6, 2016 Page 5 of 8 Page 57 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Schedule 2: Applicant's Site Plan 2015-A-44 (Howorth) pt • It 4L t Iw I IN Development Services Report No. DS2015-134 January 6, 2016 Page 6 of 8 Page 58 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Schedule 3: Applicant's Floor Plans 2015-A-44 (Howorth) 1,4+ ft -em rid"•►+fiew •n�{- m rr...,u u arrr�e�...,r--►� W. -41ma top_w ^err a s� c iscrrnw„nt "d £.yk k r100 fop. aver+ z uN.su+ I.wxt 33 DOS 13 M3 r Or,�i.+r-g FAQ" Development Services January 6, 2016 Report No. DS2015-134 Page 7 of 8 Page 59 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Schedule 4: Applicant's Elevation Drawing 2015-A-44 (Howorth) _4,A Lit LL. in Development Services January S, 2016 Report No. DS2015-134 Page 8 of 8 Page 60 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... Simcoe County Distdct School Board 1170 Highway 26 West Midhurst. Ontario LAL 1X0 December 21, 201 Mr. Derek vitlib Deputy Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of oro-Medonte LOL 2EO Dear Mr. Iitlib: Prone: (705) 728-7570 F= (705) 728-2265 WWW. MINOR OI P I KE APPLICATION 2015-A-44 C SS & RUTH HOWORTH TH � 1651 LAVE 4 NORTH TH TOWNSHIP OF OI O- IIEDOI TE Thank you for circulating a copy of the Minor Variance Application and supporting information for the above -noted property to this office. The owner proposes to construct detached accessory building (garage) on the subject property. The applicant requests a variance to the following Sections of ZoningBy-law 97-95: Section 5.1.3 a — Permitted location of a detached accessory building to be located in the front yard: Section 5.1.4 — Maximum height for a detached accessory building from 4.5 metres to 4.7 metres. Planning staff have no objection to the proposed minor variance. Elementary students may attend Guthrie Public School and secondary students may attend Eastview Secondary School. Should you require additional Information, please do not hesitate to contact the undersigned. Yours truly, 14 Holly Spaces, ACIP, IPP Senior Planner Page 61 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... From: Leppington, Bobbi Sent: Wednesday, December 23, 2015 12:33 PM To: Falconi, Teresa <tfaIcon i@oro-medonte.ca> Subject: RE: Notices of Public Meeting - 2015 -A -4412015-A-45, 2015-A-46, 2015-A-47, 2015-A-48, 2015- A-491 2015-A-50 2015-A-44 Howorth — maintain 16.5' to leaching bed Bobbi Leppington Chief Building Official Township of Oro-Medonte Page 62 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... From: Logan Juffermans [mailto:ljuffermans@nvca.on.ca] Sent: Wednesday, December 23, 2015 3:46 PM To: Witlib, Derek <dwitlib@oro-medonte.ca>; Falconi, Teresa <tfaIcon i@oro-medonte.ca> Cc: Timothy Salkeld <tsalkeld@nvca.on.ca> Subject: NVCA Comments: Notices of Public Meeting - 2015-A-44, 2015-A-46, 2015-A-47 Good afternoon Mr. Witlib, Please find attached the NVCA comments for the upcoming public meeting on Wednesday January 6t", 2016. • 2015-A-44 (Howorth); NVCA staff have reviewed these minor variances to permit a proposed garage and note that the structure will occur outside of the NVCA regulated area, we have no objection to this approval. If you have any additional questions do not hesitate to contact me directly. Thank you for your consideration and have a wonderful holiday break. Kind regards, Logan Juffermans I Planning Assistant Nottawasaga Valley Conservation Authority 81958th Line, Utopia, ON LOM 1TO T 705-424-1479 ext. 244 F 705-424-2115 Ijuffermans@nvca.on.ca nvca.on.ca Page 63 of 271 :50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... y • N I." AL s c 0 — c c a� cn — � . ca � O cncn OR O PJg9c4 of 2 71 ..A . orah-Ann Liske, Pla... :�� TO �fy qw ■ 53 T � El �y _^ St hy N « v « 44 , 6 —� N Page 65 of 271 r' • � p i • a�� "6.. � N 0 f. f w— } N Page 65 of 271 4— 0 � N 0 (1) U L.Em> cn 0 C) cn � czcn (D C: 0- C:0 0 CZ05:9)0 N Page 65 of 271 4— � N 0 ui cn cn � 2 N Page 65 of 271 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann w ;:11 .p U �S Its .St r1 It Q LO O CN w 0 A-00 n 1 A -0 M A-0 0 0. Page 66 of 271 Liske, Pla ... 6.b) 5:50 p.m. Report No. DS2015-134, Deborah -Ann Liske, Pla... 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O O L E w O — — � L +� � a) •— � CU ° U 0 ._ 4-a cm E c: O C: 4-1 U O C: '— E E 'E ._ O O ._ O U O.° N cn Q U O)c E � :3 � � O _0° .— O U tea) � a)C: cu -a 0 2 cn C:_a ._ C cn 0 ._ ._ c/) O >% O O CL O c,rj c� O �_o L � ° = a) M > ° sz � -�-j CL M O0 L_ CL C L CL � a) i O ° O �Uo E O M M 0-0 M o ° a� E .C: Jc -C cn -C L C: 0- M _C: (� 4-1 O 4—+ Page 71 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... 109wnship� f Report (WGz Proud Heritage, Exciting Future Report No, To: Prepared By: DS2015-139 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # January 6, 2016 Minor Variance Application 2015-A-45 by P. & D. Overholt Lots 33 & 34, Plan 589 (oro) Roll #: 4346-010-009-59000 R.M.S. File #: D13-49978 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-030 be received and adopted. 2. That Minor Variance Application 2015-A-45 by P. & D. Overholt, specifically to permit: 1) a maximum driveway width of 60% of the lot frontage; and 2) a minimum northerly interior side yard setback of 1.5 metres for a driveway, 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 the proposed development of the lands shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, Driveway Entrance Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of 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 3 -car garage. Development Services January 6, 2016 Report No. DS2015-139 Page 1 of 7 Page 72 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... 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: Section 5.20 — Parking Area and Driveway Regulations: These lands are also the subject of Minor Variance Application 2015-A-13 which was approved on July 15, 2015 to permit variances to the front yard, rear yard, side yard and dwelling first floor area with respect to the proposed dwelling. Analysis: Provincial Policies and County official Plan 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: 0 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 Development Services January 6, 2016 Report No. DS2015-139 Page 2 of 7 Page 73 of 271 Required by Zoning By-law Proposed by Applicant Section 5.20.2.2 Maximum 30% 50% of Lot Frontage Width of Driveways of Lot Frontage Section 5.20.2.3 Minimum 3 metres (9.8 ft.) 1.5 metres (5 ft.) from Setbacks for Driveways from Interior Side Lot Line Northerly Interior Side Lot Line These lands are also the subject of Minor Variance Application 2015-A-13 which was approved on July 15, 2015 to permit variances to the front yard, rear yard, side yard and dwelling first floor area with respect to the proposed dwelling. Analysis: Provincial Policies and County official Plan 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: 0 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 Development Services January 6, 2016 Report No. DS2015-139 Page 2 of 7 Page 73 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... 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 agpropriate 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 Zoning By-law regulates the setback and width of driveway in order to ensure that: 1) there are no traffic or drainage conflicts with other driveways or adjacent properties; and 2) to achieve a residential streetscape that is not dominated by driveways. Planning Staff is of the opinion that in this case the proposed driveway width is appropriate for the form of development that was the subject of the previously approved minor variance (Application 2015-A-13) and which included the proposed 3 -car garage in the sketches that were submitted and which form part of the previous minor variance decision. The width of the proposed driveway will not detract from the appearance of the neighbourhood or the street in the context of the overall proposed re -development of the lands, which Staff believes will be a general improvement to the neighbourhood over the current development on the lands. Formal comments have not been received from the Township's Transportation Department as of the preparation of this report, Transportation Staff had previously attended the site and advised the owner of the Township's driveway standards and the requirement for the owner to obtain the required driveway entrance permit from the Township. The committee should have regard to any comments that may be received from the Transportation Department prior to the Public Hearing. 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. Financial 1 Legal Implications 1 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. Development Services January 6, 2016 Report No. DS2015-139 Page 3 of 7 Page 74 of 27 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... 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 Plan • Township of oro-Medonte official Plan • Township of oro-Medonte Zoning By-law No. 97-95, as amended 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. Consultations: • Township Departments - • Lake Simcoe Region Conservation Authority — • School Boards — SCDSB no objection Attachments: Schedule #1 A & 1 B: Location Map & Aerial Photo Schedule #2: Site Plan Schedule #3: Front Elevation Drawing Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-45 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 PP Manager, Planning Services SMT Approval /Comments: Development Services January 6, 2016 Report No. DS2015-139 Page 4 of 7 Page 75 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... Schedule 1A: Location Clap Schedule 1 B: Aerial Photo Development Services Report No. DS 1 -13 Januarr 6, D1 Page 5 of 7 Page 76 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... Schedule 2: Applicant's Site Plan ev A-xS 4Y -vt; oV Development Services January 6, 2016 Report No. DS2015-139 Page 6 of 7 Page 77 of 271 xr Ale py 10� We /S, 4Z2 V _4 is �f S AverMF 7. ALM= - _4411004 Development Services January 6, 2016 Report No. DS2015-139 Page 6 of 7 Page 77 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... Schedule 3: Front Elevation Drawing Development Services January 6, 2016 Report No. DS2015-139 Page 7 of 7 Page 78 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... Simcoe County District School Board 1170 Htgnway Zs wen Midhurst Ontario LAL 1X0 i December 21, 201 Mr. Derek Ilitlib Deputy Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of oro-Iledonte LL 2E Dear Mr. I itlib: Phone: 0 728-7:70 Faic ("708) 728--2265 www.scdsb,on.a MINOR OR ARIANCE APPLICATION 2015-A-45 P 01v- - P ULETTE & DOUGLAS O ERHOLT 224 LAI ESHORE ROAD EASE' TOWNSHIP OF ORO -II EDONTE Thank you for circulating a copy of the Minor Vadence Application and supporting Information for the above -noted property to this office. The owner proposes to construct a single detached dwelling (replacing an existing dwelling) on the subject property. The applicant requests a variance to the following Sections of Zoning Ey-lair 97-95: Se tlon 5,20 — Parking Area and Driveway Regulations: ulations: Section 5.20.2.2 — Maximum width 0% of Lot Frontage increased to % of Lot Frontage. Section 5.20.2.3 — Minimum setback for Driveways from Interior Side Lot Line reduced from 3 metres to 1.5 metres. Planning staff have no objection to the proposed minor variance. Elementary students may attend Guthrie Public School and secondary students may attend Eastview Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Space, ACIP, RPP Senior Planner Page 79 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... From: Ball, Jerry Sent: Wednesday, December 23, 2015 3:04 PM To: Leigh, Andria <aleigh(aoro-medonte.ca> Subject: FW: Notices of Public Meeting - 2015-A-45 Overholt A-45 : They have requested a 24m driveway we would require it to be a 12m driveway. Page 80 of 271 \1 6. c) 6:00 p.m. Report No. DS2j015^q 39, Derek Witlib�anaLake Simcoe Region' J conservation authority �`�� SOC ��`�'`'� • �`A-�' A Watershed' for Life Sent By email: dwit�ib@oro-medonte&q January 5, 2016 File No: 2015-A-45 IM S File No. PVOC1598C2 Mr. Derekwitlib Manager, Planning Services Township of Oro-Medonte 148 Line-. 7 S aro-Medonte, ON LDL 2EO Dear Mr. witlib: Re: Application for Minor Variance 2015-A-45 224 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 purpose and effect of this application is to allow relief from the following Sections of Zoning By-law 97-95: • Section 5.20.2.2 - to allow for 60% lot frontage for the width of the driveway, whereby the by-law requires a maximum 30% lot frontage • Section 5.20.2.3 - to allow for 1.5 metre side yard setback for the driveway, whereby the by-law requires a minimum 3 metre side yard. setback. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake' Simcoe Protection Plan (LS P P), and 0ntarlo Regulation 179/06 under the Conservation A u thorities A ct. Based on our review of the submitted materials we are satisfied from a watershed management perspective that this application is consistent with the Natural Heritage and Natural Hazard Policies of the Provincial Policy Statement (PPS), conforms with the requirements of the LSPP, and Ontario Regulation 179/06 of the Conservation Authorities Act. As such, the LSRCA has no further requirements as they relate to this Application for Minor Variance. 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, 1 k 111111111111111111111111111111111111111111111111111111111 1111111111 isa-Beth Bulford, M.Sc. Development Planner LBB/ph S:\Planning and Development Services\Planning Act\Planning Act Applications\Oro-Medonte\141338 224 Lakeshore Road E\05-0-1-2016 Bulford Oro Medonte 224 Lakeshore Road East -2015-A-45 PVDC1598.docx 120 Bayview Parkway Tel: 905.895.128 1 1.800.4E 5.0437 web; www. LSRCA. on .ca Newmarket, Ontario BY 3w3 Fax: 905.853.5881 E -Ma -ii: Info@LSRCA.on.ca Proud winner of the International Thiess Riverprize Member phCjfq8je&i2�i�n Ontario 6. c) 6: 0 0 p.m. Report No. D 32Q19�o1l3,$ADl�[q ib,�awir From:Ball, Jerry Sent: Wednesday, January 6, 2016 2:09 PM To: Witlib, Derek <dwitlib oro-medonte.ca> Subject: RE: 2016-A-45 (Overholt) Derek As discussed regarding the public meeting notice, application A-45 Overholt. I will recommend that the applicant be advised that Transportation Services will agree to the installation of 14 m of drive way culvert plus a small catch basin. The catch basin is to be installed in the centre of the driveway with the culvert attached, Thanks Jerry Ball Director, Transportation & Environmental Services Township of oro-Medonte Page 82 of 271 �� C 2 41 41:4k MN: L05 KA El 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... 4-1 M LLI ca 0 0� Lakeshore Road East Orillia Road c 0 N U 0 0 a� Page 83 of 271 2 U) 0 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... C O M OC i a I O N L6 a O V 4� Cn cn c C co ca a) E � O � O L ' M L O M� W L 0 O ' — a) }+ O O 0 O p +� .— aL cn `� }' CO U. UO O O -0--i 1*1*�>' -0-0 O n N J Jcn ^L♦ -0-i L W W 4� J E a) V� O a) L O O p C/) 0 ._ Z O LO O' (.0 0 L r a OC cn c co oo� a) 1 � O � O 'L 0c) M� W L 0 O }+ O O 0 O cn CU cn U •� CO a) L O O E L a) n N U.L- E E -0-i O XL c� J E a) o ._ '— E 0 OC cn Page 84 of 271 c co N � N � O a) O 'L ' U") L 0 ' U') O O O O cn U Jc: U U a) a) C/) ' — C/ a) 0 Page 84 of 271 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... v w J k W 0 Q, -- s-. LO g -- -a1Kw ' '-�� Y • -a ■.�s-,aria.. �,. \'M-..!'�. _ .. a.,.----'L,�'� .. ,._.... -"+ •t �h5r ./•a �r ..- ..-•r. . ah cr++.wa �..�a�r�r-a-+rFd��.r.. y� �.yy_rte..-.��.e�..on��ni-ti4Sl�M�I.- # �i • t„ . Wj :+ A --j is41a ' -4LLO dn t4 • U) O ► '� " $; N� � � 4 r � •moi. •� L � � RI - • ` .. � il' Y^. It �y�.-aa-x.•�1�^+.-. Fi. ..f• .y . � .4.. �..•4. �} ..•S. r"L3r...�4. +, i f [• ,#/.:l' i 3- - � ' 4*,- k. ' ,^�� •�'� �` � Wit. f 'j tP v4 4 ' M Page 85 of 271 50� 6.c) 6:00 p.m. Report No. DS2015-139, Dereitlib, Manager,... C> `� 4. El .1 --Z 0 Page 86 of 271 6. c) 6: 00 w ir ""V ort No. DS2015-139, Derek Witlib, Manager,... f Its ti U w "n b � O "P r �! v tr' Page 87 of 2 71 L Q 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, ' v S ,p U ?S a �,y Page 88 of 271 Manager, ... 0 L^' W i O 000 Kam 6.c) 6:00 p.m. Report No. DS2015-139, Derek Witlib, Manager,... •O cn •U O _) ^W' E O U Jc: a� O _0 LLJ O cn > O 0 0- E � o cn Q� •O O � •-1 O � O c a� U E■> p M ' Ca � cn M L a) C a) O 4-a 0-0 E b C� O cu •— CU E ry — >O _ L U +� U p Oa) ^' W N c LC: W HCV c: E 0 M n 0a) O ._ cu O � •cn L cu cu .c:_ L O +� O J cn Jc: •— per' W p L 0 OL W ^♦ W W � -o W cn C:}+ W -0 c E■> cu ' Ca O W L p a) cn m cu •— CU O 0 p Oa) N 0 (D� WL E o cu > O a) N � cu cu C: 0 � CU cn (D. cn o E o OL o'— �mU' O O L � W 0- O Cu CU -a O Cu c: C: CU -r.: -�-j E .0 cvi Fn 4-0.— M �, " 0 n - Cu U � N Page 89 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah-Ann Liske, Pla... 7awt�ship ofReport(9,� Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-135 Development Services Deborah -Ann Liske Committee Planner Meeting Date: Subject: Motion # January 6, 2016 Minor Variance Application Roll #: 2015-A-48 (Porter) R.M.S. File #: 1563 15/16 Sideroad East 4346-010-005-01620 Concession 12, Part West 1/2 D13-050021 Lot 16 Registered Plan 51819153 Part 2 Recommendation(s): It is recommended: Requires Action For Information Only 1. That Report No. DS2015-135 be received and adopted. 2. That Minor Variance Application 2015-A-48 by Daniel, Bradley and Derick Porter, with respect to lands described as Concession 12, Part West 1/2 Lot 16, Registered Plan 51 R1 9153 Part 2, known as 1563 15/16 Sideroad East, specifically to recognize the minimum lot area of 0.16 hectares (0.40 acres), be approved. 3. That the following condition be imposed on the Committee's decision: a. That notwithstanding Table B1 of Zoning By-law 97-95, the lot and its development shall otherwise comply with all other applicable provisions of the Zoning By-law; 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: On August 13, 2015 the Development Services Committee granted provisional approval of Consent Application 2015-B-11. Consent Application 2015-B-11 proposed to permit a boundary adjustment/lot addition between 1549 15/16 Sideroad East (the "granting lands") and 1563 15/16 Sideroad East (the "benefitting lands"); a sketch of the boundary adjustment is attached (Schedule 2). There is currently a single detached dwelling on Development Services Report No. DS2015-135 January 6, 2016 Page 1 of 6 Page 90 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah-Ann Liske, Pla... each of the two properties, affected by this application. As a result of the boundary adjustment, the granting lands would retain an area of 0.21 hectares (0-52 acres) and 51.8 metres (170 feet) of frontage, and the benefitting lands would be increased to 0.16 hectares (0.4 acres) and 40.5 metres (133 feet) of frontage. As a condition of the consent approval, the Committee required that the applicant apply for a Minor Variance to address the following lot area deficiency of the benefitting lands. 1) Table 131: Residential One (R1) Minimum Lot Area Required Proposed 0.2 hectares 0.16 hectares (0.49 acres) (0-40 acres) This application for Minor Variance has been submitted to fulfill the Committee's condition of consent. Analysis: Provincial Policies The policies of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the Lake Simcoe Protection Plan have been reviewed and in Planning Staff's opinion do not in this case affect the proposed development. The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) and as of the preparation of this report, Development Services Staff has not received comments from the LSRCA. However, it is worth noting that the LSRCA previously submitted comments advising of no objection to the related boundary adjustment. The members of the Committee should have regard to any LSRCA comments that may be received. Does the variance conform to the qeneral intent of the Official Plan? The subject lands are designated Rural Settlement Area within the Township's Official Plan and Section C3 of the Plan contain policies relating to development within this designation. Section C3.1 sets out the following objectives: • To maintain and create attractive communities with suitable amenities; and • To ensure that settlement areas are developed in a logical and cost-effective manner. There is no new structural development proposed by this application and the variance, if approved, will not change or negatively affect the character of the neighbourhood. Development Services January 6, 2016 Report No. DS2015-135 Page 2 of 6 Page 91 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah-Ann Liske, Pla... Based on the above, the requested variance 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 benefitting lands are zoned Residential One (R1) and Environmental Protection (EP) Zones in the Township Zoning By-law 97-95. Table B1 of the By-law contains standards applicable to the R1 Zone and Staff note that the granting lands presently comply with the requirements whereas the benefitting lands (1563 15/16 Sideroad East) is deficient in lot area. However, the boundary adjustment/lot addition increases the lot size of the benefitting land and therefore, improves the situation of non-compliance. Upon site visit, Staff has identified that the lot deficiency of the benefitting lands will not adversely affect the surrounding neighbourhood as no new lot has been created. 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 considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, are considered appropriate for the desirable development of the lot, they are considered to be minor. I 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: • Planning Act, R.S.O. 1990, c -P-1 3 • 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 January 6, 2016 Report No. DS2015-135 Page 3 of 6 Page 92 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... Sustainability — "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Consultations: Environmental Services Division: Transportation Services Division: Building Division: County of Simcoe: Lake Simcoe Region Conservation Authority: Simcoe County District School Board: no objection Simcoe County Catholic District School Board: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Survey Conclusion: Planning Staff recommends that Minor Variance Application 2015-A-48 be approved, specifically to recognize a minimum lot area of 0.16 hectares (0-40 acres), on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Deborah -Ann Liske Planner SMT Approval /Comments: Reviewed by: y, Derek Witlib, MCIPI RPP Manager, Planning Services Development Services January 6, 2016 Report No. DS2015-135 Page 4 of 6 Page 93 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... Schedule 1: Location Map 2015-A-48 (Porter) 11"e, 60 ro Parcels selection Development Services Report No. DS2015-135 January 6, 2016 Page 5 of 6 Page 94 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... Schedule 1: Survey 2015-A-48 (Porter) wig4 low CIO GfRe Cr "0 toft s. w • ,� +ya �► � i p L .. ,. s...... ; AAlllllpar,.#Nww wr M ■ �. CI0* ML. M i�►.�► i Ui CL Ui lu41P W% CP 16 ir VS Q: VP,; IWO,„�. t 37 KK lop Z NP in �, � � � � „, , •# � �#:� � wawa ... LA Lai (Ira 0.� �+ cf.40 0 M % ar o- Oft OL #hs �y,� �""'� 0s y” a— } 00 wr s. w/ �► yy 4A z w* �* 4% fir 44 ti P # Iry Cr 4x Q Development Services January 6, 2016 Report No. DS2015-135 Page 6 of 6 Page 95 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... Simooe County District School Board 1170 Highway 26 west MWhurst, Ontario LOL 1 XO December 21, 2015 Mr. Derek Witlib Deputy Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of oro-Iledonte LL 2EO Dear Mr.Witlib: Phone: (705) 728-7570 FAx (705) 728-2265 www scdsb.an.ca MINOR VARIANCE APPLICATION 2015-A-48 BRAD, D N & DEREK PORTER 1549 15/16 SIDE ROAD EAST TOWNSHIP OF OI O-MEDOI TE Thank you for circulating a copy of the Minor Vadance Application and supporting Information for the above -noted property to this office. The variance has been requested to fulfill a conditlon imposed by Consent Application 2015-B-11. The applicant requests a variance to the following Sections of Zoning Bir -lav 97-95: Table 131: residential one 1 Minimum Lot Area — Required minimum lot area is 0.2 hectares, whereas the proposed lot area 10.15 hectares. Planning staff have no objection to the proposed minor variance. Elementary students may attend East oro Public School and secondary students may attend Tarin Lades Secondary School. Should you require additional Information, please do not hesitate to contact the undersigned. Yours truly, Molly Spa el # MCIP, RPP Senior Planner Page 96 of 271 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... From: Leppington, Bobbi Sent: Wednesday, December 23, 2015 12:23 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Revised Notice of Public Hearing - 2015-A-48 (Porter) Certified lot grading be required at time of development Bobbi Leppington Chief Building Official Township of Oro-Medonte Page 97 of 271 6.d) 6:10 p.m. Report o. D 0,1- 135, Deborah -Ann LiV�e , Pla... Lake Simcoe. Regionconservation uthority A Watershed for Life Seat by em.aih. witirb@oro-medon Le,ca January 5,.2016 File No: 2015-A-48 IMS FHe No: PVOC1599C2 Mn Derek witlib Manager, Planning Services Township of Oro-Medonte 148 Line 7S11 Oro-Medonte, ON LOL ZEO Dear Mr. witlib : Re: Application for Minor variance 2015-A-48 154915/16 Sideroad-East Township of oro-Mednnte, 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 purpose. and effect of this application is to allow for a minimum lot area of 0.15 hectares for a lot within R1 zoning whereby the by-law requires 0.2 hectares. The variance is a condition of consent related to Application. 2015-B-11. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Based on our review of the submitted materials we are satisfied from a watershed management. perspective that this application is consistent with the Natural Heritage and Natural Hazard Policies of the Provincial Policy Statement (PPS), conforms with the requirements of the LSPP, and Ontario Regulation 179/06 of the, Conservation Author ties Act. As such, the LSRCA has no further requirements as they relate to this Application for Minor Variance. If you have any questions, do not hesitate to contact me. Please advise us of any decision made with regard to this application, Please reference the above file numbers in future- correspondence. Sincerely, Lisa -Beth Bulford, M.Sc. Development Planner LBB/ph S:\Planning and Development Services\Planning Ad\Planning Act Applications\Oro-Medonte\1416311549 15-16 Sideroati East\05-0.1-2 -16 Bulford oro Medonte 154915-16 Sideroad East 2015-A-48 PvoC1599.docx 120 Bayview Parkway Tel: 9050895.1281 1.800.465,.0437 weir: www,LSIRCA.on.oa Newmarket, Ontario BY 3w3 Fax: 905.853.5881 E -Mail: Info@ LSRCA, on.ca Proud winner of the International Thiess Riverprize ( Membe�age �� ofir�%11°n Ontario qr� C:) N El 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... v S GL k ti O - R- # C'7 (0 LO O N Iffi- Iff O U O A --j O M O E C= O W 0 0 is 0 71 6.d) 6:1 0 .m. Report No. DS2015-135, Deborah -Ann Liske, Pla... O L A__j y O 4-4 LO 4� OQC)CL— N LO Cza :3 +� • U Ca cm Cn = m 0. O Page 100 of 271 U) (1) M �W Q � O 0. 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I° �' .I . roti .+�'`'�� r°!A I•.y� 4�� '-�• �E�� f, � ,� "# eAs [ I• W •`f i c 1 r r Fl. r� +c.. • _!f 7f � +p Ail � '. • f I. 4 - � , b ti. 41 ZA. • '.i' � � �'" .cam ��56 r��p._ y », T -i;- • i i r za XAk F 01 V. r. --k-F%M ,` cif y- �� -"„ •, "since_ � .s � .-®r r i �.� ��,: „ gip„ _ �'•*� - „�� e} r � Y• ,: r � n 06 r G �_-_' C4 4)C £ q� O 1 ®a a _# i+ L t � '� ♦— rK CL b C1 45 ig} ` Sw UAW Af PAO arls `, por i 00 Q LO O CN 6.d) 6:10 p.m. Report No. DS2015-135, Deborah -Ann Liske, Pla... 4- 0 cn C: c.O cn > C- O M L A__jO o o � JC:CL U L � Ca � O O >1 A__j m� o— N � 4. E 00 U mo o .cn ca L � o C- O C: C- ,-4-J cn C O Ca. c - C: O O oN > o .C: oCP. Page 104 of 271 0 N � 4- 0 cn C: c.O cn > C- O M L A__jO o o � JC:CL U L � Ca � O O >1 A__j m� o— N � 4. E 00 U mo o .cn ca L � o C- O C: C- ,-4-J cn C O Ca. c - C: O O oN > o .C: oCP. Page 104 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Township qf Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-131 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # January 6, 2016 Minor Variance Application 2015-A-46 (Eisses) 2331 Penetan g u ishene Road Con 1, N Pt Lot 32, Roll #.. 4346-010-001-07500 R.M.S. File #: 013-49990 RP 51 R14122, Parts 1 & 2 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-131 be received and adopted. 2. That Minor Variance Application 2015-A-46 by R. and M. Eisses, specifically to permit an accessory building with an increased floor area of 553.7 square metres (5960 square feet) and an increased height of 6.56 metres (21.5 feet), and to permit two employees who are not residents of the dwelling unit to be employed as a home occupation with respect to 2331 Penetanguishene Road, Concession 1, North Part Lot 32, Reference Plan 51 R-14122, Parts 1 and 2 (Oro), be approved. 3. That the following conditions be imposed on the committee's decision: a. That notwithstanding Table B1, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the applicant obtain approval from the County of Simcoe for the proposed development; c. That the appropriate Zoning certificate, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: The subject property is 9.36 hectares (23.15 acres) and contains an existing 190.45 sq.m (2050 sq.ft) dwelling, 90.11 sq.m. (970 sq.ft.) detached garage, and 81.94 sq.m. (882 sq.ft.) barn. The applicant has submitted an application for a zoning certificate and will submit a building permit to construct a new detached accessory building (storage and home occupation purposes) which is subject to this minor variance application. The Development Services January 6, 2016 Report No. DS2015-131 Page 1 of 9 Page 105 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... purpose of this report is to review and analyze a minor variance application submitted for an accessory building to be used for a home occupation. The applicants own and operate Eisses Brothers Excavating, a family-owned business. The proposed building is split into two sections, an `open area/office with 2 washrooms' and a `storage area'. The office portion of the structure will be used for the administrative functions of the company; and the storage portion of the structure will be used for the storage of vehicles and equipment within a building. The neighbouring property to the north (2389 Penetanguishene Road) is 30.2 hectares (74.71 acres) and contains an existing dwelling (1313 sq. ft.), shed (240 sq. ft.), and barn (7680 sq. ft.). The neighbouring property to the south (2309 Penetanguishene Road) is 5.0 hectares (12.5 acres) and contains an existing dwelling (776 sq. ft.), and detached garage (5200 sq. ft.) which was the subject of two minor variances in 2008 and 2012 for the floor area and a maximum height (7.3 metres). The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law and the applicant is requesting the following relief from By-law 97-95: Section 5.1.4 -- Maximum height of an accessory building Section 5.1.6 — Maximum floor area of an accessory building Analysis: Provincial Policies Re uired 4.5 metres (14.7 feet) Proposed 6.56 metres (21.5 feet) 70 square metres 553.7 square metres (753 square feet) (5,960 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 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 Rural and Oro Moraine Gore -Corridor Area in the Township's official Plan and Sections B1 and C2 of the official Plan contain the relevant policies related to the use and development of lands in these designations. The subject property is largely designated oro Moraine Core -Corridor Area however the proposed accessory building would be located within the portion of the property Development Services Report No. DS2015-131 January 6, 2016 Page 2 of 9 Page 106 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... designated Rural. Permitted uses include agriculture, single detached dwellings, and home occupations. An objective of the Rural designation is "to preserve and promote the rural character of the Township and the maintenance of the open countryside" (Section C2.1). The requested variances relate to a proposed building that is accessory to the residential use and which conforms with the permitted uses in this designation and further is not visible to the travelling public from the roadside. Does the variance conform to the general intent of the ZoningBy-law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Agricultural/Rural (A/RU) Zone in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law 97-95, an accessory building is permitted pursuant to Section 5.1. The proposed development of the lands would comply with all minimum required setbacks, but requires relief from the maximum floor area and maximum height permitted in the Zoning 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, to prevent over -development that would detract from the rural character of the area, to prevent their use for human habitation, and to restrict their visual prominence on the property, as viewed from abutting transportation uses and neighbouring properties. The primary building on the lot has a floor area of about 190 square metres (2050 square feet) which is smaller than the proposed accessory building. However, it is important to consider that "secondary" is not only defined by size. Staff attended the site and also reviewed the surrounding neighbourhood in regards to existing detached accessory buildings and their locations and observed that significant vegetative buffers exist between the proposed detached accessory building and neighbouring properties and transportation routes. Further, due to the property having frontage along County Road 93, the application has been circulated to staff at the County of Simcoe, from whom approval will be required prior to the submission of an application for a building permit. As noted above the neighbouring property to the north contains a detached building (agricultural) with a floor area of 713 sq.m. (7580 sq. ft.) and the property to the south was the subject of a variance to permit a detached accessory building with a floor area of 483 sq.m. (5200 sq. ft.) and a height of 7.3 metres. The proposed accessory building would be consistent with these existing buildings from a floor area and height perspective. In addition, there is significant vegetative buffer between the proposed accessory building and the neighbouring property to the north and to Penetanguishene Road. The proposed location of the accessory building would continue to ensure the single detached dwelling is the prominent structure on the property from a visual perspective. Development services January 6, 2016 Report No. DS2015-131 Page 3 of 9 Page 107 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... The Zoning By-law permits an accessory building with a maximum floor area of 70 square metres and a maximum lot coverage of all accessory building of 5%. The subject lands have a lot area of 93888 square metres and would therefore permit the construction of multiple accessory buildings that comply with the maximum 70 square metre floor area and the 5% lot coverage. While it is recognized that the proposed accessory building would be significantly larger than the maximum floor area permitted by the by-law, the ability to incorporate these into one larger building rather than multiple buildings from a visual/character perspective is considered appropriate. Section 8.12 of the Zoning By-law states "where a home occupation is permitted in a zone, the home occupation: a) shall clearly be a secondary use of the lot; b) shall be conducted entirely within a detached accessory building and/or the main building on the lot; c) shall be conducted by at least one of the residents of a dwelling unit located on the same lot; d) shall not occupy more than 35 percent of the gross floor area of the dwelling unit, if the home occupation is contained in a dwelling unit in the main building on the lot; e) shall not occupy more than 50 percent of the gross floor area of a detached accessory building in the Residential one (R1), Residential Two (R2), Rural Residential one (RUR1), Rural Residential (RUR2), Shoreline Residential (SR) and the Residential Limited Service (RLS) Zones and 100% of a detached accessory building in the Agricultural/Rural (A/RU) Zone, if the home occupation is contained within a detached accessory building; f) shall not create noise, vibration, fumes, odour, dust, glare or radiation which is evident outside the dwelling unit; g) shall not employ more than one employee who is not a resident of the dwelling unit; h} shall not involve the outdoor storage or outdoor display of materials or finished products; i) shall not involve the repair or maintenance of motor vehicles; j) shall not consist of an occupation that involves the sale of a commodity not produced on the premises, except that telephone or mail order sales of goods is permitted; and, k) shall not require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier." The applicants have identified that they have one part time (seasonal worker) as well as one employee who is a relative that does not reside in the dwelling that would assist with the business and therefore they have requested a variance to subsection (g) noted above. Based on the size of the building and its location, additional parking for another employee would not create any additional impact on the neighbouring property and is therefore considered to be appropriate. 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. Development Services January 6, 2016 Report No. DS2015-131 Page 4 of 9 Page 108 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Is the variance minor? As the proposed variances relate to the accessory building that is considered to conform to the general intent of the official Plan, to meet the general intent of the Zoning By-law, and is considered 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 1 Legal Implications 1 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: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2000 • county of Simcoe official Plan, consolidated 2007 • Township of Oro-Medonte official Plan, 2007 • 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 aenerations." Consultations: • Environmental Services Division -- ■ Transportation Division -- • Building Division — • County of Simcoe — • Simcoe County District School Board — Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Elevations Development Services January s, 2015 Report No. DS2015-131 Page 5 of 9 Page 109 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Conclusion: In conclusion, Planning Staff recommends that Minor Variance Application 2015-A-46 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: Andria Leigh, Mc , RPP Director, Development Services SHAT Approval 1 Comments: Development Services January 6, 2016 Report No. DS2015-131 Page 6 of 9 Page 110 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Schedule 1: Location Map 2015-A-46 (Eisses) Development Services Report No. DS2015-131 January 6, 2015 Page 7 of 9 Page 111 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Schedule 2: Applicant's Site Plan 2015-A-46 (Eisses) IL �O - i> 0 T7 0 rt 4c) Az. SC <5-1 f4�. L6 SC4 IAL MEWAVOMO "&MMS Omfto"Olet"Uh rWpoW "5-M4WW ftM PW7214OU r It I ek� G.Av. Ow. 54f U1 lwe. ^0 'Milt 7a.,&ci op,-�% 104 M A 2 r bet Sm -G4t*- ";4uc4u(f 6nd �p�' �- 1Arm, Torlb LJIAOt P -ao:x I;IW64 CMS'Sk J ten s L-0 e0n, gonj CC#\ArC% rjaA4�04 4 0*0%'s AS 9 I I 1 0 \Ald 6*- &W Vd. Proposed Accessory Building Development Services Report No. DS2015-131 January 6, 2016 Page 8 of 9 Page 112 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Schedule 3: Elevations 2015-A-46 (Eisses) Development Services Report No. DS2015-131 &N H S6 I R S -5 January 6, 2016 Page 9 of 9 Page 113 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... Simaw County Distdct Schon! Board 1170 Highway 28 West MtdhuBt. Ontario L4E.1 XO December 21, 2015 Mr. Derek Witlib Deputy Secretary -Treasurer Committee of Adjustment 148 Lime 7 South Township of ono-lledonte LL 2EO Dear Mr. Wltlib: Phone: (705) 728-7570 Fax (705) 728-2265 www.scdsb.on.ca MINOR VARIANCE APPLICATION 2015-A46 RON & MARGARET EISSES 2331 PENETANGUISHENE ROAD TOWNSHIP OF ORO-MEDOI TE Thank you for circulating a copy of the Minor Variance Application and supporting Information for the above -noted property to this office. The owner proposes to construct detached accessory building (for a Horne Occupation) on the subject property. The applicant requests a variance to the following Sections of Zoning By-law 97-9: Section 6.1.4 — Maximum Height for Detached Accessory Buildings or Structures in the A RUJ Zone: Maximum height of 4.5 metres whereas the proposed height is 6.66 metres: Section 5.1.6 — Maximum Floor Area for Detached Accessory Buildings or Structures in the AIRUJ Zone is 100 square metres whereas the proposed floor area is 563.7 square metres; and Section 5.12 g — Horne Occupations — Shall not employ more than one employee who is not a resident of the dwelling unit, whereas two employees are proposed who are not occupants of the dwelling unit. Planning staff have no objection to the proposed minor variance. Elementary students may attend MR, Best Memorial Public school and secondary students may attend Earstvie Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. ned. Yours truly, Holly Spacer, MCIP, RPP Senior Planner Page 114 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... From: Logan Juffermans [mailto:ljuffermans@nvca.on.ca] Sent: Wednesday, December 23, 2015 3:46 PM To: Witlib, Derek <dwitlib@oro-medonte.ca>; Falconi, Teresa <tfaIcon i@oro-medonte.ca> Cc: Timothy Salkeld <tsalkeld@nvca.on.ca> Subject: NVCA Comments: Notices of Public Meeting - 2015-A-44, 2015-A-46, 2015-A-47 Good afternoon Mr. Witlib, Please find attached the NVCA comments for the upcoming public meeting on Wednesday January 6t", 2016. • 2015-A-46 (Eisses); NVCA staff have reviewed these minor variances to permit an accessory structure for a home occupation use. We note the structure and work will occur outside of the NVCA regulated area and we have no objection to this approval. In review, NVCA staff note that the structure is proposed within an area designated as Greenlands by the County of Simcoe where further consideration natural heritage features may be required. If you have any additional questions do not hesitate to contact me directly. Thank you for your consideration and have a wonderful holiday break. Kind regards, Logan Juffermans I Planning Assistant Nottawasaga Valley Conservation Authority 81958th Line, Utopia, ON LOM 1TO T 705-424-1479 ext. 244 F 705-424-2115 Ijuffermans@nvca.on.ca nvca.on.ca Page 115 of 271 reinstated .to the preexisting condition. Please forward a copy of the decision, if you require any further information, please do not hesitate .to contact me. Page 116 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... County Comments - 2 Sincerely, The Corporationot#f�County of Simcoe r au1 rphy, B.Sc., C.Tech. Engi . eering Technician l! (70 7226-9300 Ext. 1371 C.c. ", Julie Scruton, County of Simcoe Nathan Westendorp, County of Simcoe XAPLNW - Development & Planning DOW to D14 Development Correspondence0ro-Medonte\D1 g Severance & DI.3 Vaftnces12016=1 CR 93 2015 A 46\Minor Variance comments Jan 4, 16.doc Page 117 of 271 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... -/J + T w Cu •U Is rr�7r �I H a. [' � s "Q' ~ LL� l� AJ i k lb -/J + 0 0 0 U) — � c� C: a) ._ Cn T< a) g 18 of 2 71 w Cu •U rr�7r �I H "Q' ~ LL� l� Q 0 � o o U a) L. 0 o JC: C/) � Q 0 U a) C: Cu � — Cu o m.. A o � — Cu ca — 0 L. O o a CO CO N C: o N . — Cm Q .� 4-- 0 C. L. :3 0� 0 0 0 U) — � c� C: a) ._ Cn T< a) g 18 of 2 71 w •U rr�7r �I H "Q' ~ LL� l� 0 0 0 U) — � c� C: a) ._ Cn T< a) g 18 of 2 71 6.e) 6:20 p.m. Report No. DS2015-131, Andria Leigh, Director... _ � y �V-1 -g 1A Q, y Q ?• • ..... El _Zr'. 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O > JC:A .', a) += CnCn a) E O o-0 � 0.4-w 0--1 O -0 '0 o 0 a)> — C:O c� Cu.L. 0. �� C .0Cn Cu ..CM 00 0 — O �•� � ._ U '—� E c: 0 L. 0 a) -Q U) O a) U)0 �� a) c) CU . a) _ CU— M� E L) C: CU Cu 0 - mU � U O >%-o a) a) U cnma)CE a) o cu O E -U JC: 0' c: 0•— a) a) -*.-j 0 C:Q0Cu-0 O O V a)N ._ � 'a) '-- Cu 0 C'M O +�� > �� c� O a) OL.4- U a) Amo C)L� O 0 E cn cu � cn � �a)a� �CU.o0 .C) � a) cf) cu m C .— .2 C: O O �E ' O •— C OU) ��wcu 0.6 O �� .� o V cu Q Q a) ♦--j 0 C: — Cu CU o.wwa) u) 0 O Cu C: =.s — C: CU 0 -I----j Cu Cu C: cu a) .0 Cu ate}, -c -c 0 0 FL }, N CO Cu Page 124 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Township c��` Report ,tom Proud Heritage, Exciting Future Report No, To: Prepared By: DS2015-132 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # January 6, 2016 Minor Variance Application 2015-A-47 C. Bergsma 1148 Line 15 North Rall #: 4346-030-010-09800 R.M.S. File #: D1 3-50019 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-132 be received and adopted. 2. That Minor Variance Application 2015-A-47 by C. Bergsma, specifically to permit construction of a Single Detached Dwelling and Detached Accessory Buildings (garage and shed), on lands located in concession 1, Pt Lot 4, Plan Jackson W Pt Lot 15 (Orillia), Township of oro-Medonte, known as 1148 Line 15 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Sections 5.16.1 (b), 5.31, Table B1 - Footnote (1), 5.28, and 5.1.3 (d) of Zoning By-law 97-95, the proposed dwelling, detached garage and shed 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 dwelling and detached accessory buildings are 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 applicant satisfy any permits and/or approvals required from the Nottawasaga Valley Conservation Authority; e) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Development Services January 6, 2016 Report No. DS2015-132 Page 1 of 8 Page 125 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Background: The subject property is 0.17 hectares (0.43 acres), contains an existing cottage (95.5 sq.m.) and detached shed, and is located on Bass Lake. The applicant is proposing to demolish the existing cottage and shed and construct a new flood proofed cottage (143.25 sq.m.), detached garage (31.2 sq.m.), and detached shed (53.29 sq.m.). The property is zoned Shoreline Residential Exception 2 and Environmental Protection (SR*2 and EP) in the Township's Zoning By-law and the applicant is requesting the following relief from By-law 97-95: 1. Section 5.16 - Non -complying building may be enlarged, repaired, replaced, or renovated provided that the enlargement, repair, replacement or renovation: 1) Section 5.16.1 (b) does not increase the amount of floor area or volume in a required yard shed Existing Proposed 20.3 square metres 53.29 square metres 215.3 square feet) (573.6 square feet 2) Section 5.16.1(b) does not increase the amount of floor area or volume in a ienuired yard(dwelling) Existing Proposed 95.5 square metres 143.25 square metres (1028 square feet) 1542s uare feet) 2. Section 5.31 and Table B1 -Footnote (1)- Setback from average high water mark of Bass Lake Required Proposed 15 metres 14.7 metres (49.2 feet) (48.2 feet 3. Section 5.28 - Setback from limits of Environmental Protection Zone Required Proposed 30 metres 0 metres (98.4 feet 0 feet 4. Section 5.1.3 (d)- Detached Accessory Building setback to the interior lot line Required Proposed 2 metres 1.55 metres 6.56 feet) (5.08 feet Development Services January 6, 2016 Report No. DS2015-132 Page 2 of 8 Page 126 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... As part of the applicant's minor variance submission, a planning justification/submission report was received from Morgan Planning and Development Inc. dated December 8, 2015 in support of the proposed variances associated with the re -development of the property. A copy of this report is available at the Township office for review. 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 subject lands are regulated by the Nottawasaga Valley Conservation Authority and as of the preparation of this report, Development Services Staff is awaiting comments from the NVCA relating to Ontario Regulation 197105 under the Conservation Authorities Act. The members of the Committee should have significant regard to any comments or requirements of the Nottawasaga Valley Conservation Authority (NVCA). Staff have included a condition requiring the applicant to satisfy any permits or approvals required from the NVCA. 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; 2.1 — Natural Heritage; 2.2 — Water; and 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (waterfront) residential development that is consistent with the PPS with respect to Rural Areas. Development Services Staff is of the opinion that this application is consistent with the Natural Heritage, Water, and Natural Hazards policies of the PPS, subject to Nottawasaga Valley Conservation Authority comments. Does the variance conform to the general intent of the official Plan? The subject lands are designated Shoreline within the Township's official Plan. Section C5 of the Township's official Plan contains policies related to the Shoreline designation and specifically, Section C5.1 sets out the following objectives: • To maintain the existing character of this predominantly residential area; and • To protect the natural features of the shoreline area and the immediate shoreline. The proposed variances relate to the replacement of the existing dwelling, construction of a new detached garage and replacement and enlargement of the existing detached shed which all conform with the permitted uses in the Shoreline designation that includes residential uses and associated accessory buildings. The replacement of the existing cottage proposes the construction of a new dwelling that will be flood proofed to 0.3 metres above the regulatory flood elevation which will improve the current development of the site. On this basis, the requested variance conforms to the intent of the Township's official Plan. Development Services January 6, 2016 Report No. DS2015-132 Page 3 of 8 Page 127 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... 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 Shoreline Residential Exception (SR*2) and Environmental Protection (EP) Zone in the Township's Zoning By-law 97-95. Exception 2 would apply to the proposed dwelling and would permit an interior side yard setback of 1.5 metres for properties in the former Township of orillia. The SR*2 zone applies to the area of the existing cottage and portions of the proposed detached garage; while the EP zone applies to the current location of the detached shed proposed to be replaced and slightly enlarged. The EP zone is intended to reflect a drainage outlet within the Bass Lake Provincial Park that extends across Line 15 North to a wetland feature. Both of the existing structures on the property were constructed prior to the original Township of orillia Zoning By-law in 1979 and are therefore considered to be legal and non- complying. on this basis variances have been requested from Section 5.15.1 of the Township's Zoning By-law for relief to expand a legal non -complying building. Table Al of the By-law identifies permitted uses within the SR zone and single detached dwellings and accessory buildings are a permitted use; the proposed detached garage and shed are accessory to the proposed dwelling and therefore, are a permitted use. Upon site visit, Staff has identified that the shoreline primarily consists of one -storey dwellings/cottages similar to the proposed dwelling as well as single storey detached garages/sheds located adjacent to Line 15 North. The proposed re -development of the property would be consistent with the surrounding area. Further there is currently vegetation along the property lines that will continue to provide buffering of the proposed development to the neighbouring properties. In reviewing the applicant's proposed site plan, the replacement dwelling and attached deck propose to maintain the existing setback to Bass Lake, and the enlargement to the shed proposes an increase in the setback to the drainage features on the neighbour property. Further the proposed enlargement of the dwelling and the proposed detached garage will not further encroach on the drainage feature to the south. At the time of writing this report, the application has been circulated to the NVCA however no comments had yet been received. on the basis that the variances being requested have an impact of setbacks to environmental features and flood proofing of the proposed dwelling, the committee should give significant regard to any comments received from trhe NVCA in making their decision. For the reasons outlined above, the requested variances are considered to meet the general intent of the Zoning By-law, and would be considered appropriate for the desirable re -development of the lot. Is the variance minor? As the proposed variances relate to the construction of a replacement dwelling and replacement shed and a new detached garage away from Bass Lake and not closer to the environmental feature on the neighbouring property to the south, are considered to conform to the general intent of the official Plan, to meet the general intent of the Development Services January 6, 2015 Report No. DS2015-132 Page 4 of 8 Page 128 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on Bass Lake or on the character of the surrounding area, the variances are considered to be minor. 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, 2005 • 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. Sustainabilit To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: • Transportation & Environmental Services Division: • Building Division: • County of Simcoe: ■ Nottawasaga Valley Conservation Authority: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Development Services January S, 2016 Report No. DS2015-132 Page 5 of 8 Page 129 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-47 be approved, specifically, to permit the construction of a new dwelling, detached garage and shed, on the basis that the application appears to meet the four tests of the Planning Act. Respectfully submitted: Andria Leigh, MCIP, PP Director, Development Services SMT Approval I comments: Development Services January f, 2016 Report No. DS2015-132 Page S of 8 Page 130 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Schedule 1: Location Map 2015-A-47 (Bergsma) Development Services January C, 2015 Report No. DS2015-132 Page 7 of S Page 131 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Schedule 2: Applicant's Site Plan 2015-A-47 (Bergsma) tit t, M� t l� t �t � s aa YY'1' 1 1 .ax� i u ill! ftutwU t 1h. 1! M M I I I Iva r MtR. do I.."■" 1i! '�d �K_�_ ;,Ill � a 111 %d 0 N 3N11 Ac'!• ' sr ! S 4r tit F 1 ! ' U _ all s - !411* R j i - F a f��•.. �• �j� •�� • �� .i � �� w 3 � � q j � Yf iilj ire ,�� ••.� � _ "`•'{` � •rte, . ; E j CC s 3a i s Development Services January C, 2018 Report No. DS2015-132 Page 8 of 8 Page 132 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Simcoe County DistrIct School Board 1170 Highway 26 WW Miar,ursc, ornado EAL 1 XO December 21, 201 Mr. Derek Witlib Deputy Secretary -Treasurer Committee of Adjustment 148 Lire 7 South Township of Oro-Medonte LL 2EO Dear Mr. itlib: Phone: (705) 728-7570 Fay (705) 728-2265 8CtlBi?.011.C8 MINOR VARIANCE APPLICATION 2015-A-47 COR ELIA EERGSMA 1148 LINE 1NORTH TH TOWNSHIP l SHIP OF ORO-MEDOI TE Thank you for circulating a copy of the Minor Variance Application and supporting information for the above -noted property to this office. The owner proposes to construct a single detached dwelling and a detached accessory building on the subject property. The applicant requests a variance to the following Sections of Zoning Ey-laver 97-95: Section 5.16 — Non -complying building may be enlarged, repaired, replaced, or renovated provided that the enlargement, repair, replacement or renovation: Section 5.16.1 b does not increase the amount of floor area or volume in a required yard (dwelling). The existing area is 20.3 square metres and the proposed is 53.29 square metres. Section 5.16,1 b does not increase the amount of floor area or volume in required yard (shed). The existing area is 95.5 square metres and the proposed area is 143.25 square metres. Section 5.31 and Table 131 — Footnote 1 — Setback from average high water mark of Bass Lake. Required setback is 15 metres, whereas the proposed setback is 14.7 metres. Section 5.28 — setback from limits of Environmental Protection Zone. Require is30 metres, whereas the proposed setback is g metres. Section 513 d — Detached Accessory Building setback to the interior lot line, Required setback is 2 metres, whereas the proposed setback is 1.22 metres. Page 133 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... Planning staff have no objection to the proposed minor variance. Elementary students may attend Mar hmont Public School and secondary students may attend orillia Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacer, MCIP, IPP Senior Planner Page 134 of 271 6.f) 6:30 p.m. Report No. DS2015-132, Andria Leigh, Director... From: Logan Juffermans [mailto:ljuffermans@nvca.on.ca] Sent: Wednesday, December 23, 2015 3:46 PM To: Witlib, Derek <dwitlib@oro-medonte.ca>; Falconi, Teresa <tfaIcon i@oro-medonte.ca> Cc: Timothy Salkeld <tsalkeld@nvca.on.ca> Subject: NVCA Comments: Notices of Public Meeting - 2015-A-44, 2015-A-46, 2015-A-47 Good afternoon Mr. Witlib, Please find attached the NVCA comments for the upcoming public meeting on Wednesday January 6t", 2016. • 2015-A-47 (Bergsma); NVCA staff have reviewed these minor variances to permit the reconstruction of a single detached dwelling and detached accessory building. The applicants have pre -consulted with conservation authority staff regarding this reconstruction and accessory structure, and NVCA staff have no objection to the approval of these minor variances, subject to the applicants obtaining development permits from the NVCA. If you have any additional questions do not hesitate to contact me directly. Thank you for your consideration and have a wonderful holiday break. Kind regards, Logan Juffermans I Planning Assistant Nottawasaga Valley Conservation Authority 81958th Line, Utopia, ON LOM 1TO T 705-424-1479 ext. 244 F 705-424-2115 Ijuffermans@nvca.on.ca nvca.on.ca Page 135 of 271 N O •- C- CL •O a U V x4) W4-0 O cu n ndria Leigh, w .k a O� Page 136 of 2 71 Director ... ._ � a) _ CU 4 .. 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Township of L Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-140 Development Services Derek Witlib, Manager, Committee Planning Services Meeting Date: Subject: Motion # January 6, 2016 Minor Variance Application 2015-A-49 by N. & T. Bull 1391 Ingram Road West Part of Lot 6, Roll #: 4346-020-002-0271 R.M.S. File #: D13-50024 Concession 4 Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-140 be received and adopted. 2. That Minor Variance Application 2015-A-49 by N. & T. Bull, specifically to permit: 1) a minimum first floor area of 89 square metres; and 2) a maximum floor area of 89 square metres for an apartment dwelling unit accessory to a single detached dwelling, with respect to 1391 Ingram Road, in the West Part of Lot 6, Concession 4 (Medonte), Township of oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That the proposed development of the lands shall otherwise comply with all other applicable provisions of the Zoning By-law; b) 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. Background: The applicants are proposing to build a single detached dwelling of log construction on the subject lands, which are currently Vacant of any permanent buildings. The location of the subject lands is shown in Schedule 1 to this report and elevation drawings of the proposed dwelling are shown in Schedule 2. Development Services January 6, 2016 Report No. DS2015-139 Page 1 of 6 Page 144 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... The property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law and the applicants have requested the following relief from By-law 97-95: 1) -able 134-B - Standards for Single Detached Dwellings(A/RU Zone Required Proposed Minimum First Storey Floor Area 90 square metres (969 sq. ft.) 89 square metres 958 sq. ft. 2) Section 5.4(c) -Maximum Floor Area of Apartment Dwelling Unit Required Proposed Maximum 70 square metres 89 square metres 753.4 sq. ft.) (958 sq. ft.)_ Analysis: Provincial Policies and County official Plan The subject lands are not within a designated settlement area and are not in the Lake Simcoe watershed. Therefore, the policies of the Growth Plan for the Greater Golden Horseshoe and the Lake Simcoe Protection Plan do not directly affect the review of this application. The lands are subject to the Provincial Policy Statement (PPS) and the proposed development of a single detached dwelling on the lands is consistent with the PPS. Does the variance conform to the general intent of the official Plan? The subject lands are designated "Major open Space" by the official Plan. This designation appears to have been applied to the lands due to the fact that the lands are immediately adjacent to the Copeland Forest, which is a large Provincially -owned area for natural resource management and outdoor recreation. The policies of the "Major open Space" designation would not preclude the development of the lands for uses that are permitted by the Zoning By-law. Planning Staff is of the opinion that the proposed variances conform 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 lots The subject property is zoned Agricultural Rural (A/RU) Zone in the Township's Zoning By-law 97-95, which permits a single detached dwelling, as well as an accessory apartment within such a dwelling. The Zoning By-law regulates the size of the minimum first floor area of dwellings in order to achieve a consistent minimum dwelling size and style in the Township. In the case of the applicant's proposed dwelling, the proposed 1 square metre variance from the Zoning By-law would not be visually noticeable. Development Services January C, 2016 Report No. DS2015.139 Page 2 of f Page 145 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... With respect to the Zoning By-law's maximum floor area of 70 square metres for an apartment dwelling unit, the intent of the Zoning By-law is that such apartments remain secondary to the main dwelling unit. In this case, the proposed dwelling unit is to be located within a basement, with the apartment possessing its own walk -out entrance on the west side of the proposed dwelling. With this arrangement, the main floor dwelling unit will clearly be the main dwelling unit in the building in terms of its appearance and function. 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. Financial 1 Legal Implications 1 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 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 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 January 6, 2016 Report No. DS2015-139 Page 3 of 6 Page 146 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... Consultations: • Township Departments - • School Boards — SDDSB no objection Attachments: Schedule #1: Location Map Schedule #2: Elevation Drawings Conclusion: Planning Staff recommends that Variance Application 2015-A-49 be approved 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 January 6, 2016 Report No. DS2015-139 Page 4 of 6 Page 147 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... Schedule 1: Location Map Development Services January C, 2016 Report No. DS2015-139 Page 5 of 6 Page 148 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... Schedule 2: Elevation Drawings Development Services Report No. DS2015-139 January 6, 2016 Page 6 of 6 Page 149 of 271__ L 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... Simcm County District School Board 1170 Highway 26 West Midhurst, Ontario LOL 1X4 December 21, 201 Mr. Derek Witlib Deputy Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of Oro-Iledonte LOL 2E Dear Mr. Witlib: Phone: (705) 728-7570 Rm V05) 728-2265 www.scdsb,on.ca MINOR VARIANCE APPLICATION 2018-A-49 NATHAN TRACY BILL 1391 INGk4M ROAD TOWNSHIP OF ORO -MED ITE Thank you for circulating a copy of the Minor Variance Application and supporting information for the above -noted property to this office. The variance has been requested so that the owner may construct a single detached dwelling on the subject property. The applicant requests a valance to the following Sections of Zoning By-law 97-95: Table 134-13 — Standards for Single Detached Dwellings IIS Zone): Required minimum first storey floor area Is square metres, whereas the proposed minimum is 89 square metres. Section 8.4 c - Maximum imum Floor Area of Apartment Dwelling Unit: Required maximum is 7 square metres, whereas the proposed maximum Is 89 square metres. Planning staff have no objection to the proposed mirror vadance. Elementary students may attend W.R. Best Memorial Public school and secondary students may attend Eastview Secondary School, Should your require additional information, please do not hesitate to contact the undersigned, Yours truly, Holly Spacel, NICIP, IPP Senior Planner Page 150 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... From: Leppington, Bobbi Sent: Wednesday, December 23, 2015 12:33 PM To: Falconi, Teresa <tfaIcon i@oro-medonte.ca> Subject: RE: Notices of Public Meeting - 2015 -A -4412015-A-45, 2015-A-46, 2015-A-47, 2015-A-48, 2015- A-491 2015-A-50 2015-A-49 Bull - plans for permit shall show all required information relating to fire/life safety for the apartment Bobbi Leppington Chief Building Official Township of Oro-Medonte Page 151 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... C> El Uw—la cn (D L U Q cn N N U 0 i cn � � 0 O 0 � cn c,�152 of 2 Cni Q`r'V� NQ O cn (D L U cn N N U � cn � � 0 O 0 � U c,�152 of 2 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... C> El Page 153 of 271 cn a� 00 LO � C- a� a) M � o ^ ._ 0 N cn E C/) p p to cn <a.Ma� LEcm C: 0 M 00 LO U cn co — cn M 0 Q co E o U � Q O to O a) L- a) O O (U L Q CU E ' (C) O a) U)O 'a CU }� L L L C/) LL 05 Ll-- cn -a -1--j C/) L— E = cr cn C:) CU cn L E E • — LO LL a E r**-� CU :3 E_ E to ^ x p m 114- UD m � O •O C� O C1) � N Page 153 of 271 W -.1a C 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... `�� 4. Xt YXI 0 -4 Page 154 of 271 6.g) 6:40 p.m. Report No. DS2015-140, Derek Witlib, Manager,... ' v S GL • �. ➢ # - fit. r 6 �] N Page 155 of 271 m Q LO O (N a) .cu cu O C� ►- w 0 a a 6.g) 6:40 p.m. Report No. DS2015-140, Derek V\ L.O 4- a) a) a> > O Jc: O Jc: �L e E cn L S L Jc: L� n O ■ cn• E 070 �O O .. \ C: cn U .0 M -cn — CU E c: • 0 cn E w cn a. 0 0 E ° --,c,-,: ° mE 0 � U — — �O •- V � �O — .0 :3 1 10 cn cn 70-- OM '0•— EC:.Lnr� 0 EC� C� M 0 � cn O 1 1 -0 0 U � m0 CU cn V� o J Ea)m •- °•� �0M � - C: om� C: Oa) cn EN UEO0 �O C: CZa) E • O cn O }, � O -0--1 — C:O� - 0. � a)4- >0 o N� v E •- O a) cn � � �Q j °,a) cn M 0 C: — C: cn.. 0 > 0 cu C: 0 0 •-L. O - CZ" � C: cu - 0 o 4. o.� .00. .. ° V w C:CU w-0 wm-.c � C: cm � � 4-1 M � 0 �— MCZ -1-acn C: 4-1 C: M�� C: 0.: O•— - �-- F�: ° Cu O 4- a) Cu C� - - - -r- N M /itlib, Manager, �w ZN; i i Page 157 of 271 6.h) 6:50 p.m. Report No. DS2015.-133, Andria Leigh, Director... Report township of Froud Heritage, Exciting Future Report No. To: Prepared By: DS2015-133 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # January 5, 2015 Minor Variance Application 2015-A-50(Baker) Roll #: 81 Moon Point Drive R.M.S. File #: 4345-030-012-45500 D13-450029 Recommendation(s): It is recommended: Requires Action For Information Only 1. That Report No. DS2015-133 be received and adopted. 2. That Minor Variance Application 2015-A-50 by A. Baker, specifically to permit an enlarged boathouse with an interior side yard setback of 0.5 metres, on lands located in Concession 1, Plan 920, Lot 24 (Orillia), Township of oro-Medonte, known as 81 Moon Point Drive, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.5.a of Zoning By-law 97-95, the proposed boathouse 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 may be required to verify in writing by way of survey/real property report, that the boathouse is located no closer than 0.5 metres (2 feet) from the northerly interior side lot line; d) That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Region Conservation Authority; e) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Development Services January 5, 2015 Report No. DS2015-133 Page 1 of 8 Page 158 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Background: The subject property is 0.13 hectares (0.33 acres), contains a single detached dwelling and boathouse, shed, and is located on Lake Simcoe. The applicant is proposing to renovate the existing one -storey 26 sq.m. (280 sq. ft.) boathouse and 26 sq.m. (280 sq. ft.) shed. The applicants are proposing to combine the boathouse and shed into one structure being a 52 sq.m (560 sq.ft.) boathouse. The property is zoned Shoreline Residential Exception 2 (SR*2) in the Township's Zoning By-law and the applicant is requesting the following relief from By-law 97-95: Section 5.5.a — Minimum Interior Side Yard Setback for boathouse Analysis: Provincial Policies Required Proposed 2.0 metres 0.6 metres (6.5 feet) (2.0 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 Lake Simcoe Protection Plan implements objectives and development policies to protect and enhance our natural environment for future generations. Lands subject to the development are regulated by the Lake Simcoe Region Conservation Authority given its location on Lake Simcoe. As of the preparation of this report, Development Services Staff is awaiting comments from the LSRCA relating to Ontario Regulation 197105 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 (LSRCA). Staff have included a condition requiring the applicant to satisfy any permits or approvals required from the LSRCA. 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; 2.1 -- Natural Heritage; 2.2 — Water; and 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (waterfront) residential development that is consistent with the PPS with respect to Rural Areas. Development Services Staff is of the opinion that this application is consistent with the Natural Heritage, Water, and Natural Hazards policies of the PPS, subject to Lake Simcoe Region Conservation Authority comments. Does the variance conform to the general intent of the official Plan? The subject lands are designated Shoreline within the Township's official Plan. Section C5 of the Township's official Plan contains policies related to the Shoreline designation and specifically, Section C5.1 sets out the following objectives: Development Services Report No. DS2015-133 January 5, 2015 Page 2 of 8 Page 159 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... • To maintain the existing character of this predominantly residential area; and • To protect the natural features of the shoreline area and the immediate shoreline. The proposed variance relates to the renovation of the existing boathouse and shed into one combined structure that is accessory to a residential use. Provided this, the requested variance conforms to the intent of the Township's 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 Exception 2 (SR*2) Zone in the Township's Zoning By-law 97-95. Exception 2 does not relate to the proposed application for a boathouse as it speaks to the minimum interior side yard for a single detached dwelling for properties in the former Township of orillia. Table Al of the By-law identifies permitted uses within the SR zone and single detached dwellings are a permitted use; the proposed boathouse is accessory to the existing dwelling and therefore, is a permitted use. Section 5.6 of the By-law identifies the standards for boathouses. The proposed development of the lands complies with most of the required setbacks save and except the minimum interior side yard. As this is an existing structure being renovated and expanded, this interior side yard setback is already established. The Zoning By-law's requirement for a 2 metre side yard setback is intended to ensure access around existing dwellings and to provide separation between neighbouring residential properties. The boathouse and shed are currently setback this 0.6 metre (2 foot) distance to the property line. As the two existing buildings are being combined, the overall size of the structure is not expected to appear larger and is maintaining the existing interior side yard setback. Upon site visit, Staff has identified that the location of the building is consistent with the surrounding properties and that an appropriate separation between neighbouring development is being maintained. The variance maintains the existing location and setback of the existing boathouse and shed and would therefore appear to have little to no impact on the neighbouring properties. 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 renovation of the existing boathouse and shed into one combined structure, 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 Lake Simcoe or on the character of the surrounding area, the variance is considered to be minor. Development Services January S, 2016 Report No. DS2015-133 Page 3 of 8 Page 160 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Financial 1 Legal Implications 1 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, 2000 ■ 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 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. Consultations: ■ Transportation & Environmental Services Division: ■ Building Division: ■ County of Simcoe; ■ Lake Simcoe Region conservation Authority: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Elevation Development Services January 6, 2018 Report No. DS2015-133 Page 4 of 8 Page 161 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-50 be approved, specifically, to permit the renovation/enlargement of the existing boathouse and shed, on the basis that the application appears to meet the four tests of the Planning Act. Respectfully submitted: M Andria Leigh, MCI P, RPP Director, Development Services SMT Approval 1 Comments: Development Services January 6, 2016 Report No. DS2015-133 Page 5 of 8 Page 162 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Schedule 1: Location Map 2015-A-50 (Baker) Development Services Report No. DS2015-133 N i January 5, 2016 Page 6of8 Page 163 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Schedule 2: Applicant's Site Plan 2015-A-50 (Baker) Development Services January 6, 2016 Report No. DS2015-133 Page 7 of 8 Page 164 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Schedule 3: Elevation 2015-A-50 (Baker) -- •-•_•�__ _..-{ .-. ..._ -.j.-� �r �... I �____--"�...�' ��+�-..�- y.-....._,y'-.�-..--i......u�-w...--�-��-�-��.. � ' I .L.�..�+�•F.-.,� .-.-.4.....-..--•�--�+1.��rtr� 1 f 1 11 I - i _}...•-...� 4 Development Services January S, 2016 Report No. DS2015-133 Page 8 of 8 Page 165 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Simcoe County District School Board 1170 Highway 26 West Midhurst, Ontario LdL 1 XO December 21, 2015 1r. Derek Witlib Deputy Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of oro-Iledonte LL 2EO Dear Mr. W itl i b: Phone: X705) 728-7570 Fax: X705) 728-2285 rW.db.on.ca MINOR VARIANCE APPLICATION 2015-A-50 ANTHONYBAER 81 MOON POINT DRIVE TOWNSHIP OF ORO-MEDONTB Thank you for circulating a copy of the Minor Variance Application and supporting Information for the above -noted property to this office. The variance has been requested so that the owner may renovate/enlarge by combining the existing boathouse and shed. The applicant requests a valance to the following Sections of Zoning By-law 97-95: Section 5.6. a - Minimum interior side yard setback for boathouse. Required minimum is 2.0 metres, whereas the proposed maximum is 0.6 metres. Planning staff have no objection to the proposed minorar'ance. Elementary students may attend Bast oro Public School and secondary students may attend Twin Lakes es Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours trulyt Holly Space, MIP, RPP Senior Manner Page 166 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... From: Leppington, Bobbi Sent: Wednesday, December 23, 2015 12:33 PM To: Falconi, Teresa <tfaIcon i@oro-medonte.ca> Subject: RE: Notices of Public Meeting - 2015 -A -4412015-A-45, 2015-A-46, 2015-A-47, 2015-A-48, 2015- A-491 2015-A-50 2015-A-50 Baker— already built, permit will be required upon approval from planning Bobbi Leppington Chief Building Official Township of Oro-Medonte Page 167 of 271 6.h) 6:50 p.m. Report N6lS20qp\ 3, Aq�, ria ei h, Dir ctor... From: Kevin Anderson Sent: Friday, January 1, 2016 2:22 PM� �� C � c (��, �a To: Witlib, Derek <dwitlib@oro-medonte.ca> � �C" Subject: 81 Moon Point Drive /lot 24 boathouse Derek Witlib, am writing in regards to the Minor Variance Application I received in the mail, concerning Anthony Baker's boat house project. I own property at 73 Moon Point Dr, orillia, lot 22 and would like to see Anthony Baker finally complete his on going project (boathouse/ adddition). I'm currently undergoing my own project with a land planner and have spent a considerable amount of time and money following proper protocol, set out by oro- Medonte and Lake Simcoe Conservation Authority. The site plan that has been drafted does not correspond with the plan of subdivision plan 920. On plan 920, 81 Moon Point Drive 1 lot 24 lot boundary measures out 100' eastside/100'westside/163' northside/150'Southside. I feel that Anthony Baker should have a proper survey showing what he is trying to accomplish not a hand sketch which is out of proportion. Regards, Kevin Anderson Page 168 of 271 6.h) 6:50 p.m. Re` p�"No`yD -�33; A�ndria'�e ig�i�irector... Lake Simcoe Region conservation authority ��` � co t�� .�' �•-'v�c.� a A Watershed for Life Seat by email: dwitlib aro-medonte. ca January 6, 2016 File No: 2015-A-50 IMS File No: PVOC160OC2 Mr. Derek Witlib Township of oro-Medonte .148 Line 7 S Oro-Medonte, ON LDL 2 EO Dear Mr. witlib: Re: Application for Minor Variance 2015-A-50 81 Moon Point Drive Township of oro-Medonte, County of Simcoe 'hank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) with regard to this Minor Variance application. we understand that the purpose and effect of this application is to allow relief from Section 5.6a of Zoning By-law 97-95 to allow for a 0.6 m interior side yard setback for a boathouse, whereby the lay -law requires 2.0 metres. The LSRCA has reviewed this application in the context of the Provincial Policy Statement (PPS), the Lake Simcoe Protection Plan (LSPP), and Ontario. Regulation 179/05 under the Conservation Authorities Act. This property is located on the shoreline of Lake Simcoe and is subject to the associated shoreline flooding and erosion hazards. Based on the submitted information, we recommend that any approval of this application be subject to the following conditions: 1. That the Owner obtain a permit from the Lake Simcoe Region Conservation Authority (LSRCA) in accordance with Ontario Regulation 179/06 of the Conservation Authorities Act for any development or site alteration on this site. 2. That the boathouse structure will not include any habitable space. 3. That as part of the LSRCA permit process the Owner shall provide a planting plan to enhance the shoreline to address Designated Policy 6.11 of the Lake Simcoe Protection Plan. 4. That the owner shall agree to enter into a restricted covenant for the boathouse under the Conservation Land Act to be registered on title to acknowledge that the property owner has been made aware of the risk of damage by ice and/or other relevant hazards and that they agree at their own expense to promptly repair or remove the structure in the event of such damage or alternatively, to remove the structure and restore the shoreline to its natural state. Page 1 of 2 120 Bayview Panay Tel. 905.895*1281 1,800.465.0437 web: www.LSIRCAlon.ca Newmarket, Ontario BY 3w3 Fax: 905,853.5881 E -Mail: Info@ LSRCA.on. ca Proud winner of the International Thiess Riverprfze Membp&6 f6gr jlon Ontario 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh Director... Lake Sim e kegion conservation authority January 6, 2016 Flle No: 2015-A-50 I M.S File No.: PVOC160OC2 Mr. D. Witlib Page 2 of 2 If you have any questions, do not hesitate to contact me. Please advise us of any decision rude with regard to this application. Please reference the above file numbers 'in future correspondence. Sincerely, Lisa -Beth Bulford, M.Sc. Development Planner LBB/ph C. Betty Pakulski, LSRCA, Environmental Regulations.Analyst (email only) 5:\Planning and Development Services\Planning Act\Planning Act Applications\oro-Medonte\188263 81 Moon Point Drive\01-05-2016 Bulford oro Medonte PVOC1600 2015-A-50 81 Moon Point Drive cmts.docx Page 170 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, �t M w .p U rr?rSr 0.i Its L� ~ L El �Opsl 0 0 i 0 N N ry CD N •O U x W .Cu .Cn C: O JC: CO Page 171 of 271 Director ... ■ ■ U) .. C� (D Cni .Cu — C: l . — 4-a U) -0 '— O O .C: cn X LLI Cl) a) o� Page 171 of 271 Director ... 6.h) 6:50 p.m. Report No. DS2015-133, An Leigh, u - tt i� 1� Cn W% -6--j C: M U U C:i 0 Page 172 of 271 Director ... Ayl 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... Cn 0 ---+ 0 .C: CD. Page 174 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... �t C St 0 0 Page 175 of 271 6.h) 6:50 p.m. Report No. DS2015-133, Andria Leigh, Director... � y Cn Cn CU Cn •CUA ��, ° a) � O U .', Cn L >> 30: O . t Cu 4-a O �� w ° c: a) Cu a) -0-a ° Cn C: O4 E'- �. 00 J 0- Cu OCA >% 4-a - V �c -� moo a) °)0- >%L- E .� a) L� o EmE0 �> a_� sza) C:O O L O o a) — • L O a) N -C L 3: C) '� Cn ._ u-) ._ .. .c� �-C O� >� a) E � 4- CMO LC: U I`o _ •LL Cn a °� • a a) a) ca 0.-0 0 �Cn aa)cn >Cn > 0,— Cn L Cu O- O •CM -•O Cn� },U -00 C: -0 cn a)m >LL OL :3 CU L _R •- �L CU ° '-�:3 a) L � CV •L��Cn• C7 O �L �O ��a) Ocu -a �4- E 0 — a) LU 0N M Cn. O— cu OLl.- u aro cu O a) O- L E >4- += U0 O .c:cum OO Ma) •- U � UE� L `tea) CO C:L� L O L- -0 o�L��a) o CLOL �O �' � >,�.cu a) >% vO U)C/) 0 C: Cu Cn U- L-= L-0- O OF '-E -a L >' LO co � Cn L a) � a) o cn ° � ALO>� � N� . . _ • L cU.- cn o }, a) L a) 0 c:L —J CL Cn C: M 0 _0 C) E O'>�� 'LLL - -1--j L)< O .0 �Oc I L� �� 0� CEm �- j +� U O C� L LO CLO ._ ._ � � a) cL �-o 0 L'- 0 -,cu caUO � ---j. oo a) • ° a) >2!%a) a) a) ' o 4-0= �-c -c L cu L- a) U? 4-1 Cn 4-1 L- 0 ,-, a) mon cOL to cu � L �-C: L O = U .- O CLcn CLL ACU CLQ O O 4- a) C� N M Cu Page 176 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Townsh%p of Report. Proud Heritage, ExciiinQ Future Report No. To: Prepared By: DS2015-129 Development Services Adrianna Spinosa., Committee Planner Meeting Date: Subject: Motion # January 6, 2016 Minor Variance Application 2016-A-42 (Clarke) 83 Lakeshore Road East Roll #: R,M.S. File #: 4346-010-009-50100 Lots 15 and 28, Plan 798 D13-49865 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-129 be received and adopted. 2. That Minor Variance Application 2015-A--42 by J. Clarke, specifically to permit a boathouse with a decreased easterly interior side yard setback of 1.0 metre and width of 4.9 metres (32 percent of the width of the lot at the average high water mark) and, to permit a covered porch with a decreased westerly interior side yard setback of 1.0 metre on lands located in Plan 798, Lots 15 and 28 (Oro), Township of oro-Medonte, known as 83 Lakeshore Road East, be approved. 3. That the following conditions be imposed on the committee's decision: a) That notwithstanding Sections 5.6(a), 5.6(c), and Table B1 of Zoning By- law 97-95, the proposed boathouse and covered porch 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 may be required to verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the covered porch is located no closer than 1.0 metre (3.3 feet) from the westerly interior side lot line; and that the boathouse is located no closer than 1.0 metre (3.3 feet) from the easterly interior side lot line; d) That the applicant satisfy any permits and/or approvals required from the Lake Simcoe Region conservation Authority; e) That the applicant submit a Site Plan Application and register an Agreement on title for the proposed new development; f) That the appropriate Zoning certificate and Building Permit be obtained from the Township only after the committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Development Services January 6, 2016 Report No. DS2015-129 Page 1 of 10 Page 177 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Background: An application has been submitted for a minor variance relating to the construction of a covered porch addition at the lakeside of the existing dwelling, and to replace an existing non -complying boathouse on lands located at 83 Lakeshore Road East. The application was presented to the Development Services Committee and to the public at a hearing held on December 2, 2015, requesting the following relief from the Zoning By- law: Required Proposed Section 4.0 Table B1 —Minimum interior side yard 3.0 metres 1.0 metre setback for dwelling (9.8 feet) (3.3 feet) Section 5.6(a) —Minimum interior side yard setback for 2.0 metres 1.0 metre boathouse (6.6 feet) (3.3 feet) Section 5.6(c) -- Maximum width of boathouse cannot 30% 32% exceed 30 percent of the width of the lot at the average high water mark The Committee requested additional information prior to rendering a decision, specifically relating to: 1) The height of the existing boathouse and all new heights proposed. This information is provided in Schedule 3 to this report. No changes have been made to the proposed development. 2) The heights of the windows on the westerly neighbour's dwelling. This information is provided on Page 4 of this report. Analysis: Since Staff have previously determined conformity with local, county, and provincial policies, the purpose of this report is to provide detailed information regarding the existing and proposed heights, and to analyze the impact the new development has on the subject property and surroundings. Schedule 3 to this report identifies the dimensions of the existing and of the proposed boathouse in a table format and it also illustrates the heights on elevation sketches provided by the applicant. The Zoning By-law would permit a boathouse to be constructed 2.0 metres from the interior lot line, with a maximum height of 4.5 metres (14.7 feet) to the midpoint of a gable roof. Staff are of the opinion that the proposed boathouse replacement does not increase a situation of non-compliance. By placing the boathouse 1.0 metre from the interior side lot line, it allows for spatial separation between the structure and the lot line and therefore is an improvement over the existing Development Services January 6, 2016 Report No. DS2015-129 Page 2 of 10 Page 178 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... situation in which the boathouse is currently positioned on the easterly property line (zero setback). Although the structure is moving 1.0 metre closer toward the westerly property line, it would still maintain a setback of approximately 9.47 metres (31.1. feet) from the westerly property line. For the Committee's information, the Zoning By-law would permit a boathouse with a maximum mid -point height of 4.5 metres to be positioned as close as 2.0 metres from the westerly interior lot line without the need for a Minor Variance. Therefore, the applicant's requested for relief from the Zoning By-law would appear to have less impact on the westerly neighbouring property than would development in accordance with the Zoning By-law The Zoning By-law limits the width of a boathouse to 30% of the width of a lot at the average high water mark. 30% of the subject lands is 4.57 metres (15 feet) and the applicant is proposing a width of 4.88 metres (16 feet). Staff is of the opinion that the 0.31 metre (1 foot) increase in boathouse width is minor, is not visually perceivable and will not adversely affect the shoreline character. Schedule 4 to this report identifies the dimensions of the existing dwelling at the lakeside and of the proposed covered porch addition in a table format; Schedule 4 also illustrates the heights on elevation sketches provided by the applicant. The Zoning By- law would permit the construction of an addition/covered porch up to 11 metres high, without triggering the need for a variance, if a 3.0 metre side yard setback is met. The applicant's proposal, to maintain the existing setback, and construct a covered porch, is considered appropriate development for the lot would appear to have less impact on the westerly neighbouring property than would development in accordance with the Zoning By-law. Staff note that concerns were raised by the westerly neighbour at the time of the Public Hearing on December 2, 2015 regarding: the height of the proposed covered porch, height of the proposed boathouse, and the proposed new location of the boathouse. Generally, the concerns related to the obstructed view the new development will impose for the westerly property. Staff note that the single detached dwelling on the westerly abutting property (23 O'Connell Lane) was constructed in 2013, the dwelling complied with all the requirements of the zoning by-law and did not trigger the need for any minor variances. However, the dwelling at 23 O'Connell Lane would remain higher than the applicant's proposed development, which in Planning Staff's opinion: 1) will not impact the views of Lake Simcoe that the owners of 23 O'Connell _Lane currently have over their own property; and 2) will not crowd or dwarf the existing development at 23 O'Connell Lane. (Refer to Schedule 5 to this report for a photo of 23 O'Connell Lane and the applicant's property). The Committee on December 2, 2015 requested that the westerly neighbours provide existing window height measurements on their dwelling. Although no information has been supplied by the neighbour as of the preparation of this report, Township Staff was able to obtain these dimensions from the Township's files. For the Committee's Development Services January 6, 2016 Report No. DS2015-129 Page 3 of 10 Page 179 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... information the measurements from grade to the window sills on the Westerly neighbour's dwelling are: • Approximately 2.7 metres (8.8 feet) to the lower windows (dining room), and • Approximately 5 metres (16.4 feet) to the upper windows (ensuite/main bath). Staff acknowledges the concerns raised by the public, but Staff is of the opinion that the proposed development is appropriate for 83 Lakeshore Road East and would have less impact on neighbouring properties than if the structures on the lands were developed to the maximums currently allowed in the Township's Zoning By-law 97-95. As the proposed variances are related to the construction of a covered porch and a boathouse, 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 are not anticipated to have an adverse effect on Lake Simcoe or on the character of the surrounding area, the variances are considered to be minor. Financial 1 Legal Implications 1 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, 2000 • 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: Development Services January 6, 2016 Report No. DS2016-129 Page 4 of 10 Page 180 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... • Transportation & Environmental Services Division: • Building Division: no concerns • County of Simcoe: • Simcoe county District School Board: no objection • Lake Simcoe Region conservation Authority: that the owner obtain a permit and as part of the process, provide a planting plan to enhance the shoreline to address DP 8.11 of the LSPP. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Boathouse Dimensions & Elevations Schedule 4: covered Porch Dimensions & Elevations Schedule 5: Lakeside View of 83 Lakeshore Road East & 23 O'Connell Lane Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-42 be approved, specifically, to permit the construction of a covered porch and a boathouse, on the basis that the application appears to meet the four tests of the Planning Act. Respectfully mitted: .a ,Y Adrianna ' _ osa Planner SMT Approval 1 Comments: Development Services Report No. DS2015-129 Reviewed by: OXDerek Witlib, MCIP P Manager, Planning Services January S, 2015 Page 5 of 10 Page 181 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Schedule 1: Location Map 2015-A-42 (Clarke) Development Services January 6, 2016 Report No. DS2015-129 Page 6 of 10 Page 182 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Schedule 2: Applicant's Site Plan 2015-A-42 (Clarke) LAKE ViOREI.w EW r� BLOCK IE tu b ' , M R rte" lid � f�7 murrm avYa�Jnn ONTMllE UrATM LAKE SHORE R 57 MOUND I � I EMffnmG HM 600E Z TO REMM Lill (3.33) Cp 1W LAKE S MC. OE Development Services Report No. DS2015.129 BLOCK IE January C, 2016 Page 7 of 10 Page 183 of 271 -1 e, o�lsr�. j f r ^, RRb Poste •--• (T� fl4� i Ht1 m 1 rfi ' t1`.D�• (15.37) L E M C 0 E January C, 2016 Page 7 of 10 Page 183 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Schedule 3: Boathouse Dimensions &Elevations 2015-A-42 (Clarke) Dimensions Height to midpoint Height to peek Width Length Floor Area Setback* Elevations Existing mxis ing rro vsea tonin a -iaw rye uiremenz 3.5 metres 4:3 metres 4.5 metres maximum (11.5 feet) (14 feet) (14.7 feet) 38 metres 5.79 metres N/A (12.5 feet) 09 feet) 4ire's .0 me 4.88 metres 4.6 metres Maximum 30% of width of lot at the average high water mark (13.1 feet) (16 feet) (15 feet) 9.34 metres 9.14 metres ' N/A (30.6 feet) (30 feet) 37.4 sq. rn. 44.6 sq m.. N/A (402.6 sq. ft.) (480 sq.ft.) 0.0 metres 10 rnet're 2.0 metres minimum (0.0 feet) (3.3 feet) (6.6 feet) *setback to the easterly interior side yard property line Proposed Development Services Report No. DS2015-129 (4.88) January 6, 2016 Page 8 of 10 Page 184 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Schedule 4: Covered Porch Dimensions &Elevations 2015-A-42 (Clarke) Dimensions Height to peek Setback* Elevations MM ■ r ■ =xisung rro vsea coning r3-iaw rse uirement 4.3 metres ' 6At 4 metres ' 11.0 metres maximum (14.1 feet) (21 feet) (36 feet 1.0 metre Y 1.0 metre 3.0 metres minimum (3.3 feet) (3.3 feet) (9.8 feet) *setback to the westerly interior side yard property line Proposed Lakeside Elevation Side Elevation Development Services January 6, 2016 Report No. DS201 5-129 Page 9 of 10 Page 185 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... Schedule 5: Lakeside View of 83 Lakeshore Road East & 23 O'Connell Lane 2015-A-42 (Clarke) Development Services January G, 2016 Report No. DS2015-129 Page 10 of 10 Page 186 of 271 6.i) 7:00 p.m. Report No. DS2015-129, Adrianna Spinosa, Plan... i •'fit r'J �: 5' f 'MID 0 U M C16 LLI� ca U) 'MID M IMMEME AM -j C: o (D 0'MID � _ cn ME M M cn 0 cn M M Jc: cn M. 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Motion No. DSC151007-15 Moved by Crawford, Seconded by Hughes It is recommended 1. That Report No. DS2015-096 be received. 2. And That 2015-ZBA-01 be deferred to allow the applicant to consider if they wish to address the land use planning and noise issues and to meet with the Township staff to discuss further. Carried. Motion No. DSC 151007-16 Moved by Coutanche, Seconded by Macpherson It is recommended: 1. That Report No. DS2015-096, Adrianna Spinosa, Planner, re: 2015-ZBA-01 Zoning By- law Amendment, Kate Marrs (Lazy Dayz Bed, Breakfast & Rustic Barn), 754 Horseshoe Valley Road West be received and adopted. 2. That Zoning By-law Amendment Application 2015-ZBA-01 be refused as per option 1 of Report No. DS2015-096. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services' signature. Deferred. Page 14 of 15 Page 196 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa$ Planner DS2015-096, Adrianna Spinosa, Planner, re:... Township v. f Report Proud Heritage, Exciting .Future Report No. To: Prepared By: DS2015,.098 Development Services Adrianna Spinosa, Committee Planner Meetin Date: Subject: 2015wZBA-01 Motion # October 7, 2015' Zoning By -laver Amendment Kate M a rrs (Lazy Dayz Bed, Breakfast & Rustic Barn) 784 Horseshoe Valley Road w Roll 4346 n020-wO l 0=05800 R.Q.S. File #� D1448582 Recommendation(s). Requires Action For Information 0n.IyLJ It is recommended: 1. That Report No. DS2015-095 be received and adopted. 2, That Zoning By -lave Amendment Application 2915-ZBA-01 be refused as per Option 1 of this report. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: An application for a Zoning By -lave Amendment has been submitted by Kate Marrs and Jamie Anderson of Lazy Dayz Bed= Breakfast & Rustic Barn for a property located at 754 Horseshoe Malley Road West. The land comprises 3.8 hectares (8.88 acres): having approximately 224 metres (735 feet) of -frontage along Horseshoe Valley Road vilest (County Road 22) and currently supports a single detached dwelling, a three-bedroom bed and breakfast (contained within a second detached dwelling), a detached garage, and a bank barn. A portion of the lands are proposed to be rezoned 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. The proposed new uses are in addition to the existing permitted uses of the Agricultural/Rural WRU) Zone, including a Bed and Breakfast. The bank barn is the primary structure for the Indoor element of the events and has been up brought up to standards for'assembly occupancy' in the Building Code and Fire Code for a maximum capacity of 150 persons. The portion of the property subject to the proposed amendment perimeters the existing development, as shown on Schedule 2 of this report. Development Services October 7, 2015 Report No. DS2016-095 Page I of 17 Page 135 of 195 Page 197 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... The subject property is a rural, treed site, ' adjacent to the Horseshoe valley Settlement Area. ,There are ten (IQ) residential lots,: containing single detached dwellings, abutting the north and -westerly side of the property, and ninety-six (98) residential units within the Cathedral Pines neighbourhood. The dwellings on the abutting properties are located as close as (approximately] 86 metres (288 feet) away from the barb. In June of 2014, a one-year Temporary. Use By-law was granted by Council for the proposed uses. The use was granted on a temporary bass -to provide the Township with an opportunity to assess the compatibility of special events on the subject lands with the surrounding area. Throughout the 2014 and 2,015 seasons, Planning Staff, council, and Municipal By-law Enforcement Staff received a considerable amount of complaints from the public. The purpose of this report is to consider an application for the permanent re -- zoning of the property. Analysis: Provincial Policies: Provincial Policy Statement, 2014 The Growth Plan for the Greater Golden Horseshoe, 2006 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.1 — Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns -- is applicable to this application. Section 1.1 identifies the following land use patterns: settlement areas, rural areas in municipalities, rural lands in municipalities, and territory without municipal organization. The PPS recognizes `rural areas' as a "system of lands that may include rural. settlement areas, rural lands,. prime agricultural areas, natural heritage features and areas, and other resource areas" (PPS 1.1.4). `Rural lands' means lands which are located outside settlement areas and which are outside prime agricultural areas. Based on these definitions, the Provincial Policy Statement constitutes the subject property as `rural lands' within a `rural area' and therefore Provincial Policies 1.1.4 and 1.1.5 have been analyzed. The Growth Plan for the Greater Golden Horseshoe is a framework, pursuant to the Places to Grow Act, for implementing Ontario's vision for building stronger, prosperous communities by better managing growth in the GGH to 2081. It demonstrates leadership for improving the ways in which our cities, suburbs, towns and villages will grow over the long-term. Kate Marrs and Jamie Anderson's letter dated January 10, 2018 has described the proposed use as a unique and historic rural event space and states, "the property is still in beeping with the character of our rural history, while providing guests with an enhanced resort community experience." Development Services October 7, 2015 Report No. DS2015-096 Page 2 of 17 Page 138. of 198 ........... ......... .................................. Page 198 of 271 8.a) Report No. DS2015-130, Adrianna Spinosas PlannerA%.o 0 DS2015-096, Adrianna. Spinosa, Planner, re:... Per Provincial Policy 1.1.5.2, permitted uses on rural lands located In -municipalities are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) limited residential development; d) home occupations and home industries; e) cemeteries; and f) other rural land uses. The Provincial Policy statement does not define the uses mentioned above. However, it is Staffs opinion that the proposed use does not fall under the classification of any uses noted. In Staff s opinion, `other rural land uses' is interpreted to be a general terra that blankets any land use inappropriate for the other patterns within Section 1.1 and is appropriate for the use of rural lands. Considering the number of complaints from the public throughout the 2014 and 2015 seasons, Staff have expressed a concern regarding the compatibility of the proposed use as it is adjacent to a residential area and requested that the applicant provide justification of conformity with Policy 1.1.5.4 of the PPS: "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." In response, pristine Loft's letter dated August 11, 2015 states: `=the proposed use can be considered a permitted use in the rural area (other rural land uses) based on a use of existing structures that is the basis of the business (i.e. barn facility), outdoor nature of the experience, a business that is focused around the rural landscape." The Planning Justification Report(s) received have not adequately demonstrated how the proposed special event facility is a rural land use and is compatible With the adjacent [existing] residential use. The Growth Plan "directs growth to built-up areas where the capacity exists to best accommodate the expected population and employment growth, while providing strict criteria for settlement area boundary expansions" (Places to Grow 1.1, Places to Grow, 2.2.3(b}). The Plan provides direction on population and employment growth, identifying policies on how growth will be accommodated. specifically (Places to Grow 2.2.2.1(i)), "directing development to settlement areas except where necessary for development related to the management or use of resources, resource-based recreational activities; and rural land uses that cannot be located in a settlement area". The applicant has not demonstrated why the proposed land use cannot be located within the existing Horseshoe Valley Settlement Area therefore, does not meet Policy 2.2.2.1(i). The applicant explains the business is an event venue that provides guests with an "enhanced resort community experience". On this basis, the services offered are similar to those uses that are currently permitted in the Horseshoe Malley Village designation within the Horseshoe Valley settlement Area. The only element unique to the proposal which is absent in the development at Horseshoe Valley Resort, is a barn structure. Staff recognize that the rustic barn contributes to the attraction of scheduling an event at Lazy Dayz Bed, Breakfast & Rustic Barn. However, unlike a banquet hall, the barn does not sufficiently contain noise. The applicant does not clearly explain why a banquet facility cannot be located within a settlement area should a barn be relocated or re - Development Services October 7, 2015 Report No. DS201 a=096 Page 3 of 17 Page 137 of 190 Page 199 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20 8A Report N'o. DS2015-096, Adrianna Spinosa, Planner, re:... constructed with a similar design from reclaimed materials. In Staff's opinion, the special event facility shall be directed to the Horseshoe valley village designation, Kristine Loft's letter dated May 27, 2015 references Provincial Policy 1.1.4.1 (a) and (g) — Healthy integrated and viable rural areas should be supported by: a. "building upon rural character, and leveraging rural amenities and assets" Although the zoning by -lave amendment proposes to add a neer use to an existing structure, the proposed use is nota rural use and therefore it does not positively contribute to the rural character. g "promoting opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets' In addition, "recreational, tourism, and other economic opportunities should be promoted" on rural lands (PPS 1.1.5.3). Aside from attending- a'scheduled event, the -applicant has not demonstrated how the use is diversified tourism that attracts travelers. The events are private functions and the barn is not open to the ,public, therefore it is- not a tourist attraction. In addition, the Township's Heritage Committee has neither designated the barn as a historic building of interest, nor designated the property as a historical site.. on this basis, PPS Policy 1.1.4.1(g) shall not apply to the proposed use within the subject barn. Although the applicants have not quantified the economic opportunities in a formal submission (Economic Impact Analysis Report, prepared by a qualified professional), Staff do recognize there are economic benefits generated from the use which are not quantified in the report. In conclusion, the Provincial Policy Statement and The Growth Plan for the Greater z Golden Horseshoe promote intensification, redevelopment, and mix of land uses in settlement areas. Staff is of the .opinion that the proposed land use is not permitted on rural lands, shall be directed to the existing `Horseshoe Malley -- Resort Facility area, and is not compatible with the adjacent land use. 3 County of Simcoe official Plan, consolidated 2007 The subject lands are designated `Greenland' in the County's official Plan and therefore subject to the General and Greenland policies of the Plan. Policy 3.7.0 identifies uses permitted conditionally within the Greenland designation, with acceptable results from an EIS [Environmental Impact Study] and includes `country recreational facilities'. Staff note that the County does not require an EIS to be completed for the application as the rezoning will only apply to the developed area and no further development is being requested 4 The Plan defines `country recreational facilities' as "recreational uses where the prune reason for location in rural areas is to tape advantage of natural physical features, Including the availability of large lots or land areas. They include, but are, not limited to, golf courses, campgrounds, lodges and resorts, conference centres, skiing facilities, and special event facilities." Based on this definition, the proposed new use is permitted. Development Services October 7, 2015 Report No. DS2015-096 Page 4 of 17 Page 138 of 105 Page 200 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa$ al�nn_ea�reN�O.. � ep DS2015-096, Adrianna Spinosa, Planner, re:... General Development Policy 3.3.17 requires the submission of a Traffic Impact Study (TIS) to the satisfaction of the County's Transportation and Engineering Department. As such, a Traffic Brief was prepared by C.C. Tatham and Associates, dated August 11, 2015 and the County has determined that improvements will not be required on County Road 22 due to the rezoning. Based on the noise complaints received by the public, noise has been adversely affecting the adjacent residential use. General Development Policy 3.3.15 of the County's Official Plan states: 'where a land use change is proposed that is likely to adversely affect existing uses or be adversely affected by existing uses, a feasibility study that assesses. the impacts of odour, noise, vibration, particulates, or other emissions- may be required in accordance with provincial government guidelines. Some uses (e.g. residential) may be sensitive to the ...noise ... associated with facilities... The feasibility study shall be prepared to the satisfaction of the local municipal Council and other appropriate agencies and. shall include recommendations on how impacts can be mitigated. The approval of the development proposals shall be based upon the achievement of adequate, separation distances between land uses and other mitigation recommendations" At this time, Staff have not required the applicant to complete a noise study. The applicants have requested that any additional studies or costs be conducted at the Site Plan Approval stage, once the rezoning is in place. Although this order of procedure will give the applicant security when incurring the additional costs, it does not provide staff with adequate information to determine: (1) whether noise levels are compatible with the adjacent neighbourhood; and (2) if there's an opportunity to put additional measures in place to mitigate the noise. The County has requested that if the proposal is granted that a Holding Provision be placed on the property and be subject to Site Plan Control. The County is requesting an opportunity to review and comment on the site plan application when submitted and that the applicant complete the following prior to site plan approval: 1. Submit a site Plan Review form and payment to the County, 2. Apply for an Entrance Permit from the County and widen the existing entrance to a width of 6.0 metres; 3. Submit a Site Flan to the County's Transportation and Engineering Department for approval to ensure the County Road Setback By-law is met; 4. The County requires a road widening of approximately 3.0 metres; and 5. No parking along County Road 22 [Horseshoe galley Road] is permitted. Complete comments are appended as Schedule 4 to this report. Township of oromMedonte official Plan, 2007 The Township's Official Plan designates the subject property as Rural in entirety however, it is immediately adjacent to the Horseshoe Valley Settlement Area boundary and the north and west sides of the lands abut existing single detached residential uses. Sections: A2 (Goals and Strategic Objectives), C2 (Rural), and C14 (Horseshoe valley Settlement Area) have been reviewed. Development Services Report No. DS2015.096 October 7, 2015 Page 5of17 Page 139 of 190 Page 201 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adnama Spinosa, Planner, re; ... Per Section A2.5.1, it is the goal of the Official Plan 'to "protect, maintain -and enhance- the nhancethe natural, agricultural and open space character of the rural area". Furthermore, an objective of the Rural designation is to. "prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area" (Section C2.1). As previously mentioned, the applicant has not adequately demonstrated compatibility of the proposed use for the subject property. while Staff note that a goal of the Plan is to create jobs and to provide opportunities for economic development (Section A2.7.1), the applicant has not demonstrated' hove the proposed use would promote economic development. without such a demonstration, it is Staff's opinion that. any economic development that may be generated is also achievable if the use was directed to the settlement area. Permitted uses within the Rural designation include: agriculture, single detached dwellings, bed and breakfast establishments, home occupations, home industries ... farm related tourism establishment (subject to Section C1.3.8), commercial uses on farm properties (subject to Section C1.3.9), small-scale corporate meeting facilities or corporate retreats, and existing tourist commercial uses such as private parks, trailer or recreational vehicle parks, mobile home parks, rental cabin establishments, and private campgrounds and accessory recreational and commercial facilities. The Planning Justification Report submitted by Kristine Loft, dated August 11, 2015, does not identify which use the proposed special events meets. The Rural policies- within the Plan provide requirements for new institutional uses, commercial uses, corporate meeting facilities, and new tourist commercial' uses (Sections C2.3.3(g) and C2.3.4(f)) and Council shall be satisfied that the proposed use can be "appropriately buffered from adjacent residential uses." Although the applicants have provided some operational changes, the adjacent residential area has still raised concern with noise levels. Schedule D of the Township's Official Plan identities a `Horseshoe valley -- Resort Facility' designation south-west from the subject property, (Schedule 3 of this report). Section 014..3.5 of the Pian includes policies relating to this designation and has identified that a small-scale training conference centre may be permitted on lands located at the southwest corner of the 4th Line and Horseshoe valley Road. In Staffs opinion, lands have already been designated appropriate for the proposed use and given the location, there has not been a demonstrated need for the expansion of this designation — nor is the ' designation expansion the subject of this application. Township's Zoning By-law 97-95 The subject property is zoned Agricultural/Rural (A/RU) Zone in the Township's Zoning By -lain 97-95, as amended. Duo to the size of the tot (8.8 acres), uses currently permitted on the property are generally low impact and include: agricultural uses, bed and breakfast establishments, hobby farms, home occupations, market gardens; portable asphalt plants, private hone daycare, residential care homes, and single detached dwellings. Development Services October 7, 2415 Report No. DS2015-096 Page F of 17 Page 140 of 198 .. .... .. ... .... ....... _ . ..... . P ...............202 of 271 ....._.. ..... age 8.a) Report No. DS2015-130, Adrianna Spinosa8 PlannerAe�.20.a)-Repo" DS2015-096, Adrianna Spinosa, Planner, re:... The applicant wishes to further amend the zoning by adding "indoor and outdoor special events such as banquets, weddings, receptions, or similar functions" as a permitted use. On August 13, 2015, Kristine Loft provided addend urn information to the submission including a draft by -lave. In addition t- the `special event' use addition, the applicant has proposed the following restrictions: * Events to be held between April 15 -- October 31 annually * Weekend Hours of Operation Friday and Saturday — ending of midnight * weekday Hours of Operation. Sunday thru Thursday— ending at 11:00 p.m. * Exception to • noise requirements for Hours of operation The proposed draft by-law schedule limits the development and protects the use from the neighbouring lands, as identified in green on Schedule 2. Staff is of the opinion that the proposed use is a version of a banquet hall, "premises used for the purpose of catering to banquets, weddings, receptions or similar functions for which food and beverages are prepared and served" (Section 5.0). Banquet halls are permitted in a General commercial (GC) Zone due to the volume if traffic it generates and impacts on the adjacent/surrounding property it has. Structures constructed for banquet halls are also able to contain noise better than a rustic barn may. Section 5.19 of the By-law identifies parking standards for residential and non-- residential uses. Based on the proposed uses, the following applies: USE REQUIRED PARKING SUBJECT LANDS Single Detached 2 parking spaces per dwelling 2 spaces Dwellings unit Bed and Breakfast 1 parking space per bedroom 3 spaces Establishments that is rented to travelers (3 rooms Banquet Hail 1 parking space per 9 square 42 spaces metres of gross floor area (373 S . M Y �=' ',r' J '4' � .r "7'r. r^; .q ai"w � :M .r.. ..f.:.y ;, ...'.� ,a.,., J ry �' ..s 4 �['•' r� y c.r ,.•.W } ry `�%., r.�. • .1.. ,IAr• ;;. ,Y'"'R,.�' r a. » .f'" 7+7: .�. •Z�� "..;;ye.,. .F �,:i '� L• � ..!r -.",'r ,,..7 .t "+ i. Sr , �-" '� "( %:�':'.: •'i•..•, .s•Y+•�'^�jr'iylw ,p, •lx^fwr, •L :�ti f'. .��.. ' s ,..:c of � y+,.e: r.! ..�:.� ,�.,..,f..+r.�;. .E �-'zi:,�.s . �:• a -.r;� /�'�± � j/ (j� /��J� /rte :r'n .+' /; �. L, '.,r ^ y' •i � ..��r�'c.:;+ +6p+�T. .�,: :ri -.' "1 4... 'r ry.. J � r�• \ 1... � .� .�'. f 1 �+�N ..,,,''� J �..��((:�w�•li. .�4 e• � .+T:. •we� [iZ.. Z! .r',�1`....,f ��. J' ..ik. .f�' .,;'Tr�. ,��..n.. :^- .�":tf ..�,• wij. 1:: ✓!.j.. •.fir A:.;:.,. ..JI.{".M•.r•: �.':-.l:j w4 ..�..:.]•:°:.: `y, •r7;:•rr'•• 7_.-_. �r.r.,;.�r N7+�'. a.. 1 ."''R . _ sem' L' .:j ��' �'.,,• r! .�.', ty;:p_.• �r:.. �. .}"r °�'�R,•-. .r y :�i••,^ �. ''4'y'x.. �.^1s .• � ;':r;: � . y, . �'-r' .. • rr�..::� .. -,�,. � .N ;;..i.a - ,,.r i.��' ; � �'�� . -'tom' � V,:' ''� r^ . ..[;,,'': ,: ;' •n F. ��.,, .•rl- ,; •S'.:•' .r !!. f j'�.'.�i�.!• .I'•. .Y ,[. Ji 1�y ..lj. .�� r'.l .:'., .Y�.. ~.F ,•� •: f',. .,v. � I'v..T' .'�.1:..ii L Each required parking space shall have.a width of not less than 3.0 metres and a length of not less than 0.0 metres (Section 5.20.1.1), Driveways that cross a front lot line and lead to a parking area or parking lot shall be a minimum of 0.7 metres in width for two- way traffic. The applicant has illustrated that the proposed envelope subject to the exception for special events can support 47 parking spaces. Financial / Legal implications f 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: * Planning Act, R.S.O. 1990, c, P.13 Development Services October 7, 2015 Report No. DS2015.095 Page 7 of 17 Page 141 of 190 Page 203 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. DS20,15-096, Adrianna Spinosa, Planner, re:... * Provincial Policy- Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2005 * County of Simcoe Officlal Plan, ednsona.ated 2007 • Township of Oro-Medonte Official Plan; 2007 ■ Township of Oro-Medonte. Zoning By -laver No-. 07-95, 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." Safe & Healthy Community: "to ensure that Oro-Medonte policies and programs promote .a safe and secure environment while encouraging healthy lifestyles." Sustainability; `oto build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Consultations: Notice of the application was circulated to 120 meta: radius of the property and a Public Meeting was held on April 1, 2015 in accordance with the Planning Act, Members of the public spore at the meeting and written entries were received prior to/following the meeting. To summarize, the concerns raised by the public throughout the 2014 and ` 2015 seasons primarily related to noise, traffic, and compatibility of the proposed use with the adjacent residential use. In addition, Notice of the application was circulated to Township departments, and the County of Simcoe. The following comments were received: • Transportation & Environmentai services Division: * Fire & Emergency Services: * Building Division: o All required compensating measures for life safety for use of the barn as a seasonal (no winter use) is approved. Construction was completed under permit, nothing further is required; O Owners are required to have an engineer evaluate roof each spring before use as per Tacoma Engineer's report; 0 Water tanks are to be filled each spring for onsite water for firefighting; a Main driveway to be free of obstructions at all times to ensure emergency services can respond with proper access; and 0 Portable toilets are to be provided for each event including one barrier free unit. Municipal Bylaw Enforcement: based on the Township's current legislation, the applicants are required to adhere to Schedule "A" of Noise Eby -law No. 2012-157, Section "E" , `all music/amplified sounds must not disturb neighbours after 11:00 p.m. Development Services October 7, 2015 Report No. DS2015-€ 96 Page 8 of 17 Page 142 of 190 _._..... Page 204 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner r 208. a) DS2015-096, Adrianna Spinosa, Planner, re:... Prior to granting the proposed rezoning, a noise study should be required from an independent acoustical engineer to address appropriate noise levels for the property • County of Simcoe: Staff would not object to the proposed zoning by-law amendment to permit indoor and. outdoor special events on the subject lands. However, the County is supportive of the Township's efforts to ensure land use compatibility between the proposed use and the neighbouring residential properties. Attachments: Schedule, 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Township official Plan schedule D --- Horseshoe Valley settlement Area Schedule 4: County of Simcoe Comments dated August 20, 2015 Schedule 5: Proposed Draft By-law Conclusion: In conclusion, the proposal is to permanently rezone 754 Horseshoe Valley Road west to a site-specific Agricultural/Rural Exception (A/RU*#) Zone to permit special events. Proceeding forward, the Committee's options are: Option #11: Refusal Planning staff recommends that the Committee refuse the application on the basis that the special events are not compatible with the adjacent existing residential area and the proposed use shall be directed to a more suitable designation, such .as the Horseshoe Valley Village Designation. Option ##2: Approval The Committee may approve the application, subject to a Holding Provision. The events shall not tape place until the Hold is removed and a Site Plan Agreement is registered on title. Through the Site Plan Application process, Planning Staff recommend that a peer-reviewed Noise Study be required, at the applicant's cost. Dependent upon the findings of the study, and whether or not additional measures can be put in place to mitigate the noise, the applicant shall be subject to an annual Noise By-law Exemption from Council. Through the Noise By-law Exemption process, Council shall consider noise -monitoring reports completed during the previous season. The Committee should bear in mind that if the zoning by-law amendment is approved, and the noise study results in undesirable recommendations for the applicant, this may result in a property that is zoned for a use that cannot operate. on this basis, approval is unfavourable. Option #3: Deferral Should the Committee wish to further discuss the policies and topics within this report, they may defer the application. Development services October 7, 2015 Report No. DS2015-096 Page 9 of 17 Page 143 of 100 Page 205 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Staff have considered the option to extend the Temporary Use By --law for another year and are not recommending this optica as the changes made to date by the applicant have not addressed the concerns;'raised -and Staff have no indication that anything will be achieved by a Further Temporary Use,By-law. The proposed Zoning By-law Amendment Application is not consistent with the Provincial Policy Statement and does not conform with the Places to Grow and Township Official Plan. Therefore, Staff's recommendation is to refuse the application (Option #1) on the basis that the proposed use is not compatible. Respectfully sub fitted: Adrianna Spin Planner SMT Approval /Comments: Reviewed by: Derek witilb, MC l P, RPP Manager, Planning Services Development Services October 7, 2015 Report No. DS2016-096 Page 10 of 17 Page 144 of 196 ... .. , ..... _ . _ ............ .... .... ,.. .... ..... .. .. P ................206 of 271........ _ ... .. ..... . age 8.a) Report No. DS2015-130, Adrianna Spinosa P(aQner r 208.ae eportNo. DS2015-096, Adrianna Spinosa, Planner, re:... Schedule 1: Location Map 2015-ZBA-01 (Marrs/Lazy Dayz) E HORSESHOE VALLEY ROAD W Subject Lands {754 Horseshoe Vatt�y Road Els Development Services Report No. ❑S2015.096 October 7, 2015 Page I I of 17 Page 145 of 190 Page 207 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Schedule 2: Applicant's Site Plan 9-ni s -SBA -01 (Marrs/Lazy Davz) Development services October 7, 2015 Report No. ❑S2015-096 Page 12 of 17 Page 146 of 196 .. ... .. . !0#400 ;ill JPF #' T4� tt ■**f# cif• ,0 v AL 4 . '�� }� &g v* &WO1�* Alk.. 4§ �- m -wa ..M..pr" Ui.vilbo% IL �!'n ti.litrti�., �i*4 tysi ='' LAW IVO 9,i4 * fir►+'��r 1 A 4 �42� _ Y .. �� r. i�*s4l„`�t#**i ##;� it ,'a•! it li iii E.*��!!s#i**s#*i .ts, y i*b!� ass}* �•,� ��"�_ � Ei f !*i•#!49*lfi�w! iiA#0 f#!a!#fes t;if Ilk�,t`!si*■Si*#i#lf#i*ffi!!#*s�*;ifi#iF#!!i f •#1****!*!*!'iii45 *!#ti•+i•,!!*i! t * 0*�'*iif*& #�i!i#t*!*!*#i#ilii*i,�i9 **4 ! al E!*! 4!416 *!st*!*isi#l4i+*iti#&#* 1,�}r fa!l_!! !i##i+�fF;+}t!t*i#slf}i*****#i#*#ii*e fi �f00,i#i*i#i;h�*ti #MfP!s#**wl iiiii. .r s r s• ME 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adnan-na Spinosa, Planner, re:... Schedule 4: County of S irneoe Comments dated August 20, 2015 2015-ZBA-01 (Marrs/Lazy Dayz) August 26, 2015 Adrian na Spinosa County of 5i M oda Main Line (?off) 725.9304 Planning 'Toll Free 1-886-803-9300 I 110 High y 26, Fax (705} 727-4275 Midhurst, Ontario LOL 1X0 si mcoe.lca PLANNING Planner VIA. EMAIL Township- of Oro -lel ed o me 148 Line. 7, Box 100, Oro, ON LOL 2EO Dear Ms. Spinosa, RB: Zoning Byaaw Amendment,201&-ZBA-01 South Part L.ot,1, Concession v, 764 Horseshoe Valley Read west (Count- Road 22) Township of Oro-Medonte Thank you for circulating the above noted application to the County of Sirncoe for comment. It is County planning staff's understanding that the applicant is proposing a site specific exception in the `Agdcultural/Rural' Zone to permit indoor and outdoor special events such as banquets, weddings; receptions, .or similar functions on the subject lands along with the existing permitted uses of a. resid entia [ .dwelling and bed and breakfast operation. It is also understood that the' proposal will :be subject to site plan approval. The subject property is 16 hectares (8.9 acres) in area with frontage onto County Road 22 (110rseshoe. Valley goad Wiest). The subject lands are adjacent to the settlement boundary of Horseshoe Valley.. The County provided preliminary comments on March 24., 2015 and attended a pre -consultation meeting on April 21, 2015. The County has received.and reviewed, the. requested Traffic Impact Study Brief and Planning Justification Report including a preliminary site plan. 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. Policy 1. 1.5 of the Provincial Policy Statement (PPS 2014) and Policy 2.2.2.1(1) of the Growth Plan for the Greater Golden Horseshoe (GGH).are applicable. to the development proposal. The applicant has provided a Planning Justification Report prepared by Loft Planning Inc. which outlines that the proposed development conforms and is consistent with Provincial policy. The Planning Jusfrication Report was completed on May 27, 2015 with a.ddendums on August 11 and 18, 2015. The applicant's consultant notes that the use could be permitted under "other Lural land uses" as per Section 1.1.5 of the PPS and, that the proposal is compatible with the rural landscape and sustained by rural services. Additionally, the Planning Justification Deport Development Services Report No. DS2015-096 October 7, 2015 Page14af17 Page 148 of 196 .. ........ ... ,... Page . .. 210 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Pl)agnerhe�. 20... S.aepoo. DS2015-096, Adrianna Spinosa., Planner, re:... addresses Growth Plan Policy 2.2,11(i),"which notes that development is to be directed to, settlement. areas except where necessary for development related to1he management or use of resources, resource-based recreational activities, and, rural land uses that cannot be located. in, settlement area. The report notes that the proposed use is primarily located in a restored barn with minor site alteration and, is an additional use of the existing property that is located within a larger resort recreational area (Horseshoe Valley).. The County recognizes that the proposed use is tied. to the restored bam and the rural landscape which would not be located in a settlement area and that it is.: supportive of tha neighbouring recreational resort area for lodging of overnight guests. 5ectien 3.7.6 of the County official Plan lists uses. that are permitted conditionally with in-. 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 riot limited to, golf courses, campgrounds, lodges and resorts, conference centres, skiing facilities, and special event facilities." It .appears that the proposed use would be similar to a special event facility as permitted, by Section 3.7.6. 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." The applicant's consultant has confirmed that the pro pvse toning amendment will be limited to that of the existing, dwelling, bed and breakfast and barn facility as shown on the draftion ing by-law. Therefore, the County would not require an EIS to be completed for the application. A draft site plan and by-law have been circulated to the County for review as well. As noted above, the County is supportive of restricting the area of.the proposed exception to the AgriculturaVRuraI (AG/RU) Zone and the inclusion of restrictive parameters such as number of guest, limited duration, and seasonally limited. The 11 County would note that. the general provisions for lot area is not needed in the site specific exception as this area would apply to the entirety of the subject lands. It may be prudent to illustrate an alternative location for the parking spaces located in the County road widening if the lands are developed in the future. The County understands that there may be outstanding compatibility issues with the proposed use and neighbouring residential properties to the west. while the applicant's consultant has appeared to address the land use conflicts in the Planning Justification Report, the County recognizes that the Township may wish to further address the,puhlic's concerns through additional review or imposing conditions/restrictions. Trains rtation/E na linee ring Comments Coun oa Horse ho ValleRoad 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 and Engineering Department has reviewed the Traffic Brief dated August I I, 2015 prepared by C.C. Tatham and associates in support of the rezoning request. The peak operation of the sate Will typically he on weekends betvreen May and october with most events having appro)dmately 100 to 150 guests resulting in approximately 40 vehicles arriving to the site. Sight distances at the existing entrance to. the property are acceptable and meet the County requirements. The existing entrance has a width of approximately 3.5 metres and the applicant is proposing to increase the entrance width to 6.0 metres which would bring the entrance into compliance with the County Entrance Ey-law. The proposed rezoning and resulting new vehicle trips are not expected to have any impact on the operation of County Road 22, Fuad improvements due to the rezoning will not be required. Development Services October 7, 2015 Report leo. DS2015-096 Page 15 of 17 Page 1 49 of 1 96 Page 211 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... 6.a} Report No. DS2015-096, Adrianna Spinosa, Planner, re:... The Transportation & Eng(Inee-ring 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 request that the applicant complete the follairt+ prior to bite plan approval. ). ,Pmplete a Site Plan Review form anti return it to the,Ceunty with p:ayrnent. 2) The existing entrance be required to be widened to a width of 6.0 metres and that the. applicant apply for an E ntrance'Pe rrnit from the.Coumy of Simcoe priorto any,entrance improvements taking place in acrordancO with tho, requirements of County Entrance By- law 5544; 3) submit a Traffic Impact Study., to the:'Zatisfactioh of the County, which assesses the effects that this development*� traffic W11[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 Bylaw 6604_ The Road Setbaok 'By -lave requires -all above and below ground buildings and structures to be located a, minimum of 15.0 metres 'frorn the limit of the County road 6} The existing dght-of-way on County road 22 adjacent to the subject property is approximately 30:0 metres wide.. In accordance with Schedule 6.5 of the $1mcoe County- official Plan, the, required basic right-of-way width for County road 22 is 36.0 metres. County staff has reviewed this req ulrernent :and feel that,the. full right-of-way width is necessary for future road maintenance, road improvements and stornmater flow from County Road 22. In order to m6et this right-of-way requirement, the County will require a road widening, of approximately 3.0 metres, 6) No parking along County Road 22 'will be permitted. 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 subiect 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 Simcos is requesting the road 'widening pursuant to section 41(8)&.(R) 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 and is consistent with proper safety standards. su„mmar. Therefore, County of Simcoe Planning staff would not abject to the proposed zoning by-law amendment to permit indoor and outdoor special events on the subject lands. However, the County is supportive of the Township's efforts to ensure land use compatibility between the proposed use and the neighbour€ng -residential properties. 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. 1 185 or tiffan1-thom'so &i&icoe.ca .ww�.r waw — Sjncerelyi The Corporation of the County of Sirncoe Tiffany Thompson, BES MCIP RPP Planner fl Development Services October 7, 2016 Report No. DS2015-096 Pae 16 of 17 Page 160 0 136 . _...,. .. Page f a e 212 0 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. DS2015-096, Adrianna'Spinosa, Planner, re:... Schedule 5: Proposed Draft By-law 2015-ZBA-01 (Marrs/Lazy Dayz) The Corporation of the Township of oromMedonte By-law No. 2015 ## A by-law to amend the zoning provisions which apply to lands at 754 Horseshoe Valley Road South Part of Lot 1, concession a (Medonte) Township of oro-Medonte Whereas the Council of the Corporation of the Township of oro-Medonte is empowered to pass By -lams to regulate the use of land pursuant to Section 34 of the Planning Act, .R.S-xo., c.P13, And whereas Council deems it appropriate to rezone the iandsi Now Therefore the Council of the Township of oro-Medonte hereby enacts as follows: 1, Section 7.XX - *XX PERMITTED USES IN THE AGRICULTDRALIRURAL ZONE -.is hereby amended by adding the following; "Notwithstanding any other provision of this By-law, the following permitted uses, regulations,and general provisions apply on the lands denoted by the symbol *X on Schedule A attached hereto: Additional Permitted Use: Notwithstanding Table 3, the following additional use is permitted: a) Indoor and outdoor special events such as banquets, weddings, receptions, or similar funcf'ons. General Provisions: a) Lot Area - 3.6 hectares b) Front Yard Setback - 30E metres c) Maximum Number of Guests -150 per event d) Events to be held between April 15 -- October 31 annually e) weekend Hours of operation - Friday and Saturday - ending at 1 2:00am (midnight). f) Weekday Hours of Operation - Sunday th ru Thursday - ending at 11:00pm g) Exception to noise requirements for Hours of operation 2. Schedule "A" and all other notations thereon are hereby declared to form part of this By-law. 3, This By-law shall come into force and tame effect upon being passed by Council subject to any approval necessary pursuant to the Planning Act, R.S.C. 1990, as amended. 1.4. This by-law shall take effect on the final passing thereof. Development Services October 7, 2016 Report No. DS201 a -a96 Page 17 of 17 Page 161 of 196 Page 213 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz From: Brandon Sent: Tuesday, April 21, 2015 1:10 PM To: Michael Frederiksen Cc: Leigh,, Andria; ,bane Subject: Re: Lazy Dayz The property is 10 acres and in nay opinion, the only impact from cutting down trees would focus on the end result creating an eye sore and loss of privacy. However, I'm not against any study that stops this zoning from going through. I'd also like to inquire as to why noise bylaws don't apply under any zoning conditions. Surely there must be an avenue to follow that controls the decibel level.. The owners focused on growth and the economic benefits of their business; this event barn is going to expand.... creating increased parking on that property will become a necessity; but I'm still .not convinced that there would be an impact that concludes against the -rezoning from an environmental perspective. Brandon House On .Apr 21, 2015, at 11:22 AM, Michael Frederiksen c > wrote: Another thought... impact -study should also include Environmental concerns such as cutting of forest and potential. loss of vegetation and animal species being endangered. Michael ---------- Forwarded message ---------- From: Brandon <b> Date: Tue, Apr 21, 20 1. S at 11:04 AM Subject: Re: Lazy Dayz To: "Leigh, Andria" Raleigh c oro-medonte.ca> Good day, Andria, Thank you for your time and for providing some direction on this matter. Regarding the impact study, it should focus on all aspects of concern. poise, and how it affects nearby properties in the community being the most. obvious issue. Traffic congestion is important, as well, especially considering the proposal. to widen the road for truck lanes; ultimately bringing more traffic to an awkward intersection. What is the procedure for moving forward with impact studies? what is the cost? Is there anything else I should know; perhaps a website that would provide relevant information you could recommend? Sincerely, Page 152 of 195 .................... . . P X14 of 271 ...... .. .............................. . . age 8.a) Report No. DS2015-130, Adrianna Spinosa, P1pr1ner re: 208.aReport No. Brandon House DS2015-096, Adrianna Spinosa, Planner, re:... 71 Cathedral Pines > On Apr 15, 2015, at 10:45 AM, Leigh, Andria <a1eighaoro-medonte.ca> wrote: > Good Morning Mr. Douse, } Further to your inquiry to Councillor Coutanche it would be appreciated if you could confirm the type of Impact Study that your questions relates to, for example is this specific to the noise impacts, traffic, or other impacts? > During the public meeting process certainly a number of residents provided information on a variety of impacts should the proposed zoning application be considered favourable by Council. I would have to confirm but don't believe the public comments received to date specifically requested an impact study to be required. Through the agency circulation and review of the proposed application, the County of Simcoe has identified specific study requirements (including environmental, traffic, and planning) and while other circulated agencies have the same ability to request studies through the consultation process, the Township has not received any other requests for additional studies at this time. > If you could provide some clarification regarding the type of impact study I can perhaps provide some additional information regarding pursuing such a request. > Thank you, > Andria. Leigh, MCI.P, RPP > Director, Development Services > Township of Oro-Medo.nte > ..__--Original Message----- > From: Coutanche, Barbara. > Sent: Tuesday, April 14, 2015 10:49 PM > To: Brandon > Cc: Leigh, Andria; Dunn, Robina Hughes, Harry > Subject: RE: Lazy Dayz > Brandon, > I don't know the answer to your question so I will forward your E-mail to Andria Leigh. Please let me know when you hear back. > Thanks, > Barb > Barbara Coutanche > Counci.11orward I > Township of oro-•Medonte Page 153 of 196 Page 215 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. -----Original Message----- DS2015-096, Adrianna Spinosa, Planner, re:... From: Brandon [mal*lto-. > Sent: April 13, 201.5 1:25 PM > To: Coutanche, Barbara > Subject: Lazy Dayz > Hello Barb, > With respect to Lazy Dayz and the zoning change, is there any way an Impact Study is justified? Usually, commercial interests win out in cases like this, and we feel that a vote is going to take place without anyone on council experiencing the, actual disruption. That's not right. How does someone proceed with respect to pursuing an Impact Study? Do we approach a lawyer? > Thanks for your time and assistance, > Brandon House > 71 Cathedral Pines Michael Frederiksen President, CES Canada 8 Pine Lane RR# 1 Barrie ON Canada L4M 4Y8 745--835-2325 asante0cescan.ca rx:;xr�: r►��rat� r� 9 Page 154 of 196 _ ........ _... _. .... ....... ..... ..... .. .. .. P.- gj�.. 216of 271- ,. .. .. 8.a) Report No. DS2015-130, Adrianna Spinosa PIrgnerreNo0�� DS2015-096, Adrianne Spinosa, Panner, re:... Brissette, Marie Subject: RE: Lazy Dayz (update) From: Jane mailto:] Sent: Thursday, May 7, 2015 5:29 PM To: Spinosa, Adrianna <ASpinosa@oro-rnedonte.ca> Cc:. Council ECouncil@oro-medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca>; Coutanche, Barbara <barbara.coutanche@oro-medonte.ca>; witlib, Derek <dwitlib@oro-medonte.ca>; Dunn, Robin <rdunn@oro- medonte.ca>; fgmail.com; @bell.net; Leigh,, Andria <aleigh@aro-medonte.ca> Subject: RE: Lazy Dayz (update) Hi Adrianna' Unfortunately I am not able to come up with recommendations that would be acceptable to the residents that would probably meet the needs of the owners in establishing a viable business. We understand that council wants to encourage economic development but there is a real issue around noise. We trust that the county will be dealing with the traffic, parking and environmental issues, so our issue and focus is with noise. The residents are concerned that preventing noise beyond certain hours is too difficult to enforce and has not been enforced with the temporary permit and they are exhausted by the frequency of the parties. The restrictions that would be acceptable to residents would be one event/ month with a calendar to communicate the timing and no microphone use at all as the sound travels completely, no music after 11;00 pm and property vacated except by overnight guests by midnight. As well as restrictions on numbers of guests to contain noise, maintaining trees and no expansion to allow more guests to attend or to have greater number able to stay over. Per the signed letter, we are requesting that a noise study be done and paid for by Lazy Dayz as none of the residents are noise experts and we are willing to discuss other actions if the expert has some suggestions that would meet our needs and at the sane time give Lazy Dayz a chance to have a better business. For example Sound proofing the barn or building an earth berm with fence as a sound barrier as apparently these could be methods of reducing noise. I am happy to engage in further dialogue with the appointed noise reduction expert to reduce the acceptable restrictions or if you, council or Lazy Dayz has other suggestions. Sincerely, Jane Ravenshaw From: @live.corn To: as inose oro-medonte.ca CC: council@oro-medonte.ca; har .hu hes oro-medonte.ca; barbara.coutanche oro-medonte.ca; dwitlib oro-medonte.ca; ,rdu,nn2oro-medonte.ca; 2gmaill.com; bell.net; alei h oro-medonte.ca Page 155 of 196 Page 217 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. Subjects RE: Lazy Dayz DS2015-096, Adrianna Spinosa, Planner, re:... Date: Mpn, 4 May 2015 18:54:57 -0400 Hi Adrianna, Just wanted to let you know how appreciative I am about your feedback and direction today. I have emailed all of'the residents to be specific as to their requests so that I can summarize and give to you for consideration on the rezoning. I hope I will. have this to you mid next week. Jane Ravenshaw From: @live.com To: alei h oro-rnedonte.ca; as inosa ora-medonte.ca CC: council, oro-medonte.ca; harry. hughes@orowmedo te_.ca; barbara.coutanche oro-medonte.ca; dwitlib@ora-rnedonte.ca; rdunn!oro-medonte.ca; 2gmail.com; ftell.net Subject; RE: Lazy Dayz Date: Sun, .3 May 2015 20:47:1.1-0400 Here is a corrected copy for your records with proper street names . Thank you. From:,@Iive.com To: alei h_@oro-medonte.ca; asginosa@oro-medonte.ca CC: council@orowmedonte.ca; har .hu hes oro-medonte.ca; barbara.coutanche oro-medonte.ca; dwitlib.@oro--medpnte_ca; rdunn oro-medonte.ca; @gmail.com-; bell.net Subject: Lazy Dayz Date: Sun, 3 May 2015 19:02:43 -0400 Hi Andria and Adrianna, Further the Brandon House's request for a noise impact study, the people impacted by this rezoning have hired an independent planner, Ron .Armstrong to review the current requests for impact studies and help us communicate our request for a noise impact study. I understand that this letter should be directed to Adrianna and I will drop off a physical letter at the township office tomorrow. Please see a copy as enclosed. Last night, the season began with a noisy party at Lazy Dayz that went to at least 12:45 am when I fell asleep. The temporary rezoning is up in June and the neighbours would like the noise issue resolved for the summer months so we can enjoy our back yards. Please find enclosed the formal request for a noise impact study to accompany the environmental, traffic and planning impact studies already requested. Sincerely yours, Jane Ravenshaw Page 156 of 196 ... P 218 of 271 .................... ... . .........:........ age 8.a) Report No. DS2015-130, Adrianna Spinosa, Plaianer re' 208.aKeport No. DS2015-096, Adrianna Spinosa, Planner, re:... Begin forwarded message: From: "Leigh, Andria" <alei h oro-medonte.ca> To: "Coutanche, Barbara" <barbara.coutanche oro-medonte.ca>, Brandon < grnail.com> cc: "Dunn, Robin" <rdunn@oro-med,onte.ca>, "Hughes, Harry" <harry.hughes(@,aro- medonte.ca>"wi lib, Derek" < ...__ fierek dwitl�b oro-n�edonte.ca� Subject: RE: Lazy Dayz Date: April 15, 2015 at 10:48:32 AM EDT Good Morning Mr. House, Further to your inquiry to Councillor Coutanche it would be appreciated if you could confirm the type of Impact Study that your questions relates to, for example is this specific to the noise impacts, traffic, or other impacts? During the public meeting process certainly a number of residents provided information on a variety of impacts should the proposed zoning application be considered favourable by Council. I would have to confirm but don't believe the public comments received to date specifically requested an impact study to be required. Through the agency circulation and review of the proposed application, the County of Simcoe has identified specific study requirements (including environmental, traffic, and planning) and while other circulated agencies have the same ability to request studies through the consultation process, the Township has not received any other requests for additional studies at this time. If you could provide some clarification regarding the type of impact study I can perhaps provide some additional information regarding pursuing such a request. Thank you, Andria Leigh, IVICIP, RPP Director, Development Services Township of oro-Medonte -----Original Message ----- From: Coutanche, Barbara Sent: Tuesday, April 14, 2015 10:49 PM To: Brandon Cc: Leigh, Andria; Dunn, Robin; Hughes, Harry Subject: RE: Lazy Dayz Brandon, Page 157 of 196 Page 219 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re; ,.. I don't know the answer to your question so I will forward your E-mail to Andria Leigh. Please let me Know when you hear back. Thanks, Barb Barbara Coutanche Councillor Ward 1 Township of Oro-Medonte ____-Original Message ----- From: Brandon (I Sent.: April 13, 2015 1:25 PM To: Coutanche, Barbara Subject: Lazy Dayz Hello Barb, With respect to Lazy Dayz and the zoning change, is there any way an Impact Study is justified? Usually, commercial interests win out in cases like this, and we feel that a -vote is going to take place without anyone on council experiencing the actual disruption. That's not right. How does someone proceed with respect to pursuing an Impact Study? Do we approach a lawyer? Thanks for your time and assistance, Brandon House 71 Cathedral Pines Page 158 of 196 ....................... .... w _ P 220 of 27 1 ae 8.a) Report No. DS2015-130, Adrianna Spinosa, PI : 208.a�RnerrrrepoNo. DS2015-096, Adrianna Spinosa, Planner, re:... Corporation of the Township of oro-Medonte May 2" d, 2015 148 Line 7, Box 100, oro ON LOL 2EO Attention: Adrianna Spinoza, Planner Mayor Harry Hughes and Members of Council Cc Andria Leigh RPP MCIP Re: Zoning Py -Law Amendment 201.5 -ZETA -01. South Part Lot 1. Concession 5 754 Horseshoe Valley Road west Township of oro-Medonte Mayor Hughes, Ms Spinoza and Members of Council, we are residents of Cathedral Pine Road and Pine Trail immediately abutting or close to the Subject Property. Many of us have previously commented to Council expressing our concerns and opposition to the rezoning of Lazy Dayz; many of us attended the April 15t meeting and formally registered our opposition to the proposal. Because we are not experts in re -zoning, we enlisted the help of Ron Armstrong of Armstrong Harrison Associates to review the March 25, 2015 Report from Simcoe County and advise on the status of our concerns. He has informed us that it requests a Traffic Impact Study, an Environmental impact Study and a Planning Justification Report. we support the position taken by Simcoe County in these matters, and request that Council require the Applicants to prepare and submit the studies at their expense, and that recommendations contained in the studies be made conditions of any approval of the Lazy Days application and subject to the provisions of Section 41 of the Planning Act. We note that Simcoe County's concerns did not include the impact of the proposed use on abutting residents with regard to noise which was the additional major concern expressed by residents. Oro-- Medonte's Noise By -Law seems the only possible remedy for the concerns (although acceptance of their proposal would possibly exempt them from this by-law). Even if the by-law holds, it may not be adequate to deal with the noise that results from activities to be carried out on the site. We want council to vote against the rezoning for all the reasons that have been filed by the residents; however if council is considering this rezoning, we request that it include a requirement for a Noise Impact Analysis to be carried out by an accredited professional noise expert that will specifically address the impacts of noise levels at the boundaries of all abutting property owners. The Terms of Reference for the study should include recommendations for attenuation of noise levels in the event that they are predicted to exceed Provincial standards for activities abutting residential properties. If the Analysis recommends attenuation such works snail be made requirements of Council, to be included in the Site Pian Approval under Section 41 of the Planning Act and defined as "`works in conjunction Page 159 of 196 Page 221 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, -re: ... therewith" under Subsection 4(1). in addition, we request that Council require -sufficient funds to be deposited in favour of the Township to ensure compliance, on-going maintenance of the works and replacement. If further clarification of this correspondence is required please. advise the writer. Fours truly err Jane Ravenshaw "... ��C 7/ Owner: 73 Cathedral Pine RD1,20 izy- Emaiiravens-haw@live.com ?. � l.:1 0 -7/ On -behalf of the fallowing residents of Cathedral Hines Drive and Pine Lane: -7 P/i--it- 1( .rte,_, yy r Cier. v, Page 1 ....... .. .. � ._.. ._ .. .... ., .... ,.... age 8.a) Report No. DS2015-130, Adrianna Spinosa,8paTi�eporFNo�� DS2015-096, Adrianna Spinosa, Planner, re:... c�c�,L -t - � hc� A I l �� £�.. I-_c'�� n Page 161 of 196 Page 223 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE.Event barn From: Coutanche, Barbara Sent: Sunday, June 14, 201.5 12:15 PM To: Leigh, Andria Cc: B House; Jane; Michael Frederiksen Subject: FW Event barn Hi Andria, I am forwarding you three E-mails from residents of Cathedral Pines. All three have to do with excessive mise in the afternoon! This is not just a problem at night... neighbours cannot enjoy their backyards with all the noise amplified by microphones. Neighbours have been living there for many years before an event barn popped up (they were fine. with the bed and breakfast) ...it is not like they settled around an existing event barn. They really need to have their rights considered and respected. Barb Barbara Coutanche Councillor Ward 1 Township of oro-Medonte -----original Message ----- From: B House rnailto: @gmail.com] Sent: June 13, 2015 8:01 PM To: Michael Frederiksen Cc: Jane; Coutanche, Barbara Subject: Re: Event barn We were thinking it looked like it was sizing up to be a big event. Diane and I are currently in Hamilton and not home til late. Our kids are home alone until then, so we are a little worried. Avery gets spooked when the parties are loud. We will unfortunately leave our function earlier than expected now. Event last week was a bit louder than normal. Kind of goes with the warmer weather l guess. Barb, feel free to check things out via our backyard. Brandon Sent from my iPhone Page 102 of 105 ... _...,r :,.� ,..... ... ...... . � w. ........... .... , . ........... Page 224. of 271 .. .., ... 8.a) Report No. DS2015-130, Adrianna Spinosa a'P996MN 3.0 > On Jun 13, 2015, at 7:31 PM, Michael Frederik Planner, Planner, re:... • Thanks Jane • Linda and I heard the sounds and speeches as well as the crowd and by 4pm had to go inside and close our windows. By 5:30 pm we left our place as we had had enough. Imagine having to leave our property as a result if our neighbours. I called the Barrie DPP and left a complaint with the officer. I have not heard back from any peace officer. If this is what the summer is shaping up to be like then we are very much disadvantaged. There must be a compromise. > Michael > Sent from my iPhone. Have a great dayi >a On Jun 13, 2015, at 5:52 PM, Jane <@Iive.com> wrote. - >> rote:>> I am at 73 cathedral pines » Jane >> From the iPhone of >> Jane Ravenshaw >>> on Jun 13, 2015, at 6:40 PM, Jane <@Iive.com> wrote: »a If you have a chance please swing by as event barn is on full gear. Microphones and a big crowd. Unfortunately I have guests staying over tonight and the sound of the event is really taking away from enjoying our back yard. >>> Jane >>> From the iPhone of >>> Jane Ravenshaw Page 163 of 105 Page 225 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,.Planner re: 20a) Report No. D52015-096, Adrianna Spinosa., Planner, re:... Brissette, Marie Subject: RE: lazy d ayz From: Jane f mailto:] Sent: Monday, Jure 15, 2015 10:13 AM To: Spinosa, Adrianna <ASpinosa@orowmedonte.ca> Subject: lazy dayz Hl Adrianna, I wanted to get an update from you on the rezoning and when the case will go back to council for vote on the rezoning. The noise level has not been had this year up until the last_two week -ends especially this past week -end. Again there was use of microphones and just a large crowd over the dinner hour which made it unpleasant to be outside with guests. The events take place so close to the property. There are a lot of people and just that number of people talking to each other, clapping and cheering is very disruptive. It seems really inappropriate to have a commercial event so close to people's back yards. A typical neighbour does not have a 100 people over for Saturday afternoon every week. Again, we ask for your support in the rezoning process. Jane Ravenshaw 1 Page 164 of 196 .... �. ,.......,..,.._m...__ .... .,....._.,............... . , Page 226 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,�l Weer r�e- 20aT por No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Noise Complaint - Lazy Dayz, 754 Horseshoe Valley Rd W From: MJ Foley [maiIto: @hotmaiIsom] Sent: Wednesday, May 13, 2015 8:39 AM To: Shelswell, Curtis <CShelswell@oro-medonte.ca> Cc: Leigh, Andria Ealeigh@oro-medonte.caa; Spinosa, Adrianna <ASpinosa@oro-medonte.ca> Subject: R.e: Noise Complaint - Lazy Dayz, 754 Horseshoe Valley Rd w Hello Curtis, Thank you for your reply. In regards to the temporary permit, when will it expire? Also, is it being considered for renewal, and if so, when? How can l get involved to ensure this temporary permit does not get renewed or made permanent in regards to the noise by-law exemption? Regards, Michael J. Foley On May 13, 2015, at. 8:33 AM, Shelswell, Curtis <C.Shelswell��oro-lnedonte.ca> wrote: Hello Michael, 1 have received your email and complaint form, Lazy Dayz is currently exempt from the Noise By-law with their Temporary Use amendment. 1 have attached the current Noise By-law, section "F" of Schedule "B" allows for such exemption. I will follow up with the owners of Lazy Dayz to see if this can be monitored by their staff and ask that levels get turned down at an appropriate time. Thank you, Curtis Shelswell Chief Municipal Lave Enforcement officer Township of oro-Medonte IWId II(Tisa&.. lixc itt a Flow F: (705) 487-2171 F: (705) 487-0133 148 Line 7 South oro-Medonte, ON LOL2Eo www.oro-nzedontexa Page 165 of 196 Page 227 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re; ... From: MJ Foley [maiito !2 hotmaii.com Sent: Sunday, May 10, 201512:11 AM To: Shelswell, Curtis Cc Belsey, Robert; spinosa, Adrianna; Witlib, Derek; Leigh, Andria;Esympatico.ca Subject: Noise Complaint - Lazy Dayz, 754 Horseshoe Valley Rd W Importance: High Dear Curtis Shelswell, Please find attached a formal noise complaint in regards to this evening, May 9, 2015, stemming from the Lazy Dayz Bed and Breakfast located at 754 Horseshoe Valley Rd W. I have attempted to contact a Municipal Law Enforcement Officer at 705-487-2171 prior to this email, however I followed through the prompts and received a voice mailbox. I have also left a voice mail message this evening for Adrianna Spinosa in regards to this complaint. My family and 1, which includes nay two young daughters, where hoping that the noise would end come 11pm this evening so we could finally get sone .reprieve from the loud thump. - thump -thump and hooting and hollering from the festivities going on at the Lazy Dayz. we are not sure of how much more this we can handle as it has become very disruptive to the and enjoyment of our property during the day and the ability of my daughters to sleep in the evenings. I do not find it acceptable for an 8 and 10 year old to have to wait until past midnight, if we are lucky, for the noise to settle down so they can finally get some rest. Their bedrooms, as well as mine, back directly onto the Lazy Dayz property. This is now the 3rd time in the past two weekends this has occurred this year. This is also the second weekend that Lazy Dayz has booked events, so they are "batting 1000" thus far and they are booked solid for the remainder of 2015 from what I hear. The noise was also an big issue for us as well last summer and fall, and looking back now and seeing what appears to be a total lack of regard for the peaceful enjoyment of by property by Lazy Dayz, I wish I submitted this complaint sooner to draw attention to the serious of this matter. The noise is akin to placing a large night club in the middle of a residential neighbourhood, it just doesn't make sense. I've never experienced anything such as this and am completely dumbfounded on how this has been allowed to continue thus far. Please contact me should you have any questions and thank you for your prompt attention regarding this matter, Regards, Michael J. Foley 59 Cathedral Pine Rd. Page 166 of 196 ...... ...... Page .... 228 of 271 .._ ... .�... _ . . 8.a)'Report No. DS2015-130, Adrianna Spinosa P1fReeort�lo0�� DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Noise Complaint - Lazy Dayz, 754 Horseshoe Valley Rd W From: M,1 Foley [mailtoxj Sent: Sunday, May 10, x,01512:11 AM To: Shelswell, Curtis <CShelswell@oro-medonte.ca> Cc: Belsey, Robert trbelsey@oro-medonte.ca}; Spinosa, Adrianna <ASpinosa@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca>; Leigh, Andria Raleigh@oro-medonte.ca}; @sympatico.ca Subject: Norse Complaint - Lazy Dayz, 754 Horseshoe Halley Rd Importance: High Dear Curtis Shelswell, Please find attached a formal noise complaint in regards to this evening, May 9, 2015, stemming from the Lazy Dayz Bed and Breakfast located at 754 Horseshoe Halley Rd W. I have attempted to contact a Municipal Law Enforcement officer at 705-487-2171 prior to this email, however I followed through the prompts and received a voice mailbox. I have also left a voice mail message this evening for Adrianna Spinosa in regards to this complaint. My family and 1, which includes nay two. young daughters, where hoping that the noise would end come 1.1pm this evening so we could finally get some reprieve from the loud thump -thump -thump and hooting and hollering from the festivities going on at the Lazy Dayz. We are not sure of how much more this we can handle as it has become very disruptive to the and enjoyment of our property during the day and the ability of my daughters to sleep in the evenings. I do not find it acceptable for an 8 and 10 year old to have to wait until past midnight, if we are lucky, for the noise to settle down so they can finally get some rest. Their bedrooms, as well as mine, back directly onto the Lazy Dayz property. This is now the 3rd time in the past two weekends this has occurred this year. This is also the second weekend that Lazy Dayz has booked events, so they are "batting loco" thus far and they are booked solid for the remainder of 2015 from what I hear. The noise was also an big issue for us as well last summer and fall, and looking back now and seeing what appears to be a total lack of regard for the peaceful enjoyment of by property by Lazy Dayz, I wish I submitted this complaint sooner to draw attention to the serious of this matter. The noise is akin to placing a large night club in the middle of a residential neighbourhood, it just doesn't make sense. I've never experienced anything such as this and ani completely dumbfounded on how this has been allowed to continue thus far. Please contact ane should you have any questions and thank you for your prompt attention regarding this matter, Regards, Michael J. Foley 59 Cathedral Pine Rd. Page 167 of 196 Page 229 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 8.a) Report No. DS2015.096, Adrianna Spinosa, r, re:... Municipal Law Enforcement Division ""'�►�� Township of Proud .heritage, Excithtg Future Complaint Porta Date: —09 -May -201-5 Name: Michael Fole Address: Ar \ Phone. 705 Home Email.: Address of Concern: Owner: (if Known) Time: jj : 3,j)m Cell .. corn Lazy Dayz, 754 Horseshoe valley Rd W Reason of Concern: _-Excesslyg noise coming from Lhe special function being held at Lazy Dayz . The noise is loua and dlsturni'ng my young c 1 dren, and my rife and Ifrom slee in and. remaining asleep. The music and hooting and hollering is 15M anC preventing meETC= enD dying use of my Signature ofComplainant: ro ert . This is unacceptable., (Not required if sent via electronic mail) Note: All complainant inf rmation must be completed, dated and signed. Investigations will not be conducted on incomplete farms. Complaint forms can be submitted in person, by tax, email and regular mail to the Township ice, 148 Line 7 South oro-Medonte, ON LOL 20. Altemative formats of this document are available upon request. Personal information contained in this form is collected under the authority of the Municipal Act, .2441, Chapter 25, as amended, and will only be used for the purposes for which. it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Division, 148 Line 75:, Oro-Medonte, [Ontario UL 2EO Phone: 705-487-2171, Fax 745-487-0133. 148 Lfi-ie 7s o Lith, Box 100 P: (70? www. oro medonte - c a Ora, Ojitario LOL 2 O F: (705) 487--0133 r'clyt: I VV VI 1%17V . _ _. .... �....... ,, ..., . � .. �..... .. .. .. .. .. � F' ... ge230of 271. _ ..... .. - a 8.a) Report No. DS2015-130, Adrianna Spinosa,8p.alT� por�NoO... DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz B & B _____Original Message ----- From: Coutanche, Barbara Sent: Monday, June 15, 2015 5:46 PM To: Leigh, Andria Subject: FW: Lazy Dayz B & S Hi Andria, Just another complaint/ comment from a resident of Cathedral Pines. Barbara Coutanche Councillor Ward 1 Township of Oro-Medonte -----Original Message ------- From: TOM FENDLEYmailto:fendley3 a@sympatico.caj Sent: June 15, 2015 2:32 PM To: Coutanche, Barbara Subject: Lazy Dayz B & B. Barb, Once again I have to point out the noise around the Lazy Dayz B & B. This is simply inappropriate noise and activity to destroy a quiet neighbourhood community which was has been here long before the last two years activities. We recognize the barn was there first, however as an agricultural property. When it was developed into a B & B it did not affect our lives. Saturday June 13th: The noise and speeches from the crowd is amplified with the microphone. Is this what we have to anticipate all summer ? This was in the late afternoon / supper time. A few weeks ago there was another Saturday night event with the music and it that went to the early hours of the morning and there were vehicles left parked on the shoulder of Horseshoe Valley Road until the next morning. Can you advise me the status of the Lazy Dayz application ? This is not about the people who are running this business, this is simply the wrong location for this type of activity. Thank you, I look forward to hearing from you. Torn Fendley Page 169 of 196 Page 231 of 271 8.a) Report No. DS2015-130, AdrIanna Spinosa,.Planner re: 20a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... June 25, 2015 Township of Oro-Medonte 148 Line. 7 South oro-Medonte, Ontario LOL 2EO To whom it may concern: I am writing you on behalf of the Oro-Medonte Economic Development Roundtable with regards to Lazy Dayz Bed, Breakfast, and Rustic Barn. Roundtable members were provided an opportunity to tour Lazy Dayz on June 1, 2015 and were very impressed by the quality of its facilities and the professionalism of its owners. Questions and concerns related to potential impacts to neighbouring properties as a result of the events it hosts were thoughtfully answered. Efforts to mitigate issues such as noise and parking have also clearly been considered and addressed. As you are aware, support for the tourism sector and attracting visitors to the Township are major areas of focus in the Township's Economic Development Plan that was endorsed by Township Council. That plan is also incorporated into the municipality's overall corporate strategic plan. The success of tourism -based businesses in the surrounding area such as Horseshoe Resort -and Settler's Ghost Golf club, as well as those in the village of Craighurst, is largely dependent on the spending of visitors brought to the area by businesses such as Lazy Dayz. Its proximity to those businesses and its location on the Horseshoe valley Road corridor make it ideally situated to provide benefits to the Township's- economy. We look forward to seeing and hearing more of the positive effects that Lazy Dayz has to offer to aro-Medonte. ncerey, Paul Miller Miller Chair, Oro-Medonte Economic Development Roundtable Page 170 of 196 Page 232 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,8PITpperr�No�� DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz Event Barn _----Original Message ----- From: Foley, Mike @scdsb.on.ca] Sent: Sunday, July 25, 2015 5:23 PM To:. council <council@oro-medonte.ca>; Jane < live.com>; Spinosa, Adrianna <ASpinosa oro- medonte.ca>; Michael Frederiksen. <f a@7gmail.com> Subject: Lazy Dayz Event Barn Dear Council, We are the Foley family and we reside at 89 Cathedral Pine Rd. We are neighbours to Brandon and Diane House and our family too has unfortunately been severely affected by the noise from the Lazy DayZ event barn. Last Saturday evening July 18th, 2015 the noise corning from the event barn was unbearable and very disruptive for me and my young family. The yelling, the loud music, and the festivities kept my two daughters up well after their bedtimes as the noise did not settle down till well after midnight. we do not have air conditioning not do we wish too. Living amongst the trees and using natures natural cooling abilities while being green was a big draw for us when moving from orillia to Cathedral Pines 8 years ago. As such, our daughters bedrooms face our backyard and unfortunately that also means they face the event barn about 150 feet away. We are starting to see the negative impacts the disruptive noise and ongoings at the event barn is having on our daughters ability to sleep and health, as well as our ability to sleep and our health. We are almost always kept up till lam every time there is an event at Lazy Dayz. our family is in desperate need of a solution as this current situation is not feasible. we are desperate and turning to you for your assistance in this matter. Last night, Saturday July 25, was no different. We heard every speech, every whistle, every scream, and every song and lyric word for word it is that loud. There is no buffer between the barn and our home 150 feet away. I can see the event barn from my backyard it is that close. The noise is just not acceptable for a residential neighbourhood period. It's as simple as that. There is also an event going on there today, and again we are chased back indoors, but with the heat outside and no ac and our windows open, it makes no difference. We feel we are hostages in our own home. It is really a sad situation and our family is a screaming out for peaceful enjoyment of our property to return. I have called the by-law hotline on several occasions however I never get a response. I have even attempted on many occasions to contact the by-law office by email and received no reply or a generic reply several weeks later. I have also contacted the planning department several times by email and phone regarding Lazy Dayz and have received no response. As a resident of oro-Medonte the lack Page 171 of 195 Page 233 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. attention to this matter as well as the- lack of serioLQ1§-M@%"@*Pll 15Q►lGI$@uP9rqer; re:... frustrated and exhausted. I understand there .is an upcoming vote to be held on the permanent approval of Lazy Qayz refining application. 1 would a�pr�c'ate it if any and all information regarding this could he forwarded to me. Thanks in advance. Regards from an exhausted and frustrated family needing you help, Michael J. Foley 69 Cathedral Pine Rd. Page 172 of 196 .. P age 234 of 271 .. .......... -11... ..... . ......................................... 8.a) Report No. DS2015-130, Adrianna Spinosa,8P-a'T�epor�No�� DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject; RE: 754 Horseshoe Valley Road West (2015-ZBA-01) _____Original Message ----- From: lazydayz [mailto-lazydayz@on.aibn.com] Sent: Wednesday, July 29, 2015 1:03 PM To: Witlib, Derek <dwitlib a�7oro-medonte.ca>; Spinosa, Adrianna <ASpinosa@7a oro-medonte.ca> Cc: Kristine Loft <kristine@a loftplanning.com> Subject: Fw: 754 Horseshoe Valley Road West (2015-ZBA-01) Good Afternoon (again!) Derek & Adriana We respect the need to follow the process for our amendment request; Jamie and I have ensured all the requests made by the Township 1 county and others have been met. This Includes the retentention of a planner and more recently, a traffic specialist, to ensure we satisfy the expectations properly. I was a little surprised to read the email below where 'events which have not been permitted since the Temporary Use By --laver expired" was noted. During our meeting with the Township, County and Kristine Loft on April 21 st 2015, it was acknowledged that as we "continue to work within the process and move forward" scheduled events may be held, although we are all aware the temporary permit has expired. I want to assure you, we remain committed to seeing this process through to completion. It has been noted often that our ongoing level of co operation has been exceptional. I am sure it comes as no surprise to anyone, that some residents continue to complain. However, as I have noted in previous correspondence, many of those who were vocal at the public meeting, have recently sold their properties, and are soon to no longer be neighbours. There will always be chronic complainers. We continue to follow all the operational measures we have described, and we also frequently drive around and walk down our neighbouring streets, as the Mayor and others have done eg By -Law Officers to gauge the level of "noise". We are continuing to work with our consulting team to finalize our submissions. With our best regards Kate Marrs & Jamie Anderson Lazy Dayz _-__- Original Message From: "Spinosa, Adrianna" <ASpinosa@oro-medonte.ca> To: "Kristine Loft" <kristine a@loftplanning.com> Page 173 of 195 Page 235 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. Cc: "Kate Marrs" <lazydayz@on.aibn.com> DS2015-096, Adrianna Spinosa, Planner, re:... Sent: Wednesday, July 29, 2015 11:48 AM Subject: RE: 754 Horseshoe Valley Road West. (2015-ZBA-01) > Kristine, • Planning Staff, council, and the Municipal By-law Department have • continued to receive noise complaints for the events which have not • been permitted since the Temporary Use By-law expired. • The Township had indicated a submission deadline of July 24, 2015 to a allow for the material to be reviewed and presented at the Development • Services committee Meeting scheduled for August 13, 2015. > Without a more definite resubmission timeline from you/your client, Staff will be preparing a report for the Development Services > committee at the next available meeting, September 2, 2015. if there > is additional material that should be considered prior to the writing > of the report, the deadline to submit is August 7, 2015. > Regards, > Adrianna > Adrianna Spinosa > Planner > Township of Oro-Medonte > -----original Message----- > From: kristine@loftplanning.com [mailto:kristine@loftplan.ning.com] > Sent:Monday, July 27, 2.015 11:38 AM > To: Spinosa, Adrianna <ASpinosaa oro-medonte.ca> > Cc: late Marrs <Iazydayz a@on.aibn.com> > Subject: RE: 754 Horseshoe Malley Road West (2015-ZBA-01) > Adrianna, > Thank you for the inquiry. We are awaiting the traffic report and will > submit as soon as received. The planning justification has bee -n > completed - we will submit together. > Kristine > on 2015-07-27 10:31, Spinosa, Adrianna wrote: >> Hi Kristine, >> The reason for my email is to check how the progress on the >> resubmisslon is going. a� >> In response to my letter dated. June 24, 2015, can you please let me >> know when you anticipate to have materials back to the Township for Page 174 of 105 ..... . P236 ' of 271 ': age 8.a) Report No. DS2015-130, Adrianna Spinosae JpppsmN30 » review. DS2015-096, Adrianna Spinosa, Planner, re:... Thanks, Adrianna Adrianna Spinosa Planner Township of oro-Medonte P: (705) 487-2171 F: (705) 487-0133 148 Line 7 South oro-Medonte, ON LOL2EO www.oro-medonte.ca _---_-..------------------ FROM: Spinosa, Adrianna a SENT: Wednesday, June 24, 2015 2:38 PM To: Kristine Loft <kristine aioftplanning.com> » CC: Thompson, Tiffany <Tiffany.Thompson a@7simcoe.ca>; Murphy, Paul <Paul.Murphy@simcoe.ca>; Kate Marrs <lazydayz@on.aibn.com>; Jamie » Anderson < yahoo.ca>; Witlib, Derek <dwitlib a oro-rnedonte.ca> SUBJECT: 754 Horseshoe Valley Road Vilest (2015-ZBA-01) Kristine, Please find attached the Township's comments for the zoning By-law Amendment (application 2015-ZBA-01) for 754 Horseshoe Valley Road (Lazy Dayz). >> if you require further information or clarification on the attached, do not hesitate to contact me. Regards, Adrianna �a Adrianna Spinosa Planner Township of oro-Medonte » P: (705) 457-2171 F: (705) 487-0133 148 Line 7 South 3 Page 175 of 196 . Page 237 of 271 8.a). Report No. DS2015-130, Adrianna Spinosa,,,RaDner r � 20a)eport�]o. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Maroie Subject: RE: drumming -----original Message ----- From: Doutanche, Barbara Sent: Sunday, August 15, 2015 1:27 PM To: Hail, Phil <phi1.hall@.oro-medonte.ca>; Jermey, Scott <scott.jermey a oro-medonte.ca>; Macpherson, Scott <scott.macpherson a@oro-medonte.ca>; Crawford, John < ohn.crawford@oro- medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Dunn, Robin <rdunnoro- medonte.ca>; Hughes, Harry <harry.hughes aoroymedonte.ca- ; Leigh, Andric Raleigh@gro- medonte.ca> Subject: Fw: drumming Sent from my BlackBerry 10 smartphone on the Bell network. Original Message From: Brandon < gmail.com> Sent: Saturday, August 15, 2015 5:42 PM To: Coutanche, Barbara Subject: drumming Hi again Barb, The drumming stopped some time after Spm. The bylaw officer came through around 5, dinner time, and left around 5:15. He parked down on Pine Lane; we were walking through the subdivision with our dogs at the time. It is unfortunate that nothing could be heard at Lazy Dayz at the time the officer chose. This seems to be the way of things, so sad for us here in the subdivision. Hopefully the evening will be quieter this weekend. Brandon Page 175 of 190 ..................... ........................ Page 238 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,8 a��Rnporte1Vo�� DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, 'Marie Subject: RE: lazy dayz -----original Message ----- From: Coutanche, Barbara Sent: Sunday, August 10, 2015 1:29 PM To: Hughes, Harry <harry.hughes@oro-medonte.ca>; Hough, Ralph <ralph.hough a@oro- medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca>.; Jermey, Scott <scott.jermeyoro- medonte.ca>; Macpherson, Scott <scott.macpherson a@oro-rnedonte.ca>; Crawford, John <john.crawford c oro-medonte.ca>; Hall, Phil <phil.hall@oro-medonte.ca>; Leigh, Andria <aleigh a@oro-medonte.ca> Subject: Fw: lazy dayz Sent from my BlackBerry 10 smartphone on the Bell network. Original Message From: Jane < a@live.com> Sent: Saturday, August 15, 2015 11:48 AM To: Brandon; . Council; Spinosa, Adrianna Subject: Re: lazy dayz Hi Council members and Adrianna It is 12:00 noon and I have left a message at Lazy Dayz as the drum practice that went on last night through trying to have dinner outside until it rained (thank goodness) was really noisy, has started up again. I am sitting inside with windows closed and air conditioner on and hear the thumping. I am going to leave my residence shortly to stay with my sister tonight in Huntsville because I can tell it will be another bad night. r This is not just Saturday night but has spread to Friday night and Saturday. This is really affecting the lives of the residents. People need to leave their homes to escape the noise. I know you are working on putting provisions in to change the zoning to allow these events but please take into consideration how noise is adversely affecting the lives of the residents throughout the summer. You need to ensure adequate sound proofing/ restrict number of events. It does not make sense to me for council to approve the set up a commercial outdoor event enterprise in the back yards of a residential sub -division. These are not small family gatherings that can be compared to what a normal resident would have at their home. Thanks Jane Jane Ravenshaw 73 cathedral Pines Rd Page 177 of 195 Page 239 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,.Planner re: 20a) Report No. D.S2015-096, Adrianna Spinosa, Planner, re:... From:.Brandon < gmall.com> 8e'nt-. August 11, 2015 10:46 AM To: council a@oro-medonte.ca Subject: lazy dayz Good day, The event held at Lazy Dayz this past weekend was one of the more disruptive this season. Though the events this season still pale in comparison to what we experienced during the 2014 season, the events this year still stand as a testament to the lack of ability of the owners of Lazy Dayz to control the, events at their establishment, where noise is concerned. However, this is no- longer just about noise disruption. This is also about our health. If you'd like clarification, I am happy to provide details. Hove many weekends does Lazy Dayz have to prove they are capable of running events that do not disturb the surrounding area? Please do something about the events at Lazy Dayz Event Barn. Thank you, Brandon House 71 Cathedral Pines Page 178 of 196 . .. .. _. ,.._. .......... ... , _. ... � . ... ... ,........ � .. P ..............240 of 271 .. ..... age 8.a) Report No. DS2015-130, Adrianna SpinosaS a1PR9$SRN3.0... DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz From: Coutanche, Barbara Sent: Sunday, August 15, 2015 1:24 PM To: Jermey, Scott <scott.lermey oro-medonte.ca}; Hough, Ralph Eralph.hough_(Toro--medonte.ca>; Hall, Phil hil.hall ora-rned0nte.ca>; Macpherson, Scott escott.mac herson oro-medonte.ca>; Crawford, John <`ohn.crawford oro-medonte.ca>; Hughes, Harry <harry.hu hes2oro-medonte.ca>; Dunn, Robin <rdunn@oro- rnedonte.ca>; Leigh, Andrla <aleigh@aro-medonte.ca> Subject: Fw: Lazy Dayz From: Lance Chilton < Sent: Saturday, August 15, 2015 12,959 PM To: ]ane Cc: Subject: Re: Lazy Dayz Minutes before receiving Jane's email l too had just finished sending a message to Barb Coutanc.he, and copying in Lazy Dayz. I sent the email through the Township website so I can't cut and paste it for you, but it echoed Jane's concerns. I have copied in .Barb on this as well as Mayor Hughes. The conceit that Lady Dayz are being `good neighbours" ( as per their claim ) is moronic. Their imperative to derive income from their property in no way supersedes our right to peaceful. enjoyment of our priorities, period. Using the same flaccid Logic as they do,1 should be able to put up a ten -storey condo across the road from the fire hall, as .l could sure make money doing that. But the rezoning would not be allowed. And neither should this, as the constant barrage of noise that is having no positive impact, economically or otherwise, on life in HSV. I have also contacted Lazy Days, as well as oro bylaw officers, with no response. We need to be present en masse for the vote in September, and council needs to put to good of the whole ahead. of the benefits to a very few, at the ex ense of many. To do otherwise would be an abrogation of duty. Lance Chilton Broker RE/MAX Chay Realty Inc., Brokerage Cell 705-795-5167 Office 705-739--0055 la n ceQth ec h i lton team . corgi www.thechiltonteam.com Page 179 of 196 Page 241 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,.Planner re: 20a) Report No. n.q*,?n1 _r-,_nAR Aririanna Spinosa, Planner,. re:... Barbara Coutanche Councillor Ward 1 Township of oro--Medonte On Aug 15, 2015, at 12:07 PM, Jane <Jravenshaw . ivexom> wrote: Residents, I write this entail while listening to the drums that have already started before noon on Saturday. I am sure tonight's event will be loud again but I have decided. to leave rather than .find out! I have left a message at Lazy Dayz to complain about the noise.. See below the email from Barbara on suggesting attendance for the vote on the rezoning in September. it would be helpful for as many residents to come as possible. If the noise disturbs you please continue to write to Barbara or the council . The email is eounellnoro- medorzte.ca Thanks to the residents who have been voicing your concerns. Barbara continues to be supportive. Jane Ravenshaw 73 Cathedral Pines rd From: Coutanche, Barbara <barbara.coutanche koro-medonte.ca> Sent. August 12, 2015 8-600 AM To: Jane Subject. RE. Lazy Dayz Jane I forwarded your E-mail to council to keep them informed. I believe this zoning is coming up in September and I will give you and your neighbours who have contacted me the specific meeting when I know. My suggestion is that these neighbours need to be at this meeting with details about how these events disrupt your lives. Barb Barbara Coutanche Councillor ward .I Township of Oro-Med.on.te Page 180 of 190 . ........... Page 242 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,8 J?Rnrofffigo... -----Original Message----- DS2015-096, Adrianne Spinosa, Planner, re:... From: Jane [glive-com] Sent: August 11, 2015 6:36 PM To: Coutanche, Barbara Subject: Lazy Dayz Hi Barbara., This Saturday's event was really noisy. I went to bed at 10:00 pxn I could not sleep even with all the windows closed because of the thumping of the bass. We could not eat dinner outside even though I tried putting our own music on to drown out the applause, announcements etc. but we had to retreat inside. The music did turn off at 11:00 pm. Can you let us know what recourse we have. I ant lucky enough to be away several weekends this summer but my neighbours get no reprieve. It must be awful for young families where the kids go to bed earlier. What are next steps? Thanks for your help. Jane From the ]Phone of Jane Ravenshaw Page 181 of 196 Page 243 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Layz Dayz...Continuing unacceptable issues that need a Resolution From: Coutanche, Barbara <aarbara.Coutanche@oro-medonte.ca> Sent: Tuesday, August 18, 2015 10:45 AM To: Lance Chilton Cc: Hughes, Harry; Hough, Ralph; Hall, Phil; Jermey, Scott; Macpherson, Scott;. Crawford, John; Dunn, Robin; Leigh, Andria Subject: Re: Layz Dayz...Continuing unacceptable Issues that need a Resolution Lance, 1 am disappointed in the tone of your E mail. I have been in backyards and driven around and listened on many occasions on weekends.. other councillors have done the same in an effort to hear first hand the problem. I have also told Brandon to call me when there is noise. I don't call this not taking this issue seriously. Ba rb Sent from nay BlackBer........... r .......... . 1ry1 . .... 10 smart........ .,..-..._..__ ------ Iphone on tI ...... ......he Bell network. From: Lance Chilton Sent: Monday, August 17, 2015 11:07 AM To: Michael Frederiksen Cc: Brandon; Coutanche, Barbara; Mike Foley; hotmail.com; Jane; ebony ebony; Tom Fendley; Ann McGee; symnatico.ca; Teeter, Janette; laZyda. g@on•aibn.com; Hughes, Harry; bell.net Subject: Re: Layz Dayz...Continuing unacceptable Issues that need a Resolution It; s hard to know what we need to do to get our ward Councillor and the rest of our representatives to take this seriously. Direct communication does not seem to be working. So far we are seeing nothing but an inordinate amount of skepticism from. councillor Coutanche as to the validity of our claims, and no real commitment whatsoever from anyone to engaging properly in the process of addessing them.. The notion that a five rniniute drive-through by a bylaw officer is sufficient due diligence is really negligent, but that is the nacre of the response we are getting. Not sure what the answer is here_, but clearly Council does not think this is a matter of importance. Possibly a funded campaign targeting both our disengaged Council and the bylaw offenders is needed. Lance Chilton Broker RE/MAX Chay Realty Inc., Brokerage Cell 705-795-5167 Office 705-739-0058 lance@thechiltonteam.com www.thechiltonteam.com Page 182 of 196 ... . _ � .:..,, .. , .._ .... .., . .. ..... P ... , 244 of 271. .... ......... . age 8.a) Report No. DS2015-130, Adrianna Spinosa,8aTMeporFNo�.�� ns2n15-048 Arlrianna Spinosa, Planner, re:... on Aug 17, 2015, at 10:05 AM, Michael Frederiksen _0<_a:i l.co-n> wrote-: Dear Neighbours Yesterday's (16108) event at Layz Dayz was intrusive and distressing. Unacceptable noise levels caused our barbecue function with friends to be moved inside. The hooting and hollering of patrons and the PA announcer's comments just plain made us mad. I will repeat that, damn mad. There is no justification for anyone to break the law. Noise is noise at any time of the day, not just after a certain hour of the evening. There is no magic around the l Ipm marker when all good neighbours should tone things down. The bylaw that refers to noise refers to any time of the day or night. The owners of Layz Dayz events must be held accountable and responsible for the activities they sponsor. The Oro Medonte Council has a duty to uphold the bylaws it has passed. At this point neither party has taken sufficient steps to resolve this ongoing issue. Our questions to the Council are straight forward. In light of all you have heard to date, what resolution will you make to preserve the integrity of the law and the duty of care you have to those citizens who continue to be bombarded by unwanted and unsolicited noise? Secondly, how will the Council deal with the previous extension granted to the proprietors of Layz Dayz given that it is no longer in effect? These concerns will not go away - they must be dealt with according to law by using a common sense approach to resolve this community conflict. Sincerely Michael and Linda Frederiksen 8 Pine Lane R.I Barrie ON L4M4Y8 On Aug 17, 2015, at 8:49 AM, Brandon mai l.com> wrote: Very discouraging to hear, Barb. Even if the councillors never hear any noise, it is unacceptable to allow a Commercial Business (Event Barn) to back onto a residential area. what about the potential for future conflict? There are more events being held at this establishment and they aren't getting quieter. we are currently in our second summer of conflict with the temporM permit. A lot of people are complaining and it Is not because the weddings at Lazy Dayz are quiet, festive events. Barb, perhaps it is time someone simply called Lazy Dayz and ask the owners themselves about the nature of the noise. I wonder what Kate would say when asked how long the drumming went on for this past Saturday? All you have is the word of a Bylaw officer who showed up after the Page 183 of 196 Page 245 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,.Planner re: 20 a) Report No. drums had played for 5 and a half hours. Whata��b�rt�lli�,�trl�lit ��i�11�rineC, re:... taking place on a humid Sunday evening? Yes, there was another event at Lazy Dayz this past Sunday evening, Barb. That's 3 of the last 4 Sundays in addition to every Saturday. How do 1 -know this? It is because of the noise! Alas, we give up, Barb. We have no confidence that the current council will vote against the,, rezoning and it is a very stressful and frustrating feeling. I guess we will move from our "forever. home" so Lazy Dayz can have theirs. On another related note: one resident of Cathedral Pines was told by township staff that residents will not have an opportunity to speak. at the council meeting when the vote is to take place, which. is discouraging. would you confirm this please? Hope. you are enjoying your weekends, Barb. we're not. Regards, Brandon and Diane House On Aug 16, 2015, at 8:35 AM, Coutanche, Barbara <barbara.coutanchecDoro- medonte.ca> wrote: Brandon, 1 Am away until Wed but will be around next weekend. Unfortunately in conversations with. 3 other councillors who have made a point of being in the neighbourhood on Sat....,.they have also heard no noise. Brandon 1 also have been there many nights, (in. front of your home, down Pine Lane and in front of Lazy .Dayz)...sarne thing. l am sure there must be an issue or you would not be contacting me. Don't know what the outcome will be when this comes up on Sept but 1 will do my best. Just trying to keep you posted and be honest with you. Barb Sent from. nay BlackBerry 1.0 smartphone on the Bell. network. Original Message Froin: Brandon Sent: Saturday, August 15, 2015 5:42 PM To: Coutanche, Barbara Subject: drumming Hi again. Barb, The drumming stopped some time after Spm. The bylaw officer came through around 5, dinner time, and Left around 5:15. He parked down on Pine Lane; we were walking through the subdivision with our dogs at the time. 8.a) Report No. DS2015-130, Adrianna Spinosa,8P . pgerr�No� seems to be the way of things, so sad for us h� er��l��ABiQi,oA4k��y � gP��pner, re:... be quieter this weekend. Brandon Page 185 of 195 Page 247 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa,. Planner re: 20a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie To: Leigh, Andria Subject: RE: thanks for your support and a request From: Coutanche, Barbara Sent Wednesday, August 19, 2015 9:28 PM To Hughes, Harryeharry.hu&he_s_@oro-medonte.ca>; Hough, Ralph <ral h.hou h oro-medonte.ca?; Hall, Phil <Phil.hall@ora-rnedonte.ca>; Jermey, Scott <scott.'erme oro-rnedonte.ca>; Macpherson, Scott <Scott.Macpherson oro-rnedonte.ca>; Crawford, John <iohn.crawford oro-rnedonte.ca>; Leigh, Andria <aleigh2oro- moronnto ram Subject: FW: thanks for your support and a request Here is an E-mail that speaks to Lazy Dayz having outdoor amplified events... ie NOT in the barn! This is what neighbours object to... Barb Barbara Coutanche Councillor Ward 1 Township of oro-Medonte From: Foley, Mike [mailto: @scdsb.on.ca] Sent: August .19, 2015 6:37 PM To: Jane Cc:. Brandon; Coutanche, Barbara; Lance Chilton; Michael Frederiksen Subject: Re: thanks for your support and a request Yes Monday works for us. Mike On Aug 19, 2015, at 1. t :23 AM, Jane calive.corn> wrote: Please note that they are advertising saturday and Sunday weddings and for outdoor weddings. So that does mean entire week -ends and the outdoor wedding ensures that there is no sound proofing. It also advertised as a quiet retreat...this is how we had seen our back yards before Lazy Dayz turned our backyards into week -end party zones. 'There are numerous ,garden areas where couples can choose to set up for an outdoor ceremony, and there is plenty of parking for guests." Page 188 of 198 .. .. , �.: .....r. .� .. ,... ....... .�.... ...... . � ... .. P. _ .248 of 271 .. .. . . age 8.a) Report No. DS2015-130, Adrianna Spinosa, if R9$0rFt%30... "Come and visit with us during our annual Ope,��tl�0b��.�� {r OSa, Planner, re: ,.. Enter our Draws to save $500 off a Saturday Wedding or $200 off a Sunday Wedding! Enjoy an afternoon of food, music, meet some local vendors, and get your photo taken on our lovely property!" From: Brandon rnail.com> Sent: August 19, 2015 10:43 AM To: Coutanche, Barbara Cc: Lance Chilton; Janet Michael Frederiksen; Mike Foley Subject: thanks for your support and a request Thanks for the offer, Barb. I know it's always been available and thank you for your continued support in trying to gain an understanding of our side of the issue. I do agree with others, however, in that there are too many Council members not taking this issue seriously enough. Lazy Dayz is breaking bylaws, and I'd like to request how long their temporary.permit was extended for. I checked my email folder this morning and discovered that our first complaint about Lazy Dayz (to your husband) was on July 13, 2014. This issue has caused a lot of stress and affected the daily lives of many families. It has now been going on for over a year. It is just incomprehensible that no Councillors have ever experienced the noise at any of the events. On another note: I have a silly favour to ask, and it only shows how frustrated I am that I would ask at all. I'm hoping it will lead to more awareness and discussion amongst you and other council members. Would you consider going to the link below and watch the pictures scroll through; but from the point of view of us residents in Cathedral Pines, not a prospective client of Lazy Dayz? Here's the link: http:l/www.lazydayzbedandbreakfast.comI These are WEDDINGSH, Barb...festive events that are at times, very loud. They are not typical backyard parties with a handful of guests. You don't have to experience the noise to understand what we're going through: [if you take notice of the outdoor setup, I think you will agree that the use of amplification would create a problem to neighbours in Cathedral Pines. All the speakers would be pointed out toward the guests in the chairs, and therefore to our backyards. Amplified music J announcements from ❑A and five performers chase us from our backyards....(the drumming last weekend wasn't just seriously disruptive, but ignorant, and a testament to the poor judgement the owners of Lazy Dayz possess in booking appropriate events). Anyways, I digress..... Imagine how close the guests are to our backyards when they are hooting and hollering the moment Mr and Mrs "So and 5o" are announced as a couple, as well as throughout other times at any event. I've stated that the use of amplification is a big part of Page 187 of 196 Page 249 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. the issue for quite a while and -never received ��r�r5.'W&A"@ERa$ $a�u�'e�anner, P@:... amplification in a residential area? The by -haws are straight forward enough regarding this issue. If it wasn't an issue, people wouldn't be complaining. Also, take note of the dinner setup in the other pictures: the spaces between the boards prove there is no `sound proofing'. Sof amplified -speeches and DJ announcements/ music are heard and create an issue for us. I believe Kate referred to soundproofing the lower part of the barn at the township meeting. what goes on down there? I sincerely don't know (there are no pictures of that part of the barn on the website). There are more issues (especially with future growth) that come to light in these pictures and from the information gleaned from the website; and I leave you to it.] Regards, Brandon House Page 188 of 196 .... _ �. ...�... .... P ... 250 of 271 ... .. w ... ... . age 8.a) Report No. DS2015-130, Adrianna Spinosa,8PIpper r�e� 20apor No. DS2015-096, Adnan,na Spinosa, Planner, re:... Brissette, Marie To: Ali tl i b, Derek Subject: RE: Meeting for Concerned Cathedra! Pines Neighbours From: Michael Frederiksen [mailto:@gmail.com Sent:.Monday, August 24, 2015 9:24 PM To: Coutanche, Barbara <barbara.coutanche oro-medonte.ca> Cc: Brandon <.@gmai1.cyrn7; Lance Chilton thechiltontearn.com>; Mike Foley <!2scdsb.on,ca>; hotmail.com; .lane live.corn>; ebony ebonyhotmail.com>; Tam Fendley <,2sympatico.ca?; Ann McGee <_ ., gmail.cvn >; .r..r _@sympatico.ca; Teeter, Janette <iteeter@oro-medonte.ca>; Hughes, Harry <harr .hu hes oro-medonte.ca7; bell.net Subject: Meeting for Concerned Cathedral Pines Neighbours Dear Barbara A number of us met at Jane Ravenshaw's place this evening to support each other and think about further actions we might consider in our attempts to persuade the Oro Medo.nte Council to not grant the Layzy Dayz rezoning application. Firstly, it was very clear to us all that your support and understanding of the issues is unequivocal. Our voices need to be heard at the next Council meeting where the vote on the matter will be held. Although many representations and numerous emails have already been made, there are still some considerations that may tip the balance in favour of those residents who wish to live in peace and quiet in an area reserved for such. I had previously indicated that a phone call to PC Phillips, Barrie OPP resulted in. an occurrence (19/08/15) where she was actually on the property of Lazy Dayz. The Officer's report to me was that the owners were nowhere to be found. That begs the question as to the quality of supervision, who actua_Ily is in. charge when events are taking place and whether the proprietors can. exercise sufficient control to reduce unwanted and unsolicited noise levels both before and after 11.pm. This past weekend both Linda and I woke after midnight to loud beeping sounds coning from the Layzy Dayz property. It sounded like a, truck was picking up equipment, backing up with the reverse beep sounds penetrating our closed windows. Just another Irritation, but when compounded week after ween, it becomes more like a vexation.. We continue to ask for and solicit your support. Regards Michael and Linda Frederiksen. 8 Pine Lane RR I Barrie ON L4M4Y8 Michael Frederiksen President, CES Canada 8 Pine Lane RR# I Barrie ON Page 189 of 196 Page 251 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $.a) Report No. Michelle Turner DS201 5-096, Adrianna Spinosa, Planner, re:... 12 Pine Lane RR#1 Barrie, ON L4M 4Y8 Sept. 3, 2015 To Whom It May Concern, Earlier this year, I wrote a letter on behalf of Lazy Dayz Bed and Breakfast, located on Horseshoe valley Road in Oro Medonte. At the time, I discussed the benefits of having Lazy Dayz Bed and .Breakfast as a part of our community as it has brought people into the area, exposing them to all of the amazing things this community has to offer: amazing bike routes, hiking, skiing, golf, and a tranquil nature lovers' paradise. where else can you find all of this in one spot? This past summer has been anything but tranquil. The numerous events held by Lazy Dayz Bed and Breakfast have not allowed for the hard working members of this community to have a space where they can relax and enjoy after a hard day of work. Additionally, our homes are no longer a place where we are able to entertain on a Saturday evening in ou.r own backyard as every weekend, we are inundated with loud screams, lurid music, and the ever resonating sound of bass in our homes and backyards. This is happening far too frequently. There are more parties and events than I had anticipated. It seems as though they are not only every single weekend, but also through the week. I believe there was an event on Wednesday afternoon? Do we ever get any peace and quiet? It is my understanding that Lazy Dayz Bed and Breakfast is a "Bed and Breakfast". It is also my understanding that they do not currently have an Event Permit, yet continue to run events that, are excessively _loud and disrupt the quality of life that the residents of Cathedral Pines (and surrounding area) love. From what I understood earlier this year, was that the owners wanted to be able to host a few weddings throughout the year, not pollute every weekend and some weekdays with too much noise. It never stops. Bed and Breakfast locations are typically quiet and used for sleeping, enjoying a quiet cup of coffee on the veranda the next morning, and eating a wonderful, home -cooked breakfast. If they are granted this Event Permit, will they change the name to Party Dayz Event Centre? I know this sounds absurd, but has anyone considered the long term plans of this facility? How, when every weekend is booked for a major event, can you possibly run a Bed and Breakfast? The two ideas do not coincide. .If this is the case., I wonder what will happen to our home, our own sanity, and our ability to rest and relax in our own backyard after a stressful week of work? We are supposed to de -stress, wind down, and relax at home, however we are not given that opportunity. when the weather is beautiful outside, we should be enjoying our own backyards; but we cannot, as we are unable to listen to our own music and sit on our own porch because it is just too loud... too often. Despite Lazy Dayz's declared efforts to reduce excessive noise that is disruptive to the community, I do not believe they have addressed all the concerns raised by the residents. I would suggest that if they really cared about their surrounding community they would .definitely limit the number of events that are occurring, not look to increase them. There has been little to no improvement in the sound control and the control of their guests in the last few months as promised. Police are being called for fights, community members are upset with the level of noise, and no one is really able to rest and relax in their own homes. I sincerely appreciate that you have considered this letter as a revision to my previous statement. Unfortunately the integrity of the neighborhood and those who live here are far too important than making some 'money on events that don't allow the full time residents their much deserved peace. Kind regards, Michelle Turner Page 190 of 196 .... .. . ....... ........ ..... .... ... ..................................... . .......... Page 252 0f 271 8.a) Report No. DS2015-130, Adrianna Spinosae J?A9$Ut%l30... DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: lazy dayz From: Coutanche, Barbara Sent; Sunday, October 4, 2015 1:18 PM To: Dunn, Robin <rdunn@oro-medonte.ca>; . Council <Council@oro-medonte.ca>; Leigh, Andria <aleigh@oro- medonte.ca> Cc: Spinosa, Adrianna <ASpinosa@oro-rnedonte.ca> Subject: FW: lazy dayz Adrianna, Here is another complaint regarding Lazy Dayz. Barb Barbara Coutanche Councillor Ward 1 Township of oro-Medonte From: Foley, Mike [mailto: 2scdsb.on.cal Sent: October 3, 2015 10:16 PM To: Jane Cc: Lance Chilton; Brandon House; TOM FENDLEY; bell.net; f hotmail.com; live.ca; hotmail.com; Fredericksen Mike; Coutanche, Barbara; bell.net; aol.com Subject: Re: lazy dayz And here we are again, October, and into our 7th month straight month of weekend after weekend disruption. It's beyond words the toll this event barn has taken on our family and the fabric of our community. I am beside myself right now trying to understand how something such as this has been allowed to continue on for so long. The noise tonight from Lazy Dayz has been absolutely horrendous and in no way would anyone, with the exception. of the profiteers of such an enterprise., consider this acceptable in a residential neighbourhood. I'm giving it another 45 minutes till 1.1 pm. Enough is enough. .Michael Foley, 69 Cathedral Pines On Sep 28, 2015, at 9:57 AM, Jane <> wrote: Hi all, I left messages for Mayor Hughes and Phil Hail. I spoke with Councillor Jermey. He was very nice and really listened to the concerns and asked me a lot of questions. I felt that he was taking the issue seriously. He told me that he does not know what the report will recommend Page 191 of 196 Page 253 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa Planner re: 20... $,a) Report No. and he will need to look at it before making a f &Qj5&nP��e�it�r��kl�t�4il@€�rePr�anner, re:... surprised and concerned that the planning group did not request a formal noise study as we requested in writing after the April meeting. It is not fair for councillors to have to judge how noisy something is by dropping in on the neighbourhood. Let me know if anyone has numbers for Deputy Hough, Macperson or Crawford. I will phone them as well. f. .bane Page 192 of 196 ................ ... .......:.. Pag62' 4 271 8.a) Report No. DS2015-130, Adrianna Spinosa PIPRnerrrte. � 20'8.aepolo. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Days ------original Message ------ From: Coutanche, Barbara Sent: Sunday, October 4, 2015 1:22 PM To: Spinosa, Adrianna <ASpinosa avoro-medonte.ca>; . Council Council c. oro-medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca> Subject: FW Lazy Days Adrianna Yet another Barb Barbara Coutanche Councillor Ward 1 Township of oro-Medonte ---__Original Message ----- From: Michelle Turner [mailto: @Iive.ca] Sent-, October 3, 2015 11:17 PM To: Coutanche, Barbara Subject: Lazy Days 1 couldn't bring myself to call you at home. Lazy Days is having another event. My windows are rattling. Enough is enough. Michelle Turner 12 Pine Lane Sent from my iPhone Page 193 of 196 Page 255 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-130 Development Services Adrianna Spinosa, Committee Planner Meeting Date: Subject: 2015-ZBA-01 Motion # January 6, 2015 Zoning By-law Amendment Kate Marrs(Lazy Dayz Bed, Breakfast & Rustic Barns 754 Horseshoe Valley Road W Rall #: 4346-0.20-010-05800 R.M.S. File: D14-48582 Recommendation(s): Requires Action For Information Only❑ It is recommended: 1. That Report No. DS2015-130 be received and adopted. 2. That Zoning By-law Amendment Application 2015-ZBA-01 be deferred. 3. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: An application for a Zoning By-law Amendment has been submitted to rezone a portion of the lands located at 754 Horseshoe Valley Road West 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. Report DS2015-096 provided a comprehensive background of the proposed application and context of the subject lands. The Report recommended that the application be refused on the basis that the special events are not compatible with the adjacent existing residential area and the proposed use shall be directed to a more suitable designation, such as the Horseshoe Valley Village Designation. To summarize, the following concerns were outstanding at the time of writing the Report: 1. Is the proposed use a `rural land use'? (Provincial Policy Statement, 2014); and 2. Is the proposed use appropriate? (Township official Plan, 2007); in that, it is compatible with the rural character of the area, and it can be appropriately buffered to protect adjacent residential uses. At the Development Services Committee meeting on October 7, 2015, a decision was made to defer the application to allow the applicant to consider if they wish to address the land use planning and noise issues and to meet with the Township Staff to discuss further. Development Services January 6, 2016 Report No, DS2015-130 Page 1 of 10 Page 256 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... Following the meeting, Planning Staff met with the applicants and Planning Consultant; additional Planning rationale and a Noise Assessment Report was submitted. The purpose of this report is to analyze the additional information received and provide a recommendation to the Committee for making a decision on the permanent Zoning By - Law Amendment application. Analysis: The subject lands are `rural lands' in the Provincial Policy Statement, designated `Greenlands' in the County official Plan, designated `Rural' in the Township's official Pian, and zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law. Complete provincial, county and local policies were analyzed in Report DS2015-095 and this section of the report has been divided into two sub -sections to analyze the outstanding concerns identified above. 1. Rural Land Use Within the PPS, `rural lands' means lands which are located outside settlement areas and which are outside prime agricultural areas. Per Provincial Policy 1.1.5.2, permitted uses on rural lands located in municipalities are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) limited residential development; d) home occupations and home industries; e) cemeteries; and f) other rural land uses. Furthermore, "recreational, tourism and other economic opportunities should be promoted" (Section 1.1.5.3) and Staff is of the opinion that the proposed use is an economic opportunity. The Provincial Policy Statement neither defines the uses in Section 1.1.5.2, nor does it elaborate on what `other rural land uses' are considered to be. However, the new County official Plan provides direction on rural land uses. Although the subject lands are designated `Greenlands' in the county's official Plan, Staff is of the opinion that the criteria identified in Section 3.7.5 provides relevant guidance and shall apply. It states: "other rural land uses such as rural industrial and rural commercial development that cannot be located and are not approviate in a settlement area ma- be permitted in the Rural designation and also subject to the following criteria: The Planning Justification Letter provided by Kristine Loft, dated December 9, 2015, provides rationale as to why the use cannot be located in a Settlement Area therefore, Staff have reviewed and analyzed the county's prescribed criteria below. The proposed use must: a) generate minimal traffic or be in the proximity of an arterial road or highway; Development Services January 6, 2015 Report No. DS2015-130 Page 2 of 10 Page 257 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... The subject property is located on County Road 22 (Horseshoe Valley Road West), within 8 kilometers of Highway 400, and a Traffic Brief prepared by C.C. Tatham & Associates determined that improvements will not be required on County Road 22 as a result of the rezoning. b) have sewage and water service needs suitable for individual services - The dwelling(s) on the site are serviced by a well and septic system. Portable toilets are brought onto the site for the special events held in the barn. c) not be located on prime agricultural lands except for land uses otherwise permitted in the Agricultural designation; Subject lands have a Soil Class of 4 to 7 in the Canada Land Inventory and therefore are non -prime agricultural lands. d) for rural industrial uses, not be located in the proximity of residential or other incompatible uses in accordance with a licable uidelines for industrial use and distance separation and The proposed use is not an industrial use and therefore does not apply. e) for rural commercial uses, must primarily serve the traveling_ public and tourists to the area on the basis of convenience and access. Additional information has been provided to Staff identifying that 66% of the weddings hosted in 2014 and 2015 were couples and guests traveling from out of town (CTA, Muskoka, Hamilton, St. Catharines area, and Beaver Valley area). As previously mentioned, the subject lands are located within 8 kilometers of Highway 400 which provide an ease of access to guests travelling from out of town. Local official plans shall also contain policies which require applicants to consider, as part of their development application, matters such „as site hydrogeology, storm water management, ands ills containment. Staff are of the opinion that although the PPS does not provide direction on `other rural land uses,' the proposed amendment meets the criteria identified in the new County Plan and therefore, is considered a permitted use for rural lands. 2. Appropriateness of Use The Township's official Plan contains policies within the Rural section relating to new, institutional uses, commercial uses and corporate meeting facilities and states: New institutional and highway commercial uses that service the needs of the rural area and corporate meeting facilities may be permitted subject to an amendment to the implementing Zoning B -law. The creation of a new lot to permit any of these uses is generally not permitted. These uses mav also be subject to Site Plan Control. Before considering an amendment to the Zoning By-law to permit any of these uses in the Rural designation, Council shall be satisfied that the, proposed use: a) is compatible with the rural character of the area- The primary concern in the initial report for the proposed zoning by-law amendment related to compatibility. The information provided .at the time did not provide staff with Development Services January 6, 2016 Report No. DS2015-130 Page 3 of 10 Page 258 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... evidence that the proposed special event use is compatible with the adjacent settlement area due to the noise levels and the number of complaints received. In response to this outstanding concern, a Noise Assessment was completed by Trinity and Church Consultants Ontario Inc., dated December 2, 2015. The Noise Assessment identified three types of noise -generating activities and the peak noise period for each of the activities are as follows: i) outdoor ceremonies: light to moderate amplified speeches and music. ii} outdoor congregation of people: loud conversations and other loud noise from large gathering of attendees. iii} Indoor activities on the upper level of the bank barn: amplified speeches and music, and very loud noises associated with large crowds (i.e. whistling and shouting). The data revealed that the average of the peak noise associated with all three noise - generating activities was modelled to be below the Class 2 criteria for some of the points of reception and below the Class 3 criteria for other points of receptions. An Environmental Noise Guideline prepared by the Ministry of Environment identifies the following definitions: • Class 1 area: means an area with an acoustical environment typical of a major population centre, where the background sound level is dominated by the activities of people, usually road traffic, often referred to as "urban hum." • Class 2 area: means an area with an acoustical environment that has qualities representative of both Class 1 and Class 3 areas: o Sound levels characteristics of Class 1 during daytime (07:00 to 19:00 or to 23:00 hours); and o Low evening and night background sound level defined by natural environment and infrequent human activity starting as early as 19:00 hours (19:00 or 23:00 to 07:00 hours). ■ class 3 area: means a rural area with an acoustical environment that is dominated by natural sound having little or no road traffic, such as: o A small community; o Agricultural area; o A rural recreational area such as a cottage or a resort area; or o A wilderness area. The Noise Assessment completed for the subject application concludes that the average noise levels for all three types of noise -generating activities are below the Class 2 and 3 noise criteria identified by the MOE. However, the maximum noise levels from the peak noise period (indoor activities on the upper level of the bank barn) were predicted to be higher than both the Class 2 and Class 3 noise criteria. Therefore, two separate mitigation measures have been recommended by Trinity Consultants Ontario Inc. to reduce the impact and summarized as follows: Mitigation Measure 1: Seal all openings in the barn wall panels on the north and west walls of the bank barn. To maintain the rustic charm of the barn wall, it was presumed that the openings would be sealed with a wood material having a minimum surface density of 1.33 lblsq.ft. As an alternative to a wood material, clear acrylic sheets (i.e. Plexiglass) can be used to achieve the same minimum attenuation while allowing natural light into the barn. Based on closing all gaps in Development Services January 6, 2016 Report No. DS2015-130 Page 4 of 10 Page 259 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... the north and west walls, the noise impacts at the PORs is predicted to be below noise criteria of 45 dBA for evening and nighttime periods in a Class 2 environment, as shown in Table 5-4. Refer to Figure 5-4 for the isopleth noise impacts from bank barn upper level activities with the implementation of Mitigation Measure 1 during peak noise periods with the maximum (Lmax) noise levels. • Mitigation Measure 2 (if required): In addition to Mitigation Measure 1, the south wall of the bank barn could be sealed to further reduce the noise impacts at the PORs. Sealing the north, west and south walls is predicted to have noise impacts at the PORs below the noise criteria of 40 dBA for the evening and nighttime periods in a Glass 3 environment, as shown in Table 5-5. Refer to Figure 5-5 for the isopleth noise impacts from bank barn upper level activities with the implementation of Mitigation Measure 2 during peak noise periods with the maximum (Lmax) noise levels. The preparer of the Noise Assessment recommends that Lazy Dayz implement Mitigation Measure 1 as a first step, and, if required, implement Mitigation Measure 2 if additional noise attenuation is needed. Implementation of Mitigation Measure 1 is predicted to bring the noise level 45 dBA which is suitable for a Glass 2 area, and the implementation of Mitigation Measure 2 is predicted to have noise impact below the 40 dBA suitable for a Class 3 area. On the basis that noise is a primary source of complaints from the adjacent neighbourhood, Staff are recommending that the completed Noise Assessment be peer-reviewed, at the applicants cost. On the basis that the peer -reviewer arrives at the same conclusions, Staff are satisfied that implementing the recommended mitigation measures will bring the noise down to a level that is acceptable under the MOE Guidelines and therefore addresses Staff's compatibility concerns. The implementation of the mitigation measures would be included in the required site plan agreement. b) can be designed and sited to blend in with the rural surroundings; By placing a Hold provision on the property through the zoning change, it will provide Staff with the tool required to ensure that necessary measures are in place to preserve the existing rural character and keep the property buffered from its surroundings (i.e. restricting tree removal outside of the developed area). c) is located where it would have little or no impact on agricultural operations; There are no lands designated prime -agricultural in proximity to the subject lands and therefore would have little to no impact on agricultural operations. d) can be serviced with an appropriate water supply and means of sewage _disposal; e) is to be accessed by municipal roads lthat can accommodate the increased traffic generated -by the proposed use; - f) will not cause a traffic hazard as a result of its location on a curve or a hill; and As previously mentioned, this criteria has been reviewed at both the Township and County level and no concerns have been raised relating to the water supply, sewage disposal, and traffic. g) can be appropriately buffered from adjacent residential uses. Development Services January 6, 2016 Report No. DS2015-130 Page 5 of 10 Page 260 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... In additionprior to considering an application to develop a new industrial institutional or commercial use Council shall be satisfied that the proposed use cannot be reasonably sited in a nearby settlement area or on ,lands in the vicinity_ that are designated Industrial or Commercial."-- _ .... _..--. -.- . The Noise Assessment Report also states, "it is recommended that Lazy Dayz implement or continue to implement the following best practices to minimize the likelihood of noise nuisance complaints: • Maintain the directivity of the speakers such that the speaker located south of the bank barn is southfacing, and that the speaker located northwest of the bank barn is southeast -facing. • Maintain the height of the speakers to as minimum as feasible. • Since events can run until 12:00 AM, any amplified noise after 11:00 PM will be limited and be fully contained within the bottom level of the bank barn, which is partially below grade and has stone and mortar foundation walls. • Avoid or minimize the operation of large or heavy vehicles during the evening and night period. • Minimize large crowds or outdoor activities at the rear part of the property towards the night periods" (Section 5.2). Staff are of the opinion that the use may potentially be appropriately buffered from the adjacent residential use with the noise mitigation measures in place, the implementation of the best practices listed above, and placement of a Hold provision. However, staff recommend that the completed Noise Assessment be peer-reviewed prior to approving the zoning and proceeding with the technical mitigation mechanisms recommended. It is Staff's preference that the applicants adhere to the Noise By-law (By-law 2012-167, as amended) that is in effect for the Township and that no special permission is granted (i.e. for time extensions). Should the applicant wish to submit a noise exemption request on an event -by -event basis for unique plans scheduled, it would be up to Council to approve or deny such a request once presented to them. Financial 1 Legal Implications 1 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: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2014 ■ Growth Pian for the Greater Golden Horseshoe, 2006 • County of Simcoe official Plan, consolidated 2007 • Township of oro-Medonte official Plan, 2007 • Township of oro-Medonte Zoning By-law No. 97-95, as amended Development Services January 6, 2016 Report No. DS2015-136 Page 6 of 10 Page 261 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... 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." Safe & Healthy Community: "to ensure that oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles." Sustainability: "to build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Consultations: No additional comments have been received from internal departments/applicable agencies since the writing of the first report relating to the proposed amendment. Staff have circulated notice of the application to the Simcoe Muskoka District Health Unit and have not received any comments as of the writing of this report. If approved, any comments or recommendations received from the Health Unit shall be implemented through the Site Plan Application stage. Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Conclusion: In conclusion, the proposal is to permanently rezone 764 Horseshoe Valley Road West to a site-specific Agricultural/Rural Exception (A/RU*#) Zone to permit special events. Planning staff recommends that the Committee defer the application, to provide an opportunity for a peer -review, at the applicants cost, of the Noise Assessment Report completed by Trinity and Church Consultants Ontario Inc. Although a Holding provision would be tied to a Site Plan Application and Agreement registered on title specific to the final plan approved by the Director, Development Services; staff are of the opinion that the Noise Assessment recommendations require a peer -review to provide assurance that the recommended mitigation measures are appropriate and that no further measures are required in accordance with the MOE guidelines and to address the noise concerns raised to date. Staff will be in a position to prepare a final recommendation for decision relating to the rezoning applications once a peer -review has evaluated the current findings. Development Services January 6, 2016 Report No. DS2015-130 Page 7 of 10 Page 262 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... Respectfully submitted: Reviewed by: Adrianna Spi erek Witlib, MCIP, RPP Planner Manager, Planning Services SMT Approval /Comments: Development Services January 6, 2016 Report No. DS2015-130 Page 8 of 10 Page 263 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... Schedule 1: Location Map 2015-ZBA-01 (Marrs/Lazy Dayz) CATHEDRAL.RWES ROAD Subject Lands (754 Horsesh Development Services Report No. DS2015-130 HoRSESHCE VALLEY ROAD 111E Vafliey Road E%s January 6, 2016 Page 9 of 10 Page 264 of 271 8.a) Report No. DS2015-130, Adrianna Spinosa, Planner re: 20... Schedule 2: Applicant's Site Plan 2015-ZBA-01 (Marrs/Lazy Dayz) Development Services January 6, 2016 Report No. DS2015-130 Page 10 of 10 Page 265 of 271 8.b) Report No. DS2015-136, Derek Witlib, Manager, Planning ... Township of Report Froin" Heritage, Exciting Future Report No. To: Prepared By.. 052015-136 Council p - - Derek Wits � b, Manager, Planning Services Meeting Date: Subject: Mo tion # January 6, 2016 Condominium Agreement - ti Rall #: Copeland House Phase 1 (Skyline Executive R.M.S. F' le #. 4346-010-002-03500 Inc.)Acquisitions D12 042450 q Part of Lot 1, Con. 4 (oro), Township of oro-Medonte Application: 2011 -SUB -03 Recommendation(s): It is recommended: Requires Action I x For Information Only 1. That Report No. DS2015-136 be received and adopted. 2. That the Township of oro-Medonte enters into a condominium Agreement with g Skyline Executive Acquisitions Inc.; 3. That the clerk bring forward the appropriate By-law for council's consideration to enter into a Condominium Agreement with Skyline Executive Acquisitions Inc.; 4. And that the applicant be advised of Councils decision under the Director Development Services signature. Background: On August 13, 2015, Council granted Draft Plan Approval for the development of: 1. Copeland House Phase 1, being a 4 -storey building consisting of 67 residential units . g , which has Site Plan Approval and is presently under construction; and 2. Copeland House Phase 2, being a proposed 4 -storey building to consist of 58 residential units and 7 commercial units (comprising 544.1 square metres(5,856-6. square feet) of ground floor commercial space), and which is the subject of a current Site Plan Approval Application (Application: 2011 -SPA -24). Development Services Department January 6, 2016 Report No. DS2015-136 Page 1 of 6 Page 266 of 271 8.b) Report No. DS2015-136, Derek Witlib, Manager, Planning ... The Applicant has applied to enter into a Condominium Agreement andp roceed to final registration with respect to Copland House Phase 1, which is located at 40 Horseshoe Boulevard, to the south of Horseshoe Valley Road and within the Horseshoe Valley Resort area (see Schedule 1 — Location Map). The development is to be serviced through a municipal water system and a private waste water treatment plant operated by Skyline Utilities Inc. A copy of the Draft Plan of Condominium for Phase 1 is included as Schedule 2 to this report. It is anticipated that the condominium Agreement and its legal description will be amended at a future date to incorporate the Phase 2 portion of the development. Analysis: There were 18 draft plan conditions which are required to be fulfilled in order to proceed to final registration, including a condition that the owner enter into a Condominium Agreement with the Township. The Agreement has been prepared by Staff and reviewed by the Township Solicitor, and includes provisions addressing the development requirements of the Township and wording specified by the Simcoe County District School Board and the Simcoe Muskoka Catholic District School Board. The draft plan conditions include the requirement that the owner shall enter into a Responsibility Agreement with the Township and the private operator (Skyline Utility Services Inc.) in regards to the ownership, financing, construction, operation, maintenance, and repair of the waste water treatment plant. This condition has been addressed through wording in the Condominium Agreement which references the existing Responsibility Agreement between the Township and American water Services Canada Corp., as well as the existing Capital Facility Agreement between the Township and Skyline Utilities Inc. Staff has forwarded the Agreement to the two School Boards in order to obtain their clearance letters which are required prior to final registration. The developer is in the process of obtaining a required clearance letter from Canada Post, which is also a requirement prior to final registration. As council is aware, the Township is the final approval authority for Plans of Subdivision and Condominium and for completion of the condominium registration process. Staff will ensure that all required Conditions of Draft Plan Approval have been fulfilled prior to final registration. All other matters related to the development of the lands, such as engineering, servicing and the developer's financial requirements are already the subject of a Site Plan Agreement that was registered on October 30, 2014. At such time in the future as the condominium corporation is formed and takes ownership of this development, the condominium corporation will be required to enter into Assumption Agreements with the Township for the purposes of transferring the Site Plan Agreement and the Condominium Agreement to the condominium corporation. Development Services Department January 6, 2016 Report No. DS2015-136 Page 2 of 6 Page 267 of 271 8.b) Report No. DS2015-136, Derek Witlib, Manager, Planning ... The lands are located within the Horseshoe Valley Settlement Area and are designated Horseshoe Valley Village in the Township of oro-Medonte official Plan and are zoned Village one (V1) Zone by Zoning By-law 97-95. This condominium conforms to the Official Plan and complies with the Zoning By-law. Financial 1 Legal Implications 1 Risk Management: Addressed through the Subdivision Agreement provisions. Policies/Legislation: Planning Act Growth Plan Provincial Policy Statement 2014 official Plan Zoning By-law 97-95 Corporate Strategic Goals: Safe & Healthy Community — To ensure that oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. Service Excellence — To provide a welcoming, courteous, and professional culture of service excellence on the part of Council and Township staff. Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations Township Staff Agencies Attachments: Attachment #1 — Location Map Attachment #2 — Draft Pian Conclusion: On the basis that the Condominium Agreement is required by the draft plan conditions and all other required draft plan clearances are nearing finalization, it is recommended that Council authorize the execution of the Copeland House Phase 1 Condominium Agreement. once the remaining draft plan clearances have been obtained, Staff will Development Services Department January 6, 2016 Report No. DS2015-136 Page 3 of 6 Page 268 of 271 8.b) Report No. DS2015-136, Derek Witlib, Manager, Planning ... instruct the Township solicitor proceed with the registration of the Condominium Agreement and the Plan. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Development Services SMT Approval 1 comments: Development Services Department Report No. DS2015-136 C.A.D. 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