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06 05 2019 Development Services Committee Agendaln�/a --%%s & Tawnship Prond Heritage, Exciting Future Page 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 Wednesday, June 5, 2019 5:30 p.m. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 3-16 a) Minutes of Development Services Committee meeting held on Wednesday, May 1, 2019. 5. Public Meetings: None. 6. Public Hearings: 17-37 a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-22 (Campitelli) 525 Ingram Road. 38-62 b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor Variance Application 2019-A-23, Erick & Kimberley Brouwer, 40 Amantacha Court. 63-84 c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-24, Patricia and Thomas Harrison, 3558 Line 8 North. 85-105 d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-25 by John Milley, 1440 Line 2 North. 106-127 e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor Variance Application 2019-A-26, Bruno & Jodi Tassone, 16 Champlain Crescent. 128-151 f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor Variance Application 2019-A-27, Michael & Liz Shaughnessy, 51 Ward Avenue. Page 1 of 246 152-171 g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2019-A-29 by South Shore Caden Estates Inc. West Half of Lot 6, Concession 14 (Medonte). 7. Reports of Municipal Officers: 172 - 179 a) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-A-14, Jimmy Furlano, 12 Myrtle Ave. 180-201 b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent Application 2018-B-28, Murray Miller, 472 Line 15 South. 202 - 235 c) Report No. DS2019-71, David Yauk, GIS Technician re: Planning Division Activity Summary (Development Applications, Planning and GIS Projects) March 2019 - May 2019. 236 - 246 d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance Application 2018-A-53 (O'Neill) 1735 Ridge Road West, Local Planning Appeal Tribunal (LPAT) Hearing Representation. 8. Next Meeting Date: Thursday, July 18, 2019. 9. Adjournment: a) Motion to Adjourn. Page 2 of 246 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, May 1, 2019 Present: Mayor H.S. Hughes Deputy Scott Jermey Councillor Ian Veitch Councillor Scott Macpherson Councillor Cathy Keane Councillor Randy Greenlaw Regrets: Councillor Shawn Scott Time: 5:31 p.m. Staff Derek Witlib, Manager, Planning Services; Andy Karaiskakis, Senior Present: Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk N>4%,1. Opening of Meeting: Deputy Mayor Jermey assumed the Chair and called the meeting to order. 2. Agenda Approval: a) Motion to Approve tf Motion No. DSC190501- Moved by Keane, Seconded by Veitch It is recommended that the agenda for the Development Services Committee meeting of Wednesday May 1, 2019 be received and approved. Carried. Page 1 of 14 Page 3 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 3, 2019. Motion No. DSC190501-2 Moved by Keane, Seconded by Greenlaw 64 It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 3, 2019 be received and approved as printed and circulated. Carried. Page 2 of 14 Page 4 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 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 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]. A& Deputy Mayor Jermey called the meeting to order at 5:32 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 Curtis Shelswell, William and Tracey McKillop on the lands located at 100 Line 12 South. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 12, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 12, 2019; Lake Simcoe Region Conservation Authority dated April 17, 2019; Enbridge Gas Inc. dated April 24, 2019; County of Simcoe, Planning Department dated April 25, 2019. 1%44� 1%, Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Curtis Shelswell, applicant, was present. The following provided public comments: None' qqqmlhkk 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. Item 8b) was dealt with at this time. Refer to Item 8b). Em Page 3 of 14 Page 5 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 6. Public Hearings: a) Report No. DS2019-54, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, 682 Line 9 South. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019; Rocchi Devuono dated April 25, 2019; Jennifer Wurtz submitted correspondence at meeting. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the application. A PowerPoint presentation was presented. Brandon Lynn, applicant, was present. The following provided public comments. Jennifer Wurtz submitted correspondence to Committee members/staff. Opposition comments were provided with respect to size of the proposed application, the potential of the garage to be used as a commercial site (e.g., including environmental and noise concerns), decrease in property value and aesthetics, and existing water drainage problems between the two properties. Steven Lynn provided comments that he is very familiar with the property and the applicant abide by all the by-laws and codes required and the application is for an accessory building for storage and drainage comments. Beale Wurtz provided opposition comments with respect to the storage of a trailer, flooding concerns, the potential of the garage to be used as a commercial site, mosquitos in standing water and lyme disease and paying taxes for a residential building on the abutting lot. Page 4 of 14 Page 6 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. Motion No. DSC190501-3 Moved by Keane, Seconded by Macpherson It is recommended 1. That Report No. DS2019-54, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-17 by Nicole Vella & Brandon Lynn, 682 Line 9 South be received. 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 drainage be designed to the satisfaction of Township staff; d) That the appropriate Zoning Certificate, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. 4. That the applicant be advised of the 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 14 Page 7 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. b) Report No. DS2019-55, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-18 by Joe Francelj, 22 Oakmont Avenue. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the application. A PowerPoint presentation was presented. AL Alyssa Gilbertson, on behalf of the applic The following provided public comments Motion No. DSC190501-4 Moved by Greenlaw, Seconded by KeanE It is recommended 1. That Report No. DS2019-55, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2019-A-18 by Joe Francelj, 22 Oakmont Avenue 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. Carried. A digital recording of the hearing is available for review through the Township's website. Page 6 of 14 Page 8 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. c) Report No. DS2019-53, Todd Weatherell, Intermediate Planner re: Consent Application 2019-B-09 (Erwin), 1893 Ridge Road East. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Lake Simcoe Region Conservation Authority dated April 25, 2019; County of Simcoe, Planning Department dated April 25, 2019; Hydro One Networks Inc. dated April 29, 2019. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the application. A PowerPoint presentation was presented. jV Larry Erwin, applicant, was present. The following provided public comments: Non" Motion No. DSC190501-5 Moved by Macpherson, Second( It is recommended 1. That Report No. DS2019-53, Todd Weatherell, Intermediate Planner re: Consent Application 2019-B-09 (Erwin), 1893 Ridge Road East be received. 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. Page 7 of 14 Page 9 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 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. d) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, 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; e) That the lands to be severed and added to the adjacent residential lot shall be rezoned Environmental Protection. f) That all municipal taxes be paid to the Township of Oro-Medonte. g) 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. 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 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. Carried. A digital recording of the hearing is available for review through the Township's website. Page 8 of 14 Page 10 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. d) Report No. DS2019-51, Catherine McLean, Planner re: Minor Variance Application 2019-A-19, Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh, 1753 Ridge Road West. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019; Lake Simcoe Region Conservation Authority dated April 23, 2019. 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 provided public comments: I` Motion No. DSC190501-6 Moved by Keane, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-51, Catherine McLean, Planner re: Minor Variance Application 2019-A-19, Mohammad Biouckzadeh & Zahra Assadian Biouckzadeh, 1753 Ridge Road West 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. Carried. A digital recording of the hearing is available for review through the Township's website. Page 9 of 14 Page 11 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. e) Report No. DS2019-57, Danielle Waters, Planner re: Minor Variance Application 2019-A-20, John & Janet Thompson, 57 Eight Mile Point Road. The following correspondence was received: Township of Oro-Medonte, Building Division dated April 15, 2019; Township of Oro-Medonte, Manager, Development Engineering dated April 15, 2019; Township of Oro-Medonte, Operations Division dated April 15, 2019; Lake Simcoe Region Conservation Authority dated April 25, 2019. Derek Witlib, Manager, Planning Services, explained the purpose and effect of the application. A PowerPoint presentation was presented. Andrew Maclntyre, on behalf of the applicant, was present. The following provided public comments Motion No. DSC190501-7 Moved by Keane, Seconded by Veitch It is recommended dhbb.� IV 1. That Report No. DS2019-57, Danielle Waters, Planner re: Minor Variance Application 2019-A-20, John & Janet Thompson, 57 Eight Mile Point Road 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; Page 10 of 14 Page 12 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 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 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. Carried. A digital recording of the hearing is available for review through the Township's website. 7. Deputations: None. 8. Reports of Municipal Office &,,, JW 1% 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. Motion No. DSC190501-8 Moved by Greenlaw, Seconded by Keane It is recommended 1. That Report No. DS2019-49, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-8-27 & 2019-A-06 (Cormier), 1179 Line 2 South - Local Planning Appeal Tribunal (LPAT) Hearing Representation be received and adopted. 2. That staff proceed with Option 2 as outlined in this report in preparation for the LPAT hearing being scheduled. Carried. Page 11 of 14 Page 13 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. b) Report No. DS2019-56, Andy Karaiskakis, Senior Planner re: Consent Application 2019- 6-10 and Zoning By-law Amendment Application 2019-ZBA-07 by William & Tracey McKillop, 100 Line 12 South. Motion No. DSC190501-9 Moved by Greenlaw, Seconded by Veitch It is recommended 1. That 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 be received and adopted. 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; 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. Page 12 of 14 Page 14 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 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 (NRU*) 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 appropriate by-law (draft By -Law No. 2019-040) be brought forward for Council's consideration. 5. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Carried. 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. Motion No. DSC190501-10 Moved by Macpherson, Secondec It is recommended ■ 1. That 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 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 Counci'l's consideration. 5. And that the applicant be advised of Committee's decision under the Director, Development Services' signature. Nif 9. Communications: None. 10. Next Meeting Date: Wednesday, June 5, 2019. Carried. Page 13 of 14 Page 15 of 246 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 1, 2019. 11. Adjournment: a) Motion to Adjourn. Motion No. DSC190501-11 Moved by Greenlaw, Seconded by Macpherson It is recommended that we do now adjourn at 7:23 p.m. ■ Carried. Deputy Mayor Jermey, Chair Derek Witlib, Manager, Planning Services Page 14 of 14 Page 16 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... Township of p Re ort ���� Proud Heritage, Exciting Future Report No. DS2019-061 Meeting Date: June 5, 2019 Roll #: 4346-020-002-13700 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2019-A-22 (Campitelli) 525 Ingram Road Prepared By: Todd Weatherell, Intermediate Planner Motion # R.M.S. File #: D13-056446 Requires Action For Information Only 1. That Report No. DS2019-061 be received and adopted. 2. That Minor Variance Application 2019-A-22 by Carl and Rebecca Campitelli, specifically to permit an agricultural lot size of 1.01 hectares (2.5 acres) for a property located at 525 Ingram Road, Township of Oro-Medonte, be approved. 3. That, notwithstanding Table B4 of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By -Law; 4. That, notwithstanding Section 6.0 — Definitions (Hobby Farm), on the severed lands the keeping of horses is prohibited. 5. And that the applicant be advised of the Committee's decision under the Secretary -Treasurer's signature. FBackground- The subject lands are located on the south side of Ingram Road, east of Line 6 North (refer to Schedules 1 and 2). Surrounding land uses predominately consist of agricultural uses and include scattered rural non-farm dwellings. The Committee granted Consent Application 2018-B-35 to sever one (1) lot from lands municipally known as 525 Ingram Road, for a hobby farm severance at their meeting on April 3, 2019. The severed lands would comprise 1.01 hectares (2.5 acres) and have approximately 106.6 metres (315.0 feet) of frontage on Ingram Road (refer to Schedule 3). As a condition of the Consent, Minor Variance Application 2019-A-22 is requesting relief from Table B4 of Zoning By-law 97-95 — minimum lot size for agricultural uses Required Proposed 2.0 hectares 1.01 hectares (4.9 acres) (2.5 acres) Development Services Report No. DS2019-061 June 5, 2019 Page 1 of 8 Page 17 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... Analysis: 1 Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. In rural areas, the PPS permits limited residential development and other rural land uses. Section 1.1.5 Rural Lands in Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses consist of large agriculturally related and rural residential land uses. Therefore, the proposed hobby farm would be in keeping with the rural landscape of the area. Section 2.1 Natural Heritage has been reviewed as the subject property contains woodlands. The proposed undersized lot will be located adjacent to the identified woodlands which is located south of the severed lot. Section 2.1.8 states "development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas... unless the ecological function of the adjacent lands has been evaluated and it has been determined that there will be no negative impacts on the natural features or on their ecological functions." The applicant provided a Natural Heritage Evaluation which addressed the concerns related to the impact of the creation of the new lot adjacent to the significant woodland as part of the consent process. Planning Staff is of the opinion that this application is consistent with the Rural Areas, Rural Lands and Natural Heritage policies of the PPS. Growth Plan for the Greater Golden Horseshoe Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2019, is the provincial government's initiative to plan for growth and development in a way that supports economic prosperity, protects the environment and helps communities achieve a high quality of life. In Policy 2.2.9 - Rural Areas there are provisions that allow for development to occur outside of settlement areas in site specific locations with approved designations. The subject Minor Variance Application has been reviewed by Planning staff with respect to the Places to Grow policies. Section 2.2.9.3 c) of these policies state that development outside of settlement areas may be permitted on rural lands for: other rural land uses that are not appropriate in settlement areas provided they: Development Services June 5, 2019 Report No. DS2019-061 Page 2 of 8 Page 18 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... I. are compatible with the rural landscape and surrounding local land uses; II. will be sustained by rural service levels; and III. will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations. Section 4.2.2 Natural Heritage Systems has also been reviewed by Planning staff with respect to the proposed application. The Province has mapped a Natural Heritage System for the Greater Golden Horseshoe to support a comprehensive, integrated and long-term approach to planning for the protection of the region's natural heritage and biodiversity that was released on February 9, 2018. Within the Natural Heritage System, the Growth Plan provides the following policies for the consideration of new developments: • will demonstrate that there are no negative impacts on key natural heritage features or key hydrologic features or their functions; • connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible, enhanced for the movement of native plants and animals across the landscape; • the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided, where possible; • except for uses described in and governed by the policies in subsection 4.2.8 Mineral Aggregate Resources, the disturbed area, including any buildings and structures, will not exceed 25 per cent of the total developable area, and the impervious surface will not exceed 10 per cent of the total developable area; • at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation, except where specified in accordance with the policies in subsection 4.2.8 Mineral Aggregate Resources. Section 4.2.4 Lands Adjacent to Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features is applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a. is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b. is established to achieve and be maintained as natural self-sustaining vegetation; and c. for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature". Section 4.2.4.2 also states "Evaluations undertaken in accordance with policy 4.2.4.1 will identify any additional restrictions to be applied before, during, and after development to protect the hydrologic functions and ecological functions of the feature". Development Services June 5, 2019 Report No. DS2019-061 Page 3 of 8 Page 19 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... The applicant provided a Natural Heritage Evaluation which addressed the concerns related to the impact of the creation of the new lot adjacent to the significant woodland as part of the consent process. On the basis of the preceding, Planning staff is satisfied that the applicant has demonstrated to the satisfaction of the Township and Nottawasaga Valley Conservation Authority that the severed lot and the reduction in lot size will not have any negative impacts on the key natural heritage features or key hydrologic features or their functions. Does the variance conform to the general intent of the Official Plan? The subject lands are designated `Rural' in accordance with Schedule "A — Land Use" of the Township's Official Plan. There is no new development proposed by way of the subject Minor Variance application and therefore the proposed minor variance is required to facilitate a decision previously made by the Committee. 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 lands subject to this application are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95. The minimum lot size required for agricultural uses and hobby farms in the A/RU Zone is 2.0 hectares (4.9 acres). The minimum lot frontage required for properties zoned A/RU is 45 metres (148 feet). The applicant has requested a lot size of 1.01 hectares (2.5 acres) to be in keeping with the County of Simcoe's requirements for new lot creation. However, the new lot would be deficient in size and particularly deficient for the keeping of horses. Other hobby farm uses, such as small-scale agriculture and the keeping of a limited number of domestic animals for personal use and enjoyment would, in Planning Staff's opinion still be appropriate on the proposed 1.01 hectares (2.5 acres) lot. Therefore, Planning Staff is recommending that as a condition of minor variance approval the keeping of horses be prohibited on the new lot. The applicants are aware of the recommended condition and have no concerns with the restriction. Planning Staff is of the opinion that the variance conforms to the general intent of the Zoning By-law and is appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services Report No. DS2019-061 June 5, 2019 Page 4 of 8 Page 20 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement 2014 • Growth Plan for the Greater Golden Horseshoe, 2019 • 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: The Township's following Strategic Goals are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff are of the opinion that if the subject minor variance is approved, that the change on the property will not negatively impact the Township's natural features and attributes. f Consultations: 1 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: • Operations Division: No concerns • Building Division: Applicant to satisfy that sewage system, well and building envelope can be supported on the proposed lot. • Development Engineering: no objection. FAtlachments: Schedule 1: Location Map Development Services June 5, 2019 Report No. DS2019-061 Page 5 of 8 Page 21 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... Schedule 2: Aerial Photo Schedule 2: Applicant's Site Plans Conclusion: l Planning Staff recommends that Minor Variance Application 2019-A-22 be approved, specifically to permit a reduced lot size for agricultural use, on the basis that the application appears to meet the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Tad eathere I, RPP, CPT Intermediate Planner SMT Approval / Comments: Schedule 1 — Location Map: Revie ed by: erek Witlib Manager, Planning Services Development Services Report No. DS2019-061 June 5, 2019 Page 6 of 8 Page 22 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... Schedule 2 - Aerial photo: Schedule 3 - Applicant's Site Plans: No q !� room Development Services Report No. DS2019-061 ' PG.JI'�set� N 61J Pp .ter 2.5 A c2e5" e` CC on � (70, 0 41C Ute FP �EfglNF.m) CN 5 Jia, �3qo° �. , one ---`— --- 002- /37/ ) June 5, 2019 Page 7 of 8 Page 23 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... i Plopdse�\A�— N4M S3 00, Il Development Services June 5, 2019 Report No. DS2019-061 Page 8 of 8 Page 24 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, May 13, 2019 9:49 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 22) Campitelli The building division comments are as follows; 1. Applicant to satisfy themselves that a sewage system, well and building envelope can be supported on the proposed lot. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 25 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Friday, May 10, 2019 11:20 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, June 5, 2019 (2019-A- 22) Campitelli Andy Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 26 of 246 6.a) 5:30 p.m. Report No. DS2019-61, Todd Weatherell, Intermediate Plann... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Friday, May 10, 2019 11:34 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 22) Campitelli Andy Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 27 of 246 Minor Variance 2019-A-22 (Campitelli) Address: 525 Ingram Road Zonin Agricultural/Rural (A/RU) & Environmental Protection (EP) Official Plan: Rural Existing Development: Existing dwelling and barn \\ (+ Subject Lands on retained lands \ l N OD O i0 N � Township of P,,wd Hrrif,rge, E—irmg Fnmre w 0 0 0 z 0 0 N O QD 0 OL CD CD 0 (D 3 M Q r -h �T V Minor Variance 2019-A-22 (Campitelli) Purpose: An application has been submitted requesting the following variance from Zoning By-law 97-95: Table B4 — a) Minimum Lot Size forAgricultural Uses Required 2.0 hectares (4.9 acres) Proposed 1.01 hectares (2.5 acres) The variance relates to Consent Application 2018-B-35, which was conditionally approved by the Development Services Committee on April 3, 2019. N 06,�—•► N Township of PrauA Heringge, Exciting Future 01 w 0 Z 0 0 N O QD 0 OL (D 3 (D Q r -h �T V CD CA) 0 O_ N Minor Variance 2019-A-22 (Campitelli) Air Photo �TYow^nship�of�� PrauA Heringge, Excising Future Cn w CD O z O 0 N O QD O Q Q N (D (D (D m Q r -h �T V Minor Variance 2019-A-22 (Campitelli) ?�� � f � o• 2�SA•c2ES' w 'c 7z, �utcs i / z ReiglNea1� a- IS1pP iga"m os 56fsn-An U . ��+' ooz- X37/0 (D W .ate �1� N4�hr�� t fP-0PdSel7 ° "T �A0 491 / v1 " 4 41 Mn� Clo mite runs _ CDN Township of PrauA Heringge, Exciting Future (D 0— CD CD V Minor Variance 2019-A-22 (Campitelli) Cn w 0 _i FIE CD 0 N New lot View of proposed lot and adjacent neighbour O Z3 4 (F N� Township of PrauA Heringge, Exciting Future (p Q 6). �T V f CD CD N New lot View of proposed lot and adjacent neighbour O Z3 4 (F N� Township of PrauA Heringge, Exciting Future (p Q 6). �T V Minor Variance 2019-A-22 (Campitelli) v Cnw iCD w View of new lot and adjacent neighbour to View from new lot towards existing CD w the east dwelling 0 4 (F N� Tounship of Prmid Herif,rge, Exciting Falure (p Q CD V Minor Variance 2019-A-22 (Campitelli) w Existing Dwelling Existing barn N Township of Prated Herif,rge, Esciring Falure 0 z 0 0 N O (D O 0 Q Q ( (D (D (D 3 CD Q CD V Minor Variance 2019-A-22 (Campitelli) uft,: View from Ingram Road looking North View looking south from Ingram Road o at existing dwelling N � Township of P -ad Me, huge, E—iring Fat-, _, Eft O z O 0 N O QD O Q Q N (D (D 3 M Q r -h �T V Minor Variance 2019-A-2_2 Campitelli) w 0 � 70 NN CD CD Notice Sign CDo C N� Township of Pratod Heritage, Exciting Falure (D Q r -h CD V Minor Variance 2019-A-22 (Campitelli) Recommendation: Approval Conditions: a) That, notwithstanding Table B4 of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By -Law; b) That, notwithstanding Section 6.0 — Definitions (Hobby Farm), on the severed lands the keeping of horses is prohibited. CD w N Township ip of Paned Heritage, E—iring Fnrnre 01 w UI O 0 0 N O QD O Q Q N (D (D (D 3 M Q r -h �T V 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-070 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # June 5, 2019 Minor Variance Application 2019-A-23 Erick & Kimberley Brouwer 40 Amantacha Court Roll #: 4346-020-002-04702 R.M.S. File #: D13 056468 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-070 be received and adopted. 2. That Minor Variance Application 2019-A-23 by Erick and Kimberley Brouwer specifically to permit the construction of a detached accessory building with an increased height to 5.5 metres (18.0 feet) and increased floor area to 120.8 sq. m (1300 sq. ft.) on lands municipally known as 40 Amantacha Court, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.1.4 and 5.1.6 the 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 appropriate Zoning Certificate, Municipal Entrance Permit, 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. And that the applicants be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. f Background: The subject property has a lot area of 0.81 hectares (2.0 acres). The property currently supports a single detached dwelling with an area of 187.5 sq. m. (2018.0 sq. ft.) and three detached accessory building with areas of 20.0 sq. m. (216.0 sq. ft.), 7.4 sq. m. (80 sq. ft.) and 8.9 sq. m. (96 sq. ft.). The applicants are proposing to construct a detached accessory building having a floor area of 120.8 sq. m (1300 sq. ft.), which is Development Services June 5, 2019 Report No. DS2019-070 Page 1 of 10 Page 38 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... not intended to be used for human habitation. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.1.4 — Maximum hei ht Required: Proposed: 4.5 metres (14.7 feet) 5.5 metres (18.0 feet) Section 5.1.6 — Maximum floor area Required: 70 sa. m. (753.5 sa. ft.) maximum law 2003-081, 2017-01 Proposed: 120.8 sq. m. (1300 sq. ft.) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. IAnalysis: 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..." Section 2.1, Natural Heritage, seeks to protect natural features for the long term. The proposed construction is not located within 120m of a woodland or wetland feature in the Township or County Official Plans. Planning Staff is of the opinion that a natural heritage evaluation is not required as the proposed development is within an already developed neighborhood and lot. Planning Staff is of the opinion that this application is consistent with the Rural Areas, Rural Lands and Natural Heritage policies of the PPS. A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan 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 detached accessory building conforms to the Rural Areas policies in the Growth Plan 2019 as the Development Services Report No. DS2019-070 June 5, 2019 Page 2 of 10 Page 39 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... lands subject to this application are already within an established residential area and lot. The Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Furthermore, the subject lands are not within or adjacent to any natural heritage features identified in the Township's or County's Official Plans. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019. 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 application conforms to the County's Official Plan as the construction of a detached accessory building is permitted on the subject lands. 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: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Agricultural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances pertaining to the construction of a detached accessory building with an increase in height and floor area is considered to conform to the general intent and purpose of the Official Plan. Development Services Report No. DS2019-070 June 5, 2019 Page 3 of 10 Page 40 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential Two Exception Five (RUR2*5) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the RUR2 Zone. The applicants are proposing to build a detached accessory building and are seeking relief from the Zoning By-law to allow an increase in height and floor area. The intent and purpose of the floor area and height restriction in the Zoning By-law is to ensure that the detached accessory building remains secondary and subordinate to the single detached dwelling, 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 and appearance to the main residential use on the lot. Exception five speaks mostly to provisions that are applied to a single detached dwelling. Section 7.5 h) and i) speak to setbacks from all structures to the Environmental Protection Zone, which is not relevant for this application. 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. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure with an increase in height and floor area to stand -out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed detached accessory building with an increase in floor area and height would have little to no visual impact on the neighbouring properties, as the proposed detached accessory building is located at the rear of the large property. Additionally, there is a mature vegetative buffer located along all property lines, which assist with providing privacy elements for the neighbouring properties. The subject lands are regulated by the Nottawasaga Valley Conservation Authority, however the proposed development is not located within the regulated area of the property. The floor area and location of the building will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances 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 an increase in height and floor area is minor in nature as it is not anticipated to have an adverse impact on the neighbouring properties. Development Services Report No. DS2019-070 June 5, 2019 Page 4 of 10 Page 41 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Mana ent: 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 • A Place to Grow, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No Corporate Strategic Goals: 97-95, as amended In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60 -metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — Engineered Lot Grading Plan required • Township Building Services — No comments Development Services Report No. DS2019-070 June 5, 2019 Page 5 of 10 Page 42 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... • Township Infrastructure and Capital Projects— No concerns • Nottawasaga Valley 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: Planning Staff recommends that Minor Variance Application 2019-A-23 be approved, specifically, to permit the construction of a detached accessory building with an increased height to 5.5 metres (18.0 feet) and increased floor area to 120.8 sq. m (1300 sq. ft.), 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 2019. Respectfully submitted: Danielle Waters Planner SMT Approval / Comments: Development Services Report No. DS2019-070 Reviewed by: Derek Witlib, RPP Manager, Planning Services June 5, 2019 Page 6 of 10 Page 43 of 246 6.b) 5.40 p.m. Report No. DS2019-70, Danielle Waters, Planner re- Minor ... Schedule 1: Location Map Rd'T'T -ti,•nteni Rae; 4977 C �I i 4998 4917 20 Amantacha Ct• � sale 1 57 21 4900 23 21 19 17 4896/ 25 l i 4892 13 ✓ 4588 Development Services June 5, 2019 Report No. DS2019-070 Page 7 of 10 Page 44 of 246 Schedule 1 Location �i5leJds�lljl ��-. Subject Lard EM I'ruarai iiirrirngr, L�"xridirafi J"lrrnr� a 1470 M Fie Number: 2019-A-23 N I r ! ! I Development Services June 5, 2019 Report No. DS2019-070 Page 7 of 10 Page 44 of 246 6.b) 5,40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... Schedule 2: Aerial Photo Schedule 2 Aerial Photo Subject Lands File Number. 2019-A-23 Development Services Report No. DS2019-070 i�fJ�t��%�.ea�o�rt� Proud Heritage, Exritigq Future Q oI 40 m June 5, 2019 Page 8 of 10 Page 45 of 246 6.b) 5.40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... Schedule 3: Applicants Proposed Site Plan Schedule 3 Applicant's Site Plan File Number 2019-A-23 Proud Ileritgfe, F.rritio.� Pa ttre Development Services Report No. DS2019-070 June 5, 2019 Page 9 of 10 Page 46 of 246 6.b) 5.40 p.m. Report No. DS2019-70, Danielle Waters, Planner re- Minor ... Schedule 4: Applicants Elevation Drawings i''co `�aSe (� S?z� K�4�,t_ St`1C,D YO i�✓�+l��r�lcn►4 e�fZ � a_ r � n �',�soQ Tf�SS 705 3 G S' 1010�1� A \ .�T U.Kr � krl� day st " E Zx�D FR��rh t ..,�_ fz'xlz' 't" L%c4eal &6r 31" Schedule 4 Applicant's Elevation Drawings �-- �] T u eslrip �f / File Number 2019-A-23 Proud Heritgte, Exririgq Future Development Services June 5, 2019 Report No. DS2019-070 Page 10 of 10 Page 47 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, May 13, 2019 12:08 PM To: Waters, Danielle <dwaters@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro- medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 23) Brouwer The Building Division has no comments at this time. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 48 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, May 13, 2019 11:32 AM To: Waters, Danielle <dwaters@oro-medonte.ca> Cc: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; McLean, Catherine <cmclean@oro- medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; Witlib, Derek <dwitlib@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, June 5, 2019 (2019-A- 23) Brouwer Danielle Development Engineering has No Objection to the above noted Application. Please Note: An Engineered Lot Grading Plan shall be required at the time of a Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 49 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... From: Metras, Justin <Imetras@oro-medonte.ca> Sent: Monday, May 13, 2019 11:35 AM To: Waters, Danielle <dwaters@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 23) Brouwer Danielle Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 50 of 246 6.b) 5:40 p.m. Report No. DS2019-70, Danielle Waters, Planner re: Minor ... From: Emma Perry <eperry@nvca.on.ca> Sent: Friday, May 31, 2019 11:55 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Comments re CofA applications for 5 June 2019 meeting The NVCA has reviewed the following Committee of Adjustment applications for conformity with Provincial land use and NVCA policies pursuant to the Conservation Authorities Act. We offer the following comments on the files to be heard at the meeting: 2019-A-23: Minor Variance, 40 Amantacha Court, Township of Oro-Medonte • The NVCA has no concern with the approval of this application to facilitate construction of an oversized detached accessory structure. The area of development is not within the NVCA regulation limit therefore no permit under the Conservation Authorities Act is required. The property is partially captured within the Provincial Natural Heritage System overlay, though the proposed development is not located within the NH System. There is a wetland feature within the Natural Heritage System on the south side of Amanatacha Court, therefore the proposed development is within 120m of this feature. The NVCA is of the opinion that the proposed development will not have any impacts on any Natural Heritage features. 2019-A-24: Minor Variance, 3558 Line 8 North, Township of Oro-Medonte • The NVCA has no concern with the approval of this application to construct an oversize accessory basement apartment within the existing dwelling. The subject site is within the NVCA regulation limit. Clearance under the Conservation Authorities Act has been provided by the NVCA for Interference with a Wetland dated 10 August 2019. The property is outside the Provincial Natural Heritage System. 2019-A-25: Minor Variance. 1440 Line 2 North. Township of Oro-Medtone • The NVCA has no concern with the approval of this application to facilitate construction of an oversized detached garage. The addition is proposed within 30m of an mapped unevaluated wetland feature, within the NVCA regulation limit for Interference with a Wetland. A permit under the Conservation Authorities Act is required for the proposed development. Thank you for the opportunity to provide comments and please forward us a copy of the decisions once available. Sincerely, mma Perry I Planner II Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.244 I F 705-424-2115 eperry@nvca.on.ca I nvca.on.ca Page 51 of 246 Minor Variance Application 2019-A-23 (Brouwer) Address: 40 Amantacha Court Zoning: Rural Residential Two Exception Five (RUR2*5) Official Plan: Agricultural Existing Development: CD 0 z 0 0 N O QD 0 0 CD 0 N Single detached dwelling 0 Township of PrauA Heringge, Excising Future CD CD 0 Minor Variance Application 2019-A-23 (Brouwer) 6 0 0 Propose: The applicants are proposing to build a detached accessory building and are requesting relief from the following Sections of Zoning By-law 97-95, as amended: m 0 Section 5.1.4 — Maximum height z Required: Proposed: 0 vn 4.5 metres (14.7 feet) 5.5 metres (18.0 feet) co Section 5.1.6 — Maximum floor area [By-law 2003-081, 2017-012] CD Required: Proposed: 70 sq. m. (753.5 sq. ft.) maximum 120.8 sq. m. (1300 sq. ft.) CDm CD Cn CA) m N IQ C Township of P,,wd Hrrirnge, Extifing Frcrnrr CD 0 Minor Variance Application 2019-A-23 (Brouwer) CD o Aerial - N 0 0 m cu CnCn 0 mg OEM � Township of � PrauA Heringge, Excising Future CD CD 0 Minor Variance Application 2019-A-23 (Brouwer) 6 0 Site Plan`- r_y 0 N O 4 Co 41 m' cu m m 0 � Township of � PrauA Heringge, Excilin8 Future CD CD 0 Minor Variance Application 2019-A-23 (Brouwer) 90 ase D bra �A� �E� 't0 �+�A>rr+►cr q �we� r ! r ii�6w5 0A"E . cA -r&jSS Elevation �v _ `w �� J `b� If Z' 0 0 5t55C'` dr3 z 0 U) r N ir O K 6 CO p avrr l..n,� div ¢l� 50r � riR Ik L� CD t 3x4' (D O Township of Prarsd Herirage, Exciring Favaire CD CD 0 Minor Variance Application 2019-A-23 (Brouwer) Notice sign posted U 0 Up CD 0 Z 0 U) N O QD O 1C s (D cD (D O Township of CU PrauA Heringge, Excilin8 Future CD CD 0 Looking East and West on Amantacha Court v c0 CD Ul OD 0 h N Minor Variance Application 2019-A-23 (Brouwer) Township of Pratod Herif,rge, Esriring Future CT Cn 0 Ism . Minor Variance Application 2019-A-23 (Brouwer) 0 0 0 z 0 U) N O QD O 1C (D mProposed location for detached accessory building, mature vegetation around location. m cu 0 0 � Township of � Praisd Herirage, Exciring Falaire CD CD 0 Minor Variance Application 2019-A-23 (Brouwer) Proposed location view from street O U CD 0 z 0 -. IV — �— O O St-d a CD (D Township of DJ PrauA Heringge, Exciting Future CD CD 0 Minor Variance Application 2019-A-23 (Brouwer) Recommendation: Approval Conditions: a) That notwithstanding Section 5.1.4 and 5.1.6 the 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 appropriate Zoning Certificate, Municipal Entrance Permit, 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.R 13. 0 CD 0 R Z 0 O N 0 QD 0 O CD' cu CD Township of PrauA Heringge, Exciting Future CD CD 0 R 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Township of /Al" Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-063 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: June 5, 2019 Roll #: 4346-020-010-09400 Recommendation(s): Subject: Minor Variance Application 2019-A-24 Patricia and Thomas Harrison 3558 Line 8 North Requires Action Motion # R.M.S. File #: D13-056474 For Information Only 1. That Report No. DS2019-063 be received and adopted. 2. That Minor Variance Application 2019-A-24 by, Patricia and Thomas Harrison, specifically for permission to permit an accessory apartment within an existing dwelling with a maximum gross floor area of 109.7 square metres (1181.0 square feet) on the lands municipally known as 3558 Line 8 North, Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.4 c) of Zoning By-law 97-95, the proposed apartment shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed apartment on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate and Building Permit be obtained only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Background: The subject property has a lot area of 19.87 hectares (49.09 acres) and is located on Line 8 North. A location map is attached as Schedule 1 and an aerial image as Schedule 2 to this report. Development Services Report No. DS2019-063 June 5, 2019 Page 1 of 9 Page 63 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... The property currently contains a single detached dwelling and an accessory shed. The applicant is proposing to construct an addition with a new garage and a new apartment. Schedule 4 to this report has the proposed floor plan. Analysis: Provincial Policy Statement (PPS) 2014 The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Section 1.1.5 Rural Lands In Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses consist of large agriculturally related and rural residential land uses. Therefore, the proposed attached addition with apartment would be in keeping with the rural landscape of the area. Section 1.4.3 of the PPS directs municipalities to permit all forms of housing to provide an appropriate range and mix of housing types and densities — including affordable housing. Further, municipalities should permit and facilitate all forms of residential intensification and redevelopment, including second units. The PPS recognizes second units as a form of residential development that is conducive to the development of healthy, livable, and safe communities. In Rural areas, secondary units can provide homeowners with an opportunity to earn additional income to help meet the costs of home ownership, and they provide more housing options for extended families or elderly parents, or for a live-in caregiver. Section 2.1 Natural Heritage has been reviewed as the subject property is adjacent to a wetland and woodlands. Section 2.1.5 states that development and site alteration shall not be permitted in significant wetlands; significant woodlands; significant valleylands; significant wildlife habitat; significant areas of natural and scientific interest; and in coastal wetlands. The proposed addition/apartment will be over 220 metres from the Provincial Significant wetland and over 150 metres to the nearest woodlands. The definition of adjacent lands for the purposes of policy 2.1.8, says lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objectives. Section 2.3 — Agriculture is also applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement since the application is for an addition with apartment that will not affect the agricultural uses on the property. Development Services Report No. DS2019-063 June 5, 2019 Page 2 of 9 Page 64 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement since the application is for an accessory apartment that will form part of the existing development on the property and will be approximately 220 metres away from the significant wetland which should not have a negative impact on such wetland. Growth Plan for the Greater Golden Horseshoe. 201 Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2019, 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, 4.2.3 Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Feature and 4.2.4 Lands Adjacent to Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features are applicable to this application. The subject property has a mapped woodland area located partially on the property as determined by the Province's online mapping tool. 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. At the municipal level the Township of Oro-Medonte Official Plan does not identify significant woodlands on the subject property or on adjacent lands. However the County of Simcoe Official Plan includes the subject lands within the `Greenlands' designation which corresponds with a large wooded area on the lands. Since this wooded appear to have the potential to be a significant woodland, Planning Staff have evaluated this application against Growth Plan Section 4.2.3.1 which pertains to development within key natural features. Section 4.2.3.1(e) permits expansions to legally existing uses, provided that the use does not expand into the key natural feature. In this case the lands subject to this application the woodlands are located to the rear of the property well away from the existing dwelling that is already established on the property. It is Planning Staff's opinion that the proposed addition does not represent an expansion into the woodland and that the proposed development conforms to the Natural Heritage System policies of the Growth Plan. The Growth Plan for the Greater Golden Horseshoe (2019) 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 accessory building is consistent with the Rural Areas policies in the Growth Plan. According to the Province of Ontario's Agricultural System Mapping for the Greater Golden Horseshoe, most of the property where the proposed building is to be located has been identified as `Prime Agricultural Area'. Does the variance conform to the general intent of the Official Plan? The subject lands are designated `Agricultural' and `Environmental Protection One' in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses in the `Agricultural' Development Services June 5, 2019 Report No. DS2019-063 Page 3 of 9 Page 65 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... designation include single detached dwellings. The 'Environmental Protection One' permitted uses are conservation and passive recreation uses. The proposed addition/garage/apartment will be located within the `Agricultural' designation approximately 200 metres away from the `Environmental Protection One' designation. The proposed addition/apartment will preserve the existing rural character of the area as is it will be located on an already disturbed area of the property that is currently being used as a driveway and lawn area. The requested variance conforms to the Township's Official Plan. The subject lands is also designated `Agricultural Lands' and `Greenlands' within the County of Simcoe Official Plan. The proposed development will occur on the Agricultural designated lands. Section 3.7.4 permits limited residential development in the rural designation. The proposed addition/garage and apartment would be a continuation of the existing residential use on the property, which in Planning staff's opinion conforms the County's Official Plan. Does the variance conform to the general intent of the ZoningBy-law? The subject property is zoned 'Agricultural/Rural (A/RU)' and `Environmental Protection' (EP) in the Township's Zoning By-law 97-95, as amended. The proposed development of an addition/garage/apartment building will be located on the Agricultural/Rural (A/RU) zone portion of the property and is permitted pursuant to Section 5.1 of the By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of an apartment with a maximum floor area of 109.7 square metres The intent of the 70.0 square metres (753.5 square feet) maximum floor size by the Zoning By- law is to ensure that the apartment is secondary to the main dwelling unit and protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The proposed apartment will have no negative impact on the neighbours as the dwelling is located well off the road and is surrounded by mature vegetation. The main dwelling would maintain its outward appearance as a single detached dwelling. Therefore as mentioned above the proposed variance conforms to the general intent of the Township's Zoning By-law. Is the variance desirable for the appropriate development of the lot? The proposed variance is desirable as the proposed apartment will be located away from the environmental protection area and will be constructed if approved in an area that is already cleared of trees and has been used as part of the garage that is to be removed and replaced. As stated above the existing dwelling and proposed addition will not affect any of the adjacent neighbours as the dwelling is surrounded by mature vegetation and is located 100 metres from Line 8 North. A building of this size is desirable as it will be located on a large rural lot with no impacts to adjacent neighbours. Development Services June 5, 2019 Report No. DS2019-063 Page 4 of 9 Page 66 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Based on the above, Planning Staff is of the opinion that the variance desirable for the appropriate development of the lot. Is the variance minor? The proposed variance is considered minor, as the addition will utilize an area that is already disturbed and in an area that will preserve the existing trees on the property as well as comply with all setback requirements within the Agricultural/Rural (A/RU) Zone. 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, 2019 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: The application is aligned with the objectives of the Balanced Growth strategic goal by protecting our natural environment. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Operations Department: No concerns. Township Building Department: No comment. Township Engineering Department: No Objection. LA!achments: Schedule 1: Location Map Development Services Report No. DS2019-063 June 5, 2019 Page 5 of 9 Page 67 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Plan Schedule 5: Floor Plan F—Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-24 be approved specifically to permit the construction of an apartment with a maximum floor area of 109.7 square metres on the lands municipally known as 3558 Line 8 North, 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: Reviewed by: Todd W atherell RPP, CPT Derek Witlib, RPP Intermediate Planner Manager, Development Services SMT Approval / Comments: M774 - Schedule 1: Location Map Development Services Report No. DS2019-063 June 5, 2019 Page 6 of 9 Page 68 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Schedule 2: Aerial Photos Development Services June 5, 2019 Report No. DS2019-063 Page 7 of 9 Page 69 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Schedule 3: Applicant's Site Plans a New apartment an i g i rags- aJ,_i,tiori New Aput3uent Nene Garage Development Services June 5, 2019 Report No. DS2019-063 Page 8 of 9 Page 70 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... Schedule 4: Elevation Plan: Schedule 5: Floor Plan Development Services Report No. DS2019-063 �I 4 --- -- r ----- �t 1 PC FZ60 June 5, 2019 Page 9 of 9 Page 71 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, May 13, 2019 11:14 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>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 24) Harrison Andy Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Page 72 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Monday, May 13, 2019 10:58 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 24) Harrison Andy Operations has no concerns nor further comment with this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 73 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, May 13, 2019 11:58 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro- medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 24) Harrison The Building Division has no comments at this time. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 74 of 246 6.c) 5:50 p.m. Report No. DS2019-63, Todd Weatherell, Intermediate Plann... From: Emma Perry <eperry@nvca.on.ca> Sent: Friday, May 31, 2019 11:55 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Comments re CofA applications for 5 June 2019 meeting The NVCA has reviewed the following Committee of Adjustment applications for conformity with Provincial land use and NVCA policies pursuant to the Conservation Authorities Act. We offer the following comments on the files to be heard at the meeting: 2019-A-23: Minor Variance, 40 Amantacha Court, Township of Oro-Medonte • The NVCA has no concern with the approval of this application to facilitate construction of an oversized detached accessory structure. The area of development is not within the NVCA regulation limit therefore no permit under the Conservation Authorities Act is required. The property is partially captured within the Provincial Natural Heritage System overlay, though the proposed development is not located within the NH System. There is a wetland feature within the Natural Heritage System on the south side of Amanatacha Court, therefore the proposed development is within 120m of this feature. The NVCA is of the opinion that the proposed development will not have any impacts on any Natural Heritage features. 2019-A-24: Minor Variance, 3558 Line 8 North, Township of Oro-Medonte • The NVCA has no concern with the approval of this application to construct an oversize accessory basement apartment within the existing dwelling. The subject site is within the NVCA regulation limit. Clearance under the Conservation Authorities Act has been provided by the NVCA for Interference with a Wetland dated 10 August 2019. The property is outside the Provincial Natural Heritage System. 2019-A-25: Minor Variance. 1440 Line 2 North. Township of Oro-Medtone • The NVCA has no concern with the approval of this application to facilitate construction of an oversized detached garage. The addition is proposed within 30m of an mapped unevaluated wetland feature, within the NVCA regulation limit for Interference with a Wetland. A permit under the Conservation Authorities Act is required for the proposed development. Thank you for the opportunity to provide comments and please forward us a copy of the decisions once available. Sincerely, mma Perry I Planner II Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.244 I F 705-424-2115 eperry@nvca.on.ca I nvca.on.ca Page 75 of 246 Minor Variance 2019-A-24 (Harrison) Address: 3558 Line 8 North Zoning: Agricultural/Rural (A/RU) & Environmental Protection (EP) Official Plan: Agricultural and Environmental Protection One Existing Development: Subject Lands Existing dwelling N Township of PrarsA Herirnge, Ercitirr�q Frrrnre Cn 61 0 0 0 z 0 0 N O QD CA) 0 Q - CD 0 0 0 3 CD Q CT V Minor Variance 2019-A-24 (Harrison) Purpose: The applicants are requesting permission to permit an accessory apartment within an existing dwelling basement with a maximum gross floor area of 109.7 square metres (1181.0 square feet) and are seeking relief to the following section of Zoning By-law 97-95: Section 5.4 c) —Apartment Dwelling Units Accessory to a Single Detached Dwelling Maximum Gross Floor Area Permitted: 70.0 sq. m. (753.5 sq. ft.) Proposed: 109.7 sq. m. (1181.0 sq. ft.) (D 0 O N Township of PrauA Heringge, Exciting Future Cn 61 C) CD 0 z 0 0 N O QD 6) CA) 0 OL OL CD CD CD CD 3 CD Q CD V Minor Variance 2019-A-24 (Harrison) Air Photo � Township of PrauA Heringge, Excising Fit"" Cn 61 CD 0 z 0 0 N O QD 6) W O Q Q N (D CD (D 3 CD Q CD V Minor Variance 2019-A-24 (Harrison) Nev, apartment and garage aadAion New partmem New. Carve Cn Ui ;v (D O Z O I N O QD ` W Pli V o Site Plans Township of PrauA Heringge, Excilin8 Future Pli Minor Variance 2019-A-24 (Harrison) N I CD 0 z 0 0 N O QD 6) W O Q Q N (D (0 -S w Elevation concept Main floor concept plan `D CD � Township o� , CDS Prmid Heriruge, Exciting Famr, (D Q CD V Minor Variance 2 k: Minor Variance 2019-A-24 (Harrison) -'"'";11011011`1 O,, 4 View of existing dwelling and location of View of the rear yard proposed addition/apartment Township of C Pratod Heritage, Exciting Falure 01 61 O (D O IHS Z O V N /C) MJ T V/ W O CD CD rTf C m�JD CD (D 3 CD Q CD V Minor Variance 2019-A-24 (Harrison) L 1 x Cn 61 a" �u (D O Y 7 N QD 1 6) W CO View of rear of dwelling View of north side yard CA) Ni� N) Township of P,,md Hrrirnge, Extifing Frcrnrr Q Q CD CD 3 CD Q CD V Minor Variance 2019-A-24 (Harrison) Recommendation: Approval Conditions: a) That notwithstanding Section 5.4 c) of Zoning By-law 97-95, the proposed apartment shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed apartment on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate 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. m CO N Towns1ipof C M,wd Heritage, E—iring Falun 01 6; 0 CD 0 z 0 O N O QD rn CA) 0 OL OL CD CD CD CD 3 CD Q CT V 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... Township off p Re ort 0 ,"Cwz&� Proud Heritage, Exciting Future Report No. DS2019-062 Meeting Date: June 5, 2019 Roll #: 4346-010-001-17610 To: Development Services Committee Subject: Minor Variance Application 2019-A-25 by John Milley 1440 Line 2 North Prepared By: Todd Weatherell, Intermediate Planner Motion # R.M.S. File #: D13-56475 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-062 be received and adopted. 2. That Minor Variance Application 2019-A-25 by John Milley, specifically to permit a detached accessory building with a floor area of 81.75 square metres (880.0 square feet) and a maximum height of 5.17 metres (16.96 feet), on the lands municipally known as 1440 Line 2 North, 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, Engineered Lot Grading (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 Committee's decision under the Secretary Treasurer's signature. Background: J The subject property is located at 1440 Line 2 North. 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 59.43 metres (195.0 feet) and has a lot area of 0.45 hectares (1.11 acres) and contains an existing single detached dwelling. Development Services Report No. DS2019-062 June 5, 2019 Page 1 of 7 Page 85 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... The subject property is zoned Rural Residential Two (RUR2) 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: 4.5 metres 14.76 feet Section 5.1.6 — Maximum floor area. Proposed: 5.17 metres (16.96 feet Permitted: Proposed: 70.0 sq. m. (753.5 sq. ft.) 181.75 sq. m. (880.0 sq. ft.) Analysis: Provincial Policy Statement 2014 The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Specifically Section: 1.1.5 — Rural Lands is applicable to this application. The application represents limited, residential development that is consistent with the PPS with respect to Rural Lands as the lot is residential and the proposed structure is accessory to the existing residential use, Growth Plan for the Greater Golden Horseshoe, 2019 Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2019, 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, 4.2.3 Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Feature and 4.2.4 Lands Adjacent to Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features are applicable to this application. The subject property has a mapped woodland area located adjacent to the property as determined by the Province's online mapping tool. 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. At the municipal level the Township of Oro-Medonte Official Plan does not identify significant woodlands on the subject property or on adjacent lands and neither does the County of Simcoe within their Official Plan. In this case the lands subject to this Development Services Report No. DS2019-062 June 5, 2019 Page 2 of 7 Page 86 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... application are already cleared of trees and developed as a residential lot with an existing dwelling already established on the property. It is Planning Staff's opinion that the proposed detached garage does not represent an expansion into the woodland and that the proposed development conforms to the Natural Heritage System policies of the Growth Plan. Does the variance conform to the general intent of the Official Plan? The subject lands are designated Agricultural by the Township's Official Plan and designated Agricultural Lands by the County of Simcoe Official Plan. Pursuant to the policies of both of these Plans, permitted development within the Township's agricultural areas include single detached dwellings and, by extension, accessory buildings to those dwellings, such as the detached garage. 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 Rural Residential Two (RUR2) 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 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 2 North. Additionally, there is a mature vegetative buffer located along the north property line, which will assist with providing privacy elements for the neighbouring properties. The proposed accessory building will also be replacing 2 storage/shipping containers that are currently on the property. 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. Development Services Report No. DS2019-062 June 5, 2019 Page 3 of 7 Page 87 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... 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, 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 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, 2019 • 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. • Operations Division: No comments or concerns. • Building Department: No comments. Development Services Report No. DS2019-062 June 5, 2019 Page 4 of 7 Page 88 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... 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-25 be approved subject to the identified conditions, specifically, to permit the construction of a detached accessory building with an increased maximum floor area of 81.75 sq. m. (880.0 sq. ft.) and a maximum height of 5.17 metres (16.96 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: C:: LQ-0 Todd W therell, RPP, CPT Intermediate Planner SMT Approval / Comments: Reviewed by: Derek W itlib, RPP Manager, Planning Services Schedule 1: Location Map Development Services June 5, 2019 Report No. DS2019-062 Page 5 of 7 Page 89 of 246 6.d) 6.00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... Schedule 2: Air Photo Schedule 3: Applicant's Site Plan P6Ao 14-1-0 LINE _11 42'T/1 Oita /tt&QO*V-Tr Development Services Report No. DS2019-062 r� 436 n, 4� iti � OWELN w!a f i E, ZSiM � June 5, 2019 Page 6 of 7 Page 90 of 246 6.d) 6.00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... Schedule 4: Applicant's Elevation Sketch (A) LWf„ I—,,— i oni on -y"ut4 X41 `z is on Development Services Report No. DS2019-062 ,4 , June 5, 2019 Page 7 of 7 Page 91 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Friday, May 10, 2019 11:23 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, June 5, 2019 (2019-A- 25) Milley Andy Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan may be required at the time of Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 92 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Friday, May 10, 2019 11:35 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 25) Milley Andy Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 93 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, May 13, 2019 9:50 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro- medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 25) Milley The building division has no comments at this time. Garry McCartney Chief Building Official Township of Oro-Medonte Page 94 of 246 6.d) 6:00 p.m. Report No. DS2019-62, Todd Weatherell, Intermediate Plann... From: Emma Perry <eperry@nvca.on.ca> Sent: Friday, May 31, 2019 11:55 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Comments re CofA applications for 5 June 2019 meeting The NVCA has reviewed the following Committee of Adjustment applications for conformity with Provincial land use and NVCA policies pursuant to the Conservation Authorities Act. We offer the following comments on the files to be heard at the meeting: 2019-A-23: Minor Variance, 40 Amantacha Court, Township of Oro-Medonte • The NVCA has no concern with the approval of this application to facilitate construction of an oversized detached accessory structure. The area of development is not within the NVCA regulation limit therefore no permit under the Conservation Authorities Act is required. The property is partially captured within the Provincial Natural Heritage System overlay, though the proposed development is not located within the NH System. There is a wetland feature within the Natural Heritage System on the south side of Amanatacha Court, therefore the proposed development is within 120m of this feature. The NVCA is of the opinion that the proposed development will not have any impacts on any Natural Heritage features. 2019-A-24: Minor Variance, 3558 Line 8 North, Township of Oro-Medonte • The NVCA has no concern with the approval of this application to construct an oversize accessory basement apartment within the existing dwelling. The subject site is within the NVCA regulation limit. Clearance under the Conservation Authorities Act has been provided by the NVCA for Interference with a Wetland dated 10 August 2019. The property is outside the Provincial Natural Heritage System. 2019-A-25: Minor Variance. 1440 Line 2 North. Townshia of Oro-Medonte • The NVCA has no concern with the approval of this application to facilitate construction of an oversized detached garage. The addition is proposed within 30m of an mapped unevaluated wetland feature, within the NVCA regulation limit for Interference with a Wetland. A permit under the Conservation Authorities Act is required for the proposed development. Thank you for the opportunity to provide comments and please forward us a copy of the decisions once available. Sincerely, mma Perry I Planner II Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.244 I F 705-424-2115 eperry@nvca.on.ca I nvca.on.ca Page 95 of 246 Minor Variance 2019-A-25 (Milley) Address: 1440 Line 2 North Zoning: Rural Residential Two (RUR2) Official Plan: Agricultural Existing Development: Existing dwelling Subject Lands 0 N Township of Praisd Herirage, Exciring Falaire 6 0 0 0 z 0 0 N O QD N 0 OL CD 0 0 0 3 m Q art �T V Minor Variance 2019-A-25 (Milley) Purpose: 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: Proposed: 4.5 metres (14.76 feet) 5.17 metres (16.96 feet) Section 5.1.6 — Maximum floor area. Permitted: Proposed: 70.0 sq. m. (753.5 sq. ft.) 81.75 sq. m. (880.0 sq. ft.) 06,�—•► N Township of PrauA Heringge, Exciting Future 0 0 0 0 0 N O QD 6) N 0 OL CD CD CD (D 3 M Q r -h �T V Minor Variance 2019-A-25 (Milley) -0 CD CO O Air Photo N Township of PrauA Heringge, Excilin8 Future 0 z O 0 N O QD 6) N O Q Q N (D (D 3 m Q r -h �T V Minor Variance 2019-A-25 (Milley) a �qf X40 LING` ,tJalCT/y ©Kn Na -0. vT-E- p 4 -f -'- -- - - (D i cS._.. 5.3si (D IT 06 f S a'T )G7 A r-- 7 1 1 M 1-' O CO N (D 09:5-9 S9.4 --w. -s 01 Site Plan N Township of�'' CD (Qin 3 PrauA Heringge, Excising Future (D Q r -h CD V Minor Variance 2019-A-25 (Milley) Left Elevation p is �� a sW J'4' - - 134f �r /6 42 o�B.acic Elavat ion � 1 1 (Q (D Existing Dwelling Existing barn O N -P, Township of P,,md Heriruge, Exciting Fature ((D O Z O V) N O (D O N O Q Q ( CD (D ,--I- CD --r CD 3 (D Q CD V a 1 M1IF-7 Minor Variance 2019-A-25 (Milley) III (D N Proposed garage location. Garage will replace containers. N Township of P -ad Me, huge, E—iring Fnm.m 1 I �'�FFF6iil! -w1 a:- 1 Minor Variance 2019-A-25 (Milley) 0 CD Recommendation: Approval Conditions: _0 0 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- o law; 0 b) That the proposed buildings/structures and landscaping on the property be substantially and o proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; N c) That the appropriate Zoning Certificate, Engineered Lot Grading (if required), and Building � Permit be obtained from the Township only after the Committee's decision becomes final and Q binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. ( v � CD (D Cn 0 061CDN � Township of PrauA Heringge, Exciting Future (D Q E tCDr-4- CD V 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... Township of Report Proud Heritage, Exciting Future Report No. DS2019-067 Meeting Date: June 5, 2019 Roll #: 4346-020-004-14817 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2019-A-26 Bruno & Jodi Tassone 16 Champlain Crescent Requires Action Prepared By: Catherine McLean Planner Motion # R.M.S. File #: D13 56476 For Information Only 1. That Report No. DS2019-067 be received and adopted. 2. That Minor Variance Application 2019-A-26 by Bruno & Jodi Tassone specifically to permit the construction of an attached garage to the existing single detached dwelling with a reduced interior side yard setback of 1.2 metres (4.0 feet) on the lands known as 16 Champlain Crescent, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table 131, the proposed attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed attached garage 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 survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the attached garage is located no closer than 1.2 metres 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. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Development Services Report No. DS2019-067 June 5, 2019 Pagel of 9 Page 106 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... Background: The subject property has a lot area of 0.14 hectares (0.35 acres) and contains a single detached dwelling with an attached carport. The applicants are proposing to demolish the carport and build an attached garage with a larger footprint and are requesting relief from the following Section of Zoning By-law 97-95, as amended: Table B1 — Minimum Required Interior Side Yard uired: 2.5 metres (8.2 feet Proposed: 1.2 metres (4.0 feet The applicant's site plan is included as Schedule 3 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 is applicable to this application. The Rural Areas policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the applicants are proposing an addition to an existing single detached dwelling within an established settlement area. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) 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 attached garage is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established settlement area. County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements Designation permits residential uses. In Planning Staff's opinion, the proposed attached garage is consistent with the County's Official Plan as the garage is an addition 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 Development Services keport No. DS2019-067 June 5, 2019 Page 2 of 9 Page 107 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... 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 Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area Designation is: • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include low density residential uses. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a garage attached to the existing single detached dwelling which is a permitted use in the Rural Settlement Area Designation. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95. The applicants currently have a carport attached to the single detached dwelling that is located 2.2 metres (7.2 feet) from the interior side lot line. The applicants are proposing to demolish the existing carport and replace it with an attached garage with an increased footprint that will encroach into the required interior side yard. Therefore, the applicants are seeking relief from the Zoning By-law to permit a reduced interior side yard from 2.5 metres (8.2 feet) to 1.2 metres (4.0 feet). The primary purpose of the interior side yard setbacks is to provide access and maintenance around buildings and structures, and to provide spatial separation between neighboring dwellings. Upon site inspection, Planning Staff noted that the proposed 1.2 metre (4.0 feet) interior side yard setback would allow adequate space for maintenance of the garage and access around the dwelling without encroaching onto into the neighbours' yard. The owner will still have access to the backyard along the south east side of the property, where the dwelling is setback 8.5 metres (27.8 feet) from the interior side lot line, should they need to bring in any large machinery to the rear of the dwelling. Prior to issuance of a building permit, the owner will be required to prepare an engineered lot grading plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact the neighbouring lots. Development Services Report No. DS2019-067 June 5, 2019 Page 3 of 9 Page 108 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... On this basis, it is Planning Staff's opinion that the proposed attached garage would conform to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed addition would have a minimal impact on the adjacent landowners and will not result in the over -development of the subject lot. The neighbouring dwelling on the north west side of the lot has an attached garage on the side that abuts the subject lands. Planning Staff noted that there is another dwelling within the subdivision, located at 9 Richelieu Road, that obtained a variance for a reduced interior side yard setback of 1.46 metres (4.79 feet) for an attached garage (Minor Variance 2008-A-31). For these reasons, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance for a reduced interior side yard setback of 1.2 metres (4.0 feet) is minor in nature as it is not anticipated to have any adverse impacts on the neighbouring properties and it will not detract from the residential character of the lot. As the proposed variance is considered to conform to the general intent of the Township and County's Official Plans, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area or the use and enjoyment of the 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 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 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services Report No. DS2019-067 June 5, 2019 Page 4 of 9 Page 109 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... 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 shall be required at the time of Building Permit Application. Township Infrastructure and Capital Projects — No concerns. Township Building Department — Applicant to be aware of area and opening of exposed building face of wall facing the property line. EA-tta-ch-men I s: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan LConclusion. Planning Staff recommends that Minor Variance Application 2019-A-26 be approved, specifically, to permit an attached garage with a reduced interior side yard setback of 1.2 metres (4.0 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. Development Services June 5, 2019 Report No. DS2019-067 Page 5 of 9 Page 110 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... Respectfully submitted: (��' /qAWL-- Catherine McLean Planner SMT Approval / Comments: Development Services Report No. DS2019-067 Reviewed by: Derek Witlib, RPP Manager, Planning Services June 5, 2019 Page 6 of 9 Page 111 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... Schedule 1: Location Map ®Yaispk�.— .Vosrvn� �i4 .amu �..i,Jaj 1 38 34 17 36 1' 32 10 �+ 12 29 37 16 33 35 9006 � 31 14 9981 11 2098 27 12 13 9975 10 1;lSit 15 5 17 25 $ 9e65 � 19 9MT 71 �� 6 905.3 i 9949 7 454*415 2 t0 2 may` tow 1754 9e4 AL 12 1 3 9932 t 1952 9813 31 9024 'Dm 1944 Schedule 1 Location li,uIIISITOf "I-,, to ® Subject Lands ������ Prom) Heritage, Escifio{q Future Q o too m File Number: 2019-A-26 N I i iceI Development Services Report No. DS2019-067 June 5, 2019 Page 7 of 9 Page 112 of 246 6.e) 6.10 p.m. Report No. DS2019-67, Catherine McLean, Planner re- Minor... Schedule 2: Aerial Photo Schedule 2 Aerial Photo E3Subject Lana File Number. 2419-R-25 Development Services Report No. DS2019-067 Proud Heritage, Exciting Future Q 4I 15 m June 5, 2019 Page 8 of 9 Page 113 of 246 6.e) 6.10 p.m. Report No. DS2019-67, Catherine McLean, Planner re- Minor... Schedule 3: Site Plan 11. I_ _ Frinn Of How ?4- - . I B S I(, (CV1 Schedule 3 Applicant's Site Plan FIi N m6K20154M T>�,,ia•i Ur�ir.�F•e•, r.+,.r(ri�.� 7�itr:n• Development Services June 5, 2019 Report No. DS2019-067 Page 9 of 9 Page 114 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Thursday, May 16, 2019 11:18 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro- medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 26) Tassone Building department comments are as follows; 1. Applicant to be aware of area and opening of exposed building face of wall facing the property line. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 115 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Wednesday, May 15, 2019 3:54 PM 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>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 26) Tassone Andy Development Engineering has No Objection to the above noted Application. Note: An Engineered Lot Grading Plan Shall be required at the time of Building Permit Application Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 116 of 246 6.e) 6:10 p.m. Report No. DS2019-67, Catherine McLean, Planner re: Minor... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Wednesday, May 15, 2019 3:57 PM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 26) Tassone Andy Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 117 of 246 Minor Variance 2019-A-26 (Tassone) Address: 16 Champlain Crescent Zoning: Residential One (R1) Official Plan: Rural Settlement Area Existing Development: Single detached dwelling with 3 PIN 0 0 z 0 D 0 o an attached carport N � Township of PrauA Heringge, Excising Future � 0 CD m 0 h N Minor Variance 2019-A-26 (Tassone) Propose: The applicants are proposing to demolish the existing carport and build an attached garage with a larger footprint and are requesting relief from the following Section of Zoning By-law 97-95, as amended: Table B1 — Minimum Required Interior Side Yard Required: Proposed: 2.5 metres (8.2 feet) 1.2 metres (4.0 feet) i4 Township of P,,wd Hrrirnge, Exeifing Frcrnrr 0 z 0 Cn 0 N O 4 a) 0 0 0 r cu v 0 Minor Variance 2019-A-26 (Tassone) Aerial Photo v (D N O O H N Up CD 0 z 0 O N O_ QD 6) (D (D 0 C7 r (D Townshipo��(/7[[�C/ � PrauA Heringge, Exciifing [Futures CD 0 Minor Variance 2019-A-26 (Tassone) CD /mmv lV Lmfaec DOW � iP o 0 74 r O Cn Site Plan 0 CO ti 6 feet •�� ,� -3 feet cCDD 16 feet CD v � cQ 0 (D r CD N_ 0) N Township of Pratod Herirage, Exciring Falure 0 0 0 y� f`�iI �• I `k=T7'if��.��4tl,�1'� �Lr. �,� �'W .; z .•:�:-•e?;4�+��.-ar•.'f3pvar-_":;;swwaai�^ .��,;'�3"� :-,:,asp-r. �:,w ar�..s•�ra�-',� �•--.-.::.- . , - ..:NN. Minor Variance 2019-A-26 (Tassone) CD 0 z 0 i r 9 �i CD CD T ff CD Existing single detached dwelling with an attached carport N Township of PrauA Heringge, Excilin8 Future � 0 0 Minor Variance 2019-A-26 (Tassone) Location of the proposed Proposed interior side yard attached garage setback of 1.2 metres N� Township of C Prated Herif,rge, Esciring Falure 0 z O 0 Cn N O (D O 4 W Minor Variance 2019-A-26 (Tassone) CD 0 z 0 N O QD 6) 4 — s � i (D (D mCD r View of the neighbouring attached garage that abuts the subject lands N Township of�''' � PrauA Heringge, Exciting Future � 0 0 0 Minor Variance 2019-A-26 (Tassone) Recommendation: Approval 0 Conditions: a) That notwithstanding Table B1, the proposed attached garage shall otherwise comply with all -.0 other applicable provisions of the Zoning By-law; z b) That the proposed attached garage be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Cn Committee; o 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 survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the attached garage is located no closer than 1.2 metres from -57 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. N Township of PrauA Heringge, Exciting Future � 0 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... "Iownshl.P c?f �6� Report Proud Heritage, Excititkq Future Report No. To: Prepared By: DS2019-069 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # June 5, 2019 Minor Variance Application _ R.M.S. File #: D13 056477 2019-A-27 Michael & Liz Shaughnessy 51 Ward Avenue Roll #: 4346-010-005-31900 Recommendation(s): Requires Action For Information Only❑ It is recommended: 1. That Report No. DS2019-069 be received and adopted. 2. That Minor Variance Application 2019-A-27 by Michael and Liz Shaughnessy specifically to permit the construction of an attached garage with a reduced rear yard setback of 4.2 metres (13.8 feet) and a reduced set back of 0.9 metres (2.95 feet) between the new structure and existing detached accessory building on lands municipally known as 51 Ward Avenue, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 4.1 and 5.1.3 e) the attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed attached garage be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) The loft to be located in the attached garage shall be used for storage, not to be used for human habitation; d) That the appropriate Zoning Certificate (including variance dimension(s) verification by a qualified professional), Municipal Entrance Permit, 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. 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 0.18 hectares (0.44 acres). The property currently supports a single detached dwelling with an area of 192.4 sq. m. (2070.75 sq. ft.) and a Development Services June 5, 2019 Report No. DS2019-069 Page 1 of 10 Page 128 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... detached accessory building area of 13.4 sq. m. (144.0 sq. ft.). The applicants are proposing to construct an attached garage having an area of 60.4 sq. m. (650.0 sq. ft.) with a loft above for storage intended not to be used for human habitation. After the initial Notice was released, a second variance was identified and subsequently added to the application (set back from existing structure), and does not affect the nature of the development proposed. The applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 4.1, Table B1 Required: 7.5 metres (24.6 feet — SR minimum required rear yard Proposed: 4.2 metres (13.8 feet) Section 5.1.3 e) — Detached Accessory Buildings Setbacks Required: 1.0 metres (3.2 feet) set back from main building on the lot from any detached accessory building at the eaves. Proposed: 0.9 metres (2.9 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, 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..." Section 2.1, Natural Heritage, seeks to protect natural features for the long term. The proposed construction is located within 120m of a property designated Greenlands in the County's Official Plans. However, in the Township's Official Plan, the lands are not deemed significant. Planning Staff is of the opinion that a natural heritage evaluation is not required as the proposed development is within an already developed neighborhood and lot. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Rural Lands policies of the PPS. Development Services Report No. DS2019-069 June 5, 2019 Page 2 of 10 Page 129 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... A Place to Grow, 2019 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. This plan 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 attached garage is consistent with the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already within an established residential area. The province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2019, the proposed development is permitted, as the subject lands are located with a developed shoreline area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019. 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). The Rural designation permits limited residential development. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of an attached garage is permitted on the subject lands. 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: Development Services June 5, 2019 Report No. DS2019-069 Page 3 of 10 Page 130 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... Does the variances 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 dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances pertaining to the construction of an attached garage with a reduced rear yard setback and a set back from an existing building is considered to conform to the general intent and purpose of the Official Plan. Does the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the SR Zone. The applicants are proposing to build an attached garage within the SR Zone and are seeking relief from the Zoning By-law to allow to have a reduced rear yard setback and a reduced set back from an existing detached accessory structure. The intent and purpose of the rear yard setback in the Zoning By-law is to ensure access around the building for proper maintenance and drainage, as well as a distance buffer to help mitigate perceived crowding of an adjacent property. The proposed construction is at the rear of the property and cannot be seen from the road, as well as mature vegetation at the rear and one interior side yard. The provided setback for the variance allows for access around the building for maintenance. An Engineered Lot Grading Plan will be required to depict proper drainage at the Building Permit stage. The intent and purpose of the set back from an existing structure is to allow for maintenance around each building, and to prevent crowding of structures on a property. With the set back provided, maintenance around each building will still be possible, as well as access around the opposite side of the dwelling. 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 variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure with a reduced rear yard setback and decreased setback to accessory structure to stand -out, look out of place or detract from the character of this established neighbourhood. Upon visiting the site, the existing house does not have a garage unlike many of the surrounding lots with garages. The size and location of the building will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services June 5, 2019 Report No. DS2019-069 Page 4 of 10 Page 131 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... Is the variances 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 rear yard setback and reduced setback from an existing structure is minor in nature as it is not anticipated to have an adverse impact on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. [Poli_c�ie­s/Legjisla�t__ion- • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2014 • A Place to Grow, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the strategic plan. Consultations: Development Services Report No. DS2019-069 7_1 June 5, 2019 Page 5 of 10 Page 132 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... 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 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-27 be approved, specifically, to permit the construction of an attached garage with a reduced rear yard setback of 4.2 metres (13.8 feet) and a reduced set back of 0.9 metres (2.95 feet) between the new structure and existing shed, 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 2019. Respectfully submitted: TNJA7��� Danielle Waters Planner SMT Approval / Comments: Development Services Report No. DS2019-069 Reviewed by: Derek Witlib, RPP Manager, Planning Services June 5, 2019 Page 6 of 10 Page 133 of 246 6.f) 6.20 p.m. Report No. DS2019-69, Danielle Waters, Planner re- Minor ... Schedule 1: Location Map .rrrHHH►►► i � 19 23 YI 37 2; 20 18 31 35 41 19 26 45 14 28 12 yB 4!3' 10 32 34 30 42 44 4ES ss e as r# � 50 4 w 52 @1' 5 � 3r ss,� 50 1 s 60 62 71 64 gb 73 70 72 74 713 Schedule 1 Location ® Subject Lands Of I" — - –�/'2� Proud HeritnQe, Exrili,iQ Future Q 0 100 m File Number: 2019-A-27 N 1 ° r I 1 Development Services Report No. DS2019-069 June 5, 2019 Page 7 of 10 Page 134 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... Schedule 2: Aerial Photo Schedule 2 Aerial Photo Subject Lands File Number. 2019-A-27 Development Services Report No. DS2019-069 l/ f 611,1 -l/-� Uf Proud Heritage, Exciting Future 0 15 m N l ! i I June 5, 2019 Page 8 of 10 Page 135 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... Schedule 3: Applicants Proposed Site Plan cc. = q.5M F = 5-3 Cj = INVLIc--om u = ibg'/5i.2w T = 13(,'/ L(t.5 T= � = t ,/ 50.3 M = 13, q.2I I-Aiw v6vttmy- t_' ..* wAM Schedule 3 Applicant's Site Plan - T t111,'tq-11f File Number 2019-A-27 Proud Heritgge, Ex(ithq, Puhere Development Services Report No. DS2019-069 June 5, 20191 Page 9 of 10 Page 136 of 246 §.q 6:20 p.m. Report No. DS2O19-69,Danielle Waters, Planner re. Minor Schedule 4: Applicants Elevation Drawings Schedule Applicant's Elevation Drawings @# ;���Ifi File Number 2019-A- Proud lleritqqe, Ex6rin.Q hinsre Development Services dune $ 2049 Report No DS20 9-069 Page 40 of 10 Page 137 0 246 / - [ \ \ x :® . � ! 'i ` f . \ - @ , \ Schedule Applicant's Elevation Drawings @# ;���Ifi File Number 2019-A- Proud lleritqqe, Ex6rin.Q hinsre Development Services dune $ 2049 Report No DS20 9-069 Page 40 of 10 Page 137 0 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, May 13, 2019 12:09 PM To: Waters, Danielle <dwaters@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro- medonte.ca>; Saunders, David <dsaunders@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 27) Shaughnessy The Building Division has no comments at this time. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 138 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, May 13, 2019 12:12 PM To: Waters, Danielle <dwaters@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 27) Shaughnessy They should indicate where and ensure it meets Zoning provisions for driveway lot line offsets. As well — proximity to other services — septic, well etc. I will require the ELG with that included — including any drainage modifications for the driveway extension. David Saunders Manager, Development Engineering Township of Oro-Medonte Page 139 of 246 6.f) 6:20 p.m. Report No. DS2019-69, Danielle Waters, Planner re: Minor ... From: Metras, Justin <Imetras@oro-medonte.ca> Sent: Monday, May 13, 2019 11:33 AM To: Waters, Danielle <dwaters@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, June 5, 2019 (2019-A- 27) Shaughnessy Danielle Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 140 of 246 Minor Variance Application 2019-A-27 (Shaughnessy) Address: 51 Ward Avenue Zoning: Shoreline Residential (SR) Official Plan: Shoreline Existing Development: Single detached dwelling o Township 0 PrauA Heringge, Excilin8 Future CD CD 0 Minor Variance Application 2019-A-27 M, Propose: The applicants are proposing to build a detached accessory building and are requesting relief from the following Sections of Zoning By-law 97-95, as amended: 0 z 0 Section 4.1, Table B1 — SR minimum required rear yard 0 Required: Proposed: o 7.5 metres (24.6 feet) 4.2 metres (13.8 feet) � Section 5.1.3 e — Detached Accessory Buildin s Setbacks o Required: Proposed: 1.0 metres (3.2 feet) set back from main building on the 0.9 metres (2.9 feet) m lot from any detached accessory building at the eaves. 0 CD N .. O � Township of CU PrauA Heringge, Exciting Future CD CD 0 Aerial Minor Variance Application 2019-A-27 (Shaughnessy) N O Z' (D m m w o � WORTownship of VJ i PrauA Heritgge, Exciting Future CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) Site Plan 4.2m setback 0.9m setback N O Z' (D O z O r 64K uyr �•= iN.Z.K t�=[j 10"'�I.2 M�m9nrl vwxrtn[f. 4.2m setback 0.9m setback N O Z' (D O z O r 64K uyr IV0�FD. I,, fA- Z m AWA p 0E- O � � Township of � PrauA Heringge, Excilin8 Future CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) �aaa f -'Vl�4 TA { � c j wl ds�ts Tom. I +�g� #1 _ . ��.. �_. --- — .rntal�,: a -►' 1 c�AIl1A �knne�; N 0 0 N O_ 1 00 Z3 T I � ! U1 Elevation drawings N N) Township of C P,,md Hrrirnge, Exeifing Fnmrr 0 wt a4 (A5 I II VSA , [lY 1 N 0 0 N O_ 1 00 Z3 T I � ! U1 Elevation drawings N N) Township of C P,,md Hrrirnge, Exeifing Fnmrr 0 Minor Variance Application 2019-A-27 (Shaughnessy) Notice sign posted N O Z' (D O z O N O QD Y (0 FD. lV 0 H� Township of CU PrauA Heringge, Excilin8 Future CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) North and South on Ward Ave N O Z' (D O z O U) N O QD 6) QD DJ 1C (D (D O Township of CU Praisd Herirage, Exciring Fwaire CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) N O Z' U) N O QD 6) QD DJ 1C (D r i ALA, Left interior yard Right interior yard (white n Nshed to be removed���—, Township of PrauA Heringge, Excising Future CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) Rear yard, heavy vegetation N O Z' (D O z O .r FD. (CD (D �'. (D Township of Mood Hrrif,rge, E—iring Fnm.m CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) Two stakes depicting far edge of attached N O Z' (D O z O garage o Cn N 0 W � - 1 ._sai. 'a. :oat a.._ r::'•iY:.ati C O .. O Township of � � � O Pratod Herirage, Exciriag Future CD CD 0 Minor Variance Application 2019-A-27 (Shaughnessy) N Recommendation: Approval Conditions: ;U a) That notwithstanding Section 4.1 and 5.1.3 e) the attached garage shall otherwise o comply with all other applicable provisions of the Zoning By-law; z b That the proposed attached garage be substantially and proportionally in conformity with o the dimensions as set out on the application and sketches submitted and approved by N the Committee; c) The loft to be located in the attached garage shall be used for storage, not to be used for human habitation; 0 d) That the appropriate Zoning Certificate (including variance dimension(s) verification by a qualified professional), Municipal Entrance Permit, Engineered Lot Grading Plan, and ' v 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 Township of PrauA Heringge, Exciting Future CD CD 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Township of R 0 Report Proud Heritage, Exciting Future Report No. DS2019-073 To: Development Services Committee Meeting Date: Subject: June 5, 2019 Minor Variance Application 2019-A-29 by South Shore Caden Estates Inc. Roll #: 4346-020-004-14900 West Half of Lot 6, Concession 14 Medonte Prepared By: Derek Witlib, Manager Plannina Services Motion # R.M.S. File #: D13 056504 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-073 be received and adopted. 2. That Minor Variance Application 2019-A-29 by South Shore Caden Estates Inc. be approved as amended to permit the construction of a maximum of three (3) model homes. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.35 of the Zoning By-law model homes shall otherwise comply with all other applicable provisions of the Zoning By-law, including the provisions of the Residential One (R1)(H) with respect to the model homes on their future lots; b) That the applicant enter into a Model Home Agreement with the Township, that the applicant provide the Township with securities pursuant to the Agreement and that the Agreement be registered on title; c) That the applicant apply for and obtain the appropriate Zoning Certificates, Engineered Lot Grading approvals and Building Permits 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. Background: The subject lands currently consist of a single 15.8 hectare (39 acres) property, located in the Warminster Rural Settlement Area, which received Draft Plan Approval in 2017 for the development of a 50 lot residential plan of subdivision known as Kayley Estates. A Location Map is included as Schedule 1 to this report. The developer is currently Development Services Report No. DS2019-073 June 5, 2019 Page 1 of 10 Page 152 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... installing services under the terms of a Pre -Servicing Agreement as the developer works towards registration of the subdivision. The developer has applied for a Minor Variance to permit the construction of seven (7) single detached dwellings as model homes on future lot Nos. 1, 2, 3, 5, 6, 47 and 48 which would ultimately become permanent dwellings within the subdivision. The draft plan and locations of the proposed model homes are shown on Schedule 2. The developer is seeking relief of Section 5.35 of the Zoning By-law which permits a maximum of one (1) model home on the property. Analysis: Provincial Policies The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.1.3 — Settlement Areas; is applicable to this application because it identifies settlement areas as being the focus of growth. A Place to Growth (Growth Plan) 2019 is the Ontario government's initiative to plan for growth and development in a way that supports economic prosperity. Section 2.2.2 Managing Growth and Section 2.2.9 Rural Areas are relevant to this application because they identify rural settlements as locations to which growth and economic opportunities should occur. Planning Staff is of the opinion that this application is consistent with the PPS and conforms to the Growth Plan 2019. County Official Plan The subject lands are designated Settlement in the Simcoe County Official Plan. Section 3.5 of the County Official Plan contains policies relating to the Settlement designation and identify that compact development shall be promoted (Section 3.5.9) and development of a compact urban form that promotes efficient use of land is an objective (Section 3.5.2). The proposed minor variance conforms to the County Official Plan. 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) Development Services Report No. DS2019-073 June 5, 2019 Page 2 of 10 Page 153 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... 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? Pursuant to Schedule A to the Official Plan, the property is designated Rural Settlement Area. Permitted uses in this designation include single detached dwellings. On this basis, the proposal is considered to conform to the general intent of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The lots on which the model homes are proposed to be located are zoned Residential One (Holding) Provision (R1 -H). Generally and in accordance with the Township's standard subdivision agreement, homes are not permitted to be constructed in a subdivision until all the necessary primary services (e.g. roads, water and/or sewer services, ditches and stormwater management facilities) are constructed to the satisfaction of the Township. However, recognizing that there is a practical need for a developer to have a facility on site in which to display, promote and conduct sales within the subdivision, Section 5.35 of the Township's Zoning By-law permits the construction of one model home in advance of this servicing of the subdivision. The number of model homes and/or sales offices to be constructed in an area is limited for various reasons, including to: • Avoid circumventing the required development approval process for the logical timing of construction of dwellings in a subdivision; • Minimize the risks or errors associated with the establishment of a home in advance of matters such as the registration of lot lines and acceptance of grading and services; • Limit the amount of vehicular and pedestrian traffic generated on an incomplete and un -assumed road system in order to promote safety and avoid traffic conflicts within an active construction site; • Avoid creating situations that could potentially lead to dwellings being occupied prior to the necessary Occupancy Certificates being issued a primary services being operatinal. However, the Township has in the past approved Minor Variances to permit up to three (3) model homes in circumstances where the applicant has demonstrated that additional model homes are necessary, while still satisfying the purpose and intent of the Zoning By-law. An example of such a situation might be a plan of subdivision containing a relatively large number of lots and in which there is a reasonable need for the developer to be able to display a variety of architectural options being offered within the development, which may in -turn benefit the marketing and rapid build -out of the development. However, it is not the purpose and intent of the minor variance process to permit additional model homes in order to expedite the construction and ultimate occupancy of homes within a development in advance of he completion of the primary services. Development Services Report No. DS2019-073 June 5, 2019 Page 3 of 10 Page 154 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Contained in Schedule 3 to this report is a submission from the applicant's planner describing the applicant's justification for the requested variance for seven (7) model homes. Planning Staff, having considered the applicant's request, is of the opinion that the proposed seven (7) model homes goes beyond a number that might be reasonably required for sales and marketing purposes. It is Staff's opinion that a maximum of three (3) model homes, which in keeping with the Township's past practice where similar variance requests have been received, would be appropriate and would still afford the developer the ability to display a range of home designs while managing the risks identified above. On this basis, Planning Staff finds that permitting up to three (3) model meets the purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate develoament of the lot? Planning Staff notes that the proposed model home locations are on the future road near the entrance into the development. These locations would help to minimize conflicts between construction equipment/activities and people/vehicles crossing the site to visit the model homes. Since, one model home is already permitted to be constructed as -of - right on the lands and, in Planning Staff's opinion the construction of two additional model homes, all in close proximity near the entrance is not expected to significantly increase the degree of conflict between the movement of potential home buyers across the site and construction activities. Even though the individual lots are not registered, it will be necessary for the developer to demonstrate that the positioning of the homes on the future lots and their driveway locations are in compliance with the Zoning By-law and with the ultimate engineering design of the subdivision. It is Planning Staff's opinion that the considerations and concerns associated with multiple model homes can be reasonably managed for no more than three (3) model homes without creating undue risk. Therefore, Planning Staff is of the opinion that up to three (3) model homes is desirable and appropriate. 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 variance can be considered minor if the number of model homes is limited to three (3) and the developer enters into a Model Home Agreement with the Township which would contain provisions for securities to guarantee compliance and by which the developer would agree to requirements that include: • Municipal services such as water and sanitary sewers will not be provided on a temporary basis; • The model homes will be serviced in the normal course of servicing the proposed development; • The finished floor elevations will be designed to conform to the Township approved _ grading plan for the subdivision; Development Services June 5, 2019 Report No. DS2019-073 Page 4 of 10 Page 155 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... The site around the model homes will be totally landscaped utilizing sod and shrubs in order to create a finished appearance to the site; There will be no residential occupancy of the model homes until substantial completion of the registered plan of subdivision has been granted by the Township and no occupancy permits will be issued until all the underground services and roads have been constructed and accepted by the Township and the Plan of Subdivision has been registered; and The future public road will be constructed and maintained by the developer, at the developer's cost, to a standard satisfactory to the Township for the purpose of providing safe and adequate access to the model homes, until such time as the road is assumed by the Township. By limiting the number of model homes to a maximum of three (3) and requiring the developer to enter into a Model Home Agreement, the variance would remain minor. 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 • A Place to Grow, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended F Corporate Strategic Goals: l In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff is of the opinion that the variance will not negatively impact the Township's natural features and attributes, and is consistent with the strategic plan. Development Services Report No. DS2019-073 June 5, 2019 Page 5 of 10 Page 156 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Consultations: J 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 Building Services — 1) Applicant to be aware that all model homes are required to meet any applicable accessibility requirements of the Ontario Building Code; 2) Washroom facilities in accordance with occupant load of classification will be required; 3) Exit lighting and emergency lighting required in accordance with OBC; 4) Change of use required prior to occupancy to permit the use of a single family dwelling; and 5) All applicable building and septic permits required. Township Operations Division — No concerns. [At:Iachrnenls- Schedule 1: Location Map Schedule 2: Draft Plan and Model Home Locations Schedule 3: Letter dated May 7, 2019 by Morgan Planning and Development Inc. Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-29 be approved, insofar as to permit the construction of a maximum of three (3) model homes, 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 2019. Respectfully submitted: Derek Witlib, RPP Manager, Planning Services SMT Approval / Comments: Development Services June 5, 2019 Report No. DS2019-073 Page 6 of 10 Page 157 of 246 6.g) 6.30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Schedule 1: Location Map Subject Lendt Schedule 2: Draft Plan and Model Home Locations F 9 1d I..J Y4 16 IR6 tP {{, {d ZA 23�JJI aff }2_ i 31 r a. , a F as. i .� 44 ;1;4 1n i 1" 11 i 16 1R 0 22, 14 SQ ' OL 41 ,�rw� 49 ,� ' /y err I - .- :1-• �Ail s .R Development Services June 5, 2019 Report No. DS2019-073 Page 7 of 10 Page 158 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Schedule 3: Letter dated May 7, 2019 by Morgan Planning and Development Inc. MORGAN PLANNING & DEVELOPMENT INC. May 7, 2019 *Delivered by Hand Township of Oro-Medonte 148 Line 7 South, Oro, Ontario, LOL 2X0 Attention: Andria Leigh, Director of Development Services Re: Township of Oro-Medonte Concession 14, South Part West Half Lot 6 (Medonte) Kayley Estates Subdivision Township File No.: 2016 -SUB -02 Minor Variance Application to Permit 7 Model Homes Background On June 7, 2017 Draft Plan of Subdivision approval for a 50 lot residential subdivision was granted by the Township of Oro-Medonte over the property described above. The property is zoned Residential One Hold (R1 -H) and Open Space Exception 271 (OS -271) by Township of Oro-Medonte Zoning By-law (Consolidation 2014). The property is designated Rural Settlement Area by the Township of Oro-Medonte Official Plan. A Pre -Servicing Agreement was executed in May 2019 between the Township and the South Shore Caden Estates Inc. (herein: the developer) and since that time preliminary grading and earthworks have begun. The developer intends to begin construction of the Kayley Estates Subdivision in 2019, immediately following the execution and registration of the Subdivision Agreement. Purpose of Submission The purpose of the minor variance application submitted herein is to permit the construction of 7 model homes, whereas Section 5.35 (Temporary Construction and Sales Uses) permits a single model home. Planning Justification In formulating the planning rational for any minor variance application the applicant and the approval authority must consider the following 4 tests: MORGAN Planning & Development Inc. juror annaporganpianRjn$aca / (705) 327-1873 Development Services Report No. DS2019-073 June 5, 2019 Page 8 of 10 Page 159 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... 4 1. Is the variance minor when considering the impact on adjacent properties and/or uses? 2. Is the variance desirable for the appropriate development of the land? 3. is the general intent and purpose of the zoning by-law maintained? 4. Is the general intent and purpose of the official plan maintained? A detailed planning analysis for the proposed variance is provided below: Variance to Permit 3 Model Homes (ZBL Section 6.36(b)) Minor Variance Tests Planning Justification Is the impact of the variance The civil engineering drawings have been approved minor? by the Township, the MTO and the NVCA, therefore the parameters for the physical development of the site have been agreed upon. For this reason the Township and the adjacent property owners can be assured that the requested 7 model homes will be developed in accordance with Township standards. Is the variance desirable for the appropriate development? Is the general intent and purpose of the zoning by-law maintained? It is the intention of the developer to construct the entirety of the Kayley Estates Subdivision in 2019 and 2020. As a result the impact of permitting the construction 4 model homes in the spring / summer of 2019 will be negligible. For these reasons the requested variance is considered to be minor. The variance is considered desirable as it will allow the developer to showcase 4 of the 7 distinct housing models that will typify the Kayley Estates Subdivision. In the experience of the developer, the requested variance will enable them to sell homes more quickly, which benefits the developer, the Township of Oro-Medonte and the community of Warminster. The intent of the by-law is to ensure that all approvals are in place before a substantive percentage of a draft approved subdivision is constructed. Due to the fact that the Subdivision Agreement is currently being drafted, and all civil engineering drawings have been approved by the Township, the MTO and the NVCA, it is clear that the general intent of the zoning by-law is being maintained. MORGAN Planning & Development Inc. 'mor an aft rganplanning.ca / (705) 327-1873 Page 160 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Is the general intent and purpose of the official plan maintained? The property is designated `Rural Settlement Area' in the Township Official Plan. The objectives of the Rural Settlement Area designation are as follows: 1) To maintain and create attractive communities with suitable amenities, and, 2) To ensure that settlement areas are developed in a logical and cost-effective manner. The subdivision was designed and subsequently approved in accordance with the urban design and the servicing policies provided in the Township's Official Plan. The 7 proposed model homes will be a reflection of the previous approvals. For these reasons it is the opinion of the undersigned that the general intent and purpose of the Official Plan is being maintained. 3 It is proposed that the 7 requested model homes be constructed on Lots 1, 2, 3, 5, 6, 47 and 48 as highlighted on the attached Draft Plan of Subdivision. Enclosures: • One cheque for the sum of $700.00 payable to the Township of Oro-Medonte. This fee represents the application and processing fees for minor variance application. • One cheque for the sum of $200.00 payable to the Nottawasaga Valley Conservation Authority. • One original and one duplicate copy of the complete minor variance application. With this submission, and in light of the applicants desire to begin construction during the spring of 2019 we respectfully request that a public hearing be held at the earliest available opportunity. Sincerely, MORGAN Planning & Development Inc. Joshua Morgan, RPP MORGAN Planning & Development Inc. imorgan@morganplannin�ca / (705) 327-1873 Page 161 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... From: Metras, Justin <Imetras@oro-medonte.ca> Sent: Tuesday, May 21, 2019 7:29 AM To: Witlib, Derek <dwitlib@oro-medonte.ca> Subject: RE: Request for Comments - Minor Variance 2019-A-29 Derek Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 162 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... Simcoe County District School Board May 24th, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario, LOL 2EO FILE NO.: 2019-A-29 Attention: Mr. Karaiskakis South Shore Caden Estates Inc. 2, 4, 6, 10, 11, 12 & 15 Cheslock Crescent (Lots 1, 2, 3, 5, 6, 47 & 48 in Draft Approved Kayley Estates Subdivision) Thank you for circulating notification of the above noted Minor Variance application to this office. The applicant is proposing to construct 7 model homes and is seeking relief to the following section of Zoning By-law 97-95, as amended: Section 5.35 — Temporary Construction and Sales Uses Required: Proposed: Maximum Number of Model Homes: 1 7 Model Homes Planning staff have no objection to the requested variance. Should you require additional information, please do not hesitate to contact this office. Yours truly, Stephen Bradshaw, B.A.A Planner, Planning & Enrolment Simcoe County District School Board 1170 Highway 26, Midhurst, Ontario, Canada L9X 1 N6 P: 705-734-6363 ext. 11441 Isbradshaw(uscdsb.on.ca Simcoe County District School Board - www.scdsb.on.ca - 1170 Hwy 26 -Mid hurst, ON — L9X 11\16 - 705-728-7570 Page 163 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... June 5, 2019 Development Services Committee Reviewed with the Committee at meeting From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Friday, May 24, 2019 2:01 PM To: Withb, Derek <dwitlib@oro-medonte.ca>; Falcon!, Teresa <tfaIcon i@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Request for Comments - Minor Variance 2019-A-29 Building Department comments are as follows; 1. Applicant to be aware that all model homes are required to meet any applicable accessibility requirements of the Ontario Building Code(OBC). 2. Washroom facilities in accordance with occupant load of classification will be required 3. Exit lighting and emergency lighting required in accordance with OBC 4. Change of use required prior to occupancy to permit the use of a single family dwelling. 5. All applicable building and septic permits required. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 164 of 246 6.g) 6:30 p.m. Report No. DS2019-73, Derek Witlib, Manager, Planning Ser... June 5, 2019 Development Services Committee 6g) Additional correspondence received From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, June 3, 2019 10:14 AM To: Witlib, Derek <dwitlib@oro-medonte.ca> Cc: 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>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro- medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro- medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Request for Comments - Minor Variance 2019-A-29 Derek Development Engineering has the following comments / concerns: • 7 Model Homes seems excessive for a Subdivision of this size. With the number of lots to be developed, 7 Model Homes is a high % for consideration; Traffic / Parking and Pedestrian Access / Control could be an issue, considering the works being undertaken; 3 Model Homes would be a number that would reasonable to allow for marketing / sales purposes. Should you require additional information / have questions concerning these comments, please contact me at your convenience. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 165 of 246 Minor Variance 2019-A-29 (South Shore... ) Location: West Half of Lot 6, Con. 14 (Medonte), Warminster zoning: Residential One — Hold (R1 -H) Open Space Exception 271 (OS*271) Official Plan: Rural Settlement Area Existing Development: V N 0 0 z 0 0 N 0 QD CA) 0 0 0 acant o TMow^nship�of�''a C� PrauA Heringge, Exciting Future U) CD 7 Minor Variance 2019-A-29 (South Shore...) w CD Purpose: The applicant is proposing to construct 7 model homes and is seeking relief to the followin section of Zoning By-law 97-95, as amended: z 0 Section 5.35 — Temporary Construction and Sales Uses o Required: Proposed: Maximum Number of Model Homes: 1 7 Model Homes w CD CD v CD CT rn � N Township of HT1 N) CF) P,,wd Hrrirnge, Exeifing Frcrnrr v �Q W Minor Variance 2019-A-29 (South Shore... ) _, 0 z 0 0 N O W SLSPS 2 , /JCD CD owwrur suacw oatx SPuT L (D a= $ C !s G) I .� Draft Plan and Proposed Model Home Locations � Township of ��^ � #� CD PrauA Heringge, Excising Future T) U) CD 7 Minor Variance 2019-A-29 (South Shore... ) r_� CSD 4a.Wr - . IV —5 0 CT View from Demont Drive Public Notice Sign � Tou'xsffip CD of � T1 Paned Me, huge, E—iring Fat-, v U) CD 7 Minor Variance 2019-A-29 (South Shore... ) _, �. z 0 (D S (D .:cti T.T. View of future Lots 1, 2 & 3 View of future Lots 5, 61 47 & 48 CD Township of � T1 Praisd Herihrpe, Excirine Fwaire v Cf) CD 7 Minor Variance 2019-A-29 (South Shore...) w CD Recommendation: Amended approval to permit a maximum of three (3) model homes. Conditions: 0 a) That notwithstanding Section 5.35 of the Zoning By-law model homes shall otherwise comply with all other applicable provisions of the Zoning By-law, including the provisions of the o Residential One (R1)(H) with respect to the model homes on their future lots; o b) That the applicant enter into a Model Home Agreement with the Township, that the applicant o provide the Township with securities pursuant to the Agreement and that the Agreement be registered on title; w c) That the applicant apply for and obtain the appropriate Zoning Certificates, Engineered Lot o Grading approvals and Building Permits 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. v v o � � Township of CD PrauA Heringge, Exciting Future U) CD 7 Ta) Report No. DS2019-60, Todd We 'kW t�'rP e PI ner re: in... �� Report Report No. DS2019-060 Meeting Date: June 5, 2019 Roll #: 4346-010-0011- 02500 To: Development Services Committee Subject: Minor Variance Application 2018-A-14 Jimmy Furlano 12 Myrtle Ave. Proud Heritage, Exciting Future Prepared By: Todd Weatherell, Intermediate Planner Motion # R.M.S. File #: D13-55066 [Recommendation(s): Requires Action For Information Only 1. That Report No. DS2019-060 be received and adopted. 2. That Minor Variance Application 2018-A-14 by, Jimmy Furlano, specifically for permission to permit an accessory dwelling unit (apartment unit) with a shared egress within a single detached dwelling as well as permission for two parking spaces in the Shoreline Residential (SR) Zone on the lands municipally known as 12 Myrtle Ave., Township of Oro-Medonte, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table Al and Section 5.4 d) and 5.19 of Zoning By-law 97-95, the proposed accessory buildings shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory dwelling (apartment) on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. c) That the appropriate Zoning Certificate and Building and Septic System Permits be obtained only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Background: The application was heard by Development Services Committee on April 4, 2018. At that meeting the Committee decided to defer the application to allow the applicant to rectify some outstanding building issues with the Township's Building Department. Development Services Report No. DS2019-060 June 5, 2019 Page 1 of 8 Page 172 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Min... Building Department has completed an occupancy inspection on May 1, 2019. The inspection was acceptable on the dwelling unit itself and not the proposed apartment. A recommended condition is still imposed that if the application is approved the applicant will be required to obtain a: 1. Building permit for the creation of the additional suite/dwelling unit. 2. Septic permit or septic verification required designed for additional flow requirements of additional suite/dwelling unit. The subject property has a lot area of 0.56 hectares (1.38 acres) and is located on the north side of Myrtle Avenue. A location map is attached as Schedule 1 and an aerial image as Schedule 2 to this report. The property currently contains a single-family dwelling with attached garage. The applicants are proposing an accessory dwelling unit (apartment unit) to be located within the existing basement of a single detached dwelling in the Shoreline Residential (SR) Zone, which is not permitted. The accessory dwelling unit is proposed to have access through a shared foyer instead of a direct door to the outside as required. Relief is also being requested to permit two parking spaces, versus the minimum required for a dwelling and an accessory dwelling unit, which three is required. Analysis: Places to Grow, the Growth Plan for the Greater Golden Horseshoe 2019, is the provincial government's initiative to plan for growth and development in a way that supports economic prosperity, protects the environment and helps communities achieve a high quality of life. Specifically Section 2.2.6 Housing, which identifies a diverse range and mix of housing options and densities, including second units and affordable housing to meet projected needs of current and future residents. Section 2.2.9 Rural Areas and 4.2.4 are also applicable to this application. Section 4.2.4 5 provides redevelopment, subject to municipal and agency planning and regulatory requirements, if the development will be integrated with existing or proposed parks and trails, and will not constrain ongoing or planned stewardship or remediation efforts. The proposed accessory dwelling unit will not have an impact on the woodlands as it will be constructed with an existing dwelling unit. Planning Staff is of the opinion that the proposed development of the lot for an accessory apartment is consistent with the Growth Plan, as the lands subject to this application are appropriate for development as the apartment will be compatible with the rural landscape and surrounding local land uses and will not adversely affect agricultural uses or other resource-based uses. The policies of the Growth Plan for the Greater Golden Horseshoe have been reviewed and are not affected in the context of the proposed development. Development Services Report No. DS2019-060 June 5, 2019 Page 2 of 8 Page 173 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Min... The Provincial Policy Statement (PPS) provides a policy basis to guide land use planning in the Province. Section 1 of the PPS focuses on the health and resilience of Ontario Communities. Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns, and states: 1.1.1 Healthy, liveable and safe communities are sustained by: b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" Section 1.4.3 of the PPS directs municipalities to permit all forms of housing to provide an appropriate range and mix of housing types and densities — including affordable housing. Further, municipalities should permit and facilitate all forms of residential intensification and redevelopment, including second units. The PPS recognizes second units as a form of residential development that is conducive to the development of healthy, livable, and safe communities. In Rural areas, secondary units can provide homeowners with an opportunity to earn additional income to help meet the costs of home ownership, and they provide more housing options for extended families or elderly parents, or for a live-in caregiver. Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline. The primary function of the Shoreline designation is to maintain the existing character of these predominately residential areas. Permitted uses in the Shoreline designation primarily include single detached dwellings. The proposed accessory dwelling (apartment) will preserve the existing character of the area, as it will be constructed within the basement of the existing dwelling, which will not lead to the intrusion of land uses, which are incompatible with the shoreline character. The proposed apartment will also preserve the natural features of the shoreline area and the immediate shoreline as the property does not have waterfront; therefore based on the above, the requested variance conforms to the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. The general intent of Zoning By-law 97-95 is not to permit accessory dwelling units (apartments) within the shoreline residential zone, as they would provide added development pressure specifically to properties that have waterfront. Those pressures could include the potential for extra population and development along the shoreline. The extra could extend to be extra docks, boathouses, and shoreline activity Development Services Report No. DS2019-060 June 5, 2019 Page 3 of 8 Page 174 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Min... areas such as sitting areas/shore platforms. These types of added pressures could all have a negative impact on the adjacent waterbody. The subject property is not a waterfront property; therefore, the development pressures would not be the same as a waterfront property. The property in question is very similar to properties that are zoned Residential One (R1), which permits accessory dwelling units. The R1 and SR zones require the same amount of lot area and lot frontage for development, with the R1 zone permitting accessory dwelling units. The existing dwelling has two parking spaces in the garage and two spaces in the driveway with extra space between those spaces and the actual road, which can accommodate overflow of parking if required, which is adequate to accommodate the accessory dwelling unit. For the reasons outlined above, the requested variances are considered to meet the general intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The proposed variance is appropriate and desirable, as the proposed apartment will not affect any of the adjacent neighbours, as the existing dwelling will not be enlarged to accommodate the proposed apartment. An existing door is located on the west side of the building that will be used to gain access to the apartment. A septic verification will be required if approved to determine that the existing septic system is suitable to accommodate the accessory dwelling unit. Is the variance minor? The proposed variance is considered minor, as the apartment will use the existing basement level, it will not negatively affect the adjacent neighbours or the neighbourhood. The apartment will have access through a shared foyer versus a direct door to the outside. A shared entrance is permitted within a duplex building as per Zoning By-law definition, which this dwelling more or less will become if approved. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services Report No. DS2019-060 June 5, 2019 Page 4 of 8 Page 175 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re. Min... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: The application is aligned with the objectives of the Balanced Growth strategic goal by protecting our natural environment, as the lands subject to this application are outside of the lands regulated by the Conservation Authority. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Simcoe County District School Board: No objections Operations Department: No concerns. Engineering Department: No Objection Building Department: New comments, 1. Building permit will be required for creation of the additional suite/dwelling unit. 2. Septic permit or septic verification required designed for additional flow requirements of additional suite/dwelling unit. f Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Floor Plan and Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2018-A-11 be approved specifically to permit an accessory dwelling unit (apartment unit) with a shared egress with the dwelling above within a single detached dwelling in the Shoreline Residential (SR) Zone on the lands municipally known as 2 Myrtle Avenue on the basis that the application meets the four tests of the Planning Act. Development Services Report No. DS2019-060 June 5, 2019 Page 5 of 8 Page 176 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Min... Respectfully submitted: Todd Weatherell RPP, CPT Intermediate Planner SMT Approval / Comments: Schedule 1: Location Map 2018-A-14 (Furlano) t Reviewed by: I� Derek Witlib, RPP Manager, Planning Services Development Services June 5, 2019 Report No. DS2019-060 Page 6 of 8 Page 177 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re- Min... Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan r --- i i Development Services Report No. DS2019-060 June 5, 2019 Page 7 of 8 Page 178 of 246 Ta) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re. Min... Schedule 4: Floor Plan and Elevation Plan: f -rorAL BASENENr Flu8iiE93, Se^CE: t 16-0-i-09 8^9M OOT sEoow surf L/VINO SPA=IB: 762 Sr-' Development Services June 5, 2019 Report No. DS2019-060 page 8 of 8 Page 179 of 246 ��. =+we F ♦ 'msµ.. .' �...l�f_. ��*♦ ry.."g. i -l- � �., } ® Ls -j ■¢ 1a.e� 6 '— .s+l m e f -rorAL BASENENr Flu8iiE93, Se^CE: t 16-0-i-09 8^9M OOT sEoow surf L/VINO SPA=IB: 762 Sr-' Development Services June 5, 2019 Report No. DS2019-060 page 8 of 8 Page 179 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... ReportTownship of U ')W & n t, e Proud Heritage, Exciting Future Report No. To: Prepared by: DS2019-064 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # June 5, 2019 Consent Application 2018-B-28 Murray Miller 472 Line 15 South Roll #: 4346-030-012-14101 R.M.S. File #: D10-55882 Recommendation(s): It is recommended: Requires Action For Information Only 1. That Report No. DS2019-064 be received and adopted. 2. That the Development Services Committee grant provisional consent to Consent Application 2018-B-28 for the creation of one (1) new agricultural lot (hobby farm) on lands located at 472 Line 15 South, 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 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, Site Plan Approval, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; d) That the applicant pays $2,000.00 to the Township for the severed lot created as cash -in -lieu of a parkland contribution; e) That the applicant successfully apply to the municipality to amend the Zoning By-law to rezone the woodland feature on the subject lands to "Environmental Protection (EP) Zone" and to place a Holding (H) Provision on the severed lands. The required Holding (H) Provision shall not be removed from the zoning of the severed lands until such time as the appropriate Site Plan is approved by the Township, the related Site Plan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) 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, Development Services Report No. DS2019-064 June 5, 2019 Page 1 of 12 Page 180 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... 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. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Background: The subject lands have a total lot area of approximately 26.0 hectares (64.2 acres) and are located on the west side of Line 15 South. The lands abut environmental lands and wood lot to the north, Line 15 South to the east, agricultural and wood lot to the south and the rail trail to the west (refer to Schedules 1 and 2). Development Services Committee considered Consent Application 2018-B-28 at the November 7, 2018 meeting, wherein the applicant proposed the creation of a new agricultural lot (hobby farm) by way of severance. Committee received Staff Report DS2018-109 and deferred the application to provide the opportunity for the applicant to address the comments received by the Lake Simcoe Region Conservation Authority (LSRCA) and to ensure the proposal is in conformity with applicable Provincial, County and Township policies. The applicant has since had discussions and on-site meetings with LSRCA staff to assess the woodland feature on the subject lands and to establish an appropriate driveway entrance and building envelope to avoid any impact to the ecological features and functions on the property. The applicant has completed the necessary evaluation, which has been supported and accepted by the LSRCA and the County of Simcoe. It should also be noted that the size, location and configuration of the proposed lot remains unchanged. The applicants proposed severance sketch is included as Schedule 3. The lands are proposed to be severed as follows: Lands to be Severed: Frontage: I Approximately 100.0 m. (328.0 ft.) Area: Approximately 2.0 ha (4.9 ac.; Use: Future residential/hobbv farm Development Services Report No. DS2019-064 Lands to be Retained: Approximately 450.0 m. (1,476.3 ft.) Approximately 24.0 ha 59.3 ac. Continued agricultural/residential June 5, 2019 Page 2 of 12 Page 181 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Analysis: Provincial Policy Statement (2014) The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. In rural areas, the PPS does not restrict lot creation for agricultural purposes and permits limited residential development and other rural land uses. Section 1.1.5 Rural Lands In Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses consist of large agriculturally related and rural residential land uses. Therefore, the proposed hobby farm would be in keeping with the rural landscape of the area. Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and protection of natural heritage features. The PPS prohibits development and site alteration on lands adjacent to significant wetlands unless the ecological function of the adjacent lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Section 2.1.8). The applicant submitted a scoped Environmental Impact Study in support of its consent application. The Lake Simcoe Region Conservation Authority has been circulated the subject application and has advised that all previous natural heritage comments have now been addressed (refer to Schedule 8). A Place to Grow — Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow - Growth Plan for the Greater Golden Horseshoe was approved by the Lieutenant Governor and came into effect on May 16, 2019, replacing the Growth Plan for the Greater Golden Horseshoe (2017) that took effect on July 1, 2017. Section 1.2.2 of A Place to Grow (2019) states that "all decisions made on or after May 16, 2019 in respect of the exercise of any authority that affects a planning matter will conform with this Plan." This report reviews the subject Consent application with respect to applicable policies contained in A Place to Grow (2019). Section 2.2.9 Rural Areas is applicable to this application as it provides provisions that allow for development to occur outside of settlement areas in site-specific locations with approved designations. As will be discussed in later sections of this report, the Township's Official Plan does not have policies within the "Restricted Rural" designation for the creation of agricultural lots. However, the proposed use for an agricultural use (hobby farm) as the main use on the proposed severed lot would be in accordance with the "Restricted Rural" policies of the Official Plan. The subject Consent Application has been reviewed by Planning staff with respect to the Growth Plan (2019) policies. Section 2.2.9.3 of these policies state that "development outside of settlement areas may be permitted in rural lands for: Development Services Report No. DS2019-064 June 5, 2019 Page 3 of 12 Page 182 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... a) The management or use of resources; b) Resource-based recreational uses; and, c) Other rural land uses that are not appropriate in settlement areas provided they: i. Are compatible with the rural landscape and surrounding local land uses; ii. Will be sustained by rural service levels; and, iii. Will not adversely affect the protection of agricultural uses and other resource-based uses such as mineral aggregate operations." The Growth Plan (2019) policies, however, do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed Consent application. The Natural Heritage System policies of the Plan regulate, restrict or prohibits development and site alteration in or adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, 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. However, Section 4.2.2.4 states that "Provincial mapping of the Natural Heritage System for the Growth Plan does not apply until it has been implemented in the applicable upper- or single -tier official plan. Until that time, the policies in this Plan that refer to the Natural Heritage System for the Growth Plan will apply outside settlement areas to the natural heritage systems identified in official plans that were approved and in effect as of July 1, 2017." The County of Simcoe has already commenced the Municipal Comprehensive Review (MCR) process to bring its Official Plan into conformity with the Province's Growth Plan (2019). Within the Natural Heritage System, the Growth Plan (2019) provides the following policies for the consideration of new developments: • will demonstrate that there are no negative impacts on key natural heritage features or key hydrologic features or their functions; • connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible, enhanced for the movement of native plants and animals across the landscape; • the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided, where possible; • except for uses described in and governed by the policies in subsection 4.2.8 Mineral Aggregate Resources, the disturbed area, including any buildings and structures, will not exceed 25 per cent of the total developable area, and the impervious surface will not exceed 10 per cent of the total developable area; • at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation, except where specified in accordance with the policies in subsection 4.2.8 Mineral Aggregate Resources. Development Services June 5, 2019 Report No. DS2019-064 Page 4 of 12 Page 183 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... The subject lands are adjacent to a Provincially Significant Wetland (Bluffs Creek) and contain woodland features, as illustrated on Schedule 6 to this report. It should be noted that the applicant submitted a scoped Environmental Impact Study in support of its consent application. The Lake Simcoe Region Conservation Authority has been circulated the application and supporting material and have advised that all previous natural heritage comments have now been addressed (refer to Schedule 8). An Agricultural System for the Greater Golden Horseshoe has been identified by the Province. Prime agricultural areas, including specialty crop areas, will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. Section 4.2.6.8 states that "Outside of the Greenbelt Area, provincial mapping of the agricultural land base does not apply until it has been implemented in the applicable upper- or single -tier official plan. Until that time, prime agricultural areas identified in upper- and single -tier official plans that were approved and in effect as of July 1, 2017 will be considered the agricultural land base for the purpose of this Plan." As stated previously, the County of Simcoe has already commenced the Municipal Comprehensive Review (MCR) process to bring its Official Plan into conformity with the Province's Growth Plan (2019). The lands proposed to be severed are designated "Rural" in the County Official Plan and "Restricted Rural" in the Township Official Plan; therefore the subject property is not deemed to be part of the agricultural land base as identified by the Growth Plan (2019). It is Planning Staff's opinion that the Consent application conforms to the Growth Plan (2019) on the basis that the subject lands do not meet the definition of a "prime agricultural area" and no further analysis regarding the Growth Plan's (2019) agricultural system is required in support of this application. County of Simcoe Official Plan The subject lands are designated `Rural' and `Greenlands' in accordance with the County of Simcoe Official Plan. The proposed lot to be created is located partially within the Rural Designation and the Greenlands Designation (refer to Schedule 4). The County OP does not have direct policies that relate to the creation of a lot for hobby farm purposes. Section 3.7.8 of the Rural policies states "Limited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and, Development Services June 5, 2019 Report No. DS2019-064 Page 5 of 12 Page 184 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development." Section 3.8.15 of the Greenlands policies states "Outside of settlement areas, and subject to Section 3.3.15 (other than for 3.8.15 vi. which is subject to policy 4.4.1), the following uses may be permitted in the `Greenlands' designation or on adjacent lands as described in Section 3.3.15: i. Agricultural uses; ii. Agriculture -related uses; iii. On-farm diversified uses; iv. Forestry on public lands or in County forests in accordance with an approved management plan and sustainable forest practices; V. Forestry on private lands as permitted by the County's Forest Conservation Bylaw or by a local municipality's tree bylaw under the Municipal Act, 2001; vi. Mineral aggregate operations, if approved through a local Official Plan amendment; vii. Outdoor passive recreational uses; and, viii. Subject to demonstrating that the lands are not within a prime agricultural area, residential dwelling units on lots which were approved prior to the approval date of this policy (May 9, 2016)." A portion of the lands to be severed is designated 'Greenlands' (refer to Schedule 4) which incorporates an existing treed area. Section 3.3.15 Natural Heritage of the County's OP states "...development and site alteration shall not be permitted: i. In significant wetlands and significant coastal wetlands. ii. In the following unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions: significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest (ANSIs) and coastal wetlands. iii. In the following regional and local features, where a local official plan has identified such features, unless it has been demonstrated that there will be no negative impacts on the natural heritage features or their ecological functions: wetlands 2.0 hectares or larger in area determined to be locally significant by an approved Environmental Impact Statement (EIS) including but not limited to evaluated wetlands, and Regional areas of natural and scientific interest (ANSIs). iv. In fish habitat except in accordance with provincial and federal requirements. V. In habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. vi. On adjacent lands to the natural heritage features and areas listed above, unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Adjacent lands shall generally be considered to be: a. Within 120 metres of habitat of endangered species and threatened species, significant wetlands, significant coastal wetlands, wetlands 2.0 hectares or larger determined to be locally significant by an approved EIS, significant woodlands, significant wildlife habitat, Development Services June 5, 2019 Report No. DS2019-064 Page 6 of 12 Page 185 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... significant areas of natural and scientific interest — life science, significant valleylands and fish habitat; b. Within 50 metres of significant areas of natural and scientific interest — earth science; c. A reduced adjacent lands from the above may be considered based on the nature of intervening land uses. The extent of the reduced area will be determined by the approval authority in consultation with the applicant prior to the submission of a development application, and supported by an EIS, demonstrating there will be no negative impacts beyond the proposed reduced adjacent lands area." The County has been circulated the subject application and supporting material and has advised that based on the comments provided by the LSRCA, County staff will refine the Greenlands designation to exclude the proposed new lot without an amendment to the County OP. Furthermore, County staff request that a condition be imposed on the approval of the consent application that the woodlands identified on the subject lands be rezoned to an environmental protection zone to prohibit development and for the protection of the feature, in accordance with County OP policies (refer to Schedule 9). Township of Oro-Medonte Official Plan The subject lands are designated "Restricted Rural" in accordance with Schedule "A — Land Use" of the Township's Official Plan (refer to Schedule 5). The subject lands are adjacent to a "Provincially Significant Wetlands (EP -1)" in accordance with Schedule "B — Natural Features" of the Township's Official Plan (refer to Schedule 6). Section 131 of the Township's Official Plan outlines the objectives, location, permitted uses and development policies within the "Environmental Protection One" designation. This designation constitutes the adjacent wetland (Bluffs Creek). The subject development appears to be located within 120 metres (393.7 feet) of the wetland feature. In accordance with Section B2.4 of the Township's Official Plan, development of lands within the Environmental Protection One designation shall not be permitted. Furthermore, no development shall be permitted on these adjacent lands unless an Environmental Impact Study (EIS) and a Management Plan (MP) are completed in accordance with Section B5.1.1 of the Township's Official Plan and approved by Council, subject to the comments of the appropriate agencies. The EIS must demonstrate that the proposed development can occur without having a negative impact on the significant natural features and ecological functions of the area. Section C6.3.1 of the Township's Official Plan contains policies related to the use and development of land in the "Restricted Rural" designation. Specifically, Section C6.3.3 of the Official Plan states that: The creation of new lots for residential purposes shall generally not be permitted on lands in the `Restricted Rural' designation, unless the lot is for a retiring bona fide farmer in accordance with the policies of Section C1.3.2.1. This policy and its reference to "generally not be permitted" does not preclude the creation of a residential lot if the circumstances are unique and merit lot creation. Development Services June 5, 2019 Report No. DS2019-064 Page 7 of 12 Page 186 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... However, the Township's Official Plan does not prohibit agricultural severances in the "Restricted Rural" designation and Planning staff is of the opinion that hobby farm severances can be considered as agricultural severances, provided that the parcel size meets the Township's minimum lot size for a hobby farm as set out in the Township's Zoning By-law. Section C6.3 of the Official Plan does not have direct policies that relate to the creation of a lot for agricultural purposes, and thus the policies found in Section D2.2.1 (New lots by Consent) would apply and would be assessed. These criteria and Planning Staff's comments are listed below: D2.2.1 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: a) Fronts on and will be directly accessed by a public road that is maintained year round basis: Conforms: The proposed severed and retained lands would have frontage on Line 15 South, which is a public roadway maintained year round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The properties do not have access to a Provincial Highway. c) Will not cause a traffic hazard, Conforms: This application proposes to create a hobby farm. Significant traffic volume will not be generated by any agricultural or residential use if located on the proposed severed lands. 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: The application proposes to create an agricultural lot for the operation of a hobby farm (hops crop). The lands proposed to be severed would have a frontage of approximately 100 metres (328.0 feet) along Line 15 South and a lot area of approximately 2.0 hectares (4.9 acres) and is currently vacant. The lands to be retained would have frontage of approximately 450 metres (1,476.3 feet) along Line 15 South and a lot area of approximately 24 hectares (59.3 acres) and contain a single detached dwelling with several agricultural and storage buildings. The Consent application would comply with the Zoning By-law. e) Can be serviced with an appropriate water supply and means of sewage disposal, Conforms: The existing dwelling on the proposed retained lot is currently being serviced by private individual on-site services (well and septic system). The applicant will be Development Services Report No. DS2019-064 June 5, 2019 Page 8 of 12 Page 187 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... required at the time of submission of building permit to meet all requirements for septic system installation and private water supply for the severed lands. f) Will not have a negative impact on the drainage patterns in the area; Conforms: The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands are designated "Restricted Rural" and are thus not designated for development beyond the level of their current use, which is for single detached residential and agricultural purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: The lands subject to the severance do not contain any environmental features. However the lands are adjacent to a Provincially Significant Wetland (PSW) in accordance with Schedule "B — Natural Features" of the Township's Official Plan. The proposed lot is outside of the PSW, however, is located within 120 metres (393.7 feet) of the PSW. The Provincial Policy Statement and the Growth Plan (2019) do not permit any development, including the creation of a new lot, within a key natural heritage feature and within a related vegetation protection zone (30 metres). The applicant's development proposal along with the submitted Environmental Impact Study was circulated to the LSRCA for review. LSRCA staff is satisfied that the woodland feature located on the applicant's land holdings does not meet the definition of significant woodland, that no removal of the woodland is required to accommodate the proposed development and that all previous natural heritage comments have been addressed. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: Any future development would require appropriate approvals for a well, which would ensure it would not negatively impact the quality and quantity of groundwater. The proposed creation of a new agricultural lot by way of severance for a hobby farm is generally in keeping with the intent of the policies stated in the Official Plan. For the purpose of this application, it is noted that the creation of new lots by way of severance is permitted within the Restricted Rural designation, where the tests of severance listed in Section D2.2.1 of the Official Plan are met. Based on these factors and from the comments provided by the LSRCA and from the County of Simcoe, the application to create a new agricultural lot through severance maintains the general intent of the Official Plan. On this basis, the policies of Section D2.2.1 have been satisfied. Development Services June 5, 2019 Report No. DS2019-064 Page 9 of 12 Page 188 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned "Agricultural/Rural (A/RU)" in accordance with the Township's Zoning By-law 97-95, as amended (refer to Schedule 7). Table B4 -B of the Township's Zoning By-law requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. Table B4A also requires a minimum of 2.0 hectares for a hobby farm or agricultural uses. The applicant is proposing a lot size of 2.0 hectare (4.9 acres). The severed and retained parcels would have frontages and lot areas that meet the requirements of the Zoning By-law and are well suited for their respective residential and agricultural uses. The applicants' environmental consultant and LSRCA staff conducted an onsite meeting for the purpose of mapping the limits of the woodland, a proposed driveway location and a proposed building envelope on the severed lands. To ensure the woodlands identified at the northeastern portion of the proposed lot is protected from development, it is recommended that this portion of the property be rezoned to "Environmental Protection (EP)". Furthermore, Planning Staff recommend that a Holding (H) Provision be affixed to the severed lands and be subject to Site Plan Approval to ensure the applicant implements mitigation measures designed to minimize impacts on the natural heritage features through development of the severed lot, as recommended by the environmental consultant and the LSRCA, specifically by locating the driveway and building envelope outside of the woodland. The "H" will not be removed from the zoning of the lands and a building permit issued for the proposed building(s) until such time as Site Plan Approval is in place (plans approved, security provided and agreement registered). 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 the consent application meets 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 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 • A Place to Grow - Growth Plan for the Greater Golden Horseshoe, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services Report No. DS2019-064 June 5, 2019 Page 10 of 12 Page 189 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Corporate Strategic Goals: The Township's following Strategic Goal is relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Fc -o sultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Operations Division: no objections. • Development Engineering: No objection. An Engineered Lot Grading Plan may be required as part of the Building Permit process. • Building Division: no comments. • Lake Simcoe Region Conservation Authority: staff are satisfied that all previous natural heritage comments have been addressed and there are no further comments or concerns. • County of Simcoe: staff can proceed with refining the Greenlands designation to exclude the proposed new lot and the designation abutting the linkage area (Rural) shall apply. There is not a formal notice that is prepared for a Greenlands refinement, but with confirmation from the LSRCA, the consent can proceed without an amendment to the County's Official Plan. As a condition of consent, County staff request that in accordance with sections 3.3.15 and 3.3.16 of the County's Official Plan, the woodlands identified at the northeastern portion of the proposed lot, which is identified in Hutchinson Environmental's letter (March 25, 2019), be rezoned to an environmental protection zone to prohibit development. LA7ftachments. Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Severance Sketch Schedule 4: County of Simcoe — Land Use Schedule 5: Township Official Plan - Land Use Schedule 6: Township Official Plan - Natural Features Schedule 7: Existing Zoning Schedule 8: Lake Simcoe Region Conservation Authority Comments Schedule 9: County of Simcoe Comments Development Services Report No. DS2019-064 June 5, 2019 Page 11 of 12 Page 190 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Conclusion: Planning Staff recommends that Consent Application 2018-13-28 be approved subject to the identified conditions on the basis that the application is consistent with the Growth Plan (2019), Provincial Policy Statement, and conforms to the County of Simcoe's Official Plan and Township of Oro-Medonte's Official Plan and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP Senior Planner SMT Approval / Comments: El Ali Development Services Report No. DS2019-064 Reviewed by: Derek Witlib, RPP Manager, Planning Services June 5, 2019 Page 12 of 12 Page 191 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... 161 i466 I 252 X* is 3% Sf 47 -- zz 507 539 526 1543 2:32 313 304 tfi 638 350 Schedule 1 Ilk Location q Ile, ® Subject Lands /� lJ/ :'(^/ lme Proud HeritaExci ge, xctiufi Future 0 200 400 m File Number: 2018-B-28 N I I I I I I I I I IJ Page 192 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 2 Aerial Photo Subject Lands File Number: 2018-13-28 � Tvu�:� fo f (vl[ Proud Heritage, Exciting Future A N 0 200 m I_i i i i J Page 193 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... 0 Schedule 3 Applicant's Severance Sketch File Number 2018-B-28 Proud Heritage, Exciting Future Page 194 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 4 County of Simcoe — Land Use ® Severed Lands Greenlands ��)) ,` i C�;i0���0�2tG Sub ect Lands Rural Proud Herit(tge, Exciting Futurc 0 100 200 M File Number: 2018-B-28 IN I i r r I i i I i I Page 195 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 5 Official Plan Schedule A - Land Use C.'Subject Lands Environmental Protection Two ® Severed Lands Restricted Rural Environmental Protection One File Number: 2018-B-28 ;binrrsliriP af te Proud Herita,Qe, Excitie,i Futrcrc 0 100 200 m N I r r r r I r I I I I Page 196 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re- Consent ... Schedule 6 Official Plan Schedule B - Natural Features ` ..Subject Lands \ '\ Severed Lands File Number: 2018-B-28 QEnvironmental Protection 2 Significant Woodlands y_.. Provincially Significant Wetlands (EP1) Toiv�t�l�..���i�.Gll���' Proud Heritage, Exciting Fut{uve 0 100 200 M N I i i i i I i i i s I Page 197 of 246 — alp+— I 1. a1. I.a1 I}' 1 •..' _fir xue l}4 _ VvY +VVVv vYvYv vV VYVYv YvY vYv v V v V V .�• v v Y vYvYv Yv VvYv YvY vVv vYvYv vY vYvYv VVYVVV Vv v v v v v v vYv v Yv Vv VvYvYvYvVvVY vYv v v Yv YvVvYvYVVVYVVV Vv .+Yv Y vY v YvY VYvYvYv v v v v v Y v +V VYV Vv vYv VV VvVv YvV ' Yv vYvYvY vYvYVYvYvY . � . . vVv Vv VvYv ' -YvV VYvVVVVVV VV Vv . ....+. vVv v v v+ V v Yv V V VvV vVv vYvYv . e _ vYv vYvYv vYv vYvYv v v Vv Il .YvV vY vV vY: VvV~ vV vV v V v V vY vY vVv .Vv vV vVv V` . . . . _ YvY YyV vYv vVv v v v vV vV vV vV vV -- vVv Schedule 6 Official Plan Schedule B - Natural Features ` ..Subject Lands \ '\ Severed Lands File Number: 2018-B-28 QEnvironmental Protection 2 Significant Woodlands y_.. Provincially Significant Wetlands (EP1) Toiv�t�l�..���i�.Gll���' Proud Heritage, Exciting Fut{uve 0 100 200 M N I i i i i I i i i s I Page 197 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... A!RU JLIPU A/RU do AI RU ♦'I 40 40 40 to AIRU Schedule 7 Existing Zoning 1 Subject Lands A/RU (Agricultural/Rural) EP (Environmental Protection) File Number: 2018-B-28 Pr•oud Heritrgge, Excitin.Q Futtwe N 0 200 M L i i I i J Page 198 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Lake Simcoe Region conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca April 12, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Consent Application 472 Line 15 Township of Oro-Medonte Schedule 8 www.LSRCA.on.ca File No: 2018-13-28 IMS File No.:CO-181913-101118 This letter is further to our correspondence dated October 26, 2018 and November 7, 2018. We have reviewed the submitted materials including the memorandum- response to LSRCA comments, prepared by Hutchinson Environmental, dated November 6, 2018 and Miller Environmental Impact Study Site Evaluation Update, prepared by Hutchinson Environmental, dated March 25, 2019. Based on the rationale of the submitted materials and the new proposed location of the driveway, LSRCA is satisfied that all previous natural heritage comments have been addressed and there are no further comments or concerns. 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 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario BY 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Page 199 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... LSRCA NATURAL HERITAGE REVIEW 472 Line 155, Oro-Medonte, APID: 181913 March 26, 2019 # Drawing Section Pg# LSRCA Comment (DATE, 2019) Applicant Response D. NATURAL HERITAGE REVIEW Documents Reviewed: • Memorandum — Response to LSRCA Comments, prepared by Hutchinson Environmental, dated November 6, 2018 • Miller Environmental Impact Study Site Evaluation Update, prepared by Hutchinson Environmental, dated March 25, 2019 1. Memorandum Based on the information presented in this memorandum and a subsequent site visit to delineate the woodland on Feb. 22, 2019, LSRCA is satisfied with the rationale provided that the woodland feature does not meet the definition of significant woodland. 2. EIS Update The proposed location of the driveway and building envelope is outside of the woodland. No removal of woodland is required to accommodate the proposed development. 3. All previous natural heritage comments have been addressed and there are no further comments or concerns. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. A conyofthis memo can t locaoedin s:\Planomg sod Devemnm—Saekee\nl,,,inl Services\PI—mg AR\Om edonee\1E1913472 Uno 15\NN Page 200 of 246 7.b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent ... Schedule 9 From: Dankewich, Anna <Anna.Dankewich@simcoe.ca> Sent: Monday, April 15, 2019 10:52 AM To: Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca> Cc: Shawn Filson <S.Filson@lsrca.on.ca>; Amadio, Dan <Dan.Amadio@simcoe.ca>; Kate Lillie <K.Lillie@lsrca.on.ca> Subject: Consent and Greenlands Refinement at 472 Line 15 South (Miller) Hi Andy, After speaking with Shawn, I understand that the LSRCA is satisfied from an ecology perspective with the resubmission details of this application. We can proceed with refining the Greenlands designation to exclude the proposed new lot and the designation abutting the linkage area (Rural) shall apply. There is not a formal notice that we prepare for a greenlands refinement, but with confirmation from the LSRCA, the consent can proceed without an amendment to the County's Official Plan, we will track the refinement at our office and the mapping will be adjusted through our next housekeeping amendment. As a condition of consent, we request that in accordance with sections 3.3.15 and 3.3.16 of the County's Official Plan, the woodlands identified at the northeastern portion of the proposed lot, which is identified in Hutchinson Environmental's letter (March 25, 2019), be rezoned to an environmental protection zone to prohibit development. Thanks, Anna Dankewich Planner II County of Simcoe, Planning, Development and Transit Department 1110 Highway 26, Midhurst, Ontario L9X 1 N6 Phone: 705-726-9300 Ext. 1970 Fax: 705-727-4276 Email: anna.dankewich(cbsimcoe.ca Website: www.simcoe.ca Page 201 of 246 7.c) Report No. DS2019-71, David Yauk, GIS Technician re: Planning Divis... Township of Report�� Proud Heritage, Exciting Future Report No. DS 2019-071 Meeting Date: June 5, 2019 Roll #: [14­ecomendation(s): It is recommended: To: Development Services Committee Subject: Planning Division Activity Summary (Development Applications, Planning and GIS Projects) March 2019 — May 2019 Prepared By: Dave Yauk, GIS Technician, Development Services Motion # R.M.S. File #: Requires Action For Information Only F1 1. That Report No. DS 2019-071 be received for information purposes and posted on the Township's website. Background/Analysis: The purpose of this report is to provide Council with an update on Planning and GIS Projects that are underway within the Planning Division and the current status of all development applications that are active within the Division. The report also includes statistical information regarding zoning certificates, consent and minor variance applications, and pre -consultation applications, as well as a summary of some of the GIS projects being completed by the GIS Technician. The attached summary reviews the status of Applications for: Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision, and Site Plan. In addition, the report provides the following: (1) a summary of the number of applications received and processed for: pre - consultation, minor variance, and consent in 2018 and 2019 to date; and (2) the number of zoning certificates and zoning certificate revisions received and processed in 2018 and 2019 to date. Consistently over the past several years there is a high number of minor variance applications received by Township staff; it is anticipated that with the completion of an Development Services Report No. 2019-071 June 5, 2019 Page 1 of 3 Page 202 of 246 7.c) Report No. DS2019-71, David Yauk, GIS Technician re: Planning Divis... updated Official Plan and Zoning By-law in 2019, the number of applications received will reduce. Attachment #1 contains the summary of each application and includes a location map for each application being processed within the Planning Division, in addition to a list and description of the other planning and GIS projects underway. Planning staff continue to receive new development applications for review and processing. In addition as required by Section E1.1 of the Township Official Plan (Complete Application), Planning staff receive and review applications for pre - consultations and coordinate meetings with proponents, Township Staff and other agencies in advance of formal planning application submissions. The initial Open House on the Township's Official Plan Review process was held on June 20, 2018. The dedicated website for the Official Plan and Zoning By-law Review process is live and continues to receive public comments. The Township's Consultant is current preparing a draft Vision Statement and Directions Report that will be posted this summer for public consultation/input. The GIS projects identified in the report reflect only some of the projects being completed by the GIS Technician. GIS services for the Township are a more recent addition to the services provided within the Corporation and the types of projects being completed for various Township Departments continues to expand as Township staff gain a better understanding of the resource available. Many Township Departments are now utilizing the services of the GIS Technician to assist with their projects and it is expected the number of internal projects will continue to expand. In addition, the GIS Technician ensures that the Township's Planning documents and mapping schedules for both the Official Plan and Zoning By-law are maintained and updated with amendments that are approved by the Township. As additional projects are completed, the amount of data/information that is available to the Township, such as hydrant locations, Township sign locations, streetlight locations continues to expand. LF7inan cial / Legal Implications /Risk Management. n/a LPo Planning Act Corporate Strategic Goals: Balanced Growth Enhanced Communications Development Services Report No. 2019-071 1 June 5, 2019 Page 2 of 3 Page 203 of 246 7.c) Report No. DS2019-71, David Yauk, GIS Technician re: Planning Divis... Consultations: Planning Division staff Attachments: Schedule 1- Planning Division Activity Summary (Development Application Status, Planning and GIS Projects) June 2019 �ncluion. This report is intended to provide an information update for Council and staff in regards to the current status/summary of all applications received by the Planning Division and the various planning and GIS projects underway in the Division. This report including the attachment, once received by Council, will be posted on the Township's website to provide the public with the up to date activity summary. osp4Yatukk,'-AACPT bmitted: ave GIS Technician, Development Services SMT Approval / C Development Services Report No. 2019-071 o Reviewed by: Derek Witlib, RPP Manager, Planning Services mments: C.A.O. Approval / Comments: June 5, 2019 Page 3 of 3 Page 204 of 246 Attachment #1 Planning Department Activity Summary (Development Application Status, Planning and GIS Projects) June 2019 Official Plan & Zoning By-law Amendments File Number(s) 2013-OPA-01 & 2013-ZBA-12 Legal Description East Half of Lot 17, Conc. 11 (Oro) 544 &556 Line 11 N Owner Info Consultant SCS Leasing/Shelswell Excavating & Grading Status & Comments Applications to permit Heavy Equipment Training Facility Public meeting held Mar. 12/2014 Required Action Applicant to address issues before proceeding back to Development Services Committee. 1 0 Cn N 0 co i? v G7 U) m 0 zT CD CQ 0 W v c0 CD N O rn 0 h N rn File Numbers Legal Description Ct. .' 2009-OPA-03 Part Lot 21 & 22 Conc. 5``, 2015-ZBA-07 (Fairgreen Sod Ltd.) Part Lot 21, Conc. 10 (Oro) lok Owner Info Consultant Rumball Excavating Innovative Planning Solutions — Darren Vella Consultant Status & Comments:. Application to re -designate land from Agricultural to Industrial Required Action Application at OMB but on hold for consideration during the Township's Official Plan Review process. , Status & Comments°',. Application to rezone lands to permit the sale of mulch, aggregates, seed etc. as secondary use to existing sod farm. .. ` Required Action Applicant to address public meeting issues and proceed back to Development Services. Staff to follow-up with Applicant to obtain zoning File Numbers Legal Description 2015-ZBA-07 (Fairgreen Sod Ltd.) Part Lot 21, Conc. 10 (Oro) 137 Line 9 South Owner Info Consultant 2374357 Ont. Inc. Fairty) (Lindsay Status & Comments°',. Application to rezone lands to permit the sale of mulch, aggregates, seed etc. as secondary use to existing sod farm. .. ` Required Action Applicant to address public meeting issues and proceed back to Development Services. Staff to follow-up with Applicant to obtain zoning compliance. M 0 —4- Z CnN O CD 44 L File Numbers Legal Description 2016-ZBA-01 (Related Subdivision Part Lot 4, Conc. 4 2016 -SUB -01) (Oro) Owner Info Consultant Horseshoe Valley Lands Ltd. Innovative Planning Solutions Horseshoe Valley Lands Phase 4 Status & Comments Owner has entered in Pre -servicing Agreement and has commenced earthworks. Reauired Action Township Staff to prepare and circulation to agencies updated Conditions of Draft Plan Approval. File Numbers Legal Description 2013-ZBA-09 (related Site Plan 2012- Part of Lot 29, Concession 1 South SPA -09) 1945 Penetanguishene Road Owner Info Consultant James Greaves Status & Comments j Public meeting held on August 26/2013. Reauired Action Applicant to address issues before proceeding back to Development Services Committee. Awaiting applicant to submit revised application/ drawings for SP3 — 2012 -SPA -09 proposed at 1945 Penetanguishene Road. Staff to follow up with applicant to confirm if file is to be closed. 3 clwstriut L 0 Cn N O co 0 v iz G7 W M 0 n' m iv co 0 W' v c� m N O O O h N O File Number(s) 2015-OPA-02 & 2015-ZBA-15 Legal Description Concession 8, West Part Lot 21, Concession 8, Part Lot 22, Concession 8, North Part Lot 21, Concession 8, North Part Lot 22, Concession 8, South Part Lot 22, 51 R-35062, Part 1, Concession 8, North Part Lot 22, 51 R-3247, Part 1, Concession 9, West Part Lot 22, and Concession 9, West Part Lot 23 Owner Info Consultant 1350341 Ontario Inc., 2440656 Innovative Planning Solutions — Ontario Inc., 2437339 Ontario Inc., Darren Vella 2434219 Ontario Inc. and Farova Investments Ltd. Status & Comments Applications received and deemed complete February 18, 2016, notice posted. Reports and Applications circulated. Staff coordinating peer review with the County of Simcoe OPA application. Application appealed to the OMB on July 27, 2017. Reauired Action OMB pre -hearings held on February 8, March 29, and July 30, 2018. Procedural Order issued by LPAT on June 27, 2018. Hearing completed April 10, 2019. Written closing arguments submitted by all parties to Tribunal member. Awaiting LPAT decision. rd CD O Z O 0 Cn N O co D v CL v G7 Cn m n n' CD CQ v c0 CD N O cm 0 h N rn File Numbers Legal Description ay, 2017-OPA-01, 2017-ZBA-05 (Related Pt Lot 40, Concession 1 E.P.R. Site Plan 2017 -SPA -05) 3239 Penetenguishene Rd °..,o" Owner Info Consultant Costellos Crai hurst MHBC Planning Jamie Robinson",. of — -. Status & Comments OPA, Rezoning, and Site Plan for Tim Horton's restaurant with drive-thru and expansion of mixed use commercial/residential building. Required Action OPA No. 40 approved by County on June 26, 2018, no appeals received, came into effect July 19, 2018. OPA file closed. Awaiting applicant to " proceed with Site Plan Application and complete submission. File Number(s) 2018-ZBA-02 (related Subdivision 2003 -SUB -01) Owner Info 1204600 Ontario Limited Legal Description Pt Lots 41 & 42, Conc. 1 3555 Penetanguishene Road Consultant Malone Givens Parsons Ltd. Status & Comments Revised Zoning By-law Amendment Application to rezone from the Agricultural/Rural (A/RU), Agricultural/Rural Exception 15 (A/RU*15), & Environmental Protection (EP) Zones to the Residential One Exception (R1 *##), Open Space (OS), & Environmental Protection Exception (EP*##) Zones. Required Action Public Meeting held on July 19, 2018. Agency and public comments received. Requirement to approve a zoning by-law amendment included in Draft Plan Conditions for subdivision. 5 . c= 0 CD O —4- Z v c0 CD N_ O 0 h N rn File Numbers Legal Description 2018-ZBA-14 (related Site Plan 2018- S Pt Lot 20, Conc. 6 SPA -16) 2484 Highway 11 =' ' Owner Info Consultant Michaud i �� 19 r Status & Comments Application received for Removal of Hold provision. Required Action Staff to bring forward By-law to remove holding provision once Site Plan approved. Y File Numbers Legal Descri t 2018-ZBA-16 Township Wide Owner Info Consultant Township of Oro-Medonte Status & Comments Official Plan and Zoning By-law Amendments for Short Term Rentals and associated Licensing By-law. Staff preparing draft OPA and ZBA by-laws for public consultation. Draft Licensing By-law (2019-053) discussed at May 22, 2019 Council meeting. Required Action Notice of Public Meeting to be posted once draft planning documents available for public review. Revised Licensing by-law based on input received to be brought forward to June Council meeting. L Not Applicable 0 N O co v i? v m 0 n' Z3 m iv Z3 M c� File Number(s) Legal Description 2019-ZBA-01 Township Wide Owner Info I Consultant Township of Oro-Medonte Status & Comments Council passed Interim Control By-law 2018-109 prohibiting cannabis production in Agricultural/Rural Zone while Township studies the matter. Required Action Staff is researching options and best practices pertaining zoning and regulation of cannabis production and sales, for presentation to Council. Not Applicable File Numbers Legal Description 2019-ZBA-09 ORO-MEDONTE CON 10 W PT LOT;22 RP 51 R36732 PART 1 315 Line 9 S Owner Info Consultant i Ian and Beth Johnstone Status & Comments Notice of July 19, 2019 Public Meeting has been circulated to public and agencies for comment. Required Action Staff to prepare report for consideration on July 19, 2019.�a 7 CD 0 Z 0 0 Cn N O co D CD Cn CD 0 0' CD CQ v c� CD N_ N o_ N rn Plans of Subdivision File Numbers Legal Description 43 -OM -90082 & 2011-ZBA-07 East Part of Lot 5, Conc. 13; 43 -OM -91031 (Medonte) 0 ° Owner Info Consultant ' \ 2063334 Ontario Inc. (Meadow C.C. Tatham & Associates. Ltd.jr \►;.' ' MHBC Planning Limited Acres) " \, Status & Comments 71 residential lots.#" Phase 1 Stage 2 Subdivision Agreement and Pre -servicing Agreement are, �~ \ registered. ` Required Action Required Action Awaiting developer complete Phase 1 Stage 2 Pre -servicing works. File Numbers Legal Description 43 -OM -91031 Part Lot 2 & Lot 3, Concession 9 (Oro) ' \ Owner Info Consultant Braestone Development Corporation MHBC Planning Limited Status & Comments 230 residential lots. Subdivision Agreement and M -plan registered for Phase 1 A July 2015 (51M-1070) and for Phase 1 B-1 C June 2017 (51M-1113). Agencies and Township currently reviewing the Engineering Drawings for �~ \ Phase 2 and the requirements to obtain the draft plan clearances. } Required Action Staff to Pre Agreement for Phases 2A 2B. prepare -servicing and m 0 0 D N O co OL v G7 (D 0 zT 0 a) cu c0 (n File Numbers Legal Description 43 -OM -93002 & 43 -CD -93002 Part of Lot 1 & 2, Conc. 4 (Medonte) Owner Info Consultant Horseshoe Valley Lands (Timber Rudy & Associates Ltd. Ridge Condo) Status & Comments 250 residential lots. Sept. 2014, Council granted a three year extension of draft plan approval until Sept. 2020 Required Action Applicant to fulfill conditions of draft plan approval which expire on September 27, 2020. File Numbers Legal Description 43 -OM -93022 Part of Lot 1 & 2, Conc. 7 (Oro) Owner Info Consultant 1452711 Ontario Limited (Forest Fabian Papa & Partners Inc. Heights Estates) Mitchinson Planning & Development Status & Comments 80 residential lots. Draft Plan Approval extended until September 27, 2020 Required Action Staff reviewing engineering drawings and working with applicant to address Line 6 North realignment. 0 CD 0 0 0 07 N O co D v CL v 07 CD 0 n' CD CQ v c� CD N_ o_ N rn File Numbers Legal Description 2003 -SUB -01 (Related Zoning Lots 18 — 36, Plan 91, Part of Lot 41 '++' 2018-ZBA-02) & 42, Conc. 1 (Medonte) 3555 Penetanguishene Road Owner Info Consultant 1204600 Ontario Ltd. Reinders/ Southpark & Assoc. Ltd. Status & Comments `4 183 residential lots. Public Meeting held July 19, 2018. Public and Agency comments reviewed by applicant's consultant and revised comments = ` r4 sF received by Township for additional agency review.,�+*I Required Action ' Staff Report DS2019-044 approved at April 3, 2019 Committee meeting. Draft Plan Conditions to be circulated to staff and external agencies and % Notice of Decision — Draft Plan Approval to be issued. File Numbers Legal Description 2004 -SUB -02 Part Lot 15, Conc. 9 (Medonte) Reid's Ridge (Thatcher) Owner Info I Consultant 235970 Ontario Inc. (Reid's Ridge) I Jones Consulting Group Ltd. Status & Comments 13 residential lots. Subdivision Agreement and M -plan registered April, 2015 (51 M-1047) Required Action Building permits on going with subdivision agreement. 10 CD 0 -4- z v c� CD N_ U1 O h N rn File Numbers Legal Description 2006 -SUB -01 & 2006-ZBA-01 Part Lot 4, Conc. 4 (Oro) West Part of Lot 11, Conc. 5 (Oro) ` ` Consultant Owner Info Consultant Kellwatt Ltd. & Fred Grant Square Innovative Planning Solutions Ltd. Creek Estates) ` Status & Comments 97 residential lots. Applicant considering alternate designs and servicing issues. Application on hold., Required Action Awaiting completion and implementation of Horseshoe Craighurst Corridor Master Servicing Planr Required Action File Numbers Legal Description 2006 -SUB -02 West Part of Lot 11, Conc. 5 (Oro) ` Owner Info Consultant 1802281 Ontario Ltd. (Whispering Innovative Planning Solutions 1s` Creek Estates) ` Status & Comments 14 residential lots. Subdivision registered as 51 M-1119 on July 28, 2017. Township staff inspection in September 2018 for consideration of issuance of Certificate of Final Acceptance and Assumption ,S `7✓ Required Action Staff awaiting request from developer for final acceptance and assumption and release of Subdivision securities. 11 0 CD 0 0 D N O CO v c0 CD N_ 0 h N File Numbers Legal Description t y .+• 1 j 2008 -SUB -02 Part of Lot 18 & 19, Conc. 8 (Oro) Owner Info Consultant Lake Simcoe Aeropark Inc. Status & Comments 77 industrial lots (Phases 1 & 2). Draft Plan Approval has lapsed. Required Action File Closed. File Number(s) I Legal Description 2011 -SUB -02 & 2011-ZBA-10 � Part of Lot 5, Conc. 14 Owner Info ' Consultant South Shore Isabella Estates Inc. Morgan Planning & Development (Owen Estates) Inc. Status & Comments 29 residential lots. Subdivision registered June 2016 (M-1094), Certificate of substantial completion (underground services) issued & holding provision removed Sept 2016. On going engineering inspections, as required, pending final acceptance of the subdivision works. Required Action Building permits on going in accordance with subdivision agreement. 12 0 CD 0 Z 0 0 N 0 CO 0 G Q v Cn CD 0 zT n' CD W Z3 c0 m v c0 CD N_ v 0 h N File Numbers Legal Description P'n kali x, 2011 -SUB -03 (Related Site Plan Part of Lot 1, Concession 4 (Oro)MT 2011-S PA -24) Lot 3 and Part of Lot 4, Conc 4 (Oro) ; � r 4$0 Owner Info Consultant Skyline Horseshoe Valley Inc. MHBC Planning Limited (Copeland House) Subdivision registered as Plan 51 M-1035. Engineering inspections 622; Status & Comments,~' Site plan and building permit approved for Copeland Phase One and condo registered in Jan 2017 Condo No. 421 x. ROAD r` k, Required Action Applicant to address outstanding development/servicing matters related to proposed Phase Two building and Township's follow up letter.,as �YY File Numbers Legal Description Ch stnut,Lln- 2012 -SUB -01 Horseshoe Ridge Part of North Half and South Half of (formerly Landscape Dr. Phase 3) Lot 3 and Part of Lot 4, Conc 4 (Oro) y.. s Owner Info Consultant, Horseshoe Valley Lands Ltd. Innovative Planning Solutions Status & Comments Subdivision registered as Plan 51 M-1035. Engineering inspections completed as required in accordance with the subdivision agreement towards final acceptance and assumption. Required Action Building permits processed in accordance with subdivision agreement. �YY 13 0 CD 0 0 D N O CO File Number(s) Legal Description 2012 -SUB -03 & 2012-ZBA-14 Part of Lot 24, Con. 8 (Oro) Owner Info Consultant 1160895 Ontario Limited Innovative Planning Solutions (Oro Station) Status & Comments Proposed 18 lot residential subdivision. Draft Plan approved Sept 2016 until September 2019. Zoning By-law 2016-133 in effect. Required Action Staff to prepare report in response to applicant's May 2019 request for a further 3 -year extension of draft plan approval. File Numbers Legal Description 2013 -SUB -01 & 2013-ZBA-01 East Half of Lot 5, Conc 3, Part of West half of Lot 5, Conc 3 & Part of Lot 5, Conc 4 (Oro) Owner Info Consultant 2150505 Ontario Inc. (Edgar Centre Jones Consulting Group Ltd. Development) ,'J"�� Status & Comments Proposed 106 lot residential subdivision. Draft plan approval granted by Council — August 2015. Draft Plan Extension granted by Council until February 2021. Applicant working with Township on earthworks agreement. �nx Required Action Applicant to fulfill conditions of draft approval in order to complete subdivision registration process. 14 CD 0 0 0 U) N O co 0 v i? v m 0 0 W iv Z3 Z3 c0 0 v c0 CD N m 0 h N rn File Numbers Legal Description - Pod'sr�n.* 2016 -SUB -01 (Related Zoning File Concession 4, Part of Lot 4 2016-ZBA-01)x► ches&n6t.L0 c c2 Owner Info Consultant Horseshoe Valley Lands Ltd. Rudy & Associates Horseshoe Valley Lands Phase 4 Status & Comments Proposed 25 single detached lots and 48 freehold townhouse units. Public meeting held June 1, 2016. Owner has entered in Pre -servicing Agreement and has commenced earthworks. Required Action Township Staff to prepare and circulation to agencies updated Conditions of Draft Plan Approval. �. .00 File Numbers Legal Description 2016 -SUB -02 Concession 14, Part of the West Half of Lot 6 (Medonte) Owner Info Consultant South Shore Caden Estates Inc. Morgan Planning & Development Inc. Status & Comments Proposed 50 lot residential subdivision. Draft Approved June 7, 2017 until June 2020. Pre -Servicing Agreement approved on May 1, 2019. Required Action Applicant proceeding with pre -servicing the site. 15 CD 0 —4- z 0 N 0 90 v CL v CIO m 0 zy n� m iv cQ (n v m N N O O h N File Numbers Legal Description r 2018 -SUB -02 Part of Lot 16, Concession 11y- �4 Owner Info ConsultantM1 1157391 Ontario Ltd. Mitchinson Planning, Status & Comments Proposed 10 lot residential subdivision. Draft Plan of Subdivision Application deemed complete September 10, 2018. Application materials currently'; under review by Township staff and agencies. Public meeting held November 7, 2018. Required Action° Staff preparing conditions of draft plan approval for circulation to agencies. 16 6 rp (D 0 0 O N O 44 Site Plans File Numbers Legal Description 2005 -SPA -11 Part of Lot 1, Conc. 3 High Vista Drive Owner Info Consultant Crescent Vale Corporation Counterpoint Engineering Status & Comments Heights of Horseshoe Townhouses (High Vista) Phase -2 Revised 24 townhouses. Original Site Plan agreement approved March/2012 (2012- 041. Revised plan submitted and circulated for comments Aug. 2014. Reauired Action Staff preparing site plan agreement. File Numbers Legal Description 2011 -SPA -24 Part of Lot 1, Concession 4 (Oro) \ X `;� �!'�► ey- c Owner Info Consultant Skyline Horseshoe Valley Inc.�'st,-v,a; (Copeland House / Status & Comments Phase 1- 67 Res. units, Phase 2 — 58 Res. units, and 7 com. Units. Phase Two documents have been circulated for comments.,. Required Action The applicant has to address development matters including Phase 2 Site Plan approval/ servicing. 17 CD 0 0 v m N N N o_ N File Numbers Legal Description ' 2012 -SPA -09 Part of Lots 28 & 29, Conc. 1 (Oro) related Zoning 2013-ZBA-09 1929 Penetan uishene Road #Ia�`�' 93e 2 Owner Info Consultant Green Valley Farms Inc. Jones Consulting Group Ltd. in Trust Status & Comments 10, Farm retail sales outlet. Applicant indicated plan to be revised. Commercial development, retail, drive thru, & gas bar with kiosk. Application o� v Required Action Applicant to address requirements of Lake Simcoe Protection Plan. ° Waiting for applicant's action to consolidate with 2013-ZBA-09 at 1945 Penetanguishene Road. Follow-up letter sent to Applicant. Staff to follow up,% and if application not proceeding, close file., File Numbers Legal Description 2012 -SPA -16 Part Lot 21, Conc. 8 (Oro), Highway 11 2 Owner Info Consultant„ 400 Bowling Limited; Allan Goulding Jones Consulting Group Ltd. in Trust Status & Comments Commercial development, retail, drive thru, & gas bar with kiosk. Application circulated. Comments forward to applicant for action. v Required Action Applicant to address requirements of Lake Simcoe Protection Plan. k In v c0 CD N N W 0 h N rn File Numbers Legal Description Legal Description 2014 -SPA -18 2014 -SPA- 13 3982 Highway 11 South Part of Lot 20, Conc.11 k Owner Info Consultant Owner Info Consultant���,� 933833 Ontario Limited o/c Heidi's RV Superstore Pearson Engineering Status & Comments RV Campground. Revised submission drawings received and circulated for comments. Township approval obtained of report and drawings{ Industrial work shop. Application circulated. Comments forward to applicant for action. .+ 'r7 Required Action Waiting for LSRCA Engineer to approve stormwater management report. _x Applicant to address comments from LSRCA and Township Eng. Consultant. No further action from applicant. Staff to send notice of inactive status to applicant for response., File Numbers Legal Description 2014 -SPA -18 165 Forest Plain Road (Lot 26, Plan 1720' 4 4 Owner Info Consultant 3 Amigo Holdings/ Quantum Engineering Garland Holdings .rw Status & Comments Industrial work shop. Application circulated. Comments forward to applicant for action. .+ d, Required Action _x Applicant to address comments from LSRCA and Township Eng. Consultant. No further action from applicant. Staff to send notice of inactive status to applicant for response., 19 v c0 m N N 0 h N CF) File Numbers Legal Description Legal Description 12 'oy� 2015 -SPA -03 Part of Lot 2, Conc. 1 8936 Highway 12 Owner Info Consultant Kenneth & Michelle Tudho e Status & Comments Retail store and home occupation. Application approved. Required Action Staff and applicant finalizing site plan agreement for registration. No action by applicant. Staff to send notice of inactive status to applicant for response. File Numbers Legal Description r 2015 -SPA -18 1585 Highway 11 (South Part Lot 20, Conc.3) Gji Owner Info Consultants' Gordon Lavery Rebecca Eady (Pearson Engineering Ltd. Status & Comments -' Commercial Addition at Simcoe Shed. Applicant submitted revised submission on May 8, 2019 which has been circulated to agencies for comment. Required Action Staff to coordinate agency comments and advise applicant.N 20 6 m 0 -4- Z D N O co File Number(s) I Legal Description 2016 -SPA -14 1525 Line 7 North (Part of Lot 11, Concession 8) Owner Info Consultant Try Recycling j Owner Status & Comments Application circulated for review and comments Required Action Applicant advised of additional information to be submitted to the Township for a complete application submission to allow staff to proceed with application review. File Numbers Legal Description 2017 -SPA -05 (Related 2017-OPA-01 Pt Lot 40, Concession 1 E.P.R. & 2017-ZBA-05) 3239 Penetenguishene Rd Owner Info I Consultant Costellos of Craighurst Inc. I MHBC Planning — Jamie Robinson Status & Comments OPA and Rezoning approved and in effect. Required Action Site Plan Approval application deemed incomplete. Waiting for applicant to submit make complete submission. 21 CD 0 z 0 v c0 m N N 0 h N File Number(s) 2017 -SPA -23 (Related Zoning 2016- ZBA-03) Owner Info Cahiague Farms Inc. Legal Description 4567 Line 12 North (Con 13 W Pt Lot 10 E Pt Lot 9 RP 51 R768 Part 4 Part 26 Consultant Josh Morgan Status & Comments Site Plan Agreement approved through By-law 2018-029 on March 28, 2018 and registered April 16, 2018. Building Permit issued for Change of Use to Brewery. Required Action Staff to complete inspections for site plan agreement compliance and security reduction. File Numbers Legal Description 1� 2017 -SPA -32 Pt Lot 10 and D, Conc. 2 367 Line 1 South:. Owner Info Consultant Heritage Hills Golf Club Ltd. Barry May ''*Gore=Rd. - Status & Comments Site Plan Agreement approved and signed April 3, 2018 and registered on April 16, 2018. Required Action Site Plan Agreement was registered on April 11, 2018 k . 22 m 0 Z 0 v c� m N N v o_ N rn File Numbers Legal Description , 2017 -SPA -33 (Related Zoning 2017- 3000 Line 11 North ZBA-15) 5295 Hwy 11 N. <;,;�'` h Owner Info Consultant Braestone Land Corp. Celeste Phillips Planning Inc. Status & Comments Applicant on May 19, 2019 submitted revised plan for consideration. i; f` Status & Comments Required Action Staff reviewing revised site plan proposal and will respond to applicant. Required Action, 3 d Submission received final approval. Applicant returned executed Site Plan Agreement, Staff awaiting Letter of Credit/Security to proceed with. execution and registration of Agreement. File Numbers Legal Description 2017 -SPA -34 Part of Lot 15, Concession 1 5295 Hwy 11 N. 'r Owner Info Consultant Letichever Craig Morin, Mocra Construction i; f` Status & Comments Site Plan application to permit the construction of two (2) computer server farm buildings. Required Action, 3 d Submission received final approval. Applicant returned executed Site Plan Agreement, Staff awaiting Letter of Credit/Security to proceed with. execution and registration of Agreement. r 23 v c0 m N N OD 0 h N rn File Numbers Legal Description , - 2018 -SPA -08 (Related Zoning 2017- Part Lots 1 and 2 Conc. 3 2018 -SPA -03 19 and 21 Pemberton Lane Owner Info Consultant Owner Info Consultant q-V� Morgan Planning & Development Suzanne Caudry Status & Comments 3rd submission circulated for review/approval. Applicant's request for Letter of Credit consideration received and site plan agreement to be drafted based on CAO's decision. Applicant to confirm completion of consent and provide 1 f. Status & Comments Site Plan Approval granted May 27, 2019 Required Action' Applicant to apply for building permits. File Numbers Legal Description 2018 -SPA -08 (Related Zoning 2017- Part Lots 1 and 2 Conc. 3 ZBA-14) Line 3 North Owner Info Consultant Vetta Spa Inc. Josh Morgan Morgan Planning & Development Status & Comments 3rd submission circulated for review/approval. Applicant's request for Letter of Credit consideration received and site plan agreement to be drafted based on CAO's decision. Applicant to confirm completion of consent and provide Transfer/Deed for site plan agreement. Required Action Staff to prepare draft site plan agreement once 3rd submission approved (including required SPA Securities) and transfer deed received from applicant. 24 CD 0 0 D N O CO v c0 CD N N CO 0 h N File Numbers Legal Description 61 k. Y 4 -' 2018 -SPA -10 (Related Zoning 2018- ZBA-07) Part of Lot 21 Conc. 6 172 Line 6 South Owner Info Consultant J. Kurtin Brian Goodreid Status & Comments Site Plan Approval to permit a small-scale agricultural related industrial use��� on the subject lands. Required Action Site Plan Approval application deemed incomplete. Waiting for applicant to make a complete submission. File Numbers Legal Description 2018 -SPA -12 Lot 2 Plan 1230 235 Line 11 South k` <c� Owner Info Consultant Freestar Marketing Corporation Status & Comments Repair Garage Expansion. Site Plan Drawings approved. Site Plan Agreement sent to applicant for signing September 2018. ` Required Action Awaiting applicant to submit signed agreements for execution by Township and registration. - 25 CD 0 0 D N 0 co v c� m N W O O_ N rn File Numbers Legal Description 2018 -SPA -14 2018 -SPA -13 2054 Horseshoe Valley Road W = . Owner Info Consultant BNR Craighurst Ltd. Eagles Construction Status & Comments Site Plan Approval granted April 1, 2019 and building permit issued. Building under constriction. Required Action None at this time. \- Required Action No action required at this time. . �� q � • its � �� File Numbers Legal Description 2018 -SPA -14 9110 Highway 12 k ti Owner Info Consultant Pratham Corporation,. .• 12 Status & Comments Awaiting 3rd submission for review/approval. Required Action None at this time. . �� q � • its � �� a7N v c� CD N W o_ N rn File Numbers Legal Description ' 'sem �y 2018 -SPA -15 7 Pemberton Lane Owner Info Consultantk'E+-``��'e� M. Lipson Ian Malcolm Status & Comments Property located on private road and requires site plan approval/removal of hold consideration. Application submitted in August 2018 for addition to \ �� dwelling. Application circulated for review. \ `tel Required Action None at this time. File Numbers Legal Description 2018 -SPA -16 (Related Zoning 2018- Pt Lot 20, Conc 6 ZBA-14) 2484 Highway 11 Owner Info Consultant Michaud H. Frost Status & Comments{ Application received and circulated for review comments. Applicant advised of required revisions on September 10, 2018. Required Action Staff to prepare site plan agreement and notice to remove Hold provision 27 CD 0 0 D N 0 co v 07 CD 0 v �Q (n v m N W N O N File Numbers Legal Description 2018 -SPA -17 Pt Lot 20 Conc. 7 2912 Highway 11 'IV ,x Owner Info Consultant'' 2537632 Ontario Inc. Mara Engineering Services° • Status & Comments Application for 4800 sq.m. greenhouse received end of September. Required Action` Township staff waiting on reports to be approved by LSRCA to address their January 8, 2019 correspondence. File Numbers Legal Description 2018 -SPA -18 Plan M720 Lot 8 (42 Highland Dr.) Owner Info I Consultant Mathew and Leanne Elliott ! Owner Status & Comments Completed one circulation, waiting for a revised site plan. Required Action Applicant to submit a revised site plan. W 6 rp O N C) _ O G i- G) m 0 zr Z3 n' (D 0 c' v c� CD N W W O h N CF) File Numbers Legal Description } 2018 -SPA -19 (related Official Plan Pt Lot 1 Conc. 5' and Zoning By-law Amendments Line 4 North 2018-OPA-01, 2018-ZBA-13) ` Owner Info Consultant 1911745 Ontario Limited Jones Consulting Group Inc. Status & Comments Awaiting 311 submission for review/approval. Z' -' �' eGti•��`*'', d0a1 Required Action None this time. at eJ N9 n m 0 _41z 0 0 N O_ CO v m N W o_ N rn Other Planning Applications/Certificates Type 2018 2019 (to date) Pre -Consultations 18 4 Minor Variances 54 29 Consents 35 10 Zoning Certificates 439 156 Zoning Certificate Revisions 57 19 Other Planning Projects Project Name Author Status & Comments Official Plan and Township/Planning Consultant Staff report DS2017-135 provided update on timeline Comprehensive Zoning By- for OPR work plan and project completion. Updated law Review/Update timeline being reviewed currently for project completion by end of 2019 and will be brought forward for July DS Committee meeting. Craighurst Secondary Plan Township/Planning Consultant Craighurst Secondary Plan (OPA No.27) approved by Township May 2009 and by County June 2014. Secondary Plan Policies now included in Township's Official Plan text and Land Use Schedules. Implementation of policies related to phasing plan, parking management strategy, and urban design guidelines now required. Servicing to be addressed j through the HCC Master Servicing Study. j all 6 rp (D 0 Z 0 O N O QD 44 O GL G) CD 0 n' (D cn v m N W (3l O h N GIS Projects Project Name Description Status & Comments Public Access Interactive Zoning Web based tool that allows public to look up Link available on Township website. By-law Mapping properties and view their zoning. HTML Zoning By-law Web -based version of Zoning By-law 97-95 Complete, however technical to permit linking to other pages and relevant challenges remain to permit linking documents (e.g. amending by-laws, to the interactive mapping. definitions, interactive zone mapping) Currently internal access only. Environmental Services Mobile Mobile tool for asset inspections (fire Pilot program initiated in late 2018, Inspections Tool hydrants, water valves, stormwater and expanded in 2019 to include management ponds, etc.) providing real- additional assets. time operational status of assets across departments. (e.g. Fire & Emergency Services) Asset locates and verification GIS technology to locate and record Ongoing attributes for Township assets including non -regulatory signage, road barriers, catch basins, fire hydrants, water valves etc. 31 6 rp (D 0 Z 0 O N O 7.d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance ... Township of Report te, Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-072 Development Services Catherine McLean Committee Planner Meeting Date: Subject: June 5, 2019 Minor Variance Application 2018-A-53 (O'Neill) Roll #: 1735 Ridge Road West 4346-010-007-21500 Local Planning Appeal Tribunal (LPAT) Hearing Representation Motion # R.M.S. File #: D13-56149 Recommendation(s): Requires Action =Forin_1_ormation_0_nly[J= It is recommended: 1. That Report No. DS2019-072 be received and adopted. 2. That staff proceed with Option 2 as outlined in this report in preparation for the LPAT hearing anticipated to be scheduled for July 12, 2019. Background: On February 6, 2019 Development Services approved Minor Variance 2018-A-53 by Jason & Jennifer O'Neill, specifically to permit the construction of a boathouse with an increased height and an increased footprint of the boathouse and deck combined, on lands municipally known as 1735 Ridge Road West. The subject property is located along the south side of Ridge Road West and abuts Lake Simcoe to the south. A Location Map and Aerial Imagery are included as Schedules 1 and 2 to this report. The subject property has a lot area of 2.48 hectares (6.14 acres) and contains a single detached dwelling, two detached accessory buildings and a one storey 56.67 square metre (610 square feet) boathouse. The applicants proposed to add a second storey to the existing boathouse with a new rooftop deck and requested variances to increase the height from 4.5 metres (14.7 feet) to 8.45 metres (27.72 feet) and increase the footprint of the boathouse and deck combined from 70,0 square metres (753.5 square feet) to 90.67 square metres (976.00 square feet). The site plan and elevation drawings are included as Schedules 3 and 4 to this report. The subject property is designated Rural and Shoreline in the Township's Official Plan and is zoned Agricultural/Rural (A/RU) and Shoreline Residential (SR) in the Township's Zoning By-law 97-95, as amended. Development Services Report No. DS2019-072 June 5, 2019 Page 1 of 11 Page 236 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance ... The Committee received a Planning staff report (DS2019-007) for the Minor Variance application that provided a planning analysis of the application 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 Minor Variance Application 2018-A-53. Notice of Decision was provided in accordance with the Planning Act. An appeal of the Committee's decision was received on February 26, 2019. Planning Staff forwarded the appeal to the LPAT and the LPAT has provided an Appointment for Hearing (see Schedule 5 to this report) for a hearing on the appeal of the Minor Variance application on Friday, July 12, 2019 at 10:00 a.m. for one day. In order to prepare appropriately for the LPAT hearing, direction from the Committee is required and is the purpose of this report. Analysis. Given that staff determined that the application conformed to all applicable Planning policies, it met the four tests of the Planning Act and was approved by the Committee, direction from the Committee 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 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 application. Option #1 would require the Township solicitor and Planning staff to uphold the decision of the Committee that approved the minor variance application that was also the recommendation of the staff report (DS2019-007). Planning Staff would work with the Township solicitor in order to prepare the necessary case to be presented to the Tribunal member in accordance with the Committee's decision and the Staff Report. 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. Development Services June 5, 2019 Report No. DS2019-072 Page 2 of 11 Page 237 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance ... Financial / 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 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 • 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: 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- N/A Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: LPAT Appointment for Hearing _71 Conclusion: The decision of the Committee was to approve the Minor Variance application, consistent with the staff recommendation, however the decision was appealed to the LPAT. On this basis, direction from Development Services Committee is required regarding representation to be provided by the Township at the hearing scheduled for Development Services Report No. DS2019-072 June 5, 2019 Page 3 of 11 Page 238 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance ... July 12, 2019. It is Staff's recommendation that Development Services Committee should proceed with Option 2 as outlined in this report and allow the applicant and their agent defend Committee's decision. Respectfully submitted: �!e atherine McLean Planner Reviewed by: 4'V�A erek 'Alitlib, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Report No. DS2019-072 June 5, 2019 Page 4 of 11 Page 239 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re- Minor Variance ... Schedule 1: Location Map �•' 1051 UW .r+.',.••.H.. en � ice. 1121 1211 305 '. 1441 $ a 92 1961 294 t 1812 T749 1243 ,. 1691 t35 296 125fi 7 1241 1775 1759 1869 1% 1141 — IS11 1847 iit94 1901 Schedule 1 Location 4�-Ad%6 7icltusllih of ® Subject Lands i�;te Proud Heritnge, Exiitin,Q Future 0 100 200 m File Number: 2018-A-53 N I i 1 I 1 I t L -L -LJ uevelopment services Report No. DS2019-072 June 5, 2019 Page 5 of 11 Page 240 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Schedule 2 Aerial Photo '/ounnhi�t v( Subject Lands �V-X Proud Herita- Exciting Future o 100 m Pile Number: 2018-A-53 N I t t t I Development Services June 5, 2019 Report No. DS2019-072 Page 6 of 11 Page 241 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re- Minor Variance ... Schedule 3: Site Plan r t i _ F k Schedule 3 Applicant's Site Plan 'It '11111shil)(4. File Number 2018-A-53 Proud HerWO, Exciting Ferure Development Services June 5, 2019 Report No. DS2019-072 Page 7 of 11 Page 242 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re- Minor Variance ... Schedule 4: Elevation Drawings tl G f . ill•. I , i. I � �� I Schedule 4 Applicant's Elevation Drawings (i;;;; To}n}rslrip c � it2tc . File Number 2018-A-53 IJrnwl llerirap,% Ewiriup Flame Development Services June 5, 2019 Report No. DS2019-072 Page 8 of 11 Page 243 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re- Minor Variance ... Schedule 5: LPAT Appointment for Hearing Environment and Land Tribunals Ontario Local Planning Appeal Tribunal 655 Bay Street, Suite 1500 Toronto ON MSG 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: www.etto.gov_on.ca Tribunaux de 1'environnement et de I'amenagement du territoire Ontario Tribunal d'appel de I'am6nagement local 655 rue Bay, suite 1500 Toronto ON MSG 1 E5 Telephone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: vrvrw.e1to.gov.on.ca Ontario PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Applicant: Subject: Variance from By-law No.: Property Address/Description: Municipality: Municipal File No.: OMB Case No.: OMB File No.: OMB Case Name: Vincent MacNeil Jason&Jennifer O'Neil Minor Variance 97-95 1735 Ridge Road West Township of Oro-Medonte 2018-A-53 PL190057 PL190057 MacNeil v. Oro-Medonte (Township) APPOINTMENT FOR HEARING The Local Planning Appeal Tribunal hereby appoints: at: 10:00 AM on: Friday July 12, 2019 at: Administration Office Council Chambers 148 Oro-Medonte Line 7 South, Oro Oro-Medonte, ON LOL 2X0 for the commencement of the hearing of this appeal. The Tribunal has set aside 1 day for this hearing. The timeline for processing of this appeal has commenced. All parties and participants should attend at the start of the hearing at the time and date indicated, irrespective of the number of days scheduled. Hearing dates are firm - Assessment Review Board - Board of Negotiation - Conservation Review Board - Environmental Review Tribunal - Local Planning Appeal Tribunal Niagara Escarpment Heanng Office - Office of Consolidated Hearings - Office of the Mining and Lands Commissioner Development Services June 5, 2019 Report No. DS2019-072 Page 9 of 11 Page 244 of 246 7.d) Report No. DS2019-72, Catherine McLean, Planner re: Minor Variance ... adjournments will not be granted except in the most serious circumstances, and only in accordance with the Tribunal's Rules on Adjournments. If you do not attend and are not represented at this hearing, the Tribunal may proceed in your absence and you will not be entitled to any further notice of the proceedings. In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision may request a copy from the presiding Tribunal member or, in writing, from the Tribunal. Such decision will be issued to you when available. Pour recevoir des services en frangais, veuillez communiquer avec la Division des audiences au (416) 212-6349, au moins 20 jours civils avant la date f'rxee pour l audience. We are committed to providing accessible services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible by emailing ELTO@ontario.ca. If you require documents in formats other than conventional print, or if you have specific accommodation needs, please let us know so we can make arrangements in advance. Please also identify any assistance you may require in the event of an emergency evacuation. DATED at Toronto, this 27th day of May, 2019. Mary Ann Hunwicks Registrar Development Services June 5, 2019 Report No. DS2019-072 Page 10 of 11 Page 245 of 246 7.d) Report No. DS2O19-72, Catherine McLean, Planner re: Minor Variance ... LOCAL PLANNING APPEAL TRIBUNAL RULES ON ADJOURNMENTS 17.01 Hearing Dates Fixed Hearing events will take place on the date set unless the Tribunal agrees to an adjournment. Adjournments will not be allowed that may prevent the Tribunal from completing and disposing of its proceedings within any applicable prescribed time period. 17.02 Requests for Adiournment if All Parties Consent If all of the parties agree, they may make a written request to adjourn a hearing event. The request must include the reasons, a suggested new date, and the written consents of all parties. However, the Tribunal may require that the parties attend in person or convene an electronic hearing to request an adjournment, even if all of the parties consent. The consenting parties are expected to present submissions to the Tribunal on the application of any prescribed time period to dispose of the proceeding. 17.03 Requests for Adjournment without Consent If a party objects to an adjournment request, the party requesting the adjournment must bring a motion at least 15 days before the date set for the hearing event. If the reason for an adjournment arises less than 15 days before the date set for the hearing event, the party must give notice of the request to the Tribunal and to the other parties and serve their motion materials as soon as possible. If the Tribunal refuses to consider a late request, any motion for adjournment must be made in person, at the beginning of the hearing event. 17.04 Emergencies Only The Tribunal will grant last minute adjournments only for unavoidable emergencies, such as illnesses so close to the hearing date that another representative or witness cannot be obtained. The Tribunal must be informed of these emergencies as soon as possible. 17.05 Powers of the Tribunal upon Adiournment Request The Tribunal may, (a) grant the request; (b) grant the request and fix a new date or, where appropriate, the Tribunal will schedule a prehearing or case management conference on the status of the matter; (c) grant a shorter adjournment than requested; (d) deny the request, even if all parties have consented; (e) direct that the hearing proceed as scheduled but with a different witness, or evidence on another issue; (f) grant an indefinite adjournment, if the request is made by a party and is accepted by the Tribunal as reasonable and the Tribunal finds no substantial prejudice to the other parties or to the Tribunal's schedule. In this case a party must make a request, or the Tribunal on its own initiative may direct, that the hearing be rescheduled or resumed as the case may be; (g) convert the scheduled date to a mediation or prehearing or case management conference; (h) issue a Notice of Postponement or a Notice or Resumption; or (i) make any other appropriate order. Development Services Report No. DS2019-072 April 3, 2018 June 5, 2019 Page 11 of 11 Page 246 of 246