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10 07 2015 Development Services Committee AgendaTownship of Proud Hcriterge, Excitiik Future Page The Township of Oro-Medonte Development Services Committee Meeting Agenda Council Chambers Wednesday, October 7, 2015 5:30 p.m. 1. Opening of Meeting: 2. Adoption of the Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Adoption of Minutes: 4-14 a) Minutes of the Development Services Committee meeting held on Wednesday, September 2, 2015. 5. Public Meetings: 15-41 a) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2015-ZBA-03 (Lafarge Canada Inc.), rezone Concession 7, North Part of Lot 9, known municipally as 1994 Line 7 North, from the Mineral Aggregate Resource Two (MAR2) Zone to the Mineral Aggregate Resource One (MAR1) Zone to permit a Category 3 Above Water Pit, Class A License; and to amend the zone standards applying to Concession 7, North Part of Lot 9, known municipally as 1944 Line 7 North being the Mineral Aggregate Resource One Exception 37 (MAR1*37) Zone, specifically to amend the exception zone provisions and reduce the "Minimum required interior side yard — north side from 15.0 metres to 0.0 metres, as provided for under the Planning Act. 6. Public Hearings: 42-52 a) 5:30 p.m. Report No. DS2015-100, Derek Witlib, Manager, Planning Services, re: Minor Variance Application By William & Dorothy Moore, 15 Line 14 South, Concession 1, Lot 16 (Orillia) Township of Oro-Medonte. 53-58 b) 5:40 p.m. Report No. DS2015-094, Andria Leigh, Director, Development Services, re: Minor Variance Application 2015-A-21 (Horne), 1090 Old Barrie Road, Concession 10, East Part Lot 101 RP 51 R-24754 Part 1. 59-67 c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Planner, re: Minor Variance Application 2015-A-32 (Voorheis), 7 Black Forest Lane. Page 1 of 196 68-76 d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Planner, re: Minor Variance Application 2015-A-34 (Davies), 4040 Line 12 North. 77-86 e) 6:20 p.m. Report No. DS2015-101, Derek Witlib, Manager, Planning Services, re: Consent Application 2015-B-22 by Chris & Sherry McCaskie, 776 Line 2 South. 87-102 f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director, Development Services, re: Consent Applications 2015-B-23, 2015-24 & 2015-25 (Mark Porter/Lovers Harbour Inc.), 298-302 Shanty Bay Road, Concession 1, Plan 1, E Pt Lot 16, W Pt Lot 16, Pt Blk H and RP 51 R-37843, Part 1, and Pt Lots 15 and 16, Pt Blk H, Township of Oro-Medonte. 103 - 111 g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager, Planning Services, re: Consent Application 2015-B-26 by Dwight & Audrey Evans, 848 Line 13 North. 112-120 h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Planner, re: Consent Application 2015-B-27 (Grant), 1241 Bass Lake Sideroad E, 2095 Line 10 North. 121 - 126 i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager, Planning Services, re: Consent Application 2015-B-28 by Skyline Executive Acquisitions Inc., 40 Horseshoe Boulevard. 127 - 134 j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager, Planning Services, re: Consent Application 2015-B-29 by Skyline Horseshoe Valley Inc. 1101 Horseshoe Valley Road West. 7. Deputations: None. 8. Reports of Municipal Officers: 135 - 193 a) 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 W. 9. Communications: 194 - 196 a) Correspondence dated October 2, 2015 from Sharon R. Goerke, Clerk, Township of Severn, re: Proposed Bill 73, Smart Growth for our Communities Act. 10. Next Meeting Date: Wednesday, November 4, 2015 at 5:30 p.m. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting /Hearings Items: Page 2 of 196 12. Adjournment: a) Motion to Adjourn. Page 3 of 196 4.a) Minutes of the Development Services Committee meeting h... Township of - Proud Heritge, Exciting Future Wednesday, September 2, 2015 The Township of Oro-Medonte Development Services Committee Meeting Minutes Council Chambers 2014-2018 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford Councillor Scott Jermey Regrets: Staff Present: Also Present: Councillor Barbara Coutanche A& x Time: 5:34 p.m. Moved by Macpherson, Seconded by Hall It is recommended that the agenda for the Development Services Committee meeting of Wednesday, September 2, 2015 be received and adopted. Carried. Page 1 of 11 Page 4 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. 3. Disclosure of Pecuniary Interest: None declared. 4. Adoption of Minutes: 11V 'N Carried. 4tAah, 4t 4,h,o 5. Pub None. Page 2 of 11 Page 5 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. 6. Public Hearings: a) Report No. DS2015-085, Adrianna Spinosa, Planner, re: Minor Variance Application, 2015-A-20 (Finney), 23 Moon Crescent, Plan M 123, Lot 20. The following correspondence was received: None. Lee Dewsbury, agent, was present. Motion No. DSC150902-3 Moved by Macpherson, Seconded by Hall Page 3 of 11 Page 6 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. b) Report No. DS2015-086, Andria Leigh, Director, Development Services, re: Minor Variance Application 2015-A-29 (Rhynold & Quesnelle), 204 Peter Street East, Concession 9, South Part Lot 21. The following correspondence was received: None. No one was present on behalf of the applicant. Motion No. DSC150902-4 Moved by Macpherson, Seconded by Hall 'AP Carried. Page 4 of 11 Page 7 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. Motion No. DSC150902-5 Moved by Jermey, Seconded by Crawford Page 5 of 11 Page 8 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. c) Report No. DS2015-087, Derek Witlib, Manager, Planning Services, re: Minor Variance Application 2015-A-28 by Premier Operating Corporation Ltd., Part of Lot 21 , Concession 4 (Oro), 134 Line 4 South. The following correspondence was received: Glen Easton, dated July 2015. Glen Easton, agent, was present. Page 6 of 11 Page 9 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. d) Report No. DS2015-084, Adrianna Spinosa, Planner, Minor Variance Application 2015- A-30 (Swallow), 13 Myrtle Avenue, Concession 11, Plan 626, Lot 53, East Part Lot 5. The following correspondence was received: Lisa -Beth Bulford, Lake Simcoe Region Conservation Authority, dated September 1, 2015. John Clarke, agent, was present. Carried. Page 7 of 11 Page 10 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. e) Report No. DS2015-088, Derek Witlib, Manager, Planning Services, re: Minor Variance Application 2015-A-31 by 2063334 Ontario Inc., Part of East Half of Lot 5, Concession 13 (Medonte). The following correspondence was received: None. No one was present on behalf of the applicant. Patsy Robbins, neighbour, requested that a fence be erected as the existing fence had been removed by the previous developer. 'A" Motion No. DSC150902-8 Page 8 of 11 Page 11 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. f) Report DS2015-089, Andria Leigh, Director, Development Services re: Consent Application 2015-B-12 and Minor Variance Application 2015-A-25 (Robin and Nicole Baker), 1968 Line 8 North. The following correspondence was received: Robin Malcolm Baker, dated August 31, 2015. Robin Malcolm Baker, applicant, was present. Doug Moles reiterated his comments from previous correspondence submitted. Motion No. DSC150902-9 Carried. Page 9 of 11 Page 12 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. 7. Deputations: None. 8. Reports of Municipal Officers: None. 9. Communications: a) Correspondence from Brian Smith, Mayor, Town of Wasaga Beach, dated August 7, 2015, re: Proposed Bill 73, Smart Growth for our Communities Act. Motion No. DSC150902-10 Moved by Macpherson, Seconded by Hall And That this resolution be forwarded to The Honourable Ted McMeekin, Ministry of Municipal Affairs, the Townships of Severn and Clearview, and The Town of Wasaga Beach under the Mayor's signature. Carried. Page 10 of 11 Page 13 of 196 4.a) Minutes of the Development Services Committee meeting h... Development Services Committee Minutes — Wednesday, September 2, 2015. 10. Next Meeting Date: Wednesday, October 7, 2015 at 5:30 p.m. 11. Questions from the Public Clarifying an Agenda Item, Excluding Public Meeting / Hearings Items: 12. Adjournment: Motion to Adjourn. Moved by Jermey, Seconded by Crawford It is recommended that we do now adjourn at 6:56 p.m. Deputy Mayor Hough Carried. Derek Witlib, Deputy Secretary -Treasurer 01h, W Page 11 of 11 Page 14 of 196 5.e)7:00p.m.Proposed Amendment to the Zoning By -Law, 2015— At Pif k*'e-e It -'^^ NOTICE OpA COMPLETE APPLICATION AND PUBLIC MEETING FOR PROPOSED AMENDMENT TOTHE ZONING BY-LAW OF THE TOWNSHIP OPORO-MEDONT[ 2015-ZBA-00 (Lafarge Canada |mz) TAKE NOTICE that the Township of Oro-Medonte deemed the following application mamend the Township's Zoning By-law 97-95, as amended, as a "Complete" application under Section 34 of the Planning Act, R.S.D.10BO.o.P.13onthe 6th day ofMarch, 2D15. AND TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Wednesday October 7, 2015, at 7:00 p.m. in the Municipal Council Chambers, 14BLine 7South. The purpose of the Public Meeting is to obtain public comments on the proposed Amendment iothe Zoning By-|aw`under Section 34ofthe Planning Act. THE PURPOSE ofthe proposed Zoning By-law Amendment isthe following: (1) To rezone Concession 7, North Part of Lot 9, known municipally as 1994 Line 7 North, from the Mineral Aggregate Resource Two (MAR2) Zone to the Mineral Aggregate Resource One (yNAR1)Zone topermit a Category 3Above Water Pit, Class ALicense; and (2) To amend the zone standards applying to Concession 7, North Part of Lot 9, known municipally as 1944 Line 7 North being the Mineral Aggregate Resource One Exception 37 (MAR1~37) Zone, specifically toamend the exception zone provisions and reduce the "Minimum required interior side yard —north aide from 15.0 metres to O'O metres." A KEY MAP illustrating the location of the subject lands is provided with this Notice. ANY PERSON may attend the public meeting and/or make written mverbal representation either in support of, or in opposition to, the proposed Amendment. Please be advised that your comments and submissions will become part ofthe public record. If a person or public body does not make ons| submissions at a public meeting or make written submissions \othe Township of Oro-PNedonto before the proposed zoning by-law amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of the Township ufC)ro-K4edon\etothe Ontario Municipal Board. If a person or public body does not make oral submissions odapublic meeting or make written submissions tothe Township of Om-Medonie before the proposed zoning by-law amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board un|eoo, in the opinion of the Boand, there are reasonable grounds to add the person orpublic body asaparty. If you wish to be notified of the decision of the Township of On-Medonto in respect tothe proposed zoning by-law amendment, you must make a written request to: Township of Oro-Medonte, 148 Line 7South, Dm-Medonre.Ontario LOL2EOAttention- J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:3Oa.m.and 4:3Op.m.atthe Township ofC)m-MedonteAdministration Building. For further information, contact the Planning Department at 705-487-2171. DATED atthe Township ofQm-Medontethis 1Sthday ofSeptember, 2O18 Andria Leigh, MCIP, RP# Director ofDevelopment Services Page 15 of 196 5.a) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2015... 2015-ZBA-03 (Lafarge Canada Inc. (Barman Pit)) SUBJECT LANDS 1994 and 1944 Line 7 North L �+MOON Page 16 of 196 5.a) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2015... 4 Y u. Sl3 1 1 F+ � 1 ~ +n i 4 ~� f •y M O Q m N LO V�0 N N Q i En O N Page 17 of 196 (D � Z 4mi }, LLJ c:) N WE � U � J � C) U �° M O Q m N LO V�0 N N Q i En O N Page 17 of 196 5.a) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2015I^L .010A ... 0 --MA) 0 01 rM E 0 0 rM � M rM Z ti a) N > C: Na� �Qca C/) �r. 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Ill 11. 171 rrI III 111 In 6 Z IL Uri il,f Lri LI..I LL I z r M w� L6I_ ,131 LL S Ili ��• W C'I 1N• I W0 1f7 0 i 1 I ' � • 4 ih Ib .i � Irl Ih n1 M1J il� �1� ��� •�� I�� 17•I 171 ill ISI RI In RI L l,iL In LW Lc) z •'J 9 9 r - Page 40 of 196 M z 0 a r Y..P r L J 0 _( r� n x r0 4� TO -1.1 IF! j7 L Jill T11b J P?1 'lF111111111 R `- III 4*00 * 'll :WRFJ IIA 11 RR"7 0 I� lid �- 1 M Z31M bill 1ii•r.111411�dIJ Ley I-� -W Ir ® r .�a l J03 0 M 0 rr 0 N c ( R L > �e - � 0 6 L- Q� n�e ■j I Or +Yr ` T 03 T a_ ID •. I F. 1 @ � I I IN � I Ili �' 1 W c 1 W 171 LU �, 1 III �� 111 I 1 L■ LF W lAJ f 1 I�1 1�1 �•1 I 1 _ Gr) Ili ��• W C'I 1N• I W0 1f7 0 i 1 I ' � • 4 ih Ib .i � Irl Ih n1 M1J il� �1� ��� •�� I�� 17•I 171 ill ISI RI In RI L l,iL In LW Lc) z •'J 9 9 r - Page 40 of 196 M z 0 a r Y..P r L J 0 _( r� n M ■ _ 5.a) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2015... 47P ON all L LA 70 1 7 6n 0 1 C aj 6n 8M 0 Page 41 of 196 ca a� co Q o o O O O ca � +-� Jc: ' — V c� W 4. O ca O V cn ca > 4� — O O � 4 ca V O 0 LU •-0 �' 0 4) .— O Lr) .> no 0 • � -0 C: 4) � O �--� O :3 O Jc: 4� c V W c: � ca 4� 4u C .0 •� X V ca 4� Jc: _ �' �' � • — cry O �� (0 -inom; O Smo. O ca O �, a -o, z no — •— -1-on' o O — O Jc: 0.0 Q. o :30 � +� +� Lr) (1) Page 41 of 196 6.a) 5:30 p.m. Report No. DS2015-100, Derek -Vyjjanager,... Report Prtviid Heritage, Exciting Funt" Report No: To: Prepared By: DS2015-01 00 Development Services Committee Derek Witlib, Manager Planning Services Meeting Date: Subject: Minor Variance Application Motion # October 7, 2015 By William & Dorothy Moore 15 Line 14 South Concession 1, Lot 16(Orillia) Roll Nos: R.M.S. File #: 4346-030-012-02201 Township of Oro-Medonte D13 47365 4346-030-012-14300 1 Recommendation and Conditions: It is recommended. 1. That Report No. DS201 5-0100 be received and adopted. 2. That Minor Variance Application 2014-A-08 by William and Dorothy Moore, specifically to permit minimum lot frontages of 10 metres on Line 14 South and 20 metres on Line 15 South, on lands located in Concession 1, Lot 16 (Orillia) Jownship of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision - a) That notwithstanding the provisions of Table B (Agricultural/Rural Zone), the uses of the lands shall otherwise comply with all other applicable provisions of the Zoning By-law; b) And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: The purpose of this Minor Variance application is to recognize the existing frontage of the subject lands on both Line 14 South and Line 15 South. The applicant's lands were previously land -locked (did not possess any frontage on and improved public road). However, the applicants have recently acquired from the Township portions of adjacent unimproved road allowances and have merged them in title with their lands, resulting in the parcel now possessing a frontage of 10 metres (33 feet) on Line 14 South and 20 metres (66 feet) on Line 15 South. The applicants have indicated that that intend for the lands to continue to be used for agricultural purposes (managed woodlot). The lands are also the subject of Consent Application 2014-B-02 is for a technical severance to re- create two agricultural parcels to correct a. situation where two lots have merged on title. This application was deferred by the Committee of Adjustment in April of 2014 and remains in deferral Development Services Report No. DS201 5-0100 Meeting Date October 7, 2015 Page 1 of 6 Page 42 of 196 6.a) 5:30 p.m.Report No. DS2015-100, Derek Witlib, Manager,... while the applicants consider whether they wish to proceed with the Consent application and address the comments of the Lake Simcoe Region Conservation Authority and the Ministry of Transportation. It is Planning Staff's opinion the deferred Consent application does not preclude the Committee from considering the Minor Variance Application at this time, Analysis: Provincial Policies and County of Simcoe Official Plan The policies of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, and the County Official Plan have been reviewed and in planning Staff's opinion do not in this case affect the proposed Minor Variances. Do the variances conform to the general intent of the Township's Official Plan? The subject lands are designated Restricted Rural in the Township's Official Plan. The objectives of the Restricted Rural designation are to: • Discourage the development of scattered residential, commercial and industrial uses in the area surrounding Barrie and Orillia; • Maintain and preserve the rural character of the area by clearly defining the urban boundary of the Cities of Barrie and Orillia; and • Protect lands adjacent to the two urban municipalities from incompatible development to ensuire that the expansion of their urban service areas in the future is cost-effective and efficient. The permitted uses of the restricted rural designation are: agriculture as a principal use, as well as single detached dwellings, bed and breakfast establishments, home occupations, home industries, portable asphalt plants, seasonal home grown produce stands, and existing uses. The Official Plan also contains more general policies designed to ensure that lands and land uses are arranged in an orderly and efficient manner, In Planning Staff's opinion the recognition through variances of the frontages now provided to these previously land -locked lands would conform to the Official Plan and represents an appropriate and orderly configuration for the lands. Do the variances conform to the general intent of the Zoning By-law and are the Variances appropriate for the desirable development of the lot? The Zonring By-law requires a minimum lot frontage of 45 metres in the Agricultural/Rural Zone. The provision represents the Township's standard for achieving relatively large lots that are consistent with the rural character of the Township and which provide lots with direct access to maintained public roads. In consideration of the fact that the applicant's lands previously lacked any frontage on a maintained public road, it is Planning Staff's opinion that the variances are desirable for the use and development of the lands and conform to the general intent of the Zoning By-law, by now providing the lands with the best available direct public road frontage under the circumstances. In the short-term the variances, if approved, would enable the applicant's to continue to use the lands for agricultural purposes and also construct an agricultural building on the lands should they ever intend to do so. Development Services Meeting Date October 7, 2015 Report No. DS2015-0100 Page 2 of 6 Page 43 of 196 6.a) 5:30 p.m. Report No. DS2015-100, Derek Witlib, Manager,... In the event that the applicant's choose to proceed with their application to sever the lands, that application would be assessed at that time on its own merits. Are the variances minor? The variances, if approved, would simply recognize the frontages that the applicant's recently achieved through the acquisition of the adjacent road allowances. Since these variances conform to the Official Plan and Zoning By-law and are considered desirable for the lands, Planning Staff considers the variances to be minor. Financial: 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.1 • Provincial Policy Statement 2005 • Growth Plan for the Greater Golden Horseshoe, 2006 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Quality of Life — "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.19 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.'` Development Services Report No. DS2015-0100 Meeting Date October 7, 2015 Page 3 of 6 Page 44 of 196 rr-.Werl I ILI rem D-UNWGUNFIT1111111 BT -.M- ZYMMUNMEYMMOT-M! -Arl Consultations: Environmental Services Division — Transportation Division — Building Division -- Fire & Emergency Services Department — County of Simcoe — Lake Simcoe Region Conservation Authority - Ministry of Transportation — Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: Planning staff recommends that Consent Application 2014-A-08 be approved, subject to the conditions recommended by Planning Staff and contained in this report. Respecff ully submitted: *00 Derek Witlib, MCIP, RPP Manager, Planning Services Development Services Meeting Date October 7, 2015 Report No. DS2015-0100 Page 4 of 6 Page 45 of 196 Schedule 1: Location Map 6.a) 5:30 p.m. Report No. DS2015-100, Derek Witlib, Manager,... Development Services Report No. 5201 -0100 Meeting Date October 7, 2015 Page 5 of 6 Page 46 of 196 Schedule 2: Aerial Photo 6.a) 5:30 p.m. Report No. DS2015-100, Derek Witlib, Manager,... Development Services Report No, DS2015-0100 Meeting Date October 7, 2015 Page 6 of 6 Page 47 of 196 6.a) 5:30 p.m. Report No. DS2015-1 00, Derek Witlib, Manager,... Brissette, Marie From: Tuz, Sylvester (MTO) <Sylvester.Tuz@ontario.ca> Sent: Friday, October 2, 2015 2:51 PM To: Leigh, Andria; Witlib, Derek Cc: Polus, Asia (MTO) Subject: RE: Emailing: Notice of Public Hearing ( 2014-A-08 ) Moore Attachments: Notice of Public Hearing ( 2014-A-08 ) Moore.pdf Hi And ria and Derek, hope all is well. The Ministry of Transportation received a notice for Minor Variance Application 2014-A-08 for the property known as Part of Lot 16, Concession 2, Between Line 14 South and Line 15 South in the Town of Oro-Medonte, to be heard at the October 7th, 2015 Committee of Adjustment Meeting. After review, the Ministry has no objection in principle to the Minor Variance for decreased lot frontages at Line 14 south and Line 15 south, however, there are some notable comments which the Planning Department, CofA, and Applicant need to be aware of. Ministry of Transportation comments are as follows: -The Ministry of Transportation owns the portion of Line 14 South which the subject lands front. This portion of Line 14 South is designated a Controlled Access Highway. In order to receive legal access from Line 14 South, the applicant must obtain an MTO Entrance Permit. -The Ministry will not permit an Entrance onto Line 14 South and will not issue the required MTO Entrance Permit. Access to the subject lands must be via Line 15 South. -Any development on-site within 395m of the centre point of Highway 11 and Line 14 South or Highway 11 and Line 15 South will require MTO approval via MTO Building and Land Use Permits. trust that the above comments are clear. The Ministry would like to be circulated any notice of decision for the subject lands. Should you have any questions, please feel free to ask. Best Regards, Sylvester Tuz, B.E.S. Corridor Management Officer Ministry of Transportation Central Region Corridor Management Section 1201 Wilson Ave., 7th Floor Bldg D Downsview, ON M3M 1J8 Phone: 416-235-4351 Fax: 416-235-4267 Email: Sylvester. Tuz@ontario.ca -----Original Message ----- From: Longworth, Rebecca [mai Ito: riongworth@oro-medonte. ca] Sent: September -29-15 4:15 PM To: Tuz, Sylvester (MTO) Page 48 of 196 6.a) 5:30 p.m. Report No. DS2015-1 00, Derek Witlib, Manager,... Subject: Emailing: Notice of Public Hearing (2014-A-08) Moore Good afternoon, Please find attached Notice of Public Hearing for Application (2014-A-08). If you have any questions please contact Derek Witlib, dwitlib@oro-medonte.ca Thank you, Becky Rebecca Longworth Development Services Administrative Assistant Township of Oro-Medonte Notice of Collection/Use/Disclosure: All information about municipal services is collected in accordance with the Municipal Act, 2001, under s.8 and for Council's purposes under s.239(1) and may be used in Council deliberations, and disclosed in full, including email, names, opinions and addresses to other persons requesting access to records, or as part of a public agenda. All information submitted to the municipality is subject to the Municipal Freedom of Information Act (MFIPPA). Questions about this notice of collection should be directed to the Clerk's Office (705) 487-2171, ext. 2132. Please consider the environment before printing this email. This e-mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e-mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e-mail may contain viruses. The Township of Oro-Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro-Medonte reserves the right to monitor and review the content of all messages sent to or from this e-mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro- Medonte's e-mail system. Page 49 of 196 6.a) 5:30 p.m. Report No. DS2015-100, Derek Witlib, Manager,... Lake Simcoe Region conservation authority Sen t by em ail.-.dwi t1ib 0 oro -rte edon te, ca October 2, 2015 Mr. Derek Witlib Manager, Planning Services Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Minor Variance 2014-A-08 Owner: William and Dorothy Moore Part of Lot 16, Concession 2 (Oro) Between Line 14 South and Line 15 South Township of Oro-Medoate, County of Simcoe A Watershed for Life File No: 2014-A-08 IMS File No: PVOC1543C2 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 relief from Section 4.0 Table B - Standards for A/RU Zone of Zoning By- law 97-95 to permit lot frontages of 10 metres and 20 metres on Line 14 S and Line 15 S, respectively, when the bylaw requires a minimum lot frontage of 45 metres. The subject property contains significant woodland, provincially significant wetland, Bluffs Creek and its associated erosion and floodplain hazard lands. The LCA 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 th e Co nservation A u th orities Act. Based on information available in our office, the frontage on Line 15 South does not appear to be a viable entrance to the property due to the fact that it is blocked by provincially significant wetland and crosses the floodplain of Bluffs Creek. Alternatively, access off of Line 14 South, which appears to have been accommodated in the past through the public unopened road allowance, is recognized as an existing condition. Page 1of2 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 Fax: 905.853.5881 E -Mail: Info@LSRCA.on.ca Proud winner of the International Thiess Riverpr/ze memberpgf eCgobjr,\Ation Ontar'10 9 6.a) 5:30 p.m. Report No. DS2015-100, Derekk "ffiJyaRReger,... servationut 0 October 2, 2015 File No: 2014-A-08 IMS File No: PVOC1543C2 Mr. Derek Witlib Page 2 of 2 As such, we recommend that any approval of this application be subject to the following conditions: 1. That the Owner shall agree that all vehicular access to this lot shall be obtained through the frontage on Line 14 South. 2. That no new lots shall be created requiring access from the frontage on Line 15 South. 3. That the Owner shall obtain a permit from Lake Simcoe Region Conservation Authority for any development or site alteration within the area regulated under Ontario Regulation 179/06 under the Conserva tion A u th orities Act. If you have any questions, do not hesitate to contact me. Please advise us of any decision made with regard to this application. Please reference the above file numbers in future correspondence. Sincerely, Lisa -Beth Bulford, M.Sc. Development Planner LBB/ph C. Charles Burgess, Planning Coordinator, LSRCA Betty Pakulski, Environmental Regulations Analyst, LSRCA S:\Planning and Development Services\ Planning Act\Planning Act Applications\Oro-Medonte\172S43- 15 Line 14South\10-01-2015 Bulford Oro Medonte Line 14 S and Line 15 S 2014-A-08.docx Page 51 of 196 6.a) 5:30 p.m. Report No. DS2015-1 00, Derek Witlib, Manager,... SI'Mcoe County District School Board 11 7G Highway 26 West Mldhu r 1. Ontario LOL 1X0 October 5, 2015 Mr. Derek Witlib Deputy Secretary -Treasurer Committee of Adjustment 148 Line 7 South Township of Oro-Medonte LOL 2E0 Dear Mr. Witlib: P ho n e : f 705) 728-7570 Fax- (70 5) 72 8-2 265 w. scdsb, ori , ra MINOR VARIANCE APPLICATION 2014-A-08 WILLIAM & DOROTHY MOORE PART LOT 16, CONCESSION 1 TOWNSHIP OF ORO-MEDONTE Thank you for circulating a copy of the Minor Variance Application and supporting information for the above -noted property to this office. The applicant is requesting variances to the Minimum Lot Frontage requirements of Table B —Standards for (A/RU Zone) from the required 45 metres to 10 metres and 20 metres respectfully. Planning staff have no objection to the proposed minor variances. Elementary students may attend East Oro Public School and secondary students may attend Twin Lakes Secondary School. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, Holly Spacek, MCIP, RPP Senior Planner Page 52 of 196 6.b) 5:40 p.m. Report No. DS2015-094) Andria Leigh, Direct... Townsh* of 1P Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-094 Development services Andria Leigh, Director Committee Development Services Meeting Date: Subject: Motion # October 7, 2015 Minor Variance Application 2015-A-21 (Hahne) Roil #: 1090 Old Barrie Road R.M.S. File #: 4346-010-004-12300 Concession 10, East Part Lot D1 3-49551 10, RP 51 R-24754 Part 1 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-994 be received and adopted. 2. That Minor Variance Application 2015-A-21 by K. Horne, specifically to permit a detached agricultural/accessory building (woodworking shop) with an interior side yard setback of 15.0 metres, on lands located in Concession 10, East Part Lot 101 Reference Plan 51 R24754, Part 1 (Oro), Township of Oro-Medonte, known as 1090 old Barrie Road East, be approved. 3. That the following conditions be imposed on the committee's decision: a. That notwithstanding Table 134-C of Zoning By-law 97-95, the proposed agricultural/accessory building (woodworking shop) shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed buildings/structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the committee; c. That Staff may require an Ontario Land Surveyor to provide verification to the Township of compliance with the Committee's decision by 1) pinning the foundation wall; 2} verifying by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is a minimum of 15.0 metres from the interior side lot line; d. That the appropriate Zoning certificate and Building Permit be obtained from the Township only after the committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of council's decision under the Director, Development Services signature. Development Services October 7, 2915 Report No. DS2915-094 Page 1 of 6 Page 53 of 196 Background: 6.b) 5:40 p.m. Report No. DS2015-094) n na Leigh, The subject property is 13.3 hectares (33 acres) and is currently vacant. The applicant is proposing to construct a single detached dwelling and the accessory/agricultural building proposed through this variance in the spring of 2016. The proposed building subject to this variance application is proposed to be used for a personal woodworking shop as noted in the application. The 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: Required Proposed Table B4 -C Standards for 30.0 metres 15.0 metres Agricultural/Rural Zone —Provisions for (96.4 feet) (49.2 feet) Buildings —Interior Side Lot Line 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: 1.1.4 — Rural Areas and 2.3 — Agriculture are applicable to this application. These sections have been reviewed and staff is of the opinion that this application is consistent with the policies in the PPS. Does the variance conform to the general intent of the Official Plan? The subject lands are designated Rural and oro Moraine Core/Corridor Area in the Township's Official Plan, the proposed building is located within the Rural designated lands. section c2 of the Official Plan contains policies related to the use and development of lands in this designation. Permitted uses include single detached dwellings and accessory buildings, as outlined in section c2.2. one of the Official Plan's stated objectives (Section c2.1) of the Rural designation is "to preserve and promote the rural character of the Township and the maintenance of the open countryside." The subject property does permit agricultural uses and agricultural accessory buildings such as the woodworking shop proposed. The structure proposed on the site will be designed to be consistent with the surrounding residential and agricultural uses. Furthermore, the proposed detached agricultural/accessory building (woodworking shop) is accessory to the single detached dwelling which is a permitted used. Based on the above, the requested variances conform to the official Plan. Development Services October 7, 2015 Report No. DS2015-994 Page 2 of 6 Page 54 of 196 6.b) 5:40 p.m. Report No. DS2015-094) Andria Leigh, Direct... Does the variance conform to the general intent of the Zoning Bv-law, and is the variance appropriate for the desirable development of the lot? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By- law 97-95. According to the By-law, an accessory building (woodworking shop) is permitted pursuant the permitted uses Table A4 in accordance with the zone provisions contained in Table B4. The proposed development of the lands requires relief with a reduction of the interior side yard setback for the proposed building. It is acknowledged that custom workshop is defined in the Zoning By-law as "Means premises used by a trade, craft or guild for the manufacture, in small quantities, of made to measure clothing or articles including the sale of such products at retail and, for the purpose of this By-law shall include upholstering but does not include metal spinning, woodworking or furniture manufacturing." Based on the discussions with the applicant at the time of submission, it is the applicant's intent that the building and use for woodworking is proposed for personal usage and not the sale of such products, which should be confirmed. 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 be appealed to the Ontario Municipal Board and council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1999, c. P.13 • Provincial Policy Statement 2914 • Growth Plan for the Greater Golden Horseshoe, 2996 • county of Simcoe official Plan • Township of oro-Medonte official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services October 7, 2015 Report No. DS2015-094 Page 3 of 6 Page 55 of 196 Corporate Strategic Goals: 6.b) 5:40 p.m. Report No. DS2015-094) Andria eigpirect... 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: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2615-A-21 be approved, specifically, to permit the construction of an accessory/agricultural building with a 15.6 metre interior side yard, on the basis that the application appears to meet the four tests of the Planning Act. Respectfully submitted: r Andria Leigh, Niel , RPP Director, Development Services SIUIT Approval 1 Comments: Development Services October 7, 2015 Report No. DS2015-094 Page 4 of 6 Page 56 of 196 Schedule 1: Location Map 2015-A-21 (Horne) 6.b) 5:40 p.m. Report No. DS2015-094) Andria Leigh, Direct... Development Services October 7, 2015 Report No. DS2015-004 Page 5 of 5 Page 57 of 196 Schedule 2: Applicant's Sketch 2015-A-21 (Horne) P € 1'11116 J c I _ -^-- -Aiuzfir ,a 6.b) 5:40 p.m. Report No. DS2015-094) Andria Leigh, Direct... Ll i Development Services October 7, 2015 Report No. DS2015-094 Page 5 of 5 Page 58 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... Recommendation(s): Requires Action For Information Only It is recommended-. 1. That Report No. DS2015-099 be received and adopted. 2. That Minor Variance Application 2015-A-32 by J. Voorheis, specifically to permit a boathouse with an increased height of 5.5 metres, on lands located in Range 1, Part Lots 1 & 2, Plan M1 91, Lot 4 (Oro), Township of Oro-Medonte, known as 7 Black Forest Lane, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.6.g 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 provide verification to the Township compliance with the Committee's decision prior to approving the framing inspection to confirm that the maximum height of the boathouse is no more than 5.5 metres (18.0 feet) measured from the average high water mark of Lake Sirricoe (219.15 m.a.s.l.); 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 I s decision under the Director, Development Services signature. Development Services Report No, []s201 -99 October 2015 7, Page 1 of 9 Page 59 of 196 ,T)WIlship 0J_ Report r 0 V&6&11t40� Proud Heritiwe, Exciting Future ReportNo. To: Prepared By: S2 15-199 Development Services Adrianna Spinosa, Committee Planner Meeting Date: S u bject: Motion # October 7, 2015 Minor Variance Application 2015-A-32 (Voorheis) 7 Black Forest Lane R.M.S. File #: Roll #: 4346-010-007-07603 D1-494945 Recommendation(s): Requires Action For Information Only It is recommended-. 1. That Report No. DS2015-099 be received and adopted. 2. That Minor Variance Application 2015-A-32 by J. Voorheis, specifically to permit a boathouse with an increased height of 5.5 metres, on lands located in Range 1, Part Lots 1 & 2, Plan M1 91, Lot 4 (Oro), Township of Oro-Medonte, known as 7 Black Forest Lane, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.6.g 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 provide verification to the Township compliance with the Committee's decision prior to approving the framing inspection to confirm that the maximum height of the boathouse is no more than 5.5 metres (18.0 feet) measured from the average high water mark of Lake Sirricoe (219.15 m.a.s.l.); 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 I s decision under the Director, Development Services signature. Development Services Report No, []s201 -99 October 2015 7, Page 1 of 9 Page 59 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... Background: The subject property is 0.30 hectares {1.83 acres), contains a single detached dwelling, and is located on Lake Simcoe. The applicant is proposing to construct a new one - storey 89.8 sq.m (966 sq.ft.) boathouse with an upper deck. The property is zoned Rural Residential One Exception 10 (RUR1 *10) in the Township's Zoning By-law and the applicant is requesting the following relief from By-law 97-95: Required Proposed Section 5.6.e — Maximum height of boathouse 4.5 metres 5.5 metres (14.7 feet) (18. 0 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 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 197/06 under the Conservation Authorities Act. The members of the Committee should have significant regard to any comments or requirements of the Lake Simcoe Region Conservation Authority. The 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- • To maintain the existing character of this predominantly residential area; and • To protect the natural features of the shoreline area and the immediate shoreline. Development Services Report No. DS2015-099 October 7, 2015 Page 2 of 9 Page 60 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... The proposed variance relates to the replacement of an existing boathouse 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, is the variance appropriate for the desirable development of the lot? The subject property is zoned Rural Residential One Exception 10 (RUR1 *10) Zone in the Township's Zoning By-law 97-95. Exception 10 does not relate to the proposed application for a boathouse as it speaks to the minimum required first floor area of the dwelling. Table Al of the By-law identifies permitted uses within the RURII 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 the required setbacks however, requires relief from the maximum height of the boathouse from th e average high water mark of Lake S i mcoe , 4.5 metres (114.7 feet). The Zoning By -lawns requirement for a 4.5 metre height restriction is intended to restrict development at the shoreline. The proposed boathouse height will exceed the maximum height standard by 1.0 metre (3.2 feet). The boathouse itself is only 3.6 metres (11.8 feet) from the slab to the top of roof. However, the variance is requested for 5.5 metres because height is measured from the average high water mark (identified as the 219.15 m.a.s.l. elevation by the Conservation Authority) and the structure is located 1.9 metres (6.2 feet) above the high water mark due to the existing elevations. Therefore, despite the increased height, the size of the actual structure is not expected to appear larger than the standard permitted by the Zoning By-law. Upon site visit, Staff has identified that the lots are large in size providing a lot of separation between neighbouring development. Specifically, the boathouse at the easterly property is about the same size as what is being proposed. The proposed location appears to have little to no impact on the neighbouring properties as the boathouse is proposed at the westerly side of the property and the westerly side lot line is densely lined with trees. The tree line provides privacy to the property and assists to buffer the proposed development from the adjacent neighbour. 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 a boathouse, is considered to conform to the general intent of the Official Plan, to meet thegeneral 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 Report No. DS2015-099 October 7, 2015 Page 3 of 9 Page 61 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2014 Growth Plan for the Greater Golden Horseshoe, 2006 • Lake Simcoe Protection Plan Township of Oro-Medonte official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended county of Simcoe Official Plan Corporate Strategic Goals: Qualitv of Life To contribute to an enriched quality of life for residents by maintaining Oro-Medo,nte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainabiiit To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: 0 Transportation & Environmental Services Division: 0 Building Division: no concerns 0 County of Simcoe, 0 Lake Simcoe Region Conservation Authority: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Cross Section Schedule 4: Elevations Development Services Report No. DS 015-099 October 7, 2015 Page 4 of 9 Page 62 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... Conclusion: Based on the plan submitted, Planning Staff recommends that Variance Application 2015-A-32 be approved, specifically, to permit the construction of a boathouse, on the basis that the application appears to meet the four tests of the Planning Act. Respectfully submitted: Adria nna Sp sa Planner SMT Approval I Comments: Development Services Report No. DS 015-099 Reviewed by: Derek Witlib, MCIP RPP Manager, Planning Services October 7, 2015 Page 5 of 9 Page 63 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianne Spinosa, Plan... Schedule 1: Location Map 2015-A-32 (Voorheis) xe5 �F a Subject Lands Developmentervi e October �', '� Report No. D1 - Page 6 of Page 64 of 196 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... Schedule 2: Applicant's Site Plan 2015-A-32 (Voorheis) Ad ZC'9Z r S lOVO ly. a- LLJ Ley *6 Ln i Z 4ti CL FA 4(1 ILL, N: ­T U) a_ Qt 14 A < 0 EO 2: CL K Qa r _ rti � j �; . � Lr) I -J CL ik .7� =now A, L UL a LU F 1. 7, I tz 1644 a f-; �JFCT 70 A.0 EASE, NT AS IW LT&;� amp ==ago Tzi GPM P6 1 e44 Development Services Report No. Dol -o IM %IU Octoberr 7y 2015 Page 7 of 9 Page 65 of 196 Ilk A t A I f+1 *114 z A M , jjL > L: � (LL�., L`t Si _j w L t % :1 L! 't 1,x. 7 JA C) LLJ 110 0 LO z 4, Ui j QJ LU F 1. 7, I tz 1644 a f-; �JFCT 70 A.0 EASE, NT AS IW LT&;� amp ==ago Tzi GPM P6 1 e44 Development Services Report No. Dol -o IM %IU Octoberr 7y 2015 Page 7 of 9 Page 65 of 196 Schedule 3: Cross Section 2015-A-32 (Voorheis) Z 7'.F 4 2 CL < cog; < z LU 0 _U = CL Uj 0 < F'- Lo -Ik z ---- ------- LLJ Out, < LL LL 4 LL Ce rs LU p CL z ij ESL zw L, .z < �L r- LL; aj n! If; Cr UJ . r .......... $Tf w < 77 Z �-j LL ......... < E 1 0 Lr DevelopmentL Services October 7, 2015 Report No. DS2015-099 Page 8 of 9 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... 007; Z L7- C", LL B -71 )Cb V112 Page 66 of 196 Schedule 4: Elevations 2015-A-32 (Voorheis) APE STONE SY APE APCHITECT GtASS GLI AR D F71NISHED CONCIRETE 6.c) 5:50 p.m. Report No. DS2015-099, Adrianna Spinosa, Plan... — BRICK SOLDIER COURSE BR10( 171,41SH GARAGE DOOR H,gh point d Roo 180 mar F15il 0 ;GcoundWager l -m ,- South �? }iso SOLDIER COURSE 7LASS GUARD =,4SHED CONCRETE Is 41 D-) Z tz- — BRICK SOLDIER COURSE BR10( 171,41SH GARAGE DOOR H,gh point d Roo 180 mar F15il 0 ;GcoundWager l -m ,- South �? }iso SOLDIER COURSE UP.1-(TYP� ...... . T-T 71INISH 7, M GLALs NG °al'S [N CONCRETE FOR --1.-- o. 2 ........ L .......... rte: t vENEER REFER �O . .......... ...... Sv.FI TON EIRUMYVELL GRAC)ING �;'L AN AN D COO P'NN ATE W TH ........... . .. .. ..... ............. J-1 j LANDSCAF CONCRETI Development Services Report No. DS2015-099 October 7, 2015 Page 9 of 9 Page 67 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... Township of Report �`0��.�� Proud Heritage, Exciting Future Report No. DS2015-098 Meeting Date: October 7, 2015 Roll #: 4346-020-004-02600 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2015-A-34 (Davies) 4040 Line 12 North Prepared By: Adrianna Spinosa, Planner Motion # R.M.S. File #: D13-49632 Requires Action For Information Only 1. That Report No. 5201 -098 be received and adopted. 2. That Minor Variance Application 2015-A-34 by J. Davies, specifically to permit a deck with a reduced setback to an Environmental Protection (EP) Zone, on lands located in Concession 12, South Part Lot 6 (Medonte), Township of Oro- Medonte, known as 4040 Line 12 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.28 of Zoning By-law 97-95, the proposed deck 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 applicant satisfy any permits and/or approvals required from the Nottawasaga Valley Conservation Authority; d) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, 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 is 0.27 hectares (0.66 acres) and is a corner lot, having 51.8 metres (170 feet) of frontage along Line 12 North, and the same along Warminster Sideroad. The property currently supports a single detached dwelling and two sheds. Development Services Report No. DS2015-098 October 7, 2015 Page I of 8 Page 68 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... The applicant began construction of a wraparound deck at the side/rear of the house and reconstructed/enlarged a mudroom at the rear. The applicant's site plan is included as Schedule 2 to this report. The Township Building Inspector issued an Order to Comply under the Building Code for the construction without a permit. Photos taken by the Building Inspector are included as Schedule 3 to this report. Upon initiating the permit process with the Townships Development Services Department, Planning Staff identified that the deck was constructed in a location that is not permissible in the Township's Zoning By-law. The property is zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone. The lands subject to the deck/addition are zoned AU however, the Zoning By-law requires a buffer from the EP Zone boundary and therefore, the applicant is requesting the following relief: Required Section 5.28 — Setbacks from the limit of 30 metres Environmental Protection Zone (98.4 feet) Analysis: Provincial Policies Proposed 2.0 metres (6.6 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 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 NCA relating to Ontario Regulation 197/06 under the Conservation Authorities Act. The members of the Committee should have significant regard to any comments or requirements of the Nottawasaga Valley Conservation Authority. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Sections: 1.1.4 — Rural Areas and 2.3 — Agriculture are applicable to this application. These sections have been reviewed and Staff is of the opinion that this application is consistent with the policies in the PPS. Does the variance conform to the general intent of the Official Plan? The subject lands are designated Agricultural in the Township's Official Plan, and Section C1 of the Official Plan contains policies related to the use and development of lands in this designation. Permitted uses include single detached dwellings, as outlined in Section C1.2. One of the Official Plan's stated objectives (Section c1.1 of the Agricultural designation is "to protect land suitable for agricultural production from development and land uses unrelated to agriculture." Development Services Report No. DS2015-098 October 7, 2015 Page 2 of 8 Page 69 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... Due to lot size, the subject property does not permit for agricultural production however, the residential use is permitted therefore the deck and mudroom addition are suitable development. Based on the above, the requested 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 lot? The subject property is zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone according to the Township's Zoning By-law 97-95. The existing single detached dwelling is entirely within the A/RU Zone of the property and is a permitted use per Table A4 of the Zoning By-law. However, Section 5.28 of the Zoning By-law states: "Notwithstanding any other provision in this By-law, no building or structure, with the exception of boathouses and pumphouses, shall be located within 30 metres (98.4 feet) of the boundaries of the Environmental Protection Zone.!! On this basis, the existing dwelling is a non -complying structure as it is located within the required 30 metre buffer. For the purpose of addressing structures that existed at the time the By-law came into place and are now considered a non -complying structure, the By-law goes on to state: "This provision, shall also not prevent the expansion or replacement of buildings or structures, with the exception of boathouses and pumphouses, that existed on the effective date of this By-law within this setback area, provided the expansion or replacement does not have the effect of reducing the setback from the Environmental Protection Zone boundary or increasing the volume or floor area of a building in a minimum required yard." Meaning, had the deck not been constructed on the side of the house where the EP Zone lays, the construction would have met the By-law. Since the deck and mudroom, expansion are located on the side of the house closest to the Environmental Protection Zone, the minor variance for a reduced setback to the EP boundary is necessary. Staff are of the opinion that the increased floor area of the mudroom and the uncovered, unenclosed deck is minimal and will not adversely affect the environmental buffer, pending comments from the Noftawasaga Valley Conservation Authority. 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 a deck is considered to conform to the general intent of the Official Plan, to meet the general intent of the I Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services October 7, 2015 Report No. DS2015-098 Page 3 of 8 Page 70 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... Financial / Legal Implications !Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P-13 • Provincial Policy Statement 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of oro -f' edonte 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 -I" edonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs." Sustainability — 7o 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: Simcoe County District School Board: Attachments: Schedule 1: Location Map Schedule 2: Applicant's Sketch Schedule 3: Site Photo, taken August 5, 2015 by J. Craig I Conclusion: Planning Staff recommends that Minor Variance Application 2015-A-34 be approved, specifically, to permit the construction of an addition and deck, on the basis that the application appears to meet the four tests of the Planning Act. Development Services Report No. DS2015-098 October 7, 2015 Page 4 of 8 Page 71 of 196 Respectfully submitted: " Adrianna SO Ip i a Planner SMT Approval / Comments: Development Services Report No. DS2015-098 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... RevibY' w ' ed y. Derek Witlib, MCIP, RPP Manager, Planning Services October 7, 2015 Page 5 of 8 Page 72 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adnanna Spinosa, Plan... Schedule 1: Location Map 2015--3 (Dairies) Development Services Report No. DS I -098 October 7, 2015 Page 8 of Page 73 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... Schedule 2: Applicant's Sketch 2015-A-34 (Davies) Deck Mudroom Development Services Report No. DS2015-098 October 7, 2015 Page 7 of 8 Page 74 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... Schedule : Site Photo 2015-A-34 (Davies) Development Services � October 7, 201 Report No. DS201 -998 Page 8 of Page 75 of 196 6.d) 6:10 p.m. Report No. DS2015-098, Adrianna Spinosa, Plan... Brissette, Marie Subject: RE: NVCA Comments: Public Hearing Oct. 7, 2015 (2015-A-34; 2015-B-22) From: Logan Juffermans [mailto:liuffermans@nvca.on.ca] Sent: Tuesday, October 6, 2015 5:33 PM To: Witlib, Derek <dwitlib@oro-medonte.ca> Cc: Longworth, Rebecca <rlongworth@oro-medonte.ca>; Spinosa, Adrianna <ASpinosa@oro-medonte.ca> Subject: NVCA Comments: Public Hearing Oct. 7, 2015 (2015-A-34; 2015-B-22) Hello Derek; Please find the NVCA comments included: • 2015-13-22 (McCaskie); The comments have been attached to this email, and a revised severance map provided. NVCA comments seek to ensure natural heritage and hazard features are not bisected by the proposed severance. Development on the severed property will require a permit or approval from the Conservation Authority. • 2015-A-34 (Davies); NVCA staff have reviewed this proposed minor variance to permit an addition and deck to an existing single family dwelling. The proposed work sought relief for the setback requirement to an environmental feature (tributary of Coldwater River). Technical review of this proposed work deemed the addition acceptable, and the NVCA would not have objected to the minor variance application. Notice that approval or a permit from the Conservation Authority would be required, would have been included within the minor variance comments. As the construction of the proposed work has already occurred, NVCA staff are unable to provide approval for the proposed and now completed deck and addition. If you have any additional questions do not hesitate to contact me directly. Thank you for your consideration. 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 This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 76 of 196 6.e) 6:20 p.m. Report No. DS2015-101, Derek Witlib, Manager,... Township of Report �-�CC�� Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-1 01 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Consent Application Motion, # October 7, 2015 2015-13-22 by Chris & Sherry McCaskle 776 Line 2 South Roll #: R.M.S. File #: 4346-010-007-02900 D1 -49687 Recommendation(s): Requires Action X For Information Only 1:1 It is recommended: 1. That Report No. DS2015-101 be received and adopted. 2. The Development Services Committee grant provisional consent to Application 2015-B-22 to create an agricultural lot, subject to the following conditions: a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; c) That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) That a Minimum Distance Separation 1 (IVIDS1) calculation be completed to the satisfaction of the Township with respect to the existing livestock barn on the retained parcel and, if necessary, the applicant obtain a Building Permit to retrofit the interior of the barn to achieve compliance with MDS1; f) 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 g) 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. Development ServiOctober 7, 2015ces Page 1 of 7 Report No. DS2015-101 Page 77 of 196 6.e) 6:20 p.m. Report No. DS2015-101, Derek Witlib, Manager,... Background: The purpose of Consent application 2015-B- is to sever a farm parcel., as follows: The lands to be severed are vacant of buildings and comprise approximately 12 hectares (29 acres) of cultivated land and approximately 26.3 hectares (65 acres) of forested land. The applicants have advised that they intend to construct a dwelling and a barn on these lands, and to keep these lands in cultivation. The lands to be retained contain and existing dwelling, barn, silos and a small farm building. These lands comprise approximately 29.5 hectares (73 acres) of cultivated land and approximately 12.5 hectares (31 acres) of forested land. The applicants have advised that they intend to retain the buildings on these lands for continued residential and agricultural use of the lands and buildings. Analysis: The purpose of application 2015-B-22 is to sever the subject lands for agricultural purposes, resulting in the creation of one new agricultural lot. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: Provincial Policy Statement 2014 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Development Services Report No. DS2015-101 October 7, 2015 Page 2 of 7 Page 78 of 196 Lot Area: Frontage. Depth. Lands to be Severed: 38 hectares 320 metres 1274 metres (94 acres) (1050 feet) (4180 feet) Lands to be Retained: 42 hectares 308 metres 1400 metres L (104 acres) (11010 feet) (4593 feet) The lands to be severed are vacant of buildings and comprise approximately 12 hectares (29 acres) of cultivated land and approximately 26.3 hectares (65 acres) of forested land. The applicants have advised that they intend to construct a dwelling and a barn on these lands, and to keep these lands in cultivation. The lands to be retained contain and existing dwelling, barn, silos and a small farm building. These lands comprise approximately 29.5 hectares (73 acres) of cultivated land and approximately 12.5 hectares (31 acres) of forested land. The applicants have advised that they intend to retain the buildings on these lands for continued residential and agricultural use of the lands and buildings. Analysis: The purpose of application 2015-B-22 is to sever the subject lands for agricultural purposes, resulting in the creation of one new agricultural lot. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: Provincial Policy Statement 2014 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Development Services Report No. DS2015-101 October 7, 2015 Page 2 of 7 Page 78 of 196 6.e) 6:20 p.m. Report No. DS2015-101, Derek Witlib, Manager,... In prime agricultural areas, the PPS discourages lot creation and states that new lots may only be permitted under strict criterion. Policy 2.3.4.1 states that lot creation for agricultural uses is permitted provided that the lots are of a size appropriate for the type of agricultural use common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations. The proposed severance would result in severed and retained parcels possessing lot areas of 38 hectares (94 acres) and 42 hectares (1104 acres) respectively and these sizes are consistent with the typical farm parcel sizes in Oro-Medonte and, in Planning Staff's opinion, both parcels would remain flexible for the types of agricultural activities common to the area. Therefore, the lot creation is consistent with the Provincial Policy Statement, 2014. Growth Plan for the Greater Golden Horseshoe This application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.9.2 of these policies state that "[development] outside of settlement areas may be permitted in rural areas in accordance with Policy 2.22 1 (i), I which states that "[population] . growth will be accommodated by ... directing development to settlement areas, except where necessary for development related to ... rural land uses that cannot be located in settlement area e'. Policy 2.2.9.3 also states that new lots will be directed to settlement areas and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan as of the effective date of this Plan. As stated in this report, the Township Official Plan and Zoning By-law contemplate this type of development and would therefore satisfy this policy. As previously stated, the purpose of the subject Consent Application is to sever an agricultural lot. In this regard, it is noted that, agricultural parcels are not a form of development that should be directed to a settlement area and therefore the application would conform to the Places to Grow policies of the Province. County of Simcoe Official Plan Section 3.6.6 of the County of Simcoe Official Plan states that agricultural areas will be protected for agricultural and compatible uses and should generally not be less than 35 hectares or the original survey lot size. The proposed severance would result in severed and retained parcels possessing lot areas of 38 hectares (94 acres) and 42 hectares (104 acres) respectively, which would be in conformity with the policy. Township Official Plan The subject lands are designated Agricultural in the Township's Official Plan. Section 1.3.1 of the Agricultural designation states that it is the intent of the Plan that land which is suitable for agricultural use be protected from development and land uses unrelated tog riculture. The Official plan supports the development of agricultural uses and the proposed consent would result in agricultural parcels which exceed the minimum lot Development Services Report No. DS2015-101 October 7, 2015 Page 3 of 7 Page 79 of 196 6.e) 6:20 p.m. Report No. DS2015-101, Derek Witlib, Manager,... area requirements for agricultural purposes and maintain the lot area consistent within this area. On this basis, the application is considered to be appropriate and generally conforms to the Official Plan. Zoning B.V-1aw The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By-law 97-95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural/Rural (A/RU) Zone, as the minimum lot area and frontage have been met. Therefore, the application would comply with the provisions as prescribed by the Zoning By-law. Minimum Distance Separation (MDSi The subject lands are not currently being used for livestock purposes, however there is a livestock barn on the proposed retained parcel. In accordance with the policies of the Provincial Policy Statement 2014, the County Official Plan and the Township's Official Plan, new lot creation must comply with Minimum Distance Separation 1 (MDS1) provisions for the purpose of a distance buffer between livestock uses and new lots. MDS1 separations are based on a formula for which the variables include the type of livestock, the capacity of the barn and the amount of tillable hectares on the lands. In order to ensure compliance with IVIDS1, Planning Staff recommends that, as a condition of consent, a IVIDS1 calculation be completed and in the event that the distance from the barn to the proposed new lot line does not comply with IVIDS1, that the be required to retrofit the barn (e.g. replace livestock stalls with storage space) to reduce the livestock capacity to the necessary level of IVIDS1 compliance. Corporate Strategic Goals: Quality of Life — "To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs.'! Sustainability — "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Safe & Healthy Community — "To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles," External Relations — "To be recognized as a 'good neighbour' with municipalities in the local area and to be proactive in promoting the interests of the Township at the County, Provincial and Federal levels of Government and with private sector organizations. Development Services Report No. DS2015-101 October 7, 2015 Page 4 of 7 Page 80 of 196 6.e) 6:20 p.m. Report No. DS2015-101, Derek Witlib, Manager,... Financial Stewardship — "To continue to improve value received in the expenditure of tax dollars as morel I as maintaining a f inancial position that is f iscally sou rid f o r the Township.'' Consultations: 0 Environmental Services Division — 0 Transportation Division — 0 Building Division — no concerns 0 County of Simcoe — 0 Nottawasaga Valley Conservation Authority — Attachments: Schedule 1: Location Map Schedule 2: Applicant's Sketch Conclusion: Planning Staff recommends that Consent Application 2015-13-22 be approved, subject to the recommended conditions of consent, for the reasons that the application complies with the provisions of the zoning by-law, generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2014. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services October 7, 2015 Report No. DS2015-1 01 Page 5 of 7 Page 81 of 196 6.e) 6:20 p.m. Report No. DS2015-1 01, Derek Witlib, Manager,... Schedule 1; Location Map — Subject t Lands Development Services Report No. D 1 -1 1 October 7, 2015 Page 6 of 7 Page 82 of 196 6.e) 6:20 p.m. Report No. DS2015-1 01, Derek Witlib, Manager,... Schedule : Applicant's Sketch 9'11. LJW% SIdshqur.veft+M► . Ca...• 1 . L. Development Services Report No. [ 01, -101 October 7, 201 Fags 7 of 7 Page 83 of 196 Nottawasaga Valley Conservation Authority October 6, 2015 Derek Witlib, Deputy Secretary -Treasurer Committee of Adjustment Township of oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2 EO Dear Mr. Witlib; 6.e) 6:20 p.m. Report No. DS2015-1 01, Derek Witlib, Manager,... Re: Application for Consent 2015-B-22 778 Line 2 South, Lot 4, 2nd Range Township of Oro-Medonte (Formerly Township of Oro) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent in accordance with Natural Heritage policies established under the Provincial Policy Statement and the NVCA's Planning and Regulation Guidelines (August 2009). We offer the following for consideration by the Committee. The NVCA understands this application will result in the creation of an additional lot. The properties would be bisected at the rear by a seasonal tributary of Willow Greek. Portions of the proposed severance and retained parcels include evaluated Provincially Significant Wetlands (Shanty Say Swamp), unevaluated wetland features and associated setback buffers. Additional portions at the rear of the retained property appear to exhibit wetland characteristics. While the NVCA has no objection to the approval of this application, we believe that an alternative configuration for the severance should be considered, that ensures natural heritage and hazard features are not bisected. A draft plan for the severance has been attached for discussion purposes. We are available to discuss this application further if necessary. We advise a significant part of the properties are regulated by the NVCA where a permit is required under the Conservation Authorities Act prior to any development. Any development of the severed property will need to comply with NVCA policies and regulations. An entranceway would be directed to the southeast corner of the property and any building envelope to the existing area outside of the NVCA regulated area. Please note our approach is consistent with the Provincial Policy Statement whereby natural features shall be protected for the long term and the NVCA's Planning and Regulation Guidelines where the establishment of lot lines which bisect Natural Heritage and Natural Hazard features is avoided. Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1T0 T: 705-424-1479 F: 705424-2115 admin@nvca.on.ca ■ nvca.on.ca Page 8M6"6of Conservation Ontario Nottawasaga Valley Conservation Authority 6.e) 6:20 p.m. Report No. DS2015-1 01, Derek Witlib, Manager,... Thank you for circulating this application and please forward a copy of any decision. Sincerely, Logan Juffermans Planning Assistant Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia,, ON LOM 1TO T:705-424-1479 F: 705-424-2115 admin@nvca.on.ca ■ nvca.on.ca Page Am gb66°f Conservation Ontario Ln T--1 0 4-J U 0 1 �10 0 Em DS2015-101, Dere Witl i b, M nag'.pr,.. O:Lj 0 -r- = E U) -0 R 2 D 0 U) 0- '. _0 4� 4-J -L' 0 —i , F L. 4� L. D 0- (1) 0 u u 00 > 0 0 M>> Ln L CO CL (1)I) u O D L- .61 D o o, 2 C: o 'O.Ln E &Z 0�20 DEEro ro 4-1 D < SQ C)- 4__ 4� > 0 > 0 ro L. j ro C: =;0 cl ro U) U 0 D U LD C: o >, ro > 0.— Z ro Lr) 4--+ U) 4"! O (V 4� -:: u o -o,2u -2 1L:) Q) 0 -,o E E L- En 5,2 o U) L■ ii- 41& 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Township o, f Report F_ Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-095 Development services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # October 7, 2015 consent Applications 2015-B-235 2015-24 & 2015-25 Mark Porter/Lovers Harbour Roll #:( R.M.S. File #: 4346-010-006-09500 Inc.) D10 49552 4346-010-006-09600 298-302 shanty Bay Road, D10 49562 4346-010-006-09700 Concession 1, Plan 1, E Pt Lot D10 49563 169W Pt Lot 16, PtBlkH and RP 51 R-37843, Part 1, and Pt Lots 15 and 16, Pt B I k H, Township of oro-Medonte Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2015-095 be received and adopted. 2. That consent Applications 2015-B-23, 2015-B-24 and 2015-13-25 by Mark Porter/Lovers Harbour Inc. for the creation of 3 new lots for residential use, on lands located at 298-302 Shanty Bay Road, be approved, subject to the following conditions-: 3. ay That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary - Treasurer; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; (c) That the applicant satisfy any permits and/or approvals required by the Lake Simcoe Region Conservation Authority; (d) That the applicant pay $ 2,000.00 to the Township for the severed lot created as cash -in -lieu of a parkland contribution; (e) That official Plan Amendment No. 38 obtain final approval from the county of Simcoe and come into force and effect: (f) That all municipal taxes be paid to the Township of oro-Medonte; Development Services Department October 7, 2015 Report No. DS2015-095 Page 1 of 12 Page 87 of 196 6.f) 6:30 p.m.. Report No. DS2015-095, Andria Leigh, Director... (g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The purpose of this report is to consider consent (severance) applications submitted by Innovative Planning Solutions on behalf of the landowner, Mark Porter/Lovers Harbour Inc, for the creation of 3 new and 2 retained lots, for a total of 5 residential lots. A location map of the subject lands is included as Schedule #1. The subject lands, which include two properties, possess a frontage along Shanty Bay Road of approximately 106 metres (347 feet), a depth of approximately 63 metres (206 feet) along Colborne Street, and a total area of approximately 0.71 hectares (1.76 acres). The first property contains two detached residential dwellings, one commercial building with 2 residential apartments above, and several accessory buildings. The second property contains one accessory structure (which was converted from a single detached dwelling in 2011). The surrounding lands uses include waterfront properties with dwellings, a commercial building with multiple units including an auto body repair shop, and a range of single detached dwellings. The applicant's proposed severance sketches is Included as Schedule #2. The lands are proposed to be severed as follows: Lands to be Severed Lot Frontage Lot Area Lot 1: Lot 2: 21.6 metres 21.0 metres 1,355.8 sq. metres 1,311.6 sq. metres Lot 3: 25.2 metres 1,228 sq. metres The lands were the subject of official Plan and Zoning By-law Amendments (Applications 2014-OPA-01 and 2014-ZBA-02, which were approved by the Development Services committee in August, 2015. OPA 38 has been submitted to the County of Simcoe as the Approval Authority; however to date no decision on this Amendment has been given by the County and as such any decision of this Committee would be the subject of a condition requiring that Amendment No. 38 be in force and effect having obtained a final approval by the county of Simcoe. By-law 2015-149 rezoned the lands from the Residential one (R1) and `Local commercial Exception 116 Development Services Department October 7, 2015 Report No. DS2015-095 Page 2 of 12 Page 88 of 196 Lot Frontage Lot Area Retained Parcel (298 Shanty Bay Road) 21.6 metres 1,352.3 sq. metres Retained Parcel (300- 302 Shanty Bay Road) 30.55 metres 1 1,255 sq. metres The lands were the subject of official Plan and Zoning By-law Amendments (Applications 2014-OPA-01 and 2014-ZBA-02, which were approved by the Development Services committee in August, 2015. OPA 38 has been submitted to the County of Simcoe as the Approval Authority; however to date no decision on this Amendment has been given by the County and as such any decision of this Committee would be the subject of a condition requiring that Amendment No. 38 be in force and effect having obtained a final approval by the county of Simcoe. By-law 2015-149 rezoned the lands from the Residential one (R1) and `Local commercial Exception 116 Development Services Department October 7, 2015 Report No. DS2015-095 Page 2 of 12 Page 88 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... (LC*1 16) Zones to the Residential one Exception 260 (R1 *260) and Residential one Exception 261 (R1 *261) Zones. The purpose of the Zoning By-law Amendment was to recognize a site specific minimum lot frontage and minimum lot area requirement and to permit personal storage space in a multi -residential building with two residential apartments with a reduced minimum lot frontage, reduced lot area, and reduced minimum front yard setback. The applications were originally submitted in early 2014 and were the subject of the legislated Public Meeting in december 2014. The application submission included a number of technical reports in support of the application that addressed the matters raised by the commenting agencies and the Township. Analysis: Does the application conform to the following policies? Township's official Plan The subject lands were designated Rural Exception by official Plan Amendment No. 38 which added a new subsection 02.4.2 under the Rural designation as follows: "C2.4.2— Plan 1, E Pt Lot 16, W Pt Lot 16, Pt Blk H and RP 61 R-37843, Part 1, and Pt Lots 16 and 16, Pt Blk H, Township of oro-Medonte Notwithstanding any other policies in this Plan, on the lands shown as being subject to this Section on Schedule A to this Plan, the severance of the property for three new residential lots to be created with lot frontages of 21.0 metres and lot areas of 0.12 hectares resulting in a total of five residential lots is permitted. 2.1 .1 Map Amendment Schedule A - Land Use is hereby amended by re -designating the lands as shown on Schedule A attached hereto from the Rural to the Rural Exception designation and indicating the lands shown on Schedule A attached hereto as subject to Section 02.4.2. Permitted uses in this designation include residential uses as proposed by these applications. The proposed use of the lands for residential purposes would conform with these policies. The site specific policies further permit the consideration of the lot creation applications now being proposed by the landowner. A review of the general consent policies in Section D2.2.1, New Lots by consent - General Criteria, is also required: Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: Development Services Department October 7, 2015 Report No. DS2015-095 Page 3 of 12 Page 89 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis; Staff comment: the lands front on to Shanty Bay Road (a County Road mantained year-round) and Colborne Street (a Township road maintained year-round). The County of Simcoe has confirmed that entrances are available for the proposed lot creation; b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Staff comment: the lands do have direct access to a county Road and the County has confirmed they support the request for lot creation. c) will not cause a traffic hazard; Staff comment: no traffic related concerns were identified by the Township's or county's Transportation Division d) has adequate size and frontage for the proposed use in accordance with the comprehensive Zoning By-law and is compatible with adjacent uses; Staff comment: the lots comply with the site specific zoning by-law approved for the properties; further their size, shape and use are compatible with surrounding residential lots, and the lots have been designed to mitigate conflicts with natural features and hazards. e) can be serviced with an appropriate water supply and means of sewage disposal; Staff comment: a Functional Servicing and Hydrogeological report were prepared to confirm that the proposed development can be supported with individual wells and individual septic systems. In addition, septic system permits will be required prior to construction. f) will not have a negative impact on the drainage patterns in the area; Staff comment: confirmation has been received from the Lake Simcoe Region Conservation Authority confirming that they support the proposed consent application and have no concerns with any negative impacts on the drainage patterns. In addition, individual grading plans will be required for the lots prior to construction. 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; Development Services Department October 7, 2015 Report No. DS2015-095 Page 4 of 12 Page 90 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Staff comment: the lots have been laid out with direct access from a Township/County road and have been supported by the relevant agency for the provision of access. And new driveway entrance permits will be required prior to construction. h} will not have a negative impact on the features and functions of any ecological feature in the area; Staff comment: confirmation has been received from the Lake Simcoe Region conservation Authority confirming that they support the proposed consent application and have no concerns with any negative impacts on any ecological features in the area. i} will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; and, Staff comment: a Hydrogeological Report and a Functional Servicing Report have been completed for this development and have satisfactorily addressed groundwater impacts. Further required approvals (Septic system permit) will ensure that site-specific development details, including groundwater impacts, are addressed to the satisfaction of the Township and the LSRCA. j} will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Staff comment: the applications conform to the Planning Act and staff is satisfied that the lots may be created by consent rather than by a plan of subdivision. Based on the above, it is Planning staff's opinion that the applications conform to the Official Plan. Township's Zoning By-law 97-95 The subject lands were rezoned through By-law 2016-149 in August 2015 from the Residential one (R1) and `Local Commercial Exception 116 (LC*1 16) Zones to the Residential one Exception 260 (R1 *260) and Residential one Exception 261 (R1 *261) Zones. The purpose of the Zoning By-law Amendment was to recognize a site specific minimum lot frontage and minimum lot area requirement and to permit personal storage space in a multi -residential building with two residential apartments with a reduced minimum lot frontage, reduced lot area, and reduced minimum front yard setback. The applications comply with the Zoning by-law amendment as approved by council in August 2015. Development Services Department October 7, 2015 Report No. DS2015-095 Page 5 of 12 Page 91 of 196 6.f) 6:30 p.m. Report No. DS2015-095,'Andria Leigh, Director... County's official Plan The subject Lands are in the area designated as Rural and Agricultural in the county of Simcoe official Plan. The objectives of the Rural and Agricultural designation include 3.6.2: To provide in non -prime agricultural areas for rural uses such limited residential, subject to the other policies of this Plan including Section 3.6.8, while protecting the rural character (Section 3.6.2) and to encourage maintenance and restoration of natural heritage areas where appropriate (Section 3.6.3). In addition, Section 3.6.7 states that in rural areas, permitted uses include residential lots created by , as proposed roP osed by this application. Residential use ,and the creation of three residential lots by consent are in conformity with the objectives of the County Plan. The proposed lots represent limited residential development by consent (severance) which is consistent with the policies of the County Plan. Provincial Pol-icy 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. Section 1.1.1 of the PPS seeks to manage and direct land use patterns to achieve efficient and resilient development and land use patterns whereby healthy, liveable and safe communities are sustained by: promoting efficient development and land use patterns which sustain the financial well-being of the municipality over the long term and through accommodating an appropriate range and mix of residential. Further Section 1.1.5 Rural lands permits limited residential development and promotes development that is compatible with the rural landscape and is sustained by the rural service levels. The proposed residential development of the subject lands with a lot fabric that is consistent with the surrounding properties is considered to be consistent with these policies. Planning Staff is of the opinion that since the proposed lots would result in residential development compatible with the rural landscape and sustained by the existing rural service levels, and since there are now planning measures in place that would ensure the long term protection from development of the existing natural and hazard features (woodland and wetland), the applications are considered to be consistent with the Provincial Policy Statement, 2014. Places to Grow — Growth Pian for the Greater „Golden Horseshoe, 2006 The application has been reviewed with reference to the Places to Grow policies that have been in place since 2006. In Policy 2.2.9.2 — Development outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1 (i). Policy 2.2.2.1 (i) further states that development should be directed 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 settlement areas. In addition Policy 2.2.9.3 states that new multiple lots for residential development will be directed to settlement areas and may be allowed in rural areas, such as proposed though this development, in site specific locations with approved Development Services Department October 7, 2015 Report No. D52015-095 Page 6 of 12 Page 92 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... zoning or designation that permits this type of development in a municipal official plan, as of the effective date of this Plan. As stated above, the subject lands are located within a Rural Exception designation however at the time of the Growth Plan coming into effect that lands were located within a zone which would permit the form of residential development proposed through these application and did provide for limited residential development to occur. On the basis of the above, it is Planning Staff's opinion that the proposed consent applications would conform to the applicable policies of the Growth Plan. Financial 1 Legal Implications 1 Risk Management: Potential financial and legal implications should the decision of council be appealed to the Ontario Municipal Board. Policies/Legislation: • Planning Act RSO c.P. 13 • Provincial Policy Statement 2014 • Growth Plan for the Greater Golden Horseshoe, 2006 • county of Simcoe official Plan • Township of Oro-Medonte official Plan ■ Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and county -like character Sustainability -- To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: Notice of these applications was circulated to the public and to various review agencies and Township departments. Public notice signs were also posted on the Subject lands. As of the preparation of this report, no public comments have been received and the following agency/department comments have been provided: Building Division — no comments • Transportation Division -- Significant amount of surface water and a natural watercourse; requires special attention for grading and accommodating existing drainage. Development Services Department October 7, 2015 Report No. DS2015-095 Page 7 of 12 Page 93 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Attachments: Schedule 1: Location Map Schedule 2A -B -C: Severance Sketch Conclusion: The applications conform to the Planning Act and to all relevant Provincial, County and Township policies, and are supported by the appropriate technical studies which have been approved by the relevant agencies. an this basis, it is recommended that Consent Applications 2015-B-23, 2015-8-24 and 2016-13-25 by Mark Porter/Lovers Harbour Inc., for the creation of 3 new residential lots be approved. Respectfully submitted: Andria Leigh, MC P, RPP Director, Development Services SNIT Approval 1 Comments: Development Services Department October 7, 2015 Report No. DS2015-095 Page 8 of 12 Page 94 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Schedule 1: Location Map N Co Bair Rd. o C) Ba be -re trace EMSubject Lands N r Co a� 0 0 shantY Bay Rd, v Barre Terrace Subject Lands Development Services Department October 7, 2015 Report No. DS2015-095 Page 9 of 12 Page 95 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Schedule 2: Severance Sketches C a ❑ O .C -- w J I -DE At I z 0 0 I I 0 x 0 LL 0 CL fir: U) z 3: 10 Development Services Department October 7, 2015 Report No. DS2015-095 Page 10 of 12 Page 96 of 196 r a IT, I n I I LL z LL w { b , M L ~ } �y�� s !q g ��� LLc 04M4C 0 w DbaLO f kv r cr ura 3 '-LS 3N808100 4 4 + + t j t +� — ♦ 1 C a ❑ O .C -- w J I -DE At I z 0 0 I I 0 x 0 LL 0 CL fir: U) z 3: 10 Development Services Department October 7, 2015 Report No. DS2015-095 Page 10 of 12 Page 96 of 196 2016-B-24 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... 2. + +x-+' 2.52 $+ f x V 3. C] � 'Ja W 4) fV 4@ of Development Services Department October 7, 2015 Report No. DS2015-095 Page 11 of 12 Page 97 of 196 ; ■ r ■ CN CC , -L 1I> Lou � a. o LY 2 Lu44 V F W YY � n R M sr V / ry� } o}''� W 4/ r E 7F V V.• h ( TyTyh 3} ZK! �� Q S .: ■ ❑ r r4{ 0 K d1= C4 tD to w li! [ly CD Cf) uj Q :3 � � t j cl p ❑ + + + r�r1a� C + 11 a K 5 4. b * Q - . C t nrY7d 03d3 S03 -Y IS B N H o81 o 0 ---- 7.28 .....{ 2 _ 0 46.28 • _ ! 2. + +x-+' 2.52 $+ f x V 3. C] � 'Ja W 4) fV 4@ of Development Services Department October 7, 2015 Report No. DS2015-095 Page 11 of 12 Page 97 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Irl i R.R_9r [ NV -7d Od-:USg38 IS 3NH08 !o0 Development Services Department October 7, 2015 Report No. DS2015-095 Page 12 of 12 Page 98 of 196 71 ui ~ k -- Z cc> Cr p„LLJ m o WE 4 Uj - C z ~� Co Cr �s 6 o o ,� i ❑ (00 W ui LU 02 U L? d 111 CN LL UCD c [ r CL C)*a +aa c� + ToolI-LI a I 1 1 [ NV -7d Od-:USg38 IS 3NH08 !o0 Development Services Department October 7, 2015 Report No. DS2015-095 Page 12 of 12 Page 98 of 196 ,� Lake Simcoe Region conservation authority Sen t by em ail:.dwitlib Oo ro -r edon te. ca October 2, 2015 Mr. Derek Witlib Manager, Planning Services Township of Oro-Medonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Applications for Consent 2015-B-23, 2015-B-24 and 2015-B-25 298-302 Shanty Bay Township of oro -Med onte, County of Slimcoe 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... A Watershed for Life File No: 2015-B-23, 2015-B-24 and 2015-B-25 IMS File No: PLD C1391C2 Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Applications for Consent. It is our understanding that the purpose and effect of these applications is to allow for the reconfiguration of lot lines to create 4 residential lots and one commercial lot from two residential lots and one commercial lot. The subject properties are greater than 100 metres from the shoreline of Lake Simcoe and contain no features regulated under Ontario Regulation 179/06 under the Conservation Authorities Act. 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 AuthoritiesAct. Based on our review of the submitted materials we are satisfied from a watershed management perspective that these applications are consistent with the Natural Heritage and Natural Hazard Policies of the PPS, conform 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 these Applications for Consent. We note that through the municipal site plan process for the commercial property that a storm water management report will be required to address water quality and quantity control as per Section 4.8 -DP and 4.9 -DP of the LSPP. 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 BulforSc. Development Planner LBB/ph S:\Planning and Development Services\ Planning Act\PlanningAr-tApplications\Oi-o-Medoiite\l12370 302 Shanty Bay Road\09-30-20 IS Bulford Oro Medonte 298-30 Shanty Bay Road 2015-B- -24-2 5 PVOC 1.39 I.docx 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1,800,465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L 4X1 Fax: 905.853.5881 E -Mail: 1nfo@LSRCA.on.ca Proud winner of the International Thiess Riverprize p n Membef r�offmtion Ontario COUNTY OF SIMCOE�V=0000"� October 5, 2015 Andria Leigh Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 1 XO Dear Ms. Leigh County of Simcoe Planning 1110 Highway 26, Midhurst, Ontario LOL 1X0 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... Main Line (705) 726-9300 Toll Free 1-866-893-9300 Fax (705) 727-4276 simcoe.ca ■ PLANNING RE: Consent Application 2015-B-23, 2015-B-24 & 2015-B-25 (Lover's Harbour Inc.) Proposed Official Plan Amendment No.38 Part of Lot 1, Concession 1 East Penetanguishene Road (298-302 Shanty Bay Road, County Road 20) Former Township of Oro Now Township of Oro-Medonte Thank you for circulating the above -noted applications to the County of Simcoe for review. These applications are seeking to create three additional residential lots. The applications submitted to the Township request lot creation from two existing parcels known as 298 and 302 Shanty Bay Road (County Road 20). 298 Shanty Bay Road has frontage on County Road 20, and 302 Shanty Bay Road has frontage on both Colborne Street and County Road 20, are designated Rural and are therefore subject to the Rural and Transportation policies of the County Official Plan. Please note the subject lands are also subject to proposed Official Plan Amendment No.38 adopted by the Township of Oro-Medonte Council and currently at the County for review. County Official Plan policy 3.7.8 states limited residential development may be created by consent in the Rural designation, however County Official Plan policy 4.8.32 restricts entrances from a County Road to individual residential lots created after June 30, 1996, except in accordance with County of Simcoe By-law 5544. Although the current properties have multiple access points onto the County Road, Section 2.4 of County Entrance By-law 5544 states, "One legally existing entrance to each lot of record at the time of the passage of this by-law will be permitted". Furthermore County Official Plan policy 4.8.33 states "The existence of multiple entrances to a parcel of land does not imply that additional lots can be created". It is County planning staff's understanding the proposed Official Plan Amendment, requesting an exception to the Rural lot creation policies, is required to facilitate the creation of additional lots on the subject lands. The basis of the proposed Official Plan Amendment, as submitted to the County for a decision, states the result of the proposed Official Plan Amendment "will be a total of five (5) residential lots. One of these lots will specifically recognize an existing structure which serves as personal storage as well as two (2) multi - residential apartments which is required to be demolished within 3 years of adoption." Consistent with comments the County provided to the Township on similar consent applications dated April 261 2010 and July 8, 2010 and Official Plan Amendment pre -consultation comments dated March 28, 2014 and December 5, 2014 the County's Entrance By-law states in section 2.5.3, "Where a subdivision or individual lot fronts on both a County Road and a Local Road, the entrance will be from the Local Road, where feasible". PLD -003-001 Page 100 of 196 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... It has also been noted to both the Applicant and Township through pre -consultation that no new entrances onto County Road 20 shall result from the proposed development. Additional lots created as a result of the proposed Official Plan Amendment and any subsequent consent application(s) are required to have an entrance from the local road (Colborne Street). County staff therefore advise additional residential lot creation fronting on County Road 20 cannot be supported and encourage the Applicant consider an alternative lot configuration for the subject lands. The proposed consent applications are premature in advance of a decision on the associated proposed Official Plan Amendment. In addition, County staff could not support the proposed consent applications at this time, as they do not conform to the Transportation policies of the County Official Plan and do not meet the requirements of the County Entrance By-law 5544. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me. Sincerely, The Corporation of the County of Simcoe Rachelle Hamelin, MCIP RPP Planner III cc. Cameron Sellers, Innovative Planning Solutions Paul Murphy, Planning/Engineering Technician, County of Simcoe Nathan Westendorp, Manager of Development, County of Simcoe Page 101 of 196 Brissette, Marie Subject: 6.f) 6:30 p.m. Report No. DS2015-095, Andria Leigh, Director... RE: 2015-13-23, 2015-13-24 & 2015-13-25 From: Cameron Sellers[mailto:csellers@ipsconsultinginc.com] Sent: Tuesday, October 6, 2015 10:53 AM To: Leigh, Andria <aleighoro-medonte.ca> Cc: 'Murphy, Paul' <Paul.Murphy@simcoe.ca>; 'Westendorp, Nathan' <Nathan.Westendorp@simcoe.ca>; 'Hamelin, Rachel le' <Rachelle. Hamelin @simcoe.ca>; Darren Vella <dvellaipsconsultinginc.com> Subject: RE: 2015-B-23, 2015-B-24 & 2015-B-25 Hi Andria, In light of these County comments, after discussing with the client, please consider this correspondence our request to defer consent applications 2015-13-23, 2015-13-24 & 2015-13-25. Deferring the consents will allow time to meet with the County to discuss possible solutions. If you can reply to confirm these applications will be deferred tomorrow it would be much appreciated. Thank you, Cameron Sellers Junior Planner INNOVATIVE FLANNING SOLUTIONS P'e.Ai4:NF-RcS 0 PRr3jEGT MA# AZIFRS 0 LAND OFVE°L.OPMENT 1 LJ Fo1L, 17r 09 Tarr T f :6-j T . 0%9 1) 1 r 7R I U. -%A ■c1 k' , U1m 7 aA 1M L 4 P4 112 1 F. F- al 1, : _'' P" 1�1• !q -W r.. r i 1 :�: 1'64 ra AL r 1•^i :., r -dc; r "1 7'`1 4'S' •G � � 1 T � � h"a� F.Y `rh` _ 1 �`'ri = L� i -i °'r L L 1. 1 ail ri I '4 � _ �' ®*'A 1nft*Y Plarl-ndnq $01"Oons C 10 , r i 22015 Page 102 of 196 6-g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... J loWI.-Iship, (!f Report 0 Proud Heritage, Exciting Future Report No. To: Development Services Prepared By: Ds 015-102 Committee Derek Witlib, Manager Planning Services Meeting Date: Subject: Consent Application Motion # October 7, 2015 2015-13-26 by Dwight & Audrey Evans 848 Line 13 North Roll #: R.M.S.- dile #: 4346-010-005-18870 D1-49586 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS 015-102 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2015-13-26 being to permit a boundary adjustment of a 0.51 hectare 1. 2 acre) parcel, having app roxi rn ate ly 50.5 metres ( feet) of frontage, subject to the following conditions: a) That the severed lands, be merged in title with the abutting property to the north at 836 Line 13 North. b) That Section 50(3) and 50(5) shall apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel to the north, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary -Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number. c) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer-, d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; e) That all municipal taxes be paid to the Township of Oro-Medonte; f) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Development Services Report No. DS2015-102 Page 1 of 7 Page 103 of 196 6.g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... 3. And that the applicant be advised of the Development Services committee's decision under the Director, Development Services signature. Background: The subject lands are located on the west side of Line 13 North, to the south of Old Barrie Road. A Location Map is included as Schedule 1 to this report. Consent 2015-B-26 is an application for boundary adjustment affecting 848 Line 13 North (the "granting lands") and 836 Line 13 North (the "benefitting lands"). The boundary adjustment would result in conveyance of a parcel, having an area of approximately 0.51 hectare (1.26 acres) and 50.594 metres (166 feet) of frontage, from the granting lands to the benefitting lands. As a result, the granting lands would retain an area of approximately 357 hectares (88.29 acres) and 270 metres. (6816 feet) of combined frontage, and the benefitting lands would be increased to approximately 1.02 hectares (2.53 acres) and 105.5 metres (346 feet) of frontage. No new lot would be created. The granting lands presently support a single detached dwelling, agricultural lands, a forested area and 5 ponds. The parcel to be severed consists of vacant agricultural lands and an area or relatively steep slope. The benefitting parcel contains an existing single detached dwelling. A sketch of the proposed boundary adjustment is at Schedule 2 of this report. Policies, Legislation and Analysis: 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. Section 2.3.4.2 of the PPS states that "[lofl adjustments ... may be permitted for legal or technical reasons", which the PPS defines as "severances for purposes such as ... minor boundary adjustments, which do not result in the creation of a new lot. 13 While no new lot is being created, the proposed boundary adjustment would result in the granting and benefitting lands continuing to meet the minimum required lot area and frontage of the Township's Zoning By-law, and would not materially affect the viability of the retained lands for continued agricultural use. On this basis, the proposed boundary adjustment is considered to conform to the policies of the Provincial Policy Statement, 2014. Development Services Report No. 201 -102 Page 2 of 7 Page 104 of 196 6.g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... Growth Plan for the Greater Golden Horseshoe Section 2.2.2 of the Places to Grow Growth Plan contains policies for W anaging G rowth" , and states in Section 2.2.9.3 that "New ... lots ... for residential development ... may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in a municipal official plan The Places to Grow Growth Plan does not specifically address applications for boundary adjustments, and instead defers to policies within the local municipal Official Plan. As stated above, the proposed boundary adjustment conforms with municipal planning policies and is therefore considered to conform with the Growth Plan policies. County of Simcoe Official Plan The subject lands are designated Greenland and Rural and Agricultural in the County of Simcoe Official Plan. Section 3.3 of the county's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.4 states that "[consents] for the purpose of boundary, adjustments and consolidation of land holdings are permitted." Planning Staff also notes that Section 3.6.11 of the County Official Plan states that rural residential lots should be restricted to a maximum size of approximately 1 hectare (2.4 acres and the size of the applicant's proposed merged lot would conform to this policy. The proposed boundary adjustment would not result in the creation of a new lot, and is considered to conform to the policies of the County of Simcoe Official Plan. Township Official Plan The applicant's lands are designated Agricultural, Oro Moraine Core/Corridor Area and Mineral Aggregate Resources - Licensed in the Township's Official Plan. These designations do not in this case preclude or conflict with the proposed boundary adjustment. Policy, guidance with respect to boundary adjustments is found in Section 02.2.2 of the Oro-Medonte Official Plan, which states that "[a] consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created [and] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan The proposed boundary adjustment is requested to enlarge the benefitting lands for continued residential use, which is a permitted use, and the application would result in reconfiguration of lands that would continue to comply with the minimum required lot areas and frontages as set out in the Zoning By-law. Planning Staff has carefully considered the potential impact of this application on the remnant agricultural lands and has concluded that despite the potential loss of approximately 0.51 hectare (1.26 acres) of agricultural land, the agricultural capability of the retained parcel is not expected to be materially reduced. Based on Planning Staff's site visit, it is apparent that the slope and shape of the parcel to be severed can make it Development Services Report No. DS2015-102 Page 3 of 7 Page 105 of 196 6.g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... difficult for the parcel to be worked and the parcel did not appear to significantly contribute to the balance of the applicant's farm land. The proposed boundary adjustment would therefore be considered to conform to the general intent of the Official Plan for the Township. Township of Oro-Medonte Zoning B,y-law No. 97-95, as amended The subject property is currently zoned Agricultural/Rural A/R Zone and Mineral Aggregate Resources One (MAR1) Zone in the Township's Zoning By-law 97-95, as amended. The proposed merged and retained lots would continue to comply with the provisions of the Agricultural/Rural (A/RU) Zone, as the minimum lot area and frontage have been met. Therefore, the application would comply with the provisions as prescribed by the Zoning By-law. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: Planning Act Oro-Medonte Official Plan Oro-Medonte Zoning By-law 97-95 County of Simcoe Official Plan Provincial Policy Statement 2014 Growth Plan for the Greater Golden Horseshoe 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,'! Development Services Report No. DS2015-102 Page 4 of 7 Page 106 of 196 6-g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... Consultations: 0 Environmental Services Division — 0 Transportation Division — 0 Building Division — 0 Lake sir Region, Conservation Authority — 0 County of Simcoe - Attachments: I -- Schedule 1: Location Map Schedule 2: Severance Sketch Conclusion: I Development Services staff recommends that Consent Application 2016-s-26 be approved subject to the recommended conditions, on the basis that the application conforms to the Oro-Medonte and County of Simcoe Official Plans, maintains the intent of the Provincial Policy Statement (2014), and represents good planning. Respectfully submitted, Derek I W 2-t A Iit- x I �lib'I- b , MCIP, RPP Manager of Planning Services Development Services Report No. DS2015-102 Page 5 of 7 Page 107 of 196 6.g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... Schedule 1: Location Map Development Services Report No. DS2015-102 Page 6 of 7 Page 108 of 196 6.g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... Schedule 2: Applicant's Sketch 1% XT -71 C ICWNC,- MCDG-.. F COUNTY OF %F1Jk1/'-vE GRANTING LANDS BENERIT7TING, LANDS TO MERGE WITH. BENEFITTINGx. Development Services Report No. DS2015-102 Page 7 of 7 Page 109 of 196 �,: Lake Simcoe Region conservation authority Sent by email: dwitlib Poro-medonte. ca October 2, 2015 Mr. Derek Witlib Manager, Planning Services Township of oro -1 edonte 148 Line 7 S Oro-Medonte, ON LOL 2EO Dear Mr. Witlib: Re: Application for Consent 2015-B-26 848 Line 13 N Township of oro- Medonce, County of Simcoe 6.g) 6:40 p.m. Report No. DS2015-102, Derek Witlib, Manager,... A Watershed for Life File No: 2015 -P- IM File No: PLD 13 Thank you for circulating the Lake Simcoe Region Conservation Authority on the above -noted Application for Consent. It is our understanding that the purpose and effect of this application is to allow a boundary adjustment affecting 848 Line 13 North (granting parcel) and 839 Line 13 North (benefitting parcel). 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 Conserva tion A uth crit es Act. it is our understanding that the benefitting parcel was created as part of Consent Application 2012- B-41 (Notice of Decision dated January 24, 2013). As a condition of the decision for Application 2012-1-41 the LSRCA required a tree preservation plan for the severed lot and a planting plan for the retained parcel to be completed to the satisfaction of the LSRCA and the Township. To our knowledge these conditions have not been satisfied. As such, we recommend that any approval of this application be subject to the following conditions: 1. That a tree preservation plan shall be prepared and implemented for the proposed benefitting parcel to the satisfaction of the Township and the LSRCA. 2. That a planting plan shall be prepared and implemented for lands on the granting parcel to the satisfaction of the Township and the LRA. Page 1 of 2 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 4X1 Fax: 905.853.5881 E -Mail: Info @ LSRCA, on.ca Proud winner of the International Thiess River, rize Membetsar1'' ion Ontario 6.g)cu���prort No.rt,�DS2015-102, Der6W 1 �'6 October 2, 2015 File No: 2015-B-26 IMS File No: PLC C13 Mr. D. Witlib Page 2 of 2 If you have any questions, do not hesitate to contact me. Please advise us of any decision made with regard to this application. Please reference the above file numbers in future correspondence. Sincerely, jo Lisa -Beth Bulford, M.Sc. Development Planner LBB/PH cc. Charles Burgess, Planning Coordinator, LICA S:\Planning and Development Services\ Planning Act\Planning Act Applications\Oro-Medonte\244268 848 Line 13 North \ 10-1-2015 BULFORD ORO MEDONTE 848 Line 13 North 2015-B-26 PLDC1390.docx Page 111 of 196 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Plan... Township of Report �, Proud Heritage, Exciting Fuh4re Report No. To: DS2015-097 Development Services Committee Meeting Date: Subject: October 71 2015 Consent Application - 2015-B-27 (Grant) Roll #: 1241 Bass Lake Sideroad E 4346-010-004-17900 2095 Line 10 North Recommendation(s): Prepared By: Adrianna Spinosa, Planner Motion # R.M.S. File #: D 10-496 2 Requires Action For Information Only It is recommended: 1. That Report No. DS201 5-097 be received ard adopted. 2. That the Development Services Committee grant provisional consent to Application 2015- -2 to permit a boundary adjustment of a 0.044 hectare (0.01 acre) parcel, subject to the following conditions: a. That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the secretary -Treasurer; b. That the severed lands from 1241 Bass Lake Sideroad East, with an area of approximately 1.'1625 hectares (2.87 acres) and approximately 29 metres (95 feet) of frontage on Bass Lake Sid road East be merged in title with the property at 2095 Line 10 North, and; that the severed lands from 2095 Line 10 North, with an area of approximately 1.1669 hectares (2.88 acres) be merged in title with the property at 1241 Bass Lake Sideroad East, and; that the provisions of Section 50(3) and 50(5) of The Planning Act apply to any subsequent conveyance or transaction involving the subject land. Therefore, once the subject parcels of land has been conveyed to the owner of the abutting parcel, the subject parcel, and the said abutting parcel shall merge in title and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary -Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identification Number. c. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d. That the applicant's solicitor provide an undertaking that the severed lands and the lands to -be enhanced will merge in title; e. That all municipal taxes be paid to the Township of Oro-Medonte; Development Services Report No. DS2015-097 October 7, 2015 Page I of 9 Page 112 of 196 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Plan f. That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and g. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. I And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The purpose of this report is to consider Consent Application 2015-B-27 which proposes to permit a boundary adjustment between 1241 Bass Lake Sideroad East and 2095 Line 10 North; a sketch of the proposed boundary adjustment is attached (Schedule 2). There is currently a single detached dwelling on each of the two properties affected by this application. The boundary adjustment is twofold would result in conveyance of: 0 Part 1: a parcel having an area of 1.1625 hectares (2.87 acres) and, approximately 29 metres (95 feet) of frontage on Bass Lake Sideroad East, from 1241 Bass Lake Sideroad East to 2095 Line 10 North; and * Part 2: a parcel having an area of 1.1669 hectares (2.88 acres) and no frontage on a public road from 2095 Line 10 North to 1241 Bass Lake Sideroad East. As a result, 1241 Bass Lake Sideroad East would retain an area of 20.2 hectares (49.99 acres) and 366-83 metres (1,204 feet) of frontage along Bass Lake Sideroad East, and; 2095 Line 10 North would retain an area of 12.25 hectares (30.27 acres) and 306.35 metres (1,Oa5 feet) of frontage along Bass Lake Sideroad East and approximately 832.37 metres (2,730 feet) of frontage along Line 10 North. Although the adjustment will result in 0.044 hectares (0-01 acres) of land transferred from 1241 Bass Lake Sideroad East to 2095 Line 10 North, the purpose of the application is to reconfigure the lot lines. No new lot would be created. The applicant is requesting the adjustment to provide more land around the dwelling located at 2095 Line 10 North, allowing for a greater spatial separation than what exists. Analysis: Provincial Policies The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including boundary adjustments which do not result in the creation of a new lot. The policies of the Places to Grow Growth Plan have been reviewed and do not affect the context of the proposed development as it does not specifically address applications Development Services Report No. DS2015-097 October 7, 2015 Page 2 of 9 Page 113 of 196 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, for boundary adjustments and rather, deferred to policies within the local municipal Plan... Official Plan. Based on the above, the proposed boundary adjustment conforms to applicable Provincial policies. County Official- Plan The subject lands are designated 'Rural & Agricultural' and 'Greenlands' in the County of Simcoe Official Plan. Consents for the purpose of boundary adjustments and consolidation of land holdings are permitted (Section 3.3.4) and therefore the proposed application confirms to the policies of the County's Official Plan. Township Official Plan The subject lands are designated Oro Moraine Core -Corridor Area within the Township Official Plan and Section 131 of the Plan contain policies relating to development within this designation. The lands are identified as 'Oro Moraine Core Areas' on Schedule B — Natural Features — of the Plan. As the proposed boundary adjustment is not considered to be "major development" and does not introduce any new uses, Staff are satisfied that the policies in Section 131 are met. However, the policies within Section 131.10 omit specific provisions relating to the modification of lot boundaries and therefore, Section D2.2.2 applies: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan, In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected." As the applicant is not proposing a new lot be created, the subject lands currently support rural residential uses, and is rated a non -prime agricultural land (Soil Class 4 - in the Canada Land Inventory, the proposed adjustment conforms to the Township Official Plan. Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) and Mineral Aggregate Resource Two (MAR2) Zones in the Township Zoning By-law 97-95, as identified on Schedule 3. Table B4 of the By-law contains standards applicable to the A/RU and MAR2 Zones and Staff note that the subject lands currently complies with the required lot size and frontage. The applicant is proposing an irregular boundary adjustment to shift the shared interior lot line west and east. The land swap of two narrow parcels will not impose any situation of non-compliance with the zoning by-law with regards to lot size, frontage, or setbacks from existing buildings. - October 7, 2015 Development Services Page 3 of 9 Report No. DS2015-097 Page 114 of 196 Financial / Legal Implications / Risk Management: 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, - - - - - - -,Plan... 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, 2006 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection 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. 11 Sustainability — "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. 35 Safe & Healthy Community — "To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. 13 Consultations: Environmental Services Division: Transportation Services Division: Building Division: no concerns County of Simcoe: Simcoe County District School Board. Attachments: Schedule 1: Location Map Schedule 2- Severance Sketch Schedule 3- Township Zoning Schedule A13 Schedule 4- Reference Plan Development Services Report No. DS2015-097 October 7, 2015 Page 4 of 9 Page 115 of 196 Conclusion: 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, .Plan... Planning Staff recommends that Consent Application 2015-B-27 be approved, subject to the recommended conditions of consent, for the reasons that the application complies with the provisions of the Zoning By-law, generally conforms to the Official Plans for the County and the Township, and to Provincial Policies. Respectfully submitted: Adrianna a Planner SIVIT Approval / Comments: Development Services Report No. DS2015-097 Reviewed by: Derek Wi4li;b , IVIC P, RPP Manager, Planning Services October 7, 2015 Page 5 of 9 Page 116 of 196 Schedule 1: Location Map 2015-B-27 {Grant} 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Plan... Development Services Report No. DS2 1 -097 October 7, 201 Page 6 of 9 Page 117 of 196 Schedule 2: Severance Sketch 2015-8-27 (Grant) 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Plan... October 7, 2015 Development Services Page 7 of 9 Report No. DS2015-097 Page 118 of 196 Schedule 3: Township Zoning Schedule A13 2015-B-27 (Grant) 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Plan... Development Services Report No. D1 -097 October 7, 2015 Page 8 of Page 119 of 196 6.h) 6:50 p.m. Report No. DS2015-097, Adrianna Spinosa, Development Services October 7, 2015 Report No. DS2015-097 Page 9 of 9 Page 120 of 196 PLAN OF SURVEY Ch Or- pARr OF- IHE LOT 7 & PART Of- THf- Plan... Schedule 4: Reference Plan (GEOGRAPHIC TO WNSHIP OF ORO) blab- TOWNSHIP OF ORO MEDONTE 2015-B-27 (Grant) COUNTY OF SIMCOE A A t'— K4 N CONCESSION 3.344 WIJ)EN)NG — 540.1 j. JANTON 0. LS C. DATE AU-!_�'ST 2%. DATE PART PC, 2 L OT 7 et W 1/2 LOT A of= 9-AS S, LAKE RO AD IF w CL ST.AXION aNTA-;Rio LAND SURVEYOR P,0DrW-5MATWE MR L&W-) ftMS7TM FOR THE LWD TM -L5 DftVP001 �F SVC -0E -OT 11 (ESTABM�+ED By 1BY-ILAW No- 20) 'JA �T -�kNADA LkNDS SURV5MQ eEARt*.r,,S ME UTM GRID DEFRIVF0 m OesERVED REFERME P01Nf"-(�)AN0@)8y RZAL TME NETWORK (RTN) OBSERVATIONS :F-Sqo% LTM ZONIE 1,7. WAD 83 CSRS) ( 1 gr'a 7 -fir) HAMNG A GF M 9FAR;NG OF N31*12'WW SCHEDULE FOR BEAQjr4G COMPARISON, A ROTA110N Or lt4l'W (COUNTER ID FART PROPERTY AREA rON/PLAN : IL)ENTIFIER z 'T EDF T14F PART Dr PIN 1525 Ka -V t3F JSV-.D M RE-ESTA&-fSH CORNERS f�AMNOT. iN THEMSOYM OR DOUNUM;h ES F�-CWN ()N 114rS PLAN. 101 PAR T DF THE C0NCM'0t4 11 1---FA—RT OF PIN 1,1669 ho 615257028 148- 78 615717,0741 4935MM 2 Ej L,,OT 7 N5M'40j(M) . 97 L 0 T N8 �n '11A 111W,17IlP 28.9M 'BD T Development Services October 7, 2015 Report No. DS2015-097 Page 9 of 9 Page 120 of 196 PLAN OF SURVEY Ch Or- pARr OF- IHE LOT 7 & PART Of- THf- LLT- 7, CONCESSION 11 (GEOGRAPHIC TO WNSHIP OF ORO) blab- TOWNSHIP OF ORO MEDONTE COUNTY OF SIMCOE A A t'— K4 N CONCESSION j. JANTON 0. LS C. 20 15 5 f. L OT 7 et W 1/2 LOT do -S pLAN ARE w w7RES AND (AN BE eEARt*.r,,S ME UTM GRID DEFRIVF0 m OesERVED REFERME P01Nf"-(�)AN0@)8y RZAL TME NETWORK (RTN) OBSERVATIONS LTM ZONIE 1,7. WAD 83 CSRS) ( 1 gr'a 7 -fir) HAMNG A GF 9FAR;NG OF N31*12'WW FOR BEAQjr4G COMPARISON, A ROTA110N Or lt4l'W (COUNTER CL11 OCK WIS�E) WAS APPUE0 TO +CCOW-ElRf TO GRID DEARING 5, MTANCES ON THIS p,,W ARE GROUND DISTANCrS AND CAN BE TO (,R DtSTAN CES By A4utnRLYWG BY THE- CONVERTO -'D CO&FBWED SC&E FACToR Gr 0,99912127.76 D RE -F - PJ?4 -TS (ORPS); JTU ZONE 17, NAD 03 (CSFM) fl"70' <ENCE - R SEC. 14 (& OF Q.REG. 216/10 (yjR[31qATE5 T RjRAL ACCURACY SER -V t3F JSV-.D M RE-ESTA&-fSH CORNERS f�AMNOT. iN THEMSOYM OR DOUNUM;h ES F�-CWN ()N 114rS PLAN. UTM TM N OESTING LDCAST 10' EA RTHI NG 615257028 148- 78 615717,0741 4935MM 2 I OeA N5M'40j(M) L 0 T N8 Development Services October 7, 2015 Report No. DS2015-097 Page 9 of 9 Page 120 of 196 6.i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager,... Township of Report 04' Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-103 Development Services Derek Witlib, Manager Committee Planning Services Meeting.Date: Subject: Consent Application Motion # October 7, 2015 2015-13-28 by Skyline Executive Acquisitions Inc. 40 Horseshoe Boulevard Roll #: R.M.S. File #: 4346-010-002-03504 D1 0-49623 Recommendation(s): Requires Action X For Information Only 11 It is recommended: 1. That Report No. DS2015-103 be received and adopted. 2. The Development Services Committee grant provisional consent to Application 2015-13-28 to create an easement for access and utility purposes, subject to the following conditions: a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary - Treasurer; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; c) That all municipal taxes be paid to the Township of Oro-Medonte; and d) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3. And that the applicant be advised of the Development Services Committee's decision under the Director, Development Services signature. Background: The purpose of the application is to convey a utility easement across the subject lands (see Schedule 1), which are currently under development for a residential condominium. The applicant has described the proposed easement it as a "blanket" easement for the purposes of access for the future condominium corporation and a variety of utilities, such as Hydro One, Enbridge Gas, Union Gas, Bell Canada, cable and Skyline Utility Services Inc, Development Services - October Report No. DS2015-103 7, 2015 Page 1 of 6 Page 121 of 196 6.i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager,... The proposed easement would be located within the area identified on the sketch supplied by the applicant (See Schedule 2). Analysis: The purpose of application 2015-B-28 is to permit an easement for Access and utility purposes and no new lots are proposed to be created as a result of the easement request. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: Provincial Policy Statement 2014 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. The proposed easement would accommodate infrastructure as contemplated by the PPS. Growth Plan for the Greater Golden Horseshoe The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006, In reviewing the Places to Grow Growth Plan, there are no direct consent policies that apply to the proposed easement application. In analyzing the proposed severance for the easement, staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. Given the subject lands are located within an identified Settlement Area, the proposed severance constitutes a permitted use in accordance with the Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies, including the Growth Plan. Counter of Sim-coe Official Plan The Township has circulated the application to the County of Simcoe Planning Department, who has not commented on this application as of the preparation of this report. In reviewing the proposed consent application for the proposed easement, the County of Simcoe Official Plan does not have any specific policies in regards to easements. It is staff's opinion that the County Official Plan does not regulate or prohibit such an easement for utility purposes. Development Services October 7, 2015 Report No. DS 15-1 Page 2 of 6 Page 122 of 196 6.i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager,... Township Official Plan The subject lands are located within the Horseshoe Valley Settlement Area and are designated Horseshoe Valley Village according to Schedule 'D" to the Township's Official Plan. Section C14.3-3.1 of the Official Plan states that the principal use of land in the Horseshoe Valley Village designation shall be a variety of non-residential uses commercial and service uses, but also permits medium density housing such as townhouses, apartments and multiple dwellings. Section C.143.1.2 and C14.3.3.2 of the Official Plan contain detailed policies pertaining to the development of the lands in Horseshoe Valley in relation to various land use and infrastructure considerations (i.e. timing/phasing of development, traffic, County Road improvements, stormwater management and servicing) that have been identified in a Comprehensive Development Plan for the area that was adopted by Council in 2003. The proposed consent for an easement for access and utility purposes would facilitate the provision of services to the development in conformity with the Official Plan. While there are no specific policies in the Official Plan regarding easements for utility purposes, Staff's opinion is that this application conforms to the Official Plan. Zoning By-law The subject property is currently zoned Village One (V1) Zone in the Township's Zoning By-law 97-95, as amended. This zone regulates development and uses, but does not prohibit utility and access easements. There are no provisions within Zoning By-law 97- 95 that specify the location or size of easements. On this basis, the application would comply with the provisions as prescribed by the Zoning By-law. Corporate Strategic Goals: Quality of Life — "To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs.,' Sustainability — "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Safe & Healthy Community — "To ensure that oro -1 edonte 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.7,9 Development Services Report No. DS2015-103 October 7, 2015 Page 3 of 6 Page 123 of 196 6.i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager,... Consultations: 0 Environmental Services Division — 0 Transportation Division — 0 Building Division — no concerns 0 County of Simcoe — 0 Nottawasaga Valley Conservation Authority — no concerns Attachments: Schedule 1: Location Map Schedule 2. Applicant's Sketch Conclusion: Planning Staff recommends that Consent Application 2015-B-28 be approved, subject to the recommended conditions of consent, for the reasons that the application complies with the provisions of the zoning by-law, generally conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement, 2014. Respectfully submitted: 40 Derek Witlib, IVICIP, RPP Manager, Planning Services Development Services Report No. DS2015-103 October 7, 2015 Page 4 of 6 Page 124 of 196 6.i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager,... Schedule 1: Location Map — Subject Lands Subject Lands Development Services Report No. DS 01 -103 October 7, 2015 Page 5 of Page 125 of 196 6.i) 7:20 p.m. Report No. DS2015-103, Derek Witlib, Manager,... Schedule 2: Applicant's Sketch COUNTY ROAD NO2 (HMSEWN VAJSY AW) OR16YNAL ROAD' ALLOWANCE BEn+EEN GEOGRAPHIC HNSO-fl' OF AWEDONrF AND ORS' I I ` I n BLOCK A > an REGISTERED PLAN 1587 18t PP T 33, PLAN SIR -28722 4 LLJI _ BIRCH GROVE DRIVE 14(W- 0054 5722 �.ap I •# AS & +ter 14 "NORM L% jwV i + �[�jy _ I 4 PST 3a, �r'SIR--e72'- ART I PART 3� _ I �+ SAR- 28722�' _ "00PART 35, PLAN 5IR-28722 W4 004cr &SAIMw Aff OW i &Zroam IPz •44 a q6 14 CL + w &4ww 40 AV= Vie: +r ON&MIle fARr C�A* ," ` PAR T 34 , PU0, 5I R— 28 7 72 Ac, A. q ip CS PART 31 . II` -w l 1,, I 1 .,,,, l Development Services Report rt o. D 1 -10 October 7, 201 Page 6 of Page 126 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... Township of Report ��`O��.�� �2�i Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-104 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Consent Application Motion # October 7, 2015 2015-B-29 by Skyline Horseshoe Valley Inc. 1101 Horseshoe Valley Road Roll #: R.M.S. File #: 4346-010-002-03500 West D1 0-49624 Recommendation(s): Requires Action X- For Information Only 1:1 It is recommended. 1. That Report No. DS2015-104 be received and adopted. 2. The Development Services Committee grant provisional consent to Application 2015-B-28 to create an easement for access and utility purposes, subject to the following conditions - a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary - Treasurer; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; c) That all municipal taxes be paid to the Township of Oro-Medonte; and d) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 3. And that the applicant be advised of the Development Services Committee's decision under the Director, Development Services signature. Background: The purpose of the application is to convey a utility easement across the subject lands (see Schedule 1), in favour of lands currently occupied by a residential building known as "The Lodges". The applicant has described the proposed easement it as a "blanket" easement for the purposes of access for the future condominium corporation and a variety of utilities, such as Hydro One, Enbridge Gas, Union Gas, Bell Canada, cable and Skyline Utility Services Inc. Development Services Report No. DS2015-104 October 7, 2015 Page 1 of 7 Page 127 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... The proposed easement would be located within the areas identified on the sketches supplied by the applicant (See Schedules 2A and 26). Analysis: The purpose of application 2015-13-29 is to permit an easement for access and utility purposes and no new lots are proposed to be created as a result of the easement request. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: Provincial Polio 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 PIPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. The proposed easement would accommodate infrastructure as contemplated by the PPS. Growth Plan for the Greater Golden Horseshoe The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In reviewing the Places to Grow Growth Plan, there are no direct consent policies that apply to the proposed easement application. In analyzing the proposed severance for the easement, staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. Given the subject lands are located within an identified Settlement Area, the proposed severance constitutes a permitted use in accordance with the Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies, including the Growth Plan. Count v of Simcoe Official Plan The Township has circulated the application to the County of Simcoe Planning Department, who has not commented on this application as of the preparation of this report. In reviewing the proposed consent application for the proposed easement, the County of Simcoe Official Plan does not have any specific policies in regards to easements. It is staff's opinion that the County Official Plan does not regulate or prohibit such an easement for utility purposes. Development Services October 7, 2015 Report No. DS2015-104 Page 2 of 7 Page 128 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... Township Official Plan The subject lands are located within the Horseshoe Valley Settlement Area and are designated Horseshoe Valley Village according to Schedule 'U to the Township's official Plan. Section C14.3.3.1 of the Official Plan states that the principal use of land in the Horseshoe Valley Village designation shall be a variety of non-residential uses commercial and service uses, but also permits medium density housing such as townhouses, apartments and multiple dwellings. Section C.14.3.1.2 and C14.3.3.2 of the Official Plan contain detailed policies pertaining to the development of the lands in Horseshoe Valley in relation to various land use and infrastructure considerations (i.e. timing/phasing of development, traffic, County Road improvements, stormwater management and servicing) that have been identified in a Comprehensive Development Plan for the area that was adopted by Council in 2003. The proposed consent for an easement for access and utility purposes would facilitate the provision of services to the development in conformity with the Official Plan. While there are no specific policies in the Official Plan regarding easements for utility purposes, Staff's opinion is that this application conforms to the Official Plan. Zoning By-law The subject property is currently zoned Village One (V1) Zone in the Township's Zoning By-law 97-95, as amended. This zone places restrictions on new development and new uses, but does not prohibit utility and access easements. There are no provisions within Zoning By-law 97-95 that specify the location or size of easements. On this basis, the application would comply with the provisions as prescribed by the Zoning By-law. Corporate Strategic Goals: Quality of Life — "To contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs.,' Sustainability — "To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations." Safe & Healthy Community — "To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles.}, External Relations — "To be recognized as a 'good neighbour' with municipalities in the local area and to be proactive in promoting the interests of the Township at the County, Provincial and Federal levels of Government and with private sector organizations. 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.17 Development Services Report No. DS2015-104 October 7, 2015 Page 3 of 7 Page 129 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... Consultations: • Environmental Services Division — • Transportation Division — • Building Division — no concerns • County of Simcoe — • Nottawasaga Valley Conservation Authority — no concerns Attachments: Schedule 1: Location Map Schedules 2A & 2B: Applicant's Sketches Conclusion: I Planning Staff recommends that Consent Application 2015-B-28 be approved, subject to the recommended conditions of consent, for the reasons that the application complies with the provisions of the zoning by-law, generally conforms to the Places to Grow policies, the Offici al Plans f o r the County and the Towns h i p , and to the Provincial PoIicy Statement, 2014. Respectfully submitted: . /dDrek Witlib,O`M-CIP, RPP Manager, Planning Services Development Services October 7, 2015 Report No. DS2015-104 Page 4 of 7 Page 130 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... Schedule 1: Location'Map — Subject Lands Development Services Report No. D 2 15-1 4 October 7, 2015 Page 5 of Page 131 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... Schedule 2: Applicant's Sketch — — _: Nk 36W2 I , PAW I I ..,. &OCK A PARR' 13 ftw"' Stg-20722 REGISTFRCD PLAN '587 tiin t rW1 i J* w aim # 4 BIRCH GROVE DRIVE MW ars AUW FLAW Nd 10" LOT ,N # I C 10ESSION � w 9}� I PAST PLM 15-10-4M722 4 AbOATTr.wrr w PARt I 1 f PART 39, PLAN 519-26722 � � 4 � 1,K if I xagar AMP t 31A *LAN ..` AA T 341 PLAtA 51 R- MP" �' +► +. x eL I 4 ' PART OPOP N` . PARI A. PLAN 314-3"40 ' �Ile ► I € 1 Je Development Services October 7, 201 Report No. D 01 -1 4 Page 6 of Page 132 of 196 Schedule B:Applicant's Sketch f Development Services Report No. D 01 -1'CD4 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... October 7, 2015 Page 7 of Page 133 of 196 6.j) 7:30 p.m. Report No. DS2015-104, Derek Witlib, Manager,... Brissette, Marie Subject: RE: Consent 2015-13-29 From: Schmid, Eric [mailto:Eric.Schmid @wyn.com] Sent: Friday, October 2, 2015 4:18 PM To: Witlib, Derek <dwitlib@oro-medonte.ca> Cc: Shenai, Sushanto <Sushanto.Shenai@wyn.com> Subject: Consent 2015-13-29 Good afternoon Mr. Witlib: We are in receipt of your letter dated October 7, 2015 with regard to consent 2015-B-29. To me it looks like this will not impact the lands that are currently occupied by Carriage Ridge Resort, 3303 Line 3 North or Carriage Hills Resort, 90 Highland Drive. Am I correct in the assumption? Thank you for any help you can give. Sincerely, Eric Schmid Director of Engineering Carriage Hills Resort & Carriage Ridge Resort Shell Vacations Hospitality 90 Highland Drive, Oro-Medonte, Ontario LOL 21-0 eric.schmid@wyn.com (please note new email address) Telephone: (705) 835-5858 ext. 3815 Cell: (705) 794-4781 Fax: (705) 835-7876 )H I It TJTt1 Wyndham Vacation Ownership, A Wyndham Worldwide Company "'- www.WyndhamWorldwide.com Please consider the environment before printing this email. This email message (including all attachments) is for the sole use of the intended recipient(s) and may contain confidential information. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Unless otherwise indicated in the body of this email, nothing in this communication is intended to operate as an electronic signature and this transmission cannot be used to form, document, or authenticate a contract. Wyndham Worldwide Corporation and/or its affiliates may monitor all incoming and outgoing email communications in the United States, including the content of emails and attachments, for security, legal compliance, training, quality assurance and other purposes. Page 134 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2015-096 Development Services Adrianna Spinosa, Committee Planner Meeting,Date: Subject: 2015-ZBA-01 Motion ## October 7, 2015 Zoning By-law Amendment Kate Marrs (Lazy Dayz Bed, Breakfast & Rustic Barn) 754. Horseshoe Valley Road W Roll: 4346-020-010-05800 , R.M.S. Foie ##: D14-48582 Recommendation(s): Requires Action X For Information Only It is recommended: 1. That Report No. DS2015-096 be received and adopted. 2. That Zoning By --law Amendment Application 2015-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-law Amendment has been submitted by Kate Marrs and Jamie Anderson of Lazy Dayz Bed, Breakfast & Rustic Barn for a property located at 754 Horseshoe Valley Road West. The land comprises 3.6 hectares (8.88 acres), having approximately 224 metres (735 feet) of frontage along Horseshoe Valley Road West (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 (A/RU) 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. DS2015-095 Page 'I of 17 Page 135 of 196 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 (10) residential lots, containing single detached dwellings, abutting the north and westerly side of the property, and ninety-six (96) residential units within the Cathedral Pines neighbourhood. The dwellings on the abutting properties are located as close as [approximately] 85 metres (288 feet) away from the barn. 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 basis 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 2015 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, 2066 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 2031. 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, 2015 has described the proposed use as a unique and historic rural event space and states, "the property is still in keeping 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 136 of 196 8.a) Report No. 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 Staff's 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 term 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, Kristine 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 accornhiodated. 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 Valley 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. DS2015-096 Page 3 of 17 Page 137 of 196 8.a) Report No. 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-law amendment proposes to add a new use to an existing structure, the proposed use is not a 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, if 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 isnot 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 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 Valley — Resort Facility' area, and is not compatible with the adjacent land use. 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 3.7.6 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 . The Plan defines `country recreational facilities' as "recreational uses where the prime reason for location in rural areas is to take 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 196 8.a) Report No. 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 3.3.1 S 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 Plan 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 3.6 metres; and 5. No parking along County Road 22 [Horseshoe Valley Road] is permitted. Complete comments are appended as Schedule 4 to this report. Township of oro-Medonte Official Pian, 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 October 7, 2015 Report No. DS2015-096 Page 5 of 17 Page 139 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Per Section A2.5.1, it is the goal of the Official Pian to "protect, maintain and enhance the 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 how 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 identifies a `Horseshoe Valley — Resort Facility' designation south-west from the subject property, (Schedule 3 of this report). Section C1 4.3.5 of the Plan 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-law 97-95, as amended. Due to the size of the lot (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 home daycare, residential care homes, and single detached dwellings. Development Services October 7, 2015 Report No. DS2015-095 Page 5 of 17 Page 140 of 196 8.a) Report No. 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 18, 2015, Kristine Loft provided addendum information to the submission including a draft by-law. In addition to 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 at 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 6.0). 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 LAN Ds 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 Hall 1 parking space per 9 square 42 spaces metres of cross floor area (378 sa. m.) / Each required parking space shall have a width of not less than 3.0 metres and a length of not less than 6.0 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 6.7 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 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 Development Services October 7, 2016 Report No. DS2015096 Page 7 of 17 Page 141 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... • Provincial Policy Statement, 2014 • Growth Plan 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 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: I - Notice of the application was circulated to 120 metre radius of the property and a Public Meeting was held on April 1, 2015 in accordance with the Planning Act. Members of the public spoke 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 & Environmental 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; 0 owners are required to have an engineer evaluate roof each spring before use as per Tacoma Engineer's report; o Water tanks are to be filled each spring for onsite water for firefighting; o Main driveway to be free of obstructions at all times to ensure emergency services can respond with proper access; and o Portable toilets are to be provided for each event including one barrier free unit. • Municipal By-law Enforcement: based on the Township's current legislation, the applicants are required to adhere to Schedule "A" of Noise By-law No. 2012-167, Section "E" —'all music/amplified sounds must not disturb neighbours after 11:06 p.m., Development Services October 7, 2016 Report No. DS2015-096 Page 8 of 17 Page 142 of 196 8.a) Report No. 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 26, 2015 Schedule 5: Proposed Draft By-law Conclusion: In conclusion, the proposal is to permanently rezone 754 Horseshoe Valley Road vilest 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 take 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. DS2015-095 Page 9 of 17 Page 143 of 196 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 option 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 #'l) on the basis that the proposed use is not compatible. Respectfully sub itted: Adrianna Spin Planner SMT Approval /Comments: Reviewed by: Derek Witlib, MCIP, RPP Manager, Planning Services Development Services October 7, 2015 Report leo. DS201 a-036 Wage 10 of 17 Page 144 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Schedule 1: Location Map 2015-ZBA-01 (Marrs/Lazy Dayz) CATHED. P-INES ROAD I Z HORSESHOE VALLEY ROAD W J '.J J Subject Lands (754 Horsesh a vaII y Road E S <7-T-) Development Services October 7, 2915 Report No. DS2015-096 Page 11 of 17 Page 145 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Schedule 2: Applicant's Site Plan 2016-zBA-01 (Marrs/Lazy Dayz) Development Services October 7, 2015 Report No. DS2015-996 Page 12 of 17 Page 146 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Schedule 4: County of Simcoe Comments dated August 26, 2015 2015-ZBA-01 (Marrs/Lazy Dayz) August 26, 2015 cau my of Sim coe Planning 1110 Highway 20, Midhurst, Ontario LOL 1\0 Main Lire (705) 720-9300 Toll Free 1-800-893-9300 Fax (705) 727-4276 simcoe.ca PLANNING Adrianna Spinosa Planner VIA -EMAIL Township of Oro -lel ed o me 148 Line 7, Box 100, Ciro, ON LOL 2E0 Dear Ms. Spinosa, RE: Zoning By-law Amendment 201 B-ZBA-01 South Part Lot 1, Concession -.5, 754 Horseshoe Valley Road West (County Road 22) Township of 0 ro-Medonte Thank you for circulating the above noted application to the County of Simcoe for comment. It is County planning staffs understanding that the applicant is proposing a site specific exception in the `Agricultural/Rural' Zone to permit indoor and outdoor special events such as banquets, weddings, receptions, .or similar functions on the subject lands along with the existing permitted uses of a residential dwelling and bed and breakfast operation. It is also understood that the proposal will be subject to site plan approval. The subject: property is 3.6 hectares (8.9 acres) in area with frontage onto County Road 22 (Horseshoe. Valley Road West). 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(i) 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 Justification Report was :completed on May 271 2015 with addendums on August 11 and 18, 2015. The applicant's consultant notes that the use could be permitted under "other rural 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 Report Development Services October 7, 20'15 Report No. DS2015-096 Pape 14 of '17 Page 148 0 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... addresses Growth Pian Policy 2.2.2.10) which nates that development is to be directed 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 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 Malley).. The County recognizes that the proposed use is tied. to the restored barn and the rural landscape which would not be located in a settlement area and that it is supportive of the neighbouring recreational resort area for lodging of overnight guests.. Section 3.7.6 of the County Official Plan lists uses. that are permitted conditionally within: the Greenland designation following the acceptable results of an Environmental Impact Study (EIS) Country recreational facilities are identified as a permitted use subject to an acceptable EIS and are defined as "recreation.al uses however the prime reason. for the location in rural areas is to take advantage of natural physical features, including the availability of large lots or land area ... They include, but are not limited to, golf courses, campgrounds, lodges and resorts, conference centres, skiing facilities, and special event facilities." It .appears that the proposed use would be similar to a special event facility as permitted by Section 3.7.5. 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 propose zoning amendment will be limited to that of the existing dwelling, bed and breakfast and barn facility as shown on the draft zoning 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 Agricultural/Rural. (AG/RU) zone and the inclusion of restrictive parameters such as number of guest, limited duration, and seasonally limited. The 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.t.he Township may wish to further.addressthe public's concerns through additional review or imposing conditionslrestrictions. Trans ortation/En ineerin Comments. County Road 22 JHorseshoe Vallgy Road West The County's. Transportation and Engineering Department has reviewed the proposed zoning by-law amendment to permit indoor and outdoor special events. The Transportation and Engineering Department has reviewed the Traffic Brief dated August 11, 2015 prepared by C.C. Tatham and Associates in support of the rezoning request. The peak operation of the site will typically be on weekends between May and October with most events having approximately 100 to 15o. 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 5.0 metres which would bring the entrance into compliance with the County Entrance By-law. The proposed rezoning and resulting new vehicle trips are not expected to have any impact on the operation of County Road 22. Road inprovements due to the rezoning will not be required. Development Services October 7, 2015 Report No. DS2015-096 Pa a 15 of 17 Page 149 0 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... The Transportation & Engineering Department does not oppose the zoning amendment but would like the opportunity to review and comment on the site plan control application when submitted. The County request that the applicant complete the following prior to site plan approval. 1) Complete a Site Plan Review form and return it to the County with payment. 2) The existing entrance be required to be widened to a width of 6.0 metres and that the applicant apply for an Entrance Permit from the County of Simcoe priorto any entrance improvements taking place in accordance with the requirements of County Entrance By-law 5544; 3) Submit a Traffic. Impact Study., to the satisfaction of the County, which assesses the effects that this development's traffic will have on the transportation network in the community.; 4) Submit a Site Plan to the County's Transportation and Engineering Department for approval to ensure that the development meets the requirements of the County.'s Road Setback By-law 5504. The Road Setback By-law requires all above and below ground buildings and structures to be located a minimum of 15.0 metres from the limit of the County Road. 5) The existing right-of-way on County Road 22 adjacent to the subject property is approximately 30.0 metres wide. In accordance with Schedule 5.5 of the S.imepe County Official Plan, the required basic right-of-way width for County Road 22 is 35.0 metres. County staff has reviewed this requirement and feel that:the full .right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 22. In order to meet this right-of-way requirement, the County will require a road widening of approximately 3.0 metres. 5} 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 lava in Canada, being a member of the Lava Society of U pper Canada to facilitate the transfer of the real property and in effect represent both parties in the subject transaction, at no cost to the Corporation of the County of Simcoe. The Solicitor shall carry transfer insurance that will indemnify the transfer. The applicant must contact the County for detailed transfer specifications. The County of Simcoe is requesting the road widening pursuant to section 41(8)&(9) 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(5) 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. Summa Therefore, County of Simcoe .Planning 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. 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 705-7269300 Ext.1185 orf fFan .� tham„psoh&imcoe.ca Sincerely; - The Corporation of the County of Simcoe Tiffany Thompson,- BES MCIP RPP Planner II Development Services October 7, 2015 Report No. DS2015-095 Page 16 of 17 Page 150 of 196 8.a) Report No. DS2015-096, Adrianna-Spinosa, Planner, re:... Schedule 5: Proposed Draft By -lave 2015-zBA-01 (Marrs/Lazy Dayz) The Corporation of the Township of oromMedonte By-law No. 2015-# ### A ley -law to amend the zoning provisions which apply to lands at 754 Horseshoe. Valley Road South Part of Lot 1, Concessiv.n 6 (Medonte) Township of Oro-Medonte Whereas the Council of the corporation of the Township of oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.s.o., c.P.13. And Whereas council deems it appropriate to rezone the lands. Now Therefore the council of the Township of oro-Medonte hereby enacts as follows: 1. Section 7. - *XX PERMITTED USES IN THE AGRICULTURAL/RURAL ZONE — is hereby amended by adding the following: "Notwithstanding any other provision of this By -lave, 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, o r similar functions. General Provisions: a) Lot Area — 3.5 hectares b) Front Yard Setback —30 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 12:00am (midnight). � Weekday Hours of Operation —Sunday thru Thursday — ending at 11:00.pm 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 -lave. 3. This By-law shall come into force and tale effect upon being passed by council. subject to any approval necessary pursuant to the Planning Act, R.S.O. 1990, as amended. 4. This by -lave shall take effect on the final passing thereof. Development Services October 7, 2015 Report No. DS2015-095 Page 17 of 17 Page 151 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz From: Brandon [ Sent: Tuesday, April 21, 2015 1:16 PM To: Michael Frederiksen Cc: Leigh, Andria; Jane Subject: Re: Lazy Dayz The property is 10 acres and in my 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 < > 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, 2015 at 11:04 AM Subject: Re: Lazy Dayz To: "Leigh, Andria" <aleighAoro-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. Noise, 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 196 8.a) Report No. Brandon House DS2015-096, Adrianna Spinosa, Planner, re:... 71 Cathedral Pines > On Apr 15, 2015, at 10:48 AM, Leigh, Andria <aleigh(a oro-medonte.ca> wrote: > 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, MCIP, 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, > 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 Page 153 of 196 > -----Original Message----- > From: Brandon [mailto: > Sent: April 13, 2015 1:25 PM > To: Coutanche, Barbara > Subject: Lazy Dayz > Hello Barb, 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... > 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 RR41 Barrie ON Canada L4M 4Y8 705-835-2325 asante(,,cescan.ca vv-ww.cescan.ca 3 Page 154 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz (update) From: Jane [mailto:] Sent: Thursday, May 7, 2015 5:29 PM To: Spinosa, Adrianna <ASpinosa@oro-medonte.ca> Cc:. Council <Council@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>; @gmail.com; @bell.net; Leigh, Andria <aleigh@oro-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 same 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.com To: aspinosa@oro-medonte.ca CC: council oro-medonte.ca; harry.hughes@oro-medonte.ca; barbara.coutanche@oro-medonte.ca; dwitlib@oro-medonte.ca; rdunn@oro-medonte.ca; @gmail.com; bell.net; aleigh@oro-medonte.ca Page 155 of 196 8.a) Report No. Subject: RE: Lazy Dayz DS2015-096, Adrianna Spinosa, Planner, re:... Date: Mon, 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: aleigh@oro-medonte.ca; aspinosa@oro-medonte.ca CC: council oro-medonte.ca; harry.hughes@oro-medonte.ca; barbara.coutanche@oro-medonte.ca; dwitlib@oro-medonte.ca; rdunn@oro-medonte.ca; @gmail.com; bell.net Subject: RE: Lazy Dayz Date: Sun, 3 May 2015 20:47:11-0400 Here is a corrected copy for your records with proper street names . Thank you. From: @live.com To: aleigh@oro-medonte.ca; aspinosa@oro-medonte.ca CC: council oro-medonte.ca; harry.hughes@oro-medonte.ca; barbara.coutanche@oro-medonte.ca; dwitlib@oro-medonte.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 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Begin forwarded message: From: "Leigh, Andria" <aleigh(a-),oro-medonte.ca> To: "Coutanche, Barbara" <barbara.coutanche(a,oro-medonte.ca>, Brandon <6a gmail.com> Cc: "Dunn, Robin" <rdunn(a oro-medonte.ca>, "Hughes, Harry" <harryhughes(E�oro- medonte.ca>, "Witlib, Derek" <dwitlib(cDoro-medonte.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, MCIP, 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, 3 Page 157 of 196 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 [] 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 4 Page 158 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa` Planner, Me'. ... Corporation ofthe Township of0ro-Medonte 148 Line 71 Box 100, Oro ON LOL 21E0 Attention- Adrianna Spinoza, Planner Mayor Harry Hughes and Members of Council Cc Andria Leigh RPP MCIP Re- Zoning BV -Law Amendment 2015-ZBA-01 May 2 "u 2015 Mayor Hughes., Ms Spinoza and Members of Council, we are residents of Cathedral Pine Road and Pine Trail immediately abutting orclose tothe Subject Property. Many ofushave previously commented toCouncil expressing our concerns and opposition tothe rezoning ofLazy Qayz;many of us attended the April 111 meeting and formally registered our opposition to the proposal. Because we are not experts in re'zoning, we enlisted the help ofRon Armstrong ofArmstrong Harrison Aasodatestorevievvthe&4arch25,2O15ReportfrornSirncoeCountyandadviseonthestatusof 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 tonoise which was the additional major concern expressed byresidents. Om' Medonte"s Noise By -Law seems the only possible remedy for the concerns (although acceptance of their proposal would possiblyexempt them from this . Even ifthe by-law holds, bmay not be adequate to deal with the noise that results from activities to be carried out on the site. We want council tovote 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 fora 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 shall be made requirements of Council, to be included in the Site Plan Approval under Section 41 of the Planning Act and defined as "««orksinconjunction Page 159 of 196 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. Yours truly Jane Ravenshaw Owner: 73 Cathedral Pine RD U Email: j..ravenshaw@li*ve.com /?i -o 4 � 41 1v1 �i .�� U � �/ On behalf of the following residents of Cathedral Pines Drive and Pine Lane: C1 �'e1/Iv�S L�ct�"C�Qtic�L�iv���Cc i'�-(;uta( � A.�,�- y _.0 Page 16 "0, 71, 6 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... �. -r j g�,,� �.2��C�.�2�. - � h c�Fn J {f fT � c�-�<cRv«f Page 161 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Event barn From: Coutanche, Barbara Sent: Sunday, June 14, 2015 12:16 PM To: Leigh, Andria Cc: B House; Jane; Michael Frederiksen Subject: FW: Event barn Hi Andria, am forwarding you three E-mails from residents of Cathedral Pines. All three have to do with excessive noise 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: BHouse [mailto: @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 I guess. Barb, feel free to check things out via our backyard. Brandon Sent from my iPhone Page 162 of 196 8.a) Report No > On Jun 13, 20151 at 7:31 PM,QQ5raQ&&dAi1flIr%%n5pMichael FrederiksWQw, 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 OPP and left a complaint with the officer. 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 day! >> On Jun 13, 2015, at 6:52 PM, Jane <@live.com> wrote: >> I am at 73 cathedral pines >> Jane >> From the iPhone of >> Jane Ravenshaw >>> On Jun 13, 2015, at 6:49 PM, Jane <@live.com> wrote: >>> 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 2 Page 163 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: lazy dayz From: Jane [mailto:] Sent: Monday, June 15, 2015 10:13 AM To: Spinosa, Adrianna <ASpinosa@oro-medonte.ca> Subject: lazy dayz Hi 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 bad 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 Page 164 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Noise Complaint - Lazy Dayz, 754 Horseshoe Valley Rd W From: MJ Foley [mailto: @hotmail.com] Sent: Wednesday, May 13, 2015 8:39 AM To: Shelswell, Curtis <CShelswell@oro-medonte.ca> Cc: Leigh, Andria <aleigh@oro-medonte.ca>; Spinosa, Adrianna <ASpinosa@oro-medonte.ca> Subject: Re: 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 I 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 <CShelswell koro -medonte.ca> wrote: Hello Michael, have received your email and complaint form, Lazy Dayz is currently exempt from the Noise By-law with their Temporary Use amendment. have attached the current Noise By-law, section "F" of Schedule "B" allows for such exemption. 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 Law Enforcement Officer Township of Oro-Medonte 0 vproh ; 1P Prond Herioa e, Ex f it I ike Fuiurr P: (705) 487-2171 F: (705) 487-0133 148 Line 7 South Oro-Medonte, ON LOL2E0 www.oro-medonte.ca Page 165 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... From: MJ Foley [mailto @hotmail.com] Sent: Sunday, May 10, 2015 12:11 AM To: Shelswell, Curtis Cc: Belsey, Robert; Spinosa, Adrianna; Witlib, Derek; Leigh, Andria; @sympatico.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 I, which includes my two young daughters, where hoping that the noise would end come 11pm 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 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 69 Cathedral Pine Rd. 2 Page 166 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Noise Complaint - Lazy Dayz, 754 Horseshoe Valley Rd W From: MJ Foley [mailto:] Sent: Sunday, May 10, 2015 12:11 AM To: Shelswell, Curtis <CShelswell@oro-medonte.ca> Cc: Belsey, Robert <rbelsey@oro-medonte.ca>; Spinosa, Adrianna <ASpinosa@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca>; Leigh, Andria <aleigh@oro-medonte.ca>; @sympatico.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 my two young daughters, where hoping that the noise would end come 11pm 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 S 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 167 of 196 8.a) Report No Name: Michael Foley . 'Cathedral,r ■ - Phone: 705 Home Email: Address of Concern: Owner: (If Known) Reason of Concern: Cell .. com Lazy Dayz, 754 Horseshoe Valley Rd W ,Excessive noise coming from the special function being held at Lazy Dayz. The noise is ou an is ur ing my young c i dren, and my wife and I, from sleeping and remaining asleep. The music and hooting and hollering is ToM ana preventing me from enjoying use of my Signature of Complainant: property. This is unacce table . (Not required if sent via electronic mail) Note: All complainant information must be completed, dated and signed. Investigations will not be conducted on incomplete forms. Complaint forms can be submitted in person, by fax, email and regular mail to the Township office, 148 Line 7 South oro-Medonte, ON LOL 2E0. Alternative formats of this document are available upon request. Personal information contained in this form is collected under the authority of the Municipal Act, 2001, 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 LOL 2E0 Phone: 705-487-2171, Fax: 705-487-0133. -)1,. ...... ... . ...... ..... 48 Liji.e 7sotitii, Box 1. 00 P: (705_......._.._........__.._......._..___...._ _...___. _ _�� .� _ __._..__--.--. �_.._..._...._._ _.__..__.__._. __.._. __.. __ ._� __.. _ _.._....._.._.......__. ____....... Oro, Oii-tarso LOL 2XO F: (705-) 487-01,33 8.a) Report No. 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 & B Hi Andria, Just another complaint/ comment from a resident of Cathedral Pines. Barb Barbara Coutanche Councillor Ward 1 Township of Oro-Medonte -----Original Message ----- From: TOM FENDLEY [mailto:fendley3@sympatico.ca] 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, look forward to hearing from you. Tom Fend ley Page 169 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... June 25, 2015 Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 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 Oro-Medonte. Sincerely, Paul Miller Chair, Oro-Medonte Economic Development Roundtable Page 170 of 196 8.a) Report 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 26, 2015 5:23 PM To:. Council <Council@oro-medonte.ca>; Jane < @Iive.com>; Spinosa, Adrianna <ASpinosa@oro- medonte.ca>; Michael Frederiksen <f@gmail.com> Subject: Lazy Dayz Event Barn Dear Council, We are the Foley family and we reside at 69 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 coming 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. 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 196 8.a) Report No. attention to this matter as well as the lack of serioLQR%1Q15tQ6)&s&lJIa re:... frustrated and exhausted. understand there is an upcoming vote to be held on the permanent approval of Lazy Dayz refining application. I would appreciate it if any and all information regarding this could be 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 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: 754 Horseshoe Valley Road West (2015-ZBA-01) -----Original Message ----- From: lazydayz [maiIto:lazydayz@on.aibn.com] Sent: Wednesday, July 29, 2015 1:03 PM To: Witlib, Derek <dwitlib@oro-medonte.ca>; Spinosa, Adrianna <ASpinosa@oro-medonte.ca> Cc: Kristine Loft <kristine@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 / 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. was a little surprised to read the email below where "events which have not been permitted since the Temporary Use By-law expired" was noted. During our meeting with the Township, County and Kristine Loft on April 21st 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. 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. am sure it comes as no surprise to anyone, that some residents continue to complain. However, as 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 LazyDayz ----- Original Message ----- From: "Spinosa, Adrianna" <ASpinosa@oro-medonte.ca> To: "Kristine Loft" <kristine@loftplanning.com> Page 173 of 196 8.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 > 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@loftplanning.com] > Sent: Monday, July 27, 2015 11:38 AM > To: Spinosa, Adrianna <ASpinosa@oro-medonte.ca> > Cc: Kate Marrs <lazydayz@on.aibn.com> > Subject: RE: 754 Horseshoe Valley 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 been > 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 >> resubmission is going. » >> 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 196 8.a) Report No » 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 LOL2E0 » www.oro-medonte.ca ------------------------- » FROM: Spinosa, Adrianna » SENT: Wednesday, June 24, 2015 2:38 PM » TO: Kristine Loft <kristine@loftplanning.com> » CC: Thompson, Tiffany <Tiffany.Thompson@simcoe.ca>; Murphy, Paul » <Paul.Murphy@simcoe.ca>; Kate Marrs <lazydayz@on.aibn.com>; Jamie » Anderson <@yahoo.ca>; Witlib, Derek <dwitlib@oro-medonte.ca> » SUBJECT: 754 Horseshoe Valley Road West (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 » Adrianna Spinosa » Planner » Township of Oro-Medonte » P: (705) 487-2171 » F: (705) 487-0133 » 148 Line 7 South 3 Page 175 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: drumming -----Original Message ----- From: Coutanche, Barbara Sent: Sunday, August 16, 2015 1:27 PM To: Hall, Phil <phil.hall@oro-medonte.ca>; Jermey, Scott <scott.jermey@oro-medonte.ca>; Macpherson, Scott <scott.macpherson@oro-medonte.ca>; Crawford, John <john.crawford@oro- medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Dunn, Robin <rdunn@oro- medonte.ca>; Hughes, Harry <harry.hug hes@oro-medonte.ca>; Leigh, Andria <aleigh@oro- 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 3pm. 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 176 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: lazy dayz -----Original Message ----- From: Coutanche, Barbara Sent: Sunday, August 16, 2015 1:29 PM To: Hughes, Harry <harry.hug hes@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro- medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca>; Jermey, Scott <scott.jermey@oro- medonte.ca>; Macpherson, Scott <scott.macpherson@oro-medonte.ca>; Crawford, John <john.crawford@oro-medonte.ca>; Hall, Phil <phil.hall@oro-medonte.ca>; Leigh, Andria <aleig h@oro-medonte. ca> Subject: Fw: lazy dayz Sent from my BlackBerry 10 smartphone on the Bell network. Original Message From: Jane <@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. 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. 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 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... From: Brandon <@gmail.com> Sent: August 11, 2015 10:46 AM To: council@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. How 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 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie Subject: RE: Lazy Dayz From: Coutanche, Barbara Sent: Sunday, August 16, 2015 1:24 PM To: Jermey, Scott <scott.iermey@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hall, Phil <phil.hal I@oro-medonte.ca>; Macpherson, Scott <scott.macpherson@oro-medonte.ca>; Crawford, John <john.crawford@oro-medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca>; Dunn, Robin <rdunn@oro- medonte.ca>; Leigh, Andria <aleigh@oro-medonte.ca> Subject: Fw: Lazy Dayz From: Lance Chilton < Sent: Saturday, August 15, 2015 12:59 PM To: Jane Cc: Subject: Re: Lazy Dayz Minutes before receiving Jane's email I too had just finished sending a message to Barb Coutanche, 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, I should be able to put up a ten -storey condo across the road from the fire hall, as I 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 expense 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 705-739-0058 lance(a-)thechiltonteam.com www.thechiltonteam.com Page 179 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Barbara Coutanche Councillor Ward 1 Township of Oro-Medonte On Aug 15, 2015, at 12:07 PM, Jane <jravenshaw(klive.com> wrote: Residents, I write this email 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 council(a�,oro-medonte.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.coutancheAoro-medonte.ca> Sent: August 12, 2015 8:00 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 1 Township of Oro-Medonte Page 180 of 196 -----Original Message ----- From: Jane [Alive.com] Sent: August 11, 2015 6:36 PM To: Coutanche, Barbara Subject: Lazy Dayz Hi Barbara, 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... This Saturday's event was really noisy. I went to bed at 10:00 pm 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 am 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 iPhone of Jane Ravenshaw 3 Page 181 of 196 8.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 <barbara.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, 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. Barb Sent from my BlackBerry 10 smartphone on the 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; @sympatico.ca; Teeter, Janette; lazydayz@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 miniute drive-through by a bylaw officer is sufficient due diligence is really negligent, but that is the naure 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(a-)thechiltonteam.com www.thechiltonteam.com Page 182 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... On Aug 17, 2015, at 10:05 AM, Michael Frederiksen <(a�,mail.com> wrote: Dear Neighbours Yesterday's (16/08) 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 11 pm 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 RR1 Barrie ON L4M4Y8 On Aug 17, 2015, at 8:49 AM, Brandon <kgmail.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 temporary 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 8.a) Report No. drums had played for 5 and a half hours. What 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 I 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.coutanche(koro- medonte.ca> wrote: Brandon, I 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 I also have been there many nights (in front of your home, down Pine Lane and in front of Lazy Dayz) ... same thing. I 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 I will do my best. Just trying to keep you posted and be honest with you. Barb Sent from my B lackB erry 10 smartphone on the Bell network. Original Message From: Brandon Sent: Saturday, August 15, 2015 5:42 PM To: Coutanche, Barbara Subj ect: drumming Hi again Barb, The drumming stopped some time after 3pm. 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 3 Page 184 of 196 8.a) Report No. seems to be the way of things, so sad for us herDnSaQ lu$iNQo�*OEMOyApiq%gP�ijflner, re:... be quieter this weekend. Brandon Page 185 of 196 8.a) 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, Harry <harry.hughes@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hall, Phil <phil.hal I@oro-medonte.ca>; Jermey, Scott <scott.iermeV@oro-medonte.ca>; Macpherson, Scott <scott.macpherson@oro-medonte.ca>; Crawford, John <john.crawford@oro-medonte.ca>; Leigh, Andria <aleigh@oro- mArinntA 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 11:23 AM, Jane < live.com> 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 186 of 196 8.a) Report No. "Come and visit with us during our annual Ope_Q�1 %&9At#461Pr]Pm SRiflpsa, 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 <@gmail.com> Sent: August 19, 2015 10:43 AM To: Coutanche, Barbara Cc: Lance Chilton; Jane; 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 PxtPnriPri fnr 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://www.lazvdavzbedandbreakfast.com/ These are WEDDINGS!!, 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 / announcements from DJ's and live 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 So" 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 2 Page 187 of 196 8.a) Report No. the issue for quite a while and never received aP$2915-yf Q. rj&qEOa$kWq@uPelanner, re:... amplification in a residential area? The by-laws 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'. So, 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 3 Page 188 of 196 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... Brissette, Marie To: Witlib, Derek Subject: RE: Meeting for Concerned Cathedral 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 <@gmail.com>; Lance Chilton <@thechiltonteam.com>; Mike Foley <@scdsb.on.ca>; @hotmail.com; Jane <@live.com>; ebony ebony <@hotmail.com>; Tom Fendley <@sympatico.ca>; Ann McGee <@gmail.com>; @sympatico.ca; Teeter, Janette <iteeter@oro-medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca>; 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 Medonte 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 actually 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 coming 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 week, it becomes more like a vexation. We continue to ask for and solicit your support. Regards Michael and Linda Frederiksen 8 Pine Lane RR1 Barrie ON L4M4Y8 Michael Frederiksen President, CES Canada 8 Pine Lane RR41 Barrie ON Page 189 of 196 8.a) Report No Michelle Turner DS2015-096, 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 our 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 8.a) Report No. 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-medonte.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: @scdsb.on.ca] Sent: October 3, 2015 10:16 PM To: Jane Cc: Lance Chilton; Brandon House; TOM FENDLEY; bell.net; @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 11 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 Hall. 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 8.a) Report No. and he will need to look at it before making a fiM2L 9AeAdAwfhat$01AQ e�ylanner7 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. Jane Page 192 of 196 Brissette, Marie Subject: RE: Lazy Days 8.a) Report No. DS2015-096, Adrianna Spinosa, Planner, re:... -----Original Message ----- From: Coutanche, Barbara Sent: Sunday, October 4, 2015 1:22 PM To: Spinosa, Adrianna <ASpinosa@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 Council <Council@oro-medonte.ca>; 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 9.a) Correspondence dated October 2, 2015 from Sharon R. Goe... October 2, 2015 I� f Township of oro-Medonte o Mayor Harry Hughes h a rry. h ug hes@ o ro-med onte. ca Dear Mayor Hughes TOMSHIP OF SEVERN nM CORPORATION of THE TOWNSHIP of SEVERN P.O. Box 153, Orillia, Ontario, L.3V 6J3 Re: Proposed Bill 73Smart Growth for our Communities Act Your letter, dated September 3, 2015, was presented to the Corporate Services Committee at a regular meeting held September 23# 2015. The following is a motion adopted by Council: ;4 THAT resoNtion of the Township of oro-lMedon e, dated September 2, 2015, with respect to Proposed Br's! 73 — Smart Growth for our Communities es Act b endorsed. Yours truly, s tJ:*1_? 1�1) r Sharon R. Goerke, CMO Clerk SRG CARRIED ' MunicipalWi e: 1024 Hurlwood Lame Telephone: (745) 325-2315 Fax: (705) 7-5818 Email: info townshipofsevern.com Web Site: www ownshipo @-"4 of 196 9.a) Correspondence dated October 2, 2015 from Sharon R. Goe... September 3, 2015 Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON IV15G 2E5 Attention: The Honourable Ted McMeekin Dear Mire [ster McMeekin, _dW41ft�ff_ F4 is _--Mm r iik 04 7! Malmo. Township of 11 Proud Her l"tage, Exciti"ng Future Re: Proposed Bill 73, Smart Growth for our Comm unities Act. The Council of the Township of Oro-Medonte, at its Development Services Committee meeting held on September 2, 2015: passed the following motions with respect to the above - noted mattere "Whereas the Development Services Committee has received corresponderce from Brian Smith, Mayor, Town of Wasaga Beach, dated August 7, 2015; correspondence and Planning Report No P1 5-022, Township of Clearview, dated July 6, 2015; and correspondence from Sharon R. Goerke, Clerk, Township of Severn, dated May 8, 2015, providing cornments regarding proposed Bill 73; And Whereas the Province is proposing amendments to the Planning Act that would-, a) not allow amendments to an official P Ian or Zorn i ng By-law with in two years of thei r passing, b) require Council approval for a minor variance within two years of a site-specific Zoning By -Law Amendment; and And Whereas Council has concerns that these amendments are not in keeping with P rovincial direction for eff icient land use plan ring, wi 11 h inde r the o rderly developm ent of the municipality, and are un realistic in addressing unforeseen development circumstances; Now Therefore It Is Recommended That the Development Services Committee recommends to Cou rail that it supports the conce res from the Townsh ips of C learview and Severn , and the Town of Was aga Beach; That the Province of Ontario be respectfully requested to remove these policies from Bill 731 And That this resolution be forwarded to The Honourable Ted McMeekin, Ministry of Municipal Affairs, the Townships of Severn and Clearview, and The Town of Wasaga. Beach under the Mayor's signature." 1 48 Line 7 South P: (705) 487-2171 WWW.0W4Medemte.ca Oro-Medonte, ON LOL 2EO Fw. {7[]5) 487-0133 9.a) Correspondence dated October 2, 2015 from Sharon R. Goe... Sincerely, H.S. Hughes, iayor cc: Brian Smith, Mayor, Town of 1 a aga Beach Sharon R. Goer) e, Clerk, Township of Severn Pamela Fette p Director, Legislative Services / Municipal Clerk, Township of Clearview /mjh Page 196 of 196