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10 07 2020 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Meeting Wednesday, October 7, 2020 5:30 p.m. Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte facilities will be closed to the public until further notice. This includes the Township Administration Centre. We will continue to offer services online and over the telephone. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: To Request to Participate to provide verbal comments, complete the form and review the Protocols for Public Participation at the following links: o Request for Public Participation Form Protocols for Public Participation Council and DS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: Page 1 of 430 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 42a) Minutes of Development Services Committee meeting held on Wednesday, September 2 and Thursday, September 3, 2020. 5. Public Meetings: 43 - 69 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 Lot 50, Concession 2, municipally known as 517 50/51 Sideroad, 2019-ZBA-11, (John, Linda & George Hill). 70 - 85 b) 5:45 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, W Part of Lot 5, W Part of Lot 6, E of CPR, Concession 8 (Medonte), municipally known as 87 Warminster Sideroad, 2020-ZBA-16, (Steve & Stephanie Moyle) \[Refer to Items 7a) and 5a) 10 07 2020 Council Agenda\]. 6. Public Hearings: 86 - 108 a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2020-A-42 by Tracy & Derek Martin, 299 Penetanguishene Road. 109 - 132 b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance Application 2020-A-43, Big Cedar (Oro) Resident Association, Peggy Crawford, 10 Maple Crescent, (Big Cedar). 133 - 159 c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance Application 2020-A-44, Wayne Knicely, 2166 Townline. 160 - 179 d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Consent Application 2020-B-23A, 2020-B-23B, & 2020-B-23C by William Finlayson, 372 Moonstone Road East. 180 - 204 e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance Application 2020-A-45, Matthew McCowan, 152 Lakeshore Road West. 205 - 232 f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance Application 2020-A-46, Lori & Kyle Heittola, 207 Line 3 North. 233 - 252 g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Minor Page 2 of 430 Variance Application 2020-A-47, Eric Vollering and Heather Oakley, 2000 Ridge Road West. 253 - 281 h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance Application 2020-A-48, Sharon & Robert Pauselli, 985 Woodland Drive. 282 - 315 i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance Application 2020-A-49, Terry Baker & Wendy Luft, 255 Eight Mile Point Road. 316 - 334 j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2020-A-50 (McCaskie), 1179 Line 2 South (Oro). 335 - 371 k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: Consent Application 2020-B-24 & Minor Variance Application 2020-A-52 by 1783048 Ontario Ltd., 31 Bay Street. 7. Reports of Municipal Officers: 372 - 381 a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning By- law Amendment Application 2020-ZBA-16, Steven and Stephanie Moyle, 987 Warminster Sideroad \[Refer to Item 5a) 10 07 2020 Council Agenda\]. 382 - 386 b) DS2020-119, David Saunders, Manager, Development Engineering re: Earthworks Pre-Servicing Agreement with 1157391 Ontario Inc. (East Oro Estates) File# 2018-SUB-02 \[Refer to Item 5b) 10 07 2020 Council Agenda\]. 387 - 411 c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-B-01 Revised (James Kelman-Finlay, Shannon Geniole and Donald Geniole) 392 Line 10 South. 412 - 420 d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Application 2020-B-19 by Michael and Kelly Foley, 46 Boyd Crescent. 421 - 430 e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Variance Application 2020-A-28, Marion Joyce Logie and Roderick Arthur James Gordon, 1374 Moonstone Road West. 8. Next Meeting Date: November 4, 2020. 9. Adjournment: a) Motion to Adjourn. Page 3 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 4 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 5 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 6 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 7 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 8 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 9 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 10 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 11 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... Page 12 of 430 4.a) Minutes of Development Services Committee meeting held on Wednesday... 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Page 42 of 430 Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2019-ZBA-11 (John, Linda & George Hill) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meetingover the internet for public viewingand participation. Please refer to the Township’s website (oro-medonte.ca) for Public Meetingviewing and participation information. Take notice thatthe Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a “Complete” Application pursuant to the th Planning Acton the 18day of June, 2020. Take notice thatthe Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on October 7, 2020at 5:30p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Part Lot 50, Concession 2,municipally known as 517 50/51 Sideroad. A key map illustrating the location of the subject lands, and a copy of the applicants site plan are included with this notice. The purpose and effectof the proposed ZoningBy-law Amendment is torezone the lands from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception (A/RU*##)Zone. The proposed zoning Amendment will rezone the lands to permit one accessory apartment dwelling unit to be located within a detached accessory building and will be subject to size restrictions. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1.Emailed to planning@oro-medonte.caprior to or during the Public Hearing; 2.Dropped in the drop box at the Township Administration Office on Line 7 South; 3.Faxed to (705) 487-0133; or, 4.Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medontebefore 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-Medonteto the Local Planning Appeal Tribunaland 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. Further detailsof the application arepart of the public record and areavailable to the public for viewing/inspectionon the Township’s website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning@oro-medonte.ca. their communications maybecome part of the public record and may be made available through the agenda process which includes publication on the Township’s website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requestsshould be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Attn: Andria Leigh,Director, Development Services planning@oro-medonte.ca th Dated at the Township of Oro-Medonte this 10dayof September, 2020. Location Map 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ September 14, 2020 12:34 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting 2019-ZBA-11 (Hill) - Development Services Committee Meeting scheduled for October 7, 2020 Teresa Development Engineering has No Objection to the above noted Application. Regards and Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 46 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Friday, September 11, 2020 8:48 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting 2019-ZBA-11 (Hill) - Development Services Committee Meeting scheduled for October 7, 2020 Teresa Operations has no objections nor further comment on this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 47 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ September 14, 2020 2:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting 2019-ZBA-11 (Hill) - Development Services Committee Meeting scheduled for October 7, 2020 Building Division comments are as follows; 1. Building permits are required for the all construction and sewage system(s). Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 48 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Municipal Planning <MunicipalPlanning@enbridge.com> {ĻƓƷʹ Wednesday, September 16, 2020 9:33 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application and Public Meeting 2019-ZBA-11 (Hill) - Development Services Committee Meeting scheduled for October 7, 2020 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@Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE GAS INC. TEL: 416-495-5386 500 Consumers Road, North York, Ontario M2J 1P8 Enbridge.com Safety. Integrity. Respect. Page 49 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 50 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 51 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 52 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 53 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 54 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 55 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 56 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 57 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 58 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... ) 1 1 - A B Z - 9 d 1 a 0 2 ( o t r n e e G m d N i d I T n E S e E m M 1 A C e I e t t L 5 i w r m B / e a m n l U e o n t - a C n l P 0 o s P y d e, l Y e c i P B . 5 v M R r - M e 0 o , r S 2 O s g t 0 O n i T n 2 f e b , o 7 n U b i 7 8 m p rio 3 p T eh R n 0 o l s 1 b 9 A y e nl o 1 t o v y - T w l c ei a o OTDKH 5 Z S Page 59 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... t i n Septic Systems (approximate location) U l l a i a t s n n oe i c t d i a i i hd s t e d 9 AR s 0 . i 8 r : a e e r t A a c h 2 a 8 r : a a e r h A C g n i l e l - e t e l i w g nD i S Sd e y r h a c a mt i r e Pd Page 60 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... t i n U l s l a i a t c n n i o e i t t d i i d s s e d i AR r e t a c h 2 a 8 r : a a e d r h e A h c C a t e d e - t e l i g n i S S g y n r i l a l e m i w r PD Page 61 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... s e s U d n a a L h 2 g 8 : n a i e r d A n u o r r u S Page 62 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... t p e c n o C t n e m p o l e v e D Page 63 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... n a l P h t w o r G & S P Plan and Rural lands in Provincial density rural residential uses P ffective and meets the needs of the t areas in Springwater and Oro- w e i v r e v O y c i Identified as Rural Area in Growth Policy Statement Appropriately utilizes private water and sewer servicesIntensification of subject lands by adding an additional residential unit for an underserved populationIn close proximity to settlemenMedonte, and has access to Highway 400 and Highway 93 Additional residential unit maximizes potential of land and infrastructureCompatible with surrounding low Size of land is appropriate to accommodate increased density while maintaining limited lot coverage Facilitates housing that is cost efamily l o P Page 64 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... s d n a l n l e a r e r u GR n a l P l a i c i f f O e o c m i S f o y t n u o C Page 65 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 2 n o i t s n c d e n t a a o l r l d P o l o a P t W n t l e n m a a n c i i f o i r i n v g c in i SE f f O e t n o d e M - o r O f o p i l a h r u s R n w o T Page 66 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w a l - y B g n i n o Z p i h s n w o T Zoned: Agricultural/Rural (A/RU) Proposed Zone: Agricultural/Rural Exception (A/RU*XX) Page 67 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... d e t s d e e s o u p o r q P e R s Single detached dwelling: >2Accessory Apartments: >1 n o In a detached accessory building2 dwelling units (1 existing single detached dwelling and 1 accessory apartment)501.6 square metres (existing)100 square metres (1056 square feet)Separate means of egress8 metres (25 feet)100 square metres (1056 square feet) 1.01% i . t ) S . ( a q ) ns i . p s e n a qr . y ) t o t r . s f m e e o. s q t 4 s sf e m m r 8 s . c t5 oe u 1 e f.) t rr , f c 4 3 c 1a x 8. ) c ( 5 s u u 31 4 r a . 7s . st q 5 ( e5 ( 5s e E s 1 r r . s . t s g d 0 d e S e S e r e (0n (n r t t 1a ) m a e t g e m : w s ee ng m e o i r m lg e r n l n if af e l n a elei r o u r e7 l e az d t. w q l a i u 4 a ws -d u r U u 1 q d q 0a( d b R s y s / 1 n p e s i y 0 1A e r h ) 0 e a 7 r s : co 5 5 t e . B: m s g a : t s e h d t i1 ti s t n i . i 1 e nt l e me n l5 :n r d ua i c t) i u. e 5 h g c . 8 o e gt S u g l w l. g a ( 4 n n 5 gd i e n q i . a: l i t n l d l n d ld ig e d d i l n i nee i e s: n s ne ie h o R t u w s ah w c ac d u b d sel r n c i d t )a 4 o i tc nte .ay tu i 9 t r nn a e p 5 no 1b e o o t ue d p. d . e 5 s dy e sl 5 s S l r m tg s m t(t .s s e2 i a ti no g Z r le i r eS l : sf, dn a lc gr ( mi a ) s s g o re c ep n gk t p i 6 1 ee rn et a a . i e ie w s a l s :c a l p p ff 1 t f g d ff c.u m p te i o o n o a fr oo a5 o ) f nr e w e o a a f. s h 4 eoe aa t .d rp ee h n mo S v er e rr t a 5 ( m e r r at r do e te aa .o ) r r baa e h a e s. b rrC b S e a r r g p h (q mit omo h m po o c g s tA ue o oo i n u all oa o wa .n ll nf hfL i ty n t ff n t rf y e e d u r n . o v mmmm m u d o mmm el w s 4 g a uuu uu ) . s uuu c s e n h 4l mi s6 x lmmm mme . t t liii ii mmm g r7 e o iiie c 5 xx)sxxx e cn a0 , nnn c i . , aiia4uiaaa t c w T p . A SS1 o AMaM(MMdM-- M5MM(Ml Page 68 of 430 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... n o i tmentstorespondtotheneedforsecond s gdetachedapartmentdwellingthatprovides u l c n o C Ifapproved,applicationwillallowanexistinaccommodationforafamilymemberContributestotheprovisionofafullrangeofhousing,includingaffordablehousingDoesnotrequireexpansionofmunicipalservices;appropriatelyu tilizesthesameaccessdrivewayandutilizesprivateservicesTownshiphasbeenpermittingaccessoryaparsuitesMaintainsgeneralintentandpurposeofTownshipZoningBy-law.ProposedZoningBy-lawAmendmentisconsistentwithP PSandconformstotheGrowthPlan,CountyofSimcoeOfficialPlanandTownshipOfficialPlan. . u o y k n a h T Page 69 of 430 Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2020-ZBA-16 Steve & Stephanie Moyle Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to -medonte.ca) for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-ication pursuant to the st Planning Act on the 31 day of August, 2020. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on October 7, 2020 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as W Part of Lot 5, W Part of Lot 6, E of CPR, Concession 8 (Medonte), municipally known as 87 Warminster Sideroad. A key map illustrating the location of the subject lands, and a copy of the Draft Proposed Zoning By-law Schedule are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the subject lands from Open Space (OS) to Agricultural/Rural Exception 321 (A/RU*321) and Environmental Protection (EP) to accurately reflect the existing use of the subject property. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to planning@oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705) 487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, 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 Tribunalunless, in the opinion of the Tribunal, there are reasonable grounds to do so. Any person wishing further details or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning@oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario L0L 2E0 Attn: Andria Leigh, Director, Development Services planning@oro-medonte.ca th Dated at the Township of Oro-Medonte this 15 day of September, 2020. Location Map 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 15, 2020 12:52 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application & Notice of Public Meeting - Development Services Committee Meeting October 7, 2020 (2020-ZBA-16) Moyle Building Division has no comments at this time. Thanks, Garry McCartney Chief Building Official Township of Oro-Medonte Page 73 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Municipal Planning <MunicipalPlanning@enbridge.com> {ĻƓƷʹ Wednesday, September 16, 2020 9:26 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application & Notice of Public Meeting - Development Services Committee Meeting October 7, 2020 (2020-ZBA-16) Moyle 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@Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE GAS INC. TEL: 416-495-5386 500 Consumers Road, North York, Ontario M2J 1P8 Enbridge.com Safety. Integrity. Respect. Page 74 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ September 16, 2020 2:13 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Complete Application & Notice of Public Meeting - Development Services Committee Meeting October 7, 2020 (2020-ZBA-16) Moyle Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 75 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Wednesday, September 30, 2020 3:39 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA Comments re 87 Warminster Sideroad (2020-ZBA-16) Moyle NVCA File # 41180 Good afternoon Teresa, Thank you for the opportunity to provide comments on the above-noted re-zoning application on the property located at 87 Warminster Sideroad in the Township of Oro-Medonte. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the circulation which proposes to re-zone the subject lands from Open Space (OS) to Agricultural/Rural Exception 321 (A/RU*321) and Environmental Protection (EP) to accurately reflect the existing use of the subject property. NVCA staff confirm the area subject to re-zoning is not within: a flood-susceptible area; a hazardous site (characterized by unstable soils or bedrock); an erosion hazard area; a natural heritage feature. Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). Permission for site alteration and development is required from the NVCA within the NVCA Regulation Limit. It is understood that the existing use is established and that no development is proposed with this application. Thank you for circulating this application. If you have any questions regarding the above comments, please do not hesitate to contact the undersigned at eperry@nvca.on.ca Sincerely, Emma Perry Planner III Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 76 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 77 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 78 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 79 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 80 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 81 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 82 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 83 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 84 of 430 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Page 85 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Report Report No. To: Prepared By: DS2020-132 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-42 by Tracy & Derek Roll #: R.M.S. File #: Martin 4346-010-006-13400 D13-58490 299 Penetanguishene Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-132 be received and adopted. 2. That Minor Variance Application 2020-A-42 by Tracy & Derek Martin, specifically for permission to permit an addition to a detached accessory building for a total floor area of 115 square metres (1237.9 sq. ft.), on the lands municipally known as 299 Penetanguishene Road, Township of Oro-Medonte, be approved,subject to the conditions as outlined in Report DS2020-132. 3. The conditions are as follows: a. That notwithstanding Section 5.1.6 Maximum Floor Area Detached Accessory Building of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure 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 binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants decision under the Secretary- Development Services October 7, 2020 Report No. DS2020-132 Page 1of 9 Page 86 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Background: The subject property is located on the south-east corner of the intersection of Penetanguishene Road and 5/6 Sideroad. The lands support a single detached dwelling and accessory buildings, including a workshop containing a home occupation. Surrounding land uses consist of agricultural uses and rural-residential dwellingsto the north, south and east. The City of Barrie and residential uses are located to the west. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicant is proposing a 45.3 sq.m. (488 sq.ft.) addition to an existing 70.4 sq.m. (758 sq.ft.) detached accessory building (workshop). The applicant is seeking relief to the following section of Zoning By-law 97-95: Section 5.1.6 Maximum Floor Area Detached Accessory Building Required: Proposed: Maximum 100 sq. m. (1074.4 sq. ft.) 115 sq. m. (1237.9 sq. ft.) is included as Schedule 3. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.5 Rural Lands is applicable to this application. On Rural Lands the PPS permits uses that include locally appropriate residential development and home occupations and home industries. Since the application proposes an addition to an accessory building that supports a home occupation on an existing residential lot in a rural area, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. In Rural Areas the Growth Plan permits uses that include residential lots and, by extension, accessory buildings and home occupations. Development Services October 7, 2020 Report No. DS2020-132 Page 2of 9 Page 87 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Planning Staff is of the opinion that the proposed variance to facilitate an addition to an accessory building that supports a home occupation on an existing residential lot in a rural area conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are designated Rural by the Simcoe County Official Plan. The Rural designation include limited residential development, home occupations and home industries. the proposed variance to facilitate an addition to an accessory building that supports a home occupation on an existing residential lot in a rural area conforms to Official Plan. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial policy statements and shall conform with or shall not conflict with the Provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) 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 of the Official Plan? The subject property is designated Restricted Rural by . This designation applies to the relatively undeveloped lands in the Township that are located adjacent to the City of Barrie and the City of Orillia. This designation was established with the following objectives: Discourage the development of scattered residential, commercial and industrial uses in the areas surrounding Barrie and Orillia; Maintain and preserve the rural character of the area by clearly defining the urban boundaries of the Cities of Barrie and Orillia; and Protect the lands adjacent to Barrie and Orillia from incompatible development to ensure that the expansion of their urban service areas in the future is cost-effective and efficient. Permitted uses in the Restricted Rural designation include single detached dwellings, home occupations and home industries. Development Services October 7, 2020 Report No. DS2020-132 Page 3of 9 Page 88 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... building that supports a home occupation on an existing residential lot conforms to the Official Plan, as it is consistent with the permitted uses and does not conflict with the objectives of the Official Plan to protect the rural character of the area and maintain a clearly defined boundary with the City of Barrie. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) by ning By- law 97-95, as amended. Single detached dwellings, accessory buildings and home occupations are permitted in the A/RU Zone. The applicant is seeking relief from the Zoning By-law to allow an increase in the floor area of a detached accessory building (workshop) to 115 sq. m. (1237.9 sq. ft.), whereas the Zoning By-law currently permits a maximum floor area of 100 sq. m. (1074.4 sq. ft.). As noted above, the applicant is proposing a 45.3 sq.m. (488 sq.ft.) addition onto an existing detached accessory however only 15 sq.m of the proposed addition requires the relief from the maximum floor area requirement in the Zoning By- law. The general intent of the Zoning By-law in this regard is to ensure that an accessory building will be secondary and subordinate to the primary use of the property. If the variance is approved, the accessory building would remain a one-storey structure that is in keeping with the character of the existing one-storey dwelling on the lands. Despite the increase in floor area to 115 sq. m. (1237.9 sq. ft.), the accessory building would still possess a slightly lesser floor area than the existing 150 square metre (1,609 sq. ft.) dwelling. This, combined with the fact that the accessory building is setback behind the Staff satisfied that the dwelling will continue to appear and function as the main use of the property. Planning Staff have also considered whether the expansion of the accessory building, which contains a workshop serving a home occupation, might increase the scale and intensity of the home occupation in such a way that it might create a potential nuisance or incompatible situation. Having considered the nature of the home occupation, which includes the creation and sale of clothing items, jewelry and accessories, as well as garden ornaments, Planning Staff finds the home occupation to comply with the Section 5.15 (Home Occupations) of the Zoning By-law and to be of a benign nature and small scale so as not to create a nuisance. Planning Staff is therefore of the opinion that the variance meets the general intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? As stated above, Planning Staff does not expect the accessory building, which would be similar in height but slightly smaller in footprint than the existing one-storey dwelling, to negatively affect the current residential appearance and use of the property, nor is the Development Services October 7, 2020 Report No. DS2020-132 Page 4of 9 Page 89 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... development expected to intensify the home occupation in a negative way. The proposed addition to the accessory building will not interfere with functional matters on the lot, such as parking, access, the septic system or rear yard amenity space. Based on the above, Planning Staff are satisfied that the proposed development would be 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. It is he increase in size to the accessory building, once enjoyment of surrounding properties will not be negatively impacted. Therefore, in Planning Staff is of the opinion the requested variance is minor in nature. Financial / 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 Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2020 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: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Development Services October 7, 2020 Report No. DS2020-132 Page 5of 9 Page 90 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering No objection. Township Building Division No comments. Township Operations Division No objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-42 to permit an addition to a detached accessory building for a total floor area of 115 square metres (1237.9 sq. ft.), be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approval: Date Andria Leigh, Director, Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-132 Page 6of 9 Page 91 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-132 Page 7of 9 Page 92 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-132 Page 8of 9 Page 93 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicants Site Plan Development Services October 7, 2020 Report No. DS2020-132 Page 9of 9 Page 94 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, September 21, 2020 9:22 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-42) Martin Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 95 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:54 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-42) Martin Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 96 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 11:33 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-42) Martin Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 97 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 98 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 99 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 100 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 101 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 102 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 103 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 104 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 105 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 106 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 107 of 430 6.a) 6:00 p.m. DS2020-132, Derek Witlib, Manager, Planning Services re: ... Page 108 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-125 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-43 Roll #: R.M.S. File #: Big Cedar (Oro) Resident 4346-010-005-12100-D13-58491 Association 0232 Peggy Crawford 10 Maple Crescent (Big Cedar) Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-125 be received and adopted. 2. That Minor Variance Application 2020-A-43 by Peggy Crawford, specifically for permission to permit a detached accessory building in the Environmental Protection Zone on the lands municipally known as 10 Maple Crescent, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-125. 3. The conditions are as follows: a. That notwithstanding Table A5 permitted uses in EP, Section 5.18 non-conforming use, Section 5.27 setbacks from EP of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation, livestock, or commercial purposes; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the appropriate Zoning Certificate and Building Permit be obtained from th binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary-ture. Development Services October 7, 2020 Report No. DS2020-125 Page 1of 11 Page 109 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Background: The subject property is located within Big Cedar which is a residents-owned nonprofit retirement community containing 230 mobile homes on 188.6 acres of land at Bass Lake Sideroad East and Line 12 North (refer to Schedules 1 and 2). This retirement community has existed for over 30 years. The property subject to the minor variance application currently supports a single detached modular dwelling with an area of 102.6 sq. m. (1,104.0 sq. ft.), an attached garage with an area of 36.4 sq. m. (392.0 sq. ft.) and a sunroom with an area of 16.0 sq. m. (173.2 sq. ft.). The applicant is proposing to construct a new detached accessory building. The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 3.1, Table A5 Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed: Only existing uses permitted. Construction of a detached No buildings or structures, except those required accessory building within the EP for flood or erosion control. zone. Section 5.18 - Non-conforming Uses Permitted: Proposed: Buildings or structures existing before November Construction of a detached 5, 1997. accessory building within the EP zone. Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: No building or structure shall be located within 30 0 metres/within the boundary of the metres (98.4 feet) of the boundaries of the EP Zone. Environmental Protection Zone. The applicant site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 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 and Section 2.1 Natural Heritage are applicable to this application. Development Services October 7, 2020 Report No. DS2020-125 Page 2of 11 Page 110 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... the construction of buildings and structures requiring approval under the Planning development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage, aims to protect natural features for the long term. This policy is relevant due to the proximity to a provincially significant wetland. Planning staff are confident that the proposed detached accessory building will not affect the natural heritage features as the location is within an established neighbourhood and the NVCA has stated in a letter to the applicant that a permit is not required, as they do not regulate the proposed structure location. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. A Place to Grow, 2020 A Place to Grow (2020 provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (shed) is consistent with the Rural Areas policies in the Growth Plan 2020as the lands subject to this application are already within an established residential area. Section 4.2.2, 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. This policy is relevant due to the proximity to a provincially significant wetland. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. Planning staff are confident that the proposed detached accessory building will not affect the key hydrologic and natural heritage features as the location is within an established neighbourhood and the NVCA has stated in a letter to the applicant that a permit is not required, as they do not regulate the proposed structure location. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject lands are already developed for residential purposes and the proposed building would be located outside the NVCA regulated area and therefore not requiring a permit. County of Simcoe Official Plan The property is designated Rural, Greenlands and Agriculture Official Plan. The proposed accessory building will be located in the Rural designation. Development Services October 7, 2020 Report No. DS2020-125 Page 3of 11 Page 111 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... character and promote long- (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the Rural designation, and staff would consider the proposed detached accessory building to be consistent with this permission. ith the rural character of the area and permitting a building that is accessory to the permitted residential development. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is designated Special Purpose Community Area Plan. Pursuant to the policies of the Plan, permitted uses within this designation include mobile homes and accessory uses. This designation is intended to recognize existing residential developments that are not located within settlement areas in the Township and also to confirm that uses in these areas continue to conform to the policies of the Plan. The proposed residential construction will be in keeping with the existing character of the neighbourhood as mobile homes in the area have accessory or out buildings. Planning staff do not believe the proposed construction will have a negative impact on the existing disturbed environment. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Environmental Protection (EP), Agricultural/Rural Exceptions 7 and 209 (A/RU*7 & 209) -law 97-95, as amended. The applicant is asking for a minor variance for the following sections from the -law 97-95, as amended: Section 3.1, Table A5 Permitted Uses Development Services October 7, 2020 Report No. DS2020-125 Page 4of 11 Page 112 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... (Environmental Protection (EP) Zone), Section 5.18 - Non-conforming Uses and Section 5.27 Setbacks from Limits of Environmental Protection Zone. The general intent of the Zoning By-law in not permitting structures within the EP zone is to protect the natural heritage system and features in the area. Planning staff are satisfied that residential use is an existing use of the property and the addition of an accessory building within the EP zone will not cause harm to the already disturbed environment. Planning staff do not believe that an environmental impact study is required as the proposed construction is located centrally within the existing residential neighbourhood. It is Planning Staffs opinion that the proposed accessory building would appear secondary and subordinate to the existing residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable 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. Upon site visit, Staff noted many small existing accessory buildings in the area. The proposed structure will not interfere with functional matters such as parking and the septic system on the subject property. An email to the applicant from NVCA states that the proposed construction is not located within the NVCA regulated area. At the time of writing this report, no formal comments have been received by NVCA; the Committee shall have regard for any comments to be received. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In nature, as the structure is not anticipated to have an adverse impact on the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the 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 and Council chooses to defend the Development Services October 7, 2020 Report No. DS2020-125 Page 5of 11 Page 113 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2020 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: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the proposed development will not negatively impact the ibutes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering no objections Township Building Services no comments Township Infrastructure and Capital Projects no objections County of Simcoe no comments received Nottawasaga Valley Conservation Authority letter to applicant stating proposed construction is not within NVCA regulated area Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-43 be approved, specifically to permit a detached accessory building within the EP zone on the lands municipally known as 10 Maple Crescent on the basis that the application is consistent Development Services October 7, 2020 Report No. DS2020-125 Page 6of 11 Page 114 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... with and conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services October 1, 2020 Andria Leigh, Director, Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-125 Page 7of 11 Page 115 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services October 7, 2020 Report No. DS2020-125 Page 8of 11 Page 116 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-125 Page 9of 11 Page 117 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services October 7, 2020 Report No. DS2020-125 Page 10 of 11 Page 118 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services October 7, 2020 Report No. DS2020-125 Page 11 of 11 Page 119 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:09 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-43) Big Cedar & Crawford Teresa Operations has no objections to this application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 120 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 8:13 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-43) Big Cedar & Crawford Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 121 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 10:08 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-43) Big Cedar & Crawford Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 122 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 123 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 124 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 125 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 126 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 127 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 128 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 129 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 130 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 131 of 430 6.b) 6:10 p.m. DS2020-125, Danielle Waters, Planner re: Minor Variance A... Page 132 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Report Report No. To: Prepared By: DS2020-126 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-44 Roll #: R.M.S. File #: Wayne Knicely 4346-020-006-19901 D13-58492 2166 Townline Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-126 be received and adopted. 2. That Minor Variance Application 2020-A-44 by Wayne Knicely, specifically for permission to permit a detached accessory building with an increase in floor area to 194.0 square metres (2,088 square feet) and increase in height to 6.12 metres (20.1 feet) on the lands municipally known as 2166 Townline, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-126. 3. The conditions are as follows: a. That notwithstanding Section 5.1.4 Maximum height and Section 5.1.6 Maximum floor area of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation, livestock, or commercial purposes; c. That the existing shipping containers must be removed upon completion of construction; d. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; e. That the appropriate Zoning Certificate, NVCA permit and Building Permit becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services October 7, 2020 Report No. DS2020-126 Page 1of 11 Page 133 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.5 hectares (1.2 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 133.3 sq. m. (1,435 sq. ft.), a detached accessory building with an area of 11.9 sq. m. (128.0 sq. ft.) and a shipping container (to be removed) with an area of 29.7 sq. m. (320.0 sq. ft.). The applicant is proposing to rebuild and expand a detached accessory building destroyed by fire. This previous detached accessory building that was destroyed by fire was constructed in 2007 and was approximately 95 sq.m (1027 sq.ft.) The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: 5.1.4 Maximum height Permitted: Proposed: 4.5 metres (14.7 feet) 5.2 metres (16.9 feet)(mid-roof) 5.1.6 Maximum floor area Required: Proposed: 100.0 square metres (1,076.4 square feet) 194.0 square metres (2,088 square feet) The applicant site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage and Section 2.2 Water are applicable to this application. the construction of buildings and structures requiring approval under the Planning development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage, aims to protect natural features for the long term. This policy is relevant due to the proximity to an unevaluated wetland and water course. Planning staff are confident that the proposed detached accessory building will not Development Services October 7, 2020 Report No. DS2020-126 Page 2of 11 Page 134 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... affect the natural heritage features as the location is within an established heavily developed lot, with an 80m buffer to both the unevaluated wetland and the watercourse. protect, improve or restore the quality and quantity of water Planning staff are confident that as a result of the lands being regulated by the NVCA the required permit and conditions by the NVCA will take all necessary precautions to protect the environment. The section is relevant due to the proposed structures distance to an unevaluated wetland and watercourse. Planning Staff is of the opinion that this application is consistent with the Rural Areas and Water policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2019 as the lands subject to this application are already within an established residential area. Section 4.2.2, 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. This policy is relevant due to the proximity to an unevaluated wetland and watercourse. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. Due to the nature of the lands being adjacent to a key hydrologic feature (water course), a Natural Heritage Evaluation is required to a) sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature However, Planning Staff notes that there is an already approximately 80 metre wide naturally vegetated (treed) buffer located on the adjacent property between the existing buffer on the adjacent lands combined with the location of the accessory building being proposed within the existing developed portion Planning Staff are satisfied that the objective of Section 4.2.4 of the Growth Plan has already been met and a Natural Heritage Evaluation is not required in this instance. Any additional Development Services October 7, 2020 Report No. DS2020-126 Page 3of 11 Page 135 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... precautions to protect the key hydrologic feature will be satisfied by the requirement to obtain an NVCA permit. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes and is located within an established residential area. County of Simcoe Official Plan form, function and connectivity 2016). Section 3.8.16 speaks to legally existing uses are recognized and permitted to continue in the Greenlands designations. The residential and agricultural use of the property is an existing use. The proposed development is an expansion to this existing use which is permitted in Section 4.11.6. e area and permitting a building that is accessory to the permitted residential development. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Development Services October 7, 2020 Report No. DS2020-126 Page 4of 11 Page 136 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU- law 97-95, as amended. Single detached dwellings are permitted in the A/RU Zone and the proposed detached accessory building would be accessory to this permitted use. The general intent of the Zoning By-law in requiring the maximum height and size requirements is to ensure that an accessory buildings will be secondary and subordinate to the primary use of the property as residential. The proposed accessory building will be larger than the existing dwelling. However, this lot is located in overall agricultural area and is surrounded by a mix of residential lots and larger agricultural a large accessory building on this lot would resemble the kinds of agricultural buildings that are common to the area and would not look out of place in this agricultural setting. The proposed building will be located at the rear of the property and the property has mature vegetation around the lot lines. The proposed accessory building is intended to be utilized for storage purposes; and is required to comply with the A/RU zoning provisions for its intended use. It is Planning Staffs opinion that the proposed building would appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable 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. Upon site visit, Staff noted mature vegetation along lot lines, and only one house with a view of the proposed construction. There was a smaller accessory building located on the property that was destroyed by fire. The applicant is now looking to enlarge the size of the old building. Two shipping containers are located on the property to hold the contents of the perished building and will be removed upon completion of the new building. The proposed structure will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In nature, as the structure is not anticipated to have an adverse impact on the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Development Services October 7, 2020 Report No. DS2020-126 Page 5of 11 Page 137 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Financial / 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 Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 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: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote features and attributes. Staff are of the opinion that the proposed development will not negatively impact the ibutes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering no objections Township Building Services no comments Township Infrastructure and Capital Projects no objections County of Simcoe no comments received Nottawasaga Valley Conservation Authority permit required Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Development Services October 7, 2020 Report No. DS2020-126 Page 6of 11 Page 138 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-46 be approved, specifically to permit a detached accessory building with an increased height and floor area on the lands municipally known as 2166 Townline on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Development Services October 1, 2020 Andria Leigh, Director, Development Services October 2, 2020 Development Services October 7, 2020 Report No. DS2020-126 Page 7of 11 Page 139 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-126 Page 8of 11 Page 140 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-126 Page 9of 11 Page 141 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services October 7, 2020 Report No. DS2020-126 Page 10 of 11 Page 142 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services October 7, 2020 Report No. DS2020-126 Page 11 of 11 Page 143 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:28 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-44) Knicely Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 144 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 8:19 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-44) Knicely Building Division has no comments at this time, Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 145 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 10:07 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-44) Knicely Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 146 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Wednesday, September 30, 2020 4:25 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ 'wayne.knicely@hotmail.com' <wayne.knicely@hotmail.com>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA Comments (2020-A-44) Knicely (NVCA File #42367) Good afternoon Teresa, NVCA staff have reviewed the above-noted application for Minor Variance. The application proposes re-construction of a previously existing detached accessory structure, with relief sought for an increase in the permitted height and maximum floor area. The permitted height is 4.5m and the proposed height is 6.12m. The 22 permitted maximum floor area is 100m and the proposed floor area is 194m. The subject property is within the NVCA Regulation Limit due to its proximity to an unevaluated wetland, as well as a portion of the floodplain associated with a nearby Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). A permit from the NVCA is required for the proposed development. NVCA Planning and Regulations Guidelines permit the reconstruction or relocation of a building within the Regulatory floodplain, provided it has been demonstrated to the satisfaction of the Conservation Authority: (a) the former building was in a habitable condition prior to its destruction and documentation is provided by the applicant to the satisfaction of the NVCA. Permission will generally be refused for the reconstruction of derelict or abandoned structures within the floodplain. (b) the replacement structure is to be constructed at the same location, or in a shallower portion of the floodplain; (c) the replacement structure is dry flood-proofed employing passive flood- proofing measures. From the information circulated, the proposed new structure appears to be located within the flood hazard and exceeds the original footprint area of the previous structure. Should the Committee decide to approve the application, the NVCA recommends it do so subject to the following condition: The applicant must obtain a permit from NVCA for the proposed accessory structure. The applicant should contact the undersigned with the plans for the structure as well as an NVCA permit application and fee to initiate the review process. Page 147 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Thank you for circulating this application and please forward a copy of any decisions. Sincerely, Emma Perry Planner III Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 148 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 149 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 150 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 151 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 152 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 153 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 154 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 155 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 156 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 157 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 158 of 430 6.c) 6:20 p.m. DS2020-126, Danielle Waters, Planner re: Minor Variance A... Page 159 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... Report Report No. To: Prepared By: DS2020-124 Development Services Committee Todd Weatherell, Intermediate Planner Meeting Date: Subject: Motion # October 7, 2020 Consent Applications 2020-B-23A, _____________________ 2020-B-23B, & 2020-B-23C Roll #: R.M.S. File #: by William Finlayson 4346-020-005-11600 D10- 372 Moonstone Road East Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-124 be received and adopted. 2. That Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C by William Finlayson, to create 3 new residential lots on the lands municipally known as 372 Moonstone Road East, Township of Oro-Medonte, be deferred pending the receipt of County comments. 3. decision under the Secretary- signature. Background: Property Information The property is located at 372 Moonstone Road East, which is in the northwest corner of Old County Road and Moonstone Road East. The subject lands have a lot area of 8.24hectares (20.34 acres) according to Municipal Property Assessment Corporation (MPAC) records, and currently contain a commercial building (fomerly the Medonte Town Hall). A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C The purpose of Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C is the creation of 3 new residential lots. included as Schedule 3to this report. The details of the proposed consents (severances), are provided in the table below. Development Services Committee October 7, 2020 Report No. DS2020-124 Page 1 of 9 Page 160 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... Lands to be Lands to be Lands to be Lands to be Severed Lot 1: Severed Lot 2: Severed Lot 3: Retained: Frontage: Approx. 35.0 m Approx. 30.0 m Approx. 30.0 m Approx. 48.0 m (114.8 ft.) (98.4 ft.) (98.4 ft.) (157.4 ft.) Depth: Approx. 58.0 m Approx. 83.5 m Approx. 83.5 m Approx. 58.0 m (190.2 ft.) (273.9 ft.) (273.9 ft.) (190.2 ft.) Area: Approx. 0.2 ha Approx. 0.25 ha Approx. 0.25 ha Approx. 0.25 ha (0.5 ac.) (0.619 ac.) (0.619 ac.) (0.62 ac.) Use: Vacant/Residential Vacant/Residential Vacant/Residential Commercial Proposed Proposed Proposed Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, and Section 1.1.3 Settlement Areas. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that settlement areas shall be the focus of growth and development. opment standards should be promoted which facilitate intensification, redevelopment an. Planning Staff is of the opinion that this application is consistent with the policies of the Provincial Policy Statement as the proposed residential lot is located within a rural settlement area (Moonstone). A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan and directs development to settlement areas. Specifically, Section 2.2.1.2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed residential lots are consistent with the Rural Areas policies as the lands subject to this application are located within a rural settlement area (Moonstone). Development Services Committee October 7, 2020 Report No. DS2020-124 Page 2 of 9 Page 161 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... County of Simcoe Official Plan Designations) in the Simcoe County Official Plan. Pursuant Official Plan, Moonstone is recognized as a settlement area in the Township. Section 3.5 of objectives of promote development forms and patterns which minimize land consumption and servicing costs. Additionally, Section 3.3 of the for lot creation. Specifically, Section 3.3.4 statesmay be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or In this case, both the severed and retained parcels would have frontages on Moonstone Road East (County Road 19) and Old County Road. Based on the above, the County Official Plan generally supports lot creation in Settlement Areas. Section 4.8.32 is releNew entrances shall not be permitted to individual residential lots created on County Roads following June 30, 1996, except in settlement areas designated in Official Plans and in accordance with the requirements of the County Entrance By-law regulating access to County Roads. Also relevant is Section 4.8.28 Where a subdivision by plan or consent is proposed and abuts a County Road, the County will require the dedication of land to the County Road system from the original and newly created lots in order to achieve the right-of- way widths identified in Table 5.4. All land dedications, necessary Traffic Impact Studies, and necessary infrastructure improvements shall be provided at the expense of the developer. Planning Staff notes that Table 5.4 identifies a right-of-way width of 30.5 metres for Moonstone Road East (County Road 19) and that the right-of-way width in front of the subject lands does not appear to meet this width requirement. Therefore, there is a potential need for the dedication of a road widening to the County. As of the preparation of this report, Planning Staff have not received comments from the County. that County comments are necessary in order to confirm whether the applicant would be required to dedicate a road widening in order to conform to the County Official Plan. As a result, it would be appropriate to defer decisions on these applications until County comments have been received and assessed. Township of Oro-Medonte Official Plan Section C3 policies related to the use and development of land in this designation are applicable to these applications. Specifically, Section C3.2 of the Official Plan states that Development Services Committee October 7, 2020 Report No. DS2020-124 Page 3 of 9 Page 162 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... provision, Section C3 of the Official Plan is silent with respect to the severance of land in the Rural Settlement Area of Moonstone. consent. The tests contained in Section D2.2.1 are listed in bold font below, followed by Section D2.2.1 Subdivision of Land policies a) Fronts on and will be directly accessed by a public road that is maintained year round basis: Two of the proposed lots would have frontage on a year-round Township road (Old County Road) and 1 of the severed lots and the proposed retained lot would have frontage on a year- round County road (Moonstone Road/County Road 19). b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; One of the proposed severed lots will front onto a County Road (Moonstone Road East-County Road 19). The application was circulated to the County of Simcoe and comments have not been received at the time of writing this report. Therefore, for the reasons identified earlier in this report Township Staff is requesting a deferral to allow the County to provide comments. c) Will not cause a traffic hazard; The subject applications were circulated to Operations Staff and to Development Engineering Staff have advised they have no concerns and Development Engineering Staff have advised Driveway Entrance Permits shall be required from Operations and Community Services (Roads) for the severed Lots. County comments, once received, would indicate whether County Staff have any traffic concerns. 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 severed lands are proposed to be rezoned from a Local Industrial *136 (LI*136) Zone to a -law requires a minimum lot frontage of 30 metres in the Residential One (R1) Zone. Planning Staff considers the frontage to be adequate. Both the severed and retained parcels would comply with the lot size requirements for their respective zones. The proposed development would be considered compatible with the uses taking place on surrounding lands in this area of Moonstone and the proposed lots would appear to be appropriate to accommodate a detached dwelling unit while achieving the necessary setbacks as required and while maintaining the existing character of the area. Development Services Committee October 7, 2020 Report No. DS2020-124 Page 4 of 9 Page 163 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... e) Can be serviced with an appropriate water supply and means of sewage disposal; Building staff has requested and a condition of approval is required if the application is approved that the applicant identify the proposed dwelling and sewage system locations on all lots (severed and retained) complete with proposed well locations and required clearances. f) Will not have a negative impact on the drainage patterns in the area; Development Engineering Staff has no concerns or objection but have noted that Engineered Lot Grading (ELG) Plans may be required at the time of Building Permit 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; As proposed, development would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area; As proposed, the development would not appear to have a negative impact on the features and functions of any ecological feature in the area. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; As proposed, the development would not appear to have a negative impact on the quality and quantity of groundwater available for other uses in the area. applications meet most of the but comments are required from the County to determine if the applications conform with the Official Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Local Industrial Exception 136 (LI*110 By-law 97-95, as amended. Notwithstanding any other provision in this By-law, only the following uses are permitted on the lands denoted by the symbol *136: a) Business offices; b) Mail order business c) Showroom facilities d) Sales Office e) Assembly facilities f) Printing Establishments g) Related Accessory Uses. Development Services Committee October 7, 2020 Report No. DS2020-124 Page 5 of 9 Page 164 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... At such time as the consent applications are ready for consideration for approval, a condition of approval would be included that the applicant apply for and obtain approval for a zoning by- law amendment to rezone the proposed residential lots from the Local Industrial *136 (LI*136) zone to a Residential One (R1) zone to permit the residential uses proposed. -law, the minimum lot frontage in the R1 Zone is 30 metres (98.4 feet) and the minimum lot area is 0.2 hectares (0.49 acres). All 3 of the proposed lots the severed would have frontages and lot areas that meet the requirements of the Zoning By-law. The proposed lot creations would not be out of character within the Community of Moonstone. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that 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: Township Development Engineering No Objection to the above noted Application. Engineered Lot Grading (ELG) Plans may be required at the time of Building Permit Application. Development Services Committee October 7, 2020 Report No. DS2020-124 Page 6 of 9 Page 165 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... Driveway Entrance Permits shall be required from Operations and Community Services (Roads) for the severed Lots. Township Building Division Applicant to identify proposed dwelling and sewage system locations on all lots complete with proposed well locations and required clearances. Township Infrastructure and Capital Projects Operations will require a 15 by 15 metre sightline triangle at the corner of Moonstone Road East and Old County Road. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Conclusion: is Consent Applications 2020-B-23A, 2020-B-23B, & 2020-B-23C specifically to permit the creation of 3 new residential lots on the lands municipally known as 372 Moonstone Road East be deferred pending the receipt of County comments, , as the applications cannot yet be confirmed to conform to the policies of the Official Plan and the County of Simcoe Official Plan with respect to the County Road requirements. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approvals: Date: Derek Witlib, Manager Development Services , 2020 Andria Leigh, Director Development Services , 2020 Development Services Committee October 7, 2020 Report No. DS2020-124 Page 7 of 9 Page 166 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... Schedule 1: Location Map Schedule 2: Aerial Photo Development Services Committee October 7, 2020 Report No. DS2020-124 Page 8 of 9 Page 167 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... Development Services Committee October 7, 2020 Report No. DS2020-124 Page 9 of 9 Page 168 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 8:11 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-B-23 A,B,C) Finlayson Building division comments are as follows: 1. Applicant to identify proposed dwelling and sewage system locations on all lots complete with proposed well locations and required clearances. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 169 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 10:11 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-B-23 A,B,C) Finlayson Teresa Development Engineering has No Objection to the above noted Application. Engineered Lot Grading (ELG) Plans may be required at the time of Building Permit Application. Driveway Entrance Permits shall be required from Operations and Community Services (Roads) for the severed Lots. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 170 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... Page 171 of 430 6.d) 6:30 p.m. DS2020-124, Todd Weatherell, Intermediate Planner re: Con... 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File #: Matthew McCowan 4346-010-009-33000 D13-58303 152 Lakeshore Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-127 be received and adopted. 2. That Minor Variance Application 2020-A-45 by Matthew McCowan, specifically for permission to permit a detached accessory building with an increase in floor area to 120.8 square metres (1,300.0 square feet), and increase in lot coverage to 9.5% and increase in height to 4.57 metres (15.0 feet) on the lands municipally known as 152 Lakeshore Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2020-127. 3. The conditions are as follows: a. That notwithstanding Section 5.1.4 Maximum height, Section 5.1.5 Maximum lot coverage and Section 5.1.6 Maximum floor area of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation, livestock, or commercial purposes; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the appropriate Zoning Certificate, Engineered Lot Grading Plan, and decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services October7, 2020 Report No. DS2020-127 Page 1of 11 Page 180 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 0.14 hectares (0.34 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 166.0 sq. m. (1,788.0 sq. ft.), a detached accessory building (to be removed) with an area of 55.7 sq. m. (600.0 sq. ft.) and a pool house with an area of 8.5 sq. m. (91.0 sq. ft.). The applicant is proposing to construct a new detached accessory building. The applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: 5.1.4 Maximum height Permitted: Proposed: 4.5 metres (14.7 feet) 4.57 metres (15.0 feet) 5.1.6 Maximum floor area Required: Proposed: 70.0 square metres (753.5 square feet) 120.8 square metres (1,300.0 squarefeet) 5.1.5 Maximum lot coverage Permitted: Proposed: The maximum lot coverage of all 9.5% lot coverage detached accessory buildings and structures on a lot, excluding boathouses, is 5% The applicant site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 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 are applicable to this application. the construction of buildings and structures requiring approval under the Planning Development Services October7, 2020 Report No. DS2020-127 Page 2of 11 Page 181 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... development that is compatible with and builds upon the rural landscape. Planning Staff is of the opinion that this application is consistent with the Rural Areas policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020as the lands subject to this application are already within an established shoreline residential area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes and are located within an established shoreline residential area. County of Simcoe Official Plan promote long-term diversity and viability of rural 2016). Section 3.7.4 permits limited residential development in the Rural designation, and staff would consider the proposed detached accessory building to be consistent with this permission. ion, the application conforms to the general intent and purpose and permitting a building that is accessory to the permitted residential development. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services October7, 2020 Report No. DS2020-127 Page 3of 11 Page 182 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is o the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The Shoreline designation allows for limited shoreline development and must maintain the existing character of this predominantly residential area. The proposed residential construction will be in keeping with the existing character of the neighbourhood as many dwellings in the area have accessory or out buildings. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1-law 97-95, as amended. Single detached dwellings are permitted in the R1 Zone and the proposed detached accessory building would be accessory to this permitted use. The general intent of the Zoning By-law in requiring the maximum height, lot coverage and size requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will continue to be smaller in size (floor area) to the existing dwelling. The proposed accessory building will also be located at the rear of the property and further back from the road than the dwelling. Upon site inspection, it was confirmed that there is mature vegetation located along the lot lines; however the proposed building will continue to be visible from both neighbouring dwellings and Lakeshore Road. It is Planning Staffs opinion, based on the above,that the proposed accessory building would therefore continue to appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable 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. Upon site visit, Staff noted mature vegetation along the North, East and West lot lines, while recognizing that the proposed building will still be visible from neighbouring dwellings and Lakeshore Road. There is a smaller existing accessory building currently on the property which will be removed. The proposed structure will be in keeping with the character of the neighbourhood as it is approximately the same width of the existing structure. The proposed structure will appear visually the same from the road and will be moved closer to the rear lot line than the existing building and further from the road than the dwelling making it appear more subordinate than the existing accessory building. Heavy Development Services October7, 2020 Report No. DS2020-127 Page 4of 11 Page 183 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... vegetation on the interior lot lines will protect the view of neighbouring properties from the proposed building. Mature vegetation at the rear will protect this neighbour however the proposed structure will still be visible. Section 5.1.1 of the Zoning By-law speaks to no detached accessory building shall be used for human habitation, therefore condition 3. b) of this minor variance will restrict the building to storage use only. The proposed structure will not interfere with functional matters such as parking and the septic system. The proposed location of the accessory building would occupy what is currently green space on the property and which functions as part of the back yard amenity area which provides for outdoor recreation and enjoyment in association with the residential use of the lands. Notwithstanding that the applicant is proposing to demolish an existing detached accessory building in the property, there is no opportunity regain all or a portion of the greenspace on the property. Under the appl remain for backyard amenity space would be mostly hardscaped but featuring an in- ground swimming pool which would continue to provide a reasonable space for outdoor recreation and enjoyment on the lands. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In nature, as the structure is not anticipated to have an adverse impact on the neighbourhood as it will appear the same from the road, and mature vegetation will allow privacy for the neighbours. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the 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 and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, 2020 County of Simcoe Official Plan Development Services October7, 2020 Report No. DS2020-127 Page 5of 11 Page 184 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: 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 features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Development Engineering no objections, Engineered Lot Grading required Township Building Services no comments Township Infrastructure and Capital Projects no objections County of Simcoe no comments received Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant Site Plan Schedule 4: Applicant Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-45 be approved, specifically to permit a detached accessory building with an increased height, lot coverage and floor area on the lands municipally known as 152 Lakeshore Road West on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Development Services October7, 2020 Report No. DS2020-127 Page 6of 11 Page 185 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services October 1, 2020 Development Services October7, 2020 Report No. DS2020-127 Page 7of 11 Page 186 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map Development Services October7, 2020 Report No. DS2020-127 Page 8of 11 Page 187 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo Development Services October7, 2020 Report No. DS2020-127 Page 9of 11 Page 188 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan Development Services October7, 2020 Report No. DS2020-127 Page 10 of 11 Page 189 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant Elevation Plan Development Services October7, 2020 Report No. DS2020-127 Page 11 of 11 Page 190 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:45 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-45) McCowan Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 191 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 8:31 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-45) McCowan Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 192 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 10:06 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-45) McCowan Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 193 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 194 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 195 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 196 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 197 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 198 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 199 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 200 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 201 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 202 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 203 of 430 6.e) 6:40 p.m. DS2020-127, Danielle Waters, Planner re: Minor Variance A... Page 204 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Report Report No. To: Prepared By: DS2020-118 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-46 Roll #: R.M.S. File #: Lori & Kyle Heittola 4346-010-002-07600 D13 58494 207 Line 3 North Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-118 be received and adopted. 2. That Minor Variance Application 2020-A-46 by Lori & Kyle Heittola specifically for permission to build an addition to the existing non-conforming single detached dwelling in the Environmental Protection Zone and to permit a reduced setback from a watercourse of 8.0 metres (26.2 feet) on the lands municipally known as 207 Line 3 North, Township of Oro-Medonte, be approved subject to the conditions outlined in Report DS2020-118. 3. The conditions are as follows: a) That notwithstanding Table A5, Section 5.16.1 (c), Section 5.18, Section 5.27 and Section 5.32, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicants satisfy the permits and approvals required from the Nottawasaga Valley Conservation Authority; and, d) That the appropriate Zoning Certificate and Building Permit be obtained binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant decision under the Secretary- Development Services October 7, 2020 Report No. DS2020-118 Page 1of 12 Page 205 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Background: The subject property has a lot area of 1.99 hectares (4.93 acres) and contains a single detached dwelling, detached accessory building and swimming pool. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. There is a watercourse that runs through the property to the south of the dwellingand as a result a portion of the property is zoned Environmental Protection. The applicantis proposing to build a two storey addition over the existing attached garage and build a new front porch. As a result, the applicant is requesting relief from the following Sections of Zoning By-law 97-95, as amended: Section 3.1, Table A5 Permitted Uses (Environmental Protection (EP) Zone) Permitted: Proposed: Only existing uses permitted. New front porch and two storey addition No buildings or structures, except those over the existing attached garage in the EP required for flood or erosion control. Zone. Section 5.16.1 (c) Enlargement, Non-complying Structures Required: Proposed: Does not increase a situation of non-Increase the size of the structure in the EP compliance. Zone. Section 5.18 - Non-conforming Uses Permitted: Proposed: Buildings or structures existing before New front porch and two storey addition November 5, 1997. over the existing attached garage. Section 5.27 Setbacks from Limits of Environmental Protection Zone Required: Proposed: 30.0 metres 0 metres (98.4 feet) (0 feet) Section 5.32 Setback from the top of bank of the watercourse Required: Proposed: 30.0 metres 8.0 metres (98.4 feet) (26.2 feet) site plan and elevation drawings are included as Schedules 3 and 4 to this report. Development Services October 7, 2020 Report No. DS2020-118 Page 2of 12 Page 206 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage and Section 2.2 - Water are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. Planning Staff is of the opinion that the proposed development is consistent with the Natural Heritage and Water policies of the PPS, as the proposed addition is not anticipated to have any negative impacts on the natural heritage features as it will not encroach any closer to the watercourse than the existing single detached dwelling. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) 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 development is consistent with the Rural Areas policies in the Growth Plan as the applicants are proposing an addition to the existing residential use. Section 4.2.4 Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: ttlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural 43-44). no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) as the footprint of the dwelling is not expanding any closer to the watercourse than the existing dwelling and there is no new or increased impact created by the proposed development on the natural heritage feature. The entire property is regulated by the Nottawasaga Valley Conservation Authority (NVCA); therefore, the application was circulated to the NVCA and a permit will be required prior to issuance of a Building Permit. At the time of writing of this report, comments have yet to be received by Township staff. Committee members should Development Services October 7, 2020 Report No. DS2020-118 Page 3of 12 Page 207 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... have regard to any NVCA comments that the Township may receive with respect to the proposal. Note: For applications that intend to build onto a legal non-conforming use, the consideration is to be based upon both the desirability for development of the property in question and the impact on the surrounding area. An application for an extension of a non-conforming use does not have to meet the four tests for a minor variance. County Official Plan The property is designated Agricultural in Simcoe . The intent of the Agricultural designation is to protect prime agricultural lands while recognizing the inter- the proposed development is consistas the applicants are proposing to build an addition to the existing single detached dwelling which will not have any adverse impacts on the surrounding farming operations or the key hydrological feature. Official Plan of the Agricultural Designation is to: maintain and preserve the agricultural resource base of the Township; protect land suitable for agricultural production from development and land uses unrelated to agriculture; promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and, preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Permitted uses in the Agricultural Designation include single detached dwellings. The surrounding properties are farmed; yet the subject lands are primarily forested with a watercourse running through the middle of the property. The proposed single detached dwelling addition will not have an impact on the agricultural resource base of the Township. There is a watercourse that runs through the middle of the property near the dwelling; therefore, Section B5.1.2 is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30 metres of the top of bank. Since the application is for an addition over the existing attached garage and for a new front porch that will not be encroaching any closer to the watercourse than the existing dwelling, Planning Staff is satisfied that there will not be any adverse impacts on the watercourse as a result of the proposed addition. Development Services October 7, 2020 Report No. DS2020-118 Page 4of 12 Page 208 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Based on the above, Planning Staff is satisfied that the proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing dwelling which is a permitted residential use in the Agricultural Designation and the addition is not anticipated to have an adverse impact on the watercourse. -law The subject property is zoned Rural Residential Two (RUR2) and Environmental Protection (EP) in the -law 97-95, as illustrated on Schedule 5 to this report. The EP Zone serves as a protective buffer around a watercourse that runs through the middle of the property. -law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. As -law, single detached dwellings are not a permitted use in the EP Zone. The existing single detached dwelling is non- conforming as approximately half the dwelling is located in the EP Zone. The applicants are proposing to build a two storey addition over the existing garage and build a front porch. Therefore, the applicants are seeking relief from the Zoning By-law to permit the addition in the EP Zone. -law prohibits buildings and structures within 30 metres (98.4 feet) of the top of bank of any watercourse to prevent flooding and erosion hazards. The applicant is requesting a setback of 8.0 metres (26.2 feet)from the watercourse that runs along the south side of the dwelling opinion, the proposed addition and front porch are not anticipated to have any adverse impacts on the watercourse as they will not be located any closer to the watercourse than the existing dwelling. For the reasons outlined above, the requested variances are considered to meet the purpose and intent of the Zoning By-law, and would be considered appropriate and desirable development of the lot. 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 Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services October 7, 2020 Report No. DS2020-118 Page 5of 12 Page 209 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Corporate Strategic Goals: are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not negatively impac 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. Township Building Division No comments. Township Infrastructure and Capital Projects No objections. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule Schedule 4: Elevation drawings Schedule 5: Zoning Map Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-46 be approved, specifically to permit the construction of a two storey addition over the existing attached garage and the construction of a new front porch on the existing non-conforming single detached dwelling in the Environmental Protection Zone and permit a reduced setback from the watercourse of 8.0 metres (26.2 feet) on the basis that the application conforms and is consistent with applicable Provincial, County and Township land use policies. Development Services October 7, 2020 Report No. DS2020-118 Page 6of 12 Page 210 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services September 30, 2020 Andria Leigh, Director Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-118 Page 7of 12 Page 211 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-118 Page 8of 12 Page 212 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-118 Page 9of 12 Page 213 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Schedule 3: Site Plan Development Services October 7, 2020 Report No. DS2020-118 Page 10 of 12 Page 214 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Elevation Drawings Development Services October 7, 2020 Report No. DS2020-118 Page 11 of 12 Page 215 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Schedule 5: Zoning Map Development Services October 7, 2020 Report No. DS2020-118 Page 12 of 12 Page 216 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, September 21, 2020 9:20 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-46) Heittola Teresa Development Engineering has No Objection to the above noted Application. Regards David Saunders Manager, Development Engineering Township of Oro-Medonte Page 217 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:53 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-46) Heittola Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 218 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 11:34 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-46) Heittola Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 219 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Emma Perry <eperry@nvca.on.ca> {ĻƓƷʹ Wednesday, October 7, 2020 12:51 PM ƚʹ McLean, Catherine <cmclean@oro-medonte.ca> /ĭʹ Karaiskakis, Andy <aKaraiskakis@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca>; Planning <Planning@oro-medonte.ca>; Planning Dept <Planning@nvca.on.ca> {ǒĬƆĻĭƷʹ NVCA comments 2020-A-46 (Hettiola) 207 Line 3 North, Oro-Medonte (NVCA File # 43722) Good morning Catherine, NVCA staff have reviewed the above-noted application for minor variance. The application seeks relief from the zoning bylaw as follows: New front porch and two storey addition over the existing attached garage as a permitted use in the EP Zone; Enlargement of non-complying structures (increase in size) in the EP Zone; Continuation of non-conforming use in the EP zone; Reduced setback from the EP zone from 30m required to 0m; Reduced setback from the top of bank of the watercourse from 30m to 8m. The site is characterized by a watercourse feature a tributary of Willow Creek - which bisects the property. NVCA mapping indicates an unevaluated wetland feature, as well as flood and erosion natural hazards associated with the watercourse. Due to the presence of these features, the property is entirely regulated pursuant to O. Reg. 172/06 under the Conservation Authorities Act. NVCA staff advise that permission to develop is required under the Conservation Authorities Act for development as proposed in this application. As part of the NVCA permit review process, the applicant will be required to demonstrate that the existing dwelling and proposed addition is either in conformity with the NVCA Minor Addition policy or outside the erosion natural hazard. Demonstration that the proposed addition is outside the erosion natural hazard would be achieved through submission of an erosion hazard assessment by a qualified professional. For reference, the NVCA Minor Addition policy is provided below: The addition does not increase the number of dwelling units of the existing building or structure. The addition does not include a basement, regardless if the existing building or structure has a basement, within flood and shoreline erosion hazards. Existing residential uses: a)Ground floor additions: The ground floor addition is 50% or less (30% for shoreline erosion hazards) of the original habitable ground floor area* to a maximum footprint of 100 square metres, or in the case of multiple additions, all b)additions combined are equal to or less than 50% of the original habitable ground floor area* to a maximum footprint of 100 square metres. OR Page 220 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... c) An additional storey: The additional storey does not exceed the original habitable ground floor area*. *Please Note: the ter From the information provided in the ap (garage) appears to be partially located within flood natural hazard and entirely within the erosion natural hazard associated with the adjacent watercourse. As the application expands upon an existing permitted use and does not create a new residential use, the proposal does not appear to offend natural hazard policies contained with the Provincial Policy Statement. Should the Committee decide to approve the application, the NVCA recommends inclusion of the following condition: The applicant must obtain a permit from NVCA for the proposed addition. Following the appeal period for the minor variance, the applicant should contact the undersigned with the plans for the addition as well as an NVCA permit application and fee to initiate the review process. Please advise our office of any decision made with regard to this matter. Sincerely, Emma Perry Planner III Nottawasaga Valley Conservation Authority th 8195 8 Line, Utopia, ON L0M 1T0 T 705-424-F 705-424-2115 Page 221 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 222 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 223 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 224 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 225 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 226 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 227 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 228 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 229 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 230 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 231 of 430 6.f) 6:50 p.m. DS2020-118, Catherine McLean, Planner re: Minor Variance ... Page 232 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Report Report No. To: Prepared By: DS2020-122 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-47 Roll #: R.M.S. File #: Eric Vollering and Heather Oakley 4346-010-007-28700 D13-58495 2000 Ridge Road West Recommendation(s): Requires Action For Information Only X 1. That Report No. DS2020-122 be received and adopted. 2. That Minor Variance Application 2020-A-47 by, Eric Vollering and Heather Oakley, specifically for permission to construct a 92.9 sq. m. (1000.0 sq. ft.) detached accessory building on the lands municipally known as 2000 Ridge Road West, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2020-122. The conditions are as follows: a) That notwithstanding Sections 5.1.6 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed accessory building on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Engineered Lot Grading and Building Permit approval provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. And that the applicant be advised of decision under the signature. Background: The subject property has a lot frontage of 31.8 metres (104.5 ft.) and a lot area of 0.23 hectares (0.572 acres) and is located on Ridge Road West. A location map is attached as Schedule 1 and an aerial image as Schedule 2 to this report. Development Services October 7, 2020 Report No. DS2020-122 Page 1 of 7 Page 233 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... The property currently contains a singledetacheddwellingthat has a floor area of approximately 163.59 square metres (1761 square feet). The applicant is proposing to construct a detached accessory building on the property and is requesting relief from the following section of Zoning By-law 97-95: Section 5.1.6 Maximum floor area. Permitted: Proposed: 70.0 sq. m. (753.5 sq. ft.) 92.9 sq. m. (1000.0 sq. ft.) Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.3 Settlement Areas. Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages economic activity, diversity and intensity of land uses, service levels, and types of infrastructure available. Development pressures and land use changes will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. Planning Staff is of the opinion that this application is consistent with the Settlement Areas policies of the PPS, as is pertains to an accessory building associated with a permitted residential use within the Settlement Area of Shanty Bay. A Place to Grow, 2020 Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas (which includes Rural Settlement Areas) is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential lot. Simcoe County Official Plan The proposed building location is on lands that are designated Settlements by the Simcoe County Official Plan. The SettlementsDesignation objective is to develop mixed use settlements Development Services October 7, 2020 Report No. DS2020-122 Page 2 of 7 Page 234 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... as strong and vibrant central places and to create healthy settlements and communities that are sustainable. would conform to as the proposed building is accessory to an existing residential use within a settlement area. The County of Simcoe has been circulated this application and have not provided comments prior to the completion of this report. The members of the Committee should have regard to any County of Simcoe comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? Section A4.2.5 stat Section C3 contains the policies related to the use and development of land in this designation. Specifically, Section C3.1 and C3.2 of the Official Plan. Section C3.1 sets an objective to create attractive communities with suitable amenities and to ensure that settlement areas are developed in a logical and cost-effective manner. ow density residential The proposed increase in floor area for an accessory structure to the residential use would conform to the general intent of the Town within a Rural Settlement Area. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) -law 97-95, as amended. Development Services October 7, 2020 Report No. DS2020-122 Page 3 of 7 Page 235 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... The applicant is seeking relief from the Zoning By-law to allow an increase infloor areato an accessory structure. The permitted floor area is a maximum of 70 square metres (753.5 square feet) and the applicant is requesting an increase to 92.9 sq. m. (1000.0 sq. ft.), being a difference of 22.9 square metres (246.5 square feet). The general intent of the Zoning By-law in requiring the maximum size requirement, is to ensure that an accessory building will be secondary and subordinate to the primary use of the property. The proposed detached garage will be lower in height and substantially smaller in floor area than the existing 2-storey dwelling on the lands, and the proposed building will be located towards the back of the property and screened from the adjacent neighbours due to the mature vegetation that surrounds the property. The combination of these features will ensure that the existing dwelling will remain the main building on the property, both in its use and in its appearance. Planning Staff is therefore of the opinion that the variance meets the general intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? The proposed variance is desirable, as the proposed accessory building will have minimal impact on the adjacent neighbours, as the property is bounded by mature vegetation on all sides of the property and is well setback from the road. Based on the above, Planning Staff is of the opinion that the variance desirable for the appropriate development of the lot. Are the variances minor? As the proposed accessory building would comply with all other relevant Zoning By-law requirements, is considered to meet the purpose and intent of the Official Plan and Zoning By- law and is desirable for the appropriate development of the lot; Planning Staff is of the opinion that the variance is 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) decision. Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2020 Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services October 7, 2020 Report No. DS2020-122 Page 4 of 7 Page 236 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Corporate Strategic Goals: In 2016, Council adopted the relevant to this application: Balanced Growth: The application is aligned with the objectives of the Balanced Growth strategic goal by protecting our natural environment, as the lands subject to this application are outside of the lands regulated by the Conservation Authority. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Operations Department: No objections. Township Building Department: No comment. Township Engineering Department: No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-47 be approved specifically to permit the construct a new 92.9 square metre (1000.0 sq. ft.) accessory building on the lands municipally known as 2000 Ridge Road West, on the basis that the application is consistent with and conforms to Provincial policies and the County of Simcoe Official Plan and meets the four tests of the Planning Act. Respectfully submitted: Todd Weatherell RPP, CPT Intermediate Planner Approval: Date Derek Witlib, Manager, Planning Services September 30, 2020 Andria Leigh, Director, Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-122 Page 5 of 7 Page 237 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Schedule 1: Location Map Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-122 Page 6 of 7 Page 238 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Schedule 3: Schedule 4: Elevation Plan: Development Services October 7, 2020 Report No. DS2020-122 Page 7of 7 Page 239 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 8:19 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-47) Vollering & Oakley Teresa Operations has no objections to this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 240 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 8:12 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-47) Vollering & Oakley Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 241 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 10:09 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-47) Vollering & Oakley Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 242 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 243 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 244 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 245 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 246 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 247 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 248 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 249 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 250 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 251 of 430 6.g) 7:00 p.m. DS2020-122, Todd Weatherell, Intermediate Planner re: Min... Page 252 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Report Report No. To: Prepared By: DS2020-120 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-48 Roll #: R.M.S. File #: Sharon & Robert Pauselli 4346-030-012-32300 D13 58496 985 Woodland Drive Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-120 be received and adopted. 2. That Minor Variance Application 2020-A-48 by Sharon & Robert Pauselli specifically for permission to build an addition to a single detached dwelling with a reduced interior side yard setback of 0.6 metres (1.97 feet) on lands municipally known as 985 Woodland Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-120. 3. The conditions are as follows: a) That notwithstanding Section 7.2, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; d) That, if required, an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 0.6 metres (1.97 feet) from the interior side lot line; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and 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 decision under the Secretary- signature. Development Services October 7, 2020 Report No. DS2020-120 Page 1of 11 Page 253 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Background: The subject property has a lot area of 0.17 hectares (0.43 acres) and contains a single detached dwelling, a detached accessory building and a shed. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build an attached garage and are requesting relief from the following Section of Zoning By-law 97-95, as amended: Section 7.2 - Exception 2: Minimum interior side yard setback Required: Proposed: 1.5 metres (4.9 feet) 0.6 metres (1.97 feet) site plan and elevation drawings are included as Schedules 3 and 4to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 - Water and Section 3.1 Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe) and within 120 metres of a significant woodland, according to Schedule B of . Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the Development Services October 7, 2020 Report No. DS2020-120 Page 2of 11 Page 254 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area and further, Woodland Drive serves as a buffer separating the property from the significant woodland. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed addition will not encroach any closer to the Lake than the existing dwelling and Woodland Drive serves as a buffer separating the proposed development from the significant woodland. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any LSRCA comments that may be received. Additionally, as the property is located within the regulated area, an LSRCA permit will be required as part of the Building Permit process. County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed single detached dwelling addition OfficialPlan as it is an addition to the existing permitted 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: Development Services October 7, 2020 Report No. DS2020-120 Page 3of 11 Page 255 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline The intent of the Shoreline Designation is: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings. As indicated in Schedule B - proposed development is located near the Environmental Protection Two overlay designation due to the presence of a significant woodland on the north side of Woodland Drive, see Schedule 5 to this report. As indicated in Section B3.4, an Environmental Impact Study (EIS) is not required as the proposed development is located more than 50 metres from the significant woodland. On this basis, the requested variance for an addition to the existing single detached dwelling conforms to the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the Zoning By-law 97-Notwithstanding any other provision in this By-law, the required interior side yard is 1.5 metres (4.92 feet) on those lands denoted by the symbol *2 on the schedules to this By-law. Stairs, landings, porches, balconies are permitted to encroach into the required interior side yard a . The applicants are proposing to build an attached garage with an enclosed breezeway and are seeking relief from the Zoning By-law to permit a reduced interior side yard setback from 1.5 metres (4.9 feet) to 0.6 Metres (1.97 feet). The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. The applicant is proposing an interior side yard of 0.6 is adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. The owners will still have access to the backyard along the south west side of the dwelling, where the dwelling is setback 5.07 metres (16.6 feet) from the west interior side lot line, should they need to bring in any large machinery to the rear of the dwelling. Prior to issuance of a building permit, the owner will be required to prepare an engineered lot grading plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact neighbouring lots. For the reasons outlined above, Planning Staff is of the opinion that the proposed single detached dwelling addition meets the general intent and purpose of the Zoning By-law. Development Services October 7, 2020 Report No. DS2020-120 Page 4of 11 Page 256 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed addition will have a minimal impact on the neighbouring dwelling as there is a row of large hedges along the north east interior side lot line that will help buffer the addition from the neighbouring dwelling. Planning Staff also noted that the reduced interior side yard setback is not out of character for the area as there is another property along this section of Woodland Drive that had obtained a variance for a reduced interior side yard setback. Specifically, the dwelling located at 1081 Woodland Drive obtained a variance for a reduced interior side yard setback of 0.66 metres (2.16 feet) (Minor Variance 2005-A-41). For these reasons, Planning Staff are of the opinion that the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Variance is minor in nature as the proposed addition is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. 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 Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Lake Simcoe Protection Plan Corporate Strategic Goals: Development Services October 7, 2020 Report No. DS2020-120 Page 5of 11 Page 257 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... are relevant to this application: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that and attributes. Staff are of the opinion that the proposed development will not negatively impact the Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Infrastructure and Capital Projects No objection. Township Building Services 1) Applicant to be aware of minimum distance setbacks, maximum exposed openings and construction of exposed building face minimum requirements of the Ontario Building Code. 2) Building Permit will be required. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Elevation Drawings Schedule 5: Township Official Plan Schedule B Natural Features Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-48 be approved, specifically to permit construction of an addition to a single detached dwelling with a reduced interior side yard setback of 0.6 metres (1.97 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services September 30, 2020 Andria Leigh, Director Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-120 Page 6of 11 Page 258 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-120 Page 7of 11 Page 259 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-120 Page 8of 11 Page 260 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Development Services October 7, 2020 Report No. DS2020-120 Page 9of 11 Page 261 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Elevation Drawings Development Services October 7, 2020 Report No. DS2020-120 Page 10 of 11 Page 262 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Schedule 5: Township Official Plan Schedule B Natural Features Development Services October 7, 2020 Report No. DS2020-120 Page 11 of 11 Page 263 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:51 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-48) Pauselli Teresa Operations has no objections this application. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 264 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 11:35 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-48) Pauselli Building Division comments are as follows; 1. Applicant to be aware of minimum distance setbacks, maximum exposed openings and construction of exposed building face minimum requirements of the Ontario Building Code. 2. Building permit will be required. Thank you Garry McCartney Chief Building Official Township of Oro-Medonte Page 265 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Thursday, October 1, 2020 9:23 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-48) Pauselli Teresa Sorry for the delay in my response, but it was beneficial for me to attend site and have look at the Lot. Development Engineering comments: Development Engineering has No Objection to the above noted Application, provided the following conditions are included in the Engineered Lot Grading Design: A detailed Engineered Lot Grading Plan shall be required at the time of Building Permit Application: o Detail as to downspout discharge locations and drainage along the North- East Property Line / hedge row shall require specific attention. o Silt and Sediment Control measures (silt fence, etc.) shall be erected prior to any excavation or removals and maintained diligently throughout the project until the site is completely stabilized and Final Grading Approval is achieved. Consideration for the installation of a Subdrain and Course Stone should be considered when designing the swale and drainage along the North-East Property Line and an outlet point determined to ensure complete drainage of the swale along the west side and to prevent erosion and sediment discharge at and past the outlet point. The design shall include steps to ensure that there is No Discharge To or Adverse Effect on the adjacent property flanking the North-East side of the Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 266 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ October 1, 2020 File No: 2020-A-48 IMS File No.: VA-190283-091820 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 985 Woodland Drive Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of an addition to the existing single detached dwelling with reduced interior yard setback. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is regulated due to the associated shoreline flood and erosion hazards. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 267 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 2 of 3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The dwelling is located within the shoreline flood and erosion hazard lands. The proposed addition is for an existing use which is permitted within hazard lands and therefore, the proposal is consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic Page 268 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 3 of 3 beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is partially within a regulated area and the proposed works appear to be within the regulated area. The proposed works will therefore require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation \[179/06\] applies to the subject site and a permit from LSRCA will be required prior to any municipal approvals. 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. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Development Planner Page 269 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Box 240 Oro, Ontario LOL 2X0 Tel (705) 487-2200 Fax (705) 487-2201 Honoured members of the Committee of Adjustment &attending members of the public, Itis the opinion of Avanti Engineering & Design Inc., on behalf of Sharon & Robert Pauselli, that: 1.The proposal maintains the intent and purpose of the Official Plan. No application has been made that would require modification(s) or amendment(s) to the Official Plan. The proposal will enhance the existing character of the residential dwelling in question, and by extension the area in which said dwelling is located. No modification has been proposed that would affect the natural features of the shoreline in part or as a whole. The proposal will not require additional water supply. 2.The proposal maintains the intent and purpose of the Zoning By-law. Please note that the proposed building face contains 0% unprotected openings. This serves to mitigate the risk of an unlikely future fire spreading to the adjacent property. Further, previous owners of 985 Woodland have built, in partnership with the adjacent property owners, back-to- back sheds. These sheds enjoy (0) zero lot line along the property line where relief is being sought. These sheds are also covered by a shared roof, further indicating previous consent to infringe by the owner of the adjacent property. The rest of the proposal complies with all aspects of the Zoning By-law. 3.The proposal is desirable for the appropriate development of the lot. The design decision to include no unprotected openings reduces the potential impacts on the adjacent property and its structures. The existing row of hedges minimize the visual impact of the reduced proximity of the proposed structure by providing a reference that shall serve as a visual cue indicating that said structure is contained entirely within the correct lot. 4.The variance is minor both in scale and impact. The scale of the requested variance is minor in nature. Whether or not the proposal will have an adverse effect on (impact) the character of the surrounding area is subjective in nature. In conclusion, through appropriate research, forward looking design decisions, and the minor nature of the requested relief, it is the opinion of Avanti Engineering & Design Inc., on behalf of Sharon & Robert Pauselli, that the variance be approved. Sincerely, Michael Coates Project Coordinator & Designer Avanti Engineering & Design Inc. Page 270 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 271 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 272 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 273 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 274 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 275 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 276 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 277 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 278 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 279 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 280 of 430 6.h) 7:10 p.m. DS2020-120, Catherine McLean, Planner re: Minor Variance ... Page 281 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Report Report No. To: Prepared By: DS2020-121 Development Services Catherine McLean Committee Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-49 Roll #: R.M.S. File #: Terry Baker & Wendy Luft 4346-030-012-13200 D13 58497 255 Eight Mile Point Road Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-121 be received and adopted. 2. That Minor Variance Application 2020-A-49 by Terry Baker & Wendy Luft, specifically for permission to build a 8.9 square metres (95.3 square feet) addition to the existing non-complying single detached dwelling with a rear yard setback of 17.07 metres (56.0 feet) from the average high water mark of Lake Simcoe, rebuild/enlarge the non-complying boathouse by increasing the floor area in the required interior side yard by approximately 2.7 square metres (29.2 square feet) and recognize the existing non-complying detached accessory building which has an interior side yard setback of 1.13 metres (3.7 feet), on lands municipally known as 255 Eight Mile Point Road, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2020- 121. 3. The conditions are as follows: a) That notwithstanding Section 5.16.1 (a), Section 5.16.1 (b) and Section 7.2, the proposed single detached dwelling addition, the proposed boathouse replacement and the existing detached accessory buildingshall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition, proposed boathouse replacement and existing detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA); d) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 17.07 metres from the Development Services October 7, 2020 Report No. DS2020-121 Page 1of 14 Page 282 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... average high water mark of Lake Simcoe (219.15 m G.S.C Datum) and the boathouse is located no closer than 0.8 metres from the interior side lot line; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit 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 decision under the Secretary- signature. Background: The subject property has a lot area of 0.17 hectares (0.43 acres) and contains a single detached dwelling, detached accessory building and boathouse. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The three structures are non-complying as the existing single detached dwelling does not meet the minimum required rear yard setback of 20.0 metres (65.6 feet) to the average high water mark of Lake Simcoe (existing setback is 17.22 metres/56.5 feet), the existing boathouse does not meet the minimum required interior side yard setback of 1.5 metres (4.9 feet) (existing is 0.41 metres/1.35 feet) and the existing detached accessory building does not meet the minimum required interior side yard setback of 1.5 metres (4.9 feet) (existing is 1.13 metres/3.7 feet). The applicants are proposing to build an 8.9 square metre (95.3 square feet) addition at the rear of the single detached dwelling, rebuild/enlarge the boathouse and legalize the existing non-complying detached garage. Therefore, the applicants are requesting relief from the following Sections of Zoning By-law 97-95, as amended: Single Detached Dwelling Addition: Section 5.16.1 (a) Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not further encroach into the setback Proposed to further encroach with a area from the average high water mark of setback of 17.07 metres (56.0 feet) from 20.0 metres (65.5 feet) from Lake Simcoe. the average high water mark of Lake Simcoe. Section 5.16.1 (b) Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable floor area in Proposing to increase the floor area in the a required yard. required yard by 8.9 square metres (95.3 square feet). Development Services October 7, 2020 Report No. DS2020-121 Page 2of 14 Page 283 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Boathouse Replacement: Section 5.16.1 (b) Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable floor area in Proposing to increase the floor area in the a required yard. required yard by approximately 2.7 square metres (29.2 square feet). Existing Detached Accessory Building (garage): Section 7.2 - Exception 2: Minimum interior side yard setback Required: Existing setback: 1.5 metres (4.9 feet) 1.13 metres (3.7 feet) site plan, proposed dwelling elevations and proposed boathouse renderings are included as Schedules 3, 4 and 5 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 - Water and Section 3.1 Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not affect any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed dwelling addition, boathouse reconstruction and existing detached accessory building are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned,as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to Development Services October 7, 2020 Report No. DS2020-121 Page 3of 14 Page 284 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45- or structures, accessory structures and uses, that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing consistent with the LSPP as the proposed dwelling addition will not encroach any closer to the Lake than the existing rear deck. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The subject property is located within the regulated area and will be subject to obtaining a LSRCA permit prior to building permit issuance; the LSRCA permit has been included as a condition. The Committee should have regard to any LSRCA comments that may be received. County Official Plan The property is designated Rural The Rural Designation permits limited residential development. proposed single detached dwelling addition, boathouse reconstruction and existing detached garage are Plan as they are all associated with an existing permitted 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: Development Services October 7, 2020 Report No. DS2020-121 Page 4of 14 Page 285 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline Official Plan. The intent of the Shoreline Designation is: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline designation include single detached dwellings and by extension accessory uses, including boathouses and detached accessory buildings. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing single detached dwelling, rebuild/enlarge the existing boathouse and recognize the existing non- complying accessory building which are permitted uses in the Shoreline Designation. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the -law 97-95. Exception Notwithstanding any other provision in this By-law, the required interior side yard is 1.5 metres (4.92 feet) on those lands denoted by the symbol *2 on the schedules to this By-law. Stairs, landings, porches, balconies are permitted to encroach into the required interior side yard a The existing single detached dwelling, boathouse and detached accessory building are all non-complying. The existing single detached dwelling does not meet the minimum required rear yard setback of 20.0 metres (65.6 feet) to the average high water mark of Lake Simcoe as it has a setback of 17.22 metres (56.5 feet), the existing boathouse does not meet the minimum required interior side yard setback of 1.5 metres (4.9feet) for exception two as it is setback 0.41 metres (1.35 feet) and the existing detached accessory building does not meet the minimum required interior side yard setback of 1.5 metres (4.9 feet) for exception two as it is setback 1.13 metres (3.7 feet). The applicants are proposing to build an addition at the rear of the non-complying dwelling and are proposing to replace/enlarge the non-complying boathouse; therefore, the applicants are seeking relief from the Zoning By-law to permit an increase in the usable floor area within the required rear yard for the dwelling and within the required interior side yard for boathouse, as well as seeking relief to allow the dwelling to further encroach into the average high water mark of Lake Simcoe. Section 5.16.1 of the -law permits the enlargement, repair or renovation of non- complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); Development Services October 7, 2020 Report No. DS2020-121 Page 5of 14 Page 286 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law- The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. enlargement meet the general purpose and intent of the Zoning By-law as the addition will not extend any closer to the average high water mark than the existing rear deck and it is only 0.15 metres (0.49 feet) closer to the average high water mark than the existing dwelling. As for the boathouse replacement, even though the proposed boathouse will be larger than the existing boathouse, it will be setback 0.8 metres (2.6 feet) from the interior side lot line which is further than the existing boathouse at 0.41 metres (1.3 feet). The applicants have also requested to legalize the existing non-complying interior side yard setback for the existing detached accessory building which is located 1.13 metres (3.7 feet) from the interior ride lot line, rather than the required 1.5 metres (4.9 feet). The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. provides adequate space for access and maintenance around the accessory building. Furthermore, the owners will still have space to access the backyard, behind the accessory building, should they need to bring in any large machinery to the rear of the dwelling. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed single detached dwelling addition will have no impact on the adjacent landowners and will not result in the over- development of the subject lot as the addition is small in size and located where there is an existing rear deck. The proposed addition will not encroach any closer to the interior side lot line than the existing dwelling. Furthermore, the neighbour to the South, located at 253 Eight Mile Point Road, submitted a letter stating that she does not have any objections to the proposed variances. Upon site visit, Planning Staff noted that the proposed boathouse replacement will have a minimal impact on the neighbouring property owners to the north as there is a row of large hedges along the north interior side lot line that will help buffer the boathouse from the neighbouring dwelling. Development Services October 7, 2020 Report No. DS2020-121 Page 6of 14 Page 287 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Planning Staff noted that the requested variances are not out of character for the area as there are a number of property owners along Eight Mile Point Road have obtained a variance for a reduced setback from the average high water mark of Lake Simcoe and a reduced interior side yard setback. Here are some examples, just to name a few. The owners of 59 Eight Mile Point Road obtained a variance for a reduced interior side yard setback of 0.3 metres (0.98 feet) for a boathouse (Minor Variance A-2/00), the owners at 67 Eight Mile Point Road obtained a variance for a reduced setback of 14.8 metres (48.5 feet) from the average high water mark of Lake Simcoe (Minor Variance 2009-A- 04) and the owners at 237 Eight Mile Point Road obtained a variance for a reduced rear yard setback of 15.0 metres (49.2 feet) (Minor Variance 2010-A-27). Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / 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 Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 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 Lake Simcoe Protection Plan Development Services October 7, 2020 Report No. DS2020-121 Page 7of 14 Page 288 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Corporate Strategic Goals: 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 and attributes. Staff are of the opinion that the proposed development will not negatively impact the 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. Comments were received from the neighbour at 253 Eight Mile Point Road stating that that she has no objections. As of the preparation of this report, the following comments have been received from Township Departments: Township Development Engineering No objection. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Township Infrastructure and Capital Projects No objections. Township Building Division Applicant to be aware of maximum permitted openings, exposed building face and construction for wall with reduced setbacks. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Elevation Drawings Schedule 5: Boathouse Renderings Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-49 be approved, specifically for permission to build a 8.9 square metres (95.3 square feet) addition to the existing non-complying single detached dwelling with a rear yard setback of 17.07 metres (56.0 feet) from the average high water mark of Lake Simcoe, rebuild/enlarge the non-complying boathouse by increasing the floor area in the required interior side yard by approximately 2.7 square metres (29.2 square feet) and recognize the existing non-complying detached accessory building which has an interior side yard setback of 1.13 metres (3.7 feet) on the basis that the application meets the four tests of the Development Services October 7, 2020 Report No. DS2020-121 Page 8of 14 Page 289 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services October 1, 2020 Andria Leigh, Director Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-121 Page 9of 14 Page 290 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-121 Page 10 of 14 Page 291 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-121 Page 11 of 14 Page 292 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Schedule 3: Development Services October 7, 2020 Report No. DS2020-121 Page 12 of 14 Page 293 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Schedule 4: Elevation Drawings Development Services October 7, 2020 Report No. DS2020-121 Page 13 of 14 Page 294 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Schedule 5: Boathouse Renderings Development Services October 7, 2020 Report No. DS2020-121 Page 14 of 14 Page 295 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 11:16 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-49) Baker & Luft Teresa Operations has no objections to this applications. Regards Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 296 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 8:33 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-49) Baker & Luft Building Division comments are as follows; 1. Applicant to be aware of maximum permitted openings, exposed building face and construction for wall with reduced setbacks. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 297 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 10:05 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-49) Baker & Luft Teresa Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading (ELG) Plan shall be required at the time of Building Permit Application. Stay Healthy ! David Saunders Manager, Development Engineering Township of Oro-Medonte Page 298 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... From: Eva Pellatt <evapellatt@bell.net> Sent: Monday, September 28, 2020 10:13 AM To: Planning <Planning@oro-medonte.ca> Subject: Re: Application: 2020-A-49 Baker/Luft We, Ron and Eva-Maria Pellatt , of 253 Eight Mile Point Road , have no objections to the proposed changes for 255 Eight Mile Point Road as per application 2020-A-49. We can be reached at 705-737-6440 or 705-721-7142 or at the email address above for further inquiries. Sincerely, Eva-Maria Pellatt Page 299 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ October 1, 2020 File No: 2020-A-49 IMS File No.: VA-186594-091820 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance Application 255 Eight Mile Point Road Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of an addition to the rear of the existing non-complying single detached dwelling and replace the existing non- complying boathouse. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is regulated due to the associated shoreline flood and erosion hazards. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 300 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Page 2 of 3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed addition will be located within the shoreline hazard lands although the residential use is existing and permitted. The proposed new boat house will also be located within the shoreline hazard lands. This will replace and existing boat house and does constitute a new residential use as no habitable space is proposed. Therefore, the proposal is consistent with Section 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may Page 301 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Page 3 of 3 require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is partially within a regulated area and the works appear to be proposed in the regulated area as well. The works will therefore require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation \[179/06\] applies to the subject site and a permit from LSRCA will be required prior to any municipal approvals. 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 the proposed works. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 302 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Page 303 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... 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Page 314 of 430 6.i) 7:20 p.m. DS2020-121, Catherine McLean, Planner re: Minor Variance ... Page 315 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Report Report No. To: Prepared By: DS2020-123 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-50 (McCaskie) Roll #: R.M.S. File #: 1179 Line 2 South (Oro) 4346-010-007-17300 D13-58498 Recommendation(s): Requires Action For Information Only X 1. That Report No. DS2020-123 be received and adopted. 2. That Minor Variance Application 2020-A-50 by Chris and Heather McCaskie, specifically to permit lot frontages of 22.43 metres (73.5 feet) for a proposed severed and retained lot for property located at 1179 Line 2 South, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2020-123. The conditions are as follows: a. That notwithstanding Table B1 of Zoning By-law 97-95, the severed and retained lot shall otherwise comply with all other applicable provisions of the Zoning By- Law; b. That the appropriate Zoning Certificate and Building Permit be obtained only after Planning Act R.S.O. 1990, c.P. 13. signature. Background The subject lands are located on the east side of Line 2 North, south of Ridge Road (refer to Schedules 1 and 2) in the Shanty Bay Settlement Area. Surrounding land uses consist of residential dwellings. The Development Services Committee granted Consent Application 2018-B-27 to sever one (1) residential lot from lands municipally known as 1179 Line 2 South, at their Development Services October 7, 2020 Report No. DS2020-123 Page 1of 8 Page 316 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... meeting on January 2, 2019. This application and the decision stated that the severed and retained lands would each comprise a lot area of 0.10 hectares (0.49 acres)and have approximately 22.5 metres (73.8 feet) of frontage on Line 2 South (refer to Schedule 2). As a condition of the Consent decision, the applicant applied for Minor Variance Application 2019-A-06 and the Committee granted relief from Table B1 of Zoning By-law 97-95 specific to the minimum lot size and minimum lot frontage for residential uses as follows: Required Proposed Lot Size 0.2 hectares (0.49 acres) 0.10 hectares (0.24 acres) Lot Frontage 30.0 metres (98.4 feet) 22.5 metres (73.8 feet) Both the Consent Application 2018-B-27 and Minor Variance Application 2020-A-06 were appealed to the Local Planning Appeals Tribunal (LPAT) by the adjacent neighbor. Both applications were dealt with during the same LPAT hearing which took place on September 18, 2019. LPAT rendered a decision on May 25, 2020 which dismissed the appeals which approved the consent and the reduction in lot frontage and area for the severed and retained lands. The applicant (Mr. McCaskie) was required to provide the Township with a survey as required to satisfy conditions of approval for Consent Application 2018-B-27. When the survey was received by the Township, the lot frontages differed slightly from the frontages approved by the Committee and the LPAT. The Committee and LPAT approved the consent and minor variance applications at lot frontages of 22.5 metres and the frontages indicated on the survey are 22.43 metres. Therefore the applicant was required to submit a new minor variance application requesting further relief from was approved by the Committee and LPAT. Analysis: Provincial Policy Statement 2020 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Shanty Bay is a designated settlement area and the proposed lot frontages are appropriate to the growth and the character of the community (Shanty Bay), and in the proposed Minor Variance is consistent with the Provincial Policy Statement 2020. Development Services October 7, 2020 Report No. DS2020-123 Page 2of 8 Page 317 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Growth Plan for the Greater Golden Horseshoe 2020 The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 employment growth will be accommodated by a) directing a significant portion of new growth to the built-up areas of the community Since the proposed variance pertains to a residential lot within a settlement area (Shanty Bay), the proposed development is considered to maintain the general intent of County of Simcoe Official Plan Shanty Bay is identified as a ered to be thSettlements are developed at higher densities which means that more resource lands and environmentally valuable lands can be conserved. The wide range of land uses provides an opportunity for people to live, work, shop and find recreation in one compact community. It is the opinion of Development Services Staff that this application conforms to the as of the preparation of this report, it is recommended that the Committee have regard Does the variance conform to the general intent of the Official Plan? and Section Shanty Bay is a settlement area that functions primarily as a residential Section C3 contains the policies related to the use and development of land in this designation. Specifically, Section C3.1 and C3.2 of the Official Plan. Section C3.1 sets an objective to create attractive communities with suitable amenities and to ensure that settlement areas are developed in a logical and cost-effective manner. The proposed lot frontages are consistent with other lots within the settlement area, and the lots been developed in an infill manner that is reasonable. Section C3.2 The proposed reduction in lot frontages for residential uses would conform to the as the lots are within a Rural Settlement Area. Development Services October 7, 2020 Report No. DS2020-123 Page 3of 8 Page 318 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Does the variance conform to the general intent of the Zoning By-law, and is the variance appropriate for the desirable development of the lot? The subject lands are zoned - law 97--law requires that a Residential One (R1) Zoned lot have a Minimum Lot Frontage of 30 metres. The general intent for this requirement is to permit the development of private services such as a well and septic system on the property. It would appear that the reduction in lot frontage would not constrain the lands for proper placement of a septic and well, or placement of a single family dwelling as identified in the applicants site plan. (See Schedule #3). It should also be noted the proposed dwelling in the application is a concept drawing, and the applicant, if approved could build a different dwelling. The proposed lands are located within the Shanty Bay Settlement area, and are surrounded by existing residential uses, with a broad range of lots with different lot sizes, frontages and configurations. The proposed reduction in lot frontage would be considered compatible with the uses taking place on adjacent lands in this area of Shanty Bay and would appear to be appropriate to accommodate a detached dwelling unit while achieving the necessary setbacks as required while maintaining the existing character of the area. Planning Staff is of the opinion that the variance conforms to the general intent of the Zoning By-law and is appropriate for the desirable development of the lot. Is the variance minor? As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal and Council chooses to defend the Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement 2020 Growth Plan for the Greater Golden Horseshoe, 2020 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 October 7, 2020 Report No. DS2020-123 Page 4of 8 Page 319 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Corporate Strategic Goals: are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic and attributes. Staff are of the opinion that if the subject minor variance is approved, that the change eatures 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: Operations has no objections to this application. The applicant should be made aware of the requirement to obtain an entrance permit for any new entrance. Building Division: Applicant to identify proposed dwelling and sewage system location complete with proposed well locations and required clearances. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3 Schedule 4: Survey Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-50 be approved specifically to permit lot frontages of 22.43 metres (73.5 feet) for a proposed severed and retained lot for property located at 1179 Line 2 South, on the basis that the application is consistent with and conforms to Provincial policies and the County of Simcoe Official Plan and meets the four tests of the Planning Act. Respectfully submitted: Todd Weatherell RPP, CPT Intermediate Planner Development Services October 7, 2020 Report No. DS2020-123 Page 5of 8 Page 320 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Approval: Date Derek Witlib, Manager, Planning Services September 30, 2020 Andria Leigh, Director, Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-123 Page 6of 8 Page 321 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Schedule 1 Location Map: Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-123 Page 7of 8 Page 322 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Schedule 3 s: Schedule 4: Survey Development Services October 7, 2020 Report No. DS2020-123 Page 8of 8 Page 323 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 8:26 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-50) McCaskie Teresa Operations has no objections to this application. The applicant should be made aware of the requirement to obtain an entrance permit for any new entrance. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 324 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 11:46 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 07, 2020 (2020-A-50) McCaskie Building division comments are as follows: 1. Applicant to identify proposed dwelling and sewage system location complete with proposed well locations and required clearances. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 325 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 326 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 327 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 328 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 329 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 330 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 331 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 332 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 333 of 430 6.j) 7:30 p.m. DS2020-123, Todd Weatherell, Intermediate Planner re: Min... Page 334 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Report Report No. To: Prepared By: DS2020-133 Development Services Committee Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # October 7, 2020 Consent Application 2020-B-24 & _____________________ Minor Variance Application 2020- Roll #: R.M.S. File #: A-52 by 1783048 Ontario Ltd. 4346-010-007-15800 D10-58501 31 Bay Street Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-133 be received and adopted; 2. That Application 2020-B-24 by 1783048 Ontario Ltd. to permit the creation of a new lot consisting of a lot area of approximately 0.17 hectares (0.42 ac.) and a frontage of approximately 20.97 metres (68.8 ft.) and a retained parcel consisting of a lot area of approximately 0.24 hectares (0.59 ac.) and a frontage of approximately 36.46 metres (119.62 ft.) be deferred to provide the applicant the opportunity to address Provincial policies related to natural heritage, hydrology and natural hazards, to the satisfaction of the Township and the Lake Simcoe Region Conservation Authority. 3. That Minor Variance Application 2020-A-52 by 1783048 Ontario Ltd., specifically to permit a lot area of 0.17 hectares (0.42 ac.) and a lot a frontage of 20.97 metres (68.8 ft.) for a proposed severed lot and a front yard setback of 6.08 m (19.95 ft) for the existing dwelling on a proposed retained parcel, for property located at 31 Bay Streetbe deferred, to afford the applicant the opportunity to address the Township and agency comments associated with related Consent Application 2020-B-24. 4. And that the applicant be advised of s Background: The subject lands are located at 31 Bay Street, on the south-east corner of the intersection of Bay Street and Line 2 South, and currently support a single detached dwelling and an accessory building. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. The property is a shoreline lotabutting Lake Simcoe. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Development Services Committee October 7, 2020 Report No. DS2020-133 Page 1 of 15 Page 335 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... The purpose of Consent Application 2020-B-24is the creation of a new residential lot. The included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be Severed: Lands to be Retained: Frontage: Approx. 20.97 m (68.8 ft.) Approx. 36.46 m (119.62 ft.) Depth: Approximately 73 m (239.5 ft.) Approximately 70 m (229.66 ft.) Area: Approximately 0.17 ha (0.42 ac.) Approximately 0.24 ha (0.59 ac.) Use: Proposed new dwelling Existing dwelling The purpose of Minor Variance Application 2020-A-52 is to seek relief from the following sections of Zoning By-law 97-95: Section 4.0, Table B1 Standards (SR Zone) Required: Proposed: Minimum Lot Area: 0.2 ha (0.49 ac) 0.17 ha (0.42 ac) for severed parcel Minimum Lot Frontage: 30 m (98.43 ft) 20.97 m (68.8 ft.) for severed parcel Minimum Front Yard: 7.5 m (24.6 ft) 6.08 m (19.95 ft) for existing dwelling on retained parcel Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 Rural Areas, Section 2.1 Natural Heritage, Section 2.2 Water and Section 3.1 Natural Hazards, are applicable to this application. This application represents limited residential development that is consistent with the PPS with respect to Rural Areas, as the lands are designated by the . However, Planning Staff are of the opinion that additional information is required by the applicant to demonstrate consistency with Sections 2.1, 2.2 and 3.1 of the PPS with respect to addressing natural heritage, surface water and shoreline hazard risks. These requirements are detailed later in this report and this position is supported by the comments that have been received from the Lake Simcoe Region Conservation Authority and included as Schedule 4 to this report. Based on the above, Planning Staff is unable at this time to conclude that the applications are consistent with all relevant policies of the PPS. Development Services Committee October 7, 2020 Report No. DS2020-133 Page 2 of 15 Page 336 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area.Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. The proposed development is located within an already established shoreline residential area and therefore can be considered under this Growth Plan policy. However, the proposed development is also located within 120 metres of a Key Hydrologic Feature (Lake Simcoe) and is therefore subject to the policies of Sections 4.2.1 Water Resource Systems, 4.2.2 Natural Heritage, and 4.2.4 - Lands Adjacent to Key Hydrologic Features. These policies direct that a natural heritage evaluation/hydrologic evaluation is required when considering development such as that being proposed by this application. Furthermore, Section 2.2.1(e) generally directs development away from hazardous lands, including shoreline related flood, erosion and ice-related hazards. On this basis, additional information is required in order to determine conformity with the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in context to the LSPP and the following policies are applicable: 6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation 6.26-DP A natural heritage evaluation referred to in policies 6.3 and 6.25 shall be carried out in accordance with guidelines developed by the MNR and shall: a. demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature, key hydrologic feature, Lake Simcoe and its associated vegetation protection zone, or on the related ecological functions; b. identify planning, design and construction practices that will maintain and, where feasible, improve or restore the health, diversity and size of the key natural heritage feature or key hydrologic feature and its connectivity with other key natural heritage features or key hydrologic features as well as connectivity and linkages to natural heritage systems identified in Provincial Plans or by municipalities, the LSRCA or MNR; c. demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or Development Services Committee October 7, 2020 Report No. DS2020-133 Page 3 of 15 Page 337 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... restored before, during and after construction to allow for the effective dispersal and movementof plants and animals; d. determine if the minimum vegetation protection zone is sufficient to protect the ecological functions of the feature and the area being evaluated, in particular where this feature or area is adjacent to a coldwater stream, headwaters, freshwater estuaries, steep slope or is acting as or has been identified as a wildlife corridor to ensure that the area will continue to effectively act and function as a wildlife corridor; e. determine if the minimum vegetation protection zone is sufficient to protect areas adjacent to existing features that would be appropriate for restoration or re- naturalization to enhance the ecological functioning of that feature, such as lands that provide for rounding out or filling of gaps in significant woodlands; and f. if the minimum vegetation protection zone is not sufficient to protect the function of the feature or protect opportunities for feature enhancement, specify the dimensions of the required vegetation protection zone. In addition, Policy 6.10-DP states that within 120 metres of the Lake Simcoe Shoreline, development and site alteration should be integrated with and should not constrain ongoing or planned stewardship and remediation efforts. The proposed new building lot is located within an existing shoreline residential areathat shoreline built-up areas and is located 100 metres from the Lake Simcoe shoreline. Therefore, the above-noted policies are applicable and have currently not been satisfied by these applications and Planning Staff is currently unable to find conformity with the Lake Simcoe Protection Plan. Lake Simcoe Region Conservation Authority The LSRCA in their comments regarding these applications (provided in Schedule 4) have advised that: The proposed new lot is partially within the shoreline flood hazard area and the hazard area. The LSRCA is not satisfied from a watershed management perspective that the applications are consistent with Provincial natural heritage and hazard policies. The applications should be deferred to provide the Applicant a chance to revise the proposal and locate the new dwelling outside of the flood hazard area. A permit will be required from the LSRCA County of Simcoe Official Plan The subject lands are designated Rural in the CSection 3.7.4 lists limited residential development as a permitted use within the Rural designation.Section 3.7.8 states thatLimited 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 Development Services Committee October 7, 2020 Report No. DS2020-133 Page 4 of 15 Page 338 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... 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. . opinion, the proposed consent application conforms to these policies as the proposed lot is limited in size and located within an existing shoreline residential area. Under the General Development Policies, Section 3.3.13 states that all development within the area of the Lake Simcoe Protection Plan is required to satisfy the provisions of Section 3.13 of this Plan. Section 3.13 reiterates the policies listed in the Lake Simcoe Protection Plan discussed in the previous section of this report and therefore Planning staff cannot determine conformity with the County Plan at this time. As of the preparation of this report, Development Services Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Sec designation, which includes single detached dwellings. The proposed consent was assessed against the development of land policies in the Shoreline Designation. Specifically, Section e of policies contained in these sections is limited to either the creation of multiple lots by Plan of Subdivision, or to the expansion of the Shoreline designation in Schedule A to the Official Plan. On this basis, Planning Staff must defer to the gener Lot by Consent General Crite a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Conforms: The severed and retained parcels would front onto a Township road, specifically Bay Street, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Development Services Committee October 7, 2020 Report No. DS2020-133 Page 5 of 15 Page 339 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Conforms: Bay Street is not a Provincial Highway or County Road. c) Will not cause a traffic hazard; Conforms: Upon site visit, Planning Staff noted that the severed parcel would require a new municipal entrance. No traffic concerns have been identified by the Operations Department, but the applicant will be required to obtain an entrance permit for thenew lot. 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 conform at this time: The lands to be severed do not comply with the Zoning By- the severed lot will be of an adequate size and shape to accommodate the proposed development while still avoiding lake-based natural hazards as required by Provincial policies. The applicant has submitted Minor Variance Application 2020-A-52 to address matters of zoning non-compliance, however it is pre-mature to analyze the requested variances before more substantive development concerns are addressed. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conformity can potentially be demonstrated through a condition of consent: The severed and retained land generally possess sufficient land area for any future dwellings to be serviced by private individual on-site services (well and septic system). However, options for the positioning of those services on the lands may be restrictedin relation to existing surrounding wells and septic systems. Therefore, as per the comments received from the Building Department, the applicant is to submit a plan to the Building Division with approximate building and sewage system envelopes for possible future development, as well as illustrating surrounding wells and their required clearances. Building Staff has advised that such a plan can be accepted as a condition of consent rather than prior to approval. In the event that the applicant is able to satisfy the natural heritage/hydrologic and natural hazard concerns identified in this n appropriate condition of consent could be imposed with respect to water supply and means of sewage disposal. f) Will not have a negative impact on the drainage patterns in the area; Conforms: The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance . This is process is considered adequate to address drainage considerations. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Development Services Committee October 7, 2020 Report No. DS2020-133 Page 6 of 15 Page 340 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Conforms: The retained lands are designated Shoreline and are thus not designated for development beyond the level of their current use, which is for single detached residential 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; Does not conform at this time: PPS, Growth Plan and LSPP policies are required to be addressed by the applicant through the provision of a Natural Heritage Evaluation/Hydrologic Evaluation and addressing natural hazard concerns to the satisfaction of the LSRCA. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Conforms: The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and private water supply. 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 at this time: Planning Staff have reviewed this application against Section 51(24) of the Planning Act and find that the following subsections are not satisfied at this time: a) matters of Provincial interest; c) whether the plan conforms to the Official Plan; d) suitability of the lands; f) dimensions and shape of the severed lots; and h) conservation of natural resources and flood control. Based on the above, Planning Staff are at this time unable to find these applications to be in conformity with the Official Plan. Zoning By-law 97-95 -law 97- 95, as amended. Single detached dwellings are permitted in the Shoreline Residential (SR) Zone. The applicant has submitted Minor Variance Application 2020-A-52 to address: A reduced lot area of 0.17 hectares (0.42 ac.) for the severed lands; A reduced lot frontage of 20.97 m (68.8 ft.) for the severed lands; and Recognize an existing reduced front yard setback of 6.08 m (19.95 ft.) for an existing dwelling on the retained lands. Development Services Committee October 7, 2020 Report No. DS2020-133 Page 7 of 15 Page 341 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Until such time as the more substantive land use concerns (natural heritage, hydrology and natural hazards) identified in this report have been addressed, it is pre-mature to evaluate the above-noted variances in detail and there is the potential that additional or different variances could be necessitated through the additional work that needs to be undertaken by the applicant. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeals Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement, 2020 Lake Simcoe Protection Plan A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: LSRCA: That the applications be deferred (see LSRCA comments dated September 30, 2020, attached as Schedule 4 to this report) Building Division: Existing sewage system to be relocated fully on retained lands prior to severance and a permit required. Identify all existing and proposed well locations complete with OBC clearance requirements on retained, severed and surrounding lots. Conceptual septic bed area on severed lot to be further detailed with full dimensions, location setbacks and bed sizing for a proposed dwelling. All comments recommended to be satisfied as conditions of severance. Development Services Committee October 7, 2020 Report No. DS2020-133 Page 8 of 15 Page 342 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Development Engineering No objection. Engineered Lot Grading required at time of building permit application Operations Division No objection. New lot will require a driveway entrance permit in the future. Bell Canada No concerns. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 4: Lake Simcoe Region Conservation Authority Comments Conclusion: is recommended that Consent Application 2020-B-24 and Minor Variance Application 2020-A-52 be deferred to provide the applicant the opportunity to address Provincial policies related to natural heritage, hydrology and natural hazards, to the satisfaction of the Township and the Lake Simcoe Region Conservation Authority. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services October 2, 2020 Development Services Committee October 7, 2020 Report No. DS2020-133 Page 9 of 15 Page 343 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Schedule 1: Location Map Development Services Committee October 7, 2020 Report No. DS2020-133 Page 10 of 15 Page 344 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Schedule 2: Aerial Photo Development Services Committee October 7, 2020 Report No. DS2020-133 Page 11 of 15 Page 345 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Consent Sketch Development Services Committee October 7, 2020 Report No. DS2020-133 Page 12 of 15 Page 346 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Schedule 4: LSRCA Comments Development Services Committee October 7, 2020 Report No. DS2020-133 Page 13 of 15 Page 347 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Development Services Committee October 7, 2020 Report No. DS2020-133 Page 14 of 15 Page 348 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Development Services Committee October 7, 2020 Report No. DS2020-133 Page 15 of 15 Page 349 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca> {ĻƓƷʹ Monday, September 21, 2020 9:11 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-52) and (2020-B-24) 1783048 Ontario Ltd Teresa Development Engineering has No Objection to the above noted Applications. Note: An Entrance Permit for the newly created Lot shall be required. 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 350 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca> {ĻƓƷʹ Tuesday, September 22, 2020 10:30 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-52) and (2020-B-24) 1783048 Ontario Ltd Teresa Operations has no objections to this application. An entrance permit will be required. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 351 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca> {ĻƓƷʹ Wednesday, September 23, 2020 11:43 AM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> /ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca> {ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-52) and (2020-B-24) 1783048 Ontario Ltd Building Division comments are as follows; 1. Existing sewage system to be relocated fully on retained prior to severance. Permit required. 2. Identify all existing and proposed well locations complete with OBC clearance requirements on retained, severed and surrounding lots 3. Conceptual septic bed area on severed lot to be further detailed with full dimensions, location setbacks and bed sizing for a proposed dwelling. 4. All comments recommended to be satisfied as conditions of severance. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 352 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ Moyle, Jacqueline <jacqueline.moyle@bell.ca> {ĻƓƷʹ Wednesday, September 23, 2020 1:03 PM ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca> {ǒĬƆĻĭƷʹ 705-20-333 RE: Notice of Public Hearing - Development Services Committee Meeting October 7, 2020 (2020-A-52) and (2020-B-24) 1783048 Ontario Ltd This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Teresa, Re: 2020-B-24 Details: Consent Application 31 Bay Street Township of Oro-Medonte Bell File 705-20-333 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 3B1 P: 705-722-2636 F: 705-726-4600 jacqueline.moyle@bell.ca Page 353 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Sent by E-mail: ğƉğƩğźƭƉğƉźƭθƚƩƚΏƒĻķƚƓƷĻ͵ĭğ September 30, 2020 File No: 2020-A-52, 2020-B-24 IMS File No.: CO-306326-092220 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mrs. Karaiskakis: Re: Minor Variance and Consent Applications 31 Bay Street Township of Oro-Medonte LSRCA staff have reviewed the above-noted Applications for Minor Variance and Consent to facilitate the creation of a new lot with reduced lot area, frontage, and front yard setback. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: Staff has reviewed these applications as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is regulated due to the associated shoreline flood and erosion hazards. The subject property is currently designated Shoreline in the Township of Oro- The subject property is currently zoned Shoreline Residential (SR) Zone. Page 354 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Page 2 of 3 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The proposed new lot is partially within the shoreline flood hazard area. The provided drawing indicates that the new dwelling will be within the hazard area. Section 3.1 of the PPS directs all new residential uses outside of hazard lands and therefore this proposal is not consistent with the hazard policies of the PPS. 2. LSRCA has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is partially within a regulated area and the Page 355 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... Page 3 of 3 proposed new dwelling is within the shoreline hazard area. Therefore, the works will require a permit from LSRCA. Summary LSRCA is not satisfied from a watershed management perspective that the applications are consistent with the natural heritage and hazard policies of the PPS. The new dwelling will need to be located outside of any flood hazard lands in order to demonstrate that the proposal is consistent with the PPS. LSRCA is recommending deferral of the Application in order for the Applicant to revise the proposal to meet the policies of the PPS. Given the above comments, it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has not been demonstrated; 2. Ontario Regulation \[179/06\] applies to the subject site and a permit from LSRCA will be required prior to any municipal approvals. On this basis, LSRCA is recommending that the Applications be deferred to provide the Applicant a chance to revise the proposal and locate the new dwelling outside of the flood hazard area. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 356 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ BIGELOW <tebigelow@rogers.com> {ĻƓƷʹ October 6, 2020 11:04 AM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Planning at Oro-Medonte This is in response to 1) Minor Variance Application to 31 Bay Street dated Sept 21, 2020 (-22a52) 2)A Consent Applioation of the same date. (22b24) The application seeks to divide the property at 31 Bay Street into two residential lots The descriptions with which we have been provided Indicates a road frontage of 118.02 feet of which the applicant wishes to sever 68.8 ft .. This is 29.1 feet less than the minimum standard required. Conservation Authority (LSRCA) to be within the Shoreline Flood area. The provincial Policy Statement (PPS) Section 3.1 requires that all new residential uses must be outside On the east of the proposed new lot is a stormwater ditch.. The proposed development should require permission from the Conservation Authority to ensure that the control of the runoff is not adversely affected and potentially damaging to the environment. We are sending this email to residentsfor you toconsiderate the changes asked for and to consider their suitability for our village. planning@oro-medonte.caand directed to:all members of etary-Teasurer,Developmental Services. Concerns should we sent by October 07 although we understand that a deferment has beentabled theconsequences of which are not known. jhwang@hotmail.com lbell1709@rogers.com wiles10@yahoo.ca tooth fairy-k@hotmail.com mjsarjeant@sympatico.ca vick@handfamily.ca tvcrooks@sympatico.ca karen.sanderson@sympatico.ca aniakielar@gmail.com joshua.manolakos@gmail.com laurenmanolokos@gmail.com stefanison@gmail.com Page 357 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... sbenjafield@hotmail.com Lynnette.eisen@rogers.com val@paulvalco.com bryn80@rogers.com leslie.pressnail@gmail.com lauriejstanford@gmail.com kimtrudeau7@gmail.com judibolton@yahoo.ca marykay.marshall@live.ca wong@gmail.com hilarybert@gmail.com lisamarywaters@gmail.com angel.iocca@rogers.co m faridajones@rogers.com mccambridge@hotmail.com psarjeant@rogers.com mjsarjeant@sympatico.ca jasmith57@icloud.com Page 358 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... CƩƚƒʹ G. Pears <pearsgc@gmail.com> {ĻƓƷʹ Tuesday, October 6, 2020 11:10 PM ƚʹ Planning <Planning@oro-medonte.ca> {ǒĬƆĻĭƷʹ Re: Application 2020-B-24, & 2020-A-52 Oct. 6, 2020 Township of Oro Medonte 148 Line 7 South Oro Medonte, ONL0L 2E0 Attn: Secretary-Treasurer, Development Services planning@oro-medonte.ca Re: Application 2020-B-24, & 2020-A-52 To Whom It May Concern: We live at 54 Bay St. in Shanty Bay, and it has come to our attention that an application to develop a new lot at 31 Bay St. has been made to the Planning department of Oro-Medonte.A second application is seeking relief from the zoning By-law 97-95. We are opposed to this severance even if proposed modifications can be made. It does not satisfy the requirements of the Lake Simcoe Region Conservation Authority, heritage features, minimum lot size, frontage, or minimum front yard standards. The relief sought from the by-law is not minor.too Thisrepresents a development proposal for a waterfront lot in an established neighbourhood, characterized by large frontages and yards. The current built form of the neighbourhood should be considered.Irrespective of whether the zoning by- law or intensification policies now permit overbuilding infill,the character of the neighbourhood is deserving of protection. New developments should be compatible and respect the established physical character of the neighbourhood. Small frontages are not characteristic of this shoreline residential neighbourhood.Furthermore, if relief were granted,it sets a precedent for further developments that could alter the neighbourhood dramatically, as well as undermine the by-law. A primary consideration for people purchasing real estate in a particular neighborhood, such as this one on Bay St. in Shanty Bay is the degree of spaciousness, sunlight and privacy dictated by the zoning by- laws existing when the neighborhood was developed. Residents pay a higher purchase price and higher annual taxes for the enjoyment of these qualities and are entitled to protection from a reduction in zoning standards. We should be able to rely upon this It is a breach of trust when they are diminished. We ask that this proposal be denied and also to be informed in writing should any further decisions or actions are taken with regard to this application. Respectfully, Greg Pears 54 Bay St., Shanty Bay ON Page 359 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... -----Original Message----- From: Judy Smith <jasmith57@icloud.com> Sent: Wednesday, October 7, 2020 1:29 PM To: Planning <Planning@oro-medonte.ca>; Hughes, Harry <harry.hughes@oro- medonte.ca>; Keane, Cathy <cathy.keane@oro-medonte.ca> Subject: Consent Application 2020-B24. Minor Variance Application 2020- I am writing to express my opposition to Minor Variance Application number 2020-A-52 and the consent Application 2020-B-24 In the application the size of the lot to be severed is 68.8 feet it is too small for a lot size in Shanty Bay on the waterfront. It does not satisfy the requirements of LSRCA, in regards to minimum lot size ,Frontage, or minimum front yard standards, It has heritage features One of the unique features of the village is the diversity of lot size and house design. The size of the lot at 68.8 feet does not agree with the standards set for a lakeshore lot. This could serve as a precident for having more lots divided that do not meet the standards of the Lake Simcoe Conservation Authority and than result in more peace meal lots that will destroy the character of the village. The official plan of the neighbourhood has always been rural Please do not change this by permitting excess growth. By-laws are made to protect the land, not to e broken when someone wants change. Higher prices and highertaxes are paid because of the present character of the village. We should be able to trust in the zoning policies we have Not only is this small lot it is being built on fragile ground that does not with the LSRCA I ask that this proposal be denied andif further action takes place that I be notified Yours respectfully Judy Smith jasmith57@icloud.com 53 Bay St.h Page 360 of 430 6.k) 7:50 p.m. DS2020-133, Derek Witlib, Manager, Planning Services re: ... 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Page 371 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Report Report No. To: Prepared By: DS2020-117 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # October 7, 2020 Zoning By-law Amendment _____________________ Application 2020-ZBA-16 Roll #: R.M.S. File #: Steven and Stephanie Moyle 4346-020-003-03200 D14-58503 987 Warminster Sideroad Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report DS2020-117 regarding a Zoning By-law Amendment applying to lands municipally known as 87 Warminster Sideroad, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2020-ZBA-16 by Steven and Stephanie Moyle, specifically to rezone the subject lands from the Open Space (OS) Zone to the Agricultural/Rural Exception 321 (A/RU*321) and the Environmental Protection (EP) Zones to recognize the existing use of the property be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for consideration. 4. Director, Development Services signature. Background: The subject lands have a lot area of 7.28 hectares (18 acres) and contain a single detached dwelling and several accessory buildings. The subject lands have approximately 0.65 hectares (1.6 acres) of cleared lands that are the location of the above noted buildings and a pond area, with the balance of the property being a wooded area that contains an unevaluated wetland. Surrounding land uses to the north and west consist of additional residential uses, Simcoe County Forest (Douglas Tract), and the CP Railway. Land uses to the south and east include the wetland, agricultural, and residential uses. The dwelling on the property according to the MPAC records was construct purposes since that time. Development Services October 7, 2020 Report No. DS2020-117 Page 1 of 10 Page 372 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Development Proposal The purpose of this Zoning By-law Amendment application is to re-zone the subject lands from the Open Space (OS) Zone to the Agricultural/Rural Exception 321 (A/RU*321) and Environmental Protection (EP) Zones to accurately reflect the existing residential use of the property. In addition, the re-zoning will accurately reflect the location of the unevaluated wetland area on the property. A location map is attached as Schedule 1, an aerial imageis included as Schedule 2, and the draft Zoning By-law Amendment is found at Schedule 3 of this report. Analysis: Provincial Policy Statement 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1.5 Rural Lands in Municipalities contains policies for rural lands in municipalities on where to direct development. Po surrounding land uses consist of County forest, CP railway, agricultural parcels of land and rural residential land uses. The proposed Zoning By-law Amendment does not change the character of the area, and will recognize the use that has been historically occurring on the subject lands. Additionally, the re-zoning will recognize the portion of the subject property that is the site of an unevaluated wetland with the appropriate Environmental Protection (EP) zone. Planning Staff is of the opinion that the proposed Zoning By-law Amendment Application is considered to be consistent with the Provincial Policy Statement, 2020, as the proposed zoning will protect the rural landscape and the environmental features of land. Growth Plan for the Greater Golden Horseshoe 2020 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. Section 2.2.9.3 c) states 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: 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. Planning Staff is satisfied that the existing residential use is compatible and consistentwith the surrounding land uses; additionally the zoning amendment proposes to re-zone the wetland area to the appropriate environmental protection zone ensuring its long-term protection. The lands are adequately serviced by an individual on-site well and a private onsite sewage disposal system. Based on the above, Planning staff is of the opinion that the use will be Development Services October 7, 2020 Report No. DS2020-117 Page 2 of 10 Page 373 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... sustained by rural service levels. Planning Staff finds the application conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are designated in the County of Simcoe Official Plan. The proposed zoning application that would reflect the existing residential use and would protect the wetland/woodland feature on the subject property is consistent with the policies of the County Official Plan. at the proposed Zoning By-law Amendment conforms to the County Official Plan. As of the preparation of this report, Development Services Staff has not received comments from the County; the Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated Ruralin accordance with . Rezoning the subject lands to an Agricultural/Rural zone to reflect the existing use of the lands is in conformity to the Rural policies and objectives that permit residential and rural uses. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to reflect the existing residential use of the subject property al Plan. Proposed Zoning By-law Amendment The subject lands are zoned Open Space (OS) in the Township Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submittedto correct the current zoning of the property to accurately reflect the existing residential use that -law 1990- 22 for the former Township of Medonte given the location of the property and confirmed that the subject property was zoned Rural (RU) and Low Environmental Sensitivity (ES2) zones in By-law 1990-22. It would appear that at the time of completing the comprehensive Zoning By- law in 1997 for the newly amalgamated Township of Oro-Medonte, the subject property was zoned Open Space (OS) which is the zoning applicable to the adjacent County Forest. The determined the current zoning and are seeking to correct this to accurately reflect the existing use of the lands for future sale of the property. The Public Meeting is scheduled for October 7, 2020 and given the proposed re-zoning is solely for the purposes of recognizing the existing use of the subject property, staff do not anticipate that any public concerns or issues will arise for this rezoning application. In this regard, Planning Staff considers it appropriate for Council to consider passing the Zoning By- law Amendment immediately after the Public Meeting held by the Development Services Committee. Therefore, Staff recommends approval of Zoning By-law Amendment 2020-ZBA- 16 and has prepared a Zoning By-law Amendment for consideration by Council. Development Services October 7, 2020 Report No. DS2020-117 Page 3 of 10 Page 374 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... The By-law prepared by Staff would rezone the subject property from Open Space (OS) to Agricultural/RuralException 321(A/RU*321) and Environmental Protection (EP).The By-law (Section 5.27 - Setbacks from Limits of Environmental Protection Zone) requiring all buildings to be located 30 metres from an Environmental Protection zone boundary does not apply. This will allow for future building additions or new buildings to be constructed in the area zoned Agricultural/Rural Exception *321 without the requirement for further zoning by-law amendments or minor variances. The Nottawasaga Valley Conservation Authority (NVCA) also regulates the subject property and therefore any future construction would be subject to obtaining their applicable permit prior to construction and would ensure appropriate protection of the environmental features. NVCA staff attended the subject property to delineate the boundary of the environmental feature and have confirmed for the Township the appropriate EP zone boundary to be reflected in this zoning by-law amendment. Further NVCA staff have confirmed they are supportive of the Exception that will not require the application of a further 30 metre setback from the EP zone boundary and the ability to ensure environmental protection through their permit process in the future. As noted above, the subject property has been utilized for residential purposes since the The proposed Zoning By-law Amendment would accurately rezone the lands to reflect this historic use, zone the environmental feature to ensure it protection and would conform to the Rural A By-law has been prepared for consideration by the Committee, which is included as Schedule 3 to this report. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 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: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Development Services October 7, 2020 Report No. DS2020-117 Page 4 of 10 Page 375 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Balanced Growth: Ensure land use planning policies manage change and promote economic activity that Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Building Division No Comments Development Engineering No Objection Operations Division Enbridge No Objection NVCA September 30, 2020 email - NVCA staff confirm the area subject to re-zoning is not within: a flood-susceptible area; a hazardous site (characterized by unstable soils or bedrock); an erosion hazard area; a natural heritage feature. Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). Permission for site alteration and development is required from the NVCA within the NVCA Regulation Limit. It is understood that the existing use is established and that no development is proposed with this application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Plan Schedule 3: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2020-ZBA-16by Steven and Stephanie Moyle be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conformsto the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted: Andria Leigh, RPP, Director, Development Services Development Services October 7, 2020 Report No. DS2020-117 Page 5 of 10 Page 376 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-117 Page 6 of 10 Page 377 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Schedule 2: Aerial Plan Development Services October 7, 2020 Report No. DS2020-117 Page 7 of 10 Page 378 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Schedule 3: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2020-104 A By-law to amend the zoning provisions which apply to lands at W Part of Lot 5, W Part of Lot 6, E of CPR, Concession 8 (Medonte), Township of Oro-Medonte, known as 87 Warminster Sideroad 2020-ZBA-16 (Moyle) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. -law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in W Part of Lot 5, W Pt of Lot 6, E of CPR, Concession 8 (Medonte), Township of Oro-Medonte, from the Open Space (OS) Zone to the Agricultural/Rural Exception 321 (A/RU*321) and ttached and forming part of this By-law. 2. Section 7.0 is hereby further amended by adding the following subsection: W Part of Lot 5, W Part of Lot 6, E of CPR, Concession 8 (Medonte), Township of Oro-Medonte (Moyle) Notwithstanding any other provision in this By-law to the contrary, Section 5.27 Setbacks from Limits of Environmental Protection Zone shall not apply to the lands denoted by the symbol *321 on the schedules to this By- 3. -law No. 2020-104 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. th By-Law read a First, Second and Third Time, and Passed this 7 Day of October, 2020. Development Services October 7, 2020 Report No. DS2020-117 Page 8 of 10 Page 379 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... The Corporation of the Township Of Oro-Medonte _____________________________ Mayor, H.S. Hughes ____________________________ Deputy Clerk, Janette Teeter Development Services October 7, 2020 Report No. DS2020-117 Page 9 of 10 Page 380 of 430 7.a) DS2020-117, Andria Leigh, Director, Development Services re: Zoning... Schedule 'A' To By-Law No. 2020-104 for The Corporation of the Township of Oro-Medonte th This is Schedule 'A' to By-Law 2020-104 passed the 7 day of October 2020. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes _____ Deputy Clerk, Janette Teeter (Application 2020-ZBA-16) Development Services October 7, 2020 Report No. DS2020-117 Page 10of 10 Page 381 of 430 7.b) DS2020-119, David Saunders, Manager, Development Engineering re: Ea... Page 382 of 430 7.b) DS2020-119, David Saunders, Manager, Development Engineering re: Ea... Page 383 of 430 7.b) DS2020-119, David Saunders, Manager, Development Engineering re: Ea... Page 384 of 430 7.b) DS2020-119, David Saunders, Manager, Development Engineering re: Ea... Page 385 of 430 7.b) DS2020-119, David Saunders, Manager, Development Engineering re: Ea... Page 386 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Report Report No. To: Prepared By: DS2020-128 Development Services Catherine McLean, Committee Planner Meeting Date: Subject: Motion # October 7, 2020 Consent Application _____________________ 2018-B-01 Revised (James Roll #: R.M.S. File #: Kelman-Finlay, Shannon 4346-010-010-01010 D10-54833 Geniole and Donald Geniole) 392 Line 10 South Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-128 be received and adopted. 2. That Consent Application 2018-B-01 by James Kelman-Finlay, Shannon Geniole and Donald Geniole, to create one (1) new agricultural lot (hobby farm) on the lands municipally known as 392 Line 10 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-128. 3. The conditions are as follows: a. by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. b. That the applicants apply for and obtain approval of a Minor Variance to permit a minimum lot area of 0.53 hectares (1.3 acres) for a hobby farm on the severed parcel. c. That the applicant apply for and obtain Site Plan Approval from the Director, Development Services and enter into a Site Plan Agreement, registered on-title, with the Township. d. That the Applicants transfer to The Corporation of the County of Simcoe, in fee simple, free and clear of all liens and encumbrances, a 2.0 to 5.0 metres road widening to provide a 15.25 metre right-of-way from the center line along the entire frontage of the severed and retained lands adjacent to County Road 20 (Ridge Road East) to the County. The Development Services October 7, 2020 Report No. DS2020-128 Page 1of 25 Page 387 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Transfer for review by the Township and County, together with his/her opinion letter stating that upon registration of the Transfer, the County will have acquired a good and marketable title thereto, free and clear of all responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 2.0 to 5.0 metres widening with Ridge Road East as one Property Identifier Number to the satisfaction of the County. 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 Applicants. e. That the Applicant transfer to The Corporation of the County of Simcoe fee simple, free and clear of all liens and encumbrances, a daylighting triangle (15 metres x 15 metres) at the corner of County Road 20 (Ridge Road East) and Line 10 South dimensioned to the satisfaction shall prepare and submit a draft of the proposed Transfer for review by the Township and County, together with his/her opinion letter stating that upon registration of the Transfer, the County will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with County Road 20 (Ridge Road East) 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 Applicants. f. All fences located within the road widening lands (along County Road 20) must be moved to 0.3 metres inside the new property line, to the satisfaction of the County of Simcoe. g. The two existing access points to the property along County Road 20 must be closed and the boulevard reinstated, to the satisfaction of the County of Simcoe. h. That the Applicant transfer to The Corporation of the Township of Oro- encumbrances, a daylighting triangle (10 metres x 10 metres) at the corner of Line 10 South and the Rail Trail dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. 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 see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted Development Services October 7, 2020 Report No. DS2020-128 Page 2of 25 Page 388 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... daylighting triangle with Line 10 South 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. i. That the a portion of the subject lands be rezoned to the Environmental Protection Zone to the satisfaction of the Township of Oro-Medonte and the Lake Simcoe Region Conservation Authority. j. That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. k. That all municipal taxes be paid to the Township of Oro-Medonte. l. 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. m. conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. n. Submissions of deeds in triplicate for the parcel(s) severed, one copy to be retained by the Municipality. o. That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. p. 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 decision under the Secretary- Background: Consent application 2018-B-01 went to Development Services Committee on February request to give them time to address the comments received from the Lake Simcoe Region Conservation Authority (LSRCA). The applicants have since amended their initial proposal for the creation of a new agricultural lot (hobby farm) by way of severance from 0.81 hectares (2.0 acres)to 0.53 hectares (1.3 acres) based on the results of the Natural Heritage Evaluation (NHE) completed by Birks Natural Heritage Consultants dated July 27, 2020. Development Services October 7, 2020 Report No. DS2020-128 Page 3of 25 Page 389 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... The subject lands have a total lot area of approximately 22.26 hectares (55 acres) and are located on the southwest corner of Line 10 South and Ridge Road East. A location map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. Surrounding land uses predominantly consist of agricultural uses to the north and woodlots to the south, east and west. The lands proposed to be severed would have frontages on both Line 10 South and Ridge Road East (County Road 20) as illustrated on the draft survey found on Schedule 5 of this report. The lands are proposed to be severed as follows: Lands to be Severed: Lands to be Retained: Frontage: Approx. 65.0 m. (213.3 ft.) on Line Approx. 393. m. (1,289.4 ft.) on Line 10 S. 10 S. Approx. 158.5 m. (520.0 ft.) on Approx. 550.0 m. (1,809.4 ft.) on Ridge Road E. Ridge Road E. Depth: Irregular Irregular Area: Approximately 0.53 ha. (1.3 ac.) Approximately 21.7 ha (53.7 ac.) Use: Proposed hobby farm Continued Residential Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement 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. In rural areas, the PPS permits limited residential development and other rural land uses. 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 in or adjacent to natural heritage features unless the ecological function of the adjacent lands has been evaluated and has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions (Section 2.1.8). The applicant s retained Birks Natural Heritage Consultants who prepared a Natural Heritage Evaluation (NHE) in support of this application. As indicated in the NHE, no impacts to the identified features and functions are expected as a result of the proposed severance. Based on the above, Planning Staff are of the opinion that the application is consistent with the PPS. Development Services October 7, 2020 Report No. DS2020-128 Page 4of 25 Page 390 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. 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: 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-28). directly speak to the creation of agricultural lots. However, the proposed use of a hobby farm as the main use on the proposed severed lot would be in accordance with the Plan which does not prohibit the creation of such lots. In addition, the Places to Grow policies do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. majority of the property is located within the Environmental Protection Two overlay designation due to the presence of a Significant Woodland. The LSRCA also noted the presence of an unevaluated wetland. Since the proposed severed lands are located outside the natural heritage features, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is now also applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan states: within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrological feature will require a natural heritage evaluation or hydrological evaluation that identifies a vegetation protection zone, which: a. Is of sufficient width to protect the key natural heritage feature or key hydrological feature and its functions from the impacts of the proposed change; b. Is established to achieve and be maintained as natural self-sustaining vegetation; and, c. For key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrological (p. 43-44). The applicants retained Birks Natural Heritage Consultants who prepared a Natural Heritage Evaluation (NHE) in support of this application. The consultants concluded that no impacts to the identified features and functions are expected as a result of the proposed severance. As a condition of consent, the applicant will be required to obtain site plan approval which would address the 18 metre vegetation protection zone (VPZ) as recommended in the NHE. On the basis of the preceding, Planning Staff is satisfied that the applicants have demonstrated to the satisfaction of the Township and the LSRCA (through their Development Services October 7, 2020 Report No. DS2020-128 Page 5of 25 Page 391 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... comments detailed below in Schedule 7) that the creation of the new lot will not have any negative impacts on the key natural heritage features. Lake Simcoe Protection Plan Portions of the subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA) due to the presence of an unevaluated wetland and significant woodland; however, the proposed severed parcel is not located within the regulated area. The LSRCA was circulated the subject application and provided planning comments dated August 31, 2020 and natural heritage comments dated September 7, 2020 (refer to Schedule 7). In accordance with DP-6.25 of the Lake Simcoe Protection Plan (LSPP), the applicants retained Birks Natural Heritage Consultant who prepared a Natural Heritage Evaluation (NHE) which was peer-reviewed by the LSRCA. The LSRCA provided the following comments with regards to the review of the NHE: Please provide the list of species identified/observed during site visits. The vegetation protection zone (VPZ) must be delineated on the property with farm style fencing (live fence, page-wire, cedar-rail, etc.,) to ensure that this area remains undisturbed and allowed to naturalize. A planting plan for the VPZ is required. It should be developed as per direction in Section 6.2 of the NHE. All recommendations and mitigation measures identified in Section 6.0 of the NHE must be implemented. It is recommended that the severed parcel be subject to site plan control to ensure that future development of this lot is in keeping with the finding and recommendations provided in the NHE. Should the Committee approve the Consent application, a condition is recommended to be included that will require the applicants to successfully apply for and obtain Site Plan Approval from the Director, Development Services and enter into a Site Plan Agreement, registered on-title, with the Township. In terms of the planning review, the LSRCA is satisfied that from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. The LSRCA indicated that consistency with Section 3.1 of the PPS has been demonstrated and that Ontario Regulation \[179/06\] applies to the subject site. A permit from LSRCA will not be required prior to any municipal approvals. The LSRCA indicated that they would like a portion of the property to be rezoned to the Environmental Protection Zone to protect the key natural heritage features in perpetuity. Additional clarification is required from the LSRCA regarding the extent of the lands to be rezoned. The rezoning has been recommended as a condition of consent should the application be approved. Development Services October 7, 2020 Report No. DS2020-128 Page 6of 25 Page 392 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Simcoe County Official Plan The subject lands are designated Rural and Greenlands in Schedule 5.1 of the County (see Schedule 6 to this report). As indicated in the letter dated September 23, 2020 from the County of Simcoe (see Schedule 8), County Planning Staff are satisfied that a refinement to the boundary of the Greenlands designation has been justified. According to Section 3.8.21 of the County Official Plan, where a refinement to the Greenlands designation is facilitated without an amendment to this Plan, the land use designation abutting that portion of the Greenlands designation shall apply. In this case, the abutting land use designation is Rural. 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 (p. 39). Planning Staff concur with Simcoe County Planning Staff that indicated in their comments that the proposed lot appears to conform with these policies. The County of Simcoe Transportation and Engineering comments are examined in detail in the following Township Official Plan section. Township of Oro-Medonte Official Plan The subject lands are designated Rural and Environmental Protection Two in accordance with Schedule A The Environmental Protection Two overlay designation is associated with the presence of a Significant Woodland which is illustrated in Schedule B Natural Features of the 4). The lands proposed to be severed are located outside the Environmental Protection Two designation. Section C2.3.1 significantly restricts residential severances and this application would Rural planning staff is of the opinion that hobby farm severances can be considered as agricultural severances. Section C2.3 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 General Criteria) would apply. These criteria and Planning Development Services October 7, 2020 Report No. DS2020-128 Page 7of 25 Page 393 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... 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 severed and retained lands will have frontages on Line 10 South and Ridge Road East. Line 10 South is a Township road and Ridge Road East is a County Road (#20), which are both 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 severed and retained lands will have frontages on County Road 20 (Ridge Road East); however, access to both properties will be off Line 10 South. T the approval of the application, provided the following conditions are included: 1. The applicant shall transfer to the Corporation of the County of Simcoe A road allowance widening along the entire frontage of the severed and retained lots adjacent to County Road 20 to provide a 15.25 metre right-of- way from the center line of County Road 20. A daylight (sight) triangle measuring 15 metres east-west x 15 metres north-south at the north-east corner of the property adjacent to County Road 20 (Ridge Road East) and Line 10 South. 2. All fences located within the road widening lands must be moved to 0.3 metres inside the new property line. The County of Simcoe Transportation and Engineering Staff also provided the following comments: 1. The County of Simcoe Entrance By-law No. 5544 regulates the construction, alteration or change in the use of any private or public entranceway, gate or other structure or facility that permits access to a County road. The Applicant will not be allowed an entrance onto County Road 20 from the existing and 2. Any two existing access points to the property along County Road 20 must be closed and the boulevard reinstated. 3. The County of Simcoe Setback By-law No. 5604 regulates the location of buildings and other structures within 45 metres of lands adjacent to County Roads. Any new buildings and other structures must be located 15 metres from any requested road allowance widening. Structures include: septic systems and fields, wells, and retaining walls. Development Services October 7, 2020 Report No. DS2020-128 Page 8of 25 Page 394 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... c) will not cause a traffic hazard; Conforms: and have not identified any traffic safety concerns, but have advised that a 10 metre by 10 metre daylight triangle at Line 10 South and the Rail Trail will be required to be transferred by the Owner to the Township. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Comments: The retained parcel will comply with the Zoning By-law's lot frontage and area requirements and the severed lands comply with the minimum lot frontage requirement. The minimum lot size required for agricultural uses and hobby farms in the A/RU Zone is 2.0 hectares (4.9 acres). The applicants have requested a severed lot size of 0.5 hectares (1.3 acres), which satisfies the County of Simcoe's requirement for new lot creation; however, the applicant will require a Minor Variance to recognize the non-complying lot size. Subject to the approval of a minor variance application for lot size, the Consent application would comply with the Zoning By-law and conform to this policy. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: The existing dwelling on the retained lands is currently being serviced by a private well and private septic system, which is located far from the proposed severed lands. The Building Division is responsible for matters related to septic systems. The Building Division indicated that the owner should ensure that a class 4 sewage system and building envelope can be accommodated on the severed lands. f) will not have a negative impact on the drainage patterns in the area; Conforms: The Development Engineering Division, which is responsible for matters related to drainage, has no objections to the application. An Engineered Lot Grading Plan may be required at the time of Building Permit application. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Conforms: The retained lands are designated Rural and Environmental Protection Two overlay and are thus not designated for development beyond the level of their current use. Access to the retained lands will not be restricted as a result of the severance. h) will not have a negative impact on the features and functions of any ecological feature in the area; Conforms: The applicants retained Birks Natural Heritage Consultants who completed a Natural Heritage Evaluation dated July 27, 2020. The results of the NHE were peer- Development Services October 7, 2020 Report No. DS2020-128 Page 9of 25 Page 395 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... reviewed by the LSRCA that indicated in their letter dated August 31, 2020 (see Schedule 7) that they are satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with provincial policies and the LSPP. The LSRCA indicated that the vegetation protection zone (VPZ) must be delineated on the property with farm style fencing (live fence, page-wire, cedar-rail, etc.,) to ensure that this area remains undisturbed and allowed to naturalize. Furthermore, they recommended that the severed parcel be subject to site plan control to ensure that future development of this lot is in keeping with the finding and recommendations provided in the NHE. The requirement for site plan control has been included as a condition of consent should the application be approved. 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. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Based on the above, the application would appear to generally conform to the Township of Oro-Medonte Official Plan. Zoning By-law 97-95, as amended The subject lands are zoned Agricultural/Rural (A/RU) -law 97-95 (refer to Schedule 3). 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 retained parcel will comply with the Zoning By-law's lot frontage and area requirements and the severed lands comply with the minimum lot frontage requirement. The applicants have requested a severed lot size of 0.5 hectares (1.3 acres) which satisfies the County of Simcoe's requirement for new lot creation; however, the applicant will require a Minor Variance to recognize the non-complying lot size. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Municipal Board and Council chooses to defend the Development Services October 7, 2020 Report No. DS2020-128 Page 10 of 25 Page 396 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 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 Lake Simcoe Protection Plan Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Balanced Growth: Ensure land use planning policies manage change and promote economic activity attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments listed below. A Public notice sign was also posted on the subject lands. As of the preparation of this report, no public comments have been received. Agency/department comments received as of the preparation of this report are summarized below. Lake Simcoe Region Conservation Authority See Schedule 7 Simcoe County District School Board no objection Township Development Engineering No objection. An Entrance Permit issued by Operations shall be required, and that an Engineered Lot Grading Plan may be required at the time of Building Permit Application. Township Roads Department We would require a daylight triangle (10m x 10m) th at the 10 and the Rail Trail. Township Building Division Location of current septic system should be identified. Owner should ensure that a class 4 sewage system and building envelope can be accommodated on the severed lands. Bell Canada No concerns or easements required over the lands. Simcoe County See Schedule 8 Development Services October 7, 2020 Report No. DS2020-128 Page 11 of 25 Page 397 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Zoning Map Schedule 4: Township Official Plan Schedule B - Natural Features Schedule 5: Draft Survey Schedule 6: Simcoe County Official Plan Schedule 5.1 Land Use Schedule 7: Lake Simcoe Region Conservation Authority Comments dated August 31, 2020 & LSRCA Natural Heritage Review dated September 7, 2020 Schedule 8: Simcoe County comments dated September 23, 2020 Conclusion: Planning Staff recommends that Consent Application 2018-B-01 be approved, subject to the identified conditions, on the basis that the application is consistent with the Provincial Policy Statement 2020, the Growth Plan 2020 and conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McLean, Planner Approvals: Date: Derek Witlib, Manager Planning Services October 1, 2020 Andria Leigh, Director Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-128 Page 12 of 25 Page 398 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 1: Location Map Development Services October 7, 2020 Report No. DS2020-128 Page 13 of 25 Page 399 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 2: Aerial Photo Development Services October 7, 2020 Report No. DS2020-128 Page 14 of 25 Page 400 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 3 Zoning Map Development Services October 7, 2020 Report No. DS2020-128 Page 15 of 25 Page 401 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 4: Township Official Plan Schedule B Natural Features Development Services October 7, 2020 Report No. DS2020-128 Page 16 of 25 Page 402 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 5: Draft Survey Development Services October 7, 2020 Report No. DS2020-128 Page 17 of 25 Page 403 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 6: County of Simcoe Land Use Development Services October 7, 2020 Report No. DS2020-128 Page 18 of 25 Page 404 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 7: Lake Simcoe Region Conservation Authority Comments dated August 31, 2020 & LSRCA Natural Heritage Review dated September 7, 2020 Development Services October 7, 2020 Report No. DS2020-128 Page 19 of 25 Page 405 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Development Services October 7, 2020 Report No. DS2020-128 Page 20 of 25 Page 406 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Development Services October 7, 2020 Report No. DS2020-128 Page 21 of 25 Page 407 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Development Services October 7, 2020 Report No. DS2020-128 Page 22 of 25 Page 408 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Schedule 8: Simcoe County Comments dated September 23, 2020 Development Services October 7, 2020 Report No. DS2020-128 Page 23 of 25 Page 409 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Development Services October 7, 2020 Report No. DS2020-128 Page 24 of 25 Page 410 of 430 7.c) DS2020-128, Catherine McLean, Planner re: Consent Application 2018-... Development Services October 7, 2020 Report No. DS2020-128 Page 25 of 25 Page 411 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... Report Report No. To: Development Services Prepared By: DS2020-129 Committee Todd Weatherell, Intermediate Planner Meeting Date: Subject: Motion # October 7, 2020 Consent Application _____________________ 2020-B-19 by Michael and Roll #: R.M.S. File #: Kelly Foley 4346-020-005-04546 D10-58296 46 Boyd Crescent Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-129 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2020-B-19 to permit a boundary adjustment having a lot depth of approximately 12.192 metres (40.0 feet), and an lot area of approximately364.8 square metres (3926.8 square feet) to be added to the property located at 18 Boyd Crescent, subject to the conditions as outlined in Report DS2020-129. The conditions are as follows: 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 west, the subject parcel and the said abutting parcel shall be consolidated and become one parcel of land. - 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, to alter the configuration of the benefiting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, be deeded gratuitously to the Township for road purposes; that such lands be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that survey costs associated with the dedication be born the Owner. Development Services October 7, 2020 Report No. DS2020-129 Page 1of 9 Page 412 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... c) That the applicant apply for and obtain a Zoning By-Amendment for the benefitting lands from the Open Space (OS) Zone to a Residential One (R1) Zone to accurately reflect the benefitting land use. d) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; e) conveyance for the parcel severed, for review by the Municipality; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That the Certificate of Consent be issued utilizing Form 4, Section 53 (42) of the Planning Act, R.S.O. 1990, to merge the parcels; 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. And that the applicant be advised of decision under the Secretary- signature. Background: The lands proposed to be severed, retained and merged are located within the Moonstone Settlement Area, between Bachly Avenue and Boyd Crescent. The lands to be severed is currently vacant and is proposed to be merged with a residential property to the south, which contains a dwelling unit. (Refer to Schedule 1 and 2). The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Lands to be Lands to be Retained Total Merged Lands (18 Severed and Added (46 Boyd Crescent): Boyd Crescent) to 18 Boyd (Retained and Crescent: Receiving Lands) Frontage: Nil Approx. 3.0 m 30 m (9.8 ft. on Bachly Ave.) Depth: Approx. 12.192 m Irregular Approx. 83.34 m (40.0 ft.) (273.43 ft.) Area: Approx. 364.8 sq. m. Approx. 1.80 ha Approx.0.24 ha (3926.8 sq. ft.) (4.47 ac) (0.61 ac) Use: Residential Vacant Residential No new lots are proposed as a result of the lot addition. Development Services October 7, 2020 Report No. DS2020-129 Page 2of 9 Page 413 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... A public hearing was held on September 2, 2020 at which time planning staff recommended a deferral to allow staff to review ownership of the retained lands to see whether or not these lands were supposed to be transferred to the Municipality as part of the subdivision agreement for storm water management control purposes. At that time the application was also deferred until comments were received from the Nottawasaga Valley Conservation Authority (NVCA) as the property contains two ponds and the Committee felt that comments should be received by NVCA prior to a decision being made on the application. Comments were received on September 3, 2020 from NVCA which stated that Also after further review of the subdivision plan, it was determined that Block 63 (the retained lands) were never intended to be used as a storm drainage pond. Block 63 was identified as open space and the only restrictions regarding development appear to be the proximity to the natural water course. Further, this Block was not identified in the subdivision agreement as being required to be transferred to the Township. Although a pond feature exists in Block 63, the Township does not have any supporting information to confirm/refute whether these features act as engineered control for this development; nor do we inspect, maintain or have easement access to this block for these purposes. deferral have now been adequately addressed and this application can proceed forward for a decision. Policies, Legislation and Analysis: Provincial Policies The Provincial Policy Statement (2020) (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 minor boundary adjustments 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 (2020) have been reviewed and do not affect the application, since the proposed boundary adjustment does as defined by the Growth Plan. Based on the above, the proposed boundary adjustment conforms to applicable Provincial policies. County of Simcoe Official Plan The subject lands are in accordance with the County of Simcoe Official Plan. Development Services October 7, 2020 Report No. DS2020-129 Page 3of 9 Page 414 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... and consolidation of land holdings may be permitted but shall not be for the purpose of is to add lands from a vacant Block in a Plan of Subdivision that is owned by the same family members to be conveyed to the accessory structure. The reconfigured lot lines, would not create any new lots but would increase the size of one (1) existing residential lot, while reducing the size of the pond block. 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. The Committee should have regard to any County comments that may be received. However, Township Planning Staff is of the opinion that the application conforms to the County of Simcoe Official Plan. Nottawasaga Valley Conservation Authority (NVCA) The subject lands are regulated by the NVCA. The NVCA has advised the Township that they have no objections with the application as proposed. Township of Oro-Medonte Official Plan The subject lands are designated Rural Settlement Area in accordance with Schedule A The policies of the Rural Settlement Area designation do not specifically address boundary adjustments, but policy guidance with respect to boundary adjustments is found in Section D2.2.2 of the Oro- 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 Planning Staff is of the opinion that this application, if approved, will not negatively affecting the functionality or viability of the retained or benefitting parcels. Both properties that are affected are owned by the same people and by adding a small portion of land to the residential lot it will have no effect on the retained lands or lands adjacent to the subject properties. Further given the current ownership, Planning Staff does not foresee any precedent setting as the owner would determine any further applications made for future boundary adjustments that involve Block 63. On the basis of t conforms Development Services October 7, 2020 Report No. DS2020-129 Page 4of 9 Page 415 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned Open Space (OS), as these lands were created as a Block in a plan of subdivision and contained a pond and were zoned appropriately to prohibit structures on these types of parcels. The benefitting lands are zoned Residential One Exception 107 (R1*107). The R1*107 zone was put in place to recognize the minimum lot area of 1860.0 square metres for the residential lots that are located in this plan of subdivision. If the boundary adjustment is approved, a condition of approval will be required for the applicant to apply and obtain approval to rezone the severed lands from the Open Space (OS) zone to a Residential One (R1) zone to recognize the future land use on the severed lands. The applicant has submitted a Zoning By-law Amendment Application to address this requirement. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) and Council chooses to defend Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 County of Simcoe Official Plan Oro-Medonte Official Plan Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: is relevant to this application: Development Services October 7, 2020 Report No. DS2020-129 Page 5of 9 Page 416 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... Balanced Growth: Ensure land use planning policies manage change and promote economic activity that does not and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Development Engineering Block 63 was identified as Open Space and the only restrictions regarding development appear to be the proximity to the natural water course. This Block was not identified in the Subdivision Agreement as a required Transfer to the Township. No Objection is raised to the severance / transfer / addition of the portion of Block 63 in question. The transfer of a portion of Block 63 to the Lot does not appear dissimilar to any other request for transfer from one owner to another. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application as I understand an Accessory Building is proposed. Building Department No comment. Environmental Services - ES confirms storm pond features are in Block 70 and we have confirmed municipal ownership of this Block through title search. Although pond features exist in Block 63 we do not have supporting information to confirm/refute whether these features act as engineered control for this development; nor do we inspect, maintain or have easement access to this block. Nottawasaga Valley Conservation Authority No objections for approval. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Sketch Schedule 4: Zoning By-law mapping Conclusion: is application, it is recommended that Consent Application 2020-B-19 be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Development Services October 7, 2020 Report No. DS2020-129 Page 6of 9 Page 417 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... 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: Todd Weatherell, RPP, CPT Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services October 1, 2020 Andria Leigh, Director of Development Services October 1, 2020 Schedule 1: Location Map. Development Services October 7, 2020 Report No. DS2020-129 Page 7of 9 Page 418 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... Schedule 2 Aerial Photo Schedule 3: Proposed Severance Sketch Development Services October 7, 2020 Report No. DS2020-129 Page 8of 9 Page 419 of 430 7.d) DS2020-129, Todd Weatherell, Intermediate Planner re: Consent Appli... Schedule 4: Zoning By-law Mapping Development Services October 7, 2020 Report No. DS2020-129 Page 9of 9 Page 420 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... Report Report No. To: Prepared By: DS2020-130 Development Services Todd Weatherell, Committee Intermediate Planner Meeting Date: Subject: Motion # October 7, 2020 Minor Variance Application _____________________ 2020-A-28 Roll #: R.M.S. File #: Marion Joyce Logie and Roderick 4346-020-007-00105 D13-58331 Arthur James Gordon 1374 Moonstone Road West Recommendation(s): Requires Action For Information Only X It is recommended: 1. That Report No. DS2020-130 be received and adopted. 2. That Minor Variance Application 2020-A-28 by, Marion Joyce Logie and Roderick Arthur James Gordon, specifically for permission to construct an accessory structure with a 1.0 metre setback from the limit of the Environmental Protection (EP) Zone on the lands municipally known as 1374 Moonstone Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2020-130. 3. The conditions are as follows: a) That notwithstanding Section 5.27, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy any permits and/or approvals required from the Nottawasaga Valley Conservation Authority; and d) That the appropriate Zoning Certificate, and Building Permit Approval be obtained 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 the Secretary- Background: A public hearing was held on September 3, 2020 to hear public comments and to discuss the merits of the application. At that time the Committee deferred the application to allow the Development Services October 7, 2020 Report No. DS2020-130 Page 1 of 10 Page 421 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... applicant the opportunity to consult and obtain the necessary permission from the Nottawasaga Valley Conservation Authority (NVCA). The NVCA in their comments dated September 3, 2020 recommended that the Committee defer the application until the applicant demonstrates that the proposed location for the shed is outside of the Natural Hazard risk area. The NVCA comments stated that this may be achieved through NVCA technical review, through the submission of a geotechnical report which addresses the stability of the slope or by relocating the proposed structure outside the NVCA mapped Natural Hazard risk area. The applicant has been in discussions with NVCA and the applicant has chosen to relocate the proposed building to outside of the Natural Hazard risk area as recommended by the NVCA in their comments dated September 3, 2020. The NVCA has advised Planning Staff that an NVCA permit would still be required for the relocated structure. The applicant is continuing to work with the NVCA on determining the exact location requirements. The relocation of the proposed structure to outside the NVCA mapped Natural Hazard risk area may result in the building being located slightly farther away from the Environmental Protection (EP) Zone than the 1 metre (3.28 feet) that has been requested, but still within the Zoning By- ) setback. As indicated above, the exact setback from the EP Zone is not yet known, but this does not prevent the Committee from approving the current application based on the analysis below. The subject property has a lot area of 11.56 hectares (28.56 acres) and is located on Moonstone Road West. A location map is attached as Schedule 1 and an aerial image as Schedule 2 to this report. The property currently contains a single-family dwelling with an accessory apartment and a detached pool shed. The applicant is proposing to construct a storage shed and is requesting relief from the following section of Zoning By-law 97-95: Section 5.27 Setback from Limits of Environmental Protection (EP) Zone Required: Proposed: 30.0 metres (98.4 feet) 1.0 metre (3.28 feet) Analysis: Provincial Policy Statement (PPS) 2020 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 Rural Areas in Municipalities and 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 Development Services October 7, 2020 Report No. DS2020-130 Page 2 of 10 Page 422 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... service levels should be promoted." The surrounding land uses of the subject lands consist of large agriculturally related and rural residential land uses. Therefore, the proposed accessory building 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. This Section states that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Although the subject lands contain a significant woodland, the area of land that is to be utilized for the accessory structure is in an area that is already cleared and would appear to have no negative impacts on the woodlands. Planning Staff is of the opinion that this application is consistent with the Rural Areas, Rural Lands, and Natural Heritage policies of the PPS. Growth Plan for the Greater Golden Horseshoe, 2020 A Place to Grow (2019) was approved on May 16, 2019 to replace the 2017 Growth Plan. Amendment 1 (2020) to the Growth Plan for the Greater Golden Horseshoe 2019 was approved by the Lieutenant Governor in Council, Order in Council No 1244/2020 to take effect on August 28, 2020. 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 accessory building conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is already a residential lot and the accessory building will be a continuation of the existing use on the property. Section 4.2.3 Key Hydrologic Features, Key Hydrological Areas and Key Natural Heritage Features has been reviewed as the proposed construction is within a Significant Woodland designation. This section permits accessory structures subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structurePlanning staff do not believe a natural heritage evaluation is required as this application is for an accessory structure which will not expand into the woodlands as the location of the structure will be placed within an established clearing of the property and will not require the removal of any trees for the construction. Planning Staff is of the opinion that this application is consistent with the policies of the Growth Plan. Nottawasaga Valley Conservation Authority A portion of the subject lands including the location of the proposed building, are regulated by the Nottawasaga Valley Conservation Authority (NVCA). A permit from NVCA will be required as a condition of approval. Development Services October 7, 2020 Report No. DS2020-130 Page 3 of 10 Page 423 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... 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 of the Official Plan? include single detached dwellings and by association accessory structures. The subject lands has been identified as significant woodlands on Schedule B- Official Plan. dicates that it shall be those permitted by the underlying designation, that being Rural, provided the use conforms to the policies of this Section B3. The proposed accessory building will preserve the existing rural character of the area as it will be located on an already disturbed area of the property that is currently being used as a lawn area, and the location of a solar tracker. The requested variance conforms to the Township Official Plan. The subject lands is also designated RuralGreenlands within the County of Simcoe Official Plan. The proposed development will occur on the reenlands designated lands. 3.8.16 speaks to legally existing uses are recognized and permitted to continue in the Greenlands designations. The residential use of the property is an existing use. The proposed development is an expansion to this existing use which is permitted in Section 4.11.6. , preserve and protect the rural character and promote long- the proposed accessory structure would be a continuation of the existing residen Official Plan. The County of Simcoe has been circulated this application and have not provided comments prior to the completion of this report. The members of the Committee should have regard to any County of Simcoe comments that may be received. Development Services October 7, 2020 Report No. DS2020-130 Page 4 of 10 Page 424 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in -law 97-95, as amended. The proposed development of an accessory building will be located on the Agricultural/Rural (A/RU) zoned portion of the property and is permitted pursuant to Section 5.1 of the Zoning By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of a building with a 1.0 metre setback from the limits of the Environmental Protection (EP) Zone. The intent of the 30.0 metre (98.4 feet) setback required by the Zoning By-law is to protect buildings and structures from being constructed too close to an environmental feature. Upon site inspection, it was determined that the environmental feature runs diagonally through the property south of the existing dwelling and the proposed building, and the proposed building will not impact the environmentally protected area as it will be constructed on the north side of the spring run-off stream which will also be buffered by the existing driveway. In conversation with the applicant, the 1 metre setback was initially requested due to the positioning of their solar tracker. The applicants have advised that without a variance the new shed would impact the performance of the tracker in a range of at least 5-10% loss. The applicants would also like to have year round access to the shed so they are able to drive to it on a regular basis. They feel it would be less environmentally disruptive to have the shed near the driveway with only a very short access path than to have a long access path across the open area. As mentioned earlier in this report, the applicant is working with the NVCA to relocate the shed Area while still requiring an NVCA permit, and will likely result in the shed being located greater than 1 metre from the EP Zone boundary. While the precise location of the shed is still to be determined, this does not preclude the ability of the Committee to approve the variance as requested for a minimum setback of 1 metre from the EP Zone boundary delay the variance decision. Based on the above, the proposed variance Zoning By-law. Is the variance desirable for the appropriate development of the lot? The proposed variance is appropriate and desirable as the proposed building will be located in an area that is already cleared of trees and has been used as a lawn. The new building will not affect any of the adjacent neighbours as the dwelling is surrounded by mature vegetation. Based on the above, Planning Staff is of the opinion that the variance desirable for the appropriate development of the lot. Development Services October 7, 2020 Report No. DS2020-130 Page 5 of 10 Page 425 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... Is the variance minor? The proposed variance is considered minor, as the accessory building will be located in an area that is already disturbed, will preserve the existing trees on the property, will not affect the Environmental Protection (EP) Zone or the environmental feature and will comply with all setback requirements within the Agricultural/Rural (A/RU) Zone. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Local Planning Appeal Tribunal (LPAT) decision. Policies/Legislation: Planning Act, R.S.O. 1990, c.P.13 Provincial Policy Statement, 2020 Growth Plan for the Greater Golden Horseshoe, 2019 Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: The application is aligned with the objectives of the Balanced Growth strategic goal by protecting our natural environment. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: Township Operations Department: No Objection Township Building Department: No Comments Township Development Engineering Department: No Objection Nottawasaga Valley Conservation Authority (September 3, 2020 previously received comments): That the Committee defer the application until the applicant demonstrates area. The NVCA comments stated that this may be achieved through NVCA technical Development Services October 7, 2020 Report No. DS2020-130 Page 6 of 10 Page 426 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... review, through the submission of a geotechnical report which addresses the stability of the slope or by relocating the proposed structure outside the NVCA mapped Natural Hazard risk area. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Schedule 4: Elevation Plan Schedule 5: Slope erosion hazard zone mapping Conclusion: Planning Staff recommends that Minor Variance Application 2020-A-28 to permit a detached accessory building with a 1.0 metre (3.28 feet) setback from the limits of the Environmental Protection (EP) zone on the lands municipally known as 1374 Moonstone Road West, Township of Oro-Medonte, be approved, on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro- Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. The Committee should have regard for any comments received from the County of Simcoe or any further comments from the Nottawasaga Valley Conservation Authority prior to making their decision. Respectfully submitted: Todd Weatherell, RPP, CPT Intermediate Planner Approval: Date: Derek Witlib, Manager, Planning Services September 30, 2020 Andria Leigh, Director, Development Services October 1, 2020 Development Services October 7, 2020 Report No. DS2020-130 Page 7 of 10 Page 427 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... Schedule 1: Location Map Schedule 2: Aerial Photos Development Services October 7, 2020 Report No. DS2020-130 Page 8 of 10 Page 428 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... Development Services October 7, 2020 Report No. DS2020-130 Page 9 of 10 Page 429 of 430 7.e) DS2020-130, Todd Weatherell, Intermediate Planner re: Minor Varianc... Schedule 4: Elevation Plan: Schedule 5: NVCA Slope Erosion Map Development Services October 7, 2020 Report No. DS2020-130 Page 10 of 10 Page 430 of 430