02 06 2019 Development Services Committee Agenda
The Township of Oro-Medonte
Development Services Committee
Meeting Agenda
Council Chambers
Wednesday, February 6, 2019
5:30 p.m.
Page
1. Opening of Meeting:
2. Agenda Approval:
a) Motion to Approve the Agenda.
3. Disclosure of Pecuniary Interest:
4. Approval of Minutes:
3 - 21a) Minutes of Development Services Committee meeting held on Wednesday,
January 2, 2019.
5. Public Meetings:
None.
6. Public Hearings:
22 - 53 a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor
Variance Application 2018-A-51, Tonya Sova, 47 Ward Avenue.
54 - 84 b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor
Variance Application 2018-A-
West.
85 - 125 c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re:
Consent Application 2018-B-34 by Green Valley Farms Inc., 1929
Penetanguishene Road.
126 - 159 d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Planner re:
Consent Application 2018-B-35, Carl and Rebecca Campitelli, 525 Ingram
Road.
160 - 179 e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Services
re: Minor Variance Application 2019-A-01, Dave & Sheila Saunders, 1435
15/16 Sideroad East.
180 - 203 f) 6:20 p.m. Report No. DS2019-008, Todd Weatherell, Intermediate Planner
re: Minor Variance Appliance 2019-A-02, Erik Drury and Colleen Wright, 31
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Huronwoods Drive.
204-231 g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planner re:
Minor Variance Application 2019-A-03 by Brent and Jennifer Miller, 1197
Penetanguishene Road.
7. Deputations:
None.
8. Reports of Municipal Officers:
232 - 240 a) Report No. DS2018-125, Andria Leigh, Director, Development Services re:
Consent Application 2018-B-32 (NVCA), Line 2 North.
241 - 246 b) Report No. DS2018-129, Derek Witlib, Manager, Planning Services re:
Consent Application 2018-B-33 by Cedarbank Holdings Ltd., 703 Line 2
North.
247 - 268 c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning By
Page 2 of 300
law Amendment Application 2018-ZBA-17 by Davtech Industries Ltd., 2907
Highway 11 North, Township of Oro-Medonte [Refer to Item 5b) 02 06 2019
Council Agenda].
269 - 300 d)
Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning By-law
Amendment Application 2017-ZBA-12 Leslie Saila - Glen Oro Farm 2574
Line 10 North [Refer to Item 5c) 02 06 2019 Council Agenda ].
9.
Communications:
None.
10.
Next Meeting Date:
Wednesday, March 6, 2019.
11.
Adjournment:
a)
Motion to Adjourn.
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4.a) Minutes of Development Services Committee meeting held on Wednesday...
-� The Township of Oro-Medonte
U�`'' Development Services Committee Minutes
T°wnship °f Council Chambers
Proud Heritage, Exciting Future
Wednesday, January 2, 2019
Present: Mayor H.S. Hughes (arrived @ 5:34 1
Deputy Scott Jermey
Councillor Ian Veitch
Councillor Scott Macpherson
Councillor Cathy Keane
Councillor Shawn Scott
Councillor Randy Greenlaw '10
Time: 5:30 p.m.
Staff Derek Witlib, Manager, Planning Services; Catherine McLean, Planner;
Present: Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk
1. Opening of Meeting: X'4� Nht"
Deputy Mayor Jermey assumed the Chair and called the meeting to order.
2. Agenda Approval:
a) Motion to Approve the Agenda."
Motion No. DSC190102-1
Moved by Scott, Seconded by Greenlaw
It is recommended that the agenda for the Development Services Committee meeting of
Wednesday January 2, 2019 be received and approved;
That the following correspondence with respect to Item 8b) be received:
1. Randy and Cindy White dated December 19, 2018;
2. John Sutton dated December 19, 2018;
3. Marc and Em Dyson dated December 21, 2018;
4. Deborah Graham and Raquel Gibson received December 26, 2018;
5. Bryan and Leslie Pressnail dated December 27, 2018;
6. Judi and Mery Bolton dated December 27, 2018;
7. Cathy and Perry Camisso dated December 28, 2018;
8. Haidee and Daniel Fish dated December 28, 2018;
9. Tammy DeSousa dated December 31, 2018.
Carried.
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3. Disclosure of Pecuniary Interest:
None declared.
4. Approval of Minutes:
a) Minutes of Development Services Committee meeting held on Wednesday, November 7,
2018.
Motion No. DSC190102-2
Moved by Macpherson, Seconded by Keane
64
It is recommended that the draft minutes of the Development Services Committee
meeting held on Wednesday, November 7, 2018 be received and approved as printed
and circulated.
Item F
Carried.
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5. Public Meetings:
a) Notice of Receipt of a Complete Application, Notice of Particulars and Public
Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of
the Township of Oro-Medonte, Part of Lot 21, Concession 7, 2907 Highway 11
North, 2018-ZBA-17 (Davtech Industries Ltd.).
Deputy Mayor Jermey called the meeting to order at 6:31 p.m. and explained the public
meeting is being held in accordance with the provisions of the Planning Act to obtain
public comments with respect to the proposed Application by Davtech Industries Ltd. on
the lands located at 2907 Highway 11 North. Aff
The following correspondence was received: Township of Oro-Medonte, Operations
Division dated October 25, 2018; Severn Sound Environmental Association dated
October 25, 2018; Enbridge Gas Distribution dated November 1, 2018; Township of
Oro-Medonte, Manager, Development Engineering dated November 5, 2018; Ministry of
Transportation dated November 14, 2018; Lake Simcoe Region Conservation Authority
dated November 16 and December 13, 2018.
AW Idow
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
proposed amendment. A PowerPoint presentation was presented.
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Josh Morgan, Morgan Planning & Development Inc., on behalf of the applicant, was
present.
The following public persons offered verbal comments with respect to the proposed
amendment: None.
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There being no further comments or questions, the meeting adjourned at 6:45 p.m.
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A digital recording of the meeting is available for review through the Township's
website.
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6. Public Hearings:
a) Report No. DS2018-126, Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2018-A-46, Tanja & Manfred Uetz, 11 Owen Road.
The following correspondence was received: Township of Oro-Medonte, Manager,
Development Engineering dated December 3, 2018; Township of Oro-Medonte,
Operations Division dated December 3, 2018; Simcoe County District School Board
dated December 3, 2018.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented. 6,1
Tanja Uetz, applicant, was present.
The following public persons offered verbal comments:
Motion No. DSC190102-3
Moved by Greenlaw, Seconded by Scott
It is recommended
1. That Report No. DS2018-126, Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2018-A-46, Tanja & Manfred Uetz, 11 Owen Road be received and
adopted.
2. That Minor Variance Application 2018-A-46 by Tanja & Manfred Uetz, specifically to
rebuild a dwelling on the same footprint and add a second storey with an interior
side yard setback of 0.91 metres (3.0 feet) on lands municipally known as 11 Owen
Road, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Table B1, the construction shall otherwise comply with all
other applicable provisions of the Zoning By-law;
b) That the proposed construction be substantially and proportionally in conformity
with the dimensions as set out on the application and sketches submitted and
approved by the Committee;
c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, if required,
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. That the applicant be advised of the Development Services Committee's decision
under the Secretary -Treasurer's signature.
Carried.
A digital recording of the hearing is available for review through the Township's website.
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b) Report No. DS2018-122, Todd Weatherell, Intermediate Planner re: Consent Application
2018-B-31 (King & Balogh), 4047 Line 6 North.
The following correspondence was received: Nottawasaga Valley Conservation
Authority dated November 8 and 30, 2018; Township of Oro-Medonte, Manager,
Development Engineering dated November 30, 2018; Township of Oro-Medonte,
Building Division dated December 3, 2018; Simcoe County District School Board dated
December 3, 2018; Township of Oro-Medonte, Operations Division dated December 11
2018.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented. 6,1
The applicant was not present.
The following public persons offered verbal comments:
Motion No. DSC190102-4
Moved by Macpherson, Seconded
It is recommended
1. That Report No. DS2018-122, Todd Weatherell, Intermediate Planner re: Consent
Applications 2018-B-31 (King & Balogh), 4047 Line 6 North be received and adopted
2. That the Development Services Committee grant provisional consent to Application
2018-B-31 to permit a boundary adjustment consisting of a severed parcel of land
having an area of approximately 0. 18 ha (0.45 ac.) a lot frontage of 19.0 m. (62.3 ft.)
and a lot depth of 96.01 m. (314.99 ft.) that is to be merged with an abutting parcel
to the north; and a retained parcel consisting of a lot area of approximately 11.86
hectares (29.32 acres) and a frontage of approximately, 314.0 metres (1030.4 feet)
subject to the following conditions:
a) That the severed lands with an area of approximately acres 0. 18 ha (0.45 ac.)
and approximately 19.0 metres (62.3 feet) of frontage on Line 6 North be merged
in title with the abutting property to the north, municipally known as 4051 Line 6
North, and that the provisions of Sections 50(3) and 50(5) of the Planning Act
apply to any subsequent conveyance of, or other transaction involving, the
identical subject parcel of land. Therefore, once the subject parcel of land has
been conveyed to the owner of the abutting parcel, the subject parcel and the
said abutting parcel shall merge in title and become one parcel of land. A
Solicitor's written undertaking shall be provided to the Secretary -Treasurer
indicating that the necessary steps to implement the conveyance will be taken to
implement the conveyance and to consolidate the parcels to one Property
Identification Number.
b) That one copy of a Registered Reference Plan of the severed lands prepared by
an Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer.
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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 all municipal taxes be paid to the Township of Oro-Medonte.
e) That a Certificate of Consent be issued with respect to the severed parcel
utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the
severed parcel with the abutting parcel to the north.
f) That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice of decision (Approval shall lapse
where the conditions have not been fulfilled within one year of being imposed
and/or two years from the date of the certificate if the transaction has not been
finalized.). WARNING: Failing to fulfil the conditions within the above -noted
statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990)
shall cause the applications to lapse and render this Decision null and
void.
3. That the applicant be advised of the Development Services Committee's decision
under the Secretary -Treasurer's signature.
'Nk Carried.
A digital recording of the
is available for review through the
Township's website.
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c) Report No. DS2018-123, Catherine McLean, Planner re: Minor Variance Application
2018-A-47, Kazunobu & Yasuko Kamiya, 1168 Line 15 North.
The following correspondence was received: Nottawasaga Valley Conservation
Authority dated November 15 and December 21, 2018; Township of Oro-Medonte,
Building Division dated November 28, 2018; Township of Oro-Medonte, Operations
Division dated November 28, 2018; Township of Oro-Medonte, Manager, Development
Engineering dated November 29, 2018; Simcoe County District School Board dated
November 29, 2018.
Catherine McLean, Planner, explained the purpose and effect of the application. A
PowerPoint presentation was presented.
Daniel Kamiya, on behalf of applicant, was present.
The following public persons offered verbal comments: None.
Motion No. DSC190102-5
Moved by Scott, Seconded by GrE
It is recommended
1. That Report No. DS2018-123, Catherine McLean, Planner re: Minor Variance
Application 2018-A-47, Kazunobu & Yasuko Kamiya, 1168 Line 15 North be
received and adopted.
2. That Minor Variance Application 2018-A-47 by Kazunobu & Yasuko Kamiya
specifically to permit the construction of a deck with a setback of 0 metre (0 feet)
from the average high water mark of Bass Lake on the lands known as 1168 Line 15
N, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.7 (a), the proposed deck shall otherwise comply
with all other applicable provisions of the Zoning By-law;
b) That the proposed deck 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 applicants obtain an amendment to their Nottawasaga Valley
Conservation Authority permit as per the comments received from the NVCA
dated December 21, 2018; and,
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. That the applicant be advised of the Development Services Committee's decision
under the Secretary -Treasurer's signature.
Carried.
A digital recording of the hearing is available for review through the Township's website.
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d) Report No. DS2018-121, Todd Weatherell, Intermediate Planner re: Minor Variance
Application 2018-A-48, Doris and Paul Maier, 759 Lakeshore Road East.
The following correspondence was received: Township of Oro-Medonte, Manager,
Development Engineering dated November 30, 2018; Township of Oro-Medonte,
Building Division dated December 3, 2018; Simcoe County District School Board dated
December 3, 2018.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Doris Maier, applicant, was present.
The following public persons offered verbal comments:
Grace St. Clement had a concern
Motion No. DSC190102-6
Moved by Macpherson, Secondec
It is recommended
if there were to be two driveways.
NA, A%
1. That Report No. DS2018-121, Todd Weatherell, Intermediate Planner re: Minor
Variance Application 2018-A-48, Doris and Paul Maier, 759 Lakeshore Road East be
received and adopted.
2. That Minor Variance Application 2018-A-48 by, Doris and Paul Maier, specifically for
permission to permit an accessory dwelling unit (apartment unit) with a maximum
floor area of 94.0 square metres (1011.8 square feet) in the Shoreline Residential
(SR) Zone on the lands municipally known as 759 Lakeshore Road East, Township
of Oro-Medonte, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Table Al and Section 5.4 c) of Zoning By-law 97-95, the
proposed single family dwelling shall otherwise comply with all other applicable
provisions of the Zoning By-law;
b) That the proposed accessory dwelling (apartment) on the property be
substantially and proportionally in conformity with the dimensions as set out on
the application and sketches submitted and approved by the Committee;
c) That the appropriate Zoning Certificate, Engineered Lot Grading and Building
and Septic System Permits be obtained only after the Committee's decision
becomes final and binding, as provided for within the Planning Act R.S.O. 19907
c. P. 13.
4. That the applicant be advised of the Committee's decision under the Secretary -
Treasurer's signature.
Carried.
A digital recording of the hearing is available for review through the Township's website.
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e) Report No. DS2018-127, Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2018-A-49 by Robert King, 151 Mount St. Louis Road East.
The following correspondence was received: Township of Oro-Medonte, Operations
Division dated December 3, 2018; Township of Oro-Medonte, Manager, Development
Engineering dated December 4, 2018; Simcoe County District School Board dated
December 4, 2018; Township of Oro-Medonte, Building Division dated December 11
2018; Jamie Robinson, MHBC Planning, Urban Design & Landscape Architecture dated
December 21, 2018.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
� 14L
Jamie Robinson, MHBC Planning Urban Design & Landscape Architecture, on behalf of
the applicant, was present. A PowerPoint presentation was presented.
The following public persons offered verbal comments:
Tom Renee provided comments with respect to a "for sale" property sign on the
property, setback of road allowance and the amount of notice given for the application.
,W-qEkk" 140L
Rob King, owner, provided reply coma
Motion No. DSC190102-7 `-
Moved by Veitch, Seconded by Greer
It is recommended NINk A41011010611, ML
1. That Report No. DS2018-127, Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2018-A-49 by Robert King, 151 Mount St. Louis Road East be received.
2. That Minor Variance Application 2018-A-49 by Robert King, specifically to permit
construction of a single detached dwelling partially within the Environmental
Protection Zone and with a reduced setback from the limits of the Environmental
Protection Zone of 0.0 metres (0.0 feet) on lands municipally known as 151 Mount
St. Louis Road East, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Table A5 and Section 5.27, the proposed dwelling shall
otherwise comply with all other applicable provisions of the Zoning By-law;
b) That the proposed dwelling 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's Environmental Impact Study (EIS) be provided to the
Nottawasaga Valley Conservation Authority and to Township Planning Staff for
review and comments;
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d) That the applicant prepare and submit to the Township a Planning Justification
Report that demonstrates to the satisfaction of the Township that the proposed
development conforms with the Natural Heritage System policies contained in the
Growth Plan for the Greater Golden Horseshoe 2017); and,
e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, if required,
and Building Permit be obtained from the Township only after the Committee's
decision becomes final and binding, as provided, as provided for within the
Planning Act R.S.O. 1990, c.P. 13.
4. That the applicant be advised of the Committee's decision under the Secretary -
Treasurer's signature.
Carried.
A digital recording of the hearing is available for review through the Township's website.
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f) Report No. DS2018-125, Andria Leigh, Director, Development Services re: Consent
Application 2018-B-32 (NVCA), Line 2 North.
The following correspondence was received: Township of Oro-Medonte, Manager,
Development Engineering dated December 3, 2018; Township of Oro-Medonte,
Operations Division dated December 3, 2018; Township of Oro-Medonte, Building
Division dated December 4, 2018; Simcoe County District School Board dated
December 4, 2018; Nottawasaga Valley Conservation Authority dated December 21,
2018. A&
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Bryon Wesson, on behalf of Nottawasaga Valley Conservation Authority, was present.
The following public persons offered verbal comments:
Colleen Kohen provided comments in support of the application.
Tyson Alexander provided comments to request a deferral to review the application.
Motion No. DSC190102-8 1 1%
Moved by Hughes, Seconded by Scott
0**4
It is recommended that Consent Application 2018-B-32 (NVCA), Line 2 North to convey
a parcel possessing a frontage of approximately 129 metres (423 feet) and an area of
approximately 1.2 hectares (2.96 acres) being an application to permit a boundary
adjustment be deferred to the February Development Services Committee meeting to
permit landowners the opportunity to review the application.
Carried.
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Motion No. DSC190102-9
Moved by Greenlaw, Seconded by Veitch
It is recommended
1. That Report No. DS2018-125, Andria Leigh, Director, Development Services re:
Consent Application 2018-B-32 (NVCA), Line 2 North be received and adopted.
2. That the Development Services Committee grant provisional consent to Application
2018-B-32 to convey a parcel possessing a frontage of approximately 129 metres
(423 feet) and an area of approximately 1.2 hectares (2.96 acres) being an
application to permit a boundary adjustment, subject to the following conditions:
a) That the severed lands be merged in title with the abutting property to the north,
and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to
any subsequent conveyance of, or other transaction involving, the identical
subject parcels of land. Therefore, once the subject parcels of land have been
conveyed to the owner of the abutting parcel, the subject parcels 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 to implement the conveyance will be taken to implement the
conveyance and to consolidate the parcels to one Property Identification
Number. mklqomihl.
b) That one copy of a Registered Reference Plan of the subject lands indicating the
severed parcels be prepared by an Ontario Land Surveyor be submitted to the
Secretary -Treasurer;
c) That the applicant's solicitor prepare and submit a copy of the proposed
conveyances for the parcels severed, for review by the Municipality;
d) That all municipal taxes be paid to the Township of Oro-Medonte;
e) 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
f) That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice of decisions (Approval shall lapse
where the conditions have not been fulfilled within one year of being imposed
and/or two years from the date of the certificate if the transaction has not been
finalized.).WARNING: Failing to fulfil the conditions within the above -noted
statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990)
shall cause the applications to lapse and render this Decision null and
void.
3. That the applicant be advised of the Development Services Committee's decision
under the Secretary -Treasurer's signature.
Deferred.
A digital recording of the hearing is available for review through the Township's website.
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g) Report No. DS2018-129, Derek Witlib, Manager, Planning Services re: Consent
Application 2018-B-33 by Cedarbank Holdings Ltd., 703 Line 2 North.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated December 4, 2018; Township of Oro-Medonte, Manager, Development
Engineering dated December 4, 2018; Township of Oro-Medonte, Operations Division
dated December 4, 2018; Bell Canada, Right of Way dated December 5, 2018; Simcoe
County District School Board dated December 5, 2018.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented. jr
The applicant was not present.
The following public persons offered verbal comments: No
Motion No. DSC190102-10
Moved by Greenlaw, Seconded by Scott
It is recommended that Consent Application 2018-B-33 by Cedarbank Holdings Ltd.,
703 Line 2 North be deferred to allow the applicant the opportunity to attend the
February Development Services Committee meeting to present the application.
ANEPW- —R Carried.
A digital recording of the hearing is available for review through the Township's website.
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h) Report No. DS2018-124, Catherine McLean, Planner re: Minor Variance Application
2018-A-50 by Lindell and Bradley Annan, 99 Mill Street.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated December 4, 2018; Township of Oro-Medonte, Operations Division dated
December 4, 2018; Township of Oro-Medonte, Manager, Development Engineering
dated December 5, 2018; Simcoe County District School Board dated December 5,
2018; Lake Simcoe Region Conservation Authority dated December 6, 2018.
Catherine McLean, Planner, explained the purpose and effect of the application. A
PowerPoint presentation was pr
Brad Annan, applicant, was pre:
The following public persons offE
Motion No. DSC190102-11
Moved by Keane, Seconded by
It is recommended
1. That Report No. DS2018-124, Catherine McLean, Planner re: Minor Variance
Application 2018-A-50 by Lindell and Bradley Annan, 99 Mill Street be received and
adopted.
2. That Minor Variance Application 2018-A-50 by Lindell and Bradley Annan,
specifically to permit the construction of a detached accessory building with an
increased height of 5.67 metres (18.59 feet) and an increased floor area of 147.53
sq.m. (1,588 sq.ft.), on lands municipally known as 99 Mill Street, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.1.4 and 5.1.6 of Zoning By-law 97-95, the
proposed detached accessory building shall otherwise comply with all other
applicable provisions of the Zoning By-law;
b) That the proposed detached accessory building and landscaping on the property
be substantially and proportionally in conformity with the dimensions as set out
on the application and sketches submitted and approved by the Committee;
c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan 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. That the applicant be advised of the Development Services Committee's decision
under the Secretary -Treasurer's signature.
Carried.
A digital recording of the hearing is available for review through the Township's website.
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i) Report No. DS2018-128, Todd Weatherell, Intermediate Planner re: Minor Variance
Application 2018-A-52, Victoria and Paul Hand, 123 Bay Street.
The following correspondence was received: Township of Oro-Medonte, Operations
Division dated December 4, 2018; Township of Oro-Medonte, Manager, Development
Engineering dated December 5, 2018; Simcoe County District School Board dated
December 5, 2018; Lake Simcoe Region Conservation Authority dated December 9, 2018.
Derek Witlib, Manager, Planning Services explained the purpose and effect of the
application. A PowerPoint presentation was presented.
Victoria Hand, applicant, was present.
The following public persons offered verbal comments
Motion No. DSC190102-12
Moved by Greenlaw, Seconded by Scott
ILI
It is recommended
1. That Report No. DS2018-128, Todd Weatherell, Intermediate Planner re: Minor
Variance Application 2018-A-52, Victoria and Paul Hand, 123 Bay Street be received
and adopted. V&
2. That Minor Variance Application 2018-A-52 by Victoria and Paul Hand, specifically to
permit a detached accessory building (garage) with a front yard setback of 1.36 metres
(4.46 feet), and an increase in floor area of 13.39 square metres (144.13 square feet) for
a total detached garage size of 47.65 square metres (512.91 square feet) on the lands
municipally known as 123 Bay Street, Township of Oro-Medonte, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.1.3 a) and 5.16.1 b) of Zoning By-law 97-95, the
proposed detached garage will otherwise comply with all other applicable provisions
of the Zoning By-law;
b) That the proposed detached garage 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 verify by pinning the foundation wall of the detached
garage in writing by way of survey/real property report, prior to the pouring of the
footing and if no footing, the foundation, that the detached garage is located no
closer than 1.36 metres (4.46 ft.) from the front lot line;
d) That prior to obtaining a Building Permit from the Township, the applicant satisfy any
permits and/or approvals, from the Lake Simcoe Region Conservation Authority; and
e) That the appropriate Zoning Certificate, Engineered Lot Grading and Building Permit
be obtained 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. That the applicant be advised of the Committee's decision under the Secretary -
Treasurer's signature.
Carried.
A digital recording of the hearing is available for review through the Township's website.
Page 15 of 19
Page 17 of 300
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, January 2, 2019.
7. Deputations:
None.
8. Reports of Municipal Officers:
a) Derek Witlib, Manager, Planning Services re: Development Services Committee,
Orientation Training.
Motion No. DSC190102-13
Moved by Macpherson, Seconded by Keane
64
It is recommended that the presentation by Derek Witlib, Manager, Planning Services
re: Development Services Committee, Orientation Training be received.
Motion No. DSC190102-14
AffiEftak- MR,
Moved by Veitch, Seconded by Macpherson
Carried.
It is recommended that Rule 14.21 a) of Procedural By-law No. 2017-165 be suspended
in order to allow the meeting to proceed past the 4 hour adjournment requirement.
Carried.
j`wW`"4%6'
Page 16 of 19
Page 18 of 300
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, January 2, 2019.
b) Memorandum correspondence dated January 2, 2019 from Todd Weatherell,
Intermediate Planner re: Consent Application 2018-B-27, 1179 Line 2 South, Township
of Oro-Medonte (Cormier) [deferred at the November 7, 2018 Development Services
Committee meeting].
The Committee consented to allow for public comment.
Chris McCaskie, agent on behalf of the applicant, provided comments.
Farida Jones provided comments. A PowerPoint presentation was presented.
Motion No. DSC190102-15
Moved by Greenlaw, Seconded by Scott
It is recommended
1. That the memorandum correspondence dated January 2, 2019 and Report No.
DS2018-107, Todd Weatherell, Intermediate Planner re: Consent Application 2018-
6-27, 1179 Line 2 South, Township of Oro-Medonte (Cormier) be received and
adopted. 11011061.
2. That the Development Services Committee grant provisional consent to Consent
Application 2018-B-27 to sever 1 lot, possessing a frontage of 22.55 metres (74.0
feet) and a lot area of 1003.72 sq. metres (0.25 acres) for a proposed single
detached residential use, 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 signs the Township's Memorandum of Understanding by
which the applicant acknowledges the requirements and timing of matters that
may include: payment of development charges, payment of cash in lieu of
parkland, detailed design of a building or septic system, engineered lot grading,
and water and sanitary servicing, on either the vacant severed or vacant retained
parcel.
d) That the applicant apply and receive a demolition permit to demolish a portion of
the existing building that is located on 1179 Line 2 South.
e) That the applicant dedicate to the Municipality a fee of $2,000 as a parkland
contribution for each residential lot to be created as cash -in -lieu of a parkland
contribution pursuant to subsection 53(13) of the Planning Act, R.S.O. 1990 c. P.
13.:
f) That the applicant apply and be approved a minor variance for the minimum lot
area and lot frontage for both the severed lands and retained lands.
g) That the applicant submit information by a qualified professional, which
demonstrates that the severed parcel of land is capable of accommodating an
appropriate private on-site sewage disposal system to the satisfaction of the
Chief Building Official.
Page 17 of 19
Page 19 of 300
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, January 2, 2019.
h) The applicant apply and be approved for Site Plan Approval to implement
recommendations set out in the Tree Inventory and Preservation Plan Report,
prepared by Kuntz Forestry Consulting Inc., dated December 5, 2018.
i) That all municipal taxes be paid to the Township of Oro-Medonte;
j) 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
k) That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice of decision (Approval shall lapse
where the conditions have not been fulfilled within one year of being imposed
and/or two years from the date of the certificate if the transaction has not been
finalized.). WARNING: Failing to fulfil the conditions within the above -noted
statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990)
shall cause the application to lapse and render this Decision null and void.
3. That the applicant be advised of the Development Services Committee's decision
under the Director, Development Services' signature.
Recorded Vote Requested by Councillor Keane
Councillor Keane Nay
Councillor Macpherson Yea
Councillor Scott Yea
fth6-
Councillor Veitch Nay
Councillor Greenlaw Yea
Mayor H.S. Hughes1P Yea
Deputy Mayor Jermey Yea
9. Communi
•CM
10. Next Meeting
February 6, 2019.
Carried.
Page 18 of 19
Page 20 of 300
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, January 2, 2019.
11. Adjournment:
a) Motion to Adjourn.
Motion No. DSC190102-16
Moved by Macpherson, Seconded by Keane
It is recommended that we do now adjourn at 10:12 p.m.
Carried.
AL64
Deputy Mayor Jermey, Chair Derek Witlib, Manager, Planning Services
E
Page 19 of 19
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6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Tc h, of
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-006
Development Services
Danielle Waters
Committee
Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Minor Variance Application
2018-A-51
Tonya Sova
47 Ward Avenue
Roll #:
4346-010-005-32100
R.M.S. File #:
D13 56105
Recommendation(s): Requires Action For Information Only
It is recommended:
1. That Report No. DS2019-006 be received and adopted.
2. That Minor Variance Application 2018-A-51 by Tonya Sova to permit one (1)
detached accessory building within the front yard with a minimum front yard
setback of 7.2 metres (23.6 feet) on the lands municipally known as 47 Ward
Avenue, Township of Oro-Medonte, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.1.3 a) of Zoning By-law 97-95, the
proposed accessory building shall otherwise comply with all other
applicable provisions of the Zoning By-law;
b) That the proposed accessory building 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 verify by pinning the foundation wall and
verifying in writing by way of survey/real property report, prior to the
pouring of the footing and if no footing, the foundation, that the detached
accessory building is located no closer than 7.2 metres (23.6 feet) from
the front property line;
d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and
Building Permit be obtained 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 Development Services Committee's
decision under the Secretary -Treasurer's signature.
Development Services February 6, 2019
Report No. DS2019-006 Page 1 of 13
Page 22 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Background:
The subject property has a lot area of 0.10 hectares (025 acres). The property currently
supports a single detached dwelling having an area of 92.81 sq.m. (999.06 sq.ft.) and
two existing sheds with areas of 7.2 sq.m (77.5 sq.ft.) and 5.76 sq.m. (62 sq.ft.).
The applicant is proposing to construct a 22.5 sq. m. (241.1 sq. ft.) detached accessory
building (garage) to be located within the front yard (refer to Schedules 4, 5 and 6). The
current garage was built without a permit, therefore the applicant is requesting the
approval of the current structure as well as the extension of the structure by 1.5 metres
(5.0 feet). The applicant is requesting relief from the following Section of Zoning By-law
97-95, as amended:
Section 5.1.3 (a) — Permitted Locations for Detached Accessory Buildings
Required Proposed
Not to be located in front yard To be located in front yard 7.2 metres (23.6
feet) from the front lot line
The applicant's site plan and elevation drawings are included as Schedules 4, 5 and 6
to this report.
Analysis:
Provincial Policies
The Growth Plan for the Greater Golden Horseshoe (2017) provides a long-term plan to
manage growth and protect the natural environment. Section 2.2.9 Rural Areas is
applicable to this application. This section has been reviewed and Planning Staff is of
the opinion that the proposed detached accessory building is consistent with the Rural
Areas policies in the Growth Plan as the lands subject to this application are already
within an established residential area.
Based on the Province's mapping of key natural heritage features, the proposed
development is located within 120 metres of a woodland and unevaluated wetland
feature, as illustrated on Schedule 3 of this report. As a result, Section 4.2.4 Lands
Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies
to this application. Specifically, Section 4.2.4.1 states:
"Outside settlement areas, a proposal for new development or site alteration
within 120 metres of a key natural heritage feature within the Natural Heritage
System or a key hydrologic feature will require a natural heritage evaluation or
hydrologic evaluation that identifies a vegetation protection zone, which:
a) is of sufficient width to protect the key natural heritage feature or key
hydrologic feature and its functions from the impacts of the proposed change;
b) is established to achieve and be maintained as natural self-sustaining
vegetation; and,
Development Services February 6, 2019
Report No. DS2019-006 Page 2 of 13
Page 23 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
c) for key hydrologic features, fish habitat, and significant woodlands, is no less
than 30 metres measured from the outside boundary of the key natural
heritage feature or key hydrologic feature." (p. 44 of the Growth Plan for the
Greater Golden Horseshoe, 2017).
It should be noted that the Township's Official Plan does not identify this portion of the
nearby woodland as significant. However, the County of Simcoe Official Plan does
identify it as significant, and as such, is designated Greenlands. The Nottawasaga
Valley Conservation Authority has no concerns with the location of the proposed
detached accessory building. Based on the aerial imagery and Staff's site visit, the
proposed detached accessory building will be located more than 30 metres from the
woodland and wetland features. In Planning Staff's opinion, a natural heritage
evaluation is not required as multiple residential lots serve as a buffer separating the
proposed development from the woodland and wetland features and no adverse impact
is foreseen on the natural features. Planning Staff is of the opinion that to require the
applicant to complete a natural heritage evaluation would in this case not benefit any
Provincial policy interests nor would it add any information to assist in the consideration
of this application.
Section 4.2.4.5 permits development outside of settlements areas, in developed
shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for
concentrations of shoreline residential development subject to certain conditions
protecting and improving the integrity and ecological health of shoreline areas: "restore,
to the maximum extent possible, the ecological features and functions in developed
shoreline areas" (Section 4.2.4.5.c). The subject lands are regulated by the
Nottawasaga Valley Conservation Authority (NVCA). The applicant obtained a letter
from the NVCA dated November 14, 2018, in which they indicated that they have no
concerns from a Planning Act perspective regarding the proposed detached accessory
building. Planning Staff is satisfied that these conditions have been fulfilled through
NVCA's satisfaction with the proposed development.
Based on the above, it is Planning Staff's opinion that the proposed variance conforms
to the Growth Plan and a natural heritage evaluation will not be required as the subject
lands are already within an established shoreline residential area and further, the
subject property is separated from the key natural heritage features (woodland and
unevaluated wetland) by several residential lots.
The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial
interest related to land use planning and development. Specifically, Section 1.1.4 —
Rural Areas, Section 2.1 — Natural Heritage, and Section 2.2 — Water are applicable to
this application. The application represents limited, resource-based (shoreline)
residential development that is consistent with the PPS with respect to Rural Areas.
Planning Staff is of the opinion that this application is consistent with the Natural
Heritage, Water, and Natural Hazards policies of the PPS, and is supported by the
Nottawasaga Valley Conservation Authority.
Development Services February 6, 2019
Report No. DS2019-006 Page 3 of 13
Page 24 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
County Official Plan
In Simcoe County's Official Plan the property is designated Rural. Permitted uses in the
Rural designation include limited residential development. In Planning Staff's opinion,
the proposed development is consistent with the County's Official Plan as the proposed
detached accessory building is considered accessory to the existing residential use..
Does the variance conform to the general intent and purpose of the Official Plan?
The subject lands are designated Shoreline in the Township's Official Plan. The intent
of the Shoreline designation is:
• To maintain the existing character of this predominantly residential area;
• To protect the natural features of the shoreline area and the immediate shoreline;
and,
To ensure that existing development is appropriately serviced with water and
sewer services.
Pursuant to the policies of the Plan, permitted uses within the "Shoreline" designation
include single detached dwellings and by extension accessory uses to the residential
use. Therefore, based on the above, the requested variance pertaining to the
construction of one (1) detached accessory building, which is accessory to the main
residential use of the subject lands, is considered to conform to the Official Plan.
Does the variance conform to the general intent and purpose of the Zoning By-law?
The subject property is zoned Shoreline Residential in the Township's Zoning By-law
97-95, as amended. Single detached dwellings and by extension detached accessory
buildings, are permitted in the Shoreline Residential Zone. The applicant is proposing to
build a detached accessory building at the front of the dwelling and is seeking relief from
the Zoning By-law to allow for the building to be constructed in the front yard.
Upon site visit, Planning Staff noted that the surrounding dwellings along Ward Avenue
have varying setbacks from Ward Avenue. There are several detached accessory
buildings in the front yard on the opposite side of the street, though these are permitted
because the dwellings abut Bass Lake and detached accessory buildings are permitted
to be located in the front yard. The requested variance for a detached accessory
building would not appear to be out of character with the surrounding development. In
addition, the proposed detached accessory building is not anticipated to have any
adverse impacts on adjacent neighbours. For instance, the proposed detached
accessory building in the requested location will keep the current fence intact, and there
is a buffer of trees that shelter a portion of the view of the building from the neighbours.
The proposed development of the lands requires relief from the Zoning By-law to permit
the construction of a detached accessory building in the front yard with a setback of 7.2
metres (23.6 feet) from the front property line. The general intent of the Zoning By-law
in prohibiting accessory buildings, such as garages, in front yards is to ensure the
dwelling remains primary in both use and appearance on the lands, particularly when
viewed from the street. Upon visiting the site, Staff noted that the location of the
Development Services February 6, 2019
Report No. DS2019-006 Page 4 of 13
Page 25 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
proposed garage in front of the dwelling would make it the first building to be seen upon
entering the lot. Nevertheless, in Planning Staff's opinion, the proposed garage, at 22.5
sq. m (241.1 sq. ft.), would be sufficiently smaller than the dwelling, at 92.81 sq. m.
(999.06 sq. ft.), to ensure that the dwelling maintains its appearance as the dominant
structure on the property.
For the reasons outlined above, the requested variance is considered to meet the
general intent and purpose of the Zoning By-law.
Is the variance desirable for the appropriate development of the lot?
Since the applicant is proposing a structure within NVCA Regulated lands, Planning
Staff rely on the expertise of the Nottawasaga Valley Conservation Authority. In this
case, the NVCA has advised that they have no concerns with the proposed detached
accessory building and the proposed development is exempt from requiring an NVCA
permit.
It should also be noted that the 7.2 metre front yard setback is sufficient to park in the
driveway in front of the garage as the Zoning By-law's minimum parking space length is
6 metres.
Based on the above, Planning Staff is satisfied that the proposed development would be
considered desirable for the appropriate redevelopment of the lot.
Is the variance minor?
The question of the minor nature of the variance relates to its scale and impact. In
Planning Staff's opinion, the requested Minor Variance to allow for a detached
accessory building in the front yard is minor in nature as it is not anticipated to have an
adverse impact on the neighbouring properties and is consistent with other
developments along Ward Avenue.
As the proposed variance is considered to conform to the general intent of the Official
Plan, to meet the general intent of the Zoning By-law, 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 J Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend
the Committee's decision.
Policies/Legislation:
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2014
Development Services February 6, 2019
Report No. DS2019-006 Page 5 of 13
Page 26 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
• Growth Plan for the Greater Golden Horseshoe, 2017
• 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:
In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
• Encourage the protection of the Township's natural heritage features while
ensuring that uses that rely on these features such as home-based businesses,
recreation, and tourism are promoted and strengthened.
Staff are of the opinion that the proposed development will not negatively impact the
Township's natural features and attributes.
Consultations:
A notice sign was posted on the property and notice of the application was circulated to
agencies, Township Departments and to assessed property owners within a 60 -metre
(200 feet) radius of the lands. As of the preparation of this report, the following
comments have been received:
• Township Development Engineering — No objection.
• Township Building Services — No comments.
• Township Infrastructure and Capital Projects — No objections.
• Nottawasaga Valley Conservation Authority -- No concerns.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Ministry of Natural Resources & Forestry — Natural Heritage System
Schedule 4: Applicants Elevation Drawings
Schedule 5: Applicants Existing Site Plan
Schedule 6: Applicants Proposed Site Plan
Conclusion:
Development Services February 6, 2019
Report No. DS2019-006 Page 6 of 13
Page 27 of 300
6.a) 5.30 p.m. Report No.DS2019-6, Danielle Waters, Planner re- Minor Va...
Planning Staff recommends that Minor Variance Application 2018-A-51 be approved,
specifically, to permit a detached accessory building in the front yard, 7.2 metres (23.6
feet) from the front lot line, on the basis that the application meets the four tests of the
Planning Act.
Respectfully submitted:
Danielle Waters
Reviewed by:
A-0�444t
Derek Witlib, RPP
lc nner Manager, Planning services
SMT Approval 1 Comments:
Development Services
Report No. DS2019-006
February 6, 2019
Page 7 of 13
Page 28 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re. Minor Va...
Schedule 1; Location Map
w
16
23 st
u
20 2*
1a
35
31 i1 16 26
45 17
R4
12
t9 _
10 6�0� 29
22 N 26 -V 3t 34 35 #{ #P. 53 g 5
4%* 0'.'J 6
Ilk53
4B � S2
S7
5Q 2
52 G1 36
54 63
56 67 .241 IQ0
5H 33
60 le(
62 64
71
di
(6 73
611
72
74
76
Schedule 1
Location
Subject Lands
®
d t00 m
Fie Number..201&IM51
rJ Lam_ I I I F
Development Services February 6, 2019
Report No. DS2019-006 Page 8 of 13
Page 29 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Schedule 2; Aerial Photo
Schedule 2 Ot
Aerial Photo
$Ltb]2C{ Lands i+rdf+.� Hr`Nradr, F:s.:iir� nnli��r
0 10 m
Re Number 213MA,51 rJ E : i i
Development Services February 6, 2019
Report No. DS2019-006 Page 9 of 13
Page 30 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Schedule 3; Ministry of Natural Resources & Forestry — Natural Heritage System
Schedule 3
Ministry of Natural Resources & Forestry
- Natural Heritage System
-4w-owwl'
`Subject Lands lburlshilto(
Natural Heritage System Provincially Significant Wettand���" —� f
Proud Heritrtgr, Lsririuq Future
Woodland Unevaluated Wettand
0 100 200 m
File Number. 2016-A•51 N I i i i i I r r r I 1
Development Services February 6, 2019
Report No. DS2019-006 Page 10 of 13
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6.a) 5.30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Schedule 4: Elevation Drawings
Schedule 4
Elevation Drawings
'TtuetsJtip j
C;Y�oee
He Number 2018-A-51 I'ruur! Hertt,rgc, !-Exciting Future
Development services February 6, 2019
Report No. DS2019-006 Page 11 of 13
Page 32 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Schedule a: Applicants Existing Site Plan
-
i k
. big v
•�'4Y �i TOI;e.Ii
iY
t� • f
R�r
_ y�alt-
#iiR4.zSs...- N+
Schedule 5
Existing Site Plan
'jiuYilg{tfp Of
File Number 2418-R-51
(9,-^c�/�rt
1=rnrtA Heritage, ExriGe{Q Future
Development Services February 6, 2019
Report No. DS2019-006 Page 12 of 13
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6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Schedule 6; Applicants Proposed Site Plan
i Septic ------------------; 8'x10'
Shed
_
.......................... .................
........;....................,
--------
------ , Deck - i
Single \l.�n��
25'
JWL Deck
qw
Schedule 6
Proposed Site Plan
File Number 2018-A,51
Development Services
Report No. DS2019-006
25'7
9' FK� rR
..
........ Z .....................
T
s
c 21'
m
r
40 x'2
Well
23'8
— 0 1
Ward Ave
Proud fferif4ee, Exciting Fulare
February 6, 2019
Page 13 of 13
Page 34 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 11:28 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Musso-
Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney,
Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-A-51)Sova
Teresa
Development Engineering has No Objection to the above noted Application.
It should be noted that an Engineered Lot Grading Plan shall be required with the
Building Permit Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 35 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Thursday, January 17, 2019 11:14 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-A-51)Sova
Teresa
Operations has no objections nor further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 36 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Thursday, January 17, 2019 12:22 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-A-51)Sova
Building Department has no comment at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 37 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
From: Clayton Cadiou <claytoncadiou@gmail.com>
Sent: Thursday, January 24, 2019 6:49 PM
To: Planning <Planning@oro-medonte.ca>
Subject: 47 Ward Ave
My only concerns are when building a garage of this size, is it not supposed to be on an approved
engineered floating pad? Also, is tarp an aproved siding for a permanent building? I don't
believe this is a temporary building due to the fact it has a steel roof and there for should meet
the zoning by-law requirements of section 5.1.3(a)
Could you update me on the appeal and send me a copy of the decision.
Thanks
Clayton
Page 38 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
RE: Application NVCA Clearance
Julie Prentice <jprentice@nvca.on.ca>
Wed 2018-11-14,12:28 PM
To: 'Tonga Sova' <tonyasova@hotmail.com>
Cc:'Falconi, Teresa' <tfalconi@oro-medonte.ca>
1 attachments (478 KB)
scanner@laflecheroofing.ca 20181114_111529.pdf,
November 14, 2018
Tonya Sova
47 Ward Avenue
Oro-Medonte ON
L3V 6H2
Dear Ms. Sova,
Re: Application to build a carport located at 47 Ward Avenue, Township of Oro-Medonte, County of Simcoe
Thank you for consulting with the Nottawasaga Valley Conservation Authority (NVCA) in regard to a property clearance for
the above noted development. The NVCA has reviewed your application and the environmental information related to the
property and we have determined the following:
1. That the proposed development location is partially within the flood hazards;
2. That the proposed development location is within the flood allowance;
3. That NVCA staff have no concerns pertaining to the proposed carport.
Please consider this email your clearance for the municipality. If you have any questions, please contact the undersigned
at extension 227.
Sincerely,
Julie Prentice I Regulations Assistant
Nottawasaga Valley Conservation Authority
8195 8t#' Line, Utopia, ON LOM 1T0
T 705-424-1479 ext. 227 IF 705-424-2115
jprentice@nvca.on.ca I nvca.on.ca
To submit your Permit Application electronically, email your submission directly to permitsl�a)nvca.an.ca. Note: Files larger than 5MB are not receieved. In
this case, submit the documents individually.
To see if your property is regulated by the NVCA, use our Interactive Property Map at http://www.nvca.on.ca/planning-permits/interactive-property-map
To find out if your property may be affected by NVCA policies and regulations, complete our online property inquiry form at
http://www.nvca.on.ca/planning-permits/proptrty-:inquiries
For more information about planning and permits, visit our website at http://www.nvca,on.caZptanning_permits/Permits-Rega
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.
From: Tonya Sova [mailto:tonyasova@hotmail.com]
Sent: Wednesday, November 14, 2018 11:41 AM
To: Julie Prentice <jprentice@nvca.on.ca>
Subject: Application
Hi Julie,
Page 39 of 300
6.a) 5:30 p.m. Report No.D 6&�6Q,Dam"@v erEs)tBlnmt arminerqVa...
6a) Additional correspondence received
From: Emma Perry <eperry@nvca.on.ca>
Sent: Monday, February 4, 2019 12:04 PM
To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Andrew Fera <afera@nvca.on.ca>; Julie Prentice
<jprentice@ nvca.on.ca>
Subject: NVCA comments re 2018-A-51 (Sova)
Hi Andy,
The NVCA has reviewed the above -noted application and advises that we have no objection to the
proposed minor variance for a detached accessory structure to be located in the front yard of the
existing dwelling. The subject property is within the NVCA regulation limit for flood hazards associated
with Bass Lake — a permit or clearance from our office has been issued (attached) for the proposed
detached accessory structure (garage).
Thank you for circulating this application for our review.
Kind regards,
Emma Perry I Planner II
Nottawasaga Valley Conservation Authority
8195 8th Line, Utopia, ON LOM 1TO
T 705-424-1479 ext.244 I F 705-424-2115
eperry@nvca.on.ca I nvca.on.ca
Page 40 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
Falconi, Teresa
From: Julie Prentice <jprentice@nvca.on.ca>
Sent: Wednesday, November 14, 2018 12:28 PM
To: 'Tonya Sova'
Cc: Falconi, Teresa
Subject: RE: Application NVCA Clearance
Attachments: scanner@Iaflecheroofing.ca_20181114_111529.pdf
November 14, 2018
Tonya Sova
47 Ward Avenue
Oro-Medonte ON
L3V 6H2
Dear Ms. Sova,
Re: Application to build a carport located at 47 Ward Avenue, Township of Oro-Medonte, County
of Simcoe
Thank you for consulting with the Nottawasaga Valley Conservation Authority (NVCA) in regard
to a property clearance for the above noted development. The NVCA has reviewed your
application and the environmental information related to the property and we have determined
the following:
1. That the proposed development location is partially within the flood hazards;
2. That the proposed development location is within the flood allowance;
3. That NVCA staff have no concerns pertaining to the proposed carport.
Please consider this email your clearance for the municipality. If you have any questions, please
contact the undersigned at extension 227.
Sincerely,
Julie Prentice I Regulations Assistant
Nottawasaga Valley Conservation Authority
8195 8th Line, Utopia, ON LOM 1TO
T 705-424-1479 ext. 227 1 F 705-424-2115
jprentice@nvca.on.ca I nvca.on.ca
To submit your Permit Application electronically, email your submission directly to permits<cbnvca.on.ca. Note: Files larger
than 5MB are not receieved. In this case, submit the documents individually.
To see if your property is regulated by the NVCA, use our Interactive Property Map at http://www.nvca.on.ca/planning
permits/interactive-property-ma p
To find out if your property may be affected by NVCA policies and regulations, complete our online property inquiry
form at http://www.nvca.on.ca/planning-permits/property-inguiries
For more information about planning and permits, visit our website at http://www.nvca.on.ca/planningpermits/Permits-
Reas
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.
From: Tonya Sova [mailto:tonyasova@hotmail.com]
Sent: Wednesday, November 14, 2018 11:41 AM
To: Julie Prentice
Subject: Application
Hi Julie,
As per our conversation here is a copy of my site plan.
Tanya
Page 41 of 300
6.a) 5:30 p.m. Report No.DS2019-6, Danielle Waters, Planner re: Minor Va...
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Page 42 of 300
Minor Variance 2018-A-51 (Sova)
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Page 53 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Township of
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-007
Development Services
Catherine McLean
Committee
Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Minor Variance Application
2018-A-53
Jason & Jennifer O'Neill
Roll #:
R.M.S. File #:
4346-010-007-21500
i735 Ridge Road West
D13 56149
Recommendation(s): Requires Action 0 For Information Only
It is recommended:
1. That Report No. DS2019-007 be received and adopted.
2. That Minor Variance Application 2018-A-53 by Jason & Jennifer O'Neill
specifically to permit the construction of a boathouse with an increased height of
8.45 metres (27.72 feet) and an increased footprint of the boathouse and deck
combined of 90.67 square metres (976.00 square feet) on the lands known as
1735 Ridge Road West, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Sections 5.6 (e) and 5.7 (b), the proposed boathouse
addition shall otherwise comply with all other applicable provisions of the
Zoning By-law;
b) That the proposed boathouse addition 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 boathouse is not used for human habitation;
d) That the applicants register a Restrictive Covenant under the
Conservation Land Act prohibiting habitable space and acknowledging the
structure could be damaged by Lake hazards, to the satisfaction of the
LS RCA;
e) . That the applicants satisfy any permits and/or approvals required from the
Lake Simcoe Region Conservation Authority; and,
f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan if
required, 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 Development Services Committee's
decision under the Secretary -Treasurer's signature.
Development Services February 6, 2019
Report No. DS2019-007 Page 1 of 13
Page 54 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Background:
The subject property has a lot area of 2.48 hectares (6.14 acres) and contains a single
detached dwelling, two detached accessory buildings and a one storey 56.67 square
metre (610 square feet) boathouse. The applicants are proposing to add a second
storey to the existing boathouse with a new rooftop deck and are requesting relief from
the following Sections of Zoning By-law 97-95, as amended:
1. Section 5.6 (e) — Maximum height of a boathouse
Re uired
Proposed
4.5 metres
14.7 feet
8.45 metres
27.72 feet
2. Section 5.7 (b) — Maximum footprint of a deck at water's edoe and boathouse
Required
Proposed
70.0 square metres
753.5 square feet
90.67 square metres
976 square feet
The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to
this report.
Analysis:
Provincial Policies
Provincial Policy Statement PPS
The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial
interest related to land use planning and development. Specifically, Section 1.1.4 —
Rural Areas, Section 2.1 -- Natural Heritage, Section 2.2 — Water and Section 3.1 —
Natural Hazards are applicable to this application. The application represents limited,
resource-based (shoreline) residential development that is consistent with the PPS with
respect to Rural Areas. Planning Staff is of the opinion that this application is consistent
with the Natural Heritage, Water, and Natural Hazards policies of the PPS, subject to
the applicant obtaining a permit from the Lake Simcoe Region Conservation Authority
(LSRCA).
Growth Plan for the Greater Golden Horseshoe (2017)
The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to
manage growth and protect the natural environment. Section 2.2.9 Rural Areas is
applicable to this application. This section has been reviewed and Planning Staff is of
the opinion that the proposed second storey boathouse addition and enlarged deck are
consistent with the Rural Areas policies in the Growth Plan as the lands subject to this
application are already within an established shoreline residential area.
Development Services February 6, 2019
Report No. DS2019-007 Page 2 of 13
Page 55 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Based on the Province's mapping of key natural heritage features, the proposed
development is located within 120 metres of a watercourse, woodland feature and
inland lake, as illustrated on Schedule 5 to this report. It should be noted that the
Township's Official Plan does not identify this portion of the nearby woodland as
significant, yet it is identified as Greenlands in the County's Official Plan. Based on the
aerial imagery and Staff's site visit, the proposed boathouse addition will be located
more than 30 metres from the seasonal watercourse that runs along the west property
line. Section 4.2.4.5 of the Growth Plan permits development outside of settlements
areas, in developed shoreline areas of inland lakes that are designated or zoned, as of
July 1, 2017, for concentrations of shoreline residential development subject to certain
conditions. Planning Staff is satisfied that these conditions would be fulfilled through
LSRCA's permit requirements.
Based on the above, it is Planning Staff's opinion that the proposed variances conform
to the Growth Plan as the subject lands are already within an established shoreline
residential area and further, the applicants are proposing a second storey addition to an
existing boathouse.
Lake Simcoe Protection Plan (LSPP)
The subject lands are regulated by the Lake Simcoe Region Conservation Authority
(LSRCA). The LSRCA reviewed the application in context of the Provincial Policy
Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and
Ontario Regulation 179106 under the Conservation Authorities Act. They expressed
concerns that the proposed application has not demonstrated that it is consistent with
the policies of the PPS, in conformity with the LSPP and also in accordance with
LSRCA's watershed development guidelines. The LSRCA's objective is to direct
development away from natural hazards such as flooding, erosion and ice piling. To
help meet this objective, the LSRCA requires that no new habitable space be permitted
in boathouses. For this reason, the LSRCA has recommended deferral until such time
that the applicant demonstrates consistency and conformity with the applicable
Provincial plans and LSRCA guidelines. Planning Staff have had subsequent
communications with LSRCA Staff, who have indicated that to successfully obtain a
LSRCA permit, the second storey addition must only be used for storage, have a
maximum ceiling height of 5 feet or "an appropriate size" and not be serviced. In
addition, the owners must register a Restrictive Covenant under the Conservation Land
Act prohibiting habitable space and acknowledging the structure could be damaged by
Lake hazards. In Planning Staff's opinion, by adding two conditions that the boathouse
cannot be used for human habitation and that the Owners register a Restrictive
Covenant prohibiting habitable space, satisfies the policies set out in `Section 6.3 —
Boathouses' of the LSRCA Watershed Development Guidelines.
County Official Plan
In Simcoe County's Official Plan the property is designated Rural along Lake Simcoe
and Ridge Road, and designated Greenlands through the middle of the property. The
boathouse is located within the Rural Designation which permits limited residential
development. In Planning Staff's opinion, the proposed development is consistent with
Development Services February 6, 2019
Report No. DS2019-007 Page 3 of 13
Page 56 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
the County's Official Plan as the existing boathouse to be enlarged is accessory to the
existing residential use.
Does the variance conform to the general intent and purpose of the Official Plan's
The subject lands are designated Rural and Shoreline in the Township's Official Plan.
The proposed boathouse addition would be located within the Shoreline Designation.
The intent of the Shoreline Designation is:
• To maintain the existing character of this predominantly residential area;
• To protect the natural features of the shoreline area and the immediate shoreline;
and,
• To ensure that existing development is appropriately serviced with water and
sewer services.
Permitted uses in the Shoreline designation include single detached dwellings and by
extension accessory uses, including boathouses. Section C5.6 of the Official Plan
indicates that the Zoning By-law shall contain provisions that restrict the size and
location of boathouses on a lot. The Official Plan does not contain policies with respect
to the design of boathouses or speak to any concerns regarding the height of
boathouses.
The proposed variances conform to the general intent and purpose of the Official Plan
as the applicant is proposing to add a second storey to the existing boathouse, which is
accessory to a permitted residential use in the Shoreline Designation and is not
anticipated to conflict with the Official Plan's objectives to protect the residential
character and natural features of the shoreline area.
Does the variance conform to the general intent and purpose of the Zoning By-law?
The subject property is zoned Agricultural/Rural (A/RU) and Shoreline Residential (SR)
in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, a
boathouse is permitted pursuant to Section 5.6. The proposed boathouse meets the
locational (setback) provisions of the by-law and the percentage of water frontage
occupied by the structure. The proposed development of the lands requires relief from
the Zoning By-law to permit the construction of a boathouse within the SR Zone with an
increased height from 4.5 metres (14.7 feet) to 8.45 metres (27.72 feet) and increased
footprint of the combined boathouse and shoreline deck from 70 square metres (753.5
square feet) to 90,67 square metres (976.0 square feet).
Boathouses are subject to maximum height restrictions and a maximum combined
footprint of the boathouse and deck to prevent the over -development of the shoreline
frontage which may lead to the frontage being dominated by boathouse structures and
ultimately impacting the character of the shoreline. This is particularly important in
areas of the Township characterized by small lots and narrow shoreline frontages. This
zoning provision also seeks to ensure that boathouses remain secondary and
subordinate, in both their appearance and function, to the main residential use of a
property. The maximum height of a boathouse is measured from the average high
water mark of Lake Simcoe, which is an elevation of 219.15 m G.S.0 Datum, to the
Development Services February 6, 2019
Report No. DS2019-007 Page 4 of 13
Page 57 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
highest point of the roof surface of a boathouse with a flat roof. The existing boathouse
has a height of 6.72 metres (22.05 feet) and the applicants are seeking to add a second
storey, which would bring the overall height to 8.45 metres (27.72 feet). The proposed
second storey will be used for storage of recreational equipment, such as kayaks and
paddleboards. The Zoning By-law prohibits the use of boathouses for human
habitation. The LSRCA has also requested that to successfully obtain a LSRCA Permit,
the owners register a Restrictive Covenant under the Conservation Land Act prohibiting
habitable space.
Upon site visit, Planning Staff noted that the subject property is relatively large (2.48
hectares/6.14 acres) with a wide shoreline frontage (approximately 66 metres/216.54 feet)
and a unique topography that slopes down significantly behind the dwelling towards Lake
Simcoe. Given the topography, the existing boathouse is built into the bank; therefore, the
proposed second storey addition would not appear to be as large as proposed when
viewed from the dwelling. In addition, the boathouse is completely buffered from Ridge
Road due to the depth and wooded nature of the lot. When viewed from the water, this
portion of the shoreline is characterized by large estate style lots with large water
frontages, which provides considerable buffer areas between the homes and boathouses.
The proposed increased height would not be out of character for the area as there are a
number of two storey boathouses along that section of Lake Simcoe. For instance, a 2
storey boathouse was approved three properties to the west, at 1775 Ridge Road West,
with a height of 8.7 metres (MV 2017-A-67) and another 2 storey boathouse was approved
at 1791 Ridge Road West with a height of 7.8 metres (MV 2007-A-02). In addition, there
are a number of other non -complying 2 storey boathouses that have been rebuilt in that
area. Given the size of the lot and the length of the shoreline frontage in relation to the
proposed boathouse, the proposed size will not result in the over -development of the
subject lot or the shoreline.
On this basis, it is Planning Staff's opinion that the proposed boathouse addition would
conform to the general purpose and intent of the Zoning By-law.
Is the variance desirable for the appropriate development of the lot?
Upon site visit, Planning Staff noted that the proposed increase in size will have little to
no impact on the adjacent properties, as it is located along the east property line where
there is a mature vegetative buffer hiding it from sight from the neighbouring dwelling.
Additionally, the majority of the property is heavily treed and therefore the proposed
boathouse addition will not be visible from Ridge Road. As a result, the proposed
boathouse addition is not anticipated to impact the potential views of Lake Simcoe from
adjacent properties.
Due to the unique characteristics of the lot, such as the large lot size, the wide shoreline
frontage in relation to the boathouse, the steep slope down to the lake and the existing
location of the boathouse built into the bank, the proposed boathouse addition will not
result in the overdevelopment of the subject lot or the shoreline and will be consistent
with the nature of shoreline development in this area. The proposed boathouse will not
dominate the shoreline and will remain visually secondary to the dwelling. For these
Development Services February 6, 2019
Report No. DS2019-007 Page 5 of 13
Page 58 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
reasons, Planning Staff is satisfied that the proposed development would be considered
appropriate for the desirable development of the lot.
Is the variance minor?
The question of the minor nature of the variance relates to its scale and impact. In
Planning Staff's opinion, the requested Minor Variance for an increase in height and
increased total footprint of the deck and boathouse combined is minor in nature as: 1)
the boathouse will remain secondary and subordinate to the main residential use of the
property; 2) it will not result in the overdevelopment of the lot or the shoreline; 3) it is not
anticipated to have an adverse impact on the use and enjoyment of the neighbouring
properties; and 4) it is consistent with other development along this section of Lake
Simcoe.
As the proposed variances are considered to conform to the general intent of the Official
Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable
development of the lot, and are not anticipated to have an adverse effect on the
character of the surrounding area, the variances are considered to be minor.
Financial 1 Legal Implications / Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend
the Committee's decision.
Policies/Legislation:
• Planning Act, R.S.Q. 1990, c. P.13
• Provincial Policy Statement, 2014
• Growth Plan for the Greater Golden Horseshoe, 2017
• 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:
In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
Development Services February 6, 2019
Report No. DS2019-007 Page 6 of 13
Page 59 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Staff are of the opinion that the proposed development will not negatively impact the
Township's natural features and attributes.
Consultations:
A notice sign was posted on the property and notice of the application was circulated to
agencies, Township Departments and to assessed property owners within a 60 -metre
(200 feet) radius of the lands. As of the preparation of this report, the following
comments have been received:
• Township Development Engineering — No objection. If the 2"d floor addition does not
require grading or drainage alteration — an Engineered Lot Grading plan shall not be
required. If the 2nd floor addition does require grading or drainage alteration — an
Engineered Lot Grading plan shall be required.
• Township Building Services — No comments
• Township Infrastructure and Capital Projects — No objections
• Lake Simcoe Region Conservation Authority — The LSRCA expressed concerns that
the proposed application has not demonstrated that it is consistent with the policies
of the PPS, in conformity with the LSPP and also in accordance with LSRCA's
watershed development guidelines. In order to successfully obtain a LSRCA permit,
the second storey addition must only be used for storage and not be serviced. In
addition, LSRCA staff would prefer that the second storey ceiling be a maximum of
five feet tall to prevent any habitable space. The owners must also register a
Restrictive Covenant under the Conservation Land Act prohibiting habitable space
and acknowledging the structure could be damaged by Lake hazards.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicant's Site Plan
Schedule 4: Elevation Drawings
Schedule 5: Ministry of Natural Resources & Forestry - Natural Heritage System
Mapping
Conclusion:
Planning Staff recommends that Minor Variance Application 2018-A-53 be approved,
specifically, to permit a boathouse with an increased height of 8.45 metres (27.72 feet),
and increased total footprint of the deck and boathouse combined of 90.67 square
metres (976.00 square feet) on the basis that the application meets the four tests of the
Planning Act.
Development Services February 6, 2019
Report No. DS2019-007 Page 7 of 13
Page 60 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Respectfully submitted:
Catherine McLean
Planner
SMT Approval 1 Comments:
Development Services
Report No. DS2019-007
Reviewed by:
Derek Witlib, RPP
Manager, Planning Services
February 6, 2019
Page 8 of 13
Page 61 of 300
6.1b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Schedule 1: Location Map
1$0
3 h' 1051 5
4Atl
1547
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1244
1622 1812 1802 1709 1243 !Qty
1832 1735
1899 112381256 8 1241 2
1775 1753 1250
I288
1755
1791
1811
1847
1899
1901
1911
Schedule 1
Location ^`+�
'1' .0111) of
® Subject Lands
(�iec�Qtati�
Proud HeritgQe, Exciting Fiehere
0 i00 200 fn
File Number. 209&k-53 N I
Development Services February 6, 2019
Report No. DS2019-007 Page 9 of 13
Page 62 of 300
6.b) 5.40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Schedule 2: Aerial Photo
Schedule 2
Aerial Photo
C3Subject Lands
Fite Number: 2018-A-53
Development Services
Report No. DS2019-007
i+isn�uf /GGV
Proud Heri[gge, Edliug Fware
Q 0 100 m
N I t t i �_.I 1
February 6, 2019
Pagel 0 of 13
Page 63 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re- Minor ...
Schedule 3: Site Plan
U
Schedule 3 `
Applicant's Site Plan--,.
r,ll
(%�J�/�,ec�cai2tcF
File Number 2018-A-53 Proud Heritage, Extitinx Future
Development Services
Report No. DS2019-007
February 6, 2019
Pagel 1 of 13
Page 64 of 300
6.b) 5.40 p.m. Report No. DS2019-7, Catherine McLean, Planner re- Minor ...
Schedule 4: Elevation Drawings
RK.
Schedule 4
Applicant's Elevation Drawings :
�1 r ��Y,�r���i�['LCUf2•fPl
File Number 2018-A-53 PrmrJ dlrrimee, Tnlnrre
Development Services February 6, 2019
Report No. DS2019-007 Page 12 of 13
Page 65 of 300
6.b) 5.40 p.m. Report No. DS2019-7, Catherine McLean, Planner re- Minor ...
Schedule 5: Ministry of Natural Resources & Forestry - Natural Heritage System
Mapping
Schedule 5
Ministry of Natural Resources & Forestry
Natural Heritage System
C : Subject Lands' , 'l�uarslaip of
Natural Heritage System " rY��e�Q/��L
Proud Herieggv, Lxriiirig l-aaratre
Woodland
o loo 200 m
Fite Number: 2018-A-53 N I I r r! 1 1 1 r 1 1
Development Services February 6, 2019
Report No. DS2019-007 Page 13 of 13
Page 66 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Wednesday, January 16, 2019 4:39 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-A-53) O'Neill
Building Department has no comments at this time.
Garry McCartney
Chief Building Official
Page 67 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Wednesday, January 16, 2019 4:05 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-A-53) O'Neill
Teresa
Operations has no objections nor further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 68 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 11:17 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>;
Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; McLean, Catherine <cmclean@oro-
medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-A-53) O'Neill
Teresa
Development Engineering has No Objection to the above noted Application.
It should be noted that:
• If the 2nd floor addition does not require grading or drainage alteration — an
Engineered Lot Grading plan shall not be required.
• If the 2nd floor addition does require grading or drainage alteration — an
Engineered Lot Grading plan shall be required.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 69 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Planner re: Minor ...
Lake Simcoe Region
C)
conservation authority
Sent by E-mail: akaraiskakis@oro-medonte.ca
January 23, 2019
Andy Karaiskakis
Secretary -Treasurer
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2EO
Dear Mrs. Karaiskakis:
Re: Minor Variance Application
1735 Ridge Road West
Township of Oro-Medonte
www. LSRCA.on.ca
File No: 2018-A-53
IMS File No.:VA-125420-011619
Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Minor
Variance application. We understand that the purpose and effect of this application is to permit the construction
of a second storey addition to the existing boathouse.
Current environmental mapping shows that the subject property is within an area governed by Ontario Regulation
179/06 under the Conservation Authorities Act. This is representative of the associated shoreline flood and erosion
hazard area. Accordingly, any site alteration or development within an area governed by Ontario Regulation
179/06 will be required to be designed in accordance with the LSRCA Watershed Development Guidelines and a
permit from the LSRCA will be required prior to any site alteration or development.
The LSRCA has reviewed this application in context of the Provincial Policy Statement (PPS), the Growth Plan
(2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities
Act.
Based on our review of the submitted materials, it has not been demonstrated that the proposed application is
consistent with the policies of the PPS and in conformity with the LSPP and also in accordance with LSRCA
watershed development guidelines. It is our mutual objective to direct development away from natural hazards
such as flooding, erosion and ice piling. To help meet this objective, we require that no new habitable space be
permitted in boathouses.
For this reason, LSRCA is recommending deferral of this minor variance application until such time that the
applicant demonstrates consistency and conformity with the applicable provincial plans and LSRCA guidelines.
120 Bayview Parkway T 905.895.1281
Newmarket, Ontario L3Y 3W3 F 905.853.5881
Member of Conservation Ontario Page 70 0IF306.809.465.0437
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLean, Plumei8mcoi ftlaor ...
conservation authority
Page 2 of 3
If you have any questions regarding any of these comments, please do not hesitate to contact me. Please
reference the above file numbers in future correspondence.
Sincerely,
1 75-
Aloxil
Shawn Filson
Development Planner
Page 71 of 300
6.b) 5:40 p.m. Report No. DS2019-7, Catherine McLeaF,r4d1ai1rfe"ioK4p'gwQd.
From: Shawn Filson <S.Filson@lsrca.on.ca>
Sent: Tuesday, January 29, 2019 11:47 AM
To: McLean, Catherine <cmclean@oro-medonte.ca>
Subject: RE: Minor Variance Application 1735 Ridge Road West
Hi Catherine. Sorry for the late response, . Adding a condition to the MV that the
applicant enter into a Restrictive Covenant will be good because we will require that for a permit. We
would prefer that the second storey be 5 feet tall to prevent any habitable space however I can revise
my comments to read "appropriate size". It will be the discretion of the COA what they consider to
constitute habitable space. Does this work?
Shawn
Page 72 of 300
6.b) 5:40 p.m. Report No. DS2r��r�®f�ni�®�ll��r��Pr�rilcesr@br�aflYrlice..
6b) Additional correspondence received
From: Vince MacNeil <vince@delticwash.com>
Sent: Tuesday, February 5, 2019 7:22 PM
To: Planning <Planning@oro-medonte.ca>; ferial@delticwash.com
Subject: Secretary- Treasurer Re; app 2018-A-53 hearing matter Feb6/19
Dear Secretary -Treasurer,
Application 2018-A-53(Hearin2 scheduled for Feb 6/19 at 5:40pm).
This is an application submitted by Jason and Jennifer O'Neill in regards to the re -construction of
a boathouse structure at their property located at 1735 Ridge Rd. West, Oro-Medonte, Ontario.
I received a notification informing me of their application, giving me an option to reply to their
application for a variance ruling on the height of the structure. I am the neighbour located
directly to the east of the ONeill's property and share the waterfront property line with them. I
oppose their application to increase the height of the structure and request that you reject their
application to increase the height of the proposed new structure or any modification of the
existing structure that would affect the existing height.
Thank you,
Vince MacNeil
1709 Ridge Rd. W., Oro-Medonte, Ontario
LOL2L0
Page 73 of 300
Minor Variance 2018-A-53 (O'Neill)
Address:
1735 Ridge Road West
Zonin
Shoreline Residential (SR) and
Agricultural/Rural (A/RU)
Official Plan:
Shoreline and Rural
Existing Development:
Single detached dwelling, two
detached accessory buildings and
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Propose: The applicants are proposing to add a second storey to the existing
boathouse with a new rooftop deck and have requested the following relief
from Sections 5.6 (e) and 5.7 (b) of the Zoning By -law -
1. Section 5.6 (e) — Maximum heiciht of a boathouse
Required
Proposed
4.5 metres
(14.7 feet
8.45 metres
27.72 feet
2. Section 5.7 V Maximum footprint of a deck at water's edge and boathouse
Required
Proposed
70.0 square metres
753.5 square feet
90.67 square metre
976 square feet
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Recommendation: Approval
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1) That Report No. DS2019-007 be received and adopted.
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2) That Minor Variance Application 2018-A-53 by Jason & Jennifer O'Neill specifically to permi
the construction of a boathouse with an increased height of 8.45 metres 27.72 feet and an.
increased footprint of the boathouse and deck combined of 90.67 square metres 976.00 �
square feet on the lands known as 1735 Ridge Road West, be approved. `D
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That the following conditions be imposed on the Committee's decision:
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a) That notwithstanding Sections 5.6 (e) and 5.7 (b) the proposed boathouse addition shall otherwise o
comply with all other applicable provisions of the Zoning By-law; o
b) That the proposed boathouse addition be substantially and proportionally in conformity with the N
dimensions as set out on the application and sketches submitted and approved by the Committee; o
c) That the boathouse is not used for human habitation;
d) That the applicants register a Restrictive Covenant under the Conservation Land Act prohibiting
habitable space and acknowledging the structure could be damaged by Lake hazards, to the
satisfaction of the LSRCA;
e) That the applicants satisfy any permits and/or approvals required from the Lake Simcoe Region m
Conservation Authority; and,
f) That the ap ropriate Zoning Certificate, Engineered Lot Grading Plan if required, and Building Permit
be obtainedpfrom the Township only after the Committee's decision becomes final and binding, as 0
provided for within the Planning Act R.S.O. 1990, c.P. 13. m
w4) And that the applicant be advised of the Development Services Committee
the Secretary -Treasurer's signature.
co
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s decision under
Township of
PrauA Heringge, Exciting Future CD
CD
6.c) 5:50 p.m. Report No. X
wnshap oy aiskakis, Senior Planner re...
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-011
Development Services
Andy Karaiskakis,
Committee
Senior Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Consent Application
2018-B-34 by Green Valley
Farms Inc.
Roll #:
R.M.S. File #:
4346-010-001-06500
1929 Penetanguishene Road
D10-56151
Recommendation(s): Requires Action For Information Only 11
It is recommended:
1. That Report DS2019-011 be received and adopted;
2. That Consent Application 2018-B-34, pertaining to lands municipally known as
1929 Penetanguishene Road, to permit a technical severance, to re-create two
original parcels which inadvertently merged on title being 1995 Penetanguishene
Road having a lot frontage of approximately 232.0 metres (761.1 feet), a lot area
of approximately 42.6 hectares (105.2 acres) and 1929 Penetanguishene Road
having a lot frontage of approximately 206.0 metres (675.8 feet), a lot area of
21.8 hectares (53.8 acres), be denied on the basis that the proposed
development does not conform to the policies of the County of Simcoe Official
Plan with regards to the minimum agricultural lot size requirements.
3. And that the applicant be advised of the Committee's decision under the
Secretary -Treasurer's signature.
Background:
Consent Application 2018-13-34 proposes a technical severance to re-create two original
parcels which inadvertently merged on title due to common ownership. The applicant
has provided the title information/parcel registrar for the two parcels proposed to be re-
created showing their separate deed information.
A Location Map and Aerial Map are included as Schedules 1 and 2 to this report and
sketches of the proposed technical severance boundary adjustments are included as
Schedules 3 and 4.
The two properties to be re-created are as follows.
Development Services Committee
Report No. DS2019-011
February 6, 2019
Page 1 of 8
Page 85 of 300
Parcel #1 6_EJ�epeq pantds VffPenetaDngu Bene Roa bias arlo� tkonfa�e SoPlanner re...
approximately 232.0 metres (761.1 feet) on Penetanguishene Road, a lot area of
approximately 42.6 hectares (105.2 acres) and contains an existing dwelling and
several agricultural buildings.
Parcel #2 — Retained Lands (1920 Penetanguishene Road) has a lot frontage of
approximately 206.0 metres (675.8 feet) on Penetanguishene Road, a lot area of 21.8
hectares (53.8 acres) and contains an existing dwelling and several agricultural
buildings.
Analysis:
Provincial Policies
Provincial Policy Statement (PPS)
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. In prime agricultural areas, the PPS states that new lots may
only be permitted under strict criterion. Section 2.3.4 of the PPS contains policies for lot
creation and lot adjustments and states that lot creation in prime agricultural areas is
discouraged and may only be permitted for agricultural uses, agricultural -related uses, a
residence surplus to a farming operation as a result of farm consolidation and for
infrastructure. The PPS permits "lot adjustments" in prime agricultural areas for legal or
technical reasons as found in policy 2.3.4.2, wherein it states "lot adjustments in prime
agricultural areas may be permitted for legal or technical reasons." Legal or technical
reasons is defined in the PPS as "severances for purposes such as easements,
corrections of deeds, quit claims, and minor boundary adjustments, which do not result
in the creation of a new lot." This definition does not provide for the re-creation of a lot.
For reasons detailed later in this report, Planning Staff is of the opinion that this
application is not eligible to be considered as a technical severance and must be
reviewed instead as the creation of a new agricultural lot in a prime agricultural area.
As mentioned previously, the PPS may permit lot creation in prime agricultural areas for
agricultural uses provided that the lots are of a size appropriate for the type of
agricultural use(s) common in the area and are sufficiently large to maintain flexibility for
future changes in the type or size of agricultural operations.
Based on site inspection of the property, the types of uses occurring on the lands (both
the severed and retained lands) are agricultural uses and that this could represent lot
creation for agricultural uses. Additionally, as identified through aerial images, the
proposed 42.6 hectares (105.2 acres) and 21.8 hectares (53.8 acres) lot sizes are
similar to the surrounding agricultural lots. On this basis, Planning Staff is of the opinion
that lot creation for agricultural uses is consistent with the PPS.
Development Services Committee February 6, 2019
Report No. DS2019-011 Page 2 of 8
Page 86 of 300
Places to %_ W ___) ti�U� 0 fr f�fK f IQh 3929r &Idenc ses�iioekM17lSenior Planner re...
The Growth Plan for the Greater Golden Horseshoe 2017 ("Growth Plan") contains
policies and targets to foster development of compact communities and promote growth
and economic development. The Growth Plan directs most forms of development to
settlement areas in order to protect and manage, as part of planning for future growth,
the natural heritage features and areas, irreplaceable cultural heritage sites, and
valuable renewable and non-renewable resource (including rural areas) that are
essential for the long-term economic prosperity, quality of life, and environmental health
of a region.
Section 2.2.2 of the Growth Plan contains policies for "Managing Growth", 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 Growth Plan does not contain
specific policies that relate to technical severance. The Growth Plan policies are
consistent with the policies of the PPS. As the Growth Plan is silent in regards to
technical severances in all land uses, it is Planning Staffs position that technical
severances are not recognized and therefore not permitted by the Growth Plan.
Section 4.2.2 Natural Heritage Systems has also been reviewed by Planning staff with
respect to the proposed Consent application. The Province has mapped a Natural
Heritage System for the Greater Golden Horseshoe to support a comprehensive,
integrated and long-term approach to planning for the protection of the region's natural
heritage and biodiversity which was released on February 9, 2018.
Based on the Province of Ontario's natural heritage system mapping, the subject lands
contain a woodland feature as illustrated on Schedule 5 to this report. The woodland
feature is related to a row of trees located in the middle of the property and a large
grouping of trees located at the rear of the property.
The proposed retained lot is located within 120 metres of the woodland feature and as
such, Section 4.2.4 Lands Adjacent to Key Hydrological Features and Key Natural
Heritage Features also applies to this application. Specifically, Section 4.2.4.1 states:
"Outside settlement areas, a proposal for new development or site alteration
within 120 metres of a key natural heritage feature within the Natural Heritage
System or a key hydrologic feature will require a natural heritage evaluation or
hydrologic evaluation that identifies a vegetation protection zone, which:
a) is of sufficient width to protect the key natural heritage feature or key
hydrologic feature and its functions from the impacts of the proposed change;
b) is established to achieve and be maintained as natural self-sustaining
vegetation; and
c) for key hydrologic features, fish habitat, and significant woodlands, is no less
than 30 metres measured from the outside boundary of the key natural
heritage feature or key hydrologic feature." (p. 44 of the Growth Plan for the
Greater Golden Horseshoe, 2017).
It should be noted that the Township's Official Plan does not identify any natural
heritage features on the subject lands. The row of trees located in the middle of the
property is deemed by Planning Staff to not be a "significant woodland" within the
Development Services Committee February 6, 2019
Report No. DS2019-011 Page 3 of a
Page 87 of 300
meaning o ff�oiArah'i2te0laDds0ai9ontnt�deYtree rowksidehtied i°rthelanner re
County of Simcoe Official Plan as being within the Agricultural designation. However,
the grouping of trees located at the rear of the property to be severed is designated
Greenlands in the County Official Plan and as such, would be considered to be a
"significant woodland".
Based on the aerial imagery and Staff's site visit, the existing dwelling and agricultural
buildings on the retained lands are located more than 600 metres from the significant
woodland feature. In Planning Staff's opinion, a natural heritage evaluation is not
required as the agricultural lands serve as a buffer separating the existing structures
from the woodland features and no adverse impact is foreseen on the natural feature.
Planning Staff is of the opinion that to require the applicant to complete a natural
heritage evaluation would in this case not benefit any Provincial policy interests nor
would it add any information to assist in the consideration of this application.
Section 4.2.6 Agricultural System of the Growth Plan has also been reviewed by
Planning Staff with respect to the proposed Consent application. The Agricultural
System policies of the Growth Plan protect prime agricultural areas for long-term use for
agriculture and minimize and mitigate adverse impacts on the Agricultural System. The
Province has mapped an Agricultural System for the Greater Golden Horseshoe which
is comprised of prime agricultural areas, including specialty crop areas, and rural lands
where farming and related uses are ongoing.
Based on the Province of Ontario's agricultural system mapping, the subject lands are
in a Prime Agricultural Area, as illustrated on Schedule 6 to this report. Section 4.2.6
Agricultural System of the Growth Plan is applicable to this application. The policies
require that these areas should be protected for long-term use for agriculture. Section
4.2.6.5 states that the retention of existing lots of record for agricultural uses is
encouraged, and the use of these lots for non-agricultural uses is discouraged. Based
on the preceding, it is Planning Staff's opinion that a severance of an agricultural lot,
which previously existed prior to the lots merging on title, is a form of development that
should not be directed to a settlement area, and is more appropriate in the prime
agricultural area. In this regard, it is Planning Staff's opinion that the proposed
severance of the lands for agricultural uses would conform to the policies of the Growth
Plan.
County of Simcoe Official Plan
The subject lands are designated "Agricultural" in accordance with the County of
Simcoe Official Plan (refer to Schedule 7). The County's policies for consent for legal or
technical reasons are similar to those of the PPS. Therefore, Planning Staff is of the
opinion that the technical severance application as submitted by the applicant does not
conform to the County Official Plan.
Section 3.6.7 of the Agricultural policies states "in the Agricultural designation lot
creation is discouraged and may only be permitted for:
a) Agricultural uses, provided new lots for agricultural uses should not be less than
40 hectares or the original survey lot size, whichever is lesser, or 16 hectares in
specialty crop areas;
Development Services Committee February 6, 2019
Report No. DS2019-011 Page 4 of 8
Page 88 of 300
b) Agr �l d e I us S� Q Jp�otii�dec� ti tp �y +i�f�+iillibbTimi�edrto laanner re...
minimum size needed to accommodate the use and appropriate sewage and
water services. Residential uses shall be prohibited on such lots, and they shall
be zoned accordingly;
c) a residence surplus to a farming operation as a result of farm consolidation,
provided that:
i. the new lot will be limited to a minimum size needed to accommodate the
residential use and appropriate sewage and water services, and should be
an approximate size of 1 hectare; and,
ii. new residential dwellings are prohibited on any remnant parcel of farmland
created by the severance. To ensure that no new residential dwellings are
permitted on the remnant parcel, municipalities may use approaches such
as zoning to prohibit the development of a dwelling unit(s), and/or the
municipality may enter into agreements imposed as a condition to the
approval of lot creation and the agreements may be registered against the
land to which it applies; or,
d) infrastructure, where the facility or corridor cannot be accommodated through the
use of easements or rights-of-way."
The County has been circulated the subject application to ensure conformity with
County OP policies. At the time of writing of this report, comments have yet to be
received by Township staff. Committee members should have regard to any County
comments that the Township may receive with respect to the applicant's proposal.
It should be noted that in 1989, the applicant obtained approval from the former
Township of Oro Committee of Adjustment to sever off 40.5 hectares (100 acres) (now
municipally known as 1956 Line 1 North) and retain the 64.4 hectares (159 acres) that
are the subject of this application.
It is important to note that original lot size means Crown lands that were originally
surveyed before being allocated to settlers, or can also be described as the whole of an
original Township lot. In reviewing the deed information provided by the applicant, and
the parcel fabric for the area, several conveyances/severances have occurred on the
subject lands which would deem these lands to not be the original survey lot size.
Planning Staff have reviewed the County OP and are of the opinion that the Consent
application does not conform to the policies of the County Official Plan on the basis that
the retained parcel would not meet the minimum agricultural parcel size of 40 hectares
and is also not the original survey lot size.
Township of Oro-Medonte Official Plan
The subject lands are designated "Agricultural` and "Oro Moraine Natural Core/Corridor
Area" in accordance with the Township of Oro-Medonte Official Plan (refer to Schedule
8).
Guidance with respect to technical severances is found in Section D2.2.3 of the Oro-
Medonte Official Plan. Section D2.2.3 states that "the creation of new lots to correct a
situation where two or more lots have merged on title may be permitted, provided the
Committee is satisfied that the new lot:
Development Services Committee February 6, 2019
Report No. DS2019-011 Page 5 of 8
Page 89 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
a) was once a separate conveyable lot in accordance with the Planning
Act;
b) the merging of the lots was unintentional and was not merged as
a requirement of a previous planning approval;
C) is of the same shape and size as the lot which once existed as
a separate conveyable lot;
d) can be adequately serviced by on-site sewage and water systems;
e) fronts on and will be directly accessed by a public road that is
maintained year-round by a public authority;
f) there is no public interest served by maintaining the property as a
single conveyable parcel;
g) conforms with Section D2.2.1 of this Plan; and,
h) subject to the access policies of the relevant road authority."
Planning staff have reviewed the criteria and confirm that the parcel registrar
information provided by the applicant confirms the properties were separately
conveyable under the Planning Act; the parcels were not merged as a result of a
Planning Act application considered by the Township. Parcels #1 and #2 are of the
same size and shape as they once existed as separate parcels; have frontage on
Penetanguishene Road which is a County year-round maintained road. Both parcels
contain individual sewage and water servicing.
Staff are of the opinion that the policies have been satisfied and on this basis, the
application for technical severance is considered to generally conform to the Townships
Official Plan. However, it should be noted that the above noted policies contained in the
Township's Official Plan which allows for the separation of two or more lots which
unintentionally merged does not conform with the policies found in the PPS. Simply put,
the Township's Official Pian is not in conformity with Provincial plans and policies or
with the County of Simcoe Official Plan. As Committee is aware, the Township's Official
Plan is currently being reviewed to ensure that it conforms to, and does not conflict with,
Provincial plans and County of Simcoe policies. The Planning Act requires that local
official plans and zoning by-law be brought into conformity with the County Official Plan..
Since the Township's current Official Plan was adopted (and amended), there have
been significant changes to Provincial plans and upper -tier municipal policies — for
instance, the Provincial Policy Statement 2014 came into effect, the Province released
four new provincial plans in May 2017, and the County of Simcoe adopted its most
recent Official Plan in December 2016. The County of Simcoe Official Plan is a broad
policy document which is implemented through local municipal official plans, zoning by-
laws and subdivision approvals. Notwithstanding the fact that the Township's Official
Plan is outdated and is currently being reviewed, local municipal decisions affecting
Development Services Committee February 6, 2019
Report No. DS2019-011 Page 6 of 8
Page 90 of 300
planning r�a�t�r i , H1H si t Sc�l y�s�� s r��ti�Lorti`�1 i�y f olanner re...
Provincial and County plans and policies.
The scope of the Township's Official Plan review will consist of a conformity exercise to
bring the current Official Plan into conformity with the approved County of Simcoe
Official Plan, the Provincial Policy Statement (2.014), the Province's Growth Plan for the
Greater Golden Horseshoe (2017), the Lake Simcoe Protection Plan and the South
Georgian Bay Lake Simcoe Region Source Water Protection Plan.
Township's Zoning B -law 97-95 as amended
The subject lands are zoned "Agricultural/Rural (A/RU)" in the Township's Zoning By-
law 97-95, as amended (refer to Schedule 9). Table B4 -B of the Township's Zoning By-
law requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU)
Zone. Table B4A also requires a minimum of 2.0 hectares for agricultural uses. The
applicant is proposing lot sizes of 42.6 hectare (105.2 acres) and 21.8 hectares (53.8
acres). The severed and retained parcels would have frontages and lot areas that meet
the requirements of the Zoning By-law and are well suited for their respective
agricultural uses.
Financial f Legal Implications / Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) 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, 2017
• 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:
Planning Staff is of the opinion that these applications are consistent with the following
Strategic Goal of the Township:
Balanced Growth:
Ensure land use planning policies manage change and promote economic activity
that does not negatively impact the Township's natural heritage features and
attributes.
Development Services Committee February 6, 2019
Report No. DS2019-011 Page 7 of 8
Page 91 of 300
Cons
Notice of this application was circulated to the public and to applicable review agencies
and Township departments. Public notice signs were also posted on the subject lands.
As of the preparation of this report, the following comments have been received:
Department/Agency Comments:
• Building Division — no comments at this time.
• Development Engineering — no objections.
• Operations Division — no objections.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Map
Schedule 3: Applicant's Technical Severance Sketch Aerial
Schedule 4: Applicant's Technical Severance Sketch Showing Structures
Schedule 5: Ministry of Natural Resources and Forestry - Natural Heritage System
Schedule 6: Ministry of Agriculture, Food and Rural Affairs - Agricultural System
Schedule 7: County of Simcoe Official Plan — Land Use
Schedule 8: Township Official Plan - Land Use
Schedule 9: Existing Zoning
Conclusion:
Based on analysis provided above in this report, it is Staff's opinion that Consent
Application 2018-B-34 should be denied for the reason that the application does not
conform to the policies of the County of Simcoe Official Plan with regards to minimum
agricultural lot size requirements.
Respectfully submitted:
Andy Karaiskakis, RPP
Senior Planner
SMT Approval / Comments:
Development Services Committee
Report No. DS2019-011
Reviewed by:
A41:-Ao�
Derek Witlib, RPP
Manager, Planning Services
February 6, 2019
Page 8 of 8
Page 92 of 300
ner re...
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
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File Number: 2418-B-34
N I i I i 1
Page 93 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
Schedule 2
Aerial Photo
Subject Lands
File Number: 2048-B34
(W "Towns{iipnf ,ff['/
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0 300 M
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Page 94 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
Schedule 3
Applicant's Technical Severance Sketch �--
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Page 95 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
Schedule 4
Applicant's Technical Severance Sketch4111
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Showing Structures (f0e1'11f��y�
File Number 2018-B-34
Proud Herrtape, ExritiriR Future
Page 96 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
Schedule 5
Ministry of Natural Resources & Forestry
- Natural Heritage System
C Subject Lands
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File Number: 2018-B-34
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Page 97 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
Schedule 6
Ministry of Agriculture,
-Agricultural System
C :Subject Lands
Prime Agricultural Area
File Number: 2018-B-34
Food and Rural Affairs
0 Iownship of
Proud Heritage, Exciting Future
0 400 M
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Page 98 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
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Fite Number: 2018-8-34
Page 99 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
Schedule 8
Official Plan Schedule A - Land Use
C"Subject Lands .�
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File Number: 2018-13-34 N I i i i I
Page 100 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
RUR2
Schedule 9
Existing Zoning
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File Number: 2018-B-34
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Page 101 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 9:46 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-13-34) Green Valley Farms Inc.
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 102 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Thursday, January 17, 2019 10:33 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-13-34) Green Valley Farms Inc.
Teresa
Operations has no objections or further comment on this application.
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 103 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Thursday, January 17, 2019 12:19 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-13-34) Green Valley Farms Inc.
Building Department has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 104 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
COUNTY OF
SIMCOE
IM
January 29, 2019
County of Simcoe
Planning Department
1110 Highway 26,
Midhurst, Ontario L9X 1 N6
Andy Karaiskakis
Secretary -Treasurer
Township of Oro-Medonte
148 Line 7 South,
Oro-Medonte, ON
LOL 2EO
Main Line (705) 726-9300
Toll Free (866) 893-9300
Fax (705) 727-4276
simcoe.ca
PLANNING 1 '�
** VIA EMAIL**
Subject: County Comments regarding Consent Application 2018-B-34
County Files: OM -B-1901
Location: 1929 Penetanguishene Road
Owner/Applicant: Green Valley Farms Inc.
Mr. Karaiskakis,
Thank you for circulating the County regarding the above -noted application. County Planning
staff understand that the applicant is proposing to create two agricultural lots which may have
inadvertently merged on title. Parcel # 1 would have a lot area of 42.6 hectares and contain an
existing dwelling and agricultural buildings. Parcel #2 would have a lot area of 21.8 hectares and
contain an existing dwelling and agricultural buildings. Upon review of the application County
Planning staff would like to offer the following comments.
Planning Comments
The subject lands are designated Agricultural and Greenlands, per Schedule 5.1 — Land Use
Designations to the Simcoe County Official Plan (SCOP). The province has also identified an
agricultural system for the Greater Golden Horseshoe. The subject lands are located within the
prime agricultural area of the Agricultural Land Base mapping. County staff note that the subject
lands are designated Agricultural and Oro Moraine Core/ Corridor Area and zoned
Agricultural/Rural in Zoning By-law 97-95. SCOP policy 3.4.1 states where the policies of the
local municipal official plans are considered more restrictive than the policies of the SCOP plan,
the more restrictive policies shall apply provided they are consistent with the PPS and conform to
Provincial Plans.
The intention of prime agricultural areas is to protect land for long-term agricultural use. Section
2.3.4.1 of the Provincial Policy Statement (PPS 2014) states that lot creation in prime agricultural
areas is discouraged and may only be permitted for agricultural uses, agricultural -related uses, a
residence surplus to a farming operation as a result of farm consolidation, and infrastructure.
Section 2.3.4.2 states that lot adjustments in prime agricultural areas may be permitted for legal
or technical reasons. Legal or technical reasons means severances for purposes such as
easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not
result in the creation of a new lot.
The Simcoe County Official Plan (SCOP) permits consents for the purpose of legal or technical
reasons in Section 3.3.5. The definition of legal or technical reasons in the County Official Plan
is consistent with the PPS definition. Committee's decision is required to be consistent with the
Page 1 of 2
Page 105 of 300
6.c) 5:50 p.m. Report No. DS2019-11, Andy Karaiskakis, Senior Planner re...
COUNTY OF
SIMCOE
County of Simcoe
Planning Department
1110 Highway 26,
Midhurst, Ontario L9X 1 N6
Main Line (705) 726-9300
Toll Free (866) 893-9300
Fax (705) 727-4276
simcoe.ca
PLANNING 1 '�
PPS and the Committee should ensure that the application meets the criteria for legal or technical
severances.
Section 3.6.7 explains that lot creation is discouraged in the Agricultural designation and may only
be permitted for agricultural uses, agricultural -related uses, a residence surplus to a farming
operation as a result of farm consolidation, and infrastructure. Lots for agricultural uses should
not be less than 40 hectares or the original survey lot size and the proposal does not meet this
requirement.
It is County staff's opinion that the proposed application for the creation of lots that have
inadvertently merged on title does not qualify as legal or technical reasons and would result in the
creation of one new, undersized agricultural lot.
The proposed consent to create an undersized parcel in the Agricultural designation is not
consistent with the Provincial Policy Statement and does not conform with the County Official
Plan. Based on the above, County Planning staff cannot support the application.
Transportation and Engineering Comments
The Transportation & Engineering Department has reviewed the Application and provides the
following comments as a condition of approval:
As per the Simcoe County Official Plan (Table 5.4), the required basic right-of-way width
for County Road 93 is 36.0 metres. The existing right-of-way width is approximately 15.0
metres. Therefore a road widening to ensure a right-of-way of 18.0 metres from the
centreline of County Road 93 will be required from the severed portion of the lands.
2. An Entrance Permit will be required for 1995 Penetanguishene Road. There is an
Entrance Permit on file at the County for 1929 Penetanguishene Road, therefore one will
not be required.
Summary
County staff trust these comments will assist in ensuring Committee's decision is consistent with
provincial policy and conforms to other applicable plans.
Please circulate the County with the Notice of Decision on this application.
If you have any questions, please do not hesitate to contact me.
Sincerely,
The Corporation of the County of Simcoe
Anna Dankewich
Planner II
P: 705-726-9300 x1970
E: anna.dankewich cni simcoe.ca
cc: Dan Amadio, Manager of Planning — County of Simcoe
Stefanie Thorne, Engineering Technician II — County of Simcoe
Page 2 of 2
Page 106 of 300
6.c) 5:50 p.m. RepcFrtNuarpS2f 9-DyAoidyrdK'aftrsyk i.,oswhiimPlanner re...
6c) Additional correspondence received
From: Neal Cohen <neco@roRers.com>
Sent: Wednesday, February 6, 2019 11:59 AM
To: Leigh, Andria <aleigh(cDoro-medonte.ca>
Cc: Keane, Cathy <cathy.keane@oro-medonte.ca>; 'Murray Greaves' <murrayagreaves(@gmail.com>
Subject: Re: Deferral for tomorrow
Hello Andrea,
Thank you for your call this morning. I am writing to confirm our discussion and Green
Valley Farm's request to defer tonight's Committee hearing of their current Consent
application, in order to revise same.
Revisions will be:
1) join #1929/95 with #1857 Penetanguishene Rd.
2) sever that combined lot in to 2 approx. 40Ha lots
Thanking you kindly,
Neal Cohen, CPA, CA
Page 107 of 300
6.c) 5:50 p.m. Report No. DS20'j:Q�bl1ua6red, 2Nar®W&6E,e-8Wviga nr Qtee
6c) Additional correspondence received
From: Sherrilyn Bylow <sherrilynbylow@yahoo.ca>
Sent: Wednesday, February 6, 2019 10:44 AM
To: Planning <Planning@oro-medonte.ca>
Subject: Regarding application 2018-13-34
To whom this concerns: Re Andy Karaiskakis, local planning appeal tribunal
We are writing in concerns to proposed technical severance of parcel #1 which is 1995
Penetanguishene Road and parcel #2 which is 1929 Penetanguishene Road. We would
appreciate more information regarding the plans and or purposes surrounding this
application. We have put a call to speak to Andy Karaiskakis the secretary treasurer as
our notice of public hearing advises those who have concern. We have notified
neighbours who did not receive this letter of notice as well.
We live directly across the road from 1929 as we are 1940 Penetanguishene Road.
We moved into this neighbourhood to enjoy the farm lands and peacefulness. We have
children and seniors who dwell with us. We do not want to see anything that would
disturb the agricultural land that we are surrounded with. We have dealt with this farm,
Green Valley Farms and have worked for the family, the Greaves. We have seen that
they unfortunately do not care about the land as they proposed before a dumping site
before that would of been disastrous for our water and traffic would of been horrible. We
are hoping to be able to stand up and voice concerns at the meeting but if we do not we
want this letter in the records showing we do not agree to anything until we have a
better understanding as to what this is all about. We want to fully know what our rights
are so we can make proper decisions for us and for our children who will take
possessions of our land and home in years to come. With this area being away from city
and having great water, limited traffic flow we want to maintain those things.
Looking forward to a response regarding this notice. Again we cannot overlook
anything regarding this farm nor the owners who do not share the same interest in
keeping watch over our land to ensure safe drinking water, and keeping land for
agricultural purposes.
Sherrilyn Bylow
Marten Quinn
Millie Bylow
Faith Quinn
Kaiden Bylow
Page 108 of 300
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Township of
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-010
Development Services
Todd Weatherell,
Committee
Intermediate Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Consent Application
2018-B-35
Carl and Rebecca Campitelli
525 Ingram Road
Roll #:
4346-020-002-13700
R.M.S. File #:
D10-56152
Recommendation(s): Requires Action For Information Only
It is recommended:
1. That Report No. DS2019-010 be received and adopted.
2. That the Development Services Committee defer Consent Application 2018-B-35
for the creation of one (1) new agricultural lot (hobby farm) on lands located at
525 Ingram Road, to provide the applicant an opportunity to address the
concerns related to the impact of the creation of the new lot to the adjacent
wetland and significant woodland through the submission of a Natural Heritage
Evaluation/Environmental Impact Study.
3. And that the applicant be advised of the Development Services Committee's
decision under the Secretary -Treasurer's signature.
Background:
The subject lands have a total lot area of approximately 28.79 hectares (71.16 acres)
and are located on the South East corner of Ingram Road and Line 6 North.
The purpose of Consent Application 2018-B-35 is to consider the creation of a new
agricultural lot (hobby farm) by way of severance. The lands proposed to be severed
would be vacant and have a lot frontage of 96.0 metres (315.0 feet), a lot area of
approximately 1.0 hectare (2.47 acres) and is proposed for continued residential use
and a hobby farm. The lands proposed to be retained will have a 417.5 metres (1370.0
feet) of road frontage along Ingram Road and occupy an area of approximately 27.78
hectares (68.66 acres), and consist of a single family dwelling and two accessory
agricultural buildings. (refer to Schedule 3).
Development Services
Report No. DS2019-010
February 6, 2019
Page 1 of 14
Page 126 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Analysis:
Provincial Policy Statement (PPS)
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. In rural areas, the PPS permits limited residential development
and other rural land uses.
Section 1.1.5 Rural Lands In Municipalities contains policies for rural lands in
municipalities on where to direct development. Policy 1.1.5.4 states "development that
is compatible with the rural landscape and can be sustained by rural service levels
should be promoted." The surrounding land uses consist of large agriculturally related
and rural residential land uses. Therefore, the proposed hobby farm would be in
keeping with the rural landscape of the area.
Section 2.1 Natural Heritage has been reviewed as the subject property contains
woodlands. The proposed lot location would be adjacent to the identified woodlands
which is located south of the severed lot.
Section 2.1.8 states "development and site alteration shall not be permitted on adjacent
lands to the natural heritage features and areas... unless the ecological function of the
adjacent lands has been evaluated and it has been determined that there will be no
negative impacts on the natural features or on their ecological functions."
Planning staff is of the opinion that the proposed lot creation is considered development
in accordance with the PPS and Staff recommends deferral of the application to provide
the applicant the opportunity to address concerns related to the impact of the creation of
the new lot adjacent to the significant woodland.
Growth Plan for the Greater Golden Horseshoe
Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2017, is the
provincial government's initiative to plan for growth and development in a way that
supports economic prosperity, protects the environment and helps communities achieve
a high quality of life. In Policy 2.2.9 - Dural Areas there are provisions that allow for
development to occur outside of settlement areas in site specific locations with
approved designations. As will be discussed in later sections of this report, the
Township's Official Plan does not have policies within the "Rural" designation for the
creation of agricultural lots. However, the proposed use of a hobby farm as the main
use on the proposed severed lot would be in accordance with the "Rural" policies of the
Official Pian.
The subject Consent Application has been reviewed by Planning staff with respect to
the Places to Grow policies. Section 2.2.9.3 c) of these policies state that development
outside of settlement areas may be permitted on rural lands for: other rural land uses
that are not appropriate in settlement areas provided they:
Development Services February 6, 2019
Report No. DS2019-010 Page 2 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
I. are compatible with the rural landscape and surrounding local land uses;
II. will be sustained by rural service levels; and
Ill. will not adversely affect the protection of agricultural uses and other resource-
based uses such as mineral aggregate operations.
The Township's Official Plan does not have policies within the 'Rural' designation that
directly speak to the creation of agricultural lots. However, the proposed use of a hobby
farm as the main use on the proposed severed lot would be in accordance with the
'Rural' policies within the Official Plan which does not prohibit the creation of such lots.
In addition, the Places to Grow policies do not prohibit severances in agricultural and
rural areas where such severances are consistent with the Provincial Policy Statement.
Section 4,2.2 Natural Heritage Systems has also been reviewed by Planning staff with
respect to the proposed Consent application, The Province has mapped a Natural
Heritage System for the Greater Golden Horseshoe to support a comprehensive,
integrated and long-term approach to planning for the protection of the region's natural
heritage and biodiversity that was released on February 9, 2018. Within the Natural
Heritage System, the Growth Plan provides the following policies for the consideration
of new developments:
• will demonstrate that there are no negative impacts on key natural heritage
features or key hydrologic features or their functions;
• connectivity along the system and between key natural heritage features and
key hydrologic features located within 240 metres of each other will be
maintained or, where possible, enhanced for the movement of native plants and
animals across the landscape;
• the removal of other natural features not identified as key natural heritage
features and key hydrologic features is avoided, where possible;
• except for uses described in and governed by the policies in subsection 4.2.8
Mineral Aggregate Resources, the disturbed area, including any buildings and
structures, will not exceed 25 per cent of the total developable area, and the
impervious surface will not exceed 10 per cent of the total developable area;
• at least 30 per cent of the total developable area will remain or be returned to
natural self-sustaining vegetation, except where specified in accordance with the
policies in subsection 4.2.8 Mineral Aggregate Resources.
Section 4.2.4 Lands Adjacent to Key Hydrological Features, Key Hydrologic Areas and
Key Natural Heritage Features is applicable to this application. Specifically, Section
4.2.4.1 of the Growth Plan states:
"Outside settlement areas, a proposal for new development or site alteration within 120
metres of a key natural heritage feature within the Natural Heritage System or a key
hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that
identifies a vegetation protection zone, which:
a. is of sufficient width to protect the key natural heritage feature or key hydrologic
feature and its functions from the impacts of the proposed change;
b. is established to achieve and be maintained as natural self-sustaining vegetation;
and
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Report No. DS2019-010 Page 3 of 14
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c. for key hydrologic features, fish habitat, and significant woodlands, is no less
than 30 metres measured from the outside boundary of the key natural heritage
feature or key hydrologic feature".
Section 4.2.4.2 also states "Evaluations undertaken in accordance with policy 4.2.4.1
will identify any additional restrictions to be applied before, during, and after
development to protect the hydrologic functions and ecological functions of the feature".
Schedule 4 to this report depicts the Ministry of Natural Resources and Forestry
(MNRF) Natural Heritage System applicable to the area surrounding the subject lands.
It also depicts the location of the Woodlands and the unevaluated wetland, as mapped
by MNRF, in relation to the proposed severed lands.
On the basis of the preceding, Planning staff is of the opinion that the applicant has not
demonstrated to the satisfaction of the Township that the creation of the new lot will not
have any negative impacts on the key natural heritage features or key hydrologic
features or their functions. Staff recommend deferral of the application to provide the
applicant the opportunity to address concerns related to the impact of the creation of the
new lot to the adjacent unevaluated wetland and significant woodland.
Simcoe County Official Plan
The subject lands are designated `Rural' and `Greenlands' in the County of Simcoe's
Official Plan. The proposed lot to be created is located within the Rural Designation.
(refer to Schedule 5).
Section 3.7.8 of the rural policies states "Limited residential development may be
created by consent provided the following are satisfied:
a) Lots should be restricted in size in order to conserve other lands in larger blocks
for agricultural uses or environmental purposes. Consent lots should be
developed to an approximate maximum size of one hectare, except where larger
sizes may be suitable because of environmental constraints or design
considerations; and
b) The number of lots on the grid road system shall be restricted in order to
maintain the rural character and road function and to avoid strip development"
Section 3.8.15 of the Greenlands policies states "Outside of settlement areas, and
subject to Section 3.3.15 (other than for 3.8.15 vi. which is subject to policy 4.4.1), the
following uses may be permitted in the `Greenlands' designation or on adjacent lands as
described in Section 3.3.15:
i. Agricultural uses;
ii. Agriculture -related uses;
iii. On-farm diversified uses;
iv. Forestry on public lands or in County forests in accordance with an approved
management plan and sustainable forest practices;
V. Forestry on private lands as permitted by the County's Forest Conservation
Bylaw or by a local municipality's tree bylaw under the Municipal Act, 2001;
Development Services February 6, 2019
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
vi. Mineral aggregate operations, if approved through a local Official Plan
amendment;
vii. Outdoor passive recreational uses; and
viii. Subject to demonstrating that the lands are not within a prime agricultural
area, residential dwelling units on lots which were approved prior to the
approval date of this policy (May 9, 2016)."
Section 3.3.15 vi. Natural Heritage of the County's OP states "...development and site
alteration shall not be permitted on adjacent lands to the natural heritage features and
areas listed above, unless the ecological function of the adjacent lands has been
evaluated and it has been demonstrated that there will be no negative impacts on the
natural features or on their ecological functions. Adjacent lands shall generally be
considered to be:
a. Within 120 metres of habitat of endangered species and threatened
species, significant wetlands, significant coastal wetlands, wetlands
2.0 hectares or larger determined to be locally significant by an
approved EIS, significant woodlands, significant wildlife habitat,
significant areas of natural and scientific interest — life science,
significant valleylands and fish habitat;
b. Within 50 metres of significant areas of natural and scientific interest
— earth science;
c. A reduced adjacent lands from the above may be considered based
on the nature of intervening land uses. The extent of the reduced
area will be determined by the approval authority in consultation with
the applicant prior to the submission of a development application,
and supported by an EIS, demonstrating there will be no negative
impacts beyond the proposed reduced adjacent lands area."
On the basis that the proposed development is located in an area within 120 metres of a
woodlands, and given the fact that the applicant has not submitted an EIS
demonstrating that the creation of the new lot will not have any negative impacts on the
key natural heritage features or key hydrologic features or their functions, Staff
recommend deferral of the application to provide the applicant the opportunity to
address the above noted concerns.
The County has been circulated the subject application and request that the applicant
submit a natural heritage evaluation to the satisfaction of the Nottawasaga Valley
Conservation Authority to demonstrate that the application is in conformity with the
Growth Plan's Natural Heritage policies.
Township Official Plan
The subject property is designated "Rural" in accordance with Schedule "A — Land Use"
of the Township's Official Plan (refer to Schedule 6). The subject lands also contain
`Significant Woodlands' and `Environmental Protection 2' in accordance with Schedule
"B — Natural Features" of the Township's Official Plan (refer to Schedule 7). The
proposes location of the severed lot will be located outside of the 'Significant
Woodlands' and `Environmental Protection 2' area. Section C2.2 of the Township's
Official Plan outlines the permitted uses within the "Rural" designation, which include
agricultural and single detached dwellings.
Development Services February 6, 2019
Report No. DS2019-010 Page 5 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Section C2.3.1 significantly restricts residential severances and this application would
not qualify as a residential severance under this policy. However, the Township's
Official Plan does not prohibit agricultural severances in the "Rural" designation and
planning staff is of the opinion that hobby farm severances can be considered as
agricultural severances, provided that the parcel size meets the Township's minimum lot
size for a hobby farm as set out in the Township's Zoning By-law.
Section C2.2 of the Official Plan does not have direct policies that relate to the creation
of a lot for agricultural purposes, and therefore the policies found in Section D2.2.1
(New lots by Consent) would apply and would be assessed.
a) Fronts on and will be directly accessed by a public road that is maintained year
round basis;
The proposed severed and retained lands would have frontage on the opened road
allowance of Ingram Road, which is a public roadway maintained year-round by the
Township of Oro-Medonte.
b) Does not have direct access to a Provincial Highway or County Road, unless the
Province or the County supports the request;
The properties will not have access to a Provincial Highway or County Road.
c) Will not cause a traffic hazard,
This application proposes to create a hobby farm. Significant traffic volume will not be
generated by any agricultural use if located on the proposed severed lands. The
Township's Operations Department has been circulated for comments. Written
comments have not been received at the time of writing the report. Committee should
have regard to any comments received prior to the hearing by the Operations
Department.
d) Has adequate size and frontage for the proposed use in accordance with the
Comprehensive Zoning By-law and is compatible with adjacent uses;
The application proposes to create an agricultural lot for the operation of a hobby farm.
The lands proposed to be retained contains a single detached dwelling and three
detached accessory buildings and would have 417.5 metres (1370.0 feet) of road
frontage along Ingram Road and occupy an area of approximately 27.78 hectares
(58.66 acres). The lands to be severed would be vacant and have a lot frontage of 96.0
metres (315.0 feet), a lot area of approximately 1.0 hectare (2.47 acres) and is
proposed for residential use and a hobby farm. Subject to the approval of a minor
variance application for lot size, the Consent application would comply with the Zoning
By-law.
e) Can be serviced with an appropriate water supply and means of sewage
disposal;
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
The existing dwelling on the proposed retained lot is currently being serviced by private
individual on-site services (well and septic system). The owner shall confirm with the
Township that there are no conflicts between the existing services and proposed lot
lines. The applicant will be required at the time of submission of building permit to meet
all requirements for septic system installation and private water supply for the retained
lands.
f) Will not have a negative impact on the drainage patterns in the area;
The severed and retained lands have sufficient area to accommodate any on-site
grading to ensure that drainage patterns will not be negatively impacted.
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;
The retained lands are designated "Rural" and are thus not designated for development
beyond the level of their current use, which is for single detached residential and
agricultural/rural purposes. Additionally, development of and access to the retained
lands or other parcels will not be restricted.
h) Will not have a negative impact on the features and functions of any ecological
feature in the area;
The lands subject to the severance contain a "Significant Woodlands" in accordance
with Schedule "B — Natural Features" of the Township's Official Plan. The proposed lot
is adjacent to a unevaluated wetland. The Provincial Policy Statement and the Growth
Plan do not permit any development, including the creation of a new lot, adjacent to a
key natural heritage feature. Staff is of the opinion that the applicant is required to
prepare an Environmental Impact Statement demonstrating conformance with all natural
heritage policies of the PPS, Growth Plan and County of Simcoe and Township Official
Plans.
i) Will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
Any future development would require appropriate approvals for a well, which would
ensure it would not negatively impact the quality and quantity of groundwater.
Section B3 of the Official Plan outlines the objectives, location, permitted uses and
development policies within the "Environmental Protection Two" overlay designation.
This designation constitutes a significant woodlands. Section B3.4 of the Township's
Official Plan, development of lands within the Environmental Protection Two overlay
designation is generally discouraged. Furthermore, the development of lands that are
located within 50.0 metres from a woodlands feature may require the submission of an
Environmental Impact Study (EIS) and a Management Plan (MP) which must
demonstrate that the proposed development can occur without having a negative
impact on the significant natural features and ecological functions of the area. The
subject development appears to be located further away than 50 metres (164.0 feet) of
the woodlands feature.
Development Services February 6, 2019
Report No. DS2019-010 Page 7 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Planning staff recommend deferral of the application to provide the applicant the
opportunity to address concerns related to the impact of the creation of the new lot to
the significant wetland and significant woodland.
Zoning By-law 97-95
The subject lands are zoned 'Agricultural/Rural (A/RU)' and 'Environmental Protection
(EP)' (refer to Schedule 8). Table B4 -B of the Township's Zoning By-law requires a
minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. Table
B4A also requires a minimum of 2.0 hectares for a hobby farm or agricultural uses. The
applicant is proposing a lot size of 1.0 hectare (2.47 acres); however, the applicant will
require a Minor Variance to recognize the non -complying lot size.
Financial / Legal Implications / Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) 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, 2017
• 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:
In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
Consultations:
Notice of this application was circulated to the public and to various review agencies
and Township departments. A Public notice sign was also posted on the subject lands
As of the preparation of this report, the following comments have been received:
• Development Engineering: No Objections
Development Services February 6, 2019
Report No. DS2019-010 Page 8 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
• Building Department: No comment at this time.
• Bell Canada: No Comment
County of Simcoe: Request that the applicant submit a natural heritage
evaluation to the satisfaction of the Nottawasaga Valley Conservation Authority
to demonstrate that the application is in conformity with the Growth Plan's
Natural Heritage policies. The County cannot support the application until such
time as the natural heritage evaluation has been completed and demonstrates
that the proposed severance conforms with the Growth Pian.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Map
Schedule 3: Applicant's Severance Sketch
Schedule 4: Ministry of Natural Resources and
Schedule 5: County of Simcoe — Land Use
Schedule 6: Official Plan - Land Use
Schedule 7: Official Plan - Natural Features
Conclusion:
Forestry - Natural Heritage System
Planning Staff recommends that Consent Application 2018-B-35 be deferred to provide
the applicant an opportunity to address the concerns related to the impact of the
creation of the new lot to the adjacent wetland and significant woodland.
Respectfully submitted:
Todd We therell, RPP, CPT
Intermediate Planner
Reviewed by:
Derek Witlib, RPP
Manager, Planning Services
SMT Approval 1 Comments:
Development Services
Report No. DS2019-010
February 6, 2019
Page 9 of 14
Page 134 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Schedule 1: Location Map
Subject Lands
Schedule 2: Aerial Photo
Development Services February 6, 2019
Report No. DS2019-010 Page 10 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Schedule 3: Applicant's Sketches
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Development Services
Report No. DS2019-010
February 6, 2019
Page 11 of 14
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6.d) 6.00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Schedule 4: Growth Plan 2017 Mapping
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Development Services
Report No. DS2019-010
February 6, 2019
Page 12 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
Schedule 5: County of Simcoe Official Pian
Schedule 6: Township of Oro-Medonte Official Plan
Development Services
Report No. DS2019-010
February 6, 2019
Page 13 of 14
Page 138 of 300
6.d) 6-00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann
Schedule 7: Township Of Oro-Medonte Natural Features Mapping Official Plan
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Development Services February 6, 2019
Report No. DS2019-010 Page 14 of 14
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6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 10:16 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
Musso-Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>;
McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-B-35) Campitelli
Teresa
Development Engineering has No Objection to the above noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 140 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Thursday, January 17, 2019 12:20 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2018-13-35) Campitelli
Building Department has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 141 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
From: Moyle, Jacqueline <jacqueline.moyle@bell.ca>
Sent: Friday, January 18, 2019 9:36 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: 705-19-39 RE: Notice of Public Hearing - Development Services Committee Meeting, February
06, 2019 (2018-B-35) Campitelli
Hi Teresa,
Re: 2018-B-35
Details:
• Consent Applications
• 525 INGRAM ROAD
• Township of Oro-Medonte
• Bell File 705-19-39
Subsequent to review by our local Engineering Department of the above noted lands, it has
been determined that Bell Canada has no comments with respect to the proposed application.
Should you have any questions or concerns, please do not hesitate to contact me.
Thanks
Jacquie
Jacqueline wWyle
External Liaison
Bell Canada Right of Way
SII
140 Bayfield St. FL 2
Barrie, ON, L4M 3131
P: 705-722-2636
F: 705-722-2263
iacgueline.moyle(cabell.ca
Page 142 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
a�
S1xx ��c�wt��r OF11` CO
January 25, 2019
County of 5imcoe
Planning Department
1110 Highway 26.
Midhurst, Ontario L9x 1N6
Andy Karaiskakis
Secretary -Treasurer
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2E0
Main Line (705) 725-9364
Toll Free (866) 893-9300
Fax (705) 727-4276
simcoe.ca
PLANNING 1
r
** VIA EMAIL**
Subject: County Comments regarding Consent Application 2018-B-35
County File: OM -B-1902
Location: 525 Ingram Road
Owner/Applicant: Carl & Rebecca Campitelli
Mr. Karaiskakis,
Thank you for circulating the County regarding the above -noted application. County Planning staff
understand that the applicant is proposing a severance for the creation of one (1) new lot. The
severance would result in retained lands with an area of approximately 27.78 hectares (68.66
acres) and a severed lot with an area of approximately 1 hectare (2.47 acres). A copy of the
proposed plan is attached.
The subject lands are designated Rural and Greenlands, per Schedule 5.1 — Land Use
Designations to the Simcoe County Official Plan (SCOP) and the proposed new lot is within the
Rural designation. SCOP Section 3.7.8 permits the creation of limited residential development in
the Rural designation provided that new lots are restricted in size in order to conserve other lands
in larger blocks for agricultural uses or environmental purposes. Lots created by consent should
be an approximate maximum size of one hectare, and demonstrate they are not strip development
as defined by SCOP.
The property is also within 500 metres of an Active Aggregate Site and mapped as Sand and
Gravel Resources on Schedule 5.2.1—High Potential Mineral Aggregate Resources to the SCOP.
The Township should be satisfied that the development conforms with the Aggregate Resources
Section of the SCOP, and specifically Section 4.4.4.
We would also note that the property contains an unevaluated wetland and a woodland and is
currently mapped as Natural Heritage System as per the Growth Plan. Development, including
lot creation, would need to conform with Growth Plan Natural Heritage System policies,
specifically Sections 4.2.2, 4.2.3, and 4.2.4.
The County would require that the applicant submit a natural heritage evaluation to the
satisfaction of the NVCA to demonstrate that the application is in conformity with the Growth
Plan's Natural Heritage policies. The County cannot support the application until such time as the
natural heritage evaluation has been completed and demonstrates that the proposed severance
conforms with the Growth Plan.
Page 1 of 3
Page 143 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
.-M—Emoft County of Simcoe Main Line (705) 726-9300
1]COUNTY01' Planning Department Toll Free (866) 893-9300
` �
Midhurst, hway 26, Fax (705) 7 4276 PLANNING
Ontio AX 1N6 s mcoe.ca 1 '7�
- sr�
Please circulate the County with the Notice of Decision on this application. If you require further
information or have any questions, please do not hesitate to contact me by email or telephone.
Sincerely,
The Corporation of the County of Simcoe
Adrianna Spinosa, MCIP, RPP
Planner II
E: adrianna.spinosa(asimcoe.ca
T: 705-726-9300 ext. 1912
cc: Dan Amadio, Manager of Planning — County of Simcoe
Todd Weatherell, Intermediate Planner — Township of Oro-Medonte
Lee Bull, Manager of Planning Services — Nottawasaga Valley Conservation Authority
Attachment
Page 2 of 3
Page 144 of 300
6.d) 6.00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
COWTY C7F
SIMC YEA.
I+� jQ ZOOm
County of 5imaoe
Planning Department
1110 Highway 26,
Midhurst, Ontario L9X 1N6
Maim Line (705) 726-9300
Toll Free (866) 893-9300
Fax (705) 727-4276
simcoe.ca
.2 -S
,
72,E
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Page 3 of 3
Page 145 of 300
6.d) 6:00 p.m. Report No. DS2019-10, Todd Weatherell, Intermediate Plann...
From: Lisa Comstive-Bell <lisarcomstivebell@outlook.com>
Sent: Saturday, January 26, 2019 2:37 PM
To: Planning <Planning@oro-medonte.ca>
Subject: Written Input Regarding Application 2018-13-35
Hello Oro Medonte Township/Council,
Please consider this email as written notice regarding application number 2018-13-35, as I am not able to
attend the hearing on February 6, 2019.
I would oppose the allowance of severance of lot number 525 Ingram Road for environmental and
conservation concerns . The proposed severance partial of land, would intrup and most likely eliminate
the natural deer path migration that occurs every spring and fall across this portion of land. The deer
numbers in the area have been in decline for the past 15 years, due to the increased coyote population
in the area. Allowing severance and then future construction on this property would cause continued
stress on the wildlife in the area, inclusive of the deer's and turkeys that cross the partial of land to look
for food, water and shelter.
Thank you,
Lisa Comstive-Bell
Page 146 of 300
6.d) 6:00 p.m. Report No. WRQIF; 6O23i:gJde l@W�eWk' ,Rt(,Pdann...
6d) Additional correspondence received
From: Emma Perry <eperry@nvca.on.ca>
Sent: Friday, February 1, 2019 4:25 PM
To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
Subject: NVCA comments re 2018-B-35 (Campitelli)
Hi Andy,
The NVCA has reviewed the above -noted application for consent at 525 Ingram Rd, Township of Oro-
Medonte. It is proposed to sever a lot fronting on Ingram Rd in the north-east corner of the existing
property.
The NVCA advises that the proposed new lot does not encroach into the NVCA-regulated area. The
retained parcel contains regulated features of natural hazards (floodplain and erosion) and natural
heritage features (wetland and forest) associated with the tributaries of Coldwater River which traverses
the property.
Both proposed severed and retained lots are captured within the Provincial Natural Heritage System
overlay. As such, the wetlands and watercourses are considered to be Key Hydrologic Features. The
proposed lot is within 120m of the Coldwater River watercourse. Natural Heritage policy 4.2.4 within the
Growth Plan requires lands proposed for development within 120m to demonstrate no negative impact
on the features and identify a vegetation protection zone. To comply with the Growth Plan policy, the
proposed development area on the lot should be evaluated for impacts on the natural heritage system
in a scoped natural heritage study. The NVCA can provide advisory on the natural heritage work. It is
noted that the proposed lot is currently a vacant field and that such natural heritage studies could be
highly scoped.
Sincerely,
Emma Perry I Planner II
Nottawasaga Valley Conservation Authority
8195 8th Line, Utopia, ON LOM 1TO
T 705-424-1479 ext.244 I F 705-424-2115
eperry@nvca.on.ca I nvca.on.ca
Page 147 of 300
Consent 2018-B-35 (Campitelli)
Address:
525 Ingram Road
Zonin
Agricultural/Rural(A/RU) &
Environmental Protection (EP)
Official Plan:
Rural
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Consent Applications 2018-B-35 is for the purpose is to sever one (1) hobby
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Land to be Severed: The lands to be severed.
Frontage:
Lot Area:
Approx. 96.0 m. (315.0 ft.)
Approx. 1.0 ha (2.47 ac.)
Lands to be Retained: The lands to be retained contain an existing dwelling
and two accessory buildings and are proposed for continued residential use
and the lands consist of:
Frontage:
Lot Area:
Approx. 417.5 m. (1370.0 ft.)
Approx. 27.78 ha (68.66 ac.)
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Recommendation: Deferral
1. That Report No. DS2019-010 be received and adopted.
2. That the Development Services Committee defer Consent Application 2018-13-
35 for the creation of one (1) new agricultural lot (hobby farm) on lands located
at 525 Ingram Road, to provide the applicant an opportunity to address the
concerns related to the impact of the creation of the new lot to the adjacent
wetland and significant woodland through the submission of a Natural Heritage
Evaluation/Environmental Impact Study.
3. And that the applicant be advised of the Development Services Committee's
decision under the Secretary -Treasurer's signature.
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6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
(NGZT
Report Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-012
Development Services
Derek Witlib, Manager
Committee
Planning Services
Meeting Date:
Subject:
Motion #
February 6, 2019
Minor Variance Application
2019-A-01 by
Dave & Sheila Saunders
Roll #:
R.M.S. File #:
4346-010-004-22704
1435 15116 Sideroad East
D13-56157
Recommendation(s): Requires Action For Information Only
1. That Report No. DS2019-012 be received and adopted.
2. That Minor Variance Application 2019-A-01 by Dave and Sheila Saunders, specifically
for permission to permit an accessory apartment dwelling unit with a maximum floor area
of 127.3 square metres (1,370 square feet) and a shared means of egress to the outside
with the main dwelling unit, on the lands municipally known as 1435 16116 Sideroad
East, Township of Oro-Medonte, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Table Al and Sections 5.4 (c) and (d) of Zoning By-
law 97-95, the proposed accessory apartment dwelling unit shall otherwise
comply with all other applicable provisions of the Zoning By-law;
b) That the proposed accessory apartment dwelling unit on the subject lands
be substantially and proportionally in conformity with the dimensions as set
out on the application and sketches submitted and approved by the
Committee;
c) That the appropriate Zoning Certificate, Building and Septic System
Permits be obtained only after the Committee's decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
4. And that the applicant be advised of the Committee's decision under the Secretary
Treasurer's signature.
Development Services February 6, 2019
Report No. DS2019-012 Page 1 of 9
Page 160 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
Background:
The subject property is located on the south side of 15116 Sideroad, west of Line 11
North, in the rural Settlement Area of East Oro. The lands have a lot area of
approximately 0.2 hectares (0.5 acre) and support an existing single detached dwelling
that was constructed in 2017. A location map is attached as Schedule 1 to this report.
Surrounding lands uses consist of single detached dwellings.
The applicants are proposing to convert the basement of the existing dwelling into an
apartment with a floor area of 127.3 square metres (1,370 square feet) and that will
share an entrance with the main dwelling unit through an existing attached garage.
In order to accommodate the proposed apartment, the applicants have requested the
following variances from Zoning By-law 97-95:
Section 5.4 (c) — Maximum permitted floor area of apartment dwelling unit:
Required: Proposed:
Maximum floor area of 70.0 square metres Floor area of 127.3 square metres
753.5 square feet 1,370 square feet
Section 5.4 (d) — Means of egress for an apartment dwelling unit:
Required: I Proposed:
Egress to the outside that is separate from any Egress to the outside that is shared
means of egress for another dwelling unit. with main dwelling unit.
The applicant's site plan is included as Schedule 2, an elevation drawing is included as
Schedule 3 and a floor plan is included as Schedule 4.
Analysis:
Provincial Policies
The Provincial Policy Statement (PPS) provides a policy basis to guide land use
planning in the Province. 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.
Section 1.4.3 of the PPS directs municipalities to permit all forms of housing to provide
an appropriate range and mix of housing types and densities — including
affordable housing. Further, municipalities should permit and facilitate all forms of
residential intensification and redevelopment, including second units.
Development Services February 6, 2019
Report No. DS2019-012 page 2 of 9
Page 161 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
The PPS recognizes second units as a form of residential development that is conducive
to the development of healthy, livable, and safe communities. In rural municipalities such
as Oro-Medonte, secondary units within homes can provide homeowners with an
opportunity to earn additional income to help meet the costs of home ownership, and
they provide more housing options for extended families or elderly parents or for a live-in
caregiver, or provide more affordable housing options to the general population.
Development Services Staff is of the opinion that this application is consistent with the
policies of the Provincial Policy Statement.
Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2017, is the
provincial government's initiative to plan for growth and development in a way that
supports economic prosperity, protects the environment and helps communities achieve
a high quality of life. Specifically Section 2.2.6 Housing, which identifies a diverse range
and mix of housing options and densities, including second units and affordable housing
to meet projected needs of current and future residents.
Planning Staff is of the opinion that the proposed construction of an apartment within the
existing dwelling conforms to the Growth Plan and the apartment will be compatible with
the surrounding local land uses.
County of Simcoe Official Plan
Section 4.3 of the County of Simcoe Official Plan encourages local municipalities to permit,
wherever possible, individual lot intensification such as secondary or accessory suites in
residential buildings subject to meeting building, health, and safety regulations. Planning
Staff is of the opinion that the proposed construction of an apartment within the existing
dwelling conforms to the County of Simcoe Official Plan.
Does the variance conform to the general intent of the Official Plan?
The subject lands are located within the Rural Settlement Area designation of the Official
Plan. Section A4.1 directs new residential development to Settlement Areas and
Section A4.2.7 states that Settlement Areas such as East Oro which is not serviced by
municipal water systems or communal sewage systems, shall receive limited growth in
the form of infilling and small-scale plans of subdivision. In Planning Staff's opinion, the
proposed accessory apartment represents limited growth that conforms to the Official
Plan.
Does the variance conform to the general intent of the Zoning By-law?
The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-
95. Accessory apartment dwelling units are permitted uses within the R1 Zone.
The proposed increase in floor area would conform to the general intent of the
Township's Zoning By-law, as the added living space will not be visible from the outside
Development Services February 6, 2019
Report No. DS2019-012 Page 3 of 9
Page 162 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
of the dwelling or from the adjacent neighbours because it will be constructed within a
portion of the basement level of the new dwelling. The apartment will remain smaller
and subordinate to the main dwelling unit. Sufficient on-site parking would be available
within the existing garage and driveway to accommodate the Zoning By-law's
requirements for a minimum of two parking spaces for the main dwelling unit and one
parking space of the accessory apartment.
The accessory apartment is proposed to be accessed by way of a man -door through an
existing attached garage. The main dwelling will also have access through the garage
man door but will also have access through a separate front door. This arrangement
would still provide the residents of the dwelling units the ability to access their units
separately.
Based on the above, it is Planning Staff's opinion that the requested variances meet the
general intent of the Zoning By-law.
Is the variance appropriate for the desirable development of the lot?
The proposed variance is appropriate and desirable, as the proposed basement
accessory apartment will not trigger an expansion of the existing dwelling on the lot and
will not visually or functionally affect any of the adjacent neighbours.
Planning and Building Staff have had discussions with the applicants to make them
aware that:
• A septic verification will be required to determine whether upgrades are required
to the existing septic to accommodate the accessory dwelling unit; and
• The proposed design of the accessory apartment will need to comply with Ontario
Building Code requirements.
Is the variance minor?
The proposed variance is considered minor, as the apartment will use a portion of the
new basement level and the added floor area will be unrecognizable from the outside
and it will not negatively affect the adjacent neighbours or the neighbourhood.
Financial 1 Legal Implications 1 Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeals Tribunal and Council chooses to defend the
Committee's decision.
Development Services February 6, 2019
Report No. DS2019-012 Page 4 of 9
Page 163 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
Policies/Legislation:
• Planning Act, R.S.O. 1990, c.P.13
• Provincial Policy Statement, 2014
• Growth Plan for the Greater Golden Horseshoe, 2017
• 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:
In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth: The application is aligned with the objectives of the Balanced Growth
strategic goal by protecting our natural environment, as the lands subject to
this application are outside of the lands regulated by the Conservation Authority.
Consultations:
Notice of this application was circulated to the public and to various review agencies and
Township departments. A public notice sign was also posted on the subject lands. As
of the preparation of this report, the following comments have been received:
Building Division -- Verification of septic system will be required. Must meet exceptions
for shared egress facilities in the Ontario Building Code (OBC). Applicant to be aware of
OBC requirements pertaining to secondary dwelling units.
Operations Division — No objections.
Development Engineering — No objections. Adequate on-site parking should be
confirmed.
Attachments:
Schedule 1: Location Map
Schedule 2: Applicant's Site Plan
Schedule 3: Elevation Drawings
Schedule 4: Floor Plan
Development Services February 6, 2019
Report No. DS2019-012 Page 5 of 9
Page 164 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
Conclusion:
Planning Staff recommends that Minor Variance Application 2019-A-01 be approved
specifically to permit an accessory apartment dwelling unit with a maximum floor area of
127.3 square metres (1,370 square feet) and a shared means of egress to the outside
with the main dwelling unit, on the basis that the application conforms to Provincial and
County policies and meets the four minor variance tests of the Planning Act.
Respectfully submitted:
Derek Witlib, RPP
Manager, Planning Services
SMT Approval 1 Comments:
Development Services February 6, 2019
Report No. DS2019-012 Page 6 of 9
Page 165 of 300
Schedule 1eLocaiori�il'apeport No. DS2019-12, Derek Witlib, Manager, Planning Ser...
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Report No. DS2019-012 Page 7 of 9
Page 166 of 300
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Page 8 of 9
Page 167 of 300
Schedule 3edeva�iEn rR`epo�rt No. DS2019-12, Derek Witlib, Manager, Planning Ser...
Schedule 4: Proposed Floor Plan:
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Development Services
Report No, DS2019-012
February 6, 2019
Page 9 of 9
Page 168 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 9:22 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>;
Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-01) Saunders
Teresa
Development Engineering has No Objection to the above noted Application.
Adequate on-site parking should be confirmed, based on the residential occupancy.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 169 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Thursday, January 17, 2019 10:45 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-01) Saunders
Teresa
Operations has no objections nor further comment on this application.
Regards
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 170 of 300
6.e) 6:10 p.m. Report No. DS2019-12, Derek Witlib, Manager, Planning Ser...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Thursday, January 17, 2019 12:16 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-
medonte.ca>; Moore, Sherri <smoore@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-01) Saunders
Building Department comments are as follows;
1. Verification of the septic system will be required to evaluate the proposed use.
2. Must meet the exceptions for shared egress facilities in the Ontario Building
Code(OBC), provide further details of egress.
3. Applicant to be aware of all OBC requirements pertaining to secondary dwelling
units.
Thanks,
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 171 of 300
Minor Variance 2019-A-01 (Saunders)
Address:
1435 15/16 Sideroad East
Zoning:
Residential One (R1)
Official Plan:
Rural Settlement Area
Existing Development:
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basement of an existing single detached dwelling. The applicant is seeking relief to the following
sections of Zoning By-law 97 -95 -
Section 5.4 (c) — Maximum permitted floor area of apartment dwelling unit:
Required: Proposed:
Maximum floor area of 70.0 square metres Floor area of 127.3 square metres
(753.5 square feet) (1,370 square feet)
Section 5.4 (d) — Means of egress for an apartment dwelling unit:
Required: Proposed:
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Recommendation:
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127.3 square metres (1,370 square feet) and a shared means of egress to
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Conditions:
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• That the apropriate Zoning Certificate, Building and Septic System Permits be obtained only after
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7
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
Township of
Report Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-008
Development Services
Todd Weatherell,
Committee
Intermediate Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Minor Variance Application
2019-A-02
Erik Drury and Colleen Wright
31 Huronwoods Drive
Roll #:
4346-010-003-05800
R.M.S. File #:
D13-56158
Recommendation(s): Requires Action For Information Only
1. That Report No. DS2019-008 be received and adopted.
2. That Minor Variance Application 2019-A-02 by Erik Drury and Colleen Wright,
specifically for permission to permit one (1) accessory building within the front yard with
an interior side yard setback of 2.0 metres (6.5 feet) on the lands municipally known as
31 Huronwoods Drive, Township of Oro-Medonte, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.1.3 a) & 7.113 a) of Zoning By-law 97-95,
the proposed accessory building shall otherwise comply with all other
applicable provisions of the Zoning By-law,
b) That the proposed accessory building 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 verify by pinning the foundation wall of the
proposed detached building in writing by way of survey/real property
report, prior to the pouring of the footing and if no footing, the foundation,
that the proposed detached building is no closer than 2.0 metres (6.5 feet)
from the interior side lot line; and,
d) That the appropriate Zoning Certificate and Building Permit be obtained
only after the Committee's decision becomes final and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13.
4. And that the applicant be advised of the Committee's decision under the Secretary
Treasurer's signature.
Background:
The subject property has a lot area of 0.23 hectares (0.56 acres) and is located on north
side of Huronwoods Drive just east of Iroquois Ridge. The property currently contains a
single detached dwelling and abuts residential uses to the east and west.
Development Services February 6, 2019
Report No. DS2019-008 Page 1 of 8
Page 180 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
The applicants are proposing to construct a detached accessory building (garage) to be
located within the front yard (refer to Schedule 3) and are requesting the following relief
from Zoning By-law 97-95, as amended:
Section 5.1.3(a) — Permitted Locations for Detached Accessory Buildings
Required: Proposed:
Not to be located in front yard To be located in front yard 22.0 metres
72.1 feet from the front lot line
r,_ _Y. _ _ � J a^ _ % ■ I
erection r. 10 a1 — iviinimum intenor side yard setnacx
Required: Proposed:
4.5 metres 14.76 feet 2.0 metres 6.56 feet
Analysis:
Provincial Policies
Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2017, is the
provincial government's initiative to plan for growth and development in a way that
supports economic prosperity, protects the environment and helps communities achieve
a high quality of life. Specifically Section 2.2.9 Rural Areas and 4.2.3 Key Hydrological
Features, Key Hydrologic Areas and Key Natural Heritage Features are applicable to
this application.
A very small portion of the subject property falls within a mapped woodland area as
determined by the Province's online mapping tool. (see schedule 5). The Province's
website advises users that this mapping application does not identify if a woodland is
"significant" (e.g. for municipal planning purposes). These woodlands are identified
based on the "wooded area" data held by Land Information Ontario and the Province's
website states that municipalities must assess and determine if such woodlands are
significant.
Since the County of Simcoe and the Township of Oro-Medonte do not identify
significant woodlands on the subject property or on adjacent lands within their own
Official Plans, and since the lands are located in a Rural Settlement Area as identified in
the County of Simcoe's Official Plan, it is Planning Staff's opinion that this application is
not affected by the Natural Heritage System policies of the Growth Plan.
Therefore Planning Staff is of the opinion that the proposed development of the lot for a
detached accessory structure conforms to the Growth Plan as the lands subject to this
application are already within an established residential area. Accessory structures are
permitted as long as they do not expand into the woodland.
The Provincial Policy Statement provides policy direction on matters of provincial
interest related to land use planning and development. Specifically Section: 1.1.4 —
Development Services February 6, 2019
Report No. DS2019-008 Page 2 of 8
Page 181 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
Rural Areas is applicable to this application. The application represents limited,
residential development in a rural settlement area that is consistent with the PPS with
respect to Rural Areas as the area is predominately residential and the proposed
detached structure is accessory to the existing residential use.
County of Simcoe Official Plan
The subject lands are designated 'Settlements' in the County of Simcoe's Official Plan.
The Settlements objective is to develop a compact urban form that promotes the
efficient use of land and provision of water, sewer, transportation, and other services.
The subject property is residential and the proposed building would be accessory to the
residential use on the property.
Does the variance conform to the general intent of the Official Plan?
The subject lands are designated "Residential" in the Township's Official Plan. Pursuant
to the policies of the Plan, permitted uses within the "Residential" designation include
single detached dwellings and by extension accessory uses to the residential use.
Therefore, based on the above, the requested variance pertaining to the construction of
one (1) detached accessory building, which is accessory to the main residential use of
the subject lands, is considered to conform to the Official Plan.
Does the variance conform to the general intent of the Zoning By-law?
The subject property is zoned "Residential One Exception 113 (R1 *113)" in the
Township's Zoning By-law 97-95, as amended. The provision to prohibit accessory
structures in the front yard is intended to ensure that there is an adequate front yard to
provide for a driveway of sufficient length for parking, as well helps maintain an attractive
streetscape in circumstances where there are consistent building setbacks.
In the case of the subject lands, Planning Staff note that the existing dwelling is located at
the rear of the lot. In this regard, the only practical location to situate the detached garage
is in the front yard. The property also has a slope that is located on the property which
would make it more difficult to construct and access the garage if it were to be placed
adjacent to the dwelling unit.
A reduced side yard setback would also meet the general intent as the proposed garage
would still maintain a 2.0 metre side yard setback which would allow adequate access
around the garage for maintenance purposes. The 2.0 metre side setback is requested
to allow the applicant to maintain a 6 metre driveway for access purposes as well as a 6
metre setback from the existing septic system bed.
For the reasons outlined above, the requested variance is considered to meet the
general intent of the Zoning By-law.
Is the variance appropriate for the desirable development of the lot's
The proposed detached garage would have a footprint of 7.31 metres (24.0 feet) by 8.53
Development Services February 6, 2019
Report No. DS2019-008 Page 3 of 8
Page 182 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
metres (28.0 feet) which would meet the By-law's maximum floor area and height
requirement for detached accessory buildings, Planning Staff does not expect the
proposed garage at the location proposed by the applicant to stand -out, look out of
place or detract from the character of this established neighbourhood as the subject
lands and surrounding lots are mostly treed and the presence of the accessory building
would not disrupt the treed front yard appearance of the neighbourhood.
In Planning Staff's opinion, the proposed garage would be sufficiently smaller than the
existing dwelling to ensure that the dwelling maintains its appearance as the dominant
structure on the property. Based on the proposed use of the detached building as a
garage for storage of a vehicle and equipment, the accessory building remains
subordinate in its use to the main residential use on the lot.
For the reasons outlined above, the requested variance would be considered desirable
development of the lot.
Is the variance minor?
As the proposed variances relating to a proposed detached accessory building is
considered to conform to the general intent of the Official Plan, to meet the general
intent of the Zoning By-law, to be appropriate for the desirable development of the lot,
and is not anticipated to have an adverse effect on the character of the surrounding
area, the variance is considered to be minor.
Financial / Legal Implications 1 Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the local Planning Appeal Tribunal and Council chooses to defend the
Committee's decision.
Policies/Legislation:
• Planning Act, R.S.O. 1990, c.P.13
• Provincial Policy Statement, 2014
• Growth Pian for the Greater Golden Horseshoe, 2017
• 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:
In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth - Ensure land use planning policies manage change and promote
Development Services February G, 2019
Report No. DS2019-008 Page 4 of 8
Page 183 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
economic activity that does not negatively impact the Township's natural heritage
features and attributes.
Staff are of the opinion that the proposed development will not negatively impact the
Township's natural features and attributes.
Consultations:
Notice of this application was circulated to the public and to various review agencies
and Township departments. A Public notice sign was also posted on the subject lands.
As of the preparation of this report, the following comments have been received:
• Township Development Engineering — No objections. An engineered lot grading
plan shall be required at the time of building permit application.
• Township Building Services — No Comments
• Township Infrastructure and Capital Projects — No Objections
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicant's Site Plan
Schedule 4: Applicant's Elevation Plan
Schedule 5: Growth Plan 2017
Conclusion:
Planning Staff recommends that Minor Variance Application 2019-A-02 be approved
specifically to permit a detached accessory building within the front yard with an interior
side yard setback of 2 metres (6.5 feet) on the lands municipally known as 31
Huronwoods Drive on the basis that the application is consistent with and conforms to
provincial policies and the County of Simcoe Official Plan and meets the four tests of
the Planning Act.
Respectfully submitted:
Todd Weathereff, P, CPT
Intermediate Planner
SNIT Approval I Comments:
Development Services
Report No. DS2019-008
Reviewed by:
Derek W itlib, RPP
Manager, Planning Services
February 6, 2019
Page 5 of 8
Page 184 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
Schedule 1: Location map
MISagecrLands
Schedule 2: Aerial Photo
Development Services February 6, 2019
Report No. DS2019-008 Page 6 of 8
Page 185 of 300
6.f) 6.20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
Schedule 3: Applicants Site Plan
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Schedule 4: Applicant's Elevation Plan
MT
Development Services February 6, 2019
Report No. DS2019-008 Page 7 of 8
Page 186 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
Schedule 5: Growth Plan 2017 Mapping
[--�] Woodland
Development Services February 6, 2019
Report No. DS2019-008 Page 8 of 8
Page 187 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 9:27 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
McCartney, Garry <gmccartney@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-02) Drury & Wright
Teresa
Development Engineering has No Objection to the above noted Application.
It should be noted that an Engineered Lot Grading Plan shall be required at the time of
Building Permit Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 188 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Thursday, January 17, 2019 10:44 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-02) Drury & Wright
Teresa
Operations has no objection nor further comment on this application.
Regards
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 189 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Thursday, January 17, 2019 12:17 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-02) Drury & Wright
Building Department has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 190 of 300
6.f) 6:20 p.m. Report No. DS2019-008, Todd Wetherell, Intermediate Plann...
From: jbs@sanchez.ca <jbs@sanchez.ca>
Sent: Wednesday, January 30, 2019 9:55 PM
To: Planning <Planning@oro-medonte.ca>
Cc: ericdrury@hotmail.com
Subject: Variance Application 2019-AO2
This email is to confirm that I have no concerns with the variance application submitted by my
neighbours Eric Drury and Collen Wright with regard to their proposed garage. My only request is that
the trees on my side of the property be protected during construction given that the garage will be
within 6.5' of the property line.
Thank you.
Jose Sanchez, Homeowner
29 Huronwoods Drive
Coldwater, ON LOK 1E0
Page 191 of 300
Minor Variance 2019-A-02 (Drury & Wright)
Location:
31 Huronwoods Drive
Zoning:
Residential One Exception
113 (R1 *113) (SR)
Official Plan:
Residential
Current Use:
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Minor Variance 2019-A-02 (Drury & Wright)
Purpose: The applicants are proposing to construct a detached accessory building (garage) to be located
within the front yard and are requesting the following relief from Zoning By-law 97-95, as amended:
Section 5.1.3(a) — Permitted Locations for Detached Accessory Buildings
Required: Proposed:
4.5 metres (14.76 feet) 2.0 metres (6.56 feet)
Section 7.113 a) — Minimum interior side yard setback
Required: Proposed:
Not to be located in front yard To be located in front yard 22.0 metres
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6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Township of
Report
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Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-009
Development Services
Todd Weatherell
Committee
Intermediate Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Minor Variance Application
2019-A-03 by Brent and
Jennifer Miller
Roll #:
R.M.S. File #:
4346-010-001-04200
1197 Penetanguishene Road
D13-056161
Recommendation(s): Requires Action For Information Only
It is recommended:
1. That Report No. DS2019-009 be received and adopted.
2. That Minor Variance Application 2019-A-03 by Brent and Jennifer Miller,
specifically to construct a new agricultural building with a 10.0 metre (32.8 feet)
setback from the limit of the Environmental Protection (EP) Zone, be approved.
3. That the following conditions be imposed on the Committee's decision:
a) That notwithstanding Section 5.27 of Zoning By-law 97-95, the proposed
agricultural building shall otherwise comply with all other applicable
provisions of the Zoning By-law;
b) That the proposed agricultural building 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 prior to obtaining a Building Permit from the Township the applicant
satisfy any permits and/or approvals, if required, from the Nottawasaga
Valley Conservation Authority;
d) That the appropriate Zoning Certificate and Building Permit be obtained
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. In addition, that the applicant be advised of the Committee's decision under the
Secretary -Treasurer's signature.
Development Services February 6, 2019
Report No. DS2019-009 Page 1 of 10
Page 204 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Background:
The subject property fronts onto Penetanguishene Road. The subject property currently
contains a single family dwelling and is approximately 19.29 hectares (47.66 acres) in
size. A Location Map is included as Schedule 1 to this report.
The applicant is proposing to construct an agricultural building with a setback of 10.0
metres (32.8 feet) from the limit of the Environmental Protection (EP) Zone. A Site Plan
Map is included as Schedule 2 to this report.
The Environmental Protection (EP) zone runs along diagonally through the property.
Zoning Schedule Al2 is attached on Schedule 5 to this report.
Analysis:
Provincial Policies
The Provincial Policy Statement provides policy direction on matters of provincial
interest related to land use planning and development. Specifically, Section 2.3 —
Agriculture are applicable to this application. These sections have been reviewed and
Planning Staff is of the opinion that this application is consistent with the policies of the
Provincial Policy Statement since the application is for agricultural purposes which is
permitted and promoted on these lands according to the PPS.
The Growth Plan for the Greater Golden Horseshoe (2017) provides a long-term plan to
manage growth and protect the natural environment. Section 2.2.9 Rural Areas is
applicable to this application. This section has been reviewed and Planning Staff is of
the opinion that the proposed agricultural building is consistent with the Rural Areas
policies in the Growth Plan. According to the Province of Ontario's Agricultural System
Mapping for the Greater Golden Horseshoe, the front portion of the property where the
proposed building is to be located has been identified as `Prime Agricultural Area'.
Based on the Province's mapping of key natural heritage features, the proposed
agricultural building would be located within the natural heritage system, and adjacent
(within 120 metres) of a woodland which has the potential to be a key Natural Heritage
Feature. The proposed building would also be located adjacent to a watercourse which
is a key hydrologic feature. There is also a Provincially Significant Wetland (PSW)
located on the easterly portion of the property approximately 208 metres from the
proposed building. These features are illustrated on Schedule 6 to this report. Similarly,
in the Township's Official Plan, there is a significant woodland and Significant Wetland
(Dalston Wetland) identified on the lands. As a result Section 4.2.4 Lands Adjacent to
Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features is
applicable to this application. Specifically, Section 4.2.4.1(f) of the Growth Plan states:
"Outside settlement areas, a proposal for new development or site alteration within 120
metres of a key natural heritage feature within the Natural Heritage System or a key
hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that
identifies a vegetation protection zone, which:
Development Services February 6, 2019
Report No. DS2019-009 Page 2 of 10
Page 205 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate
a. is of sufficient width to protect the key natural heritage feature or key hydrologic
feature and its functions from the impacts of the proposed change;
b. is established to achieve and be maintained as natural self-sustaining vegetation;
and
c. for key hydrologic features, fish habitat, and significant woodlands, is no less
than 30 metres measured from the outside boundary of the key natural heritage
feature or key hydrologic feature".
Section 4.2.4.4 also states "Notwithstanding policies 4.2.4.1, 4.2.4.2 and 4.2.4.3:
a. a natural heritage or hydrologic evaluation will not be required for a proposal for
development or site alteration on a site where the only key natural heritage
feature is the habitat of endangered species and threatened species;
b. new buildings and structures for agricultural uses, agriculture -related uses, or on-
farm diversified uses will not be required to undertake a natural heritage or
hydrologic evaluation if a minimum 30 metre vegetation protection zone is
provided from a key natural heritage feature or key hydrologic feature; and
c. uses permitted in accordance with policy 4.2.4.4 b):
i. are exempt from the requirement of establishing a condition of natural self-
sustaining vegetation if the land is, and will continue to be, used for
agricultural purposes; and
ii, will pursue best management practices to protect and restore key natural
heritage features, key hydrologic features, and their functions".
In Planning Staff's opinion, the proposed development of the lot is consistent with the
Growth Plan Section 4.2.4.4 b. as the proposed agricultural building will be used for the
storage of a tractor, and supplies for bee farming. In addition, the proposed location of
the agricultural building is approximately 208 metres from the wetland (Dalston
Wetland) and 112 metres from the woodland, within which existing vegetation
significantly exceeds the minimum 30 metre buffer requirement. Therefore the
proposed development is exempted from needing a natural heritage or hydrologic
evaluation, as per Section 4.2.4.4 b. of the Growth Plan.
The Nottawasaga Valley Conservation Authority (NVCA) regulates the subject lands,
and Staff have circulated notice of the application to the NVCA. As of preparation of
this report, Staff have yet to receive comments from the NVCA; Committee should have
regard to any comments that may be received. The applicant did provide an email
correspondence dated January 7, 2019 from Emma Perry, Planner with NVCA which
states "the NVCA has no objections to the proposed minor variance".
Countv of Simcoe Official Plan
The property is designated Greenlands and Agricultural Lands in Simcoe County's
Official Plan. The Agricultural designated lands are located near the front of the
property where the existing dwelling is located and where the proposed agricultural
building if approved will be situated, The Greenlands designation covers the remaining
lands to the rear of the property (see schedule 7). Development in prime agricultural
areas should wherever possible be designed and sited on a property so as to minimize
adverse impacts on agriculture and the natural heritage system and cultural features.
Development Services February 6, 2019
Report No. DS2019-009 Page 3 of 10
Page 206 of 300
Planne...
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
The intent of the Greenlands designation is to protect and restore the natural heritage
system. Permitted uses in the Greenlands designation includes agricultural uses.
In Planning Staff's opinion, the proposed agricultural building is consistent with the
County's Official Plan as the proposed agricultural building is located in an area outside
of the Greenlands and in an area that will minimize the impacts on the agricultural lands
and natural heritage system.
The County has been circulated the subject application and at the time of writing of this
report, comments have yet to be received by Township staff. Committee members
should have regard to any County comments.
Does the variance conform to the general intent of the Official Plan?
Township of Ora-Medonte Official Plan
The subject lands are designated `Agricultural' and `Environmental Protection One and
Two' in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses
in the Agricultural designation include single detached dwellings and by association
agricultural accessory buildings. The location of the proposed development satisfies the
requirements of Section B2.4 of the Official Plan and is therefore exempt from requiring
an Environmental Impact Study.
The proposed agricultural building will preserve the existing rural character of the area;
therefore based on the above, the requested variance conforms to the Official Plan.
Does the variance conform to the general intent of the Township's Zoning B -law?
The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP)
Zone according to the Township's Zoning By-law 97-95. An agricultural building is
permitted within the A/RU Zone; however, Section 5.27 requires a 30.0 metre (98.4 feet)
setback from the limit of an Environmental Protection (EP) Zone.
The intent of the 30.0 metre (98.4 feet) setback required by the Zoning By-law is to protect
building and structures from being constructed too close to an environmental feature.
Upon site inspection it would appear the requested 10.0 metres would provide an
adequate distance for protection from the EP Zone as the EP feature that being a small
stream is approximately 100 metres away from the proposed building.
Is the variance appropriate and desirable development of the lot?
The proposed setback reduction from 30.0 metres to 10.0 metres from the Environmental
Protection Zone for a proposed agricultural building would appear to be appropriate as
the building will be located behind the existing dwelling with an adequate setback from
the low lying area and small stream. The proposed building will also be located at the
bottom of a slope with vegetation buffering the building which will minimize the impact on
any of the adjacent neighbours.
Development Services February 6, 2019
Report No. DS2019-009 Page 4 of 10
Page 207 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Is the variance minor?
The proposed variance is considered minor, as the agricultural building will be located in
an area that will preserve the existing trees on the property as well as comply with all
setback requirements within the Agricultural/Rural Zone. The reduced setback from the
Environmental Protection Zone would be considered minor, as there is approximately 100
metres to the small stream.
Financial 1 Legal Implications 1 Risk Management: I
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) 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 Ora-Medonte Official Plan
• Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals:
The Township's following Strategic Goal is relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
• Encourage the protection of the Township's natural heritage features while
ensuring that uses that rely on these features such as home-based businesses,
recreation, and tourism are promoted and strengthened.
Staff is of the opinion that the proposed development is consistent with the Strategic
Plan, as it will not negatively impact the Township's natural features and attributes.
Consultations:
A notice sign was posted on the property and notice of the application was circulated to
agencies, Township Departments and to assessed property owners within a 60 -metre
(200 feet) radius of the lands. As of the preparation of this report, the following comments
have been received:
Development Services February 6, 2019
Report No. DS2019-009 Page 5 of 10
Page 208 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
• Development Engineering — No Objection
• Bell Canada — No Concerns
0 Simcoe County District School Board — No Concerns
• Townships Building Department --- No Objections
Attachments:
Schedule 1: Location Map
Schedule 2: Applicant's Sketch
Schedule 3: Air Photo
Schedule,4: Elevation Plan
Schedule 6: Zoning Map Al2
Schedule 6: Growth Plan 2017 Mapping
Conclusion:
Planning Staff recommends that Minor Variance Application 2019-A-03 be approved,
specifically, to permit the construction of an agricultural building with an 10.0 metres
(32.6 feet) setback from the Environmental Protection (EP) Zone on the basis that the
proposed building is considered desirable development of the lot and will not have any
adverse impact on the nearby natural heritage features.
Respectfully submitted:
Todd Oeatherell, RPP, CPT
Intermediate Planner
SMT Approval 1 Comments:
Development Services
Report No. DS2019-009
Reviewed by:
Derek Witlib, RPP
Manager, Planning Services
February 6, 2019
Page 6 of 10
Page 209 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Schedule 1: Location Map
c,
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p
® Subject Lands
Schedule 2: Applicant's Sketch
Development Services February 6, 2019
Report No. DS2019-009 Page 7 of 10
Page 210 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Schedule 3: Air Photo
Schedule 4: Elevation Plan
Development Services February 6, 2019
Report No. DS2019-009 Page 8 of 10
Page 211 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Schedule 5: Zoning Schedule
A/RU
FP
04,
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RU R2 292(H) ARU
Schedule 6: Growth Plan Mapping
Natural Heritage
System -
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Development Services February 6, 2019
Report No. DS2019-009 Page 9 of 10
Page 212 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Schedule 7: Simcoe County Official Plan
Development Services
Report No. DS2019-009
February 6, 2019
Page 10 of 10
Page 213 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
From: Saunders, David <dsaunders@oro-medonte.ca>
Sent: Thursday, January 17, 2019 9:41 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>;
McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-03) Miller
Teresa
Development Engineering has No Objection or further comment regarding the above
noted Application.
Regards
David Saunders
Manager, Development Engineering
Township of Oro-Medonte
Page 214 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
From: Metras, Justin <jmetras@oro-medonte.ca>
Sent: Thursday, January 17, 2019 10:34 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-03) Miller
Teresa
Operations has no objections or further comment on this application.
Regards
Justin
Justin Metras
Manager, Infrastructure and Capital Projects
Township of Oro-Medonte
Page 215 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
From: McCartney, Garry <gmccartney@oro-medonte.ca>
Sent: Thursday, January 17, 2019 12:18 PM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-
medonte.ca>
Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, February 06, 2019
(2019-A-03) Miller
Building Department has no comments at this time.
Garry McCartney
Chief Building Official
Township of Oro-Medonte
Page 216 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
From: Emma Perry <eperry@nvca.on.ca>
Sent: Friday, January 25, 2019 11:40 AM
To: Falconi, Teresa <tfalconi@oro-medonte.ca>
Cc: 'brent@cloudhop.ca' <brent@cloudhop.ca>
Subject: FW: NVCA Permit - 1197 Penetanguishene
Hi Teresa,
As discussed, below please find our comments for development file 2019-A-03. We have no objection to
the approval of the minor variance.
Kind regards,
Emma Perry I Planner II
Nottawasaga Valley Conservation Authority
8195 8th Line, Utopia, ON LOM 1TO
T 705-424-1479 ext.244 I F 705-424-2115
eperry@nvca.on.ca I 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.
From: Emma Perry
Sent: Monday, January 7, 2019 1:36 PM
To: 'brent@cloudhop.ca' <brent@cloudhop.ca>
Cc: 'McLean, Catherine' <cmclean@oro-medonte.ca>; 'Falconi, Teresa' <tfalconi@oro-medonte.ca>
Subject: FW: NVCA Permit - 1197 Penetanguishene
Hi Brent,
The NVCA has no objection to the proposed minor variance for reduced setback from the EP zone (from
30m to 10m). The previously NVCA-authorized development permit (2018-10674) is valid for the
construction of the detached accessory structure.
A $200.00 review fee will apply to the application when circulated.
Please contact me if you have any questions or require additional information.
Kind regards,
Emma
Emma Perry I Planner II
Nottawasaga Valley Conservation Authority
8195 8th Line, Utopia, ON LOM 1TO
T 705-424-1479 ext.244 I F 705-424-2115
eperry@nvca.on.ca I nvca.on.ca
Page 217 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
�i
COUNTY OF
S1MCO
A§000�
January 30, 2019
County of Simcoe
Planning Department
1110 Highway 26,
Midhurst, Ontario L9X 1 N6
Andy Karaiskakis
Secretary -Treasurer
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2E0
Main Line (705) 726-9300
Toll Free (866) 893-9300
Fax (705) 727-4276
simcoe.ca
Subject: County Comments regarding Minor Variance Application 2019-A-03
County File: OM -A-1903
Location: 1197 Penetanguishene Road
Owner/Applicant: Brent and Jennifer Miller
Mr. Karaiskakis,
PLANNING
r
**VIA EMAIL**
Thank you for circulating the County regarding the above -noted application. It is County planning
staff's understanding that the applicant is seeking relief from Section 5.27 of Zoning By-law 97-95 to
permit a reduction in the minimum required setback from the limit of an Environmental Protection Zone
from 30 metres to 10 metres to facilitate the construction of a new agricultural building on an existing lot
of record located at 1197 Penetanguishene Road.
The subject lands are designated Agricultural and Greenlands, per Schedule 5.1 — Land Use
Designations to the Simcoe County Official Plan (SCOP). Agricultural uses are permitted uses in both
of these designations. The west side of the property is developed with a detached dwelling and
accessory buildings. However, the majority of the property is wooded and contains evaluated wetlands,
unevaluated wetlands, and a stream. The application is therefore subject to the Natural Heritage
policies of the Growth Plan. A large portion of the site is regulated by the Nottawasaga Valley
Conservation Authority. County staff would support the NVCA's requirement for any environmental
evaluation of the subject lands.
Staff note that Section 4.2.4.4 b) states that new buildings and structures for agricultural uses,
agriculture -related uses, or on-farm diversified uses will not be required to undertake a natural heritage
or hydrologic evaluation if a minimum 30 metre vegetation protection zone is provided from a key
natural heritage feature or key natural hydrologic feature. The County has no objection to the approval
of this application provided that the Township is satisfied that the application has adequately addressed
Sections 4.2.3 and 4.2.4 of the Growth Plan and subject to the applicant obtaining any necessary
permits that might be required from the NVCA.
Please circulate a copy of the Notice of Decision. If you have any questions, please do not hesitate to
contact the undersigned at 705-726-9300 x1970 or anna.dankewich(o)-simcoe.ca
Page 1 of 2
Page 218 of 300
6.g) 6:30 p.m. Report No. DS2019-9, Todd Weatherell, Intermediate Planne...
Sincerely,
The Corporation of the County of Simcoe
Anna Dankewich
Planner II
cc: Emma Perry, Planner — Nottawasaga Valley Conservation Authority
Dan Amadio, Manager of Planning — County of Simcoe
Page 219 of 300
Page 2of2
Minor Variance 2019-A-03 (Miller)
Location:
1197 Penetanguishene Road
Zoning:
Agricultural/Rural (A/RU) &
Environmental Protection (EP)
Official Plan:
`Agricultural' and
`Environmental Protection One and Two'
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Minor Variance 2019-A-03 (Miller)
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Minor Variance 2019-A-03 (Miller
Recommendation: Approval a,
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1. That Report No. DS2019-009 be received and adopted.
2. That Minor Variance Application 2019-A-03 by Brent and Jennifer Miller, specifically to construct anew
agricultural building with a 10.0 metre (32.8 feet) setback from the limit of the Environmental Protection (EP)(D
Zone, be approved. 0
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3. That the following conditions be imposed on the Committee's decision:
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a) That notwithstanding Section 5.27 of Zoning By-law 97-95, the proposed agricultural building shall otherwise o
comply with all other applicable provisions of the Zoning By-law;
b) That the proposed agricultural building 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 prior to obtaining a Building Permit from the Township the applicant satisfy any permits and/or approvals, Q
if required, from the Nottawasaga Valley Conservation Authority;
d) That the appropriate Zoning Certificate and Building Permit be obtained only after the Committee's decision
becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
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8.a) Report No. DS2018-125,-fD r, velopment Services...
Report Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2018-125
Development Services
Andria Leigh, Director
Committee
Development Services
Meeting Date:
Subject:
Motion #
January 2, 2019
Consent Application
2018-B-32 (NVCA)
Line 2 North
Roll #:
R.M.S. Files #:
4346-010-001-16215
D10-55782
Recommendation(s): Requires Action For Information Only
It is recommended:
1. That Report No. DS2018-125 be received and adopted.
The Development Services Committee grant provisional consent to
Application 2018-13-32 to convey a parcel possessing a frontage of
approximately 129 metres (423 feet) and an area of approximately 1.2
hectares (2.96 acres) being an application to permit a boundary adjustment,
subject to the following conditions:
a) That the severed lands be merged in title with the abutting property to the
north, and that the provisions of Sections 50(3) and 50(5) of the Planning Act
apply to any subsequent conveyance of, or other transaction involving, the
identical subject parcels of land. Therefore, once the subject parcels of land
have been conveyed to the owner of the abutting parcel, the subject parcels
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 to implement the conveyance
will be taken to implement the conveyance and to consolidate the parcels to
one Property Identification Number.
b) That one copy of a Registered Reference Plan of the subject lands indicating
the severed parcels be prepared by an Ontario Land Surveyor be submitted
to the Secretary -Treasurer;
c) That the applicant's solicitor prepare and submit a copy of the proposed
conveyances for the parcels severed, for review by the Municipality;
d) That all municipal taxes be paid to the Township of Oro-Medonte;
e) 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
f) That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice of decisions (Approval shall lapse
where the conditions have not been fulfilled within one year of being imposed
and/or two years from the date of the certificate if the transaction has not been
Development Services January 2, 2019
Report No. DS2018-125 Page 1 of 9
Page 232 of 300
8.af)nRQp&fit f► -j 031WAServices...
noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O.
1990) shall cause the applications to lapse and render this Decision null
and void.
3. And that the applicant be advised of the Development Services Committee's
decision under the Secretary -Treasurer's signature.
Background:
The subject lands are located south of Caldwell Drive and west of Line 2 North (refer to
Schedules 1 and 2 to this report). Surrounding land uses predominately consist of
residential uses to the north, a Provincially significant wetland to the east, commercial
uses to the south and east, and Highway 11 to the south.
Consent Application 2018-B-32 is for the purpose of a boundary adjustment to sever
and merge land as follows:
The Location Map and sketch below identifies the Surplus Lands that are proposed to be
severed from the NVCA ownership and added through a boundary adjustment (lot
addition) to 19 Caldwell Drive. The applicant's consent sketch is attached as Schedule
3.
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.
Based on the above, the proposed boundary adjustment is consistent with the
Provincial Policv Statement.
Development Services January 2, 2019
Report No. DS2018-125 Page 2 of 9
Page 233 of 300
Lands to be Severed
Lands to be
Total Merged Lands
Retained
(Receiving Lands -19 Caldwell
Drive)
Frontage/
129 m. (423 ft.)
314.0 m.
60 m. (197 ft.)
Width
(1030.4 ft,)
(Approx.)
Depth
100 m. (328 ft.)
757.7 m.
Irregular
(Approx.)(
2485.91 ft.
Area
1.2 ha (2.96 ac.)
11.86 ha
1.7 ha (4.22 ac.)
(Approx.)(
29.32 ac.
The Location Map and sketch below identifies the Surplus Lands that are proposed to be
severed from the NVCA ownership and added through a boundary adjustment (lot
addition) to 19 Caldwell Drive. The applicant's consent sketch is attached as Schedule
3.
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.
Based on the above, the proposed boundary adjustment is consistent with the
Provincial Policv Statement.
Development Services January 2, 2019
Report No. DS2018-125 Page 2 of 9
Page 233 of 300
8.a) Report No. DS2018-125, Andria Leigh, Director, Development Services...
Growth Plan for the Greater Golden Horseshoe
The Growth Plan for the Greater Golden Horseshoe (2017) provides a long-term plan to
manage growth and protect the natural environment. Section 2.2.9 Rural Areas is
applicable to this application. This section has been reviewed and Planning Staff is of
the opinion that the proposed application conforms to this section as the application will
not result in any new lot or new development and therefore will not adversely affect the
protection of agricultural uses as these are not located in the immediate vicinity.
Section 4.2.6 Agricultural System has also been evaluated in regards to the proposed
application and Planning Staff is of the opinion that the Growth Plan's objectives of
protecting agricultural lands for long-term agricultural use will continue to be met and
this application, if approved, will not have a negative impact on the Province's
Agricultural System as the lands subject to the boundary adjustment are surrounded by
non-agricultural uses.
Based on the Province of Ontario's natural heritage system mapping, the proposed
severed and merged lands are located within the Natural Heritage System and contain
woodlands. In reviewing the aerial mapping and attending the site and surrounding
area, this woodland feature relates to the hedge row located along the western property
boundary of the lands to be severed and is not affected by the proposed application.
The lands to be retained by the NVCA contain key natural heritage features, both
woodland and provincially significant wetland and unevaluated wetland feature and a
hydrologic feature being a watercourse that crosses the lands. As a result, Section
4.2.3 Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage
Features and Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural
Heritage Features are also applicable to these applications. Pursuant to the above -
referenced policies, development or site alteration:
• Is not permitted in Key Hydrologic Features and Key Natural Heritage Features;
and
• May be permitted adjacent to such features, subject to a natural heritage
evaluation that identifies a vegetation protection zone.
The Growth Plan defines development and site alteration as:
Development:
The creation of a new lot, a change in land use, or the construction of buildings and
structures requiring approval under the Planning Act, but does not include:
a) activities that create or maintain infrastructure authorized under an environmental
assessment process; or
b) works subject to the Drainage Act.
Site Alteration:
Activities, such as grading, excavation and the placement of fill that would change
the landform and natural vegetative characteristics of a site.
Having considered the above -noted policies and definitions, Planning Staff is of the
opinion that since there will be no new lot created, no changes in land use, no buildings
Development Services January 2, 2019
Report No. DS2018-125 Page 3 of 9
Page 234 of 300
constru§A i2 tKQaltQF%?&1 §s s6t-9rtRs@i liPAfi%A0, lfhLDpMt&Went Services
boundary adjustment is permitted, and a natural heritage evaluation is not required and
further that the application conforms to the Natural Heritage System policies of the
Growth Plan. As stated in the application submitted by the NVCA, the intent of the
boundary adjustment is to convey the lands that are not the subject of the natural
heritage features to the adjacent landowner while ensuring that the natural heritage
features and the lands as a whole continue to be owned and managed by the NVCA.
County of Simcoe Official Plan
The lands to be severed and merged are designated "Agricultural" and the retained
lands are designated "Greenlands" in the County of Simcoe Official Plan. Section 3.3.5
of the County's Official Plan contains policies relating to the boundary adjustment and
states that "consents for the purposes of legal and technical reasons and consolidation
of land holdings may be permitted but shall not be for the purpose of creating new lots."
The purpose of this application is to reconfigure the lot lines between two parcels that
would merge the "Agricultural" designated lands with the adjacent residential property
and would not create any new lots but would increase the size of an existing residential
lot.
The County has been circulated the subject applications and at the time of writing of this
report, comments have yet to be received by Township staff and the Committee should
have regard to any County comments that may be received. However, Township
Planning Staff is of the opinion that the application conforms to the County of Simcoe
Official Plan.
Township of Oro-Medonte Official Plan
The lands to be severed and merged are designated "Rural Residential" and the
retained lands are designated "Environmental Protection One" in accordance with
"Schedule A— Land Use" of the Township's Official Plan.
Neither the policies of the Agricultural or Environmental Protection One designations
specifically address boundary adjustments, but policy guidance with respect to
boundary adjustments is found in Section D2.2.2 of the Oro-Medonte Official Plan.
Section D2.2.2 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 lands to be severed are not currently under cultivation or suitable for cultivation and
therefore the proposed boundary adjustment would not take any agricultural land out of
production. In addition, as noted above, the intent of the boundary adjustment is to
convey the lands to the adjacent property that do not contain any natural heritage
features. Planning Staff is of the opinion that this application, if approved, will not
negatively affecting the functionality or viability of the retained parcel.
On the basis of the preceding, it is Planning Staff's opinion that the application conforms
to the Township's Official Plan.
Development Services January 2, 2019
Report No. DS2018-125 Page 4 of 9
Page 235 of 300
TownsAtp* J5 ALadria Leigh, Director, Development Services...
The lands proposed to be severed are zoned Agricultural/Rural (A/RU) while the
retained lands are zoned Environmental Protection (EP). The severed lands are
intended to be merged with the adjacent parcel which is zoned Rural Residential 1
(RUR1) in the Township Zoning By-law 97-95 (refer to Schedule 3). The lot
configuration that would result from this application, if approved, would comply with the
lot frontage and lot area provisions of the Zoning By-law. In addition, there are multiple
properties within the Township that contain multiple zone categories. Given the lot
configuration and staff's discussion with the property owner receiving the lands from the
NVCA; it is not anticipated that buildings will be constructed on these lands that are
being added to the Caldwell Drive property. In the event that construction of buildings is
proposed in the future they would be required to comply with the applicable zone
provisions of that portion of the property and therefore it is not necessary to rezone
these lands at this time. In the interest of continued protection of the natural heritage
features in the area, it is appropriate that the Environmental Protection (EP) zoned
lands be retained in their entirety under the authority of the NVCA.
Based on the above, this application would comply with the provisions as prescribed by
the Zoning By-law.
Planning Act, R; S.4. 1990, c. P.13
Section 51 (24) of the Planning Act contains criteria that an approval authority must
have regard to when considering a plan of subdivision or a consent application (if no
subdivision is required). Planning Staff, having had regard to Section 51(24) is satisfied
that consent applications meet the requirements of the Planning Act and that no plan of
subdivision is required as this is a boundary adjustment and no new lot creation is
proposed.
Financial / Legal Implications / Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeals Tribunal (LPAT) 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, 2017
• 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 January 2, 2019
Report No. DS2018-125 Page 5 of 9
Page 236 of 300
ces...
The Township's following Strategic Goals are relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
• Encourage the protection of the Township's natural heritage features while
ensuring that uses that rely on these features such as home-based businesses,
recreation, and tourism are promoted and strengthened.
Consultations:
Notices of this application was circulated to the public and to various review agencies
and Township departments listed below. Public notice signs were also posted on the
subject lands. As of the preparation of this report, no public comments have been
received. Agency/department comments received as of the preparation of this report
are summarized below.
• Operations Staff —no objections or further comments on this application.
• Building Staff — no comments.
• Manager, Development Engineering - no objection.
• Simcoe County District School Board — no objection.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicants Consent (Boundary Adjustment) Sketch
Conclusion:
Planning Staff recommends that Consent Application 2018-B-32 be approved, subject
to the recommended conditions of consent for the reasons that the application conforms
to the Provincial Policy Statement 2014 and Growth Plan 2017 policies, conforms to the
Official Plans for the County of Simcoe and Township of Oro-Medonte, and satisfies the
requirements of Section 51(24) of the Planning Act.
Respectfully submitted:
Andria Leigh,R P
Director, Development Services
SMT Approval 1 Comments:
Development Services January 2, 2019
Report No. DS2018-125 Page 6 of 9
Page 237 of 300
8.a) Report No. DS2018-125, Andria Leigh, Director, Development Services...
Schedule 1-`'
Location
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Tnra+ersJri n(
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i` Subject Lands
Proud Heritage, Exciting Feeture
0 100 200 m
File Number: 2018-6-32
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Development Services January 2, 2019
Report No. DS2018-125 Page 7 of 9
Page 238 of 300
8.a) Report No. DS2018-125, Andria Leigh, Director, Development Services...
Schedule 2
Aerial Photo
MSubject Lands
File Number.. 2018-B-32
Development Services
Report No. DS2018-125
Proud Heritage, ixrid7Rq FIEfllre
a 0 100 M
January 2, 2019
Page 8 of 9
Page 239 of 300
8.a) Report No. DS2018-125, Andria Leigh, Director, Development Services...
Schedule 3 -- Applicant's Consent Sketch
Development Services January 2, 2019
Report No. DS2018-125 Page 9 of 9
Page 240 of 300
Line 2, Oro Medonte -
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� Date: 12 -Nov - 2018
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Development Services January 2, 2019
Report No. DS2018-125 Page 9 of 9
Page 240 of 300
8.b) Report No. DS2018-129,�W#41 er, Planning Services re:...
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2018-129
Development Services
Derek Witlib, Manager
Committee
Planning Services
Meeting Date:
Subject:
Motion #
January 2, 2019
Consent Application
2018-B-33
by Cedarbank Holdings Ltd.
703 Line 2 North
Roll #:
4346-010-001-16900
R.M.S. File #:
D10-56061
Recommendation(s): Requires Action For Information Only
It is recommended:
1. That Report DS2018-129 be received and adopted;
2. That the Development Services Committee approve Consent Application 2018-13-
33 to grant an easement measuring approximately 12.2 metres (40 feet) by 109
metres (360 feet) wide and possessing an area of approximately 0.13 hectares
(0.33 acres) over a 0.72 hectares (1.8 acres) residential lot parcel in favour of
abutting lands for access and utility purposes.
3. 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 which
conforms substantially with the application as submitted.
4. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the easement, for review by the Municipality and for use for the
issuance of the certificate of consent.
5. That all municipal taxes be paid to the Township of Oro-Medonte.
6. That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of
the Planning Act R.S.O. 1990, without qualification.
7. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice of decision (Approval shall lapse
where the conditions have not been fulfilled within one year of being imposed
and/or two years from the date of the certificate if the transaction has not been
finalized.). WARNING: Failing to fulfil the conditions within the above -noted
statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990)
shall cause the application to lapse and render this Decision null and void.
8. And That the applicant be advised of the Committee's decision under the
Secretary -Treasurer's signature.
Background:
The applicant's lot, which was approved in 2017 and was registered in 2018 pursuant to
consent application 2017-8-27, contains a long -existing farm lane that provides access
Development Services
Report No. DS2018-129
January 2, 2019
Page 1 of 6
Page 241 of 300
from Lir NF�yM4gfkf 1�Qi� fi�2a��r�� rci� Yt�%�ro%&ts§
lgrp%es re:
easement to accommodate continued access across the lot to the farm lands, utilizing
the existing farm lane. A Location Map and the applicant's consent sketch are included
as Schedules 1 and 2 to this report. This application is solely for the purpose of
creating an easement and would not result in a new lot. The particulars of the
application are described in the table below:
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 easements which do not result in the creation of a
new lot.
The policies of the Growth Plan for the Greater Golden Horseshoe (2017) have been
reviewed and do not affect this application, since the proposed easement does not
represent "development" as defined by the Growth Plan.
Based on the above, the proposed boundary adjustment conforms to applicable
Provincial policies.
County of Simcoe Official Plan
The subject lands are designated "Greenlands" 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 3.3.5 states that "consents for the
purpose of legal or technical reasons and consolidation of land holdings may be
permitted but shall not be for the purpose of creating new lots except as otherwise
permitted in this Plan, Provincial policies and legislation". Legal or Technical Reasons
means severances for purposes such as easements, corrections of deeds, quit claims,
and other minor boundary adjustments, which do not result in the creation of a new lot.
Planning Staff is of the opinion that this application for an easement conforms to the
County Official Plan as it does not result in the creation of a new lot.
Development Services January 2, 2019
Report No. DS2018-129 Page 2 of 6
Page 242 of 300
Portion of Subject Lands affected
Subject Lands
by Proposed Easement/ Right of
Way
Frontage
12.2 m. (40 ft.)
67 m. (220 ft.)
(Approx.)
Depth (Approx.)
109 m. (360 ft.)
109 m. (360 ft.)
Area
0.13 ha (0.33 ac.)
0.72 ha (1.8 ac.)
(Approx.)
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 easements which do not result in the creation of a
new lot.
The policies of the Growth Plan for the Greater Golden Horseshoe (2017) have been
reviewed and do not affect this application, since the proposed easement does not
represent "development" as defined by the Growth Plan.
Based on the above, the proposed boundary adjustment conforms to applicable
Provincial policies.
County of Simcoe Official Plan
The subject lands are designated "Greenlands" 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 3.3.5 states that "consents for the
purpose of legal or technical reasons and consolidation of land holdings may be
permitted but shall not be for the purpose of creating new lots except as otherwise
permitted in this Plan, Provincial policies and legislation". Legal or Technical Reasons
means severances for purposes such as easements, corrections of deeds, quit claims,
and other minor boundary adjustments, which do not result in the creation of a new lot.
Planning Staff is of the opinion that this application for an easement conforms to the
County Official Plan as it does not result in the creation of a new lot.
Development Services January 2, 2019
Report No. DS2018-129 Page 2 of 6
Page 242 of 300
No Cou7it�brYrr�s' P��av�% 1Lc�tis�oth� "pepr'atlonaohrisPepor�la�d%e�ices re:...
Committee should have consideration for any County comments that may be received.
Township of Oro-Medonte Official Plan
The subject lands is designated "Agricultural" in accordance with "Schedule A — Land
Use" of the Township's Official Plan and the policies of the "Agricultural" designation
(Section C1) are highly restrictive with respect to lot creation. However, neither the
Agricultural policies of Section C1 or the general consent policies of Section D2 make
reference to easements. In Planning Staff's opinion, the Official Plan's silence with
respect to easements does not prevent easements from being considered and
approved, provided that the purpose of the easement conforms with the purpose and
intent of the Official Plan. The proposed easement would support continued access to
lands for agricultural purposes and would not result in the creation of a new lot.
Therefore, in Staff's opinion, this application conforms to the Official Plan.
Township's Zoning Bylaw 97-95, as amended
The subject lands are zoned Agricultural/Rural (A/RU) in the Township Zoning By-law
97-95. The proposed easement would not affect the dimensions of any lots, and both
the applicant's lot and the benefitting agricultural parcel would continue to comply with
the provisions and permitted uses of the zoning By-law. The agriculturally -used lands
that would benefit from the proposed easement are not land -locked and would continue
to possess approximately 347 metres (1,138 feet) of frontage along Line 2 North.
Financial I Legal Implications 1 Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeals Tribunal (LPAT) 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, 2017
• 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:
Planning Staff is of the opinion that this application is consistent with following Township
Strategic Goals:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic activity
that does not negatively impact the Township's natural heritage features and
attributes.
Development Services January 2, 2019
Report No. DS2018-129 Page 3 of 6
Page 243 of 300
8.b) Report No. DS2018-129, Derek Witlib, Manager, Planning Services re:...
[—Consultations:
Notice of this application was circulated to the public and to applicable review agencies
and Township departments. A Public notice sign was also posted on the subject lands.
As of the preparation of this report, the following comments have been received:
• Building Division — no concerns.
• Development Engineering Division — no objection
• Operations Division — no objection, entrance permit required for any new entrance.
• Simcoe County District School Board — no objection
• Bell Canada — no concerns
Attachments:
Schedule 1: Location Map
Schedule 2: Applicant's Sketch
Conclusion:
In the opinion of the Planning Staff, application 2018-B-33 should be approved for the
reasons that it is consistent with the Provincial Policy Statement 2014, conforms to the
Growth Plan 2017, conforms to the Official Plans for the County and the Township, and
complies with the criteria in Section 51(24) of the Planning Act.
Prepared by:
Derek Witlib, RPP
Manager, Planning Services
SMT Approval 1 Comments:
Development Services January 2, 2019
Report No. DS2018-129 Page 4 of 6
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Sched&W: Rgppg I@ QS2018-129, Derek Witlib, Manager, Planning Services re:...
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File Number: 2048.8-33 N
Development Services
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January 2, 2019
Page 5 of 6
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8.b) Report No. DS2018-129, Derek Witlib, Manager, Planning Services re:...
Schedule 2: Applicant's Sketch
Development Services January 2, 2019
Report No. DS2018-129 Page 6 of 6
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8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
Township o?
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-004
Development Services
Andy Karaiskakis, Senior
Committee
Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Zoning By-law Amendment
Application 2018-ZBA-17 by
Davtech Industries Ltd.
Roll #:
R.M.S. File #:
4346-010-009-01600
2907 Highway 11 North
D14-55880
Township of Oro-Medonte
Recommendation Requires Action For Information Only
It is recommended:
That Report DS2019-004 regarding Zoning By-law Amendment Application 2018-
ZBA-17 by Davtech Industries Limited, applying to lands municipally known as 2907
Highway 11 North, Township of Ora-Medonte, be received and adopted;
2. That Zoning By-law Amendment Application 2018-ZBA-17, that would rezone the
subject lands from the "General Commercial Exception 32 (GC*32) Zone" to
"General Commercial Exception 293 Holding (GC*293(H)) Zone" and
"Environmental Protection (EP) Zone" on Schedule A10 to Zoning By-law No. 97-95,
as amended, be approved;
3. That the required Holding (H) Provision not be removed from the zoning of the
subject lands until such time as the appropriate Site Pian is approved by the
Township, the related Site Plan Agreement is registered and the Township has
received the securities identified in the Site Plan Agreement;
4. That the Deputy Clerk bring forward the appropriate Zoning By-law Amendment for
the Development Service's Committee's consideration; and,
5. And that the applicant be advised of the decision under the Director, Development
Services signature.
Background:
On September 28, 2018, the applicant submitted the subject Zoning By-law Amendment
application to the Township to permit an addition to the main building on the subject
lands. The application was deemed complete and was subsequently circulated to
relevant Township departments and external agencies for review and comment. A
Development Services February 6, 2019
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c� RP opt No. DS20 n% u And Karaiskakis Senior Planner re: Zoning ...
statutory F ubCic IVf eting was held on January 2, 2019 to receive comments from
members of the Committee and the public with regards to the proposed development.
No members of the public attended the Public Meeting and no concerns were raised by
staff or members of the Committee.
Property Description
The subject lands are located on the south side of Highway 11 North, within the Oro
Centre Secondary Plan Area and have a lot area of approximately 1.5 hectares (3.7
acres) with a frontage along Highway 11 North of approximately 73.5 metres (241.1
feet). The lands currently contain several metal clad buildings used for retail and
storage associated with maple syrup equipment sales and abut Highway 11 North to the
north, commercial uses to the east, agricultural lands to the south and vacant land to
the west (refer to Schedules 1 and 2).
Development Proposal
The purpose of this report is to consider the application made by Davtech Industries Ltd.
to:
• rezone the subject lands from "General Commercial Exception 32 (GC*32) Zone"
to "General Commercial Exception Holding (GC*(H)) Zone" and "Environmental
Protection (EP) Zone" to permit an addition to the main building; and,
• establish site-specific zoning provisions for the purposes of accommodating the
addition.
The applicant is proposing to construct an addition to the main building having a floor
area of 836 square metres (9,000 square feet) and will accommodate storage of
material and supplies. The proposed addition will enable the removal of the most
westerly storage shed and several storage containers on the property (refer to Schedule
3).
The applicant has submitted the following documents/information to the Township in
support of the proposed development:
• Planning Justification Report, Morgan Planning & Development Inc., September 25,
2018;
• Site Plan, Morgan Planning & Development Inc., September 27, 2018;
• Natural Heritage Evaluation, Palmer Environmental Consulting Group Inc.,
September 26, 2018; and,
• Draft amendment to the Zoning By-law.
This report reviews the comments made by agencies and the public with respect to the
application during the public consultation process and provides recommendations to the
Committee with respect to the Zoning By-law Amendment application.
Development Services February 6, 2019
Report No. DS2019-004 Page 2 of 14
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Analysis:
ing ...
Planning Staff has reviewed the proposed Zoning By-law Amendment application in the
context to relevant Provincial, County of Simcoe and Township of Oro-Medonte
planning policies, as detailed below.
Provincial Policy Statement 2014 (PPS)
The Provincial Policy Statement 2014 (PPS) provides direction on matters of Provincial
interest related to land use planning and development. Planning applications are
required to be consistent with the PPS. The PPS has been reviewed in its entirety as it
relates to the proposed development and the relevant sections are reviewed in this
section of the report.
Section 1 of the PPS focuses on the health and resilience of Ontario Communities and
Section 1.1 contains policies for managing and directing land use to achieve efficient
and resilient development and land use patterns, and states:
1.1.1 Healthy, liveable and safe communities are sustained by... accommodating an
appropriate range and mix of residential (including second units, affordable housing and
housing for older persons), employment (including industrial and commercial),
institutional (including places of worship, cemeteries and long-term care homes),
recreation, park and open space, and other uses to meet long-term needs."
In accordance with the policies of Section 1 of the PPS, the applicant's property is
located within Rural Areas. The following PPS policies are applicable to the application:
1.1.4.1 Healthy, integrated and viable rural areas should be supported by:
a) building upon rural character, and leveraging rural amenities and assets;
b) promoting regeneration, including the redevelopment of brownfield sites;
c) accommodating an appropriate range and mix of housing in rural
settlement areas;
d) encouraging the conservation and redevelopment of existing rural
housing stock on rural lands;
e) using rural infrastructure and public service facilities efficiently;
f) promoting diversification of the economic base and employment
opportunities through goods and services, including value-added
products and the sustainable management or use of resources;
g) providing opportunities for sustainable and diversified tourism, including
leveraging historical, cultural and natural assets;
h) conserving biodiversity and considering the ecological benefits provided
by nature; and,
i) providing opportunities for economic activities in prime agricultural areas,
in accordance with policy 2.3.
Section 1.3.1 of the PPS pertains to employment and states that planning authorities
shall promote economic development and competitiveness by:
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8. ) Reg�rt I o. DS2019-004, Andy Karaiskakis Senior Planner re. Zoning ...
a� prove ing or an appropriate mix and range of employment and
institutional uses to meet long-term needs;
b) providing opportunities for a diversified economic base and a range and
choice of sites for employment uses;
c) encouraging compact, mixed use development that incorporates
compatible employment uses to support livable and resilient
communities; and,
d) ensuring the necessary infrastructure is provided to support current and
projected needs.
Section 1.3.2 of the PPS pertains to employment areas and states that planning
authorities shall plan for, protect and preserve employment areas for current and future
uses and ensure that the necessary infrastructure is provided to support current and
projected needs. It also states that planning authorities shall protect employment areas
in proximity to major goods movement facilities and corridors for employment uses that
require those locations.
Section 1.6 of the PPS provides policies that pertain to Infrastructure and Public Service
Facilities. The Sewage, Water and Stormwater policies of the PPS promote the efficient
use and optimization of existing municipal water services and municipal sewage
services.
Section 2 of the PPS contains policies pertaining to the Wise Use and Management of
Resources. Specifically, Section 2.1 provides Natural Heritage policies that require
natural features and areas be protected for the long term and that development and site
alteration shall not be permitted in natural heritage features such as significant
wetlands, significant woodlands and significant wildlife habitat.
It is Planning Staff's opinion that the Zoning By-law Amendment application is
consistent with the Provincial Policy Statement, and this position is supported by the
applicant's Registered Professional Planner as detailed in the Planning Justification
Report that was submitted with the application, on the basis of the following:
• the subject property is located within the Oro Centre Secondary Plan Area which
is a focal point of employment generating growth within the Township;
• the portion of the property where the building addition is proposed is designated
Oro Centre Limited Service Industrial which permits the minor expansion of the
existing use;
• the proposed development would enable the continued growth of a well-
established employment use;
• the subject property benefits from being adjacent to Highway 11 North, a major
transportation corridor, to strengthen its existing retail use;
• the proposal promotes diversification of the economic base and employment
opportunities through goods and services being sold on the subject lands;
• the subject property is currently serviced by private on-site water and sewage
services. A septic verification or septic permit will be required to be submitted at
the time of Building Permit application to verify the capacity or suitability of the
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exisfin)gon-site sewage system to04ccom4oda ettihe proposed bu lding addition; Zoning ...
and,
the subject lands contain natural heritage features which are proposed to be
protected through the implementation of a 15 metre (49.2 feet) setback from the
wetland boundary and 15 metres from the top of bank of Shelswell's Creek which
will also include restoration planting as identified by the applicant's Natural
Heritage Evaluation. These feature will be placed in an Environmental Protection
(EP) zone to further protect these features from development.
Growth Plan for the Greater Golden Horseshoe 2017
The Growth Plan for the Greater Golden Horseshoe 2017 ("Growth Plan") contains
policies and targets to foster development of compact communities and promote growth
and economic development. The Growth Plan directs most forms of development to
settlement areas in order to protect and manage, as part of planning for future growth,
the natural heritage features and areas, irreplaceable cultural heritage sites, and
valuable renewable and non-renewable resource (including rural areas) that are
essential for the long-term economic prosperity, quality of life, and environmental health
of a region.
Section 2.2.9 Rural Areas is applicable to this application as it provides provisions that
allow for development to occur outside of settlement areas in site specific locations with
approved designations. These policies state that "development outside of settlement
areas may be permitted in rural lands for;
a) the management or use of resources;
b) resource-based recreational uses; and,
c) other rural land uses that are not appropriate in settlement areas provided they:
i) are compatible with the rural landscape and surrounding local land uses;
ii) will be sustained by rural service levels; and,
iii) will not adversely affect the protection of agricultural uses and other
resource-based uses such as mineral aggregate operations.
Section 2.2.5 Employment states that economic development and competitiveness will
be promoted by ensuring sufficient land exists for employment opportunities to
accommodate employment growth and by integrating land use planning and economic
development goals and strategies to retain and attract investment and employment. The
applicant's proposal will facilitate and promote economic development and will assist in
contributing toward Oro Centre becoming a focal point of employment.
Section 3.2 Infrastructure to Support Growth states that existing and planned
infrastructure is sought that will optimize growth to 2031 and beyond. Infrastructure
includes, but is not limited to, transit, transportation corridors, water and wastewater
systems, waste management systems, stormwater management systems and
community infrastructure. Infrastructure and services levels in Oro Centre are adequate
and in Planning Staff's opinion, future planned infrastructure would not be encumbered
if the proposed development is permitted to proceed at this time.
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Section 4 Wro 5eirfgVhaFrs%uaa0ble -004iUAs Tof ke ige' nMiica�bn ands protection oire
natural heritage features and cultural heritage resources. Based on the Province of
Ontario's natural heritage system mapping, the subject lands contain a small woodland
feature and a non -provincially significant wetland as illustrated on Schedule 4 to this
report. The wetland feature is related to Shelswell's Creek and includes associated
vegetation communities.
Section 4.2.3 Key Hydrological Features, Key Hydrologic Areas and Key Natural
Heritage Features of the Growth Plan limits development and site alteration outside of
settlement areas. Section 4.2.3.1(e) of the Growth Plan states:
1. Outside of settlement areas, development or site alteration is not permitted in key
natural heritage features that are part of the Natural Heritage System or in key
hydrologic features, except for:
e) expansions to existing buildings and structures, accessory structures and uses,
and conversions of legally existing uses which bring the use more into conformity
with this Plan, subject to demonstration that the use does not expand into the key
hydrologic feature or key natural heritage feature or vegetative protection zone
unless there is no other alternative, in which case any expansion will be limited in
scope and kept within close geographical proximity to the existing structure."
Although the proposed addition to the main building will be located within 120 metres of
a key natural heritage feature, the addition will be located approximately 45 metres from
the non -provincially significant wetland. Section 4.2.4 Lands Adjacent to Key Hydrologic
Features and Key Natural Heritage Features of the Growth Plan states:
"Outside settlement areas, a proposal for new development or site alteration
within 120 metres of a key natural heritage feature within the Natural Heritage
System or a key hydrological feature will require a natural heritage evaluation or
hydrological evaluation that identifies a vegetation protection zone, which:
a) Is of sufficient width to protect the key natural heritage feature or key
hydrological feature and its functions from the impacts of the proposed
change;
b) Is established to achieve and be maintained as natural self-sustaining
vegetation; and
c) For key hydrologic features, fish habitat, and significant woodlands, is no less
than 30 metres measured from the outside boundary of the key natural
heritage feature or key hydrological feature." (p. 44 of the Growth Plan for the
Greater Golden Horseshoe, 2017)
The applicant has submitted a Natural Heritage Evaluation (NHE) which documented
the natural heritage features of the property and provided an evaluation of the potential
natural heritage impacts associated with the proposed development. The NHE
concluded that the expected impacts of the proposed building addition to the adjacent
environmental features will be unchanged. The NHE recommends that measures be
incorporated into the final designs of the development that will prevent additional flows
of generated surface water from the increase in impervious roof surfaces. Such
measures can include incorporation of Low Impact Development (LID) designs to
maintain the existing surface water inputs into Shelswell's Creek and the overall water
balance of Shelswell's Creek and its associated wetland community. The NHE also
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Zoning ...
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning
recommends that the lands comprising the proposed top of bank setback be restored to
enhance the quality and function of their intended purpose to buffer potential impacts
from the proposed development. The NHE further identifies that a planting plan be
prepared that incorporates vegetation native to the region to assist in improving the
structural stability of the existing steeply sloping bank towards Shelswell's Creek. The
Lake Simcoe Region Conservation Authority was circulated the subject application who
provided comments on the applicant's NHE and Restoration Planting Plan which will be
addressed through the Site Plan Application review process.
It is Planning Staff's opinion that the Zoning By-law Amendment application conforms to
the Growth Plan, and this position is supported by the applicant's Registered
Professional Planner as detailed in the Planning Justification Report that was submitted
with the application, on the basis of the following:
• the development would contribute to the mix and range of land uses within the
Oro Centre and promote economic development;
• the subject lands is adjacent to Highway 11 North, a major transportation corridor
in the region. The lands are also in close proximity to the Lake Simcoe Regional
Airport which is an increasingly important service within the region. The proposed
redevelopment would enable an existing employment generating use to expand
its operations within a designation employment/industrial area;
• a Natural Heritage Evaluation (NHE) and a Restoration Planting Plan were
prepared and submitted in support of the development proposal. The NHE
recommends a setback of 15 metres from wetland boundary and 15 metres from
the top of bank of Shelswell's Creek which will also include restoration planting
as identified by the applicant's NHE. These feature will be placed in an
Environmental Protection (EP) Zone to further protect these features from
development; and,
• the proposed building addition is permitted by Growth Plan Section 4.2.3.1(e) as
the use is legally existing and the addition will not expand into the natural
heritage features.
County of Simcoe Official Plan
The subject lands are designated "Rural' and "Greenlands" in the Simcoe County
Official Plan (SCOP). The proposed development is located within the Rural
designation. Section 3.7 of the SCOP contains policies that provide guidance for growth
and development in the Rural designation:
3.7.1 To recognize, preserve and protect the rural character and promote long-
term diversity and viability of rural economic activities.
3.7.2 To encourage maintenance, protection and restoration of significant natural
heritage features and functions...
3.7.4 The following are permitted in the Rural designation... g) other rural land
uses.
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8.c Re ort No. DS2019-004, Andv Karaiskakis Senior Planner re. Zoning ...
3.7.5 Ot er r ra, land uses such as rural industrial and rural' commercial
development that cannot be located and are not appropriate in a settlement
area may be permitted in the Rural designation and also subject to the
following additional criteria. The proposed use must:
a) generate minimal traffic or be in the proximity of an arterial road or
highway;
b) have sewage and water service needs suitable for individual services;
c) not be located on prime agricultural lands except for land uses otherwise
permitted in the Agricultural designation;
d) for rural industrial uses...
e) for rural commercial uses, must primarily serve the travelling public and
tourists to the area on the basis of convenience and access.
3.7.6 Rural employment areas that are identified in local municipal official plans as
of November 25, 2008 may continue to be recognized, at the discretion of
the local municipality.
3.7.10 Development in rural areas should wherever possible be designed and sited
on a property so as to minimize adverse impacts on agricultural and to
minimize any negative impact on significant natural heritage features and
areas and cultural features.
Based on the above, it is Planning Staff's opinion that the Zoning By-law Amendment
application conforms to the County Official Plan on the basis of the following:
• SCOP policy 3.7.6 provides for development in rural employment areas that were
designated and zoned as of November 25, 2008 for development, which would
apply in this situation as the subject lands were/are designated and zoned for
commercial/industrial development; and,
• the applicant is proposing that the area of the property which is designated
"Greenlands" be rezoned from the existing "General Commercial Exception 32
(GC*32) Zone" to the "Environmental Protection (EP) Zone", bringing the
property into conformity with the policies of the SCOP.
Township of Ora-Medonte Official Plan
The subject lands are within the Oro Centre Secondary Plan Area and are designated
"Highway 11 Special Policy Area", "Oro Centre — Limited Service Industrial" and
"Environmental Protection" according to Schedule E — Oro Centre Secondary Plan Land
Use, which forms part of the Township of Oro-Medonte Official Plan (OP) (refer to
Schedule 5).
Section C17.1 contains detailed policies pertaining to Oro Centre including a number of
goals, strategic objectives and a development concept for infrastructure and land use in
the Oro Centre Secondary Plan Area, which include:
• to facilitate the development and redevelopment of Oro Centre in a
comprehensive and progressive manner;
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8.cl Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning
to pror`note "the evolution and growth of Oro Centre as a focal point of
employment generating development and redevelopment according to the
policies of the OP; and,
to ensure that the land uses developed within Oro Centre will complement and
contribute to the vitality of the entire Township.
The proposed development is located within the Oro Centre — Limited Service Industrial
designation. Section C17.2.4 of the OP contains policies that provide guidance for
development in the Oro Centre — Limited Service Industrial designation:
a) It is the intent of this Secondary Plan to designate areas that may not be serviced
with municipal or communal water/sewage services but that nonetheless can be
used for industrial uses that will contribute to the economic health of the
Township;
b) Permitted uses in the Limited Service Industrial designation are limited to outdoor
storage uses, trucking terminals and similar uses. It is intended that the lands in
this designation be primarily used for land extensive uses. The development of
buildings in this designation will be discouraged and the
implementing zoning by-law shall contain restrictions controlling the amount of
building that can be developed on a lot;
c) All outdoor storage areas shall be adequately screened from adjacent roadways;
d) Outdoor recreational uses such as baseball fields and soccer fields are also
permitted.
Section C17.7.2 provides direction on existing land uses throughout Oro Centre and the
ability for these uses to continue to exist in the short to mid-term, and in some cases, in
the long-term. Uses that existed prior to the approval of the Secondary Plan, such as
the use which exists on the applicant's land holdings, which do not conform with the
land use policies of the Secondary Plan, as noted above, shall be deemed to be legal
non -conforming uses.
Minor extensions or expansions of such uses shall be permitted without an Amendment
to the OP, provided that the intent of the OP is not compromised and the tests
prescribed below are met. In consideration of such matters, particular attention shall be
given to ensuring that:
i) the desire for communal water and sewage treatment facilities is not
compromised or precluded in the long-term by the expansion or change;
ii) the road pattern envisioned by this Plan is not compromised or precluded in the
long-term by the expansion or change;
iii) the expansion or change improves an existing and identified problem;
iv) that the proposed expansion or enlargement of the existing use shall not unduly
aggravate the situation created by the existence of the use, especially in regard
to the requirements of the zoning by-law;
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8.c cgort No.,019-004, Andy Karaiskakis, Senior Planner re
v) that t e c racteristics o DS?�the existing use and the extension or enlargement
shall be examined with regard to noise, vibration, fumes, smoke, dust, odour,
lighting, parking and traffic generation;
vi) that the neighbouring uses will be protected where necessary by the provisions
for landscaping, buffering or screening, devices and measures to reduce
nuisances and, where necessary, by regulations for alleviating adverse effects
caused by outside storage, lighting or advertising signs;
vii) provisions and regulations that may be applied to the proposed extension or
enlargement are extended, where feasible, to the existing use in order to
improve its compatibility with the surrounding area; and,
viii) that in all cases where an existing use seriously affects the amenity of the
surrounding area, consideration shall be given to the possibility of ameliorating
such conditions, as a condition of approving an application for extension or
enlargement of the existing use, especially where public health and welfare are
directly affected.
It is Planning Staff's opinion that the Zoning By-law Amendment application is in
conformity with the Townships Official Plan, and this position is supported by the
applicant's Registered Professional Planner as detailed in the Planning Justification
Report that was submitted with the application, on the basis of the following:
• as the use is already established on the subject lands, the proposed addition will
not compromise or preclude the long-term vision of establishing a communal
water and sewage treatment facilities in Oro Centre;
• the future planned road patterns envisioned by the OP would not be encumbered
if the proposed development is permitted to proceed at this time on the basis that
the proposed addition is a minor expansion to an existing use on the subject
lands and will utilize the existing access from Highway 11 North;
• it is appropriate that this development proceed as a stand-alone system on the
basis that the private servicing system will either be abandoned or form part of a
larger communal system servicing Oro Centre as development occurs;
• the proposed addition will meet and exceed the minimum required setbacks from
property lines, minimizing any negative impacts to the surrounding area;
• the Oro Centre Limited Service Industrial permits the continued retail and land
extensive storage needs of the existing use; and,
• the proposed redevelopment will enable the continued growth of a well-
established employment generating land use.
On this basis, the proposed development is considered appropriate and would conform
to the objectives of the Township's Official Plan.
Township of Oro-Medonte Zoning By-law 97-95, as amended
The lands subject to the development application is currently zoned "General
Commercial Exception 32 (GC*32) Zone" and "Environmental Protection (EP) Zone" in
accordance with the Township's Zoning By-law No. 97-95, as amended (refer to
Schedule 6). The purpose of the applicant's Zoning By-law Amendment application is to
rezone the subject lands from the "General Commercial Exception 32 (GC*32) Zone" to
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Zoning ...
8.c� Rego�No. 1) 00 �4nd Karaiskakis Senior Planner re: Zoning
"General o mer is xception o ing ( ' (H) Zone" and "En'vironmental Protection
(EP) Zone" to permit an addition to the main building. It is proposed that the EP Zone be
applied to the Shelswell's Creek Wetland and to the proposed 15 metre (49.2 feet)
setback from the top of bank of Shelswell's Creek to provide an additional layer of policy
protection to the natural heritage features.
Planning Staff has reviewed the applicant's development proposal and is
recommending approval of the Zoning By-law Amendment application for the following
reasons:
• the proposed development is consistent with the Provincial Policy Statement 2014
and conforms to the Growth Plan;
• the proposed development is considered to be in keeping with the general intent
and purpose of the County of Simcoe and Township Official Plans;
• staff has worked closely with the applicant to address all of the technical issues
identified to date and it is anticipated that any remaining issues (i.e. landscaping,
servicing, lighting, parking, signage, stormwater management, etc.) will be
satisfactorily addressed through the Site Plan review process; and,
• the proposed development is considered appropriate as it would be compatible with
the rural industrial character of the area.
On the basis of the preceding, it is recommended that Council enact the draft Zoning
By-law attached as Schedule 7 to this report. The by-law would also affix a Holding ("H")
provision on the zoning of the lands, which would ensure that Site Plan Approval is in
place (plans approved, security provided and agreement registered) before the "H" is
removed from the zoning of the lands and a building permit issued for the proposed
building addition.
ite Plan Control
The applicant has not yet submitted a Site Plan application which will serve to
implement its development proposal. The applicant is in receipt of the circulation
comments received to date (including those discussed in this report) and has advised
staff that it is working actively to address the comments and requirements, as
necessary. In this regard, staff anticipates that these comments will be addressed
through the Site Plan Application review process.
Financial / Legal Implications / Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend
the Committee's decision.
Policies/Legislation:
• Planning Act RSO c.P. 13
• Provincial Policy Statement, 2014
Development Services February 6, 2019
Report No. DS2019-004 Page 11 of 14
Page 257 of 300
8.c) Report No. DS2019-004 Andy Karaiskakis, Senior Planner re. Zoning ...
• Growth Plan for the Greater Golden Horseshoe, 2017
• 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: I
The Township's following Strategic Goals are relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
• Encourage the protection of the Township's natural heritage features while
ensuring that uses that rely on these features such as home-based businesses,
recreation, and tourism are promoted and strengthened.
• Adopt an "Open -for -Business" philosophy.
• Review by-laws that affect the health and viability of local businesses.
• Provide leadership in providing municipal services for identified employment and
residential developments.
Consultations:
Notice of the application was circulated to the public and to various review agencies and
Township departments in accordance with Planning Act. A public notice sign was also
posted on the subject lands. As of the preparation of this report, the following comments
have been received:
• Development Engineering: No objection to the ZBA application. Additional
supporting documents will be required for Development Engineering review at the
time of Site Plan Application.
• Operations Division: no objection.
Lake Simcoe Region Conservation Authority: The subject property is within an area
governed by Ontario Regulation 179106 under the Conservation Authorities Act for
flooding and erosion hazards, unevaluated wetlands and lands adjacent to wetlands.
The property is identified within the Natural Heritage System of the Growth Plan and
contains key natural heritage features and key hydrologic features. The property is
also within an Ecologically Significant Groundwater Recharge Area as per the Lake
Simcoe Protection Plan. The applicant shall address comments made to the Natural
Heritage Evaluation through the Site Plan approval process. The following
documents shall be submitted with the Site Plan Application: a Stormwater
Management Report; a Hydrogeological Assessment; a Phosphorus Budget; and, a
Geotechnical Report.
Development Services February 6, 2019
Report No. DS2019-004 Page 12 of 14
Page 258 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re
Ministry of Transportation: no objections in principle. A Traffic Brief/Letter is to be
submitted to confirm the proposal is minor and will not adversely affect capacity or
the safety on the highway network. The owner is to be made aware that MTO
Building and Land Use, Sign and Encroachment Permits are required for the
development of the site.
Severn Sound Environmental Association: the subject property is partially within the
Wellhead Protection Area C (WHPA-C) of the Canterbury water system with a
vulnerability score of 4. SSEA has no objections to the Zoning By-law Amendment
as it pertains to the Drinking Water Source Protection program. It is recommended
that the Risk Management Official for the Township be circulated on all subsequent
planning applications for this property as a Clean Water Act notice to proceed will be
needed at the building permit stage of this application, before the building permit can
be approved. Based on the proposed site plan, it appears the proposed building
addition will be located outside of the WHPA-C and the existing frame and metal
clad building currently located in the WHPA-C is to be removed. If this proposed site
plan remains, it is not anticipated that any policies in the SPP would apply to this
application.
• Enbridge Gas Distribution: No objection.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Conceptual Site Plan
Schedule 4: Ministry of Natural Resources & Forestry - Natural Heritage System Mapping
Schedule 5: Existing Official Plan Land Use -- Oro Centre Secondary Plan
Schedule 6: Existing Zoning
Schedule 7: Draft Zoning By-law Amendment
Conclusion:
The Zoning By-law Amendment application proposes to rezone the subject lands from
"General Commercial Exception 32 (GC*32) Zone" to "General Commercial Exception
Holding (GC*(H)) Zone" and "Environmental Protection (EP) Zone" to permit an addition
to the main building on the subject lands.
The proposed Zoning By-law Amendment application is consistent with the Provincial
Policy Statement, conforms to the Growth Plan, the County Official Plan and the
Township of Oro-Medonte Official Plan and is considered good planning.
It is recommended that Zoning By-law Amendment Application 2018-ZBA-17 be
adopted by Council and that By-law No. 2019-007 be passed by Council.
Development Services February 6, 2019
Report No. DS2019-004 Page 13 of 14
Page 259 of 300
Zoning ...
c& b ppor No. DS2019-004, An$V Karaiskakis, Senior Planner re: ZoningRespectfu ly ubrriitte vrewed by:
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Andy Karaiska is, RPP Derek Witlib, RPP
Senior Planner Manager, Planning Services
SMT Approval I Comments:
Development Services February 6, 2019
Report No. DS2019-004 Page 14 of 14
Page 260 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
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Page 261 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule 2
Aerial Photo
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File Number: 2018-ZBA-17
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Page 262 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
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Page 263 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule 4
Ministry of Natural Resources & Forestry
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File Number: 2018-ZBA-17 N I r 1 1 r I r r i r
Page 264 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule 5
Official Plan Land Use - Oro Centre Secondary Plan
C*Subject Lands
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= Highway 11 Special Policy Area Oro Centre - Commercial
File Number: 2018-ZBA-17
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Page 265 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule 6
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Page 266 of 300
liftjkt.�)S2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
The Corporation of the Township Of Oro-Medonte
By -Law No. 2019-007
A By-law to amend the zoning provisions which apply to lands at
North Part of Lot 21, Concession 7 (Oro)
Township of Oro-Medonte
2018-ZBA-17 (Davtech Industries Ltd.)
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 Sections 34 and 36 of the
Planning Act, R.S.O. 1990, c.P.13;
And Whereas Council deems it appropriate to rezone the subject lands.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Schedule `A10' to Zoning By-law 97-95, as amended, is hereby further
amended by changing the zone symbol applying to the lands located in North
Part of Lot 21, Concession 7 (Oro), Township of Oro-Medonte, from the
General Commercial Exception 32 (GC*32) Zone to General Commercial
Exception 293 Holding (GC*293(H)) Zone and Environmental Protection (EP)
Zone, as shown on Schedule "A" attached and forming part of this By-law.
2. Section 7.0 — is hereby further amended by adding the following subsection:
7.293 *293 — North Part of Lot 21, Concession 7 (Oro), Township of Oro-
Medonte (Davtech Industries Ltd.)
Notwithstanding any other provision in this by-law to the contrary, Section
5.27 Setbacks from Limits of Environmental Protection Zone and Section 5.32
Setback from Water Courses shall not apply.
3. That the Holding Provision shall be removed after the appropriate Site Plan is
approved by the Township, the related Site Plan Agreement is registered and
the Township has received the securities identified in the Site Plan
Agreement.
4. Schedule "A" attached to By-law No. 2019-007 is declared to form a part of
this By-law.
5. This By-law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
By -Law read a First, Second and Third Time, and Passed this 6t" Day of February,
2019.
Page 267 of 300
8.c) Report No. DS2019-004, Andy Karaiskakis, Senior Planner re: Zoning ...
The Corporation of The Township Of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Schedule "A"
To By -Law No. 2019-007
The Corporation of the
Township of Oro-Medonte
2928
2912
2938
2878 41,6 2921
2877
K-14.7
2891
17
LGGGGa From General Commercial Exception 32 (GC"32) Zone
To General Commercial Exception 293 Holding (GC'293(H)) Zone
From General Commercial Exception 32 (GC*32) Zone
To Environmental Protection (EP) Zone
Page 268 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
Township of
Report
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2019-005
Development Services
Andy Karaiskakis,
Committee
Senior Planner
Meeting Date:
Subject:
Motion #
February 6, 2019
Zoning By-law Amendment
R.M.S. File #:
Roll #:
Application 2017-ZBA-12
Leslie Saila — Glen Oro Farm
4346-010-004-09900
2574 Line 10 North
D14-54325
Recommendation (s): Requires Action For Information Only
It is recommended:
That Report No. DS2019-005 regarding Zoning By-law Amendment Application
2017-ZBA-12 for 2574 Line 10 North, Township of Oro-Medonte, be received and
adopted;
2. That Zoning By-law Amendment Application 2017-ZBA-12, that would rezone
portions of the subject lands from the Agricultural/Rural (A/RU) Zone to the
Agricultural/Rural Exception 294 Holding (A/RU*294(H)) Zone and Open Space
(OS) Zone on Schedule A17 to Zoning By-law No. 97-95, as amended, be
approved;
3. That the Deputy Clerk bring forward the appropriate by-law for Council's
consideration;
4. That the required Holding (H) Provision not be removed from the zoning of the
subject lands until such time as the appropriate Site Plan is approved by the
Township, the related Site Plan Agreement is registered and the Township has
received the securities identified in the Site Plan Agreement; and,
5. That the applicant be advised of the Committee's decision under the Director,
Development Services signature.
Background:
On August 25, 2017, the applicant submitted the subject Zoning By-law Amendment
application to the Township to permit on-farm diversified uses on the subject lands. The
application was deemed complete on July 25, 2018 following the submission of
additional documentation in support of the development proposal and was subsequently
Development Services February 6, 2019
Report No. DS2019-005 Page 1 of 20
Page 269 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
circulated to relevant Township departments and external agencies for review and
comment. A statutory Public Meeting was held on October 3, 2018 to receive comments
from members of the Committee and the public with regards to the proposed
development. A number of comments were received from Township staff/external
agencies pertaining to matters of servicing (water, sewage), driveway entrance and the
protection of the natural features located on the subject property. In addition, several
neighbouring residents attended the Public Meeting and provided comments related to
safety issues associated to the use of the rifle range located on the abutting property to
the south (The Orillia Fish and Game Conservation Club lands) and concerns related to
traffic, parking and noise associated to the uses proposed by the applicant.
Property Description
The subject lands are located on the west side of Line 10 North, north of Bass Lake
Side Road, and have a lot area of approximately 71.7 hectares (177.1 acres) with
approximately 607.0 metres (1,991.4 feet) of frontage along Line 10 North. The lands
contain a single detached dwelling, an equestrian riding arena, a riding stable, a hay
barn, two cabins and several accessory buildings and structures and abut agricultural
lands to the north, Line 10 North to the east, environmental lands and rural lands to the
south and Simcoe County Forest to the west (refer to Schedules 1 and 2).
Development Proposal
The applicant is seeking Council's approval to permit on-farm diversified uses on its
land holdings (refer to Schedule 3). The on-farm diversified uses proposed by the
applicant are intended to support and complement the horse farm and equestrian
facilities uses. The on-farm diversified uses proposed are to include a small-scale horse
farm vacation glamping area, facilities for hosting schools and other organization trips to
the horse farm and equestrian facilities, walking tours of the horse farm facilities and
related educational workshops, as well as walking trails throughout the farm, a growing
area for local produce for farm -to -table service, a new multi-purpose building with
facilities for the preparation and serving of meals at equestrian riding events as well as
at wedding, horse farm and equestrian facilities programs and rural/farm events such as
community charity lunches or dinners. These on-farm diversified uses are intended to
be supportive of and complementary to the horse farm and equestrian facilities
operation.
The purpose of this report is to consider the application made by Glen Oro Farm to:
• rezone portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the
Agricultural/Rural Exception Holding (AIRU*(H)) Zone to permit on-farm
diversified uses including a small scale horse farm vacation glamping area,
walking tours and educational workshops, the growing of local produce and
serving of meals at ongoing equestrian riding events as well as at weddings,
school horse farm and equestrian facilities education programs;
• to permit a maximum gross floor area of 700.0 square metres (7,534.9 square
feet) for a two storey multi-purpose building;
• to permit a maximum of 14 glamping area sites; and,
Development Services February 6, 2019
Report No. DS2019-005 Page 2 of 20
Page 270 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
• establish site-specific zoning provisions for the purposes of accommodating the
above.
The glamping sites proposed by the applicant are semi-permanent structures in the
form of yurts, domes and/or tents and are affixed to individual wooden platforms. Each
glamping structure is to be furnished, have indoor lighting and may include other
facilities for comfort and convenience such as on-site drinking water dispenser and
compost toilets, a wood burning stove or the types of facilities for heating and cooking
(gas barbeque) and may be insulated for extended season use. Glamping site guests
may participate in all horse farm programs offered including but not limited to horseback
riding and walking tours. Two (2) accessory buildings each having an area of
approximately 40.0 square metres (430.5 square feet) are proposed accessory to the
glamping area, one with washroom facilities and the other being a glamper meeting and
recreational space.
Parking area for equestrian facilities events and other events is centrally located on the
subject lands, as well as two small sub -parking areas located at the multi-purpose
building and close to the glamping area. A 400.0 square metre (4,305.7 square feet)
outdoor tent is proposed by the applicant intending to service events and activities held
at the farm. The applicant is proposing to construct a two-storey 700.0 square metre
(7,534.9 square feet) multi-purpose building with facilities for the preparation and
serving of meals, at which time the outdoor tent would be removed to reduce the on-
farm diversified uses development footprint.
The applicant has provided the following information related to the on-farm diversified
uses for the subject property:
• the scheduling of events at regular intervals throughout the year to enable local
participating farmers as well as the Glen Oro Farm to supply food including
locally sourced produce, meat, poultry and fish, for farm/lake-to-table
consumptions by farm guests;
• the maximum size of on-farm diversified use events will be set at 250 persons
inclusive of staff and guests;
• the on-farm diversified use events will only occur between May 1 and October 31
of each calendar year and upon completion of the multi-purpose building, the
season of operation may be extended to include weekends (Friday to Sunday)
for the period between December 15 and the end of March 31;
• the maximum number of on-farm diversified use events, excluding equestrian
events, is to be in the range of 30-50 in a calendar year;
• on-farm diversified use events will not be scheduled at the same time as
equestrian events in order to limit the number of guests attending the site at any
one time;
• the event venue will have an in-house sound system at the multi-purpose
building that will be installed by an accredited sound system professional to
mitigate potential noise concerns of neighbours;
Development Services February 6, 2019
Report No. DS2019-005 Page 3 of 20
Page 271 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
outdoor music activities for on-farm diversified use events in advance of the
multi-purpose building being available will be shutdown at 11 pm and all guests to
be off the property by midnight (no overnight stays by event guests);
the operator's staff will also be on hand for guest tours such as attending
students on school trips to ensure that the group stays together and does not
wander from the designated pathways/trails within the glamping site; and,
the operator's staff will be on hand to manage the designated parking areas
within the Glen Oro Farm and ensure that on street parking on Line 10 North
does not occur.
The applicant has submitted the following documents/information to the Township in
support of the proposed development:
• Planning Justification Report, prepared by Goodreid Planning Group, dated July
2018;
• Concept Plan, prepared by Goodreid Planning Group, dated October 23, 2018;
• Traffic Impact Assessment, prepared by Centex Engineering and Development
Inc., dated October 19, 2018;
• Environmental Impact Study/Species at Risk Study for Farm Vacation
Campsites, prepared by Sage Earth Environmental/Restoration Services;
• Functional Servicing Report, prepared by Centex Engineering and Development
Inc., dated July 4, 2018; and,
• Draft amendment to the Zoning By-law.
This report reviews the comments made by agencies and the public with respect to the
application during the public consultation process and provides recommendations to the
Committee with respect to the Zoning By-law Amendment application.
Analysis:
Planning Staff has reviewed the proposed Zoning By-law Amendment application in the
context to relevant planning policies and legislation contained in the Township of Oro-
Medonte Official Plan, County of Simcoe Official Plan, Growth Plan for the Greater
Golden Horseshoe (2017) and the Provincial Policy Statement (2014), as detailed
below.
Provincial Policy Statement 2014 PPS
Planning applications are required to be consistent with the Provincial Policy Statement
(PPS) which provides a policy basis to guide land use planning in the Province. The
PPS has been reviewed in its entirety as it relates to the proposed development and the
relevant sections are reviewed in this section of the report.
Section 1 of the PPS focuses on the health and resilience of Ontario Communities and
Section 1.1 contains policies for managing and directing land use to achieve efficient
and resilient development and land use patterns, and states:
Development Services February 6, 2019
Report No. DS2019-005 Page 4 of 20
Page 272 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
°1.1.1 Healthy, liveable and safe communities are sustained by... accommodating an
appropriate range and mix of residential (including second units, affordable housing and
housing for older persons), employment (including industrial and commercial),
institutional (including places of worship, cemeteries and long-term care homes),
recreation, park and open space, and other uses to meet long-term needs".
In accordance with the policies of Section 1 of the PPS, the applicant's property is
located within Rural Areas. The following PPS policies are applicable to the
applications:
1.1.4.1 Healthy, integrated and viable rural areas should be supported by:
a) building upon rural character, and leveraging rural amenities and assets;
b) promoting regeneration, including the redevelopment of brownfield sites;
c) accommodating an appropriate range and mix of housing in rural
settlement areas;
d) encouraging the conservation and redevelopment of existing rural housing
stock on rural lands;
e) using rural infrastructure and public service facilities efficiently;
f) promoting diversification of the economic base and employment
opportunities through goods and services, including value-added products
and the sustainable management or use of resources;
g) providing opportunities for sustainable and diversified tourism, including
leveraging historical, cultural and natural assets;
h) conserving biodiversity and considering the ecological benefits provided
by nature; and,
i) providing opportunities for economic activities in prime agricultural areas,
in accordance with policy 2.3.
Section 2 of the PPS contains policies pertaining to the Wise Use and Management of
Resources. Section 2.1 provides Natural Heritage policies that require natural features
and areas be protected for the long term and that development and site alteration shall
not be permitted in natural heritage features such as significant wetlands, significant
woodlands and significant wildlife habitat. Section 2.3 provides Agricultural policies that
require prime agricultural areas be protected for the long-term use for agriculture.
Permitted uses in prime agricultural areas include agricultural uses, agriculture -related
uses and on-farm diversified uses..
On-farm diversified uses is defined in the PPS as "uses that are secondary to the
principal agricultural use of the property, and are limited in area. On-farm diversified
uses include, but are not limited to, home occupations, home industries, agri-tourism
uses, and uses that produce value-added agricultural products."
Agri -tourism is defined in the PPS as "those farm -related tourism uses, including limited
accommodation such as bed and breakfast, that promote the enjoyment, education or
activities related to the farm operation."
The PPS requires that proposed agriculture -related uses and on-farm diversified uses
shall be compatible with, and shall not hinder, surrounding agricultural operations.
Development Services February 6, 2019
Report No. DS2019-005 Page 5 of 20
Page 273 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
The Province released "Guidelines on Permitted Uses in Ontario's Prime Agricultural
Areas" in 2016, which is a companion document to the PPS created to provide direction
to municipalities in interpreting the PPS. In the case of the subject proposal, these
Guidelines assist in interpreting the PPS definition and policies related to on-farm
diversified uses. Although the Guidelines focus on lands within "Prime Agricultural
Areas", they are noted to also have relevance to Rural Areas as the PPS provides that
on-farm diversified uses are to be considered in both Rural and Prime Agricultural areas
in accordance with Provincial policies. The Guidelines provide the following criteria that
must be met for a use to qualify as on-farm diversified uses in prime agricultural areas:
1. Located on a farm;
2. Secondary to the principal agricultural use of the property;
3. Limited in area;
4. Includes, but is not limited to, home occupations, home industries, agri-tourism
uses and uses that produce value-added agricultural products; and,
5. Shall be compatible with, and shall not hinder, surrounding agricultural operations.
Examples of on-farm diversified uses provided all PPS criteria are met are, amongst
others, agri-tourism and recreation uses (e.g., farm vacation suite, bed and breakfast,
hay rides, petting zoo, farm -themed playground, horse trail rides, seasonal events,
equine events) cafe/small restaurant, cooking classes, food store (e.g. cheese, ice
cream).
The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) recommends
limiting the amount of land dedicated to on-farm diversified use to 2% of the lot area
which would represent the total lot area that would be unavailable to agricultural
production. The applicant's on-farm diversified use would propose to utilize 1% or 0.8
hectares (1.9 acres) of the 71.7 hectares (177.1 acres) property. This figure includes the
area dedicated to a new driveway (3,564 sq.m.) to access the multi -unit building (400
sq.m. ground floor area) and parking (288 sq.m.), a temporary outdoor tent structure
(400 sq.m.), the 14 glamping platforms (36 sq.m. each) and two accessory buildings (40
sq.m each), main septic bed area for multi -unit building (625 sq.m.), smaller septic bed
or french drain for glamping area (100 sq.m.) and two existing cabins (50 sq.m. each).
The proposed driveways and parking areas are proposed to remain as unimproved
pasture (farm field) rather than be hard surfaced, with the exception of the main
driveway and parking area for the multi -unit building which is intended to be hard
surfaced in order to reduce the on-farm diversified use footprint. In addition, the outdoor
tent structure is to be removed when the multi-purpose building is erected for
occupancy. Furthermore, the septic areas proposed may continue to be used for
horseback riding activities at the farm. The above circumstances will collectively reduce
the on-farm diversified use footprint on the subject lands.
The OMAFRA Guidelines suggest that the farm use must take precedence over the on-
farm diversified use, therefore, the timing and frequency of events must not negatively
impact the normal farming practices both on the subject property and on surrounding
properties. It is not anticipated that hosting on-farm diversified use events on the
property will have an impact on normal farm practices. The applicant has advised that
Development Services February 6, 2019
Report No. DS2019-005 Page 6 of 20
Page 274 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
on-farm diversified use events will not be scheduled at the same time as the equestrian
events in order to limit the number of guests attending the site at any one time. In order
to ensure that this link is preserved and the on-farm diversified uses remain truly
secondary and accessory to the farming/horse farm operation, the site specific zoning
amendment must provide that the on-farm diversified uses are only permitted as a
secondary use to the farming/horse farm operation. This would mean that if the primary
horse farm operation were to cease, the on-farm diversified uses would no longer
qualify as a secondary use and would not be permitted to continue. In this regard, the
draft Zoning By-law contains provisions in which the on-farm diversified uses and agri-
tourism uses are secondary to the principal horse farm use on the subject lands and
that on-farm diversified use events will not be scheduled at the same time as equestrian
events in order to limit the number of guests attending the site at any one time.
It is Planning Staff's opinion that the Zoning By-law Amendment application is
consistent with the Provincial Policy Statement and meets the criteria for a use to qualify
as an on-farm diversified use contained in the Guidelines on Permitted Uses in
Ontario's Prime Agricultural Areas, and this position is supported by the applicant's
Registered Professional Planner as detailed in the Planning Justification Report that
was submitted with the application, on the basis of the following:
• the proposed on-farm diversified uses is permitted in Rural Areas and in Prime
Agricultural Areas;
• the primary use of the property is farming;
• the applicant's proposed on-farm diversified uses of a small scale horse farm
vacation glamping area, walking tours and educational workshops, the growing of
local produce and serving of meals at ongoing equestrian riding events as well as
at weddings, horse farm and equestrian facilities education programs for schools
and other organizations and community picnics charity dinners and the
construction of a two-storey multi-purpose building are an on-farm diversified use
that can be considered secondary to the principal horse farm operation as it is
dependent on the farm ambiance, will serve local produce produced on the farm
and will also support local farm operations by serving locally sourced foods.
• the on-farm diversified uses meets Provincial policy objectives of diversifying the
rural economic land base by leveraging rural assets;
• the area of land to be used for the on-farm diversified uses is 1 % of the area of
the property;
• the value-added on-farm diversified uses enables innovation and additional
revenue streams for the farm business and will enhance the viability of the horse
farm business which has been in operation for over 50 years;
• the proposal will be compatible with the agricultural/rural landscape by utilizing
and maintaining the existing large, mature trees along the property lines to
screen and soften the appearance of the proposed on-farm diversified uses and
structures;
• the proposal is located where there are no agricultural operations on the subject
lands;
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• the subject lands contain natural heritage features which are proposed to be
protected through the placement of an Open Space (OS) Zone to further protect
these features from development.
Growth Plan for the Greater Golden Horseshoe 2017
The Growth Plan for the Greater Golden Horseshoe 2017 ("Growth Plan") contains
policies and targets to foster development of compact communities and promote growth
and economic development. The Growth Plan directs most forms of development to
settlement areas in order to protect and manage, as part of planning for future growth,
the natural heritage features and areas, irreplaceable cultural heritage sites, and
valuable renewable and non-renewable resource (including rural areas) that are
essential for the long-term economic prosperity, quality of life, and environmental health
of a region.
Section 2.2.9 Rural Areas is applicable to this application as it provides provisions that
allow for development to occur outside of settlement areas in site specific locations with
approved designations. These policies state that "development outside of settlement
areas may be permitted in rural lands for:
a) the management or use of resources;
b) resource-based recreational uses; and,
c) other rural land uses that are not appropriate in settlement areas provided they:
i) are compatible with the rural landscape and surrounding local land uses;
ii) will be sustained by rural service levels; and,
iii)will not adversely affect the protection of agricultural uses and other
resource-based uses such as mineral aggregate operations.
Section 4 contains policies for "Protecting What is Valuable". Section 4.2.2 outlines the
policies for the "Natural Heritage System" and requires that any development or site
alteration to demonstrate that there will be no negative impacts on key natural heritage
features or key hydrologic features or their functions.
The Province has mapped a Natural Heritage System for the Greater Golden
Horseshoe to support a comprehensive, integrated and long-term approach to planning
for the protection of the region's natural heritage and biodiversity which was released on
February 9, 2018. Based on the Province of Ontario's natural heritage system mapping,
the subject lands contain a woodland feature located at the westerly portion of the
property and a Provincially Significant Wetland feature (Bass Lake Wetland) located at
the southerly property line of the subject lands as illustrated on Schedule 4 to this
report. It should be noted that the Township's Official Plan does not identify a woodland
feature but it does recognize the wetland. This woodland is deemed by Planning Staff to
be a "significant woodland" on the basis that the applicant's Environmental Impact Study
documented that the feature meets the criteria to be considered "significant" under the
definitions provided in the PPS.
Section 4.2.3 of the Growth Plan limits development and site alteration outside of
settlement areas. Section 4.2.3.1(f) of the Growth Plan states:
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1. Outside of settlement areas, development or site alteration is not permitted in key
natural heritage features that are part of the Natural Heritage System or in key
hydrologic features, except for:
f) expansions or alterations to existing buildings and structures for agricultural uses,
agriculture -related uses, or on-farm diversified uses and expansions to existing
residential dwellings if it is demonstrated that:
i. there is no alternative, and the expansion or alteration in the feature is
minimized and, in the vegetation protection zone, is directed away from the
feature to the maximum extent possible; and
ii. the impact of the expansion or alteration on the feature and its functions is
minimized and mitigated to the maximum extent possible" (p. 43-44).
Section 4.2.6 Agricultural System of the Growth Plan has also been reviewed by
Planning Staff with respect to the proposed Zoning By-law Amendment application. The
Agricultural System policies of the Growth Plan protect prime agricultural areas for long-
term use for agriculture and minimize and mitigate adverse impacts on the Agricultural
System. The Province has mapped an Agricultural System for the Greater Golden
Horseshoe which is comprised of prime agricultural areas, including specialty crop
areas, and rural lands where farming and related uses are ongoing.
Based on the Province of Ontario's agricultural system mapping, a portion of the subject
lands are in a Prime Agricultural Area, as illustrated on Schedule 5 to this report.
Section 4.2.6 Agricultural System of the Growth Plan is applicable to this application.
The policies require that these areas should be protected for long-term use for
agricultural.
The on-farm diversified uses must be able to co -exist with and not hinder the
agricultural operations. The area to be used for the on-farm diversified uses is situated
on lands that are on unimproved pasture, therefore no additional land will be removed
from agricultural production. All the buildings and structures associated with the on-farm
diversified uses are located on lower productive agriculture soils classified as Canada
Land Inventory 7 soil (CLI 7). Lands that are considered to be Prime Agricultural Area
as defined in the Growth Plan have CLI 1-3 soils, which is not the case for the area
proposed for the on-farm diversified events.
The applicant has submitted an Environmental Impact Study/Species at Risk Study for
Farm Vacation Campsites which documented the natural heritage features of the
property and provided an evaluation of the potential natural heritage impacts associated
with the proposed development. The EIS concluded that there will be minimal impacts
to the natural heritage features of the property and no impacts to the hydrologically
sensitive feature on and adjacent to the subject property. The Nottawasaga Valley
Conservation Authority was circulated the subject application and provided comments
with regards to site alteration within the 120 metre setback from the Provincially
Significant Wetland (PSW).
It is Planning Staff's opinion that the Zoning By-law Amendment application to permit an
on-farm diversified use on the subject lands conforms to the Growth Plan, and this
position is supported by the applicant's Registered Professional Planner as detailed in
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the Planning Justification Report that was submitted with the application, on the basis of
the following:
• the proposed on-farm diversified uses on the subject lands is considered
secondary to the principal horse farm operation as it is dependent on the farm
ambiance, will serve produce grown on the farm and will also support local farm
operations by servicing locally sourced foods;
• the proposed on-farm diversified uses will be limited in area relative to the size of
the farm property on which the proposed on-farm diversified uses are located. In
this regard, the area of land to be used for the proposed use is approximately
6,061 square metres (65,242.1 square feet) or 1 % of the area of the property;
• the applicant has relocated all glamping sites, French drain/septic bed, accessory
buildings and parking areas outside of the NVCA regulated area, and further, are
all located outside the 120 metre setback from the PSW;
• the proposed horse farm vacation glamping area, multi-purpose building and
other uses proposed by the applicant are considered an on-farm diversified
use/agri-tourism that is appropriately defined and scoped ensuring that it is, and
will remain, secondary to the principal agricultural use of the subject property;
• all the buildings and structures associated with the on-farm diversified uses are
not located in a Prime Agricultural Area;
• the on-farm diversified uses will not adversely affect the protection of agricultural
uses and is compatible with the rural landscape and surrounding local land uses;
• the on-farm diversified uses are consistent with the Guidelines on Permitted.
Uses in Ontario's Prime Agricultural Areas; and,
• an Environmental Impact Study (EIS) was prepared and submitted in support of
the development proposal. The EIS concluded that the proposed development
will have minimal impacts to the natural heritage features on the subject property;
and further, the proposed areas for the campsites and associated structures will
have negligible ecological impacts relative to the entire significant woodland and
will be located in the least sensitive areas available for development within it. The
significant woodland feature is to be placed in an Open Space (OS) Zone to
further protect this feature from development.
County of Simcoe Official Plan
The subject lands are designated "Agricultural" and "Greenlands" in the Simcoe County
Official Plan. Section 3.6 of the County Official Plan contains policies that provide
guidance for growth and development in the Agricultural designation:
3.6.1 To protect the resource of prime agricultural lands and prime agricultural
areas, while recognizing the inter -relationship with natural heritage features
and areas and ecological functions, by directing development that does not
satisfy the Agricultural policies of this Plan to Settlements and the Strategic
Settlement Employment Areas and Economic Employment Districts and
directing limited uses that are more suitable to the Rural designation
accordingly.
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3.6.2 To enable the agricultural industry to function effectively in prime agricultural
areas by minimizing conflicting and competing uses while accommodating
uses and facilities which support the agricultural economy in accordance with
the Planning Act and the Farm Practices Protection Act and its successors.
3.6.3 To ensure the availability and sustainability of prime agricultural areas for
long-term use for agriculture and support a diversified agricultural economy.
3.6.4 To promote a sustainable local food system that enhances opportunities for
food, agriculture and agriculture -related businesses and/or producers to
deliver products locally.
3.6.6 Permitted uses within the Agricultural designation are agricultural uses,
agriculture related uses (PPS 2014), processing of agricultural products, on-
farm diversified uses, natural heritage conservation and forestry, mineral
aggregate operations subject to Section 4.4, and agricultural produce sales
outlets generally marketing production from the local area.
Section 3.8 of the County Official Plan contains policy objectives in the Greenlands
designation:
3.8.1 To protect and restore the natural character, form, function, and connectivity
of the natural heritage system of the County of Simcoe, and to sustain the
natural heritage features and areas and ecological functions of the
Greenlands designation and local natural heritage systems for future
generations.
3.8.2 To promote biodiversity and ecological integrity within the County's natural
heritage features and areas and the Greenlands designation.
3.8.3 To improve the quality, connectivity and amount of woodlands and wetlands
cover across the County.
3.8.4 To ensure that species and communities of conservation concern can
continue to flourish and evolve throughout the County.
3.8.5 To contribute to the protection, improvement, and restoration of the quality
and quantity of surface water and ground water and the function of sensitive
surface water features and sensitive ground water features within the
County.
3.8.6 To ensure that the Greenlands designation complements and supports the
natural heritage systems established in Provincial plans and is linked with
the natural heritage systems of adjacent jurisdictions, and to require local
municipalities to identify and protect natural features and ecological functions
that in turn complement and support the Greenlands.
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3.8.7 To ensure that the location, scale, and form of development respect and
support the protection of the County's natural heritage system.
3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and
for recreational and tourism uses in keeping with the Greenlands objectives,
that foster healthy and liveable communities and enhance the sense of place
and quality of life that characterize the County.
3.8.15 Outside of settlement areas, and subject to Section 3.3.15 (other than for
3.8.15 vi. Which is subject to policy 4.4.1), the following uses may be
permitted in the Greenlands designation or on adjacent lands as described in
Section 3.3.15:
i. Agricultural uses;
ii. Agriculture -related uses;
iii. On-farm diversified uses;
iv. Forestry on public lands or in County forests in accordance with an
approved management plan and sustainable forest practices;
v. Forestry on private lands as permitted by the County's Forest
Conservation Bylaw or by a local municipality's tree bylaw under the
Municipal Act, 2001;
vi. Mineral aggregate operations, if approved through a local Official Plan
amendment;
vii. Outdoor passive recreational uses; and
viii. Subject to demonstrating that the lands are not within a prime agricultural
area, residential dwelling units on lots which were approved prior to the
approval date of this policy (May 9, 2016).
The County has been circulated the subject application and has advised that on-farm
diversified uses may be permitted in the Greenlands designation (horse farm glamping
sites) provided that the recommendations contained in the EIS and the NVCA's
comments are implemented. Based on the above, it is Planning Staff's opinion that the
Zoning By-law Amendment application conforms to the County Official Plan.
Township of Oro-Medonte Official Plan
The subject lands are designated "Agricultural" and "Oro Moraine Natural Core/Corridor
Area" in accordance the Schedule "A — Land Use" of the Township's Official Plan (refer
to Schedule 6). Section C1.1 of the Township OP states that the objectives of the
Agricultural designation are:
• to maintain and preserve the agricultural resource base of the Township;
• to protect land suitable for agricultural production from development and land
uses unrelated to agriculture;
• to promote the agricultural industry and associated activities and enhance their
capacity to contribute to the economy of the Township; and,
• to preserve and promote the agricultural character of the Township and the
maintenance of the open countryside.
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The principle use in the Agricultural designation shall be agriculture, with other
permitted uses in the Agricultural designation include the following:
single detached dwellings, bed and breakfast establishments, home occupations,
home industries, commercial dog kennels, forestry, resource management uses,
farm implement dealers, feed and fertilizer distribution facilities, storage facilities
for agricultural products, greenhouses, agricultural research and training
establishments, farm related tourism establishments, agriculturally -related
commercial uses, commercial uses on farm properties and seasonal home grown
produce stands. All existing commercial and industrial uses are also permitted.
The proposed horse farm vacation glamping area is proposed to be located within the
woodland feature on the applicant's land holdings and are designated Oro Moraine
Natural Core/Corridor Area. Section B1.10.1 of the OP contain policies relating to
development within the Oro Moraine Natural Core/Corridor Area designation. Section
B1.10.1 sets out the following objectives:
• to restrict development in the most sensitive area of the Oro -Moraine;
• to encourage the retention and enhancement of the natural heritage features and
functions in the natural core area;
• to maintain and where possible, improve and restore linkages between significant
natural heritage features to facilitate the movement of plants and animals; and,
• to restrict development in the Oro Moraine Natural Corridor Area that would have
a negative impact on significant natural features and their ecological functions on
lands within the Oro Moraine Natural Core Area designation.
In accordance with Schedule B of the OP, a portion of the subject lands contain a
Provincially Significant Wetland (PSW), specifically the Bass Lake Wetland (refer to
Schedule 7).
The `Environment -First' philosophy is a land use planning philosophy that is to be
considered in making all planning decisions whereby the importance of maintaining,
restoring and where possible, enhancing or improving natural features and ecological
functions is recognized and promoted as a Township priority, to be considered with
other interests in accordance with Provincial Policy and Legislation (Section Al).
The applicant has submitted an Environmental Impact Study/Species at Risk Study for
Farm Vacation Campsites which documented the natural heritage features of the
property and provided an evaluation of the potential natural heritage impacts associated
with the proposed development. The EIS concluded that the proposed areas for the
campsites and associated structures will have negligible ecological impacts relative to
the entire woodlands and will be located in the least sensitive areas available for
development within it.
While the Official Plan does not directly speak to on-farm diversified uses, it is Planning
Staff's opinion that the Official Plan's policies are intended to be sufficiently broad to
accommodate a wide range of bona fide agriculture -related and on-farm diversified
uses, including the kinds of uses being proposed by the applicant. This position is
supported by the applicant's Registered Professional Planner as detailed in the
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Planning Justification Report that was submitted with the application, on the basis that
the Agricultural designation permits a wide range of agricultural uses, including farm
related tourism establishments and agriculturally -related commercial uses. On this
basis, the proposed development is considered appropriate and would conform to the
objectives of the Township's Official Plan.
Township of Oro-Medonte Zoning By-law 97-95 as amended
The lands subject to the development application is currently zoned "Agricultural/Rural
(A/RU)" and "Environmental Protection (EP) Zone" in accordance with the Township's
Zoning By-law No. 97-95, as amended (refer to Schedule 8). The purpose of the
applicant's Zoning By-law Amendment application is to rezone the lands to
"Agricultural/Rural Exception Holding (AIRU*(H)) Zone" to permit on-farm diversified
uses in conjunction with a horse farm on the subject lands along with appropriate
development standards for the on-farm diversified uses.
Planning Staff has reviewed the applicant's development proposal and is
recommending approval of the Zoning By-law Amendment application for the following
reasons:
• the proposed development is consistent with the Provincial Policy Statement 2014
and conforms to the Growth Plan;
• the proposed development is considered to be in keeping with the general intent
and purpose of the County of Simcoe and Township Official Plans;
• both Provincial and County land use policies promote opportunities to support a
diversified rural economy and have evolved to permit on-farm diversified uses
(which includes agri-tourism uses) in both prime agricultural areas and rural areas,
provided that the uses are secondary to the principal agricultural use, are limited in
area and are compatible with the surrounding agricultural area;
• the applicant has revised the proposed concept plan to address comments raised
by residents with regards to matters related to noise, traffic and parking to ensure
that any conflicts have been mitigated to the best possible extent to ensure
compatibility between the proposed use and the surrounding agricultural
operations;
• the significant woodland feature is to be placed in an Open Space (OS) Zone to
further protect this feature from development; and,
• staff has worked closely with the applicant to address all of the technical issues
identified to date and it is anticipated that any remaining issues (i.e. servicing,
lighting, parking, signage, stormwater management, etc.) will be satisfactorily
addressed through the Site Plan review process.
On the basis of the preceding, it is recommended that Council enact the draft Zoning
By-law attached as Schedule 9 to this staff report. The by-law contains definitions of the
proposed use and provisions and also includes the use of a Holding (H) provision to
ensure that Site Plan Approval is in place (plans approved, security provided and
agreement registered) before the "H" is removed from the zoning of the lands and a
building permit issued for the proposed on-farm diversified uses. The by-law further
scopes the on-farm diversified uses to ensure that it is secondary to the principal
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agricultural use of the property and be compatible with the rural character. The by-law
permits a controlled number of special events with a maximum capacity during a
specified period through the calendar year. The by-law also proposes to zone the
significant woodland feature to an Open Space (OS) Zone to further protect this feature
and will serve to implement the Provincial, County and Townships natural heritage
policies. Staff is of the opinion that it is appropriate to zone the significant woodlands to
the Open Space (OS) Zone rather than the Environmental Protection (EP) Zone as the
OS Zone allows for passive recreational activities, such as walking, hiking and
horseback riding whereas the EP Zone does not permit these types of uses.
Site Plan Application
The applicant has not yet submitted a complete Site Plan application which will serve to
implement its development proposal. The applicant is in receipt of the circulation
comments received to date (including those discussed in this report) and has advised
staff that it is working actively to address the comments and requirements, as
necessary. In this regard, staff anticipates that these comments will be addressed
through the Site Plan Application review process.
Financial 1 Legal Implications 1 Risk Management:
Potential financial and legal implications should the decision of the Committee be
appealed to the Local Planning Appeal Tribunal (LPAT) 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, 2017
• County of Simcoe Official Plan
• Township of Oro-Medonte Official Plan
• Township of Oro-Medonte Zoning By-law 97-96
Corporate Strategic Goals:
In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic
activity that does not negatively impact the Township's natural heritage features
and attributes.
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Encourage the protection of the Township's natural heritage features while
ensuring that uses that rely on these features such as home-based businesses,
recreation, and tourism are promoted and strengthened.
Adopt an "Open -for -Business" philosophy.
Consultations:
Notice of the application was circulated to the public and to various review agencies and
Township departments in accordance with Planning Act. A public notice sign was also
posted on the subject lands. As of the preparation of this report, the following comments
have been received:
Department/Agency Comments:
Development Engineering: No objections to the application. A detailed Site Plan for
works associated with modifying the existing site to a rural based
vacation/camping/educational/recreational business shall be required as part of a
Site Plan application. The proposed changes to the site may require additional
and/or Driveway Entrance Permit Amendment(s) from the Operations Department as
part of Site Plan Application.
• Building Services: building permits will be required for tents, structures and sewage
systems. Sewage system while under 10,000 litres per day (Phase 1) will be the
jurisdiction of the OBC and the Municipal Building Department. Phase 2 will require
approval of MOECC.
• Operations Division: no objections. The applicant will be required to obtain a Road
Entrance Permit. Applicant will be required to demonstrate that the entrance will
meet the stopping sight distances outlined in the Township's Road Entrance By-law.
• Enbridge Gas: no objection.
• Simcoe County District School Board: no objection.
• Nottawasaga Valley Conservation Authority: NVCA has reviewed the application and
determined the portion of the property subject to the proposed amendment is not
within a flood susceptible area; a hazardous site; or an erosion hazard area. NVCA
would recommend that the applicant revise the concept plan and locate all site
alteration outside the 120 metre setback from the PSW and watercourse in order to
avoid impacts to natural heritage and hydrologic features. Relocating the septic bed
outside the 120 metre setback from the PSW would also be outside the NVCA
regulated area, removing the requirement to obtain a permit under O.Reg. 172/06.
• County of Simcoe: The Species at Risk Study prepared by Sage Earth
Environmental addresses the specific locations for glamping sites #1-14 as well as
buildings labelled #16 and #17 and septic #18. The comments from NVCA further
address the location of building #17 and the associated septic and those comments
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appear to have been addressed in the revised Concept Plan dated October 19,
2018. Based on this, we are satisfied that a Greenlands refinement would not be
required for the proposal provided that the recommendations of the SAR Study and
NVCA comments are followed.
Public Comments:
Correspondence:
• Gary Leatherdale, 2721 Line 10 North — I am not in support to the proposed zoning
by-law amendment. Far too many liability reasons to list.
The Orillia Fish and Game Conservation Club, 510 Bass Lake Sideroad East —The
OFGCC wishes to express our opposition to the proposed amendment to the Zoning
By-law. The OFGCC has owned this property since the early 1960's and is used by
the Club Members, their families and guests for outdoor recreational and
conservation purposes and is the center of the Club's Christmas Tree sales and
operations. Conservation activities include picnicking, camping, hiking, trout fishing
but also include hunting and a rifle range. The rifle range has been certified in 2017
and is adjacent to the applicant's property and has been used to hunt both big and
small game for many years. The proposed zoning does not appear to include
camping/glamping, banquet halls, liquor permits or construction of buildings for
commercial use other than those used for agricultural related use. The OFGCC
believes such an operation could create safety issues related to the use of our rifle
range and certainly will adversely affect the hunting on our property. The OFGCC
must strongly object to this zoning application.
Public Meeting Comments:
• Ed Brassington provided questions with respect to number of and attendees at the
horse shows and concerns with respect to traffic, noise, numerous events due to short
season, excessive application for the area, wedding and event concerns, and
increased impaired driving.
• Gord Pye expressed opposition to the application and concerns regarding The Orillia
Fish and Game Conservation Club's adjacent land use for hunting, zoning use, and
safety issues.
• Tom Taylor questioned number of glamping units, types of camping, trailer allowance
and safety concerns with respect to an adjacent property gun range.
• Sarah Irving supported the efforts of the farm operation, opposes the wedding and
special events application and expressed traffic/speed concerns.
Planning Staff Response:
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The public expressed concerns with regards to traffic issues as a result of the proposed
on-farm diversified use. To address these concerns, the applicant prepared a Traffic
Impact Assessment which identified the following matters:
• the proposed development includes a total of 98 parking spaces at different
locations on the subject property;
• the assessment assumes a worst-case scenario where 98 vehicles were
departing the site over a one-hour period;
• the assessment concludes the portion of Line 10 abutting the subject lands has a
capacity of 1,000 vehicles per hour (500 in each direction);
• further, the assessment concludes that if 75% of the vehicles leaving the site in
one hour were going one direction, they would total only 15% of the allowable
traffic along this stretch of roadway; and,
• the proposed development does not pose a significant impact to permissible
traffic along the roadway.
The Township Operations Division has reviewed the Traffic Impact Assessment and has
no comments with the findings outlined in the assessment. Operations Staff indicate
that the applicant will have to demonstrate that the sight lines from the entrance will be
required to meet the stopping sight distances outlined in the Township's Road Entrance
By-law. Planning Staff is of the opinion that the applicant has demonstrated through the
traffic assessment that the on-farm diversified uses can be safely accommodated from a
traffic standpoint and the proposal's parking needs are to be accommodated entirely on-
site. It is noted that the proposed development includes a total of 98 parking spaces at
different locations on the subject lands. Planning Staff has reviewed the proposed
number of parking spaces and is of the opinion that the subject lands are large enough
to allow for additional parking or a parking lot expansion if necessary. Planning Staff will
review this matter with the applicant as part of the detailed engineering design exercise
during the Site Plan Approval process to determine appropriate locations for potential
parking lot expansion or over -flow parking if required.
The issue of parking lot noise raised by a neighbour has been addressed through the
relocation of the main parking area further back from line 10. In addition, the applicant
has advised that noise concerns will be mitigated through the on-site operator restricting
outdoor noise emissions to appropriate levels and that music will generally end by
11:00pm while events will end by no later than midnight, following which guests would
be departing. In addition, noise issues are regulated through the Township Noise By-law
which prohibits noise or sound made or created by and musical instrument or electronic
device designed to amplify sound or sound -producing equipment when the equipment is
played or operated in such a manner that the sound or noise made or created disturbs
the peace or comfort of any person between the hours of 11:00pm and 7:00am. The
applicant will require Site Plan Approval through which Staff will review the proposed
development and contain provisions that noise is limited as much as possible and, if
necessary, monitored at the applicant's expense. The nearest dwelling on a
neighbouring property is located approximately 560 metres (1,837 feet) to the structure
where the music will originate. A noise impact study may be required in support of the
Site Plan Approval application which will provide recommendations on how best to
manage noise to have the least impact.
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With regards to the comments made by the Orillia Fish and Game Conservation Club
(OFGCC), the closest glamping site is approximately 185 metres (607 feet) away from
the OFGCC property line. This separation distance to the glamping sites will effectively
address the concerns raised. The applicant has advised that it may implement
mitigation measures through the use of site maps for glampers, property line signage at
the shared property line with OFGCC and marked paths/trails that will be used for the
guided guest tours by on-site staff. These mitigation measures will serve to prevent
guests in advertently trespassing onto the OFGCC property.
As mentioned earlier in this report, the proposed horse farm vacation glamping is not a
traditional campground where privately owned tents, tent trailers or RVs are brought to
and erected on designated sites. The glamping sites are to be semi-permanent
structures in the form of yurts, domes or tents affixed to individual wooden platforms
owned by the operator. The glamping accommodations are to be furnished, have indoor
lighting and may include other facilities for comfort and convenience such as on-site
drinking water dispenser and compost toilets, a wood burning stove or other types of
facilities for heating and cooking. As noted in the applicant's Environmental Impact
Study, the location of the fourteen (14) glamping sites and associated structures are in
areas where they will have negligible ecological impacts relative to the woodlands and
will be located in the least sensitive areas available for development within it. In this
regard, Planning Staff is of the opinion that the glamping sites are limited in scale and
designed to satisfy the Provincial Policy Statement with respect to on-farm diversified
uses, including agri-tourism uses.
The public is concerned about increased impaired driving related to on-farm diversified
use events, which may include weddings. Planning Staff is of the opinion that the land
use planning considerations that may stem from a single licensed establishment in this
location should be limited to matters of land use compatibility, whereas matters related
to alcohol consumption are subject to licensing and regulation by Alcohol and Gaming
Commission of Ontario and traffic safety enforcement is a policing matter.
In summary, the comments identified through the consultation process have, in
Planning Staff's opinion, been adequately addressed in order for the proposed Zoning
By-law Amendment to be proceed. Remaining design and technical details with respect
to site design, sewage disposal and structural matters would be appropriately
addressed through the subsequent Site Plan Approval and permit processes.
Attachments:
Schedule 1: Location Map
Schedule 2: Aerial Map
Schedule 3: Site Plan
Schedule 4: Ministry of Natural Resources and Forestry - Natural Heritage System
Schedule 5: Ministry of Natural Resources and Forestry - Agricultural System
Schedule 6: Official Plan - Land Use
Schedule 7: Official Plan — Natural Features
Development Services February 6, 2019
Report No. DS2019-005 Page 19 of 20
Page 287 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule 8: Existing Zoning
Schedule 9: Draft Zoning By-law
Conclusion:
The Zoning By-law Amendment application proposes to rezone the subject lands from
"Agricultural/Rural (A/RU) Zone" to the "Agricultural/Rural Exception Holding (A/RU*(H))
Zone" to permit on-farm diversified uses including a small scale horse farm vacation
glamping area, walking tours and educational workshops, the growing of local produce
and serving of meals at ongoing equestrian riding events as well as at weddings„ school
horse farm and equestrian facilities education programs on the subject lands.
The proposed Zoning By-law Amendment application is consistent with the Provincial
Policy Statement, conforms to the Growth Plan, the County Official Plan and the
Township of Oro-Medonte Official Plan and is considered good planning.
It is recommended that Zoning By-law Amendment Application 2017-ZBA-12 be
adopted by Council and that By-law No. 2019-011 be passed by Council.
Respectfully submitted:
P?a�k
Andy Karaiskakis, RPP
Senior Planner
SMT Approval / Comments:
Development Services
Report No. DS2019-005
Reviewed by:
."'o 4^
Derek Witlib, RPP
Manager, Planning Services
February 6, 2019
Page 20 of 20
Page 288 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
4aaeyRd. 2562
N
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2721
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Old Ba rle.Rd. 2744
L
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2587
2883
2505
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983
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905
Schedule 1
-�.
Location T, h, of
Subject Lands�t�
Prosed Heritage, Excitiieg Future
0 100 200 300 400 m
File Number: 2017-ZBA-12
Page 289 of 300
Schedule 2
Aerial Photo
C3Subject Lands
File Number: 2017-ZBA-12
"lnwns}aipti
Proud Heritage, Exciting Futeore
A0 100 200 300 to
Page 290 of 300
8.d) Report No. DS2019-005. Andv Karaiskakis. Senior Planner re- Zonina ...
Schedule 3
A -Applicant's Site Plan
11' le (ship of
File Number 2017-ZBA-12 Proud Heritage, Exciting Aaffre
Page 291 of 300
b.a) Keport No. U52u'I U-UUS. AnaV KaralSKaKIS. 5enlor manner re: Lonlna .
Schedule 4
Ministry of Natural Resources & Forestry
- Natural Heritage System
,*Subject Lands Township f
Natural Heritage System = Provincially Significant Wetland Prosed Heritage, Exciting Future
Woodland 0 Unevaluated Wetland
o 400 m
File Number: 2017-ZBA-12 N l i i i I
Page 292 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule 5
Ministry of Agriculture,
-Agricultural System
��Subject Lands
Candidate Area
Prime Agricultural Area
File Number: 2017-ZBA-12
Food and Rural Affairs
Toltif�,0�2�['i
Proud Heritage, Exciting Fiume
0 400 Ili
N I I I ,,. i
Page 293 of 300
b.a) Keport NO. U52U'I9-UUb, Anay KaralSKaKIS, 5enlor Planner re: Lonl
Schedule 6
Official Plan Schedule A - Land Use
r; Subject Lands a
Oro Moraine Boundary Oro Moraine Core/corridor Area Towruhip of
Rural Oro Moraine EnhaneementArea Proud Heritage, Exciting Future - Mineral Aggregate Resources - Licensed
0 400 M
File Number: 2017-ZBA-12 N I
Page 294 of 300
Schedule 7
Official Plan Schedule B - Natural FeatiareS
C .'subject Lands
- Oro Moraine Core Area =1 Oro Moraine Boundary
Oro Moraine Enhancement Area L r Publicly Owned Lands
Provincially Significant Wetlands (EPI)
File Number: 2017-ZBA-12
774
Township of /
Proud Heritage, Exciting Future
0 400 m
N I_ d I i I
Page 295 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
as R
ne•
rse IIeY'R .
I
a
•R .
E C
S
Ritl a °
A/RU
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a*
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a
v
A/RU
A/RU
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Schedule 8
RUR2 (Rural Residential Two)
Existing Zoning L_] A/RU (Agricultural/Rural) -�
To>�nship of
M RP (Environmental Protection)
� ® 1 OS (Open Space) Subject Lands Froud Heritage, Exciting Future
i MAR1 (Mineral Aggregate Resource One)
M MAR2 (Mineral Agregate Resource Two) ft 0 400 m
File Number: 2017-ZBA-12 N I i i i I
Page 296 of 300
S&6UY
2019-005, Andy Karaiskakis, Senior Planner re- Zoning
...
(;j��[��J The Corporation of the Township Of Oro-Medonte
By -Law No. 2019-011
A By-law to amend the zoning provisions which apply to lands at
Lot 5, Concession 10 (Oro)
Township of Oro-Medonte
2017-ZBA-12 (Leslie Saila)
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 Sections 34 and 36 of the
Planning Act, R.S.O. 1990, c.P.13;
And Whereas Council deems it appropriate to rezone the subject lands.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
Schedule `All 7' to Zoning By-law 97-95, as amended, is hereby further
amended by changing the zone symbol applying to the lands located in Lot 5,
Concession 10 (Oro), Township of Oro-Medonte, from the Agricultural/Rural
(A/RU) Zone to the Agricultural/Rural Exception 294 - Holding (AIRU*294(H))
Zone and Open Space (OS) Zone, as shown on Schedule "A" attached and
forming part of this By-law.
2. Section 7.0 —is hereby further amended by adding the following subsection:
"7.294 *294 — Lot 5, Concession 10 (Oro), Township of Oro-Medonte (Glen
Oro Farm)
7.294.1 Permitted Uses
Notwithstanding Table A4 — Agricultural/Rural Zone and Mineral Aggregate
Resource Zones Permitted Uses and in addition to the permitted uses in the
AIRU Zone, on the lands zoned AIRU*294 the following uses are permitted:
a) On-farm diversified uses.
b) Agri -tourism uses.
7.294.2 Provisions
Notwithstanding any other provision in this by-law to the contrary, the
following provisions shall apply to the permitted uses identified in Section
7.294.1:
a) Minimum required parking spaces for
on-farm diversified uses and agri-tourism uses 100 spaces
b) Maximum footprint for an outdoor tent
structure 400.0 sq.m. (4,305.7 sq.ft.)
c) Multi-purpose building used for on-farm
Page 297 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
diversified uses
- maximum height 2 storeys - 11 m. (36 ft.)
- maximum first storey floor area 400.0 sq.m. (4,305.7 sq.ft.)
- maximum gross floor area 700.0 sq.m. (7,534.9 sq.ft.)
d) On-farm diversified uses may occupy no more than 1 % of the property on
which the uses are located, to a maximum of 0.8 hectares, which shall
include areas containing buildings, structures, outdoor storage, well and
septic systems, hard surface drivewaysllaneways and hard surface
parking areas. Existing laneways shared between agricultural uses and
on-farm diversified uses or agri-tourism uses are not to be included in the
area calculation.
e) Maximum number of guests for an on-farm diversified use shall be 250 per
event including staff and guests.
f) The on-farm diversified use events shall only occur between May 1 and
October 31 of each calendar year. Upon completion of the multi-purpose
building, the season of operation may be extended to include weekends
(Friday to Sunday) for the period between December 15 and the end of
March 31.
g) The maximum number of on-farm diversified use events, excluding
equestrian events, shall be 50 in a calendar year.
h) On-farm diversified use events will not be scheduled at the same time as
equestrian events in order to limit the number of guests attending the site
at any one time.
i) Hours of Operation 10:00am to 12:00 midnight
j) Maximum number of horse farm vacation
glamping sites 14
k) Maximum size of a glamping platform 36.0 sq.m. (387.5 sq.ft.)
1) Buildings accessory to a glamping area
- maximum number 2
- maximum floor area per building 40.0 sq.m (430.5 sq.ft.)
m) Maximum of two existing guest cabins shall be permitted.
n) Section 5.37.1 Minimum Distance Separation I (MDS 1) shall not apply.
o) On-farm diversified uses shall include, but not limited to, horse farm
vacation glamping area, walking tours and educational workshops, the
growing of local produce and serving of meals at ongoing equestrian riding
events as well as at weddings, horse farm and equestrian facilities
education programs for schools and other organizations and community
picnics charity dinners.
p) The on-farm diversified uses and agri-tourism uses shall be secondary to
the principal horse farm use on the subject lands.
q) The minimum setback for a parking area from a public street shall be 60
metres (196.8 feet).
r) The minimum setback from a glamping area in the West Half of Lot 5,
Concession 10 to a neighbouring lot line shall be 100 metres (328.0 feet).
s) On-farm diversified use and agri-tourism use buildings, structures and
facilities shall not be located within the Nottawasaga Valley Conservation
Authority regulated area without their approval."
3. Section 6.0 — DEFINITIONS — is hereby further amended by adding the
following new definitions:
Page 298 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
Agri -tourism uses
On-farm diversified uses
Glamping
"AGRI-TOURISM USES — means those farm -related tourism uses, including
limited accommodation such as bed and breakfast, that promote the
enjoyment, education or activities related to the farm operation."
"ON-FARM DIVERSIFIED USES - means uses that are secondary to the
principal agricultural use of the property, and are limited in area. On-farm
diversified uses include, but are not limited to, home occupations, home
industries, agri-tourism uses, and uses that produce value-added agricultural
products."
"GLAMPING — means a form of outdoor camping involving accommodation
and facilities (such as beds, electricity and access to indoor plumbing) not
usually associated with traditional camping."
4. That the Holding Provision shall be removed after the appropriate Site Plan is
approved by the Township, the related Site Plan Agreement is registered and
the Township has received the securities identified in the Site Plan
Agreement.
5. Schedule "A" attached to By-law No. 2019-011 is declared to form a part of
this By-law.
6. This By-law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
By -Law read a First, Second and Third Time, and Passed this 61" Day of February,
2019.
The Corporation of The Township Of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 299 of 300
8.d) Report No. DS2019-005, Andy Karaiskakis, Senior Planner re: Zoning ...
Schedule "A"
To By -Law No. 2019-011
The Corporation of the
Township of Oro-Medonte
2562
2721
2997
2744
2587
2883 C,
2562 2465
2464
ma
1008
cd ti^
510 q\� 1087
V_
963'yW\
2266 'y 2301
966
Lands to be rezoned from Agricultural/Rural (AIRU) Zone
to Agricultural/Rural Exception 294 Holding (AIRU"294(H)) Zone
Landsto be rezoned from AgtieulturaltRural (AIRU) Zone
to Open Space (OS) Zone
This is Schedule "A" to By -Law 2019-011
passed the 6th day of February, 2019
Mayor
H.S. Hughes
Deputy Cleric
J. Teeter
Township of Oro-Medonte
(Application 2019-ZBA-011) Page 300 of 300