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05 01 2019 Development Services Committee AgendaPage 3-25 26-55 56-95 96-116 117-142 143-171 ln�/a --%%s & Tawnship Prond Heritage, Exciting Future 1. Opening of Meeting: 2. Agenda Approval: a) Motion to Approve the Agenda. The Township of Oro-Medonte Development Services Committee Meeting Agenda Council Chambers 3. Disclosure of Pecuniary Interest: Wednesday, May 1, 2019 5:30 p.m. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 3, 2019. 5. Public Meetings: a) 5:30 p.m. 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 20, Concession 12 (Oro), Township of Oro-Medonte, 100 Line 12 South, 2019-ZBA-07 (William & Tracy McKillop); and Consent Application 2019-B-10, 100 Line 12 South (to be considered in conjunction with Proposed Amendment to the Zoning By -Law) [Refer to Item 8b and Item 5a) 05 01 2019 Council Agenda]. 6. Public Hearings: a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, 682 Line 9 South. b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-18 by Joe Francelj, 22 Oakmont Avenue. c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Planner re: Consent Application 2019-B-09 (Erwin), 1893 Ridge Road East. d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor Variance Application 2019-A-19, Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh, 1753 Ridge Road West. Page 1 of 230 172 - 200 e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor Variance Application 2019-A-20, John & Janet Thompson, 57 Eight Mile Point Road. 7. Deputations: None. 8. Reports of Municipal Officers: 201 - 207 a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-B-27 & 2019-A-06 (Cormier), 1179 Line 2 South - Local Planning Appeal Tribunal (LPAT) Hearing Representation. 208 - 222 b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent Application 2019-B-10 and Zoning By-law Amendment Application 2019- ZBA-07 by William & Tracey McKillop, 100 Line 12 South. 223-230 c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request for Pre -Servicing Agreement with South Shore Caden Estates Inc. for Draft Plan of Subdivision and Proposed Street Naming, Plan of Subdivision Application 2016 -SUB -02 (Kayley Estates), Part of West Half of Lot 6, Concession 14 (Medonte), Township of Oro-Medonte. 9. Communications: None. 10. Next Meeting Date: Wednesday, June 5, 2019. 11. Adjournment: a) Motion to Adjourn. Page 2 of 230 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, April 3, 2019 Present: Mayor H.S. Hughes Deputy Scott Jermey Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Regrets: Councillor Ian Veitch it Councillor Scott Macpherson Time: 5:31 p.m. Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Danielle Waters, Planner, Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk 1. Opening of Meeting': Deputy Mayor Jermey assumed the Chair and called the meeting to order. ,.dommobb. yoq%%N0 2. Agenda Approval: a) Motion to Approve the Agenda. ,* Motion No. DSC190403-1 it Moved by Greenlaw, Seconded by Scott It is recommended that the agenda for the Development Services Committee meeting of Wednesday April 3, 2019 be received and approved. Carried. Page 1 of 23 Page 3 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, March 6, 2019. Motion No. DSC190403-2 Moved by Keane, Seconded by Scott It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, March 6, 2019 be received and approved as printed and circulated. Carried. Page 2 of 23 Page 4 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. 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 17, Concession 9 (Oro), 565, 571 & 711 Line 8 North, 2019-ZBA-04 (Lucas, Partridge & Lamadeleine). [Refer to Item 9e) and Item 5b) 04 03 2019 Council Agenda]. Deputy Mayor Jermey called the meeting to order at 5:33 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 George Lucas, James Partridge and Phillippe Lamadeleine on the lands located at 565, 571 and 711 Line 8 North. Aw 101h, The following correspondence was received: Township of Oro-Medonte, Building Division dated March 13, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 13, 2019; Township of Oro-Medonte, Operations Division dated March 14, 2019; Enbridge Gas Inc. dated March 21, 2019. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Phillippe Lamadeleine, one of the applicants, was present. The following public persons offered verbal comments with respect to the proposed amendment: None. There being no further comments or questions, the meeting adjourned at 5:40 p.m. A digital recording of the meeting is available for review through the Township's website. 'X Item 9e) was dealt with at this time. Refer to Item 9e). NV4 Page 3 of 23 Page 5 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. b) 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 40, Concession 1 W.P.R. (Vespra), 3342 Penetanguishene Road, 2019-ZBA-05 (Lise Brunelle) [Refer to Item 9d) and Item 5a) 04 03 2019 Council Agenda]. Deputy Mayor Jermey called the meeting to order at 5:42 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 Applications by Lise Brunelle on the lands located at 3342 Penetanguishene Road. A& The following correspondence was received: Township of Oro-Medonte, Building Division dated March 13, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 13, 2019; Township of Oro-Medonte, Operations Division dated March 14, 2019; Severn Sound Environmental Association dated March 20, 2019; Enbridge Gas Inc. dated March 25, 2019; Nottawasaga Valley Conservation Authority dated March 26, 2019; County of Simcoe, Transportation and Engineering dated March 29, 2019. Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. I'qq� '1%1h, Lise Brunelle, applicant, was present. '' The following public persons offered verbal comments with respect to the proposed amendment: None. There being no further comments or questions, the meeting adjourned at 6:02 p.m. A digital recording of the meeting is available for review through the Township's website. 'N 1% Item 9d) was dealt with at this time. Refer to Item 9d). go Page 4 of 23 Page 6 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. 6. Public Hearings: a) Report No. DS2019-41, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-09 by Tom & Darlene Bannerman, 24 Oakmont Avenue. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 19, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 19, 2019. Derek Witlib, Manager, Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. jr Darlene Bannerman, applicant, was present. The following public persons offered verbal comments: N Motion No. DSC190403-3 Moved by Greenlaw, SecondedCott It is recommended 1. That Report No. DS2019-41, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-09 by Tom & Darlene Bannerman, 24 Oakmont Avenue be received and adopted. 2. That Minor Variance Application 2019-A-09 by Tom & Darlene Bannerman, specifically for permission to permit a deck to be attached at the rear of the single detached dwelling with a rear yard setback of 3.5 metres (11.4 feet), on lands municipally known as 24 Oakmont Avenue, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 7.233 of Zoning By-law 97-95, as amended, the proposed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed deck 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 (including variance dimension(s) verification by a qualified professional) 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 5 of 23 Page 7 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. b) Report No. DS2019-45, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2019-A-10 by Suzanne Caudry, 19 & 21 Pemberton Lane. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019; Lake Sim Coe Region Conservation Authority received April 3, 2019. Derek Witlib, Manager, Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. jr Zarum, on behalf of the applicant, was present. The following public persons offered verbal comments: N Motion No. DSC190403-4 Moved by Scott, Seconded by Kea e It is recommended 1. That Report No. DS2019-45, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2019-A-10 by Suzanne Caudry, 19 & 21 Pemberton Lane be received and adopted. 2. That Minor Variance Application 2019-A-10 by Suzanne Caudry specifically to permit the construction of a boathouse with a maximum height of 5.66 metres (18.6 feet) on lands located in Part of Lot 1, Range 1 (Oro), known as 19 and 21 Pemberton Lane, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.6 e) of Zoning By-law 97-95, the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy any permits and/or approvals from the Lake Simcoe Region Conservation Authority; d) That the appropriate Site Plan Approval, 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 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 6 of 23 Page 8 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. c) Report No. DS2019-38, Danielle Waters, Planner re: Minor Variance Application 2019- A-11, Vito DeFrancesco, 15 Greenwood Forest Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 18, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019; Lake Simcoe Region Conservation Authority dated March 22, 2019. Derek Witlib, Manager, Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Vito DeFrancesco, applicant, was present. The following public persons offered verbal comments: None. Motion No. DSC190403-5 Moved by Greenlaw, Seconded by Scott It is recommended � lqww. 1. That Report No. DS2019-38, Danielle Waters, Planner re: Minor Variance Application 2019-A-11, Vito DeFrancesco, 15 Greenwood Forest Road be received and adopted. 2. That Minor Variance Application 2019-A-11 by Vito DeFrancesco specifically to permit the construction of an addition with a reduced interior side yard setback of 1. m. (3.9 ft.) and a reduced encroachment for a deck to 1.2 m. (3.9 ft.) on lands municipally known as 15 Greenwood Forest Road, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 4.1 Table B1 and Section 5.7 c), the addition and i• deck shall otherwise comply with all other applicable provisions of the Zoning By- law; b) That the proposed addition and 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 appropriate LSRCA Permit, Zoning Certificate (including variance dimension(s) verification by a qualified professional), 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. Items 8a) and 9f) were dealt with at this time. Refer to Items 8a) and 9f). Page 7 of 23 Page 9 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. d) Report No. DS2019-40, Andy Karaiskakis, Senior Planner re: Consent Applications 2019-B-06 & 2019-B-07, Skyline Horseshoe Valley Inc., The Heights of Horseshoe Ski & Country Club, Part of Lots 1 and 2, Concession 3 (Medonte) [To be considered in conjunction with Item 6e)]. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 19, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 19, 2019; Township of Oro-Medonte, Operations Division dated March 19, 2019; Nottawasaga Valley Conservation Authority dated March 26, 2019; Bell Canada, Right of Way dated April 1, 2019. A& Derek Witlib, Manager, Planning Services explained the purpose and effect of the application. A PowerPoint presentation was presented. The applicant was not present. The following public persons offerer Motion No. DSC190403-6 Moved by Greenlaw, Seconded by It is recommended 1. That Report No. DS2019-40, Andy Karaiskakis, Senior Planner re: Consent Applications 2019-B-06 & 2019-B-07, Skyline Horseshoe Valley Inc., The Heights of Horseshoe Ski & Country Club, Part of Lots 1 and 2, Concession 3 (Medonte) be received and adopted. 2. That Consent Application 2019-B-06 by Skyline Horseshoe Valley Inc. to grant an easement possessing an area of approximately 0.2 hectares (0.49 acres) in favour of The Heights of Horseshoe Ski and County Club for access and utility purposes, on lands located at Part of Lot 1, Concession 3, Parts 14, 30, 47, 48 and 50, Reference Plan 51 R-32830 (Medonte), be approved, 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 which conforms substantially with the application as submitted; b) 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; c) That all municipal taxes be paid to the Township of Oro-Medonte; d) 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, Page 8 of 23 Page 10 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. e) 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 Consent Application 2019-B-07 by The Heights of Horseshoe Ski & Country Club to grant an easement possessing an area of approximately 0.4 hectares (0.9 acres) in favour of Skyline Horseshoe Valley Inc. for access and utility purposes, on lands located at Part of Lots 1 and 2, Concession 3, Parts 1 and 2, Reference Plan 51 R-22624; Parts 5, 6, 7, 46 and 49, Reference Plan 51 R-32830 (Medonte), be approved, 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 which conforms substantially with the application as submitted; b) 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; c) That all municipal taxes be paid to the Township of Oro-Medonte; d) 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, e) 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. 4. That the applicant be advised of the Committee's decisions under the Secretary - Treasurer's signature' Carried. A digital recording of the hearing is available for review through the Township's website. e) Report No. DS2019-40, Andy Karaiskakis, Senior Planner re: Consent Applications 2019-B-06 & 2019-B-07, Skyline Horseshoe Valley Inc., The Heights of Horseshoe Ski & Country Club, Part of Lots 1 and 2, Concession 3 (Medonte) [To be Considered in Conjunction with Item 6d)]. Refer to Item 6d). Page 9 of 23 Page 11 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. f) Report No. DS2019-39, Danielle Waters, Planner re: Minor Variance Application 2019-A- 12, Brandon Clark, 21 Windfields Drive West. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Biajio Rinaldi, on behalf of the applicant, was prese The following public persons offered verbal comments: None. Motion No. DSC190403-7 Moved by Keane, Seconded by Scott It is recommended vdbhh� 1W 1. That Report No. DS2019-39, Danielle Waters, Planner re: Minor Variance Application 2019-A-12, Brandon Clark, 21 Windfields Drive West be received and adopted. 2. That Minor Variance Application 2019-A-12 by Brandon Clark specifically to permit the construction of a single family dwelling and attached garage with a reduced common wall from 40.0% to 17.8% on lands municipally known as 21 Windfields Drive West, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding the definition of an "attached Garage", the single family dwelling and attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single family dwelling and attached garage with a reduced common wall 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, Entrance Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. That the applicants 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. Page 10 of 23 Page 12 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. g) Report No. DS2019-35, Catherine McLean, Planner re: Consent Application 2018-B-08, Hewitt Creek Farms Ltd., 200 Line 5 North. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 19, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 19, 2019; Township of Oro-Medonte, Operations Division dated March 19, 2019; Bell Canada, Right of Way dated March 25, 2019; County of Simcoe, Planning Department dated March 28, 2019; Kevin Eisses dated April 2, 2019. Andria Leigh, Director, Development 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: Peter Galloway provided concerns and requested details with respect to the deferral, concerns with respect to the possibility of the severance being used as a full farm, potential use for the outbuildings, types of animals allowed, and limitations/use of future development as development has occurred in the area (Lake Simcoe Regional Airport and solar farms). Motion No. DSC190403-8 Moved by Scott, Seconded by Ke, It is recommended 1. That Report No. DS2019-35, Catherine McLean, Planner re: Consent Application 2018-B-08, Hewitt Creek Farms Ltd., 200 Line 5 North be received and adopted 2. That Consent Application 2019-B-08, pertaining to lands municipally known as 200 Line 5 North, to permit a boundary adjustment, be deferred, at the applicant's request, to provide the applicant time to address County of Simcoe and Township Planning staff comments. 3. 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. Page 11 of 23 Page 13 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. h) Report No. DS2019-32, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-13, Steve Ricalis & Paula Rintoul, 1003 Lakeshore Road East. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019; Ian Rowe dated March 20, 2019; Lake Simcoe Region Conservation Authority dated March 29, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Warren Northcott, on behalf of the applicant, was prese The following public persons offered verbal comments: Motion No. DSC190403-9 Moved by Greenlaw, Seconded by Scott If It is recommended 1. That Report No. DS2019-32, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-13, Steve Ricalis & Paula Rintoul, 1003 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2019-A-13 by Steve Ricalis & Paula Rintoul, specifically to permit a detached accessory building (garage) with a front yard setback of 3.65 metres (11.9 feet) on the lands municipally known as 1003 Lakeshore Road East, 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 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, Professional Engineer or Certified Engineering Technologist 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 3.65 metres (11.9 feet) 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 12 of 23 Page 14 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. i) Report No. DS2019-37, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A14, Marion Joyce Logie and Roderick Arthur James Gordon, 1374 Moonstone Road West. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 18, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019; Township of Oro-Medonte, Building Division dated March 19, 2019; Nottawasaga Valley Conservation Authority dated March 26, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. 6,1 Roger Gordon, applicant, was present. The following public persons offered verbal comments: Motion No. DSC190403-10 Moved by Scott, Seconded by Keane It is recommended 1. That Report No. DS2019-37, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A14, Marion Joyce Logie and Roderick Arthur James Gordon, 1374 Moonstone Road West be received. 2. That Minor Variance Application 2019-A-14 by, Marion Joyce Logie and Roderick Arthur James Gordon, specifically for permission to construct an addition/garage/apartment with a 3.7 metre setback from the limit of the Environmental Protection (EP) Zone, and a 9.0 metre setback from a slope; that the addition/garage have a minimum 26% of the length of the wall shared in common with the dwelling; and that the apartment that is located in the garage/addition will have a shared egress with the dwelling, and will have a maximum floor area of 87.3 square metres for the apartment on the lands municipally known as 1374 Moonstone Road West, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Sections 5.27, 5.31, 5.4(c), 5.4(d), and 6.0 of Zoning By-law 97-95, the proposed attached garage and breezeway will otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed attached garage and breezeway 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; Page 13 of 23 Page 15 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. c) That an Ontario Land Surveyor, Professional Engineer or Certified Engineering Technologist verify by pinning the foundation wall, if necessary, of the attached garage and breezeway in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the attached garage and breezeway is located no closer than 3.7 metres (12.1 feet) from the Environmental Protection (EP) zone boundary; d) That prior to obtaining a Building Permit from the Township, the applicant satisfy any permits and/or approvals, from the Nottawasaga Valley Conservation Authority; and e) That the appropriate Zoning Certificate, Engineered Lot Grading (if required) 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. A& I%h, Carried. A digital recording of the hearing is available for review through the Township's website. Page 14 of 23 Page 16 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. j) Report No. DS2019-33, Catherine McLean, Planner re: Minor Variance Application 2019-A- 15 by Andrew Rigden, 27 Monica Court. The following correspondence was received: Township of Oro-Medonte, Building Division dated March 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated March 15, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019; Donald Baker and Al Ismail received March 29, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Taylor Pratt-Dafoe and Ray Duhamel, The Jones Consulting Group, on behalf of the applicant, were present. A PowerPoint presentation was presented. The following public persons offered verbal comments: None. Motion No. DSC190403-11 Moved by Scott, Seconded by Greenlaw It is recommended 1001001b,. lqw 1. That Report No. DS2019-33, Catherine McLean, Planner re: Minor Variance Application 2019-A-15 by Andrew Rigden, 27 Monica Court be received and adopted. 2. That Minor Variance Application 2019-A-15 by Andrew Rigden, specifically to permit the construction of an addition to a single detached dwelling with a reduced front yard setback of 6.0 metres (19.7 feet) and a reduced interior side yard setback of 1.2 metres (3.9 feet), on lands municipally known as 27 Monica Court, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of written certification, if required, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 6.0 metres (19.7 feet) from the front lot line and no closer than 1.2 metres (3.9 feet) from the interior side lot line; and, d) 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. Page 15 of 23 Page 17 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. k) Report No. DS2019-36, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-16, Craig and Sandie Drury, 669 Penetanguishene Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated March 18, 2019; Township of Oro-Medonte, Operations Division dated March 18, 2019; Township of Oro-Medonte, Building Division dated March 19, 2019; Nottawasaga Valley Conservation Authority dated March 26, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. jr Matt Pryce, on behalf of the applicant, was present. The following public persons offered verbal comments: N Motion No. DSC190403-12 Moved by Keane, It is recommende Seconded by Scott d X% 1. That Report No. DS2019-36, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-16, Craig and Sandie Drury, 669 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2019-A-16 by, Craig and Sandie Drury, specifically for permission to construct a detached accessory building with a maximum size of 139.35 square metre (1500.0 square feet), and a maximum height of 5.05 metres (16.56 feet) on the lands municipally known as 669 Penetanguishene Road, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.4 & 5.1.6 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed 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 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. 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 16 of 23 Page 18 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes – Wednesday, April 3, 2019. 7. Deputations: •CM 8. Communications: a) Correspondence dated March 22, 2019 from Caron and Don Lewis re: A Request to Amend the Subdivision Agreement to Allow for Permit Submission Prior to Substantial Completion, Henry Ball Court, Lot 24, Warminster [Refer to Item 9f)]. Motion No. DSC190403-13 Moved by Keane, Seconded by Scott It is recommended that the correspondence dated March 22, 2019 from Caron and Don Lewis re: A Request to Amend the Subdivision Agreement to Allow for Permit Submission Prior to Substantial Completion, Henry Ball Court, Lot 24, Warminster be received and considered in conjunction with Item 9f) Report No. DS2019-48, Derek Witlib, Manager, Planning Services re: Amendment to Subdivision Agreement Meadow Acres Ph. 1 Stage 2, Registered Plan 51 M-1086, Application: 2015 -SUB -03 (43-T- 90082). 9. Reports of Municipal Officers: Carried. a) Memorandum dated April 3, 2019 from Andy Karaiskakis, Senior Planner re: Minor Variance Application — 2018-A-49, 151 Mount St. Louis Road East, Township of Oro- Medonte. Motion No. DSC190403-14. Moved by Scott, Seconded by Keane It is recommended 1. That the memorandum dated April 3, 2019 from Andy Karaiskakis, Senior Planner re: Minor Variance Application — 2018-A-49, 151 Mount St. Louis Road East, Township of Oro-Medonte be received and adopted. 2. That Committee provide clearance for Conditions 2(c) and (d) imposed on the Notice of Decision for Minor Variance Application 2018-A-49. 3. That the applicant be advised of the Committee's decision under the Secretary - Treasurer's signature. Carried. Page 17 of 23 Page 19 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. b) Report No. DS2019-044, Andria Leigh, Director, Development Services re: Draft Plan of Subdivision Application 2003 -SUB -01 and Zoning By-law Amendment Application 2018- ZBA-02, Craighurst Land Corporation, Part of Lots 41 and 42, Concession 1 (Medonte) [to be distributed]. Motion No. DSC190403-15 Moved by Scott, Seconded by Greenlaw It is recommended A& 1. That Report No. DS2019-044, Andria Leigh, Director, Development Services re: Draft Plan of Subdivision Application 2003 -SUB -01 and Zoning By-law Amendment Application 2018-ZBA-02, Craighurst Land Corporation, Part of Lots 41 and 42, Concession 1 (Medonte) be received and adopted. 2. That Draft Plan of Subdivision Application 2003 -SUB -01 (Craighurst Land Corporation) as shown on Schedule 3, be received. 3. That the draft plan conditions be circulated to Township departments and outside agencies for a 30 day review period. 4. That pending this additional review period the draft plan and draft plan conditions be revised accordingly. 5. That the Notice of Decision be issued subsequent to completion of recommendation #4 above. 6. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 18 of 23 Page 20 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. c) Report No. DS2019-43, Todd Weatherell, Intermediate Planner re: Consent Application 2018-B-35, Carl and Rebecca Campitelli, 525 Ingram Road. Motion No. DSC190403-16 Moved by Keane, Seconded by Scott It is recommended 1. That Report No. DS2019-43, Todd Weatherell, Intermediate Planner re: Consent Application 2018-B-35, Carl and Rebecca Campitelli, 525 Ingram Road be received and adopted. ANEW 2. That the Development Services Committee grant provisional consent to Application 2018-B-35 to convey a parcel having an area of approximately 1.0 hectares (2.47acres) and a lot frontage of approximately 96.0 metres (315 feet), subject to the following conditions: a) 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 parkland contribution, confirmation of location of existing septic system on the severed parcel; b) That the applicant applies for and obtains approval of a Minor Variance to permit a minimum lot area of 1.0 hectare (2.47 acres) for a hobby farm on the severed parcel; and Iddmwb� 4, k, c) That the applicant pay $2,000.00 for the lot created as cash -in -lieu of a parkland contribution; d) 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; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the Certificate of Consent be issued utilizing Form 2, Section 53 (42) of the Planning Act, R.S.O. 1990; and h) 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 Secretary -Treasurer's signature. Carried. Page 19 of 23 Page 21 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. d) Report No. DS2019-46, Derek Witlib, Manager, Planning Services re: Consent Application 2019-B-05 and Zoning By-law Amendment Application 2019-ZBA-05 by Lise Brunelle, 3342 Penetanguishene Road. Motion No. DSC190403-17 Moved by Keane, Seconded by Scott It is recommended 1. That Report No. DS2019-46, Derek Witlib, Manager, Planning Services re: Consent Application 2019-B-05 and Zoning By-law Amendment Application 2019-ZBA-05 by Lise Brunelle, 3342 Penetanguishene Road be received. 2. That the Development Services Committee grant provisional consent to Consent Application 2019-B-05 pertaining to lands located at 3342 Penetanguishene Road in Part of Lot 40, Concession 1 W.P.R. (Vespra), Township of Oro-Medonte, to create a new parcel to facilitate future development. 3. That the following conditions be imposed on the Committee's decision: 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 which conforms substantially with the application as submitted; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; c) That the applicant pay 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 By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) 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; e) That the retained lands be rezoned to a Residential One Zone to the satisfaction of the Township of Oro-Medonte; f) That the applicant identify the location of the sewage system and all wells on both the severed and retained parcels, to the satisfaction of the Township's Building Division; g) That all municipal taxes be paid to the Township of Oro-Medonte; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; i) That the applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in a road allowance widening along the entire frontage of the subject property adjacent to County Road 93 to provide an 18.0 metre right-of-way from the centre line of County Road 93. If this widening has the potential of encroaching on a septic bed, a 1.5 Page 20 of 23 Page 22 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. metre buffer around the septic bed will be considered. The County of Simcoe is requesting the road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 93 is required pursuant to the County's standards for construction and is consistent with proper safety standards; j) That the applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widenings to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the County and to be executed where required by the Applicant; k) That the Applicant shall submit to the Legal Services Department of the County a deposit in the amount of $1000.00 prior to the services being rendered. Invoices will be submitted on a cost recovery basis and applied against the deposit. Additional deposits may be required, and any excess over the total invoices will be refunded; 1) That the applicant must apply for a Residential Entrance Permit for the retained and severed parcel. The County has no record of an Entrance Permit for this property. The County of Simcoe Entrance By-law No. 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road; and, m) 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. 4. That Zoning By-law Amendment Application 2019-ZBA-05 by Lise Brunelle, specifically to rezone to a Residential One (R1) Zone the retained lands identified in Consent Application 2019-ZBA-05 for lands located at 3362 Penetanguishene Road in Part of Lot 40, Concession 1 W.P.R. (Vespra), Township of Oro-Medonte, be approved. 5. That the appropriate By-law (draft By-law 2019-033) be brought forward for Council's consideration. 6. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Carried. Page 21 of 23 Page 23 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. e) Report No. DS2019-47, Derek Witlib, Manager, Planning Services re: Zoning by-law Amendment Application 2019-ZBA-04, 2018-B-20 by G. Lucas, J. Partridge & P. Lamadeleine, 565, 571 & 711 Line 8 North. Motion No. DSC190403-18 Moved by Scott, Seconded by Keane It is recommended 1. That Report No. DS2019-47, Derek Witlib, Manager, Planning Services re: Zoning by-law Amendment Application 2019-ZBA-04, 2018-B-20 by G. Lucas, J. Partridge & P. Lamadeleine, 565, 571 & 711 Line 8 North be received and adopted. 2. That Zoning By-law Amendment Application 2019-ZBA-04 by G. Lucas, J. Partridge & P. Lamadeleine, specifically to rezone to a Rural Residential Two Zone Exception Zone (RUR2*296) Zone the total merged lands identified in Consent Applications 2018-B-20 and 2018-B-21, located at 565, 571 & 711 Line 8 North in Part of Lot 17, Concession 9 (Oro), Township of Oro-Medonte, be approved. 3. That the appropriate By-law (draft By-law 2019-034) be brought forward for Council's consideration. 4. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Ak N Carried. f) Report No. DS2019-48, Derek Witlib, Manager, Planning Services re: Amendment to Subdivision Agreement Meadow Acres Ph. 1 Stage 2, Registered Plan 51 M-1086, Application: 2015 -SUB -03 (43-T-90082). Motion No. DSC190403-19 Moved by Scott, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-48, Derek Witlib, Manager, Planning Services re: Amendment to Subdivision Agreement Meadow Acres Ph. 1 Stage 2, Registered Plan 51 M-1086, Application: 2015 -SUB -03 (43-T-90082) be received and adopted. 2. That the request by 2063334 Ontario Inc. to permit Building Permits prior to the Township's issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) Meadow Acres Subdivision Phase 1 (Stage 2), Registered Plan 51 M-1086, be denied. 3. That the owner be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. Page 22 of 23 Page 24 of 230 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, April 3, 2019. 10. Next Meeting Date: May 1, 2019. 11. Adjournment: a) Motion to Adjourn. Motion No. DSC190403-20 Moved by Keane, Seconded by Scott It is recommended that we do now adjourn at 8:36 p.m. Deputy Mayor Jermey, Chair Carried. Derek Witlib, Manager, Planning Services Page 23 of 23 Page 25 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 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 2019-ZBA-07 (William & Tracy McKillop) Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Act on the 5th day of April, 2019. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on Wednesday, May 1, 2019 at 5:30 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to the Zoning By-law. The subject lands are located at 100 Line 12 South and are described as Part of Lot 20, Concession 12 (Oro). A key map illustrating the location of the subject lands and a detail map identifying the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the applicant's lands from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception (A/RU*) Zone to prohibit new residential uses on the retained lands. This Zoning By- law Amendment Application has been submitted in conjunction with Consent Application 2019-B-10. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Zoning By-law Amendment. Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Secretary -Treasurer, The Corporation of the Township of Oro-Medonte to be received no later than 12:00 p.m. noon on May 1, 2019. Please ensure that you include your name and address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Secretary -Treasurer, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. The application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro- medonte.ca. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services Page 26 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... plan ning@oro-medonte.ca Dated at the Township of Oro-Medonte this 11th day of April, 2019. Key Map ® Subject Lands Severance & Rezoning Sketch LANDS TO BE RETAINED & REZONED TO PROHIBIT RESIDENTIAL USES sri LANDS TO BE SEVERED Page 27 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Friday, April 12, 2019 9:06 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; 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, May 1, 2019 (2019-6- 10) McKillop Building Division comments are as follows; 1. Applicant to identify locations of all sewage systems and their proximity to proposed lot lines. Garry McCartney Chief Building Official Township of Oro-Medonte Page 28 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Friday, April 12, 2019 10:04 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Falconi, Teresa <tfalconi@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, May 1, 2019 (2019-6- 10) McKillop Andy Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 29 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Friday, April 12, 2019 10:02 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Falconi, Teresa <tfalconi@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 Receipt of Complete Application and Notice of Public Meeting, 2019-ZBA-07 (McKillop) - Development Services Committee Meeting Scheduled for May 1, 2019 Andy Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 30 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca April 17, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Consent Application and Zoning By-law Amendment 100 Line 12 South Township of Oro-Medonte www. LSRCA.on.ca File No: 2018-B-10 2019-ZBA-07 IMS File No.:CO-155146-041219 ZO-155146-041219 Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Consent and Zoning Amendment applications. We understand that the purpose and effect of these applications is to permit the creation of a new lot through the severance of a dwelling described as surplus to a consolidated farming operation. The subject property will also be rezoned to prohibit new residential uses on the retained lands. The LSRCA has reviewed the applications 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. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of a watercourse (Hawkestone Creek) and associated flooding and erosion hazards and an unevaluated wetland. The provided materials indicate the proposed location for the new lot is not within an area governed Ontario Regulation 179/06. LSRCA confirm the proposal is in conformity with provincial and regional policies and have no objections to the Consent and Zoning Amendment Applications. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 31 0IF236•809.465.0437 5.a) 5:30 p.m. Notice of Receipt of a Complete Applicatftr$WeetemfbFa... Page 2 of 3 Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, 1 75- Aloxil Shawn Filson Development Planner Page 32 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... &4NBRIDGE April 24, 2019 Andria Leigh Director, Development Services Township of Oro-Medonte Planning Department 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Andria, Re: Zoning By-law Amendment William & Tracey McKillop 100 Line 12 South Part Lot 20, Concession 12 (Oro) Township of Oro-Medonte File No.: 2019-ZBA-07 Enbridge Gas Inc. does not object to the proposed application(s). Enbridge Gas Inc 500 Consumers Road North York, Ontario M2J 1P8 Canada Enbridge Gas Inc. reserves the right to amend or remove development conditions. Sincerely, Alice Colema. Municipal Planning Coordinator Long Range Distribution Planning ENBRIDGE GAS INC. TEL: 416-495-5386 Municipal Planning(a)enbridge.com 500 Consumers Rd, North York, ON, M2J 1P8 enbridgecias.com Safety. Integrity. Respect. Page 33 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... County of 5imcoe Main Line (705) 725-9364 S1�i�cywN-ryt r Planning Department Toll Free (866) 893-9300 " ' ` E 1110 Midhurst, 727-4276 PLANNING t, Ont rio L9x 1N6 s mcoe.ca 1 •� April 25, 2019 ** VIA EMAIL** Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2E0 Mr. Karaiskakis, Subject: Consent Application 2019-B-03 & Zoning By-law Amendment 2019-ZBA-07 County Files: OM -B-19012 & OM-ZBA-1905 Location: 100 Line 12 South Owner/Applicant: William & Tracy McKillop Thank you for circulating the County regarding the above -noted application. It is County Planning staff's understanding that the applicant is seeking approval to create a new 1.6 hectare (4.0 acre) residential lot containing an existing dwelling that is surplus to a farming operation as a result of farm consolidation. The proposed retained portion of the subject property would be approximately 36.8 hectares (90.9 acres). The associated zoning by-law amendment application noted above proposes to rezone the lands to prohibit a future dwelling unit on the retained lands. The subject lands are designated Agricultural per `Schedule 5.1 — Land Use Designations' to the Simcoe County Official Plan (SCOP). The objective of the Agricultural designation is to enable the agricultural industry to function effectively in prime agricultural areas by accommodating uses and facilities which support the agricultural economy (Section 3.6.2). In the Agricultural designation, lot creation is discouraged and may only be permitted under limited circumstances. In accordance with Section 3.6.7 of the County's Official Plan and Section 2.3.4.1(c) of the Provincial Policy Statement (PPS), a residence surplus to a farming operation as a result of farm consolidation is permitted 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. Residence surplus to a farming operation is a defined term in SCOP and PPS and means "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." The Township should be satisfied that the farm consolidation involves the acquisition of additional farm parcels to be operated as one farm operation. County Planning staff do not object to the proposed consent application in principal however, we request that the new lot be restricted to the approximate maximum size of one hectare in order to conform to SCOP Section 3.6.7 and PPS 2.3.4.1.c.1. Unless the applicant is able to provide evidence of environmental or design constraints, a lot size of 1.6 hectares would not be supported. Page 1 of 2 Page 34 of 230 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... .-M—Emma 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 Ont io 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(a)simcoe.ca T: 705-726-9300 ext. 1912 cc: Andria Leigh, Director of Development Services — Township of Oro-Medonte Dan Amadio, Manager of Planning — County of Simcoe Page 2 of 2 Page 35 of 230 Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Address: 100 Line 12 South Zoning: Agricultural/Rural (A/RU) & Environmental Protection (EP) Official Plan: Agricultural Existing Development: Single detached dwelling, agricultural buildings -�I Cn w 0 z 0 0 0 h 0 0 0 0 3 D 0 o 0 W Township of � O PrauA Heringge, Excilin8 Future 7 0 n. 0 h V Zoning By-la%A Aerial Photo m W 0 N W O Consent Application 2019-B-10 & McKillop/Shelswell) i4 Township of P,,wd Hrrirnge, Extifing Frcrnrr Cn w 0 0 0 0 h 0 0 0 0 3 0 D 0 v 0 Z 0 0 CD 0 T� V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Consent Application 2019-6-10: The purpose of Consent Application 2019-13-10 is to sever a lot containing the existing dwelling on the basis that the dwelling is surplus to the purchaser's consolidated farm operation. The details of the proposed consent (severance), as revised by the applicant, are: M v CD W CO CA Township of 0 P,,wd Hrrirnge, Extifing Frcrnrr Cn w 0 0 0 M O h M 0 M O h v C� O 3 m CD D 0 O Z O n CD O T� V Lands to be Severed: Lands to be Retained: Frontage: Approx. 100.5 m. (330.0 ft.) along Line 12 South Approximately 428.0 m. (1,404.1 ft.) along Line 12 South Depth: Approximately 99.1 m. (325.2 ft.) Irregular Area: Approximately 1.0 ha. (2.47 ac.) Approx. 37.4 ha (92.4 ac.) Use: Continued Residential Continued Agricultural M v CD W CO CA Township of 0 P,,wd Hrrirnge, Extifing Frcrnrr Cn w 0 0 0 M O h M 0 M O h v C� O 3 m CD D 0 O Z O n CD O T� V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Applicant's Consent Sketch (C) .r N O s i4 N Township W O P,,wd Hrrirnge, Extirinkr Frrrrrrr Cn w O z O O h O O 3 m CD D n O z O n CD O T� V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w 0 Zoning By-law Amendment Application 2019-ZBA-07: The Consent application has been submitted along with related Zoning By-law Amendment Z Application 2019-ZBA-07. The purpose of the Zoning By-law Amendment application is to rezone 0 the proposed retained lot from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception m (A/RU*) Zone to prohibit new residential uses on the retained lands. o 0 0 0) keg-, cu m D m C) n' of 0 WTownship O PrauA Heringge, Exciting Future Z 0 n. 0 h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) LANDS TO Applicant's BE SEVERED LANDS TO BE Zoning Sketch RETAINED & REZONED TO PROHIBIT' RESIDENTIAL USES t _ Cn w 0 .. O 0' CE) O CE) 0 CE) O M W D A.+ 0 E 4 �~ i O Township of D P,,wd Hrrirnge, Extirinkr Frrrrrrr 7 O n O h V O 3 a� N N D A.+ 0 E 4 �~ i O Township of D P,,wd Hrrirnge, Extirinkr Frrrrrrr 7 O n O h V Consent Application 2019-B-10 & Zoning By-law Amendr Township Official Plan - Land Use C:Subject Lands Environmental Protection Two - Industrial Rural - Recreational Agricultural 0 Hawkestone Expansion Area ielswell) O�s h 1A zd N Township of O PrauA Heringge, Excising Future Cn w 0 0 0 CD O h (D 0 CD O h C� O 3 CD CD D 0 O Z O 0 CD O T� V E� Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) v m W 0 h N W O Township of Prmid Herif,rge, Exciting Falure P, Cn w 0 0 0 m O h cu 0 m O v n O 3 m CD D 0 v 0 Z O n CD O T� V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) 14 Township of PrauA Heritgge, Exciting Future VA Vie �g gr rgz as W O Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w 0 0 0 0 h 0 0 (D 0 0) 0 0 3 m cu D Tou rufiip ofi4� P,,wd Hrrirnge, Extifing Frcrnrr 7 0 n. 0 h V Vie 1:4 r rgzz Ms W O Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w 0 0 0 0 h 0 0 (D 0 0) 0 0 3 m cu D Township of � Proad Heritgge, Exciting Future 7 0 n. 0 h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) View looking west from idne 12 South of etained agricultural Inds to be rezoned to hhibit residential uses W 0 Cn w 0 Z 0 0 0 h 0 0 0 0 0 3 m cu D 0 _ 0 Township of 0 Chi PrauA Heringge, Exciting Future 7 0 n. 0 h V Zonin Consent Application 2019-B-10 & -law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w 0 0 0 h 0 0 0) 3 D Public Notice Signs and views alongLine 12 South �=� p PrauA Heritgge, Exciting Future z O n. O h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Vjw of existing dwelling on seMered lands N Township 0 W O PrauA Herif,rge, Esriring Future Ui w 0 0 0 0 h 0 0 0 0 3 0 D 0 v 0 Z 0 0 CD 0 T� V Vin laMJ p rW W O Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w 0 0 0 h 0 0 0) 0 0 3 D o Township of PrauA Heritgge, Exciting Future 7 0 n. 0 h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) N W O tou�nsmp o� Prmid Herif,rge, Exciting Falure Cn w 0 m Cn N O_ N W O Zoning By-law a Consent Application 2019-B-10 & Amendment 2019-ZBA-07 (McKillop/Shelswell) Views of aiaricultural buildinias on retained lands Cn w 0 z O O h 0 O O 3 D 0 0 O PrauA Heritgge, Exciting Future Z O n. O h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w Conclusion: This concludes staff's summary/overview of the planning context and z p g z summary of Consent Application 2019-B-10 and Zoning By-law Amendment 00 Application 2019-ZBA-07. 0 Comments from the applicant, public and members of the Committee will 0 now be received. 0 3 As both applications are being considered together, Staff Report DS2019-056 W has been prepared and recommends approval of the applications. 0 WTownship of 0 O PrauA Heringge, Exciting Future 7 0 n. 0 h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) P (a) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario LancE Recommended Surveyor be submitted to the Committee Secretary -Treasurer which conforms substantially with the application as submitted; Conditions (b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the z of Consent: parcel severed, for review by the Municipality and for use for the issuance of the certificate of o consent; m (c) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each 0- residential lot to be created as cash -in -lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; LD. (d) That the applicant successfully apply to the municipality to amend the Zoning By-law to 0 prohibit new residential uses on the retained lands; W (e) That the applicant's solicitor provide a written undertaking to the Secretary -Treasurer o indicating that the retained lands (farmland) will be transferred into the name of the 3 farmer/farming corporation which operates an agricultural operation on the lands legally m described as Part of Lots 19 and 20, Concession 13; `D D (f) That the applicant to identify the location of the sewage system in proximity to proposed lot lines, to the satisfaction of the Township's Building Division; 0 WTownship of 0 O PrauA Heringge, Exciting Future 7 O n. CD 0 h V Consent Application 2019-B-10 & Zoning By-law Amendment 2019-ZBA-07 (McKillop/Shelswell) Cn w Recommended Conditions (g) That all municipal taxes be paid to the Township of Oro-Medonte; z of Consent: That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act0 R.S.O. 1990, without qualification; and, 0 (h) That the conditions of consent imposed by the Committee be fulfilled within one year from theme 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 ig. the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the o 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. 0 3 m CD D m cn — 0. WTownship of 0 O PrauA Heringge, Exciting Future 7 0 n. CD 0 h V 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... 'vfunship of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-054 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # May 1, 2019 Minor Variance Application 2019-A-17 by Nicole Vella & Roll #: Brandon Lynn R.M.S. File #: 4346-010-009-86500 682 Line 9 South D13-56375 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-054 be received and adopted. 2. That Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, specifically to permit a detached accessory building with a floor area of 111.4 square metres (1200.0 square feet) and a maximum height of 4.9 metres (16.07 feet), on the lands municipally known as 682 Line 9 South, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.4 & 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 buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4 And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Background: The subject property is located at 982 Line 9 South. A location map is attached as Schedule 1 and aerial image as Schedule 2 to this Report. The subject property has a lot frontage of 60.96 metres (200.0 feet) and has a lot area of 0.81 hectares (2.02 acres) and contains an existing single detached dwelling. Development Services May 1, 2019 Report No. DS2019-054 Pagel of 8 Page 56 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. The applicant is proposing to build a detached accessory building in the rear yard and the applicant's proposed site plan and elevation sketches are included as Schedules 3 and 4 to this report. The applicant is requesting the following relief from Sections 5.1.4 and 5.1.6 of the Zoning By-law 97-95: Section 5.1.4 — Maximum height for accessory building. Permitted: Proposed: 4.5 metres J14.76 feet 4.9 metres 0 6.07 feet Section 5.1.6 — Maximum floor area. Permitted: 70.0 sq. m. (753.5 sq. ft. LA:na�lyls- Provincial Policies Provincial Policy Statement 2014 Proposed: 111.4 sq. m. X1200.0 s . ft. J The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Sections: 1.1.4 — Rural Areas; 2.1 — Natural Heritage; 2.2 —Water; and 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Development Services Staff is of the opinion that this application is also consistent with the Natural Heritage, Water, Natural Hazards and resource-based development policies of the Provincial Policy Statement, subject to a Lake Simcoe Region Conservation Authority permit. Growth Pian for the Greater Golden Horseshoe 2017 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 is applicable to this application. Planning Staff is of the opinion that the proposed development of the lot for an accessory structure to the residential use is consistent with the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed Minor Variance application. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Development Services May 1, 2019 Report No. DS2019-054 Page 2 of 8 Page 57 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... Areas of Natural and Scientific Interest) or Key Hydrologic Features (e.g. permanent streams, intermittent streams, inland lakes and their littoral zones, seepage areas and springs, and wetlands). 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. Planning staff have reviewed the Ministry of Natural Resources and Forestry (MNRF) Natural Heritage System mapping applicable to the subject property and the surrounding area and confirm the mapping identifies a woodland area on the front and rear of the property with the dwelling and proposed garage between the identified woodlands. 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 and comprise a Key Natural Heritage Feature. In reviewing the Township's Official Plan, the woodlands to the rear of the property are deemed to be significant. However, the application does represent development within and adjacent to a Key Hydrologic Feature and is subject to the policies of Section 4.2.2 and 4.2.4. Specifically, Section 4.2.4.5 is applicable because it provides for development in developed shoreline areas that were designated and zoned as of July 1, 2017 for development, which would apply as the subject lands were/are designated and zoned for shoreline residential development. Based on the above, it is Planning Staff's opinion that this application is not affected by the Natural Heritage System policies of the Growth Plan and that the proposed development of the lot for the accessory structure conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) Subject lands are located outside of the Lake Simcoe Region Conservation Authority regulation area. Does the variance conform to the general intent of the Official Plan? The subject lands are designated Shoreline by the Township's Official Plan and are designated Rural by the County of Simcoe Official Plan. Pursuant to the policies of both of these Plans, permitted development within the Township's shoreline areas include single detached dwellings and, by extension, accessory buildings to those dwellings, such as the detached garage. Development Services May 1, 2019 Report No. DS2019-054 Page 3 of 8 Page 58 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... Based on the above, it is Planning Staff's opinion that the requested variances conform to the Official Plan. Does the variance conform to the general intent of the Zoning By-law and is the variance appropriate for the desirable development of the lot? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. The proposed development of a detached accessory building is permitted pursuant to Section 5.1 of the By-law. However, the proposed development of the lands requires relief from the Zoning By-law to permit the construction of a detached accessory building with an increase in the permitted maximum floor area and height. The Zoning By-law restricts the size and requires minimum setbacks for accessory buildings to ensure that such structures remain secondary and subordinate to the main residential use of the property, as well as to prevent over -development that would detract from the rural character of the area. The proposed use of the building as a garage for personal storage, the accessory building and its design will remain subordinate in its use to the main residential use on the lot. Upon site visit, Staff has identified that the proposed detached accessory building and the additional floor area and height would have little to no visual impact on the neighbouring properties, as the single detached dwelling and the location of the proposed detached garage will have minimal visibility from Line 9 South. Additionally, there is a mature vegetative buffer located along all property lines, which assist with providing privacy elements for the neighbouring properties. Based on the applicant's elevation drawings and floor plans, the proposed accessory building will utilize a high door height to allow for adequate height for a recreational vehicle (RV) to access the garage. The additional height will not be utilized for additional storage space, or living space. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law, and would be considered appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance is related to the construction of an accessory building that is considered to conform to the general intent of the Township's and County's Official Plans, to meet the general intent of the Zoning By-law, to be desirable for the appropriate development of the lot, is are not anticipated to have an adverse effect on the character of the surrounding area or the use and enjoyment of surrounding properties, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Development Services Report No. DS2019-054 May 1, 2019 Page 4 of 8 Page 59 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... Pol icies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 • 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 the application was circulated to internal departments, applicable agencies, and to assessed landowners within 60 metres (200 feet) of the subject lands. A notice sign was also posted on the lands. As of the preparation of this report, the following comments have been received: • Development Engineering: No objection. An Engineered Lot Grading Plan may be required at the time of a Building Permit Application. • Building Department: No comments. • Operations Division: No comments or concerns. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-17 be approved Development Services Report No. DS2019-054 May 1, 2019 Page 5 of 8 Page 60 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... subject to the identified conditions, specifically, to permit the construction of a detached accessory building with an increased maximum floor area of 111.4 sq. m. (1200.0 sq. ft.) and a maximum height of 4.9 metres (16.07 feet) on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: f. f Todd W .atherell, RPP, CPT Intermediate Planner SMT Approval 1 Comments: Schedule 1: Location Map Reviewed by: 4-k 11 Derek Witlib, RPP Manager, Planning Services Development Services Report No. DS2019-054 May 1, 2019 Page 6 of 8 Page 61 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... Schedule 2: Air Photo Schedule 3: Applicant's Site Plan a d! 7F �, b `4'SCOLC C 44p.40' 1 'k Wier} f� wu. •.. �f S'17 i en M 77 i W • � � :i 97'OD'tr5" + #+t'EEa4d (PI J, 4044, � PU } LS EM. 31 Development Services Report No. DS2019-054 May 1, 2019 Page 7 of 8 Page 62 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... Schedule 4: Applicant's Elevation Sketch 92 — - - ' A _ _ e�OR[rrcoo_F TQPQEeLM— D D D DDD �..�.�� naac°SONG rc(rvm Z n© l�I LJ ` 1p�� o1JIL�I1� - � I" .��.-'------------------------------- 1 hRFa,.rxi■1F1° ft A � 4r 1.1m F OUA",Ww"UM -Cwt+£ C.x-,Beri+i 11 Development Services May 1 2019 Report No. DS2019-054 Page 8 of 8 Page 63 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, April 15, 2019 2:42 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, May 1, 2019 (2019-A- 17) Vella & Lynn Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 64 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, April 15, 2019 2:04 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 17) Vella & Lynn Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan may be required as part of the Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 65 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Monday, April 15, 2019 2:36 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 17) Vella & Lynn Teresa Operations does not support the application as it calls for a second driveway entrance and the by-law only allow for one per property. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 66 of 230 6.a) 5:40 p.m. Report No. DS2019-54, Todd Weatherell, Intermediate Plann... From: rocchidevuono@yahoo.com <rocchidevuono@yahoo.com> Sent: Thursday, April 25, 2019 11:16 AM To: Planning <Planning@oro-medonte.ca> Cc: Jen Wurtz <jenwurtz@hotmail.com> Subject: 682 Line 9 south variance apllication Andy Karaiskakis, This email is being written because my spouse (Jennifer Wurtz) and I (Rocchi Devuono) are requesting written notice of the decision of the Township of Oro-Medonte regarding the Variance Appliication of 682 Line 9 South. We are the owners of the 672 Line 9 South and will be directly affected by variance of the garage. We are planning to attend the Hearing Wednesday May 1, 2019 at 5:40 pm. We are not in favour of the variance being granted for the detached garage to exceed the by-law limits of 70.0 square meters and the height of of 4.5 meters. Thank you Rocchi Devuono Page 67 of 230 Minor Variance 2019-A-1 7 (Vella & Lynn) Address: 682 Line 9 South Zoning: Shoreline Residential (SR) Official Plan: Shoreline Existing Existing dwelling C� M c s Subject Lands 00 W Township of O PrauA Heringge, Excising Future Cn 0 O Z 0 0 N O QD 0 OL OL CD CD CD (D 3 m Q r -h �T V Minor Variance 2019-A-1 7 (Vella & Lynn) The applicant is requesting the following relief from Sections 5.1.4 and 5.1.6 of the Zoning By-law 97-95: Section 5.1.4 — Maximum height for accessory building. Permitted: Proposed: 4.5 metres (14.76 feet) 4.9 metres (16.07 feet) Section 5.1.6 — Maximum floor area. Permitted: Proposed: 70.0 sq. m. (753.5 sq. ft.) 111.4 sq. m. (1200.0 sq. ft.) N Township of W O Paned Heritage, E—iring Fnrnnrc 01 0 0 z 0 0 N O QD 0 OL CD 0 0 0 3 M Q r -h �T V V Minor Variance 2019-A-1 • �= Cn • �- • QD OL CD • 1 1 - maps.simcoe..c 1 1 CD • Air Photo 1 rIj �� r� ' • 1 • E O1 V Minor Variance 2019-A-1 7 (Vella & Lynn) (7) 01 {y t b S 4r r4, r INS h a. * T;:Jb 5 P i - x GnEriC` 400 qP1 11 kleaif ILA! 0 z - v r--1- - o 4 p •� N L-11 .{.LO r � 111 J� W tl/ LIno= Q v elk SO 1 OL .4 WOVOS E 44CAT Sal .k W'13LeY 'fCD i, Site Plan m N Township of s C) 3 M,wd Hrrilage, F—iring Fnrnr, (D Q E rt CT V Minor Variance 2019-A-1 7 (Vella & Lynn) _ Cn CD — —PFAA 4F R90F — — — _A_ V _ — INQI*0W-9FR04F--, — _ D ` Qf PLATIE O 01300 OMDDSRi D FASCIA d HOW SIDING j Z o Doom 00130N 0000 Cl❑ O■ 0© CO 1 a s a s lul 0 VE TO O SLAB N4. GRADE TMS FACE MUST BE A IAIMMUM OF SIM FROM A PROPERTY LINE � ENGNEEREA SUB (TYPI Q Q CD Elevation Plan rt (D CD N O _ CDN C) O Township of PrauA Heringge, Excilin8 Future (D Q E rt CD V Minor Variance 2019-A-1 7 (Vella & Lynn) 0 z 0 0 N O QD (*D Aim* fD•-� w View of proposed building site View of property line to the north and proposed o north wall location. N CD W Township of S O PrauA Heringge, Exciting Future (D 0— Minor Variance 2019-A-1 7 (Vella & Lynn) View of existing driveway looking towards Existing parking area towards building site. Line 9 S. NqW4� - W Township of O PrauA Heringge, Exciting Future CL CD 0) m (D 3 m Q r -h �T V Minor Variance 2019-A-1 7 (Vella & Lynn) V mmJ lV View of dwelling. View from dwelling towards Line 9 South. O .i Ni W Township of O Paned Herihrge, Exciting Fwaire (D 0— CD CD V Minor Variance 2019-A-1 7 (Vella & Lynn) Recommendation: Approval C, 0 1. That Report No. DS2019-054 be received and adopted. 2. That Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, specifically to permit a detached accessory building with a floor area of 111.4 square metres (1200.0 square feet) and a maximum height of 4.9 metres (16.07 feet), on the lands municipally known as 682 Line 9 South, o Township of Oro-Medonte, be approved. z 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.4 & 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 o By-law; b) That the proposed buildings/structures and landscaping on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches o submitted and approved by the Committee; Q C) That the appropriate Zoning Certificate, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. CD And that the applicant be advised of the Committee's decision under the Secretary Treasurer's CD o signature 4 �~ N CD W Township of 0 PrauA Heringge, Exciting Future (D Q E tCr-4- CD V Regarding Minor Variance Application 2019-A-17 Subject Lands: 682 Line 9 South Owners: Nicole Vella and Brandon Lynn Cn O 0 z O 0 N O QD O Q Q N (D (D (D (D Q (D The applicant is requesting permission to construct an accessory structure (detached garage) and is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 —Maximum height for accessory building. Permitted: 4.5 metres (14.76 feet) Proposed: 4.9 metres (16.07 feet) Section 5.1.6 — Maximum floor area. Permitted: 70.0 sq. m. (753.5 sq. ft.) CD Proposed: 111.4 sq. m. (1200.0 sq. ft.) CO 0 h N W 0 c�� N Location Ma s Geo .�u 1% s �. tea,• �o� 4•. ���.�04 •��~sem+ �a�es�`�\�,a,��� Subject Lands FIE 0 N O (D Un O Q Q N zT CD (D CD 3 CD Q CD Site Plan Showing P LCT , 161ST. Ma. 0713 MTO M .d 111 IIS rr it r x WIS1 w 519:0 w IyR{r O OM) % d v 1 .; y i r'r iiJ S,`� h_�. f{.erJ. i. roposed Building a 03 VO i(L �419 N11:1 t. N1 1 anon anon Elevation Drawing �� no00 0000 v 0 10 0 0 r �+� r TOP OF KAM OM min L-_--- w --- x .......... aanranxa�dt ----- TOMENONAMMU OFlkMFMA FOM UE Ogl�luBlN% 411' LMt i �ts+r 2 1 O� - - -- QUM— a 03 VO i(L 1 anon anon �� no00 0000 v 0 10 0 0 mum 0000 r TOP OF KAM OM min L-_--- w --- x .......... aanranxa�dt ----- TOMENONAMMU OFlkMFMA FOM UE Ogl�luBlN% 411' LMt i �ts+r 2 1 ED CD 00 0 h N W O I am not in favor of a variance allowance being granted for the construction of an oversized garage for the following 4 reasons: 1) Size of the Proposed Detached Garage The garage would be approximately 447 square feet larger than the 753.5 square feet allowed by the Zoning By-law 97-95. That is approximately 59% larger than is standard for a residential property in Oro-Medonte. 2) Potential for the Garage to be used as a Commercial Site The size of the proposed structure with 10 feet by 12 feet overhead doors could possibly be used for commercial purposes such as an Automotive Repair Shop. Associated with commercial use is the storage of equipment, parts or other items related with a commercial garage, on the outside of the structure, especially on the north and west side (back) of the garage. There is also the danger for environmental contamination from stored oils, gases, chemicals etc. that may leak out, spill or combust. Commercial sites also represent the issue of noise pollution. O Cn O _, M O 0 N O CD cn 0 OL OL M ZT M M CD 3 CD Q CD 3) Property Value and Anesthetics Currently my property has a very small cabin on it. The cabin has no services hooked up such as hydro, gas, or water. I will be retiring in several years and have discussed with my family the various options for the property. There is a good possibility that we may build a permanent structure. The proposed large garage if used as a commercial site will have the potential to affect the property value of Lot 672 and also severely alter the land uses and views. of the property from my side. Research shows that even if the property itself is superior, the things that border on a piece of land can have a malior effect on its value in negative ways. We know that a property next door to a landfill, a busy freeway, or an industrial park or business will be less desirable for residency and therefore have a lower price. In addition, the condition of the land will have an effect on its value. Land that has superior or unusual aesthetic appeal will have higher value than land with water drainage issues, a contaminated water table and soil. Source: hftps://www.sapling.com/7327510/factors-affecting-land-value v cD OD N O h N W O 0 CD 0 z 0 Cn N O CO cn 0 CD m m CD 3 CD Q CD m W W 0 N W O 4) Existing Water Drainage Problems between the Two Properties As previously stated, my family has owned the property from the late 1940's. Each spring a small river/stream would develop with runoff water and make its path across Lot 672 and Lot 682 and then continue further in the direction of Lake Simcoe. This small stream was active from April until mid-June. Several years ago, Mr. Lynn's mother purchased Lot 682 and did some landscaping and alterations to the driveway. This included raising it up and shifting a culvert. The existing culvert does not seem to be allowing enough drainage of the runoff water from my property. The water no longer travels across their property but instead pools on the front part of my property and long the property line. This has resulted in large areas of my property being saturated. The areas where the stream once flowed is flooded. The extremely wet land has prevented us from properly clearing out dead trees and bushes. My family has paid in excess of $25 000 to have dead trees removed and the area cleared. This was a very challenging endeavor. The contractor we hired had to work during the winter months when the ground was frozen. When the ground thawed, he could not complete sections he needed to access because it never dried out enough. Heavy machines where not used for fear of damaging his equipment or the safety of his workers. The flooded and saturated sections has made the land unusable for us. We have also noticed an increase in the insect population where the water sits and turns stagnant. When walking along the driveway towards the proposed building site you see many areas of ponding water. I am concerned that there will be more water drainage problems when the new garage is built. The water will be displaced by the structure. The water will most likely move towards the property line. rn v v, 0 Z cD 0 R z 0 O N O v, 0 m CD cD m 3 cu OL cu nJ v If the variance is granted, I would like to request that the following suggestions be given consideration: 1) An engineered drainage plan be completed before construction of the garage begins to prevent the possibility of water table contamination and future environmental property damage. 2) The landowners landscape the area of their property that faces my property (the land on the side of the garage facing Lot 672) with hedges or privacy fencing. 3) The current culvert on Lot 682 be corrected to allow for the stream to drain correctly. m O z O N O (D U1 O Q Q N CD (D CD 3 CD Q CD C1 Tjjl ',A *W K I I "$,I, F.ReEMMAAM • raT--,Pl rt ''Looking.towards,the: driveway of stabject lands i' Lot 682 Line 9 from the rr driveway of Lot 672 Line 9, Owner: Jennifer Wurtz _ t• � _.. Far 5 ' A y' Looking'towarcls the dri�iiaj� of subject lan*cru �,' Lot 682 Line ;9 from` the drii eway of ,Lot 672 %ne '9:�" `, Large areas of wate� pool° and satura#e the ground du`e to a culvert on Lot 682 that is not allowing for Proper water,flow and drainage 4T `) 14 i 1 I Ftr +. .' .W'� �'�I ' r n. r �x� ��.��+-7a'*"a4,�, v �, -a,' ( �:�,� .� rw-'+.,y �-/�'"�g r � •' F~1 � T'.l �' • I+MA .:J"la�:'..tiY 7w,� � C`:Y.� f .'�E 1VvC "Y� .v..-? '^- ;.may- n ' -=.i° � ., i'. .r • � +q, t. i • Further alohg;to driuerh►ay, there are more areas 4`f water; saturkirtg the,property :due to a culvert:on Lot 682 that is npt allowing for proper water flow Residence and drainage, 16 t ICA : h �+t '� _AI � I � - +�1'°y�-.-.`a�«I Y � ��i. •�-'-„�� T �'F u+�Yj .. A �,, � �S� � t,t ^. a *"�—* �{ � � ��rja LAY �ft'�.Ry 4 I � 'S�, y �„_ i+ �71�en�.- � _ •%' I ' '� � �' - art ' The culvert,on Lot 682 was installed when the ' driveway was. redone by the previous owner Patty Newell (Brandon Lynn's mother). s R. n .*. ?:� +�ci _r!.i.. �.,.�Pt`'".i >et -.[•r , 4r.aaa,.`. �.ohr- Facing Lot 682 + 1 l� byer-flows towards driveway of Lot 682. i J 6 441, �r t The culvert,on Lot 682 was installed when the ' driveway was. redone by the previous owner Patty Newell (Brandon Lynn's mother). s R. n .*. ?:� +�ci _r!.i.. �.,.�Pt`'".i >et -.[•r , 4r.aaa,.`. �.ohr- 0ITIVA6V0ITIQ a 1K01 a: Il ec1pa -iqg r�10 s towars,,',graiveway,16-46t1�82 I r I P0,; u kylVert ;4 r W x ti q F f ' The *ire ' y wa �da dYe c vert ;as T 7: P insta 0Cl at,,a higi�e eva on th slows b douvn/ �ev�ent�nk,,W- r flow in' h Spring s r. v, y l - Z. ows over Lot 672 to Lot 682 Cont'd hill � gvw p©olinnd f�, a Its in higi` i �. There appears to be no w ter flow o othe c© entratid f itMcts-s'uc ass osquitos. , S side of the culvert. W er s e w going.- Okr 'o. fir.., r - - -- s �✓' - f IL ,F + y More water drainage issues as there is fjpo:cing in this area as well. l r An MINES w 1 4 11 A { .Stakes showing Lai jaipposed site, .i� .. E Water drama a issues _ � � ,j . ,Iocation which !r +� is flooded. t M -1 I' �a i,"•'' "� Ri IFT a. w t Close'to the propertV line 1..,7u.,: -71 A y This area which does not. drain. correctly will ` be directly behind the new -structure. 1 a A x 4 r: � � '�' 4. � -•ice � 't4a'•, �51,+'f " ._ � � 1�1 L J • • 4 A Back of Cabin on Lot 672 qcq Side of Cabin on Lot 672 Gapped Cistern t Location', ,,lip p� ~" If the ne Mutt-ursis; used for a possible. G ut � i"c sig°there is the ,g ;.Capped Cistern Y� '° - t pot .... 7 cont is stored�' 1 near t 'de of the 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... 'township o)f Report Proud Heritage, Exciting Future Report No. DS2019-055 Meeting Date: May 1, 2019 Roll #: 4346-010-002-16476 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2019-A-18 by Joe Francelj 22 Oakmont Avenue Prepared By: Andy Karaiskakis, Senior Planner Motion # R.M.S. File #: D13-56376 Requires Action For Information Only 1. That Report No. DS2019-055 be received and adopted. 2. That Minor Variance Application 2019-A-18 by Joe Francelj, specifically for permission to permit a deck to be attached at the rear of the single detached dwelling with a rear yard setback of 4.5 metres (14.7 feet), on lands municipally known as 22 Oakmont Avenue, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 7.233 of Zoning By-law 97-95, as amended, the proposed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed deck 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 (including variance dimension(s) verification by a qualified professional) 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 is located on the west side of Oakmont Avenue within the Horseshoe Valley Development Node. The lands have a lot area of approximately 0.07 hectares (0.17 acres) and support an existing single detached dwelling (refer to Schedules 1 and 2). This application is to recognize the construction of a 29.7 square metre (320 square feet) deck, which was built without a Zoning Certificate and Building Permit, and is attached to the rear of the existing dwelling. Development Services Report No. DS2019-055 May 1, 2019 Page 1 of 4 Page 96 of 230 6.b) 5:50 p.m. Report No. DS2019-55, And Karaiskakis, Senior Planner re... The owner has requested the following relief from Section 7.233 of the Zoning By-law: Section 7.233 — Minimum Rear Yard to deck not on a golf course: Required: Proposed. 5.5 metres (18.0 feet) 4.5 metres (14.7 feet) + The applicant's site plan is included as Schedule 3 to this report. 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. 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. Planning Staff is of the opinion that the proposed deck attached to the existing dwelling is consistent with the PPS and conforms to the Growth Plan. County of Simcoe Official Plan The property is designated Settlements in Simcoe County's Official Plan. Settlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. However, since the County's comments have not been received as of the preparation of this report, it is recommended that the Committee have regard for any comments that may be received prior to the Committee's decision. Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are within the Rural Settlement Area of Horseshoe Valley and are designated Low Density Residential according to Schedule D — Horseshoe Valley Land Use, which forms part of the Township of Oro-Medonte Official Plan (refer to Schedule 4). Permitted uses within the Low Density Residential designation include single detached dwellings. Based on the above, the requested variance for a deck addition conforms to the general intent and purpose of the Official Plan. Development Services May 1, 2019 Report No. DS2019-055 Page 2 of 4 Page 97 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis Senior Planner re... Does the variance conform tot e general intent and purpose of the Zoning iAy-law? The subject property is zoned Residential One Exception 233 (R1 *233) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 4), According to the Township's Zoning By-law, single detached dwellings are permitted in the R1 Zone. Exception 233 requires a minimum setback of 5.5 metres (18.0 feet) from the rear lot line on those lots that do not back onto a golf course. Planning Staff has inspected the lands and notes that the proposed 4.5 metres (14.7 feet) setback from the rear lot line will still allow for a functional and adequate amenity space and will not have an adverse effect on the character of the surrounding area. Based on the above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? On conducting a site visit of the subject property, Planning Staff has identified that the proposed variance is appropriate and desirable as the deck addition will have no visual impacts from Oakmont Avenue and will have minimal impacts to adjacent neighbours. the variance minor? Staff are of the opinion that the requested Minor Variance for a reduced setback from the rear lot line from 5.5 metres (18.0 feet) to 4.5 metres (14.7 feet) to the deck addition is minor in nature for this property as the reduced setback is not anticipated to have an adverse effect on the neighbouring properties. 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: Development Services May 1, 2019 Report No. DS2019-055 Page 3 of 4 Page 98 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... 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: Notice of this application was circulated to the public and to various review agencies and Township departments. At the time of Staff's site visit and the preparation of this report, the public notice sign was not posted on the subject lands. As of the preparation of this report, the following comments have been received: Building Division: no comments. Development Engineering: no objection. Operations Division: no concerns. [Aftachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Site Plan Schedule 4: Official Plan - Land Use Schedule 5: Existing Zoning Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-18 be approved subject to the identified conditions, specifically, to permit a deck addition with a setback from the rear lot line of 4.5 metres (14.7 feet), on the basis that the application meets the four tests of the Planning Act. Respectfully submitted: Andy is, RPP Senior Planner SMT Approval I Comments: 1 Development Services Report No. DS2019-055 Reviewed by: /DLe-rekWitlib, RPP Manager, Planning Services May 1, 2019 Page 4 of 4 Page 99 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... 14 20 >12 22 14 -q 23 2 20 1 V 32 14 18 21 4 23 2$ S is 38 22 10 17 40 24 �2 261 1 28 33 18 13 32 37 20 3a 41 43 42 44 45 5D -52 Joam 44 48 44 64 M 72 7 M 351 43 J Schedule 1 Location --~' lotunsleip of ® Subject Lands Proud Heritage, Exciting Future 0 100 m File Number: 2019-A-18 N I I I I J Page 100 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... Schedule 2 Aerial Photo QSubject Lands File Number: 2019-A-18 -� To{iip of Proud Heritage, Exciting Future 0 10 M Page 101 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andv Karaiskakis, Senior Planner re... -oma w %^ wLV _._. 00 ale". 16' V4�9'jj i 56 M C, "7 Hyl—n3 EL. 'A' LOT '!J6 3�} [+r P22 14 5.f.) z THE BROUGiiAP! �v r MUNI+. # 22a r = r ME 392,11 r. w GI Ch ivr< 391.$1 F,.,,,.Co vs 389.26 F•� r"�"" o 390.52,t,e 390.80 ct i.1.J xVOF u? 391.$!3 — 1L� P,s r.= 3{ 91 °' 2 �1F a X•i c, � ni IL I {01 Co 7' crCo' :} 4 s OAKMONT AVE. Schedule 3 Applicant's Site Plan .�- 7ix+nj File Number 2019-A-18 Prow! Heritayc, Txchfisj� Future Page 102 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... Schedule 4 Township Official Plan - Land Use C "Subject Lands '10,Wliship qf Horseshoe Valley Secondary Plan Boundary Medium Density Residential[ Low DensityResidential Proud Flerirage, Exciting Future ''� -,. Recreational 'A o too m File Number: 2019-A-16 N I 1 I I I Page 103 of 230 .F--a.-F H PUA30 RI*140(H) 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re IRII 233(H) R1*14 D(H) RI*233 R2*255i Schedule 5 Existing Zoning Townsidp qf AMM Subject Lands _J R1 (Residential One) Proud Heritage, Exciting Future R2 (Residential Two) EP (Environmental Protection) 0 50 M File Number: 2019-A-18 N I I I I Page 104 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, April 15, 2019 3:11 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, May 1, 2019 (2019-A- 18) Francelj Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 105 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, April 15, 2019 12:31 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 18) Francelj Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 106 of 230 6.b) 5:50 p.m. Report No. DS2019-55, Andy Karaiskakis, Senior Planner re... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Monday, April 15, 2019 2:38 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 18) Francelj Teresa Operations has no concerns, nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 107 of 230 Minor Variance 2019-A-1 8 (France1j) Address: 22 Oakmont Avenue Zoning: Residential One Exception Cn 0 0 0 0 LJJ (R I GJJ) n�i q� O Official Plan: �y Co Low Density Residential Existing Development: - `CD Single detached dwelling M (D Subject Lands O 00 O U)Hl L W Township of Z3 O PrauA Heringge, Excising Future 0. IM CD CD Minor Variance 2019-A-1 8 (France1j) Purpose: The application is to recognize the construction of a 29.7 square metre (320 square feet) deck, which was built without a Zoning Certificate and Building Permit, and is attached to the rear of the existing dwelling. The owner o has requested the following relief from Section 7.233 of the Zoning By-law: z O 0 Section 7.233 — Minimum Rear Yard to deck not on a golf course: Cn N Required: Proposed - 5.5 5.5 metres (18.0 feet) 4.5 metres (14.7 feet) �r D v � v m � CD o 2L Tou�xship o�4� W � OM,wd Hrriicr�e, F—iring Fnrnrr, 0. V ., m O_ N W O Minor Variance 2019-A-1 8 (Francelj) Cn 6 CDCD 0 z O N O QD D OL v v (' v En �TYow^nship�of � PrauA Heritgge, Exciting Future 0. kk CD CD Aerial Photo v m O_ N W O Minor Variance 2019-A Francelj) Cn 6 CD CD 0 z 0 U) N O QD D OL v v (n' L� Township of CD lam`[ Z3 PrauA Heringge, Exciting Future 0. kk CD CD Minor Variance 2019-A-1 8 (France1j) O N W O Views of existing dwelling and along Oakmont A townsnip of ��^ �#� PrauA Heritgge, Exciting Future 0. Lok CD CD Minor Variance 2019-A-1 8 (Francelj) Cn 6 CDCD 0 z O z., a+i y■f illi 1� � a � ... = D °fel _i" OL _. _. .. p.. -.in i Vlkw of existing v _ 4 L cn rear deck cn NTownship ofCD PrauA Heringge, Exciting Future 0 Kk CD CD Minor Variance 2019-A-1 8 (FrancelD Views of existin townsnip of ��^ �#� PrauA Heritgge, Exciting Future 0. kk CD CD Minor Variance 2019-A-1 8 (Francelj) Views of existin tou�nsmp o� Proud Herirrrge, Esciring Frrrnre Minor Variance 2019-A-1 8 (France1j) Recommendation: Approval 1) That Report No. DS2019-055 be received and adopted. 2) That Minor Variance Application 2019-A-18 by Joe Francelj, permission to permit a deck to be attached at the rear of the dwelling with a rear yard setback of 4.5 metres (14.7 feet), c known as 22 Oakmont Avenue, Township of Oro-Medonte, k Cn 6 O specifically for single detached n lands municipally o e approved. z O 3) That the following conditions be imposed on the Committee's decision: • That notwithstanding Section 7.233 of Zoning By-law 97-95, as amended, the proposed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; • That the proposed deck 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; • That the appropriate Zoning Certificate (including variance dimension(s) verification by a qualified professional) 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 08ecretary Treasurer's signature. N W O Cn N O D U) � Township of CD lam`[ D PrauA Heringge, Exciting Future 0. Kk CD CD 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... Report Report No. DS2019-053 Meeting Date: May 1, 2019 Roll #: 4346-010-010-44100 To: Development Services Committee Subject: Consent Applications 2019-B-09 (Erwin) 1893 Ridge Road East Proud Heritage, Exciting Future Prepared By: Todd Weatherell Intermediate Planner Motion # R.M.S. Files #: D10-056384 Recommendation{s): Requires Action For Information Qnly� It is recommended: 1. That Report No. DS2019-053 be received and adopted 2. That the Development Services Committee grant provisional consent to Application 2019-B-09 to permit a boundary adjustment consisting of a severed parcel of land having an area of approximately 2.83 ha (7.0 ac.) a lot frontage of 281.0 m. (921.9 ft.) and a lot depth of 121.0 m. (399.2 ft.) that is to be merged with an abutting parcel to the west; and a retained parcel consisting of a lot area of approximately 30.75 hectares (76.0 acres) and a frontage of approximately, 471.0 metres (1545.0 feet) subject to the following conditions: a. That the severed lands with an area of approximately 2.83 ha (7.0 ac.) and approximately 281.0 m. (921.9 ft.) and a lot depth of 121.0 m. (399.2 ft.) be merged in title with the abutting benefitting property to the west, described as Con. 12, Part Lot 21, RP, 51 R40671 Part 1, 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 benefitting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary -Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) if the benefitting parcel was created pursuant to Sections 50 or 53 of the Planning Act, to alter the benefitting parcel so that it is not the identical parcel of land. 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. c. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. Development Services Report No. DS2019-053 May 1, 2019 Page 1 of 8 Page 117 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... 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 west. 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. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Background: The subject property is located at 1893 Ridge Road East and is approximately 33.88 hectares (83.71 acres), a Location Map is included as Schedule 1 to this report. The retained lands currently support a single family dwelling and two accessory structures. The benefitting lands support a single detached dwelling and will be gaining one of the accessory structures if the application is approved. Surrounding land uses are predominately larger tracts of land that are used for agricultural purposes. The benefitting lands were created by consent on April 4th, 2016. One of the conditions imposed was the applicant apply for and obtain a minor variance for the reduced lot size for an agricultural use (2.3 acres), to recognize the minimum lot size for agricultural uses. Consent Application 2019-B-07 is for the purpose of a boundary adjustment to merge lands as follows: Land to be Severed: The lands to be severed contain an existing driveway and accessory building and the lands consist of: Frontage: I Depth: Approx. 281.0 m (921.9 ft.) I Approx. 121.0 m (399.2 ft Lot Area: rox. 2.83 ha (7.0 ac Lands to be Retained: The lands to be retained contain a small accessory building and the lands consist of: Frontage: Depth: Lot Area: Approx. 471.0 m 1545.0 ft. Approx. 445.7 m(1462.5 ft. Approx. 30.75 ha 76.0 ac The applicant's consent sketch is included as Schedule 3 to this report. Development Services Report No. DS2019-053 May 1, 2019 Page 2 of 8 Page 118 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... 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 conforms to applicable the Provincial Policy Statement 2014. 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 lands are not used for agricultural purposes and the agricultural uses that are located in the immediate vicinity will not be affected. 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 non- agricultural uses, are identified as a candidate area rather than a prime agricultural area and are designated Greenlands in the In the County of Simcoe's Official Plan. Based on the Province of Ontario's natural heritage system mapping, the proposed severed and retained lands are located within the Natural Heritage System and contain woodlands. 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: Development Services Report No. DS2019-053 May 1, 2019 Page 3 of 8 Page 119 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... 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 constructed and no site alteration as a result of these applications, the proposed 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. Countv of Simcoe Official Plan The lands to be severed and merged are designated "Greenlands" in the County of Simcoe Official Plan. Section 3.3.5 of the County's Official Plan contains policies relating to 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 these applications is to reconfigure lot lines, would not create 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 applications conform to the County of Simcoe Official Plan. Township of Oro-Medonte Official Plan The lands to be severed and merged are designated `Rural' in accordance with "Schedule A — Land Use" of the Township's Official Plan. The policies of the `Rural' designation do not 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 or retained lands are not currently under cultivation or suitable for cultivation and therefore the proposed boundary adjustments would not take any agricultural land out of production. Planning Staff is of the opinion that this application, Development Services Report No. DS2019-053 May 1, 2019 Page 4 of 8 Page 120 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... if approved, will not be negatively affecting the functionality or viability of the retained parcels. On the basis of the preceding, it is Planning Staff's opinion that the applications conform to the Township's Official Plan. Township's Zoning By-law 97-95 as amended The existing residential lots associated with this application are zoned Agricultural/Rural (A/RU) in the Township Zoning By-law 97-95. The severed lands already contain a driveway and shop, and if approved the shop and driveway would be added to the property which already contains a single family dwelling. The retained lands would then contain a small accessory building only. The lot configurations that would result from this application, if approved, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 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. 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 Corporate Strategic Goals: 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. Development Services Report No. DS2019-053 May 1, 2019 Page 5 of 8 Page 121 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... • 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 these applications were 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. • Building Staff — Applicant to provide confirmation that the existing septic system remains entirely on lot in compliance with Ontario Building Code required clearances. • Manager, Development Engineering — No objections Attachments: Schedule 1: Location Map Schedule 2: Applicant's Consent Sketches Schedule 3: Aerial Photo Conclusion: In the opinion of the Planning Department, Consent application 2019-B-09 complies with the provisions of the Township's Zoning By-law, and conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement 2014, and meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Todd Watherell, RPP, CPT Intermediate Planner SMT Approval / Comments: Development Services Report No. DS2019-053 Reviewed by: Derek Witlib, RPP Manager, Planning Services May 1, 2019 Page 6 of 8 Page 122 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... Schedule 1 — Location Map Subject Lands Schedule 2 - Applicant's Consent Sketches T fl -m; -e $7 awl 1d45 ,µyw yjv w irr �t =� 4 '� SwrJuhRY Gwfc 21ts' r f t i t f Development Services Report No. DS2019-053 May 1, 2019 Page 7 of 8 Page 123 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... Schedule 3 — Aerial Photo Development Services May 1, 2019 Report No. DS2019-053 Page 8 of 8 Page 124 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, April 15, 2019 2:41 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, May 1, 2019 (2019-6- 09) Erwin Building Division comments are as follows; Applicant to provide confirmation that existing septic system remains entirely on lot in compliance with Ontario Building Code required clearances. Thank you Garry McCartney Chief Building Official Township of Oro-Medonte Page 125 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, April 15, 2019 12:08 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@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> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-B- 09)Erwin Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 126 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca April 25, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Consent Application 1893 Ridge Road East Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-13-09 IMS File No.:CO-161183-040819 Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted consent application. We understand that the purpose and effect of this application is to sever and merge the lands for the purpose of a lot line adjustment. 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. Current environmental mapping shows the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of lands adjacent to an unevaluated wetland. On this basis, any approval of this application should be subject to the following conditions: 1. The lands to be severed and added to the adjacent residential lot shall be rezoned Environmental Protection to recognize the key natural heritage features present on the lands and associated adjacent lands and ensure their protection in perpetuity. 2. The Environmental Protection area will be delineated by means of a living fence (i.e. cedar rail or natural plantings). Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 127 0IF236•800.465.0437 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Int(DaMedi �liminn... conservation authority Please advise our office of any decision made with regard to this matter. Sincerely, 1 75- Aloxil Shawn Filson Development Planner Page 128 of 230 Page 2 of 3 May 1, 2019 Development Services Committee 6.c) 6:00 p.m. Report No. DS20lRg5i3daTed)cJaV&atbeteUrdO&fitftd6V&Piaon... COUNTY OF SIMCOE IM April 25, 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 2019-B-09 County File: OM -B-19013 Location: 1893 Ridge Road East Owner/Applicant: Larry Erwin Mr. Karaiskakis, Thank you for circulating the County regarding the above -noted application. County Planning staff understand that the applicant is proposing a lot boundary adjustment to facilitate a severance of approximately 2.83 hectares to be added to the benefitting lands at 2021 Ridge Road East. Upon review of the application County Planning staff would like to offer the following comments. The subject lands are designated Greenlands, per Schedule 5.1 — Land Use Designations to the Simcoe County Official Plan (SCOP) and are also mapped as part of the provincial Natural Heritage System (NHS) identified in the Growth Plan (2017). Aerial photography of the subject lands and MPAC data indicate that the severed land is primarily wooded and contains an accessory structure (workshop). As a result of a phone call with the applicant, County staff understand that the purpose of the boundary adjustment is to enlarge the benefitting lands and that site alteration (including the construction of new structures and buildings) is not contemplated as a result of this boundary adjustment. The Greenlands designation is the natural heritage system of the County, and therefore in accordance with Section 3.3.15 of the SCOP, development and site alteration is not permitted in a significant woodland unless it has been demonstrated that there will be no negative impact. Any Planning Act application proposing new development or site alteration in the NHS (including the construction of new buildings and structures) should address policies 4.2.2, 4.2.3, and 4.2.4 in the Growth Plan. Summary Planning staff understand that the purpose of the boundary adjustment is to enlarge the benefitting lands and not to facilitate development or site alteration in the Greenlands designation, and on that basis, the County has no concerns with the proposed lot lines. Page 1 of 2 Page 129 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... _'M.� -+ COVN7y OF $IMCOF -,S A,r. 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 Please circulate the County with the Notice of Decision. 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(a)simcoe.ca cc: Dan Amadio, Manager of Planning — County of Simcoe PLANNING Page 2 of 2 Page 130 of 230 6.c) 6.00 p.m. Report No. 6c) Additional correspondence received From: Iwona.Lipowski@HydroOne.com <Iwona.Lipowski@HydroOne.com> Sent: Monday, April 29, 2019 8:42 AM To: Planning <Planning@oro-medonte.ca> Subject: Oro-Medonte, 1893 Ridge Road East, 2019-13-09 Hello, We are in receipt of your Application for Consent, 2019-B-09 dated April 15th, 2019. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select " Service Territory Overly" and locate address in question by entering the address or by zooming in and out of the map hydr - . x.aao �, tea-►aao c..+a«... cu r # 104..•. a..r. — s«.K. Tw t , ra....,. r 13xw.K. xrrwv awr 91 T or xs *-Vv" V" 0 4. xr.rr L6v~ G4+8 aw 040MM (~ p ww "& or ORM ar, a" nw+nr 00"44010 Q cww 4Mrw�o w 4,1 v An [n hlWw�s ■ .�dw�J rwy �! nrvra Page 131 of 230 6.c) 6:00 p.m. Report No. DS2019-53, Todd Weatherell, Intermediate Plann... If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HvdroOne.com to be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Mona Lipowski Real Estate Clerk - Real Estate Services Hydro One Networks Inc. 185 Clegg Road Markham, ON L6G 1137 Iwona.Lipowski@HvdroOne.com Page 132 of 230 Consent 2019-B-09 (Erwin) Address: 1893 Ridge Road East Zoning: Agricultural/Rural(A/RU) Official Plan: Rural Existing Development:1uo� r Existing dwelling rIj Township of Pratod Herirage, Excirieq Future 6 0 _, 0 0 z 0 0 N O CA) 0 QL CD (D CD CD CD Q CT V Consent 2019-B-09 (Erwin) Consent Applications 2019-B-09 is for the purpose of a boundary adjustment to merge lands as follows: Land to be Severed: The lands to be severed. Frontage: Depth: Lot Area: Approx. 281.0 m 921.9 ft. Approx. 121.0 m 399.2 ft. Approx. 2.83 ha 7.0 ac Lands to be Retained: The lands to be retained contain a small accessory building and the lands consist of: Fronta e: Depth: Lot Area: Approx. 471.0 m 1545.0 ft. Approx. 445.7 m 1462.5 ft. Approx. 30.75 ha 76.0 ac Total Area of Lands to be merged: Fronta e: Depth: Lot Area: Approx. 357.0 m 1171.0 ft. Irregular Approx. 3.19 ha 7.9 ac -0 v M W N Towns1ipof O n W Paed Heritage, E—iring Fnrnre CD 0 z 0 0 Cn N O CO W 0 CD zr CD CD CD 3 CD Q CD V v (D W cn O_ N W O Consent 2019-B-09 (Erwin) Air Photo Township tl�� PrauA Heringge, Excising Future 0 CD CD 0 z 0 0 N O C9 Cn W O Q Q CD CD CD CD CD Q CD V Consent 2019-B-09 (Erwin) m 0 CD z (1,vu Ra rrarT ,� UU (D ® _0 muu, 2sb' 8ts'y- 0 N O ��- 76 Aua CD 6 W O Q (U O (D (D —% CD a) Site Plans 0 D N W �, Township of S O PrasA Herirage, Exciring Future (D Q 0 r'r- CT V Consent 2019-B-09 (Erwin) CD w Dwelling on benefitting lands near yara or Deneflaing ianas — 4 O CD�4 N Township of W O Prated Herif,rge, Esciring Falare (p Q �T V Consent 2019-B-09 (Erwin) Gu Fen I r • j rr - r J � -.. �4•,�u. 1 ft'11 1 / III y ' vim`.• X f � t&I..�..�ilk i „�� .�-� ra��i fi.'] ,i ..r •�� �� +��_ _ .J , � .ala'"..• i ��& +a"� 11f_i'ShY"�i �tr. i] J,� �� •i •� r � titin �;t� r � 4_; ..� .. � fi �4 ?:+ar.• - -` fir: rt °.} ,_ •ak �.� J } �`- _ _ I � C w View looking east from benefitting lands. View looking at existing shed to be added to benefiting m OD lands. o CD �4 N Township of W O PrauA Herirrrge, Esriring Future (p Q f --F �T V , I �,�...E .� �� �t1,� "fid E�i���� � '���9 rS,�:ror • Ila I' r" ': ii 9 r • W"wi tom.; Fj _ y I 1,, r �• p$ Ftt � i Xt 'ter �� k�� � l 11 � �' � }� + r• I • 3 �+ �I y v � • • 1 1 • 1 ■ Consent 2019-B-09 (Erwin) cD View of existing dr veway that leads to Notice sign 0 shed. _ N W Township of O Pratod Heriiaee, Exciei,�q F,mwe cD CD (D 3 m Q �T V Consent 2019-B-09 (Erwin) m Recommendation: Approval C) 1. That Report No. DS2019-053 be received and adopted 2. That the Development Services Committee grant provisional consent to Application 2019-B-09 to permit a boundary adjustment consisting of a -U severed parcel of land having an area of approximately 2.83 ha (7.0 ac.) a lot frontage of 281.0 m. (921.9 ft.) and a lot depth of 121.0 m. (399a ft.) that is to be merged with an abutting parcel to the west; and a retained parcel consisting of a lot area of approximately 30.75 hectares (76.(R acres) and a frontage of approximately, 471.0 metres (1545.0 feet) subject to the following conditions: z a. That the severed lands with an area of approximately 2.83 ha (7.0 ac.) and approximately 281.0 m. (921.9 ft.) and a lot depth of 121.0 rrP (399.2 ft.) be merged in title with the abutting benefitting property to the west, described as Con. 12, Part Lot 21, RP, 51 R40671 Part 1, a®I that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involvingN 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 benefitting parcel shall merge in title and become one parcel of land. A Solicitor's written undertakings shall be provided to the Secretary -Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and W merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) if the benefitting parcel was created pursuant to Sections 50 or 53 of the Planning Act, to alter the benefitting parcel so that it is not the identical parcel of land. o b. That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committ(& Secretary -Treasurer. 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. I- M M CD NCD Township of C) 3 M,wd Hrriiage, F—iring Fnrnr, M Q CD V v M N O_ N W O Consent 2019-B-09 (Erwin) 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 west. Daylight Triangle f. That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumberances, a daylighting triangle at the corner of Ridge Road East and Line 12 South dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle as one Property Identifier Number to the satisfaction of the Township. g. 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. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Township of M,wd Hrriiage, F—iring Fnrnr, 0 CD O Z O O N O QD CA) 0 0L 0L CD CD CD CD CD 0— CD CD V 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... 'I-ownship of Report Report No. DS2019-051 Meeting Date: May 1, 2019 Roll #: 4346-010-007-21400 [Recommendation(s): It is recommended: Proud Heritage, Exciting Future To: Development Services Committee Subject: Minor Variance Application 2019-A-19 Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh 1753 Ridae Road West Requires Action z Prepared By: Catherine McLean Planner Motion # R.M.S. File #: D13 56397 For Information Only 1. That Report No. DS2019-051 be received and adopted. 2. That Minor Variance Application 2019-A-19 by Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh specifically to permit the construction of a detached accessory building with an increased height of 4.66 metres (15.3 feet) and a reduced setback to the watercourse of 15.8 metres (51.8 feet) on the lands known as 1753 Ridge Road West, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Sections 5.1.4 and 5.32, 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 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 detached accessory building is not used for human habitation; d) That the applicants obtain a permit from the Lake Simcoe Region Conservation Authority; 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 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 Report No. DS2019-051 May 1, 2019 Page 1 of 12 Page 143 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... grounBackground: d: The subject property has a lot area of 0.93 hectares (2.29 acres) and contains a single detached dwelling and a boathouse. Oro Creeks South Watercourse runs along the east property line into Lake Simcoe. The applicants are proposing to build a new detached accessory building and are requesting relief from the following Sections of Zoning By-law 97-95, as amended: 1. Section 5.1.4 — Maximum height for a detached accessory building Required: Proposed: 4.5 metres (14.7 feet) 4.66 metres (15.3 feet) 2. Section 5.32 — Setback from a watercourse Re uired: _iProposed: 30.0 metres (98.4 feet) — 15.8 metres (51.8 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 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 shoreline residential area. 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 Development Services May 1, 2019 Report No. DS2019-051 Page 2 of 12 Page 144 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... 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 detached accessory building will be located further from the watercourse than the existing dwelling and the neighbouring detached garage. 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. Lake Simcoe Protection Plan (L5PP1 The lands are subject to the Lake Simcoe Protection Plan (LSPP), which contains policies pertaining to Natural Heritage and Natural Hazards. The Lake Simcoe Region Conservation Authority reviewed the application in context of the Provincial Policy Statement (PPS), the Growth Pian (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179106 under the Conservation Authorities Act. They indicated that the current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179106 under the Conservation Authorities Act. This is representative of associated flooding and erosion shoreline hazards and the Oro Creeks South Watercourse and associated erosion hazard. Accordingly, any site alteration or development within an area governed by Ontario Regulation 179106 will be required to be designed in accordance with the LSRCA Watershed Development Guidelines and a LSRCA permit will be required prior to any site alteration or development. County Official Plan In Simcoe County's Official Plan the property is designated Rural along Lake Simcoe, and designated Greenlands from the middle of the property to Ridge Road. The proposed detached accessory building is located within the Greenlands Designation which permits dwellings on existing lots of record. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the existing residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four -fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services Report No. DS2019-051 May 1, 2019 Page 3 of 12 Page 145 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and pur ose of the Official Plan? The subject lands are designated Rural and Shoreline in the Township's Official Plan. The proposed detached accessory building would be located within the Rural Designation. The intent of the Rural Designation is: • To preserve and promote the rural character of the Township and the maintenance of the open countryside. • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Permitted uses in the Rural designation include single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a detached accessory building, which is accessory to a permitted residential use in the Rural Designation and is not anticipated to conflict with the Official Plan's objectives to protect the rural character of the area. Do the variances conform to the general intent and purpose of the Zoning Bylaw? 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 detached accessory building is permitted pursuant to Section 5.1. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a detached accessory building in the A/RU Zone with an increased height from 4.5 metres (14.7 feet) to 4.66 metres (15.3 feet) and a reduced setback from the watercourse from 30.0 metres (98.4 feet) to 15.8 metres (51.8 feet). Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over -development that would detract from the rural character of the area. The height of a detached accessory building is measured from average grade to mid -roof. The applicants have requested an increase in height of 0.16 metres (0.52 feet), which totals a height of 4,66 metres (15.3 feet), for the storage of watercrafts. In Planning Staff's opinion, the requested increase in height is not believed to have a significant impact on the overall appearance of the structure. Section 5.32 of the Township's Zoning By-law prohibits buildings and structures within 30 metres of the top of bank of any watercourse to prevent flooding and erosion hazards. The applicants are requesting a setback of 15.8 metres (51.8 feet) from the watercourse that runs along the east property line into Lake Simcoe. In this regard, the LSRCA did not express any concerns with the reduced setback to the watercourse; however, they indicated that the proposed detached accessory building will be required to be designed in accordance with LSRCA Watershed Development Guidelines and will be subject to a LSRCA permit prior to any site alteration or development. Development Services May 1, 2019 Report No. DS2019-051 Page 4 of 12 Page 146 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... On this basis, it is Planning Staff's opinion that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for thea ro riate development of the lot? Upon site visit, Planning Staff noted that the proposed increase in height would not be out of character for the area as there are a number of properties along this section of Ridge Road that have obtained a variance for a detached accessory building with an increased height. For instance, a detached garage was approved two properties to the west, at 1775 Ridge Road West, with a height of 7.2 metres (23.6 feet) (MV 2017-A-67) and another garage was approved at the adjacent property to the east, 1735 Ridge Road West, with a height of 5.1 metres (16.7 feet) (MV 2017-A-61). In addition, 1735 Ridge Road West also obtained a variance for a reduced setback from this same watercourse of 6 metres (19.6 feet) (MV 2017-A-61). The proposed garage will be significantly further from the watercourse than the neighbouring garage and the proposed increase in height of 0.16 metres (0.52 feet) is minimal compared to the neighbouring garages. Planning Staff is satisfied that the proposed increase in height will have little to no impact on the adjacent properties and will not result in the over -development of the subject lot. Upon site visit, Planning Staff noted that the subject property is relatively large (0.93 hectares/2.29 acres) with a unique shape, narrow along Ridge Road and wider along the shoreline. Given the distance from Ridge Road and wooded nature of the lot, the proposed garage will not be visible from the road and will have a minimal impact on the neighbouring properties. For these reasons, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances for an increase in height and reduced setback from the watercourse is minor in nature as: 1) the requested 0.16 metres (0.52 feet) increase in height will not have a significant impact on the overall appearance of the structure; 2) the detached accessory building will remain secondary and subordinate to the main residential use of the property; 3) it is not anticipated to have an adverse .impact on the watercourse; and, 4) it is consistent with other development along this portion of Ridge Road. 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. Development Services May 1, 2019 Report No. DS2019-051 Page 5 of 12 Page 147 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... t 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 • 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. 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. An Engineered Lot Grading Plan (ELG) shall be required at the time of a Building Permit application. • Township Building Services — No comments. • Township Infrastructure and Capital Projects — No concerns. • Lake Simcoe Region Conservation Authority — The owner shall obtain a permit from LSRCA for works within the regulated area. Development Services Report No. DS2019-051 May 1, 2019 Page 6 of 12 Page 148 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... 1 - 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 Mapping Conclusion: Heritage System Planning Staff recommends that Minor Variance Application 2019-A-19 be approved, specifically, to permit a detached accessory building with an increased height of 4.66 metres (15.3 feet), and reduced setback from the watercourse of 15.8 metres (51.8 feet) on the basis that the application meets the four tests of the Planning Act and conforms and is consistent with applicable Provincial, County and Township land use policies. Respectfully submitted: ezff �— 0(� Catherine McLean Planner SMT Approval / Comments: Development Services Report No. DS2019-051 Reviewed by: Fb�–Derek Witlib, RIS'P Manager, Planning Services W May 1, 2019 Page 7 of 12 Page 149 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... Schedule 1: Location Map Schedule 1 Location ® Subject Lands File Number. 2019-A-19 Development Services Report No. DS2019-051 Prond Heritage, Exciting Frnwre Q0 100 200 M N ' 1 1 1 1 1 1 1 1 1 1 May 1, 2019 Page 8 of 12 Page 150 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... Schedule 2: Aerial Photo Schedule 2 Aerial Photo Subject Lands File Number 2019-A-19 Development Services Report No. DS2019-051 ro x --t^ of Ct^ �ec�Ui2te Proud HM,gge, E..ifing Foome 0 100 nl N May 1, 2019 Page 9 of 12 Page 151 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... I Schedule 3: Site Plan Schedule 3 Applicant's Site Plan 7<Imurhip nj HeNumber 2019-A-19 Proud Heritaff, 1?sririgq 17Irmrr Development Services Report No. DS2019-051 May 1, 2019 Page 10 of 12 Page 152 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... Schedule 4: Elevation Drawings Schedule 4 Applicant's Elevation Drawings -r,trr,c�,ip„( File Number 2019-A-19 Prowl ilrrrta,Qr, Exririnti F,rurrr Development Services May 1, 2019 Report No. DS2019-051 Page 11 of 12 Page 153 of 230 6.d) 6:10 p.m. Report No. DS2019-51, 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 Subject Landstt�f Natural Heritage System Prond Hrrihtgt, Exciting Fnlure Woodland ;' o 100 200 m Re Number 2019-A•19 N I r r r i I I r r i 1 Development Services Report No. DS2019-051 May 1, 2019 Page 12 of 12 Page 154 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, April 15, 2019 2:43 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, May 1, 2019 (2019-A- 19) Biouckzadeh & Assadian Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 155 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, April 15, 2019 12:36 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@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, May 1, 2019 (2019-A- 19) Biouckzadeh & Assadian Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of a Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 156 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Monday, April 15, 2019 2:37 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 19) Biouckzadeh & Assadian Teresa Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 157 of 230 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, Planner re: Minor... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca April 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 1753 Ridge Road West Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-A-19 IMS File No.:VA-125103-041219 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 detached accessory building having a height of 4.66 metres and located 15.8 metres from a watercourse. 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. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of associated flooding and erosion shoreline hazard and the Oro Creeks South Watercourse and associated erosion hazard. 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 provided materials indicate the proposed detached garage is within the erosion hazard of Oro Creeks South and therefore a permit will be required. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for works within the regulated area 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 158 OJF236•809.465.0437 6.d) 6:10 p.m. Report No. DS2019-51, Catherine McLean, R4 rWcoeR�lii or... conservation authority Page 2 of 3 Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner For further permitting questions please contact Taylor Stevenson: Taylor Stevenson Environmental Regulations Analyst t.stevensonCg@lsrca.on.ca 905-895-1281, ext. 483 Page 159 of 230 Minor Variance 2019-A-1 9 (Assadian-BiouckzadeN), Address: �;- 1753 Ridge Road West Zoning: Agricultural/Rural (A/RU) & Shoreline Residential (SR) Official Plan: Rural & Shoreline Existing Development: Single detached dwelling & CD boathouse O N Township of W O PrauA Heringge, Excising Future a IR Minor Variance 2019-A-1 9 (Assadian-Biouckzade Propose: The applicants are proposing to build a new detached accessory building and are requesting relief from the following Sections of Zoning By-law 97-95, as amended- 1. mended: 1u Section 5.1. — Maximum height for a detached accessory building Reg uired: Proposed: 30.0 metres 98.4 feet 4.5 metres 14.7 feet 4.66 metes 15.3 feet . Section 5.32 — Setback from a watercourse Re uired: Proposed: 30.0 metres 98.4 feet 15.8 metres 51.8 feet CD rn Ni� CA Townsh of O P,,wd Hrrirnge, Exeifing Frcrnrr 0 z 0 0 Cn N O CD U1 0 0 r cu 0 Minor Variance 2019-A-1 9 (Assadian-Biouckzadelv) Aerial Photo v (D rn N O_ N W O CD CD 0 z O 0 N O QD (D (D C7 r (D v Township of PrauA Heringge, Excilin8 Future =3 CD Minor Variance 2019-A-19 (Assadian-Biouckzadelv) Proposed Detached Accessory Building O A � j Approximate location of the watercourse z 1 > O D � Site Plan o i =)7 CD v CD r (D rn v w � H, r, N�4 W Township o��(f7[[ C/ =3O Prmid Herihrge, Exciting Fwaire =3 0 0 0 Minor Variance 2019-A-1 9 (Assadian-Biouckzade CD 0 z 0 (D (D v cQ n m r (D Elevation Drawings ° -'Zook� N Tou xsfiip of O Paned Me, huge, F—iring Fnrnre 0 0 0 Minor Variance 2019-A-1 9 (Assadian-Biouckzadelv) Public Notice Sign v rn Cn o_ N W O CD CD 0 z O 0 N O QD CD CD r (D v laic& Toof #� CO PrauA Heritgge, Exciting Future =3 CD • �� 6'. � y. : ��� Al �i' Ub r lc �3� � `.J. �.Y • IF AV JAY 1,0 F � "� � /���/rFf.yy ry* .a �, q j/ i � yPl Ty 1• rig ''�1� pf ra • + � �� - �x .SAI Y •'�.�. e ;{•� ' ��� 3.. � I �I f�y , wii w, AIR l a tic, y{i � 1 � Ali t i l f �k� ti I than-Biouckzad PF a AIR •. 4-F tic, y{i � 1 � Ali than-Biouckzad PF a e.. IL F!WAR I F!I/der M. Tin CrolIfi1!iF.r •� ��. 3f � Rli kfj il f P �.°. l i F wf4 . Al r 1 I + ++•; Y1 f�lrx 1 y f t! e.. IL F!WAR I F!I/der M. Tin CrolIfi1!iF.r •� ��. 3f � Rli kfj il f P �.°. l i F wf4 . Al 1 I + wf4 F Minor Variance 2019-A-1 9 (Assadian-Biouckzadelv) �=- iR F � Mm it A i'll m r m Watercourse O Township of�''�� PrauA Heringge, Excising Future � 0 0 0 I d_leqn-B_1c)uck7eqd Minor Variance 2019-A-1 9 (Assadian-Biouckzadelv) Recommendation: Approval 1) That Report No. DS2019-051 be received and adopted. 2) That Minor Variance Application 2019-A-19 by Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh specifically to permit tY�e construction of a detached accessory building with an increased height of 4.66 metres (15.3 feet) and a reduced setback to the wafercourse of 15.8 metres (51.8 feet) on the lands known as 1753 Ridge Road West, be approved. 3) That the following conditions be imposed on the Committee's decision: a) That notwithstandin Sections 5.1.4 and 5.32, the proposed detached accessory building shall otherwise comply w�h all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 0 N W O c) That the detached accessory building is not used for human habitation; d) That the applicants obtain a permit from the Lake Simcoe Region Conservation Authority; and, e) That the appropriate Zoning Certificate, Engineered Lot Gradin Plan if required, and Building Permit be obtained from the Township only after the Committees decision becomes final and - binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. O 0 0 z 0 I N O c� m r 0 Towr+shipo�IV'C�l,l�f./T�' � M,wd Heritage, E—iring Fnrnre 0 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Townshfp of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-057 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # May 1, 2019 Minor Variance Application 2019-A-20 Roll #: John & Janet Thompson R.M.S. File #: 4346-030-012-08900 57 Eight Mile Point Road D13 56400 Recommendation(s): Requires Action CX� For Information Only It are recommended: 1. That Report No. DS2019-057 be received and adopted. 2. That Minor Variance Application 2019-A-20 by John and Janet Thompson specifically to permit the construction of a single detached dwelling with a reduced setback from the average high water mark of 17.5 m. (57.4 ft.) to the dwelling and 15.0 m. (49.2 ft.) to the deck, and the construction of a boathouse with an increased height of 5.5 m (18.0 ft.) from the average high water mark on lands municipally known as 57 Eight Mile Point Road, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 4.0 Table B1 (1), Section 5.6 e) and Section 5.7 a), the single detached dwelling and boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling with a reduced setback from the average high water mark and proposed boathouse with an increase in height 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 (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling is located no closer than 17.5 m. (57.4 ft.) from the average high water mark and the deck is located no closer than 15.0 m. (49.2 ft.) from the average high water mark; d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan, Entrance Permit and Building Permit be obtained from the Township only after the Development Services May 1, 2019 Report No. DS2019-057 Page 1 of 11 Page 172 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. e) The boathouse will be used for storage and not for human habitation. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Background: The subject property has a lot area of 0.15 hectares (0.37 acres) and is currently used as a residential lot. The applicants are proposing to demolish the current dwelling (139.9 sq. m./1452.1 sq. ft.), deck (39.9 sq. m. / 429.5 sq. ft.), and boathouse (31.4 sq. m. / 338 sq. ft.) and to construct a new single detached dwelling (preliminary site plan received) and boathouse with a storage loft (71.3 sq. m. / 768 sq. ft.). The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 4.0 — Table B1 1 SR Zone Setbacks and Section 5.30 Required: 20.0 m. (65.6 ft.) from the Proposed: 17.5 m average high-water mark of Lake Simcoe (57.4 ft.) Section 5.6 e — Boathouse Required: Height of 4.5 m. (14.7 ft.) Proposed: 5.5 m (18.0 ft.) Section 5.7 a) — Decks Required: 20.0 m. (65.6 ft.) from the Proposed: 15 m. (49.2 ft.) average high-water mark of Lake Simcoe The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. [AnaI�Ysi Provincial Policies Provincial Policy Statement, 2014 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 1.1.5 Rural Lands, and Section 2.1 — Natural Heritage are applicable to this application. The Rural Areas and Rural Lands policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." Development Services Report No. DS2019-057 May 1, 2019 Page 2 of 11 Page 173 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Section 2.1, Natural Heritage, seeks to protect natural features for the long term. The proposed construction is located adjacent to a significant woodland and wetland feature in the Growth Plan; therefore, a natural heritage evaluation is required to ensure that the proposed single detached dwelling and boathouse will not adversely impact the natural heritage features. Planning Staff is of the opinion that a natural heritage evaluation is not required as the woodland is not deemed significant by the Township and the subject lands are within an already developed neighborhood and lot. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Natural Heritage policies of the PPS. Growth Plan for the Greater Golden Horseshoe, 2017 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 are of the opinion that the proposed single detached dwelling and boathouse are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established lot and residential area. Based on the Province's mapping of key natural heritage features, the proposed development is located adjacent to the Natural Heritage System and an identified Woodland and Wetland. As a result, Section 4.2.2 Natural Heritage System and 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features applies. 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, are 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 the woodland as significant. The County of Simcoe Official Plan identifies it as Greenlands. In Planning Staff's opinion, a natural heritage evaluation is not required as the woodland is not deemed significant in the Townships Official Plan and the subject lands are within an established lot and residential area. The application does represent development adjacent to a Key Hydrologic Feature and is subject to the policies of Section 4.2.2 and 4.2.4. Specifically, Section 4.2.4.5 is applicable because it provides for development in developed shoreline areas that were Development Services Report No. DS2019-057 May 1, 2019 Page 3 of 11 Page 174 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... designated and zoned as of July 1, 2017 for development, which would apply as the subject lands were/are designated and zoned for shoreline residential development. Planning Staff is of the opinion that this application conforms to the Natural Heritage System policies of the Growth Plan 2017. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the construction of a single detached dwelling and boathouse is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. As of the preparation of this report, LSRCA comments not yet received and committee should have regard to comments should they be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four -fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: 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. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwelling and boathouses, and by extension accessory uses to the residential use. Development Services Report No. DS2019-057 May 1, 2019 Page 4 of 11 Page 175 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Therefore, based on the above, the requested variances pertaining to the construction of one (1) single detached dwelling with a reduced average high water mark setback and boathouse with an increase in height are considered to conform to the general intent and purpose of 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 Exception 2 (SR*2) in the Township's Zoning By-law 97-95, as amended. A single detached dwelling and boathouse are permitted in the SR Zone. Exception 2 pertains to the interior side yard setback. The applicant is proposing to build a single detached dwelling and boathouse and is seeking relief from the Zoning By-law to allow for the dwelling and deck to have a reduced setback from the average high water mark and an increase in height for the boathouse. The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 20 metres (65.6 feet) from Lake Simcoe is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. This application will be bettering the setback that is in place with the current dwelling and deck. The general intent of the Zoning By-law in requiring the maximum height restriction of a boathouse is 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 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. Based on the elevation drawings of the boat house and single detached dwelling, Planning Staff's opinion is that the boathouse will remain secondary and subordinate on the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structures 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. While on site, staff noted many two story boathouses along the shoreline. Upon investigation, these boathouses were built before the Zoning By-law but supports that the increase in height will not be out of character for the area. The size and location of the buildings will not interfere with functional matters such as parking and the septic system. The new dwelling will be positioned farther from the shoreline than the current dwelling and will put it in line with the existing neighbouring dwellings, bettering the setback from the average high water mark. Development Services Report No. DS2019-057 May 1, 2019 Page 5 of 11 Page 176 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances to allow for a reduced average high water mark setback and increase in height is minor in nature as it is not anticipated to have an adverse impact on the neighbouring properties or negatively affect the Lake Simcoe shoreline. The property is heavily vegetated on both sides of the property. As well, this variance is bettering the setback from average high water mark than where the current dwelling stands. As the proposed variances are considered to conform to the general intent of the Official Plan, the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Manaqement: 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. • 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. Development Services Report No. DS2019-057 May 1, 2019 Page 6 of 11 Page 177 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, 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 – Engineered Lot Grading Plan required • Township Building Services – No comments. • Township Infrastructure and Capital Projects – No concerns • Lake Simcoe Region Conservation Authority – No comments received Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Conclusion: i Planning Staff recommends that Minor Variance Application 2019-A-20 be approved, specifically, to permit a single family dwelling with a with a reduced setback from the average high water mark of 17.5 m. (57.4 ft.) to the dwelling and 15 m. (49.2 ft.) to the deck, and the construction of a boathouse with an increased height to 5.5 m (18.0 ft.) above the average high water mark on lands municipally known as 57 Eight Mile Point Road, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS and conforms to the Growth Plan. Respectfully submitted: Danielle Waters Planner F§�TApproval / Comments: Development Services Report No. DS2019-057 Reviewed by: /L�L4— - JA Derek Witlib, RPP Manager, Planning Services May 1, 2019 Page 7 of 11 Page 178 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Schedule 1: Location Map a V, N r[41ho a � 9. 1 3 0 s n � 1 � �,ake9hora Rtl. E a r� a L ra a� t fp!_ Q Z� ® Subject Lands Schedule 1 Location E/77Subject Lands Fife Number: 2019-A- 20 Development Services Report No. DS2019-057 Proud Heritt tie, Esrit;ut Future A 0 400 M N May 1, 2019 Page 8 of 11 Page 179 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Schedule 2: Aerial Photo Schedule 2 't• k MSubject Lands File Number: 2019-A- 20 Development Services Report No. DS2019-057 f Proud Herir,{ge, Fxciriut Future A 0 150 M N t i I I May 1, 2019 Page 9 of 11 Page 180 of 230 6.e)6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor 1. Schedule 3: Applicants Proposed Site Plan Schedule 3 Applicant's Site Plan R_1!¥. 8e Number 2019-A-20 /Y�� � �/fit Prtmd Heritage, Ar e _ Development Services Report No DS2019-05 May 1, 2019 Page 10 of 11 Page 181 0 230 % „ q ¥_ . '.a % , .. / _IL 44� ..% : .� a 4"' y. � � @ .!®% % - � �.� —'. \ . \. , . • Vt /C.�¥°ja.0 . � Schedule 3 Applicant's Site Plan R_1!¥. 8e Number 2019-A-20 /Y�� � �/fit Prtmd Heritage, Ar e _ Development Services Report No DS2019-05 May 1, 2019 Page 10 of 11 Page 181 0 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Schedule 4: Applicants Elevation Drawings Schedule 4 Applicant's Elevations File Number 2019-A-20 Tu1+,tr4hiy �Jff Proud 1kri1gee, Exciting Future Development Services May 1, 2019 Report No. DS2019-057 Page 11 of 11 Page 182 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, April 15, 2019 2:44 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, May 1, 2019 (2019-A- 20) Thompson Building Division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 183 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, April 15, 2019 1:08 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <teatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 20) Thompson Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of a Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 184 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Monday, April 15, 2019 2:39 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, May 1, 2019 (2019-A- 20) Thompson Teresa Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 185 of 230 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, Planner re: Minor ... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca April 25, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 57 Eight Mile Point Road Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-A-20 IMS File No.:VA-187199-041219 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 single detached dwelling and boathouse having a height of 5.5 metres. The application is also seeking relief from the required setback from the average high-water mark of Lake Simcoe (proposing 17.5 metre setback) and relief from the required deck setback from the average high-water mark of Lake Simcoe (proposing 15 metre setback). 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. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of associated flooding and erosion shoreline hazard. 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 provided materials indicate the proposed boathouse is within the shoreline hazard area and therefore a permit will be required. The provided drawings indicate that the proposed boathouse will have a second storey with a height of 7 feet 6 inches. Section 3.1 of the PPS directs development outside of hazard areas. Additionally, Section 5.1.1 of the Oro-Medonte Zoning By-law 97-95 and Section 6.3 of LSRCA Watershed Development Guidelines restrict the use of habitable space in a boathouse. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 186 0IF230•809.465.0437 6.e) 6:20 p.m. Report No. DS2019-57, Danielle Waters, PlPAeirjmv(micor ... conservation authority Page 2 of 3 On this basis, any approval of this application should be subject to the following conditions: 1. That the Owner shall obtain a Permit from the LSRCA under the Conservation Authorities Act - Ontario Regulation 179/06. This will require the following (Please note, additional conditions may be required at the time of permitting): a. The submission of Erosion and Sediment Control Plans / Lot Grading Plans to the satisfaction of the LSRCA. Please note: The lot grading plan is to be completed by a qualified professional and is to include details of the erosion/sediment controls and limit of disturbance. b. The submission of a Construction methodology to the satisfaction of the LSRCA. c. The submission of Architectural drawings for the proposed boathouse to the satisfaction of the LSRCA. d. The submission of cross section details to the satisfaction of the LSRCA of the existing and proposed shoreline conditions; e. The submission of an existing vegetation survey (with removals indicated) to the satisfaction of the LSRCA. The proposed plan will be required to demonstrate a net improvement to the ecological function of the shoreline. Plantings should exceed removals and natural areas be maximized; f. The submission of engineering details for the walls to the satisfaction of the LSRCA. Specifically, the Engineer will be required to assess the stability of the shoreline to ensure the proposed development will improve or maintain existing conditions; g. The submission of a detailed planting plan to the satisfaction of the LSRCA. The plantings shall be comprised of native, noninvasive species h. A restrictive covenant shall be registered on title for the boathouse outlining that the structure will not be habitable and that there shall be no sanitary, potable water or heating connection to the structure. Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner For further permitting questions please contact Taylor Stevenson: Taylor Stevenson Environmental Regulations Analyst t.stevenson@lsrca.on.ca 905-895-1281, ext. 483 Page 187 of 230 Minor Variance 2019-A-20 (Thompson) Address: 57 Eight Mile Point Road Zoning: Shoreline Residential (SR*2) Official Plan: Shoreline Existing Development: Single detached dwelling & `° boathouse 0 0 z 0 0 N O O 0 CD 20 CD O O 0 WTownship of O PrauA Heringge, Excilin8 Future CD CD 0 Minor Variance 2019-A-20 (Thompson) Propose: The applicants are proposing to build a new single detached dwelling and boathouse and are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 4.0 — Table B1 (1) SR Zone Setbacks and Section 5.3 Required, 20.0 m. (05.6 ft.) from the average PreposeLl. 17,5 m. x57.4 ft) high-water mark of Lake imcoe Section 5.0 e) — Boathouse Reauireda Height of 4.5 m. 04.7 ft.) DrODOSedn 5.5 m (18. ft. Section _7 a) — Decks Required.- 20.0 m. (05.0 ft_) from the average Proposed: 15 m. (49.2 ft_) hi h-wa er mark of Lake Simcoe CU 00 0 h N W O O z O 0 N O CO cn 1 c� m i4 Township of P,,wd Hrrirnge, Exeifing Frcrnrr 0 Minor Variance 2019-A-20 (Thompson) Aerial Photo N O Z' N O QD m � C. (D (D O O .. WTownship of � � O Praisd Herirage, Exciring Fwaire CD CD 0 Minor Variance 2019-A-20 (Thompson) 4_6 8 AA48 Proposed Site Plan 1q Z' (D 0 z 0 y L 9 T 2 8 NEW DEC 1? ]1a]@ q4 y (.0222 wwi R@t $" XIST BO HOME 4 — — — ^ ` _ ( n ti m J HALL MDWD 29.4 ° — - 4 ~EXISTNG DOCK ell ol �a � 409 � � — +hp of FELXATED _ � I --------------- Y�FJ FFn� Nfn( I m a .ie Fx of c� zinyy '� a 01 M1g7w^ry zla.ae d4 m tr Q� H E (D 0 � TT V W Township of r, Z3 O Z3 PrauA Heringge, Excising Future CD CD 0 Minor Variance 2019-A-20 (Thompson) Proposed House Elevation Drawing Z' Up (D O z O LE,.�..��,�.����.��t. !� - nil ■r 1 bill • �,� • o i ■ • • ■ U • 1� 0 Minor Variance 2019-A-20 (Thompson) N CD --------------------- "If4k -------------- _0 — -- — CD Proposed ---- � ------ --- ----- U� -_ �� T - D boathousea- A� o ®®�n®® elevation drawings ___ _____._._.__________ _ ____ ____z ___----------- __ ___ _____ _------- -- - - -- - ----- o rear elevation secti ,ji,on p sccticn g v.a�r arm vera �0 A A V ) N I I O) I P I r i 4 — — — ------ ----- -- ----- _ _._._ _._._.- ----- _. ------- _-- _._._ _._ ----- ------- ----- _ _._ _._._ — --- — Q CD AC lV Y�V `V �6 dilOn �i iii y � rl. h �EVailOn —14 (��(7 sc -rt v �� [y�,��/1 left elevation � ._' -�� LJJ LIQ CD W N O �Smw4k WTownship h of O — PrauA Heritgge, Excilin8 Future CD CD 0 Minor Variance 2019-A-20(Thompson) CD r 7 r 4 r. 4fA7�"'� z iii _... � t ,dea•. _ s V, r _ a N O . ;.QD CD r - .y CO o View North and South on Eight Mile Point Road Mood Hrrirrrge, E—iring Fat-, CD CD 0 Minor Variance 2019-A-20 (Thompson) Sign posted v (D O_ N W O N O Z' (D O Z O O N O QD 4 DJ (D I N C Township of CU PrauA Heringge, Excising Future CD CD Minor Variance 2019-A-20 (Thompson) 36 0 N W O View of current dwelling and boathouse from front yard N O Z' (D O Z O O N O QD 4 DJ (D (D (D cn Township of � Praisd Herirage, Exciring Falaire CD CD Minor Variance 2019-A-20 (Thompson) N O Z' • D y<,r� CD CO View of current dwelling and deck from Lake side MIM • r r ., • � `. � f.�'.r c k.�Y.�� a .. ■ 1 1 • CD 0 Minor Variance 2019-A-20 (Thompson) N O Z' U) N O QD 4 DJ 1C 0 View South and North along Lake Simcoe CO CO 0 of � WTownship O Praisd Herirage, Exciring Fwaire CD CD 0 I ro r `Y _`=sem.. NU Ism 1"s 0=2 2 0 6. Minor Variance 2019-A-20 (Thompson) Recommendation: Approval 1. That Report No. DS2019-057 be received and adopted. rn 2. That Minor Variance Application 2019-A-20 by John and Janet Thompson specifically to permit the construction of a single detached o dwelling with a reduced setback from the average high water mark of 17.5 m. (57.4 ft.) to the dwelling and 15.0 m. (49.2 ft.) to the -0 deck, and the construction of a boathouse with an increased height of 5.5 m (18.0 ft.) from the average high water mark on lands municipally known as 57 Eight Mile Point Road, be approved. ;U 3. That the following conditions be imposed on the Committee's decision: _0Q a) That notwithstanding Section 4.0 Table B1 (1), Section 5.6 e) and Section 5.7 a), the single detached dwelling and boathouse shalom otherwise comply with all other applicable provisions of the Zoning By-law; z 0 b) That the proposed single detached dwelling with a reduced setback from the average high water mark and proposed boathouse' with an increase in height be substantially and proportionally in conformity with the dimensions as set out on the application an� sketches submitted and approved by the Committee; o c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinningo the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if nCQ footing, the foundation, that the single detached dwelling is located no closer than 17.5 m. (57.4 ft.) from the average high wateb mark and the deck is located no closer than 15.0 m. (49.2 ft.) from the average high water mark; W d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan, (' 0 Entrance Permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and c binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. (D e) The boathouse will be used for storage and not for human habitation. (D N �. And that the applicants be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. in 01 N CA) Towr+slrip f of O M,wd Hrriiage, F—iring Fnrnr, CD CD 0 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-049 I Council Todd Weatherell, Intermediate Planner Meeting Date: Subject: Motion # May 1, 2019 Minor Variance Application 2018-B-27 & 2019-A-06 Roll #: (Cormier) R.M.S. File #: 010-007-17300 1179 Line 2 South — Local D13-55881 & Planning Appeal Tribunal D13-53238 LPAT Hearing Re resentation Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-049 be received and adopted. 2. That staff proceed with Option 2 as outlined in this report in preparation for the LPAT hearing being scheduled. Background: On January 2, 2019 Development Services Committee granted provisional consent to Consent Application 2018-13-27 for Glen Cormier specifically for the purpose to sever one (1) lot, possessing a frontage of 22.55 metres (74.0 feet) and a lot area of 0.10 hectares (0.24 acres) for a proposed single detached residential use on lands municipally known as 1179 Line 2 South. On March 6, 2019 Development Services approved Minor Variance 2019-A-06 by Glen Cormier, specifically to permit lot frontages of 22.5 metres (73.8 feet) and a lot areas of 0.10 hectares (0.49 acres) for a proposed severed and retained lot on lands municipally known as 1170 Line 2 South, which was a condition of Consent for Application 2018-13- 27. The subject property is located at 1179 Line 2 S. in the Township of Oro-Medonte. The lands are approximately 2,021.2 m2 in size and possess approximately 44.9 m of frontage on the eastern side of Line 2. One (1) single detached, 2 -storey dwelling currently exists on the subject lands. It is proposed that a portion of the existing dwelling (± 22.5 m2, Schedule 3) be demolished, such that the severed and retained lots can be balanced in terms of frontage and area. The land is largely flat, with no significant environmental features or regulated areas located on the site. No municipal services provided at the site; the current residence is serviced through private well and septic Development Services Report No. DS2019-049 May 1, 2019 Page 1 of 7 Page 201 of 230 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... system. A Location Map and Aerial Photo of the subject property are included as Schedules 1 and 2 to this report. The subject property is located in Shanty Bay and is designated Rural Settlement Area in the Township's Official Plan and is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. The application was the subject to a Public Hearing for the Consent application and for the Minor Variance application. The Committee received two Planning staff reports DS2018-107 for the Consent application and DS2019-016 for the Minor Variance application that provided a planning analysis of the applications and a review of the policies and tests as required by the Planning Act. As a result of the various inputs from staff, agencies, residents, and the applicant, the Development Services Committee adopted a motion to approve Consent Application 2018-B-27 and Minor Variance Application 2019-A-06. Notices of Decisions were provided in accordance with the Planning Act and as a result, appeals of the Committee's decisions were received on January 18, 2019 for the Consent and March 22, 2019 for the Minor Variance application. Planning Staff has forwarded the appeals to the LPAT. At this time the date for the hearing is not known however in order to appropriately prepare for the LPAT hearing, direction from Council is required and is the purpose of this report. Analysis: Given that staff determined in their reports that the applications did conform to all applicable Planning policies and the Planning Act and the decisions of the Committee were to approve the applications, a recommendation from Council is now required to determine the level of support to be provided by the Township at the LPAT hearing. The Committee has the following options: (1) Provide representation (Planning staff and Township solicitor) to support the Committee's decision to approve the consent application and minor variance application; (2) Not provide representation to support the Committee's decision and rely on the applicant and their agent to provide evidence in support of the applications. Option #1 would require the Township solicitor and Planning staff to uphold the decision of the Committee that approved the consent and minor variance application that was also the recommendation of the staff reports (DS2018-107 and DS2019-016). Planning Staff would work with the Township solicitor in order to prepare the necessary case to Development Services Report No. DS2019-049 May 1, 2019 Page 2 of 7 Page 202 of 230 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... be presented to the Tribunal member in accordance with the Committee's decision and the Staff Reports. The cost for this option is discussed further below. In Option #2, the Township would not provide any representation at the LPAT hearing to defend the Committee's decision. With this option, the applicant/appellant will present their case at the hearing on the merits of the approval and there would be no evidence presented at the hearing from the Township regarding the decision by the Committee to approve the application. In either option, the applicant and appellant are required to provide their own representation, at their cost, to support their position at the LPAT hearing. Financial 1 Legal Implications / Risk Management: Option #1 would include financial costs associated with the Township solicitor's time to prepare and then attend the one day LPAT hearing and also the indirect costs for Township Planning staff to prepare for and attend the hearing. Option #2 would not include financial costs to the Township other than the staff time to attend and observe at the hearing with no evidence being presented by the Township. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 i Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended County of Simcoe Official Plan Corporate Strategic Goals: 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 Report No. DS2019-049 May 1, 2019 Page 3 of 7 Page 203 of 230 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... Consultations: NIA Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Severance and Minor Variance Sketch Conclusion: The decision of the Committee was to approve the Consent and Minor Variance application, consistent with the staff recommendations, however the decisions were appealed to the LPAT. On this basis, direction from Council is required regarding representation to be provided by the Township at the scheduled hearing. Although no hearing date is yet established, it is staff recommendation that Council should proceed with Option 2 as outlined in this report and allow the applicant and their agent defend Committee's decision. Respectfully submitted: Reviewed by: Todd atherell, RPP, CPT Derek Witlib RPP Intermediate Planner Manager, Planning Services SMT Approval 1 Comments: C.A.O. Approval 1 Comments: ---e r --t Development Services May 1, 2019 Report No. DS2019-049 Page 4 of 7 Page 204 of 230 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... Schedule 1 A: Location Map Iri jI fi 4 19iQ llj!?kFll_ uiji ---\ yrs—\iso Lobi M'N LIM \rr77777--� ]7 ]1 Development Services May 1, 2019 Report No. DS2019-049 Page 5 of 7 Page 205 of 230 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Development Services May 1, 2019 Report No. DS2019-049 Page 6 of 7 Page 206 of 230 8.a) Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Min... Development Services May 1, 2019 Report No. DS2019-049 Page 7 of 7 Page 207 of 230 �Aw b + " •• NIC't a K 'L 4Mhrw�M.NuN�dm-- - ode yy� #, �,.r�.�: X49 wMUSU" ICIM.c a cn Nif'1Dx: lefo. Swf. y.,. �s` (� wawfuwurs uarwFgw mxm ` © Y/UfION La/glpp! f10f0/7."¢lJ Otl .n la.. F 1• i SiJ \ 00 � • OP rja •' I I f.. SEVERAINCE SKETCH®.u,ovrmet�,u.*,osatmotas .a.....r<,., www... . Development Services May 1, 2019 Report No. DS2019-049 Page 7 of 7 Page 207 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Report Report No. DS2019-056 Meeting Date: May 1, 2019 Roll #: 4346-010-010-43800 Towt1ship t fA)YA''thalme Proud Heritage, Exciting Future To: Development Services Committee Subject: Consent Application 2019-B-10 and Zoning By-law Amendment Application 2019-ZBA-07 by William & Tracey McKillop 100 Line 12 South Recommendation(s): Requires ActionX❑ It is recommended: 1. That Report DS2019-056 be received and adopted. Prepared By: Andy Karaiskakis, Senior Planner Motion # R.M.S. File #: D10-56401 D1 4-56402 For Information Only❑ 2. That the Development Services Committee grant provisional consent to Consent Application 2019-B-10 pertaining to lands located at 100 Line 12 South, Township of Oro- Medonte, to create a new lot having a lot area of 1.0 hectares (2.47 acres) containing a dwelling that is surplus to the applicant's consolidated farm operation, 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 which conforms substantially with the application as submitted; b) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; c) That the applicant pay 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 By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That the applicant successfully apply to the municipality to amend the Zoning By-law to prohibit new residential uses on the retained lands; e) That the applicant's solicitor provide a written undertaking to the Secretary -Treasurer indicating that the retained lands (farmland) will be transferred into the name of the farmer/farming corporation which operates an agricultural operation on the lands legally described as Part of Lots 19 and 20, Concession 13; f) That the applicant to identify the location of the sewage system in proximity to proposed lot lines, to the satisfaction of the Township's Building Division; g) That all municipal taxes be paid to the Township of Oro-Medonte; Development Services Committee Report No. DS2019-056 May 1, 2019 Page 1 of 8 Page 208 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... h) 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, i) 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 Zoning By-law Amendment Application 2019-ZBA-07 by William & Tracey McKillop, specifically to rezone the retained lands to an Agricultural/Rural Exception (A/RUW) Zone identified in Consent Application 2019-B-10 for lands located at 100 Line 12 South in Part of Lot 20, Concession 12 (Oro), Township of Oro-Medonte, be approved. 4. That the Deputy Clerk bring forward the appropriate By-law (By-law 2019-040) for the Development Services Committee's consideration. 5. And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Background: i The subject lands have a lot area of 38.4 hectares (94.8 acres) and contain a single detached dwelling and several agricultural buildings. The majority of the land is under agricultural cultivation and there is a watercourse and wooded areas on the property. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Consent Application 2019-B-10 The lands to be severed currently support a single detached dwelling and the lands to be retained are to be used for continued agricultural purposes. The applicant is proposing to sever a lot containing the dwelling on the basis that the dwelling is surplus to the purchaser's consolidated farm operation. The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approx. 173.0 m. (567.5 ft.) along Approximately 357.0 m. (1, 171.2 ft.) Line 12 South along Line 12 South Depth: Approximately 95.0 m. 311.6 ft. Irregular Area: Approximately 1.6 ha. (4.0 ac. _Approx. 36.8 ha (90.9 ac.) Use: I Continued Residential , Continued Agricultural The Applicant's Consent Sketch is included as Schedule 3 to this report. The applicants have since revised their application and have reduced the lot area of the severed parcel to 1.0 hectares (2.47 acres) to be in conformity with the County of Simcoe's Official Plan policy for a residence surplus to a farming operation. Development Services Committee May 1, 2019 Report No. DS2019-056 Page 2 of S Page 209 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Zoning By-law Amendment Application 2019-ZBA-07 The Consent application has been submitted along with related Zoning By-law Amendment Application 2019-ZBA-07. The purpose of the Zoning By-law Amendment application is to rezone the proposed retained lot from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception (A/RU*) Zone to prohibit new residential uses on the retained lands. Analysis: Provincial Policy Statement 2014 PPS The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1.4 of the PPS contains policies related to "Rural Areas in Municipalities" and, specifically, Section 1.1.4.1 c) of the PPS states that "new land uses, including the creation of new lots ... shall comply with the minimum distance separation formulae." The subject lands are located in a Prime Agricultural Area and Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a. 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; b. agriculture -related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and, d. infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." Section 2.3.4.1(c), regarding the severance of a residence surplus to a farming operation, is the policy that is most directly relevant to this application. The prospective purchaser of the retained agricultural lands owns two (2) separate farm properties located on the east side of Line 12 South and on the north side of Ridge Road East, comprising a total of approximately 59.7 hectares (147.5 acres). One of the purchaser's farm properties contains a dwelling located at 2310 Ridge Road East. The applicant is proposing to sever the dwelling on the subject farm parcel on the basis that it is surplus to his dwelling located on the above -noted farm lot. Development Services Committee Report No. DS2019-056 May 1, 2019 Page 3 of S Page 210 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... During a site visit of the subject property and the immediate area, livestock operations (horses) were discovered on the subject lands which would result in the requirement for the applicant to provide confirmation of compliance with the applicable Minimum Distance Separation (MDS) Formulae. In accordance with the policies of the Provincial Policy Statement 2014, the County Official Plan and the Township's Official Plan, new lot creation must comply with Minimum Distance Separation 1 (MDS1) provisions for the purpose of a distance buffer between livestock uses and new lots. MDS1 separations are based on a formula for which the variables include the type of livestock, the capacity of the barn and the amount of tillable hectares on the lands. In order to ensure compliance with MDS1, Planning Staff has completed a preliminary MDS1 calculation, in which 81 metres (265 feet) was identified as the setback required from the proposed lot to the livestock facility. Given the distance that exists between the existing dwelling and the livestock facility (173 metres/567 feet), Staff are of the opinion that the proposed lot will meet the required MDS1 setbacks. On the basis of the above policies, the proposed Consent and Zoning By-law Amendment applications, with a reduced lot area for the severed lot of 1.0 hectares (2.47 acres), are considered to be consistent with the Provincial Policy Statement, 2014, subject to the amendment to the zoning of the retained lands, prohibiting their use for residential purposes. Places to Grow - The Growth Plan for the Greater Golden Horseshoe (2017) Section 2.2.2 of the Places to Grow 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 Places to Grow Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation is considered to conform to the Places to Grow policies of the Province. County of Simcoe Official Plan The subject lands are designated Agricultural in the County of Simcoe Official Plan. Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 3.3.5 states that "[consents] for the purpose ... 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." Section 3.6.7c) of the County's Official Plan states that the severance of a residence surplus to a farming operation as a result of farm consolidation is permitted provided that: Development Services Committee Report No. DS2019-056 May 1, 2019 Page 4of8 Page 211 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... 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, New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan and in the PPS and means "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." While application 2019-B-10 would create a retained parcel for continued agricultural use, it is recognized that the lands proposed to be retained would occupy an area of approximately 36.8 hectares (90.9 acres) and, thus, short of the 40 -hectare size as contemplated by the County's Official Plan. However, it is the intent of this application to consolidate the retained 36.8 hectares with the applicant's existing farming operations in the Township. Also, it is noted that the proposed severed lands would occupy an area of approximately 1.0 hectares (2.47 acres), complying with the County's policy for a residence surplus to a farming operation outlined in section 3.6.7 of the County Official Plan. 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. The members of the Committee should have regard to any County comments that may be received. On this basis, it is the opinion of Planning Staff that Consent Application 2019-B-10 and Zoning By-law Amendment Application 2019-ZBA-07 generally conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Agricultural in accordance with the Township's Official Plan (refer to Schedule 4). The Official Plan has not yet been updated to include policies specific to the severance of surplus farm dwellings. Therefore it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against Section D2.2.1 of the Official Plan which sets out general criteria applicable to all consent applications. These criteria and Planning Staff's comments are listed below: 02.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: aj fronts on and will be directly accessed by a public road that is maintained on a year-round basis; Conforms: The subject lands front onto Line 12 South with driveway access for the retained and severed lands on the west side of Line 12 South, which is a public Township Road maintained year-round. Development Services Committee J May 1, 2019 Report No. DS2019-056 Page 5 of 8 Page 212 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request, Conforms: The lands abut Highway 11; however the subject lands have access to Line 12 South. c) will not cause a traffic hazard, Conforms: Upon Site Visit, Planning Staff have identified that the proposed severed lot and existing entrance is within a section of Line 12 South that appears to have clear sight lines. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Conforms: Both the severed and retained parcels would comply with the Zoning By-law's lot frontage and area requirements. The dwelling is already existing and its severance would not conflict with existing surrounding agricultural activities. e) can be serviced with an appropriate water supply and means of sewage disposal, Conforms: the existing dwelling is already serviced by a well and private septic system. The Building Division is responsible for matters related to septic systems and has requested that the applicant identify the location of the sewage system and its proximity to proposed lot lines. f) will not have a negative impact on the drainage patterns in the area; Conforms: The Development Engineering Division is responsible for matters related to drainage and has no concerns with the application. 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; Conforms: the retained lands are not designated for development. h) will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: No natural heritage concerns have been identified by the Township and agencies in their review of these applications. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: No groundwater concerns have been identified by the Township and agencies in their review of these applications. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Development Services Committee Report No. DS2019-056 May 1, 2019 Page 6o#8 Page 213 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. Planning staff is satisfied that the proposed consent conforms to the policies of the Township's Official Plan. Township of Oro-Medonte Zoning By-law 97-95 The majority of the subject lands are zoned Agricultural/Rural (A/RU), with a portion zoned Environmental Protection (EP), which corresponds with a watercourse on the retained lands (refer to Schedule 5). The existing dwelling is permitted in the A/RU Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By-law. The applicant has submitted Zoning By-law Amendment Application 2019-ZBA-07 to rezone the proposed retained agricultural lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception (A/RU*) Zone to prohibit residential uses on the retained farm land, in keeping with PPS policies for surplus farm dwelling severances. Therefore, based on the above, Planning Staff is of the opinion that the proposed Zoning By- law Amendment is appropriate for the lands and conforms to the Township's Official Plan. A draft Zoning By-law Amendment is included as Schedule 6. LFi non cial / Legal Implications / 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 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: Development Services Committee May 1, 2019 Report No. DS2019-056 Page 7 of 8 Page 214 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... • 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 these applications were 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: • Building Division — applicant to identify all sewage systems and their proximity to proposed lot lines. • Development Engineering — no objection. • Lake Simcoe Region Conservation Authority — no objections. A#A# h ents: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Township Official Plan - Land Use Schedule 5: Existing Zoning Schedule 6: Draft Zoning By-law Amendment Conclusion: Based on Planning Staff's analysis of these applications, it is recommended that Consent Application 2019-B-10 with a reduced lot area of 1.0 hectares (2.47 acres) and Zoning By-law Amendment Application 2019-ZBA-07 be approved on the basis that the applications are consistent with the Provincial Policy Statement 2014, conform to the Growth Plan 2017, conform to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, comply with the Planning Act and represent good planning. Respectfully submitted: ,, Na � I Y I� I Andy Karaiskakis, RPP Senior Planner SMT Approval 1 Comments: Development Services Committee Report No. DS2019-056 Reviewed by: �e Derek Witlib, RPP Manager, Planning Services J May 1, 2019 Page 8 of 8 Page 215 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... 1 2310 10 70 76 1 � p ham' W 193 2295 t r " 159 17 IDN 65 1% � 2021 Me 1 i�713 252 1�1!S Schedule 1 Location Township of ® Subject Lands Proud Heritage, Exciting Future 0 300 m File Number: 2019-ZBA-07 8 2019-B-10 N I r rI Page 216 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 2 Aerial Photo Subject Lands Pile Number: 2019-ZBA-07 & 2019-13-10 —44 4 90%k�6 Township o�/�1�i2�i Proud Heritage, Exciting Future 0 200 M N Page 217 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 3 Applicant's Consent Sketch �-- �Wnwisltrpof � -1 . File Number: 2019-ZBA-07 & 2019-B-10 Yroad Heritage, hxciting Future Page 218 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... P.9 Schedule 4 Township official Plan - Land Use Csubject Lands Environmental Protection Two M industrial T _ Rural Recreational Agricultural Hawkestone Expansion Area File Number: 2019-ZBA-07 & 2019-13-10 TOLUfIS11p 0 U/ Proud Herilt�ge, E.rrilbW Future o 400 m N I L L L_ 1 Page 219 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 5 Existing Zoning 1 Subject Lands File Number: 2019-ZBA-07 & 2019-B-10 ) U (Local Industrial) GC (General Commercial) A/RU (Agricultural/Rural) EP (Environmental Protection) PR (Private Recreational) L_o I (institutional) L Towaship of Proud Hencc�ge, Exciting Feaure 0 300 M M IIII Page 220 of 230 Schedule 6: y Karaiskakis, Senior Planner re: Consent ... The Corporation of the Township Of Oro-Medonte By -Law No. 2019-040 A By-law to amend the zoning provisions which apply to lands at Part of Lot 20, Concession 12 (Oro) Township of Oro-Medonte 2019-ZBA-07 (McKillop) 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 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 `A6' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 20, Concession 12 (Oro), Township of Oro-Medonte, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 297 (AIRU*297) Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7 — Exceptions of Zoning By-law No. 97-95, as amended, is hereby further amended by adding the following subsection: "7.297* *297 — Part of Lot 20, Concession 12 (Oro), Township of Oro- Medonte (McKillop) "Notwithstanding Table A4 — Permitted Uses, a single detached dwelling is not permitted on the lands denoted by the symbol *297 on the schedule to this By-law." 3. Schedule "A" attached to By-law No. 2019-040 is declared to form a part of this By-law. 4. 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 15' Day of May, 2019. The Corporation of The Township Of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 221 of 230 8.b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent ... Schedule "A" To By -Law No. 2019-040 The Corporation of the Township of Oro-Medonte Lands to be Rezoned: ®From Agricultural/Rural (A/RU) Zone To Agricuitural/Rural Exception 297 (A/RU'297) Zone This is Schedule "A" to By -Law 2019-040 passed the 1st day of May, 20^ 9 Mayor Deputy Clerk H.S. Hughes J. Teeter Township of Oro-Medonte Page 222 of 230 (Anolication 2019-7BA-07 & 2019-B-10) 8.c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request ... Township of Report t Proud Heritage, Exciting Future Report No. DS2019-059 Meeting Date: May 1, 2019 Roll #: 4346-020-004-14900 To: Development Services Committee Subject: Request for Pre -Servicing Agreement with South Shore Caden Estates Inc. for Draft Plan of Subdivision and Proposed Street Naming Plan of Subdivision Application 2016 -SUB -02 (Kayley Estates) Part of West Half of Lot 6, Concession 14 (Medonte), Township of Oro-Medonte Prepared By: Andy Karaiskakis, Senior Planner Motion # R.M.S. File #: D12 50504 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-059 be received and adopted. 2. That the Township of Oro-Medonte enters into a Pre -Servicing Agreement with South Shore Caden Estates Inc. 3. That the street name "Cheslock Crescent" be assigned to the Kayley Estates subdivision. 4. That the appropriate by-laws be brought forward for Council's consideration. 5. And that the applicant be advised of Committee's decision under the Director, Development Services signature. Background: South Shore Caden Estates Inc. is proposing a residential development located in the Warminster Rural Settlement Area, east of Highway 12 and north of Warminster Sideroad, as identified on the attached location map (Schedule 1 — Location Map). The lands were granted draft plan approval by Council in June 2017 for a fifty (50) lot residential subdivision (Schedule 2 — Draft Plan of Subdivision). There are sixty (60) draft plan conditions which are required to be fulfilled in order to proceed to final registration. As the Developer continues to obtain the necessary agency clearances to proceed to the final registration of the subdivision, they have requested permission to enter into a Pre -Servicing Agreement with the Township. The development is to be serviced through a municipal water system and individual sewage systems. Development Services Report No. DS2019-059 May 1, 2019 Page 1 of 8 Page 223 of 230 8.c) Report No. D$2019-59 Mqy Karaisk�kis, S�n� j, Planner re: Request ... This report ha two purposes relating to th6 Kay y states Ian o u ivision: 1. To analyze a request for a pre -servicing agreement and make recommendations to Committee; and, 2. To analyze a street name proposed by the applicant, being "Cheslock Crescent" and make recommendations to Committee. Each purpose will be analyzed separately. Analysis: 1. Pre -Servicing Agreement The Township has established a process for the consideration of pre -servicing agreements. In accordance with the Township's fees and charges, the required fee of $1500.00 for the preparation and consideration of a pre -servicing agreement was received by the Township. The Township's procedure regarding consideration for pre -servicing agreements is as follows: 1. Developer submits request and required fee to Township that identifies the works being requested to be considered within a pre -servicing agreement with the Township. 2. Developer's Engineer is required to provide a detailed summary of the total construction costs for the specific works to be subject to the pre -servicing agreement that are included in Schedule "B" of the pre -servicing agreement once approved by the Township Engineering Consultant. 3. Township staff circulate request for pre -servicing to internal Township departments, Township engineering consultant; and required external agencies. 4. Township staff prepare a draft pre -servicing agreement for review by internal Township staff and engineering consultant, required agencies, and the developer. 5. Developer to provide signed pre -servicing agreement, letter of credit for 50% of internal pre -servicing works and 110% for external works, and insurance certificate in favour of the Township. 6. Developer to obtain and provide to Township required approvals including: Engineering Drawings, ECA certificates (water, sewage, stormwater), agency sign off for pre -servicing (NVCA, LSRCA, MOECP, MTO, County of Simcoe, all utilities-Enbridge, Hydro One, Bell Canada, Rogers Cable). 7. Staff to prepare the necessary report and by-law to authorize the execution of the pre -servicing agreement once the required documents noted in 5 and 6 above are obtained and submitted to the Township. The developer has provided the following to the Township: • Engineering Drawings approved by The Jones Consulting Group on March 1, 2019 as "Accepted for Construction"; • Insurance certificate provided to Township with Township and The Jones Consulting Group as additional insured; • Utility plans from Enbridge, Hydro One, Rogers and Bell Canada; Development Services May 1, 2019 Report No. DS2019.059 Page 2 of 8 Page 224 of 230 8.c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request ... Clearance letters from: NVCA, Ministry of the Environment, Conservation and I Parks, Ministry of Natural Resources and Forestry and Canada Post; • ECA approval obtained from MOECP; • Security in the amount of $ 1,523,143.42; and • Signed pre -servicing agreement for authorization by Council and execution by Mayor and Clerk. On this basis, staff are now in a position to bring forward the by-law authorizing the execution of the pre -servicing agreement. The developer will then continue to work towards the fulfillment of all necessary items required to execute a full Subdivision Agreement and registration of the Plan later this year. 2. Street Naming In an email correspondence submitted by Chris Underwood, C.C. Tatham & Associates Ltd., dated January 17, 2019 (refer to Schedule 3), the applicant is requesting that the street name be: • Street `A': Cheslock Crescent In considering the proposed street name amendment, the Township of Oro-Medonte has the following Street Naming Policy in place: When naming or changing street names in the Township, consideration be given to one of the following: a. A historic name which once identified the location; b. The surnames of local pioneer families in the immediate vicinity; c. Any prominent geographic, natural or practical feature which makes the location unique or identifiable; d. The names of local servicemen who made the ultimate sacrifice; e. The names of prominent former residents who contributed to the betterment of the Township through their community involvement, athletic or business achievements. 2. Where there are two or more proposed street names in a new development or plan of subdivision, at least one street name will have regard to the above criteria and the developer be encouraged to research the following resources: a. Oro-Medonte Historical Association; b. Simcoe County Historical Society; c. Simcoe County Archives & Township records (i.e. assessment rolls, historical publications); and, d. Local Registry Office (former land ownerships). 3. All proposed new street names shall be circulated to internal departments for review and comment prior to Council approval. 4. The duplication of street names used in adjacent municipalities shall be minimized as not to conflict with emergency response addresses. Circulation of proposed street names will be made by the Township to the neighbouring municipalities for comment when deemed appropriate. Development Services Report No. DS2019-059 May 1, 2019 Page 3 of 8 Page 225 of 230 8.c R port �lo, DSS 0� 9-59, n� Karaiska f ig Senior Planner re: Request ... 5. A repo will be su mute o ouncil ort approval of th'e proposed names. The applicant in their email dated January 17, 2019 has provided the documentation to substantiate that the requested street name amendment would be consistent with Section 1.e. of the Township's policy stated above. The proposed street name Cheslock is a family name that currently reside in Warminster and have developed many subdivisions in this area. The Cheslock family sponsor multiple recreational sports teams in Warminster. Planning Staff is of the opinion that the name Cheslock meets the intent of the street name policy based on their contribution to the betterment of the Township through their community involvement and recommend that 'Cheslock Crescent' be approved by Committee. Financial / Legal Implications / Risk Management: Securities for the pre -servicing works are required by the Township to reduce the risk to the Township for the completion of these works in the event the development does not proceed to subdivision registration. The pre -servicing agreement (Section 1) identifies that all risk for completing works prior to final subdivision approval are assumed by the developer. The Agreement also requires that a Certificate of Insurance confirming Comprehensive General Liability in the amount of $5 million dollars naming the Township and The Jones Consulting Group as co-insured be submitted to the Township. Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Township of Oro-Medonte Street Naming Policy Corporate Strategic Goals: Safe & Healthy Community — To ensure that Oro-Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. Service Excellence — To provide a welcoming, courteous, and professional culture of service excellence on the part of Council and Township staff. Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Consultations: Manager of Development Engineering The Jones Consulting Group Tatham Engineering Limited South Shore Caden Estates Inc. Development Services May 1, 2019 Report No. DS2019-059 Page 4 of 8 Page 226 of 230 8.c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request ... The proposed street name was circulated to internal departments and to surrounding municipalities for comment. In response to the circulation, the following comments were noted: • City of Barrie — no concerns • City of Orillia — no concerns • Township of Springwater — no concerns • Township of Severn — • Township of Tay — no concerns • Fire & Emergency Services — • Operations Services — no concerns • County of Simcoe — Attachments: Schedule 1: Location Map Schedule 2: Draft Plan of Subdivision Schedule 3: Street Naming Request Conclusion: On the basis of the approval of the engineering drawings, receipt of the required insurance certificate and letter of credit for the pre -servicing works, and receipt of the agency/utility clearances including MOECP, it is staff's recommendation that Council enter into a Pre -Serving Agreement with South Shore Caden Estates Inc. Furthermore, it is recommended that the proposed street name for the Kayley Estates subdivision being "Cheslock Crescent" be approved by Committee. Respectfully submitted: Andy Karaiskakis, RPP Senior Planner SMT Approval / Comments: Development Services Report No. DS2019-059 Reviewed by: Derek Witlib, RPP Manager, Planning Services May 1, 2019 Page 5 of 8 Page 227 of 230 8.c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request ... Schedule 1 — Location Map {'� Subject Lands .i a, N Development Services May 1, 2019 Report No. DS2019-059 Page 6 of 8 Page 228 of 230 8.c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request ... Schedule 2 — Draft Plan of Subdivision i m�. 1 714, 1 I r Development Services Report No. DS2019-059 0 Page 7 of 8 Page 229 of 230 8.c) Report No. DS2019-59, Andy Karaiskakis, Senior Planner re: Request ... Schedule 3 - Street Naming Request From: Chris Underwood <cunderwood@cctatham.com> Sent: Thursday, January 17, 201910:56 AM To: Karaiskakis, Andy <aKaraiskakis@aro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca> Subject: RE: Kayley Estates Hello Andy, With regards to the naming of Street A our client would like to propose the name Cheslock Crescent. The name Cheslock is derived from the last name of the developer. The Cheslock family is well regarded in the village of Warminster in which they currently reside. They have developed multiple subdivisions as well as built many homes in the village. The Checlocks also sponsor multiple recreational sports teams in the village. I believe this will fall under section 1.e of the Townships street naming policy. Have you been able to come up with 911 number yet? If you have any questions or concerns please don't hesitate to call. Regards, Chris Underwood, C.E.T., CPT Senior Technologist C.C. Tatham & Associates Ltd. Consulting Engineers 50 Andrew Street South, Suite #100 Orillia, ON L3V 7T5 Tel: (705) 325-1753 (ext 2091) Cell: (705) 441-4946 Fax: (705) 325-7420 Email: cunderwood@cctatham.com Development Services Report No. DS2019-059 May 1, 2019 Page 8 of 8 Page 230 of 230