Loading...
07 18 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 Thursday, July 18, 2019 5:30 p.m. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4-16 a) Minutes of Development Services Committee meeting held on Wednesday, June 5, 2019. 5. Public Meetings: 17-34 a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lots 21 and 22, Concession 12 (Oro), Township of Oro-Medonte, 1893 Ridge Road East, 2019-ZBA-12, (Larry Erwin) [Refer to Items 8a) and 5a) 07 19 2019 Council Agenda]. 6. Public Hearings: 35-66 a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re -Consent Applications 2019-B-11 & 2019-B-12 by Chris Staring & Helen Jackson, Part of Lot 28, Concession 4 (Oro). 67-94 b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Application 2019-A-30, Jason and Kathleen Breedon, 930 Line 10 North. 95-122 c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services re: Minor Variance Application 2019-A-31, Pratham Corporation, 9110 Highway 12. 123-153 d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance Application 2019-A-33, Kenneth & Joanne Baxter, 7 Beechwood Crescent. 154-179 e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Minor Page 1 of 455 8. Reports of Municipal Officers: 371 - 380 a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law Amendment Application 2019-ZBA-12, Larry Erwin, 1893 Ridge Road East. 381 - 385 b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Application 2019-ZBA-10, Ronald & Patricia Bolger, 79 Huronwoods Drive [Refer to Items 9a) and 5b) 07 18 2019 Council Agenda]. 386 - 393 c) DS2019-83, Andria Leigh, Director, Development Services re: Request for Extension of Draft Plan Approval, Draft Plan of Subdivision Application 2012 - SUB -03, 1160895 Ontario Ltd. (Oro Station). 394-401 d) DS2019-92, Andria Leigh, Director, Development Services re: Consent Application 2019-B-02 & Minor Variance Application 2019-A-05 (Veitch), 3362 Penetanguishene Road — Local Planning Appeal Tribunal (LPAT) Hearing Representation. 402 - 410 e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan Agreement and Condominium Exemption from Draft Plan Approval Page 2 of 455 Variance Application 2019-A-32 by Paul and Janet Dewaele, 51 Robinson Street. 180 - 205 f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance Application 2019-A-34, Susan Keslick, 59 Parkside Drive. 206 - 227 g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-36 (Serge DesRoches), 36 Moonstone Road West. 228-251 h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Application 2019-A-37, Brian & Lynda Shanahan, Not Assigned/ Roll # 4346- 020-001-01701, Conc 1 Pt Lot 44 (Medonte), Township of Oro-Medonte RP51 R10403 Part 2. 252 - 283 i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2019-A-38, Hal Gaber & Wendy Presley, 1 Goss Road. 284 - 303 j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Consent Application 2019-B-13, Jovan Markov, Con. 8, W Pt Lots 26 & 27, Plan 606 Lots 417 To 432 433 To 445 & RP 51 R37008 Part 2. 304 - 339 k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re: Consent 2019-B-14 and Minor Variance 2019-A-40, Michael & Heather Lacey, 2442 Line 2 North. 340-370 1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Application 2018-B-08 Revised, Hewitt Creek Farms Ltd., 200 Line 5 North. 7. Deputations: None. 8. Reports of Municipal Officers: 371 - 380 a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law Amendment Application 2019-ZBA-12, Larry Erwin, 1893 Ridge Road East. 381 - 385 b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Application 2019-ZBA-10, Ronald & Patricia Bolger, 79 Huronwoods Drive [Refer to Items 9a) and 5b) 07 18 2019 Council Agenda]. 386 - 393 c) DS2019-83, Andria Leigh, Director, Development Services re: Request for Extension of Draft Plan Approval, Draft Plan of Subdivision Application 2012 - SUB -03, 1160895 Ontario Ltd. (Oro Station). 394-401 d) DS2019-92, Andria Leigh, Director, Development Services re: Consent Application 2019-B-02 & Minor Variance Application 2019-A-05 (Veitch), 3362 Penetanguishene Road — Local Planning Appeal Tribunal (LPAT) Hearing Representation. 402 - 410 e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan Agreement and Condominium Exemption from Draft Plan Approval Page 2 of 455 Horseshoe Bluffs Phase 2, Concessions 3 & 4, Part of Lots 1 & 2 (Medonte) Applications 2005 -SPA -11 and 2018 -SUB -01 [Refer to Item 5c) 07 18 2019 Council Agenda]. 9. Communications: 411 - 455 a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (Bolger). 10. Next Meeting Date: Wednesday, September 4, 2019. 11. Adjournment: a) Motion to Adjourn. Page 3 of 455 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, June 5, 2019 Present: Mayor H.S. Hughes Deputy Scott Jermey Councillor Ian Veitch Councillor Scott Macpherson Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Time: 5:32 p.m. Staff Andria Leigh, Director, Development Services; Janette Teeter, Present: Supervisor, Clerk's Services/Deputy Clerk 1. Opening of Meeting: 4%1k AM Deputy Mayor Jermey assumed the Chair and called the meeting to order 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC190605-1 Moved by Veitch, Seconded by Macpherson It is recommended that the agenda for the Development Services Committee meeting of Wednesday June 5, 2019 be received and approved. Carried. Page 1 of 13 Page 4 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, May 1, 2019. Motion No. DSC190605-2 Moved by Keane, Seconded by Macpherson It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, May 1, 2019 be received and approved as printed and circulated. Carried. 5. PL ►= Page 2 of 13 Page 5 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. 6. Public Hearings: a) Report No. DS2019-61, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-22 (Campitelli) 525 Ingram Road. The following correspondence was received: Township of Oro-Medonte, Building Division dated May 13, 2019; Township of Oro-Medonte, Manager, Development Engineering dated May 10, 2019; Township of Oro-Medonte, Operations Division dated May 10, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Carl Campitelli, applicant, was present. The following provided public comments Motion No. DSC190605-3 Moved by Veitch, Seconded by Macpherson It is recommended 1. That Report No. DS2019-61, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-22 (Campitelli) 525 Ingram Road 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) on the lands municipally known as 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), the keeping of horses on the severed lands is prohibited. 5. That the applicant be advised of the Committee's decision under the Secretary - Treasurer's signature. vokh, A Carried. A digital recording of the hearing is available for review through the Township's website. Page 3 of 13 Page 6 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. b) Report No. DS2019-70, Danielle Waters, Planner re: Minor Variance Application 2019-A-23, Erick & Kimberley Brouwer, 40 Amantacha Court. The following correspondence was received: Township of Oro-Medonte, Building Division dated May 13, 2019; Township of Oro-Medonte, Manager, Development Engineering dated May 13, 2019; Township of Oro-Medonte, Operations Division dated May 13, 2019; Nottawasaga Valley Conservation Authority dated May 31, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Erick Brouwer, applicant, was present. The following provided public comments: Hubelandre Gunther provided comments that he would like to ensure that the property is presentable, i.e., 3 sheds and the shipping container will be removed. Motion No. DSC190605-4 Moved by Greenlaw, Seconded by Scot It is recommended Is 1. That Report No. DS2019-70, Daniell Minor Variance Application 2019-A-23, Erick & Kimberley Brouwer, 40 Amantacha Court 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 (garage) with an increased height to 5.5 metres (18.0 feet) and increased floor area to 120.8 square metres (1,300 square feet) 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 (garage) shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building (garage) be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, 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. That the applicants be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 4 of 13 Page 7 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. c) Report No. DS2019-63, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-24, Patricia and Thomas Harrison, 3558 Line 8 North. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 13, 2019; Township of Oro-Medonte, Operations Division dated May 13, 2019; Township of Oro-Medonte, Building Division dated May 137 2019; Nottawasaga Valley Conservation Authority dated May 31, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Shawna Harrison, on behalf of the applicant, was present. The following provided public comments Motion No. DSC190605-5 Moved by Macpherson, Seconded by Vei It is recommended � lqw. 1. That Report No. DS2019-63, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-24, Patricia and Thomas Harrison, 3558 Line 8 North be received and adopted. 2. That Minor Variance Application 2019-A-24 by Patricia and Thomas Harrison, specifically to construct an addition to an existing dwelling for the purpose of an accessory apartment use with a maximum gross floor area of 109.7 square metres (1,181.0 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 accessory apartment shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory 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; and, c) That the appropriate Zoning Certificate and Building Permit be obtained only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. Carried. A digital recording of the hearing is available for review through the Township's website. Page 5 of 13 Page 8 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. d) Report No. DS2019-62, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-25 by John Milley, 1440 Line 2 North. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 10, 2019; Township of Oro-Medonte, Operations Division dated May 10, 2019; Township of Oro-Medonte, Building Division dated May 137 2019; Nottawasaga Valley Conservation Authority dated May 31, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Adrian Mason, on behalf of the applicant, The following provided public comments Motion No. DSC190605-6 Moved by Scott, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-62, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2019-A-25 by John Milley, 1440 Line 2 North be received and adopted. 2. That Minor Variance Application 2019-A-25 by John Milley, specifically to permit a detached accessory building (garage) 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 (garage) shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building (garage) 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; and, 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. 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 13 Page 9 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. e) Report No. DS2019-67, Catherine McLean, Planner re: Minor Variance Application 2019-A-26, Bruno & Jodi Tassone, 16 Champlain Crescent. The following correspondence was received: Township of Oro-Medonte, Building Division dated May 16, 2019; Township of Oro-Medonte, Manager, Development Engineering dated May 15, 2019; Township of Oro-Medonte, Operations Division dated May 15, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Neil McAvoy, on behalf of the applicant, was The following provided public comments: Motion No. DSC190605-7 Moved by Macpherson, Seconded by Ke, It is recommended � lqw. 1. That Report No. DS2019-67, Catherine McLean, Planner re: Minor Variance Application 2019-A-26, Bruno & Jodi Tassone, 16 Champlain Crescent be received and adopted. 2. That Minor Variance Application 2019-A-26 by Bruno and 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 municipally known as 16 Champlain Crescent, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table B1, 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. 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 7 of 13 Page 10 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. f) Report No. DS2019-69, Danielle Waters, Planner re: Minor Variance Application 2019-A-27, Michael & Liz Shaughnessy, 51 Ward Avenue. The following correspondence was received: Township of Oro-Medonte, Building Division dated May 13, 2019; Township of Oro-Medonte, Manager, Development Engineering dated May 13, 2019; Township of Oro-Medonte, Operations Division dated May 13, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Michael Shaughnessy, applicant, was prE The following provided public comments Motion No. DSC190605-8 Moved by Macpherson, Seconded by Vei It is recommended � lww 1. That Report No. DS2019-69, Danielle Waters, Planner re: Minor Variance Application 2019-A-27, Michael & Liz Shaughnessy, 51 Ward Avenue 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 (if required), 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. Carried. A digital recording of the hearing is available for review through the Township's website. Page 8 of 13 Page 11 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. g) 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). The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 21, 2019; Simcoe County District School Board dated May 24, 2019; Township of Oro-Medonte, Manager, Development Engineering dated June 3, 2019 Township of Oro-Medonte, Building Division dated May 24, 2019. Andria Leigh, Director, Development Services explained the purpose and effect of the application. A PowerPoint presentation was presented. Josh Morgan, Morgan Planning and Development, on behalf of the applicant, was present. The following provided public corr Motion No. DSC190605-9 Moved by Macpherson, Seconder It is recommended 1. That 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) 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. 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 13 Page 12 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. 7. Reports of Municipal Officers: a) Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-A-14, Jimmy Furlano, 12 Myrtle Ave. Motion No. DSC190605-10 Moved by Macpherson, Seconded by Keane It is recommended K 3 C! That Report No. DS2019-60, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2018-A-14, Jimmy Furlano, 12 Myrtle Avenue be received and adopted. That Minor Variance Application 2018-A-14 by Jimmy Furlano, specifically to construct an accessory dwelling unit (apartment unit) within a single detached dwelling with a maximum gross floor area of 69.8 square metres (751.99 square feet), with a shared egress and two parking spaces within the Shoreline Residential (SR) Zone on the lands municipally known as 12 Myrtle Ave., Township of Oro- Medonte, be approved. 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 dwelling (apartment) 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; and 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. That the applicant be advised of the Committee's decision under the Secretary Treasurer's signature 1%, % % Carried. Page 10 of 13 Page 13 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. b) Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent Application 2018- 6-28, Murray Miller, 472 Line 15 South. Motion No. DSC190605-11 Moved by Scott, Seconded by Greenlaw It is recommended 1. That Report No. DS2019-64, Andy Karaiskakis, Senior Planner re: Consent Application 2018-B-28, Murray Miller, 472 Line 15 South 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, 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, h) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above -noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Carried. Page 11 of 13 Page 14 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. c) Report No. DS2019-71, David Yauk, GIS Technician re: Planning Division Activity Summary (Development Applications, Planning and GIS Projects) March 2019 - May 2019. Motion No. DSC190605-12 Moved by Keane, Seconded by Scott It is recommended that Report No. DS2019-71, David Yauk, GIS Technician re: Planning Division Activity Summary (Development Applications, Planning and GIS Projects) March 2019 - May 2019 be received for information only and posted on the Township's website. d) Carried. AlkorX Report No. DS2019-72, Catherine McLean, 2018-A-53 (O'Neill) 1735 Ridge Road West, Hearing Representation. Motion No. DSC190605-13 Moved by Scott, Seconded by G It is recommended Planner re: Minor Variance Application Local Planning Appeal Tribunal (LPAT) That 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 be received and adopted. 2. That staff proceed with Option 2 as outlined in Report No. DS2019-72 for the LPAT hearing anticipated to be scheduled for July 12, 2019. N.�, -N 8. Next Meeting Date: Thursday, July 18, 2019. in preparation Carried. Page 12 of 13 Page 15 of 455 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2019. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC190605-14 Moved by Keane, Seconded by Macpherson It is recommended that we do now adjourn at 6:55 p.m. Is Carried. Deputy Mayor Jermey, Chair Andria Leigh, Director, Development Services Page 13 of 13 Page 16 of 455 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application _ Notice of Particulars and Public Access Notice of Public Meeting for (rvr�.►rl�Proposed Amendment to the Zoning By-law of tMud'{,s, the Township of Oro-Medonte 2019-ZBA-12 (Larry Erwin) Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a "Complete" Application pursuant to the Planning Act on the 29th day of May, 2019. Take notice that the Development Services Committee of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 18, 2019 at 5:30 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to the Zoning By-law. The subject lands are located at 1893 Ridge Road East and are described as Part of Lots 21 & 22, Concession 12 (Oro). A key map illustrating the location of the subject lands and a detail map identifying the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone a portion of the applicant's lands from Agricultural/Rural (A/RU) Zone to Environmental Protection Exception 298 (EP*298) Zone to protect the key natural heritage features present on the lands. Exception 298 will exempt the property owner from Section 5.27 of By-law 97-95, which is setbacks from limits of Environmental Protection Zone. This Zoning By-law Amendment Application has been submitted in conjunction with Consent Application 2019-B- 09. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Zoning By-law Amendment. Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Secretary - Treasurer, The Corporation of the Township of Oro-Medonte to be received no later than 12:00 p.m. noon on July 18, 2019. Please ensure that you include your name and address so that you may be contacted if necessary. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Secretary -Treasurer, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Local Planning Appeal Tribunal and may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. The application is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact the Planning Division at 705-487-2171. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Page 17 of 455 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services plan ning@oro-medonte.ca Dated at the Township of Oro-Medonte this 20th day of June, 2019 Key Map Suhjed. Lands Rezoning Sketch a5 2``01 2265 2072 100 2007 235 !'C 0 i� 1966 2021 1&93 1906 252 ®From AgnculluraVRural (NRU) Zone To Environmental Protection Exception 298 (EP`298) Zone Page 18 of 455 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Municipal Planning <MunicipalPlanning@enbridge.com> Sent: Thursday, June 13, 2019 11:53 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: FW: Notice of Receipt of Complete Application and Notice of Public Meeting, 2019-ZBA-12 (Erwin) - Development Services Committee Meeting scheduled for July 18, 2019 Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning(a)Enbridge.com. Regards, Alice Golemar Municipal Planning Coordinator Long Range Distribution Planning ENBRIDGE GAS INC. TEL: 416-495-5386 500 Consumers Road, North York, Ontario M2J 1 P8 Enbridge.com Safety. Integrity. Respect. Page 19 of 455 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Monday, June 17, 2019 8:44 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca> Subject: RE: Notice of Receipt of Complete Application and Notice of Public Meeting, 2019-ZBA-12 (Erwin) - Development Services Committee Meeting scheduled for July 18, 2019 Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 20 of 455 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Lake Simcoe Region C) conservation authority Sent by E-mail: tweatherell@oro-medonte.ca July 10th, 2019 Todd Weatherell Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Weatherell: Re: Zoning Amendment Application 1893 Ridge Road East Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-ZBA-12 IMS File No.: ZO-161183-040819 Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted zoning application. We understand that the purpose and effect of this application is to rezone a portion of the applicant's lands from Agricultural/Rural (A/RU) Zone to Environmental Protection Exception 298 (EP*298) Zone to protect the key natural heritage features present on the lands. It is understood that the rezoning of the lands is fulfilling a condition of approval for a consent application for a lot boundary adjustment. The LSRCA has reviewed this application in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of lands adjacent to an unevaluated wetland. The lands to be rezoned represent the newly added portion of the property which is being acquired through a concurrent consent application for a lot line adjustment. LSRCA previously provided comments dated April 25, 2019 on the consent application with two conditions of approval: THAT the lands to be severed and added to the adjacent residential lot shall be rezoned Environmental Protection to recognize the key natural heritage features present on the lands and associated adjacent lands and ensure their protection in perpetuity. THAT the EP area be delineated by means of a living fence (i.e. cedar rail or natural plantings). 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 21 0IF459•809.465.0437 5.a) 5:30 p.m. Notice of Receipt of a Complete Applicatftr$WeetemfbFa... Page 2 of 3 Based on our review of the subject application, we confirm the proposal is generally consistent with the PPS and in conformity with the Lake Simcoe Protection Plan and Ontario Regulation 179/06 of the Conservation Authorities Act. 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 Page 22 of 455 5.a) 5:30 p.m. Notice of Recei{Alpf7a, COMPetel ism cNvbo&oftt?e... 5a) Additional correspondence received From: Gooding, Nicholas <ngooding@scdsb.on.ca> Sent: Tuesday, July 16, 2019 11:46 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Receipt of Complete Application and Notice of Public Meeting, 2019-ZBA-12 (Erwin) - Development Services Committee Meeting scheduled for July 18, 2019 Hi Teresa, SCDSB has no comments regarding this application. Thank you, Nick Nick Gooding, BES Planner, Planning & Enrolment Simcoe County District School Board 1170 Highway 26, Midhurst, Ontario, Canada L9X 1 N6 Page 23 of 455 Zoning By-law Amendment 2019-ZBA-1 2 Address: 1893 Ridge Road (Erwin) w 0 I �\�I��/A �I 0 4�- cu Agricultural/Rural (A/RU) J CD Official Plan: 1<1, I \4 Rural� .,� �a ����� A d o Existing Development: D Dwelling unit and accessory ,r o structure Subject Lands tnst. n. O v Township a Praisd Herirage, Exciring Fwaire 7 O n. CD 0 h V Zoning By-law Amendment 2019-ZBA-1 2 Aerial Photo (Erwin) cn cn w CD 0 0 0 h 0 0 0 0 0) 0 0 3 0 D Township of ��^ � 0 Pratod Heritage, Exciting Future Z 0 n. CD 0 h V Zoning By-law Amendment 2019-ZBA-1 2 (Erwin)Cn Cn W CD Development Proposal: The purpose of the proposed Zoning By-law Amendment is to rezone a portion of the subject lands from 0 Agricultural/Rural (A/RU) Zone to the Environmental Protection (EP) Zone and Agricultural/Rural Exception 298 (A/RU*298) which will protect the existing Natural Heritage features that are located on the property. ` 0 Rezoning required as a condition of Consent Application 2019-B-09. 0 3 0 D (0 _0 m _0 N M 0. 0 Township of 0 Cal PrauA Heringge, Exciting Future 7 0 n. CD 0 h V Zoning By-law Amendment 2019-ZBA-1 2 Applicant's Site Plan (Erwin) OUl � Township of PrauA Heringge, Excising Future p Cn w 0 0 0 0 h 0 0 0 0 3 0 D 0 Z 0 0 CD 0 T� V Zoning By-law Amendment 2019-ZBA-1 2 Existing Zoning m N 00 A/ RU (Erwin) A.IRU Ui Ui w Z 0 r -h 0 0 0 h N 0 0 0 r -h 0 l J 0 3 0 r -h 0 D 0 0 M � Township of � Cal PrauA Heringge, Excilin8 Future 7 0 n. 0 0 h V Zoning By-law Amendment 2019-ZBA-1 2 Proposed Zoning From AgwuhiravRuial gWRU) Zone To NriculturaltRural Exaa rr 299 (AIRU'2H) Zont From Ag culur@Wufal WR U) Zone To Byron MIAMI Pratadon (EP) Zone (Erwin) TowruHip of P,,wd Heritage, Exciting Fat,w, Cn Cn w 0 0 0 CD O h (D 0 CD O h C� O 3 CD CD D 0 O Z O 0 CD O T� V Zoning By-law Amendment 2019-ZBA-1 2 win) 9 Zoning By-law Amendment (Erwin) 2019—ZBA-1 2 cn View looking east from benefitting lands, View looking at existing shed to be added to 0 ° area to be zoned EP. benefiting lands.�� 11 Township of 0 Cal PrauA Heringge, Exciting Future 7 0 n. CD 0 h V Zoning By-law Amendment 2019-ZBA-1 2 C: ; I vv n Cn w 9 !• Z .•y I TT t \ J a� m r j 140 O t v 7 _ �-. it ! • � ' f" CD lip N Views lookin at existing shed to be added to benefiting o lands. lands behind shed will be zoned EP. Township of PrauA Herif,rge, Esriring Future 7 O art n 0 h V CD Zoning By-law Amendment 2019-ZBA-1 2 ..._._ __(Erwin) cn cn 3 0 ci, ,.' ` � '`�="fin � . • � • __ iii, �e�, _ n a... v • ,arch x -r,� ^� • • ■ Zoning By-law Amendment 2019-ZBA-1 2 (Erwin)Cn w Conclusion: This concludes staff's summary/overview of the planning context and 0 summary of Zoning By-law Amendment 2019-ZBA-12. 0 ID Comments from the applicant, public and members of the Committee/Council CD will now be received. 0 0 0) I 0 0 a) D m Ca — _P�I 0. Township of 0 Cal PrauA Heringge, Exciting Future 7 0 n. CD 0 h V 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... Township of Report � ��,. po t Proud Heritage, Exciting Future Report No. To: Development ServicesPrepared By: DS2019-081 Committee Andy Karaiskakis, Senior Planner Meeting Date: July 18, 2019 Roll #: 4346-010-008-02500 Recommendation(s): It is recommended: Subject: Consent Applications 2019-6- 11 & 2019-B-12 by Chris Staring & Helen Jackson Part of Lot 28, Concession 4 (Oro) Requires Action Motion # R.M.S. File #: D10-56820 D10-56821 For Information Only That Report No. DS2019-081 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2019-13-11 to permit a boundary adjustment of an area of approximately 0.87 hectares (2.14 acres) to be added to 88 Brambel Road subject to the following conditions: a) That the severed lands be consolidated with the abutting property to the south and that the provisions of Section 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 to the south, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary - Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number; b) 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; c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of 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 Development Services July 18, 2019 Report No. DS2019-081 Page 1 of 6 Page 35 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... 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. The Development Services Committee grant provisional consent to Application 2019-B-12 to permit a boundary adjustment of an area of approximately 0.69 hectares (1.70 acres) to be added to 100 Brambel Road subject to the following conditions: a) That the severed lands be consolidated with the abutting property to the south and that the provisions of Section 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 to the south, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary - Treasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number. b) 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; c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized). WARNING: Failing to fulfil the conditions within the above - noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. LBaclkgroun - d: The subject lands are located on the west side of Line 4 South and have a lot area of 22.3 hectares. Surrounding land uses predominantly consist of a rural non-farm dwelling and residential lots to the north and residential lots to the south (refer to Schedules 1 and 2). Development Services July 18, 2019 Report No. DS2019-081 Page 2 of 6 Page 36 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... The applicants have submitted Consent Applications 2019-B-11 and 2019-B-12 to facilitate two (2) lot additions (refer to Schedule 3), as noted below: Lands to be Severed and Added to 88 Brambel Road: Width: 60.92 m. (199.86 ft.) Depth: 179.38 m. (588.51 ft.) Area: 0.87 ha. 2.14 ac. Use: Vacant Land 2019-B-12 Lands to be Severed and Added _ to 100 Brambel Road: Width: 50.71 m. (166.37 ft.) Depth: 136.98 m. (449.40 ft.) Area: 0.69 ha. 1.70 ac. Use: Vacant Land No new lots are proposed as a result of the lot additions. f Policies, Legislation and Analysis: Provincial Policies Lands to be Retained: 441.85 m. (1,449.63 ft.) 487.28 m. (1,598.68 ft. 18.62 ha. (46.00 ac.) Vacant Land Lands to be Retained: 441.85 m. (1,449.63 ft.) 487.28 m. (1,598.68 ft.) 17.75 ha. (43.86 ac. Vacant Land The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including easements which do not result in the creation of a new lot. The policies of A Place to Grow, Growth Plan for the Greater Golden Horseshoe (2019) have been reviewed and do not affect these applications, since the proposed boundary adjustments do not represent "development" as defined by the Growth Plan. Based on the above, the proposed boundary adjustments conform to applicable Provincial policies. County of Simcoe Official Plan The subject lands are designated "Rural" and "Greenlands" in accordance with the County of Simcoe Official Plan (refer to Schedule 4). Section 3.3.5 of the County's Official Plan contains policies relating to the boundary adjustment and states that "consents for the purposes of legal and technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots." The Development Services July 18, 2019 Report No. DS2019-081 Page 3 of 6 Page 37 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... purpose of these applications are to reconfigure lot lines, would not create new lots but would increase the size of two (2) existing residential lots. The County has been circulated the subject applications and at the time of writing of this report, comments have yet to be received by Township staff and the Committee should have regard to any County comments that may be received. However, Township Planning Staff is of the opinion that the applications conform to the County of Simcoe Official Plan. Township of Oro-Medonte Official Plan The lands to be severed and merged are designated `Rural' and `Shoreline' in accordance with "Schedule A — Land Use" of the Township's Official Plan (refer to Schedule 5). The policies of the `Rural' and `Shoreline' designations do not specifically address boundary adjustments, but policy guidance with respect to boundary adjustments is found in Section D2.2.2 of the Oro-Medonte Official Plan. Section D2.2.2 states that "[a] consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created [and] the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan". The lands to be severed or retained are not currently under cultivation or suitable for cultivation and therefore the proposed boundary adjustments would not take any agricultural land out of production. Planning Staff is of the opinion that these applications, if approved, will not negatively affect the functionality or viability of the affected parcels and would be consistent in lot fabric with the abutting parcels to the east. On the basis of the preceding, it is Planning Staff's opinion that the applications conform to the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Residential Limited Service Hold (RLS(H)) Zone in the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). The lands to be enhanced are zoned Residential Limited Service Hold (RLS(H)) Zone. The lot configurations that would result from these applications, if approved, would all continue to comply with the lot area and lot frontage provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24) and is Development Services July 18, 2019 Report No. DS2019-081 Page 4 of 6 Page 38 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... satisfied that the Consent Applications meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning 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 • Oro-Medonte Official Plan • Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: The Township's following Strategic Goal is relevant to these applications: 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 is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of these applications were circulated to the public and to various review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — no objections • Building Division — no comments • Operations Division —no concern or further comments f Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Development Services Report No. DS2019-081 July 18, 2019 Page 5 of 6 Page 39 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... Schedule 3: Proposed Boundary Adjustments Schedule 4: County Official Plan — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Zoning By-law Conclusion: Based on Planning Staff's analysis of these applications, it is recommended that Consent Applications 2019-B-11 and 2019-B-12 be approved subject to the conditions outlined in the recommendations, on the basis that the applications are consistent with the Provincial Policy Statement 2014, conforms to the Growth Plan 2019, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted 4.A___,( �-- Andria Leigh, RPP Director, Development Services SMT Approval / Comments: Development Services July 18, 2019 Report No. DS2019-081 Page 6 of 6 Page 40 of 455 6.a) 5.50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re- Consent A... 1281. rnnuasKon[.RJ °iur,+�hnr..vsl.y.n� N " 1327 s 1400 r a 42 m ,ate �YflC! V' LO YOVR q@ 14Cs�a' 1413 48 1421 143# 47 1445 1264 49 52 62 24 72 44 $2 8 1 81 1t}b A.l� 55 47 �� 1453 12B 114 �<a 71 25 106 97 121 113 1547 129 Schedule 1 Locationh Townsip o� ® Subject Lands Proud Heritage, Exciting Future A 0 200 m File Number: 2019-B-11, 12 N I I I L Page 41 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... Schedule 2 Aerial Photo y � Subject Lands File Number: 2019-13-11, 12 Township of Proud Heritage, Exciting Future 0 150 m N I i i 1 Page 42 of 455 6.a) 5.50 p.m. DS2019-81. Andv Karaiskakis. Senior Planner re- Consent A... 1 4 500 } 1327 wun F 14CO � 1� # Q." 46 1405 49 1413 1421 50 142 1435 1445 49 12'44 -------- -- .. 52 --------------------- 02 32 24 72 B 44 9 47 37 25 1453 100 Abe 55 a 71 126 114 89 1547 105 97 121 113 �`• 129 Schedule 3 - Proposed Boundary Adjustments 1�,1,,;,li��f ff-4 F/7/71 -ands to be added to 100 Brambel Rd. Lands to be retained 0`p'Ag/ Wel Proud Heritn,Qe, E.rcitin{(r Futrere ® Lands to be added to 88 Brambel Rd. 0 200 m File Number: 2019-8-11, 12 N I 1 1 I 1 Page 43 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... Schedule 4 County of Simcoe — Land Use C.Subject Lands Agricultural lou n hrp of ;Settlements Greenlands V t/ lam( C Proud HeritnsTe, Exiitir{tr Future Rural o aoo m File Number: 2019-B-11, 12 N I r r r I Page 44 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... —+�n nucs� oeVa'ti tk�i� r w Schedule 5 Township Official Plan - Land Use C :Subject Lands QEnvironmental Protection Two Rural Settlement Area Rural Shoreline Agricultural File Number: 2019-B-11. 12 to Proud Heritage, Eicitin,L Future 0 400 m N I i t I Page 45 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... Schedule 6 Existing Zoning 1 Subject Lands L . i File Number: 2019-B-11. 12 RUR1 (Rural Residential One) RUR2 (Rural Residential Two) SR (Shoreline Residential) RLS (Residential Limited Service) A/RU (Agricultural/Rural) EP (Environmental Protection) PR (Private Recreational) lowttsh"'r q l mpfe Proud Heritgge, Excithk{ Future 0 150 m N I [ i I Page 46 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 10:18 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-6- 11 & 2019-13-12) Staring & Jackson Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 47 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 10:06 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-6- 11 & 2019-B-12) Staring & Jackson Teresa Development Engineering has No Objection to the above noted Applications. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 48 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 3:32 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-6- 11 & 2019-B-12) Staring & Jackson Teresa Operations has no concern nor further comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 49 of 455 6.a) 5:50 p.m. DS2019-81,Andy 'ka,coreIt�ee��i1tPA COUNTY OF -. SIMCOE fiS ftmWooft County of Simcoe Transportation and Engineering 1110 Highway 26, Midhurst, Ontario L9X 11\16 Andy Karaiskakis Secretary -Treasurer, Committee of Adjustment Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON LOL 2E0 Dear Mr. Karaiskakis, Main Line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 7984 Web: simcoe.ca TRANSPORTATION AND ENGINEERING r= July 17, 2019 *via: e-mail* RE: Consent Application No's 2019-B-11 & 2019-B-12 (Staring/Jackson) Part Lot 28, Concession 4, Township of Oro-Medonte, County of Simcoe. Thank you for circulating the above -noted applications to the County of Simcoe for review. The existing right-of-way on Ridge Road (County Road 20) adjacent to the subject property is approximately 14.0 metres wide. In accordance with Table 5.4 of the Simcoe County Official Plan, the required basic right- of-way width for County Road 20 is 30.5 metres. County staff has reviewed this requirement and feel that the full right-of-way width is necessary for future road maintenance, road improvements and stormwater flow from County Road 20. In order to meet this right-of-way requirement, the County will require a road widening of approximately 8.25 metres along County Road 20. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: 1. The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no cost, a fee simple, unencumbered interest in the following: i. A road allowance widening along the entire frontage of the subject property adjacent to County Road 20 to provide a 15.25 metre right-of-way from the centre line of County Road 20. The applicant shall submit to the satisfaction of the County's Transportation and Engineering Department a preliminary reference plan (1 copy and 1 electronic copy) which sets out the road widenings to be transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 1 copy and 1 electronic copy of the deposited reference plan. All costs associated with the land transfer, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the applicant. All legal documentation is to be negotiated, prepared and registered by the Legal Services Department of the County and to be executed where required by the Applicant. The Applicant shall submit to the Legal Services Department of the County a deposit in the amount of $1000.00 prior to the services being rendered. Invoices will be submitted on a cost recovery basis and applied against the deposit. Additional deposits may be required, and any excess over the total invoices will be refunded. Page 50 of 455 6.a) 5:50 p.m. DS2019-81, Andy Karaiskakis, Senior Planner re: Consent A... County Comments - 2 The County of Simcoe is requesting the road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. The widening of County Road 20 is required pursuant to the County's standards for construction and is consistent with proper safety standards. Prior to stamping of the deed by the Township of Oro-Medonte, the applicant shall obtain written clearance from the County for the above -noted condition. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me at the phone number below. Sincerer 1 The C4`rpor doof the,,County of Simcoe PMurphy ,43Sc. C.Tech ngineerinc technician II (705) 726-9300 ext. 1371 C. C. Julie Scruton, County of Simcoe Dan Amadio, County of Simcoe XAPLN\D - Development & Planning D\D07 to D14 Development Correspond ence\Oro-Medonte\D10 Severance & D13 Variances\2019\OM-B-19017 Lot 28 Conc 4 Jackson\T&E Comments July 17, 19.doc Page 51 of 455 Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) Location: Part of Lot 28, Concession 4 (Oro) Zoning: Agricultural/Rural (A/RU) & Residential Limited Service Hold (RLS(H)) Official Plan: Rural & Shoreline 4 ExistingCD Development: S°°�`�"°g 01 Vacant land � Township of PrauA Heringge, Exciting Fittaire P QI 0 m Cn CA) 0 (3l Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) U) N O QD D OL v in 77 a) 77 (' U) cu D o' v �MTow^nship�of� CD lam'[ —S PrauA Heritgge, Exciting Future C^ l J 0 3 I rt I Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) Cn0 Purpose: The applicants have submitted Consent Applications 2019-B-11 and 2019-B-12 to facilitate two (2) lot additions, as noted below: Cn 0 2019-B-11 T ao D v M (' 77 2019-B-12 m Lands to be Severed and Added to 88 Brambel Road: Lands to be Retained: Width: 60.92 m. (199.86 ft.) 441.85 m. (1,449.63 ft.) Depth: 1 179.38 m. (588.51 ft.) 487.28 m. (1,598.68 ft.) Area: 0.87 ha. (2.14 ac.) 18.62 ha. (46.00 ac.) Use: Vacant Land Vacant Land T ao D v M (' 77 2019-B-12 m M 77 C' M D o' v �4 CD Township of � Cal � M,wd Me, if,rge, Esuing Farm, C^ l J 0 3 M I rt I Lands to be Severed and Added to 100 Brambel Road: Lands to be Retained: Width: 50.71 m. (166.37 ft.) 441.85 m. (1,449.63 ft.) Depth: 136.98 m. (449.40 ft.) 487.28 m. (1,598.68 ft.) Area: 0.69 ha. 1.70 ac. 17.75 ha. 43.86 ac. Use: Vacant Land Vacant Land M 77 C' M D o' v �4 CD Township of � Cal � M,wd Me, if,rge, Esuing Farm, C^ l J 0 3 M I rt I m 0 v c� CD rn O h Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) County of Simcoe — Land Use C: Subject Lands Agricultural 0 Settlements Greenlands - Rural i4 Township of P,,wd Hrrirnge, Exeifing Fw-,, z Cn N O (D O D Q W W CD O 0) (^ l J O 3 W I rt I Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) Township official Plan - Land Use C.*Subject Lands Environmental Protection Two - Rural Settlement Area Rural 0 Shoreline Agricultural i4 Township of P,,wd Hrrirnge, Extifing Fw-,, P Cn 61 0 z A Cn N 0 0 D Q W W CD O (^ l J O 1 W I rt I Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) EV 1 \ PR'1 e/RU AIRU m i RLS pvsl !be, Rd. l pih�1 RLS cr RLS RLS(Hj 4G Existing ,Zoning r M = 1 Subject Lands L=� 0 RUR1 (Rural Residential One) 0 RUR2 (Rural Residential Two) SR (Shoreline Residential) RLS (Residential Limited Service; A/RU (Agricultural/Rural) EP (Environmental Protection) PR (Private Recreational) rn Cn 61 0 _i, CD N 0 00 D Q- v C' 77 w 77 C' U) (D D o' iv Tou rufiip ofi4 CD Prn,ed Hrriruge, E—ifing Frcrnre L O 3 in (D I r -- I Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) z Cn N O CO O D Cn m 0 m m 0 0 3 W m I I Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) rn Cn 61 CD MR I O CO D (' c. C ro CD : , ni ° Views looking east and west along Brambel Rd -, � � � m� Township of � CD PrauA Heringge, Excilin8 Future ^ l J 0 3 I rt I { f .-nor. :� -- 9� '►. w w. 1 v. w F:. - f I MEN Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) N I Views of lands to be severed and added to 100 Brambel Rd AW o m Township of U1 (^ PrauA Heringge, Exciting Future l J O 3 W I rt I Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) Recommendation 2019-B-11: Approve Conditions: • That the Development Services Committee rant provisional consent to Application 2019-B-11 to permit a boundary adjustment of an area of approximately 0.87 hectares (2.1 � acres) to be added to 88 Brambel Road subject to the following conditions: • That the severed lands be consolidated with the abutting property to the south and that the provisions of Section 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 abuttingarcel to the south, the subject parcel and the said abuttin parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretarreasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number; • That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- I reasurer; • That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; • That all municipal taxes be paid to the Township of Oro-Medonte; • That the Applicant transfer to The County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a road widening to ensure a right-of-way of 15.25 metres from the centreline of County Road 20 along the entire frontage of the retained lands adjacent to County Road 20 to the County; Q M Cn 0 (3l That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, rn Cn 61 0 M� U) N 0 ao D Q_ v in 77 cn Cn cu D o' 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 v the date of the the if the transaction has not been finalized). � D s CD Township of CD PrauA Heringge, Exciting Future CD r� O 3 I r-4- That t Consents 2019-B-1 1 & 2019-B-1 2 (Staring& Jackson) Recommendation 2019-B-12: Approve Conditions: • That the Development Services Committeegrant provisional consent to Application 2019-B-12 to permit a boundary adjustment of an area of approximately 0.69 hectares (1.70 acres) to be added to 100 Brambel Road subject to the following conditions: • That the severed lands be consolidated with the abutting property to the south and that the provisions of Section 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 abuttingarcel to the south, the subject parcel and the said abuttin parcel shall be consolidated and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretarreasurer indicating that the necessary steps will be taken to implement the conveyance and to consolidate the parcels to one Property Identifier Number. • That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- I reasurer; • That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; • That all municipal taxes be paid to the Township of Oro-Medonte; • That the Applicant transfer to The County of Simcoe ("County"), in fee simple, free and clear of all liens and encumbrances, a road widening to ensure a right-of-way of 15.25 metres from the centreline of County Road 20 along the entire frontage of the retained lands adjacent to County Road 20 to the County; That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; and, rn Cn 61 0 A U) N 0 ao D Q_ v in 77 in' Cn cu D o' 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 W the date of the certificate if the transaction has not been finalized). �MTow^nship� of ism ,CD PrauA Heringge, Exciting Future CD r� O 3 I r-4- That t 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-084 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # July 18, 2019 Minor Variance Application _ 2019-A-30 Roll #: Jason and Kathleen Breedon R.M.S. File #: 4346-010-004-13000 930 Line 10 North D13 56800 Recommendation(s): It is recommended: Requires Action For Information Only 1. That Report No. DS2019-084 be received and adopted. 2. That Minor Variance Application 2019-A-30 by Jason and Kathleen Breedon specifically to permit the construction of an addition and deck to a single detached dwelling with a reduced setback of 13.0 metres (42.6 feet) from the Environmental Protection (EP) Zone on lands municipally known as 930 Line 10 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.27, the construction of an addition and deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition and deck with a reduced setback from the Environmental Protection (EP) Zone 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, Lake Simcoe Region Conservation Authority Permit, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Background: The subject property has a lot area of 9.88 hectares (24.5 acres) and is currently used as a residential lot as shown on Schedules 1 and 2. The applicant is proposing to construct a 20.0 sq. m. (216 sq. ft.) deck and 46.8 sq. m. (504 sq. ft.) addition to an Development Services Report No. DS2019-084 July 18, 2019 Page 1 of 11 Page 67 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... existing single detached dwelling. The existing dwelling has an area of 150.5 sq. m. (1,620.0 sq. ft.), the agricultural building has an area of 74.3 sq. m. (800.0 sq. ft.). The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required: No building shall be located closer than 30 metres (98.4 feet) to the Environmental Protection Zone (EP) Proposed: 13.0 metres (42.6 feet) to the Environmental Protection Zone (EP) 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 and Section 2.1 — Natural Heritage are applicable to this application. Section 1.1.4 policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of this section. 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..." This application would not negatively impact the rural character of an area, and developing a lot which is permitted to have a single detached dwelling. Section 2.1, 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. Planning Staff is of the opinion that this application is consistent with this section as LSRCA has no concerns with the application. Planning Staff is of the opinion that this application is consistent with the Rural Areas 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 addition and Development Services Report No. DS2019-084 July 18, 2019 Page 2 of 11 Page 68 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... deck 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 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. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019. Countv Official Plan The property is designated Agricultural and Greenlands in the County of Simcoe's Official Plan. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter- relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). The Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed addition and deck are to be constructed within the disturbed part of the property, not within the agricultural fields. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system of the County of Simcoe" (County of Simcoe, 2016). The proposed development will not be located in the Greenlands designation of the property, In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject land is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments on this application and have no concerns with the proposed minor variance. LSRCA will require a permit. 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 is 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. DS2019-084 July 18, 2019 Page 3 of 11 Page 69 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... 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 land is designated Agriculture and Oro Moraine Core/Corridor Area in the Township's Official Plan. The proposed development is located within the Agricultural designation Pursuant to the policies of the Plan, permitted uses within the Agriculture designation is a single detached dwelling and is in keeping with the rural character of the area. The Official Plan recognizes the Oro Moraine as the most significant landform feature in the Township of Oro-Medonte. The OP establishes policies that maintains and enhances the significant natural heritage features and ecological functions of the Oro Moraine. This designation does not permit any development that requires a Planning Act application to be approved without the review of an Environmental Impact Study (EIS). Section B 1.7, provides information on when an EIS is required and when it can be waived by Council. Planning Staff recommends that Council waive the requirement for an Environmental Impact Study as per Section B 1.7, the proposed works are minor in nature, zoning permits a single detached dwelling, and is located 100 metres from the adjacent wetland. Planning Staff is satisfied that the correct environmental protection measures will be required through the LSRCA permit process. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. A single detached dwelling is permitted in the A/RU Zone. The applicant is proposing to build an addition and a deck with a reduced setback from the EP Zone. The general intent of the Zoning By-law in requiring the minimum setback of 30 metres setback from the Environmental Protection Zone is to ensure that development maintains an adequate distance from wetlands, river valleys and other environmentally sensitive areas. The applicant is seeking a reduced setback of 13.0 metres (42.6 feet). Furthermore, Planning Staff is satisfied that the proposed addition and deck will not negatively impact the significant wetland located at the rear of the property as any mitigation measures will be put in place through the LSRCA permit process. With the approval from LSRCA, Planning staff is confident that the natural features will be protected through their permit process. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Development Services July 18, 2019 Report No. DS2019-084 Page 4 of 11 Page 70 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand -out, look out of place or detract from the character of this established neighbourhood as the subject lands is a large agricultural property, far from neighbours and the residential part of the lot is mostly treed around the edge. While on site, staff noted that the proposed addition and deck will be within the established residential part of the lot, not on the agricultural fields or within the bush. The size and location of the construction will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance to allow for a reduced setback from the EP Zone is not anticipated to have an adverse impact on the neighbouring properties or negatively affect the neighbouring watercourse or significant wetland. The property is heavily vegetated on both sides of the property and LSRCA have no concerns with the proposed development. As the proposed variance is considered to conform to the general intent of the Official Plan, the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk 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 Development Services Report No. DS2019-084 July 18, 2019 Page 5 of 11 Page 71 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: _71 A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60 -metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection • Township Building Services — No comments. • Township Infrastructure and Capital Projects — Road Occupancy Permit may be required. • Lake Simcoe Region Conservation Authority — LSRCA permit required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Proposed Site Plan Schedule 4: Applicant Elevation Drawings Conclusion: J Planning Staff recommends that Minor Variance Application 2019-A-30 be approved, specifically, to permit an addition and deck with a reduced setback from the EP Zone of 13.0 metres (42.6 feet) on lands municipally known as 930 Line 10 North, 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. Development Services Report No. DS2019-084 July 18, 2019 Page 6 of 11 Page 72 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... Respectfully submitted: Danielle Waters Planner SMT Approval / Comments: Development Services Report No. DS2019-084 Reviewed by: Derek Witlib RPP Manager, Planning Services July 18, 2019 Page 7 of 11 Page 73 of 455 6.b) 6.00 p.m. DS2019-84, Danielle Waters, Planner re- Minor Variance Ap... Schedule 1: Location Map Schedule 1 Location ® Subject Lands File Number: 2019-A-30 Development Services Report No. DS2019-084 ASK 4 Townsitip q( Proud Heritage. Escitinv Future A0 N L 200 m July 18, 2019 Page 8 of 11 Page 74 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... Schedule 2: Aerial Photo Schedule 2 Aerial Photo C3Subject Lands File Number: 2019-A30 Development Services Report No. DS2019-084 •r,,,�„ �ni�, �f Oi��/��o�tte Proud Heritnge, Exeithnq Future 0 too m N I t t t I July 18, 2019 Page 9 of 11 Page 75 of 455 6.b) 6.00 p.m. DS2019-84, Danielle Waters, Planner re- Minor Variance Ap... Schedule 3: Applicant Proposed Site Plan Schedule 3 Applicant's Site Plan ,.t•� .-_ File Number 2019-A-30 Proud Heritgeee, Exrritiu.e Future Development Services Report No. DS2019-084 July 18, 2019 Page 10 of 11 Page 76 of 455 4),Tit :.. Ar Schedule 3 Applicant's Site Plan ,.t•� .-_ File Number 2019-A-30 Proud Heritgeee, Exrritiu.e Future Development Services Report No. DS2019-084 July 18, 2019 Page 10 of 11 Page 76 of 455 6.b) 6.00 p.m. DS2019-84, Danielle Waters, Planner re- Minor Variance Ap... Schedule 4: Applicant Elevation Drawings r —'Rswvs v Schedule 4 Applicant's Elevation Drawings �. u� nrclrip of �/t/+012tPi File Number 2019-A-30 Ili oud Herita,te, Vxi itmQ Future Development Services Report No. DS2019-084 L July 18, 2019 Page 11 of 11 Page 77 of 455 k 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 9:39 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-30) Breedon The Building Division has no comments at this time. Thank you. Garry McCartney Chief Building Official Township of Oro-Medonte Page 78 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Monday, June 24, 2019 3:23 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-30) Breedon Teresa Operations has no objections, nor further comment on this application. They may require an ROP if they or their contractor will using the ROW for anything. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 79 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:47 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Musso-Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-30) Breedon Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 80 of 455 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: Minor Variance Ap... Lake Simcoe Region conservation authority www. LSRCA.on.ca Sent by E-mail: akaraiskakis@oro-medonte.ca July 5, 2019 File No: 2019-A-30 IMS File No.: VA -137211-062419 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Minor Variance Application 930 Line 10 North Township of Oro-Medonte Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Minor variance application. We understand that the purpose and effect of this application is to permit the construction of an addition and deck to a single detached dwelling with a reduced setback to the Environmental Protection Zone. The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of a watercourse (Bluff's Creek) and associated flooding and erosion hazards and a Provincially Significant Wetland (Bluff's Creek Wetland). Part of the subject property is also designated Greenlands within the county of Simcoe's Official Plan. The provided materials indicate the proposed location for the addition and deck is within an area governed Ontario Regulation 179/06. Accordingly, any site alteration or development within the regulated area will be required to be designed in accordance with the LSRCA Watershed Development Guidelines and a permit from the LSRCA will be required prior to any site alteration or development. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for works within the regulated area 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 81 OIF459•800.465.0437 6.b) 6:00 p.m. DS2019-84, Danielle Waters, Planner re: MiwetMc4nagoAp... conservation authority Page 2 of 3 Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, uF�q 4opsgav Shawn Filson Development Planner For further permitting questions please contact Taylor Stevenson: Taylor Stevenson Environmental Regulations Analyst t.stevenson@lsrca.on.ca 905-895-1281, ext. 483 Page 82 of 455 Minor Variance 2019-A-30 (Breedon) Address: 930 Line 10 North Zoning• Agricultural/Rural (A/RU) and Environmental Protection (EP) Official Plan: Agriculture and Oro Moraine Core Corridor Existing Development: Subject Lands CD �I 00 Residential W Township of PrauA Heritgge, Excising Future CT O _i Minor Variance 2019-A-30 (Breedon) 0 CD The applicant is requesting relief from the following Sections of Zoning By-law 97-95, a6v amended: Section 5.27 — Setbacks from Limits of Environmental Protection Zone o Required: Proposed: cD No building shall be located closer than 30 metres 13.0 metres (42.6 feet) to the Environmental Protection (98.4 feet) to the Environmental Protection Zone (EP) Zone (EP) cn W CDCD 00 c� Township of O (3l PrauA Heringge, Exciting Future / n D Aerial m CO Cn O_ Cn M Minor Variance 2019-A-30 (Breedon) MR IR CD CD Township of V O PrauA Heritgge, Exciting Future / n D Zoning Minor Variance 2019-A-30 (Breedon) O M� n cRri N O O v cu' m y mm CO ^i lV Township of (3l � PrauA Heritgge, Exciting Future / n D Minor Variance 2019-A-30 (Breedon) 4 7F71 C) QD Applicants site plan N) 4F._J77, Im (D M (D cn cn CD (C) hL�1 L -L 1 1 00 CD Township of (P Pratod Herihgqe, Excising Future Minor Variance 2019-A-30 (Breedon) Applicants elevation drawings m CO CO 0 MR U) N 0 v ,C, ,�.I cu cn IR � Township of (3l O Pratod Heritage, Exciting Falure / n D Minor Variance 201 9_-1 41A-30.,(Breedon) Notice sign posted m CO CO 0 Cn M _, Cn N 0 0 v m c� cn i•� CD CD Township of O 0 PrauA Heringge, Excising Future / n D Minor Variance 2019-A-30 (Breedon) mi, \V -.. 1. `'^^ V' s �.. O .. Y . H1 (P y� Township of Cn PrauA Heringge, Exciting Future / n D Minor Variance 2019-A-30 (Breedon) v c0 CD Existing dwelling 0 existing agricultural building Township of Proud Herirrrge, Esciring Frrrnre 0 O z 0 N O (D O CD CD Ok) CD CD m 0 n D ,�, ,t„ y "•: it �' � ..� s`� t. ,„4 - -gin �'� �� -'� c a -� a-- •- M "5� . _ t '� n.� 'fir �.'�� .4 •, ..: _ � ..1. � e - .�` .•r a .. '- n..t.��� Lt.,... N � _`i� FY� e : 1 '�Y h a, R 1 v u Minor Variance 2019-A-30 (Breedon) o Cn IV �', �� Stakes for the addition and C) deck m c� U) m m Township of � (3l PrauA Heringge, Exciting Future / n D Minor Variance 2019-A-30 (Breedon) Recommendation: Approval o 0 1. That Report No. DS2019-084 be received and adopted. 2. That Minor Variance Application 2019-A-30 by Jason and Kathleen Breedon specifically to permit the o construction of an addition and deck to a single detached dwelling with a reduced setback of 13.0 metres ,N; (42.6 feet) from the Environmental Protection (EP) Zone on lands municipally known as 930 Line 10 North, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.27, the construction of an addition and deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition and deck with a reduced setback from the Environmental Protection (EP) Zone 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, Lake Simcoe Region Conservation Authority Permit, and Building cn 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. �4 Township of (3l O PrauA Heringge, Exciting Future / n D 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... Township of Report l n Proud Heritage, Exciting Future Report No. To: DS2019-082 Development Services Committee _ Meeting Date: Subject: July 18, 2019 Minor Variance Application 2019-A-31 Roll #: Pratham Corporation 4346-020-004-23300 9110 Highway 12 Recommendation(s): It is recommended: Prepared By: Andria Leigh, Director, Development Services Motion # R.M.S. File #: D13-56818 Requires Action For Information Only —� 1. That Report No. DS2019-082 be received and adopted. 2. That Minor Variance Application 2019-A-31 by Pratham Corporation specifically to permit the redevelopment of the subject lands for a new gas station, convenience store and drive-thru restaurant on lands known as 9110 Highway 12, Township of Oro-Medonte, be deferred to allow for the Site Plan Application/Design issues to be addressed to the satisfaction of the Township and required agencies. 3. And that the applicant be advised of the Committee's decision under the Secretary -Treasurer's signature. Background: Property Description The subject lands have a total lot area of 0.34 hectares (0.84 acres) and are located on the northwest corner of Highway 12 and Horseshoe Valley Road within the Rural Settlement Area of Prices Corners. The lands currently contain a gas station and abut commercial uses to the north, Highway 12 to the east, Horseshoe Valley Road to the south and residential uses to the west (refer to Schedules 1 and 2). Development Proposal The applicant is proposing to demolish the existing gas station and construct a new gas station with a convenience store and a drive-thru restaurant on the subject lands to facilitate Site Plan Approval Application 2018 -SPA -14 (refer to Schedules 3 to 5). In Development Services Report No. DS2019-082 July 18, 2019 Page 1 of 6 Page 95 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... order to facilitate the proposed development, the applicant is requesting the following variances from Zoning By-law No. 97-95, as amended: Table B2 — Standards for General Commercial (GC) Zone Required Proposed Minimum lot frontage 60 m. 196.8 ft. 44.05 m. 144.5 ft. Minimum lot area 3,700 sq.m. 39,827.7 s .ft. 3,070.35 sq.m. 33,050.0 s .ft. Minimum front yard setback 14.0 m. 45.9 ft. 11.6 m. 38.0 ft. Minimum front yard landscaping 6.0 m. 19.6 ft. 1.15 m. 3.7 ft. Minimum exterioray rd landscaping 6.0 m. 19.6 ft. 1.2 m. 3.9 ft. Section 5.19 - Parking Standards Required Proposed Convenience retail store 1 space/20 sq.m. GFA 169.02 sq.m. GFA = minimum 9 parking spaces 5 parking spaces Restaurant drive thru 1 space/9 sq.m. GFA 65.32 sq.m. GFA = minimum 8 parking spaces 6 parking spaces CAnalysis: 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 Settlements in the Simcoe County Official Plan. Section 3.5 of the County Official Plan contains policies relating to the Settlements designation and identify that compact development shall be promoted 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. Development Services July 18, 2019 Report No. DS2019-082 Page 2 of 6 Page 96 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four -fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? Pursuant to Schedule A to the Official Plan, the property is designated Rural Settlement Area. Permitted uses in this designation include small-scale commercial uses that serve the needs of the settlement area and the surrounding rural area. On this basis, the proposal is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "General Commercial (GC) Zone" in accordance with the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). The GC Zone permits a wide range of commercial uses, including, but not limited to, motor vehicle service station, convenience retail store and drive-thru restaurant. The owner intends to demolish the existing gas station and construct a new gas station, convenience store and drive-thru restaurant on the subject lands. It should be noted that the owner has submitted a Site Plan application (Township File No. 2018 -SPA -14) to facilitate the proposed development. The Site Plan application is currently under review by Township Staff and external agencies. A 1.8 metre high solid wood fence is proposed along the west property line along with new tree and vegetative plantings around the perimeter of the property to provide screening and mitigate any visual impacts of the proposed gas station and the drive-thru restaurant to the adjacent properties (refer to Schedule 5). As the applicant continues to work through the Site Plan Approval process, a number of small improvements have been made to the design of the site to better accommodate all forms of vehicle turning movements. Township Staff will continue to work with the applicant to make any revisions that are required and deemed by Staff to be essential. The Manager of Development Engineering has provided comments dated July 4, 2019 advising that there are considerable outstanding comments in the application review process that may have an impact on the location, features and design with regards to parking, drainage, and building location. That based on these comments it is their opinion that the Minor Variance application should be deferred until the Site Plan Design issues have been addressed to a point where no further significant design modifications to the Site Plan are anticipated. Based on these Development Services July 18, 2019 Report No. DS2019-082 Page 3 of 6 Page 97 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... comments, Planning staff support a deferral of the Minor Variance at this time to further the Site Plan design review to ensure that the requested variances do not require further modification before a decision is made by the Committee. On this basis, Planning Staff finds that the proposed variances may require further amendment based on the final site plan design before considering whether they meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff as noted above support the deferral of the minor variance at this time pending further site plan design review and amendments. These further amendments may necessitate further modifications to the current minor variance application submission before Planning Staff can further assess to determine if the variances are appropriate and desirable for the ultimate development of the lands. Is the variance minor? A determination of whether the variances are considered minor cannot be considered further until it is determined if these variances support the final site plan design approved by the Township and other agencies or whether further modifications to the current minor variance application are required before a further planning staff analysis and decision by the Committee. "inanal / 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 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended [2011-20118 Strategic Plan: J The Township's following Strategic Goals are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services July 18, 2019 Report No. DS2019-082 Page 4 of 6 Page 98 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. • Adopt an "Open -for -Business" philosophy. • Review by-laws that affect the health and viability of local businesses. • Provide leadership in providing municipal services for identified employment and residential developments. Inclusive, Healthy Community: • Develop a seniors' strategy and action plan. • Develop an active transportation plan with consideration for trail expansion, walkways, sidewalks, and the needs of cyclists. Future consideration of the requested variances, once site plan design is approved by the Township, would be a step towards facilitating the future commercial development of the lands, which would in turn provide employment and commercial services to the public. The proposed future redevelopment of the lands will result in a more walkable and age -friendly community. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Building Division — applicant to ensure that reduction in parking does not cause interference or congestion with required fire route and access to required hydrant location • Operations Division —no concern or further comments Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Site Plan Fuel Truck Turning Movement Schedule 5: Landscape Plan Schedule 6: Existing Zoning Development Services Report No. DS2019-082 July 18, 2019 Page 5of6 Page 99 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-31 be deferred to allow for the Site Plan Application/Design issues to be addressed by the applicant and their consultant to the satisfaction of the Township and the required Agencies. Respectfully submitted: Andria Leigh, RPP Director, Development Services SMT Approval / Comments: Development Services Report No. DS2019-082 1 July 18, 2019 Page 6 of 6 Page 100 of 455 6.c) 6:10 p.m. DS2019-82. Andria Leiah. Director. Development Services r... 91W 914e 7 4% } 9114 233 CI3 21 24 1 22 1942 20 0 14A law 23 MO 21 19 1924 17 19d4 1914 eyro� 9D76 t' . 1906 �OtS 19012 11 1Q r' 3 g 3 eco 7 � 10 1) as , 4r 29 6 11 96 6 13 Schedule 1 Location '1'oturtski�� uj ®Subject Lands /Uf Alecla de Proad Heritnge, Excitiur Future 0 100 m File Number: 2019-A-31 N I I I Page 101 of 455 6.c) 6.10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... Schedule 2 Aerial Photo L'3 Subject Lands Fire NUMbQF.281Q-A -31 Proud Heritage, Exciting Future 0 20 m N I i i i i I Page 102 of 455 6.c) 6,10 p.m. DS2019-82. Andria Leiah. Director. Development Services r... iSd►t A311VA 3OHS3SbOH Schedule 3 - b Site Plan Ar File Number 2019-A-31 ,v(� PPrrouudd Heritnye, I rciting Future Page 103 of 455 asn woN W m - -6l.kS'r _ al 555#�..y.AOfjk num AMrf. y� , 00 t jai U Im � V - m I{ ODGOL OVWW7 75 i $ -_f � - 1 1 L o s� N i fJ, d.L 61, 9d4fky Obw L. 1;,jCci: .. I� a � 93 N ES I C= I iSd►t A311VA 3OHS3SbOH Schedule 3 - b Site Plan Ar File Number 2019-A-31 ,v(� PPrrouudd Heritnye, I rciting Future Page 103 of 455 6.c) 6:10 p.m. DS2019-82. Andria Leiah. Director. Development Services r... 13sr 1 r::03VO DD I I iA I I �y WL AXIIVn 3FIHS:SbU 1 Schedule 4 Site Plan Fuel Truck Turning Movement File Number 2019-A-31 -` f tC Proud Heritage, I-Excitiuq Future Page 104 of 455 6.c) 6,10 p.m. DS2019-82. Andria Leiah. Director. Development Services r... Schedule 5 Landscape Plan -- File Number 2019-A-31 Prowl t teritgwe, Exi itis.q Future Page 105 of 455 6.c) 6:10 p.m. DS2019-82. Andria Leiah. Director. Development Services r... T Iasey-Rd:— t i Gr. 4 Ot `ems Rr a`�eJ v e LC , (}' n/RU*15 �O �^ R1 RX Rl Ri to Schedule 6 Existing Zoning F - R1 (Residential One)+ ntvtts{ri�� a,� , LC (Local Commercial) I 1 Subject Lands GC (General Commercial) Proud Heritage, Exciting Future L i IM L._ A/RU (Agricultural/Rural) I (Institutional) 0 100 m File Number: 2019-A-31 N I i i i i I Pane 106 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 9:49 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-31) Pratham Corp The Building Division comments are as follows; 1.Applicant to ensure that reduction in parking does not cause interference or congestion with required fire route and access to required hydrant location. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 107 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 8:04 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-31) Pratham Corp Teresa Operations has no concern nor further comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 108 of 455 6.c) 6:10 p.m. DS2019-82, Andria Leigh, Director, Development Services r... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Thursday, July 4, 2019 12:26 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Leigh, Andria <aleigh@oro-medonte.ca>; Murray, Hugh <hmurray@oro-medonte.ca>; Binns, Shawn <sbinns@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, July 18, 2019 (2019- A-31) Pratham Corp Teresa Development Engineering has the following comments regarding the above noted Site Plan Application. Site Plan design is in preliminary stages — with considerable comments outstanding - examples of which (and not deemed to be a complete list of items) include: 1. Engineering Design surrounding the Truck Turning Movements / Fire Access, etc. are still to be addressed; 2. Canopy height and location in conjunction with fuel delivery and Fire Access; 3. Stormwater Management and Drainage issues are still to be addressed; 4. Landscaping and Photometric details are still to be addressed; The above noted items may have an impact on the location, features and design with regards to parking, drainage and building location. It is Development Engineering's position that the Minor Variance Application be deferred until such time as the Site Plan Design issues are dealt with to a level where no further significant design modifications to the Site Plan are anticipated. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 109 of 455 Minor Variance 2019-A-31 (Pratham Corp.) Address: 9110 Highway 12 Zoning• General Commercial (GC) Zone Official Plan: Rural Settlement Area Existing Development: Motor Vehicle Service Station N t 0 0 m� me L'tf1LLr� Subject Lands$'s� % _- ---- O Township of PrauA Heringge, Excilin8 Future U) N O N D OL r m cam' 0 Co 0 G CD O CD VJ CD G 0 Minor Variance 2019-A-31 (Pratham Corp.) Propose: The applicant is proposing to demolish the existing gas station and construct a new gas station with a convenience store and a drive-thru 3 restaurant on the subject lands and is requesting the following variances from W Zoning By-law No. 97-95 Table 132 — Standards for General Commercial (GC) Zone Required Proposed Proposed Minimum lot frontage 60 m. (196.8 ft.) 44.05 m. (144.5 ft.) Minimum lot area 3,700 sq. m. (39,827.7 sq.ft.) 3,070.35 sq.m. (33,050.0 sq.ft.) Minimum front yard setback 14.0 m. (45.9 ft.) 11.6 m. (38.0 ft.) Minimum front yard landscaping 6.0 m. (19.6 ft.) 1.15 m. (3.7 ft.) Minimum exterior yard landscaping 6.0 m. (19.6 ft.) 1.2 m. (3.9 ft.) 60 N D D r (u (a zT 0 Section 5.19 - Parking Standards v m Required Proposed Convenience retail store 1 space/20 sq.m. GFA 169.02 sq.m. GFA = minimum 9 parking spaces 5 parking spaces Restaurant drive thru 1 space/9 sq.m. GFA 65.32 sq.m. GFA = minimum 8 parking spaces 6 parking spaces (u 0 O (u o ��� 0 Township of Cal (p Paned Hrriiage, F—iring Fnrnr, D �r-^h V , n. in 7 Minor Variance 2019-A-31 (Pratham Corp.) Proposed Site Plan ✓7 OAF' Ld Nq 011, i�✓ 0��!////.►. ■ N) HIGHWAY 12 Towtuhip of _, Minor Variance 2019-A-31 (Pratham Corp BASEMENT+ �- -- — C -STORE LD 1819.1 SQFT. (169.Q2 54M.) t BUILDING HEIGHT5.60M 13[J U FFE-2SP 50 , 1 W 5 1[3 A- 4 h�� I CD O I. Ul U1 Z' Proposed Landscape Plaw CD co COI N r CD aD zT L�J ,--I- 0 --F0 0 G Towrufiip of 3 P,,wd Hrrirnge, Extifing Fat,w, Z3 r- --U) G 0 0 Z' Proposed Landscape Plaw CD co COI N r CD aD zT L�J ,--I- 0 --F0 0 G Towrufiip of 3 P,,wd Hrrirnge, Extifing Fat,w, Z3 r- --U) G 0 Minor Variance 2019-A-31 (Pratham Corp.) �w� (u 0 O O (u (u O PrauA Heritgge, Exciting Future �r-^h V , n' cn Minor Variance 2019-A-31 Existing Zoning Li 1 Subject Lands m F7 R1 (Residential One), LC (Local Commercial) 'rys�o GC (General Commercial) t A/RU (Agricultural/Rural) I (Institutional) e R1 CA X LC Pratham Corp.) AJRU•15 AYC 0 CnN 0 co N CL r CD aD (D 0 O A CD G CD Township of 3 CID P,,wd Hrriiq�e, E-, icing Fat-, D U) CD G_ 0 (D W Minor Variance 2019-A-31 (Pratham Corp.) �'7 0-) Variance Application 2019-A-31 O i I I Township of Oro Meclonte -0 } Application for Minor Variance p (under 5-1— 45 a7 the Planning Ac7i Valance Application 2019-A-31 Location! SOUTH PART LOT 1, CONC 14 Township of Oro•Medonte - Municipal Address! 9110 Highway 12 0 Application for Minor Variance —ninq eci• Hearing Date; July 18, 2019 Andy Karaiskakia p€+ebq^a^i SarvcesY;ur—e tl/ 1.9catign: SOUTH PART LOT 1. CONC 14 muniClpal Address: 9A 1d Hiohw v 12 I—Wv M Om.M— 1 w FW -ng Date: July la. 2a 79 cD Earn at l fi� f 0 )CD ° Public Notice Sign Postinga Township o� 3 CY1 , CD Pratid Heritage, Exciting Frrralre �r-^h V , CD G n. CD in 7 0 h Cn Cn Minor Variance 2019-A-3 is ; Views lookin 1 (Prath am Corp.) A CD Township of CD Pratod Herihgqe, Exciting Future CD CD in 7 Minor Variance 2019-A-31 (Pratham Corp.) 9 iew looking north along Highway 12 View looking west — approximate location proposed drive-thru I N O N 10-1 M� cu 0 O m m Township tl�-+'�" Chi PrauA Heringge, Excising Future � �r-^h V , n. cn Minor Variance 2019-A-31 (Pratham Corp.) O Views looking north along Horsesh CJ1 (71 A cu Township of Prmid Herif,rge, Exciting Famre �r-^h V , n' cn 7 v m N 0 O Minor Variance 2019-A-31 (Pratham Corp.) Views of adiacent m he west of subiect lands I r cu (C)' O cu 0 O O cu Township tl�-+� a. PrauA Heringge, Exciting Future � �r-^h V , n' cn 7 Minor Variance 2019-A-31 (Pratham Corp.) View of existing development M� cu O O cu Township tl�-+� a. Chi PrauA Heringge, Exciting Future � �r-^h V , n' cn Minor Variance 2019-A-31 (Pratham Corp.) Recommendation: Deferral 0 That Minor Variance Application 2019-A-31 by Pratham Corporation specifically to permit the redevelopment of the subject lands for a new gas station, convenience store and drive-thru restaurant on lands D known as 9110 Highway 12, Township of Oro-Medonte, be deferred to allow for the Site Plan Application/Design issues to be addressed to the satisfaction of the Township and required agencies. 0 (D 0 v O 0 (D N Oti�� G O ft �},T�oev�iulrip of 3 (D M,wd Hrriiage, F—iring Fnrnr, �r-^h V , G n. in 7 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... fo Township of Report Proud Heritage, Exciting Future Report No. DS2019-079 Meeting Date: July 18, 2019 Roll #: 4346-010-004-12006 To: Development Services Committee Subject: Minor Variance Application 2019-A-33 Kenneth & Joanne Baxter 7 Beechwood Crescent Prepared By: Catherine McLean Planner Motion # R.M.S. File #: D13 56819 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-079 be received and adopted. 2. That Minor Variance Application 2019-A-33 by Kenneth & Joanne Baxter specifically to permit the construction of a detached accessory building in front of the dwelling and to permit an increased floor area of 77.2 square metres (831.2 square feet) on the lands known as 7 Beechwood Crescent, be deferred to provide Planning Staff the time necessary to recirculate the revised application, in accordance with Ontario Regulation 200/96 Section 3(1) under the Planning Act, and obtain updated comments from the relevant departments, agencies and neighbouring landowners. 3. That the applicant submit to the Township the required re -circulation fee of $250 pursuant to the Fees and Charges By-law No. 2018-044. 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 0.46 hectares (1.14 acres) and contains a single detached dwelling and 9 square metres (96.9 square feet) shed. The applicants are proposing to build a detached accessory building in the front yard with an increased floor area and originally requested relief from the following Sections of Zoning By-law 97-95, as amended: Development Services Report No. DS2019-079 July 18, 2019 Page 1 of 12 Page 123 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... Section 5.1.3 a) — F'ermittea locations for aetacnea accessory builainas ana structures Required Proposed Not be located in the front yard Located in the front yard with a setback of 7.5 metres (24.6 feet) from the front lot line Section 5.1.6 — Maximum floor area Required IProposed 70.0 square metres (753.5 square feet) 77.2 square metres (831.2 square feet) The applicant's original site plan that was circulated in the Notice of Public Hearing is included as Schedule 3 to the report. On July 10, 2019, the applicants revised their application to request that the proposed accessory building be located in the front yard with a setback of 5.5 metres (18.0 feet) from the front lot line in order to address the Building Department's concerns regarding the proximity to the septic system. The applicant's revised site plan that was received on July 10, 2019 is included as Schedule 4 to this report. However, the Notice of Public Hearing that was circulated on June 20, 2019 indicated that the garage would be located 7.5 metres (24.6 feet) from the front lot line. The elevation drawings can be found on Schedule 5. Analysis: Planning Staff have provided an analysis of the revised application below: Provincial Policies Provincial Policv 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 proposed structure is accessory to the existing residential use. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential area. Development Services July 18, 2019 Report No. DS2019-079 Page 2 of 12 Page 124 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... County Official Plan The property is designated Greenlands in Simcoe County's Official Plan. The Greenlands Designation permits dwellings on existing lots of record. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the existing residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four -fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance 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 Residential in the Township's Official Plan. The intent of the Rural Residential Designation is to recognize existing estate, country estate and chalet residential developments in the Township. Permitted uses in the Rural Residential designation include single detached dwellings. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a detached accessory building which is accessory to the existing single detached dwelling that is a permitted use in the Rural Residential Designation. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential One Exception 65 (RUR1 *65) in the Township's Zoning By-law 97-95. Exception 65 speaks to the minimum lot frontage and minimum first storey floor area for the dwelling, and therefore, does not apply to the proposed detached accessory building. According to the Township's Zoning By-law, an accessory building is permitted pursuant to Section 5.1. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a detached accessory building in the front yard with a setback of 5.5 metres (18.0 feet) from the front lot line and an increased floor area from 70 square metres (753.5 square feet) to 77.2 square metres (831.2 square feet). Development Services July 18, 2019 Report No. DS2019-079 Page 3 of 12 Page 125 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... The site plan was revised a number of times by the applicants with differing building sizes and varying setbacks to the front lot line and dwelling. The final dimensions that were circulated in the Notice of Public Hearing included a front yard setback of 7.5 metres (24.6 feet) and a distance of 5 metres (16.4 feet) from the septic bed. Through the circulation, the Building Department requested the applicants to verify the setback between the septic system and the proposed structure. Building Staff conducted a couple site visits and determined that the proposed garage was actually located 3.7 metres (12.1 feet) from the septic bed and did not comply with Section 8.2.1.6 of the Ontario Building Code. In order to address the Building Department's concerns, the applicants revised his site plan (see Schedule 4) by rotating the garage to be parallel with the septic system so that it complies with the required 5 metre setback to the septic bed as prescribed in the Building Code. As a result, the front yard setback was reduced from 7.5 metres (24.6 feet) to 5.5 metres (18.0 feet). Due to the reduction in the front yard setback, the Notice of Public Hearing has to be recirculated to applicable agencies, Township Departments and assessed landowners within 60 metres (200 feet) of the subject lands since the revision is a material change to the application. Section 3(1) of Ontario Regulation 200/96 under the Planning Act requires the Notice of Public Hearing to be circulated a minimum of 10 days prior to the hearing. Planning Staff is recommending that the application be deferred to allow Planning Staff time to recirculate the application in accordance with O. Reg. 200/96 and obtain updated comments. The general intent of the Zoning By-law in prohibiting accessory buildings, such as garages, in front yards is to ensure the dwelling remains primary in both use and appearance on the lands, particularly when viewed from the street. Upon visiting the site, Staff noted that the location of the proposed garage in front of the dwelling would make it the first building to be seen upon entering the lot. Nevertheless, in Planning Staff's opinion, the proposed garage, at 77.2 sq.m (831.2 sq.ft), would be sufficiently smaller than the dwelling, at 118.9 sq.m. (1,280 sq.ft.) according to our MPAC records, to ensure that the dwelling maintains its appearance as the dominant structure on the property. Furthermore, prohibiting garages in front yards ensures that there is an adequate front yard to provide for a driveway of sufficient length for parking. The proposed garage will be accessed from the side via the existing driveway. It would appear that the revised location would permit sufficient space for off-street parking on the lot. Detached accessory buildings are subject to maximum size restrictions to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over -development that would detract from the residential character of the area. The applicants have requested an increase the floor area from 70 sq.m. (753.5 sq.ft.), to 77.2 sq.m. (831.2 sq.ft.) for additional storage space. Based on the proposed size and use of the accessory building as a garage, the accessory building will remain secondary and subordinate to the existing residential use. In this context, Planning Staff does not expect the proposed garage to stand -out, look out of place or detract from the character of this older, well-established residential area. Development Services Report No. DS2019-079 July 18, 2019 Page 4 of 12 Page 126 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... 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 garage will be mitigated on the subject lands and will not impact the neighbouring lots. However, since the application has not been re -circulated, Planning Staff are not in a position to state whether the proposed variances conform to the general intent and purpose of the Zoning By-law until the Township has received updated comments based on the revised site plan, and in particular that the public has had the opportunity to be informed of and comment on the changes. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the applicants are limited in where they can place the garage due to the topography of the lands (there is a steep slope immediately to the side and rear of the dwelling) and the location of the septic system. As a result, the proposed garage could not be located adjacent to or behind the dwelling. However, since the application has been revised, it is necessary that the application be re -circulated to the public, agencies and Township Departments before Planning Staff makes a recommendation with respect to this Planning Act test. Is the variance minor? As discussed above, the revised application has to be recirculated with the reduced front yard setback of 5.5 metres (18.0 feet). Therefore, Planning Staff are not in a position to address whether the application is minor until we have had the opportunity to recirculate the application, in accordance with Ontario Regulation 200/96 Section 3(1) under the Planning Act, and obtain updated comments from the relevant departments, agencies and neighbouring landowners. Financial / Legal Implications / Risk Management: __ I Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2014 • 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. DS2019-079 July 18, 2019 Page 5 of 12 Page 127 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... 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 is consistent with the Strategic Plan. 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 identify full sewage envelope (tile bed, tank and loading area) and location of proposed structure to verify required setback for review by Building Division. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Revised Site Plan Schedule 5: Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-33 be deferred to allow the revised application to be recirculated in accordance to Ontario Regulation 200/96 Section 3(1) under the Planning Act and obtain updated comments from the relevant departments, agencies and neighbouring landowners. Development Services July 18, 2019 Report No. DS2019-079 Page 6 of 12 Page 128 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... Respectfully submitted: (�� m4ox" Catherine McLean Planner SMT Approval / Comments: Development Services Report No. DS2019-079 Reviewed by: �1) Derek Wltllb, PP Manager, Planning Services July 18, 2019 Page 7 of 12 Page 129 of 455 6.d) 6.20 p.m. DS2019-79, Catherine McLean, Planner re- Minor Variance A... Schedule 1: Location Map i� 1xa, _�w11.1 .� 1681 \ t 6 IT 1268 1130_/ 4 — p � t EL 4 1323 2 1108 �{ + u Schedule 1 Location WOO�����— TO 1631 1855 Proud Heritage, Esritin Future Q0 100 fn File Number: 2019-A-33 1SO $ i9-02 6 IT 1268 1130_/ 4 — p � t EL 4 1323 2 1108 �{ + u Schedule 1 Location WOO�����— ® Subject Lands Proud Heritage, Esritin Future Q0 100 fn File Number: 2019-A-33 N I 1 s I Development Services Report No. DS2019-079 July 18, 2019 Page 8 of 12 Page 130 of 455 6.d) 6.20 p.m. DS2019-79, Catherine McLean, Planner re- Minor Variance A... Schedule 2: Aerial Photo Schedule 2 Aerial Photo E3Subject Lands File Number: 2019-A-33 Development Services Report No. DS2019-079 F59"k, 01U`"ica�rto n Proud Herirnge, Exririu,q Future 0 25 m N I 1 i 1 July 18, 2019 Page 9 of 12 Page 131 of 455 6.d) 6.20 p.m. DS2O19-79, Catherine McLean, Planner re- Minor Variance A... Schedule 3: Site Plan ArPLAcAer(o 1 20ti — A-- 33 77,1 tLou- �{ Oto - oJ. 12 ooto %,w d 4 1 y +5 c7Ae Y Schedule 3 Applicant's Site Plan 'ii„v„sltfPer r File Number 2019-A-33 Yrond Heritage, Exritigq hitu e Development Services Report No. DS2019-079 July 18, 2019 Page 10 of 12 Page 132 of 455 6.d) 6.20 p.m. DS2019-79, Catherine McLean, Planner re- Minor Variance A... Schedule 4: Revised Site Plan a� 0vdrJE0.S KI. "e T'4 4 SDA --(.M ESaX'rE& Ro" tt oto - oa4- Iioo(o ofirRTY % udzi Schedule 4 Applicant's Revised Site Plan Of �/l �otzte File Number 2019-A-33 Proud Heritgge, Exritigy Future Development Services Report No. DS2019-079 July 18, 2019 Page 11 of 12 Page 133 of 455 6.d) 6.20 p.m. DS2019-79, Catherine McLean, Planner re- Minor Variance A... Schedule 5: Elevation Drawing AreucA-r,,,.1 4 2 -ti -A-33 OWNERS - KE4146-rit f JOAt yl)t{E$ -f t r l I Schedule 5 Applicant's Elevation Drawing -,a-04%16 �ITou't,ship of YYul eclonte File Number 2019-A-33 Proud Heritage, Fxritigg Future Development Services July 18, 2019 Report No. DS2019-079 Page 12 of 12 Page 134 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 9:56 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-33)Baxter Building Division comments are as follows. Applicant to identify full sewage envelope(tile bed, tank and loading area) and location of proposed structure to verify required setback for review by Building Division. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 135 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... From: Gooch, Jacob <leooch@oro-medonte.ca> Sent: Friday, July 5, 2019 10:39 AM To: kenbax7@email.com Cc: McCartney, Garry <gmccartney@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca> Subject: 7 Beechwood Cres Septic Location Ken, As discussed on site, I was unable to confirm the location of the distribution piping as it had not been exposed. Excavation appeared to have identified possible edge of septic system as septic stone appeared visible at bottom of excavation. Based on this and the description provided by you I would estimate there to be 2.5 metres of clearance to the distribution piping. Again the distribution piping would need to be exposed to confirm the setback. You may wish to pursue an alternative compliance to allow for a lesser setback as the site conditions do not easily permit the relocation of the proposed garage. Based on discussions with the Chief Building Official, Garry McCartney, he would expect the submission to be prepared by a qualified individual. The current fees by-law specifies a $500 base fee plus $90.00/hour of review time. The following is an excerpt from the Ontario Building Code regarding alternative solutions. A Section 2.1. Alternative Solutions 2.1.1. Documentation of Alternative Solutions 2.1.1.1. Documentation (1) The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that, (a) identifies applicable objectives, functional statements and acceptable solutions, and (b) establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A. (2) The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements. 2.1.1.2. Tests (1) Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable. (2) The results of tests or evaluations based on test standards, other than as described in this Code, may be used for the purposes of Sentence (1), if the alternate test standards provide comparable results. Page 136 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... A qualified individual or firm should be familiar with the objectives and functional statements attributed to the clearance requirements. You may wish to discuss with Garry McCartney as he would be approving the alternative solution. Regards, Jacob Gooch Plans Examiner/Building Inspector Township of Oro-Medonte Page 137 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:48 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Musso-Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-33)Baxter Teresa Development Engineering has No Objection to the above noted Application. 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 138 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 8:02 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-33)Baxter Teresa Operations has no concern nor further comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 139 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... From: Ken Baxter <kenbax7@email.com> Sent: Friday, July 12, 2019 8:51 AM To: McLean, Catherine <cmclean@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca> Subject: Re: Minor Variance 2019-A-33 (Baxter) Good Morning, Please see attached Letter of Support from Beechwood Cres. (Geez, we have great neighbours!) The only resident that is not included is Mrs Ruth Bailey (92?). She is currently in a care facility and the house is being maintained by her children until they decide the future the property. We respectfully request that a re -circulation of our Variance Application be deferred, as unanimously supported by our neighbours. Many thanks to you both for your assistance! Regards, Ken Baxter Page 140 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... RE: Application for Minor Variance, to The Corporation of the Township of Oro-Medonte Application# 2019-A-33, June 10, 2019 Kenneth & Joanne Baxter — 7 Beechwood Crescent, Oro-Medonte ON LOL 1T0 The undersigned have received a copy of the Minor Variance requested by Kenneth & Joanne Baxter, 7 Beechwood Cres, Hearing date July 18, 2019 and wish to submit our support for the construction of a garage subject to approval by the Township of Oro-Medonte. ADDRE=SS: CA (' n i n rl (name, (name, signature) ADDRESS: / 'e c/,..,.] (name, print) (name, signature) (name, print) (name, signature) Q! (name, print) (name, signature) Page 141 of 455 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... ADDRESS: (name, print) (name, print) (name, signature) Kame, Signa ur ) ADDRESS: l —.� a -4 Al t. L -k- y (name, print) (name, signature) ADDRESS: V (name, print) (name, signature) �z -44Ks -&ja 6u�� (name, print) (name, signature) Page 142 of 455 L,oL f 7k 6.d) 6:20 p.m. DS2019-79, Catherine McLean, Planner re: Minor Variance A... ADDRESS: L✓ a0 �e— PA-b-,--sAn - - (name, print) j&4 (name, signature) ADDRESS: (name, print) (name, signature) ADDRESS: (name, print) (name, signature) ,4AV I A (name, print) (name, signature) (name, print) (name, signature) (name, print) (name, signature) Page 143 of 455 Minor Variance 2019-A-33 (Baxter) a Address: 7 Beechwood Crescent Zoning: Rural Residential One Exception 65 (RUR1*65) Official Plan: Rural Residential Existing Development: o Single detached dwelling and shed U1 Township of Ul 0. 0 PrauA Heringge, Excising Future n D Minor Variance 2019-A-33 (Baxter) Propose: The applicants are proposing to build a detached accessory building (garage) and are seeking relief to the following sections of Zoning By-law 97- 95 - Section 5.1.3 a) — Permitted locations for detached accessory buildings and structures Required Proposed Not be located in the front yard Located in the front yard with a setback of 745 metres (24.16 feet) from the front lot line Section 6.1. Maximum floor area Required Proposed 70.0 square metres (753.5 square feet) 77.2 square metres (831.2 square feet) i4 Township of P,,wd Hrrirnge, Exeifing Frcrnrr U) N O CD 0 CD r m O n CD I Minor Variance 2019-A-33 (Baxter) Aerial Photo N O m+ I NA v CD �TYow^nship�of `[ 0. PrauA Heringge, Excising Future s n I Minor Variance 2019-A-33 (Baxter f+r. pw'AIL�6fi '. KEJ��rt[ t .k+..JuE ga%tot �ry ,Z," Old - —4 _ 13OPfp ,—JE" F`EJuRYH t�pau,. gAXTp; RoL4 d 010-004- 12.046 N O A f, f A U) N k QD a� -0°v Z37 CD M T CD Original site plan that was circulated in Revised site plan that was received on the Notice of Public Hearing July 10, 2019 4� Townshipof Cal 0 O Pcu,ed Hrri,age, F—iring Fnrnr, n D Minor Variance 2019-A-33 (Baxter) N O Z },rte, y�y, .. . i r rs.• ��rl 7 'fir � Y� S a�+' �i+4P` • _ 1 ■ • 1 •• 1 Minor Variance 2019-A-33 (Baxter) a � T (Q � Looking South along Beechwood Crescent Looking North West along Beechwood Crescert Township of PrauA Heringge, Excising Future % n D I S'l A JV 4a 'Mig A, "im -lift S'l A Minor Variance 2019-A-33 (Baxter) a — KM' t t '�-Ayer �y p '111, a ,.. t�T - r�VW CD Slope behind the dwelling Location of the existing septic system � Towrufiip of Cal P,,wd Hrrirnge, Extiring Fat,wr O n D Minor Variance 2019-A-33 (Baxter) a CR D c� D CD m Location of the proposed garage N (p O Township of Prated Herif,rge, Esciring Falure 0 n CD D Minor Variance 2019-A-33 (Baxter) a N O Recommendation: Deferral 3 0 Cn That Minor Variance Application 2019-A-33 by Kenneth & Joanne Baxter specifically to permit the construction of a detached accessory building in front of the dwelling and to permit an increased floor area of 77.2 square metres (831.2 square feet) on the lands known as 7 Beechwood Crescent, be deferred to provide Planning Staff the time necessary to recirculate the revised application, in accordance with 0 Ontario Regulation 200/96 Section 3(1) under the Planning Act, and pbtain updated comments from the relevant departments, agencies and neighbouring landowners.CD w 0 Township of Cal Z PrauA Heringge, Exciting Future O n D 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... Township of Report 0 ; Pt&/ffW Proud Heritage, Exciting Future Report No. DS2019-088 Meeting Date: July 18, 2018 Roll #: 4346-010-011-27505 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2019-A-32 by Paul and Janet Dewaele 51 Robinson Street Prepared By: Todd Weatherell, Intermediate Planner Motion # R.M.S. File #: D13-056843 Requires Action For Information Only 1. That Report No. DS2019-088 be received and adopted. 2. That Minor Variance Application 2019-A-32 by Paul and Janet Dewaele specifically to permit the construction of a boathouse with an interior side yard setback of 1.2 metres (3.93 feet) on lands municipally known as 51 Robinson Street, be denied as the boathouse does not meet the four tests of the Planning Act. 3. And that the applicant be advised of Committee's decision under the Secretary Treasurer's signature. Background: The subject property is 0.43 hectares (1.07 acres) in area with a frontage of 30.69 metres (100.7 feet) and is located at 51 Robinson Street. The property currently supports a two-storey single detached dwelling, one detached accessory garage. The applicant is now proposing to construct a boathouse with a reduced side yard setback, as follows: Section Permitted Pro p osed 5.6 (a) interior side yard 2.0 m. (6.5 ft.) — 1.2 m. (3.93 ft.) setback A Location Map is included as Schedule 1 to this report and the applicant's site plan and elevation drawings are included as Schedules 2 and 3. Development Services Report No. DS2019-088 July 18, 2019 Page 1 of 8 Page 154 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... Analysis: Provincial Policies Provincial Policy Statement 2014 The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Sections: 1.1.4 — Rural Areas; 2.1 — Natural Heritage; 2.2 — Water; and 3.1 — Natural Hazards are applicable to this application. The application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. Development Services Staff is of the opinion that this application is also consistent with the Natural Heritage, Water, Natural Hazards and resource-based development policies of the Provincial Policy Statement, subject to a Lake Simcoe Region Conservation Authority permit. Growth Plan for the Greater Golden Horseshoe, 2019 A Place 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 is applicable to this application. Planning Staff is of the opinion that the proposed development of the lot for an accessory structure to the residential use is consistent with the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Section 4.2.2 Natural Heritage System has also been reviewed by Planning staff with respect to the proposed Minor Variance application. The Natural Heritage System policies of the Growth Plan regulate, restrict or prohibit 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 application represents development adjacent to a Key Hydrologic Feature (Lake Simcoe) and is subject to the policies of Section 4.2.4. Specifically, Section 4.2.4.5 is applicable because it provides for development in developed shoreline areas that were designated and zoned as of July 1, 2017 for development, which would apply as the subject lands were/are designated and zoned for shoreline residential development. Based on the above, it is Planning Staff's opinion that this application is not affected by the Natural Heritage System policies of the Growth Plan and that the proposed development of the lot for the accessory structure conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Development Services July 18, 2019 Report No. DS2019-088 Page 2 of 8 Page 155 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... County of Simcoe The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the construction of a boathouse is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of associated shoreline flooding and erosion setback. The provided materials indicate the proposed location for the boathouse is within an area governed Ontario Regulation 179/06. Accordingly, any site alteration or development within the regulated area will be required to be designed in accordance with the LSRCA Watershed Development Guidelines and a permit from the LSRCA will be required prior to any site alteration or development. Does the variance conform to the aeneral intent of the Official Plan? The subject lands are designated Shoreline by the Township's Official Plan and are designated Rural by the County of Simcoe Official Plan. The primary function of the Shoreline designation is to protect the character of the shoreline residential area. Permitted uses in the Shoreline designation primarily include residential uses as well as accessory uses. Section C5.6 of the Official Plan directs that the Zoning By-law shall include provisions that restrict the size and location of boathouses on a lot. The application therefore would conform to the general intent of the Official Plan as a boathouse is an accessory use to the residential dwelling. Does the variance conform to the aeneral intent of the Zonina By-law? One of the purposes of regulating the location of boathouses in the Shoreline Residential (SR) Zone is to prevent over -development of the shoreline frontage which may lead to the frontage being dominated by boathouse structures and ultimately impacting the character of the shoreline and the adjacent neighbours. Section 5.6 of By-law 97-95 establishes setback, height, percentage of frontage, and use regulations for boathouses. The By-law specifically excludes boathouses from the total lot coverage provisions for accessory structures and does not establish a maximum floor area or ground floor area for boathouses. The proposed boathouse meets the provisions of the by-law for the Development Services July 18, 2019 Report No. DS2019-088 Page 3 of 8 Page 156 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... percentage of water frontage occupied by the structure, height but does not meet the minimum interior side yard setback requirement. The intent of a side yard setback provision is to ensure that the boathouse location provides a distance buffer to prevent overcrowding of such structure onto the neighbours property, and will also allow the property owner to adequately maintain the structure without trespassing. This is particularly so in areas of the Township characterized by small lots and narrow shoreline frontages. The shorelines in this area are characterized by long linear style lots with water frontages that are either 15 metres or 30 metres. This subject property has a water frontage of approximately 30 metres. Based on a site inspection, the proposed boathouse will remain, visually, secondary to the dwelling, will not dominate the shoreline as it meets the size and height requirement, and will not impact the potential views from adjacent lands as the proposed boathouse will have a flat roof and will be constructed into the shore bank. That being said there is no obstacles that are stopping the boathouse from meeting the minimum side yard setback requirement and that the applicant has not provided a justification for the proposed reduction to the interior side yard. The shoreline consists of small shrubbery and rock boulders that have to be removed no matter where the boathouse is located on the property. The flat roof which could be used as a seating/enjoyment area will also have an impact on the privacy for the adjacent property. There is currently a seating/enjoyment area on the adjacent property and by having the boathouse located closer to the property line, it will have an impact on the neighbours seating/enjoyment area. On this basis, the variance is deemed not to conform to the general intent of the Zoning by-law. Is the variance appropriate for the desirable development of the lot? Given the size of the shoreline frontage in relation to the proposed boathouse setback the proposed boathouse side yard setback encroachment will result in an infringement that is unnecessary and that will restrict the ability for access and maintenance around the building. The reduction in the side yard setback is not appropriate as the property/shoreline does not have any restrictions that would prohibit the boathouse from meeting the minimum side yard setback. On this basis, the proposal is not considered appropriate for the desirable development of the subject lot. Is the variance minor? The application to permit a boathouse with an interior side yard setback of 1.2 metres (3.93 feet) is not minor. As stated above there would appear to be no valid reason to allow for an encroachment when there is nothing prohibiting the boathouse from meeting the minimum side yard setback, the reduced setback would negatively impact the use and enjoyment of the adjacent property, and it is not appropriate for the desirable development of the lot. Development Services Report No. DS2019-088 July 18, 2019 Page 4 of 8 Page 157 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Development Services Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals_ 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 regulated area by the LSRCA and a permit will be required for the construction of the detached accessory building. Consultations: Notice of this revised 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: Agency/Department Comments: • Development Engineering: No objection. An Engineered Lot Grading Plan complete with Environmental Protection/Silt and Sediment Control Plan shall be required at the time of Building Permit Application. • Building Division: Applicant to be aware of Ontario Building Code minimum requirements for exposed openings in building face and construction of exposed building face with reduced setbacks. • Operations: No concerns. • John Perryman: Please accept this email as my written objection to variance application number 2019-A-32. I built a bonfire pit next to the proposed location of this boat house approximately 7 years ago, and have spent considerable time and Development Services July 18, 2019 Report No. DS2019-088 Page 5 of 8 Page 158 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... money to properly landscape it with a retaining wall and interlock stone. To encroach inside the established 6.5 feet down to 3.93 feet would be to unnecessarily crowd my space for the bonfire area. There is no overwhelming reason to move 2.5 feet closer to the lot line. Any improvement in useable land on Paul and Janet's property would unfairly impact the enjoyment of my fire pit. The setback by law is clearly established to protect the rights of both neighbours and I've made my desire to maintain the 6.5 feet clear to Paul in conversation. Although I recognize the need to locate the boat house on the west side of his property due to the existing beach and easy access from the lake, that advantage is still realized by maintaining the 6.5 foot established setback. I therefore request the Township of Oro-Medonte to rule in favour of maintaining the existing by-law. LSRCA: The Owner shall obtain a permit from LSRCA for works within the regulated area. This will require that a restrictive covenant shall be registered on title for the boathouse outlining that the structure will not be habitable and that there shall be no sanitary, potable water or heating connection to the structure. (Please note, additional conditions may be required at the time of permitting). LAttachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Aerial Photo Schedule 4: Applicant's Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-32 be denied specifically, to permit the construction of a boathouse with an interior side yard setback of 1.2 metres (3.93 feet), on the basis that the application does not meet the four tests of the Planning Act. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner SMT Approval / Comments: Development Services Report No. DS2019-088 Reviewed by: Derek Witlib, RFT Manager, Planning Services July 18, 2019 Page 6 of 8 Page 159 of 455 6.e) 6.30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re- Mino... Schedule 1: Location Map Schedule 2: Applicant's Site Plan a 51 FDobbnm 6..�-SS,.. 1 _ Appx"'`a... ;.: •V•� ewe` r.�i ro r rvo.r� ` �y,�wwtcT� 0- LAKe-.5imcr- Development Services July 18, 2019 Report No. DS2019-088 Page 7 of 8 Page 160 of 455 6.e) 6.30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re- Mino... Schedule 3: Aerial Photo Schedule 4: Applicant's Elevation Drawings Development Services July 18, 2019 Report No. DS2019-088 Page 8 of 8 Page 161 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 9:51 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-32) Dewaele Building Division comments are as follows; 1. Applicant to be aware of Ontario Building Code minimum requirements for exposed openings in building face and construction of exposed building face with reduced setbacks. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 162 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:47 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-32) Dewaele Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan complete with Environmental Protection / Silt and Sediment Control Plan shall be required at the time of Building Permit Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 163 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 8:03 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-32) Dewaele Teresa Operations has no concern nor further comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 164 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... From: John Perryman <jcperryman@rogers.com> Sent: Tuesday, July 2, 2019 8:02 AM To: Planning <Planning@oro-medonte.ca> Cc: John Perryman <jcperryman@rogers.com> Subject: Objection to variance 2019-A-32 Mr Andy Karaiskakis, Secretary -Treasurer Please accept this email as my written objection to variance application number 2019-A-32. I built a bonfire pit next to the proposed location of this boat house approximately 7 years ago, and have spent considerable time and money to properly landscape it with a retaining wall and interlock stone. To encroach inside the established 6.5 feet down to 3.93 feet would be to unnecessarily crowd my space for the bonfire area. There is no overwhelming reason to move 2.5 feet closer to the lot line. Any improvement in useable land on Paul and Janet's property would unfairly impact the enjoyment of my fire pit. The setback by law is clearly established to protect the rights of both neighbours and I've made my desire to maintain the 6.5 feet clear to Paul in conversation. Although I recognize the need to locate the boat house on the west side of his property due to the existing beach and easy access from the lake, that advantage is still realized by maintaining the 6.5 foot established setback. I therefore request the Township of Oro Medonte to rule in favour of maintaining the existing by-law. Respectfully John Perryman Page 165 of 455 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate Planner re: Mino... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca July 5, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Minor Variance Application 51 Robinson Street Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-A-32 IMS File No.: VA -425831-062019 Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Minor variance application. We understand that the purpose and effect of this application is to permit the construction of a boathouse with reduced interior side yard setback. The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of associated shoreline flooding and erosion setback. The provided materials indicate the proposed location for the boathouse is within an area governed Ontario Regulation 179/06. Accordingly, any site alteration or development within the regulated area will be required to be designed in accordance with the LSRCA Watershed Development Guidelines and a permit from the LSRCA will be required prior to any site alteration or development. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for works within the regulated area. This will require that a restrictive covenant shall be registered on title for the boathouse outlining that the structure will not be habitable and that there shall be no sanitary, potable water or heating connection to the structure. (Please note, additional conditions may be required at the time of permitting). 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 166 0IF459•800.465.0437 6.e) 6:30 p.m. DS2019-88, Todd Weatherell, Intermediate FRielae�ebiIno... conservation authority Page 2 of 3 Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner For further permitting questions please contact Taylor Stevenson: Taylor Stevenson Environmental Regulations Analyst t.stevenson@lsrca.on.ca 905-895-1281, ext. 483 Page 167 of 455 Minor Variance 2019-A-32 (Dewaele) Address: 51 Robinson Street Zoning: Shoreline Residential (SR) Official Plan: Shoreline Existing Development: Existing dwelling and Detached garage 00 0 townmip of � ^ m � e��1 (f7[[ C/ (3l PrauA Heringge, Excising Future 9 Z3 1 CD CD 0 Minor Variance 2019-A-32 (Dewaele) Purpose: The applicant is proposing the construction of a boathouse and is requesting the following relief from Zoning By-law 97-95, as amended: Section Permitted Proposed 9 5.6 (a) interior side yard setback 2.0 m. (6.5 ft.) 1.2 m. (3.93 ft.) Q 3 M CO 0 AM Township of � C n Cal PrauA Heringge, Exciting Future � CD CD 0 Air Photo v (D 0 0 Cn Cn Minor Variance 2019-A-32 (Dewaele) T (D 3 (D Q CD Township of PrauA Heringge, Excising Future � CD CD 0 Minor Variance 2019-A-32 (Dewaele) Site Plan 43 ROWnson N3 J 6.i!M E.STING H&JSE °b 51 Robinson(� LISS" EXIS-NG MOUSE O '1 f'�r e� • �, 1 r eP� °cj 2r 1 SEPi'ir - rl [ $ �•.. Sirn f ! 1 57 Robinson � V , ni _ _ 0 Cfl I i i r i _ 00 E)Mi EXP TACT ANUS ' 0� l @ { s 0 e / ; L Q GL cc--------------- 1 or MANTLE ��PL Exmpkc Tw BERS AND I 8 mII r^ - WAMNE RAL TO BE ! " ..� REUM AND rRlEO IN NEW STM -1 cc04 Q•' ,....I 0 .Bm To CF�SM� ! �u `� t [ioathou '�g-- � •'moi ' z ', . `vW SWALE a °'° °FLOOR $ "6a M� : •..9 3`- B BOAi 9W 5m y E7Oz REYAQVEp . `.�..... r C 2j Elk_ lV 0 mlgpjt 4t CIO Ig �lJ LAKE J!IYI. rie L� \V H1 Township of Cal � ProA Heringge, Excising Fr Lure � u 0 0 0 Minor Variance 2019-A-32 (Dewaele) 9 N O CO 00 F1R FI FV�7YtJ ETT I LLLJ LJ u mmJ lV b (MADE cwoc (D cQ--------- 3 soon~ FiEvwncwl %W -;T F1 LWwnCt, � Q N Elevation plan 0(9 � Township of Cal PrauA Heringge, Excising Future CD CD 0 I ....... .... 0 A 1AI-Ail 7.V At A 1AI-Ail 7.V U1 9-A-32 (L ..'• Zvi �.F =f ' � a ` fir. _. r r �', � •; ti 16c g« � s ww i Ao Minor Variance 2019-A-32 (Dewaele) 9 OL OL CD 0) CD CD CD�A OL View from existing dock towards existing shoreline , CD � Tooff T Cal CO PrauA Heringge, Exciting Future � CD CD 0 Minor Variance 2019-A-32 (Dewaele) 9 .t. Irye CD CD CD View of existing dock and neighbours dock to the east SCD C n To off Cal D PrauA Heringge, Exciting Future I CD CD 0 Minor Variance 2019-A-32 (Dewaele) 9 OL Q LL CD �a - _. 1'b"�. ��-�J �.. ":�'-L'-�( �38'kl'�'i.'1. �I'�'.i-' _ ..•_ T'.6'.sd-.;�Y r. d.. a v O View looking west at neighbours sh r line rf � Township of � Cal PrauA Heritgge, Excilin8 Future � CD CD 0 Minor Variance 2019-A-32 (Dewaele) View from property line towards neighbours Notice Sign CO shoreline seating area Cr Township of Cal Z3 PrauA Heringge, Exciting Future I CD CD 0 Minor Variance 2019-A-32 (Dewaele) ON, Recommendation: Be Denied o 1. That Report No. DS2019-088 be received and adopted. o Cn N 2. That Minor Variance Application 2019-A-32 by Paul and Janet Dewaele specifically to permit the construction of a boathouse with an interior side yard setback of 1.2 CO metres (3.93 feet) on lands municipally known as 51 Robinson Street, be denied as o the boathouse does not meet the four tests of the Planning Act. Q 3. And that the applicant be advised of Committee's decision under the Secretary Treasurer's signature. 3 OL Q L' (DT Township of � Cal PrauA Heringge, Exciting Future � 0 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... p 'Township off ,r Report USW Proud Heritage, Exciting Future Report No. DS2019-085 Meeting Date: July 18, 2019 Roll #: 4346-010-009-73400 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2019-A-34 Susan Keslick 59 Parkside Drive Prepared By: Danielle Waters Planner Motion # R.M.S. File #: D13 56851 Requires Action For Information Only 1. That Report No. DS2019-085 be received and adopted. 2. That Minor Variance Application 2019-A-34 by Susan Keslick specifically to permit the construction of an addition to a single detached dwelling with a reduced setback of 17.96 metres (58.9 feet) from the average high water mark of Lake Simcoe on lands municipally known as 59 Parkside Drive, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table 1 (1), the addition to a single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition with a reduced setback from the average high water mark 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 addition is located no closer than 17.96 metres (58.9 feet) from the average high water mark; d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority 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 applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Development Services Report No. DS2019-085 July 18, 2019 Page 1 of 10 Page 180 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.22 hectares (0.54 acres) and is currently used as a residential lot, as shown in schedule 1 and 2. The applicant is proposing to construct a 114.6 sq. m. (1,233.6 sq. ft.) addition to an existing single detached dwelling on the lakeside. The existing dwelling has an area of 164.8 sq. m. (1,773.9 sq. ft.), the detached accessory building has an area of 53.3 sq. m. (573.7 sq. ft.) and the boathouse has an area of 43.2 sq. m. (465.0 sq. ft.). The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Table 1 (1) Standards for Permitted Uses: setback from avera Required: No building shall be located closer than 20 metres (65.6 feet) from the average high water mark of Lake Simcoe high water mark Proposed: 17.96 metres (58.9 feet) to the average high water mark of Lake Simcoe The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. 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, Section 2.1 — Natural Heritage and 2.2 — Water are applicable to this application. Section 1.1.4 and 1.1.5 policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of this section. 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, 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. Section 2.2 policies have been reviewed and Planning Staff is of the opinion that this application is consistent with this section as LSRCA has no concerns with the application, and any shoreline restoration requirements will be covered in their permit process. Planning Staff is of the opinion that this application is consistent with the Rural Areas, Rural Lands, Natural Heritage and Water policies of the PPS. Development Services Report No. DS2019-085 July 18, 2019 Page 2 of 10 Page 181 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... 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 addition 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 shoreline 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 applicant's minor variance application conforms to the County's Official Plan as the construction of a single detached dwelling is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments to the Township, and they have no concerns with this application. They will require a permit to be submitted. 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 is in effect on the date of the decision. Development Services Report No. DS2019-085 July 18, 2019 Page 3 of 10 Page 182 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... Section 45(1) of the Planning Act establishes a four -fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation is a single detached dwelling. The Shoreline designation allows for limited shoreline development. Therefore, based on the above, the requested variance pertaining to the construction of a single detached dwelling with a reduced average high water mark setback is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. A single detached dwelling is permitted in the SR Zone. The applicant is proposing to build an addition to a single detached dwelling and is seeking relief from the Zoning By-law to allow for the addition to have a reduced setback from the average high water mark of Lake Simcoe. The general intent of the Zoning By-law in requiring the minimum setback from the average high water mark of 20 metres (65.6 feet) from Lake Simcoe is to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. With the approval from LSRCA, Planning staff is confident that the natural features will be protected through their permit process. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand -out, look out of place or detract from the character of this established neighbourhood as the subject lands and surrounding lots are mostly treed. While on site, staff noted that the proposed addition will not be visually any closer to the shoreline than the neighbouring dwellings. 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 is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services July 18, 2019 Report No. DS2019-085 Page 4 of 10 Page 183 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance to allow for a reduced average high water mark setback is not anticipated to have an adverse impact on the neighbouring properties or negatively affect the Lake Simcoe shoreline. The property is heavily vegetated on both sides of the property and LSRCA have no concerns with the proposed development. As the proposed variance is considered to conform to the general intent of the Official Plan, the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk 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. LP0__Iiciies/Legiislation: • 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 is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Development Services Report No. DS2019-085 July 18, 2019 Page 5 of 10 Page 184 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... 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 — Applicant to verify that a sewage system or any changes to the existing system to support proposed addition can be accommodated on the lot. • Township Infrastructure and Capital Projects — No concerns • Lake Simcoe Region Conservation Authority — LSRCA permit required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Proposed Site Plan Schedule 4: Applicant Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-34 be approved, specifically, to permit an addition to a single detached dwelling with a reduced setback from the average high water mark of 17.96 metres (58.9 feet) on lands municipally known as 59 Parkside Drive, 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: ---ems---L- Development Services Report No. DS2019-085 Reviewed by: frek Witlib, RPP Manager, Planning Services July 18, 2019 Page 6 of 10 Page 185 of 455 6.f) 6.40 p.m. DS2019-85, Danielle, Waters, Planner re- Minor Variance A... Schedule 1: Location Map -'.°s"°.-- 138 .i 342 +80 147 I T 792 122 776 116 179 I . 1 702 110 129 `r 798 106 ~ , - 791 123 783+, 115 w 746 779 769 B2 1ckR. R9 > 74 10 * 75� de to � es 61 FA $ 73 6 712 77 9+ 690 47 't 678 687 Schedule 1 , LocationT. " r� 4 j r ® Subject Lands Proud Heritn,Qe, Extitin,Q Futuro 0, 100 m File Number: 2019-A-34 Nr s 1 Development Services Report No. DS2019-085 July 18, 2019 Page 7 of 10 Page 186 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo Schedule 2 Aerial Photo Subject Lands File Number: 2019-A-34 Development Services Report No. DS2019-085 O"A'w' 1 Ocz :. '/i,unuhif� v( Proud Herit4ee, Extitin,� Future 0 15 m N I t t I July 18, 2019 Page 8 of 10 Page 187 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... Schedule 3: Applicant Proposed Site Flan wzl'OZ 2 O z z O F U M O tO p X W X m H (D <0U) Z J cA W W � W99'E9 E WO'S W It W4VLd ?� 0 e 41 WN9Z ]]��I,((��� E E E O I 1 N N O m OS 0 Z J (n W X3: W 0 W99 ZZ W96 LL Schedule 3 Applicant's Site Plan �-- Tc,ir�rr;lriy ����r File Number 2019-A-34 Proud lleritgte, EX ifigq Funtre Development Services Report No. DS2019-085 July 18, 2019 Page 9 of 10 Page 188 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re- Minor Variance A... Schedule 4: Applicant Elevation Drawings +� �T��rrrerv�ar Schedule 4 Applicant's Elevation Drawings File Number 2019-A-34 Proud Heritage, E.rritiN,Q Future Development Services July 18, 2019 Report No. DS2019-085 Page 10 of 10 Page 189 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 10:00 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-34) Keslick Building Division comments are as follows; 1. Applicant to verify that a sewage system or any changes to the existing system to support proposed addition can be accommodated on the lot. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 190 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:50 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; info@Isrca.on.ca; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-34) Keslick Teresa Development Engineering has No Objection to the above noted Application. 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 191 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 8:00 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-34) Keslick Teresa Operations has no concern nor further comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 192 of 455 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: Minor Variance A... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca July 8, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Minor Variance Application 59 Parkside Drive Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-A-34 IMS File No.: VA -144521-061819 Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted Minor variance application. We understand that the purpose and effect of this application is to permit the construction of an addition on the lakeside of the dwelling with an area of 114.6 square metres, being located 17.96 metres to the average high water mark of Lake Simcoe. The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of associated shoreline flooding and erosion setback. The provided materials indicate the proposed location of the addition is within an area governed Ontario Regulation 179/06. Accordingly, any site alteration or development within the regulated area will be required to be designed in accordance with the LSRCA Watershed Development Guidelines and a permit from the LSRCA will be required prior to any site alteration or development. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit from LSRCA for works within the regulated area. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 193 0IF459•809.465.0437 6.f) 6:40 p.m. DS2019-85, Danielle, Waters, Planner re: N4Ap$UVbllti8MftA... conservation authority Page 2 of 3 Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner For further permitting questions please contact Taylor Stevenson: Taylor Stevenson Environmental Regulations Analyst t.stevenson@lsrca.on.ca 905-895-1281, ext. 483 Page 194 of 455 Minor Variance 2019-A-34 (Keslick) Address: 59 Parkside Drive Zoning: Shoreline Residential (SR) Official Plan: Shoreline Existing Development: Residential v Cn N O Cn 0 114 CD 0 o � Hl L Township of 0 PrauA Heringge, Excilin8 Future n CD 0 Minor Variance 2019-A-34 (Keslick) The applicant is requesting relief from the following Section of Zoning By-law 97-95, as amended: Table B1 (1)/ Section 5.30 - Setback from average high water mark Required: No building shall be located closer than 20 metres (65.6 Proposed: 17.96 metres (58.9 feet) to the average high water mark MR U) N (D Cn 0 feet) from the average high water mark of Lake Simcoe I of Lake Simcoe W I• 0 v � cD � TMow^nship�of PrauA Heringge, Exciting Future � C) CD 0 Minor Variance 2019-A-34 (Keslick) Aerial v m O Cn Cn MR N 0 Cn FD' cu cu CD COC v cu m L� Township of PrauA Heritgge, Exciting Future 0 n CD 0 Minor Variance 2019-A-34 (Keslick) P 0 PARKSIDE DRIVE E TS ro^ N Applicants Site Plan 6 --- APPROX. LOCATION 0 OF SAmA 1$-3m EXISTING WELL $ SEPTIC BED QD � 1 E EXIS7. z.ta ias+.wwa w DWELLING Irra� "'"' ET[IST. NORTH ma-, EXIST. BOATHOUSE art LINE OF HIGH WATER MARK —S (T V LAKE SIMCOE CQ PROPOSED ADDITION - 59 PARKa^IDE DRIVE, ORO MEDDNTE I DATE: JUNE 10, 20i8 SCALE' NTS DRAW NG NO: MV 401 (D 00 0 � (Pl�/� /('] Township of�"'� 0 (3l O Praisd Herirage, Excirir,g Fwalre S n D Minor Variance 2019-A-34 (Keslick) Applicants Elevation Drawings v cu CO CO 0 H La Pv�N� wn� r?r�}j7o�✓ _. N 0 Cn 11 NA v cu � Township of PrauA Heringge, Excising Future � n CD 0 Minor Variance 2019-A-34 (Keslick) Notice sign posted a Cn N 0 Cn 0 h lop �F 0 h T N � O O (p O 1� Township of � 0 PrauA Heringge, Excilin8 Future n CD 0 Minor Variance 2019-A-34 (Keslick) MR N O CO Cn hil r t l ` Al ri I q" � N o View East and West on Parkside Dr �a �MTow^nship� ofd (3l 0 Pratod Herirage, Excirir,g Frvaire n CD D Minor Variance 2019-A-34 (Keslick) MR N O CO Cn hil IV k 416, (D (D N � O o Existing dwelling and detached accessory building m H� L � Township of (P �. Praisd Herirage, Exciring Falaire 0 C) CD D Minor Variance 2019-A-34 (Keslick) h N O QD Cyl I I (D iD n,y f O 0 Side lot line views � Towrufrip of Cal � P,,md Hrrircrge, Extifi,,g Fran", 0 n CD 0 Minor Variance 2019-A-34 (Keslick) _. MR N O Co Cn hil 0 `D View from the lake, stakes posted C) m 0 0 Township of 0 Cal 0 PrauA Heritgge, Exciting Future C) CD 0 v m N O Cn O_ (P Minor Variance 2019-A-34 (Keslick) Recommendation: Approval 1. That Report No. DS2019-085 be received and adopted. 2. That Minor Variance Application 2019-A-34 by Susan Keslick specifically to permit the construction of an addition to a single detached dwelling with a reduced setback of 17.96 metres (58.9 feet) from the average high water mark of Lake Simcoe on lands municipally known as 59 Parkside Drive, be approved. 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Table B1 (1) and Section 5.30, the addition to a single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition with a reduced setback from the average high water mark 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 addition is located no closer than 17.96 metres (58.9 feet) from the average high water mark; d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority 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 applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. rn 0 N 0 Cn FD' cu cu CD i• v cu TYow^nship�of�''' PrauA Heringge, Exciting Future 0 n 0 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... 'Iownship of Report Proud Heritage, Exciting Future Report No. DS2019-089 Meeting Date: July 18, 2019 Roll #: 4346-020-005-02700 Recommendation(s): It is recommended: To: Development Services Committee Subject: Minor Variance Application 2019-A-36 (Serge DesRoches) 36 Moonstone Road West Requires Action Prepared By: Todd Weatherell, Intermediate Planner Motion # R.M.S. File #: D13-056853 For Information Only 11 1 1. That Report No. DS2019-089 be received and adopted. 2. That Minor Variance Application 2019-A-36 by Serge DesRoches, specifically to permit a non -complying building or structure to be enlarged by way of a 29.4 square metres (317.0 square feet) second level addition with a 1.74 metre front yard setback for a property located at 36 Moonstone Road West, Township of Oro-Medonte, be approved 3. That the following conditions be imposed on the Committee's decision: a) That notwithstanding Section 5.16 of Zoning By-law 97-95, the proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition 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. Development Services Report No. DS2019-089 July 18, 2019 Page 1 of 9 Page 206 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... Background: The subject lands are located on the north side of Moonstone Road West, west of Line 7 North (refer to Schedule 1). Surrounding land uses consist of agricultural parcels. The applicant is proposing to add a 29.4 square metres (317.0 square feet) second level addition with a 1.74 metre front yard setback onto an existing non -complying dwelling. The applicant's site plan is included as Schedule 2 to this report. The property is zoned Rural Residential Two Exception 212 (RUR2*212) in the Township's Zoning By-law. Exception 212 permits the subject lands to have a minimum lot area of 0.18 hectares (0.45 acres) and a minimum front yard setback of 4.26 metres (14.0 feet). The applicant is requesting permission to construct a second level addition onto an existing structure, and is seeking relief to the following Section of Zoning By-law 97-95: Section 5.16.1 b) — Enlargement, Repair or Renovation A non -complying building or structure maybe enlarged, repaired, replaced or renovated provided that the enlargement, repair, replaced or renovation: b) Does not increase the useable floor area in a required yard. Permitted: Proposed: No floor area increase permitted. 29.4 square metres (317.0 square feet) second Existing dwelling as a current front level addition with a 1.74 metre front yard yard setback of 1.74 metres. setback. 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. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. Section 1.1.4 — Rural Lands is applicable to this application. Planning Staff is of the opinion that this application is consistent with the Rural Lands policies of the Provincial Policy Statement. 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 Development Services _ July 18, 2019 Report No. DS2019-089 Page 2 of 9 Page 207 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... supports economic prosperity, protects the environment and helps communities achieve a high quality of life. Specifically Section 2.2.9 Rural Areas and 4.2.3 Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features are applicable to this application. Since the County of Simcoe and the Township of Oro-Medonte do not identify significant woodlands on the subject property or on adjacent lands within their own Official Plans, it is Planning Staff's opinion that this application is not affected by the Natural Heritage System policies of the Growth Plan. Therefore Planning Staff is of the opinion that the proposed development of the lot for a detached dwelling addition conforms to the Growth Plan as the lands subject to this application is already a residential property and additions are permitted as long as they do not expand into the woodland. County of Simcoe Official Plan Pursuant to Schedule 5.1 of the County's Official Plan, the subject property is identified as `Greenlands' and `Rural' in the County's Official Plan. The intent of the Rural designation is to: "To recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. To encourage maintenance, protection, and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas". The intent of the Greenlands designation is to: To protect and restore the natural character, form, function, and connectivity of the natural heritage system of the County of Simcoe, and to sustain the natural heritage features and areas and ecological functions of the Greenlands designation and local natural heritage systems for future generations. Permitted uses in the Rural designation include limited residential development. In Planning Staff's opinion, the proposed addition is consistent with the County's Official Plan as the proposed addition is considered the expansion of an existing residential use. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. However, since the County's comments have not been received as of the preparation of this report, it is recommended that the Committee have regard for any comments that may be received prior to the Committee's decision. Development Services July 18, 2019 Report No. DS2019-089 Page 3 of 9 Page 208 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated `Rural' within the Township's Official Plan. The intent of the Rural Designation is to: preserve and promote the rural character of the Township and the maintenance of the open countryside; and prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Pursuant to the policies of the Plan, permitted uses in the Rural designation include single detached dwellings. Based on the above, it is Planning Staff's opinion that the requested variance for an addition to an existing dwelling conforms to the Township's Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential Two Exception 212 (RUR2*212) Zone in the Township's Zoning By-law 97-95, as amended. Single detached dwellings are permitted uses within the RUR2*212 Zone. The existing single detached dwelling on the lot is a Non -Complying Structure as it does not meet the required 4.26 metres (14.0 feet) front yard setback. The Zoning By-law's requirement for a minimum front yard setback of 4.26 metres (14.0 feet) in the RUR2*212 Zone was to recognize a proposed demolition and addition that was never constructed. (see Schedule 6) The intended front yard setback is to provide spatial separation between the residence and the road. The applicant is proposing to maintain the same setback as the existing dwelling but would like to add a second level addition onto the dwelling. By adding 29.4 square metres (317.0 square feet) of living space on the second level of the dwelling would meet the general intent as it would not protrude closer to the road than the existing established dwelling. For the reasons outlined above, the requested variance is considered to meet the general intent of the Zoning By-law at this time. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning staff has identified that the existing location of the dwelling and the proposed addition will have little to no impact on the neighbouring properties as the property is surrounded by vacant land. The addition which is to occur on an already established flat roof would also be appropriate as it will not impact the existing footprint of the dwelling. For the reasons outlined above, the requested variance is considered desirable development of the lot at this time. Development Services Report No. DS2019-089 July 18, 2019 Page 4 of 9 Page 209 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... Is the variance minor? Staff are of the opinion that the requested Minor Variance to permit a non -complying building or structure to be enlarged to a maximum floor area of 29.4 square metres (317.0 square feet) with a front yard setback of 1.74 metre is minor as the dwelling already exists and the proposed addition will go no closer to the road than currently exists. For the reasons outlined above, the requested variance is considered minor. LFinancial I Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement 2014 • Growth Plan for the Greater Golden Horseshoe, 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: 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: • Operations Division: No concerns. Development Services July 18, 2019 Report No. DS2019-089 Page 5 of 9 Page 210 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... Development Engineering: No objections. An Engineered Lot Grading Plan may be required at the time of Building Permit. Building Department: 1. Applicant to verify that a sewage system or any changes to the existing system to support proposed addition can be accommodated on the lot. 2. Applicant to be aware of Ontario Building Code minimum requirements for exposed openings in building face and construction of exposed building face with reduced setbacks. Attachments: Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Aerial Photo Schedule 4: Proposed Floor Plans Schedule 5: Growth Plan mapping Schedule 6: Floor plan from 2012 Zoning By-law Amendment Conclusion:_ Planning Staff recommends that Minor Variance Application 2019-A-36 be approved specifically to permit the construct of an addition with a maximum floor area of 29.4 square metres (317.0 square feet) onto the second level of the existing dwelling on the lands municipally known as 36 Moonstone Road West, 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: Todd Wea herell, RPP, CPT Intermediate Planner SMT Approval / Comments: Development Services Report No. DS2019-089 Reviewed by: Derek Witlib, RPP Manager, Development Services July 18, 2019 Page 6 of 9 Page 211 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... Schedule 1 — Location Map: Schedule 2 — Applicant's Site Plans: PIAN OF P (GEOi �+>V 595f$—�Od�4lT) PW ANO WfE "CE r � tz .tuns« PIN ;el 516 OCL4!*(Lt) A 1w, 15w) �a-�wM: KN Development Services July 18, 2019 Report No. DS2019-089 Page 7 of 9 Page 212 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re. Mino... Schedule 3: Aerial Photo 7WIIIIIIIIIIW Schedule 4: Elevation Floor Plans s-�ss I ----------------- i i mom; r, Main Floor ueveiopmenz services Report No. DS2019-089 Second Level July 18, 2019 Page 8 of 9 Page 213 of 455 6.g) 6.50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re- Mino... Schedule 5: Growth Plan 2019 Mapping 9 Growth Plan 2017 (tls I*1 ❑ ANSI (NHS) ❑ Wetland=_ (NHS) Fj Q Woodland (NNS) E 't ❑ Natural Heritage System (NHS) *� Q Agricultural System Schedule 6: Construction Plan for 2012 Zoning By-law Amendment Development Services Report No. DS2019-089 ',�,+du' B " t c:r �fKLVGYi' A{. p1CQ.o- e4.yF� � AGttie)t1ed� �t � I 6 ,r � F'rcbY'�1oo� "roTo-� CL.wing�c ° 'P J n�f00f ) d... --�--cM nvCR P RBctr .11 rt Pari`- 1•�r QMopeS¢d. Addi}t�+ �GS NCA R40PfiCrY LANES wrf40n��_ AL�owwnce July 18, 2019 Page 9 of 9 Page 214 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 10:04 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-36) Des Roches Building Division comments are as follows; 1. Applicant to verify that a sewage system or any changes to the existing system to support proposed addition can be accommodated on the lot. 2. Applicant to be aware of Ontario Building Code minimum requirements for exposed openings in building face and construction of exposed building face with reduced setbacks. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 215 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:52 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-36) Des Roches Teresa 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 216 of 455 6.g) 6:50 p.m. DS2019-89, Todd Weatherell, Intermediate Planner re: Mino... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 7:59 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-36) Des Roches Teresa Operations has no concern nor further comment on this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 217 of 455 Minor Variance 2019-A-36 (DesRoches) Address: 36 Moonstone Road Zoning• Rural Residential 2 Exception 212 (RUR*212) Z Official Plan: y Rural 0 9 N O 00 Existing Development: J�8 rm-1- �a\\e� l V Residential 3 a; N ®Subject Lands @� OL 00 o T _P�I � Towrufiip of Mood Hrrif,rge, E—icing F«m.m --I CD CD 0 Minor Variance 2019-A-36 (DesRoches) Purpose: The applicant is requesting permission to construct a second level addition o onto an existing structure, and is seeking relief to the following Section of Zoning By-law 97-95: 0 Cn N Section 5.1 C.1 b) — Enlargement, Repair or Renovation CO A non -complying building or structure maybe enlarged, repaired, replaced or renovated provided that the enlargement, repair replaced or renovation: o b) Does not increase the useable floor area in a required yard. v N Q � Township o�IV' Cal � M,wd Heritage, E—iring FW CD CD 0 v (D N N O 0 Cn Cn Minor Variance 2019-A-36 DesRoches) Air Photo 9 N O CO CO O Q Q N (D (D (D 3 (D 0 - FD' F CD Township of PrauA Heringge, Excising Future � CD CD 0 Minor Variance 2019-A-36 (DesRoches) ®Area for second level addition v CD N CD 0 Cn N O CO CO 0 Q Q C v CD CD CD 3 CD 0- N? - N Site Plan CD � Township of C CO Prated Herif,rge, Exciting Faln e 7-1 0 Minor Variance 2019-A-36 (DesRoches) ------- ---- - --- Z' 9 Am RZ Co --I 0 zT Main Floor Second Level addition Old floor plan from 2012 &� Township of CD Z3 Pratod Herihgqe, Exciting Future --I CD CD :F- -3 0 Minor Variance 2019-A-36 (DesRoches) Notice Sign 9 N O CO CO O Q Q N (D (D (D 3 (D Q � Township of PrauA Heringge, Excising Future � CD CD 0 Minor Variance 2019-A-36 (DesRoches) 9 N O CO CO ter•] T r -h lT�T 3 OL lV N View of front of Dwelling View looking at east side of dwelling o _ m T � Township o�IV' Cal � Paned Heritage, E—iring F«mm CD CD 0 Minor Variance 2019-A-36 (DesRoches) (C) 61 9 OL iff _ = _ _= OL CD CD .. -"CD OL m (D N View of the west side of dwelling View of the east side of the dwelling Q s' (DT Township 0 Cal � PrauA Heringge, Exciting Future � CD CD 0 Minor Variance 2019-A-36 (DesRoches) 9 -44 " t; y r -r (D (D N � N View looking east and west on Moonstone Road T Township of Pcurrd Heritage, E—irirrg FW CD CD 0 Minor Variance 2019-A-36 (DesRoches) Recommendation: Approval a, 1. That Report No. DS2019-089 be received and adopted. 2. That Minor Variance Application 2019-A-36 by Serge DesRoches, specifically to permit a non -complying building o or structure to be enlarged by way of a 29.4 square metres (317.0 square feet) second level addition with a 1.74 N metre front yard setback for a property located at 36 Moonstone Road West, Township of Oro-Medonte, be o approved cfl (fl 3. That the following conditions be imposed on the Committee's decision: __I 0 a) That notwithstanding Section 5.16 of Zoning By-law 97-95, the proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition on the property be substantially and proportionally in conformity with the dimensions 0 as set out on the application and sketches submitted and approved by the Committee; c� c) That the appropriate Zoning Certificate and Building Permit be obtained only after the Committee's decision T 2 becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3 N � 4. And that the applicant be advised of the Committee's decision under the Secretary -Treasurer's signature. _ CD � Township of Cal � PrauA Heringge, Exciting Future � 0 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... 1Owns�lip o f Report Proud Heritage, Exciting Future Report No. DS2019-086 To: Development Services Committee Prepared By: Danielle Waters, Planner _ Meeting Date: Subject: Motion # July 18, 2019 Minor Variance Application 2019-A-37 Brian & Lynda Shanahan R.M.S. File #: Roll #: 4346-020-001-01701 Not Assigned/ Roll # 4346-020- D13-056854 001-01701, CON 1 PT LOT 44 Medonte RP51 R10403 PART 2 Recommendation(s): Requires Action For Information Only 1. That Report No. DS2019-086 be received and adopted. 2. That Minor Variance Application 2019-A-37 by, Brian & Lynda Shanahan , specifically for permission to construct a dwelling containing an accessory apartment unit with a proposed floor area of 87.9 square metres (946.0 square feet) on the lands municipally known as Roll # 4346-020-001-01701, 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 0.25 hectares (0.62 acres) and is located on Penetanguishene Road, just North of Craighurst. The property is currently vacant land with a proposed single detached dwelling area of 310.4 sq. m. (3,341.0 sq. ft.), as shown on schedules 1 and 2 of this report. The surrounding land uses consist of large agricultural related uses and several rural residential land uses. The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Development Services Report No. DS2019-086 July 18, 2019 Page 1 of 10 Page 228 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... Section 5.4 c) Apartment Dwelling Units Accessory to a Single Detached Dwelling Required: Proposed: Maximum floor area — 70.0 square metres 87.9 square metres (946.0 square feet) (753.5 square feet) The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policy Statement (PPS) 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 and Section 1.4.3 — Housing are applicable to this application. Section 1.1.4 policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of this section. 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...". This application would not negatively impact the rural character of an area, and developing a lot which is permitted to have a single detached dwelling would be consistent with the policies. 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. 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. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Housing policies of the PPS. Development Services Report No. DS2019-086 July 18, 2019 Page 2 of 10 Page 229 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... 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 2.2.6 Housing is also applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed development is consistent with this section. The Growth Plan 2019 encourages a range and mix of housing options and the proposed dwelling with a second unit is in keeping with this section to meet the housing needs of current and future residents. Second units can provide affordable housing for residents as well as help with home ownership and additional income. 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 dwelling containing an accessory apartment unit is consistent with the Rural Areas policies in the Growth Plan 2019. This property was created by consent and is permitted to have a dwelling based on the Zoning By-law, and will be keeping with the rural character of the 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. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2019. County Official Plan The property is designated Rural Lands 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). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by keeping with the rural character of the area. Planning Act, R.S.O. 1990, c. PA 3 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 is 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 Development Services Report No. DS2019-086 July 18, 2019 Page 3 of 10 Page 230 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... 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 of the Official Plan? The subject lands are designated `Rural' in the Township's Official Plan. The objective of the Rural designation is "to preserve and promote the rural character of the Township and the maintenance of the open countryside." Pursuant to the policies of the Plan, permitted uses in the `Rural' designation include single detached dwellings. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned `Agricultural/Rural (A/RU)' in the Township's Zoning By-law 97- 95, as amended. The proposed development of a dwelling containing an accessory apartment unit is permitted within the A/RU Zone. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of an apartment with an increased floor area of 87.9 square metres (946.0 square feet). 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 proposed dwelling would maintain its outward appearance as a single detached dwelling. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure to stand -out, look out of place or detract from the character of the rural area. The proposed variance is desirable as will be constructed if approved in an area that is already cleared of trees. A building of this size is desirable as it will be located on a large rural lot with no impacts to adjacent neighbours. 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 is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Development Services Report No. DS2019-086 July 18, 2019 Page 4 of 10 Page 231 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... 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 is minor in nature due to the apartment being located within the proposed structure of the dwelling and complies with all setback requirements within the Agricultural/Rural (A/RU) Zone. As the proposed variance is considered to conform to the general intent of the Official Plan, the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk 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 Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Staff is of the opinion that the proposed development is consistent with the Strategic Plan. Development Services July 18, 2019 Report No. DS2019-086 Page 5 of 10 Page 232 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... 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 Operations Department: No concerns. Township Building Department: A building permit and septic verification will be required Township Engineering Department: No Objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Plan [Conclusion: Planning Staff recommends that Minor Variance Application 2019-A-37 be approved, specifically for permission to construct a dwelling containing an accessory apartment unit with a proposed floor area of 87.9 square metres (946.0 square feet) on the lands municipally known as Roll # 4346-020-001-01701, Township of Oro-Medonte, 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. DS2019-086 Reviewed by: Derek Witlib, RPP Manager, Planning Services July 18, 2019 Page 6 of 10 Page 233 of 455 6.h) 7.00 p.m. DS2019-86, Danielle Waters, Planner re- Minor Variance Ap... Schedule 1: Location Map W27 3617 3603 3g1r# 3666 356 3590 Schedule 1 Location ® Subject Lands Proud Hcrifnre, Exrrting Furore 0 200 m File Number 2019-A-37 N Development Services Report No. DS2019-086 July 18, 2019 Page 7 of 10 Page 234 of 455 6.h) 7.00 p.m. DS2019-86, Danielle Waters, Planner re- Minor Variance Ap... Schedule 2: Aerial Photos Schedule 2 Aerial Photo CSubject Lands File Number: 2079-A-37 Development Services Report No. DS2019-086 -.. 7Jun�s1. of Proud Heritage, Exciting Future o is m N I i i I July 18, 2019 Page 8 of 10 Page 235 of 455 6.h) 7.00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... Schedule 3: Applicant's Site Plans Schedule 3 Applicant's Site Plan File Number 2019-A-37 Pmwf 1 hi r.Lc, lice irin.t l mr+re Development Services July 18, 2019 Report No. DS2019-086 Page 9 of 10 Page 236 of 455 IB N2T3WW W IB I I I i I � PART 4 I N 3Y 29 30' W RES35' (P 3153�'-R 035) B Is R g as PART 3 1 I k PART 2, 51 R-10403 PIN 58527-0280 (LT) IB "" NJ2'29')5l•1 680 IB 80035) PART 10 IB 18(1035) int a reEaS� PART 9 PENETANGUISHENE ROAD LOCALLY KNOWN AS COUNTY ROAD 93 PIN 58527-0396(LT) Schedule 3 Applicant's Site Plan File Number 2019-A-37 Pmwf 1 hi r.Lc, lice irin.t l mr+re Development Services July 18, 2019 Report No. DS2019-086 Page 9 of 10 Page 236 of 455 6.h) 7.00 p.m. DS2019-86, Danielle Waters, Planner re- Minor Variance Ap... Schedule 4: Elevation Plan: Y - 1e0" 6#"1191 t 9 1 i b I _a�xen�a�a, iuirri '•"�"°`rein cn!a� Schedule 4 Applicant's Elevation Drawings File Number 2019-A-37 Proud Heri(nQe, Esritiut Future Development Services July 18, 2019 Report No. DS2019-086 Page 10 of 10 Page 237 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Thursday, June 27, 2019 9:52 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-37) Shanahan Building Division comments are as follows; 1. A building permit and septic verification will be required for the proposed. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 238 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Thursday, June 27, 2019 1:07 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-37) Shanahan Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 239 of 455 6.h) 7:00 p.m. DS2019-86, Danielle Waters, Planner re: Minor Variance Ap... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Thursday, June 27, 2019 9:22 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-37) Shanahan Teresa Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 240 of 455 6.h) 7:00 p.m. DS2019-86, Danieg6lWgteA1 M�leprWnWRD(�cVg fit 6h Additional correspondence received COUNTY OF -.� SIMCOE fi County of Simcoe Transportation and Engineering 1110 Highway 26, Midhurst, Ontario L9X 11\16 Andy Karaiskakis Secretary -Treasurer Committee of Adjustment Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Dear Mr. Karaiskakis, Main Line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 7984 Web: simcoe.ca TRANSPORTATION AND JW ENGINEERING 9=-;—, RE: Minor Variance Application File No. A37/19 (Shanahan) Part Lot 44, Concession 1, Township of Oro-Medonte, County of Simcoe July 17, 2019 * VIA E -Mail * Thank you for circulating the above -noted application to the County of Simcoe for review. The County of Simcoe has no objection to the approval of the application, provided the following condition is included: The applicants shall apply to the County of Simcoe for a setback variance (form attached) to allow the reduction in setback from County Road 93 for the well from 15 metres to approx. 9.0 metres. Prior to issuing a building permit by the Township of Oro-Medonte, the applicants shall obtain written clearance from the County for the above -noted condition. The County will require an Entrance permit for the proposed entrance. The maximum width of residential entrances is 6.0 metres. The County will not allow the entrance to be 7.0 metres wide. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me at the phone number below. Sincere,— ! The G®rpor tib of the.,,County of Simcoe P Murphy, Sc., C.Tecb. ngineering/technician It (705) 726-9300 ext. 1371 C. C. Julie Scruton, County of Simcoe Dan Amadio, County of Simcoe X:\PLN\D - Development & Planning D\D07 to D14 Development Correspondence\Oro-Medonte\D10 Severance & D13 Variances\2019\OM-A-1937 CR 93 Shannahan\T&E Comments July 17, 19.doc Page 241 of 455 Minor Variance 2019-A-37 (Shanahan) Address: Roll # 4346-020-001-01701 Penetanguishene Road Zoning• Agricultural/Rural (A/RU) Official Plan: Rural Existine Develoament: Vacant land N N O 0 Township 0 Cal PrauA Heringge, Excilin8 Future _i Minor Variance 2019-A-37 (Shanahan) 3 0 0 The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: o N (D Section 5.4 c) Apartment Dwelling Units Accessory to a Single Detached Dwelling Required: Proposed: Maximum floor area — 70.0 square metres 87.9 square metres (946.0 square feet) `D m (753.5 square feet) cD cn CD N � (D W .. Township of (3l O PrauA Heringge, Exciting Future / n D Minor Variance 2019-A-37 (Shanahan) Aerial N O rn 0 v cD m cD cn IR CD (D 1� Township of � O PrauA Heritgge, Exciting Future / n D v CD N U1 O U1 U1 Minor Variance 2019-A-37 (Shanahan) CO N57'30'25E W 2.T7 CO 4 w C A N z CO a C, Ij Iwo � I � I I . W. N5rW25"E — T LT j 2.77 NF1 $ SET) 45,72 U 42.85..•_32,25..—..—..—. N57'3025E i _x ------------------ -- Z- - o I _ ---_-------T I ; I r� • ,•� � � I z I SWI NI I • I � I I -----------�------------------------ (Pi B MEMsi ----------------------- (PiBMEMsi_.—.. —45.72— 3 .. ..—..—..—..—..---. a 42.95'— 32.25 N57°30'25'E Applicants site plan Township of Prated Herif,rge, Esciring Falure Minor Variance 2019-A-37 (Shanahan CD . N O 01 �- - CO Applicants - rn elevation ev�vetia� A� NON10CM86M A1.3 ^� drawings CD' LF: - - � v� �mm ALS lV � N � Township of 0 Cn O PrauA Heringge, Excising Future / n D Minor Variance 2019-A-37 (Shanahan) Notice sign posted Cn N O 0 v LU r -r cn IR (D (D Township of O Pratod Heritage, Exciting Falure / n D v (D N 00 O Cn Cal Minor Variance 2019-A-37 (Shanahan) View North and South on Penetanguishene road MR N O (D (D (D cn (D (D (�1i/ Tou�rufiip ofi4���. V ic(�f Pco,ed Hrrif,rge, E—irmg F«mre / 0 D v (D N 0 Cn Cn Minor Variance 2019-A-37 (Shanahan) Side lot line views MR Township of O PrauA Heringge, Excising Future / n D Minor Variance 2019-A-37 (Shanahan) Stakes posted for position of dwelling N O Cfl rn 0 v cD m CD cn CD CD v m N 0 O C n Toof Cal PrauA Heringge, Exciting Future N O Cfl rn 0 v cD m CD cn CD CD Minor Variance 2019-A-37 (Shanahan) Recommendation: Approval o 1. That Report No. DS2019-086 be received and adopted. 0 2. That Minor Variance Application 2019-A-37 by, Brian & Lynda Shanahan , specifically for permission to construct N a dwelling containing an accessory apartment unit with a proposed floor area of 87.9 square metres (946.0 0 square feet) on the lands municipally known as Roll # 4346-020-001-01701, Township of Oro-Medonte, be approved. o0 3. That the following conditions be imposed on the Committee's decision: rn 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 applicant applies for and obtains a County variance to permit an approximate 9.0 metres front yard setback for the well; and, cn d) That the appropriate Zoning Certificate and Building Permit be obtained only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 1. And that the applicant be advised of the Committee's decision under the Secretary Treasurer's signature. m (D Township of O 0 PrauA Heringge, Exciting Future / n D 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Township )f Report }C&"Aoll Proud Heritage, Exciting Future Report No. DS2019-093 To: Development Services Prepared By: Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 18, 2019 Minor Variance Application 2019-A-38 Hal Gaber & Wendy Presley 1 Goss Road Roll #: 4346-030-010-13300 R.M.S. File #: D13 56860 FR—ec—omme—ndationn(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-093 be received and adopted. 2. That Minor Variance Application 2019-A-38 by Hal Gaber & Wendy Presley specifically to permit construction of a second storey addition, a sun room, an attached garage and the replacement of a deck to an existing single detached dwelling with the following variances: a reduced front yard of 2.38 metres (7.8 feet); a reduced rear yard of 5.36 metres (17.5 feet) to deck stairs, 6.87 metres (22.5 feet) to a deck and 9.31 metres (30.5 feet) to a sunroom from the average high water mark of Bass Lake; a reduced westerly interior side yard of 0.22 metres (0.7 feet) to a second storey, an increase in floor area within the required westerly interior side yard and a reduced easterly interior side yard of 1.12 metres (3.6 feet) to an attached garage; on lands municipally known as 1 Goss Road, be deferred to provide the applicant the opportunity to revise the application in response to Township Staff and agency comments. 3. That the applicant be advised that recirculation of a revised application is subject to a re -circulation fee of $250 pursuant to the Township's Fees and Charges By- law No. 2018-044. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Background— — — - — — —1 — —L : — ------------------ 7 ------------------------ ----------------- The subject lands are located on the south side of Goss Road (private road) and have shoreline frontage on Bass Lake. The lot has an area of 0.047 hectares (0.12 acres) and is currently used as a residential lot. Refer to Schedule 1 (Location Map) and Schedule 2 (Aerial Photo). Development Services July 18, 2019 Report No. DS2019-093 Page 1 of 12 Page 252 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... The applicants are proposing the following additions to an existing dwelling: second storey living space, an attached garage with living space above, a sunroom and the replacement of deck. The applicants have requested relief from the following sections of Zoning By-law 97-95: Table B1 — Standards for Residential Limited Service Zone, Section 5.16.1(b) and Section 7.2 : Minimum Front Yard Minimum Rear Yard Minimum Interior Side Yard Enlargement, Repair or Renovation of Non - Complying Building Required 7.5 m (24.6 ft) 15 m (49.2 ft) from Average High Water Mark of Bass Lake 1.5 m (4.9 ft) No increase to floor area permitted in a required yard Proposed 2�38�.8�ft to garage • 9.31 m (30.5 ft) to sun room • 6.87 m (22.5 ft) to deck • 5.36 m (17.5 ft) to stairs • 1.12 m (3.6 ft) to garage • 0.22m (0.7 ft) to 2nd storey Additional 2nd storey floor area in westerly interior side yard 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, Section 2.1 — Natural Heritage and 2.2 Water and 3.1 — Natural Hazards are applicable to this application. Section 1.1.4 and 1.1.5 policies have been reviewed and Planning Staff is of the opinion that this application is consistent with the forms of rural residential uses that are permitted by the PPS. Since no significant woodlands, wetlands, valley lands, wildlife habitat and areas of natural and scientific interest such significant natural features have been identified in relation to the subject lands by the Official Plans for the County and Township, Planning Staff is of the opinion that this application is consistent Section 2.1. Development Services Report No. DS2019-093 July 18, 2019 Page 2 of 12 Page 253 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... However, based on preliminary comments that the Township has received from the Nottawasaga Valley Conservation Authority (NVCA) expressing concerns with the proximity of the proposed development to Bass Lake, Planning Staff at this time cannot find the application to be consistent with Sections 2.2 and 3.1 of the PPS. Township Building Staff have also provided preliminary written and verbal comments to Planning Staff and as of the preparation of this report it is not known whether the proposed septic system will be adequate to support the proposed increased dwelling size. A proper functioning septic system in such close proximity to Bass Lake is an important water quality consideration. Therefore Committee should have regard for any additional comments that may be received from the NVCA or Building Staff. 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. Sections 2.2.9 (Rural Areas) and 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features) are applicable to this application. 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. However the development is adjacent to a Growth Plan Key Natural Heritage Feature, namely Bass Lake. The subject lands are also located in an established and developed shoreline area pursuant to Section 4.2.4.5 of the Growth Plan, which permits development subject to municipal and agency planning and regulatory requirements and criteria that include the restoration of shoreline ecological features and functions to the extent possible. In this case the Nottawasaga Velley Conservation Authority preliminary comments do not support the application a proposed. Planning Staff at this time cannot find the application to be in conformity with Section 4.2.4.5 of the Growth Plan. 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. Section 4.5.28 states that development in shoreline areas must address, among other matters, the protection of water quality. In Planning Staff's opinion, the applicant's minor variance has not yet demonstrated conformity with the County Official Plan, as the capability of the lands and the proposed septic system to accommodate the development has not yet been confirmed. Development Services July 18, 2019 Report No. DS2019-093 Page 3 of 12 Page 254 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... 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 is in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four -fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The Shoreline designation allows for limited shoreline development, including single detached dwellings. According to Section C5.1 of the Official Plan, the objectives of the Shoreline designation are: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Based on the comments received as of the preparation of this report from the NVCA and from Building Staff, Planning Staff cannot conclude that the natural features of the shoreline will be protected or that the proposed development can be adequately serviced by a septic system. Also relevant to this application is Official Plan Section D1.4.1 pertaining to roads. This section sets out lots fronting on private roads such as Goss Road shall be subject to Site Plan Control and a Holding provision to prohibit the redevelopment or enlargement of a dwelling until the Township is satisfied that the condition of the road is adequate to support the development, the development can be adequately serviced and the owner enters into a Site Plan Agreement to acknowledge the maintenance and emergency access limitations or the private road. For the Committee's information, the applicant has submitted a related Site Plan Approval Application (2019 -SPA -05) to the Township which is currently under review and reliant on the outcome of this Minor Variance Application. Based on the above, Planning Staff at this time cannot find the application to be in conformity with the Official Plan. Development Services July 18, 2019 Report No. DS2019-093 Page 4 of 12 Page 255 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Does the variance conform to the general intent and purpose of the Zonina By-law? The subject property is zoned Residential Limited Service Exception 2 — Holding (RLS*2 (H)) by the Township's Zoning By-law 97-95, as amended. A single detached dwelling is permitted in the RLS*2 Zone and if the requested variances are approved, the applicant would proceed to enter in the required Site Plan Agreement with the Township and Staff would present a by-law to Council to remove the Holding (H) provision from the zoning of the lands so that the owner could apply for a Building Permit. Planning Staff is satisfied that the proposed 7.5 metre (24.6 feet) front yard setback meets the purpose and intent of the Zoning By-law since adequate space would still remain for off-street parking in the driveway and the appearance of the streetscape would not be negatively affected. The proposed easterly side yard setback of 1.12 metres (3.6 feet) would in staff's opinion restrict but not prevent satisfactory space for access an maintenance around the proposed attached garage. Planning Staff also notes that the neighbouring property is currently treed and vegetated in this area and would not appear to have its used and enjoyment negatively impacted should this variance be allowed. With respect to the proposed second storey, additional floor space and the sunroom proposed along the westerly interior side yard, Planning Staff notes that the existing dwelling is already positioned with a deficient side yard of 0.22 metres (0.7 feet). It is Staff's opinion that the requested variances, if approved, would not aggravate the situation or negatively impact the use and enjoyment of the neighbouring property to the west. Planning Staff has concerns that the proposed rear yard setbacks from Bass Lake may not be adequate to protect the development from natural hazards such as flooding and erosion, based on the NVCA's preliminary comments. Planning Staff also notes that the current development relies on concrete a retaining wall along the easterly side lot line, which the applicant has proposed to demolish. The applicant should be made aware that in the event that a new retaining wall exceeding 1 metre in height is proposed, it would be treated as a structure by the Zoning By-law and therefore would require variance relief from the minimum required interior side yard setback. Based on the above, Planning Staff does not find all of the requested variances to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? As discussed earlier in this report, it is uncertain at this time whether the proposed septic system would be adequate to support the scale of the development proposed on the lot. Since the proposed development relies on the applicant obtaining approval of the requested variances, Planning Staff, cannot at this time find the variances to be desirable for the appropriate development of the lot. Development Services i July 18, 2019 Report No. DS2019-093 Page 5 of 12 Page 256 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Is the variance minor? The proximity of the proposed development to Bass Lake and associated water quality and natural hazard concerns and the current uncertainty regarding the ability of the lot to support a septic system adequate to support the proposed enlargements to the dwelling, Planning Staff cannot at this time find the variances to be minor. FF! n—an cial /Legal Implications /Risk Man�caement: i Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: i • 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: 1 In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism is promoted and strengthened. Planning Staff cannot at this time find the application to be consistent with the Strategic Plan, due to Staff's and the NVCA's concerns regarding the impact of the application on 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 and are summarized below: Development Services July 18, 2019 Report No. DS2019-093 Page 6 of 12 Page 257 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... • Township Development Engineering: No objection. Engineered Lot Grading Plan required. • Township Operations Division: No concerns or further comment as this is on a private road. • Township Building Division (preliminary comments): No structures permitted closer to lake than existing to prevent encroachment on already limited sewage envelope. Unknown if proposed septic system can support the increased living space. Proximity of west building face to lot line triggers Building Code requirements regarding non-combustible construction and restrictions to window/door openings. • Nottawasaga Valley Conservation Authority (preliminary comments): Do not think that encroachment into the flood hazard area of Bass Lake can be supported. Proposal size appears to exceed the NVCA's minor addition policy. [Attachmenits- Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Proposed Site Plan Schedule 4: Applicant's Proposed Elevation Drawings 71 CConclusion: Planning Staff recommends that Minor Variance Application 2019-A-38 be deferred. Planning Staff at this time cannot find the application to be in conformity with the Growth Plan or to meet the four minor variance tests of the Planning Act. Deferral would allow the applicant the opportunity to respond to the Township Staff and NVCA comments and revise the application if needed. Respectfully submitted: Derek Witlib, RPP Manager, Planning Services SMT Approval / Comments: Development Services Report No. DS2019-093 July 18, 2019 Page 7 of 12 Page 258 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Schedule 1: Location Map Development Services Report No. DS2019-093 July 18, 2019 Page 8 of 12 Page 259 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Schedule 2: Aerial Photo Development Services July 18, 2019 Report No. DS2019-093 Page 9 of 12 Page 260 of 455 6.i) 7.10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re- M... Schedule 3: Applicant's Proposed Site Plan GOSS ROAD F'. d� I ' fi'�Fj f S 7I i f r - k Development Services Report No. DS2019-093 July 18, 2019 Page 10 of 12 Page 261 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Schedule 4: Applicant's Elevation Drawings Front Elevation Rear Elevation Development Services Report No. DS2019-093 7-1 July 18, 2019 Page 11 of 12 Page 262 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... East Side Elevation West Side Elevation Development Services July 18, 2019 Report No. DS2019-093 Page 12 of 12 Page 263 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:55 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; planning@nvca.on.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, July 18, 2019 (2019- A-38) Gaber & Presley Teresa Development Engineering has No Objection to the above noted Application. 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 264 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Thursday, June 27, 2019 7:45 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-38) Gaber & Presley Teresa As this is on a private road, Operations has no concerns nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 265 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... From: Ashley Booth <abooth@georgebrown.ca> Sent: Thursday, July 11, 2019 1:10 PM To: Planning <Planning@oro-medonte.ca> Cc:'j.newmedia@gmail.com' <j.newmedia@gmail.com> Subject: Letter of support for 1 Goss Rd Hello, As residents of 4 Goss Rd, we would like to express our support for the additions our neighbours Hal Gaber and Wendy Presley are proposing to their property at 1 Goss Rd. The additions of a second storey living space, attached garage, sunroom and replacement of deck will greatly add to the beauty and value of the neighbourhood, and thus we fully support their application for relief of Zoning By-law 97-95. Thank you, Ashley and Jason Page 266 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... Nottawasaga Valley Conservation Authority 12 July 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Re: Committee of Adjustment Application File # 2019-A-38 1 Goss Rd, Lot 3 Con 1 Southern Division Township of Oro-Medonte, County of Simcoe Dear Mr. Karaiskakis, SENT BY EMAIL The Nottawasaga Valley Conservation Authority (NVCA) confirms receipt of the above - noted Committee of Adjustment application. The NVCA has assessed the proposal in accordance with our mandate and policies under the Conservation Authorities Act. The NVCA recommends that the Committee defer the application until such time as the applicant can revise their proposal to conform to the NVCA and Provincial guidelines. The subject property has frontage on Goss Rd and the rear yard backs on to the shoreline of Bass Lake. The NVCA regulates the floodplain and shoreline of Bass Lake, an inland lake. On this property the regulation limit extends roughly from the shoreline to 4.5m south of Goss Rd. Due to these features, a permit from the NVCA is required for development on this property. The application proposes development of a second storey living space, attached garage, sunroom and replacement of deck. The proposed development requires relief from the Township's zoning bylaw for reduced front yard, reduced rear yard as well as an increase to floor area in an enlargement, repair or renovation of a non -complying building - adding 2nd storey floor area the westerly interior side yard. The proposed development reduces the setback in the rear yard, encroaching into the 15m setback from the Average High Water Mark of Bass Lake by 9.64m. The Committee is advised that approval of the application as presented may result in permission for development which cannot be authorized under the Conservation Authorities Act due to the encroachment on Natural Hazards regulated by the NVCA. The NVCA advises that it is the responsibility of the applicant to demonstrate that the proposed development will not affect the control of flooding, pollution and conservation of land. From the information submitted, it appears as though the NVCA would not authorize permission for this development as it proposes encroaching further within the flood hazard and exceeds the maximum permitted size of addition to an existing structure under our Minor Addition Policy. Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T: 705-424-1479 F:705-424-2115 admin@nvca.on.ca • nvca.on.ca A member of Conservation Ontario Page 267 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... The NVCA could support an addition which conforms to our Minor Addition Policy: a flood - proofed structure, no larger than 50% of the original ground flood area of the existing structure OR a second story addition constructed in the same footprint of the existing structure. Any addition to an existing structure must be constructed as far away from the hazard feature as possible - it is our opinion that development can and should be directed closer to the road away from the flood hazard. Due to the topography of the site, safe access to the proposed dwelling is not a concern and no action on this is required. The NVCA recommends that the Committee defer the application until it can be demonstrated to NVCA that the development is consistent with our Planning and Regulations Guidelines (2009) and provincial policy on Natural Hazards. Should the Committee decide to approve the application, the NVCA recommends it do so subject to the following conditions: • The applicant must obtain a permit from NVCA prior to undertaking any development on the severed parcel. Thank you for circulating this application and please forward a copy of any decisions. Sincerely, Emma Perry Planner II Page 268 of 455 6.i) 7:10 p.m. DS2019-93, Derek Witlib, Manager, Planning Services re: M... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Friday, July 12, 2019 1:19 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca>; Witlib, Derek <dwitlib@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-38) Gaber & Presley Teresa, Building Division comments are as follows; 1. Proposed and existing construction must meet the requirements of the current septic permit. 2. Deck stair location is unacceptable. 3. Deck may not encroach on septic system, minimum clearances must be maintained. 4. Proximity of concrete steps to septic tank unacceptable. 5. Area, location and construction of exposed building face as well as permitted openings to be evaluated by architect/competent designer and proposed. 6. Full architectural drawings complete with floor areas included and all(new and existing) plumbing fixtures required. 7. Concern with overhear door. Protection from compaction of septic system required. 8. Retaining walls 1m or higher require a building permit, proposed construction will require a building permit. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 269 of 455 Minor Variance 2019-A-38 (caber/Presley) Address: 1 Goss Road Zoning: Residential Limited Service Exception Two (RLS*2) Zone Official Plan: Shoreline Existine Develoament: Single detached dwelling CDN O O i4 -P., Township of P,,wd Hrrirnge, Extifing Frcrnrr Minor Variance 2019-A-38abe._ Aerial Photo r/Presley) 0 O N O W (D (D C� W ZR DJ (D DJ Township of PrauA Heringge, Excising Future CD G n' CD U) CD Minor Variance 2019-A-38 (caber/Presley) The applicants have requested relief from the following sections of Zoning By-law 97-95: Table B1 — Standards for Residential Limited Service Zone, Section 5.16.1(b) and Section 7.2 : � v T � Required Proposed Minimum Front Yard 7.5 m (24.6 ft) 2.38 m (7.8 ft) to garage Minimum Rear Yard 15 m (49.2 ft) from Average High Water • 9.31 m (30.5 ft) to sun room Mark of Bass Lake 0 6.87 m (22.5 ft) to deck Cal • 5.36 m (17.5 ft) to stairs Minimum Interior Side Yard 1.5 m (4.9 ft) 0 1.12 m (3.6 ft) to garage G • 0.22m (0.7 ft) to 2nd storey Enlargement, Repair or No increase to floor area permitted in a Additional 2nd storey floor area in Renovation of Non -Complying required yard westerly interior side yard Building T � �_ N � N � Township of � Cal PrauA Heringge, Exciting Future G n' CD U) Minor Variance 2019-A-38 (caber/Presley) Applicant's Site Plan 57, 0 U) N O -- I C9 CA) 0 (D CD C� ZR i4I—A0. � Towrufiip of Cal Cn P,,,,ed Me, hope, E—iring Fat-, CD G n' CD (n CD M1� OOn ry • � �T _ _ aAr O. M+ i4I—A0. � Towrufiip of Cal Cn P,,,,ed Me, hope, E—iring Fat-, CD G n' CD (n CD Minor Variance 2019-A-38 (caber/Presley) Applicant's Elevation Drawings Front Elevation COC W Z3 Township of Cn PrauA Heringge, Excising Future CD G n' CD U) CD Minor Variance 2019-A-38 (caber/Presley) Rear Elevation CVC w Z3 Cn Township of CD PrauA Heritgge, Exciting Future G n' CD U) CD Minor Variance 2019-A-38 (Gaber/Presley East Side Elevation o 0 Cn _ N O i Z3 �Q CD �T (D V N 4 Z3 O i U1 Township of Cn Prnrrd Hrrrrcrge, Extifinkr Frmw, G n U) Minor Variance 2019-A-38 (caber/Presley) West Side Elevation N cc (D N v i4 Township of P,,wd Hrrirnge, Extirinkr Frrrrrrr _' 0 N O CD CO W CD CD C� CT CQ CD a. . G n U) Minor Variance 2019-A-38 (caber/Presley) 4 Existing Dwelling viewed from Goss Road Public Notice Sign � Township of (3l � Prwid Herif,rge, Exciting Famre CD G n' CD U) CD Minor Variance 2019-A-38 (caber/Presley) I N O CO W (D (D C� � (D (D Viewed west along Goss Road View east along Goss Road iv CO i41-4. 7OU7l${lI f3 Of / � V 1 P -ad Me, huge, E—iring Fnm.m CD G 0 CD U) CD Minor Variance 2019-A-38 (caber/Presley) Existing Dwelling viewed from Bass Lake Deck in relation to Bass Lake 00 CD � . of (PTownship Cal PrauA Heringge, Exciting Future CD G n' CD U) CD Minor Variance 2019-A-38 (caber/Presley) - — o - CO CD 4 e ,_r —0 (D CDD 00 Easterly interior side yard Westerly interior side yard � Township of CD Cal � Praisd Herirage, Exciring Fwaire G n' CD U) CD Minor Variance 2019-A-38 (caber/Presley) O s .� . 1 r } i 411 Y iA�1`�• L •ate F, pa• '"b` CD ,X •ef' •- r Al v Existing retaining wall `D CD N � 0 N � Towruftip of Cal P nlyd Hrrrruge, 6-rcirmg F«mre CD G 0 CD U) CD v m N 00 W O_ (3l Minor Variance 2019-A-38 (caber/Presley) Recommendation: That Minor Variance Application 2019-A-38 be deferred to provide the applicant the opportunity to revise the application in response to Township Staff and agency comments. 41 ZR v m IM -4isomCn �. Towrulrip of Pnnrd Hrriicr�e, F—iring Fnrnrr, CD G n' CD CD 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... Report 71ownship of Proud Heritage, Exciting Future Report No. To: Prepared by: DS2019-090 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # July 18, 2019 Consent Application 2019-B-13 Roll #: Jovan Markov R.M.S. File #: 4346-010-009-47900 Con. 8, W PT Lots 26 & 27, D10-056859 Plan 606 Lots 417 TO 432 433 TO 445 & RP 51 R37008 Part 2. Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-090 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2019-B-13 to permit a boundary adjustment consisting of a severed parcel having an area of approximately 5.05 hectares (12.47 acres) and a depth of approximately 180.0 metres (590.5 feet) that is to be merged with an abutting parcel to the south and east; and a retained parcel consisting of a lot area of approximately 5.51 hectares (13.61 acres) and a depth of approximately 280.0 metres (918.6 feet), subject to the following conditions: a) That the severed lands with an area of approximately 5.05 hectares (12.47 acres) and approximately depth of 180.0 metres (590.5 feet) with no municipal address on be merged in title with the abutting property to the south and east, municipally known as 16 Barbara Avenue, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary -Treasurer indicating that the necessary steps to implement the conveyance will be taken to implement the conveyance and to consolidate the parcels to one Property Identification Number. b) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary - Treasurer. c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. d) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services Report No. DS2019-090 July 18, 2019 Page 1 of 7 Page 284 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... e) That a Certificate of Consent be issued with respect to the severed parcel utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the severed parcel with the abutting parcel to the west. f) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a turnaround easement at the north end of Barbara Avenue, dimensioned to the satisfaction of the Director, Operations and Community Services. 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. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Background: The application is for a boundary adjustment consisting of a severed parcel having an area of approximately 5.05 hectares (12.47 acres) and a depth of approximately 180.0 metres (590.5 feet) that is to be merged with an abutting parcel to the south and east; and a retained parcel consisting of a lot area of approximately 5.51 hectares (13.61 acres) and a depth of approximately 280.0 metres (918.6 feet). The subject property does not have road frontage. The property is approximately 10.51 hectares (25.96 acres), and is currently vacant. A Location Map is included as Schedule 1 to this report. Surrounding land uses are predominately -residential uses and a few larger tracts of land that are not used for agricultural purposes. The benefitting lands also support a single detached dwelling. The applicant's consent sketch is included as Schedule 3 to this report. Analysis: Provincial Policies i 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 Development Services July 18, 2019 Report No. DS2019-090 Page 2 of 7 Page 285 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including easements which do not result in the creation of a new lot. The policies of A Place to Grow, Growth Plan for the Greater Golden Horseshoe (2019) have been reviewed and do not affect these applications, since the proposed boundary adjustments do not represent "development" as defined by the Growth Plan. Based on the above, the proposed boundary adjustments conform to applicable Provincial policies. Lake Simcoe Region Conservation Authority The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of a watercourse (Barillia Creek) through the middle of the property and associated erosion hazard and unevaluated wetland. Much of the property is wooded and the entire property is designated Greenlands in the County of Simcoe Official Plan. The Greenlands designation permits consents for legal and technical reasons provided that no new lot is created. The provided materials indicate the proposed severed land will be added to the southern property which currently has a single dwelling and it is noted the proposed lot line adjustment will not create a new residential lot. LSRCA is satisfied from a watershed management perspective that the proposed lot line adjustment is consistent with the PPS and in conformity with Provincial Plans and policies including the LSPP. Countv of Simcoe Official Plan The subject lands are designated "Rural Lands" and "Greenlands" in the County of Simcoe's Official Plan. Section 3.3.5 of the County's Official Plan, states that "Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation". The County's Official Plan defines `technical' as minor boundary adjustments. On this basis, the proposed consent appears to generally conform to the policies of the County of Simcoe's Official Plan. The County has been circulated the subject application and at the time of writing of this Development Services Report No. DS2019-090 July 18, 2019 Page 3 of 7 Page 286 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... report, comments have yet to be received by Township staff. Committee members should have regard to any County comments. Township of Oro-Medonte's Official Plan The subject property is designated `Shoreline' and `Rural' in the Township's Official Plan. Section D2.2.2 -"Boundary Adjustments", provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries; provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed and does not affect the viability of the current uses. As such, the proposed boundary adjustment is generally in keeping with the intent of the residential policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2. Township of Oro-Medonte's Zoning By-law 97-95 The retained and severed lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The severed and retained parcels would have frontages and lot areas that meet the requirements of the Zoning By-law and the proposed application will not change the current use of either property. The retained lands does not have frontage on a public street. Section 5.10 of the Township's Zoning By-law 97-95 prohibits property owners from constructing any building or structure unless the property abuts a street which is assumed by a public authority. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeals Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2019 • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Development Services Report No. DS2019-090 July 18, 2019 Page 4 of 7 Page 287 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... Corporate Strategic Goals: Balanced Growth: The application is aligned with the objectives of the Balanced Growth strategic goal by protecting our natural environment, as the Lake Simcoe Conservation Authority regulates the lands subject to this application, and the LSRCA was circulated and provided comments to the Township. 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: • Operations Department: Operations will require a enough land at the end of Barbara Avenue for the future construction of a cul-de-sac in accordance with Standard No. 3.5-04. - Local Residential Cul -De -Sac. • Simcoe County District School Board: No objection. • Building Division: No comment. • Bell Canada: No concerns • Engineering Department: No objections. • Lake Simcoe Conservation Authority: Satisfied from a watershed management perspective that the proposed lot line adjustment is consistent with the PPS and in conformity with Provincial Plans and policies including the LSPP. Attachments: Schedule 1: Location Map Schedule 2: Aerial Image Schedule 3: Applicant's Severance Sketch Schedule 4: LSRCA comments Conclusion: In the opinion of the Planning Department, Consent application 2019-B-13 complies with the provisions of the Township's Zoning By-law, and conforms to the Places to Grow policies, the Official Plans for the County and the Township, and to the Provincial Policy Statement 2014, and meets the requirements of Section 45 (1) of the Planning Act. �Resp�ectf II sbmitted: R viewed by: Todd W ,atherell, RPP, CPT erek Witlib, RPP Intermediate Planner Manager, Development Services SMT Approval /Comments: Development Services Report No. DS2019-090 July 18, 2019 Page 5 of 7 Page 288 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... Schedule 1: Location Map Schedule 2: Aerial Image Development Services Report No. DS2019-090 July 18, 2019 Page 6 of 7 Page 289 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... Schedule 3: Applicant's Severance Sketches Ls]T . �I �l �I ] r• ��JJJ a i Development Services July 18, 2019 Report No. DS2019-090 Page 7 of 7 Page 290 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 10:17 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-6- 13) Markov Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 291 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... From: Moyle, Jacqueline <jacqueline.moyle@bell.ca> Sent: Tuesday, June 25, 2019 1:45 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: 705-19-301 RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-B-13) Markov Hi Teresa, Re: 2019-B-13 Details: • Consent Application • CON 8 W PT LOTS 26&27 PLAN 606 LOTS 417 TO 432 433 TO 445 & RP 51 R7008 PART 2 • 16 BARBARA AVE • Township of Oro-Medonte • Bell File 705-19-301 Subsequent to review by our local Engineering Department of the subject lands for the above noted consent file, it has been determined that Bell Canada has no concerns with respect to the proposed application. If there are any questions or concerns, please do not hesitate to contact me. Thanks Jacquie Jacqueline Moyle External Liaison Bell Canada Right of Way 140 Bayfield St. FL 2 Barrie, ON, L4M 3131 P: 705-722-2636 F: 705-726-4600 0acgueline.moylea-bell.ca Page 292 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 10:03 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; info@Isrca.on.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, July 18, 2019 (2019-6- 13) Markov Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 293 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Wednesday, June 26, 2019 7:56 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-6- 13) Markov Teresa Operations will require a enough land at the end of Barbara St for the future construction of a cul-de-sac in accordance with Std. No. 3.5-04. — Local Residential Cul - De -Sac. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 294 of 455 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate Planner re: Cons... Lake Simcoe Region C) conservation authority Sent by E-mail: akaraiskakis@oro-medonte.ca July 8, 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mrs. Karaiskakis: Re: Consent Application Con 8, Part Lots 26 and 27 Township of Oro-Medonte www. LSRCA.on.ca File No: 2019-B-13 IMS File No.: CO -403192-062419 Thank you for circulating the Lake Simcoe Region Conservation Authority (LSRCA) on the above noted consent application. We understand that the purpose and effect of this application is to permit a boundary adjustment The LSRCA has reviewed the applications in context of the Provincial Policy Statement (PPS), the Growth Plan (2017), Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. Current environmental mapping shows that the subject property is partially within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. This is representative of a watercourse (Barillia Creek) through the middle of the property and associated erosion hazard and unevaluated wetland. Much of the property is wooded and the entire property is designated Greenlands in the County of Simcoe Official Plan. The Greenlands designation permits consents for legal and technical reasons provided that no new lot is created. The provided materials indicate the proposed severed land will be added to the southern property which currently has a single dwelling and it is noted the proposed lot line adjustment will not create a new residential lot. LSRCA is satisfied from a watershed management perspective that the proposed lot line adjustment is consistent with the PPS and in conformity with Provincial Plans and policies including the LSPP. 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 295 0IF459•800.465.0437 6.j) 7:20 p.m. DS2019-90, Todd Weatherell, Intermediate RkMi%woeP-QOMs... conservation authority Page 2 of 3 Should you have any questions concerning these comments, please do not hesitate to contact the undersigned. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner Page 296 of 455 Consent 2019-B-13 (Markov) Location: East of Line 7 South & North of Sophia & Barbara Avenues Zoning: I V' Environmental Protection(EP) PPO P", WO Official Plan: Rural Existing Development: ® Subject LandsOL N Vacant o � � Townshipof�'' �� Ul � Praisd Herirage, Exciring Fwaire n 0 3 v CD N CD 00 O h Cr Consent 2019-B-1 3 (Markov) Consent Application 2019-13-13 proposes a boundary adjustment, as follows: i4 Township of P,,wd Hrrirnge, Extifing Fw-,, N O 0 N O (D 6 O 0 iZ iZ m m m CD 3 CD (D CD CD n 0 3 (n Lands to be Severed Lands to be Total Merged Lands Retained (Receiving Lands —16 Barbara Avenue.) Frontage Nil 200.0 m. 20.0 metres (65.6 ft.) (Approx.) (656.1 ft.) Depth 180.0 m. (590.5 ft.) 280.0 m. 180.0 m. (590.5 ft.) (Approx.) (918.6 ft.) Area 5.05 ha (12.47 ac.) 5.51 ha 13.15 ha (32.49 ac.) (Approx.) 13.61 ac. i4 Township of P,,wd Hrrirnge, Extifing Fw-,, N O 0 N O (D 6 O 0 iZ iZ m m m CD 3 CD (D CD CD n 0 3 (n Aerial Photo Consent 2019-B-1 3 (Markov) N O I N O O < Q s � y (DD v � cru � coco �a o � cn Townshipof�'' �� Cil � PrauA Heringge, Excising Future � (D l J 0 1 Consent 2019-B-1 3 (Markov) Applicant's Sketches n I 1 Ad- A�1N4 LOT 26 CON 8 k 57, N O M, I N O_ QD O � Q LOT 26 CON 8 �QC LOT 27 CON LOT 26 CONE Ij.,A LOT 27 CON - Q Z)7 (D a (D LOT 26 CON 8 LOT 26 CON a $ LM 27, CON a ` ^rte LOT, t, 7,CONN8 � G� Y, 3 O C26I B O OT 27rrrti R 'rt Township of Cil � PrauA Heringge, Excising Future � (^ l J 0 1 4'• tz20 'al Consent 2019-B-1 3 (Markov) N O M, I N O CO 6 O - ;,moi., ` - .,,._ wy - • _t a. =7 I� NOW Dwelling and attached garage on benefitting lands m w � CD Township ofCn� PrauA Heritgge, Exciting Future � (^ l J 0 3 v (D w 0 CA) 0 (P Consent 2019-B-13 (Markov) M l J 0 3 in Recommendation: Approval (D Conditions: _0 a) That the severed lands with an area of approximate) 5.05 hectares 12.47 acres) and approximately depth of 180.0 metres (590.5 feet) with no municipal address on be merged in title with the abutting propertyto he south and east, municipally known as 16 Barbara Avenue, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply o any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall -be provided to the Secretary- Treasurer indicating that the necessary steps to implement the conveyance will be taken to implement the conveyance and to consolidate the N (D parcels to one Property Identification Number; b) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer; (D c) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; --I d) That all municipal taxes be paid to the Township of Oro-Medonte; Q e) That a Certificate of Consent be issued with respect to the severed parcel utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to Q_ merge the severed parcel with the abutting parcel to the west; f) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and cD encumbrances, a turnaround easement at the north end of Barbara Avenue, dimensionedtothe satisfaction of the Director, Operations and Community Services. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together Zr cD 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 (D Applicationunder The Land Titles Act, R.S.O. 1990, as amended. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; g) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one of being imposed and/or two from the date of the year years if the transaction has been finalizedWARNING: Failing to fulfil the the 3 certificate not conditions within above -noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause fhe application to lapse and render this Decision null and void. (D 0L Township 0 PrauA Heringge, Exciting Future � CD CD l J 0 3 in 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... Report Township of Proud Heritage, Exciting Future Report No. DS2019-094 Meeting Date: July 18, 2019 Roll #: 4346-010-001-19800 To: Development Services Committee Subject: Consent 2019-B-14 and Minor Variance 2019-A-40 Michael & Heather Lacey 2442 Line 2 North Prepared by: Derek Witlib, Manager Planning Services Motion # R.M.S. File #: D10-56868 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-094 be received and adopted. 2. That Consent Application 2019-B-14 and Minor Variance Application 2019-A-40 by Michael & Heather Lacey for the creation of one (1) new agricultural lot (hobby farm) and from the minimum required lot area for hobby farm be deferred pending receipt of relevant agency comments. 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 5.28 hectares (13 acres) and are located on the west side of Line 2 North near the intersection with Bass Lake Side Road. The subject lands support s single detached dwelling an agricultural storage building and a number of small accessory buildings. Surrounding land uses mostly consist of agricultural and wooded lands (including a County Forest to the south) and there are rural non-farm dwellings located to the north and to the east. Refer to Schedule 1 (Location Map) and Schedule 2 (Aerial Photo). The applicants propose to create a new lot by Consent for the purposes of a hobby farm and the applicants' severance sketch is included as Schedule 3. The lands are proposed to be severed as follows: Development Services Report No. DS2019-094 June 5, 2019 Page 1 of 13 Page 304 of 455 Lands to be Severed: Lands to be Retained: Width: 100 m (328 ft) 441.85 m. (1,449.63 ft.) Depth: 100 m 328 ft 487.28 m. 1,598.68 ft. Area: 1.0 ha 2.47 ac. 18.62 ha. (46.00 ac.) Use: Hobby farm with existing dwelling Existing agriculture with equipment driveshed and proposed dwelling Development Services Report No. DS2019-094 June 5, 2019 Page 1 of 13 Page 304 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... A related Minor Variance Application (Application No. 2019-A-40) has been submitted in conjunction with this Consent Application. The applicants have requested the following relief from Zoning By-law 97-95 for the purposes of a lot proposed to severed: Table B4 — Standards for Agricultural/Rural Zone: Required Minimum Lot Area 2.0 hectares (4.9 acres) for Hobbv Farm Proposed 1.0 hectare (2.47 acres) The applicants have submitted the following documents in support of their application: • Planning Justification Report, Jones Consulting Group Ltd., June 14, 2019; and • Environmental Impact Study, Azimuth Environmental Consulting Inc., June 2019. 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). J The submitted Planning Justification Report concludes that the applications for consent and minor variance are consistent with the Provincial Policy Statement (PPS). Furthermore, the applicants' Environmental Impact Study (EIS) concludes that no negative impacts are expected on Natural Heritage Features. While the applicants have advised that the study was undertaken in consultation with the Nottawasaga Valley Conservation (NVCA), the Township has not received the NVCA's comments as of the preparation of this report. Based on the above, it is Planning Staff's opinion that while the applications appear to be consistent with the PPS, the NVCA's comments with respect to the EIS should be Development Services Report No. DS2019-094 June 5, 2019 Page 2 of 13 Page 305 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... obtained in order to validate the study's findings and thus confirm consistency with the PPS. Growth Plan for the Greater Golden Horseshoe (2017) The Growth Plan for the Greater Golden Horseshoe (2017) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application 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 "Oro Moraine Enhancement Area" 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 "Rural" policies of the Official Plan pursuant to Section B1.10.2.4(a). The subject Consent Application has been reviewed by Planning staff with respect to the Growth Plan policies. Section 2.2.9.3 of these policies state that "development outside of settlement areas may be permitted in rural lands for: a) The management or use of resources; b) Resource-based recreational uses; and, c) Other rural land uses that are not appropriate in settlement areas provided they: i. Are compatible with the rural landscape and surrounding local land uses; ii. Will be sustained by rural service levels; and, iii. Will not adversely affect the protection of agricultural uses and other resource-based uses such as mineral aggregate operations." The Growth Plan 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 Growth 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 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. However, through pre -consultation is has been established that the adjacent County Forest is a significant woodland within the meaning of the Growth Plan and that and Environmental Impact Study (EIS) is necessary. While the EIS was undertaken in consultation with the Nottawasaga Valley Conservation (NVCA), the Township has not received the NVCA's comments as of the preparation of this report. The submitted Planning Justification Report concludes that the applications for consent and minor variance conform to the Growth Plan. Based on the above, it is Planning Staff's opinion that while the applications appear to conform to the Growth Plan, the Development Services June 5, 2019 Report No. DS2019-094 Page 3 of 13 Page 306 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... NVCA's comments with respect to the EIS should be obtained in order to validate the study's findings and thus confirm conformity with the Growth Plan's Natural Heritage policies. The subject lands are not identified as being within the Province of Ontario's Agricultural System mapping and therefore these applications are not subject to Section 4.2.6 Agricultural System. 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 entirely within the Rural Designation. 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, 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 retained is designated `Greenlands' (refer to Schedule 6) 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. Development Services Report No. DS2019-094 June 5, 2019 Page 4 of 13 Page 307 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... 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, 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, however the County's comments have not been received as of the preparation of this report. The submitted Planning Justification Report concludes that the applications for consent and minor variance are conform to the County Official Plan. Based on the above, it is Planning Staff's opinion that while the applications appear to conform to the County Official Plan, the County's comments should be obtained in order to validate this conclusion. Township of Oro-Medonte Official Plan The subject property is designated "Oro -Moraine Enhancement Area" in accordance with Schedule "A — Land Use" of the Township's Official Plan (refer to Schedule 6). The subject lands also contain 'Significant Woodlands' and 'Environmental Protection 2' in accordance with Schedule "B — Natural Features" of the Township's Official Plan (refer to Schedule 7). The proposes location of the severed lot will be located outside of the 'Significant Woodlands' and 'Environmental Protection 2' area. Development Services June 5, 2019 Report No. DS2019-094 Page 5 of 13 Page 308 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... Pursuant to Section B1.10.2.4 of the Official Plan, lot creation in the Oro Moraine Enhancement Area may be considered in accordance with the policies of the "Rural" designation. Section C2.2 of the Township's Official Plan outlines the permitted uses within the "Rural" designation, which include agricultural and single detached dwellings. Section C2.3.1 significantly restricts residential severances and this application would not qualify as a residential severance under this policy. However, the Township's Official Plan does not prohibit agricultural severances in the "Rural" designation and planning staff is of the opinion that hobby farm severances can be considered as agricultural severances, provided that the parcel size meets the Township's minimum lot size for a hobby farm as set out in the Township's Zoning By-law. Section C2.2 of the Official Plan does not have direct policies that relate to the creation of a lot for agricultural purposes, and therefore the policies found in Section D2.2.1 (New lots by Consent) would apply and would be assessed. a) Fronts on and will be directly accessed by a public road that is maintained year round basis; The proposed severed and retained lands would have frontage on Line 2 North which is a public roadway maintained year-round by the Township of Oro-Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; This application proposes to create a hobby farm. Significant traffic volume will not be generated by any agricultural use if located on the proposed severed lands. The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns, but have advised that a Road Entrance Permit is required for the new driveway into the severed lot and that a 3.0 metre road widening across both the severed and retained 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; The application proposes to create an agricultural lot for the operation of a hobby farm with an existing single detached dwelling. The lands proposed to be retained contain an agricultural building and a future single detached dwelling is proposed. The uses and dimensions of both the severed and retained lands would comply with Zoning Bylaw 97- 95, as amended. e) Can be serviced with an appropriate water supply and means of sewage disposal, Development Services Report No. DS2019-094 June 5, 2019 Page 6 of 13 Page 309 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... The existing dwelling on the severed lot is currently being serviced by private individual on-site services (well and septic system). The owner shall confirm with the Township that there are no conflicts between the existing services and proposed lot lines. The applicant will be required at the time of submission of building permit to meet all requirements for septic system installation and private water supply for the retained lands. f) Will not have a negative impact on the drainage patterns in the area; The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands are designated "Oro Moraine Enhancement Area" and are thus not designated for significant levels of new development beyond the level of their current use, which is for single detached residential and agricultural/rural purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The lands subject to the severance are adjacent to a Significant Woodland. The applicants' Environmental Impact Statement has demonstrated conformity with all natural heritage policies of the PPS, Growth Plan and County of Simcoe and Township Official Plans, however peer review comments regarding the study from the NVCA have not been obtained as of the preparation of this report. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; The existing and proposed uses (dwelling, hobby farm) of the lands do not represent a significant threat to groundwater resources. Any future development would require appropriate approvals for a well, which would ensure it would not negatively impact the quality and quantity of groundwater. Based on the above and subject to the NVCA's concurrence with the findings of the EIS, the applications would appear to conform to the Township of Oro-Medonte 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 is in Development Services June 5, 2019 Report No. DS2019-094 Page 7 of 13 Page 310 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... effect on the date of the decision. Planning Staff has reviewed both applications against the PPS and the Growth Plan. 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). While the technical information provided (Planning Justification Report, Environmental Impact Study) conclude the development is consistent with/complies with Provincial policies, it is Planning Staff's opinion that the NVCA's comments are necessary to confirm conformity from Natural Heritage standpoint and compliance with Sections 3(5) and 51(24) of the Planning Act. 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. These four tests are analyzed below: Does the variance conform to the aeneral intent of the Official Plan? The subject lands are designated `Oro Moraine Enhancement Area' 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 alone appears to conform to the Official Plan. However, in this case the variance must be considered in text to the related consent application which the variance is needed to facilitate and as stated earlier in this report, Official Plan conformity should be definitively assessed once the NVCA's comments have been received. 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) by 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 1.0 hectares (2.4 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 lot. Therefore, Planning Staff is recommending that as a condition of minor variance approval the keeping of horses be prohibited on the new lot. 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. Development Services Report No. DS2019-094 June 5, 2019 Page 8 of 13 Page 311 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re- ... 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. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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. It is Planning staff's opinion the applications are consistent with the Strategic Plan, subject to the applicant's Environmental Impact Study being to the satisfaction of the NVCA. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Operations Division: 3.0 metre widening required across severed and retained lands. Road Entrance Permit will be required for new driveway. • Development Engineering: No objection. • Building Division: no comments. Development Services June 5, 2019 Report No. DS2019-094 Page 9 of 13 Page 312 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Severance Sketch Conclusion: Planning Staff recommends that Consent Application 2019-B-14 and Minor Variance Application 2019-A-40 be deferred pending receipt of NVCA and County comments. Respectfully submitted: Derek Witlib, RPP Manager, Planning Services SMT Approval / Comments: t- Development Services Report No. DS2019-094 June 5, 2019 Page 10 of 13 Page 313 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... Schedule 2: Aerial Photo (2016) Development Services June 5, 2019 Report No. DS2019-094 Page 12 of 13 Page 314 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... Applicant's Consent Sketch EXISTING & PROPOSED SITE 2442 LINE 2 NORTH TOWNSHIP OF ORO MEDOWTE Development Services June 5, 2019 Report No. DS2019-094 Page 13 of 13 Page 315 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 10:15 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Saunders, David <dsaunders@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-40) and (2019-B-14) Lacey Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 316 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:59 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Musso-Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-40) and (2019-B-14) Lacey Teresa Development Engineering has No Objection to either of the above noted Applications. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 317 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 7:55 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019- A-40) and (2019-B-14) Lacey Teresa Operation will require a 3.Om road widening across both the severed and retained lands for future roadwork at this intersection. The applicant should also be made aware that an Road Entrance Permit will be required for the new driveway. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 318 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... Nottawasaga Valley Conservation Authority 12 July 2019 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO SENT BY EMAIL Re: Committee of Adjustment Application File # 2019-A-40 & 2019-B-14 2442 Line 2 N Township of Oro-Medonte, County of Simcoe Dear Mr. Karaiskakis, The Nottawasaga Valley Conservation Authority (NVCA) confirms receipt of the above - noted Committee of Adjustment application. The NVCA has assessed the proposal in accordance with our mandate and policies under the Conservation Authorities Act. The property is not regulated by the NVCA therefore no permits are required for development on the severed or retained lots. The NVCA entered into pre -consultation with the applicant and provided scope on an Environmental Impact Study focusing on potential for impacts to the Natural Heritage System as the property is within the Provincial Mapping of the Natural Heritage System for Significant Woodlands. The NVCA did not receive the study with sufficient time to review the information presented. Should the Township wish for the NVCA to review the submission for conformity with Provincial Natural Heritage policy, we would be happy to do so and provide comments. Thank you for circulating this application and please forward a copy of any decisions. Sincerely, Emma Perry Planner II Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T: 705-424-1479 F:705-424-2115 admin@nvca.on.ca • nvca.on.ca A member of Conservation Ontario Page 319 of 455 6.k) 7:30 p.m. DS2019-094, Dere l �t111 2A�Aqqjo ir��� ' Tglee k�d Itiona co'pondence ecelve COUNTY OF SIMCOE IM July 16, 2019 County of Simcoe Planning Department 1110 Highway 26, Midhurst, Ontario L9X 1 N6 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Main Line (705) 726-9300 Toll Free (866) 893-9300 Fax (705) 727-4276 simcoe.ca Subject: County Comments regarding Consent Application County Files: OM -B-19014 Location: 2442 Line 2 North Owner/Applicant: Michael and Heather Lacey Mr. Karaiskakis, PLANNING 1 '� ** VIA EMAIL** Thank you for circulating the above noted consent application to the County of Simcoe for comment. County Planning staff understand that the applicant is proposing a severance to facilitate the creation of one (1) new lot. The severance would result in retained lands with an area of approximately 4.3 hectares and a severed lot with an area of approximately 1 hectare. Upon review of the application County Planning staff would like to offer the following comments. Planning Comments The subject lands are designated Rural and Greenlands, per Schedule 5.1 — Land Use Designations to the Simcoe County Official Plan (SCOP). The subject lands are part of the Growth Plan's Natural Heritage System. County staff note that the subject lands are designated Agricultural and Oro Moraine Enhancement Area in the Township's Official Plan and zoned Agricultural/Rural in Zoning By-law 97-95. An Environmental Impact Study was submitted by Azimuth Environmental Consulting Inc. (dated June 2019) in support of this application and has been provided to the Nottawasaga Valley Conservation Authority. The County supports the NVCA's request for additional time to review the submitted EIS for conformity with Provincial plans and policy. SCOP Section 3.7.8 a) permits the creation of limited residential development in the Rural designation provided that new lots are restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. The County acknowledges that this application represents limited residential lot creation, which may be permitted provided that the following criteria are met: 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; and b) the number of lots on the grid road system are restricted in order to maintain the rural character and road function and to avoid strip development. Strip development is lot creation in the Rural designation which is arranged in linear configurations of more than three non farm lots within 200 metres of the proposed lot line. Page 1 of 2 Page 320 of 455 6.k) 7:30 p.m. DS2019-094, Derek Witlib, Manager, Planning Services re:... COUNTY OF SIMCOE County of Simcoe Planning Department 1110 Highway 26, Midhurst, Ontario L9X 1 N6 Main Line (705) 726-9300 Toll Free (866) 893-9300 Fax (705) 727-4276 simcoe.ca A severance that would create strip development is not supported by the SCOP. PLANNING 1 '� A planning justification report was submitted in support of this application which identifies two residential properties directly to the north of the subject lands, identifies the use of the severed lot as Agricultural (Hobby Farm), and the use of the retained lands as Agricultural. The County's position is that a Hobby Farm is not an agricultural use, but rather a residential use that includes some agricultural activity as an accessory use to the principle (residential) use. The character of the rural designation can result in rural lots that have agricultural components without the lot being a farm property. Further to this, it is the County's position that the use of the retained lot is not necessarily agricultural by default, and simply because a numeric parameter for identifying what is an agricultural lot is not provided in the SCOP. The County understands that a local municipality may have its own criteria in place to assess what is an actual viable farm lot in the local context. The Township and Committee should satisfy themselves that this criteria has been adequately addressed and that this application will not result in strip development, a scenario which is prohibited by the SCOP. Please circulate the County with the future notices related to this application. If you have any questions, please do not hesitate to contact me. Sincerely, The Corporation of the County of Simcoe Anna Dankewich Planner II P: 705-726-9300 x1970 E: anna.dankewich(a)simcoe.ca cc: Derek Witlib, Manager of Planning — Township of Oro-Medonte (By Email Only) Emma Perry, Planner II — Nottawasaga Valley Conservation Authority (By Email Only) Taylor Pratt-Dafoe, Planner — Jones Consulting (By Email Only) Dan Amadio, Manager of Planning — County of Simcoe (By Email Only) Page 2 of 2 Page 321 of 455 Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) Address: 2442 Line 2 North Zoning• Agricultural/Rural (A/RU) Zone Official Plan: Oro Moraine Enhancement Area Existing Development: Single detached dwelling, accessory buildings, agricultural storage building W N Cn N O co 0 CD CD 0 CT CD LE T) Ul V7`[J� PrauA Heringge, Excilin8 Future CD G n CD U) CD Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) W 0 Purpose: The applicants have submitted Consent Application 2019-B-14 and related Minor Variance Application 2019-A-40 to facilitate the creation Cn of a hobby farm lot, as noted below: o 2019-B-14 c0 0 O (D (D X- 2019 -A-40 2019-A-40 v cD w N w Lands to be Severed: Lands to be Retained: Width: 100 m (328 ft) 441.85 m. (1,449.63 ft.) Depth: 100 m (328 ft) 487.28 m. (1,598.68 ft.) O (D (D X- 2019 -A-40 2019-A-40 v cD w N w (D M Required Proposed Minimum Lot Area for Hobby Farm 2.0 hectares (4.9 acres) 1.0 hectare (2.47 acres) (D M Township of � (C) � Cal PrauA Heringge, Exciting Future CD G n CD U) CD Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) EXISTING 6 PROPOSED SITE �... w O mi, L•J l� N O O O O Township of CQ Prmid Herif,rge, Exciting Famre V CD G n CD U) CD County of Simcoe Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) Official Plan o N Designations O Settlements coo Greenlands 0 CD Agricultural _ Rural Z3 c� CD CD N � 0 Z3 Z3 Township of Z3 � PrauA Herif,rge, Esriring Future V J G 0 Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) —4 o Township of Oro-Medonte 3 Official Plan 0 Orn Moraine Core/Corridor A,--- '1 N Orn Moraine Enhancement A` o ` co 41. A m I rn Pnnrd Hrriic��e, Fairing Fnrnrr V J G 0 CD rn Pnnrd Hrriic��e, Fairing Fnrnrr V J G 0 Zoning By-law 97-95 Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) w O r . Cfl f (D \V (D (�D N Townshipof � PrauA Heritgge, Exciting Future CD G n. CD U) CD Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) Cn N O CO O CO (D (D C� u � � v (D � CO Public Notice Sign` � Township of � � Cal PrauA Heringge, Excilin8 Future CD G n CD U) CD Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) w O _, Cn N O O O O -P D fD CD C� CDD iw View north along Line 2 N Views south along Line 2 N CO (P Townshipof � Cal PrauA Heritgge, Excising Future CD G n CD U) CD 1 � w: 4 Ye- M "� z` U19-13-14 0 1 9-A-40 Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) N O CO O CO (D (D C� 0 (D W View east of lands to be severed View west of lands to be severed � Township of � Cal T) PrauA Heringge, Exciting Future V CD G n CD U) Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) r _ CD CD W Agricultural storage building on lands to be retained View south-west of lands to be retained N CDZ3 O� �.� Z3 � Township of Z3 (Q PrauA Heringge, Exciting Future V G n. Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) Recommendation 2019-B-14 Approve with following Conditions: a) b) C) e3 f) That one copy of a Registered Reference Plan of the subject lands prepared byan Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer wY�ich conforms substantially with the application as submitted; 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 - That the applicant signs the Township's Memorandum of Understandingb which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges., paymenof cash in lieu of parkland, detailed design of a building or septic syystem, engineered lot grading, and water and sanitaryservicing, on either the vacant severed or retained parcel;TY�at the applicant pays $2,000.00 to the Township forhe severed lot created as cash -in -lieu of a parkland contribution; That the applicant successfully apply to the municipality to obtain a Minor Variance for a reduce lot area for a hobby farm; That the Applicant transfer to The Cor oration of the Township of Oro-Medonte ("Township") in fee simple, free and clear of all liens and encumbrances, a 3.0 metre wide roadwideningalong the entire frontage of the severed and retained lands adiacent to Line 2 North. 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 aood and marketable title thereto, free and clear of all liens and encumbrances. Further the Applicant's solicitor shall be responsible to seelo the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1994, as amended, to consolidate the 3.0 metre widening with Line 2 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. w 0 N That all municipal taxes be paid to e 1ownSH1p of Oro-Medonte, �Z 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, W That the conditions of consent imposed by the Committee be fulfilled within one year from the da a of the giving of the notice of decision (Approval 5 shall lapse where the conditions have not been fulfilled within oneyear of being imposed and/or two years from the date of the certificate if the v transaction has not been finalized). WARNING: Failin to fulfil the conditions within the above -noted statutory periods (Sections 53(41) C & 53(43), the Planning Act R.S.O. 1990) shall causeghe application to lapse and render this Decision null and void. � Township of Cal M,wd Hrriiage, E—iring Fnrnr, 11110k U) CD G n. CD CD Consent 2019-B-14 & Minor Variance 2019-A-40 (Lacey) 3 Cn Recommendation 2019-A-40 0 Approve with following Conditions: o a) That, notwithstanding Table B4 of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable p provisions of the Zoning By -Law; CD b) That, notwithstanding Section 6.0 — Definitions (Hobby Farm), on the severed lands the keeping of horses is prohibited. ZR 0 CD U) CD � v CD w � Township of � (C) � Cal PrauA Heringge, Exciting Future CD G 0 CD U) CD DEVELOPMENT SERVICES//�r pNES /�, / CONSULTING GROUP LTD, &-Erpl4NISNORTH, TOWNSHIP OF ORO-MEDONTe-'Af PLANNERS & ENG fNEERS APPLICATION FOR SEVERANCE (201 9-B-1 4) AND MINOR VARIANCE JULY 1 B, 201 9 PRESENTATION BY: GROUP LTD. TAYLOR PRATT-DAFOE, THE JONES CONSULTING w 0 3 IV O O (D (D C� Sv Sv (D iU (D G_ C7 (D in (D ,� SY vq Exisleng `o FART 1 SepNE'Ond Tile Bed r r. SEVERED (7.00 ha.) Exisling '�-��b•'-" well• G Shed n t PART 2 RETAIl+fEO (4.28 ha.) 0\1 �r ■ Pet r%'r'JONES /�, CONSULTING GROUP LTD, �+. flsPLANNERS & E NGPNEERS iuu.0 m 1.0 na z.0 na Hgrlcuiturai (Hobby Farm) 168.3 m 4.28 ha 2.0 ha Agricultural All +yn 'Jr' 4 Severed Lot T 1. 4 T f \AAM Retained Lot O (Q CD CA) W 00 O County Official Plan Township Official Plan LEGEND nRural G mbnlands Residential Rural Setdement Area y. Township Official Plan LEGEND nRural Agricultural Residential Rural Setdement Area Rural Residential C Restricted Rural Industrial - Commercial Shoreline Recreational Major open space Environmental Protectron One E_= Environmental Protection Two 0 Oro Moraine CoreiComdor Area Oro Moraine Enhancement Area ,$t ,fJONES rnNCUITINf. rRnIIP ITn. P L A N N E R S & E N 6 I N E E R 5 Township Zoning By-law N no w O N O CD O CD 41. CT Z3 Z3 U) G n 6.k) 7.30 p.m. DS2019-094. Derek Witlib. Manager. Plannina Services re- ... Ll a 10 _ C -k 0p t 7 W Q LU x U1 40 t m , d � _ y LU L) low C o o= O j V LU 6�. LU o o Q w •, t i• 9 n. 0 Page 339 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Report oia Township of . UPCV,;� 2W Proud Heritage, Exciting Future Report No. To: Prepared by: DS2019-087 Development Services Catherine McLean, Committee Planner Meeting Date: Subject: Motion # July 18, 2019 Consent Application 2018-B-08 Revised Roll #: Hewitt Creek Farms Ltd. R.M.S. File #: 4346-010-002-33100 200 Line 5 North D10-56315 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-087 be received and adopted. 2. That Consent Application 2019-13-08, pertaining to lands municipally known as 200 Line 5 North, to permit a boundary adjustment, be deferred to allow the applicant time to provide a Minimum Distance Separation (MDS) calculation prepared by a qualified professional that satisfies the MDS guidelines, or alternatively, that the applicant obtain a letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) stating that the proposed agreement will satisfy MDS requirements. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Background: Development Services Committee considered Consent Application 2019-13-08 at the April 3, 2019 meeting, wherein the applicant proposed a boundary adjustment which consisted of severing 17.8 hectares (44.0 acres) of farmland from 200 Line 5 North and merging it with the farmland to the north to form an agricultural lot with a total lot size of 40.47 hectares (100.0 acres). The retained agricultural lands would be 4.86 hectares (12.0 acres) in size and would contain the existing single detached dwelling, detached garage, three agricultural buildings and a silo. Development Services Committee received Staff Report DS2019-035 and deferred the application at the applicant's request. The agent revised the application to address the County's comments regarding the size of the retained lands and Planning Staff's concerns regarding the intended future use of Development Services Report No. DS2019-087 July 18, 2019 Page 1 of 13 Page 340 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... the agricultural buildings. The applicant now proposes a boundary adjustment as follows: Lands to be Severed I Lands to be Retained Total Merged Lands ' (Receiving Lands - Concession 5 N E Part Lot 19 RP 51 R32703 PART 2 Frontage 183.6 m. (602.3 ft.) 130.0 m. 497.2 m. (1,631.2 ft.) A rox. 426.51 ft. Depth 730.0 m. (2,395.0 ft.) 100.0 m. 730.0 m. (2,395.0 ft.) A rox. 328.1 ft. Area 21.4 ha (52.8 ac.) 1 1.3 ha 44.0 ha (108.8 ac.) A rox. 3.2 ac. The revised plans indicate that the agricultural buildings and silo will be located on the severed agricultural lands and they will be used by the future owner of the retained lands to begin his cattle operation. The retained 1.3 hectare (3.2 acre) residential lot will include the existing single detached dwelling and detached accessory building. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Schedule 3 illustrates the existing lot fabric and the revised boundary adjustment. Analysis: Provincial Policies Provincial Policy Statement (2014) The Provincial Policy Statement (2014) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.3 — Agriculture are applicable to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). Planning Staff have difficulty justifying that the revised boundary adjustment is `minor' in nature as what was once two agricultural parcels will become one agricultural lot and one residential lot. Alternatively, the PPS permits lot creation in prime agricultural areas in limited situations including the severance of a residence surplus to a farming operation as a result of farm consolidation. A `residence surplus to a farming operation' is defined as: "an existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation)" (p. 48, PPS, 2014). Although the application is for a boundary adjustment, meaning that no new lots are being created, Planning Staff can consider this application on the basis of a Development Services Report No. DS2019-087 July 18, 2019 Page 2 of 13 Page 341 of 455 l 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... severance of a residence surplus to a farming operation, as the purpose of the application is to sever the surplus dwelling to sell it to their farm manager and consolidate the farm parcels. The owner of the subject lands owns multiple farm parcels throughout the Township and surrounding municipalities. Section 2.3.4.1 (c) permits lot creation in prime agricultural areas for a residence surplus to a farming operation as a result of farm consolidation provided that: 1. The new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance" (p. 25, PPS, 2014). Planning staff are satisfied that the revised residential lot size has been kept to a minimum size to accommodate the appropriate well and septic system. Should this application be approved it would be subject to a Zoning By-law Amendment to rezone the farmland to prohibit future residential development. Section 2.3.3.3 states that: "new land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae" (p. 24, PPS, 2014). Since we have not obtained a Minimum Distance Separation calculation from a qualified professional that demonstrates that the proposed lot configuration complies with the MDS guidelines, Planning Staff are not able to conclude at this time that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject lands are considered prime agricultural lands as the soil is class 1-3; therefore, Section 4.2.6, Agricultural System, is applicable to this boundary adjustment. The Growth Plan does not contain specific policies that relate to boundary adjustments or farm consolidations; however, it speaks to protecting these areas for long-term agricultural use. Specifically, Section 4.2.6.5 states: "The retention of existing lots of record for agricultural uses is encouraged, and the use of these lots for non-agricultural uses is discouraged" (A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2017, p.47). Although no lands will be taken out of agricultural production, the building that was used as a barn for cattle, pigs and chickens may no longer be able to be used for livestock due to MDS concerns. As a result, Planning Staff are unable to conclude at this time that this application conforms to the Agricultural System policies of the Growth Plan 2017. County of Simcoe Official Plan The subject lands are designated Agricultural in the County of Simcoe's Official Plan. Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Development Services Report No. DS2019-087 July 18, 2019 Page 3 of 13 Page 342 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Although no new (additional) lot is being created, County Staff do not consider this a minor boundary adjustment. Simcoe County's full comments are attached as Schedule 4 to this report. The County recommends that prior to the approval of the proposed application, the applicants obtain a clearance letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) stating that the proposed agreement will satisfy MDS requirements. Should Development Services Committee decide to approve the application as proposed, the County has requested the following conditions: 1. That an application for a zoning by-law amendment be submitted and approved to prohibit new residential dwellings on the remnant parcel of farmland. 2. That a clearance letter be obtained from OMAFRA stating that the proposed agreement addresses MDS guidelines for this application. Township of Oro-Medonte's Official Plan The subject lands are designated 'Agricultural' in "Schedule A — Land Use" of the Township's Official Plan. The Official Plan has not yet been updated to include policies specific to the severance of surplus farm dwellings. Therefore, it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against Section D2.2.1 of the Official Plan which sets out general criteria applicable to all consent applications. These criteria and Planning Staff's comments are listed below: 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 on a year- round basis; Conforms: The subject lands front onto Line 5 North with driveway access for the retained and merged lands on the west side of Line 5 North, which is a public Township Road maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands do not have direct access to a Provincial highway or County road. c) will not cause a traffic hazard; Conforms: The Township's Operations Department had no concerns with this application. Development Services Report No. DS2019-087 July 18, 2019 Page 4 of 13 Page 343 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Does not comply: Both the retained and merged parcels would comply with the Zoning By-law's lot frontage and area requirements. Planning Staff have concerns that the proposed lot configuration could result in incompatible land uses due to the potential odour conflict resulting from the dwelling and livestock building being located on separate conveyable lots. The applicants have not demonstrated compliance with Section 5.37, Minimum Distance Separation, of the Township's Zoning By-law. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: The existing dwelling is already serviced by a well and private septic system. f) will not have a negative impact on the drainage patterns in the area; Conforms: The Development Engineering Division is responsible for matters related to drainage and has no concerns with the application. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands and surrounding parcels of land are not designated for development. h) will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: No natural heritage concerns have been identified by the Township and agencies in their review of this application. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Does not conform: Based on the fact that Planning Staff are unable to conclude that this application conforms with the PPS and Growth Plan due to the MDS concerns, Staff are unable to confirm at this time that the application conforms to Section 51 (24) of the Planning Act. Development Services Report No. DS2019-087 July 18, 2019 Page 5 of 13 Page 344 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Without the required MDS calculations, Planning Staff are unable to determine at this time whether the boundary adjustment will cause an odour conflict due to the proximity of incompatible land uses. Township of Oro-Medonte's Zoning By-law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) Zone in the Township's Zoning By-law 97-95, as amended. Both the lands to be retained and the total lands to be merged would have frontages and lot areas that comply with the Zoning By-law. In addition, the location of the existing single detached dwelling, detached accessory building and agricultural buildings comply with the Zoning By-law's minimum setbacks from the proposed revised boundaries. The revised plans indicate that the agricultural buildings and silo will be located on the severed agricultural lands and they will be used by the future owner of the retained lands to begin his cattle operation. As per Guideline #9 of the Ministry of Agriculture, Food and Rural Affairs' `The Minimum Distance Separation (MDS) Document': "An MDS I setback is always required for a proposed lot with an existing dwelling when prior to the consent, that dwelling is located on the same lot as an existing livestock facility or anaerobic digester and after the consent, the dwelling would be on a lot separate from that same existing livestock facility or anaerobic digester. This is because such a proposal could create a potential odour conflict as the dwelling and the livestock facility or anaerobic digester will be on separate conveyable lot if the severance is approved". (p. 20, The Minimum Distance Separation (MDS) Document: Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks, 2016) Based on Planning Staff's preliminary MDS calculations, the proposed lot configuration and use of the agricultural buildings as a cattle operation would not satisfy the required MDS setbacks. Planning Staff contacted the agent to obtain clarification on how the revised plans would comply with the MDS guidelines. He suggested that a condition be added to the consent that states that: "the existing barns may be used for livestock purposes for as long as the severed parcel is owned by Jeff Mascotto". In Planning Staff's opinion, this condition would be difficult to enforce in an agreement and does not satisfy the zoning provisions set out in Section 5.37, Minimum Distance Separation, of the Township's Zoning By-law. Due to the MDS concerns, Planning Staff are recommending that the application be deferred to allow the applicant time to provide a Minimum Distance Separation calculation prepared by a qualified professional that satisfies the MDS guidelines, or alternatively, that the applicant obtain a letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) stating that the proposed agreement will satisfy MDS requirements. Depending on the outcome of the MDS calculation, the applicant may apply for a Minor Variance for a reduction to the required MDS I setback subject to approval from OMAFRA. As a condition of consent approval, Planning Staff are recommending that the merged agricultural lands be rezoned to an Agricultural/Rural Exception Zone to prohibit future residential use. Development Services July 18, 2019 Report No. DS2019-087 Page 6 of 13 Page 345 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. [Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan • The Minimum Distance Separation (MDS) Document: Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks, 2016 [Co�rporateStrategic 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. Staff is of the opinion that the proposed development is consistent with the Strategic Plan. Consultations: 1 A notice sign was posted on the property and notice of the application was circulated to relevant 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: • Operations Department: No concerns. • Building Department: No comments. • Engineering Department: No objection. • County of Simcoe: See Schedule 4 [At�tachments: Schedule 1: Location Map Schedule 2: Aerial Image Schedule 3: Severance Sketch Schedule 4: County of Simcoe Comments dated July 10, 2019 Development Services July 18, 2019 Report No. DS2019-087 Page 7 of 13 Page 346 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Conclusion_ In the opinion of the Planning Department, Consent application 2019-B-08 should be deferred to allow the applicant time to provide a Minimum Distance Separation calculation prepared by a qualified professional that satisfies the MDS guidelines, or alternatively, that the applicant obtain a letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) stating that the proposed agreement will satisfy MDS requirements. Respectfully submitted: Catherine McLean Planner SMT Approval/ Comments: Development Services Report No. DS2019-087 Reviewed by: Derek Witlib, RPP Manager, Planning Services July 18, 2019 Page 8 of 13 Page 347 of 455 6.1) 7.40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Schedule 1: Location Map Schedule 1 Location' �Tvuf ®Proud Lands Proud Heritage, E.ecitrnr Future 0 300 Ill File Number: 2019-8-08 N I I I I Development Services July 18, 2019 Report No. DS2019-087 Page 9 of 13 Page 348 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Schedule 2: Aerial Image Schedule 2 Aerial Photo Subject Lands File Number: 2019-B-08 Development Services Report No. DS2019-087 Proud Heritage, Exciting Future 0 200 m N I i I t I July 18, 2019 Page 10 of 13 Page 349 of 455 6.1) 7.40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Schedule 3: Severance Sketch (Revised) Schedule 3 Severance Sketch 7iuvuleiy e!J � ,i C9/���f t�o�te File Number 2019-B-08 Proud Heritage, Ex, ithw Future Development Services Report No. DS2019-087 July 18, 2019 Pagel 1 of 13 Page 350 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... Schedule 4: County of Simcoe Comments dated July 10, 2019 S1C(WNTY [)f MCOE__y July 10, 2019 County of Simcoe Main Line (705) 726-9300 Planning Department Toll Free (866) 893-9300 1110 Highway 26, Fax (705) 727-4276 PLANNING Midhurst, Ontario L9X 1N6 simcoe.ca '-' VIA EMAIL" Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Subject: County Comments regarding Consent Application 2019-B-08 - Revised County File: OM -B-1908 Location: 200 Line 5 North Owner/Applicant: Hewitt Creek Farms Ltd. Mr. Karaiskakis, Thank you for circulating the County regarding the above -noted application. County Planning staff understand that the applicant has revised their application and is proposing to consolidate and enhance the agricultural lands to the north of 200 Line 5 North. The application proposes a lot that contains a residence with an approximate area of 1.3 hectares (3.2 acres), and an agricultural lot that would be approximately 44 hectares. Upon review of the application County Planning staff would like to offer the following comments. The subject lands are designated Agricultural, per Schedule 5.1— Land Use Designations to the Simcoe County Official Plan (SCOP). The province has also identified an agricultural system for the Greater Golden Horseshoe and the subject lands are located within the prime agricultural area. Section 2.3.4.2 of the PPS and Section 3.3.5 of the SCOP permit lot adjustments in prime agricultural areas for legal or technical reasons. Legal or technical reasons means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Although no new (additional) lot is being created, County planning staff would not consider this a minor boundary adjustment. The intention of prime agricultural areas is to protect land for long-term agricultural use. Section 2.3.4.1 of the Provincial Policy Statement (PPS 2014) states that lot creation in prime agricultural areas is discouraged and may only be permitted for agricultural uses, agricultural -related uses, a residence surplus to a farming operation as a result of farm consolidation, and infrastructure. Section 3.6.7 of the SCOP echoes the policy described above. The County acknowledges that this application represents lot creation for a residence surplus to a farming operation as a result of farm consolidation, which may be permitted provided that the following criteria are met: i) the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and ii) new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. Page 1 of 2 Development Services July 18, 2019 Report No. DS2019-087 Page 12 of 13 Page 351 of 455 6.1) 7.40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... SIMct'vuon'trut' E �y County of Simcoe Vain Line (7051726-9300 Planning Department Toll Free (866) 893-9300; 111D Highway 26. Fax (705) 797-4976 PLANNING i Midhurst, Ontario L9X 1N6 simcoe.ca In order to ensure that the above criteria are achieved, the County requires that a rezoning application be submitted and approved to prohibit nev., residential &,vellings on the remnant parcel of farmland, as a condition of provisional approval. The priority for development %vithin the prime agricultural area is the protection of prime agricultural areas for the long-term use for agriculture. As a result, all applications must consider any negative impacts to the operation of farm parcels. The County also notes that the Township should satisfy itself as towhether the proposal complies with the requirements of provincial Minimum Distance Separation guidelines (MDS). County Planning staff understand that the applicant is proposing to resolve any MDS conflicts through a use agreement that would permit the owners of the proposed residential property to use the neighbouring barns for livestock purposes. It is the County's understanding that MDS guidelines are applied to the newly proposed lot fabric. Prior to approval of the proposed application, the County recommends that a clearance letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) be obtained stating that the proposed agreement will satisfy MDS requirements. If the Committee chooses to approve the application as proposed, the County requests as a condition of consent, that a clearance letter be obtained from OMAFRA stating that the proposed agreement addresses MDS guidelines for this application. Summary As a condition of consent, the County is requesting that an application for a zoning by -lay✓ amendment be submitted and approved to prohibit new residential dwellings on the remnant parcel of farmland. Prior to approval of the proposed application. ✓e recommend that a clearance letter from OMAFRA be obtained stating that the proposed agreement ;✓ill satisfy MDS concerns. If the Committee chooses to approve the application as proposed, the County requests as a condition of consent, that a clearance letter be obtained from OMAFRA stating that the proposed agreement addresses MDS guidelines for this application. Please circulate the County vlith'any notices related to the development of these lands. If you have any questions, please do not hesitate to contact me. Sincerely. The Corporation of the County of Simcoe Anna Danke.vich Planner II P: 705-726-9300 x1970 E: anna.danke,,vich aasimcoe.ca cc: Catherine McLean, Planner- Township of Oro-Medonte Dan Amadio, Manager of Planning — County of Simcoe Jocelyn Beatty, Rural Planner - OMAFRA Development Services Report No. DS2019-087 Page 2 of 2 July 18, 2019 Page 13 of 13 Page 352 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... From: McCartney, Garry <gmccartney@oro-medonte.ca> Sent: Monday, June 24, 2019 10:15 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>; Saunders, David <dsaunders@oro- medonte.ca> Subject: RE: Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-6- 08, Revised) Hewitt Creek Farms Ltd. Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 353 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: Tuesday, June 25, 2019 9:47 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Witlib, Derek <dwitlib@oro-medonte.ca>; Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Weatherell, Todd <tweatherell@oro-medonte.ca>; McLean, Catherine <cmclean@oro-medonte.ca>; Yauk, David <dyauk@oro-medonte.ca>; Waters, Danielle <dwaters@oro-medonte.ca>; Musso-Garcia, Karla <kmussogarcia@oro-medonte.ca>; Metras, Justin <jmetras@oro-medonte.ca>; McCartney, Garry <gmccartney@oro-medonte.ca>; Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> Subject: RE: CORRECTION - Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-13-08, Revised) Hewitt Creek Farms Ltd. Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 354 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... From: Metras, Justin <jmetras@oro-medonte.ca> Sent: Tuesday, June 25, 2019 3:28 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: CORRECTION - Notice of Public Hearing - Development Services Committee Meeting, July 18, 2019 (2019-13-08, Revised) Hewitt Creek Farms Ltd. Teresa Operations has no concern nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 355 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... COUNTY OF SIMCOE IM July 10, 2019 County of Simcoe Planning Department 1110 Highway 26, Midhurst, Ontario L9X 1 N6 Andy Karaiskakis Secretary -Treasurer Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Main Line (705) 726-9300 Toll Free (866) 893-9300 Fax (705) 727-4276 simcoe.ca PLANNING 1 '� ** VIA EMAIL** Subject: County Comments regarding Consent Application 2019-B-08 - Revised County File: OM -B-1908 Location: 200 Line 5 North Owner/Applicant: Hewitt Creek Farms Ltd. Mr. Karaiskakis, Thank you for circulating the County regarding the above -noted application. County Planning staff understand that the applicant has revised their application and is proposing to consolidate and enhance the agricultural lands to the north of 200 Line 5 North. The application proposes a lot that contains a residence with an approximate area of 1.3 hectares (3.2 acres), and an agricultural lot that would be approximately 44 hectares. Upon review of the application County Planning staff would like to offer the following comments. The subject lands are designated Agricultural, per Schedule 5.1 — Land Use Designations to the Simcoe County Official Plan (SCOP). The province has also identified an agricultural system for the Greater Golden Horseshoe and the subject lands are located within the prime agricultural area. Section 2.3.4.2 of the PPS and Section 3.3.5 of the SCOP permit lot adjustments in prime agricultural areas for legal or technical reasons. Legal or technical reasons means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Although no new (additional) lot is being created, County planning staff would not consider this a minor boundary adjustment. The intention of prime agricultural areas is to protect land for long-term agricultural use. Section 2.3.4.1 of the Provincial Policy Statement (PPS 2014) states that lot creation in prime agricultural areas is discouraged and may only be permitted for agricultural uses, agricultural -related uses, a residence surplus to a farming operation as a result of farm consolidation, and infrastructure. Section 3.6.7 of the SCOP echoes the policy described above. The County acknowledges that this application represents lot creation for a residence surplus to a farming operation as a result of farm consolidation, which may be permitted provided that the following criteria are met: i) the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and ii) new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. Page 1 of 2 Page 356 of 455 6.1) 7:40 p.m. DS2019-87, Catherine McLean, Planner re: Consent Applicat... COUNTY OF SIMCOE County of Simcoe Planning Department 1110 Highway 26, Midhurst, Ontario L9X 1 N6 Main Line (705) 726-9300 Toll Free (866) 893-9300 Fax (705) 727-4276 simcoe.ca PLANNING 1 '� In order to ensure that the above criteria are achieved, the County requires that a rezoning application be submitted and approved to prohibit new residential dwellings on the remnant parcel of farmland, as a condition of provisional approval. The priority for development within the prime agricultural area is the protection of prime agricultural areas for the long-term use for agriculture. As a result, all applications must consider any negative impacts to the operation of farm parcels. The County also notes that the Township should satisfy itself as to whether the proposal complies with the requirements of provincial Minimum Distance Separation guidelines (MDS). County Planning staff understand that the applicant is proposing to resolve any MDS conflicts through a use agreement that would permit the owners of the proposed residential property to use the neighbouring barns for livestock purposes. It is the County's understanding that MDS guidelines are applied to the newly proposed lot fabric. Prior to approval of the proposed application, the County recommends that a clearance letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) be obtained stating that the proposed agreement will satisfy MDS requirements. If the Committee chooses to approve the application as proposed, the County requests as a condition of consent, that a clearance letter be obtained from OMAFRA stating that the proposed agreement addresses MDS guidelines for this application. Summary 1. As a condition of consent, the County is requesting that an application for a zoning by-law amendment be submitted and approved to prohibit new residential dwellings on the remnant parcel of farmland. 2. Prior to approval of the proposed application, we recommend that a clearance letter from OMAFRA be obtained stating that the proposed agreement will satisfy MDS concerns. If the Committee chooses to approve the application as proposed, the County requests as a condition of consent, that a clearance letter be obtained from OMAFRA stating that the proposed agreement addresses MDS guidelines for this application. Please circulate the County with any notices related to the development of these lands. If you have any questions, please do not hesitate to contact me. Sincerely, The Corporation of the County of Simcoe Anna Dankewich Planner II P: 705-726-9300 x1970 E: anna.dankewicha-simcoe.ca cc: Catherine McLean, Planner- Township of Oro-Medonte Dan Amadio, Manager of Planning — County of Simcoe Jocelyn Beatty, Rural Planner - OMAFRA Page 2 of 2 Page 357 of 455 Consent 2019-B-08 Revised (Hewitt Creek Farms Address: 200 Line 5 North Zoning: Agricultural/Rural (A/RU) Official Plan: Agricultural Existing Development: Existing dwelling, detached accessory building, 3 agricultural ID buildin s and a situ g O ° C) Township of PrauA Heringge, Excilin8 Future W I r -h D v CD w 0 Consent 2019-B-08 Revised (Hewitt Creek Farms Purpose: The agent revised the application to address the County's comments regarding the size of the retained lands and Planning Staff's concerns regarding the intended future use of the agricultural buildings. The applicant now proposes a boundary adjustment as follows: i4 Township of P,,wd Hrrirnge, Exeifing Fw-,, 0 3 Lands to be Severed Lands to be Total Merged Lands Retained Receiving Lands - Concession 5 E Part Lot 19 RP 51 R32703 PART 2 Frontage 183.6 rn. (662.3 ft.) 130.0 rn. 497.2 rn. (1,631.2 ft.) (Approx.) (426.51 ft.) Depth 730.0 m. (2,395.0 ft.) 100.0 rn. 730.0 rn. (2,395.0 ft.) A► rox. 328.1 ft. Area 2:1.4 ha (52.8 ac.) 1.3 ha 44.0 ha (168.8 ac.) AA rox.) (3.2 ac. i4 Township of P,,wd Hrrirnge, Exeifing Fw-,, 0 3 Consent 2019-B-08 Revised (Hewitt Creek Farms Aerial Photo CD MR U) N O 4 n CD F F- CD 0) (D Township of #� 0 Pratod Heritage, Exciting Future U) r -h D 0 v Consent 2019-6-08 Revised (Hewitt Creek Farms --4 - o rp pe Cn 56 PGteS 2 (0 56 CD C7 r CD v � m cD w Existing Farm Parcels Proposed Boundary Adjustment � Township of 0 Cal PrauA Heringge, Excising Future r -h D n' v Consent 2019-B-08 Revised Hewitt Creek Farms) 0 =' �0 V , N O CO 00 Public Notice Sign CD JEW r (D v � m (D � Township of � Prwid Herif,rge, Exciting Fware U) r -h D v Consent 2019-6-08 Revised (Hewitt Creek Farms ;x. a r CD m w Looking North along Line 5 North Looking South along Line 5 North To of Ul 0 Proud Herirrrge, Esciring Frrrnre U) I r -h D v Consent 2019-B-08 Revised (Hewitt Creek Farms Cn N *� it: _ y O i� MR- _CO �1 _ (D C. r (D Existing Single Detached Dwelling Existing Detached Garage 4�:-, Township of 0 0 Cal Pratod Heritage, Exciring Fature U) r -h D v Consent 2019-B-08 Revised (Hewitt Creek Farms CD 3 CD Existing agricultural buildings and silo to be located on the merged lands CD Township of� M PrauA Heritgge, Exciting Future CDI r -h D n' v Consent 2019-B-08 Revised (Hewitt Creek Farms 0 Existing Agricultural Buildings and Silo CD (D n Township of 0 PrauA Heringge, Excising Future U) r -h D v Consent 2019-6-08 Revised (Hewitt Creek Farms 0 r cu CD Lands to be Severed A� Township of 0 Prmid Herihrge, Exciting Fwaire CDI rt D v r* Consent 2019-6-08 Revised (Hewitt Creek Farms . ........... . 0 N O O I n ,.. ...� ..L . ., Who it (D � �� � � r aria �! y.t ➢ ...1! � J"' Yfi.,�,r• J t�� - , T Benefiting Lands CD W 00 CD 0 � Township o�/l'C�4G(f7[[�C/ O Cal Pratod Heritage, Exciting Fatnre CDI r -h D n' v Consent 2019-B-08 Revised (Hewitt Creek Farms A Recommendation: Deferral 0 That Consent Application 2019-B-08, pertaining to lands municipally known as 200 Line 5 North, to permit a boundary adjustment, be deferred to allow the applicant time to provide a Minimum Distance Separation (MDS) calculation prepared by a qualified professional that satisfies the MDS guidelines, or alternatively, that the applicant CD obtain a letter from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) stating that the proposed agreement will satisfy MDSCD v requirements. CDW �4l J Towr+slrip of �/ Oft0 Cal � Paned Hrriiage, F—iring Fnrnr, r -h D n' v 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... (Wl�bwnship of Report�� Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-080 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # July 18, 2019 Zoning By-law Amendment Application 2019-ZBA-12 Roll #: R.M.S. File #: 4346-010-010-44100 Larry Erwin D14-056600 1893 Ridge Road East Recommendation Requires Action For Information Only It is recommended: 1. That Report DS2019-080 regarding a Zoning By-law Amendment applying to lands located at Concession 12, Part Lots 21 & 22 (Oro), known as 1893 Ridge Road East, Township of Oro-Medonte, be received and adopted; 2. That Zoning By-law Amendment Application 2019-ZBA-12, that would rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Environmental Protection (EP) Zone and Agricultural/Rural Exception 298 (A/RU*298) Zone, be approved; 3. That the Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: Property Description The subject land is a 25.72 hectare (63.56 acres) parcel of land that is located on the south side of Ridge Road, west of Line 12 South. A location map is attached as Schedule 1 to this report. The surrounding properties are predominantly used for agricultural purposes. Development Proposal The purpose and effect of the proposed Zoning By-law Amendment is to satisfy a condition of consent for application 2019-B-08 to rezone the lands from the Agricultural/Rural (A/RU) Zone to the Environmental Protection (EP) Zone and Agricultural/Rural Exception 298 (A/RU*298) Zone, which will protect the existing Development Services July 18, 2019 Report No. DS2019-80 Page 1 of 10 Page 371 of 455 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... Natural Heritage features that are located on the property. The Agricultural/Rural Exception 298 (A/RU*298) Zone will exempt the residential portion on the lot from a 30 metre setback requirement from the Environmental Protection (EP) Zone on the property. Consent application 2019-B-09 was a boundary adjustment which severed approximately 2.83 hectares from 1893 Ridge Road East and added those lands to 2021 Ridge Road East. (refer to Schedule 3 -site plan) Analysis: Planning Staff has reviewed the proposed Zoning By-law Amendment application in context to relevant planning policies and legislation contained in the Township of Oro- Medonte Official Plan, County of Simcoe Official Plan, Growth Plan for the Greater Golden Horseshoe 2019, and the Provincial Policy Statement 2014, as detailed below. 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 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 agricultural parcels of land and rural residential land uses. The proposed Zoning By-law Amendment does not change the character of the area, and it will help protect the Natural Heritage features on the property. Section 2.1 Natural Heritage has also been reviewed and the proposed zoning by-law amendment will protect the natural features and areas for the long term. Planning Staff is of the opinion that the proposed Zoning By-law Amendment Application is considered to be consistent with the Provincial Policy Statement, 2014, as the proposed zoning will protect the woodlands on the property. Growth Plan for the Greater Golden Horseshoe 2019 The application has been reviewed with reference to the Place to Grow policies that have been in place since May 16, 2019. In Policy 2.2.9 - Rural Areas there are provisions that allow development to occur outside of settlement areas in site-specific locations with approved designations. 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 Report No. DS2019-80 July 18, 2019 Page 2 of 10 Page 372 of 455 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... 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. 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 subject lands and surrounding the lands. Since this wooded area appears 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) allows expansions to uses and conversions of legally existing uses, which bring the use more into conformity with the Growth Plan. In this case, no new development is being proposed, the key natural heritage features on the property are being protected and in the end would bring the uses of these lands more into conformity with the Growth Plan. Therefore, on this basis, the proposed zoning by-law amendment is considered to conform to the Places to Grow policies of the Province. Lake Simcoe Region Conservation Authority (LSRCA) The LSRCA has been circulated the subject application as well as for the consent application. The comments received for the consent application were as follows: "The lands to be severed and added to the adjacent residential lot shall be rezoned Environmental Protection to recognize the key natural heritage features present on the lands and associated adjacent lands and ensure their protection in perpetuity and the Environmental Protection area will be delineated by means of a living fence (i.e. cedar rail or natural plantings)". Development Services imposed the requested condition for the Environmental Protection (EP) zone but did not impose the condition for a living fence at the Development Services meeting approving the consent application. At the time of writing of this report, comments have yet to be received by Township staff regarding the proposed Zoning By-law Amendment application. Committee members should have regard to any LSRCA comments. Based on the comments previously received from the LSRCA, the proposed application would be consistent with the Natural Heritage and Natural Hazard Polices of the Provincial Policy Statement and conform to the requirements of the Lake Simcoe Protection Plan. Development Services Report No. DS2019-80 July 18, 2019 Page 3 of 10 Page 373 of 455 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... County of Simcoe Official Plan The subject lands are designated 'Greenlands' in the County of Simcoe's Official Plan. Section 3.8 of the County's Official Plan contains detailed policies for the protection and enhancement of natural features and functions. The proposed zoning amendment will improve the quality of these woodlands, as well as protect the natural character of the area by prohibiting developed on these lands. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any County comments. Therefore, based on the policies above it is the opinion of Planning Staff that zoning application 2019-ZBA-12 generally conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject property is designated 'Rural' in the Township's Official Plan. Section C2.1 sets out the objectives in the 'Rural' designation. Those objectives are to preserve and promote the rural character of the Township and the maintenance of the open countryside, and to prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Planning Staff is of the opinion that this Zoning By-law Amendment conforms to the Township's Official Plan on the basis that the property will maintain its existing residential functions while adding a protective zone which will protect the character of the area and prohibit development on the subject lands. Zoning By-law Amendment The lands are currently zoned Agricultural/Rural (A/RU). A portion of the lands that are currently zoned Agricultural/Rural (A/RU) will be rezoned to the Environmental Protection (EP) zone and Agricultural/Rural Exception 298 (A/RU*298). The lands that contain the dwelling and shop will be rezoned to the Agricultural/Rural Exception 298 (A/RU*298). The Exception 298 will provide relief from the provisions of Section 5.27. Section 5.27 prohibits buildings and structures, with the exemption of boathouses and pumphouses being located within 30 metres of the boundaries of the Environmental Protection (EP) Zone. The zoning by-law amendment if approved will rezone the property that are identified as key natural heritage features. The approved zoning by-law amendment will protect these features in perpetuity. A By-law has been prepared for consideration by the Committee, which is included as Schedule 5 to this report. Development Services Report No. DS2019-80 July 18, 2019 Page 4 of 10 Page 374 of 455 II. Intermediate Planner re: Zonina By-law ... Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act RSO c.P. 13 • Provincial Policy Statement 2014 • Growth Plan for the Greater Golden Horseshoe, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 is of the opinion that if the Zoning By-law Amendment is approved, that the change in zoning will protect the Township's natural features and attributes. Consultations: A notice sign was posted on the property on June 14, 2019 and notice of the application was circulated to applicable agencies, Township Departments and assessed landowners within 120 metres (400 feet) of the subject lands. As of the preparation of this report, the following comments have been received from internal departments and applicable agencies: • Development Engineering — No objections. • Enbridge — No objections. Development Services July 18, 2019 Report No. DS2019-80 Page 5 of 10 Page 375 of 455 Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Existing Zoning map Schedule 5: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2019-ZBA-12 by Larry Erwin be approved on the basis that the application is consistent with the Provincial Policy Statement and conforms to the Growth Plan, the Lake Simcoe Protection Plan, the County of Simcoe Official Plan and the Township of Oro-Medonte Official Plan. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner SMT Approval / Comments: Development Services Report No. DS2019-80 Reviewed by: Derek Witlib, RPP Manager of Planning July 18, 2019 Page 6 of 10 Page 376 of 455 y -law ... 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... Schedule 1: Location Map S xlOngs Schedule 2: Aerial Photo Development Services Report No. DS2019-80 July 18, 2019 Page 7 of 10 Page 377 of 455 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... Schedule 3: Applicant's Site Plan --- r F Lit 2 Schedule 4: Existing Zoning Map A/FCU A ilk tr ,i/I{LI Ll a V. EP R1 A/ RU 15 Development Services Report No. DS2019-80 July 18, 2019 Page 8 of 10 Page 378 of 455 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... Schedule 5: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By -Law No. 2019-059 A By-law to amend the zoning provisions which apply to lands at Part of Lots 21 & 22, Concession 12 (Oro) Township of Oro-Medonte 2019-ZBA-12 (Erwin) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: Schedule 'A6' to Zoning By-law 97-95, as amended, is hereby further amended by changing a portion of the zone symbol applying to the lands located in Part of Lots 21 & 22, Concession 12 (Oro), Township of Oro- Medonte, from the Agricultural/Rural (A/RU) Zone to the Environmental Protection (EP) Zone and Agricultural/Rural Exception 298 (A/RU*298) Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7.0 — is hereby further amended by adding the following subsection: "7.298 *298 — The provisions of Section 5.27- Lands Adjacent to Environmental Protection Zone, shall not apply to lands adjacent to the lands denoted by the symbol *298* on the schedule to this by-law." 3. Schedule "A" attached to By-law No. 2019-059 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By -Law read a First, Second and Third Time, and Passed this 18th Day of July, 2019. The Corporation of The Township Of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Development Services Report No. DS2019-80 July 18, 2019 Page 9 of 10 Page 379 of 455 8.a) DS2019-80, Todd Weatherell, Intermediate Planner re: Zoning By-law ... Schedule "A" To By -Law No. 2019-059 The Corporation of the Township of Oro-Medonte ,, 2471 s� 225 i!@ 2072 206 1017 235 196 aaw 1WO 252 From Agricultural/Rural (A/RU) Zone To Agricultural/Rural Exception 298 (A/RU"298) Zone From Agricultural/Rural (A/RU) Zone To Environmental Protection (EP) Zone This is Schedule "A" to By -Law 2019-059 passed the 18th day of July, 2019 Mayor Deputy Clerk H.S. Hughes J. Teeter Page 380 of 455 8.b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Ap... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-078 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # July 18, 2019 Zoning By-law Amendment Application Roll #: 2019-ZBA-10 R.M.S. File #: 4346-010-003-03900 Ronald & Patricia Bolger D14 56602 79 Huronwoods Drive Recommendation(s): It is recommended: Requires Action 0 For Information Only —� 1. That Report No. DS2019-078 be received and adopted. 2. That Zoning By-law Amendment Application 2019-ZBA-10 by Ronald & Patricia Bolger specifically to permit the removal of the Holding Provision applying to the lands known as 79 Huronwoods Drive, be approved. 3. That the Deputy Clerk bring forward the Bylaw for Development Services Committee's consideration to remove the Holding Provision applying to the lands described at CON 6 W PT LOT 2 PLAN M8 PT BLK F AND RP 51 R28438 PART 1, respectively; and, 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary -Treasurer's signature. Background: The subject property has a lot area of 42.74 hectares (105.62 acres) and contains a single detached dwelling and agricultural building. The subject lands are located adjacent to the Sugarbush Subdivision, fronts onto Huronwoods Drive and backs onto Line 5, which is an unopened road. The zoning presently in effect for the subject land is Agricultural/Rural Holding Provision (A/RU (H)) Zone. The purpose of the Zoning By- law Amendment is to remove the holding provision. The holding provision was placed on the property in 1997 when By-law 97-95 was adopted by the Township on the basis of the Official Plan policies D1.4.1 that require all lots that front on unopened road allowances or unassumed roads to be subject to Site Plan Control and be subject to a Holding Provision in the implementing Zoning By-law. Back in 1997, the property was land locked with no year round road access as it only had frontage and access to Line 5 North, which is an unopened road allowance. Development Services Report No. DS2019-078 July 18, 2019 Page 1 of 5 Page 381 of 455 8.b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Ap... In approximately 1998, the previous owners obtained a consent in order to cross over the small strip of land owned by the Indian Park Association to access their new dwelling via Huronwoods Drive. As a result, a registered easement and restrictive covenants were placed on the lands to permit the use of those lands for driveway access. In 2008, the current owners became aware that the Indian Park Association was liquidating property in preparation for the eventual dissolution of the association. That same year, the Indian Park Association obtained a boundary adjustment (2008-6- 39) to convey the strip of land that had been used as a driveway, having a frontage of 9 metres long along Huronwoods Drive and a depth of 3.5 metres, to the adjacent lands, being 79 Huronwoods Drive, as illustrated in Schedule 2 to this report. Upon merging these lands, the registered easement and restrictive covenants were removed as the owners no longer had to cross the Indian Park Association's lands in order to access their dwelling. Subsequently, the owners of 79 Huronwoods Drive obtained a Minor Variance (2008-A-45) to seek relief from the required minimum lot frontage as well as to permit the driveway to be the primary use in the Private Recreational Exception 144 (PR*114) Zone. Analysis: The subject lands are designated `Oro Moraine Core/Corridor Area' and `Rural' in the Township's Official Plan. Section D1.4.1 of the Official Plan deals with unopened road allowances and unassumed roads. It states that all lots that front on unopened road allowances or unassumed roads shall be subject to Site Plan Control and be subject to a Holding Provision in the Zoning By-law that prohibits any enlargement, renovation or addition to a dwelling unit that existed on the effective date of the Zoning By-law until the owners satisfy the requirements of Section D1.4.2. Once these requirements are satisfied, the Holding Provision can be lifted by the Township. In Planning Staff's opinion, the lands are not subject to the conditions listed under Section D1.4.2 — `Conditions under which Holding Provision will be removed' and will not be subject to Site Plan Control as the lot now had direct frontage on a Township road that is maintained year round. The subject lands are zoned Agricultural/Rural Holding Provision (A/RU(H)) Zone in the Township's Zoning By-law 97-95, as amended, and the applicants have requested to have the holding provision removed. Planning Staff is satisfied that the holding provision is no longer required as the lands now has direct frontage on Huronwoods Drive, which is a Township road. Financial/ Legal Implications / Risk Management: Potential financial and legal implications could occur if Development Services Committee refuses or neglects to make a decision thereon within 150 days after receipt by the Clerk of the application, the applicant could appeal to the Local Planning Appeal Tribunal (LPAT). Development Services Report No. DS2019-078 July 18, 2019 Page 2 of 5 Page 382 of 455 8.b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Ap... 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 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 removal of hold is consistent with the Strategic Plan. Consultations: • N/A Attachments: Schedule 1: Location Map Schedule 2: Boundary Adjustment (2008-B-39) Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2019-ZBA-10 be approved and the associated By -Law for Removal of the Hold Provision be passed. Respectfully submitted: R/eviewed by: Catherine McLean Derek Witlib, r 11 Y Planner Manager, Planning Services SMT Approval / Comments: Development Services Report No. DS2019-078 July 18, 2019 Page 3 of 5 Page 383 of 455 8.b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Ap... Schedule 1: Location Map Subject Lands Development Services July 18, 2019 Report No. DS2019-078 Page 4 of 5 Page 384 of 455 8.b) DS2019-78, Catherine McLean, Planner re: Zoning By-law Amendment Ap... Schedule 2: Boundary Adjustment 2008-B-39 Development Services Report No. DS2019-078 July 18, 2019 Page 5 of 5 Page 385 of 455 8.c) DS2019-83, Andria Leigh, Director, Development Services re: Request... Township 0 p Re ort uv��.W Proud Heritage, Exciting Future Report No. To: Prepared By: DS2019-083 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # July 18, 2019 Request for Extension of Draft Plan Approval Roll #: R.M.S. File #: 4346-010-009-04800 Draft Plan of Subdivision D12 43842 Application 2012 -SUB -03 1160895 Ontario Ltd. (Oro Station) Recommendation(s): It is recommended: Requires Action For Information Only 1. That Report No. DS2019-083 be received and adopted. 2. That Development Services Committee approve the extension to Draft Plan Approval for Oro Station 2012 -SUB -03 for a period of one and a half years (1.5) years to March 7, 2021. 3. That the appropriate notice of Changes in Conditions of Draft Plan Approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: On September 7, 2016, Council gave draft plan approval for a period of three years for the Oro Station subdivision consisting of 18 single detached residential lots (see Schedules 1 and 2 for Location Map and Approved Draft Plan). The draft plan approval included 48 conditions that were to be completed to the satisfaction of the Township and other agencies (Lake Simcoe Region Conservation Authority, Ministry of Tourism Culture, and Sport, Simcoe Muskoka catholic District School Board, Simcoe County District School Board, Ministry of Environment Conservation and Parks, Ministry of Natural Resources and Forestry, Canada Post, Hydro One, Bell Canada, and gas utilities) before plan registration. The draft plan of subdivision is located on the east side of Line 7 South and north of Ridge Road (County Road 20) comprising 5.35 hectares (13.21 acres) of land. Each of the 18 lots will front on a new public road and the entrance to the subdivision will be from Line 7 South. Development Services Report No. DS2019-083 July 18, 2019 Page 1 of 4 Page 386 of 455 The propZr i� o �d s�ide�it [i�r6Re hld PIrlRt) op%%vge gp lie cQgrnvig� re: Request (OS*271) and Open Space (OS) Zones in accordance with By-law 2016-133, that was approved on September 7, 2016. The approved plan provides for lots having frontages ranging from approximately 30 metres to 41 metres and lot areas ranging from 0.20 hectares to 0.32 hectares. In addition to the 18 building lots, the draft plan also includes a stormwater management pond (Block 19), two 0.3 metre reserves (Blocks 20-21), a 6.0 metre drainage access (Block 23) and a walkway/emergency access to Ridge Road from the subject development (Block 22); these lots and blocks are identifiable on Schedule 2. Each of the proposed lots will be serviced by private septic systems and municipal water. The subject lands are currently in agricultural use and surrounding land uses consist of agricultural uses to the north and east; and predominantly single detached residential uses to the south and west. The purpose of this report is to analyze the applicant's request for draft plan extension and make recommendations to the Committee. Analysis: Innovative Planning Solutions Inc. has submitted correspondence requesting an extension to their draft plan approval (Schedule 3) on behalf of the owner, 1160895 Ontario Ltd. The Draft Plan of Subdivision was approved requiring all 48 conditions to be fulfilled by September 7, 2019. As stated in the correspondence and supplemental follow up with the consultant, the company ownership for the property is in the process of changing to a new company ownership and is subject to conditions under a purchase and sale agreement including ability to obtain an extension to the current draft plan approval to provide sufficient time to satisfy the draft plan conditions. The new ownership has also engaged an engineering consultant to proceed with the detailed design required to fulfill draft plan conditions; however to date it does not appear that any of the original draft plan conditions have been fulfilled, save and except the appropriate zoning being in effect. As stated in the correspondence, the new owner is looking to work towards fulfilling all conditions to final plan approval and the extension is required to circumvent a lapse in the approved draft plan. The Planning Act, in Section 51 (32) provides the ability for an approval authority to provide approval lapses at the expiration of the time period specified by the approval authority, being not less than three years. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision/condominium. A notice to these changes is required to be given following any decision to change conditions and is subject to the appeal process. The Planning Act contains a provision wherein the approval authority can impose a lapsing of draft plan approval. This is useful in some instances where registration will not occur due to various circumstances. Without this `sunset clause', draft plans can Development Services Report No. DS2019-083 July 18, 2019 Page 2 of 4 Page 387 of 455 remain 000diPfp�Tpet�itg3arAyg�au7 pjR,i�tip�po Rrfd'Feeca toi aPFi�WYAce y e: Request... never be realized. In considering draft plan extension, Staff have consulted Section E1.9 of the Township's Official Plan which contains policy relating to existing draft plan approved residential subdivisions and states: "...it is the intent of Council to withdraw draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to the development stage it an expeditious manner." The proposed draft plan extension relates to a plan of subdivision within the Rural Settlement Area of the Official Plan, the development in this location is considered appropriate. However to date the developer has not been actively working towards the fulfillment of conditions imposed in September 16, 2016. It is the Township's understanding that the new ownership does have an interest in fulfilling these conditions; however in order for the Township to ensure this is completed in an expeditious manner, staff are recommending a one and a half year extension for the draft plan approval. This would not preclude Council from considering a future draft plan extension request; in which the owner would be able to elaborate in more detail on the conditions fulfilled to date and those outstanding and the specific timing required to complete. Staff's recommendation that Council support a one and a half year draft plan extension would meet the intent of the above noted policy and would allow the new ownership to move the subdivision project forward in an expeditious manner. 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 its decision. Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Township of Oro-Medonte Official Plan 2015-2018 Strategic Plan: The Township's following Strategic Goals are relevant to this application: Quality of Life: to contribute to an enriched quality of life for residents by maintaining Oro-Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability: to build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. Service Excellence: to provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff. Development Services July 18, 2019 Report No. DS2019-083 Page 3 of 4 Page 388 of 455 External s: io be rebogndzed as iaq%1� DeetgC�rbDer,�/Wlrmenc p ties nSthre : Request... local area and to be proactive in promoting the interests of the Township at the Country, Provincial and Federal levels of Government and with private sector organizations. Consultations: Not applicable. Attachments: Schedule 1: Location Map Schedule 2: Draft Plan Schedule 3: Request for Extension of Draft Plan Approval Conclusion: Planning Staff recommend that a one and a half (1.5) year extension (to March 7, 2021) to the draft plan approval from the current lapsing date of September 7, 2019 be granted to the landowner to allow them to proceed with the registration of the subdivision. Respectfully submitted: Andria Leigh, RPP Director, Development Services SMT Approval / Comments: Development Services Report No. DS2019-083 July 18, 2019 Page 4 of 4 Page 389 of 455 8.c) DS2019-83. Andria Leiah. Director. Development Services re: Reauest... rya,79w.- 591 84 615 270 84 85 1 2 75 4 50 6 53 1 40 8 932 641 500 24 O 11 18 10 31 13 632 649 53 12 15 15 14 630 17 7 703 16 1$ Schedule 1MA,,,, Location Township of F/77 Subject Lands Proud Heritage, Exciting Future 0 100 m File Number: 2012 -SUB -03 N I I I I 1 Page 390 of 455 8.c) DS2019-83, Andria Leigh, Director, Development Services re- Request... Schedule 2 Draft Plan -�-_ Towruliip File Number Number 2012 -SUB -03 Proud Heritage, Exciting Future Page 391 of 455 8.c) DS2019-83, Andria Leigh, Director, Development Services re: Request... SCHEDULE 3 INNOVATIVE PLANNING SOLUTIONS PLANNERS 0 PROJECT MANAGERS 0 LAND DEVELOPMENT Thursday May 16, 2019 Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Attention: Derek Witlib Manager, Development Services Re: Township File No. 2012 -SUB -03 (1160895 Ontario Ltd.) Draft Plan Approval Extension Part of Lot 24, Concession 8 Township of Oro-Medonte, County of Simcoe On behalf of 1160895 Ontario Ltd., please accept this correspondence as our formal request for an extended timeframe to satisfy the Draft Plan of Subdivision conditions for the Oro Station Subdivision (Township File No. 2012 -SUB -03). Accompanying this letter is one (1) cheque in the amount of $1000.00 as per the Township of Oro- Medonte Draft Plan extension application fee. Draft plan approval for this Subdivision was obtained on September 7, 2016. Draft Plan Condition 48 stipulates that draft approval shall automatically and irrevocably lapse if final Plan approval is not given to this plan within three (3) years of the approval date (September 7, 2016) and no extensions have been granted. This condition also provides the owner an opportunity to request an extension to the draft approval period by providing written correspondence to the Township requesting the extension at least ninety (90) days prior to the lapsing. A resolution from Township Council must also be obtained prior to the lapsing date. Since Draft Approval of this project, the company ownership has changed which caused delays in progressing the development forward to Registration. The previous 1 50 DUNLOP STREET , SUITE 2 0 1 , BARRIE ONTARIO L 4 M 1 82 TEL: (7 O 5) 81 2- 3 2 8 1 FAX: (7 D 5) 6 1 2-343B EMAIL: INFO@IPSCONSULTit4miNr.com Page 392 of 455 8.c) DS2019-83, Andria Leigh, Director, Development Services re: Request... owner (Premium Properties) is no longer involved in the project, while the new owner (Project Services) is now moving this project forward. The conditions of Draft Plan approval are a priority for the new owner and project team to satisfy. The new owners have now engaged the services of WMI Engineering, a consulting firm which was previously engaged in the project. WMI Engineering have recently commenced moving forward on detailed design work required for the subdivision. The owner is actively working towards fulfilling the remaining conditions. Given the above, we are requesting an extension of three (3) years which will provide an appropriate timeframe to satisfy conditions of approval for the Draft Plan of Subdivision. Should you have any questions or comments please do not hesitate to contact the undersigned at your earliest convenience. Respectfully submitted, INNOVATIVE PLANNING SOLUTIONS Ile, Cameron Sellers Associate DRAFT PLAN OF SUBDIVISION EXTENSION TOWNSHIP OF ORO-MEDONTE ORO -STATION PAGE 2 Page 393 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re: Consent... 'Iownship o, Report X&Wt� Report No. DS2019-092 Meeting Date: July 18, 2019 Roll #: 040-001-21400 Recommendation(s): It is recommended: Proud Heritage, Exciting Future To: Prepared By: Development Services Andria Leigh, Director Committee Development Services Subject: Consent Application 2019-B-02 & Minor Variance Application 2019-A-05 (Veitch) 3362 Penetanguishene Road — Local Planning Appeal Tribunal (LPAT) Hearing Representation Requires Action Motion # R.M.S. File #: D10-56235 & D13-56236 For Information Only 1. That Report No. DS2019-092 be received and adopted. 2. That staff proceed with Option 2 as outlined in this report in preparation for the LPAT hearing being scheduled. Background: J On March 6, 2019 Development Services Committee granted provisional consent to Consent Application 2019-B-02 for Betty Veitch specifically for the purpose to create a new parcel to facilitate future development at 3362 Penetanguishene Road. On March 6, 2019 Development Services approved Minor Variance 2019-A-05 by Betty Veitch, specifically to permit a minimum lot area of 0.3 hectares (0.74 acres) for a retained lot and an interior side yard of 14 metres (45.9 feet) for an existing agricultural building on a severed lot, for lands located at 3362 Penetanguishene Road. The subject property is located at 3362 Penetanguishene Road and also has extensive frontage along the south side of Horseshoe Valley Road. Buildings and structures on the lands include a dwelling that fronts onto Penetanguishene Road, accessory buildings and an agricultural building. The majority of the land is under agricultural cultivation and there is watercourse and a wooded area that bisects the property. The lands are approximately 23 hectares (57 acres) in size and possess approximately 620 metres of frontage along Horseshoe Valley Road and approximately 50 metres of frontage along Penetanguishene Road. A Location Map and Aerial Photo of the subject property are included as Schedules 1 and 2 to this report. Development Services Report No. DS2019-092 July 18, 2019 Page 1 of 8 Page 394 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re: Consent... The subject property is located in Craighurst and is designated Rural Settlement Area in the Township's Official Plan and is zoned Agricultural/Rural Exception*15 (A/RU*15) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The applications were the subject of a Public Hearing for the Consent and Minor Variance applications. Copies of the applicant's Consent and Minor Variance sketches are attached as Schedules 3 and 4. The Committee received Planning staff report DS2019-030 for the Consent and Minor Variance applications that provided a planning analysis of the applications and a review of the policies and tests as required by the Planning Act. Further to this report the County of Simcoe provided comments dated March 4, 2019 requesting conditions to be incorporated into the Committee's approval. The conditions related to required road widening's along both Horseshoe Valley Road and Penetanguishene Road and the requirement to obtain an entrance permit. As a result of the various inputs from staff, agencies, residents, and the applicant, the Development Services Committee adopted a motion to approve Consent Application 2019-B-02 and Minor Variance Application 2019-A-05. The County conditions, that were included in the recommended conditions by Township staff at the meeting, were not included in the Committee decision. Notices of Decisions for both applications were provided in accordance with the Planning Act and as a result, appeals of the Committee's decisions were received on March 26, 2019 for the Consent and Minor Variance applications. Planning Staff forwarded the appeals to the LPAT. At this time, the date for the hearing has been set for September 18, 2019 and therefore a decision regarding representation aPhe hearing is required. In order to appropriately prepare for the LPAT hearing, direction from the Committee is required and is the purpose of this report. Analysis: Given that staff determined in their reports that the applications did conform to all applicable Planning policies and the Planning Act and the decisions of the Committee were to approve the applications, a recommendation from 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 (Township solicitor and planning consultant) to support the Committee's decision to approve the consent application and minor variance application without the County conditions; (2) Not provide representation to support the Committee's decision and rely on the applicant and their agent to provide evidence in support of the applications. Development Services Report No. DS2019-092 July 18, 2019 Page 2 of 8 Page 395 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re: Consent... Option #1 would require the Township solicitor and an outside planning consultant to uphold the decision of the Committee that approved the consent and minor variance applications, without the required County conditions, as Township staff did identify at the Committee meeting their support for the County conditions. Planning Staff would work with the Township solicitor in order to provide the information for them to proceed with the necessary case to be presented to the Tribunal member in accordance with the Committee's decision. 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 applications. In either option, the applicant and appellant are required to provide their own representation, at their cost, to support their position at the LPAT hearing. Financial / Legal Implications / Risk Management: Option #1 would include financial costs associated with the Township solicitor's and planning consultant's time to prepare and then attend the one day LPAT hearing. Option #2 would not include financial costs to the Township other than the staff time to attend and observe at the hearing with no evidence being presented by the Township. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • County of Simcoe Official Plan Corporate Strategic Goals: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services Report No. DS2019-092 July 18, 2019 Page 3 of 8 Page 396 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re: Consent... Consultations: N/A [Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Applicant's Minor Variance Sketch Conclusion: The decision of the Committee was to approve the Consent and Minor Variance applications, however the decisions were appealed to the LPAT. On this basis, direction from the Committee is required regarding representation to be provided by the Township at the scheduled September 18, 2019 hearing. It is staff's recommendation that the Committee should proceed with Option 2 as outlined in this report and allow the applicant and their agent to defend Committee's decision. Respectfully submitted: Andria Leigh, RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Report No. DS2019-092 July 18, 2019 Page 4 of 8 Page 397 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re. Consent... Schedule 1: Location Map " � 3so� 3�rr56 3479 46 W M -A �1. w 3442 gg 3A." 29 1 58 fit, 3i1 2G�19. 2�1G9 2d 3T 59 S# 33 35 6i 7106 "J M C'%I 1s 71 I�`16 It 320' 3141 fb to 17 Q 72 3* 4 MAN A 13, 7 22t t „r WA 3013 ]342 323 2245 3276 i y" 3196 3172 e Schedule 1 Location /� loumsllip°���.a/�t * Subject Lands 1.7���fc/ Proud Heritgee, Exciting Future A 0 300 m Fe Nesber 2019-A-05 N 1 I 1 Development Services Report No. DS2019-092 July 18, 2019 Page 5 of 8 Page 398 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re- Consent... Schedule 2: Aerial Photo Schedule 2 UNTMUM I0 0 ® Subject lands Re Number 2019-A-05 Development Services Report No. DS2019-092 L1�Y��j����oirte Prorrd Heritgkv, Exciting Future A 0 200 m N t t t t 1 July 18, 2019 Page 6 of 8 Page 399 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re. Consent... Schedule 3: Applicant's Consent Sketch MMRICAf� CVM.CP LOI 14 GA/..4SSd 1 I is I �Tl�r�1I�1� PIN S6JS1-=4 ar) LOT 40, CONCESSION .ut wsnr+st I un' 'L [4w05 -7-D �— 6,�' s W L UC PMr f, SIR -t355 Pis Wj6{-0136I) A ®ayys x Q� L'C2� iU EmsE,.. i, n+ MnIIJdI 9 y nn 8 i x6ase we r +:n sx.on w x +aus vs .�o irta' vxSr i i � .:E.ao R' ._. -- ._—._.__.- .-._ ._ ._ .- -,-_._�._.-_._._._�.-�._.-.-.-.-•- Y� me 1��1 w.nar.. T—, Development Services Development July 18, 2019 Report No. DS2019-092 Page 7 of 8 Page 400 of 455 8.d) DS2019-92, Andria Leigh, Director, Development Services re: Consent... Schedule 4: Applicant's Minor Variance Sketch Development Services Report No. DS2019-092 July 18, 2019 Page 8 of 8 Page 401 of 455 1{ , l a SNAKE RA✓<.FEN(1 a, (N57'20'55'E PI) 0RP B )� N5724'15"E (E3.E7 ?I) 63.72 - a 4 [EK1035) _ SIB(tr, s) S �' vim~ f1 �FjS 0..4E CF LM.E147 - i _ + CRAFEL LN7�'YEWAY ^ - `' - -'1 - f z O —a s 55 � MRRE N£SH LENa BARN Q 377 =a--a� � 20.17 (LL TO B£ DEOUSN£D $Ell hPtE& C,�l 0..40 d� i. *0144 QPCNL...f_�.. )i�VY �_ . --em- 14213rAyts�O.JW V L..' 13.53 PART 1, 51R-13155PIN 58364-0138 (LT) W"- Z Q WRE MESH FENCE PART 1 z�m� P/N 58364-0065 (LT} ? 1 Q M ry 17.+9 �N N57'32'25"E 13.87 Q X TO NC l v 13(1755) 18(1255) Q �- z S1 121 a`!1 (P1 k SET) S7CWE !MW CMI LAC 6.35 17.33 12.05 co735.30 2.47 w1r,.5.E N'%!E fEN�.E — SNAXc MA -1 fVN.C' ON LAVE 37.77 W. (1546) (P2 k SET) 0.91., 8 7.00--j-5 .92 O Z - —�—�-Y—.—a-1—a-1—.a�.�l—•tea—Y—R•..•k�a` ^a—ir— i� Development Services Report No. DS2019-092 July 18, 2019 Page 8 of 8 Page 401 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... Township of Report Prow Heritage, Exciting Future Report No. To: Prepared By: DS2019-095 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 18, 2019 Site Plan Agreement and Condominium Exemption Horseshoe Bluffs Phase 2 Roll #: R.M.S. File #: 43460200100040 Part of Lot 1, Concessions 3 D11-13915 (Medonte) Applications 2005 -SPA -11 and 2018 -SUB -01 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2019-095 be received and adopted. 2. That the Township of Oro-Medonte enter into a Site Plan Agreement with Horseshoe Bluffs Inc. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration to enter into a Site Plan Agreement with Horseshoe Bluffs Inc. 4. That a previous Site Plan Agreement between the Township of Oro-Medonte, Terra- Moda Building Corp. and 1654833 Ontario Limited be discharged from title. 5. That the Township proceed with the registration of the Site Plan Agreement with Horseshoe Bluffs Inc. once: a) Site Plans have been approved by the Township's Engineering Consultant and by Staff; b) The developer has provided securities as set out in the Agreement; and c) The Agreement is signed by the Mayor and Deputy Clerk. 6. That the Application for Plan of Condominium be exempted from Draft Plan Approval pursuant to the Condominium Act, 1998; 7. That upon the Township's receipt and acceptance of condominium plans for registration, Staff be authorized to issue a Certificate of Exemption pursuant to Condominium Act, 1998, s.9(3)(b). 8. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Development Services July 18, 2019 Report No. DS2019-095 Page 1 of 9 Page 402 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... Background: The applicant is proposing a 13 -unit condominium townhouse development known as Horseshoe Bluffs Phase 2. The site is located in the Horseshoe Valley Rural Settlement Area, north of Horseshoe Valley Road and is accessed from Horseshoe Valley Road by High Vista Drive, a private road. A Location Map is included as Schedule 1 to this report and a Site Plan and Elevation Drawings are included as Schedules 2 and 3. The development was previously known as Heights of Horseshoe Phase 2 and High Vista Townhomes Phase 2 and a previous developer, Terra Moda Developments, entered into a Site Plan Agreement with the Township in 2012 (By-law 2012-041). Terra Moda then proceeded without a Building Permit to install a foundation for a 5 -unit townhouse block that was never completed. The property was subsequently acquired by Cresent Vale Corporation who in 2014 applied for a Site Plan Revision in order to complete the development. Crescent Vale has renamed the project to Horseshoe Bluffs Phase 2 and has created a company named Horseshoe Bluffs Inc. who is the registered landowner for the purposes of this development. Analysis: Site Plan Approval The 2014 Site Plan Revision Application was been reviewed by Township Staff, by the Township's Engineering Consultant and by agencies. In addition to various technical and design comments, Staff at that time identified the following outstanding matters to be addressed by the developer: 1. Permission was required from Skyline for the developer to connect to the private communal water and sanitary sewer systems; 2. Confirmation of capacities within the water and sanitary sewer system to accommodate the proposed development; and 3. Confirmation that the development has access rights over the private road (High Vista Drive). The developer has now addressed the three above -noted development matters to the satisfaction of the Township Staff by way of the following documents: • Memorandum of Agreement between Skyline Horseshoe Valley Inc., Skyline Utility Services Inc. and Crescent Vale Corp. pertaining to sanitary sewer system, watermain system and private roadway maintenance. • Letter dated September 28, 2018 from Jacobs Engineering re: Horseshoe Valley WWTP Assessment Update. • Letter dated October 1, 2018 from AECOM Engineering (peer review of September 28, 2018 Jacobs Engineering letter). Development Services July 18, 2019 Report No. DS2019-095 Page 2 of 9 Page 403 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... Heights of Horseshoe Phase 2 Water Demand/Supply Analysis, WMI Associates Ltd., December 7, 2018 Heights of Horseshoe Phase 2 Water Demand/Supply Analysis Addendum, WMI Associates Ltd., May 1, 2019; Letter dated February 27, 2018 from Gardiner Roberts LLP, Solicitor and copy of Instrument No. 801468599, being a vehicular and driveway easement over High Vista Drive in favour of the subject lands. The developer has also addressed all of the requirements of the Nottawasaga Valley Conservation Authority, as confirmed by the Conservation Authority's letter dated April 6, 2018. The Township's Engineering Consultant has by way of a letter dated July 3, 2019 provided comments to the developer's engineer regarding final revisions for approval purposes to the Site Plan drawing and to the cost estimate for the site works that will form the basis for the security that will be held by the Township. The Township's Engineering Consultant has advised Planning Staff that the required revisions are minor in nature. Once the final Site Plan drawings and cost estimates are received and approved and the developer has supplied the necessary letter of credit to guarantee the site works, the executed Site Plan Agreement would be registered on the title to the subject lands. The developer would then be able to apply to the Township for the required Zoning Certificates and Building Permits. With respect to the existing foundation on the lands, the Township has the authority by way of a 2016 court order to remove the foundation and the Township also holds a security in the amount of $50,000 to guarantee the removal and to restore the site to a safe condition. The lands are identified by the Township of Oro-Medonte Official Plan as being within the Horseshoe Valley Village designation of the Horseshoe Valley Rural Settlement Area and the lands are zoned Residential Two Exception 158 (R2*158) by Zoning By- law 97-95. The proposed 13 -unit condominium townhouse development conforms to the Official Plan and complies with the Zoning By-law. Plan of Condominium The developer intends that the proposed 13 dwelling units be freehold units and that the driveway serving the units be a Common Elements Condominium tied to those freehold parcels. Alternatively, the developer could alternatively apply for a Standard Condominium consisting of both individual units and common elements. The Condominium Act, 1998 contains provisions whereby a proposed condominium can proceed directly to final approval and by-pass the Planning Act's requirements for notice of draft plan approval if the approval authority (Council) is satisfied that a development, having already gone through an appropriate public planning approval process, has Development Services July 18, 2019 Report No. DS2019-095 Page 3 of 9 Page 404 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... addressed all relevant planning considerations and that no conditions of draft plan approval are required. It is Planning Staff's opinion that the proposed development is eligible for the above - noted exemption from draft plan approval pursuant to the Condominium Act, 1998, for the reasons that: • The proposed development of the land was already the subject of a public process and a Zoning By-law Amendment in 2005; • The proposed development has gone through a detailed technical review by the Township and agencies through the Site Plan Approval process and that process is nearly at its end; • The proposed development will be the subject of a Site Plan Agreement that will address relevant development, legal and financial considerations; • The above -noted items render conditions of draft plan approval and a subdivision agreement unnecessary. In Planning Staff's opinion, exemption from draft plan approval would be appropriate for the purposes of either the Standard Condominium of the Common Elements Condominium. However, in the event that the developer chooses to subdivide the units using another method (i.e. Plan of Subdivision combined with Removal of Part -Lot Control or by Consent) then a further public planning process will be required. Pursuant to Section 4 of the Township's Cash -in -lieu of Parkland Policy (By-law 2005- 50), the Township has the authority to require the payment of a fee of $2,000 for each new condominium unit created. Since the development would not be subjected to Conditions of Draft Plan Approval, it is necessary for the cash -in -lieu of parkland payment (13 units X $2,000 = $26,000) to be administered through the Site Plan Agreement. Planning Staff has prepared a Site Plan Agreement which addresses this payment as well as other matters relevant to Site Plan and Condominium approval. Financial / Legal Implications / Risk Management: Pursuant to the terms of the Site Plan Agreement the Township will receive compliance securities in an amount equal to fifty percent (50%) of the value of site works and the Township holds securities in an amount sufficient to guarantee the removal of foundations, if needed. The development is also subject to Development Charges and Cash -in -lieu of Parkland Dedication. Policies/Legislation: 77] • Planning Act, R.S.O. 1990, c. P.13 • Condominium Act, 1998, S.O. 1998, c. 19 • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2019 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services July 18, 2019 Report No. DS2019-095 Page 4 of 9 Page 405 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: The Township's following Strategic Goal is relevant to these applications: 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 is of the opinion that the proposed development is consistent with the Strategic Plan. Consultations: The application and supporting plans, reports and documents were circulated to relevant Township Departments and external agencies and the following comments have been received: • Township Engineering Consultant: Letter dated July 3, 2019 from Jones Consulting Group Limited identifying required drawing and cost estimate revisions. • Environmental Services: Based on Staff's review of applicant's water supply information and on the Township Engineer's peer review or applicant's wastewater information, Environmental Services supports the proposed connection of the 13 units to the Skyline private communal water supply and wastewater treatment systems. • Building Division: Existing foundations to be demolished or applicant to provide documentation from an Engineer in regard to the use of the existing foundations, frost protection since installation and structural condition. • County of Simcoe: no concerns. • Nottawasaga Valley Conservation Authority: No objection and no NVCA permits required (as per letter from NVCA dated April 6, 2018). • Enbridge Gas: No objection, proponent to obtain any required servicing easements. • Bell Canada: Proponent responsible for any easements and service relocations. Attachments: 7�1 Attachment 1: Location Map Attachment 2: Site Plan Attachment 3: Elevation Drawings Development Services July 18, 2019 Report No. DS2019-095 Page 5 of 9 Page 406 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... Conclusion: In conclusion, on the basis that the Applicant has now addressed all of the previously outstanding development issues and only minor details remain outstanding, Planning Staff recommends that Council pass the necessary by-law to discharge the old Site Plan Agreement and authorize the execution of a new Site Plan Agreement, but that the new Agreement not be signed by the Mayor and Deputy Clerk and registered until final Site Plan Drawings are approved and the required securities have been received by the Township. Respectfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: Development Services July 18, 2019 Report No. DS2019-095 Page 6 of 9 Page 407 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re: Site Plan ... Schedule 1: Location Map '-1 e5 Subject Lands Schedule 2: Site Plan 11 Development Services July 18, 2019 Report No. DS2019-095 Page 7 of 9 Page 408 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re- Site Plan ... Schedule 3: Elevation Drawings (Excerpt) Development Services July 18, 2019 Report No. DS2019-095 Page 8 of 9 Page 409 of 455 8.e) DS2019-095, Derek Witlib, Manager, Planning Services re- Site Plan ... 1955 ! 1990 UNILB r UNIT -B TH-1 TH-2 v; 1955 UNR-B TH•1 _i 7 1720 -19b5 ALT. 1955 i UNIT -A UNIT -B UNIT -B TH•3 TH4 T" STREETSCAPE - UNITS 1-5 tttt y i 1955 UNIT•B TH-5 Development Services July 18, 2019 Report No. DS2019-095 Page 9 of 9 Page 410 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... Township of Oro-Medonte Application to Remove a Holding Provision Applicants: BOLGER, Patricia Diane BOLGER, Ronald William Subject Land: 79 Huronwoods Dr., Oro-Medonte Part Lot 2, Concession 6 Roll # 4346-010-003-03900-0000 Contents: Application form Business case List of Appendix Page 411 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... List of Appendix Appendix "A" Subject land aerial photo Appendix "B" Plan of Survey highlighting "Part 1" — entrance to subject land Appendix "C" Restrictive Covenants (Note : better print quality in Appendix G) Appendix "D" Indian Park Association Transfer/Deed of Land designated Part 1— entrance to Subject land Appendix "E" Transfer from Indian Park Association & Form 4 from Township of Oro-Medonte Appendix "F" Deleting easement by reason of merging with transfer of parcel Appendix "G" Release of Restrictive Covenants relating to subject land Page 412 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... Appendix "H" Indian Park Association notice to Township of Oro-Medonte regarding permission to act as agent Appendix "I" 1— Application for consent 2 — September 18, 2008 Committee of Adjustment meeting Agenda Appendix "J" Receipt for $900.00 for application for consent Township of Oro-Medonte Appendix "K" Committee of Adjustment Notice of Decision — Minor Variance Page 413 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... Business Case 1. Objective The purpose of this Application is to remove the "Holding Provision" assigned to 79 Huronwoods Dr., Township of Oro-Medonte (Part Lot 2, Con 6) to be referred to as "Subject Land" in this application. As well as, provide information to highlight reasons why the "Hold Provision" should not have been issued in the first place, thus, the Applicants request consideration for Council to remove the "Hold Provision" along with refunding the Applicants $400.00 application and processing fee associated with the removal of Holding Provision. 2. Background The subject land is approximately a 109 acre parcel of land in the subdivision known as SugarBush (Horseshoe Valley Road and the 6th line of Oro-Medonte). The subject land fronts onto Huronwoods Dr., & backs onto the 5th line of Oro-Medonte. It is bordered by the Simcoe County Forest on the East side and to the West it borders with the Walker Family Farm. Please see Appendix "A" The previous owners of the subject land — Mr. Peter Seymour and Mrs. Victoria Seymour built a single family dwelling on the land in 1999. In order for the Seymour family to access the subject land from Huronwoods Dr., they required the consent from Indian Park Association (I.P.A.) to cross over a small section of land owned by I.P.A. — identified as Lot 2 Con 6 Plan No. M-8 Part of Block F — being part of Plan 51R-28438 Please see Appendix "B" The Seymour family received consent from I.P.A. with some Restrictive Covenants attached Please see Appendix "C" On Jan 14th 1999, the Township of Oro-Medonte Committee of Adjustments consented to the severance of part of Parcel D-1, Section M-8 being part of Block F, Registered Plan M-8 in the Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, designated as Part 1 on Plan 51R-28438 Page 414 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... Please see Appendix "D" page 2. As mentioned, The Seymour family constructed their home with an address of 79 Huronwoods Dr., Oro — Medonte. On October 291h 2004, the subject land was purchased from the Seymour family by the Applicants — Ronald (Rocky) & Patricia Bolger. *As noted on the Application page #3 Question #3 —Transfer of Title receipted as SC277603 In early 2008, the Applicants became aware of the I.P.A. liquidating property in order to affect the eventual dissolution of the "Indian Park Association". Accordingly, in early 2008 the Applicants exercised due diligence and with the assistance of Barrister, Mr. William Kenny, of Stewart Esten Law firm in Barrie, the Applicants, Mr. & Mrs. Bolger, were successful in: i) Purchase land from Indian Park Association, namely: Part BLK F PL M8 Oro; being Part 1, Plan 51R-28438, S/T LT 379704, S/T LT 354320; Oro- Medonte. S/T Ease in LT 441545 (otherwise, full access to property on Huronwoods Dr.) Receipted as SC705748 Land Registrar Please see Appendix "E" ii) Release of Easement LT379704 Receipted as SC713644 Land Registrar Please see Appendix "F" iii) Release of Restrictive Covenants from Indian Park Association Receipted as SC698515 Please see Appendix "G" iv) Authorization from I.P.A. to Act as Indian Park Association agent with regards to purchase of land (Part 1) in front of subject land. Please see Appendix "H" Page 415 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... 3. Issue In 2008, a "Hold" provision was placed on the Subject land by the Township of Oro-Medonte for the reason of being "Land locked" with no year round road access and Line 5 identified as only accessible way to enter property. Note: Line 5 is not a year round maintained open roadway The Applicants have gone to great lengths to ensure clear title to the subject land with the Township of Oro-Medonte, i.e. The Applicants paid a $900.00 non-refundable fee for Application for Consent with Oro-Medonte Township Committee of Adjustment meeting September 18, 2008 — Public meeting minutes item #5 (h) — Applicant — Indian Park Association permit a lot addition — Access to subject land. Please see Appendix "I" Furthermore, on November 5t", 2008, the Applicants received Committee of Adjustment "Notice of Decision" Re: Submission No. 2008-A-45 allowing variance, being to grant a reduction for the minimum required lot frontage in a private recreational zone from 30 meters to 9 meters and to allow a driveway to access a dwelling located to the West. Please see Appendix "V 4. Summary The subject land, 79 Huronwoods Dr., Oro-Medonte, has always been accessible from Huronwoods Dr., which is a year round maintained roadway. The "Hold" provision assigned to the subject land was not justified due to the fact the property was never "Land Locked" with no access from a year round road. In 2008, the Applicants paid a $900.00 fee and applied for consent with the Township of Oro- Medonte for a severance of a parcel from Indian Park Association (which the Applicant previously had a registered right of way over the parcel to access their property). Please see Appendix "J" With the motion of the Committee of Adjustments approval allowing submission No.2008-A-45 minor variance application recognizing the identified lot frontage on Huronwoods Dr., for the Page 416 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... purpose of driveway access dated 16" day of October 2008, this issue of a "hold provision" relating to the subject land should have been resolved or avoided in 2008. Thus, the removal of the "Hold Provision" assigned to the subject land and the refund of the $400.00 Application & Processing fee is a valid request and should be granted. Respectfully submitted, Ronald (Rocky) Bolger Cell # 705-816-3448/ Res. 705-835-6450 Email — 6622rocky@gmail.com Mailing address: 79 Huronwoods Dr., Coldwater, Ontario LOK 1E0 Page 417 of 455 CountyefaSjMtoaogAfttoeMapence re: Request for Refund, 2019-ZBA-10 (B... &U.cisy�aflrds�exrasar•a,aas_a_ ♦' �` 4 i+tc+t}d'j�5d TS, iai z[.e-�:Fc�d�clE x+�Jf °il�--t`3R� L'1 Ynk'Yl CIMC©E • yA 0 0-125 0.25 0-5 I m J � �3i i] tb 1C,bcsq'riixr�.crt��4a.tSa G^�:4RT�TTt 3�.�rai .LT• ss?s ~��4 Cf $rers..'Y .w, !?eW�3RYcksaIIfi6�!]iwta9.5' 1.9,02$ Ste+ni�sNsrsJ-ann'rsaoGra�9ssi+�.t:mi ,'iii Page 418 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... n A I 1 ' z LOT�w 2, C0NCESSION Ln i_ • n �7C} i"`2'W's§ 22.8;� J `PAR'S f F ` �E �acx 53477- l I CP r ' D R I V E I I { CZ7 � L l O n � 3> n42 b 0 M O 0 �-3 m p I> t 0 � Al rm r ��t rn z -1 0 P S CD V1 Q -q F-rl II "� z0 Z Q] a-� IK 93� I� y C) 0 iT1 CJ I I I —• 1.0 to j p 0 n a y May � 3> n42 F 1 t M O t r � Al rm V' P, `n y xT `1c 6� =% C7 z0 C IK 93� I� 1 tia iT1 CJ I I I —• 1.0 to j p a y May � 3> n42 F 1 t M O m4+r rm V' IQ P ti I� 1 tia Page 419 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... OOST-0 a� Z 0 rn PZ vs aoecooaa000 �^� � ,� v� m 900rJOC�70C?O stn O Cn ;. N MN N4YNNV�✓IW II. �» � � Xa C'CC+ z mT F. m RSoaN2Sy+�ia �� v me �.G n9 � ar'•" `JI 6 0 _ C � y b a Y HURON WOODS REGISTERED PIAN u -E. 66AD' mD£ r�7 iJ ha n M O N . m C) Rf lei Cry VI $C O D 9 A I ung 1 Q+ rn O CIO CIO EllCj 2 n 3 0 z }Vm N I WI /2 o Ay r9 _ (REMENCE UNQ aQ I(•r m = F5 P05T AND WIPE BLOCK .-. PE14CE t Y HURON WOODS REGISTERED PIAN u -E. 66AD' mD£ r�7 iJ ha Z 0 c m. men m� Os m2 D -0 M �i2 mm as �� z B L 0 C k Page 420 of 455 a M C) D 9 A I ung 1 Q+ O CIO CIO EllCj 0 z }Vm _r d Z 0 c m. men m� Os m2 D -0 M �i2 mm as �� z B L 0 C k Page 420 of 455 9.a) Ronald Bolger correspondence re- Request for Refund, 2019-ZBA-10 (B... Z � 1 I � 3�rv33 38 LZ'Z L 3..90Sz SSN ♦J .�.,, t, _l- .. Z W ^ rn G7 P m q B t iJ ri M m m z •-� � z el rt, E` f E91 C� 3j;O Si`.99N rte- f t l y 915 w r C) (-M) OSS Ln r� CO � 6S i i Aj v � 'Q Cn SIS - --_ .00 99 {YY)3.,0 L. IZ.BSN 8— W NV -1d (d)3_90.St.$SN -�� 03631SI03d • 3 ?I 018 3-N '3lONd 3-N a f Page 421 of 455 9.aW-gweld B re: Re ;;l1 +raR+aA �roaP ruvnn �cs„nar. fn+ntht.rjq uce So�tAs'I M rarw.a w pvayrrn. IRESTR;C71VL COVENANTS Nil ---•____,_-- - a 09.60 Heel half of -Lot 2, Concennion 6. TwImehip of Oro-Haconte if0=8.'iy TornShip of ora), county of SimC4e. , An pxavioualy de®CribalS in 1710mrament i+o• 01273.56.... This rel AaOeealrahpe •ESS "hrayin rau. Daa0.1m.. -■. es..rm•a! AOl,lianal Germ pt' M4,I&watch �: Osaaegli're rj.nI1a OQ'kr 1111h DtlO%JU%Mr 4FOWMEJ 46 Tallar.a; See Schedule for Rearziczive Covenants. =pTinuad an-CAbd1oe qay Im. t7ncuuruAl rera:�r cc rnauvmarl[ q�rsoart•3 hay M13C.—ML 1•0a Q.laa. Rl: tCj nfrt)Ilofl 1°qj ars �ealvo sI I.�SO►e u7 'i P�� �ni�•i, AM S. K1OtFt,�t-{11T+t RLtsS@LL'�. WWr aR. PCUGH+T:iE wpi.TrCS db4OJ=049S BCx irA. SM UEM7RluAVEMA y. ttaclal :rOr}8�r+hi � Oqt+al:rotawaro SEYMrao�: Pesti er wl lli�m [t 11'.L K ONTANO t -W &Y ...., ................... .......... 1ti�:...................,...................... . . . . . . . . . . . . . . . . . . . . . . . . . . SEOcYas'kL�a�tx]Re �..V�ctoxl.��r,cqueZS.ne,............. ...............................,..................................,.. cn . . . .. . . ... .... . :]999 'o2 trial .,. (��] Aaetau �pr�trlaga 30 Prederick St=metr Orill'sa Oatarlor Lav SW4. Lt e7 FcR1(Ier[ i%ot ovi Cfb1Lt at Itt:.ra7dj w a+..la9 Dace ar ¢rgrt+v+e LZ 60 4 y Q7 NDW alap.riv Iawr1j; Joe emu: vrom Lwcoutloct. reea7etr..L- el'o ❑ re: Re ;;l1 +raR+aA �roaP ruvnn �cs„nar. fn+ntht.rjq uce So�tAs'I M rarw.a w pvayrrn. IRESTR;C71VL COVENANTS Nil ---•____,_-- - a 09.60 Heel half of -Lot 2, Concennion 6. TwImehip of Oro-Haconte if0=8.'iy TornShip of ora), county of SimC4e. , An pxavioualy de®CribalS in 1710mrament i+o• 01273.56.... This rel AaOeealrahpe •ESS "hrayin rau. Daa0.1m.. -■. es..rm•a! AOl,lianal Germ pt' M4,I&watch �: Osaaegli're rj.nI1a OQ'kr 1111h DtlO%JU%Mr 4FOWMEJ 46 Tallar.a; See Schedule for Rearziczive Covenants. =pTinuad an-CAbd1oe qay Im. t7ncuuruAl rera:�r cc rnauvmarl[ q�rsoart•3 hay M13C.—ML 1•0a Q.laa. Rl: tCj nfrt)Ilofl 1°qj ars �ealvo sI I.�SO►e u7 'i P�� �ni�•i, AM S. K1OtFt,�t-{11T+t RLtsS@LL'�. WWr aR. PCUGH+T:iE wpi.TrCS db4OJ=049S BCx irA. SM UEM7RluAVEMA y. ttaclal :rOr}8�r+hi � Oqt+al:rotawaro SEYMrao�: Pesti er wl lli�m [t 11'.L K ONTANO t -W &Y ...., ................... .......... 1ti�:...................,...................... . . . . . . . . . . . . . . . . . . . . . . . . . . SEOcYas'kL�a�tx]Re �..V�ctoxl.��r,cqueZS.ne,............. ...............................,..................................,.. ��,............. . . . .. . . ... .... . :]999 'o2 trial (��] Aaetau �pr�trlaga 30 Prederick St=metr Orill'sa Oatarlor Lav SW4. Lt e7 FcR1(Ier[ i%ot ovi Cfb1Lt at Itt:.ra7dj w a+..la9 Dace ar ¢rgrt+v+e Il �] J.a7eraa� . aor .s1'�t7� y..t u.. Not :laftltJ' Palir i u .. ........................•+•r ... . ... -ra<p.a.ulna• of p•aamt, hay M13C.—ML 1•0a Q.laa. Rl: rola and TQ 'i P�� �ni�•i, AM S. K1OtFt,�t-{11T+t RLtsS@LL'�. WWr aR. PCUGH+T:iE wpi.TrCS db4OJ=049S BCx irA. SM UEM7RluAVEMA c +-parrarwua iaa - 3 [t 11'.L K ONTANO t -W &Y °0!1---Mof 4 ,P422 trial ery et a5r.� 3s�1 ■••c+m.t Itr rotor -ru 9.) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... DQx The Real Property tc which the burd(!n of the restrictive covnnants ncrcirbttar cmLmtracezi 'hall attach Fina ba armexOd arc ell of the thane lands mart particularl.y doac iter] ap followo: jgmaC half of Spot 2, Cencessian 15, To-mahip of Oro -Madame ( iormtrly To-rzhip of Oro! , County of Simcoc (hereinafter called the 'Lands"!. Tho Rtal Proparty to which the benefit of the Foatrict.ive CavonanCS hazcinafter rnumcrated shall attach And be anntaxed arra all of those landa ooze particula ly dascribed a3 fallou5: 24rc of Parcel 9-1, Section M-@, bei.ng Block r on Flan M-$, Towns.'i1p of aro-Vedonte (formerly 'township of Oro), CounCy o: Siticoe thcrclllafteT called the ° Dcnctit.tin►T bands" )„ rhe Cwners, as set out in,Box 10 hereof harrby covenant and -axgre$- `fir'--themugluer, their he -ire, executers, ac;mznistxanr:;.. tructaes, succcsrors and assigns to Incr,crforth observe, comply 61itri an be bounri by the restrictive covenant; hereinafter ret rorth and nothing} shall he erected, fixed, placed or done Lpon the Lsndw, or an any part thcrect, in brcaab or vialstion ay ccntrary to tht fair waning of site restrictive covanants set faa:th herein. The inva.lidlcv-in whole cz to part of any of these restrictive covenants snail not arrest the validity of the ocher restrictive ccvchanrs or rtmalninC part;ion of the zartrictive covemants herein contained, 1. No hulldi.ng or structure =hall be constructed, placed or mainhained in or va the Lane : without the prior u=iLten e.ppzoval of the reg- tcrmd o�,mer ircm time of rhe Scat:fltt_ng Lsn&S . 2. ldo =Ud:.ng or su=ture ahall be canx-t:ucted, pl teff. or mein ra�_ncd in or o -D °chc Landa except ip accordance with bciiding Glans and 3peci.-Ticationt appzovEd in writing by the regxztcrcd owner from time to rimc of r)58 Benefitximg Landz_ 3, No bu:.ldlnrl or -_eructuze shall be constructed, placed or mtelntai.ned in 6r an the LancLe except whcrc such huild ..ng or szxZccure is consi nr_cnt in design. structure, locatlon and ma terla.ls with other development located within Lha Sugarbush. ubdi�Jzrion (consisting of the lots within Aegisrered Plant M- 6, M-9, M-30 and M-31) as detc=ined by the registereei ouni ri r r:om t{mc to brae of the OcnefItting Land--, acting ra3z:o ably. Q. 14c live vegct-ition shall be cut or -=awed trom the area eonsi.,ting or the northerly 30 feet in ,perpendicular Whitt throughout of the i,ando, except as may .be -reasonably rercli.red to permle the construction of any building ar s=ctarc approved in �!ccordaace with the iorcgo .nq restrictive Coven-QnCs. Page -423 of 455 ••.9WFZaIde efunOL \� (t) Registry ❑ Land TitlesQQ ( propsrty SIM( Property 1pprial l ^ loenarw(s) Al; Q (4 CansitsaraLon 1� ix Thousand---------------- Douai: sb, 000.00 Duu)ption This 13 a: Property Property ..� n: - Dlnuan L...[ Canaonaanon Part of Parcel D-1, Section M-8, being Part of Block F, Registered plan a tiw Property wanttnara c;, M-8, in the Township of Oro-Medonte, ° . (formerly Township of Oro), County of Simcoe, Sao [j designated as part 1 on Plan 511Z -28M. Exuuttans f see Aaclaoria: (B) this (A) Reaescrtpcan i(D) Soneauta for. (� Interaatf£atatt Transtiarted Documard New Easement Fat Slmpla Contains: Plan/SketcnAadiuonal agetaent/Ri ht of Wa © Description13 Parses ❑ Dinar❑ g y 711-Inall, rer(s) The translator heresy transfers the Tana to Vie transfereeyD[ptlgSi .............................................................................................. .... ....................... Data of Signature Name({) StpnaturI Y M D INDIAN,•Pf�RK.A$OCIATICN........ ...................Per: ._..;.1999; 02�}. Dan an Pre We.havethe authriy...,.Q2, � . o................... the Co ration. Mike Bakker, viae -President (9)Spo488(a) or TranaTeraJp) t naraoy canannt w tnu transaction Date of Signature Nama(q Signature(s) Y Y D (lo) Tranarerar(a) Adarssa for Sorvlca R.R. #4, Coldwater, Ontario, LOX iEO (ii) inn&roreo(a) Date of Binh Y M D SXkiQU.R,..Pet�z . Wi7 �,....................................................................................i.J $EYMQUR,,.,Victoria„Jacc;ueline........................................................................ : 1965,Q?lb asoint tenants.............................................................................................. ...... (tz) tranararea(a) Aadreaa rot sanies 30 Frederick Street, Orillia, Ontario, L3V SW4 (0) Tranalerar(s) Tno trahsfafof Varlhas that to me Dolt ar the trantfarof s kneWiloas ana Oeller, tnu transfer cost net contravene secuon Sant t" o+anning Att. Date or Signature Date or SlGnoura If M D Y M .0 Signature ........................................ ........ .....:....... Slanature....,,.,.......................,.......:... Solicitor for Tranalaror(s) I nave explalnno the street of {action 4aat tris Planning Act to Die transraror ono 1 nave mace inguinat at the tranfiatnf [ to astafmins that this lransfar noes not contravene that section ana ansa on the Information supplied Ely the trantterar, to the 061t of my Imawltage z Lino Dollar, this transfer cats not contravene that section. I am an Ontario toumtar In Good stanoing para or Signature = Name ana Y M • 0 y Aa ares$ of 3 solicli or (14) Solicitor for Transferee ts) I have Invealiaaite the title to inns land ana to abutting lane where relevant ana I sin aaGstlea plat the tMe retoras reveal no Contravention as sat alit ill t4trtause 5e (IIZ (c} (i4) Lr tTe Planning Act anti mat to Die Omar of my knowlaage she ap t Dollar tnle transfer coat not contravene section Se of me Planning Act. t act Inaspeneontly m the solicitor for ilia transraror(&) and I am an nY Dntafic Ioncur in Coca standing, t L do., L Name ane _ y Aaoraaa or Solicitor Dale or Signature y..._.. M. Signature ................................. ...n ,ol naaciamen[ moN Numoor wr. •,Mui,.. Map ctrl,, lar. of Property Not Assigned 5) Municipal Adareas at Property Not assigned ' A, `LZar7art Sratamt LSA 7) Document Ptapated or, 1JiLUAMIWSSaL.�86 J OylJOaHslsraA��l119R 'ARRISTEMiSOUCffM lox VIA d0 UDA R(M.AVEKE •.)RILLK 0WANO(1HQ4 t%tel �251.1� FIUt p06� 1Q)1 All r Fees and Tat J ppealsVu+on fes Land Transfer Tax , Total • VVI 4 P.0" co K-fmm lb. "0 gnald Bolger ccWWA*ence re: Request for Refund Form Form 5 - �a ��Ion Reform W 2 019-Z BA- V (B .. . Paps The Transferor does hereby grant, convey and transfer unto the Transferees, their successors and assigns, a non- exclusive right and easement in, over, along, upon, under and through the lands more particularly described in Box 5 hereof (the "Tract") for a single water service for residential purposes including the right to lay down, construct, operate, maintain, inspect, alter, remove, replace, reconstruct, repair or use the single water service for residential purposes and all necessary appurtenances to such extent as is necessary or incidental to the right granted herein. 2. Grant of Right-of^way_ The Transferor does hereby grant, convey and transfer unto the Transferees, their successors and assigns, a non- exclusive right-of-way over the Tract for vehicular and pedestrian access to and from the Benefitting Lands including the right to construct, maintain, inspect, alter, remove, replace, reconstruct, repair or use a driveway upon the Tract to such extent as is necessary and incidental to the aright granted herein, and subject to the restrictions set out below. 3. Right of Ingress and Egress Together with the right of ingress and egress to, from, in and over the Tract for themselves, their servants, agents, contractors, sub -contractors with or without vehicles, machinery and equipment for all purposes, useful or convenient in connection with or incidental to the exercise and enjoyment of the easement and right-of-way herein granted and transferred as and from the date hereof and continuing in perpetuity. 4. Terms & -Conditions The aforesaid easement and right-of-way are granted and transferred on the following terms and restrictions. (a) Rights of Transferor The Transferor shall have the right fully to use and enjoy the Tract including, without limitation: (1) the right to construct such works and improvements upon the Tract as the Transferor in its sole discretion may deem to be advisable; provided that the said works or improvements shall not materially interfere with the use by the Transferee of the easement and right-of-way granted herein; (2) the right to convey such other easements or rights-of-way in, over, along, upon or through the Tract, or to otherwise deal with the Tract, as the Transferor in its sole discretion may deem to be advisable, provided that no such action by the Transferor shall materially interfere with the use by the Transferees f the easement and right-of-way §3geA2&1___ _ 0�9. i rrespondence re: Request for The Transferee shall not EfWP�6xaa19r7c 1IQ �5... used, any asphalt -based product in connection with the construction of a driveway or any other improvement upon the Tract, without the prior written approval of the Transferor. (c) use of Right-of-way The Transferees and their permitted invitees shall have the right to use and enjoy the right-of-way granted herein solely as a means of access to and from one single -fancily residence to be constructed upon the Benefitting Lands and, without restricting the generality of the foregoing, the Transferee shall not use or permit or cause to be used the Tract for any commercial purposes or in connection with any proposal for development of the Benefitting Lands. (d) Costs of Construction and Constaction Liens The Transferees covenant and agree with the Transferor that: (1) the Transferees shall be solely responsible for all costs of constructing, operating, maintaining, .inspecting, altering, removing, replacing, reconstructing, repairing or using any works or improvements installed upon the Tract in connection with the easement and right-of-way granted herein. (2) The Transferees agree that they will hold back in their payment to any contractor who may construct improvements upon the Tract, such amounts as may be required under the provisions of the Construction Lien Act of Ontario, and further agrees to indemnify and save harmless the Transferor from and against all claims, demands, actions, causes of actions and cost resulting from any construction lien filings and, on demand by the Transferor, the Transferees will take such steps as is necessary to immediately discharge all liens upon the Tract. S. Indemnitv The Transferees covenant and agree with the Transferor on behalf of themselves, their successors and assigns, to indemnify and save harmless the Transferor from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with the rights granted herein. 6. Transferees' Rights Not -To -Be Interrupted The Transferees performing and observing the covenants and conditions on their part to be observed and performed, shall and may peaceably hold and enjoy the easement and right-of- way herein granted and transferred without hindrance, molestation or interruption on the part of the Transferor or of any person claiming by, through, under or in trust for the Transferor. 7. Notices All Notices to be given heretR0@ea47bofgIf& by registered letter addressed to: Tns or at: R.R. #4, rl.a)Konald Bolgem espew�w, oaxwRequest for Refund, 2019-ZBA-10 (B... Transferees at: 30 Frederick Street, Orillia, Ontario, L3V 5W4 or such other address as the Transferar and the Transferees may respectively from time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. 8. Benef itting Lands The lands to which the benefit of the easesaent and right-of- way granted herein shall attach and be appurtenant are those lands more particularly described in Schedule "A" (the "Benefitting Lands")." 9. govenants Running With The_ Land The easement and right-of-way herein granted and transferred, and the burden herein set forth, shall be of the same force and effect to all intents and purposes as a covenant running with the Tract. 10. Successors and Assigns This Indenture, including all the covenants and conditions herein contained, shall extend to, be binding upon and enure to the benefit of each and all of the hears, executors, administrators, successors -in -title, and assigns of the parties hereto respectively and wherever the singular or masculine is used in this Indenture, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used, where the context or the Party or Parties hereto so require, and the rest of the sentence shall be construed as if the graaunatical and terminological changes thereby rendered ne=sgsary - hadd fb g made. cv 0 43 41 �j 9.a) Ronald Bolger correspondence re: Request for m Refund, 2019-ZBA-10 (B... 0 0 u a w D O 0• HN 44 `O to Q •a m u S4 0 N O 41 a LN 0,0 944H 10� b N �4) 43a w o �w Page 429 of 455 c t tale; le �a. ) Ronald Bolger corresI �������� ���ir= Refer to all instructions on reverse s,de. & B IN THE MATTER OF THE CONVEYANCE OF,.—t a.rdeauwr. pritodi Parc of Parcel D-1, SelalOn M$. being Part r}af 4eina designated as Part 1TPIan_Sa g 28x38 Township of Oro-Medonte Courrtv oi�Simcoe Paae 3 BY 1pvnr names draft nanuarms.n .at Indian Park Association To ,a.e ex.vcrw. , .seer , .a et aa,,, n . sell Peter William Seymour and Victoria Jacqueline Seymour 1,r—,-r.ucrwrr 2 wpMr narr..n, rr r,dt_.JsaL11eS R LOW'S - MAKE OATH AND SAY THAT; I am wore. cl..r ma, —r— r,r, svwa v,tMa,r. (u.l �..• v, :lie rlprn.vy pr.pa>yu trio, wserwn me eal/.wry of Int d o-oorouk I— rnm¢hv,r, 7t 7 (a) A person In [rust for whom the fond nmvevd it, Ind above.dcschD.d Com-vanee is being conveyed: 71 (b) A trustee named in the above-dascr,t d cot 1—vanca to whom The land Is being conveyed: lel A transferee named ,n The above d—F4,od Convnyalite: 10) Tha authorized agent or solCtlnr rI'luu) „1 this tt.ns-Tion tot fIeta,f namoiI OfpAhC4p01/1fl Victoria I—quelineScymour— _—_„ o.,C,,bed ,n paragraDllts) ler, wr, to) above: Whatour refoences tonappliCaDM pNaprepAsl ❑ lel Th. President. Vroe-Prevdent. M --J,-,, Sn-obrry, Director, or Treasurer authonted to ads for (insert narnefsi of Corpo/arionfll) described ,n paragraphs) lei. (bl. (c) above: (lrrae our references to inapphc'a" pareprepall M. If) A oansfere, described In parayma, I I pnawr wov wpw,%vwxs cel, oder matteve, aiopwatoolond am making this affidavit on my own behalf and an behalf of finsarr home of spouse) -ho's my spouse dasCnbod to paragraph I 1 futsell.m y ,mr of p.—graph fill, (b) or IU above, as applieaodr/ and as auCh, I have personal knowledge of the facts retain deposed to, 2. ITo De Completed ween rhe valve of The cunvderatwn rot the conveyance nea ids 1400,0001. I have read and considered the ditr-t n of ',nlgle Iarn,ly reudence' set out in clause lib Him) of the Act. The land eonwyed In 1M above-Eescnoad convevsnca Qcontains at lust one and not more than Iwo smote }.mile ,.u.00r c s. Note: Cause 20)(d) imposes an addrtrohal tax at The rate of one -hall of one per cant does not contain a sInole Nmav —,di—, I, upon the value of consideration in excess of 1400,000 where the conveyance contains Ccontains more then two t, 91. Ian Iv r, u•nc«:. )sue r,s,rucf— 31 at least one and not more Than two µnob family residences. 3. 1 have read and considered the oaf 1,u— Ire „un a,::.want corporat,on' and *ndn•restdmt person' set out respectively in clauses 1(111t) and Ig) of the An and each of the following parsons to whoa of In v,,.l rot whom the land a beteg Conveyed In the above-described conveyance Is a'nort-resident corpaatwn' or a 'non-raudent person' as set out m the A. T. tyre ,nstvuctnns 4 and 5, none -- 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: I&) Monies paid or to be paid ar cash lb) Mortgages 11) Assumed res+.+poi toxe W-1 (I,) Given back to .—d., Id Property transferred in aathu,ye ,u.•r.a rr�w (al Securiho transferred to the velva of „o-„.,aw,a lel Liens, legacies, annuities and munlenoo-,• rhwq— to which transfer a subject 111 Other vatuab)a eons,d.,At-, subs«ct to L,,m tea,. .f nr tea ,.ver, naewl igi VALUE OF LAND, BUILDING. FIxTUHES AND GOODWILL SUBJECT TO LAND TRANSFER TAX ITabl or tai 10 Irl, .... MI, VALDE OF ALL CHATTELS •Items or tan,iala pursond D,oparty IAw.d $.W To, it povabe Yrs the el -r Il W rl,.ulNr u,u,•Ye ream{Ir WMAe meprovrsoru of ln,, 'Reran Save to. A, r-. K.ti:� tBaa.,. 45J, .0 «n, idwrl (I) Other Consideration for transaction not ,,,, lu11ett „I tg) or IN above ... . h) TOTAL CONSIDERATION a 6,000.00 I nil nil a nit Aa events a nit 1 nal MvalW a nil flowAr' Irurf 'Av' a 6.1]00_x0 a 6.000,00 Nil / rlaaarada i Nil a 6.000.00- 5. it consideration is nominal, descnbu rclahLl,shn, betfween transferal and transferee and state purpose of conveyance. trie—onxme6r 6. 11 the consideration is nominal. IJ this t.ue1!.u1bpn:t to any encumbrance? 7. Other remarks and explanations, of nocesnary. . Sworn before me at the the City of Orillia In the County of Simeoe LYNOAsione MARGARET FOESSEL a Co rte this 26th day of February 19 99 iuionerr, etca s & Le i Sinitic for 2wicker, Evens 8 lewii, Darr1lters inlleitOrt: Expires September 15, A Ca 'Issloner for taking Affldavds, uta JAMES R. LEW1S °p'°tla" Property Information Record For Land Roostry Office Uu Only A. Describe nature of ,nap...., — TransferlDeed of Land Registration No. B III Address of Property being con—,,-] .,f ,..,-,rY.•!_ _NOJ.dSStened lul Assessment Roll No. r.r..«..u,.. Not assigned__! Mnll,ng add, ... I sl for fuhue Not,, ,•• nr A•....,n nr.I under the A•. sestment Act for property being conveyed isea,nstruct,on 71 30 Frederick St _Orillia,_ontario 13V SW4 R.g,a.atlDnata Land araryafii;.No. tri Regntrabon number for last conv«vancn :,r wort -Ty bevel con veved waeaiaaret Not available !•-- I,d Laos l description of property ..o,I,.•,,•,t .., „ ... ,,, D to thov.- Yes ❑ No ❑ Not Known ❑ E Nameltl and addressles) at each oars,., o.,,.,.. .,vers ,r James R. Lewis_ _ Zwicker, Evans & Lewis, Barristers &_Solicitors 93 Coldwater Street East. Orilla. Ontario 1-3V 6J76J7 School Tax Sappart (Voluntary Election) Ser wvrrse for explanation ^� la, Ara W ,nd,vid-I tunslere,.. Rom«„ (-1I,.-. ' N'..,. 7 14. Ibl It Yes, do all,narv,dual transfnmce. —. .., I,, nontm: C.IthoLc Separate School Supporters T Yes ❑ No❑ jc) Do ail ,nes h.,,,- d—cual transfereF-I.1• 1, L— Ldu_vl,on R,ghts > Yes 0 No ❑ sdi n yes• CIO all Indiv,duat transteraas vr,vh YI !—In not it,n French Language School Board (where esJ2&@e,ga 0 01455 NOTE: As to (C) and (d) I" land bring van.!eur,t ::dl b, awgned to the French Public School Board or Sector unless otMrysrlse d+nCtad in is) and IDI. 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... LRO # 51 Transfer The applicant(s) hereby applies to the Land Registrar. Receipted as SC705748 on 2008 12 11 at 11:22 yyyy mm dd Page 1 of 2 Properties PIN 74057 - 0115 LT Interest/Estate Fee Simple Split Description PART BLK F PL M8 ORO; BEING PART 1, PLAN 51R-28438, S/T LT379704, S/T -- C� LT354320: ORO-MEDONTE. S/T EASE IN LT441545 Address ALGONQUIN TRAIL } 1 ORO-MEDONTE U Consideration Consideration $ 86.93 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name INDIAN PARK ASSOCIATION Address for Service 15 Algonquin Trail, R.R. #4, Coldwater, ON LOK 1E0 I, Michelle O'Sullivan, President, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name BOLGER, RONALD WILLIAM Joint Tenants Date of Birth 1962 12 19 Address for Service 79 Huronwoods Drive, Coldwater, ON LOK 1E0 Name BOLGER, PATRICIA DIANE Joint Tenants Date of Birth 196201 16 Address for Service 79 Huronwoods Drive, Coldwater, ON LOK 1E0 Statements The TOWNSHIP OF ORO-MEDONTE has consented to the severance herein. See Schedules Schedule: The severed lands be merged in title with 79 Huronwoods Drive (PIN 74057-0006) and that provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands. I am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s). I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). Signed By William Stephen Koughan 505 Memorial Av., box 158 acting for Signed 2008 12 11 Orillia Transferor(s) L3V 6J3 Tel 7053251326 Fax 7053271811 William Aconley Kenny 100 Collier Street aRtipp9i®r431 of 4%&S"-jned 2008 12 11 Barrie Transferee(s) I AM 4113 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... LRO # 51 Transfer The applicant(s) hereby applies to the Land Registrar. Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferee Client File Number: 5-7795 Receipted as SC705748 on 2008 12 11 at 11:22 yyyy mm dd Page 2 of 2 Page 432 of 455 LAND Ti1ANSFE19.**;0M*r correspondence re: Request for Refund, 2019-ZBA-10 (B... In the matter of the conveyance of: 74057 - 0115 PART BLK F PL M8 ORO; BEING PART 1, PLAN 51R-28438, S/T LT379704, S/T LT354320; ORO-MEDONTE. S/T EASE IN LT441545 BY: INDIAN PARK ASSOCIATION TO: BOLGER, RONALD WILLIAM BOLGER, PATRICIA DIANE 1. BOLGER, RONALD WILLIAM AND BOLGER, PATRICIA DIANE Joint Tenants Joint Tenants %(all PINs) %(all PINs) lam ❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; ❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed; 0 (c) A transferee named in the above-described conveyance; ❑ (d) The authorized agent or solicitor acting in this transaction for described in paragraph(s) (_) above. ❑ (e) The President, Vice -President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (_) above. ❑ (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph (_) and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 86.93 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 86.93 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 86.93 4. Explanation for nominal considerations: s) other: transfer to effect severance 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer LRO 51 Registration No. SC705748 Date: 2008/12/11 B. Property(s): PIN 74057-0115 Address ALGONQUIN TRAIL Assessment - ORO-MEDONTE Roll No C. Address for Service: 79 Huronwoods Drive, Coldwater, ON LOK 1 EO D. (i) Last Conveyance(s): PIN 74057 - 0115 Registration No. LT441545 (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No 0 Not known ❑ E. Tax Statements Prepared By: William Aconley Kenny 100 Collier Street Barrie L4M 4V3 Page 433 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... THE CORPORATION OF THE 148 Line 7 S., Box 100 Oro, Ontario LOL 2X0 TOWN ��JJVJ 1 1 V 1 t u I V. Phone (705)487-2171 Fax (705) 487-0133 www.oro-medonte.ca Form 4 Planning Act - - CERTIFICATE OF OFFICIAL Under subsection 53 (42) of the Planning Act, I certify that the consent of the Committee of Adjustment of the Township of Oro-Medonte was given on the 18th day of September, 2008 to a conveyance for the following land: PCL D'-1 SEC M8; BLK F PL M8 ORO.; BEING PART 1, PLAN 51R-28438, S/T LT35420; ORO-MEDONTE. S/T EASE IN LT441545 Subsection 50 (3) or (5) (as the case may be) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcel of land thai is.the subject of this consent. Dated this 44th day of December, 2008. teven Farquharson, Secretary -Treasurer Township of Oro-Medonte Committee of Adjustment O. Reg. 197/96, Form 4. I acknowledge that-the-T—iansfer affected by this consent to sever must be prepared and registered 'electronically and I authorize the solicitor representing the applicant or transferor, as the case may be, to execute the applicable statements of land when registering the transfer of the subject lands, confirming that the Committee of Adjustment ha i its - consent and that the conditions of consent have been fulfilled. en Farquharson, Secretary -Treasurer Township of Oro-Medonte Committee of Adjustment AOGGC AO%YG ' 00% �V 434 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... LRO # 51 Application (General) The applicant(s) hereby applies to the Land Registrar. Properties Receipted as SC713644 on 2009 01 22 at 15:31 PIN 74057 - 0542 LT Description PT BLK F PL M8 ORO, BEING PT 1 PL 51R28438, SIT LT354320, LT379704, SIT EASE IN LT441545; ORO-MEDONTE Address 79 HURONWOODS DRIVE COLDWATER PIN 74057- 0006 LT Description PT LT 2 CON 6 ORO AS IN R01360004, EXCEPT OR011401, T/W EASE AS IN LT3 79704; ORO-MEDONTE Address 79 HURONWOODS DRIVE COLDWATER Applicant(s) Name BOLGER, RONALD WILLIAM Address for Service 79 Huronwoods Drive, Coldwater, ON LOK 1E0 This document is not authorized under Power of Attorney by this party. Name BOLGER, PATRICIA DIANE Address for Service 79 Huronwoods Drive, Coldwater, ON LOK 1E0 This document is not authorized under Power of Attorney by this party. Statements Schedule: See Schedules yyyy mm dd Page 1 of 2 Signed By Linda Marie Orr 100 Collier Street acting for Signed 2009 01 22 Barrie Applicant(s) L4M 4V3 Tel 705-728-5591 Fax 7057283566 Submitted By STEWART, ESTEN 100 Collier Street Barrie L4M 4V3 Tel 705-728-5591 Fax 7057283566 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 - Page 435 of 455 r•1 11 2009 01 22 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... Instrument Statement, 61 Page 2 of 2 The applicants herein apply under section 75 of the Land Titles Act to have the register for the said parcels amended by deleting the entry of easement LT379704 from the said parcel register by reason of the merging of the said easement in the fee by Transfer No. SC705748 Page 436 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... - LK0 # 51 Application (General) Receipted as SC698515 on 2008 11 12 at 16:08 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 74057 - 0006 LT Description PT LT 2 CON 6 ORO AS IN RO1360004, EXCEPT ORO11401, T/W EASE AS IN LT3 79704; ORO-MEDONTE Address 79 HURONWOODS DRIVE COLDWATER Applicant(s) Name BOLGER, RONALD WILLIAM Address for Service 79 Huron Woods Drive, R.R. #4, Coldwater, ON LOK 1E9 This document is not authorized under Power of Attorney by this party. Name BOLGER, PATRICIA DIANE Address for Service 79 Huron Woods Drive, R.R. #4, Coldwater, ON LOK 1 E9 This document is not authorized under Power of Attorney by this party. Statements Schedule: The applicants herein make application to have restrictive covenants registered as instrument RO1405323Z deleted from the parcel register. I, Wiilliam A. Kenny, solicitor for the applicants confrim that all parties entitled to the benefit of the restrictions have consented to the deletion of the restrictions. Signed By William Aconley Kenny 100 Collier Street acting for Signed 2008 11 12 Barrie Applicant(s) L4M 4V3 Tel 705-728-5591 Fax 7057283566 Submitted By STEWART, ESTEN 100 Collier Street Barrie L4M 4V3 Tel 705-728-5591 Fax 7057283566 Fees/TaxeslPayment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: 5-7795 Page 437 of 455 200811 12 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... RELEASE OF RESTRICTIVE COVENANTS WHEREAS by instrument number 1405323 registered on March 2, 1999 restrictive covenants in favour of Indian Park Association were registered against the lands then owned by Peter William Seymour and Victoria Jacqueline Seymour and being described as west half of Lot 2, Concession 6, Township of Oro-Medonte (formerly Township of Oro) County of Simcoe (hereinafter called "the Lands") in favour of land owned by Indian Park Association and being Part of Parcel D-1, Section M-8, being Block F on Plan M-8, Township of Oro-Medonte (formerly Township of Oro) County of Simcoe (hereinafter called "the Benefiting Lands"), a copy of which restrictive covenants are attached hereto; AND WHEREAS the Lands have subsequently been conveyed by Peter William Seymour and Victoria Jacqueline Seymour to Ronald William Bolger and Patricia Diane Bolger ("Bolger") ; AND WHEREAS the Benefiting Lands are still owned by Indian Park Association; NOW THEREFORE IN CONSIDERATION of the sum of $2.00 paid by Ronald William Bolger and Patricia Diane Bolger to Indian Park Association, the receipt of which is hereby acknowledged, Indian Park Association hereby fully releases and discharges Ronald William Bolger and Patricia Diane Bolger, their heirs, executors, successors, administrators, trustees and assigns from any and all obligations arising from the restrictive covenants attached hereto and directs that the restrictive covenants be deleted from the title to the Lands. November DATED AT Orillia THIS 6th DAY OF E)C-TePrE-R 2008. INDIAN PARK ASSOCIATION per: name: chele O'Sullivan office president I HAVE AUTHORITY TO BIND THE CORPORATION. Page 438 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... rniw Datuatant proVidea as rattowa: See Schedule for Restrictive Covenants. ont o) Party taw) (Sat out &Cetus or Nama(s) • SEYMOUR,Peter William .. . ........................................................................ SETMOUR, Victoria Jacqueline (Owners) (11) Amman rarworrice 30 Frederick oa) Party(saa) ($at out status or interest) NAma(w) (1�) Aodraaa Contlhuou an schadwin Slgnaturets) D ato or sipnaturo »_.. ;1999 ;02 ;(0 .............................................. )........ ...;.... .... ....,�.............................i........;.....i.... ycv�...........1999 iOZ ;l •t• •i• •t t Orillia, Ontario, L3V 5W4 sl0nature(e) Date at s1pnature Y M p i ...... ...............................♦ ........ ..... ...1..... Paae 439 of 455: Property filar K napim p lgangl; idnnttttar(a) See suw:ula V a) Nature or Document Y Q RESTRICTIVE COVENANTS N cz: LU r•• r rr C7 753 Z) Conatdarattan � ---------- 00.00Nil-- r. t3I Daacrlptlon O `, ;� iz' West half of Lot 2, Concession 6, Township of Oro-Medonte (formerly Township of Oro) , ;, County of Samcoe. LM , As previously described in Instrument No. Now Property ICtontiflors Adcmonal; 01271526, Sea tax»dule Exaauganw (� -tills (p) Radaoerlptlon t(0I Setlactulw For: Audfgt SeaContains: anvoillw ❑ DaaUment Now Eaaamanr Descrl Gan Ptan/Sketcp 11 i P 0 Adgitlunal Otnnr Pantos ❑ rniw Datuatant proVidea as rattowa: See Schedule for Restrictive Covenants. ont o) Party taw) (Sat out &Cetus or Nama(s) • SEYMOUR,Peter William .. . ........................................................................ SETMOUR, Victoria Jacqueline (Owners) (11) Amman rarworrice 30 Frederick oa) Party(saa) ($at out status or interest) NAma(w) (1�) Aodraaa Contlhuou an schadwin Slgnaturets) D ato or sipnaturo »_.. ;1999 ;02 ;(0 .............................................. )........ ...;.... .... ....,�.............................i........;.....i.... ycv�...........1999 iOZ ;l •t• •i• •t t Orillia, Ontario, L3V 5W4 sl0nature(e) Date at s1pnature Y M p i ...... ...............................♦ ........ ..... ...1..... Paae 439 of 455: 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... rBox 7 (b)— Other Restrictive Covnants The Real Property to which the burden of the restrictive covenants hereinafter enumerated shall attach and be annexed are all of the those lands more particularly described as follows West half of Lot 2, Concession b, Township, of Oro-Medonte (formerly Township of Oro) , County of Simcoe (hereinafter called the "Lands"). The Real Property to which the benefit of the restrictive covenants hereinafter enumerated shall attach and be annexed are all of those lands more particularly described as follows: Part of Parcel D-1, Section M-8, being Block P on Plan M-8, Township of Oro-Medonte (formerly Township of oro), County of Simcoe (hereinafter called the "Benefitting Lands"). The Owners, as set out in Box 10 hereof hereby covenant and agree for themselves, their heirs, executors, administrators, trustees, successors and assigns to henceforth observe, comply with an be bound by the restrictive covenants hereinafter set forth and nothing shall be erected, fixed, placed or done upon the Lands, or on any part thereof, in breach or violation or contrary to the fair meaning of the restrictive covenants set forth herein_ The invalidity in whole or in part of any of these restrictive covenants skull not affect 'the validity of the other restrictive covenants or remaining portion of the restrictive covenants herein contained. 1. No building or structure shall be constructed, placed or maintained in or on the Lands without the prior written approval of the registered owner from time of the Benefitting Laxids - 2_ No building or structure shall be constructed, placed or maintained in or on the Lands except in accordance with building plans and specifications approved in writing by the registered owner from time to time of the Benefitting Lands_ 3. No building or structure shall be constructed, placed or maintained in or on the Lands except where such building or structure is consistent in design, structure, location and materials with other development located within the Sugarbush Subdivision (consisting of the lots within Registered Plans M- 6, M-9, M-30 and M-31) as determined by the registered owner from time to time of the Benefitting Lands, acting reasonably. 4. No Live vegetation shall be cut or removed from the area consisting of the northerly 30 feet in perpendicular width throughout of the hands, except as may be reasonably required to permit the, construction of any building or structure approved in accordance with the foregoing restrictive covenants. Page 440 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B THE CORPORATION OF THE 121" 148 Line 7 S., Box 100 (D Oro, Ontario LOL 2X0 TOWN(SHIP Phone (705) 487-2171 c Fax (705) 487-0133 June 12, 2008 Mr. and Mrs. Bolger 79 Huronwoods Dr. RR#4 Coldwater, ON LOK 1 E0 Re: Indian Park Association Lands Dear Mr. and Mrs. Bolger: www.oro-medonte.ca Your correspondence dated May 18, 2008, with respect to the above -noted matter, was formally received by the Council of the Township of Oro-Medonte at the Committee of the Whole meeting of June 4, 2008. If you require further information, please contact the undersigned. Yours truly, )Doug Irwin Director of /mb rporate Services/Clerk Page 441 of 455 9.a) Ronald Bolger correspondence re: Request for Refu 1129MPY (B... INDIAN PARKASSOCIATION 15 ALGONQUIN TRAIL R.R. #4 COLDWATER, ON LOK sEO Office: (7o5) 835-3000 Fax: (7o5) 835-2094 email: indparkassoc@thunderstar.net web: http://indparkassoc.tripod.com July 15, 2oo8 The Township of Oro — Medonte 148 Line 7 South, Box loo Oro, ON LoL 2Xo Attention: J. Douglas Irwin Director of Corporate Services/Clerk Dear Douglas: 0 This letter is formal notice by the Board of Directors of the Indian Park Association, 15 Algonquin Trail, R.R. #4 Coldwater, ON giving Ronald W. & Patricia D. Bolger owners of Part Lot 2, Concession 6, Township of Oro — Medonte located at 79 Huronwoods Drive, R.R. #4 Coldwater, ON permission to act as our agent in the purchase of IPA owned land in front of their existing property. If you have any further questions please feel free to contact me at the office Monday, Tuesday and Thursday 1o:oo — 4:30 pm. Respectfully, Deborah L. Price Sherman Administrator for the Board of Directors and Equity Members Indian Park Association Page 442 of 455 ,9.a) Ronald Bolger correspondence re- Request for RefunC 619-ZBA-10 (B... Township of Oro-Medonte APPLICATION FOR CONSENT Application No. 2008 -B -d3,9 Roll No. The undersigned hereby applies to the Oro-Medonte Township Committee of Adjustment under Section 53 of the Planning Act, R S.0., 1990, for consent, as described in this application. PLEASE NOTE: The applicant is responsible for posting the notification card on the subject property and for marking the boundaries of the -proposed application. The applicant Is also re: sponsible for providing a sketch showing complete.. building/setback information. Failure to do so will. result in a delay of -the application being considered by the Committee. 1. Location of Subject Lands: Concession No. Lot(s) Reg'd. Plan No. Lot(S) 7 '4 C/< 1 v MAS # Y.,4e A 4 7- 2. Name of Registered Owner(s);t AddressS.�� Postal Code L 0 le P - E�) Telephone No.(s) -7C),51- k Ez 2 t. � � 0 Length of time property has been owned 2years. 3. a) Type and purpose of proposed transaction: Conveyance Other 0 creation of new lot p mortgage or charge addition to a lot please a boundary adjustment p easement, right-of-way [] technical severance Q correction of title PURPOSE FOR APPLICATION: TO CONVEY PARCEL TO BE SEVERED TO ADJACENT OWNERS WHO CURRENTLY HAVE A REGISTERED RIGHT OF WAY OVER THE PARCEL FOR ACCESS TO THEIR PROPERTY. Page 443 of 455 Tnn . J 7T ATnrt41d-nl7n Jr) JTTTCMtAr)T QG - QT ❑nn7_c7_'T0n 9.a) Ronald Bolger correspondence re- Request for. Refund, 2019-ZBA-1 0 (B 2 b) Name of person(s) (purchaser, lessee, mortgagee, etc.) to whom land or interest in land is to be conveyed, [eased, mortgaged, etc. Ij D C) Relationship (if any) of persons named in (3b) fa owner (specify nature of relationship) ,ky 0 N L 4. Description of land intended to be conveyed (severed): Frontage c [Depth' l a 6 z4 Area - Existing use Proposed use 2)R i d F� 019 V. 466 5--S. - Number and use of buildings and structures (both existing & proposed) on the lands to be conveyed: N Q t\g" F_ 5. Description of land intended to be retained: Frontage Depth Area 3f a e -re S Existinguse -V'4e�, Proposed use V/ '4. Number and use of buildings and structures on the land to be retained: N /I? PIP L 4 /1 1_7k E 6. Number of new lots (not including retained lot) proposed: 7. Type of road access (e.g. provincial highway, county road, municipal road - maintained year round, municipal road - seasonal, other public road, right of way, or water) for the proposed lot: Page 444 of 455 3700'd SIXOGEW-OHO aO dIHSXMOI 69:9T 8009-93-7nr 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... 3 retained .tot: 17 8. Present Official Plan provisions applying -to the land: 9: Present Zoning By-law provisions applying to the land: 10. What tyke of water supply is proposed? m V E` ?04 ! Proposed Lot Retained Lot Municipally owned/operated p [j Privately owned/operated p 0 Individual Well Q 1 p . Communal Well 0 Q Take d [] Other (specify) 11. What type of sewage disposal is proposed? Proposed Lot Retained Lot. Municipally owned/operated n [j Privately owned/operated 0 [] Individual Septic Tank Q I� Communal Septic Tank [� Q Privy p Other (specify) 12. a) Has the owner previously conveyed any land from this holding or has any land been previously conveyed from this holding? 0 yes nQ ' b) If yes, indicate previous conveyance(s) on the required -sketch and supply - the 'Following information for each lot severed: Grantee's name Relationship (if any) to owner Date parcel created Use of parte File # Decision Page 445 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... 4 13. Has the parcel intended -to be conveyed ever been, or is it now, the subject of an application for a plan of subdivision under Section 51 of the Planning Act, R.S.Q-, 1990, or predecessor? [] yes �no If yes, indicate file number 14. Is the owner, solicitor, or agent .applying for additional consents on this holding simultaneously with this application, or considering applying for additional consent in the future? 0 yes � no 15. Is the owner, solicitor or agent applying for/ or ever applied for any minor variance or permission to extend or enlarge under Section 45 of the Planning Act, R.S.O., 1.990 in relation to any land that is the subject of this application? [] yes no If yes, indicate file number 16. Has the parcel intended to be conveyed ever been, or is it now,.the subject of an application for an Official Plan Amendment under Section 17 of the Planning Act, R.S.Q., 1990, or predecessor? [l yes 'Ano If yes, indicate file number 17. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for a Zoning By-law Amendment under Section 34 of the Planning Act, R.S.Q., 1990, or predecessor? 0 Yes o If yes, indicate file number 19. Is the parcel subject to any easement or restrictive covenants affecting the subject land? Easement to Consumers Gas (instrument #441545) and to Township of Oro-Medonte yes 0 no (instrument # 354320) and easement for access originally to Seymour now transferred to /1111 Ronald & Patricia Bolger (instrument # 379704) — copies attached. If yes, please provide description -of the easement or covenant and its effect 19. Name of owner's solicitor or agent A `` Address Postal Code = Telephone No.(s) ',KJ7,E- 6 q 6 Cr`V 20. Please specify to which of the following all communications should be sent: j] owner agent p solicitor Page 446 of 455 ;F,nn•.r RIXOQHW-0230 ,30 dIHSNMOI 69:9I e009-99-7RP 9.a) Ronald Bolger correspondence re- Request for Refund, 2019-ZBA=10 (B... AUTHORIZATION Declaration of an Authorized Agent (to be completed where an agent.is acting on Behalf of the owner): l/1Ne f as the owner of 04 C _.. °' fin the Township of Oro-Medonte, County of Simcoe hereby authorize 1 a to act as my/our agent with respect to this application. ° Y - Signature of owner Declaration of Owner or Authorized Agent: DATED at the TownshigT Ctft of fil) Ai -17 this day 2008. (Signature of, ApOicar- - el citc�; or A tharized Agent) !/we ` Lz-- ELL,of the Township of n.. - ;,�-i P in the County/FL-gian of , solemnly declare that all the statements contained in this application are true, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as 'if made under oath and by virtue of the Canada Evidence Act: DECLARED before me. at the ) ki 0 s I'll of v f�: 12 t°-.! ) in the r,0 a tv T V Of � h. C, V) this l7day of /97 7" 2008) 900'd (Signature of AppacnalpagAmUft or Agent) The personal information on this form is being collected pursuant to the Planning Act, R.S.O., 1990 and will be used in relation to the procession of this consent application. If you have any questions I please ask at the Oro-Medonte Township Office. Page 447 of 455 HIROGEW-OHO AO dIHSKM01 69:9T 8003 -93 -'Mf 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA=10 (B... I11O7E'S: 1. ONLY FULLY COMPLETED APPLICATIONS WiLL BE PROCESSED. 2. Pursuant to the Township of Ciro-Medonte Tariff of Fees By-law, applicants will be responsible for any and all costs associated with this application including costs incurred in the event of an appeal to the Ontario Municipal Board. 3. One (1) copy of this application must be filed with the Secretary -Treasurer of the Oro-Medonte Township Committee of Adjustment, together with the required sketch, accompanied by a fee for the consent application and the septic system review application in the amount of nine hundred dollars ($500.00), in cash or by cheque made payable to the "Township of Oro-Medonte". Note: This fee is non- refundable. 4. if this application is signed by an agent or solicitor on behalf of an applicant, the owner's written authorization must.accompany the application. If the applicant is a corporation acting without an agent or solicitor, the application must be signed by an officer of the corporation and the corporation's seal (if any) must be affixed. 5. Each application must be accompanied by a sketch showlng: (a) abutting land owned by the grantor, its boundaries and dimensions; (b) the distance between the grantor's land and. the nearest Township lot line or appropriate landmark (e.g., bridge, railway crossing, etc.); (c) the parcel of land that is -the subject of the application, its boundaries and dimensions, the part of the parcel that is to be severed, the parcel that is to be retained and, where (if applicable) the location of all land previously severed; (d) the approximate location of all natural and artificial features on the subject land (e.g., buildings, railways, highways, watercourses; drainage ditches, banks, slopes, swamps, wooded areas, wells, and septic systems) and the location of any of these features on adiacent lands which may affect this application; (e) the use of adjoining land (e.g, residential, agricultural, cottage, commercial, etc.); (f) the location, width and names of all road allowances, rights -of -ways, streets or highways within or abutting the property, indicating whether they are public travelled roads, private roads, rights-of-way or unopened road allowances; (g) the location and nature of any restrictive covenant or easement affecting the subject land; (h) an arrow indicating north; (i) if the lot to be conveyed is intended to be used as a residential building lot and it abuts agricultural land, indicate the distance from any agricultural structures (e.g., barns, etc.); and, (j) the retained lot must be identified by green outline, the severed lot by red outline. Page 448 of 455 onn•s IJTkTnrr1ZTc7_nun Jn _TTvcnrmnT GG -0T ❑nn7-G7-rrnn 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... List of Standard Severance Conditions 1. That the Township Building Department approve of the site, in writing, for installation of a'sub-surface sewage disposal system; 2. That three copies of a Reference. Plan of the subject lands prepared by. an Ontario Land. -Surveyor be submitted to the Committee Secretary; 3. That a Development Charges Fee in the amount of $4,286.96 (By-law 2004-082) be paid to the Township of Oro-Medonte; 4.. That the applicant dedicate to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in=lieu of a parkland contribution pursuant to subsection 53(13) of the Planning Act, R.S.C. 1990 c, P. 13.; 5. That the applicant dedicate to the Municipality a fee of $500 for each new lot created for industrial or commercial purposes as cash -in -lieu of a parkland contribution pursuant to Section 53(13) of the Planning Act, R.S.O. 1.990-c. P. 13.; 6. That all. municipal taxes be paid.to the Township of Ciro-Medonte; 7.. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision; 8. That a 15 metre daylighting triangle at -the corner of the Concession Road and the .]goad Allowance between lots be transferred to the Township of Ora-Medonte to the satisfaction of the Township Roads Department; 9. That 'a 0.3 metre reserve along the Road Allowance between lots be transferred to the Township of pro-Medonte to the satisfaction of the Township Roads Department. 10. That the applicant provide the Township with a deed of transfer for a 3 metre road widening for the severed lot. 11. That the applicant apply for and obtain a rezoning on the subject lands to accurately reflect the land use; 12. That the applicant satisfy the Ministry of Agriculture and Food with respect to conformity with the Foodland Guidelines and -the Agricultural Code of Practice. 13. Submissions of deeds in triplicate for the parcel(s) severed, one copy to be retained by the Municipality. 14.That. the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent. 15. That the deeds be stamped utilizing Form 2, under Section 53(42) of the Planning Act R.S.Q. 1990, without qualification. 16.That the deeds be stamped utilizing Form 4, Section 53(42) of the Planning Act R.S.Q. 1990, if it is the intent to merge the properties. 17 -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. ).nn, T rq,T.gnrr,4w-nxn .an (4THgfTM0J. Page 4V*45P00z-,z-,ar 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10' (B.... N Committee; of Adjustment Scheclule - 200 Lzat Dx7 L= licart� .eta,5 Rep= ra Committee Wig. Da Jam, 2 Jnvuq 11 J=uxT 17 zi ld=h 28 Apo! 1 April 11 AprR 17 � 25 ApaT29 IL -q 9 Ulan .15 30. 5 13Um 19 jum 'zr" July 2 July 11 17. AzgxmtI Aq�g=5 Amr=15 A%-=21 12 Sepoe=ber 1.9 0 ewlnx .3 Nore=bec 4 Novembez 14 -Novi s=bex Novembex 28 T e=-bexy • December 12 Deer 1.s Page 450 of 455 9.a) Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS DATE: THURSDAY, SEPTEMBER 18, 2008 TIME: 9:30 A.M. 1. OPENING OF MEETING BY THE CHAIR 2. ADOPTION OF AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of August 21, 2008 5. PUBLIC MEETINGS a) Application: 2008-A-36 Applicant: Mike Vella Location: 1844 Warminster Side Road, Plan 309, Part of Lot 45 and 46 (Formerly Township of Medonte) Proposal: Proposing to construct a new roof on an existing dwelling which would further encroach into the required exterior side yard setback b) Application: 2008-A-37, 2008-A-38, 2008-A-39 Applicant: Russell Hill Homes Location: Diamond Valley Drive, Part of Lot 3, Concession 7 (Formerly Township of Oro) Proposal: Construct three single detached dwellings located east of Line 6 North and South of Monica Court which will be used as model homes for the proposed Diamond Valley subdivision c) Application:' 2008-A-40 Applicant: Vincent and Maura Caruana Location: 1065 Lakeshore Rd. E., Plan 882, Lot 15& 16 (Formerly Township of Oro) Proposal: Construct a one -storey boathouse with a gazebo attached to its roof, as well as a accessory building d) Application: 2008-A-41 Applicant: George and Heidi Caufin Location: 175 Lakeshore Road West, Lot 65, Concession 7 (Formerly Township of Oro) Proposal: Construct a single -storey boathouse e) Application: 2008-A-42 Applicant: Marion Garnett Location: 3 Beach Road, Plan 949, Lot 16 (Formerly Township of Orillia) Proposal: Construct a single detached dwelling with an attached garage Page 451 of 455 . . . page 2 Committee of Adjustment Agenda - Thursday, September 18, 2008 9.a) Ronald Bolger correspondence re- Request for Refund, 2019-ZBA-10 (B... Page 2 f) Application: 2008-B-19 Applicant: Gavin Wright and Caron Wilson Location: 14 Cahiague Road, Lot 14, Concession 11 (Formerly Township of Medonte) Proposal: Creation of a residential lot g) Application: 2008-B-38 Applicant: George Anderson Location: 1004 Line 14 North, Pt. Lot 9,West Pt Lot 10, Concession 14 (Formerly Township of Medonte) Proposal: Boundary adjustment h) Application: 2008-B-39 Applicant: Indian Park Association Location: 15 Algonquin Trail, Plan M-8, Lot 2, Concession 6 (Formerly Township of Oro) Proposal: Permit a lot addition i) Application: 2008-B-40 Applicant: Stuart and Shirley Woodrow Location: Part of Lot 20, Concession 7 (Formerly Township of Oro) Proposal: Boundary adjustment 6. STAFF REPORTS None 7. NEW BUSINESS a) Application — 2008-A-32 (Bell) b) OMB Appeal — 2007-A-18 (Spasov) c) Draft 2009 Calendar [to be distributed at the meeting] 8. ADJOURNMENT 6 -- W) 452 Qf 455 Committee of Adjustment Agenda TI1Zirsday, September 18, 2008 � y na)aftIsBi:00rQwfW3qmWMence re fi 148 Line 7 South P.O. Box 100 ORO ON LOL 2X0 Telephone: (705) 487-2171 Facsimile: (705) 487-0133 Ron Bolger Date: Monday, August 11, 2008 Bulk: Severance GL Part Viii (Septic) GL 2008-B-39 010-3-03900 2008-B-39 010-3-03900 Request for Refund, 215A-10 (B... Receipt #: 85166 Cashier: Counter 1 $700.00 $200.00 Total: $900.00 Payment Method Postdate Amount Cheque $900.00 $900.00 Page 453 of 455 9.a) Ronald Bolger correspondence re- Request for Refund, 2019-ZBA-10 (B THE CORPORATION OF THE RONALD BOLGER 79 HURON WOODS DRIVE RR#4 COLDWATER, ONT LOK 1 EO RE: Minor Variance Application 2008-A-45 148 Line 7 S., Box 100 Oro, Ontario LOL 2X0 Phone (705) 487-2171 Fax (705) 487-0133 www.oro-medonte.ca November 5, 2008 Please be advised that no appeals have been received pertaining to the above noted application, therefore the decision of the Committee of Adjustment of October 16, 2008 is final and binding. If you have any questions, please feel free to contact the undersigned. Yours truly, 1'_____Stdven Farquharson, B.URPL Secretary -Treasurer, Committee of Adjustment. COP, 454 of 455 Ronald Bolger correspondence re: Request for Refund, 2019-ZBA-10 (B... Of ORO_ COMMITTEE OF ADJUSTMENT NOTICE OF DECISION Submission No. 2008-A-45 — Ronald Bolger Plan M-8, Lot 2, Concession 6 (Formerly Township of Oro) IN THE MATTER OF the Planning Act, 1990, as amended, Section 45 (1)(2)(8)(9) and (10), and IN THE MATTER OF an application to the Committee of Adjustment submitted with respect to 2008-A-45 — Ronald Bolger, Plan M-8, Lot 2, Concession 6 (Formerly Township of Oro) now in the Township of Oro-Medonte. The Committee, in making the decision upon this application have considered whether or not the variance requested was minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, or in the case of a change in a use of property which is lawfully non -conforming under the By-law as to whether or not this application has met the requirements of Section 45 (2) of the Planning Act. The following is the Decision of the Committee: It is recommended that the Committee approve Variance 2008-A-45, being to grant a reduction for the minimum required lot frontage in a Private Recreational Zone from 30 metres to 9 metres and to allow a driveway to access a dwelling located to the west. Lynda Aiken Bruce Chappell Garry P ter Michelle Lync Chair Dated this 16th day of October, 2008. Carried. Rick Webster Steven Farquharson Secretary Treasurer NOTICE IS HEREBY GIVES: THAT THE LAST DATE FOR APPEALING THE ABOVE DECISION AND/OR CONDITIONS TO THE ONTARIO MUNICIPAL BOARD IS NOVEMBER 5, 2008. Page 455 of 455